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
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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
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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
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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
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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.
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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.
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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?
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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.
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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?
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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.
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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
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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.
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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
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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