PC SUM 2018 01 02
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
JANUARY 2, 2018
Chairman Aller called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Andrew Aller, Steve Weick, Nancy Madsen, John Tietz, and Mark
Randall
MEMBERS ABSENT: Mark Undestad
STAFF PRESENT: Kate Aanenson, Community Development Director; Paul Oehme, City
Engineer/Public Works Director; Bob Generous, Senior Planner; MacKenzie Walters, Planner;
and Vanessa Strong, Water Resource Coordinator
PUBLIC PRESENT:
Nathan & Daryl Kirt 50 Hill Street
Howard Anderson 3613 Red Cedar Point Road
Brianna & Wyatt Kirt 50 Hill Street
Dave & Mike Tompt 16994 Tremdar Lane, Eden Prairie
Linda Scott & Sue Morgan 4031 Kings Road
Debbie Lockhart 3618 Red Cedar Point Road, Excelsior
Steve Gunther 3628 Hickory Road, Excelsior
PUBLIC HEARING:
3617 RED CEDAR POINT ROAD – VARIANCE FOR HARD COVER, LAKE SETBACK
AND FRONT SETBACK TO BUILD A HOUSE.
MacKenzie Walters presented the staff report on this item. Commissioner Tietz asked about
construction parking. Chairman Aller asked about off street parking. The applicant Todd
Jackson addressed the issues of construction parking and off street parking. Chairman Aller
opened the public hearing. Debbie Lockhart, 3618 Red Cedar Point Road expressed concern
over snowplowing. Steve Gunther, 3629 Hickory Road expressed concern over the front yard
setback and that the hard cover variance that will affect lake quality. Chairman Aller closed the
public hearing. After comments from commission members the following motion was made.
Weick moved, Randall seconded that the Chanhassen Board of Appeals and Adjustments
approves an 11.5 foot front yard setback, a 22.1 foot lakeshore setback, and an 11 percent
lot coverage variance, subject to the following conditions of approval and adopts the
attached Findings of Fact and Decision:
Planning Commission Summary – January 2, 2018
1. The applicant must apply for and receive a building permit.
2. A title search for the property should be conducted to ensure any/all existing easements
are documented.
3. A new 1”=20’ scale survey should be provided as part of the building permit application
clearly showing the proposed setbacks and lot coverage for the proposed house and
structures.
4. At least one tree must be planted in the front yard, if one is not present after construction.
5. Tree protection fencing must be properly installed at the edge of the grading limits across
the entire south side. This must be done prior to any construction activities and remain
installed until all construction is completed. Any trees lost to construction activities
beyond those indicated in the tree removal plan shall be replaced.
6. No equipment may be stored within the tree protection area.
7. Appropriate tree protection measures must be taken to protect the rear yard ash from
Emerald Ash Borer.
8. The 162 square foot rear patio area is understood to be the property’s water oriented
structure.
9. Lot coverage may not exceed 3,319 square feet.
10. The proposed rear patio and driveway areas must be constructed using pervious paver
systems.
11. A permanent 20 foot native vegetated buffer must be installed along the shoreline using
species native to the ecotype with permanent buffer monuments. The buffer may work
around the path and stairs. The buffer must be designed and installed by an experienced
professional in native shoreline restoration. Design plan must be approved by the Water
Resource Coordinator.
12. The property owner must work with Minnehaha Creek Watershed District to identify and
implement any shoreline restoration projects that would improve ecosystem health and
function. Replace riprap with bioengineering solutions is one example.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
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Planning Commission Summary – January 2, 2018
PUBLIC HEARING:
7052 MINNEWASHTA PARKWAY – VARIANCES INCLUDING FRONT YARD
SETBACK, WETLAND BUFFER SETBACK AND WETLAND BUFFER WIDTH.
Bob Generous and Vanessa Strong presented the staff report on this item. The applicant Daryl
Kirt provided background information on what has transpired on his property over the last 30
years. Nathan Kirt asked for clarification of comments made in the staff report. Chairman Aller
opened the public hearing. Sue Morgan, 4031 Kings Road discussed the issue of beavers
damming up the culvert and causing Lake St. Joe’s water level to fluctuate and asked who is
responsible for removing debris that has accumulated from clearing the culvert. Chairman Aller
closed the public hearing. After comments from commissioners the following motion was made.
Madsen moved, Tietz seconded that the Chanhassen Planning Commission acting as the
Board of Adjustment and Appeals approves a 10 foot wetland buffer variance, requiring a
40 foot wetland buffer, and a 30 foot buffer setback variance, requiring a 20 foot wetland
buffer setback, with a 10 foot wetland buffer setback for accessory structures subject to the
following conditions and adoption of the Findings of Fact and Decision:
1. A complete grading, drainage and erosion control plan shall be submitted as part of the
building permit application process.
2. Erosion control shall be installed outside the wetland buffer area prior to any on site
construction activity.
3. The delineated wetland edge required wetland buffer and structure setbacks shall be
shown on the building permit survey.
4. Wetland buffer signs shall be installed at the front building setbacks and at each turn in
the wetland buffer for a total of five signs prior to any construction.
5. Any impact to the wetland buffer shall be restored to the satisfaction of the City of
Chanhassen prior to the issuance of a certificate of occupancy.
6. The applicant shall obtain all required permits from review agencies with jurisdictional
authority.
All voted in favor, except Commissioner Weick who opposed, and the motion carried with
a vote of 4 to 1.
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531 WEST 79 STREET – PANERA SITE PLAN REVIEW.
Bob Generous presented the staff report on this item. Commissioner Randall asked about
limiting the use of EIFS. Commissioner Madsen expressed concern with the shared parking.
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Planning Commission Summary – January 2, 2018
Paul Oehme discussed highlights of the traffic study that was prepared by the applicant. Alan
Catchpool with CEI Engineering and Dan Cook, Senior Design Manager for Panera outlined
their proposal and design elements. Chairman Aller opened the public hearing. No one spoke
and the public hearing was closed.
Tietz moved, Randall seconded that the Chanhassen Planning Commission approve the site
plan for a 4,500 square foot, one-story restaurant with drive through facilities, plans
prepared by CEI Engineering Associates, Inc. dated revised 11/30/17, subject to the
following conditions, and adopts the Findings of Fact and Recommendations:
Building:
1. The building is required to have an automatic fire extinguishing system.
2. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3. Sanitary and storm sewer service must comply with Minnesota State Plumbing Code (see
Table 701.1).
4. Detailed occupancy related requirements will be addressed when complete building plans are
submitted.
5. The owner and or their representative shall meet with the Inspections Division as soon as
possible to discuss plan review and permit procedures.
Engineering:
1. The plans shall be signed and sealed by a Professional Engineer licensed in the State of
Minnesota prior to recording the site plan agreement.
2. Provide perimeter drainage and utility easements were none exist concurrent with
recording the site plan agreement.
3. The applicant must move any feature out from within the City’s drainage and utility
easement, including both bioretention basins or the applicant must enter into an
encroachment agreement with the City after, but concurrent to the site plan agreement.
4. An additional drainage and utility easement shall be recorded over the two bioretention
basins concurrent with recording the site plan agreement.
5. Soil boring locations shall be shown on the grading plan prior to site grading.
6. Indicate finished floor elevation of the adjacent parcel to the east prior to site grading.
7. Provide existing and proposed elevations at each lot corner, top of curb or centerline of
the roadway at each lot line extension, center of the proposed driveway at the curbline,
and indicate the proposed driveway grade prior to site grading.
8. Indicate information to verify the lowest building opening is a minimum of 1-foot above
the emergency overflow elevation of the bioretention basins prior to site grading.
9. Identify soil stockpile areas intended within the site limits prior to site grading.
10. Address review comments identified in the attached letter from MnDOT prior to site
grading.
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Planning Commission Summary – January 2, 2018
11. Provide Limited Use Permit (LUP) for the public sidewalk connection prior to recording
the site plan agreement.
12. Applicant shall utilize the City’s standard detail for the sidewalk connection prior to site
grading.
13. Staff has requested further traffic analysis to include the Market Blvd intersection prior to
review for City Council consideration.
14. The applicant’s engineer shall also examine ways to mitigate the queueing and decreased
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LOS at the W 79 Street & Great Plain Blvd intersection prior to review for City Council
consideration.
15. The applicant’s engineer shall verify whether an adequate sight line is provided for
vehicles exiting the site access prior to review for City Council consideration.
16. Prior to review for City Council consideration, the traffic analysis report shall further
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discuss recommendations for the timing of improvements to the W 79 St & Great Plains
Blvd intersection. The recommended ¾ intersection shall include a figure in the
Appendix showing the proposed design. Further commentary shall be included related to
its operation.
17. Plans shall show the current City detail plates and indicate all of the most up-to-date
plates shall be used when the project under construction.
18. The storm sewer piping shall be included on the utility plan prior to recording the site
plan agreement.
19. Plan shall include the bioretention basin details with elevations prior to site grading.
20. Recommend applicant review the design for the on-site hydrant. From a long term
perspective, the hydrant should be fed by the water service to the parcel it serves.
Coordinate with the adjacent property owner to abandon un-necessary water pipe.
Otherwise, a maintenance agreement between the two parcels shall be filed to define
future maintenance responsibilities and other important business protection aspects prior
to site grading.
21. Utility plan indicates 0.87% for the sanitary sewer grade. Revise plan to increase grade
to a minimum of 1% prior to site grading.
22. Sanitary sewer service shall be routed the nearest sanitary manhole to facilitate sewer
cleaning due to the zoning classification and proposed property use. Prior to site grading,
revise the plan to show the existing sanitary service connection to the main shall be
abandoned. A short liner shall be used in the sanitary main and the pipe shall be filled
with flowable fill or non-shrink grout to the property line. The line shall be capped at the
property line.
23. Staff recommends C900 PVC water main pipe material be considered.
24. Recommend testing requirements for the utility piping be considered with the utility
design. Install a new gate valve at the property line where the new water service piping
ties into the existing service piping.
25. Provide details on the plans for the grease trap prior to site grading.
26. Demolition plan shall include removal of existing service piping to the connection
locations prior to site grading.
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Planning Commission Summary – January 2, 2018
27. The applicant shall coordinate with City staff prior to removal or construction of the
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services regarding inspection and traffic control on W 79 Street prior to site grading.
28. Once construction is complete, the applicant shall retain ownership of the proposed
sanitary service, water service and hydrant constructed on this property. Recommend
applicant consider flushing of the water service piping when selecting the location for the
hydrant.
29. The applicant shall follow the accessibility code for the construction as well as all
applicable State and Federal laws.
30. The applicant shall obtain permits from all applicable agencies which may include, but is
not limited to the MPCA, MnDOT, Riley Purgatory Bluff Creek Watershed District, etc.
Environmental Resources:
1. The applicant shall revise the landscape plan to accommodate more of the required
bufferyard trees in the south buffer yard area.
2. The interior width of all landscape islands and peninsulas containing trees must be a
minimum of 10 feet. The east island shall be enlarged to a minimum interior width of 10
feet.
3. Any existing trees scheduled to be preserved that are lost due to construction activities
shall be replaced.
4. The Colorado spruce listed in the Plant Schedule shall be replaced with Black Hills
spruce.
5. Existing ash trees that are preserved must be treated for EAB, as approved by the city.
Failure to treat the trees, resulting in their death, will require replacement trees to be
planted.
Planning:
1. The applicant shall enter into a site plan agreement with the city and provide the
necessary security to guarantee erosion control, site restoration and landscaping.
2. A copy of the cross access/parking agreement shall be submitted to the city.
3. Wall lighting and the trash enclosure lighting shall comply with city code.
4. The proposed monument sign shall be relocated on the site to comply with city code.
5. Signage shall comply with city code and requires separate sign permits for each sign.
6. Bike racks shall be incorporated on site near the access sidewalk from Highway 5.
7. The building elevations shall be revised to incorporate additional window openings in the
bare expanses of the north, west and south walls.
8. The applicant is proposing two color bricks for the building material: tan and brown.
The soldier course of brick above the doors and windows shall incorporate the darker
colored brick to accent the windows.
9. Brick veneer may not be painted. EIFS may only be used as an accent material and may
not cover more than 15 percent of the wall area.
10. Additional rooftop treatments shall be provided above the building entrance.
11. Final architectural details shall be revised and approved prior to City Council review.
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Planning Commission Summary – January 2, 2018
Water Resources:
1. Six inches of topsoil is required and will be verified by city staff. In grading notes on
page C3 it states 4 inches.
2. Topsoil needs to be specified.
3. Sequencing of Construction identifies no. 5 as to construct the temporary sedimentation
and sediment trap, but nowhere in the grading plan is it identified. Plans should identify
the bio-filtration basins be graded to be used as temporary sediment basin, along with
temporary outlets to allow stormwater to be pumped and drained too, during construction
of the site.
4. A design and planting plan approved by the Water Resources Coordinator is required for
this high visibility location. Seed mix is insufficient for these vegetated basins. You must
use species native to the ecoregion.
5. Sock should be eliminated from drain tile. Buckshot and or pea rock to surround
underdrain pipe.
6. Underdrain tile needs to be identified. Should be a HDPE Corrugated perforated plastic
tile. SCH 35, 40 PVC pipe is not allowed for underdrain.
7. Tile in bio-filtration basin needs to be placed on a minimum grade of 0.5 percent.
8. Plan details need to show a profile of the bio-retention basin with the grade of the tile
placement.
9. All quantities of materials to be used, and specifications need to be identified on plan
sheet for contractor to bid and to construct.
10. Mixed D soil may not be used. We only use 75 percent washed sand and 25 percent leafy
compost.
11. Bio-filtration basin should be identified in sequencing that it should not be completed
until all surrounding watershed to basins are stabilized.
12. City staff to be called, and be on site when contractor is installing bio-filtration basin to
make sure the existing subsoil is scarified 18 inches below surface in bio-filtration basin
13. Contractor to have written statement as part of the pre-construction meeting, the means
and method of how they plan to scarify and protect the subsurface from compaction in
the bio-retention basin.
14. An approved operation and maintenance plan is required for all stormwater treatment
devices. Including contact information for person(s) responsible for maintenance as well
as person(s) performing onsite inspection and maintenance duties. The city must approve
operation and maintenance plans prior to permits being issued.
15. The city will hold the security on the project until vegetation is well established and the
planting is free of weeds. This may take a few growing seasons to achieve.
16. An additional drainage and utility easement shall be recorded over the drainage basins
located west and south of the parking lot.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
APPROVAL OF MINUTES: Commissioner Madsen noted the verbatim Minutes of the
Planning Commission meeting dated December 5, 2017 as presented.
COMMISSION PRESENTATIONS. None.
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Planning Commission Summary – January 2, 2018
ADMINISTRATIVE PRESENTATIONS. Kate Aanenson provided an update on City
Council action taken by the City Council at their December 11, 2017 and December 18, 2017
meetings and discussed future Planning Commission agenda items.
Commissioner Weick moved to adjourn the meeting. All voted in favor and the motion
carried unanimously with a vote of 5 to 0. The Planning Commission meeting was
adjourned 9:15 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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