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PC SUM 2005 07 19 4 CHANHASSEN PLANNING COMMISSION REGULAR MEETING JULY 19, 2005 Acting Chair McDonald called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Jerry McDonald, Kurt Papke, Deborah Zorn, Dan Keefe, Debbie Larson, and Mark Undestad MEMBERS ABSENT: Uli Sacchet STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; Josh Metzer, Planner I; and Alyson Morris, Assistant City Engineer PUBLIC PRESENT FOR ALL ITEMS: Matt Wessale 9350 Gary Avenue, Waconia nd Dave Johnson 219 W. 82 Street PUBLIC HEARING: HARD COVER VARIANCE REQUEST FOR A SINGLE FAMILY HOME LOCATED TH AT 380 WEST 86 STREET, TROY & VIRGINIA KAKACEK, PLANNING CASE NO. 05-18. Public Present: Name Address Larry Martin 2707 Spy Glass Drive th Ginger & Troy Kakacek 380 West 86 Street Josh Metzer presented the staff report on this item. Commissioner Larson asked for clarification on what the problem is with approving this variance request. Commissioner Zorn asked how the homeowners could comply with the 25% hard surface coverage requirement. Commissioner Keefe asked for clarification on landscaping requirements. Commissioner McDonald asked staff to clarify the confusion surrounding the plans that were submitted to staff. Larry Martin, 2707 Spy Glass Drive speaking on behalf of the applicants reviewed the findings in the staff report and explained why the variance should be granted. Commissioners asked the applicant to explain if the 25% hard surface coverage requirement was explained to them at the time of building permit application, what could be eliminated on the lot to meet the 25% requirement, and permit requirements for building the patio. Acting Chair McDonald opened the public hearing. No one spoke and the public hearing was closed. After commission discussion the following motion was made. Papke moved, Larson seconded that the Planning Commission deny Variance #05-18 for a 4.23% hard surface coverage variance from the maximum 25% hard surface coverage Planning Commission Summary – July 19, 2005 restriction for the addition of a patio and retaining wall on the lot zoned single family residential, RSF based upon the findings in the staff report and the following. 1. The applicant has not demonstrated hardship. 2. The property owner has reasonable use of the property. Therefore the Planning Commission orders the property owner to: 1. Remove sufficient impervious surface to comply with ordinance requirements. 2. Plant 3 trees to meet subdivision requirements. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: REQUEST FOR REZONING OF PROPERTY FROM A2 TO PUD-R; SUBDIVISION WITH VARIANCES OF APPROXIMATELY 91 ACRES INTO 84 LOTS, 3 OUTLOTS AND PUBLIC RIGHT-OF-WAY; SITE PLAN APPROVAL FOR 459 TOWNHOUSE UNITS; WETLAND ALTERATION PERMIT; CONDITIONAL USE PERMIT FOR ALTERATION OF THE FLOOD PLAIN; AND CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT. THE PROPERTY IS LOCATED EAST OF AUDUBON ROAD, SOUTH OF LYMAN BOULEVARD, AND NORTH OF PIONEER TRAIL, LIBERTY ON BLUFF CREEK. APPLICANT TOWN AND COUNTRY HOMES, PLANNING CASE NO. 05-11. Public Present: Name Address Richard Dorsey 1551 Lyman Boulevard Char Jeurissen 9715 Audubon Road Kate Aanenson presented the staff report on this item. Commissioner Zorn asked for clarification on the driveway length requirements and the height of the retaining walls. Commissioner Papke asked for clarification on the on street parking. Commissioner Keefe asked about pedestrian circulation to the pool area, and product types consistent with the Livable Communities Act. Commissioner Undestad asked about changes to the facades of the buildings. Commissioner McDonald asked for clarification on the revisions made to the street circulation. Kevin Clark, Director of Land Development for Town and Country Homes introduced his development team which included Rick Jansen, V.P. of Acquisition; Krista Novack, Community Planning Director; Chris Morrell, engineer with Westwood Professional Services; Ed Hasek, Landscape Architect with Westwood Professional Services; David Wheaton, wetlands specialist with Westwood Professional Services and David Sellgren with Fredrickson and Byron. He reviewed the work that has taken place since concept approval in the fall of 2002 and thanked everyone involved. He addressed all the changes that have been made to the plan to incorporate 2 Planning Commission Summary – July 19, 2005 the numerous requests, requirements and concerns they were asked to incorporate into their design including protecting natural resources, elevating the architecture, accommodating public infrastructure improvements, and enhancing the community. Commissioner Keefe asked the applicant to explain the pedestrian access to the pool area. Commissioner Papke asked the applicant to talk about the proposed round-a-bouts. Commissioner McDonald asked about the responsibilities of the homeowners association. Commissioner Zorn asked if playground equipment was planned for this site. Acting Chair McDonald opened the public hearing which had been continued from the previous meeting. Rick Dorsey who owns property at 1551 Lyman Boulevard expressed concern with the impact of the zoning change of this property on other properties within the AUAR area, and the work that is being done with the east/west collector road. The public hearing was closed. After commission discussion the following motion was made. Keefe moved, Zorn seconded that the Planning Commission recommends approval of the request for rezoning from A2 to PUD-R, site plan review with subdivision of 6 blocks and 69 buildings including 446 units, 3 Outlots A, B & C which represent the Overlay District and 7 common lots of 91.02 acres, conditional uses for the development in the Bluff Creek Overlay District and alteration of the Flood Plain and a Wetland Alteration Permit, as stated below: Planning Recommended Conditions of Approval 1.Provide design plan the shows the color and architectural detail for each unit on the site. Engineering Recommended Conditions of Approval 2.Before site grading commences, the three existing buildings on the property must be razed. 3.The final plat plans must incorporate the changes shown on Westwood Professional Service’s July 12, 2005 sketch showing the revised layout of the east-west corridor, the roundabout, the additional street connection from the development to the east-west corridor, and the revised building type and orientation in the southeast corner of the plat. The developer may be required to plat the west ½ right of way for the north-south segment of the collector road and the roundabout. 4.The eastern intersections of Street D to Street B must be revised so that the streets intersect at 90°. 5.On-street parking may be used to satisfy the parking requirement with the following stipulations: a.On-street parking is prohibited between November 1 and April 1 between the hours of 1:00 a.m. and 7:00 a.m., consistent with Section 12-16 of the City Code: Winter Parking Regulations. b.Credit for on-street parking is not allowed along the curve of the public streets. 3 Planning Commission Summary – July 19, 2005 6.The developer’s engineer must work with Peterson’s Bluff’s engineer to ensure that the proposed grading on each property matches at the property line and to eliminate and/or decrease the height of retaining walls to the maximum extent possible. 7.Ground slopes shall not exceed 3H:1V. 8.The final grading plan must show the proposed top and bottom of wall elevations for all retaining walls. 9.Retaining walls over four feet high must be designed by a Structural Engineer registered in the State of Minnesota and require a building permit. 10.The existing driveway at Audubon Road must be removed. 11.All of the ponds are required to be designed to National Urban Runoff Program (NURP) standards with maximum 3:1 slopes and a 10:1 bench at the NWL. 12.All of the proposed house pads must have a rear yard elevation at least three feet above the HWL of the adjacent ponds. 13.Storm sewer calculations must be submitted with the final plat application. The storm sewer must be designed to accommodate a 10-year, 24-hour storm event. 14.The last public storm water structure that is road-accessible prior to discharging to a water body must have a 3-foot sump. 15.The applicant shall include a drain tile system behind the curbs to convey sump pump discharge from homes not adjacent to ponds. 16.The style of home and lowest floor elevation must be noted on the final grading plan. 17.Blanket drainage and utility easements are required over all common lots, however the following storm sewer segments shall be owned and maintained by the homeowners association: a.Northeast and west of Lot 5, Block 1, b.Within the private drives to Lots 9, 10, 11 and 12 Block 1, c.The connection between the private drives to Lots 9, 10, 11 and 12 Block 1 and the public lateral within Street D, d.South of Lots 10 and 11, Block 2, e.South of Lots 15-17, Block 2, f.South of Lots 11-13, Block 5, g.North and west of Lot 13, Block 5, and h.West of and between Lots 4 and 5, Block 6. 4 Planning Commission Summary – July 19, 2005 18.The plat must be signed by a Land Surveyor registered in the State of Minnesota. 19.A minimum 75-foot long rock construction entrance must be shown on the plans. 20.Tree preservation fencing must be installed at the limits of tree removal. 21.An easement is required from the appropriate property owner for any off-site grading. 22.If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 23.Utility services for the buildings must be shown on the final utility plan. Sanitary services must be 6-inch PVC and water service must be 1-inch copper, Type K. 24.Each new lot is subject to the sanitary sewer and water hookup charges. The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 25.Upon project completion, the developer must submit inspection/soil reports certifying that the private streets were built to a 7-ton design. 26.All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. 27.Permits from the appropriate regulatory agencies will be required prior to construction, including but not limited to MPCA, Department of Health, Carver County and Watershed District. 28.The benchmark used to complete the site survey must be shown on the grading plan. 29.Intersection neckdowns are limited to public street intersections only. Park and Recreation Recommended Conditions of Approval 30.Full park dedication fees be collected per city ordinance in lieu of requiring parkland dedication. 31.The trails on both the north and south sides of collector road “A” are widened to 10 feet. 5 Planning Commission Summary – July 19, 2005 32.The internal or private trail north of Block 1 be carefully planned to allow convenient access to the Bluff Creek Corridor. 33.Other internal or private trails connecting residents to amenities within the PUD be enhanced. Wetland Alteration Permit Recommended Conditions of Approval 34.Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). 35.The applicant shall work with staff to address comments received from the reviewing agencies, including conducting MnRAMs for impacted and replacement wetlands for use in sequencing flexibility for impacts on wetlands A, D, E, J and L. Details regarding the stabilization of areas upslope of mitigation area M2 shall be included in the replacement plan. More detailed plans for mitigation areas M1 and M2, including cross-sections, shall be submitted. The applicant shall consider restorations of wetlands A, F and G for new wetland credit. The applicant must receive approval of a wetland replacement plan prior to or concurrent with final plat approval and prior to wetland impacts occurring. 36.A five-year wetland replacement monitoring plan shall be submitted. The replacement monitoring plan shall include a detailed management plan for invasive non-native species, particularly hybrid cattail, purple loosestrife and reed canary grass. The plans shall show fixed photo monitoring points for the replacement wetland. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. 37.A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all wetlands, with the exception of Basin C. A wetland buffer 20 to 30 feet in width (with a minimum average of 20 feet) shall be maintained around Basin C. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 38.All structures shall be set back 40 feet from the edge of the wetland buffer. The wetland buffer setback should be shown on the plans. 39.The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation (including grading and seeding) to ensure the design standards for the replacement wetland are met. The letter of credit shall be effective for no less than five years from the date of final plat approval. The applicant shall submit a cost estimate for wetland creation (including grading and seeding) so the City can calculate the amount of the wetland creation letter of credit. 40.Drainage and utility easements with a minimum width of 20 feet shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water infrastructure. 6 Planning Commission Summary – July 19, 2005 41.A complete Storm Water Pollution Prevention Plan (SWPPP) shall be in place before applying for and receiving NPDES construction permit coverage from the Minnesota Pollution Control Agency (MPCA). 42.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 43.Clay diversions shall be used to divert runoff around the wetlands on the south side of the development to the temporary sediment basins downslope of them. 44.Chanhassen Type 2, Heavy Duty silt fence shall be used around all wetlands, streams, creeks, bluffs and ravines; Chanhassen type 1 silt fence shall be used around the remaining areas. 45.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (National Pollutant Discharge Elimination System Construction Permit), Minnesota Department of Natural Resources (dewatering permit), Army Corps of Engineers) and comply with their conditions of approval. Water Resources Subdivision Recommended Conditions of Approval 46.Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). 47.The applicant shall work with staff to address comments received from the reviewing agencies, including conducting MnRAMs for impacted and replacement wetlands for use in sequencing flexibility for impacts on wetlands A, D, E, J and L. Details regarding the stabilization of areas upslope of mitigation area M2 shall be included in the replacement plan. More detailed plans for mitigation areas M1 and M2, including cross-sections, shall be submitted. The applicant shall consider restorations of wetlands A, F and G for new wetland credit. The applicant must receive approval of a wetland replacement plan prior to or concurrent with final plat approval and prior to wetland impacts occurring. 48.A five-year wetland replacement monitoring plan shall be submitted. The replacement monitoring plan shall include a detailed management plan for invasive non-native species, 7 Planning Commission Summary – July 19, 2005 particularly hybrid cattail, purple loosestrife and reed canary grass. The plans shall show fixed photo monitoring points for the replacement wetland. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. 49.A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all wetlands, with the exception of Basin C. A wetland buffer 20 to 30 feet in width (with a minimum average of 20 feet) shall be maintained around Basin C. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 50.All structures shall be set back 40 feet from the edge of the wetland buffer. The wetland buffer setback should be shown on the plans. 51.The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation (including grading and seeding) to ensure the design standards for the replacement wetland are met. The letter of credit shall be effective for no less than five years from the date of final plat approval. The applicant shall submit a cost estimate for wetland creation (including grading and seeding) so the City can calculate the amount of the wetland creation letter of credit. 52.Bluff areas (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe) shall be preserved. In addition, all structures shall maintain a 30-foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). 53.No alterations are allowed within the primary corridor or within the first 20 feet of the setback from the primary corridor. All structures shall meet the 40-foot setback from the primary corridor. 54.A copy of the LOMA shall be submitted to the City prior to alterations within the floodplain. In lieu of a LOMA, the applicant shall obtain a conditional use permit for alterations within the floodplain. 55.The developer shall determine the base flood elevation (100-year) to ensure that the structures will meet all floodplain elevation requirements. 56.The grade stabilization structure at the north end of Basin A is in disrepair and shallbe replaced. Before the development incorporates this structure into the permanent storm water management system, the structure shallbe assessed and a plan proposed and approved by the city for the repair or replacement of the structure, as well as long term maintenance. The applicant shallwork with the property owner to the north to get permission to repair or replace the structure. 8 Planning Commission Summary – July 19, 2005 57.Drainage and utility easements with a minimum width of 20 feet shallbe provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water infrastructure. 58.A complete Storm Water Pollution Prevention Plan (SWPPP) shallbe in place before applying for and receiving NPDES construction permit coverage from the Minnesota Pollution Control Agency (MPCA). 59.Minimization of the amount of exposed soils on the site is needed; phasing of the development shalllimit the disturbed areas open. 60.All emergency overflows need temporary and permanent stabilization and shallbe shown in a detail or on the SWPPP. Energy dissipation (riprap and geotextile fabric) shall be installed within 24 hours of installation of flared end sections and outlet structures. 61.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 62.Temporary sediment basins shall be constructed and could be located in the proposed permanent storm water pond locations. If Pond A does not get excavated prior to disturbing the contributing area; a temporary basin shall be constructed approximately in the areas of Street D and Lot 5, Block 3. Temporary basins shall be labeled on the SWPPP. A detail shall be provided for the temporary outlet structures for the temporary basins. Clay berms shall be used to temporarily divert runoff from the construction site to the temporary basins prior to discharge. Additionally the clay diversions shall be used to divert runoff around the wetlands on the south side of the development to the temporary sediment basins downslope of them. 63.Chanhassen Type 2, Heavy Duty silt fence shall be used around all wetlands, streams, creeks, bluffs and ravines; Chanhassen type 1 silt fence shall be used around the remaining areas. The inlet control (for area inlets, not curbside) detail shall be mono-mono heavy duty machine sliced silt fence with 4 foot maximum spacing for metal T-posts. A rock berm placed around the silt fence shall be at least 2 feet wide and 1 foot high of 1 ½ -inch clear rock. Wimco-type inlet controls shall be installed in all inlets through out the project within 9 Planning Commission Summary – July 19, 2005 24 hours of inlet installation. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. 64.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $288,050. 65.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (National Pollutant Discharge Elimination System Construction Permit), Minnesota Department of Natural Resources (dewatering permit), Army Corps of Engineers) and comply with their conditions of approval. Forestry Recommended Conditions of Approval 66.Tree protection fencing shall be installed prior to construction around all areas designated for preservation. 67.A walk-through inspection of the silt/tree preservation fence shall be required prior to construction. 68.A turf plan shall be submitted to the city indicating the location of sod and seeding areas. Inspections and Fire Marshal Recommended Conditions of Approval 69.A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV, and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 70.There are a number of additional fire hydrants required and some will be re-located. Discussion has been made with Matt Saam, Assistant City Engineer, to their relocation. is required 71.Fire apparatus access roads and water supply for fire protection to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 72.Temporary street signs shall be installed on street intersection when construction of the new roadway allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. 73.No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 74.Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. The Chanhassen Building Official and Fire Marshal will determine which streets will need naming. 10 Planning Commission Summary – July 19, 2005 75.“No parking fire lane” signs will be required. Contact the Chanhassen Fire Marshal for exact location of signs to be installed. 76.Submit cul-de-sac design dimensions to City Engineer and Fire Marshal for review and approval. Building Recommended Conditions of Approval 77. Accessibility will have to be provided to all portions of the development and a percentage of the units may also be required to be accessible or adaptable in accordance with Minnesota State Building Code Chapter 1341. Further information is needed to determine these requirements. 78. Buildings over 8,500 sq. ft. in size must be protected with an automatic fire protection system. The State of Minnesota is in the process of revising Chapter 1306 of the Minnesota State Building Code regarding fire protection systems. It is not yet entirely clear how these changes will affect residential construction. It is important that the developer meet with the Inspections Division prior to final design to determine what ramifications, if any, the new requirements will have on the project. 79. The developer must submit a list of proposed street names and an addressing plan for review and approval prior to final plat of the property. 80. Demolition permits must be obtained before demolishing any structures on the site. 81. A final grading plan and soils report must be to the Inspections Division before permits can be issued. 82. Walls and projections within 3 feet of property lines are required to be of one-hour fire- resistive construction. 83. The buildings will be required to be designed by an architect and engineer as determined by the Building Official. 84. The developer and or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures.” All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: CONCEPT PLANNED UNIT DEVELOPMENT ON PROPERTY LOCATED AT 1600 PIONEER TRAIL, PETERSON BLUFF. APPLICANT, J. EDWIN CHADWICK, LLC, PLANNING CASE NO. 05-20. 11 Planning Commission Summary – July 19, 2005 Kate Aanenson presented the staff report on this item. Commissioner Keefe asked staff to talk about making up for the loss of industrial land. Commissioner Papke asked for clarification on the table on page 6 regarding developable acres and the condition that says any land use changes to residential land use shall be based on another property requesting an industrial land use within the 2005 AUAR. Commissioner Keefe asked staff to explain why this was a request for a zoning change without any sort of proposal. Commissioner McDonald asked for clarification on approval of a conceptual PUD. John Chadwick, 11430 Zion Circle spoke on behalf of the applicant and provided reasoning for their request. Commissioner Keefe asked the applicant for their timeline for development. Acting Chair McDonald opened the public hearing. No one spoke and the public hearing was closed. After commission discussion the following motion was made. Zorn moved, Larson seconded that the Planning Commission recommends approval of the Concept PUD with the following conditions: 1.Any land use changes to Residential land use shall be based on another property requesting an Industrial land use with in the 2005 AUAR area. 2.Implementation of the AUAR recommendations. 3.The preliminary plat plans must incorporate the updated alignment of the east-west collector street and the proposed roundabout. 4.Turn lane requirements and the typical street section shown in preliminary plans must be consistent with the “2005 MUSA Area Expansion Improvements Feasibility Report” recommendations. 5.A preliminary utility plan must be submitted with the preliminary plans and must comply with the trunk sanitary sewer and watermain design shown in the “2005 MUSA Area Expansion Improvements Feasibility Report”. 6.A pressure reducing valve is required within the development and must be shown on the preliminary utility plan. 7.The preliminary utility plan must include lateral storm sewer to service the proposed development. 8.The developer’s engineer must work with Town & Country’s engineer to minimize the amount and/or height of retaining walls to the maximum extent possible. 9.The attached single-family townhome buildings are required to be protected with an automatic sprinkler system if they are over 8,500 sq. ft. in floor area. For the purposes of this requirement property lines do not constitute separate buildings and the area of basements and garages is included in the floor area threshold. 12 Planning Commission Summary – July 19, 2005 10.Walls and projections within 3 feet of property lines are required to be of one-hour fire- resistive construction. 11.Each unit/lot must be provided with separate utility services. 12.Complete proposed site, grading and utility plans must be submitted to determine more detailed requirements. 13.The City will be seeking park fees in lieu of land dedication on the Peterson parcel. 14.A report documenting the delineation of jurisdictional wetlands in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual must be submitted to the City. 15.A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) must be maintained around all Ag/Urban wetlands. A wetland buffer 20 to 30 feet in width (with a minimum average of 20 feet) must be maintained around all Natural wetlands. 16.Wetland buffer areas should be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 17.All structures must be set back 40 feet from the edge of the wetland buffer. The wetland buffer setback should be shown on the plans. 18.Any areas on the property that meet the City’s criteria for bluffs (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe) must be shown on the plans and preserved. In addition, all structures must maintain a 30-foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). 19.The primary corridor boundary and the 40-foot setback from the primary corridor are not shown on the plans. The plans should be revised to show the primary corridor and the setback. 20.No alterations are allowed within the primary corridor or within the first 20 feet of the setback from the primary corridor. All structures must meet the 40-foot setback from the primary corridor. 21.Based on the existing canopy coverage for the site, the developer will need to meet minimum planting requirements. 22.Bufferyard planting will be required along the south and west property lines. 23.Landscaping for the attached housing area should include native species for overstory and foundation plantings as well as non-native, ornamental selections. 13 Planning Commission Summary – July 19, 2005 24.Large groupings of materials will help extend the natural areas into the developed sites and create privacy for residents. 25.A strong, boulevard tree planting element is recommended within the development and required along any collector roads. 26.The development should establish viewsheds to be preserved as part of the development.” All voted in favor and the motion carried unanimously with a vote of 6 to 0. (The Planning Commission took a short recess at this point in the meeting.) PUBLIC HEARING: REQUEST FOR REZONING OF PROPERTY FROM AGRICULTURAL ESTATE DISTRICT (A2) TO PLANNED UNIT DEVELOPMENT (PUD), PRELIMINARY PLAT APPROVAL, AND WETLAND ALTERATION PERMIT ON PROPERTY LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF LYMAN BOULEVARD AND GALPIN BOULEVARD, CHANHASSEN WEST BUSINESS PARK, EDEN TRACE CORPORATION, PLANNING CASE NO. 05-23. Public Present: Name Address Tom Witek 2318 Stone Circle Drive Jim Leonard 2360 Stone Circle Drive JoEllen Radermacher 2479 Bridle Creek Trail LuAnn Sidney 2431 Bridle Creek Trail Rick Buan 2569 Stone Creek Lane West Mimi & Nate Espe 2300 Stone Creek Lane West Cathy & Kevin DiLorenzo 2382 Stone Creek Lane West Ron Blum 2081 Stone Creek Drive Christine & Mark Fischer 2407 Bridle Creek Trail Peggy Emerson 8409 Stone Creek Court Aleta & Alex Donaldson 2460 Bridle Creek Trail Steve & Sarah Dale 2487 Bridle Creek Trail James Wise 2747 Wagner Drive Peter Sidney 2431 Bridle Creek Trail Roger & Gay Schmidt 8301 Galpin Boulevard Paul & Amina Rinkes 2208 Boulder Road Mike Krych 2127 Boulder Road Rodney & Janice Melton 2413 Bridle Creek Trail Barry LaBounty 2421 Bridle Creek Trail Acting Chair McDonald announced that Mark Undestad would remove himself from the commission and not participate in this item due to a conflict of interest. He also noted the 14 Planning Commission Summary – July 19, 2005 numerous phone calls and e-mails the commission has received, noting it is the policy of the commission not to have exparte communications with individuals in order to ensure that everyone gets a uniform response to their questions. Bob Generous presented the staff report on this item. Commissioner Larson asked about buffering between the residential area, access to the site off Lyman versus Galpin, and the possibility of limiting the height of the building on Lot 6. Commissioner Keefe asked for clarification regarding access to Lyman Boulevard, heights of the berms and buildings, traffic counts and flow on Galpin. Commissioner Papke asked about drainage from Lots 1 through 5, the retaining wall on Lot 6, and traffic controls at Galpin and Stone Creek. Commissioner Zorn asked about parking requirements in relation to the size of buildings. Commissioner McDonald asked about the possibility of a traffic light. Ben Merriman, Eden Trace Corporation provided background information on how the site was designed and addressed the issues of drainage, tree preservation, traffic, setbacks, berming, building heights, and sidewalk circulation. Acting Chair McDonald opened the public hearing. LuAnn Sidney, 2431 Bridle Creek Trail spoke on behalf of the neighbors in the Trotters Ridge and Stone Creek developments. She presented their request for condition amendments to the design standards in the PUD which addressed buffering, moving the primary access to Lyman Boulevard, grading, tree preservation measures, limiting the hours of operations of any business, restrictions on business type, outdoor storage, noise, and light. She read a statement from the neighborhood which read, the Trotters Ridge development requests special consideration and a reasonable transition between the residential industrial areas due to the fact that we are being made an island of residential within a sea of industrial development. Residents chose to live in this area for the natural beauty in the area provided by mature growth of trees and safety of the area for our children. Mike Krych, 2127 Boulder Road in the Stone Creek neighborhood stated his desire to maintain a sense of continuity and connectivity between neighborhoods. He requested that the city consider good design and provide quality solutions relating to land use, aesthetics, safety and function. Christine Fischer, 2407 Bridle Creek Trail, Lot 2, requested that the building heights be limited to one story. She stated there is a drainage problem behind their lot, and expressed concern with a safe crosswalk on Galpin. Sarah Dale, 2487 Bridle Creek Trail expressed her concern with being surrounded by the lights and noise of industrial buildings. Ron Blum, 2081 Stone Creek Drive stated concern with the use and height of the proposed industrial buildings, buffering for the Stone Creek neighborhood, lighting, tree preservation and traffic. Drew Dingman, 2403 Bridle Creek Trail, Lot 1 in Trotters Ridge and impacted by Building 6 requested that building 6 be redesigned in the spirit of building 3 or 7 such that it’s a much smaller footprint and that the commission contact the county on their behalf and just ask that a modicum of logic be used regarding access to the site. Roger Schmidt, 8301 Trotters Ridge reiterated what Mr. Dingman stated that Galpin Boulevard is essentially residential traffic while Lyman Boulevard is industrial traffic, that hours of operation be established for construction on the site, and who’s responsible for the maintenance and replacement of dead trees. Jim Leonard, 2360 Stone Drive, second house in on the left, expressed concern with saving the trees in the southeast corner of the site and access to the site off Lyman Boulevard. JoEllen Radermacher, 2479 Bridle Creek Trail, Lot 11, asked that the commission take into consideration the views of Outlot B which is a wildlife preserve. Sara Morlock, 2325 Boulder Road expressed concern with the amount of tree loss. Peggy Emerson, 8409 Stone Creek Court had concern with the pedestrian traffic on Galpin from the new middle or high school that is being proposed. Acting 15 Planning Commission Summary – July 19, 2005 Chair McDonald closed the public hearing. After commission discussion the following motions were made. Papke moved, Keefe seconded that the Planning Commission recommends approval of the ordinance rezoning the property located within the Chanhassen West Business Park from Agricultural Estate District (A-2) to Planned Unit Development (PUD) incorporating the development design standards contained within this staff report based on the findings of fact attached to the report. All voted in favor, except Zorn and Larson who opposed, and the motion carried with a vote of 3 to 2. ” Papke moved, Keefe seconded that the Planning Commission recommends approval of the “ Preliminary Plat for Chanhassen West Business Park, plans prepared by Schoell & Madson, Inc., dated June 17, 2005, based on the findings of fact attached to the report and subject to the following conditions: 1.Applicant shall increase landscape plantings in the south and east property line bufferyards to meet minimum requirements. A revised landscape plan shall be submitted before final approval. 2.Tree protection fencing shall be installed prior to any construction activities. Fencing shall remain in place until construction is completed. 3.All trees shown as preserved on plans dated 6/17/05 shall be protected. Any trees damaged or removed shall be replaced at a rate of 2:1 diameter inches. 4.Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). A Minnesota Local/State/Federal Application Form for Water/Wetland Projects (Parts I and II) shall be submitted for the proposed project. The application shall include sequencing discussions and sequencing flexibility requests, if applicable. The applicant must receive approval of a wetland replacement plan prior to or concurrent with final plat approval and prior to wetland impacts occurring. 5.A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all wetlands and proposed wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. All structures (including parking lots) shall maintain a 40-foot setback from the edge of the wetland buffer. 6.The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation (including grading and seeding) to ensure the design standards for the replacement wetland are met. The letter of credit shall be effective for no less than five years from the date of final plat approval. The applicant shall submit a cost estimate for wetland creation (including grading and seeding) so the City can calculate the amount of the wetland creation letter of credit. 16 Planning Commission Summary – July 19, 2005 7.The proposed development shall maintain existing runoff rates and meet NURP standards. Storm water calculations shall be submitted to ensure the proposed storm water pond is sized adequately for the proposed development. 8.Stable emergency overflows shall be provided for the proposed pond on site. The emergency overflows shall be clearly labeled on the plan and a detail is needed. The emergency overflows may be stabilized with a turf re-enforcement mat or fabric and riprap. 9.Notes on the plan describing timing of temporary stabilization with Type 1 mulch and seed or erosion control blanket and seed shall be included. The notes shall include timing of stabilization as well as the rate of mulch application (2 tons per acre, disc anchored). 10.All riprap/fabric at the flared end section shall be installed within 24 hours of flared end section installation. 11.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 12.Erosion control blanket shall be specified in the swale from the flared end section to the wetland along the west boundary of the site. The blanket specified shall adequately protect the area from designed velocity and depth of flow. The blanket and seed in the swale shall be installed within 5 days of culvert installation. Erosion control blanket is recommended for the pond slopes from around 952 to 942 contours. All blanket on the plan shall be shown as a shaded area. 13.Temporary sediment basins shall be installed prior to disturbing upslope areas. The areas of temporary sediment basins shall be labeled on the plan. A temporary outlet (e.g., a perforated riser and rock cone) shall be provided for the pond; details should be provided. Temporary basins shall be constructed in the area of the proposed permanent storm water pond, the southeast corner of the site prior to discharging to the culvert under Galpin Boulevard, and possibly in the northwest area of the site to handle water runon from the north prior to discharge to the wetland. 17 Planning Commission Summary – July 19, 2005 14.Any and all area inlets or drop inlets in paved areas shall be protected with alternate controls/Wimco details. The engineer shall research and provide alternate designs for Wimco-type inlet controls to fit the various types of inlets. 15.Additional inlet controls shall be provided for adjacent inlets on Galpin Boulevard and Street A. 16.Silt fence shall be installed around Outlot A along the east side between the pond the wetland. 17.Type 1 and Type 2 silt fence locations shall be specified on the plan. Type 2 silt fence shall be installed around all wetland areas and in the southeast corner of the site to protect the culvert under Galpin Boulevard. The silt fence shall be extended along the south side to close the gap in the silt fence. 18.Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. 19.The estimated total SWMP fee, due payable to the City at the time of final plat recording, is $413,661. 20.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Carver County, Minnesota Pollution Control Agency (NPDES Phase II construction permit), Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers) and comply with their conditions of approval. 21.In lieu of parkland dedication and trail construction, full park fees shall be collected at the rate in force at the time of final plat for the proposed Chanhassen West Business Park. At current rates, the park fee would total $359,500 (35.95 x $10,000 per acre). 22.A demolition permit must be obtained before beginning demolition of any existing structures. 23.Retaining walls over four high must be designed by a professional engineer and a permit must be obtained prior to construction. 24.Provide a water service for Lot 6. 25.A 10-foot clear space must be maintained around fire hydrants i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 26.Fire apparatus access roads and water supplies for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 18 Planning Commission Summary – July 19, 2005 27.The new proposed street will be required to have a street name. Submit proposed street name to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. 28.No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 29.Fire apparatus access roads shall be designed and maintained to support the imposed load of fire apparatus and shall be surfaced so as to provide all weather driving capabilities. Pursuant to Minnesota Fire code Section 503.2.3. 30.Temporary street signs shall be installed on street intersections when construction of a new roadway allows passage be vehicles. Pursuant to 2002 Minnesota fire code Section 501.4. 31.Prior to final platting, storm sewer design data will need to be submitted for staff review. Depending on the size of the drainage area, additional catch basins may be required at that time. The storm sewer will have to be designed for a 10-year, 24-hour storm event. Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including storm water ponds, drainage swales, emergency overflows, access routes for maintenance, over all existing wetlands, wetland mitigation areas, and buffer areas used as PVC. The minimum easement width shall be 20 feet wide. 32.The interior lot storm sewer will require private easements to be dedicated where the sewer crosses from one lot to another. 33.Private utility easements are required for the sanitary sewer and water lines that serve Lot 4 but go through Lot 5. 34.The sanitary sewer and water hookup charges will be applicable for each of the new lots. The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. 35.On the site plan: a.Revise the cul-de-sac pavement radius to 48 feet. b.Revise the parking driveway aisle from 24 feet to 26 feet wide. c.Revise the public street width from 32 feet to 36 feet wide. d.Increase the full access width off Galpin Boulevard to 44 feet and create three lane access. e.Shift Lots 1 and 8 easterly access further toward the west and realign the across each other. f.Show at least one, 6-foot wide, side walk along the public street. g.Show the access off Galpin Boulevard turning curb radius. h.Realign lot 5 access perpendicular to the shared driveway. i.Show street lights. j.Show handicap parks and ramps. 19 Planning Commission Summary – July 19, 2005 36.On the grading plan: a.Extend silt fence type between the storm pond and Outlot A. Silt fence Type II must be used adjacent to wetlands and storm pond. b.Revise contour lines to match 3:1 maximum slope and tie the proposed contour lines with the existing contours for Lots 4, 5, south of Lot 2 and northeast of Lot 1. c.Show the proposed contour lines for Lot 6. d.Show all retaining walls top and bottom elevations. e.Show all emergency overflows (EOF). The EOF must be 1.5' lower than the adjacent lowest floor. f.Revise Lot 6 parking slope to 0.7% minimum. g.Add a note to remove any existing structure and access off Galpin Boulevard and all disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. h.Show 75-foot minimum construction rock entrance. i.No retaining walls structure is allowed within public street and/or public utility easements, revise accordingly. j.Show 20-foot utility easement for the storm sewer between Lots 2 and 3 37.On the utility plans: a.Show all existing and proposed drainage and utility easements. b.Show the proposed sanitary and storm sewer stubs inverts. c.Add storm sewer schedule. d.Public storm sewer pipe type must be RCP and 15-inch minimum diameter. e.The last street accessible storm manhole (STMH#2) must be built with a sump. f.Revise sanitary sewer pipe from DIP to PVC-C900. g.On the utility profile show all sewer and pipe crossings. h.Minimum vertical separation must be 18 inches between watermain and sewer. i.Call out watermain fittings 38.Any retaining wall over four feet in height must be designed by a registered Civil Engineer in the state of Minnesota with an approved safety fence on top of it. Also, it will require a building permit from the Building Department. 39.Add the following City of Chanhassen Detail Plate Nos. 1002, 2109, 2110 2204, 3104, 3109, 5201, 5205, 5214 and 5215. 40.Prior to final plat approval, a professional civil engineer registered in the state of Minnesota must sign all plans. 41.All of the ponds are required to be designed to National Urban Runoff Program (NURP) standards with maximum 3:1 slopes and a 10:1 bench at the NWL. 42.Cross-access easements for the shared driveway accesses must be obtained and recorded against the lots for each of the entrance drives. 20 Planning Commission Summary – July 19, 2005 43.Any off-site grading will require easements from the appropriate property owner. 44.Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, MnDOT, etc. 45.If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes and traffic control plans. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. 46.All private streets are required to have 24-foot wide paved streets from back-of-curb to back- of-curb, be built to a 7-ton design and contained within a 40-foot wide private easement. At the completion of the project, the developer will be required to submit inspection/soil reports certifying that the private streets were built to a 7-ton design. 47.Six-foot wide sidewalks are required. 48.All plans must be signed by a registered engineer in the state of Minnesota. 49.All of the proposed building pads must have a rear yard elevation at least three feet above the HWL of the adjacent ponds. 50.Installation of the private utilities for the site will require permits and inspections through the City’s Building Department. 51.Comply with Carver County memo dated June 28, 2005 and revise the plans accordingly. 52.Revise plan sheet size to 24 x 36 using scale 50. 53.The developer shall either dedicate Outlot C to the City for open space purposes or dedicate a conservation easement over Outlot C.” 54. The northeast corner abutting Lot 6, follow the city code and have a 150 foot setback. 55. No motels/hotels be allowed. 21 Planning Commission Summary – July 19, 2005 56. The combination of the berm height, landscaping and the height of the building on Lot 6 be such that you cannot see the roof line while standing on the ground on Lot number 2 of Trotters Ridge. 57. The applicant work with city staff to resolve any drainage issues with Lot 2 in Trotters Ridge. 58. City staff be directed to revisit the issue of access from the site onto Lyman Boulevard with Carver County. All voted in favor, except Zorn and Larson who opposed, and the motion carried with a vote of 3 to 2. Papke moved, Keefe seconded that the Planning Commission recommends approval ofthe “ Wetland Alteration Permit to fill and alter wetlands within the development, plans prepared by Schoell & Madson, Inc., dated June 17, 2005, subject to the following conditions: 1.A no loss determination shall be completed for Basin F 31-34. 2.Exemption requests shall be completed for Basins F 51-80 N, Basin F 91-97 and Wetland A. 3.Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). A Minnesota Local/State/Federal Application Form for Water/Wetland Projects (Parts I and II) shall be submitted for the proposed project. The application shall include sequencing discussions and sequencing flexibility requests, if applicable. The applicant must receive approval of a wetland replacement plan prior to or concurrent with final plat approval and prior to wetland impacts occurring. 4.A five-year wetland replacement monitoring plan shall be submitted. The replacement monitoring plan shall include a detailed management plan for invasive non-native species, particularly purple loosestrife and reed canary grass. The plans shall show fixed photo monitoring points for the replacement wetland. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. 5.Several corrections must be made to the Wetland Mitigation Plan (sheet 10 of 13): a.Wetland A is shown as an impact area. Upon finalization of exemption paperwork, mitigation will not be required for this wetland; b. Wetland C (Basin F 87-90) is 0.05 acres in area; and c.Wetland D (Basin F 81-86) is 0.09 acres in area. 6.A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all wetlands and proposed wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. All structures (including parking lots) shall maintain a 40-foot setback from the edge of the wetland buffer. 22 Planning Commission Summary – July 19, 2005 7.The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation (including grading and seeding) to ensure the design standards for the replacement wetland are met. The letter of credit shall be effective for no less than five years from the date of final plat approval. The applicant shall submit a cost estimate for wetland creation (including grading and seeding) so the City can calculate the amount of the wetland creation letter of credit. 8.Drainage and utility easements a minimum of 20 feet in width shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. 9.Silt fence shall be installed around Outlot A along the east side between the pond the wetland. 10.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Carver County, Minnesota Pollution Control Agency (NPDES Phase II construction permit), Minnesota Department of Natural Resources (for dewatering), Army Corps of Engineers) and comply with their conditions of approval.” All voted in favor, except Zorn and Larson who opposed, and the motion carried with a vote of 3 to 2. APPROVAL OF MINUTES: Commissioner Keefe noted the verbatim and summary minutes of the Planning Commission meeting dated June 21, 2005 as submitted. Acting Chair McDonald adjourned the Planning Commission meeting at 11:15 p.m.. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 23