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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. 2 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. TH 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. 3 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. 4 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 th 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 th 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. 5 Planning Commission Summary – January 2, 2018 27. The applicant shall coordinate with City staff prior to removal or construction of the th 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. 6 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. 7 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 8