CC Minutes 07-12-2010Chanhassen City Council - July 12, 2010
c. The Preserve at Bluff Creek Third Addition:
1) Final Plat Approval.
2) Approval of Development Contract and Plans and Specifications.
d. Lakeside Fourth Addition: Approve Amendment to Final Plat.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
VISITOR PRESENTATIONS:
None.
PIONEER PASS: REQUEST FOR PRELIMINARY PLAT CREATING 94 LOTS, 4
OUTLOTS AND RIGHT-OF-WAY FOR PUBLIC STREETS (APPROXIMATELY 45
ACRES); CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF
CREEK OVERLAY DISTRICT WITH A VARIANCE FOR ENCROACHMENT INTO
THE PRIMARY ZONE; AN INTERIM USE PERMIT TO ALLOW SITE GRADING
PRIOR TO FINAL PLAT APPROVAL; AND A WETLAND ALTERATION PERMIT
FOR THE GRADING AND FILLING OF WETLANDS ON PROPERTY ZONED
RESIDENTIAL LOW AND MEDIUM DENSITY (RLM) AND AGRICULTURAL
ESTATE (A2), LOCATED NORTH OF PIONEER TRAIL (1600 PIONEER TRAIL) AT
BLUFF CREEK DRIVE. APPLICANT: RYLAND HOMES, PLANNING CASE 2010-09.
Kate Aanenson: Good evening Mayor. Thank you members of the City Council. This item
th
appeared before the Planning Commission on July 6 and they did recommend approval 6-0.
They did have some questions which I’ll spend some time going through when I go through the
staff report. As the Mayor indicated there are a couple requests here. One including the
preliminary plat for 94 lots and 4 outlots. The conditional use for the development within the
Bluff Creek District with a variance for the encroachment into the primary zone. An interim use
to allow grading of the site prior to final plat approval, and a wetland alteration permit for
grading and filling of wetlands. This site is located in what we call the 2005 MUSA. Give a
little history on this. Goes back to 2003 when actually K. Hovnanian was first coming forward
and we were deciding on putting utilities in place and we did an alternative urban review of the
project so this is consistent with that and I’ll spend some time talking about that too so it’s
actually getting access off of the Bluff Creek Boulevard which was put in place. This project
will also get access off of Pioneer Trail, which will provide two ways in and then out to this
development. Right now the only way in is off of Audubon on Bluff Creek Boulevard. In the
AUAR which was done in 2003 the framework issue for this was a lot of the natural features that
go through this site, when we were looking at this it was actually studied to potentially look at
the high school site in this area or a middle school and actually the high school site got moved
across the street and that would be partially on the Degler property, which is in this area here. So
in looking at this, this entire area was studied under one framework and some of it was to
preserve the creek itself. The unique features of the creek, preserving that. And then we looked
at, how the, with the overlay district either taking it as a whole or incrementally as each project
came in, so we looked at the zoning for this area and how would we be able to attract or acquire
that and we look at these subdivisions, that’s one of the ways to do that. The areas in green are
actually more heavily wooded so, a lot of this has been preserved and I’ll show in a second what
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Chanhassen City Council - July 12, 2010
the development that has been put in place. So one of the main things of the environmental
assessment document was to put in more, the framework for the roads so as this was the first
iteration. Obviously now we have the round about in there on the Bluff Creek but these
connections are still pretty true as far as going through the Degler’s. Tying into Audubon and
then the touch down point at Butternut in, off of Audubon here in Chaska and then tying back up
to the new Powers. This connection will be made now. This was another requirement of the
environmental assessment but this road has now been moved over to tie into, as it comes up from
Hesse Farm Road, so that connection will go through. So this is the overview of what’s been put
in place. Again the goal is to preserve the natural features in this project so to date the first
project to go forward was the K. Hovnanian project which had on it 440 units approved for that
and they’re working on their phases. That’s a modification of some of their product that they’ve
kind of been shifting to meet the market but again the goal there was to preserve, which they did
on the southern part, the green. The natural features in the southern portion here and then on the
northern portion. So we’ve got the trail connection through there and this was the Preserve
project here. That was originally started by Ryland. It’s now being picked up by somebody else.
You approved 25 additional lots tonight on your consent agenda for that, and the goal with this
project was again to, a way to do the density transfer. So this was all preserved. Some of that
could have been platted. As you recall there were 4 lots up here that we felt was topographically
separated going into that industrial park so we actually acquired that. So these lots were a little
bit smaller under a PUD but the goal there was to preserve this green corridor and that trail’s in
and the bridge is in now too going across which is great access to get up to the high school and
the rest of those trails as we look at Audubon. This project is also extended for, given extension
for their preliminary plat rights. It may or may not come in exactly like this as the market’s been
changing out there and then Pioneer Pass. This project right here is the one we’re looking at.
Again in 2006 there was a project that was ready to get final plat and at that time the market
conditions were changing so here we are 4 years later as we’ve been struggling trying to you
know see what works on the market the owner of the property has so now we have Ryland
moving down to this project right here. So it’s a little bit different. The original project had a
little bit different lot configuration. If we look at the overall, what we conceived potential uses.
I talked about a high school. That northern piece of the Degler property still is guided industrial.
When we did the Comprehensive Plan we looked at this area which would be just south of
Lyman Boulevard and just to the west of the extension of Powers Boulevard. That’s the site we
did potentially give a regional mall zoning or office, which we envision it could still be a high
end office use with some support commercial. So we looked at how does that relate to the uses
that are within there so we did have some industrial on that, on this side here. Closer to the
Chaska side and looking at that fit. It was decided to give that the higher density. So then the
infill and the transition between that, and this was also guided for either industrial office, and I
think at that time when the Pioneer Pass came in in 2006 we, there were some consensus to
maybe not do a lot of, since we have 400 units of the higher density townhouses so now we’ve
got 3 different types of product in that area which is always our goal to try to introduce different
lot sizes and give some choices within the community. So this one, while it’s low density single
family, would have the largest lots. The original project that came in, the lot size was 15,000.
This is closer averaging to 12,000 and that compliance table’s in your staff report. So these lots
range from 9,000 almost 200 to 20,000 square feet, again averaging 12,300 so slightly less than
that so they went from the 81 lots to 94 lots on this project. Any questions kind of on the
background? Did I fill in kind of where we were going back a few years?
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Chanhassen City Council - July 12, 2010
Councilman Litsey: That helps, thank you.
Kate Aanenson: Okay. So this is, in the first action that we’re requesting tonight, or the
applicant’s requesting and that’s response on the preliminary plat itself. Again as I stated there’s
91 lots and they range in size from the 9,150 to almost 20,000 square feet. As you can see as you
get along that northern side overlooking the wetlands of Bluff Creek, those will be your largest
lots up in here. The other change is we looked at this street that comes through. This cul-de-sac.
These two cul-de-sacs were introduced to provide a little bit more. As you get towards that
round about, so the lots would back on making those lots potentially more desirable so there was
some internal changes. And then we still have the park which is originally part of the original
proposal here on Outlot C, which would be the 8.7 acres of park on that property there. And that
also provides that transition use between the K. Hovnanian project and this project, and I would
like to state too, there was some neighbors here at the Planning Commission meeting that had
some concerns about what was going to go into the park and the buffering. Typically staff sees
the park itself as a buffer but they were concerned about lights and some of those amenities and
as the Park Director had stated that typically they have a neighborhood meeting. While the
dedication may come sooner, the development of the park wouldn’t happen for a few years out
and they typically would meet on that to get some input on what the desires of the neighborhood
are. Again this zoning is RLM zoning and that’s what was given to the other lot. Again the lots
are smaller but still consistent with the RLM zoning which allows the smallest, 9,000 square feet
so this isn’t a PUD. This is a straight subdivision but with this subdivision the RLM does allow
for higher level of impervious surface but what you’re getting with this with the park and with
Outlot B, which is the overlay district, you’re getting a lot more green space as kind of that trade
off for that zone and that’s what was discussed with the earlier iteration of the Pioneer Pass.
There’s just one little clean up on this. The way we interrupt the lot configuration and this may
not even be in the first phase. They just need to change the lot configuration, otherwise the
subdivision, the plat as proposed does meet all our subdivision regulations so they would just
need to make that change at the time of final plat. Just wanted to.
Todd Gerhardt: This is just for Lot 20.
Kate Aanenson: Just for one lot, yep. Lot 20. One change, yeah. So the grading itself, I just
wanted to explain this. There’s a 50 foot change if you look at kind of where, if you’re over here
in the K. Hovnanian project and looking across, actually looking up. So this is the, this is flatter
here and it’s actually significantly changing, dropping. The 50 foot change across where you can
see in this cross section. This is the bottom of the retaining wall here and I’ll go through those in
a second but there’s a significant change so that is one of the reasons why when I discussed a
little bit the interim use permit right now is they would like to proceed with the grading right
away before they get final plat. That gives them some time, while the conditions are right to do
the grading. But there is a significant amount of grading based on the topography of the site.
Then so here’s another section, cross section looking through, again through the K. Hovnanian
project. Some of those neighbors had concern of what that meant to them as far as the look that
they would see, and actually there’s some change in grade here too that they’re actually kind of
looking down into holes so if you’re looking across here, or this is the park. There’s a ravine
here. You can see the change in grade so you’re actually kind of looking down and then it
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Chanhassen City Council - July 12, 2010
flattens out as you go across the street here so they’re kind of looking down through that. There
are retaining walls on the site. Again if you look at that map, this is to the north side. There’s a
retaining wall at the highest point would be through here would be 15 feet and that would be as
you get towards that Bluff Creek area, the wetlands through that area which the road is up here to
the north. Up in this area. There is potential, some retaining walls through here that we’d like to
look at. Revisit those. There’s swales in the back yard. They’d like to put the retaining walls to
make those bigger but sometimes that can conflict with what we’re trying to accomplish with the
homeowners in those lots, the types of lots so we’ll look at that in more detail as we get towards
that, that final plat. Again here’s a little bit of detail on the neighborhood park concept. Again
this will be flushed out a little bit more detail as the park and rec commission works through that
with the neighbors. Try to get some better feedback on what they would like to see in that area.
Councilman Litsey: Generally Kate with neighborhood parks they don’t normally put lights and
so forth up anyway right?
Kate Aanenson: That’s correct.
Councilman Litsey: Thank you.
Kate Aanenson: So that’s the first issue that we had and that was the plat itself and so the next
issue I’d like to discuss, if there’s no other questions on the plat itself would be the conditional
use with a variance. These are some of the outlots that will have storm water ponds. I talked
about the significant amount of grading so this is to the north. This is where the retaining wall
would be and this is that, the wetland area and storm water pond and this would be the
replacement pond and this is the one issue that the Planning Commission spent some time with.
Was there another location that that pond could go and we looked at that with the first iteration
too because of the retaining walls and because of the grades as it’s going down, it was really felt
for the access to be able to get to that and to construct it that that would be the best place for the
storm water pond and for the wetland itself. I think I’ve got another graphic there to show where
all the wetlands were. No, it’s coming up here. Let me just go to that one. So this is the
original, all the wetlands on the site. This one is not being touched. This one was already
impacted with the round about. That’s approximately where the round about is so this is the one
wetland that’s being impacted and this is the one that would go to the north on the other side of
the retaining wall. So this is the storm water pond and then the wetland replacement so that’s
where those would go, and again that would, that’s what relates to the grading inside that needs
the conditional use to grade within the Bluff Creek Overlay District in order to construct that
pond, grading needs to occur. Otherwise all the other limits of grading would be within, would
not be required a conditional use.
Todd Gerhardt: Kate do you show on here where the wetland is that is being mitigated?
Kate Aanenson: This one?
Todd Gerhardt: Yeah.
Kate Aanenson: That one, correct.
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Chanhassen City Council - July 12, 2010
Todd Gerhardt: Where is it on the new plat?
Kate Aanenson: It’s actually, it’s in the, am I close here? It’s hard to see in here too. It’s
actually right here. Isn’t it? At the end of the cul-de-sac. I think it’s there. Yeah, it’s this one
right here. It’s this one right here.
Todd Gerhardt: And we’ve done this many times before.
Kate Aanenson: Correct. Correct. So that kind of goes back to some of the issues too then with
the poor soils. You can see that’s kind of that area where there’s some poor soils in here. Where
the road needs, this road needs to go through and part of why they want to proceed with the
interim use to get the grading done now before they go into final plat. And that’s in order to
secure, to balance the site and stockpile some of it and also to let the soils get to where they need
to be to make it right for development. So the interim use then would allow them to grade. They
will be stockpiling some grading. Consolidating some of that and there is security put in place
for the interim use requirement for posting of a $36,500 for the security for the grading. Now
they will be doing this project in two phases so even with the grading and the interim use permit
it’s still their goal to pull permits on the, they will final plat yet this fall and then they’ll pull
permits. It’s their desire to have something in the Parade of Homes so they will be final platting
but by allowing them to grade and balance the entire site allows them to continue in phases and
develop that so staff does support that. Again there’s a 50 foot change in site so there’s a lot of
dirt to move on this site. So those have been applications that they’re requesting. Again it’s just
a little bit different as far as the lot configuration but I think the framework issues as far as where
the storm water ponds and the wetlands is very similar. We do have additional lots and, but with
that the staff is recommending approval with the conditions in the staff report and I’d be happy
to answer any questions that you have.
Mayor Furlong: Thank you. Any questions for staff? Councilwoman Ernst.
Councilwoman Ernst: Kate, so we have two round about’s, right? Is that what’s shown here is
two?
Kate Aanenson: Right now there is only one. We talked about another potential one, actually if
I can go back. We talked about another one as it, we talked about another one potentially up in
this area, somewhere through here as a potential. As you come off of Powers Boulevard because
there will be another tie up to Lyman so somewhere in there. It’ll be development driven but this
site will feed off the existing round about so they would not have another round about.
Councilwoman Ernst: But potentially putting another one in or, so I guess my question is what
would be the distance between the two, if you decided to put the second one in? I know it’s on a
different development but.
Kate Aanenson: Three-quarters? Yeah, probably three-quarters of a mile.
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Councilwoman Ernst: Okay. And I was just more curious about the traffic flow there and what
that would be like but if there’s, if it’s three-quarters of a mile it’s not going to.
Kate Aanenson: Yeah. Yeah, and I think that was something we’d have to look at too. Yeah,
whether you back up onto Powers Boulevard. What those uses are. How that would be. You
know certainly you want some traffic calming coming right off so that was one of the issues that
we looked at too when we originally put that road together so you didn’t have the people
speeding through to cut through. Through that and that’s why you had the median in there too
but I think that would probably be another traffic study, depending on how that came in. Again
our goal was to do a master plan and that was both, all three of those parcels and we’d look at it
at that point.
Councilwoman Ernst: Okay. And did the neighborhood bring up any specific concerns about
the development?
Kate Aanenson: No. Just about the park and were concerned about lighting. What would go in
there. Yeah. Yeah, and I think the Planning Commission, I didn’t point that out but they wanted
to make sure that we use the same language and said shall instead of may or could or they
wanted, so that was all changed to make sure it was all said, all conditions said shall. Didn’t
leave that open ended. And then we talked about the other issue and that was the location of the
wetland so.
Councilwoman Ernst: Okay. And then my last question is how long do they expect the project
to take, ending with the second phase?
Kate Aanenson: Well the grading itself, it stated in the conditions that they stated that that would
go through 2011 so depending upon how fast the build out is. If they do 41, 44 lots in the first
phase, depending on how well those are received.
Councilwoman Ernst: And that’s with the second phase, right?
Kate Aanenson: Then the second phase would be after they fill those out, correct.
Councilwoman Ernst: Okay. Thank you.
Todd Gerhardt: I think in their business model they plan for a 6 year build out.
Councilman Litsey: 6 years.
Councilwoman Ernst: Okay.
Mayor Furlong: Any other questions for staff at this time? Just a couple. First of all I think, I’ll
just mention I think there’s a typo on one of the areas for the lots on page 15. It’s Lot 23, Block
1. If you could just check that. It looks like the, they included the front footages in the area
there. On the impervious surface coverage, you said that the per lot amount is higher.
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Chanhassen City Council - July 12, 2010
Kate Aanenson: Yes.
Mayor Furlong: What is it per lot?
Kate Aanenson: 35%.
Mayor Furlong: And what, do you have, I was looking through the staff report. Maybe you can
direct me to it if it’s in there. What’s the average, if each lot goes to 35%, what would be the
average across the development because we do have the park there and we do have the buffer
and the primary zone.
Kate Aanenson: Correct. I don’t have that number right in front of me but it would certainly be
closer to 25. Because the Outlot B itself is 17 acres.
Mayor Furlong: Okay.
Kate Aanenson: The park itself is 8.7.
Mayor Furlong: And that would be almost entirely pervious except for maybe a basketball hoop.
Kate Aanenson: There’ll be a parking, yeah and a parking lot in the park so if you said 6 there.
Mayor Furlong: Okay.
Kate Aanenson: So you’re at 21. 22-23 acres of green space.
Mayor Furlong: Okay, and most of the right-of-way are or much of the right-of-way would be,
so do you have an overall average or do you think that would be at or below the 25%...
Kate Aanenson: I think it would be at or below, correct.
Mayor Furlong: Okay.
Kate Aanenson: And again that was the tool mechanism to get the creek.
Mayor Furlong: Okay.
Kate Aanenson: Is to allow a little bit smaller lots.
Mayor Furlong: Right, understand. On the condition use with the variance for the wetlands, are
the location of the ponds, they seem familiar so I guess my question is, are they similar to or in
the same spot as.
Kate Aanenson: Yes, yes.
Mayor Furlong: As the prior plat?
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Chanhassen City Council - July 12, 2010
Kate Aanenson: Yes, yes.
Mayor Furlong: Okay. And then with regard to eliminating that one wetland that will be at the
end of the cul-de-sac, is that, are there soil corrections and such to make sure that that, you talked
before about making it buildable. We deal with those all the time but we’re not going to have a
house sinking or anything there? It gets corrected to the point that it’s not an issue, is that right
Paul?
Paul Oehme: That’s correct Mayor. We’d take soil samples and have the developer take a, get a
soil report and based upon that report, do the design accordingly to correct those soils and make
the accommodations necessary.
Mayor Furlong: Is that something that’s checked at the time the permit is pulled?
Paul Oehme: Yeah. It’s at the time the permit is pulled and also when the road is being built we
definitely get that, that information.
Mayor Furlong: Okay. And nobody’s going to build a house that’s going to fall over but there is
some check and inspection.
Paul Oehme: Absolutely.
Kate Aanenson: Right, and especially we’ll look at where the house pad actually sits so those
are shown as whether they’ll be a walkout, lookout and then those will also be checked with
building permits issued.
Mayor Furlong: Okay. Alright. And again this is something that we do, it is very typical in a
development.
Paul Oehme: For our community and our soils, this is typical yes.
Mayor Furlong: Okay.
Kate Aanenson: And again to go back to your issue, I think the framework was set. We had the
round about. We had the connection point to the south. We had the known topography and
balancing it so I think what changes they were able to by creating those cul-de-sacs so they
didn’t have front facing lots on that round about to make it maybe a bit more desirable for some
of those lots so, but otherwise the major framework is pretty consistent with the underlying
amount of grading and that sort of thing.
Mayor Furlong: Given that they had some fixed things to work with, the round about as you
mentioned and the need to connect down to Pioneer Trail.
Kate Aanenson: And the park, yeah.
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Mayor Furlong: And the park, it seems to lay out pretty nicely so. Okay. Any other questions
for staff at this time? Great. Representatives from the applicant is here this evening. Is there
anything you’d like to address the council with?
Mike DeVoe: Good evening Mayor, members of the council. My name is Mike DeVoe and I’m
the President of Ryland Homes here in the Twin Cities. Just to touch on a couple of things you
already discussed. Ryland Homes is pleased to be working with the City of Chanhassen on our
latest development, Pioneer Pass. Relative to the most recent development Pioneer Pass is
going to be 94 larger lots. As you heard the lot sizes are going to be from about 9,144 square
feet up to 20,740 square feet with an average of about 12,319. In addition as part of the
development we’re going to complete the collector street, Bluff Creek Drive connecting Pioneer
Pass to the existing developments to the west and to the north, and then in addition we’re going
to get a new city park as part of the development. We plan to develop the property in two
phases. Phase I will include 41 lots and basically will include the collector street and mass
grading of most of the park. Most of this development will be complete by this fall and our
expectation is to have a model home open for sale by January of 2011. Phase II is anticipated to
begin in the spring of 2012 and I think there was a question earlier about the life cycle of the
entire development and it would be our expectation to have the entire project complete by
approximately 2016. Hopefully quicker but given the current market conditions that’s what
we’re projecting at this point. We are planning to offer 6 different floor plans at this point.
Square footages will range from 2,185 square feet up to 3,346 square feet. Prices are expected to
range from $368,000 up to about approximately $440,000. All of the homes will be two story
homes with 9 foot foundations. 9 foot first floors. 4 bedrooms, 2 ½ baths. 3 car garages and
drain tile systems. So you know we’re very excited about this project. We think it’s going to fit
in nicely to the City of Chanhassen and we’re hopeful that we can gain your support tonight and
we can get approval to move forward. With that said if you have any questions I can answer or
anyone else that’s with me tonight, I’m happy to answer your questions.
Mayor Furlong: Any questions for the applicant? I’m sorry, could you repeat the price points
again that you’re talking?
Mike DeVoe: 368 to 440.
Mayor Furlong: Okay. Nothing? Okay, very good. Thank you.
Mike DeVoe: Thank you.
Mayor Furlong: Appreciate the information. There was a public hearing held at the Planning
Commission.
Kate Aanenson: Correct.
Mayor Furlong: I don’t know if there’s anybody here that would like to provide additional
public comment. There haven’t been material changes to my knowledge between the Planning
Commission but if anybody would like to provide public comment, be happy to listen to them at
this time as well. Seeing nobody, okay. Very good. Wanted to give that opportunity. With that
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I’ll bring it back to council then. It’s been a little while since we’ve done one of these so I feel a
little rusty. I’ll admit that when you fly through as many as we did as frequently as we did but it
seems like a very nice development and it’s clear that a lot of time and effort has been put into
this both by the applicant, property owner, the developer and city staff but anyone that would
like to make any comments or discussion? Councilman Litsey?
Councilman Litsey: No. It looks like a solid development and it is kind of nice to have one of
these before us again so glad that things are, must mean the market’s moving forward a little bit
right now anyway so that’s a good thing and I think it will be nice to have another park
incorporated in the city. Looks like staff and the developer have worked together again really
well and thanks, so I appreciate all the efforts that have gone into it.
Todd Gerhardt: Mayor, council. I’d just like to add that Ryland has worked in the community.
They were a part of the Preserve. They did at least two phases out there. We’ve had an excellent
working relationship with them. Through the building permit process. Development process.
We’re excited to see Ryland here. Proud of their product out there and did very well in a tough
economy so we look forward to working with them and continuing that relationship. And
they’ve also built similar products over in Eden Prairie and been successful there so, they have a
good reputation.
Mayor Furlong: Other thoughts, comments? Councilwoman Ernst.
Councilwoman Ernst: I just agree. I think it will be a nice development and it’s good to see staff
and them working together.
Mayor Furlong: Councilman McDonald.
Councilman McDonald: Yeah I guess the only thing is, yeah I know this has got quite the
history and everything. I’m glad to see something’s going in there that will fit it quite well so
I’m looking forward to it.
Mayor Furlong: Very good. You know one of the things, I would agree. I certainly support it.
The, when we talk about Chanhassen being a community life, for life, one of the components
there is making sure that we have an across the spectrum opportunities for housing and for, we
say housing but it’s really people’s homes and this is a nice product. It’s a nice blend. It’s a nice
mix. It’s a nice complimentary addition with those price points that we would ask to be
reaffirmed you know in the 370 to 440 range. That’s a very nice complimentary price point to
some of the other homes that we have across the city too so, it’s always nice to see a variety of
homes coming in and developer’s creating those so nice to see that as well and the comments
made about the development earlier, I concur with. I think it’s well thought out and it’s, it
creates and achieves a lot of goals so thank you to everyone that was involved. I do have a
recommended motion for this that’s consistent with the staff report that the city attorney has so if
somebody would like to make a motion, I’ll pass this down to them.
Councilman McDonald: Is this the same one that was given to us?
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Mayor Furlong: Yes it was and it’s just a summary. Summary motion, right? So, Councilman
Litsey would you like to make a motion?
Councilman Litsey: Sure. I make a motion that the City Council approves the Pioneer Pass
development including preliminary plat creating 94 lots, 4 outlots and a right-of-way for public
streets, conditional use permit for development within the Bluff Creek Overlay District with a
variance for encroachment into the primary zone, an interim use permit to allow site grading
prior to the final plat approval and a wetland alteration permit for the grading and filling of
wetlands subject to the conditions of the staff report and adoption of the Findings of Fact.
Mayor Furlong: Very good. Is there a second?
Councilman McDonald: I’ll second. Oh, go ahead.
Councilwoman Ernst: Second.
Mayor Furlong: Motion’s been made and seconded. Any additional discussion on the motion.
Hearing none we’ll proceed with the vote.
Councilman Litsey moved, Councilwoman Ernst seconded that the City Council approve
the Pioneer Pass development including preliminary plat, conditional use permit with
variance, interim use permit and a wetland alteration permit subject to the conditions of
approval in the staff report and adopt the attached findings of fact:
CONDITIONS OF APPROVAL
:
Preliminary Plat
creating 94 lots, 4 outlots and right-of-way for public streets:
1. Building Official:
a.The developer must submit a list of proposed street names for review and approval prior
to final plat of the property.
b.Developer to provide 1:200 scale plat drawing (with lot numbers, block numbers and
street names only) for addressing purposes.
c.Demolition permits must be obtained before demolishing any existing structures.
d.A final grading plan and soils investigation/correction report must be submitted to the
Building Inspections Division before permits can be issued.
e.Retaining walls over four feet high require a building permit and must be designed by a
Structural Engineer registered in the State of Minnesota.
f.Each lot must be provided with separate sewer and water services.
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Chanhassen City Council - July 12, 2010
g.The developer and/or their agent shall meet with the Inspections Division as early as
possible to discuss plan review and permit procedures.
2. Engineer:
a.The developer must coordinate the proposed grading within the Liberty on Bluff Creek
property and the restoration with the homeowners association.
b.The developer must obtain approval to complete the off-site grading required to construct
a collector road- Bluff Creek Drive- to Pioneer Trail.
c.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.
d.Additional catch basins will be required along Street A. The number and location will be
determined with the final plat submittal.
e.The developer’s engineer must work with City staff to improve the proposed drainage
patterns at the back of Lots 11 through 14, Block 2.
f.A drain tile service stub must be provided for any lot that drains from the back to the
front.
g.The low floor elevations of Lots 33 to 35, Block 1 must be adjusted so that they are
minimum three feet above the high water level of the adjacent pond.
h.Verify the first floor elevation of Lots 1 through 3, Block 1.
i.Retaining walls constructed with the development will be the responsibility of the
homeowners association.
j.Sanitary sewer that is 16 to 26 feet deep must be SDR 26; sewer in excess of 26 feet deep
must be SDR 18.
k.The sanitary sewer between Lots 5 and 6, Block 1 must be installed within a steel casing
pipe.
l.The developer will install 12-inch trunk watermain within Bluff Creek Drive. The City
will reimburse the developer the cost difference between 8-inch lateral and 12-inch trunk
watermain.
m.A water service stub must be installed for the park area at a location acceptable to the
Parks and Recreation Director.
n.A pressure-reducing valve is required within the homes with a low floor elevation of 935
feet or lower.
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Chanhassen City Council - July 12, 2010
o.The developer shall install a pressure-reducing valve vault in the southern portion of
Bluff Creek Drive. The City will determine the location and design of the vault in
conjunction with the final plat design. The developer will be reimbursed for the cost of
the vault.
p.The property is subject to sanitary sewer and water hookup charges for all of the lots.
The 2010 Met Council SAC charge is $2,175 per unit. The City’s 2010 trunk utility
hookup fees are $2,026 per unit for sanitary sewer and $5,393 per unit for water. A
portion of the trunk utility hookup fees will be collected with the final plat: for 2010 the
portion collected with the development contract is $608.00/unit of the sanitary sewer
hookup fee and $1,618.00/unit of the water hookup fee.
q.All of the utility improvements are required to be constructed in accordance with the
City's latest edition of Standard Specifications and Detail Plates.
r.Permits from the appropriate regulatory agencies will be required, including the MPCA,
NPDES, Dept. of Health, Carver County, MnDOT and Watershed District.
s.Prior to final plat approval, the City and the developer must work with MnDOT to obtain
the necessary approvals and/or agreements necessary to construct the portion of Bluff
Creek Drive that will lie within the MnDOT right-of-way.
t.The grade of the public streets must be adjusted so that they do not exceed 8%.
u.The owner of the exception parcels shallwork with MnDOT, the County and the City to
determine future access to these areas.
v.The outstanding assessments, plus accrued interest must be paid with the final plat or
reapportioned to the lots within the final plat.
3. Environmental Resource Specialist:
a.The applicant shall plant 343 trees within the development. Each lot shall have a
minimum of two overstory, deciduous trees planted in the front yard.
b.The applicant shall install the total required bufferyard along Bluff Creek Boulevard and
Outlot C.
c.The applicant shall develop a restoration plan including native plants for the Bluff Creek
Overlay district north of Block 1. The plant species shall be selected from the Bluff
Creek Management Plan Appendix C. The final plan must be reviewed and approved by
the City before installation.
d.Lots 13, 14, 25 and 26, Block 2 shall receive an increased number of evergreen plantings
to shield the properties from oncoming traffic headlights.
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Chanhassen City Council - July 12, 2010
e.The applicant shall revise the landscape plan to show more variation in boulevard
plantings. No more than 10trees of a species may be grouped together.
f.Tree protection fencing shall be installed prior to construction around all areas designated
for preservation and/or at the edge of proposed grading limits.
g.No burning permits shall be issued for tree removal. All trees removed on site shall be
chipped and used on site or hauled off.
4. Fire Marshal:
a.Additional fire hydrants will be required and some will need to be relocated. Contact the
Fire Marshal for which hydrants are in question.
b.Water main and fire hydrants shall be installed and made serviceable prior to combustible
construction (2007 MSFC Sec. 503.1.1.).
c.A three-foot clear space shall be maintained around fire hydrants (2007 MSFC Sec.
508.5.4.).
d.Temporary street signs shall be installed as soon as construction begins. Signs shall be of
an approved size, weather resistant, and maintained until replaced by permanent signs
(2007 MSFC Sec. 505.2.).
e.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 construction except when approved alternate methods of protection are provided
(2007 MSFC Sec. 501.4.).
5. Park Director:
a.Successful transfer of Outlot C (8.7+ acres) to the City of Chanhassen through a
combination of dedication and fee purchase for development and use as a neighborhood
park.
b.Extension of trail (west side of road) and sidewalk (east side of road) paralleling the
planned connector street south to their respective connection points at the intersection of
Pioneer Trail and Bluff Creek Drive.
c.Install a sidewalk on Street D from Street A to Bluff Creek Drive.
6. Planner:
a.Lot 20, Block 2, shall be adjusted to meet minimum 110 feet of lot depth.
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Chanhassen City Council - July 12, 2010
b.A 30 dBA attenuation shall be provided by the building design and construction along
with year-round climate control for the homes adjacent to the T.H. 212/Pioneer Trail
right-of-way.
c.The developer shall pay $23,649.00as their portion of the 2005 AUAR.
d.The property owner may donate Outlots A and B to the City, or if retained under private
ownership, dedicate a roadway/trail easement and drainage and utility easement over Outlot
A, and conservation easement, trail easement and a drainage and utility easement over
Outlot B.
7. Water Resources Coordinator:
a.The HydroCAD model shallbe revised to accurately reflect the post-development soil
conditions or evidence shallbe provided that soils post development will have a water
transmission rate between 0.15 and 0.30 in/hr.
b.All conditions for the wetland alteration permit must be met (Chapter 20 Article VI).
c.Wetland I, as delineated by Graham Environmental Services, Inc., needs to be shown on
Sheet 1.2 and other applicable plan sheets.
d.Wetland buffers and setbacks shall be shown around all wetland features on or adjacent
to the subject property on the plat and grading plans (20-412).
e.Where, if at all, the buffer encroaches onto a private lot, a drainage and utility easement
is required (20-412).
f.Wetland buffers must be planted with native vegetation per Section 20-412.
g.Make the Soil Boring report available to the City (18-40).
h.SWMP fees, estimated at $119,830.52, will be due to the City at final plat (4-30).
i.The applicant or their agent must secure permissions from the Minnesota Department of
Transportation to discharge subcatchment area 8S to MnDOT right-of-way.
j.As stated in Section 18-40(4)2v. Drain tile service must be provided to any lots where
drainage is directed from back to front. This condition exists along Street B between lots
16 & 17 as well as lots 18 & 19. Because of the presence of Hamel loam, a soil with a
known seasonally high water table less than one foot below the surface, drain tile shallbe
extended from Lot 12 to the CBMH in front of Lot 19 of Block 2. Drain tile is also
encouraged in front of lots 1, 2, 3, 41 and 42 of Block 3, and Lots 1, 2 and 3 of Block 2.
The soil boring report will be beneficial in making this determination (18-40).
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Chanhassen City Council - July 12, 2010
k.The swale between Street B and Street C must be within a drainage and utility easement.
Care should be taken to design the grading so that surface drainage from Street C isn’t
directed into the residences along Street B (18-76).
l.The outlet for Pond 2 is to be moved as far west as is practical (19-144).
m.Applicant must demonstrate how the City can access Pond 2 for future maintenance.
n.The outlet for Pond 6 is to be moved so that the discharge point is approximately 75 feet
from the proposed location. Energy dissipation and soil stabilization best management
practices such as ScourStop™, Erosion Control Blanket P42™ or similar shall be used in
addition to rip-rap (18-62).
o.A SWPPP specific to this site shall be prepared and submitted to the City and Carver
SWCD (18-40).
p.Areas where proposed and existing grades are to be matched shallbe done so that no
concentrated flow conditions are created. These areas include, but are not necessarily
limited to, the backyard of Lot 7, Block 1, the backyards of Lots 1 and 2 of Block 1 and
adjacent to the extension of Bluff Creek Boulevard at the intersection with Pioneer Trail
(18-62).
q.Type 3, weed-free mulch shallbe used in outlot B.
r.Inlet protection will be required on the existing CBMH at the northerly intersection of Bluff
Creek Boulevard and proposed Street A (18-62/63).
s.A note shallbe included on sheets 3.2, 3.3 and 3.4 indicating that inlet protection will be
required on all backyard CB until final stabilization is achieved.
t.After the slopes are graded but before the erosion control blanket and seed is placed, the use
of silt fence with J-hooks, straw wattles, rock logs, bioroll or other BMP will be required to
break up any run 75 feet or longer (18-62).
u.Bluff Creek needs to be identified on the plan set and the SWPPP and erosion plans must
clearly indicate that it is an impaired water for turbidity and that no discharge of untreated
water will be allowed to the creek or to the fringe wetland (19-145).
v.A detailed turf establishment plan shallbe provided (19-145).
w.A note needs to be included on the plan set that top soils are to be scraped and stockpiled
and the soil stockpile area(s) need to be shown on the plan (19-145).
x.Signage for the Bluff Creek Overlay District must be posted on every other property
corner and at major lot angle changes where residential yards meet the primary zone.
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Chanhassen City Council - July 12, 2010
Conditional Use PermitVariance
for development within the Bluff Creek Overlay District with a
for encroachment into the Primary Zone:
1.Wetland must be protected at all times from impact.
2.Every reasonable effort must be made to avoid impacting more area than need be. Where
desirable native vegetation is present, avoidance should occur unless to do so would prevent
the applicant or their agent from fulfilling the intent of the encroachment.
3.Signage shall be posted at the property corners indicating the Bluff Creek Overlay District
boundaries. The applicant and City shallwork together to best determine location, aesthetic
and message.
4.Bluff Creek shallbe shown and identified on the plan set.
5.Vegetative enhancement will be needed within the Bluff Creek Overlay District in addition
to the mitigation area. This area shall be planted with a native seed mix appropriate to the
area. Trees shallbe planted on the south side of the pond for temperature control as well as
screening from the residences.
6.The SWPPP, erosion control and grading plans shallbe revised to include all erosion and
sediment best management practices.
7.The outlet for Pond 6 is to be moved so that the discharge point is approximately 75 feet
from the proposed location. The FES can then be pulled back so it remains outside of the
BCOD. Energy dissipation and soil stabilization best management practices such as
ScourStop™, Erosion Control Blanket P42™ or similar shall be used in addition to rip-rap
(18-62).
8.The applicant shall develop a restoration plan including native plants for the Bluff Creek
Overlay district north of Block 1. The plant species shall be selected from the Bluff Creek
Management Plan Appendix C. The final plan must be reviewed and approved by the city
before installation.
9.Signage for the Bluff Creek Overlay District must be posted on every other property corner
and at major lot angle changes where residential yards meet the primary zone.
Interim Use Permit
to allow site grading prior to final plat approval:
1.A SWPPP specific to this site shall be prepared and submitted to the City and Carver SWCD
(18-40).
2.The erosion control and grading plan must be amended per Preliminary Plat comments.
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Chanhassen City Council - July 12, 2010
3.The Wetland Alteration Permit conditions must be met.
4.A phasing and sequence plan must be prepared and submitted.
5.The grading operations must follow the preliminary grading plan as approved by City
Council.
6.The applicant must submit a $36,500 erosion control security before grading can commence.
7.The applicant must obtain permission for any off-site grading.
8.Tree protection fencing shall be installed prior to construction around all areas designated for
preservation and/or at the edge of proposed grading limit.
9.Permits from the appropriate regulatory agencies will be required, including the MPCA,
NPDES, Dept. of Health, Carver County, MnDOT and Watershed District.
10.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.
11.Erosion control measures must be installed and inspected prior to grading.
Wetland Alteration Permit
for the grading and filling of wetlands:
1.Wetland I must be shown on the plans (18-40).
2.Mitigation Area #1 must be revised to equal the 20,909 square feet of new wetland credit
approved in the 2006 wetland replacement plan.
3.Wetland buffer must be extended around the mitigation area to achieve no less than 20,473
square feet and cannot include any portion of the pond.
4.A detailed wetland alteration and replacement plan needs to be developed that meets the
requirements of Minnesota Rules Chapter 8420.0528. this should include, at a minimum:
a.Two cross-sectional views and a plan view;
b.A detailed planting schedule;
c.A detailed vegetation management schedule including any mowing, herbicide
application, and performance goals (note: this should include the buffer area as well as
the created wetland);
d.A discussion of the soils as it pertains to their adequacy in wetland creation; and
e.A discussion of hydrology as it is not conclusive that there will be adequate hydrology to
take on wetland characteristics.
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Chanhassen City Council - July 12, 2010
5.A five-year monitoring plan must be developed and submitted to the City for review and
comment per Minnesota Rules 8420.0810. This monitoring plan will require the placement
of shallow water monitoring wells as the intent is to create a type 1 wetland.
6.A letter of credit or other surety equal to 110% of the construction cost will be required. This
can be released upon the issuance of a Certificate of Compliance with Wetland Replacement
Plan.
7.The wetland area should use BWSR seed mix WT1 for any temporary seeding.
8.An as-built survey must be provided to the City for review and approval prior to final seeding
of the area.
9.Yellow tags shall be provided to the City after the area has been seeded.
10.The planting schedule and vegetation management plan shall incorporate the buffer area as
well.
11.The selected contractor and applicant must also provide the City with a signed Board of Soil
and Water Resources “Contractors Responsibility and Landowner Statement Form”.
All voted in favor and the motion carried unanimously with a vote of 4 to 0.
CONSENT AGENDA: E. APPROVE RESOLUTION APPOINTING ELECTION
JUDGES FOR THE PRIMARY AND GENERAL ELECTIONS.
Mayor Furlong: That completes that item. Let’s pick up item 1(e) at this time. I’ll go to
Councilwoman Ernst. You had a quick question or clarification for staff?
Councilwoman Ernst: Yeah, this may should have been something that’s been on our agenda
before… Have we always appointed election judges in the past?
Todd Gerhardt: Yeah.
Councilwoman Ernst: Okay, so even though you have all these volunteers we still appoint?
Todd Gerhardt: Yeah. State statute calls for the City Council to go through the list. You have
the choice to appoint the members and if there’s somebody on there that you feel may have a
conflict or a question about, you could eliminate them from the list. So under state law we
present to you the full list of election judges.
Councilwoman Ernst: And do we typically get far more volunteers than what we appoint?
Todd Gerhardt: No. This is probably the final list that you’ll see.
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