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PC SUM 2004 02 17CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES FEBRUARY 17, 2004 Chairman Sacchet called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Uli Sacchet, Steve Lillehaug, Craig Claybaugh, Bethany Tjornhom, and Rich Slagle STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Matt Saam, Assistant City Engineer PUBLIC PRESENT FOR ALL ITEMS: Debbie Lloyd Janet D. Paulsen 7302 Laredo Drive 7305 Laredo Drive PUBLIC HEARING: REOUEST FOR SETBACK AND LOT COVERAGE VARIANCES TO PERMIT THE EXPANSION OF A SINGLE FAMILY HOME ON A 0.27 ACRE LOT ZONED RSF LOCATED AT 3637 SOUTH CEDAR DRIVE, TOM AND JACKIE JOHNSON, PLANNING CASE No. 04-07. Public Present: Name Address Dave Bangasser 3633 South Cedar Drive Bob Generous presented the staff report on this item. Commissioner Claybaugh asked for clarification regarding square footage of the side yard variance, the dates for variances granted in the neighborhood, and minimum square footage requirement for ramblers. Commissioner Lillehaug asked for clarification on the variances in the area, if it wasn't a necessary variance on new construction but an existing variance. In other words, a lot of variances are just simply approved because they were already non-conforming and it was simply because they were non-conforming but not part of any new construction or expansion. He asked staff to explain Finding A that indicates the use of the existing garage which is currently non-conforming. It appears to be a reasonable request. Commissioner Slagle asked if variances granted in the last few years were on sub- standard lots. Commissioner Tjornhom asked for clarification regarding impervious surface and deck. Chairman Sacchet asked staff to point out the 75 foot shoreland setback line on the plan and if there were any other variances that have been granted that would provide precedence for this request. Dan Anderson addressed the issues of hard surface coverage and the need for the side yard variance from an interior design standpoint. Commissioners asked the applicant to clarify some interior design features Planning Commission Summary - February 17, 2004 and their positioning, i.e. the stairs and kitchen cabinetry. Commissioner Lillehaug asked the applicant to explain why he can't move the kitchen wall in 2.6 feet. Commissioner Slagle asked for the applicant's thoughts on the deck as far as falling within either the setback or reaching some type of compromise with the staff' s recommendation and your proposal. Chairman Sacchet opened the public hearing. Dave Bangasser, 3633 South Cedar Drive, the neighbor directly east of the subject site. He stated their property has been in his wife's family for about 60 years. Generally they are very positive about the plan, except for the location of the deck being 5 feet from their property line. He also expressed concern about an evergreen which would have to go if the deck was built as proposed. Basically they support all the variances except the side yard setback. Chairman Sacchet closed the public hearing. During commission discussion, Commissioner Lillehaug asked for clarification on the deck and encroachment of the deck, as well as the eaves into the side yard setback. Commissioner Claybaugh asked the applicant to comment on the status of the evergreen tree. Lillehaug moved, Claybaugh seconded that the Planning Commission recommends denial of the side yard, shoreland and lot coverage variance and recommends approval of a 19.3 foot front yard setback variance to permit a 10.7 foot front yard setback for the expansion of the house at 3637 South Cedar Drive, based on the findings of fact in the staff report and subject to the following conditions: The impervious surface shall be reduced to less than the current 43.9 percent impervious surface. The driveway shall be removed and re-vegetated as shown on the attached "Impervious Surface Reduction" schematic to achieve a reduction in the impervious surface. Tree protection fencing must be installed prior to any work commencing around all trees near the construction limits. Fencing shall remain in place until all construction is completed. The applicant shall work with staff to provide a vegetative buffer between the principle structure and Lake Minnewashta. 4. Permits must be obtained before beginning construction, alterations or demolition. The tower and other elements of the project which are beyond the scope of Chapter 9 of the Minnesota State Building Code must be designed by a licensed engineer. o The applicant shall fully preserve the evergreen located to the east of the deck. 2 Planning Commission Summary - February 17, 2004 All voted in favor, except Slagle and Tjornhom who opposed, and the motion carried with a vote of 3 to 2. Since it was not enough of a majority vote, the item automatically goes to City Council for review. Chairman Sacchet summarized the Planning Commission's concerns as, the vote of 3 to 2 is that they do agree with the front yard setback. They consider that a reasonable use. They do not agree with the variance on the side yard setback because there are ample possibilities to mitigate that, as well as with the deck. Definitely want to have the coverage reduced, not increased. That's the one area where they can mitigate the non-conformance, the shoreland setback is the most sensitive in terms of the nature. There was a concurrence to save the evergreen to the east of the deck. Commissioner Claybaugh clarified his position on the garage depth of 24 feet. It's less a function of the garage depth and more a function of making the bedrooms above it work out. As such he doesn't have reservations about that. Commissioners Slagle and Tjornhom stated they were in concurrence with the application. It seemed that the neighbor, the applicant and the builder were willing to work together to reach a reasonable agreement. Commissioner Lillehaug clarified that with the eaves, it would be a request for a 3 foot 6 inch encroachment into the setback. PUBLIC HEARING: REQUEST FOR A COMPREHENSIVE LAND USE AMENDMENT FROM OFFICE INDUSTRIAL TO OFFICE; AND A REZONING FROM A2 TO OFFICE INSTITUTIONAL FOR PROPERTY LOCATED EAST OF GALPIN BOULEVARD AND NORTH OF LYMAN BOULEVARD, 1SD #112, PLANNING CASE NO. 04-08. Public Present: Name Address Rod Franks Paul Schlueter Ben Merriman Bev Stofferahn Ellen Rawson Lori Juelich Karen Kennedy Gary Feldick Gene Kruchoski Peggy Emerson 8694 Mary Jane Circle 427 Campfire Cv, Chaska 8156 Mallory Court 8123 Marsh Drive 2266 Boulder Road 2246 Stone Creek Lane East 2051 Boulder Road 2231 Boulder Road 2030 Boulder Road 8409 Stone Creek Court Kate Aanenson presented the staff report on this item. Commissioner Slagle asked for clarification on what's allowed in the proposed zoning district. He also asked if there were any concerns with a school being located next to a sub-station. Chairman Sacchet asked if the 95 acres of industrial land was going to be replaced somewhere else in the city. Bev Stofferahn, Superintendent of District 112, spoke on behalf of the school Planning Commission Summary - February 17, 2004 district. She explained that the purchase agreement culminates over a 2 year process of trying to find land specifically within Chanhassen that (a), the taxpayers could afford and would be willing to support, and (b), could support a secondary school down the road. Chairman Sacchet opened the public hearing. Lori Juelich, 2246 Stone Creek Lane East which is across the railroad tracks from the proposed school site, stated her support for a secondary or middle school being built on this property and would prefer to have a school on this site rather than industrial. Her concerns was with secondary schools there tends to be a 2 mile walk zone and with children crossing the railroad tracks. Karen Kennedy who lives in Stone Creek expressed her support for the school on this site but asked for clarification on the request for a change in zoning. Chairman Sacchet closed the public hearing. Claybaugh moved, Lillehaug seconded that the Planning Commission recommends approval of the Land Use Amendment to Office/Industrial and Office/institutional, subject to the attached Findings of Fact. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT TO INCORPORATE THE PROPERTY IN THE CURRENT METROPOLITAN URBAN SERVICE AREA (MUSA); A REZONING FROM A2, AGRICULTURAL ESTATE DISTRICT TO RSF, SINGLE FAMILY RESIDENTIAL DISTRICT; SUBDIVISION APPROVAL TO CREATE 61 LOTS (48 IN CHANHASSEN), 3 OUTLOTS (ONE IN CHANHASSEN), AND PUBLIC RIGHT-OF-WAY WITH A VARIANCE FOR STREET WIDTH; AND A WETLAND ALTERATION PERMIT TO FILL AND ALTER WETLANDS ON SITE, ON 55.6 ACRES (44.6 ACRES IN CHANHASSEN), LOCATED SOUTH OF PIONEER TRAIL AND EAST OF THE HENNEPIN COUNTY REGIONAL TRAIL, THE PEMTOM LAND COMPANY AND BEATRICE ZWIERS, SETTLERS WEST, PLANNING CASE NO. 04-05. Public Present: Name Address Tim & Janet Heady Dan & Val Tester Byron Dickinson Brian Johnson Justin Larson Gerard & Martha Clark Mark Danielson Jim Rea 19019 Vogel Farm Trail, Eden Prairie 230 Flying Cloud Drive 18921 Explorer Trail, Eden Prairie 18924 Explorer Trail, Eden Prairie 4942 41st Avenue South, Minneapolis 18956 Dorenkemper Place, Eden Prairie 9751 Meadowlark Lane 18492 Pathfinder Drive, Eden Prairie 4 Planning Commission Summary - February 17, 2004 Kate Aanenson provided background information and Bob Generous presented the staff report on this item. Commissioner Slagle asked what park facilities are in the area and asked for clarification on the sidewalk circulation. Commissioner Tjornhom asked for clarification on the erosion control and pre-treatment of storm water runoff. Commissioner Claybaugh asked how the grading plan relates to tree canopy loss. Commissioner Lillehaug asked staff to explain why after the Planning Commission had recommended changing the ordinance to a 31 foot roadway width, why they were recommending a smaller roadway width in this case. He also wanted to comment that he can't give any quality comments or ask any questions about a plan just received 5 minutes ago. Chairman Sacchet asked how the trees could be preserved and if with the amount of trees being removed and the amount of fill being brought in, if the bluffs were going to be unstable. Commissioner Claybaugh asked if there was an engineer's recommendation or statement with respect to the stability of the soil beyond just standard soil compaction and if the project had been looked at to be completed in phases. He also asked staff to address the issue of snowplowing and road maintenance and how that would be handled with the City of Eden Prairie. Dan Herbst, with Pemtom Land Company, 7640 Crimson Bay in Chanhassen introduced Justin Larson from Sathre- Berquist and one of his custom builders, Chris Thompson from Settlers Ridge. He stated they would not do a full presentation tonight but were looking for input from the Planning Commission and public. Commissioner Slagle asked the applicant if he's considered a park and where that might go. Commissioner Lillehaug asked for clarification on the amount of right-of-way. Chairman Sacchet asked the applicant to clarify the amount of fill and tree loss. Commissioner Claybaugh asked for clarification on the cut and fill analysis. Chairman Sacchet opened the public hearing. Mark Danielson, 9751 Meadowlark Lane expressed his dissatisfaction with development in the area and traffic congestion, basically stating he was not in favor of this project. He has seen what development has done to wildlife patterns, traffic and noise. Kate Aanenson asked Matt Saam to comment on a traffic signal being installed at 101 and the implications of Highway 212 being built. Commissioner Slagle asked staff to investigate the possibility of having one access onto Pioneer Trail versus two access points so close together. Bill Hyman, an Eden Prairie resident at 18504 Overwood Trail stated, in speaking with many residents in the Settlers Ridge development, there was concern with the additional traffic burden, primarily within the development, stress put on their private park and pool, the political split between Chanhassen and Eden Prairie, Hennepin County, Carver County and Chaska School District and the Eden Prairie School District. He had concerns with the sight lines along Pioneer Trail and access into the site and safe trail connections. He believes that residents would very much like to see better trail connections to Chanhassen and to the LRT. Gary Clark, along with his wife Martha, just moved into Settlers Ridge in July. They were concerned whether or not the pond was going to stay. Debbie Lloyd, 7302 Laredo Drive asked if this item is tabled, would there be a public hearing at the next meeting. Chairman Sacchet stated they would continue the public hearing. Byron Dickinson, 8921 Explorer Trail in Eden Prairie expressed concern with the boundaries being created with the two different school districts and access to the private pool and park. He suggested creating two separate neighborhoods. Brian Johnson, 18924 Planning Commission Summary - February 17, 2004 Explorer Trail had concerns with the location of the bridge, turning lanes and access to the parks and LRT system. Jim Rea, 18492 Pathfinder Drive, Eden Prairie, being one of the first residents in the Settler Ridge development, stated Dan Herbst will do a good job with this development. However, he does not think the new neighborhood should be called Settlers Ridge, that access isn't adequate. He felt it makes more sense long term to develop this property from Highway 212 when the infrastructure is completed. Chairman Sacchet continued the public hearing to the next meeting. Commissioner Lillehaug asked that the following items be addressed by staff. Redefining the pipeline easement, working with Hennepin County to clarify the access situation with Pioneer Trail, meeting lot size requirements, taking into account the exclusion of bluff areas as staff indicated, and eliminate grading in all bluff areas. He supports the cul-de-sac islands but they must meet the right-of-way requirements, as well as minimum diameters of the cul-de-sacs to provide adequate and proper vehicle turn movements. He also stated he would like to see the the number of conditions reduced by half. Commissioner Slagle wanted to see an overall photo to show lots, parks, sidewalks, trails in the entire area. He also asked for a comparison between this development and Vasserman Ridge, Ashling Meadows, Stone Creek, Longacres as far as loss of tree canopy coverage before and after development, and a traffic study from Hennepin County. He also asked the developer to consider putting in a private park in this development, separate from Settlers Ridge. Chairman Sacchet stated, because of the narrowness of the road, the need for sidewalks, incorporating a park with the stand of trees, traffic concerns need to be addressed and surprise that a PUD and density transfer had not been explored. Lillehaug moved, Slagle seconded that the Planning Commission table review of the development for Settlers West to permit the developer to revise the plans and to address the following issues: Subdivision: The developer shall agree in writing to a waiver of the 60-day review period until revised plans have been submitted to the city. All lots shall maintain a minimum lot area of 15,000 square feet. Bluff areas may not be included in the minimum lot area. The developer needs to verify that lots 14, 15, 16, 26, 37, 38, 39, 47, 53 and 54 have 90 feet of frontage at the front setback line. The development of the property is contingent on Eden Prairie approving the subdivision within their jurisdiction. Without the road access and sewer and water service, this project would be premature. A joint powers agreement between the Cities of Eden Prairie and Chanhassen shall be established for the provision of services to the city. Planning Commission Summary - February 17, 2004 A trail shall be provided from the end of Settlers Court to the east property line which is the westerly boundary of the Richard T. Anderson Conservation area. Note on sheet 1 of 12 shall show Design Standards for Chanhassen's minimum lot width of 90 feet and minimum rear setback of 30 feet. The design standards should state a minimum lot depth of 125 feet, and a minimum bluff setback of 30 feet. The City of Chanhassen street standards are 60-foot right-of-way with 31-foot streets. Outlot C shall be extended across the easterly 50 feet of Lot 25 to connect the bluff area on the east side of the project into one outlot. The applicant shall revise the landscape plan to show a minimum of 290 trees to be planted. All trees shall be a minimum of 2" in diameter. 10. A minimum of three overstory trees shall be required in the front yard of each lot. 11 The developer shall be responsible for installing all landscape materials proposed in front, side and rear yard areas. 12. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall be in place and maintained until all construction is completed. 13 Any trees removed in excess of proposed tree preservation plans, dated 1/16/04, will be replaced at a ratio of2:1 diameter inches. If the grading plan is revised, the developer shall recalculate tree preservation. 14. The developer shall make a separate calculation of the tree removal proposed as part of the storm sewer installation down the bluff. These trees shall be required to be replaced at a ratio of 1.2:1 diameter inches. 15 All bluff areas shall be placed in an outlot and shall be covered by a conservation easement. The outlot may be dedicated to the City. 16. The grading plan shall be revised to show existing wetlands that are proposed to be impacted. 17. The applicant shall have Wetlands I and J field verified by City staff prior to the discharge of pretreated storm water into these basins. 18. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The replacement plans shall show fixed photo monitoring points for replacement wetlands. A five-year wetland replacement monitoring plan shall be submitted. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Planning Commission Summary - February 17, 2004 Wetland. The applicant shall be required to receive approval of a wetland replacement plan prior to wetland impacts occurring. 19. The developer shall evaluate the potential to mitigate for Wetland G on the northern portion of the site. 20. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around Wetlands E and G and wetland mitigation areas. A wetland buffer 10 to 30 feet in width (with a minimum average of 20 feet) shall be maintained around Wetlands I and J. (Those buffers considered for PVC shall maintain a minimum width of 16.5 feet.) Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 21. Bluff areas shall be preserved. In addition, all structures shall maintain a 30-foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). The plans shall be revised to eliminate grading within the bluff and bluff impact zone. A conservation easement shall be recorded over the bluffs and bluff impact zones. The developer shall work with staff to develop and install appropriate markers to demarcate the bluff impact zone. 22. The applicant shall work with City staff to develop a plan for bluff management. The plan shall include an assessment of the stability of bluff areas, an inventory of the discarded materials, a plan for the clean-up of bluff areas and a restoration plan for critical and/or severely eroded areas. The plan shall also address reclamation of the Moon Valley site. The bluff management plan shall be implemented prior to or concurrently with subdivision construction. 23. The lots abutting bluff areas (Lots 13 through 40 and 46 through 50) shall be graded to drain away from the bluff and bluff impact zone. In addition, a system of swales and storm sewer with surface inlets shall be designed and installed for the rear yards of the lots abutting bluff areas (Lots 13 through 40 and 46 through 50). The system shall be located between the building pad and the bluff impact zone on each lot. 24. The plans for the cross-country storm sewer on Outlot C shall include: the location of the dirt haul road through the woods (as identified on-site by City staff and Justin Larson of Sathre-Bergquist, Inc.); details on proposed vegetation and tree removal; temporary erosion and sediment control; permanent erosion control and revegetation; and construction phasing. 25. In-pond forebays shall be constructed in Ponds 2 and 3. Planning Commission Summary - February 17, 2004 26. Manholes with a two-foot sumps shall be installed as the last structures that are road accessible prior to discharge to each storm water pond. 27. Drainage and utility easements shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. A drainage and utility easement at least 20 feet in width shall be centered over any swales and/or storm sewer, including pond inlets and outlets. Slopes within the easements shall be gradual enough to permit access with heavy equipment. Easements shall also be required on the adjacent properties where the storm sewer is being routed and over the creek in which the storm sewer discharges. 28. Adequate, non-compacted topsoil shall be applied to a depth of at least 6 inches prior to the installation of permanent erosion control practices. 29. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: Type of Slope Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 30. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. 31. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $107,618. 32. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Lower Minnesota River Watershed District, Minnesota Pollution Control Agency, City of Eden Prairie) and comply with their conditions of approval. 33. The applicant will be required to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. The proposed ponds must be designed to National Urban Runoff Program (NURP) standards. 34. The storm sewer must be designed for a 10-year, 24-hour storm event. Submit storm sewer sizing calcs and drainage map prior to final plat for staff review and approval. Planning Commission Summary - February 17, 2004 35. 36. 37. 38. 39. 40. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100- year flood level. The minimum easement width shall be 20 feet. Because of the sensitive nature of the site, staff recommends that Type III silt fence be used around the perimeter of the entire site. In addition, tree preservation fencing must be installed at the limits of tree removal. Erosion control blankets are recommended for the steep slopes in the rear yards of Lot 7-12, 20-24, and Lot 30. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. A 75-foot minimum rock construction entrance must be added to the entrance that will be accessed during construction. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. 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 and traffic control plans. Add the following City of Chanhassen Detail Plates Numbers: 2201, 2202, 3101, 3102, 3104, 3107, 3108, 3109, 5200, 5203, 5205, 5300 and 5302. Revise the 100-scale plans so they are scalable. Permits from the appropriate governmental agencies must be obtained including: MPCA, Watershed District, Hennepin/Carver County. The walk-out elevation of Lots 42 and 43 must be a minimum of 3 feet above the HWL of Pond 3. 41. On the grading plan: 42. 43. 44. a. Show all existing and proposed utility and pond easements. b. Show the benchmark used for the site survey. c. Show the existing topography a minimum of 100 feet outside the property. d. Show the emergency overflow elevation and location between Lot 53 and 54. Show the off-site storm sewer in a minimum 100-scale plan. Revise the grading plan to minimize the amount of filling in the rear yards of Lots 20- 25 and Lot 30. The grading plan must be revised to decrease and/or eliminate the draining of storm water from Settlers West Road and Explorer Trail in Eden Prairie to the pond in Chanhassen. 10 Planning Commission Summary - February 17, 2004 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. A combination berm/swale and storm sewer system must be designed for the rear yards of the lots adjacent to the bluffs. The plans must be revised to maintain a 180-foot curve radius. A 5-foot wide concrete sidewalk must be added along Settlers West Road and Settlers Court. Fire hydrant spacing per the Fire Department is 300 feet. There are a couple of fire hydrants spaced at more than 400 feet. Please relocate and resubmit to the Fire Marshal for review and approval. Due to the fact that the new Settler West Road is almost a one-half mile dead end with a cul-de-sac turnaround, the proposed center island in the cul-de-sac is not acceptable and must be removed. Any vehicles parked in the cul-de-sac would prevent fire apparatus from turning around. Even attempting to negotiate these turnarounds proves difficult if not impossible under normal circumstances. Any trees removed must either be chipped or hauled off site. No burning permits will be issued. City of Chanhassen maps must be updated to show access to Settlers West Road due to the fact that it comes in from the City of Eden Prairie. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, Cable TV and transformer boxes. This is to insure fire hydrants can be quickly located and operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 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. Temporary street signs shall be installed at each street intersection when construction of roadways allows passage by vehicles in accordance with Section 505.2 of the Minnesota Fire Code. Submit revised cul-de-sac design dimensions to the City Engineer and Fire Marshal for review and approval. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. Demolition permits must be obtained prior to demolishing any structures on the site. As utility service will be provided by the City of Eden Prairie, responsibility for permits and inspections of the private sewer and water services must be determined. 11 Planning Commission Summary - February 17, 2004 Wetland Alteration Permit: 1. The grading plan shall be revised to show existing wetlands that are proposed to be impacted. 2. The applicant shall have Wetlands I and J field verified by City staff prior to the discharge of pretreated storm water into these basins. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The replacement plans shall show fixed photo monitoring points for replacement wetlands. A five-year wetland replacement monitoring plan shall be submitted. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. The applicant shall be required to receive approval of a wetland replacement plan prior to wetland impacts occurring. 4. The developer shall evaluate the potential to mitigate for Wetland G on the northern portion of the site. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around Wetlands E and G and wetland mitigation areas. A wetland buffer 10 to 30 feet in width (with a minimum average of 20 feet) shall be maintained around Wetlands ! and J. Those buffers considered for PVC shall maintain a minimum width of 16.5 feet. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City' s wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. Drainage and utility easements shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. A drainage and utility easement at least 20 feet in width shall be centered over any swales and/or storm sewer, including pond inlets and outlets. Slopes within the easements shall be gradual enough to permit access with heavy equipment. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: Type of Slope Time Steeper than 3:1 7 days 10:1 to 3:1 14 days (Maximum time an area can remain open when the area is not actively being worked.) 12 Planning Commission Summary - February 17, 2004 Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Lower Minnesota River Watershed District, Minnesota Pollution Control Agency, City of Eden Prairie) and comply with their conditions of approval. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES: Slagle moved to note the minutes of the Planning Commission meetings dated January 20, 2004 and February 3, 2004 as presented. Chairman Sacchet adjourned the Planning Commission meeting at 10:07 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 13