CC Minutes 09-22-2014Chanhassen City Council – September 22, 2014
out in the near future with the Villager or another way to get to the citizens. We are heavy in the planning
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process right now for our major fire prevention event. On October 12 we’d like to invite everyone out
that can show up from 1:00 to 4:00 at the fire station. We expect over 800 attendees for our open house.
We’ll be doing fire truck rides. We’re going to be using our stove kitchen fire simulator. We’ll be doing
an auto extrication demonstration. We’re going to be allowing kids to spray fire hoses and climb on fire
trucks. We’ll have some displays from the Carver County Sheriff’s Posse and the Sheriff’s Office. The
Hennepin County Burn Unit is going to be there this year. We’re going to draw, be holding a drawing for
aerial platform rides. We’ll have free food and refreshments. Paramedics and ambulance and other
vendors. At the same time we are also planning our school visits where the school, the children from all
the area schools come to the fire station for fire prevention week which we’ll do 1,100 to 1,400 students
that week in the fire station. So a lot of events coming up for us to keep up with over that week of fire
prevention. And that's my report for tonight.
Mayor Furlong: Thank you Chief Johnson. Any questions for the fire department? No? Very good.
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Thank you very much and look forward to seeing you on the, October 12 for the open house.
Chief Don Johnson: Thank you.
Mayor Furlong: Typically we receive a report from the sheriff’s office as well. Lieutenant Enevold is not
here this evening. Any questions on the public safety report from the sheriff’s office to pass along to Mr.
Gerhardt or Mr. Enevold? Thank you very much.
VISTAS AT BENTZ FARM, 7280 & 7300 GALPIN BOULEVARD, APPLICANT: HOMESTEAD
PARTNERS, INC: REQUEST FOR REZONING FROM AGRICULTURAL ESTATE (A2) TO
RESIDENTIAL-LOW & MEDIUM DENSITY (RLM); CONDITIONAL USE PERMIT TO
ALLOW DEVELOPMENT IN THE BLUFF CREEK CORRIDOR; AND PRELIMINARY PLAT
WITH VARIANCES CREATING 15 LOTS, 4 OUTLOTS AND PUBLIC RIGHT-OF-WAY ON
APPROXIMATELY 19 ACRES.
Mayor Furlong: Let’s start with the staff report please and then we’ll hear from the applicant.
Kate Aanenson: Thank you Mayor, members of the City Council. This item did appear before the
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Planning Commission on September 2. They did recommend 5-0 to approve the plat. It did go to the
Planning Commission twice and I’ll go through that in a little bit more detail in a moment. The subject
location is at 7280 and 7300 Galpin Boulevard. There’s actually two properties. As you can see the
existing home to the north and then the farm property to the south. The request is three. For a rezoning
from A2 to RLM. A conditional use permit for development within the Bluff Creek Overlay Corridor and
a preliminary plat with a variance for a private street. We have 15 lots being created with 4 outlots. The
zoning is currently agricultural and it’s guided low density and that’s what this is. The RLM is low
density. As you recall in the RLM is a zoning that we put in place a few years ago. To get the RLM you
have to preserve some upland. Otherwise you would go with a normal RSF zoning district and this
development does preserve a significant amount of upland but it does allow them for some flexibilities.
While the lots really except for one are over the 15,000 which would be the traditional RSF, it does allow
for some narrow lot frontages. The property to the north, Forest Meadow was actually subdivided and as
a condition of that this property, there was some requirements. There was a rural road easement going
back here and this property here was one that was included in the subdivision so this is the home and then
this is the farm property. The reason we brought it back to the Planning Commission is the developer
chose to leave that off. The homeowners that showed up to the hearing were, lived up in the Longacres
area and were concerned about what was going to happen back there. Our ordinance doesn’t allow,
permit to leave a landlocked piece of property so it appears that the person that has this property here,
which also has a horse barn on the property is acquiring this. We do have a condition of approval. We
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Chanhassen City Council – September 22, 2014
believe that transaction has taken place but will close approximately when this property goes for final plat
and gets closed but that is a condition of approval. Therefore eliminating the concern that we have a
landlocked piece of property. The conditional use is for work within the Bluff Creek Overlay District.
This property is very challenging. We had quite a few developers try to look at it. It changes grade in 30
feet. Over 30 feet and so it’s difficult to work with without, not only within the Bluff Creek but with the
change in grades, trying to get the lots with access so the conditional use does permit for work within the
primary zone. Secondary zone. They are preserving this upland area here so that will be untouched.
Preservation again. That’s one of the conditions with the, to get the RLM zoning. So the subdivision
itself, let me go, is for private street also as we talked about the change in grades this, our ordinance does
allow for 4 homes to be served off of a private street. The private street is approximately 317 feet long.
Again there’s 4 homes on that. All those homes are in excess of the 15,000 square foot and the cul-de-sac
radius meets our ordinance. Again we just require a 30 foot right-of-way but 25 foot of pavement width
so all the lots have the appropriate frontages on there so there’s no cross access agreements off that
private street or anything like that. The site will be massed graded. There’s a significant amount of trees
on that north end. You can see these green areas here that will be revegetated. I also want to point out,
we talked about the change in grade, that there will be a retaining wall that’s about 235 feet and that
retaining wall’s located on the backs of these lots that are on the north side. We did have the applicant
ghost plat this property and, oh there’s the tree removal. For those areas to the, to the areas to the north
and so that horse property to the north and that Fawn Hill would then tie into the street to the north so if in
the future that can be accommodated. Again there was a private access for the property along here. That
will be removed with this because it’s no longer required for that property to the rear because that will be
owned by the property to the north so that can eliminated and that is a condition of approval also.
Utilities, again it’s got sewer and water to it and so it’s easy to be connected. Again we’re providing the
stub to the north so if in the future at some point utilities want to go forward, it can be accomplished.
There is historic building on the structure. The Historic Society has looked at that. We have requested
and the applicant is willing to put some historic marker on the site identifying that, the Martha and Henry
Lyman Farm so that also will take place. With that we are recommending approval, as did the Planning
Commission and I’d be happy to answer any questions that you may have.
Mayor Furlong: Thank you Ms. Aanenson. Questions for staff. You mentioned utilities and the road
being stubbed to the property to the north for future development, and then that’s a ghost plat there for
that development.
Kate Aanenson: Yeah…we were on that one but this is a ghost plat. Again so some of these lots will not
be built until such time but we are accommodating, asked the developer to accommodate that so we get a
feasible layout so that we’re not left with something non-desirable in the future.
Mayor Furlong: Now the, with the ghost plat there with the right-of-way moving up to the north, is that
going to align then with I guess it’s Fawn Hill Road coming down?
Kate Aanenson: That’s correct. It will tie right into that street.
Mayor Furlong: Okay. And is this street also going to be named Fawn Hill Road?
Kate Aanenson: Yes it is.
Mayor Furlong: Okay. So that will be continuous then.
Kate Aanenson: Yes. It may be confusing for a little while. We’ve got north and south or something like
that so yeah, so just the fact that you can’t get through.
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Chanhassen City Council – September 22, 2014
Mayor Furlong: I can understand how that’d be confusing but it’d be easier to be confused for a little bit
than to change a name later.
Kate Aanenson: Correct. Correct.
Mayor Furlong: Thanks, so very good. Thank you. Any other thoughts or questions at this time for
staff? The applicant, Homestead Partners, is a representative here?
Kate Aanenson: Yep.
Mayor Furlong: If you’d like to address the council with anything or make any comments.
Jason Biederwolf: Just thanks for seeing our piece and staff did a great job. I don’t have anything else to
add and just thanks for your time.
Mayor Furlong: Okay. You’ve seen the council, or the packet that came to the council this evening?
Jason Biederwolf: Yep.
Mayor Furlong: You’re comfortable with it?
Jason Biederwolf: I am, yep.
Mayor Furlong: Any concerns about any of the conditions?
Jason Biederwolf: No. We’ve kind of worked through everything and we feel real confident about it.
Kate Aanenson: He did meet with Bob Generous, who’s the project planner on this one this morning so.
Jason Biederwolf: Yep.
Mayor Furlong: Okay.
Jason Biederwolf: Just to make sure we had all the details covered.
Mayor Furlong: Continue to work through that, very good.
Jason Biederwolf: Yep, thank you.
Mayor Furlong: Thank you very much. Any questions for the applicant? There was a public hearing I
know at the, well both Planning Commission meetings. I don’t believe anybody spoke at this last one but.
Kate Aanenson: Actually the same people that showed up the first time just wanted to make sure that that
is, that we’re tracking and make sure that that doesn’t get left off. Yeah.
Mayor Furlong: And I guess that’s the case. It’s part of what’s being proposed tonight and if the council
goes forward with the proposed recommendation with conditions they’d have to show proof that that
parcel was sold as a condition of the approval, is that correct?
Kate Aanenson: Correct, and that’s attached.
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Chanhassen City Council – September 22, 2014
Mayor Furlong: To the property contiguous.
Kate Aanenson: That’s correct.
Mayor Furlong: Okay. Alright.
Councilman Laufenburger: Mayor?
Mayor Furlong: Councilman Laufenburger.
Councilman Laufenburger: Yeah. Kate, I’m familiar with the trail, and Mr. Hoffman isn’t here but
there’s a trail that comes from the west. Will it connect with this?
Kate Aanenson: I’m going to go to the aerial on this.
Councilman Laufenburger: Yeah.
Kate Aanenson: Actually that portion of the trail is being eliminated. As it comes through the Bluff
Creek trail and ties back down. I’m not sure if it’s on this one but it does come through the.
Councilman Laufenburger: It’s actually on the north side of Bluff Creek, yeah.
Kate Aanenson: Correct. Yep, it comes through the Longacres or the Moccasin.
Councilman Laufenburger: It’s on the south side of that Moccasin, yep.
Kate Aanenson: And that segment is being eliminated going south so that will not connect up back
through there.
Councilman Laufenburger: Okay.
Kate Aanenson: Yeah. Eventually there will be a trail on Galpin but that won’t be until that Galpin’s
upgraded and that will get them up to Sugarbush Park.
Councilman Laufenburger: Okay.
Kate Aanenson: Which is just to the north of this subdivision.
Councilman Laufenburger: And go back to your development slide. The one that was on here right about
there. Okay. So Sugarbush is actually above the ghost plat, is that correct?
Kate Aanenson: Right up in here, correct.
Councilman Laufenburger: Okay. Alright. Thank you Mr. Mayor.
Mayor Furlong: Thank you. Any other questions at this time? Any comments? Thoughts on the project.
I guess I’d like to just make the comment to thank the developer and staff for working together and
working through these issues and addressing the concerns and questions to our residents to the north that
they had and I’m glad everything was able to work out here and be nice to see this project move forward
so.
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Chanhassen City Council – September 22, 2014
Jason Biederwolf: Thank you.
Mayor Furlong: Thank you to everybody involved. It’s a nice looking project and some challenges with
the natural features around the area. The historic features but we’re glad that we’ve been able to work
through that and appreciate everybody’s efforts. With that I would entertain a motion.
Councilman Laufenburger: Mr. Mayor?
Mayor Furlong: Councilman Laufenburger.
Councilman Laufenburger: I move that the Chanhassen City Council approves the rezoning of the
property from Agricultural Estate (A-2) to Residential Low and Medium Density (RLM). Also a
conditional use permit to permit development within the Bluff Creek corridor and preliminary plat
approval for 15 lots, 4 outlots and public right-of-way with a variance for the use of a private street for a
single family detached subdivision subject to the conditions of the staff report and adopt the Findings of
Fact.
Councilwoman Ernst: Second.
Mayor Furlong: Thank you.
Councilwoman Ernst: Second.
Mayor Furlong: Motion’s been made and seconded. Thank you. Any discussion on the motion? Seeing
none we’ll proceed with the vote.
Councilman Laufenburger moved, Councilwoman Ernst seconded that the City Council approve
rezoning of the property from Agricultural Estate (A-2) to Residential-Low & Medium Density
(RLM); a Conditional Use Permit to permit development within the Bluff Creek Corridor; and
Preliminary Plat approval for 15 lots, 4 outlots and public right of way with Variances for the use of a
private street for a single-family detached subdivision subject to the following conditions, and adopts
the Findings of Fact and Recommendation:
Rezoning
1. The rezoning shall apply only to the platted lots within Vistas at Bentz Farms and exclude the outlots.
Conditional Use Permit
2. Dedicate Outlot A to the City as permanent open space.
Subdivision
Building Official Conditions
1.
Provide a 1:200 “clean” plat drawing.
2.
Demolition permits are required for the removal of any existing structures.
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Chanhassen City Council – September 22, 2014
3.
Buildings may be required to be designed by an architect and/or engineer as determined by the
Building Official.
4.
A final grading plan and soils report must be submitted to the Inspections Division before permits can
be issued.
5.
Retaining walls over four feet high require a permit and must be designed by a professional engineer.
6.
Each lot must be provided with separate sewer and water services.
7.
The applicant and/or their agent shall meet with the Inspections Division as early as possible to
discuss plan review and permit procedures.
Engineering Conditions
1. The developer shall update the title search for this property and find the documentation for the
roadway easement on Parcel 2.
2. The final plan submittal must show the proposed elevation at the proposed building corners.
3. Proposed lots shall be graded to drain away from building locations.
4. The grading plan must show proposed elevations at the center of the proposed driveway at the curb
line.
5. The lowest building opening for properties adjacent to an Emergency Over-Flow (EOF) must be a
minimum of 1 foot above the EOF elevation.
6. The plans must identify proposed stockpile areas.
7. The retaining wall must be designed by a professional engineer registered in the state of Minnesota.
8. The following materials are prohibited for retaining wall construction: smooth face, poured in place
concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. Walls taller than 6
feet shall not be constructed with boulder rock.
9. A Homeowners Association (HOA) must be created to take ownership and maintenance
responsibility of the retaining wall and any drain tile that will cross property lines.
10. Curb and gutter are required for the private street.
11. The engineering department’s preference would be to remove the farm drives and the culverts
underneath them. The developer’s engineer shall work with Carver County staff to accomplish this.
12. The proposed watermain pipe shall by C900.
13. An assessment for the Lake Ann Interceptor improvements from 2003 is outstanding for this property.
The principal of $187.50 must be paid or reassessed to the individual lots at the time of final plat.
14. An assessment for water and sewer improvements from 2002 is outstanding. The principal of
$38,922.00 must be paid or reassessed to the individual lots at the time of final plat.
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Chanhassen City Council – September 22, 2014
15. Water and sewer partial hook-ups are due at the time of final plat. The partial hook-up fees will be
assessed at the rate in effect at that time.
Fire Marshal Conditions
1.A three-foot clear space must be maintained around fire hydrants.
2.Prior to combustible construction, fire hydrants must be made serviceable.
3.Temporary street signs shall be installed prior to and during construction.
4.Prior to combustible construction, fire apparatus access roads capable of supporting the
weight of fire apparatus shall be made serviceable.
5.No burning permits will be issued for trees, brush that is removed.
6.The center island in the proposed cul du sac is not allowed.
7.Submit proposed private street name to Chanhassen Fire Marshal and Building Official for
review and approval.
8.An additional fire hydrant will be required at the northwest corner of Galpin Boulevard and
Fawn Hill Road.
9.“No Parking Fire Lane” signs will be required on the east side of the private
drive/road. Spacing shall be 75 feet, wording on both sides of posts. Contact Chanhassen
Fire Marshal for more information if needed.
Natural Resource Specialist Conditions
1. Tree protection fencing will be required around any preserved trees. It shall be installed prior to
grading.
2. Tree preservation fencing shall be installed at the dripline around tree #432. The applicant shall
revise the grading plan to show no grading within a 20’ diameter around the trunk of the tree, with the
exception of the street installation to the west of the tree.
3. The applicant shall remove all hazard and diseased trees in the bufferyard area prior to final
acceptance of the completed development.
4. Each lot shall have a minimum of three trees planted, at least one of those trees must be in the front
yard.
5. In the plant schedule, the applicant should correct Picea abies as Norway spruce, not Norway pine.
Parks Conditions
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected at the
time of final plat recording.
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Chanhassen City Council – September 22, 2014
Planning Conditions
1. The applicant needs to calculate the lot areas of Lots 1 through 4 excluding the lot area encompassed
within the private street easement.
2. Lots within the development are limited to single-family detached homes.
3. The applicant shall work with the Carver County Historical Society to create and install a historic
marker or plaque for the property commemorating the Lyman Farm.
4. Unless the property to the northwest is combined with the property to the north of this development as
a zoning lot, which is ghost platted in conjunction with this plat, the developer will be required to
show how to this parcel will be accessed and developed.
Water Resource Specialist Conditions
1. The developer’s engineer shall work with staff to provide more clear and concise demarcation of the
Bluff Creek Overlay District and the setback from the Bluff Creek Overlay District.
2. The Bluff Creek Overlay District boundary shall be demarcated with appropriate signage at all points
of intersection with lot lines and at all major angle points. This signage shall be show on the plat, site
plan and erosion control plan.
3. All signage for the Bluff Creek Overlay District shall be installed prior to any earth-disturbing
activity unless otherwise approved by the City in writing.
4. That portion of the Bluff Creek Overlay District and applicable setback disturbed for site grading
shall be vegetated in native vegetation and a planting plan and schedule shall be provided.
5. Outlot A shall be dedicated to the City.
6. The swale behind Lots 13 and 14 shall have a drain tile installed as part of the site grading and utility
installation. This shall be included before final plat approval.
7. The pond designs shall include either the installation of forebays as described in the City’s Surface
Water Management Plan or provide for the installation of environmental manholes or four-foot or
deeper sump manholes with a SAFL baffle at CBMH A2 and B2.
8. The filtration bench shall be lined with an impervious geotextile fabric to prevent intrusion of ground
water into the trench and due to the lack of adequate separation to water table.
9. A comprehensive, stand-alone SWPPP document with all elements required by Part III of the NPDES
construction permit shall be prepared and submitted to the City for review and comment before final
plat approval.
10. The applicant must demonstrate the infeasibility of alternate methods of volume reduction to justify
the absence of any volume reducing management practices as is currently proposed before final plat
approval.
11. The applicant must comply with the requirements of all other jurisdictional agencies with authority
over the project area.
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Chanhassen City Council – September 22, 2014
12. Surface Water Management connection charges are estimated to be $57,136.00. This connection
charge will be due at the time of final plat.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Furlong: Thank you everyone. That completes our items of new business this evening.
COUNCIL PRESENTATIONS.
Mayor Furlong: Mr. Laufenburger.
Councilman Laufenburger: Just a brief one Mr. Mayor. Yesterday I had the privilege of participating in
an event that I think was sponsored essentially by the Carver County Historical Society and in
conjunction with the Chanhassen Historical Society. There were events at the St. Hubert’s facility. The
old St. Hubert’s church and it was culminated with an re-enactment of an 1860’s ballgame at our 2014
version of baseball stadium called Storm/Red Birds Stadium and it was quite an interesting experience to
see how the game has changed so differently over the last 150 years. From the Civil War time to the
baseball game that we know today. Anyway it was a great element to see what baseball was like 150
years ago versus right now so, and I’m happy to report that the team of Chanhassen area athletes narrowly
edge the St. Croix Baseball Club by a score of 17 to 15 in 9 innings so.
Mayor Furlong: A real pitchers dual.
Councilman Laufenburger: Yeah, exactly. Anyway, thanks very much.
Mayor Furlong: Thank you for that update. Any other council presentations this evening?
ADMINISTRATIVE PRESENTATIONS.
Mayor Furlong: Mr. Gerhardt, administrative presentations.
Todd Gerhardt: Just one thing to note that Berquist Companies, one of our companies here in
Chanhassen was sold to Hinkle AG and Company. Berquist Companies makes thermal materials.
Thermal sub-strands and membrane switches that are used in a variety of different components in the
appliance industry so. Happy for Berquist. Sad to see them with a new name but the company is still
staying here and welcome Hinkle AG and Company to Chanhassen.
Mayor Furlong: Thank you. Any questions for Mr. Gerhardt or his directors? We had this evening for
our work session was a tour of the city and to see a number of the street projects and developments that
are going on and I want to thank Mr. Gerhardt, for you and for Ms. Hokkanen and others for organizing
that and participating. It was, thank Southwest transit for providing the trolley service. It was nice to go
around town. Good for people to see the trolley come by. We got a few waves and smiles as we went by
so that was nice but just a lot going on and I think it was a great way to get out and see it. You know we
may drive by these projects prior to coming to the meeting but to then go back afterwards and see them
coming to fruition is kind of nice so I think it was very informative so thank you for everybody involved
for doing that.
Todd Gerhardt: You’re welcome. Thanks to Laurie for organizing it and Kate for narrating and Paul
stepping in and giving you an update on roads. Good team effort.
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