CC Minutes 4-25-05
City Council Meeting - April 25, 2005
1-- HIDDEN CREEK MEADOWS; CONSIDER APPROVAL OF SUBDIVIDING 19.2
ACRES INTO A 21 LOT SINGLE FAMILY SUBDIVISION WITH VARIANCES; A
WETLAND AL TERA TION PERMIT TO ALLOW CROSSING A CREEK AND
WETLAND WITH A PUBLIC STREET; LOCATED AT THE ENDS OF PIPEWOOD
LANE AND CARTWAY LANE. NORTH OF HIGHWAY 7. APPLICANT D & G OF
CHANHASSEN. LLC; PLANNING CASE 04-31.
Public Present:
Name
Address
Perry Ryan
Dean Carlson
Cindy Gee
Jenni & Peter Thomsen
Jeff & Lisa Jewison
John & Dale Collins
Kathy Schurdevin
Don Rodriguez
Excelsior
Eden Prairie
4001 Aster Trail
4001 Aster Trail
3842 Meadow Court
Glencoe
3921 Aster Trail
700 Shadyview Lane, Plymouth
Kate Aanenson: Thank you. The applicant is requesting a 21 lot subdivision with 2 outlots. The
subject site is located north of Highway 7 on the very northern limits of the city adjacent to the
City of Shorewood and Victoria. It's an extension of existing plat. This subdivision of this
application actually has 3 requests. Subdivision approval, a variance with a wetland alteration
permit. This item first appeared before the Planning Commission back in November. At that
time there was some additional lots that were, 23 lots. In reviewing it it appeared that maybe the
lots were a little narrow and the staff had recommended some revisions to the plat so the
subdivision you see today is actually 21 lots. That item we re-heard before the Planning
Commission on February 15th, 2005 and they did recommend approval with some modifications.
One being the cul-de-sac being moved back from Cathcart Drive which I'll go through in a
minute, and providing a buffer. So when the subdivision first came in, Outlot D, which was a
lot, the creek goes through that property. It has been eliminated as a lot. It will now be an
outlot, which we think is the best way to preserve that area with the creek through it. The other
outlot is where the storm water pond and the existing large wetland, and again this will help, and
staff always tries to connect streets and in looking at kind of creating a puzzle and tying
properties together, when this subdivision came forward, which is just immediately on the east
side, there was a recommendation for a stub street. Because this is a continuation of the existing
Hidden Creek, it does present a long cul-de-sac so we did want to give it a secondary access.
There is potential future development to the north on the Schmidt's Acres parcel but we do want
to provide a secondary access, which would be via Cathcart Way. Therefore the staff is
recommending, had recommended that the cul-de-sac touch down at that point so there is a
secondary access out that street is maintained, Cathcart Way. Again it's not the intent for the
residents use but it does provide an emergency access now. There is a 10 foot buffer similar to
what we have just approved tonight, cul-de-sac with a 10 foot buffer between and also most
recently on the Yoberry plat. Again it's our interpretation that it does not meet the double
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City Council Meeting - April 25, 2005
frontage lot. I think for the most pat1 that's the main points of it. We're not requesting parks.
There's Cathcat1 Park located in the area so there will be fees taken for that. The other thing that
I think this subdivision also provides is there is, because the two subdivision in this area, the
subdivision in this area are older. The stOlID water quantity and quality for this area is also
picking up additional runoff so they're providing a greater area, treatment area so the city is
giving them credit for providing a larger treatment area. Again because of the creek and the
sensitivity to the area. That's a plus, providing larger treatment. Again, it does have a longer
cul-de-sac is why we're recommending the secondary access out, but with that the Planning
Commission is recommending approval with the conditions in the staff report. I'd be happy to
answer any questions that you have.
Mayor Furlong: Thank you. Questions for staff.
Councilman Lundquist: Kate, can you do a little more detail on the road. Where it's at now and
the secondary access. You had me until the part about residents not using it.
Kate Aanenson: Sure. There's some residents, I'm sorry. Hidden Creek would not use it.
There are some homes on the Cathcart Way that do use that, it's a gravel road. Sorry, I grew up
in Excelsior. I don't know that area very well so, so this cul-de-sac would not, these people
wouldn't use that street. But the intent is that it would be used for emergency access only. If
you follow me.
Mayor Furlong: I guess with regard to location of the cul-de-sac, that's one of the reasons why
the cul-de-sac is located there in the development?
Kate Aanenson: That is conect. So we have, so we're maintaining plowing that so we have an
access for emergency, if we had to come down that way or go out that way.
Councilman Lundquist: And then your comments about connecting the neighborhoods would
be.
Kate Aanenson: The original goal when this was platted, and I can pull that out. Again it was
done by Mr. Carlson who lives in that area. If you look at the conditions of approval, this was
the letter I've attached, was intended to be a street dedicated. That would have been our first
choice, is to push the street through as shown on the dedication, which is also on this one. But
utility and drainage easement on this plat was recorded but not the street. That was one of the
recommendations that now the City Attorney over the last number of years has recorded all
documents to make sure that they're recorded correctly. At this time it goes back a number of
years. It may have been recorded by the developer and not the attorney as we do those now, but
that was how we provided the recommended access be provided to this piece of propel1y to the
east. So again we always look at two access points. Could it be further subdivided to the n0l1h
as I indicated where there would be a public street, and that would be looked at if Mr. Carlson
fm1her subdivided that property.
Councilman Lundquist: So that's what you've got shown in there to the n0l1h of that?
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City Council Meeting - April 25, 2005
Kate Aanenson: Conect. Again, we're providing, showing that there is another way as we
always do on every piece, how could that piece get access if it wanted to be further subdivided.
Councilman Lundquist: Then one of the issues we have now with current residents concern is
they back up to that cul-de-sac where that was supposed to go through at one time.
Kate Aanenson: Correct. Yeah, and there was a question on the interpretation of the double
fronted lots, right, and again we've had that 2 or 3 times, and there's a 10 foot buffer in there.
And that wasn't on the original. That was one of the recommendations of the Planning
Commission so that has been changed on the plat.
Councilman Lundquist: Okay.
Mayor Furlong: Other questions for staff? Kate I think also coming out of the Planning
Commission on that same issue with the, moving the end of the right-of-way of the cul-de-sac to
the west, and then planting some landscaping. Can you, just so I'm clear, how much landscaping
was being recommended? I know at the end of the cul-de-sac itself, or the eastern end of the cul-
de-sac there was some recommendation.
Kate Aanenson: Right, a minimum of 9 evergreens and 3 ornamental trees be planted at the end
of that cul-de-sac.
Mayor Furlong: And those would be in the.
Kate Aanenson: The 10 foot.
Mayor Furlong: The 10 foot area which is part property, or Lot 12?
Kate Aanenson: Correct.
Mayor Furlong: Okay. And then was there also some request for planting along Lot 12 as well
as it goes.
Kate Aanenson: Well that would be that portion of Lot 12. Again there was a recommendation
to flip this so the flag would be the other way. Again it doesn't resolve the conflict of still trying
to get a public street to the cartway. In addition, putting the flag on there, there's a large wetland
there. Lot 12 is almost 1 acre in size. It's a pretty big lot so at that point you have to look at the
reasonableness and it seems reasonable to give a variance when you've got that large a piece.
Again, we had intended that street to go through.
Mayor Furlong: Okay. I guess to summarize just for my clarification, the recommendation
coming as it went through the process of the Planning Commission was to move the end of the
right-of-way to the west 10 feet.
Kate Aanenson: Correct.
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City Council Meeting - April 25, 2005
Mayor Furlong: To provide not only the private propel1y there but also then to provide a means
to do some planting.
Kate Aanenson: A buffer area, correct.
Mayor Furlong: A buffer area, okay. Thank you. Okay. Good. Any other questions for staff at
this point? If not, is the applicant here this evening? If there's anything you'd like to address to
the council.
Dean Carlson: Hello. My name's Dean Carlson with D&G of Chanhassen, the applicant on this
plat. We are in complete agreement with the planning having gone back and forth quite a few
times on this for many months to make it light so we feel pretty good about the staff's
recommendations and being able to accommodate those requests and we're here for questions
and comments if you have them.
Mayor Furlong: Appreciate that. Any questions for the applicant? No? Okay. Very good,
thank you. There was a public hearing on this project at the Planning Commission. Some things
have changed. Been modified since then. I guess just to make sure if there's some comment that
members of the public would like to make on this, again we've reviewed the Planning
Commission minutes and are familiar with the issues raised there so, but if there's any changes,
we cel1ainly would like to listen to any public comment if there's a desire to do so. If they'd like
to come forward to the council. Sure, why don't you come on to the podium if you could state
your name and address.
Jenni Thomsen: My name is Jenni Thomsen and I live at 4001 Aster Trail and I'm wondeling
what action will be taken to protect the trees that will be in the Outlot B? Or if they will be
replanted or.
Kate Aanenson: Yep, I'd be happy to answer that. That was one of the recommendations that
the forester had made, and that's that we actually kind of walked that site. They had Oliginally
proposed it as a lot. We felt that wasn't a good lot and preserve the trees, so as with any
construction project before they begin, there's a stake field marked so that is our intent. Our
forester is recommending that we actually try to save as many of those and we'd actually fence
that area off with tree fencing so they're not in, try to save as many of those trees.
Mayor Furlong: And our city staff goes out to the site and does that?
Kate Aanenson: That's conect. Before construction begins on any project, after the pre-con.
Mayor Furlong: Alright. Good question. Is there any other public comment?
Jeff Jewison: Hi. My name is Jeff Jewison at 3842 Meadow Court and our issue has been kind
of stated fairly clearly so I won't go into those but I did have a question regarding the double
frontage on how that's defined. It makes sense to me that double frontage is two frontages and
we have a cul-de-sac in our front yard and one in our back. The first time we raised it we were
told that it wasn't double frontage because of the cat1way that would touch our property so
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City Council Meeting - April 25, 2005
there's existing double frontage. But once we proved that, that our lot doesn't touch that, then
we got okay, our lot is technically a corner lot because of that right-of-way between our house
and the northern house, but we proved that that doesn't exist either so I'm kind of wondering
why it's not considered a double frontage lot. I guess that's my question.
Councilwoman Tjornhom: Could you put the map back up again so he can show me exactly
where his house is and show me everything?
Kate Aanenson: Sure.
Jeff Jewison: Yeah, this house right here. So our front yard is along this part right here, and
then our back yard would be along this part right here. So I'm not sure why that wouldn't be
double frontage, and since we're not a corner lot and this.. .doesn't exist, and the cartway doesn't
touch our property. It's about 10-20 feet off.
Mayor Furlong: Okay, fair question. Do you want to address that? The question is, with the
plan, why his lot is not, would not be considered double frontage.
Kate Aanenson: Correct. Again, our interpretation of a double fronted lot is they're not
touching so there's a 10 foot buffer inbetween is our definition.
Todd Gerhardt: Which would be the ownership of Lot 12.
Kate Aanenson: Conect.
Todd Gerhardt: There's a lot, that flag part of the lot, correct.
Mayor Furlong: Alright. And that's 10 foot property to the right-of-way.
Kate Aanenson: He's actually a little bit more than that. The flag is about 30 foot.
Todd Gerhardt: Kate, could you just show me that area on the plat.
Kate Aanenson: It's actually the neck of the flag right here, which is this part is 30 feet, as it
gets closer up here. You know it's down on the back side of the bulb to 10 foot.
Mayor Furlong: And that's to the light-of-way. How much is the distance between the outer
portion of the right-of-way and where you'll see the curb? Of that cul-de-sac. What's the
distance in.
Kate Aanenson: Between this property line and the back of the curb? 10 feet.
Mayor Furlong: I thought the 10 foot was to the right-of-way. Isn't the.
Kate Aanenson: Oh it'd be more than that, I'm sorry. More than that.
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City Council Meeting - April 25, 2005
Paul Oehme: If there's 10 foot of frontage for Lot 12. it's going to be about 25 feet from his
property line to the back of that curb there.
Kate Aanenson: So if! can clarify that. There's a light-of-way line and actually the asphalt
stops short of the light-of-way line, so typically when you go out there it appears greater. So
while, if you measure from property line to property line, it's 10 feet but if you measure from the
asphalt to the propel1y line it's approximately 25 feet.
Mayor Furlong: Okay, thank you.
Councilman Lundquist: And how far from the back of the propel1y line to the back of Mr.
Jewison's house?
Kate Aanenson: I was just scaling that off. It's at least 50 feet it looks like.
Mayor Furlong: I thought I saw 70 something number.
Kate Aanenson: 75, okay yeah. I'mjust scaling it off and it was at least 50, right so.
Todd Gerhardt: And Kate just to add, that will be where those 9 trees are going to be planted?
Kate Aanenson: Right, in this area of the back of the cul-de-sac because the issue was the lights,
from my understanding.
Mayor Furlong: Okay, alright. Thank you. Any other questions or comments from the public?
Debbie Lloyd: Good evening. Debbie Lloyd, 7302 Laredo Drive. As you know I follow a lot of
these cases and this is not an unusual situation. We've seen double frontage come up in the last
few months and I feel like people of Chanhassen are being cheated. There isn't a standard. It
says in the code that double frontage should not be created unless there's a collector street or an
at1ery street, and there's a standard of 10 feet there or something, but you know in Yobeny you
applied 130 foot yard setback for that neighborhood and tonight in Fox Den you applied a 16 1¡2
foot setback, but yet for these folks you apply a 10 foot setback. Ijust don't think it's fair and I
want to point that out. Thank you for listening.
Mayor Furlong: Okay, thank you.
Kate Aanenson: My only comment again, the first choice was to bring that street through the
subdivision and unf0l1unately we don't have that choice, but that was a decision made a number
of years ago to have that street extended that way. That would have been our first choice.
Mayor Furlong: Okay. Okay thank you. Any other comments from the public? We appreciate
those. Okay, let me bring it back to council for discussion or additional questions. Councilman
Lundquist, you had a question or point of clarification.
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City Council Meeting - April 25, 2005
Councilman Lundquist: I was going to ask a similar to what Mrs. Lloyd brought up about the
recent ones. I couldn't remember the distance between Harrison Hill and the cul-de-sac in
Yoberry. But got that clarified in her comment so.
Mayor Furlong: Alright, thank you. Any other questions then? We'll move into discussion.
Comments. Thoughts. Councilman Lundquist, you want to, first comments, thoughts.
Councilman Lundquist: I think as Kate said, representing the staff, it sounds like an unfortunate
oversight a number of years ago kind of got us into this situation and got to have some access
into this development to allow it to be developed. So I think some things have been done and
attempts to mitigate some of the infractions to mitigate some of the potential issues there.
Probably in making the best out of a situation so is it perfect? Probably not but dealing with the
situation as it is, I feel comfortable with where we're at and the steps taken to work with what we
were glven.
Mayor Furlong: Okay, thank you. Other comments. Councilman Labatt. Thoughts.
Councilman Labatt: I would agree with the comments of Mr. Lundquist. I think that staff has
obviously taken the opportunity here to look in the future of connecting this road up to the north
or east. And in addition also mitigating the impact on the end of the cul-de-sac so, and a couple
would maintain the trees in the outlot and protecting those and I think other than that I'm fully
supportive of it.
Mayor Furlong: Okay. Thank you. Councilwoman Tjornhom.
Councilwoman Tjornhom: No, you know I sometimes, it's no secret. ..neighborhoods
connecting to other neighborhoods. I always honestly do feel for the people that are going to
have their roads changed and their neighborhoods changed. When you talk about double
frontages and numbers, you know I think you work with what you have. With Yoberry I think
we had that space to work with. I think here, due to decisions that were made a long time ago
that we weren't a part of, this is what we have to work with and I think it's unfortunate but that's
just where we are light now. And I think the developer, I mean he's, I was on the Planning
Commission when this came through in November I believe, and it's a lot better than it was. I
think we had 64 conditions or something and so really it's been whittled down and shaped and he
gave up 2 lots so far, as far as I, correct?
Kate Aanenson: That's correct.
Councilwoman Tjornhom: And so I've got to hand it to him for trying to work with the
neighbors and staff and do the right thing and have a good development.
Mayor Furlong: Okay, thank you. Councilman Peterson.
Councilman Peterson: Mr. Mayor, I think that what I'm challenged by is the inconsistencies and
I know that inconsistencies are a part of what we do at this council. However, I guess in my
comments I'd just ask for support from staff that there isn't anything we can do to push it out
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City Council Meeting - Aplil 25, 2005
fat1her without losing another lot. I'm not motivated to lose another lot for the developer and
owner, but there's nothing we can do to pull it fat1her away without losing a lot? Does it come
down to are we talking inches? Feet now or.
Kate Aanenson: No, I think we spent the last few months working on actually between
November and when it went back in February, but we spent a lot of time looking at that. Again
they did drop 2 lots because we originally felt they were a little narrow. So really I don't think
the other recommendation was, as I mentioned, turning that neck around, and it doesn't work
with that large wetland and that is almost a one acre lot. We did really spend a lot of time with
the applicant's engineer to find a better solution. I would agree it's not the best but.
Councilman Lundquist: Craig, are you asking about pushing the cul-de-sac further to the west?
Councilman Peterson: That would be an obvious question, yeah.
Kate Aanenson: Yeah, it was pretty thoroughly explored.
Councilman Peterson: Yeah. Aside from that struggle Mr. Mayor, I think it's a very good
development and it would be a nice asset for that area. It's always unf011unate when you can't
have everything you want. In this case I obviously look to staff to have the creative solutions
above my meager technical knowledge so I think this is pretty... that we can't find a solution for
it.
Mayor Furlong: Okay. Well thank you. I enjoy hearing those comments. I think one thing, just
as a, I'm in COnClllTence with my fellow council members. The one thing that they come up, just
to say how these things happen. Tonight prior to the meeting the council met in joint session
with our Planning Commission and some of these issues came up and we were talking about the
process and the role of the process, and I guess this is one of those examples Mr. Jewison and
Mrs. Jewison came up and stat1ed questioning, are we meeting the ordinance? Are we meeting
the, and indeed what some assumptions that existed didn't exist and so while it takes a lot of
eff011, there may not be an ideal resolve, I guess I take a little bit of comfort in the fact that
we've made some improvements in terms of that distance. You know the distances from the
back of homes is a function of the distance between the back of the home and that homeowners
back propel1y line, as much as anything else so if there's an inconsistency or if there's something
we can look at in these types of situations on from the property line to the right-of-way, is that an
issue that we need to look at for consistency because we're never going to find consistency
between, and the way we as a city developed when you look at the new development that's going
in, and some of the older developments I think in Carver Beach. You know there's
inconsistencies between setbacks and how far homes are from propel1y lines so that may not be a
workable distance but maybe something from the propel1y line and something for consistency
that we can look at, so.
Kate Aanenson: Sure, well and at that time Meadow Court was built with a 50 foot light-of-way.
Now we go with 60 so there's a lot of.
Mayor Furlong: Things change.
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City Council Meeting - Apli125, 2005
Kate Aanenson: Things change, light. So it's figuling how to blend those two together is the
challenge.
Mayor Furlong: And again, how far, what I'm hearing here from the council, and it's the issue
that the developer and the staff were working with, is how far west can that cul-de-sac go and
still make, still kind of make the best of what we've got and what I'm healing is, we've got now
the best of what we've got. We want to hear from Councilwoman Tjornhom how much
improved it is from the Planning Commission, that gives me some comfort too. That tells me
you know we're getting the best result we can so.
Kate Aanenson: Or if Mr. Carlson would have participated in the subdivision we would have
had a different way out. There's a lot of variables but you have to go with what's presented in
front of you and try to make the best of it.
Mayor Furlong: So I guess with those comments, not reiterating what's been said before, I'm
comfortable going forward with this. Any other discussion? If not, is there a motion?
Councilman Labatt: Mayor, I'd move that we approve the recommendation for the plan per
staff's recommendation with the conditions 48 and 56 being amended too as per the staff report.
Mayor Furlong: Thank you. Is there a second?
Councilman Lundquist: Second.
Mayor Furlong: Made and seconded. Any discussion on that motion? Seeing none, we'll
proceed with the vote.
Councilman Labatt moved, Councilman Lundquist seconded that the City Council approve
preliminary plat for a subdivision with a variance for a flag lot, plans prepared by Ryan
Engineering, dated August 20, 2004, revised October 14,2004 and January 14,2005, subject
to the following conditions:
1. A final grading plan and soils report must be submitted to the Inspections Division before
building pelmits will be issued.
2. Demolition permits must be obtained prior to demolishing any structures on the site.
3. Separate sewer and water services must be provided each lot.
4. Retaining walls more than four feet high must be designed by a registered structural engineer
and a building permit must be obtained plior to construction.
5. The sauna on Outlot B must be removed.
6. Outlots A and B shall be dedicated to the City.
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City Council Meeting - April 2S, 2005
7. No buming pe1mits will be issued for trees to be removed. Trees and shrubs must either be
removed from site or chipped.
8. 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 duling the time of
construction except when approved alternate methods of protection are provided. Temporary
street signs shall be installed on each street intersection when construction of new roadways
allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code Section SOI.4.
9. A 20-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 fire
hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen
City Ordinance #9-1.
10. Full park fees shall be collected at the rate in force at the time of final plat for 17 single-
family residential lots.
11. The grading on Lots 10-12, Block 2 shall be revised to avoid grading within the wetland.
12. The applicant shall create a five-year maintenance and monitOling plan for new wetland
construction to ensure proposed wetland functions and values are obtained and non-native
vegetation does not encroach into the mitigation area. The monitoring plan shall include the
preparation of annual rep011s as required by the Minnesota Wetland Conservation Act.
13. Wetland buffer widths of 16.5 feet to 20.0 feet shall be maintained around all wetlands on-
site. All structures shall maintain a 40-foot setback from wetland buffer edge. Wetland
buffers and wetland buffer setbacks shall be shown on the grading plan. Wetland buffer areas
shall be preserved, surveyed and signed 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 will pay the City $20 per sign.
14. The applicant shall develop detailed plans (including an erosion and sediment control plan)
for the installation of the culvel1 at Pipewood Lane. A winter installation of this culvel1 is
preferable. A professionally engineered temporary diversion of the stream through a stable
channel during culvert installation is an acceptable alternative.
15. The applicant shall demonstrate that the installation of the 42" proposed culvel1 at Pipewood
Lane will not cause water to back up through the existing 4' by 6' culvel1 under Highway 7
to the south side of Highway 7 in 10 and 100-year storms.
16. All structures shall maintain a minimum 50-foot setback from the ordinary high water level
of the creek.
17. The applicant shall submit calculations to ensure that the pond is sufficient to provide water
quality treatment to NURP standards for stOlm water from the development.
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City Council Meeting - April 25, 2005
18. The proposed storm water pond shall be designed to accommodate storm water from the
upstream areas of the MC-A2.6 subwatershed.
19. 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:
Time
Type of Slope (maximum time an area can remain unvegetated
when area is not actively beÏIU!: worked)
Steeper than 3:1 7 Days
10:1 to 3:1 14 Days
Flatter than 10: 1 21 Days
These areas include constructed storm water management pond side slopes, 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 man made systems
that discharge to a surface water.
20. Daily scraping and sweeping of public streets shall be completed anytime construction site
soil, mud, silt or rock is tracked or washed onto paved surfaces or streets that would allow
tracked materials or residuals of that material to enter the storm water conveyance system.
21. At this time, the estimated total SWMP fee due payable to the City at the time of final plat
recording is $45,348.
22. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, United
States Army Corps of Engineers) and comply with their conditions of approval.
23. Plior to final plat approval, a professional civil engineer registered in the State of Minnesota
must sign all plans.
24. Prior to final platting, storm sewer design data with a drainage map will need to be submitted
for staff review. The storm sewer will have to be designed for a lO-year, 24-hour storm
event. The pond is required to be designed to National Urban Runoff Program (NURP)
standards. Drainage and utility easements will need to be dedicated on the final plat over the
public storm drainage system including ponds, drainage swales, and wetlands up to the 100-
year flood level. The minimum utility easement width shall be 20 feet wide.
25. Type II silt fence must be used adjacent to all ponds and wetlands. In addition, an erosion
control blanket is required for the steep slopes along the north property line of the site. The
applicant should be aware that any off-site grading would require an easement from the
appropriate property owner.
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City Council Meeting - April 25, 2005
26. The remaining utility assessment due payable to the City at the time of final plat recording is
$25,477.05. In addition, the sanitary sewer and water hookup charges will be applicable for
each of the new lots. The 2005 trunk utility hookup charges are $1,458 per unit for sanitary
sewer and $2,955 per unit for water. Each of these charges is based on the number of SAC
units calculated by the Metropolitan Council.
27. Public utility improvements will be required to be constructed in accordance with the City's
latest editions of Standard Specifications and Detail Plates. Detailed construction plans and
specifications will be required at the time of final platting. The applicant will also be
required to enter into a development contract with the City and supply the necessary financial
security in the fOlm of a letter of credit or cash escrow to guarantee installation of the
improvements and the conditions of final plat approval. Permits from the appropliate
regulatory agencies must be obtained, including but not limited to the MPCA, MNDOT,
Depm1ment of Health, etc.
28. Show all of the existing and proposed easements on the plans.
29. Show all of the existing utilities on the plans.
30. The proposed development is required to meet the existing storm water runoff rates for the
10- and 100-year, 24-hour storm events.
31. The walk-out elevation of the proposed homes must be a minimum of 3 feet higher than the
adjacent pond or wetland high-water-level.
32. Show the proposed storm manhole lim and invel1 elevations on the utility plan.
33. Show all emergency overflow elevations on the grading plan.
34. The existing temporary pavement turnaround for Pipewood Lane just south of this site must
be removed when Pipewood Lane is extended. Any disturbed area must be sodded and
restored.
35. The retaining wall in the rem"yard of Lot 7, Block 1 must be 20 feet off the back of the
building pad.
36. Revise the rearyard grading of Lot 9, Block 1 to prevent trapping water behind the curb.
Either a catch basin will need to be added or the area will have to be re-graded with a
minimum slope of 2% to drain from the rem"yard to the street.
37. The existing gravel road known as Cm1way Lane must be connected to the proposed cul-de-
sac at the eastern border of the site.
38. The existing culvert across the street from Lot 9, Block 2 be connected to the storm sewer for
Pipewood Lane.
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City Council Meeting - Apli125, 2005
39. A minimum of two overstory trees shall be required in the front yard setback area of each lot.
40. Tree protection fencing is required around all trees proposed to be saved. Any tree lost will be
replaced at a rate of 2: 1 diameter inches.
41. The applicant shall confirm the tree canopy coverage and preservation calculations. A total of
193 trees will be required to be planted unless otherwise noted.
42. The following trees are required on each lot as shown on the landscape plan dated 1/14/05:
Lot Front yard Rear yard
Lot 1, Block 1 2 6
Lot 2, Block 1 2 3
Lot 3, Block 1 2 3
Lot 4, Block 1 2 3
Lot 5, Block 1 2 3
Lot 6, Block 1 2 4
Lot 7, Block 1 2 5
Lot 8, Block 1 2 6
Lot 9, Block 1 2 2
Lot 1, Block 2 2 4, 3 side yard
Lot 2, Block 2 2 2
Lot 3, Block 2 2 4
Lot 4, Block 2 2 2
Lot 5, Block 2 2 2
Lot 6, Block 2 2 2
Lot 7, Block 2 2 4
Lot 8, Block 2 2 3
Lot 9, Block 2 2 4
Lot 10, Block 2 2 4
Lot 11, Block 2 2 5
Lot 12, Block 2 2 1
Outlot A 30
(buffer plantings included in total)
Outlot B 9
43. A landscape plan with a plant schedule that specifies the proposed quantities of each species
shall be submitted to the city prior to final plat approval.
44. The developer shall responsible for planting any trees located in the rear or side yards as shown
on the landscape plan dated 1/14/05.
45. The applicant shall plant only species adaptable to wet sites near the wetland boundary edge.
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City Council Meeting - April 25, 2005
46. Tree preservation fencing shall be installed at the dlipline of the tree saved on Lot 6, Block 2
plior to any grading.
47. Any plantings occuning on OutIots A or B be field located and no existing vegetation shall be
removed or compromised for the planting of new trees.
48. The applicant shall install landscaping at the end of the Pipewood Lane and along the east
boundary of Lot 12, Block 2 around the cul-de-sac. Evergreens and ornamentals shall be
installed so as to reduce headlight glare and buffer views of the street from the existing homes.
A minimum of 9 evergreens and 3 ornamentals shall be planted along the cul-de-sac and along
the east side of the flag lot maintaining planting density of the cul-de-sac along the east
border.
49. The applicant shall remove Colorado blue spruce from the plant schedule and replace it with
white fir or a species of pine.
50. The grading limits shown on the grading plan for Lot 2, Block 2, shall remain as is and the
developer shall adapt to the existing plan as necessary to preserve a small group of maples
12" and larger.
51. Temporary rock fords should not be used; and crossing the stream with flowing water and no
established stable crossing must be avoided. No work shall take place in the creek between
the dates of March 15th to June 15th to minimize sediment impacts to spawning fish species.
52. MN DOT category 3 erosion blanket and seed should be applied to exposed creek slopes
near / around Pipewood Lane within 24 hours of final grade.
53. Following stormwater inlet installation Wimco-type (or equal) inlet sediment controls should
be installed and regularly maintained.
54. Following street and utility installation, Chanhassen-specification Type-l silt fence or other
approved perimeter sediment control is needed for all positive slopes curbside.
55. The silt fence proposed across the existing and proposed Pipewood Lane is not practical due
to site access needs."
56. The applicant will work with staff to resolve the access issues on Ca11way Lane.
All voted in favor and the motion carried unanimously with a vote of 5 to O.
Councilman Labatt moved, Councilman Lundquist seconded that the City Council approve
Wetland Alteration Permit, plans prepared by Ryan Engineering, dated August 20, 2004,
revised October 14,2004 and January 14,2005, subject to the following conditions:
L The grading on Lots 10-12, Block 2 shall be revised to avoid grading within the wetland.
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City Council Meeting - April 25, 2005
2. The applicant shall submit a five-year maintenance and monitoring plan for new wetland
construction to ensure proposed wetland functions and values are obtained and non-native
vegetation does not encroach into the mitigation area. The monitoring plan shall include the
preparation of annual reports as required by the Minnesota Wetland Conservation Act.
3. Wetland buffer widths of 16.5 feet to 20.0 feet shall be maintained around all wetlands on-
site. All structures shall maintain a 40-foot setback from wetland buffer edge. Wetland
buffers and wetland buffer setbacks shall be shown on the grading plan. Wetland buffer areas
shall be preserved, surveyed and signed 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 will pay the City $20 per sign.
4. Drainage and utility easements shall be provided over all existing wetlands, wetland
mitigation areas, and storm water infrastructure. Easements shall be at least 20 feet in width
to allow access for inspection and maintenance.
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:
Time
Type of Slope (maximum time an area can remain unvegetated
when area is not actively being worked)
Steeper than 3:1 7 Days
10:1 to 3:1 14 Days
Flatter than 10:1 21 Days
These areas include constructed storm water management pond side slopes, 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 man made systems
that discharge to a surface water.
6. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Minnehaha Creek Watershed District, Minnesota Pollution Control Agency, United
States Army Corps of Engineers) and comply with their conditions of approval."
All voted in favor and the motion carried unanimously with a vote of 5 to O.
Mayor Furlong: Thank you everyone.
SITE PLAN AND SUBDIVISION APPROVAL. EAST WATER TREATMENT PLANT;
LOCA TED AT THE END OF WEST 79TH STREET BETWEEN HIGHWAY 5 AND
RAILROAD RIGHT -OF- WAY.
Kate Aanenson: Thank you. The City is the applicant on this development proposal. There's
three requests before you tonight. A land use amendment from parks and open space to
commercial, a subdivision of 2 lots and 1 outlot, and site plan review for 12,500 square foot
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