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07-20-2021CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES JULY 20, 2021 CALL TO ORDER: Vice Chairman von Oven called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Laura Skistad, Eric Noyes, Mark von Oven, Erik Johnson, Doug Reeder, and Kelsey Alto MEMBERS ABSENT: Steven Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; George Bender, Assistant City Engineer; Erik Henrickson, Project Engineer. PUBLIC PRESENT: Robert Boecker 610 W. 96th Street Gary & Lane Burdick 731 W. 96th Street Dr. Carissa Haverly 750 W. 96th Street Roger & Kim Lee 600 W. 96th Street Elaine & Johnnie Meyering 1050 Homestead Lane Andrew Riegert 620 W. 96th Street Martin Schutrop, Schutrop Building & Dev. Corp. 540 Lakota Lane, Chaska Chairman von Oven reviewed guidelines for conducting the Planning Commission meeting. Vice Chair von Oven stated both Public Hearings will go before the City Council on Monday, August 9, 2021. PUBLIC HEARING: CONSIDER A REQUEST TO REZONE PROPERTY FROM AGRICULTURAL ESTATE DISTRICT (A2) TO SINGLE-FAMILY RESIDENTIAL (RSF) AND SUBDIVISION OF PROPERTY INTO 21 SINGLE-FAMILY LOTS WITH VARIANCES AT 775 96TH STREET W. Senior Planner Generous presented the staff report on this item, noting the applicant is requesting the rezoning of the property, which would be consistent with the Comprehensive Plan and subdivision approval to create 21 single-family lots and several outlots with dedication of public right-of-way. The property is zoned Agricultural Estate District (A2) which is really a holding district in the community and is guided for residential low-density uses which permits densities of 1.2 to 4 units/acre. The proposed density of the part they are platting with the first phase would be 1.69 units/acre and is within the density range permitted by the Comprehensive Plan. There is a large wetland complex on the eastern portion of the property and a portion of the site is heavily wooded; the applicant has allowed the neighbors to use the wooded area as a walking area and permitted horse trails. Mr. Generous noted the RSF district is consistent with the Planning Commission Minutes – July 20, 2021 2 Comprehensive Plan and looked at other districts but none were really appropriate. Staff is in support of rezoning to RSF which is consistent with the land use and is also one of the most common for single-family homes in Chanhassen. The subdivision would create 21 single-family homes on the eastern part of the subdivision and replat the farm site; access would be via public streets from Eagle Ridge Road to the north and 96th Street to the south. City sewer and water would be extended into the project and would move the current lift station on the north side of the project to the very south side of the project and it will be sized sufficiently to handle additional sanitary sewer. As part of the development, the applicant is also providing stormwater treatment. As part of the first phase of development, there is not a lot of tree preservation as there is a huge knoll (shown onscreen) and to bring it down and make it suitable for development they will have to do quite a bit of grading so that entire area will be disturbed. Mr. Generous also noted another area to be disturbed to provide stormwater ponding. There is a significant amount of tree replacement that needs to be done and current analysis says that is 273 trees. Project Engineer, Erik Henricksen, presented and noted staff conducted a review of the grading and drainage plan and found that it is in general conformance with ordinances and standards. There are a few areas that would be “Do Not Disturb” areas, one being on Outlot A, a small portion on Lot 10, Block 1, to save an old, very significant oak tree, and some other preserved areas. Grading is proposed on Outlot E and the City is working with the developer’s engineers to see an exhibit of the ultimate build-out and grading plan for the area to be sure there is no adverse drainage impacts to the lots located on Block 2. Earlier this year, the property was issued grading Interim Use Permit #2021-03 for the dredging of a wetland north of the proposed development and the applicant is about midway through completion and there is a stockpile of wetland spoils which are not conducive to engineering fill or house pad support and they will want to ensure that is relocated or removed. Mr. Henricksen walked the Commissioners through public sanitary and water mains including 8” sanitary sewer, 12” trunk main, and relocation of an existing temporary lift station. Lift Station #20 at the end of W. 96th Street would be removed and all of the sanitary sewer after W. 96th Street is reconstructed would be accommodated with the oversizing of the new lift station. The applicant has provided preliminary designs for that lift station and it does prove feasible. The City is still working through plans to get a final location for the lift station. Finally, the oversizing of all of the public utilities required would be reimbursed by the City, including the 12” PVC trunk main and the lift station. Mr. Henricksen walked the Commissioners through public storm sewer and said the applicant’s approach to stormwater management is feasible through the use of a baffle, catch basin sumps, and filtration pond. Staff is working with the applicant to find a more ideal access to this public facility as right now it is located in backyards which can sometimes prove difficult to get access to for maintenance dredging. Street connectivity goes from the termination of Eagle Ridge Road with W. 96th Street which was a requirement from Public Works and Fire for emergency vehicle access. The applicant is asking for a variance from the typical street width which is proposed to be 26 feet wide rather than 31 feet wide because it is single loaded with houses on one side and to save additional trees. Staff recommends approval of that with the condition of a sidewalk installed on that portion. A nature trail is proposed with a mid-block crossing and staff is working with the developer to find a different location. Mr. Henricksen walked the Commissioners through potential street collector roads and design alternatives to improve the traffic flow. An ideal water tower location was noted on screen and spoke about as a W. 96th Street improvement tentatively scheduled for 2026. Planning Commission Minutes – July 20, 2021 3 Mr. Generous said there are four variance requests, of which three are from the Zoning ordinance. First, seven lots have less than 90 feet of frontage, however when they go back to the building point they all meet or exceed the 90 foot requirement so staff is in support of that. Second, they are requesting setback variances for Lot 1 which is the most northerly lot and is directly next to the Foxwood development and the front setback would match the smaller setbacks of that development; because it is between the roadway and the wetland they are also requesting a variance from the wetland setback on the back. Eagle Ridge Way is proposed to be a 26-foot wide road and staff is in support of all the variance requests with this development. Staff believes the applicant will be able to preserve wetlands in their current conditions. Staff is recommending approval of the rezoning, approval of the Preliminary Plat with variances for the street width and front yard setback, wetland setback, and street frontages subject to the conditions in the staff report, and adoption of the Findings of Fact and Recommendation. Commissioner Reeder asked the City’s frontage requirement. Mr. Generous replied it is 90 feet. Commissioner Reeder asked how small the lots are that are being asked for variances. Mr. Generous replied the smallest width was approximately 87 feet. He reiterated once they get to the 30-foot setback they meet or exceed the 90 feet of width. Vice Chairman von Oven asked on the proposed width of the street that needs the variance, are there any concerns with fire trucks or ambulances getting through that area? Mr. Henricksen noted there are no concerns from the Fire Department, and Fire Code does state the minimum width for private streets is about 20 feet. There are certain requirements that must be met, Fire performed a review, and there were no flags raised. Public Works and Engineering does not have a concern other than keeping pedestrians on a sidewalk and out of the street. Mr. Generous stated one side of the street will be signed as “no parking.” Vice Chairman von Oven asked to see the slide with concerns about water. He asked if staff could predict what the applicant will come back with for drainage and where the water will go. Mr. Henricksen noted the applicant provided sheets that show the detail of the high point in the back and demonstrated some routes on screen and stated they do want to ensure feasibility and ensure everything has been checked so there are no impacts to the existing lots. Vice Chairman von Oven asked, regarding the oversizing of the lift station, will that choice have any negative impacts on the residents of W. 96th Street, whether it is a temporary shutdown or changeover? Mr. Henricksen stated sewer and water should and will always be provided during construction and reconstruction of the W. 96th Street corridor. The oversizing of the lift station will be Planning Commission Minutes – July 20, 2021 4 oversized and built to accommodate when that construction occurs. He explained more about gravity, current lots, and future lots and the future lift station. Commissioner Reeder asked if there was a tree survey done and if he can see where the trees are currently and where they will be taken down. Mr. Generous explained the trees are all throughout the area. Mr. Henricksen showed a satellite view and explained tree coverage. Commissioner Reeder asked if there will be any trees left in the area they are currently developing. Mr. Generous replied, yes, and pointed out the areas on screen, including a large oak that they want to preserve. Commissioner Alto noted it was mentioned that the rezoning fits into the 2040 Comprehensive Plan and asked how many other areas there are in Chanhassen that could be up for development for that plan. Mr. Generous stated Residential Low Density (RLM) is the largest land use; west of Highway 101 is guided for RLM as well so once sewer and water becomes available they could redevelop. Commissioner Alto said it looks like the W. 96th Street neighborhood is older than Eagle Ridge. She asked if the developer knew the price point of the proposed development versus the price point of the houses below and above. Mr. Generous believes the same developer that did Foxwood is interested in this and the applicant could speak about that. A representative from Black Cherry Development, Tim Erhart, approached the podium and said he and his wife bought the property when they moved to Chanhassen in 1980 and moved onto the old farm site and rebuilt the house. He got into the hobby of growing, cultivating, and straightening trees, and building trails; they also built or restored seven ponds on the property and it has been a beautiful and fun nature project. He wants to see it properly incorporated into the enclave of south Chanhassen with trails and further pond development. He shared the history of how the project came to be and noted two years ago he had no notion of selling any of the land and a friend from Gonyea stated they had excess sewer capacity on the temporary lift station and were out of lots so asked if he would be willing to sell some land. He feels very comfortable about the project as it is today. He pointed out the last wetland that he wanted to restore is about halfway done. He noted, regarding trees, it was submitted that they would clear out all of the trees for the houses and that is not the case. Now that tree preserve will allow individual lot owners to optimize their lot, he believes that will lead to a lot less tree removal than shown on the plan. He loves trees and is working very hard to make it good. Regarding the prices of the homes, he believes other homes in Foxwood are going for $800,000-$950,000 although it is a tough question. Planning Commission Minutes – July 20, 2021 5 Vice Chairman von Oven opened the public hearing. Dr. Carissa Haverly, 750 W. 96th Street, had some concerns. First, she would ask the Planning Commission to understand that hooking up W. 96th Street to Eagle Ridge is because of the Fire Department requirement, but will drastically change the character of the neighborhood and traffic that flows through. It is a tight-knit community and everyone knows one another; she asked that the City be mindful of the decisions they are making and the way it will affect residents. Second, she had a grave concern in being forced to hook up to sewer and water and being charged a hefty assessment fee. She works three part-time jobs, her husband works full- time and part-time and if the City requires them to no longer use their well and sewer, it will cost them a lot of money. She is concerned that there may be others in the neighborhood that also fall into that category. Finally, Dr. Haverly said regarding the reconstruction of W. 96th Street to include sidewalks, her property is one of the end properties on the development and W. 96th Street goes onto her property and uses part of the utility easement. In looking through City Code, Section 18-64 through 18-77, Article 4 describes easements as the front 10 feet of one’s property provided for utilities. Division 5 Section 20-379 defines utilities as sewer, gas, electrical, and water systems but it does not say that the City may use her property for roads and sidewalks. She then did a search on eminent domain and could not find it. She wonders what recourse the City has for using her property for this street and sidewalks and every single resident will be giving up a hunk of their front yards in order to accommodate this, which is eminent domain and requires some fiscal compensation. Vice Chairman von Oven noted she keeps referring to 76th Street and he does not know what that is. Dr. Haverly replied she is nervous and she meant W. 96th Street. She asked to show the ghost plat of the subdivision and pointed out her property and utility easement; this does infringe on her property and they can definitely come to some kind of agreement or conclusion. Elaine Meyering, 1050 Homestead Lane, saw on the map that they are proposing a road through their cul-de-sac and stated they are against that and do not want that to go through. She noted on the map showing the future that a road may go through the cul-de-sac on Homestead Lane and on Flintlock Trail for future development of the area. If that happens, she wonders when and if they would be assessed fees for City sewer and water, as well as curb and gutter. She also asked if the properties would stay the way they are on Homestead Lane or rezoned into smaller lots. Commissioner Noyes asked to clarify in extending W. 96th Street to the west it appears that would potentially connect with Flintlock Trails and Homestead Lane both coming in from the south. Ms. Meyering replied yes. When looking at the map A, B, C, D, she asked if those are water towers. Mr. Henricksen said from the 2040 Comprehensive Plan this property was analyzed to have a water tower on it at some location and the developer’s engineer has provided three locations that Planning Commission Minutes – July 20, 2021 6 would meet the requirements. There will not be a need to install three water towers but there are three possible locations identified. He showed the most ideal location from staff’s point of view. Ms. Aanenson, Community Development Director, noted one of the first things staff does is to show a potential alignment for the street because it is in the Comprehensive Plan that the street must connect. The intention here is that it is transparent that there is a potential for connection. Will it happen? They will have to decide as the rest of the street comes in, and they know there is a potential for water sites so people can plan for that in the future. It is not the City’s intention to rezone the property on W. 96th Street nor to rezone the property south. The goal in moving forward is as systems fail (septic and sewer) there is another alternative to provide for those houses, as there have been situations where systems fail and people cannot sell their home. They are always planning for other options but does not mean that it has to go through at that time; they are saying there are options to provide sewer and water access to those and some of those decisions are also made by the Fire Department. She clarified today they are looking at this project to show what could happen over there. Kim Lee, 600 W. 96th Street, noted four bullet points on a document, regarding construction traffic on W. 96th Street. Included is further deterioration of the road, and she noted they would like to maintain the current cul-de-sac with no through traffic. The proposed construction access from Powers Boulevard in line with the current ghost plat, they know the construction is not just the first 21 houses but will eventually extend and all of that traffic will go on for 3-5 years as this is not something short-lived. If it was at least looked at through Powers, there is no one there, and then W. 96th Street won’t be affected until possibly 2026. She noted they know it is eventually coming, but none of those homes would be interrupted until that time. Chairman von Oven closed the public hearing. Commissioner Alto asked if it is determined that all construction traffic would enter through W. 96th Street or would it be split between Eagle Ridge. Mr. Henricksen replied ideally it would be split. It is not atypical for public right-of-ways to be used for construction access when they see developments extending from existing right-of-ways. Through construction planning to have two routes and access points to the development would be sought after. With W. 96th Street being slated for reconstruction in the future, it is an ideal location to have construction traffic. Commissioner Alto asked if it is possible to ask the developer to use the Powers connection as a construction road. Mr. Henricksen noted they looked at that possibility but found it infeasible with the proposed development and not necessarily prudent or reasonable. Commissioner Reeder asked what made it infeasible. Mr. Henricksen replied it comes into construction means and methods in looking at getting a delivery when there is a road that is unplatted and does not have addresses. Planning Commission Minutes – July 20, 2021 7 Assistant City Engineer, George Bender stated it is someone’s property and to make the requirement – rather than request – as a condition of the development goes to the reasonability of the request. Commissioner Noyes asked if the western part was being developed now, would the access come down W. 96th Street for construction? Mr. Henricksen replied no. It would come off Powers Boulevard. He noted reconstruction of W. 96th Street is highly contingent on the future developments. Mr. Generous clarified the westernmost portion is guided for office development; it is really market-driven and if someone wanted to come in and do that they would probably require making the connection from Powers Boulevard. He clarified there is a large ridge right there that will have to come down to meet the 7% slope requirements of the City. Commissioner Skistad asked if W. 96th Street is currently a mound and well system for sewer and water. Mr. Generous clarified they have sewer connection, but not everyone has water. Mr. Henricksen replied they have tanks in their backyard which then flow to the gravity system in W. 96th and then goes to Lift Station 20 and gets pumped across Highway 101 to another gravity system. It would be ideal to have a normal sewer pipe there as the tanks are an area of Infiltration and Inflow (I and I) so they are seeing surface water and ground water leeching into the sanitary system. It is an issue the City is dealing with as a whole but W. 96th Street has exhibited a higher I and I than normal and it is believed to be tied to the tank system tied in there. Commissioner Reeder asked what the policy is if and when they put that pipe in. Do they require a hook-up? Mr. Generous replied if one is within 150 feet of the sewer line, they are required to connect. A well may be maintained until it fails and then one cannot drill a new well but would have to connect. Mr. Henricksen believes the 150-foot requirement is also linked to new construction. Vice Chairman von Oven noted this Commission has approved two variances in the last six months in his neighborhood which has resulted in a ton of construction traffic and drives him nuts. However, it was the right thing to do because the variances followed the City plan and it is the right of the property owner to do with their property what is allowed by the City. From his point of view, the Commission has a set of plans and variances before it that do not vary widely from what the City expects and that a property owner is not going beyond their rights. He does not see anything on the map that City Code gives reason to say one cannot do that, which is also why he believes staff is recommending approval for City Council. Planning Commission Minutes – July 20, 2021 8 Commissioner Reeder thinks the construction traffic on W. 96th will be outrageous. He has lived with this in the past and he thinks it will be a large problem for the City for the five years it takes for things to be built. Vice Chairman von Oven does not disagree but he does not feel it is within their rights to force the property owner to go in through Powers. Commissioner Alto moved, Commissioner Johnson seconded that the Chanhassen Planning Commission recommends that the City Council approve the rezoning of the development from Agricultural Estate District (A2) to Single-Family Residential District (RSF); preliminary plat with variances for street width, front yard setback (Lot 1, Block 1), wetland setback (Lot 1, Block 1) and street frontages (Lots 3 through 9, Block 1) subject to the conditions of the staff report and adoption of the Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: CONSIDER A REQUEST TO REZONE PROPERTY FROM AGRICULTURAL ESTATE DISTRICT (A2) TO SINGLE-FAMILY RESIDENTIAL DISTRICT (RSF) AND SUBDIVISION APPROVAL OF TWO LOTS AND ONE OUTLOT WITH VARIANCES FOR A PRIVATE STREET AND PRIVATE STREET WIDTH AT 9197 EAGLE RIDGE ROAD Mr. Generous presented the staff report and said Planning Case #2021-15 is a rezoning and subdivision approval to create two lots, one for the existing home and the other for a new building site. The approval comes with variance requests for a private street, as currently the lot is accessed via a private street and they would extend that to serve the two lots. There is also a request to have less than a 20-foot wide private street because of retaining walls on site in the wetland. The site is guided for residential low density which permits densities of 1.2 to 4 units/acre. Sewer and water are stubbed to the end of the private street but are not connected to the homes. There are wetlands in the northeast and south side of the property. Mr. Generous spoke about utilities and tree removal. Mr. Henricksen reported there are no public utilities or street connections. As presented and shown, the grading plan is feasible and meets the ordinances. Construction plans will require some updates and will be reviewed during the building permit process. Mr. Generous stated City Code permits the use of private streets for up to four single-family homes. He advised the applicant that they need the Fire Marshal to sign off on the variance for design standards for a private street. The applicant is proposing to use wetland buffering which the Watershed District must approve. Staff is recommending approval of the rezoning and the subdivision with the variance for the private street and private street width subject to the conditions of the staff report and adoption of the Findings of Fact and Recommendation. Commissioner Skistad asked how long the private road would be. Planning Commission Minutes – July 20, 2021 9 Mr. Generous replied about 200-300 feet. Commissioner Alto asked if the trail across Highway 101 that plans to connect to Bandimere Park will be constructed. Mr. Generous replied not as part of this development. Currently, there is an underpass under Highway 101 and they would be looking for the connection in the future. Commissioner Noyes asked if that connection is in an easement or on an outlot that the City would own. Mr. Generous noted that is up to the developer. The City would prefer it as an outlot that the City would own, but if the developer wanted to keep it, then they could and place a drainage, utility, and trail easement for a future trail alignment. The Council discussed trail crossings and their preference is not to have trail crossings mid- block. Mr. Henricksen noted the newly formed Traffic Safety Committee developed earlier this year is developing a safe crosswalk policy which deals directly with mid-block crossings to have certain criteria for when and if they are installed and what type of improvement. Martin Schutrop, Schutrop Building, noted there will be a shared agreement on the driveway for maintenance and plowing. The current house has already been sold and will be remodeled and updated. Vice Chairman von Oven opened the public hearing. Vice Chairman von Oven closed the public hearing. Commissioner Noyes moved, Commissioner Skistad seconded that the Chanhassen Planning Commission recommend that the City Council approve the rezoning from Agricultural Estate District (A2) to Single-Family Residential District (RSF), a two-lot, one outlot subdivision with a variance for the use of a private street and private street width subject to the conditions of the staff report; and adoption of Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner Noyes noted the minutes of the Planning Commission meeting dated July 6, 2021 as presented. ADMINISTRATIVE PRESENTATIONS: Ms. Aanenson presented highlights of action taken by the City Council on planning matters. At the last Council meeting, the Avienda Final Plat was approved, and there was a Metes and Bounds subdivision for a salon. Regarding the interim use for the driving range, the City sent out Planning Commission Minutes – July 20, 2021 10 for jurisdictional review and received a response from the DNR that they had no comments from the Biology and Wildlife person. During the City Council meeting out of the blue, someone from the DNR Wildlife got up and noted he had no problems and had met with the applicant the previous Friday. The City sent a letter that it would have been nice if they had communicated that with them. ADJOURNMENT: Commissioner Noyes moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:46 p.m. Submitted by Kate Aanenson Community Development Director