CC Minutes 4-11-05
City Council Meeting - April 11, 2005
Julie Fuecker: My name's Julie Fuecker, 6751 Manchester Drive. I live on Manchester Drive
and it's going to be opening it up to that and I guess I'm not sure what you're talking about with
easements. I'm very naïve on this. We have a group of homes in this area here that have an
easement that has a bunch of trees. Are you getting rid of that and widening that or what's the
point of impact on these homes that butt up against the new development?
Matt Saam: Sure. Your easements are not being affected. It'd be the easements on the property
to the north of you. We're vacating or releasing the existing ones because they're being replaced
with the development of the property by new easements and in fact wider ones.
Julie Fuecker: Okay, so the one here in Woodridge Heights remain the same?
Matt Saam: Correct.
Julie Fuecker: Okay.
Mayor Furlong: If anybody else would like to come forward on this topic. Interested parties. If
not, without objection then I'll close the public hearing and we'll bring it back to council. Any
additional questions for council on this matter? For staff. If not, is there any discussion from
council? Hearing none, is there a motion?
Councilman Peterson: Motion to approve.
Councilman Labatt: Second.
Mayor Furlong: Thank you. Made and seconded. Any discussion on the motion?
Resolution#2005-41: Councilman Peterson moved, Councilman Labatt seconded to
approve the resolution vacating the existing public drainage and utility easements as
defined on the attached vacation description. All voted in favor and the motion carried
unanimously with a vote of 4 to O.
REQUEST TO SUBDIVIDE 2.77 ACRES INTO 6 SINGLE FAMILY LOTS WITH
VARIANCES: LOCATED AT 6500 CHANHASSEN ROAD (NORTH OF FOX HOLLOW
DRIVE, WEST OF HIGHWAY 101, AND SOUTH OF PLEASANT VIEW ROAD): FOX
DEN: APPLICANT 10 SPRING, INC., PLANNING CASE 05-08.
Kate Aanenson: Thank you Mayor, members of the City Council. 10 Spring Inc., the applicant
is requesting to subdivide 2.77 acres into 6 lots. The site is just north of the Fox Hollow
subdivision has direct access, or abuts Highway 101. Access to the site is via Fox Drive. Again
that was a paper street that was put in place at the time that the subdivision, again as staff, when
we look forward to how the property would be served in the future. We take that into
consideration. There is an existing home on the site. That will be removed. The average lot size
is 15,452 square feet so all the lots do meet the minimum standards as far as the zoning
ordinance. The staff did have some concerns on Lots 1 and 4, and I'll show you the home plans
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City Council Meeting - April 11, 2005
for those in just a minute. Again the majority of the site will be graded. As you can see the
perimeter, working to save the existing trees. The stub street to the site, as I indicated, was
proposed by staff at the time that this plat went in. That was done as a PUD. Little bit nan-ower
streets and they have variances on the front yards. Because the existing right-of-way is in place,
staff is recommending that the 50 foot remain. Although we are recommending, that we are
recommending that valiance, continuation of that. And then the pavement width would be the
same. It's just the right-of-way that would be different. Some of the issues that came up on this
plat would be the drainage. There's an existing pond. The Planning Commission did spend
some time discussing whether or not that pond could be sized. In reviewing it with the applicant
it appears that that's the appropriate place to put the pond. Again that's detailed on page 4 of
your staff report. Looking at other locations, there's existing monument sign and some of those
S0l1 of things, and as you're aware with the storm water management plan, it's our goal to
combine those and make the best of that site that's already there. Again our ordinance hasn't
changed since the Oliginal Fox Hollow went into place and the City would then take ownership
and maintenance of that. So there will be some water quantity and quality fees paid to that and
then ultimately would take over the maintenance of that. The other area, I mentioned the street
going with the 50 foot right-of-way. That is going to be our recommendation and the other,
we'll be taking park fee extraction. There is a park, North Lotus just immediately adjacent to
this propel1y and in close proximity. With that, I just want to take a minute to talk about the
homes. One of the things that we noticed our lot size, our width requirement is 90 feet. In some
of those areas where they're right at 90 feet we start to get concerned because when that
ordinance was put in place, as we've discussed with the Planning Commission, it was typical to
have a 2 car garage. Now everything that we see is a 3 car garage, so we wanted to make sure
that a reasonable sized home could be placed on that. So if you look at Lots 1 and 4, which were
the ones that were tight at the 90. We wanted to make sure, so the applicant did show us the
house plan that they would propose for those lots, and again that does meet. Again it has a 3 car
garage, which we believe is the acceptable kind of size that would be built for the community
right now. So those lots do work. We have had some recent subdivisions, some smaller ones
have gone in that for some reason a homebuyer wanted to increase the square footage and we did
not support the variance and those were replatted to accommodate the bigger house size. Again,
it's not our goal to put a lot in place to have vatiances. We would consider that self created
because this is a brand new subdivision. So we're relying on the developer that these would be
the similar size style home that would fit on those lots. Again there was some concerns from one
of the neighbors, and I'd just like to take a minute to go through that. This neighbor right here
agam.
Mayor Furlong: I'm sorry, could you point again.
Kate Aanenson: This neighbor right here.
Mayor Furlong: Thank you.
Kate Aanenson: In existing Fox Hollow subdivision. This did go to the Planning Commission
on March 15th. There is some of the records that we addressed during that meeting but there was
some additional information. One was regarding the lot width. Why couldn't it be 24 feet?
There was a lot of information specifically given from public safety regarding, if you parked on
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City Council Meeting - Aptilll, 2005
the street, those sort of things, it would really prohibit because it is a public street to go that
nan-ow, so the current design at 31 feet is our standard and we believe that that's the appropriate
width for that area. There was also a question regarding boulevard plantings. The neighbor did
want to look at some evergreen trees, again for sight line reasons. If you look at where that Fox
Hollow Drive goes all the way to North Lotus Park. Turning movements through there. We
haven't approved street trees, evergreens for boulevard. If we do, we'd look at pines would be
the one permitted. The spruces. Again they're fuller on the bottom and they cause some sight
distance and snowplowing storage so if the City Council did want to approve that as an
alternative we would recommend that they be pines. Again provide some additional screening.
Planting width. There was some indication that the staff mis-informed, and I think it's how it's
interpreted and we interpret it that the, and we have always interpreted that there's a minimum
tree every 30 feet. Again, they could be spaced such but we found that putting them too close
together actually does dettiment in the long run as far as the growth, so we'd recommend that.
There was a retaining wall originally proposed on the site and that retaining wall has been
removed. You do not have the cun-ent construction... There's a little bit more detail on that
regarding some blockage on the other side. That was field investigated and it appears that there
might be some outlet control measures that need to be fixed on the Eden Prairie side. That
contact has been made to see, to get them to fix that portion of, that may be causing problems.
Again that will be further delineated and desctibed in the final plat. And ultimately there was a
question regarding a land survey. Some errors. I think that was just described and the notes that
were desctibed on the survey, but we believe that they close approptiately and there's no
discrepancy. Just some call outs in certain elements of the survey themselves. So with that we
are recommending approval, as did the Planning Commission, with the conditions outlined with
the vatiance for the right-of-way, and I'd be happy to answer any questions that you have.
Mayor Furlong: Thank you. Questions for staff. Councilman Labatt.
Councilman Labatt: Kate, you talked about the utility pond will be taken over.
Kate Aanenson: This one, con-ect.
Councilman Labatt: Which one?
Kate Aanenson: This part right here.
Councilman Labatt: Ahight. The one that's existing tight now.
Kate Aanenson: That's con-ect. It's existing tight now. It would be enlarged.
Councilman Labatt: What's our long term exposure or expense as far as, the fees we're going to
be taking in, are we going to be covering ourselves?
Kate Aanenson: correct.
Councilman Labatt: For how long?
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City Council Meeting - Aplil 11, 2005
Kate Aanenson: That's the whole storm water management plan maintenance and that's part of
what we're doing with the SEH update. Getting all those inlet/outlet structure points. And that
will be pat1 of the management plan, what ponds we need to be maintaining at what time point.
Point in time, COlTect.
Councilman Labatt: Well what do you foresee as far as maintenance or.
Kate Aanenson: We already have quite a few of them on a maintenance schedule. Some of the
older ones. Maybe Matt wants to address...
Matt Saam: Sure, Councilman Labatt. As far as maintenance, what we're talking about is
typically once every 5 years we might go in and remove a sand delta, which is usually a few feet
in front of the inlet apron to the pond. You know sediment that gets in the storm sewer then
washes into the pond. It typically forms like a sand bar near the inlet to the pond. That's what
usually needs to be dredged out. With this development however, because they're increasing the
size of the pond, they're going to be draining it all down, as I understand, and I think at that time
we'll be using that, since the pond will be drained, now using that time to dredge out the pond to
make sure it's operating effectively.
Kate Aanenson: It's a pretty old pond, yeah.
Councilman Labatt: Okay.
Mayor Furlong: Other questions for staff? Couple here. There was, you answered most of my
questions in the staff report, so I appreciate that. The Planning Commission, after hearing the
public hearing comments added a few additions to the requirements under item 12 I believe.
Some of these you've addressed. Some of them are more a staff work with developer to explore
this. I guess my question is, as you look at this and as we're consideling this for the preliminary
plat this evening, have some of these already been taken care of?
Kate Aanenson: That's COlTect.
Mayor Furlong: ...if I understand your thoughts on (j) through (m).
Kate Aanenson: Sure. As I indicated, looking at the pond location, that is the best place for the
pond location. Trying to preserve some of those trees. It's counter productive to pond versus
trees.
Mayor Furlong: So just for expediency, it would be staff's recommendation that you've done
this already?
Kate Aanenson: COlTect, yes. We have looked at all those issues.
Mayor Furlong: You have looked at all these issues that were addressed, okay.
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City Council Meeting - Aptill1, 2005
Kate Aanenson: And it goes specifically back to the evergreens on the street. If we wanted
evergreens instead of a deciduous, just the recommendation on the species type.
Mayor Furlong: Okay, and I think that would fall within this proposed condition here, is getting
staff's recommendation on anything different. Okay, thank you. Any other questions for staff?
At this time. No? If not, is the applicant here? Is there any items you'd like to address to the
council.
Scott Rosenlund: Good evening. I'm Scott Rosenlund, 622 West 82nd, Chaska and with 10
Spting Inc. Part of the developer. And no, I don't have anything to add but if you did have
questions our engineeting firm, Cara Otto is here too to address any questions you might have.
Mayor Furlong: Okay, thank you. Any questions for the applicant? Very good. Thank you sir.
Appreciate you being here. With that I'll bting it back to council for discussion. Any discussion
on this?
Councilman Peterson: No, I think it's straight forward and I think staff has worked with the
applicant in making a better project, along with Planning Commission so I'd recommend
approval.
Mayor Furlong: Okay, thank you. Anything?
Councilwoman Tjornhom: I agree with Councilman Peterson that it's pretty straight forward.
The Planning Commission did a great job of ironing out all the wrinkles and no problem.
Mayor Furlong: Okay. Very good. Councilman Labatt.
Councilman Labatt: I don't disagree at all with my counterparts.
Mayor Furlong: Okay. The one thing I was checking out too was the issue that Councilman
Labatt raised earlier with regard to the ownership of that pond. I think what we're doing is we're
accepting the improvements to that pond, but the city already owns it.
Kate Aanenson: The city owns it, that's con-ect.
Mayor Furlong: The city owns it now and is responsible for the current maintenance on it so
we're going to allow the developer to improve the pond and then we'll accept those
improvements.
Kate Aanenson : Yes, and also. . .
Mayor Furlong: And do everything else we've talked about.
Kate Aanenson: Correct, and we're also getting storm water quantity and quality fees as a part
of it.
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City Council Meeting - April 11, 2005
Mayor Furlong: Okay. Thank you. No, I would concur with my fellow council members. I
think the issues that were raised at the public hearing, the Planning Commission and staff worked
on a number of those and while there may be differences of opinion, I think this is a reasonable
proposal for the property and so I would support the preliminary plat. Any other discussion?
Hearing none, is there a motion?
Councilman Labatt: Move approval for staff's recommendation.
Mayor Furlong: For the staff rep0l1? There's no rezoning required on this at all so it would just
be, you're moving the preliminary plat motion beginning on page 10 of the staff rep0l1?
Councilman Labatt: Yes.
Mayor Furlong: Thank you. Is there a second?
Councilwoman Tjornhom: Second.
Mayor Furlong: Made and seconded. Any discussion?
Councilman Labatt moved, Councilwoman Tjornhom seconded that the City Council
approve the Preliminary Plat for Planning Case #05-08 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 requiring maintenance or replacement shall be maintained or replaced.
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 preapproved 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 dewatering 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:
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City Council Meeting - April 11, 2005
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 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 approptiate 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 dewateting))
and comply with their conditions of approval.
10. Building Depm1ment 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. 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 prior to and duting 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.
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City Council Meeting - April 11, 2005
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 sha1l 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 wi1l 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,S
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 propel1y line near the existing shed, shall be preserved.
1. The applicant shall plant boulevard trees along Fox Hollow Drive and Fox Drive to
replace trees lost due to pond expansion. One tree shaH be planted every 30 feet except
within the sight triangle. Species selected shall be approved by the city.
J. Developer wi1l work with staff to explore possibilities of minimizing tree loss to the north
of the pond and consider alternate design on the pond using available space.
k. Developer will work with staff to consider buffer plantings around the pond.
1. Developer will work with staff to evaluate the impact to the buffer trees to the north of the
cul-de-sac on Lot 4.
m. Developer will work with staff to evaluate the placement of evergreens versus deciduous
for buffeting purposes.
13. On the Utility plan:
a. Show all easements.
b. Add a note "Any connection to existing structures must be core dri1led.
14. Add the following City detail plates: 1005,2001,5300 and 5301.
15. If importing or expo11ing 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.
16. The sanitary sewer hook-up charge will only be applied to five of the six new lots. The
water hookup charge will sti1l 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.
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City Council Meeting - April 11, 2005
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 secutity 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 tight-
of-way of Fox Dtive 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
right-of-way.
25. The developer shall pay full park dedication fees."
All voted in favor and the motion carried unanimously with a vote of 4 to O.
COUNCIL PRESENTATIONS: None.
ADMINISTRATIVE PRESENTATIONS: None.
CORRESPONDENCE DISCUSSION.
Councilman Peterson: Mr. Mayor I think the only thing I'd like to bring up is that the farmers
market is going to happen again starting June 4th so let's start advertising that and hopefully it
will get bigger and better and better attended than last year so we can continue to grow that.
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