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PC SUM 2006 03 21 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES MARCH 21, 2006 Chairman Sacchet called the meeting to order at 7:00 p.m. and outlined the agenda and rules of procedure for the meeting. MEMBERS PRESENT: Debbie Larson, Uli Sacchet, Dan Keefe, Mark Undestad and Jerry McDonald MEMBERS ABSENT: Kurt Papke and Deborah Zorn STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; Lori Haak, Water Resource Coordinator; Alyson Fauske, Assistant City Engineer; and Justin Miller, Assistant City Manager REVIEW OF SAND COMPANIES TIF PLANS TO ENSURE CONFORMANCE WITH COMPREHENSIVE PLAN. Justin Miller presented the staff report on this item. Chairman Sacchet asked for clarification of the math and the Planning Commission’s role in this request. Resolution #2006-01: McDonald moved, Larson seconded that the Planning Commission adopt the attached resolution that you just read, resolution of the City of Chanhassen Planning Commission finding that a modification to the redevelopment plan for the downtown Chanhassen redevelopment project area and a tax increment financing plan for Tax Increment Financing District No. 9 conform to the general plans for the development and redevelopment of the city. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: LAKE RILEY/RICE MARSH LAKE WATER QUALITY IMPROVEMENT: REQUEST FOR A WETLAND ALTERATION PERMIT FOR EXCAVATION AND MAINTENANCE OF FIVE (5) STORM WATER PONDS FOR THE PURPOSE OF IMPROVING WATER QUALITY IN THE RICE MARSH LAKE AND LAKE RILEY WATERSHEDS, PLANNING CASE NO. 06-06, RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT. Public Present: Name Address Ken & Liz Nystrom 8501 Tigua Lane Bob Myers 8131 Dakota Lane Kathy Slavics 8140 Dakota Lane Planning Commission Summary – March 21, 2006 Lori Haak presented the staff report on this item. Commissioner Keefe asked staff to explain how expanding these ponds will help clean up the water in Rice Marsh Lake and Lake Riley, and how the wetland banking system works. Commissioner McDonald asked if this project would help with water quantity issues. Commissioner Undestad asked if a permit is needed for maintenance and cleaning of storm water ponds. Commissioner Larson asked for clarification on the design and maintenance of the ponds. Chairman Sacchet opened the public hearing. Kathy Slavics whose house backs up to St. Hubert’s and Rice Marsh Lake, expressed concern with loss of noise buffering from 212. Bob Myers, 8131 Dakota Lane stated the corner of his lot was being impacted by the expansion of the pond, and asked for clarification on the timing for construction and funding sources. Chairman Sacchet closed the public hearing. After commission discussion and comments, the following motion was made. Keefe moved, McDonald seconded that the Planning Commission recommends that the City Council approve Wetland Alteration Permit #06-06, subject to the following conditions: 1. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420) at a ratio of 2:1. 2. The applicant shall notify nearby property owners of the proposed project at least two weeks prior to beginning work. The notice shall, at a minimum, provide a summary of the purpose of the project, the timeline for project completion, and contact information for someone with RPBCWD who is able to provide more information about the project. It is recommended that the applicant work with the City to identify property owners receiving notice and to provide a link to a project website from the City’s website. 3. The applicant shall restore any disturbed areas and restore or replace any damage to infrastructure on City property. 4. All exposed soils from temporary haul routes, exposed slopes above the normal water level (NWL) and adjacent areas to the project shall be temporarily stabilized and seeded within the 7, 14, 21 day time frames depending upon slopes. Any concentrated flow areas shall receive temporary protection within 24 hours of connection to surface waters. 5. Erosion control blanket shall be used in concentrated flow area and for slopes of 3:1. All remaining areas shall be mulched and seeded to control erosion. 6. The applicant shall provide information regarding the fate of the excavated/excess material, as well as the stabilization and/or containment of the material. 7. Temporary energy dissipation shall be installed at existing flared end sections to the bottom of the basin at the end of each day to protect against erosion. This could include temporary plastic sheeting or geotextile fabric secured to the soil. 8. All existing outlets/proposed outlet structures shall be temporary riser structures until the ponds and adjacent areas are stable. 2 Planning Commission Summary – March 21, 2006 9. Street sweeping and scraping shall be needed daily (potentially more often) during active haul times. A dedicated site pickup sweeper may be needed. 10. The applicant shall provide details as to how dewatering will be accomplished for the basins in this project. 11. The applicant shall have a flocculent available on the project to facilitate sediment removal from sediment laden water. 12. Energy dissipation shall be provided at all discharge points from dewatering pumps. Waters receiving dewatering discharges should be large enough to handle the volume and velocity of the water. 13. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g. Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering, impacts below the OHW of Rice Marsh Lake), Minnesota Department of Transportation, and comply with their conditions of approval. 14. All appropriate permissions and easements must be obtained prior to the undertaking of any construction. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: LIBERTY AT CREEKSIDE: REQUEST FOR REZONING OF PROPERTY FROM A2 TO PUD-; SUBDIVISION WITH VARIANCES OF APPROXIMATELY 36.01 ACRES INTO 29 LOTS, 5 OUTLOTS AND RIGHT RIGHT-OF-WAY; SITE PLAN APPROVAL FOR 146 TOWNHOUSES; AND CONDITIONAL USE PERMIT FOR ALTERATIONS WITHIN THE FLOOD PLAIN AND DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT. THE PROPERTY IS LOCATED EAST OF AUDUBON ROAD, NORTH OF PIONEER TRAIL AND NORTHWEST OF FUTURE HIGHWAY 312 (1500 PIONEER TRAIL), PLANNING CASE NO. 05-24, TOWN & COUNTRY HOMES. Public Present: Name Address Shawn Siders Town and Country Homes Kevin Clark Town and Country Homes Chris Moehrl Westwood Professional Services Jeff Fox 5270 Howards Point Road Bruce Jeurissen Belle Plain Nancy Worm Belle Plain Jim Benshoof Wenck Associates 3 Planning Commission Summary – March 21, 2006 Rick Dorsey 1551 Lyman Boulevard Kate Aanenson reviewed the findings of the AUAR and Bob Generous presented the staff report on this item. Commissioner McDonald asked how in the overall AUAR area, and at one time the commission was looking at more commercial development for tax purposes, and what he’s seeing now it looks like this area is becoming pretty much residential, how that impacts the comprehensive plan. Commissioner Undestad asked for clarification on the additional right-of- way being requested by MnDot for wetland mitigation. Commissioner Keefe asked for clarification on the rezoning, and the location of the access road to the north. Commissioner McDonald asked for further clarification on where the diversity of housing is shown. The applicant was represented by Shawn Siders with Town and Country Homes, a K. Hovnanian Company. He introduced his team including Kevin Clark, Vice President of Land Development and Chris Moehrl, project engineer with Westwood Professional Services. Due to technical problems, the power point presentation was not available. Mr. Siders presented their project, showing diversity in site layout, housing styles, colors and building materials. Commissioner Keefe asked for clarification on erosion control measures during construction of the trail along Bluff Creek and tree loss. Commissioners McDonald and Larson asked for further clarification on how this development will offer diversity from Liberty on Bluff Creek. Chairman Sacchet asked the applicant to explain the changes made in the height of the retaining walls. He then opened the public hearing. Jim Benshoof, traffic engineer with the firm of Wenck and Associates and hired by Jeff Fox and Rick Dorsey on their behalf to begin planning efforts for their property, coordinate with city staff, and coordinate with developers of other nearby properties in terms of the overall planning for this area. He presented options for road configurations from the Liberty at Creekside development through the Fox and Dorsey properties. Jeff Fox, representing the Fox Family parcel which abuts the Jeurissen property, asked for consideration of the road alignment which connects to his properties. Rick Dorsey, 1551 Lyman Boulevard showed a picture of the home on their property valued at 2 ½ to 3 million dollars which will probably be lost due to the road alignment and the impact the road will have on development of their property. The two major issues for him are there has to be a definitive location on Lyman determined to know where the north collector’s going to go and how it’s going to interact with the east/west collector road. Also looking at development from the standpoint of the comprehensive plan. Commissioner Undestad asked Mr. Dorsey to explain his color coded map which shows the extent of the tree preservation area. Chairman Sacchet closed the public hearing. After commission discussion and comments regarding diversity in design, the following motions were made. McDonald moved, Undestad seconded that the Planning Commission recommends that the City Council approve the Rezoningof the property located within the Liberty at Creekside development with the exception of Outlot A and the Bluff Creek Overlay District Primary Zone, from Agricultural Estate District (A-2) to Planned Unit Development - Residential (PUD - R) incorporating the development design standards contained within this staff report. All voted in favor and the motion carried unanimously with a vote of 5 to 0. McDonald moved, Undestad seconded that the Planning Commission recommends that the City Council approve thePreliminary Platfor Liberty at Creekside, plans prepared by 4 Planning Commission Summary – March 21, 2006 Westwood Professional Services, Inc., dated June 17, 2005, revised February 3, 2006, subject to the following conditions: 1.The applicant shall prepare a noise analysis for noise that will be generated by traffic on Highway 312. The analysis shall identify appropriate noise mitigation measures to meet noise standards for residential homes. 2.The developer shall provide a design plan that shows the color and architectural detail for each unit on the site for final plat approval . 3.The developer shall pay $6,285.00 as their portion of the 2005 AUAR. 4.The developer shall designate Common Lots 13 and 18 as Outlots. 5.The developer shall establish a separate outlot(s) for the land within the Bluff Creek Overlay District primary zone. 6.Dedication of the Bluff Creek Overlay District primary zone shall be made to the city or a conservation easement shall be established over said outlot(s). 7.The wetland mitigation for Liberty on Bluff Creek shall be complete within one year of the authorized fill on Liberty on Bluff Creek. 8.Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420) and the conditions of the Wetland Alteration Permit for Liberty on Bluff Creek. 9.Wetland buffers 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around Wetlands A and B and the constructed wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. All structures shall maintain a minimum 40-foot setback from the edge of the wetland buffer. 10.Due to a secondary access through the MnDOT right-of-way (ROW) to the north in the northeast portion of the property, the applicant will be responsible for creating or securing sufficient wetland mitigation for MnDOT that will meet all conditions imposed on MnDOT and will be responsible for any and all fees associated with the redesign of the wetland mitigation areas in MnDOT ROW. Final plat approval shall not be granted until the wetland mitigation plan has been received and approved by the City and MnDOT. 11.The plans shall be revised to show bluff areas (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe). All bluff areas shall be preserved. In addition, all structures shall maintain a minimum 30-foot setback from the bluff and no grading shall occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). 5 Planning Commission Summary – March 21, 2006 12.All structures shall maintain a minimum 40-foot setback from the primary corridor. No alterations shall occur within the primary corridor or within the first 20 feet of the setback from the primary corridor. 13.The applicant shall submit a plan for the revegetation of the farmed area south of Bluff Creek that incorporates native plants and is consistent with the City’s Bluff Creek Natural Resources Management Plan Appendix C. Special attention shall be paid to areas with steep slopes (greater than 3:1). 14.Alterations appear to be proposed within a mapped FEMA unnumbered A Zone (100-year floodplain). In lieu of a LOMA, the applicant shall obtain a conditional use permit for alterations within the floodplain. 15.A storm water pollution prevention plan (SWPPP) shall be developed for the development and shall be completed prior to applying for the National Pollutant Discharge Elimination System permit. 16.A stable emergency overflow (EOF) shall be provided for the proposed pond. The EOF could consist of riprap and geotextile fabric or a turf re-enforcement mat (a permanent erosion control blanket). A typical detail shall be included the plan. 17.The plans shall show paths of access to both wetland mitigation areas as well as all erosion controls and restoration practices. 18.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 19.Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. 20.The applicant shall provide details for curbside inlet control. Wimco-type inlet controls shall be used and installed within 24 hours of installation. 6 Planning Commission Summary – March 21, 2006 21.Typical building lot controls shall be shown on the plan. These controls may include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the certificates of occupancy. 22.The proposed storm water pond shall be used as a temporary sediment basin during mass grading. The pond shall be excavated prior to disturbing up gradient areas. Diversion berms or ditches may be needed to divert water to the pond and a temporary pond outlet is needed. The outlet could be a temporary perforated standpipe and rock cone. A detail for the temporary pond outlet shall be included in the plans. Additional temporary sediment basins may be needed or an alternate location may be needed depending upon site conditions during rough grading. 23.The ultimate outlet from the site to Bluff Creek shall be turned to the southeast to align with the creek. 24.Drainage and utility easements (minimum 20 feet in width) should be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. An easement adequate to provide access to the pond for maintenance purposes is needed and should be shown on the plan. 25.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $266,850. 26.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Health, Minnesota Department of Transportation) and comply with their conditions of approval. 27.Tree protection fencing shall be installed prior to construction around all areas designated for preservation and/or at the edge of proposed grading limits. 28.Silt fence or tree protection fencing shall be installed at the edge of grading around both wetland mitigation areas. 29.A fenced access road will lead from the east mitigation area to the west mitigation area. This will be the only access allowed to the western site. Fencing shall be placed on either side of the access lane. After construction, the access lane shall be restored according to the ‘Preliminary Offsite Upland Planting Plan’. 30.A walk-through inspection of the silt/tree preservation fence shall be required prior to construction. 31.No burning permits shall be issued for tree removal. All trees removed on site shall be chipped and used on site or hauled off. 7 Planning Commission Summary – March 21, 2006 32.The applicant shall implement the ‘Preliminary Offsite Upland Planting Plan’ dated 9/29/05 for restoration within the Bluff Creek Overlay District. 33.The applicant shall submit a full sized ‘Preliminary Offsite Upland Planting Plan’ with final plat submittal. 34.A turf plan shall be submitted to the city indicating the location of sod and seeding areas. 35.The developer shall pay full park dedication fees at the rate in force upon final plat approval in lieu of parkland dedication. 36.The applicant shall provide all design, engineering, construction and testing services required of the “Bluff Creek Trail.” All construction documents shall be delivered to the Park and Recreation Director for approval prior to the initiation of each phase of construction. The trail shall be ten feet in width, surfaced with bituminous material and constructed to meet all City specifications. The applicant shall be reimbursed for the actual cost of construction materials for the Bluff Creek Trail. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials utilized in its construction. 37.The developer shall provide a sidewalk connection to the Bluff Creek trail through private street B. 38.The developer must coordinate the location and elevation of the western street connection with the Pioneer Pass (Peterson Property) and Degler property developments to the west and northwest. 39.The height and length of retaining walls must be reduced to the maximum extent possible. 40.The top and bottom of wall elevations must be shown on the final grading plan. 41.A building permit is required for any retaining walls four feet high or taller. These walls must be designed by a Structural Engineer registered in the State of Minnesota. 42.The style of home and lowest floor elevation must be noted on the grading plan. 43.Typical sections for each housing style must be shown on the final grading plan. 44.The final grading plan must be 50 scale so that staff can complete a full review of the proposed grading. 45.The developer must verify the invert elevation of the sanitary sewer connection that will be constructed with the 2005 MUSA Improvement Project. 46.The development may not proceed until the Phase II 2005 MUSA utility extension project has been awarded. 8 Planning Commission Summary – March 21, 2006 47.Each new lot is subject to the sanitary sewer and water hookup charges and the SAC charge at the time of building permit. The 2006 trunk hookup charge is $1,575.00/unit for sanitary sewer and $4,078.00/unit for watermain. The SAC charge is $1,625.00/unit. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 48.The northern access (currently shown to the Fox property) must be shifted to the east to the MNDOT right-of-way parcel. 49.The Arterial Collector Fee shall be paid with the final plat. The 2006 fee is $2,400/developable acre. 50.The final plans must show the new orientation for Lots 13 and 14, Block 2. 51.The site plan and final grading plan must identify the proposed 10-foot wide bituminous trail. All voted in favor and the motion carried unanimously with a vote of 5 to 0. McDonald moved, Undestad seconded that the Planning Commission recommends that the City Council approve the Site Planfor 146 townhouses, plans prepared byWestwood Professional Services, Inc., dated June 17, 2005, revised February 3, 2006, subject to the following conditions: 1.The developer shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2.The developer shall provide a design plan that shows the color and architectural detail for each unit on the site for final plat approval. 3.Walls and projections within 3 feet of property lines are required to be of one-hour fire- resistive construction. 4.A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 5.No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 6.Temporary street signs shall be installed on street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire code Section 501.4. 7.A fire apparatus access road shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all-weather driving capabilities. Pursuant to Minnesota Fire Code Section 503.2.3. 9 Planning Commission Summary – March 21, 2006 8.Fire apparatus access road and water supplies for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 9.A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 10.Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. 11.“No Parking Fire Lane” signs will be required on the private streets. Contact Chanhassen Fire Marshal for exact location of sign. Pursuant to Chanhassen Fire Department/Fire Prevention Policy #06-1991. Staff will work with the developer on materials, colors and diversity. 12. All voted in favor and the motion carried unanimously with a vote of 5 to 0. McDonald moved, Undestad seconded that the Planning Commission recommends that the City Council approve Conditional Use Permitfor alterations within the flood plain and development within the Bluff Creek Overlay District subject to the following conditions: 1.The applicant shall implement the ‘Preliminary Offsite Upland Planting Plan’ dated 9/29/05 for restoration within the Bluff Creek Overlay District. 2.The applicant shall submit a full-sized ‘Preliminary Offsite Upland Planting Plan’ with final plat submittal. 3.The wetland mitigation for Liberty on Bluff Creek shall be constructed prior to or concurrent with wetland impacts on the Liberty on Bluff Creek project. 4.Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420) and the conditions of the Wetland Alteration Permit for Liberty on Bluff Creek. 5.Wetland buffers 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around Wetlands A and B and the constructed wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. All structures shall maintain a minimum 40-foot setback from the edge of the wetland buffer. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 10 Planning Commission Summary – March 21, 2006 PIONEER PASS: REQUEST FOR A COMPREHENSIVE PLAN LAND USE AMENDMENT FROM RESIDENTIAL, MEDIUM DENSITY AND OFFICE/ INDUSTRIAL TO RESIDENTIAL, LOW DENSITY (APPROXIMATELY 43 ACRES); REZONING FROM AGRICULTURAL ESTATE DISTRICT, A2 TO RESIDENTIAL LOW AND MEDIUM DENSITY DISTRICT, RLM (APPROXIMATELY 43 ACRES); PRELIMINARY PLAT (PIONEER PASS) CREATING 82 LOTS, 8 OUTLOTS AND RIGHT-OF-WAY FOR PUBLCI STREETS (APPROXIMATELY 73 ACRES); CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT WITH A VARIANCE FOR ENCROACHMENT INTO THE PRIMARY ZONE; AND A WETLAND ALTERATION PERMIT FOR THE GRADING AND FILLING OF WETLANDS ON PROPERTY LOCATED NORTH OF PIONEER TRAIL (1600 PIONEER TRAIL) AT FUTURE HIGHWAY 312, PLANNING CASE NO. 06-09, APPLICANT D.R. HORTON. McDonald moved, Keefe seconded that the Planning Commission table action on Pioneer Pass to the Planning Commission meeting on April 4, 2006. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES:Commissioner Larson noted the verbatim and summary minutes of the Planning Commission meeting dated February 21, 2006 as presented. Chairman Sacchet adjourned the Planning Commission meeting at 10:05 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 11