PC SUM 2003 10 07CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
OCTOBER 7, 2003
Chairman Sacchet called the meeting to order at 7:05 p.m.
MEMBERS PRESENT: Uli Sacchet, Rich Slagle, Kurt Papke, Bethany Tjornhom, Bruce Feik,
and Steve Lillehaug
MEMBERS ABSENT: Craig Claybaugh
STAFF PRESENT: Kate Aanenson, Community Development Director; Sharmeen A1-Jaff,
Senior Planner; Matt Saam, Assistant City Engineer; Justin Miller, Assistant to the City Manager,
and Mak Sweidan, Engineer
APPROVAL OF A PROPOSED MODIFICATION TO THE TAX INCREMENT
FINANCING PLAN FOR THE DOWNTOWN CHANHASSEN TAX INCREMENT
FINANCING DISTRICT, LOCATED WITHIN THE DOWNTOWN CHANHASSEN
REDEVELOPMENT PROJECT AREA, AND THE ADOPTION OF THE TAX
INCREMENT FINANCING PLAN (COLLECTIVELY, THE "MODIFICATIONS AND
PLAN") THEREFORE, PURSUANT TO MINNESOTA STATUTES, 469.090 THROUGH
469.1081 AND SECTIONS 469.174 TO 469.179, ALL INCLUSIVE, AS AMENDED.
Justin Miller presented the staff report on this item. Commissioner Slagle asked for clarification
on the handout and the duration of the extension. Commissioner Papke asked if businesses had a
right to appeal this decision. Commissioner Feik asked if extending this an additional year
impact the comprehensive plan. Justin Miller stated it did not. Chairman Sacchet asked Justin
Miller to explain TIF.
Resolution #2003-01: Lillehaug moved, Feik seconded that the Planning Commission adopt
a resolution stating that the proposed modifications to the Chanhassen downtown TIF
district is consistent with the City of Chanhassen's comprehensive plan. All voted in favor
and the motion carried unanimously with a vote of 6 to 0.
CONSIDER REQUEST FOR REZONING FROM BG, GENERAL BUSINESS TO CBD,
CENTRAL BUSINESS DISTRICT; REPLAT OF LOTS; CONDITIONAL USE PERMIT
FOR MORE THAN ONE BUILDING ON A LOT; SITE PLAN REVIEW WITH
VARIANCES OF APPROXIMATELY 60,000 SQ. FT. INCLUDING CINEMA
EXPANSION, RETAIL AND OFFICES AND VACATION OF DRAINAGE AND
UTILITY EASEMENTS, MARKET STREET STATION, LLP.
Public Present:
Name Address
J. Schmieg Chanhassen
Glenn Baird Chan Cinema
Gary Nystedt MSS, LLC
Dan Engelsma Kraus-Anderson
John Uban DSU, Inc.
Planning Commission Summary - October 7, 2003
Clayton Johnson
Mike Korsh
Jim Lasher
Len Simich
Bloomberg Company
Kraus-Anderson
LSA Design
SW Metro Transit
Kate Aanenson presented the staff report on this item. Commissioner Feik had questions relating
to the landscaping islands, up lighting on the cinema, and signage. Commissioner Slagle asked
for clarification on bus circulation now and in the future, pedestrian circulation, and general
traffic circulation. Commissioner Lillehaug, who was not present at the last meeting, asked for
clarifications regarding the plat drawings, the traffic study, access points into the site, circulation
around the bank and the drive thru. He commented that he did not feel staff and the Planning
Commission had received a complete set of plans for this project. Chairman Sacchet asked about
signage at the drop off area in front of the dance studio, up lighting, and what was going to be
done with the west wall of the cinema that is currently cinder block. John Uban, consulting
planner with the firm of Dahlgren, Shardlow and Uban explained the sidewalk circulation plan,
parking, the paving plan for the parking lot, and options to address the west wall of the cinema.
After discussion by the Planning Commission, the following motion was made.
Feik moved, Papke seconded that the Planning Commission recommends approval of
Market Street Station, LLP, for Site Plan Review ~03-9 with a variance for fenestration on
the Cinema and the pylon sign, Conditional Use Permit #2003-5 for more than one building
on a lot, and Rezoning ~03-03 from General Business to Central Business District as shown
on plans dated August 15, 2003, and September, 2003, based on the findings of the staff
report and subject to the following conditions:
1. Deleted.
2. Submit storm sewer and drainage calculations for staff review before site plan approval.
Prior to final plat approval, a professional civil engineer registered in the State of
Minnesota must sign all plans.
Sanitary sewer and water hookup charges along with the Metropolitan Council's SAC fee
will be due on all of the lots at the time of building permits issuance. All of these charges
are based on the number of SAC units assigned by the Metropolitan Council. The current
2003 sanitary hook up charge is $1,400 per unit, the water hookup charge is $1,876 per
unit, and the SAC fee is $1,275 per unit.
5. On the grading plan:
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Add silt fence Type II around the construction limits.
Show rock construction entrance.
Deleted.
Show a bench mark (mean sea level datum).
Show all existing and proposed easements.
Show existing and proposed property lines.
Deleted.
6. Deleted.
7. Deleted.
Planning Commission Summary - October 7, 2003
8. Deleted.
9. On the utility plan:
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Deleted.
Show the location of the proposed water and sanitary services.
Show the existing sanitary and watermain in profile view within the construction
area.
Deleted.
Deleted.
Add the latest version of City of Chanhassen detail plates #1002, 1004, 1006, 2101, 3101,
3102, 5201, 5203, 5206, 5207, 5214, 5215, 5216, 5300, and 5301.
Submit private easement for the shared storm sewer before building permit issuance.
Seed and mulch or sod the site within two weeks of grading. Submit haul route for city
approval prior to any hauling.
Installation of the private utilities for the site will require permits and inspections through
the City's Building Department.
Construct public utility improvements in accordance with the City's latest edition of
Standard Specifications and Detail Plates.
Submit detailed construction plans and specifications for the public utility improvements
and approved before final platting.
The applicant shall 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 in the amount of
100% of the public improvement cost estimate.
Before building permit issuance, permits from the appropriate regulatory agencies must
be obtained, including but not limited to the MPCA, Department of Health, Watershed
District, MnDot, etc.
Deleted.
New concrete driveway apron, per City detail plate #5207 is required at all the access
points to the site.
Dedicate on the plat a 35 foot wide drainage utility easement over the public utility lines
located in the main drive aisle.
Deleted.
Deleted.
Planning Commission Summary - October 7, 2003
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The applicant may choose from the plant schedule on the landscape plan dated August 15,
2003 only honey locust or red maple as the unifying tree along "main street". Staff
recommends that the applicant choose honey locust as it's unifying tree species.
The applicant shall install two more islands in the parking areas that contain 16 spaces
and 23 spaces that are directly south of the theater and new building.
The applicant shall increase landscape island width to a minimum of 10 feet or install
aeration tubing.
A revised landscape plan shall be submitted for city approval.
Any existing tree shown on the plans will be required to be replaced if it dies.
Street furniture, including benches, planter and bike racks shall be added throughout the
development.
All up lights shall be eliminated from the project.
Removal of one of the monument signs for the bank building along Market Boulevard.
Deleted.
The buildings are required to have an automatic fire extinguishing system.
The plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
A demolition permit must be obtained before beginning demolition of any existing
structures.
Provide an engineered utility plan for review.
The location of property lines, existing and new, will have an impact on the code
requirements for the proposed buildings. The plans as submitted do not have the
information necessary to determine code requirements. Provide a preliminary site plan
indicating the proposed property line configuration so code ramifications can be
determined.
The owner and/or their representative shall meet with the Inspections Division as soon as
possible to discuss property line issues as well as plan review and permit procedures.
Provide and construction waiting areas adjacent to the Frontier Building for drop off and
pick up as shown on the plans dated October 1, 2003.
No parking signage shall be added to the south face or the south side of the Frontier
building and the east side of the Cinema building.
Drop off signage shall be added as well as striping to the drop off area adjacent to the
Frontier building.
Planning Commission Summary - October 7, 2003
41.
Applicant will consider a combination of trellis vines and murals/mosaic on the
exposed cinder block wall west of the cinema.
42. Remove all abandoned utilities on the site.
All voted in favor, except Slagle who opposed, and the motion carried with a vote of 5 to 1.
Commissioner Slagle voted in opposition to the motion because he was in favor of the proposed
up lighting. Chairman Sacchet summarized that the Planning Commission was in support of this
project. They felt it was an excellent plan. There were concerns about the bus circulation but
they believe the situation has been studied and an equitable solution has been found for the time
being, with eventually a good solution with phases. There was some disagreements among the
Planning Commission as to whether the additional second monument sign should be allowed or
not. Some thought it should be allowed but accepted in the motion that it would not be allowed.
There was also some disagreements about the up lighting. Some thought it would be okay and
some thought it was not okay.
CONSIDER REQUEST FOR PRELIMINARY PLATS TO REPLAT 3.63 ACRES INTO 7
SINGLE FAMILY LOTS WITH VARIANCES, AND A WETLAND ALTERATION
PERMIT, LOCATED AT THE SOUTHWEST INTERSECTION OF LAKE LUCY ROAD
AND POWERS BOULEVARD, BURLWOOD ADDITION, EPIC DEVELOPMENT, LLC.
Public Present:
Name Address
Perry Ryan Excelsior
Rich Rogatz Minneapolis
Russell Kohman 6730 Powers Boulevard
Michael Cuccia 6722 Powers Boulevard
Robert Martinka 6650 Powers Boulevard
Larry Kerber 6420 Powers Boulevard
David Smith 6724 Powers Boulevard
Sharmeen AI-Jaff and Matt Saam presented the staff report on this item. Commissioner Slagle
asked how many more lots could be subdivided in the area and asked for clarification on the cul-
de-sac extension to the south. Commissioner Papke asked for clarification on condition number
40 relating to the extension of the cul-de-sac. Commissioner Feik asked who would be paying for
the extension of the cul-de-sac and clarification on the underground retention system.
Commissioner Tjornhom stated she was interested to hear from the residents who will potentially
be assessed for the construction of a cul-de-sac they don't want. Commissioner Lillehaug asked
for clarification on conditions in the staff report. He felt the Planning Commission should be
educated on underground retention systems before approving it. Chairman Sacchet asked for
clarification on the length of the cul-de-sac and the need to construct the entire length now, tree
preservation percentages, and custom grading to help with tree preservation. Commissioner
Slagle asked about who pays for the extension of the cul-de-sac into the Golden Glow
subdivision. Rich Ragatz with Epic Development spoke as the developer and clarified questions
brought up by the commission relating to the extension of the cul-de-sac. If the cul-de-sac was
not extended, the Martinka's and other properties would not be able to further subdivide. He
requested the land between the cul-de-sac and Powers Boulevard be added to this application.
Staff stated they did not have the information to act on that tonight. Rich Ragatz stated he has
Planning Commission Summary - October 7, 2003
had meetings with the Christensen's and Martinka's to work out relinquishing of the easement.
He also stated he would pay for installation of the cul-de-sac to the south. In exchange he was
asking that the Planning Commission consider a variance to the lot size to create 3 lots as
opposed to 2 lots in a portion of the site. Commissioner Lillehaug asked if the applicant knows
of any problems with rodents with the underground retention system. Perry Ryan, Ryan
Engineering, Excelsior, Minnesota addressed that question for the applicant. Chairman Sacchet
stated this was not a public hearing but invited the public to speak. Russ Kohman talked about
the Infanger's property being landlocked and stated he doesn't intend to sell his property at this
time. Mike Cuccia stated he and his neighbors are opposed to the cul-de-sac and since most of
the neighbors are new since 1995 when Option E was discussed, they should have their say but he
was in favor of the developer Ragatz funding the road and not assessing the neighbors at this
time. Bob Martinka, 6650 Powers Boulevard stated he would like to express his support for the 8
lot proposal as shown, with or without the cul-de-sac and explained the points of discussion he
has had with the developer. David Smith stated he was not in favor of the cul-de-sac installation.
There was also discussion on the access and visibility onto Powers Boulevard. Commissioners
had discussion and then made the following motion.
Slagle moved, Lillehaug seconded that the Planning Commission recommends approval of
the preliminary plat for Subdivision ~03-12 for Burlwood Addition for 7 lots and two
outlots with variances to allow a private street and a 50 foot right-of-way as shown on the
plans received September 29, 2003, subject to the following conditions:
The applicant shall revise the landscape plan to show a minimum of 51 trees to be
planted.
A minimum of three deciduous, overstory trees shall be required in the front yard of each
lot.
3. No more than one-third of the required trees may be from any one species.
Tree preservation fence shall be installed at the edge of the grading limits on Lots 1-4 and
6, Block 1 prior to any grading.
5. All transplanted evergreens must be warranted for two growing seasons.
6. A revised landscape plan must be submitted to the city before final approval.
In lieu of any public improvements, a park dedication charge of $19,200 will be
applicable at the time of platting.
8. Show all of the proposed and existing easements on the preliminary plat.
9. On the grading plan:
Add a rock construction entrance per City Detail Plate No. 5301.
Revise the grading on the east side of Lot 6, Block 1 to prevent trapping water
near the house pads.
Show new ditch grades in the areas where driveways will be removed.
Show the proposed contours for the berms along Powers Boulevard.
Show all existing and proposed easements.
Add a benchmark to the plan.
Planning Commission Summary - October 7, 2003
10. On the utility plan:
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Show all proposed and existing utility easements.
Show all existing utilities and services in the area. Also, call out the pipe type,
manhole numbers, and rim/invert elevations for all existing and proposed utilities.
Add street lights at the intersection of Powers and the new street.
All of the existing driveway entrances to the property from Powers Boulevard must be
removed during construction.
A driveway culvert is required under the proposed street entrance to the site. A Carver
County permit will also be required.
An outlet control structure is required for the proposed pond per City Detail Plat No.
3109. Also, install a storm sewer line from the pond outlet to Lake Lucy Road and west,
approximately 350 feet to an existing storm sewer line in Mulberry Circle.
Revise all slopes that exceed 3:1 or install a retaining wall.
Deleted.
All final construction plans must be signed by a professional engineer registered in the
State of Minnesota.
Any work outside of the subject property or right-of-way will require temporary
easements.
Seed and mulch or sod the site within two weeks of grading completion. If dirt is
required to be brought into or out of the site, provide a haul route for review and approval.
The applicant has submitted drainage calculations for the site; however, additional
information is still needed. Staff will work with the applicant's engineer to revise the
calculations. Prior to final platting, storm sewer design data will need to be submitted for
staff review. The storm sewer will have to be designed for a 10 year, 24 hour storm
event.
Draintile will be required in back of the curb on the public street.
Installation of the private utilities for the site will require permits and inspections through
the City's Building Department.
Public utility improvements will be required to be constructed in accordance with the
City's latest edition of Standard Specifications and Detail Plates. Detailed construction
plans and specifications will be required at the time of final platting. The applicant will
also be required to enter into a development contract with the City and supply the
necessary financial security in the form of a letter of credit or cash escrow to guarantee
installation of the improvements and the conditions of final plat approval. Permits from
the appropriate regulatory agencies must be obtained, including but not limited to the
MPCA, Department of Health, Watershed District, Carver County, etc.
Planning Commission Summary - October 7, 2003
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The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet
above the HWL of the proposed pond.
Private easements are required for the existing and proposed services to neighboring
parcels that are outside of the right-of-way.
A 30 foot wide private driveway easement is required for the private drive which serves
Lots 1-4, Block 1. In addition, the driveway must be constructed to a 7 ton design. The
developer will be required to provide inspection reports verifying this.
Deleted.
Vacate the existing public utility easement in the area of the new street.
Additional information and detail must be added to the plans to show how the stormwater
from the temporary cul-de-sac will be handled.
A public drainage and utility easement is required over the proposed pond.
A watermain and sanitary sewer lateral connection charge will be due for Lot 6, Block 1
at the time of building permit issuance. The current 2003 connection charge for water and
sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met
Council's SAC fee will be due on all of the lots at the time of building permit issuance.
All of these charges are based on the number of SAC units assigned by the Met Council.
The current 2003 sanitary hookup charge is $1,440 per unit, the water hookup charge is
$1,876 per unit and the SAC fee is $1,275 per unit.
A financial security must be supplied to the City to cover the cost of the future street
extension and removal of the existing private street to the south.
Additional right-of-way will need to be platted to achieve a total of 40 feet from the
center line of Lake Lucy Road.
The existing gravel driveway to the neighboring parcels must be maintained until the new
street is graded in and curb is installed.
A storm sewer stub must be extended to the south to handle drainage from the future cul-
de-sac, just south of the site.
The damaged portion of the existing storm line that goes through Lot 1, Block 2 must be
replaced and connected with the proposed street storm sewer.
The proposed watermain must be extended to the south property line for future looping
purposes.
Sanitary and water services shall be extended to the west property line for future
development of the neighboring parcels.
The developer is required to pave the portion of the existing neighbor's driveways that are
within the subject property as per city ordinance. A private driveway easement will also
be required for the shared portion of the driveway. In addition, any shared portion of the
Planning Commission Summary - October 7, 2003
39.
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driveway must be constructed to a 7 ton design. The developer is required to provide
inspection reports verifying this.
A minimum 20 foot wide public drainage and utility easement is required over the
existing ditch/drainage way on the Martinka property.
The entire public street and cul-de-sac must be installed with this project into the Golden
Glow Acres right-of-way.
Building official conditions:
Final grading plans and soil reports must be submitted to the Inspections Division
before building permits will be issued.
Each lot must be provided with a separate sewer and water service.
Demolition permit must be obtained before demolishing any structures.
The homes located at 6648 and 6650 Powers Boulevard will require address
changes as they will be accessed from a different street.
Fire Marshal conditions:
A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps,
trees, shrubs, bushes, Qwest, Excel Energy, cable TV and transformer boxes.
This is to ensure that fire hydrants can be quickly located and safely operated by
firefighters. Pursuant to Chanhassen City Ordinance//9-1.
Dead end fire apparatus access roads in excess of 150 feet in length shall be
provided with an approved area for turning around fire apparatus. Submit turn
around dimensions to City Engineer and Fire Marshal for review and approval.
Exception: Fire Marshal is authorized to increase the dimension of 150 feet
where 1) the buildings are equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or
903.3.1.3 of the Fire Code.
Block 1 and 2, Streets will be required to have street names. Submit names to
Chanhassen Building Official and Fire Marshal for review and approval.
No burning permits will be issued for trees/shrubs disposal. Any trees removed
must be removed or chipped on site.
Three additional fire hydrants will be required: one at the intersection of Lake
Lucy and the driveway serving Block 1, one at the end of Block 1, Lot 4 near the
emergency turn-around, and the third one must be installed near the temporary
turn around proposed for Block 2. Contact Chanhassen Fire Marshal and City
Engineer for exact location of required fire hydrants.
Approval of subdivision 03-12 shall be contingent upon approval of the Wetland
Alteration Permit #03-1.
Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420). The applicant shall have an approved wetland replacement
plan prior to wetland impacts occurring.
The applicant shall work with staff and downstream property owners to address storm
water issues in this area prior to the development of Lot 1, Block 2 and the extension of
the proposed street to Golden Glow Court.
Planning Commission Summary - October 7, 2003
46.
Based on preliminary estimates, the water quality fees for the development are $4,906 and
the water quantity fees are approximately $12,139. AT this time, the estimated total
SWMP fee, due payable to the City at the time of final plat recording is $17,045.00.
47.
The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g. Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control
Agency) and comply with their conditions of approval.
48. Outlots A and B shall be deeded to the City to facilitate flexibility in future road
alignment.
49.
The applicant has agreed to pay all costs associated with the extension of the cul-de-
sac into the Golden Glow right-of-way.
50.
this approval is subject to obtaining and verifying that the full width right-of-way
needed for a standard roadway is on the Martinka property.
51. All lots shall be custom graded.
All voted in favor, except Feik who opposed, and the motion carried with a vote of 5 to 1.
Commissioner Feik's reason for his negative vote is that he's in favor of the development as a
whole and doesn't think the applicant should have to pay for the extension of the cul-de-sac to the
south. Chairman Sacchet summarized that the Planning Commission struggled with this
application based on the agreement that was given 8 years ago for the development of that area
where this southern most part was developed and subdivided. They had pretty clear agreement
amongst the commission that if this came in now it would be considered premature. They believe
this created a hardship, a problem for what the situation is now and an effort to mitigate this type
of situation not being further perpetuated. Most of the commissioners believed that there is a
relatively generous situation in front of them with the current developer proposing to pay for the
construction of the southerly cul-de-sac and at least some of the neighbors to the south are okay
with it. However, neighbors to the south made very clear that they don't necessarily care for that
cul-de-sac but they'd rather have it come in now and not have to pay for it than have it come back
at an unspecified time in the future, 5-10 years from now and have to pay for it. Commissioner
Lillehaug wanted to clarify that the Planning Commission's vote did not include consideration of
future subdivision of 3 lots versus 2 lots.
Lillehaug moved, Feik seconded that the Planning Commission recommends approval of
Wetland Alteration Permit ~)3-1 as shown in the plans dated received August 15, 2003 with
the following conditions:
Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420). The applicant shall have an approved wetland replacement
plan prior to wetland impacts occurring.
The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g. Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control
Agency) and comply with their conditions of approval.
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Planning Commission Summary - October 7, 2003
3. Approval of Wetland Alteration Permit #03-1 shall be contingent upon approval of
Subdivision #03-12.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
APPROVAL OF MINUTES: Commissioner Slagle noted the verbatim and summary Minutes
of the Planning Commission meeting dated September 16, 2003 as presented.
Chairman Sacchet adjourned the Planning Commission meeting at 9:45 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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