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PC Staff Report 09-15-2015CITY OF CHANHASSENaN H A SS PROPOSED MOTION: PC DATE: September 15, 2015 u —I CC DATE: October 12, 2015 REVIEW DEADLINE: October 13, 2015 CASE #: 2015-16 BY: RG, TJ, ML, JM, JS, SS "The Chanhassen Planning Commission recommends that City Council approve the PUD rezoning, Conditional Use Permit and Subdivision approval with a Variance from the western perimeter setback subject to the conditions of approval, and adopts the Findings of Fact and Recommendation." SUMMARY OF REQUEST: The applicant is requesting a rezoning from Agricultural Estate District (A-2) to Planned Unit Development -Residential (PUD -R); Conditional Use Permit for development within the Bluff Creek Corridor; and Subdivision with Variances creating 21 lots and 4 outlets (Arbor Glen). LOCATION: 9170 Great Plains Boulevard APPLICANT: Arbor Glen Chanhassen, LLC 3360 Bavaria Road Chaska, MN 55318 (813)777-0015 meklo@wrd3.com b Gianetti Properties, LLC 2899 Hudson Boulevard St. Paul, MN 55128 PRESENT ZONING: Agricultural Estate District (A-2) and Bluff Creek Overlay District 2020 LAND USE PLAN: Residential Low Density (net density 1.2 – 4 units per acre) ACREAGE: 8.5 acres DENSITY: 4.0 units per net acre (5.22 acres) LEVEL OF CITY DISCRETION IN DECISION- MAKING: The City has a relatively high level of discretion in approving rezonings, PUDs and amendments to PUDs because the City is acting in its legislative or policy-making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 2 of 26 The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting a rezoning from Agricultural Estate District (A-2) to Planned Unit Development -Residential (PUD -R) to permit a detached townhouse -type development. A Conditional Use Permit is required for development within the Bluff Creek Corridor. The applicant is also requesting subdivision approval creating 21 lots and 4 outlots with variances from the perimeter setback requirement from the western property line. The applicant is proposing a planned unit development on an approximate 8.5 -acre parcel. Approximately 2.4 acres of the property is encumbered by a high-quality wetland that is listed on the MN DNR Public Waters Inventory. The land is currently zoned A2 (Agricultural Estate District) and is guided single-family residential with a density of 1.2 to 4 lots per acre. The applicant is proposing 21 single-family residences on the net 6.12 acres for a density of 3.4 units per acre. The access would be provided by extending Crossroads Boulevard into a private cul-de- sac across Lyman Boulevard. Two private roads off the cul-de-sac will provide access to additional lots. The applicant is also requesting variances from existing design standards and does not meet any of the volume reduction requirements. The property lies within the Bluff Creek Overlay District and the applicant is proposing to grade within the primary zone. This property has several constraints on development. Access to Highway 101 is not permitted so the access is at Crossroads Boulevard and Lyman Boulevard only. Williams Pipeline runs across the northern portion of the development within an 80 -foot wide easement that begins 25 feet south of the northerly property line. A 20 -foot structure setback is required from the easement. The southern third of the property consists of wetlands and is part of the Bluff Creek Primary Zone requiring significant buffer areas and structure setbacks. Additionally, there is a 34 -foot elevation change over 300 feet running from the north to south of the property. Previous development proposals for the site include a commercial center and a twin home development. The commercial center was withdrawn due to the constraints on the property and the need to change the land use. The twin home project did not go forward due to the changing market conditions and the housing retrenchment. However, the proposed development of Arbor Glen provides an economically viable project that can fit within the constraints of the site (subject to the revisions contained within this report), is in harmony with surrounding development and is consistent with the comprehensive plan. Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 3 of 26 APPLICABLE REGULATIONS Chapter 18, Subdivisions Chapter 20, Article II, Division 2, Amendments Chapter 20, Article 1I, Division 3, Variances Chapter 20, Article rV, Conditional Use Permits Chapter 20, Article V1, Wetland Protection Chapter 20, Article VIII Planned Unit Development District On January 9, 2006, the Chanhassen City Council approved the following: A. "Comprehensive Plan Amendment incorporating the property in the Metropolitan Urban Services Area (MUSA)." B. "Concept and Preliminary Planned Unit Development rezoning the property from A2, Agricultural Estate District to PUD -R, Planned Unit Development — Residential." C. "Preliminary plat creating 18 lots, two outlots and right-of-way for public streets." Prior to the development review in 2006, the property contained a single-family home. The majority of the upland on the site had been farmed. PLANNED UNIT DEVELOPMENT Justification for Rezoning to PUD The applicant is requesting to rezone approximately eight acres from A-2, Agricultural Estate to PUD -R, Planned Unit Development -Residential. The project consists of 21 villa -type homes, a detached townhouse unit. The existing zoning of the property, A-2, is not consistent with the land use designation of the property, Residential Low Density. The comprehensive plan allows less intensive land uses to remain in place. However, any approval by the city for development of the property must be consistent with the comprehensive plan. The proposed planned unit development does not appear to "result in a significantly higher quality and more sensitive proposal than would have been the case with the use of other, more standard zoning districts (§20-501)." The plan must seek to enhance and protect the natural resources beyond what would occur with a traditional development. Unfortunately, in the current iteration there are deficiencies that would not meet the base requirements of a traditional development. The plan should be amended to provide the 1.1 inch of abstraction as required by Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 4 of 26 law, minimize or eliminate grading in the bluff creek primary zone and provide enhanced buffers. City staff has offered to meet with the developer and the watershed district to look for a solution to the stormwater management requirements for this development and will be available to do so in the future should the developer request. The following zoning districts would be consistent with a Residential Low Density land use: Single -Family Residential (RSF), Mixed Low Density Residential (R-4), Low and Medium Density Residential (RLM), and Planned Unit Development — Residential (PUD -R). Due to the type of development being proposed (detached townhouses), the PUD -R zoning is the only district that would allow the proposed project. Section 20-501. Intent Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD in this instance is to permit a detached townhouse -style development. In exchange for this enhanced flexibility, the City has the expectation that the development plan will result in a significantly higher quality and more - sensitive proposal than would have been the case with the other more standard zoning districts. The proposed development provides a compatible development with the surrounding development. Development Design Standards a. Intent The purpose of this zone is to create a villa -style housing development, PUD Residential zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more -sensitive proposal. All utilities are required to be placed underground. Except as modified by the Arbor Glen development standards, the development must comply with the Residential Low and Medium Density District, RLM. b. Permitted Uses The permitted uses within the neighborhood shall be 21 homes and appropriate accessory structures. Low -intensity neighborhood -oriented accessory structures to meet daily needs of residents may include bus shelter, development signage, garden, gazebo, maintenance shed, picnic shelter, permanent open space, playground equipment, public or private art or trails. c. Lot Requirements Minimum Lot Size: 5,900 square feet Minimum Frontage: 50 feet at building setback Minimum Depth: 100 feet Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 5 of 26 d. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. #Lots 1 and 2, Block 2 are requesting a variance to permit a 20 -foot PUD perimeter setback. *The entire development, including the private street and outlots, may not exceed 25 percent hard coverage. CONDITIONAL USE PERMIT The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of careful site design and other low -impact practices. This parcel is partially encumbered by the Bluff Creek Overlay District. Outlot C contains the Bluff Creek Corridor primary zone. The Primary Corridor is designated open space. All structures must meet a 40 -foot structural setback from the Primary Corridor boundary as required by Chanhassen City Code. In addition, no grading is allowed within the first 20 feet of the Primary Corridor. The current plans propose grading within 20 feet of the Primary Corridor. The plans should be revised to eliminate grading within this area. If this is not possible, then the developer shall prepare a restoration plan for the Bluff Creek Corridor. A drainage and utility easement shall be dedicated over all of Outlot C. The developer may dedicate Outlot C to the city. A plan for the establishment of native vegetation in the buffer shall be prepared. The applicant is proposing a 21 -lot and 4-outlot subdivision of the property. Standards Highway 101 and Lyman Blvd. 50 feet Perimeter Project Lot Lines 50 feet # Gas Pipeline 20 feet from easement Front - Interior private street 25 feet to curb; side yard (street) 10 feet to curb Side Lot Line 6 feet Rear Lot Line 30 feet Hard Surface Coverage Maximum 2,942 square feet per lot Wetland: Buffer and buffer setback 20 feet and 30 feet Bluff Creek Primary zone boundary 40 feet Building Height 35 feet #Lots 1 and 2, Block 2 are requesting a variance to permit a 20 -foot PUD perimeter setback. *The entire development, including the private street and outlots, may not exceed 25 percent hard coverage. CONDITIONAL USE PERMIT The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of careful site design and other low -impact practices. This parcel is partially encumbered by the Bluff Creek Overlay District. Outlot C contains the Bluff Creek Corridor primary zone. The Primary Corridor is designated open space. All structures must meet a 40 -foot structural setback from the Primary Corridor boundary as required by Chanhassen City Code. In addition, no grading is allowed within the first 20 feet of the Primary Corridor. The current plans propose grading within 20 feet of the Primary Corridor. The plans should be revised to eliminate grading within this area. If this is not possible, then the developer shall prepare a restoration plan for the Bluff Creek Corridor. A drainage and utility easement shall be dedicated over all of Outlot C. The developer may dedicate Outlot C to the city. A plan for the establishment of native vegetation in the buffer shall be prepared. The applicant is proposing a 21 -lot and 4-outlot subdivision of the property. Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 6 of 26 OUTLOT EASEMENTS Right-of-way is dedicated along the northern and eastern portion of the property for Lyman Boulevard and Highway 101. A pipeline easement is dedicated to Williams Pipe Line Company, LLC for the high-pressure pipeline located across the northern part of the property. The preliminary plat proposes to grant drainage and utility easements over Outlot B and Outlot C. The city shall require a drainage and utility easement be granted over Outlot A as well. If the developer desires development signage, they will need to revise the easement to exclude a portion for such signage, which may not be located within an easement. The drainage and utility easements are shown in the preliminary plat around the perimeter of each lot as well as locations of public utilities. A 10 -foot easement is required on the rear lot lines of Lots 1 through 9, Block 3. GRADING Drainage The entire site drains to an unnamed water body, Public Water Wetland 214W, which discharges to Bluff Creek. Bluff Creek is an impaired water and a TMDL Implementation Plan was completed in August of 2013. The Creek is impaired for turbidity and for fish indices of biological integrity. The stressor ID report indicated that flow was a major contributor to the impairment. hi particular, flashy flows where the creek quickly achieves bankfull conditions and the absence of a sustained baseflow volume. Both of these conditions are attributable to the increase in hardcover within the watershed which increases runoff rates and volumes while Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 7 of 26 decreasing infiltration which would allow for more sustainable and consistent baseflows. The proposed design does meet the rate reduction requirements. Also, discharge rates from the pond into the wetland appear to be below scouring velocities. In order to fully evaluate how the site grading may affect adjacent properties, the topography must show 100 feet beyond the property boundary to the west, including the first floor elevation of the building on the adjacent lot. The grading plan must be revised to include the house pads and driveway locations so that staff can evaluate the driveway design and determine that the grading will send water away from all structures. Per City Code §20-481(e)(1), the lowest floor elevation must be a minimum of three feet above the highest known groundwater elevation. The soil boring, B1, found groundwater at elevation 914. Several lots near that boring have a full basement or lookout -style home that would put the lowest floor elevation several feet under the known ground water. If water is encountered during construction, the low floor elevations of these proposed homes must be revised to comply with a three-foot separation from groundwater. Lots 5 and 6, Block 3 are adjacent to an Emergency Over -Flow (EOF) which will carry storm water when the capacity of the proposed system is exceeded. The lowest building openings of Lots 5 and 6, Block 3 must be adjusted to a minimum of one foot above the EOF elevation or the EOF must be relocated. A standard lot benching detail shall be included in the plan set. For slope stabilization, graded slopes shall not exceed a 3:1 ratio. The grading plan must be revised at the back of Lot 5, Block 2, between Lots 2 and 3, Block 3 and between the retaining walls to be no greater than 3:1. Erosion Prevention and Sediment Control The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). No Surface Water Pollution Prevention Plan (SWPPP) was prepared and submitted it to the city as required with the submittal. This SWPPP must contain all required elements as listed in Parts III and IV of the permit. The City has a checklist of required elements that can be made available to the applicant's engineer. The PCA also has a template available on their website. The applicant must prepare a SWPPP with all required elements and submit to the city for review and approval prior to final plat approval. No earth - disturbing activities can occur without an approved SWPPP, erosion control plan and receipt of the NPDES construction permit from the PCA. Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 8 of 26 The plan set did include an erosion control plan. This plan is missing many of the elements required by Section 19-145 of city code. Some specific elements of either the NPDES or Chapter 19 requirements that are missing include the following: 1. All ditches and swales must be stabilized within 24 hours of connecting to surface water or discharging offsite. 2. Energy dissipation must be installed at all outlets within 24 hours of being put online. 3. A 50 -foot natural buffer is to be preserved around or redundant sediment controls must be provided when a surface water is located within 50 feet of the project. 4. Roads must be cleaned of tracked materials daily. 5. Detail of temporary basin outlet. The outlet must take water from the surface of the basin. 6. A list of when the city must be notified throughout construction. 7. Chain of responsibility and training documentation. 8. List of downstream receiving waters and any known impairments. 9. Six inches of topsoil meeting MnDOT specification for Common Topsoil Borrow as shown in table 3877-1 of the 2014 MnDOT manual. 10. Temporary stockpile location(s) and appropriate sediment controls. 11. Drainage boundaries and direction of drainage. 12. Inspection frequency of best management practices. 13. Maintenance requirements of best management practices. 14. Record retention. 15. Final stabilization for entire site. 16. Soil management on site to preserve topsoil and minimize soil compaction. 17. SWPPP amendments. 18. Schedule of activities. In addition, a narrative must be prepared as part of the SWPPP that discusses the construction activity and other topics as required by the NPDES permit. Given the presence of a high-quality wetland and an impaired water downstream of the site, it is important that these deficiencies are addressed before final plat approval. The quantities provided by the applicant's engineer will be used to determine erosion control escrow. Planning Commission Arbor Glen - Planning Case 2015-16 September 15, 2015 Page 9 of 26 SITE CONSTRAINTS Wetland Protection There is a large wetland on the property. This is the type 1 and type 3 fringe of a much larger type 5 wetland that extends south and west through city property towards Powers Boulevard. This wetland was delineated by Bopray Environmental on April 23, 2015. The report was submitted to the city for notification on June 9, 2015 and was determined to be complete and c-sA.HNO. 16(LYMMBLVo.) noticed on June 11, 2015. The - -- comment period ends on July 2, 2015 and staff will make a determination . , T as to the accuracy of the ° °'• =_ �_ — - determination and delineation on July 6, 2015. Any approvals will be e 3 .a a „°•'; : + 1 contingent upon approval of the pdatt^ 24tz delineated wetland boundary. If the boundary is changed, the buffers and ` \ 3�o `arrn, n . , \ �t09Y i3 2 (z setbacks must change accordingly. This includes the Bluff Creek 5� 4Ab \ .`Sft j4 U r n s P F Overlay District primary zone and will be discussed later. W. The provided plan avoids any "• _wo, wetland fill or excavation based upon > >'' the submitted boundary. This ?' wetland is classified as a manage 1 wetland according to the city's . . . . . . . . - - - wetland protection plan. A manage I . . • . . • . . wetland requires a 25 -foot permanent buffer established and maintained Figure 1. Wetland buffer configuration (green hatch) with with native vegetation. A 30 -foot averaging and monument location. setback from that buffer edge is required for all structures. The Riley Purgatory Bluff Creek Watershed District Rules were adopted in October of 2014 and went into effect in January of this year. The district requires an average buffer of 60 feet with a minimum buffer width of 30 feet. The district does allow ponds within the buffer area provided they maintain the minimum buffer width. Under the district -allowed buffer averaging, the area of the buffer after averaging must be at least equivalent to the area of a non -averaged buffer. Given that a 60 -foot buffer would have 41,808 square feet, the proposed average buffer consisting of 41,888 square feet meets that criteria. The purpose of the setback from the wetland buffer is to provide adequate area for secondary structures common to residential lots that may not always be constructed with the home. Examples of these include patios, decks, fire pits and the like. Given the following: Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 10 of 26 1. The city buffer plus setback is contained within the district buffer; 2. The product proposed for the site already has "outdoor living" facilities included in the plan; and 3. The presence of a retaining wall acting as a physical barrier between the yards and the buffer; the setbacks, indicated by the orange line in Figure 1, are adequate for this development. The placement of the buffer monuments should be at the perimeter of the averaged buffer rather than on the lot corners as shown and should be coincidental with the BCOD monuments. Also, as this is a PUD and the intent of the Bluff Creek Overlay District is to promote green space preservation through cluster housing and other innovative planning and development techniques, the entire buffer should be placed in the outlot. The buffer will be required to have a vegetation management plan and soil amendments. These are discussed in more detail within the Bluff Creek Overlay District section to follow. Bluff Protection There are no bluffs on the site. There are areas with steep slopes and consideration should be given to these in the design of drainage and the placement of erosion prevention and sediment control practices. Shoreland Management The property does not lie within any shoreland district; however, it does contain a DNR Public Water as indicated on the Carver County Public Waters Inventory map. Floodplain Overlay This property does not lie within a floodplain. RETAINING WALLS The developer proposes three retaining walls on this site, all located south of proposed homes in Block 3 in a tiered configuration. These walls shall be owned and maintained by a Homeowners Association (HOA). The plan set shall call out the material for these retaining walls. Walls over six feet tall (Wall B) shall not be boulder walls. Tiered boulder walls with a combined total height greater than six feet tall must have adequate spacing between such that they do not structurally impact one another. The vegetation between tiered walls shall be low or no maintenance. Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 11 of 26 3Ou 9E t n Z sena iel L I I - 0eE6fa , cu I) mmol Iwvn Q,, aeleul e� I.. 3 pL$5 sevels; I� ceteii uPos ie I I S 4 I I a 4 I a940!'J II, ej - J a'sosds a'e0adei 'To-._ I� Eel6n 8d rt8il Wall � I�I 310, BF 1 rp.,g86701W 6 BF740 r L . • �� t / l • / /7Q aB$ ,•y , ; eF r r / a % 7111�111 i Wall B . m0 -11 ' I 2i wmOWW a31 — I a do � 4 I \ m-'oLL Wall C �/ eF C7a I j Wall A is approximately 310 feet long across Lots 3-8, Block 3. The wall is a maximum of three feet tall. Wall B sits below Wall A and is 570 feet long across Lots 2-11, Block 3. The wall is a maximum of 6.5 feet tall. Wall C sits below Wall B and is approximately 150 feet long across Lots 10 and 11, Block 3. This wall is four feet tall. Retaining walls greater than four feet in height require a permit and must be designed by a structural engineer licensed in Minnesota. The emergency overflow (EOF) between Lots 5 and 6 in Block 3 flows towards Wall A and Wall B. Staff will work with the engineer designing the stormwater system and the structural engineer designing the walls regarding conveyance of the water for this EOF or this EOF must be relocated. STREETS The proposed street plan consists of a private cul-de-sac to access Lyman Boulevard (CSAH 18) opposite the intersection with Crossroads Boulevard. This 90 -foot diameter cul-de-sac would be WOo roaoF I .�r I ar sono � Wall A is approximately 310 feet long across Lots 3-8, Block 3. The wall is a maximum of three feet tall. Wall B sits below Wall A and is 570 feet long across Lots 2-11, Block 3. The wall is a maximum of 6.5 feet tall. Wall C sits below Wall B and is approximately 150 feet long across Lots 10 and 11, Block 3. This wall is four feet tall. Retaining walls greater than four feet in height require a permit and must be designed by a structural engineer licensed in Minnesota. The emergency overflow (EOF) between Lots 5 and 6 in Block 3 flows towards Wall A and Wall B. Staff will work with the engineer designing the stormwater system and the structural engineer designing the walls regarding conveyance of the water for this EOF or this EOF must be relocated. STREETS The proposed street plan consists of a private cul-de-sac to access Lyman Boulevard (CSAH 18) opposite the intersection with Crossroads Boulevard. This 90 -foot diameter cul-de-sac would be Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 12 of 26 named Crossroads Court and would also have two private road legs that would provide access to three additional lots each. The cul-de-sac is approximately 517 feet long with a profile grade of 4.08%. An 88 -foot landing at 2.05% grade is provided for vehicles at the intersection with Lyman Boulevard (CSAH 18). The roadway width proposed is 24 feet, which is greater than the minimum 20 feet required. The reverse curves at the entrance to Arbor Glen have not been designed to 30 mph standards. Crossroads Court will require speed limit signage to indicate an appropriate speed for entering vehicles. The applicant's engineer shall submit documentation for the design speed selection and show turning movements in the plan set to demonstrate that larger vehicles will be able to navigate the roadway curvature. The two private roads are 20 feet wide. The North Private Drive has a profile grade of 1 %. The South Private Drive has a profile grade of 3.14% to 1.57%. A vertical curve is required between the two grades. The curve and line table for the horizontal alignments of all streets must be revised to match the plan sheets. The specifications for this project must be revised to match the current City of Chanhassen Standard Specifications and Detail Plates and the proposed plan set, including but not limited to the pavement design. The applicant must obtain permits from Carver County for construction of an access and all other work in their right-of-way. They must also comply with the following comments received from the Carver County Engineering Office: 1. There is an existing field entrance (curb cut) on 101. We would like to see that curb cut removed since access will be from CSAH 18. 2. The drainage along the corridor right-of-way should remain in a similar flow direction. It appears from the contours that the construction of the berm may impede drainage. 3. Any grading or other work within the road right-of-way will require a permit. DRIVEWAYS AND TRAILS The plan sheet must show the locations of proposed driveways. The applicant has proposed a 10 -foot bituminous trail on the west side of State Highway 101 within MnDOT right-of-way. This trail meanders from a 5 -foot offset from the back of curb to a 25 -foot offset. An ADA -compliant pedestrian ramp shall be constructed where the trail intersects Lyman Boulevard. The City of Chanhassen Standard Detail Plates for pedestrian ramps shall be added to the plan set. Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 13 of 26 The applicant must obtain a permit for any work in the MnDOT right-of-way. A five-foot wide sidewalk is proposed to connect pedestrians from within the Arbor Glen development to the bituminous trail system along State Highway 101. The sidewalk begins at the end of the northern private roadway and jogs east to connect with the proposed trail. Profile grades shall be shown for the sidewalk and bituminous trail. SANITARY SEWER AND WATERMAIN The developer proposes to directionally bore a connection under Lyman Boulevard (CSAH 18) to the existing sanitary sewer manhole on Crossroads Boulevard. This connection is at a depth that allows gravity sanitary sewer access to all the proposed lots on this development. The minimum sanitary sewer grade that the city will accept is 0.40%; therefore, setting the design grade to this minimum is not advisable. The plan must have a design grade that the developer and engineer are confident that the construction process will achieve the minimum of 0.40%. If the grade is flatter than 0.40% at the time of acceptance, the city will require the sanitary sewer be excavated and reconstructed to meet the grade requirement. Staff recommends use of 0.50% minimum design grade. The sanitary sewer main on site will be 8 -inch PVC and shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. The developer shall connect to an existing watermain stub on the property and loop their water through a connection to watermain along State Highway 101. The 8 -inch watermain pipe plans shall be revised to call out C900 as the pipe material and shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. The proposed sanitary sewer and water main shall become city -owned after construction and acceptance by the City Council. The proposed plan shows the stormwater infiltration system above the watermain from the South Private Drive to Highway 101. Maintenance of the watermain underneath a system of that type would be problematic. The watermain connection to Highway 101 shall be relocated away from the stormwater infiltration system. STORM WATER MANAGEMENT Article VII, Chapter 19 of city code describes the required storm water management development standards. Section 19-141 states that "these development standards shall be reflected in plans prepared by developers and/or project proposers in the design and layout of site plans, subdivisions and water management features." Section 19-144 stipulates that water quality treatment must meet NURP criteria or NPDES construction permit, whichever is more restrictive. Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 14 of 26 This site lies within the boundaries of the Riley -Purgatory -Bluff Creek Watershed District and is subject to their stormwater management requirements. These requirements are similar to Minimal Impact Design Standards and have the same required removals of total phosphorus and total suspended solids as does Chanhassen's code. Chanhassen's MS4 permit was re -issued in 2014. Part III.D.S states that each MS4 is required to develop local controls that require new developments, in excess of one acre, to have no net -increase in stormwater discharge volume nor any increase in TP and TSS from predevelopment conditions. Finally, the NPDES construction permit, under which the applicant must develop, states that: "Where a project's ultimate development replaces vegetation and/or other pervious surfaces with one (1) or more acres of cumulative impervious surface, the Permittee(s) must design the project so that the water quality volume of one (1) inch of runoff from the new impervious surfaces created by the project is retained on site (i.e. infiltration or other volume -reduction practices) and not discharged to a surface water." In summary, the stormwater management must meet the following standards: 1. Volume Reduction: 1.0 inches of runoff from new impervious surfaces must be retained on- site through infiltration or other accepted practices such as re -use and not discharge off site. 2. Total Suspended Solids (TSS) Reduction: Net decrease in TSS post -development compared to pre -development leaving the site. 3. Total Phosphorus (TP): Net decrease in TP post -development compared to pre -development leaving the site. 4. Rate Reduction: No increase in peak discharge rates for the 2 -year, the 10 -year and the 100 -year return frequency storm events. The applicant is proposing to install a trident underground storage and filtration system and a stormwater detention pond. The facility will act solely as a filtration device and will not provide any infiltration and, therefore, will not meet the requirements of any of the aforementioned regulations. Both the MS4 and the NPDES Construction permits talk about situations where it is infeasible to infiltrate stormwater. The applicant has not provided evidence that it is infeasible to meet the requirements. Further, infiltration is not the sole method of abstraction. Since this will be maintained by the association, this area should be included in a separate Outlot to be owned by the association. Included with the application packet was a geotechnical report from January of 2007. This report was performed with expectation of construction of a single retail building and is specific to that use. No borings were advanced within 150 feet of the Highway 101 right-of-way where there may be adequate space to install an infiltration feature. In two of the five borings provided, significant sand layers are noted in the borehole logs. This finding indicates that opportunity for infiltration does exist on the site. The applicant must meet the volume reduction requirements or provide evidence that the site, in its entirety, meets the criteria by which infiltration is infeasible as discussed in the NPDES Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 15 of 26 permits. In the case of the latter, the applicant must evaluate other methods of volume reduction. The applicant will need to get the approval of the RPBCWD if they meet the standards of and are issued a permit for stormwater management by the district in which case they will satisfy city requirements. They were informed at a May 1" meeting with the city of this need. Staffoffered to attend that meeting to help coordinate their efforts and minimize duplicative efforts. As of this report the meeting has not occurred. The treatment facilities being proposed do not result in a reduction of TP as required by the NPDES permit but rather increases loading by 50% over pre -developed conditions. The following table shows the pre -development and post -development loads of total suspended solids and total phosphorus. Table 1. Annual loading rates pre- andpost- develo ment Stormwater manhole 12 is near the center of the cul-de-sac. Ponding and collecting water in this area would potentially damage the pavement during freeze/thaw cycles. The stormwater catch basins inside the cul-de-sac bubble shall be relocated to the curb line and comply with the city's standard detail for cul-de-sacs. Operations and Maintenance Part III.D.5.a(5) of the GENERAL PERMIT AUTHORIZATION TO DISCHARGE STORMWATER ASSOCIATED WITH SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM/STATE DISPOSAL SYSTEM (NPDES/SDS) PERMIT PROGRAM requires that "The permittee's Regulatory Mechanism(s) shall provide for the establishment of legal mechanism(s) between the permittee and owners or operators responsible for the long-term maintenance of structural stormwater BMPs not owned or operated by the permittee, that have been implemented to meet the conditions for post -construction stormwater management in Part III.D.5.a(2)." The permit continues on to discuss minimum provisions to allow for inspection of and preservation of function of the facility as well as transfer of responsibilities in the event the facility is sold. The city has developed a maintenance agreement and this shall be revised accordingly, executed and recorded against the property. In addition, the developer or their representative shall develop an operations and maintenance manual which shall specify the anticipated inspection and maintenance schedule necessary in order to ensure there is no significant decreases in the practices' efficacies. This operations and maintenance manual shall be referenced in the maintenance agreement. The pond shall be included within the outlot which shall be dedicated to the city. This area will not be used to calculate the SWMP fees discussed in the next section. The trident shall be placed in a drainage and utility easement. Pre -development Loading Rates (LB/YR) Post -development Loading Rates (LB/YR) Net reduction/increase in annual load TSS 385.3 220.4 -164.9 TP 1.8 2.7 +0.9 Stormwater manhole 12 is near the center of the cul-de-sac. Ponding and collecting water in this area would potentially damage the pavement during freeze/thaw cycles. The stormwater catch basins inside the cul-de-sac bubble shall be relocated to the curb line and comply with the city's standard detail for cul-de-sacs. Operations and Maintenance Part III.D.5.a(5) of the GENERAL PERMIT AUTHORIZATION TO DISCHARGE STORMWATER ASSOCIATED WITH SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM/STATE DISPOSAL SYSTEM (NPDES/SDS) PERMIT PROGRAM requires that "The permittee's Regulatory Mechanism(s) shall provide for the establishment of legal mechanism(s) between the permittee and owners or operators responsible for the long-term maintenance of structural stormwater BMPs not owned or operated by the permittee, that have been implemented to meet the conditions for post -construction stormwater management in Part III.D.5.a(2)." The permit continues on to discuss minimum provisions to allow for inspection of and preservation of function of the facility as well as transfer of responsibilities in the event the facility is sold. The city has developed a maintenance agreement and this shall be revised accordingly, executed and recorded against the property. In addition, the developer or their representative shall develop an operations and maintenance manual which shall specify the anticipated inspection and maintenance schedule necessary in order to ensure there is no significant decreases in the practices' efficacies. This operations and maintenance manual shall be referenced in the maintenance agreement. The pond shall be included within the outlot which shall be dedicated to the city. This area will not be used to calculate the SWMP fees discussed in the next section. The trident shall be placed in a drainage and utility easement. Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 16 of 26 Storm Water Utility Connection Charges Section 4-30 of city code sets out the fees associated with surface water management. A water quality and water quantity fee are collected with a subdivision. These fees are based on land use type and are intended to reflect the fact that the more intense the development type the greater the volume, rate and pollutant load of runoff. This fee will be applied to Blocks 1, 2 and 3 as well as all private drives and roads. It is calculated as shown in the table below. Table 2. Surface Water Connection Fee calculation ASSESSMENTS 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. The remaining partial hookup fees are due with the building permit. LANDSCAPING AND TREE PRESERVATION The applicant for the Arbor Glen property development has submitted tree canopy coverage and preservation calculations. They are as follows: Total upland area (excluding wetlands) 6.11 ac. or 266,475 SF Baseline canopy coverage 0% or 0 SF Minimum canopy coverage allowed 25% or 66,618 SF Proposed tree preservation 0% The applicant did submit a tree inventory or preservation plan. The only trees on the site are located within the wetland buffer and will be removed to construct a pond. Arbor Glen does not propose to preserve any existing trees. To bring the canopy coverage on the site up to the required 25%, a total of 61 trees will be required to be planted. The applicant has proposed a total of 78 trees, located in the front yard of each lot and in the bufferyards. Ordinance requires that at least 75% of the required trees be overstory species. The applicant has proposed 40 overstory trees. An additional 18 overstory trees shall be planted throughout the development to meet the minimum required. Per acre rate Assessable Area Totals Water Quality $3,110.00 5.22 $16,234.20 Water Quantity $4,440.00 5.22 $23,176.80 Credit $1,555.00 3.9 acres treated Total due at final plat $33,346.50 ASSESSMENTS 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. The remaining partial hookup fees are due with the building permit. LANDSCAPING AND TREE PRESERVATION The applicant for the Arbor Glen property development has submitted tree canopy coverage and preservation calculations. They are as follows: Total upland area (excluding wetlands) 6.11 ac. or 266,475 SF Baseline canopy coverage 0% or 0 SF Minimum canopy coverage allowed 25% or 66,618 SF Proposed tree preservation 0% The applicant did submit a tree inventory or preservation plan. The only trees on the site are located within the wetland buffer and will be removed to construct a pond. Arbor Glen does not propose to preserve any existing trees. To bring the canopy coverage on the site up to the required 25%, a total of 61 trees will be required to be planted. The applicant has proposed a total of 78 trees, located in the front yard of each lot and in the bufferyards. Ordinance requires that at least 75% of the required trees be overstory species. The applicant has proposed 40 overstory trees. An additional 18 overstory trees shall be planted throughout the development to meet the minimum required. Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 17 of 26 The applicant is required to provide bufferyard plantings along Lyman Blvd and Highway 101. Bufferyard requirements are as shown in the table: Landscaping Item Required Proposed Bufferyard B — North property line, 11 overstory trees 12 overstory trees Lyman Blvd., 560', 15' width 22 understory trees 23 understory trees 33 shrubs 39 shrubs Bufferyard B — East property line, Hwy 8 Overstory trees 7 Overstory trees 101, 420', 15' width 16 Understory trees 15 Understory trees 25 shrubs 18 shrubs The applicant does not meet bufferyard landscaping requirements along the east property line, but does meet overall quantities required with the addition of one shrub. The applicant does not provide information on restoration plans for the wetland buffer. Staff recommends that a revised landscape plan be submitted showing seeding and planting proposed to create a native buffer. This area is within the Primary Zone of the Bluff Creek Overlay District and shall be restored with a full distribution of native plants. The applicant shall submit a tree inventory and tree preservation calculations as required by ordinance prior to final plat review and approval. MISCELLANEOUS Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. Engineered design and building permits are required for retaining walls exceeding four feet in height. Each lot must be provided with a separate sewer and water service. Demolition permits must be obtained before demolishing any structures. Proper removal, abandonment or sealing of storage tanks, on-site septic systems, wells, etc. is required. Permits are required, as applicable. Proposed street names shall be submitted for streets currently labeled "private drive." If applicable, existing home(s) affected by the new street will require address changes. The development must provide/maintain three-foot clear space around fire hydrants. The two private driveways will be required to have street names. Street names must be submitted to the Building Official and Fire Marshal for review and approval. The proposed fire hydrant located by Lot 1, Block 2 must be relocated to the property line between Lots 3 and 4, Block 2. Prior to combustible home construction, fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. Street signs (temporary allowed) shall be installed prior to building permits being issued. The Fire Marshal must approve all signage. Fire hydrants shall be made serviceable prior to combustible construction. Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 18 of 26 PARKS AND TRAILS Comprehensive Plan — Parks and Open Space The quality and number of recreational facilities in a community directly contributes to its quality of life. For this reason, the City of Chanhassen places a strong emphasis on parks and open space. As the city has developed and increased in population, more pressure and attention has been given to providing recreational opportunities for our residents. Increased leisure time, health awareness, greater mobility, and high disposable incomes have all contributed to the increased demand for recreational activities. The challenge of the next century will be to provide facilities for a growing and diverse population. Parks can be defined as public areas that provide active or passive -oriented recreational facilities. A significant characteristic of parkland is its accessibility to its users. Open space is any parcel that is not used for buildings or other structures and is left in a natural state. Parks and open space perform diverse functions: meets physical and psychological needs, enhances and protects the resource base, enhances real estate values, and provides a positive impact on economic development. Comprehensive Park Plan The city's comprehensive park plan calls for a neighborhood park to be located within one-half mile of every residence in the city or within one mile of a community park. The proposed Arbor Glen development is located within the park service areas of two neighborhood parks — Chanhassen Hills Park and Riley Ridge Park, and one community park — Bandimere Park. These three public facilities offer a wide variety of park features including walking trails, playgrounds, picnic shelters, open play fields, outdoor basketball hoops, ball fields and a disc golf course. No additional parkland acquisition is being recommended as a condition of this subdivision. Comprehensive Trail Plan The proposed development will construct a section of ten -foot wide bituminous trail starting at the southwest intersection of Lyman Boulevard and Great Plains Boulevard and traveling south for approximately 675 feet to the southern terminus of the property. Future development activity to the south will extend the trail to a connection point at the Bandimere Park pedestrian underpass. The planned street and sidewalk plan must provide convenient pedestrian access from each of the homes to the planned and in-place pedestrian improvements at the intersection of Lyman Boulevard and Great Plains Boulevard. RECOMMENDED CONDITIONS OF APPROVAL 1. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication; at current park fee rates this fee would total $121,800; and Planning Commission Arbor Glen – Planning Case 2015-16 September 15, 2015 Page 19 of 26 2. Construction of Great Plains Boulevard trail from the southwest intersection of Lyman Boulevard and Great Plains Boulevard traveling south for approximately 675 feet to the southern terminus of the property. The developer shall provide design, engineering, construction and testing services required of the Great Plains Boulevard trail. All construction documents, including material costs, shall be delivered to the Park and Recreation Director and City Engineer for approval prior to the initiation of construction. The trail shall be 10 feet in width, surfaced with asphalt and constructed to meet all city specifications. The applicant shall be reimbursed by the City for the cost of the aggregate base, trail surfacing, and storm water systems utilized to construct the trail. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials noted. Labor and installation, design, engineering and testing services are not reimbursable expenses. COMPLIANCE TABLE Lot Area (sq. ft.) Lot Width Lot Depth Maximum Site Coverage (sq. ft.) Notes Code UD 51900 50 100 2,942 L 1 B 1 7,838 62 114 Pipeline easement, side yard private street L 2 B 1 7,118 54 54 132 Pipeline easement L 3 B 1 8,235 54 152 Pipeline easement L 4 B 1 8,101 54 147 Pipeline easement L 5 B 1 7,049 54 135 Pipeline easement L 1 B 2 9,290 67 138 Pipeline easement, Hwy 101 L 2 B 2 7,374 54 138 Hwy 101 L 3 B 2 7,601 54 138 Hwy 101 L 4 B 2 7,789 54 142 Hwy 101 L 5 B 2 7,267 54 130 Hwy 101, side yard private street Ll B 3 7,336 67 102 Pipeline easement, Perimeter setback variance request L 2 B 3 8,541 54 125 Perimeter setback variance re uest L 3 B 3 9,099 54 128 Bluff Creek, Wetland L 4 B 3 5,989 54 111 Bluff Creek, Wetland L 5 B-3 6,212 54 114 Bluff Creek, Wetland L 6 B 3 6,673 54 124 Bluff Creek, Wetland L 7 B 3 7,028 57 125 Bluff Creek, Wetland L 8 B 3 6,783 54 127 Bluff Creek, Wetland Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 20 of 26 7v mcL M ouumng secoacx as permitted on cul-de-sac VARIANCES The applicant is requesting a variance from the perimeter PUD setback requirement from 50 feet to 20 feet. The existing access to Lyman Boulevard to this property was established with the development of the property to the north. This alignment limits the size of the lots on the west perimeter of the project. Given the specific housing types being proposed with the development, a variance is necessary to create an adequate building pad. The house to the west of the development is set back 75 feet from the property line and screened with a dense area of trees and shrubs. The proposed setback should not negatively impact the existing house. RECOMMENDATION Staff recommends that the Planning Commission approve the rezoning, subdivision with variance and conditional use permit subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: REZONING Contingent on Final Plat approval for the Arbor Glen Development. Lot Area (sq. ft.) Lot Width Lot Depth Maximum Site Coverage s . ft. Notes Code (PUD) 5,900 50 100 2,942 L 9 B 3 6,437 54 120 Bluff Creek, Wetland L 10 B 3 6,696 57 106 Bluff Creek, Wetland L 11 B 3 6,983 61 111 Bluff Creek, Wetland Outlot A 4,964 Potential access to property to west. Pipeline Easement Outlot B 34,383 Outlot C 142,247 3.27 acres, Wetland, Storm Water Pond and Drainage Outlot D 22,639 0.52 acres, Private Street ROW 37,206 Total 369,756 8.49 Acres 7v mcL M ouumng secoacx as permitted on cul-de-sac VARIANCES The applicant is requesting a variance from the perimeter PUD setback requirement from 50 feet to 20 feet. The existing access to Lyman Boulevard to this property was established with the development of the property to the north. This alignment limits the size of the lots on the west perimeter of the project. Given the specific housing types being proposed with the development, a variance is necessary to create an adequate building pad. The house to the west of the development is set back 75 feet from the property line and screened with a dense area of trees and shrubs. The proposed setback should not negatively impact the existing house. RECOMMENDATION Staff recommends that the Planning Commission approve the rezoning, subdivision with variance and conditional use permit subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: REZONING Contingent on Final Plat approval for the Arbor Glen Development. Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 21 of 26 SUBDIVISION WITH VARIANCE 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. Engineering: 1. There is an existing field entrance (curb cut) on 101. The curb cut shall be removed since access will be from CSAH 18. 2. The drainage along the corridor right-of-way should remain in a similar flow direction. It appears from the contours that with the building of the berm there may be an area that does not drain. 3. Any grading or other work within the road right-of-way will require a permit from Carver County. 4. The City shall require a drainage and utility easement to be granted over Outlot A. 5. A 10 -foot easement is required on the rear lot lines of Lots 1 through 9, Block 3. 6. The topography must show 100 feet beyond the property boundary to the west, including the first floor elevation of the building on the adjacent lot. 7. The grading plan must be revised to include the house pads and driveway locations 8. The low floor elevations of these proposed homes must be revised to comply with a three- foot separation from groundwater encountered during construction. 9. The lowest building openings of Lots 5 and 6, Block 3 must be adjusted to a minimum of one foot above the emergency overflow (EOF) elevation or the EOF must be relocated. 10. A standard lot benching detail shall be included in the plan set. Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 22 of 26 11. The grading plan must be revised at the back of Lot 5, Block 2, between Lots 2 and 3, Block 3 and between the retaining walls to be no greater than 3:1. 12. The Surface Water Pollution Prevention Plan with all elements required by the NPDES Construction Permit shall be prepared and supplied to the city for approval with the final plat and prior to any earth -disturbing activities. 13. Proof of the NPDES Construction Permit having been procured by the applicant shall be supplied to the city prior to any earth -disturbing activities. 14. The entire buffer area shall be placed into Outlot C and the outlot shall be dedicated to the city. 15. The trident underground storage and filtration system shall be located in a separate outlot from Outlot C. 16. A detailed planting schedule, including types and size of plants if plugs are to be used or the seed composition, source and application rate and method if the area is to be seeded, must be provided to the city for review and approval before final plat. Yellow tags for the plant source must be provided to the city. The plants shall be native and free of neonicotinoids. 17. A detailed maintenance schedule for establishment of vegetation within the primary zone and buffer shall be provided to the city before final plat. 18. The soils within the buffer area shall be prepared by ripping to a depth of 12 inches to loosen them and shall meet MnDOT Specification 3877-3 for Sandy Clay Loam Topsoil Borrow. 19. All residential lots shall have a minimum of six inches of topsoil meeting the specifications for MnDOT Specification 3877-1 for Common Topsoil Borrow placed on all areas to be seeded or sodded. 20. Monuments indicating the Bluff Creek Overlay District shall be placed at every other property corner and at an angle of deflection greater than seven percent, but in no case shall they be greater than 150 feet apart. The signs shall be installed immediately subsequent to completion of final grade below the wall and before any building permits are issued for Lots 2 through 11, Block 3. The plans shall be changed to reflect this requirement before final plat. 21. Retaining walls shall be owned and maintained by a Homeowners Association (HOA). The plan set shall call out the material for these retaining walls. 22. Walls over six feet tall (Wall B) shall not be boulder walls. Tiered boulder walls with a combined total height greater than six feet tall must have adequate spacing between such that they do not structurally impact one another. 23. The vegetation between tiered walls shall be low or no maintenance. Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 23 of 26 24. The emergency overflow (EOF) between Lots 5 and 6, Block 3 flows towards Wall A and Wall B. Staff will work with the engineer designing the stormwater system and the structural engineer designing the walls regarding conveyance of the water or relocation of this EOF. 25. A vertical curve is required for the transition between +3.14% and -1.57% grade on the South Private Drive. 26. The curve and line table for the horizontal alignments of all streets must be revised to be consistent with the plan sheets. 27. The specifications for this project must be revised to match the current City of Chanhassen Standard Specifications and Detail Plates and the proposed plan set, including but not limited to the pavement design. 28. The applicant's engineer shall submit documentation for the design speed selection and show turning movements in the plan set to demonstrate that larger vehicles will be able to navigate the roadway curvature. 29. The applicant must obtain permits from Carver County for construction of an access and all other work in their right-of-way. They must also comply with the comments received from the Carver County Engineering Office. 30. An ADA -compliant pedestrian ramp shall be constructed where the trail intersects Lyman Boulevard. 31. The City of Chanhassen Standard Detail Plates for pedestrian ramps shall be added to the plan set. 32. The applicant must obtain a permit for any work in the MnDOT right-of-way. 33. Profile grades shall be shown for the sidewalk and bituminous trail. 34. The plan must have a design grade that developer and engineer are confident that the construction process will achieve the minimum of 0.40%. If the grade is flatter than 0.40% at the time of acceptance, the city will require the sanitary sewer be excavated and reconstructed to meet the grade requirement. Staff recommends use of 0.50% minimum design grade. 35. The 8 -inch watermain pipe plans shall be revised to call out C900 as the pipe material and shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. 36. The watermain connection to Highway 101 shall be relocated away from the stormwater infiltration system. 37. The proposed sanitary sewer and water main shall become city -owned after construction and acceptance by the city council. Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 24 of 26 38. The applicant must meet the stone water management standards prescribed in Section 19-144 of city code which incorporates the NPDES construction permit by reference. This requires a volume reduction of 1.0 inches of water quality volume from all new impervious surfaces or provide evidence that the site, in its entirety, meets the criteria by which infiltration is infeasible as discussed in the NPDES permits. If adequate evidence is provided that infiltration is found to be infeasible, then the applicant must evaluate other methods of abstraction. 39. The proposed storm water management system must meet the required reduction in total phosphorus and total suspended solids. 40. The stormwater catch basins inside the cul-de-sac bubble shall be relocated to the curb line and comply with the Chanhassen Standard Detail for cul-de-sacs. 41. A Homeowners Association (HOA) must be established that is responsible for the maintenance and operation of the trident system if it is approved. 42. The city -authored maintenance agreement for stormwater management facilities shall be revised accordingly, executed and recorded against the property. 43. The applicant shall develop an operations and maintenance manual which shall specify anticipated inspection and maintenance, as well as schedule, necessary to ensure there is not significant decreases in the practices' efficacies. This operations and maintenance manual shall be referenced in the maintenance agreement. 44. SWMP fees estimated to be $33,346.50 are due at the time of final plat. 45. The applicant is responsible for applying for, procuring approvals from and meeting the requirements of all other agencies with jurisdiction over the project including, but not limited to, the Minnesota Pollution Control Agency and the Riley -Purgatory -Bluff Creek Watershed District. 46. 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. A total of 18 additional overstory trees shall be planted throughout the development. The applicant will submit a revised landscape plan. 2. A wetland buffer restoration plan shall be included in the revised landscape plan. 3. The applicant shall submit a tree inventory and tree preservation calculations as required by ordinance prior to final plat review and approval. Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 25 of 26 Fire: 1. Provide/maintain three-foot clear space around fire hydrants. 2. The two private driveways will be required to have address signage which shall be submitted to the Chanhassen Building Official and Fire Marshal for review and approval. 3. Relocate the proposed fire hydrant located by Lot 1, Block 2 to the property line between Lots 3 and 4, Block 2. 4. Prior to combustible home construction, fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 5. Street signs (temporary allowed) shall be installed prior to building permits being issued. The Fire Marshal must approve street signage. 6. Prior to combustible construction fire hydrants shall be made serviceable. Parks: 1. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. 2. Construction of Great Plains Boulevard trail from the southwest intersection of Lyman Boulevard and Great Plains Boulevard traveling south for approximately 675 feet to the southern terminus of the property. The developer shall provide design, engineering, construction and testing services required of the Great Plains Boulevard trail. All construction documents, including material costs, shall be delivered to the Park and Recreation Director and City Engineer for approval prior to the initiation of construction. The trail shall be 10 feet in width, surfaced with asphalt and constructed to meet all city specifications. The applicant shall be reimbursed by the City for the cost of the aggregate base, trail surfacing, and storm water systems utilized to construct the trail as well as for redesign of the plans if necessary. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials noted. Labor and installation, design, engineering and testing services are not reimbursable expenses. CONDITIONAL USE PERMIT 1. The developer may dedicate Outlot C to the City. 2. The developer shall prepare a restoration plan for the Bluff Creek Corridor. 3. The buffer will be required to have a vegetation management plan and soil amendments. Planning Commission Arbor Glen — Planning Case 2015-16 September 15, 2015 Page 26 of 26 ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Arbor Glen Narrative. 4. Reduced Copy Survey. 5. Reduced Copy Preliminary Plat. 6. Reduced Copy Final Plat. 7. Reduced Copy Title. 8. Reduced Copy Street Plan (2 sheets). 9. Reduced Copy Sanitary Sewer and Watermain Plan. 10. Reduced Copy Storm Sewer Plan (2 sheets). 11. Reduced Copy Grading Plan. 12. Reduced Copy Erosion Control Plan. 13. Reduced Copy Landscape Plan. 14. Reduced Copy Detail Sheets (3 sheets). 15. Reduced Copy Buffer Averaging Plan. 16. Sample Building Elevations, Northfield. 17. Sample Elevations. 18. Sample Floor Plan, Piceno VII. 19. Email from Jennie Skancke, DNR dated June 12, 2015. 20. Memo from Scott Sobiech of Barr Engineering dated June 27, 2015. 21. Public Hearing Notice and Affidavit of Mailing List. gAplan\2015 planning cases\2015-16 arbor glen\staff report arbor glen.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Arbor Glen Chanhassen, LLC and Gianetti Properties, LLC for a Concept and Preliminary Planned Unit Development approval to Rezone from A2, Agricultural Estate District, to PUD -R, Planned Unit Development -Residential; Subdivision approval to create 21 lots and 4 outlots with a variance for setbacks; and a Conditional Use Permit to permit development within the Bluff Creek Overlay District, on 8.29 acres — Arbor Glen — Planning Case 2015-16. On September 15, 2015, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Arbor Glen Chanhassen, LLC and Gianetti Properties, LLC for concept and preliminary Planned Unit Development, preliminary plat approval with a variance and conditional use permit for development of property. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District, A2. 2. The property is guided in the Land Use Plan for Residential — Low Density use. 3. The legal description of the property is: All that part of the northerly 730.00 feet of the North Half of the Southwest Quarter of Section 24, Township 116, Range 23, as measured along the West line thereof and lying westerly of the center line of State Highway No. 101. The centerline of said Highway No. 101 is described as follows: Beginning at a point on the North line of the Southwest Quarter of Section 24, Township 116, Range 23, a distance of 632.52 feet east of the Northwest corner of said Southwest Quarter; the bearing of the North line of the Southwest Quarter is assumed to be South 88 degrees 46 minutes 29 seconds East. Thence South 4 degrees 24 minutes 47 seconds West a distance of 413.72 feet thence on a tangential curve, concave to the east having a central angle of 11 degrees 38 minutes 21 seconds and a radius of 1962.29 feet a distance of 398.62 feet. Thence South 7 degrees 13 minutes 34 seconds East tangent to the last described curve, a distance of 217.65 feet thence on a tangential curve, concave to the west having a central angle of 14 degrees 29 minutes 17 seconds and a radius of 1166.15 feet a distance of 294.88 feet, more or less, to a point on the South line of the North Half of the Southwest Quarter of Section 24, Township 116, Range 23 and there terminating said point a distance of 660.44 feet easterly of the Southwest corner of the North Half of the Southwest Quarter. All in Carver County, Minnesota and subject to all easements of record. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e. The proposed subdivision will not cause significant adverse environmental damage; f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: (1) Lack of adequate storm water drainage. (2) Lack of adequate roads. (3) Lack of adequate sanitary sewer systems. (4) Lack of adequate off-site public improvements or support systems. 5. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b. The proposed use is compatible with the present and future land uses of the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance subject to the granting of the setback variance. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. e. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. Traffic generation by the proposed use is within capabilities of streets serving the property. 6. Variance a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The construction of a single-family home is a normal use of the property in a residential district, which is in harmony with the general purposes and intent of the PUD - R district being proposed. Providing adequate access to the site dictated the configuration of the lots on the western edge of the development. This configuration also forced the location of the buildings on the site, which require a variance to create a suitable building pad. b. When there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The alignment of the access road from Lyman Boulevard was established with the development of the property to the north. The difficulty is that the house pad is pushed further to the west, resulting in the need for a variance. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based on economic considerations alone. The applicant desires to construct single-family homes on the site consistent with the land use designation of the property. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The access to the site was determined with previous development approvals for the property to the north. e. The variance, if granted, will not alter the essential character of the locality (similar home sizes). Finding: The homes proposed with the development will be compatible with existing housing in the area. The houses to the west are set back approximately 75 feet from the property line with a dense area of trees and shrubs. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 7. Conditional Use Permit a. The proposed development will not be detrimental to or degrade the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The proposed houses are compatible with neighboring development. Storm water management will be included as part of the development. b. The proposed development will be consistent with the objectives of the city's comprehensive plan and the zoning ordinance subject to the variance approval on the western two lots. c. The proposed development will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. The proposed development will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed development will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. The proposed development will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. The proposed development will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. The proposed development will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. The proposed development will be aesthetically compatible with the area. k. The proposed development will not depreciate surrounding property values. 1. The proposed development will meet standards prescribed for certain uses as provided in the Conditional Use article. 8. The planning report #2015-16 dated September 15, 2015, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve rezoning the property from A2 to PUD -R; Preliminary Plat creating 21 lots and 4 outlets with a variance from the perimeter PUD setback requirement; and a Conditional Use Permit to develop within the Bluff Creek Overlay District. ADOPTED by the Chanhassen Planning Commission thisl5th day of September, 2015. CHANHASSEN PLANNING COMMISSION PW Andrew Aller, Its Chairman g:\plan\2015 planning cases\2015-16 arbor glenViindings of fact.doc COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard JUN n R 2015CITY OF CHANHASSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952)227-1300/ Fax: (952) 227-1110 CHANHASSENPLANNINi5iQEPi APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: PC Date:. 2 1-7 1 IS CC Date: i I 60 -Day Review Date: 7 ( 5 (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment .........................$600 ED/ Subdivision (SUB) Minor MUSA line for failing on-site sewers ...... $100 ❑ fireate 3 lots or less.......:.................................$300 ❑ Cotional Use Permit (CUP) © Create over 3 lots ..................... 00 + $115 -ger lot ® Single -Family Residence ................................. 325 E:1 All Others ......................................................... 425 El Interim Use Permit (IUP) [:1 In conjunction with Single -Family Residence.. $325 EJAll Others .........................................................$425 tyl Rezpnfng (REZ) Q Planned Unit Development (PUD).......... E] Minor Amendment to existing PUD ........ E:1 All Others ................................................ '15° .... 50 0 .......$500 El Sign Plan Review...................................................$150 ❑ Site Plan Review (SPR) El Administrative ..................................................$100 ElCommercial/Industrial Districts` ......................$500 Plus $10 per 1,000 square feet of building area: ( thousand square feet) `Include number of existinc employees: "Include number of new employees: ❑ Residential Districts.........................................$500 (lots) W ❑ Metes & Bounds ........................ $300 + $50 per lot (_ lots) ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat ..........................................................$700 Includes $450 escrow for attorney costs' 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC) ........ $300 (Additional recording fees may apply) EKVariance (VAR) ................................................... $20 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence...............................$150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ......................................................$100 ❑ Zoning Ordinance Amendment (ZOA) .................$500 Plus $5 per dwelling unit (_ units NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ._ ® Notification Sign (City to install and remove)....................................................................................................................... $200,, —oo Ly' Property Owners' List within 500' (City to generate after pre -application meeting)...... .4..X3.. ..\�a..=..$3 per address (_ addresses) Es5mw for Recording Documents (check all that apply) ....................................... ........$50 per document Conditional Use Permit El Interim Use Permit ❑ Site Plan Agreement ❑ Vacation [J VarianceZ ElWetland Alteration Permit El Metes & Bounds Subdivision (number of deeds to be recorded: _) TOTAL FEE: Section 2: Required Information Description of Proposal: Property Address or Location: cl l -7O F Parcel#: 9+S�:>OCILAAi00 Legal Description: Total Acreage: Wetlands Present Zoning: — Agy'sPyltuvv Present Land Use Designation:5P i Existing Use of Property: it4V�C lir( ❑ Check box is separate narrative is attached. Yes ❑ No Requested Zoning: Requested Land Use Designation: iE Id VL C l AMPI ANT 0TWR THAN PRIDPERTYOWNER: In sig ing mis41kk-Milan t, as aTrphwt mpprr-wnt tomme umishied usjl>tirP:t ,��itnm ricin lin p �sPtJ@y oJ+Tw :U r.0 Luis. 30000n. I agora If, be Ixaln,n;I by taxitft7a jet �` appiarr;,d. subjaacl �Srdy f aYxrtghliDaCErcttLth3a.akf aoningnpottrr2iin,ynralinmgrrm,lY�pc al(unitdItemsa«pik'allar,riamtrialbeemragr iby I tr atutxWy mvricr. I have attaci jopmeaia rkz:LTit wLia,: ur Tu' c qO eaPWRY To rl a It'aj appltnaUon. 1 MS Irrfllicalinm 11411$ he nrsacaaesrmt in Fly r4Inra and I am 041 party wfotr Itx> ;y !.h.aiald €omact rt irav'rp sir y fr#11 tr pertrsvuny la Cfx!P ;4M tragi. I wi I kmwg m yseiiIrdormea w tied Pd,lr;,q.1w sour SsLns:1 rmatmiA And rw -3f aWnsN of chis appC—,c ajW r_ t r4?V!Qf ynawule Mal ai?Sa;it} W fest/ may be Uj ar&Rrl fatr rs m Milli; (efts, rc+sib 11"yy 541i>J Lw e[L. wol :X�t &:iYlf"ialtn prior 10 cony mAhormatert to Pwftd wth the steady I ceriU'y Iha; lho irrf rmatb s:'td eM°ilbda..cuamati,p_� ansa fnaar ra',rtr9 crur�+ca. Naar7e." wYiYYk' rt?, S9rNX;t e Cora fit F,aat _ ���� Dane 11 _. PROPERTY CWf #ZR- in sitong ihtri app��.x l n, I, 4w P,wpsrty [inane:', ruayo Tull lmgrq capacity to, and herr fry da, aur. wrrrr. the filmy ur rlae at>'pkt41W I WILT A8nd ftIL covuAHlpt'a. of ap{+t,3a'al itarldvg nM rsUrrse, teatw bVdo, by Uaace dwlxtYUona, Sub act infer to b1le MON W obcct at the tta,5r'�r�d i1P r11r„sp trot apt�:.9; lr==.vF4:a+ v tistill fey ntya€tt' Trina, b y Lmi 4 dcai iadv Iter sub"ra#n+sn at Mal of A and iNt prnziatsa at rh s "k90 alnii,. l luratuta• trrndaWil kd it+n5 u cf informed feoe f atm4w mr 4tultsrp f(im; feaSttwllly Stadion, etc:. wffia ar fi4U tisrie Prior eta ufay uulhprT�dn to leDeftPAIV nVIM She be 6131114y.. I Tar ry Ihdt Urn irdutilholkxi dn). aKhbits Subm red are Mint and EQn`Eal. I. i Phoma _ (tell _ Tax-. /15-)- , sci- Data =r�- Theca applr_aUar muk be txrtaarletlat: it fuq and be hVpmTanW or offiar5y prlrt9(ad and nruai tea aixwrroonirrd by mill rrh.'rnr remain k4VJ Wars fIJ14UM by Spplk aUfe Cory o miname lartA mloft. ilnfare piing t.a r>g plka io n, refer Is this 3PPrap ek Asultcmwir Grocklist &V ocinil r with hm Pimnrxmp nrpmrimenl to d .winitirr the qwc tc on*anm aftc appkmte prr. .alural mquammamb A dtrtarnnk atr n stP cirmptebsnass �r Vt® aY7pNagbr afaafl h c elope vr»FYav 1S ten+ a ax eye of applcerlia' sutylrril4aP A wnUren ntrltt a r wkmation dotimamas ahaN ten n5taled w Thr wppak°Ant water, i , bmskmo d ry% of ApiplowIlon, I Addrg �.Ily1S 3111 fit€ �_ i - t i. Cell Ettar -. _ .. �_C17, 01 1 Fax rn. Who should rec+etwe edw” of alae wepwis? Pippeny001w Via.qel E11021ktd Pi:,4m Copy (� +4 pts Via: Ems Maim AfaiMaim Papt r envie C LAt;lrw.r V,x 0 F ba it 0 tlw1w Paw Cutre C f}ihiP' Ysa: rj Emsm ❑ Riaieu Papas cwj 'OttW Cunteti InFormatIon: Naftne �4ddra5s _ CITY OF CHANHASSEt. RECEIVED Arbor Glen JUN n N 201`i CHANHASSEN PLANNING DEPT Narrative This project is designed for detached single level villas. The homes are 40 feet wide and 50 to 65 feet deep. They will have a two car garage and range in size from 1500 to 2000 square feet on the main floor. All the homes will have a covered porch. The smallest unit will have 2 bedrooms and 2 baths on the main floor. The middle unit will have 3 bedrooms or 2 bedrooms and a den. And the largest unit will have 3 bedrooms plus a den. 11 units will have walk out lower levels. 5 units with look out windows on the lower level and 5 units with full basements or slab on grade. All units will be fully handicap adaptable. Interiors will have 9 to 10 foot ceilings, granite countertops and luxury master baths. Exteriors will be cement board and vinyl siding with stone accents. Dimensional shingles (25 year). The project will have an HOA association. The HOA will take care of everything exterior. Specifically, the snow removal, lawn mowing and sprinkler systems. All exterior maintenance of the home as well (roofing, siding and painting).The HOA will also be responsible for the outlots. The premise of the project is to have a home that I can live in till I'm quite elderly and only have the interior of my unit to maintain. My unit will be adaptable to any changes in my health. And I can lock the door and go anywhere for any amount of time and not worry about the exterior. Condo type freedom while I'm still living in my detached single family. The site itself offers a lot of SW exposure over a large wetland. Hopefully lots of wildlife and birds. The site is also very conveniently located just off of 212 for easy access in multiple directions. The price range for the units will be in the high 300's to the high 400's. And we feel that detached single family units will add to the value of all the existing housing in the area more so than any other type of product. There also is a demand for this type of unit in this price range for people 55 plus (although this is not an age restricted community) wanting to downsize, have more freedom to go south in the winter or travel more and yet have their own home not attached to someone else. Thanks Mark Eklo I - - / W w Sz D N 'w 9a,s. alb p t cc, a y-..sx 9aaa$gig p_os�s z Q�ul UUC W N ....... lmB' B6�Om® a m Q (� U. 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Covered Outdoor Living Opt. Gas Fireplace at Outdoor Covered Living Opt. Pocket Sliding Glass Door Living . Garage Lanai.. Entry ... Total Sq. Ft. Opt. Tandem Garage Opt. Alternate Deluxe Master Bath Opt. Free Standing Tub at Alternate Deluxe Master Bath (Not Available w/ Standard Bath) 2 Opt. Shower ilo Tub at Bath 2 8WROOM 3 11'.8^x 9'-8^ C) SM Opt. Bedroom 3 SCANNED Generous, Bob From: Skancke, Jennie (DNR) <Jennie.Skancke@state.mn.us> Sent: Friday, June 12, 2015 11:28 AM To: Meuwissen, Kim; Generous, Bob; 'Kate Miner'; 'chentges@co.carver.mn.us'; Haworth, Brooke (DNR); 'cbleser@rpbcwd.org' Cc: Jeffery, Terry; Resner, Kathryn (DNR) Subject: RE: City of Chanhassen Agency Review Request for 9170 Great Plains Boulevard (Arbor Glen) - DNR comments Follow Up Flag: Follow up Flag Status: Flagged Kim, Thank you for the opportunity to comment. I don't have any shoreland related zoning comments. However, please note that the wetland on site is DNR public water 10-214. The outfall from the newly constructed stormwater pond will likely need a public waters work permit. The DNR is working with the Riley Purgatory Bluff Creek Watershed District to delegate permitting authority, so the District may assume permit responsibility for the outfall. Regardless, state rules address the use of public waters for stormwater discharge. See 6115.0230 related to permitting outfalls, where the project must not exceed minimum damage to the environment of the waters, particularly ecology and 6115.0231 Subp3. The project is not detrimental to public values, including... water quality. We would expect that the stormwater inputs to the wetland be shown to have no detrimental effect to the water quality of the wetland and would like to see an assessment of such before the final plat is approved with the current stormwater configuration. I have previously communicated as part of the WCA process that 10-214 does not have an established OHW. However, we are happy to identify and flag the DNR jurisdictional OHW in the field, should it be needed for any reason. However, I believe that the wetland buffer requirements are based upon delineated wetland edge regardless of jurisdiction so an OHW may not be necessary. Thank you, Jennie Jennie Skancke - Area Hydrologist (Scott, Dakota and Carver Counties) MnDNR 1 1200 Warner Road I St. Paul, MN 55106 1 T: 651-259-5790 1 Jennie.Skancke0state.mn.us From: Meuwissen, Kim[mailto:kmeuwissen@ci.chanhassen.mn.usj Sent: Thursday, June 11, 2015 12:53 PM To: 'Kate Miner'; 'chentges@co.carver.mn.us'; Skancke, Jennie (DNR); Haworth, Brooke (DNR); 'cbleser@rpbcwd.org'; 'Maureen.Arnst@centurylink.com';'brenda.sudheimer@centurylink.com'; 'randall.olson@centurylink.com'; 'cthompson@mediacomcc.com';'cherie.monson@CenterPointEnergy.com'; 'Machemehl, Linda K'; 'Karl. r.joh nson@xcelenergy.com' Cc: Generous, Bob; Mohn, Jerry; Fauske, Alyson; Smith, Stephanie; Littfin, Mark; Sinclair, Jill; Hoffman, Todd; Jeffery, Terry Subject: City of Chanhassen Agency Review Request for 9170 Great Plains Boulevard (Arbor Glen) Development Plan Review Agencies: Please review the attached request and respond with your comments no later than Thursday, June 25, 2015 to: Bob Generous, Senior Planner City of Chanhassen PO Box 147 Chanhassen, MN 55317 952-227-1131 baenerous@ci.chanhassen.mn.us Replies to this email will be automatically be copied to Bob. You can view the project documents at http://www.ci.chanhassen.mn.us/2015-16. Thank you! 0Kint Meuwissen Sr. Communications/Administrative Support Specialist 952-227-1107 kmeuwissena.d.chanhassen.mn us CITY OF CHANHASSEN 7700 MARKET BOULEVARD PO BOX 147 CHANHASSEN. MN 55317 91 Find us on Facebook resourceful. naturally. BARB engineering and environmental consultants Memorandum To: Terry Jeffery, Water Resources Coordinator From: Scott Sobiech, PE Subject: Arbor Glen Preliminary Plan Review by Riley -Purgatory -Bluff Creek Watershed District Date: June 27, 2015 c: Claire Bleser; Administrator Riley -Purgatory -Bluff Creek Watershed District This proposed development will need a Riley -Purgatory -Bluff Creek Watershed District (RPBCWD) permit prior to beginning construction activities. We appreciate the opportunity to provide preliminary comments on the project. The RPBCWD has not received a permit application for this project but offers the following preliminary comments for the proposed Arbor Glen development at 9170 Great Plains Boulevard in Chanhassen, MN. Based on the information provided to date, the proposed design does not meet the RPBCWD rules and Erosion and Sediment Control, Wetland and Creek Buffer, Waterbody Crossing and Structure, and Stormwater Management permits from RPBCWD will likely be required prior to construction. We encourage the developer to discuss the project with the RPBCWD prior to submitting an application. The RPBCWD permit application, rules and rule guidance are available for download on the RPBCWD website: http://www.rpbcwd.org/permits/. The following general comments are based on the rules that would likely apply to this project and highlight the areas where revisions or additional information would be needed to meet the RPBCWD rules. These review comments do not constitute approval, a variance, or exemption from the rules. Therefore this project will require permit approvals from the RPBCWD Board of Managers. o An Erosion and Sediment Control Permit (Rule C) is required from the RPBCWD because more than 50 cubic yards of earth will be placed, altered, or removed and more than 5,000 square feet of land -surface area will altered (Rule C, Section 2.1). Please see Rule C, Section 3 for the applicable criteria that must be included with the erosion control aspects of the proposed project. o A Wetland and Creek Buffer Permit (Rule D) is required from the RPBCWD because the proposed activities will require RPBCWD under Rule G and J (Rule D Section 2). The comments below only highlight some initial concerns identified related to wetland buffer shown. • The buffer widths are based on the RPBCWD wetland value classification in appendix D1 of the rules. A MnRAM assessment is needed to fully determine the wetland value classifications in Appendix D1 will be needed. The proposed Stormwater management facilities must be at least the minimum buffer width away from the delineated wetland edge. Because a MnRAM assessment was not provided it is not possible to know if the minimum buffer width is maintained per Rule D, subsection 3.2d. Barr Engineering Co. 4700 West 77th Street, Suite 200, Minneapolis, MN 55435 952.832.2600 www.barr.com To: From: Scott Sobiech, PE Subject: Arbor Glen Preliminary Plan Review by Riley -Purgatory -Bluff Creek Watershed District Date: June 27, 2015 Paae: 2 o A Waterbody Crossing and Structures permit (Rule G) will likely be required because it appears there with be a structure place in the bed or bank of a water of the state. o A Stormwater Management Permit (Rule J) is required for this project because more than 50 cubic yards of earth will be placed, altered, or removed and more than 5,000 square feet of land - surface area will be altered (Rule J, Section 2.1) based on the information provided by the City. Based on the information provided, the criteria in Rule J, Section 3 would apply to the entire parcel. Comments provided below are preliminary and general in nature and the applicant should review the RPBCWD's Stormwater Management Rule for full details on submittal requirements. The following criteria would apply. An applicant for a permit under this rule must demonstrate, using a model utilizing the most recent applicable National Weather Service reference data (e.g., Atlas 14), that the implementation of its stormwater management plan will: • Limit peak runoff flow rates to that from existing conditions for the two-, 10- and 100 -year frequency storm events using a nested 24-hour rainfall distribution, and a 100 -year frequency, 10 -day snowmelt event, for all points where stormwater discharge leaves the site. The SCS Type II distribution has been superseded by information published in Atlas 14 and is not applicable to RPBCWD permit applications. The analysis must be revised to use a nested storm distribution (or frequency -based hyetograph) developed utilizing the most recent applicable National Weather Service reference data (e.g., Atlas 14). An example nested storm distribution can be provided by the RPBCWD. Provide for the abstraction onsite of 1.1 inches of runoff from the new or fully reconstructed impervious surface of the parcel; • The current information suggests only filtration will be provided onsite. Filtration practices provide for no abstraction. The soil boring information suggests areas on the site may be suitable for infiltration. In addition, other abstraction methods, such as reuse, should be considered. • The bottom of filtration facilities must be at least three feet above the seasonal high water table. The groundwater level and absence of contaminated soils at the proposed BMP location must be verified. Provide for at least sixty percent (60%) annual removal efficiency for total phosphorus, and at least ninety percent (90%) annual removal efficiency for total suspended solids from site runoff. The onsite abstraction of runoff may be included in demonstrating compliance with the total suspended solids and total phosphorus removal requirements. All stormwater management structures and facilities must be designed for maintenance access and properly maintained in perpetuity. A maintenance and inspection plan must be provided. The maintenance and inspection plan must include specific maintenance requirements for the proprietary BMPs installed. CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on September 3, 2015, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Arbor Glen — Planning Case 2015-16 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. K J. Eng har t, Dep y Jerk d and s orn to before me day of r-, 2015. 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ANGELA K GABBARD BRADLEY D HANSEN BRUCE ROY 8979 SOUTHWEST VILLAGE LOOP 8977 SOUTHWEST VILLAGE LOOP 603 SUMMERFIELD DR CHANHASSEN, MN 55317-8589 CHANHASSEN, MN 55317-8589 CHANHASSEN, MN 55317-7644 CHANDANA NANNAPANENI 8974 SOUTHWEST VILLAGE LOOP CHANHASSEN, MN 55317-8589 DANEIL J MUELLER 587 SUMMERFIELD DR CHANHASSEN, MN 55317-7645 ERIC W LORENTZSON 591 SUMMERFIELD DR CHANHASSEN, MN 55317-7645 GIANETTI PROPERTIES LLC 2899 HUDSON BLVD ST PAUL, MN 55128-7100 JOCELYN T RIGGS 8975 SOUTHWEST VILLAGE LOOP CHANHASSEN, MN 55317-8589 KAI DONG 8949 SOUTHWEST VILLAGE LOOP CHANHASSEN, MN 55317-8589 LEISL FATEMA AU VANTE-JOHNSON 595 SUMMERFIELD DR CHANHASSEN, MN 55317-7645 MANISH MOHAN 8978 SOUTHWEST VILLAGE LOOP CHANHASSEN, MN 55317-8589 CHRISTAL D HENDERSON 8980 SOUTHWEST VILLAGE LOOP CHANHASSEN, MN 55317-8589 DAVID G DELFORGE 891 LYMAN BLVD CHANHASSEN, MN 55317-9161 FRANK T & MARY LOU WHALEY 851 LYMAN BLVD CHANHASSEN, MN 55317-9161 GRANT JOSEPH CASANOVA 8957 SOUTHWEST VILLAGE LOOP CHANHASSEN, MN 55317-8589 JODY SCHEPERS 501 INDIAN HILL RD CHANHASSEN, MN 55317-9533 KRAUS-ANDERSON INC 4210 WEST OLD SHAKOPEE RD BLOOMINGTON, MN 55437-2951 LISA THANH TIEU 8942 SOUTHWEST VILLAGE LOOP CHANHASSEN, MN 55317-8589 MARK A & ANNMARIE T SCHULTZ 598 SUMMERFIELD DR CHANHASSEN. MN 55317-7645 CRAIG L & PATRICIA A MULLEN 611 SUMMERFIELD DR CHANHASSEN, MN 55317-7644 DEBRA CHRISTINE OLSON 8965 SOUTHWEST VILLAGE LOOP CHANHASSEN, MN 55317-8589 GARY AMBACH 8973 SOUTHWEST VILLAGE LOOP CHANHASSEN, MN 55317-8589 JAMES D & JENNIFER J WILSON RE 5730 YANCY AVE NEW GERMANY, MN 55367-9327 JUDE MARIA MADHAN WELLINGTON 8959 SOUTHWEST VILLAGE LOOP CHANHASSEN, MN 55317-8589 LANITA L FRERICHS 8969 SOUTHWEST VILLAGE LOOP CHANHASSEN, MN 55317-8589 MACHELLE H EDWARDS 8963 SOUTHWEST VILLAGE LOOP CHANHASSEN, MN 55317-8589 MARK ALLEN SOLBERG 8967 SOUTHWEST VILLAGE LOOP CHANHASSEN, MN 55317-8589 MEP2 LLC NANCY J TURNBLAD PATRICK A & LAURENE FARRELL 17732 BALLANTRAE CIR 8972 SOUTHWEST VILLAGE LOOP 801 LYMAN BLVD EDEN PRAIRIE, MN 55347-3435 CHANHASSEN, MN 55317-8589 CHANHASSEN, MN 55317-9161 PAUL C SCHNETTLER PEDRO RODRIGO CASTRO DA ROBERT CARLSON 599 SUMMERFIELD DR SILVEI 8976 SOUTHWEST VILLAGE LOOP CHANHASSEN, MN 55317-7645 8953 SOUTHWEST VILLAGE LOOP CHANHASSEN, MN 55317-8589 CHANHASSEN, MN 55317-8589 SHANNON G & MICHELLE A KERN 607 SUMMERFIELD DR CHANHASSEN, MN 55317-7644 SPRINGFIELD HOMEOWNERS ASSN 7100 MADISON AVE GOLDEN VALLEY, MN 55427-3602 STEVEN A FRIEDRICHS 8955 SOUTHWEST VILLAGE LOOP CHANHASSEN, MN 55317-8589 SOUTHWEST METRO TRANSIT COMM 13500 TECHNOLOGY DR EDEN PRAIRIE, MN 55344-2283 STATE OF MINNESOTA - DNR 500 LAFAYETTE RD ST PAUL, MN 55155-4030 TARA NIEVES ARGUIJO 8961 SOUTHWEST VILLAGE LOOP CHANHASSEN, MN 55317-8589 SOUTHWEST VILLAGE TOWNHOME ASS 971 SIBLEY MEMORIAL HWY SAINT PAUL, MN 55118-2856 STATE OF MINNESOTA - DOT 395 JOHN IRELAND BLVD 631 TRAIN ST PAUL, MN 55155-1801 THE RYLAND GROUP INC 7599 ANAGRAM DR EDEN PRAIRIE, MN 55344-7399 THOR BENSON TIMOTHY M VICCHIOLLO TIMOTHY S & TAMARA S MILLER 604 SUMMERFIELD DR 583 SUMMERFIELD DR 579 SUMMERFIELD DR CHANHASSEN, MN 55317-7644 CHANHASSEN, MN 55317-7645 CHANHASSEN, MN 55317-7645