CC Staff Report PC DATE: October 5, 2021
CC DATE: October 24, 2022
CITY OF CHANHASSEN
REVIEW DEADLINE:
CASE #: 2021-22
BY: Kate Aanenson, Eric Hendrickson, Jill
Sinclair, Joe Seidel
SUMMARY OF REQUEST: The applicant is requesting final plat approval.
LOCATION: South of Lyman Boulevard and west of Powers Boulevard
APPLICANT: Level 7 Development LLC
4600 Kings Point Road
Minnetrista, MN 55331
PRESENT ZONING: Planned Unit Development (PUD) RC
2040 LAND USE PLAN: RC Commercial and Office
ACREAGE: 10.5 acres net and 38.86 total gross acres
Level of City Discretion in Decision-Making:
The City’s discretion in approving or denying a Final Plat is limited to whether the proposed
plat meets the standards outlined in the Subdivision Regulations and PUD-RC Ordinance. If it
meets these standards, the City must approve the final plat.
PROPOSAL/SUMMARY
Subdivision of 40+ acres into 39 lots and 6 outlots in Outlot C and part of Outlot F.
APPLICABLE REGULATIONS
Chapter 18, Subdivisions
PUD-RC Ordinance 696.
BACKGROUND
The Avienda Development PUD was approved in 2020. The PUD was amended 2021 and given
final plat for 6 out lots and right of way for Bluff Creek Boulevard, Avienda Parkway and Sunset
Trai. The PUD was amended again in 2022. The first phase of the project is the townhomes.
PROPOSED MOTION:
"Staff recommends approval of the Subdivision of 40+ acres into 39 lots and 6 outlots, Avienda
Townhomes, Development Contract with plans prepared by Landform dated September 30, 2022,
subject to the attached conditions and adopts the attached Recommendations."
Avienda Townhomes Final Plat Approval
October 24, 2022
Page 2
EXISTING CONDITIONS
The site has been graded to prepare for development. All areas for preservation Outlot A and E
have been deeded to the City.
SUBDIVISION REVIEW
The applicant is requesting subdivision into 39 lots and six outlots. The property is part of the
Avienda PUD. The zoning is Regional Commercial. As a part of the PUD, the property was
given a density of 3-6 units per acre. This residential use was given to provide a transition from
the residential zoning to the west and transition to higher density to the east.
Avienda Townhomes Final Plat Approval
October 24, 2022
Page 3
FINAL PLAT
Avienda Townhomes Final Plat Approval
October 24, 2022
Page 4
Avienda Townhomes Plat Areas
Permitted Uses: Housing
Based on the Revised PUD in September 2022 the maximum number and type of units are:
a. 39 Town Homes
b. 53 Row homes
c. Senior housing independent living and (assisted not to exceed 200 unit of 2 building
at 150 units).
d. 417 Apartments
Setbacks
Front yard = 5 ft.
Rear = 5 ft.
Side = 5 ft.
Outlot A – 66,747 Sf. – 1.53 Ac.
Outlot B – 32,254 Sf. – 0.74 Ac
Outlot C – 153,289 Sf. – 3.52 Ac.
Outlot D – 212,604 Sf. – 4.88 Ac.
Outlot E – 992,133 Sf. – 22.78 Ac.
Outlot F – 70,451 Sf. – 1.62 Ac.
Block 1
Lot 1 – 4,533 Sf. – 0.10 Ac.
Lot 2 – 4,840 Sf. – 0.11 Ac.
Lot 3 – 4,840 Sf. – 0.11 Ac.
Lot 4 – 4,840 Sf. – 0.11 Ac.
Lot 5 – 4,840 Sf. – 0.11 Ac.
Block 2
Lot 1 – 4,835 Sf. – 0.11 Ac.
Lot 2 – 4,840 Sf. – 0.11 Ac.
Lot 3 – 4,773 Sf. – 0.11 Ac.
Block 3
Lot 1 – 4,551 S.f. – 0.10 Ac.
Lot 2 – 4,840 Sf. – 0.11 Ac.
Lot 3 – 4,840 Sf. – 0.11 Ac.
Lot 4 – 4,840 Sf. – 0.11 Ac.
Lot 5 – 4,840 Sf. – 0.11 Ac.
Lot 6 – 4,840 Sf. – 0.11 Ac.
Lot 7 – 4,840 Sf. – 0.11 Ac.
Block 4
Lot 1 – 4,692 Sf. – 0.11 Ac.
Lot 2 – 5,218 Sf. – 0.12 Ac.
Lot 3 – 5,323 Sf. – 0.12 Ac.
Lot 4 – 5,707 Sf. – 0.13 Ac.
Lot 5 – 5,218 Sf. – 0.12 Ac.
Block 5
Lot 1 – 4,840 Sf. – 0.11 Ac.
Lot 2 – 4,840 Sf. – 0.11 Ac.
Lot 3 – 4,840 Sf. – 0.11 Ac.
Lot 4 – 4,840 Sf. – 0.11 Ac.
Lot 5 – 4,840 Sf. – 0.11 Ac.
Lot 6 – 4,840 Sf. – 0.11 Ac.
Lot 7 – 4,840 Sf. – 0.11 Ac.
Lot 8 – 4,840 Sf. – 0.11 Ac.
Lot 9 – 4,840 Sf. – 0.11 Ac.
Lot 10 – 4,840 Sf. – 0.11 Ac.
Lot 11 – 4,840 Sf. – 0.11 Ac.
Block 6
Lot 1 – 6,101 S.f. – 0.14 Ac.
Lot 2 – 6,274 S.f. – 0.14 Ac.
Lot 3 – 6,166 S.f. – 0.14 Ac.
Lot 4 – 5,763 S.f. – 0.13 Ac.
Lot 5 – 5,763 S.f. – 0.13 Ac.
Lot 6 – 6,461 S.f. – 0.15 Ac.
Lot 7 – 6,496 S.f. – 0.15 Ac.
Lot 8 – 5,763 S.f. – 0.13 Ac.
Perimeter setback
PUD exterior = 30 ft.
Bluff Creek = 40 ft.
Residential = 30 ft.
Avienda Townhomes Final Plat Approval
October 24, 2022
Page 5
EASEMENTS
The applicant is proposing adequate drainage and utility easements (DUE) as well as public
right-of-way (ROW) in accordance with city ordinances. The applicant has provided a 60-foot
ROW and a 10-foot-wide DUE corridor abutting the public ROW. This corridor is provided by
the applicant through the use of outlots which are proposed in all areas not necessary to construct
villa homes. This includes areas where public utilities, private streets, and green space are
located. These outlots (Outlot A, B, C and F) are encumbered by DUE, which is a typical
practice for this type of development.
EXISTING CONDITIONS SURVEY
The proposed subdivision is within the Planned Unit Development (PUD) known as Avienda.
Avienda received final plat approval on July 12, 2021. Avienda’s final plat was for multiple
outlots and public right-of-ways. The proposed subdivision is a replat of Outlots A and C from
the initial Avienda final plat. The majority of the Avienda site has been mass graded in
accordance with the grading permit issued June 4, 2021 and public utilities installed in
accordance with the Development Contract approved July 12, 2021.
The proposed subdivision will consist of a total of three Outlots (B, C and F) along with 39
parcels to facilitate villa homes and associated green space and private streets.
GRADING & DRAINAGE
A grading permit for the mass grading associated with the Avienda final plat was issued on June
4, 2021. The majority of the site has been graded to achieve the elevations necessary for public
street and utility build-out along with ultimate build-out of the individual parcels. The grading
plans associated with the Avienda grading permit are similar to the final plat grading plans dated
September 30, 2022 for the Avienda Townhomes. The grading plans for Avienda Townhomes
generally meet City Ordinances; driveway grades are greater than 0.5% and less than 10%;
public streets are less than 7% and private streets are less than 10%; lots are graded to drain away
from buildings; etc.
EROSION PREVENTION AND SEDIMENT CONTROL
The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject
to the General Permit Authorization to Discharge Stormwater Associated with Construction
Activity under the National Pollution Discharge Elimination/State Disposal System (NPDES
Construction Permit). The applicant has prepared and submitted a Surface Water Pollution
Prevention Plan (SWPPP) in association with the Avienda Townhomes phase of construction.
This SWPPP shall be a standalone document consistent with the NPDES Construction Permit
and shall contain all required elements. The SWPPP will need to be updated as the plans are
finalized, when the contractor and their sub-contractors are identified, and as other conditions
change. Additionally, an Erosion and Sediment Control Plan (ESCP) in accordance with City
Ordinances shall be submitted for the grading operations of the subdivision as more than 5,000
square feet of land is being disturbed. The applicant has provided an ESCP, that generally meets
the requirements listed under Sec. 19-145. Staff has included comments in the ESCP to be
addresses prior to recording the final plat.
Avienda Townhomes Final Plat Approval
October 24, 2022
Page 6
RETAINING WALLS
There is an existing retaining wall adjacent to the proposed subdivision within the Preserve at
Bluff Creek subdivision, east of Block 1 Lots 3-7. While the area is not within the proposed
subdivision, there has been interest raised by the neighborhood regarding grading associated with
this area. The applicant set up a neighborhood meeting with the neighborhood which was
scheduled for October 4, 2021, to address any questions and concerns associated with grading in
the area. Staff recommends continually communication by the applicant with the abutting
neighbors in an effort to work together to mitigate any concerns.
STREETS
The applicant is proposing the extension of a public street, Mills Drive, along with the
construction of two private streets, as illustrated below:
The street designs shown in the construction plans are feasible and can be constructed in
accordance with City Ordinance. All newly constructed public streets will be publicly owned and
maintained after acceptance of the public improvements by the City Council. The applicant has
provided typical street sections for both the public and private streets that meet the City of
Chanhassen’s Standard Specifications (Standards). It is being proposed that the private streets
are constructed to a width of 28 feet which will allow for parking on one side of the street,
however no sidewalks are proposed along the private streets. Staff recommends a pedestrian
access route, such as sidewalks, be further evaluated in order to provide a more safe and
accessible route for the future residents of the subdivision. With the ultimate build-out of
Avienda incorporating commercial and recreational amenities it is anticipated that residents will
walk throughout the development.
Avienda Townhomes Final Plat Approval
October 24, 2022
Page 7
SANITARY SEWER AND WATERMAIN
The applicant is proposing the construction of 8” PVC mains for the sanitary sewer and water
needs of the subdivision. The applicant and their engineer have been working with staff to
ensure the sanitary sewer and water main alignments, and their associated structures and
appurtenances, are designed and constructed to allow for the proper maintenance and future
rehabilitation of the public systems and are in conformance with Standards. The final
construction plans must be approved prior to recording of final plat. All sanitary sewer and water
mains will be publicly owned and maintained after acceptance of the public improvements by the
City Council. The City will provide the applicant’s engineers the appropriate nomenclature for
sanitary sewer manholes to be incorporated in the final plan set.
STROM WATER MANAGEMENT
Article VII, Chapter 19 of City Code describes the required storm water management
development standards. Section 19-141 states that “these development standards shall be
reflected in plans prepared by developers and/or project proposers in the design and layout of site
plans, subdivisions and water management features.”
Riley Purgatory Bluff Creek Watershed District (RPBCWD) approved a permit for Phase 1,
which included the mass grading of the Avienda development and the construction of streets,
trails and utilities within Bluff Creek Boulevard, Avienda Parkway and Sunset Trail, and Phase
2, Avienda Townhomes, on July 12, 2022. Phase 1 and Phase 2 of the Avienda development
were shown to be in compliance with or received variances for floodplain management and
drainage alterations, erosion control, wetland and creek buffers, and stormwater management
under the RPBCWD permit. Since the site was permitted for both Phases 1 and 2, the additional
information below includes sizing and design requirements for both phases.
A total of 12.22 acres of impervious were planned for Phases 1 and 2 (4.0 acres planned within
the Avienda Townhomes site); 1.6 acres of impervious are sidewalks and trails, which were
exempt under RPBCWD rules. The site was ruled a restricted site based on soil borings and
onsite infiltration testing showing low infiltration feasibility. The site is meeting the RPBCWD
abstraction requirements of 0.55 inches of runoff from the regulated impervious through onsite
rainwater harvest and reuse. The reuse system is intended to irrigate both the properties within
the Avienda Townhomes site and the greenspace along the boulevards of Bluff Creek Boulevard,
Avienda Parkway and Sunset Trail. Additional information on the stormwater reuse and
irrigation should be provided prior to approval of the Avienda Townhomes development. This
should include a water balance to confirm there is enough water supply in the identified source
best management practices (BMPs) for the proposed irrigation demand. Additionally,
information on the main components of the irrigation system (pump location, irrigation main
line, etc.) should be included for review.
MIDS modeling was provided to demonstrate water quality treatment exceeding 60% total
phosphorus removal and 90% total suspended solids removal. In additional to the stormwater
reuse, a series of filtration basins, vegetated swales and detention ponds are used in order to meet
water quality requirements. The MIDS modeling provided shows the following pollutant
removal efficiencies to the two ultimate discharge points:
Avienda Townhomes Final Plat Approval
October 24, 2022
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TSS Removal
Efficiency
TP Removal
Efficiency
Lake Susan 90.0% 73.2%
Bluff Creek 90.4% 75.9%
Proposed rates are reduced from existing rates for the 2-, 10- and 100-year storm events at all
discharge points from the site. Freeboard requirements are met for all proposed homes with
respect to adjacent BMPs. All emergency overflows need to be added to the grading plans to
confirm adequate freeboard between the proposed homes and the emergency overflows is
provided. The BMPs outside of the City right of way will be privately owned and maintained.
Additional information on the proposed inspection and maintenance of the stormwater
management system will be needed prior to final approval.
Storm Water Infrastructure Design
As noted previously Avienda Townhomes proposed to meet rate and water quality requirements
through the use of above and below ground filtration basins, vegetated swales, detention ponds,
and stormwater reuse. Confirmation of the outlet and bottom elevation of the surface filtration
basin 31P is needed due to the inconsistency between the HydroCAD modeling and the plans
details. Runoff is proposed to be routed to the stormwater basins either through storm sewer or
surface flows. Updated storm sewer sizing calculations representative of the storm sewer in the
plans should be provided to confirm storm sewer is sized for a 10-year storm event. Additionally,
there are multiple locations where water will flow 350-450 feet along the gutter before draining
to a catch basin. Additional inlets shall be added to those locations to reduce gutter flow, or
applicant should include information on potential spread within the roadways to demonstrate
inlet spacing is adequate as proposed. A drainage swale is proposed behind townhomes south of
Bluff Creek Boulevard. The drainage swale conveyance shall be confirmed to be adequate based
on the anticipated flows, as this was swale was not modeled in HydroCAD.
Storm Water Utility Connection Charges
City Ordinance sets out the fees associated with surface water management. A water quality and
water quantity fee are collected with a subdivision. These fees are based on land use type and
are intended to reflect the fact that the more intense the development type, the greater the
degradation of surface water.
This fee will be applied to the new lots of record being created. The fees will be assessed at the
rate in effect at that time; 2022 rates are $15,870.00 per acre for high-density residential:
PER ACRE FEE ACRES FEE
$15,870 40.34 640,195.80$
$15,870 1.53 (24,281.10)$
$15,870 0.74 (11,743.80)$
$15,870 3.52 (55,862.40)$
$15,870 4.88 (77,445.60)$
$15,870 22.78 (361,518.60)$
$15,870 1.62 (25,709.40)$
$15,870 0.72 (11,426.40)$
4.55 72,208.50$
NURP Reduction
(50%)36,104.25$
OUTLOT D
OUTLOT E
AREA
SURFACE WATER
DEVELOPMENT FEE
GROSS AREA
OUTLOT A
OUTLOT B
OUTLOT C
OUTLOT F
MILLS DRIVE ROW
NET AREA
Avienda Townhomes Final Plat Approval
October 24, 2022
Page 9
The SWMP fee on this project is $72,208.50. However, this SWMP fee is to be adjusted down
by 50% based on Code Sect. 18-63 (stormwater design to NURP standards). As such, the net
SWMP fee due at the time of final plat would be $36,104.25.
ASSESSMENTS
Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be
assessed at the rate in effect at that time; 2022 rates for partial hookup fees are $691.00 per unit
for sanitary sewer and $2,562.00 per unit for water. The remaining partial hookups fees are due
with the building permit.
FEES
Based on the proposal the following fees would be collected according to rates in effect for 2022
with the development contract:
a) Administration Fee: if the improvement costs are between $500,000 and $1,000,000, 2%
of the improvement costs. If the improvement costs exceed $1,000,000, 2.5% of the first
$1,000,000 plus 1.5% of the remainder: $21,379.85
b) Surface water management fee: $15,870/acre, or $36,104.25
c) A portion of the water hook-up charge: $2,562/unit, or $99,918.00
d) A portion of the sanitary sewer hook-up charge: $691/unit, or $26,949.00
e) Park dedication fee: $5,800/dwelling, or $226,200.00
f) GIS fees: $100 for the plat plus $30 per parcel, or $1,270.00
g) Street light operating fee for one year: $300 per light, or $1,200.00
LANDSCAPING AND TREE PRESERVATION
The applicant for the Avienda Townhome development did not submit tree canopy coverage and
preservation calculations. They are as follows: Total upland area (excluding wetlands) 10.14
ac. or 441,698 SF
Baseline canopy coverage 0% or 0 SF
Minimum canopy coverage required 20% or 88,339 SF
Proposed tree preservation 0% or 0 SF
The proposed plans do not meet minimum canopy coverage for the site; therefore the applicant
must bring the canopy coverage on site up to the 35% minimum. The difference between the
required coverage and the remaining coverage is multiplied by 1.2 for total area to be replaced.
One tree is valued at 1,089 SF.
Minimum canopy coverage to be replaced 88,339 SF
Multiplied by 1.2 106,007 SF
Divided by 1089=Total number of trees to be planted 97 trees
For the 97 trees required for canopy coverage, 75% of the quantity must be overstory species, no
more than 10% of the total may be of one species, and no more than 20% may be from one
genus. The applicant has submitted a landscaping plan showing more than 97 trees to be planted
Avienda Townhomes Final Plat Approval
October 24, 2022
Page 10
within the development but will need to redistribute the species selection in order to meet Code
requirements for diversity.
Bufferyard requirements - North:
Required plantings Proposed plantings
Bufferyard B – East prop.
line, 880’
17 Overstory trees
35 Understory trees
52 Shrubs
2 Overstory trees
0 Understory trees
175 Shrubs
Bufferyard B – South
prop. line, 350’
7 Overstory trees
14 Understory trees
21 Shrubs
0 Overstory trees
0 Understory trees
0 Shrubs
Bufferyard B – West
prop. line, 960’
19 Overstory trees
38 Understory trees
57 Shrubs
20 Overstory trees
30Understory trees
50 Shrubs
Bufferyard B – North
prop. line, 510’
10 Overstory trees
20 Understory trees
30 Shrubs
0 Overstory trees
0 Understory trees
0 Shrubs
Bufferyard requirements – South:
Required plantings Proposed plantings
Bufferyard B – North
prop. line, 560’
11 Overstory trees
22 Understory trees
33 Shrubs
8 Overstory trees
17 Understory trees
34 Shrubs
Bufferyard C – East prop.
line, 150’
3 Overstory trees
6 Understory trees
10 Shrubs
4 Overstory trees
4 Understory trees
5 Shrubs
Bufferyard B – West
prop. line, 150’
3 Overstory trees
6 Understory trees
9 Shrubs
4 Overstory trees
5 Understory trees
4 Shrubs
The applicant does not meet minimum requirements for bufferyards for either the north or south
townhome areas. Staff recommends that the applicant increase planting quantities to meet
minimum requirements.
The proposed landscaping plan can be revised to meet the minimum standards required by
ordinance. However, the North area of the project has several open areas where a vast expanse
of irrigated lawn is proposed. Within Planned Unit Developments, “landscaping should reflect
higher quality design than is found elsewhere in the community.” Staff recommends that the
applicant apply a higher standard by incorporating landscaping features not currently found
within new developments, such as a pollinator meadow, planted woodland, association
community garden, or other sustainable landscape features that would elevate the design of the
development.
Recommendations:
1. The applicant shall include 97 trees in the overall landscape plan that meet minimum
canopy coverage requirements for size and diversity.
Avienda Townhomes Final Plat Approval
October 24, 2022
Page 11
2. The applicant shall meet minimum bufferyard planting requirements for North and South
townhome areas.
3. The applicant shall install Conservation Easement signage along the south property line
abutting Outlot E. Markers shall be placed at property corners and each deflection point
in the property line.
4. Staff recommends that the applicant apply a higher standard by incorporating landscaping
features not currently found within new developments, such as a pollinator meadow,
planted woodland, association community garden, or other sustainable landscape
features.
PARKS & RECREATION
The quality and number of recreational facilities in a community directly contributes to its
quality of life. For this reason, the City of Chanhassen places a strong emphasis on parks and
open space. As the City of Chanhassen has developed and increased in population, more
pressure and attention has been given to providing recreational opportunities for our
residents. Increased leisure time, health awareness, greater mobility, and high disposable
incomes have all contributed to the increased demand for recreational activities. The challenge
is to provide facilities for a growing and diverse population.
Parks can be defined as public areas that provide active or passive-oriented recreational
facilities. A significant characteristic of parkland is its accessibility to its users. Open space is
any parcel that is not used for buildings or other structures and is left in a natural state. Parks
and open space perform diverse functions such as: meeting physical and psychological needs,
enhancing and protecting the resource base, enhancing real estate values, and providing a
positive impact on economic development.
Parks
The goal of neighborhood parks is to provide informal recreational opportunities close to where
people live. Chanhassen operates under the standard that all residents should be within walking
distance, or a half mile, of a neighborhood park. The PUD is located within the park service area
of Power Hill Park and the Lake Susan and Fox Woods Preserves.
Trails
The City’s goal is to maintain a comprehensive and easily navigable trail and sidewalk system
that connects neighborhoods to park and recreation facilities, schools, community destinations
and other communities.
Park and Trail Conditions of Approval
The current rate for Park Dedication fees is $5,800 per dwelling ($5,800 X 39 Townhome
Units = $226,200 Total Park Dedication Fees). There is a Park and Trail credit to the Avienda
Development therefore no new Park and Trail fee will be collected with this development.
Avienda Townhomes Final Plat Approval
October 24, 2022
Page 12
MISCELLANEOUS
Fire Comments
1. Road widths – no parking signs required on one side or both depending on width. See
City Code for road widths and signage.
2. No combustible construction to begin until fire hydrants and temp/permanent fire access
roads are installed and maintained.
3. Addressing and street signs to be installed immediately upon finish and before occupancy
of first unit. Temp addressing and street signs to be maintained throughout construction.
4. Construction vehicles and material may not block fire apparatus access or hydrants once
combustible material construction starts.
Building Comments
1. Final plat must be recorded before lot addresses can be established and before any
building permits can be issued
2. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
3. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code, additional comments or
requirements may be required after plan review
4. A building permit must be obtained before beginning any construction.
5. Retaining walls (if present) more than four feet high, measured from the bottom of the
footing to the top of the wall, must be designed by a professional engineer and a building
permit must be obtained prior to construction. Retaining walls (if present) under four feet
in height require a zoning permit.
RECOMMENDATION
Staff recommends approval of the Subdivision of 40+ acres into 39 lots and 6 outlots, Avienda
Townhomes, Development Contract with plans prepared by Landform dated September 30,
2022, subject to the following conditions:
Planning
1. Homes shall be constructed and designed consistent with the PUD (Ordinance 696).
Building
1. Final plat must be recorded before lot addresses can be established and before any
building permits can be issued.
2. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
3. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code, additional comments or
requirements may be required after plan review.
4. A building permit must be obtained before beginning any construction.
5. Retaining walls (if present) more than four feet high, measured from the bottom of the
footing to the top of the wall, must be designed by a professional engineer and a building
permit must be obtained prior to construction. Retaining walls (if present) under four feet
in height require a zoning permit.
Avienda Townhomes Final Plat Approval
October 24, 2022
Page 13
Fire Comments
1. Road widths – no parking signs required on one side or both depending on width. See
City Code for road widths and signage.
2. No combustible construction to begin until fire hydrants and temp/permanent fire access
roads are installed and maintained.
3. Addressing and street signs to be installed immediately upon finish and before occupancy
of first unit. Temp addressing and street signs to be maintained throughout construction.
4. Construction vehicles and material may not block fire apparatus access or hydrants once
combustible material construction starts.
Landscaping and Tree Preservation
1. The applicant shall include 97 trees in the overall landscape plan that meet minimum canopy
coverage requirements for size and diversity.
2. The applicant shall meet minimum bufferyard planting requirements for north and south
townhome areas.
3. The applicant shall install Conservation Easement signage along the south property line
abutting Outlot E. Markers shall be placed at property corners and each deflection point in
the property line.
4. Staff recommends that the applicant apply a higher standard by incorporating landscaping
features not currently found within new developments, such as a pollinator meadow, planted
woodland, association community garden, or other sustainable landscape features.
Engineering
1. All public utilities will require adequate drainage and utility easements prior to approval
of final plat. Staff recommends Block 1 Lot 24, Block 2 Lot 9 and Bloc 3 Lot 9 be
encumbered by public drainage and utility easements. Condition has been met.
2. The applicant must provide the City the total area of right-of-way being dedicated along
with the area of public DUE in square footage and per lot. Condition has been met.
3. The plat shall be updated to maintain 10 feet of separation from the ROW and Block 1
Lot 1, Block 2 Lot 8 and Lot 1. Condition has been met.
4. Any previously recorded easements located within proposed public right-of-way or
proposed public drainage and utility easements must be vacated prior to or concurrently
with the final plat. Condition still applies.
5. The applicant shall submit an updated existing condition survey illustrating all of the
requirements of Sec. 18-40. Condition has been met.
6. The existing overhead electric lines and associated poles must be removed as soon as the
electric line is no longer required. The applicant shall supply an estimated timeline for
when this removal could occur. Condition has been met.
7. The applicant shall provide street and utility profiles prior to final plat approval.
Condition has been met.
8. Emergency overflow elevations and routes along with lot benching details shall be
submitted prior to final plat approval. Condition still applies.
9. Any grades over 3:1 on the proposed grading plan need to be indicated for review and
approval prior to final plat approval. Condition has been met.
10. The applicant is required to provide an updated SWPPP for the proposed subdivision
prior to approval of final construction plans. Condition still applies.
Avienda Townhomes Final Plat Approval
October 24, 2022
Page 14
11. The applicant shall provide an erosion and sediment control plan in conformance with the
requirements listed under Sec. 19-145 of City Ordinance prior to the approval of final
construction plans. Condition still applies.
12. The retaining wall north of Block 1 Lots 8-11 will be required to be privately owned and
maintained and the associated maintenance agreements must be recorded concurrently
with the final plat. Condition no longer applies due to updated construction plans.
13. All newly constructed public streets (Mills Drive) will be publicly owned and maintained
after acceptance of the public improvements by the City Council. Condition still
applies.
14. Construction design elements associated with the street plans such as signage, striping,
street lights, intersection details, profiles, street radii, etc. including the horizontal
curvature information will be required prior to final plat approval of final construction
plans. Condition has been modified for clarity, and still applies.
15. Any intersection of two streets must provide ADA curb ramps, which would include the
intersection of Avienda Parkway and “Private Drive NW” and Bluff Creek Blvd and
“Private Drive S”. Condition has been met.
16. Any intersection of a private street with a public street must be constructed with a
concrete apron in general conformance with Detail Plate #5207. Condition has been
met.
17. The applicant will be required to provide design calculations and justification that the
spacing of the proposed intersection of Bluff Creek Blvd. and “Private Drive S” is in
conformance with MnDOT and National Cooperative Highway Research Program Report
672 design guidelines, or provide justification that the impact is expected to be minimal
and/or no reasonable alternatives are available. Condition has been met.
18. The final construction plans must be updated and approved to meet staff’s comments
prior to recording of final plat. Condition has been modified for clarity, and still
applies.
19. All sanitary sewer and water mains will be publicly owned and maintained after
acceptance of the public improvements by the City Council. Condition still applies.
20. An engineer’s estimate for the cost of public improvements must be provided prior to
approval of the final plat. Condition has been met.
21. The applicant will be required to enter into a Development Contract with the City and all
applicable securities and fees provided prior to recording of the final plat. Condition
still applies.
22. It is the applicant’s responsibility to ensure that permits are received from all other
agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT,
Carver County, RPBC Watershed District, Board of Water and Soil Resources, PCA,
etc.). Condition still applies.
23. A Homeowners Association must be formed to ensure perpetual maintenance of all
common areas and private utilities. New condition.
Water Resources
1. The net SWMP Fee due at the time of final plat is $36,104.25. Condition has been
modified to match plan submittal, and still applies.
2. The applicant shall include electronic copies for the HydroCAD and P8 models in any
future submittals to help to speed up the review process. Condition still applies.
Avienda Townhomes Final Plat Approval
October 24, 2022
Page 15
3. The site is currently meeting rate control to each discharge point, however, the applicant
shall confirm rate control is still being met after making any necessary modeling updates
based on comments provided. Condition still applies.
4. TCs do not appear to have been updated in the modeling for the Phase 2 subcatchments.
Condition has been met.
5. The applicant shall confirm that TCs are still accurate for the Phase 2 condition.
Condition has been met.
6. The outlet from proposed conditions node 46P “Triangle Basin” has been changed from
the Phase 1 plans, however, no work on the Triangle Basin is shown in the plans. The
applicant shall clarify this discrepancy. Condition still applies.
7. The applicant shall confirm freeboard requirements are still being met after making any
necessary modeling updates based on comments provided. Condition still applies.
8. The applicant shall confirm spot elevations on the plans near the low-lying backyard
areas are the EOFs for these areas or add the EOF elevations to the plans. Condition still
applies.
9. The applicant shall plot the plans with the callouts as the top layer so they are not being
blocked by storm sewer or other layers as some are currently difficult to read. Condition
has been met.
10. The applicant shall provide an operation and maintenance plan that identifies the
maintenance, inspection, and monitoring schedule and responsible party for private
BMP’s. Condition still applies.
11. The applicant shall provide plan/profiles on the water, sanitary, and storm sewer
proposed for Phase 2 to confirm storm sewer sizing and that there are no conflicts.
Condition has been met.
12. Applicant shall confirm storm sewer sizing calculations provided are correct and are
consistent with HydroCAD modeling. Condition has been modified for clarity, and
still applies.
13. The existing storm sewer shall be shown on all utility plans. It does not appear to be
shown or clearly depicted in the utility plans. Condition has been modified for clarity,
and still applies.
14. Details and cross sections for the Phase 2 BMPs shall be included in future submittals to
confirm modeling. Condition has been met.
15. The West Central Basin (Basin 31P in the proposed conditions modeling) is shown with
existing draintile/storm sewer in the Phase 2 plans however the modeling for the basin
has been updated since the Phase 1 plans. The applicant shall provide additional detail on
the status of the West Central Basin. Condition still applies.
16. Details on any proposed outlet structures including EOFs or pretreatment structures for
the proposed BMPs shall be included in future submittals. Condition has been modified
for clarity, and still applies.
17. There are areas in the plans with slopes steeper than 3:1. Applicant shall regrade these
areas to be a maximum of 3:1 slopes or get approval for steeper slopes from the City.
Condition has been modified for clarity, and still applies.
18. The applicant shall confirm an easement isn’t needed over the proposed storm sewer
between Lots 14 and 15 in the western townhomes area. Condition still applies.
19. The applicant should provide RPBCWD erosion control notes on page 7. Condition has
been met.
20. Inlet protection, rock entrances, erosion control blanket and other erosion control
measures shall be shown on the plans. Condition has been met.
Avienda Townhomes Final Plat Approval
October 24, 2022
Page 16
21. Additional water resources comments are included on the plans for the applicant to
address moving forward. – New Condition.
22. Additional information on the stormwater reuse and irrigation system shall be provided to
the city to review and approve the design prior to approval of the Avienda Townhomes
development – New Condition.
23. Additional catch basin inlets should be added to locations identified in the plans to reduce
gutter flow. Alternatively the applicant shall include information on potential spread
within the roadways to demonstrate inlet spacing is adequate as proposed. – New
Condition.
24. Additional calculations and HydroCAD modeling shall be provided for the proposed
drainage swale behind townhomes south of Bluff Creek Boulevard to confirm the design
is adequate for the anticipated flows. – New Condition.
ATTACHMENTS
1. Development Review Application
2. Final Plat
3. Submittal Plans dated September 2022
4. Development Contract
5. Charles Cudd Product Visuals
g:\plan\2021 planning cases\21-22 avienda townhomes - outlots a and c, avienda\21-22 avienda townhomes final
plat\staff report - final.docx