PC SUM 2009 03 17
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
MARCH 17, 2009
Chairman Papke called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Kurt Papke, Kevin Dillon, Kathleen Thomas, Mark Undestad, Denny
Laufenburger, and Dan Keefe
MEMBERS ABSENT:
Debbie Larson
STAFF PRESENT:
Bob Generous, Senior Planner; and Alyson Fauske, Assistant City
Engineer
PUBLIC HEARING:
APPLE TREE ESTATES: REQUEST FOR A SEVEN-LOT SUBDIVISION WITH
VARIANCES ON PROPERTY ZONED RSF, SINGLE FAMILY RESIDENTIAL,
LOCATED AT 8600 WATERS EDGE DRIVE. APPLICANT: PLOWE ENGINEERING,
INC. OWNER: ALOYSUIS KLINGELHUTZ, PLANNING CASE 09-01.
Public Present:
Name Address
Craig Schlichting, Plowe Engineering 6776 Lake Drive, Suite 110, Lino Lakes
Kyle Tidstrom 8679 Chanhassen Hills Drive North
Tom Houston 8520 Waters Edge Drive
Al & Mary Klingelhutz 8600 Waters Edge Drive
Neil Klingelhutz 9731 Meadowlark Lane
Paul Rosstein 9492 Painters Ridge, Eden Prairie
Bob Generous and Alyson Fauske presented the staff report on this item. Commissioner
Laufenburger asked for clarification on the size of the storm sewer piping. Commissioner Dillon
asked about back-up plans for the storm sewer, housing styles, and which lots will have lake
rights. Commissioner Keefe asked about the grading plan, the length of the private street in
terms of access for emergency vehicles, and the reason behind saving the apple trees. Chairman
Papke asked for clarification of how the storm sewer piping will operate before asking the
applicants to speak. Neil Klingelhutz explained the type of houses envisioned to be built in the
development. Al Klingelhutz provided historical information on the trees and subdivision layout.
The applicant’s engineer, Craig Schlichting addressed the issues regarding the drainage pipe and
storm water runoff. Chairman Papke opened the public hearing. Kyle Tidstrom, next door
neighbor to Al and Mary Klingelhutz, expressed concern with the grading and runoff onto his
property. Paul Rosstein, 9492 Painters Ridge, Eden Prairie, the gentleman considering
purchasing the lakeshore lot from the Klingelhutz’s in the development, explained that there will
be grading done to flatten the lot and asked for clarification of how runoff will be handled during
Planning Commission Summary - March 17, 2009
large rain events. Chairman Papke closed the public hearing. After comments from the
commission, the following motion was made.
Keefe moved, Thomas seconded that the Planning Commission recommends that the City
Council approve a seven-lot, subdivision with a Variance for access off a private street for
Lots 1 and 2, Block 1, Apple Tree Estates, plans prepared by E. G. Rud & Sons, Inc. and
Plowe Engineering, Inc., dated 01/29/09, revised 2/25/09, subject to the following conditions:
1.Additional six-inch address numbers will be required at the entrance to the driveway of Lots
1 and 2, Block 1, where it comes off the cul-du-sac.
2.Additional six-inch address numbers will be required at the driveway where it splits between
Lots 1 and 2, Block 1.
exact
3.Contact Chanhassen Fire Marshal for locations and numbering requirements.
4.No burning permits will be issued for trees to be removed. Trees and scrubs must be
removed from site or chipped.
5.A three-foot clear space must be maintained around fire hydrants, and nothing be placed in
MN Fire Code Sec. 508.5.4.
front of the outlets to hinder firefighting operations.
6.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 time of
MN Fire
construction except when approved alternate methods of protection are provided.
Code Sec. 501.4
7.Temporary street signs are required to be installed as soon as construction begins. Signs
shall be of an approved size, weather resistant and be maintained until replaced by permanent
MN Fire CodeSec.505.2.
signs.
8.A 30- foot wide private easement, cross-access and maintenance agreement must be
submitted for the private street.
9.Final grading plans and soil reports must be submitted to the Inspections Division before
building permits will be issued.
10.Retaining walls over four feet high require a building permit and must be designed by an
Engineer registered in the State of Minnesota.
11.Each lot must be provided with a separate sewer and water service.
12.Demolition permits must be obtained before demolishing any structures.
13.Existing home(s) affected by the new street/cul-de-sac will require address changes.
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Planning Commission Summary - March 17, 2009
14.The existing shed on proposed Lots 4, 5 and 6, Block 1, Apple Tree Estates must be removed
concurrently with the installation of the street improvements.
15.Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a
condition of approval for Apple Tree Estates. The park fees shall be collected in full for all new
homes at the rate in force upon final plat submission and approval.
16.Applicant shall remove Colorado spruce from the planting list and transfer the quantity to
other evergreens in the Plant Schedule or add a third evergreen species. A revised planting
list shall be submitted to the city.
17.All trees proposed to be preserved shall be protected by tree preservation fencing. Fencing
shall be installed prior to site development or grading and excavation for homes on each lot.
Any trees shown as preserved on plans dated 1/15/09 and revised 2/25/09 must be replaced at
a rate of 2:1 diameter inches if removed.
18.The applicant shall locate the existing row of trees along the east side of Apple Tree Lane
north of Lot 1, Block 2 relative to the proposed retaining wall and develop a plan to protect
the trees. The survey and plan shall be submitted to the city for approval.
19.The building permit survey for Lot 2, Block 1 shall include the tree survey for the lot. Any
additional tree removal on the lot greater than what is shown on subdivision plans
dated1/15/09, revised 2/25/09, will need prior approval from the city and additional plantings
may be required.
20.The applicant shall revise the landscape plan to show river birch and balsam fir or black
spruce near the wetland rather than red oak and white spruce.
21.The plans and hydrology calculations must be revised so that the pond will hold back-to-back
100-year storms.
22.Correct the location and elevation of the wetland emergency overflow.
23.A piped EOF is required for the wetland. The developer’s engineer shall examine possible
locations for this connection and work with and obtain the necessary permission from the
property owner/agency.
24.The driveway grades for Lot 3, Block 1 must be adjusted so that there is positive drainage
along the entire driveway.
25.A building permit for Lot 2, Block 1 may be issued prior to installation of the public street
and utilities. A final Certificate of Occupancy will not be granted until the public utilities are
in and the first lift of asphalt has been installed on the street.
26.The developer must submit a plan showing how access to the existing home on Lot 1, Block
1 and the proposed home on Lot 2, Block 1, will be maintained throughout construction.
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Planning Commission Summary - March 17, 2009
27.The top and bottom of wall elevations must be shown on the plans.
28.The plan must show the existing trees on the property to the east of the development,
adjacent to the proposed retaining wall. The plans must be revised so that the off-site trees to
the east of the development are not impacted with the retaining wall construction.
29.The developer is required to obtain the appropriate permits from MnDOT to construct the
local street connection.
30.The developer must notify the affected property owners a minimum of seven days before
mobilizing to complete the sanitary sewer connection.
31.A security will be collected with the final plat to ensure that the disturbed area will be
restored to the current condition.
32.The storm sewer between the public street and the pond must be shifted to either the north or
south property line of Lot 1, Block 2 to eliminate the drainage and utility easement through
the property.
33.Any excavation within the wetland cannot result in a maximum inundation greater than six
(6) feet in depth.
34.The finished bottom of the wetland shall be undulating providing varying depths.
35.Side slopes shall be no greater than 5:1 on average and no greater that 3.5:1 in any location.
36.Bottom of the wetland shall have a minimum 0.8 feet of organic soil materials or otherwise
hydric soils.
37.A vegetation establishment plan must be developed and implemented for the wetland and the
buffer area. In the event that no excavation occurs within the wetland, a vegetation
management plan need only be developed and implemented for the buffer area.
38.Sequencing of erosion control measures need to be incorporated into the plan. This includes
placement of perimeter controls prior to earth disturbing activities and excavation of the pond
during the initial grading activities to be used as a temporary basin.
39.Silt fence must be included down gradient of all exposed soils.
40.Inlet protection shall be required within 24 hours of setting the structures on site.
41.Erosion and sedimentation BMPs must be placed to protect the structures in Waters Edge
Drive.
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Planning Commission Summary - March 17, 2009
42.A concrete washout area needs to be shown on the plan and must comply with the NPDES
permit requirements.
43.A rock construction entrance, at least 75 feet in length, must be indicated on the plan.
44.An NPDES Permit will be required for the project. This must be obtained prior to
commencement of any earth disturbing activities.
45.The pond and wetland should be put into an Outlot. This will result in a further reduction of
SWMP fees. That portion of Lot 1, Block 2 east of the westerly normal water level elevation
for the stormwater pond shall be included in a separate Outlot to facility pond maintenance.”
46. That city staff work with the applicant to make sure that the new proposal for drainage
meets everyone’s requirements.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
APPROVAL OF MINUTES:
Commissioner Thomas noted the verbatim and summary minutes of the Planning
Commission meeting dated March 3, 2009 as presented.
COMMISSION PRESENTATIONS:
None.
Chairman Papke adjourned the Planning Commission meeting at 7:50 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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