PC SUM 2004 04 20CHANHASEN PLANNING COMMISSION
REGULAR MEETING
SUMMAR MINUTES
APRIL 20, 2004
Chairman Sacchet called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Uli Sacchet, Rich Slagle, Kurt Papke, Bethany Tjornhom,
Steve Lillehaug and Dan Keefe
MEMBERS ABSENT: Craig Claybaugh
STAFF PRESENT: Kate Aanenson, Community Development Director; Nate Bouvet,
Planning Intern; and Matt Saam, Assistant City Engineer
PUBLIC HEARING:
REOUEST FOR INTERIM USE PERMIT TO ALLOW RIDING LESSONS AT
STABLE LOCATED AT 760 WEST 96TM STREET, SANDY WORM, PLANNING
CASE NO. 04-12.
Public Present:
Name Address
Carol Dunsmore
Sandy Worm
Allie & Chris Fullerton
730 96th Street West
760 96th Street West
Nate Bouvet presented the staff report on this item. Commissioner Lillehaug questioned
the notification list, stating he felt the 500 foot notification was based off the wrong lot
but stated he was in favor of the application and he didn't believe it was controversial.
Commissioner Keefe asked the applicant is she was proposing any signage. Kate
Aanenson explained that for a home occupation, permitted signage was very small.
Chairman Sacchet opened the public hearing. No one spoke and the public hearing was
closed. Commissioner Papke also had a comment regarding the notification notice.
Lillehaug moved, Papke seconded that the Planning Commission recommend
approval of Interim Use Permit #2004-12 to allow the use of a riding academy
located at 760 West 96th Street, zoned A2, subject to the following conditions:
Adhere to the standards of Chapter five (5) "Animals", Article three (3), "Horses"
of the Chanhassen City Code.
Adhere to the standards of Section 20-383 (General Issuance Standards) of the
Chanhassen City Code.
Planning Commission Summary - April 20, 2004
The Interim Use Permit would expire upon the site being served by municipal
services.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
PUBLIC HEARING:
REQUEST FOR CONCEPT PLANNED UNIT DEVELOPMENT (PUD) REVIEW
FOR A HEALTH CLUB, OFFICE, RESTAURANT AND HOTEL ON 21.7 ACRES
LOCATED AT 1891 ARBORETUM BOULEVARD ON PROPERTY ZONED A2,
AGRICULTURAL ESTATE, GUIDED OFFICE/INDUSTRIAL, ADVANCE
FITNESS, PLANNING CASE NO. 04-14.
Public Present:
Name Address
Liv Horneland
Jim Lasher
Barry Blomquist, Jr.
Richard Bjork
Karci Eckermann
Brad Bohman
Dawn Pollman
Kathy Pensyl
C.J. Pappas
8804 Knollwood Drive, Eden Prairie
LSA Design
Amerrest Systems
Amerrest Systems
1838 Andrew Court
1954 Andrew Court
1972 Andrew Court
54' 1 Mayview Road, Minnetonka
Kate Aanenson presented the staff report on this item. Commissioner Papke asked for
staff clarification on their recommendation for only one restaurant and traffic between
this development and Lake Ann Park. Commissioner Slagle asked for clarification on the
public/private situation with the proposed water park/pool and traffic concerns.
Commissioner Lillehaug had questions regarding zoning, roadways, and regional
ponding requirements. Commissioner Keefe asked for clarification regarding the
proposed hotel. Commissioner Tjornhom stated she was struggling with the idea of a
water park in an industrial area. Chairman Sacchet had questions relating to the proposed
uses, i.e. hotel and bank, the percentage of uses, the water park and height of buildings.
Richard Bjork provided background information on the applicant, Advance Fitness. Jim
Lasher with LSA Design spoke on behalf of the team to outline the proposal.
Commissioner Tjornhom asked the applicant to explain how the water park differs from a
regular swimming pool. Commissioner Papke asked for clarification on the scale of
restaurants being proposed. Commissioner Lillehaug asked for clarification on the
roadway connection with McGlynn Road. Chairman Sacchet opened the public hearing.
Brent Griowski, 2221 Hunter Drive, spoke on behalf of General Mills at 8000 Audubon
Road which is adjacent to the proposed development. He wanted to remind the
commission that General Mills is open 24 hours a day, 7 days a week and asked if a hotel
use the best use as a neighbor. Brad Bohlman, 1938 Andrew Court had questions
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Planning Commission Summary - April 20, 2004
regarding the type of athletic health club, traffic circulation, density and parking on the
site. Chairman Sacchet closed the public hearing. After commission discussion, the
following motion was voted on.
Lillehaug moved, Slagle seconded that the Planning Commission recommends
approval of the concept PUD with the following conditions:
Permitted Uses in the IOP:
· Offices
· Warehouses
· Light Manufacturing
· Health Services
· Printers
· Indoor Health & Recreation Clubs with snack food service
· Recording Studios
· Conference/Convention Center
· Antennas
· Parking Lots & Ramps
· Signs
· Day Care Center
· Outdoor Health & Recreation Clubs
· Research Laboratories
· Hotels & Motels
· Food Processing
· 25 percent of site can be retail oriented but no fast food with drive thru
The two proposed streets shall both be public. This will require 60 feet of
dedicated right-of-way for each street. In addition, the east/west street will
require a cul-de-sac turn around per City Detail Plate #5205. The connection of
the north/south street to Highway 5 will require MnDot approval.
Sanitary sewer and water is available to the site from Coulter Boulevard to the
south.
The easterly access to the proposed office and bank building will not be allowed.
No direct access from any of the proposed lots to Coulter Boulevard will be
allowed.
The applicant will be required to provide storm water NURP ponding within the
development which meets the current City SWMP requirements.
The plan should accommodate storm water ponding (regional ponding where
possible) sufficient to treat the water from all future impervious surfaces on the
21.7 acres to NURP standards.
Planning Commission Summary - April 20, 2004
Staff recommends development of a landscape plan that incorporates native plants
adjacent to the tributary of Bluff Creek along the western property boundary.
Surface water management connection charges are presently $13,200 per acre for
commercial development. These are due payable to the City at the time of final
plat recording.
10.
Prior approval from the Riley-Purgatory-Bluff Creek Watershed District is
required for grading and erosion & sediment control.
11.
The applicant is required to obtain a National Pollutant Discharge Elimination
System (NPDES) Phase H Construction Permit from the Minnesota Pollution
Control Agency (MPCA).
12. An erosion and sediment control plan is required.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT TO
INCORPORATE THE PROPERTY IN THE CURRENT METROPOLITAN
URBAN SERVICE AREA (MUSA); REZONING FROM A2, AGRICULTURAL
ESTATE DISTRICT TO RSF, SINGLE FAMILY RESIDENTIAL DISTRICT;
SUBDIVISION APPROVAL TO CREATE 61 LOTS (48 IN CHANHASSEN), 3
OUTLOTS (ONE IN CHANHASSEN), AND PUBLIC RIGHT-OF-WAY WITH A
VARIANCE FOR STREET WIDTH; AND A WETLAND ALTERATION
PERMIT TO FILL AND ALTER WETLANDS ON SITE, ON 55.6 ACRES (44.6
ACRES IN CHANHASSEN), LOCATED SOUTH OF PIONEER TRAIL AND
EAST OF THE HENNEPIN COUNTY REGIONAL TRAIL, THE PEMTOM
LAND COMPANY AND BEATRICE ZWIERS, SETTLERS WEST, PLANNING
CASE NO. 04-05.
Public Present:
Name Address
Dan & Val Tester
Eldon Beckland
Allan Klugman
Justin Larson
Dan Herbst
Marty & Jenny Clark
230 Flying Cloud Drive
10 Pioneer Trail
Westwood
Sathre-Berquist
Pemtom
18956 DorenKemper Place, Eden Prairie
Matt Saam and Kate Aanenson presented the staff report on this item. Commissioner
Lillehaug asked for clarification on sharing road maintenance with Eden Prairie, roadway
geometrics, bluff delineation behind Lots 29 through 37, and access off of Pioneer Trail.
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Planning Commission Summary - April 20, 2004
Commissioner Papke had concern with drainage on the Hennepin County Trail and wash
out problems. Commissioner Slagle asked for further clarification on the access into the
site. Commissioner Tjornhom asked if the issue of lot sizes for Lots 21 and 24 had been
resolved. Chairman Sacchet had questions about the bluff management plan, possibly
deleting Settlers Court from the plan, and the radius of the road. Dan Herbst with
Pemtom outlined the changes made to the plan since the last meeting. Justin Larson with
Sathre-Berquist talked about plans for storm sewer runoff, drainage and grading. Allan
Klugman with Westwood Professional Services addressed the access and shoulder issues
on Pioneer Trail. This was not a public hearing but Chairman Sacchet asked if any one
wished to speak. Jerry Clark, 18956 Dorenkemper Place, Eden Prairie explained some
sight line problems with the railing when you're driving west over the bridge. After
extensive discussion, the following motions were made.
Slagle moved, Lillehaug seconded that the Planning Commission recommends
approval the following four motions based on the findings of fact in the attached
findings of fact and recommendation:
Ao
"The Planning Commission recommends approval of the Comprehensive Plan
Amendment to incorporate the property in the 2000 Metropolitan Urban Service Area
(MUSA).
Bo
"The Planning Commission recommends approval of the Rezoning of the property
from A2, Agricultural Estate District, to RSF, Single Family Residential District."
Co
"The Planning Commission recommends approval of the preliminary plat
(Subdivision) to create 48 lots, three outlots and public right-of-way with a variance
for street width, subject to the following conditions:
Lot 21 must have a minimum street frontage of 90 feet on Settlers West Road
and Settlers West Court. Lot 24 does not meet the minimum lot width at the 30
foot building setback line. The lots in the area need to be reconfigured to assure
that the minimum frontage is provided. The applicant will work with staff to
reduce bluff impact and tree loss caused by Settlers Court.
The development of the property is contingent on Eden Prairie approving the
subdivision within their jurisdiction. Without the road access and sewer and
water service, this project would be premature.
3. Deleted.
4. The developer shall be responsible for paying park dedication fees at the time of
final plat recording.
Wetland replacement must occur in a manner consistent with the Minnesota
Wetland Conservation Act (MR 8420). The applicant must receive approval of
a wetland replacement plan prior to wetland impacts occurring.
Planning Commission Summary - April 20, 2004
A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) must
be maintained around Wetland G (if it is not mitigated). A wetland buffer 10 to
30 feet in width (with a minimum average of 20 feet) must be maintained around
Wetlands ! and J. (Those buffers considered for PVC must maintain a minimum
width of 16.5 feet.) Wetland buffer areas shall be preserved, surveyed and
staked in accordance with the City' s wetland ordinance. The applicant must
install wetland buffer edge signs, under the direction of City staff, before
construction begins and must pay the City $20 per sign.
Bluff areas must be preserved. All structures must maintain a 30-foot setback
from the bluff and no grading may occur within the bluff impact zone (i.e., the
bluff and land located within 20 feet from the top of a bluff). The plans shall be
revised to eliminate grading within the bluff impact zone on Lots 39 through 45.
A conservation easement shall be recorded over the bluffs and bluff impact
zones. The developer shall work with staff to develop and install appropriate
markers to demarcate the bluff impact zone, except for the areas identified for
site drainage as shown in the plan.
The applicant shall work with City staff to develop a plan for bluff management.
The plan shall include an assessment of the stability of bluff areas, an inventory
of the discarded materials, a plan for the clean-up of bluff areas and a restoration
plan for critical and/or severely eroded areas. The plan shall also address
reclamation of the Moon Valley site. The bluff management plan shall be
implemented prior to or concurrently with subdivision construction.
The lots abutting bluff areas (Lots 12 through 39 and 46 through 50) shall be
graded to drain away from the bluff and bluff impact zone. In addition, a system
of swales and storm sewer with surface inlets shall be installed for the rear yards
of the lots abutting bluff areas (Lots 12 through 39 and 46 through 50).
10.
The plans for the cross-country storm sewer on Outlot F shall be more detailed.
Erosion blanket, shade tolerant seed mix and fiber rolls are recommended to
promote vegetation growth and temporarily stabilize the exposed slope. Similar
measures are needed shall the 20-foot maintenance access be developed.
11 To provide cost-effective sediment removal within Pond 3, a forebay shall be
located at the northern end of the pond near the inlet.
12.
A drainage and utility easement at least 20 feet in width shall be centered over
any swales and/or storm sewer, including pond inlets and outlets. Slopes within
the easements shall be gradual enough to permit access with heavy equipment.
13. Adequate, non-compacted topsoil shall be applied to a depth of at least 6 inches
prior to the installation of permanent erosion control practices.
Planning Commission Summary - April 20, 2004
14. Silt fence is needed at the HWL of storm water ponds once the ponds are final
grade and stabilized with mulch and seed or blanket and seed.
15.
After excavation of slopes adjacent to bluff areas and prior to home building
activities (such as excavating for foundations) the builders shall install silt fence
or other perimeter control (snow fence) to protect the temporary stabilization
methods and final grade elevations.
16.
Erosion control blanket shall be installed on all slopes greater than or equal to
3:1. All exposed soil areas must have temporary erosion protection or
permanent cover for the exposed soil areas year round, according to the
following table of slopes and time frames:
Type of Slope Time
Steeper than 3:1 7 days
10:1 to 3:1 14 days
Flatter than 10:1 21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
These areas include constructed storm water management pond side slopes, and any
exposed soil areas with a positive slope to a storm water conveyance system, such as
a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch
or other natural or man made systems that discharge to a surface water.
17. Street cleaning of soil tracked onto public streets shall include daily street
scraping and street sweeping as-needed.
18. The total SWMP fee, due payable to the City at the time of final plat recording,
is $80,502.
19.
The applicant shall apply for and obtain permits from the appropriate regulatory
agencies (e.g., Lower Minnesota River Watershed District, Minnesota Pollution
Control Agency, City of Eden Prairie, Minnesota Department of Natural
Resources (for dewatering)) and comply with their conditions of approval.
20.
Tree preservation fence shall be installed at the edge of the grading limits prior
to any construction. Fencing shall be in place and maintained until all
construction is completed. In no areas shall the fencing be placed within the
bluff impact zone.
21 Any trees removed in excess of proposed tree preservation plans, dated 1/16/04,
will be replaced at a ratio of2:1 diameter inches.
22. Any trees removed must either be chipped or hauled off site. No burning
permits will be issued.
Planning Commission Summary - April 20, 2004
23. Silt fence must be placed outside of the bluff impact zone boundary.
24.
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 insure fire hydrants can be quickly located and operated by firefighters.
Pursuant to Chanhassen City Ordinance #9-1.
25.
Fire apparatus access roads and water supply for fire protection is required to be
installed. Such protection shall be installed and made serviceable prior to and
during time of construction except when approved, alternate methods of
protection are provided. Temporary street signs shall be installed at each street
intersection when construction of roadways allows passage by vehicles in
accordance with Section 505.2 of the Minnesota Fire Code.
26. A final grading plan and soils report must be submitted to the Inspections
Division before building permits will be issued.
27. Demolition permits must be obtained prior to demolishing any structures on the
site.
28.
As utility service will be provided by the City of Eden Prairie, responsibility for
permits and inspections of the private sewer and water services must be
determined.
29.
The applicant will be required to meet the existing site runoff rates for the 10-
year and 100-year, 24-hour storm events. The proposed ponds must be
designed to National Urban Runoff Program (NURP) standards.
30.
The storm sewer must be designed for a 1 O-year, 24-hour storm event.
Submit storm sewer sizing calcs and drainage map prior to final plat for staff
review and approval.
31.
Drainage and utility easements must be dedicated on the final plat over the
public storm drainage system including ponds, drainage swales, and wetlands
up to the 100-year flood level. The minimum easement width shall be 20 feet
wide.
32.
Because of the sensitive nature of the site, Type III silt fence per City detail
plate #5300 be used around the perimeter of the entire site. Also, remove the
silt fence detail from the preliminary grading plan (sheet #8.) In addition, tree
preservation fencing must be installed at the limits of tree removal. All
disturbed areas, as a result of construction, must be seeded and mulched or
sodded immediately after grading to minimize erosion. The applicant shall be
aware that any off-site grading will require an easement from the appropriate
property owner. If importing or exporting material for development of the site
is necessary, the applicant will be required to supply the City with detailed
Planning Commission Summary - April 20, 2004
haul routes and traffic control plans.
33. Revise the storm sewer pipe diameter from 12-inch to 15-inch minimum.
34. Permits from the appropriate governmental agencies must be obtained
including: MPCA, Watershed District, Hennepin/Carver County.
35. On the grading plan:
a. Add a 4-inch perforated drain tile at street low point, 4-feet in back of
curb.
b. Show the benchmark used for the site survey.
c. The walkout elevation of Lot 12 must be a minimum of 1.5 feet above the
adjacent emergency overflow elevation.
36. Last storm structure that is road accessible prior to pond must be a 3-foot
sump manhole.
37.
The proposed retaining wall at the end of Settlers Court will not be allowed
within the street right-of-way. Also, any retaining wall over 4-feet in height
must be designed by a registered Civil Engineer in the State of Minnesota and
it will require a building permit.
38. Extend the 5-foot sidewalk to the south end of Settlers West Road.
39. The developer must obtain approval from Hennepin County for the City's use
of the trail for maintenance access to the storm sewer.
40. The plans are okay with the 150 foot curve radius, but the applicant will be
required to install mitigation signage.
41.
The applicant's required to add shoulders, 8 foot shoulders per state aid
standards and 150 tapers on each end and lengthen the left turn out to
maximize the length of it."
"The Planning Commission recommends approval of the Wetland Alteration Permit
to fill and alter wetlands on site, subject to the following conditions:
1. The applicant shall provide details on wetland mitigation for proposed impact to
Wetland G.
2. Staff will field verify Wetlands I and J if the final plans involve the discharge of
pretreated storm water into these basins.
Wetland replacement must occur in a manner consistent with the Minnesota
Wetland Conservation Act (MR 8420). The replacement plans should show
fixed photo monitoring points for replacement wetlands. A five-year wetland
Planning Commission Summary - April 20, 2004
replacement monitoring plan should be submitted. The applicant should provide
proof of recording of a Declaration of Restrictions and Covenants for
Replacement Wetland. The applicant must receive approval of a wetland
replacement plan prior to wetland impacts occurring.
A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) must
be maintained around Wetland G (if it is not mitigated). A wetland buffer 10 to
30 feet in width (with a minimum average of 20 feet) must be maintained around
Wetlands ! and J (those buffers considered for PVC must maintain a minimum
width of 16.5 feet). Wetland buffer areas should be preserved, surveyed and
staked in accordance with the City' s wetland ordinance. The applicant must
install wetland buffer edge signs, under the direction of City staff, before
construction begins and must pay the City $20 per sign.
The applicant shall apply for and obtain permits from the appropriate regulatory
agencies (e.g., Lower Minnesota River Watershed District, Minnesota Pollution
Control Agency, City of Eden Prairie, Minnesota Department of Natural
Resources (for dewatering)) and comply with their conditions of approval."
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
In summary, Chairman Sacchet commended the applicant for bringing forth an excellent
proposal, taking to heart recommendations that were made the first time it was before the
Planning Commission. The two remaining key issues is the traffic situation, which is not
ideal but there is no better alternative at this point and the bluff impact and trees, which
the Planning Commission had a range of opinions. Chairman Sacchet voiced the most
extreme opinion that he would like to see some lots go away in order save trees in the
area of Settlers Court. Staff and the applicant will work together on that issue.
RECOMMEND ADOPTION OF PROPOSED CHANGES TO CHAPTER 20,
ZONING OF THE CHANHASSEN CITY CODE. THESE CHANGES AFFECT
ARTICLES I THROUGH XXXI OF THE CHAPTER AND ARE INTENDED TO
UPDATE AND CONSOLIDATE THE ENTIRE ZONING ORDINANCE.
Chairman Sacchet asked if the Planning Commission should look at this item in Bob
Generous' absence. Kate Aanenson stated her desire to see it approved tonight if
possible. She highlighted the changes that have been discussed. Chairman Sacchet asked
for clarification on retaining walls. Commissioner Lillehaug discussed items brought up
by the Planning Commission that he felt had not addressed.
Slagle moved, Lillehaug seconded to table adoption of Chapter 20, Zoning of the
Chanhassen City Code. All voted in favor and the motion carried unanimously with
a vote of 6 to 0.
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Planning Commission Summary - April 20, 2004
APPROVAL OF MINUTES:
Bethany Tjornhom noted the verbatim and summary minutes of the Planning
Commission meeting dated April 6, 2004 as presented.
Chairman Sacchet adjourned the Planning Commission meeting at 10:25 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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