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CC Staff Report 8-25-08 CITY OF CHANHASSEN 7700 Market Boulevard PO 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: 952.227.1400 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: 952.227.1110 Web Site www.ci.chanhassen.mn.us 1c-L '~, l;1S:..>>-.:t'l:~L~ MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Kate Aanenson AICP, Community Development Director ~~ DATE: August 25,2008 SUBJ: Liberty on Bluff Creek, Final Plat of the 3rd Addition including a replat of a portion of the 1st Addition with Site Plan Amendments Planning Case No. 05-11 PROPOSED MOTION "The Chanhassen City Council approves the final plat of Liberty on Bluff Creek 3rd Addition, Planning Case #05-11, creating 3 blocks and 61 lots for a total of 109 dwelling units, as shown on construction and landscaping plans and final plat received July 25,2008, subject to conditions 1-47 on pages 21-25 of this report." City Council approval requires a simple majority vote of City Council. PROPOSAL SUMMARY The applicant is requesting to replat a portion of Liberty on Bluff Creek 1 st Addition with final plat approval for the 3rd Addition. This application also includes site plan amendments for a change in the location of some dwelling types. The preliminaryplatincluded approval of 444 units. With the 3rd Addition and the changes indwellingtypes, the total number of units has been reduced to 407. ACTION REQUIRED City Council approval requires a majority of City Council present. BACKGROUND On August 14,2008 the City Council approved the final plat of the 2nd Addition which included 186 dwelling units. On March 13, 2006 the City Council approved the final plat of the 1st Addition for 168 lots. On October 10, 2005 the Chanhassen City Council took the following action on the subject site: 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. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25,2008 Page 2 Rezoning from A2 to PUD-R; preliminary site plan review with subdivision of 6 blocks and 69 buildings including 444 units, 3 outlots (A & B which represent the Overlay District, and C which is the association pool), and 7 common lots of 91.02 acres; conditional uses for the development in the Bluff Creek Overlay District and alteration of the Flood Plain; and a Wetland Alteration Permit. FINAL PLAT REVIEW In order for the developer to respond to market demands they are requesting a change from the original preliminary plat by replacing the condominium units. These units were served by underground parking and elevators and included 12 units per building. These units are being replaced by other housing types that already exist within the project. The total number of units will be reduced by 31 from the original 444 to 407. The developer is hosting a meeting with current homeowners to discuss these changes. The replat for the 1 sl Addition includes 4 blocks and 31 lots. Block 1 has 6 lots and Block 2 has 7 lots. These units are the "Concord" or urban row type units. Block 3 has 10 units, and Block 4 has 12 units. These units are the "Chateau" or back-to-back townhouse units. Concord Homes Chateau Homes Cr6my 011 <Bruff Cree/(. " Ci6my 011 (Bfuff Cree/(. ~ Premier Homes Li6erty 011 'Bruff Creef( w Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 3 In Block 3 of the 3 rd Addition the 16 single-loaded townhouses or the "Premier" units will be consistent with the preliminary plat. An additional 38 Premier units are being added to Block 2. The condominium units in Block 2 of this phase are being replaced by the Chateau (24 units). '" Red = 3rd Addition Yellow = Amended Site I' \ I .;-, Wetlands A review of available data indicates the presence of several wetlands adjacent to the proposed construction limits. Based upon the proposed plan, no primary or secondary impact to these wetlands appears likely with proper best management practices. Lakes and Streams The proposed project does not lie within 1,000 feet of the ordinary high water level (OHW) of any public waters within the City of Chanhassen and therefore is not subject to Chanhassen's Shoreland District rules. Bluff Creek and a tributary of Bluff Creek are both within 850 feet of the proposed project limits. Bluff Creek is a listed impaired water for turbidity. Extra care should be taken when performing earthwork upgradient of these water features to assure that no sediment deposition occurs within them. Stormwater Management and Surface water Management (SWMP) Connection Charges The proposed development has adequate stormwater treatment and conveyance from proposed infrastructure and previously created detention ponds. Surface Water Management Plan fees will be associated with the project as follows: Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 4 Liberty on Bluff Creek 3rd Addition, Outlot B is 30.23 acres in size. Right-of-way will account for 0.84 acres and Liberty on Bluff Creek Outlot A will account for 21.61 acres. Therefore, the net assessable area will equal 7.78 acres. Water quality fees will be assessed at the rate for medium density residential land use which is $4,700/acre. Water quality fees will be $36,566.00. Water quantity fees will be assessed at the 2008 rates for townhomes which is $4,400/acre. Water quantity fees will be $34,543.20. A credit of $2,500 will be given for the sump manhole which is to be installed. Total SWMP fees due with the final plat are $68,609.20. EROSION AND SEDIMENT CONTROL AND RUNOFF The total land disturbance associated with the proposed project exceeds the minimum threshold for "small construction activity". Therefore, a NPDES Phase II permit to discharge stormwater associated with construction activities is required. This permit must include the General Contractor responsible for day-to-day operations of the site and the owner. This should be noted on the SWPPP included with the plan submittal. The permit must be presented at the pre-construction meeting or prior to commencement of grading activities. Other amendments are as follows: Sheet 3 of 12 - Grading, Drainage and Erosion Control Plan North 1. Call out inlet protections at the intersection of Washington Boulevard and Commonwealth Boulevard. 2. Rock construction entrance must be 75 feet in length per Chanhassen City Code. 3. At a minimum, the final 200 feet of the ditch flowing from south to north adjacent to Bluff Creek Boulevard must be stabilized with erosion control blanket or sod. 4. Erosion and sediment control best management practices must be called out around all areas where grading is to occur and approved by the City. Sheet 4 of 12 - Grading, Drainage and Erosion Control Plan South 1. Inlet protection needs to be called out for the two existing catch basins along Plymouth Lane. 2. That area east of Lots 1 and 2 of Block 1 shall be mulched with Type 3 certified weed-free mulch at a rate of 2 tons per acre, disc anchored. 3. Add a callout that indicates the presence of the tributary to Bluffcreek. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 5 Sheet 5 of 12 - Proposed Trail Grading Plan 1. Any mulch needs to be Type 3 certified weed free applied at a rate of 2 tons/acre and disc anchored. 2. Call out tributary to Bluff Creek. Sheet 9 of 12 - SWPPP Narrative L Under Owner Responsibilities add language that once identified, the person responsible for oversight and implementation must be identified on the SWPPP. 2. Indicate the impairment for Bluff Creek (turbidity and fish IBI) and Lake Hazeltine (N utrient/Eutrophication). 3. Change Item 5 under During Construction to be consistent with Part IV B.3. of the General Permit, i.e. Normal wetted perimeter of any ditch must be stabilized the last 200 lineal feet prior to discharge off the site or to any surface water. Sheet 10 of 12 - SWPPP Narrative 1. Under Item 4 Ditch Protection the first bullet point should be amended to include "or discharge offsite". 2. Under Item 10 Concrete Truck Washout add a bullet point that upon identification of a concrete washout area the SWPPP shall be amended to include the location and any pertinent BMPs. 3. Under Item 17 Winter Stabilization the second bullet point needs to be changed to include the following language: "except those areas adjacent to the trail and located east of Lots 1 & 2, Block 1 where Type 3 certified weed free mulch shall be used. GRADING AND DRAINAGE The development was graded with previous phases of the project; however grading modifications are required to accommodate the proposed building types. Runoff from Block 1 will be conveyed to a pond constructed with the first addition; the pond was sized to accommodate the runoff. Runoff from the southern portion of Block 2 will be routed to the pond that was constructed with the first phase. Runoff from the remainder of the site will be conveyed to the existing storm sewer within Bluff Creek Boulevard and routed to the pond south of Bluff Creek Boulevard within Outlot B, The Preserve at Bluff Creek 1 st Addition. This pond was sized to treat the runoff from this site. Drainage and utility easements were dedicated over Outlot A, Liberty on Bluff Creek 2nd Addition, the parent parcel of the northern portion of the third addition. These easements must be shown on the final plat. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 6 RET AINING WALLS The developer proposes to construct retaining walls as follows: Location Approximate Maximum Length Height North of Lots 1 and 9, Block 2 215 feet 9.3 feet Southwest of Lot 16, Block 2 65 feet 3.6 feet East of Lot 2, Block 1 190 feet 6.5 feet South of Lot 2, Block 1 60 feet 4.0 feet The retaining wall north of Lots 1 and 9, Block 2 is adjacent to the right-of-way for Commonwealth Boulevard. A sidewalk is proposed along this side of the road, which will lie one foot from the right-of-way line. In order to provide space for vegetation to grow, this retaining wall must be minimum 0.5 feet from the right-of-way line. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. UTILITIES Lateral sanitary sewer and watermain to serve the proposed buildings will extend from the existing lateral utilities. These utilities were designed to accommodate the demand from the units within the 2nd Addition replat and the 3rd Addition final plat. 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 utilities within the right-of-way for Commonwealth Boulevard shall be publicly owned and maintained; the remaining utilities within the third addition shall be privately owned and maintained, including the storm sewer connections from Block 2 to the storm sewer within Commonwealth Boulevard. A portion of a drainage and utility easement within the area being replatted must be vacated prior to recording the final plat; therefore, final plat approval is contingent upon vacation of this easement. The public hearing for the easement vacation is scheduled for the September 8, 2008 City Council meeting. Each new lot is subject to the sanitary sewer and water hookup charges. The 2008 trunk hookup charges are $1,769 for sanitary sewer and $4,799 for watermain. The City requires partial payment of the hookup charges with the final plat, which is calculated as follows: Watermain Access Charge (WAC): $1,439/unit x 109 units = $156,851.00 Sanitary Sewer Access Charge (SAC): $530/unit x 109 units = $57,770.00 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 7 The remainder of the sanitary sewer and watermain hookup fees will be collected with the building permit at the rates in effect at the time of issuance and may be specially assessed against the parcel at the time of building permit issuance. 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. 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, Department of Health, Carver County and Watershed District. STREETS Access to Block 1 will be from existing private streets that were constructed with the first addition. Due to the change in building type, some of the bituminous must be removed. The proposed amendment to the first addition development contract and the outstanding balance of the letter of credit shall adequately cover these changes. Commonwealth Boulevard will be constructed from its current terminus to Bluff Creek Boulevard and will be a 31-foot wide public street. Declaration Drive and Columbia Lane will be 24-foot wide private streets extending from public roads. The remaining streets within the third addition will be 20-foot wide private drives. Upon project completion, the developer must submit inspection/soil reports certifying that the private streets were built to a 7-ton design. The radius of Declaration Drive at the intersection at Commonwealth Boulevard must be modified to comply with the 20-foot minimum radius required by the City specifications. The developer will install a five-foot wide sidewalk along Commonwealth Boulevard. The arterial collector fee for Block 1 was paid with the first addition final plat. The remainder of the 3rd addition is subject to the fee, which is calculated as follows: 30.22 acres Gross area of Blocks 2 and 3 - 21.61 acres Area of Outlot A - 0.84 acres Area of Right of Way x $2,400/acre = $18,648.00 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25,2008 Page 8 PARKS AND RECREATION The preliminary plat recommended that a trail be constructed from Commonwealth Boulevard north through Outlot A east through Outlot B connecting to Bluff Creek Boulevard. This trail shall be constructed on shown on the preliminary plat. Park fees required for this phase of the development using the 2008 Fee Schedule are $231,800. LANDSCAPING Required bufferyard landscaping along Bluff Creek Blvd. and the east property line is summarized in the following table. Required Proposed Bluff Crk Blvd - 4 overs tory 14 overs tory bufferyard B 9 understory 22 understory 430',30' width 9 shrubs 49 shrubs south side of addition East property line 20 overstory 15 overstory bufferyard B 31 understory 83 understory 1040', 20' width 52 shrubs 110 shrubs Applicant meets minimum requirements for bufferyard landscaping. Staff recommends that evergreens trees be incorporated into the comer plantings along Bluff Creek Boulevard to protect homes from oncoming headlights. The applicant may change the proposed deciduous ornamentals to evergreen varieties. PUD DEVELOPMENT STANDARDS a. Intent The purpose of this zone is to create a PUD neighborhood mixed-density housing zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. b. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Buildin2 Setback Required Minimum Proposed From Collector Street 50 feet 50 feet From Exterior Lot Lines 30 feet 35 feet Interior Public Right-of-Wav 30 feet 50 feet Hard Surface Coverage (Total site) 30% 26.35 % of net Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 9 RESIDENTIAL STANDARDS Each building permit must conform to the following standards as well as the Exterior Color and Material Manual and Building plan. 1. Premier Homes a. Two-Story (with or without basement). b. Building exterior material shall be a combination of 4" vinyl siding or shake and brick and other masonry material. c. Colors used shall be consistent with the Exterior Color and Material Manual dated December 2005. . d. Each fown house shall consist of 4 and 6 units with 2-car garages. The garage door shall be decorative with windows. e. Each unit shall utilize accent architectural features such as: louvers, dormers, shed or gable dormers over the patio, etc. f. All units shall utilize fiberglass shingles. g. All units shall have access onto an interior street. h. All mechanical equipment shall be screened with material compatible to the building or landscaping. 1. Garage doors must be decorative and include windows 2. Regency Homes a. Two-story buildings with underground parking, buildings are 10 and 12 units. b. Building exterior material shall be a combination of 4" vinyl siding, vinyl shakes, brick and stone and other masonry material. c. Colors used shall be consistent with the Exterior Color and Material Manual dated December 2005. d. Each unit shall utilize accent architectural features such as louvers, dormers, front porches, etc. e. All units shall utilize fiberglass shingles. f. All units shall have access onto an interior street. g. All mechanical equipment shall be screened with material compatible to the building or landscaping. h. Garage doors must be decorative and include windows. 3. Concord homes a. Three-story lookout town homes (four to seven-unit town homes) with garages in the rear. b. Building exterior material shall be a combination of 4" vinyl siding or shake and brick and stone and other masonry material. c. Colors used shall be consistent with the Exterior Color and Material Manual dated December 2005. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 10 d. Garage doors shall be decorative and have windows and have a shed roof over door. e. Each unit shall utilize accent architectural features such as dormers, gable and shed roofs, porches, pergolas over the porch, etc. f. All units shall utilize fiberglass shingles. g. All units shall have access onto an interior street. h. All mechanical equipment shall be screened with material compatible to the building or landscaping. 4. Chateau homes a. Two-story town homes with tuck-under garage (four to eight-unit town homes). b. Building exterior material shall be a combination of 4" vinyl siding or shake and brick and stone and other masonry material. c. Colors used shall be consistent with the Exterior Color and Material Manual dated December 2005. d. Garage doors must be decorative and include windows. e. Each unit shall utilize accent architectural features such as dormers, bay windows, arched windows, shutters, etc. f. All units shall utilize Class A fiberglass/asphalt shingles (230 lb. per sq. inch). g. All units shall have access onto an interior street. h. All mechanical equipment shall be screened with material compatible to the building or landscaping. REVIEW CONDITIONS OF APPROVAL On October 10, 2005 the Chanhassen City Council approved the following: Rezoning from A2 to PUD-R; preliminary site plan review with subdivision of 6 blocks and 69 buildings including 444 units, 3 outlots (A & B which represent the Overlay District, and C which is the association pool), and 7 common lots of 91.02 acres; conditional uses for the development in the Bluff Creek Overlay District and alteration of the Flood Plain; and a Wetland Alteration Permit, as stated below and as shown on the site plan and construction plans dated 9-06-05 subject to the following conditions: 1. Provide design plan that shows the color and architectural detail for each unit on the site for final plat approval. This condition has been modified to state "The developer shall build according to the PUD Standards and the Exterior Color and Materials Booklet dated December 2005". 2. The assessment for the AUAR will be paid at the time of plat recording. The assessment amount, based on gross acreage of 15.5 %, plus wetland delineation and cultural resources inventory is $22,709.00. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 11 This condition has been met. 3. The final plat cannot be presented to City Council for approval until City Project 04-05 is awarded. This condition has been met. 4. Before site grading commences, the three existing buildings on the property must be razed. This condition has been met. 5. On-street parking may be used to satisfy the parking requirement with the following stipulations: . On-street parking is prohibited between November 1 and April 1 between the hours of 1 :00 a.m. and 7:00 a.m., consistent with Section 12-16 of the City Code: Winter Parking Regulations. . Credit for on-street parking is not allowed along the curve of the public streets. This condition still applies. 6. The developer's engineer must work with Peterson Bluff's engineer to ensure that the proposed grading on each property matches at the property line and to eliminate and/or decrease the height of retaining walls to the maximum extent possible. This condition has been met. 7. Ground slopes shall not exceed 3H:IV. This condition has been met. 8. The final grading plan must show the proposed top and bottom of wall elevations for all retaining walls. This condition has been met. 9. Retaining walls over four feet high must be designed by a Structural Engineer registered in the State of Minnesota and require a building permit. This condition still applies. 10. The existing driveway at Audubon Road must be removed. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 12 This condition has been met. 11. All of the ponds are required to be designed to National Urban Runoff Program (NURP) standards with maximum 3:1 slopes and a 10:1 bench at the NWL. This condition still applies. 12. The lowest floor elevation of all buildings must be at least three feet above the HWL of the adjacent ponds. This condition still applies. 13. The last public storm water structure that is road-accessible prior to discharging to a water body must have a 3-foot sump. This condition still applies. 14. The applicant shall include a drain tile system behind the curbs to convey sump pump discharge from homes not adjacent to ponds. This condition no longer applies. 15. The style of home and lowest floor elevation must be noted on the final grading plan. This condition still applies. 16. Blanket drainage and utility easements are required over all common lots; however, the following storm sewer segments shall be owned and maintained by the homeowners association: a. Northeast and west of Lot 5, Block 1. b. Within the private cuI de sac to Lots 1-4, Block 3. c. The connection between the private drives to Lots 9, 10, 11 and 12 Block 1 and the public lateral within Street A. d. The connection between the private cuI de sac to Lots 1 1, Block 3 and the public lateral within Street D. e. East of Lot 7, Block 1. f. North of Lots 11 13, Block 5. g. 'Vest of and between Lots 2 and 3, Block 6. This condition no longer applies 17. The plat must be signed by a Land Surveyor registered in the State of Minnesota. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 13 This condition has been met. 18. A minimum 75-foot long rock construction entrance must be shown on the plans. I This condition has been met. 19. Tree preservation fencing must bein&talled at the limits of tree removal. This condition still applies. 20. An easement is required from the ap ropriate property owner for any off-site grading. This condition still applies. 21. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. This condition still applies. 22. Utility services for the buildings must be shown on the final utility plan. Sanitary services must be 6-inch PVC and water service must be I-inch copper, Type K. This condition has been met. 23. Each new lot is subject to the sanitary sewer and water hookup charges. The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. This condition has been modified as follows: "The developer must pay a portion of the SAC and WAC charges with the final plat: Watermain Access Charge (WAC): $1,439/unit x 109 units = $156,851 Sanitary Sewer Access Charge (SAC): $530/unit x 109 units = $57,770" 24. Upon project completion, the developer must submit inspection/soil reports certifying that the private streets were built to a 7-ton design. This condition still applies. 25. 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 Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 14 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. This condition still applies. 26.' Permits from the appropriate regulatory agencies will be required prior to construction, including but not limited to MPCA, Department of Health, Carver County and Watershed District. This condition has been combined with Condition #53. 27. The benchmark used to complete the site survey must be shown on the grading plan.- This condition has been met. 28. Intersection neck downs are limited to public street intersections only. This condition applies to this phase. 29. Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland dedication. This condition has been modified as follows: "Park fees to be paid with the recording of the plat shall be $231,800." 30. The trails on both the north and south sides of collector road "A" are widened to 10 feet. This condition has been met. 31. The internal or pri v ate trail north of Block 1 shall be carefully planned and constructed to allow convenient access to the Bluff Creek Corridor, subject to staff approval. This condition applies to this phase. 32. Other internal or private trails connecting residents to amenities within the PUD be enhanced. The trail on the north portion of the site in outlot a shall be constructed with this phase. 33. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). This condition still applies. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 15 34. The applicant shall work with staff to address comments received from the reviewing agencies, including conducting MnRAMs for impacted and replacement wetlands for use in sequencing flexibility for impacts on wetlands A, D, E, J and L. Details regarding the stabilization of areas upslope of mitigation area M2 shall be included in the replacement plan. More detailed plans for mitigation areas Ml and M2, including cross-sections, shall be submitted. The applicant shall consider restorations of wetlands A, F and G for new wetland credit. The applicant must receive approval of a wetland replacement plan prior to or concurrent with final plat approval and prior to wetland impacts occurring. This condition has been met. 35. A five-year wetland replacement monitoring plan shall be submitted. The replacement monitoring plan shall include a detailed management plan for invasive non-native species, particularly hybrid cattail, purple loosestrife and reed canary grass. The plans shall show fixed photo monitoring points for the replacement wetland. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. This condition applies with the 2nd Addition. 36. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around all wetlands, '.vith the exception of Basin C. "^.. wetland buffer 20 to 30 feet in '.vidth (v:ith a minimum average of 20 feet) shall be maintained around Basin C. 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 must pay the City $20 per sign. This condition applies only to the 2nd Addition. 37. All structures shall be set back 40 feet from the edge of the wetland buffer. The wetland buffer setback should be shown on the plans. The proposed building on Lot 1 block 1 and Lot 4 Block 3 shall be revised to meet the required wetland setback. This condition applies only to the 2nd Addition. 38. The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation (including grading and seeding) to ensure the design standards for the replacement wetland are met. The letter of credit shall be effective for no less than five years from the date of final plat approval. The applicant shall submit a cost estimate for wetland creation (including grading and seeding) so the City can calculate the amount of the wetland creation letter of credi t. This condition has been met. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25,2008 Page 16 39. Clay diversions shall be used to divert runoff around the wetlands on the south side of the development to the temporary sediment basins downslope of them. This condition does not apply. 40. Bluff areas (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe) shall be preserved. In addition, all structures shall maintain a 30-foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). This condition still applies. 41. No alterations are allowed within the primary corridor or within the first 20 feet of the setback from the primary corridor. All structures shall meet the 40-foot setback from the primary corridor. This condition still applies. 42. A copy of the LOMA shall be submitted to the City prior to alterations within the floodplain. In lieu of a LOMA, the applicant shall obtain a conditional use permit for alterations within the floodplain. . This condition has been met. 43. The developer shall determine the base flood elevation (lOO-year) to ensure that the structures will meet all floodplain elevation requirements. This condition has been met. 44. The grade stabilization structure at the north end of Basin A is in disrepair and shall be replaced. Before the development incorporates this structure into the permanent storm water management system, the structure shall be assessed and a plan proposed and approved by the city for the repair or replacement of the structure, as well as long term maintenance. The applicant shall work with the property owner to the north to get permission to repair or replace the structure. This condition has been met. 45. Drainage and utility easements with a minimum width of 20 feet shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water infrastructure. This condition still applies. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 17 46. A complete Storm Water Pollution Prevention Plan (SWPPP) shall be in place before applying for and receiving NPDES construction permit coverage from the Minnesota Pollution Control Agency (MPCA). This condition still applies. 47. Minimization of the amount of exposed soils on the site is needed; phasing of the development shall limit the disturbed areas open. This condition has been met. 48. All emergency overflows need temporary and permanent stabilization and shall be shown in a detail or on the SWPPP. Energy dissipation (riprap and geotextile fabric) shall be installed within 24 hours of installation of flared end sections and outlet structures. This condition still applies. 49. 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: Tvpe of Slope Steeper than 3:1 10:1 t03:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areasinc1ude 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. 50. Temporary sediment basins shall be constructed and could be located in the proposed permanent storm water pond locations. If Pond ^ does not get excavated prior to disturbing the contributing area; a temporary basifl shall be COflstructed approximately in the areas of Street D and Lot 5, Block 3. Temporary basins shall be labeled on the SWPPP. A detail shall be provided for the temporary outlet structures for the temporary basins. Clay berms shall be used to temporarily divert runoff from the constructiofl site to the temporary basins prior to discharge. Additionally the clay diversions shall be used to divert runoff around the wetlands on the south side of the development to the temporary sediment basins downslope of them. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 18 This condition has been modified. 51. Chanhassen Type 2, Heavy Duty silt fence shall be used around all wetlands, streams, creeks, bluffs and ravines; Chanhassen Type 1 silt fence shall be used around the remaining areas. The inlet control (for area inlets, not curbside) detail shall be mono-mono heavy duty machine sliced silt fence with 4 foot maximum spacing for metal T-posts. A rock berm placed around the silt fence shall be at least 2 feet wide and 1 foot high of 1 Y2 -inch clear rock. Wimco-type inlet controls shall be installed in all inlets through out the project within 24 hours of inlet installation. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. This condition still applies. 52. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $288,050. This condition has been modified as follows: At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $288,050 $68,609.20 for the 3rd Addition. 53. 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 (National Pollutant Discharge Elimination System Construction Permit), Minnesota Department of Natural Resources (dewatering permit), MN Department of Health, Carver County, and Army Corps of Engineers) and comply with their conditions of approval. This condition still applies. 54. Tree protection fencing shall be installed prior to construction around all areas designated for preservation and/or edge of grading limits. This condition still applies. 55. A walk-through inspection of the silt/tree preservation fence shall be required prior to construction. This condition still applies. 56. A turf plan shall be submitted to the city indicating the location of sod and seeding areas. This condition has been met. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 19 57. Dedication of Outlot A and B shall be made to the city or a conservation easement shall be established over said outlots. This condition still applies to Outlot B. 58. A lO-foot clear space must be maintained around fire hydrants, Le. 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. This condition still applies. 59. There are a number of additional fire hydrants required and some will be re-Iocated. This condition has been met. 60. 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. This condition still applies. 61. Temporary street signs shall be installed on street intersection when construction of the new roadway allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. This condition still applies. 62. No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. This condition still applies. 63. Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. The Chanhassen Building Official and Fire Marshal will determine which streets will need naming. This condition has been met. 64. "No parking fire lane" signs will be required. Contact the Chanhassen Fire Marshal for exact location of signs to be installed. This condition is similar to #69. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 20 65. Submit cul-de-sac design dimensions to City Engineer and Fire Marshal for review and approval. This condition has been met. 66. Accessibility will have to be provided to all portions of the development and a percentage of the units may also be required to be accessible or adaptable in accordance with Minnesota State Building Code Chapter 1341. Further information is needed to determine these requirements. This condition still applies. 67. Buildings over 8,500 sq. ft. in size must be protected with an automatic fire protection system. The State of Minnesota is in the process of revising Chapter 1306 of the Minnesota State Building Code regarding fire protection systems. It is not yet entirely clear how these changes will affect residential construction. It is important that the developer meet with the Inspections Division prior to final design to determine what ramifications, if any, the new requirements will have on the project. This condition still applies. 68. The developer must submit a list of proposed street names and an addressing plan for review and approval prior to final plat of the property. This condition had been met. 69. Demolition permits must be obtained before demolishing any structures on the site. This condition has been met. 70. A final grading plan and soils report must be to the Inspections Division before permits can be issued. This condition still applies. 71. Walls and projections within 3 feet of property lines are required to be of one-hour fire- resistive construction. This condition still applies. 72. The buildings will be required to be designed by an architect and engineer as determined by the Building Official. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25,2008 Page 21 This condition still applies. 73. The developer and or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. This condition has been met. RECOMMENDA TION Staff recommends that the City Council adopt the following motion: "The City Council approves the final plat for Liberty on Bluff Creek 3rd Addition, Planning Case #05-11, creating 3 blocks and 61 lots for a total of 109 dwelling units, as shown on construction and landscaping plans and final plat received July 25,2008, subject to the following conditions: 1. The City is currently sponsoring a TMDL study for Bluff Creek. The location of Bluff Creek and the tributary channels must be clearly called out on all applicable plans so that extra care is taken in those areas tributary to these water features. 2. Inlet protection shall be shown on all storm sewer inlets with the potential to receive runoff from the site. 3. Mulch placed in those areas not within the residential area must use Type 3 Certified Weed Free mulch. 4. . All ditches, temporary or permanent, must be stabilized the last 200 feet prior to discharge off site or into surface waters. 5. Rock construction entrance must be 75 feet in length per City standards. 6. All language changes to the SWPPP must be made per the comments of the Water Resources Coordinator. 7. Evergreen trees shall be incorporated into the comer plantings along Bluff Creek Boulevard to protect homes from oncoming headlights. 8. All other agency approvals shall be applied for and obtained prior to any earth-disturbing acti vities. 9. The drainage and utility easements dedicated with the Liberty on Bluff Creek 2nd Addition plat must be shown on the final plat for Liberty on Bluff Creek 3rd Addition. 10. The retaining wall north of Lots 1 and 9, Block 2 must be set back a minimumof 0.5 feet from the Commonwealth Boulevard right-of-way. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 22 11. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 12. Final plat approval is contingent upon the vacation of a drainage and utility easement located in Block 1 of the third addition. 13. The developer must pay a portion of the SAC and WAC charges with the final plat: Watermain Access Charge (WAC): $1,439/unit x 109 units = $156,851.00 Sanitary Sewer Access Charge (SAC): $530/unit x 109 units = $57,770.00 14. The remainder of the sanitary sewer and watermain hookup fees will be collected with the building permit at the rates in effect at the time of issuance and may be specially assessed against the parcel at the time of building permit issuance. 15. Upon project completion, the developer must submit inspection/soil reports certifying that the private streets were built to a 7-ton design. 16. The radius of Declaration Drive at the intersection at Commonwealth Boulevard must be modified to comply with the 20-foot minimum radius required by City specifications. 17. The $18,648.00 Arterial Collector Fee must be paid in cash with the final plat. 18. All of the ponds are required to be designed to National Urban Runoff Program (NURP) standards with maximum 3:1 slopes and a 10:1 bench at the NWL. 19. The last public storm water structure that is road-accessible prior to discharging to a water body must have a three-foot sump. 20. Tree preservation fencing must be installed at the limits of tree removal. 21. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 22. The applicant shall include a drain tile system behind the curbs to convey sump pump discharge from homes not adjacent to ponds. 23. 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. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 23 24. Park fees to be paid with the recording of the platshall be $231,800. 25. Bluff areas (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe) shall be preserved. In addition, all structures shall maintain a 30-foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). 26. No alterations are allowed within the primary corridor or within the first 20 feet of the setback from the primary corridor. All structures shall meet the 40-foot setback from the primary corridor. 27. The developer shall determine the base flood elevation (lOO-year) to ensure that the structures will meet all floodplain elevation requirements. 28. Drainage and utility easements with a minimum width of 20 feet shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water infrastructure. 29. A complete Storm Water Pollution Prevention Plan (SWPPP) shall be in place before applying for and receiving NPDES construction permit coverage from the Minnesota Pollution Control Agency (MPCA). 30. All emergency overflows need temporary and permanent stabilization and shall be shown in a detail or on the SWPPP. Energy dissipation (riprap and geotextile fabric) shall be installed within 24 hours of installation of flared end sections and outlet structures. 31. 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 Slope Steeper than 3: 1 10:1 t03:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or manmade systems that discharge to a surface water 32. Temporary sediment basins shall be constructed and could be located in the proposed permanent storm water pond locations. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25,2008 Page 24 33. Chanhassen Type 2, Heavy Duty silt fence shall be used around all wetlands, streams, creeks, bluffs and ravines; Chanhassen Type 1 silt fence shall be used around the remaining areas. The inlet control (for area inlets, not curbside) detail shall be mono-mono heavy duty machine sliced silt fence with 4-foot maximum spacing for metal T-posts. A rock berm placed around the silt fence shall be at least 2 feet wide and 1 foot high of 1 V2 -inch clear rock. Wimco-type inlet controls shall be installed in all inlets throughout the project within 24 hours of inlet installation. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 34. The SWMP fee, due payable to the City at the time of final plat recording for Liberty on Bluff Creek 3rd Addition is $68,609.20. 35. 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 (National Pollutant Discharge Elimination System Construction Permit), Minnesota Department of Natural Resources (dewatering permit), MN Department of Health, Carver County, and Army Corps of Engineers) and comply with their conditions of approval. 36. Tree protection fencing shall be installed prior to construction around all areas designated for preservation and/or edge of grading limits. A walk-through inspection of the silt/tree preservation fence shall be required prior to construction. 37. A lO-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV, and transformer boxes to ensure that fire hydrants can be quickly located and safely operated by firefighters. 38. Temporary street signs shall be installed on street intersections when construction of the new roadway allows passage by vehicles pursuant to 2002 Minnesota Fire Code Section 501.4. 39. No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 40. Accessibility will have to be provided to all portions of the development and a percentage of the units may also be required to be accessible or adaptable in accordance with Minnesota State Building Code Chapter 1341. Further information is needed to determine these requirements. 41. Buildings over 8,500 square feet in size must be protected with an automatic fire protection system. The State of Minnesota is in the process of revising Chapter 1306 of the Minnesota State Building Code regarding fire protection systems. It is not yet entirely clear how these changes will affect residential construction. It is important that the developer meet with the Inspections Division prior to final design to determine what ramifications, if any, the new requirements will have on the project. Todd Gerhardt Liberty on Bluff Creek 3rd Addition Planning Case 05-11 August 25, 2008 Page 25 42. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 43. Walls and projections within three feet of property lines are required to be of one-hour fire- resistive construction. 44. The buildings will be required to be designed by an architect and engineer as determined by the Building Official. 45. Due to the proposed Planned Unit Development zoning for the development, Staff supports the proposed 20-foot wide private streets. The developer requests flexibility with the PUD to allow for on-street parking in order to satisfy a portion of the development's parking requirements. Staff supports the on-street parking proposal, subject to the following conditions: a. On~street parking is prohibited between November 1 and April 1 between the hours of 1 :00 a.m. and 7:00 a.m., consistent with Section 12-16 of the City Code: Winter Parking Regulations. b. Credit for on-street parking is not allowed along the curve of the public streets. 46. The developer shall build according to the PUD Standards and the Exterior Color and Materials Booklet dated December 2005. 47. "No Parking Fire Lane" signs will be required. Contact the Chanhassen Fire Marshal for exact location of signs to be installed." ATTACHMENTS 1. Liberty on Bluff Creek Third Addition Final Plat dated July 25, 2008. g:\plan\2005 planning cases\05-ll liberty on bluff creek\3rd addition final plat plans 7 -08\cc report 8-25-08.doc :. 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