PC SUM 2004 11 16
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
NOVEMBER 16, 2004
Chairman Sacchet called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Uli Sacchet, Steve Lillehaug, Bethany Tjornhom, Kurt Papke, Rich
Slagle, and Dan Keefe
MEMBERS ABSENT:
Craig Claybaugh
STAFF PRESENT:
Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner; Sharmeen Al-Jaff, Senior Planner, and Matt Saam, Assistant City Engineer
PUBLIC HEARING:
HIDDEN CREEK MEADOWS, SUBDIVISION APPROVAL FOR A 23 LOT
SUBDIVISION WITH VARIANCES. THE DEVELOPMENT PROPOSAL INCLUDES A
WETLAND ALTERATION PERMIT TO PERMIT THE CROSSING OF A CREEK
AND WETLAND WITH A PUBLIC STREET. THE SITE IS 19.2 ACRES ZONED
SINGLE FAMILY RESIDENTIAL, RSF, LOCATED AT THE ENDS OF PIPEWOOD
LANE AND CARTWAY LANE, NORTH OF HIGHWAY 7.
Public Present:
Name Address
Lisa & Jeff Jewison 3842 Meadow Court
Don Peterson 6414 Aster Trail
Steve McSherry 6571 Kirkwood Circle
Vic Moravec 3821 Linden Circle
Rick Hueffmeier 6551 Kirkwood Circle
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Gary Carlson 3891 West 62 Street
Kathy Schurdevin 3921 Aster Trail
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Dale Keehl 3841 West 62 Street
Cindy & Peter Thomson 4001 Aster Trail
Perry Ryan Ryan Engineering
Lisa & John Jordan 6541 Kirkwood Circle
Casey & Joe Bergquist 4011 Pipewood Lane
Bob Generous presented the staff report on this item. Commissioner Keefe asked for
clarification regarding the proposed house sizes, tree removal plan, the retaining wall and
drainage on Lot 8, Block 1, and the maintenance and ownership of Cartway Lane.
Commissioner Papke asked staff to clarify access to Lot 1, Block 1 and zoning of the property.
Commissioner Tjornhom asked if other less invasive options had been looked at for developing
this property. Commissioner Lillehaug asked for clarification on the city’s time line for action
on this application, the amount, if any, significant trees on the site, and the house pad
requirement. Chairman Sacchet asked staff to clarify their recommendation of combining Lots 1
and 13, Block 2, the lack of a tree inventory, lot size, and why the plans weren’t more detailed.
Planning Commission Meeting – November 16, 2004
Commissioner Lillehaug had two more questions about ownership of the outlots and the radius
of the roadway curve where it is extended from Pipewood Lane. Chairman Sacchet asked about
the city’s position on creating a lot where the side yard borders back yards. Commissioner
Slagle asked for clarification on lot widths, side yard setbacks, and the flag lot. The applicant,
Gary Wilkerson addressed the issues brought up by the staff and commissioners. Commissioner
Slagle asked how these lot widths compared to the neighboring subdivision. Perry Ryan, the
applicant’s engineer spoke to the lot sizes and width. Chairman Sacchet opened the public
hearing.
Jeff Jewison, 3842 Meadow Court had concerns with access to Lot 13, Block 2, the side yard
bordering his back yard, and having streets on two sides of his lot. Rick Hueffmeier, 6551
Kirkwood Circle and John Jordan, 6541 Kirkwood Circle, neighbors to the south, had concerns
with flooding of the creek, the impact of runoff, sizing of the culvert causing additional flooding
and who’s going to pay for the trees that are dying in their back yards because of this flooding.
Vic Moravec, 3821 Linden Circle reiterated the concern with filling of the wetland and sizing of
the culvert. Steve McSherry, 6571 Kirkwood Circle also wanted to echo what’s been said
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previously about the drainage and flooding of the creek. Dale Keehl, 3841 West 62 Street
expressed concern with the road connection and increased traffic on Cartway Lane. Gary
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Carlson, 3891 West 62 Street provided history of this area of town and it’s development and
impacts on his property as far as drainage. He suggested a break away gate for emergency
access only to Cartway Lane. Commissioner Lillehaug asked Mr. Carlson to explain his future
plans, if any, for development on his property. Casey Bergquist, 4011 Pipewood Lane had
concerns with the number of homes accessing Highway 7 from these developments. Chairman
Sacchet closed the public hearing. During commission discussion, Chairman Sacchet asked the
applicant if he would be willing to extend the deadline. Gary Wilkerson agreed to a 60 day
extension.
Slagle moved, Lillehaug seconded that the Planning Commission table action on Hidden
Creek Meadows to allow the applicant time to address the concerns raised by the residents
and commission members. All voted in favor and the motion carried unanimously with a
vote of 6 to 0.
PUBLIC HEARING:
LOTUS VIEW ADDITION, SUBDIVISION OF 2.83 ACRES INTO 2 SINGLE FAMILY
LOTS WITH VARIANCES. THE SITE IS ZONED RESIDENTIAL SINGLE FAMILY
AND IS LOCATED AT 745 PLEASANT VIEW ROAD. APPLICANT, BEVERAL C.
THOMAS, PLANNING CASE NO. 04-23.
Public Present:
Name Address
Tom & Judy Meier 695 Pleasant View Road
Valerie & David Rossbach 670 Pleasant View Road
Marianne McCord 6440 Fox Path
Beverly Thomas 745 Pleasant View Road
Tom Rosenfield 6915 Fox Glove
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Planning Commission Meeting – November 16, 2004
Sharmeen Al-Jaff presented the staff report on this item, specifically clarifying the lake access
and easements on the site. Commissioner Tjornhom asked for clarification on the garage issue.
Commissioner Papke asked for clarification on the length and materials of the private street.
Commissioner Keefe asked about placement of the driveway onto Pleasant View Road.
Chairman Sacchet asked for further clarification on the private road and driveway. The
applicant, Beverly Thomas provided background information on her request for this subdivision.
Chairman Sacchet opened the public hearing. Jack Fess, 6280 Ridge Road expressed concern
with traffic and specifically construction traffic parking on Pleasant View Road. Tom Meier,
695 Pleasant View Road had concern with who can occupy the guest home, the use of the beach
house and property on the lake and drainage from this property onto his driveway and garage.
Kate Aanenson clarified that this subdivision and development will not affect the drainage on
Mr. Meier’s property. Staff is working with him to address his drainage problems. Marianne
McCord, 6440 Fox Path was concerned with the dock and use of the lake. She suggested
looking at a community dock for the people who live in this area of the lake. Chairman Sacchet
closed the public hearing. After commission discussion, the following motion was made.
Lillehaug moved, Tjornhom seconded that the Planning Commission recommends
approval of the preliminary plat for Planning Case #04-23 for Lotus View Addition for 2
lots and a variance to allow a private street as shown on the plans dated received October
15, 2004, subject to the following conditions:
1. Environmental Resources Specialist conditions:
a. Tree preservation fence shall be installed prior to grading at the perimeter of the
grading limits.
b. Any trees not shown for removal that are lost due to construction activities will be
replaced at a rate of 2:1 diameter inches.
2. Submit a 30 foot wide private cross access easement against all lots and the adjacent
property at time of final plat recording.
3. Permits from the appropriate regulatory agencies will have to be obtained, including but
not limited to the MPCA and Watershed District.
4. Submit drainage calculations and drainage map for staff review and approval at time of
final plat.
5. Tree preservation fencing must be installed at the limits of tree removal.
6. Add silt fence along the perimeter of the grading limit.
7. Add to the plan the following note all sanitary services must be 6-in PVC-SDR26 and
water services 1-in copper.
8. If importing or exporting material for development of the site is necessary, the applicant
will be required to supply the city with a detailed haul route and traffic control plan.
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Planning Commission Meeting – November 16, 2004
9. The sanitary sewer and water hookup charges are applicable for each of the new lots.
The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain.
10. Add the following City of Chanhassen Detail Plate Numbers: 5200, 5203, 5204, 5300,
and 5301.
11. The private street must be built to a 7 ton design and 10% maximum grade. The
developer will be required to submit inspection reports certifying this.
12. On the plan:
a. Revise the incorrect bar scale.
b. Show the benchmark used for the site survey.
c. Show a minimum 75 foot rock construction entrance.
d. Add 5-foot side lot line easements.
e. Show the 30 foot private driveway easement.
f. Show all proposed grading contours.
g. Label the proposed house pad as a walkout or WO.
h. The gravel drive located south of the property is partially paved and should be shown
as such.
13. The applicant shall submit an erosion and sediment control plan for the proposed
subdivision. The plan should include the location of silt fencing and rock entrance/exit
access pad. Erosion and sediment controls should meet the requirements as stated in the
City of Chanhassen Erosion and Sediment Control BMP Handbook.
14. All disturbed areas shall be mulched and seeded or sodded according to the following
table:
Time
(
maximum time an area can remain unvegetated
Type of Slope
when area is not actively being worked.)
Steeper than 3:1 7 Days
10:1 to 3:1 14 Days
Flatter than 10:1 21 Days
These areas include 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.
15. Based on the proposed developed area of approximately 3.03 acres, the water quality fees
associated with this project are $3,115.00; the water quantity fees are $7,711.00. At this
time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording is $10,826.00.
16. Full park fees shall be collected at the rate in force at the time of final plat.
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Planning Commission Meeting – November 16, 2004
17. If a new driveway access was built, the existing driveway to the site off of Pleasant View
Road must be removed.
18. Building Official conditions:
a. Final grading plans and soil reports must be submitted to the Inspections Division
before building permits will be issued.
b. Each lot must be provided with a separate sewer and water service.
c. House numbers must be posted at the street and on the homes if a private drive is
utilized.
19. Access to all three lots shall be limited to the private street. Direct access is prohibited
off of Pleasant View Road.
20. That all construction parking will be required to be off road.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
PUBLIC HEARING:
REQUEST FOR AN AFTER THE FACT VARIANCE FOR THE INTENSIFICATION
OF A LEGAL NON-CONFORMING STRUCTURE BY BUILDING A CANOPY WITH
FOOTINGS WITHIN THE FRONT YARD SETBACK ON PROPERTY ZONED
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RESIDENTIAL SINGLE FAMILY (RSF) LOCATED AT 222 WEST 78 STREET,
THOMAS WILDER, PLANNING CASE NO. 04-39.
Sharmeen Al-Jaff presented the staff report on this item. Commissioner Lillehaug asked if legal
counsel had provided input on the city’s liability of having a structure within city right-of-way.
Commissioner Keefe asked for clarification on when the stoop and footings were installed.
Chairman Sacchet asked for further clarification regarding the time line of the application
submittal and approval process. Commissioner Papke asked what portion of the structure, if any,
would have to be removed if the variance were denied. Chairman Sacchet asked if neighboring
structures were within the right-of-way. The applicant, Tom Wilder, 21740 Lilac Lane who
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owns the property at 222 West 78 Street expressed his appreciation at being able to tell his side
of the story and provided the time line from when he bought the home. Chairman Sacchet
opened the public hearing. No one spoke and the public hearing was closed. After discussion
the following motion was made.
Keefe moved, Papke seconded that the Planning Commission approve the variance for the
construction of a canopy with footings without any setback and within the right-of-way
based on the findings of fact in the staff report, and with the following conditions:
1. Submit a lot survey signed by a registered land surveyor. The survey must show the
following:
a. Right-of-way, property and easement lines in relation to the existing structures.
b. Existing sidewalk location.
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Planning Commission Meeting – November 16, 2004
2. An encroachment agreement will be required if any of the existing structures are
determined to be in the right-of-way.
All voted in favor, except Lillehaug and Slagle who opposed, and the motion failed with a
vote of 4 to 2.
PUBLIC HEARING:
VILLAGE ON THE PONDS BUILDING C-1, FOOD COOP, REQUEST FOR SITE
PLAN APPROVAL FOR A 18,200 SQUARE FOOT COMMERCIAL BUILDING WITH
VARIANCE TO THE COMMERCIAL DESIGN STANDARDS ON 1.35 ACRES ZONED
PLANNED UNIT DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF
LAKE DRIVE AND GREAT PLAINS BOULEVARD, VOP I, LLC, PLANNING CASE
NO. 04-40.
Bob Generous presented the staff report on this item. Commissioner Papke asked for
clarification regarding faux windows, the percentage of windows required, and if there was
adequate parking. Commissioner Lillehaug asked for further clarification and expressed concern
with the amount of parking being proposed, architecture, the use of neon in the signage, height of
buildings, parking stalls requirements, and traffic circulation in the drop off area. Commissioner
Slagle concurred that he did not like the location or the circulation pattern of the drop off area
and traffic control requirements at the intersection of Great Plains Boulevard and Lake Drive.
Brandon Borden with Kimley-Horn and Associates explained the results from their traffic study.
Chairman Sacchet asked staff to clarify the grading plan and truck loading area. Vernelle
Clayton, 422 Santa Fe Circle spoke on behalf of the applicant. She addressed the issues brought
up by the Planning Commission such as signage, building materials, loading dock situation, 4
way stop, and the drop off/pick up lane. Commissioner Keefe questioned if 85 parking stalls
was adequate. Commissioner Slagle questioned the numbers of cars stacking up for the pick up
lane and blocking the entrance to the store. Commissioner Lillehaug asked if the applicant
would entertain changing the location of the handicap parking spaces so that it does not interfere
with the stacking of the pick up lane. He also asked Kimley-Horn to discuss further the results
of their traffic study. Chairman Sacchet opened the public hearing. No one spoke and the public
hearing was closed. After discussion the following motion was made.
Lillehaug moved, Papke seconded that the Planning Case #04-40 for an 18,188 square foot
commercial building with a variance from the commercial design standards to permit less
than fifty (50) percent of the first floor façade that is viewed by the public to include
transparent windows and/or doors, plans prepared by Milo Architecture Group, Inc.,
dated October 15, 2004, subject to the following conditions:
1.The applicant shall enter into a site plan agreement with the City and provide the necessary
security to guarantee erosion control, site restoration and landscaping.
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2.Outlot A, Village on the Ponds 8 Addition must be replatted in to a Lot and Block
configuration prior to issuance of a building permit.
3.The sidewalk in the northeast corner of the site shall be connected to the sidewalk on Lake
Drive.
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Planning Commission Meeting – November 16, 2004
4.The developer shall install bicycle racks on site.
5.Deleted.
6.All landscape islands and peninsulas in the parking lot requiring trees must have a minimum
inside width of ten feet.
7.Two overstory trees are required in the parking lot.
8.A total of seven bicolor oaks are required along Great Plains Boulevard.
9.A revised landscape plan shall be submitted to the city prior to building permit approval.
10.The building must be protected with an automatic fire sprinkler system.
11.The building plans must be prepared and signed by design professionals licensed in the State
of Minnesota.
12.An eight foot wide access aisle must be provided for one of the accessible parking locations.
13.The building owner and or their representatives shall meet with the Inspections Division to
discuss plan review and permit procedures.
14.The City’s standard detail plate for silt fence installation shall be included in the construction
plans.
15.Construction site access points shall be minimized to controlled access points with rock
entrance and exit pads installed and maintained throughout construction.
16.All exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Time
(maximum time an area can remain unvegetated
Type of Slope
when area is not actively being worked)
Steeper than 3:1 7 Days
10:1 to 3:1 14 Days
Flatter than 10:1 21 Days
Daily scraping and sweeping of streets shall be completed anytime construction site soil,
mud, silt or rock is tracked or washed onto paved surface or street that would allow tracked
materials or residuals of that material to enter the storm water conveyance system.
17.All plans must be signed by a registered Civil Engineer in the State of Minnesota.
18.Show the dimensions of the new parking stalls on the site plan. The new parking stalls are
required to be 9-feet wide by 18-feet long.
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Planning Commission Meeting – November 16, 2004
19.Add the latest City standard detail plate nos. 5203, 5214, 5215, 5300, 5301.
20.Deleted.
21.On the grading/utility plan:
a.City as-builts show the size of the existing sanitary service as 6-inch diameter; revise
the proposed pipe size shown on the plans to comply.
b.Show the proposed sanitary sewer service invert.
c.Show all proposed contours.
d.Show a minimum 75-foot rock construction entrance.
e.Revise the size of the proposed storm sewer to be a maximum of 12-inch diameter.
f. Revise the plan to show the correct elevation contours and spot elevations.
22.Installation of the private utilities for the site will require permits and inspections through the
City’s Building Department.
23.The applicant must show the location/elevation of an emergency overflow point for the
parking lot that is 1.5-feet lower than the proposed building elevation.
24.Storm sewer sizing calculations are required to be submitted at the time of building permit
application. The proposed storm sewer must be sized for a 10-year storm event.
25.Sanitary sewer and water hookup charges will be applicable for the new building. The 2004
trunk hookup charge is $1,458 per unit for sanitary sewer and $2,814 per unit for watermain.
The 2004 SAC charge is $1,425 per unit. All of these charges are based on the number of
SAC units calculated by the Met Council. These charges will be collected at the time of
building permit issuance. Sanitary sewer and watermain hookup fees may be specially
assessed against the parcel.
26.The minimum drive aisle width required for the parking lot is 26-feet. Revise the plans to
comply.
27.An NPDES permit from the MPCA must be obtained for the site grading.
28.The northbound lanes of Great Plains Boulevard, south of Lake Drive, must be striped for a
through
left-through lane and a right lane along with appropriate signage.
29. Extend the pick up area to include the area of the two handicap stalls directly
adjacent to the pick up area and relocate the handicap stalls to the south portion of
the building.
30. Install a 4 way stop sign at the intersection of Great Plains Boulevard and Lake
Drive.
31. Fire Marshal conditions:
a. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps,
trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes.
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Planning Commission Meeting – November 16, 2004
This is to ensure fire hydrants can be quickly located and safely operated by
firefighters. Pursuant to Chanhassen City Ordinance #9-1.
b. Yellow curbing and “No Parking Fire Lane” signs will be required. Contact the
Chanhassen Fire Marshal for exact location of yellow curbing and location of
signs to be installed.
c. Submit utility plans to Fire Marshal for review and approval.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
APPROVAL OF MINUTES:Papke noted the Minutes of the Planning Commission
meeting dated October 19, 2004 as presented.
Chairman Sacchet asked staff to clarify the motion that was made on page 19.
Kate Aanenson talked about items on upcoming agendas.
Chairman Sacchet adjourned the Planning Commission meeting at 10:35 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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