1e. Final Plat, Woodcrest Addition le 1 '
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CITY O ----
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA,,§5317
CHANHASSEN
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;V ` (612) 937-1900
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Endorsed '� --_ —
MEMORANDUM +.odi:id.--____.—.-___
II TO: f ejected _,.Don Ashworth, City Manag-r "'°'_Z-3- f
c‘,..,,,FROM: Barb Dacy, City Plann-r %'* bV . `^t
DATE: August 3 , 1988 ____g_-
1 SUBJ : Final Plat Approval - Woodcrest Addition, R & R Land
Adventures, (SUB 88-5)
1 BACKGROUND
I The City Council approved the preliminary plat for the above
referenced subdivision on May 23, 1988 subject to 14 conditions
( see attached minutes) . The City Council approved the develop-
ment contract and plans and specifications at the July 11, 1988
II
meeting.
ANALYSIS
IIThe development contract and the plan and specification review
addressed the thirteen conditions of the preliminary plat approval
I except for condition #1 regarding tree removal on the property.
The DNR Forester reviewed the site with staff and has submitted
his comments ( see attached) . The recommendations of the forester
are incorporated into the condition of approval for the plat.
1 In addition to the city' s conditions regarding tree removal, the
applicant has also submitted the proposed deed restrictions which
1 include restrictions on clear cutting and removal of trees .
The applicant has also provided adequate drainage and utility
1 easements along the front and side lot lines . Outlot A, as ori-
ginally required, will be dedicated to the City. Conveyance
should occur by warranty deed.
1 RECOMMENDATION
It is recommended that the City Council approve the final plat
1 stamped received July 26 , 1988 subject to the following
conditions:
1 . Execution of the development contract and submission of all
1 financial securities and fees .
1
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Woodcrest Addition
August 3 , 1988
Page 2
2 . Compliance with conditions of preliminary plat approval
including the recommendations of the DNR Forester as repre-
sented in his letter of July 27 , 1988 .
3 . Conveyance of Outlot A by warranty deed to the City of
Chanhassen.
ATTACHMENTS
1 . Letter from Alan E. Olson dated July 27 , 1988 .
2 . City Council minutes dated May 23 , 1988 .
3 . Proposed deed restrictions .
4 . Final plat stamped received July 26 , 1988 .
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STATE OF
- DEPARTMENT OF NATURAL RESOURCES
219 E. Frontage Rd.
' Waconia, Mn. 55387
442-2317
Barb Dacy 7/27/88
City Planner
690 Coulter St.
Chanhassen, Mn. 55317
1
Subject:
' Woodcrest
The house lots proposed for development are located on a hill. This is
going to present some problems for the developer in terms of leveling the
lots for the house pads and driveways. The existing tree cover consists
mostly of sugar maple,basswood and oak trees that are 6-8 inches in diameter.
' The front half of the lots is where the site disturbance will take place, I will
address my remarks to those areas.
The trees whose drip lines fall within the zone of foundation construction
on
' will have to be removed. These trees will suffer the most damage during a
construction project. Next trees which will require either soil added to or
removed from their root zone will need to have wells built around the trees
in order to preserve the health and vigor of the tree. Thirdly the paths used
by the heavy equipment operators need to be kept to an absolute minimum.
Sugar maple and oak trees are particularly suceptable to "construction damage"
which includes having their roots crushed by the repeated movement of equip-
ment on the root zone.
A little care exercised by the construction company will go a long way in
' maintaining the good health the trees in this area currently enjoy. The house
that is located at the top of the hill seems to have been built with
minimal impact on the forest ,I would hope this project would achieve a similiar
conclusion.
' Alan E. Olson i AUG 0 1 1988
DNR-Forestry ✓ yam` CITY OF CHANhASSEN
ADMINISTRATIVE SERVICES • WATERS, SOILS, AND MINERALS • LANDS AND FORESTRY
GAME AND FISH • PARKS AND RECREATION • ENFORCEMENT AND FIELD SERVICE
® .. ...<.�kiid4".. 4Ya:ta{a,:9•v.:_•-,
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51
IINNFO1N
lirInT4TR JT-' JIE UAgricultural Extension
Minnesota Service
niversity of I
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o.
Protecting Shade Trees from Construction Dama�r e " 21-1978
• b b Patrick J. Weicherding I
Nearly everyone recognizes the value of trees in providing Caring for tree roots. When you install temporary or perma-
shade, ornament,or protection to building sites, city streets, nent driveways or traffic lanes,cut nearby tree roots cleanly.
I
and roadsides. All too frequently, however,the trees that make Cleanly cut roots will heal well, and new roots will develop.
a site attractive are damaged or killed during construction work Trenchers and backhoe equipment are most commonly used
by carelessness or inadequate protection. Frequently, it is for such cutting (figure 1).
possible to repair such damage or to restore a tree's health, but Bridging. Sometimes it is necessary for traffic to pass near the
I
it is always better and usually more economical to prevent trees. In this case, use bridging as illustrated in figure 2.
damage than to correct it. Before beginning actual construc-
tion, it is worthwhile to give careful thought to the protection
of trees on the site.
This fact sheet provides guidelines for diagnosing construction
I
damage and illustrates various methods of preventing or lessen-
ing damage to shade trees from construction work. The infor- Figure 1. Cutting roots near driveways,traffic lanes,or buildings.
mation was adopted for use in Minnesota from the University
of Illinois Cooperative Extension Service Circular 1061, "Tree
I
Damage Around Construction Sites." J 1/4 \J
DIAGNOSING CONSTRUCTION DAMAGE Ii J
tr
Symptoms of construction damage to trees appear over a peri-
od of several months to several years after the damage occurs.
Because of this delay, people often shift the blame for damage
to other causes,and it becomes too late to effectively treat the fill fill 1 '
trees. curb
The first symptoms are usually just a slight wilting and shed ^� ,• ,'.�.•.�
A6 ' ! i basement
ding of some leaves at the time of construction. Then, in later ;��'' + ,_— , `-. wall
years, leaf dwarfing,dying of twigs, and, in the case of conifers, _ _ i
excessive dropping of needles occurs. Trees damaged by con- pi Ns' l _ __
struction act abnormally in many other ways, most noticeably �� =_
by dropping leaves earlier in the fall than trees of the same ;obi , ,�Aifi� ' '
species in other locations. Early fall coloring usually accom-
panies early leaf losses. In cases of severe construction damage, drain tile
off-seasoning blooming occurs, and this usually means the tree
is about to die.
I
In addition to noticeable physiological change in trees, con-
Figure 2. Using bridges to protect tree roots.
struction damage produces other symptoms. If the tree has
been only slightly damaged,growth is slowed and resistance to
insects and diseases is weakened. V£! I
Diagnosing compaction or smothering damage can be difficult
because it takes quite a while for symptoms to appear. Trees
sometimes die five to seven years after the original damage.
The amount of damage, the species of tree involved, and the I
soil type will determine how long it will take symptoms to
appear. Some species, burr oak and cottonwood for example,
have deep roots and this gives them the ability to survive for —�r�• M �,� ,
long periods in compacted soils that do not have enough air to I
support other species. .A-
PREVENTING CONSTRUCTION DAMAGE steel plate 'w railroad ties tii.Controlling traffic A basic way to lessen construction damage �� � '�
to trees is to reduce traffic as much as possible around the con- ila , ,; '• 1 struction site. Talk this over with your contractor before con ` . • I struction begins. Establish definite traffic patterns and fence � i A '•
off trees, if necessary. Locate areas where soil and building ,� '� ' ■ I
materials are stockpiled well away from the drip line of the I
trees you want to save.
1
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IWatering. Trees that have lost some roots and are in compacted gravel, not crushed limestone which is commonly used for road
soil usually need water. work. Crushed limestone will harm the tree by raising the soil
Pruning. When you have pruned a tree's roots you should also pH. The fill soil should be as porous as possible or amended
I remove a comparable portion of the top part of the tree. Do with sand or organic materials such as corncobs. Sandy soil
not pollard, that is, cut back the top branches close to the permits much more natural drainage of air and water than clay,
trunk. Remove selected branches to the main trunk or to the which packs more easily. Two or three inches of sandy soil can
crotch. Cut branches from throughout the tree to maintain be filled over a root system without harming the tree,while
I symmetry. 2 to 3 inches of clay soil filled over a root system will kill the
tree.
Cutting and filling. Cut-and-fill damage can injure trees just as
much as compaction. The symptoms of the two problems are Remember, there are no shortcuts to good protection. You
almost identical, only in most cases, injury and death occur may save time and avoid mistakes if you obtain competent
more rapidly from cut-and-fill damage. Figures 3, 6, and 7 assistance before you make plans for extensive or complex con-
illustrate three of the most common types of cut-and-fill dam- struction operations or before you treat trees that have suf-
illustrate
age. Figures 4, 5, 6, and 7 indicate the proper treatment in fered from widespread construction damage. Sometimes it
each case. Fill that covers the root system of a tree will may be desirable to consult local urban foresters,landscape
I smother it by cutting off the air supply and,sometimes,the architects,arborists,or other technical experts.
moisture that the tree must have to survive.
If you want to place fill dirt over root systems,follow the pro- Issued in furtherance of cooperative extension work in agriculture and
I P home economics,acts of May 8 and June 30, 1914,in cooperation with
cedure in figures 4 and 5. Use the complete system for satis the U.S. Department of Agriculture. Roland H.Abraham,Director of
factory results, since installing any one part of it will do little Agricultural Extension Service,University of Minnesota,St.Paul,Min-
good. Use 4 or 6-inch standard agricultural field drain tile. nesota 55108. The University of Minnesota,including the Agricultural
Lay it in the pattern illustrated in figures 4 and 5. Cover the Extension Service,is committed to the policy that all persons shall have
equal access to its programs,facilities,and employment without regard
I tile with 6 to 8 inches of coarse /z-to 3-inch stone. Use creek to race,creed,color,sex,national origin,or handicap. W
Figure 3. Cut-and-fill damage.
Figure 6. Lowering soil level.
•
incorrect correct
fill
Inew soil level
4 -old soil level
soil removed fill
I //L ,...�_i i.... ,,,..,cy{..1,v lo old level old level
a// ��✓ins,r,.w U0.,ylln1I
iii — —e' -- new level_„i�i�'r
/f' ' 1 4 1 l� new level
I Figure 4. Proper tiling system for raising ground level around tree.
1 Vi
IIG
•
grout or loose stone dry well
Ifill vent tile
:. • //drain to
I
field tile _, old soil level lower level Figure 7. Protecting tree from cut-and-fill damage.
e if possible
Iincorrect method '
I 1(11 „old soil level
fill , ', _new soil level
Figure 5. Drainage system when raising ground level(top view). �r lee I t
Cover this area with coarse rock --��_--��
r 199
Chanhassen City Council - May 23, 1988 , um
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Mayor Hamilton: If that doesn't inconvenience anybody who's here, we'll attempt
to meet at 6:00 Thursday evening if we can get everyone together.
' Councilman Boyt: Let's be sure we include Pierce and this on the same night. II
Mayor Hamilton: There might be a couple more items. I
Councilman Boyt: So what we've agreed to do then is to hold the meeting on
Thursday at 6:00.
II
Mayor Hamilton: If we can have a quorum.
Councilman Boyt: It would be certainly very helpful if the Reeds and Mr. Zahn 1
had worked out an agreement by then. For my part, I certainly want you to keep
the option open of having two cul-de-sacs that live within the limits set by the
City Ordinance. As I mentioned that may not carry today but I would like you to
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think about that option.
R & R LAND VENTURES, LOCATED ON THE SOUTH SIDE OF WOODHILL ROAD: I
A. SUBDIVISION OF 3.5 ACRES INTO 7 SINGLE FAMILY LOTS.
B. WETLAND ALTERATION PERMIT TO DEVELOP WITHIN 200 FEET OF A CLASS B WETLAND.
II
Barbara Dacy: The Planning Commission, at their meeting, recommended approval
of both items but they did want clarification regarding the status of the II drainageway that traverses through the eastern part of the property which is
located on the transparency right here. Mr. Jim Leach from the U.S. Fish and
Wildlife Service inspected the site on May 13th. He said that although the
drainageway does exhibit wetland characteristics, he said that it's not II
protected by DNR or the U.S. Fish and Wildlife Service and is considered a
drainageway and not a protected wetland. So the Planning Commission's concern
regarding whether or not the plat would have to be amended is resolved. In fact
II
Mr. Leach endorsed the proposed creation of the stormwater retention pond in
this location to act as a filtering basin prior to the storm water entering into
the wetland area to the east of the Yuma Drive paper right-of-way. He also II recommended that a part of the pond be deepened to permit shortage of water
should occur on a long term basis, he's afraid the ponds is shallower in the
southeast part of the site. Although staff recognizes that those are viable
objectives for a pond to promote the stripping of nutrients before entering the
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wetland area, there was an overwhelming concern from the neighborhood at the
public hearing regarding whether or not there is going to be standing water in
that pond. A number of the neighbors in the area have children and there was
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concerns about those safety issues. Therefore, staff is still maintaining it's
original recommendation to create a pond as proposed as shown on the proposed
drainage plan. The Planning Commission also added three conditions regarding
the submission of a deed restriction regarding tree removal, soil borings to be II
submitted upon building permit application. That the developer negotiate with
the City Engineer regarding curbing along Lots 3, 4 and 5 and that a 10 foot
roadway and utility easement be platted on the south right-of-way of Woodhill
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Road. As to the wetland alteration permit, Mr. Leach's comments have been
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received and he approved the proposed grading and planting plan. Therefore,
Council can adopt the Planning Commission's recommendation for approval subject
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to compliance with the conditions of plat approval.
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' anhassen City Council - May 23, 1988
Mayor Hamilton: Ron, did you have anything you wanted to add?
Ron Krueger: Yes, one point that you covered here. The one on the curb. I
believe at the Planning Commission meeting there was...and the drainage in that
' area, the water seems to...running along the north side. I really don't see any
purpose for putting a blacktop curb along those lots. I'm not concerned with
the first... The other item was the applicant shall dedicate Outlot A to the
City of Chanhassen prior to the commencement of any grading. We have agreed to
' dedicate the outlot but the problems would be, we'd like to get busy and start
installing this storm sewer to get at least some of these houses built and we
still have the final plat to get approved and it has to go to the County and
' there's one of the lots that has a tax title problem so if we're not able to do
any grading prior to the deeding of the outlot, it's probably going to take
about six weeks. Perhaps in the development agreement. I'm sure there will be
words in the development agreement to cover the deeding of the outlot to the
City.
Councilman Johnson: You said that the Fish and Wildlife and the DNR don't
' consider it a wetland, what about our ordinance? That's what the Planning
Commission talked about. They were pretty sure those would be our wetlands.
Barbara Dacy: The primary distinction is that yes, there's no question that
there's running water through it because it's a drainageway. And yes, there are
reed grasses along it because it's wet in the area but it's considered a ditch.
A drainageway and not a wetland. It's very similar to what we did in the Rod
' Gram's subdivision with the creek that runs through there and the Triple Crown
creek. Well, there used to be in that area there. Maybe I'll use the example
on the west side in the Saddlebrook area.
' Councilman Boyt: Didn't we open that up and make a pond out of it?
Barbara Dacy: In Saddlebrook? Yes. I believe our crews did alter this
drainageway also for improving the flow through.
Councilman Johnson: They should have spread the fill out a little better around
' the edge to make it look nicer. I wish there was something we could do about
the grading... I'm hoping that the other side of the road will develop and get
rid of some of those shacks and problems on the other side of the road too. I
' think that this is another fine area that seems kind of.. .similar to our
conservation easement. Little easement that we could work out to discuss what
can and can't be done within the woods. Obviously, you take out the diseased
trees that you're required to take down but I think that's something that ought
to be taken on a future agenda where we talk about.. .to help try to preserve
some of the wood...
' Councilman Boyt: If we look at the motion as recommended to the City Council,
number 1 talks about clearcutting. I think in that should be added reference to
trees being proposed for cutting should be reviewed by the Forest Service and
City Engineer. That's not in there and I think that should be standard
operating prodedure for the City. Then in number 5, Gary it's my understanding
that we have put in our standard development contract that the City is going to
be responsible for erosion control and we're going to charge for that.
14
Chanhassen City Council - May 23, 1988
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Gary Warren: The City will be responsible for removal of erosion control and
there will be a charge for that.
Councilman Boyt: Okay, we should modify 5 to reflect that. It says that the
responsibility will be on the developer and I believe it's 1.00 a foot to
remove? ,
Gary Warren: That's correct.
Councilman Boyt: Then I think as a part of this we should post that Woodhill ,
Road be as a no parking area. I gather from the discussion it presently
wouldn't support parking. I think that we should, as part of our conditions of
approvement, if possible, require that all homes have a sump system and drain
tile. As I recall our ordinances, we require that the lowest level of the house
be 3 feet above the water line. Do you recall that?
Gary Warren: You're talking about 2 foot from the high water mark. 11
Councilman Boyt: It's 2 feet above, not 3 feet above?
Gary Warren: 2 feet above the high water mark.
Councilman Boyt: As I look at where the current line is for the marsh, maybe '
that's no problem. I guess I was looking at the drainage ditch. There are
quite a few references in the Planning Commission notes about flooding on Lot 5.
Are we in touch with that?
Larry Brown: Yes. The applicant has submitted calculations to try and address
the flow that would flow over the corner of Lot 5 in the event of a large storm.
Part of the house pad elevations can be addressed as well through the building
permit application. We're not locking in now house pad elevations at this time.
Councilman Boyt: Are we indicating that these are buildable lots without '
variances?
Barbara Dacy: Yes.
Councilman Boyt: I know from a square footage standpoint but what if this lot
can't be built on from a water table standpoint? What if they have no way of
accessing this lot without cutting across an area where the water table is 1
foot below the ground? Does that then make them unbuildable?
Larry Brown: I think those questions will have to be answered once the soil
borings are submitted to the building inspection department.
Councilman Boyt: Can we approve this without soil borings being taken and
indicate that this is a buildable lot? Once we plat this, aren't we saying it's
a buildable lot?
Gary Warren: Maybe Roger wants to address that. I guess my opinion on that ,
would be that platting the lots but that does not absolve the developer from
certain things. Like bad soils, for example, regardless of water, if he has a
buildable foundation. 1
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• ., .x►s..�.,_._. ._,s.. ._ _ ._ _ .... «..,mss. iiBii'rl' Yi�h t .-a_.., " Ws S
202
' ' Chanhassen City Council May- y 23, 1988
Councilman Boyt: It seems to me that the City is faced with variances with some
' frequency where a lot has been platted and it's found that it no longer fits the
City's ordinances and yet we pretty generally grant those variances through the
hardship of not finding another use for that piece of ground.
Gary Warren: In certain setback areas, those variances I would agree with you
but as far as conditions such as soil stability and ground water, I would be
hard pressed to come up with a variance that we've approved.
' Councilman Boyt: So you're telling me that even if this lot was unbuildable, we
wouldn't be faced with a variance request to build on it. You wouldn't be able
to grant it, is basically what you're saying.
Gary Warren: I'm saying that in order for him to build on any of these lots, he
still has to be able to comply with the ground water and soil stability issues.
Roger Knutson: I suppose potentially Gary, I don't know anything
Y about these
lots...
' Gary Warren: In which case he's complying with the ground water condition. The
basement that's above the ground water.
Roger Knutson: So you would need a variance before he can get that house filed?
Councilman Boyt: Okay, I'm just trying to protect the future property owners.
' On the issue of the wetland, the National Wildlife Service, I gather, is
suggesting that the wetland be a more permanent wet area. Is that right
Barbara? Is that what you're suggesting? The neighborhood is saying they want
it dry?
Barbara Dacy: The wetland, the actual wetland is off the property.
Councilman Boyt: This is the pond you're creating.
Barbara Dacy: And the pond area, yes, Mr. Leach reconunended that we could
' create a deeper part of the pond in the northern area and a shallower area to
encourage vegetation and so on and during the Planning Commission meeting that
was an issue of concern.
' Councilman Boyt: The neighbors talked about there was a good bit of water
around this area already. I don't know exactly how I feel about the issue. I
hate to create a hazard. I also hate to give up potential wetland area that we
' could develop. I understanding in reading the Planning Commission Minutes that
there is a considerable number of trees that are going to be loss due to
grading. Is that right?
Gary Warren: Correct.
Councilman Boyt: And these are mature trees we're talking about. What can we
do to save then?
Gary Warren: It will come up I guess to the builder or property owner or
' developer, this is the building plans. We call out for grading plans for review
for a building permit as we have in Shadowmere and other areas and say what
16
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203
PFP Chanhassen City Council - May 23, 1988 II
trees are you going to save. It's to their incentive to save the trees except
for those that are diseased or damaged.
Councilman Boyt: Well, no it isn't. It's not to their incentive if it keeps
them from developing that piece of property. They'll come in and they'll put 10
feet of fill in there and kill that tree.
Gary Warren: I guess what I meant to say is that from a monetary standpoint,
the lot is worth more to have trees on it.
Barbara Dacy: Mr. Boyt, I guess we attempted to be, as you can tell from the
grading plan, that there will need to be a certain amount of work conducted. On
one hand we didn't want to lead the Council down the road by saying that there
will be a lot of trees saved. We wanted to be upfront with that but in order to
compensate that, by establishing that grading limit boundary, preserving the
southern half of those lots, maintain the property from the Triple Crown
subdivision and do our best to review the tree removal plan and you have a good
suggestion with the DNR forester. Maybe we do have some added help in that area
when we have the grading...
Councilman Boyt: I would recommend that a condition be put on this that we
minimize fill that would lead to the death of a major tree. I would say
anything over 10 inches. I'd like to see the fill minimized to save those as
much as possible. We have the capability of building on Lot 5, which is barely
above the water table, according to the neighbors, then we certainly have the
capability of minimizing fill and protecting as many trees as possible. I think
we should go with that on 10. My last point is 20% road incline. Basically I
don't think this piece of property warrants five lots. I don't think we should
put five more families on a road that has a 20% decline/incline and a surface
only 16 feet wide. I won't vote against it because of that but it just seems to
me it's not safe. That's all.
Mayor Hamilton: I had a question on item 3 also. I'm curious why we're asking
for Outlot A to be dedicated prior to any grading when it hasn't been done in
the past. It would seem to me that that's a City, rather.. .condition. I think
this can be accomplished by putting something into the development contract and
I think in the past it's been overlooked in some cases where we haven't gotten
the outlots deeded to the City as we should have but I don't think this is the
right place to do it.
Gary Warren: Exactly Mr. Mayor. We've had problems catching up with some
easements and outlots that haven't been carried out even as a result of being in
the development contract. I would suggest, I wouldn't request here but I would 11 like to get some deadline maybe where we could put out some realistic date that
the developer would do where we could expect to have the deed transferred so we
have something that's not nebulous out there.
Mayor Hamilton: I think as long as the developer knows and had agreed that he's
going to transfer that, there shouldn't be a problem. I would think that the
City would want him to finish his grading anyway. Why would we wan': to have it
deed to us? He could say well now it's yours. I'm not going to finish it. I
don't know, why should I? It's not my property.
17
I 204
Chanhassen City Council - May 23, 1988
Gary Warren: Conditions of the development contract and plans would require
' that he have to do the work out there whether we have ownership or not. I guess
I'm saying...we could use a letter of credit I guess as a back-up. If he hasn't
provided us with a deed we'll use his letter of credit.
Mayor Hamilton: Can that be put into the development contract?
Gary Warren: Yes.
Mayor Hamilton: So you can strike that from one of the conditions. Then item
12 on curbing. Could you make a comment on that please?
Larry Brown: The curbing, the reason that they had stated that the curbing was
to be negotiated is through the plans and specs mode, their initial intent was
to make sure that the water along Lots 4 and 5 did in fact make it to the pond
' and not flood out the front of those lots. Right now Mr. Krueger and myself
have yet to sit down and take a look at the low points to find out whether
that's feasible and that's why they're allowing him to negotiate with the City
' Engineer.
Gary Warren: That would either be, probably more appropriate along with review
of the plans and specs. We would make a review of it at that time.
' Mayor Hamilton: Then the discussion on the trees. That is a beautiful piece of
property and there are many trees on there. I think a lot of them will be saved
' because the building pads will be in the north side of the lots. However, you
do have to take some trees to make room for a building pad. I think we've
talked about this so many times that when we hired a forester to help us with
' these things, he told us that trees will die if you do. .. You expect that as a
part of development. I certainly hate to see a nice treed area like this, some
of these trees are being developed but. .. It is a valuable asset to the
property... A lot of people looking for lots with trees on them. They're hard
to find. I have no other items.
Councilman Johnson: Just to follow up on the trees and grading. Looking at the
' grading plan, with the exception of Lot 1 and Lot 2, some of the very front part
of it, the entire Lot 3, 4 and 5 are going to be regraded bringing that up to 4
foot of fill and 2 foot or so over almost the entire Lot 4. There's not going
' to be on the front half a lot of trees saved on Lots 1 and 2. Truthfully when I
went down through there, there's a lot of real small grubby trees on the front
side of those lots like somebody has cleared it once before. There are some
mature trees but primarily 1 inch type stuff. It's pretty scrubby. It would be
' interesting to get some of those, replant whatever you can. With a tree spade
move them around if you've got some that are saveable and after you fill, go
back into the frontyards. Use your own thing as a nursery if it's possible.
Just a suggestion obviously. Do you know that operation down east, a logging
operation going on down there.
Mayor Hamilton: The person has been trying to develop a buildable lot and
what's happened is they've got all kinds of trees off. The owner has been doing
that.
' Councilman Johnson: How deep, if you expanded the pond, where there was some
water, would we be talking 6 inches of water? I think a lot of people are
' 18
r 117 111
i Chanhassen City Council - May 23, 1988
concerned about getting a high water where the kids would drown. Is what Mr.
Leach is looking for is something for ducks to swim in?
Barbara Dacy: Right.
Councilman Johnson: With wood duck houses and stuff? We have a beautiful area 1
for wood ducks.
Mayor Hamilton: ...improving a ditch that goes through there so I suspect that
there's wildlife...
Councilman Johnson: We're not talking a real lot of depth of water. Just
enough water to promote the wildlife. During the storms we do go to 2 to 3 to 4
feet deep during a large storm. Whether it's totally dry or has 6 inches in it
to start with._ Is there a way we could say that the average depth shouldn't
exceed a foot of something or a design that we are going to hold water in? '
Gary Warren: I think it'd be more appropriate to just specify an outlet in the
rear that would control elevation. With the grading we cut what the maximum
depth would be. You have a 928 outlet, you put a rear a 930, it will be 2 foot
down on the east end and there will be 0 depth. That would be the way to do it.
Councilman Boyt: That's just the reverse. I would move approval of Subdivision '
Request #88-5 with the following conditions and changes. On number 1 I would
add Forest service and City Engineer. Also add the grading and fill be
minimized to save trees. That means that we simply have the ability to ask for
trees to be saved. Then I understand we struck 3. That 5 has the addition of
$1.00 per foot for removal.
Gary Warren: He's still dedicating the outlot.
Councilman Boyt: Right but it's no longer in this?
Gary Warren: It's still a condition of approval. It's just that he doesn't 1
have to give it to us prior to starting of the grading.
Councilman Johnson: Strike from prior back. '
Councilman Boyt: Then that addition I just made on 5, I'd like to add a point
14, no parking on Woodhill Road. I'd like to add a point 15 which is so much
common sense it defies logic but that a sump and drain tile will be required in
the homes in this development.
Mayor Hamilton: If that's a motion I'll second it. I
Ron Krueger: I had a question on the erosion control. In other words, we don't
do it. '
Gary Warren: The City has a standard development contract now which the City
public works force...erosion control in new developments because sometimes we
want to leave that in for a year or sometime after finishing the project when
the developer and everybody else has gone away.
Ron Krueger: So in other words, we can't remove it? '
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Chanhassen City Council - May 23, 1988
Gary Warren: In no case can you remove it unless you have the approval of the
' City.
Ron Krueger: That is an option...
' Gary Warren: The City will remove under the development contract. The City
will remove and you will be charged $1.00 per foot for removal.
' Mayor Hamilton: Is this an item that is negotiable so if he would agree to
remove it and he's finished with is grading and everything, that his crews take
it out?
' Gary Warren: It's kind of defeating the purpose of our generic contract. We're
trying to get consistency because it does get difficult to remember who we said
can remove it and who can't and that's why we said with this saying the City
will take care of it.
Mayor Hamilton: I'm not saying not to have it in there. I'm just saying, I
' don't see any reason why you and the developer can't negotiate that. If you're
satisfied with the way it is and he's still got his crew there, I don't see any
reason why he can't take it out.
Gary Warren: Contrary to the contract we're approving.
Mayor Hamilton: I guess it doesn't make any sense. I see no reason why staff
' doesn't have.. .
Gary Warren: Normally the erosion control is left in place for some time after
the improvements are done. Especially on an area such as this where we've got a
lot of steep grades.
Councilman Boyt: What I'd like to see happen there is that we collect the money
and if per chance if this worked out, we give it back to them. If it doesn't
the City has the righ to take them out. That way it becomes the developer's
responsibility and the City doesn't have to chase anybody down.
Mayor Hamilton: Just a comment on your 15 with the sumps and baskets.
...anybody I've seen or dealt with... The developer is not building the house
and I don't think that we, on developer's contract, one of his conditions, if
' he's not building the house, that we can tell him that the builder has to put
sumps and baskets in that house. He's not the builder. He's only the developer
of the property. He's not the builder.
' Councilman Boyt: We tell them sometimes where they can locate a house. We tell
the developer any number of things. About house positioning, tree removal.
Mayor Hamilton: That's fine but that doesn't have anything to do with the
actual construction. When it's something within the house and the construction.
I'm not disagreeing with you as far as doing it. Quality builders do it but I'm
' not sure thatwe can tell R & R that it has to be there when you have no control
over that.
' Roger Knutson: It should be put in the development contract.. . Maybe there's
no dispute on that point. Do you have any problem with that?
20
Chanhassen City Council - May 23, 1988
Ron Krueger: We have covenants.. . These lots are going to have to rest... I
don't know what deeds we've got. You may say the City says you have to do it
but...
Roger Knutson: As far as it having teeth, it's in the development contract that
is recorded against the lots. You don't have any problems.
RoxAnn Lund: Don't you have strength in the building application?
Mayor Hamilton: Not in the building permit application.
Councilman Johnson: In reviewing the building designs, if we find that the
ground water is so high we can't, I find that hard to believe.
i -
Councilman Boyt: This takes care of it. It's real simple.
Mayor Hamilton: But again I think perhaps rather than having it as one of the
conditions it should be in the development contract.
Councilman Boyt: Is the development contract okay with you?
Gary Warren: For the sump pumps? Fine.
Councilman Boyt: Co you want to make a note to make sure it's in there. So I
remove that from a part of my motion.
Councilman Boyt moved, Mayor Hamilton seconded to approve Subdivision Request
#88-5 based on the plan stamped "Received May 2, 1988" and the grading
and draina e plan stamped "Received May 19, 1988" subject
to the following
conditions:
1. There shall be no clearcutting of the lots at any time. '
y t .me. Grading, erosion
control and tree removal plans shall be submitted in conjunction with the
building permit application for Lots 1 through 5, Block 1. The applicant
shall file the proposed deed restrictions upon satisfactory review by City
staff, Forester and City Engineer. The grading and fill should be minimized
to save trees. '
2. The developer shall enter into a development contract with the City and
provide the City with the necessary financial sureties to guarantee
completion of these improvements.
3. The applicant shall dedicate Outlot A to the City of Chanhassen.
4. The applicant shall erect a snow fence immediately south of the proposed
grading area to prevent removal or destruction of trees outside the proposed
grading area.
5. All erosion control measures shall be in place prior to the commencement of
any grading, and once in place shall remain in place throughout the duration
of construction. The developer is required to review all erosion control
measures periodically and make the necessary repairs promptly. All erosion
21
2gChanhassen City Council - May 23, 1988
control measures shall remain intact until an established v etative co
has been produced, at which time removal shall be the responsibility of vthe
' developer at $1.00 per foot.
6. The developer shall obtain and comply with all conditions of the Watershed
' District.
7. Wood-fiber blankets or equivalent shall be used to stabilize all distrubed
slopes greater than 3:1.
' 8. The develper shall be responsible for daily on and off-site clean u p caused
by construction of this site.
t9. The plans shall be revised to show that the storm sewer pipe located at the
southwest corner of Outlot A shall be extended 10 feet beyond the existing
watermain along Yuma Drive.
10. The applicant shall provide the City with revised storm sewer calculations
which verify the adequate capacity of the storm sewer system prior to the
' final plat review process.
11. The applicant shall submit soil borings for each lot as part of the building
' permit process.
12. The developer shall negotiate with the City Engineer for curbing for Lots 3,
4 and 5.
13. The developer shall provide a ten foot roadway easement along Woodhill to
provie for future road improvements and utilities. g
14. There shall be no parking on Woodhill Road.
All voted in favor and the motion carried.
Councilman Boyt: I would like to suggest that the staff look at including
creeks, whatever you want to call those bodies of water in the Wetland
Ordinance.
Councilman Johnson: Drainage areas.
Councilman Boyt: I hate to get into the business of saying that unless somebody
put a drainageway in, it is not a wetland. On the other hand I think if we
don't have the ability to protect streams and creeks, we have a problem.
' Mayor Hamilton: But if it is a drainageway, that'
9 y, s happened to other places
down the road and above ground.. .but it's still the same type of thing as this
' it's just the other way around. If you open it up you can say it's a wetland
because there will be emergent vegetation on it.
' Councilman Boyt moved, Mayor Hamilton seconded to approve Wetland Alteration
Permit Request #88-6 based on the plans stamped "Received May 2, 1988 and May
19, 1988" subject to the following condition:
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Chanhassen City Council - May 23, 1988
II
1. Compliance with the conditions of plat approval for Subdivision #88-5. 11
All voted in favor and the motion carried.
BROOKSIDE MOTEL, JOSEPH NOTERMAN, 789 AND 790 FLYING CLOUD DRIVE:
A. ZONING ORDINANCE AMENDMENT TO AMEND SECTION 20-773, THE BF DISTRICT '
, ICT TO ALLOW
RECREATIONAL CAMPING FACILITIES AS A CONDITIONAL USE.
B. CONDITIONAL USE PERMIT FOR 4 RECREATIONAL CAMP/TRAILER SITES.
Mayor Hamilton: This is another ordinance amendment where we need to have four
council persons present. Consequently we'll have to table this for our next
regularly scheduled meeting which will be June 13th. I don't think there's
anything pressing on it.
Councilman Johnson: He wants to get it in for_ the Canterbur Y Downs season but
he's not here tonight.
Councilman Boyt: I can tell you that it's not going to get my vote.
Councilman Johnson: Nor mine. '
Mayor Hamilton: Nor mine.
Councilman Boyt: We can't pass it but we can defeat it.
Mayor Hamilton: Personally I prefer to allow the other councilmembers to make
comment on this. If he is curious about what our feeling is, he's got it. So '
this will be tabled until the 13th.
REQUEST TO RELOCATE TRAIL EASEMENT, HIDDEN VALLEY. '
Roger Knutson: Let me point out one thing. Before you take final action on
this, the signage in that area is to relocate a trail and vacate a trail... or
otherwise, you need a public hearing. This has not been advertised for a public
hearing this evening. Discuss it and whatever but you can't act on it.
Don Ashworth: There's no use discussing it then is there if you discuss it at
the time of public hearing as well?
Councilman Johnson moved, Mayor Hamilton seconded to tabke the request to
relocate the trail easement for Hidden Valley until staff has advertised it for
a- public hearing. All voted in favor and the motion carried. '
ZONING ORDINANCE AMENDMENT TO AMEND SECTION 20-1251 (A) OF THE ZONING ORDINANCE
TO PERMIT LARGER ON-PREMISE DIRECTIONAL SIGNS THAN THE REQUIRED FOUR SQUARE
FEET, FIRST READING, DATASERV.
Mayor Hamilton: This also needs four people present.
23
mm
I . 1
DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND RESERVATIONS
FOR
WOODCREST
This Declaration is made this day of , 1988, by the undersigned parties representing all the owners
in fee and all the encumbrancers of the land hereinafter described lying in Carver County, Minnesota,
WHEREAS, B 5. B LAND VENTURES, a Minnesota Partnership, is the fee owner of the real property legally described as Lots 1
' through 7, inclusive, Woodcrest, according to the recorded plat thereof.
WHEREAS, Suburban National Bank of Eden Prairie, and United States of America Corporation, is a holder of a mortgage on
the real estate hereinafter described.
WHEREAS, Vernon Kerber, individual, is the holder of a mortgage on the real estate hereinfafter described.
' WHEREAS, the undersigned parties desire to impose upon and subject said land to certain covenants, conditions,
restrictions and reservations for the benefit of said land and its present and future owners;
NOW, THEREFORE, the undersigned parties hereby declare, impose upon, and sake Lots 1,2,3,4,5,6,7, Woodcrest according to
' the duly recorded plat thereof on file and of record in the office of the Registrar of Titles in and Cur Carver County,
Minnesota, subject to the following covenants, conditions, restriction and reservations, which shall operate as restrictions
passing with the conveyance of every lot Included therein, and shall apply to and bind each and every successor in interest
to the party hereto, to-wit:
1. Residential Purposes. No lot shall be used except for residential purposes, excep, that Lots o: portions of lots
say used by home builders for temporary offices and model homes. Residential purposes include dwellings and attached
' garages, swimming pools, tennis courts and attendant structures.
2. Dwelling Specifications. No dwelling shall be erected, altered or placed on a lot cr permitted so remain there
' other than one detached single-family dwelling not to exceed two stories in height, as measured from grade. In the event the
dwelling includes a walk-out basement to the rear, the basement shall not be counted as a story. such dwelling say have an
attached garage for not sore than three cars . All structures constructed or placed on a lot shall be completely finished on
the exterior thereof within twelve months after commencement of construction.
3. Setbacks. Building setbacks from lot lines shall comply with city ordinances and/or ar.y other goveinmental agencies
No building or grading will be permitted except for terracing or erosion control within 140 feet of the back lot lines. No
on Lots 1-5 inclusive. No building or grading will be permitted except for terracing or erosion control within the drainage
and utility easement areas as indicated on the plat of °Moodcrest".
' 4. Nuisance. No noxious or offensive trade or activity shalt b- carried on or upon s,oy tut, nor shall .anything be done
thereon which may be or become an annoyance or nuisance to the neighborhood.
5. Prohibited Structures. No structure of a temporary charar..er, Lr.i lr.r, oasemeni , tent, shack, garage, barn, or uthe
outbuilding shall be used on any lot at any time as a residence either termporariiy or perianently.
6. Animals. No animals, livestock, or poultry of any kind shat oe raised, bred or kept on any lot, except that cogs,
' cats and other houshold pets say be kept, provided that they are not kept, bred, ur maintained Fur any commercial purposes.
No sore than two cats and/or dogs shall be kept by the owners of any lot aL any one time.
' 7. Rubbish. No lot shall be used or maintained as a dumping ground for rubbish, except during construction of
subdivision improvements and dwellings. Trash, garbage or other waste shalt not be kept except in san:tary containers. All
incinerators and other equipment for storage or disposal of such material shall be kept in a clean and sanitary condition and
' screened from view. -
,rte _
. 1
9. Sims. No sign of any kind shall be displayed to the public view on any lot except as follows:
a. During the intiial construction and sales period of the subdivision, one sign no larger than 3 feet by 4 feet in six
aay be placed on each lot advertising the lot for sale, except in the case of houses advertised as model homes, in which case
multiple signs and signs in excess of 3 feet by 4 feet are permitted.
b. After the initial construction and sales period, one sign of not more than one square foot in sine identifying the
profession of the occupant of the lot, and one sign of not more than 2.5 feet by 3 feet in sire, advertising the lot for sale
are permitted for each lot. t
JO. Soil and Trees. No sod, soil, sand or gravel shall be sold or removed from any lot, except for the purposes of
excavating for the sonstruction or alteration of a residence on the lot or appurtenances thereto, or for the propoer grading
thereof, or for road improvement.
No trees shall- be removed from any lot except as necessary for construction or environmental purposes unless they are of a
size smaller than 4 caliper inched measured at a level 4 feet above the ground except as recommended for removal by the City
Chanhassen or any other governmental agency.
12. Architectural Control Committee.
a. No dwelling, shed or other building, fence, mailbox, newspaper box, light post, entrance monument, pavement, or oche,
improvement (excluding landscaping) shall be erected or placed upon any lot without the prior written approval by the
Architectural Control Committee of the plans and specifications for the work.
b. The exterior color, style and materials of any improvement on a lot shall not be changed without the prior written
approval by the Committee of the person who will actually perform the proposed work and of the plans and specifications for L
work.
c. Until five years after the City of Chanhassen has issued a certificate of occupancy fur dweiliege on real estate
cescribed herein, the Committee shall consist of two individuals appointed by undersigned. Thereafter the Committee shall
consist of three individuals appointed by the homeowners in the plat of ''Woudcrest".
d. The Committee shall appoint one member of the Committee to be its chairman. A quorum of the Committee shall Lonsist
of two of its members. The Committee say act upon the vote or written consent of any Iwo of its members. The ehairtan of th�
C:,saittee is authorized to execute certificates of approval, noLic::s of disapproval and similar instruments effectuating
decisions of the Committee.
e. At least fourteen (14) days before work is commenced, the owner shall submit to the Committec one complete set of
plans and specifications (including, without limitation, full site plans, exterior colors and materials), along with the name
ul the builder who will actually perform the proposed work,
f. Within fourteen (14) days after receipt of plans and specifications and the name of the builder, the Committee shall
approve or disapprove them in writing. The Committee may disapprove a builder if the Committee determines, in its sole
discretion, that such builder does not meet the Committee's standards of credit worthiness and/ur does not build homes or
improvements, as the case may be, of the same quality and in the same price range as the undersigned. The Committee may
disapprove plans and specification only for one or more of the following reasons:
1. Non Compliance with this Declaration;
2. Failure of the exterior of a dwelling or other improvement to be of a style compatible with, or failure of a
dwelling or other improvement to be of the same general sire, quality of construction and price range as the
as the dwellilngs and improvements built or to be built by the undersigned in Nooderest.
3. Failure of a dwelling or other improvement to be placed and oriented on its lot in a manner compatible to the
dwellings and other improvements built or to be built upon adjoining lots and in a manner eospatible with teria�
of the lot;
4. Failure of the plans and specifications to show all information necessary to evaluate the foregoing
characteristics.
The Committee's determinations concerning the plans and specifications shall be conclisive, if the Committee disapprove
the builder or the plans and specifications, it shall state in writing the reason for such disapproval and, in the case of
plans and specifications, the deficiencies which must be cured to obtain approval.
MIN
. C
' g. if construction of or exterior changes to a dwelling or other inproveaent are continued without approval of the
builder and/or approval of the plans and specifications, or if construction of or exterior changes to a dwelling or other
inproveaent are completed not in accordance with approved plans and specifications, any owner of a lot described herein, say
bring an action to enjoin father constructino and to compel the owner to conform the dwelling or fence: with plans and
specifications approved by the Committee, provided that such action shall be commenced and a notice of lis pendens shall be
filed no later than ninety (90) days after the date on which the certficate of occupancy is issued by the appropriate municipal
authority, in the case of a dwelling, or the date of completion, in the ease of any other inproveaent.
' 13. Failure of The Architectural Control Cosaittee. In the event that the undersigned, the Committee and/or the senbers of
the Coaaittee shall fail to discharge their respective obligation under paragraph 12 of this Declaration, then any owner of a
lot described herein nay bring an action to coupe! the discharge of said obligations. Such an action shall be the exclusive
residy of any owner of a lot described herein for failure of the undersigned, the Committee and/or its ucabers to discharge
such obligations.
' 14. Duration, Renewal. These covenants, conditions, restrictions and reservations shall run with the land and shall be a
servitude thereon, and shall be binding upon all of the parties hereto, upon all persons claiming under them, and upon all
perchasers of all or any of the land described herein and their heirs, assigns, and successors in interest. These covenants,
' conditions, restrictions and reservations shall remain in full force and effect until 20 years from the date hereof, aL which
time they shall be autocratically extended for successive periods of 10 years each unless an instrument agreeing to change these
sovenants, conditions, restrictions and reservations in whole or in pare, and signed by the owners of the majority of the lots
,ouprising the land described herein has been recorded.
15. Severability. invalidation of any one or more of the provisions herein by judgsent or court order shall not affect any of
the other provisions, which shall remain in full force and effect until the date of expiration.
' 16. Mode of Enforcement. Each owner of a lot described herein shall have the right to enforce the provisions of this
instrument in his/her own name by proceedings in law to recover damage or in equity to restrain violation, against ay person
violating or attempting to violate any covenant or provision hereof; provided that the remedies in paragraphs 12 and 13 and not
the remedies of this paragraph 16 shall apply to violations of paragraph 12.
1
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