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CC Minutes 06-09-2014Chanhassen City Council – June 9, 2014 Councilman Laufenburger: I want to see the reader that can handle that micro-coding on the bottom of that check. Mayor Furlong: Alright. Thank you. Any other visitor presentations this evening? Thank you very much. ARBOR COVE, LOCATED AT 3121 WESTWOOD DRIVE, APPLICANT: DOGWOOD ROAD, LLC. OWNER: WESTWOOD CHURCH. A. CONSIDER APPROVAL OF FINAL PLAT, DEVELOPMENT CONTRACT, AND PLANS AND SPECIFICATIONS. B. PUBLIC HEARING FOR VACATION OF EASEMENTS. Councilman Laufenburger: Mr. Mayor, just because of my involvement with the planning and preparation for this I’m going to recuse myself from this particular item. Mayor Furlong: Thank you very much. Why don’t we start with a staff report please. This was a final plat request, development contract, plans and specifications which is not subject to a public hearing. Public hearing was held by that at the Planning Commission and we also received public comments I think if I recall correctly at the council meeting when we dealt with the preliminary plat but be that as it may, there are vacations of easements that are required and there will be a public hearing on that item. However unless council objects or it becomes apparent that we need to separate these, I think we can deal with both items in a single motion when the time is appropriate. So with that let’s start with a staff report please and start, Ms. Aanenson. Kate Aanenson: I’ve got it. Thank you Mayor. Mayor Furlong: Thank you. Kate Aanenson: Thanks for giving the introduction. Mayor Furlong: Certainly. Kate Aanenson: And I just want to note that I do have it on both screens so we’re off to a good start. Mayor Furlong: Good. Kate Aanenson: As you mentioned this is a final plat and development but also includes a vacation which th does require a public hearing so we’re going to give an overview of some of the actions. So on May 20 the Met Council did approve the Land Use Amendments and that’s for the lots on the back of the subject th site. And then on May 12 you approved a development contract for grading so here tonight we are th following through on your action from April 28 for the rest of the conditions of approval for the final plat and the development contract. So again the actions tonight are the public hearing for the vacation of the road easement, the final plat of the 56 acres creating 5 lots. One of those lots is for the church and the other 4 are the home sites. You’re also approving a development contracts and the plans and specifications. So the public hearing portion would be these easements shown here in red, and those th easements were actually with the construction of Tanadoona and West 78 Street and those were construction easements so now with the plat being recorded we’re changing those construction easements into right-of-way so we’re vacating the construction easements. So that would be the hearing portion of it. And then the final plat, the 4 lots being created here. And then a larger illustrative showing of that. 5 Chanhassen City Council – June 9, 2014 We are recommending that the council approve those after you hold a public hearing. The vacation and the final plat with the conditions in the staff report and the development contract and the plans and specifications so I’d be happy to answer any questions you have and recommend that you open the public hearing on the vacation. Mayor Furlong: Thank you. Any questions for staff on any of these items? Okay. Thank you. With that then let’s open the public hearing and invite all interested parties to come forward to the podium stating their name and address who would like to speak on the issue relating to the vacation, or proposed vacation of the easements. Seeing none then we’ll close the public hearing and bring it back to council for discussion. I think the applicant’s here. Anything that you need to add or want to add at this point? Todd Simning: I do not Mr. Mayor. Mayor Furlong: Okay, thank you. With that any comments or discussion from the council? Fairly straight forward. Appreciate staff’s work and the developer’s work too on bringing, making the modifications between the time we approved the preliminary plat and now so thank you for your continued efforts there. With that I would entertain a motion to, relating to items G-1(a) and (b). Councilwoman Ernst: Mr. Mayor. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I make a motion that City Council approve the final plat for Arbor Cove subject to the conditions in the staff report, the development contract for Arbor Cove and the plans and specifications. The vacation of the roadway easements, the final plat for Arbor Cove subject to the conditions in the staff report, the development contract for Arbor Cove and the plans and specifications for Arbor Cove. Thank you. Mayor Furlong: Thank you. Are there findings of fact on this one or were those handled at the first preliminary? Kate Aanenson: Those were with the preliminary. Mayor Furlong: Preliminary. Okay thank you. Is there a second to the motion? Councilman McDonald: Second. Mayor Furlong: Motion’s been made and seconded. Is there any discussion? Hearing none we’ll proceed with the vote. the Councilwoman Ernst moved, Councilman McDonald seconded that the City Council approve final plat, development contract and plans and specifications prepared by Otto Associates, dated April 23, 2014 and April 18, 2014 respectively, for Arbor Cove subject to the following conditions: Parks & Recreation 1.Full park dedication fees of $23,200.00 shall be collected prior to recording the final plat. Building 6 Chanhassen City Council – June 9, 2014 1.Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 2.Engineered design and building permits are required for retaining walls exceeding four feet in height. 3.Each lot must be provided with a separate sewer and water service. 4.Demolition permits must be obtained before demolishing any existing structures. Natural Resources 1.The applicant shall plant a total of 29 trees in the development. 2.Prior to any grading, the applicant shall install tree preservation fencing using metal stakes around tree #33 on Lot 4. The fencing shall be placed at the dripline or the furthest point possible from the trunk and no closer than 20 feet. Within the fencing, the applicant shall spread a 3 to 4-inch layer of woodchips to protect the root zone. These protections shall remain in effect until construction is completed. 3.A tree preservationeasement shall be recorded east of the grading limits on Lot 1,over the rear 85 feet of Lots 2 through 3 and over the rear 75 feet of Lot 4. The applicant shall supply a legal description for the easement. 4.Easement signage shall be placed on the lot lines at the point of intersection with the easement on Lots 2 through 4. Signage shall be placed at points of directional change on Lot 1. Signs shall be approved by the city. Engineering 1.No slope shall besteeper than 3:1. 2.The EOF shall be noted with arrows showing the direction of the overflow. 3.Include a lot benching detail in the plans. 4.Draintile service must be provided for Lots 3 and 4, which have drainage flows from the back to the front of the lot. 5.Proposed stockpile areas must be identified in the plans. 6.All existing easements shown in the plans must be properly referenced with the document number or plat they were dedicated under. 7.A preservationeasement shall be dedicatedalong the back of Lots 2, 3 and 4 as well as the east corner of Lot 1. 7 Chanhassen City Council – June 9, 2014 8.A drainage and utility easement shall be dedicatedover the filtration basin and the channel on Lot 1 whichwill provide the City access to these stormwater facilities. 9.The following retaining wall materials are prohibited: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber.. 10.Grading must include a swale at the top of the retaining walls for drainage. 11.The topography shown must include elevation contours for Dogwood Road adjacent to the proposed lots. The centerline gradients must be labeled. 12.At the time of final plat, the Dogwood Road improvements assessment must be paid or reassessed. 13.Partial water and sewer hookup fees must be paid at the time of final plat. 14.The driveway slope from Lot 4, Block 1 shall be revised to a grade between 0.5% and 10%. Water Resources 1.The filtration feature shall be constructed prior to the construction of any houses.It shall be called out on both grading plans that steps shall be taken to prevent compaction and siltation of the area resulting from construction activities on the site 2.The underdrain shall be smooth walled and have a tracer wire. 3.The feature shall be kept offline until the vegetation has been established. Plans and the SWPPP must include this information and describe the methodology to be used to achieve this. 4.A detailed planting plan and schedule must be developed and included in plan set for approval. 5.The in-situ soils shall be ripped to a depth of 12 inches prior placing the amended filtration soils. 6.The developer shall be responsible for the construction of the biofiltration feature and shall make assurances that the plant materials, mulch and side slopes into biofiltration feature are maintained throughout the life of the feature. This is most typically accomplished though a Homeowners Association. The city will be responsible for maintenance of the underdrain, outlet pipe and inlet protection device at the curb. An operations and maintenance manual shall be developed describing how the feature will be maintained and by who will be responsible for the maintenance. This shall be recorded against the property. 7.The SWPPP as well as the erosion control plan must indicate how the conveyance from the wetland will be permanently stabilized. 8 Chanhassen City Council – June 9, 2014 8.A detail of the rock checks must be included. This shall be consistent with Technical Supplement 14C to Part 654 of the National Engineering Handbook. 9.Surface water management connection fee of $14,066.50 will be due with the final plat. 10.The plans must meet all requirements set forth by other agencies with authority over the site. The applicant is responsible to procure all necessary approvals and permissions. This includes, among others, the MN Pollution Control Agency and the Minnehaha Creek Watershed District. 11. The Construction Sequencing section of the SWPPP must discuss the following elements: a.Channel grading and stabilization; b.Timing of the curb cuts; c.Installation of the rain guardian. 12. The SWPPP must indicate who is responsible for the maintenance of the permanent stormwater management practices on the site and a maintenance plan to assure performance of the practice as listed in Part IIIA 5 k. The developer must assume responsibility of the maintenance initially. This can transfer with property ownership but must be disclosed to any subsequent owner in writing. Planning 1.Lots 1 through 4 are the only lots included in the land use map amendment from Public/Semi-Public to Residential Low Density. 2.Lots 1 through 4 are the only lots included in the rezoning from Office Institutional District to Single-Family Residential. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Resolution #2014-44: Councilwoman Ernst moved, Councilman McDonald seconded that the City Council adopts a resolution approving the vacation of drainage, utility and roadway easements described in the attached legal description. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Councilman Laufenburger rejoined the council for the remainder of the meeting. COUNCIL PRESENTATIONS. Mayor Furlong: That completes our items of business this evening. Is there council presentations? Comments from council members. Mr. Laufenburger, anything? Councilman Laufenburger: Yes Mr. Mayor. I’m pleased to report that the Red Birds are off and running, or pecking. The baseball team. Mayor Furlong: Are they hitting and scoring runs? 9