CC minutesChanhassen City Council – August 14, 2017
Councilman McDonald: I’ll make a motion Mr. Mayor.
Mayor Laufenburger: Thank you.
Councilman McDonald: I would propose that the Chanhassen City Council approves rezoning
of the property from Agricultural Estate.
Paul Oehme: No, no.
Mayor Laufenburger: Wrong one.
Kate Aanenson: Yep. It’s already been rezoned. I think the motion on the screen is correct
because you’re just doing the vacation.
Paul Oehme: You’re right.
Councilman McDonald: Okay. That’s why I asked. Then I’ll recommend that the Chanhassen
City Council adopts a resolution approving the vacation of public highway dedicated on the
recorded plat of GATEWAY NORTH as described in Exhibit A.
Mayor Laufenburger: We have a valid motion. Is there a second to that motion?
Councilwoman Ryan: Second.
Mayor Laufenburger: Thank you Councilmember Ryan. Any further discussion?
Resolution #2017-55: Councilman McDonald moved, Councilwoman Ryan seconded that
the Chanhassen City Council adopts a resolution approving the vacation of public highway
dedicated on the recorded plat of GATEWAY NORTH as described in Exhibit A. All
voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Laufenburger: Thank you.
Paul Oehme: Thank you.
FAWN HILL – 7240 GALPIN BOULEVARD: APPROVE REQUEST FOR REZONING
FROM AGRICULTURAL ESTATE (A2) TO RESIDENTIAL LOW AND MEDIUM
DENSITY DISTRICT (RLM); CONDITIONAL USE PERMIT FOR DEVELOPMENT
WITHIN THE BLUFF CREEK CORRIDOR; AND PRELIMINARY PLAT WITH
VARIANCES.
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Chanhassen City Council – August 14, 2017
Mayor Laufenburger: This is a multi-faceted request. May we have a staff report? Is this your’s
Ms. Aanenson?
Kate Aanenson: Yes it is.
Mayor Laufenburger: Alrighty.
Kate Aanenson: Just give me one second. Thank you. This is a rezoning, a conditional use and
a preliminary plat. Again the applicant is HP Holdings LLC and Chanhassen Investments and
Anne E. Marcotte. This did go to the Planning Commission on July 18th. There was a few
points of discussion which I’ll bring up in the staff report regarding tree preservation most
specifically and some of the outlots but the Planning Commission did recommend approval 6-0.
So this property is a remnant piece that there was an agricultural barn and a large home on the lot
and the Fawn Hill, which is part of Forest Meadow just to the north here. So this comes down
and then the most recent subdivision just to the south of Bentz Farms so it was anticipated that
some day if this property was to subdivide, as we do in looking ahead and planning is that these
two streets would connect so that’s what happened. The existing house will stay on the property
but the barn will be removed. So with this request there’s actually a couple of actions. It’s
currently zoned agricultural but it will be rezoned to low density and then a conditional use for
development in the Bluff Creek corridor and preliminary plat approval with a variance for a
double lot and that’s for the existing home will be on a double fronted lot and then street grade in
excess of 7 percent. That’s our normal street grade. Again to make those, that subdivision tie to
the north, it’s a little steep on that side so the variance is a requirement. So again the rezoning is
currently A2. Residential low and medium density. In order to get this the intent in our zoning
ordinance is that you have to preserve a significant area in order to get the little bit smaller lots
so with this they are preserving a large area of wet upland and then also the Bluff Creek Overlay
District. So here’s the Overlay District in itself. So the development within the Overlay District
requires a conditional use. There will be some grading down where the storm water pond is and
some of that drainage will be connected to that. I did want to bring up another point that was
raised at the Planning Commission. Some of the neighbors to the north wanted the continuation.
At one time there was a trail that went across the Longacres subdivision but that trail had been
vacated because it really goes into the wetland. It was never going to connect up so the way that
this project will get access to the park and to the trails would be through the existing sidewalks
and then over to Sugarbush Park and then ultimately also onto Galpin Road so that was
something that was brought up by the neighbors and that was clarified that that trail had been
vacated. I did meet with engineering staff and myself with a couple of the neighbors just to kind
of go through some of those issues that they had. So the subdivision itself is for 10 lots. This
existing lot here has a little remnant piece with an outlot and then the developer had desires to
potentially sell these in the future. The City zoning ordinance does not allow those lots to stay
that way because they would be landlocked. Another discussion point was whether or not the
City would want it. The City is again there’s no access to it. Didn’t see the value in that. We’d
rather have it included in the lot. The applicant was trying to go forward with a final plat on this
lot but some of the easements needed to be vacated so I’ll show you a revised plat in a minute
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Chanhassen City Council – August 14, 2017
but I just want to show you where the existing house sits. So this is the double fronted lot on the
cul-de-sac and then on the back the driveway will come off but that’s the only way that could be
accommodated with a variance to the double fronted lot. So this is the revised plat. Again if a
homeowner wanted, to the north wanted to buy a portion of a lot they could still split that off and
add it to their lot. That wouldn’t be considered a subdivision because you’re taking a portion of
one lot and adding it to another. You’re not creating a separate lot. Our goal is to make sure we
don’t have pieces that are landlocked that someone would try to transfer ownership and then they
have no access to it so I think we’ve worked with the developer and found a way to resolve that.
In addition there was one little outlot here that was also then combined with Lot 6 so you’ll see
that will go forward with the final plat so again 10 lots with one existing home. Grading, we
touched on that a little bit. In order to get up the hill to tie the streets together going up to the
existing Forest Meadows subdivision you’re exceeding the 7 percent grade but we believe
overall it’s a well designed subdivision. One of the questions that came up regarding the pin
oaks, and I think I have that on a separate slide. I’ll talk about that in a second. So storm water,
going down to the existing pond potentially creating additional pond here. This one was built I
believe to accommodate most of the storm water but they’ll have to do another cell with that.
Utilities are there. It will be extended. Oops, I want to go back to the storm water again for a
second. So I think one of the issues too was there’s some water that comes across Galpin
Boulevard and providing, and accommodating some of that additional runoff that the developer
is requesting some credit for. Utilities, again sewer and water are available there. Just the
connection. And then landscaping. So one of the questions that came up at the Planning
Commission was there was a stand of pin oak along the back so in order to preserve those the
applicant went through the exercise of showing a retaining wall. It was a pretty significant
retaining wall along the back in order to save those pin oaks and actually the City Forester’s
opinion was, and she spoke to the planning commissioner who had the concern about that,
probably don’t do as well in this soil as would be desirable and with some of the construction
and the potential for the Galpin change in grade felt it might be better just to take those out and
put a tree that would do better in those soils so that communication was had with the planning
commissioner and I think they felt satisfied with that. We also didn’t want to see the large
retaining wall so we do have a drawing on that so it’s a pretty long wall in order to accomplish
saving all those pin oaks so again it was felt like maybe they wouldn’t do as well and trying to
save something with a larger wall in the back of the homes might be well, better served to put up
a more desirable species in there so that’s how it was left and I think that was a good solution.
So with that we are recommending approval and again this is going back for final plat I think in
2 weeks. Just had the hiccup there with the vacation of the easements so with that we are
recommending approval of the rezoning, the conditional use permit within the Bluff Creek
corridor, the preliminary plat for 10 lots and the variance for the street grade and the double
fronted lots and approval of the Findings of Fact. I’d be happy to answer any questions that you
have.
Mayor Laufenburger: Alright. Before I ask the applicant if they would like to speak, are there
any questions of staff at this time? Mr. McDonald.
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Chanhassen City Council – August 14, 2017
Councilman McDonald: I believe that wasn’t this the area where Riley-Bluff Creek had weighed
in as far as the watershed district and were saying that the plans were deficient?
Kate Aanenson: Not this one, no.
Councilman McDonald: Not this one? Okay.
Mayor Laufenburger: Any other questions of staff at this time? Councilmember Ryan?
Councilwoman Ryan: Sure I just have a few. To go back to the outlots. So at the Planning
Commission, so right now it’s Outlot A and it used to be like A through D, is that correct?
Kate Aanenson: Correct.
Councilwoman Ryan: And so you created just one outlot and then the, how’s that going to
work?
Kate Aanenson: No they’re no more. Yep good question. So on the screen now you can see
that there was a series of outlots and they were hoping, and they did put a letter out to the
adjoining property owners if they wanted to acquire these lots.
Mayor Laufenburger: To the north. Property owners to the north.
Kate Aanenson: To the north, correct. Yep and we met with some of those property owners.
And so could they do that in the future? Maybe undecided now. If in the future they wanted to
do it before they sold the lots they could still split those in the future and attributive but when
you go to a final plat you can’t have a lot that’s landlocked.
Mayor Laufenburger: And Outlot A and B and C and D would be landlocked.
Kate Aanenson: Correct. So there’s no road to it so what we asked the applicant to do is
actually create, so Councilwoman Ryan so what they do is they’re just larger lots so there is no
outlots anymore in the back. So these folks have larger lots.
Councilwoman Ryan: So they go all the way back now.
Kate Aanenson: Yep.
Councilwoman Ryan: Okay.
Kate Aanenson: And if before they sell these, if someone to the north changes their mind and
says I’d like some of that, it’s very, very steep.
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Chanhassen City Council – August 14, 2017
Councilwoman Ryan: Okay.
Kate Aanenson: Which is some of the reason that the staff didn’t feel it was as desirable and the
homeowners to the north, while it may have additional green space if you had a lot of hard cover.
Because it’s so steep it’s probably not as desirable and the current owner’s been mowing it so
they have been enjoying it but I’m not sure that the same would take place but this, these two lots
would be Lots 3 and 4 would be benefactors of having larger lots and.
Councilwoman Ryan: Okay. I just remember reading from the Planning Commission that you
were concerned about not having everything sold before this moved forward and I just wanted to
clarify.
Kate Aanenson: Yeah and I think they wanted the option to work on it later but it doesn’t work
that way. Once you go to final plat they have to be shown in a lot because then someone could
transfer and buy a lot that’s landlocked.
Councilwoman Ryan: Okay.
Kate Aanenson: Then it’s a problem.
Councilwoman Ryan: Okay.
Kate Aanenson: But we’ve resolved that.
Councilwoman Ryan: Perfect. And then in terms of, you had mentioned the storm water pond. I
know that there have been concerns and were also brought up but in terms of just the collection
of water on some of those lots so that’s one question. And then you just mentioned that they’re
requesting some credits. If you could clarify what you mean by that.
Kate Aanenson: Sure and maybe the City Engineer can comment on that too but there is water
currently coming off of the subdivision on the east side coming across to the west across Galpin
Boulevard that they’re capturing some of that water so they have to treat the water coming from
somebody else’s site. The other issue was the, this lot here. Lot 12 and again maybe the City
Engineer knows a little bit more about that but I believe they’ve raised that elevation on that lot
too because there was water that was a problematic situation there too.
Councilwoman Ryan: Because didn’t, I think that you said that you were going to meet with the
neighbor. The City was going to meet or the developer was going to meet with the neighbors to
deal with some of the water concerns that affect, I think it was the, it’s still part of Bentz Farm.
Not the older development. Not this particular development and so they were, now that there’s
more grading going on that there’s going to be more runoff so there was concern so I guess my
question is, has that been resolved? Has anyone met with the neighbor to address those issues?
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Chanhassen City Council – August 14, 2017
Paul Oehme: I’m not aware specifically of the neighbor that’s being referenced.
Kate Aanenson: I think the applicant can address those because that did come up at the Planning
Commission too. Yep.
Councilwoman Ryan: Okay, well that’s good for now. If I have further questions.
Mayor Laufenburger: Any other questions of staff before we? Okay. If the applicant is present
would you be willing to come forward and identify yourself and just tell us a little bit about your
project.
Tom Bakritges: Good evening Mr. Mayor, members of the council, staff and audience. My
name is Tom Bakritges with Homestead Partners. JMS Custom Homes. Our address is 6035
Culligan Way, Minnetonka and Miron Marcotte is the property owner and is also present here in
the audience. As you are aware this was kind of the hole in the donut or the last link of the
neighborhoods in this area. Actually JMS Custom Homes developed the property to the north 20
some years ago and we’re the developer of Bentz Farms right now. Two different builders there
and JMS Custom Homes will be the builder in these 9 lots with the existing home that will resell.
So we’ve been working with staff on quite a bit of information here but it’s all been pretty much
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resolved and we’re ready and moving to the final plat on the 28 and we’re excited to keep
moving forward. In regards to your question on the credits, there are, there’s a huge area to the
east and to the north.
Mayor Laufenburger: Yep, Nann will pick that up.
Tom Bakritges: There we go. And the reason is the guidelines a couple years ago were
different. Or a few years ago in terms of water runoff and it’s virtually doubled now and because
we’re creating this system we’re carrying all the water from the ditch from the north and which
probably none of that is being treated but to the north somewhat’s being treated. To the east is
somewhat being treated but there’s a gap and so because we’re going to be carrying all this
additional water that’s what the credit is for.
Mayor Laufenburger: So you want credit for taking care of water that is coming onto your
property but it didn’t originate on your property?
Tom Bakritges: That is correct Mr. Mayor. That is correct.
Mayor Laufenburger: And Ms. Aanenson is that acceptable for the City?
Kate Aanenson: Well that’s what engineering’s been working on. I’m not sure that’s been
resolved or not but that’s.
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Chanhassen City Council – August 14, 2017
Tom Bakritges: It will get resolved when we complete our modeling so today we discussed it
and I authorized the modeling to take place. So we feel pretty comfortable.
Kate Aanenson: Yeah just demonstrating what, how much they’re picking up.
Paul Oehme: There’s some over sizing with the pipes to carry the water through this
development that you know water off site has generated so we just need to figure out what that
number is.
Mayor Laufenburger: How is that water getting from Breaker, Majestic and Walnut, how’s that
getting over to the west side? Is there a culvert underneath of some sort?
Paul Oehme: There is a culvert underneath.
Tom Bakritges: A storm sewer.
Paul Oehme: Yep exactly and there’s a culvert underneath Galpin and all of like Walnut
development is urbanized and has a storm sewer system in it.
Mayor Laufenburger: Okay so that water is treated before it eventually goes into the Bluff Creek
Overlay, is that correct?
Paul Oehme: A portion of it is, yes.
Mayor Laufenburger: A portion of it, okay. Alright. I remember Tom. I’m sorry I don’t
remember your last name.
Tom Bakritges: Bakritges.
Mayor Laufenburger: Say it again.
Tom Bakritges: Bakritges.
Mayor Laufenburger: Bakritges.
Tom Bakritges: It’s Greek so.
Mayor Laufenburger: Well welcome.
Tom Bakritges: Thank you.
Mayor Laufenburger: Anything else?
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Chanhassen City Council – August 14, 2017
Tom Bakritges: No and in regards to the outlots, our goal there was just to briefly say that we
talked to the owners to the north, if they were interested to add on to their property. They were
not at this time so we’re moving forward and eliminating those outlots and as the plan that Kate
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had shown, that’s what we’re going forward with on the 28.
Mayor Laufenburger: So the plan is you will have those larger lots on the north side and if the
property owners to the north of those extended outlots desire to acquire that property in the
future, you would make that possible through the sale of the lots but it would not require, would
it require subdivision? You said no Kate, is that correct?
Kate Aanenson: No.
Mayor Laufenburger: Okay, alright.
Kate Aanenson: Could do that administratively.
Mayor Laufenburger: Okay, alright. Any questions of the applicant? Councilmember Ryan, go
ahead.
Councilwoman Ryan: Back to the pin oaks, and I know you had done, or looked into or put
something together to show if you saved them and the retaining wall and the, you know the
significant increase in the retaining wall. Is that because your desires to have walkouts as
opposed to basements or even if you had basements in, I think it’s Lot 5 and 6, would those pin
oaks be able to be saved?
Tom Bakritges: It’s actually what we’re proposing is lookout’s on those lots.
Councilwoman Ryan: Okay.
Tom Bakritges: At the end of the cul-de-sac, in today’s market, any market really it’s more
desirable to have lookout’s or walkout’s. People are paying premiums to locate in those areas.
Could we do a flat lot? I supposed we could. It’s not the desire of what we want to do but that
retaining wall, if we did that retaining wall, it’s 200 feet long and it’d range from 6 feet to 11 feet
in height. We’re concerned with future maintenance for those 3 properties so what I came back
with, to the staff was many of the species that we’re showing at 6 feet right now in height, we’re
willing to plant 10-12 footers.
Councilwoman Ryan: Great.
Tom Bakritges: So we can work with staff, how many they want and we’ll be able to do that. I
tried to look at saving the pin oaks. It’s just not feasible.
Councilwoman Ryan: Alright. To get the lookout’s?
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Chanhassen City Council – August 14, 2017
Tom Bakritges: Get the lookout’s.
Mayor Laufenburger: Any other question or comment Councilmember Ryan? Did you have
another one?
Councilwoman Ryan: No.
Mayor Laufenburger: Okay. Anybody else? Alright I’m not sure if this is to you, as the, has the
trail that the neighbors were asking, the trail that goes along the southern boundary of Longacres,
has that trail been destroyed do you know?
Kate Aanenson: Yes it has been vacated. I’m trying to look for an overview. You can kind of
see it here but that’s no longer there.
Mayor Laufenburger: Okay.
Kate Aanenson: That section has been eliminated. Oh I’m sorry, thank you. I do that all the
time. This section right here has been eliminated. You can kind of see it on the aerial there.
That’s been eliminated. That connection will not happen.
Mayor Laufenburger: Okay so if somebody wants to get from the left portion of your drawing,
or your photo over to Galpin, how would they get there?
Kate Aanenson: If they’re up here they can come down Fawn Hill.
Mayor Laufenburger: No, go farther, straight left. There. Somebody.
Kate Aanenson: There’s a crossing here to come down.
Mayor Laufenburger: Okay.
Kate Aanenson: It’s not showing it but you can cross here and come down.
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Mayor Laufenburger: Down to West 78?
Kate Aanenson: Yes, ultimately you’re going to come into.
Mayor Laufenburger: Okay, or if they go up, if they go north into Longacres.
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Kate Aanenson: Yeah you’re going to come down off of West 78. Come down onto, in
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Longacres there and then come down onto West 78, correct.
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Chanhassen City Council – August 14, 2017
Mayor Laufenburger: Okay.
Kate Aanenson: Yep.
Mayor Laufenburger: Alright. Let’s see I think that’s it. Thank you Tom.
Tom Bakritges: Thank you very much for your time.
Kate Aanenson: Just to be clear the neighbors are walking it but it’s not a formalized trail you
know because again this is when we did trails when, when this subdivision, we don’t do this
anymore where you have a trail, a public trail going across the back of somebody’s lot,
especially when they put their dog fences in the back and that sort of thing so we don’t do large
lots into the wetlands. As you can see here the lots do not go out into the wetlands.
Mayor Laufenburger: Okay show the, can you show the subdivision revised. The revised
subdivision. There. So can you show approximately where that vacated trail is?
Kate Aanenson: It’s off the screen. It’s way, it’s way over here.
Mayor Laufenburger: Okay.
Kate Aanenson: It’s north and over.
Mayor Laufenburger: So there’s, if you said that there’s still walking. People are still walking
that vacated trail.
Kate Aanenson: That’s what they said at the Planning Commission meeting. They were still
using that. They’re walking across someone’s property to get there and that’s a good neighbor
thing. That’s fine. You know if people allow that but.
Mayor Laufenburger: Okay. But eventually somebody’s going to own that property.
Kate Aanenson: Well they’re walking, I think they’re staying up on top is my understanding.
Staying up on top and cutting over so correct. It will change eventually with some other owner.
Again that’s…
Mayor Laufenburger: Somebody’s going to own Lot 4.
Kate Aanenson: And they may put up a fence and they may right, prohibit the walking across.
As I stated Mr. Marcotte has done a great job of mowing it and being a great neighbor and
everybody’s benefited from it and have enjoyed living next to them so.
Mayor Laufenburger: Good. Kate can you talk about what does double front mean?
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Chanhassen City Council – August 14, 2017
Kate Aanenson: Sure. So you actually have, let me try to get a cleaner one here. You actually
have a driveway. A home that has public access. Access onto a public street at two locations.
One on the cul-de-sac and one of the back side so access will come in this direction. So that’s
called a double frontage lot because it has frontage on two public streets.
Mayor Laufenburger: So is there a driveway access off of Fawn Hill too?
Kate Aanenson: No. Just off of Bentz Court will be the driveway access. It’s actually getting
pretty steep as you, not pretty steep but it’s steeper going up this way.
Mayor Laufenburger: So double front means they have property on two different public streets.
Kate Aanenson: That’s correct.
Mayor Laufenburger: And we normally don’t allow that?
Kate Aanenson: Not in this direction. Often you could have a corner lot. That’s not pretty
characteristic but you have. But now when you have it in the front and the back. Typically
that’s, we don’t like to see that in a subdivision. But there’s no other way to resolve it.
Todd Gerhardt: Typically you’ll see it on a collector road.
Kate Aanenson: Yes.
Todd Gerhardt: You know similar to the 3 lots onto Galpin.
Kate Aanenson: These are, yep those are collectors.
Todd Gerhardt: They’re not going to gain access on Galpin. Their main access will be on Bentz
Court.
Mayor Laufenburger: Okay. Any other questions of staff? Councilmember Ryan.
Councilwoman Ryan: I do. I think this is a great completion to that area. I just want to clarify a
few things that stuck out to me and to see if you’ve got answers since the Planning Commission.
Kate Aanenson: Okay.
Councilwoman Ryan: So in terms of just the general tree canopy, I know they were supposed to,
they’re required to have 81 trees. Did everything come in? The final landscaping plan. I know
that wasn’t.
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Chanhassen City Council – August 14, 2017
Kate Aanenson: Yep it’s all in, yeah. And just to go further than that. We had the joint
commissions tour last Tuesday and we actually drove by this project and we talked a little bit
about the trees and the landscaping and it will exceed, as I stated, the City Forester thought that
pin oaks probably wouldn’t do as well so, as long as they agreed to the same caliper and so the
revised landscaping plan is in. Ready to go for final plat and it will meet all the requirements
and exceed.
Councilwoman Ryan: Okay. And the reason why I ask and I’ve talked to you about this is, you
know when there’s a beautiful section of trees that neighbors are used to seeing and then all of a
sudden they’re removed and houses go up, it’s a concern to neighbors so I just want to make
sure…
Kate Aanenson: Sure, no I appreciate that and to be clear we did get some calls from people
across, the neighbors across on Galpin yes.
Councilwoman Ryan: Okay. And then if you could, I’m going to pull it up from the report so I
don’t misstate this. If you could just give me one second here. It has to do with just the
subdivision and maybe this is all resolved in terms of the zoning and now that’s it the outlot but
it speaks to specifically about 13 percent versus, it’s the transferring of density and 13 percent
versus the norm of 28 to 48 percent for open space in this district. Can you just speak to that and
help me understand?
Kate Aanenson: Sure. So if we go back to the overlay district itself. What we’re getting. So
you can see all of Outlot E which is a continuation. Let me go back and show it this way. So
this is the entire Bluff Creek. So some of that was dedicated here with the Bentz Farm and then
this is picking up the rest of it so it’s a continuation of that whole, what we call kind of that, I
want to say just the watershed area but the, just all the amenities that go with it. Whether it’s the
animal migration. The different vegetation. The trees. Kind of the flora and fauna that are
located in that area so it’s a continuation of that so while these are going to be long lots back
here, there will be no development in that primary zone and then the buffer too so we believe it
does meet the intent. Again these infill developments are the most challenging, especially when
you have a beautiful home in there. You’re trying to work into that so because of the shape of
the lots it was hard for them to get, you know by the time you put the utilities in and pick up the
extra storm water it makes it more challenging so we believe it did meet the intent of the RLM
zoning.
Councilwoman Ryan: Okay.
Kate Aanenson: Because you can.
Councilwoman Ryan: You know that’s a significant difference when you know they’re doing 13
percent of the site and it says right here that historically they dedicate between 28 and 48 percent
and so I just…
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Chanhassen City Council – August 14, 2017
Kate Aanenson: Yep and having said that you’ve got some extra large lots in here so that really
bumps up your lot average by making those two lots significantly larger.
Councilwoman Ryan: Okay.
Todd Gerhardt: So Kate did you say Outlot A is going to be dedicated to the City?
Kate Aanenson: Yes. Yep, and then so your smaller lots are you know the challenging ones up
against Galpin but then the existing home is a larger lot so that, in making these two lots larger
then brings up that average of the lot size and that’s what the RLM allows you to do is make
little bit smaller lots because you have the accumulative preservation area.
Councilwoman Ryan: Okay. And so then, and then back to the runoff. Does the grade of the
road going from 7 percent up to, I know it was at 10 and a quarter. Now it’s coming down to 10
percent. Does that impact the, you know with the hard cover coming down and affecting some
of those, you know whatever the lots.
Kate Aanenson: Over on this side with Lots 3 and 4?
Councilwoman Ryan: Yeah 3 and 4.
Paul Oehme: No. From a drainage perspective Fawn Hill Road, it will be 10 percent. We have
ample catch basins along Fawn Hill Road to capture that water as it comes down, down the hill
there so none of the water that is generated or comes down Fawn Hill Road would end up on the
adjacent properties so it would all be captured in our collection system and directed to the pond
on the west.
Councilwoman Ryan: Okay.
Todd Gerhardt: They have a model program and use, what is that? 100 rain event on the
impervious surface calculation and then that helps them size the storm water pipes and how
many catch basins are needed along there. If they’re high flow catch basins or regular basins, it
depends on what the model outcome would be.
Councilwoman Ryan: Okay. Alright, thank you.
Mayor Laufenburger: Any other questions from council? Or motions.
Todd Gerhardt: Mayor just to add to that. Kate can you go back and show the pond? The pond
to the left there is where it will be pre-treated. The water from the street before it goes into the
wetland so the solids, they’ll settle out in the pond.
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Chanhassen City Council – August 14, 2017
Councilwoman Ryan: And you are increasing the size of that or you’re not?
Kate Aanenson: Yeah he’s increasing it, yes. Yep, and that’s also to pick up some of that extra
water so I think that’s what’s kind of exasperating the one lot that we were talking about so
digging all that up and solving that problem.
Councilwoman Ryan: Okay.
Kate Aanenson: So we’re actually solving a, by this subdivision we’re solving a bigger problem.
Councilwoman Ryan: Bigger problem, okay. Thank you.
Mayor Laufenburger: And Ms. Aanenson before we act on this, this will come back to us for
final plat?
Kate Aanenson: That’s correct.
th
Mayor Laufenburger: On August 28, is that correct?
Kate Aanenson: Correct so we’re working on that report now. It was pretty much done until we
found out we had to vacate the utility easements so yes.
Mayor Laufenburger: Okay, so that final plat, will that be the last action that we as a council
take on this property?
Kate Aanenson: That’s correct and then typically they’re on consent agenda.
Mayor Laufenburger: Okay.
Todd Gerhardt: But there’ll be a public hearing on the vacation.
Kate Aanenson: Correct. It will…
Mayor Laufenburger: And would that occur at the same time? That same meeting?
Kate Aanenson: Correct.
Mayor Laufenburger: Okay, alright. Any comments or any further discussion or motion from
the council?
Councilman Campion: I’ll make the motion.
Mayor Laufenburger: Mr. Campion.
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Chanhassen City Council – August 14, 2017
Councilman Campion: The Chanhassen City Council approves rezoning of the property from
Agricultural Estate (A2) to Residential Low and Medium Density (RLM); Conditional Use
Permit to permit development within the Bluff Creek corridor; Preliminary Plat for 10 lots, one
outlot and public right-of-way with variances for a double fronted lot for a single family
detached subdivision and a roadway slope in excess of 7 percent, subject to the conditions of
approval and adopts the Findings of Fact.
Mayor Laufenburger: Alright, we have a valid motion. Is there a second to that motion?
Councilman McDonald: Second.
Mayor Laufenburger: Thank you Mr. McDonald. Is there any further discussion?
Councilman Campion moved, Councilman McDonald seconded that the Chanhassen City
Council approves rezoning of the property from Agricultural Estate (A2) to Residential
Low and Medium Density (RLM); Conditional Use Permit to permit development within
the Bluff Creek corridor; Preliminary Plat for 10 lots, one outlot and public right-of-way
with variances for a double fronted lot for a single family detached subdivision and a
roadway slope in excess of 7 percent, subject to the following conditions of approval and
adopts the Findings of Fact:
Conditional Use Permit:
1. Outlot E, encompassing the large wetland area, shall be dedicated to the City.
2. The developer shall install signage at lot lines corner and at the change in angle along the
west portion of Lots 2, 3 and 4, Block 1 to demarcate the Bluff Creek Primary Zone.
Subdivision with Variances:
Building:
1. Provide a 1:200 “clean” plat drawing.
2. Demolition permits required for the removal of any existing structures.
3. Proposed street-name (Fawn Hill Road) is acceptable to the Building Official.
4. Buildings may be required to be designed by an architect and/or engineer as determined
by the Building Official.
5. A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
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Chanhassen City Council – August 14, 2017
6. Retaining walls over four feet high require a permit and must be designed by a
professional engineer.
7. Each lot must be provided with separate sewer and water services.
8. 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 plat shall be modified to dedicate drainage and utility easements over the pipe from
CBMH 2 to CBMH 12 to FES 13 and CBMH 14 to CBMH 7. The easements shall be
sized to allow future excavation for a ratio of 1:1 (min) or 1:1.5 (preferred).
2. The developer will work with the city to resolve the drainage at the southeast corner of
the proposed development and the northeast corner of Vistas at Bentz Farms.
3. The applicant shall submit a soils report indicating soil conditions, permeability and
slope.
4. The benchmark location and elevation used for surveying shall be indicated on the
grading plan.
5. Proposed spot elevations shall be shown on the grading plan at the center of the proposed
driveway at the curbline and at corners of proposed building pads.
6. The plan shall be revised so that Note 10.A on the grading plan reads that disturbed areas
will be restored with 6” of topsoil.
7. To provide draintile service where runoff will flow from the back to the front of lots, the
plan shall be revised to include draintile between Lots 3 and 4 of Block 2.
8. Lot 4, Block 1 and Lot 4 Block 2 grading plans shall be revised to grade away from the
building pads.
9. The proposed development will exceed one (1) acre of disturbance and will, therefore, be
subject to the General Permit Authorization to Discharge Stormwater Associated with
Construction Activity Under the National Pollution Discharge Elimination/State Disposal
System (NPDES Construction Permit).
10. The applicant shall submit the full SWPPP document to the city for review prior to
grading on site.
11. The plans shall identify the areas intended for stockpiling materials on site during
construction.
12. The applicant shall meet the minimum requirements for stormwater set forth in City
Code §9-VII and requirements of the Riley-Purgatory-Bluff Creek Watershed District.
13. The applicant must obtain a permit from RPBCWD prior to final plat recording.
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Chanhassen City Council – August 14, 2017
14. The SWMP Fee is $58,915.20. The SWMP Credit given for meeting the 1.1” volume
abstraction is $29,457.60. The applicant must still verify that the 1.1” abstraction is met
for the site. The net SWMP Fee due at the time of final plat of is $29,457.60.
15. Both walls shall be moved outside the perimeter drainage and utility easements that will
be dedicated with this plat.
16. The existing retaining wall at the temporary turnaround constructed as part of Vistas at
Bentz Farms shall be removed.
17. The Fawn Hill plan set proposes a 10.25% slope, but the developer’s engineer shall revise
the plan to achieve the 10.0% slope per the Forest Meadow as-built plans and the Vistas
at Bentz Farms ghost plat of this parcel.
18. Fawn Hill Road and Bentz Court shall be public streets, owned and maintained by the
city after acceptance of the public improvements by the City Council.
19. The street plan shall be revised to callout right-of-way widths and centerline gradients.
20. A street light shall be installed at the intersection of Fawn Hill Road and Bentz Court. A
$300 fee shall be collected with the development contract for electricity costs for the first
year of operation.
21. All proposed driveways shall follow the city setback requirements of 10 feet from the
property line. The driveways for Lots 2-4 of Block 1 and 3-5 of Block 2 shall be revised
to meet the setback.
22. ADA compliant pedestrian ramps shall be installed at the intersection of Bentz Court and
Fawn Hill Road and at the entrance to Sugarbush Park.
23. Sanitary sewer shall be owned and maintained by the city after acceptance of the public
improvements by the City Council.
24. The existing home on Lot 3, Block 2 shall be connected to the proposed sewer system
and the existing mound system shall be removed prior to the acceptance of the public
sanitary sewer.
25. Water main shall be owned and maintained by the city after acceptance of the public
improvements by the City Council.
26. The existing home on Lot 3, Block 2 shall be connected to the proposed water system
prior to the acceptance of the public water main.
27. Storm sewer installed with this subdivision shall be owned and maintained by the city
after acceptance of the public improvements by the City Council.
28. The grading proposed will route some of the Galpin Boulevard ditch runoff as overland,
sheet flow to a pick-up catchbasin located on Lot 5, Block 2. The plan shall be revised to
include a pick-up catchbasin within the right-of-way rather than routing the stormwater
onto the residential lot.
29. The plan shall be revised to locate CBMH 4 outside of the driveway area for Lot 1,
Block1.
30. The plan shall be revised to include CBMH 14 in the structure table on plan page 4.
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Chanhassen City Council – August 14, 2017
31. The plan shall be revised to show velocities on the FES table on plan page 4. All FES
pipe shall have non-erosive velocities (3.5-5.0 feet per second).
32. The plan shall be revised to remove the environmental sumps from CBMH 7 and
installed on CBMH 3 and 6. This CBMH are preferred because they are downstream to
catch more debris and are on the street for easier future maintenance access.
33. The plan shall be revised to show the entire storm pond that the development is using for
stormwater management.
34. To avoid having stormsewer pipe in backyard easements, staff recommends routing the
stormwater system down Bentz Court and up Fawn Hill Road rather than between Lots 1
and 2 of Block 2.
35. The storm crossing elevation at Station 1+25 shall be corrected.
36. The plan shall be revised to increase the pipe slope to FES 13 to 1.00% or greater per the
MN Stormwater Manual to prevent ice damage to the pipe.
37. The plan shall be revised to use 15” RCP as the minimum stormwater pipe size for future
maintenance access.
38. Water and sewer partial hook-ups are due at the time of final plat. For 10 units, the
sanitary partial fee is $6,910.00 and the water partial fee is $21,470.00. The remaining
hook-up fees will be due with the building permit at the rate in effect at that time.
Natural Resources:
1. The minimum number of overstory trees required to be planted in the development is 81.
2. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
3. The applicant shall install the required bufferyard plantings along Galpin Blvd.
Parks:
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be
collected as a condition of approval for Fawn Hill.
Planning:
1. The applicant shall resolve the issues with Outlots A, B, C, D and F prior to final plat
approval.
2. Outlot E, encompassing the large wetland area, shall be dedicated to the city.
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Chanhassen City Council – August 14, 2017
3. The developer shall install signage at lot lines corner and at the change in angle along the
west portion of Lots 2, 3 and 4, Block 1 to demarcate the Bluff Creek Primary Zone.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Laufenburger: Thank you very much. Good luck Mr.
Tom Bakritges: Tom.
Mayor Laufenburger: Tom.
Tom Bakritges: Thank you Mr. Mayor, members of council.
Mayor Laufenburger: Borcasee, is that right? Tom?
Tom Bakritges: Bakritges.
Mayor Laufenburger: Bakritges. I’ll never forget it now, okay. You don’t have a yogurt by that
name do you? I bet you do.
Tom Bakritges: Thank you again.
Mayor Laufenburger: Best of luck Mr. Marcotte too as well. Alright. Let’s see, that concludes
all of the business items on our agenda.
COUNCIL PRESENTATIONS.
Mayor Laufenburger: Any council presentations at this time?
Councilwoman Ryan: I have a question.
Mayor Laufenburger: Go ahead.
Councilwoman Ryan: Kate could, or Ms. Aanenson could you provide the update that you did in
our work session about the downtown district study please?
Kate Aanenson: Yep. So we’ve invited Hoisington-Koegler to come and just give an overview
of kind of their working on the analytical part and just give you some overview of that and
address questions that you may have and what their process is and where they’re at in the process
and kind of the deliverables and expected outcomes.
Councilwoman Ryan: At our next work session.
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