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06-19-96 Agenda and Packet FILE AGENDA CHANHASSEN PLANNING COMMISSION WEDNESDAY,JUNE 19, 1996, 7:00 P.M. CHANHASSEN CITY HALL, 690 COULTER DRIVE CALL TO ORDER OLD BUSINESS A. Land use plan amendment for the northerly 22.6+acres from office/industrial to residential medium density, conceptual and preliminary PUD approval for a mixed townhome and office-industrial development on 45.21 acres located at the northwest corner of Lyman and Galpin Blvd., rezoning from A2, Agricultural Estate to PUD, Planned Unit Development, site plan approval for 146 townhome units, a wetland alteration permit to fill and excavate wetlands on site, and preliminary plat approval creating 24 lots and associated right-of-way, Town & Country Homes First Addition, Town and Country Homes. PUBLIC HEARINGS 1. Request for Preliminary plat of Lot J,Bardwell Acres into two single family lots on property zoned RSF, and located at 6250 Chaska Road,Black Walnut Acres,William Swearingen. 2. Request for an Interim Use Permit for a nursery and variances to the setback requirements on property zoned A2 and located at the northwest corner of TH 101 and TH 212, Skip Cook. 3. Request for site plan approval for three buildings in a 26,600 square foot commercial development on 3.4 acres and a conditional use permit to allow more than one principal building on a lot, on property zoned BG, General Business District and located on the northeast corner of Powers Blvd. and West 78th Street,Lots 1 and 2,West Village Heights 2nd Addition,West Village Center,Phase II,T.F.James Company. 4. Zoning Ordinance Amendment to Section 20-1124. Required number of on-site parking spaces, by amending section (1) f., to change the required number of accessible parking spaces within a parking lot to meet Minnesota State Building Code and state law requirements. 5. An amendment to the City Code Section 18-61. Landscaping and tree preservation requirements, by amending section (a)(50),to clarify location of fences along collector and arterial streets in relation to landscape buffers. Also, an amendment to Section 20-1018, Commercial and industrial fences, and Section 20-1019,Location of fences. NEW BUSINESS 6. Discuss adoption of a Program for Development District No. 5 and a Plan for Tax Increment Financing District No. 5-1. APPROVAL OF MINUTES CITY COUNCIL UPDATE ONGOING ITEMS OPEN DISCUSSION 7. Private Drive Amendment. 8. Villages on the Ponds. ADJOURNMENT C I TY 0 F >,c DATE: 6/5/96 6/19/96 \\I CHANHASSEN 9 C DATE: 7/8/96 ASE #: 96-2 PUD, 96-5 SPR, 95-lb LUP, and 95-2b WAP STAFF REPORT PROPOSAL: Mixed medium density residential and industrial office development on 45.21 acres, a land use plan amendment for the northerly 22.6 ± acres from office/industrial to residential medium density, conceptual and preliminary PUD approval for a mixed townhome and office-industrial development, }--- rezoning from A2, Agricultural Estate to PUD, Planned Unit Development, site plan approval for 140 z townhome units, a wetland alteration permit, and preliminary plat approval creating 24 lots and associated right-of-way,Town&Country Homes First Addition. LOCATION: The northwest corner of Lyman and Galpin Blvd. APPLICANT: Town and Country Homes a. 6800 France Avenue South, Suite 170 Edina,MN 55435 Q (612) 925-3899 PRESENT ZONING: A2, Agricultural Estate District ACREAGE: gross: 45.21 acres net(less wetlands, 3.7 ac., and ROW, 8.96 ac.): 32.55 acres DENSITY: 7.1 units/acre (gross), 8.17 units/acres (net) ADJACENT ZONING AND LAND USE: N-PUD,Trotters Ridge, single-family homes S- A2,Lyman Boulevard and Holasek's nursery E-RSF, Galpin Blvd. and Stone Creek Add, single-family W-Industrial Park in Chaska WATER AND SEWER: Available to the site. PHYSICAL CHARACTER: The property has farming uses on the northern and eastern portions of the site; W mining and excavating operation on the western and southwest portions of the property; and landscaping operation is located on the central portion of the property. A house is located in the southeast corner of the property. Three large wetland areas are located in the east central,northwest, and southwest of the property. The site is significantly wooded in the north central area. The property has a high point of approximately 980 feet in the north central and low point of 940 feet in the southwest corner of the property. The property is bounded by Galpin and Lyman Boulevards. 2000 LAND USE PLAN: Office/Industrial Si 1 / ;-\ JW /Q 1 H o, NW 11.11111.11111111117, Is-t. ice,_ =. _ ,` "m.! W//111111111 LAKEA 4‘111%) _____ UV, -- - - TATE r •. ilk U . I �� . a 1. , PT (0.W411 CJ1 a -V - , POR 47q1041;;. r4 . ,. T. ,.,,,-‘ -"II i . 44.1.,11.4.71.- ... .. / r bowsw. • •.4` . .......... �� LOCATION 55.._wimp ;,., u ; ��., I1 _LYMAN `ft:W. >€> "`< : O%."1/9.S-�///Q��� M,10, v0` ° am•.k�`r el Vp ' ,�� eau 1 ,o 8 c N8700—iARr / _ -: `(%si. I I / • ^ .."4 ee00—I /// A ' 1 .AI MW / I 0 frifill 1 8300 1 n n 900D Jal '!opAll ! LTM CITY OF 9100 I ANHASSEN 9200 - -- BASE MAP 9500 a I i 9400 a1`\ _ \ 1 ' ! 9500 � x 9600 — o c i �/isr 1 I l 4 9,00 / ` . 9e00 1 _J ,2° /•. 9900 Q r' 10000— 1010;, 10200• _ _. _ .. SEN ENGINEERING DEPT. ` .c""' 10]00 \.. REVISED JAN, 1995 \ .s,'‘7 REVISED ` , '. loaoo— •, 0500 , Town and Country Homes June 5, 1996 Page 2 UPDATE (6/13/96) The applicant has submitted revised site plans in response to the comments received at the June 5, 1996 Planning Commission hearing. These plans reduce the number of units from 146 to 140 by eliminating two of the structures located in the northeast corner of the site in the area of closest proximity to the Trotters Ridge development. Views from Trotters Ridge will be of the sides or front of units in this area. Where eight units structures are located backing on the Trotters Ridge development,views will be oblique to these structures. The applicant has agreed to work with the city to create an acceptable landscape buffer along the northern property line of this development. In developing this plan, staff will strategic locate landscape to screen direct views to existing dwellings within the Trotters Ridge development. The applicant has provided the city with a copy of a Phase I Environmental Site Assessment prepared by S.A. Partners of the subject property dated May 16, 1996. The conclusion of the assessment states "This assessment has revealed no evidence of recognized environmental conditions in connection with the subject property." The report did note that suspected asbestos- containing building materials and recommended that sampling and testing be conducted prior to demolition of the structures. In addition, the report notes that two above ground diesel storage tanks have been removed from the site. Staff recommends that soil samples be obtained and tested for these areas. In addition, city staff has met in the field with the applicant's wetland consultant to verify wetland issues on the property. The city is working to create a significant open space wildlife habitat within the general vacinity of the project. Just north of the Trotters Ridge development, the city is attempting to assemble a 100 plus acre area for passive park uses. Currently, the city has a portion of the northern edge of the Trotters Ridge development as well as approximately 60 acres donated by Betty O'Shaughnessy. Additional land will be included from the Gateway property located west of these areas. Staff believes that the applicant has addressed many of the concerns expressed at the June 5 Planning Commission meetings and is committed to work with the city and neighbors to create a harmonious development. Staff is recommending approval of the project as revised. PROPOSAL/SUMMARY The applicant, Town& Country Homes, is requesting conceptual and preliminary Planned Unit Development, PUD, approval for a mixed office/industrial and townhome development on 45.21 acres of land. The applicant is requesting a land use plan amendment for the northerly 22.6+acres from office/industrial to residential-medium density,rezoning from A2,Agricultural Estate to PUD, Planned Unit Development, site plan approval for-1-46 140 townhome units,a wetland alteration permit to fill and excavate and mitigate wetlands on site, and preliminary plat approval Town and Country Homes June 5, 1996 Page 3 creating 24 lots and associated right-of-way. The proposed development is called Town&Country Homes First Addition. The office/industrial component of the development consists of two lots of 6.29 and 9.4 acres. Separate site plan approvals will be required for each of the two lots subject to the development parameters contained herein. Staff estimates the office/industrial development will be between 100,000 and 150,000 square feet which represents a F.A.R. of 0.14-0.22. The square footage could be increased if the development were to incorporate two or three story buildings. The proposed townhouse units are proposed as condominium type units in eleven 6-unit and ten 8- unit structures. The townhomes will be developed on lots ranging from 125 to 146 feet in width with lot depths of 72 feet. Each lot will accommodate 6 or 8-unit structures. Each home will have a minimum of a one car garage. The majority of units will be slab on grade with some lookout and walkout units depending on topography. The estimated price for units will range from$85,000 to $115,000 which would meet the criteria established by the Metropolitan Council for housing affordability. The net developable acreage for the residential portion of the development is approximately 17.8 acres. This acreage permits a total number of units of 142 to comply with the medium density land use being requested which permits a maximum net density of 8.0 units per acre. Staff if/. Staff is recommending that the land use plan amendment,the concept and preliminary PUD, the site plan, and the wetland alteration be approved with the modifications to the plan and the conditions of approval contained in this report. Development design standards are being established for the future development of the site as well as for the review of the current application for the residential component. BACKGROUND In the summer of 1995, Scherber Partnership Properties, requested a land use map amendment from Office/Industrial to Residential -Low Density, a rezoning to Single Family Residential, RSF, and preliminary plat approval to permit 59 single-family lots. City staff recommended denial of the land use map amendment and consequently the rezoning and subdivision. The Planning Commission voted unanimously to recommend denial of the development, and the City Council tabled the item,with the consent of the applicant,to permit staff and the applicant to work out a compromise for the development of the parcel. However, in February, 1996, the applicant formally withdrew the development application. As part of the discussion of the proposed single-family development, City Council directed that the following issues be looked at: Town and Country Homes June 5, 1996 Page 4 • The possibility of buffering the existing single-family developments to the north and east of the site through the inclusion of higher density residential or a mixed use development with residential to the north and industrial to the south. • Tree preservation, wetland protection, and minimization of the site grading. • Tax and expenditure consequences of the change from office/industrial to residential as well as the overall balance and viability of the community. On February 13, 1987, the City Council approved CUP#87-1 for a landscape contractor's yard and a wholesale nursery and a variance to permit a contractor's yard within one mile of an existing contractor's yard(on the same property) subject to the following conditions: 1. The hours of operation shall be from 7:30 a.m. to 5:30 p.m., Monday through Saturday and work on Sundays or holidays is not permitted. 2. All truck traffic leaving the site must be southbound on County Road 117 and truck traffic entering the site must be northbound on County Road 117. 3. Outdoor lighting and speakers are not permitted. 4. Berming and landscaping shall be provided as shown on the site plan dated January 22, 1987. 5. Any expansion of the operation shall require a conditional use permit. On November 19, 1984, the City Council approved a Conditional Use Permit(CUP), #84-13, to permit a contractor's yard for R& W Sanitation on the southeasterly 32 acres of the site. Such approval included the storage and repair of garbage trucks. The CUP was subject to the condition that "Any expansion of the operation such as construction of additional buildings or an increase in the number of vehicles beyond what is represented in request#84-13 must be approved by a conditional use permit." The property was zoned R-1 A, Agricultural Residence District. On November 19, 1984, the City Council also approved CUP#84-14 for a contractor's yard for Mr. Volk to include the storage and repair of construction equipment for Volk Trucking and Excavating. The permit was issued subject to the following conditions: 1. All equipment must be stored within the confines of the yard area as identified on the submitted site plan and must be kept out of site (sic) from adjacent properties. Town and Country Homes June 5, 1996 Page 5 2. Any enlargement of the operation such as construction of additional buildings or an increase in the number of vehicles beyond what has been submitted in this application must be approved by a conditional use permit. 3. Unlicensed,junk vehicles must be placed in an enclosed building or removed from the premises. 4. Installation of evergreens along and on top of the berm on the south side of the yard. In April, 1982, the property owner, Volk,applied for a building permit to reconstruct a pole barn which had collapsed due to heavy snow. The building permit was denied because the storage and repair of excavating equipment in the pole barn was not a permitted use in the R-1A district at that time. Mr. Volk petitioned the Council on May 17, 1982 to issue the building permit. The City Council approved the issuance of the building permit subject to Mr. Volk applying for a rezoning request from R-1 A to I-1. Mr. Volk made an application for the rezoning and a comprehensive land use plan amendment. On June 25, 1982, the Planning Commission recommended denial of the request. However,the Planning Commission recommended that the applicant have the option of returning to the Planning Commission with a CUP request. The City Council considered the request on October 4, 1982. The Council tabled the item until staff completed a survey of all contractors'yards as well as other non-conforming uses in the city. The City Council amended the Zoning Ordinance to allow contractor's yards as CUPs in the R-1 A zone on August 20, 1984. On November 12, 1980, a rezoning request from R-1A to I-1 on the parcel was considered by the Planning Commission. At that meeting, the request was revised to an ordinance amendment to permit contractors'businesses and storage yards as conditional uses in the R-1 A district. The Planning Commission recommended denial of the request. The City Council subsequently denied the request on January 5, 1981. SITE CHARACTERISTICS The property has abandoned farming uses on the northern and eastern portions of the site; abandoned mining and excavating operation on the western and southwest portions of the property; and a landscaping operation is located on the central portion of the property. A house is located in the southeast corner of the property. Three large wetland areas are located in the east central, northwest, and southwest of the property. The site is significantly wooded in the north central area. The property has a high point of approximately 980 feet in the north central and low point of 940 feet in the southwest corner of the property. The property is bounded by Galpin and Lyman Boulevards. Town and Country Homes June 5, 1996 Page 6 REZONING/COMPREHENSIVE PLAN The applicant is requesting a comprehensive plan amendment for the northerly 22.6 acres of the property from Office/Industrial to Residential- Medium Density. This property was one of four areas that was designated for Office/Industrial use as part of the 1991 comprehensive plan update. At that time, there was a remaining supply of 95 acres of vacant industrial land in Chanhassen. For the continued well being of the community and in the interest of promoting a balance of land uses, Chanhassen established a plan that would accommodate a reasonable amount of industrial office development in the future. With that goal in mind, the city assessed where it would be reasonable to allow this development to occur. In undertaking the analysis,the location of existing industrial office development in Chaska was reviewed, existing and proposed roads and highways necessary to provide high levels of access were assessed, and the need to provide the buffering of existing residential neighborhoods were examined in detail. The result of the analysis was to add additional office/industrial land totaling 638 acres for a total industrial land use area of 1,099 acres representing 8.2 percent of the city's total land area of 13,327 acres. The proposed amendment would eliminate 22.6 acres of office/industrial land from the city. This represents approximately two percent of the office/industrial land in the city or 0.2 percent of the city's total land area. In 1992, the American Planning Association undertook a study of land use ratios in 66 municipalities. The summary of this survey was published in the American Planning Association,PAS Memo of August 1992. Industrial land use ratios for communities under 100,000 averaged seven percent with a range of 0 to 25 percent. Included in the study was a summary of a land use study by Eisner and Associates of land use ratios compiled between 1939 and 1985. The Eisner study showed a range of industrial land uses between 10 and 11 percent. It is illustrative to look specifically at two communities: Columbia, Maryland, a 1960s planned community, and Oak Creek,Wisconsin, an upper midwest community comparable in population to Chanhassen. Columbia's residential land use components is 43 percent of its land area. Its commercial and industrial land uses represent 20 percent of the land area. It is assumed that the uses are evenly distributed between commercial and industrial. Oak Creek's land uses are distributed as follows: residential - 37 percent, commercial - 8 percent, and industrial - 12 percent. Chanhassen's land use ratios are as follows: residential - 42.2 percent, commercial - 2.1 percent, and industrial - 8.2 percent. As can be seen, Chanhassen's industrial and commercial components are smaller than either of these communities,while its residential component is proportionate to both of the communities. These ratios will also be considered when we examine future land use of properties currently outside of the Metropolitan Urban Services Area(MUSA). Staff believes that in this instance the proposed amendment is in the best interest of the community in terms of maintaining an appropriate balance of land uses,preserving an Town and Country Homes June 5, 1996 Page 7 appropriate tax base mix,providing a range of employment opportunities,and providing for lifecycle and affordable housing opportunities. The applicant has proposed a development that is unique to the community and fills a niche in the housing needs for either current or future residents of the city. This subdivision attempts to maintain the natural features of the site, locating the residential development in a compact design in the more environmentally sensitive areas of the site and locating the office/industrial uses in the more open and currently impacted areas. The applicant has requested a Planned Unit Development locating multi-family that meets some of the affordable housing goals of the city. The applicant has proposed a development that includes both industrial and residential properties within the site,placing industrial lots on the southern portion of the site in areas that are less desirable for residential development adjacent to the expanding industrial property to the south and Lyman Boulevard and residential on the northern portion of the site adjacent to Trotters Ridge. This site was designated for office/industrial use partially because it was being used for non- residential and non-agricultural purposes and was adjacent to the industrial expansion coming from the south in Chaska. In addition, the site is adjacent to two collector roadways, providing high levels of access. The city's comprehensive plan and zoning ordinance require extensive buffering between industrial uses and single-family residential. Financial Impact Staff has performed the tax revenue analysis of the proposed development by Town& County versus an entire industrial office development on the site. Since valuation of the property can only be estimated at this time, staff has provided a range for residential and industrial uses. For the Town & Country development, staff estimates residential property values at an average of $100,000 and office industrial square footages at 150,000, which represents a floor area ratio of 0.22. For an entire office/industrial development, staff estimates building square footages at 140,000 square and 338,000 square feet. These industrial square footages represent floor area ratios of 0.086 and 0.209,respectively. Based on gross acreage of the site(46.27 acres), these ratios are 0.069 and 0.168,respectively. As a comparison, the estimated floor area ratio for Chanhassen Business Center is 0.149 (13.85 acres of building divided by 93.02 acres of land) for the gross site area. Town& Country Residential: Value: $100,000 One Percent of first$72,000 720 Two percent of balance 560 Subtotal $1,280 Town and Country Homes June 5, 1996 Page 8 Tax Capacity 149 percent $1,907.2 Multiply by 142 units $270,822.40 City's share of taxes 20 percent $54,164.48 Office/Industrial: Building Square Footage 150,000 Valuation: $35 per square foot $5,250,000 Three percent of first $100,000 $3,000 4.6% of balance $236,900 Tax Capacity 137% $357,451 City's share of taxes 20 percent $71,490.20 City's share of taxes within TIF 50 percent $178,725.50 Total Tax Revenues: without TIF $125,654.68 with TIF $232,889.98 Office/Industrial Building Square Footage 140,000 338,000 Valuation: $35 per square foot $4,900,000 $11,830,000 Three percent of first$100,000 3,000 3,000 4.6 percent of balance 220.800 539.580 Subtotal $223,800 $542,580 Tax Capacity 149 percent $33,462 $808,444.20 City's share of taxes 20 percent $66,692.40 $161,688.84 City's share of taxes within TIF 50 percent $166,731 $404,222.10 Town and Country Homes June 5, 1996 Page 9 (In order to facilitate industrial development,the city may establish a TIF district. That is the reason for including the TIF tax share figure. These figures represent the impact of fiscal disparities on industrial office development because the city currently is a net beneficiary of fiscal disparities. It should also be pointed out that the majority of these tax dollars would be used to retire debt incurred within the district, rather than as an increase to the general fund. However, the use of a TIF district permits the city to perform infrastructure improvements, e.g., purchase of parks and the building of trails,roadways, stormwater facilities,or utility extensions, that would normally require the use of other funding sources.) Other potential revenues that are impacted are enterprise funds for water and sewer usage. Industrial developments are large users of these services and pay higher rates than residential developments. Nor does this analysis quantify the spillover benefits from industrial development. Nonresidential development, generally,brings in additional dollars in the community from employees and visitors. All industrial development creates an economic multiplier for the local economy which has the effect of magnifying the fiscal benefits of each dollar of wages that are put into the industry. Without industrial and commercial employment, local residential development would be unable to support the existing level of retail and service industries in the community, not to mention the additional commercial development that is being planned and development. At present, we are unable to determine the expenditure side of the fiscal impact equation in Chanhassen. However,based on a study in"Land Patterns,"Winter 1996, residential development averaged $1.04 in expenditures for every$1.00 in revenues and commercial industrial developments averaged$0.39 for every$1.00 in revenue. This represents a net revenue of$41,442.45 for the Town& Country development and a net revenue of$40,682.36 to $98,630.20 for the office/industrial development only. Staff is recommending that the requested Land Use Map amendment be approved. REZONING Justification for Rezoning to PUD The applicant is requesting to rezone approximately 45 acres from A2, Agricultural Estate, to PUD, Planned Unit Development. There are two components to the PUD: industrial/office and medium density residential. The following review constitutes our evaluation of the PUD request. The review criteria is taken from the intent section of the PUD Ordinance. Section 20-501. Intent Town and Country Homes June 5, 1996 Page 10 Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfer of density, construction phasing, and a potential for lower development costs. In exchange for this enhanced flexibility,the City has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the other more standard zoning districts. FINDINGS It will be the applicant's responsibility to demonstrate that the City's expectations are to be realized as evaluated against the following criteria: 1. Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, mature trees, creeks, wetlands, lakes and scenic views. Finding. The proposed development is preserving and enhancing the major wetlands on site. Significant areas of woodland are being preserved along Galpin Boulevard,to the west of the easterly wetland, and between the office/industrial and residential area in the center of the project. The development utilizes topographic changes by stepping buildings up the slopes. 2. More efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels. Finding. The proposed development effectively mixes residential and office/industrial land uses, incorporating topographic and vegetative areas to transition the uses. Large areas will remained undisturbed in their natural states. 3. Sensitive development in transitional areas located between different land uses and along significant corridors within the city will be encouraged. Finding. The proposed development incorporates topographic and vegetative areas to transition the uses. In addition, the low density residential development to the north transitions to medium density residential then office/industrial uses. The proposed development is sensitive in the treatment of the site,preserving large areas of undisturbed natural areas and minimizing the grading of the site by matching to a large extent the existing topography of the site. 4. Development which is consistent with the Comprehensive Plan. Town and Country Homes June 5, 1996 Page 11 Finding. The office/industrial portion of the site is consistent with the comprehensive plan. The applicant is requesting a land use map amendment for the residential portion of the development. The proposed residential development complies with many elements of the comprehensive plan including community development, land use, housing, and transportation goals and policies. 5. Parks and open space. The creation of public open space may be required by the city. Such park and open space shall be consistent with the Comprehensive Park Plan and overall trail plan. Finding. While no public park space is being provided in the development, the applicant is creating large areas of open space on site as well as trail connections and sidewalks to the city's trail system along Galpin and Lyman Boulevards. 6. Provision of housing affordable to all income groups if appropriate with the PUD. Finding. The estimated price for units will range from$85,000 to$115,000 which would meet the criteria established by the Metropolitan Council for housing affordability. 7. Energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses. Finding. The proposed development conserves energy through the mixture of land uses in a compact area. Site design preserves topography and existing woodlands to provide natural shading and wind blocks for winter. 8. Use of traffic management and design techniques to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. Finding. The proposed development incorporates a commercial cross section for street A and a local cross section for streets B and C. Pedestrian trails and sidewalk will be provided in the development to separate motorized and non-motorized traffic. Appropriate traffic control signage shall be installed in the development. Summary of Rezoning to PUD Rezoning the property to PUD provides the applicant with flexibility,but allows the city to request additional improvements. The site's unique features can be better protected through the use of narrower street right-of-way and reduced front yard setbacks. The flexibility in standards Town and Country Homes June 5, 1996 Page 12 allows the disturbed areas to be further removed from the unique features of the site. In return for the flexibility, the city is receiving: Development that is consistent with Comprehensive Plan Preservation of desirable site characteristics(wetlands, trees, and topographical features) Sensitive development in transitional areas More efficient use of land GENERAL SITE PLAN/ARCHITECTURE The applicant, Town& Country Homes, is proposing a Planned Unit Development, PUD, for a mixed office/industrial and townhome development on 45.21 acres of land. The applicant is requesting a land use plan amendment for the northerly 22.6±acres from office/industrial to residential -medium density,rezoning from A2,Agricultural Estate to PUD, Planned Unit Development, site plan approval for 146 townhome units,a wetland alteration permit to fill and excavate and mitigate wetlands on site,and preliminary plat approval creating 24 lots and associated right-of-way. The proposed development is called Town& Country Homes First Addition. The office/industrial component of the development consists of two lots of 6.29 and 9.4 acres. Separate site plan approvals will be required for each of the two lots subject to the development parameters contained herein. The proposed townhouse units are proposed as condominium type units in eleven 6-unit and ten 8- unit structures. The majority of units being proposed are rambler type units. However, where existing site elevations permit, lookout and walkout type units will be included. End units in structures contain two-car garages with central units containing single-car garages. The end units of each structure are two story units with interior units being stacked, single-level units. Front elevations consist of face brick on the lower levels with vinyl siding. The applicant has proposed using five different exterior color packages for the structures(attached)with an entire structure incorporating one package. Roof lines are varied and differentiated in orientation. Structures can be shifted horizontally along slopes with changes in finished floor elevations varied up to three feet within an individual structure. DEVELOPMENT STANDARDS Town and Country Homes June 5, 1996 Page 13 RESIDENTIAL a. Intent The purpose of this zone is to create a PUD medium density residential. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each lot proposed for development shall proceed through site plan review based on the development standards outlined below. b. Permitted Uses The permitted uses in this zone shall be limited to 142 townhouse units and a private or public park area. c. Setbacks In the PUD standards, there is the requirement for landscape buffering in addition to building and parking setbacks. The following setbacks shall apply: Building Galpin Blvd.: Buffer yard& Setback C, 50' Street A: Buffer yard& Setback B,25' Street B: Buffer yard& Setback B, 20' Street C: Buffer yard& Setback B, 20' Perimeter Lot Line (adjacent to industrial) C, 50' Perimeter Lot Line (adjacent to residential): B, 50' Buffer yard& setback No fences shall be permitted between the required landscape buffer and arterial and collector roads. d. Development Site Coverage and Building Height The PUD standard for hard surface coverage is 30% for medium density residential uses. Town and Country Homes June 5, 1996 Page 14 The maximum building height shall be three(3) stories and forty(40) feet e. Building Materials and Design 1. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. 2. All materials shall be of high quality and durable. Major exterior surfaces of all walls shall be face brick, stone,glass, stucco,vinyl siding,decorative block, or approved equivalent as determined by the city. 3. All accessory structures shall be designed to be compatible with the primary structure. 4. All mechanical equipment shall be screened with material compatible to the building or with landscaping. 5. Variation in building facade shall be provided through architectural detailing including the use of half round and square window treatments, circular,half round, and square or rectangular attic vents, and the vertical breaking of structures. f. Site Landscaping and Screening 1. All buffer landscaping, including boulevard landscaping, included in Phase I shall be installed when the grading of the phase is completed. The buffer yard plantings, in particular,need to be established immediately. 2. All open spaces and non-impervious surfaces shall be landscaped, rockscaped, covered with plantings and/or lawn material, or left in natural condition. 3. Storage of material outdoors must be screened with wood or masonry fences and/or landscaping to 100 percent opacity from property outside the plat. g. Signage 1. One project identification sign shall be permitted for the development which shall not exceed twenty-four(24) square feet in sign display area nor be greater than five(5) feet in height and shall be located on Galpin Boulevard. The sign treatment is an element of the architecture and thus should reflect the quality of the development. 2. All signs require a separate sign permit. Town and Country Homes June 5, 1996 Page 15 h. Lighting 1. Lighting should be consistent throughout the development. The plans do not provide for street lighting. The City requires the developer to install street lights throughout the street system. 2. A decorative, shoe box fixture(high pressure sodium vapor lamps)with an ornamental, natural colored pole shall be used throughout the development area for area lighting. 3. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 candle at the property line. This does not apply to street lighting. OFFICE/INDUSTRIAL a. Intent The purpose of this zone is to create a PUD light industrial/office park. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each lot proposed for development shall proceed through site plan review based on the development standards outlined below. b. Permitted Uses The permitted uses in this zone should be limited to light industrial, warehousing, and office as defined below. If there is a question as to the whether or not a use meets the definition, the City Council shall make that interpretation. 1. Light Industrial. The manufacturing, compounding,processing,assembling,packaging, or testing of goods or equipment or research activities entirely within an enclosed structure, with no outside storage. There shall be negligible impact upon the surrounding environment by noise,vibration, smoke,dust or pollutants. 2. Warehousing. Means the commercial storage of merchandise and personal property entirely within an enclosed structure. 3. Office. Professional and business office,non-retail activity except for showroom type display area for products stored or manufactured on-site provided that no more than 20 percent of the floor space is used for such display and sales. c. Setbacks Town and Country Homes June 5, 1996 Page 16 In the PUD standards, there is the requirement for landscape buffering in addition to building and parking setbacks. The following setbacks shall apply: Building Parking Galpin Blvd.: Buffer yard& Setback C, 50' 50' Lyman Blvd.: Buffer yard& Setback C, 50' 50' ' Street A: Buffer yard & Setback B, 30' 30' Interior Side Lot Line(adjacent to industrial): B, 30' 20 Buffer yard & setback Interior Side Lot Line(adjacent to residential): D, 50' 50' Buffer yard& setback No fences shall be permitted between the required landscape buffer and arterial and collector roads. d. Development Site Coverage and Building Height 1. The PUD standard for hard surface coverage is 70% for office and industrial uses. 2. More than one(1)principal structure may be placed on one(1)platted lot. 3. The maximum building height shall be four(4) stories and fifty(50) feet e. Building Materials and Design 1. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. 2. All materials shall be of high quality and durable. Major exterior surfaces of all walls shall be face brick, stone, glass, stucco,architecturally treated concrete,cast in place panels, decorative block, or approved equivalent as determined by the city. Color shall be introduced through colored block or panels and not painted block or brick. 3. Block shall have a weathered face or be polished, fluted,or broken face. Exposed cement ("cinder")blocks shall be prohibited. Town and Country Homes June 5, 1996 Page 17 4. Metal siding will not be approved except as support material to one of the above materials or curtain wall on office components or,as trim or as HVAC screen. 5. All accessory structures shall be designed to be compatible with the primary structure. 6. All roof mounted equipment shall be screened by walls of compatible appearing material. Wood screen fences are prohibited. All exterior process machinery,tanks, etc.,are to be fully screened by compatible materials. All mechanical equipment shall be screened with material compatible to the building. 7. The use of large unadorned,prestressed concrete panels and concrete block, or a solid wall unrelieved by architectural detailing, such as change in materials,change in color, fenestrations, or other significant visual relief provided in a manner or at intervals in keeping with the size, mass,and scale of the wall and its views from public ways shall be prohibited. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. 8. Space for recycling shall be provided in the interior of all principal or accessory structures. f. Site Landscaping and Screening 1. All buffer landscaping, including boulevard landscaping, included in Phase I shall be installed when the grading of the phase is completed. This may well result in landscaping being required ahead of individual site plan approvals, but we believe the buffer yard and plantings, in particular, need to be established immediately. In addition, to adhere to the higher quality of development as spelled out in the PUD zone, all loading areas shall be screened. Each lot for development shall submit a separate landscaping plan as a part of the site plan review process. 2. All open spaces and non-parking lot surfaces shall be landscaped, rockscaped, or covered with plantings and/or lawn material. 3. Storage of material outdoors is prohibited. 4. Undulating or angular berms 3'to 5'in height, south of Street A and along Galpin and Lyman Boulevards shall be sodded or seeded at the conclusion of grading and utility construction. The required buffer landscaping may be installed incrementally,but it shall be required where it is deemed necessary to screen any proposed development. All required boulevard landscaping shall be sodded. Town and Country Homes June 5, 1996 Page 18 5. Loading areas shall be screened from public right-of-ways. Wing walls may be required where deemed appropriate. g. Signage 1. All freestanding signs be limited to monument signs. One Industrial Office Park identification sign shall be permitted for the development which shall not exceed eighty (80) square feet in sign display area nor be greater than eight(8) feet in height and shall be located on Lyman Boulevard. Each lot is permitted one low profile ground business sign. Such sign shall not exceed 64 square feet in sign display area nor be greater than eight(8) feet in height. The sign treatment is an element of the architecture and thus should reflect the quality of the development. The signs should be consistent in color, size, and material and height throughout the development. A common theme will be introduced at the development's entrance monument and will be used throughout. The applicant should submit a sign package for staff review. 2. All signs require a separate sign permit. 3. Wall business signs shall comply with the city's sign ordinance. h. Lighting 1. Lighting for the interior of the business center should be consistent throughout the development. The plans do not provide for street lighting. As with previous industrial parks/roadways,the City has required the developer to install street lights throughout the street system. 2. A decorative, shoe box fixture(high pressure sodium vapor lamps) with an ornamental, natural colored pole shall be used throughout the development area for area lighting. 3 Lighting equipment similar to what is mounted in the public street right-of-ways shall be used in the private areas. 4. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 candle at the property line. This does not apply to street lighting. SUBDIVISION REVIEW WETLANDS Town and Country Homes June 5, 1996 Page 19 There appears to be five wetland basins on site. Staff requires a wetlands report documenting the character, locations, types of wetlands, and alternatives to the plan to try to avoid impacts. The applicant has hired a delineator to prepare a report and will be required to provide the City a copy of the delineation report prior to final plat approval. Figure 1 shows the approximate locations of the wetlands as they appear on the grading plan. The wetlands on site can be broken into five separate basins that are described as follows: Wetland A - is located in the northwest corner of the site. The northern part of this wetland is located on the Trotter's Ridge development. It is an ag/urban wetland and does not appear to be directly impacted by the proposed plan. The applicant will be required to maintain a 0 to 20 foot wide buffer with an average buffer width of 10 feet around the basin. Wetlands B and C - are located on the east side of the property and are aligned north to south along Galpin Boulevard. These basins are classified as ag/urban. They have been heavily grazed and cropped over the years and have previously been identified as a candidate for a wetland restoration project. It appears that these basins B and C were connected at one time. Wetland B has been identified to act as a utilized wetland in the City's Surface Water Runoff Plan (SWMP). Wetland C will be filled as a result of the proposed project. Mitigation is proposed on the south west corner of Wetland B. The applicant will be required to maintain a 0 to 20 foot wide buffer with an average buffer width of 10 feet around the existing and created basins. Wetland D- is located in the southwest corner of the property. It is an ag/urban wetland that will not be directly impacted as a result of the proposed plan,however, the current earthwork operation which has occurred in the past has impacted this wetland and needs to be restored. The applicant will be required to maintain a 0 to 20 foot wide buffer with an average buffer width of 10 feet around the basin. This area has also been proposed to act as a nutrient trap in the City's SWMP recommendations. However, staff is requiring a pretreatment pond which the applicant has shown on the plans. Wetland E - is located in the west central part of the site in an area that is heavily wooded. This wetland has not been given a classification, and will be evaluated after the city receives the wetland report. If it is classified as a natural wetland, a buffer strip of 10 to 30 feet wide with an average buffer width of 20 feet around the basin is required. Approximately 3/4 of the wetland (4,498 square feet) is proposed to be filled to meet building setbacks. If this wetland is classified a natural wetland, staff would like to see alternatives to this presumed avoidable impact. Mitigation On April 12, 1996, the Governor of Minnesota signed into law amendments to the 1991 Wetland Conservation Act. The new rules will be in effect for the next 60 days along with the existing Town and Country Homes June 5, 1996 Page 20 laws. The new law increases the de minimis exemption(the amount of impact not regulated) from 400 square feet to 2,000 square feet. The City of Chanhassen ordinances are written to comply with the 1991 version of the Wetland Conservation Act. Because the City of Chanhassen has not adapted these changes to its ordinances, nor have they carefully discussed the impacts such an exemption would have, City staff has decided to take a discretionary approach to approving this exemption, on a project to project basis. Because the City has been a leader in the state in the field of wetland and surface water management,we feel it may defeat the purpose of previous work to approve such an exemption before studying its impacts on the City's Surface Water Management Plan. The applicant has proposed the following mitigation plan for the 0.11 acre of fill to Wetland C and Wetland E: Of the 5,012 square feet of wetlands that are proposed to be filled,the applicant is requesting 2,000 square feet be exempt under new WCA rules. Mitigation would then be completed at a 2:1 ratio of the remaining 3,012 square feet. This would create 6,024 square feet of new wetlands that would be added on to the existing Wetland B. Since the mitigation area will expand Wetland B,City staff would like to see restoration of the existing wetland as a condition of approval. Buffers and Setbacks-The City Wetland Ordinance requires buffer strips for the ag/urban wetlands located on the property. The buffer strip width required for natural wetlands is 10 to 30 feet with a minimum average width of 20 feet. The buffer strip width required for an ag/urban wetland is 0 to 20 feet with a minimum average width of 10 feet. The principal structure setback for these wetlands is 40 feet measured from the outside edge of the buffer strip. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The City will install wetland buffer edge signs before construction begins and will charge the applicant$20 per sign. SURFACE WATER MANAGEMENT PLAN The City has adopted a Surface Water Management Plan(SWMP). The SWMP serves as a tool to protect,preserve, and enhance the City's water resources. The plan identifies the stormwater quantity and quality improvements from a regional perspective necessary to allow future development to take place and minimize its impact to downstream water bodies. In general,the water quantity portion of the plan uses a 100-year design storm interval for ponding and a 10-year design storm interval for storm sewer piping. The water quality portion of the plan uses William Walker Jr.'s Pondnet model for predicting phosphorus concentrations in shallow water bodies. An ultimate conditions model has been developed at each drainage area based on projected future land use, and therefore,different sets of improvements under full development were analyzed to deter- mine the optimum phosphorus reduction in priority water bodies. Town and Country Homes June 5, 1996 Page 21 The City requires storm water quantity calculations for pre and post developed conditions and water quality calculations from the applicant prior to final plat. After review of the calculations,the City will make recommendations for approval of the stormwater plan in accordance with the SWMP. Water Quality The SWMP has established an connection charge for water quality systems. The cash dedication will be equal to the cost of land and pond volume needed for treatment of the phosphorus load leaving the site. The requirement for cash in lieu of land and pond construction shall be based upon a schedule in accordance with the prescribed land use zoning. The water quality charge has been calculated at$ $1,530/acre for a townhome with 3 to 8 units. Credits will be given if the applicant provides water quality treatment according to the City's SWMP standards. The total fee will be determined at the time of final platting. Water Quantity The SWMP has established an connection charge for different land uses based on an average,city-wide rate for the installation of water quantity systems. This cost includes all proposed SWMP trunk systems,culverts,and open channels and stormwater ponding areas for temporary runoff storage. Medium density developments will have a connection charge of$2,975 per developable acre. The connection charges will be calculated after review of the final construction plans and will be due at the time of final plat recording. GRADING The developer and staff have been working together in designing a development plan which minimizes impacts to the site characteristics, i.e. trees, wetlands, and site grades. The grading plan submitted incorporates design elements as a part of our meetings. Staff believes the grading plan minimizes the site grading over the residential component as much as possible. This area has been designed to take advantage of the site's characteristics by proposing a number of different building unit styles, i.e. walkouts, lookouts, and rambler-type dwellings to conform with existing grades thus minimizing grading. Staff is in support of the preliminary grading plan as shown. The commercial/industrial component(Lot 1, Block 2 and Lot 1,Block 3)will be mass graded with the exception of vegetative areas in the easterly portion of Lot 1, Block 2. This portion of the site is fairly void of vegetation and grading is necessary to prepare site for commercial/industrial use. These lots may be subject to further alteration when individual site plans actually are submitted for review and approval. Town and Country Homes June 5, 1996 Page 22 A berm is proposed to be located adjacent to Lyman Boulevard on the south side of Lot 1, Block 3. On Lot 2, Block 1,the site is proposed to be leveled off by taking the average grade of the lot which is proposed to be 11 feet lower then the residential component to the north and east. This grade separation will provide added buffer between the residential and industrial use. DRAINAGE The plans propose a series of catch basins to convey stormwater runoff to three stormwater quality treatment ponds prior to discharging into the wetlands. Given the grade differences on the property, the three ponds are warranted. Storm sewers are proposed to "link"the wetlands together to maintain water levels throughout the development. The City of Chaska has also requested that some site improvements be incorporated into the development to alleviate current drainage problems along the west side of the site. Based on the drainage plans it appears the applicant has attempted to address Chaska's concerns by installing the storm sewer system along the westerly property line. This should be worked out with the City of Chaska prior to final plat approval. The stormwater ponds will need to be designed and constructed with side slopes of either 4:1 overall or a 10:1 bench for the first 10 feet at the normal water level and 3:1 slopes thereafter for safety purposes. It appears the plans have incorporated the 3:1 side slopes with a 10:1 bench at the normal water level. Detailed storm sewer calculations for 10-year and 100-year storm events along with ponding calculations based on Walker's PondNet methodology shall be submitted to staff for review and approval. Outlet control structures for water quality and emergency overflow may be required for the wetlands. At the time of final plat submittal, staff will be reviewing final construction drawings which may require minor changes to the storm drainage system. One such change could be to relocate the storm sewer outlet between Lots 20 and 21 to the easterly side of Lot 21 for ease of maintenance and access. Drainage and utility easements will be required over all utilities outside the street right-of-way. The minimum easement width shall be 20 feet wide. Access to the ponding areas for maintenance have been addressed. EROSION CONTROL The preliminary grading and drainage plan does propose erosion control measures throughout the development. Type III erosion control will be required adjacent to the wetlands and steep slope areas. Additional erosion control measures shall be incorporated on the final grading plan submittal for example between the berm proposed on Lot 1, Block 3 and Street A. Town and Country Homes June 5, 1996 Page 23 All disturbed areas as a result of construction will need to be reseeded and mulched within two weeks after site grading is completed. The entire site must be graded prior to issuance of building permits with the exception of one model home permitted adjacent to a hard surfaced street. UTILITIES Municipal sanitary sewer and water services is available to the site from Galpin Boulevard. In addition, a 12-inch water line has been extended southerly from Trotters Ridge in the northeast corner of the development assuming commercial development. Even though the land use has changed, the applicant should propose to extend this watermain to loop the watermain in Street C and modify the watermain diameter to an 8-inch water line in C Street. Upon completion of the utilities in this development, they will be turned over to the City for maintenance and ownership. Detailed construction plans and specifications of the utility and street improvements should be submitted in conjunction with final plat approval for staff review. The construction plans and specifications shall be prepared in accordance with the City's latest edition of Standard Specifications and Detail Plates. The developer will also need to enter into a development contract with the City and provide financial security to guarantee installation of the public improvements. The site has existing wells and septic systems which will need to be abandoned in accordance with local and state health guidelines. STREETS The site is proposed to be serviced with a looped street system for the commercial/industrial area and two cul-de-sacs in the residential component. Staff has met with the applicant and agreed to compromise the 60-foot right-of-way width down to 50 feet in the residential area(Streets B and C) to minimize impacts to the environmental features of the site. Street A right-of-way will be 60-feet in accordance with City ordinance. The street widths on Streets B and C,however,will remain the City's standard width of 31 feet. Street A is proposed to be constructed in accordance with the City's commercial/industrial standards which is 36-feet wide, face-to-face concrete curb and gutter and to a 9-ton street design. Staff has reviewed the street layout and fords the alignments acceptable. Staff will further review the street, utility and drainage plans with the final construction plan submittal in conjunction with final plat review. Town and Country Homes June 5, 1996 Page 24 Decorative landscaped islands are proposed in both cul-de-sacs. The island radiuses may not exceed 12 feet in order to maintain turning radiuses for the fire apparatuses. Also, the cul-de- sacs will have to be posted for no parking to ensure free traffic lanes. TREE PRESERVATION AND LANDSCAPING Applicant has submitted plans for tree removal and landscaping for the residential and industrial/commercial areas of the development. Since tree preservation requirements are different between the two uses, canopy coverage calculations have been done for each of the land use areas rather than the development as a whole. Staff has made the following calculations: Residential Industrial/Commercial Total Land Area 19.86 ac. 16.59 ac. (Area+ROW-wetland) Existing Cover 9.47 ac. 3.25 ac. (%coverage) (48%) (20%) Required Minimum Cover 6.17 ac. 2.3 ac. (%coverage) (30%) (14%) Proposed Removal 5.87 ac. 2.36 ac. Remaining Coverage 3.6 ac. 0.89 ac. (%coverage) (18%) (5%) Replacement Requirement 3.1 ac. (124 trees) 1.7 ac.(68 trees) (Required - Remaining) x 1.2 As can be seen,the applicant is removing in excess of the required minimum coverage and is therefore required to reforest at a rate of 1.2 times the difference between the required and remaining coverages. Applicant is required to plant 124 trees within the residential area, however in the proposed landscaping plan, 361 overstory,understory and evergreen trees area scheduled to be planted. Since the residential area of this development borders many different uses, such as industrial/commercial, county road, and low density residential, special attention should be paid to providing appropriate landscape near the uses. It is approximately 720 feet from the corner of the first townhome in the northeast corner to the edge of the wetland in the northwest along which there are the townhomes to the south and the Trotter's Ridge development to the north. Town and Country Homes June 5, 1996 Page 25 The width of this area is narrowest at the eastern end with 50 feet; each succeeding townhome is further from the property line with the last one before the wetland approximately 120 feet from the property line. Using the city's buffer yard ordinance No. 250,the required plantings for this area is 7 canopy trees, 14 understory trees and 14 shrubs of which the developer is only responsible for 75%of the totals. On the landscaping plan submitted,the applicant is proposing groups of evergreen and deciduous plantings totaling 28 trees,but no shrubs. There are potentially 5 existing trees in that area scheduled for preservation. The western and southern sides of the residential area abut industrial use. the townhomes on the southern edge are across the street from the industrial building and their garages front the street. Each home is being provided with one tree near the driveway. On the industrial lot, 41 evergreens and 9 deciduous trees are scheduled to be planted by"others." On the eastern sides where it is homes not garages facing the industrial buildings, a berm, 67 evergreens, 3 oaks,43 understory trees, and 25 shrubs are scheduled. According to ordinance, the developer is required to provide 75%of the following 30 foot buffer yard: 22 canopy trees, 54 understory trees, 54 shrubs, and a structure. The western edge of the development borders Galpin Blvd., a principal arterial. The buffer requirements along this road are 7 canopy trees, 14 understory trees and 14 shrubs. There are existing trees that will be preserved along the road which more than meets the requirements. However, staff feels it is necessary to provide increased landscaping at the entrance off Galpin to help screen traffic and headlights from the first townhome unit. For the same reasons, a couple of trees should be added to the landscaping at the townhome on the northwest corner of street A and street B. Since the existing trees in the development are mature and valuable oaks, staff recommends that the applicant inventory all trees, including those to be saved or removed. Any trees scheduled to be saved lost due to construction will be replaced at a rate of two times the diameter by the developer. The same would apply to the industrial development as well. PARKS AND RECREATION The Park and Recreation Commission met on May 21, 1996 to review this proposal. The Commission voted to recommend that full park and trail fees be paid pursuant to city ordinance in lieu of park land dedication. The Commission recommended that a private trail connection be made from the end of street C to the trail on Galpin Boulevard and a five foot sidewalk shall be incorporated along the north side of street A from Galpin to Lyman Boulevards. In addition, the Commission requested that the applicant look at providing a tot lot area within Lot 22,Block 1. MISCELLANEOUS Town and Country Homes June 5, 1996 Page 26 Street names. In order to avoid conflicts and confusion, street names,public and private,must be reviewed by the Public Safety Department. Proposed street names are not included with the submitted documents. Structure information. Locations of proposed dwelling pads and the type of dwelling is necessary to enable the Inspections Division and Engineering Department to perform a satisfactory plan review of the structure at the time of building permit issuance.For the same reason,proposed lowest level floor elevations as well as garage floor elevations are required to be indicated on the proposed pad location. Standard designations (FLO or RLO, R, SE, SEWO,TU,WO)must be shown for proposed dwelling types. These standard designations lessen the chance for errors during the plan review process. The memo explaining these designations is enclosed. Demolition. Existing structures on the property which will be demolished will require demolition permits. Proof of well abandonment must be furnished to the City and a permit for septic system abandonment must be obtained and the septic system abandoned prior to issuance of a demolition permit. Setbacks. Exterior walls(at bays and optional bays)and projections (at overhangs and decks)are regulated by the Uniform Building Code(UBC) With building sizes and property lines as shown, decks will not be permitted as shown,overhangs will not be permitted in some cases and exterior walls must be of one-hour fire-resistive construction in some cases. Openings shown in some walls will not be permitted with the building and property lines as shown. To avoid opening protection and one-hour fire-resistive wall construction,the property lines should be at least four feet from any wall of the building where a twelve inch overhang is planned. Decks may not be built within three feet of the property line. These requirements are found in UBC Table 5-A, 503.2.1 and 705. Since these issues involve property lines,they need to be resolved before preliminary plat approval. Soils. The Carver County Soil Survey indicates the site may contain some glencoe soils. Glencoe soils are given a building site group 10 rating,which indicates they are unsuitable for building. A geotechnical evaluation,which includes an FHA/VA lot by lot tabulation for land development with controlled earthwork, should be submitted to the Inspections Division for review. The report should also include a copy of the grading and drainage plan. The developers and designers my desire to meet with the Building Official as early as possible to discuss commercial building permit requirements. One project identification sign shall be permitted for the residential development. Such sign shall be located on Galpin Boulevard only and shall comply with the City's sign ordinance. FINDINGS Town and Country Homes June 5, 1996 Page 27 Subdivision, Section 18-39 (fl 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The proposed subdivision is consistent with the zoning ordinance. The applicant has worked extensively with staff to develop a proposal and site design that addresses many of the concerns of the city. 2. 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 of the property for the residential component is inconsistent with the existing land use designation of the property which is office/industrial. Subject to the city amending the comprehensive plan from office/industrial to residential -medium density, the proposal would be consistent with the land use designation. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: While some of the site contains poor soil conditions for development (Cordova silty clay loam and Glencoe silty clay loam) on proposed building sites or roadway, it is possible through soil corrections to make the site suitable for development. As a condition of development, the applicant will be required to incorporate best management practices for erosion control and demonstrate all lots would be buildable. 4. 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 is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision attempts to minimize impacts to the environment. While some tree removal and wetland alterations are oftentimes necessary to develop sites through tree preservation measures and the use of smaller right-of-way widths and front yard setbacks.,the applicant has reduced potential environmental damage. Town and Country Homes June 5, 1996 Page 28 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements,but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision is provided with adequate urban infrastructure. WETLAND ALTERATION PERMIT Wetland Alteration Permit(Section 20-407) When approving a wetland alteration permit, the following principals shall be adhered to: 1. Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland. Finding: The applicant has demonstrated that they have attempted to avoid or minimize impacts to wetlands through redesign of elements of the development. 2. Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation. Finding: The applicant has demonstrated that they have attempted to avoid or minimize impacts to wetlands through revisions made to the plan to move structures and roadways away from wetlands. 3. Rectifying the impact by repairing,rehabilitating, or restoring the affected wetland activity and its implementation. Town and Country Homes June 5, 1996 Page 29 Finding: The proposed wetland mitigation is to enhance and restore the natural appearance and the quality of the wetlands on site or within the watershed. Water quality ponding will be provided to filter stormwater prior to entering the wetland. 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity. Finding: The proposed alterations will benefit the proposed development in the area by creating an enhanced and restored natural environment. Through the enhancement and long term protection of the remaining wetlands,the city is implementing its stormwater plan as well as improving the natural environment. Water quality ponding will be provided to filter stormwater prior to entering the wetland. 5. Replaces unavoidable impacts to the wetlands by restoring or creating substitute wetland areas having equal or greater public value as set forth in Minnesota Rules 8420.0530 to 8420.0630. Finding: The development's improvements will enhance the drainage facilities within the area and will be served by the appropriate public facilities. This wetland has been altered in the past during agricultural practices. The proposed wetland mitigation is to enhance and restore the natural appearance and the quality of the wetlands in the area. Water quality ponding will be provided to filter storm water. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends the City Council approve Land Use Map Amendment #96-lb from Office/Industrial to Residential Medium Density for the northerly 22.6 acres, conceptual and preliminary approval of PUD#96-2,preliminary plat approval for 24 lots and associated right-of-way, Site Plan Review#96-5 approval for 142 townhouse units,and Wetland Alteration Permit#95-2b subject to the following conditions: 1. The development shall comply with Development Standards established within this report, incorporated herein by reference. Town and Country Homes June 5, 1996 Page 30 2. The developer shall ensure a minimum of 50%of the units meet the Metropolitan Council's definition of Affordable Housing. 3. Submit street names to the Public Safety Department, Inspections Division and Fire Marshal, for review and approval prior to final plat approval. 4. Revise the preliminary grading plan to show the location of proposed dwelling pads,using standard designations and the lowest level floor and garage floor elevations. This should be done prior to final plat approval. 5. Obtain demolition permits. This should be done prior to any grading on the property. 6. Adjust property lines to permit openings in exterior walls or revise plans to remove openings. Adjust property lines to permit code complying projections or revise plans to remove projections. Adjust property lines to permit decks or revise plans to remove decks. This should be done prior to final plat approval. 7. Provide a geotechnical evaluation report to the Inspections Division. This should be done before any permits are issued. 8. Eliminate center islands in both cul-de-sacs. Exception: Submit drawings for City Engineer's and Fire Marshal's review and approval to accommodate the turning around of the Fire Department's largest apparatus. This would have to take into account parking in the cul-de-sac. 9. No burning permits for trees removed will be issued. Any downed trees will have to be chipped on site or hauled off site. 10. Additional fire hydrants will be required. City Engineer and Fire Marshal will review plans and make appropriate changes. (Note: Maximum hydrant spacing is 300 feet.) 11. A ten foot clear space must be maintained around fire hydrants, i.e., street lamps,trees, shrubs,bushes, NSP,NW Bell, cable television,transformer boxes. This is to insure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. 12. A separate sign permit shall be required for all development signage. 13. One project identification sign shall be permitted for the residential development. Such sign shall be located on Galpin Boulevard only and shall comply with the City's sign ordinance. Town and Country Homes June 5, 1996 Page 31 14. Full park and trail fees shall be paid pursuant to city ordinance in lieu of park land dedication. A private trail connection shall be made from the end of street C to the trail on Galpin Boulevard and a five foot sidewalk shall be incorporated along the north side of street A from Galpin to Lyman Boulevards. In addition, the applicant should look at providing a tot lot area within Lot 22,Block 1. 15. Tree preservation fencing must be installed prior to any grading. 16. Any tree(s) scheduled to be saved that is lost due to construction practices shall be replaced by the developer at a rate of two times the diameter. 17. A tree inventory shall be submitted to the city prior to the final approval of the development. 18. Increase landscaping at two locations: The north side of the entrance off Galpin Blvd. and the northwest corner of Street A and Street B to screen homes from traffic and headlights. 19. Developer shall guarantee plant material installed for two growing seasons. 20. Type III erosion control fence shall be installed adjacent to wetlands. Additional erosion control measures may be incorporated on the final grading plan submittal. 21. The applicant shall "loop"the watermain in Street C with the existing 12-inch watermain in the northeast corner of the site. 22. All wells and septic systems shall be abandoned in accordance with local and state health codes. 23. The cul-de-sac island radius shall not exceed 12 feet. Parking in the cul-de-sacs shall be prohibited and posted accordingly. 24. Street A shall be construction 36 feet wide face to face and to a 9-ton street design within a 60-foot wide right-of-way. Streets B and C shall be constructed to the City's urban residential standard with a right-of-way of 50 feet versus 60 feet. 25. All buffer areas shall be surveyed and staked by the applicant in accordance with the City's wetland ordinance. The City will install wetland buffer edge signs before construction begins and will charge the applicant$20 per sign. Town and Country Homes June 5, 1996 Page 32 26. The final plat shall dedicate the appropriate utility and drainage easements for access and maintenance of the storm sewer lines as well as ponding areas and wetlands. 27. The proposed storm water ponds shall be designed with side slopes of 10:1 for the first ten feet at the normal water level and no more than 3:1 thereafter or 4:1 throughout for safety purposes. The storm ponds shall be constructed with the initial site grading. 28. Water quality fees will be based in accordance with the City's SWMP. If the applicant constructs the water quality ponds as proposed,these fees will be waived. Water quantity fees will be based in accordance with the City's SWMP. Storm sewer trunk fees will be evaluated based on the applicant's contribution to the SWMP design requirements. The fees will be determined by staff upon approval of the construction plans. 29. The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall relocate or abandon the drain tile as directed by the City Engineer. 30. All utility and street improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detail Plates. Detailed street and utility plans and specifications shall be submitted for staff review and City Council approval. 31. The applicant shall provide detailed storm sewer calculations for 10-year and 100-year storm events and provide ponding calculations for storm water quality/quantity ponds in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve. The applicant shall provide detailed predeveloped and post- developed storm water calculations for 100-year storm events and normal water level and high water level calculations in existing basins. Individual storm sewer calculations for a 10-year storm event between each catch basin segment will also be required to determine if sufficient catch basins are being utilized. In addition,water quality ponding design calculations shall be based on Walker's Pondnet model. 32. The applicant shall enter into a development contract with the City and provide the necessary financial security to guarantee compliance with the terms of the development contract. 33. The applicant shall apply for an obtain permits from the appropriate regulatory agencies, i.e. Carver County Watershed District, MWCC,Health Department,PCA, DNR, Army Corps of Engineers and MnDOT and comply with their conditions of approval. 34. Prior to final plat approval the applicant shall submit to the City soil boring information. On lots with fill material that have been mass graded as part of a multi-lot grading Town and Country Homes June 5, 1996 Page 33 project, a satisfactory soils report from a qualified soils engineer shall be provided to the Building Official before the City issues a building permit for the lot. 35. No berming or landscaping will be allowed within right-of-way areas. 36. The lowest floor elevation of all buildings should be a minimum of two (2) feet above the high water level calculated according to the shoreland ordinance guidelines. 37. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 38. Preliminary Plat approval is contingent upon the applicant preparing a wetland delineation report of the site.In addition to a wetland inventory the applicant is responsible for receiving the necessary permits and approval from the governmental agencies such as DNR,Army Corps of Engineers and Watershed District. 39. On wetlands A,B, C and D the applicant will be required to maintain a 0 to 20 foot wide buffer with an average buffer width of 10 feet around the basin. On Wetland E the applicant will be required to maintain a buffer of 10 to 30 feet with an average width of 20 feet. 40. The report did note that suspected asbestos-containing building materials and recommended that sampling and testing be conducted prior to demolition of the structures. 41. In addition, the report notes that two above ground diesel storage tanks have been removed from the site. Staff recommends that soil samples be obtained and tested for these areas. ATTACHMENTS 1. Development Review Application 2. Planned Unit Development(PUD) Concept Plan and Preliminary Plan narrative 3. Building Elevations and Floor Plans,reductions 4. Site Plan, reduction 5. Town& Country Homes 1st Addition Exterior Color Packages dated 5/29/96 6. Letter from Kenneth Adolf to Bob Generous dated 5/29/96 7. Letter from Al Block to Bob Generous dated 5/24/96 8. Letter from Jim Hirz to Bob Generous dated 5/16/96 9. Letter from Charles D. Folch to Bill Weckman dated 5/15/96 Town and Country Homes June 5, 1996 Page 34 10. Memo from Steve A. Kirchman to Bob Generous dated 5/24/96 11. "Land Patterns,"Winter 1996, Vol. 1,No.1,page 6 12. Notice of Public Hearing and Mailing List 13. Wetland locations FROM :SCHOELL 6 MRESCN 612 546 9065 1996,05-01 12:33 #694 P.02/06 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612)937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: " �d 44017 s ADDRESS: -� r i L,A. % „ A. / DRESS: P4- 7O Ga4P//7 Ag L� _ CAiet lt-i TELEPHONE(Day time) 9Z5 TELEPHONE: 470 5098. *X Comprehensive Plan Amendment Temporary Sales Permit 3-00 Conditional Use Permit Vacation of ROW/Easements Interim Use Permit _ Variance Non-conforming Use Permit . Wetland Alteration Perm 75 es Planned Unit DevelopmenrdLdi ‘Lt Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review /1 Notification Sign Sal.— "r‘ic (at).— dG etS/f— Site Plan Review* X Escrow for Filing Fees/Attorney Cost" ($50 CUP/SPRNACNARANAP/Metes 7•'S? n f-+86.0 12: and Bounds, $400 Minor SUB) X Subdivision* I `v 7� �• TOTAL FEE$ 3/ LI 5—• ei A list of all property owners within 500 feet of the boundaries of the property must be Included with the application. Building material samples must be submitted with site plan reviews. "Twenty-six full size folded copies of the plans must be submitted, including an 81/2"X 11"reduced copy of transparency for each plan sheet. " Escrow will be required for other applications through the development contract NOTE-When multiple applications are processed, the appropriate fee shall be charged for each application. FROM :SCHOELL & MRDSON 612 546 9065 1996,05-01 12:33 #694 P.03/05 PROJECT NAME Town & Country Homes First Addition LOCATION N.W. Corner of Galpin and Lymar LEGAL DESCRIPTION See attached legal description TOTAL ACREAGE 45.2 WETLANDS PRESENT X YES NO PRESENT ZONING A-2 REQUESTED ZONING Planned Unit Development PRESENT LAND USE DESIGNATION Office/Industrial REQUESTED LAND USE DESIGNATION Mixed Use Office/Industrial and Mid—Density Residential REASON FOR THIS REQUEST To sub—divide the land to provide a townhome community and office/ industrial space for future development. This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Plannirg Department to determine the specific ordinance and procedural requirements applicable to your application A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that t am making application for the described action by the City and that I am responsible for complying with ail City requirements with regard to this request 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 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. 1 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. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review- Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Town & Countr HomAs, Inc./Industrial Equities Inc. and/or SA Land Partners -5 2 ' Signet i - oAp• i . / Date • :i nature of Fee•w John R. Fisher Dat- �C Application Received on - 1(( Fee Pald �S C*rt‘ Receipt No. &° The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted,a copy of the report will be mailed to the applicant's address. TOWN & COUNTRY HOMES FIRST ADDITION JOHN FISHER PROPERTY PLANNED UNIT DEVELOPMENT (PUD) CONCEPT PLAN AND PRELIMINARY PLAN PREPARED FOR THE PLANNING COMMISSION AND CITY COUNCIL OF CHANHASSEN, MINNESOTA May, 1996 Submitted by: Town & Country Homes, Inc. 6800 France Avenue South, Suite 170 Edina, Minnesota 55435 (612) 935-3899 TABLE OF CONTENTS I. DEVELOPMENT TEAM II. INTRODUCTION III. GENERAL STATEMENT OF CONCEPT A. Location B. Legal Description C. Zoning D. Project E. P.U.D. Criteria F. Comprehensive Plan Acceptability 1. Land Use Guide Plan/Density 2. Site Utility Availability and Service 3. Traffic Access and Circulation IV. TENTATIVE STAGING AND SEQUENCE SCHEDULING V. FINANCIAL CAPABILITY VI. NATURAL RESOURCE ANALYSIS VII. WETLAND MITIGATION AND ENHANCEMENT VIII. TREE PRESERVATION IX. COVENANTS X. CONCLUSION DEVELOPMENT TEAM The developer of the Fisher property is Town & Country Homes, Inc., a Minnesota Corporation located in Edina, Minnesota. The Town & Country tradition has been synonymous with quality neighborhoods throughout various Metropolitan Areas for 38 years. The Development Team is coordinated by Allan J. Block, President of the Minnesota Division and Project Manager of this development. Consultants Planner: The site plan design by Schoell & Madson, Inc., Minnetonka, MN Engineer: The plat and public facilities engineering by Schoell & Madson, Inc., Minnetonka, MN Surveyor: Site surveying by Schoell & Madson, Inc. Wetland Biological Regulated wetland permits, delineation and monitoring by Analysis: Svoboda Ecological Resources of Shorewood, MN Landscape Architecture: Landscape design by Dahlgren, Shardlow and Uban, Inc. II. INTRODUCTION Purpose of Presentation The purpose of this presentation is to provide the Chanhassen Planning Commission and City Council details of the proposed Planned Unit Development (P.U.D.) and to obtain the necessary concept plan, preliminary plan and preliminary plat approval with a wetland alteration permit. Planned Unit Development Concept & Preliminary Plan 2 III. GENERAL STATEMENT OF CONCEPT A. Location This proposed mixed use Planned Unit Development by Town & Country is located in Chanhassen in Section 16, Township 116, Range 23. The 45-acre site is served by County Road 19 (Galphin Boulevard) to the east and Country Road 18 (Lyman Boulevard) to the south. North of the Fisher property is Trotter's Ridge residential development. East of County Road 117 is Stone Creek residential development. The development plans have been carefully designed to provide adequate spacing and buffer areas adjoining these areas. The property is adjoined on the south and west by industrial/warehouse usage. Additionally, the south and west boundaries also represent the city limits adjoining the City of Chaska. B. Legal Description That part of the East Half (E 1/2) of the Southeast Quarter (SE 1/4), Section 16, Township 116 North, Range 23 West, which lies South of the North 1065.41 feet, westerly of the centerline of County State Aid Highway No. 19, and North of the South 100.00 feet; ALSO That part of the Southwest Quarter of the Southwest Quarter of Section 15, Township 116 North, Range 23 West, lying westerly of the centerline of County State Aid Highway No. 19 and northerly of the centerline of County State Aid Highway No. 18. Said property being subject to easement for roadway purposes for County State Aid Highway 19 and County State Aid Highway 18. C. Zoning The project consists of land owned by John Fisher. The property is currently zoned A-2, Agricultural Estate. The Developer proposes to rezone the property to a Mixed Use Planned Unit Development. D. The Project The project consists of 146 residential townhome units that will be developed on lots ranging from 125' to 146' in width with lot depths of 72'. Each lot will accommodate a 6- or 8-unit pre-designed townhome structure. Each home will have a one car garage with a driveway. A majority of the units will be slab-on- grade: however, the Developer will attempt to incorporate lookout or walkout basements where topography allows. This site plan was developed in an attempt to maximize the preservation of trees and natural terrain. In addition, two office/industrial lots will be platted for future development by others. Planned Unit Development Concept & Preliminary Plan 3 Proposed Building Setbacks: 25' Front Yard Setback Typical along Street "A" 20' Front yard Setback (minimum) along Streets "B" and "C" 50' Side and Rear Yard Setback (minimum) along Exterior Boundaries 25' Minimum Combined Between Buildings 40' Rear Yard Wetland Setback (minimum) Large wetlands and groups of mature existing trees create a variety of constraints to development, requiring unique approaches and mitigative efforts aimed at providing quality homesites while maintaining the integrity of the site topography. Measures such as reduced setbacks, road design, and restrictive covenants all contribute to this and will be discussed later. As previously noted, townhomes will be available in 6- and 8-unit buildings. The range of topography and building mixture provides an opportunity to accommodate different home styles. Besides offering the advantage of a quality streetscape, the mixture of home plans and lot sizes can help the City achieve affordable housing goals while maintaining density which is in conformance with R-8 requirements. With the difficult constraints on the site, the mitigative measures that we propose, such as preservation of wetlands and large trees with additional ponding, creates a development that is aesthetically pleasing and environmentally responsible. These mitigation measures speak to the purpose of the P.U.D. and successfully create the ultimate condition that the P.U.D. was designed to affect. Development Summary Total Acreage R.O.W. Dedication (CSAH 19) 45.21 ac. R.O.W. Dedication (CSAH 18) 4.27 ac. R.O.W. Dedication (Interior Streets) 3.90 ac. Lot 1, Block 2 (Industrial Lot) 6.29 ac. Lot 1, Block 3 (Industrial Lot) 9.40 ac. Net Developable - Residential 20.56 ac. Number of Units 146 Net Density - Residential Area 7.10 units/acre (146 _ 20.56) Planned Unit Development Concept & Preliminary Plan 4 E_ P.U.D. Criteria The Chanhassen Zoning Ordinance (May, 1992) outlines four expected attributes of Planned Unit Developments. Those expected attributes and the Developer's findings are outlined below: 1. Attribute: The City should be offered enhanced environmental sensitivity beyond normal ordinance requirements. Finding: The overall concept is oriented around the development of an individual neighborhood defined by the road system and the integrated open space system as well as preservation of existing site topography. This community was designed to accommodate moderately-priced townhomes while providing generous amounts of open space. The plentiful open space shown affords the visual amenity provided by ponds, wetlands, berms and depressions and combines them with the landscape elements such as grass, flowers, shrubbery and trees. Over and above this, open space provides the means to preserve and enhance existing natural amenities, thus preserving wildlife habitat and groups of existing mature trees. Open space can beneficially influence the micro climate by improving heat radiation and by providing channels for air drainage and favorable air flows. The system operates as more than just open space; it provides a readily accessible place for informal recreation. The Developer has used this process that embraces the delicate balancing act of locating roads and home sites where it has the least effect on the wetland and trees to create a development that is innovative and harmoniously sensitive to the environment. 2. Attribute: The City should be offered sensitive development in transitional areas between different land uses. Lot sizes should be mixed to reflect the sites' environmental limitations and opportunities and to offer a range of housing pricing options. Finding: The proposed plan offers a development which provides sensible transition between land uses. Properties to the north and east contain R-1 single family residential developments, while the properties to the south and west contain industrial/warehouse use facilities. This project, utilizing medium density residential concepts, provides transitional land usage between these uniquely different parcels. Planned Unit Development Concept & Preliminary Plan 5 3. Attribute: The City should be offered the provision of housing affordable to all income groups. Finding: The proposed plan provides for 146 units, ranging in estimated price from $85,000 to $115,000. These units will fall into the City's defined affordable housing guidelines. 4. Attribute: Quality of development in: landscaping, construction quality, provision of public/private open and recreational space. a. Landscaping - By design, the road system locates entrances which identify points of arrival to individual neighborhoods. The entrance features will include extensive landscaping. The cul-de- sacs, while allowing development of rolling hills and creating niches for smaller more private neighborhoods, also affords the opportunity for landscaped islands, another feature of this development. These areas will be maintained by a homeowner's association as well as covenants on the land that must be adhered to by owners. b. Construction Quality - Town & Country invests a great deal of time and money periodically upgrading its entire home product line keeping current with design trends that are the most in demand and efficient. The latest innovative construction techniques are implemented upon their introduction to the building industry. Town & Country has been developing residential developments and building quality homes for 38 years. c. Public and Private Open Space - The amount of open space together with the neighborhood trails and the numerous ponds created within the development are a direct result of the flexibility allowed under a P.U.D. Additionally, because of reduced setback requirements, the Developer is able to provide reduced natural topographical disturbance. d. Through the departure from the strict application of required setbacks, yard ares, lot sizes and other minimum requirements and performance standards associated with traditional zoning, Planned Unit Developments can maximize the development potential of the developable land while remaining sensitive to its unique and valuable natural characteristics. Planned Unit Development Concept & Preliminary Plan 6 F. Comprehensive Plan Acceptability 1. Land Use Guide Plan/Density The property is currently guided for Industrial Office Park Development by the City's Land Use Guide Plan. The Fisher property development plan proposes 146 residential townhome units and two industrial/office sites for future development in accordance with the Guide Plan. 2. Site Utility Availability and Service The site is within the MUSA. Sanitary sewer and watermain were stubbed into the property during utility extension to serve Trotter's Ridge. 12" PVC sanitary runs south on CSAH 19 and east through Stone Creek. Sanitary and water laterals would be extended off of these stubs. The storm drainage system on the site consists of storm sewers in streets which will discharge into storm water treatment ponds. These ponds will outlet into existing wetlands. Storm sewer outlets are also provided from all of the existing wetlands to allow controlling the water levels. In general, the site drainage pattern is from the north portion of the site to the large wetland in the southwest portion. The drainage facilities will be constructed in connection with the other site improvements. 3. Traffic and Access Circulation The road system, open space system and trails have been developed to best facilitate the movement of traffic safely and conveniently in accordance with the City's designated road system, while at the same time providing a unique neighborhood community consistent with Chanhassen's high standards. Primary access to the development will be off of an east-west collector connecting CSAH 19 and CSAH 18. The road system is designed to identify a hierarchy of traffic with cul-de-sacs running into this collector. IV. TENTATIVE STAGING AND SEQUENCE SCHEDULE The Developer intends to develop the project in one phase and will build as the market demands dictate. Obviously, economic conditions may affect the actual time frame and special areas of development. The industrial lots will be graded in conjunction with this project and will be provided utility service stubs. They will be sold for future development by others. Planned Unit Development Concept & Preliminary Plan 7 V. FINANCIAL CAPABILITY As the optionee, Town & Country intends to develop the Fisher property once they receive every governmental approval necessary for development to occur. Town & Country is a principal developer in many cities and has never failed to meet is obligations throughout its history. VI. NATURAL RESOURCE ANALYSIS The topography is generally rolling terrain with the highest elevation being 982 feet and the lowest elevation being 940 feet. There exists four acres of five separate protected wetlands on the site with both the Army Corps of Engineers and the City of Chanhassen having jurisdiction. The 45-acre site is a mix of open space, wetlands, areas with miscellaneous vegetation and some significant wooded areas. The Developer has taken these features into consideration in the planning of this neighborhood community. In addition to these natural features, the development will include significant ponding and enhancement of existing wetlands, and along with additional landscape elements proposed by the Developer, we believe the result will be an overall development that is attractive and enduring. VII. WETLAND MITIGATION AND ENHANCEMENT The project contains a total of 4 acres of wetlands of various types. Generally, the wetland basins on the project area have been heavily affected by past drainage activities. Virtually all of the wetlands on site have been subjected either to ditching or subsurface tile line installation. In some cases, this drainage activity has been effective enough to eliminate wetland hydrology, and in others it has rendered historic wetlands so marginal that they serve few, if any, functional wetland values. After extensive analysis and a conscious effort to minimize the development impact on the site, approximately 0.12 acres of wetland were found unavoidable and are proposed to be filled. In general, the impacts would be incurred by the smallest and most degraded wetlands on the site. All of the impacts associated with the project will affect wetlands classified by the City as Ag Urban. Because of the extensive distribution of wetlands present, it is clear that some wetland impacts cannot be avoided. Sedimentation ponds will intercept and collect storm water runoff prior to discharging it into the wetlands. The Developer's intent is that upon its completion the site should have equal or greater wetland acreage with overall higher quality than existed prior to development. This should provide an improved variety of plant types and a better Planned Unit Development Concept & Preliminary Plan 8 habitat for more species of wildlife. Compensatory mitigation for unavoidable wetland losses shall occur in the form of wetland creation projects adjacent to the easterly wetland. We have tentatively identified 0.14 acres of potential wetland creation. This site would provide 1:1 acre for acre replacement of wetlands to be affected by the project. The acreage encompassed by this site is exclusive of storm water storage/treatment ponds to be constructed for the project which are utilized to compensate for the other half of a 2.1 total mitigation package. The wetland would be contiguous to and become part of the existing east basin. This basin would be excavated to a depth sufficient to create wet meadow or shallow marsh conditions. In general, the wetland type to be created will provide substantially higher wetland functional value than the degraded wetlands affected by the project. Bottom substrates for the created wetland will consist of organic material excavated from existing wetlands to be affected by the project. A conservation easement will be established around each wetland. The design of this easement shall show a natural perimeter that meanders around the edge of the wetland. The depth of the easement shall vary. This easement, combined with a usable backyard of 40', should provide setbacks to the wetland of 40' minimum. The primary purpose of the conservation easement is to provide nesting habitat and wildlife cover peripheral to the wetland. In addition, the easement, combined with the proposed sedimentation ponds, will work together to improve and maintain the character of the wetlands. Many species of wildlife reside in wetlands and depend, in part, on the presence of a fringe of upland habitat. The design of this easement shall depict a natural perimeter that meanders around the edge of the wetland. The depth of the conservation easement shall vary depending on the classification of the wetland. In addition to the aforementioned wetland alteration the Developer anticipates some alteration of the utilized wetland located in the southwest corner of the parcel. Because of the classification and condition of this wetland, it is anticipated that no mitigation will be required beyond normal NURP basin construction. VIII. TREE PRESERVATION The vast majority of the existing trees along the east and north boundaries will be subject to minimal impact by any home or road construction. In addition, a large grove of trees will be preserved as a buffer between Lot 1, Block 2 and the residential areas. The design attempted to locate other large stands of vegetation in rear yards to preserve them and also provide a screen to adjacent lots. Planned Unit Development Concept & Preliminary Plan 9 There will be tree loss occasioned by this development, but it is the expressed intention of the Developer to keep tree loss to a minimum. IX. COVENANTS Protective covenants shall be established and recorded to protect the investment of each homeowner and the wetland conservation easements. In addition, maintenance and protective measures will be addressed by the homeowner's association. X. CONCLUSION Town & Country feels that the proposed preliminary plan for development of the John Fisher property enhances the quality goals and objectives of the City of Chanhassen. It is our pleasure to respectfully submit to you our proposal and request your acceptance. • . - . 4.4 • ,•,. . ',. ' IV 4 A- -7 4 •. C .• .A ; ".1 I ' -y•..ft-.....:.„. _ • - • ''?.4."';------ " '...-- ' - ',‘ - z- - - • ' ':i.... .t...- •„A , 1 * -....,' . ' - 13. fi.• -.. .F.1- 1,-i.t. .1.1; .,.. F:-. -. .e?-,_-.4. •...;,:kt,.._-:---%'.-•_ .,1 i• - . `ss .. 414-4. -7.' -.. ..1"4k•Q-*tu, tt.7.... i .... ,-n.n.- ...- .,,, kr• -. t• - -....,74. ...;"-•:, ., - - 1 --- • • - " - - 4. -ell- c_.; \ ,. [ . _,..,s• --,4,.......,....:... --'--;ik ''';''-. "- '. 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I II')1•I`ft \--- \ ', . ‘ 111 TOWN & COUNTRY HOMES 1ST ADDITION CHANHASSEN EXTERIOR COLOR PACKAGES PKG BRICK ROOF, SIDING SOFFIT, ACCENT (Wunder Klein) (Owens Corning (Rolex Vinyl) FACIA, TRIM COLOR * Supreme) & GARAGE DOOR A Spaulding Tudor Driftwood Clay Cottage White Burgundy B Winyah Bay Estate Gray Sandcastle Shell Forest Green C Briar Cliff Barnwood Mist Heather Federal Brown D Valleywood Weathered Wood Shell Sandcastle Wedgewood Blue E Wellington Chapel Gray Cobblestone Frost Tuxedo Grey * Accent color is for entry door and shutters May 29, 1996 Schoell �. Madson , Inc. _a_ Engineers • Surveyors • Planner's Soil Testing • Environmental Ser vices 10580 Wayzata Boulevard, Suite 1 Minnetonka, MN 55305-1525 Office 612-548-7601 Fax 812-54Wi5 (� May 29, 1996 MAY 3 0 RECD CITY OF CHANHASSEN City of Chanhassen c/o Mr. Bob Generous, Sr. Planner P.O. Box 147 Chanhassen, MN 55317-0147 Subject: Town & Country Homes First Addition Ladies and Gentlemen: This letter is intended to clarify that the site plan and related information for the two industrial lots shown on the preliminary plans is intended to be conceptual only as noted on the plan. The owner wishes to retain the full flexibility offered by City codes for the future site planning and development of these lots. Detailed site plans will be submitted for City review in the future. The grading plan shows a significant earth berm on the industrial lot south of A Street. However, the berm includes a note that the height of the berm may be adjusted based on availability of soils. We have since prepared an earthwork analysis and found that there is a shortage of soil to grade the site as shown. It will be necessary to reduce the berm height to four to six feet above the street elevation. The storm water basins shown on the industrial lots are also conceptual. If possible, the owner intends to eliminate the pond on lot 1 block 3 and to convey the storm runoff to the pond on lot 1 block 2. The site plan and related information for the townhouse portion of the project illustrates the actual project proposed to be developed by Town & Country Homes after all approvals are obtained. The intent of the preliminary plan submittal for Town & Country Homes First Addition is to obtain these approvals. Please contact us if you have any questions or require additional information. Very truly yours, SCHOELL & MADSON, INC. Kenneth Adolf KEA/cj cc: Al Block, Town & Country Homes John Allen, Industrial Equities LLP Ron Bastyr 1956 'ede4ratC12. • , 40 awo O/ 1e lice > 996 Affirmative Action Equal Opportunity Employer TOWN & CSRY HOMES Minnesota Division May 24, 1996 City of Chanhassen C\O Bob Generous- Senior Planner 690 Coulter Dr Chanhassen, MN 55317 Re: Neighborhood Information Meeting Dear Mr. Generous, Town& Country Homes cordially invites you to attend an informal neighborhood meeting for our proposed townhome development at the northwest corner of Lyman Blvd and Galpin Blvd. The meeting will be held at Bluff Creek Elementary School in the Recreation Center meeting room, located at the rear of the school. The day and time of the meeting will be Thursday, May 30, 1996 at 7:00 p.m. We wish to present our proposal to you as a neighborhood, in an informal question and answer format. At this meeting we can also hear your concerns and comments and respond to them. This meeting is scheduled for approximately one week before the city planning commission hearing. The site is a 45-acre parcel and presently has a comprehensive guide plan designation of industrial. We are proposing 142 owner-occupied townhomes on 20.5 acres. The remaining land will have 2 industrial lots, with approximately 9 acres of wetland and many exisiting trees being retained. We look forward to talking with you Thursday. If you have any questions concerning this project, please contact Mr. Bob Smith or myself at 925-3899. Cordially, Al Block President/Minnesota Division RECEIVED MAY 2 8 1996 CITY OF CHAIVHASSEN 6800 France Avenue South • Suite 170 • Edina,MN 55435 (612)925-3899 MN Builder License#9137 Schoell & Madson, Inc. Engineers • Surveyors • Planners Soil Testing • Environmental Services 10580 Wayzata Boulevard, Suite 1 Minnetonka, MN 55305-1525 Office 612-546-7601 Fax 612-546-9065 May 16, 1996 Mr. Bob Generous City of Chanhassen 690 Coulter Drive, Box 147 Chanhassen, MN 55317 Dear Bob, As you requested, I am herein providing calculations for tree canopy loss on Town & Country Homes First Addition. These calculations are based upon existing site topography as located by Loucks & Associates and provided by Ron Bastyr. Residential Area Industrial Area Total Area Total Tree Canopy 377,928 S.F./8.68 AC. 115,760 S.F./2.66 AC. 493,688 S.F./11.34 AC. Total Canopy Loss 245,379 S.F./5.63 AC. 83,206 S.F./1.91 AC. 328,585 S.F./7.54 AC. Percent Loss 65% 72% 67% If you have any questions regarding this information or need further assistance, please do not hesitate to call. Sincerely, im Hirz Senior Engineering Technician RECEIVED CC: Al Block, Town& Country Homes MAY 17 1996 Ron Bastyr CITY OF CHANHASSEN 956 'e/� yin, 40 L`(AaxJ o C._ im ce 1996 Affirmative Action Equal Opportunity Employer f, , 1 C I TY 0 F P pgr i i., 4,A . 4. t _0,,,,,4CHANHASSEN G 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 4 (612) 937-1900 • FAX (612) 937-5739 May 15, 1996 Bill Weckman Carver County 600 East Fourth Street Chaska, MN 55318 Re: Galpin Boulevard Reconstruction Project from Lyman Boulevard to Timberwood Drive SAP No. 10-619-04, City File No. PW026E Dear Bill: There were a couple of items which were brought up and discussed at a recent department head staff meeting regarding the Galpin Boulevard Reconstruction Project from Lyman Boulevard south to Timberwood Drive. The first item involves the elimination of the north access to the proposed Southern Oaks development(Fisher property) located at Station 61+34. Thus, this curbcut and the associated southbound right turnlane can be eliminated. This development is proposed to be served via one access off of Galpin Boulevard which is to be located immediately across from Stone Creek Drive at approximately Station 10+00. Item No. 2 involves confirming the City's desire to see a trail also extended along the west side of Galpin Boulevard from Timberwood Drive south to Lyman Boulevard (this is shown on the plan). This trail is in addition to the trail to be constructed along the east side of Galpin Boulevard to the Stone Creek Development as shown on the plans. Again, this point is merely made to confirm the City's intent to have complete trails constructed on both sides of Galpin Boulevard from Timberwood Drive south to Lyman Boulevard. The final item involves the issue of the Pioneer Cemetery. As we have discussed, it is the City's intent to have the driveway entrance and main drive aisle into the Pioneer Cemetery paved with a bituminous surface. City Maintenance staff will conduct the grading and rock base placement activities prior to the placement of bituminous by the road paving contractor. The Maintenance staff have asked for approximately a two-week advance notice of when the paving might occur so that they would have ample time to conduct the necessary preparatory work. As we get closer to the paving operations, please let me know of the schedule so I may forward this information on. Mr. Bill Weckman May 15, 1996 Page 2 If you have any questions or further comments on any of these of any other issues related to the project, please feel free to contact me. Sincerely, CITY OF CHANHASSEN CJALL:Ltz,d D. 3 "4,C)4" D. Folch, P.E. Director of Public Works CDF:jms c: Dave Hempel, Assistant City Engineer Kate Aanenson, Planning Director Todd Hoffman, Park & Recreation Director Karen Engelhardt,Office Manager g:'enecbarksVeners\galpm.ltr CITY OF •. I! . . ,, a ts CHANHASSEN ._ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Bob Generous,Planner II FROM: Steve A.Kirchman, Building Official t Ck F, DATE: May 24, 1996 SUBJECT: 96-2 PUD,96-5 SPR, 95-lb LUP and 95-2b WAP (Town& Country Homes, First Addition; Town and Country Homes) I was asked to review the proposal stamped "CITY OF CHANHASSEN, RECEIVED, MAY 0 6, 19 9 6, CHANHASSEN PLANNING DEPT. " for the above referenced project. Analysis: Street names. In order to avoid conflicts and confusion, street names, public and private, must be reviewed by the Public Safety Department. Proposed street names are not included with the submitted documents. Structure information. Locations of proposed dwelling pads and the type of dwelling is necessary to enable the Inspections Division and Engineering Department to perform a satisfactory plan review of the structure at the time of building permit issuance. For the same reason, proposed lowest level floor elevations as well as garage floor elevations are required to be indicated on the proposed pad location. Standard designations (FLO or RLO, R, SE, SEWO, TU, WO) must be shown for proposed dwelling types. These standard designations lessen the chance for errors during the plan review process. The memo explaining these designations is enclosed. Demolition. Existing structures on the property which will be demolished will require demolition permits. Proof of well abandonment must be furnished to the City and a permit for septic system abandonment must be obtained and the septic system abandoned prior to issuance of a demolition permit. Setbacks. Exterior walls(at bays and optional bays)and projections(at overhangs and decks)are regulated by the Uniform Building Code (UBC) With building sizes and property lines as shown, decks will not be permitted as shown,overhangs will not be permitted in some cases and exterior walls must be of one-hour Bob Generous May 24, 1996 Page 2 fire-resistive construction in some cases. Openings shown in some walls will not be permitted with the building and property lines as shown. To avoid opening protection and one-hour fire-resistive wall construction, the property lines should be at least four feet from any wall of the building where a twelve inch overhang is planned. Decks may not be built within three feet of the property line. These requirements are found in UBC Table 5-A, 503.2.1 and 705. Since these issues involve property lines, they need to be resolved before preliminary plat approval. Soils. The Carver County Soil Survey indicates the site may contain some glencoe soils. Glencoe soils are given a building site group 10 rating, which indicates they are unsuitable for building. A geotechnical evaluation, which includes an FFIA/VA lot by lot tabulation for land development with controlled earthwork, should be submitted to the Inspections Division for review. The report should also include a copy of the grading and drainage plan. I would like to request that you relay to the developers and designers my desire to meet with them as early as possible to discuss commercial building permit requirements Recommendations: The following conditions should be added to the conditions of approval. 1. Submit street names to the Public Safety Department, Inspections Division, for review prior to final plat approval. 2. Revise the preliminary grading plan to show the location of proposed dwelling pads, using standard designations and the lowest level floor and garage floor elevations. This should be done prior to final plat approval. 3. Obtain demolition permits. This should be done prior to any grading on the property. 4. Adjust property lines to permit openings in exterior walls or revise plans to remove openings. Adjust property lines to permit code complying projections or revise plans to remove projections. Adjust property lines to permit decks or revise plans to remove decks. This should be done before preliminary plat approval. 5. Provide a geotechnical evaluation report to the Inspections Division. This should be done before any permits are issued. enclosure: January 29, 1993 memorandum g:\safelyAsakHnemos\plan W&aty1 CITY of „. CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORAN D UM TO: Inspections, Planning, & Engineering Staff FROM: Steve A. Kirchman, Building Official • t DATE: January 29, 1993 SUBJ: Dwelling Type Designation We have been requesting on site plan reviews that the developer designate the type of dwelling that is acceptable on each proposed lot in a new development. I thought perhaps it might be helpful to staff to explain and diagram these designations and the reasoning behind the requirements. FIA or RLO Designates Front Lookout or Rear Lookout This includes dwellings with tie basement floor level approximately 8'below grade at its deepest with the surrounding grade sloping down to approximately 4' above the basement floor level. R Designates Rambler. This includes dwellings with the basement floor level approximately 8'below grade with the surrounding grade approximately level. This would include two story's and many 4 level dwellings. SE Designates Split Entry. This includes dwellings with the basement floor level approximately 4'below grade with the surrounding grade approximately level. SEWO Designates Split Entry Walk Out. This includes dwellings with the basement floor level approximately 4' below grade at its deepest with the surrounding grade sloping down to lowest floor level. TU Designates Tuck Under. This includes dwellings with the basement floor level approximately 8' below grade at its deepest with the surrounding grade sloping down to the lowest floor level in the front of the dwelling. WO Designates Walk Out This includes dwellings with the basement floor level approximately 8'below grade at its deepest with the surrounding grade sloping down to the lowest floor level in the rear of the dwelling. gE R SEWO WO FFLO � , -- - — - - — -- orR 11_17.01.,) 1111111111Inspections staff uses these designations when reviewing plans which are then passed to the engineering staff for further review. Approved grading plans are compared to proposed building plans to insure compliance to approved conditions. The same designation must be used on all documents in order to avoid confusion and incorrect plan reviews. Ars Pi4u PRINTED ON RECYCLED PAPER L J ? kr�5 Residential Taxes aren't Farmland's ,r� g41 Most Valuable Harvest BY LEE RONNING Vo ) Argumenrsurban for savingl fertile farmland frobeing destroyed Perhaps the most ironic finding of this study is the fact that by sprawoften center on the envmironmental and sprawling residential developments can result in Less funding for social impacts of rampant development patterns.But for better schools.In Minnesota,state aid is used to hold down property' or worse,it's the financial bottom-line that carries real weight taxes.Because this aid is usually distributed based on population with decision-makers.As a result,the environmental and social or school enrollment,it increases the share of education havoc wreaked by urban sprawl is often justified on grounds that funding attributable to the residential sector.Minnesota's new development increases the tax base,thus improving schools school aid is dependent on the total property valuation of a and other community services. school district,as well as being a function of enrollment,thus school districts receive less state aid per student as growth occurs and property tax bases expand. Normally,the expanded tax base would offset any loss of state aid.But if residential development is the source of the expanded REVENUES AND EXPENDITURES BY LAND USE CATEGORY IN THE development,then the increased cost of servicing that develop. CITIES OF FARMINGTON,LAKE ELMO AND INDEPENDENCE ment could actually lead to the need for higher property taxes to fund schools,the study found.It's clear Minnesota's tax Revenues Expenditures Balance Ratio structure makes it very difficult to determine who is paying the FARMINGTON true costs of sprawling residential development. Residential 11,641,596 11,860,275 (218,679) 1:1.02 Commercial&Industrial 1,227,644 966,588 261,056 1:0.79 And our research finds that farmland prosection may be Farmland 80,940 62.008 18,932 1:0.77 financially beneficial not only because of its contribution to the Grand Total 12.950,180 12,888,871 61,309 tax base,but also because it holds down property tax valuation. Lower property tax valuation leads to more state aid,which reduces the share of local government costs paid for by local LAKE ELMO residents and property owners. Residential 7,492,273 7,996.164 (503,891) 1:1.07 Commercial&Industrial 717,942 143,861 574,081 1:0.20 he tax revenue-to cost of services ratios this analysis Farmland 95,240 26,025 69,215 1:0.27 reported are similar to those found in eight studies of Grand Total 8,305,455 8,166.050 139,405 farmland development in Connecticut,Massachusetts,New York and Ohio.Those studies found that any apparent gain in tax revenue from residential development was lost when the INDEPENDENCE cost of delivering necessary public services—from roads,sewers Residential 4,656,443 4,817.233 (160,790) 1:1.03 and parking lots to education and public safety—was consid- Commercial&Industrial 218,266 41.304 176,962 1:0.19 Bred.A study released last year by Utah State University's Farmland 197.913 93,513 104,400 1:0.47 economics department found that for every 31 in revenue Grand Total - 5,072.622 4,952,050 120,572 collected by residential property taxes in one of that states counties.31.27 in services was being provided. These studies come at a time when sprawling growth is destroy- ing the state's farmland at an alarming rate.The 20-county However,recent financial analyses of the costs of urban sprawl growth corridor from St.Cloud to the Twin Cities to Rochester are knocking the legs out from under the economic lustifica- is the fastest growing metropolitan area from the northern tions for uncontrolled urban sprawl.Simply put,sprawling plains to the eastern seaboard.The seven-count Twin Cities residential developments oaten cost communities more than metropolitan area has lost 235 square miles of agricultural land Perhaps the most they contribute to tax coffers. to urbanization since 1970.Since 1980,most of that growth has occurred in second-ring suburbs.The Twin Cities area is the That was the conclusion of a study recently conducted by the third least densely populated metropolitan region in the ironic finding of this Land Stewardship Project and the American Farmland Trust in country,but one of the fastest growing geographically.The three metro-area communities:Farmington,Lake Elmo and amount of metro-area land devoted to urban land uses has study is the fact that Independence.Farmland and the Tax Bill:The Cost of Comma- increased by 42 percent since 1970,almost double the 72 nity Services in Three Minnesota Comes,traces the flow of rev- percent population growth rate during this same period. sprawling residential enues and expenditures generated by specific land uses in the three towns.On average,farmland adds twice as much to local These trends are accelerated by an all too common attitude developments can tax bases as it demands back in services,according to the study. that farmland is property that is"vacant"or"wasted."until Using data gathered from the Minnesota Department of it sprouts subdivisions.But ag acres fuel a powerful economic result in less Revenue.Office of State Auditor and the Minnesota Depart- engine in the region.Despite the rapid urbanisation of the merit of Education,the analysis found that in those three region.metro-area agricultural activity produced more than funding for schools. communities,for every 51 in tax revenue generated by residen- $500 million worth of farm output and generated 7.000 jobs tial development,on average$1.04 was spent to provide in 1990.Nationally,56 percent of agricultural production services.According to a study conducted in Wright County by comes from counties on the edge at cities. the Minnesota Department of Agriculture,the further away from existing infrastructure development is located,the more Farmland and the Tax Bill concludes that Minnesota and metro- costly it Is to provide services. area communities should continue to support existing farmland protection activities,such as the Metro Ag Preserves and the We conducted the three-community study in hopes of state's Green Acres programs.For economic and environmental providing localized.bottom-line information that has reasons.the study recommends exploring other techniques to already been well-documented in other states.We hope this retain this valuable resource base,such as purchase of conserva- data will help city officials better evaluate the impact of land non easements. use decisions on municipal and school district finances. The statistics reported in this studs-will fustify such measures. The three communities studied were chosen because they Perhaps even more importantly,they will help put to rest the represent cities undergoing various stages of development fallacy that the most valuable crop farmland can produce is within 25 miles of the Minneapolis-St.Paul downtown area. residential taxes-.r Independence is Just heeinning to grow slowly,while Lake Elmo is experiencing moderate growth and Farmington is being developed rapidly. b '.1:7ocr l Qom .1--3-1-----2"- - i il_zwolloafi41.. v1R , farilk ow NOTICE OF PUBLIC -•�---'--A _ MI HEARINGOft PLANNING COMMISSION r°74‘4A,7'ir4�o NW— MEETING 1hru•,,�,ligZiri :f.z�I:'� $ All Wednesday, JUNE 5, 1996 ��� Rte'?.. 7, fo at 7:00 p.m. pgr,JArk, toIIIIII"Iar City Hall Council Chambers : �c�. �` .•. 41 ;•. 690 Coulter Drive xterketu .w • Project: Town and Country Homes , ; 7�' First Addition , 4- ;- % L� 1 . or Developer: Town and Country Homes ,�e„,iiiAI / I— N wr Location: NW corner of Lyman and ° 90.n- `��'0 OM Galpin Blvd. )0 Notice: You are invited to attend a public hearing about a development proposed in your area. The applicant, Town and Country Homes, is proposing a mixed medium density residential and industrial office development on 45.21 acres located at the northwest corner of Lyman and Galpin Blvd. The applicant is requesting a land use plan amendment for the northerly 22.6+ acres from office/industrial to residential medium density, conceptual and preliminary PUD approval for a mixed townhome and office-industrial development, rezoning from A2, Agricultural Estate to PUD, Planned Unit Development, site plan approval for 146 townhome units, a wetland alteration permit to fill and excavate wetlands on site, and preliminary plat approval creating 24 lots and associated right-of-way, Town& Country Homes First Addition. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. Questions or Comments:If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Bob at 937-1900, ext. 141. If 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. Notice of this public hearing has been published in the Chanhassen Villager on May 23, 1996. Gerald& Lois Gustafson Roger& Gayleen Schmidt Earl Holasek 8341 Galpin Blvd. 8301 Galpin Blvd. 8610 Galpin Blvd. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Rene&Lisa Schroeder John& K. Sumners Joel H. Lehrke 2337 Boulder Road 2333 Boulder Road 2329 Boulder Road Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Kelly Morlock Chad J. Gniffke Douglas& S. Hipskind 2325 Boulder Road 2321 Boulder Road 2317 Boulder Road Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Hans Hagen Homes& Merle&Jane Volk Gregory K. Ziton Don& Ann Esping Suite 300 2334 Boulder Road 2330 Boulder Road 941 Hillwind Rd. NE Chanhassen, MN 55317 Chanhassen, MN 55317 Fridley, MN 55432 Douglas& Christine Johnson Jeffrey& Karla Althoff James&J. Larranaga 2322 Boulder Road 2326 Boulder Road 2318 Boulder Road Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Donald& Cathy Borgman Scott& A. Weldon Lisa Kilpatrick 2308 Boulder Road 2292 Boulder Road 2360 Stone Creek Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Timothy&Vicki Dempsey Lewis Engineering Co. Rory& Amy Lea 2301 Lukewood Dr. 4201 Norex Drive 2313 Boulder Road Chanhassen, MN 55317-9414 Chaska, MN 55318-3046 Chanhassen, MN 55317 Gerhard&Helene Schock Stephen& Melinda Pittorf Jeffrey Palm& Cheri Swiertz 2309 Boulder Road 2305 Boulder Road 2301 Boulder Road Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Rudolph&Jean Larson John& Kym Staples Merle&Jane Volk 2291 Boulder Road 2374 Stone Creek Dr. 16925 Co. Rd. 40 Chanhassen,MN 55317 Chanhassen, MN 55317 Carver, MN 55315-9635 John& L. Sullivan Peter& M. Cunningham Stephen& N. Dragos 2346 Stone Creek Drive 2332 Stone Creek Drive 2318 Stone Creek Drive Chanhassen,MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 William& M.Nason John Moran Trotters Ridge of Chanhassen 2361 Stone Creek Drive 2150 Boulder Road 2765 Casco Point Road Chanhassen, MN 55317 Chanhassen, MN 55317 Wayzata, MN 55391 Jeffrey& Lindsey Finch Steven& Blanche Neuwoehner Brian& Sally Snabb 2304 Stone Creek Drive 2375 Stone Creek Drive 2333 Stone Creek Lane W. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 David& Yael Rubin William& Lorraine Rodriguez Kevin& Cathleen Dilorenzo 2345 Stone Creek Lane W. 2357 Stone Creek Lane W. 4013 Montery Ave. S. Chanhassen, MN 55317 Chanhassen, MN 55317 Edina, MN 55416 William Jr. & Pamela Franzen Kip & Diane Hanson Neil & Beverly Butchart 2370 Stone Creek Lane W. 2356 Stone Creek Lane W. 2342 Stone Creek Lane W. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Curt& Hope Enerson Mark& Christine Fischer Rodney & Janice Melton 2403 Bridle Creek Trail 2407 Bridle Creek Trail 2413 Bridle Creek Trail Chanhassen,MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Michael & Mary Minear Moberg Homes, Inc. Steven&Nancy Cavanaugh 2421 Bridle Creek Trail P.O. Box 57 2441 Bridle Creek Trail Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Daniel & Dona Lee James& Mary Stasson Craig & Nina Wallestad 2451 Bridle Creek Trail 2461 Bridle Creek Trail 6566 France Ave. S., #1001 Chanhassen, MN 55317 Chanhassen, MN 55317 Edina, MN 55435 Arvey & Marlene Eeg Michael Voigt& Deborah Skubai Thomas& Marcia Kiadek 2479 Bridle Creek Trail 2483 Bridle Creek Trail 2491 Bridle Creek Trail Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 New Creations industries, Inc. Steven& Deborah Watts Hearin Homes 708 Main Street 2563 Bridle Creek Trail 10025 James Road Elk River, MN 55330 Chanhassen, MN 55317 Bloomington, MN 55431 Dennis& Carol Medo Edwin Susi Ken & M. Hoiirah 2420 Bridle Creek Trail 2430 Bridle Creek Trail 2450 Bridle Creek Trail Chanhassen, MN Chanhassen, MN 55317 Chanhassen, MN 55317 Westenberg Homes, Inc. Willard& Rebecca Bury David& Monica Kilber 7150 Willow View Curve 2460 Bridle Creek Trail 2470 Bridle Creek Trail Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Ronald&Jeanne Lindberg Bruce&Julianne Diehl Boyd& Debra Aarestad 2480 Bridle Creek Trail 2490 Bridle Creek Trail 2510 Bridle Creek Trail Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Jeffrey & Cynthia Olson Dream Builders, Inc. William& Donna Hartwig 2520 Bridle Creek Trail 10420 49th Ave.N. 2536 Bridle Creek Trail Chanhassen, MN 55317 Plymouth, MN 55442 Chanhassen, MN 55317 Todd & Ann Mack James& Kathryn Liddell Conopco, Inc. 2542 Bridle Creek Trail 2550 Bridle Creek Trail c/o Van Den Bergh Foods Co. Chanhassen, MN 55317 Chanhassen, MN 55317 2200 Cabot Drive Lisle, IL 60532 The Nordick Group, Inc. Williad Morton Chaska Watertower Mini Storage 701 12th Ave.N. 4035 Norex Drive 149 Jonathan Blvd. N. West Fargo,ND 58078 Chaska, MN 55318-3043 Chaska, MN 55318-2342 Richard Riegert c/o Rieker Enterprises 27110 62nd St. W. Excelsior, MN 55331 I( -_1 z o .. f 1 O 11 Q G G - t< G I-1.. - wp .n �IA W S z A jW� e 1. 4 0 CU j O it_z Z J d z= U z I 1 • 2 Jl OOP°4 SVD': V W -- -- -- - — �l � j': -�� �i` `'. S LC } - �� t _ — i I I lnuulunnnlinulniuul� Z I j 1 FFHifFHH- HifFHiI HiI I V - I . goal.goal. 111 . 111111111lei 11.1111iii. I I ifit. _ 31 jJJThJiLaIJL1LUi1JJ * .LJ1 41/ I 1 ! 1 ( Z7 '; 0 I _ z _ a{ i i !if u / 1 I • l1 J• U 177, is �iiiiillears'1 _ .../1 MI l I j i Y J1-414111 ail Iriffil —a---"--\---'":-.: -1-\-\ !3 INV NW ,.., II tt 0 '. c; 1\ 1 . i -- ----,1,, 1-1 ut :,.. 1 , — ,:-,=-7=`-'7------:.--,-:;''''' , -‘,.,.. , ,,, ., . 7, •-"; 1. • f L' 1 l • '\ /�! rn�rmirmTrmlrmirrmrm�Tm / ....- - - ;el} \ `yj .. L \ 1 1 1 1 1 — 4 i�t5 v i / / I W 1LUJ1LLlJ1l UJ-LL1L 1LUJ l LUJ1L. f8. ihi I!i :til • s lei tpl l , � Cf `` It a U� I I . l �h � 1 S II , • ' ill �- • l NJ()11(1(I\- l IMI I I ::,1:•11;, I 1 :..I` \ .:\ .. ri lam/ 2431 Bridle Creek Trail Chanhassen, MN 55317 June 2, 1996 Mr. Bob Generous Planning Commission City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 Dear Mr. Generous: I am writing to express our vehement opposition to the proposed development of 142 townhouse units by Town & Country Homes, to be located off Galpin Road between Trotters Ridge and Lyman Boulevard. This development will have detrimental impacts on both the environmental quality and the quality of life of our neighborhood and the entire community. We believe it is an inappropriate use of the site. A large percentage of the mature trees on the site will be lost if the development is built as proposed. The plan that was presented on May 30 by Town & Country to the neighbors affected shows that the north-south road in the development, with townhouses lining both sides, will be routed directly through the heart of the trees. Beautiful, mature trees are part of what gives Chanhassen its special character and makes it a desirable place to live. Whatever use is made of that site should be planned to retain as many of the trees as possible. It is my understanding that the earlier proposal for single-family homes on that site planned to save 70% of the trees. One of the reasons given for rejecting it was that 70% was not enough. The Town & Country proposal appears to save fewer trees. The Town & Country proposal also includes alterations to the wetland on the site. These changes threaten to cause drainage problems for several neighbors bordering the site on the north. Construction of townhouses across drainage routes from their properties into the wetland area will inhibit natural drainage patterns. There have already been dramatic changes created in the wetlands bordering Trotters Ridge on the south which have been made by activities of the property owners to the south and west. We are also concerned about the added congestion, traffic and noise. Building 142 higher density units housing 300-350 people in a compact area can't help but mean higher traffic burdens for Galpin Road and Lyman Boulevard. JUN O 4 1996 CITY OF CHANHASSEN Since the closest units will be located only 50 feet from the lot lines on the southern edge of Trotters Ridge, our privacy will be adversely affected. Decks and back yards in the townhouse development will look down into our back yards and directly into our second story windows. Finally, a proposal for entry-level townhouses seems very much out of keeping with the character and price range of the surrounding areas of single-family homes in Timberwood Estates, The Oaks, Stone Creek and Trotters Ridge. It certainly cannot enhance the marketability and property values for homeowners in the immediate vicinity. A single family home development would better maintain the beauty and environmental quality of the site. Even industrial/office property, for which this site has been zoned, would be a better use and less objectionable. I urge you and the Planning Commission to reject the Town & Country proposal and maintain the industrial zoning designation for the entire site or rezone it for single-family homes that would fit the surrounding environment. Sincerely yours, Peter Sidney / L Lu Ann Sidney ��P,��OF MINNFSOT9 `�► Minnesota Department of Natural Resources w Metro Waters- 1200 Warner Road, St. Paul,MN 55106-6793 �� Telephone: (612) 772-7910 Fax: (612) 772-7977 1 1 �o OF NATOlt May 31, 1996 Mr. Robert Generous Planning Department City of Chanhassen 690 Coulter Drive,P.O. Box 147 Chanhassen,MN 55317 RE: TOWN&COUNTRY HOMES FIRST ADDITION,CITY OF CHANHASSEN,CARVER COUNTY (CITY#96-2 PUD, 96-05 SPR,95-lb LUP,&95-2b WAP) Dear Mr. Generous: We have reviewed the plans dated May 3, 1996 (received May 8, 1996) for Town& Country Homes,a project located in the northwest quadrant of the intersection of Lyman and Galpin Boulevards (E1/2 SE1/4, Section 16, and SW1/4 SW1/4 Section 16,T116N-R23W) and have the following comments to offer: 1. The Town & Country Homes site does not appear to contain any Public Waters or Public Waters Wetlands; therefore,no DNR Public Waters permit is required. 2. It appears that most of the stormwater is routed through settling basins,which is good. Settling basins remove pollutants and reduce peak discharges that would negatively impact the water quality, recreational values,wildlife values, and aesthetic values of properties downstream of Town& Country Homes. 3. There are wetlands on the site of Town&Country Homes that are not under DNR jurisdiction. The U.S. Army Corps of Engineers should be consulted regarding pertinent federal regulations for activities in wetlands. In addition,impacts to these wetlands should be evaluated by the city in accordance with the Minnesota Wetlands Conservation Act of 1991. 4. There should be some type of dedicated easement,covenant or deed restriction for the property adjacent to the wetland areas. This would help to ensure that the Town& Country Homeowners Association is aware that the U.S. Army Corps of Engineers,the City of Chanhassen, and the Riley-Purgatory-Bluff Creek Watershed District have jurisdiction over the areas and that the wetlands cannot be altered without appropriate permits. 5 The site of Town& Country Homes does not appear to be within a shoreland district. 6 There are no FEMA-designated floodplains on the Town&Country Homes site. However,the wetlands on the site will have 100-year flood elevations. The structures of Town & Country Homes must be constructed in compliance with applicable floodplain regulations of the Riley-Purgatory-Bluff Creek Watershed District. RE EIVFE) DNR Information:612-396-6157, 1-800-766-6000 • TTY:612-296-5484. 1-800-657-3929 An Equal Opportunitc Employer A Printed on Rec}cled Paper Containing a JUN 0 3 1995 Who Values Dners,tn Minimum of 10r4 Post-Consumer Waste / CITY OF CHANHASSEN Mr. Robert Generous May 31, 1996 Page 2 7. The following comments are general and apply to all proposed developments: a. Chanhassen should require strong erosion control measures to be used due to the existence of steep slopes on the Town&Country Homes site. The Minnesota Construction Site Erosion and Sediment Control Planning Handbook(Board of Water& Soil Resources and Association of Metropolitan and Soil and Water Conservation Districts)guidelines,or their equivalent,should be followed. Chanhassen should regularly inspect the erosion controls to be sure that they are being maintained. b. If construction involves dewatering in excess of 10,000 gallons per day or 1 million gallons per year, a DNR appropriations permit is needed. You are advised that it typically takes approximately 60 days to process the permit application. c. If construction activities disturb five acres of land, or more,the contractor must apply for a stormwater permit from the Minnesota Pollution Control Agency(Dan Sullivan @ 612/296- 7219). d. The comments in this letter address DNR - Division of Waters jurisdictional matters and concerns. These comments should not be construed as DNR support or lack thereof for a particular project. Please contact me at 772-7910 should you have questions. Sincerely, r= • Joe Richter Hydrologist c: Riley-Purgatory-Bluff Creek Watershed District,Bob Obermeyer U.S.Army Corps of Engineers,Gary Elftmann Carver Soil and Water Conservation District, Paul Neumann PUBLIC WORKS DEPARTMENT Carver County Government Center i Administration Building a,a ministration ks CARVER 600 East Fourth Street Engineering Highway Maintenance Chaska, Minnesota 55318-2192 COUNTY Surveying&Mapping Phone (612) 361-1010 Fax (612) 361-1025 RECEIVED June 5, 1996 JUN 0 6 RED CITY OF CHANhA 1\ TO: Robert Generous, Senior Planner FROM: Bill Weckman, Assistant County g En ineerf " ) SUBJ: Preliminary Plat Town and Country Homes First Addition (96-2 PUD) Previously Southern Oaks Following are comments regarding the preliminary plat for the Town and Country Homes First Addition subdivision transmitted to Carver County by your memorandum dated May 7, 1996. A memo was previously sent when this was proposed as Southern Oaks. A copy of that memo is attached. Most of those comments still apply to this proposal. Additional comments include: 1. The comments concerning the CSAH 19 road right of way including utility permits, access permits, and restoration would also apply to the proposed work along CSAH 18 (Lyman Blvd.) 2. There is a proposed reconstruction of CSAH 18 scheduled for 1997 or 1998. Agreements for this project are just beginning to advance. The proposed setbacks should provide adequate area for potential CSAH 18 or CSAH 18/CSAH 19 intersection changes. Thank you for the opportunity to comment on the subdivision and site plan for the proposed development. Attachment Affirmative Action/Equal Opportunity Employer Printed on 10%Post-Consumer Recycled Paper Y o n PUBLIC WORKS DEPARTMENT 600 East Fourth Street, Box 6 Administration vo'�' Chaska, Minnesota 55318 Parks ,ARVER Phone (612) 361-1010 Engineering Highway Maintenance 20UNTY Fax (612) 361-1025 Surveying&+Mapping April 11, 1995 TO: Sharmin Al-Jaff, Planner II FROM: Bill Weckman, Assistant County Engineer SUBJ: Preliminary Plat Southern Oaks, Scherber Partnership Properties Following are comments regarding the Southern Oaks Preliminary Plat transmitted to Carver County by your memorandum dated March 27, 1995: 1. Right-of-way widths listed in the Eastern Carver County Transportation Study for roadways functionally classified as Minor Arterial (Class II) are: Urban Undivided Rural Undivided 2-lane Roadway 2-lane Roadway Minimum Recommended Minimum Recommended 100' 110' 120' 150' Urban Undivided Rural Undivided 4-lane Roadway 4-lane Roadway Minimum Recommended Minimum Recommended 100' 120' 140' 170' County State Aid Highway (CSAH) 19 (Galpin Blvd.)is functionally classified as a Minor Arterial (Class II) roadway in the Eastern Carver County Transportation Study. The minimum right of way needs for this corridor include a 100 foot width. The corridor as shown would not meet the minimum recommended needs for an urban four lane undivided roadway. The other platted properties along this corridor have included a preserved right of way width of 50 feet from centerline or a total 100 foot wide corridor. It is expected by Carver County that this plat will not be approved until that dimension is reflected in the plat. The reconstruction of CSAH 19 is scheduled for 1995. We would ask that Carver County has an opportunity to review any proposed lot configurations on this property abutting CSAR 19 (Galpin Blvd) prior to approval of the plat. There may be a need to make minor roadway alignment changes at the intersection of Lyman Blvd. to facilitate the reconstructed intersection. The city may wish to consider an even wider highway corridor along the proposed subdivision if a separate trailway is to be constructed along the county highway. Additional width may also be needed to accommodate public utilities and landscaping. N Affirmative.4ction/Equal Opportunity Employer Printed on 10%Post-Consumer Recycled Paper • 2. The accesses being proposed to CSAH 19 from this subdivision will need review and a permit from Carver County. No direct non public road accesses to CSAH 19 will be approved by the County from this subdivision. 3. Any public utility lines that are to be installed within the CSAH 19 right-of-way are subject to the utility permit requirements of Carver County. 4. Any proposed grading and installation of drainage structures within the right-of-way of CSAH 19 is subject to review and approval of the county highway department. 5. Development activities (including the installation of both public and private utilities needed to serve the development site) that result in any disturbance of the county highway right-of- way (including turf removal, trench settlements, erosion, and sediment deposits) need to be completed in a manner that leaves the right-of-way in "as good or better condition" than what existed prior to construction. It is requested that the city include a provision in the developer's agreement that requires the developer to be ultimately responsible for the final condition of the county highway right-of-way. A clear understanding of this responsibility will result in fewer project oversight problems for both the county and the city. 6. Any trees or landscaping completed within the right-of-way must be approved by the County. When locating shrubs and trees, consideration should be given to maintaining an acceptable sight distance at the CSAH 19 intersection. Any trees or shrubs overhanging into the right- of-way could be subject to trimming for safety or overhead utility consideration. 7. As this area develops, the traffic on CSAH 19 will increase. The increased traffic will generate an increased noise level. The County would consider any type of noise abatement project, if necessary, to be the responsibility of the City or the developer. Thank you for the opportunity to comment on the preliminary plat for the proposed development. TOWN & AIRY HOMES Minnesota Division RECEIVED JUN 11 RECD June 10, 1996 CITY OF CHANHASSEr,, Mr. John Fisher 8470 Galpin Blvd Chanhassen,MN 55317 Dear Mr. Fisher, I am writing this letter concerning information I received Friday afternoon that you have drained the wetland in the northwest corner of the property,which we are proposing for our townhome development. I, and we, at Town & Country Homes are gravely concerned about your action. We do not condone your draining of this or any wetland. This blatant conduct may be in violation of Federal, State, City, and Watershed District laws,rules,and regulations. I strongly suggest and urge that you personally contact these agencies to report your actions. Additionally, I implore you to seek professional recommendations and to carry out mitigation and remediation of this action of drainage of the wetland. Sincerely, ert P. Smith ice President of Land Development cc: Robert Generous, Senior Planner City of Chanhassen 6800 France Avenue South • Suite 170 • Edina,MN 55435 (612)925-3899 MN Builder License#9137 I HIGHWAY II 1 & NOTICE OF PLANNING COMMISSION ' ,� MEETING -- 111, Wednesday, JUNE 19, 1996 � ■ �, at 7:00 p.m. 00 � '� City Hall Council Chambers --et---- i ' . 1 ' 1104#o 690 Coulter Drive tim,„, ih, - i� Gilll�' `11111101111:-��,.>r Project: Town and Country Homes '' .; ` am a LOCATION .7 4.,1 - . : .111 _First A ition Piti .-:-f . f:; _�-�: �u�, --„„ � '11 Alar•O / Developer: Town and Country Homes s i - V\ --�/ -_ 1 ” ” Location: NW corner of Lyman and . w ��%� Galpin Blvd. 8800-•-•• ,VA... ' • I Notice: You are invited to attend a Planning Commission meeting about a development proposed in your area. The applicant, Town and Country Homes, is proposing a mixed medium density residential and industrial office development on 45.21 acres located at the northwest corner of Lyman and Galpin Blvd. The applicant is requesting a land use plan amendment for the northerly 22.6+ acres from office/industrial to residential medium density, conceptual and preliminary PUD approval for a mixed townhome and office-industrial development,rezoning from A2, Agricultural Estate to PUD, Planned Unit Development, site plan approval for 140 townhome units, a wetland alteration permit to fill and excavate wetlands on site, and preliminary plat approval creating 24 lots and associated right-of-way,Town&Country Homes First Addition. Questions or Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Bob Generous at 937-1900, ext. 141. If 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. f . C 1 TY O F PC DATE: 6/19/96 flANH�SSEN \, CC DATE: 6/24/96 1 , . CASE #: 96-15 SUB By: Al-Jaff STAFF REPORT PROPOSAL: Preliminary and Final Plat to replat 3.277 acres into one single family lot and outlot, Black Walnut Acres. LOCATION: Part of Lot Bardwell Acres Lake Minnetonka. Located south of z Highway 7 (Hennepin County) and the City of Shorewood, east of VHighway 41 and north of Chaska Road - 6250 Chaska Road J APPLICANT: William and Nancy Swearingen 6250 Chaska Road Excelsior, MN 55331 474-8258 PRESENT ZONING: RSF, Residential Single Family District ACREAGE: 3.277 Acres DENSITY: 0.3 Units per Acre (Gross) ADJACENT ZONING AND LAND USE: N - Highway 7, Hennepin County, and the City of Shorewood S - RSF, Residential Single Family E - RSF, Residential Single Family W -Highway 41 WATER AND SEWER: Available to the site. ij PHYSICAL CHARACTER. The site contains a single family home, detached garage, and a swimming pool. The majority of the site is located within the City of Chanhassen. Two wetlands occupy the southwesterly edge of the site. The site is wooded. 2000 LAND USE PLAN: Residential-Low Density (Net Density 1.2 - 4.0 units per acre) C D a o a o 0 O 0 o a o 0 0 0 0 0 0 CO N tO u10 0 0 0 0 O O O N N N N N N r C41 t O ON CO N N N N N r-I r••t •-I City of Shorewood m+c-- s s acne z: 1 ,,\It... IPSNIPPIIIIIIIII ' A _a 4 .- '_—, AIM= � � .1�� efi , . = - • p[ i _ Koe�nen1Gc nen G 1111111 : MOM � + `. ' Herman -"7—= I ��1����� �R,!►� 63rd '�n in \ Yield Park Hill 1 ri. PAI Fl IV? 1 INN '''')MI= Strfarza \--- .,w.c..f.‘iw. ,,_ . . St.i Ti 7 ' Dr':lT�. Mill 'W'+ 1 ��,�w III Pheasant 1ke 444 , , / , 1 ,i,Cresatiew Eh 1 ..,114111 r k eqfe i I Co Lane -- al /1"-----__.,j//7 - 1 jI y I / (o .:1_ a 1 '� \ / '�\ u�y it* j • e i •,... . \ •,. 'I 1144.!3 Lake rel 1 i �/ arrison , r °' 1 a 4•� i J , y i It I ate,, s. Black Walnut Acres June 19, 1996 Page 2 PROPOSAL/SUMMARY The applicant is requesting preliminary and final plat approval to subdivide 3.277 acres into one lot of 0.912 acres and an outlot of 2.366 acres. The property is zoned RSF, Residential Single Family. Lot 1, Block 1, Black Walnut Acres will be occupied by an existing home. The second parcel(Outlot A)will remain as is and is not proposed to be developed. Access to the site is provided via Chaska Road. Proposed Lot 1, meets the minimum area,width, and depth requirements of the Zoning Ordinance. The site is located north of Chaska Road,east of Highway 41, and south of Highway 7. The northerly portion of the site, located north of Outlot A, is located in the City of Shorewood, consequently, Chanhassen has no jurisdiction over it. The remainder of the site is in Chanhassen. Staff contacted Shorewood's Planning Department and was informed that they are aware of this application, however,they have not seen the preliminary plat. We informed them that we intend to send them a copy of the plat. The main reason for this subdivision is financing. The applicants wish to sell their home. They intend to sell the house located on Lot 1 through a conventional mortgage. The outlot is being sold through a contract for deed. All exterior appearances will remain the same. No new home sites are being created. This is a very simple split. Because a new lot is being created, the city must take action on this proposal. Staff explained to the applicant that if they wish to develop Outlot A, a replat of the property will be required. It appears that there are at least two buildable sites on Outlot A,however, we can not confirm that since we do not have all information required to make such determinations. Staff is recommending approval with conditions. The site has a dense concentration of mature trees. There will be no impact on the trees since there is no proposed construction on the site. In summary, staff believes that the proposed subdivision is well designed. We are recommending that it be approved with conditions outlined in the staff report. PRELIMINARY PLAT The applicant is requesting preliminary and final plat approval to subdivide 3.277 acres into one lot of 0.912 acres and an outlot of 2.366 acres. The property is zoned RSF, Residential Single Family. Lot 1, Block 1, Black Walnut Acres will be occupied by an existing home and is located in the City of Chanhassen. The second parcel (Outlot A)will remain as is and is not proposed to Black Walnut Acres June 19, 1996 Page 3 be developed. Outlot A is also located in Chanhassen. A remnant lot located north of Outlot A is located in the City of Shorewood, consequently, Chanhassen has no jurisdiction over it. Access to the site is provided via Chaska Road. Proposed Lot 1, meets the minimum area,width, and depth requirements of the Zoning Ordinance. GRADING& DRAINAGE There will be none. UTILITIES The existing home is hooked up to municipal sewer. Water is provided via a well. In the event the well fails,the applicant will have to hook up to City water. STREETS Access to the lot is from Chaska Road. There are no proposed changes. WETLANDS There are two wetlands on the site. Both wetlands will remain intact. PARK DEDICATION There are no fees required at this time. However, when Outlot A is replatted into lots, full park and trail fees will be collected per city ordinance in lieu of land acquisition and/or trail construction. COMPLIANCE WITH ORDINANCE -RSF DISTRICT Lot Lot Lot Home Area Width Depth Setback Ordinance 15,000 90' 125' 30' front/rear 10' sides BLOCK 1 Lot 1 39,710 157.88 229.83' 30'/10' 10' Outlot A 103,052 or 2.98 acres Black Walnut Acres June 19, 1996 Page 4 TREE PRESERVATION/LANDSCAPING Since there is no proposed development on the site, staff did not require a tree survey. FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District. 2. 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 all applicable plans. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: There is no proposed development on the site. 4. 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 is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause environmental damage. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. Black Walnut Acres June 19, 1996 Page 5 b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision is provided with adequate urban infrastructure. RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: PRELIMINARY AND FINAL PLAT "The Planning Commission approves the preliminary plat for Subdivision#96-15 for Black Walnut Acres for 1 single family lot and 1 outlot as shown on the plans dated received June 7, 1996, subject to the following conditions: 1. Approval of the plat from the City of Shorewood." ATTACHMENTS 1. Letter from Nancy and Bill Swearingen to the neighbors dated June 5, 1996. 2. Application. 3. Public Hearing Notice. 4. Pictures of the site. 5. Preliminary plat dated June 7, 1996. NANCY AND BILL SWEARENGIN 6250 CHASKA ROAD EXCELSIOR, MN 55331 (612)-474-8258 June 5, 1996 Dear Neighbor : We ' re sorry we can't talk with you personally rather than sending you this impersonal letter, but time is of the essence. We ' re sure you will understand after reading this. If you have driven by our house, you have seen the SOLD sign attached to Carolyn McClure ' s RE/MAX sign. We are delighted with the buyer who will be taking possession towards the end of June of this year. He and his wife are currently Chanhassen residents and have two boys ages 4 and 5, and a 10 year old daughter. They are an exceptionally nice young, solid family who will be an asset to the neighborhood. We have purchased a home in Mesa, Arizona and plan to move directly their immediately after closing. Nancy and I regret that we haven' t had the opportunity to meet all of you personally, even though we have lived here for more than 24 years. Perhaps it ' s true that we tend to isolate ourselves more and more in the stressful climate in which we operate. You will , or already have, received a letter from the City of Chanhassen informing you of a proposed development on our land. You will also see a sign stating the same thing shortly. PLEASE DON'T BE ALARMED! THERE WILL BE NO CHANGES IN THE USE OR APPEARANCE OF THE LAND AT ALL! We are simply splitting the house apart from the remaining 3 acres at the wish of the new buyer who will control the entire piece and maintain it just as we did. Chanhassen is required by the State of Minnesota to go through this procedure regardless of the size of the subdivision. Black Walnut Acres will be an Outlot defined by Chanhassen in the following terms: "OUTLOT means a platted lot to be developed for a use which will not involve a building or which is reserved for future replatting before development.' (Page 1152, supp. no. 7, Zoning Ordinance) . Thanks for your understanding. I know in the past when Nancy and I have received these development change letters from Chanhassen, we shudder and wonder what really is happening. We wanted to take this opportunity to reassure you that you will never notice a change. Sine rely, AOF rar7Bri.1 Swearengin CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION IA r-eo APPLICANT:(VC ( I, Awe t/ - ,1)017)(- /// OWNER: ADDRESS:ip�1 ds f� //2 ADDRESS: )2144- ' TELEPHONE(Day time) 1--j7 7>I_ TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of ROW/Easements Interim Use Permit Variance Non-conforming Use Permit Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review X Notification Sign Site Plan Review* X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPRNACNAR/WAP/Metes and Bounds, $400 Minor SUB) Subdivision* , �. TOTAL FEE$ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews, *Twenty-six full size folded copies of the plans must be submitted, including an 8'/z"X 11" reduced copy of transparency for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE-When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME 2 L < W L G LOCATION Zv C. 144 S g4 (lam c.� i 0-6_ ,A/DR LEGAL DESCRIPTION FA b- , 71 deg £�i- , TOTAL ACREAGE q A- - �r WETLANDS PRESENT 7 YES NO 0 v- P 4.1 PRESENT ZONING I� S P REQUESTED ZONING ie S f" PRESENT LAND USE DESIGNATION e 9 n-P h1 A L, L o / REQUESTED LAND USE DESIGNATION ftVtL-Q REASON FOR THIS REQUEST V O V f D r 1 O oTLo7 — 1 )/ ,�� This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. 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 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 1 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. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency -view. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for developm;/t review. Development review shall be completed within 120 days unless additional review extensions are approv:: by the applicant. //, / I 47wareri•\are of Applicant / D- e Signature of Fee Owner . Date Application Received on Fee Paid Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. if not contacted, a copy of the report will be mailed to the applicant's address. City of Shorewood NOTICE OF PUBLIC _ __461414__ . :S=MIasi swum a a emu 4 woes _ems_= HEARING = oa gr! PLANNING COMMISSION .14; ;',����li MEETING + , 46.10111 Wednesday, JUNE 19, 1996DZWI at 7:00 p.m. .ia paik ti , ' �o �-- City Hall Council Chambers 4111 .65 690 Coulter Drive *AIN Project: Black Walnut Acres `-' Developer: William & Nancy gym Swearingen d at Location: 6250 Chaska Road ,,e0.04" Notice: You are invited to attend a public hearing about a development proposed in your area. The applicant, William Swearingen, is requesting preliminary plat of Lot J, Bardwell Acres into one single family lot and 1 outlot on property zoned RSF,and located at 6250 Chaska Road. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting,the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. Questions or Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project,please contact Sharmin at 937-1900, ext. 120. If 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. Notice of this public hearing has been published in the Chanhassen Villager June 6, 1996. 6/( /61 ' Lennart& Deadra Johnson Frank & Greta Reese Thomas & Virginia Rode 6240 Chaska Road 6200 Chaska Road 6275 Chaska Road Excelsior,MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Philip& susan Bonthius Robert& Delores Aman Richard & Linda Nicoli 2300 Melody Hill Road 2250 Melody Hill Road 2280 Melody Hill Road Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Karen Signe Peterson Joseph & Marcia Massee George & Beulah Baer 2240 Melody Hill Road 6381 Hazeltine Blvd 6300 Chaska Road Excelsior,MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Thomas Parker Robert Sommer Robert & Margaret Cristofono 6235 Chaska Road 6239 Chaska Road 2210 Sommergate Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Marvin &Eileen Braxton Thomas & Kimberly Gallogly Steve & Carol Good 2220 Somergate 2230 Sommergate 6245 Chaska Road Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Kenneth &Nancy Meyer Thomas& Susan Thoele Glenn, Jr. & Sherry Johnston 6251 Chaska Road 6257 Chaska Road 6263 Chaska Road Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 John& Diane Lenertz Shirley Butcher&Rosemary Fruehling Frank & Lynda Kuzma 6269 Chaska Road 4335 Chimoe E. 2241 Sommergate Excelsior, MN 55331 Wayzata, MN 55391 Excelsior, MN 55331 Thomas Baurle Perry Harrison Claude & Kaye Benson 2231 Sommergate 2221 Sommergate 2211 Sommergate Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Peter&Lisa Staudohar Todd Rowe Wayne & Barbara Fransdal 2204 Sommergate 6270 Murray Hill Road 6200 Murray Hill Road Excelsior, MN 55331 Excelsior, MN 55331 Excelsior, MN 55331 Jon& Laura Jo Williamschen Seven Forty One Partnership Sheldon Rubenstein et al 6230 Murray Hill Road c/o R. Soskin c/o SuperAmerica Group, Inc. Excelsior, MN 55331 5591 Bristol Lane Tax Dept., P. O. Box 14000 Minnetonka, MN 55416 Lexington, KY 40512 Mark& Lorena Flannery Gary Brunsvold Ward Allen& Sandra Putnam 2350 Melody Hill Road 6287 Chaska Road 6285 Chaska Road Excelsior,MN 55331 Excelsior, MN 55331 Excelsior,MN 55331 • Hennepin Co.Names see file#96-15 SUB 26 34-117-23 33 0004 ROBERT W REUTIMAN JR 305 E RICE ST P 0 BOX 367 WAYZATA MN 55391 26 34-117-23 33 0026 26 34-117-23 33 0027 EVERETT J DRISKILL RYAN CONSTRUCTION CO 4350 KINGS DR 900 2ND AVE S SUITE 700 MINNETONKA MN 55345 MPLS MN 55402 26 34-117-23 34 0007 26 34-117-23 34 0014 FRANK REESE ALFRED E SNYDER 6200 CHASKA RD 23435 STATE HWY 7 SHOREW00D MN 55331 EXCELSIOR MN 55331 26 34-117-23 33 0005 26 34-117-23 33 0021 WILLIAM VAN SWEARENGIN KERBER FINANCIAL SERVICES 6250 CHASKA ROAD 23780 STATE HWY NO 7 EXCELSIOR MN 55331 SHOREW00D MN 55331 26 34-117-23 34 0001 26 34-117-23 34 0002 RUTH THONANDER JOHN R THCNANDER 23520 STATE HWY NO 7 P 0 BOX 442 EXCELSIOR MN 55331 EXCELSIOR MN 55331 26 34-117-23 34 0015 - - MARK P LABEREE TOTAL LABELS BATCH 505 0001C 6180 CHASKA RD EXCELSIOR MN 55331 t,� �m h , �1 i /' • - o I i ` - tom. 4 I -J J f`•_.fir'.../w\ / { • � ! 71_____ t eI �91:)Pb? . StZ r \( 1 _ I .► . \, 'ter o z - \5 C r A 11 moir \t~ i t ! .� h p I! }-- Ai,'4 }'• -.:, Imo`- A ' �/`I Ib.OW flyMH0IH =31ViSI l :7-1141 jtj '1il; ! 'f`11i� i' I, I. 1 116,1111 Q! 1 1111'1/11, i 3� i v� 110..+" II rlifii.igi ;• (I �' Z isi. , it1 : tif i l;1 1;iiiisi11•113 I 1; �� G! w tit lial ''. 1 ii-i.-.. " 1 E p i 119Iii„.g 1 Si _ 41 -pjlni Va• i ; .f . 1 Wijir,1 li i; lii of t!P1i 1 ti �� � iii i L j ���i1ll�� el I� 1 t C I TY 0 F PC DATE: 6/19/96 \\I CUAACET CASE#: IUP.#96-2 �-, . By: Rask:v • STAFF REPORT PROPOSAL: Interim use permit request for a retail nursery in an A-2 Agricultural Estate District Fil LOCATION: 850 Flying Cloud Drive,Northwest Corner of Hwy. 101 and Hwy. 212 Z Q 0 J APPLICANT: Skip Cook OPERATOR: Dick Henning Enterprises a 15506 Village Wood Drive 737 Ashley Drive CL Eden Prairie, MN 55347 Chaska, MN 55318 Q (612) 759-5043 PRESENT ZONING: A-2,Agricultural Estate District ACREAGE: 10.0 Acres DENSITY: N/A ADJACENT ZONING AND LAND USE: N- A-2,Agricultural Estate District S- A-2,Agricultural Estate District E- BF,Business Fringe Q W- A-2,Agricultural Estate District 17 Q . WATER AND SEWER: Not available to the site PHYSICAL CHARACTER.: The site contains an existing nursery consisting of a retail building 111 two agricultural buildings,display areas,and growing ranges. 1"' (/) 2000 LAND USE PLAN: Unguided — i ti W 96thSteee e . . -,.17i. :,..,....t;i• . r i i •:7*/*/* -••..'-t ---- --/ 4::f Nos , ,.. 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III 1 , \ 111 • .. .. : • _ . . %. v..15 .- . -.7 .- - - .---:-:•• --( • ...... _ . . . . . . .. .• . . ... ..,. . . . • ... ... • • • - - . . ...,... 7-- .... • . 1,4, "." ) • :•• .- [ 4:P • i i • 0 'l 1 s ----------Vj RICE 11 1 ii:'/ • , . ,...., C..9 rij Lake . \ Iii,.t,iLIfii it —b 1 -I . : • --, 1 . - --.1 \\,:ir...3;1—• -,:c . • -1....;, Ae„,,.......5L. 1..! -, . --k- :•t ----15%). \ 30 \ 7 . i•:"""-- ti -.. -• City of Chanhassen a-----7,-----, E.---..----...._...m,-a•-,__...__..__,....- 'n r: 1., City of Shakopee r,......,..„,,,. • I, Skip Cook Interim Use Permit June 19, 1996 Page 2 PROPOSAL/SUMMARY Skip Cook, the applicant, is requesting an interim use permit to expand an existing retail and wholesale nursery. The site contains a non-conforming nursery which has been expanded over the years. An interim use permit is being requested to bring the site into conformance with current ordinance provisions and to permit the expansion of the nursery. The subject property has been used as a farmers market and retail nursery prior to the adoption of the Chanhassen zoning ordinance in 1972. The applicant proposes to use the site as it exists today. Expansion of the use will consist of storage bins for decorative rock, increased display areas, and growing ranges. A variety of vegetables, trees, shrubs, and conifers would be stored and grown on the site. An irrigation system may be constructed in the future for care and maintenance of the nursery stock. No grade changes are proposed on the site. Staff recommends approval of the interim use permit based on the findings presented in the staff report and subject to the attached conditions. The proposed use is consistent with city ordinances and surrounding land uses. The interim use permit will allow the applicant to expand the operation while making use of the existing buildings and improvements. A variance from the 300 foot setback requirement from a residence is being requested. Staff finds that the applicant has demonstrated a hardship in the location of the existing buildings and nursery operation. Existing vegetation and landscape plantings provides a partial buffer at this time. The applicant will maintain a fifty foot setback from adjacent property lines. BACKGROUND Sunny Acres produce stand occupied the site prior to the property being used as a nursery. Use of the property for retail purposes predates the City's Zoning Ordinance. Aerial photographs taken in November of 1979 show the existing retail building and parking area. In 1989, photographs reveal the addition of two greenhouse structures and additional display areas. Upon review of city records and aerial photographs, staff has determined that the property has the following non-conforming uses and structures: 1. Land area of the nursery operation consists of approximately 40,000 square feet (200 x 200 feet). 2. Three buildings occupy the site. The primary nursery building/retail building(40 x 50 feet) and two green house structures(20 x 60 and 20 x 40 square feet). 3. Nursery stock was located to the south, east, and west of the building within the parking area and adjacent to the building. Skip Cook Interim Use Permit June 19, 1996 Page 3 4. Pictures taken of the site in December of 1995 show one sign with the wording "Garden Center." No other permanent signage was present. 5. No contractor's equipment was stored on the property. The land area to the west of the building which is currently used for storage of nursery stock was expanded illegally. This area consisted of tilled agricultural land in 1989. Two "agricultural" buildings (32 x 40 feet)were added in 1992 for storage of agricultural equipment. On March 11th, 1996, the City Council, upon recommendation from the Planning Commission, approved an ordinance amendment allowing for retail nurseries in the A-2 district as an interim use permit. The intent statement for this ordinance amendment reads as follows, "It is the intent of this amendment to recognize that pre-existing retail nurseries and garden centers are located within the City and may be in conflict with the comprehensive plan and zoning ordinance. These establishments pre-date current ordinance standards. To allow for planned and orderly development, the City finds it necessary to regulate the expansion or intensification of these uses and to provide standards for any future retail nursery or garden centers. It is the intent of this section to promote the health, safety, general welfare, aesthetics, and image of the community by regulating the creation and the expansion of existing retail nurseries and garden centers. The creation or expansion of these uses will be allowed only by Interim Use permit approved by the City Council." To the north of the subject site is an existing home. The home has a significant amount of outdoor storage. To the west of the subject site (across TH 101) is the Brookside Motel, a legal non- conforming use. Bluff Creek runs through this property. GRADING/DRAINAGE/EROSION CONTROL The Engineering Department is unable to address these issues based on the site plan submitted. An existing and proposed grading plan should be submitted for review and approval. UTILITIES The site does not have municipal sewer and water service available. Based on the applicant's narrative, they utilize a well and septic system. Municipal sewer and water are not planned to be extended for 5 to 10 years or more. ACCESS Skip Cook Interim Use Permit June 19, 1996 Page 4 The site currently has two access points, one off TH 101 and the other from TH 212. MnDOT is proposing traffic safety improvements along TH 101 and TH 212 this summer. Attached is a copy of the preliminary plans for four lanes and traffic signals. Due to the close proximity of the driveway entrances to the intersection of TH 101 and TH 212,turning movements may be restricted during peak hours. Staff recommends that the southerly driveway access from the site (onto TH 212) be relocated further to the west. A MnDOT access permit will be required for this. Also, consideration for a deceleration lane should be addressed. FINDINGS When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Finding: The proposed use will not be detrimental to or endanger the public health or safety if the appropriate conditions are attached to the permit. Bluff Creek is in close proximity to the subject site. Erosion control measures must be employed and maintained. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The proposed use is consistent with the City's comprehensive plan and zoning ordinances. Staff sees this use as temporary until municipal sewer and water are brought to the property. At that time the use may change. 3. 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. Finding: The proposed use will be operated in a manner which is consistent with other uses and compatible in appearance with the general vicinity if the appropriate conditions are attached to the permit. Additional buffering should be provided along TH 101 and TH 212. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The expansion of the existing use will not be hazardous or disturbing to existing or planned neighboring uses. There is an existing home to the north and a large lot subdivision. Skip Cook Interim Use Permit June 19, 1996 Page 5 5. 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. Finding: The proposed use will be served by adequate public streets, private well and septic system. 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The proposed use will not be detrimental to the economic welfare of the community. The use is proposed to be temporary until municipal services are brought to the site. 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare because of excessive production of traffic,noise, smoke, fumes,glare,odors,rodents, or trash. Finding: Expansion of the existing nursery operation by adding additional storage and growing areas will not further impact adjoining properties or the general welfare if the appropriate conditions are attached to the permit and complied with. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The nursery operation will utilize the existing access points onto TH 212 (Flying Cloud Drive) and Trunk Highway 101. The site is accessible from TH 101 and TH 169/212. The State of Minnesota will be installing a traffic signal at TH 101 and TH 169/212 this summer which will improve traffic flows in the area. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The nursery operation will not result in the destruction, loss or damage of solar access,natural, scenic,or historic features of major significance. 10. Will be aesthetically compatible with the area. Finding: The nursery will be aesthetically compatible with the surrounding area with compliance of the conditions of the permit. Skip Cook Interim Use Permit June 19, 1996 Page 6 11. Will not depreciate surrounding property values. Finding: The proposed use will not depreciate surrounding property values if the necessary conditions are attached to the permit. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: The nursery will meet applicable standards with the exception of certain setback requirements. However, the proposed expansion should not further encroach to the north where there is existing residential properties. Section 20-383. General issuance standards. The planning commission shall recommend an interim use permit and the council shall issue interim permits only if it finds that such use at the proposed location: 1. Meets the standards of a conditional use permit set forth in section 20-232 of the City Code. 2. Conforms to the zoning regulations. 3. The use is allowed as an interim use in the zoning district. 4. The date of event that will terminate the use can be identified with certainty. 5. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future: and 6. The user agrees to any conditions that the City Council deems appropriate for permission of the use. Findings: The nursery operation meets the above standards. Staff has recommended conditions which should allow the use to be compatible with adjacent properties and the provisions of the City Code. The following conditions will apply to wholesale and retail nurseries: 1. The site must be on a collector or minor arterial as identified in the comprehensive plan. Finding: The property is located on collector/arterial streets. Skip Cook Interim Use Permit June 19, 1996 Page 7 2. The minimum lot size is five acres. Finding: The property is ten acres in size. 3. All storage and yard areas as well as buildings must be setback fifty (50) feet from public or private road right-of-ways, and three hundred (300) feet from an adjacent single family residence or a minimum of fifty(50)feet from a side lot line, whichever is greater. Finding: Because of the location of the existing buildings and display areas, the applicant is unable to meet these setback requirements. Staff is recommending approval of variances from these setback requirements. Staff is also recommending that Area 4 as shown on the site plan dated June 10, 1996 be eliminated as a storage area for equipment, vehicles and materials (decorative rock,boulders, mulch, etc.). Nursery stock may be displayed or stored in this area. All other storage and yard areas shall maintain a minimum setback of fifty (50) feet from lot lines. 4. All outdoor storage areas must be buffered from adjacent properties. Buffering may be accomplished using berms, fencing, landscaping, natural topography, or increased setbacks. The City Council may require storage areas to be completely screened by one hundred (100) percent opaque fencing or berming. Finding: One residential property is located to the north of the existing business. A partial buffering is provided with the existing vegetation and landscaping. However, with the elimination of Area 4 as shown on the site plan dated June 10, 1996, the home to the north should not be further impacted by the proposed nursery operation. Natural vegetation and existing landscape plantings provide a partial buffer to the adjoining property. 5. Hours of operation shall be from 7:00 a.m. to 9:00 p.m. Monday to Friday and 9:00 a.m. to 5:00 p.m. on Saturday and Sunday. The City Council may further restrict hours of operation if the use is located adjacent to property guided residential as identified in the Comprehensive Plan. Finding: The applicant has indicated that the hours of operation will not exceed 7:00 a.m. to 9:00 p.m. 6. Light sources shall be shielded. Finding: Any proposed lighting shall be done in a manner as not to infringe upon neighboring properties or negatively impact traffic on the adjoining roadways. 7. No outside speaker systems shall be allowed. Skip Cook Interim Use Permit June 19, 1996 Page 8 Finding: No speaker system shall be allowed. 8. A termination date shall be established for the interim use permit. The use shall be permitted until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permits. Prior to the permit expiring, the applicant may request an extension to the interim use permit by submitting a new application. The renewal application will be subject to all city ordinances including any new ordinances enacted after the original approval. Finding: The applicant is requesting a termination date be set for the second anniversary of curbside availability of public sewer and water service. Staff recommends that this permit be reevaluated in five years or when sewer and water services become available, whichever occurs first. 9. One wall sign not to exceed ninety (90) square feet, and one monument sign not exceeding twenty-four square (24) square feet in size or eight (8) feet in height shall be permitted on the premises. The Council may further restrict the size and location of signs if the use is located to adjacent to property guided residential as identified in the Comprehensive Plan. Finding: All signage shall comply with these standards. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends that the City Council approve the interim use permit for a wholesale and retail nursery, and a variance from the 300 foot setback requirement from a residence based on the findings presented in the staff report and site plan dated June 10, 1996 (prepared by Dick Henning Enterprise)and subject to the following conditions: 1. Area 4 as shown on the site plan shall not be used for the storage of equipment, materials, or vehicles. Storage or display of nursery stock is permitted in Area 4. 2. A fifty foot setback shall be maintained from all properties lines for the storage of materials, growing ranges, and parking, except that the existing parking area and display area adjacent to Highway 212 and Highway 101 (southeast corner of the property) may continue to be used for these purposes. No materials or displays shall be placed within the right-of-way or obstruct the view of the traveling public. 3. Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday and Sunday. Skip Cook Interim Use Permit June 19, 1996 Page 9 4. Exterior light sources shall be shielded. 5. No outside speaker system shall be allowed. 6. The use shall terminate one year following the availability of public sewer and water service. . 7. Signage shall comply with city ordinances. 8. Stop signs shall be erected at the intersections of the driveways and Highways 101 and 212. 9. No contractors equipment shall be stored on the site with the exception of equipment necessary for the operation of the nursery. The applicant shall provide a list of vehicles, trailers, Bobcats, end loaders, or similar equipment that is proposed to be used and stored on the site prior to consideration by the City Council.. 10. Permanent landscaping shall be provided along Highway 101. The applicant shall submit a landscaping plan for staff review prior to consideration by the City Council. 11. Unused pallets and equipment located along the north property line shall be removed from the site. 12. The two white(32 x 40 foot) structures shall not be used for retail purposes. Storage of equipment and materials is permitted in these buildings. 13. The applicant shall submit a detailed grading,drainage,and erosion control plan for review and approval by the city engineer. 14. The applicant shall work with MnDOT to relocate the access point on TH 212 further to the west. A deceleration lane should also be installed along westbound TH 212. ATTACHMENTS 1. Application 2. Exhibit A 3. Public hearing notice and property owners list 4. TH 101 and TH 212 traffic improvements 5. Site plan CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: Skip Cook OWNER: Skip Cook ADDRESS: 15506 Village Wood Drive ADDRESS: 15506 Village Wood Drive Eden Prairie, MN 55347 Eden Prairie , MN 55347 Da time) 750-5887 (mobile ) TELEPHONE (Day TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of ROW/Easements x lntenm Use Permit Variance Non-conforming Use Permit _ Wetland Alteration Permit Planned Unit Development Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review' X Escrow for Filing Fees/Attomey Cost' ($50 CUP/SPRNACNAR/WAP/Metes and Bounds, $400 Minor SUB) _ Subdivision* TOTAL FEE $ 4 00 . 0 0 A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. `Twenty-six full size folded copies of the plans must be submitted, including an 81/2"X 11" reduced copy of transparency for each plan sheet. " Escrow will be required for other applications through the development contract NOTE-When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME Nursery LOCATION Northwest Corner of MSTH 101 / U. S . 212 Intersection LEGAL DESCRIPTION Part of EZ of NE, of Sec . 35 , T116 , R23 TOTAL ACREAGE 10 . 9 WETLANDS PRESENT YES X NO PRESENT ZONING A-2 REQUESTED ZONING A-2 PRESENT LAND USE DESIGNATION A-2 REQUESTED LAND USE DESIGNATION A-2 ; Interim Use Permit; Nursery REASON FOR THIS REQUEST See Exhibit A attached This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. 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 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 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. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions ar a..roved b the a..=cant. ge Signat&eo/„�*' _ .dok e: - //� Signat.re i%- Owns Skip Cook '-te Application Received on 5/.)//9G Fee Paid $"7UOReceipt No. �pa �C/ The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. EXHIBIT A Introduction: The Cook site has been used as a farmers' market and retail nursery operation since before the adoption of the Chanhassen City Zoning Ordinance in 1972. As the applicant for an interim use permit I am seeking a permit which allows the retail and wholesale sale of plants grown on the site as well as plants imported onto the site. This would also include greenhouse facilities. In conjunction with the plant sales, I will be selling accessory items directly related to the care and maintenance of the plant materials, including but not limited to seeds fertilizers,pesticides, herbicides,pots, mulches,potting soils, landscaping fabrics, materials, landscaping aggregates, garden stakes,trellis materials, and other gardening materials. Location: A location map is attached. Ownership: A copy of my certificate of real estate value is attached as evidence of ownership. Site Plan: I propose to use the site as it is used today, with use of the retail building for retail sales,use of the areas to the south and east of the retail building as a display area for plant materials and for customer parking. The balance of the site (ie, the land west of the retail building)would be used as a growing range for a variety of typical Minnesota vegitables,trees, shrubs, and conifers, some of which would be planted in the ground and some of which would be transported onto the site seasonally and maintained on the site in pots or heeled in(balled and burlaped).. For water conservation purposes an irrigation system would ultimately be installed for the growing range. No grade changes are proposed. Compliance issues: A. The use presents no known public health, safety, or welfare concerns. B. The use would consistent with agricultural and residential nature of the area. C. No changes are proposed for the general appearance of the site. D. The nursery use would not be hazardous or disturbing to other neighborhood uses. E. The property is served by a dumpster service. No additional public services are being requested. The property is served by an existing well and septic system. F. No additional public facilities are being requested. G. The use presents no traffic, noise, smoke, fumes, glare, odor,rodent, or trash concerns. H. Vehicular access would be from both 101 and 212. No changes are proposed. I. The use will not distroy solar access, natural features, scenic features, or historical features. J. The growing range should be aesthetically pleasing and compatible with the area. K. The use will not depreciate surrounding land values. Ordinance 248 Standards: 1. The site is on collector streets. 2. The site exceeds 5 acres. 3. The 50 foot setback will not be maintained on the south and east sides of the retail building. However use of these areas for parking and retail display areas predate the zoning area. 4. No buffering is proposed as to adjacent properties. 5. Hours of operation proposed are 7:00 am to 9:00 pm. 6. Exterior light sources would be shielded. 7. No outside speaker system is proposed. 8. As a termination date for the permit I propose the second anniversary of curbside availability of public sewer and water service. 9. Signage would be as allowed by city ordinances. FROM CITY OF CHA4r II ,, V • , / 4, ,, /yI�HGSSEN r� 04.24. 1996 j-4.4,14 F 4 Y ; ! , PRIPEM, 1 ft ..-.Z1 .9°4.6 "1 4... PPE ; Ian to ; Ito* :€4)11,7441111pi . &2- re �� •2?mi f i' Aili141111.r. f P I�i � � CIRCLE r<b\.1 i , H. t A2 7-71 IV rii rQ • i e<o'�� BLUFF a CREEK "'N Vii - , L i PARK 11.41P% Clit. . - . - - *IA. Ciao , .9 4.44t,441, L4211111VV4 ' 9° 042111M iiiirr ,_4 ,‘„), IIIIA ‘c ilriaTRAM. 1 1�� • . .,, . . pr Wr etsf VA 0°1 740.00000.• -0 t::**, . it 4Alti : . ei obt: kyr- Vii;: pit I , i 4,,,, , i,,,-,p,,-,-47 C - ���a fy' • • /1111, A2 • y- „...7 - i , i . I ii I Bluff I m '', • NOTICE OF PUBLIC i `-��) —, w F i` �/j• HEARING i ' ' PLANNING COMMISSION n Rd ; ;• \ t j MEETING " Wednesday, JUNE 19, 1996 .`� -• ' '-' � % at 7:00 p.m. �� i , r: City Hall Council Chambers __:___ 690 Coulter Drive Project: Interim Use Permit _ for a Nursery '.`? / r Lt \ v,% Developer: Skip Cook - Gs Location: NE Corner of TH 101/212 Notice: You are invited to attend a public hearing about a development proposed in your area. The applicant, Skip Cook, is requesting an Interim Use Permit for a nursery and variances to the setback requirements on property zoned A2 and located at the northwest corner of TH 101 and TH 212. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting,the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. Questions or Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact John at 937-1900, ext. 117. If 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. Notice of this public hearing has been published in the Chanhassen Villager June 6, 1996. (0 r/�� - 1 nii L I Harold Hesse UBA Partnership Skip Cook 1425 Bluff Creek Drive. 7900 1st Ave. S. 15506 Village Woods Drive Chaska, MN 55318 Bloomington, MN 55420 Eden Prairie, MN 55347 State of Minnesota John& Delores Malzahn Riley Purgatory Bluff Creek Watershed Dept. of Transportation 10551 Great Plains Blvd. c/o Ray Haik Metro Square Blvd. Chaska, MN 55318 222 South 9th Street,#3300 St. Paul, MN 55101 Minneapolis, MN 55402 Patrick Blood &Nancy Lee William& Marsha Jo Harder L. Richard& Karen Dee 718 3rd Ave. W. 1025 Hesse Farm Road 1201 Hesse Farm Circle Shakopee, MN 55379 Chaska, MN 55318 Chaska, MN 55318 Roger& Betty O'Shaughnessy John& Barbara Force Lois Riesgraf 1000 Hesse Farm Road 1001 Hesse Farm Road 720 Vogelsberg Trail Chaska, MN 55318 Chaska, MN 55318 Chaska, MN 55318 James & Cheryl Sulerud Debra Wendorf Allen Rothe 730 Vogelsberg Trail 740 Vogelsberg Trail 750 Vogelsberg Trail Chaska, MN 55317 Chaska, MN 55318 Chaska, MN 55318 SECTIO LINES ARE PRELIMINARY r , f;+ 1— I Afs. ;,o 0 0 ;./i. SUBJECT SITE /}/I j� o o o "b •/ �; o �- ( \\I\I c 77.......:— ) l,\� 91P 24.31 w 13.2. w / \ '- ` lipz TH 212 13.14 . =- PEMB * a ( -- -�- 4 MOrOge R OF rt 2i r FROL Q �libO I 1 0 i • f I .. LEGENDi i ts • a a t o. ROADWAY I PavFf] SHnI it flFR USER 10 Aetna 011he w. ___ PROPfISEfl SInNAL S b\�� STRTPFfl CHANNEI IZATIOM I"1—''""l LIFTLAND ROUNDRY 1....n.1 I - _ - I 1 a SO 1M NOTE: FOR SIGNAL INFORMATION CONTACT METRO SIGNAL DESIGNER E. C ITY OFPC DATE: 6/19/96 10 CUAACE1 CC DATE: 7/8/96 CASE#: SPR 96-7, CUP 96-2 . By: Generous:v STAFF REPORT PROPOSAL: Site plan approval for three buildings in a 26,600 square foot commercial development and a conditional use permit to allow more than one principal building on a lot,West Village Center, Phase H. Z LOCATION: The northeast corner of Kerber Blvd. and West 78th Street, Lots 1 and 2, West Q Village Heights 2nd Addition 0 APPLICANT: T.F. James Company 6640 Shady Oak Road, Suite 500 Eden Prairie, MN 55344 (612) 828-9000 PRESENT ZONING: The property is zoned BG, General Business District ACREAGE: 3.4 acres ADJACENT ZONING AND LAND USE: N- PUD-R12, Oak Pond Oak Hills townhouses S- PUD,Target, Taco Bell, Boston Market, Perkins, W. 78th St. E- BG, Century Bank - W- R12,Eckankar property, Powers Blvd. Q WATER AND SEWER: Available to site. 0 PHYSICAL CHARACTER: The site is currently used for the storage of soil excavation material from the previous development of West Village Heights 2nd addition. A significant elevation change will be WI Wmaintained between Oak Ponds and this development. - 2000 LAND USE PLAN: Commercial 8 s g= D x s s s 's O o F § h . 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FLA E w { a a� t.i ..' b L',1�� -\ 1117 PARK) ll° al / .i4�.«'*,911.11) •. •, 1 -1�, �' / "ii .Z • ' ' '��Vt+OB r LAKE SUSAN 1 _ : _ ' '.+ s^. .. / J / = i-?m �i i� Al,r _ � 400 R/CE M R VAW,(_ _ West Village Center June 19, 1996 Page 2 PROPOSAL/SUMMARY The applicant is proposing a three structure commercial development consisting of a Building A - 14,006,Building B - 10,200, and Building C - 2,394 square foot buildings. This development is the last phase of the West Village Heights development that incorporates both commercial and residential components. This site serves as a gateway for people entering the central business district from the west. As such, its aesthetic and architectural features are an important component of the image the city wants to create for the downtown. This development continues the themes established within the West Village Center project consisting of brick exteriorwalls with "classical" uses of arches, recessed areas, and varied building facades. The development embodies many of the design elements specified in the Highway 5 Corridor Study including a well designed and varied building facade, appropriate building scale and proportion, harmonious colors and building accents, appropriate screening, and the use of high quality building materials. Pedestrian access will be provided from West 78th Street, from the West Village Center, Century Bank and from Powers Boulevard to the west. The location of building C in the southwest corner of the site helps to frame the entrance into the downtown area. The entire site is proposed to be graded for the parking lots and building pads. The grades will be sloping gently to the south with a grade difference of approximately 5 feet. Currently there is a grade difference on the site of over 30 feet north to south. The northerly portion of the site will be graded with 3:1 side slopes. For comparison, the existing slopes on the parcel to the east have similar slope conditions. This results in a elevation change from the top of the slope to the ground floor level of 14 feet in the western part of the site and 24 feet in the eastern part of the site. Staff is recommending approval of Site Plan#96-7 and Conditional Use Permit#96-2 subject to the conditions of approval. BACKGROUND The applicant received an interim use permit, IUP#93-2, in November 1993 to allow site grading to begin on West Village Heights 2nd Addition prior to obtaining final site plan approvals for West Village Center. Approximately 100,000 yards of excavation were to be involved as part of the overall grading operation. Of this amount, approximately 40,000 cubic yards of excess material were removed from the site. The excess was to be stored on-site. Grading was completed during 1994. West Village Center June 19, 1996 Page 3 The site contained a small depression that is not a protected wetland. While it had wetland characteristics, available information indicated that it was created for storm water purposes and was therefore exempt. The following is a brief description of the wetland on site: Basin A- Basin A was located in the south central area of the site at an elevation of approximately 956 feet. The wetland is classified as a semi-permanently flooded palustrine emergent wetland (Cowardin PEMF; Circular 39 Type 4 inland deep fresh marsh). The City of Chanhassen's wetland biologist classified this basin as an agricultural/urban wetland, however, a review of the history of the pond indicates that it was created when West 78th Street was constructed for stormwater holding purposes. The records show that this was not a mitigation site for other wetlands filling in the area,but was created for the specific purpose of stormwater retention. The basin was approximately 0.5 acre. The City of Chanhassen, after reviewing the proposed project to ensure compliance with the Wetland Conservation Act (WCA)of 1991, processed and administered a WCA exemption report. In this case under the WCA exemptions, this wetland did not require mitigation. The WCA states that a replacement plan for wetlands is not required for impoundments or excavations constructed in non-wetlands solely for the purpose of effluent treatment, stormwater retention, soil and water conservation practices, and water retention, soil and water conservation practices, and water quality improvements, and not as part of a compensatory wetland mitigation process that may, over time, take on wetland characteristics (WCA; Exemption 10). In November 1986, this property was approved for a mixed use subdivision(West Village Heights 2nd) including five commercial lots, one multi-family lot, and the realigned right-of-way for West 78th Street. In addition, this property was rezoned from R-la, Agricultural Residence, to C-3, Service Commercial, and R-4, High Density Residential. In 1987, the southern five lots were rezoned to BG, General Business District, as part of the revisions to the Zoning Ordinance. Prior to the redevelopment of the downtown and the finalization of the West 78th alignment, the western portion of the site was rough graded in anticipation of a PDQ center. This center and other commercial uses were never built, although all of the residential acreage has either been developed or is currently being built out. The West 78th Street alignment was modified and a revised road section employed concurrent with the approval of Target. GENERAL SITE PLAN/ARCHITECTURE This site serves as a gateway for people entering the central business district from the west. As such, its aesthetic and architectural features are an important component of the image the city wants to create for the downtown. This corner serves as one of four significant corners in the downtown area, and it is important that an anchor for the development be of a high quality, and have an exceptional design. In designing the project, the applicant has incorporated design references to the Chanhassen gateway monuments and towers; specifically, the use of arches in West Village Center June 19, 1996 Page 4 the facade design. The brick exterior is compatible with buildings within the immediate area, such as City Hall,the Fire Station,the Chanhassen Bank, Century Bank, and West Village Center (Byerly's). This development continues the themes established within the West Village Center project through the use of brick as an exterior building material, incorporating brick columns and arched architectural features in the building design. The applicant is proposing the use of a grayish brown Belden Brick(color number 8523 dark) soldier course at the roof edge. The primary brick color for the building is reddish brown Belden Brick(Amhurst Blend). The overall design and architectural theme for the development is established by West Village Center and consists of brick exterior walls with "classical" uses of arches, recessed areas, and varied building facades. The development embodies many of the design elements specified in the Highway 5 Corridor Study including a well designed and varied building facade, appropriate building scale and proportion, harmonious colors and building accents, appropriate screening,and the use of high quality building materials. Pedestrian access will be provided from West 78th Street, from the West Village Center, Century Bank and from Powers Boulevard to the west. The city has adopted the Highway 5 Overlay District. The standards of the overlay district include: 1. Parking and building orientation: • The site meets this standard. The parking setback in the HC-1 district are those established by the underlying zoning. The site parking meets this requirement. The building is oriented to West 78th Street. 2. The architectural design standards. • The materials and details of the buildings are consistent with the Hwy. 5 standards. The project incorporates brick exterior with a vaulted arch and a well designed landscaping plan. Building materials are of a high quality. While the project continues the use of materials established as part of the West Village Center and Century Bank, there is sufficient variation in detail, form,and siting to provide visual interest. * The overall design and architectural theme for the development is established by Byerly's and consists of brick exterior walls with "classical" uses of arches, recessed areas, and varied building facades. The applicant proposes to incorporate design references to the Chanhassen gateway monuments and towers to integrate this project as part of the downtown area. West Village Center June 19, 1996 Page 5 * Building height is limited to three stories or 40 feet. The proposed structures are one story between 19 and 26 feet at the tower peaks. * The proposed development incorporates the use of high quality materials in both building and landscaping elements. * The site design is such as to avoid the accumulation of trash, leaves and dirt. * The building components are proportional and relate well to one another. * Building colors are harmonious and create a pleasant aesthetic experience. * The mechanical equipment is screened by a parapet wall. * The dumpster area is screened through the use of masonry walls as well as landscaping. Due to its placement on the site, the enclosure should not be visible from West 78th Street. 3. Landscape Design and Site Furnishings * The applicant's landscaping plan is well designed and incorporates the use of native tree species was well as extensive buffering materials. The plan reforests a site devoid of any vegetation. Where possible, the applicant has massed planting materials especially along the northern project boundary. COMPLIANCE TABLE GENERAL BUSINESS DISTRICT Ordinance BLDG A BLDG B BLDG C Building Height 3 story/40 ft 1 sty./25.5 ft. 1 sty./20.33 ft. 1 sty./19 ft. Building Setback N-50', E-10' N-60', E-1119' N-62', E-213' N-185', E-364 S-25', W-25' S-163', W-308' S-165', W-76' S-42', W-46' Parking Stalls 133 133 total Parking Setback N-50', E-0' N-60', E-10' S-25', W-0' S-25', W-25' Hard Surface Coverage 70 percent 67 percent West Village Center June 19, 1996 Page 6 Interior Parking Lot Landscaping 8 percent 8 percent Lot Area 20,000 sq. ft. 3.4 acres Variances Required NA None WETLANDS The site location is in an upland area with no wetlands on site. SURFACE WATER MANAGEMENT PLAN(SWMP) This development is not responsible for storm water management fees since they are not subdividing. In addition,the properties have been specially assessed for storm water drainage improvements in conjunction with the West 78th Street upgrade. GRADING The entire site is proposed to be graded for the parking lots and building pads. The grades will be sloping gently to the south with a grade difference of approximately 5 feet. Currently there is a grade difference on the site of over 30 feet north to south. The northerly portion of the site will be graded with 3:1 side slopes. For comparison,the existing slopes on the parcel to the east have similar slope conditions. This results in an elevation change from the top of the slope to the ground floor level of 14 feet in the western part of the site and 24 feet in the eastern part of the site. Staff anticipates that the site grading will generate an excess amount of material which will need to be hauled off site. Staff is concerned about the haul route and recommends that the haul route be restricted to West 78th Street to Powers Boulevard and not through the downtown area west of the site. The applicant should also be aware that if any of the material is to be hauled to property within the City,the individual property owner must obtain a grading permit through the Engineering Department prior to earthwork activities commencing. Existing boulevard trees westerly of the driveway entrance to the site will need to be temporarily relocated or graded around to minimize disruption. These boulevard trees were planted in conjunction with the City's West 78th Street Downtown Improvement Project. The City has existing utility lines adjacent to this parcel that may be impacted by site grading. The applicant shall be responsible for all adjustments of the City utility manholes in conjunction with the site grading. West Village Center June 19, 1996 Page 7 EROSION CONTROL The plans propose Type I silt erosion control fence along the southerly grading limits. A rock construction entrance is also proposed at the main entrance on West 78t Street. Staff recommends additional erosion control fencing to be installed along the westerly and easterly grading limits on the site as well. The applicant should also look at incorporating additional erosion control measures such as temporary sediment ponds or additional silt fencing to prevent erosion from leaving the site. DRAINAGE Storm drainage is proposed to be conveyed through a series of storm sewer pipes which tie into the City's downtown storm sewer system. The City's storm sewer system discharges into the downtown regional storm water quality and quantity pond located west of Powers Boulevard and north of Highway 5. Therefore,no on-site ponding will be necessary with this proposal. Staff has reviewed the drainage calculations and storm water layout plans and finds the plans acceptable. The storm sewer system on the site will be privately owned and maintained by the property owners. The applicant will be responsible for obtaining the proper permits through the City's Building Department. UTILITIES The site is serviced with municipal sanitary sewer and water service in West 78th Street. Fire hydrant locations should be coordinated with the City's Fire Marshal. The sewer and water lines will also be privately owned and maintained by the property owner. The appropriate utility permits and inspections will be required by the Public Safety Department. STREETS The site is proposed to be accessed from the existing curb cut on West 78th Street. The access point is restricted to a right-in/right-out from West 78th Street. A second access point will also utilize the existing driveway entrance in the southeast corner of the site adjacent to the bank property. Staff has reviewed the overall parking lot layout and is fairly comfortable with the configuration with the exception of a few drive aisle widths. All drive aisles for two-way traffic shall be a minimum of 26 feet wide face to face. Drive aisles behind the building in a couple of locations with the exception of the one-way all need to be expanded to 26 feet wide. The one- way drive aisle on the smaller building located in the southwest corner of the site appears West Village Center June 19, 1996 Page 8 acceptable. Staff recommends that a traffic signage plan be submitted for staff review and approval prior to building permit issuance. The proposed sidewalk serves no useful function in the location shown. Staff believes the sidewalk should be relocated to align with the sidewalk in front of the smaller building in the southwest corner of the site. LANDSCAPING Landscaping for West Village Center Phase Two includes buffer yard and interior parking lot requirements. The following table provides number of required materials for buffer yards: Required Landscape plan totals North perimeter Provided: (75%of total buffer yard D required): canopy 14 9 understory 28 17 shrubs 42 26 West perimeter(buffer yard B): canopy 3 4 understory 7 7 shrubs 10 10 South perimeter(buffer yard B): canopy 6 6 understory 11 12 shrubs 17 17 East perimeter(75% of total buffer yard A required): canopy 3 3 understory 6 6 shrubs 6 8 Parking lot canopy 26 4 (understory 10) Totals: Canopy 56 26 Understory 52 52 Shrubs 78 183 West Village Center June 19, 1996 Page 9 The applicant will need to increase the overstory plantings in the parking lot and north perimeter in order to meet ordinance requirements. The applicant may not use ornamentals for parking lot requirements. The applicant should also provide additional plantings (shrubs and trees) to the east of Bldg. A to help soften the expanse of building. LIGHTING/SIGNAGE The proposed lighting will be consistent with the lighting used at West Village Center, dark bronze anodized with square heads. The development shall comply with City Code in the provision of site lighting. Lighting shall use shielded fixtures and be directed away from public right-of-way and adjacent residential property. Sufficient lighting shall be provided to illuminate all areas of the parking lot to provide adequate levels of safety. To minimize off-site impacts, light levels as measured at the property line, shall not exceed one-half foot candle. The development shall comply with City Code(section 20-1303) in the installation of development signage. The proposed development has two street frontages. One ground sign may be permitted per street frontage. One wall business sign is permitted per street frontage. Wall signs may be located on the south elevation of Building A, the south and west elevations of Building B, and the south and east elevations of Building C, and wall signs shall not exceed seven percent of the total area of the south elevation for Building A, five percent and 11 percent for the south and west elevations, respectively, of Building B, and 13 percent per elevation for the south and east elevations of Building C. A separate sign permit application shall be required for all signage. SITE PLAN FINDINGS In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing areas; West Village Center June 19, 1996 Page 10 (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers,preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development is consistent with the City's Highway 5 Corridor design requirements,the comprehensive plan, the zoning ordinance, and the site plan review requirements. The site has few existing natural amenities due to previous development in the area. The site design is compatible with the surrounding development and enhances the open space and landscaping being established as part of the development of Century Bank. The site design is functional and harmonious with the approved development for this area. When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: West Village Center June 19, 1996 Page 11 1. Will not be detrimental to or enhance the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. Finding: The proposed development is located in a planned commercial area serviced with urban infrastructure and shall not be detrimental to the public health, safety, comfort, convenience or welfare of the community. The development enhances the appearance and convenience of community residents through the provision of shopping and employment opportunities. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The site is designated for commercial use and is located in the commercial center of the City. This development proposes an upscale, quality shopping center for community residents. This development will enhance the city's tax base. The steep slope and extensive landscaping provide a transition to the multi-family development to the north. 3. 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. Finding: The proposed development provides a varied and well designed appearance and it is consistent with the existing and proposed development in the area. The character of the area is commercial and is the commercial core of the community. This development will provide a quality addition to the downtown. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The development is located in the central business area and is consistent with existing and proposed development in the area. A transition to the multi-family to the north is provided by a landscaping and sloped buffer area. 5. 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. Finding: This development is located in the commercial center of the city and is served by adequate urban infrastructure and services. West Village Center June 19, 1996 Page 12 6. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The development of the site as a commercial use has been anticipated and planned by the city in the design and construction of public improvements. The commercial development of the site will improve the city's economic welfare as well as provide for the convenience and comfort of residents. 7. Will not involve uses, activities,processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: With the appropriate controls and conditions, as recommended by staff, the development of the site will have minimal impacts to persons,property, and the general welfare of the community. This area has been planned and designed as the commercial center of the city. 8. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The development provides ample opportunity to adequately move traffic. The development of the site as a commercial use has been anticipated and planned by the city in the design and construction of public improvements. Appropriate traffic controls will be employed for the development. Three points of pedestrian access are also provided into the development. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: There are no significant natural, scenic, or historic features present on the site. 10. Will be aesthetically compatible with the area. Finding: The brick exterior with its many architectural details provides a conservative yet comfortable sense of place. The extensive use of landscaping, walkways and the interplay of height and building lines create an inviting identity for the site. Perimeter and internal landscaping will provide a softening of the commercial aspects of the development. 11. Will not depreciate surrounding property values. West Village Center June 19, 1996 Page 13 Finding: This area is planned and zoned for commercial development. Surrounding property values should be enhanced with the completion of this development. 12. Will meet standards prescribed for certain uses as provided in this article. Finding: The developer has complied with all requirements of City Code and will comply with any conditions of the development approved by the city. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Site Plan#96-7 for 26,600 square feet of commercial development for three buildings and Conditional Use Permit# 96-2 to permit more than one building on a lot for West Village Center Phase II subject to the following conditions: 1. The applicant and/or contractor shall notify the City upon encountering any existing drain tile on the site. The City will determine whether or not the drain tile can be abandoned or relocated. 2. Additional erosion control fence(Type I) shall be installed along the westerly and easterly property lines. Erosion control measures shall be in place and maintained at all times until the site has been fully restored and revegetated and removal is authorized by the City. 3. The applicant shall obtain and receive the necessary permits from the regulatory agencies such as the Watershed District, Carver County Highway Department and Chanhassen Building Department. 4. All drive aisles with two-way traffic shall be a minimum of 26 feet wide face-of-curb to face- of-curb. 5. If earthwork material is to be hauled to or from the site, the applicant shall submit to City staff the designated haul routes for approval prior to hauling activities commencing. Hauling easterly along West 78th Street through the downtown will not be permitted. 6. All construction vehicles shall access the site at approve rock construction entrances only. The applicant will be required to maintain haul routes and clean the streets of any dirt and mud accumulated from vehicles tracking. Any damage to City streets, curbs or other public facilities will be the responsibility of the applicant. West Village Center June 19, 1996 Page 14 7. The existing boulevard trees along West 78th Street shall be preserved/protected from the site improvements. The applicant shall be responsible for replacement up to one year after the site work has been completed. 8. The applicant shall be responsible for adjustments to the City's utility manholes and gate valves impacted by the site improvements. 9. The applicant shall submit a detailed traffic control plan to the City for review and approval prior to issuance of a building permit. 10. The sidewalk shall be relocated to align with the proposed sidewalk in front of the building located in the southwest corner of the site. 11. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes,NSP, US West, cable TV, transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to City Ordinance 9-1. 12. The 6" DIP pipe which is to the north of building B should be continued with 6", and not reduced to a 4". Contact the Fire Marshal for further details. 13. Provide for and show on plans post indicator valves for buildings A and B. 14. Fire lane signs and yellow curbing will be required. Contact the Fire Marshal for exact locations of signs and curbing to be painted. 15. The proposed lighting will be consistent with the lighting used at West Village Center, dark bronze anodized with square heads. Lighting shall use shielded fixtures and be directed away from public right-of-way and adjacent residential property. Sufficient lighting shall be provided to illuminate all areas of the parking lot to provide adequate levels of safety. To minimize off-site impacts, light levels as measured at the property line, shall not exceed one- half foot candle. 16. The development shall comply with City Code(section 20-1303) in the installation of development signage. The proposed development has two street frontages. One ground sign may be permitted per street frontage with a maximum height of eight feet and a maximum sign area of 64 square feet. One wall business sign is permitted per street frontage. Wall signs may be located on the south elevation of Building A, the south and west elevations of Building B, and the south and east elevations of Building C and shall not exceed seven percent of the total area of the south elevation for Building A, five percent and 11 percent for the south and west elevations, respectively, of Building B, and 13 percent per elevation for West Village Center June 19, 1996 Page 15 the south and east elevations of Building C. A separate sign permit application shall be required for all signage. 17. The applicant must increase parking lot plantings to total 26 overstory trees. It will be necessary to make use of planting spaces on peninsulas and near parking lot edges to meet requirements. Ornamentals may not be used in parking lot. 18. The applicant must increase plantings along north perimeter to meet buffer yard"D"totals. 19. The applicant should also provide additional plantings (shrubs and trees) to the east of Bldg. A to help soften the expanse of building." ATTACHMENTS 1. Development Review Application 2. Building Design Narrative 3. Reduced Site Plan 4. Memo from Steve A. Kirchman to Bob Generous dated 6/10/96 5. Memo from Mark Littfm to Bob Generous dated 6/6/96 6. Public Hearing Notice and Mailing List • 24) .4 00 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612)937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: / F %J4i4 ammor OWNER: _ I 11.6 ADDRESS: 64440 SXR O Rb #SDDRESS: e).e41 rod , 44i1( .53.3 TELEPHONE (Day time) C' �" 02-9 7 " 5 gam'al. Comprehensive Plan Amendment Temporary Sales Permit XConditional Use Permit fkgry Vacation of ROW/Easements Interim Use Permit Variance Non-conforming Use Permit — Wetland Alteration Permit Planned Unit Development' Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review' 0, 2 sr, # 24,6 X Escrow for Filing Fees/Attorney Cost" ($50 CUP/SPRNACNAR/WAP/Metes $47),reS and Bounds, $$400 Minor SUB) Subdivision* TOTAL FEE$ /04,?b 15 > A list of all property owners within 500 feet of the boundaries of the property must be Included with the application. Building material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 81/2'X 11" reduced copy of transparency for each plan sheet. ** Escrow will be required for other applications through the development contract OTE -When multiple applications are processed,the appropriate fee shall be charged for each application. ,OJECT NAME YY a Vlttetil9.6 Csltisiegt — PHASE lr -OCATION t4 S 112 Nest ouotrE2/0 ,uf. *GAL DESCRIPTION 44/EST 7,E3771 , l AenAir126 LvD ( V' E. /-0/Eo/r& TOTAL ACREAGE 3 , S WETLANDS PRESENT Q/� YES )C NO PRESENT ZONING REQUESTED ZONING 54 PRESENT LAND USE DESIGNATION /14 « . REQUESTED LAND USE DESIGNATION Mimm REASON FOR THIS REQUEST 64ND/77M/f t USE : TO Aletek) 2 &D 41-7v 6 1-eT` A-` pit2' O 5/7E- PL*4iv This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. is to certify that I am making application for the described action by the City and that I am responsible for complying with a City requirements with regard to this request. 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 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 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. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. TJ,M4% eeU Y 5- 17- 9� Signature o . .plican/ Date F �. • AY Signature of Fee Owner Ill ' ' Date Application Received on - 17-'/, Fee Paid/ 0 /-4 Receipt No. 6.0 1 1 The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting l t contacted, a copy of the report will be mailed to the applicant's address. 51 6 S;-. /o/ah 4.1,/ ‘,,_ ii"(° q . U. P. 11 100 k SC,roff MCC HPC-;ITEC:-.3 612 927 8546 P.82 MCCOY ARCHITECTS 1944 CEDAR LAKE PARKWAY, MINNEAPOLIS, MINNESOTA 55416 TELEPHONE: (612) 927-8546 WEST VILLAGE CENTER, PHASE II BUILDING DESIGN materials and details for the three proposed structures are identical to those utilized in Byerly' s and Phase I of West Village Center. The buildings are constructed of Belden Brick, Amherst Blend, a dark reddish brown, on each side, including loading areas . The continuous brick surfaces include subtle recesses and projections in the building mass. A 12" high, recessed soldier course address band, just above window areas, extends around each building. Side and street-facing elevations utilize a narrow bed depth brick to form slightly recessed panels, between pilasters, below this soldier course band. Building cornices are constructed of a lighter, contrasting, greyish brown Belden Brick (#8523-dark) . Each of the four cornice courses projects above the course below. The cornices include specially constructed brick shapes. This contrasting greyish brown brick is also utilized in special sill shapes at windows, and in recessed horizontal bands at arched entry piers. All parking lot facing windows are recessed 3 ' -4" from the face of the structures (similar to Kinko ' s ) . All building entries are in recessed arched window openings, similar in design to phase one. The large arched entry piers project slightly, and step back at outside corners to meet the face of each building. Window and entry frames are dark bronze anodized aluminum to match phase I of the project. Site lighting fixtures are proposed to be square-head, dark bronze anodized, by LSI Lighting Systems, to match match phase I of West Village Center. Fixtures and bases will match height limits as established by the City of Chanhassen. CSA}{ NO 17 POWERS BOULEVARD 1 g �� w 0 -O ��00 Jit 7 E 271 Iri • r T _ ri n Ni_ ,I,.J`co . D ti oIZ ti m :.� 1. L Nft.i i ii o i. o I- 0r ♦ i t Pm, ` r / i w-__. aJ 1 y • • y y �� j O O • i l Al0 s. 1• • nnP O i . • 4 00 rr .o ,___. 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BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Bob Generous, Planner II FROM: Steve A. Kirchman, Building Official '.0•)< DATE: June 10, 1996 SUBJECT: 96-7 SPR and 96-2 CUP(West Village Center, Phase II, T. F.James Company) I was asked to review the site plan proposal stamped "CITY OF CHANHASSEN, RECEIVED, MAY 2 0 19 9 5, CHANHASSEN PLANNING DEPT. " for the above referenced project. I have no comments or recommendations concerning this application at this time. I would like to request that you relay to the developers and designers my desire to meet with them as early as possible to discuss commercial building permit requirements. g:\safety\sak\memos\plan\wvgectr2 iliorCITY QF i � C IIANBASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 T MEMORANDUM TO: Bob Generous, Senior Planner FROM: Mark Littfin, Fire Marshal DATE: June 6, 1996 SUBJ: Request for Site Plan Approval for 3 Buildings in a 26,600 sq. ft. Commercial Development on 3.4 Acres,Conditional Use Permit to allow more than one principal building on a lot. The property is zoned BG, General Business District, and is located on the NE corner of Kerber Blvd. & West 78th Street, Lots 1 & 2, West Village Heights 2nd Addition, West Village Center, Phase II, T.F. James Co. Planning Case: 96-7 Site Plan Review& 96.2 Conditional Use Permit I have reviewed the site plan review for the above project. In order to comply with the Chanhassen Fire Department/Fire Prevention Division, I have the following fire code or city ordinance/policy requirements. The site plan review is based on the available information submitted at this time. As additional plans or changes are submitted,the appropriate code or policy items will be addressed. 1. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps,trees, shrubs, bushes,NSP, US West,cable TV,transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to City Ordinance 9-1. 2. The 6"DIP pipe which is to the north of building B should be continued with 6", and not reduced to a 4". Contact the Fire Marshal for further details. 3. Provide for and show on plans post indicator valves for buildings A and B. 4. Fire lane signs and yellow curbing will be required. Contact the Fire Marshal for exact locations of signs and curbing to be painted. ML:cd • P.1safety\m1196.21 KE LUCY r: • 10 glif tajs'or gm, NOTICE OF PUBLIC `� Allliglainlikle:vgir la, =i =_ '... •';-.w ��ii►►�,lullau,er . a, HEARING ;.t -ARR ,.Whin UIIIIVI •�I IIVI•�a':1111: WI PLANNING COMMISSION ��i141,,„„ .... :71,10,4,7,...,,,,,,4�`4,! A/EAOow `� ♦ ' r CE ANN GREEN PARK ",C.7it :, '=‘ .0' �`em. MEETING �'_;> %v.& 4:1; n:iron 71.04 '� -'►u'r'r Wednesday, JUNE 19, 1996 1II S 0. .1, r•„':! :!iuu1:61/• .i II j dill n:4;rssOttr at 7:00 p.m. 1 I it ale '`2” City Hall Council Chambers /.. " �'%��a_n. LAKE r►. tk'J PArK y ANN I .�r - 1-.(�♦4bl::i 690 Coulter Drive r \4. . •. - �.1dx� :Cr.- i-n rr j ,, lGL .w- -..a. -T4i'..�1 � l+t.� N -r.-..-v r. B. •% CATION { • t::sa:uullgaZA 1,44Project: West Village Center Phase IIVA `®am Fir mai mu riruiliiiiii:Iiirl all /1°6 Develo er: T. F. James Com any ® ! � _ P P lliiiiir = ,7E MI6MM.'t Location: NE Corner of Powers Blvd. ♦ ,V�� ,--100110111 ,,,,„„044.06K.�� and West 78th Street ►��� 4/).-„, „:..• �- ''P sus. :i. ...._ . Notice: You are invited to attend a public hearing about a development proposed in your area. The applicant, T. F. James Company, requests site plan approval for three buildings in a 26,600 square foot commercial development on 3.4 acres and a conditional use permit to allow more than one principal building on a lot, on property zoned BG, General Business District and located on the northeast corner of Powers Blvd. and West 78th Street, Lots 1 and 2, West Village Heights 2nd Addition, West Village Center,Phase II. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting,the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an over view of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The Commission will then make a recommendation to the City Council. Questions or Comments:If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Bob at 937-1900, ext. 141. If 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. Notice of this public hearing has been published in the Chanhassen Villager on June 6, 1996., . Iq It 14) I ' V Dayton Hudson Corp. T-862 Ted Bigos T. F. James Company Property Tax Dept. 4820 Hwy. 7 Suite 500 777 Nicollet Mall St. Louis Park, MN 55416 6640 Shady Oak Road Minneapolis,MN 55402 Eden Prairie, MN 55344 Dean R. Johnson Construction Joan Foster Craig & B. Hallett 8984 Zachary Lane 981 Santa Vera Dr. 983 Santa Vera Drive Maple Grove, MN 55369-0028 Chanhassen, MN 55317 Chanhassen, MN 55317 Bruce Franson Cynthia Yorks Luretta Larson 967 Santa Vera Drive 969 Santa Vera Drive 971 Santa Vera Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Phillip & D. Gleason Stephanie Pikarski Gerald Oberlander & B. Hayes 955 Santa Vera Drive 957 Santa Vera Drive 959 Santa Vera Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Mary Fischer Colleen Healy Susan Conzet 961 Santa Vera Drive 945 Santa Vera Drive 947 Santa Vera Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 John & M. Linden Larry Zamor Andrew & C. Althauser 949 Santa Vera Drive 951 Santa Vera Drive 933 Santa Vera Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Jeanne Etem Tracey Waldschmidt Constance Cook & 935 Santa Vera Drive 937 Santa Vera Drive Walter Tellegen Chanhassen, MN 55317 Chanhassen, MN 55317 939 Santa Vera Drive Chanhassen, MN 55317 Sandra & Mark Berger Timothy & J. Jones Beth Traver 923 Santa Vera Drive 925 Santa Vera Drive 927 Santa Vera Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Gary Johnson & T. Brigino John & J. Moberg Paula Langer 929 Santa Vera Drive 911 Santa Vera Drive 913 Santa Vera Drive Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Patricia Hauck David & A. Mehl Joanne Seten 915 Santa Vera Drive 917 Santa Vera Drive 7717 Nicholas Way Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Lori Carsik James & B. Lugourki Charles & M. Walker 7719 Nicholas Way 7721 Nicholas Way 7723 Nicholas Way Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Jennifer Peterson Jeffrey & D. Miller Nancy Metcalf 7709 Nicholas Way 7711 Nicholas Way 7713 Nicholas Way Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 David 8c1— Larson Gregory & M. Peterson Elisabeth M. McVicar & 7715 Nicholas Way 7701 Nicholas Way James & E. McVicar Chanhassen, MN 55317 Chanhassen, MN 55317 7703 Nicholas Way Chanhassen, MN 55317 Alan Lee Peter Voar Chad & L. Lea 7705 Nicholas Way 7707 Nicholas Way 7693 Nicholas Way Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Lydia Kiebzak Scott Grebe David & R. Hester 7695 Nicholas Way 7697 Nicholas Way 7699 Nicholas Way Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Joseph Cleveland Brent Carlson Matthew Mesenburg 7685 Nicholas Way 7687 Nicholas Way 7689 Nicholas Way Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 Monica Hanley Gene Haberman/Century Bank ECKANKAR 7691 Nicholas Way 11455 Viking Drive Box 27300 Chanhassen, MN 55317 Eden Prairie, MN 55344 New Hope, MN 55427 Chaihassen HRA TACO BELL BOSTON MARKET 690 Coulter Drive Chanhassen, MN. 55317 RKINS CITY OF . - CIIANBASSEN A `w. .. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Sharmin Al-Jaff, Planner II DATE: May 31, 1996 SUBJ: Zoning Ordinance Amendment to Section 20-1124. Required number of on-site parking spaces, by amending section (1) f., to change the required number of accessible parking spaces within a parking lot to meet Minnesota State Building Code and state law requirements. The current zoning ordinance for on-site parking spaces requires one accessible parking stall be provided for each fifty stalls. The ordinance also states that this number meet Uniform Building Code and state law requirements. The state recently changed the required number of accessible parking spaces from one per fifty to one per twenty five. Therefore, the zoning ordinance needs to be amended accordingly. The Minnesota State Building Code adopts all nationally recognized uniform codes, which includes but is not limited to Uniform Fire Code, Uniform Building Code, Uniform Mechanical Code, etc., and customizes them to meet specific state requirements. Since the Uniform Building Code is part of the Minnesota Building Code and has requirements that are more restrictive than City Ordinances, staff recommends that we only require accessible parking spaces meet the State of Minnesota Building Code and state law requirements,without specifying a number. RECOMMENDATION: Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Zoning Ordinance Amendment to Section 20- 1124. Required number of on-site parking spaces,by amending section(1) f.,to read as follows: Accessible parking spaces shall be in compliance with the Uniform State of Minnesota Building Code and state law. 5. CITY of ,.: . 0 ,. 1,, , , CHANHASSEN .;� 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Sharmin Al-Jaff, Planner II DATE: May 30, 1996 SUBJ: City Code Amendment to Section 18-61. Landscaping and tree preservation requirements, by amending section (a) (50), to clarify location of fences along collector and arterial streets in relation to landscape buffers. Also, a Zoning ordinance amendment to Section 20-1018. Commercial and industrial fences, and Section 20-1019, Location of fences. BACKGROUND Staff has been receiving fence permit applications requesting the installation of fences along collector and arterial roads. The fences are being installed for privacy and safety reasons. Such areas include Audubon Road, the north leg of Highway 101, Powers Boulevard, Lake Lucy Road. etc. The majority of these fences are 6 foot tall and opaque. Home owners are locating them along the property line as permitted by ordinance. This is resulting in a continues, aesthetically unpleasant wall along collector and arterial streets. The Zoning Ordinance requires 6 foot high fences to be located along industrial or commercial t development when it abuts residential property. ORDINANCE AMENDMENT NI The current landscaping and tree preservation ordinance, section 18-61 (a) (5), does not prohibit the installation of fences between landscape buffer areas and collector or arterial streets. Staff is recommending the addition of the language which appears in bold, to remedy this situation for all new developments. 1111 el 1 E44 1 Planning Commission May 30, 1996 Page 2 SECTION 18-61. LANDSCAPING AND TREE PRESERVATION REQUIREMENTS. (5) '`Landscaped buffers around the exterior of the subdivision shall be required by the city when the plat is contiguous with collector or arterial streets as defined in the comprehensive plan and where the plat is adjacent to more intensive land uses. Required buffering shall consist of berms and landscape material consisting of a mix of trees and shrubs and/or tree preservation areas. No fences will be permitted between the required buffer and the collector or arterial street. Where appropriate, the city may require additional lot depth and area on lots containing the buffer so that it can be adequately accommodated and the homes protected from impacts. Lot depths and areas may be increased by twenty five (25) percent over zoning district standards. The landscape plan must be developed with the preliminary and final plat submittals for city approval. Appropriate financial guarantees acceptable to the city shall be required." SECTION 20-1023. HEIGHT, should be amended by adding the following language which will appear in bold: (3) Corner or double fronted lots. In addition to the other provisions contained in this section. fences located on corner or double fronted lots shall be subject to the following provisions: a. Any fence within the required front yard setback shall not exceed three (3) feet in height if opaque construction, or four(4) feet in height if open construction. b. The maximum height of a fence shall conform to the requirements of fences in front yards within the corner site triangle. Two sides of the intersection of the two streets and run a distance of thirty (30) feet back along the lot lines abutting the streets. The third side of the triangle is a straight line joining the end points of the adjacent sides. c. The front shall be determined by the location of the garage except for lots that abut a collector or an arterial street. Such parcels shall be considered double frontage lots with two front yards and must comply with Section 20-1023 (3) a. The proposed amendment will allow collector and arterial streets to reflect a boulevard effect and provide an aesthetically pleasing experience. A second amendment deals with the Zoning Ordinance requirement of 6 foot high fences to be located along industrial or commercial development when it abuts residential property. There are cases when this requirement may not be appropriate, such as the future development of Villages on the Pond, the neighborhood commercial portion within Mission Hills, etc. The buffering between the commercial and residential developments is provided through berms and vegetation. Staff is recommending this section be amended to make the fencing an option and up to the City's discretion. We recommend the addition of the language which will appear in bold. Planning Commission May 30, 1996 Page 3 SECTION 20-1018. COMMERCIAL AND INDUSTRIAL FENCES. Fences for screening or storage purposes installed on property used for commercial or industrial uses may have a maximum height of eight (8) feet. When commercial or industrial uses abut property used or zoned for residential uses,a fence at least six(6) feet in height shall may be placed between the residential and the commercial and industrial property if the City determines that there is a need for a fence. The City may elect to use landscaping consisting of berms and vegetation to provide screening. If a fence is used, said fence must be one hundred (100) percent opaque. Commercial or industrial fences over eight(8)feet shall require a conditional use permit. RECOMMENDATION: Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of subdivision ordinance amendment to Section 18-61 LANDSCAPING AND TREE PRESERVATION REQUIREMENTS to read as follows: (5) "Landscaped buffers around the exterior of the subdivision shall be required by the city when the plat is contiguous with collector or arterial streets as defined in the comprehensive plan and where the plat is adjacent to more intensive land uses. Required buffering shall consist of berms and landscape material consisting of a mix of trees and shrubs and/or tree preservation areas. No fences will be permitted between the required buffer and the collector or arterial street. Where appropriate, the city may require additional lot depth and area on lots containing the buffer so that it can be adequately accommodated and the homes protected from impacts. Lot depths and areas may be increased by twenty five (25) percent over zoning district standards. The landscape plan must be developed with the preliminary and fmal plat submittals for city approval. Appropriate financial guarantees acceptable to the city shall be required." The Planning Commission recommends approval of the zoning ordinance amendment to Section 20-1023. HEIGHT,to read as follows: (3) Corner or double fronted lots. in addition to the other provisions contained this section, fences located on corner or double fronted lots shall be subject to the following provisions: a. Any fence within the required front yard setback shall not exceed three (3) feet in height if opaque construction,or four(4) feet in height if open construction. b. The maximum height of a fence shall conform to the requirements of fences in front yards within the corner site triangle. Two sides of the intersection of the two streets and run a distance of thirty (30) feet back along the lot lines abutting the streets. Planning Commission May 30, 1996 Page 4 The third side of the triangle is a straight line joining the end points of the adjacent sides. c. The front shall be determined by the location of the garage except for lots that abut a collector or an arterial street. Such parcels shall be considered double frontage lots with two front yards and must comply with Section 20-1023(3)a. The proposed amendment will allow collector and arterial streets to reflect a boulevard effect and provide an aesthetically pleasing experience. A second amendment deals with the Zoning Ordinance requirement of 6 foot high fences to be located along industrial or commercial development when it abuts residential property. There are cases when this requirement may not be appropriate, such as the future development of Villages on the Pond, the neighborhood commercial portion within Mission Hills, etc. The buffering between the commercial and residential developments is provided through berms and vegetation. Staff is recommending this section be amended to make the fencing an option and up to the City's discretion. We recommend the addition of the language which will appear in bold. The Planning Commission recommends approval of the zoning ordinance amendment to Section 20-1018. COMMERCIAL AND INDUSTRIAL FENCES,to read as follows: SECTION 20-1018. COMMERCIAL AND INDUSTRIAL FENCES. Fences for screening or storage purposes installed on property used for commercial or industrial uses may have a maximum height of eight (8) feet. When commercial or industrial uses abut property used or zoned for residential uses, a fence at least six(6)feet in height shall-may be placed between the residential and the commercial and industrial property if the City determines that there is a need for a fence. The City may elect to use landscaping consisting of berms and vegetation to provide screening. If a fence is used, said fence must be one hundred (100) percent opaque. Commercial or industrial fences over eight(8)feet shall require a conditional use permit. CITY of i�. CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Todd Gerhardt,Asst. City Manage DATE: June 12, 1996 SUBJ: Consider Approval of Creating a New Tax Increment Financing Plan No.5-1 and Development District No. 5 The City Council at their May 6, 1996 meeting authorized staff to hold a public hearing for June 24, 1996 to consider establishing a new tax increment financing district. The purpose of this district is to assist a residential development in reducing the price of owner-occupied homes so as to be affordable under the Metropolitan Livable Communities Act(LCA). In order to accomplish this objective, the City of Chanhassen would have to incur some of the costs and expense to reduce the capital and administrative costs of the proposed development in order to meet the LCA. The Met Council's definition of affordable are those occupied units under$115,000. Under this plan the city would be providing assistance to 35 of the 76 units within the Rottlund development. Staff is proposing 18 units to be designated for first time home buyers with a price range of$88,000 to $95,000 and combined net income of not more than$43,000. The remaining 17 units would have a price range of$105,000 to $115,000 and a combined income of not more than $54,600. All of the units would also have a recapture policy where the home owner will only receive the annual Consumer Price Index, 10 year limitation, plus realtor costs on the resale of the property. The Planning commission's role is to review the proposed program and the plan(see Attachment#1) • consistent with the city's plans for development of the community as a whole. Both the City Council and the Planning Commission have agreed to participate in the Livable Communities Act and one of the goals is to create more affordable housing under$115,000. Under this program and plan the city would be creating 35 new homes under the $115,000 benchmark as established in the Livable Communities Act. Planning Commission June 12, 1996 Page 2 RECOMMENDATION If the Planning Commission should find the program for Development District No. 5 and the Plan for Tax Increment Financing District No. 5-1 consistent with the plans for development of Chanhassen, the commission should approve the resolution(Attachment#3)and direct staff to hold a public hearing. ATTACHMENTS 1. Development District Program 2. TIF District Map. 3. Resolution. DEVELOPMENT DISTRICT PROGRAM, DEVELOPMENT DISTRICT NO. 5 AND TAX INCREMENT FINANCING PLAN, TAX INCREMENT FINANCING DISTRICT NO. 5-1 CITY OF CHANHASSEN June 24, 1996 This document drafted by: KENNEDY & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 RHB10S171 CH130-59 / / TABLE OF CONTENTS Pare SECTION I. DEVELOPMENT DISTRICT PROGRAM FOR DEVELOPMENT DISTRICT NO. 5 Subsection A. Definitions 1 Subsection B. Statutory Authority 2 Subsection C. Statement of Public Purpose 2 Subsection D. Statement of Objectives 2 Subsection E. Environmental Controls 3 Subsection F. Open Space to be Created 3 Subsection G. Public Facilities to be Constructed 3 Subsection H. Proposed Reuse of Property 3 Subsection I. Development District Financing 3 Subsection J. Relocation 3 Subsection K. Administration of Development District 3 Subsection L. Map of Development District 4 SECTION II. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 5-1 Subsection A. Statutory Authority 5 Subsection B. Statement of Objectives 5 Subsection C. Statement of Public Purpose 5 Subsection D. Development District Program 6 Subsection E. Description of TIF District 6 Subsection F. Development District Contracts 6 Subsection G. Classification of TIF District 6 Subsection H. Modification of TIF Plan 6 Subsection I. Use of Tax Increment 6 Subsection J. Excess Tax Increment 6 Subsection K. Limitation on Increment 7 Subsection L. Limitation on Administrative Expenses 7 Subsection M. Limitation on Boundary Changes 7 Subsection N. Relocation 7 Subsection O. Parcels to be Acquired within TIF District 8 Subsection P. TIF Account 8 Subsection Q. Estimate of Project Costs 8 Subsection R. Estimate of Bonded Indebtedness 8 Subsection S. Original Tax Capacity and Tax Increment 8 Subsection T. Duration of the TIF District 8 Subsection U. Estimate of Captured Tax Capacity 8 Subsection V. Estimated of Impact on Other Taxing Jurisdiction 9 Subsection W. Annual Reports 9 RHB105171 CH130-59 (0 SECTION I. DEVELOPMENT DISTRICT PROGRAM FOR DEVELOPMENT DISTRICT NO. 5 A. Definitions For the purposes of the Development District Program for Development District No. 5 and the Tax Increment Financing Plan for Tax Increment Financing District No. 5-1, the following terms shall have the meanings specified below, unless the context otherwise requires: "Administrative expenses" means all expenditures of the City other than amounts paid for the purchase of land or amounts paid to contractors or others providing materials and services, including architectural and engineering services,directly connected with the physical development of real property in the District, relocation benefits paid to or services provided for persons residing or businesses located in the District, or amounts used to pay interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178 of the TIF Act. Administrative expenses includes amounts paid for services provided by bond counsel, fiscal consultants and planning or economic development consultants; "City" means the City of Chanhassen, a municipal corporation under the laws of Minnesota; "City Council" or "Council" means the Chanhassen City Council; "City Development District Act" or "Act" means Minnesota Statutes, sections 469.124 through 469.134, as amended; "Comprehensive Plan" means the City's objectives, policies, standards and programs to guide public and private land use, development, redevelopment and preservation for all lands and water within the City; "County" means Carver County, Minnesota; "Development District" or "District" means Development District No. 5 in which Tax Increment Financing District No. 5-1 will be located; "Development District Program" or "Program" means the Program for Development District No. 5, which will be adopted by the Authority on June 24, 1996; "Metropolitan Livable Communities Act" or "MLC Act" means Minnesota Statutes, sections 473.25 et m. "State" means the State of Minnesota; "Tax Increment Bonds" means any general obligation or revenue tax increment bonds issued by the City to finance the public costs associated with Development District No. 5 as stated in the Program or in the Plan for TIF District No. 5-1 or any obligations issued to refund any Tax Increment Bonds; "Tax Increment Financing Act" or "TIF Act" means Minnesota Statutes, sections 469.174 through 469.179, as amended; "Tax Increment Financing District" or "TIF District" means Tax Increment Financing District No. 5-1, which is being created and established within Development District No. 5 pursuant to the TIF Act; and RHB105171 CH130-59 1 "Tax Increment Financing Plan" or "Plan" means the Plan for TIF District No. 5-1, which will be adopted by the City on June 24, 1996. B. Statutory Authority The City has determined that it is necessary, desirable and in the public interest to establish Development District No. 5, pursuant to the provisions of the Act. The City has also determined that the funding of the necessary activities and improvements in Development District No. 5 shall be accomplished in part or in whole through tax increment financing in accordance with the TIF Act. C. Statement of Public Purpose It is found that there is a need for the City to offer assistance to a residential development proposed to be constructed within the City. If the project is built pursuant to City assistance, the effect will be to increase employment opportunities, improve the tax base and improve the general economy of Chanhassen and the State. The specific public purpose of Development District No. 5 is to foster development of the residential project for low and moderate income housing. In order to accomplish this purpose, the City intends to incur those costs and expenses specified in the Plan for TIF District No. 5-1. In choosing to support the project, the City is attempting to meet its obligations towards affordable housing, as articulated in the MLC Act. D. Statement of Objectives The Authority seeks to achieve the following objectives through the Development District Program: 1. promote and secure the prompt development of property in Development District No. 5 in a manner consistent with the Comprehensive Plan and with minimal adverse impact on the environment, which property is currently less productive because of the lack of proper utilization and lack of investment, thus promoting and securing the development of other land in Chanhassen; 2. encourage additional employment opportunities within Development District No. 5 and Chanhassen for residents of the community and the surrounding area, thereby improving living standards and preventing unemployment and the loss of skilled labor and other human resources in the area; 3. secure the increase of property subject to taxation by the City, County, the school district and other taxing jurisdictions in order to better enable such entities to pay for public improvements and governmental services and programs required to be provided by them; 4. secure housing within the City which is affordable to persons of low and moderate income, which housing is unlikely to be available without public assistance on the private market; 5. promote the concentration of appropriate residential uses and related development within Development District No. 5 in order to maintain the area in a manner compatible with its highest and best use; and 6. encourage development within the District which is aesthetically pleasing and which creates a positive visual image of the community. RHB105171 CH130-59 2 E. Environmental Controls It is not anticipated that any development within the Development District will present major environmental concerns. Lands within Development District No. 5 contain wetlands and some are within the shoreland zone of Lake Riley. The City will require that the developer comply with all statutes,regulations and ordinances when developing any land within the District. All public improvements and private development will be constructed and carried out in compliance with applicable environmental standards. F. Open Space to be Created Any open space within the Development District will be created in accordance with the development controls of the City and will be adequate for the needs of the residents of the community as well as those who work in or visit the Development District. G. Public Facilities to be Constructed All public facilities constructed within the Development District will be financially feasible and compatible with the City's Comprehensive Plan. H. Proposed Reuse of Property The City may acquire property within Development District No. 5 in order to resell the land to a developer at a reduced price. Property within the Development District will be reused in accordance with the City's ordinances and Comprehensive Plan as well as with this Program and the Plan for TIF District No. 5-1. No property will be acquired or sold by the City without entering into an agreement with the developer regarding the specific reuse of the land. I. Development District Financing Within Development District No. 5, the Authority will establish TIF District No. 5-1 to finance the cost of development activities. Project costs for TIF District No. 5-1 will be met at least in part through pledged increment. Details of project cost are contained in the TIF Plan which follows this Program. J. Relocation Although no relocation is anticipated in connection with any project within Development District No. 5, the City accepts its responsibility for providing for relocation pursuant to section 469.133 of the Act. If relocation is necessary, provision will be made in accordance with Minnesota Statutes, sections 117.50 through 117.56, as amended. K. Administration of Development District Maintenance and operation of the public improvements is the responsibility of the administrator of Development District No. 5. The administrator will be appointed by the city council. Each year the administrator will submit to the City the maintenance and operation budget for the following year. The administrator will administer the Development District pursuant to the provisions of section 469.131 of the Act provided, however, that such powers may only be exercised at the direction of the City. No action taken by the administrator shall be effective without authorization by the City. The City has not and does not anticipate the need to create an advisory board to advise it on the planning, construction or implementation of the activities and improvements outlined in the Development Program. RHB105171 CH130-59 3 L. Map of Development District A map of Chanhassen which shows the area to be included within Development District No. 5 is attached hereto as Exhibit A. A map of the boundaries of Development District No. 5 and of TIF District No. 5-1 is attached hereto as Exhibit B and is incorporated herein by reference. RHB105171 CH130-59 4 SECTION II. TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 5-1. A. Statutory Authority. Pursuant to section 469.175, subd. 4 of the TIF Act, the City is authorized to establish tax increment financing districts to facilitate and provide financing for the development objectives articulated in the Development District Program. The Authority intends to establish and operate TIF District No. 5-1 pursuant to the Act and TIF Act. The Plan for TIF District No. 5-1 is consistent with the City's plans and objectives as outlined in the Program for Development District No. 5. B. Statement of Objectives. The Authority seeks to achieve the following objectives through the establishment of TIF District No. 5-1; 1. encourage affordable residential development in an area of the community which has not been utilized to its full potential; 2. improve the tax base of Chanhassen and the general economy of the City and State; 3. provide employment opportunities within the community; and 4. implement relevant portions of the Comprehensive Plan. The City's specific purpose in establishing TIF District No. 5-1 is to promote the development of a residential project proposed to contain 76 owner-occupied townhomes near Lake Riley. Thirty-five of the units will be priced at a level to make them affordable under the MLC Act's guidelines. Housing which meets this definition cannot be provided by the private market in cities like Chanhassen without public assistance. The City wishes to provide the assistance necessary to allow the units to be sold to income-qualified buyers. The City intends to utilize tax increment to write down the cost of land and pay for certain public improvements in order to achieve the necessary price level. Without public assistance, the development could not be built with affordable housing and the goals and objectives of the MLC Act could not be accomplished. C. Statement of Public Purpose. In adopting the Plan for TIF District No. 5-1, the Authority will make the following findings: 1. Anticipated affordable residential housing would not reasonably be expected to occur within Development District No. 5 solely through private investment within the reasonably foreseeable future and, therefore, the use of TIF is deemed necessary; 2. The TIF Plan will afford maximum opportunity, consistent with the sound needs of the community as a whole, for development of the District by private enterprise; 3. The TIF Plan conforms to general plans for development of Chanhassen as a whole as articulated in the Comprehensive Plan; 4. The increased market value of the property that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increment for 25 years; and 5. The area included within TIF District No. 5-1 qualifies as a housing TIF district within the meaning of the TIF Act. RHB105171 CH130-59 5 The conclusions to be reached by the City regarding the above are based upon the recommendations of city staff and consultants after analysis of the financial feasibility of the project, the conclusions of the planning and zoning board after review of the Comprehensive Plan as well as the familiarity of members of the City Council with the property involved and the likelihood that the property will develop within the reasonably foreseeable future solely through private efforts. With specific reference to finding no. 4 above, the City will conclude that no affordable housing could reasonably be expected to be developed within the reasonably foreseeable future within the District. In that event, no increase in market value could be expected to occur and any increase in market value associated with the assisted project, even discounted by the present value of the stream of increment used to assist the developer, is greater than zero. This analysis is based on comparisons of similar projects, i.e., affordable housing. The analysis fails if it is assumed that market rate housing or another use would have been built instead. In that case, affordable housing could never be justified under these terms. The City believes this is not the intent of the TIF Act and, instead, has conducted its analysis according to the above assumptions. D. Development District Program. The City intends to adopt a Program for Development District No. 5 on June 24, 1996, at the same time as the establishment of TIF District No. 5-1. The plan for development of Chanhassen outlined in the Program will continue to provide the basis of the City's efforts to develop portions of the community which have not and remain unlikely to be developed solely through private efforts. The Plan for TIF District No. 5-1 is consistent with the Program for Development District No. 5. E. Description of TIF District. The legal descriptions of the parcels within TIF District No. 5-1 are included as Exhibit C. A map of the boundaries of TIF District No. 5-1 is attached hereto as Exhibit B. Exhibits B and C are incorporated herein by reference. F. Development District Contracts. The City has not yet entered into a development contract with regard to the development of any property within TIF District No. 5-1. The City anticipates entering into such an agreement with Rottlund Homes during the third quarter of 1996 for the affordable housing project. Contracts regarding additional property with TIF District No. 5-1 will be entered into in accordance with section 469.176, subd. 5 of the TIF Act. All contracts will be approved by the City prior to becoming effective. G. Classification of TIF District. TIF District No. 5-1 qualifies as a housing TIF district, pursuant to section 469.174, subd. 11 of the TIF Act. H. Modification of TIF Plan. The Plan for TIF District No. 5-1 may be modified by the City, provided that any enlargement of the geographic area of the TIF District, increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest on the debt if that determination was not a part of the original Plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase in the portion of the captured tax capacity to be retained by the City, increase in total estimated tax increment expenditures or designation of additional property to be acquired by the City shall be approved upon the notice and after such discussion, public hearing and findings as required for approval of the original Plan. I. Use of Tax Increment. Pursuant to section 469.176, subd. 4 of the TIF Act, all revenues derived from TIF District No. 5-1 shall be used in accordance with the TIF Plan. The revenues shall be used to finance or otherwise pay the capital and administrative costs of development activities within the District as identified in the Program and Plan. J. Excess Tax Increment. Pursuant to section 469.176, subd. 2 of the TIF Act, in any year in which increment exceeds the amount necessary to pay the costs authorized by the TIF RHB105171 CH130-59 6 Plan, the City shall use the excess amount to do any of the following, in the order determined by the City: 1. prepay the outstanding bonds or other obligations; 2. discharge the pledge of tax increment therefor; 3. pay into an escrow account dedicated to the payment of bonds or other obligations; or 4. return the excess amount to the Carver County auditor who shall distribute the excess amount to the City, the County and the school district in direct proportion to their respective tax capacity rates. The City may also choose to modify the TIF Plan in order to provide for other public improvements within the District. K. Limitation on Increment. 1. No increment shall be paid to the City from TIF District No. 5-1 after three years from the date of certification of the original tax capacity of the property in the TIF district by the county auditor unless within the three year period (a) bonds have been issued pursuant to section 469.178 of the TIF Act, or (b) the City has acquired property within TIF District No. 5-1, or (c) the City has constructed or caused to be constructed public improvements within TIF District No. 5-1. 2. If, after four years from the date of certification of the original tax capacity of TIF District No. 5-1, no demolition, rehabilitation, or renovation of property or other site preparation, including qualified improvement of a street or right-of-way adjacent to a parcel but not installation of underground utility service, including sewer or water systems, have been commenced on a parcel located within TIF District No. 5-1 by the City, or by the owner of the parcel in accordance with the TIF Plan, no additional increment may be taken from that parcel, and the original tax capacity of that parcel shall be excluded from the original tax capacity of the TIF District. If one of these activities subsequently commences, the City shall so certify to the county auditor, and the tax capacity of the property as most recently certified by the commissioner of revenue may be added to the TIF District. 3. No tax increment shall in any event be paid to the City from TIF District No. 5-1 after 25 years from the date of receipt by the City of the first increment. L. Limitation on Administrative Expenses. Pursuant to section 469.176, subd. 3 of the TIF Act, administrative expenses are limited to 10 percent of the total tax increment expenditures budgeted or actually incurred, whichever is less. Each time the City increases the budget of TIF District No. 5-1, the amount of increment allocated to administrative costs may be increased as long as the total of administrative expenditures does not exceed 10 percent of the total budget of the TIF District. M. Limitation on Boundary Changes. The geographic area of TIF District No. 5-1 may be reduced, but cannot be enlarged after five years following the date of certification of the original tax capacity by the Carver county auditor. N. Relocation. Although no relocation is anticipated, the City accepts as binding its obligations under state law regarding relocation benefits and, if necessary, will administer relocation services for families, individuals and businesses displaced by public action. RHB105171 CH130-59 7 O. Parcels to Be Acquired Within the TIF District. It is anticipated that a majority of the property within the TIF District may be acquired by the City. If property is acquired by the City, the City will resell it to Rottlund Homes at a reduced cost. No property will be acquired by the City or resold to a developer until a development agreement has been signed by the parties. P. TIF Account. The tax increment received with respect to the TIF District No. 5-1 shall be segregated by the City in a special account on its official books and records. Q. Estimate of Protect Costs. The following costs are authorized for expenditure within TIF District No. 5-1: Housing Project Costs, including land acquisition and site preparation reimbursement $ 400,000 Special Assessment Assumption for roadway and public utilities 350,000 Administrative Costs 75,000 TOTAL $ 825,000 R. Estimate of Bonded Indebtedness. The City does not intend to sell its general obligation bonds to pay for the items budgeted in this Plan. The City will finance the costs of public improvements through special assessments which will be assumed by the City. Pay-as- you-go financing will be utilized to reimburse the developer for site preparation and land costs. The City may use a revenue note in financing with the developer. S. Original Tax Capacity and Tax Increment. Pursuant to section 469.177, subd. 1 of the TIF Act, the original tax capacity for TIF District No. 5-1 is$7,166. Each year the Carver county auditor will measure the increase or decrease in the total tax capacity of property in the TIF district. Any year in which the tax capacity of TIF District No. 5-1 exceeds $7,166, an increment will be payable to the Authority. Any year in which the tax capacity is below $7,166, no value will be captured and no increment will be payable to the Authority. Each year after the certification of the original tax capacity, the county auditor will increase or decrease the original tax capacity of property within TIF District No. 5-1 as a result of: 1. change in the tax exempt status of the property; 2. reduction or enlargement of the geographic boundaries of the TIF District; or 3. reduction of valuation by means of a court-ordered abatement, stipulation agreement, voluntary abatement made by the assessor or auditor or by order of the Minnesota commissioner of revenue. T. Duration of the TIF District. In accordance with section 469.176, subd. 1 of the TIF Act, the Authority wishes to retain its right to receive TIF payments until 25 years from the date of the receipt of the first increment. U. Estimate of Captured Tax Capacity. Pursuant to sections 469.175, subd. 1 and 469.177, subd. 2 of the TIF Act, the estimated net captured tax capacity of TIF District No. 5-1 RHB105171 CH130-59 8 will be $60,481 after January 2, 1998 for taxes payable in 1999, when the housing project has been completed. A smaller increment may be paid in the prior year. The captured tax capacity was estimated in the following manner: Tax Capacity on January 2, 1998 $67,647 Original Tax Capacity - 7,166 Captured Tax Capacity $60,481 Pursuant to section 469.177, subd. 2 of the TIF Act, it is found and declared that all of the captured tax capacity generated by TIF District No. 5-1 is necessary to finance or otherwise make permissible expenditures authorized by section 469.176, subd. 4 of the TIF Act. V. Estimated of Impact on Other Taxing Jurisdiction. In is anticipated that up to $90,300 in increment will be captured annually within TIF District No. 5-1. This increment amount is based on the value of the development on January 2, 1998 for taxes payable in 1999. For the purposes of estimating increment during the life of TIF District No. 5-1, no inflation has been assumed in the value of the new development. The composite tax capacity rate for the affected property is currently 149.1763 percent. Applying the percentage of the total tax capacity rate attributable to each taxing jurisdiction to the annual increment of$90,300 reveals the annual "loss" of tax dollars by each jurisdiction if the projects would have occurred without TIF. Although the City believes the actual impact on other taxing jurisdictions is zero because development would not have occurred within the reasonably foreseeable future without public intervention, the assumed amount of tax dollars foregone by each jurisdiction is listed below: Tax Increment Attributable to Various Taxing Jurisdictions Tax 9c of Total Capacity Tax Est. Tax Taxing Jurisdiction Rate Capacity Loss ($) City of Chanhassen 25.018 16.7 15,106 Carver County 47.321 31.6 28,572 Independent School District No. 112 71.201 47.6 42,991 Other 6.011 4.1 3,631 TOTAL 149.551 100.0 $ 90,300 W. Annual Reports. Pursuant to section 469.175, subd. 6 of the TIF Act, the City must file a financial report by July 1 each year regarding TIF District No. 5-1. The report shall be filed with the school board, the county board and the state auditor. The report to be filed by the City shall be in accordance with the form specified by the state auditor and shall include the following information: 1. the original tax capacity of TIF District No. 5-1; 2. the captured tax capacity of TIF District No. 5-1, including the amount of any captured tax capacity shared with other taxing districts; 3. for the reporting period and for the duration of TIF District No. 5-1, the amount budgeted under the modified TIF Plan and the actual amount expended for, at least, the following categories: (a) acquisition of land and buildings through condemnation or purchase; RHB105171 CH130-59 9 (b) site improvement or preparation costs; (c) installation of public utilities, parking facilities, streets, roads, sidewalks or other similar public improvements; (d) administrative costs, including the allocated cost of the City; (e) public park facilities,facilities for social,recreational,or conference purposes, or other similar public improvements; 4. for properties sold to developers, the total cost of the property to the City and the price paid by the developer; and 5. the amount of increment rebated or paid to developers or property owners for privately financed improvements or other qualifying costs. Pursuant to section 469.175, subd. 6a of the TIF Act, by July 1 each year the City must report annually to the state auditor the following amounts for the entire municipality: 1. the total principal amount of nondefeased tax increment financing bonds that are outstanding at the end of the previous calendar year; and 2. the total annual amount of principal and interest payment that are due for the current calendar year on (i) general obligation tax increment financing bonds, and (ii) other tax increment financing bonds. The City must also annually report to the state auditor the following amounts for each tax increment financing district, including TIF District No. 5-1: 1. the type of district, whether economic development, redevelopment, housing, soils condition, mined underground space, or hazardous substance site; 2. the date on which the district is required to be decertified; 3. the amount of any payments and the value of in-kind benefits, such as physical improvements and the use of building space, that are financed with revenues received from increments and are provided to another governmental unit (other than the municipality) during the preceding calendar year; 4. the tax increment revenues for taxes payable in the current calendar year, 5. whether the tax increment financing plan or other governing document permits increment revenues to be expended (i) to pay bonds, the proceeds of which were or may be expended on activities located outside of the district, (ii) for deposit into a common fund from which money may be expended on activities located outside of the district, or (iii) to otherwise finance activities located outside of the tax increment financing district; and 6. any additional information that the state auditor may require. The City must file a report regarding the status of TIF District No. 5-1 by July 1 each year. The report must be sent to the county board, county auditor, school board and state auditor. The report must include the information required by section 469.175, subd. 5 of the TIF Act in the form prescribed by the Minnesota commission of revenue. The report must also be published in a newspaper of general circulation in the community. RHB105171 CH130-59 10 EXHIBIT A '1' I GREMENT FINANCING PLAN ._.t of:! IF Fo Develo mDistrict - • p �r�t 5 1 ~� asiirr • ' jevelopme�nt District #5 �- 4 1 1C It. 401 1 ,... 1111 0i.--'1"-!':',11jtya4)IP,v.- . /P44 . 1 )7.;:4;.•;:'it-,14:: • / �j�ti..�:f re, . - I :� 1,1"7:••;i,-� '• •&if =j i LAAf MNSAM ''11��'- , IC id des tp? �1.. ',? ' 1 �- ���A4. R1et ROI. , . . . . _LA4 , ..� .1 :....,..„,...tle .___, ,,..r;.�... ��1. rr� . • .• , ''-' �H r, .�Y'•LJ . ha I1I"� NI . 1 41'\1 a .„. ,,,,,, . ....7 a .,, ,,t; 4, .lb.1i �rt,JIIPVL47r / dAN1 ;. .. 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S 1 , „, ___ CITY OF CHANHASSEN CHANHASSEN PLANNING COMMISSION RESOLUTION Date Resolution No. Motion By Seconded By RESOLUTION DECLARING THE PROGRAM FOR DEVELOPMENT DISTRICT NO. 5 AND THE PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 5-1 CONSISTENT WITH THE PLANS FOR DEVELOPMENT OF CHANHASSEN AS A WHOLE WHEREAS, the city council of the city of Chanhassen (the "City") has authorized preparation of a program (the "Program") for Development District No. 5 (the "Project") and a plan (the "Plan") for Tax Increment Financing District No. 5-1 ("TIF District No. 5-1"); and WHEREAS,the Program and the Plan are contained in a document entitled "Development District Program, Development District No. 5 and Tax Increment Financing Plan, Tax Increment Financing District No. 5-1, City of Chanhassen, Minnesota", dated June 24, 1996, which is on file at the city hall; and WHEREAS, the planning commission has reviewed the Program and the Plan and has compared them to the plans for development of Chanhassen as a whole. NOW, THEREFORE, BE IT RESOLVED By the Planning Commission of the City of Chanhassen, Minnesota as follows: 1. The Program and the Plan are hereby found to be consistent with the City's plans for development of the community as a whole. 2. The City is urged to hold the public hearing on the Program and Plan required by law and to adopt same as soon as possible. Passed this day of , 1996, by the Planning Commission of the City of Chanhassen, Minnesota. Chairperson ATTEST: Secretary RHB105792 CH130-59 4!i CHANHASSEN PLANNING COMMISSION REGULAR MEETING JUNE 5, 1996 Vice Chairman Peterson called the meeting to order at 7:05 p.m. MEMBERS PRESENT: Craig Peterson, Don Mehl, Bob Skubic, Kevin Joyce, and Ladd Conrad MEMBERS ABSENT: Nancy Mancino and Jeff Farmakes STAFF PRESENT: Kate Aanenson, Planning Director; Bob Generous, Senior Planner; Dave Hempel, Assistant City Engineer; and Phillip Elkin, Water Resource Coordinator PUBLIC HEARING: WETLAND ALTERATION PERMIT FOR A PROPOSED PROJECT TO FILL A 0.037 ACRE TYPE 1/2 AG/URBAN WETLANDS AND MITIGATE BY CREATING 0.07 ACRE OF TYPE 1/2 WETLAND. THIS WORK WOULD BE DONE AS PART OF THE PROPOSED KNOB HILL DEVELOPMENT ALONG YOSEMITE, ACROSS FROM CREEK RUN TRAIL, METRO AREA PROPERTIES, INC. Public Present: Name Address Joe Knoblauch 13017 Maywood Lane John Knoblauch 16921 Weston Bay Road, Eden Prairie Clayton Emmer 6321 Yosemite Avenue Phillip Elkin presented the staff report on this item. Peterson: Any questions for the staff? Mehl: I have one. By adding to, let's say the eastern end of that. It's not, in high water times it's not going to encroach in on back yards or properties? Elkin: No. The homes are meeting the minimum buildable site. 2 feet above the high water mark and what will happen at a 100 year event, it would overflow into the wetlands and go underneath it. Go across the street there and into the natural waterways along this way up north so the homes would be protected under 100 year flood. Mehl: Okay. • 1 Planning Commission Meeting - June 5, 1996 Peterson: For my own edification, give me some sense of how you expand the edges. Just bring the, do they bring in a backhoe and bring it down to a level. Elkin: I think what they would do in this case is probably bring a dozer in and just level it into the same elevation as the existing wetland. This wetland is somewhat of a degraded wetland. From the area it has been farmed and there's like some corn stalks in it so it's an ag/urban wetland. A condition of approval, we could also have him clean out and improve the conditions of the wetland. That would be something we could recommend also. Improving the quality of the wetland. Peterson: Is it reasonable from a cost perspective? Elkin: Well it's just a matter of grading out. Taking the vegetation and stripping the vegetation off the top and grading out certain square footages and removing the undesirable vegetation so there would be some cost to the developer. I'm not sure if we can, you know he is mitigating so I don't know if we can ask him to do that also but. Peterson: This would be the reasonable time to ask. Elkin: Sure. Other questions of staff? Does the applicant or their designee wish to address the commission? John Knoblauch: No I don't. Peterson: We want a motion to open the meeting for a public hearing. Skubic moved, Joyce seconded to open the public healing. The public heating was opened. Peterson: We're now open for a public hearing. Anybody wishing to address the Planning Commission may come forward and do so. If you would state your name and your address first please. Anyone wishing to address? Do I have a motion to close the public hearing? Joyce moved, Mehl seconded to close the public hearing. The public hearing was closed. Peterson: Any other discussion? Don, comments. Mehl: It looks to me like a reasonable solution to the problem. I personally don't see a problem with it. I would support staffs recommendation. Peterson: Thank you. Bob. 2 Planning Commission Meeting - June 5, 1996 Skubic: I would support the staffs proposal and recommendation. Joyce: Pretty straight forward. I'd support it too. Peterson: Ladd. Conrad: Nothing new to add. Peterson: And I concur. With that, do I hear a motion? Mehl: I'll make a motion that the Planning Commission recommend to the City Council that they approve the Wetland Alteration Permit #96-3 for the proposed Knob Hill development subject to the three conditions in the staff report. Peterson: Is there a second? Skubic: I'll second it. Peterson: It's been moved and seconded. Any further discussion? Mehl moved, Skubic seconded that the Planning Commission recommend to approve Wetland Alteration Permit #96-3 for the proposed Knob Hill development subject to the following conditions: 1. Wetland Conservation Act and the City of Chanhassen Surface Water Management Plan requirements. 2. General Permit 17 under the Army Corps of Engineers is applicable and should be completed by the applicant. 3. The applicant shall develop a sediment and erosion control plan in accordance with the City's Best Management Practice Handbook. Type III erosion control fencing will be required around the existing wetland. All voted in favor and the motion carried. 3 Planning Commission Meeting - June 5, 1996 PUBLIC HEARING: CONCEPTUAL AND PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL FOR A MEDIUM DENSITY RESIDENTIAL DEVELOPMENT ON 7.03 ACRES LOCATED SOUTH OF COULTER BOULEVARD, AND EAST OF STONE CREEK DRIVE EXTENSION, REZONING OF PROPERTY FROM A2, AGRICULTURAL ESTATE TO PUD-4, PRELIMINARY PLAT OF 26 LOTS, 1 OUTLOT AND ASSOCIATED RIGHT- OF-WAY, SITE PLAN APPROVAL FOR 25 TOWNHOME UNITS AND A CONDITION USE PERMIT FOR EXCAVATION AND FILLING WITHIN THE FLOOD PLAIN, TOWNHOMES AT CREEKSIDE, HERITAGE DEVELOPMENT. Public Present Name Address Richard Frasch 8000 Acorn Lane John Dobbs 645 5th Avenue Bob Generous presented the staff report on this item. Peterson: Questions of staff. I have one Bob. If you could just talk through a little bit on issue number 1 with the addition of environmental features to be achieved through mixing of unit types. Walk me through a little bit better idea of what you mean by that. Is it wider units and not as long but? Generous: Well, all these units are basically, I can't remember the dimensions. They are narrow and long, which has made them a little squaterly. They might fit in a little bit better and give you bigger setbacks. Another idea is to single... Put the roadway on one side and all the units on the other. So there are alternate designs that we might be able to work with and that way we create a, potentially a better view corridor here and the fronts of these units looking out over to this larger expanse of wetland area. That is something that we don't have. We have tried something similar to that as a part of the Creekside Addition. It just didn't work out but it creates more of a public space and Bluff Creek and the storm water pond that they're creating. Could also build two level units where you have a lower and an upper. There's a potential that since he is at the low end of the density, he could get an additional density to make it work financially for this project to go forward. Peterson: So you're not necessarily saying changing every unit but more of a mix. Having some longer, some multi-level. Generous: Yes. Fit it into the site a little better. 4 Planning Commission Meeting - June 5, 1996 Peterson: Other questions for staff? Is the applicant or their designee wish to address the commission? If you would state your name and address please. John Dobbs: My name is John Dobbs with Heritage Development Company, 645 5th Avenue... I was here with the Creekside project and there were a number of ideas kicked around about how to, an alternative type of neighborhood that Bob mentioned be worked out. What we've tried to do with this one is, there were a number of issues that came up for a 7 acre parcel as we moved through, and I was at Park and Rec the other night and I actually asked to get tabled so some of those issues could be worked out. In particular which side of the creek the west/east branch... The price point of the Creekside subdivision is essentially $280,000.00 and up for single family homes so what we did intentionally was we tried to set up trying to build our end product that would make a higher density but price point was applicable to what was going on to the south, which is the Creekside Subdivision... So what we did...and as you read this, you read the staff report and I think everybody...It's a very nice building and it has the potential to be two streets, 40 units. The problem with a private drive versus going public, Ken Adolf from Schoell and Madsen is our engineer and he talked about that a little bit but I guess what we did is we intentionally set off to have a little bigger unit that was a little bit more...trying to fit something that would fit something that would fit in to what was going on inside and also was going on in terms of the prices_._the 50 foot setback from the creek exists as code now. We are 100 feet back from the center line of the creek. Todd Hoffman and I, the Park and Rec, and there's a letter that he wrote to me and I would imagine when we come back you will see there is...50 feet from the center line of the creek over to the... The problem with, that I have with the comments made by Mr. Generous is that there's also an issue about the financial aspects associated with the project. The road that runs north/south, Stone Creek Drive is going to be put in and funded entirely by this 25 unit project. We're also going to end up being assessed for Coulter Boulevard, which is going through. Those two numbers together are going to be fairly large for a 25 unit project. So doing a one sided road or those are the kind of ideas, all design wise and aesthetically would be very nice. Plus an economic reality about whether this project can actually financially sustain so there are some real...economic issues and on one side, we already have the one side of the street here. Just to get up to Coulter Boulevard and then there would be the assessment for how Coulter Boulevard comes through. This way...so there are some real issues associated with that so it's... I'd be happy to answer any questions and maybe Ken can speak to those right-of-way issues for a public road versus a private. Ken Adolf: Mr. Chair, members of the commission. I'm Ken Adolf with Schoell and Madson. We're the consulting engineers and planners to the applicant. This is going to be the site plan that was submitted with the application on which in red we've shown the setbacks. We've got the 100 foot setback from the creek. The main branch of the creek is actually down here and there's a storm water basin that's been constructed on the north side of 5 Planning Commission Meeting - June 5, 1996 that. So that's, that would be expanded to also service this development. So this indicates, what's shown on there is what would be the flood elevation of that storm water basin. In addition to what's shown here in red, there's a relatively significant change in elevation from the water elevation in the storm water basin up to where the units would be and then there's elevation change continues on up to the proposed elevation for Coulter Boulevard so the street needs to, and the units need to kind of fit in. I've got some elevation inbetween Coulter Boulevard and the existing pond creek. You can see that the site is fairly constrained here in the north/south direction and that was really the reason that we went with the private driveway because it allows the units to be pulled closer together as compared to a public street with a 60 foot wide right-of-way, which was recommended in the staff report and there's front setback requirements from there which has a tendency to really push the units apart to a point that it almost ends up being a single loaded street. This also shows his street connection 300 feet south of Coulter which again pushes it south more so there really isn't enough space on the south side of the street to put anything in there. So that's just kind of a sketch to indicate what the additional constraints that result from a public street with the resulting front yard setbacks. John Dobbs: And if I could, I'd just like to follow-up. We came tonight knowing that there were a lot of issues and that this item would probably be tabled and we're okay with that. It would be nice obviously, if there's a lot of issues, that we have some general direction as to what's...would be very helpful. The problem, as I'm a developer and...the problem with doing a series of custom buildings on this project, these 25 units becomes problematic for the builder to re-design. Figure out...in terms of entry and product type for each individual...so they, builders tend to try to keep that to a minimum and at the same time...nice exterior and very nice...So it'd just be helpful to get some direction and know where we're going and... I'd be happy to answer any other questions. Peterson: Thank you staff. I know we've got 37 points for you to address, which is sizeable in and of itself. If you could maybe summarize what some of your major issues are so that when you're asking for direction, and we can empathize with that. John Dobbs: Sure. I guess my big, the big direction would be that, whether it would be private or public as a drive and the reason for private would simply be to try to work with a very constrained piece of property. We are trying to put a product in that I think is a price point for the area based on what we're doing at Creekside. It's probably fairly acceptable... and density isn't very large. Just under the 3.5-3.6 units an acre I think. Almost... If this product isn't acceptable with the constraints of a public road comes in, we'll probably have to go with a denser, more vertical, small type of unit. We tried to work with the economics of the site...Also get some direction on the product and the density and private versus public road. We'd also try to leave it as green as we can. Again there's a lot of green space on the 6 Planning Commission Meeting - June 5, 1996 end and as...remember with the Creekside site, there was a little discussion about parkland and that kind of thing. I think actually this time Todd Hoffman and I have come a long ways...and worked all that stuff out. I think it will be a nice addition to the corridor... Peterson: Any other questions for the applicant? Hearing none, may I have a motion to open this for a public hearing. Conrad moved, Skubic seconded to open the public hearing. The public healing was opened. Peterson: Anyone wishing to address the Commission regarding this matter? State your name and address please. Richard Frasch: My name is Richard Frasch. I live at 8000 Acorn Lane. My land would be contiguous. My lot would be contiguous to this development. To me conceptually I don't know first hand the economics necessarily. We have these large lot properties right to the west of it. We've Stone Creek to the southwest. You've got Creekside, which are real nice homes there. I really do not want to see townhomes there. I'd prefer to see single family dwellings and I think that makes for a better transition and quite frankly I just think that townhomes, particularly as you drive through some of the other cities like Eden Prairie or Edina, they don't put a very good face on the city driving through it and I would prefer to see the Planning Commission not recommend this and rather have this move towards a single family dwelling so it would be comparable to the homes at either Creekside or Stone Creek. Peterson: Thank you. Anyone else wishing to address the Commission? Seeing none, may I have a motion to close the public hearing. Conrad moved, Mehl seconded to close the public healing. The public hearing was closed. Peterson: Bob. Any comments regarding this? Skubic: Well could you move on and come back to me. I'd like to collect my thoughts here a little bit. Peterson: Kevin, you're on the hot seat. Joyce: Well I definitely think it should be tabled. I don't have any problems with putting townhomes in there. It's not a huge development. You know I think conceptually they look rather nice. It'd be a nice transition from what's there right now to the townhome development. But as far as the plan itself, I think it has some work to be done. I don't understand this building site 14 and 13 being off like that. That I have a problem with. No 7 Planning Commission Meeting - June 5, 1996 access to that or using some sort of...driveway there. I think that, I kind of agree with Bob Generous. I think you could widen these things and have them fit into this space. So I'd like to look at it further but I'd like to table it. I'm not opposed to it but I think there's definitely some work to be done and I think you could probably fit the building and that's really where I'm going from. Peterson: Thanks. Ladd. Conrad: I'm okay with the townhome concept here. I think it's fine. I like the product. It's really an economic issue. Does it fit? And it's really terribly difficult to give direction tonight. I mean that's what we should do but it's terribly difficult. It's easier to come to a bottom line on direction by saying we've got to reduce the 37 points out there and something that we can deal with. I can't deal with 37 points. I'm not saying cutting it down to 2 or 3 but we've got to reduce that. I think I heard Bob say some things that given we move some things around, we probably could justify a private drive, and I think you've got to work towards that. Bottom line to me is, it does get tabled. It doesn't work right now. It has potential to work. Still may not be financially feasible but I think I've got to dump it off on staff and say, you've really got to work with staff on this one. Bottom line, I think townhomes are fine there. I like the product look. I empathize with the developer. It's hard to change designs through the project. It seems simple but it's hard...different things together or whatever it might be but again I think you just have to work with staff on this one and that's much direction but I think staffs comments are valid and I'd support them tonight. Peterson: Thanks. Don. Mehl: I agree architecturally it's shown us a good product. It looks good on all four sides of the building. But I also agree here we've got a lot of points that staffs concerned with and we are, I think we need to table it to allow them to work those out. Peterson: Thank you. Bob. Skubic: Well the applicant pointed out that there were constraints on here. I can understand the difficulty...I understand the general concept... The private driveway, if that's what's required, I'm okay with that. I'll go with what staff recommends on that. Peterson: Dave, I've got a question for you. Can you give me some sense as to how onerous a public road would be with that small of a development? Hempel: Well 25 units, it's not all that small. I guess staff isn't totally opposed to a private street as long as we can see some benefit from a private street. We've got three conditions 8 Planning Commission Meeting - June 5, 1996 that have to be met to warrant it and if we don't meet those, we could be setting a precedent for future developments as well. With this layout here it works to the developer's benefit with a private street to lay out the units. I guess I can't justify it based on meeting the three points listed in the ordinance. Aanenson: If I could just add to that. I guess what we see as the environmental feature here is the creek and we're not sure that this, this is the product he's chosen for this property. We're saying that we're not sure that this layout does the best justice for the creek. That is the feature that we are trying to preserve right now. So would we support a private drive if we're working on the best to save the creek? Probably, but we're not sure we're there yet and that's what we're trying to work through. Peterson: And my comments parallel the rest of the commissioners in that I think the townhouse idea, at that level as far as cost. I mean you have the opportunity to make some fine, build some fine properties that can only add to the neighborhood and certainly enhance it. Maybe not decrease not certainly enhance the neighborhood so I concur that they work with staff to find a solution. So with that, may I have a motion. Conrad: I'd make a motion that the Planning Commission table this PUD #96-3 and SP #96-6 and CUP #96-1 per the condition, going along with the conditions in the staff report. Peterson: Is there a second? Joyce: Second. Peterson: It's been moved and seconded. Any discussion? Conrad moved, Joyce seconded to table the conceptual and preliminary planned unit development, PUD #96-3, Site plan #96-6 and Conditional Use Permit #96-1 to address the concerns and issues of staff. All voted in favor and the motion carried. 9 Planning Commission Meeting - June 5, 1996 PUBLIC HEARING: LAND USE PLAN AMENDMENT FOR THE NORTHERLY 22.6+ ACRES FROM OFFICE/INDUSTRIAL TO RESIDENTIAL MEDIUM DENSITY, CONCEPTUAL AND PRELIMINARY PUD APPROVAL FOR A MIXED TOWNHOME AND OFFICE- INDUSTRIAL DEVELOPMENT ON 45.21 ACRES LOCATED AT THE NORTHWEST CORNER OF LYMAN AND GALPIN BLVD., REZONING FROM A2, AGRICULTURAL ESTATE TO PUD, PLANNED UNIT DEVELOPMENT, SITE PLAN APPROVAL FOR 146 TOWNHOME UNITS, A WETLAND ALTERATION PERMIT TO FILL AND EXCAVATE WETLANDS ON SITE, AND PRELIMINARY PLAT APPROVAL CREATING 24 LOTS AND ASSOCIATED RIGHT-OF-WAY, TOWN & COUNTRY HOMES FIRST ADDITION, TOWN AND COUNTRY HOMES. Public Present: Name Address Al Block 6800 France Avenue So. #170, Edina Bob Smith 6800 France Avenue So. #170, Edina Ken Adolf Schoell & Madson, Inc., Minnetonka Jeanne Lindberg 2480 Bridle Creek Trail Nancy & Steven Cavanaugh 2441 Bridle Creek Trail Dona Lee 2451 Bridle Creek Trail Craig & Nina Wallestad 2475 Bridle Creek Trail Peter & LuAnn Sidney 2431 Bridle Creek Trail Rodney Melton 2413 Bridle Creek Trail Doug Johnson 2322 Boulder Road Mike Minear 2421 Bridle Creek Trail Dan Schleck 2250 Lukewood Drive Roger & Gay Schmidt 8501 Galpin Boulevard Bob Generous presented the staff report on this item. Peterson: Questions of staff. Conrad: Sure. A couple. What's our buffering between the project to the north and this particular property? Is it just space? Generous: Basically. There is some evergreen plantings but not a whole lot. 10 Planning Commission Meeting - June 5, 1996 Conrad: And the guidelines that we had for buffering. Our new buffer ordinance probably doesn't govern in this particular instance. Generous: Well it would because you have medium density adjacent to single family but Jill did the analysis so they would have to provide additional plantings to meet that but not a whole lot. We have to take into consideration with that additional space, the wetland preservation. You can give them a proportionate reduction in that. Conrad: Okay. I'm going down through what the City Council directed back in February or maybe earlier in terms of what they were looking for when they turned down the office industrial project. Tree preservation, wetland protection. How did you respond to that in this report Bob? Generous: Well as far as tree preservation, we did the analysis and they are actually preserving. It appears that they're preserving additional treed area or canopy area. The configurations have changed. Unfortunately these two scales aren't quite the same but we pick up additional savings on this area and elongated the central area. And there is a little additional savings within the center. I didn't loop the road going through because of the layout of the previous cul-de-sac. They were going in there and they were going to have to grade that area. And then on the south side they had houses backing up there to there. Conrad: Okay. Now the big question that I think maybe you can summarize for me. I read the staff report but I think you've got to interpret it a little bit for me. The reason we tabled or we turned down the last project was because it was zoned industrial or guided and that for commercial so we weren't comfortable taking that off the tax rolls or the benefits would achieve the city. Here's a case where we're sort of getting a little bit of the benefit and putting in a transition based on planning so it's a transition. Can you summarize again for me, and maybe the people here, what the tax loss will be because of this. I think you did two different analysis so we have one estimate is pretty close to a wash and another one is further away from that. Generous: Right. I summarize it. If you look at this development versus a smaller...I believe it's 140,000 square feet. While this proposal has a net benefit, tax benefit, revenue benefit to the community of estimated $41,442.00 so they pay that much more in taxes than they use in expenditures based on some assumptions of average expenditures per revenue that came out of the study that we were able to find. If we go to the office industrial component, we're to develop at the highest intensity that we believe feasible on the site. The net tax revenues would be $98,630.00. Obviously it was a smaller development so you have 130,000 square foot development, it would be a $40,682.00 net revenue. So it actually is less. At about 150,000 square feet they would, the net revenues balance out. And that's not to say if 11 Planning Commission Meeting - June 5, 1996 this were to develop as a corporate center and they go up higher, then we can get higher square footages on those sites. Conrad: So we might be losing $50,000.00. Generous: $50,000.00. Joyce: How do you appropriate the costs of new residents that will be in this development versus the schooling and stuff like that as opposed to office industrial? Generous: Well that was the average cost of $1.04 per. Joyce: $1.04? Okay, that's. Generous: The range was, I believe it was $1.02 to $1.07 in the study. Joyce: I have one other question regarding the tree loss, removal situation. In that site, the trees I see that are being removed are really mature trees. There's a couple of groves in there that kind of make me a little leery here and they're going to be replacing those how? Generous: Well their landscaping plan has 360 some trees in it. Joyce: But they're all like ball and burlap type trees? Generous: Yeah, I believe it's 2 1/2 inch. Joyce: So we are taking down very mature trees and putting up saplings. Generous: The next generation. However we are trying to preserve large lots of that and the developer has told staff that they are interested in looking at providing additional retaining walls within the development. That could save additional trees so that we have to get to a more definite detail for them to be able to work with that. Skubic: Recommendation 16 regarding trees lost due to construction practices. Dealing with schedules in the city. I would assume that a rate of 2 times the diameter would buy the sub- total of some of the smaller trees to replace the larger trees. Generous: Well unfortunately when we do inventory ifs based on caliper inch. You generally will come out ahead because if you dig a 48 inch tree and double that, you're up to 96 inch caliper inches. Area wise you can do it also. That's where you take, if you do it by 12 Planning Commission Meeting - June 5, 1996 canopy area that's removed, then you can two times that area and there's a formula that tells us how many trees. We believe if they're going to, the saplings have a better chance of survival than the big trees and that's what this is considered. Skubic: So if they lose a tree that's 24 inches of caliper, you have to replace it with one that's 48 inches? Generous: No, not one that's 48. 48 caliper inches so they go let's say, four inch trees and put 12 of those in. But we would then be able to hold them specifically responsible for that replacement. Peterson: Other questions of staff? I'll continue on the same round with trees. In the event that an office/industrial complex went in there, would it be fair to assume that the majority of those trees would, more of those trees would be gone with an LP than it would be with this unit, or one similar to it? Generous: Yes. Peterson: Just because of the impervious surfaces and. Generous: And because they have to have the flatter. Peterson: Flat grade. Generous: We could save, depending on the design probably of that middle area but the rest of it would be... Peterson: Would the applicant like to address the Planning Commission? Al Block: Yes, thank you. I'm Al Block, Town and Country Homes. Chairman, members of the commission. We appreciate the opportunity to present some information to you about our development. Bob Smith who is also with our company will also be participating in this. I'll try to be as brief as possible. Just a little bit about Town and Country Homes. We are somewhat new to the area. We have been building here for about 4 years. We started out in Maple Grove...and now we are building the townhome product that we are proposing tonight in Burnsville and Eagan. However our company is 38 years old and we are a family owned company and Minnesota is a division for the family that is located in Hinsville and West Chester, Illinois. A few general comments about how we've approached townhome development and it is a significant part of our business today overall. Probably 50% to 60%. And that is, first of all we believe in these developments being tightly controlled with a full 13 Planning Commission Meeting - June 5, 1996 set of covenants and conditions that take care of exterior maintenance of the buildings themselves, as well as the landscaping and so on. The covenants are very extensive, very detailed. A couple of examples. If you have a two car garage, we require that if you have two cars, they both be in the garage overnight. Not on the street. We enforce this. We hire professional property management people from day one, when we start building. From the local area that begin to put a program together as buildings are being built so that they are ready to maintain the landscaping, etc from the very early conception. That's something that's very important to us. Some experiences that we have had with developments such as this. First of all, all of the units are for ownership. They are not intended for rental. We have found that for a community of the size we are proposing, typically you will have one or two units on average that actually will be rented out. On rare occasions we will have investors that will buy, purchase a home and rent it out. Or you will have people that own a home, get transferred out of town but are going to be back in a couple of years but they prefer to keep ownership of the home while they are away and while they're away they rent it out. So you'll have that kind of situation. Secondly, another comment that we get a lot is that this is going to be a community that will have tons and tons of children and therefore lots of problems, etc. This has not ever been our experience and our buyer profile in Burnsville and Eagan where we now have quite a few buyers for whom we are building homes, proves out that in a community of this size, we typically will have about 30 children to 35. Many of our buyers, in Burnsville and Eagan as well as all the other townhome communities, are young professionals or they're empty nesters. In the case of empty nesters, a lot of times they're moving down to smaller homes and also looking to the idea that somebody else will maintain them. One of the things that we always do is we have a small area set aside within the community that if we end up with a number of young children, we will install our own privately maintained by the property owners association, a totlot facility where there is playground equipment that encourages those young people to stay within the community and not transition out of it as far as trying to get to a playground that's across the street or up the road and that kind of thing because it puts them in danger. Another thing that I'm sure will be discussed this evening is what are these homes going to be priced at. The base price, without options, without basement, is in the range of $85,000.00 to $90,000.00 to as high as $120,000.00 for the largest unit. However, many of these homes will have basements. We are experiencing in Burnsville and Eagan that most buyers are purchasing quite a few dollars worth of options. We have a number of townhomes units there that are in the $150,000.00 price range and going on down from there. I'd like to take a few brief minutes to just show you some pictures of the models of the two communities in Burnsville and Eagan and I want to forewarn you that these were opened in March. These pictures were taken in March so there's no landscaping installed yet. It's just been installed now. I'd like to just point out a few features. Of course this photograph is slightly misleading in that the garage will open instead...these kinds of doors because this is a temporary model situation in this area. But the end units are two car garage. They are the largest unit as far as square footage. They are 14 Planning Commission Meeting - June 5, 1996 approximately 1,480 square feet. All of the townhomes are two bedroom. They're all two story except we do have the capability in some of the interior units to create a situation where we put two different units side by side together, creating what we call a flat or all of the space being on one floor, and therefore much more handicapped accessible. In that case there is... It is standard and typical to put brick on the entire front of the units around the garage door units. The garage door openings, I'm sorry, as well as around the openings to the buildings themselves. Just an example of entry door and...some brick around it and so on. The siding with all the vinyl we found to be the most durable and least susceptible to denting and that kind of thing. The interiors are designed with a lot of openness to them with skylights, these kinds of features. All of the bedrooms of course are on the second level, except in the case where as I described... At this point I'd like to turn it over to Bob Smith to talk a little bit about the land plan itself and some of the features that are incorporated in that. One thing I want to emphasize is Bob will be reporting to you on a neighborhood meeting that we conducted last week. The number of comments that came out of that from the neighboring property owners that I thought were, and Bob thought were very beneficial and you will see some things tonight presented, there is amendments to the plan that we have presented to your staff prior to tonight. Any of those amendments that should you deem it appropriate...these amendments that we present, we are committed to implement the establishment of. So I want you to know that... With that, I'm going to turn it over to Bob Smith... I should also mention that the owners and developers of the investment office part of this are here tonight and they wish to make comments... Bob Smith: Good evening Mr. Chairman, members of the Planning Commission. My name is Bob Smith and I'd like to present to you this evening a little bit more detail about the site. First of all, I have a photograph here of the aerial of the overall neighborhood. As you can see here, Galpin comes down along here. Lyman comes into here. The school, this was taken about a year and a half ago. The school under construction is right in this area here. We have a large lot estate development here. We have some woods, swamp in through here... This development here, as you can see is under construction. It's built up now. Our development lies in here. Directly to the north is Trotters Ridge. On the west side, as you can see are the industrial buildings. Pretty hard surfaced area through here. It's hard covered through here. Along the south of Lyman is the greenhouse, or an agricultural type industrial use. So as you can see here, these development transitions from the industrial to agricultural to the more office industrial use to a medium density residential to a low density residential into this very large wetlands here. Very traditional transition concept that planning people use to get to the lower densities of the Trotters Ridge type development. If I may, I'll go to the overhead and just very briefly go over some of the plans and some of the details. A little closer detail here you can see where Galpin comes along this side with Lyman in here. We have some of the older buildings that are in this area in here and in here. As part of the recommendations in the staff report, we will get a demolition permit. Those will be removed. 15 Planning Commission Meeting - June 5, 1996 Any wells in the area will be removed. The wetlands that are on the site are in this area here. There's a wetland in this area. There's a wetland in this area. Each one of these wetlands stands independently of the other. There's a small little wetland in this area. The vegetation, treed vegetation primarily is through this area. There's some scattered trees along here as well as some trees and vegetation along Galpin. Just recently Galpin has been widened and that slope along here is quite steep. There's a proposed walk, 8 foot bituminous bike trail along the top of that. A subsequent planting you'll see where we've proposed to tie into this walkway on this end. Very quickly you can see how..., and you have seen this already. We're proposing this evening is a request to a guide plan amendment, 22 acres. 22.6 acres on this north side from industrial to medium density residential. We're also proposing this evening or requesting that a rezoning amendment be made on the entire development from agricultural estate lot to PUD mixed development. The guiding is along this side is already industrial. As you can see there's two conceptual industrial buildings on this. This is not a request this evening for an approval of these two industrial sites. However part of the request is for the site plan approval as well as a preliminary plat on 24 units. Excuse me, 24 lots with 142 townhome units. Very briefly, and it's pretty hard to see sometimes on these because they are very detailed. I'd like to illustrate on this is just very briefly the grading. As I said previously, the grading of another development came up the side of this hill where this curvature is here. This curvature has not been built now because of the steep slopes in here. We've proposed to come up to the edge of the slope and actually keep the trees that are in this area here. One of the things at the neighborhood meeting that was discussed was this corner in here. The proximity to the lot line. In another plan you'll see how I have resolved a little bit of this area in here. Earlier Mr. Generous had discussed the request to drop from 146 units to 122 units. That plan will also show that we have taken this building here and dropped two units and changed this a little bit around in here. Additionally this unit, this building in here has dropped two townhomes that we've reconfigured as somewhat to loosen this up which would also help with the sidewalk access into the cul-de-sac. One of the things that I would like to show on this is the grading...just conceptual on industrial. That it is a very large, a very flat area in through here that in fact this whole development were to be industrial, which would end up creating a large, flat areas like this. Typical of office industrial type development. What we've done here is, by putting a street in this configuration, we've been able to take say all of the trees in this area, as well as saving all of the trees in this area. In addition there's trees out in this area as you can see, as well as these trees and a lot of the back here remains undisturbed also. Very quickly, utilities. There's utilities available in Galpin at this location. We propose that sanitary sewer be brought through the streets into the tie in that's in Galpin as well as water brought through here. This plan does not show it. We worked with the City Engineer and we're proposing to loop water back through the back side of the road side of the industrial site so that we can have adequate water pressure. Storm sewer is located on the ends of the cul-de-sac to pick up the storm water that comes off of the driveways. Off the roof tops as well as off the streets. Pick up 16 Planning Commission Meeting - June 5, 1996 the low spots with the catch basins that brought it through pipes into a wetlands. This location as well as this location and brought into here. These wetlands is created design wetlands and sediment...before they would go into the wetlands. These have been designed and meet the watershed district criteria. There's also a wetland that will be created in this area to pick up the water through here. The industrial site and the wetland basins that will catch water here. Level across into a basin here before it comes into this wetland. Planting plan. If you look at Town and Country, we want to create a very lush, green street tree planting as well as a unit planting. These trees along the street are planted as ball and burlap trees. They have a two year guarantee on them. We've found that anything that lasts two years do last. Often times there is a mortality after one year. We've put a two year guarantee on these trees so that they, anything after one year to replace, they're once again guaranteed and then after two years the guarantee goes off and we've found that there's a very good mortality and they don't die. We're putting in pine trees along this area and this plan shows red maples. The subsequent plan...we will put pine trees along this to increase the buffer along with that lot line. Unit plantings are proposed all along the sidewalks, in the fronts, between driveways, trees, in the fronts as well as approaches along the sidewalks or the side entrances, as well as plantings all along any of the stoops and patios which may be in the back trees. Small plantings all along all sides, all the way around. We've proposed to put about $2,000.00 worth of plantings into each unit, which is identified by a very rigorous... and identified by both scientifically and common names provided by nurseries and planted by registered nursery people. Last week we had a neighborhood meeting. Very good discussion. We had about 32 people at the neighborhood meeting and there was a lot of discussion, specifically on this last cul-de-sac. Galpin will be along this side. Trotters Ridge along this side. Some of the discussion was how close these units are to the property line. And how close these units are to the homes in this area here. ...drop two of these townhomes in this area here, what we've done is reconfigure this area. Right now it shows that this townhome is approximately 50 feet from the property line. As we get down to this end we're looking at approximately 65 feet and it continues to be farther down. I'm going to lay this over the top here and then I will put them separately so you can see the change. Before we do that, one of the things I'd like to identify that brought this issue up and with this issue was you'll notice right here, and we can look at it on a larger plan if you wish. There's a storm catch basin that was put in here by the developer of Trotters Ridge. This catch basin has been put in such a way that it's caused a drainage problem. It's been put in too high and the people in Trotter's Ridge here are becoming inundated with their own storm water. What we've found by doing this is that we could, with participation from the city's engineering department, that they could do the design. We will construct and fix the drainage in this area here. Not our responsibility but as good neighbors, we want to take and fix the drainage in here so that everyone works well as well as the drainage works in our development. But as part of that, as part of reducing two townhomes. Let me line this up here so we have this north property line all lined up here. What we've done, this is where the location of the old townhome 17 Planning Commission Meeting - June 5, 1996 layout was, as well as in here. As well as the cul-de-sac around this way. What we proposed is taking this cul-de-sac, tipping it slightly. Not disturbing this unit. Taking this group of townhomes. Sliding it around. Taking this group of townhomes and centering them out. By doing that, we've created about 65 feet of distance. We've increased this distance by 15 feet. We've also put a berm in this area here and in this area. We've left an open spot in here, which will create positive drainage coming through here. The berm is proposed to be about 6 feet tall. Between 5 and 6. Each one of the grading lines represents 2 feet, as well as a 4 to 5 foot berm on this area to screen anything here. What this does, it creates a positive earth berm then it will have a continual screening that these people here will have separation from the townhomes. In planned section we've cut directly through this area right here. Let me take this off so we can get it a little clearer. We've cut through this berm to this unit, to the street. To this unit in here. Center line of the street is here. Trotter's Ridge property line is here. What we've done is created a berm that comes up this way. The unit, the street, the unit then drops down into this which will be a walkout unit here. As you can see, this is a solid berm. Pine trees will be planted on the berm. Let me go back here. Now the landscape plan which shows pine trees in this area. We'll increase the number of pine trees in here and rather than putting in a deciduous tree, which will get very tall, with nothing screening in the bottom, we'll put all pine trees along here. Also which will be planted on the berm. Finally, this is pretty easy to see how the development will lay out. This does not have that most recent change in this area here. This is how it was before. We will take and tip this cul-de-sac out so, what the black lines represent here is the trail system that we propose to put in. This will connect to the sidewalk along this street here. It will tie in through the woods onto this cul-de-sac. It will come through the woods here on the end of this cul-de-sac. This dashed line in here represents a cul-de-sac, excuse me. Off the end of the cul-de-sac, represents a sidewalk which will loop around and rather than coming straight up, we will bring it around at an angle to transition up this hill here so it's a nice easy slope coming up...get the bituminous bikeway down into the development. The other thing that this illustrates, that this coded drawing illustrates is that the trees in here and in here, along in here are all natural trees. As well as this area remains undisturbed back in here. This area has been left...the industrial site simply to show that this is the concept and it's not the final site approval. Lastly, once again looking at the aerial photograph here. In a little more detail. Once again we're asking for the approval of the guide plan from office industrial to the northern, on the northern 22.6 acres to medium density residential. We're asking for rezoning of the entire development from estate lot agricultural to a mixed planned unit development, PUD. We're asking for 142 townhomes as well as a preliminary plat of 24 lots. To summarize this is really, as I've spoken was a classical study of transition. Going from industrial to agricultural type industrial to office warehouse industrial type through here. Medium density at about 7 units per acre to the low density of Trotter's Ridge. Finally to the wetland which is to the north. If you have questions of myself, Mr. Block, we'd certainly like to answer them. Thank you. 18 Planning Commission Meeting - June 5, 1996 Peterson: Any questions for the applicant? Conrad: Two. They're all 6 and 8 unit complexes. You don't have a 4 unit design? Al Block: We did not include a 4 unit design in this case. Part of the reason is, every time you have a break between buildings, you start to take out more trees. Existing trees, those kinds of things. By massing more town units in a building, you can have a little more attrition situation as far as tree removal. Conrad: On your eight-plexes, I need a better elevation of your units. I just don't have a good feel for what you're proposing. And what. Al Block: This happens to be a 5 unit building. Conrad: That's a 5 unit building. Do you have your 8 unit building here? Al Block: We do not. Conrad: How wide is that 8 unit building? Al Block: The 8 unit building would be approximately 150-160 feet. I believe the architectural plan you submitted there was a floorplan. Conrad: Real tough for me to read it. I'm real worried here in terms of...back on the project. It's hard for me to look at what's presented and get a sense for some fairly massive structures, because of the 8-plexes and see how that looks on the project. So that's why. Al Block: There are a number of different things we do and are incorporated to break up that linear feel. For example as it was pointed out by Mr. Generous in the staff presentation, many of these buildings have vertical breaks in the roof line. There are some changes in elevation. There's a transition from one to the other and Bob, could you kind of point out the building roof line. Bob Smith: Some of the roof lines break along in here. There's a unit that could step down to a grade. We'll have a break along in here. You want gables and hips through here. That will all break up. As you can see down in here, these as Al had pointed out earlier do have doors in them because they're models but this is what the garage doors actually look like. So that this is the actual view that you will see in the field. Out in the neighborhood. The garages will have hip roofs in them to break up the front of the roofs and pop outs for the windows so that we do have a good break all along the front. 19 Planning Commission Meeting - June 5, 1996 Conrad: You said this is a 5-plex? Al Block: This is 5. Conrad: And we don't have any in this project. We have sixes and eights. Al Block: We just didn't happen to have one colored to scale. We certainly could...and submit it as a 6 and an 8. Obviously a 6 unit building is not going to be a whole lot longer and I believe, I should correct the information I gave you on... Generous: It says 149 in the plan. Bob Smith: The overall dimension of the 8-plex is 149 feet 0 inches. Al Block: By a combination of, the way the garages are placed, and the way the roofs are constructed, it breaks up. Conrad: Well you can sell me on that but you don't have anything here tonight that does. This is not what you're building and. Bob Smith: Actually we have submitted this, if I may approach, to I believe what this gentleman is talking about... Conrad: I think the City Council's going to want to see that. Joyce: Especially with a PUD, right? Conrad: Yeah. It is a PUD obviously and also the real elevation is real important. I think we'll all have concerns about the neighbors and visuals and anyway that's. Joyce: You're going to have eight garage doors on an eight unit that will have a two garage on each side and six garage doors. Al Block: Yes. Joyce: I was curious about the property manager. Are you going to have a property manager living on site? Is that the plan? I didn't understand that part. Al Block: No. It will be a professional property management company that is in charge of that as opposed to not having anybody really that checks on things or that is just on call. 20 Planning Commission Meeting - June 5, 1996 Joyce: So they maintain the. Al Block: Everything on the exterior, yes. All exterior maintenance to the buildings and landscaping and grounds. Joyce: Thank you. Peterson: Other questions. Going back to the property management aspect of it. Once it becomes an association townhouses, how much control is there really at that point in time? Don't the individual owners really have the control to pick the property managers and you talked about, you don't allow the cars to be parked out. Is that realistic long term? I mean that the owners eventually could change that upon transferring the property management. Al Block: They could by a vote of a certain majority make those changes. That's never happened to us and typically they will retain the property management company we select at least for several years. Peterson: A couple other questions. A little bit about the berming height. You said towards the residential to the north you've got 5 to 6 feet. Is that the maximum that would be reasonable? Or possible. Can we go higher or not? Al Block: I suspect if we took a look at it, it'd be possible to increase that one... Peterson: I mean I think it'd be beneficial to go as high as we can, depending upon obviously the space and the angle. The slope. Hempel: If I could just interject one comment here with the berming back here. Mr. Smith did indicate about the watermain loop with the cul-de-sac. This is one location that we had recommended a watermain loop as well. There's currently an existing waterline that runs down the next lot line east of where that storm sewer line exists. There's a 12 inch watermain. We'd want to loop in the cul-de-sac to see which would be underneath the isolated berm there. We could work on relocating that berm to an area...and that location is the existing water line that we'd like to see extended for water quality and water pressure reasons. So that may impact their shifting those units a little bit more in that cul-de-sac. Peterson: What about the berming to the office industrial to the south? That wasn't discussed. I think it was maybe in the...height of that. Bob Smith: Right now that is conceptual... 21 Planning Commission Meeting - June 5, 1996 Peterson: So the berm would not be in this property but it would be on the IOP property? Al Block: That's correct. Bob Smith: Which is located in this. This is what is conceptual. Peterson: Lastly, we spoke earlier to Ladd's question about the front of the building and how we would be breaking up the front. Talk a little bit about the back of the building. I think I'm comfortable with the design of the front and how it does break it up versus being a solid wall but certainly with the back you don't have the opportunity to do that as much. Without the rendering of the back, give us a sense of what the back would look like if you would. Al Block: Bob, can you throw up a landscape drawing of the back side. On the back side there's an opportunity to break it up with quite a bit of landscaping inbetween the decks and patios. That landscaping certainly could be brought around behind those decks and patios to make that rear area nice. Bob Smith: One of the things that...it's difficult to see here, that this would be a gabled roof. Very similar to what these roofs would be so you have face breaks, roof breaks coming down as well as window breaks. Patios coming out of the back and plantings inbetween. So we'll get some breaks up and down and along the roof line. Peterson: So each walkout unit then would have a patio and a balcony? Is that right? Or not. Bob Smith: Yes. Along the Trotter's Ridge, I don't believe there are any walkouts. I think those are all at grade type things. Peterson: So those would be the lower. The lowest structures would be towards Trotter's Ridge. Bob Smith: That's correct. The only walkouts or lookouts would all be internal would be these, these, these, and that's it. All the rest would be no walkout or lookout. Peterson: If you had to prognosticate, how much of the building, in looking from Trotter's Ridge, how much of those buildings would you see with the berm and with the evergreens on top of the berm. Bob Smith: With the berm being about let's say 6 feet tall, the evergreens that we would plant would be anywhere from 6 to 8 to 10 feet tall standing at that point. If you use a 6 foot 22 Planning Commission Meeting - June 5, 1996 tree, a 6 foot berm, you have an automatic 12 foot. 14 foot. 16 foot depending upon which size tree. So we're looking at anywhere from 12 to 16 foot automatic berm which would bring it up pretty close to the second, above the second story. Peterson: It's just Trotter's Ridge is at a lower elevation. Bob Smith: Actually where these would be at, Trotter's Ridge is actually at a higher elevation than what these are. The back yards here are about 62 to 64. We're proposing these, right now...at about 62. With that new design that's going to drop the street about a foot so these will be about...so they will be slightly lower than the back yards of Trotter's. And by the time you get to the homes, you have a slight rise. Actually even a dip because the water's flowing out... Peterson: Thank you. Bob Smith: Realistically the combination of the two does pretty much cover a first floor and begins to impact the upper floors. Peterson: Other questions for the applicant? Thank you. May I get a motion to open the public hearing. Conrad moved, Skubic seconded to open the public healing. The public healing was opened. Peterson: I have some sense that we have some conversations to be going on tonight. I would ask that we certainly want to hear everything that is said from all people that do wish to come up tonight. I in turn though would ask that if what has been said by the previous individuals, that I think we will soon get a sense that there is a theme so that if we can maintain a number of people that wish to come up, please do so and listen to the predecessors so with that, is there anyone that would like to address the commission. If so, please come forward and give your name and address please. Dan Schleck: Good evening. My name is Dan Schleck and I live at 2250 Lukewood Drive, which is northeast of the proposed subdivision. And let me say this. One of the reasons that I wanted to come and speak tonight is because I recently relocated here from the western suburbs of Chicago, which also happens to be the home of Town and Country Homes. And one of the things that I guess I wanted to talk about tonight is what I'd call SST, and that is Suburban Stacking of Townhomes which is so prevalent in the western suburbs of Chicago and which is something that I wanted to get away from when I came here and I don't think it's in the best interest of the city. Let me start out by saying that I think the staff has done an excellent job in reviewing this project, however there are a few things that I think need 23 Planning Commission Meeting - June 5, 1996 maybe a little bit more study. First of all I'd say that the impacts on infrastructure to the city need to be investigated further. I think that it's been shown in the plans and in the study by the staff that there is going to be some impact of runoff in the area of surface water. That the topography of the area is very complicated and given the level of study that's taken place so far, maybe the total impact of this runoff hasn't been adequately investigated, and I think that possibly some more study needs to be done. Secondly, in my subdivision I know that we are constantly have problems with electricity and I think that if this proposed subdivision was to go in, it would put a significantly higher draw on the electrical system in the area. I wonder if any investigation has been done at all with the electrical cooperative to determine what impact, if any the subdivision will have on power supply to the area. And what changes might need to be made. Next I'd like to say that in reviewing the report of the staff, on page 8 it's indicated that the cost part of the equation has not been adequately defined. What does this mean? Does this mean that the cost potentially could be much higher than $1.04 for every dollar of revenue generated? Generous: Or it could be less. Dan Schleck: Either way it hasn't been... And that's something I think needs some more study. I think on page 6 of the report, it also discusses the loss of tax revenues to the city and that needs to be looked at carefully as well to determine is it in the best interest of the city to rezone property that results in a loss of tax revenue. The second major area that I want to talk about is environmental impacts that may be presented as a result of this subdivision. Page 19 of the report discusses some of the wetland issues associated with the proposed development. However it notes that based on the new law that was passed in the last legislative session, the city has not adopted the new wetlands legislation and developments are being treated on a case by case basis. I think more study needs to be done on the wetlands issues and the impacts of this project. Given the wetness of this whole area of town, and I also think it may be inappropriate to trade-off wetlands at a 2 to 1 ratio given the nature of the area of town. It may be appropriate to go with some higher ratio in trade- off. Next, one of the issues I think that has not been adequately addressed is what impacts, if any this development might have on ground water quality in the area. The report of the staff indicates that there's significant number of wells and septic systems in the area that are going to need to be closed and abandoned but he said they will be abandoned according to State Health Department guidelines. Is that appropriate? Is that enough to protect the ground water in the area? That hasn't been addressed. Next I think that based on my review of the staff report, there's been no investigation of the presence of any endangered species or critical habitat in the area. I think that this is important for the community and the State as well. The environment has been a very important part of the state of Minnesota and I think these things should be investigated in the wake of development. Lastly, with respect to the tree preservation program that's been addressed by the city. I know that in my subdivision, 24 Planning Commission Meeting - June 5, 1996 although many of the trees were "saved", they've been significantly impacted by the construction. Several of them are not expected to last more than 2 or 3 years and I just wonder if this has been looked at in terms of conservation of the trees. Yes it may be appropriate not to take down the trees to build a road but if you build a road right next door, it's still going to die. Next I think some of the issues with respect to public safety have not been adequate addressed. Page 10 of the report addresses some of the traffic issues with respect to this new subdivision but it seems to focus on the new street, or rather the street layout...some of the traffic issues associated with that. There doesn't appear to be much report on what would happen to Galpin Boulevard. And what would happen with respect to the increased traffic from the subdivision during both construction and occupancy. What impact might be to the number of school buses that run of Galpin every day and also the school children that travel to the school on the corner of TH 5 and Galpin. The next issue I think that has not been adequately addressed is the changes in aesthetics that will result from this proposed subdivision. There really is not a good discussion in the report that discusses the impact on the character of the neighborhood. This neighborhood has traditionally been a single family neighborhood and the introduction of multi-family dwellings will impact the neighborhood and it's aesthetics. Additionally the noise and the dust generated during construction, and the crowding of what I called the SST before, I don't think is good... Next I think, and most importantly, there is some discussion in the staff report about consistency of the proposed development with the comprehensive plan of the city. But let's face it, the proposed development is not interested in the comprehensive plan because it requires an amendment to the comprehensive plan. I think that everybody here realizes that there is a need for affordable housing in Chanhassen, and that's an important part of the community, but I also think that a community can't rush to build affordable housing. That some type of study to look at the community as a whole is necessary to find out the best and optimum location for such affordable housing. And again I'll restate with respect to the comprehensive plan, the result of this amendment will again reduce the tax revenue that could be generated by this property under it's current zoning and I think that has to be looked at a lot before you consider that's best for the community. I, to some extent think that I speak for the local residents of the community when I say this. I believe that the Planning Commission needs to re-evaluate this planned unit development. I think that the developer has to some extent attempted to address the concerns of the community but has not adequately done so. I think that members of the local community would agree that the buffer area between Trotter's Ridge and this proposed development needs to be increased. This increase in the buffer zone would better facilitate a transition and would have less impact on the aesthetics of the neighborhood. I think that it would be appropriate to require more industrial development and reduce the size of the acreage for the planned amendment for the comprehensive plan. I think that this is the fiscally responsible route and that it is more acceptable to the local members of the community. I think that the developer needs to better address the environmental issues associated with this development. I think that it's appropriate to require a 3:1 wetlands trade- 25 Planning Commission Meeting - June 5, 1996 off for any wetlands destroyed and I think that some type of environmental study of the area is necessary. I'll finish by saying this. This commission was created and empowered to protect the community. This mandate necessitates that any developer work with the neighbors and the community so that the developer and the community can result in a situation that is a win/win for both. I think that if the developer is not forced to work better with the community and address some of the concerns of the community, that this commission is doing a disservice, and I don't think I'm exaggerating when I say that the people in the local community of this development are committed to having this proposed development changed. I think if nothing is changed, the commission's actions will force the community to pursue all judicial and administrative remedies available to them. Potentially including petitioning the Minnesota Environmental Quality Board or Pollution Control Agency to require an Environmental Impact Statement for the project. I leave you with a question. Is it in the best interest of Chanhassen as a community to allow an out of state developer to come in and become rich at the expense of the local community's quality of life? Thank you. Peterson: Thank you. Anyone else like to address the commission? LuAnn Sidney: I'm LuAnn Sidney and I live at 2431 Bridle Creek Trail and I wish to present a few items. I was really concerned after I heard about the meeting last week with Town and Country Homes...and so concerned that I went out to Town and Country Home developments that are currently in the Twin Cities, in Eagan and Burnsville and took a look at the type of product that this developer wishes to build in Chanhassen. And I took some photos and I was really concerned because you know we talked about the back elevation...and to me what they look like are apartment building type units from the back. And for me, as residents of Trotter's Ridge, our property would overlook this type of development. I don't know if that was... I think the other point about what I saw in Eagan and Burnsville is that the surrounding areas where these townhomes are being built are nothing like Trotter's Ridge or Stone Creek or even the industrial portion of Chaska which we are opposed to. What I saw there in Eagan was a SuperAmerica. I saw Meredith Cable. I saw Highway 13. Highway 77...forming a triangle where these townhomes are located. There was very low vegetation and none of the additions that were given in the statement here tonight. In Burnsville...similar in nature in that it was up against Highway 13. There is a school in back of the development. Very large apartment complex which actually abuts one of the rear portions of one of the units that they were starting to work on, and also a strip mall and I guess in my opinion what they have chosen in Burnsville is...strip mall development in the R-4, you know incorporations in Chanhassen as it is proposed in this development. I'd like to present the photos for you to look at them. It does have some examples of the landscaping that you'll see. In Eagan I have...of the back of one unit... Hopefully you'll get a sense of what the land is like. In Burnsville it's a similar situation. I have some photos of landscaping put in the front. A little similar to what you saw in the drawings and the... I was surprised, and I guess not surprised 26 Planning Commission Meeting - June 5, 1996 at they did not show you a detailed photo of the orientation of the backs of the units. I guess I'm surprised that...from Chicago... I think what I'll put on top here is an example of the landscaping. I guess another point that I'd like to make, and a personal type of observation. We just recently moved here to Chanhassen and I actually work in Eden Prairie in a small chemical company...and we're looking to build and we'd like to build somewhere in the area because that's where...and we've been looking at properties and one of the selections was the property in the commercial development which is along Audubon Road and I kind of told my colleagues at work that just think, I could walk to work at some point if it were possible. So I guess I have a feeling that this commercial would be something that I would support. Also, I guess just to wrap up here hopefully. I had looked at the Mission Hills townhouse development off of Market Boulevard and there are a couple of homes which the rear portions of the lots that are...fronts of homes which to me are much more appealing. Also I looked at Lake Susan Hills Drive and the Prairie Creek development and those are a very similar look to the type of structure there. It's not as massive as what you're talking about in the proposed so those are the three points. The photos. You can take a look at those. Also the fact that personally I'm not objecting to office industrial. Also the fact that these townhomes as proposed do not seem to fit the pattern which has developed here in Chanhassen. Peterson: Thank you. Anyone else like to address the commission? Nina Wallestad: Hello. I'm Nina Wallestad, 2475 Bridle Creek Trail. A lot has been talked about the northeast corner of this development, especially where it butts up against Trotter's Ridge but as somebody who lives on the northwest corner I'm very concerned. Looking at the plans of the area, and knowing the wetland that I see when I'm standing in our house, they don't jive. The wetlands is huge compared, in fact two years ago when my husband and I were looking at the lot and considering buying it, in the middle...there was absolutely no water anywhere to be seen. Now there are very large wetland areas and I look at the drawing of the map and to me they just don't jive so I would just really keep, encourage you to make sure that we're working with the right data here when it comes to the topography of the area. Another thing that I just discovered just recently walking around back there is that there's actually a little creek connecting that big wetland area to, it seems to be the far area and it's just running right along the east/west border. I guess it would be considered that border line between Trotter's Ridge and this development and I don't see that addressed at all on this plan and considering that there are wild turkeys, ducks, even a pair of deer that we saw this morning. Tons of frogs. There's a lot of wildlife here that's going to be impacted and given all of that, I would just urge the denial of this plan until a further study of the wetland area can be made. And if not denial than I would urge a further setback on this development to make sure that it does not encroach upon, not only our lot lines but especially the wetland areas that makes this area such a beautiful place to live. Thank you very much for taking our comments. 27 Planning Commission Meeting - June 5, 1996 Peterson: Thank you. Mike Minear: Good evening. My name is Mike Minear and I live at 2421 Bridle Creek Trail and out of respect for your time I have one issue that I share with you and it's also water and drainage but a different angle. When we met with the gentlemen from the builders about a week ago we brought up a lot of the drainage concerns and I think my concern was that they really didn't know about them. And in more of a deep discussion with them about the draining and so forth, they said that they needed to do further study and what concerns me is that they submitted to you a plan where by their own admission they had not really studied a lot of drainage issues and I'm wondering if we're really ready to approve that. I thank and commend them for trying to address that issue with us but I have the following concern. My builder clearly did not do the drainage correctly. As they point out, Trotter's Ridge did not do it correctly. We tried to work with the city and the city has been kind enough to send letters to our builder. Our builder was not a local builder. Basically ignores them and after about a year of this, just this week the city engineering people basically have say look. We tried to write the letters to help you but we really have no authority and we can't do anything to force developers to do it. I live right on the other side of where they're proposing the berm. In a deep rain, or even a moderate rain, we get...standing water in our yard and it stays there for a number of days and we are at the bottom of a hill that I'm not sure where it comes through on the drawings. Basically what their drawing is doing, and I can appreciate any effort to berm our view but we're going to be at the inside of a V where the water's going to come down. It already pools at 10 to 12 inches of water and my concern is, will it pool worse? Will it come up to my basement? Are these folks, are they going to be any more responsive than the builder that we paid our money to and is the city going to be unable to help us with that problem too? And again, I appreciate the need for tax revenue. I just feel that before we approve this, we need to study the water issue further and really nail it down once and for all. Thank you. Peterson: Thank you. Anyone else? Steven Cavanaugh: Hello. My name is Steven Cavanaugh. I live at 2441 Bridle Creek Trail. I want to go back to the issue of the aesthetics and the... Those drawings you see don't reflect the topography at all. The berm would only protect something on a parallel, flat land... The topography rises dramatically from that flatland and I know from my house, which is only two houses away from the gentleman who just spoke, the land rises precipitously so, and so the townhouses will be placed 50 feet away from my property line, which is the wetlands come down to here so...and I do have photographs and that wetland does go out quite a bit beyond my property line. My wife and I take photographs... So nevertheless, 50 feet beyond those lines, we're talking a hill that goes up. So when you see the back now, the aesthetic beauty of the back...so those go up the hill. So it's going to take a berm the size of 28 Planning Commission Meeting - June 5, 1996 a small mountain, that high in order to protect us from that view. So I don't know what the berm issue is even about. I really don't understand that and I think you've also seen pictures there of the type of pine trees that they see as berm type of pine trees, arborvitae type of pine trees...that are dead. So those...The aesthetics are very serious. If they'd like to come back with another proposal where there may be more land dividing it, but right now it's a transition that really doesn't transition at all. It's just that it butts up to... That's all I want to say. Thank you. Mary Stasson: My name is Mary Stasson. I live at 2461 Bridle Creek Trail and our property also will be looking out over this sea of townhomes. I, a person can tell by my sweatshirt and my earrings and everything, I'm very much into preserving the environment. I'm very, very concerned about the number of trees that would be taken out. As I look at the property on the east side of the property, a majority of those trees...that they're proposing the road right through. And we talked about these are 100 year old oak trees and... I'm very concerned about that. I'm also wondering why Town and Country couldn't...and this would allow a buffer that everyone is so concerned about between the developments...industrial over in that area. We just recently purchased our property in November. At that time we were concerned about what was going to happen over there and we had spoke to Sharmin and she said that there wasn't going to be anything unless it was back, up over on the other side of that berm. The already existing natural berm. So now to have somebody tell me different... Also I guess I'm curious how this...with the number of people that would be coming in and we are of course all of us here are concerned about depreciation of our properties... It's true at one time we've had everything from pheasants to like they said, wild turkeys to wild minks and pelliated woodpeckers and everything coming into this area so it really is a beautiful area. We'd like to see it preserved. Thank you. Peterson: Thank you. Peter Sidney: My name is Peter Sidney. I live at 2431 Bridle Creek Trail and my lot also borders the proposed development to the north. We would be about 65 feet from the back of the townhouse. I also have a number of concerns about this proposed development. It seems to me it is an appropriate use of the property. I'm concerned that it's based upon a redesignation of the zoning that was laid out in the guide plans on the industrial to medium density residential development. Sufficient justification for...economic impacts...that it was industrial behind there. We could live with that. We already have industrial to the west of us which is Chaska right now. I'd also like to address the tree issue. I have two concerns about the loss of trees. It's a beautiful area. One of the things that makes Chanhassen special is the mature trees on the property. In reading the staff report I see that the tree loss would be 65% in the residential portion of that. Going from, I believe 48% coverage down to 18% when the requirements is at least 30%. As has already been pointed out, that these trees... 29 Planning Commission Meeting - June 5, 1996 townhouses as close as 50 feet away. Another point is that I think it really does not fit the character of the rest of the surrounding area. Single family homes in Trotter's Ridge, Stone Creek, Timberwood Estates, etc. so I really believe that this is an inappropriate use of the property and I think certainly further study is warranted. Thank you. Peterson: Anyone else wish to address the commission? Roger Schmidt: My name is Roger Schmidt. I live at 8301 Galpin Boulevard. That's not in Trotter's Ridge. It's across the street...but first of all as a long time resident of Chanhassen, again I look at this is a very appropriate type of development to put in... I think maybe it might be a good idea, and some of the residents in Trotter's Ridge are interested and that they should probably take a look at some of the multi-family housing that we brought up earlier and look at, I know some of those places are not new at all but I think that some of the ones that are mentioned here in Chanhassen were probably quite a bit...as far as what type of multi-family townhome housing is and also... Also I think if you want an idea of what the backs of these look like, I'm sure you all have these. It'd depicted right here and this is probably the back, this is the area...going to see and I agree, you've got to look at the topography of the berm and the trees. I don't think it's going to be very much of a screen effect. Maybe 20 years from now...but for the next 10-15 years. That's all I've got to say. Dona Lee: My name is Dona Lee. My address is 2451 Bridle Creek Trail... First thing that we also have a wetland in our back yard and it's not on these drawings that is just... And then also just to represent the mom's, we're a very close community... There's probably 10 to 12 mothers that are home during the day. We're housewives and we see everything that goes on and this would definitely bring up a lot of different issues. I mean we'd like to support the idea of office...office buildings that are at...and they look very nice. You can hardly see them from TH 41 over to Lyman Boulevard and...thank you. Jim Stasson: My name is Jim Stasson, 2461 Bridle Creek. We've been here before. We moved from Peaceful Lane and Pleasant View Road. I think you're familiar with Frank Beddor so we've been to a lot of these things. I'd just like to point out when we decided to move, I talked with staff. They said trust us. We won't do anything that you won't like so I hope I can. Thank you. Peterson: Anyone else have any comments? Seeing none, do I have a motion to close the public hearing? Conrad moved, Joyce seconded to close the public hewing. The public healing was closed. Peterson: Ladd, do you want to tackle this one? 30 Planning Commission Meeting - June 5, 1996 Conrad: Sure. Why not? I'm going to have to sooner or later. I appreciate the comments from the residents. They're real good. Very nicely said. I'm always amazed when we get into here. Sometimes neighborhoods like things. Sometimes they don't. Just so you know, from a standpoint of good conceptual planning, what was presented tonight isn't bad. If we were to design something and say this is how to do it, what they're presenting isn't. We'd probably say this looks pretty good. City staff also represented the City Council fairly well in terms of direction so I think what you're seeing is some direction given by the Council and the city staff listened to that and working and making something happen. Real issues, you know we talk about revenue and then all of a sudden we see it and now we have to make decisions based on, I think we're pretty committed to keeping this an industrial area. And now I see a $50,000.00 amount that we may lose and you sort of say well, what do we gain, what are we losing? And it's real tough to deal with. A couple things that I see that I don't like tonight and again I'm not sure, I personally want to get this up to City Council. They set a lot of the direction on this and I think they have a lot to offer in terms of guiding this but I see a couple things that bother me and I guess some of these are words for staff. I think the community brought up some things about accuracy of the data. I think the staff has to check the accuracy of the data. Whether that be size of wetlands or setbacks or whatever, I think they brought it up enough that we should really challenge some of that. I'm concerned about the massiveness of the townhomes on the north side. I don't really like 8-plexes going into Trotter's Ridge. That just doesn't, that bothers me. It's too massive and even though I think we've grown accustomed and used to townhomes here, I still think in terms of a gradual transition, the 8-plexes are, and it looks like there's a 6 and it's hard for me to tell what's there but again, a better transition would not be a massive wall there. I'd also make sure there's a little bit better landscaping transition to the north into this particular development. I'd like to see what, you know you can, I think the developer could sell me something in terms of appearance if they had a four color elevation or rendering that I could look at but I didn't really see that. I really think the rear elevations are a problem. I wouldn't want to live next to that. I don't really have a problem putting townhomes next to single family. That's okay. But it does have to be appropriate. It does have to be something that is visually a feeling, and I didn't see that tonight so that's a real issue. So I see all these things that I just wouldn't, I couldn't accept the plan as submitted. But then I get back to the $50,000.00, the money aspect and I guess the other side of this, before I even get to the money aspect is the fact of affordable housing and this developer may do that. Now that's going to help in terms of what our guidelines are in Chanhassen so that's one of those benefits that the developer brings but in terms of the money that we're saving, or we could make in terms with the IOP there, hard to turn that down. I guess so bottom line for me is I'm going to listen to what the other Planning Commissioners have but I really see a loss of revenue to the community and although I think this is a terrific transition plan, I still have a problem losing $50,000.00 or $40,000.00 or whatever dollars it may be. 31 Planning Commission Meeting - June 5, 1996 Peterson: Thank you. Al Block: Mr. Chairman, am I allowed to insert something just to respond? Peterson: No. That hearing is closed so. Al Block: All I was going to offer...table it and we will work with the neighborhood and come up with... Peterson: We can discuss that at the end. Joyce: A lot of what I have to say kind of echoes Ladd so I'll be very brief but I do want to say that staff is under some pressure to develop, make these kind of developments. I think they did a good job. I think it's a good concept incorporating this multiple use. I'd kind of like to see it work. They have a mandate from the Metropolitan Council that somewhere, some way they have to abide by it. I certainly commiserate with the neighbors but as you guys know, this will be developed somehow. I mean we're going to lose some trees somewhere. That isn't going to be a nature park. At least I don't see that as being planned. So I did exactly what Ladd did. I put a T here and I put pros and cons and see if I could weigh this thing out. And I definitely see that there's a need for affordable housing here and this might satisfy this need so that's a plus for this development. What I'm uncomfortable about is a couple of things on this left land side, is changing the comprehensive plan. Ladd addressed that so I won't go into that any further. I'm uncomfortable about changing, totally changing the character of the area. That bothers me a little bit. A lot actually. I think it's a lot of tree loss and I think the reason for that is that the development is overly large and I'm sure that's an economic concern for the developer. I mean he has to make some sort of amends here to make his money but it's a lot of units. That's taking up a lot of trees and changing this area of our community so I'm concerned about that. Another concern I have is being a PUD, I know we'd like to see something kind of unique and I don't see it right now. I'd be willing to look at it again but it looks like all the other sea of townhouses out there and it just doesn't seem to fit into this particular area. So I would have a hard problem voting in favor of this. Thank you. Peterson: Bob. Skubic: I think staff did a fine job of reaching a compromise here to meet the needs of the city. I agree with them entirely in principle that it makes a good transition zone and offers a mix of commercial and low cost home thing and so forth. But in practice I too agree with the site and read the plan. I'm a little disappointed that there's still so much tree removal and...to Trotter's Ridge and view the area from the residents desires. I imagined what it 32 Planning Commission Meeting - June 5, 1996 would look like. There's certainly a need for buffering there and I think the applicant is attempting to address that with the berm and landscaping on the northeast side but I'm concerned on the northwest side where you have a lot of open area and that hasn't been adequately addressed. Looking at the rear elevation, it does look like an apartment complex. Especially the walkouts. A lot of windows that everything is very symmetrical and I think something should be done with that to go forward and taking Ladd's lead, I think a good diagram with some kind of pictures from the neighbors yards with elevations where you can see what the back of the units would look like with the landscaping would be very beneficial. I know we've done that in the past when we had sensitive areas like this...very convincing to what the final project is going to look like from the neighbors standpoint. I...think that the photographs that were brought in by the resident actually looked a lot better than the diagrams we have here. You might want to leave those at home next time. Regarding the medium density housing. The city really has a need for this. It has to be somewhere and it isn't a perfect fit here obviously... The industrial business areas of the city have a hard time finding employees and affordable housing is certainly a very credible use of the land here. I think there are things that have to be done in the buffer area to enhance the rear elevations of the buildings there. Peterson: Thanks. Don. Mehl: I don't have a clue as to what else to say about this that hasn't already been said. I agree with what's been discussed here and I just basically guess I can't really support it without seeing it come back with some additions and changes and further evaluation by staff from some of the points that have been brought up. Peterson: Thank you. I guess I'm a little confused. It never ceases to amaze me how the residents can, how residents look at things. I guess my perspective, if the project is right, and I think it can be, my perception, it would be better to have some type of residential between single family and IOP, and I think if this project were tweaked a little bit, I think that can be a better transition than having an office industrial park potentially 60 feet away from a back yard because as Kevin shared, it is going to be developed. I think that it seems to me to be, if we are going to change it from IOP to a medium density residential, it would be better for, a much more smoother transition to accomplish that than simply having it from single family to a small office complex or a small manufacturing company or something like that. But I also agree with Ladd that work needs to be done to make it a little different. Make it a little more acceptable between single family and the beginning of that multi-family. I think the back of the building is an issue. I think there's further ways to separate that and break it up and make it look a little more smooth, if that's the size. It's probably the appropriate thing to do. And you'd also be able to see that from the road, Coulter Boulevard. It's going to be a prominent piece as you drive by. The back of those buildings also. I assume that staff, you 33 Planning Commission Meeting - June 5, 1996 looked at the materials to be used and the colors. They're there? Okay. So I don't know whether we have an agreement on the commission or not. My sense is that there's a feeling on behalf of all of us that we would table it for the developer to work with staff and work with the neighbors to come to a more reasonable agreement as far as what types of building and the relationship between the two. But I'd like to see, personally like to see it work. But I'm frustrated I can't give the staff better direction than I'm doing. So with that, do I hear a motion? Conrad: Well I'm going to make a motion and again, this is tough. This is a tough one to make. I was ready to turn it down but I tell you what I'd like to do and it may take the community, the neighborhood to work with the developer a little bit. I'd like to give the City Council. I just thought about it. The City Council has to make the decision based on economics. That's going to be their job. Not necessarily our's here so their job will be whether they want the revenue or not and our job is to make sure we have enough land available to generate the revenue and taxes from IOP and maybe we can't do that tonight but I guess what I'd like to do is send the City Council the, if it was to be developed this way, the best possible that it could be. Which means the developer would have to come back and show us what it really could be, and I think you've heard some of the issues that the neighborhoods are saying. That doesn't mean we go along with the neighborhood, and also it doesn't mean we're going to approve the project either. I guess there are no commitments either way but I think what I'd like to, I'll make the motion Mr. Chairman to table this particular planning case #96-2 PUD, the #96-5 SPR and the #95-1B, the LUP and the #95-2B, Wetland Alteration Permit. And table it to do the following things. For staff to validate the accuracy of the information presented tonight. For the applicant to bring back a front and rear elevations of specifically, the ones I want to see are the ones that are facing the community to the north. Three, I'd like to see a real landscaping plan. An aggressive landscaping plan that the developer would put between this project and the property to the north. And I'd like to see Dave and the engineering department maybe reassure the neighborhood that the water issues can be solved. The buffering I'm concerned with, not only to the northeast but also to the northwest. I think we should take a look at that. So that's a lot of work and again, there's a lot of work that we're laying on folks but I think at least when this gets to City Council, Council will have a decent alternative to vote on and make a choice. That's my motion. Peterson: Is there a second? Joyce: Second. Peterson: Any further discussion to that? Any other points that Ladd, I think he hit most of mine. 34 Planning Commission Meeting - June 5, 1996 Conrad moved, Joyce seconded that the Planning Commission table Land Use Map Amendment #96-1B from Office/Industrial to Residential Medium Density for the northerly 22.6 acres, conceptual and preliminary approval of PUD #96-2, preliminary plat approval for 24 lots and associated right-of-way, Site Plan Review #96-5 for 142 townhome units, and Wetland Alteration Permit #95-2B and to further review the following points: 1. The staff to validate the accuracy of the information presented by the applicant. 2. The applicant to bring back front and rear elevations of the specific units that will be located facing the community to the north. 3. An aggressive landscaping plan that the developer would put between this project and the property to the north be presented. 4. The engineering department review the water issues to reassure the neighborhood that the water issues can be solved. 5. Review the buffering to the northeast and also to the northwest. All voted in favor and the motion carried. NEW BUSINESS: Aanenson: I received a letter from Don that he's going to retire at the end of the month. From the Planning Commission. Conrad: Don? Aanenson: Don Mehl. Mehl: This Don. Aanenson: This Don. So we were sad to hear that but I did let the City Council know. We had their packet this week going out so. Conrad: How come? Mehl: The biggest problem is that I have this hearing problem and I have trouble hearing what's going on. It all started about 47 years ago. It turns out my left ear is, everything in it 35 Planning Commission Meeting - June 5, 1996 is all solidified and blocked up, all the moving parts and whatever. Something I struggle with a lot and I hoped that it wouldn't be a problem here but it has been. A lot of times I have real difficulty hearing and understanding people as they speak. Whether it be commissioners or others. Peterson: We have a hard time understanding them too. Conrad: That's too bad. Aanenson: That's all I had for new business. APPROVAL OF MINUTES: Conrad moved to note the Minutes of the Planning Commission meeting dated May 15, 1996 as presented. CITY COUNCIL UPDATE: Aanenson: The Council extended the Dolejsi plat, which is down by Lake Riley and Lyman Boulevard. They're waiting for the road needs to be completed before they can do that plat, which will probably be next year. They told PBK, where the boat sales were, to have the boats out so those were gone as of Memorial weekend so the boats are gone up there. The Arundel subdivision. Peterson: How did that go, by the way? Was it heated or not? Aanenson: Well the developers for the lease agency for the marina showed up. Not the marina people so I think that kind of concerned the Council because they didn't show up so it was more like the lease agent wanted them there worse than the other people. And then the neighboring tenant showed up too with his concerns about blockage. Then the Arundel subdivision, if you remember that's the one on the larger lots. He was still splitting...one acre lots but there was concerns so the Council did table that one. It is back on Monday night. And they did give final plat to Knob Hill contingent upon this wetland alteration permit... good compromise what you recommended now so that was it. I had a few things for ongoing items, if I could just move into that. ONGOING ITEMS: Aanenson: I did put something in your packet but I just wanted to bring you up to date. I know we had a work session where we kind of talked about some of the long range projects that we're working on. Just to tie into the southern 1995 study area. We are working on that. We've broken it up by staff people. We're also...into the Bluff Creek study. The revisions to 36 Planning Commission Meeting - June 5, 1996 the PUD ordinance, we kind of put that in the master glitch ordinance but we are going to go back and look at that as part of the housing implementation strategy for Livable Communities Act. I think Ladd brought up a good point. If we try to limit the rules we should throw out all the rules. What we want to talk about in there is maybe giving some zero lot lines or some other kind of creative, give a little bit different housing in there. What circumstance do they want so we don't have the mix of this kind of issue here, that we had tonight. How do you make that appropriate transition so we're probably looking at bringing that back here shortly. The Bluff Creek study, there is a draft. We will be bringing that back to you. I talked to Nancy about that, in a work session. It's turning out to be a pretty exciting project. There was a concern that we had with the item that we had recommended tabling tonight because we're concerned about the recommendations and how this works into the recommendations of that Bluff Creek study and is it environmentally sensitive to the flood plain and what we're trying to do there. But the task force did review the first draft. We're making a few changes but again we will bring that back to you. One of the other things we did have on there was the transition zone, buffer yard. That was approved by the Council in April. The neighborhood commercial standards. This is something that Commissioner Mancino has looked at. She was concerned about some of the areas that we have zoned commercial, whether or not the standards are such that we'd get compatibility with the surrounding neighborhood and that'd be more architectural compatibility. I think what we've found in looking at those is that either they're in the Highway 5 zone, and we've already covered that with the PUD so they're going to bring that back to you to raise your comfort level on that. The Environmental Commission, they just had their first meeting. They'll be meeting again tomorrow night...to maintain our Tree City USA status we have to have a tree commission, environmental. What we want to do is kind of make it not myopic in scope but kind of tie the wetland and tree issues and all the environmental so they're kind of getting going and what they are is just kind of a working group and making recommendations to you. They're not holding any hearings or anything like that but they'll be making recommendations to the Council and Planning Commission. One of the things that they'll be looking at too is looking at the new wetland law and Phil and I did go to a training session on that and even though the law does allow some flexibility, we're concerned about, because we've been so up front on how we handle wetlands, we want to make sure we're not taking a giant step backwards. There may be some appropriate things to look at amending but we certainly can be more restrictive than the law so that's why they've been really careful on some of these projects that say... We can do this now. Well now our ordinance still says this so we're really careful on how we approach making amendments but...something we'll be working on in the next few months. Private driveways just came up based on the last Arundel subdivision so Sharmin has an issue paper ready to go in the next packet and I think that will lead to some interesting discussion. Again the new wetland laws, we'll be working on that. Hopefully we'll have something to you in July. And then the Livable Communities Act on the June 24th City Council, I'll be presenting to them the action plan and also there will be steps that 37 Planning Commission Meeting - June 5, 1996 may result in the Planning Commission having to follow through in looking at the PUD ordinance and the like so those are some of the long range things that we're looking at. That's it. If you wanted to, maybe break into the open discussion. Peterson: Can we just spend 2 or 3 minutes talking about what we just tabled. How realistic is it for the developer to downsize, when you get to that level of pricing levels, the flexibility is obviously less. Aanenson: Well I think, depending on, I'm not sure what, we had more affordable and we said at a minimum 50 because by the time people start putting options in so maybe what it does is it takes, it pushes it closer to the margin that we wanted. At least for the minimum. Maybe before we might have had 75%. Now we definitely push it closer to the 50. So I guess, maybe there's some other things they can do to the backs of buildings that make it doable to the neighbors so I guess. Conrad: Why, seriously can't, four-plexes are selling real well. I know the product well enough to know that he can still stuff. Aanenson: Well it goes back to Southern Oaks. They did that product and that was the only product they wanted to do and so yeah. So we'll see. Conrad: But he can solve the neighbor issues I think pretty easily. If he puts in on the northern part, some four-plexes and he won't lose many units, I can't believe he was that tight to break even at 142 now. ...and I'm not trying to squeeze him. But I think he can make a better transition and appease the neighbors. Aanenson: Right. Or, and do the four's there and maybe pick them up somewhere else and make bigger units somewhere, whatever but at least along those edges where it needs to be protected, right. Peterson: The other option is Poulte has got a similar development over by Eden Prairie Shopping Center, by my office that...and basically what we ended up doing there is putting the rambler styles up against the neighbors in back so their sight lines were improved. These are the same price points. Aanenson: Right. That's one of the things we're thinking about with this PUD ordinance and how can we get those. What sort of things do we put in place for this transition of style or lot. When you start moving down so it makes it easier to do this because right now the difference is so great that it's hard...because nobody wants it. I think that it sounds like they're going to do some stuff. Hopefully we get some positive results. 38 Planning Commission Meeting - June 5, 1996 Conrad: Yeah, I think we moved them. Aanenson: Okay, should we break into the open discussion here? The public portion of the meeting was adjourned at 9:45 p.m. and an open discussion between the Planning Commission and the applicant for Villages on the Ponds was held. Submitted by Kate Aanenson Planning Director Prepared by Nann Opheim • 39 f, CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 • (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Sharmin Al-Jaff,Planner II DATE: June 12, 1996 SUBJ: Private Streets/Flag lots-Issue Paper BACKGROUND Recently, a subdivision application was submitted to the City in which a parcel to be developed, was located within an established neighborhood of eight homes. The request was to subdivide this property into two parcels and serve it through a cross access easement. The subdivision met the ordinance requirements and staff recommended approval of it. The existing lot was the largest lot within the subdivision. The Planning Commission directed staff to reexamine the Private Street/Flag lot ordinance to prevent the subdivision of land from changing the character of a neighborhood, specifically in situations where a new building site would be located in the middle of a back yard. ISSUES Staff contacted other cities to see how they handle such situations. The City of Minnetonka allows lots with reduced frontage on public right-of-way as well as flag lots or lots with no frontage on public right-of-way which access by permanently recorded easements to be considered as a variance, but may not necessarily grant it. There is a set of conditions dealing with the terrain, environmental features and the feasibility of extending a public right-of-way which the applicant would have to meet in order for the variance to be granted. The conditions are similar to those used by Chanhassen. If the City adopted the variance method, then all existing private streets will become legal non conforming. We could exclude all existing private streets by exempting them from new ordinance amendments. However staff does not believe this will resolve the issue of subdividing lots within existing neighborhoods and changing their character. Planning Commission June 12, 1996 Page 2 The private street/flag lot ordinance has been in effect since March 26, 1990, and it has served a purpose. It was created for several reasons; to decrease environmental impact by providing flexible design, to serve as an alternative in a given area where the development pattern may preclude the option of constructing a public street since it may serve only one or two lots, or to lessen the impact on lots located outside the plat(for example if a road is run along rear property lines). It may also be economically unviable to build a street. At the same time, lots having little or no frontage on a public right-of-way can provide high quality home sites that are accessed in a manner that is sensitive to these limitations. The use of private streets could also allow property owners to maximize the utilization of their land. In view of the various reasons and purposes of the ordinance, the Planning Commission has a couple of options. First, the Planning Commission may wish to adopt an ordinance that would allow parcels proposed to be subdivided and located within existing subdivisions to have a resulting area that is equal to or larger than the average lot size within a subdivision. Unplatted lots will not be affected by this ordinance since they are not part of a subdivision. We recommend that lots in the RSF district, with an area of two acres or more, in any subdivision, be exempt from these requirements, since the resulting lots will far exceed the minimum area requirement of the RSF District. The Planning Commission could also consider increased setback requirements to ensure there is an adequate distance between structures. This increased setback will protect neighboring property's privacy. The downside of requiring larger lots and increased setback is making it difficult for affordable houses to be built on such lots. PROPOSAL It is staff's opinion that what has been causing the discomfort over flag lots is the fact that the resulting layout of the front and rear yards deviates from the norm. Typically, a front yard faces neighboring front yards separated by a street, and a rear yard faces a neighboring rear yard with a possible separation of trees or fences. The layout of a house on a flag lot could make it impossible to require front yards to face each other. An alternative that could be considered would be buffering through berms, landscaping, natural topography, wooded areas, or fencing. We need to realize that any added features mean added expense. If the Metropolitan Council through the Livable Communities Act begins to promote the in-fill option, we will see more flag lots appear before us for subdivision. Added buffering will address the city's concern of protecting privacy and we will be able to achieve higher densities, however, we will not help the affordability issue. Based on the Planning Commission's input, staff will prepare any necessary code amendments. Planning Commission June 12, 1996 Page 3 ATTACHMENTS 1. Illustration of neighborhoods. 2. Minnetonka Private Street/Flag lot ordinance. ss'..:-'• • ' 1 ° SII L j:own il) UI - _: ;> Y — r� I F src�=T._ CIL - I I „ I la► ( k_,E. I ...- -- ! ... 1 : t- fi , _ _ __, : -1„._____.___/__ 1) ( ,__i_C____ 1 I ii rte; i_ ---- --- --- ----=-, Ti-- (lam-- .-i-----� I--- .11 ((11Hiri -- II I I .H I1 -___'1 'F-1.i---- • �• _ , , ' / I r1' 1 1 J -L_ =. 1 = I == 1-::__-•� � I - CI-_ , 1 177.: II I (I ! `- ii : 1 =I- I) --7, ( friL- L. ..I ____1._ ._ I 1--I 1 II-`' 71- I; -7-1 r I -1- TYPICAL SUBDIVISIONS FRONT YARD FACES STREET AND NEIGHBOR'S FRONT YARD, REAR YARD FACES REAR YARD b 1-GiG K -41 LOT FCONTAGG rr3_i I ( 'l ofL • I i ! I I I r . . /, - - i -IT: I: I , �� TNRot3GHa. ii r !%!� I - I I I.oT . DEPTH r / I .`4.Ih''. ` I 1 I IIr Irl 01c.. : I ort{ u, I i .11/ si ua-r �L - ," ..., r....• .....• .......... L OT L.Wilt i i •-••-......m. bLOGSG bOUNGARY ESTABLISHED NEIGHBORHOOD WITH A MIX OF POSSIBLE LOTS MAY-15-19% 15:43 CITY OF M I NNETONk::A 612 939 8244 P.01/01 ZONING ORDINANCE -it-brand fax transmittal memo 7671 1101=M11 SECTION 300.10 PAGE 35 L—VIONNOWENI ►. �) ue 14) I6 std ///( 14) (ii/X-11°-:%</ 1 trig .11 k_4 V55. 63- i / 1 awe a. 80 feet except for lots located on the turning circle of a cul-de-sac where 65 feet is required. b. variances to permit lots with reduced frontage on public right-of-way, neck lots or lots with no frontage on public right-of-way which access by permanently recorded easements will be considered, but not necessarily granted, only upon evidence that the following standards are --- met: - I) an extension of roadway is not physically feasible as determined by the city. If the city determines that there is the need for a roadway extension, this section shall not apply, and the right-of-way shall be provided by easement or dedication whichever is appropriate; 2) severe grades make it infeasible according to the city to construct a public street to minimum city standards; 3) the city determines that a right-of-way extension would adversely impact natural amenities including wetlands or stands of mature trees containing deciduous trees greater than 12" diameter or coniferous trees greater than 15' in height; 4) there is no feasible present or future means of extending right-of-way from other directions; 5) the number of lots to share a common private access drive does not exceed three; and 6) covenants which assign driveway installation and future maintenance responsibility are submitted and recorded with the titles of the parcels which are benefitted; (Amended by Ordinance 89-559, 7/13/89) CITY OF CHANHASSEN690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM TO: Planning Commission FROM: Kate Aanenson,AICP, Planning Director DATE: June 12, 1996 SUBJ: Villages on the Pond The purpose of this discussion on the Villages on the Ponds is to provide the Planning Commission with detailed information on the project in two work sessions. This project has evolved since the Planing Commission first gave conceptual approval in December of 1996. This project will be a mixed use development that requires a comprehensive plan amendment, rezoning, wetland alteration permit and an Environmental Assessment Worksheet. The purpose of the work session is to ensure the Planning Commission understands the scope of the project before the a public hearing is held. The work session of June 5, 1996, focused on the subdivision components: utilities and streets, grading wetlands,trees, and storm water management. This second work session on June 19, 1996, focuses on the architecture, master plan and proposed uses. g:\plan\ka\villages.pc