06-02-20-pc-sumCHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
JUNE 2, 2020
Chairman Weick called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Steven Weick, Mark Randall, Michael McGonagill, Doug Reeder,
Laura Skistad, Eric Noyes, and Mark Von Oven
STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Walters,
Associate Planner; Matt Unmacht, Water Resources Coordinator; Richard Rice, IT Manager;
Matt Kerr, IT Support Specialist; Erik Henricksen, Project Manager; and Charlie Howley, Public
Works Director/City Engineer
PUBLIC PRESENT:
Jeff Franz 8950 Sunset Trail
PUBLIC HEARING:
CONSIDER A REQUEST FOR SETBACK VARIANCES TO INSTALL A SEPTIC
SYSTEM IN THE NW CORNER OF PROPERTY LOCATED AT 565 LAKOTA LANE.
MacKenzie Walters presented the staff report on this item. Commissioner McGonagill asked for
clarification of the term non-imminent failure of the septic system. Commissioner Reeder asked
if the current septic system could be fixed. Chairman Weick opened the public hearing. No one
spoke and the public hearing was closed.
Skistad moved, Randall seconded that the Chanhassen Planning Commission recommends
that the City Council approve a variance allowing the placement of a pump line, tanks,
mound and dispersal area within the 50 foot bluff setback and the 20 foot bluff impact zone
and the 10 foot property line setback variance for the mound and dispersal area subject to
the conditions of approval and adopt the attached Findings of Fact and Recommendation:
1. The applicant must apply for and receive all necessary permits from the relevant
agencies.
2. The applicant must show proposed erosion control on survey and install erosion control
as needed to prevent off-site erosion.
3. The septic system must be located as proposed in the survey and design received buy the
City on May 1, 2020 as part of the variance request.
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4. The property owner shall enter into an Encroachment Agreement with the City for the
area of the individual sewage treatment system (septic system) that encroaches into the
public easement. The final area of encroachment shall be determined by an as-built
survey of the septic system, and the Encroachment Agreement shall be recorded prior to
issuance of the Certificate of Compliance.
5. All underground components encroaching into the public easement and identified in the
Encroachment Agreement shall be detectable by customary locating equipment (i.e. the
installation of tracer wire). The tracer wire shall be tested and approved prior to issuance
of the Certificate of Compliance.
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
PUBLIC HEARING:
CONSIDER AMENDING CHANHASSEN CITY CODE CHAPTER 20 TO REMOVE
RESIDENTIAL RESTRICTIONS FOR REGIONAL LIFESTYLE CENTER PLANNED
UNIT DEVELOPMENTS (PUD).
Kate Aanenson presented the staff report on this item. Commissioner McGonagill asked for
clarification of the definition of a lifestyle center and the logic behind changing the percentages.
Commissioner Reeder asked for clarification on why the percentage for residential is being
changed from 20 to 30 percent. Chairman Weick opened the public hearing. No one spoke and
the public hearing was closed.
Von Oven moved, Reeder seconded that the Chanhassen Planning Commission
recommends that the City Council remove the 20 percent cap from regional commercial
centers and allow the residential component to be constructed before the commercial
component. Lifestyle centers would still be subject to the standards and guidelines
contained in Section in 20-509.
The proposed amendment would read as follows:
Section 20-502 – Allowed Uses.
Specific uses and performance standards for each PUD shall be delineated in a development
plan.
(1) Each PUD shall only be used for the use or uses for which the site is designated in
the Comprehensive Plan. Specific uses and performance standards for each PUD shall be
delineated in a PUD development plan.
(2) Where the site of the proposed PUD is designated for more than one land use in the
Comprehensive Plan the City may require that the PUD include all the land uses so designated or
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such combination of the designated uses as the City Council shall deem appropriate to achieve
the purposes of this article and the Comprehensive Plan.
(3) Residential development in a regional/lifestyle center commercial PUD may only
occur in conjunction with a commercial or office development and may not encompass more
than 30 percent of the proposed development.
All voted in favor, except for Commissioner Skistad who opposed, and the motion carried
with a vote of 6 to 1.
PUBLIC HEARING:
CONSIDER REVISED PRELIMINARY PLAT AND AMENDMENT TO THE AVIENDA
PUD.
Kate Aanenson introduced Mark Nordland and Eric Padget with Level 7 Development who
provided background information on this project. Kate Aanenson and Erik Henricksen
presented highlights from the staff report on this item. Commissioner McGonagill asked for
clarification on how the sub-districts would develop, height of buildings allowed in each sub-
district, lighting regulations, and the signage plan. Commissioner Reeder asked how similar
architectural styles will be achieved, he commended the use of underground stormwater storage,
timing for construction of the ring road, the amount of on surface parking and the possible use of
a parking ramp. Commissioner Von Oven asked staff to explain how the plan went from having
5 retaining walls to 2, the number of drive thru’s available on the site, and review of the parking
plan. Commissioner Noyes asked at what point changes can no longer be made to the plan.
Commissioner Skistad asked for clarification on the height of buildings in Section 2 before
commenting she likes the changes to the plan. Commissioner McGonagill asked about the
proximity of parks and playgrounds to residents within Avienda. Chairman Weick asked where
the plan stood on the 30 percent residential before calling the public hearing to order. No one
spoke and the public hearing was closed.
Reeder moved, Noyes seconded that the Planning Commission recommends approval of
Planning Case 2017-19 to rezone 118+/- acres of property zoned A-2, Agricultural Estate
District to Regional Commercial-PUD Subdivision contingent upon final plat approval, as
shown in plans from Landform dated April 14, 2017 and June 12, 2017 and adoption of the
Findings of Fact and Recommendation. All voted in favor and the motion carried
unanimously with a vote of 7 to 0.
PUD
Reeder moved, Noyes seconded that the Chanhassen Planning Commission recommends
that the City Council approve the Rezoning of 118 +/- acres from Agricultural Estate
District, A-2 to PUD Regional Commercial including “Exhibit A Avienda Design
Standards”. All voted in favor and the motion carried unanimously with a vote of 7 to 0.
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SUBIDIVISION
Reeder moved, Noyes seconded that the Chanhassen Planning Commission recommends
that the City Council approve the Subdivision Preliminary Plat creating 19 lots, 3 outlots,
and dedication of public right-of-way, plans prepared by Landform dated May 1, 2020,
subject to the following conditions:
Engineering
1. If subsequent phases require retaining walls they shall be privately owned and
maintained.
2. As large, landscaped boulevards are proposed, the applicant shall add a note to the typical
sections to identify a corridor for installation of private utilities such as power,
communication, gas, etc.
3. The applicant shall show the road profiles and a horizontal alignment table in the plan set
for all public roads prior to final plat.
4. The public roads constructed with this development are: Bluff Creek Boulevard,
Avienda Parkway, Sunset Trail and Mills Drive. All other roads and drives constructed
with this development will be privately owned and maintained.
5. The applicant proposes an Ultimate Plan for the Bluff Creek intersection with Powers
Boulevard that includes two-lane entry into the roundabout. The city requires this
Ultimate Plan be constructed at this time, but the roadway can be striped for one-lane
only.
6. Staff recommends the applicant add traffic calming measures to Avienda Parkway near
the residential areas of development. Specifically, the applicant shall incorporate
pedestrian-friendly crossing features to the intersection at Mills Drive and Avienda
Parkway.
7. Trails and pedestrian walks not located within public right-of-way shall be privately
owned and maintained.
8. ADA-compliant pedestrian ramps shall be constructed at all intersections and median
refuges per the MnDOT standard details.
9. Sanitary and water main structures shall not be located within landscaped medians or
roundabouts. Final review of the location of sanitary sewer mains and water mains, and
their appurtenances, will be conducted prior to final plat and/or permitting.
10. All sanitary and water mains constructed within the right-of-way shall be publically
owned and maintained.
11. Private sanitary and water mains shall inspected and constructed to meet the city’s
requirements for public utilities.
12. The developer will be required to complete the water main loop along Lyman Boulevard.
13. Permanent stormwater management controls and the associated permits are required in
accordance with all underlying jurisdictional authorities, including but not limited to the
Riley Purgatory Bluff Creek Watershed District, prior to construction activities.
14. The applicant must provide a figure clearly identifying the areas to be irrigated with areas
quantified, which is not included in the current plans.
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15. The portion of the development with single-family housing must pay a water and sanitary
service partial hook-up fee at a rate in place at the time of replat. The remaining hook-up
fees would be paid with the building permits.
16. The developer shall work with the Building Department to determine the city SAC and
WAC fees for commercial and multi-family buildings. The hook-up fees for commercial
and multi-family buildings are due with the building permit at the rate in place at that
time.
17. The developer shall escrow funds for installation of traffic signals at Sunset Trail, Powers
Boulevard and Audubon Road. The escrow amount shall be based on the Carver
County’s cost participation policy as published on their website.
18. It is the applicant’s responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDot,
Carver County, RPBC Watershed District, Board of Water and Soil Resources, PCA,
etc.).
19. A drainage and utility easement shall be placed over any outlots.
20. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary
Zone to the city.
Landscaping
1. Parking lot islands shall be linear areas incorporating planting area and stormwater
management.
2. If the applicant chooses to install the minimum requirement sizes of parking lot
landscaping islands, then silva cells, engineered soil or other accommodations must be
used.
3. No more than 20% of the total trees should be from any one genus and no more than 10%
should be from any one species.
4. A reuse watering system should be considered to irrigate all plantings within the site.
5. Drought tolerant plants shall be incorporate into the overall landscape plan.
6. Proposed landscaping plant materials shall be selected based on site conditions.
7. At a minimum, overall tree cover should be at least 20-25% or higher in commercial
areas and a minimum of 30-35% or higher in residential areas.
8. Any landscaping located within the ROW shall be covered by an encroachment and
maintenance agreement.
Park and Trail
1. Incorporate meaningful park-like places, including the provision of appropriate recreation
equipment, site furnishings, and landscaping adjacent to residential components.
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2. Preserve the woodlands identified in the Bluff Creek Overlay District. Provide a blanket
trail easement over the entire preserved area to accommodate the installation of natural
surface public trails.
3. Provide an attractive public trail connection from the north entering the Bluff Creek
Overlay District.
4. Incorporate traffic calming into all pedestrian crossing locations.
5. Full park dedication fees shall be collected per city ordinance in lieu of requiring
parkland dedication.
Building Official Comments
1. The buildings are required to have automatic fire extinguishing systems.
2. A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
3. Retaining walls over 4 feet high require a building permit and must be designed by a
professional engineer.
4. Building plans must be prepared and signed by design professionals licensed in the State of
Minnesota.
5. Building plans (when submitted) must include a code analysis that contains the following
information: Key Plan, Occupancy Group, Type of Construction, Allowable Height and
Area, Fire Sprinklers, Separated or Non-Separated, Fire Resistive Elements (Exterior walls,
Bearing walls - exterior or interior, Shaft, Incidental Use), Occupant Load, Exits Required
(Common Path, Travel distance), Minimum Plumbing Fixture Count.
6. Detailed occupancy related requirements will be addressed when complete building plans are
submitted.
7. Structure proximity to property lines (and other buildings) will have an impact on the Code
requirements for the proposed building, including but not limited to allowable size, protected
openings and fire-resistive construction. These requirements will be addressed when
complete building and site plans are submitted.
8. Every building, containing any plumbing fixtures and/or receptors, must have its own
independent connection with a public or private sewer, except that a group of buildings may
be connected to one or more manholes which are constructed on the premises and connected
to a public or private sewer. (MSPC 713.0)
9. The developer must submit a list of proposed street names for review and approval prior to
final plat of the property.
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Fire Department Comments
At the time of site plan, review the design for the private street, adjacent to the preservation
area that accesses the Senior Housing and Townhouses needs to accommodate for emergency
apparatus.
Conditional Use Permit
The Conditional Use Permit was already approved and will be reaffirmed with the revised
preliminary plat with City Council approvals.
“The Chanhassen Planning Commission recommends that City Council approve the Conditional
Use Permit to encroach into the Primary Zone and required buffer for the construction of Bluff
Creek Boulevard subject to conditions in the staff report:
1. The developer shall dedicate the Conservation Easement containing the Bluff Creek Primary
Zone to the city.
2. The developer shall provide the city with a management plan for the area and submit to the
city for review.
3. Monuments indicating the Bluff Creek Overlay District shall be placed at every other
property corner and at an angle of deflection greater than seven percent, but in no case
shall they be greater than 150 feet apart.
4. The developer shall not encroach into the Bluff Creek Primary Zone.
5. The developer shall comply with the with the 40-foot Primary Zone setback and preserve or
create a 20 foot buffer from the Primary Zone.
6. The buffer will be required to have a vegetation management plan and soil amendments.
Wetland Alteration Permit
The Wetland Alteration Permit was already approved will be reaffirmed with the revised
preliminary plat with City Council approvals.
The Chanhassen Planning Commission recommends that City Council approve the Wetland
Alteration Permit to 4.4659 acres of permanent wetland impacts subject to conditions:
1. The applicant needs to supply the needed additional information to the city. The
additional information is needed to determine if the project meets the WCA requirements.
2. A Technical Evaluation Panel (TEP) meeting is needed to review the application.
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3. If the application is deemed to meet the avoidance and minimization criteria of the WCA,
a mitigation plan that adequately replaces wetland functions and values is needed.
4. City staff has reviewed mitigation options. City staff recommends the applicant provide
wetland mitigation via the purchase of wetland bank credits, at a ratio of 2:1, in
accordance with WCA requirements. This condition has been met - see attachment.
5. The applicant shall contribute $300,000 to the city for water quality improvement
projects within the watershed.
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
PUBLIC HEARING:
CHAPTERS 1, 18, 19, AND 20 STORMWATER AND WETLAND ORDINANCE
AMENDMENTS AND LOCAL SURFACE WATER MANAGEMENT PLAN UPDATES.
Matt Enmacht presented the staff report on this item. Chairman Weick asked for clarification on
what happens when a project falls under two WMO’s. Commissioner McGonagill asked about
ownership of dedicated drainage and utility easements. Commissioner Reeder asked if
developers are paying the cost for the City to review watershed plans, if it is common for other
cities to be the permitting authority, and how the City will handle changes made by the WMO’s
in the future. Commissioner Von Oven asked for clarification on why the WMO’s were okay
with these proposed changes. Chairman Weick opened the public hearing. No one spoke and
the public hearing was closed.
McGonagill moved, Von Oven seconded that the Chanhassen Planning Commission
recommends the approval of updating ordinances amending Chapters 1, 18, 19, and 20 to
align city ordinance with the Local Surface Water Management Plan and updated local
Watershed Management Organization Rules. All voted in favor and the motion carried
unanimously with a vote of 7 to 0.
APPROVAL OF MINUTES: Commissioner Skistad noted the verbatim and summary Minutes
of the Planning Commission meeting dated May 5, 2020 as presented.
ADMNISTRATIVE PRESENTATIONS. Kate Aanenson presented updates on action taken
by the City Council at their May 26th meeting and noted that there were items scheduled for the
next two Planning Commission meetings.
McGonagill moved to adjourn the meeting. All voted in favor and the motion carried
unanimously with a vote of 7 to 0. The Planning Commission meeting was adjourned at
9:50 p.m.
Submitted by Kate Aanenson
Community Development Director Prepared by Nann Opheim