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PC Minutes 09-04-2012 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 4, 2012 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Kathleen Thomas, Lisa Hokkanen and Kelsey Nelson MEMBERS ABSENT: Kim Tennyson, Mark Undestad and Bill Colopoulos STAFF PRESENT: Bob Generous, Senior Planner PUBLIC HEARING: TH LAKESIDE 7 ADDITION: REQUEST FOR A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT; PREILMINARY PLAT OF 17 LOTS; SITE PLAN REVIEW FOR 17 TOWNHOUSE UNITS; AND VARIANCES ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT-RESIDENTIAL (PUD-R) LOCATED ON OUTLOT D, LAKESIDE BETWEEN LAKE RILEY DRIVE AND HIGHWAY 212, ALONG WITH PART OF OUTLOT A, ND LAKESIDE, AND PART OF OUTLOT A, LAKESIDE 2 ADDITION. APPLICANT: RON CLARK CONSTRUCTION, PLANNING CASE 2012-11. Generous: Thank you Chairman Aller, commissioners. As you stated we have a public hearing for th Lakeside 7 Addition. The approvals included in this are the planned unit development amendment, a preliminary plat for 17 lots and site plan review for 17 townhouse units with variances for setbacks for decks on the east and western sides of the project. It’s Planning Case 2012-11. The public hearing is th tonight and it’s scheduled for City Council on September 24. The project site is located on the north end of the Lakeside development. Immediately to the north of this site is Highway 212 and then Lake Riley Drive which is a public street within the development. The subdivision actually includes the outlot that is undeveloped and they’re replatting Outlot A of Lakeside which is the private street for the entire nd development to give it a little more room on the site, and then Outlot A of the 2 Addition which is the open space around the properties along the east property line. They’re straightening that line out so. The Lakeside development was originally, is a planned unit development. It was originally approved to include townhouses and condominium units. On the south and north end were the condominium th buildings and as part of the 4 Addition of the project the two condominiums that were located to the th south were eliminated and replaced by twin homes. As part of the 7 Addition the 77 condominium units that were originally approved for the north end of the development are being replaced by 17 townhouse units. The property is zoned planned unit development residential and the amendment is to Sections B and C of the ordinance. Section B deals with the uses within the development. We’re removing one word from, it says one condominium building and we’re just eliminating the one and also there’s a discussion about the discretion of the Planning Director to determine appropriate uses. However as part of our discussions with other planned unit developments this summer we know that the discretion lies within the Planning Commission and City Council so. The second part is to amend the setbacks along Highway 212 from 50 feet to 20 feet for building setbacks. When this was originally approved there was a standard perimeter setback as part of PUD’s of 50 feet. It didn’t take into account any extraneous circumstances. Since that time the City has amended our zoning ordinance to eliminate that prescribed setback and we relate it more to the idea and the location of the development. So staff is recommending approval of the amendment to the PUD. The subdivision itself creates 17 lots and 7 outlots. The 17 lots th are for the townhouse units that will be part of the 7 Addition. The outlots are for the common open space. The replatting of the private street for the entire development and the private street for this end of the development. As part of the subdivision approval a trail connection is required to the Eden Prairie trail that was completed this summer and so we believe this will be a nice amenity for the neighborhood. Chanhassen Planning Commission – September 4, 2012 They’re proposing to put in a sidewalk rather than the standard trail system and the parks director is amenable to that so. The only addition to the subdivision is a concern we’d like to see the wetland and it’s buffer area included as part of a separate outlot and dedicated to the City. We’ve discovered over time that if we leave it in private ownership we have issues with the property owners going in and starting to revise the buffer area with a lawn and so we’d like, that’s supposed to remain as a native vegetation and so also we’re requiring that they put up the signs that this is a wetland buffer edge for the future property owners to know where that transition is. Staff is recommending approval of the subdivision subject to the conditions of the staff report. And as part of the grading plan there was a concern for the trail connection over, or the sidewalk connection over to the trail that they’re creating a tall lip if you will for the sidewalk that will be significantly higher than the adjacent grades and they want them to look at that area before the final plat comes forward to see if they can reduce the height or create some more drainage away from that last unit 7 on that side of the development so they’ll give them a little time to do that prior to final plat approval. Also if it is over 6 feet or even 4 feet we probably require that they put some fencing along the top of the retaining walls on either side so people using that have a little bit of security and protection done. So staff is recommending approval of the subdivision. The site plan review is for the 17 townhouse units. The variances are for the decks on the east and west sides of the development. They’re proposing two different styles of housing. We have the twin home or Heritage units and then the Wynfield I believe which are the 3 unit townhouses that will be in the middle of the development. These buildings continue the architectural and detailing of the other twin homes within the project and so we think it will be a good addition and it will really be seenless development within this project. And then here’s the 3 unit. Slightly lower roof profile but still it will be a nice amenity in that area and it’s the 3 and there’s 6 units right in the middle of the project that will do that. Back to the variances. As part of the site plan on the west side the City ordinance requires, or the PUD requires a 30 foot setback from the wetland buffer which is 20 feet. They’d like, while the buildings will maintain that 30 foot setback they’d like to have the decks on those units be able to encroach into that and it will go down to 21.3 feet so a 8.7 foot variance from the 30 foot variance. However if, had this not been a PUD and they followed the City standards, accessory structure may encroach up to half the required setback so they could have gone even closer so by limiting it, giving them that 8.7 variance and limiting to the decks we believe that we will be able to preserve the integrity of the wetland area and the buffer. On the east side of the project it’s the PUD allows an encroachment up to 7 feet into the required setback for decks or patios. Things like that. They would like to go an additional foot and a half on that so they could have a standard 10 foot wide deck there. We believe these are reasonable requests and because to the east of this project is a golf course they’re not really going to be encroaching into any really residential space or you know impacting the neighbors so it seemed reasonable and we’re recommending approval of that. The Wynfield is the 2 unit structure and I believe it’s the detached townhouse would follow that same style and then the Heritage is a 3 unit. The proposed development is consistent with the City’s comprehensive plan and complies with the zoning ordinance subject to the PUD amendment and approval of the variances for the deck setbacks. It creates a harmonious and functional design for structures within the site and we believe that it would be a good amenity for this neighborhood and the community. Staff is recommending approval of the project as specified in the staff report. With that I’d be happy to answer any questions. Aller: Bob on the outlot and coverage for hard cover space, including the encroachments were under 50%. Isn’t that the, is that the overall? Generous: Yes, and also this project is the entire development is included in that so yes they would be under the 50%. Aller: Even though some particular units would not meet that. Generous: Yes. They’re almost 100% site coverage for a lot. 2 Chanhassen Planning Commission – September 4, 2012 Aller: Right. Generous: Outlots are. Aller: Okay, I don’t have any further questions. I think the report was very complete. Hokkanen: I found my answer to my question. Never mind. Aller: Nothing right now. Does the applicant wish to come forward and give us an idea of the direction. Please state your name and address for the record please. Mike Waldo: Mr. Chair, members of the Planning Commission and staff. I’m Mike Waldo with Ron th Clark Construction. 7500 West 78 Street in Edina. Mike Roebuck and Sarah Evans with our company are also here to answer any other questions. Again staff report was very comprehensive and I think covers pretty much everything that we would like to cover. Probably the only other issues is we did have a meeting of all the homeowners before we, at the same time we presented to the City and the response was quite excellent. A few of the homeowners are here. They may or may not speak hopefully on our behalf. All the HOA homeowner association approvals required for the various outlot splits and the transfer of the property and the subdivision itself have been approved and voted upon. Those documents are all prepared, ready to go as soon as, assuming we can get approval from the City. I think from the trail and a couple of those areas and the deck encroachment, the trail again as a sidewalk I think is an amenity to the overall. There’s been concern from the residents of liking possibly to eliminate it but I think from staff’s perspective and that’s not something that’s an option and I think by doing what we’ve done with the sidewalk and either with or without the steps, as Bob has explained, I think will be a good option. We’re looking at potentially changing the grades of one of the units next to it to allow for a little bit nicer fence area there and not having it be quite as perched and also the look of doing steps which would also allow it to keep it more in concert with the rest of the grades on the site. And then as far as the decks I think when we’re taking this site from a very high dense condo to a townhome and keeping the street widths we actually first had talked about maybe reducing some of the streets from 24 feet to 22 or 20, which has happened in some other areas in the neighborhood and staff felt strongly that those were more important than maybe a small foot and a half encroachment into that deck easement and I think that’s kind of the direction that we’ve gone and why that evolved versus maybe being able to take the streets back 2 feet. I think it’s more important for just better circulation and the fact that it’s a fairly concise area so. Aller: For access and snow removal. Mike Waldo: Yep, all the above. So any of the 3 of us are available to answer questions. Aller: You’ve had an opportunity obviously to work with staff and look at the report. Do you see anything, this isn’t the preliminary. It’s not the final. Do you see anything that’s insurmountable here? Mike Waldo: No. Aller: In working with the staff. Mike Waldo: No. No. Very comfortable that we can work with staff and bring it forward along with your comments to the council and be very comfortable with the final project. Aller: Great, thank you. Any questions from anyone else? Commissioners. Alright, thank you. 3 Chanhassen Planning Commission – September 4, 2012 Mike Waldo: Thank you. Aller: Okay, we’re going to open up the public hearing portion of the proceeding. Anyone from the general public? Anyone that’s in the back wish to speak on behalf of or against the motion before us? Audience: We’re for it. Aller: Can I see a show of hands of those that are for it? Okay, we have a number of people. 2, 4, 6, 8, unanimous for those individuals that are here for it so for the record, I will close the public hearing with those comments. It’s nice to see your participating in here. Thank you for coming. Questions? Concerns. I think it’s pretty straight forward. I think the. Thomas: It’ll be a good addition. Hokkanen: I think it’s going to be a beautiful addition to that development. Nelson: I do too. Aller: I think the community at large, it sounds like the meeting went well and that they’re in favor of moving from the condo to the twin home scenario so with that I’ll entertain a motion. Thomas: Alright, I’ll do a motion. The Chanhassen Planning Commission recommends that the City Council approves the ordinance amending the PUD zoning standards for Lakeside. City Council th approves the preliminary plat for Lakeside 7 Addition creating 17 lots and 7 outlots subject to the conditions of the staff report. City Council approve Site Plan #2012-11 for a 17 unit townhouse project in Lakeside development with setback variances to permit decks to encroach into setbacks subject to the conditions of the staff report. And the adoption of the attached Findings of Fact and Recommendation. Aller: I have a motion before me. Do I have a second? Nelson: I’ll second that. Thomas moved, Nelson seconded that the Chanhassen Planning Commission recommends that the City Council approves the ordinance amending the PUD Zoning Standards for Lakeside as follows: A. Planned Unit Development – Residential Amendment revising sections b and c of the zoning : standards as follows b. Permitted Uses The permitted uses in this zone shall be twin homes, townhouses, and condominium buildings and their ancillary uses. The type of uses to be provided on common areas shall be low-intensity neighborhood-oriented accessory structures to meet daily needs of residents. Such uses may include a bus shelter, community building, development signage, fountain, garden, gazebo, maintenance shed, picnic shelter, pool, playground equipment or tennis courts. c. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table 4 Chanhassen Planning Commission – September 4, 2012 displays those setbacks. Setback Standards Highway 212 20 feet East(Perimeter) Lot Line 50 feet - townhouses; - 30 feet twin homes; Building Height of the Condominiums with a minimum of 30 feet Lyman Boulevard 30 feet West(Perimeter) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 15 feet Minimum Driveway length (to back of curb, trail or sidewalk) 25 feet Hard Surface Coverage 50 % * Wetland: Buffer and buffer setback 20 feet and 30 feet Lake Riley 75 feet # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. * The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Thomas moved, Nelson seconded that the Chanhassen Planning Commission recommends that the th City Council approves the preliminary plat for Lakeside 7 Addition creating 17 lots and 7 Outlots, plans prepared by Pioneer Engineering dated 08-03-12, subject to the following conditions and adoption of the attached Findings of Fact and Recommendation. Engineering Conditions: 1. The developer must provide staff with the estimated amount of material that will be hauled off of and onto the site, the schedule for the hauling, and the haul route. 2. The grading plan must be revised such that the grades do not exceed 3:1. 3. The grading for the proposed sidewalk connection from Lake Riley Drive to the regional trail in Eden Prairie must be revised to reduce/eliminate the retaining wall and eliminate the drainage directed to the side of the unit on Lot 7, Block 4. 4. The lowest openings for Lots 1 through 3, Block 3 must be a minimum of 18 inches above the emergency overflow. 5. If retaining walls are necessary along the sidewalk, fencing may be required. 6. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 5 Chanhassen Planning Commission – September 4, 2012 7. The watermain within Driveway A and Driveway B shall be extended to the north end of these private streets with hydrants installed at the end. 8. Each new lot is subject to the sanitary sewer and water hookup charges in effect at the time of final plat approval. 9. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. 10. The applicant is also 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. 11. Permits from the appropriate regulatory agencies will be required, including the MPCA, Dept. of Health, Carver County and Watershed District. 12. The developer must provide an exhibit showing the location of the utilities and the proposed drainage and utility easements in order to determine if the easements can be vacated. If there are any conflicts with the small utilities location, the developer will be responsible for any relocation costs. 13. This development is adjacent to Lyman Boulevard; therefore, the Collector and Arterial Roadway Improvement Charge shall be collected with the final plat. Park & Recreation Conditions: th 1. The developer shall pay $78,600 in park dedication fees for Lakeside 7 Addition concurrent with or prior to recording the final plat in lieu of parkland dedication or donation. 2. The sidewalk south of Lot 7, Block 4 connecting the Lakeside area to the newly-installed Eden Prairie trail, as depicted in the applicant’s plans, shall be installed concurrent with development of Lot 4 units and a 15 foot-wide public walkway easement centered on the newly installed sidewalk be dedicated to the city. Planning Conditions: 1. The developer shall designate Lots and Blocks on the final plat. Water Resources Specialist Conditions: 1. The developer shall obtain an NPDES Construction Permit. 2. The city shall be provided with a copy of the SWPPP for review and comment. 3. The erosion and sediment control plan shall be amended to be consistent with Chapter 19, Section 145 and the NPDES Construction Permit including Appendix A and Appendix C. 4. The site shall meet the water quality requirements of the NPDES Construction Permit. 5. The design of the rain gardens should be consistent with the Minnesota Stormwater Manual and in particular Chapter 12-6 including; a. The underdrain should be 8-inches in diameter. 6 Chanhassen Planning Commission – September 4, 2012 b. The underdrain should not be wrapped in a sock. c. The underdrain should be in a minimum of one-foot of double washed, 1-½ inches in size. This should be wrapped in high permeativity blanket or a choker course of washed pea gravel. d. The timing of construction shall be clearly spelled out on the plans and specification manual and shall be consistent with the Minnesota Stormwater Manual. This means that the impervious surfaces shall be constructed and the pervious surfaces covered with dense vegetation prior to introduction of water to the system. e. Minimum depth of the prepared soils shall be 30-inches. f. Provide water quality volume (W) calculations. Include new impervious surface calculations qv used to calculate W. qv 6. The model should be run with an assumed infiltration rate no higher than 0.2 inches per hour unless data from an infiltrometer or other suitable field data is provided confirming the higher infiltration rate. 7. The drainage map should show drainage areas for both rain garden A and rain garden B. 8. The developer shall enter into a maintenance agreement with the City making the developer or their proxy responsible for maintenance of the rain garden areas. 9. The outfall for the drain tile shall be pulled back away from the wetland such that it discharges at the edge of the buffer rather than in the wetland. Energy dissipation shall be provided and shown on the plan. The profile of the underdrain needs to be shown on the utility plan. 10. Energy dissipation shall be provided at the outfalls into the rain gardens. A forebay is highly recommended to minimize future maintenance needs. 11. Surface Water Management fees due at the time of final plat are estimated to be$33,137.35. The applicant shall provide a breakdown of the necessary areas. 12. The wetland and the required buffer shall be placed into a outlot separate from Outlot C. This outlot shall be dedicated to the city. 13. Indicate the date of the delineation and the entity responsible for the delineation on the drawing. 14. City staff must review the site to determine that the delineated wetland boundary still accurately reflects the jurisdictional boundary. 15. City staff must review the wetland buffer to assure that at least 50% of the remaining vegetation is native. If not, the applicant must develop a management plan to accomplish this goal. 16. Wetland buffer monuments are required. The location of these shall be indicated on a plan sheet and surety funds shall be provided at the time of final plat to ensure that these monuments are installed. 17. Permits from the appropriate regulatory agencies will be required, including the MPCA, NPDES, Dept. of Health, Carver County, MnDOT and Watershed District. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Thomas moved, Nelson seconded that the Chanhassen Planning Commission recommends the City Council approves Site Plan #2012 for a 17-unit townhouse development consisting of 10 twinhomes, 7 Chanhassen Planning Commission – September 4, 2012 1 detached townhouse (Villa) and 6 three-unit townhouses, plans prepared by Pioneer Engineering, dated 08-03-12, with a 1.5-foot variance to permit the decks to project 8.5 feet into the required yard along the eastern project boundary (21.5-foot setback), and a 8.7-foot variance to permit decks to be set back 21.3 feet from the wetland buffer edge subject to the following conditions and adoption of the attached Findings of Fact and Recommendation. Building Officials Comments: 1. Buildings over 9,250 square feet in area (floor area to include all floors, basements and garages) must be protected with an automatic fire protection system. 2. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 3. Retaining walls over four feet high require a design by a professional engineer, a building permit, inspections and final approval. 4. Walls and projections within 5 feet of property lines are required to be of one-hour fire-resistive construction. 5. Buildings are required to be designed by an architect and engineer (licensed in the State of Minnesota) as determined by the Building Official. 6. The developer and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. Environmental Resource Specialist Conditions: 1. The applicant shall provide 7 overstory, 11 understory and 19 shrubs along the north property line; at least 7 overstory, 14 understory and 21 shrubs along the east property line of outlot C or landscaping consistent with the existing buffer to the south. 2. A revised landscape plan that meets minimum requirements must be submitted to the city before final approval. 3. Provide screening for proposed homes adjacent to Lake Riley Drive. Locations include south of the homes in Block 3, on outlot E as well as south of the homes in Block 1. Fire Marshall Conditions: 1. A three-foot clear space shall be maintained around the circumference of the fire hydrants per MSFC Section 508.5.5. 2. Nothing shall be placed in a manner that would prevent or hinder operation of the fire hydrant by firefighters per MSFC Section 508.5.4. 3. Submit proposed street name(s) to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. Note: duplicate street names will not be accepted. 4. Prior to building construction, approved temporary street signs must be installed. 8 Chanhassen Planning Commission – September 4, 2012 Planning Conditions: The developer shall enter into a site plan permit with the City and provide the financial. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Aller: For those of you at home watching, those items and all the documentation are on the City’s website for your review and again this matter will come before the City Council on September 24, 2012. Moving on to item 2. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT/CITY CODE AMENDMENT: REQUEST TO AMEND THE TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN REGARDING FUNCTIONAL CLASSIFICATIONS; AND AMENDMENT TO CHAPTER 20, ZONING, SECTION 20-5, IDENTIFICATION OF ARTERIAL AND COLLECTOR STREETS. Generous: Thank you Chairman Aller, commissioners. Before you is a public hearing to amend the City’s 2030 comprehensive plan and the city code to include the Dakota Avenue between Highway 5 and Lake Drive East as a collector roadway in our hierarchy of our roadway system. The primary reason to do this is not only does it meet the definition of a collector roadway but we need to have it designated to get use of MSA funds to improve it or maintain it so. It is part of the system. We are, will be, Monday this goes to council to get authorization for jurisdictional review and so we’ll send it out and then they have 60 days to comment on that and then we’ll bring it back to City Council for their review and adoption but we’re holding the public hearing portion of this right now because we believe it is reasonable and we want to get the process going so with that staff is recommending approval of the amendment to the City’s comprehensive plan Section 7.6.6 to add Dakota Avenue as a minor collector and to amend the City Code Chapter 20 Section 20-5 to add Dakota Avenue as a collector street. With that I’d be happy to answer any questions. Thank you. Aller: I have no questions. Any commissioners have questions? Hokkanen: No questions. Nelson: No questions. Thomas: No, no questions. Aller With that I’ll open the public hearing portion of the meeting. Anyone wishing to come forward please do at this time. Seeing no one come forward I will close the public hearing portion of the meeting and comments, questions. Clearly this is a route that provides a link from Highway 5 to the office and industrial area on Lake Drive East and through to the residential areas on the south so I think it clearly meets the definition and we just have to, it’s a process matter at this point. Hokkanen: Right. Nelson: Yep, it’s pretty busy. Hokkanen: Definitely a collector. Aller: Okay. Motion. 9