PC SUM 2005 08 02
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
SUMMARY MINUTES
AUGUST 2, 2005
Chairman Sacchet called the meeting to order at 7:00 p.m.
MEMBERS PRESENT:
Uli Sacchet, Jerry McDonald, Debbie Larson, Deborah Zorn, Kurt
Papke, and Mark Undestad
MEMBERS ABSENT:
Dan Keefe
STAFF PRESENT:
Kate Aanenson, Community Development Director; Lori Haak, Water
Resource Coordinator; Don Asleson, Natural Resources Technician; and Sharmeen Al-Jaff,
Senior Planner
PUBLIC PRESENT FOR ALL ITEMS:
Janet Paulsen 7305 Laredo Drive
PUBLIC HEARING:
REQUEST FOR WETLAND ALTERATION PERMIT TO CONSTRUCT WALKWAY
AND DOCK ON PROPERTY LOCATED AT 6440 FOX PATH, MARIANNE McCORD
& DAVID SANFORD, PLANNING CASE 05-22.
Public Present:
Name Address
Marianne McCord and David Sanford 6440 Fox Path
Tom Meier 695 Pleasant View Road
Jahn Dyvik 610 Pleasant View Road
Lori Haak presented the staff report on this item. Commissioner McDonald asked for
clarification on the depth of the lake in this area, dredging of the channel and placement of the
dock. Commissioner Larson asked for further clarification on placement of the dock.
Commissioner Papke asked staff to explain what responsibility and authority the Planning
Commission has in regards to the conservation easement and if there is precedence of the
Planning Commission over riding a conservation easement in granting a dock like this.
Chairman Sacchet asked why Lot 9 was not included in the community dock and clarification on
the city and state regulations for docks. The applicant, David Sanford, 6440 Fox Path provided
background information and his wife, Marianne McCord presented more detailed information of
their request. Commissioner McDonald asked the applicants to explain what their understanding
was when they purchased their home and their definition of open water. Chairman Sacchet
opened the public hearing. Tom Meier, 695 Pleasant View Road provided historical background
on this neighborhood having lived for 9 years at 6410 Fox Path, which is Lot 6, and now living
Planning Commission Summary – August 2, 2005
at the property with the dock directly adjacent to where this dock is proposed to go. He showed
pictures and reviewed the letter he submitted to the commission stating his opposition to this
request. Chairman Sacchet closed the public hearing. After commission discussion the
following motion was made.
McDonald moved, Papke seconded that the Planning Commission recommends denial of
the Wetland Alteration Permit #05-22 for a boardwalk across the wetlands at 6440 Fox
Path, based upon the Findings of Fact in the staff report. All voted in favor, except Larson
who opposed, and the motion carried with a vote of 5 to 1.
PUBLIC HEARING:
REQUEST FOR REZONING OF PROPERTY FROM A2 TO PUD-R, SUBDIVISION
WITH VARIANCES OF APPROXIMATELY 36.01 ACRES INTO 30 LOTS, 1 OUTLOT
AND PUBLIC RIGHT-OF-WAY; CONDITIONAL USE PERMIT FOR GRADING IN
THE BLUFF CREEK OVERLAY DISTRICT; AND SITE PLAN APPROVAL FOR 138
TOWNHOUSES. THE PROPERTY IS LOCATED EAST OF AUDUBON ROAD AND
NORTH OF PIONEER TRAIL (1500 PIONEER TRAIL), LIBERTY AT CREEKSIDE,
TOWN AND COUNTRY HOMES, PLANNING CASE NO. 05-24.
Public Present:
Name Address
Kevin Clark Town & Country Homes
Rick Janssen Town & Country Homes
Ed Hasek Westwood Professional Services
Kate Aanenson presented the staff report, noting that staff is recommending tabling of this item.
Commissioner Papke asked for clarification of the sight line elevations from the Peterson Bluff
neighborhood stating a desire to better understand the transition process. Commissioner
McDonald asked to see more clarification on the road system in the area. Chairman Sacchet
asked for clarification on grading, retaining walls, housing types, access to the wetland
mitigation areas, and tree inventory. Commissioner Papke asked for clarification of the parking
plan. Kevin Clark, Director of Land Development for Town and Country Homes introduced his
team of Rick Janssen, Vice President of Acquisition and Ed Hasek, Senior Landscape Architect
with Westwood Professional Services. He thanked city staff for their assistance and reviewed
their proposal. Chairman Sacchet asked for a clearer understanding of why they were choosing
to go with only one housing type and clarification of the X’s on the tree survey. Chairman
Sacchet opened the public hearing. Janet Paulsen, 7305 Laredo Drive asked why the item was
noticed with variances when no variances were being requested and clarification of the
difference between public street, private streets and private drives. Chairman Sacchet closed the
public hearing. The commission directed staff and the developer to address the items listed in
the staff report along with the following items: show the location of the trail along Bluff Creek,
look at the gathering areas to perhaps include playground equipment, look at an additional
housing product, and additional off street parking.
2
Planning Commission Summary – August 2, 2005
Zorn moved, Larson seconded that the Planning Commission recommends tabling the
request for rezoning from A2 to PUD-R, site plan review with subdivision for the following
reasons:
1. Allow staff the opportunity to work with the developer’s engineer to attempt to reduce the
number and height of the proposed retaining walls; and
2. Significant changes to the grading plan that may result from #1 may change the site plan; and
3. Work to create greater neighborhood identity and housing design.
The applicant shall work with staff to incorporate the following conditions prior to the next
submittal:
Park and Recreation Recommended Conditions of Approval.
1. Park fees in lieu of land dedication as a condition of this subdivision.
2. Additional pedestrian trails, sidewalks and trail connectors also need to be incorporated into
the project as required. The planning and construction and financing of these pedestrian
improvements are the responsibility of the applicant. The City will reimburse Town and
Country Homes the cost of construction materials only for the ten-foot wide Bluff Creek
trail.
Water Resources Subdivision Recommended Conditions of Approval.
1. The applicant shall work with staff to address comments on Liberty on Bluff Creek’s wetland
mitigation that are received from the reviewing agencies. The wetland mitigation for Liberty
on Bluff Creek shall be constructed prior to or concurrent with wetland impacts on the
Liberty on Bluff Creek project. Wetland replacement shall occur in a manner consistent with
the Minnesota Wetland Conservation Act (MR 8420) and the conditions of the Wetland
Alteration Permit for Liberty on Bluff Creek.
2. Wetland buffers 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be
maintained around Wetlands A and B and the constructed wetland mitigation areas. Wetland
buffer areas shall be preserved, surveyed and staked in accordance with the City’s wetland
ordinance. The applicant shall install wetland buffer edge signs, under the direction of city
staff before construction begins and must pay the City $20 per sign.
3. All structures shall maintain a minimum 40 foot setback from the edge of the wetland buffer.
4. The plans shall be revised to show bluff areas (i.e. slope greater than or equal to 30% and a
rise in slope of at least 25 feet above the toe). All bluff areas shall be preserved. In addition,
all structures shall maintain a minimum 30 foot setback from the bluff and no grading shall
occur within the bluff impact zone (i.e. the bluff and land located within 20 feet from the top
of the bluff).
3
Planning Commission Summary – August 2, 2005
5. All structures shall maintain a minimum 40 foot setback from the primary corridor. No
alterations shall occur within the primary corridor or within the first 20 feet of the setback
from the primary corridor. The grading plan shall be revised to eliminate alterations within
the primary corridor or within the first 20 feet of the setback from the primary corridor.
6. The applicant shall submit a plan for the revegetation of the area south of Bluff Creek that
incorporates native plants and is consistent with the City’s Bluff Creek Natural Resources
Management Plan. Special attention shall be paid to areas with steep slopes (greater than
3:1).
7. The applicant shall determine whether impacts are proposed within the mapped FEMA
Unnumbered A Zone and shall either submit a Letter of Map Amendment (LOMA) showing
that this area is not floodplain or obtain a conditional use permit for alterations within the
floodplain if impacts are proposed.
8. A storm water pollution prevention plan (SWPPP) is needed for the development and shall be
completed prior to applying for the National Pollutant Discharge Elimination System permit.
The SWPPP shall be submitted to the City and the Carver Soil and Water Conservation
District (CSWCD) for review prior to final approval.
9. A stable emergency overflow (EOF) for the proposed pond shall be shown on the plans. A
typical detail shall be included with the plan.
10. The plans shall show paths of access to both wetland mitigation areas as well as all erosion
controls and restoration practices.
11. Additional erosion control notes shall be provided on the plan to address the extension of
storm sewer outside the perimeter controls; erosion control blanket shall be installed as
needed in this area within 24 hours of storm sewer installation.
12. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the following table of slopes and time frames:
Type of Slope Time (Maximum time an area can
Steeper than 3:1 7 days remain open when the area
10:1 to 3:1 14 days is not actively being worked.)
Flatter than 10:1 21 days
These areas include constructed storm water management pond side slopes and any exposed
soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man
made systems that discharge to a surface water.
4
Planning Commission Summary – August 2, 2005
13. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed.
14. The silt fence proposed for the north side of the property shall be moved to be consistent with
the Bluff Creek Overlay District Grading Limit Line, as shown on Sheet 5 of 10.
15. Wimco-type inlet controls shall be used along curbs and installed within 24 hours of
installation.
16. Typical building lot controls shall be shown on the plan. These controls shall include
perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary
mulch after final grade and prior to issuing the certificates of occupancy.
17. The proposed storm water pond shall be used as a temporary sediment basin during mass
grading. The pond shall be excavated prior to disturbing up gradient areas. Diversion berms
or ditches shall be used to divert water to the pond and a temporary pond outlet should be
installed. A detail shall be provided for the temporary pond outlet. Additional temporary
sediment basins shall be constructed if necessary during construction.
18. The ultimate outlet from the site to Bluff Creek shall be adjusted to discharge water parallel
to the creek flow. The outlet shall be turned to the southeast to align with the creek.
19. Storm sewer plans shall be revised in two locations so storm sewer is not located beneath
retaining walls. Plans for the storm sewer shall be submitted.
20. Drainage and utility easements (minimum 20 feet in width) shall be provided over all
existing wetlands, wetland mitigations areas, buffer areas used as Public Value Credit (PVC)
and storm water ponds. An easement adequate to provide access to the pond for maintenance
purposes is needed and shall be shown on the plan.
21. At this time the estimated total SWMP fee, due payable to the City at the time of final plan
recording, is $221,678.00.
22. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g. Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency
(NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for
dewatering), Army Corps of Engineers, Minnesota Department of Health, Minnesota
Department of Transportation, and comply with their conditions of approval.
Forestry Recommended Conditions of Approval.
1. Tree protection fencing shall be installed prior to construction around all areas designated for
preservation.
2. Silt fence or tree protection fencing shall be installed at the edge of grading around both
wetland mitigation areas.
5
Planning Commission Summary – August 2, 2005
3. A fenced access road will lead from the east mitigation area to the west mitigation area. This
will be the only access allowed to the western site. Fencing shall be placed on either side of
the access lane.
4. Additional landscaping will be required behind the units on Lot 7, Block 1 to increase
privacy and minimize headlight glare. A minimum of 6 evergreens and 3 ornamentals shall
be strategically located behind the units.
5. A walk through inspection of the silt/tree preservation fence shall be required prior to
construction.
Fire Marshal Recommended Conditions of Approval.
1. No burning permits will be issued for trees to be removed. Trees and shrubs must either be
removed from the site or chipped.
2. Temporary Street signs shall be installed on street intersections once construction of the new
roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4.
3. A fire apparatus access road shall be designed and maintained to support the imposed load of
fire apparatus and shall be serviced so as to provide all weather driving capabilities. Pursuant
to Minnesota Fire Code Section 503.2.3.
4. Fire apparatus access road and water supplies for fire protection is required to be installed.
Such protection shall be installed and made serviceable prior to and during the time of
construction except when approved alternate methods of protection are provided.
Building Recommended Conditions of Approval.
1. Accessibility will have to be provided to all portions of the development and a percentage of
the units may also be required to be accessible or adaptable in accordance with Minnesota
State Building Code Chapter 1341. Further information is needed to determine these
requirements.
2. The buildings are required to be protected with an automatic sprinkler system if they are over
8,500 square feet in floor area. For the purposes of this requirement property lines do not
constitute separate buildings and the area of basements and garages is included in the floor
area threshold.
3. The buildings will be required to be designed by an architect and engineer as determined by
the Building Official.
4. The developer must submit a list of proposed street names and an addressing plan for review
and approval prior to final plat of the property.
6
Planning Commission Summary – August 2, 2005
5. Demolition permits must be obtained before demolishing any structures on the site.
6. A final grading plan and soils report must be submitted to the Inspections Division before
permits can be issued.
7. Walls and projections within three feet of property lines are required to be of one-hour fire
resistive construction.
8. Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
9. Each lot must be provided with separate sewer and water services.
10. The developer and/or their agent shall meet with the Inspections Division as early as possible
to discuss plan review and permit procedures.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
PUBLIC HEARING:
REQUEST FOR SUBDIVISION WITH VARIANCES ON PROPERTY ZONED PUD-R
LOCATED AT 6560 MINNEWASHTA PARKWAY, MINNEWASHTA CREEK HILLS,
APPLICANT ROBERT RICK (FOR PROPERTY OWNERS TIM & MARY
COLLERAN), PLANNING CASE NO. 05-25.
Public Present:
Name Address
Steve Larson 3861 Leslee Curve
Tim Colleran 6560 Minnewashta Parkway
Kevin Mattson 8566 Drake Court
Robert Rick 4700 Otter Lake Road, White Bear Lake
Connie Villari 1257 Winslow, West St. Paul
Mr. & Mrs. Gil Laurent 24760 Cedar Point Road
Ruth Menten 6630 Minnewashta Parkway
Mary Knutson Rogers 3851 Leslee Curve
Julie Ann Terpstra 6581 Joshua Circle
Marcia Ortner 3920 Linden Circle
Michael J. Barnes 3840 Linden Circle
Brian L. Windschitl 6591 Joshua Circle
Jim Markham 6500 Kirkwood Circle
Greg Greenwood 6501 Kirkwood Circle
R.W. Hueffmeier 6551 Kirkwood Circle
Anthony Farina 6590 Joshua Circle
7
Planning Commission Summary – August 2, 2005
Sharmeen Al-Jaff presented the staff report on this item. Commissioner McDonald asked for
clarification on the grades and slope of the access to the site. Chairman Sacchet asked for
clarification on the right-of-way of Minnewashta Parkway and hard surface requirements. The
applicant, Robert Rick stated that through the entire process they kept in mind trying to minimize
the impact on the current lot. Chairman Sacchet opened the public hearing.
The owner, Tim Colleran stated his thanks to the neighbors for coming out in support of the
development and that he was looking forward to their comments. Ruth Menten, 6630
Minnewashta Parkway, having lived on Minnewashta Parkway since the 1970’s, stated this
house is a historical landmark and expressed concern with traffic coming out across the trail.
Jim Markham, President of the Minnewashta Creek Homeowners Association stated their
beachlot is across the street from this property and right now the Colleran’s have access to an
easement to walk across their beach. Their concern is if all 3 homes are now going to have that
same easement. Sharmeen Al-Jaff stated in speaking with the City Attorney, he noted that the
issue is a private matter between the homeowners association and the Colleran’s. Brian
Windschitl, 6591 Joshua Circle questioned the accuracy of the tree survey, the number of trees
being lost, and clarification of building height requirements. Anthony Farina, 6590 Joshua
Circle asked what the neighbors are getting from this development. He had concern with tearing
down a house built in the 1850’s and the height of the new homes being built. Commissioner
Papke asked staff to comment on the historical status of the home. Sharmeen Al-Jaff stated it is
not on the National Historical Registry. Larry Nelson, 3860 Linden Circle asked why
Chanhassen doesn’t have a preservation association in the city and clarification of the beachlot
issue. Mary Knutson Rogers, 3851 Leslee Curve questioned the width of the driveway. Ruth
Menten reiterated her concern with sight lines coming out onto Minnewashta Parkway. Mike
Barnes, 3840 Linden Circle expressed concern with drainage from the property. Janet Paulsen,
7305 Laredo Drive stated a concern with parking since you are not allowed to park on a private
street and room for turning around. Jerry Paulsen, 7305 Laredo Drive expressed concern with the
height of homes that have been built in the city. Connie Villari with Cornerstone Land
Surveying clarified that she’s a licensed surveyor and not an engineer. She addressed the issues
of safe access to the property, drainage, private drive and turn around, and accuracy of the tree
survey. Greg Greenwood, 6501 Kirkwood Circle expressed concern with parking and pedestrian
safety. Chairman Sacchet closed the public hearing. After commission discussion the following
motion was made.
McDonald moved, Larson seconded that the Planning Commission recommend approval of
the preliminary plat for Planning Case 05-25 for Minnewashta Creek Hill for three lots and a
variance to allow a private street as shown on the plans received July 20, 2005, subject to the
following conditions:
1.Environmental Resources Specialist Conditions:
a.Tree preservation fencing shall be installed at the edge of grading limits prior to any
construction. Fencing shall be maintained until construction is completed.
b.Any preserved trees removed will be replaced at a rate of 2:1 diameter inches.
2.Park and Recreation Conditions:
8
Planning Commission Summary – August 2, 2005
a.In lieu of any land dedication, full park fees shall be collected at the time of platting.
With the one existing home, the total park fee for Minnewashta Creek Hill will be
$8,000.
b.Additional trail construction is not required as a part of this project; however during
demolition and construction, the existing pedestrian trail shall be protected and
remain open. No construction equipment shall be parked on or use the trail as a
staging area during construction. In addition, all match points encountered on the
trail for demolition and/or construction shall be professionally constructed.
3.Detailed grading, drainage, tree removal and erosion control plans must be submitted
with the building permit for each lot.
4.The driveway grade must be adjusted so that runoff from the driveway will sheet drain to
the east. The grades east of the proposed private drive must be adjusted to provide a
drainage swale along the east side of the driveway to the proposed catch basin.
5.Any proposed retaining wall over four feet high requires a building permit and must be
designed by a Professional Engineer registered in the State of Minnesota.
6.Tree preservation fencing must be installed at the limits of tree removal. All disturbed
areas, as a result of construction, shall be seeded and mulched or sodded immediately
after grading to minimize erosion.
7.A 75-foot minimum rock construction entrance must be added to the entrance that will be
accessed during construction.
8.If importing or exporting material for development of the site is necessary, the applicant
will be required to supply the City with a detailed haul route and traffic control plan.
9.The developer shall also extend storm sewer from the existing storm sewer manhole
within Minnewashta Parkway at the south end of the property. The upstream storm sewer
structure shall have a catch basin cover and a three-foot sump.
10.The lateral sanitary sewer and watermain connections to the existing trunk utilities must
be north of the proposed private drive. The developer shall extend 8-inch lateral sanitary
sewer from the existing manhole (top elevation 951.23’).
11.A manhole must be installed wherever a bend is proposed in the sanitary sewer.
Individual sanitary sewer services must be 6-inch diameter.
12.Six-inch lateral watermain shall be wet tapped from the existing trunk utility.
13.A gate valve must be installed immediately west of the wet tap.
14.A hydrant is required at the end of the proposed watermain for flushing purposes.
9
Planning Commission Summary – August 2, 2005
15.Additional drainage and utility easements may be required based on the revised utility
plan. Easements shall be minimum 20-feet wide centered over each utility.
16.According to the City’s Finance Department records, the parcel was previously assessed
for one sanitary sewer and water hookup, therefore sanitary sewer and water hookup
charges must be paid for two lots. The 2005 trunk hookup charge is $1,458.00 for
sanitary sewer and $2,955.00 for water-main.
17.Public utility improvements are required to be constructed in accordance with the City's
latest edition of Standard Specifications and Detail Plates.
18.Detailed construction plans and specifications must be submitted at time of final plat.
19.The applicant is required to enter into a development contract with the City and supply
the necessary financial security in the form of a letter of credit or cash escrow to
guarantee installation of the improvements and the conditions of final plat approval.
20.Permits from the appropriate regulatory agencies will have to be obtained, including but
not limited to the MPCA, Department of Health, MCES, and Watershed District.
21.The driveway easement must clearly stipulate that the owners of Lots 1-3, Block 1,
Minnewashta Creek Hill shall own and maintain the private drive and the private storm
sewer north of the private driveway. The private street must be built to a 7-ton design,
20-foot width. The developer will be required to submit inspection reports certifying this.
22.Water Resource Coordinator Conditions:
a.The grading plan shall be revised to show silt fence down slope of all disturbed areas.
Chanhassen’s standard detail for silt fence (Plate 5300) shall be included in the plans.
b.Erosion control blanket shall be installed on all slopes greater than or equal to 3:1.
All exposed soil areas shall have temporary erosion protection or permanent cover
year round, according to the following table of slopes and time frames:
Type of Slope Time (Maximum time an area can
Steeper than 3:1 7 days remain open when the area
10:1 to 3:1 14 days is not actively being worked.)
Flatter than 10:1 21 days
These areas include constructed storm water management pond side slopes, and any
exposed soil areas with a positive slope to a storm water conveyance system, such as
a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch
or other natural or man made systems that discharge to a surface water.
c.Street cleaning of soil tracked onto public streets shall include daily street scraping and
street sweeping as-needed.
d.The estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $5,355.
10
Planning Commission Summary – August 2, 2005
e.The applicant shall apply for and obtain permits from the appropriate regulatory
agencies as necessary (e.g., Minnesota Pollution Control Agency (NPDES Phase II
Construction Site Permit), (for dewatering)) and comply with their conditions of
approval.
23.Building Official Conditions:
a.A final grading plan and soils report must be submitted to the Inspections Division
before building permits will be issued.
b.Demolition permits must be obtained prior to demolishing any structures on the site.
c.Separate water and sewer services must be provided for each lot and must have a
separate connection to the public sewer or to a manhole which is connected to the
public sewer.
d.Curb box valves cannot be located in driveways.
e.Permits are required for retaining walls. Walls over four feet high must be designed
by a professional engineer.
f.The developer must submit a proposed name for the private drive.
24.Fire Marshal Conditions:
a.The new proposed private street will need a street name. Submit name to
Chanhassen Building Official and Chanhassen Fire Marshal for review and approval.
b.No burning permits will be issued for trees to be removed. Trees and shrubs must
either be removed from site or chipped.
c.Temporary street signs shall be installed on street intersections when construction of
a new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code
Section 501.4.
d.A fire apparatus access road shall be designed and maintained to support the imposed
load of fire apparatus and shall be serviced so as to provide all weather driving
capabilities. Pursuant to Minnesota Fire Code Section 503.2.3.”
25. The applicant will work with staff to address the issues of safety of the private street
accessing onto Minnewashta Parkway, drainage towards the lake, and providing
appropriate parking and turn around areas.
All voted in favor, except Papke who opposed, and the motion carried with a vote of 5 to 1.
APPROVAL OF MINUTES:Commissioner Papke noted the verbatim and summary
minutes of the Planning Commission meeting dated July 19, 2005 as presented.
Chairman Sacchet adjourned the Planning Commission meeting at 9:30 p.m..
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
11