PC 2007 01 16
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
JANUARY 16, 2007
Chairman McDonald called the meeting to order at 7:02 p.m.
MEMBERS PRESENT:
Jerry McDonald, Kathleen Thomas, Mark Undestad, Kurt Papke and
Dan Keefe
MEMBERS ABSENT:
Debbie Larson and Kevin Dillon
STAFF PRESENT:
Bob Generous, Senior Planner; and Alyson Fauske, Assistant City
Engineer
PUBLIC HEARING:
THE ARBORS: REQUEST FOR REZONING FROM RR, RURAL RESIDENTIAL TO
RSF, SINGLE FAMILY RESIDENTIAL; COMPREHENSIVE LAND USE MAP
AMENDMENT FROM RESIDENTIAL LARGE LOT TO RESIDENTIAL LOW
DENSITY; SUBDIVISION OF 20 ACRES INTO 22 LOTS AND 3 OUTLOTS; AND
VACATION OF EXISTING RIGHT-OF-WAY. THE PROPERTY IS LOCATED AT
7537 AND 7570 DOGWOOD ROAD, LEGALLY DESCRIBED AS LOTS 1 AND 2,
BLOCK 1, ZIMMERMAN FARM 2ST ADDITION, APPLICANT: CARLSON CUSTOM
HOMES, INC., PLANNING CASE 07-02.
Public Present:
Name Address
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Donald Peterson 15272 15 Place, North, Plymouth
Bruce Carlson 7537 Dogwood Road
John Getsch 5404 Glengarry Parkway, Edina
Peter Olin 3675 Arboretum Drive
McDonald: With this first issue which is the Arbors, I think where we left off, we tabled the
issue because of some information that came to light at the hearing concerning the Arboretum
and their spraying activities and also an electric fence. Staff was supposed to look into this and
come back to us with their recommendations. Bob.
Bob Generous presented the staff report and addressed the issues brought up by the
Minnesota Landscape Arboretum.
McDonald: Okay, what I'd like to do at this time, we broke the public meeting up to address this
issue so I'd like to give the commissioners a chance to address these issues that we asked to be
put on hold because there was a significant amount of information here that we felt would impact
our decisions. Then at that point I will open it back up to the public and you're free to come back
up and speak on anything at that point, but I would like to go ahead and gather this information
Planning Commission Meeting - January 16, 2007
so that the commissioners can make a decision. With that I'll start down to my right with, do you
have any questions of Bob on this?
Papke: No, works for me.
Thomas: Nothing.
Keefe: I'm fine with it.
Undestad: Good.
McDonald: I'm okay with it too so at this point we will open it back up the public meeting. I
believe that's what we were in the middle of so anyone that wishes to come forward and address
this development, please do so.
John Getsch: My name is John Getsch and I represent the property, the first 3 lots of the
Getsch's Addition. 7500, 7510, 7530 Dogwood Road. I just want to go down record of being a
strong support of the subdivision. This has been looked at and bounced around for years and the
job that's been done to put together a very good solution of the problem of accessing on
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Dogwood Road. Extension of West 78 Street. Drainage problems. Tree preservation. Road
easements is you know, it's tremendous and I think all the parties involved should be, feel good
about what's been done. I'm glad that it's going forward because it seemed like it was going to be
the next ice age before it happened so just wanted to go on record saying that.
McDonald: Thank you. Does anyone else wish to come up and make comment? Please feel
free sir.
Peter Olin: Peter Olin, Director of the Arboretum. We're glad to know that they'll give full
disclosure in everything, and I assume that's in their advertising as well since they're advertising
that these are great places to buy because they look at the Arboretum. The idea with the fence of
course is that the electric fence, there is no problem now. The problem comes when you start
bringing a lot of people in there, and once they have paid their money and left, then we in the
city and living there have problems that are left and that will be kids going up, grabbing electric
fence. Getting shocks. Calling the police and saying, you've got to get rid of that fence. My
kid's getting shocks because there is no barrier inbetween the Arboretum research and the
subdivision. There's 2 lots there and 2 public parcels and that's where we think the problem is.
Obviously if we replaced that electric fence, there has to be a connection because to keep the
deer out, you have to have a continuous fence all the way around so it's not where 800 feet will
be fenced and then the rest will be open, so that's, would not be the case. We either have to then
put more money in to make the rest of it a high, an 8 foot chain link or a high tencel steel fence
or we have to somehow connect up to the electric fencing. So it's still a problem for us.
McDonald: Okay, thank you. Does anyone else wish to come forward?
Don Peterson: I'm Don Peterson and I'm speaking on behalf of the developer. We have
reviewed this with the staff and the staff recommendations and we're perfectly agreeable to them.
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Planning Commission Meeting - January 16, 2007
We will, we want to have a full disclosure of exactly what's happening in the area. That will be
done. We will have a permanent homeowners association document will be filed, along with
every lot so any future buyer will know what's happening, or what is the present situation. And
we have no objection if the Arboretum wants to build a fence, whatever they want, but we will
comply with the staff recommendation.
McDonald: Okay, thank you sir. Does anyone else wish to come up and make comment?
Before I close the public meeting, I have a question of staff. We did receive an email from
someone that evidently felt they weren't given an opportunity last time to speak. Have you heard
anything as to why they have not come forward tonight? Or have their issues been resolved?
Generous: I'll let Alyson address that.
Fauske: Mr. Chair, staff's been working with that particular person. That property owner and
her legal counsel and the comments were more directed towards the street improvement project
which is not tied directly to this development. Certainly this development approval is contingent
upon that project proceeding. They will have an opportunity to comment and bring their
concerns to the City Council when the public hearing is held for that particular street
improvement project.
McDonald: Okay, so be it. At that point the public meeting is closed and I bring the issue back
before the commissioners for discussion. Mark, start with you.
Undestad: I really don't have a lot to add here. I mean I think they've resolved the issues on
there. I think the remaining issue of the electric fence, it's the Arboretum's fence. It's on their
side. It's not on the property line. I think putting your signage down there is probably going to
do as much as the developer should probably have to do on there. I think they've covered
everything. I'm alright with it.
McDonald: Okay.
Keefe: I'm fine with it.
McDonald: Okay.
Thomas: I'm fine with it as well.
Papke: Nothing to add.
McDonald: In that case then I think everything's been said that I could possibly say. I have no
problems with it either. At that I'm open to a motion.
Undestad: Alright, I'll recommend the Planning Commission adopt's 3 motions here. The
Chanhassen Planning Commission recommends that the City Council approve Comprehensive
Land Use Map Amendment Residential Large Lot to Residential Low Density Lots 1 through 3,
Block 3 of the preliminary plat of the Arbors contingent on Metropolitan Council review. B, the
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Planning Commission Meeting - January 16, 2007
Planning Commission recommends the City Council approve rezoning from RR, Rural
Residential to RSF, Single Family Residential for the land within the plat of the Arbors, subject
to the final plat approval for the Arbors. And C, the Chanhassen Planning Commission
recommends that the City Council approve preliminary plat for the Arbors creating 22 lots, 3
outlots and public right-of-way, plans prepared by Otto Associates dated October 31, 2006,
subject to conditions 1 through 9.
McDonald: Okay.
Thomas: Second.
McDonald: Before I do that, you also want to roll in their latest recommendations on the orange
sheet too don't you?
Undestad: I think she's got them on 8 and 9.
McDonald: That's 8, okay. Then second?
Thomas: Second.
Undestad moved, Thomas seconded that the Planning Commission recommends that the
City Council approve
Comprehensive Land Use Map Amendment from Residential-Large Lot to
Residential-Low Density for Lots 1 through 3, Block 3, of the preliminary plat of The Arbors
contingent on Metropolitan Council review.All voted in favor and the motion carried unanimously
with a vote of 5 to 0.
Undestad moved, Thomas seconded that thePlanning Commission recommends that the
City Council approve
the Rezoning from RR, Rural Residential, to RSF, Single Family
Residential for the land within the plat of The Arbors subject to final plat approval for The Arbors.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Undestad moved, Thomas seconded that thePlanning Commission recommends that the
City Council approve the preliminary plat for the Arbors creating
22 lots, 3 outlots and
, plans prepared by Otto Associates, dated October 31, 2006, subject to
public right-of-way
the following conditions:
1.The house designs, locations and driveway configurations for Lots 1 and 2, Block 1, must be
revised to maintain the required wetland setback.
2.Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a
condition of approval for The Arbors. The park fees shall be collected in full at the rate in force
upon final plat submission and approval.
3.Fire Marshal’s Conditions:
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Planning Commission Meeting - January 16, 2007
a.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.
b.Fire apparatus access roads and water supply 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.
c.Temporary street signs shall be installed at street intersections once construction of the
new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section
501.4.
d.Fire apparatus access roads 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 State Fire Code Section 503.2.3.
e.Submit proposed cul-de-sac name to Chanhassen Building Official and Chanhassen Fire
Marshal for review and approval.
f.No burning permits shall be issued for trees to be removed. Trees and shrubs must either
be removed from site or chipped.
4.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.Existing wells and on-site sewage treatment systems on the site must be abandoned in
accordance with State Law and City Code.
d.The developer must submit a list of proposed street names for review and approval prior
to final plat of the property.
e.Retaining walls more than four feet high must be designed by a professional engineer and
a building permit must be obtained prior to construction.
f.Separate sewer and water services must be provided each lot.
5.City Forester’s Conditions:
a.Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction. Fencing shall be in place and maintained until all construction is
completed.
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Planning Commission Meeting - January 16, 2007
b.Any trees removed in excess of proposed tree preservation plans, dated 10/31/06, will be
replaced at a ratio of 2:1 diameter inches.
c.A minimum of two trees shall be planted on each lot.
d.Tree conservation easements on Lots 5, 8, and 9, Block 1 shall be enlarged beyond what
is shown on plans dated 10/31/06.
e.Tree conservation easements shall be located on Lots 1-3, 5, 8-9, Block 1.
f.The applicant shall replace Colorado spruce shown on landscape plan with concolor fir or
Norway spruce.
6.City Engineer’s Conditions:
a.In order to meet the 10% maximum allowable driveway grade on Lots 1 through 3, Block
1, the builder may have to put steps in the garage to accommodate the grade change.
b.The dead pool volume of the pond needs to be increased by 360 cubic feet to meet the
MPCA Phase II requirements.
c.The proposed 1036 foot contour on Lots 12 and 14, Block 1 must be shifted so that the
backyard grade is minimum 2%.
d.The proposed major contours must be a different line weight or type.
e.Based on the grading plan, the home on Lot 5, Block 1 will be a walkout, not a full
basement.
f.The top and bottom of wall elevations of the wall must be shown on the grading plan.
g.Preliminary plat approval shall be contingent upon the approval and construction of
Project 06-06.
h.Watermain must be minimum 18 inches above or below the sanitary sewer.
i.Access for Lots 2 and 3, Block 3 will be addressed and constructed when those lots are
final platted.
j.An encroachment agreement is required for the gravel drive and turnaround within the
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Dogwood Road right of way south of West 78 Street.
7.Water Resources Coordinator’s Conditions:
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Planning Commission Meeting - January 16, 2007
a.The applicant shall classify Wetland 2 using the results from the Minnesota Routine
Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0). An
electronic version of the completed MnRAM evaluation shall be submitted to and
approved by the city to establish the classification of Wetland 2 so the appropriate
wetland buffer and setback requirements can be determined.
b.A wetland buffer 50 in width and a 50 foot setback from the wetland buffer must be
maintained around Wetland 1. Wetland buffer areas shall be preserved, surveyed and
staked in accordance with the City’s wetland ordinance. The applicant must install
wetland buffer edge signs, under the direction of City staff, before construction begins
and must pay the City $20 per sign. Wetland buffer and setback requirements for
Wetland 2 are contingent upon review and approval of the MnRAM for that wetland.
c.The proposed driveways and structures on Lots 1 and 2, Block 1 appear to be within the
wetland setback for Wetland 2. The applicant shall submit house plans that will meet the
required setbacks on Lots 1 and 2, Block 1.
d.The proposed conservation easement shall be revised to envelop Wetland 2 and the
required wetland buffer.
e.A NPDES Phase II Construction Site Storm Water Permit will be required from the
Minnesota Pollution Control Agency (MPCA) for this site. A Storm Water Pollution
Prevention Plan (SWPPP) will be required in conjunction with this application. The
SWPPP shall be provided to the City so it can be reviewed by the Carver Soil and Water
Conservation District prior to the preconstruction meeting for the project.
f.The proposed storm water pond shall be constructed prior to disturbing upgradient areas
and used as a temporary sediment basin during mass grading. Diversion berms/ditches
may be needed to divert water to the pond and a temporary pond outlet shall be provided.
The outlet could be a temporary perforated standpipe and rock cone. The plans shall be
revised to include a detail for the temporary pond outlet.
g.It shall be noted on the SWPPP that all areas that will not be permanently stabilized
within the timeframe required by the NPDES permit shall be temporary mulched and
seeded. A note shall be included in the dewatering section of the SWPPP that states: “If
construction of the proposed temporary/permanent sediment pond is not completed prior
to dewatering, the City’s on-site construction observer must approve proposed
dewatering methods prior to beginning dewatering.”
h.The plans shall be revised to incorporate Chanhassen’s standard details for erosion and
sediment control, including 5302A and 5302D. Proposed erosion and sediment controls
for individual lots shall include perimeter controls (silt fence), rock driveways, street
sweeping, inlet control and temporary mulch after final grade and prior to issuing the
Certificate of Occupancy.
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Planning Commission Meeting - January 16, 2007
i.The applicant shall provide erosion and sediment control along the south and east
property lines to prevent discharge of sediment onto adjacent properties.
j.All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50
-75 feet. This shall be noted on the plans and discussed at the preconstruction meeting.
k.Energy dissipation shall be provided at the inlet to the proposed pond and at the end of
the discharge pipe that outlets to the wetland within 24 hours of pipe installation. The
discharge location for the outlet of the proposed pond shall be evaluated to ensure that
the proposed discharge will not cause erosion issues. Reinforced erosion control matting
may be required.
l.A stable emergency overflow (EOF) for the stormwater pond shall be provided. The
EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a
permanent erosion control blanket). A typical detail shall be included in the plan. The
overland route from the EOF to Lake Minnewashta shall be shown on the plans and shall
be encumbered by a drainage and utility easement.
m.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
n.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.
o.Inlet protection may be needed prior to installation of the castings for the curbside catch
basins. In that case, all storm sewer inlets shall be protected by at least fabric draped
over the manhole with a steel plate holding the fabric in place.
p.The plans shall be revised to show a rock construction entrance (minimum 75 feet in
length) wherever construction traffic will access the site. The rock construction entrance
shall be constructed in accordance with Chanhassen’s Standard Detail 5301. Street
cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed.
q.At this time, the estimated total SWMP fee, due payable to the City at the time of final
plat recording, is $74,570.50.
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Planning Commission Meeting - January 16, 2007
r.The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources
(for dewatering)) and comply with their conditions of approval.
8. The developer shall provide in both their sales material and within the association
covenants full disclosure about the Minnesota Landscape Arboretum location, use of
electric fence, research operations, and agricultural operations including the spraying
of trees.
9. The developer shall install signage on Lots 4 and 5, Block 2, and Outlots B and C
warning of the electrical fence on the Minnesota Landscape Arboretum property.
”
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
APPROVAL OF MINUTES:
Commissioner Undestad noted the verbatim and summary
minutes of the Planning Commission meeting dated January 2, 2007 as presented.
Chairman McDonald adjourned the Planning Commission meeting at 7:18 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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