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CC Minutes 07-27-2015Chanhassen City Council – July 27, 2015 Mayor Laufenburger: Any questions for Chief Johnson? Thank you Chief. I’m pleased to hear th that you had no significant incidents on the 4 of July. It was a beautiful night and safe. We th love safety on the 4 of July. Chief Don Johnson: Great, thank you Mayor, council. GLACCUM SUBDIVISION, 1510 LAKE LUCY ROAD, APPLICANT/OWNER: ESTATE DEVELOPMENT CORPORATION/MICHAEL & LEAH GLACCUM: REZONING OF PROPERTY FROM RURAL RESIDENTIAL DISTRICT (RR) TO SINGLE FAMILY RESIDENTIAL DISTRICT (RSF); AND SUBDIVISION WITH VARIANCES OF APPROXIMATELY 3 ACRES INTO 4 LOTS. Kate Aanenson: Thank you Mayor, members of the City Council. This item did appear before th the Planning Commission on July 7 and they did vote 4 to 2 to approve it. I think there was some discussion on the number of lots which I’ll go through in a little bit more detail through my presentation. The project is located on 1510 Lake Lucy Road and the site currently has a house on it that was built in 1910 and it’s about 3.12 acres and it’s currently zoned Rural Residential. Sorry I’m getting a message here. Mayor Laufenburger: Is it allowing you to go forward? Kate Aanenson: No. Mayor Laufenburger: It’s not huh. Kate Aanenson: No it’s not. Mayor Laufenburger: Windows is keeping you from moving forward. Kate Aanenson: Yes it is. Mayor Laufenburger: We are the mercy of Redmond, Washington. Can you try again? Kate Aanenson: Hold on one second. Yeah. There we go. Alright so I’m going to give you some different perspectives and kind of frame up the issue and how we came to the zoning that is going forward. The applicant looking at this property looked at, wanted to do some larger executive homes and when we talked about it originally there were some things that we wanted to resolve too. This is an older limestone retaining wall along the road and it’s deteriorated over time so one of the goals was to clean up the trail along that side of the road and clean up that part of the site itself and so that was one of the goals. There is a wetland in the back and it’s heavily wooded along the wetland so one of the staff’s goals too is also to preserve not only the wetland buffer but some additional preservation of trees. The site itself has some area that is, has been mowed and is void of trees and then has some other significant trees on it. When I say significant I mean in larger scale so there is a slight bluff to the site and that was a point of discussion that I’ll talk about in a little bit more detail also. So the request is for the rezoning 12 Chanhassen City Council – July 27, 2015 from Rural Residential (RR) to Single Family Residential which is consistent with the Comprehensive Plan and the subdivision into 4 single family lots. So part of the request then is for a variance for the bluff setback. So in looking at the residential zoning district, so the RS is what the applicant was requesting but within that the low density being consistent with the Comprehensive Plan there are other zoning applications which is, we see a lot of now which is the R-4 where we have maybe 10,000 square foot lots. People have gone to the 65 foot, 75 foot wide, maybe 8,000 or 9,000-10,000 square foot lots and that could be a choice here because the way our ordinance reads the intent for that zoning district is that you’re preserving something so in this circumstance they would be preserving the wetland. In addition to that creating a greater buffer so that application could have been applied as could of the PUD-R. This applicant wanted to go forward with a traditional subdivision and meet those standards but with that was the bluff issue. So we believe that the residential single family is appropriate zoning based on some of the surrounding land uses. There’s some larger lots across the street and the immediate area so we felt the traditional RSF which is the 15,000 square foot lot. I’d like to point out too that the average lot size on this is over 18,800 so we haven’t done this large of lots for a little while so again looking at trying to provide diversity in housing choices we thought that this was a good option. So again looking at the RSF, the 15,000 square foot lot. The RR, rural residential district and then again using the PUD you could go as small as 11,000 so again we went with the, what the applicant was requesting, the RSF. So the variance itself is for the bluff. There was a bluff noted on the site and that bluff does require the variance. It does also have some retaining walls on the site in order to manage that and I’ll go through that in a little bit more detail. So here’s the lots itself with the dedicated right-of-way. One home will get access off of Yosemite and the other 3 will come off of the cul-de-sac on Lake Lucy Road so all those meet all the city standards for the subdivision itself. And then you can see Outlot A would be the preservation of the wetland and the additional conservation easement. So the bluff itself lies in this area here. Just behind the existing home that as I stated was built in 1910 and there’s a garage and some other out buildings on the property so when we first with the applicant on paper, we said there’s a bluff and then we recommended with the applicant so we took someone from the engineering department, the City Forester, and the Stormwater Resources Manager to go out and field check it as with one of the staff planners to verify is it an anomaly. How does this affect the layout of the property? Again this property could have been laid out in different configuration as I mentioned to do some smaller lots and cluster the homes and then you would preserve this anomaly. In doing that you would also put retaining walls right behind the house so in looking at it, there is some tree loss on that area but then in looking at the quality of trees and this discussion was brought up at the Planning Commission that some of the older stock and not of the higher quality. While it’s more mature it wouldn’t be of the higher quality so this area will be mass graded and the slopes and behind it will be preserved with the significant trees on it. The other thing I did want to mention is that the retaining walls on the site, there’s a retaining wall that would be on the eastern portion of the property and. Mayor Laufenburger: That’s, and Kate that’s not the retaining wall that’s present right now? Kate Aanenson: Correct. Mayor Laufenburger: The one that’s present is down on Lake Lucy Road is that correct? 13 Chanhassen City Council – July 27, 2015 Kate Aanenson: Correct. The current retaining wall that’s in rough shape is along Lake Lucy Road, yep. Mayor Laufenburger: So these would be two new retaining walls correct? Kate Aanenson: Correct. And as a part of that as we’ve learned through our experience with retaining walls we require that they be engineered. They meet a certain specification that the homeowners also would take ownership of the retaining wall. They wouldn’t be a responsibility from the city on that so. So you can see in this area too then there’s additional, that this would be the preservation area for the trees on that site. Utilities, again the City does have municipal services to the property so all the lots will be provided sewer and water through the city. The 3 lots coming off of Lake Lucy and then the Lot 1 would come off, the utilities would come off Yosemite. So this is the buffer area. We’ve got the required buffer and then we took the additional buffer, and this is slightly out of scale with the slide but it’s, the additional buffer is this area in here is what we’re requiring so then the fencing and tree preservation would be placed along that area so there’s no disturbing of that property in the back. Again showing the tree removal and preservation area. And then the recommendation that the staff has that we approve the rezoning from rural residential to single family and the subdivision with the variance to the bluff setback and subject to the conditions of Findings of Fact and I’d be happy to any questions that you may have. Mayor Laufenburger: Alright, thank you Ms. Aanenson. Any questions of staff related to this? Councilwoman Ryan. Councilwoman Ryan: Thank you. I have a couple questions. Obviously I’m familiar with this area. In terms of the buffer itself, are you going into the buffer zone or are you going into the, the required setback? Kate Aanenson: It’s outside of the required setback so it’s in addition to. Councilwoman Ryan: It’s in addition to. And then in terms of the, in the packet it said staff had a concern about the stormwater management. The infiltration system. Do you still have that concern or is that something that’s been? Kate Aanenson: No, that’s been addressed. Yeah. Councilwoman Ryan: And how has it been addressed? Kate Aanenson: I’ll let City Engineer go through that. Paul Oehme: Mayor, City Council member. The maintenance I think was the biggest thing so I think we’ve worked out how to address that and we increased the size and the capacity of the infiltration basin to accommodate what we think is appropriate for the site. Councilwoman Ryan: But weren’t you concerned about access? 14 Chanhassen City Council – July 27, 2015 Paul Oehme: Yeah we do and that, in conjunction with that a good point is a bigger drainage utility easement I think also we looked at so there’s basically the infiltration area is off the cul- de-sac down to the wetland so that’s the area we’ll have to work on. We’ve got the easement for. City staff will maintain that infiltration area as best as we can but we’ll have to just monitor it and there’s a sump manhole that’s there that we’ll be cleaning out over time as well too so I think from a maintenance perspective I think we’ve got it covered. Kate Aanenson: Mayor if I may I just want to point out too, this is preliminary so at final plat we’ll see the revisions. We have a few things that we have for conditions so those will be presented, those changes back to City Council and that will be on consent for final plat so you’ll see this once again showing how those changes have been met so they’ll work on that between now and final. Councilwoman Ryan: And so then that goes to my next question. You also mentioned, so would that be the conservation easement that you’re waiting to get back? Kate Aanenson: That’s correct. Councilwoman Ryan: That you needed a legal description. Kate Aanenson: Yep, we’ll have that drafted and the City Attorney reviews those and so will we and so those will all be part of the documents that we get before we go for final plat. Councilwoman Ryan: So does that come from the developer or does that come from the resident? Kate Aanenson: …city attorney draft that and the language that’s in there and so we would review that with the developer. They would also check to make sure that it’s. Councilwoman Ryan: So when someone goes to build then that easement’s already. Kate Aanenson: It’s recorded with the property, correct. Councilwoman Ryan: Recorded with the property. Kate Aanenson: So that’s what I’m saying. It goes with the final plat documents so that all gets recorded. Councilwoman Ryan: Okay. And then another question in terms of the trails. You said the trail that’s in front of the rock wall right now has the zero foot buffer I think. Kate Aanenson: Correct. Councilwoman Ryan: And so you’re going to have that setback so there’s a 5 foot buffer? Kate Aanenson: Correct. 15 Chanhassen City Council – July 27, 2015 Councilwoman Ryan: How is that then going to connect with the property next door as it goes down Lake Lucy? What does that look like because the property to the east has maybe a 1 or 2-foot buffer. How is that going to? Kate Aanenson: I’m assuming that working with the Park and Rec Director that they’ll make a transition there as you get towards that intersection they’ll make a transition. That’s something that we’ll work out in the final plat. I can bring that forward. I would refer to Mr. Hoffman on that. Councilwoman Ryan: Okay, and then my last question and my concern is just about that, the boulder wall. I know some neighbors that live down in the Shadow Ridge neighborhood have not been able to build up against the bluff before and some of the extensions of their back yards. There’s no concern about a boulder wall and as we’ve experienced in the city failing boulder walls, that then if you’re impeding on the bluff, something fails, how are they going to get access to that? You know that’s a concern of mine being so far back. Kate Aanenson: Yeah I think that’s one of the conditions. I’ll let the City Engineer address it too but one of the things that we’ve learned over time is how they’re engineered and how they’re constructed. We changed those standards. Paul Oehme: So City Council and Mayor, yeah. So we limit the height of our boulder walls down to no higher than 6 feet and any wall over 4 feet is going to have to be engineered and designed by a registered engineer as well so we’ll have those documentations before any of the wall is built and under this scenario the boulder walls are responsible, the responsibility of the homeowner to maintain and for its upkeep. Councilwoman Ryan: Okay. And one more question, thank you. In the commission meeting there was a suggestion about moving, instead of having 4 lots there would be 3 lots. Can you explain? Kate Aanenson: Sure I think there was just some discussion about the overall layout and our point being is the developer chose to go with an application. We could have put a retaining wall around the knoll and still put in 4 homes. I’m not sure that would have been a better subdivision because there are different zoning choices within that so they could have come in with the RLM and said I’m preserving an open space which is what we stated in our intent to apply for that zoning district. Even for a PUD they have to above and beyond for preservation which is doing even under the residential single family zoning district so you know normally we get people trying to do smaller lots and put more of them in so we hadn’t done one of this type before and again walking the site with the developer we felt like just the anomaly of that and how the houses sat. If you look in your staff report there’s a comment when we walked the site and it just talks about by grading it as proposed these areas of steep slope are limited to the subject property but they could potentially still build right up to that slope, and I’m reading from page 6 of 17. So staff’s position after walking it that we felt that this made a better layout as a whole instead of trying to put the 4 homes in there and kind of work around that existing feature. 16 Chanhassen City Council – July 27, 2015 Councilwoman Ryan: How about moving the homes forward so they’re not so far? I mean I get it’s going to be harder to sell a home on a lot… Kate Aanenson: It had some other challenges when you’re looking at sewer depths and things like that too so it’s the overall engineering for all of that to make that work. Councilwoman Ryan: Instead of moving the homes forward so they don’t back up to the bluff. Kate Aanenson: Correct. Yeah so if you, the plat itself showed potential placement. That doesn’t mean they’re going to go back as far as that but within that setback yeah. Councilwoman Ryan: Okay. Thank you. Mayor Laufenburger: Thank you Councilwoman Ryan. Any other questions? Ms. Aanenson I have just clarification. So the action the council is taking tonight is twofold. Rezoning the property to single family residential and then doing a subdivision to create these 4 lots, is that correct? Okay. But you mentioned a final plat. What will come back with a final plat? Kate Aanenson: So the conditions that are attached with the preliminary will come back. We’ll show you how they’ve been addressed. Either they’ve been met. No longer apply. We usually strike out bold so you can track all those conditions that we, how we’ve addressed them and so they’ll submit revised plans addressing all those issues so. Mayor Laufenburger: So that will be a check point that the developer will have with city staff and council that they’re doing what we expect them to do, is that correct? Kate Aanenson: Correct so Mayor how it works is the conditions of approval tonight are sent to the developer. These are the things you must follow to go to the next step so that’s kind of their marching orders. Mayor Laufenburger: But the action tonight, the action that we take tonight if it is approved is we are rezoning this single family residential and we are creating 4 lots. Okay. Alright. Any other questions or comment? Todd Gerhardt: And final plat and development contract will come back for your approval. Mayor Laufenburger: Thank you Mr. Gerhardt. Is the applicant, this is not necessary but is the applicant present tonight and would the applicant like to make a comment to the council? Welcome, state your name and address please. Tom Gonyea: Good evening Mayor, members of the council. Tom Gonyea with the Estate Development Corporation, 15250 Wayzata Boulevard in Minnetonka. Mayor Laufenburger: Welcome. 17 Chanhassen City Council – July 27, 2015 Tom Gonyea: Thank you. Worked with staff quite a while to try and balance this site and I think did a real fair job representing the challenges we’re up against and I think we came up with good plans so with that I’d open it to any questions of council if they have that of me so. Mayor Laufenburger: I think the primary question I have is you’re familiar with the Findings of Fact and the things that are required of you, that will likely be required of you for development? Tom Gonyea: Yeah absolutely. Mayor Laufenburger: And you’re comfortable with those? Tom Gonyea: Yes. Mayor Laufenburger: Very good, okay. Any questions for Mr. Gonyea? Alright, thank you for coming forward. Tom Gonyea: Thank you. Mayor Laufenburger: Nice to have you here tonight. Okay let’s bring it back to the council for comment or motion. Councilwoman Tjornhom: I’ll make a motion Mr. Mayor. Mayor Laufenburger: Thank you Councilwoman Tjornhom. Councilwoman Tjornhom: Mr. Mayor I’d like to make the motion that this Chanhassen City Council approves rezoning the property from Rural Residential District to Single Family Residential and subdivision approval with a variance to the bluff setback to create 4 lots and one outlot subject to the conditions of approval and adoption of the Findings of Fact. Mayor Laufenburger: Thank you Councilwoman Tjornhom. Is there a second? Councilman McDonald: I’ll second. Mayor Laufenburger: Thank you Councilman McDonald. We have a valid motion and a second. Is there any further discussion? Councilwoman Tjornhom moved, Councilman McDonald seconded that the City Council approve the rezoning from Rural Residential District (RR) to Single Family Residential (RSF), and Subdivision approval with a Variance to create four lots and one outlot subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: Rezoning: 18 Chanhassen City Council – July 27, 2015 1.Contingent on final plat approval. Subdivision : Building: 1.Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 2.Engineered design and building permits are required for retaining walls exceeding four feet in height. 3.Each lot must be provided with a separate sewer and water service. 4.Demolition permits must be obtained before demolishing any structures. 5.Proper removal, abandonment or sealing of storage tanks, on-site septic systems, wells, etc. is required. Permits are required, as applicable. 6.If applicable, existing home(s) affected by the new street will require address changes. Engineering: 1.The existing easements on the property shall be shown on the existing topography page of the plan set. 2.The easement dimensions must be revised over the sanitary sewer to provide adequate area to excavate the pipe for future maintenance at a 1:1 slope (minimum), or a 1:1.5 slope (preferred). 3.The developer shall dedicate a conservation easement over the wooded area being preserved adjacent to the wetland. The conservation easement language must allow the property owner of Lot 3, Block 1 to perform proper maintenance and/or replacement of their lower retaining wall or the conservation easement and/or wall must be shifted to allow enough area for said maintenance. 4.For future benefit, an access easement across Lot 4 must be granted to the property at 1430 Lake Lucy Road, or the portion of Lot 4 that lies between the cul-de-sac and 1430 Lake Lucy Road must be dedicated as public right-of-way. 5.The grading plan must be revised to include the proposed elevations at each lot corner. 6.Lot 1, Block 1 shall require drain tile service to promote drainage from the back to the front of the lot. 19 Chanhassen City Council – July 27, 2015 7.The wetland delineation is approved or, if need be, modified for approval and the setbacks and buffer areas are changed as necessary. 8.The Surface Water Pollution Prevention Plan shall be modified to include all elements as required in Parts III and IV of the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System. 9.The SWPPP shall list among the quantities the required volume of topsoil to spread six inches on all areas to be sodded or seeded. 10.The retaining walls will be owned and maintained by the individual property owners. 11.The plans shall show the top and bottom wall elevation for all proposed walls. 12.Walls over six feet high shall not be boulder walls. 13.Tiered boulder walls with a combined total height greater than six feet must have adequate spacing between such that they do not structurally impact one another. 14.The vegetation between tiered walls shall be low or no maintenance. 15.A stop sign shall be installed for traffic on Lakeway Drive before crossing or entering Lake Lucy Road. 16.The plan must show proposed driveway elevations at the center of the proposed driveway at the curb line as well as the maximum slope on each driveway. 17.The maximum allowed driveway grade is 10% at any point on the driveway. The Lot 1 and Lot 4 driveways must be revised to be under that maximum. 18.The plan shall be revised such that there is a five-foot buffer between the trail and traffic on Lake Lucy Road. 19.The pedestrian ramp at the corner of Lake Lucy Road and Yosemite Avenue shall be replaced with an ADA-compliant pedestrian ramp. 20.The City of Chanhassen standard detail plates for pedestrian ramps shall be added to the plan set. 21.The sanitary sewer main on site shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. 22.The eight-inch water main shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. 23.The proposed sanitary sewer and water main shall become city-owned after construction and acceptance by the City Council. 24.The city shall require the developer to extend the sanitary sewer and water main to the northern property line of Lot 1 for future connection of properties to the west. 20 Chanhassen City Council – July 27, 2015 25.The detail plates in the plan set must be updated with the most current City of Chanhassen plates. 26.The applicant’s engineer shall provide the anticipated operations and maintenance requirements for the infiltration system and shall demonstrate to the satisfaction of the city, how maintenance, including excavation can occur. 27.The applicant shall move MH 2 to the curb line and, if need be, move OCS 3 a commensurate distance. 28.The sump depth of MH2 shall be four feet. 29.A total of $14,722.50 in storm water utility connection charges shall be due at time of final plat. 30.The applicant is responsible for procurement of, and compliance with, any other agency approvals that may be necessary. 31.Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be assessed at the rate in effect at that time. Environmental Resources: 1.Tree protection fencing will be required at the construction limits prior to any grading. 2.Lots 1 through 4 will have the following quantities of trees planted, as shown on the landscape plan dated 6/16/15: Lot 1: 4 trees; Lot 2: 3 trees; Lot 3: 3 trees; Lot 4: 4 trees. Bufferyard plantings will be located on Lots 1, 2 and 4. 3.Conservation easement signage shall be installed at property lines and directional changes. 4.All retaining walls must be located outside of the Conservation Easement. Fire: 1.Provide a three-foot clear space around the new fire hydrant. 2.No burning permits will be issued for tree, brush removal. 3.Submit proposed street name to Chanhassen Building Official and Fire Marshal for review and approval. 4.Street name sign shall be installed prior to any building construction. Parks: 21 Chanhassen City Council – July 27, 2015 1.Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected. One lot is being granted park fee credit in recognition of the existing single-family residence that was on the property. The park fees will be collected in full at the rate in force upon final plat submission and approval. All voted in favor except Councilwoman Ryan who opposed and the motion carried with a vote of 4 to 1. TOTAL WINE & MORE, 510 LAKE DRIVE, OUTLOT B, VILLAGES ON THE PONDS TH 4 ADDITION: A.PUBLIC HEARING ON A REQUEST FOR AN OFF-SALE INTOXICATING LIQUOR LICENSE, APPLICANT: MINNESOTA FINE WINES & SPIRITS, LLC DBA TOTAL WINE & MORE. Mayor Laufenburger: Now we’re about to go to the item H on our agenda which includes a public hearing and I just want to make a couple comments before we do this. I’m just getting to that section of my packet that relates to this folks. Okay, before we go to the next item on our agenda let me just make a moment to explain the process that we use for these items. There are two items here specifically and we will take these two items independently. First addressing the application for a license and then secondly addressing the PUD amendment, the final plat approval and the site plan review. First I will introduce the item and then I will ask for a staff report. Once the staff is complete I will ask if there are any questions from the council. Then I will have some brief remarks before the public hearing and I will then ask the applicant, assuming the applicant is present. I believe they are. I will ask the applicant if they would like to make a comment, limiting their comment to the same time that I will limit public comments. Then we will have a public hearing until the public hearing is concluded. I will then close the public hearing. Bring the item back to the council for further questions, comments or motions. Now my expectation is that anyone who wishes to address the council tonight during the public hearing will be able to do so. It will require patience on all of our part but I believe that’s the case so that’s how we will proceed. So the next item on our agenda tonight is Item H(1)(a). Application for off-sale intoxicating liquor license by Minnesota Fine Wines and Spirits. May we have a staff report please. Todd Gerhardt: Mayor, City Council members. This is an off-sale liquor license request for Total Wine and More. The location map shows it’s at 510 Lake Drive East. To the east of Bookoo Bikes. To the north of Summerwood. To the west of Community Bank and to the south of Houlihan’s Restaurant. Carver County Sheriff’s office completed the background check and no negative comments were found. State statute and city code does not limit the number of off- sale licenses. Does not limit the size of liquor stores nor the distance requirements between off- sale liquor stores. No distance requirements from churches or schools. The applicant currently meets all State and City license requirements at this time. Staff recommends approval of the off- sale liquor license request from Total Wine and More contingent upon approval of site plan. Final approval from the Minnesota Department of Public Safety. This is a public hearing and staff would ask that you open the public hearing at this time. 22