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PC SUM 2004 01 06CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES JANUARY 6, 2004 Chairman Sacchet called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Uli Sacchet, Craig Claybaugh, Kurt Papke, Bruce Feik, Rich Slagle, Bethany Tjornhom and Steve Lillehaug STAFF PRESENT: Bob Generous, Senior Planner; Sharmeen A1-Jaff, Senior Planner; Matt Saam, Assistant City Engineer; and Bruce DeJong, Finance Director PUBLIC PRESENT FOR ALL ITEMS: Debbie Lloyd Janet & Jerry Paulsen Melissa Gilman 7302 Laredo Drive 7305 Laredo Drive Chanhassen Villager REVIEW 2004-08 CAPITAL IMPROVEMENT PROGRAM FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN. Bruce DeJong presented the staff report on this item. Chairman Sacchet clarified that the role of the Planning Commission is not to look at the dollar figures per se, but to look at the overall picture and how it complies with the intent of the comprehensive plan. Commissioner Feik asked if the city had any concerns with development of the 2005 MUSA area as it relates to improvements to Lyman Boulevard, which is not scheduled to be upgraded until the 2008 timeframe. Commissioner Papke asked for clarification on the proposed water treatment plants. Where will they go and who will they serve? Commissioner Lillehaug expressed concerns with the fluctuation in dollar amounts from year to year and the amount of money being proposed for projects such as the water treatment plants, fire station number 3, and payment for these projects being proposed as user fees, not development fees. The comprehensive plan does mention water treatment but not to this extent. In his mind $10.5 million would be a major water treatment plant and it's not addressed in the comp plan. Matt Saam explained the amounts proposed for the water treatment plants were in an attached chart. Commissioner Papke stated it was difficult to review a $47 million budget with no commentary on any of the line items and then comparing it the comprehensive plan document. Feik moved, Papke seconded that the Planning Commission recommends approval of the 2004-2008 Capital Improvement Plan and finds the plan to be consistent with the comprehensive plan. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Planning Commission Summary - January 6, 2004 PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT APPROVAL TO REPLAT ONE LOT (40~355 SQ. FT.) INTO 3 SINGLE FAMILY LOTS WITH VARIANCES~ 6700 POWERS BOULEVARD; BURLWOOD 2ND ADDITION; EPIC DEVELOPMENT. Public Present: Name Address Bob Martinka Rich Ragatz 6650 Powers Boulevard Minneapolis Sharmeen A1-Jaff presented the staff report on this item. Commissioner Claybaugh asked staff to provide history on the placement of Golden Glow Court. Commissioner Feik asked for an update on access to the neighboring properties to this site. Commissioner Slagle asked about the status of the Burlwood First Addition. Commissioner Lillehaug asked for clarification on the location of the right-of-way line for Powers Boulevard and the underground storm sewer retention system. Commissioner Papke asked staff to explain if there was any precedent in granting a variance as a result of the right-of-way dedication by the developer. Chairman Sacchet asked what the maximum number of lots that could be subdivided on the adjoining properties and precedence for further subdivision, tree presentation, and lot sizes. The applicant, Rich Ragatz with Epic Development, stated his belief that the end result is a win/win situation for everybody. For the city, for the neighbors and for the developer. The city gets to have their street put in the way they want it and they have improved public safety as a result. The neighbors have something that's the least impacting physically and economically because he's going to be paying for the street, and in the end he gets an approved development that he can begin in the springtime. Chairman Sacchet asked the applicant to clarify his plan for transplanting and adding trees and the agreement with the Egyhazi property, that is no longer being implemented. Chairman Sacchet opened the public hearing. Debbie Lloyd, 7302 Laredo Drive reviewed the city code relating to hardship. She felt that creating 3 lots with 13,000 square feet departs downward from the standard of the developments within 500 feet. She stated findings in the staff report relating to city code and the subdivision is inconsistent with zoning ordinance, contrary to what it says is consistent. She also felt the numbers for hard surface coverage were inaccurate. Chairman Sacchet closed the public hearing. Commissioner Claybaugh stated he was still troubled somewhat by the fact that Golden Glow Court wasn't located on the property line. Commissioner Feik stated generally he supported the application and provided some historical background on the road alignment. Commissioner Tjornhom stated since no one from the neighborhood spoke either for or against the project, the developer had done his due diligence to accommodate their requests. Chairman Sacchet stated he had received a letter from a neighbor expressing support for a 2 lot split versus 3 lot split. He did qualify that by 2 Planning Commission Summary - January 6, 2004 saying the letter was received 2 months ago so he didn't know if that opinion was still accurate. Commissioner Papke reminded the commission that if Golden Glow was shifted to the west to bring these lots in conformance, the net density of the entire area wouldn't change. Commissioner Lillehaug stated his position of not supporting this application had not changed since the last time when they saw Burlwood First Addition. He compared this subdivision proposal to that of Mr. Rossavik, which the Planning Commission denied and cited variance findings that have not been met. Chairman Sacchet stated he was struggling with the application as well, but felt this Planning Commission should make a decision so that future Planning Commissions, staff and residents would not have to deal with it. The Planning Commission has an opportunity here to close a loop with the road system, and that's what they should be working towards. Claybaugh moved, Feik seconded that the Planning Commission recommends approval of Subdivision #03-12 for Burlwood 2nd Addition for 3 lots with lot area variances as shown on the plans dated received October 17, 2003, based upon the findings in the staff report and subject to the following conditions: Applicant shall revise the landscape plan to show a minimum of 43 trees to be planted. A minimum of two 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 around all trees proposed to be preserved prior to any grading. 5. All transplanted evergreens must have a warranty for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. Any trees proposed for preservation that are lost due to grading and construction activities will be replaced at a rate of 2:1 diameter inches. Applicant shall plant a minimum of 16 overstory, 24 understory, and 40 shrubs along Powers Boulevard and 4 overstory, 6 understory and 11 shrubs along Lake Lucy Road. 9. Fire Marshal conditions: One fire hydrant will be required. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrant. Planning Commission Summary - January 6, 2004 10. 11. 12. 13. 14. 15. 16. 17. The new proposed street will be required to have a street name. Submit proposed name to Chanhassen Building Official and Fire Marshal for review and approval. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and operated by firefighters (pursuant to Chanhassen City Ordinance #9-1). No burning permits will be issued for tree/shrub disposal. Any trees removed must be removed or chipped on site. Show City Detail Plat Nos. 5300 and 5301. On the grading plan: Add a 75 foot minimum rock construct entrance. Revise the grading between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. Extend the silt fence around the proposed berm along the east side of Lot 1 and Lot 2. Add a benchmark to the plan. Show all existing and proposed easements. Show the proposed contours for the berm along Powers Boulevard. All disturbed areas shall be resodded or reseeded within two weeks of grading completion. If fill is imported or exported, the applicant will need to supply the city with a haul route plan for approval. The property is subject to sanitary sewer and water hookup charges. The 2003 trunk utility hookup charges are $1,440 per unit for sanitary sewer and $1,876 per unit for water. The 2003 SAC charge is $1,275 per unit. These fees will increase in 2004 and will be collected prior to building permit issuance and are based on the numbers of SAC units for the new building addition. Relocate the existing storm sewer on the property to within a 20 foot easement along the shared property line between Lot I and Lot 2. Show all existing and proposed easements on the preliminary plat. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 4 Planning Commission Summary - January 6, 2004 18. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 19. Prior to final platting, site drainage map and calculations will need to be submitted for staff review. The site drainage has to be designed for a 10 year, 24 hour storm event. 20. 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 permits must be obtained before demolishing any structures. 21. The applicant will be required to remove the single family home and the detached two car garage prior to recording the final plat. 22. The applicant shall pay park fees in lieu of land dedication or trail construction on two lots based on the fees in effect at the time of final plat approval. 23. Final plat approval of Burlwood 2nd Addition shall be contingent upon the recording of Burlwood Addition. All voted in favor, except Lillehaug who opposed, and the motion carried with a vote of 6 to 1. Chairman Sacchet summarized that there was not necessarily full agreement in the Planning Commission recommending approval. However the majority of the Planning Commission felt that this was an equitable way to resolve a rather difficult inherited situation in this particular neighborhood. There is a hardship in terms of fulfilling the agreements that have been made 8-9 years ago. Between the full road construction falling on the shoulders of the developer, including providing the land, the actual building, cost, including building the Golden Glow Circle to the south, that this is a very unique situation combined with all the easements that are encumbering this property on several sides. As such it's a totally unique situation and can state clearly that this is not creating a precedent. The Planning Commission also established that the surrounding properties could not subdivide into additional lots so it's not changing the envisioned density in that neighborhood than what was originally envisioned. Commissioner Lillehaug added that the council should consider not allowing the small lots because he did not feel a hardship had been presented by the applicant. The hardship was self created. The applicant chose to move forward with the platting of this property without all of the adjacent properties and being able to shift that road over. Chairman Sacchet stated one other factor was putting a stop to an awkward situation that has been perpetuated for a while. 5 Planning Commission Summary - January 6, 2004 PUBLIC HEARING: REQUEST FOR A LAND USE PLAN AMENDMENT FROM RESIDENTIAL- LOW DENSITY TO RESIDENTIAL-MEDIUM DENSITY~ A CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT; PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) REVIEW FOR AN 18 UNIT TOWNHOUSE PROJECT; SITE PLAN REVIEW FOR AN 18 UNIT TOWNHOUSE PROJECT; SUBDIVISION APPROVAL FOR 18 TOWNHOUSE LOTS AND OUTLOTS; AND A VARIANCE FROM THE BLUFF CREEK OVERLAY DISTRICT SETBACK REQUIREMENTS ON 6 ACRES OF PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT~ A2; LOCATED AT 2930 WEST 78TM STREET (NORTHEAST CORNER OF WEST 78TM STREETAND HIGHWAY 41)7 HIGHLANDS OF BLUFF CREEK; PLOWSHARES DEVELOPMENT~ LLC. Public Present: Name Address Jeff Russell Mike Ryan Todd Sinning Ed Hasek, Westwood Professional Services Brent Hiscox Susan McAllister Scott Bemas, Edina Realty Holly Huber 7632 Arboretum Village Circle 2595 Southern Court Plowshares Development Eden Prairie Plowshares Development 2930 West 78th Street 6800 France Avenue So 2828 Coach Lane Bob Generous presented the staff report on this item. Commissioner Lillehaug asked staff to clarify the adjusted Bluff Creek Overlay District boundaries. He also stated he was uncomfortable with the number of conditions and now knowing what the final product would look like. He recommended the item be tabled. Chairman Sacchet stated in all fairness to the applicant and people attending the meeting, he would like to get public input before making that decision. Commissioner Lillehaug asked for clarification on the tree canopy calculations, easements for storm sewer, and Bluff Creek primary zone setback requirements. Commissioner Slagle asked questions relating to road and trail connections. Commissioner Tjornhom asked how this plan related to the plan presented at an earlier work session, and if there were townhomes encroaching into the Bluff Creek setback area, the location of the storm pond and concerns with runoff into Bluff Creek. Commissioner Claybaugh asked for clarification on the recommendations from the Carver County Soil and Water letter. Chairman Sacchet had questions regarding the irregular boundary lines and height of the proposed retaining wall. The applicant, Todd Simning with Plowshares Development addressed the questions and concerns of the Planning Commission. He also reviewed the history and reasoning behind this proposal. Commissioner Slagle asked the applicant who the target audience is for this development and their plans for parks and trail connections. Commissioner Feik asked if the developer had considered moving the pond to the east of the property in the easement area. Planning Commission Summary - January 6, 2004 Commissioner Papke continued discussion on the location of the pond. Ed Hasek with Westwood Professional Services explained the landscape and tree plan as it related to the siting of the pond. Commissioner Claybaugh asked the applicant to explain what the benefit is for Chanhassen in exchange for enhanced flexibility. Commissioner Lillehaug asked the applicant to explain why they were asking for a 31 foot road as opposed to 26 foot, the height of the retaining wall, and access off West 78th Street. Chairman Sacchet opened the public hearing. Mike Ryan, 2595 Southern Court expressed concerns about the density and setback from the Bluff Creek Overlay District, and preserving the old growth forest. Susan McAllister, the property owner, stated that a lot of the old growth trees have been hit by lightning so are not in the best of shape. She also stated that she would not be opposed to tabling the item with clear direction. Chairman Sacchet closed the public hearing. After discussion the following motion was made. Feik moved, Claybaugh seconded that the Planning Commission table the request for Highlands of Bluff Creek, Plowshares Development at 2930 West 78th Street in it's entirety. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: CONSIDER AMENDMENTS TO CHAPTER 20, ARTICLE XXXI ENTITLED BLUFF CREEK OVERLAY DISTRICT. Bob Generous presented the staff report on this item. Commissioner Papke asked for clarification on the term "building". Commissioner Feik asked how this amendment would have affected specific previous applications. Debbie Lloyd, 7302 Laredo Drive stated she was in favor of leaving the ordinance as is because she supports having public input instead of leaving decisions up to city staff. Feik moved, Lillehaug seconded that the Planning Commission recommends approval of amending the Bluff Creek Overlay District by adding the following: Section 20-1554. Conditional Use Permits. (b) All lots of record in existence and parcels of land located within the Bluff Creek Overlay District on which a building has been constructed prior to December 14, 1998 are exempt from requiring a Conditional Use Permit. Further subdivision of the property will require a conditional use permit and shall comply with the Bluff Creek Overlay District. Section 20-1564. Structure Setbacks. (b) On parcels of land located within the Bluff Creek Overlay District on which a building has been constructed prior to December 14, 1998: Planning Commission Summary - January 6, 2004 (2) (3) The minimum setback from the primary zone shall be the existing setback, if less than forty (40) feet. If the existing building or structure setback is less than forty (40) feet and greater than or equal to twenty (20) feet, then the first 50% of the established primary zone setback shall remain undisturbed. If the existing building or structure setback is less than twenty (20) feet there shall be no grading or alterations beyond the existing setback. All voted in favor and the motion carried unanimously with a vote of 6 to 0. (Craig Claybaugh had left the meeting at this point.) DISCUSSION OF STANDARDS FOR ROOFTOP SCREENING AND SIDEWALKS (CHAPTERS 18 & 20). Bob Generous presented the staff report on this item. Commissioner Feik asked for clarification regarding roof top screening and stated he liked the wording state it was not visible from adjoining parcels. Commissioner Slagle brought up the issue of sidewalks and stated his desire to see at a minimum that sidewalks be required on one side of the street. APPROVAL OF MINUTES: Commissioner Slagle noted the Minutes of the Planning Commission meeting dated December 2, 2003 as amended by Commissioner Lillehaug on page 31. PLANNING COMMISSION UPDATE~ JANUARY~ 2004. Bob Generous informed the Planning Commission items for upcoming meetings. Chairman Sacchet adjourned the Planning Commission meeting at 10:45 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim