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1e1 Settlers West Final PlatCITYOF CHANHASSEN Administration MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: June 28, 2004 Revised July 12, 2004 (..3~.--,, SUB J: Settlers West Final Plat Approval, The Pemtom Land Company Planning Case #04-05 Building Inspections Engineering Finance Park & Recreation Planning & Natural Resources Public Works Senior Center : :, i:? ~ ~ Web Site PROPOSAL SUMMARY The developer is requesting final plat approval to subdivide 44.6 acres in to 48 lots, 3 outlots and a variance for right-of-way for Settlers West Road. As a part of the overall development, the applicant will be working with staff over the next few months to create a revised grading plan (IUP) for the Moon Valley site. ACTION REQUIRED City Council approval requires a majority of City Council present. BACKGROUND On May 10, 2004, the Chanhassen City Council approved the following: A. The Comprehensive Plan Amendment to incorporate the property in the 2000 Metropolitan Urban Service Area (MUSA). B. Rezoning of the property from A2, Agricultural Estate District to RSF, Single Family Residential District. C. Preliminary Plat (Subdivision) to create 48 lots, three outlots and public right- of-way with a variance for street width. D. Wetland Alteration Permit to fill and alter wetlands on site. The proposed development is located within the Cities of Chanhassen and Eden Prairie. Most of the development is located in Chanhassen. As such, the majority of my comments are in relation to the 48 lots, one outlot and two stormwater ponds in Chanhassen. However, the entire sanitary sewer and water system will be provided by the City of Eden Prairie. The City of Chanhassen ,, · :, :: Settlers West Addition June 28, 2004 Revised July 12, 2004 Page 2 GRADING~ DRAINAGE & EROSION CONTROL The existing site over the Chanhassen lots has tree cover over approximately 10 acres. The existing bluff limit line surrounds all sides except a small portion at the northeasterly and northwesterly sides along the property lines. The plans propose to grade about 60% of the site for the new house pads, a proposed street, two cul-de-sacs and stormwater ponds. The proposed grading will prepare the site for full basement, look-out and walk-out house pads. Since the first plan submittal, the developer has done a better job of attempting to work with the existing topography and to minimize the amount of grading. The existing site drainage is encompassed within three different drainage areas. Under existing conditions, the northern part of the site drains off-site to an existing wetland to the north; the west/southwest portion of the site drains off-site to the County Railway corridor and eventually south to a tributary creek of the Minnesota River; the east/southeast portion of the site drains off- site over the existing bluff to the east. Under developed conditions, the applicant is proposing to capture all of the street drainage and all of the front-yard drainage. This stormwater will be conveyed via storm sewer to proposed ponds in the easterly and westerly center of the site for treatment. The proposed ponds must be designed to National Urban Runoff Program (NURP) standards with maximum 3:1 slopes and a 10:1 bench at the NWL. The outlet for the ponds is a proposed storm sewer which drains to the existing Hennepin County Regional Trail corridor. This drainage alignment will require a permit from Hennepin County. Additionally, the City will require that the developer obtain approval from Hennepin County for the City's use of the trail for maintenance access to the storm sewer. Drainage calculations for the site have been submitted and only minor changes remain. The applicant is required to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. The storm sewer must be sized for a 10-year, 24-hour storm event. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The applicant is proposing a combination berm/swale and storm sewer system for the rearyards of lots adjacent to the bluff. Staff is in favor of this design as it will help prevent future erosion issues with the bluff. Because of the sensitive nature of the site, staff recommends that Type II silt fence be used around the perimeter of the entire site. In addition, tree preservation fencing must be installed at the limits of tree removal. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes and traffic control plans. UTILITIES Municipal sanitary sewer and water for the development will be provided by the City of Eden Prairie. The plans propose on extending sewer and water from both Explorer Trail and Pioneer Trail to service the development. Overall, the utility layout looks fine and all of the utility improvements are required to be constructed in accordance with the City of Eden Prairie's latest Settlers West Addition June 28, 2004 Revised July 12, 2004 Page 3 edition of Standard Specifications and Detail Plates. Upon completion of the utility improvements, the utilities will be turned over to the City of Eden Prairie for maintenance and ownership. A cooperative agreement covering this unique situation is currently being negotiated between the cities and will be a condition of approval for this development. The City of Chanhassen waives any right to assess the lots for future trunk or lateral sewer and water charges as long as the City of Eden Prairie provides such services. The developer will be required to pay the City of Chanhassen an amount of money equal to the number of trunk hook- up charges that are lost to the City of Chanhassen as a result of Pemtom not connecting with the City of Chanhassen's future sewer and water systems. The payment would be made at the time of building permit application and would be based upon the rates in place at that time. The current rates per lot for the City of Chanhassen are $2,814 per unit for water trunk hook-up and $1,458 per unit for sanitary sewer trunk hook-up. STREETS The plans propose on accessing the Chanhassen lots via Settlers West Road from the northeast through Eden Prairie. The required right-of-way for public streets is 60 feet wide with a 60-foot radius for cul-de-sacs. The applicant is proposing a 50-foot wide street right-of-way with a 28- foot street width from back-of-curb to back-of-curb. The standard pavement width for public streets in Chanhassen is 31 feet from back-of-curb to back-of-curb. In this case, staff is fine with the street width staying at 28 feet and the right-of-way of 50 feet. This size is consistent with the existing street width in Eden Prairie and it will provide more flexibility in grading the rear yards for the proposed lots. The proposed street access from Pioneer Trail will require approval from Hennepin County and the City of Eden Prairie. Since the last submittal, the applicant has provided information that a safe roadway design with adequate sight distances can be obtained with the addition of a westbound left turn lane on Pioneer Trail. However, there is insufficient pavement width on the bridge deck, just west of the proposed access, to incorporate a right turn lane into the site. LANDSCAPING/TREE PRESERVATION The developer for the Settler's West development has submitted tree canopy coverage and preservation calculations. The calculations do not include tree removal necessary for the installation of a storm sewer line through Outlot C; nor do they include any bluff areas. They are as follows: Total upland area (excluding wetlands and bluffs) Baseline canopy coverage Minimum canopy coverage allowed Proposed tree preservation 25.5 ac. 38 % or 9.7 ac. 30% or 7.65 ac. 6% or 1.6 ac. The developer does not meet minimum canopy coverage allowed; therefore, the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Settlers West Addition June 28, 2004 Revised July 12, 2004 Page 4 Difference in canopy coverage Multiplier Total replacement Total number of trees to be planted 263,538 SF or 6.05 ac. 1.2 316,245 SF 290 trees The total number of trees required for the development is 290. The applicant has proposed a total of 390 trees comprised of ash, basswood, cherry, cottonwood, elm and hackberry. According to City ordinance, 290 of the trees must be a minimum of 21/2" in diameter and an overstory species. The City does not find cherry, cottonwood or elm acceptable species without further information on the specific genus, species and varieties. A revised landscape plan with a detailed plant schedule must be submitted to the City prior to final approval. Staff is concerned about proposed tree preservation shown in submitted plans. There is one large stand of significant trees on site. The species found in that area are mostly basswood and sugar maple. There are little to no invasive species found there. According to the submitted plans, no design creativity has been employed to preserve the trees. Grading is proposed to the edge of the top of the bluff in all but two minor areas. The wooded area provides excellent protection to the surrounding bluff and contains a large number of healthy and significant trees and should be preserved. Staff recommends that the number of lots be reduced or the applicant be offered a density transfer in order to preserve the high quality woods along the bluff. According to the grading plans, elevation changes are proposed at the top of the bluff along a majority of the entire bluff line. City ordinance does not allow grading within 20 feet of the top of a bluff, defined by ordinance as the bluff protection zone. The applicant must eliminate grading within the bluff protection zone. City staff recommends that all bluff areas be placed in an outlot and be removed from individual lot areas. The bluff outlots will be covered by a conservation easement and should become public property. There are no buffer yard requirements for this development. BLUFFS A large portion of the site has been identified as bluff (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe). These areas must be preserved. In addition, all structures must maintain a 30-foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff) except for grading to accommodate a storm water system in rear yards. A conservation easement shall be recorded over the bluffs and bluff impact zones. The developer should work with staff to develop and install appropriate markers to demarcate the bluff impact zone. A large amount of debris (including old cars, tires and appliances) has been discarded in the bluff areas of this parcel. The applicant will work with City staff to develop a plan for bluff management. The plan should include an assessment of the stability of bluff areas, an inventory of the discarded materials, a plan for the clean-up of bluff areas, and a restoration plan for critical Settlers West Addition June 28, 2004 Revised July 12, 2004 Page 5 and/or severely eroded areas. The bluff management plan should be implemented prior to or concurrently with subdivision construction. No building permits will be issued until the plan for bluff management is approved by the city. In order to ensure that the bluff restoration is maintained, staff is recommending that financial security be provided to cover the costs. The security shall be held until the site has been re- established for several years. The developer is also required to provide a Moon Valley reclamation plan. The plan shall be submitted for city review in a timely manner. Staff is recommending that the reclamation plan be submitted for city review within 60 days of final plat approval. While there is an existing reclamation plan that was approved in a settlement agreement between the property owner and the city, staff has been working with the developer on what we believe, will be a better and more comprehensive, plan. PARKS AND RECREATION The developer shall pay park dedication fees for the 48 new houses at the time of final plat recording. The 2004 fees are $2,800.00 per unit for a total fee $134,400.00. The developer is proposing the extension of a trail to the Regional Trail over Outlots C and D. Outlot D is in the City of Chanhassen and shall be dedicated to the city for trail purposes. COMPLIANCE TABLE FRONTAGE DEPTH BLOCK 4 AREA (sq. ft.) {ft) (ft.) Acres Lot 1 15,458 68 * 144 0.35 Lot 2 15,227 87 * 149 0.35 Lot 3 16,741 89 * 159 0.38 Lot 4 16,095 92 173 0.37 Lot 5 17,800 94 189 0.41 Lot 6 17,570 94 190 0.40 Lot 7 17,747 91 180 0.41 Lot 8 21,901 84 * 197 0.50 Lot 9 22,077 91 220 0.51 Lot 10 22,907 95 251 0.53 Lot 11 25,643 107 291 0.59 Lot 12 20,347 133 282 0.47 Lot 13 17,599 140 231 0.40 Lot 14 15,978 94 171 0.37 Lot 15 15,847 80 * 149 0.36 Lot 16 17,719 81 * 163 0.41 Lot 17 22,275 81 * 173 0.51 Lot 18 19,514 81 * 175 0.45 Lot 19 17,484 88 * 174 0.40 Lot 20 16,783 88 * 178 0.39 Lot 21 15,376 95 159 0.35 Lot 22 15,046 109 156 0.35 Settlers West Addition June 28, 2004 Revised July 12, 2004 Page 6 FRONTAGE DEPTH BLOCK 4 AREA (sq. ft.) (ft) (ft.) Acres Lot 23 16,287 116 166 0.37 Lot 24 16,805 132 161 0.39 Lot 25 23,721 104 139 0.54 Lot 26 21,046 99 145 0.48 Lot 27 16,938 104 153 0.39 Lot 28 15,570 115 149 0.36 Lot 29 21,342 152 137 0.49 TOTAL: 534,843 12.28 * Complies with lot width requirements at the building setback line. FRONTAGE DEPTH BLOCK 5 AREA (sq. ft.) (ft) (ft.) Acres Lot 1 16,526 176 136 0.38 Lot 2 15,634 95 170 0.36 Lot 3 20,189 96 218 0.46 Lot 4 20,836 97 227 0.48 Lot 5 18,438 128 202 0.42 Lot 6 17,854 94 190 0.41 Lot 7 16,882 92 174 0.39 Lot 8 16,642 82 * 156 0.38 Lot 9 17,469 82 * 162 0.40 Lot 10 16,231 86 * 158 0.37 Lot 11 15,845 94 169 0.36 Lot 12 17,756 94 178 0.41 Lot 13 20,302 261 155 0.47 Lot 14 16,963 118 175 0.39 Lot 15 20,192 93 219 0.46 Lot 16 20,788 91 212 0.48 Lot 17 18,626 90 197 0.43 Lot 18 15,238 98 166 0.35 Lot 19 21,240 61 * 144 0.49 TOTAL: 343,651 7.89 · Complies with lot width requirements at the building setback line. OUTLOTS AREA (sq. ft.) ACRES (Eden Prairie) A 76,329 1.75 (Eden Prairie) B 120,104 2.76 (Eden Prairie) C 1,293 0.03 (Chanhassen) D 5,976 0.14 (Chanhassen) E 912,231 20.94 Settlers West Addition June 28, 2004 Revised July 12, 2004 Page 7 (Chanhassen) F 8,589 0.20 (Eden Prairie) G 13,201 0.30 TOTAL: 1,137,723 26.12 RIGHT OF WAY RNV 209,876 4.82 PIONEER TRAIL 2,489 0.06 TOTAL: 212,365 4.88 REVIEW CONDITIONS OF APPROVAL 1. The applicant will work with staff to reduce bluff impact and tree loss caused by Settlers Court. *This condition has been met. The development of the property is contingent on Eden Prairie approving the subdivision within their jurisdiction. Without the road access and sewer and water service, this project would be premature. *This condition has been met. 3. The developer shall be responsible for paying park dedication fees at the time of final plat recording. *This condition shall be modified as follows: The developer shall be responsible for paying park dedication fees in the amount of $134,400.00 at the time of final plat recording. Outlot D shall be dedicated to the city for trail purposes. Wetland replacement must occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant must receive approval of a wetland replacement plan prior to wetland impacts occurring. *This condition still applies. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) must be maintained around Wetland G (if it is not mitigated). A wetland buffer 10 to 30 feet in width (with a minimum average of 20 feet) must be maintained around Wetlands I and J. (Those buffers considered for PVC must maintain a minimum width of 16.5 feet.) Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. Bluff areas must be preserved. All structures must maintain a 30-foot setback from the bluff and no grading, except for the areas identified for site drainage as shown in the approved grading plan, may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). A conservation easement shall be recorded over the bluffs and bluff impact zones. The developer Settlers West Addition June 28, 2004 Revised July 12, 2004 Page 8 shall work with staff to develop and install appropriate markers to demarcate the bluff impact zone. *This condition has been modified to read "A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) must be maintained around Wetland G (if it is not mitigated). A wetland buffer 20 to 30 feet in width (with a minimum average of 20 feet) must be maintained around Wetlands I and J. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign." Bluff areas must be preserved. All structures must maintain a 30-foot setback from the bluff and no grading, except for the areas identified for site drainage as shown in the approved grading plan, may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). A conservation easement shall be recorded over the bluffs and bluff impact zones. The developer shall work with staff to develop and install appropriate markers to demarcate the bluff impact zone. *This condition still applies. The applicant shall work with City staff to develop a plan for bluff management. The plan shall include an assessment of the stability of bluff areas, an inventory of the discarded materials, a plan for the clean-up of bluff areas and a restoration plan for critical and/or severely eroded areas. The plan shall also address reclamation of the Moon Valley site. The bluff management plan shall be implemented prior to or concurrently with subdivision construction. *This condition has been modified as two conditions to read "The applicant shall work with City staff to develop a plan for bluff management. The plan shall include an assessment of the stability of bluff areas, an inventory of the discarded materials, a plan for the clean-up of bluff areas and a restoration plan for critical and/or severely eroded areas. The bluff management plan shall be implemented prior to or concurrently with subdivision construction. No building permits shall be issued until the bluff management plan has been fully implemented. The developer shall provide a construction and maintenance security for the bluff restoration. Such security shall be held for three years after the re-establishment of the bluff to ensure its viability. The developer shall prepare a plan addressing the reclamation of the Moon Valley site within 60 days of final plat approval." The lots abutting bluff areas (Lots 12 through 39 and 46 through 50) shall be graded to drain away from the bluff and bluff impact zone. In addition, a system of swales and storm sewer with surface inlets shall be installed for the rear yards of the lots abutting bluff areas (Lots 12 through 39 and 46 through 50). *This condition has been modified to read "The lots abutting bluff areas (Lots 7 through 19, Block 5 and Lots 5 through 29, Block 4) shall be graded to drain away from the bluff Settlers West Addition June 28, 2004 Revised July 12, 2004 Page 9 and bluff impact zone. In addition, a system of swales and storm sewer with surface inlets shall be installed for the rear yards of the lots abutting bluff areas (Lots 3 through 29, Block 4 and Lots 7 through 19, Block 5). The plans for the cross-country storm sewer on Outlot F shall be more detailed. Erosion blanket, shade tolerant seed mix and fiber rolls are recommended to promote vegetation growth and temporarily stabilize the exposed slope. Similar measures are needed shall the 20-foot maintenance access be developed. *This condition still applies. Outlot F has been renamed Outlot E. 10. To provide cost-effective sediment removal within Pond 3, a forebay shall be located at the northern end of the pond near the inlet. *This condition has been met. 11. A drainage and utility easement at least 20 feet in width shall be centered over any swales and/or storm sewer, including pond inlets and outlets. Slopes within the easements shall be gradual enough to permit access with heavy equipment. *This condition is partially addressed by condition #30, therefore, it has been modified to read "Slopes within the easements shall be gradual enough to permit access with heavy equipment." 12. Adequate, non-compacted topsoil shall be applied to a depth of at least 6 inches prior to the installation of permanent erosion control practices. *This condition still applies. 13. Silt fence is needed at the HWL of storm water ponds once the ponds are final grade and stabilized with mulch and seed or blanket and seed. *This condition still applies. 14. After excavation of slopes adjacent to bluff areas and prior to home building activities (such as excavating for foundations) the builders shall install silt fence or other perimeter control (snow fence) to protect the temporary stabilization methods and final grade elevations. *This condition still applies. 15. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas must have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: Settlers West Addition June 28, 2004 Revised July 12, 2004 Page 10 Type of Slope Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. *This condition still applies. 16. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. *This condition still applies. 17. The total SWMP fee, due payable to the City at the time of final plat recording, is $80,502. *This condition has bee modified to read "The total SWMP fee, due payable to the City at the time of final plat recording, is $78,179." 18. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Lower Minnesota River Watershed District, Minnesota Pollution Control Agency, City of Eden Prairie, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. *This condition been modified to read "The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Lower Minnesota River Watershed District, Minnesota Pollution Control Agency, City of Eden Prairie, Minnesota Department of Natural Resources (for dewatering), Carver County, Hennepin County) and comply with their conditions of approval." 19. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall be in place and maintained until all construction is completed. In no areas shall the fencing be placed within the bluff impact zone. *This condition still applies. 20. Any trees removed in excess of proposed tree preservation plans, dated 1/16/04, will be replaced at a ratio of 2:1 diameter inches. *This condition still applies. 21. Any trees removed must either be chipped or hauled off site. No burning permits will be issued. Settlers West Addition June 28, 2004 Revised July 12, 2004 Page 11 *This condition still applies. 22. Silt fence must be placed outside of the bluff impact zone boundary. *This condition still applies. 23. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, Cable TV and transformer boxes. This is to insure fire hydrants can be quickly located and operated by firefighters. Pursuant to Chanhassen City Ordinance #9- 1. *This condition still applies. 24. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during time of construction except when approved, alternate methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of roadways allows passage by vehicles in accordance with Section 505.2 of the Minnesota Fire Code. *This condition still applies. 25. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. *This condition still applies. 26. Demolition permits must be obtained prior to demolishing any structures on the site. *This condition still applies. 27. As utility service will be provided by the City of Eden Prairie, responsibility for permits and inspections of the private sewer and water services must be determined. *This condition still applies. 28. The applicant will be required to meet the existing site runoff rates for the 10-year and 100- year, 24-hour storm events. The proposed ponds must be designed to National Urban Runoff Program (NURP) standards. *This condition still applies 29. The storm sewer must be designed for a 10-year, 24-hour storm event. Submit storm sewer sizing calcs and drainage map prior to final plat for staff review and approval. *This condition has been modified to read "The storm sewer must be designed for a 10- year, 24-hour storm event." Settlers West Addition June 28, 2004 Revised July 12, 2004 Page 12 30. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. *This condition still applies. 31. Because of the sensitive nature of the site, Type III silt fence per City detail plate #5300 be used around the perimeter of the entire site. Also, remove the silt fence detail from the preliminary grading plan (sheet #8.) In addition, tree preservation fencing must be installed at the limits of tree removal. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. The applicant shall be aware that any off-site grading will require an easement from the appropriate property owner. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes and traffic control plans. *This condition has been revised to read "Because of the sensitive nature of the site, Type II silt fence per City detail plate #5300 be used around the perimeter of the entire site. In addition, tree preservation fencing must be installed at the limits of tree removal. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. The applicant shall be aware that any off-site grading will require an easement from the appropriate property owner. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes and traffic control plans." 32. Revise the storm sewer pipe diameter from 12-inch to 15-inch minimum. *This condition has been met. 33. Permits from the appropriate governmental agencies must be obtained including: MPCA, Watershed District, Hennepin/Carver County. *This condition has been combined with condition #18. 34. On the grading plan: a. Add a 4-inch perforated drain tile at street low point, 4-feet in back of curb. b. Show the benchmark used for the site survey. c. The walkout elevation of Lot 12 must be a minimum of 1.5 feet above the adjacent emergency overflow elevation. *This condition has been revised to read "On the grading plan: Show the benchmark used for the site survey." 35. Last storm structure that is road accessible prior to pond must be a 3-foot sump manhole. *This condition has been met. Settlers West Addition June 28, 2004 Revised July 12, 2004 Page 13 36. The proposed retaining wall at the end of Settlers Court will not be allowed within the street right-of-way. Also, any retaining wall over 4-feet in height must be designed by a registered Civil Engineer in the State of Minnesota and it will require a building permit. *This condition has been met. 37. Extend the 5-foot sidewalk to the south end of Settlers West Road. *This condition still applies. 38. The developer must obtain approval from Hennepin County for the City's use of the trail for maintenance access to the storm sewer. *This condition still applies. 39. The plans are acceptable with the 150-foot curve radius, but the applicant will be required to install mitigation signage. *This condition has been met. 40. The applicant is required to add 8-foot shoulders per state aid standards and 150 foot tapers on the end of each turn lane and lengthen the left turn lane to maximize the usefulness of the lane and/or comply with Hennepin County's requirements for improvements to Pioneer Trail. *This condition still applies. 41. The developer will be required to pay the City of Chanhassen an amount of money equal to the number of trunk hook-up charges that are lost to the City of Chanhassen as a result of Pemtom not connecting with the City of Chanhassen's future sewer and water systems. The payment would be made at the time of building permit application and would be based upon the rates in place at that time, multiplied by the number of buildable lots platted. *The condition has been revised to read "The developer will be required to pay the City of Chanhassen an amount of money equal to the number of trunk hook-up charges that are lost to the City of Chanhassen as a result of Pemtom not connecting with the City of Chanhassen's future sewer and water systems. The payment shall be made at the time of building permit application and shall be based upon the rates in place at that time." Staff is recommending that the following condition be added: A signed cooperative agreement between the City of Eden Prairie and City of Chanhassen must be in place prior to the recording of the final plat. In addition, the City of Eden Prairie is recommending that the following condition be added: Outlot E, Settlers West, Carver County, Minnesota shall be maintained by the owner of Outlot E, such that erosion does not occur. If erosion does take place and extends into the Settlers West Addition June 28, 2004 Revised July 12, 2004 Page 14 City of Eden Prairie, repair to the eroded areas located within the City of Eden Prairie shall be repaired by the owner of Outlot E and at no expense to the City of Eden Prairie. The City of Eden Prairie is an intended third party beneficiary of this paragraph and the City of Eden Prairie shall have the right to enforce the terms of this paragraph by all legal and equitable remedies including but not limited to abatement, injunction and damages RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The City Council grants final plat approval of Planning Case #04-05 creating 48 lots and three outlots, with street width variances for a 50-foot right-of-way and a 28-foot pavement width, subject to the following conditions: 1. The developer shall be responsible for paying park dedication fees in the amount of $134,400.00 at the time of final plat recording. Outlot D shall be dedicated to the city for trail purposes. o Wetland replacement must occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant must receive approval of a wetland replacement plan prior to wetland impacts occurring. o A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) must be maintained around Wetland G (if it is not mitigated). A wetland buffer 20 to 30 feet in width (with a minimum average of 20 feet) must be maintained around Wetlands I and J. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. Bluff areas must be preserved. All structures must maintain a 30-foot setback from the bluff and no grading, except for the areas identified for site drainage as shown in the approved grading plan, may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). A conservation easement shall be recorded over the bluffs and bluff impact zones. The developer shall work with staff to develop and install appropriate markers to demarcate the bluff impact zone. The applicant shall work with City staff to develop a plan for bluff management. The plan shall include an assessment of the stability of bluff areas, an inventory of the discarded materials, a plan for the clean-up of bluff areas and a restoration plan for critical and/or severely eroded areas. The bluff management plan shall be implemented prior to or concurrently with subdivision construction. No building permits shall be issued until the bluff management plan has been fully implemented. The developer shall provide a construction and maintenance security for the bluff restoration. Such security shall be held for three years after the re- establishment of the bluff to ensure its viability. 6. The developer shall prepare a plan addressing the reclamation of the Moon Valley site within 60 days of final plat approval. Settlers West Addition June 28, 2004 Revised July 12, 2004 Page 15 The lots abutting bluff areas (Lots 7 through 19, Block 5 and Lots 5 through 29, Block 4) shall be graded to drain away from the bluff and bluff impact zone. In addition, a system of swales and storm sewer with surface inlets shall be installed for the rear yards of the lots abutting bluff areas (Lots 3 through 29, Block 4 and Lots 7 through 19, Block 5). The plans for the cross-country storm sewer on Outlot E shall be more detailed. Erosion blanket, shade tolerant seed mix and fiber rolls are recommended to promote vegetation growth and temporarily stabilize the exposed slope. Similar measures are needed shall the 20-foot maintenance access be developed. 9. Slopes within the easements shall be gradual enough to permit access with heavy equipment. 10. Adequate, non-compacted topsoil shall be applied to a depth of at least 6 inches prior to the installation of permanent erosion control practices. 11. Silt fence is needed at the HWL of storm water ponds once the ponds are final grade and stabilized with mulch and seed or blanket and seed. 12. After excavation of slopes adjacent to bluff areas and prior to home building activities (such as excavating for foundations) the builders shall install silt fence or other perimeter control (snow fence) to protect the temporary stabilization methods and final grade elevations. 13. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas must have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: Type of Slope Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 14. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 15. The total SWMP fee, due payable to the City at the time of final plat recording, is $78,179. 16. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Lower Minnesota River Watershed District, Minnesota Pollution Control Agency, City of Eden Prairie, Minnesota Department of Natural Resources (for dewatering), Carver County, Hennepin County) and comply with their conditions of approval. Settlers West Addition June 28, 2004 Revised July 12, 2004 Page 16 17. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall be in place and maintained until all construction is completed. areas shall the fencing be placed within the bluff impact zone. In no 18. Any trees removed in excess of proposed tree preservation plans, dated 1/16/04, will be replaced at a ratio of 2:1 diameter inches. 19. Any trees removed must either be chipped or hauled off site. No burning permits will be issued. 20. Silt fence must be placed outside of the bluff impact zone boundary. 21. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, Cable TV and transformer boxes. This is to insure fire hydrants can be quickly located and operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 22. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during time of construction except when approved, alternate methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of roadways allows passage by vehicles in accordance with Section 505.2 of the Minnesota Fire Code. 23. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. 24. Demolition permits must be obtained prior to demolishing any structures on the site. 25. As utility service will be provided by the City of Eden Prairie, responsibility for permits and inspections of the private sewer and water services must be determined. 26. The applicant will be required to meet the existing site runoff rates for the 10-year and 100- year, 24-hour storm events. The proposed ponds must be designed to National Urban Runoff Program (NURP) standards. 27. The storm sewer must be designed for a 10-year, 24-hour storm event. 28. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. 29. Because of the sensitive nature of the site, Type II silt fence per City detail plate #5300 be used around the perimeter of the entire site. In addition, tree preservation fencing must be installed at the limits of tree removal. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. The applicant shall be aware that any off-site grading will require an easement from the appropriate property owner. If importing or exporting material for development of the site is necessary, Settlers West Addition June 28, 2004 Revised July 12, 2004 Page 17 the applicant will be required to supply the City with detailed haul routes and traffic control plans. 30. On the grading plan: a. Show the benchmark used for the site survey. 31. Extend the 5-foot sidewalk to the south end of Settlers West Road. 32. The developer must obtain approval from Hennepin County for the City's use of the trail for maintenance access to the storm sewer. 33. The applicant is required to add 8-foot shoulders per state aid standards and 150-foot tapers on the end of each turn lane and lengthen the left turn lane to maximize the usefulness of the lane and/or comply with Hennepin County's requirements for improvements to Pioneer Trail. 34. The developer will be required to pay the City of Chanhassen an amount of money equal to the number of trunk hook-up charges that are lost to the City of Chanhassen as a result of Pemtom not connecting with the City of Chanhassen's future sewer and water systems. The payment shall be made at the time of building permit application and shall be based upon the rates in place at that time. 35. A signed cooperative agreement between the City of Eden Prairie and City of Chanhassen must be in place prior to the recording of the final plat. 36. Outlot E, Settlers West, Carver County, Minnesota shall be maintained by the owner of Outlot E, such that erosion does not occur. If erosion does take place and extends into the City of Eden Prairie, repair to the eroded areas located within the City of Eden Prairie shall be repaired by the owner of Outlot E and at no expense to the City of Eden Prairie. The City of Eden Prairie is an intended third party beneficiary of this paragraph and the City of Eden Prairie shall have the right to enforce the terms of this paragraph by all legal and equitable remedies including but not limited to abatement, injunction and damages." ATTACHMENTS 1. Final Plat. g:\plank2004 planning cases\04-05 - settlers westksettlers west fp revised.doc I I I I I I I I I I iI / /x.../ / / { / / / / / / ~ m '5 / / 0 / / Fq o~ $87°42'54'E 61000