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PC 2013 11 19 CHANHASSEN PLANNING COMMISSION REGULAR MEETING NOVEMBER 19, 2013 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Kim Tennyson, Lisa Hokkanen, and Maryam Yusuf MEMBERS ABSENT: Stephen Withrow, and Steven Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Terry Jeffery, Water Resources Coordinator Mark Undestad excused himself from this item. PUBLIC HEARING: 8821 SUNSET TRAIL: REQUEST FOR AN INTERIM USE PERMIT TO GRADE PROPERTY FOR CONSTRUCTION OF A SINGLE FAMILY HOME ON PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT (A2) AND LOCATED AT 8821 SUNSET TRAIL. APPLICANT: MARK UNDESTAD, PLANNING CASE 2013-25. Generous: Thank you Chairman and commissioners. As you stated this is Planning Case 2013-25, an Interim Use Permit to permit grading in excess of 1,000 cubic yards. The applicant is Mark Undestad. th The public hearing is tonight. This is scheduled for City Council on December 9. This property is located at 8821 Sunset Trail, which is just north of Lyman Boulevard. A little bit west of Powers Boulevard. It’s a single family home site. The property is zoned A2 which is Agricultural Estate District and it permits a single family home. It’s about 2.35 acres in size. The grading plan. City code permits, doesn’t require any approvals for grading of less than 50 cubic yards on their property. From 50 to 1,000 cubic yards there’s an administrative approval. A grading permit and in excess of 1,000 cubic yards you need an Interim Use Permit. The applicant came in for the administrative permit and had 990 cubic yards of grading, or earth moving on the property and then they decided to build some berms and stormwater pond so that put him over the top so if you’ve been out there they have, the grading’s already underway and so we’re in the process of reviewing it and approving it. There’s a berm located in the northeast corner of the property and then another one along the south property line. The pond is located in the south central portion of the property and it picks up the drainage from the middle of the property. These are all being done in conjunction with the construction of the single family home on this site. Previous to any development these were the drainage patterns. There were 3 drainage areas. With the development of this site there would be multiple drainage areas. Staff review of the grading plans came up with two issues that we are making recommendations that they resolve. This northerly berm and grading area, you want to make sure that the water is directed to the west rather than to the north so that it doesn’t pool on that north side of there so we’re looking at making sure that’s a continuous drainage path and then this berm on the south side of the property has slopes in excess of 3 to 1 and we want to make sure that they reduce that degree of slope there either by lowering the height of the berm or extending the slope out on it. Those were the only two real issues that we have. Staff is recommending approval of the Interim Use Permit to permit site grading subject to the conditions of the staff report and adoption of the Findings of Fact and Recommendation. With that we’d be happy to answer any questions. Aller: Well I’d like to know how the water obviously, the two conditions that were concerned with or water is staff’s concern with at this time but also I’d like to know how the, that system is going to be either enhancing or detracting from the property. Chanhassen Planning Commission – November 19, 2013 Jeffery: Chairman, if I may, the pond that’s being proposed on site will actually provide water treatment, stormwater treatment in an area where there has never been historically stormwater treatment so in that essence it will be an improvement. In addition there is no stormwater conveyance along Sunset Trail. There isn’t even a pronounced ditch to speak of so it will also achieve rate control within that area that we would otherwise not have had. In review of it there was nothing about that pond that gave me cause for alarm or anything to question whether or not it would function properly. Aller: And then the grading operation itself doesn’t appear to have an impact on the overall site or hasn’t changed it much from the way it was before. It’s not a detrimental impact? Jeffery: No, it’s not a drastic effect. We do have some concerns about not having impoundment occurring to the northern property but nothing that some fine tuning with the grading can’t accomplish. There’s no reason that final condition of this property cannot be equal to or greater than what it was prior. Aller: Is there a need for additional public facilities as a result of the grading? Jeffery: There is not. Aller: Or modifications. And then do you feel that the appropriate conditions for the operation and traffic impacts are in the improvements? Jeffery: Yeah. I don’t believe there will be any traffic impacts associated with this. Aller: Anyone else? I have no further questions. Great. If the applicant wishes to make a statement. Okay we’re going to open the public hearing. Anyone wishing to speak either for or against an item can come forward at this time. So if you have a comment to make you can do so, either for or against. Seeing no one come forward, we’re closing the public hearing and we’ll open for discussion of the commissioners. Any questions? Comments? Entertain a motion. Hokkanen: I’ll make a motion. The Chanhassen Planning Commission recommends that the City Council approve the Interim Use Permit to permit site grading at 8821 Sunset Trail subject to the conditions of the staff report and adopts the Findings of Fact and Recommendation. Aller: I have a motion. Do I have a second? Yusuf: I’ll second. Aller: Any discussion or questions as a result of the motion and the second? Hokkanen moved, Yusuf seconded that the Chanhassen Planning Commission recommends that the City Council approve the Interim Use Permit to permit site grading at 8821 Sunset Trail subject to the following conditions and adopts the Findings of Fact and Recommendation: 1. The applicant must submit a revised grading plan which shows the contours from the land survey conducted before construction started and showing the proposed contours. 2. The applicant’s engineer must submit an earthwork estimate based on the existing contours from the land survey. 2 Chanhassen Planning Commission – November 19, 2013 3. The ditch along the northern property line must be revised to prevent water pooling on the adjacent property. 4. The applicant must coordinate with City staff to find an acceptable alternative secondary septic site. 5. The grading plan must be modified so that slopes are not steeper than 3:1. The current plan shows a steeper slope on the southern berm. 6. Non-paved surface grades shall not be less than 2% to promote proper drainage. 7. The grading plan must show contours or elevation points nearby structures to confirm that water will drain away from existing and proposed structures. 8. A $1,500 escrow to guarantee restoration and erosion control measures will be required with the permit. 9. The applicant must provide a proposed haul route for review and approval. 10. An as-built grading plan is needed at the completion of site grading to ensure compliance with the approved grading plan. 11. The applicant must comply with any applicable local, state or federal permit requirements. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Aller: Those wishing to do so should follow this matter again before the City Council on December 9, 2013. Mark Undestad returned to the Planning Commission as a voting member. APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission meeting dated November 5, 2013 as presented. ADMINISTRATIVE PRESENTATIONS. th Aanenson: Yes, thank you. On the Tuesday, November 12, it was after Veteran’s Day the City Council did hear the Powers Pointe. We originally intended that to be 2 weeks earlier but as they explained to you that they were working through some of the stormwater issues trying to get that, and just it was a really complex site. A lot of moving parts to that so, but they did get it approved. Still working on getting everything resolved to get it recorded and they want to start working on that site right away. I think he also indicated to the City Council, the applicant that there’s an opportunity, I think now that they’ve got their sign up, they’ll be, they’ve got some good interest in leasing the property so that’s good news so. Aller: Great. Aanenson: And the other item that was on there is the concurrent detachment and annexation of land in Victoria. So that was approved and you didn’t see that but there’s some property up in Pipewood Curve that was actually all being serviced by the City of Chanhassen sewer and water and so there’s property lines that split that site so the city boundaries, the property was created, the subdivision was created in 1958 and 1959. The church across the street and when Victoria annexed that property they ran a property 3 Chanhassen Planning Commission – November 19, 2013 line straight up the part of the section line there and actually split right through the middle of two houses so half of your house is in Victoria, half is in Chanhassen and this has been going on for a while so we had an open house. Myself and the Community Development Director in Victoria and so there’s 5 properties that are now being resolved and they’re going to all come into the city of Chanhassen so one of those properties could with a variance move forward with another lot split in the back. They were looking at that piece so, so we’ll see but anyway that has to go to a hearing board but I think it just makes it easier for those property owners, whether it’s stormwater issues. There’s a creek runs through there or our utilities or getting a structure in their back yard, where do they go for permitting so that was resolved and so, soon probably another 90 days they’ll be part of the city of Chanhassen. Aller: Great. And it looks like this will be our last meeting in the year. th Aanenson: Yes it will. I was going to tell you, your first meeting of the year for 2014 will be January 7 and I think we already have a grading permit. We already have a grading permit for Minnetonka Middle School. They’re going to put in a new parking lot and they thought they could do their’s administratively too but it looks like there’ll be a little bit more grading on that one too so we know that one will be on for sure. There are some subdivisions being worked on right now. Some of them have to do with, I think most of them have to do with stormwater issues or size of wetlands and that sort of thing so those are trying to come to fruition so we believe we’ll be seeing those January-February. Trying to get in the works on those so we will have some applications coming in the first of the year. So with that, that’s kind of a, unless you have something be our regular. Then we’d adjourn and just go into work session. Aller: Yep, we’ll adjourn and go into work session for the surface water and the city code amendments. Aanenson: So you can adjourn the meeting. Aller: Anybody make a motion to adjourn? Undestad moved, Yusuf seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 7:11 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 4