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PC SUM 2005 04 19 CHANHASSEN PLANNING COMMISSION REGULAR MEETING SUMMARY MINUTES APRIL 19, 2005 Chairman Sacchet called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Uli Sacchet, Kurt Papke, Mark Undestad, Dan Keefe, Jerry McDonald and Deborah Zorn MEMBERS ABSENT: Debbie Larson STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Matt Saam, Assistant City Engineer PUBLIC PRESENT FOR ALL ITEMS: Debbie Lloyd 7302 Laredo Drive Janet Paulsen 7305 Laredo Drive Mike Peka 6857 Manchester Drive PUBLIC HEARING: REQUEST FOR SUBDIVISION WITH VARIANCES ON PROPERTY LOCATED SOUTH OF HIGHWAY 7 AND WEST OF HIGHWAY 41, SEVEN FORTY-ONE CROSSING SECOND ADDITION, THOMAS HODORFF, APPLICANT. PLANNING CASE NO. 05-13. Bob Generous presented the staff report on this item. Commissioner Keefe asked for clarification on the cross parking agreement and the location of the trash enclosure for the Movie Gallery building. Commissioner Papke asked for clarification on, since the original application required a conditional use permit to allow multiple buildings on a single lot, if as a result of this subdivision the CUP goes away. Tom Hodorff with Harry S. Johnson Land Surveyors in Bloomington spoke on behalf of the applicant. Chairman Sacchet asked Mr. Hodorff to explain further the reasoning for the cross parking agreement. The public hearing was opened. No one spoke and the public hearing was closed. Papke moved, McDonald seconded that the Planning Commission recommends approval of Preliminary Plat 05-13 for the subdivision of 5.2 acres into two lots, as shown on the plans dated Received March 18, 2005, subject to the following conditions: 1. At this time the estimated total SWMP fee due payable to the City at the time of final plat recording is $74,089.00. 2. Lot 2, Block 1, Seven Forty One Crossing Second Addition is subject to a park dedication fee as a condition of approval for subdivision. Park dedication fees for Lot 2 will total $5900 (25,749 square feet or 0.59 acres X $10,000 per acre). Planning Commission Summary – April 19, 2005 3. The applicant shall provide a cross parking agreement in favor of Lot 2. The agreement shall specify that Lot 1 will have access to 24 parking spaces located on Lot 2. 4. A cross access agreement shall be recorded across Lot 1 for the benefit of Lot 2. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: REQUEST FOR REZONING FROM RURAL RESIDENTIAL, RR TO SINGLE FAMILY RESIDENTIAL, RSF; SUBDIVISION REVIEW FOR 40 LOTS, 3 OUTLOTS AND PUBLIC RIGHT-OF-WAY WITH VARIANCES; AND A WETLAND ALTERATION PERMIT FOR THE GRADING AND FILLING OF WETLANDS ON SITE, PROPERTY CONSISTING OF 62 ACRES LOCATED AT 6950 GALPIN BOULEVARD, LAKE HARRISON. APPLICANT, PEMTOM LAND COMPANY, PLANNING CASE NO. 05-14. Public Present: Name Address Jacqie Daugherty & Ray Alstad 2423 Highover Trail Jim & Cheri Broughton 6927 Highover Court North Julie Fuecker 6751 Manchester Drive Kevin Finger 7052 Harrison Hill Trail Lynn Eggers 6791 Briarwood Court Cari Piatkowski 6833 Manchester Drive John Moberg 6738 Manchester Drive John Holcomb 6852 Briarwood Court Judy Stretar 6801 Manchester Drive Justin Larson Westwood Professional Services Daren Laberee Westwood Professional Services Dan Cook Pemtom Land Company Dan Herbst Pemtom Land Company Ruoper C. 2135 Lake Lucy Road Stacey Hurrell 7460 Bent Bow Trail Gina Sauer 2244 Lake Lucy Road Norm & Cleare Foster 2275 Lake Lucy Road Jean Moore 6826 Manchester Drive Mike Byrd Lundgren Bros Dan W. JRG Bob Generous presented the staff report on this item. Commissioner McDonald asked staff to elaborate on their recommendation to eliminate either Lot 11 or 12 and what would happen with changing the grade elevations of the road. Commissioner Zorn asked what considerations had been made to access onto Galpin Boulevard. Commissioner Keefe asked for a time line for 2 Planning Commission Summary – April 19, 2005 construction of the water treatment plant and park. Commissioner Papke asked staff to clarify what the rules are in regards to financial hardship with the developer in granting a variance. The applicant Dan Herbst with Pemtom Land Company explained how the plan was designed, dealing with the topography, access points and the existing home and showed different iterations that occurred during the planning process. Chairman Sacchet opened the public hearing. John Moberg, 6738 Manchester Drive, on the corner of Lake Lucy Road asked for clarification on road access to the site and if alternate sites had been looked at for the water treatment plant. Larry Marty, 2117 Lake Lucy Road stated his biggest concern at this point of trying to move forward with the development comes down to the wetlands delineation and acceptance or assumptions at this point of where those borders are and concern with the wildlife in the area. He also stated it was very difficult for him to have a carte blanche acceptance that the water treatment plant is to be located at this site without any discussion. Gina Sauer, 2244 Lake Lucy Road thanked the developer for listening to and addressing the neighbors concerns about the access off of Lake Lucy Road being the only access. She also expressed concern with the impact of this development, along with the other new developments in the area, on the environment and wildlife. Al Taylor, 2340 Lake Lucy Road which is directly across from the exit of this development is concerned with headlights and the blind spots along the curve in Lake Lucy Road, especially with traffic speeds at 35 to 40 miles per hour, not the posted 30. He also asked staff to explain the process for going through and evaluating the requirement for two exits versus one exit and how those apply to this location and how they’re not applying to Highover. Cari Piatkowski, 6833 Manchester Drive asked for clarification regarding the access onto Galpin Road. Al Taylor asked for clarification on easements associated with the piping associated with Well No. 7 to the water treatment plant. Kevin Finger, 7052 Harrison Hill Trail which borders the southwest corner of the project, asked that the Planning Commission choose one of his two alternatives. One being to disallow the bluff setback variance that is necessary to include Lot 12, instruct the developer to remove Lot 12 and just include Lot 11 in the project via use of the private driveway just to Lot 11. And two, that they be required to have a 100 foot tree buffer instead of 30. Jim Broughton, 6927 Highover Court North lives adjacent to Lots 11 and 12. His concern was with the loss of trees behind his house and clarification of the impact of the private street that’s being built. Judy Stretar, 6801 Manchester commented that when they first moved into their development at Woodridge Heights they were surrounded by forests and wildlife and was concerned with the timing of the development, water treatment plant and park. Ray Alstad, 2423 Highover Trail which is directly west of Lot 10 was concerned with the placement of the road hurting his property value. He also concurred that Lot 12 should be eliminated. Debbie Lloyd, 7302 Laredo Drive pointed out that there was not a variance request for the private street in the staff report and concern with placement of that private street next to existing neighbors. Chairman Sacchet closed the public hearing. Dan Herbst addressed issues brought up during the public hearing i.e. justifying the variances to build on Lots 11 and 12, tree preservation, and the percent of grade on some roads. Daren Laberee with Westwood Professional Services explained the planning and engineering that went into designing the site. Chairman Sacchet asked staff to address the wetland delineation, bluff impacts, retaining walls, and findings of fact. Commissioner Keefe asked Justin Larson with Westwood Professional Services to address the issue of road grades. After discussion by the commission the following motions were made. 3 Planning Commission Summary – April 19, 2005 Papke moved, McDonald seconded that thePlanning Commission recommends approval of the Rezoning of the property from RR, Rural Residential, to RSF, Single Family Residential District based on the findings of fact attached to this report. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Papke moved, McDonald seconded that the Planning Commission recommends approval of the preliminary plat (Subdivision) to create 40 single-family lots, four outlots and public right- of-way with approval of a variance for a private street and street grade, plans prepared by Westwood Professional Services, Inc. dated 03/18/05, based on the findings of fact attached to this report, subject to the following conditions: 1.The lot area for Lot 2, Block 1, shall be increased to a minimum of 15,000 square feet. 2.The lot frontage for Lot 3, Block 1, must meet the 90 feet standard at the building setback line. 3.Lots 10, 11 and 12, Block 3, must be reconfigured to meet the minimum standards. 4.The lot frontage for Lot 14, Block 3, must meet the 125 minimum lot width. 5.Lot 12, Block 3, contains a swimming pool and shall not be platted as a separate lot unless the pool is removed or the platting of the lot is concurrent with an application for a building permit for a principal dwelling on the lot. 6.Prior to final plat approval, the developer shall verify that acceptable building pads can be accommodated on all lots that have lake setbacks. Lot 1, Block 4, 7.If is not dedicated for park purposes, then the development shall pay full park fees in force at the time of final plat approval. 8.Building Official 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. c.The developer must submit a list of proposed street names for review and approval prior to final plat of the property. d.Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. e.Separate sewer and water services must be provided each lot. f.Existing wells and on-site sewage treatment systems on the site but be abandoned in accordance with State Law and City Code and the existing home must be connected to city sewer service when available. g.The swimming pool adjacent to the existing residence must be protected by a fence in accordance with City Code. h.The developer must coordinate the address change of the existing home with the construction of the development and provide access for emergency vehicles at all times. 4 Planning Commission Summary – April 19, 2005 9.A wetland delineation report illustrating wetland type, boundary and vegetation shall be submitted prior to final plat approval. 10.The applicant shall submit a Wetland Conservation Act (WCA) application illustrating two alternatives that demonstrate proposed plans were sequenced in the following order of decreasing preference: 1) Avoidance of wetland impact, 2) Minimization of wetland impacts, 3) Rectification of wetland impacts and 4) Mitigation of wetland impacts. The applicant shall not impact basins A, G and F until it is demonstrated that these impacts have met the above sequencing requirements. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The plans shall show fixed photo monitoring points for the replacement wetlands. A five-year wetland replacement monitoring plan shall be submitted yearly beginning one growing season after the wetland is created. The applicant shall provide proof of recording a Declaration of Restrictions and Covenants for Replacement Wetland. The applicant shall secure City approval of a wetland replacement plan prior to any wetland impacts occurring. 11.All impacts, including the filling of wetlands and conversion of wetlands into storm water pond, shall be mitigated with the proposed project. The applicant shall demonstrate and document how replacement will be satisfied to ensure the 2:1 replacement ratio for all impacted wetlands. 12.A wetland buffer with a minimum width of 20 feet shall be maintained around Wetlands A, B, C, E, F, G and H. A wetland buffer with a minimum width of 16.5 feet shall be maintained around Wetland D and any wetland mitigation areas. 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. 13.Building setbacks of 40 feet from the wetland buffer strips shall be maintained for all proposed building pads. Lot 3, Block 3 and Lot 11, Block 3 shall be revised to meet building setback requirements. 14.Lots 11-15 Block 3 and Lot 10 Block 2 shall be revised to incorporate all of wetland B into Outlot C. 15.The OHW determination shall be completed prior to final plat approval. All plans shall illustrate Lake Harrison’s OHW and a 150 foot structure setback from the OHW. 16.All non-riparian lots within the shoreland management zone shall be no less than 90 feet wide with 15,000 square feet of lot area. All riparian lots within the shoreland management zone shall be no less than 125 feet wide with 40,000 square feet of lot area. 17.The bluff area on the property shall be preserved. All structures must 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 the bluff). 5 Planning Commission Summary – April 19, 2005 18.The proposed development shall maintain existing runoff rates. Storm water calculations shall be submitted to ensure the proposed storm water ponding is sized adequately for the proposed development. 19.Drainage and utility easements shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. 20.MN DOT category 3 erosion blanket and seed shall be applied to exposed creek slopes near/around road crossing within 24 hours of temporary/final grade. Riprap, appropriately sized, shall be installed at flared end outlets for energy dissipation with underlying gravel base or geotextile fabric. All emergency over flow structures shall be stabilized with riprap and geotextile or permanent turf re-enforcement blankets. Erosion and sediment controls shall be installed for the planned sanitary sewer crossing for Wetland A area. Silt fence, mulch and wetland seed shall be used for restoration. All 3:1 slopes shall be covered with category 3 erosion blanket. An outlet meeting NPDES water quality discharge requirements is needed on Pond 1. 21.Following storm water inlet installation Wimco-type (or equal) inlet sediment controls shall be installed and regularly maintained. A detail for the inlet sediment controls shall be provided. 22.Following street and utility installation, Chanhassen-specification Type-1 silt fence or other approved perimeter sediment control shall be installed for all positive slopes curbside. 23.Geotextile fabric shall be installed under the rock to promote effectiveness and lifespan of the rock construction entrance. 24.Chanhassen type 2 heavy duty silt fence with straw/hay bale re-enforcement shall be provided for all silt fences adjacent to wetland and creek areas. Chanhassen type 1 silt fence shall be installed at the OHW elevation of storm water basins following permanent outlet installation. 25.The “Inlet Sediment Filter” detail shall be altered to show a rock berm (1 ½ -inch rock, 2 feet wide and 1 foot high along the outside of the silt fence. Only metal t-posts shall be used, not wood stakes. 26.Silt fence shall be installed between wetland impact areas and the remaining wetland. 27.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 Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is not actively being worked.) Flatter than 10:1 21 days 6 Planning Commission Summary – April 19, 2005 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. 28.Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 29.All development phases shall be represented in the SWPPP (clear and grubbing, mass grading, large utilities, small utilities, home building, along with any special requirement such as wetland or creek crossing areas). 30.Construction phasing of the road shall be provided for the wetland/creek crossing. Due to potential concentrated flows, a creek crossing plan shall be developed and outlined in the SWPPP. A detail shall also be provided. Stabilization of the crossing area shall be provided within 24 hours following temporary or final grade. The silt fence shall be wrapped up and around the culvert leaving the wetted perimeter free of silt fence. Soil shall be prevented from entering the waters of the state. 31.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $135,285.38. 32.The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Department of Health, Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering), Carver County, Met Council) and comply with their conditions of approval. 33.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. In no areas shall the fencing be placed within the bluff impact zone. 34.Any trees removed in excess of proposed tree preservation plans, dated 3/18/05, will be replaced at a ratio of 2:1 diameter inches. 35.A total of 319 trees are to be planted. The number of overstory, deciduous trees, as shown on landscape plans dated 3/18/05, required in the front yard of each lot are as follows: Lot, Block Number of trees required Lot 1, blk 1 5 Lot 2, blk 1 2 Lot 3, blk 1 1 Lot 4, blk 1 1 Lot 5, blk 1 1 Lot 6, blk 1 2 Lot 7, blk 1 2 7 Planning Commission Summary – April 19, 2005 Lot, Block Number of trees required Lot 8, blk 1 2 Lot 9, blk 1 1 Lot 10, blk 1 2 Lot 11, blk1 None – existing front yard trees to be preserved Lot 12, blk 1 None – existing front yard trees to be preserved Lot 1, blk 2 4 Lot 2, blk 2 3 Lot 3, blk 2 2 Lot 4, blk 2 2 Lot 5, blk 2 3 Lot 6, blk 2 1 Lot 7, blk 2 3 Lot 8, blk 2 2 Lot 9, blk 2 2 Lot 10, blk 2 7 Lot 1, blk 3 5 Lot 2, blk 3 2 Lot 3, blk 3 2 Lot 4, blk 3 3 Lot 5, blk 3 1 Lot 6, blk 3 1 Lot 7, blk 3 1 Lot 8, blk 3 2 Lot 9, blk 3 2 Lot 10, blk 3 3 Lot 11, blk 3 2 Lot 12, blk 3 3 Lot 13, blk 3 3 Lot 14, blk 3 3 Lot 15, blk 3 2 Lot 16, blk 3 1 Lot 17, blk 3 None – existing front yard trees to be preserved 36.The developer shall be responsible for planting any trees in side or rear yards as shown on the landscape plan dated 3/18/05. 37.Any private street is required to have 20-foot wide paved streets from back-of-curb to back-of- curb, be built to a 7-ton design, have a maximum slope of 10%, and contained within a 30-foot wide private easement. At the completion of the project, the developer will be required to submit inspection/soil reports certifying that the private street was built to a 7-ton design. 8 Planning Commission Summary – April 19, 2005 38.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. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. 39.All of the ponds are required to be designed to National Urban Runoff Program (NURP) standards with maximum 3:1 slopes and a 10:1 bench at the NWL. 40.Any retaining wall over 4 feet in height must be designed by a Structural Engineer registered in the State of Minnesota with an approved fence. Also, it will require a building permit from the Building Department. 41.Prior to final platting, storm sewer design data will need to be submitted for staff review. Depending on the size of the drainage area, additional catch basins may be required at that time. The storm sewer will have to be designed for a 10-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, drainage swales, emergency overflows, access routes for maintenance, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. Emergency overflows from all stormwater ponds will also be required on the construction plans. 42.Erosion control measures and site restoration must be developed in accordance with the City’s Best Management Practice Handbook (BMPH). Staff recommends that the City’s Type II erosion control fence, which is a heavy-duty silt fence, be used for the area adjacent to the existing wetlands. Type I silt fence shall be used in all other areas. In addition, tree preservation fencing must be installed at the limits of tree removal. Erosion control blankets are recommended for all of the steep 3:1 slopes with an elevation change of eight feet or more. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. 43.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. 44.The sanitary sewer and water hookup charges will be applicable for each of the new lots. The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 45.The applicant shall include a drain tile system behind the curbs to convey sump pump discharge from homes not adjacent to ponds. 9 Planning Commission Summary – April 19, 2005 46.All plans must be signed by a registered engineer in the State of Minnesota. 47.Maximum 3:1 side slopes are allowed without the use of a retaining wall. 48.On the preliminary plat sheet show the street right-of-way for the cul-de-sacs. 49.Minimum 20-foot wide public drainage and utility easements will be required over the sanitary sewer and watermain that is outside of the right-of-way. 50.On the grading plan: a.Show the benchmark. b.Add a note to remove all existing approaches. c.Show the retaining walls top and bottom elevations. d.Revise the street grades to comply with the 7% maximum requirement. e.Eliminate Pond 1 and bring the drainage to Pond 2. f.The proposed grading for Lots 4-6, Block 3 needs to be revised to prevent the garage elevation of Lot 4 from being lower than the street. g.The garage elevations of Lots 5 and 6 need to be at least 1.5 feet higher than the emergency overflow for the street. h.Install a culvert under the proposed street connection at Galpin Boulevard. i. Show the 1036 contour around the housepad of Lot 2, Block 1. j.Show the proposed storm sewer on the plan. 51.Label the existing and proposed street names on all plan sheets. 52.On the utility plan: a.Revise the note to say "All storm pipe shall be Class 5…". b.Show all existing utilities, pipe type and manhole rim/inverts within Lake Lucy Road, Galpin Boulevard, Highover Trail and Manchester Drive. c.Revise the location of the downstream sanitary sewer from MH-15 so it goes between Lots 4 and 5 versus Lots 5 and 6, Block 1. d.Show all utility and storm ponds easements. e.Sanitary service must be 6-inch PVC and water service 1-inch copper type K. f.The watermain must be looped through to Manchester Drive versus Galpin Boulevard. 53.Staff is recommending that a raw water transmission main be extended through the site for future connection to the City’s second water treatment plant. The construction cost for the raw watermain will be paid by the City from the water portion of the Utility Fund. The developer will be required to provide public drainage and utility easements over the transmission main and to install the pipe as a part of the utility construction. 54.Since the applicant is now proposing more units (39) than what the property has been assessed for, the additional 38 units (39-1=38) will be charged a sanitary sewer and watermain lateral connection charge. These charges are due at the time of final plat recording. 10 Planning Commission Summary – April 19, 2005 55.As with past developments that access off of Galpin Boulevard, a right-turn lane into the site will be required to be constructed. The turn lane must meet Carver County design requirements. 56.A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 57.Two additional fire hydrants are required. I had discussion with Assistant City Engineer Matt Saam as to their location. 58.Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 59.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. 60.No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 61.Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. 62.Create a Lot and Block on the eastern portion of Outlot A, east of wetland E. The private street cul-de-sac shall be moved back from Lot 12, Block 1 to Lot 11, Block 63. 1. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Papke moved, McDonald seconded that the Planning Commission recommends approval of the front yard variance and denial of the bluff setback variance s based on the findings of fact attached to this report. All voted in favor and the motion carried unanimously with a vote of 6 to 0. Papke moved, McDonald seconded that thePlanning Commission recommends approval of the wetland alteration permit to fill and alter wetlands on site subject to the following conditions: 1.The wetland alteration permit is contingent on final plat approval for Lake Harrison. 2.A wetland delineation report illustrating wetland type, boundary and vegetation shall be submitted prior to final plat approval. 11 Planning Commission Summary – April 19, 2005 3.The applicant shall submit a Wetland Conservation Act (WCA) application illustrating two alternatives that demonstrate proposed plans were sequenced in the following order of decreasing preference: 1) Avoidance of wetland impact, 2) Minimization of wetland impacts, 3) Rectification of wetland impacts and 4) Mitigation of wetland impacts. The applicant shall not impact basins A, G and F until it is demonstrated that these impacts have met the above sequencing requirements. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The plans shall show fixed photo monitoring points for the replacement wetlands. A five-year wetland replacement monitoring plan shall be submitted yearly beginning one growing season after the wetland is created. The applicant shall provide proof of recording a Declaration of Restrictions and Covenants for Replacement Wetland. The applicant shall secure City approval of a wetland replacement plan prior to any wetland impacts occurring. 4.All impacts, including the filling of wetlands and conversion of wetlands into storm water pond, shall be mitigated with the proposed project. The applicant shall demonstrate and document how replacement will be satisfied to ensure the 2:1 replacement ratio for all impacted wetlands. 5.A wetland buffer with a minimum width of 20 feet shall be maintained around Wetlands A, B, C, E, F, G and H. A wetland buffer with a minimum width of 16.5 feet shall be maintained around Wetland D and any wetland mitigation areas. 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. 6.Building setbacks of 40 feet from the wetland buffer strips shall be maintained for all proposed building pads. Lot 3, Block 3 and Lot 11, Block 3 shall be revised to meet building setback requirements. 7.Lots 11-15 Block 3 and Lot 10 Block 2 shall be revised to incorporate all of wetland B into Outlot C. 8.Drainage and utility easements shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. 9.Erosion and sediment controls shall be installed for the planned sanitary sewer crossing for Wetland A area. Silt fence, mulch and wetland seed shall be used for restoration. All 3:1 slopes shall be covered with category 3 erosion blanket. 10.Chanhassen type 2 heavy duty silt fence with straw/hay bale re-enforcement shall be provided for all silt fences adjacent to wetland and creek areas. Chanhassen type 1 silt fence shall be installed at the OHW elevation of storm water basins following permanent outlet installation. 11.Silt fence shall be installed between wetland impact areas and the remaining wetland. 12 Planning Commission Summary – April 19, 2005 12.Construction phasing of the road shall be provided for the wetland/creek crossing. Due to potential concentrated flows, a creek crossing plan shall be developed and outlined in the SWPPP. A detail shall also be provided. Stabilization of the crossing area shall be provided within 24 hours following temporary or final grade. The silt fence shall be wrapped up and around the culvert leaving the wetted perimeter free of silt fence. Soil shall be prevented from entering the waters of the state. 13.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. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission took a short recess at this point in the meeting. PUBLIC HEARING: REQUEST FOR REZONING OF PROPERTY FROM A2 TO PUD-R; SUBDIVISION WITH VARIANCES OF APPROXIMATELY 91 ACRES INTO 84 LOTS, 3 OUTLOTS AND PUBLIC RIGHT-OF-WAY; SITE PLAN APPROVAL FOR 459 TOWNHOUSE UNITS; WETLAND ALTERATION PERMIT; CONDITIONAL USE PERMIT FOR ALTERATION OF THE FLOOD PLAIN; AND CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT. THE PROPERTY IS LOCATED EAST OF AUDUBON ROAD, SOUTH OF LYMAN BOULEVARD, AND NORTH OF PIONEER TRAIL, LIBERTY ON BLUFF CREEK, APPLICANT, TOWN AND COUNTRY HOMES, PLANNING CASE NO. 05-11. Public Present: Name Address Jeff & Jenny Silus 2662 Shadow Lane, Chaska Rick Dorsey 14215 Green View Court, Eden Prairie Keith Wyman 2674 Shadow Wood Court, Chaska Dave Zelinsky 2886 Ironwood Blvd. John Chadwick 11430 Ryan Circle Kate Aanenson presented the staff report on this item. Commissioner Papke asked staff to comment on the loss of office industrial land and tax revenue for the city. Krista Novack, Community Planning Manager for Town and Country Homes introduced her team Kevin Clark, Director of Development, Ron Fuchs, Entitlements Manager, Rick Jansen V.P. of Land Acquisition and Ed Hasek and Chris Moerhl from Westwood Professional Services. She explained the impact the re-delineation of the primary overlay district has had on their project. Chairman Sacchet opened the public hearing. Rick Dorsey, who owns property on Lyman Boulevard, stated he had numerous comments but would wait until the next public hearing to get into more details of the project. John Chadwick, 11430 Ryan Circle stated he was representing 13 Planning Commission Summary – April 19, 2005 the Peterson family property which has many similar features to the Bernardi parcel, i.e. zoning, boundary lines, etc. He stated the questions the commission needs to ask themselves when considering this project is how does this plan fit in with your overall community goals? How does it fit in with the land use and the whole 640 acres? How does it fit in on this particular parcel, and by definition how does it fit in with the neighbor? Chairman Sacchet noted that the public hearing would remain open until this item comes back. Commissioner Papke asked if the school district was aware of this development and the impact on the schools. Keefe moved, Zorn seconded that the Planning Commission table action on Liberty on Bluff Creek, Planning Case No. 05-11. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner Papke noted the verbatim and summary minutes of the Planning Commission meeting dated April 5, 2005 as presented. Kate Aanenson reminded the Planning Commission of their joint work session with City Council th on Monday, April 25 at 5:30 p.m.. Chairman Sacchet adjourned the Planning Commission meeting at 10:50 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 14