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PC Staff Report - Avienda 6.6.17
c�CITY OF CHANHASSE PROPOSED ACTION: PC DATE: May 16, 2017 16-J. June 6, 2017 CC DATE: June 26, 2017 REVIEW DEADLINE: July 7, 2017 CASE # 2017-10 BY: KA A. "The Chanhassen Planning Commission recommends that City Council approve the Rezoning of 115.519 acres, from Agricultural Estate District, A2, PUD Regional Commercial including "ExhibitA Avienda Design Standards" B. "The Chanhassen Planning Commission recommends that City Council approve the Subdivision Preliminary Plat creating 18 lots, 3 outlots and dedication of public right-of-way, as shown in plans prepared by Landform dated, April 14, 2017, subject to conditions in the staff report: C. "The Chanhassen Planning Commission recommends that City Council approve the Conditional Use Permit to encroach into the primary zone and required buffer for the construction of Bluff Creek Boulevard; subject to conditions in the staff report: D. "The Chanhassen Planning Commission recommends that City Council deny the Variance to encroach into the primary zone and required buffer for the construction of the development. F.. "The Chanhassen Planning Commission recommends that City Council approve the Wetland Alteration Permit to 4.4659 acres ofpc mar�cnt wetland impacts subject to conditions: in the staff report. And, The Planning Commission also adopts the attached findings of fact and recommendations. PROPOSAL: Preliminary Plat, Regional Mixed -Use Planned Unit Development (PUD), Wetland Alteration Permit and Conditional Use Permit and Variances located of 6 parcels on approximately 118 acres of land for the establishment of a mixed use development. LOCATION: Southwest corner of Powers Boulevard and Lyman Boulevard APPLICANT: Landform Professional Services LLC Level 7 Development 105 South Fifth Ave Suite 513 4600 Kings Point Rd Minneapolis, MN 55330 Minnetrista, MN 55330 PRESENT ZONING: A-2 Agricultural Estate 2030 LAND USE PLAN: Office or Regional Commercial, Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 2 of 59 ACREAGE: Approximately 115 acres DENSITY: Assumes 80% of site commercial with a F.A.R. of 0.3 and 30% of site residential with a density of 16 units per acre. LEVEL OF CITY DISCRETION IN DECISION MAKING: The city has a relatively high level of discretion in approving PUDs because the city is acting in its legislative or policy malting capacity. A PUD must be consistent with the city's Comprehensive Plan. The city's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If�t meets these standards, the city must approve the preliminary plat. This is a quasi-judicial decision. The city's discretion in approving or denying a Conditional Use Permit is limited to whether or not the proposed project complies with Zoning Ordinance requirements. rf it meets these standards, the city must then approve the Conditional Use Permit. This is a quasi-judicial decision. The city's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The city has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. The city's discretion in approving or denying a Wetland Alteration Permit is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a WAP. These standards, the city must then approve the WAP. This is a quasi-judicial decision. SUMMARY OF REOUEST: The developer is requesting the following: • Preliminary Plat for Subdivision into 18 lots, 3 out lots and dedication of public right-of- way; • Rezoning to PUD • Conditional Use Permit and Variances for development in the Bluff Creek Corridor; • Wetland Alteration Permit to fill 4.4659 acres of wetland Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 3 of 59 The applicant is requesting a Preliminary Plat and rezoning to Planned Unit Development (PUD) for a mixed use development. The site is currently zoned Agricultural Estate (A-2). With the 2030 Comprehensive Plan, the city considered two land use options for the subject properties: Office or Regional Commercial. The dual guiding allows the City Council to review the application for Regional Commercial to ensure it furthers the city's vision as stated in the Comprehensive Plan and Zoning Ordinance. The 1.66 -acre parcel located east of Powers Boulevard is zoned Agricultural Estate and is guided Medium Density Residential. The applicant has not proposed development plans for this parcel at this time. A Comprehensive Plan Amendment is necessary for any action to change the land use as it is anticipated that it will be used as a permanent Drainage and Utility Easement. The use of the PUD zoning also allows for greater specificity in the types, location and sizes of uses. The city has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would be the case with the other, more standard zoning districts. It is the applicant's responsibility to demonstrate that the city's expectations are to be realized as evaluated by the city's goals and policies. At this time there are no site plans being approved. This application sets the framework, the plat (subdivision lots) and the PUD (uses and development guidelines). Any proposed developments will have to come back through the city process for approval. (report continued on next page) Planning Commission Preliminary Pm and Panne Unit Development — Planning Cae2017 I0 June 6, 2017 Page 4 of 59 ykQ mo .. � .�� .a• | � � � 1 A.S*�r� 4® ^ ' �l ' Ru k it . j \¢,rr\ .T© - . a /3 N6, {2 s� 0.� . . r�, � » \ 4�- \Z 'MPPI ' � �¥�® � � � . � ƒ ■ � � . /'K'PrIor- ��� Parcel and Site Information Parcel IlD T se Acreage Land Use Current Zoning 20200 t&7g�&tmc 228 Office or Commercial A- Agricultural Estate E66 Medium Density A- Agricultural Estate 250230300 Level 7Development Inc. 540 Office oCommercial A-2 Agdcultural£stat 250230410 Level Development me 20 Office or Commercial A- Agricultural Estate 20230430 Level 7Development Inc. 16 Office or Commercial A- Agricultural Estate 250230420 Level 7 Development Inc. 4 Ofd or Commercial A- Agricultural Eft Tial 118.62 Planning Commission Preliminary Plat and Planned Unit Development – Planning Case 2017-10 June 6, 2017 Page 5 of 59 BACKGROUND • November 1, 2016 the Planning Commission recommended conceptual approval of the PUD. • November 28, 2016 the City Council gave conceptual approval of the PUD. • February 27, 2017 during its Work Session the City Council reviewed the significant issues of the Alternative Urban Areawide Review (AUAR). • February 28, 2017 an Open House was held. • March 7, 2017 The Planning Commission held a public meeting on to review the proposed update to the AUAR document. The Planning Commission forwarded their comments to the City Council. • March 13, 2017 the City Council authorized publication in the Environmental Quality Board (EQB) Monitor for April 3 and closing the AUAR comment period on April 17. • May 8, 2017 the City Council Adopted a final Resolution for the updated AUAR and Mitigation Plan. The following are the AUAR mitigation stratagies that were apporved by the City Council on May 8, 2017: Mitigation Plan. The final AUAR document must include an explicit mitigation plan. At the RGU s option, a draft plan maybe included in the draft AUAR document. Of course, whether or not there is a separate item for a draft mitigation plan, proposed mitigation must be addressed through the document. It must be understood that the mitigation plan in the final document takes on the nature of a commitment by the RGU to prevent potentially significant impacts from occurring from specific projects. It is more than just a list of ways to reduce impacts—it must include information about how the mitigation will be applied and assurance that it will. Otherwise, the AUAR may not be adequate and/or specific projects may lose their exemption from the individual review. The RGU's final action on the AUAR must specifically adopt the mitigation plan; therefore, the plan has a 'political " as well as a technical dimension. This Mitigation Plan identifies initiatives that address potential impacts resulting from future development within the AUAR Project area. This mitigation plan specifies the controls, procedures, and other steps that may be implemented to protect or minimize potential negative impacts. In order to mitigate the potential environmental impacts identified in the Chanhassen AUAR, The City of Chanhassen will commit to implementing the mitigation initiatives identified in this plan. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 6 of 59 Intent of Mitigation Plan New development generates impacts on the environment and on existing development. These impacts result from construction activities associated with new development (i.e. erosion, dust, noise) as well as post construction associated with the activities and design of the development (i.e. traffic, runoff, pollution, infrastructure demand). This plan identifies existing tools and policies that the City of Chanhassen has in place to address the types of impacts that may result through development of the Chanhassen AUAR project area. The plan also identifies additional initiatives that will need to be implemented to mitigate potential environmental impacts resulting from projected development of the project area. The following are multiple ways in which Mitigation Initiatives may be implemented: • Enforcing existing zoning and subdivision ordinances and other development regulations at the time of development concept submittals, preliminary and final platting, and during construction monitoring activities; • Referencing and implementing policy directions during the review and approvals of development projects; • Facilitating additional study as regional transportation planning initiatives become more finalized or as other regional developments alter travel patterns/behaviors. • Planning and building public infrastructure (local roads, parks, trunk sewer systems and water systems) in conjunction with private development initiatives; • Maintaining and updating of existing plans and studies for the community; • Requiring additional field work/investigations as part of pre development planning where potential environmental or cultural resources may exist but have not been verified; • Chanhassen 2005 Alternative Urban Areawide Review 2016 Update; and • General Mitigation Initiatives. This section identifies a series of mitigation initiatives that are general in nature and apply to all public and private development within the AUAR: 1. All permits identified in the AUAR (See question #8) as well as other necessary permits that may be required will be secured by the city, or private parties as appropriate, for all development activities within the project area. 2. The city will follow its own regulations, ordinances, plans, and policies currently in place in the review and approval of all development activities within the project area. These items include The 2030 Comprehensive Land Use Plan, the official zoning and subdivision ordinances and the Bluff Creek Overlay ordinance. In addition, the Bluff Creek Watershed Natural Resource Management Plan, the Surface Water Management Plan, the Comprehensive Water Supply Plan, and the Comprehensive Sanitary Sewer System Plan will be used as technical resources in reviewing development activities and developing associated public infrastructure. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 7 of 59 3. The city will extend public sewer and water services in a manner consistent with existing plans and policies for delivering trunk sanitary sewer service and water main systems. Abandonment and closure of individual well and septic systems will follow existing local and state regulations. 4. The city will work with MnDOT and Carver County to periodically monitor traffic as generated from development within the project area as well as regional development initiatives that will affect the project area. Performing traffic counts and monitoring traffic movements will help in facilitating future local roadway improvements. 5. The city will provide for adequate regional and local stormwater ponds and trunk facilities to protect water resources and water quality as guided by the Surface Water Management Plan and the Bluff Creek Watershed Natural Resource Management Plan. 6. The city will to monitor development within the AUAR Project Area and its conformance with the development scenarios assumed in the ALTAR. 7. The city will enforce its parkland dedication practices consistent with the goals and policies outlined in the 2030 Comprehensive Plan and the Bluff Creek Watershed Natural Resource Management Plan and the requirements of the subdivision ordinance. 8. The city will follow existing zoning regulations including Floodplain Overlay (Article V), Wetland Protection (Article VI), Shoreland Management (Article VII), Bluff Protection (Article XXVIII) and Bluff Creek Overlay (Article XXXI) to protect natural and environmental resources from potential impacts resulting from the Development Scenario. The city will reference policies and strategies outlined in the 2030 Comprehensive Plan, Surface Water Management Plan and the Bluff Creek Watershed Natural Resource Management Plan as technical resources during the review of specific development projects. Developers Plan The applicant is proposing a mixed used development. The following is from the applicant's Development Plan. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June b, 2017 Page 8 of 59 Planning Commission Preliminary Plat and Planned Unit Development - Planning Case 2017-10 June 6, 2017 Page 9 of 59 Legend The city's 2030 Comprehensive Plan gives the following guidance for the development of this property. VISION The land use change to either Office or Regional Commercial District as a part of the 2030 Comprehensive Plan was based on the city's vision for a lifestyle center. The Comprehensive Plan states: 2.7.4 Regional/Lifestyle Center Commercial "DefinitionlVision: A mixed commercial district with retail and entertainment uses of a scale and function that serves a regional market. The physical environment emphasizes Parking r` Future Traffic Signal 7w Net Gross developable Developable Building Parking Units/ Ratio Existing Traffic Signal Section Area (Acres) Area (S.F.) Stalls Beds (Stalls per 1,000 S.F. (Acres) or per Unit) Stall Count 0 9.55 9.55 98,000 491 5.0 U 1.45 1.45 8,000 48 5.3 Public Right Of Way 6.97 6.97 183,000 365 225 1.6 Ponding O 9.34 7.67 76,000 nla 38 O 5.32 4.91 50,000 273 5.5 ❑ f � Preservation {, 1.64 1.64 16,000 35 2.2 L; Wetland and Buffer 4.02 4.02 50,000 305 6.1 4.39 4.39 50,000 315 6.3 ;) Regional Commendal 0 1.46 1.37 8,000 90 11.3 (j office 0 1.51 1.30 8,000 84 10.5 C High Density Residential f-. C... 2.24 2.07 8,000 119 14.9 C": _:: 1.27 1.27 6,000 75 12.5 0 Medium Density Residential C', 19.78 19.78 151,000 807 5.3 0 7.92 7.92 86,000 430 5.0 Notes C.) 2.27 2.27 39,000 145 100 1.5 �' 6.03 6.03 278,200 375 250 1.5 Development plan shown for schamatic purposes only and subject to change. 15.93 0.00 nla nla ® 17.12 0.00 nla nla 1.66 0.00 nla n/a The city's 2030 Comprehensive Plan gives the following guidance for the development of this property. VISION The land use change to either Office or Regional Commercial District as a part of the 2030 Comprehensive Plan was based on the city's vision for a lifestyle center. The Comprehensive Plan states: 2.7.4 Regional/Lifestyle Center Commercial "DefinitionlVision: A mixed commercial district with retail and entertainment uses of a scale and function that serves a regional market. The physical environment emphasizes Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 10 of 59 an attractive, comfortable walking experience for shoppers and visitors and is designed to serve trail users and mass transit as well as automobile traffic. Centers of this type have at least two major retail anchors and are characterized by the diversity and mix of retail and service uses within their boundaries. Uses within this district should complement existing retail users in the other commercial districts. Development of these centers shall be planned as a group of organized uses and structures to accommodate a sensitive transition between commercial activities such as loading, parking of automobiles, lighting and trash collection, and surrounding residential uses. Such centers shall be designed with one theme, with similar architectural style, similar exterior building materials, and a coordinated landscaping theme. Vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive circulation system. Goods and Services Examples • Entertainment Department Store • Comparison Shopping • Specialty Retail/Boutique • Restaurants • Hotels • Residential A new zoning district Regional Commercial (RC) will be created in the City Code to implement this land use. The city has given a dual land use of the 118 acres at the southeast corner of Powers and Lyman Boulevards to accommodate this use." ANALYSIS OF APPLICATION FOR PUD REGIONAL COMMERCIAL In 2009, the city created the Regional Commercial (RC) zoning district to differentiate from the Central Business District (CDB). The CBD district is intended to meet the "daily needs" whereas the RC district is intended to be a regional draw with comparison shopping. The RC district was placed in the PUD District in order to be prescriptive in the uses permitted. The RC Zoning District is found in the PUD District. Sec. 20-509. - Standards and guidelines for regional/lifestyle center commercial planned unit developments. (a) Intent. (1) The use of planned unit developments for regional/lifestyle center commercial purposes should result in a reasonable and verifiable exchange between the city and the developer. This district is intended to provide for the development of regional and community scale integrated retail, office, business services, personal services and Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 11 of 59 services to the traveling public near freeway interchanges. It shall strive to create a self-sustaining pattern of land uses with cultural, employment, entertainment, housing, shopping and social components. (2) The regional/lifestyle center commercial district is a mixed commercial district with retail and entertainment uses of a scale and function that serves a regional market. The physical environment emphasizes an attractive, comfortable walking experience for shoppers and visitors. It shall be designed to serve pedestrian and mass transit users as well as automobile traffic. Centers of this type, generally, have at least two major retail anchors and are characterized by the diversity of mixed retail and service uses. Uses within this district should complement existing retail users in the other commercial districts. (3) Development of these centers shall be planned as a group of organized uses and structures to accommodate a sensitive transition between commercial activities such as loading, parking of automobiles, lighting and trash collection and surrounding residential uses. Such centers shall be designed with one theme, with similar architectural style, similar exterior building materials, and a coordinated landscaping theme, but shall avoid monotony in design and visual appearance. Vehicle and pedestrian access is coordinated and logically linked to provide a comprehensive circulation system. Applicable Regulations Article VIII. - Planned Unit Development District Division 2. - Procedures Sec. 20-518. - Development stage. (a) The applicant shall submit the development stage application, preliminary plat and fee. The applicant shall file the development plans and preliminary plat, together with all supporting data. (b)With the appropriate notifications, the planning commission shall conduct the hearing on the preliminary plat and the rezoning and report its findings and make recommendations to the city council for action. (c)The development stage shall include, but not be limited to: (1) A preliminary plat and information required by cha ter 18. RETAIL ML4RKET STUDY In June 2014, the McComb Group, Ltd. completed a Trade Area Demographic, Characteristic and Sales Potential for the Chan -212 area. The executive summary comments include, "Chan -212 trade Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 12 of 59 area's many economic attributes, population, and upper income households provide support for retail stores, restaurants and key services." This study was updated by McComb Group, Ltd in March of 2017 the Study is called "Retail Trends and Shopping Centers". The study provides a summary of shopping center tenant trends. In the applicant's narrative about the Market Study, it states: "Our submittal includes a Retail Trends and Shopping Centers report prepared by McComb Group, Ltd, a consultant that the city has used in the past. The report is an update to the 2014 report they prepared for the development and reinforces the need for Avienda lifestyle center at this location. The report notes that we are in the midst of a retail evolution driven by economic trends, generation shifts in population, changing lifestyles, and spending patterns. This study addresses the changing retail marketplace and the characteristics of a contemporary Lifestyle Center, which a lifestyle experience, rather than a simple shopping experience. No lifestyle center can be successful without activity generators. These are businesses that draw customers to the site (sometimes called anchors). In today's changing retail market, those draws may be individual users, but are just as likely to be the experience itself. A collection of quality businesses in an interesting and accessible environment acts as an activity generator. Avienda Village will meet the Zoning Ordinance stated goals for this center to provide "regional and community scale integrated retail, office, business services, personal services and services to the traveling public near freeway interchanges." The study continues to support the 2014 findings that our project will help the City of Chanhassen capture dollars that are currently leaving the city and provide services and amenities needed to support the existing and new residential development in this area. Our Avienda Lifestyle Center will serve an unmet need in the community, will serve regional demand, and will complement existing Chanhassen businesses." The following is a summary of some of the findings of the study: Chapter H SHOPPING CENTER TENANT TRENDS "Changes in retail and service tenants in downtown Chanhassen and competitive shopping areas contained in our previous report in 2014 were identified by visual inspection. These shopping areas included Eden Prairie Center, Southdale Center, and Ridgedale Center and surround retail areas. The purpose of this analysis was to identify trends in tenant mix by identifying stores that have opened and those that have closed. Due to the methodology, some stores may have been omitted inadvertently. This analysis focuses on businesses that typically locate in regional shopping areas." Planning Commission Preliminary Plat and Planned Unit Development – Planning Case 2017-10 June 6, 2017 Page 13 of 59 Summary "The lists of opening and departing tenants at the three shopping centers and their associated retail areas are informative. The three regional malls have been maintaining occupancy as tenants leave and new stores replace them. In the shopping goods and food service categories, the new tenants are successful businesses with growing store count, while the departing stores are those with shrinking store count and declining comparable store sales. In the services categories, there is an increase in personal care stores—hair, nail, massage, and other related services. The number and types of exercise and wellness businesses is also expanding. The same trends are evident in the surrounding retail areas of these centers. The challenge for shopping centers is to be able to weed out the declining retailers in an orderly fashion to accommodate new tenants that cater to the emerging customer lifestyles in their trade areas." The study also compares different lifestyle center in the Metro Area. Chapter III Lifestyle Centers "Lifestyle shopping centers evolved as regional mall development slowed in the 1990s and early 2000s. Retail store chains continued to expand and were seeking new store locations. During this period, a new type of store, known as a category killer, evolved focused on specific shopping goods merchandise categories. These stores represented a range of sizes from 10,000 to 50,000 square feet. The physical size of these stores were difficult to accommodate in regional malls and they paid less rent than the smaller specialty stores that they would replace. These stores became tenants in power centers and lifestyle centers. The metro area currently has six lifestyle centers. The tenant mix of these centers are contained in Table 8. The characteristics of each of these centers are discussed in this section. The tenant mix list for each center is contained in the appendix." (report continued on next page) Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 14 of 59 S sof o tea L esfyle Ctntels RM2 Te t !�l s I Sbeppes at Woadbur, The Shops ateutral Park C'it, � �fer�l�and�s.se Cai S rk lleria Arbor Calces Lakes Fest a1 rcommms glaze i U,' st le center (sq) 417.000 39 1, 9 53 31gr� 3 3.12:541 434..4 f?i� Q.70 Con -.pence Gds ! Fxods Sta' os 1 S it Flood Strses f? Othtr 000vimceG S l t .E jF9W Service 2 Fug Smim, 6 2 1 SU E-E-.W2gt RZOM�. aa Ck 4 /ryy RFC.�.Pl/FW%y 7'. 5Shopp Gewcal 2"LnCtm6se a ppaefi and Acmswes l .I j 's. 1 �ggg Ho Fwnsl i s qq'4 Y g EE J � .ocher Stores Home, BMX0%1WMt 2 � r9/q e�y' 1 +�'i�TizY Retaw 52 i A6iY��F�� J�} ���GeT� � �� pp1. }� $ �. per'y ���µw'p�dp��41A7f9��r�rtr+..A�nc� tikIV�P-e N'tLJ s dp y 7"• Nf I T�flr: .�7i� PiL7W Grand Total 55 Source: McComb Group Ltd The study makes the following summary: 2 ! Ito 1 4 f? 2 l t 17 6 7 64- 54 34 29 23 Galleria The Galleria began as a small specialty center anchored by Gabberts Furniture. Over the years it expanded several times to 417,000 square feet of enclosed mall space. An expansion of 20,000 square feet is underway. The center is anchored by Gabberts and Crate & Barrel. Other ! Ito 7 3 4 f? 2 i 6 .E Ago 2 17 6 7 64- 54 34 29 23 Galleria The Galleria began as a small specialty center anchored by Gabberts Furniture. Over the years it expanded several times to 417,000 square feet of enclosed mall space. An expansion of 20,000 square feet is underway. The center is anchored by Gabberts and Crate & Barrel. Other ! Ito 9.6 i 5 /A,J' Ago .21 6 � 2 1 aa a 4 4 17 6 7 64- 54 34 29 23 Galleria The Galleria began as a small specialty center anchored by Gabberts Furniture. Over the years it expanded several times to 417,000 square feet of enclosed mall space. An expansion of 20,000 square feet is underway. The center is anchored by Gabberts and Crate & Barrel. Other 4s 14 i 5 /A,J' Ago .21 3 3 2 1 ! 2 2 1 l 3 1 i EE J � 2 17 6 7 64- 54 34 29 23 Galleria The Galleria began as a small specialty center anchored by Gabberts Furniture. Over the years it expanded several times to 417,000 square feet of enclosed mall space. An expansion of 20,000 square feet is underway. The center is anchored by Gabberts and Crate & Barrel. Other Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 15 of 59 significant tenants include Tiffany & Co., Restoration Hardware, Pottery Barn, and Williams Sonoma. Galleria has been implementing a remerchandising plan in connection with the expansion and has added 23 new tenants including several designer stores. Eighty percent of the Galleria tenants are shopping goods stores complemented by seven food service establishments. Shoppes at Arbor Lakes The Shoppes at Arbor Lakes, an open air shopping center with 391,151 square feet, is located in the largest shopping area in the northwest metropolitan area. It is flanked by two power centers: Arbor Lakes Shopping Center and the Fountains at Arbor Lakes. Anchor stores include Whole Foods, Cost Plus World Market, Trader Joe's, Pottery Barn, Forever 21, and H&M, which is scheduled to open this year. Shopping goods stores represent 69 percent of the tenants, which are complemented by 10 restaurants. Personal care and personal services are represented by six establishments. Woodbury Lakes Woodbury Lakes is an open air shopping center located in the east metropolitan area's largest retail concentration in Woodbury. With 318,853 square feet, Woodbury Lakes has 54 tenants, including 42 shopping goods tenants representing 78 percent of the tenants. Anchor tenants include Trader Joe's, H&M, Loft, Gap, Michael's, Ethan Allen, BuyBuy Baby, DSW, and Thomasville. Woodbury Lakes has three each of full-service restaurants and personal care. The Shops at West End The Shops at West End is an open air shopping center with 348,541 square feet, located at Highway 100 and I-394 in St. Louis Park. The center is anchored by Cub Foods, Showplace ICON Theater, and Punch Bowl Social. Other significant tenants include: Anthropologie, Cooper, and Yardhouse. Shopping goods is represented by 14 tenants, representing 40 percent of the stores. Ten restaurants represent about one-third of the tenants. The Shops at West End has an entertainment focus with its cinema, Punch Bowl Social, and restaurants. Central Park Commons Central Park Commons is a 434,000 square toot open air shopping center located in Eagan. The center opened in October 2016, and is in the final stages of leasing. Anchor tenants include Hy- Vee, Total Wine & More, Marshalls, DSW, Petco, Home Goods, Sierra Trading Post, Ulta Beauty, and Hobby Lobby. Seven of the 11 shopping goods stores are anchor tenants. Food service is represented by two full-service restaurants and five limited -service restaurants, all recent entries to the Twin Cities market. Services include one personal care establishment and two personal services. At this time, Central Park Commons has six vacant stores or pad sites totaling about 31,000 square feet. Planning Commission Preliminary Plat and Planned Unit Development – Planning Case 2017-10 June 6, 2017 Page 16 of 59 City Place is a mixed use deveiopment on the former State Farm Insurance office building site. The retail component is an open air shopping center with 170,000 square feet and is part of a mixed use development located between Tamarack Village and Woodbury Lakes shopping centers in Woodbury. City Place has 17 retail store and six services. Anchor stores include Whole Foods, Nordstrom Rack, La -Z -Boy, and Sierra Trading Post. Eight shopping goods stores represent about one-third of the tenants, complemented by eight food service establishments. City Place is completing its initial lease up and has about 50,000 square feet of available space in three small stores and a larger box store. Other uses include office, medical office, andhotel. Summary "The lifestyle centers range in size from 170,000 square feet to 434,000 square feet. Excluding City Place, the range is much smaller -318,853 square feet to 434,000 square feet. All of the shopping centers, except Galleria, have a grocery store component and Shoppes at Arbor Lakes has two. All shopping centers, except Woodbury Lakes, have seven or more food service establishments. Three shopping centers have more than 40 shopping goods stores. The Shops at West End has a higher entertainment focus; and Central Park Commons and City Place have a higher concentration of mid box anchor stores. None of the lifestyle shopping centers are anchored by a department store. Instead, they are anchored by mid box retailers that have a narrower merchandise focus and more flexible method of operation." Developers District Master Plan LOW Offle" aG DiSMOT VkL UE RETAIL U1STW" MUL7 -FAMILY H0IISIlN9 OlSiH1CT RETAIL & 90SMALITY DISTRIM Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 17 of 59 The development Master Plan identities five distinct sub districts within Avienda. Each of these sub -districts (outlined on the plan) is defined by specific site development patterns and perhaps a distinctive character or image. The sub -districts complement one another as part of the overall plan. The sub districts are shown the Sub -district Map. They include: Sub -District 1 - Workplace — provides a location for uses with high concentrations of employees, such as medical/technology related office, and other corporate or institutional uses Sub -District 2 - The Village — provides the broadest variety, highest density and greatest intensity of development, encouraging both vertical and horizontal mixed use { Sub -District 3 - Commercial — provides a location for larger scale retail and other auto -oriented commercial uses Sub -District 4 - Multi -Family — provides opportunities for high density senior or rental apartments, and Condominiums Sub -District 5 - Low Density Residential — provides opportunities for small lot homes Planning Department Comments When the city was considering the land use change on the site in 2006-07, there was much discussion about this area having uses different from the downtown. The downtown area is intended to be the uses that meet the daily needs of residents, and the regional mall site was envisioned to be those uses that would be more of a comparison shopping that would serve a regional market including: Goods and Services Examples • Entertainment • Department Store • Comparison Shopping • Specialty Retail/Boutique • Restaurants • Hotels • Residential Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June b, 2017 Page 18 0£ 59 The intent of this district: • The use of planned unit developments for regional/lifestyle center commercial purposes should result in a reasonable and verifiable exchange between the city and the developer. This district is intended to provide for the development of regional and community scale integrated retail, office, business services, personal services and services to the traveling public near freeway interchanges. • The regional/lifestyle center commercial district is a mixed commercial district with retail and entertainment uses of a scale and function that serves a regional market. Uses within this district should complement existing retail users in the other commercial districts. The challenge is creating the uses to cam liment the downtown and meeting the cit goals for the intent of the district and the changes in the retail market. The applicant had suggested the following uses for the districts. Staff's comments are shown with either a strike through or in bold. Permitted Uses The permitted uses in Avienda Village are all uses that would be part of a vibrant lifestyle center and as anticipated in the Comprehensive Plan. The following categories of uses were anticipated in the Comprehensive Plan and the listed uses should be permitted to ensure the success of the lifestyle center: Entertainment: a. Arcades and similar uses, accessory to permitted uses b. Art Galleries c. Bowling alleys d. Dance, art, music, and similar professional studios e. Movie theaters 2. Retail sales establishments: a. Clothing and apparel stores, including shoes, jewelry, accessories, etc. b. Drug stores and pharmacies. c. Flower shops without green houses. d. Furniture and home furnishings. e. Home and furniture stores, including furniture store, home improvement center, electronic store, appliance store, and similar establishments (only 1 use of this type at a maximum of 50,000 square feet feet) f. Office supply stores selling items such as electronics, computers and software, musical instruments and office supplies at retail. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 19 of 59 g. General merchandise stores that carry an assortment of merchandise from all the other categories. Such establishments may include but are not limited to department store, discount store, and similar establishments. (Limited to 18,000 square feet for any single user) h. Miscellaneous retail stores for items such as antiques, articles on consignment, beauty supply, sporting goods and bicycles, books (except adult book stores), stationery, jewelry, art, hobbies, crafts, toys, and games, cameras and photographic supplies, gifts, novelties, and souvenirs, pets and pet supplies, luggage and leather goods, sewing, needlework, catalog and mail-order, and news dealers. i. Supermarkets and other food and grocery stores such as butcher shops and fish markets, fruit and vegetable markets, dairy products stores, candy, nut, and confectionery stores and retail bakeries. (limited to only 1 Supermarket not to exceed 98,000 square feet) j. Cigar stores as a principle use. Tobacco products and accessories only when accessory to a principal use. k. Stores selling interior decorating supplies, such as paint, light fixtures and decor. (Limited to 18,000 square feet for any single user) 3. Hospitality and food service establishments including: a. Bars and Taverns i. Cafes, delicatessens, food catering establishments. ii. Coffee shops and cafes. iii. Patio/al fresco dining facilities. Accessory to a principal use. iv. Restaurants. 4. Hotels (only 1 permitted in the development in the retail hospitality district) 5. Services i. Barber and beauty salons and spas including hair, nail, tanning, skin and scalp services. ii. C omnuter services iii. Day care center, childcare centers, preschools and Montessori school (Only one permitted in the development 16,000 square feet) iv. Dry cleaning, Laundry and garment services v. Farmers markets. vi. Finance, insurance and real estate. vii. Financial institutions. viii. Health and recreation clubs, instructions and services. ix. Health services. x. Legal services. xi. Offices of doctors, dentists, optometrists, lawyers, accountants, realtors, accountants, attorneys, architects, engineers, business or financial consultants or other professionals, and corporate, executive, Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 20 of 59 administrative, or sales offices including incidental sales of medical or dental aids. xii. Optical goods. xiii. Photographic studios. xiv. Print and Copy shops. xv. Shoe repair shops and shoeshine parlors. xvi. Tattoo and body art and piercing services (MS ch. 146B), when accessory to a permitted use. xvii. Travel agency. 6. Housing Residential development in a regional/lifestyle center commercial PUD may only occur in conjunction with a commercial or office development and may not encompass more than 20 percent of the proposed development. The residential component of a development may be constructed concurrent or after construction of the commercial or office component, but may not proceed such commercial or office development. The phasing of the residential component shall be reviewed and approved as part of the development plan. (PUD allow up to 30% residential this would allow 550 dlu at 16 units/acre) a. Multiple -family dwellings. b. Senior citizen housing independent living. c. Senior- eitizim housing, 4w4uded assisted hNing, skilled ffwsing and memefy eex-e.* *Carver County CDA Housing Study Maxfield Research 2014 states between 2014 to 2040 the demand for service enriched units in Chanhassen is 316 units. Since 2014 the city has approved 210 service enriched units. The city has other zoning locations in the city that permits this type of housing. d. Single family homes. (Density of 3-6 units an acre on Lots land 2 of Block 2 low Density Housing District) e. Townhomes, including detached townhomes and twin homes. 7. Other uses: a. Retail businesses or service establishments that generally provide commodities or services and that are judged by the Planning Director (1) to be similar in character and operation to the permitted uses described above; (2) to be closely complementary and to enhance the permitted uses; and (3) to be compatible with the intent and purposes of the Avienda Village Regional Lifestyle Center PUD. b. Drive-through accessory to a permitted use. (A maximum of four shall be permitted in Avienda. Two drive through associated with the supermarket and two other drive through only in the hospitality district.) Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 21 of 59 8. Prohibited Uses a. Auto related: including gas stations, tires repair etc. b. Truck, motorcycle boats, etc. sales. c. Club warehouse including wholesale. See attached Exhibit A for PUD Design Standards PRELIMINARY PLAT Avienda encompasses 115.00 acres. It includes 18 buildable lots and 3 outlots. The area and proposed use are shown in the table below. PROJECT UNDERSTANDING ICI 4' "XI • -.— rye H., �ii''.!r0�.� PROJECT UNDERSTANDING The applicant is proposing a regional lifestyle center that includes residential, commercial, hotel and office uses on a 118 acre parcel of land. As part of the development, the applicant is requesting that the zoning be changed to PUD. The land is currently in agricultural production, zoned A-2. ICI "XI • -.— rye H., �ii''.!r0�.� ��ula2 ra The applicant is proposing a regional lifestyle center that includes residential, commercial, hotel and office uses on a 118 acre parcel of land. As part of the development, the applicant is requesting that the zoning be changed to PUD. The land is currently in agricultural production, zoned A-2. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 22 of 59 The assumptions for the PUD was for 20 percent housing. This would limit housing units to 370 units assuming based on 16 units an acre. The plan as proposed has 513 units. The PUD would have to permit a higher percentage of residential units. The intent of this district to have a mixed use development. If the percent of housing was increased to 25 percent that would permit 460 dwelling units. If the percent was increased to 30 percent the number of dwelling units could be up to 552. Staff could support increasing the percentage up to 30. 'BuMing .FAR/Den Density i Area (sq. sity (as idwelling 'otBlock Area (s.q ..ft -Acres width )JDepthSk-)Se.ct9r Tr.oposcdUse Jl)r11YPoseq),Unit-S 1 55,198 1.271 275" 195; 3'Resta=nt 6,0001. ,2,1 415,986 9155! 233 669; 3, Retail 98,000 u4o 3, 63,379 1.45s 272g. 171 3;Retafl 8,000 0.13, '4, 1 339,304 s 7.79i 222( 6461 3 Retail 86,000 0.251 j 2.27' 293 339, 3 Hotel 39,000 0.39' 144,395 3.31 ` 401i 398i 4MWti-Fan* 0.00: 225^ 17,1 159,370 3.66i— 5501 2741.-.- 5Mufti-Family 0.00 r1, 2 115,073 2.641 311 3621 5'Residential 0.00. 1, 3 a 229,496 5.27i 312', 5821 5iResidential 0.00- 381 12 3 231,793.: 5.32i 2531 760 1'Office 50,000 0.22 4 71,336 1.641 251 273' 1 �Pay 16,000 0.22'i 17,5,146 4.021, 453 3721 1': Office 50,000 0.291 3,4 191,4014.39 1831 4051 1Mofficc 50,000 0.26: 63,578 1.46f 173 366; 2i Restaurant 8,000 0.13 15,4 33 1.51! 170: 386! 541kesiau�tiit 0.121_ 16, 4 97,950 2.25i 1661 434; 2:iRestaurant I 8,000 0.081 5 861,805 • 19.781 295, 11981 21Retajl&RestaUrantj_ 151,000 & Residential 5 1§2 jL2 6.031 3381 4M lRetail 2 & Pkg Ranip QQ0. -O.W 256 iROw L 503,911 11.57! !Oudot A 745,656 17.12 11 bluff creek woods j Ouaot B 72,271 1.66 L jdrainar & utility casement FChltlot 617,892 L56 _,wetiand Totals ' 5,032,000 1 115.52 1Maxunum1 5,032,000 115.52I 1 -- AM80 3704 — 513j For maximums assume 80% of site commercial with a F.A.R. of 0.3 and 20% of site residential with a density of 16 units per acre. The assumptions for the PUD was for 20 percent housing. This would limit housing units to 370 units assuming based on 16 units an acre. The plan as proposed has 513 units. The PUD would have to permit a higher percentage of residential units. The intent of this district to have a mixed use development. If the percent of housing was increased to 25 percent that would permit 460 dwelling units. If the percent was increased to 30 percent the number of dwelling units could be up to 552. Staff could support increasing the percentage up to 30. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 23 of 59 TRAFFIC STUDY The northbound leg of the intersection at Powers Blvd. and Bluff Creek Blvd has two left turn lanes to go westbound on Bluff Creek Blvd., however one of these legs is currently striped with yellow lines. The developer will need to work with Carver County to remove the yellow lines so both turn lanes can be used. The AUAR traffic study noted the use of both the left turn lanes. The traffic study completed with the AUAR Update indicated that the following intersections will meet signal warrants with the development: Lyman Blvd & Audubon Road N, Lyman Blvd & Sunset Trail, and Powers Blvd & Pioneer Trail. The developer shall work with Carver County on the installation of these signals. The developer shall fund the installation of these signals per Carver County's cost share policy. STREETS The proposed street plan is consistent with the AUAR Update. Bluff Creek Boulevard connects to the intersection with Powers Boulevard (CR 17) and the TH 212 ramp. The connection to Sunset Trail is made to the north, and the connection to The Preserve at Bluff Creek development is made by extending Mills Drive. These connections are tied together by the proposed ring road, Avienda Parkway. The applicant shall show the road profiles and a horizontal alignment table in the plan set for all public roads prior to final plat. The plans for public streets shall be deigned to Municipal Mate Aid Standards and approved by the Minnesota Department of Transportation. The public roads constructed with this development are: Bluff Creek Boulevard, Avienda Parkway, Sunset Trail and Mills Drive. All other roads and drives constructed with this development will be privately owned and maintained. All public streets are proposed to havc a speed limit of 30 mph. As large, landscaped boulevards are proposed, the applicant shall add a note to the typical sections to identify a corridor for installation of private utilities such as buried power, communication, gas, etc. Bluff Creek Boulevard: The extension of Bluff Creek Boulevard is proposed to have a similar cross section to the existing segment it connects to: one lane each direction with a treed median. The thru lane width varies between 12- and 16 feet with turn lanes at intersections. Roundabouts will be constructed at both intersections with Avienda Parkway to promote traffic calming while carrying the anticipated volumes of traffic. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 24 of 59 The extension of Bluff Creek Boulevard will be a minor collector, per the 2030 Comprehensive Plan. The city will also designate this portion of Bluff Creek Boulevard as a Municipal State Aid (MSA) Road, as the current roadway is an MSA route. The applicant proposes an Ultimate Plan for the Bluff Creek intersection with Powers Boulevard that includes two-lane entry into the roundabout. The plat and PUD will need to be revised to change the single lane entrance of Bluff Creek Blvd from Powers Blvd (CSAH 17) to Avienda Parkway to two lanes wide. This was noted with the AUAR comments and is a specific area of concern, that the Bluff Creek Drive road extension from Powers Blvd be designed for 2 -lanes inbound through and around the proposed internal roundabout, such that adequate throughput is achieved at the critical Powers Blvd 1 TH 212 intersection. This 2 -lane condition is needed as well to match the already built and committed intersection layout that stubbed in the future entrance to Bluff Creek Blvd. This 2 -lane inbound for Bluff Creek Blvd is also consistent with the AUAR's notation for dual northbound left turns on Powers Blvd at TH 212. Avienda Parkwav: Avienda Parkway is proposed to be a 36 -foot wide roadway with a two-way left -turn lane. Staff recommends the applicant look at adding traffic calming measures to Avienda Parkway at Lot 1, Block 2 & 3 and Lots 4-6, Block 4. Specifically, the applicant shall look to incorporate pedestrian -friendly crossing features to the intersections at Mills Drive and the western leg of Avienda Parkway, and where private drives intersect the east leg of Avienda Parkway. Mills Drive: The applicant shall revise the width of Mills llrive to correspond with the existing Mills Drive section in The Preserve at Bluff Creek. The applicant shall align the intersection of Mills Drive and the access to the apartment building with the parking ramp to form an intersection rather than offset as the current plan shows. The extension of Mills Drive is required to provide a secondary access to The Preserve at Bluff Creek development, which currently is an approximately 2000 -foot long cul-de-sac that currently has a temporary emergency access onto Lyman Boulevard. The developer of The Preserve at Bluff Creek 6th Addition will remove the temporary emergency access onto Lyman Boulevard once the Mills Drive connection is constructed. Planning Commission Preliminary Plat and Planned Unit Development - Planning Case 2017-10 June 6, 2017 Page 25 of 59 Sunset Trail: Sunset Trail is a 44-foot wide roadway that consists of two 15-foot turn lanes and a 14-foot thru lane. This road is the northern access to the site off Lyman Boulevard. Sunset Trail will become a private roadway from Avienda Parkway to Bluff Creek Boulevard as it winds through the center of the development. When Lot 1, Block 5 and/or Lot 2, Block 5 apply for site plan approval, this private road shall be constructed. the Camden Ridge d"epinei34 te the south flieuo a heaVily tFeed -AV--RR- *44- steep slopes. Staff has reconsidered the constructing the emergency fire lane connection and is recommending against building with in the Bluff Creek Overlay District. See ARTICLE XXXI. - BLUFF CREED OVERLAY DISTRICT for more detail. STREET LIGHTING The applicant has not submitted a street lighting plan at this time. The project shall include street lighting per city code. Decorative street lights are permissible with a maintenance agreement. SIDEWALKS AND TRAILS The applicant proposes 10 -foot bituminous trail on both sides of Bluff Creek Boulevard, on the outside of Avienda Parkway and the west side of Sunset Trail. The applicant proposes 5 -foot concrete sidewalk on Mills Drive and the inside of Avienda Parkway. ADA -compliant pedestrian ramps shall be constructed at all intersections and median refuges per the MnDOT standard details. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 26 of 59 RETAINING WALLS Several retaining walls are proposed around perimeter locations of this development. ------------ r7fi-A-T 77 77M + ' Wall all F ...�- _- Retaining Wall A runs between the parking lot of Lot 2, Block 3 and the west side of Sunset Trail. This wall is approximately 310 feet long and 19.5 feet tall. Retaining Wall B runs along the northern property linc parallel to Lyman Boulevard between the Powers intersection and the Sunset Trail intersection. This wall is approximately 980 feet long and 15.3 feet tall. LOT i Wall D is at the southeastern edge of the property and wraps around Wetland 4. This wall is approximately 1700 feet long and a maximum height of 20.8 feet tall. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 27 of 59 Staff recommends the applicant work with residents of The Preserve at Bluff Creek to remove the retaining wall along the shared property line and replace with a graded berm. A fence or other barrier is required at any location where a wall is greater than 6 feet tall and within 10 feet of a public right of way. The wall along the southern portion of the site shall be architectural compatible. The following wall materials are prohibited: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties, or timber. Boulder walls are prohibited if the maximum height is greater than 6 feet. All retaining walls shall be owned and maintained by a property -owners association. SANITARY SEWER MAIN The plans show two separate sanitary systems to service this development. The twin homes proposed for Lot 1, Block 2 and Lot 1, Block 3 will be serviced from a stub constructed near the northeast comer of the site as part of The Preserve at Bluff Creek development. The twin homes shall tie-in to 8 inch PVC sanitary main proposed under Mills Drive and Avienda Parkway West. The sanitary stub from MH 25 shall be no larger than the 8 inch downstream pipe and the slope shall be adjusted accordingly. Service stubs shall be provided for the six twin home units proposed on Mills Drive. The rest of the development will be serviced by sanitary sewer that will extend from the stub under existing Bluff Creek Boulevard. The sanitary main will be constructed under Bluff Creek Boulevard, Avienda Parkway and Sunset Trail and will vary from 8 inch to 12 inch diameter. An 8 inch stub will be constructed to Sunset Trail and Lyman Boulevard for future extension to service the existing parcels on Sunset Trail north of Lyman Boulevard. Sanitary structures along Bluff Creek Boulevard shall be moved out of the landscaped median and into the center of east bound travel lane for future maintenance access considerations. All sanitary sewer main constructed within the right-of-way in this project shall be publically owned and maintained. Private sanitary main must be constructed to meet the city's requirements for public utilities. The plan shall use 2017 Chanhassen standard detail plates, which are available on the city's website. The proposed design grades for sanitary pipe are set at the minimum slopes per the 10 -State Standard for design. However, setting the design grade to this minimum is not advisable. The plan must have a design grade that the developer and engineer are confident that the construction process will achieve the minimum. If the grade is flatter than the 10 -State Standard at the time Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 28 of 59 utility acceptance is requested, the city will require the sanitary sewer be excavated and reconstructed to meet the grade requirement. Staff recommends use of design grade 0.10% above the required minimum. WATER MAIN Water main for is development is proposed to connect from a 12" stub under the existing Bluff Creek Boulevard. The 12" water main will be constructed under Bluff Creek Boulevard and Avienda Parkway. An 8" connection from the eastern roundabout is proposed to loop the system to Powers Boulevard. A second, 12" connection is proposed 570 feet north of Powers Boulevard. Staff is recommends that this connection be removed and a connection through the parking lot of Lot 3, Block 4 to the water main under Lyman Boulevard be installed. The applicant shall grant a drainage and utility easement for this publically owned and maintained connection. An 8" connection is proposed on Mills Drive to the water main stub constructed with The Preserve at Bluff Creek. Service stubs shall be provided for the six twin home units proposed on Mills Drive. The applicant shows a water main connection through the wooded Outlot A to connect to the Camden Ridge development. The Camden Ridge development has not had reported issues with water circulation. Because of this and due to the economic considerations of the city installing a pressure reducing valve and future maintenance of the line, staff no longer requires the applicant to make this connection. Additional water main stubs will be provided at the accesses for Lot 1, Block 4 and Lot 1, Block 5. All water main constructed within the right-of-way in this project shall be publically owned and maintained. Private sanitary and water main must be constructed to meet the city's requirements for public utilities. The plan shall use 2017 Chanhassen standard detail plates, which are available on the city's website. STORM WATER This document summarizes the review of stormwater management and associated considerations for the Avienda Development project in the City of Chanhassen. The primary documents reviewed were a 17 -page plan set titled "Avienda", dated 4-14-17, and a Draft Stormwater Narrative dated 4-14-17. Table 1 summarizes the existing and proposed impervious coverage on the project site from the information provided in the Draft Stormwater Narrative. The applicant must provide the total disturbed area of the proposed development. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 29 of 59 Table 1- Existing and Proposed Impervious Coverage Summary of Stormwater Management Review: • Volume Control - The proposed project does not meet requirements. • Rate Control - The proposed project does not meet requirements. • Water Quality- It cannot be determined if the project will meet the requirements with the information provided. Storm water Requirements This project includes construction of 76.29 acres of new impervious surface that will be placed on what is currently pervious surface. Since this project increases the imperviousness of the entire project site by more than 50 percent, and proposes a net increase of impervious surface by more than one acre, permanent stormwater management controls for Volume, Rate, and Water Quality is required per the Riley Purgatory Bluff Creek Watershed District (RPBCWD) rules. Volume Control Per RPBCWD, the volume reduction requirement is an event -based abstraction equal to the instantaneous volume of 1.1 -inch depth of runoff (DVR) over the net new impervious surface. The souls on site are primarily of hydrologic soil group D, based on provided Web Soil Survey information. To provide volume reduction, the project proposes to incorporate a stormwater reuse irrigation system. The applicant must provide a figure clearly identifying the areas to be irrigated with areas quantified, which is not included in the current plans. A volume reduction requirement of 0.55 -inch may be considered if the site is deemed restricted by the RPBCWD. Please note that this 0.55 -inch consideration requires thorough and extensive documentation of site restriction, including soil borings and other information as requested. The RPBCWD rarely grants the restricted site consideration without extensive documentation that the site has been designed with the minimum impervious surface coverage and that the irrigation areas and reuse systems have been designed to provide the maximum benefit possible. Increase in Total Site Impervious Area (ac] im perviousness Disturbance [ac] :ad Existing Conditions - 0.40 0% Pfopos ed Conditions >100 not mvide 76-69 "50°A; 76.29 Summary of Stormwater Management Review: • Volume Control - The proposed project does not meet requirements. • Rate Control - The proposed project does not meet requirements. • Water Quality- It cannot be determined if the project will meet the requirements with the information provided. Storm water Requirements This project includes construction of 76.29 acres of new impervious surface that will be placed on what is currently pervious surface. Since this project increases the imperviousness of the entire project site by more than 50 percent, and proposes a net increase of impervious surface by more than one acre, permanent stormwater management controls for Volume, Rate, and Water Quality is required per the Riley Purgatory Bluff Creek Watershed District (RPBCWD) rules. Volume Control Per RPBCWD, the volume reduction requirement is an event -based abstraction equal to the instantaneous volume of 1.1 -inch depth of runoff (DVR) over the net new impervious surface. The souls on site are primarily of hydrologic soil group D, based on provided Web Soil Survey information. To provide volume reduction, the project proposes to incorporate a stormwater reuse irrigation system. The applicant must provide a figure clearly identifying the areas to be irrigated with areas quantified, which is not included in the current plans. A volume reduction requirement of 0.55 -inch may be considered if the site is deemed restricted by the RPBCWD. Please note that this 0.55 -inch consideration requires thorough and extensive documentation of site restriction, including soil borings and other information as requested. The RPBCWD rarely grants the restricted site consideration without extensive documentation that the site has been designed with the minimum impervious surface coverage and that the irrigation areas and reuse systems have been designed to provide the maximum benefit possible. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 30 of 59 If the 0.55 -inch volume reduction is not achievable on site, then it is even less frequent that RPBCWD grants the "maximum extent practicable" requirement for volume reduction. It is recommended that the applicant be prepared to demonstrate that alternative layouts have been considered for reducing impervious and increasing irrigation, in addition to incorporation of alternate BMPs such as pervious pavers or asphalt. Calculation of the volume reduction requirement value (VvR) is shown below. Y 1.1 in *- * 76.29 ac - 4,560 f t = 304, 626 f t3 v 12 in 1 ac MIDS provides that a harvest/reuse system earns a volume reduction credit equal to the amount of water that is irrigated over the course of three days. The proposed reuse system will irrigate 23.27 acres of green space at an application rate of one inch per week. The calculation of the volume reduction credit (Virr) earned by this system is shown below. 43,5 60 f tx 1 to l ft 1 weedy � Y ,. = 23.27 ac 1 a * 1' week * Z ire * 7 days * 3 days= 36. Z01 f t The volume reduction provided by the proposed irrigation system wilt capture the first 0.13 -inch (volume reduction depth, DvR) of runoff from the tributary impervious surfaces. 36x201 t3 1 ac 12 in D — *—*= 0.13 in 76.29 ac 43,560 f t2 1 ft The proposed reuse system does not provide sufficient volume reduction per RPBCWD rules. It is recommended that the irrigation system is revised to provide further volume reduction. Increasing the irrigation rate to 1.5 inches per week (as approved by RPBCWD) and expanding the irrigation areas are two ways to increase volume reduction. The stormwater management for this site does not satisfy the volume reduction requirements. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 31 of 59 Rate Control RPBCWD rules require that peak rates are limited to existing conditions for the 24-hour, 2-, 10-, and 100 -year critical rain events and the 100 -year, 10 -day snowmelt event at all places where runoff discharges from the site. The provided stormwater management report demonstrates that rate control is met for all points discharging from the site, with the exception of the 100 -year, 10- day snowmelt event for Wetland 3. This will need to be revised to be in compliance with RPBCWD requirements. The stormwater management for this site does not satisfy rate control requirements. Water Quality RPBCWD rules require that at least 60% of total phosphorus and 90% of total suspended solids are removed from site runoff. The applicant has submitted a MIDS calculator output containing the proposed treatment train on site. This treatment train includes two reuse cisterns, one sand filter, and five constructed Level 3 stormwater ponds. Based on the provided modeling, the stormwater ponds provide the greatest water quality benefits among the treatment train components. The applicant must provide documentation that each of these ponds meets the Level 1, 2, and 3 criteria per the Minnesota Stormwater Manual to ensure that they will produce the calculated water quality benefits. We have not been provided sufficient documentation that water quality requirements can be met with the current stormwater management plan. Wetland Discharge Considerations The project site discharges to three critical wetlands: MnDOT Mitigation Area East (nodes 1 R and 10R, pre- and post -project, respectively, in the submitted HydroCAD model), MnDOT Mitigation Area South (nodes 5R and 40R), Wetland 3 (nodes 6P and 33P), and Wetland 4 (nodes 8P and 44P). The models and stormwater report demonstrate that, except for Wetland 3 indicated above, rate control requirements are fulfilled and there is not expected to be any detrimental impacts from increased rates to these wetlands. The proposed project will increase annual runoff volumes to each of these wetlands. The applicant must provide the annual runoff volumes to each wetland for the pre- and post - project conditions. This information will be used to determine if the increased volume will have detrimental effects on these wetlands. The applicant must provide further information on the bounce and inundation periods for each of the identified critical wetlands. The bounce and inundation changes caused by the project must be in compliance with WCA requirements. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 32 of 59 Most of the storm water run-off from the public streets is directed to the underground storm water cells. The city is not planning on participating in the future maintenance of storage and reuse systems. Staff recommends the developer look at other alternative storm sewer designs so the runoff from public streets does not drain to the private underground storm water reuse systems. ASSESSMENTS The twin home units must pay a water and sanitary service partial hook-up fee when Lot 1, Block 2 and Lot 1, Block 3 are replatted at the rate in place at that time. The remaining hook-up fees would be paid with the building permits. The developer shall work with the Building Department to determine the city SAC and WAC fees for commercial and multi -family buildings. The hook-up fees for commercial and multi- family buildings are due with the building permit at the rate in place at that time. The developer shall pay this site's portion of the 2005 AUAR costs- which is $25,836.70 with the final plat. Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final plat. The fee will be based on the commercial rate of $3,600 per acre and a residential rate of 2,400 per acres. WETLAND ALTERATION PERMIT New Information Level 7 Development, LLC, has applied for a Wetland Conservation Act (WCA) permit to the City of Chanhassen as the Local Government Unit (LGU) for the WCA. The developer is proposing to impact 4.4659 acres of WCA regulated wetland. WSB has been reviewing the permit application on behalf of the City since February 2017. Background Information • Applicant submitted application February 15, 2017 with preliminary stormwater model information on February 21, 2017. • City determined application was incomplete on March 10, 2017. This determination was reviewed with the applicant on March 9, 2017. • Applicant submitted revisions on March 14, 2017. • City determined the application was complete on March 17, 2017. A Wetland Conservation Act Notice of Application was sent out the Technical Evaluation Panel on March 17, 2017. Planning Uommission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 33 of 59 • The project proposes to impact the following wetlands: Wetland Number Wetland Type Wetland Acreage Impact Acreage (fill and excavate Fill or Excavate Wetland Management Class Wetland 1 1,3 1.001 1.001 F Manage 2 Wetland 112 1,2 0.1860 0.1860 F Manage 2 Wetland 2 1, 2, 5 2.2569 2.2569 F Manage 2 Wetland 3 1 0.6696 0 NA Manage 2 Wetland 4 1 0.1253 0.1253 F Manage 2 Wetland 5 1 0.3483 0.3483 F Manage 3 Wetland 6 1 0.2514 0.2514 E (for and Manage 2 Wetland 7 1 0.0150 0.0150 F Mana e 3 Wetland 8 1 0.0844 0.0844 F Manage 3 Wetland 9 1 0.0985 0.0985 E (for and Manage 3 Wetland 10 1 0.0740 0 NA Preserve TOTAL 5.2095 4.4659 • While the application was technically complete, there is more information that would be needed to determine if the project meets the requirements of the Wetland Conservation Act. The additional analysis that is still needed includes the following: o Evaluation of the project's effect on the wetlands remaining onsite as well as the impact on surrounding wetlands. Currently, the information supplied does not provide sufficient evidence that secondary hydrology impacts would not occur to onsite Wetland 3 and to the downstream wetland migration areas (see WSB memo dated May 1, 2017). o Supporting documentation that avoidance and minimization has been met per the WCA. For example, a market study has been provided, but this does not provide the needed justification for this type of project and subsequent wetland impacts. The market study only provides information about other lifestyle centers in the metropolitan area. o Evaluation that the lost wetland functions and values are adequately replaced. The applicant is currently proposing wetland mitigation through the purchase of wetland credits within banks location in Blue Earth, Stevens, and Rice Counties. Evaluation of whether this adequately mitigates wetland functions, such as lost water quality and stormwater storage functions, within the city's subwatershed Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 34 of 59 has not been completed as the information about secondary impacts has not yet been provided and a determination of the project's overall stormwater management system needs to be included in the review. o The land development plan submitted to the City after the wetland permit application was submitted has discrepancies in the wetland impacts. The application shows wetland impacts to Wetland 4, but their land development plan does not show this impact. Additionally, the correct size and impact to Wetland 1 needs to be clarified. Clarification on the actual wetland impact plan is needed within the WCA Permit process. • The US Corps of Engineers requested and held a meeting with the applicant. The city was also in attendance at the April 6, 2017 meeting. The US Corps of Engineers indicated there was additional information that was required to be submitted before they could determine if a permit could be issued. • Since the US Corps of Engineers required similar information as to what the WCA process is needing, the 60 -day decision timeline was extended. The current 60 -day decision timeline ends July 12. A TEP meeting has not yet been held to review the project. A TEP meeting is needed to review the application in conformance with the WCA. Wetland Functions and Mitigation If the project meets the WCA sequencing and shows that the wetland impacts need to occur for the project (i.e. if the project meets wetland avoidance and minimization requirements), the rest of the WCA review for this project is dependent on wetland replacement. The WCA requires that wetland replacement must replace the public value of wetlands lost because of an impact. The public value of wetlands is generally based on the functions of wetlands including: water quality, flood water attenuation, public recreation and education, and fish/wildlife/plant habitats. The WCA uses the Minnesota Routine Assessment Method (MnRAM) to determine functions and values. The City completed a citywide MnRAM in 2006. The applicant has completed MnRAM as part of the application process. For the onsite wetlands that were previously evaluated by the City, the applicant's MnRAM has either the same result or a slightly higher quality results for the wetlands. The table above shows the wetland management categories from the application. The standard categories that the city uses, which are in conformance with state guidance, is as follows: • Preserve: These are the highest quality wetlands and have high quality habitat and native vegetative diversity. • Manage 1: These are a lower quality than Preserve, but still show high habitat quality and Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 35 of 59 plant diversity. • Manage 2: These wetlands have been impacted by stormwater, invasive species, or other impacts and are lower quality than Manage 1. They likely still provide some habitat and may have some native plant species. • Manage 3: These wetlands have been impacted the most and may provide a stormwater treatment function and have minimal native plants. These are the lowest quality wetlands. The wetlands proposed to be impacted by the project are either Manage 2 or Manage 3 wetlands. Some have historically been excavated. These wetlands do not contain a diversity of native plants. They do provide stormwater and floodplain treatment for downstream wetlands as they are at the headwaters of the Bluff Creek and Lake Susan watersheds. Downstream waters are impaired for water quality. Wetland mitigation that replaces wetland functions and values at a minimum of a 2:1 ratio is required and can be met in a variety of ways: Onsite mitigation: New wetlands are created or restored within a project area. This could address replacing functions and values in the same area, but the current layout does not provide opportunity for a reasonable creation or restoration project. Also, creating new wetlands takes time and there are many factors to consider for its success. • Replacement in the same subwatershed: New wetlands are created or restored within the same minor or major subwatershed as the project. This would allow wetland functions and values to be replaced within the subwatershed where the project is located and the project layout would not have to be altered to fit mitigation on site. However, a suitable site would need to be located. • Purchase of wetland credits from a wetland bank: There are several wetland banks in the state and applicants can purchase credit from these already created wetland areas. It is preferred in the WCA rules that a bank within the same bank service area be chosen to purchase credit for a project. • Some combination of these mitigation options: An eligible project can also use a combination of these mitigation options. As stated, if the project is determined to have met the avoidance and minimization criteria for the wetland impact, wetland mitigation for the lost functions and values would be required at a minimum of a 2:1 ratio. Currently, the applicant is proposing mitigation through the purchase of credit from three wetland banks in Blue Earth, Stevens, and Rice Counties. These banks are in the same bank service area, and only one is in the same major watershed area. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 36 of 59 Recommendations and Next Steps • The applicant needs to supply the needed additional intbrmation to the city. The additional information is needed to determine if the project meets the WCA requirements. • A Technical Evaluation Panel meeting is needed to review the application. • If the application is deemed to meet the avoidance and minimization criteria of the WCA, a mitigation plan that adequately replaces wetland functions and values is needed. • City Staff has reviewed mitigation options. City Staff recommends the applicant provide wetland mitigation via the purchase of wetland bank credits, at a ratio of 2:1, in accordance with WCA requirements. • In addition to the wetland bank credits, City staff recommends that a condition of approval will include the applicant provide a site-specific water quality improvement project within the watershed to mitigate water quality impacts locally, as the site is located up -stream of impaired waters. This site-specific mitigation may occur either onsite, or at an agreed feasible location within the local watershed. Details will be coordinated with the applicant. NPDES MS4 Permit Chanhassen is permitted to discharge stormwater under the General Permit Authorization to Discharge Stormwater Associated with Small Municipal Storm Sewer Systems under the National Pollution Discharge Elimination System/State Disposal System Program (MS4) issued August 1, 2013. The MS4 permit requires Chanhassen, as a permittee, to develop a post - construction stormwater management program. This program must give the highest preference to "C—teen Infrastructure" practices such as conservation design, infiltration and reuse. New development must result in no net increase from pre -project conditions of stormwater volume, stormwater discharge of total suspended solids and total phosphorus. Rila PuMatory Bluff Creek Watershed District Rule J Rule J requires that the 1.1 inches of runoff from impervious surface of a parcel must be abstracted on-site. In addition, the stormwater management must achieve 60% removal of total phosphorus and 90% removal of TSS on an annual basis. These removals are consistent with the National Urban Runoff Program (NURP) recommendations and the volume is consistent with the NPDES permit requirements. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 37 of 59 ARTICLE XXXI. - BLUFF CREEK OVERLAY DISTRICT CONDITIONAL USE PERMIT The City of Chanhassen established the Bluff Creek Overlay District, BCO, by ordinance in 1998 to protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of careful site design and other low -impact practices. This parcel is partially encumbered by the Bluff Creek Overlay District. A conditional use permit shall be issued by the city for all subdivisions, site plans, and prior the erection or alteration of any building or land within the BCO. Bluff Creek is entirely within the City of Chanhassen. It provides a unique Bluff Creek Primary Zone blend of habitat, vegetation and recreational opportunities through the center of the city. The corridor encompasses all of the land which drains to Bluff Creek. In December 1996, the City of Chanhassen adopted the Bluff Creek Watershed Natural Resources Management Plan (BCWNRMP). The plan was the culmination of several years of study and planning focused on protecting the natural and recreational resources provided by the Bluff Creek corridor. The BCWNR.MP recommended the establishment of a primary zone (the creek, riparian wetlands, associated steep slopes, native vegetation) and a secondary zone (other undeveloped portions of the watershed) as a tool to help protect the creek's natural resources. The primary and secondary zones were mapped at that time using aerial photography to provide staff and the public with a general idea of where the zones would lie. The intent was to protect a natural corridor from the source to the convergence with the Minnesota River that would allow for wildlife migration, habitat protection, green space preservation, recreational opportunities, educational opportunities, protection of the bluff areas from erosion, and protection of the water quality of Bluff Creek. The City of Chanhassen established the Bluff Creek Overlay District (BCOD) by ordinance number 286 in December of 1998 which was codified as Article XXXI, Chapter 20, and Chanhassen City Code. The BCOD primary zone includes the forested area in the southwest corner of the site and the wetlands contained therein. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 38 of 59 The applicant is proposing encroaching into the Bluff Creek primary zone as historically determined, which included the approximate edge of the tree line. Outlot A would then contain the Bluff Creek Corridor primary zone. The Primary Corridor is designated open space. All structures must meet a 40 -foot structural setback from the Primary Corridor boundary as required by Chanhassen City Code. If granted, this will be the second variance of this type within the Bluff Creek Overlay District in this area. The other was approved as part of the Powers Crossing development allowing grading up to the primary zone boundary, but not encroaching into the primary zone, which was never built. The Bluff Creek Overlay District was intended to preserve the natural corridor along Bluff Creek for aesthetic, recreational, wildlife and water quality functions. As Section 20-1551 of the City Code states, "significant natural features should impact development rather than development impacting significant natural features." Bluff Creek is a 303d -listed water with turbidity and fish IBI impairments. It is known to have significant erosion and sediment issues resulting from the increase in surface water discharge volumes to the creek. The city and the Minnesota Pollution Control Agency conducted a Total Maximum Daily Load (TMDL) Study. This study resulted in further recommendations to protect Bluff Creek. The Bluff Creek Overlay District was intended, in part, to guide development to minimize the increases in hardscape that accompany development by creatively designing site plans to reduce impervious surface and save significant natural resources. Because of the need to define the underlying causes of the erosion within Bluff Creek, the Bluff Creek Corridor Feasibility Study was undertaken. This study identified 22 severely eroded gullies and escarpments just in the lower valley alone downstream of the proposed development. I The applicant is proposing encroaching into the Bluff Creek primary zone as historically determined, which included the approximate edge of the tree line. Outlot A would then contain the Bluff Creek Corridor primary zone. The Primary Corridor is designated open space. All structures must meet a 40 -foot structural setback from the Primary Corridor boundary as required by Chanhassen City Code. If granted, this will be the second variance of this type within the Bluff Creek Overlay District in this area. The other was approved as part of the Powers Crossing development allowing grading up to the primary zone boundary, but not encroaching into the primary zone, which was never built. The Bluff Creek Overlay District was intended to preserve the natural corridor along Bluff Creek for aesthetic, recreational, wildlife and water quality functions. As Section 20-1551 of the City Code states, "significant natural features should impact development rather than development impacting significant natural features." Bluff Creek is a 303d -listed water with turbidity and fish IBI impairments. It is known to have significant erosion and sediment issues resulting from the increase in surface water discharge volumes to the creek. The city and the Minnesota Pollution Control Agency conducted a Total Maximum Daily Load (TMDL) Study. This study resulted in further recommendations to protect Bluff Creek. The Bluff Creek Overlay District was intended, in part, to guide development to minimize the increases in hardscape that accompany development by creatively designing site plans to reduce impervious surface and save significant natural resources. Because of the need to define the underlying causes of the erosion within Bluff Creek, the Bluff Creek Corridor Feasibility Study was undertaken. This study identified 22 severely eroded gullies and escarpments just in the lower valley alone downstream of the proposed development. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 39 of 59 Properties within the Bluff Creek Overlay District are subject to the following requirements: 1. A conditional use permit is required prior to all subdivisions, site plans, land alteration and building within the BCOD. 2. Bluffs must be preserved as set forth in Article XXVIII of city code. 3. Density transfers can be used to cluster development in areas where the location of the primary zone makes portions of the site unsuitable for development. 4. Natural habitat areas within the primary zone must be preserved as open space. 5. The primary zone must be 100 percent open space. 6. All structures must be set back at least 40 feet from the primary zone. 7. The first 20 feet of the setback from the primary zone cannot be disturbed. The project proposes construction of a building, an access drive, parking areas and a public street within a portion of the Bluff Creek Overlay District primary zone. The encroachment into the primary zone and setback requires a variance. Staff believes that only a minimal encroachment is necessary to permit the construction of Bluff Creek Boulevard ivooded-hi'.To mitigate for the impacts to the primary corridor, the applicant should submit a plan for the restoration of areas adjacent to the Bluff Creek Corridor with species consistent with the city's Bluff Creek Watershed Natural Resources Management Plan. Staff recommends that no encroachment on the primary zone be allowed and that 9008 811014ost wt#e possible be taken &F the aeeess read. Staff also recommends that for development adjacent to the overlay district, monument signs indicating the Bluff Creek Overlay District be placed at every property comer and angles with no more than 150 feet apart. Building within the BCOD requires a variance. The applicant will have to demonstrate that they meet the variance criteria. (report continued on next page) Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 40 of 59 A 8. The applicant is requesting to grade within the primary district and well as place a building with in the district. One of the mitigation strategies of the AUAR "The city will follow existing zoning regulations including Floodplain Overlay (Article V), Wctland Protection (Article VI), Shoreland Management (Article VII), Bluff Protection (Article XXVIII) and Bluff Creek Overlay (Article XXXI) to protect natural and environmental resources from potential impacts resulting from the Development Scenario. The city will reference policies and strategies outlined in the 2030 Comprehensive Plan, Surface Water Management Plan and the Bluff Creek Watershed Natural Resource Management Plan as technical resources during the review of specific development projects. The applicant is filling 4.4659 acres of wetland. One of the supporting factors for the wetland filling is the preservation of the Bluff Creek Overlay. This is a significant wooded area approximately 17 acres. Staff has reconsidered the emergency fire lane connection and is recommending against building with in the Bluff Creek Overlay District. Total amount of impact to Bluff Creek removed BCOD Removal measurements from submitted plans: 146,420 Square Feet of Development 85,290 S Fire lane has been removed Total impact 235,950 S& 5.41 ., as 3.6 acres Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 41 of 59 ;_.1FFCREEK OVERLAY DISTWT \ � � � cramrlimx FI I r ,. �•" � N169�rI�1�YrT. Staff recommends the following conditions of approval: 'rl � T.^aLS.awRYR6.WyKrr r ~ k 1 e r J R BLIi;FCKEEK R4ERlAT G5rR!Cl era Acis a. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary Zone to the City. b. The Developer shall provide the city with a management for this area and submit to the city for review. c. 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. d. The developer shall not encroach into the Bluff Creek Primary Zone. e. The developer shall comply with the with the 40 foot primary zone setback and preserve or create a 20 foot buffer from the primary zone. f. The buffer will be required to have a vegetation management plan and soil amendments. Variance Request The developer is requesting a variance to encroach into the Bluff Creek Overlay District primary zone to grade and construct a building. However, staff does not see a need to alter the primary zone boundary for development. The Bluff Creek Overlay District was intended to preserve the I Staff recommends the following conditions of approval: 'rl � T.^aLS.awRYR6.WyKrr r ~ k 1 e r J R BLIi;FCKEEK R4ERlAT G5rR!Cl era Acis a. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary Zone to the City. b. The Developer shall provide the city with a management for this area and submit to the city for review. c. 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. d. The developer shall not encroach into the Bluff Creek Primary Zone. e. The developer shall comply with the with the 40 foot primary zone setback and preserve or create a 20 foot buffer from the primary zone. f. The buffer will be required to have a vegetation management plan and soil amendments. Variance Request The developer is requesting a variance to encroach into the Bluff Creek Overlay District primary zone to grade and construct a building. However, staff does not see a need to alter the primary zone boundary for development. The Bluff Creek Overlay District was intended to preserve the Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 42 of 59 natural corridor along Bluff Creek for aesthetic, recreational, wildlife and water quality functions. Fragmentation and significant reduction in the area of the primary zone would significantly degrade this area. Development of the site is possible within these encroachments. Staff believes that only a minimal alteration is necessary to permit the construction of Bluff Creek Boulevard, which is allowed by the city ordinance with the consideration to maintaining consolidated areas of natural topography and vegetation. The city is therefore establishing the northwesterly boundary of the primary zone as the edge of the right-of-way for Bluff Creek Boulevard. The requested variance does not meet the criteria for approval of a variance. a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. The proposed development can be completed without the need to encroach into the Bluff Creek Primary Zone. The purpose and intent is to preserve the natural corridor along Bluff Creek for aesthetic, recreational, wildlife and water quality functions. Fragmentation and significant reduction in the area of the primary zone would significantly degrade this area b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. There are no practical difficulties that would require the approval of an encroachment into the primary zone. This is a farm field that allows for the movement of development outside the environmentally sensitive area. c. That the purpose of the variation is not based upon economic considerations alone. The variance would increase the amount of developable land, which would be an economic consideration. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Other properties are encumbered by the Bluff Creek Overlay District and have been viable and developable within granting of a variance, which would impact the natural area. This property is developable without a variance. It is only the desired placement of a structure within the primary zone, which leads to the variance. e. The variance, if granted, will not alter the essential character of the locality. A variance, if granted, would considerably alter the character of the primary zone by fragmenting and reducing the area of the primary zone. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. This criteria does not apply. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 43 of 59 Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 44 of 59 Landseanina Comments The design narrative submitted by the applicant references lush plantings, low water use and responsible resource use as goals and standards of the development. To this end, it is expected that proposed landscaping and preserved green space exemplify the latest best management practices. In this regard, tree preservation, boulevard and foundation plantings, turf expanses in open spaces, and irrigation needs should demonstrate a higher standard than the average commercial development. Including topsoil and soil amendments to insure healthy plantings, specifying landscape plants that are suited for the site conditions, installing a reuse irrigation system and parking lot raingardens, and minimizing impact to the Bluff Creek Overlay primary zone will all assist with elevating the project standards. The lower southwest corner of the site is part of the Bluff Creek Overlay District, an area intended for preservation and restoration. This wooded corner within the Primary Zone contains a native upland forest dominated by oaks, but also filled with elms, basswood, black cherry and ash. This area serves as a stormwater, habitat, clean air and carbon sequestration management area. Eroding the overall impact of the area by carving into it for development does a disservice to the future generations of Chanhassen residents who will one day benefit from and appreciate the controlled management and protection of the overlay district. According to city ordinance, `the purpose of the district is to protect the Bluff Creek Corridor, wetlands, bluffs, and significant stands of mature trees; promote innovative development techniques such as cluster development and open space subdivisions...' The proposed landscape plan submitted includes one item for review, namely boulevard tree plantings along the collector roads. Staff requests more detail for the overall site than what has been provided. What has been provided lacks sufficient detail to be reviewed for an overall concept plan. Parking lot, perimeter, foundation, and open space landscaping should also be shown. As drawn on the submitted plans, the parking lot design is denoting only half as many landscape islands as would be required by ordinance. Installing only 50% of the landscaping leaves large expanses of unadorned, heat -accumulating, blank pavement. The intent of city ordinances is to eliminate vast, unaesthetic parking areas. This site is ideal for incorporating sustainable landscaping that serves to create a pleasing environment, trap stormwater and reduce water use. Instead of numerous, small islands scattered throughout the parking areas, large planting beds that act as stormwater features and allow for optimal tree and plant growth as well as elevated aesthetics could be incorporated. Maplewood Mall should serve as an example of parking areas that endeavor to minimize the detrimental effects of impervious surfaces. For a local example, the Chaska Curling Center has successfully designed a parking lot that includes aesthetically pleasing landscaping treatments as well as stormwater management. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 45 of 59 The boulevard tree landscape plan includes a satisfactory list of species to be used on site. However, the city ordinance requires that no more than 20% of the total trees should be from any one genus and no more than 10% should be from any one species. Additionally, Chanhassen has alkaline soils so trees that prefer a more acidic soil, such as Northwoods maple, do poorly when grown on many sites in Chanhassen and especially when grown on newly developed sites, unless a soil correction has been made. Species selection should be based on the site conditions — clay, alkaline, droughty soils. Also, if the proposed plan remains committed to individual landscape islands, then silva cells, engineered soil or other accommodations must be used in order to insure the survival of the trees. A reuse watering system should be considered to irrigate plantings. With the amount of impervious surface on site, adequate reservoirs of stormwater runoff should be collected to serve the irrigation needs of the site. Foundation plantings will be expected for all buildings on site and residential landscaping requirements will also need to be met for those specific areas. To meet the design goals as stated in the narrative, overall tree cover should be at least 20-25% or higher in commercial areas and a minimum of 30-35% or higher in residential areas. Carver County Comments from Letter dated May 8, 2017 1. Prior to Plat and PUD approval, the County would like to review and approve the overall AUAR additional sub -report and figures of detailed intersection and related segment geometric design concepts with estimated costs, schedule by year, and table of proportionate cost sharing for the city, Developments, MnDQT, and County consistent with the County's cost participation policy. Costs to include intersection / lane upgrades; signal interconnect and signal / fiber communications; and lighting as needed. In particular, more information is Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 46 of 59 needed for the level of improvements at the intersections of Sunset Trail / Lyman Blvd and Bluff Creek Blvd / Powers Blvd. 2. The plat and PUD will need to be revised to change the single lane entrance of Bluff Creek Blvd from Powers Blvd (CSAH 17) to Avienda Parkway to two lanes wide. This was noted with the AUAR comments and is a specific area of concern, that the Bluff Creek Drive road extension from Powers Blvd be designed for 2 -lanes inbound through and around the proposed internal roundabout, such that adequate throughput is achieved at the critical Powers Blvd / TH 212 intersection. This 2 -lane condition is needed as well to match the already built and committed intersection layout that stubbed in the future entrance to Bluff Creek Blvd. This 2 -lane inbound for Bluff Creek Blvd is also consistent with the AUAR's notation for dual NB left turns on Powers Blvd at TH 212. 3. The intersection of Sunset Trail / Lyman Blvd should be reviewed in detail for intersection control alternatives. Intersection traffic operations at this location are a concern and it may be that access needs to be restricted to right -in / right -out until such time that higher order intersection facilities are available. Sunset Trail may need to be widened to account for this access condition as well as for two turn lanes out. In addition, numerous utilities are in place in the NW quadrant and some are being looked at to be relocated. Pedestrian ramps and other improvements will be required at Sunset Trail, including the potential to cross Lyman Blvd. 4. Prior to plat and site plan approval, and at least prior to 30% plans and specs, please provide for County review and approval roadways or access points intersecting with County highways. A special review of the design of Bluff Creek Blvd and Sunset Trail will be required. In addition, intersection lighting will need to be reviewed and included if not adequate as determined by the County. 5. Physical connections need to be made to the signalized main intersection and some adjustments may be required pending more review of detailed engineering plans. Some form of contract / permit and surety with the County will be required for design, construction, and final inspection for the traffic signal and roadway approach facilities. Striping of lanes and/or crosswalks may be needed to be incorporated into the project. The installation of pedestrian push buttons / APS system may also be needed. 6. Related to rights of way, the boundary appears to be substantially monumented and abutting existing plats and right of way plats. No external or internal boundary conflicts noted on county parcel deed construction drawing. The plat may be required to denote controlled access along CSAR 18 or CSAH 17. Final plat, with up to date title work, will need county approval near the end of project. 7. Related to parks and trails, please provide for County review and approval some type of additional, declarative sub -report and figures of the specific plans and impacts to the city and county regional and linking trails plan for the highways and areas related to the AUAR and this Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 47 of 59 development. Our understanding is that the city currently has a trail running along the west side of Powers in the project area. On Lyman, a trail is not identified in the project area; this is likely because the trail infrastructure runs on the north side and not the south side of Lyman. Neither Lyman nor powers is currently a part of the County's Comprehensive Plan for trail alignments. In addition, the County installed a 10 foot wide bituminous trail along the west side of Powers Blvd in 2014. The site plan grading plan shows new contours over this trail, so please clarify on this as well. 8. Prior to any work affecting or on County highways or in County right of way, the applicant shall coordinate plans with the County Engineer and obtain a Utility or Excavating/Filling/Grading Permit(s) from Carver County Public Works: (http://www.co.carver.mn.us/how-do-i/apply-for/a-permit). Final details of locations, grades, and profiles affecting County roads as well as any utility connections will need to be reviewed and approved prior to any permits. As notes to'our understanding, the city stubbed in a new water main at the SW quadrant of Powers and Lyman. County has vacant fiber conduit and vaults along the south side of Lyman the entire length of this property. 9. Any damages, modifications, or changes incurred on County highways from current or approved conditions will need to remedied or updated at development expense, including costs incurred by the County. MnDOT letter dated Mly 4 2017 The Minnesota Department of Transportation (MnDOT) has reviewed the PUD and has the following comments: Water Resources: MnDOT owns several wetland restoration sites just outside the proposed project limits. There is one to the south of the project limits and one to the east of the project, just across Powers Blvd. MnDOT also owns a few culverts on Powers Blvd and Lyman Blvd that currently receive water from the proposed site. MnDOT would need to see more drainage analysis to make a determination if the proposed project would affect MnDOT drainage systems. It is likely that the project will need a drainage permit. Please submit documents specified below with a drainage permit application: 1. Final drainage plan showing storm sewer plan, storm sewer and culvert profiles and pond contours 2. Existing and proposed drainage area maps with flow arrows 3. Existing and proposed drainage/pond computations for the 2, 10, and 100 year rainfall events. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 48 of 59 Permits: As previously stated, a drainage permit is required. Additionally, any use of or work within or affecting MnDOT right of way requires a permit. Permit forms are available from MnDOT's utility website at http://www.dot.state.mn.us/metro/maintenance/pennits.html Please include one plan set formatted to 11 x 17 size with each permit application. Please direct any questions regarding permit requirements to Buck Craig (651-234-7911 or buck.craig@state.mn.us) of MnDOT's Metro Permits Section. Trak: Traffic has concerns about the impacts to operations at the proposed TH212/Powers Blvd intersection. Please continue to coordinate with MnDOT's Traffic section, especially in finalizing the current draft traffic impact study for the development. Please direct any questions regarding these comments to Julie Johnson (Julie.C.Johnson@state.mn.us or 651-234-7824) of MnDOT's Metro South Area Traffic Section. Design: A significant amount of grading is proposed along Powers Boulevard which is part of MnDOT right of way. Please submit a grading plan at a readable scale showing the proposed slopes and drainage issues. Also include a typical section showing the relationship with the boulevard to the Powers. A very tall retaining wall is proposed along the TH 212 right of way and will need to be reviewed. Just a reminder that no supporting element of the proposed wall can be on MnDOT right of way. Noise: MnDOT's policy is to assist local governments in promoting compatibility between land use and highways. Residential uses located adjacent to highways often result in complaints about traffic noise. Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPGA), the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities having the authority to regulate land use shall take all reasonable measures to prevent the establishment of land use activities, listed in the MPCA's Noise Area Classification (NAC), anywhere that the establishment of the land use would result in immediate violations of established State noise standards. MnDOT policy regarding development adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures in such developed areas. The project proposer is required to assess the existing noise situation and take the action deemed necessary to minimize the impact to the proposed development from any highway noise. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 49 of 59 Park Comments On Tuesday, October 25, 2016, the Chanhassen Park and Recreation Commission took public comment and discussed desired park, open space, recreation, and trail components for the proposed Avienda concept planned unit development (PUD). Commissioners focused on making the development a highly desirable and livable environment for future residents and how best to integrate the site into the existing neighborhoods and landforms. Below is the Park and Recreation Commission's list of recommendations at the concept level. Additional narrative in italic text describes how the applicant responded to these recommendations in their preliminary plat and PUD application. 1. Incorporate meaningful, park -like places, including the provision of appropriate recreation equipment, site furnishings, and landscaping adjacent to both the townhome and apartment neighborhoods. o The applicant describes the inclusion of a network of green, adding a variety of private, semi private, and perhaps some additional public space throughout Avienda. Details of this visors, including the size, location, amenities, and ownership of these spaces will need to be explored. A significant number of residential dwellings are being proposed for a site, which is currently at the outer limits of the service areas for existing public parks. The city's Comprehensive Plan standard is to provide 1 -acre of actively programmed public or private park space for every 75 residents. A park dedication requirement, either in the form of land dedication or payment of park fees or a combination of both, will be a condition of approval for this application. Park fees are charged at the rate in force upon final plat approval. Current park fees are $12, 500 per acre for commercial/industrial property, $3,800 per dwelling for multi-family/apartment units, $5, 000 per dwelling for duplexes, and $5,800 per dwelling for single family. 2. Preserve the woodlands identified in the Bluff Creek Overlay District to the greatest extent possible. The Commission envisions nature trails within a portion of the woodlands. o The current submittal depicts the retention of just 75%+1- of the Bluff Creek woodlands. Preserving the greatest extent of the woodlands as possible remains the goal. 3. Significantly increase the walkability of the core retail space to encourage pedestrian interaction by providing wide sidewalks, numerous gathering locations, interesting site furnishings, landscaping, and hardscapes. 4. Provide well-designed sidewalks and pedestrian connections to all buildings and locations. 5. Incorporate traffic calming into all pedestrian crossing locations. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 50 of 59 6. Design, incorporate, and construct a comprehensive, on-site system of trails, including: 1. A trail running west to east from Bluff Creek Boulevard through the upper portions of the woodlands continuing east along the southern border of the property, then turning north adjacent to Powers Boulevard. a. Not depicted in the current application. 2. An internal trail positioned north to south within the townhome neighborhood allowing residents to gain access as pedestrians to adjacent destinations. a. No internal trail is shown but a north to south trail paralleling Avienda Parkway adjacent to the residential area is shown. Upon crossing Bluff Creek Boulevard to the south, a more direct pedestrian route connecting to the Bluff Creek woodlands should be identified and constructed. 3. A thoughtfully designed, formal access that welcomes pedestrians from the intersection of Lyman and Powers Boulevard directly into the proposed development. a. Not depicted in the current application. 4. Completion of the emergency roadway connection with Miranda Way to be utilized as a trail way except in the event that north/south emergency vehicle access is needed. a. This emergency roadway, to be utilized as a pedestrian trail, is depicted in the application. Additional study should investigate how to though(ully connect the emergency roadway into the Avienda pedestrian network. RURAL SERVICE DISTRICT The properties included within the Avienda development are currently located within a Rural Service District for taxing purposes. The city is divided into an urban service district and a rural service district, constituting separate taxing districts for the purpose of all municipal property taxes except those levied for the payment of bonds and judgments and interest thereon. Within the rural service district regulations, the ratio that exists between the benefits resulting from tax supported municipal service to parcels in the rural service district to parcels in the urban service district is seventy-five (75). Rural service properties are therefore taxed for municipal taxes at 75 percent of rate used for other properties. Whenever any parcel of land included in the rural service district is platted, in whole or in part, or whenever application is made for a permit for the construction of commercial, industrial or urban residential building or improvement to be situated on such parcel or any part thereof, or whenever such building or improvement is commenced without a permit, the council shall make and enter an order by resolution transferring such platted or improved parcel from the rural service district to the urban service district. Based on the proposed rezoning and subdivision of the properties, these parcels shall be removed from the rural services district in conjunction with the approval of the development. A resolution to do this is included as part of this review. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 51 of 59 RECOMMENDATION "The Planning Commission recommends approval of Ylamung Case #2U17-19 to rezone 115.00 acres of property zoned. A-2, Agricultural Estate District, to Regional Commercial — PUD Medium Subdivision contingent upon final plat approval, as shown in plans from Landform dated April 14, 2017 and adoption of the findings of fact." PUD The Chanhassen Planning Commission recommends that City Council approve the Rezoning of 115.54 acres, from Agricultural Estate District, A2, PUD Regional Commercial including 11EvhibitA Avienda Design Standards " (attachment #1) SUBDIVISION "The Chanhassen Planning Commission recommends that City Council approve the Subdivision Preliminary Plat creating 18 lots, 3 outlots and dedication of public right-of- way, plans prepared by Landform dated April 14, 2017, subject to the following conditions: Engineering 1. Top and bottom elevations for all retaining walls shall be labeled on the plan set. 2. A fence or other barrier is required at any location where a wall is greater than 6 feet tall and within 10 feet of a public right of way. 3. The following wall materials are prohibited: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties, or timber. Boulder walls are prohibited if the maximum height is greater than 6 feet. 4. All retaining walls shall be owned and maintained by a property -owners association. 5. The developer shall escrow funds for installation of traffic signals. 6. As large, landscaped boulevards are proposed, the applicant shall add a note to the typical sections to identify a corridor for installation of private utilities such as power, communication, gas, etc. 7. The applicant shall show the road profiles and a horizontal alignment table in the plan set for all public roads prior to final plat. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 52 of 59 8. The public roads constructed with this development are: Bluff Creek Boulevard, Avienda Parkway, Sunset Trail and Mills Drive. All other roads and drives constructed with this development will be privately owned and maintained. 9. The applicant proposes an Ultimate Plan for the Bluff Creek intersection with Powers Boulevard that includes two-lane entry into the roundabout. The City requires this Ultimate Plan be constructed at this time, but the roadway can be striped for one-lane only. 10. The applicant shall remove pavement and expand the median on the southern leg of the Powers Boulevard/Bluff Creek Boulevard intersection to remove the second left-turn lane from northbound Powers Blvd to westbound Bluff Creek Blvd. 11. Staff recommends the applicant add traffic calming measures to Avienda Parkway West near the residential areas of development. Specifically, the applicant shall incorporate pedestrian-friendly crossing features to the intersection at Mills Drive and Avienda Parkway West. 12. The applicant shall revise the width of Mills Drive to correspond with the existing Mills Drive section in The Preserve at Bluff Creek. 13. The applicant shall align the intersection of Mills Drive and the access to the apartment building with the parking ramp to form an intersection rather than offset as the current plan shows. 14. Sunset Trail will become a private roadway from Avienda Parkway to Bluff Creek Boulevard as it winds through the center of the development. When Block 5 and/or Lot 2, Block apply for site plan approval, this private road shall be constructed. 15. The plan for concrete sidewalk on the inside of Avienda Parkway shall be revised to a 5- foot width. 16. ADA-compliant pedestrian ramps shall be constructed at all intersections and median refuges per the MnDOT standard details. 17. The sanitary stub from MH 25 shall be no larger than the 8" downstream pipe and the slope shall be adjusted accordingly. 18. Sanitary service stubs shall be provided for the six twin home units proposed on Mills Drive. 19. Sanitary structures shall be moved out of the landscaped median and into the center of lanes for improved future maintenance access. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 53 of 59 20. All sanitary sewer main constructed within the right-of-way in this project shall be publically owned and maintained. 21. Private sanitary main must be constructed to meet the City's requirements for public utilities. 22. The plan shall use 2017 Chanhassen standard detail plates, which are available on the City's website. 23. The proposed water main connection 570 feet north of the Bluff Creek Blvd/Powers Blvd intersection shall be removed. A water main connection from Avienda Parkway to Lyman Boulevard through the parking lot of Lot 3, Block 4 shall be installed. The applicant shall grant a drainage and utility easement for this publically owned and maintained connection. 24. Water service stubs shall be provided for the six twin home units proposed on Mills Drive. 25. Additional water main stubs shall be provided at the accesses for Lot 1, Block 4 and Lot 1, Block 5. 26. All water main constructed within the right-of-way in this project shall be publically owned and maintained. Private sanitary and water main must be constructed to meet the City's requirements for public utilities. 27. The applicant must provide the total disturbed area of the proposed development. 28. Permanent stormwater management controls for Volume, Rate, and Water Quality are required per the Riley Purgatory Bluff Creek Watershed District (RPBCWD) rules. 29. The applicant must provide a figure clearly identifying the areas to be irrigated with areas quantified, which is not included in the current plans. 30. The proposed reuse system does not provide sufficient volume reduction per RPB CWD rules. It is recommended that the irrigation system is revised to provide further volume reduction. 31. The applicant must provide documentation that each of these ponds meets the Level 1, 2, and 3 criteria per the Minnesota Stormwater Manual to ensure that they will produce the calculated water quality benefits. 32. The applicant must provide the annual runoff volumes to each wetland for the pre- and post -project conditions. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 54 of 59 33. The applicant must provide further information on the bounce and mundation periods for each of the identified critical wetlands. The bounce and inundation changes caused by the project must be in compliance with WCA requirements. 34. The twin home units must pay a water and sanitary service partial hook-up fee when Lot 1, Block 2 and Lot 1, Block 3 are replatted at the rate in place at that time. The remaining hook-up fees would be paid with the building permits. 35. The developer shall work with the Building Department to determine the City SAC and WAC fees for commercial and multi -family buildings. The hook-up fees for commercial and multi -family buildings are due with the building permit at the rate in place at that time. 36. The developer shall pay this site's portion of the 2005 AUAR costs- which is $25,836.70 with the final plat. 37. The proposed redevelopment will need a Riley-Purgatory—Bluff-Creek Watershed District (RPBCWD) permit prior to beginning construction activities. 38. It is the applicant's responsibility to ensure that permits are received from all other agencies with jurisdiction over the project (i.e., Army Corps of Engineers, DNR, MnDOT, Carver County, RPBC Watershed District, Board of Water and Soil Resources, PCA, etc.). 39. A drainage and utility easement shall be placed over Outlot B. Landscaping 1. No development encroachment on the Bluff Creek Overlay District primary zone shall be allowed nor fragmentation of the primary zone area. 2. The access route shall follow the shortest route from Camden Ridge to the proposed development. 3. The applicant shall submit an overall landscape plan that shows proposed landscaping for the overall site including items such as parking lots, perimeter, foundation and open space areas. 4. Parking lot islands shall be linear areas incorporating planting area and stormwater management. 5. If the applicant chooses to install the minimum requirement sizes of parking lot landscaping islands, then if the proposed plan remains committed to individual landscape islands, then silva cells, engineered soil or other accommodations must be used in order to insure the survival of the trees. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 55 of 59 6. No more than 20% of the total trees should be from anyone genus and no more than 10% should be from any one species. 7. A reuse watering system should be considered to irrigate all plantings within the site. 8. Drought tolerant plants shall be incorporate into the overall landscape plan. 9. Proposed landscaping plant materials shall be selected based on site conditions. 10. At a minimum, overall tree cover should be at least 20-25% or higher in commercial areas and a minimum of 30-35% or higher in residential areas. 11. Boulevard tree plantings shall be located outside of the ROW. 12. Any landscaping located within the ROW shall be covered by an encroachment and maintenance agreement Park and Trail 1. Incorporate meaningful park -like places, mcludmg the provision of appropriate recreation equipment, site furnishings, and landscaping adjacent to residential components. 2. Preserve the woodlands identified in the Bluff Creek Overlay District. Provide a blanket trail easement over the entire preserved area to accommodate the installation of natural surface public trails. 3. Provide an attractive public trail connection from the north entering the Bluff Creek Overlay District. 4. Incorporate traffic calming into all pedestrian crossing locations. 5. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. Building Official Comments 1. The buildings are required to have automatic fire extinguishing systems. 2. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. 3. Soil evaluation (geo-technical) report required. 4. Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. Fire Department Comments The east and west bound driving lanes of Bluff Creek Boulevard extending from Powers Boulevard to the existing Bluff Creek Boulevard be increased from 16 feet to 20 feet curb to curb. This is in order for emergency apparatus to safely pass cars and trucks once they pull over and stop. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 56 of 59 CUP "The Chanhassen Planning Commission recommends that City Council approve the Conditional Use Permit to encroach into the primary zone and required buffer for the construction of Bluff Creek Boulevard; subject to conditions in the staff report: 1. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary Zone to the City. 2. The Developer shall provide the city with a management for the area and submit to the city for review. 3. 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. 4. The developer shall not encroach into the Bluff Creek Primary Zone. 5. The developer shall comply with the with the 40 foot primary zone setback and preserve or create a 20 foot buffer from the primary zone. 6. The buffer will be required to have a vegetation management plan and soil amendments. 7. The plans shall be revised to remove any structure in the BCOD. VARIANCE G6The Chanhassen Planning Commission recommends that City Council deny the Variance to encroach into the primary zone and required buffer. WAP The Chanhassen Planning Commission recommends that City Council approve the Wetland Alteration Permit to 4.4659 acres of permanent wetland impacts subject to conditions: * The applicant needs to supply the needed additional information to the city. The additional information is needed to determine if the project meets the WCA requirements. * A Technical Evaluation Panel meeting is needed to review the application. • If the application is deemed to meet the avoidance and minimization criteria of the WCA, a mitigation plan that adequately replaces wetland functions and values is needed. • City Staff has reviewed mitigation options. City Staff recommends the applicant provide wetland mitigation via the purchase of wetland bank credits, at a ratio of 2:1, in accordance with WCA requirements. Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June b, 2017 Page 57 of 59 Wetland Functions and N itization If the project meets the WCA sequencing and shows that the wetland impacts need to occur for the project (i.e. if the project meets wetland avoidance and minimization requirements), the rest of the WCA review for this project is dependent on wetland replacement. The WCA requires that wetland replacement must replace the public value of wetlands lost because of an impact. The public value of wetlands is generally based on the functions of wetlands including: water quality, flood water attenuation, public recreation and education, and fish/wildlife/plant habitats. The WCA uses the Minnesota Routine Assessment Method (MnRAM) to determine functions and values. The City completed a citywide MnRAM in 2006. The applicant has completed MnRAM as part of the application process. For the onsite wetlands that were previously evaluated by the City, the applicant's MnRAM has either the same result or a slightly higher quality results for the wetlands. The table above shows the wetland management categories from the application. The standard categories that the city uses, which are in conformance with state guidance, is as follows: • Preserve: These are the highest quality wetlands and have high quality habitat and native vegetative diversity. • Manage 1: These are a lower quality than Preserve, but still show high habitat quality and plant diversity. • Manage 2: These wetlands have been impacted by stormwater, invasive species, or other impacts and are lower quality than Manage 1. They likely still provide some habitat and may have some native plant species. • Manage 3: These wetlands have been impacted the most and may provide a stormwater treatment function and have minimal native plants. These are the lowest quality wetlands. The wetlands proposed to be impacted by the project are either Manage 2 or Manage 3 wetlands. Some have historically been excavated. These wetlands do not contain a diversity of native plants. They do provide stormwater and floodplain treatment for downstream wetlands as they are at the headwaters of the Bluff Creek and Lake Susan watersheds. Downstream waters are impaired for water quality. Wetland mitigation that replaces wetland functions and values at a minimum of a 2:1 ratio is required and can be met in a variety of ways: Onsite mitigation: New wetlands are created or restored within a project area. This could address replacing functions and values in the same area, but the current layout does not provide opportunity for a reasonable creation or restoration project. Also, creating new wetlands takes time and there are many factors to consider for its success. 0 Replacement in the same subwatershed: New wetlands are created or restored within the Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 58 of 59 same minor or major subwatershed as the project. This would allow wetland functions and values to be replaced within the subwatershed where the project is located and the project layout would not have to be altered to fit mitigation on site. However, a suitable site would need to be located. • Purchase of wetland credits from a wetland bank: There are several wetland banks in the state and applicants can purchase credit from these already created wetland areas. It is preferred in the WCA rules that a bank within the same bank service area be chosen to purchase credit for a project. • Some combination of these mitigation options: An eligible project can also use a combination of these mitigation options. As stated, if the project is determined to have met the avoidance and minimization criteria for the wetland impact, wetland mitigation for the lost functions and values would be required at a minimum of a 2:1 ratio. Currently, the applicant is'proposing mitigation through the purchase of credit from three wetland banks in Blue Earth, Stevens, and Rice Counties. These banks are in the same bank service area, and only one is in the same major watershed area. o In addition to the wetland bank credits, City staff recommends that a condition of approval will include the applicant provide a site-specific water quality improvement project within the watershed to mitigate water quality impacts locally, as the site is located up -stream of impaired waters. This site-specific mitigation may occur either onsite, or at an agreed feasible location within the local watershed. Details will be coordinated with the applicant. FINDING OF FACT The Planning Commission also adopts the attached findings of fact and recommendations. ATTACHMENTS 1. Exhibit A — Avienda Design Standards 2. Application for Development Review — April 14, 2017 3. Development Plans —April 14, 2017 4. Application Narrative -- April 14, 2017 5. Carver County CDA Maxfield Housing — 2014 6. Avienda Development Plans — March 27, 2017 7. Avienda Design Guidelines — April 13, 2017 8. McComb Group Retail Trends and Shopping Centers — March 2017 9. WSB Stormwater Review — May 1, 2017 10. Review from Riley -Purgatory -Bluff Creek Watershed District — May 1, 2017 Planning Commission Preliminary Plat and Planned Unit Development — Planning Case 2017-10 June 6, 2017 Page 59 of 59 11. Army Corp of Engineers letter — May 3, 2017 12. Memo from Carver County — May 8, 2017 13. Memo from Minnesota Depart of Transportation - May 4, 2017 14. Findings of Fact 15. Petition from Residents near Avienda development 16. Affidavit of Mailing gAplan12017 planning mes117-10 avienda preliminary plat & pudlpc staff report.doc