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Agenda and PacketAGENDA  CHANHASSEN PLANNING COMMISSION TUESDAY, OCTOBER 2, 2018, 7:00 PM CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD A.CALL TO ORDER B.NEW BUSINESS C.PUBLIC HEARINGS 1.Glendale Drive Subdivision Request with Variance D.APPROVAL OF MINUTES 1.Approval of Planning Commission Minutes dated September 18, 2018 E.COMMISSION PRESENTATIONS F.ADMINISTRATIVE PRESENTATIONS 1.City Council Action Update 2.Future Planning Commission Items G.CORRESPONDENCE DISCUSSION H.ADJOURNMENT I.OPEN DISCUSSION NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m. as outlined in the official by­laws.  We will make every attempt to complete the hearing for each item on the agenda.  If, however, this does not appear to be possible, the Chairperson will notify those present and offer rescheduling options.  Items thus pulled from consideration will be listed first on the agenda at the next Commission meeting. PLANNING COMMISSION STAFF REPORT Tuesday, October 2, 2018 Subject Glendale Drive Subdivision Request with Variance Section PUBLIC HEARINGS Item No: C.1. Prepared By Sharmeen Al­Jaff, Senior Planner File No: PC 2018­13 PROPOSED MOTION: "The Chanhassen Planning Commission recommends approval of the preliminary plat to subdivide 2.14 acres into five lots and one outlot and a variance to allow a 50­foot public right­of­way (ROW) as shown in plans stamped Received August 29, 2018 subject to the conditions of approval, and adopts the Findings of Fact and Recommendation." SUMMARY OF REQUEST The applicant is requesting to subdivide 2.14 acres into five lots for single­family detached housing. The property is located at the southwest intersection of Minnewashta Parkway and Glendale Drive. Access to the site is proposed via Glendale Drive. Sewer and water is available to the site. The property is zoned Single­Family Residential, RSF. APPLICANT Perry Ryan, Lake West Development, LLC and Martin & Joyce Foy. SITE INFORMATION PRESENT ZONING:  RSF, Residential Single­Family District LAND USE:Residential Low Density (1.2 ­ 4.0 units/net acre) ACREAGE:  2.14 acres  DENSITY:  2.39 units per acre gross, 2.34 units per acre net  APPLICATION REGULATIONS Chapter 18, Subdivisions Sec. 18­22. ­ Variances Sec. 18­57. ­ Streets(a) Sec. 18­60. ­ Lots(f) Chapter 20, Article XII, RSF District PLANNING COMMISSION STAFFREPORTTuesday, October 2, 2018SubjectGlendale Drive Subdivision Request with VarianceSectionPUBLIC HEARINGS Item No: C.1.Prepared By Sharmeen Al­Jaff, Senior Planner File No: PC 2018­13PROPOSED MOTION:"The Chanhassen Planning Commission recommends approval of the preliminary plat to subdivide 2.14 acres intofive lots and one outlot and a variance to allow a 50­foot public right­of­way (ROW) as shown in plans stampedReceived August 29, 2018 subject to the conditions of approval, and adopts the Findings of Fact andRecommendation."SUMMARY OF REQUESTThe applicant is requesting to subdivide 2.14 acres into five lots for single­family detached housing. The property islocated at the southwest intersection of Minnewashta Parkway and Glendale Drive. Access to the site is proposed viaGlendale Drive. Sewer and water is available to the site. The property is zoned Single­Family Residential, RSF.APPLICANTPerry Ryan, Lake West Development, LLC and Martin & Joyce Foy.SITE INFORMATIONPRESENT ZONING:  RSF, Residential Single­Family DistrictLAND USE:Residential Low Density (1.2 ­ 4.0 units/net acre)ACREAGE:  2.14 acres DENSITY:  2.39 units per acre gross, 2.34 units per acre net APPLICATION REGULATIONSChapter 18, SubdivisionsSec. 18­22. ­ VariancesSec. 18­57. ­ Streets(a) Sec. 18­60. ­ Lots(f) Chapter 20, Article XII, RSF District BACKGROUND See attached staff report. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: “The Chanhassen Planning Commission recommends approval of the preliminary plat to subdivide 2.14 acres into five lots and one outlot and a variance to allow a 50­foot public right­of­way as shown in plans stamped Received August 29, 2018 subject to the conditions of approval, and adoption of the Findings of Fact and Recommendation.” ATTACHMENTS: Staff Report Findings of Fact Development Review Application and Narrative Email from Perry Ryan dated 8­29­18 Preliminary Plat Sheets stamped August 29, 2018 Stormwater Maintenance Agreement Email from Jeff Kertson dated 9­26­18 Public Hearing Notice and Affidavit of Mailing List CITY OF CHANHASSEN PC DATE: August 7, 2018 October 2, 2018 CC DATE: October 22, 2018 REVIEW DEADLINE: October 27, 2018 CASE #: 2018-13 BY: SJ, GB, TH, DN, JA, VS, JS SUMMARY OF REQUEST: Subdivision of 2.14 acres into five lots and one outlot and a variance to allow a 50-foot ROW. LOCATION: Southwest intersection of Minnewashta Parkway and Glendale Drive. APPLICANT: Perry Ryan Martin J. & Joyce Foy Lake West Development, LLC P.O. Box 2804 14525 Highway 7, Suite 265 Kirkland, WA 98083 Minnetonka, MN 55345 Perry@lwestdev.com (952) 221-3700 PRESENT ZONING: RSF, Residential Single-Family District 2030 LAND USE PLAN: Residential Low Density (1.2 – 4.0 units/net acre) ACREAGE: 2.14 acres DENSITY: 2.39 units per acre gross, 2.34 units per acre net LEVEL OF CITY DISCRETION IN DECISION-MAKING: 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 it 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 variance is limited to whether or not the proposed project meets the standards in the Subdivision Ordinances for variances. 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. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSED MOTION: “The Chanhassen Planning Commission recommends approval of the preliminary plat to subdivide 2.14 acres into five lots and one outlot and a variance to allow a 50-foot public right-of- way (ROW) as shown in plans stamped Received August 29, 2018 subject to the conditions of approval and adopts the findings of fact and recommendation.” Planning Commission Glendale Drive Homes – Planning Case 2018-13 October 2, 2018 Page 2 of 12 APPLICABLE REGULATIONS Chapter 18, Subdivisions Sec. 18-22. – Variances Sec. 18-57. - Streets (a) Sec. 18-60. - Lots(f) Chapter 20, Article XII, RSF District PROPOSAL/SUMMARY The applicant is requesting to subdivide 2.14 acres into five lots for single-family detached housing. The property is located at the southwest intersection of Minnewashta Parkway and Glendale Drive. Access to the site is proposed via Glendale Drive. Sewer and water is available to the site. The property is zoned Single-Family Residential, RSF. BACKGROUND On August 7, 2018, the Planning Commission reviewed and tabled action on this application. There were multiple issues that were of concern to staff. The applicant was directed by the Planning Commission to address these issues and resubmit the plans for review and approval. Some of the issues were addressed. Background from the previous staff report remains below. In 1988, the City approved the final plat for Stratford Ridge with conditions. A temporary cul-de-sac was stubbed to the north to insure the road extends to connect with Glendale Drive and provide access to the properties to the north. In 1990, the City approved the final plat for Country Oaks. Outlot A was created with the intent to combine it with the property to the Planning Commission Glendale Drive Homes – Planning Case 2018-13 October 2, 2018 Page 3 of 12 e east at the time of development. That outlot was tax forfeited and reverted to the city. This outlot serves no public interest and will be combined with the property to the east. ISSUES In reviewing this application, staff examined the surrounding area and potential future subdivision of adjoining properties. Some of the elements that are reviewed include access, sewer, water, stormwater, grading, etc. STREETS The developer did not elect to address the previously identified conditions related to incorporating a thru street into the design or performing an intersection analysis. Staff analysis from the previous report is included below. The development does not incorporate a thru street stub to facilitate the extension of Stratford Ridge to Glendale Drive. In the pre-application consultation, the developer was requested to incorporate a thru street into their design. In addition, the developer was requested to perform an intersection analysis at the intersection of Glendale Drive and Leslee Curve to facilitate this plan Planning Commission Glendale Drive Homes – Planning Case 2018-13 October 2, 2018 Page 4 of 12 and provide a recommendation to help determine the best fit for the street connection in conjunction with the lot divisions. This information was not provided and the developer is proposing to plat five lots without accommodation for a thru street. Engineering staff recommends the layout be revised to accommodate the future development of the two lots to the south as required by city code 18-57 (a) and 18-60(f). The existing cul-de-sac bubble to the south on Stratford Ridge was originally intended to be temporary. It was planned to be removed and relocated to the north when Stratford Ridge was extended in the future until the street could eventually connect to Glendale Drive. The current length of this cul-de-sac is approximately 782 feet in length as measured from the centerline of Minnewashta Parkway and along Stratford Lane, Stratford Boulevard and Stratford Ridge to the center of the existing cul-de-sac (reference Exhibit No. 1). The maximum cul-de-sac length per Section 18-57 (k) in the city code is 800 feet. Hence, it is not feasible (without an approved variance) for the cul-de-sac to permanently extend and stop at the lot to the south of the proposed development as the developer is intending because the cul-de-sac length would not meet city code. The Fire Marshal also reviewed and commented on the proposed plan. The Fire Department is opposed to recommending the current plan be allowed to move forward as designed without a thru street extension. MN Fire Code (2015 edition), which the city has adopted, states any fire access road over 750 feet requires special approval. The Fire Marshal’s recommendation for the best result for emergency responders would be to have a street platted to extend all the way through to connect to Stratford Ridge. This would allow more efficient and safer vehicle access and egress from this area to properly serve the community. The addition of new single-family homes along with the extension of Stratford Ridge cul-de-sac would be a hindrance for first responder vehicles. The review also identified the current cul-de-sac does not meet current fire code which requires a 96-foot diameter or a 120-foot hammerhead turnaround. Additionally, Section 20-5 of the city code designates Minnewashta Parkway as a collector roadway. Minimizing vehicular access points to collector roadways is a priority for the city from a vehicular and pedestrian safety perspective. This ¼ mile separation requirement is established by Section 18-57(l) in the city code. Eventual removal of the existing three accesses to Minnewashta Parkway is a long-term benefit to the city as these properties would be able to have access off an extension of Stratford Ridge. Lastly, if the development was constructed without provision for a thru street, the decision would burden the two properties to the south of the proposed development parcel with loss of additional land unfairly as the entire cul-de-sac area would have to be shared by those two properties. A thru street shares the right-of-way dedication between all of the parcels fairly and equally. WATER RESOURCES Grading/Drainage The proposed development grading is similar to the predevelopment conditions. The western half of the site drains primarily from the north to the south and the eastern half of the site drains from Planning Commission Glendale Drive Homes – Planning Case 2018-13 October 2, 2018 Page 5 of 12 the northwest to the southeast. The lowest elevation is along the eastern side of the site. Currently, existing runoff from the property is significantly intercepted and dispersed by thick vegetation. Erosion Prevention and Sediment Control The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). The applicant shall prepare a Surface Water Pollution Prevention Plan (SWPPP) and submit it to the city for approval prior to issuance of any grading permits or the commencement of any earth disturbing activities. This SWPPP shall be consistent with the NPDES Construction Permit and shall contain all required elements including: 1. Final excavation (or w/in 3 feet) for infiltration/filtration basins must not occur until drainage area is fully stabilized. 2. Pretreatment devices for all infiltration/filtration basins. 3. Adequate, permanent, maintenance access. 4. Minimum of three feet of separation between the infiltration/filtration basin bottom and seasonally high water table. Impermeable liner if less than three feet of separation. 5. Soils investigation information within the perimeter of each infiltration/filtration basin. 6. Plans for a stabilized discharge point for water quality volume that cannot infiltrate within 48 hours. Stormwater Management The applicant proposes five individual raingardens recorded individually against each lot. This is not acceptable to the city as it does not meet code requirements for emergency overflow routes, maintenance access, nor adequately provide for permanent operation, maintenance, and a funding mechanism to ensure stormwater treatment devices are maintained to function as designed in perpetuity. There have been significant issues in the city where operation and maintenance requirements were recorded against a single property. Staff recommends an HOA be required with a detailed funding mechanism as the responsible entity for permanent operation and maintenance. Staff recommends an EOF only be approved at an elevation one foot below the low floor opening of the adjacent property, and that the applicant work with staff and the adjacent property owner to ensure the EOF route does not create a public nuisance. Potential compliant options could include a treatment train, or single basin in the southeast corner of the site. Staff also recommends permanent BMPs be designed and installed to connect to a future regional pond south of the property without significantly altering the grading, drainage, installed utilities, or removal/relocation of primary structures, accessory structures, and driveways. Planning Commission Glendale Drive Homes – Planning Case 2018-13 October 2, 2018 Page 6 of 12 This site lies within the boundaries of the Minnehaha Creek Watershed District and is subject to their stormwater management requirements, development review and permitting. Chanhassen’s MS4 permit was re-issued in 2014. Part III.D.5 states that each MS4 is required to develop local controls that require new developments, in excess of one acre, to have no net-increase in stormwater discharge volume nor any increase in TP and TSS from predevelopment conditions. Under the new NPDES – Construction Permit, the new NPDES – Municipal Separate Storm Sewer permit and the Minnehaha Creek Watershed District rules, the applicant must meet the abstraction requirements of one inch of runoff from all new impervious surfaces. With all subdivisions, stormwater utility connection fees are collected. These fees are based upon development type, area, and treatment. Fees are used to maintain storm sewer infrastructure and to construct water quality improvement projects. The applicant has stated they will provide complete stormwater calculations at the time of formal submittal. Stormwater fees will be calculated once calculations have been received. It is the policy of the City of Chanhassen to provide a credit for Water Quality fees equal to 50% of the base rate times the area treated provided it, at a minimum, meets the National Urban Runoff Program (NURP) recommendations. SUBDIVISION The applicant is proposing to subdivide 2.14 acres into five lots and one outlot. The lots are proposed to be served via Glendale Drive. The existing parcel has a finger that extends over Country Oaks Drive and the area west of the existing street. The applicant is proposing to dedicate the ROW for country oaks. Staff suggests the applicant communicate with the property owner adjoining Outlot A to incorporate it into their lot. Planning Commission Glendale Drive Homes – Planning Case 2018-13 October 2, 2018 Page 7 of 12 LANDSCAPING AND TREE PRESERVATION The applicant for the Glendale Drive Homes development did not submit tree canopy coverage and preservation calculations. Staff estimated as follows: Total upland area (excluding wetlands) 93,296 SF Baseline canopy coverage 72% or 67,929 SF Minimum canopy coverage required 46% or 42,916 SF Proposed tree preservation 5% or 5,445 SF The developer does not meet minimum canopy coverage for the site; therefore, the applicant must bring the canopy coverage on site up to the 46% minimum. The difference between the required coverage and the remaining coverage is multiplied by 1.2 for total area to be replaced. One tree is valued at 1,089 SF. Minimum required 42,916 Less canopy preserved 5,445 Minimum canopy coverage to be replaced 37,471 SF Multiplied by 1.2 44,965 Divided by 1089 = Total number of trees to be planted: 41 trees The applicant did not submit a landscape plan. The development is required to install a buffer yard along Minnewashta Parkway. Landscaping Item Required Proposed Bufferyard B – Minnewashta Parkway, 110’ 2 Overstory trees 3 Understory trees 5 Shrubs 0 Overstory trees 0 Understory trees 0 Shrubs In addition to the buffer yard and replacement plantings, a minimum of one tree is required to be planted in each front yard. COMPREHENSIVE PARK PLAN The city’s comprehensive park plan calls for a neighborhood park to be located within one-half mile of every residence in the city. The proposed Glendale Drive is wholly located within the Roundhouse Park neighborhood park service area. Roundhouse Park features the following amenities: swimming beach, playground, swings, picnic shelter, fishing pier, tennis court, four pickleball courts, basketball court, skating rink, open play field, trails and parking area. Roundhouse Park Planning Commission Glendale Drive Homes – Planning Case 2018-13 October 2, 2018 Page 8 of 12 COMPREHENSIVE TRAIL PLAN The city’s comprehensive trail plan calls for public parks to be connected to neighborhoods through a combination of sidewalks and trails. The proposed Glendale Drive is connected by sidewalk to Roundhouse Park and the Minnewashta Parkway pedestrian trail. This existing trail should be protected and maintained in an open condition throughout the subdivision development and housing construction. COMPLIANCE TABLE RSF Setbacks: Front: 30 feet, Side: 10 feet, Rear: 30 feet VARIANCE The variance is recommended by staff. City Code requires a 60-foot ROW. The surrounding area and the ROW within Stratford Ridge is 50 feet wide. Approval of the variance will allow the street to blend in with the surrounding neighborhood. This street will provide future access to the property located south of the subject site. Ultimately, two existing access points to Minnewashta Parkway will be eliminated. As a result of adding this connection, the lot lines within this subdivision will shift. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: “The Chanhassen Planning Commission recommends approval of the preliminary plat to subdivide 2.14 acres into five lots and one outlot and a variance to allow a 50-foot public right-of- way as shown in plans stamped Received August 29, 2018, subject to the following conditions and adoption of the findings of fact and recommendation.” Lot Area (sq. ft.) Lot Width Lot Depth 25 %Maximum Site Coverage (sq. ft.) Code (RSF) 15,000 90 125 3,750 Lot 1 18,646 123 150 4,661.5 Lot 2 16,950 113 150 4,237.5 Lot 3 16,950 113 150 4,237.5 Lot 4 15,729 138.16 131 3,932.25 Lot 5 15,030 156 112 3,757.5 Outlot A 1,731 Total 100,036 Planning Commission Glendale Drive Homes – Planning Case 2018-13 October 2, 2018 Page 9 of 12 SUBDIVISION Engineering: 1. Incorporate provision for a thru street into the site design. 2. Provide utility design to extend sanitary sewer and water main design as part of a thru street. 3. Provide ROW over the entirety of the trail along the west side of Minnewashta Parkway. (The site plan indicates the eastern property line will comply with Condition #3 but the concern identified in Condition #4 in relation to the existing survey was not addressed. Therefore, Condition #3 remains as previously indicated.) 4. The survey of existing conditions does not indicate ROW between Glendale Drive and to the south for approximately 100 feet. (The survey does not correlate with Carver County’s property information which indicates right-of-way for the road section is in place but a portion of the bituminous trail on the west side of Minnewashta Parkway is not within the ROW.) 5. No stationing is shown in the plan set. 6. The drainage and utility easements are shown only on the plat. They should also be conveyed on the site plan. (D&U easements were added to the grading plan but not the site and utility plan.) 7. Indicate surface water drainage flow arrows on the grading plan. 8. Provide existing and proposed elevations at the following locations: each lot corner, top of curb or centerline of the street at each lot line extension, center of proposed driveway at the curb or edge of the roadway. 9. Additional conditions will be identified after the developer has an opportunity to revise the design based upon the current conditions that are considered to be major in nature as they will require significant changes to the design. Water Resources: 1. Private stormwater best management practices (BMPs) are not permitted in public drainage and utility easements. Private BMPs shall be located outside of public drainage and utility easements. 2. Easements for private stormwater treatment devices must be recorded against the properties using the city’s private stormwater easement template and approved by the City Engineer. Planning Commission Glendale Drive Homes – Planning Case 2018-13 October 2, 2018 Page 10 of 12 3. A Homeowners Association (HOA) encompassing all lots is required to ensure the technical expertise and a funding mechanism for the operation and maintenance of stormwater treatment devices is ensured in perpetuity. 4. Operation and maintenance of private stormwater BMPs is required in perpetuity. An operation and maintenance plan must be approved by the Water Resources Coordinator and recorded against the properties that details the HOA’s permanent inspection, maintenance, and funding mechanism that ensures stormwater BMPs will function as designed. 5. To ensure stormwater treatment devices function as designed, the developer is responsible for the operation, maintenance, and performance of all stormwater improvements including vegetation, structures, soils, inspections, and erosion/sediment control for the first five years after project completion. After the first five years, responsibility shall transfer to the HOA. The developer is responsible for ensuring all stormwater improvements are functioning as designed at the end of the first five years. If stormwater improvements are not functioning as designed at the end of the first five years, as determined by the City Engineer, than the developer shall remain responsible for all operation and maintenance until devices are functioning as designed. 6. Infiltration/filtration basins must be located a minimum of 10’ from the building envelope of any primary structure. 7. If an emergency overflow route is adjacent to the property the lowest building opening must be a minimum of one foot above the emergency overflow (City Code Sec. 19-144). Proposed EOF for lots 1-4 = 978.5’-978’. EOF route proposed onto adjacent property 6760 Minnewashta Parkway with lowest building opening approx. 976’ (window well). All EOFs routing onto this adjacent property must be 1’ below the lowest floor opening. Developer may provide a treatment train or single stormwater treatment device on Lot 5 to meet this requirement. 8. EOF routes shall not create a hazard or nuisance condition onto adjacent property (City Code Sec. 7-78). 9. SWPPP contact must be identified. 10. Developer must provide an erosion and sediment control plan, and dewatering plan approved by the Water Resources Coordinator. 11. Maximum impervious per lot is 25%. 12. All pervious surfaces require six inches of topsoil and 18 inches of decompaction. Topsoil shall be tested and approved by the Water Resources Coordinator. Planning Commission Glendale Drive Homes – Planning Case 2018-13 October 2, 2018 Page 11 of 12 13. The developer shall provide an updated Hydrocad model and stormwater management plan that is consistent with and supports the engineered plans and geotechnical report. 14. The geotechnical report identifies the presence of groundwater at 972 elevation on Lot 5 (SB-1). There must be three feet of separation between the bottom elevation of stormwater infiltration devices and the water table. Based on the geotechnical report, the bottom elevation for an infiltration basin on Lot 5 can be no lower than elevation 975. 15. The geotechnical report identifies moderately slow permeability of soils. Basins are proposed with 12” ponding depth suitable for well draining soils. Basins must be sized to allow no more than 6” of ponding depth and drawdown within 24-48 hours. 16. Soil borings and infiltration tests must be performed within the perimeter of all basin locations prior to final approval. 17. Design plans must be provided for all vegetated BMPs including contours, grading, inlet and outlet structures, underdrains, filtration media/amended soils, location and quantities of all species used. Ecotype must be native or approved native hybrid. 18. Details must be provided and approved for all stormwater treatment devices. 19. The proposed redevelopment requires Minnehaha Creek Watershed District (MCWD) development review and permits. 20. It is the applicant’s responsibility to ensure and submit proof that permits are received from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT, Carver County, MCWD, Board of Water and Soil Resources, PCA, etc.) prior to the City issuing permits. 21. Project must meet all stormwater requirements of the city and the MCWD. 22. Project will require stormwater management fees associated with city development review and permitting process. Fees can be estimated but cannot be accurately calculated until approvals have been received from the MCWD. 23. The site plan must identify the ability to install a future stormwater pipe that could connect the development to a regional pond southeast of the development. 24. The development must use Chanhassen Standard Specifications and Detail Plates. Planning Commission Glendale Drive Homes – Planning Case 2018-13 October 2, 2018 Page 12 of 12 Parks: 1. In lieu of parkland dedication and/or trail construction, full park dedication fees shall be collected at the rate in force at the time of final plat approval. At today’s rate, these fees would total $29,000 (five lots x $5,800 per lot). Environmental Resources Coordinator: 1. The minimum number of overstory trees required to be planted in the development is 41. 2. Tree preservation fencing shall be installed around existing trees to be saved prior to any construction activities and remain installed until completion. 3. The applicant shall install the required buffer yard plantings on Lot 5 along Minnewashta Parkway. ATTACHMENTS 1. Findings of Fact. 2. Development Review Application and Narrative. 3. E-mail from Perry Ryan dated August 29, 2018. 4. Preliminary Plat Sheets stamped Received August 29, 2018. 5. Stormwater Maintenance Agreement. 6. E-mail from Jeff Kertson dated September 26, 2018 7. Public Hearing Notice and Affidavit of Mailing List. g:\plan\2018 planning cases\18-13 glendale drive homes subdivision\staff report october 2.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Lake West Development, LLC for Subdivision approval. On October 2, 2018, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Glendale Drive Homes for preliminary plat approval of property into five lots and one outlot with a right-of-way variance. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single-Family Residential - RSF. 2. The property is guided in the Land Use Plan for Low Density Residential. 3. The legal description of the property is: See Attached Exhibit A 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven affects and our findings regarding them are: SUBDIVISION FINDINGS a. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single- Family District and the zoning ordinance if the conditions of approval are met. b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance if the conditions of approval are met. c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report. d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision will provide adequate urban infrastructure subject to the conditions specified in this report. e. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. f. The proposed subdivision will not conflict with easements of record; and Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate stormwater drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets if the specified conditions of approval are met. VARIANCE FINDINGS Sec. 18-22. Variances. The City Council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: 1) The hardship is not a mere inconvenience. Finding: The hardship is not a mere inconvenience. The 50-foot Right-of-Way will allow the street width to be consistent with streets in the surrounding area. 2) The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; Finding: The hardship is caused by the particular physical surroundings, shape and topographical conditions of the land. 3) The conditions upon which the request is based are unique and not generally applicable to other property. Finding: The conditions upon which the request is based are unique to this site and not generally applicable to other properties due to the fact that all streets in the immediate surrounding area have a width of 50 feet. 4) The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Finding: The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance, and comprehensive plan. The request, if granted, will allow the Right-of-Way to be consistent with the surrounding area. 5. The planning report #2018-13 dated October 2, 2018 prepared by Sharmeen Al-Jaff, et al is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Preliminary Plat. ADOPTED by the Chanhassen Planning Commission this 2nd day of October 2018. CHANHASSEN PLANNING COMMISSION BY:__________________________________ Its Chairman COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147 , Chanhassen, MN 55317 Phone: (952)227-1300 / Fax: (952)227-'1110 *crTYorcrrAttHAssltt (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) Ztr tr tr tr Comprehensive Plan Amendment ...... $600 E Minor MUSA line for failing on-site sewers..... $100 Conditional Use Permit (CUP) ! Single-Family Residence ........... .. $325 E lt others........ ........... $425 lnterim Use Permit (lUP) ! ln conjunction with Single-Family Residence.. $325 E Alt others........ ........... $425 Rezoning (REZ) ! Planned Unit Development (PUD).................. $750 E Minor Amendment to existing PUD................. $1 00 E rut others........ ........... $s00 Sign Plan Review....... . $150 Site Plan Review (SPR) n Administrative......... ...$100 E Commercial/lndustrial Districts* ... $500 Plus $10 per 1,000 square feet of building area: (_ thousand square feet) *lnclude number of existlno employees:*lnclude number of 4eq employees: E Residential Districts ... $500 Plus $5 per dwelling unit (- units) Subdivision (SUB) E Create 3 lots or less ............ ..$300 E Create over 3 lots .......................$600 + $15 per lot( 5 lots) ! tvtetes & Bounds (2lots) .$300 f] Consolidate Lots...... $150! Lot Line Adjustment.............. $150 I Final P1at............. .......$700 (lncludes $450 escrow for attorney costs)* .Additional escrow may be required for other applications through the development contract. Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) E Variance ! Wettand Alteration Permit (WAP) ! Single-Family Residence............................... $1 50 E ettothers........ ........ 5275 I Zoning Appeal ..........,..... $100 ! Zoning Ordinance Amendment (ZOA) $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. tr tr tr Z g tr $2oo Property Owners' List within 500' lcity to generate after pre-application meeting)............._:... $3 per address ( 70 addresses) Escrow for Recording Documents (check all that apply)......... . . $50 per document n Conditional Use Permit E lnterim Use Permit ! Site Plan Agreement E Vacation ! Variance f] Wetland Alteration Permit ! Metes & Bounds Subdivision (3 docs.) ! Easements (- easements) ! Deeds TOTAL FEE: u r./6b.uu Description of Proposal: Subdivide existing 2.14 Acre lot into 5 Single Family Lots, One Outlot and Public ROW. Property Address or Location:SW Corner ol Glendale Drive & Minnewashta Parkway Parcel#:250051 200 Legal Description: TotalAcreage:2.14 Wetlands Present? n Yes Z ruo Lengthy, See Survey Present Zoning: Single-Family Residential District (RSF) present Land Use Designation. Residential Low Density *"0,"!{#ffiEffimem*n, necueffifipfis,.:TEgry Residential District (RSF) Residential Low Density Existing Use of Property:Vacant Property ECheck box if separate narrative is attached.wN z s20fi _,,"r.rq>fltt fl.4lUUIlJ0 DfpI Section 1: Application Tvoe (check all that Section 2: Required lnformation APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. lf this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additionalfees may be charged for consulting fees, feasibility studies, etc. with an estimale prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are lrue and correcl. Name:Lake West Development, LLC Address:14525 Highway 7, Suite 265 (es2) 6s3-1359 Minnetonka, MN 55345 Contact: Phone: Perry Ryan City/State/Zip: Email: Cell: Fax: (9s2) 221-3700 (952)653-2198 Date:5t11t18 PROPERW OWNER: ln signing this application, l, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Contact: Phone: city/state/Zip: Kr Uct*.,t0, P4 79OgV cell: Fax: Sisnature: 56e *Tfncpta flttr' - I Dare: Ryan EngineeringName: 19655 Waterford Pl Contact: Phone: Perry Ryan (952)'221-3700Address: City/State/Zip: Email: Excelsior, MN 55331 Cell: Fax: (952) 221-3700 perry@ryanen gineers.com This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Who should receive copies of staff reports?*Other Contact !nformation: Via: E Email Via: E Email Via: ! Email Via: E Email tratrtr Property Owner Applicant Engineer Other* E naaileo Paper Copy n uaiteo Paper Copy ! uaieA Paper Copy n uaiteo Paper Copy City/State/Zip: Email: Name: Address: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. PRINT FORM SUBMIT FORM Section 3:Owner and lnformation Signature: Address: Section 4: Notification !nformation SAVE FORM uvuuurvr r Lr rYsrwlrE t9. t tL r , _vvrJv^v r var 9 LnltEUJEET 0runtoPMEnT, [[E AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRI PTION PARCET lD: 250051200 STREET ADDRESS: Address Unassisned, Glendale Drive, Chanhassen, MN 55331 PROPERTY 0WNER: MARTIN J & JOYCE FOY The undersigned registered property owner ofthe above noted property do hereby authorize Curt Fretham ol Loke West Development, LLC to act on my behalf and take all actions necessary for the submission, processing, issuance and acceptance of this application, permit or certification and any or all standard and special conditions attached. They shall be the principle contact in the processing of this application. Sincerely, DocuSigned byl DocuSigned by I b Itaayfir,,'" J.f oI MartinJ&JoyceFoy by. Fo,1 (address) (address) :+ lnrrlllEET lrurmpMEilT, u.E Preliminary & Final Plat - Narrative GLENDALE DRIVE HOMES 3800 Glendale Drive, Chanhassen, MN 55331 PID:250051200 June 29,2018 Overview Lake West Development, LLC requests Preliminary & Final Plat approvals in order to re- develop the property at the southwest corner of Glendale Drive and Minnewashta Parkway in Chanhassen, MN. This submittal proposes subdividing the property into 5 single family lots with no variances.k4 VP, Lake West Development, LLC Office: 952-653-1359 cnvKSEroBAssErrr JUN 2 g t,i6 ot4tft4sErtrrI[flGDPI Lake West Development I r4525 Highway 7, Suite u 55, Minnetonka, MN 55345 | Phone 952-93o-3ooo Preliminary & Final Plat - Narrative - GLENDALE DRIVE HOMES A. Contact lnformation Owner of Record Applicant MartinJ&JoyceFoy PO Box 2804 Kirkland, WA 98083 Perry Ryan, VP Lake West Development LLC, 14525 Highway 7, Suite 265 Minnetonka, MN 55345, Phone 952-930-3000 B. Site Data Address Zoning Parcel Size PID Description SW Comer of Glendale Drive & Minnewashta Pku/y Chanhassen. MN 55331 Residential Single Family 2.14 ac,es 93,236 sq. ft. Lot 1 = 18,646 sq. ft. Lot 2 = '16,950 sq. ft. Lot 3 = 16,950 sq. ft. Lot 4 = '15,729 sq. ft. Lot 5 = 15,030 sq. ft 250051200 See Preliminary Plat, Carver County, Minnesota. Abstract Property. C. Land Characteristics The property is relatively flat to slightly rolling with a slight slope to the West and East. There are no structures on the site. The property is treed, however the Eees are in poor condition, see letter from arborist. Curently the property has public roadway on 3 sides of th€ parcel and has existing sanitiary and water services stubbed to the property on the norlh sufllcient to serve the proposed homes. The proposal is to subdivide the existing 2.14 acfe parcel inlo 5 single family lots, one Outlot and Right ol Way dedacation lor Country Oaks Drive and Glendale Drive. Currently, these two right of way pieces are not dedicated and this project will resolve that issue. The project does not seek any variances and is proposing a density of approximately 2.3 dwelling units per acIe. Page 2 of 4 D. Description of tne P Preliminary & Final Plat - Narralive - GLENDALE DRIVE HOMES E, Tree Preservation The parcel is treed however the trces are in general poor condition per the attacted letter from Certified Arborist, Johnathon Heaton at Bartett Tree Experts. According to Mr. Heaton's inspection of the trees, "Most of the trees on the site are undesirable species (boxelder and ash) and have significant defects. ln my opinion, most of these lrees do not have a long life ahead of them." "There are a few good trees on the lot including a nice red oak and some blac'k walnuts, but the rest are not worth trying to preserve. They are not likely to have muc*t life left and will be a potential hazard.' (See attached complete lefter). Based upon Mr. Heaton's assessment, we have shown lhe complete tree tabulation of 89 f6es and 1,251 c€liper inches, and then also shown the liable" tsees of which there are 16 fees and 254.9 c€liper inch6s. A "viable" tree for this purpose is one defined as not having one of the following conditions: . Cavities or wounds at the base or on the trunk . Signilicant strucfural defects in the crown such as cavities and poor branch unions . Signs of general decline sucfi as dieback al the branch tips Of the viable trees on lhe site, we are proposing to preserve and save 205.9 caliper inches which equates to 81%. Of these saved, ftey include the redoakand black walnuts Mr. Heaton relers to. F. StormwaterManagement Per discussion wisl the City's Water Resources Coordinalor, we are proposing that each lot v,/ould have an infiltration pond constructed at the low point of each lot lo meet the current stormwater requirements. G. Home Design Proposed homes are planned to be one or two story homes with look-out or walk-out basements to work with the natural topography of the property- H. Ghost Plat to South we were asked lo prepare a "Ghost Plaf for the two parcels to the south of the prolect by staff. See graphic below. As shown by the graphic, the two parcels to lhe soulh have a viable option to develop by extending the cul-de-sac at Stratford Road. Page 3 of 4 GHOST PLAT TO SOUTH -9 O)gao 5 o 5 - -{'E -- - ---Gmrtalx -ffia;- t;.n,rft|lllDsa. -G*i*ft. altrym' ,Jaaffi. trytIfr. rff I It,tl i', " { $"rrliE: Al-Jaff, Sharmeen From: Sent: To: Cc: Subject: Attachments: Perry Ryan < Perry@lwestdev.com > Wednesday, August 29, 2018 3:09 PM Strong, Vanessa Al-Jaff, Sharmeen; Bender, George; Curt Fretham Glendale Drive Homes 08-31-2018 Preliminary Plans P-2.pdf; 08-31-2018 Preliminary Plans P-3.pdf; 08-31-2018 Preliminary Plans P-4.pdf; 08-31-2018 Preliminary Plans P-6.pdf; 08-31-2018 Preliminary Plans EOF Exhibit.pdf; DRAFT - Glendale Stormwater Maintenance Agreement.pdf Vanessa etal, Attached, please flnd a partially revised planset. We have modified the following, generally in order of items 1-17 in the staff report under Water Resources. 1. We have moved the infiltration basins outside of the D&U easements which area also now shown on the Grading Plan 2. We have modified the Building Setback Line so that infiltration basins are 10'min from this line 3. We have reviewed Section 19-144 of the Code which states "lf an emergency overflow route is adjacent to the property, the lowest building opening must be minimum one foot above the emergency overflow". When it says "the property", it is referring to the property on which the emergency overflow and the building share; the SAME property. Each property has its own emergency overflow. See attached Exhbiit showing the EOF on 6760 Minnewashta Parkway which displays that their low opening of 976 is more than one foot above that property's EOF adjacent to that structure. As an example of how the code is practically used, we are attaching page 5 of 11 of the Fawn Hill Grading Plan submittal. As this shows, the EOF for Lot 6 is at 973 (house opening at 974.4) and the adjacent downstream property has a low opening of 971.8. You will notice, however, that the downstream EOF of the adjacent property is 970.0 which is below the adjacent property low opening. 4. We have reviewed Section 7-78 ofthe Code and have shown the EOF routes on the attached Exhiblt. Further as the outlet from the infiltration basins travels, it will disburse naturally and will not create a hazard or nuisance condition to adjacent property. As mentioned by staff at the PC meeting properties "are allowed to send stormwater in the natural direction". We have strategically placed our infiltration basins at the natural low point of each lot so that the discharge, below pre-developed conditions, is at the same location at which our site discharged to the south property. Also as we have shown by the Hydrocad modeling, the discharge from our project will be less than the pre-existing conditions for the storm events modeled. 5. We plan on placing the infiltration BMP'5 in recorded easements against the property. We will also submit an O&M Plan as requested. Attached is a DRAFT of the Stormwater Maintenance Agreement for the project which discusses future homeowner responsibility. This document will be recorded against each lot in the development. lf it is deemed upon further review from the City's Attorney and our Attorney that this agreement needs to be with a Homeowner's Association (HOA), we will direct our attorney to work with the City Attorney to incorporate as appropriate. 6. The designation of Lake Virginia has been corrected don the SWPPP. 7. SWPPP contact will be ldentified prior to the grading permit per our discussion. 8. The maximum impervious area allowed shown on the table on P-2 has been corrected. 9. We will definitely reconcile the lot areas to be consistent in our formal re-submittal. 10. Per our discussion last week, we propose to over-excavate the infiltration ponds and create a "dry-well" under them consisting of 1.5" to 3" rock fill surrounded by filter fabric with sufficient volume to retain the water required for the 24-48 hour draw down. We will modify the pond sizing and provide detail on the formal submittal. 11. Per our discussion, we have added a line on the Site & Utllity Plan showing future storm pipe to regional pond. 12. lnfiltration tests will be a condition of final approval. 13. Vegetation plans of BMP's will be provided on finalconstruction plans. 14. MCWD requirements will be met as a condition of final approval. 15. We acknowledge proof of permits are required as a condition of final approval. 16. We acknowledBe meeting requirements of MCWD. 17. We acknowledge there may be stormwater management fees associated with the development. We have dated the revised plans 8-31-18 in hopes that we will receive your review and acceptance of the solutions put forthandwewill incorporate the items through the entire planset and resubmit this on Friday. Ourgoal istohitthat submittal date to stay on track for the PC meeting on LO/z and CC meeting on 70/22 per lhe schedule supplied. Please let me know if it would be beneficial for me to stop in your office to discuss. Thanks ! Perry lnrr tilEST 0uvttoputttt, ttc Perry Ryan, PE Vice President - Land Development o 952.653.1359 C 952-22L-3700 perrv@lwestdev.com www.lakewestdevelopment.com l b STORNTWATER MAINTENANCE AGREEMENT THIS AGREEMENT (the "Agreement") is made and entered into as of the _ day of , 2017, by and between the City of Chanhassen, a Minnesota municipal corporation (the "City'') and Lake West Development, LLC, a Minnesota limited partnership (collectively, the "Developer"). WITNESSETH: WHEREAS, the Developer is the fee owner of certain real property located in Carver County, Minnesota, legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the Developer has dedicated to the City drainage and utility easements over portions of the Property (the "Easement Areas") where a stormwaterpond will be constructed; and WHEREAS, by entering into this Agreement, the Developer has agreed to construct and maintain certain stormwater facilities, including the infiltration basins (the "Stormwater Improvements") for the benefit of the Property. The Stormwater Improvements include infiltration baiins and any accompanying structures that are to be constructed by the Developer as set forth in the plans approved by the City and attached as Exhibit B; and WHEREAS, the City requires permanent provisions for handling of storm runoff, including terms and conditions for operation and maintenance of all Stormwater Improvements, and requires such provisions to be set forth in an agreement to be recorded against the Property; and WHEREAS, the City and the Developer intend to comply with certain conditions, including entering into an agreement regarding the Stormwater Improvements. NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: l. Construction of the Stormwater Imorovements. The Developer shall construct the Stormwater Improvements on the Property at the Developer's expense. The Stormwater Improvements must be constructed in accordance with the plans that are attached to this Agreement as Exhibit B. 2. Restriction on Use of Easement Area. The Developer and the subsequent owners of each lot within GLENDALE DRTVE HOMES shall at all times protect the function of the easement area as an infiltration basin. In furtherance of such protection, in no event shall the Developer or the subsequent owner of any lot cause or allow any fill, additional planting, buildings, improvements or foundations to be placed within the easement area, and in no event shall the Developer or the subsequent owner of each lot cause or allow any change in the soil or modification of grade, in each instance without the prior written consent of the City, which may be denied or conditioned in the City's reasonable discretion. 3. Maintenance of the Stormwater Improvements. The Developer and the subsequent owner of each lot within GLENDALE DRTVE HOMES, agrees to maintain the Stormwater Improvements and observe all drainage laws goveming the operation and maintenance of the Stormwater Improvements. The Developer and the subsequent owner of each lot shall make periodic inspection and perform maintenance of the Stormwater Improvements as described in Exhibit C attached hereto. The Developer and the subsequent owner of each lot shall make all such scheduled inspections and maintenance, keep record of all inspections and maintenance activities, and submit such records annually to the City. The cost of all inspections and maintenance, including skimming and cleaning of the Stormwater Improvements, shall be the obligation of the Developer and the subsequent owner of each lot within GLENDALE DR[VE HOMES as shown on Exhibit A as the fee owners of the Property. 4. City's Maintenance Rights. The City may maintain the Stormwater Improvements, as provided in this paragraph, if the City reasonably believes that the Developer or the subsequent owner of the lots within GLENDALE DRIVE HOMES has failed to maintain the Stormwater Improvements in accordance with applicable drainage laws, the terms of this Agreement or other requirements and such failure continues for 30 days after the City gives the Developer or the subsequent owner of the lots written notice of such failure or, if such tasks cannot be completed within 30 days, after such time period as may be reasonably required to complete the required tasks provided that Developer or the subsequent owner of the lots is making a good faith effort to complete said task. The City's notice shall specifically state which maintenance tasks are to be performed. If the Developer or the subsequent owner of the lots does not complete the maintenance tasks within the required time period after such notice is given by the City, the City shall have the right to enter upon the Easement Areas and such portions of the Property as may reasonably be necessary to gain access to the Easement Areas to perform such maintenance tasks. In such case, the City shall send an invoice of its reasonable maintenance costs to the Developer or the subsequent owner of the lots upon which the Stormwater Improvement is located, which shall include all reasonable staff time, engineering and legal and other reasonable costs and expenses incurred by the City. If the Developer or the subsequent owner of the lots fails to reimburse the City for its costs and expenses in maintaining the Stormwater Improvements within 30 days of receipt of an invoice for such costs, the City shall have the right to assess the full cost 2 thereof against the lots. The Developer, on behalf of itself and the subsequent owners of the lots, acknowledges that the maintenance work performed by the City regarding the Stormwater Improvements benefits the Property in an amount which exceeds the assessment and hereby waives any right to hearing or notice and the right to appeal the assessments otherwise provided by Minnesota Statutes, Chapter 429. Notwithstanding the foregoing, in the event of an emergency, as determined by the City Engineer, the 30-day notice requirement to the Developer or the subsequent owner ofthe lots for failure to perform maintenance tasks shall be and hereby is waived in its entirety by the Developer and the subsequent owner of the lots, and the Developer or the subsequent owner of the lots shall reimburse the City and be subject to assessment for any expense so incurred by the City in the same manner as if written notice as described above has been given. 5. Hold Harmless. The Developer for itself and the subsequent owner of each lot hereby agrees to indemnify and hold harmless the City and its officials, agents, contractors and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attomeys' fees) arising out of or resulting from the Developer's, or the Developer's agents', contractors or employees' negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents, contractors or employees or failure by the City, its agents, contractors or employees to take any other prudent precautions, except to the extent of intentional or grossly negligent acts of the City, its employees, agents, contractors and representatives. In the event the City, upon the failure of the Developer or the subsequent owner of the lots to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Developer or the subsequent owner of the lots shall indemnify and hold harmless the City, its officials, employees, contractors, agents and representatives for its own negligent acts in the performance of the Developer's or the subsequent owner of the lot's required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts of the City, its officials, employees, contractors, agents and representatives. 6. Costs of Enforcement. The Developer for itself and the subsequent owner of each lot agrees to reimburse the City for all reasonable costs prudently incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees after providing written notice to Developer or the subsequent owner of the lot and a reasonable opportunity to cure. 7. Rights Not Exclusive. No right of the City under this Agreement shall be deemed to be exclusive and the City shall retain all rights and powers it may have under Minnesota Statutes Sections 444.16 to 444.21 to acquire, construct, reconstruct, extend, maintain and otherwise improve the Stormwater Improvements. 8. Notice. All notices required under this Agreement shall either be personally delivered or be sent by United States certified or registered mail, postage prepaid, and addressed as follows: J a)as to Developer:Lake West Devlopment, LLC 14525 Highway 7, Suite 265 Minnetonka, MN 55345 Attorney Name Attorney Name Attorney Address Attorney Address City of Chanhassen with a copy to: b)as to City: Attn: City Manager with a copy to: City Attomey Name CityAttomeyName City Attomey Address City Attomey Address or at such other address as either party may from time to time notify the other in writing in accordance with this paragraph. 9. Successors and Assigns. All duties and obligations of Developer under this Agreement shall also be duties and obligations of subsequent owners of each lot within GLENDALE DRIVE HOMES. The terms and conditions of this Agreement shall run with the Property. 10. Effective Date. This Agreement shall be binding and effective as of the date first written above. 4 LAKE WEST DEYELOPMENT, LLC Curt J. Fretham Its: Chief Manager By: STATE OF MINNESOTA ) COUNTY OF ) ss. ) This instrument was acknowledged before me on 2017, by Curt J. Fretham, Chief Manager, Lake West Development, LLC, aMinnesota limited liability company, on behalf ofthe company. Notary Public CITY OF'CHANHASSEN By: , Mayor By: ., City Clerk STATE OF MINNESOTA ) ) ss. cor.rNTY oF HENNEPIN ) Theforegoinginstrumentwasacknow1edgedbeforemethis-dayof-,2077, by - and the Mayor and the City Clerk, respectively, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public 5 This instrument drafted by: Attorney Name Attorney Nane Attorney Address Attorney Address Attorney Phone Number 6 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Leeal Description of the Propertv The property to which this Stormwater Maintenance Agreement applies is legally described as follows: Lots 1, 2,3,4, and 5, all in GLENDALE DRIVE HOMES, Hennepin County, Minnesota. A-l EXHIBIT B TO STORMWATER MAINTENANCE AGREEMENT Stormwater Improvements to be Constructed B-l EXHIBIT C TO STORMWATER MAINTENANCE AGREEMENT Inspection and Maintenance Schedule Stormwater Basins: Inspection and maintenance shall be made consistent with the most recent version of the Minnesota Stormwater Manual or other subsequent manual as dictated by the City. At the time of execution of this Agreement, the schedule can be found in the Operation and maintenance of Infiltration basing section of the Minnesota Stormwater Manual as follows: RedaQ pea graveutopsoll and top surfa(e lilter fabrlc (wtrn <lo$ed). tnsure that contributing area, practlce.nd inles are clear ofdebris Ensure that the cofltributing area is stabilized. Remow sediment and oiU8rease from pre-treatment d€!/i(es. as sJtll a5 oftrllow structures' Mow Brass filter strips should be moryed a5 necessary. Remove grass clippings. Repair undercut and eroded areas at inf,o'v and outf,orv strudures tnsped pre-treatment da/i(es and diversion stru(ures for sedimcnt bulld-up and structural darnaSe. Retnort rees $at start to gtorv in the vldnity of the trmch. Dis( or olherwise aerate br5in bottom. De-thatch basin bottom. Irsape basin bottom and remo,/e sedlment. Restore original crosss€Gtlon and lnfiltadon rae. se.d or sod to re$ore Sround cotr. per{orm total rehabilitation of the tren(h to maintain desi8n storaSe capa(ity. Bcavat€ Uench walls to expose clean soil scml€mud lnspecdon Annu.lly Brery sylars updr Fallure c-1 I es necUea luonnry Al-Jaff, Sharmeen From: Sent: To: Subiect: Jeff Kertson <jeff.kertson@theberna rdg rou p.com > Wednesday, September 26,2018 8:38 AM AlJafl Sharmeen Glendale Drive Homes Sharmeen, In regards to the Glendale Drive Homes development by Lake West Development LLC. The concern of drainage from the development across the Boylan's property and on to our property to the south. We feel the existing plan of the use of rain gardens to curb the drainage does not adequately address the volume of water that will drain across the property's and end up on our property. Looking at the elevations we have the lowest point, so everything from the proposed lots 1,2,3, and partially 4 will drain to our property. We feel this will adversely affect the quality and value of our property. The concern is a rain garden will not provide enough drainage retention / re - direction to compensate for the increased runoff of developing those lots, In addition the emergency run off from the gardens would all end up on our property. This is especially a concern at times of heavy rains, ( which we have had just recently), and in the spring when the the snow is melting and there can be heavy wet storms from March through May. If by developing they increase the elevatior/slope from what is already existing I believe they would have to be granted easement by both property owners to the south. We would like to encourage the planning commission to require a better proposed drainage system or plan before approving anything going forward Best Regards, Jeff Jeff and Teri Kertson 6810 Minnewashta Pkwy. (952) 470-0772, (h) (612) 590-2383, (c) iandtkerts@q.com Jeff Kertson I Wood Shop Lead ieff . kertson @thebernardqrou p. com 952-658-7650 direct 18781 Lake Drive East I Chanhassen, MN 55317 thebernardqroup.com @ *:.:::,r,:1,f,r::o NOTICE: The information contained in this email is legally privileged and confidential information for the sole use of the intended recipient, Any use, distribution, transmittal or re-transmittal of information contained in this email by persons who are not intended recipients may be a violation of law and is strictly prohibited. lf you are not the intended recipient, please contact sender and delete all copies. CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on August 7,2018,the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of hearing is to consider Preliminary Plat with variances for a subdivision of property located at the southwest corner of Glendale Drive and Minnewashta Parkway to create 5 single family lots and zoned Single Family Residential (RSF) Applicant: Perry Ryan, Owner: Martin & Joyce Foy to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this -'1 dav of A,v*te4_ ,2018. Notary Public Notice of Public Hearing Chanhassen Planning Commission Meeting Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time:Tuesday, August 7 , 2018 at 7:00 p.m. This hearing mav not start until later in the eveninq, depending on the order ollhq?gelOg- Location:City Hall Council Chambers, 7700 Market Bld Proposal:Request for Preliminary Plat with variances for a subdivision Applicant:Perrv Rvan Property Location: southwest comer of Glendale Drive and Minnewashta Parkway A location map is on the reverse side of this notice. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the proiect. Questions & Comments: lf you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2018-13. lf you wish to talk to someone about this project, please contact Sharmeen Al-Jaff by email at saliaff@ci.chanhassen.mn.us or by phone at 952- 227-1134. lf you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the proiect web site listed above the Thursday prior to the Planninq Gommission meeting. Sgn up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen.mn.us/notifyme to sign up! City Review Procedure: Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and lnterim Uses, Wetland Alterations, Rezonings, Comprehensive plan Amendments and Code Amendments require a public heaing before the Planning Commission. City ordinancesrequireallpropertywithin5OOfeetofthesubjectsitetobenotiliedoftheapplicationinwriting. Anyinterestedpartyis invited to attend the meeting. Staff prepares a report on the sub.iect application that includes all pertinent information and a recommendation These reports are available by request. At the Pan;ing Commission meeting, staffwill give a verbal overuiew ofthe report and a recommendation. in" it", *itt be opened for the publi; to speak about the proposal as a part of the healng prcce_ss. The Commission will close the public hearing and discuss the iiem and make a recommendation to the City Council. The City Council may reve6e, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, Iand use and code amendments take a simple majority vote 6t tni City Council exc;pt rezonings and land use amendments from residential to commerciaUindustrial. MinnesotaStateStatute5lg.ggrequiresallapplicationstobeprocessedwithin60daysunlesstheapplicantwaivesthisstandard. Some applications due to their complexity may take several months to complete. Any percon wishing to follow an ilem through the processshould check with the P!anning Department regarding its status and scheduling for the City Council meeting i neighborhood spokesperson/representative is encouraged to provide a contact for the city. Oflen developers are encouraged to meet;ith the neighborhmd rega;ding their proposal. Staff is also available to review the pOect with any interested person(s). Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the applicdiion witl be included in the report to the City Council. lf you wish to have something to be included in the report, olease contact the Planninq Staff De6on named on the notitication Date & Time:Tuesday, August 7, 2018 at 7:00 p.m. This hearing mav not start until later in the evening, depending on the order of the agen6 Location:Citv Hall Council Chambers, 7700 Market Blvd. Proposal:Reouest for Preliminary Plat with variances for a subdivig'1qn Applicant:Perrv Ryan Property Location: southwest comer of Glendale Drive and Minnewashta Parkway A location map is on the reverse side of this notice. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the proiect. Questions & Comments: lf you want to see the plans before the meeting, please visit the city's projects web page at: www.ci.chanhassen.mn.us/2018-13. lf you wish to talk to someone about this project, please contact Sharmeen Al-Jaff by email at saliaff@ci.chanhassen.mn.us or by phone at 952- 227-1134. lf you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item wil! be available online on the project web site listed above the Thursday prior to the Planninq Commission meeting. Sign up to receive email and/or text notifications when meeting agendas, packets, minutes and videos are uploaded to the city's website. Go to www.ci.chanhassen. m n.us/notifyme to sign u p! City Review Procedure: Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and lnlerim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinancesrequireallprope(ywithin5OOfeetofthesubjectsitetobenotifiedoftheapplicationinwriting. Anyinterestedpartyis invited to attend the meeting. Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by requeit. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the publii to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or pariiy the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote ot tne City Council except rezonings and land use amendments from residential to commercial/industrial. MinnesotaStatestatute5lg.ggrequiresallapplicationstobeprocessedwithin60daysunlesstheapplicantwaivesthisstandard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet-withtheneignborhoodrega;dingtheirproposal. Staffisalsoavailabletoreviewtheprojectwithanyinterestedperson(s) Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the applicaiion will be included in the report to the City Council. lf you wish to have something to be included in the report, nlease conlacl lhe Plannino Staff Derson named on the notiflcation. TAX-NAME TAX ADD L1 TAX ADD L2 TAX-ADD_13 ALDRITT LIVING TRUST 3946 CRESTVIEW DR EXCELSIOR MN 5s331-9757 BRIAN DOUGLAS LUND II 3980 STRATFORD RDG EXCELSIOR MN 55331-9604 CHARLES & MARY COLLEEN WEBER 3911 GLENDALE DR EXCELSIOR MN ss331-9763 CHRISTOPHER EVERS 6630 MINNEWASHTA PKWY EXCELSIOR MN 55331-9656 CLAY T & JULIE MARIE RICE 4OOO COUNTRY OAKS DR EXCELSIOR MN 55331-7710 CRAIG LOREN ANDERSON 3830 LESLEE CURV EXCELSIOR MN 5s331-9630 DANA LJOHNSON 66Tl MINNEWASHTA PKWY EXCELSIOR MN 5533L-9657 DANIELR&SHELLYLKRUSE 3971 COUNTRY OAKS DR EXCELSIOR MN 55331-7706 DAVIDL&DIANEELIESER 3881 STRATFORD RDG EXCELSIOR MN 5533L-9603 DAVID M FROEHLING 3840 LESLEE CURV EXCELSIOR MN 55331-9630 DAVID ROBERTSON 39OO STRATFORD RDG EXCELSIOR MN 55331-9604 DOUGLAS DALE REICHERT 3901 STRATFORD RDG EXCELSIOR MN 55331-9605 DUSTIND&SANDRAAQUAM 3920 CRESTVIEW DR EXCELSIOR MN 55331-9757 ERICC&TINALWEEK 3920 STRATFORD RDG EXCELSIOR MN 55331-9604 HAROLDJ&ELAINETAYLOR 3861 STRATFORD RDG EXCELSIOR MN 55331-9603 HOLLY MARIE KRUEGER 3820 MAPLE CIR EXCELSIOR MN 5533L-9642 INGRID SERCK-HANSSEN 3990 COUNTRY OAKS DR EXCELSIOR MN 5s331-7705 IVANP&SUSANMSTREIF 3940 STRATFORD RDG EXCELSIOR MN 55331-9604 JAMES&RUTHABOYLAN 6760 MINNEWASHTA PKWY EXCELSIOR MN 55331_-96s8 JAMESA&JEANWAY 664l MINNEWASHTA PKWY EXCELSIOR MN 55331-9657 JAMES A & JUDITH A SCHMIDT 3970 COUNTRY OAKS DR EXCELSIOR MN 55331-7705 JEFFREY W & TERESA P KERTSON 6810 MINNEWASHTA PKWY EXCELSIOR MN 55331-9660 JEROME H & ALICE R JOHNSON 3940 GLENDALE DR EXCELSIOR MN 55331-9762 JERRY L & KRISTIN L KORTGARD 3901 GLENDALE DR EXCELSIOR MN 55331-9763 JOHNN&LINDARBRAND 3981 COUNTRY OAKS DR EXCELSIOR MN 55331-7706 JON P WITT 3850 LESLEE CURV EXCELSIOR MN 55331-9630 KELSEY J QUIRING 3950 COUNTRY OAKS DR EXCELSIOR MN 55331-7705 KEVIN J ZAHLER 665l MINNEWASHTA PKWY EXCELSIOR MN 55331-9557 KEVIN P MCGINTY 6640 MINNEWASHTA PKWY EXCELSIOR MN 55331-9656 KRISTEN M FIREHAMMER 3840 MAPLE CIR EXCELSIOR MN 55331-9642 KRISTOPHER D & DAWN M KNOX 3801. LESLEE CURV EXCELSIOR MN 55331-9631 LEE ANDERSON 601.1 HILLDALE DR HARTFORD wr53027-9541 LYNND&NANCYKSIMPSON 3980 COUNTRY OAKS DR EXCELSIOR MN 55331-7705 MARGARET ELLEN YOUNG MARTINJ&JOYCEFOY MATTHEW MCDONALD laa:o vaelr crn PO BOX 2804 soo couruTRY oAKS DR lrxcrsron KIRKLAND lrxcrsron MN 55331-9642 wA 98083-2804 MN 55331-7705 MATTHEWR&AMYLBURTON 6228 CASCADE PASS CHANHASSEN MN 55317-9476 MICHAEL R RYAN 3850 MAPLE CIR EXCELSIOR MN 55331-9642 MICHELLE HANSON KRAFVE 3810 LESLEE CURV EXCELSIOR MN 55331-9630 MI N N EWASHTA CEM ETERY TRUSTEES 38OO RED CEDAR POINTE EXCELSIOR MN 55331-7765 NATALIE JOHNSON 3940 COUNTRY OAKS DR EXCELSIOR MN 55331-770s NICHOLAS S & REBECCA FOLWICK 3920 GLENDALE DR EXCELSIOR MN ss331-9762 PAUL J LIDSTONE 3991 COUNTRY OAKS DR EXCELSIOR MN 55331-7706 PAUL M CARLSON 79OO QUAMOCLIT VICTORIA MN 55386- RANDY J & LORNA HILL CUNLIFFE 3921 GLENDALE DR EXCELSIOR MN s5331-9763 RICHARD DORSEY 3931 COUNTRY OAKS DR EXCELSIOR MN 55331-7706 RICHARD E & ELIZABETH BELLERT 6641 MAPLE RD EXCELSIOR MN 55331-9649 ROBERT & LORI FREEMAN 401.0 COUNTRY OAKS DR EXCELSIOR MN 55331-7710 ROBERTJAMES HAGER 3931 GLENDALE DR EXCELSIOR MN 55331-9763 ROBERT M & PATRICIA A JOSEPH 6T0l MINNEWASHTA PKWY EXCELSIOR MN 55331-9659 ROBIN THOMPSON RUSH 3810 MAPLE CIR EXCELSIOR MN 55331-9642 ROGER NITZ 3821 GLENDALE DR EXCELSIOR MN 55331-7735 RONALD T LAMPRECHT 3921 STRATFORD RDG EXCELSIOR MN 55331-9605 RUSSELLD&DIANAWJONES 3961 COUNTRY OAKS DR EXCELSIOR MN 55331-7705 SHERRY HAGA 310 8TH ST S APT 310 FARGO ND 58103- STEPHAN I E M ILLER STATHOPOU LOS 3930 GLENDALE DR EXCELSIOR MN 5s331-9762 STEVEN & JAMIE KNIGGE 3910 GLENDALE DR EXCELSIOR MN 55331-9762 STEVEN A & KELLY C STATTMAN 3811 GLENDALE DR EXCELSIOR MN 55331-7735 STEVEN J ARNDT 3960 STRATFORD RDG EXCELSIOR MN 55331-9604 STRATFORD RIDGE HOMEOWNERS ASN 3961 STRATFORD RDG EXCELSIOR MN 55331-9605 THE CECKO FAMILY REV LIV TRUST 3910 CRESTVIEW DR EXCELSIOR MN s5331-9757 THOMAS R & KAREN J ERDMANN 39OO CRESTVIEW DR EXCELSIOR MN 55331-9757 TRENT BIRKHOLZ 3851 STRATFORD RDG EXCELSIOR MN 55331-9603 ULRIKE K TAYLOR 3951. COUNTRY OAKS DR EXCELSIOR MN 55331-7706 WARREN C MACFARLANE III 38OO LESLEE CURV EXCELSIOR MN 55331-9630 PLANNING COMMISSION STAFF REPORT Tuesday, October 2, 2018 Subject Approval of Planning Commission Minutes dated September 18, 2018 Section APPROVAL OF MINUTES Item No: D.1. Prepared By Nann Opheim, City Recorder File No:  PROPOSED MOTION: The Chanhassen Planning Commission recommends approval of the minutes dated September 18, 2018. ATTACHMENTS: Planning Commission Summary Minutes dated September 18, 2018 Planning Commission Verbatim Minutes dated September 18, 2018 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES SEPTEMBER 18, 2018 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Steve Weick, Nancy Madsen, Mark Randall, and Michael McGonagill MEMBERS ABSENT: Mark Undestad, and John Tietz STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Walters, Assistant Planner; and Vanessa Strong, Water Resources Coordinator PUBLIC PRESENT: Gene & Lois Sipprell 821 Creekwood Street, Chaska Rick Brama 9371 Kiowa Trail PUBLIC HEARING: 821 CREEKWOOD DRIVE: CONSIDER A VARIANCE APPLICATION TO INSTALL A SEPTIC SYSTEM WITHIN THE REQUIRED SUBSURFACE SEWER TREATMENT SYSTEMS SETBACKS, FRONT YARD SETBACK AND BLUFF SETBACK AND IMPACT ZONE. MacKenzie Walters presented the staff report on this item. Commissioner McGonagill asked for clarification of the mound system location that staff is proposing. The applicant Gene Sipprell, 821 Creekwood Drive provided an overview of their purchase of this property which found that the septic system would need to be replaced. Rick Brama, 9371 Kiowa Trail discussed the fact that there was no difference between the design of a septic system for 5 bedrooms versus 6 bedrooms. Chairman Aller opened the public hearing. No one spoke and the public hearing was closed. After comments from commissioners the following motion was made. Weick moved, Randall seconded that the Chanhassen Board of Appeals and Adjustments approves the placement of the pump line within the 50 foot bluff setback area and 20 foot bluff impact zone, a 30 foot bluff setback variance for the tanks and a 20 foot bluff and 9 foot property line setback variance for the mounds and dispersal area, subject to the conditions of approval and adopt the attached Findings of Fact and Recommendation: 1. The applicant must apply for and receive all necessary permits from the relevant agencies. Planning Commission Summary – September 18, 2018 2 2. The applicant shall work with the City, County and Watershed staff to maximize the system’s distance from the bluff, minimize it’s impact on the bluff and avoid impacting the existing drainage swale. 3. The applicant shall minimize tree loss, and shall, to the greatest extent possible, avoid removing mature trees within 20 feet of the top of the bluff. 4. A new 1”=20’ scale survey showing the final location of the septic and pump tanks, pump line, mound, and drain field shall be provided as part of the permitting process. 5. The area around the septic system mounds shall be landscaped so as to minimize it’s visual impact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES: Commissioner Madsen noted the verbatim and summary Minutes of the Planning Commission meeting dated September 4, 2018 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Kate Aanenson provided an update on future Planning Commission agenda items scheduled through the end of the year. Commissioner McGonagill asked for an update on yard waste pick up with the closing of the County yard waste facility. Commissioner McGonagill 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 at 8:35 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim CHANHASSEN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 18, 2018 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Steve Weick, Nancy Madsen, Mark Randall, and Michael McGonagill MEMBERS ABSENT: Mark Undestad, and John Tietz STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Walters, Assistant Planner; and Vanessa Strong, Water Resources Coordinator PUBLIC PRESENT: Gene & Lois Sipprell 821 Creekwood Street, Chaska Rick Brama 9371 Kiowa Trail PUBLIC HEARING: 821 CREEKWOOD DRIVE: CONSIDER A VARIANCE APPLICATION TO INSTALL A SEPTIC SYSTEM WITHIN THE REQUIRED SUBSURFACE SEWER TREATMENT SYSTEMS SETBACKS, FRONT YARD SETBACK AND BLUFF SETBACK AND IMPACT ZONE. Walters: Yep so as you mentioned this is a variance request to place a double mound septic system within the 50 foot septic system bluff setback. The 10 foot septic system property line setback and then also the 20 foot bluff impact zone. So 821 Creekwood Drive is zoned agricultural estate. That’s the A2 district. The district’s base zoning requires a minimum 2.5 acre lot area, 50 foot front and rear setbacks. In this case it’s a corner lot so both the north and the east would be subject to the front setback of 50 feet. Rear would have a 10 foot setback. It’s allowed 20 percent lot coverage. Bluff ordinance is a 30 foot setback or existing for houses built before 1991 20 foot bluff impact zone. The Bluff Creek primary zone is located south and west of the property. Structures are required to be setback 40 feet from that or the existing if they were built before 1998, and there’s a 20 foot do not disturb area associated with that as well. Regarding the septic system itself, the City has different standards enacted under Chapter 19 which will be most of the discussion tonight and that requires a 50 foot setback from the top of a bluff and a 10 foot property line setback for any portion of the septic system. So just doing a quick overview of the site it’s located on a one acre lot so the lot was created before the current 2 ½ acre standards for the district were in place. It has about 13.7 percent lot cover. The primary structure meets all of the district’s required setbacks. The deck back here, you can’t see it very well but it goes about 10 feet into the bluff setback. I apologize this line should have been deleted. That would have referred to the deck’s total distance from the bluff. Not the Chanhassen Planning Commission – September 18, 2018 2 house. The existing septic system we’re given to understand is inadequate and the applicant has been told it will need to be replaced within 2 years and the existing septic system does not meet the current setbacks either. So what the applicant’s requesting to do is to install the septic and pump tanks approximately 20 feet from the top of the bluff back here behind the house. They would then install a pump line which would be this running here. Just due to the basically the geometry of it and the way it has to connect it would need to at one point be within that 20 foot bluff impact zone. It’s about 5 feet from the top of the bluff here at it’s closest point and be located mostly within that 50 foot bluff setback. They’re also requesting to install a double mound system here and at it’s closest point it’d be about 15 feet from the top of the bluff. So that’s the variance they are requesting. As I mentioned the existing system is going to need to be replaced. The other consideration is the applicant is interested in at some point in the future having the potential to add a sixth bedroom so they’re proposing a system that is sized to accommodate that. One of the potential locations we asked them to look at was more of the center lawn area. The areas there are disturbed and the understanding, I believe the septic system designer put a pretty good essay in as to why the State generally encourages you not to locate in disturbed soils. It’s generally considered a location of last resort so that’s why they’re really pushing for this northeastern location. The location of the tanks and septic line largely determined by where the septic line exits the house. There’s not a lot of flexibility in terms of where else they could realistically put those. And the applicant’s designer has noted that mound systems have to be located on the same contour and that’s why he had to do a split design and the rock bed should be placed in an area with 1 to 2 percent slope ideally. So when staff looked over this request one of the things we considered was how the area is projected to develop in the future in terms of what type of variance you know would be reasonable going in. We expect at some point in the future, although there’s no timeline that city sewer and water will be extended to the area. The main line would be through the Bluff Creek Golf Course here significantly north of the property which would be here. They would get serviced through Creekwood. We looked a the right-of-way. There’s about 150 foot jog there where a permanent road could go if the golf course ever developed and the sewer was brought in so that’s one of the reasons why we’ll get to staff’s recommendation in a bit but why we feel it’s appropriate to give a very small property line setback is because the system could be placed very close to the applicant’s property line in the north or east without running into potential issues with future right-of-ways. Again there’s no timeline really for when sewer and water would become available to this site. So when staff looked over, and I should just mention. This area in red was one of the initial proposals that they are not interested in going forward with so that can be disregarded. This is a survey. The Certificate of Survey that was submitted for the project and where they showed the proposed double mound system here. It does not show the sand bed unfortunately. So when staff did their assessment we spoke with Carver County’s Conservation Technician as well as having our building inspector who is certified in septic systems discuss with the designer. The applicant’s assessment that the pumps would need to go behind the house about 20 feet from the bluff. Staff is in agreement with that placement. Believe it’s necessitated by the existing conditions on the property. One of the biggest concerns is that there is a drainage swale here which carries a large amount of the water generated by the Bluff Creek Golf Course and it goes right to the top of the bluff. There is currently a head cut just downstream of the proposed location. It’s beginning to Chanhassen Planning Commission – September 18, 2018 3 actively erode that area of the bluff and all that drains directly into Bluff Creek which is a State impaired waterway so staff really is concerned about the potential for the removal of vegetation, grading and other activity associated with the septic system to exacerbate that situation. Speaking with Carver County Soil and Water District, they stated their main concern was that the septic system be positioned clear of the swale which runs about with the 928 contour so the goal would be to get it as south and east as possible from the drainage swale here to minimize the amount of tree loss in the area and try to protect that swale and reduce any erosion impact to that area. Staff and Carver County believe that the system can be reoriented and shifted closer to the property lines than it’s currently proposed and that doing so would allow an increase in the distance between the system and the bluff. So what staff is recommending in order to accommodate that, the applicant’s requesting a 20 foot setback from the bluff for the pump tanks behind the house. Staff concurs with that and supports that variance request. The pump line as I said is basically dictated by the other two features and will need to go within that bluff impact zone and within that 50 foot bluff septic setback. The double mound system, the applicant’s requesting that it be allowed to be placed within 15 feet of the bluff. Staff believes the system can be designed to have it about 30 feet from the top of the bluff. Part of doing that would be the applicant’s currently requesting an 8 foot setback from the property line and reducing that down to a 1 foot to allow the system to be shifted as far away as possible from the top of the bluff. The other issue is staff, the Building Inspector Tessman believes the system can be redesigned then instead of having a 3 to 1 mound ratio, a 4 to 1 mound ratio which would essentially increase it’s slope a little bit. Tighten the system up so it would be able to be squeezed a little further from the bluff as well. So staff is recommending approval of modified variance request from what the applicant is requesting in order to just try to get that extra little bit of distance from the bluff. I’d be happy to answer any questions you may have at this time. McGonagill: MacKenzie could you go back to the diagram, the overhead. Keep going. That one. And kind of show on that one with your pointer where it would lay in there with the contours. I was trying to do this while you were, the proposal that staff is proposing. Walters: So my understanding, okay would be roughly, so in both cases you’d have a T kind of like so and staff’s proposal would basically pivot it down and a little bit to the southeast is my understanding. McGonagill: And where is the head cut that you’re, in the swale that you’re worried about? That staff was worried about. Walters: Yeah I’ll defer that to the Water Resources Coordinator. Strong: It is a little tricky to see. However you can see that there’s this open dark line here in the trees. That’s because that’s the eroded channel. Nothing can grow there so what you’re seeing is this head cut is creeping towards the swale here and these are very highly erodible soils that can easily and quickly be destabilized and so again our primary concern is when you have a potential to hyper saturate or saturate soils that destabilizes them even more of an area that is Chanhassen Planning Commission – September 18, 2018 4 already at risk. Additionally septic system failure and leaks into water bodies is one of the primary sources for e-coli bacteria and e-coli impairments so it’s just an unfortunate combination of two things that we need to try to fit in this space but we really need to keep an eye on this bluff head cut and not increase opportunities and potential for significant rapid erosion. McGonagill: Sure. Follow up question. Strong: Yep. McGonagill: Can you mitigate this with erosion control like you would do in rivers with buttresses and stuff like that? I mean some of my experience we’ve done that in other areas where we’ve matted it. You know concrete matted it or put soil erosion, you know to hold it in place. Strong: Right so under normal conditions we work to erode at the top of the head cut here. The problem is if you have a hyper saturated or a heavier saturated area here, you’re now trying to stabilize a water body at the top of, it’s not a water body but a water feature in some sorts at the top of a steep slope. That becomes extremely difficult because your soils now start to become saturated all the way down. So you know we’re trying to balance all the needs going on right here. McGonagill: So what I hear you saying is erosion, matting or something like that would not. Strong: Will go deep enough. McGonagill: Won’t go deep enough holding. Strong: The issue would end up being in the soils. McGonagill: Okay thank you. Aller: Additional questions? Commissioner Madsen. Madsen: If the proposed septic was sized to the current size of the house would that affect the size required for the mound? Walters: That’s a good question. I would hope the applicant can address to what extent the variance is linked to the additional bedroom. Madsen: Okay. And is the current septic located not on their lot? It looks as if it’s over the properly line. Chanhassen Planning Commission – September 18, 2018 5 Walters: I believe certain features of it are located off the current lot, yeah. If you look at the diagram we’re given, the existing tank is marked just south of the septic line. Unfortunately the information we’re provided with doesn’t show the drain field or any other features but yeah. Madsen: Okay. My question would be if there, if they had obtained an easement then could they, would there be space in that easement to rebuild their septic over there? Walters: Yeah it would be within the bluff and that would also most likely end up being within the Bluff Creek primary zone. Madsen: Okay yeah because I can’t tell. Walters: Yeah. Madsen: If that would make it any better. Walters: Oh I got you. Madsen: Oh maybe that one I can see yeah. Okay so that wouldn’t even help. Okay, thank you. Aller: Any additional questions of staff? Commissioner Weick. Weick: Do we know where the current system drains? I didn’t catch that. Walters: Into the bluff yeah. Weick: It does? Walters: Yeah it’s definitely in a place where we would not currently allow a septic system. Unfortunately you know kind of the 3 lots here are all in a pretty similar situation where they’re you know older houses located near a bluff. Septic ordinances were not necessarily in place at the time so they were put where they were put. Aller: Okay, Commissioner Madsen. Madsen: I think you mentioned that so for the water and the septic to go through, or maybe it was just the septic, Bluff Creek Golf Course would have to be developed so it’s not going to go along 101? Walters: Oh you’re, for the sewer system to go in? Madsen: Yes. Chanhassen Planning Commission – September 18, 2018 6 Aanenson: No the intention of the lift station would be north of Lyman Boulevard and then it would come down and go through Bluff Creek Golf Course and then tie back over to 101. The City’s examined all the alternatives and that’s the most cost effective way so all that’s predicated on development of the golf course. Madsen: Okay so it can’t be included in the 101, okay. Aanenson: They may sleeve some pipes there but to the most effective way to provide municipal services to that area would be coming through the golf course. Madsen: Okay thank you. Aller: Any additional questions? Hearing none if the applicant would like to come forward and make his presentation and step forward and state your name and address for the record that would be great. Gene Sipprell: Okay, my name is Gene Sipprell and my address is 821 Creekwood Drive and it’s a Chaska mailing address but it’s in Chanhassen. Aller: We’ll forgive that. Gene Sipprell: It’s very confusing but we get it. Well just an overview of our situation. We bought this house in May and part of the contingency was to have the well checked, the septic system checked and the four corners, the boundaries checked and so when we did that we found out that the septic system was lacking and would need to be replaced. So we searched to find an adequate septic designer to be able to install this and we found out this is a complicated process and so we came upon this Dale Denn who has quite a bit of experience in this area but it’s $30,000 so it’s not cheap to do this properly. So you know so we contracted with him to give us the bid and explain the process for us. Along the way we found out about this erosion that’s taking place on the property towards the bluff and the concern that we don’t want to exacerbate that and we were told about a program where you might be able to apply and the City, County something might contribute some money towards doing some restoration there. And so we want to do whatever we can to keep the bluff in good shape and so it’s our understanding the only logical location for the septic system is in the northeast quadrant of the property which is furthest away from the bluff so it’s logical to us and you know it has to flow you know a certain parameters and so that’s in the design. And then there’s this thing called the swale and so we can bring in a landscape person that’s skilled at designing that swale and that property so we want to do it right. I have my real estate agent with me who is familiar with those details and he could address that as well. Aller: Great. So it sounds to me as though the location regardless of where it is. Whether it’s the first presentation. The first option that was presented. The second or a third, as long as it Chanhassen Planning Commission – September 18, 2018 7 works for you that it’s okay. It’s not like you have another use of the property that we’re worried about or an intended use in the future. Gene Sipprell: Right, right, yeah. Aller: Okay. And then the question came up before I opened, not stepping on toes here but about the use of the sixth bedroom. The addition. Have you been informed or what is your understanding about the size of the tanks or the use of the tanks and the addition, does it make a difference? Rick Brama: Gene I just talked to him. Gene Sipprell: Yeah, oh you talked to Dale? Rick Brama: Yeah if you want me to address that. Gene Sipprell: Sure, alright. Aller: That’s great. Rick Brama: Is that okay? Aller: Absolutely. Come on, the important thing is that we get. Rick Brama: …need an address? Aller: Yeah. Rick Brama: Yeah Rick Brama, 9371 Kiowa Trail, Chanhassen so I’ve been here a few times. Aller: And we understand that you got the inspection on this and uncovered this dilemma? Rick Brama: Yeah so I just talked to the designer just now just to verify whether or not there is any difference in the design between a 5 and 6 bedroom. Just now I just talked to him and he said no. There’s no difference between the two. The width of the mounds has to be exactly the same between a 5 and a 6 so whether they leave it at 5, this is a design that has to be changed to 6, it shouldn’t affect the difference in the design and the width of the mounds. The two mounds. No matter what he has to split the mounds he just told me you know at the current 5 bedroom so that’s one big concern. There’s a couple other things. One this system right now is eroding the, you know the bluff right behind the house you know so obviously when the system was initially put in the grade of the bluff was acceptable. Now the grade has to be a lot less in order for us to put septic systems and drain fields in the bluff. And just a little background, I’m also a licensed builder. I’m a close friend of their’s so I’m a licensed contractor and this was a very complicated Chanhassen Planning Commission – September 18, 2018 8 situation because before they purchased the property we had to do intensive research. To find out we knew that the septic was going to be non-compliant. That was an easy expectation that it was going to be non-compliant when we asked the sellers to do the compliance inspection just because we knew where it was you know so this was expected so we then did further research and the reality is, is that because of the disturbed soil that’s between the house and where the system is currently you know requested to be placed. There’s no other option on this property so if there was a way now, I didn’t realize that we could actually squeeze and get to 1 foot from the, you know from that east property line that’s an advantage you know. I do have one question specifically related to that. We’ve got, we gained 7 feet here by moving it to the east to get a 1 foot setback but we have to somehow make up 15 feet and is that by changing the 3 to 1 to 4 to 1 to a 3 to 1 on the mound? Walters: My understanding from talking to Building Inspector Tessman is that it’s a combination of the ratio change. Shortening the needed drain field, etcetera, and then also using that 7 feet to kind of pivot the system a little bit and get that extra thing squeaked out. Both Building Inspector Tessman and I believe it’s, I’m going to butcher his last name. Conservation Technician Hagness indicated they felt that the system could accommodate the proposed setback. Rick Brama: Okay. The only concern I have there is we have to trust that judgment because once this gets approved and then the designer says yes I’m going to move everything and it still has to work you know so I just, and that’s okay. I just want to make sure that those, obviously you guys took that into consideration so it’s just been a long road you know to finally get a point where it’s like yeah you guys should probably have a functioning septic system that’s not going down into the bluff you know so. Okay thanks. Gene Sipprell: Thank you. Aller: Thank you. Any additional questions of the applicant at this time? Hearing none we’ll open up the public hearing portion of this item. Any individual wishing to come forward and speak either for or against the item can do so at this time. No? Wanna just have fun? Come up and, alright. Hearing no one come forward we’ll go ahead and close the public hearing portion of the item and open it up for discussion. Commissioner Weick. Weick: I will say I’m usually a tough sell on hardship but this feels like hardship. Right I mean we’ve got to fit a septic system on this property in my opinion and so it sure feels like we’re doing the absolute best we can. And I really appreciate the homeowner you know being so willing to do whatever it takes to protect the bluff and make sure everything works. I mean that’s fantastic so. McGonagill: I agree with you Commissioner and I also would encourage, thank you the homeowner for their intention and there’s a lot that could be done to the bluff about vegetation on it to hold it after you, when you do your landscape design. There’s different things I would encourage you to look at that. Given some previous experience there’s a lot of different stuff Chanhassen Planning Commission – September 18, 2018 9 that you might be able to help continue to mitigate the sloughing so I would just please encourage you to do that as you proceed with your landscape architect but I agree with you. Aller: Yeah I think it’s obviously the uniqueness of the property on certainly no fault to the homeowner who came on and purchased the property. The role here is to accommodate and to the best of our ability a reasonable use of the property. This certainly is reasonable use and then to make sure that it’s the minimal variance that we can do and that happens to be, it sounds like the optimum one as well for purposes of preservation of the bluff and that’s something that we’ve all been concerned with for a number of years so I think it becomes a win/win and I don’t see any reason why I would not vote in support of a motion which I will request at this time. Weick: I can take a look at that. My only question is, does it read, does this read as you, with the 1 foot and all that? Walters: Yes it does. Practice is to give the amount of variance you’re giving from the setback so the 30 foot bluff setback variance is 20 feet from the bluff. It’s counterintuitive. Weick: No that’s okay. Walters: Yeah, no it is. Weick: I just wanted to make sure we had it like everything in there. Walters: Yep. Weick: So I’ll go ahead and propose a motion. Aller: Commissioner Weick. Weick: The Chanhassen Board of Appeals and Adjustments approves the placement of the pump line within the 50 foot bluff setback area and 20 foot bluff impact zone, a 30 foot bluff setback variance for the tanks and a 20 foot bluff and 9 foot property line setback variance for the mounds and dispersal area subject to the conditions of approval and adopt the attached Findings of Fact and Recommendation. Aller: I have a motion. Do I have a second? Randall: Second. Aller: Having a motion and a second. Any further discussion? I would just add that it’s been a long time since we’ve had people come forward with the information ahead of time having inspected their property. We always hear about people saying surprise, surprise, we didn’t know so thank you to your real estate individuals as well for insisting upon certain inspections and to Chanhassen Planning Commission – September 18, 2018 10 have you become aware of these things before and puts you in a better position to deal with the situation and the City knowing what you need to do so thank you for working with us. Weick moved, Randall seconded that the Chanhassen Board of Appeals and Adjustments approves the placement of the pump line within the 50 foot bluff setback area and 20 foot bluff impact zone, a 30 foot bluff setback variance for the tanks and a 20 foot bluff and 9 foot property line setback variance for the mounds and dispersal area, subject to the conditions of approval and adopt the attached Findings of Fact and Recommendation: 1. The applicant must apply for and receive all necessary permits from the relevant agencies. 2. The applicant shall work with the City, County and Watershed staff to maximize the system’s distance from the bluff, minimize it’s impact on the bluff and avoid impacting the existing drainage swale. 3. The applicant shall minimize tree loss, and shall, to the greatest extent possible, avoid removing mature trees within 20 feet of the top of the bluff. 4. A new 1”=20’ scale survey showing the final location of the septic and pump tanks, pump line, mound, and drain field shall be provided as part of the permitting process. 5. The area around the septic system mounds shall be landscaped so as to minimize it’s visual impact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES: Commissioner Madsen noted the verbatim and summary Minutes of the Planning Commission meeting dated September 4, 2018 as presented. COMMISSION PRESENTATIONS. None. ADMINISTRATIVE PRESENTATIONS. Aanenson: Administrative, I do have a few things. Aller: Administrative. Aanenson: We have 4 meetings left in the year. We do have items on for the October 2nd. We’re hoping to have the Glendale Subdivision on. There’s a lot of neighborhood work going on up there to resolve that so we’ll probably re-notice the neighbors on that too because it’s been a while. Just make sure they have an opportunity to comment. I know Sharmeen’s been Chanhassen Planning Commission – September 18, 2018 11 working with quite a few of them. Then on October 16th right now the Eidsness subdivision will probably come back. That’s up by Big Woods there. In addition. McGonagill: What subdivision is that? Aanenson: Eidsness. It’s a two lot subdivision but it’s complicated by a few other things so we’ll bring that back to you. That one also has a variance with it. And in addition on the, we’re looking to see if we can get it on November 16th. We do have new flood plain maps. We have to adopt a flood plain ordinance by the end of the year. There are some little quirks with that. There are some additional properties that may be in the Bluff Creek. Inappropriately mapped in the Bluff Creek flood plain. There are also some properties that are no longer in the flood plain so we want to identify those and let people know that they may not need flood insurance and so there’s some changes to that. So that’s kind of a, the DNR puts out kind of a model ordinance and technically we need to have a public hearing so we’re going to try to see if we can get it on for the 16th just to make sure we have enough time for the City Council to, or if we need some additional time to see if we need to have an open house so we’ll look at that. We just got that information here in the last week or so, so we’ll either have that on the 16th or the November 20th. On November 20th we do have a couple other big items. Beehive has been working on their project. I think they’re also looking at what the implications are with some of the traffic and turning movements coming out of Minnetonka Middle School West and seeing if they can be a participant in laying out their plat with that. And then also there is a developer looking at the Holasek property which is, that’s off of, is that Lyman up there and just kind of kitty corner from the high school and that was the old nursery there and they are looking at doing, it’s guided office industrial so that’s what that would come in for a couple office industrial. Pardon me? McGonagill: On the 20th? Aanenson: Yep, on the 20th. That’s correct. And they had been working with Vanessa on that too. There was some wetlands on that site too. Right now we do not have anything on for December 4th but there are some things floating out there so we’ll see. I also wanted to just give you an update. I hope you’ve been driving around. Kind of looking at things in town. Mission Hills, the senior housing project is going up. There’s a couple cranes down there. That’s going up pretty quickly. Including the Venue right here downtown. That second platform’s on on that project too and that’s moving along pretty quickly. In addition Life Time’s in for their, they got site plan approval so they’re just they pulled the permit on the second building. They have mirrored office buildings right there on Highway 5 so the second building is all fenced up now so they’ll begin construction on that one so there’ll be two mirror buildings right there. So if you see that, if you’re out and about. And then I don’t know if it was mentioned to you and I missed your last meeting is that Avienda got their watershed district approval so that was a long time in the making just to get all the final things in so we’re working now to get that plat recorded so there’s some things that they need to resolve with that. There’s security posted for the grading permit and in addition there was some credits that they had to demonstrate that they got for wetland replacement and a cash contribution to some wetland replacement within the city and Chanhassen Planning Commission – September 18, 2018 12 that was one we identified on Lyman Boulevard that we’re partnering up with some other cities to do some wetland replacement but more than likely that might be some grading yet closer to winter time and that’s kind of a winter time activity and 4 or 5 months. Aller: And they were going to do the whole. Aanenson: Correct, they’re grading the whole thing but we’ll also take the conservation easement around Bluff Creek Overlay District. That’s one of the, that’s the one lot they’re dedicating. Otherwise the rest of them are outlots. But in addition to that I think I indicated too that they’re going to amend their PUD. I think they’re making kind of, trying to match it up with the market today so they’re making some internal changes which might mean some additional housing to kind of mirror the housing with attracting that to the retail. Kind of having that market so you’ll have an opportunity. We’ll have a public hearing on that, on those PUD changes and I think one of the things that we asked them to look at too was a sign ordinance so there’s a few little tweaks on that so, and that might not happen til, that could be a December one or the first of the year because they do have a few months of grading so that’s kind of where we’re at. There’s some other things that are floating out there that people have been looking at but those are on the top of your possible future ones but I’m not sure. Right now Applebee’s has been purchased so they’re working on a potential just a redevelopment of the site. It might just be a remodel. They’re looking at some redevelopment. There’s cross access parking all over that so it’s a little bit more complicated. Someone else looking for potential restaurant site there so. Also Panera’s going up too so that’s the other one that’s just chugging along too and I think they’re looking for Panera’s looking for like November. I think it says on the sign there too so we have some big changes in the downtown core so. McGonagill: Kate when do you think Galpin come back? That Galpin development. Aanenson: Yeah that’s a good question. I need to give them a call. Lennar and see where they’re at and I’ll let you know as soon as I learn something on that. McGonagill: Thank you. Aller: Big decisions. City Council update. Weick: Can I have a quick question? Aller: Sure. Weick: What’s the, there’s a proposed development sign outside of Target. What’s that for? Aanenson: For a sign. Weick: For the sign. Chanhassen Planning Commission – September 18, 2018 13 Aanenson: That’s a site. Yeah you guys saw that sign request. Weick: That’s what I thought and. Aanenson: Yeah it’s for the liquor store. Aller: And if any of you were not able to be present. Weick: You already talked about it? Okay. Aanenson: Yeah, so that’s…I know everybody asks that. It’s like what’s going on there? Weick: Yeah thank you. I’ll show up next time. Aanenson: Yeah. I know. I know right. It sounds like we’re doing a big remodel so yeah, it’s people are looking at other properties. We kind of get that window whether they’re going to go or no go so we put them in a place holder but if they’re ready to submit then we try to give them, pick a date so not everybody tries to come in on the same meeting so we try to stagger that so, for your benefit and for their’s too. Nobody wants to be the last one on at 11:00 so. But that’s all I had. City Council, I don’t think we had much on the last meeting so they’re talking about the comp plan at their next meeting Monday night. There’s a few loose ends on that. We finally got all the watershed district approval. That was part of the big thing holding it up so again you’re going to see a lot of changes. Code amendments and MacKenzie’s going to be busy with that all of next year with the implementation on that but there’s just a couple of little tweaks that the council wanted to review on Monday night and I think they’ll be ready to adopt it so. Aller: Great, by 2020 we’ll have it all where it’s supposed to be in a timely fashion. So any additional comments or discussion before we adjourn? McGonagill: I have one item. Kate as we go into the fall you know and with a lot of the yard waste and stuff coming, I’m starting to hear a little traffic about what the City needs to do or you know people need to do with the closure of the yard waste facility down on Peavey. And is it our intention to come out with a list for our citizens or what’s the options? Aanenson: That’s a great question. The City Forester, Jill Sinclair wrote an article going out in the next newsletter. I think it will probably be putting out on our city page too of where they can go. The dates so we’ll be providing those opportunities at the City public work site and there’s specific dates that they can bring those in. That will be open for pick up. McGonagill: And that will go through into next year like in the spring clean up too? Chanhassen Planning Commission – September 18, 2018 14 Aanenson: Yeah there’ll be a couple dates that will be open for that of when they’ll be picking those up so you have to kind of just plan around those dates yep, so there will be an article in the newsletter, like I say when that comes out and then they’ll probably be putting it out on our Facebook page too to try to inform everybody. McGonagill: Great, that’s very good news. Thank you. Aller: Thanks, great question. Any additional comments or discussion? Otherwise I’ll entertain a motion to adjourn. Commissioner McGonagill 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 at 8:35 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim PLANNING COMMISSION STAFF REPORT Tuesday, October 2, 2018 Subject City Council Action Update Section ADMINISTRATIVE PRESENTATIONS Item No: F.1. Prepared By Jean Steckling, Senior Admin. Support Specialist File No:  PROPOSED MOTION: ATTACHMENTS: City Council Action Update City Council Action Update MONDAY, SEPTEMBER 10, 2018 CITY COUNCIL MEETING No Planning Commission Items MONDAY, SEPTEMBER 24, 2018 CITY COUNCIL MEETING Target PUD Amendment Request to Allow Additional Signage - DENIED The minutes for these meetings can be viewed from the City’s website. Go to www.ci.chanhassen.mn.us, and click on “Agendas and Minutes” from the left-side links. g:\plan\forms\city council action update.doc PLANNING COMMISSION STAFF REPORT Tuesday, October 2, 2018 Subject Future Planning Commission Items Section ADMINISTRATIVE PRESENTATIONS Item No: F.2. Prepared By Jean Steckling, Senior Admin. Support Specialist File No:  PROPOSED MOTION: ATTACHMENTS: Future Planning Commission Agenda Items Future Planning Commission Agenda Items Schedule DATE ITEMS Work Session Items Possible Future Items (Date Unknown) • Moon Valley – IUP amendment • Santa Vera Apartments – Site Plan Review – PUD • 6480 Oriole Ave. - Subdivision • City Code updates • 330 Pleasant View Road – subdivision • Frontier – subdivision • Avienda PUD Amendment • United Properties/Rezoning to PUD (Marathon) • 3800 Red Cedar Point Road – Subdivision with variance • Applebees Redevelopment CUP • American Legion Expansion January 2 January 22 CC (Mark U. absent) • 7052 Minnewashta Pkwy. – setback variances to build a home • 3617 Red Cedar Point Road – Variance (2 car garage and setback) • 531 West 79th Street – Panera site plan review January 16 February 12 CC • 1651 Motorplex Ct. – LaMettry RLS (subdivision) • 7700 Quattro Dr. – CUP • 7721 Erie Ave. – variance • 7555 Walnut Curve – variance for pool February 6 February 26 CC (Andrew absent) • Cancelled February 20 March 12 CC (Mark R. and Mark U. absent) • Arbor Glen – PUD Amendment • Annual Report • Interview New Commissioners (immediately following meeting) March 6 March 26 (John & Nancy absent) • Cancelled March 20 April 9 CC (Mark U. absent) • Cancelled April 3 6:00 PM start time WORK SESSION • Review Comp Plan – jurisdictional comments • Local Water Management Plan – update • Oath of Office for new commissioners • Adopt Bylaws • Election of Chair April 17 May 14 CC • MEETING CANCELLED (NO ITEMS SUBMITTED) April 23 CC (Andrew absent) • Joint Meeting with City Council May 1 May 29 (Tuesday) CC • MEETING CANCELLED (NO ITEMS SUBMITTED) Future Planning Commission Agenda Items Schedule DATE ITEMS May 15 June 11 CC • Public Hearing - Code Amendment – pervious pavers & Brewery Ordinance, adult daycare OI district amendment, beekeeping, Retail Pickup Signage June 5 June 25 CC • 1110 Lake Susan Drive – lot cover variance for shed • 340 Sinnen Circle - front setback & lot cover variance for garage expansion • Transmission Line – Audubon & Lyman – CUP June 19 July 9 CC (Michael absent) • 3861 Red Cedar Point Road – subdivision with variance July 3 • No Meeting July 17 August 13 CC (Michael absent) • Control Concepts – site plan review • 2040 Comprehensive Plan • Galpin Property – PUD concept review August 7 August 27 CC • Glendale Drive – subdivision • Control Concepts - variance August 8 • Joint Commissions Tour August 21 September 10 CC • Cancelled September 4 September 24 CC • Target PUD Amendment-sign variance • 7644 South Shore Variance for Bluff Setback • Glendale Drive – subdivision September 18 October 8 CC (John absent) • 821 Creekwood Variance for Installation of a Septic System October 2 October 22 CC (Mark U. absent) • Glendale Drive – subdivision October 16 November 13 CC • Eidsness – subdivision with variance • Work Session - Review Flood Plain Protection Ordinance November 6 • No Meeting - Election November 20 December 10 CC • Beehive 3rd Addition – Site Plan Review • Holasek – United Properties • Update Flood Plain Protection Ordinance December 4 January 14 CC • \\cfs5\cfs5\shared_data\agendas\pc\2018\future planning commission agenda items 2018.docx