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PC 2016 08 16 CHANHASSEN PLANNING COMMISSION REGULAR MEETING AUGUST 16, 2016 Acting Chair Undestad called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Mark Undestad, John Tietz, Maryam Yusuf, Nancy Madsen, and Mark Randall MEMBERS ABSENT: Andrew Aller, and Steve Weick STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Walters; Assistant Planner; and Krista Spreiter, Natural Resources Technician PUBLIC HEARING: FOXWOOD – WETLAND ALTERATION PERMIT FOR PROPERTY LOCATED AT 9150 AND 9250 GREAT PLAINS BOULEVARD. APPLICANT: BILL COFFMAN, GONYEA HOMES AND REMODELING, OWNER: JIM WILSON & PAUL PAULSON. Spreiter: Thank you Commissioner Undestad. As stated this is the public hearing for the nd Foxwood Wetland Alteration Permit. This item will go before City Council on August 22 for approval. The proposed project is located just south of Lyman Boulevard on Great Plains Boulevard across from Bandimere Community Park. The applicant is requesting a wetland alteration permit for the purpose of developing a 44 acre site for the creation of 46 single family residential lots. This is the existing site. It’s quite extensive. It has extreme topography. It includes 8 wetlands on site one of which is a DNR public water body which is located to the north. The applicant is proposing to impact .059 acres of wetland basin 3. As a result of the project this basin is located between Wetland 4 and Wetland 8. It flows easterly into Wetland 8. The impacts are the result of the proposed access road that is the main thoroughfare through the development running north and east. Or I’m sorry north and south. It would be located between Wetland 4 and Wetland 8. This also would provide utilities to the development and to the property to the east. The applicant is requesting a wetland alteration permit to permanently impact .059 acres of wetland and is proposing to mitigate for these impacts using wetland bank credits purchased from Account Number 1175 which is also, which is located in the same bank service area and major watershed. City code requires that the applicant comply with Wetland Conservation Act rules which also require that the applicant must first avoid impacts. Then minimize these impacts to the greatest extent practical. The applicant has made sufficient efforts to avoid and minimize impacts. These include shifting the road to the west which would reduce the amount of fill needed and in turn reduce the amount of impact. The Wetland Conservation Act also requires that any unavoidable impacts be mitigated for. In this case the applicant has chosen to purchase wetland bank credits from Bank Number 1175. This is in the same BSA number 9 and major watershed 33 as the proposed project. Therefore they’re to be purchased at the required 2 to 1 ratio. This is consistent with Wetland Conservation Act rules. The applicant Chanhassen Planning Commission – August 16, 2016 has fulfilled the sequencing and minimization requirements within their application and is compliant with city code. Therefore staff is recommending approval with conditions for the wetland alteration permit request in this case. This is all I have tonight. I’m happy to take any questions from the commissioners at this time. Undestad: Okay, thank you. Any questions for staff? Tietz: Looks pretty straight forward. Undestad: Okay, if the applicant is here would the applicant care to say anything? Okay. This is a public hearing. I’ll open the public hearing at this time. Seeing no one, I’ll close the public hearing. Bring it back to commissioners. Any comments. Questions. Tietz: Looks like a good follow-up to what we saw some time back and a good resolution to the situation. Look like great lots. Bill Coffman: Yeah we’re pretty excited about it. Tietz: Yeah. Madsen: And it’s noted in the report they really tried to minimize the impacts. They looked at alternatives and I think they came, did the best they could do and minimized it. Yusuf: I totally agree with that. Undestad: Alright with that I’ll entertain a motion. Madsen: I’ll make a motion. The Chanhassen Planning Commission recommends that City Council approve Wetland Alteration Permit #2016-20 and authorize the Water Resources Coordinator to sign the Interagency Water Resource Application subject to conditions within the staff report and adopts the attached Findings of Fact and Recommendation. Undestad: Okay, I have a motion. Do I have a second? Yusuf: Second. Madsen moved, Yusuf seconded that the Chanhassen Planning Commission recommends that City Council approve Wetland Alteration Permit #2016-20 and authorize the Water Resources Coordinator to sign the Interagency Water Resource Application subject to the following conditions and adopts the attached Findings of Fact and Recommendation: 2 Chanhassen Planning Commission – August 16, 2016 1. A letter from the Board of Soil and Water Resources stating that the credits have been debited and applied towards this impact must be provided prior to any disturbance of the wetland. 2. An erosion prevention and sediment control plan consistent with Section 19-154 of city code must be included. 3. The plan must indicate how temporary impacts to the buffer area will be permanently stabilized. 4. The applicant must obtain approvals from the Riley Purgatory Bluff Creek Watershed District. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: ORDINANCE FOR DROP HOMES. Walters: Alright this is circling back from I believe we did an informal discussion on this the last time I was here but just to refresh your memory. The State legislature in this legislative session passed an ordinance that essentially required communities to allow temporary family health care dwellings in residential zones. These dwelling would be pre-fabricated units no greater than 300 square feet and they would have to meet Minnesota’s accessibility standards. Be hooked up to water and electric but they were exempted from the normal provisions of the city code that cover accessory structures. However setbacks and other areas of the zoning code would still apply. When we last spoke about this staff expressed several concerns. Namely the exemption from many of the City’s zoning provisions that govern accessory structures. The potential impact of allowing multiple dwelling units in single family residential lots. The density and intensity of use within those zones. We were also concerned by the permitting process as the legislature only allowed 15 days to evaluate the permit. Most other permits are allowed a 60 day evaluation period. There were not criteria for examining requests to extend the permits. There were some concerns with staff being asked to handle potentially confidential medical information regarding the health of applicants. There was not clear appeals or enforcement procedures in terms of if the applicant violated the terms of the permit how we would actually be able to force them to remove the property along with monitoring concerns in terms of determining when the applicant was no longer residing there. There were also some questions of need. The City of Chanhassen currently accommodates these type of uses through either variances procedures. Encouraging people to house relatives in empty rooms. There are senior oriented apartments, group homes and other assisted living facilities. I believe the Planning Commission asked staff to look into what other cities in Minnesota were doing in response to this ordinance. I asked around and we have included as attachments the response from the 10 key fiscal cities so these are cities that have comparable demographic composition to Chanhassen that we use as a baseline for a lot of our ordinances, et cetera. None of them were 3 Chanhassen Planning Commission – August 16, 2016 going to opt into the ordinance. They were all choosing to opt out. One had indicated they had passed their own statute to allow these on their terms but did not want to take part in the state program. I also received a survey from the Municipal City and County Manager’s Association listing I believe 33 different cities of which 32 had chosen to opt out of the legislation. Osseo’s the only one opting in. Their stated reason was they didn’t expect anyone would actually be able to put one in given their setbacks. I believe that brings you up to speed with where we are with it. If you have any questions I’d be happy to answer them. Undestad: Okay, any questions of staff? No? Alright. Seeing none again this is a public hearing. We’ll open the public hearing. Seeing no one I’ll close the public hearing and bring it back to staff for any other questions or comments. I think we’re all in agreement on that one so. Aanenson: That motion’s in your staff report cover. Undestad: No further questions from anyone? Okay I’ll entertain a motion. Yusuf: Just a second, I’ll make a motion. The Chanhassen Planning Commission recommends that City Council adopt the attached ordinance amending Chapter 20 of the Chanhassen City Code regulating accessory structures. Undestad: I have a motion. Do I have a second? Madsen: Second. Undestad: I have a second. Yusuf moved, Madsen seconded that the Chanhassen Planning Commission recommends that City Council adopt the attached ordinance amending Chapter 20 of the Chanhassen City Code regulating accessory structures.All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES: Commissioner Yusuf noted the verbatim and summary Minutes of the Planning Commission meeting dated July 19, 2016 as presented. COMMISSION PRESENTATIONS. None. ADMINIISTRATIVE PRESENTATIONS. th Aanenson: Alright I do have a couple things. On the July 25 meeting the City Council approved Pinehurst Addition. That was 3 lots. That was actually combined as one zoning lot and they went back, took their swimming pool out and went back and created the 3 lots. IDI expansion was approved and Foxwood which you saw the final component of that so expect both those projects to move forward. Would like to go through the upcoming items for Planning on 4 Chanhassen Planning Commission – August 16, 2016 your schedule. So we had the tour. Thanks to you that were able to make it. Our next meeting th will be September 6. The only thing on that agenda is the water treatment plant and that is over off of Galpin Boulevard. I know Maryam you’re excited to look at the plans for that. So that will be our only item on. There may be a few neighbors on that. That is going to the City Council next Monday just to look at the 90 percent plans. The architectural renderings and the th like. So you’ll be seeing that and then September 20, we’re not sure if that project will come forward that’s on there. The Mission Hills Senior. We’ve got the traffic study. That looks good. We’re just trying to get all of the rest of the building design so I’ll let you know on that schedule thth but for sure plan on the 6. I’ll let you know then on the 20 but right now we are anticipating Avienda. The concept PUD that we looked at. The lifestyle center coming forward so that nd would be submitted at the end of September. I think September 2. Would have to be in by that date so we’ll let you know on that one too so that’s kind of what we have. We have quite a few projects that are out there spinning around trying to land. Missing pieces. Putting things together but that’s where we’re at right now and I appreciate when we have people traveling that you let us know ahead of time. I know I circle back to everybody letting us know in advance so I appreciate everybody making it here tonight. We were worried that both these items knew have to advance quickly to the City Council so I appreciate that. So with that we do have some discussion items but we can adjourn the regular portion of the meeting Chairman and then we just have a few discussion items on some codes. As long as we’re all together we’ll just talk about and get some direction from the commission so. Undestad: Okay, motion to adjourn. Madsen moved, Yusuf seconded to adjourn. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 7:20 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 5