PC SUM 2017 06 20
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
JUNE 20, 2017
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Andrew Aller, Mark Undestad, John Tietz, Maryam Yusuf, Nancy
Madsen, Steve Weick, and Mark Randall
STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner; Sharmeen Al-Jaff, Senior Planner; MacKenzie Walters, Planner; Alyson Fauske,
Assistant City Engineer; and Stephanie Smith, Project Engineer
PUBLIC PRESENT:
Jeff Kamrath 2731 Orchard Lane
Liz Kozub 8661 Chanhassen Hills Drive
Beth & Jerry Cone 6320 Minnewashta Woods Drive
Aaron Stephan 8661 Chanhassen Hills Drive North
Breanna Boudreau-Landis 960 Saddlebrook Curve
Jon Gilbert 1641 Jeurissen Lane
Michelle Smith 7487 Saratoga Curve
Zhexin Zhang 1455 Bethesda Circle
Patrick Haney 30 Sandy Hook Road
Dr. Pamela McGrann 6540 Fox Path
Scott Mayer 7506 Erie Avenue
Jeff Gustafson 212 Lakeview Road East
OLD BUSINESS:
AVIENDA – PRELIMINARY PUD APPROVAL WAP, CUP, AND VARIANCES –
PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT (PUD) REZONING
FOR A REGIONAL DESTINATION, LIFESTYLE AND MIXED USE CENTER
(AVIENDA) WITH CONDITIONAL USE PERMIT, WETLAND ALTERATION
PERMIT AND VARIANCES ON FIVE PARCELS TOTALING 118 ACRES ON
PROPERTY ZONED AGRICULTURAL ESTATE DISTRICT (A-2) WITH A LAND USE
DESIGNATION OF REGIONAL COMMERCIAL OR OFFICE USE, AND LOCATED
AT THE SOUTHWEST CORNER OF LYMAN AND POWERS BOULEVARDS.
APPLICANT: LANDFORM PROFESSIONAL SERVICES, LLC. OWNER: LEVEL 7
DEVELOPMENT.
Kate Aanenson presented the staff report update on this item and Stephanie Smith discussed
traffic calming ideas for Bluff Creek Boulevard. Representing the applicant Level 7
Planning Commission Summary – June 20, 2017
Development, Darren Lazan with Professional Services discussed concerns with the amount of
contribution to water quality projects within the city of Chanhassen, impact to the Bluff Creek
Overlay District, screening for the retaining walls, Bluff Creek Boulevard road width, signage,
and the stormwater drainage plan. Commissioner Weick asked for clarification on the
requirements for senior living design standards. Commissioner Randall asked if the applicant
felt the traffic calming techniques being requested are adequate for public safety. After
comments and discussion by commission members the following motions were made.
Undestad moved, Yusuf seconded that the Chanhassen Planning Commission recommends
that City Council approve the Rezoning of 115.54 acres, from Agricultural Estate District,
A2, to PUD Regional Commercial including “Exhibit A Avienda Design Standards ”
(attachment #1) with an amendment that the developer and staff review the signage
package. All voted in favor and the motion carried unanimously with a vote of 7 to 0.
Undestad moved, Yusuf seconded that the Chanhassen Planning Commission recommends
that City Council approve the Subdivision Preliminary Plat creating 17 lots, 3 outlots and
dedication of public right-of-way, plans prepared by Landform dated April 14, 2017 and
June 12, 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 applicant shall submit a revised grading plan to show Wall E, including top and
bottom wall elevations.
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.
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Planning Commission Summary – June 20, 2017
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.
20. All sanitary sewer main constructed within the right-of-way in this project shall be
publically owned and maintained.
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Planning Commission Summary – June 20, 2017
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 show a maintenance access route for the pond at the bottom of Wall
D.
28. The applicant must provide the total disturbed area of the proposed development.
29. Permanent stormwater management controls for Volume, Rate, and Water Quality are required
per the Riley Purgatory Bluff Creek Watershed District (RPBCWD) rules.
30. The applicant must provide a figure clearly identifying the areas to be irrigated with areas
quantified, which is not included in the current plans.
31. 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.
32. 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.
33. The applicant must provide the annual runoff volumes to each wetland for the pre- and post-
project conditions.
34. 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.
35. 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.
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Planning Commission Summary – June 20, 2017
36. 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.
37. The developer shall pay this site’s portion of the 2005 AUAR costs- which is $25,836.70
with the final plat.
38. 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.
39. The developer shall escrow funds for installation of traffic signals at Sunset Trail, Powers
Boulevard and Audubon Road. The escrow amount shall be based on the Carver
County’s cost participation policy as published on their website.
40. The proposed redevelopment will need a Riley-Purgatory –Bluff-Creek Watershed
District (RPBCWD) permit prior to beginning construction activities.
41. 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.).
42. A drainage and utility easement shall be placed over Outlot B.
43. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary Zone to
the City.
44. Provide a cross access easement to Lot 4, Block 1.
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.
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Planning Commission Summary – June 20, 2017
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.
6. 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.
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. Any landscaping located within the ROW or the median shall be covered by an
encroachment and maintenance agreement
Park and Trail
1. Incorporate meaningful park-like places, including 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.
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Planning Commission Summary – June 20, 2017
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.
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
Undestad moved, Yusuf seconded that the Chanhassen Planning Commission recommends that
the City Council approve the Wetland Alteration Permit to 4.4659 acres of permanent
wetland impacts subject to the following 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.
The applicant shall contribute $300,000 to the city for water quality improvement
projects within the watershed.
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
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Planning Commission Summary – June 20, 2017
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.
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.
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Planning Commission Summary – June 20, 2017
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.
In addition to the wetland bank credits, City staff recommends that a condition of
approval that the applicant shall contribute $300,000 to the city for water quality
improvement projects within the watershed.
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
Undestad moved, Yusuf seconded that the Chanhassen Planning Commission adopts the
attached Findings of Fact and Recommendations. All voted in favor and the motion
carried unanimously with a vote of 7 to 0.
Undestad moved, Randall seconded that the Chanhassen Planning Commission
recommends the 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
the following conditions:
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.
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Planning Commission Summary – June 20, 2017
7. The plans shall be revised to remove any structure in the BCOD.
Commissioners Undestad, Randall and Madsen voted in favor. Commissioners Aller,
Yusuf, Tietz and Weick voted in opposition. The motion failed with a vote of 3 to 4.
Undestad moved, Randall seconded that the Chanhassen Planning Commission
recommends the City Council approve the Variance to encroach, not to exceed 1.3 acres,
into the primary zone and required buffer for the construction of the development; and
adopts the amended Findings of Fact and Recommendation. Commissioners Undestad,
Randall and Madsen voted in favor. Commissioners Aller, Yusuf, Tietz and Weick voted
in opposition. The motion failed with a vote of 3 to 4.
PUBLIC HEARING:
2740 ORCHARD LAND: REQUEST FOR A VARIANCE FOR A SECOND DRIVEWAY
ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT
2740 ORCHARD LANE. APPLICANT/OWNER: FAYE KAMRATH.
MacKenzie Walters presented the staff report on this item. Chairman Aller asked for
clarification on the use of the detached garage. Speaking for his wife Faye Kamrath, the owner
of the property, Jeff Kamrath, 2731 Orchard Lane explained the reasoning behind their request
for a second driveway. Chairman Aller opened the public hearing. No one spoke and the public
hearing was closed.
Madsen moved, Yusuf seconded that the Chanhassen Board of Appeals and Adjustments
approves a variance request to allow for a second driveway access at 2740 Orchard Lane,
subject to the following conditions and adoption of the Findings of Fact and Decision:
1. The applicant must apply for and receive a driveway permit.
2. Tree protection fencing shall be installed around existing trees prior to any construction
activities.
3. Double silt fence must be in place to protect the wetland prior to any excavation of the
site.
4. The driveway must be constructed in accordance with current construction
requirements/details as well as the requirements in City Code Section 20-122 Access and
Driveways.
5. The driveway shall be surfaced with bituminous, concrete or paver surface.
6. As stipulated by City Code Section 20-977 the detached garage may not be use to operate
or store material for a home occupation.
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
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Planning Commission Summary – June 20, 2017
PUBLIC HEARING:
WEST PARK, 8601 GREAT PLAINS BOULEVARD: REZONING, SITE PLAN
REVIEW, SUBDIVISION, AND VACATION OF RIGHT-OF-WAY WITH VARIANCES
ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT (PUD) AND SINGLE
FAMILY RESIDENTIAL (RSF) FOR CONSTRUCTION OF AN 82 UNIT TOWNHOME
DEVELOPMENT AND LOCATED SOUTHEAST OF WATERS EDGE DRIVE, WEST
OF GREAT PLAINS BOULEVARD, NORTH OF HIGHWAY 212 AND BISECTED BY
LAKE SUSAN DRIVE. APPLICANT: PULTE HOMES. OWNER: BRIAN
KLINGELHUTZ.
Sharmeen Al-Jaff presented the staff report on this item. Kate Aanenson provided background
information on the land uses designated for this property. Commissioner Weick asked for
clarification of the densities and variance request. Commissioner Tietz asked about visitor
parking. Representing the applicant, Paul Heuer with Pulte Homes, 7500 Office Ridge Circle,
Eden Prairie, Minnesota 55344 discussed their target market, price point, and the phasing
schedule. Chairman Aller asked the applicant to address traffic, parking, and surrounding
valuation before calling the public hearing to order. Liz Kozub, 8661 Chanhassen Hills Drive
North discussed concern with the additional traffic and cut through traffic off of Highway 212,
asked for one level townhomes, lack of notifications, need to fix a swing in their park, if there is
a plan to repair roads after construction and concern with the 25 foot variance. Aaron Stephan,
8661 Chanhassen Hills Drive North clarified that one of the parks served by this development is
Chanhassen Hills Park, not Lake Susan Park, and suggested the park funds be diverted towards
that park to upgrade amenities, discussed traffic calming measures for Lake Susan Drive,
concern with stormwater runoff, and strongly opposes the 25 foot variance. Susan Sura, 8524
Waters Edge Drive voiced a strong dissent against the 25 foot variance. She would prefer a
single family development on this piece of property and asked that the City address the retention
ponds to help with the runoff going into Lake Susan. Leslie Tidstrom, 8679 Chanhassen Hills
Drive North asked that single family homes or duplexes go on this property and expressed a
serious concern with runoff. Tony Pavlovich, 8640 Apple Tree Lane discussed the points
described in his letter explaining that their quality of life will be disrupted with the development
of these 82 units across the street, and concern with the 25 foot variance. He had anticipated that
single family homes would be developed on this parcel when he built his home. Anthony
Dunham, 8650 Apple Tree Lane expressed concern with stormwater runoff and the 25 foot
setback variance. Eric Chinnock, 8600 Apple Tree Lane expressed concern with the number of
units being proposed on the northern parcel and the 25 foot setback variance. Chairman Aller
closed the public hearing. After comments and discussion by commission members the
following motions were made.
Randall moved, Yusuf seconded that the Planning Commission recommends approval of the
preliminary plat for Planning Case 17-12 for West Park as shown on the plans received May
18, 2017, subject to conditions of approval:
Engineering
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Planning Commission Summary – June 20, 2017
1. The existing topographic survey shall include the existing first floor elevations of nearby
structures such as 8751 Waters Edge Drive and 721 Lake Susan Drive.
2. Spot elevations shall be shown at the center of proposed driveways at the curb line so the
driveway grade can be verified.
3. The backyard drainage on Lot 12 shall be revised to a minimum of 2%.
4. Draintile is required for all lots where stormwater runoff will flow from the back to the
front of the property. Draintile shall be shown on the plans between Blocks 11 and 12.
5. The applicant shall work with Carver County to see if the FES from their pond outlet can
be combined with the county’s culvert to eliminate the low spot adjacent to this site.
6. The plan shall show EOF locations and elevation for all basins on site.
7. The applicant shall submit a finalized, signed soil boring report.
8. Top and bottom wall elevations shall be shown on the grading plan.
9. This wall shall be owned and maintained by a Homeowners Association (HOA).
10. The development plans shall call out the material of the retaining wall. The following
materials are prohibited for retaining wall construction: smooth face, poured in place
concrete (stamped or patterned is acceptable), masonry, railroad ties and timber.
11. Boulder walls shall not be taller than six feet.
12. As an existing public trail is located within the vacation area, the applicant shall grant a
trail easement to the city prior to recording the vacation.
13. As existing public utilities are located within the vacation area, the applicant shall grant a
drainage and utility easement to the city prior to recording the vacation.
14. The applicant shall have their survey confirm location of all easements with a recent title
commitment prior to final plat.
15. The retaining wall and entry monuments are proposed within drainage and utility
easements. These elements require an encroachment agreement prior to their
construction.
16. The private sidewalks constructed within city right-of-way require an encroachment
agreement.
17. All private streets will be owned and maintained by a Homeowners Association.
18. The street profiles show changes of grade without the vertical curves. The applicant’s
engineer shall work with city staff to either remove these grade changes or incorporate
vertical curves into the profile.
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Planning Commission Summary – June 20, 2017
19. The applicant shall include the horizontal alignment tabulation for all street in the plans
prior to final plat.
20. Street lights shall be installed at the intersections with public streets. This light shall be
owned by the city and maintained by MVEC (Minnesota Valley Electric Company). A
$300 fee shall be collected with the development contract for electricity costs for the first
year of operation.
21. The driveway for Lot 1, Block 2 of the southern parcel must be adjusted to meet
Stonegate Road at a 90 degree angle.
22. The net SWMP Fee due at the time of final plat of the northern parcel is $59,997.66.
23. The net SWMP Fee due at the time of final plat of the southern parcel is $20,509.89.
24. For 64 units on the northern parcel, the sanitary partial fee is $44,224.00 and the water
partial fee is $137,408.00.
25. For 18 units on the southern parcel, the sanitary partial fee is $12,438.00 and the water
partial fee is $38,646.00.
26. The remaining hook-up fees will be due with the building permit at the rate in effect at
that time.
PARK AND TRAIL CONDITIONS OF APPROVAL
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be
collected as a condition of approval for the West Park Residential Subdivision. The park
fees will be collected in full at the rate in force upon final plat submission and approval.
Based upon the current residential park fee rates of $3,800 per multi-family/apartment
dwelling, the total park fees will be $311,600
2. (82 units x $3,800 each).
All voted in favor, except Commissioners Weick and Madsen who opposed, and the motion
carried with a vote of 5 to 2.
Randall moved, Yusuf seconded that the Planning Commission recommends approval of the
site plan for the construction of 82 townhouses for Planning Case 17-12 for West Park, as
shown on the plans received May 18, 2017, subject to conditions of approval;
Engineering:
The Engineering Department recommends approval of the final plat subject to the following
conditions:
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Planning Commission Summary – June 20, 2017
1. The applicant shall submit the full SWPPP document to the City for review prior to
grading on site.
2. The plans shall identify the areas intended for stockpiling materials on site during
construction.
3. No parking signage shall be installed at all turnarounds to keep them open for public
safety access.
4. The plan shall be adjusted to provide sufficient length of roadway for Lot 6, Block 7 to
turn onto their street from their driveway.
5. All private street signage shall comply with the MN Manual on Uniform Traffic Control
Devices.
6. The parking lot near Block 13 must be revised to have 9-foot wide stalls, even at their
narrowest point.
7. All parking lots shall be revised to provide a 26-foot drive aisle and 18-foot long spaces.
8. The parking lot off Stonegate Road shall be revised to provide a 10-foot by 26 foot
turnaround.
9. The sidewalk and pedestrian ramps shall be constructed per the Chanhassen Standard
Detail Plates.
10. All sidewalks internal to the site shall be owned and maintained by the HOA.
11. The sidewalk connection parallel to Lake Susan Drive shall be owned and maintained by
the City.
12. The HOA shall be responsible for snow maintenance on sidewalks adjacent to HOA
property.
13. To reduce future maintenance needs for the City, SAN MH 8 location shall be adjusted to
eliminate the need for SAN MH 7.
14. The applicant shall revise plans to call out the size of proposed water main.
15. A gate valve shall be added to the plan between Block 5 and 8 prior to construction.
16. The plan shall be revised to remove CB 400, as the adjacent upstream catchbasin will
replace the one removed with construction of the Blue Heron Drive access.
17. The applicant’s engineer shall add a column to the stormwater pipe/structure table to list
the velocities of the pipes.
18. The stormwater pipe sizes shall be revised to no smaller than 15-inch diameter, the
minimum size allowed for ease of future maintenance.
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Planning Commission Summary – June 20, 2017
19. Stormwater pipe within the development shall be privately owned and maintained.
20. The storm sewer/water main crossing near CB MH 702 may be in conflict. The
applicant’s engineer shall verify this when the utility profiles are drafted.
21. The applicant shall meet the minimum requirements for stormwater set forth in City Code
§9-VII and requirements of the Riley-Purgatory-Bluff Creek Watershed District.
22. The applicant must obtain a permit from RPBCWD prior to grading the site.
23. The applicant is responsible for obtaining permits from applicable regulatory agencies
(MDH, MPCA, MnDOT, etc.) prior to construction.
Building Conditions:
1. Accessibility must be provided to all portions of the development and a percentage of the
units may also be required to be accessible or adaptable in accordance with Minnesota State
Building Code Chapter 1341. Further information is needed to determine these requirements.
2. Buildings are required to be protected with an automatic sprinkler system. For the purposes
of this requirement property lines do not constitute separate buildings.
3. The buildings will be required to be designed by an architect and engineer as determined by
the Building Official.
4. The developer must submit a list of proposed street name(s) to the Fire Marshal and Building
Official for review and approval prior to final plat of the property.
5. Demolition permits must be obtained before demolishing any structures on the site.
Application for such permits must include hazardous substances investigation and proposed
mitigation reports.
6. A final grading plan and geotechnical (soils evaluation) report must be submitted to the
Inspections Division before permits will be issued.
7. Walls and projections within 5 feet of property lines are required to be of one-hour fire-
resistive construction.
8. Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
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Planning Commission Summary – June 20, 2017
9. Each lot must be provided with separate sewer and water services.
10. The developer and/or their agent shall meet with the Inspections Division as early as possible
to discuss plan review and permit procedures.
Fire Marshal
1. A three-foot clear space must be maintained around fire hydrants.
2. Street signs (temporary allowed) shall be installed prior to building permits being
issued. Fire Chief must approve signage.
3. Prior to combustible construction fire hydrants shall be made serviceable.
4. Prior to combustible home construction fire apparatus access roads capable of supporting
the weight of fire apparatus shall be made serviceable.
5. Relocate the fire hydrant on Stonegate road eighty (80) feet to the west. (At the
intersection of Stonegate and Stonegate)
6. On Eagle View Road add a fire hydrant between block 5 and block 6.
7. In order to avoid duplicating street names, submit new proposed street names to Fire
Chief and Building Official for review and approval.
Planning
1. Approval of this site plan is contingent upon approval of the final plat for Gateway North.
2. The applicant shall enter into a site plan agreement.
3. The building shall comply with the Planned Unit Development building setback
requirements”
All voted in favor, except Commissioners Wieck and Madsen who opposed, and the motion
carried with a vote of 5 to 2.
Randall moved, Yusuf seconded that the Planning Commission recommends approval of the
variance request for Planning Case 17-12 to allow a 25-foot setback from Waters Edge
Drive, Lake Susan Drive, and Highway 101, as shown on the plans received May 18, 2017,
subject to conditions of approval:
1. Approval of the Variance is contingent upon approval of the Site Plan and Subdivision
applications for Planning Case 17-12.
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Planning Commission Summary – June 20, 2017
All voted in favor, except Commissioners Weick and Madsen who opposed, and the motion
carried with a vote of 5 to 2.
Randall moved, Yusuf seconded that the Planning Commission recommends approval of
rezoning the property located at the southeast of Waters Edge Drive, west of Great Plains
Boulevard, north of Highway 212 and bisected by Lake Susan Drive with an approximate
area of 9.8 acres from Residential Single Family and Planned Unit Development to Planned
Unit Development-Residential, incorporating design standards:
WEST PARK
PUD DEVELOPMENT DESIGN STANDARDS
a. Intent
The purpose of this zone is to create a RESIDENTIAL PUD. The use of the PUD zone
is to allow for more flexible design standards while creating a higher quality and more
sensitive development. Each structure proposed for development shall proceed through
site plan review based on the development standards outlined below.
b. Permitted Uses
The permitted uses in this zone should be limited to four, five, and six plex
complexes.
The total number of units for the entire site may not exceed 99 units.
c. Setbacks
The PUD ordinance requires setbacks from roadways and exterior property lines. The
following table displays those setbacks.
Boundary Building/ Parking
Setbacks (feet)
Highway 101 25/10 *
Highway 212 25/25
Northerly Project Property Line 25/25
Westerly Project Property Line 25/20
Internal Project property lines 0 /0
Hard Surface Coverage-Residential 50 %
Maximum Residential Building/Structure Height 35 or 3 stories,
whichever is less
* parking setbacks maybe reduced to 10 feet if full screening is provided.
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Planning Commission Summary – June 20, 2017
d. Residential Building Materials and Design
Buildings and site design shall comply with design standards outlined in Article XXIII.
General Supplemental Regulations, Division 9 of the Zoning Ordinance.
1. All units shall have access onto an interior private street.
2. A design palette shall be approved for the entire project. The palette shall include
colors for siding, shakes, shutters, shingles, brick, stone, etc.
3. All foundation walls shall be screened by landscaping or retaining walls.
4. All adjoining units must exhibit different exterior design features and color.
e. Site Landscaping and Screening
The intent of this section is to improve the appearance of vehicular use areas and property
abutting public rights-of-way; to require buffering between different land uses; and to
protect, preserve and promote the aesthetic appeal, character and value of the surrounding
neighborhoods; to promote public health and safety through the reduction of noise
pollution, air pollution, visual pollution and glare.
1. The landscaping standards shall provide for screening for visual impacts associated
with a given use, including but not limited to parking areas, utility boxes, unadorned
building massing, etc.
2. All open spaces and non-parking lot surfaces, except for the fire pit area, shall be
landscaped, rockscaped, or covered with plantings and/or lawn material.
3. Undulating berms, shall be sodded or seeded at the conclusion of grading and utility
construction. The required buffer landscaping may be installed where it is deemed
necessary to screen any proposed development. All required boulevard landscaping
shall be sodded.
4. Native species shall be incorporated into site landscaping, whenever possible.
f. Street Furnishings
Benches, trash receptacles, planters and other street furnishings should be of design and
materials consistent with the character of the area. Wherever possible, street furnishings
should be consolidated to avoid visual clutter and facilitate pedestrian movement.
g. Signage
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Planning Commission Summary – June 20, 2017
The intent of this section is to establish an effective means of communication in the
development, maintain and enhance the aesthetic environment, to improve pedestrian and
traffic safety, to minimize the possible adverse effect of signs on nearby public and
private property, and to enable the fair and consistent enforcement of these sign
regulations. It is the intent of this section, to promote the health, safety, general welfare,
aesthetics, and image of the community by regulating signs that are intended to
communicate to the public, and to use signs which meet the city's goals:
a. Preserve and promote civic beauty, and prohibit signs which detract from this
objective because of size, shape, height, location, condition, cluttering or
illumination;
b. Ensure that signs do not create safety hazards;
c. Ensure that signs are designed, constructed, installed and maintained in a manner that
does not adversely impact public safety or unduly distract motorists;
d. Preserve and protect property values;
e. Ensure signs that are in proportion to the scale of, and are architecturally compatible
with, the principal structures;
g.1. Monument Sign:
One monument sign shall be permitted at the entrances to the development off of Lake
Susan Drive. These signs shall not exceed 24 square feet in sign display area nor be
greater than five feet in height. These signs shall be setback a minimum of 10 feet from
the property line.
g.2. Sign Design and Permit Requirements:
a. The sign treatment is an element of the architecture and thus should reflect the quality
of the development. The signs should be consistent in color, size, and material and
height throughout the development. A common theme will be introduced at the
development's entrance monument and will be used throughout.
b. All signs require a separate sign permit.
h. Lighting
1. Lighting for the interior of the development shall be consistent throughout the
development. Fixtures with decorative natural colored pole shall be used throughout the
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Planning Commission Summary – June 20, 2017
development in parking and street lighting. Decorative, pedestrian scale lighting shall be
used in the fire pit area and sidewalk areas and may be used in parking lot areas.
2. Light fixtures should be kept to a pedestrian scale (12 to 18 feet).
3. All light fixtures shall be shielded. Light level for site lighting shall be no more than
½ candle at the project perimeter property line. This does not apply to street lighting.
i. Residential Parking shall comply with city code requirements.
All voted in favor, except for Commissioners Weick and Madsen who opposed, and the
motion carried with a vote of 5 to 2.
Randall moved, Yusuf seconded that the Planning Commission recommends approval of
Planning Case 17-12 subject to the conditions of approval and adopts the attached
Findings of Fact and Decision. All voted in favor, except for Commissioners Weick and
Madsen who opposed, and the motion carried with a vote of 5 to 2.
(The Planning Commission took a 5 minute recess at this point in the meeting.)
PUBLIC HEARING:
VENUE/ALDI – UNITED PROPERTIES: REQUEST FOR A SITE PLAN REVIEW
FOR A 134 UNIT APARTMENT BUILDING AND A 19,000 SQUARE FOOT RETAIL
BUILDING (ALDI) WITH VARIANCES AND A REGISTERED LAND SURVEY FOR
PROPERTY ZONED CENTRAL BUSINESS DISTRICT (CBD) LOCATED ON THREE
TH
PARCELS SOUTH OF WEST 78 STREET BETWEEN CHANHASSEN DINNER
THEATERS AND HIGH TIMBER LOUNGE. APPLICANT/OWNER: CHANHASSEN
FRONTIER LLC.
Bob Generous presented the staff report on this item. Commissioner Tietz asked for clarification
of the shared parking arrangement and possible conflicts with the Dinner Theater.
Commissioner Madsen asked for clarification of traffic circulation for semi delivery trucks.
Commissioner Randall asked how the height of the apartment building would compare to the
Southwest Transit parking ramp. Chairman Aller opened the public hearing. Patrick Haney, 30
Sandy Hook Road and a member of the Colonial Grove Homeowners Association stated that the
feedback he’s received is people welcome the density but did not appreciate the concept of
another grocery store in downtown Chanhassen. Dr. Pamela McGrann, 6540 Fox Path stated she
was speaking for 102 people who stated they agree the site needs to be redeveloped but oppose
the 6 story apartment building and another grocery store. She also explained how she thinks
parking and semi deliveries will be an issue on the site. Breanna Boudreau-Landis, 960
Saddlebrook Curve expressed concerns with parking, snow removal, the location of the loading
dock, the graphics on the Aldi storefront, the height of the monument sign, and with Aldi but did
agree with the apartment complex on site. Michelle Smith, 7487 Saratoga Circle, representing
about 100 people in her neighborhood, reiterated that there was no need to have another grocery
store and that this was not the right vision for the downtown. She also questioned the public
hearing process when all the work’s been done and if it meets ordinance it has to be approved.
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Planning Commission Summary – June 20, 2017
Scott Mayer, 7506 Erie Avenue stated he believes there’s a lot of confusion about the vision for
downtown Chanhassen, he asked for clarification on the definition of market rent for the
apartments, and questioned the accuracy of the traffic study. Jeff Gustafson, 212 Lakeview Road
East explained the research he’s done on Aldi and stated he does not feel a 19,000 square foot
retail space, Aldi or anything else belongs in the downtown. Chairman Aller closed the public
hearing. After comments from commission members the following motion was made.
Yusuf moved, Weick seconded that the Chanhassen Planning Commission recommends the
City Council approve a Registered Land Survey creating two parcels out of three; the Site
Plan Review with a variance for the existing drive aisle widths, plans prepared by ISG,
dated May 19, 2017, and subject to the following conditions and adoption of the Findings of
Fact and Recommendation:
Building Official
1. Accessibility must be provided in accordance with the “Minnesota Accessibility Code” (see
MN Rules 1341). Accessible parking must be adequate, dispersed and on located on the
shortest accessible route. Residential units are required to be accessible or adaptable in
accordance with Minnesota State Building Code Chapter 1341. Further information is
needed to determine these requirements.
2. Buildings are required to be protected with an automatic sprinkler system. For the purposes
of this requirement property lines do not constitute separate buildings.
3. The buildings are be required to be designed by an architect and engineers as determined by
the Building Official.
4. Demolition permits must be obtained before demolishing any structures on the site.
Application for such permits must include hazardous substances investigation and proposed
mitigation reports.
5. A geotechnical (soils evaluation) report must be submitted to the Inspections Division
before permits will be issued.
6. Walls and projections within 5 feet of property lines are required to be of one-hour fire-
resistive construction.
7. Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
8. Each lot must be provided with separate sewer and water services.
9. The developer and/or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures.
Engineering
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Planning Commission Summary – June 20, 2017
1. The developer must obtain the necessary permissions for the off-site work required to
rebuild a portion of the existing retaining wall on the east side of the proposed building.
2. The developer shall consult with city staff to determine if modifications can be made to
the western entrance off of Market Street to eliminate the current “side by side” driveway
accesses.
3. The applicant shall work with city staff and the owner of the property to the east to
ensure that tractor trailer delivery trucks can access the Dinner Theater’s loading docks.
4. An encroachment agreement is required for the private storm sewer within the city’s 30
foot wide drainage and utility easement.
5. The applicant must obtain a permit from RPBCWD prior to grading the site.
6. The applicant shall include a cross section of the underground storm water system with
the next submittal.
7. A dewatering plan must be submitted prior to issuance of a building permit and shall
include a note that city staff shall be notified before dewatering occurs.
Environmental Resources
1. The applicant shall revise the landscape plan to show any existing trees to be preserved.
2. The applicant shall plant a minimum of 28 trees on the site.
Fire
1. Separate addresses for ALDI and Venue buildings are required.
Planning
1. The applicant shall develop an alternate plan to provide residents of the apartment a view
of the camouflaged or alternative roof.
2. The applicant shall incorporate additional benches, bike rakes and possibly picnic/cafe
tables around the site.
3. Signage shall comply with the CBD sign regulations. A separate sign permit shall be
required for each sign.
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
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Planning Commission Summary – June 20, 2017
APPROVAL OF MINUTES: Yusuf noted the verbatim and summary Minutes of the Planning
Commission meeting dated June 6, 2017 as presented.
COMMISSION PRESENTATIONS. None.
ADMINISTRATIVE PRESENTATIONS. Kate Aanenson provided an update on City
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Council action taken at their June 12 meeting and discussed future Planning Commission
th
agenda items. Alyson Fauske announced that the July 18 Planning Commission meeting will
be her last meeting with the City as she is taking a position with a private consulting firm.
Yusuf moved to adjourn the meeting. The motion was non debatable. All voted in favor
and the motion carried unanimously with a vote of 7 to 0. The Planning Commission
meeting was adjourned at 11:20 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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