PC SUM 2012 10 16
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
OCTOBER 16, 2012
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Andrew Aller, Mark Undestad, Lisa Hokkanen, Kim Tennyson, and Bill
Colopoulos
MEMBERS ABSENT:
Kathleen Thomas and Kelsey Nelson
STAFF PRESENT:
Kate Aanenson, Community Development Director; Bob Generous, Senior Planner;
Sharmeen Al-Jaff, Senior Planner; Alyson Fauske, Assistant City Engineer; and Joe Shamla, Project
Engineer
PUBLIC PRESENT:
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Gary Reed 2461 West 64 Street, Excelsior
Tyler Stevens 6505 Fox Hollow Court
Scott Lucas, Olson and Lucas Law Firm 7401 Metro Boulevard, Suite 575, Edina
Greg Soule 225 South Sixth Street, Suite 4000, Minneapolis
Steve Buska 7054 Northwood Court
PUBLIC HEARING:
CITY CODE AMENDMENT: REQUEST TO AMEND CHAPTER 20, ZONING, TO ALLOW A
SENIOR CARE FACILITY IN MEDIUM AND HIGH DENSITY DISTRICTS.
Sharmeen Al-Jaff presented the staff report on this item. Chairman Aller asked for clarification of the
park dedication fee and Senior Commission feedback before opening the public hearing. No one spoke
and the public hearing was closed.
Colopoulos moved, Undestad seconded that the Chanhassen Planning Commission recommends
that the City Council approve the amendment to Chapter 20, Section 20-652 to allow continuing
care retirement facilities as a permitted use; and Chapter 20, Article XXIII, Division 2 to include
standards of a continuing care retirement facility. All voted in favor and the motion carried
unanimously with a vote of 5 to 0.
PUBLIC HEARING:
BEE HIVE HOMES: REQUEST TO REZONE PROPERTY FROM SINGLE FAMILY
RESIDENTIAL DISTRICT (RSF) TO MIXED MEDIUM DENSITY RESIDENTIAL DISTRICT
(R-8); PRELIMINARY PLAT TO REPLAT 2.16 ACRES INTO ONE LOT; AND SITE PLAN
REVIEW WITH VARIANCES FOR THE CONSTRUCTION OF A SENIOR CARE FACILITY
ON PROPERTY LOCATED WEST OF HIGHWAY 41 AT 6330 HAZELTIN BOULEVARD.
APPLICANT: TYLER & KATHRYN STEVENS. OWNER: ROR, INC, PLANNING CASE 2012-
15.
Sharmeen Al-Jaff and Joe Shamla presented the staff report on this item. The applicant, Tyler Stevens
provided background information on his company Encore Senior Home Care and the need for this type of
facility. Commissioner Colopoulos asked for clarification on the layout of the apartments and health care
services provided. Chairman Aller asked about screening of the parking lot, building materials, lighting,
Planning Commission Summary – October 16, 2012
traffic, and the trash enclosure. Commissioner Hokkanen asked about the requirement to save the 50 inch
oak tree. Chairman Aller opened the public hearing. Scott Lucas, attorney representing Mel Brooks and
Nancy Perkins Brooks, elaborated on the correspondence emailed to the City regarding their claim of
ownership in part of the property due to the doctrine of adverse possession and alternately a prescriptive
easement. Greg Soule, attorney representing the applicant, asked that the commission proceed with this
request. Gary Reed, who owns this property with his brother, stated they are looking forward to having
something nice on this property that is a residential style building. Chairman Aller closed the public
hearing. After comments the following motions were made.
Hokkanen moved, Tennyson seconded that the Planning Commissionrecommends approval of
Planning Case #2012-15 to rezone 2.16 acres of property zoned RSF, Single Family Residential
District to R-8, Mixed Medium-Density Residential District for BeeHive Homes Subdivision
contingent upon final plat approval, as shown in plans dated received October 9, 2012, and
adoption of the Findings of Fact. All voted in favor and the motion carried unanimously with a
vote of 5 to 0.
Hokkanen moved, Tennyson seconded that the Planning Commissionrecommends the City Council
approves the preliminary and final plat for Planning Case 2012-15 for BeeHive Homes as shown in
plans dated received October 9, 2012, and including the attached Findings of Fact and
Recommendation, subject to the following conditions:
1. Full park fees in lieu of parkland dedication shall be collected in full at the rate in force upon final plat
submission and approval.
2.All of the utility improvements are required to be constructed in accordance with the City's
latest edition of Standard Specifications and Detail Plates. 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. The applicant must be aware that all public utility
improvements will require a preconstruction meeting before building permit issuance.
Permits from the appropriate regulatory agencies will be required, including the MPCA,
Dept. of Health, Carver County, Watershed District and MnDOT.
3.The developer must work with the City to properly locate the easements over the utilities and
over the treatment pond.
4. Storm water connection fees will be collected with the final plat. The fees are estimated to be
$12,231.20.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
the City
Hokkanen moved, Tennyson seconded that the Planning Commissionrecommends that
Council approve the site plan consisting of a 15,681 square-foot continuing care retirement
facility, Planning Case 12-15 for BeeHive Homes as shown in plans dated received October
9, 2012, and including the attached Findings of Fact and Recommendation, subject to the
following conditions:
1.Install tree protection fencing around the preserved oak at least 30 feet from the trunk. The
fencing shall be installed prior to any construction activity and remain until site construction
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Planning Commission Summary – October 16, 2012
is completed. Wood chip mulch shall be applied within the fenced area to a depth of 4-6
inches.
2.One spruce shall be added to the plantings along the west property line. The tree should be
located behind the proposed group of five lilacs.
3.Building Official Conditions:
a.The proposed structure is required to have an automatic fire extinguishing system.
b.All plans must be prepared and signed by design professionals licensed in the State of
Minnesota. A geotechnical (soil evaluation) report is required.
c.Designs\plans for retaining wall(s) exceeding four feet in height must be prepared and
signed by a structural engineer.
d.Detailed building code related requirements have not been reviewed; this will take place
when complete structural/architectural plans are submitted.
e.Demolition Permit(s) are required for the removal of any existing structures on the site.
f.The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
4.All rooftop and ground equipment must be screened from views.
5.Approval of the site plan applications is contingent upon approval of the final plat, rezoning,
drainage and utility easement vacation, and the City Code amendment – Planning Case 2012-
15.
6.The monument sign may not exceed 24 square feet in area nor be higher than 5 feet. The
sign shall be located 10 feet from the property line. A sign permit is required before
construction of the sign.
7.Sign illumination and design shall comply with ordinance.
8.Recycling space and other solid waste collection space should be contained within the same
enclosure as the trash.
9.The existing buildings must be removed prior to grading. Demolition of structures must
comply with National Emission Standards of Hazardous Air Pollutants, Minnesota Rules
7035.0805 and any other pertinent rules, regulations and laws.
10.The developer will be responsible for all the costs associated with rerouting the storm water.
The City will own and maintain the proposed storm sewer upon acceptance by the City. The
developer must model the drainage area discharging to the 36-inch storm sewer to determine
the proper sizing of the storm sewer through the site.
11.A permit is required for any work within the MnDOT right-of-way.
12.The NURP calculations and or drainage area map must be revised to correlate to the plans.
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Planning Commission Summary – October 16, 2012
13.The roof drainage from the rear of the building needs to be collected and piped to prevent
storm water from discharging to the properties to the west.
14.Drainage maps and hydrocad calculations were provided for this site. The maps do not show
the correct drainage boundaries. The maps and calculations must be revised to meet City
standards.
15.If importing or exporting material for development of the site is necessary, the applicant will
be required to supply the City with detailed haul routes.
16.The applicant shall work with staff on the proposed location of the new lines. The sewer and
water lines located between the existing lines and the property to the south will be city owned
and maintained. The lines connecting to the buildings will be private. Drainage and utility
easements will be required on the public portion of the sewer and water lines. Permits are
required from the Department of Health and MPCA for the sewer and water extension.
17.Each new building is subject to sanitary sewer and water hookup charges. The 2012 trunk
hookup charge is $2,107 per unit for sanitary sewer and $5,717 per unit for watermain.
Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the
time of building permit issuance. All of these charges are based on the number of SAC units
assigned by the Met Council and are due at the time of building permit issuance.
18.The utilities will need plan and profile sheets of all public utilities. The public portion of
these utilities will be inspected by an engineering inspector. Upon completion, as-builts must
be completed to ensure that the utilities meet the specifications of the City.
19.Existing easements are shown in the location of the proposed building. A portion of these
easements must be vacated to accommodate the building location.
20.The developer must post a letter of credit or cash escrow ensuring the future connection to
the property south of this development. This connection must occur within one year of the
completion of the first lift of asphalt. Upon completion of the new access point, the BeeHive
Home property must remove the right-in/right-out access. The City will hold the letter of
credit or cash escrow until the BeeHive Home property connects to the future access point
and removes their current right-in/right-out.
21.The applicant shall provide the NPDES Permit number prior to commencement of earth-
disturbing activities.
22.The SWPPP shall be amended such that under Project Contacts, the City contact is Terry
Jeffery, Water Resources Coordinator 952.227.1168 and Chip Hentges, Carver County
SWCD, 952.466.5230 shall be added.
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Planning Commission Summary – October 16, 2012
23.That portion of the SWPPP with the heading “Responsibility Requirements” shall be
completed in full and submitted to the City and included in the on-site SWPPP at the pre-
construction meeting or otherwise prior to the commencement of earth-disturbing activities.
24.Per Part III. A. 3 of the NPDES permit, a narrative describing the timing and placement of all
erosion prevention and sediment control BMPs must be included in the SWPPP.
25.Those areas to be protected from grading, construction traffic, material stockpiling or other
disturbance shall be clearly labeled on the plans and adequate protection in the form of
fencing with metal T-posts shall be shown on the plans and installed prior to any earth-
disturbing activities. This shall be included as part of the SWPPP.
26.Category 3 erosion control blanket is only required where slopes exceed 3:1. All blankets
shall use natural netting and stitching. Hydraulic soil stabilization would be a preferred
alternative.
27.Erosion stabilization mat shall be placed at the outfall in the intermittent channel. This shall
be classed by shear stress within the channel as described in MnDOT Specification Manual
3888.1.
28.All silt fences shall be standard machine sliced or heavy duty. In no case may preassembled
silt fence be used without approval from the city. This shall be indicated on the plan and in
the legend.
29.The legend shall be included on sheet C6: Erosion and Sediment Control Plan in addition to
sheet C1.
30.The rock construction entrance shall be consistent with section 19-145 in that it must be at
least 75 feet in length unless it can be shown that it is not possible to do so.
31.The swale located southeast of the proposed building shall be stabilized in its entirety.
32.The SWPPP must identify the receiving waters for this project.
33.All City standard detail plates shall be edited so that they are legible.
34.The applicant must receive approval from the United States Army Corps of Engineers prior
to working within the existing intermittent channel and provide proof of approval to the City.
35.Any dewatering needed shall have a plan which shall be included with the SWPPP. This
plan shall be provided to the City and the City shall be notified at least 48 hours prior to
commencement of dewatering activities.
36.Stockpile areas shall be shown on the plan and shall include the anticipated sediment control
practices which will be implemented. These additional quantities shall be added to quantities
currently in the plan.
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Planning Commission Summary – October 16, 2012
37.Encroachment agreements are needed for any structure located in the drainage and utility
easements. This includes but is not limited to the parking lot and light poles located in
drainage and utility easements.
38.The applicant shall work with staff on minor plan modifications.
39.The trash enclosure shall utilize the same exterior materials as the proposed building.
Recycling space and other solid waste collection space should be contained within the same
enclosure.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING:
WYNSONG: REQUEST FOR PRELIMINARY PLAT TO SUBDIVIDE 9.37 ACRES INTO 4
LOTS WITH A VARIANCE FOR A PRIVATE STREET, AND VACATION OF DRAINAGE
AND UTILITY EASEMENTS ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT-
RESIDENTIAL (PUD-R) LOCATED AT 7042 GALPIN BOULEVARD (LOT 1, BLOCK 1, SONG
ADDITION). APPLICANT: STEVE KROISS, GALPIN BLVD. PARTNERS, LLC. OWNER:
CHARLES SONG, PLANNING CASE 2012-16.
Bob Generous presented the staff report on this item. Commissioner Colopoulos clarified that the private
street was an expansion of the existing driveway. Chairman Aller clarified that the request meets and
exceeds minimum city requirements before opening the public hearing. Steve Buska, 7054 Northwood
Court showed photos and explained that he is opposed to this proposal because of the oversized building
pad and the number of trees being removed. Todd Simnig, 2051 Pioneers Drive, the developer and builder
for this project, reviewed the building plans for Lot 3. Chairman Aller closed the public hearing.
Undestad moved, Colopoulos seconded that the Chanhassen Planning Commission recommends the
City Council approve the preliminary plat creating four lots, plans prepared by Otto Associates
dated 09/10/12, with a variance for the use of a private street, subject to the following conditions
and adoption of the attached Findings of Fact and Recommendation:
Building Official Conditions:
1. The developer’s proposed street name, Wynsong Lane, is acceptable and shall be shown on
the final plat of the property.
2. Demolition permits must be obtained before demolishing any structures on the site.
3. A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
4. Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
5. Each lot must be provided with separate sewer and water services.
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Planning Commission Summary – October 16, 2012
Engineering Conditions:
1.The private road must be within a 30-foot wide access and maintenance easement recorded
against all four properties.
2.At the end of the project, the developer must submit documentation stating that the private
road meets a 7-ton design.
3.The developer shall work with the existing homeowner to minimize service disruption during
construction.
4.Lot 1 has paid the sanitary sewer hook-up charge.
5.The sanitary sewer hook-up fees for Lots 2, 3 and 4 will be collected as set forth in the City
Code at the rate in effect at the time.
6.No water hook-up charges are due with this plat.
7.The existing 12-inch drain tile and the proposed 4-inch drain tiles shall be privately owned
and maintained.
8.Should the gas service to the existing home be relocated with this project, the existing service
via Lake Harrison Circle must be cut according to CenterPoint Energy's requirements.
9.Staff will work with the developer's engineer to either realign the wall so that it lies entirely
on one property, or draft an encroachment agreement for the wall, which would be recorded
against both properties.
Environmental Resource Specialist Conditions:
1.The applicant shall custom grade lots and work with staff to try to preserve any of the
following trees currently proposed for removal:
Lot 2: #78, #86, #97, #70
Lot 3: #49, #59, #63, #64, #66
Lot 4: #133, #134, #137, #138, #142, #143
2.Prior to grading, each lot shall install tree protection fencing at the edge of grading limits.
3.Building permit surveys for each lot shall be required to show all inventoried trees within the
grading limits and 10 feet beyond and their removal or preservation status. Tree removal for
each lot shall be approved by the city.
4.The applicant shall work with staff to develop conservation easements to preserve existing
wooded areas on Lots 1, 3 and 4.
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Planning Commission Summary – October 16, 2012
5.Conservation easement signage will be required to be installed by the developer at property
lines and angle points on each lot. Signage shall be approved by the city prior to installation.
Fire Marshal Conditions:
1. A three (3) foot clear space shall be maintained around the circumference of the fire hydrant
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. A street sign shall be installed at the street intersection prior to any new home construction
per MSFC Section 505.2.
4. “ No Parking Fire Lane” signs shall be installed in the hammerhead turnaround. Contact
Chanhassen Fire Marshal for location of signs
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Parks & Recreation Conditions:
1.The developer shall pay park dedication fees at the rate in effect at the time of final plat approval
concurrent with or prior to recording the final plat in lieu of parkland dedication or donation.
Planning Conditions:
1.Revise the front lot line of Lot 1 to meet the 125-foot minimum lot width.
Water Resources Coordinator Conditions:
Surface Water Drainage and Treatment
1.Alternate stormwater management techniques will be allowed for the site. The proposal is to
use enhanced buffers and tree preservation for volume reduction and stormwater
management. Tree preservation areas must be contained within a legally recorded
conservation easement before release of the final plat. The wetland buffer must be included
within a drainage and utility easement or conservation easement.
2.Appropriate signage demarcating the boundary of the conservation easement must be placed
by the applicant before release of the final plat. The signage must be at any point the
easement boundary intersects with a property line, either existing or proposed, and any point
of deflection greater than 10 degrees. At no point may the distance between signs be greater
than 200 feet. Sign placement must be shown on a plan sheet.
3.Stormwater efficacy calculations shall be based upon Carver County Rules Calculator
Version 1.1 or the Minnesota MIDS Calculator Worksheet. This worksheet shall be updated
to reflect the conservation easement area and must exclude any wetland within the easement.
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Planning Commission Summary – October 16, 2012
4.The eastern limit of the conservation easement on proposed Lot 4 shall be as shown in figure
2, protecting a wooded buffer at least 50 feet in width from the eastern wetland boundary and
preserving trees 133, 134, 136 and 140.
Natural Resource Protection
1.All wetland buffers shall meet the requirement codified in Sections 20-411 and 20-412 of
city code.
2.Buffers not meeting the minimum requirements for native vegetation as required by code or
being considered for enhanced buffers for stormwater management will require a vegetation
management plan.
3.Appropriate signage demarcating the boundary of the wetland buffer must be placed by the
applicant before release of the final plat. The signage must be at any point the buffer
boundary intersects with a property line, either existing or proposed, and any point of
deflection greater than 10 degrees. At no point may the distance between signs be greater
than 200 feet. Sign placement must be shown on a plan sheet.
4.Setbacks shall be labeled on the plan set as to if they are setbacks from the OHW of a Public
Water or setbacks from a wetland buffer.
5.All tree protection fencing shall employee metal T-posts.
Erosion and Sediment Control
1.All silt fences shall be machine sliced or heavy duty as defined in part 3886 of the MnDOT
Standard Specifications for Construction 2005 Edition.
2.Those areas to be protected from grading, construction traffic, material stockpiling or other
disturbance shall be clearly labeled on the plans and adequate protection in the form of
fencing with metal T-posts shall be shown on the plans and installed prior to any earth-
disturbing activities. This shall be included as part of the SWPPP.
3.Final stabilization must be shown on the grading plan. The graded areas contiguous to
wetland 1 and wetland 2 must be stabilized with Method 2, 3 or 4 as defined in part 2575 of
the MnDOT Standard Specifications for Construction 2005 Edition.
4.Seed mix or other method of establishing vegetation in disturbed areas shall be called out on
the plan set.
5.A method of establishing native vegetation within the disturbed buffer areas shall be called
out on the plans.
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Planning Commission Summary – October 16, 2012
6.Sediment control best management practices shall be specified on the plan set for both
culverts draining to wetlands. Strong preference shall be given to inlet protection.
7.It shall be the responsibility of the applicant to assure compliance with all other pertinent
regulations and requirements, including, but not limited to NPDES permit requirements for
phased development where the total disturbance associated with the common development
exceeds the minimum threshold.
8.All applicable details shall be included within the plan set. The city can make these available
to the applicant.
Surface Water Management
1.The applicant shall provide the city with an exhibit quantifying those areas within
conservation easement, wetland, and wetland buffer areas so that the fees accurately reflect
the amount of developable land.
2. Based upon the information provided, SWMP fees due at Final Plat are estimated to be
$33,305.60.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary minutes of
the Planning Commission meeting dated October 2, 2012 as presented.
CITY COUNCIL UPDATE.
Kate Aanenson provided updates on City Council action on the Riegert
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Variance request at 620 West 96 Street and Naomi Carlson’s item regarding 6411 Bretton Way.
Colopoulos moved, Undestad seconded to adjourn the meeting. All voted in favor and the motion
carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 8:10
p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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