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PC SUM 2007 01 02 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES JANUARY 2, 2007 Chairman McDonald called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Jerry McDonald, Kurt Papke, Kathleen Thomas, Debbie Larson, Dan Keefe, Kevin Dillon and Mark Undestad STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; Sharmeen Al-Jaff, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC PRESENT FOR ALL ITEMS: Janet Paulsen 7305 Laredo Drive OLD VILLAGE HALL: REQUEST FOR COMPREHENSIVE LAND USE MAP AMENDMENT FROM PUBLIC/SEMI-PUBLIC TO COMMERCIAL; AND REZONING FROM OI, OFFICE AND INSTITUTIONAL DISTRICT TO CBD, CENTRAL TH BUSINESS DISTRICT ON PROPERTY LOCATED AT 391 WEST 78 STREET, LEGALLY DESCRIBED AS OUTLET B AND THE EASTERLY 66 FEET OF LOT 1, BLOCK 1, OLD VILLAGE HALL. THE PURPOSE OF THIS REQUEST IS TO MAKE THE ZONING AND LAND USE CONSISTENT WITH THE BALANCE OF THE PLAT FOR OLD VILLAGE HALL. APPLICANT, CITY OF CHANHASSEN, PLANNING CASE 07-01. Bob Generous presented the staff report on this item. Commissioner Dillon asked about changes that might occur if the property is rezoned. Chairman McDonald opened the public hearing. No one spoke and the public hearing was closed. After commission comments, the following motions were made. Larson moved, Thomas seconded that the Chanhassen Planning Commission recommends that the City Council approve the land use amendment from Public/Semi-Public to commercial for Outlot B and the easterly 66 feet of Lot 1, Block 1, Old Village Hall, subject to Metropolitan Council review. All voted in favor and the motion carried unanimously with a vote of 7 to 0. Larson moved, Thomas seconded that the Chanhassen Planning Commission recommends that the City Council approve the rezoning from Office and Institutional District, OI, to Central Business District, CBD for Outlot B and the easterly 66 feet of Lot 1, Block 1, Old Village Hall. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: REQUEST FOR REZONING FROM RR, RURAL RESIDENTIAL TO RSF, SINGLE FAMILY RESIDENTIAL; COMPREHENSIVE LAND USE MAP AMENDMENT FROM Planning Commission Summary - January 2, 2007 RESIDENTIAL-LARGE LOT TO RESIDENTIAL-LOW DENSITY; SUBDIVISION OF 20 ACRES INTO 22 LOTS AND 3 OUTLOTS; VARIANCES AND VACATION OF EXISTING RIGHT-OF-WAY. THE PROPERTY IS LOCATED AT 7537 AND 7570 DOGWOOD ROAD, LEGALLY DESCRIBED AS LOTS 1 AND 2, BLOCK 1, ST ZIMMERMAN FARM 1 ADDITION. APPLICANT, CARLSON CUSTOM HOMES, INC., PLANNING CASE 07-02. Public Present: Name Address Peter Olin U of M Arboretum, 3675 Arboretum Drive Peter Moe 7161 Minnewashta Parkway, Excelsior Bruce Carlson 1440 Bavarian Shores Drive th Donald Peterson 15272 15 Place No, Plymouth Darlene & Dick Hanson 7750 Crimson Bay Road Janet M. Quist 7331 Dogwood Road Marjorie Getsch 7530 Dogwood Road John Getsch 5404 Glengarry Road, Edina Gretchen Starks 3301 Tanadoona Drive Dan Getsch 1069 Dorland Road, So, Maplewood Bob Generous presented the staff report on this item. Commissioner Papke asked for clarification on the time table for the utilities project, the status of the road connection with Crimson Bay Road, tree replacement, and pesticide drift from the Arboretum property. Commissioner Larson asked about the impact of this development on the lake and traffic. Commissioner Dillon asked for clarification on the traffic circulation and abandonment regulations for the septic systems. Chairman McDonald asked for clarification on the status of Lots 1, 2, and 3, Block 3. The applicant, Donald Peterson addressed the issues of Lots 1, 2, 3, Block 3, the applicant's portion for the road and sewer assessments, the number and size of the lots and changes they anticipate making on their plans. Chairman McDonald opened the public hearing. Peter Olin, Director of the Arboretum expressed their concern with runoff from the road and retention ponds, and being a farming operation, their use of pesticides and electric fences. Peter Moe, Director of Operations at the Arboretum explained their spraying operation procedures. Peter Olin, understanding the connection to Crimson Bay Road is not going to happen right now, stated the Arboretum would have concerns if that connection does happen with traffic at the intersection on Highway 5. After discussion among the commission whether to table the item, Chairman McDonald opened the public hearing. Darlene Hanson, 7750 Crimson Bay Road asked for clarification on the abandonment of their septic systems, and the possibility and timing of the road connection with Crimson Bay Road and Dogwood Road. Dick Hanson, 7750 Crimson Bay Road expressed concern with abandoning their septic system within a year or two and who will reimburse the $15,000 he spent to install it. He also had concern with access from Crimson Bay Road onto Highway 5. Chairman McDonald closed the public hearing. 2 Planning Commission Summary - January 2, 2007 Papke moved, Dillon seconded that the Planning Commission table Planning Case 07-02 for The Arbors. All voted in favor, except Keefe, Undestad and Larson who opposed and the motion carried with a vote of 4 to 3. PUBLIC HEARING: FOX HILL: REQUEST FOR SUBDIVISION OF PROPERTY INTO THREE (3) SINGLE FAMILY LOTS WITH VARIANCES ON PROPERTY LOCATED AT 6570 CHANHASSEN ROAD AND ZONED RESIDENTIAL SINGLE FAMILY. APPLICANT, 10 SPRING HOMES, INC., PLANNING CASE 07-03. Public Present: Name Address Jeff & Ronda Seiler 6511 Gray Fox Curve Richard Herr 120 Fox Hollow Drive Debralynn Geary 19180 Duck Lake Trail, Eden Prairie Steve Brachman 19180 Duck Lake Trail, Eden Prairie Steven Petrie 6503 Gray Fox Curve Mary & Charles R. Klingelhutz 7146 Utica Lane Sheryl Deppa 4920 Sparrow Road, Minnetonka Sharmeen Al-Jaff presented the staff report on this item. Alyson Fauske addressed concerns raised by the public about the need for additional right-of-way for Highway 101 and runoff. Commissioner Papke asked staff to explain the rationale for their recommendation of a private street. Commissioner Keefe asked for clarification on the side yard setback requirements. The applicant, Scott Rosenlund, President of Ten Spring Homes, Inc. presented photographs of the homes proposed to be built on this property. Commissioner Dillon asked the applicant how he felt about the possibility of Highway 101 being widened in the future and the effect on this development. Chairman McDonald opened the public hearing. Jeff Seiler, 6511 Gray Fox Curve expressed concern with the drainage that currently runs through his back yard, concern with state taxpayers having to purchase these homes in the future if 101 is upgraded and sight lines from Fox Hollow Drive entering onto 101. Steve Petrie, 6503 Gray Fox Curve asked for clarification on the tree plan, setbacks, and grading. Chairman McDonald closed the public hearing. After comments by the commission, the following motion was made. Keefe moved, Papke seconded that the Planning Commission recommends approval of the preliminary plat for Planning Case 07-03 for Fox Hill Subdivision for 3 lots with variances to allow a private street as shown on the plans dated received December 1, 2006, subject to the following conditions: 1.A minimum of two 2½-inch deciduous, overstory trees shall be required in the front yard of each lot. 2.No more than one-third of the required trees may be from any one species. 3 Planning Commission Summary - January 2, 2007 3.Tree preservation fence shall be installed at the edge of the grading limits around all trees proposed to be preserved prior to any grading. 4.Any trees proposed for preservation that are lost due to grading and construction activities will be replaced at a rate of 2:1 diameter inches. 5.The Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the City so it can be reviewed by the Carver Soil and Water Conservation District. 6.The plans shall be revised to incorporate Chanhassen’s standard details for erosion and sediment control, including 5300, 5301, 5302A and 5302D. 7.In order to ensure that the proposed infiltration area functions properly, the contractor shall minimize the number of equipment trips across this part of the site. Additionally, the lightest equipment appropriate for the job shall be used. Once the infiltration area is graded, the easement area shall be fenced off so no further compaction occurs. The applicant may want to consider planting native shrubs, grasses and wildflowers within the infiltration area instead of sod to promote volume reduction through infiltration and evapotranspiration. 8.A stable emergency overflow (EOF) for the infiltration area shall be provided. 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 in the plan. 9.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. 10.The plans shall be revised to show a rock construction entrance (minimum 75 feet in length) off Fox Hollow Drive. The rock construction entrance shall be constructed in accordance with Chanhassen’s Standard Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 11.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $8,450. 4 Planning Commission Summary - January 2, 2007 12.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 Site Permit), Minnesota Department of Natural Resources (for dewatering), Carver County, Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval. 13.Full park fees in lieu of parkland dedication and/or trail construction shall be collected in full at the rate in force upon final plat submission and approval. 14.Building Official Conditions: a.A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. b.Demolition permits must be obtained prior to demolishing any structures on the site. c.Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. d.Separate sewer and water services must be provided to each lot. e.Any existing wells and on-site sewage treatment systems on the site must be abandoned in accordance with State Law and City Code. 15.Fire Marshal conditions: a.Add an additional fire hydrant at the intersection of Fox Hollow Drive and Fox Hollow Court. b.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. c.Temporary street signs shall be installed at street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota fire Code Section 501.4. d.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. e.No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 5 Planning Commission Summary - January 2, 2007 16.All existing buildings, driveways and accessory structures must be removed before grading commences. 17.Submit calculations of storm sewer and NURP showing that the development meets the requirements of the City and the MPCA. Determine the new HWL for the existing pond and show it on the plan along with the NWL. 18.The swales on the eastern side of Lot 2, between Lots 2 and 3, and the swale west of Lot 3 must have a 2% minimum slope. Also, the swales in the northwest corner of the house of Lot 1, back yard of Lot 2, and side yard of Lot 3 should be moved away from the foundations of the structures. Plantings shall be placed outside the swales to promote drainage. Add spot elevations at the building corners of Lot 1. 19.A valley gutter shall be installed at the intersection of Fox Hollow Drive and the private street to convey water through the intersection. Also, provide spot elevations on the curb to ensure curb line has a minimum slope of 0.5%. 20.The proposed storm line connecting to the existing storm sewer shows a bend without a structure. A structure will be required at all bends of storm sewer. Maintain 18 inches of separation between the sanitary sewer and drain tile. 21.On the Grading, Drainage and Erosion Control Plan, show: a)Private street and driveway grades shall not exceed 10%. b)Ground (i.e. non-paved) surface grades shall not be less than 2%. c)Emergency overflow locations and elevations must be shown on the plan. d)Add bottom elevations to the retaining walls. 22.An easement is required from the appropriate property owner for any off-site grading. 23.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. 24.Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 25.All sanitary sewer, watermain and storm sewer within this site shall be publicly owned and maintained. 26.The watermain extension from Fox Hollow Drive must be wet-tapped. Due to the alignment of the watermain in Fox Hollow Drive, it appears that this connection cannot be done under traffic. The sanitary sewer connection on Fox Hollow Drive connecting to an existing stub shall also be completed under traffic. 6 Planning Commission Summary - January 2, 2007 27.Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water, and storm sewer lines. The actual elevations of existing utilities shall be determined. 28.Install cleanout for the sewer service for Lot 2 due to length. 29.Each new lot is subject to the sanitary sewer and water hookup charges. The 2006 trunk hookup charge is $1,669 for sanitary sewer and $4,485 for watermain. 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. 30.The utilities will need to be adjusted to allow a minimum of 10 feet horizontal separation between the easement and the proposed utilities. 31.A 10-foot drainage and utility easement will be required for the front of Lots 2 and 3. 32.The private street entrance must connect to Fox Hollow drive at a 90-degree angle. 33.Lot 3, Block 1, must maintain a 20-foot side yard setback along the westerly property line.” All voted in favor, except for Dillon who opposed, and the motion carried with a vote of 6 to 1. APPROVAL OF MINUTES: Commissioner Larson noted the verbatim and summary minutes of the Planning Commission meeting dated December 5, 2006 as presented. Chairman McDonald adjourned the Planning Commission meeting at 8:33 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 7