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PC Minutes 1-16-07 CHANHASSEN PLANNING COMMISSION REGULAR MEETING JANUARY 16, 2007 Chairman McDonald called the meeting to order at 7:02 p.m. MEMBERS PRESENT: Jerry McDonald, Kathleen Thomas, Mark Undestad, Kurt Papke and Dan Keefe MEMBERS ABSENT: Debbie Larson and Kevin Dillon STAFF PRESENT: Bob Generous, Senior Planner; and Alyson Fauske, Assistant City Engineer PUBLIC HEARING: THE ARBORS: REQUEST FOR REZONING FROM RR. RURAL RESIDENTIAL TO RSF. SINGLE FAMILY RESIDENTIAL: COMPREHENSIVE LAND USE MAP AMENDMENT FROM RESIDENTIAL LARGE LOT TO RESIDENTIAL LOW DENSITY: SUBDIVISION OF 20 ACRES INTO 22 LOTS AND 3 OUTLOTS: AND V ACA TION OF EXISTING RIGHT-OF-WAY. THE PROPERTY IS LOCATED AT 7537 AND 7570 DOGWOOD ROAD. LEGALLY DESCRIBED AS LOTS 1 AND 2. BLOCK 1. ZIMMERMAN FARM 2ST ADDITION. APPLICANT: CARLSON CUSTOM HOMES. INC.. PLANNING CASE 07-02. Public Present: Name Address Donald Peterson Bruce Carlson John Getsch Peter Olin 15272 15th Place, North, Plymouth 7537 Dogwood Road 5404 Glengarry Parkway, Edina 3675 Arboretum Drive McDonald: With this first issue which is the Arbors, I think where we left off, we tabled the issue because of some information that came to light at the hearing concerning the Arboretum and their spraying activities and also an electric fence. Staff was supposed to look into this and come back to us with their recommendations. Bob. Bob Generous presented the staff report and addressed the issues brought up by the Minnesota Landscape Arboretum. McDonald: Okay, what I'd like to do at this time, we broke the public meeting up to address this issue so I'd like to give the commissioners a chance to address these issues that we asked to be put on hold because there was a significant amount of information here that we felt would impact our decisions. Then at that point I will open it back up to the public and you're free to come back up and speak on anything at that point, but I would like to go ahead and gather this information Planning Commission Meeting - January 16, 2007 so that the commissioners can make a decision. With that I'll start down to my right with, do you have any questions of Bob on this? Papke: No, works for me. Thomas: Nothing. Keefe: I'm fine with it. Undestad: Good. McDonald: I'm okay with it too so at this point we will open it back up the public meeting. I believe that's what we were in the middle of so anyone that wishes to come forward and address this development, please do so. John Getsch: My name is John Getsch and I represent the property, the first 3 lots of the Getsch's Addition. 7500,7510,7530 Dogwood Road. I just want to go down record of being a strong support of the subdivision. This has been looked at and bounced around for years and the job that's been done to put together a very good solution of the problem of accessing on Dogwood Road. Extension of West 78th Street. Drainage problems. Tree preservation. Road easements is you know, it's tremendous and I think all the parties involved should be, feel good about what's been done. I'm glad that it's going forward because it seemed like it was going to be the next ice age before it happened so just wanted to go on record saying that. McDonald: Thank you. Does anyone else wish to come up and make comment? Please feel free sir. Peter Olin: Peter Olin, Director of the Arboretum. We're glad to know that they'll give full disclosure in everything, and I assume that's in their advertising as well since they're advertising that these are great places to buy because they look at the Arboretum. The idea with the fence of course is that the electric fence, there is no problem now. The problem comes when you start bringing a lot of people in there, and once they have paid their money and left, then we in the city and living there have problems that are left and that will be kids going up, grabbing electric fence. Getting shocks. Calling the police and saying, you've got to get rid of that fence. My kid's getting shocks because there is no barrier inbetween the Arboretum research and the subdivision. There's 2 lots there and 2 public parcels and that's where we think the problem is. Obviously if we replaced that electric fence, there has to be a connection because to keep the deer out, you have to have a continuous fence all the way around so it's not where 800 feet will be fenced and then the rest will be open, so that's, would not be the case. We either have to then put more money in to make the rest of it a high, an 8 foot chain link or a high tencel steel fence or we have to somehow connect up to the electric fencing. So it's still a problem for us. McDonald: Okay, thank you. Does anyone else wish to come forward? Don Peterson: I'm Don Peterson and I'm speaking on behalf of the developer. We have reviewed this with the staff and the staff recommendations and we're perfectly agreeable to them. 2 Planning Commission Meeting - January 16, 2007 We will, we want to have a full disclosure of exactly what's happening in the area. That will be done. We will have a permanent homeowners association document will be filed, along with every lot so any future buyer will know what's happening, or what is the present situation. And we have no objection if the Arboretum wants to build a fence, whatever they want, but we will comply with the staff recommendation. McDonald: Okay, thank you sir. Does anyone else wish to come up and make comment? Before I close the public meeting, I have a question of staff. We did receive an email from someone that evidently felt they weren't given an opportunity last time to speak. Have you heard anything as to why they have not come forward tonight? Or have their issues been resolved? Generous: I'll let Alyson address that. Fauske: Mr. Chair, staffs been working with that particular person. That property owner and her legal counsel and the comments were more directed towards the street improvement project which is not tied directly to this development. Certainly this development approval is contingent upon that project proceeding. They will have an opportunity to comment and bring their concerns to the City Council when the public hearing is held for that particular street improvement project. McDonald: Okay, so be it. At that point the public meeting is closed and I bring the issue back before the commissioners for discussion. Mark, start with you. Undestad: I really don't have a lot to add here. I mean I think they've resolved the issues on there. I think the remaining issue of the electric fence, it's the Arboretum's fence. It's on their side. It's not on the property line. I think putting your signage down there is probably going to do as much as the developer should probably have to do on there. I think they've covered everything. I'm alright with it. McDonald: Okay. Keefe: I'm fine with it. McDonald: Okay. Thomas: I'm fine with it as well. Papke: Nothing to add. McDonald: In that case then I think everything's been said that I could possibly say. I have no problems with it either. At that I'm open to a motion. Undestad: Alright, I'll recommend the Planning Commission adopt's 3 motions here. The Chanhassen Planning Commission recommends that the City Council approve Comprehensive Land Use Map Amendment Residential Large Lot to Residential Low Density Lots 1 through 3, Block 3 of the preliminary plat of the Arbors contingent on Metropolitan Council review. B, the 3 Planning Commission Meeting - January 16, 2007 Planning Commission recommends the City Council approve rezoning from RR, Rural Residential to RSF, Single Family Residential for the land within the plat of the Arbors, subject to the final plat approval for the Arbors. And C, the Chanhassen Planning Commission recommends that the City Council approve preliminary plat for the Arbors creating 22 lots, 3 outlots and public right-of-way, plans prepared by Otto Associates dated October 31, 2006, subject to conditions 1 through 9. McDonald: Okay. Thomas: Second. McDonald: Before I do that, you also want to roll in their latest recommendations on the orange sheet too don't you? Undestad: I think she's got them on 8 and 9. McDonald: That's 8, okay. Then second? Thomas: Second. U ndestad moved, Thomas seconded that the Planning Commission recommends that the City Council approve Comprehensive Land Use Map Amendment from Residential-Large Lot to Residential-Low Density for Lots 1 through 3, Block 3, ofthe preliminary plat of The Arbors contingent on Metropolitan Council review. All voted in favor and the motion carried unanimously with a vote of 5 to O. U ndestad moved, Thomas seconded that the Planning Commission recommends that the City Council approve the Rezoning from RR, Rural Residential, to RSF, Single Family Residential for the land within the plat of The Arbors subject to final plat approval for The Arbors. All voted in favor and the motion carried unanimously with a vote of 5 to o. U ndestad moved, Thomas seconded that the Planning Commission recommends that the City Council approve the preliminary plat for the Arbors creating 22 lots, 3 outIots and public right-of-way, plans prepared by Otto Associates, dated October 31,2006, subject to the following conditions: 1. The house designs, locations and driveway configurations for Lots 1 and 2, Block 1, must be revised to maintain the required wetland setback. 2. Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a condition of approval for The Arbors. The park fees shall be collected in full at the rate in force upon final plat submission and approval. 3. Fire Marshal's Conditions: 4 Planning Commission Meeting - January 16, 2007 a. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xce1 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. b. 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. 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 501A. d. 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 State Fire Code Section 503.2.3. e. Submit proposed cul-de-sac name to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. f. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 4. 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. Existing wells and on-site sewage treatment systems on the site must be abandoned in accordance with State Law and City Code. d. The developer must submit a list of proposed street names for review and approval prior to final plat of the property. e. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. f. Separate sewer and water services must be provided each lot. 5. City Forester's Conditions: a. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall be in place and maintained until all construction is completed. 5 Planning Commission Meeting - January 16, 2007 b. Any trees removed in excess of proposed tree preservation plans, dated 10/31/06, will be replaced at a ratio of 2: 1 diameter inches. c. A minimum of two trees shall be planted on each lot. d. Tree conservation easements on Lots 5, 8, and 9, Block 1 shall be enlarged beyond what is shown on plans dated 10/31/06. e. Tree conservation easements shall be located on Lots 1-3, 5, 8-9, Block 1. f. The applicant shall replace Colorado spruce shown on landscape plan with concolor fir or Norway spruce. 6. City Engineer's Conditions: a. In order to meet the 10% maximum allowable driveway grade on Lots 1 through 3, Block 1, the builder may have to put steps in the garage to accommodate the grade change. b. The dead pool volume of the pond needs to be increased by 360 cubic feet to meet the MPCA Phase II requirements. c. The proposed 1036 foot contour on Lots 12 and 14, Block 1 must be shifted so that the backyard grade is minimum 2%. d. The proposed major contours must be a different line weight or type. e. Based on the grading plan, the home on Lot 5, Block 1 will be a walkout, not a full basement. f. The top and bottom of wall elevations of the wall must be shown on the grading plan. g. Preliminary plat approval shall be contingent upon the approval and construction of Project 06-06. h. Watermain must be minimum 18 inches above or below the sanitary sewer. 1. Access for Lots 2 and 3, Block 3 will be addressed and constructed when those lots are final platted. J. An encroachment agreement is required for the gravel drive and turnaround within the Dogwood Road right of way south of West 78th Street. 7. Water Resources Coordinator's Conditions: 6 Planning Commission Meeting - January 16, 2007 a. The applicant shall classify Wetland 2 using the results from the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0). An electronic version of the completed MnRAM evaluation shall be submitted to and approved by the city to establish the classification of Wetland 2 so the appropriate wetland buffer and setback requirements can be determined. b. A wetland buffer 50 in width and a 50 foot setback from the wetland buffer must be maintained around Wetland 1. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. Wetland buffer and setback requirements for Wetland 2 are contingent upon review and approval of the MnRAM for that wetland. c. The proposed driveways and structures on Lots 1 and 2, Block 1 appear to be within the wetland setback for Wetland 2. The applicant shall submit house plans that will meet the required setbacks on Lots 1 and 2, Block 1. d. The proposed conservation easement shall be revised to envelop Wetland 2 and the required wetland buffer. e. A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. A Storm Water Pollution Prevention Plan (SWPPP) will be required in conjunction with this application. The SWPPP shall be provided to the City so it can be reviewed by the Carver Soil and Water Conservation District prior to the preconstruction meeting for the project. f. The proposed storm water pond shall be constructed prior to disturbing upgradient areas and used as a temporary sediment basin during mass grading. Diversion berms/ditches may be needed to divert water to the pond and a temporary pond outlet shall be provided. The outlet could be a temporary perforated standpipe and rock cone. The plans shall be revised to include a detail for the temporary pond outlet. g. It shall be noted on the SWPPP that all areas that will not be permanently stabilized within the timeframe required by the NPDES permit shall be temporary mulched and seeded. A note shall be included in the dewatering section of the SWPPP that states: "If construction of the proposed temporary/permanent sediment pond is not completed prior to dewatering, the City's on-site construction observer must approve proposed dewatering methods prior to beginning dewatering." h. The plans shall be revised to incorporate Chanhassen's standard details for erosion and sediment control, including 5302A and 5302D. Proposed erosion and sediment controls for individual lots shall include perimeter controls ( silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the Certificate of Occupancy. 7 Planning Commission Meeting - January 16, 2007 1. The applicant shall provide erosion and sediment control along the south and east property lines to prevent discharge of sediment onto adjacent properties. J. All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50 -75 feet. This shall be noted on the plans and discussed at the preconstruction meeting. k. Energy dissipation shall be provided at the inlet to the proposed pond and at the end of the discharge pipe that outlets to the wetland within 24 hours of pipe installation. The discharge location for the outlet of the proposed pond shall be evaluated to ensure that the proposed discharge will not cause erosion issues. Reinforced erosion control matting may be required. I. A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF could consist of rip rap and geotextile fabric or a turf reinforcement mat (a permanent erosion control blanket). A typical detail shall be included in the plan. The overland route from the EOF to Lake Minnewashta shall be shown on the plans and shall be encumbered by a drainage and utility easement. m. 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 Steeper than 3: 1 1 0: 1 to 3: 1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) n. 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. o. Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. p. The plans shall be revised to show a rock construction entrance (minimum 75 feet in length) wherever construction traffic will access the site. 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. q. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $74,570.50. 8 Planning Commission Meeting - January 16, 2007 r. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 8. The developer shall provide in both their sales material and within the association covenants full disclosure about the Minnesota Landscape Arboretum location, use of electric fence, research operations, and agricultural operations including the spraying of trees. 9. The developer shall install sign age on Lots 4 and 5, Block 2, and Outlots Band C warning of the electrical fence on the Minnesota Landscape Arboretum property." All voted in favor and the motion carried unanimously with a vote of 5 to O. APPROVAL OF MINUTES: Commissioner Undestad noted the verbatim and summary minutes of the Planning Commission meeting dated January 2,2007 as presented. Chairman McDonald adjourned the Planning Commission meeting at 7:18 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 9