CC Staff Report 10-10-05
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Kate Aanenson AICP, Community Development Director
DATE: October 10, 2005
SUBJ: Liberty on Bluff Creek – Planning Case No. 05-11
EXECUTIVE SUMMARY
th
At the September 29 City Council Work Session the council reviewed the
changes made to Liberty on Bluff Creek. Staff was directed to conduct a density
comparison for Townhouse developments. Attached is that comparison.
As a part of the Final Plat the developer will provide for city approval the design
booklet. The booklet will detail the material and color for each unit. The location
of each type of unit is shown of the site plan in the staff repot. The PUD stand in
the attached staff report direct the elements site must be shown for each unit.
Staff is recommending approval with the conditions below.
ACTION REQUIRED
City Council approval requires a majority of the City Council.
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
“The City Council recommends approval of the request for rezoning from A2 to
PUD-R; site plan review with subdivision of 6 blocks and 69 buildings including
444 units, 3 Outlots (A & B which represent the Overlay District, and C which is the
association pool), and 7 common lots of 91.02 acres; conditional uses for the
development in the Bluff Creek Overlay District and alteration of the Flood Plain;
and a Wetland Alteration Permit, as stated below and as shown on the site plan
and construction plans dated 9-06-05.
Planning Recommended Conditions of Approval
1.Provide design plan that shows the color and architectural detail for each unit
on the site.
2.The assessment for the AUAR will be paid at the time of plat recording. The
assessment amount, based on gross acreage of 15.5 %, plus wetland
delineation and cultural resources inventory is $22,709.00.
Todd Gerhardt
Liberty on Bluff Creek
Planning Case 05-11
October 10, 2005
Page 2 of 8
Engineering Recommended Conditions of Approval
3.The final plat can not be presented to City Council for approval until City Project 04-05 is
awarded.
4.Before site grading commences, the three existing buildings on the property must be razed.
5.On-street parking may be used to satisfy the parking requirement with the following
stipulations:
On-street parking is prohibited between November 1 and April 1 between the hours of 1:00
a.m. and 7:00 a.m., consistent with Section 12-16 of the City Code: Winter Parking
Regulations. Credit for on-street parking is not allowed along the curve of the public streets.
6.The developer’s engineer must work with Peterson’s Bluff’s engineer to ensure that the
proposed grading on each property matches at the property line and to eliminate and/or
decrease the height of retaining walls to the maximum extent possible.
7.Ground slopes shall not exceed 3H:1V.
8.The final grading plan must show the proposed top and bottom of wall elevations for all
retaining walls.
9.Retaining walls over four feet high must be designed by a Structural Engineer registered in
the State of Minnesota and require a building permit.
10.The existing driveway at Audubon Road must be removed.
11.All of the ponds are required to be designed to National Urban Runoff Program (NURP)
standards with maximum 3:1 slopes and a 10:1 bench at the NWL.
12. The lowest floor elevation of all buildings must beat least three feet above the HWL of the
adjacent ponds.
13.The last public storm water structure that is road-accessible prior to discharging to a water
body must have a 3-foot sump.
14.The applicant shall include a drain tile system behind the curbs to convey sump pump
discharge from homes not adjacent to ponds.
15.The style of home and lowest floor elevation must be noted on the final grading plan.
16.Blanket drainage and utility easements are required over all common lots; however, the
following storm sewer segments shall be owned and maintained by the homeowners
association:
a.Northeast and west of Lot 5, Block 1.
Todd Gerhardt
Liberty on Bluff Creek
Planning Case 05-11
October 10, 2005
Page 3 of 8
b.Within the private cul de sac to Lots 1-4, Block 3.
c.The connection between the private drives to Lots 9, 10, 11 and 12 Block 1 and the
public lateral within Street A.
d.The connection between the private cul de sac to Lots 1-4, Block 3 and the public
lateral within Street D.
e.East of Lot 7, Block 4.
f.Northof Lots 11-13, Block 5.
g.West of and between Lots 2 and 3, Block 6.
17.The plat must be signed by a Land Surveyor registered in the State of Minnesota.
18.A minimum 75-foot long rock construction entrance must be shown on the plans.
19.Tree preservation fencing must be installed at the limits of tree removal.
20.An easement is required from the appropriate property owner for any off-site grading.
21.If importing or exporting material for development of the site is necessary, the applicant will
be required to supply the City with detailed haul routes.
22.Utility services for the buildings must be shown on the final utility plan. Sanitary services
must be 6-inch PVC and water service must be 1-inch copper, Type K.
23.Each new lot is subject to the sanitary sewer and water hookup charges. The 2005 trunk
hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. Sanitary sewer and
watermain hookup fees may be specially assessed against the parcel at the time of building
permit issuance. All of these charges are based on the number of SAC units assigned by the
Met Council and are due at the time of building permit issuance.
24.Upon project completion, the developer must submit inspection/soil reports certifying that
the private streets were built to a 7-ton design.
25.All of the utility improvements are required to be constructed in accordance with the City's
latest edition of Standard Specifications and Detail Plates. The applicant is also 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. The applicant must be aware that all public utility
improvements will require a preconstruction meeting before building permit issuance.
26.Permits from the appropriate regulatory agencies will be required prior to construction,
including but not limited to MPCA, Department of Health, Carver County and Watershed
District.
27.The benchmark used to complete the site survey must be shown on the grading plan.
Todd Gerhardt
Liberty on Bluff Creek
Planning Case 05-11
October 10, 2005
Page 4 of 8
28.Intersection neckdowns are limited to public street intersections only.
Park and Recreation Recommended Conditions of Approval
29.Full park dedication fees shall be collected per city ordinance in lieu of requiring parkland
dedication.
30.The trails on both the north and south sides of collector road “A” are widened to 10 feet.
31.The internal or private trail north of Block 1 be carefully planned to allow convenient access
to the Bluff Creek Corridor.
32.Other internal or private trails connecting residents to amenities within the PUD be enhanced.
Wetland Alteration Permit Recommended Conditions of Approval
33.Wetland replacement shall occur in a manner consistent with the Minnesota Wetland
Conservation Act (MR 8420).
34.The applicant shall work with staff to address comments received from the reviewing
agencies, including conducting MnRAMs for impacted and replacement wetlands for use in
sequencing flexibility for impacts on wetlands A, D, E, J and L. Details regarding the
stabilization of areas upslope of mitigation area M2 shall be included in the replacement
plan. More detailed plans for mitigation areas M1 and M2, including cross-sections, shall be
submitted. The applicant shall consider restorations of wetlands A, F and G for new wetland
credit. The applicant must receive approval of a wetland replacement plan prior to or
concurrent with final plat approval and prior to wetland impacts occurring.
35.A five-year wetland replacement monitoring plan shall be submitted. The replacement
monitoring plan shall include a detailed management plan for invasive non-native species,
particularly hybrid cattail, purple loosestrife and reed canary grass. The plans shall show
fixed photo monitoring points for the replacement wetland. The applicant shall provide proof
of recording of a Declaration of Restrictions and Covenants for Replacement Wetland.
36.A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be
maintained around all wetlands, with the exception of Basin C. A wetland buffer 20 to 30
feet in width (with a minimum average of 20 feet) shall be maintained around Basin C.
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.
37.All structures shall be set back 40 feet from the edge of the wetland buffer. The wetland buffer
setback should be shown on the plans.
38.The applicant shall submit a letter of credit equal to 110% of the cost of the wetland creation
(including grading and seeding) to ensure the design standards for the replacement wetland
Todd Gerhardt
Liberty on Bluff Creek
Planning Case 05-11
October 10, 2005
Page 5 of 8
are met. The letter of credit shall be effective for no less than five years from the date of
final plat approval. The applicant shall submit a cost estimate for wetland creation (including
grading and seeding) so the City can calculate the amount of the wetland creation letter of
credit.
39.Clay diversions shall be used to divert runoff around the wetlands on the south side of the
development to the temporary sediment basins downslope of them.
Water Resources Subdivision Recommended Conditions of Approval
40.Bluff areas (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet
above the toe) shall be preserved. In addition, all structures shall maintain a 30-foot setback
from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land
located within 20 feet from the top of a bluff).
41.No alterations are allowed within the primary corridor or within the first 20 feet of the
setback from the primary corridor. All structures shall meet the 40-foot setback from the
primary corridor.
42.A copy of the LOMA shall be submitted to the City prior to alterations within the floodplain.
In lieu of a LOMA, the applicant shall obtain a conditional use permit for alterations within
the floodplain.
43.The developer shall determine the base flood elevation (100-year) to ensure that the
structures will meet all floodplain elevation requirements.
44.The grade stabilization structure at the north end of Basin A is in disrepair and shallbe
replaced. Before the development incorporates this structure into the permanent storm water
management system, the structure shallbe assessed and a plan proposed and approved by the
city for the repair or replacement of the structure, as well as long term maintenance. The
applicant shallwork with the property owner to the north to get permission to repair or
replace the structure.
45.Drainage and utility easements with a minimum width of 20 feet shallbe provided over all
existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water
infrastructure.
46.A complete Storm Water Pollution Prevention Plan (SWPPP) shallbe in place before
applying for and receiving NPDES construction permit coverage from the Minnesota
Pollution Control Agency (MPCA).
47.Minimization of the amount of exposed soils on the site is needed; phasing of the
development shalllimit the disturbed areas open.
Todd Gerhardt
Liberty on Bluff Creek
Planning Case 05-11
October 10, 2005
Page 6 of 8
48.All emergency overflows need temporary and permanent stabilization and shallbe shown in
a detail or on the SWPPP. Energy dissipation (riprap and geotextile fabric) shall be installed
within 24 hours of installation of flared end sections and outlet structures.
49.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
50.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.
51.Temporary sediment basins shall be constructed and could be located in the proposed
permanent storm water pond locations. If Pond A does not get excavated prior to disturbing
the contributing area; a temporary basin shall be constructed approximately in the areas of
Street D and Lot 5, Block 3. Temporary basins shall be labeled on the SWPPP. A detail
shall be provided for the temporary outlet structures for the temporary basins. Clay berms
shall be used to temporarily divert runoff from the construction site to the temporary basins
prior to discharge. Additionally the clay diversions shall be used to divert runoff around the
wetlands on the south side of the development to the temporary sediment basins downslope
of them.
52.Chanhassen Type 2, Heavy Duty silt fence shall be used around all wetlands, streams, creeks,
bluffs and ravines; Chanhassen Type 1 silt fence shall be used around the remaining areas.
The inlet control (for area inlets, not curbside) detail shall be mono-mono heavy duty
machine sliced silt fence with 4 foot maximum spacing for metal T-posts. A rock berm
placed around the silt fence shall be at least 2 feet wide and 1 foot high of 1½ -inch clear
rock. Wimco-type inlet controls shall be installed in all inlets through out the project within
24 hours of inlet installation. Street cleaning of soil tracked onto public streets shall include
daily street scraping and street sweeping as-needed.
53.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $288,050.
54.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 (National
Pollutant Discharge Elimination System Construction Permit), Minnesota Department of
Natural Resources (dewatering permit), and Army Corps of Engineers) and comply with their
conditions of approval.
Todd Gerhardt
Liberty on Bluff Creek
Planning Case 05-11
October 10, 2005
Page 7 of 8
Forestry Recommended Conditions of Approval
55.Tree protection fencing shall be installed prior to construction around all areas designated for
preservation.
56.A walk-through inspection of the silt/tree preservation fence shall be required prior to
construction.
57.A turf plan shall be submitted to the city indicating the location of sod and seeding areas.
58.Dedication of Outlot A and B shall be made to the city or a conservation easement shall be
established over said outlots.
Inspections and Fire Marshal Recommended Conditions of Approval
59.A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees,
shrubs, bushes, Xcel Energy, Qwest, cable TV, and transformer boxes. This is to ensure that
fire hydrants can be quickly located and safely operated by firefighters. Pursuant to
Chanhassen City Ordinance #9-1.
60.There are a number of additional fire hydrants required and some will be re-located.
61.Fire apparatus access roads and water supply for fire protection is requiredto 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.
62.Temporary street signs shall be installed on street intersection when construction of the new
roadway allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4.
63.No burning permits will be issued for trees to be removed. Trees and shrubs must either be
removed from site or chipped.
64.Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for
review and approval. The Chanhassen Building Official and Fire Marshal will determine
which streets will need naming.
65.“No parking fire lane” signs will be required. Contact the Chanhassen Fire Marshal for exact
location of signs to be installed.
66.Submit cul-de-sac design dimensions to City Engineer and Fire Marshal for review and
approval.
Todd Gerhardt
Liberty on Bluff Creek
Planning Case 05-11
October 10, 2005
Page 8 of 8
Building Recommended Conditions of Approval
67.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.
68.Buildings over 8,500 sq. ft. in size must be protected with an automatic fire protection
system. The State of Minnesota is in the process of revising Chapter 1306 of the Minnesota
State Building Code regarding fire protection systems. It is not yet entirely clear how these
changes will affect residential construction. It is important that the developer meet with the
Inspections Division prior to final design to determine what ramifications, if any, the new
requirements will have on the project.
69.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.
70.Demolition permits must be obtained before demolishing any structures on the site.
71.A final grading plan and soils report must be to the Inspections Division before permits can
be issued.
72.Walls and projections within 3 feet of property lines are required to be of one-hour fire-
resistive construction.
73.The buildings will be required to be designed by an architect and engineer as determined by
the Building Official.
74.The developer and or their agent shall meet with the Inspections Division as early as possible
to discuss plan review and permit procedures.”
ATTACHMENTS
1.Medium Density Comparison Chart.
2.Open Space Plan dated September 5, 2005.
3.Building Architecture (as presented at 9/29/05 City Council Meeting).
4.Construction/Site plans dated September 6, 2005.
5.Preliminary Plat Booklet dated June 1, 2005.
6.Staff Report dated October 10, 2005.
7.Extension letter from applicant dated September 15, 2005.
8.Staff Report dated September 29, 2005.
9.City Council Work Session Minutes dated September 29, 2005.
10.Findings of Fact.
g:\plan\2005 planning cases\05-11 liberty on bluff creek\pud prelim plat exec summary 10-10-05.doc
Medium Density Comparison Chart
Adjusted
GROSSROWWETLAND/MISC.PARKOUTLOTNETTOTALGROSSNETNET
PROJECT NAME
CASE NOACRESACRESACRESACRESLANDACRESACRESUNITSDENSITYDENSITYDENSITY*NOTES
MULTI-FAMILY
94-5 PUDMission Hills/Multi-family47.1811.65.8703.2426.47208 4.41 7.86 7.00 192 affordable units
94-18 PUDAutumn Ridge28.134.29007.5716.27140 4.98 8.60 5.87 82 affordable
92-3 PUDOak Pond/Oak Hills24.192.091.83.0911.016.2141 5.83 22.74 8.19 90 affordable
94-7 SPPrairie Creek Townhomes4.60002.711.8924 5.22 12.70 5.22 0 affordable
87-3 PUDPowers Place9.70006.982.7248 4.95 17.65 4.95 0 affordable
95-7 SPLake Susan Hills Townhomes7.2900052.2934 4.66 14.85 4.66 0 affordable
96-3 PUDTownhomes at Creekside7.032.1810.212.141.525 3.56 16.67 6.87 0 affordable
96-4 PUDWalnut Grove (sf, sm lot + townhouses)49.86.810.24.5212.7825.49247 4.96 9.69 6.45 128 affordable
99-2 PUDArboretum Village 120.9321.5926.292.9414.1125.8530.15342 2.83 11.34 6.11 156 affordable ownership, 2.9 acres commercial
2003-3 PUDHighlands on Bluff Creek6.520.861.832.441.3916 2.45 11.51 4.18 BCO
05-11Liberty on Buff Creek91.0211.458.893.1628.0139.51444 4.88 11.24 6.58 BCO, 8.89 ac. wetland/3.16 ac. bluff
SUBTOTAL396.3960.8745.886.121.93107.73153.88 1,669
PERCENTAVG 4.21 10.85 6.01
* includes BCO and Outlots
In order to attempt to make equivalent comparisons of the “developed density” of medium density projects, staff has created a category “Outlot
Acres” to account for area within a development that may be developable, but is maintained as common open space, such as upland within the bluff
creek overlay district primary zone. The net density of a project is calculated by removing all right-of-way, wetlands, miscellaneous acres, park land,
and outlot acres before calculating the density of the development. The adjusted net density adds back into the net area, these common acres
included in outlots. Within Liberty on Bluff Creek, the miscellaneous acres represent areas of bluff and the Outlot acres are area within the bluff
creek overlay district primary zone.
g:\plan\2005 planning cases\05-11 liberty on bluff creek\medium density comparison chart.doc