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PC SUM 2015 09 15 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES SEPTEMBER 15, 2015 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, John Tietz, Nancy Madsen, Lisa Hokkanen, and Maryam Yusuf MEMBERS ABSENT: Mark Undestad, and Steve Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; Drew Ingvalson, Planner I; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: M.P. Knight 3605 Red Cedar Point Road Frances Paap 3601 Red Cedar Point Road 3603 RED CEDAR POINT ROAD, PLANNING CASE 2015-14: REQUEST FOR VARIANCES TO THE SHORELAND PROTECTION SETBACK AND THE 30 FOOT FRONT YARD SETBACK TO CONSTRUCT A DETACHED GARAGE ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 3603 RED CEDAR POINT ROAD (LOT 1, BLOCK 4, RED CEDAR POINT LAKE MINNEWASHTA). APPLICANT/OWNER: MACKEY MALIN ARCHITECTS/GREGG & KELLIE GEIGER. Drew Ingvalson presented the staff report on this item. The applicant Gregg Geiger and his architect Pat Mackey addressed issues associated with Options E and F. Since a public hearing was held on this item previously it could not be held again. Chairman Aller opened up the meeting for additional public comments. Frances Paap, 3601 Red Cedar Point voiced concern with delivery and emergency vehicles being able to access her house. Dave Bishop, speaking on behalf of Maria Knight, discussed the Affidavit of Maria Knight in which she believes this property does not meet the criteria of a legal non-conformity because the house was unoccupied for over a year. He explained their belief that the variance is improper because the property already had a garage and as a result of that it is a request that is being made because of a situation that was caused by the property owners themselves and it is their position that they inherit the actions of the prior property owners because zoning runs with the land. He continued to discuss view sheds, impervious surface coverage calculations, issues associated with Option F, asked that a condition be included that there be no parking in the turn around. Susan Proshek, 3613 Red Cedar Point Road asked why the applicants have not considered opening up the old garage that was closed off because of her belief that this proposal compromises the integrity of Planning Commission Summary – September 15, 2015 the point. After discussion and comments from commission members the following motion was made. Hokkanen moved, Tietz seconded that the Chanhassen Board of Appeals and Adjustments approves a 17 foot shoreland setback variance and a 20.2 foot front yard setback variance to construct a two story attached garage subject to the following conditions and adopts the attached Findings of Fact and Decision: 1.The applicant shall expand the private drive to maintain at least a 10 foot wide drive, not to exceed 24 feet wide. 2.The driveway grade must not be less than 0.5% and must not exceed 10%. 3.The proposed structure shall maintain the existing drainage patterns. 4.The applicant must apply for and receive a building permit from the City. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: ARBOR GLEN, PLANNING CASE 2015-16: REQUEST FOR REZONING OF PROPERTY FROM AGRICULTURAL ESTATE DISTRICT (A2) TO PLANNED UNIT DEVELOPMENT-RESIDENTIAL (PUD-R), CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK CORRIDOR, AND SUBDIVISION WITH VARIANCES OF 8.49 ACRES INTO 21 LOTS AND 4 OUTLOTS ON PROPERTY LOCATED AT 9170 GREAT PLAINS BOULEVARD. APPLICANT/OWNER: ARBOR GLEN CHANHASSEN, LLC/GIANETTI PROPERTIES, LLC. Bob Generous presented the staff report on this item. Speaking on behalf of the applicant, Mark Eklo, 3360 Bavaria Road, Chaska discussed the design and floor plans being proposed. Chairman Aller opened the public hearing. Steve Friedrichs, 8955 Southwest Village Loop, speaking as President of the Southwest Village Homeowners Association, explained that they were interested in knowing conceptually what was being proposed with this project and asked the developer to follow through on what they say they’re going to do noting his belief that Ryland Builders have done a D minus job on following through on issues associated with Southwest Village. Jim Wilson, co-owner of the nursery located at 9150 Great Plains Boulevard expressed concern with the type of materials being used to construct the retaining walls and suggested using boulders. Chairman Aller closed the public hearing. Tietz moved, Madsen seconded that the Chanhassen Planning Commission recommends that the City Council approvethe PUD rezoning, Conditional Use Permit and Subdivision with a Variance from the western perimeter setback subject to the following conditions of approval, and adopts the Findings of Fact and Recommendation: REZONING 2 Planning Commission Summary – September 15, 2015 1. Contingent on Final Plat approval for the Arbor Glen Development. 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. 3 Planning Commission Summary – September 15, 2015 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. 4 Planning Commission Summary – September 15, 2015 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. 5 Planning Commission Summary – September 15, 2015 38.The applicant must meet the storm 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. Fire: 1.Provide/maintain three-foot clear space around fire hydrants. 6 Planning Commission Summary – September 15, 2015 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. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 7 Planning Commission Summary – September 15, 2015 APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary Minutes of the Planning Commission meeting dated August 18, 2015 as presented. COMMISSIONER PRESENTATIONS. Chairman Aller reminded people that the Highway 101 river crossing will be closing on Fridays from 6:00 p.m. until Saturday mornings at 9:00 a.m. until the bridge is completed. ADMINISTRATIVE PRESENTATIONS. Kate Aanenson discussed items on upcoming Planning Commission agendas. Hokkanen moved, Yusuf seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 9:00 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 8