Attachment 16. Findings of Fact and DecisionCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE: Application of Landform Professional Services LLC — Planning Case No. 2017-10,
Avienda
Request for Preliminary Plat creating 17 lots, 3 outlots and dedication of public right-of-
way for public streets (115.519 acres); and a Rezoning of 115.519 acres of property zoned
Agricultural Estate District, A2, to Planned Unit Development-Regional Commercial District
PUD-RC)including Exhibit A Avienda Design Standards; and Conditional Use Permit to
encroach into the primary zone and required buffer for development in the Bluff Creek Corridor;
Wetland Alteration Permit to 4.4659 acres of permanent wetland impacts and a Variance as
shown in plans dated April 14, 2017, and June 13, 2017, to request to construct into the primary
zone and required buffer for development in the Bluff Creek Corridor located at the southwest
corner of Powers Boulevard and Lyman Boulevard.
On May 16 and June 6, and June 20, 2017 the Chanhassen Planning Commission met at
its regularly scheduled meeting to consider the application of Landform Professional Services
LLC, for a Preliminary Plat,Rezoning to Planned Unit Development-Regional Commercial
PUD-RC),Wetland Alteration Permit, Conditional Use Permit and Variances. The Planning
Commission conducted public hearings on the proposed development preceded by published and
mailed notice. The Planning Commission heard testimony from all interested persons wishing to
speak.
Based on the City
Council's review of the staff reports, the Planning Commission verbatim minutes, and testimony,
the Council makes the following:
FINDINGS OF FACT
1.The property is currently zoned Agricultural Estate District, A2 District.
2.The property is guided in the Land Use Plan for Office or Regional Commercial
3. The legal description of the property is:
See Exhibit A.
4.SUBDIVISION
The findings necessary for city council approval of the preliminary plat have been satisfied:
a. The proposed subdivision is consistent with the zoning ordinance;
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b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
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;
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;
e. The proposed subdivision will not cause environmental damage;
f. The proposed subdivision will not conflict with easements of record;
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 dedicated and improved public streets.
3. Lack of adequate sanitary sewer systems or no ISTS (individual sewer treatment
system).
4. Lack of adequate off-site public improvements or support systems.
h. Preliminary plat approval creating 17 lots, 3 outlots and dedication of public right-of-way,
plans prepared by Landform dated April 14, 2017 and June 14 ,2017 is contingent upon
the following conditions
Engineering
1. Top and bottom elevations for all retaining walls shall be labeled on the plan set.
2. Landscaping between tiered walls shall be low or no maintenance.
3. A fence or other barrier is required at any location where a wall is greater than 6 feet tall
and within 10 feet of a public right of way.
4. The following wall materials are prohibited: smooth face,poured in place concrete
stamped or patterned is acceptable),masonry,railroad ties, or timber. Boulder walls are
prohibited if the maximum height is greater than 6 feet.
5. All retaining walls shall be owned and maintained by a property-owners association.
6. The applicant shall revise their plan and relocate Wall F outside the buffer area of the
adjacent wetland prior to grading the site.
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7. As large, landscaped boulevards are proposed, the applicant shall add a note to the typical
sections to identify a corridor for installation of private utilities such as power,
communication, gas, etc.
8. The applicant shall show the road profiles and a horizontal alignment table in the plan set
for all public roads prior to final plat.
9. The public roads constructed with this development are: Bluff Creek Boulevard, Avienda
Parkway, Sunset Trail and Mills Drive. All other roads and drives constructed with this
development will be privately owned and maintained.
10. The applicant proposes an Ultimate Plan for the Bluff Creek intersection with Powers
Boulevard that includes two-lane entry into the roundabout. The City requires this
Ultimate Plan be constructed at this time,but the roadway can be striped for one-lane
only.
11. The applicant shall remove pavement and expand the median on the southern leg of the
Powers Boulevard/Bluff Creek Boulevard intersection to remove the second left-turn lane
from northbound Powers Blvd to westbound Bluff Creek Blvd.
12. Staff recommends the applicant add traffic calming measures to Avienda Parkway West
near the residential areas of development. Specifically, the applicant shall incorporate
pedestrian-friendly crossing features to the intersection at Mills Drive and Avienda
Parkway West.
13. The applicant shall revise the width of Mills Drive to correspond with the existing Mills
Drive section in The Preserve at Bluff Creek.
14. The applicant shall align the intersection of Mills Drive and the access to the apartment
building with the parking ramp to form an intersection rather than offset as the current
plan shows.
15. Sunset Trail will become a private roadway from Avienda Parkway to Bluff Creek
Boulevard as it winds through the center of the development. When Block 5 and/or Lot 2,
Block apply for site plan approval, this private road shall be constructed.
16. The plan for concrete sidewalk on the inside of Avienda Parkway shall be revised to a 5-
foot width.
17. ADA-compliant pedestrian ramps shall be constructed at all intersections and median
refuges per the MnDOT standard details.
18. The sanitary stub from MH 25 shall be no larger than the 8" downstream pipe and the
slope shall be adjusted accordingly.
19. Sanitary service stubs shall be provided for the six twin home units proposed on Mills
Drive.
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20. Sanitary structures shall be moved out of the landscaped median and into the center of
lanes for improved future maintenance access.
21. All sanitary sewer main constructed within the right-of-way in this project shall be
publically owned and maintained.
22. Private sanitary main must be constructed to meet the City's requirements for public
utilities.
23. The plan shall use 2017 Chanhassen standard detail plates, which are available on the
City's website.
24. The proposed water main connection 570 feet north of the Bluff Creek Blvd/Powers Blvd
intersection shall be removed. A water main connection from Avienda Parkway to
Lyman Boulevard through the parking lot of Lot 3, Block 4 shall be installed. The
applicant shall grant a drainage and utility easement for this publically owned and
maintained connection.
25. Water service stubs shall be provided for the six twin home units proposed on Mills
Drive.
26. Additional water main stubs shall be provided at the accesses for Lot 1, Block 4 and Lot
1, Block 5.
27. All water main constructed within the right-of-way in this project shall be publically
owned and maintained. Private sanitary and water main must be constructed to meet the
City's requirements for public utilities.
28. The applicant must show a maintenance access route for the pond at the bottom of Wall
D.
29. The applicant must provide the total disturbed area of the proposed development.
30. Permanent stormwater management controls for Volume, Rate, and Water Quality are
required per the Riley Purgatory Bluff Creek Watershed District(RPBCWD)rules.
31. The applicant must provide a figure clearly identifying the areas to be irrigated with areas
quantified, which is not included in the current plans.
32. The proposed reuse system does not provide sufficient volume reduction per RPBCWD
rules. It is recommended that the irrigation system is revised to provide further volume
reduction.
33. The applicant must provide documentation that each of these ponds meets the Level 1, 2,
and 3 criteria per the Minnesota Stormwater Manual to ensure that they will produce the
calculated water quality benefits.
34. The applicant must provide the annual runoff volumes to each wetland for the pre- and
post-project conditions.
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35. The applicant must provide further information on the bounce and inundation periods for
each of the identified critical wetlands. The bounce and inundation changes caused by the
project must be in compliance with WCA requirements.
36. The twin home units must pay a water and sanitary service partial hook-up fee when Lot
1, Block 2 and Lot 1, Block 3 are replatted at the rate in place at that time. The remaining
hook-up fees would be paid with the building permits.
37. The developer shall work with the Building Department to determine the City SAC and
WAC fees for commercial and multi-family buildings. The hook-up fees for commercial
and multi-family buildings are due with the building permit at the rate in place at that
time.
38. The developer shall pay this site's portion of the 2005 AUAR costs-which is $25,836.70
with the final plat.
39. Collector and Arterial Roadway Traffic Impact Zone fees will be collected with the final
plat. The fee will be based on the commercial rate of$3,600 per acre and a residential
rate of 2,400 per acres.
40. The developer shall escrow funds for installation of traffic signals at Sunset Trail, Powers
Boulevard and Audubon Road. The escrow amount shall be based on the Carver County's
cost participation policy as published on their website.
41. The proposed redevelopment will need a Riley-Purgatory—Bluff-Creek Watershed
District(RPBCWD)permit prior to beginning construction activities.
42. It is the applicant's responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project(i.e., Army Corps of Engineers, DNR,
MnDOT, Carver County, RPBC Watershed District, Board of Water and Soil Resources,
PCA, etc.).
43. A drainage and utility easement shall be placed over Outlot B.
44. The developer shall dedicate the Conservation Easement containing the Bluff Creek
Primary Zone to the City.
45. Provide a cross access easement to Lot 4, Block 1
Landscaping
1. No development encroachment on the Bluff Creek Overlay District primary zone shall be
allowed nor fragmentation of the primary zone area.
2. The access route shall follow the shortest route from Camden Ridge to the proposed
development.
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3. The applicant shall submit an overall landscape plan that shows proposed landscaping for
the overall site including items such as parking lots, perimeter, foundation and open space
areas.
4. Parking lot islands shall be linear areas incorporating planting area and stormwater
management.
5. If the applicant chooses to install the minimum requirement sizes of parking lot
landscaping islands, then if the proposed plan remains committed to individual landscape
islands, then silva cells, engineered soil or other accommodations must be used in order
to insure the survival of the trees.
6. No more than 20% of the total trees should be from any one genus and no more than 10%
should be from any one species.
7. A reuse watering system should be considered to irrigate all plantings within the site.
8. Drought tolerant plants shall be incorporate into the overall landscape plan.
9. Proposed landscaping plant materials shall be selected based on site conditions.
10. At a minimum, overall tree cover should be at least 20-25% or higher in commercial
areas and a minimum of 30-35% or higher in residential areas.
11. Any landscaping located within the ROW or the median shall be covered by an
encroachment and maintenance agreement
Park and Trail
1. Incorporate meaningful park-like places, including the provision of appropriate recreation
equipment, site furnishings, and landscaping adjacent to residential components.
2. Preserve the woodlands identified in the Bluff Creek Overlay District. Provide a blanket
trail easement over the entire preserved area to accommodate the installation of natural
surface public trails.
3. Provide an attractive public trail connection from the north entering the Bluff Creek
Overlay District.
4. Incorporate traffic calming into all pedestrian crossing locations.
5. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland
dedication.
Building Official Comments
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1. The buildings are required to have automatic fire extinguishing systems.
2. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
3. Soil evaluation(geo-technical)report required.
4. Retaining walls over four feet high must be designed by a professional engineer and a permit
must be obtained prior to construction.
Fire Department Comments
The east and west bound driving lanes of Bluff Creek Boulevard extending from Powers
Boulevard to the existing Bluff Creek Boulevard be increased from 16 feet to 20 feet curb to
curb. This is in order for emergency apparatus to safely pass cars and trucks once they pull over
and stop.
5.CONDITIONAL USE PERMIT
The conditional use permit meets the following requirements for approval:
a.Will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city.
b. Will be consistent with the objectives of the city's comprehensive plan and this
chapter.
c.Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
not change the essential character of that area.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
e.Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of
the proposed use.
f.Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
g.Will not involve uses, activities,processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property or the general
welfare due to excessive production of traffic, noise, smoke, fumes, glare, odors,
rodents or trash.
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h. Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or surrounding public thoroughfares.
i.Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
j.Will be aesthetically compatible with the area.
k. Will not depreciate surrounding property values.
1.Will meet standards prescribed for certain uses as provided in this article.
6.WETLAND ALTERATION PERMIT
The wetland alteration permit meets the following standards for approval:
a.The alteration will not have a net adverse effect on the ecological and
hydrological characteristics of remaining wetland.
b. It shall be located as to minimize the impact on vegetation.
c.It shall not adversely change water flow.
d. The size of the altered area shall be limited to the minimum required for the
proposed action.
e.The disposal of any excess material is prohibited within remaining wetland areas.
f.The disposal of any excess material shall include proper erosion control and
nutrient retention measures.
g. Alterations to any wetland area are prohibited during waterfowl breeding season
or fish spawning season, unless it is determined by the city that the wetland is not
used for waterfowl breeding or fish spawning.
h. Alterations to wetland areas shall be mitigated in accordance with the
requirements of this article if the activity results in a loss of wetland area and/or
function and value of the wetland.
i.Dedicated buffers in accordance with section 20-411.
7. VARIANCE
A variance may be granted if all of the following criteria are met:
a. Variances shall only be permitted when they are in harmony with the general
purposes and intent of this chapter and when the variances are consistent with the
comprehensive plan.
Response: The proposed development's encroachment into the Bluff Creek primary
zone does not meet the standards for granting the variance since they could, but do not
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avoid impacts to the primary zone. The Intent of the PUD district is create ..."a more
sensitive proposal than a standard zoning district." The intent was to protect a natural
corridor from the source to the convergence with the Minnesota River that would allow
for wildlife migration, habitat protection, green space preservation,recreational
opportunities, educational opportunities,protection of the bluff areas from erosion, and
protection of the water quality of Bluff Creek.
b. When there are practical difficulties in complying with the zoning ordinance.
Practical difficulties," as used in connection with the granting of a variance, means
that the property owner proposes to use the property in a reasonable manner not
permitted by this chapter. Practical difficulties include, but are not limited to,
inadequate access to direct sunlight for solar energy systems.
Response: The development could be designed to avoid impacts to the Bluff Creek
primary zone. The PUD zoning district allows for density and green space transfer.
c. That the purpose of the variation is not based upon economic considerations alone.
Response: The development gains economic value by expanding into the Bluff
Creek primary zone. Impacts to the primary can be avoided. The PUD zoning
district allows for density and green space transfer.
d. The plight of the landowner is due to circumstances unique to the property not
created by the landowner.
Response: The development could be designed to avoid impacts to the primary zone.
The PUD zoning district allows for density and green space transfer.
e. The variance, if granted, will not alter the essential character of the locality.
Response: The encroachment into the primary zone would alter the natural
environment within this area. If granted, this will be the second variance of this type
within the Bluff Creek Overlay District in this area. The other was approved as part of
the Powers Crossing development allowing grading up to the primary zone boundary,but
not encroaching into the primary zone, which was never built. The Bluff Creek Overlay
District was intended to preserve the natural corridor along Bluff Creek for aesthetic,
recreational, wildlife and water quality functions. As Section 20-1551 of the City Code
states, "significant natural features should impact development rather than development
impacting significant natural features."
f. Variances shall be granted for earth-sheltered construction as defined in M.S. §
216C.06, subd. 14, when in harmony with this chapter.
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Response: This criteria does not apply.
8. REZONING
The proposed rezoning meets the required standards for approval::
a. The proposed zoning has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City Comprehensive
Plan.
b. The proposed zoning is or will be compatible with the present and future land uses of the
area.
c. The proposed zoning conforms with all performance standards contained in the Zoning
Ordinance.
d. The proposed zoning will not tend to or actually depreciate the area in which it is
proposed.
e. The proposed zoning can be accommodated with existing public services and will not
overburden the city's service capacity.
f. Traffic generation by the proposed use within the zoning district is within capabilities of
streets serving the property.
9.The planning report #17-10 dated May 16 and June 6th, 2017, and June 20, 2017 prepared
by Kate Aanenson, et al, is incorporated herein.
DECISION City Council approves the proposed development including a
Preliminary Plat creating 17 lots, 3 outlots and right-of-way for public streets (approximately 115
acres); Rezoning of property to Planned Unit Development—Regional Commercial, PUD-RC; a
Wetland Alteration Permit for the grading and filling of wetlands; and Conditional Use Permit
for development within the Bluff Creek Overlay District, and denies the Variance for
encroachment and construction in the Bluff Creek Primary Zone for the construction of the
development; as shown in plans dated April 14, 2017 and June 13, 2017.
ADOPTED by the Chanhassen City Council this 10th day of July, 2017.
Chanhassen City Council
BY:
Mayor
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