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2q. Dev Contract for Trotters Ridge CITYOF 1 r 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 CHANHASSEN 1 ' MEMORANDUM TO: Charles Folch, Director of Public Works /City Engineer 1 FROM: Dave Hempel, Assistant City Engineer f DATE: September 8, 1993 SUBJ: Approve Addendum to Development Contract for Trotters Ridge Project No. 93 -18 On August 23, 1993, the City Council approved the development contract for Trotters Ridge. Since then staff has met with Mr. Dick Putnam of Tandem Properties, developer of Trotters Ridge. Mr. Putnam has had concerns with the language in one of the conditions of the 1 development contract and has requested some modifications to the language. The specific condition was under Special Conditions (Page SP -3), Item 8B. The attached excerpt has the change printed in bold lettering. Staff also notice Item 8BB (Page SP -6) should be changed ' accordingly. This request is made on behalf of the developer due to the significant crowns some of the mature bur oak trees have on this property. With these crowns the trees would extend over and beyond the street as well as on the proposed home site. Staff is working with the developer to save as many trees within the right -of -way as possible without jeopardizing traffic safety. As building permits are issued staff will review each permit in the field first to determine ' tree removal consistent with the development contract. The applicant has retained Rainbow Tree - Service to assist in determining which trees can be saved as well as pruning techniques in an effort to save the trees within the right -of -way. 1 Attached is a letter from the City's Forestry Intern, Jeffrey Schultz, regarding the snow fencing (1 times the dripline) requirement stipulated in the development agreement. Staff will continue to work with the developer in the field to provide the utmost protection for the existing trees in the development. It is therefore recommended that the amendment to the development contract be approved as shown on Attachment A (Pages SP -3 and SP -6). OFFICIAL ENGINEERING COPY ktm Received Revision No I c: Dick Putnam, Tandem Properties Approved by City Engineer Date _ 2 9/9/9 0 AAPxoved by City Council Ord 1 1 CITYOF CHANHASSEN 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM ' TO: Dave Hempel, Assistant Engineer FROM: Je ff Schultz, Forestry Intern Fi`/ ' DATE: September 8, 1993 SUBJ: Tree Fencing Requirements for Trotters Ridge On September 3, 1993, we met with Dick Putnam of Tandem Properties, the developer of ' Trotters Ridge, and Paul Krauss. The topic of discussion was the tree fencing requirements for this project. Mr. Putnam was concerned that it would be difficult, if not impossible, to place protective fencing at the required distance of one and a half times the diameter of the dripline for many of the trees on the site. In my opinion, Mr. Putnam has a legitimate concern. Many of the trees on the site are very large ' bur oaks with crown spreads approaching 100 feet. If they were all fenced as per the requirements in the development agreement, further development of the site would be impossible. Therefore, after some discussion, we decided it would be in everyones best interest to change the 1 wording of the fencing requirements to allow for exceptions. The new wording should basically state that fencing is required at one and a half times the diameter of the dripline or as close to that distance as possible. This would allow some flexibility for situations where a tree can ' clearly be saved even though its entire root zone cannot be preserved. After walking Trotters Ridge with Mr. Putnam, I agree there are many trees that have an ' excellent chance for survival without being fenced completely at one and a half times the dripline diameter. Furthermore, if these saveable trees were fenced as per the agreement, much of the planned development would be impossible without violating the fence lines. 1 1 I/ reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until all improvements are complete and accepted by the City. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Tandem Properties 7808 Creek Ridge Circle, Suite 310 Bloomington, MN 55439 Telephone: (612) 941 -7805 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 690 Coulter Drive, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (612) 937 -1900. 8. Other Special Conditions. A. The landscaping plan shall be amended to include 1 landscaping between the westerly lots and the industrial land to the west where vegetation does not already exist, and two front yard overstory trees shall be required for each lot where two trees do not exist. B. All trees designated for preservation shall be protected by a snow fence 1 times the diameter of the drip line or the maximum dimension deemed - feaai - b - 1e — - by staff prior to any alteration of the site. Any understory vegetation within the snow ' fence shall also be preserved. C. Each of the lots shall have a woodland management plan developed by the developer prior to issuance of certificate of occupancy. The woodland management plan shall be developed by a licensed forester approved by the city. A copy of the woodland= management plan shall be kept in the building permit file and a copy will also be given to the homeowner. D. Unless a lot already has two overstory trees in the front yard, additional overstory trees, from the city's approved list, shall be planted in each lot so that there are two overstory trees in each front yard. If this has not been accomplished prior to the issuance of a building permit for a lot, before a building permit is issued, arrangements must be made to have the trees planted within one grading season after the building permit is issued. The city should require security to guarantee compliance. 1 E. The wetland boundaries including buffer areas will have a monument designating it as protected wetland at each lot line. SP -3 1 1 II I Y. Staff shall work with the City Attorney to draft an agreement with the developer to provide financial guarantees for removal and replacement of any trees removed or die up to 3 years after the streets are constructed within the right -of -way which 1 were not approved for removal. Z. All lots comply with this standard except for Lot 15, Block 2. A 20 foot front yard setback results on this lot due II to the placement of the existing home, location of the street, expansion of the street to a 60' right -of -way to meet city standards and inability to relocate the street without pushing I homes into a wetland. A 5 foot variance from the PUD standard is required and we believe warranted under this situation. AA. All lots shall meet the 90' frontage requirements. I The applicant shall provide documentation demonstrating that final plat lot dimensions and buildable areas are consistent with the preliminary plat and meet or exceed city standards. II BB. Only the trees listed in Attachment #11 will be permitted to be removed. All other trees shall be preserved and I protected with snow fence located at 154 times the drip line or the maximum dimension deemed feasible by staff. Staff has developed an understanding of which trees will be preserved. The applicant II shall demonstrate that plans have been developed in conformance with this understanding. CC. Staff supports a variance to the 8% street grade in II an effort to minimize grading limits and tree loss. DD. The garage structure on Lot 15, Block 2 shall be I removed from the right -of -way in conjunction with site grading. The new driveway to Lot 15, Block 2 shall be reviewed and approved by City staff. The driveway shall be constructed with a bituminous or concrete surface. II EE. Once final plat approval is granted the applicant could be allowed to proceed with site grading as long as they enter II into a development contract with the City and provide the necessary financial security to guarantee erosion control measures and site restoration. II FF. The applicant shall work with City staff in grading the backyards along Galpin Boulevard to be compatible with the future street grade of Galpin Boulevard. 11 GG. All erosion control fence along wetland areas shall be Type III. The applicant shall be required to install erosion II control fence (Type I) 10 feet behind the curb immediately after the streets are constructed with the first lift of asphalt surface and after the boulevards have been backfilled to grade. II HH. The applicant shall be compensated by the City by a reduction in the assessments to the development for construction of the oversized watermain along Lots 1 and 2, Block 1 within the II SP -6 II