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Original Conditions of Approval Letter 07-25-2006July 25, 2006 Mr. John Vogelbacher Sienna Corporation 4940 Viking Drive, #608 Minneapolis, MN 55435 Alyson/Terry /Todd H./Mark/Jerry Lakeside Sixth Addition was submitted to the City on February 17, 2012 for final plat approval before the City Council on March 26, 2012. Please review these original conditions of approval and respond to Bob with comments by Wednesday, March 14, 2012. Re: Lakeside — Planning Case #06 -26 Dear Mr. Vogelbacher: This letter is to notify you that on July 24, 2006, the Chanhassen City Council approved the following: A. "Rezoning of the property located within the Lakeside development, from High Density Residential District (R12) to Planned Unit Development - Residential (PUD -R) incorporating the development design standards contained within this staff report subject to the final plat approval for the Lakeside development." B. "Preliminary Plat for Lakeside, plans prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006, and July 17, 2007, with a revised grading plan dated July 24, 2006 and a revised tree preservation plan dated received July 24, 2006, subject to the following conditions: The developer must submit a list of proposed street name(s) and an addressing plan to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval prior to final plat of the property. 2. Each lot must be provided with separate sewer and water services. 3. Additional fire hydrants will be required. Please contact the Chanhassen Fire Marshal for exact location of additional hydrants and any to be relocated. 4. A minimum buffer of 16.5 to 20 feet shall be preserved around the perimeter of the wetland. All structures (including parking lots) shall maintain a 40 -foot setback from the wetland buffer. All trails and retaining walls shall be modified to remain outside the wetland buffer. The plans shall be revised to reflect the required wetland buffer and wetland buffer setback. 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 before construction begins and shall pay the City $20 per sign. 5. The plans shall be revised to depict the OHW of Lake Riley, which is 865.3. All structures shall be located a minimum of 75 feet from the OHW. The proposed fire pit shall be located a minimum of 75 feet from the OHW and shall be buffered from the lake by vegetation. No grading or intensive clearing of vegetation shall occur within the shore impact zone (all areas within 37.5 feet of the OHW). Mr. John Vogelbacher Lakeside — Planning Case 06 -26 July 25, 2006 Page 2 6. A conditional use permit (CUP) shall be obtained from the City prior to the operation of a recreational beach lot. 7. All existing amenities and /or structures (including any docks, existing beach that is not proposed to remain and the boat launch) on Outlot B, North Bay shall be removed. A boat launch is not permitted. 8. The location of the building on Lot 1, Block 1 shall be adjusted to respect all drainage and utility easements. 9. The applicant shall supply details about the water feature between the rear yards of the units in Block 3, specifically the source for the water in the water feature. As an alternative to the current proposal, the applicant should consider revising the plans to utilize storm water as an amenity as part of a rain garden system in this area. 10. The applicant shall provide additional information detailing the proposed emergency overflow (EOF) route from Pond 1 to Lake Riley. 11. The grading and landscaping proposed around Pond 1 shall be revised to provide a flat, open area so maintenance equipment can access the flared end sections from Lake Riley Road East without damaging the retaining wall or the landscaping and without being below the NWL of the pond. 12. All storm water infrastructure, including catch basins, storm sewer pipes, manholes, flared - end sections, outlet structures, ponds and swales, shall be owned, operated and maintained by the developer and, eventually, the homeowners association. Prior to final plat recording, the developer shall enter into an agreement with the City that outlines the parameters of operation, inspection and maintenance of the storm water infrastructure. This agreement shall be transferred to the homeowners association prior to the developer relinquishing responsibility for the development. 13. The SWPPP shall be provided to the City for review by the Carver Soil and Water Conservation District. 14. The plans shall be revised to show that erosion control blanket will be installed over all areas with 3:1 slopes or steeper. 15. A stable emergency overflow (EOF) for the pond shall be provided. The EOF could consist of riprap and geotextile fabric or a turf re- enforcement mat (a permanent erosion control blanket). A typical detail shall be included in the plan. 16. Energy dissipation shall be provided for all inlets and outlets within 24 hours of installation Mr. John Vogelbacher Lakeside — Planning Case 06 -26 July 25, 2006 Page 3 17. Wimco -type or other comparable inlet controls shall be used and installed within 24 hours of installation of the inlets. Perimeter controls and inlet protection shall be in place and maintained as needed until 70% of the vegetation is established. 18. Typical building lot controls shall be shown on the plan in a typical detail. These controls shall include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the Certificate of Occupancy (CO). 19. The proposed storm water pond shall be used as a temporary sediment basin during mass grading. The pond shall be excavated prior to disturbing up- gradient areas. Plans shall show how the temporary basin will be constructed and how water will be diverted to the temporary basin. Berms and /or ditches may be needed to divert water to the pond, and temporary pond outlets are needed. The outlet could be a temporary perforated standpipe and rock cone. The plans shall be revised to include a detail for the temporary pond outlet. 20. The proposed silt fence along Wetland Basin B shall be Type 2 silt fence, as specified in Chanhassen Standard Detail Plate 5300. Type 1 silt fence may be used for the remainder of the site. The grading plan shall be revised to show the proposed silt fence following the grading limits for the site and shall be located outside of the required 16.5 -foot wetland buffer. Silt fence shall be placed at the proposed high water level elevation of the proposed storm water pond. 21. Street gutters and catch basins are considered "surface waters" and shall be protected from exposed soils with a positive slope within 200 linear feet. Following installation of curb and gutter, silt fence shall be installed curbside along all positive slopes to the street with exposed soils. 22. Plans shall be revised to show erosion and sediment control measures for the road ditch along Lyman Boulevard. All perimeter controls shall be inspected by the city and the SWCD prior to grading. 23. Details for concrete washout areas where drivers will wash out their trucks and how the water will be treated should be developed and included in the SWPPP. 24. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 25. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $195,293. 26. The owner /operator of the proposed development shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley- Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Site Permit), Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval. Mr. John Vogelbacher Lakeside — Planning Case 06 -26 July 25, 2006 Page 4 27. Tree protection fencing shall be installed prior to construction around all areas designated for preservation and /or at the edge of proposed grading limits. 28. A walk - through inspection of the silt /tree preservation fence shall be required prior to construction. 29. No burning permits shall be issued for tree removal. All trees removed on site shall be chipped and used on site or hauled off. 30. The applicant shall increase landscape plantings along the east property line to minimum bufferyard requirements. 31. No trees shall be removed behind the northwestern corner of the silt fence as shown on grading plans dated 05/19/06. 32. A total of 139 trees shall be planted in the development as required for canopy coverage. 33. All existing buildings, driveways and accessory structures must be removed before grading commences. 34. The lowest floor elevation of 106 Lakeview Road East must be field verified. 35. The high water level of the proposed pond must be minimum three feet lower than the lowest floor elevation of the adjacent homes along Lakeview Road East. 36. The high water level of the wetland must be determined. 37. The proposed grading in the northwest corner near the wetland needs to be adjusted so that the floor elevation of the homes within Lot 13, Block 2 comply with city standards. 38. Pavement grades at the following locations must be adjusted - so that the grade does not exceed 7 %: West of Building A, and the northern street extending from the Lakeview Road East intersection. 39. Private driveway grades shall not exceed 10 %. 40. Ground (ie. non - paved) surface grades shall not be less than 2 %. 41. Emergency overflow locations and elevations must be shown on the plan. 42. High point elevations between the catch basins must be shown along the east side of Block 2. 43. Each lot must be provided with separate sewer and water services. Mr. John Vogelbacher Lakeside — Planning Case 06 -26 July 25, 2006 Page 5 44. An easement is required from the appropriate property owner for any off -site grading. The developer must receive approval from the City of Eden Prairie for grading in to the Outlot for Bearpath 3rd Addition. 45. 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. 46. 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. 47. All sanitary sewer, watermain and storm sewer within this site shall be privately owned and maintained. 48. The watermain extension from Lyman Boulevard must be wet - tapped and must be done under traffic. 49. The developer must provide ingress /egress to the North Bay residents for the duration of the utility extension within Lake Riley Road East. 50. Each new lot is subject to the sanitary sewer and water hookup charges. The 2006 trunk hookup charge is $1,575 for sanitary sewer and $4,078 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. 51. The 15 -foot wide sanitary sewer easement on the northwest side of the property must be vacated. 52. The proposed pool house must not lie within the drainage and utility easement. 53. The payment of full park dedication fees at the rate in force upon final plat approval in lieu of parkland dedication. 54. The applicant shall provide all design, engineering, construction and testing services required of the "Lyman Boulevard Trail." All construction documents shall be delivered to the Park and Recreation Director and City Engineer for approval prior to the initiation of each phase of construction. The trail shall be 10 feet in width, surfaced with bituminous material, and constructed to meet all city specifications. The applicant shall be reimbursed for the actual cost of construction materials for the Lyman Boulevard Trail. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials utilized in its construction. 55. The trail connection at the northeast corner of the site connecting the Lakeside area to the future Highway 212 trail and underpass, as depicted in the applicant's plans, is completed." Mr. John Vogelbacher Lakeside — Planning Case 06 -26 July 25, 2006 Page 6 C. "Site Plan for 231 housing units and a community building with pool, plans prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006, and July 17, 2007, with a revised grading plan dated July 24, 2006, with a Variance for building height for the condominium units consistent with the Building elevations prepared by Harriss Architects, stamped received May 26, 2006, subject to the following conditions: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The pool, including the pool deck, shall be relocated outside the 50 -foot setback from Lyman Boulevard. 3. Accessibility must 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. 4. Buildings over 8500 square feet of floor area are required to be protected with an automatic sprinkler system. For the purposes of this requirement property lines do not constitute separate buildings and the areas of basements and garages are included in the floor area threshold. 5. The buildings will be required to be designed by an architect and engineer as determined by the Building Official. 6. Demolition permits must be obtained before demolishing any structures on the site. Application for such permits must include hazardous substances investigative and proposed mitigation reports. 7. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 8. Walls and projections within three feet of property lines are required to be of one -hour fire - resistive construction. 9. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 10. A 10 -foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9 -1. 11. Yellow curbing and "No Parking Fire Lane" signs will be required. Contact Chanhassen Fire Marshal for exact location of yellow curbing and locations of signs to be installed. Mr. John Vogelbacher Lakeside — Planning Case 06 -26 July 25, 2006 Page 7 12. 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. 13. Temporary street signs shall be installed at street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire code Section 501.4. 14. Fire apparatus access roads shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all- weather driving capabilities. Pursuant to Minnesota State Fire Code Section 503.2.3. 15. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 16. Approved fire apparatus access roads (driveways) shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access roads shall comply with requirements of Section 503 and shall extend to within 150 feet of all portions of the facility or any portion of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building or facility. Exceptions: Fire Marshal is authorized to increase the dimension of 150 feet where the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. Pursuant to Section 503.1.1 2000 Minnesota Fire Code." D. "Conditional Use Permit for a recreational beach lot with a Variance from the requirement that 80 percent of the units within 1,000 feet of the recreational beach lot, plans prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006, subject to the following conditions: 1. A conditional use permit (CUP) shall be obtained from the City prior to the operation of a recreational beach lot. 2. The plans shall be revised to depict the OHW of Lake Riley, which is 865.3. All structures shall be located a minimum of 75 feet from the OHW. The proposed fire pit shall be located a minimum of 75 feet from the OHW and shall be buffered from the lake by vegetation. No grading or intensive clearing of vegetation shall occur within the shore impact zone (all areas within 37.5 feet of the OHW). 3. The area of Outlot B shall be recalculated to include only the area within the outlot above the OHW. The amount of shoreline for Outlot B shall be calculated along the OHW. The number of docks and slips permitted by the conditional use permit for the beach lot shall not exceed the number of docks and slips allowable by City Code for the actual beach lot area and frontage. Mr. John Vogelbacher Lakeside — Planning Case 06 -26 July 25, 2006 Page 8 4. All existing amenities and /or structures (including any docks, existing beach that is not proposed to remain and the boat launch) on Outlot B, North Bay shall be removed. A boat launch is not permitted. 5. The applicant shall work with staff on the design of and materials for proposed path from Lyman Boulevard to the dock to minimize the impacts of runoff from the path to the shoreline and Lake Riley. 6. The proposed walking path along the shoreline shall be made of a pervious surface such as mulch, crushed rock or turf grass and shall not be located below the OHW. Special attention shall be paid to ensure that the path materials are not prone to erosion. The plans shall be revised to show the woodland gardens above the OHW of Lake Riley. 7. An individual permit shall be obtained from the DNR for any beach sand applications that do not meet the DNR standards for sand blanket applications without an individual permit. 8. One beach area shall be permitted to minimize impacts to the lake and to adjacent residents. 9. The applicant shall work with staff on the placement of the beach lot infrastructure to preserve as many of the existing trees in that area as possible. A survey of the area with the tree locations will be required and used to facilitate tree preservation. The applicant shall also work with staff on the location of the woodland path and woodland gardens along the path." Enclosed is a site plan agreement that must be executed by Sienna Corporation. Return the agreement to me for city execution and recording at Carver County within 120 days of the approval (by December 1, 2006). If there is a separate property owner, they will need to sign the consent page at the end of the agreement. If there is a separate mortgage holder, they will need to sign the mortgage holder consent page. The required security specified in the site plan agreement shall be submitted prior to the city issuing a building permit. A copy of the executed agreement will be returned for your files. Demolition permits must be obtained before demolishing any structures on the site. Application for such permits must include hazardous substances investigative and proposed mitigation reports. Final plat documents must be submitted to the City three weeks prior to the City Council meeting in which you wish to have your final plat approved. Enclosed is the list of items required for submittal for final plat approval. Prior to beginning any site grading or utility construction, you must receive approval from the City of Eden Prairie for grading into the Outlot for Bearpath 3` Addition and provide the City of Chanhassen with confirmation of such approval. In addition, you will need to either execute the site plan agreement or the development contract before beginning site development. Mr. John Vogelbacher Lakeside — Planning Case 06 -26 July 25, 2006 Page 9 If you have any questions or need additional information, please contact me at (952) 227 -1131 or bgenerous@ci.chanhassen.mn.us Sincerely, Robert Generous, AICP Senior Planner Enclosures c: Steve Liefschultz, Lakeview Hills, LLC Janet Jeremiah, City of Eden Prairie (with plans) ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistance City Engineer Todd Gerhardt, City Manager Jerry Mohn, Building Official g: \plan\2006 planning cases \06 -26 lakeside \approval letter.doc