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PC Minutes 4-4-06Planning Commission Meeting – April 4, 2006 PUBLIC HEARING: 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 PUBLIC 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. Public Present: Name Address Joel Cooper SEH Paul Bilotta 1641 Chatham Avenue, St. Paul 55112 John Chadwick 11430 Zion Circle John and Joe Knoblauch 1450 Knob Hill Lane, Excelsior Sever Peterson Eden Prairie Bob Generous presented the staff report on this item noting that D.R. Horton has withdrawn and assigned the application to the property owner, Sever Peterson. Sacchet: Thank you Bob. Questions from staff. Mark, go ahead. Undestad: One quick one Bob. Can you show on that plan again, you said that the road will cut Outlot A, it will split Outlot A when that goes in. Where is that? Generous: It’s approximately here. It comes down and then. Undestad: And that’s Liberty at Creekside? Generous: Liberty at Creekside here. So between their property and the Degler property there’s a small piece of right-of-way that would need to be dedicated. The developer would only provide the right-of-way and any necessary easements for it’s construction. Town and Country Home would be responsible for it’s construction. Undestad: Thank you. Sacchet: Kurt. 36 Planning Commission Meeting – April 4, 2006 Papke: The access to Pioneer Trail, so there’s an overpass that would have to be constructed to get there? How do you get to Pioneer Trail? I’m a little bit confused. Generous: It will be at grade that come down because the freeway will actually be south of Pioneer here. …will go to the north. Papke: Okay, it crosses over there. Generous: The excess right-of-way is, none of that area is for potential river crossing also, so there could be additional ramping. That has to be resolved with MnDot yet. They’re doing the Environmental Impact Statement now and it’s going through that process. They have this six corridors I believe and they’re trying to get that down to one and then adopt that so that the local communities can do the official mapping. Sacchet: In terms of the comprehensive plan…requiring a comprehensive plan amendment. So are we actually deviating from the original idea of the comprehensive plan? Can you clarify that please. Generous: Well the comprehensive plan currently guides the property for medium density residential or office industrial uses, neither of which would be consistent with single family detached housing. So to do this development, and based on the original, the concept approval that was given for the planned development a year ago, this is one, a way that we saw that they could do it through this zoning with the land use amendment. Sacchet: And then the other question with storm water pond. It seems like there were two options given. One in the primary zone and one not. Generous: Correct. Sacchet: If you could elaborate a little more because I think it’s staff’s finding that they were not in the primary zone would be more hazardous or less ideal than the one in the primary zone. Is that something for you Alyson? Fauske: Staff worked with the developer…preliminary plat submittal, we went around and around on this issue. Basically what it came down to planning commissioners that when we looked at…erosion, the erosion potential of that pond outletting within that primary zone… we felt that it was a better place than that pond… Sacchet: Overall a better solution. And then I have a detail question. Condition 8 of the preliminary plat approval for recommendation. Talks about the 950 contour. Is that the border of the primary zone or why is 950 essential? Generous: It’s for, to provide screening from the road at the round about I believe. Sacchet: I didn’t understand that one. 37 Planning Commission Meeting – April 4, 2006 Generous: Yeah, so that they can get some berming. Sacchet: It’s a berming situation? Generous: Yeah. Sacchet: Okay. And so we, I didn’t see much detail about the wetland replacement plan. That’s something that still needs to be worked out? Generous: Yes. They submitted the initial stuff in that and that has a dual tracking process. It’s going through the technical committee reviews. Sacchet: Okay. So that’s still being worked? Generous: Yes. Sacchet: Okay. Alright, if there’s no more questions for staff, I’d like to invite the applicant. If you want to come forward and tell us who you are and what you want to add to what staff presented to us. Maybe we’ll have some questions for you. We’ll see. John Chadwick: Thank you. My name is John Chadwick. I reside at 11430 Zion Circle, Consultant on behalf of the Peterson Family. Sever Peterson is here. Our planning consultant Paul Bilotta is with us and also Joel Cooper from the Hill Engineering Firm. Here to answer questions. Certainly thank you for all your consideration to date. Enjoy being here again. If you didn’t remember me I was here in August so that’s who I am. Thank you. Good to be back. Sacchet: So you don’t have any particular issues? Everything’s cool for you. John Chadwick: No, and Joel’s been through all the engineering comments and, well all the comments. We’ve been working on this for quite some time. Sacchet: Okay. Do we have questions? Yes Jerry, you have a question for the applicant. McDonald: For the applicant. I’m confused as to who’s doing the development. D.R. Horton was part of this and they’re no longer in it. Who’s the, you know the general contractor doing all the work and everything. Are you all doing that yourself or? John Chadwick: Weird question. The Horton folks and our folks parted company today at about 5:30 and so I don’t have a specific answer for that. Certainly who the general contractor would be, even in their case they wouldn’t be getting into who’s going to do the grading, etc until they put it out for bid so, I’m sure with lot prices that will be there, we’ll have a number of quality builders. As a matter of fact there’s one here in the audience now. So I’m sure there’s going to be some wonderful people stepping forward. McDonald: Okay. 38 Planning Commission Meeting – April 4, 2006 Sacchet: Alright, thank you very much. Now this is a public hearing. If anybody wants to address this item, please come forward and let us know if you have something to say. Seeing nobody get up, I’ll close the public hearing and bring it back to the commission for discussion and comments. Discussion. Comments. Anybody? McDonald: Well I guess I’ve got a question. And maybe this is nothing but, we’ve got a very detailed plan here that was put together based upon two applicants getting together. If it now comes back to somebody else, can the plan change? If we do a PUD and they want to do something different with the number of lots or how, you know once we do this, is this it? Generous: Unless they come back with a whole new plan and start the process over. But it’s like property owners all the time bringing a subdivision request. It’s reviewed and then they’ll sell it off to builders or developers in the future. In this instance they had D.R. Horton that started the process. They’re withdrawing as the applicant. However they’ve assigned their rights if you will to this development plan to the property owner and he’s going, wants to take it forward. Sacchet: So it’s simple. Generous: Nothing changes as far as the plans are concerned. Sacchet: And if they would change it... Generous: They would have to come back, yeah. McDonald: Okay. I have no other comments or questions. Sacchet: Alright. If there’s no questions, comments, we’ve just got to make some motions. Motions with lots of conditions. Page 16 I think is where it starts. Generous: 16 through 22. Larson: A, B and C? Generous: And D. Sacchet: A, B, C, D and E. Larson: Alright, I’ll make a motion. I’ll make an attempt anyway. The Planning Commission recommends approval of the comprehensive plan land use amendment for residential medium density and office/industrial to residential low density of the land within the plat of Pioneer Pass except for Outlots A, B, C, D and G, contingent on the Metropolitan Council review. And B. The Planning Commission recommends approval of the rezoning of the land within the plat for Pioneer Pass except for Outlots A, B, C, D and G, Pioneer Pass from Agricultural Estate District A2 to residential low and medium density district, RLM. And C. The Planning Commission recommends approval of preliminary plat for Pioneer Pass creating 81 lots, 9 outlots and right- 39 Planning Commission Meeting – April 4, 2006 of-way for public streets, plans prepared by James J. Hill Incorporated dated February 3, 2006 subject to the following conditions 1 through. Sacchet: 61. Larson: 61. And then is that it? D. The Planning Commission recommends approval of wetland alteration permit for the grading and filling of wetlands on property subject to the following conditions 1 through 3. And E. The Planning Commission recommends approval of conditional use permit to permit development within Bluff Creek Overlay District with a variance for encroachment into the primary zone to construct a storm water pond subject to the following conditions, 1 through 3. Sacchet: Got a motion. Is there a second? Undestad: Second. Papke: I have a friendly amendment. Sacchet: First a second. We’ve got a second? Yeah, actually I may have a friendly amendment too. Go ahead Kurt. Papke: I’d like to make a friendly amendment that condition, or motion C. The plans are prepared not by the robber baron of the north, but rather by James R. Hill. Sacchet: Is that acceptable Debbie? Larson: Yes. Sacchet: I had a friendly amendment too. To the part E. I would like to specify encroachment to the primary zone to construct a storm water pond, as shown in the plans and specified the date whatever so we know it’s in the plan. I mean be specific what we’re actually giving the variance for. Even though it’s implied, I want to spell it out so we’re clear, okay? Generous: Plans prepared by James. Sacchet: By whoever it was and when it was, okay? Is that acceptable? Larson: Yes. Sacchet: Alright. We have a motion. We have two friendly amendments. Larson moved, Undestad seconded that the Planning Commission recommends that the Planning Commission recommends approval of the comprehensive plan Land Use Amendment from Residential – Medium Density and Office/Industrial to Residential - Low Density of the land within the Plat of Pioneer Pass except for Outlots A, B, C, D and G 40 Planning Commission Meeting – April 4, 2006 contingent on Metropolitan Council review. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Larson moved, Undestad seconded that the Planning Commission recommends thatthe Planning Commission recommends approval of the Rezoning of the land within the Plat for Pioneer Pass except for Outlots A, B, C, D and G, Pioneer Pass, from Agricultural Estate District, A2, to Residential Low and Medium Density District, RLM. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Larson moved, Undestad seconded that the Planning Commission recommends that the Planning Commission recommends approval of Preliminary Plat for “Pioneer Pass” creating 81 lots, 9 outlots and right-of-way for public streets, plans prepared by James R. Hill, Inc., dated 2/3/06, subject to the following conditions: 1.The developer shall prepare a noise analysis for noise that will be generated by traffic on Highway 312 and Pioneer Trail. The analysis shall identify appropriate noise mitigation measures to meet noise standards for residential homes. 2.The developer shall pay $21,547.00 as their portion of the 2005 AUAR. 3.The applicant shall plant 369 trees within the development, 98 overstory and required buffer yard plantings trees along Collector Road D and buffer yard plantings for lots along the south property line. 4.Each lot shall have a minimum of two overstory deciduous trees planted in the front yard. 5.The applicant shall install the total required buffer yard along Collector Road D or show proof of berm height of 3 feet or higher along the length of the street and adjust the quantities of understory and shrubs accordingly. 6.The applicant shall development a restoration plan including native plants for the Bluff Creek Overlay district north of Block 1. The plant species shall be selected from the Bluff Creek Management Plan Appendix C. The final plan must be reviewed and approved by the city before installation. 7.Signage for the Bluff Creek Overlay District must be posted on every other property corner where residential yards meet the primary zone. 8.The 950 contour shall be extended over lots 5 and 6, block 3 to provide more coverage from headlights for those homes. 9.Dedication of Outlots A and G shall be made to the city or a conservation easement shall be established over said outlots. 10.The developer shall designate a 4.72 acre neighborhood park site, Outlot H. This property shall be transferred to the city by warranty deed with 3.79 acres of the site being 41 Planning Commission Meeting – April 4, 2006 dedicated/ donated by the applicant/owner and the remaining 0.93 acres being purchased by the City of Chanhassen. The city shall compensate the owner/applicant $218,550 in total compensation for said 0.93 acres. 11.The developer shall rough grade and cover seed the park site and construct a 20 stall parking lot for an additional not to exceed payment of $50,000 from the city. The parking lot shall include insurmountable curb. Construction plans for all improvements within the borders of the park shall be submitted to the Park & Recreation Director for approval prior to initiating construction of these improvements. All material and labor costs are reimbursable. Design, engineering, and testing services associated with these improvements shall be provided by the applicant. 12.The applicant shall submit a complete wetland replacement plan and must receive approval of the replacement plan prior to alteration of wetlands. Wetland replacement shall occur in a manner consistent with Chanhassen City Code and the Minnesota Wetland Conservation Act (MR 8420). 13.Wetland mitigation shall not be proposed for the northeast corner of the site in order to ensure adequate area for a road connection to the property to the east of the site. 14.A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all Ag/Urban wetlands. 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 shall pay the City $20 per sign. All structures shall be set back 40 feet from the edge of the wetland buffer. The wetland buffer setback shall be shown on the plans. 15.Any areas on the property that meet the City’s criteria for bluffs (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe) shall be preserved. In addition, all structures shall maintain a 30-foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). The plans shall be revised to show any areas meeting the City’s bluff criteria. 16.No alterations shall be permitted within the primary corridor or within the first 20 feet of the setback from the primary corridor without a variance. All structures must meet the 40-foot setback from the primary corridor. 17.The applicant shall demonstrate that storm water management along the southwest property line of Lots 25-31, Block 2 is adequate to prevent drainage issues for future homeowners. 18.The outlet for Pond 2 shall be moved westward to increase the flow distance between the inlet and outlet structures. 42 Planning Commission Meeting – April 4, 2006 19.Drainage and utility easements with a minimum width of 20 feet shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as public value credit and storm water infrastructure. 20.Energy dissipation shall be provided at the flared-end section inlet to Pond 2 within 24 hours of installation. Additional blanket shall be provided for storm sewer installation area for inlet infrastructure to Pond 2. The access area shall be protected with erosion control blanket upon the establishment of final grade. Erosion control blanket shall be used on the slopes within Lots 31-24, Block 2. Mulch shall be substituted for the blanket proposed for the berm area of Block 3 along Street D. 21.Temporary sediment basins shall be provided in existing watersheds 1 and 3 during mass grading activities. Where 10 acres or more of exposed area come to a discernable point of discharge to a wetland or waterway, a temporary basin shall be provided. The proposed storm water basins in proposed drainage areas 2, 6 and 7 shall be temporary sediment basins until the contributing areas are stabilized. The temporary outlets could be installed in place of the permanent outlets. 22.Perimeter control (silt fence) shall be installed prior to grading along the south side of the Street D and CSAH 14 (Pioneer Trail) intersection. All silt fences near flared-end sections shall be installed up and around flared-end sections so water is not discharged against the silt fence, causing it to fail. 23.An outlet area shall be defined for the two areas labeled as temporary sedimentation basins during the rough grading/subcut street phase of development. Any shredded wood material from tree removal shall be saved for temporary mulch berms/vehicle exit pads as needed. Typical silt fence shall be installed prior to initial rough grading activities along the west side of Outlot H to the proposed “street by others.” 24.The total SWMP fee shall be paid to the City at the time of final plat recording. The estimated total SWMP fee at this time is $165,600. 25.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 (National Pollutant Discharge Elimination System Construction Permit), Minnesota Department of Natural Resources (dewatering permit), Army Corps of Engineers) and comply with their conditions of approval. 26.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. 27.Fire apparatus access roads and water supply 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. 43 Planning Commission Meeting – April 4, 2006 28.Temporary street signs shall be installed on street intersections once construction of the new roadways allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. 29.Fire apparatus access roads 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. 30.Submit proposed street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. 31.Fire hydrant spacing is unacceptable. Locate fire hydrants at intersections and in cul-de-sacs and at 300 foot spacing. Most spacing is in excess of 400 to 500 feet at this time. Submit revised fire plans to Fire Marshal for review and approval. 32.Before site grading commences, the existing building and driveway access off Pioneer Trail onto the property must be removed. 33.On the grading plan, add a note to remove any existing house and driveway access. 34.The developer’s engineer must work with Liberty on Bluff Creek’s engineer to ensure that the proposed grading on each property matches at the property line. 35.Ground slopes shall not exceed 3:1. 36.A minimum 75-foot long rock construction entrance must be shown on the plans. 37.Retaining walls must be designed by a structural engineer registered in the State of Minnesota and require a building permit if greater than 4 feet in height. 38.The developer shall work with MnDOT to move the access at Pioneer Trail so that it aligns with the MnDOT’s street on the south side. The access to Pioneer Trail shall be constructed in conjunction with the first phase of the development. 39.The property is also subject to sanitary sewer and water hook-up charges for all of the lots. The 2006 trunk utility hook-up charges are $1,575 per unit for sanitary sewer and $4,078 per unit for water. The 2006 SAC charge is $1,625 per unit. 40.The Arterial Collector Roadway Fee of $2,400/developable acre will need to be paid at the time of final plat recording. 41.All of the ponds are required to be designed to National Urban Runoff Program (NURP) standards with maximum 3:1 slopes and 10:1 benches at the NWL. Revise accordingly. 42.All of the proposed housepads must have a rear yard elevation of at least three feet above the HWL of the adjacent ponds. 44 Planning Commission Meeting – April 4, 2006 43.Storm sewer calculations and drainage map must be submitted with the final plat application. The storm sewer must be designed to accommodate a 10-year, 24-hour storm event. 44.The last public stormwater structure that is road-accessible prior to discharging to a water body must have a 3-foot sump pump. 45.Future utility service and access to Outlot B needs to be determined prior to final plat. 46.The applicant shall include a draintile system behind the curbs to convey sump pump discharge from homes. 47.Add catch basins in the back yards of Lots 1-15, Block 3 connecting to Street C storm sewer. Also add a catch basin along Street A in front of Lots 25-28 and between Lots 15 & 16 and 4 & 5, Block 1. 48.All plans must be signed by a registered Civil Engineer registered in the State of Minnesota. 49.The catch basin between Lots 6 & 7 must be built with two inlet openings. 50.Tree preservation fencing must be installed at the limits of tree removal. 51.An easement is required from the appropriate property owner for any off-site grading. 52.If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 53.Utility services for the buildings must be shown on the final utility plan. Sanitary services must be 6-inch PVC and water service must be 1-inch copper, Type K and will require a City Building Department inspection. 54.Extend the silt fence along the south to the back yard of Lot 25, Block 1. 55.No retaining wall is allowed within any drainage and utility easement. Revise the retaining wall between Lots 22, 23 and 24, Block 2, accordingly. 56.All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. 45 Planning Commission Meeting – April 4, 2006 57.Permits from the appropriate regulatory agencies will be required prior to construction, including but not limited to MPCA, NPDES, MnDOT, Department of Health, Carver County and Watershed District. 58.Reroute the sanitary sewer from Street A and the north-south corridor intersection to minimize the sewer depth. Relocate the southern sanitary sewer out of the stormwater pond easement at Outlot E. 59.Add a pressure relief valve to the watermain along Street D between Outlots E and F. This will be a City improvement cost but installed by at the time of development. 60.In-home pressure reducing water valves may be required on all lots with a lowest floor elevation of 930 or less. Final determination for the need of in-home pressure reducing valves will be made by the City at time of building permit. 61.The applicant shall coordinate with the developer of the adjacent properties in the northeast corner of the site the dedication of public street right-of-way to provide access from the parcel to the north to the parcel to the east and revise the plans accordingly.” All voted in favor and the motion carried unanimously with a vote of 6 to 0. Larson moved, Undestad seconded that the Planning Commission recommends that the Planning Commission recommends approval of Wetland Alteration Permit for the grading and filling of wetlands on property subject to the following conditions: 1.The applicant shall submit a complete wetland replacement plan and must receive approval of the replacement plan prior to alteration of wetlands. Wetland replacement shall occur in a manner consistent with Chanhassen City Code and the Minnesota Wetland Conservation Act (MR 8420). 2.Wetland mitigation shall not be proposed for the northeast corner of the site in order to ensure adequate area for a road connection to the property to the east of the site. 3.A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all Ag/Urban wetlands. 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 shall pay the City $20 per sign. All structures shall be set back 40 feet from the edge of the wetland buffer. The wetland buffer setback shall be shown on the plans.” All voted in favor and the motion carried unanimously with a vote of 6 to 0. Larson moved, Undestad seconded that the Planning Commission recommends that the Planning Commission recommends approval of Condition Use Permit to permit development within the Bluff Creek Overlay District with a variance for encroachment in to the primary 46 Planning Commission Meeting – April 4, 2006 zone to construct a storm water pond as shown on the plans prepared by James R. Hill, Inc., dated 2/3/06, subject to the following conditions: 1.Dedication of Outlots A and G shall be made to the city or a conservation easement shall be established over said outlots. 2.Any areas on the property that meet the City’s criteria for bluffs (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe) shall be preserved. In addition, all structures shall maintain a 30-foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). The plans shall be revised to show any areas meeting the City’s bluff criteria. 3.No alterations shall be permitted within the primary corridor or within the first 20 feet of the setback from the primary corridor without a variance. All structures must meet the 40-foot setback from the primary corridor.” All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES:McDonald noted the verbatim and summary minutes of the Planning Commission meeting dated March 21, 2006 as presented. Sacchet: Before I bang this hammer the last time I want to thank you all for having been part of this motley crew. Thank you. Chairman Sacchet adjourned the Planning Commission meeting at 9:25 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 47