1. Fox Den Subdivision
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PC DATE: March 15,2005
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CC DATE: April 11, 2005
CITY OF CHANHASSEN
REVIEW DEADLINE: April 12, 2005
CASE #: 05-08
BY: Al-Jaff, MS, TH, LH, JS
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STAFF REPORT
PROPOSAL: Preliminary Plat with variances to Subdivide 2.77 acres into 6 single-family lots, Fox
Den.
LOCA TION:
North of Fox Hollow Drive, west of Highway 101, and south of Pleasant View Road.
APPLICANT:
Roger Bongard 0 ~
18195 County Road #30 \\ \..,0
New Germany, MN 55367-
(952) 353-2150
10 Spring, Inc.
622 West 82nd Street
Chaska, MN 55318
(952) 215-8535
PRESENT ZONING: RSF, Single Family Residential District
2020 LAND USE PLAN: Residential-Low Density (Net Density 1.2 - 4.0 units per acre)
ACREAGE: 2.77 Acres DENSITY: Gross 2.16 Units/Ac Net 2.8 Units/Ac
SUMMARY OF REQUEST: The applicant is requesting Preliminary Plat Approval to Subdivide 3.77
Acres into 6 single-family lots with a street width variance, Fox Den. Staff is recommending approval with
conditions. Notice of this public hearing has been mailed to all property owners within 500 feet.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City's discretion in approving or denying a preliminary plat is limited to whether or not the
proposed plat meets the standards outline-d in the Subdivision Regulations and Zoning Ordinance. If
it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial
decision.
The City's discretion in approving or denying a variance is limited to whether or not the proposed
project meets the standards in the Subdivision Ordinance for a variance. The City has a relatively
high level of discretion with a valiance because the applicant is seeking a deviation from established
standards. This is a quasi judicial decision.
Location Map
Fox Den
6500 Chanhassen Road
Planning Case No. 05-08
Fox Den Subdivision
Planning Case No. 05-08
March 15, 2005
Page 2
PROPOSAL~UMMARY
The applicant is proposing to subdivide 2.77 acres into 6 single-family lots. The property is zoned
RSF, Residential Single Family, and is located north of Fox Hollow Drive, west of Highway 101,
and south of Pleasant View Road.
The site contains a single family home which is proposed to be demolished.
Access to the site is currently
gained via a driveway off of
Highway 101. This dliveway
will be closed and a street off of
Fox Hollow D11ve will serve the
subject site. On April 16, 1984,
the City Council approved the
Fox Hollow Subdivision. The
plat included a 50 foot right-of-
way to facilitate the future access
into the subject site. As a result,
the street width of the cuI -de-sac
that will serve this site will
maintain a 50-foot width. The
city code requires 60- foot light-
of-way width. Staff directed the
applicant to apply for a street
width valiance. The roadway
width (31' back of curb to back of
curb) will comply with the city
code. All lots are proposed to be
served via proposed Fox Dri ve.
PLEASANT VIEW RD
Subject Site
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The average lot size is 15,452
square feet with a resulting gross
density of 2.16 units per acre and a net density of 2.8 units per acre.
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All of the proposed lots meet the minimum area, width, and depth requirements of the Zoning
Ordinance. Lots 1 and 4 meet the requirements of the ordinance; however, staff expressed concern
to the developer about the width of these lots. Specifically, both lots become extremely narrow
toward the rear lot line. The developer provided plans for a home that he has built in the past which
will fit on these lots without valiances.
There are no wetlands on the site. The site has some mature trees.
In summary, staff believes that the proposed subdivision is well designed. Minor revisions will be
required. We are recommending that it be approved with conditions outlined in the staff report.
Fox Den Subdivision
Planning Case No. 05-08
March 15, 2005
Page 3
PRELIMINARY PLAT
The applicant is proposing to subdivide a 2.77 acre site into 6 single-family lots. The density of the
proposed subdivision is 2.16 units per acre (gross) and 2.8 units per acre (net) after removing the
road. All the lots exceed the minimum 15,000 square feet of area, with an average lot size of 15,452
square feet.
All of the proposed lots meet the mmlmum width and depth requirements of the Zoning
Ordinance. Staff expressed concern about lots 1 and 4, specifically the width of these lots. The
applicant provided plans of a residence with a three car garage that will fit on these lots without
valiances. The applicant also provided hard surface calculations for Lot 4, Block 1 to
demonstrate that the impervious coverage will remain under 25%.
Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent
with the Zoning Ordinance.
WETLANDS
No jurisdictional wetlands exist on this property.
GRADING. DRAINAGE & EROSION CONTROL
Grading
The existing site has tree cover over approximately 1.5 acre of area. The plans propose to grade
about 80% of the site for the new house pads, public street and cul-de-sac. The proposed grading
will prepare the site for two look-out and four full basement house pads. The grading plan shows
that, on average, the pad areas are being filled three to five feet for the new homes. Also,
additional grading will take place south of the parcel to connect the proposed street with Fox
Hollow Drive and to expand the existing storm pond. Staff is recommending that a small (1'-3')
retaining wall be installed along the western light-of-way of Fox Dlive south of the site. This
will alleviate the steep slopes in the area and provide room for a boulevard area in back of the
curb for snow storage. The applicant must be aware that any grading on privately-owned
property will require a temporary easement. If importing or exporting matelial for development
of the site is necessary, the applicant will be required to supply the City with a detailed haul
route and traffic control plan.
Drainage
The existing site drains from the northwestern corner to the southeastern corner of the parcel.
Under developed conditions, all of the drainage from the house roofs, driveways and the cul-de-
sac will be conveyed via storm sewer to the existing stormwater pond. A storm water quality
pond exists adjacent to the site on Outlot A, Fox Hollow. Outlot A is owned by the City of
Chanhassen. Staff is recommending this pond be expanded to provide water quality treatment
for the proposed development. The pond should be maintained to ensure it meets the size and
volume standards to which it was oliginally designed. Any inlet and outlet structures on that
pond requiring maintenance or replacement should be maintained or replaced.
Fox Den Subdivision
Planning Case No. 05-08
March 15, 2005
Page 4
The existing outlet of this pond is a 24" corrugated metal pipe (CMP) with no trash guard or
skimmer to control potential floatables and it is not designed to prevent short-circuiting of the
system. An outlet meeting National Pollutant Discharge Elimination System permanent storm
water management system requirements (NPDES Permit MN R100001, Section C, Subsection
ID, Page 11 or 26) should be installed. The pond is required to be designed to National Urban
Runoff Program (NURP) standards.
The applicant has submitted drainage calculations for the site and only minor changes remain.
Plior to final platting, storm sewer design data will need to be submitted for staff review. The
storm sewer will have to be designed for a lO-year, 24-hour storm event. Drainage and utility
easements will need to be dedicated on the final plat over the public storm drainage system
including ponds and drainage swales up to the 100-year flood level. The minimum easement
width shall be 20 feet wide.
Grading and Erosion Control Note 15 states that dewatering will be done from the top of the
water column. A floating Faircloth skimmer or another preapproved method should be used.
The flow route, distance to receiving waters and name of receiving waters of the storm water
basin and dewatering activities are needed on the plan. A detailed dewateling plan is needed
with method, rate, and erosion and sediment control considerations, such as energy dissipation.
Erosion Control
Geotextile or gravel bed and liprap are needed for energy dissipation at the existing and
proposed flared-end inlets to the storm water pond and the outlet of the pond on the east side of
Hwy 101. If the right-of-way for Fox Dlive is going to be mowed within the first year, the
Category 3 blanket should be replaced with staked sod. The netting of the blanket could pose
problems for lawn mowing until the netting biodegrades.
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 year round, according to
the following table of slopes and time frames:
Type of Slope
Steeper than 3: 1
10:1 to 3:1
Flatter than 10: 1
Time
7 days
14 days
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 sUlface water.
Fox Den Subdivision
Planning Case No. 05-08
March 15, 2005
Page 5
Sediment Control
A detail for the catch basin (CB) sediment control is needed for the CB between Lots 2 and 3. A
Wimco-type inlet control is recommended. An alternative could be monofilament silt fence with
metal T -posts and 1 Yz" rock berm 2 feet high and 2 feet wide.
Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as-needed.
Surface Water Management Fees
Water Quality Fees
Because of the impervious surface associated with this development, the water quality fees for this
proposed development are based on single-family residential development rates of $1,093/acre.
Based on the proposed developed area of approximately 2.77 acres, the water quality fees associated
with this project are $3,028.
Water Quantity Fees
The SWMP has established a connection charge for the different land uses based on an average
citywide rate for the installation of water quantity systems. This cost includes land acquisition,
proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Single-
family residential developments have a connection charge of $2,705 per developable acre. This
results in a water quantity fee of approximately $7,493 for the proposed development.
SWMP Credits
This project proposes the expansion an existing NURP pond off-site. Because the pond is off-
site, it is not eligible for credit. However, credit will be given for the replacement of one outlet
structure ($2,500).
At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $8,021.
Other Agencies
The applicant 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 Permit), Minnesota Department of Natural Resources (for dewatering),
Minnesota Department of Health, Minnesota Department of Transportation) and comply with their
conditions of approval.
UTILITIES
The plans propose on extending the sanitary sewer from an existing sanitary manhole in Fox
Drive. Water will be extended from an existing watermain along the east side of the site and
looped with the watermain in Fox Hollow Drive. The sanitary sewer and watermains will be
considered public utility lines since they will serve more than one lot. As such, a minimum 20-
foot wide easement will be required over the watermain that is outside of the right-of-way.
Installation of the plivate service utilities for the site will require permits and inspections through
the City's Building Department.
Fox Den Subdivision
Planning Case No. 05-08
March 15, 2005
Page 6
According to the City's Finance Department records, the parcel was previously assessed for one
sanitary sewer hookup and that assessment has been paid. As such, the sanitary sewer hook-up
charge will only be applied to five of the six new lots. However, the water hookup charge will
still be applicable for each of the new lots. Since the developer will be responsible for extending
lateral sewer and water service to the lots, the sanitary sewer and water connection charges will
be waived. The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for water-
main. Sanitary sewer and water-main 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.
All of the utility improvements are required to be constructed in accordance with the City's latest
edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a
development contract with the City and supply the necessary financial security in the form of a
letter of credit or cash escrow to guarantee installation of the improvements and the conditions of
final plat approval. The applicant must be aware that all public utility improvements will require
a preconstruction meeting before building permit issuance. Permits from the appropriate
regulatory agencies will be required, including the MPCA, Dept. of Health, MnDOT, and
Watershed District.
STREETS
The plans propose to extend Fox Dlive from the south side approximately 370-feet ending with a
cul-de-sac. The required right-of-way for a new public street is 60-feet wide with a 60-foot
radius for cul-de-sacs. The existing platted right-of-way for Fox Drive south of the site is 50-
feet. For continuity with the existing Fox Dlive right-of-way, the applicant is proposing a 50-
foot wide street right-of-way and a 60-foot wide cul-de-sac radius. Staff is in favor of the
applicant's proposal for this right-of-way variance.
PARK DEDICATION
COMPREHENSIVE PARK PLAN
This site is wholly within the neighborhood park
service area of N011h Lotus Lake Park. This park
offers a wide Val1ety of amenities including tennis
courts, ball fields, a children's playground, picnic
shelter, lighted hockey and open skating rinks,
open space and a walking trail. Residents of Fox
Den will access the park via Fox Hollow Drive. It
should be noted that sidewalks are not available in
Fox Hollow. No additional parkland dedication is
required in this area of the City; therefore park
dedication dollars will be required in lieu of land
dedication for the five new lots (5 lots X $4,000
per lot = $20,000).
Park Service Area Map
Fox Den Subdivision
Planning Case No. 05-08
March 15, 2005
Page 7
COMPREHENSIVE TRAIL PLAN
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Three of the six lots (4, 5 and 6) have direct access to a section of the city's comprehensive trail
plan. This eight-foot wide city trail is located parallel to State Highway 101 on the eastern edge
of the subject property. The other three lots will access the trail via Fox Drive and Fox Hollow
Dlive. No additional trail construction is being recommended as a condition of this
development.
TREE PRESERV A TION/LANDSCAPING
Canopy coverage and preservation calculations have been submitted for the Fox Den
development. They are as follows:
Total upland area (excluding wetlands)
Baseline canopy coverage
Minimum canopy coverage allowed
Proposed tree preservation
2.77 ac. or 120,661 SF
56% or 67,110 SF
35% or 42,231 SF
19 % or 23,185 SF
Developer does not meet minimum canopy coverage allowed, therefore the difference between
the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required
replacement plantings.
Difference in canopy coverage (42,231-23,185) 19,046 SF
Multiplier 1.2
Total replacement 22,855 SF
Total number of trees to be planted 21 (22,855 + 1089)
Fox Den Subdivision
Planning Case No. 05-08
March 15, 2005
Page 8
The total number of trees required for the development is 21. Applicant has proposed a total of
20 trees. All replacements must meet minimum size requirements. No more than one-third of
the trees may be from anyone species. All 21 trees shall be planted within the proposed
development. A revised landscape plan will be required prior to final approval.
The subdivision is also required to have bufferyard plantings along Highway 101. Requirements
are as follows:
Location
Hwy. 101 - bufferyard B
- 20' width
240' length
Required
5 overs tory trees
7 understory trees
12 shrubs
Proposed
4 existing ash trees
4 overstory trees
3 evergreen trees
The applicant does not meet the minimum requirements for bufferyard planting along Highway
10 1. Staff recommends that the minimum quantities be met.
In reviewing the tree inventory, staff would like to note that many of the elm and boxelder trees
specified on the inventory are actually green ash. This makes a difference since green ash will
not succumb to Dutch elm disease as the elm will and it isn't considered an 'undesirable' tree as
boxelders are. For these reasons, preserving as many of these trees as possible will help to make
this development more appealing. Green ash are generally tolerant of construction and should do
well through the process.
Also of note on the tree inventory is the absence of some existing trees along the south property
line. At least 4 green ash, 2 of which are double-stemmed, are not shown on the tree inventory.
These trees are located between the existing shed and the south property line. These trees plus
trees #142-144 should be protected during construction and remain on site. Staff recommends
that the silt fence be installed in front of all of these trees plior to grading in order to preserve
them during development. When the building permit for Lot 1, Block 1 is submitted, these trees
will be re-evaluated for preservation.
The applicant is expanding the pond on city property and in doing so will be removing a number
of evergreen and deciduous trees. Staff recommends that the applicant be required to plant
boulevard trees along Fox Dlive and Fox Hollow Drive to replace the city trees lost. To create a
partial buffer for Highway 101, staff recommends that evergreens be considered for the
boulevard trees along Fox Dlive.
COMPLIANCE WITH ORDINANCE - RSF DISTRICT
Area (sq. ft.) Frontage (feet) Depth (feet) Setbacks:
front, side, rear
Code 15,000 90 125 30,10,30
L 1, Blk 1 17,567 93 257 30, 10, 30
L 2, Blk 1 15,014 93 @ front setback line 189 30,10,30
L 3, Blk 1 15,015 10 1 @ front setback line 166.5 30, 10, 30
L 4, Blk 1 15,065 90@ front setback line 242.5 30, 10, 30
Fox Den Subdivision
Planning Case No. 05-08
March 15, 2005
Page 9
Area (sq. ft.) Frontage (feet) Depth (feet) Setbacks:
front, side, rear
Code 15,000 90 125 30,10,30
L 5, Blk 1 15,041 90@ front setback line 191 30, 10, 30
L 6, Blk 1 15,014 90@ front setback line 152 30, 10, 30
ROW 27,945
Total 92,716
Average 15,452
@ Meets 90 foot width at the building setback line.
SUBDIVISION - FINDINGS
1. The proposed subdivision is consistent with the zoning ordinance;
Finding: The subdivision meets all the requirements of the RSF, Residential Single Family
District.
2. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision
ordinance.
3. The physical charactetistics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water
drainage are suitable for the proposed development;
Finding: The proposed site is suitable for development subject to the conditions specified in
this report
4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage
disposal, streets, erosion control and all other improvements required by this chapter;
Finding: The proposed subdivision is served by adequate urban infrastructure.
5. The proposed subdivision will not cause environmental damage;
Finding; The proposed subdivision will not cause excessive environmental damage subject to
conditions of approval. The proposed subdivision contains adequate open areas to
accommodate house pads.
6. The proposed subdivision will not conflict with easements of record.
Finding: The proposed subdivision will not conflict with existing easements, but rather will
expand and provide all necessary easements.
Fox Den Subdivision
Planning Case No. 05-08
March 15, 2005
Page 10
7. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
a. Lack of adequate storm water drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
d. Lack of adequate off-site public improvements or support systems.
Finding: The proposed subdivision will have access to public utilities and streets.
Sec. 18-22. Variances.
The City Council may grant a variance from the regulations contained in the subdivision
ordinance as part of the plat approval process following a finding that all of the following
conditions exist:
1. The hardship is not a mere inconvenience
2. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land;
3. The condition or conditions upon which the request is based are unique and not generally
applicable to other property;
4. The granting of a valiance will not be substantially detlimental to the public welfare and is in
accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive
plan.
Findin2: The applicant is requesting a street width valiance. This valiance was recommended
by staff. The ordinance requires a 60-foot right-of-way width. The plat reflects a 50-foot light-
of-way. This right-of-way is consistent with the existing right-of-way that will provide access to
this development.
RECOMMENDATION
Staff recommends the Planning Commission adopt the following motions:
PRELIMINAR y PLAT
"The Planning Commission recommends approval of the Preliminary Plat for Planning Case #5-08
for Fox Den for 6 lots with a variance for a 50 foot right-of-way width as shown on the plans
prepared by Otto Associates stamped "Received February 11, 2005", subject to the following
conditions:
1. The pond on Outlot A, Fox Hollow shall be maintained to ensure it meets the size and
volume standards to which it was originally designed. Any inlet and outlet structures on that
pond requiting maintenance or replacement shall be maintained or replaced.
Fox Den Subdivision
Planning Case No. 05-08
March 15, 2005
Page 11
2. An outlet meeting National Pollutant Discharge Elimination System permanent storm water
management system requirements (NPDES Permit MN R100001, Section C, Subsection ID,
Page 11 or 26) shall be installed at the outlet of the pond on Outlot A, Fox Hollow.
3. A floating Faircloth skimmer or another pre approved method should be used for dewateling.
The flow route, distance to receiving waters and name of receiving waters of the storm water
basin and dewatering activities shall be included on the plan. A detailed dewateling plan
with method, rate, and erosion and sediment control considerations, such as energy
dissipation, shall be provided.
4. Geotextile or gravel bed and riprap shall be provided for energy dissipation at the existing
and proposed flared-end inlets to the storm water pond and the outlet of the pond on the east
side of Hwy 101.
5. 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 year round,
according to the following table of slopes and time frames:
Type of Slope
Steeper than 3: 1
10: 1 to 3: 1
Flatter than 10: 1
Time
7 days
14 days
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, stOlID sewer inlet, temporary or permanent drainage ditch or other natural or man
made systems that discharge to a surface water.
6. A detail for the catch basin (CB) sediment control shall be provided for the CB between Lots
2 and 3.
7. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as-needed.
8. The applicant shall pay the total SWMP fee, due payable to the City at the time of final plat
recording. At this time, the estimated fee is $8,021.
9. The applicant 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 Permit), Minnesota Department of Natural Resources (for dewatering»
and comply with their conditions of approval.
10. Building Depat1ment conditions:
a. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
b. Demolition permits must be obtained prior to demolishing any structures on the site.
Fox Den Subdivision
Planning Case No. 05-08
March 15, 2005
Page 12
c. Existing wells on the site must be abandoned in accordance with State Law and City
Code.
11. Fire Marshal conditions:
a. No burning permits will be issued for trees to be removed. Trees and shrubs must either
be removed from site or chipped.
b. A lO-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.
c. Fire apparatus access roads and water supply for fire protection is required to be installed.
Such protection shall be installed and made serviceable plior to and during the time of
construction except when approved alternate methods of protection are provided.
d. Temporary street signs shall be installed on each street intersection when construction of
the new roadway allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code
Section 501.4.
12. Environmental Resources Coordinator Conditions:
a. Applicant shall revise landscape plan to show a minimum of 21 trees to be planted.
b. A minimum of two 2 Yz" deciduous, overstory trees shall be required in the front yard of
each lot.
c. No more than one-third of the required trees may be from anyone species.
d. Tree preservation fence shall be installed at the edge of the grading limits around all trees
proposed to be preserved prior to any grading.
e. Any trees proposed for preservation that are lost due to grading and construction
activities will be replaced at a rate of 2: 1 diameter inches.
f. All 21 trees shall be planted within the proposed development. A revised landscape plan
will be required prior to final approval.
g. A landscape buffer shall be planted along Hwy. 101 and include, at a minimum, 5
overstory trees, 7 understory trees and 12 shrubs.
h. Trees #142-144 and six green ash not shown on the tree inventory, located along the
south property line near the existing shed, shall be preserved.
1. The applicant shall plant boulevard trees along Fox Hollow Drive and Fox Dlive to
replace trees lost due to pond expansion. One tree shall be planted every 30 feet except
within the sight tliangle. Species selected shall be approved by the city.
13. On the Utility plan:
a. Show all easements.
b. Add a note "Any connection to existing structures must be core drilled.
14. Add the following City detail plates: 1005,2001,5300 and 5301.
15. If importing or exporting material for development of the site is necessary, the applicant will
be required to supply the City with a detailed haul route and traffic control plan.
Fox Den Subdivision
Planning Case No. 05-08
March 15, 2005
Page 13
16. The sanitary sewer hook-up charge will only be applied to five of the six new lots. The
water hookup charge will still be applicable for each of the new lots. Since the developer
will be responsible for extending lateral sewer and water service to the lots, the sanitary
sewer and water connection charges will be waived. The 2005 trunk hookup charge is
$1,458 for sanitary sewer and $2,955 for water-main. Sanitary sewer and water-main
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.
17. All of the utility improvements are required to be constructed in accordance with the City's
latest edition of Standard Specifications and Detail Plates. The applicant is also required to
enter into a development contract with the City and supply the necessary financial security in
the form of a letter of credit or cash escrow to guarantee installation of the improvements and
the conditions of final plat approval. The applicant must be aware that all public utility
improvements will require a preconstruction meeting before building permit issuance.
Permits from the appropriate regulatory agencies will be required, including the MPCA,
MnDOT, Watershed District and MDH.
18. A professional engineer registered in the State of Minnesota must sign all plans.
19. The applicant must be aware that any grading on privately-owned property will require a
temporary easement.
20. The applicant will be required to clean the existing stormwater pond after enlargements have
been completed.
21. Prior to final platting, storm sewer design data will need to be submitted for staff review.
The storm sewer will have to be designed for a lO-year, 24-hour storm event.
22. Drainage and utility easements will need to be dedicated on the final plat over the public
storm drainage system including ponds and drainage swales up to the 100-year flood level.
The minimum easement width shall be 20 feet wide.
23. Staff is recommending that a small (1 '-3') retaining wall be installed along the western light-
of-way of Fox Drive south of the site. This will alleviate the steep slopes in the area and
provide room for a boulevard area in back of the curb for snow storage.
24. A minimum 20-foot wide easement will be required over the watermain that is outside of the
light-of-way.
25. The developer shall pay full park dedication fees."
Fox Den Subdivision
Planning Case No. 05-08
March 15,2005
Page 14
A TT ACHMENTS
1. Development Application.
2. Affidavit of Mailing and Public Healing Notice.
3. Memo from Aaron Mlynek, Carver Soil and Water Conservation District, dated February 23,
2005.
4. Memo from Jason Ashline dated March 4, 2005.
5. Impervious Calculation Example for Lot 4, Block 1 and a floor plan.
6. Preliminary plat dated "Received February 11, 2005".
g:\plan\2005 planning cases\05-08 fox den\staff report pc,doc
CITY OF CHANHASSEN
7700 MARKET BOULEVARD
CHANHASSEN, MN 55317
(952) 227-1100
DEVELOPMENT REVIEW APPLICATION
os-ca
CITY OF CHANHASSEN
RECEIVED
FES 1 1 2005
CHANHASSEN PLANNING OEPT
APPLICANT: (() S P (2. t J'J, G. I f\1 G
I
ADDRESS: &> '2. -z.. 0. B -z..,-.ß s l'
c. l't A 5 L'-A [Vl t"-l S'~, l13
I
TELEPHONE (Day Time) <1 ;""2. - Z. t '5 ..... B '5 ~ S-
OWNER: R.D~ ~ 12- B <:) N 6A R.... D
ADDRESS: I ß I ~ 5' CO. i<.o. t:tSð
N E~ ~ET2.. r.Jili N1 ,["1N ~55C:.7
TELEPHONE: '1 5 "2. - '3 <; ~ - '2. i 5"0
Comprehensive Plan Amendment Temporary Sales Permit
Conditional Use Permit Vacation of Right-of-WayJEasements
X S6 ¡ R.C/.w < :I I"'7t¿hÞ
Interim Use Permit Variance C> t~ ,
Go
,
Non-conforming Use Permit Wetland Alteration Permit
Planned Unit Development* Zoning Appeal
Rezoning Zoning Ordinance Amendment
Sign Permits
Sign Plan Review X Notification Sign
.
X Escrow for Filing Fees/Attorney Cost**
Site Plan Review* - $50 CUP/SPRN ACN ARNIJ AP/Metes & Bounds
- $400 Minor SUB
X Subdivision* TOTAL FEE $
Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included
with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be
invoiced to the applicant.
II you would like the City to provide mailing labels, check this bO~
Building material samples must be submitted with site plan reviews.
*Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8W' X 11" reduced copy for
each plan sheet.
**Escrow will be required for other applications through the development contract.
NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application.
&CANNED
PROJECT NAME:
Fo)( 0E.K
LOCATION: (05 DC> c..H AN H A sse c-J. 1;2..0 AD
LEGAL DESCRIPTION: ¡...( 1/4 oç:- THE:. N\/-f or- S¿<:...TIO¡-.J. 1., jOLJt'i5l-ltp 1-1Jo
,
j~oa..T L-1 i {2..AN(;~ 2 '3> L,J~7í
. '
TOTAL ACREAGE: "'2.. 77
c:.. î T 't
oC: c..Hft¡-.Ll~ASSc¿H. ,c.!k{2..-..Lérz. <'OÙC-I'71 , Mf\.1
e .
X f NO
WETLANDS PRESENT:
PRESENT ZONING:- (2. S ç
REQUESTED ZONING: (2.
YES
PRESENT LAND USE DESIGNATION: l2..2.5tO¿r4Tfl{L.- SIN6L~ FI-\MlL.)' ....LouJ Def5¡. Ý
REQUESTED LAND USE DESIGNATION: i2. "'5 Del" 1'111 L - '5, N c;. to': FA M t L)'- LolA.} Dr .f}5it y
REASON FOR REQUEST: (þ SoßD/Vl S ION I [....LTO Ç;, LOTS
fj:) VA (2. I A l,t c.. c.¿ Fe:> R '5' 0 i
.
~ I C> H T c> F Lv ¿t Y .:c: I'" '5 TeA D 0 F <Ô6
A r? r, 15 fCO/_
íH~ E.K.t5îlNb FO,<... l-+OLL~L..J 1,.0. ~~ ..J
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the
Planning Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
t will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
~ Ii (:) ( CP 5'
'Date
2 (10/8>
Date
Application Received on ~
Fee Paid
úD
~ 7 £5,
Receipt No. E E/5 8 t.t 7
The applicant should contact staff for a copy of the staff report which will be available on Thursday prior to the
meeting. If not contacted, a copy of the report will be mailed to the applicant's address.
G:\plan\fonns\Development Review Application.DOC
...i..-..,·--- .
CITY OF CHANHASSEN
AFFIDA VIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
March 3, 2005, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for Fox Den - Planning Case No. 05-08 to the persons named on attached Exhibit
"A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing
the envelopes addressed to all such owners in the United States mail with postage fully prepaid
thereon; that the names and addresses of such owners were those appealing as such by the
records of the County Treasurer, Carver County, Minnesota, and by other appropriate records.
¿IJ¡---
eputy Clerk
Subscribed and sworn to before me
this . day of ú1~.o yt:h ,2005.
/'
"
~
....-..
c~__ -
j
.. KIM 1. MEUWISSEN j
Notary Public-Minnesota
,My Commission Expires Jan 31, 2010
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Disclaimer
This map is neither a legaliy recorded map nor a survey and is not intended to be used as one.
This map is a compilation of records, information and data located in various city, county, state and
tederaJ offices and other sources regarding the area shown, and is to be used for reference
purposes only, The City does not warrant that the Geographic Information System (GIS) Data used
to prepare this map are error free. and the City does not represent that the GIS Data can be used
for navigational, tracking or any other purpose requiring exacting measurement of distance or
direction or precision in the depiction of geographic features. If errors or discrepancies are found
please contact 952-227-1107, The preceding disclaimer is provided pursuant to Minnesota
Statutes §466.03, Subd, 21 (2000), and the user of this map acknowledges that the City shali not
be liable for any damages, and expressly waives ali claims. and agrees to defend, indemnify, and
hold harmless the City from any and ali claims brought by User, its employees or agents, or third
parties which anse out of the users access or use of data provided.
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one.
This map is a compilation of records, information and data located in various city, county, state and
federal offices and other sources regarding the area shown. and is to be used for reference
purposes only. The City does not warrant that the Geographic Information System (GIS) Data used
to prepare this map are error free, and the City does not represent that the GIS Data can be used
for navigational, tracking or any other purpose requiring exacting measurement of distance or
direction or precision in the depiction of geographic features. If errors or discrepancies are found
please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota
Statutes §466.03, Subd, 21 (2000), and the user of this map aCknowledges that the City shall not
be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and
hold harmless the City from any and all claims brought by User. its employees or agents. or third
parties which arise out of the user's access or use of data provided.
Public Hearing Notice Area (500 feet)
Fox Den
6500 Chanhassen Road
Planning Case No. 05-08
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JASON P & TONIA R ASHLINE
10 FOX HOLLOW DR
CHANHASSEN MN 55317
ORHAN A & PATRICIA J UNER
TRUSTEES OF TRUST
110 FOX HOLLOW DR
CHANHASSEN MN 55317
RICHARD A & RHONDA G HERR
120 FOX HOLLOW DR
CHANHASSEN MN 55317
MARGARET A NELSON
135 PLEASANT VIEW RD
CHANHASSEN MN 55317
WAYNE A & JULIE K SIEBER
150 GRAY FOX LN
CHANHASSEN MN 55317
JEFFREY M & DEIDRE L BISHOP
170 BLUFF RIDGE CT
CHANHASSEN MN 55317
CARL F & MARGARET A MCNUTT
185 PLEASANT VIEW RD
CHANHASSEN MN 55317
JUNELLE J CHRISTY
TRUSTEE OF TRUST
2600 CHERRYWOOD RD
HOPKINS MN 55305
ROGUE L SWENSON JR &
SUSAN C CONNOY
35 PLEASANT VIEW RD
CHANHASSEN MN 55317
MARIA VANDERZANDEN
50 HUNTERS CT
CHANHASSEN MN 55317
NATHAN A W ASGA TT &
LORIE L COLE
100 FOX HOLLOW DR
CHANHASSEN MN 55317
MICHAEL E O'CONNOR &
MARCIA L O'CONNOR
110 GRAY FOX LN
CHANHASSEN MN 55317
FRANK & MELODY K KLOIDA
130 FOX HOLLOW DR
CHANHASSEN MN 55317
RICKI L & MARY B CARLSON
140 BLUFF RIDGE CT
CHANHASSEN MN 55317
ROBERT & EDNA PETERSON
160 BLUFF RIDGE CT
CHANHASSEN MN 55317
PATRICIA K NICOL
180 BLUFF RIDGE CT
CHANHASSEN MN 55317
JULIE M FURY
20 FOX HOLLOW DR
CHANHASSEN MN 55317
BROOK S BOLEST A &
PETER G & CINDY S BOLESTA
30 FOX HOLLOW DR
CHANHASSEN MN 55317
CONSTANCE M KEEFE
40 FOX HOLLOW DR
CHANHASSEN MN 55317
GARY J & VICTORIA G ALEXANDER
55 PLEASANT VIEW RD
CHANHASSEN MN 55317
ROSEMARY A MARQUART
101 CASTLE RIDGE CT
CHANHASSEN MN 55317
HERBERT J & ELLA KASK
115 PLEASANT VIEW RD
CHANHASSEN MN 55317
STEPHEN G & SUSANNE THEISSEN
130 GRAY FOX LN
CHANHASSEN MN 55317
KEVIN & CHERYL PETERSON
150 BLUFF RIDGE CT
CHANHASSEN MN 55317
MICHAEL & MARGARET SCHRIEBER
160 FOX HOLLOW DR
CHANHASSEN MN 55317
ROGER B BONGARD
18195 CO RD 30
NEW GERMANY MN 55367
DAVID B ROBINSON
25 PLEASANT VIEW RD
CHANHASSEN MN 55317
MARK A & WAI-MING T HENDERSON
31 FOX HOLLOW DR
PO BOX 1147
CHANHASSEN MN 55317
JEFFERY B & CYNTHIA SHALL
41 FOX HOLLOW DR
CHANHASSEN MN 55317
STEVEN W & KELLY K LEN
60 HUNTERS CT
CHANHASSEN MN 55317
STATE OF MINNESOTA IN TRUST
C/O CARVER COUNTY AUDITOR
600 4TH ST E
CHASKA MN 55318
ARNOLD E & MARIE C SCHROEDER
6430 PLEASANT VIEW LN
CHANHASSEN MN 55317
JAMES & JOYCE NICHOLLS
6451 PLEASANT VIEW CIR
CHANHASSEN MN 55317
JUDY SUNDERLAND
6502 GRAY FOX CRV
CHANHASSEN MN 55317
KATHY ANNE STUDER &
JAMES DONALD CHARLES STUDER
6505 GRAY FOX CRV
CHANHASSEN MN 55317
ANDREW J & LINDA M HOFMEISTER
70 HUNTERS CT
CHANHASSEN MN 55317
TIMOTHY S MULCRONE
85 CASTLE RIDGE CT
CHANHASSEN MN 55317
MATT 0 EVJEN &
JENNIFER ANNE SHAW-EVJEN
89 CASTLE RIDGE CT
CHANHASSEN MN 55317
ERIC J ZORN
91 CASTLE RIDGE CT
CHANHASSEN MN 55317
THOMAS J & JAYNE MALLEN
95 CASTLE RIDGE CT
CHANHASSEN MN 55317
JAMES M THEIS
6400 CHANHASSEN RD
CHANHASSEN MN 55317
TIMOTHY J MCNEILL
6441 PLEASANT VIEW CIR
CHANHASSEN MN 55317
MICHAEL D & JULIE M DOUGLAS
65 PLEASANT VIEW RD
CHANHASSEN MN 55317
ANDREW C LEITH &
KATHERINE MOORE LEITH
6503 GRAY FOX CRV
CHANHASSEN MN 55317
STEPHEN J MACHACEK &
L YN A NOEL TING
6521 QUAIL XING
CHANHASSEN MN 55317
DANIEL J BUJOLD
80 HUNTERS CT
CHANHASSEN MN 55317
JAMES E & KAMI M VAN DUSEN
87 CASTLE RIDGE CT
CHANHASSEN MN 55317
JUANE VANEYLL
90 CASTLE R I DG E CT
CHANHASSEN MN 55317
THOMAS C & HEIDI J NAUMAN
92 CASTLE RIDGE CT
CHANHASSEN MN 55317
MARK L & LAURA L LARSON
97 CASTLE RIDGE CT
CHANHASSEN MN 55317
BRIAN P & SARA B MUENCH
6400 NEAR MOUNTAIN BLVD
CHANHASSEN MN 55317
DENNIS W & CHRISTINA HANSEN
6450 PLEASANT VIEW CIR
CHANHASSEN MN 55317
JEFFREY J & DIANE L BROWN
6500 GRAY FOX CRV
CHANHASSEN MN 55317
DOUGLAS M & NANCY J ANDERSON
6504 GRAY FOX CRV
CHANHASSEN MN 55317
CHARLES R KLlNGELHUTZ &
MARY JANE KLlNGELHUTZ
6570 CHANHASSEN RD
CHANHASSEN MN 55317
RICHARD R & BARBARA J VERNES
83 CASTLE RIDGE CT
CHANHASSEN MN 55317
ERIK M & JENNIFER A KITT
88 CASTLE RIDGE CT
CHANHASSEN MN 55317
KENNETH H CARLSON &
CATHERINE J CARLSON
90 HUNTERS CRT
CHANHASSEN MN 55317
LEE & KAREN BORIL
93 CASTLE RIDGE CT
CHANHASSEN MN 55317
MICHAEL P & JAMIE L MANNING
99 CASTLE RIDGE CT
CHANHASSEN MN 55317
RICH SLAGLE
7411 FAWN HILL ROAD
CHANHASSEN MN 55317
CARVER
WE.. <1\ \\b'IfRl
~\"g Cë¡,.
flI( ~
(I) 1946 \
~ II
O"lJfy 5\(\tì
219 East Frontage Road
Waconia, MN 55387
Phone: 952-442-5101
Fax: 952-442-5497
COIISfRV4TIØll DISrRICT
http://www.co.carver.mn.us/SWCD/SWCD main.htllÙ
Mission Statement: To provide leadership in conservation and teach stewardship of the soil, water, and related
resources throu}?h a balanced, cooperative pro}?ram that protects, restores, and improves those resources.
February 23, 2005
Sharmeen Al-Jaff, Senior Planner
City of Chanhassen
7700 Market Boulevard
Chanhassen, MN 55317
Re: Fox Den
Ms. AI-Jaff:
The SWCD has taken the opportunity to review the 6-10t subdivision Fox Den. The plan reviewed is
dated 1/20105. Please review and consider the following comments and suggestions regarding erosion
and sediment controls and stormwater 1 dewatering concerns.
Erosion Control
--Geotextile or gravel bed and riprap is needed for energy dissipation at the existing and proposed flared-
end inlets to the stormwater pond and the outlet ofthe pond on the east side of Hwy 10 1.
--If the area of the ROW adjacent to 10 Fox Hollow Drive is going to be mowed within the fIrst year, the
Category 3 blanket should be replaced with staked sod. The netting of the blanket could pose problems
for lawn mowing until the netting biodegrades.
Sediment Control
--A detail for the CB sediment control is needed for the CB between Lots 2 and 3. A wimco-type inlet
control is recommended. An alternative could be monofIlament silt fence with metal t-posts and 1112"
rock berm 2 feet high and 2 feet wide.
Stormwater 1 Dewaterin~
1. In Grading and Erosion Control Note 15, it states that dewatering will be done from the top of the
water column. It is recommended to use a floating Faircloth skimmer or another preapproved method.
2. The flow route 1 distance to receiving waters and name of receiving waters of the stormwater basin and
dewatering activities are needed on the plan.
3. A detailed dewatering plan is needed with method, rate and erosion 1 sediment control considerations
such as energy dissipation.
4. The existing outlet is a 24"CMP with no trash guard or skimmer to control potential floatables nor is it
designed to prevent short-circuiting of the system. An outlet meeting NPDES Permanent Storm Water
Management System Requirements is needed for this project. (NPDES Permit No. MN R100001, Section
C, Subsection ID, Page 11 or 26).
If there are any questions or if I can be of further assistance please contact the SWCD offIce,
Sincerely,
Aaron Mlynek
Aaron Mlynek, CPESC
Urban Conservation Technician
c. Lori Haak, City of Chanhassen (email)
ANEQUALOPPOR~TYEMPLOYER
March 4, 2005
AlCEIVED
MAR 0 8 2005
CITY OF CHANHASSEN
Ms. Sharmeen Al-Jaff
Senior Planner
City of Chanhassen
PO Box 147
Chanhassen, MN 55317
Re: Fox Den Preliminary Plat Issues
Dear Shanneen:
I submitted to you, Matt Saam, Jill Sinclair, and Lori Haak, on Thursday, March 3, 2005,
a document titled "Fox Den Preliminary Plat Issues." I have made some modifications to
this document and I do not wish to include it as an attachment the Staff Report to the
Commission.
I have enclosed the revised document for your review and comment. This revised
document should be included with the staff Report to the Commission and I ask that it be
included as an attachment to that Report.
Thank you.
~
Jason Ashline
10 Fox Hollow Drive
Chanhassen, MN 55317
Fox Den
Preliminary Plat Issues
To the Plannin!! Commission. Plannin!! Staff. and City Council Members
With any proposed development, there are several real impacts. Although aware that
development is always a potential in any area, it must fit in with the area and it must
consider the existing conditions currently in that community, and work in cooperation
with the affected parties. There are several problems with this development's proposal
and there are several inconsistencies with the Chanhassen City code, especially how they
relate to Landscape & Tree Preservation. There are also several potential inadequate
design or premature practices proposed as it relates to the proposed pond expansion. All
of these must be solved before the development should go forward. For these reasons, we
can not respectfully support the proposed development at this time. We would suggest
that the Preliminary Plat be redesigned and resubmitted for consideration. Five areas will
be addressed in this statement (1) Landscape & Tree Preservation (2) Surface Water
Management & Proposed Pond Expansion (3) Grading and Erosion Control (4) Streets
(5) Proposed Plat Alternatives
1. Landscaping & Tree Preservation
Sec. 18-61 (d)(2) of the City ofChanhassen code states:
Prior to the submittal of development plans, a tree survey of the site shall be prepared by a registered
landscape architect. licensed forester. or other projèssional approved by the city. This survey shall include
the species, DBH size (DBH means diameter measured at breast height, four and five-tenths feet above the
ground), condition, location of all trees over six inches in diameter and any damaged or diseased trees on
site. All significant special, damaged or diseased trees shall be tagged and identified by number on the
survey. A delineation of the existing canopy coverage area(s) which outlines all areas covered by tree canopy
shall be included as part of the survey. Additionally, all damaged and diseased trees shall be cataloged with
the nature and extent of any damage or disease specified.
Response: There are several trees that are missing from the Tree Inventory/Survey
submitted by the developer. For instance, there is a tree immediately to the East of tree
number 144 that is not listed. This tree has
two trunks (see picture left):
There are also three trees south of the existing
shed and between the wooden fence of the
property of20 Fox Hollow Drive (see picture
below)
1/1
1
that is not listed on the tree inventory. Even if all other trees are accounted for, then these
omissions cause incorrect canopy coverage statistics.
Also, it is unclear whether or not the developer can count the trees in their tree inventory
on the Outlot A sight because Outlot A is not on 6500 Chanhassen Rd. The Outlot is
located in a PUD, it is also subject to different zoning conditions.
Sec 18-61 requires the species of each tree. However, only the genus name is listed on the
inventory (e.g. pine, maple). Species requires the person conducting the inventory to
establish the scientific name such as Norway Pine or Sugar Maple.
Trees #142 &143 could be considered boundary line trees. The tree trunks begin either on
the line or slightly North of the property line between 10 Fox Hollow Drive and 6500
Chanhassen Road. The trunks cross the boundary line, and continue to grow into the
property owner's yard of 10 Fox Hollow Drive (see picture left):
The current and previous owners of 10 Fox Hollow Drive
have maintained these trees by, but limited to, (1) raking
the leaves that fell into the backyard of 10 Fox Hollow
Drive (2) Incurring the costs to dispose ofthe leaves that
/' fell from the trees to the appropriate disposal sites in
Carver County. The leaves fell from the limbs and
/í . branches that grew out from the trunks that were clearly
.ß .ii located on the property owner of 10 Fox Hollow Drive.
~:':.i-.- I
Holmberg v. Bergin, 172 N. W. 2nd 739 (Minn 1969)
establishes the definition for boundary trees. A tree is a
boundary tree if it was planted jointly or treated as
common property by agreement, acquiescence, or course
of conduct. The course of conduct clearly establishes the
'"1 fact that the owners of 10 Fox Hollow Drive co-own the
tree with the owner of 6500 Chanhassen Road.
Additionally, the tree could not be considered a nuisance since by its nature, it is not
patently offensive, causing ill will or health, or damaging to the property of others. Even
if the nuisance argument could be remotely posed,
. .
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Section 18-61 (d)(4) provides for relief:
Minimizing the tree loss should be achieved by any combination of the following:
a. Realignment of streets, utilities and lot lines.
b. Consideration of alternative utility configurations such as the use of ejector pumps, force mains, or
revised home elevations to minimize grading.
c. Reductions in roadway width and right-ol-way and increase in street grade up to ten percent when the
applicant can demonstrate that significant tree preservation is directly related to the modification.
d. Use of private streets in lieu of public streets.
e. Variation in street radius and design speed.
f Modified grading plans.
Response: The property owners of 10 Fox Hollow Drive strongly request that the
developer and the City should propose implementing modified grading plans, and
realignment of internal lot lines of the proposed development to accommodate the
property owners request regarding saving trees 142, 143, & 144.
2. Surface Water Management & Proposed Expansion of the Storm
Water PondlWetland/Outlot AlUtility and Drainage Easement.
Background: The developer is proposing a significant increase to the size of the pond
located at the comer of 101 and Fox Hollow Drive. The developer states that the increase
in storm water runoff warrants the increase of the size of the pond. Although there will be
some increases in storm water runoff, there are other issues that need to be addressed and
solved first before automatically increasing the size of the pond. The current pond area is
24,900 square feet or .57 acres. This area is just the area where the water currently is.
This appears to be an adequate enough area, given the other issues that need to be
addressed in this section. There are others things that can be done to limit the increase in
impervious surface. There needs to be a critical analysis of the proposed storm water
pond design, and also a thorough review ofthe NRCS TR-55 methodology or other
methodology used as the design methodology of the pond and the proposed expansion.
We propose an independent engineer be hired. Given the issues below, we maybe rushing
to judgment to expand the pond to such a design that clearly conflicts with proper storm
water pond design criteria. There are several problems increasing the size of the pond by
a significant size and outmoded design, without addressing other issues fIrst. A strategic
expansion of the pond in certain areas is would be the more prudent course of action.
Additionally, any further expansion should focus more on expanding the length rather
than the width.
The Storm Water Management Program (SWMP) has been in place since 1994. In a
memo to Todd Gerhardt from Lori Haak dated September 21,2004, in reference to the
SWMP she writes "the 1994 plan is out of date." The City has hired an outside consulting
firm SEH to review the SWMP. Among its area of focus are (1) water quantity and
quality (2) inspection of every public storm water structure (3) comprehensive wetland
management program (4) revised storm water and wetland management ordinance (5)
protocols for inspection and maintenance.
3
Furthermore, in the memo, it states "the vertical element (z coordinate) will allow the
City to employ detailed storm water modeling techniques to anticipate, assess, and
resolve surface water issues and problem areas."
Based on 1994 standards, this development mayor may not be premature as it relates to
storm water management. At the very least, consideration must be given to an outdated
SWMP and how it relates to the proposed expansion of the pond.
Issue 1: Design of the Pond. I would refer the planners and commission members to a
couple of websites. www.cigolden-valley.Inn.us/environment/ponding.htm (contact Al
Lundstrom 763-593-8046) and www.state.ri.us or search for "the State of Rhode Island &
Storm Water Manual." I'm sure Minnesota has similar protocols. Generally speaking,
there are several things to keep in mind when designing an effective storm water pond.
(1) Ponds are generally three times as long as wide
(2) There is a 3:1 minimum ratio along the flow path between the inlet and outlet (these
requirements allow for polluted sediment more time to settle before the outlet pipe
releases the water).
(3) The forebay length to width ratio should be a Minimum of2:1 with a preference for 3
to 1. The condition and design of the forebay (between the pipe inlet and the main pond)
is critical. It should be 4-6 feet deep. This is the main area where polluted sediment is
filtered out.
Response: The proposed pond will be nearly as wide as it is long. According to the
resources and experts that I have cited, this design is generally not a very effective
design. Although a larger pond may in some cases filter out more pollutants, if it is not
designed correctly, it will cause more harm than good. The 3:1 ratio between the outlet
and inlet is not maintained. There are questions about the condition of the current forebay
and its design. Furthermore, there is not other development along 101 (North of 5) that
would have such a large pond next to the road. For safety issues, if a car were to go over
the side of the road, or if a pedestrian were to slip down the embankment into the pond,
there could be serious liability issues for the City. 101 is a very busy road. Creating such
a large body of water next to the road is not a good idea. At the very least now, barriers
should be installed.
Issue 2: According to the experts, natural landscaping should be in place around the
pond (see attachment to the paper). This should include bushes, natural grasses, and
shrubs because these stabilize the pond by preventing erosion, preserves an environment
for microorganisms that remove pollutants, improves pond's appearance by hiding debris,
creates an environment for dragonflies which eat mosquitoes, discourage geese :&om
visiting and contributing to pollution through their droppings, making the pond less
attractive for wading and
swimming.
Response: The South and
West end of the pond is
mowed grass. It does not
JJÎj[rllr "="~''';:îJ1'iJî.·';¡;;l=rI
- ~
have natural habitat of bushes, natural grasses, and shrubs. It invites geese (which are a
constant nuisance and populate this pond in significant numbers) to further pollute the
water. The existing embankment to the North has bushes, natural grass, and shrubs. It
provides for a natural buffer. It is in line with how storm water ponds should be designed.
An expansion of the pond would remove all of existing area to the North with no planting
of natural grasses, bushes, and shrubs (or that is how the landscape plan is submitted).
(See pictures above and below):
~i~L;';;'¥i 9~f.:~,;,'~""l,G~:~i;~.4~~~~
Furthermore, by entirely eliminating the North end of the pond, this removal would be in
direct conflict with section 18-61 (d)(1)
It is a policy of the City of Chanhassen to protect the integrity of tJæ natural environment through tJæ
preservation, protection, and planting of trees. The city finds that trees provide many benefits including: stabilization
of the soil by the prevention of erosion and sedimentation, reduction of storm water runoff and tJæ costs associated
therewith, improvement of air quality, reduction of noise pollution, control of urban Jæat island effect, protection and
increase of property values, protection of privacy, energy conservation through natural insulation, control of drainage
and restoration of denuded soil subseqmmt to construction and grading, protection from severe weather, providing
habitat for birds and other wildlife, conservation and enhancement of city's physical and aesthetic environment,
reforestation of open lands, and general protection and enhancement of tJæ quality of life and general welfare of the
city. It is therefore the purpose of this section to provide regulations related to the cutting, removal, or killing of trees
on construction and development sites and to ensure the protection and preservation of the natural environment and
beauty of the city.
ReSDonse: All of the trees will be eliminated in the current plan. Some of the most vital
ones (conifers) reduce noise pollution and headlight impacts on a year round basis from
the traffic on highway 10.1. These conifers protect the privacy of the first homes along the
entry of Fox Hollow Drive. By removing the mature conifer trees, you remove the
element of privacy. The proposed replacement planting are mainly deciduous in nature
and do not maintain their leaves for 6 months of the year, thus drastically reducing the
potential buffering effect. They do not provide good protection from visual impacts,
noise, and protect privacy like large conifer trees do. Additionally, these large trees
reduce storm water runoff and control drainage--especially right next to a storm water
pond. By eliminating the trees around the pond, it exacerbates and creates additional
runoff. The trees are also habitat to birds and other small animals. In eliminating the
5
trees, you not only create additional problems but you also eliminate the aesthetic
benefits that they provide, and the potential increase in property values they pass on to
members of the Fox Hollow community (see pictures below)
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Furthermore, the pond
outlot is located in the
Planned Unit
Development (PUD) Fox
Hollow. There are
different codes that
apply to developments in
a Single Family
Residential (RSF) zone
compared with a PUD.
The pond outlet and the
trees and area to the
North ofthe pond
provide necessary
Section 20- 11 76. Intent,
buffering from the visual impacts from collector highway 101.
scope, and compliance address these requirements.
(f) Buffering shall be provided between high intensity and low intensity uses, between a site and major
streets and highways, and in areas where buffering is required by the comprehensive plan. Such buffering
shall be located within a required buffer yard. The buffer yard is a unit of yard together with the planting
required thereon. The amount of land and the type and amount of planting specified for each buffer yard
required by this subsection are designed to ameliorate nuisances between atijacent land uses or between a
land use and a public road. The planting units required of buffer yards have been calculated to ensure that
they do, in fact, function to "buffer. "
(lJ Buffer yards shall be located on the outer perimeter of a lot or parcel extending to the lot or parcel
boundary line, except where easements, covefWnts or natural features may require the buffer yard to be set
back from the property line. Subject to review and approval by the city engineering department, buffer yards
6
that are compatible with the typical city boulevard planting requirements may be located within a portion of
an existing municipal public collector or arterial right-ol-way.
Additionally,
(/)(8) In instances in which the city deems it necessary to provide year-round screening, the city may
designate that all planting be of conifers.
(g) The city shall encourage reforestation through boulevard and streetscape planting.
(h) Mature stands of trees shall be preserved.
The landscaping and tree replanting plan submitted by the developer does not adequately
address the loss of buffering that an expansion to the pond and the loss of the stands of
conifer and long line of deciduous trees will cause. In fact, the developer only proposes to
three deciduous trees and two conifer trees in this area and these plantings are dozens of
feet from 101. The City should insist on the developer complying with Section 20-1176
(f)(8) as it relates to the ponding area. The City should also insist that additional
reforestation occur through more boulevard and streetscape planting on the South and
West side of the pond area.
Issue 3: Pond Maintenance and Statistics
As discussed in issue 1 above, a larger pond is not necessarily a more effective pond. If
natural landscaping is not included as part of the design, then the pond effectiveness to
filter out pollutants is decreased significantly. An additional area that needs to be fully
examined is pond maintenance and the statistics associated with this particular pond
regarding its effectiveness. There are several questions that the City and the developer
need to answer:
(1) Can the City provide documentation as to what the pond water quality is and what it
has been in the last 5 years from this pond? /
(2) Have there been any water test results that indicate that runoff rates do not meet water
quality standards?
(3) Can the City state what it has done in the the last five years to control sediment in the
pond? According to the Fox Hollow file maintained by the City of Chanhassen, in 1984
when Outlot A was being established, one of the main concerns was sediment. In a
March 13, 1984 letter from Stanley Wendland from the U.S. Dept of Agriculture to Bob
Waibel, it is stated:
"... the plans for providing ponding areas should include a provision for removing trapped sediment. "
(4) When was the last time the outlets, inlets, ditches, and culverts associated with this
pond were cleared and cleaned?
(5) When where the last time the catch basins were cleaned?
(6) What are the water reading depths over the last five years? Is the pond too shallow?
Too full? If there is evidence that it is trapped with sediment and too full, can it not be
dredged?
(7)If the pond is expanded, what happens if the pond becomes too shallow?
(8) Is drainage from the pond an issue, and if it is, what is being done to solve it?
(9) When was the last time the formula was evaluated for storm water runoff?
(10) How many homes does this pond serve?
7
Given the fact that the SWMP is out of date and given the fact that the City may not have
effective and up-to-date protocols for evaluating water quality, storm water run-off
issues, an outdated storm water ordinance, outmoded protocols for maintenance and
inspection, it maybe premature to declare that this pond has to be increased by such a
significant size. The recommendation would be to focus intently on Issues 1-3 and as a
last result expand the size of the pond by no more than 10% (if even necessary). Proper
pond design, natural landscaping, maintenance, inspection, and drainage from the pond,
are the best ways in the short to long terms to address the issues associated with this
pond. A small expansion of the pond without fully implementing and addressing all of
the issues raised in 1-3 fails to address the real issues with storm water pond management
and storm water runoff. The inlet pipe from the West of Fox Drive should run at a 45
degree diagonal under Fox Drive and then enter into the existing storm water pond on its
West side.
Furthermore, the City needs to seriously look to adopting, for future developments, the
potential to use the practice of Low Impact Development (LID). The City should provide
financial incentives to developers, perhaps initially as a pilot project, to use LID as the
way to handle storm water management issues in the future. The SEH consulting firm
will probably make this as one of their recommendations. I would refer interested people
to www.lowimpactdevelopment.org and www.tahomaaudobon.org for information on
this landscape storm water management concept. LID has reduced the size of storm water
ponds sizes by 75% while still retaining open spaces and dry basements. Construction
costs could be reduced by up to 20%. Retaining vegetation and reducing road width and
impervious surfaces is the key. Search the web for a title of a document conducted by
CH2MHILL from Bellevue, Washingtion called "Pierce County Low Impact
Development Study." See also Wisconsin's Natural Resource Magazine
( www.wnnnag.comlsupps/2003/feb03/stem.htm).
3. Grading and Erosion Control
According to the Preliminary Grading and Erosion Control Plan, the developer is
requesting that the existing fence at the North and East ends ofthe 10 Fox Hollow Drive
be removed by the property owners of 10 Fox Hollow Drive. The existing grading plans
call for extensive grading right up to and potentially on to the property of 10 Fox Hollow
Drive. The extensive proposed grading plans for the area around the pond are not
necessary for the reasons stated in the previous pages.
Response: Steeper slopes typically increase the rate of erosion. One impact of land
development is soil compaction which decreases soil infiltration and ground water
recharge, which contributes to storm water runoff.
3: 1 grading is too excessive. That is the maximum. A 3: 1 grading slope would make the
house and the lot at 10 Fox Hollow Drive appears that it is "higher" off the ground than
the other homes in the area. The lot and the home would appear aesthetically out of place
with the excessive grading. The lot and the home would appear if it were sitting on a
8
"crown." It is recommended that the natural swales and slopes be maintained as much as
practicable to the East and North of the 10 Fox Hollow Drive property.
In a survey commissioned by the property owners of 10 Fox Hollow Drive, the wooden
fence located to the East of the existing home is entirely on the property of 10 Fox
Hollow Drive, it does not enter the right of way. The property owners are not going to
remove the wooden fence on the East side of their home for any reason nor grant the
developer an easement to perform excessive grading. Furthermore, the property
owners of 10 Fox Hollow Drive do not know and are not aware that the irregular shaped
or wire fence is their property or who installed the wire fence The current owners of 10
Fox Hollow Drive do not know where the developer obtained the information or drew the
conclusion that the wire fence belonged or was put in place by the owners of 10 Fox
ijollow Drive. The owners of 10 Fox Hollow Drive do not have an objection to the future
removal of this fence only if (1) if the developer does not damage the existing wooden
fence (2) the developer disposes of the fence (3) the developer does not damage any trees
in the removal of the fence. The property owners of 10 Fox Hollow Drive find the
grading plans extensive, intrusive, and unnecessary as it relates to their property line on
the East. Potential damage to the property is probable and the grading will not benefit
them. Additionally, the owners have serious concerns about the closeness of construction
equipment, traffic, insurance and workers compensation issues as they relate to potential
earthwork on or near their property. Furthermore, special assessments should not be
passed on to the owners of 10 Fox Hollow Drive. They are not going to benefit from the
grading but their privacy and property lines are going to be severely disturbed.
4. Streets
According to the Preliminary Plat, a 31 foot wide road will be going in right next to the
property of 10 Fox Hollow Drive. The width of the may be consistent with the other
street widths, but it is excessive for the area that it is proposed. The closeness of Fox
Drive to 10 Fox Hollow Drive and to the pond is of great concern for safety and aesthetic
concerns. A 31 foot wide road ending in a cuI-de-sac greatly increases the impervious
surface and thus increases runoff which is unnecessary. The developer and City would
save costs by going to a 24 foot wide street, it would also create more lot area, reduce
impervious surface, create less runoff, and fit in better with the area. The proposed road
would only serve 6 homes. There are other alternatives.
Response: Research shows that narrow streets are the safest. For example, a study
conducted by Swift Associates and the City of Longmont Colorado looked at 20,000 car
accidents over 8 years.
The study found: "the most significant casual relationships to injury and accident were found
to he street width and street curvature." "...as the street widens, accidents per mile per year
increases exponentially, and that the safest residential street width is 24 feet."
9
Furthennore in the same report it is stated, "In neo-traditional design, on-street parking is only
provided where densities exceed 4 dwelling units per acre."
In fact, the study went on to point out:
"Reducing road widths from 31 feet to 10 feet will produce a 6% reduction in impervious area"
Typically, street systems account for more than 50% of the total amount of
imperviousness on site. Studies have shown that where cul-de-sacs are built, the radii of
turnaround should be minimized. Reducing the length and width of a road reduces the
impervious surfaces and thus reduces runoff. Additionally, the use of porous pavement
reduces impervious surfaces. There is no indication on what is being done to make
effective use of porous pavement to reduce stonn water runoff and the impervious
surface.
(see www.nemo.uconn.edu) for a more detailed explanation on the above information. It also addresses the
concern over some individuals have about an emergency vehicle having enough room to turn around.
The area for the proposed Fox Drive has been a grassy area maintained by the residents
ofthe Fox Hollow Development for over 20 years. The property owners pay $12-15 a
year to maintain this area. It is well maintained. Who would maintain these areas once a
development is put in? The City? A private maintenance company? Who would pay? The
name of the proposed development is Fox Den. Fox Den would be located in a totally
different zoning district than the original Fox Hollow. A 31 foot wide between 10 Fox
Hollow Drive the Outlot A would look out-of-character for the community. A 24 foot
wide road through a variance request would serve better purposes. It would not be so
close to the property line (a proposed 9 feet) to the 10 Fox Hollow Drive residence, and it
would not be so close to the West end of Outlot A. Furthermore, the road will be very
close to 101. IfMN Dot decides to expand 101 to 4 lanes in the future, then the pond at
the comer of 101 and Fox Hollow Drive may have to be relocated. The entry to Fox
Hollow, without any buffers, will not look like an entry to a well established and sought
after residential PUD, but it will look like one solid slab of pavement and concrete.
The property owners of 10 Fox Hollow Drive request that the road, if installed, be located
at least 12 feet off of their property line to the East. This distance is a safe distance
because in the event of snow plowing in the winter, the snow will not be plowed directly
into the fence that will be maintained by the owners of 10 Fox Hollow Drive.
Additionally, the turning area for Fox Drive, as currently proposed on the Preliminary
Plat is literally 2-3 feet off of the property line. Again, this turning radius begins too close
to the property line. The owners strongly request that the entire road be moved further to
the East. For safety reasons, there are serious concerns. Without proper natural buffering
and protection, a car may roll down the embankment or drive off of Fox Drive and into
the pond-whether intentionally or unintentionally. The owners of 10 Fox Hollow Drive
request that buffering and boulevard plantings occur, in addition to the natural buffering
and landscaping proposed above because 10 Fox Hollow Drive will now be located on a
street comer; the owners would request serious consideration of these issues. The owners
would like a Norway spruce planted on the comer of Fox Hollow Drive and Fox Drive,
on the comer of their property. MN Dot needs to establish a wider and longer turn lane
10
off of 101 into the Fox Hollow Development. The turn lane is too narrow its current
length does not provide enough time to slow down from 45 mph to near 0 mph safely.
Lastly, 101 is a very busy road. The addition of any more traffic to this road will cause
more harm than good.
5. Proposed Plat Alternatives (See Pages Attached)
Besides the alternatives proposed above, the attached mark-ups of the Preliminary Plat
provide further guidance in how to modifY the existing proposal while still providing a
win-win solution for the developer, the neighborhood, and the property owners most
affected by these changes. There are several inconsistencies in the Fox Den proposal as
they relate to the Chanhassen City Code, and there are several design flaws and
inadequacies proposed that would prevent effective storm water management practices.
There are several alternatives that should be considered and implemented before this Plan
is approved.
Respectfully Submitted,
~
·,----1
Jason Ashline
10 Fox Hollow Drive
Chanhassen, MN 55317
March 2, 2005
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Design Example 1: Residential Development - Swann Center
This section presents a sizing example for a medium residential subdivision, Swann Center. The layout of the Swann Center subdivision is shown in
Figure 1.
~ In this design example, the NRCS TR-55 method is used as the design methodology.
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Site At"('a "" Total Drainage Area (A) =: 38.0 at,
Mea...ured Imp('n1ous Area "" 13.8 3.C; I "'" 13.8/38 ""
3603%
80its Ty¡Jt\: 60% "ßo" 40% ifC"
Stream Use Dfßtgnation . I
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Step 1. Compute way' Volume
Criteria:
. Size for the 90% rainfall event.
. Use a minimum runoff coefficient of 0.2.
Step 1a. Compute Runoff Coefficient
~ This runoff coefficient is derived from Schueler's Simple Method.
http://www.storrnwatercenter.net/ManuaC Builder/Sizing_ CriterialDesign%20Example%20 1 /example... 3/5/2005
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Rv = 0.05 + (I) (0.009)
Where:
I = Impervious Cover (%)
Rv = 0.05 + (36.3) (0.009) = 0.38
Step 1 b. Compute WQv
WQv = (P1) (Rv) (A)
INhere:
P1 = 90% Rainfall Event (Inches). Assume 0.9" in this example
A = 38.0 aeres
WQv = (0.9) (0.38) (38.0 ac) (1ft112in)
= 1.08 ae-ft
Check Minimum: (0.2) (38.0 ae) (1ft112) = 0.63 ac-tt [okay]
Step 2. Compute Recharge Volume (Rev)
Step 2a. Determine Recharge Equation Based on Hydrologic Soil Group (Table 1).
Table 1. Recharge Based on Soil Group I
HSG II Recharge Requirement I
A II (0.38) (Rv) (A) /12 I
B II (0.25) (Rv) (A) /12 I
C II (0.13) (Rv) (A) 112 I
D II (0.06) (Rv) (A) 112 I
Assume imperviousness is located proportionally in B and C soils.
Step 2b. Compute Recharge Volume
For "B" soils =[(0.25 inches) (.38) (.38 ac)/12"1ft] (0.60) = 0.18 ac-ft
For "C" soils =[(0.13 inches) (.38) (.38 ac)/12"1ft] (0.40) = .06 ac-tt
Add recharge requirement for both soils
Rev = (0.18 ac-tt) + (0.06 ac-tt)
= 0.24 ac-tt
~ This requirement can be met either with a structural practice, or with Stormwater Credits.
Step 3. Compute Stream Channel Protection Volume (CDvt
Requirement: Provide 24 hours of extended detention for the 1-year event.
~ Please note that the length of detention may be smaller based on the stream resource. In cold water trout streams, for example, the detention
\. üme may be as small as 6 to 12 hours.
Step 3a. Develop site hydrologic and TR-55 Input Parameters
Table 2 presents Input Parameters Per attached TR-55 calculations (see Figures 2 and 3).
II
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Table 2. Input Parameters for STP Sizing
II II II II
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POND DESIGN EXAMPLE
The foUowing design example is for the "wet extended detention (ED) pond," from STP Group 1 (stormwater ponds).
On this site the developer is required to provide control for the following:
1. Recharge (Based on soil type)
2. Water Quality (90% event)
3. Channel Protection
4. 10-year Flood Control
5. Safe Passage of the 100-year flood with l' of freeboard.
~ Based on the specific criteria in a region. These criteria may vary. See Sizina ODtions.
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Ba§e Data
u)cation: Anywhere, USA
Sire Area = Total Drainage Area {a) = 38.0 áC
Measured Impervious Atea>;;13.ßac; or [=13.8l38.....~Y).3%
Soils Ty¡x"S: 60% "B", 40% "C'
Site Data:
The site area and drainage area to the pond is 38.0 acres. Existing ground at the pond outlet is 320'. Soil boring observations reveal that the seasonally
high water table is at elevation 318'. The underlying soils are SC (sandy clay) and are suitable for earthen embankments and to support a wet pond
without a liner. The stream invert at the adjacent stream is at elevation 316'. TR-55 analyses results are in Table 1.
Table 1. H)'drorQgy Summary
._-
Cornht}on CN t" Q~-~'f_~~_~o-- 5?~~:!~~. _~·L!O~__. Q!IJ~Wì1
Jurors cfs cfs cfs c-fs
Prcdl.'veloped 63 0.35 4.62 13.58 50.38 1Q2.6
Pll~·.I..~dnpr.¡ 78 0.19 35.0 SS.O 131.0 216.3
Step 1. Compute Design Volumes
Required volumes for 1-4 were computed under Example 1 of the sizing options section and are presented in Table 2.
http://www.stormwatercenter.net/ManuaCBuilder/pond_design_example.htm
3/4/2005
!mPervious Calculation Exam~
Lot 4, Block 1, FOX DEN.
15,065 SF x 25% = 3766 SF allowable impervious area
Home Foundation provided by Builder = 2281 SF
Driveway (24' wide at street, 33.5' wide at garage) = 1040 SF
If deck is impervious, (22.5'x10' deck) = 225 SF
Total Impervious = 3546 SF
220 SF left for sidewalk, shed, etc.
CITY 0RFECCHANHASSEN
E/VED
FEa 1 1 2005
CHANHASSEN PLANNING DEPT
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