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07.18.2023 Planning CommissionCHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES JULY 18, 2023 CALL TO ORDER: Vice Chair Alto called the meeting to order at 6:00 p.m. MEMBERS PRESENT: Erik Johnson, Kelsey Alto, Perry Schwartz, Ryan Soller, Edward Goff MEMBERS ABSENT: Chair Eric Noyes, Steve Jobe STAFF PRESENT: Bob Generous, Senior Planner; Eric Maass, Planning Director; Joe Seidl, Water Resources Engineer PUBLIC PRESENT: Les MacLeod 1919 Woodstone Lane Tommy Everson 5301 Glen Brey Circle Mark Nordland Level 7 Development John Sonnek Cudd Homes Jon Gilbert 1641 Jeurissen Lane William Hanke 8320 Suffolk Drive Justin Baulm Mesenbrink Construction & Engineering, Inc. Tim Craine 1956 Andrew Court Nichole Jesse 8198 Stone Creek Drive PUBLIC HEARINGS: 1. CONSIDER A REQUEST FOR A VARIANCE TO ALLOW THE CONSTRUCTION OF AN ACCESSORY DWELLING UNIT WITHIN A SINGLE-FAMILY HOME AT 2730 SANDPIPER TRAIL Senior Planner Bob Generous gave a summary of the staff report, noting the applicant is requesting to remodel 600 square foot room above the garage to facilitate intergenerational living. The applicant meets the requirements to allow a two-family home based on demonstrated need upon age. Commissioner Schwartz asked when previous variances similar to this request have been reviewed. Mr. Generous stated they received one in July. Commissioner Schwartz asked if these types of requests have been increasing. Planning Director Eric Maass stated that he did not have this specific number available at the moment. Planning Commission Minutes – July 18, 2023 2 Commissioner Johnson asked the purpose of the variance since the utilities and entrances are not separate. Mr. Generous stated it does not allow the property to rent out the space. Commissioner Schwartz stated if they did not seek a variance, they would be eligible for a short-term rental. Mr. Generous stated they do not get involved with rentals of portions of home if the space does not have a separate place to eat, sleep, and use the restroom. Vice Chair Alto asked if they rent it out in the future, what the punishment would be. Mr. Generous stated it would be a violation of the zoning ordinance. Les MacLeod, 1919 Woodstone Lane, the owner of the house, stated his sons currently live at 2730 Sandpiper Trail. Vice Chair Alto opened the public hearing. There were no public comments. Vice Chair Alto closed the public hearing. Commissioner Johnson asked about the wording of the code. Mr. Maass stated staff could review the ordinance. Vice Chair Alto asked for clarification of the code. Mr. Maass stated it connects back to the single-family definition and definition of a dwelling. Commissioner Schwartz clarified if the home is sold, the variance would remain present in the title. Commissioner Johnson stated the two-family dwelling language rather than accessory dwelling unit was present in the code and asked for clarification. Vice Chair Alto stated staff can review the language. Commissioner Schwartz moved, Commissioner Soller seconded that the Chanhassen Board of Appeals and Adjustments approves a variance to permit the applicant the use of a single-family dwelling as a two-family dwelling, subject to the conditions of approval, and adopts the attached Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2. CONSIDER A REQUEST FOR A SIDE YARD SETBACK, LOT COVER, AND OTHER VARIANCES TO ALLOW THE CONSTRUCTION OF A SINGLE-FAMILY HOME AT 3732 HICKORY ROAD Senior Planner Bob Generous reviewed the variance request for 3732 Hickory Road. There is an existing home on the lot. The property owners wish to demolish the existing home and replace it with a three-story new home. The property owner is requesting a side yard setback of 8 feet east, 7.9 feet west, and 4.9 feet for the walkway canopy, lot cover is 27.3 percent. Commissioner Schwartz asked where the garage would be located. Mr. Generous stated it would be streetside. Planning Commission Minutes – July 18, 2023 3 Tommy Everson, 5301 Glen Brey Circle, architect for the project, stated the owners use the property seasonally, but plan to move to the residence full-time. Mr. Everson stated that the 3- story home will be just over 3,000 square feet. The home is compact due to the lot size. Vice Chair Alto opened the public hearing. There were no public comments. Vice Chair Alto closed the public hearing. Commissioner Goff moved, Commissioner Johnson seconded that the Chanhassen Board of Appeals and Adjustments approves the requested 10-foot front yard setback variance, subject to the conditions of approval, and adopts the attached Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 3. CONSIDER A REQUEST FOR PRELIMINARY PLAT, SITE PLAN, AND EASEMENT VACATION FOR 53 ROWHOMES LOCATED AT THE SW CORNER OF POWERS AND LYMAN BOULEVARDS Planning Director Eric Maass shared the PUD Master Plan which was previously approved by the city in September 2022. Mr. Maass shared the recent architecture renderings received on July 18. Staff appreciated the dormers added and the brick. Mr. Maass asked planning commission about the preferences with the roof line structure. Commissioner Goff asked what we are reviewing since this was just received today and did not have close review. Mr. Maass stated they are looking for recommendations for approval. Commissioner Schwartz asked if the units are required to have a fire suppression system. Mr. Maass stated that the applications are reviewed by the City Fire Marshall. Commissioner Schwartz asked if there were concerns about emergency services access. Mr. Maass stated the private road meets the standards for a private road and the emergency staff reviewed the space and stated there was adequate space. Mark Nordland, Level 7 Development, and John Sonnek, Cudd Homes, shared the current project details. Mr. Sonnek explained that roofline architecture does have definition, but the renderings make it difficult to identify. Mr. Sonnek stated any building over two stories has fire suppression, so the homes will have sprinklers built inside them. Commissioner Goff asked for an estimate of a range for the price of the home and the square footage. Mr. Sonnek stated they are working on developing this estimate. The homes will be approximately 3,300 square feet. There will be no basement in these units. There will be numerous options for the home, ranging from 3 to 4 bedrooms. Commissioner Johnson asked about the directions of the roads. It was noted that the roads are two-lane private roads but are not set up for parking along the roads. Commissioner Johnson asked about the garage directions. Mr. Sonnek stated that the garages face the street. Each Planning Commission Minutes – July 18, 2023 4 resident has four parking spots – two in the garage and two in the driveway and there are also 20 guest parking lots. Commissioner Johnson asked about the large complex in the center. Mr. Nordland stated they will be apartment buildings. Commissioner Johnson asked about sidewalks to get to the retail sector. Mr. Nordland stated there will be sidewalks and bike trails on both sides of the apartment building. Commissioner Schwartz stated the garage access could be difficult for individuals on the end of the units. Vice Chair Alto stated the street is a normal double-wide street, the renderings make it look smaller. Commissioner Schwartz questioned the difference between using roundabouts or streetlights near these buildings. Mr. Nordland stated at Lyman and Sunset there will not be a roundabout but possibly a traffic signal. At Powers, there will be a fourth traffic signal added. Vice Chair Alto opened the public hearing. Jon Gilbert, 1641 Jeurissen Lane, will be adjacent to the Outlot A of the project. He asked about moving snow and where it would go. He also questioned whether there would be crosswalks or four-way stops to allow safety for local families with children. Additionally, Mr. Lane stated top soil was being filled to where retention ponds were located. He asked if the hydrodynamics change or if this is a temporary grading effort. He questioned if the 53 row homes was an increase and if there needs to be cuts to other parts of the project, including the 55-and-older housing or the apartments. He stated it would be unfortunate for the elderly housing spaces to be cut. William Hanke, 8320 Suffolk Drive, stated there was supposed to be senior housing availability. He is concerned that the original intent seemed to be to provide this housing option, but now that does not seem to be the focus. Vice Chair Alto closed the public hearing. Commissioner Goff asked about the senior housing status. Mr. Maass stated there are 783 approved living areas in Avenida. There are units for senior housing units planned but the final number is not known. The PUD does not dictate the number of bedrooms per unit. He stated the concern is noted and staff will monitor when future phases of the project come to fruition. Mr. Maass stated if residents have traffic safety concerns, please reach out to the Traffic Safety Committee through the city’s website. Commissioner Schwartz asked if there were concerns about pedestrian accessibility to the retail development. Mr. Maass stated the existing sidewalks will continue to exist outside of the PUD. These sidewalks could be considered during future road projects. Commissioner Schwartz questioned the city control of snow removal for private and public sidewalks. Mr. Maass stated Planning Commission Minutes – July 18, 2023 5 there is ordinance within 48 hours and there is not concerns as there is hired snow removal. Commissioner Schwartz explained there is challenge with snow removal in the private road in his own neighborhood association. He mentioned some snow removal companies have a certain measurement of snow fall prior to removal, which can create ice buildup and danger to pedestrians. Commissioner Johnson revisited citizen concerns on Bluff Creek Boulevard and tree coverage. He asked commissioners for any other questions or concerns. Mr. Maass stated there is adequate roadway usage. Commissioner Johnson asked about the amount of space in the Avienda development planned for residential uses and the total number of residential units being planned for. Mr. Maass stated that the Avienda PUD allows for 783 residential units and that alterations to that figure would require an amendment to the Avienda Planned Unit Development (PUD). Vice Chair Alto stated this could not be discussed as it is not currently an issue. Mr. Mass stated retail will continue to build as the residential spaces are built. Mr. Nordland stated there is not demand for buildings for seniors with services in Chanhassen. After the pandemic, this demand shrunk and it will take some time for this demand to grow again. They are planning 55+ units for active adults, which is considered senior housing. There will not be services but will be socialization. Commissioner Schwartz questioned the building number on the south, which was previously approved for 300 units. The PUD was approved for up to 300 units but the developer for this project backed out due to demand in the marketplace study. Commissioner Schwartz asked for consideration of guest units, noting there may be hotel developers in the projects in the future. He also asked if the buildings will be market rate. Mr. Nordland stated this is correct. Commissioner Goff stated the PUD has changed since approval in August, which is appropriate as the PUD will change. He asked if the Planning Commission could receive updates. Mr. Nordland stated that the PUD that was approved allowed for flexibility, so it has not changed since approval. As soon as a lot is purchased, they will have facility documents in front of the Commission. Mr. Nordland stated there are 27 separate projects within the PUD Master Plan and there are many moving pieces. These are all within the confines of the PUD. Commissioner Johnson addressed the architectural plans for the row homes, noting these will appeal to community members. Vice Chair Alto agreed the look was timeless and would appeal to residents. Commissioner Johnson moved, Commissioner Schwartz seconded that the Chanhassen Board of Appeals and Adjustments approves of the Preliminary Plat, Site Plan, and Vacation of Existing Easement for the construction of 53 Rowhomes subject to the to the conditions of approval (Planning Case #2023-10), and adopts the attached Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 4. CONSIDER A REQUEST FOR A SUBDIVISION REPLATING TWO OUTLOTS, A VACATION OF EASEMENTS, AND A RIGHT-OF-WAY, A WETLAND Planning Commission Minutes – July 18, 2023 6 ALTERATION PERMIT, A SITE PLAN REVIEW OF TWO OFFICE/INDUSTRIAL BUILDINGS WITH A TOTAL SIZE OF 394,247 SQUARE FEET OF PROPERTY LOCATED AT THE SW CORNER OF ARBORETUM BLVD AND AUDUBON BLVD. Senior Planner Bob Generous reviewed the current zoning and land use of the property. Site A will contain an office warehouse manufacturing building. Walls can be used in this for separate business owners if needed. Building A and B are similar constructions with opposite color pallets. Mr. Generous reviewed the materials. The developer is proposing filling in four wetlands at the property. They are preserving wetlands on the north side of the property. Commissioner Schwartz asked where the Excel project is in relation to this project. Mr. Generous stated it is adjacent to this project. He explained and showed where it is and what it would look like. Commissioner Goff asked how a developer can remove wetlands. Joe Seidl, Water Resources Engineer, explained it is part of a sequencing application outlined by State statute and disseminated to the cities to manage this. There is a committee called the Technical Evaluation Panel (TEP) who consider the sequencing application, including the need, as a wetland is a helpful water resource. Mr. Seidl noted there are additional questions regarding the design for minimization and mitigation for these impacts. Often this is buying wetlands as a penalty. The TEP has looked at applications for numerous months. They have asked about the need for the size of the building, if there can be other considerations, or if there could be more configurations for parking. The TEP meets monthly and issued a findings of fact to the applicant with questions necessary for the applicant to answer. Mr. Seidl stated the TEP is meeting this week, so there should be an updated recommendation at this time, but the city makes the final decision. Vice Chair Alto asked when City Council reviews this application. Justin Baulm, Mesenbrink Construction & Engineering, Inc., stated the construction site is difficult with semi traffic, so truck parking in the middle is the most appropriate. There are two potential tenants if the project can move forward. Vice Chair Alto noted one tenant is growing their footprint and asked if they are a local business. It was indicated that one tenant is a local business and the other tenant is a regional business but does a lot of business in the State. Mr. Baulm showed the construction materials to help provide a better picture of the development. Commissioner Schwartz asked about the consideration of the townhouse development to the south. Mr. Baulm stated this development is about 12 miles away. Commissioner Goff asked if they have talked with the Child Care Center nearby. It was indicated the developers have not, but one tenant is excited about this possibility to provide adequate child care for their employees as a close distance. Planning Commission Minutes – July 18, 2023 7 Vice Chair Alto opened the public hearing. Tim Craine, 1956 Andrew Court, asked about the entrances on Coulter Street. Vice Chair Alto stated there are two entrances going in. Mr. Craine asked how tall the buildings are and the entrances for the trucks to enter the buildings. It was noted that the parking lot is on the north and south side of the building for employees. Nichole Jesse, 8198 Stone Creek Drive, stated she came to listen to the presentation. She is a green space person and is concerned because the Excel facility was added and now this new building site. She noted Coulter is a two-lane road with truck traffic near a school so she is concerned about the additional traffic for the residents and the schools. Vice Chair Alto asked if there would be a truck study. Mr. Generous stated it was in the documentation. Mr. Baulm stated the main truck traffic would be on McGlynn Road, while the employees would drive in on Coulter. Vice Chair Alto closed the public hearing. Commissioner Johnson asked about the preschool near the building site. He also asked if there were any concerns about the preschool being near the building site with the zoning of office industrial. Mr. Generous stated it is a permitted use in the district. The preschool went in under the IOP zoning, which would permit one of the new buildings to put in a daycare, if desired, but would need to include a play area for children. Commissioner Schwartz asked if there was concern about the proximity of the preschool to the noise and pollution with the truck traffic. Mr. Generous stated he would need to review the traffic study. Commissioner Johnson asked about the wetland and tree cover. He also asked if there is green space being removed in an industrial zoned area, what are the requirements to protect the green space. Mr. Generous stated there needs to be additional site landscaping along Highway 5 for a noise buffer. There could also be trees added near the wetland area. Commissioner Johnson stated he appreciated the elements of design of this industrial business park. Commissioner Schwartz asked about the different types of building materials for other industrial parks. He also asked if the building materials were softer like brick if it would benefit. Mr. Generous stated this is a preference and the builders are including many different features for design benefit. Commissioner Schwartz moved, Commissioner Goff seconded that the Chanhassen Board of Appeals and Adjustments approves the Subdivision, Site Plan, and the Wetland Alteration Permit request for the construction of the Audubon Business Park subject to the to the conditions of approval (Planning Case #2023-16), and adopts the attached Findings Planning Commission Minutes – July 18, 2023 8 of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 5 to 0. GENERAL BUSINESS: None. APPROVAL OF MINUTES: 1. APPROVAL OF PLANNING COMMISSION MINUTES DATED JUNE 6, 2023 Commissioner Goff motioned to approve the Planning Commission meeting dated June 6, 2023 as presented, Commissioner Schwartz seconded. All voted in favor, and the motion carried 5 to 0. COMMISSION PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS Planning Director Eric Maass shared City Council tabled the Café Zupa application and adopted a moratorium. There is a joint meeting with the City Council scheduled on July 24, 2023 at 5:30 p.m. Commissioner Goff asked if the meeting would be captured in minutes. Mr. Maass stated there would be minutes since it is a formal meeting. Commissioner Johnson asked about the duration of the moratorium. Mr. Maass stated it would be January 2024 or upon the adoption of an updated ordinance and they are working towards 60 to 90 days. Commissioner Johnson asked if it could be extended. Mr. Maass confirmed this. Commissioner Johnson asked if there would be any legal constraints. Mr. Maass stated it could not be permanent. Mr. Maass stated the city received favorable applications and completed interviews for the assistant planning role today. Commissioner Johnson asked if there would be any documentation to review prior to the July 24th meeting. Mr. Maass stated there would be a packet shared. CORRESPONDENCE DISCUSSION: None. ADJOURNMENT: Commissioner Schwartz moved to adjourn the meeting, Commissioner Goff seconded the motion. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 7:56 p.m. OPEN DISCUSSION Submitted by Eric Maass Planning Director