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CC Minutes 10-22-2012Chanhassen City Council – October 22, 2012 Mayor Furlong: Thank you. Move now to the next items on our agenda. BEEHIVE HOMES, 6330 HAZELTINE BOULEVARD, APPLICANT: TYLER AND KATHRYN STEVENS/PROPERTY OWNER, ROR, INC.: A. CONSIDER CITY CODE AMENDMENTS TO CHAPTER 1, DEFINITION OF CONTINUING CARE RETIREMENT FACILITY; CHAPTER 4, FEES; AND CHAPTER 20, AMENDING THE R-8 MIXED MEDIUM DENSITY RESIDENTIAL DISTRICT. B. CONSIDER APPROVAL OF SITE PLAN FOR THE CONSTRUCTION OF A CONTINUING CARE RETIREMENT FACILITY; REZONING FROM SINGLE FAMILY RESIDENTIAL DISTRICT (RSF) TO MIXED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); PRELIMINARY AND FINAL PLAT APPROVAL FOR THE CONSTRUCTCION OF A SENIOR CARE FACILITY. C. PUBLIC HEARING TO CONSIDER VACATION OF PART OF A DRAINAGE AND UTILITY EASEMENT. (DELETED). D. CONSIDER APPROVAL OF DEVELOPMENT CONTRACT. Mayor Furlong: As I understand, I think staff is going to clarify. The item that related to a public hearing, since this is listed under public hearing, has been removed. Is that correct Ms. Aanenson? Kate Aanenson: That is correct Mayor…there’s actually four action items so number C, vacation has been eliminated and I’ll go through that in the site plan so technically none of these items require a public hearing so I’ll leave that to the council’s discretion if you wanted to take comment. Mayor Furlong: Alright, thank you. Kate Aanenson: I did break out item A which is a code amendment from the other two items that are in front of you tonight so if it’s okay with you I’ll start with the code amendment. Mayor Furlong: That sounds fine, thank you. Kate Aanenson: As you recall we had a discussion with the council and the Planning Commission way back in June where we talked about a potential for some, we had a couple inquiries of senior housing and kind of the group home. We wanted to make sure we had the correct definition because group home has a broader term and we wanted to make sure there wasn’t kind of unintended consequences with that so we did an issue paper that went to the Planning Commission and then you also saw it and redirected the staff to work with the Senior Commission, which we did and from that, working with what some other cities are doing and had the City Attorney review it, we believe we came up with what we think is a unique 12 Chanhassen City Council – October 22, 2012 opportunity for the city when we’ve got an applicant willing to go forward and propose this type of housing in the city and certainly we’ll talk about it in a minute. The appropriate locations for some of those kind of transitional type uses. So for this code amendment to go through where there’s actually a couple other actions that need to go through and one of that is creating a definition for this senior housing. Put it in the district that we want to put it in, the medium density or the R-8 and then create some performance standards and finally adopt a fee based on some extraction for park use. So with that we’ll start with the definition. I think this is where we wanted to make sure we define what constituted a senior, what constituted that group home so we provided that, those terminologies in here. There’s a lot more detail in the staff report but we want to make sure at least 80% of the 65 years or plus and that again the intent of this is that they’re living as a family unit. They each have individual bedrooms and bathrooms but they’re living together as a family and have congregate meals and living. Mayor Furlong: Unrelated persons though, correct? Kate Aanenson: Correct. Correct. Yes, which we have different from group homes which could be some other types of, yeah. So that would be one of the changes. Then the other would be permitted use so we’re looking at in the medium density district we are also stating that we need to create the amendment for the R-8 zoning district permitting that the continuing care is a definition that we’re using for this terminology. And then finally the standards, again licensing. Building height. Parking standards. Number of beds per acre. We had to come up with some of those basis. Again our vision of this type of use is that it be single story. It could be 35 feet. It could be but kind of for the most that we believe would be in these are probably single story or two stories at best. So then finally the fourth component to get this code amendment to go through is we had to look at some park dedication fees. We have a different structure for multi- family. It really didn’t fall in that multi-family category. Again you had elderly people but we wanted some sort of extraction, sidewalks and that sort of thing so we adopted the $500, or what we’re recommending is the $500 per bed and those would be paid with the building permit so that would be Chapter 18, the extraction which is the council’s approval. So with that we are recommending to approve the code amendment which would affect again creating the definition, continuing care and then the permitted uses in the Chapter 20 and also the standards as well as the fees in Chapter 18 so with that I’d be happy to answer any questions that you have. Mayor Furlong: Yeah, let’s start with questions and deal with the ordinance first. Questions for Ms. Aanenson or staff regarding the ordinance changes and the intended purpose. Ms. Aanenson are we seeing, is this a trend with these type of facilities? Are there other cities that are also looking at amending their ordinances? Kate Aanenson: Yes. Actually in working with the city attorney, some of the other cities he’s in, works in, that we are seeing some other cities, we have other inquiries in the city of Chanhassen but other cities are finding the same type of model being employed. Mayor Furlong: What are you seeing from long term…from land uses as well as planning and meeting the needs of our residents that this type of facility provides that other assisted care facilities that currently fit into another. 13 Chanhassen City Council – October 22, 2012 Kate Aanenson: Sure. This is a little bit different in the fact that some of the other ones you have, like the first one we did for senior housing, Centennial Hills is in an apartment style and same with some of the others. The kind of continuum care. This is, because it’s more family style you actually have what’s private is your bedroom and your bathroom. The rest is of it’s more community so it’s a different style. Different from a nursing home where you maybe eat is, you know where you stay in your room. I think the goal here, and you can hear that from the applicant is that it’s more kind of try to get you out of your room and more of a family type setting. As opposed to your own independent living space. Mayor Furlong: Alright. And it’s geared towards senior citizens, is that? Kate Aanenson: Yep. 65 and plus 80% and that was one of the keys that we have because once you put the group home definition, we were trying to find the appropriate zoning. There’s a lot of different things that fall within that group home category and we wanted to make sure where we’re placing these that everybody understands what the intended use would be for that. Mayor Furlong: Okay. And so does the ordinance deal with the age of the residents or not? Kate Aanenson: Yes it does. That was one of the criteria, if I can go back to the first one. It’s why we said it’s 80% to be 65 or plus. Mayor Furlong: Okay, thank you. Kate Aanenson: You can have 2 people, a couple could be in one space so you might have somebody with a different age group within there so. Mayor Furlong: Okay. Okay. Alright. Thank you. Other questions with regard to the ordinance. Do we want to deal with this first and to establish the ordinance before we deal with the project? Particular project that would fall underneath this. Okay, thank you Councilwoman Tjornhom. Any discussion, comments on this? Or would somebody like to make a motion. Councilwoman Ernst: I’ll make a motion. Mayor Furlong: Councilwoman Ernst, thank you. Councilwoman Ernst: I make a motion that we approve a rezoning of property from Single Family Residential District to Mixed. Todd Gerhardt: No. Councilwoman Ernst: Am I on the wrong one? Councilwoman Tjornhom: The ordinance was up here. Kate Aanenson: Oh I’m sorry. 14 Chanhassen City Council – October 22, 2012 Councilman McDonald: Yeah, it’s 4(a). Kate Aanenson: There it is. Councilwoman Ernst: This one? Kate Aanenson: It’s right there. Councilwoman Ernst: Oh sorry. So the whole thing, okay. I make a motion that City Council approve the amendment to Chapter 1, Definitions; Chapter 20, Section 20-652 Permitted Use; and Chapter 20, Articles XXIII, Division 2, Standards; Chapter 18, Fees as stated in the staff report with the adoption of summary ordinance. Mayor Furlong: Thank you. Councilman McDonald: I’ll second. Mayor Furlong: Thank you. The second was much easier on that one than the motion so. Thank you. Any discussion on the motion? I think this is a, I appreciate staff’s effort in looking for a way to accommodate a need that, a growing need in our area and I think across the country which is providing good, quality, high quality places for people to live at different ages as they’re looking to move out of their prior homes so thank you to staff for working with that and others involved. If there’s no other discussion, we’ll proceed with the vote on the motion. Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approve the amendment to Chapter 1, Definitions; Chapter 20, Section 20-652 Permitted Use; and Chapter 20, Articles XXIII, Division 2, Standards; and Chapter 18, Fees as stated in the staff report with the adoption of summary ordinance. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Let’s move on now then Ms. Aanenson with the consideration of the site plan and other aspects. Kate Aanenson: Yes, thank you. Again as we stated earlier there’s no vacation with this and I’ll go through that in a little bit more detail. There’s been revisions from when this went to the Planning Commission and actually when the packet went out so with this action we’re looking at the site plan approval and the development contract and a rezoning so we’ll go through that. The site is, that we’re looking at is located on 41, right here just south of Highway 7. It’s the, to the west of it is a residential area and to the north is commercial, then you have the Minnetonka Middle School West across the street. So as you recall in the 2030 comprehensive plan we spent some time looking at this piece of property and the property to the south, looking at what the appropriate land use would be based on access issues. Clearly it’s a state highway and they regulate, they have jurisdictional control of how we could access the site which was a little bit problematic for the underlying property owners to try to develop as we looked at potentially tying it to the retail to the north but that didn’t work based on grade changes so when we went through the comprehensive plan we actually looked at what should we zone this and we actually 15 Chanhassen City Council – October 22, 2012 changed it to medium density or office, as we thought that would be a good transitional use between the residents and, now that would include the subject parcel we’re on now and the parcel to the south. So really between the commercial, the traffic on Highway 7 and the school across the street. So this site, as we saw in the last application, the medium density, so this was a medium density. What we need to do is fix that medium density to allow this specific continuing care type of use to fit within that so in the staff, in looking at, working with the applicant. Looking for some size we thought this was a really nice transitional piece that would provide the right setting for this type of use. Again you’ve got the new Walgreen’s in close proximity too. So the first thing we’re going to recommend is that we do the residential single family, rezone it. It is consistent with the guiding. The medium density so that would be the first application request. The second is to actually do a subdivision. This is the existing easement which will stay in place but it’s now being platted to a Lot and Block but this entire parcel of the old Reed’s Orchard Ridge. So the existing conditions on the site, there’s, was 2 homes on there. There was an old drive-in on the site. A restaurant. Existing home. There was some rental property. This is an existing drainage way that goes to a city stormwater pond. Again as we mentioned there’s State Highway 41 so where it will be getting access via that. Right-in/right-out. This was the original site plan that went to the Planning Commission. There was again we talked about the vacation that was proposed to that and that has now been changed. So this is the new location of the building so it would be outside the easement and this is the City’s easement. Mayor Furlong: So the blue line is the new location, is that correct? Kate Aanenson: Correct, yeah. So the easement actually falls along so there will be no encroachment into that easement. We did look at the engineering for that to make sure this driveway, one of the concerns was the existing tree. I failed to mention that in the earlier slide but there is an existing oak tree that we are working to preserve so there’s guest parking in the front of the site, and then there’s underground parking here for the staff. Again one of the things that this building has, would have fulltime staff care. Fulltime care so that’s day and night time. One of the issues that we did talk about too was the lighting and a little bit more detail on that. Again we believe this site, based on the transitional uses in the area is very appropriate in scale. The height for this zoning district does allow 35 feet. This is 29 feet and is really nice, articulated residential building. The Planning Commission also thought it was a very nice looking building. I just want to show the materials that are on the, if we can zoom out. Materials that are on the board so again that’s a really nice materials that are shown with the roof and the bricks. Sorry. And so articulation and front canopy entrance pronounced for visitors. Again that guest parking to the front and then so this would be the front entry. Again this would be the area going to the lower level to park and I’ll go over a little bit more detail on that. Oops, thank you. And so this would be again the guest parking area here. The large tree. And then lighting and entrance sign in this location here. Talked about parking already. Guest parking in the front. The majority of the workers then would be underneath and there is some office level in that lower level too. This is the space itself. Just showing you the individual bedrooms and bathrooms and then the community space which would be community kitchen, sunroom, living room, family room area so that’s the communal part. Getting people out of their rooms, otherwise they would just have their individual rooms and bathrooms. Lower level, we talked about that with the parking, offices in the lower level. Just on the far north side. So with this proposal we also looked at the future alignment. This does stop short of Mr. Gowen’s property. 16 Chanhassen City Council – October 22, 2012 He’s located to the south. There is an access here. If sometime in the future it could be connected. It’s not intended to touch Mr. Gowen’s property with this development at this time. Again we always try to plan ahead for those situations to provide that. This is the existing drainage. We showed you that on an earlier slide. This is how it’s being handled today so we need to re-route that with this proposal. Existing stormwater will come along the front of the building. On the back of the building, this again shows the previous design but this, everything on the back of the building and… (There was a break in the taping of the meeting at this point.) Kate Aanenson: Right now? Mayor Furlong: Correct. Currently. Kate Aanenson: Yes. Mayor Furlong: So Mr. Oehme? Paul Oehme: Yep, Mr. Mayor, City Council members. Mayor Furlong: Could you turn your mic, is your mic on? Paul Oehme: Yeah, I believe a portion of the southern property does drain to the north onto this property currently. Mayor Furlong: Okay. And so is any of that proposing to be changed? Paul Oehme: The. Mayor Furlong: This development is not going to stop up that flow or cause a back-up? Paul Oehme: Correct, yeah. The pipes, the pipes, the stormwater pipes that are currently being proposed will be able to capture that runoff from the south property to the north and also it takes into consideration the stormwater that discharges from Highway 41 and the school district. There’s a trunk, storm sewer pipe that’s shown here in green that captures that water and then directs it into the pond. The existing pond. Mayor Furlong: And are the sanitary sewer line and water lines, those are being relocated as a part of this development? Or are they not existing right now? Paul Oehme: They’re non-existent. They’re being extended to this development and then they are also planning to be stubbed to the southern property as well for potential future development of that site. Mayor Furlong: So while the, as I’m looking at this picture the storm water’s flowing north. It’s going from the bottom to the top but the sewer and water services are coming from the north? 17 Chanhassen City Council – October 22, 2012 Paul Oehme: The water is coming from the north, right and then the gravity sanitary sewer line here, I think it’s in red, will, it currently is extended up to about this location so it would just be extended to service the development being proposed and then also stubbed to the south property line as well for future connection to the, to that property. Mayor Furlong: And does the site plan include, I assume a utility easement over those lines. Paul Oehme: Yes it does. Kate Aanenson: Yeah, and just to be clear we’re not, it’s stopping short of that right now. I think that was communicated so those utilities, while they’re being stubbed, they stop short so we’re not grading the neighboring property to the south. Mayor Furlong: Okay. So there should be no disturbance of the southern property. Kate Aanenson: Thank you, that’s correct. Yeah. Mayor Furlong: Okay. Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Yes, Councilman Laufenburger. Councilman Laufenburger: Kate, so the revisions, this document that you left us. Kate Aanenson: Yes. Councilman Laufenburger: The revisions are highlighted. Is the applicant aware of the change in fees? Is that correct? Kate Aanenson: Yes. Actually they’re correct in the development contract and so yes. Councilman Laufenburger: The $15,735. Kate Aanenson: That’s a correct number, yes. Councilman Laufenburger: Okay. Alright. And the only thing that, is this, what we see on the screen, is this the correct cantation of the building or is it the, there. Kate Aanenson: That’s the correct cantation. Councilman Laufenburger: So the blue line represents the correct which means that that portion on the upper right is properly back from the easement, is that correct? Kate Aanenson: That’s correct. So it’s approximately 50 feet from this corner. 18 Chanhassen City Council – October 22, 2012 Councilman Laufenburger: Okay, thank you. Kate Aanenson: To the property line. Councilman Laufenburger: Thank you Mr. Mayor. Mayor Furlong: Thank you. Other questions for staff before the applicant addresses the council. Is the applicant here this evening? If you’d like to come forward. Is there anything that you’d like to share with the council. Tyler Stevens: Yes. Mayor Furlong: If you’d like to come forward. Is there anything that you’d like to share with the council? Tyler Stevens: Yes. Mayor Furlong: Good evening. Tyler Stevens: Good evening Mr. Mayor and council. Mayor Furlong: If you could state your name and address for the record I would appreciate it. Tyler Stevens: My name is Tyler Stevens. My address is 6505 Fox Hollow Court, Chanhassen, Minnesota, 55317. Mayor Furlong: Thank you. Tyler Stevens: I’m here tonight representing BeeHive Homes. Growing up I had the opportunity of living with my grandparents and having my grandparents raise me. Being part of that growing up you know I became aware first hand of what aging really is. The good, the bad, the ugly that go into it. Because of that my wife and I, we started a company 5 years ago called Encore Senior Home Care. We’re in Excelsior and what Encore does is, we go to senior citizen’s homes and provide in-home care. Things like cooking, cleaning, laundry. Help with transportation. Then also personal cares. Toileting, bathing, medication management, that kind of stuff. Over the last 5 years it’s become more and more apparent that one of the main reasons that clients, our current clients and seniors in general tend to stay home is in Minnesota there really only is one option for assisted living. I mean there’s a nursing home, which is one level, flat brick but then in terms of assisted living, people that don’t need nursing homes, the only alternative really right now is a big facility type, institutional based, like a Pres Homes. Ebenezer. You know kind of the big massive developments. And my grandfather lives in one of those. He lives in a senior community, assisted living that he’s one of 450 residents and a lot of people don’t thrive in that environment. At least I know for my personal story, my grandfather doesn’t. One of the, the benefits of building a home like this and really the backbone of wanting to do something like this is it provides an alternative for what the norm is when people think of 19 Chanhassen City Council – October 22, 2012 assisted living. This would be an opportunity for my grandfather and 24 other residents, it’s going to be a max of 25 people that are going to live there but there’s things that you can do in a small, intimate setting that you can’t do in a big facility. You know we can customize you know plans. Day trips. Activities. Lessons. All that kind of stuff. Living in Chanhassen and building this is in Chanhassen, it’s not a coincidence. You know I live here. I believe in Chanhassen and I really genuinely do think this would be an asset to the community. It’s something that not a lot of other communities have and I feel like that would be, other cities would follow. With that I’m here for questions as long as, as well as our engineer is here for civil questions. Mayor Furlong: Okay, Mr. Stevens thank you. Questions of Mr. Stevens. Councilwoman Tjornhom: I don’t have a question. I have a comment. Mayor Furlong: Sure. Councilwoman Tjornhom: …you’re a community for life and yet I think it’s fitting that a couple of weeks ago we did a daycare center and now we’re doing your center and you know I think it really is wonderful that you’re doing this. This is something we’ve lacked in town for a long time so thank you for your efforts in bringing this to us and letting our seniors stay here and be in good care. Tyler Stevens: We’re excited, thank you. Councilwoman Tjornhom: Thank you for that. Mayor Furlong: Thank you. Other questions or comments for the applicant. Very good, thank you. Tyler Stevens: Thanks. Mayor Furlong: There is no public hearing tonight with regard to the drainage and utility easement because of the changes made. I know there was a public hearing held at the council, or excuse me, at the Planning Commission meeting and we have received those minutes. Verbatim minutes of that meeting. I don’t know if there was anything new that anybody would like to comment with regard to the changes here. It seems to me that they’ve been incorporated some changes from the comments made at the Planning Commission meeting til now but if there’s somebody that has new information or comments that they’d like to share I certainly would offer an opportunity for public comment. Okay, seeing none, thank you. Let’s bring it to the council then for discussion. This would be relating to items 4(b) and I think 4(c) we could handle as a single motion, is that correct Ms. Aanenson? Kate Aanenson: That’s correct. Mayor Furlong: Okay. Thank you. Any thoughts or discussion? Councilwoman Tjornhom I think addressed the applicant on this but your comments would be similar as a general comment for the city. 20 Chanhassen City Council – October 22, 2012 Councilwoman Tjornhom: Yeah, no. Absolutely. This is something I’ve thought of for years we lacked in this town and so I can’t thank him enough for providing this opportunity. Thank you. Mayor Furlong: Thank you. Other comments? Or discussion. I would concur and I like, I am, appreciate the Stevens for bringing this forward and working with staff. I know anytime there’s something different, it usually doesn’t go as quickly as when something fits into the ordinance so I know that there was a lot of effort on the part of staff and the applicant and others to make sure that what it sounds like most everybody agrees is needed for the city to make sure that it works and it works well and it fits and that we find a way so that it provides the intended benefit without any unintended consequences as much as we can so I want to just make my comments and say thank you for that. I agree with Councilwoman Tjornhom. I think that this is another aspect and something that we will be seeing more of and it does allow us, as Chanhassen, as she said to be a community for life so thank you for that. Councilman Laufenburger: Just one other comment Mr. Mayor. Mayor Furlong: Certainly. Councilman Laufenburger: Kate, I appreciate your efforts to save that 50 foot oak and perhaps Mr. Stevens can make sure that there’s a bench right beneath that oak for people to ponder their future. Mayor Furlong: With that, is there, would somebody like to make a motion regarding items 4(b) and 4(d) as in David. Item 4(c) has been deleted. Councilwoman Tjornhom: I’ll make that motion. Mayor Furlong: Councilwoman Tjornhom, thank you. Councilwoman Tjornhom: I’d like to make the motion Mr. Mayor that the Chanhassen City Council approves a rezoning of preliminary and final plat with a development contract, revised site plan and the adoption of the attached Findings of Fact as stated in the revised staff report dated October 22, 2012. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Hearing none we’ll proceed with the vote. Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves 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 Home 21 Chanhassen City Council – October 22, 2012 Subdivision contingent upon final plat approval, as shown in plans dated received October 9, 2012, based on the revised plans dated received October 22, 2012 and adoption of the Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves the preliminary and final plat for Planning Case 2012-15 for BeeHive Home 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 $15,735.60. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Tjornhom moved, Councilman McDonald seconded that the City 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, based on the revised plans dated received October 22, 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 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. 22 Chanhassen City Council – October 22, 2012 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, 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. 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. 23 Chanhassen City Council – October 22, 2012 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. 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. 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. 24 Chanhassen City Council – October 22, 2012 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. 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. 25 Chanhassen City Council – October 22, 2012 Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approves the construction plans and specifications dated August 3, 2012, prepared by James R. Hill, Inc. and the development contract dated October 22, 2012 be approved conditioned upon the following: 1.The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit for $183,790.29 and pay a cash fee of $33,024.00. 2.The applicant's engineer shall work with City staff in revising the construction plans to meet City standards. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING TO CONSIDER CERTIFICATION OF DELINQUENT UTILITY ACCOUNTS AND CODE ENFORCEMENT VIOLATIONS. Mayor Furlong: Mr. Sticha, are you ready for item 5? Greg Sticha: Good evening council. Every year as part of the utility billing payment process the City certifies any delinquent utility and/or code violations that have been delinquent throughout the year. Before you this evening are the list of delinquent utility accounts as well as code violations for the year going into this point in time. Just I guess one item to keep in mind, between now and when we have to certify those delinquent amounts to the County, about a quarter to a third of them will be paid so the amount that you see in front of you will be reduced by significant amount between now and certification time. The process before you this evening is to hold the public hearing to allow for comment on any of these delinquencies. The amounts that we see compared to previous years is very consistent. No higher or significantly lower than previous years. Right around the same amount from previous years. There’s no differences between this year’s delinquent certification list and last years so if you have any questions I’d be happy to answer questions about either of the lists that are before you this evening. Mayor Furlong: Thank you. Questions for Mr. Sticha. Mr. Laufenburger. Councilman Laufenburger: You say that about a fourth of these will be paid between now and the end of. Greg Sticha: The end of October, beginning of November. About 25% to a third will probably get paid. Councilman Laufenburger: What causes them to be paid? Greg Sticha: They’ve received numerous delinquent notifications. They will have either heard about this meeting or find out an additional notification that it’s about to be certified to their property taxes and then at that point in time those quarter or a third of people. 26