PC SUM 2014 09 16
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
SEPTEMBER 16, 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, Steve Weick and Dan Campion
STAFF PRESENT:
Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner; and Alyson Fauske, Assistant City Engineer
PUBLIC PRESENT:
Jerry & Karon Story 6281 Teton Lane
Marcus Zbinden 6460 Bretton Way
Dan Feller 6430 Bretton Way
Naomi Carlson 6411 Bretton Way
Marty Campion Campion Engineering
Chris Solie Johnson 6421 Bretton Way
Robert Rabe 6305 Teton Lane
Hokkanen moved, Campion seconded that the Chanhassen Planning Commission table the
request for variances to exceed the impervious surface limitation and the shoreland setback
limitation to construct a patio on property zoned Single Family Residential (RSF) and
located at 9015 Lake Riley Boulevard. Applicant/Owner: Rosemary Kelly, Planning Case
2014-27. All voted in favor and the motion carried unanimously with a vote of 7 to 0.
PUBLIC HEARING:
SHOPS AT CHANHASSEN: REQUEST FOR SITE PLAN REVIEW FOR A 4,450
SQUARE FOOT RETAIL/RESTAURANT BUILDING ON APPROXIMATELY TWO
ACRES OF PROPERTY ZONED PLANNED UNIT DEVELOPMENT (PUD) LOCATED
ON OUTLOT A, CHANHASSEN RETAIL ADDITION AND A PORTION OF THE
TARGET PARKING LOT. APPLICANT: HALIFAX DEVELOPMENT, LLC.
OWNER: TARGET CORPORATION, PLANNING CASE 2014-28.
Kate Aanenson presented the staff report on this item. The applicant, Hans Kuhlman with
Halifax Development stated he was available to answer any questions. Chairman Aller opened
the public hearing. No one spoke and the public hearing was closed.
Hokkanen moved, Weick seconded that the Planning Commission recommends the City
Council approve the preliminary plat to replat .79+ acres into one lot and one outlot,
Planning Case 2014-28 as shown in plans dated received August 13, 2014, and including the
attached Findings of Fact and Recommendation, subject to the following conditions:
Planning Commission Summary – September 16, 2014
Engineering
1.Before the final plat is recorded the Surface Water Management fees, Park Dedication fees,
and GIS fees must be paid as well as any recording fees not collected with the final plat
application.
Park and Trail
1.Full park fees in lieu of additional parkland dedication and/or trail construction shall be
collected as a condition of approval for Shops at Chanhassen. The park fees will be collected in
full at the rate in force upon final plat submission and approval.
Planning
1.The applicant work with staff on minor subdivision modifications.
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
Hokkanen moved, Weick seconded that the Planning Commission recommends the City
Council approve the site plan consisting of a 4,412 square-foot multi-tenant building,
Planning Case 2014-28 as shown in plans dated received August 15, 2014, and including the
attached Findings of Fact and Recommendation, subject to the following conditions:
Environmental Resource
1.The applicant shall provide Rational Method calculations for proposed pipe design. The
applicant shall work with City staff to assure downstream system has adequate capacity to
handle the additional volume directed from the new impervious surface.
2.The applicant shall submit $25,000 in lieu of constructing stormwater best management
practices. This shall be due at time of final plat to be put into an account to be used
exclusively for the improvement of water quality downstream of the site.
3.The erosion prevention and sediment control plan must be consistent with Section 19-145 of
Chanhassen City Code.
4.The Storm Water Utility fee is estimated to be $22,345.40 and shall be due at final plat.
Building Official
1.The building is required to have automatic fire extinguishing systems.
2.Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3.Retaining walls over four feet high must be designed by a professional engineer and a permit
must be obtained prior to construction.
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Planning Commission Summary – September 16, 2014
4.Detailed occupancy-related requirements will be addressed when complete building plans are
submitted.
5.The owner and or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
Engineering
1.The developer must work with the neighboring property owners, including the City, to
acquire temporary construction easement for all off-site grading and construction.
2.The developer must acquire a permanent easement over all improvements the developer shall
own and be responsible for maintaining, such as the storm sewer.
3.The developer must obtain an access agreement from the City for construction and
maintenance of the sanitary sewer and water main within the right of way of Target Lane.
4.The developer’s engineer shall include the Perkin’s parking lot islands in the topographic
plan. Current plans do not show all islands within the survey area.
5.Final plans shall include existing and proposed elevations at the property corners and
structure corners.
6.The grading plan shall include drainage arrows to indicate the direction of water flow.
7.The developer shall submit an accurate soils report indicating soil conditions and
permeability.
8.The grading plan shall identify proposed stockpile areas.
9.The grading plan shall show the top and bottom elevation of the retaining wall near the
Target sign.
10.The parking spaces shall be adjusted so that minimum dimensions are measured from the
gutter flow line.
11.The developer must pay the partial payment of the SAC fees and the WAC fees with the final
plat.
Planning
1.All rooftop and ground equipment must be screened from views.
2.Sign illumination and design shall comply with ordinance. Wall signs shall be limited to the
north, east and south elevations. Wall and monument signage shall comply with the sign
ordinance. All signs require a sign permit.
3.The applicant may share a monument sign within the same PUD contingent upon the removal
of the existing monument sign.
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Planning Commission Summary – September 16, 2014
4.The exterior material for the trash enclosure must be of the same exterior material as the
building. Recycling space and other solid waste collection space should be contained within
the same enclosure.
5.Light levels for site lighting shall be no more than one-half foot candle at the project
perimeter property line. This does not apply to street lighting. All fixtures must be shielded.
6. Approval of the site plan is contingent upon approval of the subdivision.
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
PUBLIC HEARING:
TH
FRETHAM 19 ADDITION: REQUEST FOR PRELIMINARY PLAT REVIEW FOR A
FOUR-LOT SUBDIVISION WITH VARIANCES FOR HARD COVER AND SETBACK
ON 1.51 ACRES OF PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF)
AND LOCATED AT 6397 AND 6411 BRETTON WAY. APPLICANT: LAKEWEST
DEVELOPMENT, LLC. OWNER: NAOMI CARLSON, PLANNING CASE 2014-08.
Bob Generous presented the staff report on this item. Commissioner Weick asked for
clarification on the hard cover variance. The applicant, Ben Wickstrom with Lakewest
Development discussed the hard cover variance, price point for homes being built, grading, and
stormwater. The project engineer, Marty Campion with Campion Engineering discussed
stormwater issues and the existing retaining wall. Chairman Aller opened the public hearing.
Gerald Story, 6281 Teton Lane read a statement before outlining four areas of concern.
Requesting a 10 foot setback for all structures from their 14 foot road easement. Request
building three homes versus four to better suit the neighborhood, but if the fourth house is built
moving it to the wider part of Lot 1. That no building permits be given until the other structures
are removed. And noting that their deeded easement is a forever easement and cannot be
changed or altered. Chris Solie Johnson, 6421 Bretton Way expressed concern with the
landscaping plan and tree removal. Marcus Zbinden, 6460 Bretton Way asked for clarification
on the demolition plan for the existing structures and details on the rain gardens. Dan Feller,
6430 Bretton Way noted he and his wife were in favor of this development which will help the
stormwater runoff situation on Bretton Way. Robert Rabe, 6305 Teton Lane stated he was
generally in favor of what Gerald Story stated regarding setbacks and tree removal. Chairman
Aller closed the public hearing. After discussion and clarification by commission members, the
following motion was made.
Yusuf moved, Tennyson seconded that the Planning Commission recommends that the City
Council approves the preliminary plat creating four lots, approve the hard cover variances
for Lots 1 and 3 of 7.4 percent (32.4 % hardcover) and 3.2 percent (28.2% hard cover),
respectively, as well as the front setback variance for Lot 1 of 10 feet (20-foot front setback
on Bretton Way) subject to the following conditions and adopts the attached Findings of
Fact and Recommendation:
Subdivision with setback and hardcover variances:
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Planning Commission Summary – September 16, 2014
Building:
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.
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.
Engineering:
1.The easements per Documents T15149 and T17882 must be extinguished prior to final plat
approval.
2.Prior to final plat submittal the developer shall coordinate with the gas company to verify the
location of the gas line. If the gas line is not within an existing easement the developer must
provide and dedicate the necessary easement or relocate the gas line to lie within an easement
area in accordance to CenterPoint Energy’s specifications.
3.The drainage and utility easements on the north side of Lots 1 and 3 can be reduced to 10
feet.
4.Any portion of the gravel surface on the north side of the property that is disturbed with this
development shall be paved.
5.It is the developer’s responsibility to coordinate access to the gravel surface with the affected
residents during construction.
6.The proposed retaining wall shall comply with the following:
a)A building permit is required,
b)The design shall comply with the Minnesota Department of Transportation standards for
retaining walls,
c)The drainage design for the wall shall consider the surface runoff that will sheet drain
towards the wall,
d)The wall crosses over property lines and therefore it shall be built in conjunction with the
subdivision and a homeowners association must be formed to own and maintain the wall,
e)An encroachment agreement will be required before the retaining wall building permit is
issued if the retaining wall is to be installed within the platted drainage and utility
easement.
f)The developer shall ensure that the wall construction does not compromise the private
sanitary sewer service or the gas line in the area.
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Planning Commission Summary – September 16, 2014
g)The developer shall install a barrier (fence, berm, landscaping or other barrier) between
the private gravel street and the top of the retaining wall.
7.All driveways within the development shall meet the 10% maximum driveway slope. The
developer is encouraged to consider a driveway design that many homeowners desire which
includes a landing (typically 3%) at each end of the driveway (at the street and at the garage).
8.Sewer and water services to each of the proposed four lots were installed by the Curry Farms
nd
2 Addition developer; therefore, the sewer and water lateral fees do not apply.
9.Prior to final plat approval the developer shall identify which of the four lots will receive the
City SAC and City WAC credit.
10.The remaining three lots shall be subject to the City SAC and WAC, 30% of which will be
collected with the final plat at the rate in effect at the time of final plat approval.
11.All lots are subject to the Metropolitan Council Environmental Services Sanitary Access
Charge (MCES SAC), which is paid with the building permit.
12.A portion of the private sanitary sewer service to the home located on 6281 Teton Lane will
encroach into the platted drainage and utility easement; therefore, an encroachment
agreement is required.
Natural Resources:
1.Tree protection fencing will be required at the edge of grading limits near any preserved
trees. It shall be installed prior to grading.
2.Trees required to be planted are as follows: Lot 1 – 5 trees, Lot 2 – 2 trees, Lot 3 – 4 trees,
Lot 4 – 7 trees.
Planning:
1.The developer shall perform a phase I environmental audit on the property surrounding the
commercial building prior to recording the final plat.
2.The existing buildings on the property, including sheds, house and the long building must be
demolished prior to recording of the final plat.
3.A ten-foot building setback from the access easement (Doc. No. 14111 and 14055) is
required.
4.The developer shall work with the neighboring property owners to clarify the use, permitted
users and maintenance responsibility of the easement. Specifically, the easement must assure
that the property owner for Lot 2 may access the rear of their property via this easement. The
developer shall ensure that the necessary easement is in place so that the future property
owner of Lot 2 can access the northern tip of the property. A revised easement document
shall be recorded with the plat.
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Planning Commission Summary – September 16, 2014
Water Resources:
1.The applicant shall either procure a drainage and utility easement over the entirety of the
culvert or they shall install a catch basin manhole in Bretton Way just west of the driveway
for Lot 4 and tie this into the existing public storm sewer system. In either event, the
applicant shall model the conveyance choice to assure adequate capacity and provide a safe
and stable emergency overflow.
2.The applicant must provide clarification to resolve the disparate impervious surface
calculations and assure adequate volume reduction.
3.The applicant shall provide infiltration/water quality volume adequate to address the volume
reduction requirements for the runoff from all impervious surfaces in the development.
4.The applicant must provide a detail of the rain gardens which is consistent with the
recommendations and requirements of the Minnesota Stormwater Manual before final plat
approval.
5.The applicant shall provide a detailed planting schedule for the rain garden areas.
6.The applicant shall provide a hydrograph showing the duration of ponding is less than 48
hours and shall reduce the ponding depth so the bounce does not exceed MN Storm Water
Manual guidance or correct the soils and demonstrate that they are commensurate with HSG
A or B soils.
7.The side slopes into the rain gardens shall not exceed three horizontal feet for every one
vertical foot.
8.Discharge velocities into the rain gardens shall not exceed four cubic feet per second or the
applicant shall provide scour calculations and adequate energy dissipation to assure erosion
will not be an issue.
9.Pre-treatment shall be provided to minimize sediment deposition into the rain gardens.
10.Drain tile services must be provided to all properties that will flow from the back to the front
of the lot.
11.Erosion Control plan /SWPPP must include all elements required under Chapter 19 of City
Code.
12.Engineer estimate of quantities for erosion control and sediment prevention, including those
necessary for final site stabilization, shall be provided and used to calculate escrow amount.
13.A Storm Water Management Utility fee estimated to be $9,168.00 shall be paid with final
plat.
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
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Planning Commission Summary – September 16, 2014
APPROVAL OF MINUTES: Commissioner Weick noted the verbatim and summary
Minutes of the Planning Commission meeting dated September 2, 2014 as presented.
COMMISSION PRESENTATIONS:
None.
ADMINISTRATIVE PRESENTATIONS:
Kate Aanenson provided updates on action taken
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by City Council on Planning Commission items at their September 8 meeting and reviewed
upcoming Planning Commission agenda items.
Campion moved, Yusuf seconded to adjourn the meeting. All voted in favor and the
motion carried unanimously with a vote of 7 to 0. The Planning Commission meeting was
adjourned at 7:45 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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