CAS-14_THE PRESERVE AT BLUFF CREEK 3RD ADDITIONNon -Scannable, Item
Item
Description
Folder Number
The Preserve at Ruff Creek 7N Addition
on tie F Ptah C
Folder Name
Job Number
Box Number OOSY
I
Title: 1lks&tj&
C S�—Z4\
J—�e
Date: q.1—ID/MD
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OEVELOPMENi
CONSULGNiS
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CAMPBELL KNUTSON
Professional Assorladon
Attorneys at Law
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000 FAX: (651) 452-5550
FILING OF DOCUMENTS
TO: /COUNTYRECORDER REGISTRAR OF TITLES
Please complete, date, and sign this form upon assigning document numbers for the
documents listed below and return completed form to SUE NELSON at the Chanhassen
City Attorney's office at the address shown above. A self-addressed envelope is provided
for your convenience.
CLIENT/MATTER: City of Chanhassen — The Preserve at Bluff Creek 3rd Addition
Developer: Degler Land Company, LLC -
Chanhassen Residential Partners, LLC
THE FOLLOWING DOCUMENT(S) Abstract Torrens
WERE FILED: Document No. Document No.
1) Plat
2) Development Contract
V11
Ji
f%
at ' 3alclock( 'P.M. on —off �'��� 12010, with the
County Recorder of Carver County, MN. /
SIGNED:
Thankyoul
153463
a�a;�acu
THE PRESERVE A IT BLUFF CREEK 3RD A DDI TION
KNOW ALL PERSONS BY THESE PRESENTS. • That Degler Land Company, LLC, a limited liability company, owner of the following described
property situated in the County of Carver, State of Minnesota, to wit:
Outlot B, THE PRESERVE AT BLUFF CREE 2ND ADDITION, according to the recorded plat thereof, Carver County, Minnesota.
Has caused the some
to be surveyed
and platted as THE PRESERVE AT BLUFF CREEK 3RD ADD17ION and
does hereby donate and
dedicate to the public
for public use
forever the public ways and also dedicates the easements as shown
on this plat for drainage and
utility purposes only.
In witness whereof said Degler Land Company, LLC, a limited liability company, has caused these presents to be signed by its proper
officers this day of 20
DEGLER LAND COMPANY, LLC
M
Its
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20 by
its of Degler Land Company, LLC, a limited liability company, on behalf of the Company.
(Signature)
Notary Public,
My Commission Expires
County, Minnesota
(Name Printed)
l hereby certify that / surveyed and platted or directly supervised the surveying and platting of the /and described on this plat; this plat
is a correct representation of the bounda.y survey,- all mathematical data and labels are correctly designated; all monuments depicted on
the plat have been or will be correctly sei within one year,- all water boundaries and wet lands as of this date are shown and labeled,-
and
abeled;and a// public ways are shown and labeled.
10
Craig W. Morse, Land Surveyor
Minnesota License No. 23021
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing Surveyor's Certificate was acknowledged before me this
Morse, Land Surveyor, Minnesota License No. 23021.
(Signature)
Notary Public, County, Minnesota
My Commission Expires
day of
(Name Printed)
20 by Craig W.
CITY PLANNING COMMISSION
Reviewed by the Planning Commission of the City of Chanhassen, Minnesota, at a regular meeting thereof, on the
. 20
Ch air
Secretary
day of
CHANHASSEN, MINNESOTA
This plat of 774E PRESERVE AT BLUFF CREEK 3R0 ADD1710N was approved and accepted by the City Council of the City of Chanhassen,
Minnesota, at a regular meeting held this day of . 20 and is in compliance with the provisions of
Minnesota Statutes, Section 505.03, Subd. 2. All monuments will be set os specified by the City Council and as stated on this plat,
according to Minnesota Statute, 505.02, Subd. 1.
Mayor
Clerk
CARVER COUNTY BOARD OF COMMISSIONERS
This plat of THE PRESERVE AT BLUFF CREEK 3RD ADDITION was approved and accepted by the Board of Commissioners of Carver County,
Minnesota, at a regular meeting held this day of 20. and is in compliance with the provisions of
Minnesota Statutes Chapter 505.03, Subd. 2. All monuments will be set as specified by the County Board and as stated on this plot,
according to Minnesota Statute, 505.02, Subd. 1.
Attest
Choir, County Board
COUNTY SURVEYOR, Carver County, Minnesota
Pursuant to Chapter 395, Minnesota Laws of 1971, this plat has been approved this day of
20
John E. Freemyer, County Surveyor
COUNTY AUDITOR-7REASURER, Carver County, Minnesota
I hereby certify that taxes payable in 20 and prior years have been paid for land described on this plot. Dated this
day of 1 20
Laurie Engelen, County AuditorlTreasurer
COUNTY RECORDER, Carver County, Minnesota
I hereby certify that this plat of THE PRESERVE AT BLUFF CREEK 3RD ADD17101V was filed this
20 at o'clock M., as Document No.
Carl W. Hanson Jr., Carver County Recorder
day of
CITY OF CHANHASSEN
RECEIVED
JUN 11 2010
CHANHASSEN PLAWNING DEPT
Westwood
Professional Services, Inc.
Sheet 1 of 2 sheets
THE PRESERVE A T BLUFF CREEK 3RD A DDI TION
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oke e ___=�N 61 otherwise indicated, and adjoining street right-of-way
7 All �5,� - - 14' lines, outlot lines and rear lot lines as shown on the
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No. I o Scale in feet
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gs 201.14
NO3°01'21 "W 308.53
F
Westwood
Professional Services, Inc.
Sheet 2 of 2 sheets
Ir
May 12, 2006
Dan Cook
Alyson/Terry/Jfll/Jerry/Todd H — The Preserve at Bluff Creek 3rd
Addition has been submitted for final plat approval at the July 12,
2010 City Council meeting. Please review these original conditions
to determine which ones still apply, have been met, not applicable in
this phase, or must be modified. Additionally, please provide any
new conditions based on review of the attached plans for this phase.
Please return your comments to Kate no later than Wednesday, June
30, 2010
The Pemtom Land Company
7697 Anagram Drive
Eden Prairie, MN 55345
Re: The Preserve — Planning Case 06-14
Dear Mr. Cook:
On Monday, May 8, 2006 the Chanhassen City Council approved the rezoning of
the land within the plat for "The Preserve" from Agricultural Estate District, A2, to
Planned Unit Development -Residential, PUD -R; approval of a conditional use
permit to permit development within the Bluff Creek Overlay District and alterations
within the flood plain; and approval of the preliminary plat for "The Preserve"
creating 155 lots, 15 outlots and right-of-way for public streets, plans prepared by
Westwood Professional Services, Inc., dated March 17, 2006, subject to the
following conditions:
1. The drainage and utility easement over the northern portion of Lift Station #24
must be vacated and filed upon final approval of the final plat.
2. The "Existing Conditions" plan must be revised to show the drainage and
utility easement that was granted to the City and contain trunk sanitary sewer
and watermain.
3. Prior to City Council consideration of the final plat, the applicant must
provide documentation indicating that the proposed right-of-way for Lyman
Boulevard meets Carver County's requirement.
4. The grading plan must identify the existing and proposed 100 -year floodplain.
5. Due to the anticipated timing of the final plat with respect to the timing of
formal approvals from FEMA, the proposed lots that are within the current
floodplain may be preliminary platted subject to FEMA approval of the
LOMB.
6. Any grading within the floodplain will require a Conditional Use Permit.
7. Catch basins on each side of all public streets must be no more than 300 feet
apart.
8. The proposed outlet for Wetland A must lie along the edge of the wetland.
I*
Mr. Dan Cook
May 12, 2006
Page 2 of 6
9. The storm sewer from Pond 1 must outlet to the wetland north of Pond 2 in order to maintain
hydrology to the wetland.
10. Storm sewer within Street J must be rerouted through the side yards within Block 3 and
outlet to Pond 2.
11. Hydraulic calculations must be submitted with the final plat submittals.
12. The legend on the final grading plan must identify the lowest floor elevation.
13. All buildings must be demolished before the second phase.
14. The final grading plan must show the top and bottom of wall elevations.
15. Any retaining wall four feet high or taller requires a building permit and must be designed by
an Engineer registered in the State of Minnesota.
16. The developer must work with staff to find the preferred sanitary sewer alignment west of
Block 3 prior to City Council consideration of the final plat.
17. The plan must be revised to show an 18 -inch diameter watermain on the south side of Lyman
Boulevard to the east property line.
18. The developer's engineer must submit a separate cost estimate for the watermain oversizing
along Lyman Boulevard with the final plat submittals.
19. To the maximum extent practicable, the trail along the east side of Bluff Creek must be
within close proximity of the manholes for the existing trunk sanitary sewer.
20. The lowest floor elevation of each unit must be shown on the utility plan.
21. The existing well and septic system must be properly removed and abandoned during site
grading and utility installation.
22. The developer must pay $15,776 in cash with the final plat for the pro -rated cost for the
preparation of the 2005 MUSA AUAR.
23. The outstanding assessments — $310,999.03 for 2005 MUSA roads and water, and
$162,976.08 for Highway IOI/Lyman Boulevard/Highway 312/Highway 212 must be paid
with the final plat or reassessed to the lots and outlots for future development.
24. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are
collected with the building permit and are based on the rates in effect at the time of building
permit application. The party applying for the building permit is responsible for payment of
these fees.
Mr. Dan Cook
May 12, 2006
Page 3 of 6
25. The City will construct Bluff Creek Boulevard Improvements to serve the development in
conjunction with public improvement project No. 06-05. The property within the plat will be
specially assessed for this project.
26. The development is subject to the arterial collector fee, which must be paid in cash with the
final plat.
27. Streets F and K must extend past Lot 6, Block 13 and Lot 1, Block 17, respectively to
provide adequate space for a vehicle to back out of the driveway and turn into the street.
28. Curbs on public streets will be high -back; curbs on private streets will be surmountable.
29. The sidewalk along the north side of Street H between Street A and Street I, and along the
north side of Street E must be eliminated.
30. Sidewalks adjacent to private streets and within privately owned outlots can be used by the
public.
31. The applicant will work with staff to discuss eliminating Lots I and 2, Block 11, and Lots 1
through 5, Block 1.
32. The applicant shall revise the plan design to ensure adequate hydrology for Wetland 4 in the
post -development condition.
33. If the applicant wishes to pursue an exemption for impact to Wetland A, the applicant shall
furnish information to substantiate the exemption request. The applicant is advised that, even
if impacts would be exempt from WCA, they may not be exempt from the requirements of
the Army Corps of Engineers.
34. A wetland buffer with a minimum width of 16.5 feet shall be maintained around all wetlands
and wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in
accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge
signs, under the direction of City staff, before construction begins and shall pay the City $20 per
sign. All structures shall maintain a setback of at least 40 feet from the wetland buffer edge.
35. All structures shall maintain a 50 -foot setback from the ordinary high water level of Bluff
Creek. All structures shall maintain a minimum 40 -foot setback from the primary corridor.
No alterations shall occur within the primary corridor or within the first 20 feet of the setback
from the primary corridor. The 50 -foot setback, primary corridor boundary, 40 -foot structure
setback and 20 -foot grading setback shall be shown on the plans.
36. The applicant shall provide details for the proposed trail crossing of Bluff Creek. Minnesota
Department of Natural Resources (DNR) permits shall be obtained for all creek crossings. In
addition, the trail alignment shall be revised to cross Bluff Creek in the same location as the
sanitary sewer crossing. Immediately south of the creek crossing, the trail intersection shall
be redesigned to avoid impact to the trees.
Mr. Dan Cook
May 12, 2006
Page 4 of 6
37. The plans shall be revised to provide a lower EOF for Wetland A and a path to the west for
excess water that will not threaten proposed structures.
38. The EOF path for Pond 1 shall be revised to provide a more direct EOF route from Pond 1 to
Wetland 4.
39. The proposed sanitary sewer and storm sewer outlet in the vicinity of Pond 2 shall be revised
to ensure: 1. The runoff from the outlet will not compromise the integrity of the sanitary
sewer; and 2. The sanitary sewer is not located below the normal water level (NWL) of Pond
2.
40. The outfall from Pond 3 shall not outlet upslope of the proposed trail.
41. The applicant shall clarify the avoidance of the drainage way to be preserved during the
construction of Pond 4 and, if possible, redesign the pond to provide additional storage and
treatment in lieu of avoiding the drainage way.
42. Pond 5 shall be constructed prior to the construction of all the areas that drain to it.
43. Drainage and utility easements (minimum 20 feet in width) shall be provided over all
existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds.
44. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the following table of slopes and time frames:
Type of Slone
Time (Maximum time an area can
Steeper than 3:1
7 days remain open when the area
10:1 to 3:1
14 days is not actively being worked.)
Flatter than 10:1
21 days
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.
45. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as -needed.
46. The applicant shall be proactive in addressing potential run-on problems in the vicinity of the
extreme southeast comer of the property. This would potentially involve vertically tracking
equipment up and down the graded faces of the slope to increase roughness and prevent rilling.
Similar practices shall be used behind the homes along the central part of Outlot A.
47. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $242,760.
Mr. Dan Cook
May 12, 2006
Page 5 of 6
48. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES
Phase 11 Construction Site Permit), Minnesota Department of Natural Resources (for
dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota
Department of Health) and comply with their conditions of approval.
49. The applicant shall demonstrate that the outlet pipe installation and elevation will not impact
the wetland.
50. If recommended by the Park and Recreation Commission, park fees shall be paid as per City
ordinance at the rate of final platting.
51. Tree protection fencing shall be installed prior to construction around all areas designated for
preservation and/or at the edge of proposed grading limits.
52. A walk-through inspection of the silt/tree preservation fence shall be required prior to
construction.
53. No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off.
54. A turf plan shall be submitted to the City indicating the location of sod and seeding areas.
55. Buffer plantings shall be installed along the east property line in the rear yards of Lots 7
through 16, Block 3 and Lots 1 through 5, Block 10.
56. Applicant shall remove Emerald Queen Norway maple from the planting schedule. The
applicant shall substitute another species with approval from the City.
57. A conservation easement shall be recorded over Outlot A.
58. The developer shall work with staff to develop and install appropriate markers at lot lines to
demarcate the primary zone.
59. The applicant shall submit a plan for the revegetation of any areas of grading within Outlot
A. The plan shall incorporate native plants and be consistent with the City's Bluff Creek
Natural Resources Management Plan Appendix C. Special attention should be paid to areas
with steep slopes (greater than 3:1). Staff recommends that the Hill Prairie planting list be
used for the restoration.
60. The applicant shall provide all design, engineering, construction and testing services required
of the `Bluff Creek Trail." All construction documents shall be delivered to the Park and
Recreation Director and City Engineer for approval prior to the initiation of each phase of
construction. The trail shall be 10 feet in width, surfaced with bituminous material and
constructed to meet all city specifications. The applicant shall be reimbursed for the actual
cost of construction materials for the Bluff Creek Trail. This reimbursement payment shall be
Mr. Dan Cook
May 12, 2006
Page 6 of 6
made upon completion and acceptance of the trail and receipt of an invoice documenting the
actual costs for the construction materials utilized in its construction.
61.Outlots A, B, L and N be conveyed to the city as public property by warranty deed.
62. The following items are to be addressed at final plat:
• Attention to garage door facades including n percent of doors with windows
• Color palate (4 minimum)
• Private streets and sidewalks,
• Percentage of future boilable area,
• Setbacks on comer lots
• Turnarounds at the end of private streets.
Attached are the requirements for final plat. Please feel free to call me at 952-227-1139 if you
have any questions.
Sincerely,
Kathryn R. Aanenson, AICP
Community Development Director
Enc.
c: Gayle & Lois Degler
g1plan\2006 planning cases\06-14 the preserv0premliminary approval Itr.doc
May 12, 2006
Dan Cook
The Pemtom Land Company
7697 Anagram Drive
Eden Prairie, MN 55345
Re: The Preserve — Planning Case 06-14
Dear Mr. Cook:
On Monday, May 8, 2006 the Chanhassen City Council approved the rezoning of
the land within the plat for "The Preserve" from Agricultural Estate District, A2, to
Planned Unit Development -Residential, PUD -R; approval of a conditional use
permit to permit development within the Bluff Creek Overlay District and alterations
within the flood plain; and approval of the preliminary plat for "The Preserve"
creating 155 lots, 15 outlots and right-of-way for public sheets, plans prepared by
Westwood Professional Services, Inc., dated March 17, 2006, subject to the
following conditions:
1. The drainage and utility easement over the northern portion of Lift Station #24
must be vacated and filed upon final approval of the final plat.
2. The "Existing Conditions" plan must be revised to show the drainage and
utility easement that was granted to the City and contain trunk sanitary sewer
and watermain.
3. Prior to City Council consideration of the final plat, the applicant must
provide documentation indicating that the proposed right-of-way for Lyman
Boulevard meets Carver County's requirement.
4. The grading plan must identify the existing and proposed 100 -year floodplain.
5. Due to the anticipated timing of the final plat with respect to the timing of
formal approvals from FEMA, the proposed lots that are within the current
floodplain may be preliminary platted subject to FEMA approval of the
LOMR.
6. Any grading within the floodplain will require a Conditional Use Permit.
7. Catch basins on each side of all public streets must be no more than 300 feet
apart -
9. ori... -._..__sed owle! e___ vredana A myst :e along the ede fthp .wetinaa'. ra111merR tell: S�tisSd
r r o age _ _ -
Mr. Dan Cook
May 12, 2006
Page 2 of 6
O Fri. stoizaiseweFffninPanffliffitffilfl@t_tet. _en.._d ;1:.3..-d..-40 M.,:_...:_
Comment m27: S—fid
- I Comtnmtt M31: Sm fwd
Comment IMI: Setisad
12. The legend on the final grading plan must identify the lowest floor elevation.
13. All buildings must be demolished before the second phase.
14. The final grading plan must show the top and bottom of wall elevations.
15. Any retaining wall four feet high or taller requires a building permit and must be designed by
an Engineer registered in the State of Minnesota.
16. The developer must work with staff to find the preferred sanitary sewer alignment west of
Block 3 prior to City Council consideration of the final plat.
17. The plan must be revised to show an 18 -inch diameter watermain on the south side of Lyman
Boulevard to the east property line.
18. The developer's engineer must submit a separate cost estimate for the watermain oversizing
along Lyman Boulevard with the final plat submittals.
19. To the maximum extent practicable, the trail along the east side of Bluff Creek must be
within close proximity of the manholes for the existing trunk sanitary sewer.
20. The lowest floor elevation of each unit must be shown on the utility plan.
21. The existing well and septic system must be properly removed and abandoned during site
grading and utility installation.
22. The developer must pay $15,776 in cash with the final plat for the pro -rated cost for the
preparation of the 2005 MUSA AUAR.
23. The outstanding assessments – $310,999.03 for 2005 MUSA roads and water, and
$162,976.08 for Highway 10l/Lyman Boulevard/Highway 312/Highway 212 must be paid
with the final plat or reassessed to the lots and outlots for future development.
24. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are
collected with the building permit and are based on the rates in effect at the time of building
permit application. The party applying for the building permit is responsible for payment of
these fees.
Mr. Dan Cook
May 12, 2006
Page 3 of 6
25. The City will construct Bluff Creek Boulevard Improvements to serve the development in
conjunction with public improvement project No. 06-05. The property within the plat will be
specially assessed for this project.
26. The development is subject to the arterial collector fee, which must be paid in cash with the
final plat.
27. Streets F and K must extend past Lot 6, Block 13 and Lot 1, Block 17, respectively to
provide adequate space for a vehicle to back out of the driveway and tum into the street.
28. Curbs on public streets will be high -back; curbs on private streets will be surmountable.
29. The sidewalk along the north side of Street H between Street A and Street 1, and along the
north side of Street E must be eliminated.
30. Sidewalks adjacent to private streets and within privately owned outlots can be used by the
public.
31. The applicant will work with staff to discuss eliminating Lots I and 2, Block 11, and Lots 1
through 5, Block 1.
_r r
lieant shall Fevise the plan design to ensure adequate hydfelegy fai: Weiland 4 in the
34. A wetland buffer with a minimum width of 16.5 feet shall be maintained around all wetlands
and wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in
accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge
signs, under the direction of City staff, before construction begins and shall pay the City $20 per
sign. All structures shall maintain a setback of at least 40 feet from the wetland buffer edge!.
_ epmment [TIM: Satisfied
- Camt FM]: No exemptiom maybe gamed
aswelendimpacts love already. mred. part of
the common develop plan.
Commemt [7371: Revised, see eemment 1 of M
mem md. to KA
35. All structures shall maintain a 50 -foot setback from the erd:....—.1.:_,..••ateF levet top of bank
of Bluff Creek. All structures shall maintain a minimum 40 -foot setback from the primary
corridor. No alterations shall occur within the primary corridor or within the first 20 feet of
the setback from the primary corridor. The 50 -foot setback, primary corridor boundary, 40 -
foot structure setback and 20 -foot grading setback shall be shown on the plans. _ . , - - tommeM [ns]: Rrted,.ae wmasmz error
memo to KA
Mr. Dan Cook
May 12, 2006
Page 4 of 6
37. *he plans shall be revised to PFON'ide a 18WO; FOF f�F IWAMBfid A Afid a path to the west f4
_.1._. will _..t tl._...ae PFO_ Sed St_. - t Comment m101: Sdiafied
as 4e EOF path e _ Pend 1 >, n b fevis_d . id a' cmc FMe e m n__a 1 .
Weiland 4, 4 Comment mut• Smidd
39. The proposed sanitary sewer and storm sewer outlet in the vicinity of Pond 2 shall be revised
to ensure: 1. The runoff from the outlet will not compromise the integrity of the sanitary
sewer; and 2. The sanitary sewer is not located below the normal water level (NWL) of Pond
2.
nn The ,,..tell f:..m n.._.1 a _hall _.a ...uile..._..1.._.. of the __.._......a tmilI - I Comma* [70221: Soisried
41. The ap_liea_t . heR eloFi f the ..yaid..__.. of the A_..:_........... to be _.a..u_ ed A..ri__ the
----------------- comment rim selicf d
42. Pond 5 shall be constructed prior to the construction of all the areas that drain to it.
43. Drainage and utility easements (minimum 20 feet in width) shall be provided over all
existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds{._- ,
44. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the current NPDES permit schedule.
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, _ - -
Comment m141: Remmms. n. See Comm®l
14 TRJ mem. m xA
Gammen[ MLS]: Revised. see comment J TRr
olemo[o KA
45. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as -needed. ---------------- Gammen[ m161: Remmim
_rr..__...shall __r.___..._...___._.._.oapotential ._.. _._r_____.___.._the vieiflity _____
b
Simil..__met:__..shall b.. used behind the hafnesalo_g the eent...l pan ofOutlet N A _ GOm11IleR min: Na LRIliC0111e to tl115
47. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, ise''4a,76^x30,665.60--- -_ Gommentm161:Rr a.smc.t9TIU
- - - - meniolo KA
Mr. Dan Cook
May 12, 2006
Page 5 of 6
48. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES
Phase 11 Construction Site Permit), Minnesota Department of Natural Resources (for
dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota
Department of Health) and comply with their conditions of approval___ ____ - - - - - . - - comment [T3191: Remdns. see rom t 10 m
TRJm®ob KA
pplieeat shall demenstfate that the etAlet pipe iftstail"ea and eleN-aiiea will nel impaef
the wetland. . , enmmeet [732a1: S --&d
50. If recommended by the Park and Recreation Commission, park fees shall be paid as per City
ordinance at the rate of final platting.
51. Tree protection fencing shall be installed prior to construction around all areas designated for
preservation and/or at the edge of proposed grading limits.
52. A walk-through inspection of the silt/tree preservation fence shall be required prior to
construction.
53. No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off.
54. A turf plan shall be submitted to the City indicating the location of sod and seeding areas._
55. Buffer plantings shall be installed along the east property line in the rear yards of Lots 7
through 16, Block 3 and Lots I through 5, Block 10.1
56. Applicant shall remove Emerald Queen Norway maple from the planting schedule. The
applicant shall substitute another species with approval from the City.
57. A conservation easement shall be recorded over Outlot A.
58. The developer shall work with staff to develop and install appropriate markers at lot lines to
demarcate the primary zone.
59. The applicant shall submit a plan for the revegetation of any areas of grading within Outlot
A. The plan shall incorporate native plants and be consistent with the City's Bluff Creek
Natural Resources Management Plan Appendix C. Special attention should be paid to areas
with steep slopes (greater than 3:1). Staff recommends that the Hill Prairie planting list be
used for the restoration. -
60. The applicant shall provide all design, engineering, construction and testing services required
of the "Bluff Creek Trail." All construction documents shall be delivered to the Park and
Recreation Director and City Engineer for approval prior to the initiation of each phase of
construction. The trail shall be 10 feet in width, surfaced with bituminous material and
constructed to meet all city specifications. The applicant shall be reimbursed for the actual
cost of construction materials for the Bluff Creek Trail. This reimbursement payment shall be
eommaR mut: Remumc. See comment 1I
TR) memo m KA
comment m221: Na cpplicebk m ads
Cam:nent m231: Revised. See cunnnee: 13
TRJ.Wu . uhl]Swiairnsftsud.:oe
ba eamoens m lieu of rttJ comment.
Mr. Dan Cook
May 12, 2006
Page 6 of 6
made upon completion and acceptance of the trail and receipt of an invoice documenting the
actual costs for the construction materials utilized in its construction.
61. Outlots A, B, L and N be conveyed to the city as public property by warranty deed.
62. The following items are to be addressed at final plat:
• Attention to garage door facades including n percent of doors with windows
• Color palate ( 4 minimum)
• Private streets and sidewalks,
• Percentage of future boilable area,
• Setbacks on comer lots
• Turnarounds at the end of private streets.
Attached are the requirements for final plat. Please feel free to call me at 952-227-1139 if you
have any questions.
Sincerely,
Kathryn R Aanenson, AICP
Community Development Director
Enc.
c: Gayle & Lois Degler
&` gVmyplannmg12010\0614peserve3rd\pr�timin..yappmvalhr_ wm u063010.dm
CITY OF CHANHASSEN
P O BOX 147
CHANHASSEN MN 55317
06/11/2010 1:53 PM
Receipt No. 0130206
CLERK: katie
PAYEE: CHAN RESIDENTIAL DEVELOPMENT
06-14 Preserve at Bluff Creek 3rd Addition
-------------------------------------------------------
Use & Variance 250.00
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TRANSMITTAL
Date: June 11, 2010
Westwood Professional Services
7699 Anagram Drive
Eden Prairie, MN 55344
Main 952-937-5150
FAX 952-937-5822
TOLL FREE 188-937-5150
EMAIL wps0westwpodps.com
XM%nio slwondps.Eom
Re: Preserve @ Bluff Creek 3rd Addition: Submission for Final Plat Review
File 20101049
To: Kathryn Aanenson
City of Chanhassen
7700 Market Boulevard PO Box 147
Chanhassen, MN 55317
From: Francis D. Hagen, II
Items: No Description
1 Completed Development Review Application
I Application Fee of $250.00
full size sets and 1- 8-1/2"xl I" reduced set of the Final Plat for the
5 3rd Addition & Final Grading Plan & Final Utility & Street Pians
for the 3rd -6th Additions
1 set of the Lot -by -Lot area tabulations
1 set storm sewer drainage calculations and area maps C
Purpose: For your approval F� t C o)A (),k Wk. �' ` W 1711 ` P
W14t a 9-JA'.r, 6,� F.
Remarks: We respectfully request that this project be placed on the agenda of the July
12th, 2010 meeting of the City Council for review and approval of the Final
Plat for the Preserve @ Bluff Creek 3rd Addition. Please call and let us know
if there is anything else you may need.
CITY OF CHANHASSEN
RECEIVED
JUN 11 Zolo
CHANHASSEN PLAMWNG DEFT
Delivery: Hand Deliver
cc: File; Todd Baumgartner, Chanhassen Residential Development Partners, LLC
E 5 T A 6 LiS F i. o_ `i ,.- i N UTES3NIElRD ST. QDUD BRNINERD
SCANNED
CITY OF
CHANHA35EN
7700 Market Boulevard
PO Boz 147
Chanhassen, MN 55317
Adininishatim
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.11 BO
Far 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & ]Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone 952.227.1130
Fax: 952.227.1110
Pn61ic Works
1591 Park Road
Phone: 952.227.1300
Fat 952.227.1310
sentorcenkir
Phone: 952.227.1125
Fax: 952.227.1110
web site
wwwb.chanhassen.mn. us
ot,-4
July 13, 2010
Mr. Todd Baumgartner
Chanhassen Residential Development Partners, LLC
7300 Metro Boulevard, Suite 300
Edina, MN 55439
Re: The Preserve at Bluff Creek 3rd Addition Final Plat
Planning Case #06-14
Dear Mr. Baumgartner:
This letter is to confirm that on July 12, 2010, the Chanhassen City Council
approved the Final Plat for The Preserve at Bluff Creek 3xd Addition subject to the
following conditions:
Planning Department Conditions of Approval
1. All homes shall comply with the design standards of the PUD.
City Engineer Conditions of Approval
1. Due to the anticipated timing of the final plat with respect to the timing of
formal approvals from FEMA, the proposed lots that are within the current
flood plain may be preliminary platted subject to FEMA approval of the
LOMB.
2. Any retaining wall four feet high or taller requires a building permit and must
be designed by an Engineer registered'in the State of Minnesota.
3. The developer must pay $15,200 for the partial payment of the SAC fees and
$40,500 for the partial payment of the WAC fees with the final plat. The
remainder of these fees will be collected with the building permit and are
based on the rates in effect at the time of building permit application. Based
on the 2010 fees, this amounts to $1,418.00/unit for the SAC fee and
$3,775.00/unit for the WAC fee. The party applying for the building permit is
responsible for payment of these fees.
4. The arterial collector fee for this phase is $10,416.00 and must be paid in cash
with the final plat.
5. Sidewalks adjacent to private streets and within privately owned outlots can
be used by the public.
6. The plat must be revised to reflect that private streets will lie within outlots,
not public right-of-way.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
11CANNBD
Mr. Todd Baumgartner
The Preserve at Bluff Creek 3'd Addition
July 13, 2010
Page 2 of 4
The developer should consider the location of the garages and driveway configurations on
Lots 1, 2 and 3, Block 1 when coordinating the street light installation at the corner of Mills
Drive and Degler Circle.
8. A temporary hammerhead turnaround must be installed at the terminus of Degler Circle
within the Third Addition. This turnaround shall be removed when the adjacent area is final
platted and Degler Circle is extended.
9. All dead-end streets must be barricaded according to the Minnesota Uniform Traffic Control
Device Manual.
Water Resources Coordinator Conditions of Approval
Lots 1 through 4, Block 1 are all proximal to Wetland 5 and the adjacent wetland mitigation
area. As documented in Wetland Alteration Permit 06-20, the mitigation area also included
buffer as Public Value Credit. Per MN Wetland Conservation Act rules, the buffer must be
25 feet in urban areas. Buffer monuments must be placed before site grading begins. The
signs are available from the City for $20.00 each.
2. All structures shall maintain a 50 -foot setback from the ordinary high water level of Bluff
Creek. All structures shall maintain a minimum 40 -foot setback from the primary corridor.
No alterations shall occur within the primary corridor or within the fust 20 feet of the setback
from the primary corridor. The 50 -foot setback, primary corridor boundary, 40 -foot structure
setback and 20 -foot grading setback shall be shown on the plans.
3. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. These
areas include constructed storm water management pond slopes above the NWL, 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 manmade systems that discharge to a surface water. All exposed soil areas shall have
temporary erosion protection or permanent cover year round, according to the current
NPDES Permit for Small Construction Sites.
4. Areas of channelized or otherwise concentrated flows directed off site must be stabilized
over the last 200 lineal feet. In particular, the swales between what are currently identified as
Lots 1 and 2, Block 1 and Lots 3 and 4, Block I must be stabilized.
5. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed.
6. City Plate Number 5300 has been updated and the Grading Details sheet should be changed
to reflect that.
7. Inlet protection shall be provided for any existing catch basins down gradient of disturbed
areas at risk of receiving sediment or sediment -laden waters. Further, any catch basins that
are at risk of receiving sediment due to construction traffic shall also have inlet protection
r -' provided.
Mr. Todd Baumgartner
The Preserve at Bluff Creek 3m Addition
July 13, 2010
Page 3 of 4
8. Any proposed catch basins shall have inlet protection provided as soon as they are connected
until final stabilization is achieved.
9. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $30,665.60.
10. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES
Phase II Construction Site Permit), Minnesota Department of Natural Resources (for
dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota
Department of Health) and comply with their conditions of approval.
11. A turf establishment plan shall be submitted to the City indicating the location of sod and
seeding areas.
12. The developer shall work with staff to develop and install appropriate markers at lot lines to
demarcate the primary zone.
13. The applicant shall submit a plan for the revegetation of any areas of grading within Outlot
A. The plan shall incorporate native plants and be consistent with the City's Bluff Creek
Natural Resources Management Plan Appendix C. Special attention should be paid to areas
with steep slopes (greater than 3:1).
14. Drainage and utility easements (minimum 20 feet in width) shall be provided over all
existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds.
Environmental Resources Coordinator Conditions of Approval
1. No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off.
2. Buffer plantings shall be installed along the east property line in the rear yards of Lots 1 and
2, Block 6.
3. Applicant shall remove all Ash trees from the planting schedule. The applicant shall
substitute another species with approval from the City.
Parks and Recreation Department Conditions of Approval
1. Park and Trail fees in the amount of $145,000.00 shall be shall be paid as per city ordinance
prior to recording the plat.
Mr. Todd Baumgartner
The Preserve at Bluff Creek Yd Addition
July 13, 2010
Page 4 of 4
Two signed mylar copies of the final plat shall be submitted to our office for signatures along
with the signed development contract, and all required financial securities and fees. Two
1 "=200' scale mylar reductions of the final plat and one 1 "=200' scale mylar reductions of the
final plat with just street names and lot and block numbers shall be submitted. In addition, a
digital copy in .dxf format and a digital copy in .tif format (pdf compatible) of the final plat shall
be submitted.
The City will submit all the necessary documents to Carver County for recording of the
subdivision. If you have any questions or need additional information, please contact me at
(952) 227-1139.
Sincerely,
Kate Aanenson, AICP
Community Development Director
Enclosure
ec: Todd Gerhardt, City Manager
Paul Oehme, City Engineer/Public Works Director
Alyson Fauske, Assistant City Engineer
Jerry Mohn, Building Official
cc: Gayle & Lois Degler
g.NplanUO06 planning cases\06-14 the presme0;nal plat documents -3rd additicnlappmval letter.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
THE PRESERVE AT BLUFF CREEK 3" ADDITION
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
TABLE OF CONTENTS
SPECIAL PROVISIONS
PAGE
1. REQUEST FOR PLAT APPROVAL............................................................................SP-1
2. CONDITIONS OF PLAT APPROVAL........................................................................SP-1
3. DEVELOPMENT PLANS............................................................................................SP-1
4. IMPROVEMENTS........................................................................................................SP-1
5. TIME OF PERFORMANCE.........................................................................................SP-2
6. SECURITY....................................................................................................................SP-2
7. NOTICE.........................................................................................................................SP-3
8. OTHER SPECIAL CONDITIONS................................................................................SP-3
9. GENERAL CONDITIONS............................................................................................SP-6
GENERAL CONDITIONS
1.
RIGHT TO PROCEED.................................................................................................GC-1
2.
PHASED DEVELOPMENT.........................................................................................GC-1
3.
PRELIMINARY PLAT STATUS................................................................................GC-1
4.
CHANGES IN OFFICIAL CONTROLS......................................................................GC-1
5.
IMPROVEMENTS.......................................................................................................GC-1
6.
IRON MONUMENTS..................................................................................................GC-2
7.
LICENSE......................................................................................................................GC-2
8.
SITE EROSION AND SEDIMENT CONTROL.........................................................GC-2
8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING
OR OTHER BUILDING...................................................................................GC-2
9.
CLEAN UP...................................................................................................................GC-3
10.
ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS....................................GC-3
11.
CLAIMS........................................................................................................................GC-3
12.
PARK DEDICATION..................................................................................................GC-3
13.
LANDSCAPING..........................................................................................................GC-3
14_
WARRANTY...............................................................................................................GC-4
I5.
LOT PLANS.................................................................................................................GC-4
16.
EXISTING ASSESSMENTS.......................................................................................GC-4
17.
HOOK-UP CHARGES.................................................................................................GC-4
18.
PUBLIC STREET LIGHTING.....................................................................................GC-5
19.
SIGNAGE.....................................................................................................................GC-5
20.
HOUSE PADS..............................................................................................................GC-5
21.
RESPONSIBILITY FOR COSTS.................................................................................GC-5
22.
DEVELOPER'S DEFAULT.........................................................................................GC-6
22.
MISCELLANEOUS
A. Construction Trailers........................................................................................GC-7
B. Postal Service....................................................................................................GC-7
C. Third Parties......................................................................................................GC-7
D. Breach of Contract............................................................................................GC-7
E.
Severability.......................................................................................................GC-7
F.
Building Permits...............................................................................................GC-7
G.
Waivers/Amendments...................................................... .................................
GC -7
H.
Release..............................................................................................................GC-7
I.
Insurance...........................................................................................................
GC -7
J.
Remedies
K.
...........................................................................................................GC-8
Assignability
.....................................................................................................GC-8
L.
Construction Hours...........................................................................................GC-8
M.
Noise Amplification..........................................................................................GC-8
N.
Access...............................................................................................................GC-8
O.
Street Maintenance............................................................................................GC-8
P.
Storm Sewer Maintenance................................................................................GC-9
Q.
Soil Treatment Systems....................................................................................GC-9
R.
Variances...........................................................................................................GC-9
S.
Compliance with Laws, Ordinances, and Regulations......................................GC-9
T.
Proof of Title.....................................................................................................GC-9
U.
Soil Conditions.................................................................................................GC-9
V.
Soil Correction ................................................................................................GC-10
W. Haul Routes .........................................................................................................GC-10
X. Development Signs..............................................................................................GC-10
Y. Construction Plans...............................................................................................GC-10
Z. As-BuiltLotSurveys...........................................................................................GC-11
ii
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
THE PRESERVE AT BLUFF CREEK 3RD ADDITION
SPECIAL PROVISIONS
AGREEMENT dated July 12, 2010 by and between the C1TY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and, CHANHASSEN RESIDENTIAL
DEVELOPMENT PARTNERS, LLC, a Minnesota limited liability company (the "Developer').
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
The Preserve at Bluff Creek Yd Addition (referred to in this Contract as the "plat"). The land is
legally described on the attached Exhibit "A".
2. Conditions of Plat Approval. The City hereby approves the plat on condition that
the Developer enter into this Contract, fumish the security required by it, and record the plat with
the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat.
3. Development Plans. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With -the exception of Plan A, the plans
may be prepared, subject to City approval, after entering the Contract, but before commencement of
any work in the plat. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A: Final plat approved July 12, 2010, prepared by Westwood Professional Services.
Plan B: Grading, Drainage and Erosion Control Plan dated July 12, 2010, prepared by
Westwood Professional Services.
Plan C: Plans and Specifications for Improvements dated July 12, 2010, prepared by
Westwood Professional Services.
Plan D: Landscape Plan dated July 12, 2010, prepared by Westwood Professional Services.
4. Improvements. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Water Drainage System
D. Streets
SP -1
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading/Restoration
H. Underground Utilities (e.g. gas, electric, telephone, CATV)
I. Setting of Lot and Block Monuments
J. Surveying and Staking
K. Landscaping
L. Erosion Control
5. Time of Performance. The Developer shall install all required improvements
except for the wear course on public streets by November 15, 2010. The Developer may, however,
request an extension of time from the City Engineer. If an extension is granted, it shall be
conditioned upon updating the security posted by the Developer to reflect cost increases and the
extended completion date.
6. Security. To guarantee compliance with the terms of this Contract, payment of
special assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a letter of credit in the form attached
hereto, from a bank acceptable to the City, or cash escrow ("security") for $521,305.00. The
amount of the security was calculated as follows:
Site Grading/Erosion Control/Restoration $16,300.00
Sanitary Sewer $71,000.00
Watermain $64,400.00
Storm Sewer, Drainage System, including cleaning and maintenance $96,500.00
Streets $226,300.00
Sub -total, Construction Costs $474,500.00
Engineering, surveying, and inspection (7% of construction costs) $33,215.00
Landscaping (2% of construction costs) $9,490.00
Street lights and signs (3 lights @ $1,200, 2 signs @ $250) $4,100.00
Sub -total, Other Costs $46,805.00
TOTAL COST OF PUBLIC IMPROVEMENTS $521,305.00
SECURITY AMOUNT $521,305.00
This breakdown is for historical reference; it is not a restriction on the use of the security. The
security shall be subject to the approval of the City. The City may draw down the security, without
notice, for any violation of the terms of this Contract. If the required public improvements are not
completed at least thirty (30) days prior to the expiration of the security, the City may also draw it
down. If the security is drawn down, the draw shall be used to cure the default. With City
approval, the security may be reduced from time to time as financial obligations are paid, but in no
SP -2
case shall the security be reduced to a point less than 10% of the original amount until (1) all
improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all
financial obligations to the City satisfied, (4) the required "record" plans have been received by the
City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City.
The City will not reimburse any interest accrued on a cash escrow security.
7. Notice. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address:
Todd Baumgartner
Chanhassen Residential Development Partners, LLC
c/o Wilkerson & Hegna, PLLP
One Corporate Center H, Suite 300
7300 Metro Boulevard
Edina, MN 55439
Phone: 952-897-1707
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
8. Other Special Conditions.
A. SECURUIES AND FEES
A $521,305.00 letter of credit or escrow for the developer -installed improvements, the $257,171.60
cash fee and the fully -executed development contract must be submitted and shall be submitted
prior to scheduling a pre -construction meeting. The cash fee was calculated as follows:
Administration Fee: 3% of $474,500 $14,235.00
Street Lighting Fee: 3 lights @ $300 900.00
GIS Fee: $10/parcel x 28 parcels + $25 (plat) 305.00
City Sewer Connection Fee: 25 units x $608/unit 15,200.00
City Water Connection Fee: 25 units x $1,618/unit 40,450.00
Surface Water Management Fee: 6.08 acme c $2.540ac (quality) and 30,665.60
$3,6WW (quantity), less storm water pond credit (50% of 5.44 acres C& $2,540/ac)
Park Dedication Fee: 25 units x $5,800/unit 145,000.00
Arterial Collector Fee: 4.34 developable acres x $2,400/acre 10,416.00
$257,171.60
SP -3
B. PLANNING DEPARTMENT CONDITIONS OF APPROVAL
1. All homes shall comply with the design standards of the PUD.
C. CITY ENGINEER CONDMONS OF APPROVAL
1. Any retaining wall four feet high or taller requires a building permit and must be designed by
an Engineer registered in the State of Minnesota.
2. The developer must pay $15,200 for the sewer connection fee and $40,450 for the water
connection fee with the final plat. The remaining sewer and water fees will be collected with
the building permit and are based on the rates in effect at the time of building permit
application. Based on the 2010 fees, this amounts to $1,418.00/unit for the sanitary hook-up
fee and $3,775.00/unit for the water hook-up fee. The party applying for the building permit
is responsible for payment of these fees.
3. The arterial collector fee for this phase is $10,416.00 and must be paid in cash with the final
plat.
4. Sidewalks adjacent to private streets and within privately owned outlots can be used by the
public.
5. The plat must be revised to reflect that private streets will lie within outlots, not public right-
of-way.
6. The developer should consider the location of the garages and driveway configurations on
Lots 1, 2 and 3, Block 1 when coordinating the street light installation at the corner of Mills
Drive and Degler Circle.
7. A temporary hammerhead turnaround must be installed at the terminus of Degler Circle
within the third addition. This turnaround shall be removed when the adjacent area is final
platted and Degler Circle is extended.
8. All dead-end streets must be barricaded according to the Minnesota Uniform Traffic Control
Device Manual.
D. WATER RESOURCES COORDINATOR CONDMONS OF APPROVAL
L Lots 1 through 4, Block 1 are all proximal to Wetland 5 and the adjacent wetland mitigation
area. As documented in Wetland Alteration Permit 06-20, the mitigation area also included
buffer as Public Value Credit. Per MN Wetland Conservation Act rules, the buffer must be
25 feet in urban areas. Buffer monuments must be placed before site grading begins. The
signs are available from the City for $20.00 each.
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2. All structures shall maintain a 50 -foot setback from the ordinary high water level of Bluff
Creek. All structures shall maintain a minimum 40 -foot setback from the primary corridor.
No alterations shall occur within the primary corridor or within the first 20 feet of the setback
from the primary corridor. The 50 -foot setback, primary corridor boundary, 40 -foot structure
setback and 20 -foot grading setback shall be shown on the plans.
3. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. These
areas include constructed storm water management pond slopes above the NWL, 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 manmade systems that discharge to a surface water. All exposed soil areas shall have
temporary erosion protection or permanent cover year round, according to the current NPDES
Permit for Small Construction Sites.
4. Areas of channelized or otherwise concentrated flows directed off site must be stabilized over
the last 200 lineal feet. In particular, the swales between what are currently identified as Lots
1 and 2, Block 1 and Lots 3 and 4, Block 1 must be stabilized.
5. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed.
6. City Plate Number 5300 has been updated and the Grading Details sheet should be changed
to reflect that.
7. Inlet protection shall be provided for any existing catch basins down gradient of disturbed
areas at risk of receiving sediment or sediment -laden waters. Further, any catch basins that
are at risk of receiving sediment due to construction traffic shall also have inlet protection
provided.
8. Any proposed catch basins shall have inlet protection provided as soon as they are connected
until final stabilization is achieved.
9. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $30,665.60.
10. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES
Phase H Construction Site Permit), Minnesota Department of Natural Resources (for
dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota
Department of Health) and comply with their conditions of approval.
11. A turf establishment plan shall be submitted to the City indicating the location of sod and
seeding areas.
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12. The developer shall work with staff to develop and install appropriate markers at lot lines to
demarcate the primary zone.
13. The applicant shall submit a plan for the revegetation of any areas of grading within Outlot
A. The plan shall incorporate native plants and be consistent with the City's Bluff Creek
Natural Resources Management Plan Appendix C. Special attention should be paid to areas
with steep slopes (greater than 3:1).
14. Drainage and utility easements (minimum 20 feet in width) shall be provided over all existing
wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds.
E. ENVIRONMENTAL RESOURCES COORDINATOR CONDITIONS OF APPROVAL
1. No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off.
2. Buffer plantings shall be installed along the east property line in the rear yards of Lots 1 and
2, Block 6.
3. Applicant shall remove all Ash trees from the planting schedule. The applicant shall
substitute another species with approval from the City.
F. PARKS AND RECREATION DEPARTMENT CONDMONS OF APPROVAL
1. Park and Trail fees in the amount of $145,000.00 shall be shall be paid as per city ordinance
prior to recording the plat.
9. General Conditions. The general conditions of this Contract are attached as
Exhibit "B" and incorporated herein.
SP -6
CITY OF CHANHASSEN
II
(SEAL)
/:rd 11
Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager
Residential Development Partners, LLC:
L"
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
Todd Baumgartner, Chief Manager
The foregoing instrument was acknowledged before me this day of
2010, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2010, by Todd Baumgartner, Chief Manager of Chanhassen Residential Development Partners,
LLC, a Minnesota limited liability company, on behalf of the company.
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
SP -7
NOTARY PUBLIC
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Outlot B, The Preserve at Bluff Creek 2°d Addition.
MORTGAGE HOLDER CONSENT
TO
DEVELOPMENT CONTRACT
which holds a mortgage on the subject property, the development of which is governed by the
foregoing Development Contract, agrees that the Development Contract shall remain in full force
and effect even if it forecloses on its mortgage.
Dated this day of 20_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
20—, by
IzCorJVWe111:10A
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
1
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
fee owners of all or part of the subject property, the development of which is governed by the
foregoing Development Contract, affirm and consent to the provisions thereof and agree to be
bound by the provisions as the same may apply to that portion of the subject property owned by
them.
Dated this _ day of 20_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_, by
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952)227-1100
IRREVOCABLE LETTER OF CREDIT
No. _
Date:
TO: City of Chanhassen
7700 Market Boulevard, Box 147
Chanhassen, Minnesota 55317
Dear Sir or Madam:
We hereby issue, for the account of (Name of Developer) and in your favor, our
Irrevocable Letter of Credit in the amount of $ , available to you by your draft drawn on sight
on the undersigned bank.
The draft must:
a) Bear the clause, 'Drawn under Letter of Credit No. , dated
2 , of (Name of Bank)
b) Be signed by the Mayor or City Manager of the City of Chanhassen.
c) Be presented for payment at (Address of Bank) on or before 4:00 p.m on November 30,
2
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-
five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank
delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this
Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the
U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows:
Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN
55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified,
amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not
referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw
may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and
Practice for Documentary Credits, International Chamber of Commerce Publication No. 500.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly
honored upon presentation.
Its
CITY OF CHANHASSEN
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
EXHIBIT "B"
GENERAL CONDITION
1. Right to Proceed. Within the plat or land to be platted, the Developer may not
grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets,
utilities, public or private improvements, or any buildings until all the following conditions have
been satisfied: 1) this agreement has been fully executed by both parties and filed with the City
Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been
recorded with the County Recorders Office or Registrar of Title's Office of the County where the
plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been
satisfied and then the Developer may proceed.
2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this
Contract and the breach has not been remedied. Development of subsequent phases may not
proceed until Development Contracts for such phases are approved by the City. Park charges and
area charges for sewer and water referred to in this Contract are not being imposed on outlots, if
any, in the plat that are designated in an approved preliminary plat for future subdivision into lots
and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots
and blocks.
3. Preliminary Plat Status. If the plat is a phase of a multi -phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final
platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval.
4. Changes in Official Controls. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
urban service area, or official controls shall apply to or affect the use, development density, lot size,
lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the
contrary, to the full extent permitted by state law the City may require compliance with any
amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements
enacted after the date of this Contract.
5. Improvements. The improvements specified in the Special Provisions of this
Contract shall be installed in accordance with City standards, ordinances, and plans and
specifications which have been prepared and signed by a competent registered professional
engineer famished to the City and approved by the City Engineer. The Developer shall obtain all
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necessary permits from the Metropolitan Council Environmental Services and other pertinent
agencies before proceeding with construction. The City will, at the Developers expense, have one
or more construction inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer shall also provide a qualified inspector to perform site inspections on a daily basis.
Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall
instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to
make periodic site visits to satisfy that the construction is being performed to an acceptable level of
quality in accordance with the engineers design. The Developer or his engineer shall schedule a
preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties
concerned, including the City staff, to review the program for the construction work.
6. Iron Monuments. Before the security for the completion of utilities is released, all
monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd.
1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments
have been installed.
7. License. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the
City in conjunction with plat development.
8. Site Erosion and Sediment Control. Before the site is rough graded, and before
any utility construction is commenced or building permits are issued, the erosion and sediment
control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may
impose additional erosion and sediment control requirements if they would be beneficial. All areas
disturbed by the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Except as otherwise provided in the erosion and sediment
control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible.
All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention.
The parties recognize that time is of the essence in controlling erosion and sediment transport. If
the Developer does not comply with the erosion and sediment control plan and schedule of
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion and sediment transport at the Developer's expense. The City will
endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so
will not affect the Developers and City's rights or obligations hereunder. No development will be
allowed and no building permits will be issued unless the plat is in full compliance with the erosion
and sediment control requirements. Erosion and sediment control needs to be maintained until
vegetative cover has been restored, even if construction has been completed and accepted. After
the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion
and sediment control, the City will authorize the removal of the erosion and sediment control, i.e.
hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment
control measures.
8a. Erosion Control During Construction of a Dwelling or Other Building. Before
a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash
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escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with
City Code § 7-22.
9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily
clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area
that has resulted from construction work by the Developer, its agents or assigns.
10. Acceptance and Ownership of Improvements. Upon completion and acceptance
by the City of the work and construction required by this Contract, the improvements lying within
public easements shall become City property. After completion of the improvements, a
representative of the contractor, and a representative of the Developer's engineer will make a final
inspection of the work with the City Engineer. Before the City accepts the improvements, the City
Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved
plans and specifications and the Developer and his engineer shall submit a written statement to the
City Engineer certifying that the project has been completed in accordance with the approved plans
and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of
the public improvements shall be by City Council resolution.
11. Claims. In the event that the City receives claims from laborers, materialmen, or
others that work required by this Contract has been performed, the sums due them have not been
paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees
posted with the City, and if the claims are not resolved at least ninety (90) days before the security
required by this Contract will expire, the Developer hereby authorizes the City to commence an
Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts,
to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in
compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and
dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the
District Court, except that the Court shall retain jurisdiction to determine attorneys' fees.
12. Park Dedication. The Developer shall pay full park dedication fees in conjunction
with the installation of the plat improvements. The park dedication fees shall be the current amount
in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council
resolutions.
13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless
otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The
minimum tree size shall be two and one-half (21/2) inches caliper, either bare root in season, or
balled and burlapped. The trees may not be planted in the boulevard (area between curb and
property line). In addition to any sod required as a part of the erosion and sediment control plan,
Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each
lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on
all disturbed areas of the lot. If these improvements are not in place at the time a certificate of
occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall
be provided to the City. These conditions must then be complied with within two (2) months after
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the certificate of occupancy issued, except that if the certificate of occupancy is issued between
October 1 through May I these conditions must be complied with by the following July 1st. Upon
expiration of the time period, inspections will be conducted by City staff to verify satisfactory
completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00
inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the
financial guarantee shall be returned. If the requirements are not satisfied, the City may use the
security to satisfy the requirements. The City may also use the escrowed funds for maintenance of
erosion control pursuant to City Code Section 7-22 or to satisfy any other requirements of this
Contract or of City ordinances. These requirements supplement, but do not replace, specific
landscaping conditions that may have been required by the City Council for project approval.
14. Warranty. The Developer warrants all improvements required to be constructed by
it pursuant to this Contract against poor material and faulty workmanship. The Developer shall
submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a
letter of credit for twenty-five percent (25%) of the amount of the original cost of the
improvements.
A. The required warranty period for materials and workmanship for the utility
contractor installing public sewer and water mains shall be two (2) years from the date of final
written City acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2)
years from the date of final written acceptance.
C. The required warranty period for sod, trees, and landscaping is one full growing
season following acceptance by the City.
15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading,
Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each
lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained
away from buildings and that tree removal is consistent with development plans and City
Ordinance.
16. Existing Assessments. Any existing assessments against the plat will be re -spread
against the plat in accordance with City standards.
17. Hook-up Charges. At the time of final plat approval the Developer shall pay
30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot in
the plat in the amount specified in Special Provision, Paragraph 8, of this Development
Contract. The balance of the hook-up charges is collected at the time building permits are issued
are based on 70% of the rates then in effect, unless a written request is made to assess the costs
over a four year term at the rates in effect at time of application.
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18. Public Street Lighting. The Developer shall have installed and pay for public
street lights in accordance with City standards. The public street lights shall be accepted for City
ownership and maintenance at the same time that the public street is accepted for ownership and
maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation.
Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street
light installed in the plat. The fee shall be used by the City for furnishing electricity and
maintaining each public street light for twenty (20) months.
19. Signage. All street signs, traffic signs, and wetland monumentation required by the
City as a part of the plat shall be fumished and installed by the City at the sole expense of the
Developer.
20. House Pads. The Developer shall promptly furnish the City "as -built' plans
indicating the amount, type and limits of fill on any house pad location.
21. Responsibility for Costs.
A. The Developer shall pay an administrative fee in conjunction with the
installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead
for items such as review of construction documents, preparation of the Development Contract,
monitoring construction progress, processing pay requests, processing security reductions, and final
acceptance of improvements. This fee does not cover the City's cost for constriction inspections.
The fee shall be calculated as follows:
i) if the cost of the construction of public improvements is less than $500,000,
three percent (3%) of construction costs;
ii) if the cost of the construction of public improvements is between $500,000
and $1,000,000, three percent (3%) of construction costs for the first
$500,000 and two percent (2%) of construction costs over $500,000;
iii) if the cost of the construction of public improvements is over $1,000,000,
two and one-half percent (2'/2%) of construction costs for the first $1,000,000
and one and one-half percent (1'/2%) of construction costs over $1,000,000.
Before the City signs the final plat, the Developer shall deposit with the City a fee based upon
construction estimates. After construction is completed, the final fee shall be determined based
upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the
Special Provisions.
B. In addition to the administrative fee, the Developer shall reimburse the City for
all costs incurred by the City for providing construction and erosion and sediment control
inspections. This cost will be periodically billed directly to the Developer based on the actual
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progress of the construction. Payment shall be due in accordance with Article 21E of this
Agreement.
C. The Developer shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers and employees
for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,
including attorneys' fees.
D. In addition to the administrative fee, the Developer shall reimburse the City for
costs incurred in the enforcement of this Contract, including engineering and attorneys' fees.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time,
the City may halt all plat development work and construction, including but not limited to the
issuance of building permits for lots which the Developer may or may not have sold, until the bills
are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year.
F. In addition to the charges and special assessments referred to herein, other
charges and special assessments may be imposed such as, but not limited to, sewer availability
charges ("SAC"), City water connection charges, City sewer connection charges, and building
permit fees.
G. Private Utilities. The Developer shall have installed and pay for the installation
of electrical, natural gas, telephone, and cable television service in conjunction with the overall
development improvements. These services shall be provided in accordance with each of the
respective franchise agreements held with the City.
H. The developer shall pay the City a fee established by City Council resolution,
to reimburse the City for the cost of updating the City's base maps, GIS data base files, and
converting the plat and record drawings into an electronic format. Record drawings must be
submitted within four months of final acceptance of public utilities. All digital information
submitted to the City shall be in the Carver County Coordinate system.
22. Developer's Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the Developer is
first given notice of the work in default, not less than four (4) days in advance. This Contract is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
23. Miscellaneous.
MP
A. Construction Trailers. Placement of on-site construction trailers and temporary
job site offices shall be approved by the City Engineer as a part of the pre -construction meeting for
installation of public improvements. Trailers shall be removed from the subject property within
thirty (30) days following the acceptance of the public improvements unless otherwise approved by
the City Engineer.
B. Postal Service. The Developer shall provide for the maintenance of postal
service in accordance with the local Postmasters request.
C. Third Parties. Third parties shall have no recourse against the City under this
Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City
shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce
this Contract or for allowing deviations from it.
D. Breach of Contract. Breach of the terms of this Contract by the Developer
shall be grounds for denial of building permits, including lots sold to third parties. The City may
also issue a stop work order halting all plat development until the breach has been cured and the
City has received satisfactory assurance that the breach will not reoccur.
E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
F. Building Permits. Building permits will not be issued in the plat until sanitary
sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the
streets needed for access have been paved with a bituminous surface and the site graded and
revegetated in accordance with Plan B of the development plans.
G. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers
shall be in writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or
release.
H. Release. This Contract shall run with the land and may be recorded against the
title to the property. After the Developer has completed the work required of it under this Contract,
at the Developers request the City Manager will issue a Certificate of Compliance. Prior to the
issuance of such a certificate, individual lot owners may make as written request for a certificate
applicable to an individual lot allowing a minimum of ten (10) days for processing.
I. Insurance. Developer shall take out and maintain until six (6) months after the
City has accepted the public improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may arise out of
Developer's work or the work of its subcontractors or by one directly or indirectly employed by any
of them. Limits for bodily injury and death shall be not less than $500,000 for one person and
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$1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each
occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as
an additional insured on the policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City signing the plat. The certificate shall provide that the City
must be given ten (10) days advance written notice of the cancellation of the insurance. The
certificate may not contain any disclaimer for failure to give the required notice.
J. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, expressed or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised from time
to time as often and in such order as may be deemed expedient by the City and shall not be a waiver
of the right to exercise at any time thereafter any other right, power or remedy.
K. Assi agn bility. The Developer may not assign this Contract without the written
permission of the City Council. The Developers obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots, the entire plat, or any part of it.
L. Construction Hours. Construction hours, including pick-up and deliveries of
material and equipment and the operation of any internal combustion engine, may only occur from
7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity
allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents
and supplies to comply with these requirements and the Contractor is responsible for their failure
to do so. Under emergency conditions, this limitation may be waived by the written consent of the
City Engineer. If construction occurs outside of the permitted construction hours, the Contractor
shall pay the following administrative penalties:
First violation $ 500.00
Second violation $ 1,000.00
Third & subsequent violations All site development and construction must
cease for seven (7) calendar days
M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms,
and similar devices is prohibited in conjunction with the construction of homes, buildings, and the
improvements required under this contract. The administrative penalty for violation of construction
hours shall also apply to violation of the provisions in this paragraph.
N. Access. All access to the plat prior to the City accepting the roadway
improvements shall be the responsibility of the Developer regardless if the City has issued building
permits or occupancy permits for lots within the plat.
O. Street Maintenance. The Developer shall be responsible for all street
maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by
the Developer when hazards develop in streets to prevent the public from traveling on same and
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directing attention to detours. If streets become impassable, the City may order that such streets
shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and
provide proper surface drainage. The Developer may request, in writing, that the City plow snow
on the streets prior to final acceptance of the streets. The City shall have complete discretion to
approve or reject the request. The City shall not be responsible for reshaping or damage to the
street base or utilities because of snow plowing operations. The provision of City snow plowing
service does not constitute final acceptance of the streets by the City.
P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and
maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales)
within the plat and the adjacent off-site storm sewer system that receives stone water from the plat.
The Developer shall follow all instructions it receives from the City concerning the cleaning and
maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end
two (2) years after the public street and storm drainage improvements in the plat have been
accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the
special provisions of this contract, will be held by the City for the duration of the 2 -year
maintenance period.
Q. Soil Treatment Systems. If soil treatment systems are required, the Developer
shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the platting process for each lot. This shall
be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall
render them as unacceptable and replacement sites will need to be located for each violated site in
order to obtain a building permit.
R. Variances. By approving the plat, the Developer represents that all lots in the
plat are buildable without the need for variances from the City's ordinances.
S. Compliance with laws. Ordinances, and Regulations. In the development of the
plat the Developer shall comply with all laws, ordinances, and regulations of the following
authorities:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District(s);
5. Metropolitan Government, its agencies, departments and commissions.
T. Proof of Title. Upon request, the Developer shall furnish the City with evidence
satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to
enter into this Development Contract.
U. Soil Conditions. The Developer acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
GC -9
construction of the improvements or any other purpose for which the Developer may make use of
such property. The Developer further agrees that it will indemnify, defend, and hold harmless the
City, its governing body members, officers, and employees from any claims or actions arising out of
the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
V. Soil Correction. The Developer shall be responsible for soil correction work on
the property. The City makes no representation to the Developer concerning the nature of
suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots
which have no fill material a soils report from a qualified soils engineer is not required unless the
City's building inspection department determines from observation that there may be a soils
problem. On lots with fill material that have been mass graded as part of a multi -lot grading
project, a satisfactory soils report from a qualified soils engineer shall be provided before the City
issues a building permit for the lot. On lots with fill material that have been custom graded, a
satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the
foundation for a building on the lot.
W. Haul Routes. The Developer, the Developer's contractors or subcontractors
must submit proposed haul routes for the import or export of soil, construction material,
construction equipment or construction debris, or any other purpose. All haul routes must be
approved by the City Engineer
X. Development Signs. The Developer shall post a six foot by eight foot
development sign in accordance with City Detail Plate No. 5313 at each entrance to the project.
The sign shall be in place before construction of the required improvements commences and
shall be removed when the required improvements are completed, except for the final lift of
asphalt on streets. The signs shall contain the following information: project name, name of
developer, developer's telephone number and designated contact person, allowed construction
hours.
Y. Construction Plans. Upon final plat approval, the developer shall provide the
City with two complete sets of full-size construction plans and four sets of 11"x17" reduced
construction plan sets and three sets of specifications. Within four months after the completion of
the utility improvements and base course pavement and before the security is released, the
Developer shall supply the City with the following: (1) a complete set of reproducible Mylar
as -built plans, (2) two complete full-size sets of blue linelpaper as -built plans, (3) two complete sets
of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing
and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital
file of as -built plans in both Axf & .tif format (the Axf file must be tied to the current county
coordinate system), (8) digital file of utility tie sheets in either .doc or .tif format, and (9) a
breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The
Developer is required to submit the final plat in electronic format.
GC -10
Z. As -Built Lot Surveys. An as -built lot survey will be required on all lots prior to
the Certificate of Occupancy being issued. The as -built lot survey must be prepared, signed, and
dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before
the as -built survey is completed. If the weather conditions at the time of the as -built are not
conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may
be issued and the as -built escrow withheld until all work is complete.
Rev. 6/30A0
GC -11
o(c- 114
Chanhassen City Council - July 12, 2010
C. The Preserve at Bluff Creek Third Addition:
1) Final Plat Approval.
2) Approval of Development Contract and Plans and Specifications.
d. Lakeside Fourth Addition: Approve Amendment to Final Plat.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS: None.
PIONEER PASS: REOUEST FOR PRELIMINARY PLAT CREATING 94 LOTS, 4
OUTLOTS AND RIGHT-OF-WAY FOR PUBLIC STREETS (APPROXIMATELY 45
ACRES); CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF
CREEK OVERLAY DISTRICT WITH A VARIANCE FOR ENCROACHMENT INTO
THE PRIMARY ZONE: AN INTERIM USE PERMIT TO ALLOW SITE GRADING
BLUFF CREEK DRIVE. APPLICANT: RYLAND HOMES, PLANNING CASE 2010-09.
Kate Aanenson: Good evening Mayor. Thank you members of the City Council. This item
appeared before the Planning Commission on July 6`s and they did recommend approval 6-0.
They did have some questions which I'll spend some time going through when I go through the
staff report. As the Mayor indicated there are a couple requests here. One including the
preliminary plat for 94 lots and 4 outlots. The conditional use for the development within the
Bluff Creek District with a variance for the encroachment into the primary zone. An interim use
to allow grading of the site prior to final plat approval, and a wetland alteration permit for
grading and filling of wetlands. This site is located in what we call the 2005 MUSA. Give a
little history on this. Goes back to 2003 when actually K. Hovnanian was first coming forward
and we were deciding on putting utilities in place and we did an alternative urban review of the
project so this is consistent with that and I'll spend some time talking about that too so it's
actually getting access off of the Bluff Creek Boulevard which was put in place. This project
will also get access off of Pioneer Trail, which will provide two ways in and then out to this
development. Right now the only way in is off of Audubon on Bluff Creek Boulevard. In the
AUAR which was done in 2003 the framework issue for this was a lot of the natural features that
go through this site, when we were looking at this it was actually studied to potentially look at
the high school site in this area or a middle school and actually the high school site got moved
across the street and that would be partially on the Degler property, which is in this area here. So
in looking at this, this entire area was studied under one framework and some of it was to
preserve the creek itself. The unique features of the creek, preserving that. And then we looked
at, how the, with the overlay district either taking it as a whole or incrementally as each project
came in, so we looked at the zoning for this area and how would we be able to attract or acquire
that and we look at these subdivisions, that's one of the ways to do that. The areas in green are
actually more heavily wooded so, a lot of this has been preserved and I'll show in a second what
4
SCANNED
Chanhassen City Council - July 12, 2010
and grow naturally so just a wonderful experience and thank you and Mr. Gerhardt and Todd and
as I said, everybody involved. It's, it really was a great event.
Todd Gerhardt: Yeah, the Rotary plays a big role in this too and it's a cooperative effort you
know. A bunch of organizations but the Rotary with their activity in Taste of Chanhassen. The
parade and the beer gardens. They just do a great job and really give up 2 days of their holiday
to participate in that program so, and they really organized the parade and it's a great partnership.
Mayor Furlong: Thank you everyone. We'll make it better next year. You know that's right.
You know people have said you know there's, you know that there's a reason to stay in town and
I think it's getting to the point is why would you want to leave town so just a great event. Let's
move on then with our consent agenda items.
CONSENT AGENDA:
Mayor Furlong: Councilwoman Ernst?
Councilwoman Ernst: Yeah, if I could pull (e) out. It's just more of a clarification and question.
Mayor Furlong: Okay. You want to pick that up, if it is clarification. Let's do it at new business
after number 2, if that's okay.
Councilwoman Ernst: Okay. Sure.
Mayor Furlong: Since we have people here for number 2. Any others? Anyone from the
audience? Okay. Then is there a motion to adopt items 1(a) through (d)?
Councilman Litsey: So moved,
Mayor Furlong: Is there a second?
Councilman McDonald: Second.
Councilman Litsey moved, Councilman McDonald seconded to approve the following
consent agenda items pursuant to the City Manager's recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated June 28, 2010
-City Council Verbatim and Summary Minutes dated June 28, 2010
Receive Commission Minutes:
-Planning Commission Verbatim and Summary Minutes dated July 6, 2010
-Park and Recreation Commission Verbatim and Summary Minutes dated June 22, 2010
b. Boulder Cove Subdivision: Approve Time Extension to File Development Contract and
Final Plat Mylars, Cottage Homesteads at Boulder Cove, LLC.
Building Inspndons
Phone: 952.227 1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 95F.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Nalural Resources
Phare: 952.227.1130
Fax: 952.227.1110
hft Works
1591 Park Road
Phase: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci,chanhassen nn. us
Final plat approval for The Preserve at Bluff Creek 3°d Addition includes 25 lots
and 3 outlots. Since the I" and 2°d Additions have been constructed, Ryland
Homes in no longer the developer/builder. Chanhassen Residential Development
Partners, LLC is now the developer and LDK Homes is the builder. LDK has 7
lots that were approved with the V and 2°d Additions and currently has one home
under construction with another to begin shortly. Because this development is a
PUD, design standards are required.
On Monday, May 8, 2006 the Chanhassen City Council approved the rezoning of
the land within the plat for "The Preserve" from Agricultural Estate District, A2, to
Planned Unit Development -Residential, PUD -R; approved a conditional use permit
to permit development within the Bluff Creek Overlay District and alterations
within the flood plain; and approved the preliminary plat for "The Preserve"
creating 155 lots, 15 outlots and right-of-way for public streets.
The 0 Addition was platted in June of 2006 and included 53 lots; the 2nd Addition
was platted in May of 2007 and had 4 blocks with 12 lots and 8 outlots.
Development Design Standards
Setbacks:
Standards
Lyman Boulevard
50 feet
MEMORANDUM
50 feet (creek on west)
Front Yard garage side
TO:
Todd Gerhardt, City Manager
CITYOF
CBANgASSEN
FROM:
Kate Aanenson, Community Development Director
7700 Market Boulevard
DATE:
July 12, 2010
PO Boz 147
Chanhassen, MN 55317
SUBJ:
Final Plat Approval
The Preserve at Bluff Creek 3`d Addition
Planning Case No. 06-14
Administration
Phone: 952.227.1100
Fax: 952.227.1110
PROPOSAL SUMMARY
Building Inspndons
Phone: 952.227 1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 95F.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Nalural Resources
Phare: 952.227.1130
Fax: 952.227.1110
hft Works
1591 Park Road
Phase: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci,chanhassen nn. us
Final plat approval for The Preserve at Bluff Creek 3°d Addition includes 25 lots
and 3 outlots. Since the I" and 2°d Additions have been constructed, Ryland
Homes in no longer the developer/builder. Chanhassen Residential Development
Partners, LLC is now the developer and LDK Homes is the builder. LDK has 7
lots that were approved with the V and 2°d Additions and currently has one home
under construction with another to begin shortly. Because this development is a
PUD, design standards are required.
On Monday, May 8, 2006 the Chanhassen City Council approved the rezoning of
the land within the plat for "The Preserve" from Agricultural Estate District, A2, to
Planned Unit Development -Residential, PUD -R; approved a conditional use permit
to permit development within the Bluff Creek Overlay District and alterations
within the flood plain; and approved the preliminary plat for "The Preserve"
creating 155 lots, 15 outlots and right-of-way for public streets.
The 0 Addition was platted in June of 2006 and included 53 lots; the 2nd Addition
was platted in May of 2007 and had 4 blocks with 12 lots and 8 outlots.
Development Design Standards
Setbacks:
se"M
Cbadreeeno is a Cmn u ty for life - Providing for Today and Planning for Tomorrow
Standards
Lyman Boulevard
50 feet
Exterior Eastern (Perimeter)
Setback
50 feet (creek on west)
Front Yard garage side
25 feet
Front Yard on corner lots
20 feet
se"M
Cbadreeeno is a Cmn u ty for life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
The Preserve at Bluff Creek 3rd Addition
July 12, 2010
Page 2 of 10
The entire development, including the public and private streets and Outlots, may not exceed 30
percent hard coverage. Individual lots will exceed the 30 percent site coverage (see Lot
Impervious Coverage Analysis Attachment #5).
Materials and Design:
The new builder will comply with the original design standards to ensure consistency with the
entire PUD. IDK proposes 10 home styles with different options for each style (see
attachments). The finished square footage of the homes range from 1900 square feet to 2750
square feet. There is room for additions such as three -season porches and decks. No two
adjacent housing units may be of the same style or color scheme.
FINAL PLAT REVIEW
Chanhassen Residential Development Partners, LLC is the applicant. They are continuing the
streets Mills Drive and Degler Circle to provide access to the 25 lots. Outlot A will be platted
into lots in the next addition, and outlots B and C will be used as an internal trail. The 25 lots to
be platted are consistent with the original preliminary plat approval.
EASEMENTS AND RIGHT-OF-WAY
Blanket drainage and utility easements will be platted over Outlots B and C. Private utilities (e.g.
storm sewer that only conveys runoff from a private street) within outlots shall be owned and
maintained by the association.
Public streets will be within a 60 -foot wide right-of-way.
GRADING AND DRAINAGE
The lots within the third addition were mass graded with the second addition in order to balance
the earthwork.
Standards
Side Yard
5/10 feet minimum 15 between units
Rear Yard
15 feet
Hard Surface Coverage *
30 % averaged over the entire site
Wetland: Buffer and buffer
setback
16.5 feet and 40 feet
Bluff Creek Primary zone
boundary
40 feet with the first 20 feet as buffer
Minimum lot size
Average 8,000 square feet
Public street
60 foot right of way 32 foot paved
Private street
40 foot right of way 28 paved surface
The entire development, including the public and private streets and Outlots, may not exceed 30
percent hard coverage. Individual lots will exceed the 30 percent site coverage (see Lot
Impervious Coverage Analysis Attachment #5).
Materials and Design:
The new builder will comply with the original design standards to ensure consistency with the
entire PUD. IDK proposes 10 home styles with different options for each style (see
attachments). The finished square footage of the homes range from 1900 square feet to 2750
square feet. There is room for additions such as three -season porches and decks. No two
adjacent housing units may be of the same style or color scheme.
FINAL PLAT REVIEW
Chanhassen Residential Development Partners, LLC is the applicant. They are continuing the
streets Mills Drive and Degler Circle to provide access to the 25 lots. Outlot A will be platted
into lots in the next addition, and outlots B and C will be used as an internal trail. The 25 lots to
be platted are consistent with the original preliminary plat approval.
EASEMENTS AND RIGHT-OF-WAY
Blanket drainage and utility easements will be platted over Outlots B and C. Private utilities (e.g.
storm sewer that only conveys runoff from a private street) within outlots shall be owned and
maintained by the association.
Public streets will be within a 60 -foot wide right-of-way.
GRADING AND DRAINAGE
The lots within the third addition were mass graded with the second addition in order to balance
the earthwork.
Todd Gerhardt
The Preserve at Bluff Creek 3`d Addition
July 12, 2010
Page 3 of 10
RETAINING WALLS
A 245 -foot long retaining wall is proposed on the east property line, north of Mills Drive. The
maximum height of this retaining wall is four feet. There may be an opportunity to reduce the
height of this wall or eliminate this wall when the property to the east develops. This wall will
not be constructed until the lots are platted.
UTILITIES
Lateral sanitary sewer and watermain will be installed within Phase 3 of the final plat. Lateral
utilities to serve the future lots will be installed when the area is final platted.
When the area south of Lyman Boulevard is final platted, an 18 -inch diameter watermain must be
installed on the south side of Lyman Boulevard to the east property line. The developer will be
reimbursed the cost difference between an 8 -inch lateral and the 18 -inch trunk watermain with
final plat approval of that area of the development. Homes with a low floor elevation of 935' or
lower will require a pressure -reducing valve within the house.
The developer will be responsible for extending lateral sewer and water service to the lots;
therefore, the sanitary sewer and water connection charges will be waived.
The assessments for the 2005 MUSA improvements were paid in full with the first phase.
Each new lot is subject to the sanitary sewer and water hookup charges. A portion of these fees
is collected with the final plat and is calculated as follows:
SAC fee partial payment: 25 units x $608.00/unit = $15,200.00
WAC fee partial payment: 25 units x $1,618.00/unit = $40,450.00
The remainder of these fees will be collected with the building permit and are based on the rates
in effect at the time of building permit application. Based on the 2010 fees, this amounts to
$1,418.00/unit for the SAC fee and $3,775.00/unit for the WAC fee. The party applying for the
building permit is responsible for payment of these fees.
STREETS
The development is subject to the arterial collector fee, which must be paid in cash with the final
plat and is calculated as follows:
4.34 developable acres x $2,400/acre = $10,416.00
Future phases of the development will be subject to this fee at the rate in effect at the time of
final plat.
Todd Gerhardt
The Preserve at Bluff Creek 3`d Addition
July 12, 2010
Page 4 of 10
The plat must be revised to reflect that private streets will lie within outlots, not public right-of-
way.
The developer will construct five-foot wide concrete sidewalks on both sides of River Rock
Drive.
The developer should consider the location of the garages and driveway configurations on Lots 1,
2 and 3, Block 1 when coordinating the street light installation at the comer of Mills Drive and
Degler Circle.
A temporary hammerhead turnaround must be installed at the terminus of Degler Circle within
the third addition. This turnaround shall be removed when the adjacent area is final platted and
Degler Circle is extended.
All dead-end streets must be barricaded according to the Minnesota Uniform Traffic Control
Device Manual.
LANDSCAPING
The developer has provided a landscape plan that exceeds the minimum standards of the City.
WETLANDS
The preliminary plat review indicated that any exemption to wetland impacts would need to be
presented to the City for review and acceptance. Because impacts have already occurred as part
of this development, no wetland exemptions will be applicable. However, having reviewed the
plan set, it does not appear that any additional wetland impacts are proposed with the 3`d
addition.
Lots 1 through 4, Block 1 are all proximal to Wetland 5 and the adjacent wetland mitigation area.
As documented in Wetland Alteration Permit 06-20, the mitigation area also included buffer as
Public Value Credit. Per MN Wetland Conservation Act rules, the buffer must be 25 feet in
urban areas. Buffer monuments must be placed before site grading begins. The signs are
available from the City for $20.00 each.
Lakes, Bluffs and Shoreland
Bluff Creek runs from north to southwest of the 3`d addition. This is a public water and is subject
to the shoreland rules. This requires that a 50 foot setback from the top of bank is required for all
structures. This line needs to be shown on the plan set and the final plat.
Grading and Erosion
A NPDES Phase 11 Construction Site Storm Water Permit will be required from the Minnesota
Pollution Control Agency (MPCA) for this site. Proof of permit acquisition should be provided
to the City prior to the commencement of any earth -disturbing activities.
Todd Gerhardt
The Preserve at Bluff Creek 3rd Addition
July 12, 2010
Page 5 of 10
For the most part, the original plans appear adequate. However, the NPDES permit and the
City's Surface Water Management Plan have both been updated since the original submittal.
Bluff Creek needs to be identified as an impaired water for turbidity and fish BBI on the grading
and erosion control plans. This information should also be included in the SWPPP with the
caveat that no untreated water may be discharged to Bluff Creek and that any discharge must be
done such that it dissipates energy to the greatest extent practicable and does not create erosive
conditions, and these discharge points and the SWPPP must be updated to include any associated
best management practices.
Areas of channelized or otherwise concentrated flows directed off site must be stabilized over the
last 200 lineal feet. In particular, the swales between what are currently identified as Lots 1 and
2, Block 1 and Lots 3 and 4, Block 1 must be stabilized. This could be accomplished through the
use of sod, biorolls, blanket or another acceptable best management practice.
The City of Chanhassen has updated their standard detail plates. City Plate number 5300 has
been updated and the Grading Details sheet should be changed to reflect that. Also, under the
new NPDES Construction Permit, the amount of time a disturbed area may remain open has
changed. The SWPPP should be changed to reflect that as well. Those existing CBMH
structures which are down gradient of the proposed grading and at risk of receiving sediment or
sediment -laden waters must have inlet protection measures installed. This also applies to those
CBMH which may be up -gradient of the construction entrance but are at risk of sediment input
due to construction traffic.
Surface Water Management Connection Charges
Water Quality Fees
Because of the impervious surface associated with this development, the water quality fees for this
proposed development are based on single-family residential development rates of $2,540 per acre.
Assessable area is equal to the total area less that portion which is within Outlots A, B, and C. This
area equals 6.08 acres. Therefore, the gross water quality fees associated with this project are 6.08
acres multiplied by $2,540/acre or $15,443.20.
SWMP Credits
The overall project proposes the construction of three NMP basins. The third addition will be
directed to, and treated in, Pond 2. The applicant will be credited for 50% of the water quality
charge for each acre draining to a NURP basin on site. With the exception of a portion of Lots 1
through 4, Block 1, all of the 3rd Addition is treated. Credit for this treatment will be $6,908.80
or [$2540(0.5)*5.44ac]. The outlet structures with BMPs for rate control and the removal of
floatables have already been credited on earlier additions.
Todd Gerhardt
The Preserve at Bluff Creek 3`d Addition
July 12, 2010
Page 6 of 10
Water Quantity Fees
The SWMP has established a connection charge for the different land uses based on an average
citywide rate for the installation of water quantity systems. This cost includes land acquisition,
proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage in
addition to mitigation for flood damage. Single-family residential developments have a connection
charge of $3,640 per developable acre. This results in a water quantity fee of $22,131.20 for the
proposed development.
The total net SWMP fee, due payable to the City at the time of final plat recording, is $30,665.60.
Drainage
The HydroCAD model was provided and reviewed with the original submittal. No significant
changes have occurred to site grading or storm sewer design. Therefore, there is no reason to
conclude that the modeled conditions no longer apply. It is noteworthy that the classification of
soils as Hydrologic Group B is suspect given the fills and cuts proposed for the site. However,
according to the provided calculations, Pond 2 exceeds the NPDES required permanent storage
volume by approximately 55%.
As was requested, Westwood provided the Rationale Storm Sewer Design Tabulation. Staff
reviewed the supplied information and based upon this information, the storm sewer design appears
adequate.
Bluff Creek Overlay District
The Preserve 3`d Addition is adjacent to the Bluff Creek Overlay District. The plans do not show
any of the required lines including the Primary Zone, the 40 -foot structure setback and the 20 -foot
grading setback. It appears that no lots are proposed within the overlay district but without the
depiction of the lines on the plan set it is difficult to determine.
Other Agencies
The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for
dewatering), Carver SWCD, Minnesota Department of Transportation, et al) and comply with their
conditions of approval.
PARKS AND RECREATION
The Park and Recreation Commission recommended at the time of preliminary plat that the City
Council require the following conditions of approval concerning parks and trails for The Preserve
PUD:
1. The payment of full park dedication fees at the rate in force upon final plat approval in lieu of
parkland dedication. For 2010, the Park dedication fee is $5,800 per dwelling. Based on
Todd Gerhardt
The Preserve at Bluff Creek 3`d Addition
July 12, 2010
Page 7 of 10
approval of 25 lots with the Third Addition, the total fee due and payable with the final plat is
$145,000.00.
2. The applicant shall provide all design, engineering, construction and testing services required
of the `Bluff Creek Trail." All construction documents shall be delivered to the Park and
Recreation Director and City Engineer for approval prior to the initiation of each phase of
construction. The trail shall be 10 feet in width, surfaced with bituminous material and
constructed to meet all city specifications. The applicant shall be reimbursed for the actual
cost of construction materials for the Bluff Creek Trail. This reimbursement payment shall be
made upon completion and acceptance of the trail and receipt of an invoice documenting the
actual costs for the construction materials utilized in its construction. This trail has been
constructed.
3. Outlot H be enlarged through the addition of the land area currently depicted as Lots 1 and 2,
Block 11. The resulting property to be utilized as a private association operated recreational
and open space site. The development has a private park facility.
4. Outlots A, B, L and H shall be conveyed to the city as public property by warranty deed. The
land has been conveyed to the City.
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
The Chanhassen City Council approves the Final Plat for The Preserve at Bluff Creek 3rd Addition subject
to the following conditions:
Planning Department Conditions of Approval
1. All homes shall comply with the design standards of the PUD.
City Engineer Conditions of Approval
1. Due to the anticipated timing of the final plat with respect to the timing of formal approvals
from FEMA, the proposed lots that are within the current flood plain may be preliminary
platted subject to FEMA approval of the LOMR.
2. Any retaining wall four feet high or taller requires a building permit and must be designed by
an Engineer registered in the State of Minnesota.
The developer must pay $15,200 for the partial payment of the SAC fees and $40,500 for the
partial payment of the WAC fees with the final plat. The remainder of these fees will be
collected with the building permit and are based on the rates in effect at the time of building
permit application. Based on the 2010 fees, this amounts to $1,418.00/unit for the SAC fee
and $3,775.00/unit for the WAC fee. The party applying for the building permit is
responsible for payment of these fees.
Todd Gerhardt
The Preserve at Bluff Creek 3`d Addition
July 12, 2010
Page 8 of 10
4. The arterial collector fee for this phase is $10,416.00 and must be paid in cash with the final
plat.
5. Sidewalks adjacent to private streets and within privately owned outlots can be used by the
public.
6. The plat must be revised to reflect that private streets will lie within outlots, not public right-
of-way.
7. The developer should consider the location of the garages and driveway configurations on
Lots 1, 2 and 3, Block 1 when coordinating the street light installation at the corner of Mills
Drive and Degler Circle.
8. A temporary hammerhead turnaround must be installed at the terminus of Degler Circle
within the third addition. This turnaround shall be removed when the adjacent area is final
platted and Degler Circle is extended.
9. All dead-end streets must be barricaded according to the Minnesota Uniform Traffic Control
Device Manual.
Water Resources Coordinator Conditions of Approval
Lots 1 through 4, Block 1 are all proximal to Wetland 5 and the adjacent wetland mitigation
area. As documented in Wetland Alteration Permit 06-20, the mitigation area also included
buffer as Public Value Credit. Per MN Wetland Conservation Act rules, the buffer must be
25 feet in urban areas. Buffer monuments must be placed before site grading begins. The
signs are available from the City for $20.00 each.
2. All structures shall maintain a 50 -foot setback from the ordinary high water level of Bluff
Creek. All structures shall maintain a minimum 40 -foot setback from the primary corridor.
No alterations shall occur within the primary corridor or within the first 20 feet of the setback
from the primary corridor. The 50 -foot setback, primary corridor boundary, 40 -foot structure
setback and 20 -foot grading setback shall be shown on the plans.
3. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. These
areas include constructed storm water management pond slopes above the NWL, 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 manmade systems that discharge to a surface water. All exposed soil areas shall have
temporary erosion protection or permanent cover year round, according to the current NPDES
Permit for Small Construction Sites.
4. Areas of channelized or otherwise concentrated flows directed off site must be stabilized over
the last 200 lineal feet. In particular, the swales between what are currently identified as Lots
1 and 2, Block 1 and Lots 3 and 4, Block 1 must be stabilized.
Todd Gerhardt
The Preserve at Bluff Creek 3`d Addition
July 12, 2010
Page 9 of 10
5. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed.
6. City Plate Number 5300 has been updated and the Grading Details sheet should be changed
to reflect that.
7. Inlet protection shall be provided for any existing catch basins down gradient of disturbed
areas at risk of receiving sediment or sediment -laden waters. Further, any catch basins that
are at risk of receiving sediment due to construction traffic shall also have inlet protection
provided.
8. Any proposed catch basins shall have inlet protection provided as soon as they are connected
until final stabilization is achieved.
9. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $30,665.60.
10. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES
Phase II Construction Site Permit), Minnesota Department of Natural Resources (for
dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota
Department of Health) and comply with their conditions of approval.
11. A turf establishment plan shall be submitted to the City indicating the location of sod and
seeding areas.
12. The developer shall work with staff to develop and install appropriate markers at lot lines to
demarcate the primary zone.
13. The applicant shall submit a plan for the revegetation of any areas of grading within Outlot
A. The plan shall incorporate native plants and be consistent with the City's Bluff Creek
Natural Resources Management Plan Appendix C. Special attention should be paid to areas
with steep slopes (greater than 3:1).
14. Drainage and utility easements (minimum 20 feet in width) shall be provided over all existing
wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds.
Environmental Resources Coordinator Conditions of Approval
1. No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off.
2. Buffer plantings shall be installed along the east property line in the rear yards of Lots 1 and
2, Block 6.
3. Applicant shall remove all Ash trees from the planting schedule. The applicant shall
substitute another species with approval from the City.
Todd Gerhardt
The Preserve at Bluff Creek 3'd Addition
July 12, 2010
Page 10 of 10
Parks and Recreation Department Conditions of Approval
1. Park and Trail fees in the amount of $145,000.00 shall be shall be paid as per city ordinance
prior to recording the plat.
ATTACHMENTS
1. Location Map.
2. Application.
3. The Preserve at Bluff Creek 3rd Addition Final Plat.
4. Lot Area Tabulation.
5. Lot Impervious Coverage Analysis.
6. Lot Study Sketch.
7. Lot Type Exhibit.
8. House Designs.
gAplan\2006 planning casest06-14 the preservetfiml plat documents -3rd addition\preserve 3rd addition fp.doc
Location Map
The Preserve
1630 Lyman Boulevard
Planning Case No. 06-14
City of Chanhassen
111117a1.7:111,:41.II
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
DEVELOPMENT REVIEW APPLICATION
Planning Case No. L ` j f L -
Applicant Name and Address: Property Owner Nare and Address:
bt 11es,&,ir� �% , % of ,, ;U j Gn,� l r,l�� , ih r k ,s
t%
Klee
Contact. A ,Pd v...,o� Contact: eAP.c ni
Phone: 790-qq, Fax: ('Z-d9-7-3S3y Phone:�N -3G8CF x:
Email: 6u /.Fuse ,tiP na .&,n Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
Conditional Use Permit (CUP)
Interim Use Permit (IUP)
Non -conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
Site Plan Review (SPR)* /
)0 Subdivision* ((4,.( dpkf)
Temporary Sales Permit
Vacation of Right-of-Way/Easements (VAC)
(Additional recording fees may apply)
Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign — $200
(City to install and remove)
X Escrow for Filing Fees/Attorney Cost**
- $50 CUP/SPR/VAC/VAR/WAP/Metes & Bounds
- $450 Minor SUB /�Iq PPwcc r%+-
TOTAL FEE $ aSl
O ' Psi Ct:-a IGy
An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant
prior to the public hearing.
*Five (5) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced
copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
SCANNED
PROJECT NAME:
LOCATION:
LEGAL DESCRIPTION AND PID:
TOTAL ACREAGE:
WETLANDS PRESENT:
PRESENT ZONING:
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION:
YES NO
REQUESTED LAND USE DESIGNATION:
REASON FOR REQUEST:
FOR SITE PLAN REVIEW: Include number of existing employees:
and new employees:
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
1//,Vj 42� 41t-- ^-w (0
Signature dYApplicant r Date
o
Signaturelof Fee �J(�e�rr Date
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THE PRESERVE AT BLUFF CREEK 3RD ADDITION
20101049
June 9, 2010 Final Plat Areas
-----------------------------------------------------------------------
Parcel name: B1L1
Perimeter: 360.0000 Area: 7,200.00 sq.ft. 0.17 acres
---------------------------------------------------------------------------
Parcel name:
BI1,2
Perimeter:
391.9442
Area: 9,116.65
sq.ft. 0.21 acres
---------------------------------------------------------------------------
Parcel name:
BIL3
Perimeter:
360.0000
Area: 7,200.00
sq.ft. 0.17 acres
---------------------------------------------------------------------------
Parcel name:
B1L4
Perimeter:
Perimeter:
353.0955
Area: 7,130.54
sq.ft.
0.16 acres
-----------------------------------------------------------------------
Parcel name:
B2L1
Perimeter:
391-.1224
Area: 8,970.85
sq.ft. 0.21 acres
---------------------------------------------------------------------------
Parcel name: B2L2
Perimeter: 371.4795 Area: 7,687.50 sq.ft. 0.18 acres
---------------------------------------------------------------------------
Parcel name: B2L3
Perimeter: 360.0000 Area: 7,200.00 sq.ft. 0.17 acres
1
SCANNED
Parcel name: B2L4
Perimeter: 360.0000 Area: 7,200.00 sq.ft. 0.17 acres
---------------------------------------------------------------------------
Parcel name: B21,5
Perimeter: 360.0000 Area: 7,200.00 sq.ft. 0.17 acres
---------------------------------------------------------------------------
Parcel name:
B2L6
Perimeter:
360.0000
Area: 7,200.00
sq.ft. 0.17 acres
---------------------------------------------------------------------------
Parcel name:
B21.7
Perimeter:
360.0000
Perimeter:
411.3974
Area: 9,779.94
0.16 acres
sq.ft.
0.22 acres
------------------------------------------------------------------------
Parcel name:
B3L1
Perimeter:
360.0000
Area: 7,200.00
sq.ft. 0.17 acres
---------------------------------------------------------------------------
Parcel name: B3L2
Perimeter: 360.0000 Area: 7,200.00 sq.ft. 0.17 acres
---------------------------------------------------------------------------
Parcel name:
B41,1
Perimeter:
Perimeter:
358.0916
Area: 7,183.54
sq.ft.
0.16 acres
---------------------------------------------------------------------------
Parcel name:
B4112
Perimeter:
360.0000
Area: 7,200.00
sq.ft. 0.17 acres
YJ
SCAwRED
Parcel name: B4L3
Perimeter: 360.0000 Area: 7,200.00 sq.ft. 0.17 acres
------------------
Parcel name:
B4L4
-----------------------------------------
Perimeter:
360.0000
Area: 7,200.00
sq.ft. 0.17 acres
---------------------------------------------------------------------------
Parcel name:
B4L5
Perimeter:
360.0000
Area: 7,200.00
sq.ft. 0.17 acres
---------------------------------------------------------------------------
Parcel name:
B4L6
Perimeter:
346.2294
Area: 6,958.46
sq.ft. 0.16 acres
---------------------------------------------------------------------------
Parcel name:
B5L1
Perimeter:
345.8377
Area: 6,905.88
sq.ft. 0.16 acres
------------------------------------------------------------------------
Parcel name: B5L2
Perimeter: 350.0000 Area: 6,600.00 sq.ft. 0.15 acres
---------------------------------------------------------------------------
Parcel name:
B5L3
Perimeter:
350.0000
Area: 6,600.00
sq.ft. 0.15 acres
-----------------------------------------------------------------------
Parcel name:
B51,4
Perimeter:
369.5150
Area: 7,922.71
sq.ft.
0.18 acres
3
SCANNED
Parcel name: B61,1
Perimeter: 414.4945 Area: 9,234.35 sq.ft. 0.21 acres
---------------------------------------------------------------------------
Parcel name: B61,2
Perimeter: 409.8548 Area: 8,664.77 sq.ft. 0.20 acres
---------------------------------------------------------------------------
Parcel name: DEGLER CIRCLE
Perimeter: 704.0922 Area: 14,913.19 sq.ft. 0.34 acres
---------------------------------------------------------------------------
Parcel name: MILLS DRIVE
Perimeter: 1916.6060 Area: 53,865.41 sq.ft. 1.24 acres
---------------------------------------------------------------------------
Parcel name: OUTLOT A
Perimeter: 4213.3832 Area: 538,315.00 sq.ft. 12.36 acres
---------------------------------------------------------------------------
Parcel name:
OUTLOT B
Perimeter:
289.4534
Area: 2,926.62
sq.ft.
0.07 acres
---------------------------------------------------------------------------
Parcel name: OUTLOT C
Perimeter: 374.6054 Area: 5,551.11 sq.ft. 0.13 acres
--------------------------------------------------------------------------
Parcel name: RIVER ROCK DRIVE NORTH
Perimeter: 365.4506 Area: 7,362.27 sq.ft. 0.17 acres
---------------------------------------------------------------------------
Parcel name: TOTAL BOUNDARY
Perimeter: 4416.8258 Area: 812,088.78 sq.ft. 18.64 acres
4
SCANNED
02009 Westwood Profewional 9 cee, Inc.
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Vanelli)
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Site Impervious Coverage Calculation$
Total Site Area
79.86 3 ac.
Site Impervious Components:
Streets 8.J7 ac.
Sidewalks 1.24 ac.
Trails 1.68 ac.
Homes & Drives 10.61 ac.
Overall Impervious Coverage
22.11 ac. (277X)
Allowable Impervious Coverage
2J 96 ac. (30.0X)
Excess Impervious Coverage
1.85 ac. (80,586 s!)
Maximum Impervious Area /or Homes & Drives
12.67 ac. (551,905 sI)
(Excess coverage allotted to homesites)
Allowable impervious Coverage per Lot
J,6J1 s!
(551.905 s/ Maximum Homes and Drives area / 152 homes)
Additional Imp. Coverage Potential per Lot
571a s/
(J,63f s/ Maximum — 3,060 typical coverage)
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DATE:
Kate Aanenson, Community Development Director
Jerritt Mohn, Building Official
June 14, 2010
SUBJ: The Preserve at Bluff Creek (3d Addition)
Planning Case: 06-14
COMMENT: Previous comments dated Mar. 29, 2006 (provided below), with
exception of Item # 1 (street names have been submitted and
accepted), continue to apply.
No additional comments.
I have reviewed the plans for above project and offer the following comments,
which should be included in the conditions of approval:
1. The developer must submit a list of proposed street names for review and
approval prior to final plat of the property.
2. Demolition permits must be obtained before demolishing any structures on the
site.
3. A final grading plan and soils report must be to the Inspections Division before
permits can be issued.
4. Retaining walls over four feet high require a permit and must be designed by a
professional engineer.
5. Each lot must be provided with separate sewer and water services.
6. The developer and or their agent shall meet with the Inspections Division as
early as possible to discuss plan review and permit procedures.
G\PLAN\2006 Planning Cases\06-14 The Preserve\buildingofficialcomments3'daddition.doc
r
May 12, 2006
Dan Cook
Alyson/Terry/AlWerry/Todd H — The Preserve at Bluff Creek 3rd
Addition has been submitted for final plat approval at the July 12,
2010 City Council meeting. Please review these original conditions
to determine which ones still apply, have been met, not applicable in
this phase, or must be modified. Additionally, please provide any
new conditions based on review of the attached plans for this phase.
Please return your comments to Kate no later than Wednesday, June
30, 2010
The Pemtom Land Company
7697 Anagram Drive
Eden Prairie, MN 55345
Re: The Preserve — Planning Case 06-14
On Monday, May 8, 2006 the Chanhassen City Council approved the rezoning of
the land within the plat for "The Preserve" from Agricultural Estate District, A2, to
Planned Unit Development -Residential, PUD -R; approval of a conditional use
permit to permit development within the Bluff Creek Overlay District and alterations
within the flood plain; and approval of the preliminary plat for "The Preserve"
creating 155 lots, 15 outlots and right-of-way for public streets, plans prepared by
Westwood Professional Services, Inc., dated March 17, 2006, subject to the
following conditions:
1. The drainage and utility easement over the northern portion of Lift Station #24
must be vacated and filed upon final approval of the final plat.
2. The "Existing Conditions" plan must be revised to show the drainage and
utility easement that was granted to the City and contain trunk sanitary sewer
and watermain.
3. Prior to City Council consideration of the final plat, the applicant must
provide documentation indicating that the proposed right-of-way for Lyman
Boulevard meets Carver County's requirement.
4. The grading plan must identify the existing and proposed 100 -year floodplain.
5. Due to the anticipated timing of the final plat with respect to the timing of
formal approvals from FEMA, the proposed lots that are within the current
floodplain may be preliminary platted subject to FEMA approval of the
LOMR.
6. Any grading within the floodplain will require a Conditional Use Permit.
7. Catch basins on each side of all public streets must be no more than 300 feet
apart.
8. The proposed outlet for Wetland A must lie along the edge of the wetland.
ti
Mr. Dan Cook
May 12, 2006
Page 2 of 6
9. The storm sewer from Pond 1 must outlet to the wetland north of Pond 2 in order to maintain
hydrology to the wetland.
10. Storm sewer within Street J must be rerouted through the side yards within Block 3 and
outlet to Pond 2.
11. Hydraulic calculations must be submitted with the final plat submittals.
12. The legend on the final grading plan must identify the lowest floor elevation.
13. All buildings must be demolished before the second phase.
14. The final grading plan must show the top and bottom of wall elevations.
15. Any retaining wall four feet high or taller requires a building permit and must be designed by
an Engineer registered in the State of Minnesota.
16. The developer must work with staff to find the preferred sanitary sewer alignment west of
Block 3 prior to City Council consideration of the final plat.
17. The plan must be revised to show an 18 -inch diameter watermain on the south side of Lyman
Boulevard to the east property line.
18. The developer's engineer must submit a separate cost estimate for the watermain oversizing
along Lyman Boulevard with the final plat submittals.
19. To the maximum extent practicable, the trail along the east side of Bluff Creek must be
within close proximity of the manholes for the existing trunk sanitary sewer.
20. The lowest floor elevation of each unit must be shown on the utility plan.
21. The existing well and septic system must be properly removed and abandoned during site
grading and utility installation.
22. The developer must pay $15,776 in cash with the final plat for the pro -rated cost for the
preparation of the 2005 MUSA AUAR.
23. The outstanding assessments — $310,999.03 for 2005 MUSA roads and water, and
$162,976.08 for Highway 101/Lyman Boulevard/Highway 312/Highway 212 must be paid
with the final plat or reassessed to the lots and outlots for future development.
24. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are
collected with the building permit and are based on the rates in effect at the time of building
permit application. The party applying for the building permit is responsible for payment of
these fees.
All
` Mr. Dan Cook
May 12, 2006
Page 3 of 6
25. The City will construct Bluff Creek Boulevard Improvements to serve the development in
conjunction with public improvement project No. 06-05. The property within the plat will be
specially assessed for this project.
26. The development is subject to the arterial collector fee, which must be paid in cash with the
final plat.
27. Streets F and K must extend past Lot 6, Block 13 and Lot 1, Block 17, respectively to
provide adequate space for a vehicle to back out of the driveway and tum into the street.
28. Curbs on public streets will be high -back; curbs on private streets will be surmountable.
29. The sidewalk along the north side of Street H between Street A and Street I, and along the
north side of Street E must be eliminated.
30. Sidewalks adjacent to private streets and within privately owned outlots can be used by the
public.
31. The applicant will work with staff to discuss eliminating Lots 1 and 2, Block 11, and Lots I
through 5, Block 1.
32. The applicant shall revise the plan design to ensure adequate hydrology for Wetland 4 in the
post -development condition.
33. If the applicant wishes to pursue an exemption for impact to Wetland A, the applicant shall
furnish information to substantiate the exemption request. The applicant is advised that, even
if impacts would be exempt from WCA, they may not be exempt from the requirements of
the Army Corps of Engineers.
34. A wetland buffer with a minimum width of 16.5 feet shall be maintained around all wetlands
and wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in
accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge
signs, under the direction of City staff, before construction begins and shall pay the City $20 per
sign. All structures shall maintain a setback of at least 40 feet from the wetland buffer edge.
35. All structures shall maintain a 50 -foot setback from the ordinary high water level of Bluff
Creek. All structures shall maintain a minimum 40 -foot setback from the primary corridor.
No alterations shall occur within the primary corridor or within the first 20 feet of the setback
from the primary corridor. The 50 -foot setback, primary corridor boundary, 40 -foot structure
setback and 20 -foot grading setback shall be shown on the plans.
36. The applicant shall provide details for the proposed trail crossing of Bluff Creek. Minnesota
Department of Natural Resources (DNR) permits shall be obtained for all creek crossings. In
addition, the trail alignment shall be revised to cross Bluff Creek in the same location as the
sanitary sewer crossing. Immediately south of the creek crossing, the trail intersection shall
be redesigned to avoid impact to the trees.
Mr. Dan Cook
May 12, 2006
Page 4 of 6
37. The plans shall be revised to provide a lower EOF for Wetland A and a path to the west for
excess water that will not threaten proposed structures.
38. The EOF path for Pond 1 shall be revised to provide a more direct EOF routs from Pond 1 to
Wetland 4.
39. The proposed sanitary sewer and storm sewer outlet in the vicinity of Pond 2 shall be revised
to ensure: 1. The runoff from the outlet will not compromise the integrity of the sanitary
sewer; and 2. The sanitary sewer is not located below the normal water level (NWL) of Pond
2.
40. The outfall from Pond 3 shall not outlet upslope of the proposed trail.
41. The applicant shall clarify the avoidance of the drainage way to be preserved during the
construction of Pond 4 and, if possible, redesign the pond to provide additional storage and
treatment in lieu of avoiding the drainage way.
42. Pond 5 shall be constructed prior to the construction of all the areas that drain to it.
43. Drainage and utility easements (minimum 20 feet in width) shall be provided over all
existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds.
44. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the following table of slopes and time frames:
Type of Slone Time (Maximum time an area can
Steeper than 3:1 7 days remain open when the area
10:1 to 3:1 14 days is not actively being worked.)
Flatter than 10:1 21 days
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.
45. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as -needed.
46. The applicant shall be proactive in addressing potential run-on problems in the vicinity of the
extreme southeast comer of the property. This would potentially involve vertically tracking
equipment up and down the graded faces of the slope to increase roughness and prevent rilling.
Similar practices shall be used behind the homes along the central part of Outlot A.
47. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $242,760.
a
' Mr. Dan Cook
May 12, 2006
Page 5 of 6
48. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES
Phase II Construction Site Permit), Minnesota Department of Natural Resources (for
dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota
Department of Health) and comply with their conditions of approval.
49. The applicant shall demonstrate that the outlet pipe installation and elevation will not impact
the wetland.
50. If recommended by the Park and Recreation Commission, park fees shall be paid as per City
ordinance at the rate of final platting.
51. Tree protection fencing shall be installed prior to construction around all areas designated for
preservation and/or at the edge of proposed grading limits.
52. A walk-through inspection of the silt/tree preservation fence shall be required prior to
construction.
53. No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off.
54. A turf plan shall be submitted to the City indicating the location of sod and seeding areas.
55. Buffer plantings shall be installed along the east property line in the rear yards of Lots 7
through 16, Block 3 and Lots 1 through 5, Block 10.
56. Applicant shall remove Emerald Queen Norway maple from the planting schedule. The
applicant shall substitute another species with approval from the City.
57. A conservation easement shall be recorded over Outlot A.
58. The developer shall work with staff to develop and install appropriate markers at lot lines to
demarcate the primary zone.
59. The applicant shall submit a plan for the revegetation of any areas of grading within Outlot
A. The plan shall incorporate native plants and be consistent with the City's Bluff Creek
Natural Resources Management Plan Appendix C. Special attention should be paid to areas
with steep slopes (greater than 3:1). Staff recommends that the Hill Prairie planting list be
used for the restoration.
60. The applicant shall provide all design, engineering, construction and testing services required
of the `Bluff Creek Trail." All construction documents shall be delivered to the Park and
Recreation Director and City Engineer for approval prior to the initiation of each phase of
construction. The trail shall be 10 feet in width, surfaced with bituminous material and
constructed to meet all city specifications. The applicant shall be reimbursed for the actual
cost of construction materials for the Bluff Creek Trail. This reimbursement payment shall be
Mr. Dan Cook
May 12, 2006
Page 6 of 6
made upon completion and acceptance of the trail and receipt of an invoice documenting the
actual costs for the construction materials utilized in its construction.
61. Outlots A, B, L and N be conveyed to the city as public property by warranty deed.
62. The following items are to be addressed at final plat:
• Attention to garage door facades including n percent of doors with windows
• Color palate ( 4 minimum)
• Private streets and sidewalks,
• Percentage of future boilable area,
• Setbacks on corner lots
• Turnarounds at the end of private streets.
Attached are the requirements for final plat. Please feel free to call me at 952-227-1139 if you
have any questions.
Sincerely,
Kathryn R. Aanenson, AICP
Community Development Director
Enc.
c: Gayle & Lois Degler
gAplan\2006 planning caus\06-14 the prese eNpremliminary approval Itr.doc
MY OF
MEMORANDUM
CHANSEN
TO: Kate Aanenson, Community Development Director
7700 Market Boulevard
PO Box 147
FROM: Terry Jeffery, Water Resources Coordinator
Chanhassen, MN 55317
dated June 4, 2010 and offer the following comments and recommendations:
Fax: 952.227.1190
DATE: June 29, 2010
Administration
RE: The Preserve Yd Addition - Planning Case 06-14
Phone: 952.227.1100
Fax: 952.227.1110
BWWq lnspec6as
I have reviewed the plans prepared by Westwood Professional Services, Inc.
Phone: 952.227.1180
dated June 4, 2010 and offer the following comments and recommendations:
Fax: 952.227.1190
FINAL PLAT
Engineering
Phone: 952.227.1160
Wetlands
Fax: 952227.1170
The preliminary plat review indicated that any exemption to wetland impacts
Finance
would need to be presented to the City for review and acceptance. Because
Phone: 952.227.1140
impacts have already occurred as part of this development, no wetland
Faa:952,227.1110
exemptions will be applicable. However, having reviewed the plan set, it does not
appear that any additional wetland impacts are proposed with the Yd addition.
Park &Recreation
Phone: 952.2271120
Fax: 952.227.1110
Lots 1 through 4, Block 1 are all proximal to Wetland 5 and the adjacent wetland
mitigation area. As documented in Wetland Alteration Permit 06-20, the
ReaeagonCorrtor
mitigation area also included buffer as Public Value Credit. Per MN Wetland
2310 Cooper Boulevard
Conservation Act rules, the buffer must be 25 feet in urban areas. Buffer
Phone: 952227.1400
monuments must be placed before site grading begins. The signs are available
Fax: 952.227.1404
from the City for $20.00 each.
PFiorung 8
Lakes, Bluffs and Shoreland
Natural Resources
Phone: 952.227.1130
Bluff Creek runs from north to southwest of the Yd addition. This is a public
Fax: 952.227.1110
water and is subject to the shoreland rules. This requires that a 50 -foot setback
from the top of bank is required for all structures. This line needs to be shown on
Public Works
the plan set and the final plat.
1591 Park Road
Phone:9522271300
Grading and Erosion
Fax: 952.227.1310
A NPDES Phase II Construction Site Storm Water Permit will be required from
Senior Cel
the Minnesota Pollution Control Agency (MPCA) for this site. Proof of permit
Phone: 952.227.1125
acquisition should be provided to the City prior to the commencement of any
Fax: 952.227.1110
earth disturbing activities.
Web Site
www.ci.chanhassennn.us
Chanhassen is a Community for life - Providing for Today and Planning for Tomorrow
Kate Aanenson
June 29, 2010
Page 2 of 4
For the most part, the original plans appear adequate. However, the NPDES permit and the
City's Surface Water Management Plan have both been updated since the original submittal.
Bluff Creek needs to be identified as an impaired water for turbidity and fish IBI on the grading
and erosion control plans. This information should also be included in the SWPPP with the
caveat that no untreated water may be discharged to Bluff Creek and that any discharge must be
done such that it dissipates energy to the greatest extent practicable and does not create erosive
conditions and these discharge points and the SWPPP must be updated to include any associated
best management practices.
Areas of channelized or otherwise concentrated flows directed offsite must be stabilized over the
last 200 lineal feet. In particular, the swale between what are currently identified as Lots 1 and
2, Block 1 and Lots 3 and 4, Block 1 must be stabilized. This could be accomplished through the
use of sod, biorolls, blanket or another acceptable best management practice.
The City of Chanhassen has updated their standard detail plates. City Plate number 5300 has
been updated and the Grading Details sheet should be changed to reflect that. Also, under the
new NPDES Construction Permit, the amount of time a disturbed area may remain open has
changed. The SWPPP should be changed to reflect that as well. Those existing CBMH
structures which are down gradient of the proposed grading and at risk of receiving sediment or
sediment laden waters must have inlet protection measures installed. This also applies to those
CBMH which may be up -gradient of the construction entrance but are at risk of sediment input
due to construction traffic.
Surface Water Management Connection Charges
Water OualiN Fees
Because of the impervious surface associated with this development, the water quality fees for this
proposed development are based on single-family residential development rates of $2,540 per acre.
Assessable area is equal to the total area less that portion which is within Outlots A, B, and C. This
area equals 6.08 acres. Therefore, the gross water quality fees associated with this project are 6.08
acres multiplied by $2,540/acre or $15,443.20.
SWOP Credits
The overall project proposes the construction of three NURP basins. The third addition will be
directed to, and treated in, Pond 2. The applicant will be credited for 50% of the water quality
charge for each acre draining to a NURP basin on-site. With the exception of a portion of Lots 1
through 4, Block 1, all of the 3`d addition is treated. Credit for this treatment will be $6,908.80 or
[$2540(0.5)*5.44acj. The outlet structures with BMPs for rate control and the removal of
floatables have already been credited on earlier additions.
Water Quantity Fees
The SWMP has established a connection charge for the different land uses based on an average
citywide rate for the installation of water quantity systems. This cost includes land acquisition,
proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage in
addition to mitigation for flood damage. Single-family residential developments have a connection
GAENG\Teny\PIwninOO10\06-14 Reserve 3rdWRC Comments Preserve 3rd.dw
Kate Aanenson
June 29, 2010
Page 3 of 4
charge of $3,640 per developable acre. This results in a water quantity fee of $22,131.20 for the
proposed development.
The total net SWMP fee, due payable to the City at the time of final plat recording, is $30,665.60.
Drainage
The HydroCAD model was provided and reviewed with the original submittal. No significant
changes have occurred to site grading or storm sewer design. Therefore, there is no reason to
conclude that the modeled conditions no longer apply. It is noteworthy that the classification of
soils as Hydrologic Group B is suspect given the fills and cuts proposed for the site. However,
according to the provided calculations, Pond 2 exceeds the NPDES required permanent storage
volume by approximately 55%.
As was requested, Westwood provided the Rationale Storm Sewer Design Tabulation. Staff
reviewed the supplied information and based upon this information, the storm sewer design appears
adequate.
Bluff Creek Overlay District
The Preserve 3`d Addition is adjacent to the Bluff Creek Overlay District. The plans do not show
any of the required lines including the Primary Zone, the 40 foot structure setback and the 20 foot
grading setback. It appears that no lots are proposed within the overlay district but without the
depiction of the lines on the plan set it is difficult to determine.
Other Agencies
The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for
dewatering), Carver SWCD, Minnesota Department of Transportation, et al) and comply with their
conditions of approval.
CONDITIONS OF APPROVAL: FINAL PLAT
The following conditions should apply to the Final Plat approval.
1. Lots 1 through 4, Block 1 are all proximal to Wetland 5 and the adjacent wetland
mitigation area. As documented in Wetland Alteration Permit 06-20, the mitigation area
also included buffer as Public Value Credit. Per MN Wetland Conservation Act rules,
the buffer must be 25 feet in urban areas. Buffer monuments must be placed before site
grading begins. The signs are available from the City for $20.00 each.
2. All structures shall maintain a 50 -foot setback from the ordinary high water level of Bluff
Creek. All structures shall maintain a minimum 40 -foot setback from the primary corridor.
No alterations shall occur within the primary corridor or within the first 20 feet of the
setback from the primary corridor. The 50 -foot setback, primary corridor boundary, 40 -foot
structure setback and 20 -foot grading setback shall be shown on the plans.
3. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. These
areas include constructed storm water management pond slopes above the NWL, and any
exposed soil areas with a positive slope to a storm water conveyance system, such as a
GAENG\Tary\PI=ingt2010\06-14 Preserve 3rdIWRC Comments Preserve 3rd.dm
Kate Aanenson
June 29, 2010
Page 4 of 4
curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other
natural or manmade systems that discharge to a surface water. All exposed soil areas
shall have temporary erosion protection or permanent cover year round, according to the
current NPDES Permit for Small Construction Sites.
4. Areas of channelized or otherwise concentrated flows directed offsite must be stabilized
over the last 200 lineal feet. In particular, the swale between what are currently identified
as Lots 1 and 2, Block 1 and Lots 3 and 4, Block 1 must be stabilized.
5. Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as -needed.
6. City Plate Number 5300 has been updated and the Grading Details sheet should be
changed to reflect that.
7. Inlet protection shall be provided for any existing catch basins downgradient of disturbed
areas at risk of receiving sediment or sediment laden waters. Further, any catch basins
that are at risk of receiving sediment due to construction traffic shall also have inlet
protection provided.
8. Any proposed catch basins shall have inlet protection provided as soon as they are
connected until final stabilization is achieved.
9. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $30,665.60.
10. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency
(NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources
(for dewatering), Army Corps of Engineers, Minnesota Department of Transportation,
Minnesota Department of Health) and comply with their conditions of approval.
11. A turf establishment plan shall be submitted to the City indicating the location of sod and
seeding areas.
12. The developer shall work with staff to develop and install appropriate markers at lot lines
to demarcate the primary zone.
13. The applicant shall submit a plan for the revegetation of any areas of grading within
Outlot A. The plan shall incorporate native plants and be consistent with the City's Bluff
Creek Natural Resources Management Plan Appendix C. Special attention should be
paid to areas with steep slopes (greater than 3:1).
14. Drainage and utility easements (minimum 20 feet in width) shall be provided over all
existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water
ponds.
GAENG\Terry\PIwning\2010\06.14 Preserve 3rd\WRC Comments Preserve 3rd.doc
MY OF MEMORANDUM
AWIMM50
TO: Kate Aanenson, Community Development Director
7700 Market Boulevard
PC Box 147
FROM: Alyson Fauske, Assistant City Engineer
Chanhassen, MN 55317
The lots within the third addition were mass graded with the second addition in
Recreation Center
DATE: July 14, 2010
Administration
SUBJECT: Final Plat Review of The Preserve at Bluff Creek 3`d Addition
Phone: 952.227.1100
RETAINING WALLS
Fax: 952.227.1110
UTILITIES
Building Inspections
Upon review of the plans prepared by Westwood Professional Services, Inc.
Phone: 952.227.1180
received June 11, 2010, I have the following comments and recommendations:
Fax: 952.227.1190
plat. Lateral utilities to serve the future lots will be installed when the area is final
Phone: 952.227.1125
EASEMENTS AND RIGHT OF WAY
Engineering
Phone: 952.227.1160
Blanket drainage and utility easements will be platted over Outlets B and C.
Fax: 952.227.1170
Private utilities (e.g. storm sewer that only conveys runoff from a private street)
Rrence
within outlots shall be owned and maintained by the association.
Phone: 952227.1140
inch lateral and the 18 -inch trunk watermain with final plat approval of that area
Fax: 952.227.1110
Public streets will be within a 60 -foot wide right of way.
Park &Reaeabon
GRADING AND DRAINAGE
Phone: 952.227.1120
Mills Drive. The maximum height of this retaining wall is four feet. There may
Fax:952.227.1110
The lots within the third addition were mass graded with the second addition in
Recreation Center
order to balance the earthwork.
2310 Coulter Boulevard
platted.
Phone: 952.227.1400
RETAINING WALLS
Fax: 952227.1404
UTILITIES
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
A 245 -foot long retaining wall is proposed on the east property line, north of
Planning&
Mills Drive. The maximum height of this retaining wall is four feet. There may
Nadal Resources
Phone: 952.227.1130
be an opportunity to reduce the height of this wall or eliminate this wall when the
Fax: 952227.1110
property to the east, develops. This wall will not be constructed until the lots are
platted.
Public Works
1591 Park Road
UTILITIES
Phone: 952227.1300
Fax: 952227.1310
Lateral sanitary sewer and watermain will be installed within Phase 3 of the final
Senior Center
plat. Lateral utilities to serve the future lots will be installed when the area is final
Phone: 952.227.1125
platted.
Fax:952.227.1110
When the area south of Lyman Boulevard is final platted, an 18 -inch diameter
Web Site
watermain must be installed on the south side of Lyman Boulevard to the east
www.ci.chanhassen.mn.us
property line. The developer will be reimbursed the cost difference between an 8 -
inch lateral and the 18 -inch trunk watermain with final plat approval of that area
of the development.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
The Preserve at Bluff Creek Yd Addition Final Plat
Page 2 of 5
Homes with a low floor elevation of 935' or lower will require a pressure reducing valve within
the house.
The developer will be responsible for extending lateral sewer and water service to the lots,
therefore the sanitary sewer and water connection charges will be waived.
The assessments for the 2005 MUSA improvements were paid in full with the first phase.
Each new lot is subject to the sanitary sewer and water hookup charges. A portion of these fees
is collected with the final plat and is calculated as follows:
SAC fee partial payment: 25 units x $608.00/unit = $15,200.00
WAC fee partial payment: 25 units x $1,618.00/unit = $40,450.00
The remainder of these fees will be collected with the building permit and are based on the rates
in effect at the time of building permit application. Based on the 2010 fees, this amounts to
$1,418.00/unit for the SAC fee and $3,775.00/unit for the WAC fee. The party applying for the
building permit is responsible for payment of these fees.
STREETS
The development is subject to the arterial collector fee, which must be paid in cash with the final
plat and is calculated as follows:
4.34 developable acres x $2,400/acre = $10,416.00
Future phases of the development will be subject to this fee at the rate in effect at the time of
final plat.
The plat must be revised to reflect that private streets will lie within outlots, not public right-of-
way.
The developer will construct five-foot wide concrete sidewalks on both sides of River Rock
Drive.
The developer should consider the location of the garages and driveway configurations on Lots
12 and 3, Block 1 when coordinating the street light installation at the corner of Mills Drive and
Degler Circle.
A temporary hammerhead turnaround must be installed at the terminus of Degler Circle within
the third addition. This turnaround shall be removed when the adjacent area is final platted and
Degler Circle is extended.
All dead end streets must be barricaded according to the Minnesota Uniform Traffic Control
Device Manual.
gAeng\projects\t-Athe preserve 3rd\07-12-10 fpr.docx
The Preserve at Bluff Creek 3'd Addition Final Plat
Page 3 of 5
RECOMMENDED CONDITIONS OF APPROVAL
Staff recommends approval of the final plat for The Preserve at Bluff Creek Yd Addition subject
to the following conditions:
1. The drainage and utility easement over the northern portion of Lift Station #24 must be
vacated and filed upon final approval of the final plat. This condition no longer applies.
2. The "Existing Conditions" plan must be revised to show the drainage and utility
easement that was granted to the City and contain trunk sanitary sewer and watermain.
This condition has been met.
3. Prior to City Council consideration of the final plat, the applicant must provide
documentation indicating that the proposed right of way for Lyman Boulevard meets
Carver County's requirement. This condition has been met.
4. The grading plan must identify the existing and proposed 100 -year floodplain. This
condition has been met.
5. Due to the anticipated timing of the final plat with respect to the timing of formal
approvals from FEMA, the proposed lots that are within the current floodplain may be
preliminary platted subject to FEMA approval of the LOMR. This condition still
applies.
6. Any grading within the floodplain will require a Conditional Use Permit. This condition
no longer applies.
7. Catch basins on each side of all public streets must be no more than 300 feet apart. This
condition has been met.
8. The proposed outlet for Wetland A must lie along the edge of the wetland. This
condition has been met.
9. The storm sewer from Pond 1 must outlet to the wetland north of Pond 2 in order to
maintain hydrology to the wetland. This condition no longer applies.
10. Storm sewer within Street J must be rerouted through the sideyards within Block 3 and
outlet to Pond 2. This condition does not apply to this addition.
11. Hydraulic calculations must be submitted with the final plat submittals. This condition
has been met.
12. The legend on the final grading plan must identify the lowest floor elevation. This
condition has been met.
13. All buildings must be demolished before site grading commences. This condition has
been met.
14. The final grading plan must show the top and bottom of wall elevations. This condition
has been met.
gieng\projects\t-z\the preserve 3rd\07-12-10 fpcdocx
The Preserve at Bluff Creek 3rd Addition Final Plat
Page 4 of 5
15. Any retaining wall four feet high or taller requires a building permit and must be
designed by an Engineer registered in the State of Minnesota. This condition still
applies.
16. The developer must work with staff to find the preferred sanitary sewer alignment west of
Block 3 prior to City Council consideration of the final plat. This condition has been
met.
17. The plan must be revised to show an 18 -inch diameter watermain on the south side of
Lyman Boulevard to the east property line. This condition has been met.
18. The developer's engineer must submit a separate cost estimate for the watermain
oversizing along Lyman Boulevard with the final plat submittals. This condition has
been met.
19. To the maximum extent practicable, the trail along the east side of Bluff Creek must be
within close proximity of the manholes for the existing trunk sanitary sewer. This
condition has been met.
20. The lowest floor elevation of each unit must be shown on the utility plan. This condition
has been met.
21. The existing well and septic system must be properly removed and abandoned during site
grading and utility installation. This condition has been met.
22. The developer must pay $14,365.00 in cash with the final plat for the pro -rated cost for
the preparation of the 2005 MUSA AUAR. This condition has been met.
23. The outstanding assessments- $310,999.03 for 2005 MUSA roads and water, and
$162,976.08 for Highway 101/Lyman Boulevard/Highway 312/Highway 212 must be
paid with the final plat or reassessed to the lots and outlots for future development. This
condition has been met.
24. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are
collected with the building permit and are based on the rates in effect at the time of
building permit application. The party applying for the building permit is responsible for
payment of these fees. Revised as follows: The developer must pay $15,200 for the
partial payment of the SAC fees and $40,500 for the partial payment of the WAC
fees with the final plat. The remainder of these fees will be collected with the
building permit and are based on the rates in effect at the time of building permit
application. Based on the 2010 fees, this amounts to $1,418.00/unit for the SAC fee
and $3,775.00/unit for the WAC fee. The party applying for the building permit is
responsible for payment of these fees.
25. The City will construct Bluff Creek Boulevard Improvements to serve the development in
conjunction with public improvement project no. 06-05. The property within the plat will
be specially assessed for this project. This condition no longer applies.
g1eng\projects\t-z\the preserve 3rdW-12-10 fpr.docx
The Preserve at Bluff Creek 3r" Addition Final Plat
Page 5 of 5
26. The development is subject to the arterial collector fee, which must be paid in cash with
the final plat. Revised as follows: The arterial collector fee for this phase is
$10,416.00 and must be paid in cash with the final plat.
27. Streets F and K must extend past Lot 6, Block 13 and Lot 1, Block 17, respectively to
provide adequate space for a vehicle to back out of the driveway and turn into the street.
This condition has been met.
28. Curbs on public streets will be high -back; curbs on private streets will be surmountable.
This condition no longer applies.
29. The sidewalk along the north side of Street H between Street A and Street A, and along
the north side of Street E must be eliminated. This condition no longer applies.
30. Sidewalks adjacent to private streets and within privately owned outlots can be used by
the public. This condition still applies.
31. The plat must be revised to reflect that private streets will lie within outlots, not
public right-of-way.
32. The developer should consider the location of the garages and driveway
configurations on Lots 12 and 3, Block 1 when coordinating the street light
installation at the corner of Mills Drive and Degler Circle.
33. A temporary hammerhead turnaround must be installed at the terminus of Degler
Circle within the third addition. This turnaround shall be removed when the
adjacent area is final platted and Degler Circle is extended.
34. All dead end streets must be barricaded according to the Minnesota Uniform
Traffic Control Device Manual.
g:\eng\projects\t-z\the preserve 3rd\07-12-10 fpr.dmx
May 12, 2006
Dan Cook
Alyson/Terry/Jill/Jerry/Todd H — The Preserve at Bluff Creek 3`d
Addition has been submitted for final plat approval at the July 12,
2010 City Council meeting. Please review these original conditions
to determine which ones still apply, have been met, not applicable in
this phase, or must be modified. Additionally, please provide any
new conditions based on review of the attached plans for this phase.
Please return your comments to Kate no later than Wednesday, June
30, 2010
The Pemtom Land Company
7697 Anagram Drive
Eden Prairie, MN 55345
Re: The Preserve — Planning Case 06-14
Dear Mr. Cook:
On Monday, May 8, 2006 the Chanhassen City Council approved the rezoning of
the land within the plat for "The Preserve" from Agricultural Estate District, A2, to
Planned Unit Development -Residential, PUD -R; approval of a conditional use
permit to permit development within the Bluff Creek Overlay District and alterations
within the flood plain; and approval of the preliminary plat for "The Preserve"
creating 155 lots, 15 outlots and right-of-way for public streets, plans prepared by
Westwood Professional Services, Inc., dated March 17, 2006, subject to the
following conditions:
1. The drainage and utility easement over the northern portion of Lift Station #24
must be vacated and filed upon final approval of the final plat.
2. The "Existing Conditions" plan must be revised to show the drainage and
utility easement that was granted to the City and contain trunk sanitary sewer
and watermain.
3. Prior to City Council consideration of the final plat, the applicant must
provide documentation indicating that the proposed right-of-way for Lyman
Boulevard meets Carver County's requirement.
4. The grading plan must identify the existing and proposed 100 -year floodplain.
5. Due to the anticipated timing of the final plat with respect to the timing of
formal approvals from FEMA, the proposed lots that are within the current
floodplain may be preliminary platted subject to FEMA approval of the
LOMR.
6. Any grading within the floodplain will require a Conditional Use Permit.
7. Catch basins on each side of all public streets must be no more than 300 feet
apart.
8. The proposed outlet for Wetland A must lie along the edge of the wetland.
Mr. Dan Cook
May 12, 2006
Page 2 of 6
9. The storm sewer from Pond 1 must outlet to the wetland north of Pond 2 in order to maintain
hydrology to the wetland.
10. Storm sewer within Street J must be rerouted through the side yards within Block 3 and
outlet to Pond 2.
11. Hydraulic calculations must be submitted with the final plat submittals.
12. The legend on the final grading plan must identify the lowest floor elevation.
13. All buildings must be demolished before the second phase.
14. The final grading plan must show the top and bottom of wall elevations.
15. Any retaining wall four feet high or taller requires a building permit and must be designed by
an Engineer registered in the State of Minnesota.
16. The developer must work with staff to find the preferred sanitary sewer alignment west of
Block 3 prior to City Council consideration of the final plat.
17. The plan must be revised to show an 18 -inch diameter watermain on the south side of Lyman
Boulevard to the east property line.
18. The developer's engineer must submit a separate cost estimate for the watermain oversizing
along Lyman Boulevard with the final plat submittals.
19. To the maximum extent practicable, the trail along the east side of Bluff Creek must be
within close proximity of the manholes for the existing trunk sanitary sewer.
20. The lowest floor elevation of each unit must be shown on the utility plan.
21. The existing well and septic system must be properly removed and abandoned during site
grading and utility installation.
22. The developer must pay $15,776 in cash with the final plat for the pro -rated cost for the
preparation of the 2005 MUSA AUAR.
23. The outstanding assessments — $310,999.03 for 2005 MUSA roads and water, and
$162,976.08 for Highway 101/Lyman Boulevard/Highway 312/Highway 212 must be paid
with the final plat or reassessed to the lots and outlots for future development.
24. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are
collected with the building permit and are based on the rates in effect at the time of building
permit application. The party applying for the building permit is responsible for payment of
these fees.
Mr. Dan Cook
May 12, 2006
Page 3 of 6
25. The City will construct Bluff Creek Boulevard Improvements to serve the development in
conjunction with public improvement project No. 06-05. The property within the plat will be
specially assessed for this project.
26. The development is subject to the arterial collector fee, which must be paid in cash with the
final plat.
27. Streets F and K must extend past Lot 6, Block 13 and Lot 1, Block 17, respectively to
provide adequate space for a vehicle to back out of the driveway and turn into the street.
28. Curbs on public streets will be high -back; curbs on private streets will be surmountable.
29. The sidewalk along the north side of Street H between Street A and Street I, and along the
north side of Street E must be eliminated.
30. Sidewalks adjacent to private streets and within privately owned outlots can be used by the
public.
31. The applicant will work with staff to discuss eliminating Lots 1 and 2, Block 11, and Lots 1
through 5, Block 1.
32. The applicant shall revise the plan design to ensure adequate hydrology for Wetland 4 in the
post -development condition.
33. If the applicant wishes to pursue an exemption for impact to Wetland A, the applicant shall
furnish information to substantiate the exemption request. The applicant is advised that, even
if impacts would be exempt from WCA, they may not be exempt from the requirements of
the Army Corps of Engineers.
34. A wetland buffer with a minimum width of 16.5 feet shall be maintained around all wetlands
and wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in
accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge
signs, under the direction of City staff, before construction begins and shall pay the City $20 per
sign. All structures shall maintain a setback of at least 40 feet from the wetland buffer edge.
35. All structures shall maintain a 50 -foot setback from the ordinary high water level of Bluff
Creek. All structures shall maintain a minimum 40 -foot setback from the primary corridor.
No alterations shall occur within the primary corridor or within the first 20 feet of the setback
from the primary corridor. The 50 -foot setback, primary corridor boundary, 40 -foot structure
setback and 20 -foot grading setback shall be shown on the plans.
36. The applicant shall provide details for the proposed trail crossing of Bluff Creek. Minnesota
Department of Natural Resources (DNR) permits shall be obtained for all creek crossings. In
addition, the trail alignment shall be revised to cross Bluff Creek in the same location as the
sanitary sewer crossing. Immediately south of the creek crossing, the trail intersection shall
be redesigned to avoid impact to the trees.
Mr. Dan Cook
May 12, 2006
Page 4 of 6
37. The plans shall be revised to provide a lower EOF for Wetland A and a path to the west for
excess water that will not threaten proposed structures.
38. The EOF path for Pond 1 shall be revised to provide a more direct EOF route from Pond 1 to
Wetland 4.
39. The proposed sanitary sewer and storm sewer outlet in the vicinity of Pond 2 shall be revised
to ensure: 1. The runoff from the outlet will not compromise the integrity of the sanitary
sewer; and 2. The sanitary sewer is not located below the normal water level (NWQ of Pond
2.
40. The outfall from Pond 3 shall not outlet upslope of the proposed trail.
41. The applicant shall clarify the avoidance of the drainage way to be preserved during the
construction of Pond 4 and, if possible, redesign the pond to provide additional storage and
treatment in lieu of avoiding the drainage way.
42. Pond 5 shall be constructed prior to the construction of all the areas that drain to it.
43. Drainage and utility easements (minimum 20 feet in width) shall be provided over all
existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds.
44. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the following table of slopes and time frames:
Tvoe of Slone
Time (Maximum time an area can
Steeper than 3:1
7 days remain open when the area
10:1 to 3:1
14 days is not actively being worked.)
Flatter than 10:1
21 days
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.
45. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as -needed.
46. The applicant shall be proactive in addressing potential run-on problems in the vicinity of the
extreme southeast comer of the property. This would potentially involve vertically tracking
equipment up and down the graded faces of the slope to increase roughness and prevent rilling.
Similar practices shall be used behind the homes along the central part of Outlot A.
47. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $242,760.
Mr. Dan Cook
May 12, 2006
Page 5 of 6
48. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES
Phase 11 Construction Site Permit), Minnesota Department of Natural Resources (for
dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota
Department of Health) and comply with their conditions of approval.
49. The applicant shall demonstrate that the outlet pipe installation and elevation will not impact
the wetland.
50. If recommended by the Park and Recreation Commission, park fees shall be paid as per City
ordinance at the rate of final platting.
'Sk Tree protection fencing shall be installed prior to construction around all areas designated for
preservation and/or at the edge of proposed grading limits. /`lam
SS„A walk-through inspection of the silt/tree preservation fence shall be required prior to
construction. N& "VU -L& -6(A-
53.
VU-c0.b(.c
53. No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off. '$h l l o u --
5Q, A turf plan shall be subpitttted to e-Cittyy
indicating the location of sod and seeding areas.
fjv,ted; 55. Buffer plantings shall be installed along the east property line in the rear rear yards of Lots 1` (aired Z/
f&11 ask $gets
56. Applicant shall remove from the planting schedule. The
applicant shall substitute another species with approval from the City.
57. A conservation easement shall be recorded over Oudot A. ks 6eK vve��
58. The developer shall work with staff to develop and install appropriate markers at lot lines to
demarcate the primary zone.
59. The applicant shall submit a plan for the revegetation of any areas of grading within Outlot
A. The plan shall incorporate native plants and be consistent with the City's Bluff Creek
Natural Resources Management Plan Appendix C. Special attention should be paid to areas
with steep slopes (greater than 3:1). Staff recommends that the Hill Prairie planting list be
used for the restoration.
60. The applicant shall provide all design, engineering, construction and testing services required
of the `Bluff Creek Trail" All construction documents shall be delivered to the Park and
Recreation Director and City Engineer for approval prior to the initiation of each phase of
construction. The trail shall be 10 feet in width, surfaced with bituminous material and
constructed to meet all city specifications. The applicant shall be reimbursed for the actual
cost of construction materials for the Bluff Creek Trail. This reimbursement payment shall be
Mr. Dan Cook
May 12, 2006
Page 6 of 6
made upon completion and acceptance of the trail and receipt of an invoice documenting the
actual costs for the construction materials utilized in its construction.
61. Outlots A, B, L and N be conveyed to the city as public property by warranty deed.
62. The following items are to be addressed at final plat:
• Attention to garage door facades including n percent of doors with windows
• Color palate (4 minimum)
• Private streets and sidewalks,
• Percentage of future boilable area,
• Setbacks on corner lots
• Turnarounds at the end of private streets.
Attached are the requirements for final plat. Please feel free to call me at 952-227-1139 if you
have any questions.
Sincerely,
Kathryn R. Aanenson, AICP
Community Development Director
Enc.
c: Gayle & Lois Degler
gAplan\2006 planning c m\06-14 the pmerv6prern iminary approval ltr.doc
Construction Plans �
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Chanhassen, Minnesota
Prepared for:
Chanhassen Residential Development Partners, LLC
One Corporate Center M, Suite 300
7300 Metro Blvd.
Edina, Minnesota 55439-2302
Contact Todd Baumgartner
Phone: (952) 897-1707
Fax: (952) 897-3534
Prepared by.
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Phone: (952) 897-1707
Fax: (952) 897-3534
Prepared by.
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Project number: 40037110
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Prepared for:
Chanhassen Residential Development Partners, LLC
One Corporate Center III, Suite 300
7300 Metro Blvd
Edina, Minnesota 55439-2302
Contact: Todd Baumgartner
Phone: (952) 897-1707
Fax (952) 897534
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April 6, 2006
Wenck Associates, Inc.
1800 Pioneer Creek Center
P.O. Boz 249
Maple Plain, MN 55359-0249
(763) 479-0200
Fax (763) 479-4242
E-mail: mnckmp@w k.com
CANDIDATE LOCATIONS FOR INTERSECTION ON LYMAN BLVD. WITH NEW
NORTH -SOUTH COLLECTOR BASED ON SIGHT DISTANCES
Purpose: Sight distances along Lyman Blvd. have been surveyed between the Bluff Creek
crossing and Powers Blvd. in order to determine locations that provide adequate sight distance
for an intersection with the planned north -south collector that would extend to the south.
Sight distance criteria: The speed limit on this portion of Lyman Blvd. is 50 mph. For this
speed condition, Figure 5-2.02G in the Mn/DOT Road Design Manual indicates need for an
intersection comer sight distance of 1,000 feet.
Sight distance survey results: Using Mn/DOT's intersection sight distance parameters, sight
distance measurements along Lyman Blvd. between the Bluff Creek crossing and Powers Blvd.
produced the following results:
a) Sight distances of at least 1,000 feet are available to/from the east and west along
Lyman Blvd. for a potential collector intersection anywhere between the Bluff Creek
crossing and the west property line for the Dorsey property.
b) Between the west Dorsey property line and Sunset Trail, the sight distance to/from
the west is greater than 1,000 feet, but the sight distance to/from the east is less than
1,000 feet. The restriction to/from the east is caused by the hill on Lyman Blvd.
c) For a short distance east of Sunset Trail, the sight distance is less than 1,000 feet
to/from both the east and west.
d) Farther east of Sunset Trail over the full remaining distance to Powers Blvd., the
sight distance to/from the east is greater than 1,000 feet, but is less than 1,000 feet
to/from the west.
Conclusions: To meet Mn/DOT's intersection sight distance guidelines and, therefore, to
provide adequate safety for the future intersection of Lyman Blvd. and the planned north -south
collector, the intersection should be located somewhere between the Bluff Creek crossing and
the Dorsey west property line.
MEMORANDUM
Date: May 4, 2006
W
Re: Dorsey alternative design for The Preserve
westwoo) File 20031110
To: City of Chanhassen City Council and Staff
From: Westwood Professional Services, Inc., Project Consultants
City of Chanhassen Council members and staff,
Westwood Pmfe"lowl Services
7699 Ana9am Drive
Eden Prane, Ma 55344
FIRIR 952-937-5150
FAX 952-937-5822
TOLL FREE 1.888-937-5150
FMA1. vvps*A tw Odps.c 11
cow' LvWtAROpdpS.Wn
Our client, Pemtom Land Company, along with Ryland Homes has been working
diligently over the past few months to bring you an innovative new neighborhood
we're entitling "The Preserve". We have developed a neighborhood layout that has
been carefully analyzed by city staff, and has been found to address both city and
developer goals. The City of Chanhassen Planning Commission heard our proposal
for The Preserve on April 18t, 2006. Our plan was well presented by city staff and
well received by the planning commission- As a result, The Preserve was granted
preliminary plat approval unanimously.
Some discussion was held at the planning commission in regards to comments made
by Rick Dorsey, the adjacent landowner to the east. Mr. Dorsey and his consultant,
Jim Benshoof with Wenck Associates had issue with the lack of a North/South
collector road connecting Bluff Creek Boulevard with Lyman Boulevard Mr. Dorsey
indicated that he would like to see this collector shown within our project. City staff
responded to his objection, indicating that this future connection would be best located
on Mr. Dorsey's land (when he develops) for a number of reasons. The planning
commission deferred to staffs experience on this matter, and agreed with staffs
assessment regarding the appropriate location for said collector.
Subsequently, we have received the enclosed sketch prepared by Mr. Dorsey that
proposes a complete redesign of our project to accommodate a north/south collector
road. An analysis of Mr. Dorsey's alternative design has been performed by our land
planners, engineers, and traffic engineers. Please refer to the attached exhibit
illustrating the numerous problems that this redesign would entail. They are broken
out as follows:
A. The proposed intersection with Bluff Creek Boulevard as shown does not
function. The intersection as shown poses an awkward geometric layout that
would need to be addressed. In addition, the spacing of the illustrated
intersection with Street B would be below the 1/8 mile recommended spacing.
ESTA81.ISHED IN 1972 MIN OTIESMETRO RQWD IRA I
W
Westwood
May 4, 2006
Page 2
B. Alignment of a north/south collector as shown would result in the undesirable
situation where more lots would be double fronted. Adequate buffer yards
would not be achievable in this location.
C. The alignment shown disregards the large wetland that exists in this area. The
amount of wetland fill that would be required is problematic. Such wetland fill
is regulated under federal law (Wetland Conservation Act of 1991).
Sequencing alternatives would be required to show that avoidance is not
possible. The current layout of The Preserve indicates that avoidance is indeed
possible.
D. A future connection stub in the location shown would create a difficult comer
to utilize within the Dorsey property, and would likely require the remaining
portion of any wetland to be filled completely.
E. The `17' intersection created effectively eliminates the important private park
space within our plan. The Parks department has voiced its opinion that these
open spaces are important. We have already eliminated two lots per staff and
parks comment to double the size of our private park.
F. Our cluster approach to the development pattern is keyed on the idea of
reducing the overall development footprint Reducing impervious areas is a
critical element of this, and the sketch shown creates more impervious
surfacing.
G. Ryland Homes designed a special home style specifically for coma lots that
places the garage in the back and loads from the side. The Dorsey sketch
creates comer lots that would not be able to utilize this unique home design, as
garages would not be able to access directly onto the north/south collector.
H. The Dorsey sketch shows the replacement of high quality walk -out style lots
along the property edge with rambler style homes that "side up to" a collector
roadway. The lack of adequate side yard buffer to this collector severely
reduces the marketability of these lots when compared to our design.
I. Attenuating vertical curves for site and stopping distance for a collector
roadway may have the following impacts:
a. Excessive amounts of excavation and embankments may be generated.
b. Retaining walls would likely be required.
c. Grading efforts would not be confined to our property but would extend
into the Dorsey property. This grading may negatively impact his
future ability to develop his property in an effective manna.
J. The Dorsey sketch shows an increased number of street connections to the
collector, essentially every 250 feet. We would anticipate that city staff may
have issue with this design, as traffic patterns and flow on the collector would
be less than desirable. As an alternative, disconnecting the private streets
would not be achievable due to the lack of turnaround areas and internal traffic
flow restrictions.
K. The existing topography at this touchdown point is a major "disqualifier" for
this proposed alignment. The amount of grading effort involved to make this
ESTABLISHED IN 1972 planning> engineering> surveying
May 4, 2006
Page 3
��. connection to Lyman at this point is substantial, with over 10+ feet of fill in the
county ditch as a result. Additionally, any necessary utility improvements that
would normally be constructed in association with a north/south collector stmt
YYestiHood would not be allowed on the Dorsey property.
The above issues are the product of our initial analysis. Additional issues would likely
come to surface as further investigation would occur.
We feel strongly that our proposed design is the most appropriate development pattern
for this special site. Again, we have worked conscientiously with city staff to refine
our neighborhood design for the better. We feel the city may be heading down a
"slippery slope" if the city allows anyone to bring forward a design "they like better".
As a development team, we are especially concerned with the precedent this would
establish for future growth in this city.
We respectfully request that the City Council is mindful of the conscientious work by
city staff, the recommendation of approval by the Planning Commission, and finally
consider the above points when Mr. Dorsey addresses the council on this issue.
Sincerely,
Westwood Professional Services, Inc.
Planner
Eamon, Pr fessional Engineer
Klugman, Traffic Enginedu
Enc. Exhibit A
ESI AD LIS HE U I N 1 9/ 2 pluming > engineering > surveying
WDDate:
Westwood
MEMORANDUM
May 1, 2006
Dorsey alternative design for The Preserve
File 20031110
City of Chanhassen City Council and Staff
From: Westwood Professional Services, Inc., Project Consultants
City of Chanhassen Council members and staff,
tl11lwoed"essio", 5— ms
7699 Ar 1. 0, .
Eden None. MN 5534s
uue
952-137 51 50
un 952-9313812
+ou nu 1.883931.540
N'W W.YR .=dGf ,.
Our client, Pemtom Land Company, along with Ryland Homes has been working
diligently over the past few months to bring you an innovative new neighborhood
we're entitling "The Preserve". We have developed a neighborhood layout that has
been carefully analyzed by city stall and has been found to address both city and
developer goals. The City of Chanhassen Planning Commission heard our proposal
for The Preserve on April 18th, 2006. Our plan was well presented by city staff and
well received by the planning commission. As a result, The Preserve was granted
preliminary plat approval unanimously.
Some discussion was held at the planning commission in regards to comments made
by Rick Dorsey, the adjacent landowner to the east. Mr. Dorsey and his consultant,
Jim Benshoof with Wenck Associates had issue with the lack of a North/South
collector road connecting Bluff Creek Boulevard with Lyman Boulevard. Mr. Dorsey
indicated that he would like to see this collector shown within our project. City staff
responded to his objection, indicating that this future connection would be best located
on Mr. Dorsey's land (when he develops) for a number of reasons. The planning
commission deferred to staff's experience on this matter, and agreed with staff's
assessment regarding the appropriate location for said collector.
Subsequently, we have received the enclosed sketch prepared by Mr. Dorsey that
proposes a complete redesign of our project to accommodate a north/south collector
road. An analysis of Mr. Dorsey's alternative design has been performed by our land
planners, engineers, and traffic engineers. Please refer to the attached exhibit
illustrating the numerous problems that this redesign would entail. They are broken
out as follows:
A. The proposed intersection with Bluff Creek Boulevard as shown does not
function. The intersection as shown poses an awkward geometric layout that
would need to be addressed. Plans proposed by the city's consultant, Kin -ley
Hom, indicated that a roundabout is planned for the intersection of the
north/south collector and Bluff Creek Blvd on the Dorsey property. If this
roundabout were to be moved to this project, the intersection spacing with
:.: 9E8g1 a1Es�no n nauo W111L#D
May 1, 2006
Page 2
planning > engineering > surveying
Street B as shown would be less than 600' and significant loss of lots would
W
result.
B.
Alignment of a north/south collector as shown would result in the undesirable
Westwood
situation where more lots would be double fronted. Adequate buffer yards
would not be achievable in this location.
C.
The alignment shown disregards the large wetland that exists in this area The
amount of wetland fill that would be required is problematic. Such wetland fill
is regulated under federal law (Wetland Conservation Act of 1991).
Sequencing alternatives would be required to show that avoidance is not
possible. The current layout of The Preserve indicates that avoidance is indeed
possible.
D.
A future connection stub in the location shown would create a difficult comer
to utilize within the Dorsey property, and would likely require the remaining
portion of any wetland to be filled completely.
E.
The 4el" intersection created effectively eliminates the important private park
space within our plan. The Parks department has voiced its opinion that these
open spaces are important. We have already eliminated two lots per staff and
parks comment to double the size of our private park
F.
Our cluster approach to the development pattern is keyed on the idea of
reducing the overall development footprint. Reducing impervious areas is a
critical element of this, and the sketch shown creates more impervious
surfacing.
G.
Ryland Homes designed a special home style specifically for comer lots that
places the garage in the back and loads from the side. The Dorsey sketch
creates comer lots that would not be able to utilize this unique home design, as
garages would not be able to access directly onto the north/south collector.
H.
The Dorsey sketch shows the replacement of high quality walk -out style lots
along the property edge with rambler style homes that "side up to" a collector
roadway. The lack of adequate side yard buffer to this collector severely
reduces the marketability of these lots when compared to our design.
I.
Attenuating vertical curves for site and stopping distance for a collector
roadway may have the following impacts:
a Excessive amounts of excavation and embankments may be generated.
b. Retaining walls would likely be required.
c. Grading efforts would not be confined to our property but would extend
into the Dorsey property. This grading may negatively impact his
future ability to develop his property in an effective manner.
I
The Dorsey sketch shows an increased number of street connections to the
collector, essentially every 250 feet. We would anticipate that city staff may
have issue with this design, as traffic patterns and flow on the collector would
be less than desirable. As an alternative, disconnecting the private streets
would not be achievable due to the lack of turnaround areas and internal traffic
flow restrictions.
planning > engineering > surveying
May 1, 2006
Page 3
WK. The existing topography at this touchdown point is a major "disqualifier" for
this proposed alignment. The amount of grading effort involved to make this
connection to Lyman at this point is substantial. Over 10+ feet of fill in the
Westwood county ditch would be required, and the grading impacts would ripple into the
Dorsey property.
The above issues are the product of our initial analysis. Additional issues would likely
come to surface as further investigation would occur.
We feel strongly that our proposed design is the most appropriate development pattern
for this special site. Again, we have worked conscientiously with city staff to refine
our neighborhood design for the better. We feel the city may be heading down a
"slippery slope" if the city allows anyone to bring forward a design "they like better".
As a development team, we are especially concerned with the precedent this would
establish for future growth in this city.
We respectfully request that the City Council is mindful of the conscientious work by
city staff, the recommendation of approval by the Planning Commission, and finally
consider the above points when Mr. Dorsey addresses the council on this issue.
Sincerely,
Westwood Professional Services, Inc.
Cory Meyer, Landscape Architect/ Planner
Justin Larson, Professional Engineer
Allan Klugman, Traffic Engineer
Enc. Exhibit A
planning > engineering > surveying
1
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0 0
Planning Commission Meeting — April 18, 2006
Undestad moved, Papke seconded to appoint Jerry McDonald as Chair of the Planning
Commission. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
McDonald: I will accept the office of Chair for the next year. The next order is the election of a
Vice Chair. Do I hear nominations for a Vice Chair?
Keefe: I will nominate Kurt Papke.
Undestad: Second.
McDonald: Any other nominations or discussion? Okay, hearing none.
Keefe moved, Undestad seconded to appoint Kurt Papke as Vice Chair of the Planning
Commission. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
McDonald: Kurt, welcome to the position. Okay.
PUBLIC HEARING:
THE PRESERVE: REQUEST FOR REZONING FROM A2 TO PUD -R• SUBDIVISION
OF APPROXIMATELY 80 ACRES INTO 256 SINGLE FAMILY CLUSTER LOTS,•
SITE PLAN REVIEW: CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN
THE BLUFF CREEK OVERLAY DISTRICT FOR CROSSING BLUFF CREEK; AND
VARIANCES ON PROPERTY LOCATED AT 1630 LYMAN BOULEVARD,
APPLICANT THE PEMTOM LAND COMPANY PLANNING CASE NO 06-14
Public Present:
Name Address
Dan Cook
Cory Meyer
Brian Sullivan
Dan Herbst
Justin Larson
Rick Dorsey
Jim Benshoof
C & G St. Martin
Eden Prairie
7699 Anagram Drive, Eden Prairie
7599 Anagram Drive, Eden Prairie
7640 Crimson Bay
7699 Anagram Drive, Eden Prairie
1551 Lyman Boulevard
Wenck Associates, Maple Plain
9231 Audubon Road
Mrs. Dean Degler 9111 Audubon Road
Gayle & Lois Degler 1630 Lyman Boulevard
Kate Aanenson presented the staff report on this item.
McDonald: And with that, any questions for staff?
2
{CAH"FA
Planning Commission Meeting — April 18, 2006
Papke: I guess I'll start. First of all, on page, I just have a question. A clarification question.
On page 6 of the staff report, the second paragraph under subdivision review you state that Lots
I and 2, Block 2 will be eliminated. Should that be, is that Block 11?
Aanenson: Yes, that should be Block 11, thank you.
Papke: Okay. It was inconsistent throughout. I just want to make sure I got that right. The
other set you're talking about are Block 1, Lots 1 through 5, which is down along Street M. Now
if, now this street currently goes, would go to nowhere in essence if this moves forward?
Aanenson: Well our concern with that is, obviously there is some value attached to that but it
ties into industrial park, so for planning purposes you have a neighborhood, it has interesting
views. Looking towards the creek, but we've also guided that property for industrial so you have
all that industrial traffic. We talked about that loop road that would tie from here into Audubon.
I'm just not sure that's the best place for a neighborhood, so we'd like to be able to work with
the applicant and find some way to remove those lots.
Papke: So if we do indeed, we move those lots, I would take it we would remove the, what was
we called it, the eyebrow that goes in there?
Aanenson: Yeah. Yes, because ultimately this street needs to provide access to the industrial
park.
Papke: Right.
Aanenson: That was part of the AUAR and that would be privately built. That's approximately
the touch down point which was one of the issues that was in the letter about spacing and all that
but from a planning perspective that eyebrow, those lots kind of sitting there, while they have
good views, they're not really a part of the neighborhood. The association and we think it'd be
better to put the pond, the trail head and some of those other features there and again it comes
down to economics.
Papke: Okay. A question on condition 30. You state that sidewalks adjacent to private streets
and within privately owned outlots can be used by the public. I'm not quite sure what that
means.
Aanenson: Actually Alyson caught that and we were wondering if it's a homeowners association
with private streets, if someone was on the trail and wanted to cut through this project to get to
another project, could they say these are private sidewalks because of the private street.
Papke: Okay.
Aanenson: So that's where that condition came up.
Fauske: Correct.
ca.:. 44 3
0 0
Planning Commission Meeting — April 18, 2006
Papke: You also are recommending elimination of some of the streets that are on the, could you
go over which of the, I'm sorry. Some of the sidewalks, recommended sidewalks. Could you
delineate the ones that you're talking about taking out because I'm not quite sure I followed from
the staff report.
Fauske: What we were looking at Commissioner Papke was, to take a good look at pedestrian
connections through the neighborhood and if there was a need to provide sidewalks on both
sides. In just looking at some of these streets where for instance, I apologize I didn't have that
marked... necessary to have a sidewalk on both sides. It was just simply a recommendation that
we came through for purposes of the city, when we look at 30 years down the road or so, if
there's sidewalk damage, do we want twice as much sidewalk to have to come in and repair
blocks so that was simply a recommendation.
Papke: So it was mostly on the north/south connectors where you wouldn't expect a lot of
through pedestrian traffic, was that the basic idea?
Fauske: Correct. We still wanted to provide pedestrian access but take a good look at, do we
expect the volume of pedestrian traffic that would warrant sidewalk on both sides.
Papke: Okay, thanks. I had a question on condition number 36. Where we're looking there for
the details of the proposed crossing and I couldn't quite tell from the wording of the condition
exactly where you were proposing that that would go. I can see from the preliminary plat where
it's currently laid out so where are you proposing to move it to?
Aanenson: Well I think that's something that the Park and Rec Director and the Water Resource
Coordinator would like to look at where the best location is for that, to minimize the impact. Do
we tie that in, because right now, if you can shoot back to that. Right now I'm not sure we need
this segment right through here. I think we would just take the trail across the creek and then if
this road remains in place, tie it back into that road. What we're trying to figure out, if you get to
the school, there'll probably be a trail on the north side of Lyman to get over. If you look at that
whole trail along the Bluff Creek Boulevard, that would be the only at grade crossing. Otherwise
everything else is going to be under the... structure.
Papke: Right.
Aanenson: All the way down the project so that's pretty exciting.
Papke: Yeah it is.
Aanenson: The problem is, is trying to make this work so I think we want to spend some time
with them. That's Phase II, to get that, the best location. Least environmental impact and then if
we can get it, I'm not sure the grades will work but we want to explore that. I know the Park
Director, because that would be the only at grade crossing.
Papke: Okay, thank you.
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McDonald: Dan.
Keefe: Sure. Got a couple questions. In regards to the PUD, you've got a 15 foot setback total.
There's 15 feet between buildings, is that what is it total?
Aanenson: Correct. Correct. That's correct.
Keefe: And then it would be 15 feet in the back?
Aanenson: Right. So it'd be.
Keefe: So it'd be a total of 30 in the back on double loaded?
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Keefe: And just, you know just for my curiosity. I mean is 15 feet, I mean between buildings
enough for fire and?
Aanenson: Well that's the minimum. If you look again at this, we're showing the building
envelope. I mean right now, this is another, I believe that scales off about 30 feet, so it's
substantially. What that allows you is room to put structures within that. The house wouldn't be
back that far but that would allow you that building pad area to put a swing set in. Accessory
structure.
Keefe: On the side though, if you have a total of 15.
Aanenson: 15, yeah we had that in other subdivisions in the city. Yes. Other PUD's.
Keefe: Ahight. And then the back yard is enough then to accommodate decks in size so that
people can put a deck on.
Aanenson: There's two projects that are similar to this that have that setback. One would be
North Bay, which is off of Lyman Boulevard towards the city limits of Eden Prairie. In the
Chanhassen city limits and the other would be Walnut Grove. And that also has the smaller lot
with the smaller side yard setbacks.
Keefe: Okay. So this isn't really a new precedent thing?
Aanenson: No, it was a little bit different. It wasn't the PUD -R but we've done those before.
Keefe: Okay. Can you speak a little bit to the water I guess on page, I was a little confused,
when you look on page 9. Particularly where it says the EOF pad is not acceptable, and then.
Aanenson: Is that this one Alyson?
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Keefe: And it also talks about what pond 4. It's just sort of an overall, just sort of an overall
concern I had is, an overall concern I had was whether the, you know trying to protect Bluff
Creek and improve the water quality and we're putting in a fair amount of hardscape right next
to it. Is the water that we're going to be now forcing to Bluff Creek, if that's what we're doing,
you know part of it's running away maybe but then part of it's running into Bluff Creek. Is it
being, is it going to be improved or is it going to be worst or what are we doing to Bluff Creek?
Aanenson: Sure. Let me just take the first part of it and they can talk about the ponding. The
emergency overflow and what we've learned historically in the last few rain events is, and this is
one of those two houses eliminated. This is the emergency overflow of this wetland so we've
got a shot for that to go through without hitting those high rises through somebody's, where it
hits the curb and goes over into somebody's house so that's a shot. As far as the ponding and
Bluff Creek.
Fauske: What we look to do with new developments is certainly still provide the hydrology to
sensitive areas like the Bluff Creek. But what they're showing here and the footprint has
changed a little, somewhat but basically what we're looking at is getting some ponding areas in
through here to provide some treatment before it discharges. The developer has submitted
planning calculations so we'll be going through that to make sure that they meet the criteria that
we have for water quality as it exits the plan and also as far as water quantity and, quantity and
the volume. And the discharge rate, the velocity.
Keefe: And then if you create that pond there, does it impact the houses directly to the east of
that? You know in terms of, you know because I think I saw something in here where it said
...relative to the height of the building.
Fauske: Our ordinance requires that there's 3 feet separation from the 100 year high water level
of the ponds in this area. This is the lowest, lower basement elevation that he is, and I'm not
sure if that answers your question.
Keefe: So it'd be, so what you're saying is the design of that pond would need to be 3 feet below
the foundation of those houses?
Fauske: Right. And I believe they meet that criteria. I think what you might be thinking of is
that the current flood plains built through these lots and our comment was just kind of a
housekeeping item as far as we can't ask for approval of lots that are in a current flood plain.
The applicant is sending a letter of map amendment out to take and change those flood plain
lines, and therefore they can final plat those lots.
Keefe: Okay so, and when we give preliminary plat, do we include them then? It's sort of
pending.
Aanenson: That's correct. With conditions of approval and then it's not their intent to plat that
portion right now anyways. The first thing would be ... so that would give them time to work
through that so what we're saying, even if they did final plat it, we'd have them put it in outlot
Planning Commission Meeting —April 18, 2006
status. I think that was Alyson's recommendation. So they can't have a buildable status until
they get that map amendment.
Keefe: Okay. Alright. Towards the south end of the property, you know how do we calculate
bluffs because I was looking at the bluff calculations that were given to us and I think there was
like a 25%, 25 dot something and then I was looking, it didn't really measure from the top of,
and you know I don't know.
Aanenson: It has to meet that 30% rise from the fall and it has to meet those criteria, even if it's
29% then it wouldn't meet that so.
Keefe: So the city's comfortable that there isn't a bluff there?
Aanenson: Correct. It's steep...
Keefe: Do we go out and measure that?
Aanenson: They provide the calculations to show us and we scale it, yeah.
Keefe: Okay, and we're comfortable.
Aanenson: And actually we've got pretty good contours that we just got in recently, of all these
shot.
Keefe: And then just in regards to retaining walls on the west side. There aren't any on the west
side or there are because it looks like they're fairly steep.
Aanenson: There will be some, yeah and there was a comment in there they have to be
engineered. We haven't seen exactly how they're going to place those on there, and the size.
They may be able to comment on that but there will be some.
Keefe: Alright. Oh, just in regards to the lots on the south end, on the south side of the
collector. I mean are we going to extend paths down there? Is there any way to connect them?
Is there going to be an interchange?
Aanenson: Yeah, there will be the sidewalk along this and then this street actually is the one that
ties down to the Creekside development.
Keefe: Okay.
Aanenson: So they'll all tie back and then there's sidewalk and trail along the Bluff Creek
Boulevard also to allow access to that. And actually when you get down here, Paul may be able
to explain that better but Kimley-Hom is, I know the Park Director wanted to make sure, if you
wanted to get on the trail at that point, so there's a sidewalk going down, steps going down to
access the trail at that point, so these people here, you would have to go back to try to catch it.
You can catch it here at this point so there are steps going down. And then that's a bebo
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structure that would go underneath Bluff Creek Boulevard. And then there's one further down as
you get towards the 212 crossing, another bebo structure to go undemeath it.
Keefe: Okay. So it doesn't appear on, at least the one document I'm looking at now and in the
future there's a plan.
Aanenson: Correct. I believe that the Bluff Creek Boulevard plan shows that. It's got a ring
wall showing the bebo structure and the stairs.
Keefe: And let me maybe rephrase it. I think the City's requesting that the developer create the
path that's on here and they would be reimbursed. Is that what I read?
Aanenson: This trail?
Keefe: Yes.
Aanenson: Correct.
Keefe: Right, but the one south of the collector.
Aanenson: That's still on their property, yes. Yes, that would still be to the terminus of their
property, correct.
Keefe: Okay. Ahight. And then just one last question. The private street on the north and, it
looks like, I don't know what you call that ending. We don't have any access to Lyman there?
Aanenson: No. No.
Keefe: Okay.
Aanenson: No, and that was one of the areas, the comment is I think Alyson alluded to, this plan
because we had some additional changes we want to make so this plan is a little bit different than
what we wrote our report on. Actually the project ... to the north, there was some additional
ponding and it's some of those ponds we've done, the general layout's the same. It just slid a
little bit to the north so that's where some of those ponds went from what you saw.
Keefe: Okay, thank you.
McDonald: Kevin.
Dillon: Yeah, the land that's been set aside for the playground in the park area, you know what
is that in relation to the council's guidelines for setting aside you know recreational area for the
size of the development?
Aanenson: Sure. Again the Park and Rec Director hasn't had this item go to the Park and Rec
Commission yet, but he has recommended approval of, based on the fact that, his
Planning Commission Meeting —April 18, 2006
recommendation was this be the park and this be the trail head so two components so I can't
speak to that. I haven't seen that report but I know he is recommending approval of the private
park and not a public park with this project, and the trail. So as far as the relationship between
the acreage, I haven't seen that part of the report.
Dillon: Okay.
Aanenson: But that will be forwarded to the City Council, that recommendation.
Dillon: Alright. And when is the, there's a little descriptions of the homes that are contemplated
for this area but what is the price range of the house?
Aanenson: I'll let them go through that with their presentation. That's a good question.
Dillon: Alright. That's all I have for now.
McDonald: Okay. Mark.
Undestad: No.
McDonald: I guess I have just one question. I'm a little confused about a couple things about
the hard surface coverage. Okay, this is 301/o and it's averaged over the entire site and we admit
that some lots are going to exceed that. What are we going to do down the road if they come
back in and we're looking at decks. We're looking at, they want to add onto the back of the
house. Are we setting ourselves up for a condition of, you know now we're looking at
variances?
Aanenson: Yep, that's a good question and that's a concern that we had too and one of the
conditions that we have in here is that they work through their homeowners association and put
what things they can and can't do in there. What we did just on a gross calculation is figured
there was probably about 600 to 800 square foot of additional useable area in their back yard, but
what we'll ask the applicant to do is to give that a definitive number and then put that in a
development contract so homeowners know how much expansion area they would have on a lot.
McDonald: Okay because I would think one of the things that's going to happen, a lot of people
are going to want to put three season porches.
Aanenson: Absolutely, and they've already accommodated that. I don't see that as a problem.
It's when you go beyond that, if they wanted to do a Sport Court or you know some of those sort
of things. So yeah again, we did put that condition in here.
McDonald: Okay. I have no further questions. Thank you very much. At this time, if the
applicant is present and would care to get up and make a presentation.
Dan Herbst: Good evening Mr. Chair, members of the commission. My name is Dan Herbst at
7640 Crimson Bay in Chanhassen. I'm with the Pemtom Land Company. Want to congratulate
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our two new members to the Planning Commission tonight. When I moved to Chanhassen in '69
and I sat in your seat. We were down here with kerosene lights and there were only 48 stars on
the Flag. I think you're going to learn a lot from this process. I was also, when I moved to
Chanhassen, entered into the land development business and it was really good for me to sit in
your chair and learn their side of it and also listen to the public side. It was a very helpful
experience for me for the rest of my career. And I'm sure you are quite proud of this city, as I
am. When we moved out here, we had a couple of body shops. A couple saloons. A couple
churches. We had to do all of our grocery shopping at a Red Owl store at 7 and 101 and all our
clothes shopping in Southdale, and Chanhassen is really the envy of a lot of the communities in
the Twin Cities now. I did a lot of development in Bloomington. They never could define their
downtown. Richfield had the same issue. Eden Prairie still has the same issue with no
downtown, and to be able to have a downtown city with all of the accommodations we have here
now is a dream come true for all of us and commissioners that have come after me and the staff
that works so hard, I think you've done a wonderful job. Really have a quality city here. Let me
explain and introduce some of the folks who are with here this evening. They have done most of
the heavy lifting on this. On your immediate left here is Dan Cook, my partner at Pemtom. To
his left is Cory Meyer. He's a professional landscape planner and architect with Westwood
Professional Services. On his left is Brian Sullivan with the Ryland Group. A group that I'm
very honored to be associated with for a number of years. Very high quality, publicly held
company that has a great, does great things all over this country. And behind Cory in the
matching yellow tie that I have here is Justin Larson who's an engineer with Westwood
Professional Services, and it's great at this point in my career to be surrounded by such talented
people. They worked very hard on this site and other sites that they've worked on. And have
done most of the heavy lifting on this. And speaking of heavy lifting, I think your staff needs to
be given a great deal of credit. I don't know if some of you have been involved but this whole
process of this area of town was so open. So deliberate. So professional. Going through the
comp plan amendment. Going through the AUAR. Studying all the implications.
Environmental. Traffic. Everything. And at that time, and I think it was most or all of the land
owners out there were very excited about this process because they're sitting there for years and
years and years without public services and sitting on land that they were not able to exit at the
time, and now what the city's work has done, and it's been wonderful work. It's pretty rare in
our community to come in, on this large a tract of land, and see all the work that's been done
ahead of time. So anyway, I would basically just give you a little background of our thoughts on
this property and then I'd like to have Cory Meyer, who's gone through this planning process
with your staff, to come up and speak to you for a few minutes and then Brian Sullivan of
Ryland to talk to you about what Ryland's thoughts are and how they did the things. And then if
you have any specific engineering questions, Justin Larson can answer them for you. But the
piece of land is, has created a great deal of excitement for us. You know it has all of the
elements that we'd like to be involved with. Beautiful rolling land. Some trees on it. Beautiful
creek valley. And as I kept my eye on this property and worked with the Degler family for the
last possibly over 15 years. Every time I came over that hill and looked down on this property, I
said something special has to be done here. And then as your planning process evolved with
townhomes being on the Town and Country site and upper bracket single family being on the
Sever Peterson site, and a lot of upper bracket single family homes north of Highway 5, it
seemed like what this community was missing was a unique product, and that is a clustered
single family home that doesn't exist in the community that caters to a specific market. It's not
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going to be like my lake Harrison project. Building 800 to a million and a half dollar houses,
but much more affordable. Much more maintainable type of home, and when we put that
product together and spent all the time with your staff and our planners, a lot has gone into this in
the last few months and I picked the product as the more you study this, you'll see the product
and the land plan and the thought process as we got into it. Working with your collector roads
and your utility systems, has really turned out to be a great concept and a great housing project
for this area. So with that in mind I'll have Cory Meyer come up and he's the one who prepared
the book that you've probably gone through and have him go through this thought process on our
plans and then have Brian Sullivan come up and talk about the housing product. Any questions at
Us point?
McDonald: Anybody have any questions? I have one question. Would you explain what is a
clustered home development. I haven't heard that before with anyone else.
Dan Herbst: You know basically you look at a standard single family plat. They're standard
lots. Pretty well laid out in grid pattern, and very conventional looking versus taking a smaller
lot. Trying to put a house on it. Working around the topography and putting the housing on the
most developable portion of the land and leaving the rest of the land as open space, as is
occurring here. And I'd like to go through some of the open space numbers with you afterwards,
as well as some issues we have with the resolutions that are in your deal so hopefully I can have
an opportunity to come back up and address the resolution after your public hearing process,
before you make your motion. If you allow me that opportunity.
McDonald: We have no problem with hearing any of that and I thank you for your answers. So
whoever's next.
Cory Meyer: Good evening. My name's Cory Meyer. I'm with Westwood Professional
Services. I'm a landscape architect and planner and have the privileges of working with Dan and
the Ryland Group on this project. You stole my thunder a little bit when you asked the question
about the cluster because I was going to get into that a little bit. I still will. I just wanted to
briefly touch on a couple of the key, a couple aspects of the design and kind of the thought
process of how we went about. Two of the key elements that I kind of want to talk about would
be, first how this type of development pattern is tailored for this site. And the second would be,
how this development pattern is going to create a unique neighborhood for the city. First how
this development pattern is tailored for this site. As it relates to the cluster type of question, what
we're trying to do on this is overall minimize or decrease the overall development footprint, if
you will. We're taking the normal size homes that would be constructed elsewhere in the city
and put it on a little bit smaller of a lot that allows us to take that lot area, the excess lot area if
you will and put it into common open space for civic enjoyment. For public use. This is kind of
a modified cluster approach. That allows us also, it has some benefits to doing that. It allows us
to provide for greater preservation of sensitive environmental areas. In this case the Bluff Creek
Overlay District. The Bluff Creek Overlay District is noted in the city's zoning ordinance and
there is a number of design issues that the city would like to see associated with how
development treats the Bluff Creek Overlay District. And there's actually a pay in your booklet
that kind of addresses some of those, and I won't really get into that a lot but essentially what it
talks about, you know I'll just throw out a couple of them really quickly, to promote innovative
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development techniques such as cluster development and open space subdivisions, and to
encourage a development pattern that allows people and nature to mix, as well as encourage cost
effective site development, reduce infrastructure, engineering and construction costs, etc.. So
that's kind of the gist of why we did this. The site is very special and begs for a different type of
development pattern to happen on it, hence the idea of clustering. Tied in with the cluster type of
approach is how we treat the circulation systems. As Kate talked about, there's a combination of
private and public roadways on this site, and that allows us a little bit more flexibility on how we
can handle topography and basically preserve as much of the site as possible with grading efforts
and the utility and infrastructure development. Part of the other reason, how this project is
tailored for the site. Again in association with the Bluff Creek Overlay District there's a regional
trail that's obviously going to be planned and we have the great opportunity to be able to
construct connections to that system that allow these people to interact with the whole Bluff
Creek Overlay District as a whole. One other key aspect of the cluster type approach is that it
allows not only the preservation of Bluff Creek Overlay District but also the other environmental
areas, and let me get to the next page here. There are some wetland areas that are found on the
site that we are avoiding and preserving. There are some wooded areas along side of the creek
area that as well will be preserved and incorporated into the open space system. So the second
kind of component of what I want to talk about tonight is how this development pattern is going
to create a unique neighborhood for the city. As Dan alluded to, single family homes are
essentially more or better suited to this site than what a townhome type development would be.
Clustering these single family homes on a smaller lots, creating more open space, allows the city
to achieve it's density goals and that doesn't necessarily have to mean townhomes, so as we're
proposing here. We've put forth a strong effort to maximize or utilize the site character by
maximizing the amount of homes that basically abut and take advantage of those open space
views. And internally where there is not the opportunity to utilize the Bluff Creek Overlay
District, we've provided these pedestrian connections throughout that would link again to that
overall trail system, as well link to these internal private areas that we're developing that Kate
talked about with the totlot, the park shelter, some open play area to throw a Frisbee or play
football with your kids. Over 50% of the site is going to be dedicated as public open space in
one form or another and that's another component of what the cluster type of approach allows us
to do. That's a phenomenal number, 50%. And it's a pleasure to be involved in a project that
takes such great pains to preserve that site character. In addition there we have extensive
landscape plantings that are going to offer beauty. They offer buffering or screening, and
eventually they're going to add value to the whole neighborhood as a whole, so I guess to
summarize, again development is tailored to the site. Environmental, it's given that we're
preserving the environment as much as possible. We are providing a smaller development
footprint. We've carefully designed the layout of the streets and the homes with attention to
topography and what the land tells us that it wants to do. And this development also, secondly
will be a unique, wonderful addition to the city of Chanhassen, given that the city will meet it's
density goals. The city will gain single family households. The city will preserve the Bluff
Creek Overlay District. And that the future residents of The Preserve will appreciate the sense of
place that we're creating here. And with that I'll turn this to Brian Sullivan with Ryland to talk
about the home style that those future residents will be building.
Keefe: Can I ask a question before you sit down?
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Cory Meyer: Sure.
Keefe: In the absence of our former Chair Uli I'm going to take up one thing that we was so
fond of which is preserving trees, and one of the things I was looking at in regards to your tree
preservation plan, you know on the north end of this property there are a lot of bur oaks that you
identified as specimen trees, and there a couple that don't even, don't appear like they're within,
there will be houses on. Not granted it may be some grading issues. Is that why they're going to
be removed?
Cory Meyer: Correct, correct.
Keefe: Is there any way to save a couple of these? For instance there's one that's a 59 inch
diameter that isn't in a lot. It's actually off, you know.
Cory Meyer: Right. No, and that's a good point because we've, you know we've taken our best
approach or best stab at saving as many of the trees as possible. And you know working with
staff we've massaged the site plan and some things have changed since that grading plan has
been done, and I guess what I'll tell you is that we're going to take another stab at trying to save
as many of those trees as possible. You know those big bur oaks, they are specimen trees and
they're lifetime trees I guess, so it's not in our business to create white oak lumber, but we want
to do what's the best for those trees.
Keefe: Yeah, I think we'd like to see, instead of having a 4 inch diameter tree out in front of a
building, we'd love to have at least a couple of those. I mean those trees are so big that, I mean
they'll impact the entire area. You know just a few of them would so it'd be nice to see at least a
couple of them preserved on that north end so.
Cory Meyer: Well we will make every effort to try to accommodate that.
Keefe: Okay, thank you.
McDonald: Commissioner Dillon also has a question and we'll get to Commissioner Papke.
Dillon: With the cluster home concept you've got all the, is the idea like to have side lots so that
people won't put up fences in the back yard? Kind of keep it that open because if you get all
fences in there, there goes your open space idea.
Cory Meyer: Actually Brian with Ryland Homes will probably be able to answer that a little bit
better but that's a very good point and I guess I would defer to Brian to address how they handle
that with their HOA documents.
McDonald: Commissioner Papke.
Papke: Lyman is going to become a very major thoroughfare with the 212 intersection up on
101 up there. Can you describe a little bit some of the noise mitigation efforts you're going to
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put into place for the north side there along Lyman Boulevard to try to keep that from being
uninhabitable.
Cory Meyer: Right, good points. You know on some of the previous plans that we've had, as
Kate alluded to, we had some additional ponding area that was going to be located along Lyman.
Subsequently that changed a little bit and those homes have actually pushed a little bit closer to
Lyman. Now I'm not saying they're right up against Lyman there. There's a significant buffer
and I think the number is 60 to 80 feet of buffer I want to say. The exact number escapes me
right now but we will be supplementing, you know we're doing heavy buffer plantings along
there. The topography is such that a significant bene of enough magnitude to accomplish any
noise mitigation is probably not going to be, unfortunately be possible to do, just given the
vertical relationship to Lyman. So we're going to have to kind of rely as much as we can on the
landscaping to do that and we've shown a significant effort to plant heavy in the evergreens as
well we've, we have a significant buffer from that roadway as well.
Aanenson: Commissioner Papke I just wanted to add, the city ordinance does require that there
be some sort of streetscape requirement. For example on the landscaping plan for buffer, it's
clearly defined. I think that's a challenge that we have to work to the developer with the upgrade
of Lyman Boulevard, that we provide something, so we'll work, certainly work on that.
McDonald: Any other questions?
Cory Meyer: Thank you.
Brian Sullivan: Good evening. I'm Brian Sullivan with Ryland Homes. I'm the Land
Resources Department there, and what I do is I work on finding the projects. Helping to get
them approved through the city staff and through the councils. As you may or may not know,
Ryland Homes, we are a national home builder. We came to the Twin Cities about 10 years ago
and in the first year I think we built 5 homes and now through working diligently with cities and
getting to know the marketplace better, we're up to about 650 homes is what we sold last year,
and so it makes us in the top 5. One of the top 5 home builders as far as volume goes in the
Twin Cities here. And that I think says a lot to our President of our company who's been here
since the very beginning, and his commitment to trying to provide to the home buyer out here a
product that they want and the challenge has always been, working with the home buyers that
there's desires and needs and what they want is always continuously changing. And what we've
been doing is on this project here and some of the other projects is we're seeing a desire and a
need from the home buying market, that they still wanted single family homes but there's not as
big of a desire for a larger lot, and that plays in real nicely with this clustered development that
we're trying to provide here. But then as we're looking over the clustered concept here, it
became apparent that we can't just smack our typical home on with a 3 car garage and extended
You know, you can't put on a real wide home on there, so what we started to do, and we started
looking at our marketing analysis a little bit more. We realized that one of the things that we do
when we're developing our home styles here is, there's a demand for a 3 car garage but you
don't necessarily need to have access to all 3 stalls at the same time here, so what we've done is
taken the 3 car garage and we've shrunk it down with a 1 car garage stall behind the other one,
and what that's done is taken, where you normally see 3 garage doors out on the front side of a
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house and we've put in 2 garage doors. What that does is it creates a more attractive streetscape
so you don't have a streetscape that has a lot of garage doors marching down the street here. We
think that's a real attractive thing. The other thing that we've done is, as far as trying to develop
this cluster development here is we've taken the comer lots and what we can do with comer lots
to try and help, also help out with that streetscape. So what we've done is we've developed a
home style that has a side loaded garage, and if you look at the streetscape section that we did. If
you look at the streetscape section that we've done here, you'll see that whenever there's a
corner lot here, what we'll be providing is the option for a garage that doesn't face the front
street. The garage is actually, the driveway is actually around the comer of the building there,
and that again just helps to eliminate this monotony of having garages going down the street
here. So what I guess I'm trying to say is I know we've come up with this cluster development
but you can't just take cluster development and draw in smaller lots. You have to think about
what the house is going to be too. You have to design the house to fit the lot so. So we worked a
lot with Cory and Westwood and we worked a lot with our architecture department back and
forth on exactly what type of house and how the house is going to fit on this lot and how that all
will tie into what the market wants us to provide. So we've worked on, we've worked very
diligently to make sure that the home style that we're providing out here are going to be
something that's going to be very marketable and providing a nice nitch for us between the kind
of high end stuff and the multi family stuff here. So what you see is, as you move forward, each
of these home styles are showing, I think we have 8 different home styles and they'll have, each
home style will have 3 or 4 different elevations to it. So some will have brick on them. Some
will have gables. Some have hip roofs. There's a lot of different variety within each floor plan
and we allow people to pick out, you know a list of what they want as far as elevation and the
floor plan that goes with that. And we think that will create a very unique and a very desirable
neighborhood as you're driving through it and something that will have lasting value for many
years to come. One of the questions was what the price of the homes are. We think these will
probably start out around the $350,000 range. $350,000 to $400,000 and they'll go up to
$500,000, $600,000, $700,000. Depending on what people put inside the homes. They have
options for you know, you can have unfinished basement. They have options for bonus rooms.
They have three season porches off the back. Master bedrooms. You can get granite counter
tops. Stainless steel. Vinyl. There's a range of materials that go inside so people can go for a
base home if they want, or they can go with some of the deluxe options and so we're trying to
provide to a real wide market range in there, and we think we'll see a lot of families move in
here. We'll see some people that move in here, they may be at a point where their kids are
starting to get to the point where they're moving out of the household. They want a little bit
smaller yard. But they still, they're still not afraid of having steps. Go up and down steps.
You'll see some of that in here. It's probably not geared towards empty nesters or seniors but
we'll see a nice, mainly families that move into this development here. The size of the homes
will be from 2,200 square feet for one of our smaller ones, up to 3,300 square feet and then
there's options of finishing basements and adding bonus rooms. You can go over 4,000 square
feet as far as the inside of the home here that people could purchase. And we're very excited
about coming to Chanhassen. To our knowledge we haven't done anything in Chanhassen and
we think this is an exciting community to be in. A very well laid out community. Something
that's got a lot of offer and with that I've leave it open to any questions you might have.
McDonald: Anyone have any questions?
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Papke: I've got a couple. First of all I appreciate the attention that you're putting on the garages
because that's obviously with the narrow lots, that's really going to be key. The design of the
garages there because we're going to see so much of them. One of our questions I have is on
your streetscape here you do show some mirror images, whereas on your elevations, all the
garages are on the right hand side of the drawings. So, and this is important from a variety
aspect. If every single house has the garage on the right hand side, you know it looks very
uniform. Is the streetscape accurate in that you plan to offer kind of mirror images of some of
these or.
Brian Sullivan: The image is, all the units can be flipped. They can be flipped over. It's more
of a function of grading of how the street grades and so if you have a high point in the street, the
garage is normally on the higher, and the street's going down this way. The garage is on the
higher side of the lot, and so the garages will be on that side of the lot. And then when the street
starts to go up again, they'll flip over the other way so it's really a function of grading. The
image here that shows kind of a, you know the artist rendering...
Papke: Okay. I was trying was trying to make sure that that, you know that that was an option
and that we would have that ability to have a little bit more variety by doing the mirror imaging
of some of these.
Brian Sullivan: That will be an option.
Papke: Okay.
Aanenson: Let me just add just to make sure. Engineering did add a condition that the finish
floor elevation be put on those so we would look at that as a part of it too so we'd have some
idea where all those are going.
Papke: You'll have some idea of the distribution...
Aanenson: Right. Right, that they're not all the same. We want...
Papke: Okay. Have you built a lot of these before where you have the double deep garage? I'm
sorry I sold my boat. You know I would have gone out and bought one of these houses so I
could back in my boat without unhitching the trailer.
Brian Sullivan: We are just starting to build these right now. If you go to our site in Eden
Prairie, Hennepin Village, it's near the airport there. There's a model there that has this style
home there so you can see what the garage looks like.
Papke: And you're getting good acceptance on that design?
Brian Sullivan: We're doing very well there so, we're excited about doing this and we think we
have hopefully a little nitch for us, and if it's successful it won't be a little nitch because I think
other home builders will be kind of...
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Papke: So other than the, I take it the last one we have on the elevation sheet here, is it the
Union? That's the only one that has the side loaded garage? All the other ones appear to have
the garage thrust forward. Is that, and then that again is going make more uniform look.
Everything's got, you know you're going to see more garage with all of the garages projecting
forward from the homes. Is that, you know is that your final answer? Is that how it's going to .
be?
Brian Sullivan: What we're proposing right now is the Union and what we have, we're working
on another floorplan for the Union so it may not be available at first phase that we're going
through but it will become available as we move through the site more so.
Papke: So beside the Union that's going to be the only one that does not have a thrust forward
garage? Is that correct?
Brian Sullivan: Yeah, some of these, yeah that is correct, yes.
Papke: Okay. I'm sorry to keep harping on the garages but I think that's really going to be
tremendously important here. A lot of your elevation drawings show windows in the garage
doors, which is very nice. Because the quality of the garage door on a development like this
where you see so much of the garages is really going to be key. If you go through some of the
less elegantly designed neighborhoods in Chanhassen you'll see a lot of very crummy looking
garage doors that sometimes don't last very well. Do you feel this is indicative of the kind of
thing, you know is this for show here or do you really expect many of the garage doors to have
windows on them because the windows really break up the visual flatness of a garage door. I
think they're going to be tremendously important.
Brian Sullivan: The windows are offered as a.
Papke: Extra cost option?
Brian Sullivan: Yeah.
Papke: So we probably won't see a lot of them.
Brian Sullivan: As you get into the higher price point you'll see more and more of those show
up, so on the base model I wouldn't say, I would say you probably won't see a lot of them but as
you more forward you would.
Papke: Okay.
Aanenson: But let me just add. It is a PUD and I think you raised a good point and whether or
not they have windows or not, that they're still a textured garage as opposed to, that does make
an architectural statement so I think that's something that we probably would want to, whether it
has windows or not but just that it's not a smooth face...
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Planning Commission Meeting — April 18, 2006
Brian Sullivan: We can, I can make a commitment to some sort of textured garage look, if that's
what.
Papke: Raised panels or something.
Keefe: I just have a quick question. Since I think your whole development is 155 units or
something. What do you project is kind of the build out on this site from a timing perspective?
Brian Sullivan: Generally we figure a home a week. Is what we'll be projecting so that's 3
years.
Keefe: 3 years? Thank you.
McDonald: Questions?
Dillon: Well just to kind of get back to the open space and you know bylaws and fences and is it
going to be open or is it going, are fences going to make good neighbors or you know what is the
plan?
Brian Sullivan: You know I hadn't really thought much about it until it was just brought up here
before. What we've done in our other communities in Eden Prairie that we haven't restricted
fencing in the development there, but it is, as I'm kind of thinking through in my head here, there
may be, there will be a need for some people to have a fence, for whatever reason. To corral the
kids or you know whatever. But there may be a way of just having, instead of all 6 foot board on
board fence that wraps around, what we can do is through HOA documents we can make sure
that it adds character to it and that they're approved by the homeowners association. And maybe
there's a height limit. I don't want to say 4 feet, but I think 6 feet is maybe too high but maybe
there's somewhere inbetween there there's a median that would work so we don't have this kind
of barricaded blocked in back yard so. That's kind of what I'm thinking right now. So I think
you've brought up a very good plan and we need to work our way through that.
Undestad: Just had one question on here. The closest to this is that your Eden Prairie project, is
that right?
Brian Sullivan: Yes it is.
Undestad: You've not done anything in Chaska or out in this side?
Brian Sullivan: No. Not with this particular home.
Undestad: So the same Eden Prairie project is the same housing design and style as this?
Brian Sullivan: Yeah, very similar.
Undestad: Is the price point in there too?
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Brian Sullivan: The price point in Eden Prairie is a higher price point.
Undestad: And when did you start that one?
Brian Sullivan: We just broke ground, we started selling in January I think. February.
Undestad: How many have you sold over there?
Brian Sullivan: Six.
Undestad: That's all I have.
McDonald: I guess I've got a question about the garage too. You kind of answered one part of
it. I wasn't understanding this 3 car garage but it's a 2 car garage stacked. How exactly is that
going to work? I mean I'm just asking, I'm curious about this because I haven't seen this any
place else and I think Kurt brought up a good point. Yeah, if you've got a boat, this is probably
going to be great for you know those types of things. But is that one of the, I'm wondering the
second half, does that take out part of the living space in the back of the house or?
Brian Sullivan: It juts back behind the garage stall there and what we've done is we've had to
redesign all of our floorplans to make sure we have an adequate amount of living space. The
smallest homes that we're providing there is a 2,200 square foot home and it will go up to a
3,300 square feet for the first and second floor, as far as, you know you finish off the basement if
they want and add porches on the back and what not so, what we've done is kind of squished the
front side of the house there and pushed that third stall back behind the second stall there. We've
found that, we think that's going to be a real nice addition there. For me having a 2 stall garage
and the second stall, it just holds bicycles in the summer and the winter time I hang everything
up and I try to get my other car in there and you have to fight the snowblower and all that stuff to
get it out, and what we think is, and what our research is starting to show is that that third stall,
everybody wants a third stall. But the reality of it is, it's really used a lot for storage. Or they
might have a summer car. I little MG that they keep in there and they'll switch them around.
Keep the snowmobiles in there or the boat or whatever. That's really what it's directly behind
the one stall.
McDonald: Okay. Well, and then that kinds of leads to my next question about you know
you're talking about the square footage that's available. You're going from 2,200 to 3,600
square feet. These are going on very small lots you know in comparison to what a typical home
with that kind of square footage would have, and my earlier question about the hard surface
coverage, how are we going to maintain that in the future individuals don't come back because
they want to add a three season porch or they want to add a Sport Court or they want to add who
knows what into the back yard and suddenly there isn't any allowance for that, and I would think
again because this is an average over the site, there's going to be some of these lots that are
going to far exceed the 30%. How are we going to control that? What are you all going to do to
help us control that?
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Brian Sullivan: I think Kate kind of a solution, and I haven't gone through all the calculations
but I think what I heard her say is that there's about 600 to 800 feet of overage, of excess room
on each lot that can be used for additional, a deck or patio, or the Sport Court. What we'll do in
the HOA documents, we'll have that, we'll have a condition in there, or it will be part of the
document that you can only expand another, whatever that number is.
McDonald: So basically the footprint of the house is the same no matter what the square footage
is?
Brian Sullivan: No. Some of the houses are deeper.
McDonald: Okay, they're a little bit deeper. And at that point that's going to, they either have to
go on a larger lot or that's going to cut into the allowable expansion that is built in. Would that
be a fair statement?
Aanenson: Again, what we were trying to do on this is to look at again, you're balancing the
whole site. Is to make some generalized assumptions. Again some of those lots are 15. The
average is so some of those bigger houses will go on those lots. So to say everybody's stuck at a
certain number, so what we'd like to do, just looking at it again in a gross figure, we came up
maybe 600 to 800 square foot that somebody could have. So we want to just build it in there.
And it's really just to put the homeowners on notice that there's an expectation of, here's how
much at a minimum or maximum that you can expect to add on, and that would accommodate a
deck. Pretty much the normal things. If someone wanted to put a swimming pool in, those are
things that may not fit on the smaller lot so again it's just kind of up front, just like we talk about
fences and some of those other things that we may not want to have in there and that's what we
said as a condition of approval that we would work through those issues.
McDonald: Okay, well I guess that's where I'm getting at because we really haven't done that
on any of the other neighborhoods that I'm aware of and that has been a big problem.
Aanenson: Right, well actually in some of the other developments that we have right now,
they're maximized for the permits. On the wider houses. Actually there's much more flexibility
on this lot as it's coming in today as some of the ones that we recently approved, the large lot
subdivisions up on the Galpin area. Even on Trails End. Those are all coming in at 24% and
they're maxed at 25. That's where you saw the last one that came in. They had to drop 2 lots so
actually this one's coming in because of the size of the home. It's actually coming in with built
in flexibility of going, having extra footprint to add on so.
McDonald: But as part of the process, the homeowner is going to be put on notice, either
through covenants within the, I guess the neighborhood covenants for homeowners association
or as part of the building process. I'm just looking, how are people going to know so that they
don't come back here and act surprised whenever we start turning down things. And if you can't
do it, that's fine. I mean I'm asking something of you that we haven't really asked of anyone
else but I'm just exploring a couple of things.
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Brian Sullivan: Well and I'll stumble through this a little bit here too, as we discussed. I think
we can do something in the HOA documents that they'll have to read and sign and, but that's not
going to stop somebody from coming in, you know.
McDonald: That's true.
Brian Sullivan: I've been in this long enough and ... there's still going to be a few that will
complain about but we can do that and I'll have to talk to our legal department but sometimes we
can do a disclosure that says this house or on this lot, there's this much developable area. And
you can't, you know you can't extend beyond that as far as.
McDonald: Okay, that's fair. All I'm looking for is something to put people on notice. You
know these are certain restrictions that go with all of this and that's fine. The fact that you're
willing to discuss it is all I'm asking for.
Aanenson: Chairman McDonald, can I just add one other point on that? And that is that, you
can ask Josh because he reviews all the subdivisions. All the home plats that come in. Actually
the challenge is, it's not just on this development and every development trying to maximize
them so, I think for us, just on the face of what we kind of feel like people know they're buying
into smaller lots so as a part of, there's an expectation that you're not going to be able to
maximize. Where people buy the traditional single family lot, their expectation is they can do a
pool and a Sport Court and they don't realize that their house is akeady at the maximum so that
conversation tends to be a little bit different. So we're hoping again with the disclosure, that
some of that, that the buyer knows that they're buying a different type of lot.
McDonald: I guess what I would say to that is, where the former chairman was concerned about
trees and preservation of that, I'm concerned about this whole thing about the percentage of
hardscape because that's the biggest problem that we end up facing so I think any developer that
comes up here, I'm going to be asking that question. And that's just the thing that I think we
need to focus on because I don't like telling people they have to tear down garages or tear up
Sport Courts but, the rules are what the rules are so okay. Enough said of that.
Papke: I had one more question if you don't mind. The brochures that you gave us show us all
the front elevations of your homes but nothing from the rear and the side. But from what I can
tell you have very few windows on the side of these buildings. Is that a correct assumption that
there'll be very few windows inbetween buildings?
Brian Sullivan: What we're going to try to do, and you'll see more windows on one side than on
the other and because the homes are 15 feet apart, we don't want this perception of people
looking into each other's bedrooms so what you'll see if there'll be more windows on one side
than on the other and that's just a part of our designing these because we realize there's that type
of issue there.
Papke: Okay. Do we have any idea how, what percentage of these are going to be walkouts,
lookouts and that kind of stuff yet?
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Brian Sullivan: I can point to on the map what I know are going to be walkouts right now.
Basically everything along the perimeter here. These are all going to be walkouts.
Papke: Because of the down grade towards the creek?
Brian Sullivan: Yah, because of the down grade towards the creek. I believe there's some of the
homes that are in this area here are walkouts. And then some of the interior sites, they're a
combination walkout, lookouts and ramblers. I think we had a group that came up here. I think
these are half rambler and half lookouts right through here, so mainly around the perimeter are
the walkout lots. And the rest are lookouts and ramblers as we go through there. And we're still,
we just met with the engineers I believe last week and we're just tweaking that whole percentage
here so we're still working our way through that to see where it all goes.
McDonald: Anyone else have any further questions? Whoever's next from the applicant. Are
you all finished? Well at this point this is a public meeting so what I would do is open up the
podium to anyone wishing to make a comment. Please step up to the podium. State your name
and address and address your comments to the commissioners.
Jim Benshoof. Good evening Mr. Chairman. Members of the commission. My name is Jim
Benshoof. Traffic engineer with the firm of Wenck Associates. I'm here this evening on behalf
of the Fox and Dorsey families to address the question of how does this development plan before
you tonight relate to their properties, which are just to the east of this subject development. And
there is just one item that I consider to be relevant to be important for your consideration in terms
of the relationship between this development plan and the properties to the east. Mainly dealing
with the city's planned north/south connector roadway. Your roadway that would connect south
from Lyman to the planned east/west collector roadway. And I have addressed that subject in a,
I think in a 4'/Z page memo that I believe all of you received so I will not sort of comb over
every detail but I would like to summarize key findings referring to one particular exhibit, if that
can be. Very good, thank you. Okay. We have here you know the site, The Preserve site
outlined in yellow. The blue to the top side to side is Lyman. And the blue extending north is
Audubon Road and then Sunset Trail, with Powers Boulevard and the future interchange with
212 over here to the right, and then of course this dark set of lines is the city's planned east/west
collector roadway. The north/south connector you know has been envisioned through the city's
AUAR planning, you know again to extend between the east/west collector and Lyman.
Somewhere through this area. And I'll acknowledge right up front that from our knowledge I
mean the city has not approved any specific alignment. That that's still a matter of flexibility
and subject to further determination. What I'd like to draw your attention to the blue dashed line
which appears on one of the more recent drawings as an option for alignment prepared by your
engineering consultant to Kimley-Horn you know firm for the AUAR study. This is from one of
their drawings. And I want to point out to you I mean why I think it has been shown this way.
Why there is substantial logic to this sort of alignment. As you know it would intersect Lyman
just about halfway between Audubon and Sunset Trail and that has significance in terms of I
guess complying as best possible with the County's standards for spacing of intersections. The
County standard is one quarter mile and this falls a little bit short both from Audubon and from
Sunset Trail, but you can see if it were shifted substantially east or west it would fall short
shorter if you will of the guideline relative to one of those two streets. Another I think reason of
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logic as to why the Kimley-Horn drawing has been drawn in this manner is that this location
provides satisfactory sight distance, both to the east and west on Lyman Boulevard. We
performed detailed measurements of available sight distance along Lyman and found that any
location between the east Preserve property line and the creek, you know provides satisfactory
sight distance conforming with typical County guidelines, both to the east and west on Lyman.
As one moves east from the east Preserve property line, the sight distance falls short of the
guidelines and I'm sure you're familiar as you move east the sight distance becomes restricted to
and from the east due to the hill on Lyman that crests near Sunset Trail. So that's a second
reason I think why I guess this drawing has been prepared as it has showing the north/south
connector at that location. Another point I'd like to draw your attention to, that is because it's
one we would just raise for your consideration. Not something that to my knowledge the
Kimley-Horn firm has raised, but about, up on Lyman somewhere in this vicinity, in terms of
providing a direct sort of connection with the access road serving the proposed Liberty at
Creekside you know development such that motorists say leaving that development who want to
go to Lyman would be able to directly cross the east/west collector and then proceed north to
Lyman. There is I think a benefit for considering that sort of intersection orientation.
McDonald: Excuse me, could I interrupt you for just a second. I guess I'm confused as to how
does this impact the plan that's currently before us, if you could get to that.
Jim Benshoo£ That's next Mr. Chairman, good question and the point being, the plan before
you makes no provision for the north/south collector within the property boundary. No provision
whatsoever. And further, well in any event the outcome of that, should that be approved, would
be to eliminate any possibility of the north/south connector being in this sort of alignment. It
leaves available only some form of alignment to the east across the Dorsey property to the east
undefined. Where that might be. Locations that would pose some issues with the County's
spacing standards for intersections. That would pose some issues relative to sight distance. On
the subject of sight distance I'll acknowledge that the City and County with reconstruction of
Lyman are intending to re -grade the roadway to lower the hill and I'll acknowledge that and
agree that that would yield some sight distance improvements, but yet it's unclear. You know
the extent to which those improvements would be gained and the extent of which there would be
locations available to the east where there would be adequate sight distance. So that's the point
Mr. Chairman. Is to the effect relative to the properties to the east, and thus my suggestion that
to take action on the plan tonight would preclude a number of the options for north/south
connector without having a clear vision of how would that connector be accomplished in a
manner to satisfy needs of the city and serve the purposes of the adjacent property owners, but
it's just, it's premature for you to take that action now without having a clear vision as to how
well that connector be accomplished in the future. So the suggestion simply then is that to hold
off on action on eliminating the alternative such as has been drawn by your engineering
consultant and undertake further study to seek to establish you know a clear and effective vision
of how that north/south connector can best be accomplished.
McDonald: Okay, thank you. Anyone else wish to make a comment?
Oehme: Thank you commissioners. The drawing that Mr. Benshoof has shown you was one
concept that staff had looked at back in 2005. I think this drawing is dated approximately
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August of last year, and the east/west collector roadway and the connection points have always
been a moving target. We changed the alignment of the east/west collector literally, I don't
know probably half a dozen times if not more. Working with property owners. We moved
connection points several times to address connections to their developments and address the
traffic flows. The drawing that is shown here is not workable. The grades in this area
approximately where the touch down point is to Lyman Boulevard in relation to the existing
grades is anywhere between 8 and 10 feet of difference. In order to facilitate and construct this
roadway as shown, you know you'd have to grade into Mr. Dorsey's property to the east. His
property is currently in ag preserve, thus we cannot do that at this time. So basically this
connection point is not doable at this time, plus the separations between Audubon and that north
collector road too. I think it is a little bit closer than a quarter mile as well. Let's see. On the
sight distance again, Mr. Benshoof addressed that a little bit. The City and the County are
working on improvements to the Lyman Boulevard. You know we had it in our current capital
improvement plan for 2008, or 2009 I believe to upgrade this section of roadway. At that time
we'll definitely look at sight distance improvements and future, potentially future connections.
Mr. Dorsey's piece is currently in the ag preserve. His property will not be developed until 2011
so that gives us ample time to look at where those connection points will be in working with the
property owner to make that connection work the best. This is a drawing that was included in
the AUAR that was approved by all the environmental and governing agencies, city, county.
Watershed and such, and at that time you know we had looked at a connection point for the north
collector roadway here. Just east of the current development that you're considering for tonight.
So there are different, there are other areas and other connection points along Lyman Boulevard
that we will be looking at in the future to make that north collector roadway facilitate a good
location I guess I should say. Another item that Mr. Benshoof had mentioned back in his
drawing was the connection to Liberty at Creekside. Making that a through movement. You
know that was one of the items that we had looked at in this process through the MUSA. Under
the current plan for Liberty at Bluff Creek there are two connections. One currently, the main
connection going to the west and then potentially, and then another connection point on the east
side to make a flow of traffic to the east. So did try to disperse that by traffic and help the traffic
flow in that area. The properties to the east, the Dorsey's and the Fox's, Kate help me out. It's
more of an intense development. Higher density potentially and potentially rezoning to more
commercial and higher density units as well. North collector roadways or collector roadways,
you want to put those in areas that will generate the most traffic and it's stafPs opinion that that
north collector roadway does not fit for the lower density, thus 5 units per acre development that
we're considering here tonight. So, and I believe that the City does have a clear vision in what
we want in this area and how those connection points will be made and how the traffic flow
should be handled. So if the commission has any other questions regarding that issue, I'd be
Willing to address.
McDonald: Thank you very much.
Rick Dorsey: Chairman, commissioners. My name is Rick Dorsey. I own the property to the
east of this property. A couple different points I'd like to make, just to make the information
correct. In that the properties in the ag preserve doesn't preclude grading on the property. We
cannot build a road on it nor can we be assessed for that, but grading would be considered a
conservation issue for soil erosion, water control, that kind of thing. I mean it does not preclude
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it. Point number one. Number two, I would really like to ask the question of why this alignment
has been changed. Paul talked about way back in the beginning another alignment, that extra
alignment, if you read the AUAR eliminated these roads completely other than a point
somewhere between Audubon and Sunset Trail. So that's somewhat of a moot point. Back in
August staff supported and presented to the City Council a plan for the cast/west collector road
which incorporated points of connectivity so that plans could be drawn up. I believe $360,000 is
approved by City Council to work on those plans, and suddenly it's changed. I'd like to ask the
question why it can't stay where it was originally set and have that answered. Not why it can go
onto my property but why can it not stay where years were spent, 2 years were spent trying to put
together plans and decided on by approved basically by all the property owners, or somewhat
mutually agreed upon so that plan would have been gone forward. From the standpoint of
location of it, our position would be is that we would want it on the property line to provide an
extra buffer because there will in fact be different uses of the properties. The suggestion that
our's might be higher density, we don't know that yet. Perhaps it will. Right at this point in
time, if you're familiar with the property, we have a big home sitting on the property. At one
point in time we thought the whole neighborhood would be that way. Worlds changed to that
option that probably unlikely to happen. So we are pursuing different ideas and we're trying to
keep the options flexible and open. We would prefer to see the need for traffic to be managed in
the area there from the standpoint of the whole community. When our property comes out of the
ag preserve in 2011, there's no guarantee that our property will develop immediately. Could be
immediately. Could be 10 years from then. We don't know that. So the question would be,
from a standpoint of this development, as well as a cul-de-sac going in that goes within a couple
hundred feet of Lyman Boulevard but doesn't touch. It's longer than ordinances allow. I know
it's being looked at as a temporary cul-de-sac. Something that you have to talk about what is
temporary. Is that a year from now? 5 years from now? 10 years from now? I looked at ideas
and I've talked with Pemtom people about other options to put it on the property line. There
certainly are other options. I've even drawn up myself where it can be lot neutral and be done.
In that respect should there be a concern about putting it in today. It could go in today on the
Degler property. Or the Pemtom property. There's options that can be talked about still.
McDonald: Mr. Dorsey, I understand your problem. I've been to a number of these meetings.
Okay, this is the Planning Commission. We are here for a particular plan. You're not here to
look at where this road should go. That is beyond our capability.
Rick Dorsey: No, it is. I don't believe that's the case. The Planning Commission's job in part is
to mitigate traffic. It's to take and make sure intersections are created in places that create, are
safe for pedestrians, for people. It's to protect my property as well next to that property. So I'm
trying to bring out the facts so that you can be able to make a good decision in that you don't
know the property as well as I do. I know you've been to several meetings, and I appreciate that,
and I want to ask the question. If this plan is approved and this alignment is no longer an option,
where is that north collector going to go? I don't know. I haven't been told by staff. That's
what planning is about and we would like to know the answer to that. We cannot just put it on
Lyman Boulevard at any point. So that is what we would like to have is time to sit down and go
over that information and make those determinations so that those are known and that there's
facts to support them and they're safe.
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McDonald: Okay, well in order to give you an answer I will look to staff and my impression is
that City Council directed you to look at this road. To come back with recommendations. Is that
true?
Aanenson: Well let me answer this first. To know what that road's going to do, it depends on
what hisdevelopment plan is. Just as everybody else that brought in development plans. As Mr.
Peterson, Sever Peterson brought in a development plan. We figured out the alignment on that
road. We said that road needs to be 80 foot wide cross section and he worked it into his
development plan, so we're offering Mr. Dorsey the same flexibility. He comes in with a plan
and we'll figure out where the road goes. What Mr. Oehme had said, we're working with Carver
County to work on the elevation of the road and some range of tie in's to give him to put in the
plan. We're affording him the opportunity to put it where it works best for his development.
Rick Dorsey: What we agreed to was what was done in August and that's my question. Why
has it changed. I don't like coming to all these meetings. I've got better things to do. When
something is put in place, that's where you expect. I would like to suggest, no different than on
Sever Peterson's property where it went along the property line. That's the norm of development
so that there aren't.
Aanenson: What we're talking about is this road right here?
Rick Dorsey: I'm not talking about that. I'm talking about the.
Aanenson: He had to build that 80 foot right-of-way.
Rick Dorsey: I'm not talking about who had to build it Kate. I'm talking about when you go
down a property line and you're splitting a property so that development can occur on either side
and the road can become a buffer between two different uses.
Aanenson: I know you're not talking about the other road but the other road affected this
development too.
McDonald: Okay. This is not a debate about this road and we're not going to get into a debate
about this road. We are looking at a piece of property where we have been given a plan. We
have been given the specifications and it's up to us to improve this plan. We do not look at the
macro planning that you're asking us to look at. I do not have input on these roads. We depend
upon city staff. They will bring these plans to us and we will try to fit them in with what the
development and what the rules and regulations are. A debate at this time on where this collector
road goes does not serve us with the agenda we have for this piece of property. If it can go on
the border, that's fine. There is room to put it there. If it needs to go up on the other side, it will
be accommodated, but staff has been given the task of finding out where this road goes because
it does impact your development. We recognize that, but at the same time you cannot hold
hostage developers who come into us and then we have to table their plans until we can come up
with something everybody can agree upon. It's not going to happen. This is being developed
piecemeal. That's the way most development occurs.
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Rick Dorsey: Mr. Chairman I would like then to refer specifically to what the Planning
Commission should be looking at. One is buffer yards, which is letter M in Section 20 dash I
believe 57. And that says that the comprehensive plan establishes requirements for a buffer yard
when you have different land types and uses. I right now have rural residential estate guidance
and zoning until it is changed, so they'd want to look at buffering it. One buffer would be a road
between the properties. That's what we would look at as another possibility to do that. The
other is mitigation of traffic. Where is that traffic going to go in the future? That is an issue.
It's going to come right from their plan, they have one exit onto one end and they certainly could
connect up to Lyman Boulevard now. That's an option. We should be looking at what's there
today, not what may be there in the future. I'll leave it at that.
McDonald: Okay, thank you. Does anyone else wish to make comment on this development?
Okay, seeing no one else step forward I will close the public meeting and I will bring it back up
to the commissioners for discussion. We'll start with Mark.
Undestad: I think the applicant's done a nice job. I like the design of the layout. The issue with
the road access on there again, I mean it's just as Jerry stated here, as each development comes
through and as it works. I guess I really can't see bringing traffic off of Lyman Boulevard
through a residential neighborhood. I access off of Lyman Boulevard every day and every day it
gets harder and harder to get in and out of there. To bring traffic through a development like
this, it doesn't make sense on Lyman Boulevard myself. Overall I think the project's nice. I like
the design. The variety. The layout. I would have a question going back to that little northwest
parcel down there. The 4 or 5 lots back there, if the applicant has looked at anything else on
there yet but besides from that, I like it.
McDonald: Comments.
Dillon; Yeah, I'm kind of relatively new to this whole thing so I'm still kind of processing all
this but I would agree that I like the concept. I think the target market is probably pretty well
served by this type, price point of housing and all that and so I think all that makes sense. In
terms of the road discussion, it's kind of unique but I don't see how anybody is getting painted
into any comers with the way it's laid out here. There would seem to be flexibility and options
for the future so I would, I think this looks fine.
McDonald: Okay. Dan.
Keefe: Yeah, I think the combination of Pemtom and Westwood is a great combination. We've
had them here before and I think they do a really nice job. Some of the best developments, best
thought out developments come before us from that team and we appreciate you putting all your
effort into the development and the work that you do. I'm in support of this. One thing I would
Re to add is something in regards to addressing the trees on the north end and have you guys
taken a hard look at that?
Aanenson: I'm sorry, the?
Keefe: The trees on the northeast.
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Planning Commission Meeting — April 18, 2006
McDonald: Kurt.
Papke: I think there are some, you know we should carefully think about, or at least try to have a
vision for how this does blend in with the surrounding neighborhoods. Mr. Dorsey brings up
some valid thought points that we do have rural residential to the east. We also have some rural
residential right across Lyman Boulevard on the other side. There's some large lots on the other
side, so I think we do have to be mindful of how this fits in, which is one of the reasons why I
was so insistent on some of the architectural variety because you know having lots of this
magnitude right next door or across the street from you know 2 %: acre or larger lots is something
you have to think about. But I think the developers have done a great job of trying to maximize
the utility of this wonderful piece of property here so I think overall it's very carefully
considered. I still have a little bit of lingering concerns about some of the architectural variety.
You know we went on at length about the garaging and so forth but I think if we can make sure
that we don't see rows of garages when we drive up Lyman Boulevard here, I think we'll be in
pretty good shape.
McDonald: Well I guess I would second your comments about that. I mean that's been one of
the things that I was on Liberty at Creekside about was that I don't want to create these
neighborhoods where they're basically row houses or you know after about 15-20 years
everybody just, to heck with it and everything gets run down because you can't take any pride in
your home. I do like the plan. I'm really kind of, I would have never thought about a double
stacked garage so I mean that's an interesting product that I'm sure will help on this piece of land
and it is a unique property. I like that idea. I'm also as I said, I would be concerned about the
architecture and I would have enough faith in the developer at this point that you've heard what
our concerns are there and the thing that we try to get at as far as making neighborhoods
distinctive and making them look like something individuals can take pride in and the fact that it
is their individual home and it looks as much. So you've heard our comments about that and our
concerns and I will say that as you go up to City Council I think you will hear that again. So just
be mindful of that. Other than that, one thing that I guess we didn't do, there's the lots in that
northern comer, I'm not sure if the applicant wanted to speak to that again or not, but never
really got a chance so I'm not sure what your position is there. I understand what staff has said
and it makes sense to me and if you have, I guess an objection to that, I would like to know about
it because otherwise I'm in favor of what staff has said and you know what they're saying is,
take out that section. So I would offer you the opportunity to address that particular issue.
Dan Herbst: Mr. Chair, members of the commission. Thank you giving us a very thoughtful and
long process here and I appreciate it. The issues that you have all addressed, we want to tackle.
The lot coverage is extremely important to us, and I know it's important to the Chairman and all
of you and we're going to work on that. The tree issue, as Cory mentioned, we're going to go
and look at grading. There's some marvelous oaks out there and we want to see what we can do
to save some of those. Fencing, our company wrote some of the first covenants back in the 60's
against fencing and I gave my anti -fence speech over at the City of Stillwater ... by the Planning
Commission and it was doing our Legends Project on Long Lake with Ryland Homes, doing
traditional homes, and they insisted that we put picket fence in on our traditional homes over
there so, but I agree with you. Fencing can give you that Richfield, St. Louis Park look that we
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want to limit so we're going to take a look at that. Now in a typical custom project that our
company does, we basically disallow fences. But there are limitations, sometimes with children
and sometimes with special situations with ponding behind houses and that type of stuff where
we have committed but sometimes it's part of the architecture and I know Ryland will take a
look at that and we'll get back to the staff with some specific provisions on fencing in the
covenants. And the last thought was the garage doors is extremely important to me too so we're
going to have to take a hard look at how we can soften that. On the issue that I wanted to talk to
you about is basically one of economics. This is a very unique site and the clustering we've
talked about, just to give you some background. The land mass is 79.8 acres in total. 33.8 acres
of that is going to be a public permanent open space. 11.2 acres of that we're dedicating to the
city for rights-of-way for the collector road and for the public streets. So that's 45 acres out of
79, or 56% of the site that's going to be given to the public domain, and in market value that is
over $7 million dollars worth of land. So what does that mean? That means the rest of these lots
have to absorb that $7 million dollars. If we take out 5 lots out of the project down here and 2
lots up there, we're taking a million dollars worth of lots out of this neighborhood. It doesn't
come out of the land owner's pocket. It doesn't come out of us low life developer's pocket. The
city fees all stay the same and the builders try to make his normal market. So who pays for that?
Every lot in this neighborhood would go up $7,000. Every house proportionally, a house usually
has a 4 to 1 ratio of lot to house price, is going to go up $28,000. And when I saw in your chair
it was really important to me, because the economics and the consumer, the consumer ends up
paying everything in this process. And every city that I'm working with now, they're going back
to me and they're saying Dan, if you've been to Hennepin Village, I had that all laid out for
upper bracket houses. Now Mayor Veres, who's now deceased, came to me and she said Dan.
We have 11,000 more jobs in Eden Prairie than we have households. Would you put some'work
force housing on here? If you do that, we'll raise your density, which they did from 500 homes
on that site to almost 800. We brought the price of all those homes down in Eden Prairie on a
very nice site overlooking the river. So if we take out the 5 lots here, which is part of our plan. I
believe it was guided residential, we lose $750,000 that's got to be absorbed someplace else.
There is a potential chance in the future with a market study going on, and I don't know if it's a
long shot or a short shot. Kate can talk about that, that maybe some of the Degler West property
could have some residential uses and this would tie in with that. We do not want to and we
cannot afford to lose those 5 lots. The other 2 lots up in the open space area, we do want to allow
that private park area to open up some more so we need to figure out, with your help, how we
can keep 155 lots on this site. Otherwise the consumer is going to have the ramifications that I
just mentioned to you. And everything is very costly in this business. We are going to pay at the
time of plat, almost $900,000 to you in cash park fees. So to say I'd like a trail head and parking
here, and at the same time you're extracting $900,000 from the site, there's something unfair
about that you know. If the park is a half a mile down the way and you're asking us to pay park
fees, and you're asking us to give to the public domain $7 million dollars of our land of 45 acres,
I'm asking you to help us. We've got to come to a fair resolution. We need those 7 lots to make
this neighborhood work. And if you want to be sensitive about what the consumer's going to
have to pay here. So it's very important to us to maintain those lots. A couple other items in
Your resolution I just want to mention to you, just to tweak a little bit is item 5. When you're
looking at that. We would just like that language changed. Sometime this FEMA process can be
quite long. If we're allowed to plat the property, but if there's still FEMA approval pending, if
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we could not issue building permits. If you could amend that item 5 in the resolution. Kate can
see if that can work.
Aanenson: That's not acceptable to us because we can't approve a lot that may not be buildable,
so we'd have to wait. So I don't see how we can do that.
Dan Herbst: But sometimes this FEMA process can take months and months and months.
Aanenson: That's correct. Our recommendation would be that if you get preliminary plat status,
that has time for you. It gives you a year's standing and you can come back and ask for
additional time but I wouldn't in good conscience approve a lot that may not get altered and
would have to be removed.
Dan Herbst: But that's not a risk the city runs. It's a risk we run having a lot that.
Aanenson: There's also a risk the city runs. I'll put your recommendation in, if you want to, and
we'd certainly have the city attorney review it before it goes to council.
McDonald: That's fine.
Aanenson: Yep.
Dan Herbst: Okay, the other item is 13. We'd like, since we're doing the project in phases, we
would not want to grade and demolish all the buildings in the first phase. We'll be starting the
phase off your collector road and won't be getting to where the buildings are probably until our
second or third phase so if we could have you amend that provision so.
Aanenson: That's fine.
Dan Herbst: Okay. And then the critical one to us is, I think it's item 31. If you take those 7
lots out, you have all the ramifications I just brought to you and it makes it a very difficult
project for us to do economically and...
McDonald: Is this something that should be negotiated with staff?
Aanenson: This is something that I made that clear at the beginning and I certainly appreciate
Mr. Herbst. We know that there's an economic value but from the beginning when we worked
on this project, I just want to make clear, we're talking about open space. You can't build in the
creek. It always get thrown into the density but you can't build in the creek, so there's some
value when we talk, it's a little inflated so we have to keep that in mind. Obviously we
recognize, and I said at the beginning, there is value in those 3 lots, or 5 lots on that north side.
We recognize that. Whether or not this property gets zoned to the other, on the other side, I
don't know. You know we agree there's some economic value and that's why we say we'd like
to work that out. You can give your recommendation or hold it in abeyance but I think that's
something we still want to work out with them. "There's not only the economic value, but we
also, there's a lift station there that we think long term might be a negative impact to those
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homes too, and that's a concern for us. That becomes a city issue so we thought by... we have to
obviously come to a reasonable solution there for economics so putting the ponding there.
Putting the trail head provides an opportunity to not put houses in there, in a sub situation. Sub
par situation and make them, I don't know if we can make them totally whole, but try to make
them whole on the value of those lots and we'd like to still continue that discussion.
Dan Herbst: Appreciate that discussion. Again I would still like to consider you to keeping
those lots there on a, leaving on a conditional basis in the event the land is changed. Lift stations
are behind multi million dollar houses on Lake Minnetonka. They're all around Lake
Minnewashta. They're not a negative. They can be landscaped and screened, and that's, those 5
lots are very, very important to us so.
McDonald: Okay, then let me ask you this. You're okay with eliminating Lots 1 and 2, Block
11.
Dan Herbst: As long as we can pick those up someplace else in the project. What I'm trying to
save is 155 homes.
McDonald: Okay. And what you want us to maybe soften up in our language is Lots 1 through
5 and what I'm hearing from staff is that they're willing to continue a dialogue there to try to
reach some kind of agreement.
Dan Herbst: Sounds good.
McDonald: Okay, so what we can do is we can take out Lots 1 and 5 and put those as being still
under discussion. Okay. Is that it then?
Dan Herbst: Thank you very much.
McDonald: Okay. And I will finish up my comments. I think one of the things I would ask of
staff is that, as this goes to the City Council, if you would prepare something to address the road
issue for City Council so that this total package is looked at with that also. And with that I will
bring it back to the commission for any further comments or look for a motion.
Papke: Mr. Chairman, I'd like to make a motion that the Planning Commission recommends
approval of the rezoning of the land within the plat for The Preserve from Agricultural Estate A2,
to Planned Unit Development -Residential, PUD -R; approval of a Conditional Use Permit to permit
development within the Bluff Creek Overlay District and alterations within the flood plain; and
approval of the Preliminary Plat for The Preserve creating 155 lots, 15 outlots and right-of-way for
public streets, plans prepared by Westwood Professional Services, Inc., dated 3-17-06 subject to
conditions I through 59 striking condition number 13 and adding condition 60. That the developer
shall work with staff to develop architectural variety or texture for the garage doors, whether
windows or other type of architectural variety.
Keefe: Friendly amendment. 61. Developer will reconsider their tree preservation plan in an
attempt to save significant trees currently slated for removal.
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Papke: Accepted.
McDonald: Okay, is that acceptable? Okay. Any other comments. Okay, well the Chair has one,
because we just went through this with amendments number 31 for Lots 1 through 5. Make the
change that we discussed there. That those lots are still under discussion.
Keefe: Do you want to amend that to just, developer will work with staff regarding.
McDonald: Yeah, I would accept an amendment saying that, so okay. So yeah, we will do that.
The other ones you talked about 5. We're not going to change. 13 we did address so I think we've
got everything covered. Any other comments or any other amendments anyone wants to add?
Okay, seeing none all in favor signify by saying aye.
Keefe: We need a second.
McDonald: Oh, I thought we had a second.
Keefe: Second.
McDonald: Sony. Getting a little bit ahead.
Papke moved, Keefe seconded that the Planning Commission recommends approval of
Rezoning the land within the Plat for The Preserve from Agricultural Estate District, A2, to
Planned Unit Development -Residential, PUD -R; approval of a Conditional Use Permit to
permit development within the Bluff Creek Overlay District and alterations within the flood
plain; and approval of the Preliminary Plat for "The Preserve" creating 155 lots, 15 outlots
and right-of-way for public streets, plans prepared by Westwood Professional Services, Inc.,
dated 3-17-06 subject to the following conditions:
1. The drainage and utility easement over the northern portion of Lift Station #24 must be
vacated and filed upon final approval of the final plat.
2. The "Existing Conditions" plan must be revised to show the drainage and utility easement
that was granted to the City and contain hunk sanitary sewer and watermain.
3. Prior to City Council consideration of the final plat, the applicant must provide
documentation indicating that the proposed right-of-way for Lyman Boulevard meets Carver
County's requirement.
4. The grading plan must identify the existing and proposed 100 -year floodplain.
5. Due to the anticipated timing of the final plat with respect to the timing of formal approvals
from FEMA, the proposed lots that are within the current floodplain may be preliminary
platted subject to FEMA approval of the LOMR.
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6. Any grading within the floodplain will require a Conditional Use Permit.
7. Catch basins on each side of all public streets must be no more than 300 feet apart.
8. The proposed outlet for Wetland A must lie along the edge of the wetland.
9. The storm sewer from Pond 1 must outlet to the wetland north of Pond 2 in order to maintain
hydrology to the wetland.
10. Storm sewer within Street J must be rerouted through the sideyards within Block 3 and outlet
to Pond 2.
11. Hydraulic calculations must be submitted with the final plat submittals.
12. The legend on the final grading plan must identify the lowest floor elevation.
13. The final grading plan must show the top and bottom of wall elevations.
14. Any retaining wall four feet high or taller requires a building permit and must be designed by
an Engineer registered in the State of Minnesota.
15. The developer must work with staff to find the preferred sanitary sewer alignment west of
Block 3 prior to City Council consideration of the final plat.
16. The plan must be revised to show an 18 -inch diameter watermain on the south side of Lyman
Boulevard to the east property line.
17. The developer's engineer must submit a separate cost estimate for the watermain oversizing
along Lyman Boulevard with the final plat submittals.
18. To the maximum extent practicable, the trail along the east side of Bluff Creek must be
within close proximity of the manholes for the existing trunk sanitary sewer.
19. The lowest floor elevation of each unit must be shown on the utility plan.
20. The existing well and septic system must be properly removed and abandoned during site
grading and utility installation.
21. The developer must pay $14,365.00 in cash with the final plat for the pro -rated cost for the
preparation of the 2005 MUSA AUAR.
22. The outstanding assessments — $310,999.03 for 2005 MUSA roads and water, and
$162,976.08 for Highway 101/Lyman Boulevard/Highway 312/Highway 212 must be paid
with the final plat or reassessed to the lots and outlots for future development.
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23. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are
collected with the building permit and are based on the rates in effect at the time of building
permit application. The party applying for the building permit is responsible for payment of
these fees.
24. The City will construct Bluff Creek Boulevard Improvements to serve the development in
conjunction with public improvement project No. 06-05. The property within the plat will be
specially assessed for this project.
25. The development is subject to the arterial collector fee, which must be paid in cash with the
final plat.
26. Streets F and K must extend past Lot 6, Block 13 and Lot 1, Block 17, respectively to
provide adequate space for a vehicle to back out of the driveway and tum into the street.
27. Curbs on public streets will be high -back; curbs on private streets will be surmountable.
28. The sidewalk along the north side of Street H between Street A and Street I, and along the
north side of Street E must be eliminated.
29. Sidewalks adjacent to private streets and within privately owned outlots can be used by the
public.
30. The applicant will work with staff to discuss eliminating Lots 1 and 2, Block 11, and Lots
1 through 5, Block 1.
31. The applicant shall revise the plan design to ensure adequate hydrology for Wetland 4 in the
post -development condition.
32. If the applicant wishes to pursue an exemption for impact to Wetland A, the applicant shall
furnish information to substantiate the exemption request. The applicant is advised that, even
if impacts would be exempt from WCA, they may not be exempt from the requirements of
the Army Corps of Engineers.
33. A wetland buffer with a minimum width of 16.5 feet shall be maintained around all wetlands
and wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in
accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge
signs, under the direction of City staff, before construction begins and shall pay the City $20 per
sign. All structures shall maintain a setback of at least 40 feet from the wetland buffer edge.
34. All structures shall maintain a 50 -foot setback from the ordinary high water level of Bluff
Creek. All structures shall maintain a minimum 40 -foot setback from the primary corridor.
No alterations shall occur within the primary corridor or within the first 20 feet of the setback
from the primary corridor. The 50 -foot setback, primary corridor boundary, 40 -foot structure
setback and 20 -foot grading setback shall be shown on the plans.
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35. The applicant shall provide details for the proposed trail crossing of Bluff Creek. Minnesota
Department of Natural Resources (DNR) permits shall be obtained for all creek crossings. In
addition, the trail alignment shall be revised to cross Bluff Creek in the same location as the
sanitary sewer crossing. Immediately south of the creek crossing, the trail intersection shall
be redesigned to avoid impact to the trees.
36. The plans shall be revised to provide a lower EOF for Wetland A and a path to the west for
excess water that will not threaten proposed structures.
37. The EOF path for Pond 1 shall be revised to provide a more direct EOF route from Pond 1 to
Wetland 4.
38. The proposed sanitary sewer and stone sewer outlet in the vicinity of Pond 2 shall be revised
to ensure: 1. The runoff from the outlet will not compromise the integrity of the sanitary
sewer, and 2. The sanitary sewer is not located below the normal water level (NWL) of Pond
2.
39. The outfall from Pond 3 shall not outlet upslope of the proposed trail.
40. The applicant shall clarify the avoidance of the drainageway to be preserved during the
construction of Pond 4 and, if possible, redesign the pond to provide additional storage and
treatment in lieu of avoiding the drainageway.
41. Pond 5 shall be constructed prior to the construction of all the areas that drain to it.
42. Drainage and utility easements (minimum 20 feet in width) shall be provided over all
existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds.
43. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the following table of slopes and time frames:
TTpe of Slone
Time (Maximum time an area can
Steeper than 3:1
7 days remain open when the area
10:1 to 3:1
14 days is not actively being worked.)
Flatter than 10:1
21 days
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.
44. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as -needed.
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45. The applicant shall be proactive in addressing potential run-on problems in the vicinity of the
extreme southeast comer of the property. This would potentially involve vertically tracking
equipment up and down the graded faces of the slope to increase roughness and prevent rilling.
Similar practices shall he used behind the homes along the central part of Outlot A.
46. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $242,760.
47. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES
Phase H Construction Site Permit), Minnesota Department of Natural Resources (for
dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota
Department of Health) and comply with their conditions of approval.
48. The applicant shall demonstrate that the outlet pipe installation and elevation will not impact
the wetland.
49. If recommended by the Park and Recreation Commission, park fees shall be paid as per City
ordinance at the rate of final platting.
50. Tree protection fencing shall be installed prior to construction around all areas designated for
preservation and/or at the edge of proposed grading limits.
51. A walk-through inspection of the silt/tree preservation fence shall be required prior to
construction.
52. No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off.
53. A turf plan shall be submitted to the City indicating the location of sod and seeding areas.
54. Buffer plantings shall be installed along the east property line in the rear yards of Lots 7
through 16, Block 3 and Lots 1 through 5, Block 10.
55. Applicant shall remove Emerald Queen Norway maple from the planting schedule. The
applicant shall substitute another species with approval from the City.
56. A conservation easement shall be recorded over Outlot A.
57. The developer shall work with staff to develop and install appropriate markers at lot lines to
demarcate the primary zone.
58. The applicant shall submit a plan for the revegetation of any areas of grading within Outlot
A. The plan shall incorporate native plants and be consistent with the City's Bluff Creek
Natural Resources Management Plan Appendix C. Special attention should be paid to areas
with steep slopes (greater than 3:1). Staff recommends that the Hill Prairie planting list be
RIS
0 0
Planning Commission Meeting —April 18, 2006
used for the restoration."
59. The developer shall work with staff to develop architectural variety or texture for the garage
doors, whether windows or other type of architectural variety.
60. Developer will reconsider their tree preservation plan in an attempt to save significant trees
currently slated for removal.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC HEARING:
GREEN GARDENS: REOUEST FOR AN AMENDMENT TO INTERIM USE PERMIT
#96-2 FOR EXPANSION OF THE WHOLESALE/RETAH, NURSERY USE. THE SITE
IS LOCATED IN THE AGRICULTURAL ESTATE (A-2) DISTRICT AT 850 FLYING
CLOUD DRIVE, PLANNING CASE 06-15.
Public Present:
Name Address
Keith Werner 850 Flying Cloud Drive
Corey Truebenbach 404 Synchove Street, Jordan
Skip Cook . 850 Flying Cloud Drive
Josh Metzer presented the staff report on this item.
McDonald: Who would like to start?
Keefe: I'll go first. Just a quick question Josh in regards to, you know it says in the fall of '04
and '05, staff conducted an inspection and found this non-compliance. How do we get from
there to here? Did anything happen between the time that those?
Metzer: It was basically trying to figure out which route they wanted to go. Whether or not they
wanted to go through the process of amending the NP or whether or not they had the ability to
make these changes that they were proposing, or whether or not they had the ability to change it
back to comply with the original IUP. What happened was, between the time that the original
IUP was adopted in 1996, it had changed operators, tenants and in that the idea and the
conditions of approval, what was considered complying and not complying kind of got lost.
Aanenson: Different proprietors probably of what was permitted.
Metzer: Right, and so over time it was just kind of a back track if you will to what is complying
and what's not.
Keefe: Is it your sense then that the applicant will be able to make the improvements that are.
37
The Pemtom Land Company
7697 ANAGRAM DRIVE
EDEN PRAIRIE, MINNESOTA 55344
(952) 937-0716 • FAX (952) 937-8635
TO: Honorable Mayor, Members of the Chanhassen City Council,
Chairperson, Members of the Planning Commission and Professional Staff
CITY OF CHANHASSEN
RECEIVED
SUBJECT: The Preserve
Lois and Gayle Degler Farm MAR 1 7 2006
DATE: March 17, 2006
CHANHASSEN PLANNING DEPT
We are pleased to present to you a proposal for a new neighborhood of single-family
cluster detached homes to be called The Preserve.
BACKGROUND:
The Preserve property is located at 1630 Lyman Boulevard. The family and owners of the
property are long time Chanhassen residents. Gayle and Lois Degler have been farming
this picturesque land along with their parents for two generations. Gayle Degler's
commitment to the community also includes his time serving as a Carver County
Commissioner. Pemtom has had a long history and relationship with the Degler family
for the past fifteen years. Over the last six months we have worked hard to help the
Deglers through the purchase process.
The City of Chanhassen has initiated the proposed MUSA expansion, completed the
AUAR and held numerous public meetings on all aspects of this site. The staff worked
very hard over the past few years to get this done, and took a primary leadership role in
this process. We would like to compliment the city staff for the leadership, diligence and
planning that has gone into this new expansion area.
As part of the process, the Deglers signed an easement agreement with the City of
Chanhassen. This easement agreement allowed for the sewer and water lines to go
through the western boundary of their property and will eventually provide services for
the Deglers as well as the development to the South and West. The work done on the
improvements changed the landscape that they had enjoyed for so many years. Because
of the families strong ties to the land this has been a difficult procedure for the entire
family.
The property has many outstanding features including Bluff Creek Valley and the land
forms that are adjacent to it. This amenity provides for some spectacular views to the
southwest along this corridor and contributes to the site's unique sense of openness. In
response to the character of the site, we feel strongly that a unique development pattern is
called for.
The design of the neighborhood is based on the realization that there is a shifting market
that is being led by demographics and economics. This has led us to propose a cluster
single family lot design instead of a more traditional single family neighborhood.
SCANNED
City of Chanhassen — The Preserve
March 17, 2006
Page 2 of 6
The cluster design allows us to preserve more of the sites natural features and to address
the changing trends in the marketplace. This type of community has been gaining
momentum, triggered by the aging of the baby boomer generation as well as economic
advantages. Our demographics show people still enjoy the privacy of a single family
home but place a high priority on the convenience of a lower maintenance lifestyle. We
are confident that this new product line will provide the City of Chanhassen with a
desirable neighborhood that will add diversity within the Chanhassen community and
will be ahead of the curve of lifestyle variety.
SITE CONDITIONS:
Located south of Lyman Boulevard and east of Audubon Road and the Bluff Creek, the
78 -acre site is currently agricultural land. Being primarily open in nature, the site offers a
rolling topography with spectacular views of Bluff Creek. A few scattered large oaks
exist on the north end of the property along Lyman. Some additional wooded areas are
found along and associated with the creek. Four wetland areas have been delineated on
the site; two of which border the creek (7.0 ac total), and two isolated smaller wetlands
(0.9 ac. total) within the farm fields.
Roughly 20 acres of the site fall within the Bluff Creek Primary Overlay District, a
corridor established by the City to protect the natural environment of Bluff Creek. As
outlined in the City's zoning code, the stated purposes of the district include the
following excerpts:
• "Promote innovative development techniques such as cluster development and
open space subdivisions..."
• "Encourage a development pattern that allows people and nature to mix."
• "Bncourage cost effective site development .... reduced infrastructure engineering
and construction costs because of lot configurations, shortened streets, and
reduced utility runs. Long term savings can be realized by the City of
Chanhassen associated with infrastructure maintenance costs"
An east -west collector road is also under construction by the City of Chanhassen. The
collector crosses Bluff Creek at the southern portion of the property and will serve as a
connection to Audubon Road. This collector will serve as the primary access to this
neighborhood. Lyman Boulevard will be only used for a construction entrance, but
discussion with staff has indicated that a secondary emergency access point for the
neighborhood may be allowed from Lyman Boulevard.
The City of Chanhassen is also currently bringing trunk utilities along Bluff Creek to
service development areas to the south. These utilities are being constructed in a 50'
City of Chanhassen — The Preserve
March 17, 2006
Page 3of 6
wide utility easement granted to the City by the landowners. Current city plans are to
place a bituminous trail within this utility corridor for pedestrian use along Bluff Creek.
SITE DESIGN AND AMENTIES:
The exceptional character of the site yields itself towards a unique development pattern.
As stated earlier, we are proposing a cluster style approach to this development that
places detached single-family homes on smaller lots instead of the typical large -lot
approach. This cluster approach is proposed to maintain and utilize the exceptional
character of the site to the greatest extent possible while limiting the development
"footprint". This development approach and products being proposed are unique to the
City of Chanhassen. Chanhassen, like most communities, offers the single-family home
in various price points, town homes and apartments. To our knowledge, this will be the
first clustered community of single-family detached homes in Chanhassen.
Consistent with this cluster approach, the design of our neighborhood integrates both 31'
public and 28' private streets into the neighborhood street system in a way that minimizes
the overall impact of the development. Dead end streets are minimized, and streets are
looped where possible to promote connectivity.
Parking is provided both on street and in driveways. Sidewalks are provided on one side
of the street adjacent to the curb. Pedestrian connections are also provided through the
neighborhood to a trails system meandering along the Bluff Creek Overlay District.
A proposed community center area is located in the heart of the neighborhood. Early
plans for this area host a recreation center, tot lot, swings, and pergola structure similar in
character to the architecture of the homes. Street trees will line all streets, and will be
located behind the sidewalks. Heavy buffer plantings line the length of the proposed
East-West collector road. Ornamental street lighting will be provided as part of the
traditional neighborhood theme. A Homeowner's Association is responsible for
maintenance of the street system, landscaping, and amenity areas.
Special attention has been paid to the character of the neighborhood streetscape by
slightly reducing the front yard setbacks to an ideal distance. These reduced setbacks
also contribute to minimizing development impact on the Bluff Creek Overlay District.
SITE DATA:
Total site area 78.8 acres
Existing Zoning Rural
Proposed Zoning PUD, QM Resid R-8)
City of Chanhassen — The Preserve
March 17, 2006
Page 4 of 6
Primary Bluff Impact Zone 19.80 acres
Wetlands (outside BCOD) 0.89 acres
Total Public Right -of -Way 10.85 acres
Collector ROW 2.91 acres
Lyman Blvd ROW 1.83 acres
Other internal ROW 6.11 acres
Outlot A (BCOD. trails. wetland mit.. and pondina) 27.70 acres
Outlot B
(Chanhassen Lift Station #24)
0.35 acres
Outlot C.D.E
H,J.L.& N (private streets)
3.84 acres
Outlots F
G. & I (private open space)
0.58 acres
Outlot K
(Existing wetlands and buffer)
1.90 acres
Outlot M
City ponding)
4.71 acres
Outlot O
(private open space)
2.19 acres
Net Residential Area (net outlots) 27.74 acres
155 Proposed Home sites
Gross Density (units / gross site area 1.94 un/ac
Net Density (units / net residential area): 5.59 un/ac.
ARCHITECTURE:
Ryland Homes has been in the Twin Cities market for nearly 10 years and during that
time has become one of the areas leading homebuilders. Ryland's sensitivity to
neighborhood design and traditional architecture are evidenced by recognition from
numerous sources including: the 1000 Friends of Minnesota, 2004 Smart Growth Design
Award, the Sierra Club, Building Better, and A Guide to America's Best New
Development Projects. Ryland has built their reputation by providing high quality homes
that meet the changing expectations of the market. Our success in the marketplace is a
testament to the consumer's acceptance of our product he. The expertise and
commitment that we bring to each and every project will ensure that this neighborhood
will be a very desirable addition to the City of Chanhassen.
The Tradition Homes, built by Ryland, have been recently redesigned to provide updated
features to the exterior and interior of the home. Some of the exterior improvements
include a new design that reduces the number of garage doors by introducing a third stall
home with a tandem garage. We are also introducing a home specifically designed for a
comer lot. The garage for this home is side loaded and placed at the rear of the home.
Both of these improvements increase the visual appeal of the streetscape by reducing the
dominance of garage doors as you move through the neighborhood. We have updated
City of Chanhassen — The Preserve
March 17, 2006
Page 5 of 6
our floor plans to provide the amenities and living spaces that today's discriminating
home buyer is requesting. They provide a carefree lifestyle that will appeal to families,
professional couples and active adults.
The Tradition Homes have three to four bedrooms and 21/2 baths. Many of the floor
plans include a formal living room, formal dinning room and eat -in -kitchen. The master
bedrooms have a private bath and walk -in -closet. Additional bedrooms and the living
area are available in the optional finished basement. Enjoyment of the outdoors is
provided with deck and sun porch options and numerous walk -out -homes with views of
the natural features the site offers.
DEVELOPER:
The Pemtom Land Company has been active in the building and development community
in the Metropolitan area since 1963. Our goal is to work with the natural features of sites
to create quality home sites with appealing streetscapes using the topography and natural
beauty of the land.
Dan Herbst, President of The Pemtom Land Company, has been actively involved in the
Chanhassen community for many years and has been a resident since 1970. He helped
found the Chanhassen Jaycees and served as Officer and Director of the Chanhassen
Chamber of Commerce as well as being a member and Chairman of the Chanhassen
Planning Commission and member of the Chanhassen Lions and American Legion. He
served as President and Board Member of the Carver County Coordinated Services,
which was a nonprofit fundraiser for the Carver Area Rural Transportation (CART).
Neighborhoods we have created in the vicinity include Crimson Bay in Chanhassen,
Trillium Bay and Eagle Bluff in Minnetrista, Swiss Mountain in Victoria, Wynnfield on
Dell Road and Settlers Ridge and Settlers West in Eden Prairie and Chanhassen. Other
neighborhoods in Eden Prairie include Entrevaux, Kingston Ridge, St. Johns Woods and
Normandy Crest. In Minnetonka our neighborhoods include Chimo, McCarthy's Woods,
Brynmar Place, and Greenwoods on the Lake.
WESTWOOD PROFESSIONAL SERVICES:
The Planners, Landscape Architects, Engineers, and Wetland Scientists at Westwood
Professional Services have provided land development consulting services for over 32
years. Westwood's approach to the environment is to provide quality places to live,
work, and play while protecting our natural resources to the greatest extent possible.
Westwood has vast experience in developing unique communities throughout the region,
including projects similar in size and scope to this project.
City of Chanhassen — The Preserve
March 17, 2006
Page 6 of 6
SUMMARY:
As the land developer we realize that the market has in the past and will in the future
dictate changes. We feel that we have been responsive in recognizing the needs of our
consumers and builder, the Ryland Group. We feel confident that the standard of this
new contemporary and desirable community will complement the surrounding neighbors.
We desire to work cooperatively, not only with the neighbors, but also with the City of
Chanhassen staff to provide the necessary improvements to serve this area. Once the
improvements are fiilly in place, there will be added value to all of the surrounding
properties. We will continue to work with the planning, engineering and transportation
staff to insure that our plan is complementary to the beautiful creek corridor.
We look forward to working with the neighbors and the city to complete our final plat.
If you need any additional data to process this submission, please do not hesitate to
contact the undersigned, Cory Meyer at Westwood Professional Services, 952-937-5150
or Brian Sullivan at the Ryland Group, 952-229-6000
Sincerely,
THE PEMTOM LAND COMPANY
Daniel J. Herbst
President
Daniel D. Cook
Finance
Phone: 952.227.1140
On Monday, May 8, 2006 the Chanhassen Cit Council approved the rezoning of
Y+ Y Y PP g
Fax:952.227,1110
MEMORANDUM
Phone: 952717.1130
TO: Todd Gerhardt, City Manager
CITYOF
FROM: Kate Aanenson, Community Development Director(,
CHOUBSEN
Vv�
Recreation Center
DATE: May 14, 2007
7700 Market Boulevard
lots and 8 outlots. Outlot A (28 acres), which includes the Bluff Creek Overlay
PO Box 147
Chanhassen, MN 55317
SUBJ: Final Plat Approval
Senior Center
The Preserve at Bluff Creek 2°d Addition
Administration
ne:952t 27.11
Phone: 952.227.1100
Fax: 952.227.1110
PlanningCase No. 06-14
i
/ rj 1 t // iyo
Fax 952227.1110
✓�� $G r �xttal ry Ce1 I `� �'�' t
Building lea 27.1 a
Phone: X2.227.11818 0
PROPOSAL SUMMARY
Fax 952.227.1190
private park. Outlot G (1.17 acres) is a drainage easement over a wetland. Outlot
Final plat approval for The Preserve at Bluff Creek 2°d Addition.
Engineering
Phone: 952.227.116o
Fax: 952.227.1170
BACKGROUND
Finance
Phone: 952.227.1140
On Monday, May 8, 2006 the Chanhassen Cit Council approved the rezoning of
Y+ Y Y PP g
Fax:952.227,1110
the land within the plat for "The Preserve" from Agricultural Estate District, A2, to
Phone: 952717.1130
Planned Unit Development -Residential, PUD -R; approved a conditional use permit
Park & Recreation
Phone: 952227.1120
to permit development within the Bluff Creek Overlay District and alterations
Fax 952.227.1110
within the flood plain; and approved the preliminary plat for "The Preserve"
Recreation Center
creating 155 lots, 15 outlots and right-of-way for public streets.
2310 Coulter Boulevard
lots and 8 outlots. Outlot A (28 acres), which includes the Bluff Creek Overlay
Phone 95220
- Fax 952.227.1404.1404
The 151 Addition was platted anlots.
P d in June of 2006 d included 53 l -
Planning a
FINAL PLAT REVIEW
Natural Resources
Phone: 952717.1130
Fax 952.227.1110
Ryland Homes is platting the 2nd Addition of The Preserve at Bluff Creek. This
phase includes the dedication of the right-of-way for River Rock Road North and
Public Works
1591 Park Road
right-of-way for the extension of Audubon Road. The plat includes 4 blocks, 12
Phone: 952227.1300
lots and 8 outlots. Outlot A (28 acres), which includes the Bluff Creek Overlay
Fax 952.227.1310
district, will be dedicated to the City. Compensation for the elimination of five
Senior Center
lots in the northwest corner will be in the amount of $216, 709 which will be
Phone: 952227.1125
executed with this addition. Outlot B (19 acres) will be platted in the future.
Fax 952227.1110
Outlot C (0.14 acre) and Outlot D (0.10 acres) are drainage and utility easements.
Web Site
Outlot E (0.34 acres) is private street right-of-way. Outlot F (0.20 acres) is a
www.d.dranhasserinn.us
private park. Outlot G (1.17 acres) is a drainage easement over a wetland. Outlot
H is the location of the City's lift station.
One of the issues at the time of preliminary plat was the amount of additional
impervious available per lot. The applicant has prepared a Lot Impervious
Coverage Analysis. Using an average lot and the largest home, there is an
The City of Chanhassen e A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Todd Gerhardt
The Preserve at Bluff Creek 2nd Addition
May 14, 2007
Page 2 of 15
additional 570 square feet of hard cover per lot. Ryland Homes has included an architectural
detail book that describes the color choices and location of the site and street orientation.
EXISTING CONDITIONS
The site contains a small wetland on the east side and several along Bluff Creek on the west side.
The central portion of the site is generally the highest and the slopes along the north and east side
of the property are moderate; slopes along the west and south sides of the property are steeper.
Lift Station #24 is in the northwest comer of the property and partially lies within a drainage and
utility easement. The lift station and lift station access must be shown on the plans. The
temporary sales trailer south of the lift station will remain until August 1, 2008 per the agreement
between the City and Ryland, unless the property to the west develops prior to August 1.
The overhead power lines along the south side of Lyman Boulevard will remain.
EASEMENTS AND RIGHT-OF-WAY
The existing 100 -foot wide (measured from the centerline of Lyman Boulevard) drainage and
utility easement along the eastern 650 feet of the property will remain. This easement was
granted to the Freeburgs and Dorseys in 1979 for underground drainage tile.
Blanket drainage and utility easements will be platted over the outlots. Private utilities (e.g.
storm sewer that only conveys runoff from a private street) within outlots shall be owned and
maintained by the association.
The plat includes an 80 -foot wide right-of-way for the future construction of a public street
extending from the Lyman Boulevard/Audubon Boulevard intersection. A 60 -foot wide right-of-
way is sufficient; therefore, the final plat must be revised. The plans must show the existing
Audubon intersection. This street will not be constructed with any future phase of this
development. This street will provide access to the future development to the west and will be
constructed by the developer of the property to the west.
The public street will be within a 60 -foot wide right-of-way.
GRADING AND DRAINAGE
The developer proposes to mass grade the proposed second addition as well as the future
development area in order to balance the earthwork.
The grading for the future lots east of future River Rock Drive from The Preserve at Bluff Creek
2°d Addition to the cul-de-sac must be revised so that the minimum finished grade is no less than
2%.
Todd Gerhardt
The Preserve at Bluff Creek 2nd Addition
May 14, 2007
Page 3 of 15
The developer has submitted hydrologic and hydraulic calculations for the proposed development
for the proposed site for staff review. The ponding design meets minimum requirements. The
storm sewer sizing calculations will be reviewed during construction plan review.
RETAINING WALLS
A 60 -foot long retaining wall is proposed east of Wetland 4. The maximum height of this
retaining wall is eight feet.
A 280 -foot long, two-tiered retaining wall is proposed on the east property line, north of future
Mills Drive. The maximum combined height of this retaining wall is 12 feet. There may be an
opportunity to reduce the height of this wall or eliminate this wall when the property to the east
develops. Staff recommends that this retaining wall be deleted from Phase 2 improvements and,
if necessary, constructed when the area is platted into lots and blocks.
Lateral sanitary sewer and watermain will be installed within Phase 2 of the final plat. Lateral
utilities to serve the future lots will be installed when the area is final platted.
When the area south of Lyman Boulevard is final platted, an 18 -inch diameter watermain must be
installed on the south side of Lyman Boulevard to the east property line. The developer will be
reimbursed the cost difference between an 8 -inch lateral and the 18 -inch trunk watermain with
final plat approval of that area of the development.
Homes with a low floor elevation of 935' or lower will require a pressure -reducing valve within
the house.
The developer will be responsible for extending lateral sewer and water service to the lots;
therefore, the sanitary sewer and water connection charges will be waived.
The assessments for the 2005 MUSA improvements were paid in full with the first phase.
Each new lot is subject to the sanitary sewer and water hookup charges. These fees are collected
with the building permit and are based on the rates in effect at the time of building permit
application. The party applying for the building permit is responsible for payment of these fees.
STREETS
The development is subject to the arterial collector fee, which must be paid in cash with the final
plat and is calculated as follows:
Todd Gerhardt
The Preserve at Bluff Creek 2nd Addition
May 14, 2007
Page 4 of 15
Total area of final plat
Outlot A, City outlot
Outlot B, future phase
Outlot C, open space
Oudot D, trail
Outlot E, private road
Outlot F, open space
Outlot G, wetland
Outlot H, City outlot
River Rock Drive ROW
Audubon Road ROW
52.43 acres
(27.83 acres)
(18.64 acres)
(0.14 acres)
(0.10 acres)
(0.34 acres)
(0.20 acres)
(1.47 acres)
(0.35 acres)
(0.47 acres)
(0.60 acres)
2.29 acres x $2,400/acre = $5,496.00
Future phases of the development will be subject to this fee at the rate in effect at the time of
final plat.
The developer will extend River Rock Drive, a 31 -foot wide public street, to the northern
boundary of Lot 1, Block 3. A temporary turnaround is not required at the northern temporary
terminus since only two lots will access this temporary stub.
Jersey Way, a 28 -foot wide private street, will also be constructed with this phase.
The construction plans must be revised to reflect that private streets will lie within outlots, not
public right-of-way.
Curbs on public streets shall be high -back; curbs on private streets shall be surmountable.
The developer will construct five-foot wide concrete sidewalks on both sides of River Rock
Drive.
PARKS AND RECREATION
The Park and Recreation Commission recommended at the time of preliminary plat that the City
Council require the following conditions of approval concerning parks and trails for The Preserve
PUD:
The payment of full park dedication fees at the rate in force upon final plat approval in lieu of
parkland dedication. Note: A percentage of park fees may be credited as a portion of any
future compensation for the acquisition of developable lands in the area currently depicted as
Lot 1.
2. The applicant shall provide all design, engineering, construction and testing services required
of the `Bluff Creek Trail" All construction documents shall be delivered to the Park and
Todd Gerhardt
The Preserve at Bluff Creek 2nd Addition
May 14, 2007
Page 5 of 15
Recreation Director and City Engineer for approval prior to the initiation of each phase of
construction. The trail shall be 10 feet in width, surfaced with bituminous material and
constructed to meet all City specifications. The applicant shall be reimbursed for the actual
cost of construction materials for the Bluff Creek Trail. This reimbursement payment shall be
made upon completion and acceptance of the trail and receipt of an invoice documenting the
actual costs for the construction materials utilized in its construction.
3. Outlot H be enlarged through the addition of the land area currently depicted as Lots 1 and 2,
Block 11. The resulting property is to be utilized as a private association -operated recreational
and open space site.
4. Outlots A, B, L and H are conveyed to the City as public property by warranty deed.
Compensation for the elimination of five lots at the northwest corner of the plat will occur with this
plat. The developer will be dedicating all of Outlot A which is included this area. The amount of
compensation is $216,709.
LANDSCAPING
The developer has provided a landscape plan that exceeds the minimum standards of the City.
WETLANDS
A wetland buffer with a minimum width of 16.5 feet must be maintained around all wetlands and
wetland mitigation areas. Wetland buffer areas should 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. All structures must maintain a setback of at least 40 feet from the wetland buffer edge.
Wetland Replacement
Because no wetland impacts are proposed in conjunction with this project, no wetland mitigation
is required. However, the applicant has shown two proposed wetland mitigation areas within the
project area. These mitigation areas will be designed and constructed by the City in conjunction
with the East-West Collector project.
REVIEW CONDITIONS OF APROVAL
On June 26, 2006 the City Council approved the V Addition of the plat subject to the following conditions:
1. The "Existing Conditions" plan must be revised to show the drainage and utility easement
that was granted to the City and contain trunk sanitary sewer and watermain.
This condition hos been met.
Todd Gerhardt
The Preserve at Bluff Creek 2nd Addition
May 14, 2007
Page 6 of 15
2. The applicant must provide documentation indicating that the proposed right-of-way for
Lyman Boulevard meets Carver County's requirement.
This condition has been met.
3. A portion of some lots lie within the floodplain. Until a letter of approval from FEMA has
been received, homeowners may be required to obtain additional flood insurance.
This condition has been met.
4. Any grading within the floodplain will require a Conditional Use Permit.
Not applicable with this phase.
5. Catch basins on each side of all public streets must be no more than 300 feet apart.
Not applicable with this phase.
6. The outlet for Wetland A will be constructed when the property to the east develops.
Not applicable with this phase.
7. All buildings must be demolished before the second phase.
This condition still applies. There is a storage building on the property just behind the City's
lift station that needs to be removed.
8. Any retaining wall four feet high or taller requires a building permit and must be designed by
an Engineer registered in the State of Minnesota.
This condition still applies.
9. To the maximum extent practicable, the trail along the east side of Bluff Creek must be
within close proximity of the manholes for the existing trunk sanitary sewer.
This condition still applies.
10. The developer must pay $15,776 in cash with the final plat for the pro -rated cost for the
preparation of the 2005 MUSA AUAR.
This condition has been met.
11. The outstanding assessments — $310,999.03 for 2005 MUSA roads and water, and
$162,976.08 for Highway 101/Lyman Boulevard/Highway 312/11ighway 212 must be paid
with the final plat or reassessed to the lots and outlots for future development.
Todd Gerhardt
The Preserve at Bluff Creek 2nd Addition
May 14, 2007
Page 7 of 15
Not applicable with this phase.
12. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are
collected with the building permit and are based on the rates in effect at the time of building
permit application. The party applying for the building permit is responsible for payment of
these fees.
This condition still applies.
13. The City will construct Bluff Creek Boulevard Improvements to serve the development in
conjunction with public improvement project No. 06-05. The property within the plat will be
specially assessed for this project.
Not applicable with this phase.
14. The development is subject to the arterial collector fee of $38,400 which must be paid in cash
with the final plat.
Not applicable with this phase.
15. Curbs on public streets will be high -back; curbs on private streets will be surmountable.
This condition still applies.
16. Sidewalks to public -streets and within privately owned outlots shall be owned and maintained
by the homeowners association. Outlot C (Trail) and other sidewalks on public streets can be
used by the public.
This condition still applies.
17. All structures shall maintain a 50 -foot setback from the ordinary high water level of Bluff
Creek. All structures shall maintain a minimum 40 -foot setback from the primary corridor.
No alterations shall occur within the primary corridor or within the fust 20 feet of the setback
from the primary corridor. The 50 -foot setback, primary corridor boundary, 40 -foot structure
setback and 20 -foot grading setback shall be shown on the plans.
Not applicable with this phase.
18. The applicant shall provide details for the proposed trail crossing of Bluff Creek. Minnesota
Department of Natural Resources (DNR) permits shall be obtained for all creek crossings. In
addition, the trail alignment shall be revised to cross Bluff Creek in the same location as the
sanitary sewer crossing. Immediately south of the creek crossing, the trail intersection shall
be redesigned to avoid impact to the trees.
Todd Gerhardt
The Preserve at Bluff Creek 2nd Addition
May 14, 2007
Page 8 of 15
This condition still applies.
19. The applicant shall provide information to show the outlet for Wetland 7 and the routing of
water to a public waterbody.
This condition still applies.
20. The proposed sanitary sewer and storm sewer outlet in the vicinity of Pond 2 shall be revised
to ensure: 1. The runoff from the outlet will not compromise the integrity of the sanitary
sewer; and 2. The sanitary sewer is not located below the normal water level (NWL) of Pond
1.
Not applicable with this phase.
21. The applicant shall clarify the avoidance of the drainage way to be preserved during the
construction of Pond 2 and, if possible, redesign the pond to provide additional storage and
treatment in lieu of avoiding the drainage way.
Not applicable with this phase.
22. Pond 3 shall be constructed prior to the construction of all the areas that drain to it.
Not applicable with this phase.
23. Drainage and utility easements (minimum 20 feet in width) shall be provided over all existing
wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds.
This condition still applies.
24. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the following table of slopes and time frames:
TTyW of Slope
Time (Maximum time an area can
Steeper than 3:1
7 days remain open when the area
10:1 to 3:1
14 days is not actively being worked.)
Flatter than 10:1
21 days
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.
Todd Gerhardt
The Preserve at Bluff Creek 2nd Addition
May 14, 2007
Page 9 of 15
25. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as -needed.
This condition still applies.
26. The applicant shall be proactive in addressing potential run-on problems in the vicinity of the
extreme southeast corner of the property. This would potentially involve vertically tracking
equipment up and down the graded faces of the slope to increase roughness and prevent rilling.
Similar practices shall be used behind the homes along the central part of Outlot A.
Not applicable with this phase.
27. The estimated total SWMP fee, due for Phase I payable to the City at the time of final plat
recording, is $98,960.$29,634.00
This condition shall be modified as noted.
28. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency
(NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources
(for dewatering), Army Corps of Engineers, Minnesota Department of Transportation,
Minnesota Department of Health) and comply with their conditions of approval.
This condition still applies.
29. Phase I Park and Trail fees are $307,400.
This condition shall be modified as follows: Park and Trail fees for the 2°a Addition are
$69,600.
30. Tree protection fencing shall be installed prior to construction around all areas designated for
preservation and/or at the edge of proposed grading limits.
This condition still applies.
31. A turf plan shall be submitted to the City indicating the location of sod and seeding areas.
This condition still applies.
32. Applicant shall remove Emerald Queen Norway maple from the planting schedule. The
applicant shall substitute another species with approval from the City.
This condition still applies.
Todd Gerhardt
The Preserve at Bluff Creek 2nd Addition
May 14, 2007
Page 10 of 15
33. The developer shall work with staff to develop and install appropriate markers at lot lines to
demarcate the primary zone.
This condition still applies.
34. It is the intent of the City to draft the terms and conditions for the trailer at the City's lift
station location.
This condition has been met.
35. The existing drainage and utility easement that Lift Station #24 partially lies within shall be
vacated once The Preserve plat is filed.
Not applicable with this phase.
36. A 50 -foot wide drainage and utility easement centered over the existing trunk sanitary sewer
must be platted and shown on the plans.
Not applicable with this phase.
37.Outlots containing public utilities-watermain, sanitary sewer and storm sewer that conveys
runoff from a public street -must have blanket drainage and utility easements over the outlot.
Private utilities (e.g. storm sewer that only conveys runoff from a private street) within
outlots shall be owned and maintained by the association.
This condition still applies.
38. The developer shall plat additional right-of-way for Lyman Boulevard/CSAH 18 if required
by Carver County.
Not applicable with this phase.
39. The "40' ROW ' note shown on the grading plan for River Rock Circle and Deere Circle
must be deleted since these will be private streets within an outlot.
Not applicable with this phase.
40. The right-of-way for Degler Drive South must be platted to provide access to Town and
Country's proposed Liberty at Creekside development to the south.
This condition has been met.
41. Fences, extensive landscaping and retaining walls cannot be installed within the drainage and
utility easement over the trunk sanitary sewer and watermain.
Todd Gerhardt
The Preserve at Bluff Creek 2nd Addition
May 14, 2007
Page 11 of 15
This condition has been met.
42. Staff recommends that the developer build side lookout units on Lots 3, 9 and 10, Block 5
since this housing style is better suited for the proposed grading.
Not applicable with this phase.
43. Additional catch basins are required at the following locations:
a) The comer of Lots 11 and 16, Block 1
b) Stations 6+50 and 2+25 on Degler Drive North, and
c) Station 2+50 on River Rock Circle
Not applicable with this phase.
44. A building permit is required for the proposed retaining wall. The wall must be designed by
an Engineer registered in the State of Minnesota.
Duplicate condition.
45. Lift Station #24 must be placed within an outlot that will be deeded to the City. The fully
executed Quit Claim Deed for this outlot must be submitted with the final plat mylars.
This condition has been met.
46. Homes with a low floor elevation of 935' or lower will require a pressure reducing valve
within the house.
This condition still applies.
47. To the maximum extent practicable, the trail along the east side of Bluff Creek must be
within close proximity of the manholes for the existing trunk sanitary sewer.
Duplicate condition.
48. The developer's share of the cost to prepare the 2005 MUSA AUAR is $14,365.00, which
must be paid in cash with the final plat.
This condition has been met.
49. The developer shall pay $165,267.78 in cash with the final plat to pay the 2005 MUSA (City
project 04-05) and Highway 101/212/312 and Lyman Boulevard (03-09) assessments for the
lots within the final plat.
This condition has been met.
Todd Gerhardt
The Preserve at Bluff Creek 2nd Addition
May 14, 2007
Page 12 of 15
50. The developer must post a $308,707.74 security for the assessment amount that will be
reapportioned to Outlots A and B.
This condition has been met.
51. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are
collected with the building permit and are based on the rates in effect at the time of building
permit application. The party applying for the building permit is responsible for payment of
these fees.
Duplicate condition.
52. The developer must work with staff to ensure that the construction plans comply with the
City's standard specifications and that all appropriate detail plates are included in the plan
set.
This condition has been met.
53. The developer shall pay the $38,400.00 Arterial Collector Fee with the final plat.
This condition has been modified as follows: The $5,496.00 arterial collector fee for this phase
must be paid in cash with the final plat.
54. The development plans must be changed to reflect the street names approved by the Fire
Marshal.
This condition has been met.
55. The street grades at Station 4+50, Deere Circle and Station 2+00, River Rock Circle must be
adjusted to meet the 7% maximum allowable slope.
This condition has been met.
56. Sidewalks adjacent to private streets and within privately owned outlots shall be owned and
maintained by the homeowners association and can be used by the public."
Duplicate condition.
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
The Chanhassen City Council approves the Final Plat for The Preserve at Bluff Creek 2°d Addition subject
to the following conditions:
Todd Gerhardt
The Preserve at Bluff Creek 2nd Addition
May 14, 2007
Page 13 of 15
1. The lift station and lift station access must be shown on the plans.
2. The right-of-way for the future public street on the south side of Lyman Boulevard at
Audubon Road shall be 60 feet.
3. The plans must show the existing intersection of Audubon Road and Lyman Boulevard.
4. The grading for the future lots east of future River Rock Drive from The Preserve at Bluff
Creek 2°d Addition to the cul-de-sac must be revised so that the minimum finished grade is
no less than 2%.
5. Homes with a low floor elevation of 935' or lower will require a pressure reducing valve
within the house.
6. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are
collected with the building permit and are based on the rates in effect at the time of building
permit application. The party applying for the building permit is responsible for payment of
these fees.
7. The $5,496.00 arterial collector fee for this phase must be paid in cash with the final plat.
8. The construction plans must be revised to reflect that private streets will he within outlots,
not public right-of-way.
9. Curbs on public streets shall be high -back; curbs on private streets shall be surmountable.
10. There is a storage building on the property just behind the City's lift station that needs to be
removed.
11. Any retaining wall four feet high or taller requires a building permit and must be designed by
an Engineer registered in the State of Minnesota.
12. To the maximum extent practicable, the trail along the east side of Bluff Creek must be
within close proximity of the manholes for the existing trunk sanitary sewer.
13. Park and Trail fees for the 2°d Addition are $69,600.
14. The applicant shall provide details for the proposed trail crossing of Bluff Creek. Minnesota
Department of Natural Resources (DNR) permits shall be obtained for all creek crossings. In
addition, the trail alignment shall be revised to cross Bluff Creek in the same location as the
sanitary sewer crossing. Immediately south of the creek crossing, the trail intersection shall
be redesigned to avoid impact to the trees.
Todd Gerhardt
The Preserve at Bluff Creek 2nd Addition
May 14, 2007
Page 14 of 15
15. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the following table of slopes and time frames:
TTyRp of Slope
Time (Maximum time an area can
Steeper than 3:1
7 days remain open when the area
10:1 to 3:1
14 days is not actively being worked.)
Flatter than 10:1
21 days
16. Tree protection fencing shall be installed prior to construction around all areas designated for
preservation and/or at the edge of proposed grading limits.
17. A turf plan shall be submitted to the City indicating the location of sod and seeding areas.
18. Applicant shall remove Emerald Queen Norway maple from the planting schedule. The
applicant shall substitute another species with approval from the City.
19. The developer shall work with staff to develop and install appropriate markers at lot lines to
demarcate the primary zone.
20. Sidewalks to public -streets and within privately owned outlots shall be owned and maintained
by the homeowners association. Outlot C (Trail) and other sidewalks on public streets can be
used by the public.
21. The applicant shall provide information to show the outlet for Wetland 7 and the routing of
water to a public waterbody.
22. Drainage and utility easements (minimum 20 feet in width) shall be provided over all existing
wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds.
23. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as -needed.
24. The estimated total SWMP fee, due for Phase I payable to the City at the time of final plat
recording, is $29,634.00.
25. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency
(NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources
(for dewatering), Army Corps of Engineers, Minnesota Department of Transportation,
Minnesota Department of Health) and comply with their conditions of approval.
Todd Gerhardt
The Preserve at Bluff Creek 2nd Addition
May 14, 2007
Page 15 of 15
26.Outlots containing public utilities-watermain, sanitary sewer and storm sewer that conveys
runoff from a public street -must have blanket drainage and utility easements over the outlot.
Private utilities (e.g. storm sewer that only conveys runoff from a private street) within
outlots shall be owned and maintained by the association.
ATTACHMENTS
1. Location Map.
2. The Preserve at Bluff Creek 2°d Addition Final Plat.
3. Lot Area Tabulation.
4. SWMP Fee Worksheet dated May 2, 2007.
91tplant2006 planning cases\06-14 the pn s eV"inal plat documents -2nd addition\pre a 2nd addition Cp.doc
Location Map
The Preserve
1630 Lyman Boulevard
Planning Case No. 06-14
City of Chanhassen
THE PRESERVE A T BLUFF CREEK
2ND ADDITION
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CITY OF CHNNHASSEt1
RECENED
Preserve at Bluff Creek 2nd Addition APR 112007
Project: 20031110.02 Tue April 10 10:57:05 200VIM014MPIANMNODEPT
Parcel Area Listing
Parcel name: Blk. 1, Lot 1
Perimeter: 349.6083 Area: 6,987.4 sf 0.16 ac
Parcel name: Blk. 1, Lot 2
Perimeter: 360.2027 Area: 7,200.6 sf 0.17 ac
Parcel name: Blk. 1, Lot 3
Perimeter: 363.4054 Area: 7,221.1 sf 0.17 ac
Parcel name: Blk. 1, Lot 4
Perimeter. 382.1202 Area: 7,972.9 sf 0.18 ac
Parcel name: Blk. 2, Lot 1
Perimeter: 405.8504 Area: 10,003.5 sf 0.23 ac
Parcel name: Blk. 2, Lot 2
Perimeter: 350.0000 Area: 6,600.0 sf 0.15 ac
Parcel name: Blk. 2, Lot 3
Perimeter: 366.5863 Area: 7,298.7 sf 0.17 ac
Parcel name: Blk. 3, Lot 1
Perimeter: 424.8605 Area: 9,096.1 sf 0.21 ac
Parcel name: Blk. 3, Lot 2
Perimeter. 428.2252 Area: 8,963.7 sf 0.21 ac
Parcel name: Blk. 3, Lot 3
Perimeter: 407.2300 Area: 8,283.9 sf 0.19 ac
Parcel name: Blk. 4, Lot 1
Perimeter: 438.8288 Area: 10,815.0 sf 0.25 ac
Parcel name: Blk. 4, Lot 2
Perimeter. 405.3779 Area: 9,335.2 sf 0.21 ac
Parcel name: Boundary
Perimeter: 8816.0999 Area: 2,284,042.9 sf 52.43 ac
Parcel name: Outlot A
Perimeter: 9159.3269
Area: 1,212,250.8 sf 27.83 ac
Parcel name: Outlot B
Perimeter: 4416.8258
Area: 812,088.8 sf 18.64 ac
Parcel name: Outlot C
Perimeter: 346.1523
Area: 5,890.5 sf 0.14 ac
Parcel name: Outlot D
Perimeter: 345.5451
Area: 4,526.4 sf 0.10 ac
Parcel name: Outlot E
Perimeter: 819.8997 Area: 14,759.5 sf 0.34 ac
Parcel name: Outlot F
Perimeter: 405.1174 Area: 8,913.3 sf 0.20 ac
Parcel name: Outlot G
Perimeter: 1230.4877 Area: 64,068.5 sf 1.47 ac
Parcel name: Outlot H
Perimeter: 568.3304 Area: 15,291.8 sf 0.35 ac
Parcel name: River Rock Dr. No.
Perimeter: 795.8334 Area: 20,273.8 sf 0.47 ac
Parcel name: Audubon Road
Perimeter: 855.1357 Area: 26,201.6 sf 0.60 ac
SWMP FEE WORKSHEET
DATE May 2, 2007
PLANNING CASE 06-14
PROJECT The Preserve - Phase II
Site Area in Acres 52.43
Outlot A - Creek/Wetland (27.83)
Outlot B - Future Development (18.64)
Outlot G - Wetland (1.47)
Assessable area 4.49
ZONING CLASSIFICATION Medium Density
WATER QUALITY
WATER QUANTITY
FEES
Rate per Acre Acres Total
$ 1,900.00 4.49 $ 8,531.00
Rate per Acre Acres Total
$ 4,700.00 4.49 $ 21,103.00
CREDITS
ITEM UNIT QUANTITY UNIT 50% TOTAL
PRICE
Storm water pond
acre
0
$ 1,600.00
0.5
$
Outlet structure
each
0
$ 2,500.00
$
SWMP FEE $ 29,634.00
SWMP CREDITS $ -
TOTAL SWMP FEE $ 29,634.00
City Council Meeting — May 8, 2006
6 (" -►+
21. Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday and 8:00 am.
to 5:00 p.m. on Saturday and Sunday. The sale of seasonal merchandise consisting of pumpkin
and Christmas tree sales shall be permitted from 7:00 a.m. to 10:00 p.m.
22. Exterior light sources shall be shielded.
23. No outside speaker system shall be allowed.
24. The use shall terminate one year following the availability of public sewer and water service.
An annual review shall be made to determine compliance with the attached conditions.
25. The applicant shall work with staff to develop signage that will comply with city ordinances.
26. Stop signs shall be erected at the intersections of the driveways at Highways 101 and 212.
27. No equipment or vehicles shall be stored on the site with the exception of employee vehicles
and equipment necessary for the operation of the nursery.
28. No outside storage of equipment and materials unrelated to the nursery business shall be
permitted.
29. Storage structures shall not be used for retail purposes. A portion of the proposed storage
structure may be allocated as office space to service wholesale customers. Storage of equipment
and materials is permitted in these buildings.
30. No grading of the property shall be permitted unless a grading permit is obtained from the City.
31. The applicant shall work with MnDOT in examining the possibility of relocating the access
point on TH 212 further to the west and providing a deceleration lane along westbound TH 212
in conjunction with the Highway 212 improvements.
32. All loading or unloading should be done on site and not blocking either Highway 212 or 101.
AU voted in favor and the motion carried unanimously with a vote of 4 to 0.
APPROXIMATELY 80 ACRES INTO 156 SINGLE FAMILY CLUSTER LOTS; SITE
BLUFF CREEK OVERLAY DISTRICT AND ALTERATIONS WITHIN THE FLOOD
PLAIN; WETLAND ALTERATION PERMIT FOR CROSSING BLUFF CREEK; AND
VARIANCES.
saureeo
21
City Council Meeting — May 8, 2006
Public Present:
Name Address
Jeff Fox
5270 Howards Point Road
Rick Dorsey
1551 Lyman Boulevard
Marcy Hillerman
7699 Anagram Drive, Eden Prairie
Gayle & Lois Degler
1630 Lyman Boulevard
Justin Larson
Westwood Professional Services
Allan Klugman
Westwood Professional Services
Cory Meyer
Westwood Professional Services
Dan Herbst
7640 Crimson Bay
Dan Cook
7697 Anagram Drive, Eden Prairie
Kate Aanenson: Thank you. The applicant, Pemtom is requesting to rezone a property that's
been zoned A2 to PUD -R. For the approval of 155 lots and 15 outlets. They also approved a
conditional use permit to work within the Bluff Creek Overlay District and alterations of the
flood plain. The Planning Commission held a public hearing on this project on April 18d, 2006
and did recommend 5-0 to approve the plat. There's quite a few things approved in the
attachment, but what I'd first like to do is, instead of going back through some of the comments
is to talk about the zone. How the zone got picked and how we came to the staff recommending
approval of this project. Subject site. Just south of Lyman on the Degler property. The entire
property as stated in the staff report, approximately 80 acres. And looking at the entire 2005
MUSA, and what has been approved to date. I did include in your packet a summary of what we
put in the AUAR and what's been built to date. Just kind of to kind of tie that all back together,
so we anticipated approximately 1,500 units and if this project was to be approved with 155,
we'd be at approximately 800 units. So there was still over 700 units left available for the
development of the two remaining parcels. The other parcels in the area that are not guided
residential would be the Degler property and then included in the AUAR was some of the
Laurent property. So in looking at this and looking at the whole 2005, the goal from the
beginning was to try to preserve the creek corridor. That was the overriding planning principle
was to preserve all this green space, and do something different that we hadn't used in the past in
the city to preserve creek space. So looking at the land uses that, other developments that had
come in already and trying to come up with something, a different style of housing. The
developer went with the smaller lot. So with that, the challenge then was to, how to make that
work and you know we looked at twin homes. Fourplexes and tried to accommodate something
different on the site. Ended up with this single family lot size. And it's different application.
Outlined in your staff report, just take a minute to take a look at, if it's possible, because it is
zoned low density, medium density. Low density. There are several zoning options that could
be applied to the property. One being the 15,000 square foot lot. A very traditional subdivision
lot. PUD -R single family and that we have also in the city. 15,000 square foot average. Excuse
me, 15,000 square foot average. Yeah, average. 11,000 would be the smallest. We have some
subdivisions that use that ... most recently seen on the Sever Peterson property. Again that's a
9,000 square foot single family home, or 72 for twin. R-4 which would allow the 15,000 square
foot single family or a 10,000 for twin. The R-8 which would be a medium density, 7,500 square
foot twin home or 5,000 for a townhouse, so that would be another appropriate zoning. Or the
C: kNa�d
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City Council Meeting — May 8, 2006
PUD detached, which is what this project came where there's no minimum. So if you look at the
average lot size that we put in your staff report, just under 8,000. The smallest lot being in there
just shy of 7,000. You see that they're really far within the range of some of these other medium
density zoning, so again you've got that choice. So again trying to find a different type of
housing product meeting a different nitch if you look through the comprehensive plan, in looking
at the different zoning options and now I'm on page 3 of the staff report. Talking about the
zoning. What they propose on development compatible with the surrounding land uses. Again
this property is similarly zoned, or excuse me, similarly guided with the property immediately to
the west and the southwest. This would be the different zoning. The buffer, transition buffer
you have for the industrial is the creek bed itself and that expanse across the creek. So with that,
you know when we looked at providing again diversity for housing and, again I'm on the top of
page 4 now just talking about the fact that we're trying to preserve that creek corridor. Rather
than letting the lots go right up to the creek floor, we backed those off. Provided additional
buffers outside the overlay district and putting that forward. So with that, this is actually north. I
don't know if that's more helpful. With that we worked on putting together a plan, and there's
actually a lot of iterations to this plan in itself. One in the fact that because it's a PUD -R, and
now I'm on page 5 of the staff report going through. Put in here all the design standards or the
requirements or code for 0, or excuse me. For a small lot, subdivision. Now this again is the
first application. While we've had this in our code, the 1991 code was approved, we haven't
applied this yet. We have used, and I included in your packet, out on North Bay, which was a
Rottlund project. The lot sizes and in there they averaged 3,500 and the difference between this
project and the North Bay project is, those units don't really have a yard. It's all common space.
They have the property that their house sits on but there's not the common space. Then the next
iteration of that was Walnut Grove. Again another Rottlund project. That's been well received,
where they did the two different sizes with smaller lots. Again those are a little bit bigger but
again they don't have individual lots where the house sits on the, the property rights fit along the
house. There's not the, everything else is really common. So this takes it to a different level
where we have a smaller lot but you actually have a back yard, and talk about that. So with this
project you have a 2 car, with the option for a third stacked in, and a side yard, but you have a
bigger lot. You do have your own space to put additions on. Now in the PUD itself, and again
I'm on the bottom of page 5 for the setbacks or the setbacks from Lyman. Also from the eastern
property line and then you've got a letter that says it meets a 100 foot, these are similarly guided
properties, so the setback only needs to be 50 feet, but they're the same ultimate guiding. Not
current zoning, so it does meet city code. So then the question was ... taken from your comments
on the RLM and what was 5, excuse me, yeah the 5 and 10 to get the setbacks. They've also
taken the corner lots and provided an opportunity for the side loaded garage. So there is room
for expansion on these lots which is different than the ones in the Rottlund project where you
probably wouldn't see any additions... opportunity for some porch or deck or even an
opportunity for a swing set or those sort of things in your back yard. There's enough impervious
surface. Again with this type of lot capitalizes on this project is that it takes the opportunity of
the impervious surface outside of the Bluff Creek Overlay zone so you can balance that across
the whole project, so that's the application of the PUD and what we said when we did the Bluff
Creek Overlay District is we would apply that as a tool, so what that does is allow for the smaller
lots to use those areas that are left in common open space to increase the impervious. So with
the setbacks, the only other challenge is on the front yard and the side yard to get that look from
the street, and the street profile itself, there are public streets just to get the access via the
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City Council Meeting — May 8, 2006
collector boulevard. We hopefully we're going to bid here shortly, and then this is a public street
so this would be a typical 60 foot right-of-way and then this is also a public street. The
sidewalks will go along both sides of the public street and they're looping. All these sidewalks
that are shown on this one, I think there's a little bit of excess sidewalk. We do have an
improved modified sidewalk plan. We thought it was a little too intense. One of the other issues
that came up at the Planning Commission and I know we discussed earlier at a work session on
another topic is, when you have public space and you have a private space, excuse me. A private
street getting access through a public trail, so we want to make sure that we work that out with
the association, the covenants and that sort of thing so we do allow, especially for the high
school, that there's an opportunity if people want to go through that neighborhood to provide that
access.
Mayor Furlong: Could you clarify that again? That issue. Where it...
Kate Aanenson: Well really, we're going to have a structure coming across the creek.
Mayor Furlong: A trail crossing?
Kate Aanenson: A trail crossing, right. So if you wanted to get somewhere else on the site and
this, and some of this is coming through a portion onto a private street, that these would be
public trails to allow people to get through to public access, so we're working through that in
their covenants that we'll review and we want to make sure that that's something that wouldn't
be amended in the covenants. It'd be a condition of approval. That it's just be in the
homeowners association covenants that they would ultimately someday in the future
eliminate... cluster that.
Mayor Furlong: So are those part of the conditions of approval or is it part of the...
Kate Aanenson: Yes. It's part of the conditions.
Mayor Furlong: You have it in the conditions. One of the conditions.
Kate Aanenson: ...there's a couple of little ... like that and we want to make sure that we
understand what the homeowner's association covenants and Planning Commission had a good
discussion on and that's fencing. You know one of the things where you've got those small lots,
that we don't have a lot of fencing... what does that do? Certainly when you have a private lot,
maybe have a dog, there may be opportunities for that so that's something we want to give some
careful consideration to too and so they're working on that. How they want to address that.
Whether they're more opaque type fencing or especially when you ... just important to look at the
fencing and certainly people that have to walk ... take that opportunity also to see that. So those
are some of the things that we're looking at. As I mentioned the public streets are all 60 feet
right-of-way with a 32 foot pavement width of 31. The private streets will actually be a 40 foot
right-of-way and 28 feet paved. This is again the first application of this type. Use of a private
street at this width. It does allow on street parking. Again that was one of the considerations of
working with the developer. We worked the city engineer and myself worked a lot of different
zones trying to figure a looping system where we had a public street that was a continuous loop
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City Council Meeting — May 8, 2006
but that gives us in there for snow plowing and it gives a way in, a way out. And with that you
go off the private streets, which would allow at that width. And then we also looked at spacing,
kind of city wide we looked at the spacing. The feel. The closeness and the feel. Certainly
they're going to be closer side by side but we looked at the other projects that we had in the city
that have those narrow lot lines and we wanted to get a sense from the street, so one of the
discussions that we had is that we wanted to have, again there is now with the PUD it's kind of
contractual. We have gone as close as 20. We didn't want to do that. We're actually at 25 feet
from the garage. That was a requirement they all be 20 feet. The only place there'd be 20 is if
it's a comer lot. The other comer where you don't have a garage would be 20. But that gives
plenty of depth for parking and then also you would have... As I indicated a third car garage...
So with that, some of the things that we worked out. There is a trail. The park commission did
review this project. One of the things that they recommended was that this play area be larger
and there were two lots shown on there. The other thing that we're talking about is, there's 5 lots
up in this area, so it's really topographically separated from the plat where they have some nice
views. It's really not part of the association. Kind of a different feel. This road also goes into
the industrial park. We don't want to kind of be just a hanging neighborhood that may not ... so
we are working with them. The park commission recommended a trail head. One of the things
the city engineer was looking at too was additional storm water pond that could be ... benefit. So
this is Audubon, so this would be that pond coming out and that would provide some additional
storage for ... of Lyman. So the issue there, which hasn't been completely resolved is obviously
they'd like to get those plats and legitimate lots is kind of working out some of the compensation
for eliminating these lots so that's still in discussion and we haven't resolved that yet and that
would be something that we work out between now and final plat. The Planning Commission
also discussed at their meeting, because of the garage, we talked about the feel from the street,
that they were pleased with their looks and I'll let them go through all the different iterations of
their architecture that was arrived with each product there's different views. But they wanted to
make sure that the garages were all, not just the standard flat garage but it has an architectural
relief to them, windows and those sort of things so they were high standard because it was a big
presence out on the street, and to accommodate that. There are some steep areas that would
require retaining walls, and most specifically in this area. Shown on the project is also some
storm water ponding. There's also some wetland replacement that they are providing. The
applicant is providing for wetland replacement for the Bluff Creek Boulevard and then just
providing outside for, that would be actually the wetland that's going to be right in the middle of
the round about between Sever Peterson's property and Town and Country piece. So with that
I'll just take a minute and I did get, just want to comment that, and I'll let the city engineer talk
specifically about some of the engineering comments... I'm on page 2. There was a question
regarding the 100 foot buffer. Again when we saw these properties had a similar land use, so
therefore it doesn't require a 100 foot buffer.
Mayor Furlong: Eventual land use.
Kate Aanenson: Pardon me?
Mayor Furlong: Eventual land use?
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City Council Meeting — May 8, 2006
Kate Aanenson: Yeah. Now what they're zoned today, right and if it was to be anything besides
low or medium on the property to the west, you'd have to go through a land use amendment
which would have to be approved by the City Council.
Mayor Furlong: Property to the east.
Kate Aanenson: Excuse me, to the east. Property to the east, yeah. So right now we also have
medium and low, so it's similar. So you want to go to a higher use. Commercial industrial, or
go to a lower use, large lot and that would still ... The cul-de-sac lane. This would be the end of
the cul-de-sac lane... Also talks about on page 3 that, I'm not trying to answer that but that's if,
it makes this property unbuildable if this project's approved, again there's somewhat of a guided
zone. I'm not sure whether that comment is true. They both had the same opportunity to come
in at a similar, or higher. Again I went through all the zoning options that I presented to you. It
could be something more vertical. They could do something clustered. There's a lot of zoning
options for the Dorsey piece. So with that I'd like maybe Paul to take a few minutes to maybe
go through the road issue, but I just did want to comment there was a couple corrections. I'll just
go through this quickly. On page 23 of your staff report, this is the end of the conditions. Just
for clarification. Number 60. It says depicted as Lot 1. It should says Lots 1 through 5, Block 5
and that's this area up in here that we're talking about. We're talking about the trail head. I'm
not sorry, they're not on the screen. That's this area up in here where we're talking about where
the trail head is. And then number 63 should be Outlots A, B, L and it should be N, not H.
Yeah, because H is a private park and we don't want to take ownership of a private park. So
with that you have our findings of fact included and all the conditions. Otherwise I'll tum it over
to Paul.
Paul Oehme: Thanks Kate. Mayor, City Council members. In review of the development we
do have one cul-de-sac, I think it's to the 700-800 foot long cul-de-sac. We do have public
streets that are 60 feet wide. 31 foot road width. 60 foot right-of-way and then on some private
streets as well, but I guess for access purposes and for traffic access and routes, I think I'd like to
turn it over to the developer and maybe if he could just give a brief synopsis of his plans, and we
had also talked about some potential impacts with other access points, specifically by Lyman.
Maybe if we could have the applicant address some of those internal ones, I could hit the access
points on Lyman a little bit later after he brings up his issues I think internally.
Mayor Furlong: Alright, any questions for staff at this point? There may be some. There may
be some later.
Councilman Lundquist: I think I'll wait until the presentation.
Mayor Furlong: Ahight, any questions at this time? If not we'll reserve the right to ask more
questions later. At this point the applicant is here I know. Good evening.
Dan Herbst: Honorable Mayor, members of the City Council, professional staff, ladies and
gentlemen. My name is Dan Herbst at 7640 Crimson Bay in Chanhassen representing Pemtom.
Also wanted to introduce some other people here this evening. I think you probably know Gayle
and Lois Degler. The owners of the property are here this evening. We seldom can get Gayle's
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City Council Meeting — May 8, 2006
father here. Any time there's a Twins game on, we kind of lose him... On Gayle's left is Lois
and on Lois' left is Justin Larson. Planner, engineer with Westwood Professional Services. On
Justin's left, I'd like for Allan Klugman to come up a little later and speak. Allan's a
professional traffic engineer who represents both public and private interests throughout the
state. On Al's left is Cory Meyer who is a landscape architect and planner with Westwood
Professional Services. And behind him is Dan Cook, my partner and also on Dan's left is Brian
Sullivan from the Ryland Group so if you have any specific questions on the home cost points,
market, he'll be happy to come up and answer them. Anyway we want to thank you very much.
You know more so than I do, this has been a long process for all of us. I think it was in 2003 that
you approved the AUAR but before that I know you put tons of time into the comprehensive
plan. Authorizing the AUAR. Going through the whole process and your staff has done a
wonderful job on making it a lot easier for our type of people, the development community to
come in and have you prepare all that work for us ahead of time. Transportation, wetlands. The
Bluff Creek corridor and all the things that you spent considerable time and money on that
process. It was deliberate. It was open. It was diligent and I commend you for all the work and
your staff I know has done a wonderful job. Along with that we have had discussions with the
Degler family. Dan and I probably going back over 15 years. Kind of watching this process and
what makes the best sense for this piece of land, as to what else was evolving in the, so our
vision for the property basically took in all the elements of your AUAR. Topography, the land,
the wishes of the Degler's and then we also took a look at the marketplace and Chanhassen has
got some wonderful estate type developments. Many executive type neighborhoods that we did
with Lake Harrison and Settlers West. You also have a full mix of townhomes and detached
homes with common lots. And you have coming on, as we were watching carefully, a lot of new
townhome products that Town and Country and others are bringing on the marketplace. So
looking at all the elements of the land we wanted to do something unique. We wanted to do
something that's not been offered in Chanhassen before. Many of you have been out to
Hennepin Village. We are doing a number of mixed products out there but our single family lots
out there are substantially smaller, in fact 50% less and we were targeting a certain type of buyer
in that entire mix, and probably when you watch the Planning Commission presentation and look
at some of our notes from the Planning Commission meetings, that was, that Hennepin Village
really evolved about from the Mayor, who's deceased. Mayor Harris coming to me and saying,
Dan. We know you can go out there and do a Settlers Ridge or ... and make the same amount of
money but we have about 11,000 more jobs in Eden Prairie than we have households and we
want you to target for that working person. Not affordability, although we have 8 affordable
housing units in there, and so we cut our lot size down to 4,000 so we have 5 different products
out there. But we wanted to introduce to Chanhassen something very unique. So we doubled
that lot size. Brian went to the drawing board. He came up with a housing product that solves
the lot problem with townhouses and smaller single family homes and is adding their own yard.
Adding some additional storage in the garage. If they want to they can actually have a 3 car
garage, and I'll let Brian cover that if you want. So that's kind of was our vision for the
property, and as you know you have your bluff overlay. You've got wetlands on the site.
Topography and the trees, and I don't know, the more you want to take time to study this site, I
think the more you'll appreciate the site itself. After you include your rights-of-way, your public
streets, excluding our private streets, and you look at the bluff overlay. Bluff Creek overlay,
almost 50% of the land will end up being in the public domain when that is all done, and that's
extremely unique. Not only for the City to have, but for the residents to have. So I always, when
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City Council Meeting — May 8, 2006
I drove over the hill and I looked at that property and I said something special has to be done
here, so we didn't push the limit and try to maximize density with townhouses, which would be
permitted under your guide plan. Your comprehensive plan. We wanted to do something
different with our cluster housing plan. We wanted to do something different with a type of
product that is unique to Chanhassen, and if you want to we can spend some time with Cory
Meyer who worked very carefully with all of your staff and if you want him to spend 5 or 10
minutes, Cory's a planner and landscape architect. I'd like him to talk briefly about how he
worked very carefully with your staff to come up with the plan that we have, and we're planning
for. A couple of interesting items that I want to talk about relates to some comments I received
by e-mail from Mr. Dorsey. In my 36 years in this business, this is the first time I've had a
neighbor, after we were aheady down the mad with a plan, come to us and come to you with an
idea to actually change our plan without having a plan himself. And I will have had, we've
worked well with neighbors in the past. We have a wonderful history of doing that. This kind of
put us in a different position so I didn't want to stand up and defend that. I took all of his
comments and I handed them off to the entire staff at Westwood and I told you I wanted to look
at this from traffic. I want you to look at sight distance. I want you to look at our plan and I
want AI Klugman, as soon as Cory Meyer is through answering any questions you have on how
our plan evolved, to address I believe all the issues that are in the Dorsey memo to you and to
me. Another interesting thing in the memo I think talking about not paying our fair share of fees,
and I am a strong proponent of that. I always believe, as I told you before and anytime I've
come before you, I'm never looking for a subsidy. We want to do the right thing or we want to
be an asset to the community. Now if you look at what this site is generating, and I won't go in
detail but just the fees and assessments, our fees, there's over $3 million dollars in fees that are
going to be paid to the city to pay for the streets. To pay for their SWMP fees. The MUSA
AUAR... and also $900,000 in park fees. In addition to this traffic will generate, using today's
dollars which will increase... about a million, $100,00 and $300,000 in additional building fees
so our total is about $4,200,000 in fees. If you want to put that on a per lot basis, that's almost
$27,000 per lot that each one of these owners are taking back in the form of paying for their own
streets and paying for the park and paying for all the requirements that you have to work through
to approve this project and approve these building permits. Further, the site has a number of
private streets and those private streets will not be the responsibility of the city to maintain. So
in addition to all of the cost added benefits of this site, all the private streets will be maintained
by the homeowners and association with added savings for the city. So unless you have any
questions I would like to have Cory Meyer come up and briefly talk about the planning process
and then I'd like Allan Klugman to address the specific issues of Mr. Dorsey.
Mayor Furlong: Any questions at this point?
Dan Herbst: Okay, thank you.
Cory Meyer: Good evening Mayor, members of the council. My name's Cory Meyer, as Dan
alluded to. I'm with Westwood Professional Services. I'm a landscape architect and planner and
I worked diligently with staff and Pemtom and Ryland to put together this plan. And what I
want to take the opportunity tonight is to just touch on a couple of key design elements of the
plan. First, the main two elements are issues I want to talk about is how this type of
development pattern is suited specifically for this type of site. And then two, how this
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City Council Meeting — May 8, 2006
development pattern is going to create a unique neighborhood for the city. So first off, how is
this development pattern specifically tailored for this site. What we've done, as Kate mentioned
is we've taken a modified type cluster approach where we've taken a normal single family
house, which would in other parts of the city typically be on a lot that's about twice the size.
What we've done is we've taken that excess lot size, if you will. Taken it. Shrunken it down
and placed it in common areas associated with the Bluff Creek Overlay District. What we were
tempted to do is basically minimize the development footprint as much as possible. What
minimizing the development footprint allows us to do is again preserve key areas associated for
Bluff Creek Overlay District. Some additional wetland areas that are found on site. Some
wooded areas. Just generally the natural environment kind of benefits as a whole specifically on
this site by doing the cluster type approach. Tied in with the cluster type of approach is how we
treat the roadways. We have private and public streets. Emphasizing the connectivity of them.
We don't want to create dead end's more so than necessary. That things logically flow. You've
got a sense of people visiting a neighborhood and a unique sense of how to navigate through the
neighborhood. Things are laid out logically. Using public and private streets also allows the,
our development to kind of flow better with the land and we're able to adapt better to the
topography that's found on the site. How this development pattern is also specifically tailored
for this site. As was mentioned, the city regional trail that's going to follow along the Bluff
Creek Overlay District. What we've taken that opportunity to do is to bring the sense of a
walkable community to this project. Where we've provided connections down to that trail. It's a
unique opportunity that we want these future residents to take advantage of. And I also talked
about the preservation of the wetlands and the wooded areas on the site. Again minimizing the
development footprint allows us the opportunity to avoid those key environmental areas. So in
the second part of that is how is this development pattern going to create a unique neighborhood
for the city? As Dan talked about, we feel that the site of this topography and this character, that
single family homes are the best fit for that. They evolved, are easily adaptable to the
topography that's found on the site. We can also achieve, by doing the cluster approach, we
achieve the density goals of the city without necessarily needing townhomes. So we made a
strong effort in how we lay out the site to utilize it's character to the maximum. If you were to
overlay the topography on our project, how the street pattern is laid out relates exceptionally well
to the topography. The roads follow that. We've tried to maximize the number of homes that
back out to the open space and embrace it, and where that's not the ability for those homes to
back out to the open space, we've again created that walkable community so there's strong
pedestrian connections so even people on the inside are easily and, easily adaptable to get down
to the trail. As Dan mentioned, 50% of the site is in some sort of a public open space. That's a
strong proponent of a cluster type of approach. Again minimizing the development footprint for
houses to dedicate the amount of land area. So I guess in summary again, just to touch on those
two key points that this development is tailored for this site. The environmental preservation.
How we laid out the homes and the streets was done with careful attention to the land. This
development is going to be unique neighborhood for the city. Given that the city's going to meet
their density goals. They're going to gain single family households. The city's going to achieve
the preservation of the Bluff Creek Overlay District which is so strongly in your comprehensive
plan. And the future residents we believe are going to appreciate the sense of place that we're
creating here. That this is a totally unique neighborhood and are going to be able to enjoy with
thoughtful consideration how we've gone through tonight. So with that I'll tum it over to Mr.
Klugman, unless you have any questions for me.
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City Council Meeting — May 8, 2006
Mayor Furlong: Any questions at this point? And I don't know if this would be a question for
you from a planning or streets, but just a question I guess with regard to some of the private
streets. It seems that most of them of them have a hammer head or some sort of tum around
except is it Street F. And I was curious, I know we've had an issue in the past and these are not
as small as some of the private driveways we have but nonetheless being able to have a service
vehicle or other vehicle turn around without pulling into somebody's driveway. Was there a
reason that's omitted or is that something that could be added easily enough?
Cory Meyer: We have tum around's located on this street, this street and this. I guess this is the
one you're referencing?
Mayor Furlong: Yep.
Cory Meyer: I guess in my opinion, that would be not that dissimilar from a typical dead end
townhome type common driveway that I think there's like a magic number out there like 150 feet
that a fire hose will extend to. So our thought is that, what we could do is just, that the fire truck
could basically be at that intersection and still give, service the home at the end of that street.
Mayor Furlong: And part of it's for convenience of the residents and also on Street J there's
even less of a distance and you put a hammer head up there.
Cory Meyer: We can look into that. If there's, what we're trying to do is work with the
topography as much as possible. We can look into that issue.
Mayor Furlong: See council's been presented with issues in past situations in the past so. So
let's take a look at that and correct it.
Cory Meyer: We'll take a look at it.
Mayor Furlong: Okay. Probably just a little one. There may be other questions but as long as
you're talking about layout I thought I'd bring it up now. Any other questions at this point?
Councilman Peterson: One of the questions that I've got on the Bluff Creek Overlay District,
when you articulated and we've got about 50% open space on the site. When you use 50%, are
you using the buildable site or the whole land in itself?
Cory Meyer: The whole land of itself. I mean if you look at our entire project is 80 acres
approximately. Whether it's buildable or not, but at the end of the day the residents that are
living there aren't going to really know if it's buildable or not. They're just going to know it's
open space, and enjoy it as such so, that's our, how we like to phrase that as, it's open space.
Kate Aanenson: It's probably closer to 15 acres that would be buildable.
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City Council Meeting — May 8, 2006
Councilman Peterson: So that being said, walk me through, just point it out on that map or
another one, inside the buildable part of the site, and give me some sense as to what you've left
open.
Cory Meyer: I don't know if it shows up very well on the camera here but what you'll see, the
white dashed tines here are the Bluff Creek, the primary district for the Bluff Creek Overlay
District. So there's a maximum area, I think the exact number that escapes me right now but in
all this area, outside this area is essentially outside of the Bluff Creek Overlay District that a
normal development would likely utilize more than what we've found here with the cluster type
approach.
Councilman Peterson: ...the first dashed one. You lost me when you said, alright. Between
there and there?
Cory Meyer: I mean you have all this green area. Basically where the trail goes through, they're
putting the city regional trail and then our developable area for the most part.
Councilman Peterson: Okay.
Cory Meyer: And Kate might have the exact number.
Kate Aanenson: Yeah. Yeah, it's closer to like 15 to 17 acres. Again the tool to, and go back to
how we acquire within the Bluff Creek Overlay District is allowing you to transfer it out.
Otherwise, so if you look at. These are, the houses in yellow are all the lots that abut a private
street. It's just shy of 50%. And from what I showed him here ... but this darker black line is
actually the creek itself. So the ... but the overlay district is actually... so with this big gap that
cuts through here, that's... And this other areas are topographically separated... Does that answer
your question?
Cory Meyer: Any other questions?
Councilman Lundquist: Parking. On the private streets. In this condition I didn't see anything.
I'm assuming it remains as no parking on those.
Kate Aanenson: No. You can't park on those. Another example where we have parking on
private streets would be Villages on the Pond. Those are all private streets. And at one of our
first meetings with the city engineer was what we were going to require for ... on street parking.
Now as I mentioned before, the public streets are the 60 foot wide with a 30 foot, and those will
have the high back curb. And the distinction on the private streets, they'll have 28 foot wide of
pavement width, even though 40 foot right-of-way and they'll have the surmountable curb, and
that will allow parking at 28 foot. The city engineer recommended that that would be
permissible for on street parking.
Councilman Labatt: On one side of the road or both sides or how are we going to?
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City Council Meeting — May 8, 2006
Kate Aanenson: That's kind of how we do it now. If you have 2 people parking on a 31, it can
be a problem, depending on the size of the vehicle, so I mean most people use good judgment on
that but school buses trying to get by, that may be an issue but in evaluating this, the city
engineer recommended that that would be adequate. Again that's how we looked at some of
those.
Councilman Lundquist: Paul, do we have streets existing, public streets that are 20. Didn't we
just go from the standard changed a couple years ago from 28 to 30? I remember from
11ighover, didn't we have something, I think the streets up there are 28 or yeah, something.
Paul Oehme: There are streets in the city that are 28 feet, public streets. Parking on both sides.
An example of a street that we just reconstructed, just off Laredo. That street is 28 feet wide too.
We had to shrink those streets down to compromise with the residents out there to get a good
product so.
Councilman Lundquist: So when we talk about private streets, I mean I'm envisioning some of
our town house things where we've got the narrower, okay. So this is.
Paul Oehme: Typically those other developments, the townhouse units are 20 feet or 24 feet
wide. Not the 28 that we're recommending.
Kate Aanenson: Let me just add a clarification. In the PUD itself, in the parking section, when
you do in the R-8 zone, it does require a wider street. If this was, back to your question for the
townhouse, just like Paul indicated, the ordinance does allow you to go smaller. Typically that's
what we see because we don't allow parking. Because we do allow parking, we're forcing them
to do a wider pavement.
Councilman Lundquist: Okay. Yep, that's fine. Thank you.
Mayor Furlong: Any other questions at this point? Okay.
Cory Meyer: I'll turn it over to A] Klugman who will address some of the issues that they have
with the Dorsey memo.
Allan Klugman: Good evening. Again my name is Allan Klugman. I'm with Westwood
Professional Services. I'm a registered civil engineer. Within the civil engineering I mainly
work in the transportation area. In addition to being a registered engineer I'm a certified traffic
operations engineer so kind of my specialty. One of the things that we did hear, and I hope this
will show up. As Dan mentioned, we did receive a sketch from the Dorsey people, and although
it was a very rough sketch, we felt that we would give it the serious ... and try to respond and see
what it would do to our site, and I believe... great detail went through some of the issues that
quickly... what I'd like to do tonight is go through that memo. Certainly not word for word but
on many of the key points I'd like to ... the way I understand it. Although you can certainly draw
a line on a piece of paper and say that's the road, I think when we look at it in any degree as we
can, we see in a hurry there's numerous causes... impacts on the site, and both Dan said in the
introduction and I think Cory in his detailed comments, we really put a lot of work into this.
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City Council Meeting — May 8, 2006
Coming up with the street lay that fits this site and fits the topography, and I think you'll see in a
hurry that trying to comment on the plan that the Dorsey people put forward, it just... So I'm
just going to cut right to some of the points and if you have any detail questions. I'm going to be
rather brief... We labeled them, the points with letters to just kind of highlight what we're
talking about. And just right off the bat we looked at, when we looked at the proposed
north/south road, this east line here, right, it's a very difficult intersection we labeled point A.
...boulevard at about a 45 degree angle instead of a perpendicular intersection we could establish
with to the east with a regular alignment there, so right off the bat you see some problems. In
addition... site layout in the business district... Just kind of going along the lines there, we then
get to the point where introducing, or trying to introduce a road like this immediately gives us
some double loaded houses with streets on both sides, which is really not what we're trying to
achieve. And then we get into, and again I'm just going to keep talking quicklyfiere. We get
into some issues that you know upon careful look just come up right away that doesn't show
up... There's significant wetland issues that would arise from this location. Point C here,
there's wetland on this site that's shown right through there. D represents the intersection of the
north/south connector proposed with this street. You have wetland and I don't even think that
that intersection could be built so, it's just, it's not something that's practical at all. And then
among the other things that this would do too, is it would impact the private park that we have
showing as Point E, which would be the extension in this area. And then maybe a bigger point,
stepping back a bit, it just takes away from the entire concept for development of clustering the
houses. Reducing the impervious surface and the whole character of this development that
we've been looking at. And then kind of going along even into the development, when we get
away from some of those specific things and start looking at the lay of the land and the
topography, those type of lots and it's a little bit away from my ... traffic engineering to site
layout, but when we get into what we're labeling ... G, the houses are well suited to be walkout
lots would just be lost with this type of plan, so you can see kind of the domino effect... all the
care and planning that went into creating this special site would just be taken away in a hurry.
Finally as we looked to what would happen if we tried to accommodate a road like that as it's
shown. As a connector road with the higher volumes, it's a little bit different design standards.
It seems more ... those issues caused by the wider road and design standards. And then finally
moving up mostly north of this site. By introducing the roads here, you're then left with ... at that
intersection that's very well spacing... do some more intersections than we'd like to see. It also
takes away from our ability to do the type of housing Cory was talking about with the garages
and driveways to the side, so it wouldn't be appropriate for this character. So again, taken away
from the character and the site plan. And then finally I guess one more technical detail that
wasn't addressed in the Dorsey memo. The touch down point for this is probably about the exact
wrong place of where you want to put that due to the grade differential to lining it and the
amount of fill it would need to accommodate that road so ... it goes on to say that, there's many,
many points that on a very, you know very initial look at that, many things jump up and say that
road isn't going to work there. It doesn't fit at all with the character of the development, and we
just thought we'd start by... Thank you.
Mayor Furlong: Thank you. Paul, did you want to make, did you say you wanted to talk about
some city perspective now? Do you want to do that now?
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City Council Meeting — May 8, 2006
Paul Oehme: Yeah, I think I emailed out Westwood's background last weekend on the layout
that Allan just talked about. One other item that, in terms of access to, yes I think that access
point right on the property line between Dorsey and Degler's is approximately about 1,200 feet
away from Audubon and that is approximately a quarter mile spacing that the county potentially
could allow. But in my estimation that's not a good location for an access, a collector road
access. Potentially 1,800 units, 1,800 trips on this roadway winding at that particular location is
approximately at a 5% grade. And with a turn lane at that location, could potentially have
problems in wet and snowy conditions. Stop conditions. The future roadway, Lyman Boulevard
is, will be at 50 miles per hour design speed so coming down a hill at a 5% grade could
potentially be concern for the residents accessing at this particular location so. The other issues
with that access point, I think I'll just leave them go for now. I can answer, stand for any
questions too that you might have about the access or traffic in general for this development but.
Mayor Furlong: Okay. I mean the underlying question here is where should the north/south
connection be between the east/west collector and Lyman Boulevard, so I think we've heard
from the developer how that would affect their development, but I think from the city standpoint,
you know.
Paul Oehme: Well it potentially could work there I guess but it's not the preferred location in
my estimation. We had Mr. Dorsey and I did have a conversation a week ago or so, 2 weeks ago
now, about potential other locations and what I got out of that conversation was, and from a staff
perspective, there is another location for that north collector.
Mayor Furlong: There is or is not?
Paul Oehme: There is. And that would be at Sunset Trail. T'ing in at that location. From a
traffic perspective, you always want to limit and consolidate access points. That allows us to do
that tight T'ing at an access point. You know I did have a site visit out there. Took a look at it,
and then I did have, and we did, the city did spend some time and some funds looking at that
intersection too from a sight distance perspective to what we could, with the improvements to
Lyman Boulevard, make a quality intersection function with improvements to Lyman Boulevard
to meet that sight distance requirements. We do have Lyman Boulevard and we are continuing
to work with the county on upgrading that section of roadway so, so we do have in our CIP I
think for 2009.
Mayor Furlong: In terms of matching up, Audubon comes down from the north. That's not at
the eastern property line of this development? It's shown on the west?
Paul Oehme: That is on the west side, yeah. Audubon is on the west.
Mayor Furlong: To get to that line we'd have to cross the creek if we were coming up on this
side.
Paul Oehme: That's correct.
Mayor Furlong: You have a picture?
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City Council Meeting — May 8, 2006
Paul Oehme: This is a drawing showing the traffic where the roadway alignment is, was
proposed in AUAR back in 2003. The access point that you were referring to Mayor was at
Audubon and it has always been envisioned that to serve the property west would T into
Audubon at that location and a wrap around to Lakeview Drive there so. You know all the other
access points to in this area are T'ing into other roadway, residential roadway or collector
roadways to the east, or to the west we are, the east/west collector mad, we'll be tying into
Butternut to the west or you know we'll be tying into Powers Boulevard in the off ramp to 212
and to the south. That mad will now tie into Bluff Creek Drive, T'ing into the south there, so all
the roads we're proposing right now would be tying into.
Kate Aanenson: I just want to clarify too, because it's difficult to show but there is a creek, the
creek and we looked ... so that's why this road has to stay on this side of the creek.
Mayor Furlong: Show where the creek is.
Todd Gerhardt: Why don't you show this map that shows the details. The fourth page in in the
report.
Mayor Furlong: We need about 3 more maps.
Kate Aanenson: It doesn't show the road on it but this is the creek. So what they're showing is
stopping short, so here's Audubon. So you have to stay on this side of the creek. This is where
the lift station is. It's just on the east side of the creek so, what we're trying to avoid, because we
talked about all the projects in here, is minimize creek crossings. That's been the goal. So we
have ... with the boulevard. The other point I wanted to make when we talked about similar
densities, you know the AUAR recommended this and this, a connection point on Lyman. One
additional connection point, so the other thing is we don't know what's happening on the
property, these two properties, so for example if it came in low density, then we would re-
evaluate. Maybe there doesn't need to be a connection if it comes in low density. If there's a
request to do something different, higher density, then we'd have to evaluate that but right now,
based on the fact that it was intended to show maximum development, that's what was built
under the maximum for the lower end of the density and that's something that we would
certainly evaluate and maybe similar to this one, that that connection would need to be made.
But since we don't have a plan in front of us, we can't make that ... but we would certainly look
at it. Again... using the traditional single family subdivision for example. If it went less than
that, as I indicated before, it'd have to come back for a comp plan amendment.
Mayor Furlong: When we were working through the AUAR, if I recall, there were a few things
that were established when we approved that, and one of those were the touch down points or the
intersections for the east/west collector. Both on Audubon and on Powers Boulevard. Was there
a similar type of texture in terms of where the alignment to the east/west collector on the north or
Pioneer Trail to the east/west collector?
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City Council Meeting — May 8, 2006
Kate Aanenson: Right, I mean you saw this connection but as we saw when Pioneer Pass came
in, it moved. They worked it into their development to provide access. They built, that's a
minor collector. 80 foot wide. They're building that then as a part of development.
Mayor Furlong: But that moved and.
Kate Aanenson: Yes it did, yeah. To work in the development.
Mayor Furlong: And to align with Bluff Creek Drive.
Kate Aanenson: Yeah, to change again so there's that flexibility so again we can look at that too
if it came in on the low end of the density.
Paul Oehme: And just for the record Mayor, council. Zach did look at the access point at Sunset
Trail too and basically this is the access point that the Degler site is right here. And the east
property line to the Degler's is currently right there. You know to provide proper profile for
sight distances at a 50 miles per hour road, the access point at Sunset Trail would have to be
lowered approximately about a foot, so it's not a big impact to the roadway or to the connections
to the south to make that, to make that intersection function properly.
Councilman Lundquist: How far is it Paul from Sunset to what will be Powers extension?
Paul Oehme: 1,250 feet. Not quite.
Mayor Furlong: And what's your standard of what you're looking for, for a minimum?
Paul Oehme: 1,200.
Mayor Furlong: It's 1,200? Okay
Councilman Peterson: Go back to the previous map if you would Paul. Do we remember what
the rationale was for that placement where it is now?
Paul Oehme: You know the AUAR I believe it just stated that there should be an access point
from Powers Boulevard over to Audubon. I think just kind of picked halfway inbetween. I don't
think there was really any significant.
Kate Aanenson: Yeah, the design speed, as Paul indicated before. Lyman's going to be faster
than the Bluff Creek Boulevard, so they wanted to get those spacings between, kind of more
equal distance because of the speed and the volume on Lyman so. With those traffic counts.
Councilman Peterson: Is the, and I don't recall. The Plowshares development that's going in
just about north of where that road is now. That will or will not have access to Lyman.
Kate Aanenson: Will not.
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City Council Meeting — May 8, 2006
Councilman Peterson: So that's going through the Lake Susan Hills?
Kate Aanenson: That's correct. Osprey Lane.
Paul Oehme: Yep, and stubbing a street to the east.
Kate Aanenson: Providing a stub street to the property to the west of that.
Mayor Furlong: Okay, thank you. Appreciate the information.
Dan Herbst: Mr. Mayor.
Mayor Furlong: Mr. Herbst.
Dan Herbst: If you would like any questions directed to the Ryland Group as to product type,
target market, floor plan, I'll bring Brian Sullivan to the podium.
Mayor Furlong: I think so.
Brian Sullivan: Hi, I'm Brian Sullivan. I'm with Ryland Homes. We're thrilled and excited to
be here. Ryland Homes has been in the Twin Cities market for about 10 years now and to my
knowledge we haven't been in your fair city, so we're very excited about that. We've been
working with Dan and his group for quite a while on the concept plan that we've come up with
here and the concept plan and home style we're proposing here is something that we've been on
for about a year now with the type of homes that we're proposing here. What we've been doing
is, through our market research and realizing where land prices are and what people want and
what people don't want, we see that there's a shift in the market a little bit. And one of the
things that we realized is that everyone wants a 3 car garage. And then we go to the city people,
like talking with Kate and Kate looks at a 3 car garage as across the front of the house and she
goes, that doesn't look very good. Just having 3 car garage, 3 car garage, 3 car garage, all down
the street here, so we started you know ... so what we started doing as we're thinking about this
issue as to how best present our homes to the city, how to have the direct land cost continuing to
escalate and how to best address and some internal, some issues that people have on the interior
of the homes. We started re -thinking our product mix a little bit. What we did is we came up
with this cluster home here that has been redefined on the inside. One of the things to mainly
address issues with the city was how do we ... the appearance of our homes from the street as
you're going through the neighborhoods, and what we did is, we designed a home that has a 3
car garage but the, from the front side of it, it looks like a 2 car garage. What we've done is
we've stacked one of the garage stalls behind the other and what we've learned from our, kind of
market research is that people want the third stall but they don't need to use it every day. They
use it for storing their bicycles and their toys and the boat. The summer car. It may be a summer
car... winter car so it's not something that you need to have every day, that third stall, garage
doors open up to another bay. So when we came across that realization we were like well geez,
we can go with a little bit narrower house, which means we have a little bit narrower lot, which
means we can pay ... and see if we can come up with what is a fairly nice, nice looking
subdivision here. And if you look at it, it's kind of a typical streetscape here. You can see what
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City Council Meeting — May 8, 2006
we've done is we have about 8, we have 8 floor plans. Eight home styles that we're, 8 floor
plans we're proposing here and each of those floor plans has 4 or 5, 3, 4, or 5 different elevations
on the front of them. Some of them have brick on them. Some of them have stone on them.
Some have just a porch out front. Some are prairie style... there's lots of different options so as
home buyers come through, they can ... here this may be close to what you're thinking about here
and we have a floor plan that goes inside that and... offering to the home buyer and have a very
unique... The other thing that we've done is if you look at the corner, comer lots here. We've
designed a house that's been designed for a corner lot there and, what it is, it's a, the garage on
that is around, off around the back side of it there. So the garages are side loaded off the comer
of the street there. What that does is it just helps, it also diminish the number of, the number of
garage doors that are on the street there also. And if you go through our development here you'll
see a fair number of comers there that we can use to put these on. We also have some of these
other homes with the 2 car garages, will also fit on these garage corners because we have some
setback issues we need to work with so there are, there is an option that will be ... garage doors
facing the front. So that's kind of how we designed the homes there. We started looking at this,
at how we can, we're looking at narrow lots. Somebody said well how do we get the narrow lots
to work, and we ended up designing houses specifically for the narrower lots. It's not like we're
trying to squeeze a bigger house onto a smaller lot ... trying to get the site plan to work here and
help with ... real unique neighborhood. As far as price point here, we're probably in the low, or
actually I should say high $300's. Low $400's is kind of the base, starting point. Then they'll
go up to 5-6. Maybe 6 when people start loading them up with sun porches and marble in
kitchens and stainless steel amenities and things that people like to have so. We're kind of in the
middle of things there and looking for a nice market segment. Sever Peterson's property to the
south of us, he's got the large lots that are more of an executive style home. Town and Country
stuff which is the lower level home for multi -family type of product. We're looking at
something that's kind of inbetween the two... Not the real pricey guys. We're not the real cheap
guys as far as the type of homes... So that's what we have, if you have any questions, I'll be
happy to answer them.
Mayor Furlong: Thank you. Questions.
Councilman Peterson: Do you have any sense of how many different color palettes you're going
to use when you drive through the neighborhood and is it going to be half a dozen or...
Brian Sullivan: There are probably about half a dozen different color palettes there. A lot of the
color will come from when people put brick and stone on the front of their house there. The
siding tends to be in the earth tone colors. We've gone a little deeper on which way we call it
deeper colors back there so we'll have some contrast between our lighter color and darker colors.
See them popping out more as you go through here. One of the comments the Planning
Commission had was about garage doors and the whole issue of whether or not they, were they
going to be flat or ... one in the illustration here with, I had to go back and say no. We're
showing raised panel doors here and plain doors with windows. Basically all of the garage
doors, they have the texture of some paneling to them, and then as an option to kind of look at
the elevation to go with some of the garage doors and windows... so that will also be a, one of the
components.
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City Council Meeting — May 8, 2006
Mayor Furlong: And I guess following up on the question of color, and looking at this picture
here which I think is up on the table. And it's hard to differentiate the, I mean there are two that
are the darker brown, and then the others look to be grayer or some sort of tan or something. Is
there, are there more differentiating colors than what we're seeing on this plan?
Brian Sullivan: ... that's probably a pretty close representation of what will be out there as far as
colors. We're looking at, I'm trying to get some, there are some darker blues and there's some
kind of reddish colors that we're looking at introducing here and I don't think you see those up
there. There's also some greens also. But.
Mayor Furlong: Alright. Any other questions for Mr. Sullivan? No? Very good, thank you.
Councilman Peterson: Probably just one of staff as we're talking about garage doors. I know
that staff is a proponent of adding character to the garage doors. Can we put in the approval that
a certain...
Kate Aanenson: Sure, and I think we want to follow up with some color too. A percentage of.
We're comfortable with the mix we've got and looked at the ... but I think it's always better to be
more restrictive so I think that would be when they come back for final plat that we ask for a
color palette and that certain percentage. I think Planning Commission struggled with that too.
And the standard one, when we do townhouse projects, we always ask for and it's our opinion
that those add better value in a townhouse project. If this is a single family, typically we don't.
All that's required, but I think it's fair because it's the PUD to ask...
Mayor Furlong: I agree. I think asking for more on the colors. I guess my question is when do
we do that? Can we defer that...
Kate Aanenson: We can put in a condition then it comes back at final plat. That they show you
the color palette.
Mayor Furlong: That they work with staff.
Kate Aanenson: Yeah, yeah. And then we could stick with the same, I think he's clarified that
he has at least 4 colors and I think what we want to see is we're kind of moving right now
towards the deeper colors to the lighter and I think that's ... want to see the deeper greens and
the ... more of a golden color. It's just deeper, richer colors.
Mayor Furlong: Yeah, I think it's variety as much as picking colors but okay. So that's
something we can include. To work with you to.
Kate Aanenson: Correct. Correct.
Mayor Furlong: Alright. Okay, any other questions at this point? Okay, Mr. Herbst, is that it
from your side?
Dan Herbst: We want to thank you.
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City Council Meeting — May 8, 2006
Mayor Furlong: Thank you. Appreciate it. Okay, any follow up questions at this point for staff?
If not, Mr. Dorsey requested to address the council and I'd certainly be interested in hearing his
comments at this time.
Rick Dorsey: Mayor, members of the council. I appreciate the time to speak with you this
evening. My primary concerns, as you all know, have dealt with transportation. Access to the
area. It's been a big part of it. The plan that's put forth, and can you zoom in on that please a
little bit for me. Little more. The whole area here is what should be looked at. We're not
looking at just one individual point. Concern with traffic flow. Mitigation of traffic on the
eastern end of the property is something I've talked about numerous times. And while I haven't
met with Mr. Herbst other than when I was notified his plan was going to come in front of the
city, I've been very vocal in front of the council and I think you would go and find out the
information as far as my concerns with that. The proposed alternative road that just showed up
here this last week. I haven't seen this before. But I have looked at the option. Comes right
across through the middle of my property. It will be a collector road. Last meeting at the
Planning Commission meeting the Planning Commission said it wouldn't be acceptable for a
collector road to go through the middle of the Pemtom property when it was brought up as an
option over there. Likewise my property is zoned, or not zoned but guided similarly. I would
expect that it wouldn't be acceptable to come through the middle of my property either. In
addition to that, there will have to be, because there's not adequate road services provided in the
plan for the Pemtom property, they have one access point at this time on the east/west collector
with a 1,700 foot cul-de-sac. The way around that is if a temporary access point through my
property. Somewhere about this point so you'd have to put another equivalent of a connector
road coming across there to connect up with the connector. This doesn't really leave me with
very desirable area of land to work with. For anybody who'd want to be a resident in this
property. In the future and as far as having flexibility to design and plan building around
collector roads, like I say. Planning Commission as well as staff made note of it. It isn't
acceptable in any other project so, you know similarly I'd expect the same thing. Now
traditionally, well before I go to traditionally. Let's go back to, this was planned for the
east/west collector that the staff supported. The City Council approved final plan for back in
August of 2005. Note the north collector's location. Is on the Pemtom project property. So it
has moved since that point in time. No discussion had with myself whatsoever from the
developer. When I found out about the possible move of it, about late October, early November,
I discussed it with Paul and said that wasn't what we were anticipating, nor anything to the desire
of what we might have. Now back at that time, why there's a problem today with the access
point onto Lyman if at that point in time there wasn't a problem with it. In doing a little bit of
research here, as far as distances. From the standpoint of location to nearest intersection, Paul
had mentioned about 1,200 feet. I went out and measured it out. It was 1,185. And this one up
here is actually 1,150, depending on at what point you stop at on a curve point there. They're
similar distances. So the distance of, to one intersection or the other doesn't have an impact on
the location. Now, the concern that I would have from looking at the whole picture, if I go back
to this drawing here is, from the internal standpoint, the traffic, the location that's most central to
the whole 2005 service area is right here. With that being the center point of the development, it
would encourage mitigation of traffic because people coming out here, they're actually closer to
Audubon than they are to Powers, which would encourage those going to Highway 5 to consider
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City Council Meeting — May 8, 2006
Audubon as an alternative. Likewise if they're going to downtown Chanhassen, they wouldn't
have to put all the pressure on this intersection over here. This particular drawing here, coming
out here, is only 1,200 feet from this intersection. This will be probably the busiest intersection
outside of those on Highway 5 in the city. To try to mitigate some traffic away from that
intersection would be prudent I would believe. From the standpoint of internally to my property
there's also natural features there that provide limitations as far as future development. This is a
fairly steep hillside along this side with low ground in here. The area along the road here is
actually an embankment coming down onto my property which limits the access point to
probably only this location as well. The one that's on, if it wasn't down here. As well the pond
that's right here, from the house there's actually a hill. There's no land. There's probably about
25-30 feet maybe right down by the wet ground, so there's really nothing between here and here
that's any further useable, so you'd have a little pocket here and two little pieces here that are of
significance with this option. And it's not that something couldn't be built there but from the
standpoint of a collector, you're not going to be able to build houses and have them back out of
their driveways onto it. You're going to have to figure out another configuration. From the
standpoint as well, while I don't purport to be an engineer, I trust that engineers have talents and
skills and creativity and could come up, they can come up with a solution for darn near anything
if you put the challenge to them, and enough money. And my drawing that I provided Paul with
and he forwarded across was conceptual. And the idea there was to say how can we look at
another alternative that keeps the bulk of this land here. The Fox and Dorsey parcels open and
flexible so that development can happen. The idea, the exact locations matching up to those on
the Pemtom plan, you know that is not necessarily what I was suggesting. I'm not sure actually
how he's going to build those going down the hill here without some sort of major grading or
retaining wall, but I'm sure it can be done. In any case the idea there was to utilize the collector
as a buffer between properties. Very common. You have different types of usages and with
different types of usages, you create senses of neighborhoods for those developments that are
built. The issue of, the other issue that's there is in not having it here you preclude the
opportunity for potentially, and while it's not part of the AUAR, a second intersection up at this
point to provide access to the Fox property which is virtually landlocked at this point because
they have a small segment right here that's a possibility. The rest of Lyman is not a possibility.
All the way down Powers is not a possibility to get into their property, and if you come across,
let's see. As you come across what was proposed for the east/west collector, the soonest
intersection you could create coming off of Powers in this property is right about here which this
is a wetland or proposed, considered to be a wetland. It hasn't been delineated yet. Providing
very difficult access to that property. So precluding that one forces one here. So then where
does the traffic go from the Fox property as well. Some of it maybe can come out this way. I
have a significant asset sitting on the top of that hill, as many of you know. It's significant and
it's something that I don't say that we're just going to give up. I would say that there's a good
chance, depending on what goes on with the rest of the area around me, still single family could
be an option. And with single family that could be 1 to 4 units an acre. 1 to 4 units per acre is
different intensity. I've got use on this site and I don't know what it's going to be. It may be
that. It may be higher. I don't know. There's no plan in place at this point. I'm at least 6 years
out because of it being in the ag preserve. So in any case I would like to have opportunities.
There's, it's reasonable to be able to put such a road along the property line. With the plan that's
proposed by Pemtom today, I can't even put a road adjacent to my property line because the
houses are backed up against it with a road on the other side of them, which would make 2 roads
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City Council Meeting — May 8, 2006
on either side of those properties. So this is kind of a one sided situation right here. I believe
precedent was set in dealing with Sever Peterson's property and Town and Country property
when they originally had the road coming across Sever Peterson's property and put it across the
two properties and split it down the middle. Splitting it down the middle does two things. It
shares the amount of land that either party has to give up, and both parties will benefit from that
road. It also shares the cost of that road, which probably will be in excess of a million dollars.
So from the standpoint of in the future a road being needed, certainly if I never develop my
property there'd be a problem with the Pemtom property. They're under serviced with roads.
And so there would be a requirement or need for them to have some sort of access to another
collector road. The opportunity is there to provide it. I'm not here to try and hold up their
project but I do think it's fair and reasonable, if he was on the other side of the table, he'd be
right here saying the same things I am to you, that fair and reasonable would be splitting it down
the middle and both parties would benefit and both parties can contribute to it. One other note
here, I also went and measured off on Powers Boulevard just to have an idea of distances
between intersections and if you go up to the street here, starting up here at the, I believe it's
Lake Drive West. From this point here to this point here at Lake Susan Hills is 960 feet. To go
from that point to Powers Court is 800 feet. And then 1,160 between these two, so on country
roads it's not unprecedented to have smaller segments between them. It's maybe what we would
like to see is larger. Quarter mile is actually 1,320 feet so neither of the locations on Lyman
would meet that criteria. The other issue that was there when I was looking at it and researched
this was that sight distances are an issue today. Right now the first sight distance coming down
is at that point, so from a standpoint of safety issues, that's the first point where you could put a
road. Perhaps Lyman will get re -graded or rebuilt. It's been on the plans I believe since the
90's. Early 90's. Hasn't been built yet. I anticipate it probably will be built sooner than later
but at the same time if I get to the table in 6 years and it's not built, what does that mean?
There's no access point to Lyman Boulevard for me because I can't meet the state guidelines.
Without rebuilding Lyman Boulevard. So in fairness, and I've heard that said many a times and
I do believe that that would be the intention of all involved would be to look at it and say, from
the benefit of the whole community, bring the traffic up to this point to help mitigate the traffic
going through these neighborhoods would be something that should be certainly considered. To
look at the area around this area here and trying to get some of the traffic away from it, and make
sure it's not just instantly going to be a problem would be to look to again centralize it over here.
So that's what I have to say right now. Again, I would look to the council to look at it fairly and
I guess there's one other item dealing with ordinances. Again difference of opinion perhaps but
the way the ordinance reads is if one property has a higher, intense use than another, and I have
two dual guided uses. While they're the same, this property selected the higher usage. I still
have dual guidance. It could be the lower. It could be my decision. Could be the city's
decision. I don't know that. In any case I feel that my property should be protected to provide
that. One other quick issue dealing with the buffer there, or the road being there. It does provide
an ability for somebody to enter into one neighborhood or the other and have monuments and
knowledge you're going into a different neighborhood. And as well, in the interim, until my
property is developed, it is agricultural. There will be agricultural equipment operating on it.
Chemicals being sprayed. Fertilizer being put on the ground, and a buffer of a road would
certainly keep children from going across and into the field like it's their back yard. So those are
the points of concern I have at this time. Any questions, I'd be happy to answer.
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City Council Meeting — May 8, 2006
Mayor Furlong: Any questions for Mr. Dorsey? No? Okay, thank you. Comment for staff or,
follow up comments.
Paul Oehme: Thank you Mayor. Just a couple real quick points here. We are trying to allow,
the most flexibility in these designs. It's just hard to plan for flexibility when there's no design
that we have in front of us, and we don't know exactly what to plan for. Let's see. Actually the
north collector roadway that we had you know shown on this drawing here, again it's only
approximation or it's our best stab at what potentially could develop. I think Mr. Fox or Mr.
Dorsey had indicated an access point close to this location so we just kind of put something in
there so. You know it's all flexible. We're not saying this is where it needed to go. We're
recommending putting it there. I mean we're allowing that to be dealt with in the future and to
have the property owners, the developers look at where a road potentially could best serve their
development. The information that we had received from the Degler's and the Fox's.
Mayor Furlong: Dorsey's.
Paul Oehme: Dorsey's, I'm sorry. Had, you know this is one of the concepts that we had
received and you know the access point that we had shown here before with the north collector
roadway access from the adjacent property owner here, plus the access point someplace at Sunset
Trail too so. We're trying to look at all these access points. Where do we tie these
developments in that are being proposed at this time, plus try to plan for the future so we're, you
know from a staff's perspective, we're trying to do our best and try to see what, plan for the
future and try to accommodate the property owners and developer's wishes on how they think
they can best develop their property. Let's see, one last point again with the, I'm showing on
this drawing here. You know putting the north collector roadway where Mr. Dorsey had
preferred it to go would go, is again it's at a 5% grade. I think from a staff's perspective and the
traveling public you know, turn lanes on collector roadways at 5% grade, left tum lanes, it's not.
You know there's other locations for those type of access points. Those are the type of access
points that we should look at alternatively from steep grades like that, just from a safety
perspective.
Councilman Peterson: So 5% grade would be pre, pre Lyman reconstruction?
Paul Oehme: Pre and post.
Mayor Furlong: I'm sorry, what did you say? Pre?
Paul Oehme: Pre and post. What we had looked at was sight lines at Sunset Trail and down to
Powers Boulevard and where it potentially could tie into existing grades too. You don't want to,
try to keep the grades at where they are because it just drives up the cost to change the grades.
Todd Gerhardt: How much would you have to cut down from the hill if you were to try to
eliminate the 5%?
Paul Oehme: Significantly.
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City Council Meeting — May 8, 2006
Todd Gerhardt: I mean can you point on there where you'd have to.
Paul Oehme: Well, you know the existing grade is 5% right there. I mean I don't know what the
magic number is to put in the access point there. 3% maybe that's the recommended grade for a
50 miles per hour collector roadway for tum lane. I don't know, it would be significant to make
that access point work. Another issue that Mr. Dorsey had brought up too again was, maybe just
going back to this map real quick. Putting an access point here would encourage more traffic to
go up Audubon Road. Audubon right now is a city owned collector roadway. Powers Boulevard
is a collector roadway. Four lane divided. That's where you know in staffs recommendation,
that's where the traffic should be going out on the city collector roadway. Those are.
Kate Aanenson: I just had one other thing to add, because I want to go back to the land use
issue, and that's again we indicated if that came in, we believe we've interpreted the code
correctly, as far as the buffer because it's similarly guided. Again if we would evaluate the same
thing and Mr. Dorsey came in with a less intense and again the AUAR made assumptions based
on the higher end because we use the most amount. We evaluate that and maybe a street
wouldn't need to be connected to Lyman if they chose to go with the low end, and that's a
possibility and we'd certainly evaluate that. So that connection wouldn't need to be made.
Councilman Lundquist: Paul, Kate, if I heard you correctly before. Is it an accurate statement
that the impact of the Pemtom development on the property to the east is a connection to public
street. Whatever that one is coming across there, and then the east/west collector that goes
through.
Mayor Furlong: East/west collector, yeah. If I'm not mistaken, that is on the Fox family
property.
Councilman Lundquist: Okay. West, okay. But the property to the east of this development,
and so really the east/west is our deal. That's the city driven so the public street going across
there, connecting to the east from the Pemtom development.
Kate Aanenson: Are you talking about this one?
Councilman Lundquist: That one right there, yep. And then everything else to the east is
essentially up to grabs, depending upon what happens.
Kate Aanenson: That's correct.
Councilman Lundquist: So Kate, if I heard you before, depending on what goes on that property
to the east, we may not ever have to make a connection to Lyman if it didn't want it or
depending on what the use or what that ended up being. So is that?
Kate Aanenson: That's fair.
Councilman Lundquist: Fair that that could be anything?
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City Council Meeting — May 8, 2006
Kate Aanenson: Well right now it's guided low or medium and if it was to come in something
large lot estates, it's not guided for that. You'd have to do a land use amendment. Right now if
it came in with low or medium, that's consistent with the comprehensive plan. If it came in for
commercial, industrial, that again would take a land use amendment. At those two options,
commercial industrial, they're probably more than confidently require that that connection be
made. If it was to come in consistent with the comprehensive plan, low density, say single
family lots, more than likely you could make the internal loops. You'd still... all the access,
because the volume wouldn't be so great on this street. It'd all be...
Councilman Lundquist: When we talked about the AUAR, did we talk about how many
connections it was going to be to Lyman?
Kate Aanenson: Yeah, the one additional one besides.
Councilman Lundquist: Besides that little loop street there.
Kate Aanenson: This one here that... that ties back down. And then there's another connection
in the AUAR that shows it approximately, yeah.
Councilman Lundquist: Okay, so if in the future that one didn't happen, what would be the
consequence there?
Kate Aanenson: Well the AUAR said, based on traffic modeling, if you went underneath that
model, which is what he's saying it may be a possibility, then we would evaluate that. More
than likely it wouldn't be anything.
Mayor Furlong: Would we have to redo the AUAR, amend that?
Kate Aanenson: As long as we stay under the model. You know as we look at that, I'm pretty
confident based upon the future of single family home. If you look at what we've got with 5
units an acre here. We've got 155. Similarly number you'd probably be way under that. Maybe
80 lots. I can't imagine that...
Councilman Peterson: Well that's one of the issues we talked about at Town and Country Phase
Il is that, some of us, if not most of us were concerned about the intensity or density of all ... sol
think we've already proven that we're already going over our number of density. So I think if
we do less, I don't think that's going to be an issue.
Kate Aanenson: Right, yeah.
Councilman Lundquist: So then back to, so really the impact on this project to the property, well
for that matter to the west and to the east is one residential street.
Kate Aanenson: Correct.
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City Council Meeting — May 8, 2006
Councilman Lundquist: We've got the part of that loop that will go from Audubon going to the
west. And you've got this public street to be determined name going to the east. And those are
the two connections and other than that the roadway's unaffected.
Kate Aanenson: Correct. I just feel compelled to say something else for the record and that's,
you know because when the city initiated the McComb study to look at, to be proactive, and the
one thing we did learn in that, and I just want to put this on the record, is that if a lifestyle center,
some additional commercial wants to go here, that developer is going to want that access. We
feel it's prudent that we provide that opportunity on this site... We're trying to give them the
flexibility.
Councilman Lundquist: I want to make sure that we're not spending our whole evening talking
about what might be on property to the west or the east with regard to this. My concern is,
what's the you know, I don't want to hamper the property to the west or to the east for some
future, and I think that by essentially putting one connection in each one, that's about as
minimum, I mean zero is the only other choice, which doesn't seem likely that you're not going
to connect them somehow, so to have one property, I just want to make sure that's just to clarify
that. Okay. And then one other about the, I think what is Mr. and Mrs. Degler's driveway now,
that, where that is a hammer handle down there. That not being a connection point just because
it's too close to Audubon. Is that what the driver is there?
Paul Oehme: Right, and it's a private street proposed.
Councilman Lundquist: Ah yeah, okay. But primarily that one, I mean we can make it 3 feet
wider but that would be it's just too close to Audubon, is that why you chose to have a hammer
head there?
Paul Oehme: Too close to Audubon and it's not recommended.
Councilman Lundquist: Okay, thank you.
Mayor Furlong: Okay. Any other questions for staff? Just one clarifying question with regard
to and I may have the applicant come back up. There was the issue, or Ms. Aanenson. We
talked about setbacks. You made mention in your report that it's 25 feet setback from the right-
of-way. Whether it's private right-of-way with a 40 or a public of 60.
Kate Aanenson: Yeah it's the garage side.
Mayor Furlong: On the garage side. Except for the comers where it's 25 and 20.
Kate Aanenson: And 20. 20 would be the non -garage side.
Mayor Furlong: Okay.
Kate Aanenson: Because it gets very punitive when you've got that small a lot. It basically
would eliminate that lot.
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City Council Meeting — May 8, 2006
Mayor Furlong: And I guess my question then is, as I thought and maybe this is a question then
for the applicant. It sounds like some of the property, some of the corner lots were going to have
a side garage.
Kate Aanenson: Correct.
Mayor Furlong: As opposed to the front. So are we going to see a differential between on that
corner lot with that house 5 feet out in front...
Kate Aanenson: That's what he indicated we're trying to work through those to see how that,
there will be some differentiation on that.
Mayor Furlong: Okay, which is usually along the ... okay but then the front of that house would
be 20 which would be 5 feet closer at a corner than all the other homes on the street. Is that what
we want?
Kate Aanenson: That's correct. Well, I think you know we're going to have to look at that
carefully. Where those placements are and that's what I think what Brian was talking about too.
Is how to address that because we want to encourage that, the side loaded, so looking at those
lots, it's always our goal, the goal here is try to limit on this street here, try to get those interior
streets. So we've shown those driveways that have access onto the public street, there's
opportunity to the corner.
Mayor Furlong: And maybe that's going, first of all how many are we talking about and second,
you know I kind of like the idea of a side access as well, but I'm not.
Kate Aanenson: Yeah, I know what you're saying. There could be one house that's sitting
closer.
Mayor Furlong: And it's right at the corner. Where you going to have naturally more traffic,
more cars.
Kate Aanenson: Well and I think too, the design speed on these streets, because that was one of
the things that we, you know you looked at too. It's a quite neighborhood. So you don't have
long stretches where you can pick up the speed. I'm not sure how many exactly we have for the
corner lots.
Brian Sullivan: It's like 16 or 20 or somewhere in that range.
Mayor Furlong: So about 10%. Little over. About 10%.
Kate Aanenson: I understand what you're saying and we can look at that to see how we can
work those through.
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City Council Meeting — May 8, 2006
Brian Sullivan: We're on this main road here. You know we have like a comer lot like right
here. These corner lots, you're not going to have the corner house on those because we're going
to have, these are going to be more a traditional road because they're going to want to have a 3
car garage. This kind of the main road into our development here so you don't want to have a lot
of 3 car garages on the main drive as we.
Mayor Furlong: So you're saying that would be an example where you would have the side
gage?
Brian Sullivan: Where I would not have the side garage. Because the 3.
Mayor Furlong: Oh, that lot facing towards the.
Brian Sullivan: Yeah, 3 garage doors would be facing toward the street. I wouldn't want that
there so, there will be situations mainly along this road. These corner lots along the main road
that I don't, that we won't, we might want to have the, I wouldn't want to have the comer house
on those lots there.
Mayor Furlong: Are any of those then, are any of those situations where the, it's on a private
street that it's going to be the 20 foot setback?
Brian Sullivan: Yeah, on a private street the front of the house would be 20 feet.
Mayor Furlong: From the 40 foot right-of-way?
Brian Sullivan: From the 40 foot right-of-way. And with your garage on a corner would be the
25 feet. 25 feet. 25 feet from the right-of-way.
Kate Aanenson: That was I believe one of the drawings in the perspective that showed the
corner. I believe this one with the private street...
Brian Sullivan: This right here would show what the.
Kate Aanenson: So that would be the side loaded on the private. But what you're missing in
context is I'm pushing forward on the other one. I think that's something that maybe we
can ... and then when it comes back for final plat, you can see how that. I understand... one
sticking out there.
Mayor Furlong: Yeah, and I just want to clarify because I understand the concept but what does
that mean when we apply it is what I'm trying to get my arms around.
Kate Aanenson: Right... along the street.
Mayor Furlong: So we'll take a look at that.
Kate Aanenson: Yep.
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City Council Meeting — May 8, 2006
Mayor Furlong: Alright. Impervious surface coverage. Overall it's limited to 30. We're taking
advantage of the open space in the Bluff Creek corridor as part of that 30, and if I read the data
information correctly, it said 27 is the current coverage ratio.
Kate Aanenson: Correct.
Mayor Furlong: On the lots themselves, did that calculation include that 600 square foot...
Kate Aanenson: That's a good question. I'm sorry I missed that when I gave my presentation
but we tried to come up, and that's something else we wanted in the homeowners covenants
because if everybody maximized their lot, which we don't anticipate, but what we want to come
up with and I put this in the staff report. We looked at there's approximately 600 square feet so
if everybody used that 600 square feet we'll still be under it. It appears so. If they want to put,
what we're asking them to put, also I talked about fences. Dog houses. We also want that to put,
go into their association rules and.
Councilman Labatt: And covenants?
Kate Aanenson: Well restrictions too, that there's a certain percentage that they can maximize.
Mayor Furlong: And I guess that's it. If 600 square feet for each of the homeowners is
allowable and they still meet the overall coverage.
Kate Aanenson: Yes, we believe that's kind of what we did for the math.
Mayor Furlong: Okay. Obviously we want to avoid is variance requests on impervious surface
because it's smaller lots to begin with. So is there, how are we going to deal with that? Is there
a limit on a lot itself?
Kate Aanenson: That's what I'm saying. The 600 per lot basis.
Mayor Furlong: Is going to be the implied.
Kate Aanenson: Correct. Correct.
Mayor Furlong: Additional amount. So some of the footprints of the homes are different, are
they not?
Kate Aanenson: Yes. Yes. So not everybody's going put a deck on right away. Everybody's
not going to have a dog run, those sort of things, so we'll have to evaluate that. What we've
asked them to do is kind of come back with that minutia and we kind of worked that into the
system so there's kind of a set rule that, how much square footage you can add on. To stay
within that percentage.
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City Council Meeting — May 8, 2006
Mayor Furlong: Without adding complexity, I think we should try to take a look at that now so
that we have those rules there, and if it's in there...
Kate Aanenson: Yeah, I did review that in the staff report but we're asking them to put that also
in their bylaws and we'll put that in as a condition of approval so it's quantitative and
prescriptive so people know what they're buying into. How much they have for additional yard
space.
Mayor Furlong: Another work with staff condition. Very good. Those are my questions. Any
other questions at this point?
Councilman Labatt: I've got one. Kate, the parking on the private streets. These are 28 foot
wide streets.
Kate Aanenson: Paved, yeah.
Councilman Labatt: 28. And if a neighbor has a party, and they have 20 people over and they
all come 2 per car, so we've got 10 cars parked out there. If they park on both sides of the road
you're telling me that we can still get a vehicle through there?
Paul Oehme: Yes. I mean you can't go in two directions but in one direction you'll be able to.
Councilman Labatt: What is they park in both directions, then there's no way for an ambulance
or a fire truck or a car to get through.
Paul Oehme: You can get one through but not two. Yeah, you can get one through.
Councilman Labatt: They can get one car through but if they park on both sides of the road.
Mayor Furlong: If they get 8 feet to a car.
Paul Oehme: Yeah, 8 foot to a car approximately, 10, 11 to 12 feet for a drive aisle.
Todd Gerhardt: Parking stall's 9 by 18.
Paul Oehme: Yeah, so 9, 18, so 10 feet.
Councilman Labatt: So we're okay with that?
Paul Oehme: 28 feet is a standard in some communities too for public streets. We happen to be
31 feet.
Mayor Furlong: Now our public streets in this development will be subject to the same no
parking rules.
Paul Oehme: That's correct, right.
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City Council Meeting — May 8, 2006
Councilman Labatt: But the private streets aren't.
Kate Aanenson: That's something we may want to look at.
Councilman Labatt: What's to say if there's a problem here and there's private streets.
Enforcement wise there's no, we have no stake. There's nobody that can go on there and ticket
the cars and tow them other than the homeowners association.
Mayor Furlong: Well and I guess the question is, what do we do elsewhere in the city?
Councilman Labatt: I think we have a private, now don't get me wrong. I like what I see. I'm
just.
Mayor Furlong: It's something to look into.
Councilman Labatt: This is only preliminary right?
Kate Aanenson: Yes, and again some of the stuff we put in that we need to look at for the next
level that we talk about are some of those details.
Councilman Labatt: Okay, can you look at it?
Kate Aanenson: Yep. I think that's a good point, yeah. And again, that's going to be the
association that's going to plow those streets but they're also going to want to get people off so
they can get to their houses but we can put a time period that they get it plowed and all those sort
of things.
Councilman Labatt: Okay. And then my only other comment is, I'm with you Brian on your
thinking on this. That it's a great subdivision. It looks like. It's laid out nice. It does a nice job
to preserve things. At the same we should think what's the entrance to the east. And I look at
going back to what we went through last year with Yoberry Farms where we had Longacres
coming in and Highover coming down and they both had touchdown spots so we had to
maneuver things and I mean we're not reinventing the wheel here.
Councilman Lundquist: This is longer than my cul-de-sac.
Councilman Labatt: So those are my comments. You know, it's, the parking thing I wanted to
talk about and.
Mayor Furlong: Okay. Other thoughts, comments.
Councilman Lundquist: Todd, you've been over there all night. How about approximate
distance from let's say the middle of the development which is about where the totlot is to the
park that's down on Peterson's project.
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City Council Meeting — May 8, 2006
Todd Hoffman: Approximately half a mile.
Councilman Lundquist: You wouldn't happen to have a map, somebody wouldn't happen to
have map that shows the whole area. There you go. It's the yellow area. Okay.
Todd Hoffman: This would be the public park and approximately half of the Preserve
development is within the one half mile service area to that location.
Councilman Lundquist: And then the other half will be to the school when the school gets built.
Todd Hoffman: To the school or utilizing the association facility.
Councilman Lundquist: And then we have a trail connection from this development down to the
park there?
Todd Hoffman: Yeah, you'll either take the street trails or the creek trail, and then down to the
park.
Councilman Lundquist: Okay. And are you guys getting nervous as we continue to put these
private parks in there, that we're going to be in a Johnson situation someday where the hoa's are
going to get tired of taking care of them and we're going to have to absorb them?
Todd Hoffman: That has occurred on occasion. Not in the recent past but there's a couple parks
in the city that have been that way. This small a size, probably something that we wouldn't
consider taking over at a future date.
Mayor Furlong: Something we probably would not take?
Todd Hoffman: Would not. They would have to go ahead and resolve that conflict internally. If
it ever arises.
Mayor Furlong: I am responsible for the weeds.
Councilman Lundquist: And mulch too.
Councilman Labatt: And mulch inspector.
Mayor Furlong: That's right. Okay. Other thoughts or comments on the overall development.
Councilman Lundquist.
Councilman Lundquist: I think as Mr. Herbst stated, that it's been a process as we go through
and it's been, you know each one of these has it's unique issues and because they're developing
kind of one at a time, rather than all together and things have gone, that there's always going to
be some conflicts and some other things going on, but either with not knowing exactly what's
going to happen to the east or to the west. We've talked a lot about you know Mr. Dorsey has
done a nice job of presenting his issues and obviously we've been talking about a lot of that and
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City Council Meeting — May 8, 2006
Mr. Fox to the east. You know to the west we've got a property to be developed eventually as
well too, that we've got to be cognizant of, so I'm looking at that also. And as Mr. Labatt said
before, I think we've done a good job there of trying to minimize those physical constraints of,
because obviously to the east and to the west now, if we approve this layout, then that is a touch
down point that will have to be matched regardless of what that development looks like. But in
terms of restriction, that's about it right now and I think Mr. Dorsey makes some fine points of
you know possibilities and potentials but right now, we did the Peterson and Town and Country
piece on the property line because we knew that Peterson was there. We saw the preliminaries.
We had the design. We had a chance to look at that, and you know not knowing what's going to
happen on that east property, I'm not comfortable saying let's put a road anywhere on that east
regardless of what happens there now because I wouldn't be comfortable putting it on the
property line now because that may not only affect the Pemtom but it might affect what goes on
to the east in the future as well, not knowing that, so I think I'd just as soon minimize the impacts
to the east and the west, which this does with that one physical point there, and look at that. I'm
glad to see the, something other than a townhouse. I mean these are still houses on a small lot
but it preserves a lot of stuff so that's good to see and you know this is an area, it's still going to
be very nice when we get down with all that open space so, I like that as well, and I like the
difference in architecture too. It's also nice to see some break up there rather than boxes where
we change a few small things here and there so, I'm with Councilman Peterson and Mayor on
let's look at some, you know when we get further into the details on some of the color stuff and
some of the you know, those architectural things to preserve that, but I'm confident that Mr.
Herbst will do, and Ryland will do a good job there. Dan's got a good track record. I'm sure he
wants to preserve that so, overall I think I'm in favor. I'm glad that, I think we've gotten to this
stage on one of these where we might get it through on the first time instead of having it come
back in 2 or 3 weeks and go after it again so. Not without issues certainly, and as we go forward
with the rest of these, to the east and west, no doubt we will have similar issues going along with
it. Hopefully I think we're kind of learning as we go what to watch out for and what to look out
for so, there will be things coming up obviously to the east and west. We'll deal with them when
they get there but again this one, about all we can do to minimize the impact on the surrounding
properties, so I'm comfortable at the stage we're at.
Mayor Furlong: Alright, thank you. Councilman Peterson.
Councilman Peterson: I don't have much to disagree with Councilman Lundquist's perspective.
I think that my adjective was the what if's. We're dealing with what if's tonight and there's a
point where you just can't, you have to make a decision, and there are so many what ifs on the
east side yet that for us to step back and say we have to leave everything to the east and you
know, or let me put it differently. For us to decide, I came in tonight thinking well we have to
decide where the north/south goes and I was uncomfortable with that, and clearly what I've
heard tonight is we don't have to, nor should we. There's an inference now that there's a
plausible space connecting to Sunset. I'm not at all convinced that's the right place to put it, but
I don't have to make that decision tonight. And to that end, if the north/south collector I think
will be back on another night deciding where that would go, if it goes, and I think that is better
left for another night. To build that south, you know I'll rewind a bit. Again I am concerned
about density. I think this is, what makes me feel about this site is, you know it is somewhat
unique to the area and it's not a huge development. It's not 500 of these, and that makes me feel
53
City Council Meeting — May 8, 2006
a lot better in the size and scope of it. And I think if we address some of the minor things that we
already talked about on some of the architectural and colors and that, that will relieve many of
my concerns so I'm comfortable moving forward with this, being sensitive to the issues already
discussed so. With that said I'd look for other comments.
Mayor Furlong: Thank you. Anything else?
Councilman Labatt: Well I said mine. I just would agree with Brian and Craig with their
comments and it is a nice development and it's, I think it's, it's going to be a nice addition to our
city in the south end.
Mayor Furlong: Okay, thank you. I won't repeat the comments made. I concur generally with
those of councilman, all of them. Councilman Lundquist, Labatt and Peterson. And I will say
that when I was first presented or saw this development a number of weeks ago, maybe even
months ago now, I guess what I would best describe my reaction is guarded. It was not
something from a density standpoint. Mr. Gerhardt's nodding his head up and down. We've had
more than one conversation on this as we try to understand what's really being proposed here,
and in looking at and listening and taking into account, not only the presentation tonight but what
occurred at the Planning Commission. This is something that I've gained good comfort with. I
think there's issues. We've talked about them tonight and setbacks, densities. Those are things
that we talk about all throughout this area. But in terms of the product that is being proposed
here, it is unique. I like uniqueness from a standpoint that it's not more of the same, and I think
that's where this council struggled a little bit recently, and but doing something different is
helpful and it makes it easier in the end to be able to move forward with it. I think that the layout
here, in terms of the roads, Councilman Lundquist I think said it best. The points at which this
development is touching other neighboring properties, we have one point I think with each of the
neighboring properties, but for the Peterson property to the south, and that point on the east is
clearly to be able to gain access to the Jeurissen property I believe it is over there. But a minimal
impact but nonetheless something that this city has done many times over the years. Recently
with Plowshares that was mentioned up to the north. We did it with Plowshares development on
the old Mancino property. In fact it was a development that went through with the extension of
Lake Lucy Road. Manchester if I'm not mistaken, that was stubbed up to that property that then
created that connection. That was something that the developer had to deal with and they
connected it and having driven through that connection the other day, just to see how things were
going, it flows. So it's something that happens. I think running a road along the entire border,
Councilman Lundquist I think said it best, would be more restrictive to the development to the
east than a single road going in. And for reasons stated tonight here by the staff, in terms of
where the best place is, we don't have to decide tonight but I can understand why there are
arguments that say the best place is not at this development here so. I'm comfortable moving
forward with trying to create a long list of work with staffs that we can enclose in here and to
flake sure we're all comfortable with that and get that included at this time. But I'm confident
based upon the experience that we've had with Mr. Herbst and Perntom that that can be a long
list but it's nothing on there that's generally not be accomplished and so that provides some trust
and confidence there. That these issues, minor in the overall picture, can still be addressed. So
I'm comfortable with moving forward tonight, as we put something together and I think that this
will be a unique development. It's a nice neighborhood within our city, to compliment the other
54
City Council Meeting — May S, 2006
developments that we've already approved and those that we will likely see going forward. Any
other comments or discussion? The motion I believe starts on.
Councilman Lundquist: 46.
Mayor Furlong: Page 46 and just for clarification here, there's a couple of items, and Ms.
Aanenson, to make sure I get these correctly. The motion, or condition number 60 should include
Lots I through 5, not just Lot 1.
Kate Aanenson: I'd like to get some clarification on 60, 61 and 62. And that's the park
commission's recommendation and we have in our condition of approval, 31 that says that we
work with the staff to discuss eliminating 1 to 2. 1 think there's concurrence ort that but we're
negotiating on those outlots 1 through 5.
Mayor Furlong: So we want to keep, so you're saying that there's some conflict with those?
Kate Aanenson: Yeah, because the other one says they're eliminated and you know, so if you
eliminate it, then we've kind of...
Mayor Furlong: 31 provides better.
Kate Aanenson: Right, so I think 31 works better, right.
Mayor Furlong: So what do we have to do? Which one is that?
Kate Aanenson: I think right now, if we just take 60, 61 and 62, and 63. Let's see. Those are
just recommendations.
Mayor Furlong: Do you believe that they're covered already...
Kate Aanenson: They are covered. We already have full park and trail fees in there already, and
then clearly if we want to leave in 63, because we do want those conveyed as public property,
and that would be A, B, L and N, those outlots. We would want those conveyed as.
Mayor Furlong: So strike H and insert N.
Kate Aanenson: Yep. And then if we just put 60.
Mayor Furlong: So you're saying 60, 61 and 62 are already covered in the other conditions?
Kate Aanenson: Yeah. I think we should just strike those out because they conflict with our
ability to negotiate to get that. 61?
Todd Hoffman: The trail.
Kate Aanenson: Oh, the trail construction, I'm sorry. 61 is probably not.
55
City Council Meeting — May 8, 2006
Mayor Furlong: 61 is.
Kate Aanenson: Yep, so you want it in, correct.
Councilman Lundquist: So you want 60 and 62 out.
Kate Aanenson: That's correct. And that gives us the ability to negotiate with the developer
right now. And then just one other point of clarification. Just so, the things that you wanted us
to add and this may be 64. Maybe you were just going to do this Mayor, but what I've got from
my notes is attention to the garage facades, including percentage of windows with color palettes,
a minimum of four, that they come back with those. That we discuss private street, parking,
maintenance and parking.
Mayor Furlong: And winter parking?
Kate Aanenson: Yeah, winter parking. Areas of future buildable area. That those be covered in,
not only covenants but in the development standards itself. And then setbacks on the comer lots.
And then the hammer head at Outlot, or the end of street.
Mayor Furlong: Yes, and I just had turn around on all private streets...
Kate Aanenson: That's fine, then we've got it covered.
Mayor Furlong: Whatever the, yep.
Kate Aanenson: Is that what you had?
Mayor Furlong: That was my list. Anybody else have anything to add to that? That would be
condition.
Councilman Lundquist: 64.
Councilman Peterson: But we're deleting, this would be.
Councilman Lundquist: It still has to be 64.
Todd Gerhardt: It doesn't have to be.
Mayor Furlong: We can do anything, right Roger?
Roger Knutson: That's right Mayor.
Todd Gerhardt: Not that it would be successful.
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City Council Meeting — May 8, 2006
Mayor Furlong: That's out of order. Let's move forward now with the motion. Would
somebody like to state a motion please.
Councilman Labatt: Mayor I would recommend that we approve the rezoning of the land within
the plat for The Preserve from Agricultural Estate, A2, subject to the following plans dated 3-17-
06, and the conditions 1 through 64 with deletion of 60 and 62. And 63 should be amended to
changing the H to N. 64 will be the motion or the condition that Kate just stated with the list of
to do's.
Mayor Furlong: Okay.
Roger Knutson: Mayor? That also includes approval of the conditional use permit?
Kate Aanenson: That's correct.
Roger Knutson: And adopting the findings of fact as presented by the Planning Commission as
your own findings.
Councilman Labatt: Yes.
Mayor Furlong: Okay. Thank you. Is there a second?
Councilman Lundquist: Second.
Mayor Furlong: Made and seconded. Is there any discussion on the motion? Questions or
clarifications. Hearing none, let's proceed with the vote.
Councilman Labatt moved, Councilman Lundquist seconded that the City Council approve
the Rezoning of the land within the Plat for The Preserve from Agricultural Estate District,
A2 to Planned Unit Development -Residential, PUD -R; approval of a Conditional Use
Permit to permit development within the Bluff Creek Overlay District and alterations
within the flood plain; and approval of the Preliminary Plat for "The Preserve" creating
155 lots, 15 outlots and right-of-way for public streets, plans prepared by Westwood
Professional Services, Inc., dated 3-17-06, subject to the following conditions:
1. The drainage and utility easement over the northern portion of Lift Station #24 must be
vacated and filed upon final approval of the final plat.
2. The "Existing Conditions" plan must be revised to show the drainage and utility easement
that was granted to the City and contain trunk sanitary sewer and watermain.
3. Prior to City Council consideration of the final plat, the applicant must provide
documentation indicating that the proposed right-of-way for Lyman Boulevard meets Carver
County's requirement.
57
City Council Meeting — May 8, 2006
4. The grading plan must identify the existing and proposed 100 -year floodplain.
5. Due to the anticipated timing of the final plat with respect to the timing of formal approvals
from FEMA, the proposed lots that are within the current floodplain may be preliminary
platted subject to FEMA approval of the LOMR.
6. Any grading within the floodplain will require a Conditional Use Permit.
7. Catch basins on each side of all public streets must be no more than 300 feet apart.
8. The proposed outlet for Wetland A must lie along the edge of the wetland.
9. The storm sewer from Pond 1 must outlet to the wetland north of Pond 2 in order to maintain
hydrology to the wetland.
10. Storm sewer within Street J must be rerouted through the sideyards within Block 3 and outlet
to Pond 2.
11. Hydraulic calculations must be submitted with the final plat submittals.
12. The legend on the final grading plan must identify the lowest floor elevation.
13. All buildings must be demolished before the second phase.
14. The final grading plan must show the top and bottom of wall elevations
15. Any retaining wall four feet high or taller requires a building permit and must be designed by
an Engineer registered in the State of Minnesota.
16. The developer must work with staff to find the preferred sanitary sewer alignment west of
Block 3 prior to City Council consideration of the final plat.
17. The plan must be revised to show an 18 -inch diameter watermain on the south side of Lyman
Boulevard to the east property line.
18. The developer's engineer must submit a separate cost estimate for the watermain oversizing
along Lyman Boulevard with the final plat submittals.
19. To the maximum extent practicable, the trail along the east side of Bluff Creek must be
within close proximity of the manholes for the existing trunk sanitary sewer.
20. The lowest floor elevation of each unit must be shown on the utility plan.
21. The existing well and septic system must be properly removed and abandoned during site
grading and utility installation.
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City Council Meeting — May 8, 2006
22. The developer must pay $15,776 in cash with the final plat for the pro -rated cost for the
preparation of the 2005 MUSA AUAR.
23. The outstanding assessments — $310,999.03 for 2005 MUSA roads and water, and
$162,976.08 for Highway 101/Lyman Boulevard/Highway 312/Highway 212 must be paid
with the final plat or reassessed to the lots and outlots for future development.
24. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are
collected with the building permit and are based on the rates in effect at the time of building
permit application. The party applying for the building permit is responsible for payment of
these fees.
25. The City will construct Bluff Creek Boulevard Improvements to serve the development in
conjunction with public improvement project No. 06-05. The property within the plat will be
specially assessed for this project.
26. The development is subject to the arterial collector fee, which must be paid in cash with the
final plat.
27. Streets F and K must extend past Lot 6, Block 13 and Lot 1, Block 17, respectively to
provide adequate space for a vehicle to back out of the driveway and tum into the street.
28. Curbs on public streets will be high -back; curbs on private streets will be surmountable.
29. The sidewalk along the north side of Street H between Street A and Street I, and along the
north side of Street E must be eliminated.
30. Sidewalks adjacent to private streets and within privately owned outlots can be used by the
public.
31. The applicant will work with staff to discuss eliminating Lots 1 and 2, Block 11, and Lots I
through 5, Block 1.
32. The applicant shall revise the plan design to ensure adequate hydrology for Wetland 4 in the
post -development condition.
33. If the applicant wishes to pursue an exemption for impact to Wetland A, the applicant shall
furnish information to substantiate the exemption request. The applicant is advised that, even
if impacts would be exempt from WCA, they may not be exempt from the requirements of
the Army Corps of Engineers.
34. A wetland buffer with a minimum width of 16.5 feet shall be maintained around all wetlands
and wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in
accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge
signs, under the direction of City staff, before construction begins and shall pay the City $20 per
sign. All structures shall maintain a setback of at least 40 feet from the wetland buffer edge.
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City Council Meeting — May 8, 2006
35. All structures shall maintain a 50 -foot setback from the ordinary high water level of Bluff
Creek. All structures shall maintain a minimum 40 -foot setback from the primary corridor.
No alterations shall occur within the primary corridor or within the first 20 feet of the setback
from the primary corridor. The 50 -foot setback, primary corridor boundary, 40 -foot structure
setback and 20 -foot grading setback shall be shown on the plans.
36. The applicant shall provide details for the proposed trail crossing of Bluff Creek. Minnesota
Department of Natural Resources (DNR) permits shall be obtained for all creek crossings. In
addition, the trail alignment shall be revised to cross Bluff Creek in the same location as the
sanitary sewer crossing. Immediately south of the creek crossing, the trail intersection shall
be redesigned to avoid impact to the trees.
37. The plans shall be revised to provide a lower EOF for Wetland A and a path to the west for
excess water that will not threaten proposed structures.
38. The EOF path for Pond 1 shall be revised to provide a more direct EOF route from Pond 1 to
Wetland 4.
39. The proposed sanitary sewer and storm sewer outlet in the vicinity of Pond 2 shall be revised
to ensure: 1. The runoff from the outlet will not compromise the integrity of the sanitary
sewer; and 2. The sanitary sewer is not located below the normal water level (NWL) of Pond
2.
40. The outfall from Pond 3 shall not outlet upslope of the proposed trail.
41. The applicant shall clarify the avoidance of the drainageway to be preserved during the
construction of Pond 4 and, if possible, redesign the pond to provide additional storage and
treatment in lieu of avoiding the drainageway.
42. Pond 5 shall be constructed prior to the construction of all the areas that drain to it.
43. Drainage and utility easements (minimum 20 feet in width) shall be provided over all
existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds.
44. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the following table of slopes and time frames:
Tyne of Slope
Time (Maximum time an area can
Steeper than 3:1
7 days remain open when the area
10:1 to 3:1
14 days is not actively being worked.)
Flatter than 10:1
21 days
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
.t
City Council Meeting — May 8, 2006
system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man
made systems that discharge to a surface water.
45. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as -needed.
46. The applicant shall be proactive in addressing potential run-on problems in the vicinity of the
extreme southeast comer of the property. This would potentially involve vertically tracking
equipment up and down the graded faces of the slope to increase roughness and prevent rilling.
Similar practices shall be used behind the homes along the central part of Outlot A.
47. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $242,760.
48. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES
Phase 11 Construction Site Permit), Minnesota Department of Natural Resources (for
dewatering), Army Corps of Engineers, Minnesota Department of Transportation, Minnesota
Department of Health) and comply with their conditions of approval.
49. The applicant shall demonstrate that the outlet pipe installation and elevation will not impact
the wetland.
50. If recommended by the Park and Recreation Commission, park fees shall be paid as per City
ordinance at the rate of final platting.
51. Tree protection fencing shall be installed prior to construction around all areas designated for
preservation and/or at the edge of proposed grading limits.
52. A walk-through inspection of the silt/tree preservation fence shall be required prior to
construction.
53. No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off.
54. A turf plan shall be submitted to the City indicating the location of sod and seeding areas.
55. Buffer plantings shall be installed along the east property line in the rear yards of Lots 7
through 16, Block 3 and Lots 1 through 5, Block 10.
56. Applicant shall remove Emerald Queen Norway maple from the planting schedule. The
applicant shall substitute another species with approval from the City.
57. A conservation easement shall be recorded over Outlot A.
61
City Council Meeting — May 8, 2006
58. The developer shall work with staff to develop and install appropriate markers at lot lines to
demarcate the primary zone.
59. The applicant shall submit a plan for the revegetation of any areas of grading within Outlot
A. The plan shall incorporate native plants and be consistent with the City's Bluff Creek
Natural Resources Management Plan Appendix C. Special attention should be paid to areas
with steep slopes (greater than 3:1). Staff recommends that the Hill Prairie planting list be
used for the restoration."
60. The applicant shall provide all design, engineering, construction and testing services
required of the `Bluff Creek Trail." All construction documents shall be delivered to the
Park and Recreation Director and City Engineer for approval prior to the initiation of each
phase of construction. The trail shall be 10 feet in width, surfaced with bituminous material
and constructed to meet all city specifications. The applicant shall be reimbursed for the
actual cost of construction materials for the Bluff Creek Trail. This reimbursement payment
shall be made upon completion and acceptance of the trail and receipt of an invoice
documenting the actual costs for the construction materials utilized in its construction.
61. Outlots A, B, Land N be conveyed to the city as public property by warranty deed.
62. The following items are to be addressed at final plat:
• Attention to garage door facades including n percent of doors with windows
• Color palate (4 minimum)
• Private streets and sidewalks,
• Percentage of future boilable area,
• Setbacks on comer lots
• Turnarounds at the end of private streets.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
COUNCIL PRESENTATIONS: None.
ADMINISTRATIVE PRESENTATIONS: None.
CORRESPONDENCE DISCUSSION.
Mayor Furlong: It was good to see library hours being expanded.
Todd Gerhardt: Yep.
Mayor Furlong: They're open now I believe on Sundays as well.
Todd Gerhardt: That's correct.
Mayor Furlong: They're open and more stable hours on the rest of the days of the week too so,
that's good. Also good to use the usage. Any other discussion on the correspondence packet? If
62
DEG01 04/10/2008 7:23 PM
Namets) shown on your income lax return
469—
)7C Zoo
number
Section B. Donated Property Over $5,000 (Except Certain Publicly Traded Securities)- List in this section only items (or groups of similar
items) for which you claimed a deduction of more than $5,000 per item or group (except contributions of certain publicly traded
securities reported in Section A). An appraisal is generally required for property listed in Section B (see instructions).
Part 1 Information on Donated Property- To be completed by the taxpayer and/or the appraiser.
4 Check the box that describes the type of property donated:
Art *(contribution of $20,000 or more) Qualified Conservation Contribution Equipment
Art *(contribution of less than $20,000) Other Real Estate Securities
Collectibles" H Intellectual Property Other
-Art includes paintings, sculptures, watercolors, prints, drawings, ceramics, antiques, decorative arts, textiles, carpets, silver, rare manuscripts, historical memorabilia, and
other similar objects.
—Collectibles include coins, stamps, books, gems, jewelry, sports memorabilia, dolls, etc., but not art as defined above.
Note. In certain uses, you must attach a qualified appraisal of the property. See instructions.
(a)
more space, attach a separate statement)
(d) Dale acquired(e) How acquired I (1) Donor's cost or
mo.
by donor (, yr.) by donor adjusted basis
If tangible property was donated, give a brief summary of the
physical coididon of the pmperly at Ne Ume of Ne gin
(g) For bargain sales, enter
amount received
as a
II (c) Appraised fair
market value
Part II Taxpayer (Donor) Statement- List each item included in Part I above that the appraisal identifies as having
a value of $500 or less. See instructions.
I declare that the following item(s) included in Part I above has to the best of my knowledge and belief an appraised value of not more than $500
(per item). Enter identifying letter from Part I and describe the specific item. See instructions. ►
Signature of taxpayer (donor) ► Date ►
Part III• Declaration of Anoraiser
I declare that I am not the donor, the donee, a party to the transaction in which the donor acquired the properly, employed by, or related to any of the foregoing persons, a
marded to any person who is related to any of the foregoing persons. And, if regularly used by the donor, dance, or parry to the transaction, I performed the majority of my
appraisals during my tax year for other persons.
Also, I declare that I hold myself out to the public as an appraiser or perform appraisals on a regular basis; and that because of my qualifications as described in the
appraisal, I am qualified to make appraisals of the type of property being valued. I certify that the appraisal fees were not based on a percentage of the appraised property
value. Furthermore, I understand that a false or fraudulent overstatement of the property value as described in the qualified appraisal or this Form 8283 may subject me to
the penalty under section 6701(a) (aiding and abeffi g the understatement of tax liability). In addition, I understand that a substantial or gross valuation misstatement
resulting from the appraisal of the value of the property that I know, or reasonably should know, would be used in connection with a return or claim for refund, may subject
me to the penalty under section 6695A. I affirm that I have not been barred from presenting evidence or testimony by the Office of Professional Responsibility.
Sign
Here Signature ►
Title ►
Dale ►
Business address (including room or suite no.) I Identifying number
City or town, state, and ZIP code
Part IV Donee Acknowledgment- To be completed by the charitable organization.
This charitable organization acknowledges that it is a qualified organization under section 170(c) and that it received the donated property as described
in Section B, Part I, above on the following date 111, -
Furthermore,
Furthermore, this organization affirms that in the event it sells, exchanges, or otherwise disposes of the property described in Section B, Part I (or any
portion thereol) within 3 years after the date of receipt, it will file Form 6262, Donee Information Return, with the IRS and give the donor a copy of that
form. This acknowledgment does not represent agreement with the claimed fair market value.
(donee)
no.)
or town, state, and ZIP code
Forth 8283 (Rev. 12-200
SCANNED
Status Report 12/10/07 plan.OR2
Jul 2000 Au us12000 a tember2000
S M T W T F S S M T 'N T F S M T W T F S
1 1 2 3 4 5 12
2 3 4 5 6 7. 8 6 7 8 9 .10.11 12 3 4 5 6 7 8 "9
9 10 11 12 13 14 15 13 10 15 16 17 18 19 10 11 12 13 14 15 16
1617 18.19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23
23 24 25 26 27 28 2927 26 29 30.31 - 24 25 26 27 26 29 90
30 31.. ..... _._ __._. ..._ _....... _....
Securities
IStart Due S P Category Description
12/10/07 1/18/08 F LC #1506 Expires 1/18/08
Preserve at Bluff Creek 1st Addition
Planning Case 2006-14
$122,601 (landscaping)
Letter of Credit automatically renews for successive one-year terms
Notify Jill Sinclair
11/27/07 - Received notice from bank cancelling LC as of 1/18/08. Per Jill, LC roust be renewed.
Sent letter to bank requesting renewal of LC to 1/18/09. Check status on 12/10/07. KM
0 mol tom Dme�pmeM c,m IvVM?M,W M 5=5, P_Pnmq Peae1
Recreation Center Sincerely,
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952227.1404
Planning &
Natural Resources
Phone: 952.227.1130 Jill Sinclair
Fax: 952.227.1110 Environmental Resources Specialist
Public Works
1591 Park Road JS:ktm
Phone: 952.227.1300
Fax: 952.227.1310 Enclosures
Senior Center g \plan\2006 planning cases\06-14 the presm6landscape Ice letter Ist addn renewal request.doe
Phone: 952227.1125
Fax: 952.227.1110
Web Site
wwwci.chanhasseo.mn.us
The City of Chanhassen • A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
November 27, 2007
CITY OF
CHANHASSEN
Ryland Homes
Mark Sonspegard
7700 Market Boulevard
Land Development Coordinator
PC Box 147
7599 Anagram Drive
Chanhassen, MN 55317
Eden Prairie, MN 55344
Administration
Phone: 952227,1100
Re: Landscape Letter of Credit No. 1506 Renewal Request
Fax: 952227.1110
The Preserve I" Addition — Planning Case 06-14
Building Inspections
Phone: 952,227,11 Bit
Dear Mr. Sonspegard:
Fax 952 227.1190
Engineering
The City of Chanhassen received a 45 -day notification of cancellation of the
Phone: 952.227.1160
above -referenced letter of credit from Guaranty Bank. The letter of credit is due
Fax: 952.227.1170
to expire on January 18, 2008. The purpose of this letter of credit is to guarantee
Finance
all common area landscaping, irrigation, and foundation plantings. Since the
Phone: 952.227.1140
project is incomplete, the City is requesting a new landscape letter of credit in the
Fax: 952.227.1110
amount of $122,601.00 be issued with an expiration dated of January 18, 2009.
Park & Recreation
Phone: 952227.1120
If you have any questions or concerns about this matter, please contact me.
Fax: 952.227.1110
Recreation Center Sincerely,
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952227.1404
Planning &
Natural Resources
Phone: 952.227.1130 Jill Sinclair
Fax: 952.227.1110 Environmental Resources Specialist
Public Works
1591 Park Road JS:ktm
Phone: 952.227.1300
Fax: 952.227.1310 Enclosures
Senior Center g \plan\2006 planning cases\06-14 the presm6landscape Ice letter Ist addn renewal request.doe
Phone: 952227.1125
Fax: 952.227.1110
Web Site
wwwci.chanhasseo.mn.us
The City of Chanhassen • A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Iq
CITY OF
CHAT USSEN
7700 Market Boulevard
PO Boz 147
Chanhassen, MN 55317
Administration
Phone: 952.227.11 DO
Fax: 952.227,1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1180
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1 120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952227.1400
Fax: 952.227. 1404
Planning g
Natural Resources
Phone: 952.227.1130
Fax 952.227. 1110
Public Works
1591 Park Road
Phone: 952 227.1 300
Fax: 952.227.1310
Senior Center
Phone: 952.227.j 125
Fax: 952,227. 1110
Web Site
www.ci.chanhassen.mn.us
Ma& ,�OYq AJ
lv�
January 10, 2007
Ryland Homes
Matt DuCette
Land Development Coordinator + I-
7599 Anagram Drive NIiM' l--
Eden Prairie, MN 55344
Re: The Preserve I" Addition — Landscape Letter of Credit
Dear Matt,
M
The City of Chanhassen requests a landscape Letter of Credit for $122,601.00 to
cover all common area landscaping, irrigation, and foundation plantings. This will
replace the typical landscape escrows collected by the city at the issuance of a
building permit.
If you have any questions or concerns about this matter, please contact me.
S'nc`
1
tt
1 Sinc r
Environmental Resources Specialist
The City of Cha nhass en • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A geal place to live, work, and play.
RYLAND
RECEIVED HOMES'
JAN 9 - 2007
CITY OF CHANHASSEN
January 3, 2007
City of Chanhassen
Jill Sinclair
Environmental Resource Specialist
7700 Market Blvd.
Chanhassen, MN 55317
Re: The Preserve - Landscape Bond
Jill,
TWIN CITIES DIVISION
7599 Anagram Drive
Eden Prairie, MN 55344
952-229-6000 Office
952-229-6024 Paz
w .ryland.com
Builder's License #20035443
Pursuant to our meeting on 1/3/07 regarding the landscape bond at The Preserve, I have
enclosed a table displaying a breakdown of how the bonds will be posted.
Plat
Units
Average Per Unit
Total Bond to be Posted
The Preserve at Bluff Creek 1"
53
$2,313.23
$122,601.00
Addition (platted)
The Preserve at Bluff Creek 2 ad
65
$2,313.23
$150,360.00
Addition (estimated)
The Preserve at Bluff Creek 3"
34
$2,313.23
$78,650.00
Addition (estimated)
These bonds will cover all common area landscaping, irrigation and foundation plantings
for our community. This will eliminate the landscape escrow fee on the building permit.
We will amend the bond with the addition of each plat.
Please review this breakdown and let me know if you have any questions or concerns.
Please reply with a letter requesting the amount for the 15` Addition.
Sincerely,,
Matt DuCette
Ryland Homes
Land Development Coordinator
612.366.0735 mobile
952.229.6024 fax
E
To: Dan Cook
The Pemtom Land Company
7697 Anagram Drive
Eden Prairie, MN 55344
Ship To:
n
u
Invoice
SALESPERSON
City of Chanhassen
TERMS
7700 Market Boulevard
4/6/06
P.O. Box 147
Chanhassen, MN 55317
CM OF
(952) 227-1100
SEN
To: Dan Cook
The Pemtom Land Company
7697 Anagram Drive
Eden Prairie, MN 55344
Ship To:
n
u
Invoice
SALESPERSON
DATE
TERMS
KTM
4/6/06
upon receipt
NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the
Addressee shown above (copy attached) and must be paid prior to the public hearing scheduled for April 18,
2006.
Make all checks payable to: City of Chanhassen
Please write the following code on your check: Planning Case #06-14.
If you have any questions concerning this invoice, call: (952)-227-1107.
THANK YOU FOR YOUR BUSINESS!
CITY OF CHANHASSEN
P 0 BOX 147
CHANHASSEN MN 55317
04/12/2006 3:01:12 PM
Receipt No. 0008063
CLERK: betty
PAYEE: Pemtom Land Cc
GIS list Planning case 06-14
-------------------------------------------------------
GIS
-----------------------
GIS List 42.00
Total
Cash
Check 6970
Change
42.00
0.00
42.00
0.00
{CANNED
CITY OF
CHANHASSEN
7700 Market Boulevard
PB Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952227.1110
Web Site
www.ci.chanhassen.mn.us
May 29, 2007
Re: The Preserve at Bluff Creek, Project No. 06-12
Chanhassen City Council:
At the last City Council meeting on May, 14 2007, Rick Dorsey had some
concerns about the grading of the Preserve Development adjacent to his west
property line. Staff and the developer have both met with Rick to try to address
his concems. He requested his engineers look at potential changes to the grades
and eliminate a portion of the retaining wall. The developer has agreed not to
grade in the area by the retaining wall for four weeks to give Rick Dorsey's
engineer some time to look at other alternatives to the wall. If any changes are
proposed, staff will bring the proposed changes back to Council for approval.
If you have any questions, please feel free to contact me.
Sincerely,
CITY OF CHANHASSEN
Paul Oehme, P.E.
Director of Public Works/City Engineer
Q1 GTAULLLETfERS4 ..0 k, 05290] do
The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gaal place to live, work, and play.
Oehme, Paul
From: homeclub@gwest.net
Sent: Thursday, May 24, 2007 5:30 PM
To: Oehme, Paul
Subject: RE: Meeting with Dorsey at The Preserve
Thanks Paul, it is appreciated.
Rick Dorsey
952.831.7204
Original Message
From: Oehme, Paul poehme@ci.chanhassen.mn.us
Date: Thu, 24 May 2007 15:52:59 -0500
To: msonsteg@ryland.com, kaanenson@ci.chanhassen.mn.us, homeclub@gwest.net
Subject: RE: Meeting with Dorsey at The Preserve
Mark,
As we discussed, please refrai�r,,yy from grading in the area around the retaining wall on the
east side of your property for'Xfweeks. If you are willing to work with Rick Dorsey, he
is requesting his engineers review the planned changes.
Sincerely,
Paul Oehme, P.E.
Director of Public Works /City Engineer City of Chanhassen 7700 Market Boulevard P.O. Box
147 Chanhassen, MN 55317 Ph. # 952-227-1169
-----Original Message -----
From: Sonstegard, Mark [mailto:msonsteg@ryland.coml
Sent: Thursday, May 24, 2007 10:58 AM
To: Oehme, Paul
Cc: Aanenson, Kate; Fauske, Alyson
Subject: Meeting with Dorsey at The Preserve
Paul,
Attached please find a letter summarizing my meeting with Rick Dorsey on 5/23. Hard copy
to follow. We basically just came to an agreement on the large retaining wall. Please
call me if you have any questions. In addition there is no need for us to meet this
Friday.
Mark Sonstegard
Land Development Manager
Ryland Homes, Twin Cities
(952) 229-6007
(952) 229-6024 fax
msonsteg@ryland.com
<<Paul Hehme Preserve -Dorsey 5.24.07.jpg>>
mail2web LIVE - Free email based on Microsoft® Exchange technology -
http://link.mail2web.com/LIVE
1
Re: The Preserve at Bluff Creek Grading Plan
Dear Mr. Oehme:
On April 16, 2007, Ryland received approval from City of Chanhassen Staff to begin grading on
May I, 2007 for second half of The Preserve at Bluff Creek, however it is my understanding that
at the May 14", 2007 City Council meeting Mr. Rick Dorsey, property owner adjacent to The
Preserve, had concerns related to the Grading Plan. One item in particular, Mr. Dorsey requested
a review of the 12 ft. retaining wall adjacent to his property.
On May 23rd I met with Mr. Dorsey on site to review the current retaining wall plans. After
some discussion, Ryland Homes and Mr. Dorsey agreed that a 4 ft retaining wall with a 30 ft
temporary grading easement from Mr. Dorsey would be in the best interest of both parties.
However, this agreement is contingent on City approval and Mr. Dorsey's developer's approval.
In addition, Mr. Dorsey also had concerns with the elevation of Mills Drive as it meets up with
his property. The current grading plan has Mills Drive matching the current elevation at the east
property line. Mr. Dorsey has requested the elevation be dropped, since this is the high point of
his property and will more than likely be a cut area. Since Mills Drive is to be construction on a
future phase of The Preserve at Bluff Creek, Ryland is in agreement that it could have a lower
elevation. The new elevation would be set when construction plans come in for this future phase.
Ryland will continue to work with City Staff on the above details. Please call me at (952) 229-
6007 if you have any questions.
Sincerely,
Mark Sonstegard
Land Development Manager
Ryland Homes
CC: Mr. Rick Dorsey
Kate Aanenson, City Community Development Director
Alyson Fauske, City Assistant Engineer
RYLAN D
HOMES
TWIN CITIES DIVISION
7599 Anagram Drive
Eden Prairie, MN 55344
May 24, 2007 -
952-229-6000 Office
952-229-6024 Fox
..,yt nd.cam
Paul Oehme
Bailder's License #20035443
City Engineer/Director of Public Works
City of Chanhassen
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Re: The Preserve at Bluff Creek Grading Plan
Dear Mr. Oehme:
On April 16, 2007, Ryland received approval from City of Chanhassen Staff to begin grading on
May I, 2007 for second half of The Preserve at Bluff Creek, however it is my understanding that
at the May 14", 2007 City Council meeting Mr. Rick Dorsey, property owner adjacent to The
Preserve, had concerns related to the Grading Plan. One item in particular, Mr. Dorsey requested
a review of the 12 ft. retaining wall adjacent to his property.
On May 23rd I met with Mr. Dorsey on site to review the current retaining wall plans. After
some discussion, Ryland Homes and Mr. Dorsey agreed that a 4 ft retaining wall with a 30 ft
temporary grading easement from Mr. Dorsey would be in the best interest of both parties.
However, this agreement is contingent on City approval and Mr. Dorsey's developer's approval.
In addition, Mr. Dorsey also had concerns with the elevation of Mills Drive as it meets up with
his property. The current grading plan has Mills Drive matching the current elevation at the east
property line. Mr. Dorsey has requested the elevation be dropped, since this is the high point of
his property and will more than likely be a cut area. Since Mills Drive is to be construction on a
future phase of The Preserve at Bluff Creek, Ryland is in agreement that it could have a lower
elevation. The new elevation would be set when construction plans come in for this future phase.
Ryland will continue to work with City Staff on the above details. Please call me at (952) 229-
6007 if you have any questions.
Sincerely,
Mark Sonstegard
Land Development Manager
Ryland Homes
CC: Mr. Rick Dorsey
Kate Aanenson, City Community Development Director
Alyson Fauske, City Assistant Engineer
B1L1
9,000 sf
0.207 ac
B1L
7,200 sf
0.165 ac
B11-3
7,265 sf
0.167 ac
B1 L4
8,129 sf
0.187 ac
811-5
13,432 sf
0.308 ac
B1 L6
6,375 sf
0.146 ac
61 L7
6,468 sf
0.148 ac
B1 L8
6,480 sf
0.149 ac
B1L9
7,725 sf
0.177 ac
BIL10
12,502 sf
0.287 ac
B1L11
10,829 sf
0.249 ac
B11-12
10,739 sf
0.247 ac
B11-13
8,756 sf
0.201 ac
B11-14
8,521 sf
0.196 ac
811-15
8,839 sf
0.203 ac
B11-16
9,331 sf
0.214 ac
B21-1
7,637 sf
0.175 ac
B21-2
7,637 sf
0.175 ac
B21-3
7,704 sf
0.177 ac
621-4
7,925 sf
0.182 ac
B21-5
7,452 sf
0.171 ac
B2L6
8,770 sf
0.201 ac
B31-1
7,761 sf
0.178 ac
B31-2
7,273 sf
0.167 ac
BK3
7,105 sf
0.163 ac
B31-4
7,500 sf
0.172 ac
CITY OF CHANHASSEN
RECEIVED
JUN 0 5 2006
CHANHASSEN PLANNING DEPT
SCANNED
B3L5
8,099
sf
0.186
ac
B3L6
7,514
sf
0.173
ac
B3L7
7,871
sf
0.181
ac
B3L8
7,871
sf
0.181
ac
B3L9
7,871
sf
0.181
ac
BX10
7,871
sf
0.181
ac
BX11
7,871
sf
0.181
ac
B3L12
7,871
sf
0.181
ac
BX13
7,341
sf
0.169
ac
B4L1
7,502
sf
0.172
ac
B4L2
7,569
sf
0.174
ac
B4L3
7,569
sf
0.174
ac
B4L4
7,569
sf
0.174
ac
B4L5
7,569
sf
0.174
ac
B4L6
7,578
sf
0.174
ac
B4L7
7,579
sf
0.174
ac
B5L1
7,832
sf
0.18
ac
B5L2
6,600
sf
0.152
ac
B5L3
6,600
sf
0.152
ac
B5L4
6,600
sf
0.152
ac
B5L5
6,050
sf
0.139
ac
B5L6
8,676
sf
0.199
ac
B5L7
9,917
sf
0.228
ac
B5L8
6,600
sf
0.152
ac
B5L9
6,600
sf
0.152
ac
B5L10
7,150
sf
0.164
ac
M
SCANNED
B5L11
8,955 sf
0.206 ac
OUTLOTA 2,309,195 sf
50.01 ac
OUTLOTB
396,766 sf
9.11 ac
OUTLOTC
32,766 sf
0.75 ac
OUTLOTB
26,532 sf
0.61 ac
SCANNED
THE PRESER VE A T BL UFF CREEK
1ST ADDITION
10" ALL AEN BY FHESE PRESENTS chat the Ryland Croup, Inc, o Maryland Corporation, fee owner of the fal/ow/ng described property aMARMSSM ANWSOTA
eifuated in Ne County of Carvel State of Minnesota, to wif, this plat of THE PRESERVE AT BLUES CREEIK IST ADD1170M war op w waf ond accepted by the City Council of Chonhassan, Minnesota,
of a regular meeting thereof held this day of 20 - and is m carnplbnce with the PrO"Ons of
Minnesota Statufes, Section 505.03. Subd. 2. All monuments rod/ be set as specified by the CRY Council and m stated this plat,
MO East Half of the Southeast Qrartw of Section 22, Township 116, Range 2J According to the US Gowmment Survey thereof, Carver according to Minnesota Statute; Section 50502, Subd. 1.
County, Minnesota.
Abstract.
Haw caused the some to be sureyed and platted as, THE PRESERVE AT BLUFF CREEK IST A00IRON and do hereby donate and dedicate to the
Public Far public use forever the lanes, driws, chiles, way, pass and also dedicates the easements Tor drainage and utility purposes as shown
on Ne plat.
In withers whereof said the Ryond Group, Ina, a Maryland Corporation, hos coused these presents to be signed by
its Proper Officer this day of 200
TM Ryall &OLF6 kw -
WOMB Sonfiai, We Resident
STALE OF W#A!SOTA
COWTY Ge
Me foregoing hstmmont woe acknowledged before me this _ day of 200 by
Wayne Scotian, Vice president on behalf of the Ryall Group, inc, o Morytmd Corpohation.
By
Notary Public County, Mhnesota
My Comm/.sial Espkes
l hereby certify that I haw surveyed and plotted the property described on this plat as BI£ PRESERVE AT BLUFF CREEK IST ADO/RON,, that
this plat is a correct rs resentotion of the survey, that all distances are correctly shown an the plat In Test and hundredths of a Toot' that
all monuments will be correctly placed in the ground as shown, h accordonro to Minnesota Statutes, Section 50502, Subd I; that the outside
boundary /'nes are correctly designated on the plot, and that there are no wetlands as defined in Minnesota Statutes, Section 5OS02. Subd i
or public highways to be deslgnofed other than as shown.
Craig W. Mase, Land 9n ejw
Mhtesota L)c. N. 23021
STATE OF 1WIE3UrA
COLhW OF
The fnegahg Survmyw's Certificate ars acknowledged before me this _ day of 2Q_ by Craig W. Morse,
Land Surwyor, Minnesota License No. 13021.
By
Notary Publlc, County, Minnesota
My Commission Expires
By
OTY COLNC4 OF CHAAF ASSi1C 1/JIESOTA
By
Clerk
COUNTY SLWW?YCW, Corner County, Minnesota
Pursuant to Chapter J95 Minnesota Laws of I977, this plat hos been approved this day o/ 2C--
BY
C_
By
John E Ereemyw. Garter COuntY Surveyor
COUNTY AMY= Corner County, Minnmota
/ hereby certify Mat the bees payable i, and prior ye ors haw been paid far land desmbed on this plat.
Dated thie _ any of . 20
Mark Lundgren, Carver County Audifor
COLWTY RECORDER,, Cann, County, Minnesota
I hereby certify that this plat of ME PRESERVE AT BLUFF CREEK IST AOD/RCW was hied Nis _ day of
20 at _ o'clocil _.M. os Document No.
Carl W. Harem J., Casty County Recvdw
Westwood
Professional Services, Inc.
Sheet,I of J sheets _
SCANNED
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THE PRESERVE AT BLUFF CREEK I C"R. DOc NO
.. n. ii •� C� ii7Sierr 1/y SEv. �''. T. r 113, R. 2.:
I I
I I
I I
I I M. wt Ine of Ra Eoet Haff of Me S.Meost Quarter of
I I Seotlon 22, TornshIp 116, Runge 2E Caw County.
I I Mkln.ta, is assumed to boor S01e08107V
I I I
0 Denotes 1/2 hM by 11 hM Aron monument
set and marked by Lkense N. 23021
• Denotes 1/2 kM by 14 fndr iron monument
found and morked by Lkense N. 23021
unless othenrke k/dketed.
No monument symbd shorn of any etotute
required locotkn indkotss a plot monument
Mot rdl be set, and rhfah andl be k Platt
on ar before Me 15M day of .uly, 2007.
1ST ADDITION
I
E"ST [INE ar W —
E 112 Or THE SE.
1/e SFC 22
Irl J1 1/'f CM 2�, ,. r �S R.
29.71
Id :w _
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THE PRESER VE A T BL UFF CREEK 1S T ADD/TION
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r�D•av]' A �\ ' ,�.WoY / \``te JI = ------ ------
42,
-_-- de, 2 i $ (No Scale)
/}aa,� G�Mi,_ 1 `7 Being 5 feet In width, unless otherwise indicated•
Q '$ / / el •N'1r'•- * ] r� r 18h and adWnOg lot lines, and 10 feet in width and
{0.04A Y `�.'�� �` J/��` JI �A adpining right-o%woY lines as shown a,, the plat.
7 -
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Dr p^
v awl 1 wt'Virg`1a�`��Ork,/ / :su•1cs1v
I 1 al 1 81 me west fine o/ the East Half o/ the SMhmst aorte, o/
11 �� I 2 A' I it I l r� ar 7”. M nesotc, is aseumed ito bear mi°a'0� county.
L+\`` -11
I 1 g1 I 8 NII of Ir`
re J < NII PI I I I el I ?" � s'' 0 Denotes 1/2 fnch by 14 mM kon monument
t''O'1 —roto set and marked by Gkense N. 23021
li I 1 e I s`Pei $ I y I • Denotes 1/2 rnca by 14 kah iron monument
���J I 4 • I al 1 4�d- �I Igg I found and marked by License N. 23021
�. `�� I ZI De �w1 143 unless oth"Iso, kdkoted.
< 11 I I I Na monument s, it d shown l any statute
that w#1 / e wt. at ivtic a plat monument
60 0 60 120 160 I 1 N that w➢I be set, and which shall be k place
I sa oe be{ore the 15th day of AJY, 200L Westwood
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PID# 250221400
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Copytig ht ® 2006, Garret umsnyty, Mirveamta
Legend Parcel Information
Raaf Ted property Address: Taxpayer Information:
05 rsylnnys 1630 LYMAN BLVD GAYLE O & LOIS 1 DEGLER
CHANHASSEN, MN TRUSTEES OF TRUSTS
In hgh ys 1630 LYMAN BLVD
N CSM CHANHASSEN , MN 55317
C01my Rwaa[Parcel Properties
takes Tax Acres: 80 Residential Year Bull(: 1988
Nmfl' Homestead: Y Residential Footprint Sq Ft 1200
Cn«tool
Schoal District: 0112
Parcel Location
Section: 22
Township: 116
Range: 023
ayable Year 2006 Last Sale Information
at Sale NOT ON FILE
rEt:
arket Value Land: $4085900
arket Value Building: 5286200
Map Created: 3-21-2006 arket Value Total: 54372100
CARVER COUNTY GIS DISCLAIMER: This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation
of information and data from various City, County, State, and Federal of5ccs. This map is not a surveyed or legally recorded map and is intended to be
used as a reference. Carver County is not responsible for my inaccuracies contained herein.
Date: March 21, 2006
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
(952)227-1100
To: Development Plan Referral Agencies
From: Planning Department By: Kate Aanenson, Community Development Director
Subject: Request for Rezoning from A2 to PUD -R; Subdivision of approximately 80 acres into 156 single-
family lots; Site Plan Review; Conditional Use Permit for development within the Bluff Creek
Overlay District; Wetland Alteration Permit for crossing Bluff Creek; and Variances on property
located at 1630 Lyman Boulevard — THE PRESERVE.
Planning Case: 06-14
The above described application for approval of a land development proposal was filed with the Chanhassen Planning
Department on March 17, 2006. The 60 -day review period ends May 16, 2006.
In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would
appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and
proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites,
street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written
report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City
Council.
This application is scheduled for consideration by the Chanhassen Planning Commission on April 18, 2006 at 7:00 p.m. in
the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than April 7,
2006. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is
greatly appreciated.
1. City Departments:
a.
City Engineer
b.
City Attorney
c.
City Park Director
it.
Fire Marshal
e.
Building Official
E
Water Resources Coordinator
g.
Forester
2. Carver Soil & Water Conservation District
3. MN Dept. of Transportation
4. MN Dept. of Natural Resources
5. U.S. Army Corps of Engineers
6. U.S. Fish & Wildlife
7. Carver County
a. Engineer
b. Environmental Services
8. Watershed District Engineer
a. Riley -Purgatory -Bluff Creek
b. Lower Minnesota River
c. Minnehaha Creek
9. Telephone Company (Qwest or Sprint/United)
10. Electric Company (Xcel Energy or MN Valley)
11. Mediacom
12. CenterPoint Energy Minnegasco
SCANNED
a(, - Iq
City Council Meeting — June 26, 2006
as the fireworks in the evening to conclude a great celebration. It's a fun event and I would
invite everyone to join me and my family for as many of the activities as they can. It's really a
good reason to stay in town and celebrate our Independence Day with the City of Chanhassen.
CONSENT AGENDA: Councilman Peterson moved, Councilwoman Tjornhom seconded
to approve the following consent agenda items pursuant to the City Manager's
recommendations:
a. Approval of Minutes:
-City Council Work Session Minutes dated June 12, 2006
-City Council Verbatim & Summary Minutes dated June 12, 2006
Receive Commission Minutes:
-Planning Commission Verbatim & Summary Minutes dated June 6, 2006
-Park and Recreation Commission Verbatim & Summary Minutes dated May 23, 2006
b. Resolution #2006-45: Infiltration/Inflow, PW254B: Approve Plans & Specifications;
Authorize Ad for Bids.
C. The Preserve at Bluff Creek 0 Addition:
1) Final Plat Approval
2) Approve Plans & Specifications and Development Contract
d. TH 212/Project 03-09: Approve Agreement with Zumbro River Constructors for
Grading and Restoration in City Right-of-way.
Stonefield, Project 06-07: Approve Revision to Grading Plan.
g. Stonefield, Project 06-07: Amendment to Development Contract for Storm Sewer
Oversizing Reimbursement.
j. Accept Donation of Statue for City Center Park, Friends of the Chanhassen Library.
k. Approval of Ordinance Amendments to Chapter 18, Subdivisions and Chapter 20, Zoning
Ordinance.
Resolution #2006-46: Tractor, PW016LLL: Authorization to Order Tractor for 2007
Capital Improvement Program.
in. Approval of Ordinance Amending Chapter 10, Licenses, Permits, Business Regulations
(Fireworks).
All voted in favor and the motion carried unanimously with a vote of 3 to 0.
1(i). CITY'S PURCHASING POLICY: APPROVAL OF AMENDMENT AS
RECOMMENDED BY CITY AUDITORS.
2
scrwMo
Administration
May 12, 2006
CITY OF
formal approvals from FEMA, the proposed lots that are within the current
CHANHASSEN
Dan Cook
Web Site
The Pemtom Land Company
7700 Markel Boulevard
7697 Anagram Drive
PO Boz 147
Chanfessen, MN 55317
Eden prairie, MN 55345
Administration
Re: The Preserve — Planning Case 06-14
Phone: 952.227.1 10D
formal approvals from FEMA, the proposed lots that are within the current
Fax: 952.227.1110
floodplain may be preliminary platted subject to FEMA approval of the
Web Site
Dear Mr. Cook:
Building inspections
Phone: 952.227.1160
Fax: 952.227.1190
On Monday, May 8, 2006 the Chanhassen City Council approved the rezoning of
the land within the plat for "The Preserve" from Agricultural Estate District, A2, to
Engineering
Planned Unit Development -Residential, PUD -R; approval of a conditional use
Phone: 952,227.1160
permit to permit development within the Bluff Creek Overlay District and alterations
Fax: 952.221.1170
within the flood plain; and approval of the preliminary plat for "Ibe Preserve"
Finance
creating 155 lots, 15 outlots and right-of-way for public streets, plans prepared by
Phone: 952.227.1140
Westwood Professional Services, Inc., dated March 17, 2006, subject to the
Fax 952227.1110
following conditions:
Park & Recreation
Phone: 952227.1120
1. The drainage and utility easement over the northern portion of Lift Station #24
Fax: 952.227.1110
must be vacated and filed upon final approval of the final plat.
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
2. The "Existing Conditions" plan must be revised to show the drainage and
Far 952227.1404
utility easement that was granted to the City and contain trunk sanitary sewer
Planning &
and watermain.
Natural Resources
Phone: 952.227.1130
3. Prior to City Council consideration of the final plat, the applicant must
Fax: 952.227.1110
provide documentation indicating that the proposed right-of-way for Lyman
Public Works
Boulevard meets Carver County's requirement.
1591 Park Road
Phone: 952.227.1300
4. The grading plan must identify the existing and proposed 100 -year floodplain.
Fax 952.227.1310
Senior center
5. Due to the anticipated timing of the final plat with respect to the timing of
Phone: 952.227.1125
formal approvals from FEMA, the proposed lots that are within the current
Fax:952.227.1110
floodplain may be preliminary platted subject to FEMA approval of the
Web Site
LOMR.
www.ci.chantnssen.mn.us
6. Any grading within the floodplain will require a Conditional Use Permit.
7. Catch basins on each side of all public streets must be no more than 300 feet
apart.
8. The proposed outlet for Wetland A must lie along the edge of the wetland.
tlrnso M
The City of Chanhassen 9 A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A l eat place to live, work, and play.
Mr. Dan Cook
May 12, 2006
Page 2 of 6
9. The storm sewer from Pond 1 must outlet to the wetland north of Pond 2 in order to maintain
hydrology to the wetland.
10. Storm sewer within Street J must be rerouted through the side yards within Block 3 and
outlet to Pond 2.
11. Hydraulic calculations must be submitted with the final plat submittals.
12. The legend on the final grading plan must identify the lowest floor elevation.
13. All buildings must be demolished before the second phase.
14. The final grading plan must show the top and bottom of wall elevations.
15. Any retaining wall four feet high or taller requires a building permit and must be designed by
an Engineer registered in the State of Minnesota.
16. The developer must work with staff to find the preferred sanitary sewer alignment west of
Block 3 prior to City Council consideration of the final plat.
17. The plan must be revised to show an 18 -inch diameter watermain on the south side of Lyman
Boulevard to the east property line.
18. The developer's engineer must submit a separate cost estimate for the watermain oversizing
along Lyman Boulevard with the final plat submittals.
19. To the maximum extent practicable, the trail along the east side of Bluff Creek must be
within close proximity of the manholes for the existing trunk sanitary sewer.
20. The lowest floor elevation of each unit must be shown on the utility plan.
21. The existing well and septic system must be properly removed and abandoned during site
grading and utility installation.
22. The developer must pay $15,776 in cash with the final plat for the pro -rated cost for the
preparation of the 2005 MUSA AUAR.
23. The outstanding assessments — $310,999.03 for 2005 MUSA roads and water, and
$162,976.08 for Highway 101/Lyman Boulevard/1lighway 312/1-lighway 212 must be paid
with the final plat or reassessed to the lots and outlots for future development.
24. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are
collected with the building permit and are based on the rates in effect at the time of building
permit application. The party applying for the building permit is responsible for payment of
these fees.
4MuuOS
Mr. Dan Cook
May 12, 2006
Page 3 of 6
25. The City will construct Bluff Creek Boulevard Improvements to serve the development in
conjunction with public improvement project No. 06-05. The property within the plat will be
specially assessed for this project.
26. The development is subject to the arterial collector fee, which must be paid in cash with the
final plat.
27. Streets F and K must extend past Lot 6, Block 13 and Lot 1, Block 17, respectively to
provide adequate space for a vehicle to back out of the driveway and tum into the street.
28. Curbs on public streets will be high -back; curbs on private streets will be surmountable.
29. The sidewalk along the north side of Street H between Street A and Street I, and along the
north side of Street E must be eliminated.
30. Sidewalks adjacent to private streets and within privately owned outlots can be used by the
public.
31. The applicant will work with staff to discuss eliminating Lots 1 and 2, Block 11, and Lots 1
through 5, Block 1.
32. The applicant shall revise the plan design to ensure adequate hydrology for Wetland 4 in the
post -development condition.
33. If the applicant wishes to pursue an exemption for impact to Wetland A, the applicant shall
furnish information to substantiate the exemption request. The applicant is advised that, even
if impacts would be exempt from WCA, they may not be exempt from the requirements of
the Army Corps of Engineers.
34. A wetland buffer with a minimum width of 16.5 feet shall be maintained around all wetlands
and wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in
accordance with the City's wetland ordinance. The applicant shall install wedand buffer edge
signs, under the direction of City staff, before construction begins and shall pay the City $20 per
sign. All structures shall maintain a setback of at least 40 feet from the wetland buffer edge.
35. All structures shall maintain a 50 -foot setback from the ordinary high water level of Bluff
Creek. All structures shall maintain a minimum 40 -foot setback from the primary corridor.
No alterations shall occur within the primary corridor or within the first 20 feet of the setback
from the primary corridor. The 50 -foot setback, primary corridor boundary, 40 -foot structure
setback and 20 -foot grading setback shall be shown on the plans.
36. The applicant shall provide details for the proposed trail crossing of Bluff Creek. Minnesota
Department of Natural Resources (DNR) permits shall be obtained for all creek crossings. In
addition, the trail alignment shall be revised to cross Bluff Creek in the same location as the
sanitary sewer crossing. Immediately south of the creek crossing, the trail intersection shall
be redesigned to avoid impact to the trees.
Mr. Dan Cook
May 12, 2006
Page 4 of 6
37. The plans shall be revised to provide a lower EOF for Wetland A and a path to the west for
excess water that will not threaten proposed structures.
38. The EOF path for Pond 1 shall be revised to provide a more direct EOF route from Pond 1 to
Wetland 4.
39. The proposed sanitary sewer and storm sewer outlet in the vicinity of Pond 2 shall be revised
to ensure: 1. The runoff from the outlet will not compromise the integrity of the sanitary
sewer; and 2. The sanitary sewer is not located below the normal water level (NWQ of Pond
2.
40. The outfall from Pond 3 shall not outlet upslope of the proposed trail.
41. The applicant shall clarify the avoidance of the drainage way to be preserved during the
construction of Pond 4 and, if possible, redesign the pond to provide additional storage and
treatment in lieu of avoiding the drainage way.
42. Pond 5 shall be constructed prior to the construction of all the areas that drain to it.
43. Drainage and utility easements (minimum 20 feet in width) shall be provided over all
existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds.
44. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the following table of slopes and time frames:
TyM of Sloe
Time (Maximum time an area can
Steeper than 3:1
7 days remain open when the area
10:1 to 3:1
14 days is not actively being worked.)
Flatter than 10:1
21 days
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.
45. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as -needed.
46. The applicant shall be proactive in addressing potential run-on problems in the vicinity of the
extreme southeast corner of the property. This would potentially involve vertically tracking
equipment up and down the graded faces of the slope to increase roughness and prevent tilling.
Similar practices shall be used behind the homes along the central part of Outlot A.
47. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $242,760.
Mr. Dan Cook
May 12, 2006
Page 5 of 6
48. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES
Phase U Construction Site Permit), Minnesota Department of Natural Resources (for
dewatering), Arany Corps of Engineers, Minnesota Department of Transportation, Minnesota
Department of Health) and comply with their conditions of approval.
49. The applicant shall demonstrate that the outlet pipe installation and elevation will not impact
the wetland.
50. If recommended by the Park and Recreation Commission, park fees shall be paid as per City
ordinance at the rate of final platting.
51. Tree protection fencing shall be installed prior to construction around all areas designated for
preservation and/or at the edge of proposed grading limits.
52. A walk-through inspection of the silt/tree preservation fence shall be required prior to
construction.
53. No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off.
54. A turf plan shall be submitted to the City indicating the location of sod and seeding areas.
55. Buffer plantings shall be installed along the east property line in the rear yards of Lots 7
through 16, Block 3 and Lots 1 through 5, Block 10.
56. Applicant shall remove Emerald Queen Norway maple from the planting schedule. The
applicant shall substitute another species with approval from the City.
57. A conservation easement shall be recorded over Outlot A.
58. The developer shall work with staff to develop and install appropriate markers at lot lines to
demarcate the primary zone.
59. The applicant shall submit a plan for the revegetation of any areas of grading within Outlot
A. The plan shall incorporate native plants and be consistent with the City's Bluff Creek
Natural Resources Management Plan Appendix C. Special attention should be paid to areas
with steep slopes (greater than 3:1). Staff recommends that the Hill Prairie planting list be
used for the restoration.
60. The applicant shall provide all design, engineering, construction and testing services required
of the `Bluff Creek Trail." All construction documents shall be delivered to the Park and
Recreation Director and City Engineer for approval prior to the initiation of each phase of
construction. The trail shall be 10 feet in width, surfaced with bituminous material and
constructed to meet all city specifications. The applicant shall be reimbursed for the actual
cost of construction materials for the Bluff Creek Trail. This reimbursement payment shall be
Mr. Dan Cook
May 12, 2006
Page 6 of 6
made upon completion and acceptance of the trail and receipt of an invoice documenting the
actual costs for the construction materials utilized in its construction.
61. Outlots A, B, L and N be conveyed to the city as public property by warranty deed.
62. The following items are to be addressed at final plat:
• Attention to garage door facades including n percent of doors with windows
• Color palate (4 minimum)
• Private streets and sidewalks,
• Percentage of future boilable area,
• Setbacks on corner lots
• Turnarounds at the end of private streets.
Attached are the requirements for final plat. Please feel free to call me at 952-227-1139 if you
have any questions.
Sincerely,
Kathryn R. Aanenson, AICP
Community Development Director
Enc.
c: Gayle & Lois Degler
gAplaa\2006 planning cases\06-14 the preserve\pmmliminary approval ItrAw
CITY OF CHANHASSEN
ITEMS REQUIRED FOR FINAL PLAT CONSIDERATION
The following items are required to be submitted a minimum of three (3) weeks prior to City
Council meeting and payment of a $250.00 final plat review fee:
Submit three (3) sets of full size construction plans and specifications for staff review and
redline.
• Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water
and storm sewer lines). The plan view must show all drainage and utility easements.
• Grading and drainage plans shall show dwelling type and elevations, wetlands and
wetland buffer areas, stormwater pond NWL and HWL, EOF and catch basin and
storm manhole numbers.
• The construction plans and specifications shall be in accordance to the City's latest
edition of Standard Specifications & Detail Plates.
• The plans shall include traffic signage and street light placement.
2. Drainage calculations for water quantity and quality ponding with maps showing drainage
areas for pre -and post -development conditions and contributing areas to catch basins.
3. Hydraulic calculations and drainage map for the storm sewer design.
4. Tree Preservation Easements (if applicable).
5. Trail Easements (if applicable).
6. Engineer's Cost Estimate of Public Improvements:
a. Sanitary sewer system.
b. Water system.
c. Storm sewer drainage system including cleaning and maintenance.
d. Streets, sidewalk and trails.
e. Erosion control.
f. Site restoration (seeding, sodding, etc.).
g. Site grading
h. Street lights & signs
i. Engineering, surveying & inspection
j. Landscaping
7. Five (5) sets (folded) of final plat, one (1) set of reductions (8'/z" x 11"), and a digital copy
in .tif format.
8. Digital copy of the legal description of the property in a .doc or .pdf compatible format.
9. Lot tabulations
10. 1" = 200' scale paper or mylar reduction of the final plat with just street names and Lot
and Block numbers.
1 I. Legal description of the property/properties to be platted.
Failure to provide any of the above items by the required deadline will result in delaying
consideration of final plat before the City Council.
Updated 02-03-06
Odocumenls and settings\kimmVocal settings\temporary internet files\o1Mb\final plat subnnittal.doc