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4. Preliminary plat subdivide John Klingelhutz C ITY 0 F PC DATE: iel \I cHANHAssrx CC DATE: 2/25/91 I ∎1.7- - CASE #: 90-10 SUB By: Olsen/v I - 1. 4 go vo,. . /v ISTAFF REPORT 3° °O° 1.Z 6b 2,'X3= `° zoo soe "0�oAo 90 '0- IPROPOSAL: Preliminary Plat to Subdivide 78 Acres into 68 Single IFamily Lots Wetland Alteration Permit to Develop Within 200 feet of Z a Class A Wetland and to Create Retention Ponds Adjacent 1 Q to a Class A Wetland V IIJ LOCATION: Northwest Corner of Lyman Boulevard and Lake Riley a. Boulevard a_ IIQ APPLICANT: John Klingelhutz Engelhardt & Associates _ 350 East Hwy. 212 1107 Hazeltine Blvd. Chaska, MN 55318 Chaska, MN 55318 - IPRESENT ZONING. RSF, Residential Single Family/R4, Mixed Low Density Aran +..v i. ,..,, .-,.,c IACREAGE: 78 acres (gross) 31 acres (net) r . DENSITY: .87 units per acre (gross) r, .. --I T I2 .2 units per acre (net) r::tA �_, : - -_ ADJACENT ZONING AND °.....-~_--. --~--: LAND USE: N - RSF; single family 1 Q rare : rf S - RSF; vacant -z -w a 1. E - R12 ; Lakeview Hills Apartments 0 W - RSF; single family • WATER AND SEWER: Within the MUSA area. Water and sewer will 1.11.1 have to be extended to the site. II- 7 PHYSICAL CHARACTER. : Currently vacant except for one single family residence. The site contains a large Class A wetland and some areas of vegetation. The majority of the site is farmed. 2000 LAND USE PLAN: Low Density Residential I I M ti ,' 1 - SINNER IRCLE �L A �E SUSAN ` �� r R/CE M R r____:_iiatit \ a __ \. _. ._...._.) ,_... r r,40 _ _ ii *11�. II ' 'cam 4 44PireAh az SERVICE _ 4Mb IRIv "nal ± , ������t.���1e u, AREA I � _ Q A •°* POND r _ �7ULLY -D Q ■= _�. 'T- /76e? ` '�. Vi 1 BOt1�EYA,RD ` (C.R. 181 _ 1� f i . ii j.- .. J RN sr , I I 1 �' 11 w:// . � 11IIIJ �p , LAKE 4 !. �'( V` R/LEY �� * i j >-, 1 . a` ,k zz i.1 .moo '�` v \ ., , . 410 4p. --ii- - _ ___ 1 ,_____________ _I 1 . . — FA-iW 2 _um M ESL! i E r 4411111 P is ill.r: TL-7-.111116' a1 ■ _, W 1 isrf" __ , . ii-, * e _ -.. rifi. , ':;------ - I Lake Riley Hills r February 25, 1991 Page 2 BACKGROUND On October 3, 1990, the Planning Commission reviewed the preliminary plat for Lake Riley Hills. At that time, the preliminary plat was for 75 single family lots versus the currently proposed 68 lots. The Planning Commission recommended approval of the preliminary plat with the following conditions (Attachment #1) : 1. Revised the preliminary plat to provide the following: a. Lot 5, Block 4 shall have a depth of at least 125 feet. b. Lot 10, Block 1, shall have four sides. ' c. Lots 11 and 12, Block 1 shall have lot frontages of 90 feet. d. Lot 1, Block 5 shall have a lot depth of 125 feet. 2. The right-of-way dimensions for North Road and West Road shall 11 be 60 feet in width and the right-of-way dimensions for the cul-de-sac shall be a 60 radius. The applicant shall grant a 60 foot wide right-of-way for Lyman Boulevard along the southern border of the plat and a 120 foot wide right-of-way along Lake Riley Boulevard. The temporary cul-de-sacs on North Road shall be barricaded and signed designating them to be temporary in lieu of future road extensions and will be provided with easements over the cul-de-sacs beyond the dedicated right-of-way. 3 . The applicant shall remove the gravel road bisecting the Class ' A wetland into 2 wetland areas coordinated with City staff, Department of Natural Resources, Corps of Engineers and Fish and Wildlife Service. 4 . Final plat approval will not be granted until the applicant has submitted the letter of credit for the feasibility study to be performed and not until the findings of the feasible study are known and the City Council takes appropriate action to provide municipal water service to the site. ' 5. The applicant shall submit flow calculations for the sanitary sewer system to verify pipe capacity and minimum score velocities through all the sewer segments within the proposed subdivision. 6. The applicant shall provide the following easements: ' a. Easement over the temporary cul-de-sacs. b. Easements over all sanitary and storm sewer extensions. 1 11 Lake Riley Hills February 25, 1991 Page 3 ' c. Easements over detention ponds. d. Standard drainage and utility easements. e. dedication of all right-of-ways. The applicant's engineer review the total capacity of the ponding basins needed to meet the predicted retaining ' requirements and verification that the proposed ponding areas can be accessed for city maintenance. Provide existing drainage facility information to and from the site ' (specifically, the culvert under Lyman Boulevard) . The storm drainage plan shall be modified to incorporate runoff from the westerly temporary cul-de-sac on North Road. 7. Lots 30-35, Block 3 and Lot 4-8, Block 3, shall be provided with special slope stabilization methods such as wood fiber blankets and Type III erosion control. Type III erosion control shall be provided over the entire area bordering the wetland and along the north side of North Road. Wood fiber blankets shall be required as slope stabilization for all of the rear lots bordering the wetland area and on all the areas where the slopes are 3: 1 or greater. Silt fence erosion control shall be installed around any and all proposed detention ponds on the project and the entire site shall be seeded and mulched immediately following completion of the grading operation. 8. The applicant shall provide current planned right-of-way grade and elevation information for the future Trunk Highway 212 Improvements for the segment of roadway through this ' subdivision. Noise abatement measures such as earth berming shall be shown on the plan along the southern border of the Hwy. 212 corridor. ' 9. The applicant shall provide a tree removal plan with detailed information on the size and type of trees being removed and with a landscaped plan provided for the replacement of over 4 caliper inch being removed. 10. The applicant receive Watershed District, Pollution Control Agency and Health Department and any other applicable agencies or permits. 11. The applicant's engineer shall make the necessary changes as Ioutlined on the plan sheets reviewed by the Asst. City Engineer dated September 24, 1990, and submitted back to the applicant for the proper changes. 12. The applicant shall provide a registered engineer's report on soils, footings and structural design and certification of a I Lake Riley Hills I February 25, 1991 Page 4 registered engineer verifying that the grading and drainage has been constructed according to the approved plans prior to the issuance of building permits. I 13 . The applicant shall dedicate Lots 21-26, Block 3 for park land dedication and shall construct a 5 foot wide concrete sidewalk along the southern boulevard area of North Road and along the eastern boulevard area of West Road. 14. The applicant shall enter into a development contract with the city and provide the necessary financial securities associated with the project. 15. Lot 5, Block 1, shall be designated as an outlot and ' unbuildable. 16. Approval is conditioned upon compliance with all conditions of the Wetland Alteration Permit. 17 . The applicant shall look into the feasibility of turn lanes and turn lanes shall be added if city staff feels it is appropriate and necessary for safety to get people in and out of the new subdivision. 18 . Outlot A in Block 3 shall be under ownership of adjoining properties. 19 . Plans shall be drawn and submitted to city staff for approval to get a berm and screening along Lyman Boulevard between Lot 1, Block 1 and between Lots 1 and 2, Block 3. ' Conditions of the Planning Commission approval resulted in revisions to the preliminary plat. In addition staff requested the applicant provide right-of-way for future improvements to Lyman Boulevard as proposed in the Eastern Carver County Transportation Study and includes the removal of lots to provide park land as required by the Park and Recreation Commission. The result was a reduction of 7 single family lots. The new preliminary plat maintains the same lot configuration that was approved by the Planning Commission. The most significant changes occur through Lots 1-8, Block 3, adjacent to Lyman Boulevard. The lots have been rearranged in this location along with the south road cul-de-sac to accommodate the additional right- of-way for Lyman Boulevard. The other significant change includes Lots 1 and 2, Block 5, where they are reconfigured to accommodate the new Lyman Boulevard right-of-way. The revised preliminary plat has addressed several of the conditions from the original staff report such as the plat now provides 60 feet of right-of-way along I rLake Riley Hills February 25, 1991 ' Page 5 the streets, provides adequate setback from the wetland and provides for the park land. The following staff report has been revised to reflect the current preliminary plat proposal. ' PROPOSAL/SUMMARY The applicant is proposing to create 68 single family lots on property zoned RSF and located at the northwest corner of Lake Riley and Lyman Boulevard. The parcel contains a large Class A wetland and part of the Hwy. 212 right-of-way. The applicant has ' applied for preliminary plat approval and a weland alteration permit to allow development within 200 feet of a Class A wetland. The 78 acres contains 31 acres which will contain the 68 single family lots, 24 acres of outlots and 24 acres of street right-of- 111 way. The outlots are as follows: Outlot A 564,249 square feet and contains the Hwy. 212 ROW and the remaining property to the north of Hwy. 212 Outlot B Park land containing 82,592 square feet Outlot C 356,843 square feet and is the Class A wetland Outlot D 13, 364 square feet and is a remnant parcel for the Lyman Blvd./Lake Riley Blvd. right-of-way ' Outlot E 25, 007 square feet and is a remnant piece located between Lyman Boulevard and the South road cul-de-sac The street right-of-ways proposed for the plat contain the internal streets as part of the subdivision, the proposed Hwy. 212, Lake Riley Boulevard and Lyman Boulevard. The single family lots are ' divided into 5 blocks with a net density of 2.2 units per acre which meets the maximum of 3.4 units per acre for residential low density. The lot sizes range from 15, 000 square feet to 41,803 square feet with an average lot size of 19,772 square feet. The subdivision has gone through several revisions to meet the ' zoning ordinance requirements and to accommodate the Class A wetland and additional right-of-way for Lyman Boulevard. With the exception of 3 lots, all of the lots meet the zoning ordinance requirements and there will be no detrimental impact to the Class A wetland which will be preserved in its natural state. As part of the preliminary plat, the Park and Recreation Commission recommended dedication of park land. Outlot B (park land) I Lake Riley Hills I February 25, 1991 Page 6 represents 75% of the total park land required of this subdivision. Therefore, the remaining 25% or $125 per lot will be charged at the time of building permit applications. The subdivision ordinance requires a 300 foot offset for any local streets from the intersection. To meet the requirements of the subdivision ordinance, the South road would have to be shifted approximately 80 feet to the north to maintain the 300 foot offset. With the addition of right-of-way on Lyman Boulevard and shifting the South road to the north to meet the subdivision ordinance, there is the possibility that the applicant would also be losing lots north of the South road and any remaining lots in that area would have the building pads shifted closer to the wetland and the 75 foot setback. Due to the potential of the 300 foot offset requirement pushing development closer to the wetland, staff is in favor of granting a variance to the ordinance requirement and feels that the 220 feet that is being provided will still provide enough safe access for vehicles entering and leaving the site. The revised plat has provided 120 feet of right-of-way for future improvements to Lyman Boulevard. Until Lyman Boulevard is improved and existing right-of-way no longer necessary is vacated, Lots 1 and 2, Block 5 are not buildable due to lack of minimum lot area and lot depth. Therefore, they should be platted as an outlot and combined with Outlot D. The existing Lake Riley Boulevard right- of-way crossing. The lots can be maintained by an easement across the outlot. Staff is also recommending the South road cul-de-sac be pulled back so that it does not directly abut Lyman Boulevard right-of-way and will provide more buildable area for Lots 2 and 3, Block 3 . Staff is also recommending that Outlot E be combined with Lot 1, Block 3 . Outlot E is an unusable strip of ground that will have no clear purpose. As an orphaned parcel it is not likely to be maintained. Lot 1 is impacted by proximity to Lyman Boulevard. Combination of the two will improve both situations. The preliminary plat has serveral conditions of approval, but the majority of the conditions as basic conditions that apply to plats ' and will not result in significant change to the preliminary plat. Therefore, staff is recommending approval of the preliminary plat and wetland alteration permit with conditions provided by staff. ' Streets The subdivision is designed with internal streets that will ' ultimately provide for an east/west future connection over adjoining parcels and access from Lyman Boulevard. The subdivision also proposes 3 cul-de-sacs to access lots adjacent to the Class A wetland. All of the streets provide the required 60 feet of right- of-way and the 60 foot radius for an urban cul-de-sac. 1 1 I Lake Riley Hills February 25, 1991 Page 7 In comparing the proposed plat submitted with the County half- sections, staff is unable to determine whether a 33 foot wide ' segment of land along the north half of Lyman Boulevard has been previously acquired as right-of-way or acquired by easement. Nevertheless, preliminary results contained in the Eastern Carver county Transportation Study (excerpts attached) point to traffic ' volumes in excess of 7,400 ADT for this roadway. It's characteristics rank it as a minor arterial, Class II which will require a 120 foot right-of-way (60 feet on each side of the ' centerline) . It is therefore necessary that a 60 foot wide right- of-way be granted along the southern border of the proposed plat. This width would also allow incorporation of the future trail along ' Lyman Boulevard. The aforementioned transportation study designated the segment of Lake Riley Boulevard north of Lyman Boulevard also as a minor arterial, Class II roadway. Therefore, a 120 foot wide right-of- way will also be required for this road segment. This width would incorporate the future trail. Thus a separate trail easement would ' not be necessary. The applicant has provided the 120 foot wide right-of-way for Lyman Boulevard improvements. This right-of-way will also accommodate safety improvements at the Lyman Boulevard/west road intersection in the form of a right turn lane ' and bypass lane. The ordinance requires that a minimum center line offset distance ' of intersections be 300 feet. Therefore, the applicant will have to shift the intersection of South road and west road approximately 80 feet to the north or receive a variance. The location of the ' South road provides lots with adequate area for development without impacting the wetland. Since shifting the intersection to the north would result in a more closer impact to the wetland, staff would be in favor of a variance to allow the South road to have an ' offset of 220 feet. Initially, the only access to the site will be from Lyman ' Boulevard. When future development occurs around this site, it is anticipated that North Road will be extended both to the east and west and provide additional access points to the subdivision. Until the North Road is extended in the future, temporary cul-de- sacs will be required to be installed at the ends of the North Road. Barricades will also be required to be installed at the temporary cul-de-sacs and they will be signed designating them to be only temporary and a future road extension. Outlot D, which is being separated from the rest of the property by the improvements for Hwy. 212, is currently designated as unbuildable and will be platted in the future. At that time street connections to the site will be reviewed. Lake Riley Hills I February 25, 1991 Page 8 ' There currently exists a private driveway along the easterly boundary of the proposed plat which services a house located in the northeast corner of the site. The residence's driveway was constructed via a dike which bisects the wetland area. It is anticipated that the proposed Trunk Highway 212 improvement will require the removal of this house. In order to convert the wetland area back to it's original state as one contiguous wetland, staff is recommending that the gravel driveway be removed. Such efforts should be coordinated between the Department of Natural Resources, Corps of Engineers and Fish and Wildlife Service and with the City of Chanhassen. In preliminary discussions with DNR and Fish and Wildlife, it was stated that it would be preferred to have the original wetland re-established as one complete wetland. The plat is proposing to continue to service the house with the existing driveway through what is now being proposed as Lot 14, Block 2 . A driveway easement shall have to be provided over Lot 14, Block 2 for access to the existing house. Since the driveway will be crossing over the end of North Road, the removal of the current dirt 'road through the wetland will not remove access to the house since access can now be obtained from the new North Road as part of 11 the subdivision. The area shown on the plat as Outlot D and Lots 1 and 2, Block 5 should all be platted as one outlot at this time. Outlot D and Lots 1 and 2, Block 5, as shown on the preliminary plat, will only exist after the new right-of-way provided for Lyman Boulevard is constructed with the new street and existing right-of-way, which is then no longer necessary, has been vacated. Until then, Lots 1 and 2, Block 5 are not buildable lots and should be included with Outlot D as one outlot. This outlot can then be replatted once the new street has been constructed and the underlying existing rights- of-way have been vacated. Utilities ' A study has been authorized by the City Council at the request of the applicant to determine the feasibility of servicing this area with the water main and sanitary sewer. The applicant has submitted a $10,000 letter of credit to guarantee payment of expenses associated with the feasibility study and the feasibility study should be completed some time this spring. Staff is recommending that the applicant's engineer submit the flow calculations for the sanitary sewer system to verify pipe capacity and minimum score velocities through all of the sewer segments within the proposed subdivision. Staff is also recommending that the applicant's engineer verify that the existing lift station and 4" forcemain sewer to facilitate this subdivision is adequate in size and capacity. It should be noted that the entire development is proposed to be serviced by gravity sewer, however, the I M Lake Riley Hills February 25, 1991 Page 9 ' connection point for this system will be in the vicinity of Lyman Boulevard and Lake Riley Road and immediately upstream from an existing lift station and 4" forcemain. EASEMENTS ' All of the sanitary sewer and storm sewer extensions, will require the respective drainage and utility easements and shall be denoted as such on the plat. The proposed detention ponds and ' corresponding access ways will require easements. The temporary cul-de-sac at both ends of North Road will also require temporary easements to cover the portions outside of the platted right-of-way and shall exist until such time that the road extensions are constructed and the cul-de-sacs are removed. GRADING The plan is proposing to grade the southern two thirds of the site. The final grading will be similar to the existing topography on the ' site which drains primarily southeast into the wetland area. The steepest slopes will be found in the rear yard areas of the lots surrounding the wetland area, specifically, Lots 23-28, Block 3, and Lots 2-6, Block 3 . Special slope stabilization methods such as wood fiber blankets and Type III erosion control will be required in these areas. ' The applicant shall be required to provide noise abatement measures such as earth berming immediately south of the proposed TH 212 alignment. Staff has received a letter from MnDOT stating that the ' improvements of Highway 212 and the subsequent proposal for a single family lot subdivision adjacent to it will require some form of noise abatement. MnDOT further stated that such improvements would not be paid for by MnDOT and are the responsibility of the ' applicant. DRAINAGE ' The majority of the site drains southeast into the wetland area. Detention ponds are proposed to be constructed in an effort to ' maintain the pre-developed runoff rate for the site. Staff is requesting that the applicant's engineer review the total capacity of these ponding basins needed to meet the predicted retaining requirements. Also, the configuration and location of the pond are such that access to the pond by the city for maintenance appears to be very difficult, if not impossible. Staff is recommending that the applicant provide a plan showing designated access points to these ponding basin areas and verifying that they will be able to be serviced by the city crews when necessary. Staff has also asked the applicant to verify the location of these ponding areas on site since they appear to be very close to the wetland edge and may in 1 I Lake Riley Hills I February 25, 1991 Page 10 fact intrude upon some of the existing wetland vegetation. Lastly, the use of small ponds constitutes a maintenance problem. If such is the case, staff would be recommending that the ponding areas be relocated so that there is no disturbance to the existing wetland area. One suggestion would be to relocate the ponding area to a more central location such as between the South cul-de-sac and the loop cul-de-sac where they can be more easily accessed and maintain more distance from the wetland rather than being located completely around the wetland edge. Staff further recommends the two ponding areas be combined into one. The detention pond in Lots 22 and 23, Block 3 is very small and could be combined with the one behind Lots 11 and 12, Block 3. Staff is also requesting that the applicant provide information on the existing drainage facilities such as culverts to and from the site. Specifically, the culvert under Lyman Boulevard which will intersect the South Road cul-de- sac and the outlet culvert to the wetland under Lake Riley Road. Staff anticipates a potential drainage problem with the westerly temporary cul-de-sac for North Road. This portion of the existing site did not previously drain off site to the west. The proposed street grading plans shows this cul-de-sac and the adjacent 100 feet of North Road to not be serviced by storm sewer. Staff recommends that this area be reviewed for storm sewer service. If storm sewer is not feasible, some sort of interim drainage proposal must be submitted that facilitates this lower area not being serviced by storm sewer. Staff suggests one alternative being a temporary overland drainage, via a swale, to the proposed ditch swale to. the rear of Lots 10-14, Block 1. EROSION CONTROL , The plans submitted display Type III erosion control over the entire area bordering the wetland area. Staff is recommending additional erosion control north of North Road. As mentioned previously, wood fiber blankets will be required as slope stabilization measures for all of the rear lots bordering the wetland area and on all the areas where slopes are 3: 1 or greater. Silt fence erosion control should be installed around any and all proposed detention ponds on the project. The entire site should be reseeded and mulched immediately following completion of the grading operation. LANDSCAPING The applicant has shown on Sheet 2 of the plans areas of vegetation. Staff has requested that the applicant provide detailed information on the areas of vegetation as to the type of tree and size. The City will require tree removal plans for those lots with significant vegetation such as Lots 10-16, Block 3 and the city will require replacement for trees with a caliper of 4 and I Lake Riley Hills February 25, 1991 ' Page 11 over (other than species of shrub trees such as box elder) . The applicant has stated that the owner may be planting up to three trees per lot within the subdivision as replacement of trees being removed. In addition to this, staff is requiring the applicant to provide berming and landscaping along Outlot E and Lot 1, Block 3 and along Lot 1, Block 1. The applicant should submit a new grading and landscaping plan providing for such berming and landscaping. The purpose of this berming and landscaping is to provide noise abatement and screening for the lots adjacent to Lyman Boulevard which will become a minor arterial with a high amount of traffic. Berming and landscaping will also be required adjacent to Hwy. 212. PARK AND RECREATION ' The Park and Recreation Commission reviewed the Lake Riley Hills project on September 25, 1990 (Attachment #3) . The Park and Recreation Commission recommended the provision of park land, which the applicant has provided with Outlot B. Outlot B closely • corresponds with the Commission's request for park land; however, the reduction in size of the area requested for park requires an increase in recommended park fees for this subdivision. Outlot B represents 75% of the total park land required of the subdivision. Therefore, the remaining 25% or $125 per lot will be charged at the time of building permit application. The remainder of the September 25, 1990 recommendations remain essentially unchanged. As a part of the park dedication, the applicant will prepare the site according to a grading plan provided by the city. The applicant will construct a 5 ft. wide concrete sidewalk along North ' Road and West Road in lieu of trail dedication fees. It is important to note that these requirements pertain only to the 78.32 acres that are proposed for development at this time. 1 COMPLIANCE TABLE - LOT SIZES tThe following are lots which do not comply with the Zoning Ordinance AREA WIDTH DEPTH REQUIREMENTS (15, 000) (90' ) (125' ) BLOCK 4 Lot 5 16,467 157 111* BLOCK 5 ' Lot 1 16,000 80** 190 Lot 2 12, 000** 100 120 ' * Lot must be adjusted to provide a mean lot depth of 125 feet. I Lake Riley Hills February 25, 1991 Page 12 ** Until Lake Riley Road is realigned with the new Lyman Boulevard and existing Lake Riley Boulevard right-of-way is vacated, Lots 1 and 2, Block 5 do not meet the lot depth and lot area requirements to be buildable lots. Therefore, these lots must be platted as an outlot until the new street improvements are made for Lyman Boulevard along with the new connection to Lyman Boulevard from Lake Riley Boulevard and the existing rights-of-way are vacated. Staff also questions whether there is a buildable site on Lot 1, Block 5 due to the drainage ditch going through the middle of the lot. In the future when the outlots are replatted, staff will look further into whether or not Lot 1 is actually buildable. WETLAND ALTERATION PERMIT , The proposed subdivision contains a large Class A wetland located in the southeast corner of the site. The wetland is of high quality and is approximately 91 acres in size. The Class A wetland is also a protected wetland by the DNR. Any activity below the ordinary high water elevation, which alters the course, current or cross section of protected waters or wetland is under the jurisdiction of the DNR and may require DNR protected water permit. The applicant met on site with the DNR to determine the OHW, which is now set at 864 .7. Upon site inspection, it was determined that there was a fringe of wetland vegetation beyond the ordinary high water mark at approximately 866 elevation. Therefore, the wetland boundary shall be determined as the 866 elevation and will be protected by a drainage and utility and conservation easement and also shown as a "wetland" on the final plat. The applicant is providing a storm water sedimentation basins to ' prevent storm water from being directed directly to the wetland. This will prevent sedimentation and water level bounces that are detrimental to the basin's wildlife values and water quality. As mentioned previously, staff is recommending that the applicant stake the extent of the ponding areas on site to verify that the wetland fringe vegetation is not being altered or disturbed by the proposed ponding areas. Once it is ensured that the ponding areas are not impacting the wetland vegetation, staff is comfortable with the subdivision in that the proposal will not be impacting the wetland and will actually be resulting in some improvement once the gravel driveway dividing the wetland in two is removed. The applicant has adjusted the lot areas adjacent to the wetland since the original submittal to provide for the 75 foot wetland setback. The majority of the lots adjacent to the wetland do provide adequate area for a single family residence and an attached deck or porch. As done with previous subdivisions with wetlands, staff will recommend a condition that the applicant, as part of the development contract, record restrictions against each lot stating 1 Lake Riley Hills February 25, 1991 Page 13 that there is a 75 foot setback from the wetland elevation of 866 contour and that this elevation shall be shown on all lot surveys when a building permit is submitted. If porch or patio doors are ' provided on the house plans, the lot survey will show how a deck can meet the required wetland setback. The proposed ponding areas adjacent to the wetland will be shallow ditches which will most likely take on a wetland quality with wetland vegetation. Therefore, staff is recommending that in addition to the drainage easement that will be covering the ponding areas, a conservation ' easement be located over the ponding areas and wetland to ensure that the areas are not altered. CITY COUNCIL RECOMMENDATION The Planning Commission recommends that the City Council approve Preliminary Plat Request #90-10 for Lake Riley Hills as shown on ' the plans dated January 10, 1991, with a variance to permit a 220 ft. offset between the intersection of South Road and Lyman Boulevard with the following conditions: 1. Review the preliminary plat to provide for the following: a. Lot 5, Block 4 shall have a depth of at least 125 feet. ' b. Lots 1 & 2, Block 5 be platted as an outlot (combined with Outlot D) with roadway easement across the outlot for Lake Riley Boulevard. 2. The applicant shall remove the gravel road bisecting the Class A wetland into 2 wetland areas coordinated with City staff, Department of Natural Resources, Corps of Engineers and Fish and Wildlife Service. ' 3 . The applicant shall provide a tree removal plan with detailed information on the size and type of trees being removed and with a landscaped plan provided for the replacement of over 4 caliper inch being removed. 4 . Approval is conditioned upon compliance with all conditions of the Wetland Alteration Permit. 5. Outlot E in Block 3 shall be combined with Lot 1, Block 3 . 6. Plans shall be drawn and submitted to the staff for approval for a berm and screening along Lyman Boulevard and between Lot 1, Block 1 (combined with Outlot E) and Lot 1, Block 3 and along Highway 212. Lake Riley Hills February 25, 1991 Page 14 7. Final plat approval will not be granted until the findings of ' the feasibility study being prepared by OSM, Inc. are known and the City Council takes appropriate action to provide municipal water and sewer service to the site. 8. The developer shall provide current planned right-of-way grade and elevation information for the future Trunk Highway 212 improvements for the segment of roadway through the subdivision. Noise abatement measures such as earth berming shall be shown on the plan along the southern border of the Highway 212 corridor. 9. The developer shall submit plans and specifications for the street and utility improvements for City Council approval. In addition, supplementary information such as flow calculations for the sanitary sewer and storm sewer segments verifying pipe capacity shall also be submitted. Temporary cul-de-sacs on North Road shall be barricaded and signed designating them to be temporary in lieu of future road extensions. 10. The developer shall provide the following easements: 1 a. Easements over the temporary cul-de-sacs. b. Easements over all sanitary and storm sewer extensions outside of dedicated right-of-way. c. Easements over the detention ponds and the corresponding maintenance accesses. d. Standard drainage and utility easements. e. Dedication of all rights-of-way. The developer's engineer shall review the total capacity of the ponding basin needed to meet the predicted retainage requirements and verify that the proposed poinding area can be accessed for City maintenance. ' 11. Wood fiber blankets will be required for slope stabilization on all rear lots bordering the wetland area and on all areas where slopes are 3 : 1 or greater. Type III erosion control shall be installed around the wetland and all proposed detention ponds on the project. The entire site shall be seeded and mulched immediately following completion of the grading operation. 12 . The developer shall provide a registered engineer's report on soil. footings and structural design and certification verifying that the grading and drainage has been constructed according to the approved plans prior to the issuance of building permits. I Lake Riley Hills February 25, 1991 Page 15 13. The developer shall work with staff on refining the South Road cul-de-sac location and configuration in an effort to improve ' the buildability of the adjacent lots. The developer shall also prepare plans for city approval and construct safety improvements on Lyman Boulevard at the intersection with West Road. The improvements to Lyman Boulevard will involve a right turn lane for west bound traffic and a by-pass lane for east bound traffic. ' 14 . The developer shall receive Watershed District, Pollution Control Agency, Health Department and other applicable agency permits. 15. The applicant shall enter into a Development Contract with the city and provide the necessary financial securities associated with the project. 16. Dedication of Outlot B as park. For this dedication, the applicant will receive 75% park fee credit. The remaining 25% ' or $125. 00 per lot will be paid at the time of building permit applications. 17. The developer shall construct a 5 ft. wide concrete sidewalk along the southern boulevard area on North Road and along the eastern boulevard area of West Road in lieu of trail fees. ' 18 . Applicant will grade Outlot B according to a grading plan provided by the city. ' Additionally, the Planning Commission recommends that the City Council approve Wetland Alternation Permit for Lake Riley Hills Subdivision as shown on the plans dated January 10, 1991 with the following conditions: 1. The applicant shall provide a drainage, utility and construction easement over Outlot C and the proposed ponding areas and the 866 contour shall be the edge of the protected wetland. ' 2 . Any surveys for lots adjacent to the Class A wetland will provide the 866 elevation with verification that the home and any further improvements such as porches or decks will maintain the 75 ft. setback from the 866 contour. ' 3 . A development contract will be recorded against the property and will protect both the Class A wetland and the ponding ' areas adjacent to the wetland with a conservation easement and not allow any alteration to these areas. 1 I Lake Riley Hills February 25, 1991 Page 16 4. This approval is conditioned upon compliance with all ' conditions of Preliminary Plat #90-10. ATTACHMENTS ' 1. Planning Commission minutes dated October 3, 1990. 2 . Memo from Charles Folch dated February 19, 1991. 3 . Memo from Todd Hoffman dated February 19, 1991. 4. Letter from Roger Gustafson dated December 21, 1990. 5. Letter from Evan Green dated October 29, 1990. 6. Staff report dated October 3, 1990. 7. Preliminary plat dated January 10, 1991. 1 1 1 Planning Commission Meeting October 3 , 1990 - Page 12 somebody 's going to lose their life and then it will be too late . Erhart: Thank you . Is there any other discussion? Emmings moved, Wildermuth seconded that the Planning Commission recommend approval of Conditional Use Permit *90-4 for PJ's Restaurant with the following conditions: 1 . A revised landscaping plan shall be submitted providing additional coniferous trees and other vegetation south of the shopping center and a letter of credit covering the cost and installation of trees will be required and held for one year after the planting . It is understood that the object here is to provide a visual buffer to the south. 2 . The proof of parking plan is accepted with the following conditions: a . Calculations shall be provided verifying internal parking lot landscaping meets the parking ordinance requirements . b . A revised landscaping plan shall be submitted providing description of internal parking lot landscaping. c . The 9 stalls on the east side of the building shall be constructed prior to the opening of P3 's Restaurant. d . No additional restaurants will be permitted in the Seven Forty-One ICrossing Shopping Center . e . The additional parking shown on the proof of parking plan will be constructed within 6 months of being required by Planning Staff . 3. All trash shall be stored internally. 4 . Prior to the issuance of a Certificate of Occupancy , there shall be compliance with all conditions previously attached to other approvals on this site . iAll voted in favor and the motion carried unanimously. • ' PUBLIC HEARING: PRELIMINARY PLAT REVIEW TO SUBDIVIDE 78.37 ACRES INTO 76 SINGLE FAMILY LOTS ON PROPERTY ZONED RSF AND LOCATED JUST SOUTH OF TIGUA LANE, LAKE RILEY ' HILLS. JOHN KLINGELHUTZ. Public Present: ' Name Address Raymond Lewis 9701 Lake Riley Blvd. Al Iverson 1500 Park Drive Richard Helstrom 1500 Park Drive Sue Krienke 1500 Park Drive 11 Hugh Jaeger 320 West 76th Street, 8201 John Klingelhutz 350 East Hwy . 42, Chaska I I 1 I 1 I 1 I I I I I 1 I 1 1 1 1 1 1 1 Planning Commission Meeting ' October 3 , 1990 - Page 13 1 Bill Engelhardt 1107 Hazeltine Blvd . , Suite 400 Bill Rudnicki 1107 Hazeltine Blvd. , Suite 400 Don Sitter 9249 Lake -Riley Blvd . Joe Hautman 8551 Tigua Circle Dave Nickolay 8500 Tigua Circle Norm Grant 9201 Lake Riley Blvd. Dale Boyer 9005 Lake Riley Blvd . Dennis Baker 9219 Lake Riley Blvd. Jo Ann Olsen presented the staff report on this item . Vice Chairman Erhart called the public hearing to order . ' Erhart: Is the applicant here? Bill Engelhardt: Mr . Chairman , members of the Planning Commission, I 'm ' Bill Engelhardt . I 'm representing John Klingelhutz tonight on a project he 's proposed. Erhart: Bill , can you hang on just one minute. Steve , what 's your question? Emmings: I guess I 've got a problem looking at a new plan tonight . Unless you tell me that everything else in the staff report stays exactly the same except for 1 or 2 items . Olsen: I think what they 're just showing you is that they 've adjusted the lot lines to meet those requirements . Emmings: When we do a motion here , are we going to do it based on this plan? So we 'll do it on the old plan? Olsen: Correct . Emmings: And then you'll show the City Council that he's figured out a way to do it? ' Olsen: Right . Emmings: Fine. It 's with the same conditions of approval . Bill Engelhardt: I think it should be pointed out right up front, the conditions , the 15 conditions that the planning staff's put together and t the engineering staff , we have absolutely no problem with those. What we 're talking about is not adjusting lots hudreds of feet or anything like that . The problem came up in this particular area. When we laid this out and you calculate it out, it comes out to 89.58 feet. It didn't meet the 90 feet so we had 3 lots that were 89.58 feet wide and we had to adjust the lots down so when we 're talking about lot adjustments, we're talking about tenths of a foot in some cases. We have the same number of lots . They all 1 ' meet the requirements . They all meet the 15,000 square feet . It 's just a matter of getting those adjusted to the 90 feet. The other thing that came up is an issue that came up after the fact after we had submitted all the plans and the staff was going to reviewing them, was the Carver County or Southwest Corridor road study . In that road study they're recommending the right-of-way widths for Lyman Blvd . being 120 feet. 60 feet on each side Planning Commission Meeting r October 3 , 1990 - Page 14 of the right-of-way . We have 33 feet on our property which meant we had tJI dedicate another 27 feet which caused a problem for these lots so we 've taken care of that . We 're going to dedicate the 27 feet along Lyman Blvd. It also called out wider right-of-way on Lake Riley Road. We're dedicatin. the 27 feet on east side of Lake Riley Road and that was after the fact . After everything had been submitted which meant that we use Lot 5 and that 'll will be an outlot and then that will be an unbuildable lot. It doesn't meet the square footage requirements and doesn't meet the width. . . Down on Lyman Blvd. where we had to make the adjustment here , we're still able • to maintain two lots which . . . The lot areas again are way over the 15 ,000 11 In fact in meeting with the staff it was discussed that maybe Lot 1 could be bigger and Lot �2 . . .instead of having an outlot . Whatever the Planning Commission and the staff would like is fine with us. The Park Commission II met and their discussion centered around taking Lots 21 thru 26 . It 's a straight line park . We have now done that which meant that we had to adjust again the lot lines on 20 and 19 in order to conform with the II park . . .so we met the park need requirements and again we still met the minimum lot sizes . We 're over lot sizes on 20 and 19 . One of the requirements was to show easements and typically those easements are shown on the final plat . There 's a graphic I wanted to ,use in talking about , al � of these 'easements will be granted on the final plat . The green ones are for sanitary sewer . The yellow ones , excuse me are for sanitary sewer . Green is for storm sewer . The orange ones you see are for access into the " ponding area so the City has access to them if they have to do any maintenance . And the blue area shows where the ponding areas or the sedimentation areas are going to be and those easements have been platted through the wetlands so that you 'll have conservation all the way up to thil wetlands in those particular properties . We 're not touching the wetlands . We 're not going into the wetlands . We're not going into the fringe vegetation or whatever . We're staying right on the outside . I Wildermuth: On the previous map, what land is dedicated for park? The green? Bill Engelhardt: It 's Lots 21 , 22, 23, 24 , 25 and 26. What they wanted, I what the Park Commission wanted was a straight line across here or a square in there and so what we did is we cut 21 in half and then we divied the ' land up , balanced the land between 19 and 20 so again, that was the adjustment we 're talking about . This is an exhibit of the tree cover on the property . What you see in yellow to the areas that are going to be II removed due to the grading.. We've gone out and catalogued all the trees . There are some areas that are not going to be disturbed. This area in particular is not going to be disturbed. The major area of disruption for in the trees is down around this cul-de-sac area. What we've done to II catalogue those , we have 20 elm trees in this grove, 126 box elder , 42 ash and 42 oak . Then down in this area we have 22 elm, 126 box elder and 40 ash. We will be losing a 29 inch oak tree up in this area but the other II oaks will be preserved, 4 of them. We're going to be losing box elder and • a 4 inch oak in this area, 4 inch cedar and 2 box elders up in the roadway area . This little run of trees in here will be disturbed. . .6 inch apple tree , box elder , ash, 12 inch elm, box elder , box elder and a 16 inch ash. So what we 're proposing to do, we have a total of 126 what we'll call significant trees and not meaning the box elder are no more significant bu of the oak and the ash and the cedar and the apple , 126 trees that are going to. be removed and Mr . Klingelhutz has agreed that he will plant 3 II Planning Commission Meeting • October 3 , 1990 - Page 15 trees on every lot to balance that off . So we're talking about 3 times 73 or 210 . Emmings: And those won't be box elders? Bill Engelhardt: Actually the project needs some trees . This area has no tree cover and it benefits the developer to have the trees planted. He has his own tree spade and that type of stuff and he can do that so. . . Another 11 concern that came up was the TH 212 right-of-way. This is not an easy piece of property to develop . As Jo Ann pointed out , we have TH 212 corridor cutting across the •north half . We have a large wetland area that needs to be preserved and we have to work around and in order to get the grades , there 's a lot of grading on this but actually to minimize the grading on it , the best layout we could come up with is what you see on the street configuration. The concern on the north side was how does the TH 212 corridor tie into the back of these lots . You have to understand that this center line is 400 feet across here so from the center line to the edge is over 200 feet and then you have another oh 100 feet of lot ' depth so you 're probably talking about a good 300 feet to the highway right-of-way . But what happens is in order to show this to you , as you come through from the east and go west , the highway grade is a little above the subdivision . Then there 's a very deep cut right through the middle and in fact this 15 feet , there's 15 feet difference of elevation from the center line of the highway to the lot pads straight through the middle of the property and then you come out of that cut towards the west edge.. SO ' what I 've done is drawn 3 cross sections , AA , BB , and CC understanding that A is on the eastern edge , B is through the middle and C is through the west . Those cross sections look like this . The question comes up on berming and noise abatement for the residential properties . On the Section AA which is on the east property line we have an elevation , proposed elevation of TH 212 of 904 .3 at the right-of-way line this 897 so you can see that the highway is actually going to be higher than the property is in ' that particular area but then as you move west, you get to about the middle of the property , we have an elevation of the highway at 901 .5 and the elevation at the right-of-way is 915.2 so there 's almost 15 feet difference in elevation . The house is going to be sitting here and the highway's going to be way down here. As we go to the west, we come into a situation where you have an 898 at the center line of the highway and 902 which means that this property is a little bit higher but not as much as through the middle of the cut . What we propose to do on that is as it affects Lots 11 , 12, 13, and 14 on the east end and we can very simply berm that. We have plenty of material in this particular project. We'll berm that so we get a sound barrier for those 3 lots. Then we get into that deep cut again and we don 't need the sound barrier . Then when we get into Lots 1 , 2, and 3 on this end we 're putting a berm in and we can utilize the tree planting, the II ' operation that we have for some tree plantings and plant trees on top of that too . I 'd anticipate that that berm in those areas will probably be about 8 feet high but we don't want to gtt it such that it's not going to be a straight up and down berm. It's going to have to be something that gives you .rolling slopes that these property owners will be able to work with and have a nice back yard too. So the screening of the highway I think can be accomplished. That was a concern that Paul and Jo Ann had but until they actually saw what those cross sections were like through this particular piece of property, berming is not as significant as what they had I think first imagined. Again, we have no problems with the 15 1 Planning Commission Meeting II October 3 , 1990 - Page 16 conditions . The conditions that are in your staff report , they're no II P t significant and I hope you understand that we 're not bringing forward a plat that 's completely reconfigured. It 's a matter of adjusting some of II these preliminary lot lines in order to meet the letter of the law in this case so we don't have to come and ask you for a variance and that 's not our intent with this particular plat . We 're not asking for any variances on II it . We agree to all the conditions that the staff has recommended and we 're more than willing to work with them and hopefully we'll have a good development for the City of Chanhassen. II Erhart: Thanks Bill . Would you just remain up here . Maybe if you 'd sit in the front and save some time . Okay , we 'll open this up to public input at this time . If you 'd come on up . Ray? I Ray Lewis: My name is Ray Lewis . I live at 9071 Lake Riley Blvd. and I have some . II Erhart : Excuse me . The location of that is on Lake Riley. Can you point it out there? Ray Lewis: Right here . This shows the area around the development . Firs of all I 'd like to say that in general I 'm in favor of the subdivision . I do have some concerns about some of the effects on the surrounding area that . . . I live approximately one block south of Lyman Blvd . on Lake Riley ' Blvd . . The concerns I have , first of all the first one is traffic . The traffic from the additional 76 or I guess 75 units is going to add significantly to the traffic that 's already carried by Lyman Blvd . and Lek"' Riley Blvd . and what I mean by this . Currently Lake Riley Hills is right here . The Lake View Hills , excuse me . Those of us that live on the south part of Lake Riley Blvd. south of Lyman Blvd . , the deadend down here for II the Sunnyslope people , are forced to go up and use one of two choices for egress in this area . Either we can use Lyman Blvd . and go to the west or we can go around Lake Riley and then go the perimeter . Right here is the 41 approximate location of the entrance to .Lake Riley Hills, this half sectio and Lyman Blvd . in this area up here, is actually an undeveloped road that has , it 's narrow . It has a lot of undulations , patches, bumps. It's not very well developed road and also Lake Riley Blvd. as it goes around the north part of the lake is also undeveloped. So I have a very big concern about the additional traffic flow that this is going to be putting on these undeveloped roads . The second thing is , and it's somewhat related, is the ll intersection of TH 101 and Lyman Blvd. . If any of you are familiar with that intersection or aware of it, it's a very dangerous intersection. It 's a very sharp turn here. There's very often crops that hide the view and II we 're just . . .use that intersection are waiting for a serious accident to happen there . What the subdivision is going to do is place an additional traffic load on that already dangerous intersection. The third thing is the storm water runoff . Now I read through the staff report and I noticed " that a provision is made for holding ponds but the thing that concerns me is that there isn't, as the subdivision is very close to the wetlands area and I want to make sure that the ponds are properly designed so that no water runoff is allowed to go into either the wetlands area or into Lake II Riley itself . And I guess the last thing I 'd like to bring up is recreational load on Lake Riley. Currently there's already some subdivisions that have outlot lake access. Lake Riley is kind of unique ir` the area because it is each year receiving considerably additional 1 Planning Commission Meeting October 3, 1990 - Page 17 recreational load from the . . .and from further development around the area . It 's not a very big lake as far as recreational lakes go . It 's only 290 acres and I 'm very concerned that additional , significant additional recreational load is going to decrease the quality of use for those who access it both from the lakeshore owners and from the landing. So the following recommendations . Lyman Blvd . upgrade plan and schedule should be completed and approved with all assessments being fully disclosed prior to the development of this property . And I think since the main reason for upgrading Lyman Blvd. will be the development . I think the development itself should bear a substantial part of the cost . Whatever cost is being assessed . The second thing , I think there should be a plan that's ' scheduled for the improvement of the TH 101/Lyman Blvd . intersection . I think that 's essential regardless of whether the development goes in. It 's going to become even more critical if the Lake Riley Hills goes in . The third item is that I think the concept of holding ponds is a viable concept but I feel that the details that need to be carefully worked out along with civil engineering calculations and should be submitted prior to approval . That includes calculations on flow, pond capacity and runoff . Then lastly ' I think that it 's important that there should be no special lake access priviledges , that is priviledges beyond those that are afforded to normal non-lakeshore residents of the city on an outlot basis to the subdivision . I know that in talking with Jo Ann I know that that comes on under a separate permit but -I feel that it should be coveted in this approval of the subdivision that there be no special . . . Erhart: Is that it Ray? Ray Lewis: Yeah . Erhart: Okay . Would you leave that first one up on the screen then? The issues and I 'd ask , Paul could you maybe address those quickly? Krauss: Well actually , Ray could you put your suggestions and we can deal with it a little bit better that way . Erhart: Appreciate your bringing that in in that format Ray. Krauss: As to the question of Lyman Blvd. upgrading, clearly there 's a ' problem on Lyman Blvd. . We recognize it. The County recognizes it and it 's being dealt with in the eastern Carver County Transportation Study which as a result we're taking substantial right-of-way from this project . This project is not the problem or the sole problem or the majority of the problem on Lyman Blvd. . The problem on Lyman Blvd. is that traffic is passing east/west through Eden Prairie and Chanhassen and those volumes are expected to grow particular when the Dell Road interchange opens up on TH 111 212 . This project is giving up a substantial value in terms of lots that they will not be able to utilize in giving or in the City's taking of the right-of-way . At some point in the future there may well be an area wide assessment to accommodate improvements to this road. We 're not certain how that project 's going to be done . We 're in the process of developing a capital improvements plan to try to program improvements to Lyman but you have to coordinate with two counties and two cities to do that. We want to expedite that as much as possible and clearly this project is part of the problem but it is certainly not the sole problem. Planning Commission Meeting 11 October 3 , 1990 - Page 18 Erhart: Wait a minute here. Dell Road's going to intersect with Rile Y Lake Blvd . at some point or why is Dell Road an issue? Krauss: Well if you continue east through Eden Prairie ultimately, , I believe you 'll be able to approach Dell Road which will have a new , Dell Road will have an interchange on TH 212. 1 Erhart: Okay , but I mean without going down to Pioneer Trail? Krauss: Right . The plan is scheduled for TH 101 . Again, that 's a fairly ' far removed from this project . It is a significant problem . Ray Lewis: Excuse me . Could I just answer number one? In talking with 11 Ann , I did understand that there was what I would call an indefined schedule plan to do that . My point here is that what we 're going to be doing with the development is we 're going to be adding 76 or 75 units wort of people turning right and left onto Lake Riley Blvd . in a very short period of time without a definite schedule of when the road's going to be upgraded and I feel that the two should be tied together . Erhart: Say Ray , what I 'd like to do here is give Paul the floor and let II him , if you would just take a seat for a second and let him respond to all the issues at once and then if we need to go , if you need to speak some more , we 'll go after that then . Krauss: As far as the TH 101/Lyman Blvd . intersection goes , that entire ' intersection's going to be rebuilt with TH 212. Plans call for that construction to begin in 1993 so that 's a program improving that entire intersection will be coming out . TH 101 will be realigned and it should remove the problems in that area . Details of the storm water collection II system . We do have calculations. Their engineers prepared it. Our engineer will be reviewing it . The storm water system there calls for storm water to be discharged into sedimentation basins which would then overflow into the wetlands which will then overflow into Lake Riley so there 's kind of a 3 level system to protect Lake Riley water quality in there and that 's all in the project as proposed and as reviewed in the planning report . As to lake access, there is no lake access being proposer' from this development . I 'd be concerned that these residents be afforded the same rights to pursue lake access as anybody else would as allowed by the ordinance but they are not proposing any outlots as lake access. Ray Lewis: At this time? Krauss: Right . ' Erhart: What do envision where these would get favored treatment over any . other resident Ray? I Ray Lewis: Well for example in the case of Sunny Slope there was a outlot purchased on the shore and the residents. . .were promised lake access and there 's been a long term running dispute as to what that lake access should be . In other words, they have priviledges that other city residents do not have in terms of lake access through that lot . Erhart: Yeah , we 're real familiar with that. Planning Commission Meeting 11 October 3 , 1990 - Page 19 Emmings: Do they have lakeshore here on this property? Olsen: Right . Emmings: How much do they have? That outlot? ' Olsen: The width on that? Emmings: How much of it is lakeshore? Krauss: That 's something that we need to have clarified . I was talking to the engineer about that tonight . It appears as though the lot located to the east of this site intervenes along the lakeshore but it's a meander line so it 's kind of tough to say . To actually find out what we need for that southeast corner of that lot to be staked . If it 's in from the lake , then it has no frontage . ' Emmings: And it 's not clear from looking at the survey . You should know too , to set your mind at ease somewhat , the beachlot ordinance we have now which wasn 't there I think at the time of that little lot was set aside ' down there on Lake Riley that 's been such a thorn in everybody's side , is much more restrictive . They have to have a minimum of 200 feet of lakeshore . They have to have minimum depths and then they can only have one dock with 3 boats . So we 've got a much more restrictive ordinance now than has ever been there before . Erhart : Okay . Is there any other public comments on the proposed 11 subdivision? Dennis Baker : My name is Dennis Baker and I live at 9219 Lake Riley Blvd . which is a couple hundred yards from the intersection in question at Lyman and Lake Riley Blvd . . I 've lived there for 11 years and through that entire 11 years I have been taking segidisk readings for the PCA measuring ' the water quality of Lake Riley. I've worked with the U.S. Geological Survey , Metropolitan Council , the Association. A number of groups studying the water quality . The water quality of Lake Riley has improved almost very , very little over the course of 11 years in spite of the fact that ii ' years ago the sewer project was completed around the lake and we anticipated a lot more improvement than we got. One reason for that lack of improvement is the U.S. Geological Survey determined that the eutrophication of Lake Riley was 95% caused by runoff. I contend that a holding pond during a heavy rain that will hold the excess water for whatever , even if it's 24-48 hours, is not going to absorb or have enough vegetation to absorb the additional phospherous, etc. from lawn fertilizers that will come off of 75 15,000 foot lots so I would like to propose to the City Council that they ask the Department of Natural Resources to investigate what the environmental impact is of this project because that particular holding pond is one of only 3 on the lake and I think it can pretty easily be proven that there 's precious few wetlands protecting Lake Riley now . I think that a further study needs to be done in order to 1 determine, the engineer of the project had I don't think is sufficient to determine the environmental impact of this 75 unit subdivision. Another comment I 'd like to make is the intersection of TH 101 and Lyman Blvd . is an extraordinary concern. There 's a lot of accidents there already . A lot Planning Commission Meeting October 3 , 1990 - Page 20 of single car accidents . There's been many cars that didn't make that curve and fortunately did not collide with another car . Right now it 's extremely dangerous because of farm crops which happen to be Klingelhutz ' farm crops . Expressing their concern for the safety of the intersection o� that intersection . The City hasn 't done anything about it and I know people have called the City about the danger on that intersection . I mean you have to go, my wife just is scared everytime she comes through that II intersection because you have to actually accelerate to come from TH 101 going south onto Lyman Blvd. and hope that there's not a car speeding coming into that intersection from the south because if there is , you 're II going to get nailed and the only way you get through it safely is to accelerate up that hill and onto Lyman Blvd . I don't think that , we talk about this particular issue and the previous issue, what we 're going to doll ultimately relative to traffic on these projects . I know Chanhassen is eager to develop and I 'm as eager as everybody else in here to see Chanhassen grow but we 've got to be careful that we don 't outgrow our britches to the point where we make the community dangerous for it 's residents . Thank you . Erhart: Thanks Dennis. Paul , would you respond to that first issue there Krauss: Well the water ualit q y one is one that we 've become increasingly aware of over the last year or two. Lake Riley has a series of problems that aren 't stemming exactly from the lake itself but as water is flushed II into the lake . One of the problems that the Metro Council Hydrologist , Dick Osgood has identified is that storm water as it passes through Rice Marsh Lake is picking up sediments on the bottom of that lake that. were deposited when there used to be a sewage treatment plant there and I believe a chicken farm or something like that and everytime it rains , that 's flushed into Lake Riley with some pretty disasterous results . Wate quality is a sensitive issue throughout the city and the City Council has been working with staff and the City Council recently adopted a surface water utility program which is designed to deal with water quality issues in the city . To allow us to do planning to understand what exactly the JI problems are and to actually address solutions with capital improvements o treatment or weed harvesting and street sweeping and everything else . And we are also participating with a number of other governments on water quality issues-. I 've been asked to serve on a technical advisory committejl for the Metro Council that is trying to work with local governments to establish new regulations for runoff. That doesn't specifically deal with this particular subdivision. However , this particular subdivision is usin the best availble technology that we have at this time. The water .is bein flushed into sedimentation basins. That's designed to capture the heavier materials . It does not do a very effective job on capturing nutrients . The water will then pass through the wetland. Wetlands do have an abilityll to filter nutrients to a large extent . Then it will pass out through into the lake . Possibly that is not enough but that is the best technology the"' we have to offer at this time . The reason why we're going through the surface water utility district and participating with the other governments as well is that we want to address this to a better extent . We want to address it comprehensively , not just for Lake Riley but for all the other II water bodies in the city as well . Erhart: currently you 're adding how many holding ponds? ' I Planning Commission Meeting October 3 , 1990 - Page 21 Krauss: There 's two . Erhart: And what percentage of the water currently goes into the current pond off the site would you estimate? Folch: The predicted increase that needed to be retained back was 1 .75 acre feet of storage . I should have the calculations here on the existing . Erhart: I guess what I 'm trying to get a feel for , are we taking the holding pond , is the holding pond is going to keep the amount of direct ' flow into that existing wetland the same as what it is currently? Bill Englehardt: Yes . Yes it will . But the big difference is that before it goes into the wetland and before it goes into Lake Riley, you 're going ' to be polishing it almost like a treatment pond before it . gets to Lake Riley . I just want to point out that we 're sensitive to the issue of the loading on Lake Riley and that 's why we did put the holding ponds in there but your best cleaning agent for the water going into Lake Riley is your ' wetlands . Your wetlands pick up most of the phospherous and most of the nutrients . The only thing they don 't get is nitrates and it 's very seldom that the wetlands themselves , the vegetation will pull the nitrates out so those will pass through but I think what you have to remember in this particular subdivision is we 're converting farmland now that is probably more heavily concentrated with nitrates due to farming than a residential subdivision would . Albeit you 're going to have grass in there and they 're going to be fertilizing their lawns but I think it can be shown by studies that the heaviest loadings that you have is from the farm operation itself . So I think that if you really wanted to get down and look at the loading in this particular thing , you 're probably going to see less nitrate loading which is the most detrimental to Lake Riley than what you 're going to see with the subdivision . Dennis Baker : Can you tell what percentage of that land is currently in crops? Bill Engelhardt: I don't know. John, can you? John Klingelhutz: I think about 60% . Bill Engelhardt: Okay, about 60% of it. So I think we're helping, we 're going to help the situation . I really don't think we're going to hurt it ' and we are channeling our storm water runoff into the ponds prior to entering wetlands . Prior to entering Lake Riley and as Paul said, that 's the best we can do right now. IDennis Baker : Is there any other alternative for drainage? Bill Engelhardt: Not really . On this particular piece of property just the way it is . You have your wetlands with everything coming, the slopes all coming down to it . • Dennis Baker : It 's a basin. Bill Engelhardt: Right . It 's a big basin and we're preserving and maintaining easements all around that so those wetlands aren't going to be 1 a Planning Commission Meeting , October 3 , 1990 - Page 22 touched. They 're going to stay there in their condition the way they are II today . Erhart: Thanks Bill . Any other comments? • I Dave Nickolay: My name is Dave Nickolay . I live at 8500 Tigua Circle . I 'm curious why we were invited to the meeting when it appears that the development is all to the south of the new Hwy. 212 right-of-way . Krauss: All property owners within 500 feet of the property boundary are- " notified . The property boundary goes up to Tigua . It's going to be outlo correct . Nothing's being proposed up there but you 're on the notification list because you 're within that 500 foot circle . ' Dave Nickolay: Okay , and I guess then my concern would be originally on the map that was sent , which was a very rough , it showed the property as I think was just shown here a little bit ago by the first gentleman , what II is the plan for the land which would be north then of the proposed TH 212? Olsen: There are no plans at this time. They are showing it as R-12 zoning but that would require a rezoning and a lot of other public hearing but at this time it's an outlot. They'd have to go through a whole other - process . Erhart: And R-12 is what Jo Ann? Olsen: High density , apartments . Again, that's just what they showed on their plan . It 's not even on the official application. Dave Nickolay: Was it in the original because this was a delayed process II because I think it was up about a month or so ago and almost all the residents from Tigua were here at that meeting and was that a change in the plan? Olsen: Oh , no . It was tabled at that time because of the issues that we had on the single family lots but no , there has not been anything proposed throughout this application. II Dave Nickolay: Is the land owned by the same people who are developing the land to the north? Olsen: It 's all one piece. • Dave Nickolay: Okay . Are there plans to do something with the land to the, north of that? John Klingelhutz: ' At this time, no.- ' Dave Nickolay: That 's all I have . Thanks. Erhart: Okay, thank you . Another person here? ' Don Sitter : My name is Don Sitter . I live at the end of Lake Riley Blvd . and I 'm going to pretty much echo the same concerns we've heard before but I ask a few more questions . Regarding the holding ponds , if those are I Planning Commission Meeting ' October 3 , 1990 - Page 23 capable of handling the runoff now, are there plans or ordinances or any kind of maintenance items that would take care of making sure that they stay in effect or that they are effective both today and 50 or however , 100 years from now so we make sure that the water quality of Lake Riley is maintained? I appreciate that they're at least concerned about the water quality . I want to make sure it stays that way forever and I guess I 'll finish my other comments and maybe you can get some reaction. With regards to the Lyman Blvd . situation . I hear that we 're admitting that it 's already a problem and the traffic is already too much for that road and the State and we 're going to further compound the problem and yet there 's no plans in place to rectify the problem. That really bothers me . I don't know why we can 't stop somewhere along the line and say before we add more problems to an already existing problem, that we can take care of it . I agree with the concerns about TH 101 and Lyman but at least you 've got a 1 date . 1993 there will be some resolution. That 's a plan. That 's some action being taken . I can live with that . Maybe we can do something temporary until 1993 comes along but are there any plans for Lyman Blvd . ' right now? That 's a pretty bad situation . And the other thing , on the lakeshore access . I 'm very much afraid that they're going to end up with some type of a beachlot or an outlot on there and have 75 homes being accessed to the lake and I understand there 's ordinances in place but I ' also remember a little while ago when Lake Riley Woods was being developed and the ordinances were just changed because they didn't meet that development . They required the houses to be so close to the beachlot ' itself and they said, well these houses aren't close enough so let 's just change the ordinance and I 've seen those ordinances changed through the years and I think you spend a lot of time making the ordinances and if you stick by them , I think we could handle the situation . I 'm afraid that ' there 's going to be pressure on this one when that actually comes up and ordinances may be changed and then they 're going to have another 75 homes with access to Lake Riley and the lake just can't handle anymore. We 're already in trouble as it is . Other than that, I understand the City 's growing and we have to have developments and I guess all and all I don't think it 's a bad development . I think there are some real concerns to make 1 sure that the lake is protected but are we really looking at it for the long run . Thank you . Erhart: Thanks Don. I 'll respond again. As Paul indicated, that City Council here just passed an ordinance to create a utility for maintaining holding ponds and wetlands and use for storm water control . 1 Don Sitter : And that includes money for maintaining on an ongoing basis? Erhart: Right . Number two, I think the Lyman Blvd. thing is going to be a big issue and I 'm sure the commissioners will address that here in the questioning . Three , I guess maybe I can speak for the current Planning Commissioners . I don't think we're, I doubt seriously whether we're going to relax any time soon the requirements for beachlots. As Steve pointed out , it's pretty severe and this one wouldn't qualify as it is now . Ellson: They don't have the 200 feet. 1 Erhart: According to what I see here, there is no shoreline . Jo Ann , do you have any additional thing to tell? 1 Planning Commission Meeting October 3 , 1990 - Page 24 Olsen: We got some half sections that show that it does have shoreline an then the survey here doesn 't really actually show where the ordinary high water mark of Lake Riley is so there'd have to be , but even if it does , it doesn 't meet the square footage . It doesn't have the lot depth and it would require a lot of variances which I don't think that we would be granting . ' Don Sitter : . . .variances is a piece of cake in Chanhassen. Erhart: I don 't think that 's true at all . Okay , we can deal again with , the beachlot . Go ahead. Come on up. Norm Grant: I 'm Norm Grant . I live at 9021 Lake Riley Blvd . and I 'm just 41 stone 's throw from the project. Two ideas really. One is Lyman Blvd. as I understand it and like you say , it 's going to be a big problem . Land has been dedicated for the widening of that , if I 'm understanding all of this ' right . but that 's something that 's down the road . A tentative or a preliminary solution, something we could do right now,: I was talking with Pao? earlier , was turn lanes . Something like that that would just make that a little bit safer area . If you 've driven Lyman Blvd. you know that II it 's bad shape . It 's hilly . It 's in rough shape and I think turn lanes could be a solution at least , a temporary one for when ultimately there 's enough development there that almost demands that something be done . Okay And by the way , I think that 'd it be wise that that be part of the development plan or the platting of the proposal or however you describe that . Another idea I guess is the outlot . I sense that there 's something c'ping on there that in the future could be trouble for Lake Riley . ' When I first saw that it appeared that it was a lot and probably a buildable one at that although with variances . Now because of dedication of lands for the widening of Lake Riley Blvd. , it appears that that 's II destined to be some kind of an outlot and I guess I feel that in a couple years when there 's 75 families there demanding that they have lake access , their wishes probably will be met one way or another . If I saw the drawings accurately earlier , the widening was done on both sides of Lake II Riley Blvd . . 27 feet I think into that outlot . What if the whole distance was taken from the other side of the road? Okay, leaving that lot basically intact and then potentially buildable . In my mind's eye , I 'd. rather see a single family home there. Okay? Somebody living there rathe than having 75 potential families utilizing that property. Ideas I guess . Erhart: Okay , thanks Norm. Jo Ann, is there any comments on the TH 101 I intersection turn lane idea? Olsen: That 's something that could be part of this development and we werl just discussing it . That actually is a good idea . Turn lanes on Lyman . Krauss: On Lyman and leaving the site. I Erhart: At the intersection? Olsen: Of the development. ' Erhart: Norm, that 's what you were talking about is turn lanes at the entrance? ' I Planning Commission Meeting October 3 , 1990 - Page 25 Norm Grant : Yeah . Erhart: Okay . Any other public comment? Emmings moved, Ahrens seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Erhart: Okay , let 's talk this one around a little bit . Joan, do you want to start down on your end? Ahrens: Back to the Lyman/TH 101 intersection. It seems to me, I drive that by there all the time and you can 't see around the corn . That 's the biggest problem and John Klingelhutz owns the corner lots on there? Olsen: It might be another Klingelhutz . ' Ahrens: Oh , someone said that earlier . Can't the City somehow require the lot owners to cut down the corn on those intersections to improve sight 1 lanes based on public safety? Krauss: We may be able to declare it a public nuisance . That ordinance is ' not very tight but we could look at that . Ahrens: It wouldn't cost the City much money I wouldn't think to solve t`:e , temporarily solve the problem until 1993 when the intersection_there is completed . Erhart: Excuse me a second. I guess I 'd like to point out, I don 't think 11 there 's , let 's clarify that Jo Ann or Paul . When do you realistically see this TH 101 intersection being put in, or even start construction? Krauss: Well it 's going to be tied to the realignment of TH 101 which is tied to Hwy . 212 . The State has committed funds to start construction of TH 212 in 1993 . They 're not specific on when that gets it out here . It 's probably going to be in 1994 by the time the work comes out this far . We 've been trying , the City 's been trying to expedite that project for years and at least there 's finally funding for it. Erhart: I just didn't want to leave the impression with anybody that 1993 work was going to begin at improving those intersection. Go ahead Joan. Ahrens: Maybe cutting the corn down is a more viable solution. As far as the holding ponds go, I 'm going to have to go along with the City ' recommendation on that. . .that the holding ponds that are proposed . . . In going through the report, there 's a mention of sidewalks here along the 1 north road and west road . I -know the City has had problems before in other developments . Curry Farms for one, stating that there may be sidewalks there but not putting it onto the plat so the residents after the fact say we don 't want sidewalks there . We didn't know about it. ' Olsen: Right . I believe what we do now is that's part of the construction of the street . The sidewalks are installed so whenever anyone purchases a lot , it 's there . I Planning Commission Meeting October 3, 1990 - Page 26 Ahrens: And install . . .and they will be put in for the north road and west road? Olsen: Yes . Ahrens: I had a question about the utilities. There seemed to be a II ouestion about the calculations for the sanitary sewer system to verify site capacity and maybe . . . no idea what 's going on with that. A plan right now because of . . . Folch: Maybe I could just , I 'll briefly address that. That's just a normal requirement that we have as one of the items we want to see for submittal at the time of final approval of construction plan documents . III was not a requirement at this time but we like to make the applicant aware that it is needed for the final stage . Erhart : I think to expand on that . I think there is an issue here with whether the existing sewer has the capacity , whether the existing pump station and force feed has the capacity service area; That's the impression I get . • 1 Ah'-ens: That 's the reason I brought it up is because I think . . . Bill Engelhardt: That was a question that came up . This particular land I is served by a lift station and we checked the pumping records and the maintenance records of that lift station . That lift station runs 2 hours day out of 24 which means that there 's adequate capacity . It 's not runnin anywhere near what it probably could be running to operate at a normal rate . As far as the 4 inch force main goes, for this particular type of development and number of units that go in there , what happens is that you 4 inch force main will see a little bit more velocity in it if anything . And if your pumps are going to generate , if you 're generating more flow , your pumps are going to be pumping a little bit more and they might pump all a little higher head which means you're going to see a little bit more velocity but the flow is still going to get through there. It's a pressure situation . It 's not a gravity flow where it's going to get clogged so it' going to get pushed through there. The bottom line is that the lift station has capacity for this particular development. It's only running 2 hours a day. Ahrens: Do you agree with that? 1 Bill Engelhardt: That came right from the pumping records of the City. , Erhart: Okay , thanks 8i11 . What is the City's position? Folch: Well I guess we'd have to take a closer look at that. That may .beil an issue that would be addressed in the feasibility report that is propose to be conducted for servicing watermain and utilities to this subdivision . Bill Engelhardt: That really doesn't answer the question. The feasibility' study that 's being proposed is to provide water service and Mr . Klingelhutz has agreed to pay for the feasibility study for the water service . When w get into the final design for the utilities in this particular property . you look at the heads and the design capacity of the pumps. If your pumps , I Planning Commission Meeting October 3 , 1990 - Page 27 - 1 if it appears that your pumps are going to have a problem with capacity , it 's a very simple matter of increasing the horse power or dropping a different pump to increase the horsepower and we would have to do that as part of the approval of the final construction plans for the" sewer and water . What I 'm telling you is I don't anticipate that because the lift station right now is only running 2 hours out of the day, out of 24 hours which means that there 's plenty of capacity in those pumps and I really don 't see it as being a problem . But if it does become a problem during the final design, then we change the pumps over to a different pump . The issue then becomes is the force main big enough with a bigger pump . It 's not that it 's big enough. It 's just that it's going to go through there faster is all . ' Ahrens: I understood they . . .be a problem. My question was whether the City thought it was a problem . iolch: Well it 's my understanding from the City Engineer that the initial request for the study was strictly for the watermain service but that Gary had mentioned that they also added on the scope of that report was to include sanitary also specifically related to that lift station . Erhart : That 's the way I read the report. While we 're on the subject , do ' any other commissioners have any comments on this particular or concerns about this sewer issue? I guess if you don't mind Joan , it just seems to me , whether it 's 2 hours or 4 hours , I don 't know what 's standard . It just ' seems to me that the question that I would have, are we trying to tap into a system that just wasn 't designed to essentially a development like this or are we tapping into a system essentially was to bandaid a problem we had out on Lake Riley "with sewers? With septic systems . Krauss: If I could, that 's basically one of the questions the feasibility study is designed to answered . That line down Lake Riley was initially ' installed basically -to serve the lakeshore homes but there is a lot of . capacity left in it . . .determine how much capacity there is . This site is within the MUSA line today. They are going to be petitioning the city 1 for improvements . At that point we do the feasibility study which is on line to be done and the city determines the best way of serving this and other properties . The cost to them develop , the developer then decides if ' the cost benefit is there . You know they can still walk away from a project at that point . The improvements that would be installed, the water improvements certainly are going to serve a number of other properties beyond the Klingelhutz site . Those properties may be subject to some area ' assessments or something else where they'd be brought into the process but they 're certainly a wide spread benefit that could potentially be had . But that 's a normal process. They petition. The feasibility study. The City Council acts on the best way of serving it and the developer decides if they want to do the project. • Erhart: Okay , well I guess I 'd sure like to see that that be looked at in ' a little more comprehensive manner than just this item for this particular development . We 're just trying to tap into something that 's already undersized or wasn 't intended for this, that it be looked at comprehensively because certainly that whole area around that intersection is going to require services . Planning Commission Meeting October 3 , 1990 - Page 28 Ahrens: I don 't have anything else . Y g Erhart: That 's it? I Ahrens: Yep . Erhart : Okay. Jim? , Wildermuth: What is planned for the land west of the current development? Krauss: In terms of the Land Use Plan? ' Wildermuth: Right . ' Krauss: The draft Land Use Plan shows single family development immediately west of the site . It blends into I think medium density or commercial at the TH 101/212 interchange . Wildermuth: I was wondering why the park group chose Lots 24 , 25 , 26 , 22 , 23 and why they wouldn 't come down to roughly where Block 1 lettering is 011 the map so that any future development to the west could benefit? Krauss: One of the things this would also be serving is existing and Potential development to the east . Ultimately that east/west road labeled ' north road would be extended in both directions . There 's another high density site adjacent to the existing apartment complex and the thinking that we 'd have this road extended over through there looping back out to Lake Riley Blvd. so they would have access to the park as well . Olsen: There 's also the Bandimere Park to the southwest . That 's going toll be a larger community park . Wildermuth: That 's the undeveloped? i • Olsen: Yeah , to the south of Lyman so they were looking at locating the park more to the east of this subdivision . Wildermuth: As you look to the east, how much of that wetland extends east? Does the wetland fade out? Krauss: No . It does extend to the east. In fact, one of the benefits of l this development is that wetland is currently bisected by a driveway that was filled. Placed on fill right across the middle of the wetland. As a condition of approval for this project, that driveway is going to be pulled out of there and the wetland can function as a whole unit again and not a bisected water body. Wildermuth: That sounds pretty desireable but if that wetland, a good portion of that wetland lies to the east, it 's going to be a long hike down to the parklands. I mean I don't know, this doesn't seem too logical to II think that that parkland is going to serve much to the east . But that aside , moving on. Where are these proposed turn lanes Jo Ann that you were just referring to a few moments ago that you thought were a good idea? 1 Planning Commission Meeting October 3 , 1990 - Page 29 Krauss: What we 'd probably be looking at is something along those g 9 g lines . Possibly being able to widened it out on this side as well so you can make a turn in this way and out that way . • Wildermuth: Who 'd stand the expense for that? A developer? jKrauss: Yes . Wildermuth: Is Lyman Blvd. a county road or a city? Olsen: At this point it 's not a city road . The County jurisdiction ends at TH 101 and then it becomes City jurisdiction. Wildermuth: Does the City have any plans for upgrading that? 11 Krauss: Not at this point . Wildermuth: Everybody that spoke from the area has a concern there about ' Lyman Blvd . . Krauss: The way that road improvements that benefit an area or a neighborhood typically occur is the City Council 's petitioned to do a feasibilty study on what the road upgrading might accomplish. We 'd be happy to receive a petition . . .City Council to take action on that . Wildermuth: So it behooves the residents in the area now to petition the Council? Krauss: Yeah . One of the other issues we deal with too with Carver County and they with us , is jurisdiction . This road is carrying a substantial amount of traffic that 's generated from not only Chanhassen but around the area that 's just passing through . It's projected that it will carry more 11 in the future and we may wish, and we 've talked with Carver County about this , to have the jurisdictional problems resolved that may ultimately become a county road. Wildermuth: Okay , so that would be one way for the area residents to address this Lyman Blvd. issue? Other than that, I like the proposed berming for TH 212. That looks like a good solution for the highway noise pavement problem and it seems like holding ponds on the perimeter of the wetland are the State of the Art answer for storm water at this point . I don 't think there 's anything, there isn't anything better on the horizon ' is there? Krauss: Well there's more active programs that a city could undertake and that we would intend on to take with the funding provided by the service water utility . Wildermuth: What would that be? rKrauss: Well it 's a range of things that would be considered from something as simple as making sure the streets are swept frequently , particularly before you have the first flush of organic material in the spring to the possibility of weed harvesting. The wetland capture through the weeds capture the nutrients but in the fall the cattails, which absorb 1 Planning Commission Meeting ' October 3 , 1990 - Page 30 so me of it but the cattails die off and introduce the nutrients to some extent back into the system . Weed harvesting is something that 's being done . 1 Wildermuth: These are largely city responsibilities then? Krauss: Well these would become city programs and responsibilities in the l future . That 's what's envisioned. Right now nobody's doing it. Right now nobody has . Wildermuth: There 's nothing here that we could logically expect from the II developer in addition to what he's outlined? Krauss: No . Right . ' Wildermuth: Okay, I support the staff recommendation. Erhart : Okay , thanks Jim . Annette? Ellson: I like the idea of adding the turn lanes . I like the idea of II asking the property owner to cut back the corn . I don't know that we can put that into the thing here but as far as solving these short range problems that people have on these streets . The park is dedicated and I 'vll often wondered this , doesn't mean it 's necessarily going to be built is that right? It 's just set aside at this point? Olsen: Right . And then there 's a separate fund. In addition to giving parkland they also have to give money and they 're trying to work it so tha ss the homes are built , that a park is there. Ellson: That seems to be a concern and a complaint continually from peopl1 in new developments. So that 's what I was just wondering . There's no way because it 's us building it , basically the city, that we can put anything in here that says it has to be paid in a year or something like that? T know it 's a continual problem that the parkland is set aside and then nobody has but that was just for my own info. I would go along with the staff 's recommendations. ' Erhart: Thanks Annette. Steve? Emmings: Let's see . Outlot A in Block 3, Bill mentioned the possibility II of connecting that to one of the other lots. I think that should be done so that somebody 's responsible for the maintenance and maybe the east end of it ought to be joined up to one lot and the west end of it should be • joined up to another but otherwise we've got a piece of ground sitting there that nobody will be responsible for . So I think you've got to get rid of that outlot and join it up to other properties. As far as Lyman • Blvd . goes, I guess I look at that a little bit/ the way, we have the same II exact discussion on another scale with TH 5 all the time. We shouldn 't be building all these houses out here because TH 5 can't handle the traffic but it 's sort of like cranking a car . You wind up getting the road becaus� you 've got all the people living out here screaming about the fact that they don 't have decent roads and to some extent I think you're going to wind up with your improvements on Lyman Blvd. faster as a result of projects like this. I don't think it's good planning but I think that's II Planning Commission Meeting October 3., 1990 - Page 31 kind of the way the world works . As far as the beachlot issue is 1 concerned , I 'm confident that the Planning Commission as is presently constituted , will never weakened the beachlot but you know , it won't be the • same Planning Commission here in a few months . Maybe who knows and that ordinance has been changed and changed and changed. The last changes we did I think were good ones and the fact is , if they meet the requirements of that ordinance they get the beachlot. We can 't stop them from having it if they meet the requirements . We 've got to treat everybody the same , but ' if they don't , they won't get it from us at least as we 're presently constituted . That should give you at least 5 minutes worth of comfort . Lake Riley is a recreational development lake is it not? Olsen: Exactly . Emmings: And it has a public access? ' Olsen: On the Eden Prairie side . Emmings: I always like to tie together approvals and to do that with this one I would tie the preliminary plat approval . I 'd add a condition to that it is conditioned upon compliance with all conditions of the wetland alteration permit and similarly add a condition to the wetland alteration permit . That it 's conditioned upon compliance with all conditions of the preliminary plat approval so those are tied together . Is something going to be recorded against each lot that borders the wetland? Ells'-n: Yes . Emmings: Okay , is that in here already? Olsen : I didn 't make it a specific condition but we do do that now . We record it against each lot . Emmings: That 's a development contract and that doesn't record it against each lot . Something should be recorded against every lot to tell them ' there are prohibitions or we're going to wind up with another , which one was it? Olsen: Yeah , with the wetland permit, the permit itself is recorded ' against each lot and yeah , we could make that a condition. What happened in Curry Farms , it didn't go to all the adjacent lots. We do that now . Emmings: Should it be on here as a condition or will that automatically happen? ' Olsen: We automatically do it but you can make it as a condition. Emmings: And the reason it didn't happen on Curry Farms was , if it's automatic? Olsen: Well we 've learned our lesson. We went with only along the Class A wetland . We didn 't go along all the Class B. 1 Emmings: So should I be comfortable that it's going to happen or should I write it in as a condition? • 1 Planning Commission Meeting October 3 , 1990 - Page 32 Olsen: 'v I e learned my lesson , yes . I think you could be comfortable . Emmings: Otherwise I agree with the conditions in the staff report . ' Erhart: Okay . A couple questions here. Is it clear in the conditions that we are requiring the berming along the future Interstate 212 that Bil described? Olsen: We do in condition number 8 state that noise abatement measures such as earth berming shall be shown on the plan. That they do have to provide something like that. Again, their plans have been. . . Erhart: Okay , do you feel that 's strong enough language? ' Krauss : They will have it resolved before final plat . Erhart : Yeah , I was going to suggest that maybe the way to word it would I be to some height above freeway center line at any point . I think Bill had mentioned 8 feet . You may want to use that kind of wording or somFt.hing to but as long as you 're satisfied there, I won't dig into it ani longr . We 're saying in the future Lyman Blvd . 's going to be a collector , - or is it an arterial? Folch: I believe it 's designated or proposed to be a minor arterial Class" 2 I believe . Yeah , that 's correct . Erhart : Well I think on Audubon Road where Lake Susan Hills West , 3rd 1 Addition or 10th Addition or whatever it is where we have these houses right on Audubon Road without any berming or screening in the back of thos lots , back to the yards , I think we were , somehow we overlooked something there because I 'm just aghasted at driving down there and seeing the backs of these houses essentially which are on a street which is going to be major . Emmings: We put a berm in there. Erhart: It isn 't there now. ' Emmings: I remember , if we 're talking about the same place, there was a berm on that plan. Olsen: By the wetland I believe. Emmings: Between the road and the houses . , Olsen: By the wetland? Emmings: Yeah , well the exit from that division goes out onto there . Erhart: We talked about this before and I just , it 's hard for me to I believe that we approved that the way it 's going in and I would ask that the staff review the permit on that subdivision. Have you seen it? Emmings: I feel like I remember it when it was in here. 1 1 Planning Commission Meeting October 3 , 1990 - Page 33 I Erhart : But anyway . Krauss: You point though is well taken Mr . Chairman because there 's probably an analogous situation with having what may become a 4 lane street at some point . Erhart: You 're taking the words right out of my mouth. If you would look at that , it only affects two lots now the way you 're proposing it . Emmings: Three really. ' Erhart: They 're eliminating, Lot 3 is eliminated . Emmings: Yeah, but then there 's. . . Bill Engelhardt: It 'd be three lots . Erhart: Oh , oh okay yeah. The one Block 1 so three lots and I think we ' should put some kind of a barrier between the road . What would you propose? A berm? Screening? Okay. The names of the streets bothers me . Are we going to leave them that way? Olsen: Those are just there . Bill Engelhardt : I hope not . - ' Erhart : Thank you . Loop cul-de-sac . Have we considered , what 's controlling the elevation of hte wetland currently? What controls the water level? Bill Engelhardt: .The DNR has got a high water mark set on that . We 've got it shown on the plan . ' Erhart: What 's the control structure? Olsen: There 's a culvert . Erhart: Under TH 101? Olsen: Lyman . Or under Lake Riley . Erhart: Has anybody considered raising the water level in that? From a lot sellability standpoint , just increasing the water a foot would make that not only a more aesthetically pleasing wetland but it also would improve it 's nesting habitat without really taking up additional space or ' if we could take into special consideration, to use at it 's existing high water level and increase the level of the water in that wetland to improve it. I think it also would improve it 's ability to filter . Bill Engelhardt: Mr . Chairman , my experience always has been that the ONR does not look favorably upon changing those elevations, either by culvert or overland swale or whatever it is . My guess is that they probably aren't I- going to let you touch that. They set that elevation , in fact that wetland was singled out as being purchased at one time by the DNR and those elevations were set so I don't think there's anything we can do about it . • 1 Planning Commission Meeting October 3, 1990 - Page 34 Olsen: And it is a really, I think it does have a pretty good depth right II now and it 's a high functioning wetland . Erhart: I guess that's not my experience Bill . My experience is that if there is way to improve wetlands , the DNR has been not only willing to talk about it but will actually fund some of it. Olsen: I don 't know that this one needs to be improved . In going out there with the DNR and the Fish and Wildlife Service , it was don't touch you know . It's fine the way it is . I Erhart: So you think that's a waste of time to pursue that? Olsen: Well we could look into it . I don't know that it needs that 1 imorovement . Erhart: Okay . Why is Lot 5, Block 1 or am I reading that wrong? One of I the conditions is that Lot 5 , Block 1 is not buildable? Olsen: It should be Lot 1 , Block 5 . ' E-hart : -Lot 5 , Block 1 shall be designated as an outlot and unbuildable? _ Olsen: Yeah. I 've got it . I Erhart: Okay , Lot 1 , Block 5 . We are requiring that the developer replace trees over , good trees over 4 inches . Is that an ordinance? Is that in I our what , clear cutting ordinance? Is that the ordinance or what is the ordinance that we 're using there? Olsen: I 'm sorry, what? Erhart : We 're requiring the builder to replace all trees with caliper over. 4 inches . All good trees over caliper of 4 inches . I Olsen: The ordinance does allow for the replacement per caliper inch under the landscaping for tree removal . I Erhart: Which ordinance? Olsen: It 's under the landscaping? I believe it's in the Zoning Ordinance" under the landscaping section. Under tree removal . Erhart: In what Section? i Olsen: Do you have the pages? It 's 1253, page 1253 , Section 1179 . Erhart: In the Zoning or Subdivision Ordinance? 1 O_ en: Zoning Ordinance . Page 1253, Section 20-1179. Tree Removal Regulations . I Erhart: And does that include, let me see. I 11 Planning Commission Meeting 9 October 3, 1990 - Page 35 Olsen: It says that the City may require replacement of removed trees on a caliper inch per caliper inch basis . At a minimum however , replacement trees shall conform to the planting requirements set in the . . . That 's where you have to do exterior landscaping and such and shade trees of 6 inches or more caliper shall be saved unless it can be demonstrated that there is no other feasible way . Erhart: Essentially aren't we talking about replaced trees where he 's putting in the streets and everything? Olsen: What we usually do, we never go the caliper per caliper inch. I mean you would get 1 ,000 . He was saying if there was 170 trees being removed but the caliper inches is you know, so what we usually do is work with the DNR forester and go out to the site and determine , you know what is being lost and how it 's best to replace those. We never go caliper per I caliper inch replacement but it does give us flexibility to provide something in the future that will replace what 's been lost . ' Erhart: Okay. Would we consider on this outlot , Block 5 , Lot 1 , would we consider turning that now unbuildable lot over to the City? ,, Olsen: No , we haven 't considered that . I don't know actually what we would use it for . Erhart: For example down on Bluff Creek for example, and that was subdivided south of the golf course there . A lot of the , all the area in the bluff land was turned over to the city for future whatever . Olsen: For nature and trails . Erhart: Nature and whatever . It would seem to me that would give the City control over this lot . Also it would provide maybe some potential future again comprehensive use of what is a long unuseable , I shouldn't say unuseable . Now it 's unuseable shoreline . It could be something . I mean you could put a walking path through there or something . Olsen: It 's real , well . ' Erhart: Well you 'd be surprised what somebody, at some day when that area all gets developed, you know you could just like the Lake of the Isles thing where it 's just a walking area . Not a beach but something useable ' and at this point it becomes an outlot that somebody , John will be paying taxes on it which he probably doesn't want to do if it 's of no economic value to him and this point might be an appropriate time to look at simply turning it over to the City. So any other comments from the Commissioners on the idea? No? Okay . No positive ideas? Emmings: I don't think it 's a bad idea . Erhart: You do? Emmings: I do not think it 's a bad idea. I 'm sitting here looking at that piece of property and thinking he wouldn 't have to buy much to the east and add a little something to it to have what he needs to put in a beachlot . The other thing is , maybe the neighbors who don't want to see that happer r Planning Commission Meeting October 3, 1990 - Page 36 may want to go together and buy it themselves . That's what occurred to me .i Bill Engelhardt: Yeah Mr . Chairman , that 's a valuable piece of property . We don 't want to give it to the City. We 'll hang onto it. , Emmings: As long as we 're talking about it , is there any plans to do anything with that at this time? Bill Engelhardt: Not at all and there is none. There's nothing you can do with it . Emmings: Have you considered making it a beachlot? Bill Engelhardt: No . We haven't .. You can't do anything with it but it 's II still a valuable piece of property. Mr . Klingelhutz wants to own that piece of property . If the City wants to buy it at it 's market rate , I 'm sure he would sell it to you but we aren't going to give it to you . , Emmings: What 's the value Bill? Bill Engelhardt: I don't know. Emmings: No , no . I mean what 's the , how does it have value if he can 't use it for anything? I 'm just curious. 1 Bill Engelhardt: The value is that he wants to own a piece of property on Lake Riley . Don Sitter : Who maintains that? Emmings: The owner . Don Sitter : The owner has . . . Erhart: Okay . I like the sidewalk plan and I agree with, as much as I just stated that I don't think we give variances liberally , I think this one makes good sense I support the agreement with agreeing the variance. My overall comment on this plan is that I think what we're doing here is that I/ we 're developing this piece of property a little bit in advance of where our services are at the time . Not that doesn't mean that every development , that doesn't mean that developers don't have every right to do, that but on the other hand, we have some mechanisms that allows them to contribute their share when they do that. I really think that as this gets moved on to Council , that we ought to take a look at two things here in a more comprehensive manner before this gets approved. One is the sewer , and 11 I really think we ought to look at a plan for that whole area . The area south of essentially south of Lake Ann Interceptor down to where the end of the proposed addition to the MUSA line is to see what that sewer system would look like. And I think this developer ought to be made to contribute to that plan at this time . Secondly, I think the City should proceed with the feasibility study for. Lyman Blvd. . I think the one shocking thing on this whole development is that we 're going to put , not only are we going of II put 75 additional households on a street that simply is not designed to do that . Not adequate to do that , but we 're going to put essentially for up ' to 10 years , perhaps even longer than 10 years, a cul-de-sac . If you 1 Planning Commission Meeting October 3, 1990 - Page 37 measure it from Lyman Blvd. to the east end of North Road, how long is it? 2 ,000-3 ,000 feet? Olsen: Close to it . ' Erhart: 2,000 feet? I 've been here 4 years and anything over 1 ,000 feet is . we've used that as a reason to force developers to come up with alternative access. And I 'm not against this plan. I think it's a good II . plan . I think they 're using the land wisely. I think they 've addressed the runoff issues to the best , say to the same level as other developers are doing . I don't think that we should, I think now is the time to go in and collect monies to improve Lyman Blvd. . I really think it should be ' tied together because it 's not reasonable to put this house on there on Lyman Blvd. in it 's current condition I don't think. ' Wildermuth: But the adjacent property owners petitioned the Council to do that , then that will be addressed? If they don't petition the Council to do that , it won 't be addressed. ' Erhart: The City can proceed with this on their own . It doesn't require a petition . Correct me if I 'm wrong . It doesn 't require a petition of anybody . Olsen: The City can initiate it. ' Erhart: Yeah , we can initiate the feasibility study . Krauss: Yeah, the City can but you know the City likes to know that a ' neighborhood honestly wants a road to be improved before we go to the exoense of figuring out how it 's done. +w ldermuth: You have all the adjacent property owners . rErhart: But the neighborhood is the developer today. ' Krauss: I think it would not be unreasonable to ask the developer to commission the City to undertake that feasibility study in conjunction with the neighbors signing onto that but there are many instances where we hear that, and obviously we agree that there 's a road improvement needed at some point and we do agree with that here but when the plans are actually developed for the road improvement , the neighborhood turns out and says that we don 't want this and you know . It puts the city staff in an uncomfortable position of taking the lead on a project that 's to benefit for a neighborhood . We 'd like to know that at least the neighborhood 's behind us looking into that improvement. ' Erhart: There is no neighborhood . The developer is the neighborhood and he has access to the funds today. ' w_ldermuth: The neighbors that we 've heard from tonight . One of the things that we see, the more expense we tack on to a development like this for the developer , I think the lower quality, the lower caliber development wza get in the end . if you look around town and look at the costs of land and costs of some of these developments , I think we 're diluting the developer 's efforts by tagging him with a lot of additional expense . I Planning Commission Meeting I October 3, 1990 - Page 38 Erhart: Yeah , I understand that but some day someone 's going to pay for II Lyman Blvd . improvement . Either you're going to go in. Wildermuth: That's right. The property owners are going to pay for it . II Adjacent property owners. Erhart: And the thing is that that serves 75 lots here and if you let this' go in without doing that today, then you 're never going to be able to collect from 75 lots . You 're going to go at . Emmings: Why not? ' Erhart: Well you could but I 'm just saying it's easier to. Ellson: That 's how . . .you have 75 more people who want it and hopefully we ' ll be . . . Erhart : Are you? Ellson: Your comment before was the 75 will be more clout to get it . I Ray '_ewes: How many people want it now? Erhart: Well that 's not the issue . I 'm just trying to get some things in II the Minutes here Ray and we 're not going to decide that here . So anyway , those are my comments. Is there any other discussion? Emmings: Yeah . I have one other question . Bill , I think last time , 1 didn 't you engineer Timberwood? Didn't you present Timberwood to us? Bill Engelhardt: Timberwood Estates , yes. ' Emmings: I 'm just wondering if you 're going to come and help us when we have to face all those folks in the hearings on the Comprehensive Plan . Bill Engelhardt: As far as sewer goes? Emmings: No . Ellson: Development around it. Emmings: A whole bunch of other issues. I think that was the last time I saw you was on Timberwood and it kind of scares me when I see you now for some reason . I Bill Engelhardt: At that time there were no plans for anything around there . ' Erhart: Okay, if there aren't any more comments, I 'll entertain a motion. Emmings: I 'm going to move that the Planning Commission recommend approval' of Preliminary Plat #90-10 for Lake Riley Hills as shown on the plans dated September 4 , 1990 with a variance to permit a 240 foot offset between the intersection of South Road and Lyman Boulevard with the conditions as set II forth in the staff report changing to 15 so that we 've got Lot 1 , Block 5 . 11 Planning Commission Meeting October 3 , 1990 - Page 39 Adding 16 which will state that approval is conditioned upon compliance ' with all conditions of the Wetland Alteration Permit . Adding a 17th condition that says that the applicant should look into the feasibility of turn lanes and turn lanes should be added if the City staff feels that it 's appropriate and necessary for safety to get people in and out of that new ' subdivision . Adding an 18th condition that would say that Outlot A in Block 3 shall be under ownership of adjoining properties in some manner . However the developer wants to divide it up. Adding a 19th condition that ' plans shall be drawn and submitted to the staff for approval to get a berm and screening along Lyman Boulevard and between Block 1 , Lot 1 and Lots 1 and 2 in Block 3. Erhart: Is there a second? Wildermuth: Second. ' Erhart : Any discussion? Emmings moved, Wildermuth seconded that the Planning Commission recommend approval of Preliminary Plat #90-10 for Lake Riley Hills as shown on the plans dated September 4, 1990 with a variance to permit a 240 foot offset between the intersection of South Road and Lyman Boulevard with the ' following conditions: 1 . Revise the preliminary plat to provide for the following: a . Lot 5 , Block 4 shall have a depth of at least 125 feet . b . Lot 10 , Block 1 shall have four sides . c . Lots 11 and 12 , Block 1 shall have lot frontages of 90 feet . ' d . Lot 5 , Block 4 shall have a lot depth of 125 feet . 2 . The right-of-way dimensions for North Road and West Road shall be 60 feet in width and the right-of-way dimensions for the cul-de-sac shall be a 60 foot radius . The applicant shall grant a 60 foot wide right-of-way for Lyman Boulevard along the southern border of the plat and a 120 foot wide right-of-way along Lake Riley Boulevard . The temporary cul-de-sacs on North Road shall be barricaded and signed designating them to be temporary in lieu of future road extensions and will be provided with easements over the cul-de-sacs beyond the dedicated right-of-way. 3 . The applicant shall remove the gravel road bisecting the Class A 1 wetland into 2 wetland areas coordinated with City staff , Department of Natural Resources , Corps of Engineers and Fish and Wildlife Service. 4 . Final plat approval will not be granted until the applicant has ' submitted the letter of credit for the feasibility study to be perforthed and not until the findings of the feasibility study are known and the City Council takes appropriate action to provide municipal water service to the site . Planning Commission Meeting " October 3, 1990 - Page 40 S . The applicant shall submit flow calculations for the sanitary sewer system to verify pipe capacity and minimum score velocities through all the sewer segments within the proposed subdivision. _ S . The applicant shall provide the following easements: a . Easement over the temporary cul-de-sacs. " b . Easements over all sanitary and storm sewer extensions . c . Easements over detention ponds. d . Standard drainage and utility easements . e . Dedication of all right-of-ways. The applicant 's engineer shall review the total capacity of the ponding" basins needed to meet the predicted retaining requirements and verification that the proposed ponding areas can be accessed for city maintenance. Provide existing drainage facility information to and from the site ( specifically , the culvert under Lyman Boulevard ) . The II storm drainage plan shall be modified to incorporate runoff from the westerly temporary cul-de-sac on North Road. 7 . !_c.ts 30-35 , Block 3 and Lot 4-8 , Block 3 shall be provided with special" slope stabilization methods such as wood fiber blankets and Type III erosion control . Type III erosion control shall be provided over the entire area bordering the wetland and along the north side of North" Road . Wood fiber blankets shall be required as slope stabilization for all of the rear lots bordering the wetland area and on all the areas where the slopes are 3: 1 or greater . Silt fence erosion control shall II be installed around any and all proposed detention ponds on the project and the entire site shall be seeded and mulched immediately following completion of the grading operation . 8 . The applicant shall provide current planned right-of-way grade and elevation information for the future Trunk Highway 212 Improvements for the segment of roadway through this subdivision. Noise abatement " measures such as earth berming shall be shown on the plan along the southern border of the Hwy. 212 corridor . 9 . The applicant shall provide a tree removal plan with detailed I information on the size and type of trees being removed and with a landscaped plan provided for the replacement of over 4 caliper inch being removed . [0. The applicant shall receive Watershed District, Pollution Control Agency and Health Department and any other applicable agencies or permits. 11 The applicant 's engineer shall make the necessary changes as outlined on the plan sheets reviewed by the Asst . City Engineer dated September 24 , 1990 and submitted back to the applicant for the proper changes . 12 . The applicant shall provide a registered engineer 's report on soils , footings and structural design and certification of a registered engineer verifying that the grading and drainage has been constructed according to the approved plans prior to the issuance of building permits . Planning Commission Meeting October 3 , 1990 - Page 41 ' 13 . The applicant shall dedicate Lots 21-26 , Block 3 for parkland dedication and shall construct a 5 foot wide concrete sidewalk along the southern boulevard area of North Road and along the eastern boulevard area of West Road. .:4 . The applicant shall enter into a development contract with the city and provide the necessary financial securities associated with the project . 15 . Lot 1 , Block 5 shall be designated as an outlot and unbuildable . 16 . Approval is conditioned upon compliance with all conditions of the Wetland Alteration Permit . .'.7 . The applicant should look into the feasibility of turn lanes and turn lanes should be added if the City staff feels it 's appropriate and necessary for safety to get people in and out of that new subdivision. 18 . Outlot A in Block 3 shall be under ownership of adjoining properties . 19. Plans shall be drawn and submitted to the staff for approval to get a berm and screening along Lyman Boulevard and between Block 1 , Lot 1 and ' Lots 1 and 2 in Block 3. All voted in favor except Tim Erhart who opposed and the motion carried ' with a vote of 4 to 1 . Erhart: I oppose it on the basis that I don't believe that even though I . like the plan , I don 't believe that we 've done adequate assurances that services , both the transportation and sewer are adequate to see this as a ocsitive development . E• mings: I 'd like to ask a question to follow up on what he just said . We 're doing a preliminary plat here . Before this is a done deal you 've got a feasibility study to do and you 've got to do , there has to be final plat ' aPProval also by the City Council and now if deficiencies were found in the feasibility study. ' Krauss: They would be addressed prior to final plat approval . Emmings: See there 's another plat of this . Just want to be sure . ' Erhart: Okay , now we have to deal with the wetland alteration permit. Is there any discussion on that from the Planning Commission members? If not . would someone make a motion to deal with the wetland alteration? ' Wildermuth: I 'll move that the Planning Commission recommend approval of the Wetland Alteration Permit for Lake Riley Hills Subdivision as shown on plans dated September 4 , 1990 with the following conditions 1 thru 3 and Iadding condition 4 . Steve, what were those words? Emmings: It would just be conditioned upon compliance with all conditions ' of the preliminary plat approval . Wildermuth: Those words. 1 Planning Commission Meeting I October 3, 1990 - Page 42 Erhart: Okay , is there a second? Ellson: Second. , Wildermuth moved, Ellson seconded that the Planning Commission recommend approval of Wetland Alteration Permit for Lake Riley Hills Subdivision as shown on plans dated Se with the following conditions: I 1 . The applicant shall provide a drainage , utility and a conservation easement over Outlot C and the proposed ponding areas and the 866 contour shall be the edge of the protected wetland . 2 . Any surveys for lots adjacent to the Class A wetland will provide the 866 elevation with verification that the home and any further improvements such as porches or decks will maintain the 75 foot setback from the 866 contour . 3 . A development contract will be recorded against the property and will protect both the Class A wetland and the ponding areas adjacent to the wetland with a conservation easement and not allow any alteration to II these areas . 4 . This approval is conditioned upon compliance with all conditions of Preliminary Plat #90-10 . All voted in favor and the motion carried unanimously. PUBLIC HEARING: SITE PLAN AMENDMENT FOR A 4.260 SQUARE FOOT ADDITION TO THE EXISTING II BUILDING ON PROPERTY ZONED IOP AND LOCATED AT 7870 PARK DRIVE. INDUSTRIAL INFORMATION CONTROLS. Sharmin Al-Jaff presented the staff report on this item. Vice Chairman ' Erhart called the public hearing to order . Erhart: Is the developer here, the building owner? Okay, do you have all the conditions? Have you seen all the conditions? Tom Ryan: Can I speak to a couple of them? Erhart: Alright . Go ahead . Tom Ryan: My name is Tom Ryan and I represent R.J. Ryan Construction, the II general contractor for the building. There's two issues that we 'd like to , a couple issues we 'd like to address. The first regards the drainage problem which exists with the neighbor to the north. We feel it 's important that we go on record as stating that Industrial Information Controls and R .J . Ryan Construction did not cause the drainage problem which exists. The drainage problem which exists is a result of the failure " of the previous engineering staff of the City of Chanhassen as well as the contractor for the Component Engineering building which allowed the water to run up against our property. In the interest of solving the problem we agreed with Component Engineering and the City staff that's presently in 11 place that because we have a lot of excess material , we would provide the 1 CITYOF 1 011ANIIASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORANDUM T0: Jo Ann Olson, Senior Planner FROM: Charles Folch, Asst. City Engineer DATE: February 19, 1991 SUBJ: Preliminary Plat Review for Lake Riley Hills Subdivision ' Land Use Review File No. 90-27 I would like to offer the following recarmended conditions for plat approval: I1. Final plat approval will not be granted until the findings of the feasibility study being prepared by OSM Inc., are known and the City Council takes appropriate action to provide municipal water and sewer service to the site. 2. The developer shall provide current planned right-of-way grade and ' elevation information for the future Trunk Highway 212 improvements for the segment of roadway through the subdivision. Noise abatement measures such as earth berming shall be shown on the plan along the southern border of the Highway 212 corridor. 1 3. The developer shall submit plans and specifications for the street and utility improvements for City Council approval. In addition ' supplementary information such as flow calculations for the sanitary sewer and storm sewer sesements verifying pipe capacity shall also be submitted. Temporary cul-de-sacs on North Road shall be barricaded and signed designating them to be temporary in lieu of future road extensions. 4. The developer shall provide the following easements: a) Easements over the temporary cul-de-sacs. b) Easements over all sanitary and storm sewer extensions. outside of dedicated right-of-way. c) Easements over the detention ponds and the corresponding maintenance accesses. d) Standard drainage and utility easements. e) Dedication of all right-of-ways. . The developers engineer shall review the total capacity of the ponding basin needed to meet the predicted retainage requirements ' and verify that the proposed ponding area can be accessed for City maintenance. Jo Ann Olson, Senior Planner February 19, 1991 Page 2 , 5. Wood fiber blankets will be required for slope stabilization on all rear lots bordering the wetland area and on all areas where slopes are 3 to 1 or greater. Type III erosion control shall be installed around the wetland and all proposed detention ponds on the project. The entire site shall be seeded and mulched immediately following completion of the grading operation. 6. The developer shall provide a registered engineer's report on soil, footings and structural design and certification verifying that the grading and drainage has been constructed according to the approved plans prior to the issuance of building permits. 7. The developer shall work with staff on refining the south road cul-de-sac location and configuration in an effort to improve the buildability of the adjacent lots. The developer shall also prepare plans for City approval and construct safety improvements on Lyman Boulevard at the intersection with West Road. The improvements to Lyman Boulevard will involve a right turn lane for • west bound traffic and a by-pass lane for east bound traffic. The developer shall construct a 5' wide concrete sidewalk along the southern boulevard area on North Road and along eastern boulevard area of West Road. 8. The developer shall receive Watershed District, Pollution Control Agency, Health Department and any other applicable agency permits. I 9. The applicant shall enter into a Development Contract with the City and provide the necessary financial securities associated with the project. lap c: Don Ashworth, City Manager Paul Krauss, City Planner Dave Hempel, Sr. Engineering Technician John Klinglehutz Bill Engelhardt, Engelhardt & Associates Attachment: 1. Memo dated September 25, 1990 ' I 1 I - CITYOF _...._ „.....,..„ II . ,. . 4. ,_,--, ,„,„ . '-._ •-a+,- I690 COULTER DRIVE • P.O. BOX 147• CHANHASSEN,MINNESOTA 55317 ' s, - - (612) 937-1900 • FAX(612) 937-5739 1 MEMORANDUM ITO: Jo Ann Olsen, Senior Planner FROM: Charles Folch, Assistant City Engineer 4 DATE: September 25 , 1990 II SUBJ: Preliminary Plat and Site Plan Review for Lake Riley Hills Subdivision File No. 90-27 Land Use Review IThis site encompasses a total of 78.24 acres of land north of Lyman Boulevard in the west half of the northeast quarter of 1 Section 24 . This parcel of land is characterized by a rolling terrain , randomly spersed stands of trees and a large wetland _ area located in the southeast corner. ' The present use of this land is agricultural with field grasses and some row crops. IThe current zoning for this parcel is nixed low-density _ residential and single-family. The proposed zoning would be a I composite of single-family residential for the southern two-thirds of the property and high-density residential for the northern one-third. A large strip of land located through the I northern half of the site has been designated as a corridor for the future Trunk Highway 212 improvement project. The preliminary plat submitted proposes to plat the southern two-thirds of the site as residential single-family lots with II the northern portion, in and around the Trunk Highway 212 corridor, being platted as an antipt x - f:r I Grading ` The plan submitted proposes- to''gradlr e-"koiithern two-thirds of II the site. The grading scheme is proposed to be similar to that existing which drains primarilyoutheast into the wetland area. The steepest resulting slopes will be found on the rear yard areas of the lots surrounding the wetland area. Special slope stabilization methods such as wood-fiber blankets and Type III erosion control will be required in these areas. 1 . I . II • Jo Ann Olsen I September 25, 1990 • Page 2 In reviewing the grading plan, one major area of concern has arisen. This concern relates to the interfacing of this . development with the proposed future Trunk Highway 212 highway improvement. The applicant was requested to obtain and provide information from MnDOT detailing the current right-of-way and plan elevations for this corresponding segment of future roadway. This information has not been submitted to date; however, some slope grading is shown on the plan. Staff stresses the need for the applicant to submit the requested information on the future Trunk Highway 212 project to verify the compatibility of these two projects related to right-of-way, grades and elevations.- Staff recommends that the applicant also provide some sort of noise abatement measures such as earth berming immediately south of the proposed Trunk Highway 212 alignment. • The property lying north of the Trunk Highway 212 corridor, as 1 mentioned previously, will be platted as an outlot and proposed for future high-density residential zoning. No grading is proposed in this area at this time. A complete site plan review of this area will be made when a future proposal is submitted. Drainage _ As mentioned previously, the majority of the existin g site and the proposed site drains southeast into the wetland area. A preliminary storm sewer plan has been submitted for this subdivision. A review has been made and the corresponding detail comments and corrections have been outlined on a plan set to be returned to the applicant's engineer for revisions. Storm sewer calculations and runoff rate requirements have also been submitted for review. The applicant will also need to submit these grading plans and drainage information to the Watershed District for review and approval. Detention ponds are proposed to be constructed in an effort to maintain the predeveloped runoff rate for the site. From preliminary review, staff is requesting the applicant's engineer to review the total capacity of these ponding basins needed to meet the predicted retainage requirements. Another very important area of concern related to the detention ponds involves acquiring access to these ponds and their corresponding outlet structures for maintenance purposes. Staff recommends that the applicant provide a plan showing designated access points to these ponding basin areas. • Staff also requests that the applicant provide information on existing drainage facilities such as culverts to and from the site. Specifically, the culvert under Lyman Boulevard which will intersect with the South Road cul-de-sac and the outlet culvert for the wetland area under Lake Riley Road. • • 1 • Jo Ann Olsen September 25, 1990 Page 4 • ' Staff would also like to note that the intersection of South Road and West Road will have to be shifted approximately 60 feet to the north. The centerline for South Road is located l approximately 240 feet north of Lyman Boulevard. City Ordinance requires that the minimum centerline offset distance between intersections be 300 feet. Initially, the only access to the site will be via Lyman Boulevard. When future development occurs around this site, it is anticipated that North Road will be extended both to the east ' and to the west and provide additional access points to this subdivision. As mentioned previously, temporary cul-de-sacs will be installed at the current limits to North Road. Staff also recommends that barricades be installed at the ends of these cul-de-sacs and that they be signed designating them to be temporary pending future road extensions. The portion of the property north of the Trunk Highway 212 corridor to be platted at this time as an outlot will have future access from Tigua Lane. There currently exists a private driveway along the easterly boundary of this subdivision which services a farmhouse located in the northeast corner of the site. This driveway was constructed via a dike which bisects the wetland area. It is anticipated that the proposed Trunk Highway 212 improvement will require the removal of this farmhouse. In an effort to reunite the two wetland areas on either side of this private driveway, staff is recommending that the applicant pursue the possibility of removing this driveway and dike barrier by contacting and coordinating with the Department of Natural Resources. A temporary access to this farmhouse could be acquired along the property line between Lot 14 and Lot 13 of Block 2 until such ' time that the Trunk Highway 212 improvement project removes these structures. Utilities A review has been made of the sanitary sewer and watermain plans submitted in conjunction with the proposed subdivision. At the present time, a feasibility study has been authorized by the City Council, at the request of the applicant, . to determine the feasibility of servicing this area with watermain and sanitary I sewer. A condition of this authorization was for the applicant • to submit to the City a $10,000 letter of credit or cash escrow to guarantee payment of expenses associated with this study (see attachment) . This security has not been received to date and as a result the study has not been initiated. Until the results of this study are known, it will be inappropriate to make any final approval of the subdivision proposal. r - • i Jo Ann Olsen September 25 , 1990 Page 6 As mentioned previously, a-temporary driveway easement will need to be acquired between Lots 13 and 14 of Block 2 in order to provide a temporary access for the existing farmhouse. Recommended Conditions r tom• Further processing of this application cannot be made until the findings of the feasibility study are known and the City Council takes appropriate action to provide municipal water service to the site. v2. The applicant shall provide current plan right-of-way, grade and elevation information for the future Trunk Highway 212 improvement for the segment of roadway through this subdivision. ./Noise abatement measures such as earth berming shall be shown on the plan along the southern _border of the corridor. 3. The applicant shall provide existing drainage facility � information to and from the site (specifically the culvert under Lyman Boulevard) . II • ..40,,eir. The applicant's engineer shall verify the capacity of the proposed detention ponds and shall provide adequate access to ,�� these ponds for maintenance purposes. N S. The storm drainage plan shall be modified to incorporate the runoff from the westerly temporary cul-de-sac on North Road. fie. The applicant shall submit these plans to the Watershed District, PCA and Health Department for review and approval. /7 . The applicant's engineer shall make the v' ' necessary ry cha rages as outlined on the remitted •plan sheets reviewed dated September 24 , 1990. ' 4'8. The applicant shall provide a registered engineer's report on �%� soils , footings and structural design and certification of a registered engineer verifying that the grading and drainage has been constructed according to the approved plans prior to the issuance of building permits. Wood fiber blankets and Type III erosion control will be required for slope stabilization of all the rear lots bordering the wetland area and on all other areas where ' slopes are 3:1 or greater. • 40. The right-of-way dimension for North Road and West Road shall be 60 feet in width and the right-of-way dimension for the cul-de-sacs shall be a 60-foot radius. r CITYOF 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 ' (612) 937-1900 • FAX (612) 937-5739 1 MEMORANDUM • TO: JoAnn Olsen, Senior Planner FROM: Todd Hoffman, Park and Recreation Coordinator ' DATE: February 19 , 1991 SUBJ: Park and Trail Dedication and Fees - Lake Riley Hills, Planning Case 90-10 SUB This proposed subdivision was reviewed by the Park and Recreation Commission on August 21 and September 25, 1990. A recommendation was made to the City Council on September 25 in relation to park and trail dedication and fees. Action taken that evening remains valid; however, changes to the preliminary plat require an adjustment in the park fees. The preliminary plat dated January, 1991 designates Outlot B as parkland which closely corresponds with the Commisssion's request. However, the reduction in size of the area requested 1 for park requires an increase in recommended park fees for this subdivision. Outlot B represents 75% of the total parkland required of this subdivision. Therefore, the remaining 25%, or $125. 00 per lot, will be charged at the time of building permit applications. The remainder of the September 25, 1990 recommendation remains essentially unchanged. As part of the park dedication, the applicant will prepare the site according to a grading plan provided by the City. The applicant will construct a 5 foot wide concrete sidewalk along North Road and West Road in lieu of trail dedica- tion fees. it is important to note that these requirements pertain only to the 78.32 acres proposed for development at this time. As previously discussed, the changes in park and trail requirements outlined in this memo are subject to the approval of the Park and Recreation Commission. The Commission will review this amendment at their February 26 , 1991 meeting. 1 K( 01i CARVER COUNTY COURTHOUSE PUBLIC WORKS DEPARTMENT " " ' A ^ " 600 EAST 4TH STREET (612)448-1213 t `fi` / CHASKA,MINNESOTA 55318 vt- COUNTY OF CAIWEQ December 21, 1990 1 Owen M. Carlson • William R. Engelhardt Associates, Inc. 1107 Hazeltine Boulevard Chaska, Minnesota 55318 Re: Lake Riley Hills Preliminary Plat Chanhassen, Minnesota Dear Mr. Owens: Your transmittal dated December 12, 1990, of the preliminary plat I for Lake Riley Hills has been received. Initial comments are: 1. Carver County has no jurisdictional responsibility for the 1 roads abutting this preliminary plat. However, the recently completed Eastern Carver County Comprehensive Transportation Planning Study does assign the functional classification of "minor arterial" to the segment of Lyman Boulevard located along the south limits of the proposed plat. If this functional assignment is accepted by both Carver County and the City of Chanhassen at some future date, it is conceivable that the road could become a county highway. I believe this is why the city asked you to send me a copy of this preliminary plat. 2. The 120 foot wide corridor being proposed for Lyman Boulevard has my support. The alignment of this corridor appears reasonable. The proposed curve will meet Mn/DOT rural design specifications for 45 mph if the road is constructed with a 6% superelevation. This same curve will exceed the urban design specifications for 40 mph even if constructed with normal crown. The proposed alignment appears to provide adequate flexibility for future design considerations. 3. If the South Road cul-de-sac is to be constructed as proposed, serious consideration should be given to creating a buffer between the cul-de-sac and Lyman Boulevard. Every attempt should be made to minimize potential day and night confusion between motorists driving on these two roadways. Head lights at night are a particular concern. 4. If a new Lyman Boulevard is not to be constructed in II Affirmative Action/Equal Opportunity Employer 1 12-21-90 Letter Owen M. Carlson conjunction with the platting of this property, it appears that Block 5 may have to be platted as an outlot with the existing roadway corridor retained across both this outlot ' and Outlot D. I would presume the city would want to retain the present roadway corridor until the construction of a new roadway was completed. Thank you for the opportunity to provide a few initial comments • about this preliminary plat. If you have any questions about the contents of this letter, please contact me at your convenience. Sin ly, ástafon, p.E. County Enginee cc: Gary Warren, Chanhassen City Engineer • 1 1 1 • 1 1 1 1 1 1 1 r w•- fr MUM crime I renspor< n ° Metropolitan District 5 = Transportation Building St. Paul, Minnesota 55155 OF TFte Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55 , y 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 Reply to Golden Valley Office Telephone No. 59 3 - 8 53 7 1 October 29, 1990 Mr. Paul Krauss, A.I.C.P. Director of Planning CITY OF CHANHASSEN P. 0. Box 147 Chanhassen MN 55317 RE: S. P. 1017-07 T.H. 212 ' Development by John Klingelhutz Proposed Lake Riley Hills Noise Analysis Dear Paul: The above referenced plat was reviewed by Mn/DOT and comments were I sent to the City on August 31, 1990. Our main concern with the plat was how noise from future T.H. 212 might impact the proposed development. In September, I had HNTB study the plat in regard to noise impacts from future T.H. 212. I have attached a copy of the results of that study for your information. It should be noted it is not practicable to construct noise walls in excess of 25 ft in height. Also, as stated in the plat review, it is Mn/DOT's policy that we will NOT provide noise abatement for new development adjacent to the T.H. 212 corridor that has been officially mapped. Every effort should be made in the design of the proposed development to make it compatible with the future highway. If you have any questions in regard to this matter - please feel free to call me. I Sincerely, I Evan R. Green I Project Manager cc: J.Povich C.Robinson R.Dalton M.Spielmann _ RECEIVED Pi? ���- NOV 01 1990 �%`rMINNESOTA 1 .0/ 1990 CITY OF CHANHASSEti An Equal Opportunity Employer 1 HOWARD NEEDLES TAMMEN & BERGENDOFF (—Iir1 h-a,Z i• • HNTBARCHITECTS ENGINEERS PLANNERS 4rc7+ueSouth • .Suite 260 I tlinne�Z/ iS, September 7, 1990 tlinnesotu is„� (612) 920-1666 Mr. Evan Green Mn/DOT - Golden Valley Office 2055 North Lilac Drive Golden Valley, Minnesota 55422 RE: Noise Analysis at Proposed Lake Riley Hills Development by John Klingelhutz ' Dear Mr. Green: - ' We have analyzed the affect of highway noise in the vicinity of a proposed development which would border on the south right-of-way line for T.H. 212 from Station 1180+00 to Station 1193+00. We note the developer shows a break in the alignment at Station 1188 while our layouts show a continuous tangent. The development also appears to encroach on the official map boundaries. This section of the highway will be in a cut about 10 feet below the proposed back yards of the first row of homes south of the right-of-way. Five 1 receptor sites were picked along the back side of the homes about 250 feet from the centerline of the T.H. 212 eastbound lanes. With no noise abatement, noise levels at these homes will be about 68-70 DBA during the day and 65 to 68 DBA during the 0600-0700 ' night time hour. The remaining seven receptors were within MPCA daytime standards. All receptors even as much as 800 feet away from the centerline had night time noise levels exceeding the standards. ' Other than a moving the development further south, two alternatives for noise abatement were investigated. One alternate provides all the abatement features along the north boundary with no extension east or west. This has the problem of exposing the homes bordering the east or west boundary to more noise, thus requiring substantially higher walls along the ends. Alternate two would extend abatement features beyond the boundaries east- west for about 500 feet on each end. This would be done along the Mn/DOT right-of-way line. For daytime noise levels the alternate 1 boundary wall would need to be 14 to 18 feet high along most of its length and 26 to 34 feet high along the west 400 feet. For night time noise 1 levels, a 35 foot wall was used the entire boundary length. This still left homes along the eastern and western border exposed to noise levels of 56-63 DBA, above the 55 DBA night standard. (401 r ect //rig c -Iry Gt. o A 14 2 S t 10,0 • ' P__s - e ts. a es 9- _oe_- -e .1 S'D•pa P.-C^ n Cct:e^Pc G.a'•!.s Y._a PE Pla0. t S CC-+.PC.^aTa.o A C_o•es Pc.w.y-Lc.e GA.A Pc _• rePE.••.. n e Sc^ PE.C C Oc_e^a^a A. S en ... PE.e•. •^e^•e. Pe,Stnn.- S 0ceea^c CE. A••o...t.a P -^_ E nE^Ca T LCCO•^=PA Pogrts w S.'t^enn CE. 5e-t:esa PE Ga'en E PC0,.on PE.C.: P =C_nt.P£.Sta^cv Magt PE ___ ..• A a=_.'..a:ec E. a C _._a-+as C P_sae PE.P . - A.A.e .-La^'-P- :naa w Aa^a^s A.A.- ..ero•-.B.:e^P£.Oa. e V Ca•^a^e CE. I M-=_e =c v-'aa ` Pe--a c- Po•.ce CE.S:eane^C 0..nn PC.Se�eA~.egeca CE. a 'V•e^GA,A Oc--rag Cc.^re PE.Ca^.,;Me....PE Oa^.e G 3ei`ar PE A.0-a'C ^ eC P Ke.:n CE.Oc..B:as£ P^eg:C::PE.Penao• .+a-:e c t w L..sca'.0 P -^a^aa L w.•g-s A;A .':e.na c ••CE K_c.a G'E.Pcc-e.P e c PE.Ste e V Frss AlA,Pcce-:A _ PE.O•e Sac.aPE.Be t0 %I^A w^a•er Pe PCCer S A_s:^PE.jo^.n;e-c:-era PE. o••ie••A..a^c^a .A Ate-to CA.A.,a:.^TX.Soto^Po....._L Scsto^MA O_ner.estc■N',C^.c•gc 4.C e..e a^a.0••0.es.'S.Oen..^=O v..rne•c t..:. • a C- ^- .: -• '-.0 a^e=C S. \ -v e.CA.Kr..s C•tr.MO.Le•rpt:.^ K`� _la.n;5Cn.V.A.�a A^pe a*.5A,M.n-..-GL.M•..a..... w' V.^nea D..g.MN.%* "_ • N V .. r_. ._v.! +-a Pa-n KS On..oe.0^••e.Pa P^oe^a.AZ.Pa.r^.C.Scary.*A.Ta•^:a.GL.r_...OK.W.'.^ngta^::E September 7, 1990 Mr. Evan Green Page 2 On alternate 2 an extended wall 14 to 16 feet high would control daytime noise levels. I However, an extended wall 35 feet high is necessary to control night time levels. This residential development is difficult to shield because of its location on a hill generally I at or above much of the surrounding area. The developer could pull the row of houses nearest the highway to the south to help daytime noise, but, night time noise level would still be exceeded. An important consideration in determining protection needed is the noise from traffic generated in the development. The noise generated by traffic in the development should not exceed the night standard when added to noise existing from the highway.. For example, if the developer provides shielding to hold night time (0600-0700) noise levels to 53 DBA from the highway, the additional local traffic could produce 51 DBA: The additive effect would be 55 DBA. Given the location in the metro area, significant night time traffic is generated from these developments. Much of the traffic generated exits on one or two collector streets so that homes near the lower end will receive significant noise from local traffic. On review of this development and the number of residences proposed, I estimate local night time noise levels to be 51 to 52 DBA at homes along West Road from the center of the area to Lyman Boulevard. Consequently, shielding along the north border should reduce noise levels along the West Road homes to below 53 DBA from highway contribution. This can, be done most effectively if the developer were to extend shielding westward from his northwest corner about 500 feet along the future Mn/DOT right-of-way 11. or map line. If you have any questions, please feel free to call me or Hai Nguyen. I Sincerely, - HOWARD NEEDLES TAMMEN & BERGENDOFF qaa/mu mew mes C. Knutson, P.E. 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