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PC SUM 2016 06 07 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES JUNE 7, 2016 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, John Tietz, Nancy Madsen, Steve Weick, and Mark Randall MEMBERS ABSENT: Maryam Yusuf STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT: Kris & Dawn Knox 3801 Leslee Curve th Dough & Paula Steen 701 West 96 Street Mike Howe 2169 Stone Creek Drive Dave & Jennie Melin 3627 Red Cedar Point Road Court & Jeanne MacFarlane 3800 Leslee Curve Ladd Conrad 6625 Horseshoe Curve Dawne Erhart 9611 Meadowlark Lane OATH OF OFFICE: Chairman Aller administered the Oath of Office to Mark Randall. PUBLIC HEARING: 3627 RED CEDAR POINT ROAD – REQUEST FOR A VARIANCE FOR HARDCOVER AND SETBACK ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 3617 RED CEDAR POINT ROAD, LOT 13 AND LOT 12 EXCEPT THE EAST 10 THEREOF, BLOCK 4. APPLICANT: DAVE & JENNIE MELIN. OWNER: ILMARS & KATHLEEN DUNDURS. Bob Generous presented the staff report on this item. Todd Simning with Kroiss Development explained how they designed the plat to be conforming with city ordinances. Chairman Aller opened the public hearing. No one spoke and the public hearing was closed. Undestad moved, Madsen seconded that the Chanhassen Board of Appeals and Adjustments approves the 13.6 foot shoreland setback variance and a 4.8 percent hard cover variance as shown on the survey prepared by Gregory R. Prasch dated April 20, 2016, revised April 27, 2016 to construct a two story house and patio subject to the following conditions and adopts the Findings of Fact and Decision: Planning Commission Summary – June 7, 2016 1. Landscape materials must be installed to absorb additional runoff on the property. Such landscaping may be at the edge of the patio or on the landward side of the rip rap. A landscape plan shall be submitted in conjunction with the building permit application. 2. All trees to be preserved shall be protected with tree fencing located at the dripline or the furthest feasible distance from the trunk. Fencing shall be installed prior to any grading or construction and maintained until construction is finished. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: 3801 LESLEE CURVE – REQUEST FOR A VARIANCE FOR ACCESSORY STRUCTURE IN EXCESS OF 1,000 SQUARE FEET ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 3801 LESLEE CURVE, LOT 19, BLOCK 1, PLEASANT ACRES. APPLICANT/OWNER: KRIS KNOX. Bob Generous presented the staff report on this item. Commissioner Weick asked for clarification on the use of an accessory structure and that a picture shown of the property shows a mobile home that is not a permanent structure. The applicant Kris Knox voiced his disagreement with city staff’s recommendation of denial for the variance. Chairman Aller asked what is stored in the current structure on the site before opening the public hearing. Court MacFarlane, 3800 Leslee Curve spoke in opposition of the variance request. Chairman Aller closed the public hearing. Undestad moved, Tietz seconded that the Chanhassen Board of Appeals and Adjustments denies the variance request #2016-06 to build accessory structures in excess of 1,000 square feet and adopts the Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: FOXWOOD, WILSON NURSERY SITE, 9150 GREAT PLAINS BOULEVARD: REQUEST FOR A WETLAND ALTERATION PERMIT, CONDITIONAL USE PERMIT FOR DEVELOPMENT IN THE BLUFF CREEK OVERLAY DISTRICT (BCOD), REZONING FROM AGRICULTURAL ESTATE DISTRICT (A2) TO RESIDENTIAL LOW AND MEDIUM DENSITY (RLM), AND A 52 LOT SUBDIVISION WITH VARIANCES ON 43.55 ACRES OF PROPERTY LOCATED AT 9150 AND 9250 GREAT PLAINS BOULEVARD. APPLICANT: PROVIDENCE 55, LLC. OWNER: JIM WILSON & PAUL PAULSON. Bob Generous and Alyson Fauske presented the staff report on this item. Commissioner Tietz asked for clarification of the proposed trail map and the impact of the wetland alteration permit on the site. Commissioner Weick asked about the temporary lift station. Representing the 2 Planning Commission Summary – June 7, 2016 applicant, Bill Coffman with Providence 55, LLC, which is a development arm of Gonyea Homes, introduced Mark Kjolhaug with Kjolhaug Environmental Services and Clark Wickland from Alliant Engineering who were available to answer questions. Commissioner Tietz asked the applicant to address the tree removal and tree replacement plans. Mark Kjolhaug of Kjolhaug Environmental Services Company addressed the wetland delineation plan that he prepared. Chairman Aller opened the public hearing. Ladd Conrad, 6625 Horseshoe Curve, having been on the Planning Commission in the past with Tim Erhart, property owner of the land to the south of this project, asked that the Planning Commission take careful consideration for access to the proposed trail system. Michael Howe, 2169 Stone Creek Drive, having been on the Park and Recreation Commission when the Fox property was purchased, asked that the Planning Commission take careful consideration of the trail system in this area. Dawne Erhart, owner of the property to the south of this development went on record to say they do not plan to develop their property in the near future. Chairman Aller closed the public hearing. After comments and discussion by Planning Commissioners the following motion was made. Tietz moved, Weick seconded that the Chanhassen Planning Commission recommends that the City Council approves the Conditional Use Permit for development in the Bluff Creek Overlay District (BCOD), zoning from Agricultural Estate District (A2) to Residential Low and Medium Density (RLM), a 46 lot, 6 outlot and public right-of-way preliminary plat with variances for the use of a private street and a 20 foot setback from the Bluff Creek primary zone, plans prepared by Alliant Engineering Inc. dated 5-6-16, table the Wetland Alteration Permit, and adopts the attached Findings of Fact and Recommendation: Rezoning: 1.Contingent on final plat approval. Subdivision : Building: 1.Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 2.Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 3.Engineered design and building permits are required for retaining walls exceeding four feet in height. 4.Each lot must be provided with a separate sewer and water service. 5.Demolition permits must be obtained before demolishing any structures. 6.Proper removal, abandonment or sealing of storage tanks, on-site septic systems, wells, etc. is required. Permits are required, as applicable. 7.If applicable, existing home(s) affected by the new street will require address changes. 8.Provide a 1:200 “clean” plat drawing. 3 Planning Commission Summary – June 7, 2016 Engineering: 1.The 16.5’ wide telephone easement must be vacated before the City Council considers final plat approval. 2.The well on the property must be properly abandoned. 3.Label the contours on Sheet 2 of the Existing Conditions Survey. 4.The grading plan must be revised to eliminate the 3H:1V slope within the temporary cul-de- sac. 5.The developer shall dedicate an easement over the temporary cul-de-sac; the easement exhibit shall be submitted with the final plat application. 6.The private street within Outlot B and must be built to a 7-ton design. 7.Pedestrian curb ramps from the sidewalks to the street are required must be ADA-compliant. 8.The developer will install shallow monitoring wells or piezometers in the area of Lots 1-4, Block 5 and Lot 18, Block 1. Water elevations shall be monitored for a minimum of four weeks during a time when seasonally high water table would be expected. 9.An oversized drainage and utility easement is required at the back of Lot 1, Block 6 as this area conveys drainage from the adjacent parcel. Staff recommends that the 916’ contour extend into the drainageway to create a swale versus the sheet drainage pattern that is currently shown; it has been staff’s experience that landscaping/hardscaping/etc. on the downstream parcel tends to impede sheet drainage. 10.Per Section 18-40 (4) d. 2. v. a drain tile service is required for Lots 1-4 Block 5, Lot 6 Block 5; and Lots 1-3 Block 6 as these lots are proposed to drain from the back of the lot towards the street. 11.The developer’s engineer shall ensure that the maximum driveway grades shown on the plan are calculated such that a 10’ landing is provided where the driveway connects to the street and a five to 10-foot landing is provided at the garage. 12.On the grading plan label the existing contours. 13.The retaining wall on Lot 2, Block 4 must be outside of the drainage and utility easement. 14.The temporary lift station must be located outside of the temporary cul-de-sac. 15.The developer must work with staff to ensure that the invert elevation is at or higher than the invert elevation established during the concept planning of the undeveloped parcel to the south. 16.On Sheet 18 modify Note 2 to state that 10’ horizontal separation is required between water and sewer lines and modify Note 11 to state that sanitary sewer services shall be 6” diameter. Environmental Resources: 1.Prior to any grading, the applicant shall install tree preservation fencing using metal stakes. The fencing shall be placed fencing at the grading limits. Tree #2524 shall be included in the fencing area rather than fenced separately. These protections shall remain in effect until construction is completed. 2.Signage identifying outlot natural areas will be posted at property corners on lots 1, 3-6, 8-9, 17, 18, block 1 and lots 1, 2, block 2 and lots 8, 9, block 3 and lot 1-2, block 4. 4 Planning Commission Summary – June 7, 2016 Fire: 1.A 3-foot clear space shall be maintained around fire hydrants. 2.Submit propose street names to Chanhassen Fire Marshal and Chanhassen Building Official for review and approval. 3.Street signs (temporary allowed) shall be installed prior to building permits being issued. Fire Marshal must approve signage. 4.Prior to combustible construction fire hydrants shall be made serviceable. 5.No burning permits will be issued for tree/brush removal. 6.Prior to combustible home construction fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 7.Additional fire hydrants will be required or relocated. Parks: 1.Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication; and 2.Dedication of an outlot adjacent to Lot 12, Block 5 and across the southern portion of Lot 5, Block 5 to accommodate future construction of a trail. 3.Planning, engineering and construction of two planned 10-foot wide trail connections leading from two cul-de-sacs into the Fox Woods Preserve. 4.Planning, engineering and construction of a planned 10-foot wide Highway 101 trail connection between the current trail terminus at the Bandimere Park Pedestrian Underpass and the northern terminus of the plat adjacent to and along Highway 101. 5.Trail right of ways within the subdivision shall be provided within outlots as a condition of the plat. Acquisition of trail easements outside of the plat shall be the responsibility of the City of Chanhassen. 6.The Developer shall be responsible for the installation and payment of the two planned 10- foot wide trail connections leading from two cul-de-sacs into the Fox Woods Preserve. 7.For those sections of the Hwy 101 trail situated north and south of their property boundaries, the Developer shall be reimbursed by the City of Chanhassen for the full cost of planning, engineering and construction of a planned 10-foot wide Highway 101 trail connection between the current trail terminus at the Bandimere Park Pedestrian Underpass and the northern terminus of the plat along Highway 101. 8.For that section of the Highway 101 trail located within or adjacent to the Developer’s project boundary, the applicant shall be reimbursed by the City for the cost of the aggregate base, trail surfacing, retaining walls 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 for the trail surface and design, and engineering and testing services for all components of the Developers section, are not reimbursable expenses. 9.All trails shall be 10 feet in width, surfaced with asphalt and constructed to meet city specifications. 5 Planning Commission Summary – June 7, 2016 Water Resources Coordinator: 1.The model shall be modified to reflect the fact that current soil conditions and vegetative cover will have a lower bulk density and a higher infiltration rate than fully developed conditions. 2.The model must be modified to accurately reflect times of concentration for each drainage area. 3.In the absence of measured infiltration rates, the site should be modeled with conditions similar to what is anticipated given the soil survey and the proposed construction methodologies. 4.The wetlands cannot be used to meet rate control. Rate control must be achieved prior to discharge to any of the wetlands, MN DOT right-of-way or adjoining properties. 5.The infiltration basin areas shall be protected from construction traffic and other construction related activities throughout the duration of the project. This shall be noted on the grading plan, in the SWPPP and shown with pre-construction silt fence location. 6.The infiltration areas shall be graded last. The tributary area shall be graded and stabilized prior to excavation of the infiltration basins. 7.The mass grade phasing schedule shall include stripping and stockpiling of top soil material. 8.The grading and erosion plan shall include stockpile locations. 9.The SWPPP and erosion plan shall include topsoil quantities necessary to place six inches (6”) on all disturbed areas to be re-vegetated. 10.A detailed planting schedule and plan shall be included for each infiltration basin. 11.Redundant perimeter controls are required for all disturbs soils draining to wetlands. This may be silt fence, biologs, wind-rows of salvaged and stockpiled topsoil or other as approved by the city. 12.The developer shall be responsible for procuring the NPDES construction permit and providing proof to the city prior to any land disturbing activities. 13.The developer must meet the requirements of MN Rules Chapter 8420 and the Federal Clean Water Act. 14.The development shall meet the CUP conditions for the Bluff Creek Overlay District. 15.Signage will be required at every lot corner and angle point along the private lots adjacent to the wetlands not bound by the BCOD. These must be installed prior to selling the lot. 16.Any grading within wetland buffers must be restored with native vegetation. A planting schedule and vegetation maintenance plan of at least 3 years shall be provided to the city for review and approval. 17.The Storm Water Utility Connection Charge due at final plat is estimated to be $218,662.84 Conditional Use Permit: 1.Infiltration basin IB1 located north of Lots 10, 11, 16 and 17 of block 1 shall be evaluated for methods to reduce tree loss. 6 Planning Commission Summary – June 7, 2016 2.The Bluff Creek Overlay District Boundaries shall be shown to be incidental with the boundaries of Outlots A and C. 3.Any grading within the Bluff Creek Overlay District must be restored with native vegetation. A planting schedule and vegetation maintenance plan of at least 3 years shall be provided to the city for review and approval. 4.Signage will be required at every lot corner and angle point along the private lots adjacent to the BCOD. The sign language shall be provided by the city and the signs shall be at the developer’s expense. These signs shall be placed by the developer prior to selling any of the lots. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner Madsen noted the verbatim and summary Minutes of the Planning Commission meeting dated May 17, 2016 as presented. COMMISSION PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS. Kate Aanenson reviewed agenda items scheduled for upcoming Planning Commission meetings. Undestad moved, Madsen seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:40 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 7