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CC Minutes 06-08-2015Chanhassen City Council – June 8, 2015 Councilman McDonald: Yes he will. Mr. Mayor, council I make the following recommendation. The City Council adopts a resolution vacating a portion of the Sunset Trail right-of-way and a portion of the drainage and utility easement on Lot 5, Block road Country Hills. And approves the dedication of a trail easement and a drainage and utility easement on Lot 5, Block 1, Country Hills. Will that cover? Todd Gerhardt: And what City Manager Gerhardt read into the record. Councilman McDonald: And what City Manager Gerhardt read into the record. Todd Gerhardt: Is that right? Roger Knutson: Perfect. Mayor Laufenburger: We have a motion. Is there a second? Councilman Campion: Second. Mayor Laufenburger: Thank you Councilman Campion. Any further discussion? Resolution #2015-38: Councilman McDonald moved, Councilman Campion seconded that the City Council adopts the attached resolution vacating a portion of the Sunset Trail right- of-way and a portion of the drainage and utility easement on Lot 5, Block 1, Country Hills as described on the attached exhibits; approves the dedication of a trail easement and a drainage and utility easement on Lot 5, Block 1, Country Hills as described on the attached exhibits; that the drainage and trail easements are given to the City before the resolution is executed and recorded at the Carver County Recorder’s Office; and that the language in the resolution include a trail easement along with the drainage easement. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you very much. ND BEEHIVE 2 ADDITION, LOCATED AT 6440 HAZELTINE BOULEVARD, APPLICANT: TYLER STEVENS/OWNER: TYLER STEVENS AND BEN & HIDEKO GOWEN: A. REQUEST FOR REZONING OF APPROXIMATELY 2 ACRES FROM SINGLE FAMILY RESIDENTIAL (RSF) TO MIXED MEDIUM DENSITY RESIDENTIAL (R-8); REPLAT OF PROPERTY LOCATED AT 6330 HAZELTINE BOULEVARD AND 6440 HAZELTINE BOULEVARD INTO TWO LOTS ND (BEEHIVE HOME 2 ADDITION) WITH VARIANCES; AND SITE PLAN REVIEW FOR A 10,700 SQUARE FOOT ADDITION TO A CONTINUING CARE RETIREMENT FACILITY (BEEHIVE HOMEs), WITH VARIANCES. B. PUBLIC HEARING REQUESTING VACATION OF DRAINAGE AND UTILITY EASEMENT. 15 Chanhassen City Council – June 8, 2015 th Kate Aanenson: This item did appear before the Planning Commission on May 19 and they gave you, the application for BeeHive Homes and it’s Planning Case 2015-10. There’s 3 actions, actually 4 actions for your consideration tonight. One is the rezoning of .94 acres of property that’s single family residential to medium density R-8. A subdivision with a preliminary and final plan including two lots with a variance. Site plan approval for a 10,700 square foot addition to a continuing care retirement facility and vacation of a drainage and utility easement. I did, there’s modifications of that. I’ll go through that in the staff report. That’s the easement you have in front of you. There’s a modification of that easement and I’ll go through that as I go through the report. Two subject properties then are the existing BeeHive which is located at 6330 on Hazeltine Boulevard and then the Gowen home which is 6440. I just want to remind you kind of that underlying property where the current BeeHive was, was the Reed family. At one time that was a drive in and we looked at giving that, that was office and medium density. We dual guided that with the comp plan update. As we did with Mr. Gowen’s property, we re- guided that to medium density also looking at the location of that so when we did our continuing care retirement we created a new zoning district which allowed for the BeeHive to go in and we have another continuing care on the southern end of the city that will be opening up soon so with the success of the facility the applicant wants to expand and has been working with Mr. Gowen. I also wanted to point out besides the Reed family, Mr. Gowen has lived on this property, he’s a long time resident of the city and he’s also here with us tonight. So again as I stated the 2030 land use plan shows the property as guided for medium density. At this time we are just rezoning that portion of property that is being added to the subject site which is this property right here shown in yellow so this property will be added to the existing, this .94 acres to the existing facility. So the rest of the property will remain in the residential single family zoning district until such time that that is developed. So for the subdivision plat, this piece of property right in here will be attached. So this is the .94 that’s being attached to the existing continuing care. The Lot 2 then would be the, this makes up the subdivision because this lot is being added to. It’s not considered a subdivision but this portion will be the remaining lot. We do ask, we wanted them to show how this property could be developed in the future with access to roads and sewer and water to make sure that we’re not creating a lot that’s unbuildable by the application of this facility. So one of the things when the existing, when we looked at a traffic study and we looked at kind of the surrounding areas to make sure that we get a safe access. So by, with the proposed addition the benefit is now we’re moving that access down to become a T intersection with the driveway to the middle school which creates a safer condition. Again Mr. Gowen’s home will remain on the property as well as existing greenhouse. And I just also wanted to point out that this area right here, this proposed access will be part of the variance because we’re using a private drive to serve a couple different properties which does require a variance. In your staff report on page 12 or on the electronic version 521 are all the findings of a variance for a private street. Those are included in your staff report. So again you can see how the new building will be attached via breezeway to connect those two building and there’ll be 17 additional beds. So you can see here the layout of the new facility. So there’s 17 beds and about 6,000 square foot of about communal living area in this building. The architecture’s going to match the architecture of the existing building which is a wonderful attractive building so again a little more detail on that building. Material sample. I’ll let the City Engineer talk over the next couple slides which talk about drainage. 16 Chanhassen City Council – June 8, 2015 Paul Oehme: Sure, thanks Ms. Aanenson. City Council members. This slide just shows you the existing site and it’s drainage patterns so the red outlined area basically goes into the existing pond that was constructed with that first phase of the development. Everything in yellow basically flows back into the existing pond to the northwest there. The new site is shown here. This is more or less the drainage patterns. The red and the orange areas are mainly going to flow back to the north to the existing infiltration swale and into the pond. We are working with a developer on potentially water re-use, capture facility for the area in the orange and then also, and then the area in blue the majority of the site does still flow to the west and that area was potentially we’re looking at a small infiltration basin at this location to capture that runoff until the site is fully developed and potentially in the future. So there are numerous different improvements in storm water quality that will be going on with this project. We also did a traffic update for this phase and we feel that the traffic impacts on Highway 41 will be minimal based upon the new development site. Kate Aanenson: That was one of the questions that came up at the Planning Commission. I think the Planning Commissioners were hopeful that that would meet the warrants for a signal at that intersection. It does not but we also reminded that our engineer department secured that safe crosswalk so there will be a sidewalk along this connecting this property to the one to the north and then you have the safe crossing so some definite improvements along the 41 corridor there. Again looking at the kind of that ghost plat, we looked at where that future sewer and kind of with the grades there. Some challenging grades. A little bit on that. That’s something that will have to be a little bit further articulated in the future but we have some, a good point of beginning. Again that’s at some time in the future when that project would come forward. With this request there’s also a vacation easement vacation so most of the easement vacation aligns with the combining the utilities for the existing site and then the future site. So this is currently what’s on site right now. The existing easements. There is a private easement over this green area and so that reflects the new description that I gave you. That gentleman didn’t want the City to release their underlying easement even though they’re two separate ones and so his way to not to complicate that we did leave that easement in place but this is the private easement I’m talking about. The recreational easement on the part of Lot 9, Block 1, Reeds Orchard Ridge so we’re not including that in the vacation but this would be the new easement. So now you can see that the new easement then encompasses the perimeter of the new addition so that would be the new drainage and utility easements which typically we have running around the perimeter of the property. So that includes the easement. So with that staff is recommending approving of the rezoning of the property from single family residential to the mixed medium density. Again that is consistent with the Comprehensive Plan. In addition we’re recommending preliminary and final plat approval of the 8.69 acres and to the two lots and with a variance for the private street. We’re also recommending approval of the site plan for the 10,700 square foot addition to the continuing care retirement facility and also a resolution approving the vacation of the public drainage and utility easement described in the modified description that I gave you and we’ve also included in our staff report the attached Findings of Fact. And I didn’t spend a lot of time on the architecture because you’ve seen the existing building. It’s just a pretty much a mirror of that so I kind of focused on the some of the perimeters but with that I’d be happy to answer any questions that you have. 17 Chanhassen City Council – June 8, 2015 Mayor Laufenburger: Thank you Ms. Aanenson. Council members before I open this to public hearing do you have any questions of Ms. Aanenson? Kate can you just clarify, you gave us a picture of what the development on Lot 2 may look like. Kate Aanenson: That’s correct. Mayor Laufenburger: But in no way is that up for approval tonight, is that correct? Kate Aanenson: That’s correct. It is guided for you know medium density which allows up to 8 units an acre. Depending what the market’s like in the future, that will be shaped how, whatever the market comes in as but we just wanted to show something illustratively how it could be laid out. Mayor Laufenburger: But the further development of BeeHive will be using an entrance that is in Lot 2, is that correct? Kate Aanenson: That’s correct. Mayor Laufenburger: Okay. And that means the entrance that they currently have, which is right by that mammoth tree, that will be vacated, is that correct? Kate Aanenson: That’s correct. So there was 3 existing access. Mr. Gowen’s access, the BeeHive access and there was a third one so those are all being combined into one which really gives us a much safer condition there. Mayor Laufenburger: Okay. Alright, okay. Let me at this time then open this to public hearing. Would the applicant like to speak regarding this four part program? Welcome Mr. Stevens. Tell us your name and your address please. Tyler Stevens: Thank you. My name is Tyler Stevens. I live at 6505 Fox Hollow Court in Chanhassen. My family and I own and operate BeeHive Homes and I don’t know how many of you were here a few years ago. Mayor Laufenburger: Yes. Tyler Stevens: About 3 years ago when we were here for the original City Council meeting but you know what this project really is all about is this, what this assisted living building was kind of built upon the principle that it’s supposed to look, feel and run like a regular home. You know assisted living is no different than any other type of living environment. That basically means that there’s a lot of different types. There’s assisted livings that are big. There’s assisted livings that are kind of institutionally based but this, BeeHive was kind of based upon the motion that it was supposed to look, feel and operate like a home so the good news is, is over the last a little over a year the demand has been there for a building like this that you know kind of mirrors home and the, to the most that it possibly can. So this addition is going to allow us to kind of fix a few things. One, open up some more beds and also allow us to increase our activity space by 18 Chanhassen City Council – June 8, 2015 over 6,000 square feet for all the residents to enjoy with the bigger patio and some outdoor space and that. So that’s what this is about. Mayor Laufenburger: Good. BeeHive’s been a wonderful addition to Chanhassen so I thank you for choosing to expand that a little bit. Thank you. Tyler Stevens: Yes. Mayor Laufenburger: Thank you. Just we may have other questions for you but. Tyler Stevens: Okay, I’ll stay around. Thank you. Mayor Laufenburger: Alright, okay. Is there anybody else present that would like to speak for this, for or against this development? Mr. Gowen, would you like to say a word or two? I think you’ve earned the right to speak to the council Mr. Gowen. Ben Gowen: Well I’ve been involved in this property since 1937. Mayor Laufenburger: Do I say your name, is your name Ben Gowen? Ben Gowen: Ben Gowen, 6440 Hazeltine. Mayor Laufenburger: Very good Mr. Gowen, continue. Ben Gowen: I’m in favor of what Tyler’s trying to do here. I knew it was coming some day. I’ve got a lot of stuff to get rid of. I’m in favor of it anyway. Mayor Laufenburger: Well Mr. Gowen you’ve been in this community 78 years is that correct? Ben Gowen: Since 1937. Mayor Laufenburger: That’s about right. And your location there on 41 and Hazeltine, whatever you want to call it, you’ve been a fixture in this community for a long, long time and I know there’s a lot of people that consider you to be a great friend of this community so. Ben Gowen: Well we’ve had a lot of fun growing flowers. Mayor Laufenburger: Absolutely. Ben Gowen: I did it for 44 years. My folks did it for 30 some years so we’re fixed here. Mayor Laufenburger: Yeah well we are a blooming community because of you Mr. Gowen. Thank you very much. Appreciate your support of this project. Is there anybody else who would like to speak on behalf of this project? Alright then I will close the public hearing and bring it back to council for any comments, questions or motions. Anyone? 19 Chanhassen City Council – June 8, 2015 Councilwoman Ryan: I’ll make a motion. Mayor Laufenburger: A four part motion? Councilwoman Ryan: The one in the packet. Mayor Laufenburger: Alright. Todd Gerhardt: No changes on this item. Mayor Laufenburger: Alright. Councilwoman Ryan: I’d like to make a motion the City Council approves rezoning of property from Single Family Residential District to Mixed Medium Density Residential District. Preliminary and Final Plat to replat 8.69 acres into two lots with a variance for a private street. Site Plan Review for a 10,700 square foot addition to a continuing care retirement facility, BeeHive Homes. A resolution approving the vacation of public drainage and utility easement described in the attached legal description and adoption of the attached Findings of Fact and Recommendation. Mayor Laufenburger: Thank you Councilwoman Ryan. Is there a second? Councilman McDonald: Second. Mayor Laufenburger: Thank you Councilman McDonald. Any further discussion on the motion? Councilwoman Ryan moved, Councilman McDonald seconded that the Chanhassen City Council approve Planning Case #2015-10 to rezone 0.9 acres of property from RSF, Single Family Residential District, to R-8, Mixed Medium-Density Residential for Lot 1, nd Block 1, BeeHive Home 2 Addition subdivision contingent upon final plat approval, as shown in plans dated received April 17, 2015, and adoption of the Findings of Fact and Recommendation. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Ryan moved, Councilman McDonald seconded that the Chanhassen City Council approve the preliminary and final plat with a variance to allow a private street for nd Planning Case 2015-10 for BeeHive Home 2 Addition as shown in plans dated received April 17, 2015, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Engineering Conditions: 1.All conveyances, drainage ways and stormwater treatment devices must be included within a drainage and utility easement as required in Section 18-76 (c). 20 Chanhassen City Council – June 8, 2015 2.The perimeter drainage and utility easement must be vacated and re-platted to border the new property lines. 3.The proposed drainage and utility easement over the proposed sanitary sewer must be widened to facilitate the utility maintenance and excavation of the pipe. 4.The portion of the private driveway that would be shared for access will be considered a private street under the city code. It must, therefore, have a 7-ton design and a joint access and maintenance agreement must be created between the two parcels. 5.The private street will need a name labeled on the plans. Name suggestions shall be submitted to the City for approval. 6.The drive aisle of the parking lot must be revised to provide 26 feet wide from face of curb. 7.The new trunk lines will be owned and maintained by the City. The services connecting to the buildings will be private. 8.In order to provide gravity sanitary sewer to the southern parcel, the developer shall extend the sanitary sewer at a maximum slope of 0.50% to the centerline of the new shared driveway access to TH 41. Alternatively, it would also be acceptable for the developer to submit a layout to City staff that would provide gravity sanitary sewer to the future development from another sanitary line. 9.Plan and profile sheets are required for all publically-owned utilities. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilwoman Ryan moved, Councilman McDonald seconded that the Chanhassen City Council approve the site plan consisting of a 10,700 square-foot addition for a continuing care retirement facility, Planning Case 2015-10 for BeeHive Homes as shown in plans dated received April 17, 2015, and including the attached Findings of Fact and Recommendation, subject to the following conditions: Planning Conditions: 1.The existing monument sign shall be moved to the new access into the site to clearly define the access for emergency vehicles. 2.Approval of the site plan is contingent upon approval of the rezoning, subdivision and vacation of drainage and utility easement. 3.All rooftop equipment must be screened. Building Official Conditions: 1.The building plans must be prepared and signed by design professionals licensed in the State of Minnesota. A “Code Record” is required (Code Record schematic plans may be same scale as 21 Chanhassen City Council – June 8, 2015 architectural). For “Code Record” information go to MN Dept. of Labor and Industry: http://www.dli.mn.gov/CCLD/PlanConstruction.asp 2.Retaining walls in excess of 48 inches in height must be designed by a professional structural engineer licensed in the state of Minnesota. 3.A demolition permit is required for removal of any existing structures. 4.The buildings must be protected with automatic fire sprinkler systems. 5.An accessible route must be provided to buildings, parking facilities, public transportation stops and all common-use facilities. 6.All parking areas, including parking garages, must be provided with accessible parking spaces dispersed among the various building entrances. 7.Accessible units must be provided in accordance with Minnesota State Building Code Chapter 1341. 8.The building owner and/or their representatives should meet with the Inspections Division to discuss plan review and permit procedures. In particular, occupancy group, type of construction and allowable area issues must be addressed. Fire Marshal Conditions: 1. “No Parking Fire Lane” signs and yellow-painted curb will be required on the new driveway. Only one side of the driveway will be posted “No Parking.” Contact the Chanhassen Fire Marshal for exact locations. Engineering Conditions: 1.A stable conveyance must be provided to the weston the drainage plan. 2.The applicant is required to meet a water quality volume of one (1) inch runoff from all new impervious surface or demonstrate why this volume cannot be met. 3.The applicant must provide a water quality model, as required by Section 19-144 of the city code, showing that there is a 60% reduction in TP and 90% reduction in TSS as required by city code and the NPDES permits. Demonstration of 1” abstraction will be considered equivalent treatment. 4.The plan set shall include a detail specific to the bioretention feature which is consistent with the MN Stormwater Manual. 5.Plugs and live plants shall be used in lieu of seed and a planting schedule and maintenance plan shall be developed and submitted for city approvals and record retention for both bioretention features. 22 Chanhassen City Council – June 8, 2015 6.The applicant shall prepare and submit to the City for approval a Surface Water Pollution Prevention Plan (SWPPP) consistent with the NPDES Construction Permit which shall contain all required elements as listed in Parts III and IV of the permit. 7.The plans shall indicate that six (6) inches of topsoil are to be placed on all disturbed areas to be vegetated and a stockpile area shall be indicated on the plan set. 8.A final stabilization plan shall be prepared for the site. 9.The plans shall show locations proposed for stockpile areas. 10.A soils report shall be submitted to staff indicating soil conditions and permeability if infiltration is to be used. 11.The grading plans must be revised to show the first floor elevations of adjacent lots. 12.Spot elevations must also be shown to illustrate the drainage pattern near the existing home’s driveway. 13.The proposed grades on the site shall be no greater than 3:1. 14.The engineer shall coordinate with MnDOT and incorporate their comments. 15.The radius of the driveway curves must be shown on the plan set. 16.The trail width shall be labeled on the plan set. 17.The plan shall be revised to reconstruct the trail further north to create a better connection. 18.The new addition is subject to sanitary sewer and water hookup charges. These charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 19.The developer’s engineer must incorporate the latest edition of Chanhassen Standard Specifications and Detail Plates into the plan set. 20.The applicant must work with a qualified designer and contractor to design a system to capture and abstract a volume of runoff equivalent to one inch (1”) from the new roof area. This system must be reviewed, approved and installed prior to the issuance of the certificate of occupancy. Environmental Resource Conditions: 1.Install tree protection fencing around all preserved trees shown on grading plans. The fencing shall be installed prior to any construction activity and remain until site construction is completed. 23 Chanhassen City Council – June 8, 2015 2.Site plantings shall be increased to meet minimum bufferyard requirements. Plantings shall be located so as to soften direct views in areas where the proposed building is closest to property lines. 3.Bufferyard plantings shall be located on the west side of the entryway drive rather than on the east as proposed. 4.A revised landscape plan shall be submitted to the city showing proposed plantings adjacent to the entire parking area that limit direct views of the pavement and the vehicles. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2015-39: Councilwoman Ryan moved, Councilman McDonald seconded that the Chanhassen City Council adopts a resolution approving the vacation of all the drainage and utility easements over, under and across all of Lot 1, Block 1, BEEHIVE HOME. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you Mr. Stevens. Thank you Mr. Gowen. Tyler Stevens: Thank you. Ben Gowen: Thank you. Mayor Laufenburger: That concludes our business at this time. COUNCIL PRESENTATIONS. Mayor Laufenburger: Are there any council presentations? I have one I’d like to make. Well this is sports related but tonight I’m going to highlight some incredible student athletes in our community. Chanhassen is fortunate to be part of both District 112, Easter Carver County Schools and also District 276, Minnetonka Schools and this, I’m sure every spring for the last umpteen years athletes have participated in, with excellence and have qualified for state competition but I think that there are certain things that need special mention tonight so let me take an opportunity to, this is not a resolution or a proclamation. This is just recognition on behalf of the Chanhassen City Council and my apologies if I forget some names or mispronounce them. You’ll understand or you’ll accept my apologies I’m sure. First of all Minnetonka Schools have been in place for, I can’t remember when they weren’t in place as a matter of fact. A long, long time but this year the Minnetonka boys tennis team took fourth place in the State as a team and Jonah Salita was a singles qualifier for the State tennis tournament. Golfing at Minnetonka, there were two individual qualifiers for the ladies and also two for the men. The ladies were Katie McMillan and Bella Broin and the boys qualifiers for Minnetonka were Ben Sigel and Miles McCarthy. And in track the girls 4 by 800 relay, they were the champions of the State and they were Grace and Lucy Hoelscher, Marla Bailey and Meghan Janssen. And the 4 by 100 boys relay for Minnetonka actually broke the State record but finished second and that was Vance Barnes, Paul Affilitto, Chanhassen resident, Jack Samuelson and Goodness Akindemowo and there were many other qualifiers. Now that was Minnetonka. 24