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CAS-08_FOX DEN (4)11 City Council Meeting — April , 2005 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated April 4, 2005 b. Resolution#2005-43: Call Assessment Hearing for 2005 Street Improvement Project 05- 01. `f- e. Fox Den, 6500 Chanhassen Road, 10 Spring, Inc.: 1) Final Plat Approval. 2) Approve Construction Plans & Specifications, Project 05-10. Resolution#2005-44: Approval of Quit Claim Deed, TH 101 Gap Project/7esberg Property. g. Approval of City Code Amendment to Chapter 20, Article XXXI, Bluff Creek Overlay District. i. Arbor Day Proclamation. All voted in favor and the motion carried unanimously with a vote of 5 to 0. H. FINAL APLAT APPROVAL, HIGHCREST MEADOWS 1r, 2No, 3'm ADDITIONS. Councilman Peterson: Mr. Mayor I just want to pull that, I didn't want to vote on it with the consent agenda primarily because I'm going to vote against it on the same basic vote that we did a few weeks ago that, with the cul-de-sac versus non -cul-de-sac and I again want to vote against it primarily because I don't think it's in the best interest of our community to have long cul-de- sacs and I support the comprehensive plan that states that we do try to pull together our individual communities into one and the cul-de-sac system that we're putting through this 1(h) tonight does not do that so I'm going to be voting against that. Mayor Furlong: Thank you. Is there any other discussion? With that, is there a motion? Councilman Lundquist moved, Councilman Labatt seconded to approve the final plat for Highcrest Meadows 1", 2nd, 3`d Additions (formerly known as Yoberry Farm). All voted in favor, except Councilman Peterson and Mayor Furlong who opposed, and the motion carried with a vote of 3 to 2. VISITOR PRESENTATIONS: Dick Mingo: My name is Dick Mingo, 7601 Great Plains Boulevard. 47 year resident here of Chanhassen. I'm here, I just got back from Florida and, in fact several weeks or maybe even a month or so ago we got a message from one of our nieces that you folks have decided to drop the name of a little street down a road here. It was kind of a crumb dropped in my wife's hand. She worked on this for about a year and a half to establish this where you people now have changed the name of Pauly Drive to the real original name of Market Avenue. I was up here this 9 Riley Purgatory Bluff Creek Watershed District Web Site: http//www.rileypurgatorybluffcreek.org May 4, 2005 Mr. Scott Rosenlund 10 Spring, Inc. 622 West 82od Street Chaska, MN 55318 Re: Permit #2005-12: Fox Den: Chanhassen Dear Mr. Rosenlund: Legal Advisor Krebsbach & Haik 225 South Sixth Street, Suite 4320 Minneapolis, MN 55415 612 333-7400 Fax: 612 333-6959 Engineering Advisor. Barr Engineering 4700 West 77th Street Minneapolis, MN 55435 952 832-2600 Fax: 952 832-2601 Communication Lexicon Communications Consultant: 15246 65th Place North Maple Grove, MN 55311 763-557-5244 off'�tuF� MAY z 6 Zor5 CITY OF ChhNh, —, _�„ The Board of Managers of the Riley -Purgatory -Bluff Creek Watershed District has reviewed the plans and grading and land alteration permit application as submitted to the District for the Fox Den development in Chanhassen. The Managers approve of the grading and land alteration permit subject to the following conditions: 1. All conditions as outlined in the attached General Provisions are applicable. 2. If the existing structure on the site to be razed is served by a private domestic water supply well, the well must be abandoned in accordance with Minnesota Pollution Control Agency and Minnesota Department of Health criteria. A copy of the well abandonment certification must be submitted to the District's legal advisor. Otherwise the permittee must certify to the District in writing that no private domestic water supply wells are located on the property. If you have any questions regarding the conditions of the District's permit, please call us at 952-832-2600. Sincerely, Robert Obermeyer Y BARR ENGINEERING CO. Engineers for the District eA oved by the Board of Managers WEY-PGY-BLUFF' CREEK WATERSHED DISTRICT j// ,!.e President : c: Paul Ha k Howard Peterson Matt Saam Lori Haak ::0DMA\PCD0(S\D0CS\245753\l Board of Managers Howard Peterson Perry Forster Conrad Fiskness Philip Wright Susan Scribner April 5, 2005 Mayor Tom Furlong Members the City Council City of Chanhassen PO Box 147 Chanhassen, MN 55317 Dear Mr. Furlong & Members of the City Council: In a few days, the City Council will consider the Fox Den Preliminary Plat for approval. As homeowners that will be impacted, we have several concerns and we would like you and rest of the City Council members to address these as we do not feel that they are being or will be adequately addressed. We have raised these issues to the Planning Commission, the City Staff, the developer and his engineer. We believe these are legitimate concerns. We would like to work with all parties involved but we feel that we have been the ones reaching out, and the communication back has not necessarily been reciprocated. We would appreciate it if you could include this information with the minutes, and we would welcome any additional input from you or the council members. 1. Fox Drive Paved Road Width. The applicant and the City believe that a 31 foot back of curb to back of curb road can safely and aesthetically fit between our property line and the pond. I disagree. We've had our property surveyed and if the road starts 9.5 feet off of our property line (according to our survey) then a 31 foot back of curb to back of curb runs over the western slope of the pond. The survey which the applicant did, does not place my property line correctly. In fact, their survey indicates that my eastern property line dissects my wooden fence and crosses over into the right of 9.5 feet from the correct point before anything begins. Furthermore, with the grading plans submitted for the western side of the pond, it will be impossible to get the 31 foot wide road in there. The City engineer may tell you something different, but I live there and I've measured the space many times. It Just does not fit. Additionally, even though it is consistent with the other street widths, it looks out of place. Sometimes consistency is a good thing, but we've got to use good judgment, solemnly weigh the impacts on the aesthetics, and not be afraid to advocate a 24 foot wide road with an after the fact variance. 2. Boulevard Plantings. We believe that it is vitally important with all of the City owned and large evergreen tress to the north of the pond facing removal, that boulevard plantings along Fox Drive take place. The Staff Report speaks to this. The City Forrester and the Planning Commission also believe this notion. Commissioner Sacchet stated on page 27 of the March 15, 2005 Planning Commission Minutes, [we need tol "explore Possibilities of minimizing tree loss to the north of the pond." He went on to say, "work with staff to evaluate placement of evergreen versus deciduous for buffering purposes." On page 30 of the minutes, condition 121 & L, M speak to these desires. The point here is that the entire partial tree buffer to the north of the pond is being lost. There are some very mature evergreens that do provide a buffer from noise, headlights, and other impacts of 101—not to mention help to make our community and homes more aesthetically appealing. We can all plant some sort of buffering in our yard but it will never make up for the City owned, mature and natural buffering that is proposed to be lost. With a 31 foot wide road proposed, it will be impossible to do almost any boulevard plantings. There will not be enough room. However, we do need those plantings there. We would like to see the species of evergreens in the boulevard that are currently to the north of the pond. If not that species, then a fast growing species like Norway Spruce. They have to be big enough to provide a buffer. Evergreens that only grow to 7 or 8 feet will not provide enough buffer from the impacts of 101. 3. Boulevard Planting Width. In regard to the spacing of the boulevard trees. The City Forrester recommended 30 feet. When the City Planner was asked repeatedly by a couple of the Commission members at the public hearing on 3/15/05, she stated on page 3, "We have guidelines, we need to follow those guidelines... which is 30 feet." However, this is misleading. The city code is specific. Section 20-1182 states, "boulevard plantings are at a minimum of one tree for every 30 feet required." This is the minimum standard. Not a maximum standard as the City planner was alluding to. I pointed this out to the commission. It is not a maximum of one tree per 30 feet, but a minimum. The impression that the City Planner was given the commissioners was this was a maximum planting distance. We believe that this information provided by the City employee was misleading and incorrect and influenced some commission members not to advocate tree plantings closer such as 6, 14, or 20 feet. Planting trees 30 feet apart will not provide much of a buffer, considering the trees planted there now to the north of the pond are 8-10 feet apart. We would like to appeal the Commission's decision based, in part, on this misleading information provided by the City employee. We would also like to recommend that the City Planner and Commissions have a copy of the City code in front of them for all future meetings so that issues that like can be resolved quickly and accurately, without ambiguities. 4. Retaining Wall. The City is proposing a retaining wall along the western right of way along Fox Drive. We would like to explore this option and we made this clear to the Commission, the developer, and his engineer. We'd like to see how the retaining wall would look as opposed to regular grading and raising the street. To date, we have not heard from the City, the developer or his entdneer on this issue after it was initially discussed in early March. Since the putting in of a street clearly impacts our property, we would strongly urge the City, the developer, his engineer, and landscape architect to contact us immediately before proceeding. 5. Pond Expansion. Although ponds do not have to be designed perfectly, they have to be designed correctly. We must do this the right way. Even with the proposed changes, this area is not addressed adequately. More study needs to be done. There are several contradictory statements made by the City engineer on this subject at the public hearing. Furthermore, the logic given for pond expansion isn't valid. The real problem is drainage and pond design. Not the size of the pond. On page 7 of the 3/15/05 Public Hearing, Assistant City Engineer Matt Saam states, "The current pond is sized for the developed area of Fox Hollow that's going there." Commissioner Sacchet asked, "It's properly sized for that?" Saam states: "Yes, we are not asking this developer to increase it or to bring it up to cover the existing area. He's being asked to increase it for his area and then the 912 contour area is for additional area to the north. A regional area to the north... We're not asking him to brine the current fpondl up to any code." However, if the area to the north is going to be addressed by making the pond two feet deeper, and Fox Hollow is already been taken into consideration, are you meaning to tell us that 1 acre of impervious surface for Fox Den would warrant an expansion of the Pond by such as large size? Basically, the area to the north is already factored in and the City has no immediate plans to address that area. Fox Hollow is already factored in. So all we are really talking about is 1 acre of additional impervious surface. Logically, expanding the pond by such as large size does not make common sense. Sure, there are always water quality issues but textbooks and formulas are only as good if they are applied correctly and address the real problem. The real problem is not pond size, but drainage and correct pond design. Specifically on the drainage issue, look at what happened in southern Minnesota two weeks ago. A blocked culvert caused ponds and creeks to overflow. A blocked culvert. No matter how big a pond is, if the drainage is blocked, it is not going to help one bit. If a bathtub keeps filling with water and the drain is plugged, it is going to overflow. If there is a flood, there is nothing that that stormwater pond can do. The point here is that on page 5 of the Public Hearing minutes, Saam stated "No, I didn't look downstream and the reason why is the outlet goes under 101 into Eden Prairie so drainage from this area goes into Eden Prairie and out of county so." Has anyone taken a look at the eastern side of 101 opposite this pond? I would encourage you to take a look. The water has no where to go. There is no drainage. not addressing it here. Creating a bigger pond will not address the fundamental issue here which is drainage on the other side of 101. Now, I don't know if this is an issue Eden Prairie wants to deal with or Chanhassen but it is a problem now and it will only get worse. We don't want another southern Minnesota with a ditch or culvert being blocked. If we addressed the real issue here, then some of the buffer to the north of the pond could be saved. We need to re -run the numbers and use common sense on this area. 6. Land Surveys. On page 18 of the Planning Commission Public Hearing, Cara Otto states, "I have not been brought up to any, know of anything that were you know; ambiguous with any of the property lines ... I'm not sure what the stakes are." On page 21, Cara Otto states, "I wouldn't want it [loss of trees] if I were Jason sitting there too." I want to emphasize again that tree numbers 142 & 143 could be considered boundary line trees and do have certain special legal issues before someone decides to cut them down. We would like 142, 143, & 144 and the tree to the right of 144 (not shown on the inventory) preserved through a modified grading scheme. On March le, I met with Cara Otto and the developer. I showed Ms. Otto my survey. It clearly indicated that the property line my surveyor established for me on my eastern side was different that the one that Otto Engineering came up with. So, Ms. Otto did know and was made aware of irregularities of the survey. We just have one more point on this, on January 11, 2005, when we returned home, we found footsteps in our fenced in back yard. Footsteps in our front yard, a hole in the southeast corner of our front yard. We thought there was a prowler. A couple of days later, the same things. I went to ask a neighbor and he said there were surveyors. I called the City and the City referred me to Otto Engineering. I received a call from Otto Engineering on January 24 and they admitted that they were performing survey work for 6500 Chanhassen Rd and on my property. My point is that there is a state law that requires surveyors to let landowners know before they can enter Your property. This is contained in Minnesota State Statute 505.31. We were not given any verbal or written notice by Otto Enzineering that they wanted to survey. Therefore, we believe they wrongfully trespassed on our property. We would respectfully ask that if Otto Engineering would like to V_aLaccess to our property for any reason, that we be notified in advance by writing so that we can consider their request. In closing, thank you for your consideration. There are problems with this proposal which we feel the City Staff and Planning Commission overlooked. The City Code provides for protections from impacts, and we do not feel that these were adequately adhered to. Sincerely, Jason & Tonia Ashline 10 Fox Hollow Drive Chanhassen, MN 55317 PLfiA&4NI' VMW RD x Subject Site O � O Cfi rr � ti 0 CD y CD FOX AOLL� DR CITY OF 7700 Markel Boulevard PC 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: 952.227.1140 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 3 Natural Resources Phone: 952,227.1130 Fax: 952.2271110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web She www.ci.chanhassen.mn.us lul u � C : ►Ig lu TO: Sharmeen Al-Jaff, Senior Planner FROM: Matt Saam, Assistant City Engineer M DATE: April 18, 2005 SUBJ: Final Plat Review of Fox Den Project No. 05-10 Upon review of the plans submitted by Otto Associates dated March 25, 2005, I offer the following comments and recommendations: GRADING, DRAINAGE & EROSION CONTROL The existing site has tree cover over approximately 1.5 acre of area. The plans propose to grade about 80% of the site for the new house pads, public street and cul- de-sac. The proposed grading will prepare the site for two look -out and four full basement house pads. The grading plan shows that, on average, the pad areas are being filled three to five feet for the new homes. Also, additional grading will take place south of the parcel to connect the proposed street with Fox Hollow Drive and to expand the existing storm pond. The applicant must be aware that any grading on privately -owned property will require a temporary easement. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. The existing site drains from the northwestem corner to the southeastern corner of the parcel. Under developed conditions, all of the drainage from the house roofs, driveways and the cul-de-sac will be conveyed via storm sewer to the existing stormwater pond off the southeasterly corner of the site for treatment. The applicant will be required to clean the existing stormwater pond after enlargements have been completed. The pond is required to be designed to National Urban Runoff Program (NURP) standards. The applicant has submitted drainage calculations for the site and only minor changes remain. Storm sewer design data has also been submitted for staff review. Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including ponds and drainage swales up to the 100-year flood level. The minimum easement width shall be 20 feet wide. UTILITIES The plans propose on extending the sanitary sewer from an existing sanitary manhole in Fox Drive. Water will be extended from an existing watermain along the east side of the site and looped with the watermain in Fox Hollow Drive. The sanitary sewer and watermains will be considered public utility lines since they will serve more than one lot. As such, a minimum 20-foot wide easement will be required over the The City of Chanhassen • 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. Sharmeen Al-Jaff April 18, 2005 Page 2 watermain that is outside of the right-of-way. Installation of the private service utilities for the site will require permits and inspections through the City's Building Department. According to the City's Finance Department records, the parcel was previously assessed for one sanitary sewer hookup and that assessment has been paid. As such, the sanitary sewer hook-up charge will only be applied to five of the six new lots. However, the water hookup charge will still be applicable for each of the new lots. Since the developer will be responsible for extending lateral sewer and water service to the lots, the sanitary sewer and water connection charges will be waived. The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. Sanitary sewer and watermain hookup fees are due at the time of building permit issuance and may be specially assessed against the parcel. All of these charges are based on the number of SAC units assigned by the Met Council. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. Permits from the appropriate regulatory agencies will be required, including the MPCA, Dept. of Health, MnDOT, and Watershed District. STREETS The plans propose to extend Fox Drive from the south side approximately 370-feet ending with a cul-de-sac. The required right-of-way for a new public street is 60-feet wide with a 60-foot radius for cul-de-sacs. The existing platted right-of-way for Fox Drive south of the site is 50-feet. For continuity with the existing Fox Drive right-of- way, the applicant is proposing a 50-foot wide street right-of-way and a 60-foot wide cul-de-sac radius. Staff is in favor of the applicant's proposal for this right-of-way variance. RECOMMENDED CONDITIONS OF APPROVAL 1. The existing water service to the site from Highway 101 must be removed to the existing watermain. c: Paul Oehme, City Engineer/Public Works Director Mak Sweidan, Project Engineer gAeng\projectstfox den\fpr.doc qWwa"k- Z 25D9 10 Spring, Inc. Roger Bongard 622 West 8VW Street 18195 County Road #30 Chaska, MN 55318 New Germany, MN 55367 Dear This letter is to confirm that on April 11, 2005, the City Council approved the Preliminary Plat for Planning Case #05-08 for Fox Den for 6 lots with a variance for a 50 foot right-of- way width as shown on the plans prepared by Otto Associates stamped "Received February 11, 2005", subject to the following conditions: 1. The pond on Outlot A, Fox Hollow shall be maintained to ensure it meets the size and volume standards to which it was originally designed. Any inlet and outlet structures on that pond requiring maintenance or replacement shall be maintained or replaced. 2. An outlet meeting National Pollutant Discharge Elimination System permanent storm water management system requirements (NPDES Permit MN R100001, Section C, Subsection 1D, Page 11 or 26) shall be installed at the outlet of the pond on Outlot A, Fox Hollow. 3. A floating Faircloth skimmer or another preapproved method should be used for dewatering. The flow route, distance to receiving waters and name of receiving waters of the storm water basin and dewatering activities shall be included on the plan. A detailed dewatering plan with method, rate, and erosion and sediment control considerations, such as energy dissipation, shall be provided. 4. Geotextile or gravel bed and riprap shall be provided for energy dissipation at the existing outlet of the pond on the east side of Hwy 101. 5. 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 SloW Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (Maximum time an area can remain open when the area is not actively being worked.) Pws ktH c ,. e,J 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. 6. A detail for the catch basin (CB) sediment control shall be provided for the CB between Lots 2 and 3 Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 8. The applicant shall pay the total SWMP fee, due payable to the City at the time of final plat recording. At this time, the estimated fee is $8,021. 9. 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 Permit), Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 10. Building Department conditions: a. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. b. Demolition permits must be obtained prior to demolishing any structures on the site. c. Existing wells on the site must be abandoned in accordance with State Law and City Code. 11. Fire Marshal conditions: a. No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. b. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. c. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. d. Temporary street signs shall be installed on each street intersection when construction of the new roadway allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. 12. Environmental Resources Coordinator Conditions: a. Applicant shall revise landscape plan to show a minimum of 21 trees to be planted. b. A minimum of two 2 I/V deciduous, overstory trees shall be required in the front yard of each lot. c. No more than one-third of the required trees may be from any one species. d. Tree preservation fence shall be installed at the edge of the grading limits around all trees proposed to be preserved prior to any grading. e. Any trees proposed for preservation that are lost due to grading and construction activities will be replaced at a rate of 2:1 diameter inches. f. All 21 trees shall be planted within the proposed development. A revised landscape plan will be required prior to final approval. g. A landscape buffer shall be planted along Hwy. 101 and include, at a minimum, 5 overstory trees, 7 understory trees and 12 shrubs. h. Trees #142-144 and six green ash not shown on the tree inventory, located along the south property line near the existing shed, shall be preserved. i. The applicant shall plant boulevard trees along Fox Hollow Drive and Fox Drive to replace trees lost due to pond expansion. One tree shall be planted every 30 feet except within the sight triangle. Species selected shall be approved by the city. j. Developer will work with staff to explore possibilities of minimizing tree loss to the north of the pond and consider alternate design on the pond using available space. k. Developer will work with staff to consider buffer plantings around the pond. 1. Developer will work with staff to evaluate the impact to the buffer trees to the north of the cul-de-sac on Lot 4. m. Developer will work with staff to evaluate the placement of evergreens versus deciduous for buffering purposes. 13.On the Utility plan: a. Show all easements. b. Add a note "Any connection to existing structures must be core drilled. 14: etail pates: 1 15. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 16. The sanitary sewer hook-up charge will only be applied to five of the six new lots. The water hookup charge will still be applicable for each of the new lots. Since the �CL developer will be responsible for extending lateral sewer and water service to the lots, the sanitary sewer and water connection charges will be waived. The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for water -main. Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are base mb on the nur of SAC units assigned by the Met Council. °t- 8' W � �u 17. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. Permits from the appropriate regulatory agencies will be required, including the MPCA, MnDOT, Watershed District and MDH. d� � ss�onal e m He a mus 19. The applicant must be aware that any grading on privately -owned property will require a temporary easement. 20. The applicant will be required to clean the existing stormwater pond after enlargements have been completed. 1. ortewer design to will need t sub 'tted for staff f�- review. The storm sewer will have to �esi"gned r ear, 24 hodr storm event. - _ 22. Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including ponds and drainage swales up to the 100-year 1,� �, , j� _,flood evel. The 'nimum easement w�id�t�h�s9h be 20 feet wide. 23. Stiff is rec ending that a ss�mrall�(lh'-3') ret mg w�stalle long tw�asterr ri t-of- ay o ox Drive o e site. Th' ill leviat a st s tl� of th�rb for snow storage. 24. A minimum 20-foot wide easement will be required over the watermain that is outside of the right-of-way. 25. The developer shall pay full park dedication fees." The final plat, construction plans and Development Contract have been scheduled for review and approval on the April 25, 2005, City Council meeting. If you have any questions, please feel free to contact me at 952.227.1134 or e-mail at saliaff@ci.chanhassen.mn.us Sincerely, Sharmeen Al-Jaff Senior Planner Location Map Fox Den 6500 Chanhassen Road Planning Case No. 05-08 Pleaunt View Road Subject Property k O .. 3 City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 Date: February 14, 2005 To: Development Plan Referral Agencies From: Planning Department By: Sharmeen Al-Jaff, Senior Planner Subject: Fox Den — Subdivision with variances on property located north of Fox Hollow Drive, west of Highway 101, and south of Pleasant View Road. Applicant: 10 SPRING, INC. Planning Case: 05-08 The above -described application for approval of a land development proposal was filed with the Chanhassen Planning Department on February 11, 2005. The 60day review period ends April 12, 2005. 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 March 15, 2005 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than March 4, 2005. 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 d. Fire Marshal e. Building Official f. 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 SprintfUnited) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco 13. Other - 14. Other - Answers to Mr Page 4 of 4 on my eastern side was different that the one that Otto Engineering came up with. So, Ms. Otto did know and was made aware of irregularities of the survey. We just have one more point on this, on January 11, 2005, when we returned home, we found footsteps in our fenced in back yard. Footsteps in our front yard, a hole in the southeast corner of our front yard. We thought there was a prowler. A couple of days later, the same things. I went to ask a neighbor and he said there were surveyors. I called the City and the City referred me to Otto Engineering. I received a call from Otto Engineering on January 24 and they admitted that they were performing survey work for 6500 Chanhassen Rd and on my property. My point is that there is a state law that requires surveyors to let landowners know before they can enter your property. This is contained in Minnesota State Statute 505.31. We were not given any verbal or written notice by Otto Engineering that they wanted to survM. Therefore, we believe they wrongfully trespassed on our property. We would respectfully ask that if Otto Engineering would like to gain access to our property for any reason, that we be notified in Staffs Rely After reviewing the two surveys, the only difference that staff can discern is the location of Mr. Ashline's fence and the type of material the fence is constructed from (wood vs. ` wire). 4/11/2005 Answers to Mr Page 3 of 4 the north. A regional area to the north... We're not asking him to bring the current [pond] up to any code." However, if the area to the north is going to be addressed by making the pond two feet deeper, and Fox Hollow is already been taken into consideration, are you meaning to tell us that 1 acre of Basically, the area to the north is already factored in and the City has no immediate plans to address that area. Fox Hollow is already factored in. So all we are really talking about is 1 acre of additional impervious surface. Logically, expanding the pond by such as large size does not make common sense. Sure, there are always water quality issues but textbooks and formulas are only as good if they are applied correctly and address the real problem. The real problem is not pond size, but drainage and correct pond design. Specifically on the drainage issue, look at what happened in southern Minnesota two weeks ago. A blocked culvert caused ponds and creeks to overflow. A blocked culvert. No matter how big a pond is, if the drainage is blocked, it is not going to help one bit. If a bathtub keeps filling with water and the drain is plugged, it is going to overflow. If there is a flood, there is nothing that that stormwater pond can do. The point here is that on page 5 of the Public Hearing minutes, Saam stated "No, I didn't look downstream and the reason why is the outlet goes under 101 into Eden Prairie so drainage from this area goes into Eden Prairie and out of county so." standing water. This is the real problem and we are not addressing it here Creating a bigger pond will not address the fundamental issue here which is drainage on the other side of 101. Now, I don't know if this is an issue Eden Prairie wants to deal with or Chanhassen but it is a problem now and it will only get worse. We don't want another southern Minnesota with a ditch or culvert being blocked. If we addressed the real issue here, then some of the buffer to the north of the pond could be saved. We need to re -run the numbers and use common sense on this area. 1�Staff s Reply Staff has reviewed the pond expansion design and is in agreement with the proposed VVVVVV layout of the pond. Our only comment is to add an additional contour elevation line (912) at the bottom of the pond for additional water quality purposes. The pond, as it currently exists, is not sized for the entire developed drainage area that will be going to the pond. As such, the pond must be enlar¢ed in order to meet the water quality requirements of NUU.Additionally the pond will stpm-the.storm water during a rain even so at —the ratwof water leaving the pond is less �hat the current runoff rate -is. This is how the pond will meet the water quantity requirement of the City. Finall ,the developer will be installinga nPw n ,t_u IPt rn„+*.L * - per Eitydetail plate #31 , to control the outlet rate. The City will takeover owners pmain nance of the pond and storm.sewer.at-the conclusion of a pmlect and after the warranty period. The app cant has incorporated the above recommendations in the final construction plans which are scheduled to be reviewed by the City Council on April 25, 2005. 6. Land Surveys. On page 18 of the Planning Commission Public Hearing, Cara Otto states, "I have not been brought up to any, know of anything that were you know; ambiguous with any of the property lines ... I'm not sure what the stakes are." On page 21, Cara Otto states, "I wouldn't want it [loss of trees] if I were Jason sitting there too." I want to emphasize again that tree numbers 142 & 143 could be considered boundary line trees and do have certain special legal issues before someone decides to cut them down. We would like 142, 143, & 144 and the tree to the right of 144 (not shown on the inventory) preserved through a modified grading scheme. On March IOd', I met with Cara Otto and the developer. I showed Ms. Otto my survey. It clearly indicated that the property line my surveyor established for me 4/11/2005 Answers to Mr Page 2 of 4 plantings there. We would like to see the species of evergreens in the boulevard that are currently to the north of the pond. If not that species, then a fast growing species like Norway Spruce. They have to be big enough to provide a buffer. Evergreens that only grow to 7 or 8 feet will not provide enough buffer from the impacts of 101. Ataff's Reply: Evergreen Boulevard Trees may be acceptable although the City has never planted evergreens for boulevard trees before. Only pines, 8 feet in height will be permitted. Staff strongly recommends against spruce trees. They are wide at the bottom of the tree which cause sight line and snow removal problems. 3. Boulevard Planting Width In regard to the spacing of the boulevard trees. The City Forrester recommended 30 feet. When the City Planner was asked repeatedly by a couple of the Commission members at the public hearing on 3/15/05, she stated on page 3, "We have guidelines, we need to follow those guidelines... which is 30 feet." However, this is misleading. The city code is specific. Section 20- 1182 states, "boulevard plantings are at a minimum of one tree for every 30 feet required." This is the minimum standard Not a maximum standard as the City planner was alluding to I pointed this out to the commission It is not a maximum of one tree per 30 feet, but a minimum. The impression that the City Planner was given the commissioners was this was a maximum planting distance. We believe that this information provided by the City employee was misleading and incorrect and influenced some commission members not to advocate tree plantings closer such as 6, 14, or 20 feet. Planting trees 30 feet apart will not provide much of a buffer, considering the trees planted there now to the north of the pond are 8-10 feet the Commission's decision based is Dart. on this misleading reformation provided by the Citv emn o e would also like to lrecommend that the City Plann ve a cop—y -oTthe City code in front of them for all future meetings so that issues that like can be resolved quickly and accurately, without ambiguities. 4;Staff's Reply The city code states "A minimum of one tree for every 30 feet of frontage is required." It is staffs interpretation of the ordinance that trees that are planted 30 feet apart meet the ordinance requirements. The City will insure that the development complies with the buffer ordinance requirements. 4. Retaining W . The City is proposing a retaining wall along the western right of way along Fox ve. We would ' e to explore this option and we made this clear to the Commission, the developer, and e'd like to see how the retaining wall would look as opposed to regular grading and raising the street. To date, we have not heard from the City, the developer or his engineer on this issue after it was initially discussed in early March. Since the putting in of a street clearly impacts our property, we would strongly urge the City, the developer, his engineer, and landscape architect to contact us immediately before proceeding. Staff's Reply The applicant has revised the proposed street grades to eliminate the need for a retaining VI wall. 5 Pond l xpansio lthough ponds do not have to be designed perfectly, they have to be designed ctly. We mus o this the right way. Even with the proposed changes, this area is not addressed adequa re study needs to be done. There are several contradictory statements made by the City engineer on this subject at the public hearing. Furthermore, the logic given for pond expansion isn't valid. The real problem is drainage and pond design. Not the size of the pond. On page 7 of the 3/15/05 Public Hearing, Assistant City Engineer Matt Saam states, "The current pond is sized for the developed area of Fox Hollow that's going there." Commissioner Sacchet asked, "It's properly sized for that?" Saam states: "Yes, we are not asking this developer to increase it or to bring it up to cover the existing area. He's being asked to increase it for his area and then the 912 contour area is for additional area to 4/11/2005 Answers to Mr Page 1 of 4 Aanenson, Kate From: AI-Jaff, Sharmeen Sent: Monday, April 11, 2005 2:44 PM To: Aanenson, Kate Subject: Answers to M Ashlines comments.doc Answers 0 Mr. Ashlines pril 5, 2005 Letter to Mayor and City Council 1. Fox Drive Paved Road Width The applicant and the City believe that a 31 foot back of curb to back of curb road can safely and aesthetically fit between our property line and the pond. I disagree.We've survey which the applicant did, does not place my property line correctly. In fact, their survey indicates that my eastern property line dissects my wooden fence and crosses over into the right of way. However, this is not true We need to be absolutely sure that we are measuring 9.5 feet from the correct point before anything begins Furthermore, with the grading plans submitted for the western side of the pond, it will be impossible to get the 31 foot wide road in there. The City engineer may tell you something different, but I live there and I've measured the space many times. Dust does not fit. Additionally, even though it is consistent with the other street widths, it looks out of place. Sometimes consistency is a good thing, but we've got ment, solemnly weigh the impacts on the aesthetics, and not be afraid to adv ate a 24 foot wide ad with an after the fact variance. Staffs Reply Staff would be against a variance to decrease the street width C24'for the following reasons. a) It would limit the street to parking on only one side or prohibit on -street parking all together. This would conflict with all other public residential streets in town that allow parking on both sides. b) There is no major environmental reason why a street meeting current design requirements (31' wide) cannot be constructed; in other words, staff does not see a hardship why the street width needs to be decreased. c) The City's standard of 31' paved road will fit within the existing 50 foot right-of- way. The road will be 9.5 feet east of Mr. Ashline's eastern property line. 2 Boulevard Plantings We believe that it is vitally important with all of the City owned and large evergreen tress to the north of the pond facing removal, that boulevard plantings along Fox Drive take place. The Staff Report speaks to this. The City Forrester and the Planning Commission also believe this notion. Commissioner Sacchet stated on page 27 of the March 15, 2005 Planning Commission purposes." On page 30 of the minutes, condition 12 f, K, L, M speak to these desires. The point here is that the entire partial tree buffer to the north of the pond is being lost. There are some very mature evergreens that do provide a buffer from noise, headlights, and other impacts of 101—not to mention help to make our community and homes more aesthetically appealing. We can all plant some 4/11/2005