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PC Minutes 06-17-2014 CHANHASSEN PLANNING COMMISSION REGULAR MEETING JUNE 17, 2014 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Lisa Hokkanen, Kim Tennyson, Maryam Yusuf, and Dan Campion MEMBERS ABSENT: Steve Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: th Travis Simon 23110 – 320 Street, LeCenter, MN 56057 Mike Langer 30676 County Road 24, Sleepy Eye, MN 56085 Tim Paine 2345 Fawn Hill Court Dick Glover 2357 Fawn Hill Court M. Marcotte 7240 Galpin Boulevard I-Fei Tsu 9210 Ellendale Lane Jeff Schoenwetter Homestead Partners Theresa Bentz 7280 Galpin Boulevard Marlene Bentz 7300 Galpin Boulevard st Wendy Peterson Born 555 West 1 Street, Waconia Charlie Wiemerslage Sather-Berquist OATH OF OFFICE: Chairman Aller administered the Oath of Office to Dan Campion and welcomed him to the Planning Commission. PUBLIC HEARING: 9111 AUDUBON ROAD: REQUEST FOR AN INTERIM USE PERMIT FOR APPROXIMATELY 40,000 CUBIC YARDS OF FILL TO BE PLACED ON PROPERTY ZONED AGRICULTURAL (A2) AND LOCATED AT 9111 AUDUBON ROAD. APPLICANT: MATHIOWETZ CONSTRUCTION COMPANY. OWNER: GAYLE DEGLER, PLANNING CASE 2014-17. Fauske: Good evening Chairman Aller, members of the Planning Commission. Tonight we have an Interim Use Permit application for the property located at 9111 Audubon Road, Planning Case 2014-17. The applicant is Mathiowetz Construction. The property owner is Mr. Gayle Degler. The property is located on the southeast corner of Lyman Boulevard and Audubon Road. It’s currently being used for agricultural purposes. An Interim Use Permit is required whenever grading exceeds 1,000 cubic yards. The Lyman Boulevard project between Audubon and Powers is currently under construction and the applicant in this instance is the contractor for the project and proposes to place 40,000 cubic yards of fill in the northeast corner of the site adjacent to the Lyman Boulevard project. This graphic was also included in the packet and it shows the existing and proposed conditions within the site. The area in yellow indicates the area that they would be placing some fill. This has been adjusted based on staff’s comments with regards to limiting the grading within the drip line of the trees so this graphic has been modified by the applicant. But this just shows an indication of the existing condition shown in the light purple and the pink and the proposed condition shown in blue. There is an area of concentrated flow to Chanhassen Planning Commission – June 17, 2014 the east that’s caused some erosion issues in the past so the proposed fill on the site actually helps to alleviate that situation. As I had stated before there’s a, the erosion issue currently on the site would be alleviated with the proposed fill on the site. Also stated that there’s a drip line along the Bluff Creek primary zone that the grading has to stay out of. As well with the proposal staff recommends that an erosion control escrow be provided. That number is included on page, page 3 of the staff report with the recommendation on page 4 and it’s a low dollar amount than what we’ve seen in the past and the reason is, is because the applicant, as I mentioned is the contractor for the Lyman Boulevard project so there are many securities in place for that project so we simply just had a simple erosion control escrow for this proposal with the bulk of the security being taken through the Lyman Boulevard project. As well we recommend that the IUP to end with the substantial completion of the Lyman Boulevard project. At this point the staff has provided a recommendation for the Planning Commission to recommend to the City Council to approve the Interim Use Permit to allow the site grading for approximately 40,000 cubic yards of fill subject to the conditions of approval and adopt the Findings of Fact in the staff report. And with that I would be happy to answer any questions that the commission might have at this time. Aller: So the new grading will hopefully stop any further erosion? Fauske: Correct. Aller: And in fact it looks to me like it would increase the filtration so we get better filtration of the actual ground waters that comes in. Fauske: It slows the, it slows the ground water down. Or the water down as it goes through there. They’ve eliminated the area of concentrated flow. They’ve created a sheet flow so instead of channeling it to one particular location it sheet flows across the entire area that’s being filled. Aller: Great. Any other question from commissioners? Would the applicant like to come forward? I-Fei Tsu: Is it still agricultural use of that area? Aller: Sir are you a member of the public or are you the applicant? I-Fei Tsu: I’m a resident. Aller: A resident, okay. We’re going to open up the public hearing in a second here and then we’ll entertain any questions you have. I-Fei Tsu: Alright. Aller: Great, thank you. So does the applicant wish to make any statement at this time? Okay, seeing nobody come forward we’ll go ahead and open the public hearing. Sir if you’d come forward. State your name and address for the record and then you can speak for or against it or ask questions. Come on forward so we can hear you for the record. I-Fei Tsu: My name is I-Fei Tsu and I live in 9210 Ellendale Lane. Aller: Welcome Mr. Tsu. I-Fei Tsu: Chanhassen and I just want to make sure it still remain agricultural use after the grading. Is that correct understanding? 2 Chanhassen Planning Commission – June 17, 2014 Fauske: I can answer. They’re not proposing to change the land use associated with the site. The proposal is simply to place some fill within the existing property. I-Fei Tsu: Okay, just putting, okay. Fauske: Yeah. Aller: So if it was to change in the future there would be another hearing on this. Any additional individuals wishing to come forward to speak either for or against or opportunity to ask questions. Tim Paine: Tim Paine, 2345 Fawn Hill Court. I’m actually here for another issue but I was just an idle question is that when the fill is brought in, where is it coming from, what’s it’s quality and what compaction will it be brought to? To insure that what you were saying that the erosion control was actually better than what you have right now. Fauske: The fill is coming from the Lyman Boulevard construction project. At this point since it’s not proposed to be supporting any kind of foundation of that matter, they don’t have any compaction per se as far as required bearing loads. Perhaps if the applicant wishes to elaborate on this he’s certainly welcomed to do so but it’s simply to compact it to insure that it won’t erode away to the best of their ability. They’ll track the slope in order to try to break up some of the flow conditions while vegetation establishes. Aller: Any additional questions? Okay, seeing no one come forward we’ll close the public hearing on the matter and open it up for commissioner comments. We’re not substantially changing the property. Looks like we’re going to at least make an effort to stop the erosion. There’s a NPDES permit for Lyman so we should be covered there. I’ll entertain any motions. Undestad: I’ll make a motion then. Recommend that the Chanhassen Planning Commission recommends the City Council approve the Interim Use Permit to allow a site grading of approximately 40,000 cubic yards of fill subject to conditions of approval and adoption of the attached Findings of Fact. Aller: I have a motion. Do I have a second? Tennyson: I’ll second. Aller: Having a motion and a second, any further discussion? Undestad moved, Tennyson seconded that the Chanhassen Planning Commission recommends that approve the interim use permit to permit site grading, plans prepared by the City Council Mathiowetz Construction Company, dated May 2, 2014, subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: 1.Grading must be kept out of the Bluff Creek primary zone. The plans shall be revised such that no fill is placed beyond the drip line of the wooded area. Erosion control fencing shall be placed at the edge of the drip line and the topsoil berm uphill from the silt fence. 2.The SWPPP must identify the Bluff Creek impairment for turbidity and the location of Bluff Creek. 3.Silt fence shall be installed and inspected prior to beginning grading operations. 3 Chanhassen Planning Commission – June 17, 2014 4.Silt fence shall be installed using metal t-posts. 5.An erosion control escrow in the amount of $1,500.00 shall be provided prior to commencing grading operation. 6.The interim use permit shall end with the substantial completion of the Lyman Boulevard (CSAH 18) project from Audubon Road to Powers Boulevard. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: VISTAS AT BENTZ FARMS: REQUEST FOR REZONING FROM AGRICULTURAL ESTATE (A2) TO RESIDENTIAL-LOW & MEDIUM DENSITY (RLM); CONDITIONAL USE PERMIT TO PERMIT DEVELOPMENT WITHIN THE BLUFF CREEK CORRIDOR; AND PRELIMINARY PLAT WITH VARIANCES CREATING 15 LOTS, 4 OUTLOTS AND PUBLIC RIGHT-OF-WAY ON 25.65 ACRES LOCATED AT 7280 AND 7300 GALPIN BOULEVARD. APPLICANT: HOMESTEAD PARTNERS, LLC, PLANNING CASE 2014-18. Aller: And we’ve received the report and before we get going on that we have received a letter dated June 12, 2014 from Homestead Partners signed by Tom Strohm, the Project Manager of Land Development and we just received this. We’ve done the best we can to read it and incorporate it and we’d love to hear about it during the presentation. So with that we can move forward. Generous: Thank you Chairman Aller, commissioners. This is, the project is Vistas at Bentz Farms, Planning Case 2014-18. Homestead Partners is the developer of this project. Property is located on th Galpin Boulevard, just north of West 78 Street on the west side. It actually consists of 3 parcels. There’s a vacant parcel in the northwest corner of the property and then the farmstead site on the south side and then homestead site in the central, north central portion of the property. The request is for a rezoning of the property from Agricultural Estate District to Residential Low and Medium Density. A condition use permit for development within the Bluff Creek corridor and preliminary plat with a variance for use of a private street creating 15 lots and 4 outlots with the dedication of public right-of-way. The Homestead Partners letter, memo that I provided to you is their response to the staff recommendations in the report. Most of this is technical details that will be resolved between preliminary and final plat. They have to provide us with additional information and so he’s trying to clarify that. They are working on the private street has an island area within it and they’re looking at whether or not they can continue to have that or because the design wasn’t clear as part of their submittal and so they’re asking if it’s a sunken design would the Fire Marshal allow that so we’re working that out with him. I did submit that to him for review and he hasn’t gotten back to me on that as of yet. The one item that I can clarify is the applicant was requesting some type of hybrid credit for the parks and recreation. I did contact the Parks Director and he said there’ll be no credit involved with this because Sugarbush Park is located a quarter mile north of this site and so the City has park facilities available. Also under the residential low and medium density, part of the intent is to preserve large areas of permanent open space. Upland areas of open space and that I’ll show as part of the review that they are providing that. In exchange they get smaller lot sizes for some of their development and so that’s the exchange we were looking at. So those were the two major issues. The areas currently zoned Agricultural Estate District, it’s really a holding category. To the north of it is the Fawn Hill development and that is zoned Single Family Residential. To the west, northwest is the Longacres development which is a Planned Unit Development Residential. Both of those are single family homes and then to the southwest is the Vasserman Ridge development and along that specific edge there are both single family homes and a twin home development. To the south is approved 4