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CC Minutes 6-13-16Chanhassen City Council – June 13, 2016 All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS. Mayor Laufenburger: I’d just make a comment that to all those of you that are in the chamber as well as may be watching at home, visitor presentation is a great opportunity for anyone to come to speak to the City Council. You are invited to speak on any topic again that’s not on the agenda. We welcome comments about anything. Things that are going on in your neighborhood. Things that you want to complain about. Things that you want to reward the city staff about. Anything and visitor presentation is a great time to do that so at this time we’ll move to our next item on the agenda which is new business. 1630 LAKE LUCY ROAD: APPROVE REZONING FROM RURAL RESIDENTIAL DISTRICT (RR) TO SINGLE FAMILY RESIDENTIAL DISTRICT (RSF), AND PRELIMINARY PLAT WITH VARIANCES FOR A 12 LOT SUBDIVISION ON 8.96 ACRES OF PROPERTY LOCATED AT 1600 AND 1630 LAKE LUCY ROAD. APPLICANT: YOSEMITE HOLDINGS LLC. OWNER: ALMOND & CAROLYN KRUEGER AND CRAIG & DEANNA CLAYBAUGH. Mayor Laufenburger: Do we have a staff report? Kate Aanenson: Yes we do. Thank you Mayor, members of City Council. Mayor Laufenburger: Good evening Ms. Aanenson. Nice to have you here tonight. Kate Aanenson: Thank you. As you stated this application is for subdivision with some variances and a rezoning. Just to give you some background on this. This item did appear th before the Planning Commission on their May 17 meeting. Issues of concern that were brought by the Planning Commission and those speaking at the public hearing included grading, stormwater management and tree preservation. Specifically there was concern about water and the grading around Lots 6 through 9 and I’ll address that a little bit more specifically. We’ve asked for a condition, or added a condition on that regarding that they not be walkouts but rather be lookouts that would help with that issue. In addition we note in here that there should be additional analysis on some of the issues raised at the Planning Commission which the applicants are working on. All those conditions are reflected in the staff report as we move to final plat. As a reminder all the conditions that are in this staff report are the marching orders that the applicant needs to resolve before this item comes back for final plat and typically those items, or that application for final plat would be on your consent agenda. So in addition besides the lots on the from full basement ramble type homes, we believe that will help reduce some of the excessive grading in those areas. We also believe that the stormwater management plan shall, is required to reduce and does accomplish the 90 percent for total suspension solids and 60 percent of the phosphorus using the industry accepted removal rates. In addition there was a lot of discussion on tree removal as in the City’s policy and I’ll go through that in a little bit more detail. Tree 6 Chanhassen City Council – June 13, 2016 preservation opportunities. We want to make sure that we’re not putting trees where they try to preserve trees where a homeowner will take them out in the future so we try to do an overall plan and I’ll go through that in a little bit more detail. So there was a pretty robust discussion with the Planning Commission and the residents that attended that public hearing but the Planning Commission did recommend approval at that meeting so with that I’ll go through a little bit more specifics on the project. So the project is located on Lake Lucy Road and Yosemite. It actually includes 3 parcels. Two of them owned by the Krueger’s and one by the Claybaugh’s. The Claybaugh’s house goes back to 1961 so it’s been there quite a while and seen a lot of change in the area as Mr. Claybaugh stated at the Planning Commission meeting. In addition the Krueger’s have 2 parcels so it’s a total of just under 9 acres of property. As stated in the staff report we always calculate net and gross density in a project so that’d be on the first page of your staff report but the gross density is 1.33 units an acre or net 1.88 units an acre so again very consistent with what we would see with a traditional subdivision. So the project does require rezoning from Rural Residential to Residential Single Family and I’d just like to take a couple of minutes to go through when we looked at for the zoning options on the property. Again when the property is zoned, guided low density there’s different zoning options that you could put into place. You could do a PUD. You could do a low, a twin home project and so looking at the correct application for a zoning district the staff did an analysis of that and looking at again the 3 or 4 different types of zoning. The PUD requires preservation of significant natural features as does the residential low and medium density and you’ll see that in an application next week. The low medium density or the twin homes so again looking at the surrounding neighborhood and what would be the appropriate land use recommendation for that we selected that and the applicant also went for the RSF which is our most traditional single family zoning application. So that requires a 15,000 square foot minimum lots which all these lots meet or exceed that and then would be a more traditional subdivision application. Mayor Laufenburger: So Ms. Aanenson 15,000 square feet that’s 3 lots per acre, is that approximately correct? Kate Aanenson: Yes, yeah and so it’s a little bit more than that with all the calculations, correct. Mayor Laufenburger: Yep. Kate Aanenson: So that would be the zoning. Again that is consistent with the Comprehensive Plan as required so we are recommending that again, so those two things are consistent. So then with the application itself we look at the preliminary plat once we’ve figured out the correct application for the zoning. So within the low density as I explained there’s 12 lots being proposed and 1 outlot so in looking at those there are some challenges here and we talked about that here and I’ll let the city engineer go through those in a little bit greater detail but this plan reflects the previous application. The applicant has been working towards to resolve some of these issues and well on their way to doing that but we like to stick with the application that went to the Planning Commission and those modifications just to make sure that we’re not, it’s kind of not a moving target so they’ve got clear direction on what they need to get to final plat but these 7 Chanhassen City Council – June 13, 2016 were the issues that were raised at the Planning Commission regarding drainage coming around these lots. Being pinched against this retaining wall and coming out so we believe we’ve resolved those issues. We’ve also pushed 11 and 12 to get a greater setback between the wetlands so this would be out of the preservation area up between this outlot on the north side of Lot 12. So the variances on here are for use of the flag lots. We have flag lots in other places in the city. For example a subdivision immediately to the east. There’s flag lots in that. There are some other flag lots on Yosemite. We have done flag lots and they are permitted by city ordinance. One of the issues that comes up on the flag lots is when they’re stacked. When you have someone’s back to rear but these flag lots all have front facing lots. Have good access. They’re not stacked in such a way that someone’s, so you have two side yards here. There’s not someone with the rear yard to the back. Because they all exceed the 15, you can see these are 18 and 19,000. The ones that would be the furthest back still felt that they met the intent and would support the variance for the flag lots on those applications. Mayor Laufenburger: Ms. Aanenson. Kate Aanenson: Yes. Mayor Laufenburger: Just for a second. Could you just, you’re using a term that perhaps some people may not be familiar with. Kate Aanenson: Sure. Mayor Laufenburger: Can you just describe what does flag lot mean. Kate Aanenson: Yes thank you for that opportunity to clarify that. So typically a lot has to have 90 feet of frontage on a street. In this circumstance it meets the 90 feet of frontage at this point rather than at the street. So while that meets all those standards and this is included in, is not included in the lot area. The lot is significantly large enough but it just doesn’t have the frontage on the public street. Mayor Laufenburger: So we use that definition to provide people with ample building footprint and yeah land for building. We use that term to describe the matter in which it can be built even though it doesn’t have 90 feet of street frontage, is that correct? Kate Aanenson: Correct. Correct. Mayor Laufenburger: Okay. Kate Aanenson: So on page 18 of the staff report we go into details of the rational basis then for the variance. That it meets the criteria as stated in Section 18-22 of City Code so we believe that based on the development patterns in here, the 2 large wetlands and because the lots are all of standard size that we believe that it meets the intent and would support that variance. In addition 8 Chanhassen City Council – June 13, 2016 engineering had a variance on the location of the separation from Lake Lucy Road and the entrance to this. Certainly less desirable to have access off of Lake Lucy Road itself, a minor collector there or coming up through the wetland which would have been the other choice so there would have been greater impact. So based on that we just felt that the best location for the street to go into the property would be at this location again because it doesn’t have the 300 foot separation that is also a variance which the staff is supporting. The grading, I’ll let the city engineer take a few minutes to go through the grading and some of the stormwater issues. Mayor Laufenburger: Mr. Oehme. Paul Oehme: So thank you Mayor, City Council members. As Ms. Aanenson had indicated most of the development is going to be mass graded. There are most of the properties are going to be lookouts. A portion of the property does flow to the south. There is a culvert that runs under Lake Lucy Road to the south. That drainage area is being reduced from I think it was 3.7 acres down to 2.3 acres so one of the improvements that we’re trying to make or things that we’re trying to address is to try to at least match or reduce the amount of volumes and rates that go to the south as much as we can. The grades, we’ve worked with the developer on the grades in this development a lot. It is a tight site and a lot of topography out here to work with but I think the grading plan that we did come up with is the best that fits this site and meets the needs of the development. The grade is shown here again. The development is outlined up here. Like I said the culvert that does flow under Lake Lucy Road flows through a, kind of a wetland system down to Lake Lucy. There are some culverts through a driveway that have been impacted by some larger rain events in the past. That’s why we’re being mindful and receptive in trying to reduce the amount of volume and drainage that goes through this system as much as we can. The utilities in this area are being serviced by city sewer and water. The sewer is going to be extended across Yosemite Road. A section of sewer was recently put in with I think the Glaccum just to the east of here. The sewer is fairly shallow in some areas and we are anticipating that a few of the properties would have to have some sort of internal grinder system to facilitate the sewer to be discharged into the city system. However it’s, the system or the plan being proposed is a lot better than just having a large lift station for the entire development. It’s more cost effective to do it this way than to put in a large lift station. We also planning for potentially future development to the west here. There are I think 2 properties to the west of the proposed development that are currently unsewered at this time. If and when those properties were to develop or if their septic system fails they have another option to service their property, sewer their property through the city system. Water is being extended through Lake Lucy Road through our trunk main there so that’s consistent with what has been approved in the comp plan. Let’s see drainage I think, I’ll just talk on drainage real quickly again too. So I briefly talked about we’re trying to keep the rates and volumes to the south at or pre-development condition. The rest of the water drainage off the site from the roadway and from the front yards is going to be directed into a bioswale here along Lot 10 to be infiltrated and treated prior to discharging into the wetland so most of the treatment will be taking place in this area. We did get updated drainage calcs from the developer’s engineer last Thursday I believe. We just haven’t had time to run through all the calculations and review that information at this time but we anticipate 9 Chanhassen City Council – June 13, 2016 having a full review by the end of the week here. Most of the, so all the drainage off the back yards here from Lot 9 through 10, there’s going to be discharge into this wetland here. I think there’s some bioswales along this section of the wetland here that will be infiltrated. There is a culvert off the cul-de-sac that will also be handled with infiltration and rate control through a swale here as well. It’s more or less a rain garden. There will be a new culvert on Lake Lucy Road that will be constructed as well. The one that’s out there today is failing so with that if there’s any other questions with utilities. Otherwise move on with the landscaping. Mayor Laufenburger: Can you just back up for a second? Mr. Oehme you use the term, you said I think I remember these numbers. You said you’re reducing drainage from 3.7 to 2.3 is that right? Paul Oehme: Yeah 2.63. Mayor Laufenburger: 2.63? Paul Oehme: So it’s about an acre’s worth of decrease. Mayor Laufenburger: So and that, can you go back one slide? One more. Paul Oehme: There you go. Mayor Laufenburger: So what your impacting is the drainage that goes under Lake Lucy Road is that correct? Paul Oehme: That’s correct, right. So we try to reduce as much of the drainage area going to the south as much as we can and redirect it into the city system here into the bioswale here and into the wetlands to be treated. Mayor Laufenburger: So the wetlands, that term bioswale, that water will go into the city stormwater, is that correct? Paul Oehme: Yeah so it would go into the storm sewer system that’s in, underneath the street here and then be treated in this area here mainly. Mayor Laufenburger: Okay, alright. Thank you Mr. Oehme, now you can continue. Kate Aanenson: Again just to be clear that, so these was the recommendation that these be changed from walkouts to lookouts. Mayor Laufenburger: To lookouts. 10 Chanhassen City Council – June 13, 2016 Kate Aanenson: Yep and that was a lot of discussion at the Planning Commission, these walls and then the force of the water here so those are some significant changes that had been recommended. Mayor Laufenburger: And Ms. Aanenson are those conditions? Kate Aanenson: They’re conditions yes so when you see the final plat those changes will be made. Mayor Laufenburger: Okay, alright. Kate Aanenson: Yep. Again a lot of discussion was on regarding the landscaping. How many trees we placed on there. This plan as shown here does not meet the canopy coverage. The applicant will submit a plan to meet that. There was a lot of discussion. Could they get all 111 trees on this site. Whether that’s plus or minus. The City does have a policy if you can’t put them on site then you can bank those credits and then they would applied somewhere else. Somewhere else in the area so that’s the other option so that will all be worked out as a part of this development. Mayor Laufenburger: Again that’s a condition right? Kate Aanenson: That is a condition of approval, correct. So again they need to put additional buffering in there and canopy coverage and so there’s a mechanism to handle that if, there was a lot of discussion on whether or not that many can be placed on. I also want to clarify or just reiterate a couple other things that you know we do require 25 or maximum 25 percent hard cover. The building plans, pads that are shown on here are maximum showing the setback area so that doesn’t mean every house is going to be that large and so typically what we ask for is a 60 by 60. These are larger. I think they’re like 70 by 70 or 70 by so significant. They’re showing the setback area so they still have to meet the 25 percent. That doesn’t mean these can be, the houses will be as big as this square. It’s just illustratively showing where the house can be placed within that square if that makes sense. Mayor Laufenburger: So Ms. Aanenson I’m glad you brought that up, the 25 percent. So if, if the footprints of the buildings were built as they’re shown does this entire area meet 25 percent? The hard surface. Kate Aanenson: Yeah I haven’t calculated that because it depends on what the house will come in. I doubt that it would, it might be close yeah. Yeah so we check each house plan that comes in. We would check the setbacks and we also check the hard cover calculations for each lot. Mayor Laufenburger: So every lot has to meet that 25 percent? Kate Aanenson: Every lot has to meet that one. 11 Chanhassen City Council – June 13, 2016 Mayor Laufenburger: So if one lot is 24 the additional 1 percent can’t balance over into the other neighbor? Kate Aanenson: That’s correct. Mayor Laufenburger: Okay. Councilwoman Tjornhom I think you were about to ask something. Councilwoman Tjornhom: I have, yeah I need to go back and when you talk about the total number of trees to be planted, the 111. 66 showing. I’m having a hard time figuring out, they need to plant 111 trees. Why is it 111? Why is that magic number? Kate Aanenson: Sure, yep. So the calculation is based on the upland area which is 7.3 acres and they have a baseline canopy which is about 65 percent of the area. It’s got currently has canopy cover so the way our ordinance works is you have to maintain a percentage of that. It’s assumed that with any developments some trees are going to be removed so if there’s a significant portion of those removed then you’ll have to replace it that much so the minimum canopy coverage required is 46 percent and they’re proposing a 14 percent coverage so in the staff report on page 15 the detail by the City Forester outlines what the difference would be and that would be calculated by a percentage of square footage or caliper and that would equate to approximately 66 additional trees that would need to be shown. Or 66 are shown and they need 111 so again going back to again the Planning Commission got into a lot of detail on this too. Again the house plan might not be that big. There could be room for other trees on there or if it doesn’t make sense there then we would bank some of those but again there’ll be some additional trees up in this area for, we look at some of the extraction for some of the wetland there too so. Councilwoman Tjornhom: Because I guess I’m just having a hard time with the fact that you know our ordinance states, our City Forester has arranged or calculated that you know 111 trees should be planted there or. Kate Aanenson: Sure. Councilwoman Tjornhom: But if they can’t do it and they can only put 66 in, I guess I’m having a hard time figuring out why they still have to buy the extra 30, whatever it would be trees. Kate Aanenson: Because they’re taking that many down. It’s the removal, yeah. It’s the removal of the existing tree canopy and I think that was one of the issues that the neighbors had so, that they were concerned about so many trees going down because right now part of those lots are heavily wooded so they’re tried to make that up so again following ordinance calculations that’s how we do it. Mayor Laufenburger: Mr. Gerhardt did you want to say something? 12 Chanhassen City Council – June 13, 2016 Todd Gerhardt: No. Kate I think covered it. It’s based on ordinance is how the calculation is drawn up. We do a tree inventory of all the existing trees and based on that inventory and the percentages in the ordinance it came up to be 111. We will work with the applicant to find another spot to plant the other 35. Councilwoman Tjornhom: But it won’t be on this property. Kate Aanenson: It may not be. Again they need to do some revision to their landscaping plan. They are working on that right now. Again so some of their buffer requirements are along Lake Lucy. Some buffer requirements there. There’s overstory/understory trees so it depends on the mix so. Councilwoman Tjornhom: Because well I understand that. I just would hate to make a developer go through extra expense of buying and planting more trees elsewhere if it just was impossible for him to follow the ordinance and our calculations. Kate Aanenson: Right and I think our goal is to make this a good project that meets some of the concerns that the neighbor had of getting reforestation back and following the city code so understand your point. Another thing I didn’t cover while I think about it now. In the Planning Commission or the council update, the beginning we did have some additional attachments. The letters. I just want to make sure that the letters from Mr. and Mrs. Weingart and from Mrs. Randall and then some of the staff comments. The applicant’s comments back and then I handed out to you tonight a letter from Mr. McCourt and then a phone conversation with Cathy Lam. Some of the concerns that they had. Again. Mayor Laufenburger: And Ms. Aanenson. Kate Aanenson: If you wanted me to address any of those I could do that now. Mayor Laufenburger: Yeah did any of these most recent comments, did they introduce things that were not discussed at the Planning Commission? Or was it a reaffirmation? Kate Aanenson: I think most of them, you know I think some of the comments from the Planning Commission meeting was as we know infill development. Change. Mayor Laufenburger: Yeah. Kate Aanenson: We talked about again I’ve been here 25 years. There’s been a lot of development along Lake Lucy Road over the years. Shadowmere. Willow Ridge. Some of those projects have come in. It changes. These are2 larger lots. I think the water quality issues certainly and the notification of a hearing notice that we always try to put a sign up. That one we didn’t hear before. And then flyers, 350 feet is the state law. We do 500 feet and I think this applicant or this person sent it, a letter was over 1,000 feet away so we do our best. 13 Chanhassen City Council – June 13, 2016 Mayor Laufenburger: Okay. And in many cases we exceed what’s required is that correct Ms. Aanenson? Kate Aanenson: Absolutely, yes. Yes. Mayor Laufenburger: Okay, alright. Continue with your presentation. Kate Aanenson: Sure, yep. So landscaping is still in the works and then finally this park, the project is next to Pheasant Hill Park so we certainly wanted the applicant to find a way to integrate to the park. We know a lot of people walk along Lake Lucy. Dog walk and going to the Pheasant Hill Park so this is the applicant’s drawing of a connection to the park. You can see this trail coming out into the park and that gets interpreted as you look at this connection here coming through and then we’ll have a sidewalk along this street and then a connection back down to Lake Lucy Road. Again allowing people to walk down there to get to the bus stop and the like, or to use the trail to get to the park. A loop for other people in the neighborhood to use this and make their way around that. Mayor Laufenburger: Ms. Aanenson does that then become an easement for that trail or not? Kate Aanenson: It’s a sidewalk and then this would be a trail easement I believe. Yeah, the rest of it would be sidewalk. Public. Mayor Laufenburger: Okay. Kate Aanenson: So with that the Planning Commission recommended to the City Council that you rezone the property from Rural Residential and then approve the preliminary plats and then also the variances for the flag lots and the cul-de-sac bubble and the 300 feet and then with the conditions of approval and adopts the Findings of Fact. With that I’d be happy to answer any questions that you may have. Mayor Laufenburger: Alright, are you going to leave this motion up here for just a second Ms. Aanenson? Kate Aanenson: Absolutely. Mayor Laufenburger: Alright. In just a moment I’m going to ask the applicant to come forward if you’d like, he or she would like to say anything but before we do that are there any questions of council for staff? Councilwoman Tjornhom. Councilwoman Tjornhom: I’m going to go back to landscaping again. It just, it’s bothering me so I need to understand it more. That’s 45 extra trees if I did my math right that we’re going to make the applicant purchase and plant elsewhere. Is that correct? 14 Chanhassen City Council – June 13, 2016 Kate Aanenson: Okay first of all I think we need to note that we did calculations and since that time there’s been revisions to the grading plan, some of the site plan so we’re saying that they’ve not been reflected in the tree preservation so we’re asking them that they need to resubmit their calculations and we’ll review that and compare that to the city ordinance. We’re not asking, they’re not asking for relief from the ordinance nor are we granting relief from the tree preservation ordinance. We’re treating this project like we’ve treated everyone and the City’s policy in the ordinance says if they can’t replace them all on site, then they would bank those trees. That number, whatever that equates to and caliper to the City and whether we put it somewhere else along that streetscape or find somewhere else in the park, something like that is how we would use those. Councilwoman Tjornhom: And so, and is that then I mean because we have categories of trees, shrubs and. Kate Aanenson: Correct. Councilwoman Tjornhom: So is that actual trees or would that be a mix? I mean. Kate Aanenson: It’s a mix. It’s a mix. Councilwoman Tjornhom: It seems like a huge expense that they can’t invest into their development. Kate Aanenson: Sure and all I can say at this point is you’ll have that opportunity to look at that at final plat because I think we’re looking through those revisions so I would just hold that in abeyance until we see that at final plat and have a better idea of what those actual numbers are and how they’re going to manage that, if that’s acceptable. Mayor Laufenburger: Did you have another question councilwoman? Councilwoman Tjornhom: That’s it. Mayor Laufenburger: Mr. Campion you have a question, comment? Councilman Campion: Ms. Aanenson can you talk a little bit more about the variance request for the flag lots? Kate Aanenson: Sure. Councilman Campion: We have an ordinance for flag lots right? Kate Aanenson: Yes we do. 15 Chanhassen City Council – June 13, 2016 Councilman Campion: So then the necessity for the variance is what again? Kate Aanenson: Well it’s pinched by the shape of the lot. The 2 wetlands here and because all of the lots are in well excess of 15,000 square feet. It wasn’t like they were right at 15, 15, 15. It’s just the shape of that. Trying to get this cul-de-sac to pinch. You can see these lots are deeper too so it’s, if you look at Shadowmere, that subdivision…the site, I mean they also used flag lots and there’s some other ones up on Yosemite too. We do allow flag lots via variance. The reason we changed it, it used to be standard that we could do it. We changed it to variance because the issue became when you have a, sometimes you see a flag lot with a lot in front and then a long driveway going behind and sometimes that’s less desirable for the neighbors behind because they don’t have the same orientation in the back so if you have a long deep lot and you want to split the back half of it, those became problematic. We saw this because they’re all getting access from the same street, the same bubble and it doesn’t have that same negative impact so we felt that we could support the variances on these. Councilman Campion: Okay. Mayor Laufenburger: And related to that Ms. Aanenson it appears that Lots 9 and 10 will share a common driveway until it comes to their property. Kate Aanenson: Correct. Mayor Laufenburger: Is that correct? Does that make sense? Kate Aanenson: (Yes). Mayor Laufenburger: Okay, alright. And the developer’s clearly aware of the requirements of the flag lots? Kate Aanenson: That’s correct. Mayor Laufenburger: Okay, alright. Any other question of staff? Okay. Is the applicant present and would you like to address the council? State your name and address please for the record. Terry Forbord: Mr. Mayor, members of the City Council, my name is Terry Forbord with Forbord Land Company. I’m a principle with Yosemite Holdings and it’s a privilege to be before you this evening. We’re very grateful for the extra effort that the staff has exhibited in this very challenging exercise of trying to find the best possible development scenario for an infill piece of property within the city and they’ve done an excellent job. We support their recommendations. In the, due to my respect of your time and your agenda we can be as extensive with the presentation this evening on my background. Roger Humphrey my senior 16 Chanhassen City Council – June 13, 2016 engineer is here to answer any questions but out of respect for your time rather than bore you with a history about my work in Chanhassen I’d prefer to leave that question to you. I would like to thank you for recognizing Senator Ortman. I’ve known her for a long time too and she’s done a great service to this community and the state. I have had a privilege of developing 6 communities in Chanhassen. All of them occurred during the 90’s and early 2000’s. That would have been Longacres, Willow Ridge, Springfield, Highlands at Lake St. Joe. I directed development at Near Mountain and it was a privilege working with the City then and it is today. Mayor Laufenburger: Your thumbprint is everywhere Mr. Forbord. Terry Forbord: Well. Mayor Laufenburger: Well not everywhere but substantial. Terry Forbord: It’s very important to make sure that people understand is that I had an incredible team of people working with me. It wasn’t just me but it was a real privilege to build these wonderful neighborhood communities in Chanhassen and it’s fun to be back here again. But we’re here to answer any questions that you might have about this so please feel free to raise anything. Mayor Laufenburger: Okay, anybody have a question for the applicant? I do Mr. Forbord. Are you familiar with the conditions that City staff is putting on the development? Terry Forbord: Absolutely. Mayor Laufenburger: And are you prepared to comply with all of those conditions? Terry Forbord: Yes we are working with them. Since the Planning Commission we’ve been working daily with the City on each and every one of those things including the trees. The site plan, as Community Development Director Aanenson mentioned has, this is the original submittal and we’ve been going through some reiterations to make it better since then and the tree planting and everything ultimately then will change as well and we know that those are conditions of this, of the final plat and so we’re fully prepared to do that. Mayor Laufenburger: Okay. Alright. Thank you Mr. Forbord and Mr. Humphrey for being with us tonight. Thank you for making yourself available. Terry Forbord: Thank you. Mayor Laufenburger: Ms. Aanenson let’s come back to you for just one question. Can you bring the motion up please? So I’ve heard you say, we’ll get it there. Kate Aanenson: Sorry. 17 Chanhassen City Council – June 13, 2016 Mayor Laufenburger: That’s okay, I’ll be patient. Kate Aanenson: I remember we had a mouse there. Mayor Laufenburger: There. So I heard you say that in some form a few times that we’re working towards getting to that condition and you use the terms that it will come before us in the final plat. So if we were to move forward with approving this tonight this item will come back to us again is that correct? Kate Aanenson: That’s correct. Mayor Laufenburger: Can you explain to, especially to those people that are with us this evening, what does that mean? We’re giving approval for a next step but what does the council, what authority does the council have at the final plat approval? Kate Aanenson: Well your authority lies in the conditions that you put in there. They have to show that they’ve met all those conditions and there’s a pretty lengthy list. As the applicant has stated they’re working on those right now. We’ve been seeing those back and forth so they have to meet all those conditions. Mayor Laufenburger: Okay. And this is very customary for us in developments like this is that correct? Kate Aanenson: That’s correct. Mayor Laufenburger: Okay, that we see a preliminary plat and it’s that time that the council hears about conditions that have been stipulated. Not necessarily met but will be met at the time of the final plat. Kate Aanenson: That’s correct. Mayor Laufenburger: Okay, alright. With that said is there any comment or any questions or comment from the council? Anybody. Is there anybody that would like to make a motion? Todd Gerhardt: Mayor do you want to…? Mayor Laufenburger: Oh excuse me. Thank you Mr. Gerhardt. Thanks for the reminder. I mentioned earlier in the meeting that all members of the council were present with exception of Councilwoman Ryan. She has asked me to read this letter in her absence and I’ll read it word for word. Dear Chanhassen residents and neighbors. I’ve asked the Mayor to read this letter on my behalf. I deeply regret that I am unable to attend tonight’s meeting but unfortunately I have been struggling with some health issues this past week which caused me to spend some time in the 18 Chanhassen City Council – June 13, 2016 hospital. I am hopeful and optimistic for a full recovery. The Lake Lucy Road subdivision proposal is one that has been a topic of much discussion. Like all proposals this is an important one but it’s also one that directly impacts my surrounding neighbors. Please know that my concerns have been expressed and noted and I know your emails, your calls and conversations will also be taken into careful consideration when the City Council makes it’s decision this evening. To all residents please continue to reach out to council with questions, comments and concerns as it is a very important part of the process. Again my apologies to you for my absence in representing your voices tonight. Councilwoman Elise Ryan. And I would just simply echo what Councilwoman Ryan said in her note that this proposal has been in front of the council for a number of days now and we anticipated it’s coming forward so we have reviewed Planning Commission comments. We have reviewed correspondence. We have reviewed comments from citizens given both personally, face to face. Phone calls. Emails, et cetera so we have considered all of this and we also consider the importance of the conditions that are stipulated in the proposal as well. So with that is there anyone that would like to make a motion? Councilman McDonald: Mr. Mayor I have a question. So the motion that’s up is not the motion that’s in the packet. Which motion do you want to use? This is from the Planning Commission. The one in the packet is for. Todd Gerhardt: Kate? The City Council motion. The one up on the screen for Planning Commission. Kate Aanenson: It says, oh okay. Sorry. Just take this off. Councilman McDonald: Okay. Kate Aanenson: You can take the Planning Commission word off, yeah. Councilman McDonald: Well it’s a little bit different also. It talks about the bubble lot or the bubble circle. Kate Aanenson: Yeah you can read the motion in the packet. It covers all the conditions of approval plus adoption of Findings of Fact. Mayor Laufenburger: Okay for those present in the council, can you go back to the Planning Commission motion just for a second. Kate Aanenson: It reads the same. The problem is that this is in here. This is correct. Mayor Laufenburger: Okay, this is the right motion that’s on the screen right now Mr. McDonald. Councilman McDonald: Well then I guess I’ll make a motion. 19 Chanhassen City Council – June 13, 2016 Mayor Laufenburger: Councilman McDonald. Councilman McDonald: I make a motion that the Chanhassen City Council approve rezoning of the property from Rural Residential (RR) to a Single Family Residential (RSF) and preliminary plat approval for 12 lots, one outlot and public right-of-way with variances for the use of flag lots, cul-de-sac bubble size and a local street centerline offset of less than 300 feet and a building setback variance from the cul-de-sac bubble for Lot 11 subject to the conditions of approval and adopts the Findings of Fact and Recommendation. Mayor Laufenburger: Thank you Mr. McDonald. Is there a second? Councilman Campion: Second. Mayor Laufenburger: Thank you Mr. Campion. Is there any further discussion? Before this goes for a vote, Ms. Aanenson when do you expect final plat to come forward? Kate Aanenson: We’d have to ask the applicant. Mayor Laufenburger: Mr. Forbord do you want to speak to that question? Terry Forbord: Mr. Mayor, members of the City Council, Terry Forbord. We plan to produce that final plat as quickly as possible and have it before the City within the next hopefully 30 days. Mayor Laufenburger: Okay. Terry Forbord: The construction season is very short in Minnesota so. Mayor Laufenburger: We understand that. Thank you very much. Terry Forbord: Thank you. Mayor Laufenburger: Okay any other discussion? Councilman McDonald moved, Councilman Campion seconded that the Chanhassen City Council approve rezoning of the property from Rural Residential (RR) to a Single Family Residential (RSF) and preliminary plat for 12 lots, one outlot and public right-of-way with variances for the use of flag lots, cul-de-sac bubble size, a local street centerline offset of less than 300 feet and a building setback variance from the cul-de-sac bubble for Lot 11, plans prepared by Stantec, dated 5/6/2016, subject to the following conditions and adopts the Findings of Fact and Recommendation: 20 Chanhassen City Council – June 13, 2016 Building: 1. Provide a 1:200 “clean” plat drawing. 2. Demolition permits required for the removal of any existing structures. 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: 1.The applicant shall include a chart with the maximum hardcover allowed on each lot. 2.The lots shall be graded to drain away from proposed building locations. 3.Spot elevations shall be shown on the plans to verify that water will drain away from buildings at the following locations: Lot 6 backyard, Lot 7 backyard, the east side of Lot 1, the highpoint of the side yard of Lot 10. 4.The applicant shall revise lots 6-9 be a full-basement, rambler-style home. 5.The grading plan shall be revised to show a spot elevation at the centerline of each driveway where it meets Street A. 6.Draintile is required for all lots where stormwater runoff will flow from the back to the front of the property. Draintile shall be shown on the plans for Lots 6, 7, 8, and 9. 7.The applicant shall identify the discharge point of the culvert shown on the existing topography near the existing driveway of 1600 Lake Lucy Road. If it is a driveway culvert, the applicant shall have it removed or bulkhead and abandoned. 8.The plans shall identify the areas intended for stockpiling materials on site during construction. 21 Chanhassen City Council – June 13, 2016 9.Top and bottom wall elevations shall be shown for the retaining wall on the eastern property line of Lot 9. 10.Any retaining wall that crosses lot lines shall be owned and maintained by a Homeowners Association (HOA). 11.The development plans shall call out the material of the retaining wall. 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. 12.Boulder walls shall not be taller than six feet. 13.The applicant shall have their surveyor confirm all easements and right of way shown with a recent title survey before final plat. 14.Easements over drainage swales, basins and storm water pipes shall be called out as “Drainage and Utility” easements. 15.Retaining walls and an entry monument are proposed within City easements. These elements shall be relocated outside of the standard perimeter drainage and utility easement boundaries, expecting the retaining wall on Lots 5 and 6. 16.The retaining wall on Lots 5 and 6 requires an encroachment agreement. 17.The preliminary plat shows a signage easement on Lot 1. This shall be a paper easement between Lot 1 and the development’s HOA. 18.The applicant shall name Street A with coordination with the Fire Marshall prior to submittal for final plat review. 19.The applicant shall include the horizontal alignment tabulation for Street A in the plans. 20.The developer shall show construction limits for utility work below Yosemite Ave and submit a staging and restoration plan with their final plat submittal. 21.A street light shall be installed at the intersection of Street A and Yosemite Avenue. 22.Driveways shall be shown on the plan in the final plat submittal. 23.Driveways shall be designed to meet all standards in City Code §20-1122. 22 Chanhassen City Council – June 13, 2016 24.The sidewalk does not continue north of Street A, therefore the pedestrian ramp shall not be constructed at the intersection of Street A and Yosemite Avenue. 25.The pedestrian ramp on the northwest corner of the intersection of Lake Lucy Road and Yosemite Avenue shall be replaced per City of Chanhassen Standard Detail Plates. 26.The sanitary sewer pipe shall be insulated wherever it is less than 6 feet deep. T 27.The portion of the sanitary services that lies within the right-of-way shall be gravity-flowing. 28.The sanitary sewer/water main crossing on Lot 1 may be in conflict. The applicant’s engineer shall verify this when the utility profiles are drafted. 29.SMH 5 shall be moved to be centered between the building pads for Lots 5 and 6. 30.The sanitary services within the cul-de-sac bubble shall be revised to eliminate bends and cleanouts within the right-of-way. 31.The utility plan sheet shall be revised to call out the City of Chanhassen as the local authority in Note 13. 32.The plans shall call out C900 material for the water main pipe. 33.The sanitary sewer/water main crossing on Lot 1 may be in conflict. The applicant’s engineer shall verify this when the utility profiles are drafted. 34.Two additional hydrants shall be installed, one at the intersection of Street A and Yosemite Avenue and one at Station 3+00 of Street A. 35.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. Environmental Resources: 1.A revised tree preservation plan and calculations must be submitted to the city prior to final approval. 2.All required plantings must be located on private property outside of public right-of-way. The landscape plan shall be changed to reflect this requirement. 3.Ash trees shall be removed within the proposed tree preservation area. Removals shall be directed by the city. 4.A revised landscape plan with a detailed plant schedule listing quantities for each individual species shall be submitted to the city before final approval. 23 Chanhassen City Council – June 13, 2016 5.The proposed tree preservation area in the northeast corner of the development shall be incorporated into outlot including wetlands. Fire: 1.Proposed street name will be submitted by the applicant to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. 2.Two addition fire hydrants will be required: one at the south/west corner of Yosemite and Street “A” and the second one on the south side of street “A” by Sta.3+00. 3.A three-foot clear space shall be maintained around fire hydrants. 4.Street sign(s) (temporary allowed) shall be installed prior to building permits being issued. Fire Marshal must approve signage. 5.Prior to combustible home construction fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 6.An addition address number will be required for lot #9. Its location shall be at the entrance of the private driveway. Sign location and size must be approved by the Fire Marshal. 7.Prior to combustible construction fire hydrants shall be made serviceable. 8.No burning permits will be issued for tree/ brush removal. Parks: 1.Full park dedication fees for 10 lots shall be collected per city ordinance in lieu of requiring parkland dedication. 2.Dedication of a 20-foot wide trail and a utility and drainage easement between lot 7 and lot 8. 3.Planning, engineering, and construction per city standards of an 8-foot wide bituminous trail within this easement connecting public Street “A” and Pheasant Hill Park. 4.Relocation of the public sidewalk to the south side of Street “A”. Planning: 1.The front lot lines for lots 5 shall be the north property line, for lots 8 and 9 the east lot lines. 24 Chanhassen City Council – June 13, 2016 2.The entry monument may not be located within the right-of-way and must be located outside of the sight triangle. A sign easement shall be dedicated where the monument sign will be located. Water Resources: 1.Runoff rates and volumes cannot be increased to the south. 2.Curve numbers and drainage areas shall accurately reflect pre and post-construction conditions. 3.The stormwater management practices shall achieve a new overall reduction of at least 90% for total suspended solids and 60% for total phosphorous using industry accepted removal rates. This includes manipulation of the NURP50 Particle Distribution filtration efficiencies to match accepted literature values. 4.The sump manhole and SAFL Baffle shall not be included in the P8 model as the P8 model already assumes pretreatment. 5.All sumps with SAFL baffles shall be a minimum of 3 feet in depth. 6.The applicant shall prepare and submit a Surface Water Pollution Prevention Plan that contains all required elements from Parts III and IV of the NPDES/SDS Construction Permit. This shall be a standalone document. 7.Any disturbance of the buffer areas shall be restored with native vegetation appropriate to the area and the plans shall note this and the seed mix to be used. 8.A plan shall be prepared showing the placement of wetland buffer monuments. 9.All buffer monuments shall be installed prior to the sale of any lots. 10.All stormwater practices shall be place into a drainage and utility easement if not included in an outlot. 11.All drainage swales shall be included in drainage and utility easements and the development shall make any future builder and homeowner aware that these may not be altered without submittal of a revised grading plan to the city and subsequent approval of that revised plan. 12.The development contract shall include language indicating that the Homeowners’ Association shall be responsible for any landscaping work associated with the biofiltration feature and the city shall maintain the associated infrastructure including the underdrain, the filtration media and the piped storm sewer conveyance system. 13.The south biofiltration feature shall have a skimmer emergency overflow structure designed and installed. 25 Chanhassen City Council – June 13, 2016 14.A detailed plan of the filtration basins, consistent with the MN Stormwater Manual shall be submitted with the final plat submittal for review and approval by city staff. It shall include, at a minimum, a plan view, a profile view, all necessary elevations, any in situ soil preparation, methodologies to be employed to protect from construction traffic, soil filter media specifications, any plantings and any appurtenant work to be done. 15.Underdrains and drain tile shall have tracer wire and cleanouts. 16.Pretreatment shall be required for all filtration basins receiving piped discharge. 17.A forebay, surge basin or other approved energy dissipation device shall be provided for the inlet into the biofiltration feature included in the outlot. The selected practice must not create undue maintenance burdens. The end result shall be non-erosive velocities into the basin. 18.Efforts shall be made to raise the elevations of Lots 2 through 5 to assure positive flow towards the street and ultimately to the treatment devices. 19.The applicant, their consultant and city staff shall collaborate to minimize drainage concerns in the back and side yards of lots 6 through 10. 20. Storm Water Utility Connection charges due at the final plat are estimated to be $58,880.00. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Mayor Laufenburger: Thank you very much Ms. Aanenson, Mr. Oehme and Mr. Forbord. Terry Forbord: Thank you very much. Mayor Laufenburger: Thank you. 4060 LAKERIDGE ROAD: APPROVE WETLAND ALTERATION PERMIT TO BUILD A TEMPORARY DOCK ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF). Mayor Laufenburger: Do we have a staff report? Krista Spreiter: Yes. Thank you Mr. Mayor. As stated this is a request for a wetland alteration permit at 4060 Lakeridge Road. Mayor Laufenburger: And just for the record, for those in the chamber could you state your name. Krista Spreiter: Krista Spreiter, Natural Resources Technician. Mayor Laufenburger: Thank you Krista. 26