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CC Minutes 05-27-2014Chanhassen City Council – May 27, 2014 ND BLACK WALNUT ACRES 2 ADDITION; 6260 CHASKA ROAD, OUTLOT A, BLACK WALNUT ACRES; FAZEL AND SARIKA HARIS: APPROVE RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT WITH VARIANCES TO SUBDIVIDE 2.4 ACRES INTO ONE LOT ZONED SINGLE FAMILY RESIDENTIAL. Kate Aanenson: Thank you Mayor, members of the council. This item appeared before the Planning th Commission on May 6 and they did recommend approval of the subdivision, or the replat. The property’s located on 6260 Chaska Road. A portion of this property does go into Shorewood which I’ll go into a little bit more detail in a minute. Gets access again off of Chaska Road and the property itself is, was originally 3.27 acres and a home was built on this property and this was put into an outlot. So the property that’s in Shorewood, when this came in in 1966 when the house was built Shorewood put a condition on there that the city should provide access to this property and one of the concerns we had with people looking at that is, there’s some wetlands. Significant trees in the area. Whether or not that would be prudent to build a house back there or how that would work out so the applicants have talked to Shorewood. Have offered to donate to Shorewood. If not then we would put a conservation easement on that property so, because really you wouldn’t want to put an access coming off the, on the slip on lane onto Highway 7. It’s not good access and it really doesn’t make a lot of sense to come through this property so the, again the family that’s going to be building on that was patient when we tried to resolve all of these issues. Working with Shorewood to make sure we’re not land locking a piece of property which is not good planning. So this is what it looks like right now. The existing home on Lot 1, Block 1 and the outlot is what’s being platted tonight and that’s the 2.4 remnant acre so this is actually a replat. In the original report that went to the Planning Commission we looked at extracting park and trail fees. Because it’s a replat we can’t do that so it was modified for your staff report. So the zoning and the land use. Mayor Furlong: And I’m sorry Ms. Aanenson, if I can interrupt. When you say replat, the most recent platting of this property called it an outlot. Kate Aanenson: Correct. Mayor Furlong: And now it’s going to be. Kate Aanenson: A lot that’s. Mayor Furlong: Of record. Kate Aanenson: Yeah so you would have taken the fee at the time with the outlot. Mayor Furlong: Okay. Kate Aanenson: So we’re looking at our ordinances when we do that. We did a few of those back, we had areas of 1 per 10 where we looked at providing that so we’ll look at our ordinance right now. We didn’t provide for that when we did, we haven’t done that many of them recently but there are some that are sitting out there. Mayor Furlong: Okay. Kate Aanenson: So. Mayor Furlong: Thank you. 6 Chanhassen City Council – May 27, 2014 Kate Aanenson: Going forward if we were to do anymore of those. The land use and the zoning is for low density and that’s what this house would come in at. Meeting the requirements of the low density. If you recall there was a subdivision of the lots just immediately to the west of this. There’s one existing house that got replatted but the applicants are looking at just putting one home on there. It’s pretty hilly. There’s some wetlands there so trying to get a driveway back in through here. Try to get another lot it’s you know you’re, and as you look at that slip on lane, saving those trees provides for noise attenuation. A better buffer so they found a house that works on there for them with good access and the other thing I wanted to point out is this neighbor did show up to the Planning Commission. Had some concerns about tree removal so this is the only area that’s being disturbed in that this is kind of the limits of the grading of that site so the home that sits back here then, they would still be preserved by the existing trees and there is no preservation or conservation on this area because of what’s being preserved it provides the stormwater extraction so that, because they’re not really disturbing very much at all so the proportionality is related to how much is being disturbed. Just to make sure that we’re being consistent on how we apply those applications. Mayor Furlong: Okay, thank you. Kate Aanenson: So with that we are recommending approval. I did hand out for you. We are, because there’s no public improvements or development contract, there is a resolution that needs to be approved with this so that was handed out to you. It was noted. We did do a revised staff report. But we are recommending approval of the preliminary and final plat to create this lot and then adoption, and Findings of Fact and adoption of the resolution and with that I’d be happy to answer any questions that you have. Mayor Furlong: Thank you. Just a couple clarifying questions before I open it up to council. The resolution that you distributed. Kate Aanenson: Yes. Mayor Furlong: Is that consistent with the recommendation within the staff report? Kate Aanenson: Yes it is. Mayor Furlong: Okay. Alright. And then the item on the agenda that was published indicated variances. Are there any variances being sought here or is that just for publication? Kate Aanenson: We’ve learned to notice it with variances because if we discover them later then we have to republish them so just in case when we’re going through it we do find a variance so. Mayor Furlong: But at this time have there been any variances found? Kate Aanenson: No. Mayor Furlong: There are no variances. Kate Aanenson: No, there are no variances, that’s correct. Mayor Furlong: Being requested as part of this. Kate Aanenson: That’s correct. Mayor Furlong: Thank you for the clarification. 7 Chanhassen City Council – May 27, 2014 Kate Aanenson: I guess we were looking at that if we couldn’t resolve the issue with Shorewood providing access that might have created a variance for having a public/private drive. Mayor Furlong: And that makes a lot of sense for efficiency standpoint but I just wanted to confirm that there weren’t any because I didn’t see it. Kate Aanenson: That’s correct. Mayor Furlong: Thank you. Any questions for staff by council? Councilwoman Ernst. Councilwoman Ernst: Kate can you, when I’m looking at the grading and the drainage, can you talk a little bit about the water runoff and I’m looking at it in terms of where, how far is it from when it flows to either side of the house? It looks like there’s some work being done there but I’m just curious to know what that looks like. Kate Aanenson: As far as the location here? Councilwoman Ernst: Yep. Kate Aanenson: Of this area. Well the minimum would be 10 foot setback. I’m sorry I don’t have the survey in front of me but it’s at least 10 feet for the minimum. Councilwoman Ernst: So this is before it flows into the wetland. Kate Aanenson: Correct, yes. And there’s, there’ll be buffer around that too so. So the Water Resources Coordinator looked at this and it does meet all the city requirements for ordinances for stormwater management. Councilwoman Ernst: Okay. Mayor Furlong: Thank you. Any other questions for staff? Kate Aanenson: I can answer that question more specifically. In the staff report it does state that the new grading will raise the elevation as much as 8 feet to direct the water either side of the proposed house before it flows into the wetland so. Councilwoman Ernst: Right and I was just curious on you know what that distance was on either side of the house. But I think you already talked about that. Kate Aanenson: Yeah. The applicant or the homeowners are here, they may be able to address that question. The Haris’s. Mayor Furlong: Okay. Any other questions for staff? Ms. Aanenson real quick clarification question on the first condition under Engineering Conditions it talks about, on the resolution it talks about stormwater management fees, park dedication fees and GIS fees. Is that still an accurate requirement. Kate Aanenson: Thank you. That should be struck, park dedication fees. Mayor Furlong: Stormwater management fees are still being assessed? 8 Chanhassen City Council – May 27, 2014 Kate Aanenson: Let me look at that. No. Mayor Furlong: So stormwater management fees are not required as part of this replatting? Kate Aanenson: Correct. Mayor Furlong: And then I did notice, I think it was in the staff report that the, under assessments page 7 of the staff report it talks about the assessment for the street project that was completed last year. Kate Aanenson: That’s correct. Mayor Furlong: And this says here that at time of final plat this assessment must, plus additional accrued interest must be paid or reassessed. Should that be included in this engineering condition or is that somewhere else in this resolution already? And I’m just glancing through it so maybe it’s already in someplace else. Todd Gerhardt: We can add it. Mayor Furlong: Under Engineering Conditions? Todd Gerhardt: Yeah. Mayor Furlong: Okay. We want to for that as assessments. We’ll incorporate that sentence from page 7 of the staff report. Kate Aanenson: Thank you for catching that. Todd Gerhardt: Mr. Mayor, council members? Mayor Furlong: Yes. Todd Gerhardt: On page 6 it also references the setbacks so ordinance is 30 feet front and rear. 10 feet on the sides and it looks like they’re exceeding that with 30 feet on the sides and 25 feet on the buffer. Mayor Furlong: Okay. Thank you. Are the Haris’s here or? Fazel Haris: Yes. Mayor Furlong: Good evening. If you’d like to come up if there’s anything you’d like to add to this. Fazel Haris: Good evening. Mayor Furlong: Good evening. If you could state your name and address, and we’ll remove the napkins. Fazel Haris: Fazel Haris. We currently live in a rental townhome. Sarika Haris: And Sarika Haris and our address is 16893 Saddlewood Trail, Minnetonka, 55345. Fazel Haris: And our children, Samika and Seona. Mayor Furlong: They picked a good night to come to the council meeting. 9 Chanhassen City Council – May 27, 2014 Fazel Haris: Yes they did. Sarika Haris: The cake. Mayor Furlong: Or the cake, yeah. We don’t have cake all the time so that’s good. That was good. Anything you’d like to add or any comments you’d like to make. Fazel Haris: No, it’s been a pleasure working with the City. We have been, we want to make sure that we work within all the ordinances and all the legalities around it so we’ve been diligent in getting the wetland. One question I could address. Mayor Furlong: Sure. Fazel Haris: The one about that assessment. Mayor Furlong: Yes. Fazel Haris: That was, I think the note was from end of the year. At the time of purchase we did pay that off. Mayor Furlong: Oh that was already assessed. Already cleared. Okay. Fazel Haris: Yeah. And then there was some other drainage conditions. We are working with a surveyor to make sure we meet all that. Mayor Furlong: Okay. Fazel Haris: We have a list of things we’re working on. It should all be ready within a week or so. Getting close. Mayor Furlong: Alright. Very good. Any questions of Mr. and Mrs. Haris? No. Thank you. Fazel Haris: Thank you. Sarika Haris: Thank you. Kate Aanenson: I also just want to compliment Sharmeen Al-Jaff who worked on this with them and yeah, I think everybody found a good solution. We had a few problems just trying to get things started but ended up with a good solution here to get a nice house for this family. Mayor Furlong: Excellent. Mr. Laufenburger, question or. Councilman Laufenburger: Yeah I do have a question. Kate, can you just talk a little bit about the intersection between city of Chanhassen and city of Shorewood and managing that conservation easement. How do we make that happen? Can you just speak to that a little bit please? Kate Aanenson: Yeah, we have a pre-condition, it’s on a site plan agreement and so, and what we asked is that if Shorewood could use it for stormwater management, which they said they may like, that he would dedicate and describe that property. Give that to them. Or he could put a conservation easement on it because we’ve, otherwise we’ve created a landlocked by not putting the driveway in and Shorewood 10 Chanhassen City Council – May 27, 2014 is agreeable to either one of those. If they don’t want then they would be willing to accept a preservation or easement on there so some family in the future doesn’t try to then come in for variances. Have a piece of property there and try to get access to it. Councilman Laufenburger: So most importantly that, the use of that land is really subject to city of Shorewood guidance with those two stipulations. One of those two things, is that what you’re saying? Kate Aanenson: That’s correct. Yes. Councilman Laufenburger: Okay. So there’s nothing, we at City of Chanhassen, we don’t have a responsibility to watch that property. It is the City of Shorewood’s responsibility, correct? Kate Aanenson: But for that there was a condition on the previous plat that said that they wanted to make sure that there was an access to that property so that’s the condition we’re trying to resolve. Because we’re taking that condition off providing access by conveying it in a way that it doesn’t, it no longer is necessary. So this is what I’m saying, this was one of the hurdles we tried to work out so it took a lot of meetings between City of Shorewood trying to resolve that. Councilman Laufenburger: Okay. Kate Aanenson: So we don’t want that to come up later at a future date so we’re taking away the condition by either giving it to Shorewood or providing it in a conservation so it’s not buildable. Councilman Laufenburger: But clearly there will be no access to that land from city of Chanhassen? Kate Aanenson: What we’ve learned sometimes is sometimes properties go tax forfeit and then there’s an unintended consequences of some action and that’s what we’re trying to resolve. Councilman Laufenburger: Okay, alright. Thank you Kate. Thank you Mr. Mayor. Mayor Furlong: Thank you. Any thoughts or comments by members of the council? Councilwoman Tjornhom: It seems pretty cut and dry. It always good to see a family moving to town. Mayor Furlong: Absolutely. Absolutely. It seems fairly straight forward. If somebody, Councilwoman Tjornhom would you like to make a motion? Councilwoman Tjornhom: Sure. Is it on this screen? Mayor Furlong: We’ll get there and there will be the resolution. Councilwoman Tjornhom: Let’s see. I make the recommendation that the City of Chanhassen, I’m sorry the Chanhassen City Council recommends. I’m sorry. The Chanhassen Planning Commission recommends the City Council approve A, the preliminary and final plat to create Lot 1, Block 1, Black nd Walnut Acres 2 Addition and adoption of the attached Findings of Fact and Recommendation. And adoption of the resolution. Mayor Furlong: And for the resolution we had talked about striking the surface water management fees under Engineering condition number 1. Park dedication fees. And I guess Mr. Knutson, even though they said they paid the assessments we should probably include a statement any assessments need to be paid. 11 Chanhassen City Council – May 27, 2014 Roger Knutson: That’s fine. Mayor Furlong: If there aren’t any, there aren’t any. Roger Knutson: Sure. Mayor Furlong: Okay. If that, Councilwoman Tjornhom. Councilwoman Tjornhom: Sure, yep. Mayor Furlong: Is that okay for the resolution? Councilwoman Tjornhom: Absolutely. Mayor Furlong: Thank you. So the motion for the City Council to adopt the preliminary and final plat as stated by Councilwoman Tjornhom has been made. Is there a second? Councilman Laufenburger: Second. Mayor Furlong: Thank you. Any discussion on the motion? Hearing none we’ll proceed with the vote. Councilwoman Tjornhom moved, Councilman Laufenburger seconded that the City Council approve a Preliminary and Final Plat for Black Walnut Acres Second Addition to replat 2.4 acres into one lot on property zoned Single Family Residential (RSF) and located at 6260 Chaska Road (Outlot A, Black Walnut Acres), Planning Case 2014-12, as shown in plans dated Received April 4, 2014; adoption of the attached Findings of Fact and Recommendation; adoption of Resolution 2014- 37, and subject to the following conditions: Engineering Conditions 1.Before the final plat is recorded the GIS fees must be paid as well as any recording fees not collected with the final plat application. 2. At the time of final plat all unpaid assessments plus additional accrued interest must be paid or reassessed. Environmental Resource Conditions 1.The applicant shall plant one 2½” diameter overstory tree in the front yard. Building Official Conditions 1. Appropriate permit(s) required for the demolition or moving of any existing structures. 2. A final grading plan and soils report must be submitted to the Inspections Division before building permits can be issued. 12 Chanhassen City Council – May 27, 2014 3. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 4. Each lot must be provided with separate sewer and water services. Water Resources Coordinator Conditions 1.Prior to any earth-disturbing activities, the applicant shall provide a completed wetland delineation report and a Minnesota Wetland Conservation Act Application for Approval of Wetland Type and Boundary. Upon concurrence with the delineated boundary, construction activities may proceed. 2.Wetland buffer monuments will need to be placed along the wetland buffer consistent with section 20-411 of Chanhassen City Code. 3.A detailed erosion control plan consistent with Chapter 19 of Chanhassen City Code will be required with the site plan/building permit application. Engineering Conditions 1.The developer must submit a soils report to the City indicating the soil conditions, permeability and slope. 2.The grading plan must show drainage arrows for proposed and existing water flow. 3.The developer’s survey shall show the benchmark location and elevation on the plan. 4.In order to understand the proposed grading, more spot elevations must be added. The plan needs to show a spot elevation at the center of the driveway at the curb line as well as the proposed elevation at the corners of the proposed building. 5.The plan shall be revised to show locations of any proposed stockpile areas. 6.The grades must be revised so that no slope is steeper 3:1. 7.The driveway must be revised to have one access from Chaska Road instead of the horse- shoe driveway shown. 8.The driveway must be outside of the 10-foot sideyard setback from the property line. 9.The services for the proposed house must be directionally bored to the water main and sewer main located on the south side of Chaska Road. 10.Partial water and sewer hook-up fees are due at the time of final plat. 11.The developer shall make revisions as necessary to address comments from MnDOT and other stakeholder agencies. 13 Chanhassen City Council – May 27, 2014 Planning Conditions 1.Approval of the subdivision is contingent upon the applicant dedicating a conservation easement and restriction over the vacant parcel located in the City of Shorewood to remain as open space. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Thank you everybody. Appreciate your good work and welcome. Let’s move on. THTH 3010 WEST 78 STREET REZONING, NORTHWEST CORNER OF WEST 78 STREET AND HIGHWAY 41, WESTWOOD COMMUNITY CHURCH: REQUEST FOR REZONING FROM RURAL RESIDENTIAL (RR) TO OFFICE/INSTITUTIONAL (OI) OF 1.25 ACRES. Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: Mr. Mayor, I think it’s appropriate that I recuse myself for this particular item. Mayor Furlong: Thank you. Let’s start with a staff report then on this rezoning request of the property th located at 3010 West 78 Street. Kate Aanenson: Thank you Mayor, members of the City Council. This item did appear before the th Planning Commission at their May 6 meeting and they did recommend approval of the rezoning and land use amendment. So again there’s two actions for you. This property is located off of Highway 41 th and West 78 Street. The corner of the property. The church bought this property and another property and combined them and I’ll go through that in a minute but the land use for this area is actually guided for public/semi-public. The one house that we’re speaking of is actually low density residential and the zoning for this is office institutional. The church actually when they bought the properties, they have one PID which is kind of anomaly but since they’re owned and we were going through the comp plan amendment which we just found out last week for the Cove was approved. This missed that application but we are going to go forward with a land use amendment on that since it’s owned by the church and it makes sense as we’re cleaning up the areas and replatting in the area. So I just wanted to go through the history of the property so this illustration shows when the church bought the property there was two th homes on West 78 and when we did the sewer project back through there and then the Arbors came through, the church bought both those homes and removed one to get that through. We actually put a public street through there to give them additional access to their parking lot so they, in their due diligence to expedite that construction bought that house and then so now they own this whole property which is called the Hope House. Again it’s under the same PID so really what the intent here is to, to kind of clean up the situation as it exists out there today and reflect what’s really happening and that’s owned by the church. Again this does require a land use amendment. Normally you don’t re-guide something that’s inconsistent but it’s our intention as is stated in the Comprehensive Plan, if you’re showing that it’s your intention to go through with that, then that would be fine and it is our intention to clean that up. The plat that’s coming through on the Cove will also clean up some of the right-of-way here because they just put it through the church property where. Mayor Furlong: I’m sorry, could you, we’re still looking at the. Kate Aanenson: I’m sorry. 14