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PC SUM 2014 09 02 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES SEPTEMBER 2, 2014 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Steve Weick, Lisa Hokkanen, and Dan Campion MEMBERS ABSENT: Kim Tennyson, Mark Undestad, and Maryam Yusuf STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: Marlene Bentz 8596 Powers Place Tim Pane 2345 Fawn Hill Court Rich Glover 2347 Fawn Hill Court Theresa Bentz 7280 Galpin Boulevard Lynda DePoe 13377 Europa CTN, Hugo PUBLIC HEARING: VISTAS AT BENTZ FARM: 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 APPROXIMATELY 19 ACRES OF PROPERTY LOCATED AT 7280 AND 7300 GALPIN BOULEVARD. APPLICANT: HOMESTEAD PARTNERS, LLC, PLANNING CASE 2014-18. Bob Generous presented the staff report on this item. Chairman Aller asked for clarification on what had changed since the last request before opening the public hearing. The developer, Matt Hanish with Homestead Partners explained that he was present to answer questions. Chairman Aller closed the public hearing. Hokkanen moved, Campion seconded that the Chanhassen Planning Commission recommends that the City Council approve Rezoning of the property from Agricultural Estate (A2) to Residential Low & Medium Density (RLM); a Conditional Use Permit to permit development within the Bluff Creek corridor; and Preliminary Plat approval for 15 lots, 4 outlots and public right-of-way with a variance for the use of a private street for a single family detached subdivision, subject to the following conditions and adopts the Findings of Fact and Recommendation: Rezoning 1. The rezoning shall apply only to the platted lots within Vistas at Bentz Farms and exclude the outlots. Conditional Use Permit 2. Dedicate Outlot A to the City as permanent open space. Planning Commission Summary – September 2, 2014 Subdivision Building Official Conditions 1. Provide a 1:200 “clean” plat drawing. 2. Demolition permits are required for the removal of any existing structures. 3. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 5. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 6. Each lot must be provided with separate sewer and water services. 7. The applicant and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. Engineering Conditions 1. The developer shall update the title search for this property and find the documentation for the roadway easement on Parcel 2. 2. The final plan submittal must show the proposed elevation at the proposed building corners. 3. Proposed lots shall be graded to drain away from building locations. 4. The grading plan must show proposed elevations at the center of the proposed driveway at the curb line. 5. The lowest building opening for properties adjacent to an Emergency Over-Flow (EOF) must be a minimum of 1 foot above the EOF elevation. 6. The plans must identify proposed stockpile areas. 7. The retaining wall must be designed by a professional engineer registered in the state of Minnesota. 8. The following materials are prohibited for retaining wall construction: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. Walls taller than 6 feet shall not be constructed with boulder rock. 9. A Homeowners Association (HOA) must be created to take ownership and maintenance responsibility of the retaining wall and any drain tile that will cross property lines. 10. Curb and gutter are required for the private street. 11. The engineering department’s preference would be to remove the farm drives and the culverts underneath them. The developer’s engineer shall work with Carver County staff to accomplish this. 12. The proposed watermain pipe shall by C900. 2 Planning Commission Summary – September 2, 2014 13. An assessment for the Lake Ann Interceptor improvements from 2003 is outstanding for this property. The principal of $187.50 must be paid or reassessed to the individual lots at the time of final plat. 14. An assessment for water and sewer improvements from 2002 is outstanding. The principal of $38,922.00 must be paid or reassessed to the individual lots at the time of final plat. 15. Water and sewer partial hook-ups are due at the time of final plat. The partial hook-up fees will be assessed at the rate in effect at that time. Fire Marshal Conditions 1.A three-foot clear space must be maintained around fire hydrants. 2.Prior to combustible construction, fire hydrants must be made serviceable. 3.Temporary street signs shall be installed prior to and during construction. 4.Prior to combustible construction, fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 5.No burning permits will be issued for trees, brush that is removed. 6.The center island in the proposed cul du sac is not allowed. 7.Submit proposed private street name to Chanhassen Fire Marshal and Building Official for review and approval. 8.An additional fire hydrant will be required at the northwest corner of Galpin Boulevard and Fawn Hill Road. 9.“No Parking Fire Lane” signs will be required on the east side of the private drive/road. Spacing shall be 75 feet, wording on both sides of posts. Contact Chanhassen Fire Marshal for more information if needed. Natural Resource Specialist Conditions 1. Tree protection fencing will be required around any preserved trees. It shall be installed prior to grading. 2. Tree preservation fencing shall be installed at the dripline around tree #432. The applicant shall revise the grading plan to show no grading within a 20’ diameter around the trunk of the tree, with the exception of the street installation to the west of the tree. 3. The applicant shall remove all hazard and diseased trees in the bufferyard area prior to final acceptance of the completed development. 4. Each lot shall have a minimum of three trees planted, at least one of those trees must be in the front yard. 5. In the plant schedule, the applicant should correct Picea abies as Norway spruce, not Norway pine. Parks Conditions 3 Planning Commission Summary – September 2, 2014 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected at the time of final plat recording. Planning Conditions 1. The applicant needs to calculate the lot areas of Lots 1 through 4 excluding the lot area encompassed within the private street easement. 2. Lots within the development are limited to single-family detached homes. 3. The applicant shall work with the Carver County Historical Society to create and install a historic marker or plaque for the property commemorating the Lyman Farm. 4. Unless the property to the northwest is combined with the property to the north of this development as a zoning lot, which is ghost platted in conjunction with this plat, the developer will be required to show how to this parcel will be accessed and developed. Water Resource Specialist Conditions 1. The developer’s engineer shall work with staff to provide more clear and concise demarcation of the Bluff Creek Overlay District and the setback from the Bluff Creek Overlay District. 2. The Bluff Creek Overlay District boundary shall be demarcated with appropriate signage at all points of intersection with lot lines and at all major angle points. This signage shall be show on the plat, site plan and erosion control plan. 3. All signage for the Bluff Creek Overlay District shall be installed prior to any earth-disturbing activity unless otherwise approved by the City in writing. 4. That portion of the Bluff Creek Overlay District and applicable setback disturbed for site grading shall be vegetated in native vegetation and a planting plan and schedule shall be provided. 5. Outlot A shall be dedicated to the City. 6. The swale behind Lots 13 and 14 shall have a drain tile installed as part of the site grading and utility installation. This shall be included before final plat approval. 7. The pond designs shall include either the installation of forebays as described in the City’s Surface Water Management Plan or provide for the installation of environmental manholes or four-foot or deeper sump manholes with a SAFL baffle at CBMH A2 and B2. 8. The filtration bench shall be lined with an impervious geotextile fabric to prevent intrusion of ground water into the trench and due to the lack of adequate separation to water table. 9. A comprehensive, stand-alone SWPPP document with all elements required by Part III of the NPDES construction permit shall be prepared and submitted to the City for review and comment before final plat approval. 10. The applicant must demonstrate the infeasibility of alternate methods of volume reduction to justify the absence of any volume reducing management practices as is currently proposed before final plat approval. 4 Planning Commission Summary – September 2, 2014 11. The applicant must comply with the requirements of all other jurisdictional agencies with authority over the project area. 12. Surface Water Management connection charges are estimated to be $57,136.00. This connection charge will be due at the time of final plat. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: CELL TOWER CUP AMENDMENT: REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT 1990-03 TO EXTEND THE HEIGHT OF AN EXISTING WIRELESS TOWER ON 3.32 ACRES OF PROPERTY ZONED AGRICULTURAL ESTATE (A2) AND LOCATED AT 2290 LYMAN BOULEVARD (OUTLOT B, STONE CREEK FIRST ADDITION). APPLICANT: AMERICAN TOWER CORPORATION, PLANNING CASE 2014-26. Bob Generous presented the staff report on this item. The applicant, Lynda DePoe explained that she works for Jacob’s Engineering and is representing both the tower owner, American Tower Corporation and the sub-tenant Verizon Wireless. Chairman Aller opened the public hearing. No one spoke and the public hearing was closed. Weick moved, Campion seconded that the Chanhassen Planning Commission recommends the City Council approve Planning Case 2014-26 amending Conditional Use Permit #2009-19 and Conditional Use Permit 1990-03, to permit the height of the tower to be no higher than 120 feet as shown in plans dated received August 1, 2014, , subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: 1. The tower and antennas shall comply with the requirements in Chapter 20, Article XXX, Towers and Antennas, of the Chanhassen City Code. 2. No signage, advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the ” manufacturer or by Federal, State, or local authorities. All voted in favor and the motion carried unanimously with a vote of 4 to 0. APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission meeting dated August 19, 2014 as submitted. COMMISSION PRESENTIONS: None. ADMINISTRATIVE PRESENTATIONS. Kate Aanenson provided information for the upcoming tour th on Wednesday, September 10, and future Planning Commission agenda items. Hokkanen moved, Campion seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 4 to 0. The Planning Commission meeting was adjourned at 7:25 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 5