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CC Minutes 04-28-2014Chanhassen City Council – April 28, 2014 Mayor Furlong: Thank you everybody. Appreciate all your efforts and participation. ARBOR COVE, 3121 WESTWOOD DRIVE, APPLICANT: DOGWOOD ROAD, LLC/OWNER: WESTWOOD CHURCH: REQUEST FOR A COMPREHENSIVE PLAN LAND USE AMENDMENT OF 3.26 ACRES FROM PUBLIC/SEMI-PUBLIC TO RESIDENTIAL LOW DENSITY; REZONING OF 3.26 ACRES FROM OFFICE INSTITUTIONAL DISTRICT (OI) TO SINGLE FAMILY RESIDENTIAL (RSF); AND PRELIMINARY PLAT REVIEW OF 54.67 ACRES INTO 5 LOTS. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: Mr. Mayor, I was personally involved in the action on the part of Westwood Church to move towards this subdivision so as to not provide any opportunity for a potential conflict of interest, I’d like to be recused from this item on the agenda. Mayor Furlong: Very good, thank you. Councilman Laufenburger: Okay. Mayor Furlong: With that the remaining council will move forward in consideration of the items before us on this item so let’s start with a staff report please. Ms. Aanenson. Kate Aanenson: Thank you Mayor, members of the City Council. There’s 3 actions for this item tonight. One is a comp plan amendment. The second is a rezoning and third is approval of the preliminary plat. th This item did appear before the Planning Commission on April 15 and they did recommend 5-0 to support this proposal. The subject property is on the back portion of Westwood Church which is located off of Highway 41, just north of Highway 5 so this is the Westwood Church property and the subject property then is in the back portion of the site. The Comprehensive Plan amendment is for the back 3.26 acres which is being sold. The property is currently public/semi-public and it is being guided to residential low density. That’s how the church is using it right now is an institutional type use. So the rezoning again would be from the office institutional to the single family residential, RSF District. And then again the final would be the review so we’re actually creating 5 lots. One lot would be the existing church property and then the 4 new subdivision lots. So again kind of illustratively, oh we’re missing a g’s kind of hanging down there. Existin, so the back portion of the lot here, this is the 3. Almost 3 1/2 acres right here that would go to low density. Mayor Furlong: Ms. Aanenson, we’re seeing the. Kate Aanenson: Yes I’m on, oh. Oh my goodness. Mayor Furlong: I’m sure what you’re looking at is nice. Kate Aanenson: Yeah, I’ll go back and do my. Mayor Furlong: What we’re looking at is too but. There we go. Oh there’s the existin. Kate Aanenson: I’ll go back to this. Mayor Furlong: Alright, there we go. Thank you. 37 Chanhassen City Council – April 28, 2014 Kate Aanenson: I know, I had to switch back. Let’s go back to this one. Thanks for telling me everybody. So this is the back part of the Westwood Church. All this Westwood Church property right here. So this is what we have to re-guide because this is all zoned, or guided institutional or office so we’re changing that for the comp plan amendment. I’ve got too many buttons here so, here we are with the three different actions and then here we are with the back of the, here’s the existin. So here’s the subject property so the majority of the church, that’s the 5 lots and then the church property itself will be still remain under that zoning. Incidentally we were going to rezone this with that. Somehow they missed being bundled together but you’ll be seeing this piece come forward at a future date. It’s a piece that’s owned by the church. It’s also in the same PID that’s coming before the Planning Commission next week. So the rezoning is for 4 single family lots from office institutional to single family residential. These are the 4 lots right here. At the Planning Commission meeting there was some concern regarding sight lines. These are going to be custom lots. They’re actually going to be graded all at the same time. There’s utility work in the, utility in the fronts of these lots including cable and gas lines and the like so the site will be graded in the front portion all at once but the, otherwise they will be custom graded lots. So here’s the grading plan right here for those lots. There is a preservation easement to the back. I would recommend that you, that we change the word where it’s stated in the staff report, it’s listed a couple of times from conservation to preservation. When we do the preservation easement the staff will bring that back at final plan defining the limitations of that. How it can be used. You know swing sets, those sort of things that can go in the preservation easement so when that comes back for final plat we’ll have the terminology for that put in place but again we want to take the word conservation out and put it to preservation. We also adjusted that line on the preservation which I’ll go to in a minute but one of the issues that we had with this project is there is a drainage area going right through this property right now. The developer would have liked to see an additional, maybe one additional lot but there’s wetland here. Wetland behind the Arbors and so it’s that drainage flow that we’re trying to maintain that doesn’t end up in somebody’s rear yard or basement and so there’s a pond here that’s accommodating storm water runoff. So again this is a little bit more detail on that drawing in and of itself showing the filtration basin and how that’s being managed. So the preservation. Mayor Furlong: I’m sorry Ms. Aanenson. Kate Aanenson: Yep. Mayor Furlong: Just for clarification then on Lot 1, that’s where most of the drainage is coming through there. Kate Aanenson: Yeah there’s a. Mayor Furlong: And that triangle piece in the upper part, that is a stormwater pond? That’s being added? Kate Aanenson: Yes. A filtration pond, correct. Mayor Furlong: A filtration pond. Kate Aanenson: Yep. Mayor Furlong: So filtration pond. It’s not going to be standing water but, or what is a filtration pond? 38 Chanhassen City Council – April 28, 2014 Paul Oehme: So the pond would be designed Mayor so that after 24 hours there wouldn’t be any water there anymore. So it will filtrate into the soil. There’s going to be sandy, loamy material there. Maybe some wood chips and then the area would be planted with vegetation. Trees or smaller shrubs as well. Mayor Furlong: Is that a rain garden? Is it the same thing? Rain garden or is it something different? Paul Oehme: Basically, it’s a, yep. Yep. It’s a little bigger units like this it’s more of a, they call them filtration basins. It’s a glorified rain garden, correct. Mayor Furlong: Glorified. Write that down now. Mr. Oehme used glorified on this date. Todd Gerhardt: It’s an engineering term. Mayor Furlong: Glorified is? Okay. So the purpose there is to, when it rains. Paul Oehme: Right. Mayor Furlong: To retain the water on site. Paul Oehme: Right. Trying to capture that one inch rain event. Mayor Furlong: Okay. Paul Oehme: And infiltrate as much as we can here. Meeting our. Mayor Furlong: So how much is it capturing? Is that designed to capture the? Paul Oehme: That’s good a picture. Kate Aanenson: That’s fine. I’m just going to combine a couple things since we’re tracking here together so. Mayor Furlong: Okay. Kate Aanenson: So in order to, it’s not going to take care of all the water on the property. One of our concerns here is you know we’ve provided this is the silt fence here but part of the other way to accommodate that pond, an area would actually have to be larger to accommodate all that so another way to meet the requirement for stormwater management for SWPPP would also be to provide additional tree preservation for the extraction of the water on that and you’re on a steeper slope. These lots go down. That’s why they’re being custom graded. You’re actually going to have fantastic views but the driveways are going to be fairly steep. Mayor Furlong: Right. Kate Aanenson: So that’s another way to accommodate that is providing some additional preservation in this area. So you can see the erosion control, the concerns here in maintaining, you can see that channel a little bit more detailed right through here so it’s managing some of that but it’s not going to handle you know some of that it will be trying to hold it back up on the top end of the lot. Mayor Furlong: Okay. 39 Chanhassen City Council – April 28, 2014 Kate Aanenson: These lots are much larger than are required in the RSF district so that’s how that would be managed so, I’m sorry I jumped ahead but I was trying to answer your question. Mayor Furlong: No, that’s fine. Thank you. Kate Aanenson: So this was the original proposed preservation area that’s been modified in here. We know if we go back to Lot number 1, and I’m not sure where the house plan shows up on that. Let me back up. That’s trying to preserve this tree if it can be but that one would actually be, you can see the number 4. This house here trying to provide a reasonable back yard so in that you can see we actually, you know kind of looking at trying to push that back a little bit. Again these are custom graded. That footprint is an illustrative area of what the developer could do but depending upon your buyer, what they want to do, how it would be placed on there, so that again was a concern from, you know as the road takes the bend, making sure we look at those driveway locations as the people on the other side of the street so they’ve got good sight lines. Mayor Furlong: How successful have we been when we try to save a single tree in the front of a lot like that? Kate Aanenson: We try. We’ve noted that they’re not going to be penalized. They know they’re going to work to try to save it. It may or may not be saved. Mayor Furlong: Okay. Kate Aanenson: So we haven’t counted it as towards a save but it’s a nice tree. Mayor Furlong: And so I’m sure the future homeowner on that site would like to have that tree there as well. I guess it’s been my experience that sometimes trying to save a single tree in the front yard, it might last through the construction but. Kate Aanenson: Correct. And we’ve, yep. Mayor Furlong: Shortly thereafter you’ve got a retaining wall with nothing to be retained so. Kate Aanenson: And it was so noted on that. Depending on where the driveway goes that they wouldn’t be penalized if they could save it, and again if you look at what the Arbors, the subdivision immediately on this side here that they do have trees along here too and you can see there’s a wetland too so it kind of blends into what they’re doing there. So again modifying that preservation and we use, we’ll come back with the terms what can be put in there because you can put things in a preservation easement so we’ll bring that back with the final plat. Mayor Furlong: Okay. Kate Aanenson: Defining that preservation. I did put on your desk also, I mean at your chair the ordinance. We are recommending the rezoning of this. Again that will, the official comp plan amendment cannot come forward until the Met Council has approved that because it’s less than 10 acres we should be fast track here hopefully here within the next 15 days because we processed this while we were working through some different designs on this so that should be coming forward relatively shortly to get the amendment through. So with that, again we did work through numerous designs on this property. Some of these smaller lots are actually more challenging with the steep grades, trying to make that work and to meet the stormwater requirements but the developer and the staff have worked through those issues. I know they’re ready to come forward with a grading plan but again we’re waiting to get the 40 Chanhassen City Council – April 28, 2014 comp plan amendment but with that we are recommending approval, as did the Planning Commission and be happy to answer any questions that you have. Mayor Furlong: Thank you Ms. Aanenson. Any questions for staff? On this proposal. Councilwoman Tjornhom, did you have a question? Councilwoman Tjornhom: You know what, I don’t know if it’s a question and I probably know the answer already. I’m sure the answer is no but just in case. Because we are changing it from office to residential, we don’t need to make up those office, those office. Mayor Furlong: Acres. Councilwoman Tjornhom: Thank you. Kate Aanenson: No. Councilwoman Tjornhom: For another place. Kate Aanenson: No I would think if you look at our zoning, our land use as a whole. You know we have quite a bit of office institutional. Church uses if you look at the Eckankar campus. This is a larger campus so I think as far as that specific designation. We also have some of our schools in that district. Chanhassen High School, the elementary schools are also in that. In our office institutional so no. We’re fine. Councilwoman Tjornhom: Okay. Mayor Furlong: Any other questions for staff? Okay. So the, anything that was in the previous report that talked about conservation area or easement, excuse me will be replaced with a tree preservation area. Again the purpose for that is related to stormwater management. Kate Aanenson: That’s correct. Mayor Furlong: Correct? Kate Aanenson: It’s for stormwater. Mayor Furlong: And so, and you said there’d be some flexibility on some uses allowed and such like that. Kate Aanenson: Yes. Mayor Furlong: But I think you know what, what’s important I think too is that if you know, once somebody buys these homes and it becomes their home, they may have some uses that they’d like to use in that area and so I think then with the tree preservation agreement, they could come to city staff and say here’s something I want to do and as long as they make some accommodations for the purpose, which is stormwater management, it’s not a complete hands off. It’s managing and controlling, make sure that stormwater management is maintained. Kate Aanenson: Yeah when we looked at, when we first worked with the church and the developer looking at this property, there’s wetland right behind here so they looked at doing deeper lots but that’s the only thing. 41 Chanhassen City Council – April 28, 2014 Mayor Furlong: Okay. Kate Aanenson: And it really didn’t because you’re actually picking up more wetlands and it’s also rising steeper so. Mayor Furlong: Yeah. Kate Aanenson: Because that was always the goal is to try to give a reasonable lot size but it really wasn’t accomplishing what they’re trying to do. Mayor Furlong: Okay. Kate Aanenson: And the challenge of this, the ravine coming down so trying to work all that in so we believe that this meets all that criteria and again trying to hold some of that water back up on top through the tree preservations. Mayor Furlong: Yep. Kate Aanenson: Just so noted, it’s 7 places in there it says the word conservation so. Mayor Furlong: Okay and so that would be. Kate Aanenson: I had to check. Mayor Furlong: As part of that, what’s coming forward tonight would be, those would be changed when we go to final. Kate Aanenson: Correct. Yep. Mayor Furlong: And that would be our action we’re taking this evening would be to change those to preservation. Mr. Gerhardt? Todd Gerhardt: Just in case there’s 8, just say any. Mayor Furlong: In all cases. Todd Gerhardt: Yeah. Mayor Furlong: In all cases. Todd Gerhardt: Thank you Mayor. Mayor Furlong: At least 7. Kate Aanenson: I’ve been known to miss a few things like at the beginning of the slide show. Todd Gerhardt: Oh no. Mayor Furlong: When it comes back it’s final. 42 Chanhassen City Council – April 28, 2014 Kate Aanenson: Okay. Mayor Furlong: Alright, thank you. Any other questions for staff at this point? Is the applicant here that would like to address the council? Good evening. Todd Simning: Good evening. Mr. Mayor, council. We’re pretty excited about bringing these 4 lots on line. Mayor Furlong: I’m sorry, I know you’ve been here before. Todd Simning: Oh Todd, yeah. Todd Simning, Dogwood Development. Mayor Furlong: Thank you Todd. Todd Gerhardt: Another Todd. Todd Simning: Resident of Chanhassen so but we’re pretty excited about bringing these lots on board. They’re really nice again wooded. Doing a similar concept to what Wynsong was off of Galpin Boulevard and we did sell those lots. Obviously built them out. Everything is actually taken really well this year and everything’s established and working well so we look forward to working with staff again on this project and making another really fantastic Chanhassen development so, if you guys have questions I’m open. Otherwise we’re just excited to be here again. Mayor Furlong: Well thank you very much. Any questions for the developer? No. Thank you. Todd Simning: Thank you. Mayor Furlong: Appreciate it. Is there anybody else that’s interested in providing public comment this evening? Thank you. Let’s bring it back to council then for discussion. And just for clarification in the report it talked about a simple majority for a land use amendment. I’m told we do need 4 votes, is that correct? So just so everybody’s clear as to what’s required. And we do have the land use amendment, or the Comprehensive Plan amendment for land use, the rezoning and the preliminary plat so. Yes Mr. Gerhardt, anything you’d like to add? Todd Gerhardt: No, that was it. Councilwoman Tjornhom: He’s still counting Todd’s. Mayor Furlong: He’s counting Todd’s. Thoughts and comments. Looks like a great development and will be some beautiful homes added to our community so any other thoughts on this? Would somebody like to make a motion then? Councilwoman Ernst: I will. Mayor Furlong: Councilwoman Ernst, please. Councilwoman Ernst: I make a motion that City Council approve a Comprehensive Plan Land Use Map Amendment of 3.26 acres from public/semi-public to residential low density. Rezoning of 3.26 acres from office institutional district (OI) to single family residential district (RSF) and preliminary plat review of 56.67 acres into 5 lots subject to the conditions of approval and adopt the Findings of Fact. 43 Chanhassen City Council – April 28, 2014 Mayor Furlong: Thank you. And as far as the conditions that includes the staff’s proposed changes for the corrections. Kate Aanenson: In the ordinance for the rezoning. Mayor Furlong: In the ordinance, correct. Thank you. Councilwoman Ernst: Thank you. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Thank you. Any discussion on the motion? Hearing none, we’ll proceed with the vote. a Councilwoman Ernst moved, Councilwoman Tjornhom seconded that the City Council approves Comprehensive Plan Land Use Map Amendment of 3.26 acres from Public/Semi-Public to Residential Low Density; Rezoning of 3.26 acres from Office Institutional District (OI) to Single Family Residential District (RSF); and Preliminary Plat Review of 56.67 acres into 5 lots subject to the following conditions of approval, and Adopt the Findings of Fact and Recommendation: Parks & Recreation 1.In lieu of parkland dedication and/or trail construction, full park dedication fees shall be collected at the rate in force at the time of final plat approval. At today’s rate, these fees would total $23,200 (4 lots x $5,800 per lot). Building 1.Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 2.Engineered design and building permits are required for retaining walls exceeding four feet in height. 3.Each lot must be provided with a separate sewer and water service. 4.Demolition permits must be obtained before demolishing any existing structures. Natural Resources 1.The applicant shall plant a total of 29 trees in the development. A revised landscape plan shall be required prior to final plat approval. 2.The applicant shall remove Amur maple from the plant list and replace it with an alternate ornamental tree. 44 Chanhassen City Council – April 28, 2014 3.Prior to any grading, the applicant shall install tree preservation fencing using metal stakes around tree #33 on Lot 4. The fencing shall be placed at the dripline or the furthest point possible from the trunk and no closer than 20 feet. Within the fencing, the applicant shall spread a 3 to 4-inch layer of woodchips to protect the root zone. These protections shall remain in effect until construction is completed. 4.A tree preservationeasement shall be recorded east of the grading limits on Lot 1,over the rear 85 feet of Lots 2 through 3 and over the rear 75 feet of Lot 4. The applicant shall supply a legal description for the easement. 5.Easement signage shall be placed on the lot lines at the point of intersection with the easement on Lots 2 through 4. Signage shall be placed at points of directional change on Lot 1. Signs shall be approved by the city. Engineering 1.The grading plan shows steep slopes on Lots 2 and 4. Grading must be revised so that no slope is steeper than 3:1. 2.Grading plans must be revised to show existing and proposed elevations at each lot corner and the center of the proposed driveways at the curb line. 3.The developer’s engineer must revise plans to include spot elevations and building corner elevations that direct water flow away from all structures. 4.Grading plan must show spot elevations to illustrate where water will flow at the back of Lot 3. 5.The EOF shall be noted with arrows showing the direction of the overflow. 6.Include a lot benching detail in the plans. 7.Draintile service must be provided for Lots 3 and 4, which have drainage flows from the back to the front of the lot. 8.Proposed stockpile areas must be indentified in the plans. 9.All existing easements shown in the plans must be properly referenced with the document number or plat they were dedicated under. 10.A preservationeasement is proposed along the back of Lots 2, 3 and 4 as well as the east corner of Lot 1. 11.A new drainage and utility easement over the filtration basin and the channel on Lot 1 will provide the City access to these stormwater facilities. 12.The developer’s engineer must include the elevation of the top and bottom of the retaining walls. 45 Chanhassen City Council – April 28, 2014 13.The following retaining wall materials are prohibited: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. 14.Grading must be revised to include a swale at the top of the retaining walls for drainage. 15.The topography shown must include elevation contours for Dogwood Road adjacent to the proposed lots. The centerline gradients must be labeled. The developer’s engineer must incorporate pressure-reducing valves and a surge protection system into the watermain plans. 16.At the time of final plat, the Dogwood Road improvements assessment must be paid or reassessed. 17.Partial water and sewer hookup fees must be paid at the time of final plat. Water Resources 1.A Stormwater Pollution Prevention Plan (SWPPP) including all required elements listed in the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination System/State Disposal System Program must be prepared and submitted to the city for review and approval. 2.No native soils may be used in the filtration soil. Instead Mix B from the MN Stormwater Manual - 70% washed sand and 30% leaf-litter compost mixture shall be used. 3.Pretreatment practices to be employed shall be shown on the plan view and in the detail sheet. This shall be shown at the curb cut. It is highly recommended that something similar to the Rain Guardian developed by Anoka Conservation District be used. The pretreatment device must be approved by the City. 4.It shall be called out on both grading plans that steps shall be taken to prevent compaction and siltation of the area resulting from construction activities on the site. 5.Remove the filter fabric from the detail and use a choker course of rock instead. 6.The underdrain shall be smooth walled and have a tracer wire. 7.A knife gate valve shall be included prior to the underdrain entering the proposed 27-inch manhole. This valve shall be reasonable easy to access. 8.Calculations shall be provided demonstrating that the feature will draw down within 48 hours. 9.Efforts shall be made to decrease the depth as close as possible to the 9.6 inches but no greater than the 14.4 inches recommended for MH HSG B soils. 10.Side slopes shall be no steeper than 5:1 and as close to 10:1 as possible except that the south boundary may be up to 3:1. 46 Chanhassen City Council – April 28, 2014 11.The feature shall be kept offline until the vegetation has been established. Plans and the SWPPP must include this information and describe the methodology to be used to achieve this. 12.A detailed planting plan and schedule must be developed and included in plan set for approval 13.The in-situ soils shall be ripped to a depth of 12 inches prior placing the amended filtration soils. 14.The developer shall be responsible for the construction of the biofiltration feature and shall make assurances that the plant materials, mulch and side slopes into biofiltration feature are maintained throughout the life of the feature. This is most typically accomplished though a Homeowners Association. The city will be responsible for maintenance of the underdrain, outlet pipe and inlet protection device at the curb. An operations and maintenance manual shall be developed describing how the feature will be maintained and by who will be responsible for the maintenance. 15.The applicant shall include tree 119 and 129 into the protection plan. 16.The drainage and utility easement shall extend from top of bank to top of bank for the proposed channel. 17.The 988 and 986 contours shall be broadened to create a more laminar flow before discharging onto city right-of-way. 18.The plan shall maintain a separation of at least two (2) feet between peak flow elevation in the channel during the 100-year storm event and the top of bank for that portion behind the proposed structure on Lot 1. 19.The SWPPP as well as the erosion control plan must indicate how the conveyance from the wetland will be permanently stabilized. 20.A detail of the rock checks must be included. This shall be consistent with Technical Supplement 14C to Part 654 of the National Engineering Handbook. 21.An estimated surface water management connection fee of $14,066.50 will be due with the final plat. 22.The plans must meet all requirements set forth by other agencies with authority over the site. The applicant is responsible to procure all necessary approvals and permissions. This includes, among others, the MN Pollution Control Agency and the Minnehaha Creek Watershed District. Planning 47 Chanhassen City Council – April 28, 2014 1.Lots 1 through 4 are the only lots included in the land use map amendment from Public/Semi-Public to Residential Low Density. 2.Approval of the Land Use Amendment is subject to Metropolitan Council determination of consistency with system plan. 3.Lots 1 through 4 are the only lots included in the rezoning from Office Institutional District to Single-Family Residential. 4.Approval of the Rezoning is contingent upon approval of the final plat and execution of the development contract. All voted in favor and the motion carried unanimously with a vote of 4 to 0. (Councilman Laufenburger rejoined the council for the remainder of the meeting.) COUNCIL PRESENTATIONS. Mayor Furlong: Let’s move to council presentations. Any council presentations? One, for people interested, the Southwest Metro Chamber of Commerce asked that we provide an update for their members in conjunction with the County on some of our projects going on in town. The 101 river th crossing and such and that is on, that’s going to be on the morning of May 6, is that correct? th Todd Gerhardt: Tuesday, May 6. th Mayor Furlong: Tuesday, May 6. Mr. Gerhardt will be there. I think Mr. Oehme. It will be at the American Legion. Todd Gerhardt: Yes. Mayor Furlong: 7:30 registration and will you include representatives from the County? County engineer will be there as well so if anybody’s interested in finding out. You don’t have to be in business a member of the chamber. Anybody is welcome but if you’d like to find out about some of the projects that are going on, many of them in the southern part of our city. The 101 river crossing. The lower Wye. Lyman Boulevard. Some other projects. Paul Oehme: 101. Mayor Furlong: 101. Pioneer. Todd Gerhardt: Highway 5. Mayor Furlong: Highway 5. Lots of things going on so if people are interested in learning about that th and enjoying a breakfast at the Legion May 6, you can register with the Southwest Metro Chamber website. Let me see, any other comments? Presentations. Mr. Gerhardt, administrative presentations. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: You took my item Mayor. 48