Loading...
CC Minutes 08-12-2013Chanhassen City Council – August 12, 2013 there are other comments I would certainly entertain a motion. Mr. McDonald, since you were leaning forward. Councilman McDonald: I make a motion that the Chanhassen City Council approves a 5.8% hard cover variance to permit the construction of a single family home subject to the conditions of the staff report and adoption of the Chanhassen Board of Appeals and Adjustments Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on that motion? Hearing none we’ll proceed with the vote. Councilman McDonald moved, Councilwoman Tjornhom seconded that the Chanhassen City Council approves a 5.8 percent hardcover variance to permit the construction of a single family home subject to the following conditions and adoption of the Chanhassen Board of Appeals and Adjustments Findings of Fact: 1. The builder shall provide a tree survey as part of the building permit process. The builder shall try to preserve the trees at the perimeter of the property. 2. The building shall be limited to the split level house design. 3. The builder shall apply for a building permit and meet all requirements of said permit. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everyone. Appreciate your understanding. BLUFF CREEK COTTAGES, NORTH OF PIONEER TRAIL AND WEST OF BLUFF CREEK BOULEVARD, APPLICANT: CHESTNUT GROUP, LLC/OWNER: JOHN KLINGELHUTZ: REQUEST TO REZONE 8.9 ACRES FROM AGRICULTURAL ESTATE DISTRICT (A-2) TO MIXED MEDIUM DENSITY RESIDENTIAL (R-8); SITE PLAN REVIEW WITH VARIANCES FOR THE CONSTRUCTION OF A SENIOR HOUSING FACILITY; CONDITIONAL USE PERMIT TO ALLOW DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT; AND A RESOLUTION APPROVING REMOVAL OF THE SITE FROM THE RURAL SERVICE AREA. Kate Aanenson: Thank you Mayor, members of the City Council. This request did appear before the th Planning Commission on July 16. Whoops. Got the wrong project up. Sorry. It’s located off of Pioneer Trail. This is a property that, it was impacted by the 212 interchange. At one time before the design build came forward with the 212 there was potentially proposed an interchange at this location of the confluence of Pioneer Trail and actually the new Pioneer Pass Road, Bluff Creek Road going into Pioneer Pass. So part of this property shown here will eventually be vacated and that would be this area right in here so it’s a little, and we have steep slopes on the back side as we go towards Liberty on Bluff Creek so this site, while it was given medium density, it’s kind of topographically separated from the rest of the city. The land use on, the current land use and zoning on this property is medium density but it’s zoned agricultural so surrounding it, as I mentioned we have the Liberty on Bluff Creek which is also PUD Medium Density. We have a neighborhood from Chaska that’s immediately to the west of this property, and then the new park for Pioneer Pass and the Pioneer Pass subdivision. Again then eventually 14 Chanhassen City Council – August 12, 2013 the right-of-way for the 212 will be vacated as MnDOT moves through that process. So this request is for the rezoning from A-2 to R-8, consistent with the guiding of the property. A site plan approval for a care retirement facility, and a conditional use permit for grading within the Bluff Creek. So the rezoning is actually approximately 8.9 acres. So again the zoning on the property, as we just talked about, would go then to medium density consistent with the Comprehensive Plan. The site plan does not take up a lot of the property. It is actually kind of centered in the site itself and the building itself would be a 24 unit senior care facility. This would be very similar to what we did. We created the definition for the Beehive project that’s currently under construction on Highway 41 so similar kind of setting where we found this kind of transitional use where we were kind of blending between a high density, low density, kind of a nice combination of where we have limited access. Again the one on 41, the issue there was until we get the property to the south developed we needed something with low turning movements coming in and out of that property. So this site again leads well to this type of use so again 24 beds. We created that definition. Fitting in the, it has to be a medium density zoning district, what this is, and excuse me one story, yeah. And the total site coverage is very low so for the entire parcel. Now one of the questions that was raised from the neighborhood, could another facility be built on this? Potentially. Again that would be depending on the vacation of the right-of-way and the timing of that and utilities to the site. Again access would be off of Pioneer Trail and that was another one of the issues. Going back to the siting of this property, you have an access going in to Pioneer Pass via Bluff Creek so there’s some turning movements there so with the limited access required for this, because of senior care facilities, it really is a good use for this type of a location. So this is the building itself located on the site. It’s a high quality materials, and I do have the material board here if we can just look at that for a second. So high quality materials. Compliment Sharmeen Al-Jaff on our staff who worked with the applicant to kind of improve the look of the building. Some of the pitches and some of the materials on the site so it’d be similar to what we’ve got, kind of the prototype that we set with the Beehive standard. So the cultured stone at the entry and that sort of thing so we believe it’s very well designed. One of the issues that was brought up with the neighbors was the location of the building from that one house that’s in Chaska so that would be the closest house on the Chaska site, and that is actually the first floor elevation is about 912. This would be at 913 so they’re actually pretty similar in elevation so it’s a big change in character for that neighborhood. You’re going across the pond there so it’s actually about 300 feet across so there’s a pretty good separation between the units. I guess that was one of the issues, if we go back to when we did the Centennial Hills, that neighborhood. Same kind of issue. We’ve got about 300 foot separation and with the growth and maturity of the trees over time, the look that they would have again would diminish. The visual impact. This property is in the Bluff Creek corridor and so it does require a conditional use for grading. We talked about some of the grading that will have to go on in this so it’s just grading and the secondary district, not the primary district so it’s the first 20 feet that would then require a buffer. One of the other issues that was brought up by the neighbors was the sewer connection. I’ll go back to a little bit different drawing so the sewer connection, when we looked at this, the city engineer, myself talking to the applicant, you could come in from the north, which would actually be off of Liberty on Bluff Creek but you have to come through, there’s a pretty steep ravine coming across so actually the City of Chaska has the capacity to service this site so that would be the City’s water, which would come down along Pioneer Trail which we have access to, but the sewer would actually come through Chaska so we’re working on the agreement with that. The neighbors were concerned about that lift station, the capacity of that. We believe in talking to their city engineer, that’s been resolved but we’re going to form a letter from them before this site plan is executed and make sure that’s all put in place. The residents in Chaska were concerned about that, if the lift station had that capacity so we’ll get a final report on that, but with that the staff is recommending approval of this application and finally there is, this area is in the rural service district so there’s an additional motion that did not appear before the Planning Commission but that would be taking this property out of the rural service district as it’s being developed, so with that I’d be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff. Mr. McDonald. 15 Chanhassen City Council – August 12, 2013 Councilman McDonald: Can you go back and explain to me about how you gain entry to the property because if that’s the property line then that means they’re going across what to be able to get to the property? Could you go back through that because you said something about the State owns the right-of- way. Kate Aanenson: Yep. Yeah, so this piece of property, this is the excess right-of-way that MnDOT still has because this was intended before we did the design build, intended and purchased, intended for an interchange at this location. That was eliminated so this is still an excess right-of-way so they will get, just like we did over here to get to Pioneer Pass, Bluff Creek Drive, we constructed this road through the MnDOT right-of-way and that will also happen here so I’ll be working with MnDOT to secure the location of that driveway. So this is the separation that we were concerned about. Just making sure we had enough space between the Bluff Creek Drive going into Pioneer Pass. This is the new park and then making sure we’ve got enough separation there so looking at the uses, and could it have been, at 8 units an acre it could have been a lot different product but again I know I was challenged a little bit about this by the Planning Commission. We don’t typically like to put senior housing kind of isolated away from other services, but it’s actually kind of a good transition use so we felt good about that. That location of that use there. Councilman McDonald: Now when we built the property up on 41, I know that we discussed traffic coming in and out and wasn’t that because of the use of this home. I mean you’re not looking at a lot of single family cars and those things. It was more buses and kind of mass transit. Maybe families coming to visit every so often so it’s not a lot of traffic as I recall. Kate Aanenson: No. The number of employees is in the staff report. They have you know the major shift at 3 employees. They have 15 parking spaces but again it’s nominal as far as there’ll be service deliveries and the like but it wouldn’t be anything like you would have for, if we had 8 units an acre in there on the 8 buildable acres so it’s significantly less and that was one of the concerns that the city engineer had regarding turning movements on that when you’ve got another major corridor, Bluff Creek going up. That would be conflicting turning movements with the spacing requirements. Councilman McDonald: Okay, thank you. No more. Mayor Furlong: Thank you. Other questions. Councilman Laufenburger. Councilman Laufenburger: Kate, can you talk a little bit about water and sewer again with this picture up here? Kate Aanenson: Sure. Yeah. Councilman Laufenburger: Did you say that the water would come from the north to the south and the sewer would come along Bluff Creek Boulevard? Kate Aanenson: Sure. The water is in Bluff Creek Drive so it’s going to be coming across Bluff Creek Boulevard. Bluff Creek Drive, sorry. Bluff Creek Drive so it’d be coming over here. Councilman Laufenburger: Water in. Kate Aanenson: Water, it’s coming this way. Councilman Laufenburger: And that’s Chanhassen. 16 Chanhassen City Council – August 12, 2013 Kate Aanenson: Correct. The sewer would have to come this way so rather than you know coming through this area, and this isn’t showing topography but it’s very steep through here coming through Liberty on Bluff Creek because the sewer is up there. That it’s coming from Chaska this way. Councilman Laufenburger: Okay, so just back up you said to come from, for Chanhassen to service the sewer it would have to come from the northwest. Kate Aanenson: That’s correct. Councilman Laufenburger: Okay. Kate Aanenson: Quite a ways and some environmental, yep. Councilman Laufenburger: But so what you’re saying here is that Chaska, you’re in discussions with Chaska for Chaska to take the sewer. Kate Aanenson: Yes. Councilman Laufenburger: And of course they would be compensated by the developer for that, is that correct? Kate Aanenson: Correct, yep. Councilman Laufenburger: Okay. Does that pose any problems for water to come from us, sewer to go from, I mean clean water comes from Chanhassen and gray water goes to Chaska. Kate Aanenson: Yeah. Councilman Laufenburger: Is that okay? Kate Aanenson: Something like that. I’ll let Paul address that but again I just want to reiterate some of the neighbors in this area were concerned about that lift station and they, the City of Chaska has upgraded that so that’s what we’re waiting to get the verification so, make sure that can be resolved. I’ll let Paul answer that question. Paul Oehme: Sure, Councilman Laufenburger. We have agreements with other communities for services similar to this so on billing purposes it shouldn’t be very much of a problem. Councilman Laufenburger: Okay. Alright. Kate Aanenson: As long as you’re on this slide, I think I’d like to show you again kind of, it’s illustratively I think it might be easier to see. This is the house where that, the elevation would be about 912 and then this building would be 913 so you’re kind of looking across this wetland here. So again it’s about 300 feet between the house and then the building. Mayor Furlong: Thank you. Other questions? Ms. Aanenson, the intended use here or the proposal is for the senior living. Kate Aanenson: Correct. 17 Chanhassen City Council – August 12, 2013 Mayor Furlong: Correct. What, are there other possible uses for this property if it’s built? Kate Aanenson: Yes. Mayor Furlong: The way it is proposed. Kate Aanenson: If the senior housing went away? Mayor Furlong: (Yes). Kate Aanenson: Yes. It is guided for medium density, which would allow up to 8 units an acre so it could be, it could be an apartment at that. It could be a townhouse at that. It could come in in some other format. Mayor Furlong: But if there was a different, instead of seniors, is it possible for just 24 adults to live there? Kate Aanenson: Yes. Oh in that, no. Actually that’s what we put together in that senior ordinance that we did, that is limited to seniors. Mayor Furlong: Okay. Kate Aanenson: They would have to come back and amend that, and we spent a lot of time drafting that ordinance last summer. Working with the attorney’s office on that and then, so we also figured a way to get some impact fee on that too so I think the definition that we’ve got is clearly intended to be seniors. I think that came up when we were concerned about it, it might become some other type of group home, halfway house, something like that so we’ve got that, they would have to come back and request that. Mayor Furlong: So our ordinance provides the City to insure that the intended use as is being presented here tonight would be the use. Kate Aanenson: Yep. Yeah, we define what a senior was and the like. Mayor Furlong: Alright. Thank you. Any other questions for staff at this time? Is the applicant or their representative here? Any comments you’d like to make? Dave Pokorney: Hello, my name’s Dave Pokorney of 1403 Valley View Road, Chaska. Mayor Furlong: Welcome. Dave Pokorney: Yes, and I do represent Community Asset Development who is the development team on this project. Mayor Furlong: Okay. Dave Pokorney: First I’ll say of the, I don’t know it’s like 48 conditions. I think it’s the longest list of conditions I’ve ever seen but we do, we’re in agreement with all of them. Mayor Furlong: Oh really? 18 Chanhassen City Council – August 12, 2013 Dave Pokorney: Yeah. Did a good job with conditions. Relative to the sewer, we’ve had discussions with Chaska about this. They’re now in the process, they’re going to do a study basically to calculate what number of units. I don’t think they’re really that concerned about 24. They’re concerned if it ever got bigger. From our standpoint and the ultimate users, which would be the Chestnut Group who would own the building, it’s probably, we don’t see us expanding on the site. With senior assisted memory care kind of facilities, this size of having 24, or more than 24 at a single location really doesn’t make economic sense so it’s unlikely. I’m not saying that it would never happen but it’s unlikely so we’re not really too concerned about the sewer issue. We think we can work that out. If we had to, if it couldn’t work then we recognize, you know it’d have to go to the north. We think there’s a lot of environmental issues with that. It probably means you have to directional bore it and we’ve looked at it. It’s feasible. It’s just, even directional boring could cause some issues given the slopes that are there. Relative to the neighborhood, we did have a neighborhood meeting. I think generally we had a very positive response. You know this is, as I said at the Planning Commission, I was glad that it did not have to come before the Planning Commission and try to seek some of the other uses that were proposed on the site. I mean you know if this was, back when townhouses were a hot product, you could have seen somebody wanting to put something like that here. That can fit. It had some real grade issues. It had some sight line issues were really problematic with that so we really think this is a great use for this site but relative to sight lines today, if that building was there today and you were in one of homes to the west, you couldn’t see it. I mean the trees are high enough that they would block that. But I have been there in the winter and during the winter you see right through the trees so this unit will be visible from the homes on the west during the winter times and there really isn’t anything to affect that because they’re both basically at the same grades. And the 912 elevation, we had looked, that was actually the average elevation of all the, there were half a dozen houses. They’re all basically at the same elevation. So we tried to build a unit that is very residential in character and quite frankly that’s for our own marketing. These types of units where people have, seniors that have some of the memory care issues. You want to make them simple and low key and feel like they’re living at home and so we want to avoid actually the larger type of multiple living units. 24 is really kind of a maximum and we try to keep it as simple of a place as we could create so we’re excited about the project. We would hope if it’s approved to begin construction yet this fall and with a completion sometime next year. We do have a number of other permits that we need to resolve. We need to get the County permit. By the way it does appear that the County permit will deal with MnDOT’s right-of-way. They have been having discussions. We’ve had discussions with the County. We know just what we need to do now for that permit and we need to resolve the Chaska issue also. But we think that all can get done and by mid-September we can be under construction. Mayor Furlong: Thank you. Any questions for Mr. Pokorney? Mr. Laufenburger. Councilman Laufenburger: Just one Mr. Pokorney. Have you, is your, the CAD. Dave Pokorney: Community Asset Development Group. Councilman Laufenburger: Yes. Have you developed other units or other properties like this? Dave Pokorney: Yes. Councilman Laufenburger: Can you talk about where? Dave Pokorney: We have done, let’s see we have completed one in the city of Mountain Lake, Minnesota. That’s actually very similar except there the, it’s really more focused on not people with memory care issues so it’s a little larger units. We’re under construction with one in Winthrop, Minnesota and we were involved as a development consultant for Auburn Manor. They built a facility in Waconia that opened about a year ago. 19 Chanhassen City Council – August 12, 2013 Councilman Laufenburger: Okay, so you have some experience with this. Thank you Dave. Dave Pokorney: Plus I’m getting old. Councilman Laufenburger: You’re building your retirement home. Dave Pokorney: Right. Councilman Laufenburger: Thanks Dave. Mayor Furlong: Thank you. Any follow up questions for staff? If not, thoughts and discussion from members of the council. Councilwoman Tjornhom: I’ll just start by saying. Mayor Furlong: Please. Councilwoman Tjornhom: I think this is a good development. I think I was reading, some of the criteria’s for choosing us to be one of the fourth best cities was the fact that we were involving our youth and we were also trying to take care of our older residents as far as residential living facilities so I think this is a good example of that so thank you for this. I know we’ve had several members from our senior commission talk about this. This is a real issue in town and so I’m glad you’re coming in and so I will be voting yes on this issue. Mayor Furlong: Thank you. Other thoughts? Comments. Councilwoman Ernst. Councilwoman Ernst: Yeah I think this will be a great addition to the city so I will support this project. Mayor Furlong: Thank you. Anything else? No? It seems to be a good use of the property. A good fit. Understand the concerns of the neighbors to the west but clearly from the alternatives of what could be there and the use, I think it makes a lot of sense and it provides another housing need. Another housing opportunity for our residents as was mentioned by Councilwoman Tjornhom so I think it’s a very good project and thank you for bringing it forward, and for all involved with this and staff and others for bringing the project to us this evening. With that if there are no other comments, would somebody like to make a motion? Councilwoman Ernst: Sure. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I make a motion that we approve a rezoning of property from Agricultural Estate District (A-2) to Mixed Medium Density Residential District (R-8), Site Plan approval for construction of a continuing care retirement facility, Bluff Creek Cottages, Conditional Use Permit to allow development within the Bluff Creek Overlay District and adopt a resolution removing this parcel from Rural Service District subject to the conditions of approval and adoption of the attached Findings of Fact and Recommendation. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: Second. 20 Chanhassen City Council – August 12, 2013 Mayor Furlong: Motion’s been made and seconded. Any discussion? Hearing none we’ll proceed with the vote. Planning Case #2013- Councilwoman Ernst moved, Councilman McDonald seconded to approve 08 to rezone 8.9 acres of property zoned A2, Agricultural Estate District, to R-8, Mixed Medium-Density Residential Bluff Creek Cottages contingent upon site plan approval, as shown in plans dated received June 14, 2013, and adoption of the Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. the conditional use Councilwoman Ernst moved, Councilman McDonald seconded to approve permit for Planning Case 2013-08 for Bluff Creek Cottages as shown in plans dated received June 14, 2013, and including the attached Findings of Fact and Recommendation, subject to the following conditions: 1.The plans are amended to read “Assumed wetland boundary – area not delineated per 1987 Corps Manual.” 2.The 894’ contour is the assumed wetland boundary for purposes of determining buffer and setbacks. 3.Wetland buffer shall be shown to measure twenty (20) feet as is consistent with a Manage 2 wetland. The setback from this buffer shall then be thirty (30) feet. 4.That portion of the property containing the Bluff Creek Primary Zone and the tributary to Bluff Creek is dedicated to the city as per discussion with applicant and city staff. 5.The applicant must apply for and receive a NPDES construction permit prior to any earth-disturbing activity. 6.The applicant must prepare a SWPPP consistent with the NPDES construction permit requirements (Part III) and submit this SWPPP to the city for review and comment. 7.The construction of the bioretention area shall be phased such that it is not disturbed until after the rest of the site has been graded. The plans shall be amended to reflect this and perimeter control shall be installed that will prevent the operation of equipment and the stockpiling of materials in this area. 8.Sediment control Best Management Practices shall remain in place around the bioretention basin until the area tributary to the basin is stabilized. 9.Inlet protection shall be installed on the double catch basin on Pioneer Trail located downstream of the site prior to commencement of earth-disturbing activities. Inlet protection shall be installed on all catch basins and curb cuts interior to the site after installation until final stabilization is met. 10.All outfalls, including the curb cut, shall be stabilized within 24 hours of connection. 21 Chanhassen City Council – August 12, 2013 11.The rip rap for the curb cut shall extend, uninterrupted, to the normal water level of the proposed pond (905.0’). 12.The geotextile fabric shall have a permittivity value of 0.5 or higher. 13.The model shall be amended to show that the peak discharge rate at the curb cut is no greater than 3.0 cfs during the 25-year storm event. If this cannot be achieved, the applicant is strongly encouraged to use pipe to convey stormwater runoff. 14.An operations and maintenance manual shall be provided to the city for review and approval and shall cover the bioretention feature and the swale inlet into the pond. 15.The outfall for the stormwater detention pond shall be pulled away from the wetland such that there is adequate room to install all rip rap without any disturbance below the 894’ contour. If practicable to do so, the outfall shall be pulled entirely outside of the wetland buffer area. 16.The bioretention feature shall be designed in a manner consistent with the Minnesota Stormwater Manual “design criteria for bioretention”. 17.A detailed plan for the bioretention feature, including phasing, soil amendments, underdrain (if necessary) and planting schedule shall be provided to the city for review and approval. 18.Percolation tests shall be performed in the bioretention area to determine infiltration rates. The model shall be amended based upon these findings and provided to the city. 19.The bioretention feature shall be designed such that it drains within 48 hours. 20.Pretreatment shall be provided prior to discharge to the bioretention feature. This shall be a grass swale consistent with the MN Stormwater Manual “Guidelines for filter strip pre-treatment sizing”, a forebay or a sump manhole at least three feet in depth. 21.The applicant must receive permission from Carver County for the proposed runoff condition into Pioneer Trail and provide a spread and run calculation to show that the proposed catch basin will capture the ten-year event or otherwise design the storm sewer to capture this event. 22.The applicant is responsible for all other permits and approvals.” All voted in favor and the motion carried unanimously with a vote of 5 to 0. he site plan consisting Councilwoman Ernst moved, Councilman McDonald seconded to approve t of a 13,700 square-foot continuing care retirement facility, Planning Case 2013-08 for Bluff 22 Chanhassen City Council – August 12, 2013 Creek Cottages as shown in plans dated received June 13, 2013, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Building Official Conditions: 1.The proposed structure is required to have an automatic fire extinguishing system. 2.All plans must be prepared and signed by design professionals licensed in the State of Minnesota. A geotechnical (soil evaluation) report is required. 3.Designs\plans for retaining wall(s) exceeding four feet in height must be prepared and signed by a structural engineer. 4.Detailed building code-related requirements have not been reviewed; this will take place when complete structural/architectural plans are submitted. 5.Structures and site must meet Minnesota Accessibility Code. 6.The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. Fire Marshal Conditions: 1.Add one hydrant at the intersection of Pioneer Trail and the entrance road. 2.In addition to 12-inch address numbers on the building, address numbers will be required at driveway entrance. Contact Chanhassen Fire Marshal for requirements. 3.A PIV, Post indicator valve will be required. 4.Yellow painted curbing and “No Parking Fire Lane” signs are required. Contact Chanhassen Fire Marshal for details. 5.City Engineer shall verify that the purposed fire apparatus turnaround is sufficient. 6.A three-foot clear space must be maintained around fire hydrant(s). Planning Conditions: 1.All rooftop and ground equipment must be screened from views. 2.Approval of the site plan application is contingent upon approval of the rezoning and conditional use permit for Planning Case 2013-08. 3.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. 23 Chanhassen City Council – August 12, 2013 4.Sign illumination and design shall comply with ordinance. If illuminated, the letters shall be backlit and use individual dimension letters, at least one-half inch deep. The sign materials shall be compatible with the building. The applicant must apply for a sign permit. 5.The trash enclosure for the building has not been shown on the plans. The structure must be screened from views and constructed of the same materials as the building. Recycling space and other solid waste collection space should be contained within the same enclosure as the trash. 6.Light levels for site lighting shall be no more than one-half foot candle at the project perimeter property line. This does not apply to street lighting. Light fixtures shall be downcast and the light shall be cut off at a 90-degree angle as required by the city code. All fixtures shall be shielded. Park and Trail Conditions: 1.Park fees in the amount of $12,000 shall be collected as part of the site plan permit. Engineering Conditions: 1.An agreement must be obtained from MnDOT and Carver County to allow the driveway to connect to Pioneer Trail (County Road 14) and to allow construction of private utilities in the right-of-way. 2.The applicant must apply for and receive a NPDES construction permit prior to any earth- disturbing activity. 3.The applicant must prepare a SWPPP consistent with the NPDES construction permit requirements (Part III) and submit this SWPPP to the city for review and comment. 4.The construction of the bioretention area shall be phased such that it is not disturbed until after the rest of the site has been graded. The plans shall be amended to reflect this and perimeter control shall be installed that will prevent the operation of equipment and the stockpiling of materials in this area. 5.Sediment control Best Management Practices shall remain in place around the bioretention basin until the area tributary to the basin is stabilized. 6.Inlet protection shall be installed on the double catch basin on Pioneer Trail located downstream of the site prior to commencement of earth-disturbing activities. Inlet protection shall be installed on all catch basins and curb cuts interior to the site after installation until final stabilization is met. 7.All outfalls, including the curb cut, shall be stabilized within 24 hours of connection. 8.The rip rap for the curb cut shall extend, uninterrupted, to the normal water level of the proposed pond (905.0’). 24 Chanhassen City Council – August 12, 2013 9.The geotextile fabric shall have a permittivity value of 0.5 or higher. 10.The plans must be signed by a registered engineer. 11.Ten-foot drainage and utility easements are required over all public utilities. 12.An existing topography plan sheet must be included in the plan set. 13.The grading plans must be amended so that no slopes exceed 3:1. 14.The developer’s engineer must submit a soils report and boring log for this site indicating the soil conditions, permeability and slope. 15.The plans must show the elevations at the corners of the proposed building and where the building foundation is acting as a retaining wall. 16.The plans must identify any stockpile areas that will be used during construction. 17.The developer’s engineer must call out the 6-foot retaining wall around the “outdoor space” in the plans and include top and bottom of wall elevations. 18.The following materials are prohibited for retaining wall construction: smooth face, poured- in-place concrete (stamped or patterned concrete is allowed), masonry, railroad ties or timber. Walls taller than 6 feet shall not be constructed with boulder rock. 19.The developer’s engineer must adjust grading at the face of the east retaining wall to create a swale so water will flow away from both the wall and the building. 20.The retaining walls shall be privately owned and maintained. 21.All retaining walls over six feet high and within 10 feet of a sidewalk or other public way must have a fence or other barrier. This condition includes the areas where the building foundation will act as a retaining wall. 22.Before vehicles enter Pioneer Trail, the driveway must provide a landing area that starts at least 50 feet back from the crosswalk and is at a 2% maximum grade. 23.The parking lot aisle must be 26 feet wide. 24.The turnaround must allow enough room for a fire truck to turn and exit the parking lot without going through the parking spaces. Approved turnarounds include a 100-foot hammerhead and a 70-foot diameter cul-de-sac. 25.The plans are amended to read “Assumed wetland boundary – area not delineated per 1987 Corps Manual.” 26.The 894’ contour is the assumed wetland boundary for purposes of determining buffer and setbacks. 25 Chanhassen City Council – August 12, 2013 27.Wetland buffer shall be shown to measure twenty (20) feet as is consistent with a Manage 2 wetland. The setback from this buffer shall then be thirty (30) feet. 28.That portion of the property containing the Bluff Creek Primary Zone and the tributary to Bluff Creek is dedicated to the city as per discussion with applicant and city staff. 29.The model shall be amended to show that the peak discharge rate at the curb cut is no greater than 3.0 cfs during the 25-year storm event. If this cannot be achieved, the applicant is strongly encouraged to use pipe to convey stormwater runoff. 30.An operations and maintenance manual shall be provided to the city for review and approval and shall cover the bioretention feature and the swale inlet into the pond. 31.The outfall for the stormwater detention pond shall be pulled away from the wetland such that there is adequate room to install all rip rap without any disturbance below the 894’ contour. If practicable to do so, the outfall shall be pulled entirely outside of the wetland buffer area. 32.The bioretention feature shall be designed in a manner consistent with the Minnesota Stormwater Manual “design criteria for bioretention”. 33.A detailed plan for the bioretention feature, including phasing, soil amendments, underdrain (if necessary) and planting schedule shall be provided to the city for review and approval. 34.Percolation tests shall be performed in the bioretention area to determine infiltration rates. The model shall be amended based upon these findings and provided to the city. 35.The bioretention feature shall be designed such that it drains within 48 hours. 36.Pretreatment shall be provided prior to discharge to the bioretention feature. This shall be a grass swale consistent with the MN Stormwater Manual “Guidelines for filter strip pre- treatment sizing”, a forebay or a sump manhole at least three feet in depth. 37.The applicant must receive permission from Carver County for the proposed runoff condition into Pioneer Trail, and provide a spread and run calculation to show that the proposed catch basin will capture the ten-year event or otherwise design the storm sewer to capture this event. 38.The applicant is responsible for all other permits and approvals. 39.The developer’s engineer must show the detailed lift station design and location in the plans. 40.The City of Chaska must approve the sanitary sewer plans. 41.The sanitary sewer and watermain shall be privately owned and maintained. 42.A plan sheet is required to show the watermain extension from the driveway to the connection to Chanhassen’s watermain system. 43.The watermain that is parallel to Pioneer Trail must be 8 inches for fire flow conditions. 26 Chanhassen City Council – August 12, 2013 44.The developer’s engineer shall model the watermain extension for fire flow demand to the development to ensure the watermain pipe size is adequate. 45.Fire hydrants are required every 400 feet, and gate valves are required every 800 feet. 46.This property has outstanding assessments from previous improvement projects that were deferred due to the property’s Green Acres status. Altering the zoning for this property will cause the assessments to come due. 47.Water and sewer trunk and hook-up fees are to be collected with the development contract. 48.A permit is required for any work within the MnDOT or Carver County right-of-way. 49.A temporary construction easement will be required for the installation of utilities within road right-of-way. Miscellaneous Conditions: 1.The applicant shall work with staff on minor plan modifications. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2013-39: Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approve a Resolution removing property from the Rural Service District. All voted in favor and the motion carried unanimously with a vote of 5 to 0. TH PRESERVE AT RICE LAKE: SOUTH OF WEST 86 STREET, NORTH OF TH 212 AND EAST OF TH 101; APPLICANT: J & S VENTURES 1, INC: REQUEST FOR A LAND USE MAP AMENDMENT FROM RESIDENTIAL-LOW DENSITY TO RESIDENTIAL-LOW AND MEDIUM DENSITY; REZONING FROM SINGLE-FAMILY RESIDENTIAL (RSF) AND MIXED LOW DENSITY RESIDENTIAL (R4) TO PLANNED UNIT DEVELOPMENT- RESIDENTIAL (PUD-R); PRELIMINARY PLAT OF 13.22 ACRES INTO 16 LOTS AND 2 OUTLOTS WITH VARIANCES; SITE PLAN REVIEW; AND WETLAND ALTERATION PERMIT. Kate Aanenson: Thank you Mayor, members of the City Council. This item also was heard by the th Planning Commission on July 16 and they did recommend approval. The subject location is actually at th the end of West 86 Street, abutting against 212. The existing condition of the site is, it’s encumbered by a wetland. It’s actually in shoreland district of Rice Marsh Lake which I’ll show in a little bit more detail. There’s 13 acres of wetland. We did talk about this in the concept, when this came in because it was a little bit problematic to try to get the lot sizes to work on there so we actually up zoned this property. In an up zoning we still had to maintain the 4 units an acre and you’ll see how that plays out as we move through the design of the project itself. So as I mentioned it’s in the shoreland district, so you can see the different tiers of the shoreland district where it has different requirements for building within, lot size requirements so again in order to accomplish what the developer wanted to do, we had to go to the medium density allowed the small lot sizes and allowed some flexibility within the shoreland district requirements. So anything within that 1,000 square feet, even if it’s a portion of a lot falls within the shoreland district. So as I stated the existing land use was low density and the zoning then was RSF and R-4 which did allow the 15,000 square foot lots or for the twinhomes also in the R-4. So to accomplish again what the developer wanted to do, we have to do an up zone to get to the medium density so this application, as you just stated Mayor, includes a land use amendment, a rezoning, a subdivision, variance, 27