PC Minutes 08-20-2013Chanhassen Planning Commission – August 20, 2013
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
PUBLIC HEARING:
LAKE ST. JOE’S COVE, PLANNING CASE 2013-18: REQUEST FOR PRELIMINARY PLAT
REVIEW OF 4.04 ACRES OF PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF)
LOCATED EAST OF CHANHASSEN CITY LIMITS, AND SOUTH OF THE CIMMARON
SUBDIVISION BETWEEN KINGS ROAD AND MILL CREEK LAND. APPLICANT: STS
PROPERTY, LLC. OWNER: JERRY & KRISTIN KORTGARD.
Generous: Thank you Chairman, commissioners. Planning Case 2013-18, Lake St. Joe’s Cove, STS
Property, LLC is the applicant. It is a request for subdivision approval, or preliminary plat approval. It
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meets tonight with the Planning Commission. It’s scheduled for City Council on September 9. Again
the request is for preliminary plat approval for 8 lots, 1 outlot and public right-of-way for single family
detached homes. Property is located on the western boundary of the city of Chanhassen with Victoria and
just between Mill Creek and Kings Road. South of the Cimarron development and when that project
came in, at that time we did a, ghost platted this property to see how the potential subdivision would work
and this follows that closely so it was just an extension of the roads down and the utilities that were
established in Kings Road are extended down as part of the project. Like I said, the project includes 8
single family lots and 1 outlot. There is a stormwater pond that was built as part of the Cimarron
development. There is some expansion that will be done as part of this development to meet stormwater
purposes. They will be platting the Mill Creek Lane and Kings Road right-of-way as part of the
subdivision. I should note that before tonight’s meeting I did hand out 3 sheets to you. The first one, I
changed the word subdivision to preliminary plat on pages 1 and 9 of the report as part of the
recommendation. Then on page 2 of the Findings of Fact I changed the word subdivision to preliminary
plat also so. However when this does go to City Council they are, will be requesting and preliminary and
final plat approval because they have all the drawings are pretty well clean. As part of the street plan for
this development it will be a public street meeting all the requirements of the city ordinance. It’s about,
steepest point in this is 4.6% slope and our city code would allow up to 7% slope on a public street. On
the northwest corner of Lot 4, Block 3 we are requesting that they provide an easement. Access easement
for the property in Victoria. As you can see on this drawing there’s a driveway that comes out there.
There is another property just to the north that access but that’s into the public street so we won’t need
any private easements put in place. Utilities will be extended. The sewer will be extended to the west. It
comes down Kings Road and so gravity will take it that way and as part of this they also will be looping
the water system from Mill Creek Lane to Kings Road. Stormwater plan, they will be expanding the
stormwater pond and then putting in any street improvements for conveying the storm water to that pond.
The grading plan, they are mass grading the site in preparation for the development of the individual lots.
As part of that they will be removing significant amount of trees. Erosion control plan is in place, or is
designed. As part of their approval they need to come up with a SWPPP plan which is Surface Water
Pollution Prevention. As part of the landscaping plan they did show that they’re removing most of the
trees on this site as part of the subdivision process because of the location of the road and the house pads.
It’s very, almost impossible to preserve anything and so they’re just going forward and doing the
complete replacement there. However we should point out to the north that land will remain natural. It’s
a wetland complex and so all that area will remain in place. Staff is recommending approval of the
preliminary plat subject to conditions of the staff report and adoption of the Findings of Fact and
Recommendation. With that I’d be happy to answer any questions.
Aller: Park is covered by the Roundhouse Park?
Generous: Yes. They’ll be paying fees in lieu of land dedication.
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Chanhassen Planning Commission – August 20, 2013
Yusuf: With the tree removal and replacement, do you feel comfortable with the erosion prevention plan?
Fauske: Typically the developers and the developer’s engineers are willing to work with staff. It’s just a
matter of insuring that it’s compliant with the State regulations so we’re at a comfort level that we believe
that they will come into compliance.
Yusuf: Okay.
Hokkanen: And is it 7 lots or 8 lots? Of buildable and one outlot.
Generous: It’s 8 lots. Lot 2, Block, Lot 1, Block 2 is on the west side of Mill. It was actually platted as
an outlot with the Cimarron development because they couldn’t get the street down to service that
property. It’s just to the north of that stormwater pond in the southeast corner of the plat.
Hokkanen: Okay.
Aanenson: 4 on the bottom, 3 above the road and then the one on the.
Hokkanen: I just read somewhere in here it said 7 so.
Generous: Yeah that was their application said that.
Hokkanen: Yeah, okay. I thought.
Aanenson: Good catch.
Hokkanen: Just double checking.
Aller: Any other questions at this point? None. Okay. Would the applicant like to step forward and
make any presentation he wishes to do at this time?
Steve Kroiss: Yes, my name is Steve Kroiss. Representative for STS Property.
Aller: Welcome sir.
Steve Kroiss: Excited to be back in front of you with another project in Chanhassen. I don’t really have
anything else to add but I have my engineer here, Dan Schmidt if you have any technical questions or
anything else I can answer.
Aller: I guess overall you had an opportunity to read the report. You’re working with staff. You know
that there’s approximately 56 plus or minus conditions here. Are there any that you’re concerned about
being able to meet?
Steve Kroiss: Oh nothing that we’re concerned about being able to meet. We are going to work with
staff, because we have talked with the neighbor, the Clymer’s which would be just to the north on Mill
Creek about, we’re going to be grading into their yard and about saving some of those trees and spading
them and hopefully come up with possibly a new landscape plan that they’ll be happy with. I mean we
can either replace the trees as we have but there’s some nice trees there and we’d like to save them and
they’d like to save them.
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Chanhassen Planning Commission – August 20, 2013
Aller: Sure.
Steve Kroiss: Other than that I don’t think there was any of the conditions that we had any issue with.
Aller: Great. Can you tell us a little bit about the properties that you’re going to be building or are you
actually doing the construction?
Steve Kroiss: We are also a builder. We develop properties and we build on them. We currently have a
project off of Galpin Road called Wynsong which we had approved earlier this year. Housing in this
project will be a little less expensive. Probably my guess is in that $700,000 to $900,000 range. At this
point we’re excited to look for some new lots because we’re out of lots in Chanhassen so we’re going to
try to get this done this fall and get a house up for next spring.
Aller: Wonderful. Any other questions from any commissioner? Thank you sir.
Steve Kroiss: Thank you.
Aller: With that I’ll open the public hearing. Anyone wishing to speak either for or against the proposal
before us today? Good evening sir.
Rick Berland: I’m not for or against. Hi, my name is Rick Berland. I’m a neighbor and I’m just curious,
I don’t understand from any of these maps, I can’t see them that well, exactly where this is. I’m not for it
or against it. I just, we came just because we wanted to, is it west of the parkway?
Generous: Yes.
Rick Berland: How far west? How many blocks?
Generous: It’s at the end of Kings Road, if you know where Kings Road is.
Rick Berland: At the end of it, yeah I know where Kings Road is.
Generous: Yeah, and then you go down and it turns to the south and then it goes.
Rick Berland: I can show you on the way home.
Mrs. Berland: We just thought it was on the parkway.
Aanenson: No, it’s behind.
Rick Berland: Because there’s a sign, a property for sale. We were just curious that’s all.
Aller: Well welcome. Thanks for coming. Any other individuals wishing to speak either for or against
or just wanting to visit. Seeing no one come forward, close the public hearing. Any questions,
comments from any of the commissioners? Think it’s pretty straight forward. Looks like a good project.
Hokkanen: Nice project.
Weick: I would echo the question that was put forth though on the erosion that’s all. That would be my
only, it seemed like they were taking out a lot of trees and then putting them all in one place and so I trust
that obviously erosion concerns will be addressed. That would be my only concern.
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Chanhassen Planning Commission – August 20, 2013
Aller: Yeah, and this is a preliminary plat review so this is going to go to the City Council, in fact they’ll
probably be looking for the final at that time so there’ll have better drawings and a better understanding of
what they’re going to have at that time.
Aanenson: I was just going to point out for some of the new planning commissioners too, engineering
always has a pre-construction meeting too and so we also have someone that is from the soil district too
also that’s at that meeting to go over where the erosion control would go so that’s, point well taken yeah.
I mean you’ve got a beautiful wetland behind you that will always be preserved. It’s fantastic views so
that’s something that engineering will make sure during the pre-con and before they can proceed they
make sure that that’s all in place before they grade so, that’s a good question though just so everybody
knows, that’s one of the things that we do.
Aller: Yeah, I would think that part of the value of these properties is that view and the wetlands so you
want to maintain it. Any other comments?
Yusuf: None right now.
Aller: I’ll entertain a motion.
Yusuf: I’ll make a motion.
Aller: Okay.
Yusuf: I propose that the Chanhassen Planning Commission recommends approval of the Lake St. Joe’s
Cove preliminary plat subject to the conditions of this report and adoption of the Findings of Fact and
Recommendation.
Aller: Have a motion. Do I have a second?
Tennyson: Second.
Aller: I have a motion and a second. Any further discussion? Comment?
Yusuf moved, Tennyson seconded that the Chanhassen Planning Commission recommends the City
the preliminary plat subject to the following conditions and adoption of the
Council approve
attached Findings of Fact and Recommendation:
Building Official:
1. Provide a 1:200 “clean” plat drawing.
2. Demolition permits are required for the removal of any existing structures.
3. Submit proposed street-name(s) to Building Official and Fire Marshal for approval.
4. Buildings may be required to be designed by an architect and/or engineer as determined by
the Building Official.
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Chanhassen Planning Commission – August 20, 2013
5. A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
6. Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
7. Each lot must be provided with separate sewer and water services.
8. The applicant and/or their agent shall meet with the Inspections Division as early as possible
to discuss plan review and permit procedures.
Engineering:
9.Access to the properties in Victoria must be maintained.
10.The plat delineates the 10-foot easement at the front and back of the lots, and a 5-foot
easement at the sides of the lots, but the plat must call them out as a “drainage and utility
easement.”
11.Plat must dedicate driveway access easement on Lot 4, Block 3 for access to the property in
Victoria.
12.The easement between Block 1, Lot 1 and Block 1, Lot 2 must provide enough room to
excavate the pipe for maintenance at a 1:1.5 slope.
13.The easement at the northeast corner of Block 3, Lot 1 must provide enough room to
excavate the pipe for maintenance at a 1:1.5 slope.
14.The plat document must be amended to include Outlot B, which is shown in the plans.
15.The survey of the existing property shows contour lines in the Cimmaron development north
of Lake St. Joe’s Cove, but it must also show all existing buildings and driveways 100 feet
beyond the property boundary.
16.The grading plans must show the benchmark elevation used for the survey.
17.In the relatively flat areas, such as the swale that directs water to Catch Basin 6, the grading
plan must show spot elevations and flow arrows to indicate the direction of the water.
18.The 15-inch storm sewer pipe from CBMH1 to the existing structure shall be constructed
with a minimum 0.70 % slope.
19.The existing storm sewer manhole on Outlot A, Cimmaron Addition must be replaced to
include a 3-foot sump.
20.The property owner at 7040 Mill Creek Lane must agree to any work being done on his or
her land. The proposed grading on this property must also be included in the grading plan.
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Chanhassen Planning Commission – August 20, 2013
21.The slopes must be less than 3:1. The developer’s engineer must revise the grading on
Outlot A and Block 3 to meet this standard.
22.The contours show water flowing to the northeast corner of Block 1, Lot 1. The developer’s
engineer must revise the grading or mark the elevation at the building corner to direct water
flow away from the structure.
23.The driveway grades on Block 1, Lot 2 and Block 3, Lot 3 must be revised so that the grade
does not exceed 10% at any point on the driveway.
24.An escrow (110% of the estimated erosion control for this development) is required before
site grading begins.
25.The following materials are prohibited for retaining wall construction: smooth face, poured-
in-place concrete (stamped or patterned concrete is allowed), masonry, railroad ties or
timber.
26.Walls taller than 6 feet shall not be constructed with boulder rock.
27.The grading behind the retaining wall must be modified so that water will not drain down the
face of the wall.
28.A Homeowners Association shall be created to take ownership of the retaining wall.
29.The plans must annotate the width of the roadway, sidewalks, and the right-of-way.
30.The plans must show the station where the new construction ties in to the existing road as
well as the limits of construction.
31.The plans must include erosion control measures to the limits of construction.
32.The developer’s engineer must revise the grades of the driveway at Block 1, Lot 2 and Block
3, Lot 3 to be between 0.5 and 10.0% at any point on the driveway.
33.The driveway on Block 3, Lot 4 must be moved out of the 10-foot side yard setback.
34.In the submitted plans, the pipe length in the profile view does not match the length of pipe
in the plan view. This must be revised so the plans are consistent.
35.The watermain will connect the stubs at Kings Road and Mill Creek Lane to create a loop.
36.At the time of the final plat, the assessment for Minnewashta Parkway improvements plus the
additional accrued interest must be paid or reassessed.
37.Water and sewer hookups are due at the time of final plat. The hookup fees will be assessed
at the rate in effect at that time.
Fire Marshal:
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Chanhassen Planning Commission – August 20, 2013
38.Proposed fire hydrant(s) location is acceptable.
39.No burning permits will be issued for tree/brush removal. They must be chipped or hauled
away.
40.Prior to new home combustible construction fire hydrants must be made serviceable.
41.Prior to new home construction fire apparatus access roads capable of supporting the weight
of fire apparatus shall be made serviceable.
42.A three-foot clear space must be maintained around fire hydrant(s).
Natural Resource Coordinator:
43.The trees should be field located as to allow for a 20-foot wide access to the pond. The
applicant shall work with staff to delineate a clear zone to the pond.
44.Tree protection fencing shall be installed at the edge of grading limits near preserved areas of
trees.
Parks and Recreation:
45.In lieu of parkland dedication and/or trail construction, full park dedication fees shall be
collected at the rate in force at the time of final plat approval. At today’s rate, these fees
would total $46,400 (8 lots x $5,800 per lot).
Water Resources Coordinator:
46.Wetland must be shown at the 948 foot contour and the 25-foot buffer and 30-foot setback
must be shown accordingly.
47.All wetland and buffer areas not within an outlot must be contained within a drainage and
utility easement.
48.Wetland buffer signage must be shown on the plan and installed concurrently with the
erosion prevention and sediment control practices.
49.The applicant must apply for and receive a General Permit to Discharge Stormwater
Associated with Construction Activity Under the National Pollution Discharge Elimination
System/State Disposal System
50.The applicant must provide a standalone Storm Water Pollution Prevention Plan (SWPPP)
containing the required elements as detailed in the above permit to the city prior to any earth-
disturbing activities.
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Chanhassen Planning Commission – August 20, 2013
51.A dewatering plan must be provided to the city and at least 48-hours notice given prior to
drawing down the existing pond for the purpose of installing the infiltration bench. This
dewatering plan shall be incorporated into the SWPPP.
52.The details must be changed to reflect the most up-to-date city standard details.
53.The invert elevation at the downstream end of the storm sewer pipe from CBMH 1 to the
existing manhole shall be lowered to an elevation that allows for a greater slope than the
immediately upstream pipe run.
54.The applicant’s engineer shall move the filtration bench to the west side of the pond outlet
for improved maintenance access. If this is not practicable from an engineering perspective,
supporting documentation must be provided to and agreed upon by the city.
55.A twenty (20) foot wide maintenance access which allows cross slope meandering shall be
shown on the plan and provided for during construction.
56.SWMP Fees totaling $15,646.50 shall be provided to the City with final plat.
All voted in favor and the motion carried unanimously with a vote of 7 to 0.
APPROVAL OF MINUTES: Commissioner Undestad noted the verbatim and summary Minutes
of the Planning Commission meeting dated July 16, 2013 as presented.
CITY COUNCIL ACTION UPDATE.
Aanenson: I was going to mention that I did sign everybody on the Planning Commission up for the
Planning Commission Journal so if you have problems getting it to your website let me know or Kim and
we’ll get you on there but it’s a great read. Apologize it took me so long to get that going but I think this
is really good for planning commissioners, some good articles in there so hopefully you’ll take the
opportunity to read that. I’ll go right into City Council update if that’s alright.
Aller: Yep.
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Aanenson: So on the 22 they approved the Preserve 5 Addition for final plat and the development
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contract. The Preserve 5 was approved and then was sold to a different developer so now there’s
different builders in that development there. That coincided with, we need to be attached with the
Jeurissen plat to go forward, the Preserve also needed to be given final plat approval so they’re pretty
close to beginning grading out there now so the council did approve the Jeurissen and Camden Ridge is
also coming back in too so they’ll get their grading going and they’re hoping to get some utilities and
hopefully if they can see it through November, get some roads up in there so that project’s underway.
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And then on the 12 they approved the summary ordinance for the Met Council did approve the land use
amendment for the apartments so that project is, should be coming forward for a site plan agreement.
Everything’s put in place for that. Once that’s close to be executed we’ll let everybody know. I know the
neighbors are curious about that too so we’ve committed to let them know. We’ll also let you know too
when that gets signed. They did approve the variance for the Carver Beach Road. The neighbors did
appeal that one and unfortunately on that circumstance, as we alluded to before, they had a reasonable
right and the Planning Commission and the council also felt that was reasonable size so then the Bluff
Creek Cottages was also approved and that was the second iteration we’ve seen of the senior living
project so they would like to get going on that too. So that’s just the site plan agreement on that so they’ll
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