CC Minutes 1-22-07City Council Meeting - January 22, 2007
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.”
10. The Dogwood Road roadway width shall be determined with the Final Plat.
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
FOX HILL, 6570 CHANHASSEN ROAD, APPLICANT, 10 SPRING HOMES, INC.:
REQUEST FOR SUBDIVISION OF PROPERTY INTO THREE (3) SINGLE FAMILY
LOTS WITH VARIANCES.
Public Present:
Name Address
Sheryl Deppa 4920 Sparrow Road, Minnetonka
Charles R. & Mary Klingelhutz 6570 Chanhassen Road
nd
Scott Rosenlund 622 West 82 Street, Chaska
Kate Aanenson: Thank you Mayor, members of the council. This is a little less complex
subdivision in the fact that it's 3 lots, although there's two actions required. One is a variance for
a private street…and the subdivision itself. The subject site is located on 101, just south of Fox
Hollow Drive. The council recently approved a subdivision…6 lots so this is, there's an existing
home on the property right now. The same applicant is doing both projects. And just again to
pass onto you the zoning in the area. The surrounding property actually is a PUD. The most
recent Fox Den was given an RSF which does traditional single family lots so, as did this subject
site. I just want to point that out because some of these lots actually behind are actually a little
bit smaller in the PUD… Again, all of this area is guided low density, which all of the lots
considered to meet the standard. So with the existing home on the site the applicant has to
demonstrate that through the current ordinances you could get 3 lots, so this subdivision meets
city ordinances with a public street. Fox Court. In reviewing this the staff felt that an increased,
by putting a public street to handle those 3 lots, it increased the hard surface coverage and there
were significantly more trees loss and because the cul-de-sac, such a short cul-de-sac would not
provide access to…there might be a more efficient way to serve…this home currently has it's
driveway on 101…again not the best layout. So in working with the applicant, we did want to
make desired from the staff perspective, alternative… The one issue that was addressed at the
Planning Commission and the staff also addressed is…that large lot, basically an acre and a half.
As pointed out in the staff report, if you take some of the hard surface, that area that's common,
so the area that's common, driveway starts here. Again providing a back up here. The Planning
Commission challenged staff if this is the best way to subdivide…private street, and what we've
learned with a private street, it provides enough width and enough back up area so you're not
backing into someone's private driveway so this is the common portion of the driveway… That's
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City Council Meeting - January 22, 2007
the common part of the street, using the private drive. So this lot, taking out the hard surface
coverage is 18,000 square feet. This one is 19 and this one is 20 so again well in excess of the
15,000 minimum. The property is relatively flat so there's not going to be much grading required
on the lot…should preserve most of the trees. It does meet all the setbacks for the variance itself
will just be for the private drive. There was a request from some of the neighbors concerning the
extraction of additional right-of-way on 101. There's a written opinion from the city attorney…
regarding because it's on an officially mapped road that it's an appropriate extraction… The
developer is providing additional dedication to match what currently is in place. One of the
concerns was landscaping along the sight lines. That has been addressed. There's also a power
line there so we can't place taller trees there but they will be putting berming and that provides
the screening. Another issue was brought up was…and that also has been addressed. …similar
homes across the street so we're anticipating similar size on these lots. So with that, if you turn
to the conditions of approval which start on page 12. We are recommending approval of the
variance for the private street and then subject…and I'd be happy to answer any questions that
you'd have.
Mayor Furlong: Thank you. Questions for staff.
Councilman Litsey: I think I got most of mine answered and I appreciate it but I'm still
struggling just a little bit with private versus public road there. The only one that comes to mind
that might be a private road near there is off of Pleasant View. There's a dirt road. Is that right?
Kate Aanenson: Yep, you're right and that's, that has quite a few more homes. The current
ordinance only allows 4 homes off of a private drive.
Councilman Litsey: Okay.
Kate Aanenson: I'm not sure if that's unpaved.
Councilman Litsey: That's unpaved yeah.
Kate Aanenson: That's unpaved. Gosh, I'm not sure if it's 6. It's long. Much longer. It doesn't
provide that turn around so.
Councilman Litsey: Yeah, you've got…
Kate Aanenson: Yeah, and that's what the Planning Commission challenged…the staff on that
too. Why would you recommend a private street? We compared this one similar to the one that
was recently done on Minnewashta. Minnewashta Parkway. There was an existing older home
that was divided into 3 lots. The same sort of application here where you've got surrounding
homes adjacent to it. It's less intrusive as far as putting that wider street in and it also provides
that turn around so… There is a requirement for maintenance between the 3 property owners…
Mayor Furlong: Are there any questions? Councilwoman Tjornhom.
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City Council Meeting - January 22, 2007
Councilwoman Tjornhom: I don't have a question with the development at all. I have a question
regarding the widening of 101 and the trail. Can you give me a brief history? I was told at some
point you know that the trail will be there, it's not ever going to be taken away or you know. I'm
sorry, I probably opened up a can of worms I shouldn't be opening up.
Kate Aanenson: No, no. No, actually it was a question at the Planning Commission…which
they did talk about was 6 to 1 and especially, I think Commissioner McDonald approached it…
Near Mountain and they talked about the discussion and I'll let Todd…between the two counties.
Hennepin and Carver and then Chanhassen and Eden Prairie and trying to get a resolution of the
appropriate width and how…
Todd Gerhardt: Well 101 north of Highway 5 is you know a county road right now, and there
hasn't been a turn back agreement that has, where every government agency has agreed. I mean
you've got Eden Prairie. You've got Chanhassen, Hennepin County, Carver County so to come
to terms on a design for the road, 4 lanes, super 2, you know nobody could come to terms so with
that the trail moved ahead and the trail is approximately about a million dollars and you know it's
functioned in it's current capacity. Depending on trip generation in the future, but right now
there's no plans for discussions on turn back or reconstruction of the road so the trail will stay in
it's current alignment based on this development and I don't foresee anything in the near future of
a turn back.
Mayor Furlong: Okay, any other questions? Clarification on the access point for the private
drive. Is that going to be directly opposite of Fox Drive? It looks like it on the picture there. I
just wanted to confirm.
Kate Aanenson: Yeah, it's in a T.
Mayor Furlong: Okay, thank you. Any other questions? Is the applicant here this evening? Is
there any comments you'd like to make? You're welcome to come forward.
Scott Rosenlund: No, not unless…
Mayor Furlong: Okay, thank you. Any questions for the applicant? Follow up question I guess
with regard to the private drive, and maybe this is a question for the applicant. You showed on
there where the turn around would be. What's going to physically delineate between the private
drive and the driveway to that house? Is it going to be different materials or is it going to be a
single flowing asphalt?
Kate Aanenson: I think that's a good point that we should, because it could technically be
similar in width.
Mayor Furlong: It might visually be a continuous flow and even if the property goes around that.
Is there something.
Kate Aanenson: I think we could somehow mark it, stake it.
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City Council Meeting - January 22, 2007
Mayor Furlong: For both Lot, what is it 2 and 3.
Kate Aanenson: Correct. This part is the common.
Mayor Furlong: Right. Visually or through construction or something. Is that something that
you've considered doing sir?
Scott Rosenlund: Again my name is Scott Rosenlund. I'm with Ten Spring.
Mayor Furlong: Good evening.
Scott Rosenlund: Good evening. I don't think I've really thought exactly how to delineate
between the two…private road and the driveway. Maybe we could mark it with a yellow line.
Kate Aanenson: I think there should be something.
Mayor Furlong: It's been a problem that we've seen in the past with, even though neighbors may
buy the property with all good intentions and believed understandings sometimes, it's not their's
so. Maybe that's something you could work with staff on.
Scott Rosenlund: Exactly. When you brought it up my first thought was maybe we should have
delineation with maybe just a yellow marker. Maybe.
Kate Aanenson: It would get paved over. I think I agree, somehow we've got to…
Mayor Furlong: Something we don't have to decide here tonight but let's work on that.
Roger Knutson: And Mayor, in the documentation creating the private street, we'll also want to
make it very clear that they have, the neighbors have the right to make that back up movement
there so we don't have any, anyone getting surprised when they buy that lot that someone's
backing up and we don't have any fuss.
Mayor Furlong: Is that distance, the back up distance, what's the length of that? Or check on
that and make sure it's deep enough to handle a delivery truck.
Scott Rosenlund: That was one of the requirements of, in the planning stage to make sure we
actually had a diagram. I don't know if we have it here, but a certain sized truck, staff
recommended, the engineers have to fit that truck. A certain radius and it was all engineered.
Mayor Furlong: Okay. You're comfortable with that Kate?
Kate Aanenson: Yeah. Just a point of clarification. I agree with what the city attorney said that
we put it in a covenant… The variance is for the private street.
Roger Knutson: It doesn't matter. The variance I would think would be the appropriate place.
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City Council Meeting - January 22, 2007
Kate Aanenson: Okay.
Mayor Furlong: You're coming up with language Kate.
Kate Aanenson: Clarification on the, I would say clarification of the common driveway,
clarification of delineation.
Mayor Furlong: That's something that can be worked out I think. Mr. Knutson's comment might
need to be a condition of the variance.
Kate Aanenson: Right. The other one would be that the agreement, maintenance agreement
for…
Roger Knutson: The ownership of maintenance agreement would have to provide the right to
make that back up movement. That movement.
Mayor Furlong: Okay, thank you. Any other questions or comments? Discussion. Thoughts,
comments. Seems pretty straight forward.
Councilman Peterson: I think it is pretty straight forward.
Mayor Furlong: Okay. We're good to go? Alright. Motion begins on page 12 of the staff
report. 365 of the PDF file. Would somebody like to make the motion please, and then we'll
want to insert the recommended condition under the variance. Is that correct? The motion for
the variance. Just two motions?
Kate Aanenson: Yeah, I think the city attorney felt…subdivision portion…
Roger Knutson: Or the variance were tied together. Technically it's part of the variance.
Mayor Furlong: Okay, same motion for the preliminary plat. Are there two motions?
Kate Aanenson: Yes there are. One for the subdivision.
Roger Knutson: And one for the variance. You can combine them in one motion if you choose.
Mayor Furlong: Okay. Is there a motion?
Councilwoman Tjornhom: Mr. Mayor, I'll make the motion.
Mayor Furlong: Thank you.
Councilwoman Tjornhom: I make a motion that we approve the preliminary plat for Planning
Case 07-03 for Fox Hill Subdivision for 3 lots with variances to allow a private street as shown
on the plans dated received December 1, 2006, subject to the following conditions 1 through 35.
Okay, now where do I go from there?
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City Council Meeting - January 22, 2007
Mayor Furlong: I don't see the single motion in the packet.
Kate Aanenson: Yep, it'll be 35.
Mayor Furlong: And what's 34?
Kate Aanenson: 34 would be there'll be a delineation for the common portion of the property.
Mayor Furlong: The delineation, okay. Which is the private drive.
Kate Aanenson: Correct. And then 35 would be.
Roger Knutson: Documentation of the right to, the turning movement or the turn around.
Mayor Furlong: Documentation within the?
Roger Knutson: Within the documents creating the private street.
Mayor Furlong: Mr. Knutson reserves the right to revise and extend his remarks.
Roger Knutson: I don't know what form of document it will be. I assume it will be an easement.
Mayor Furlong: In the appropriate documentation. Alright. So that's 1 through 35. That's your
motion?
Councilwoman Tjornhom: Exactly. That's what I was going to say.
Mayor Furlong: I knew that. Is there a second?
Councilman Peterson: Second.
Mayor Furlong: Made and seconded. Any discussion?
Councilwoman Tjornhom moved, Councilman Peterson seconded that the City Council
approve the preliminary plat for Planning Case 07-03 for Fox Hill Subdivision for 3 lots
with variances to allow a private street as shown on the plans dated Received December 1,
2006, subject to the following conditions:
1.A minimum of two 2½-inch deciduous, overstory trees shall be required in the front yard of
each lot.
2.No more than one-third of the required trees may be from any one species.
3.Tree preservation fence shall be installed at the edge of the grading limits around all trees
proposed to be preserved prior to any grading.
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City Council Meeting - January 22, 2007
4.Any trees proposed for preservation that are lost due to grading and construction activities
will be replaced at a rate of 2:1 diameter inches.
5.The Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the City so it can
be reviewed by the Carver Soil and Water Conservation District.
6.The plans shall be revised to incorporate Chanhassen’s standard details for erosion and
sediment control, including 5300, 5301, 5302A and 5302D.
7.In order to ensure that the proposed infiltration area functions properly, the contractor shall
minimize the number of equipment trips across this part of the site. Additionally, the lightest
equipment appropriate for the job shall be used. Once the infiltration area is graded, the
easement area shall be fenced off so no further compaction occurs. The applicant may want
to consider planting native shrubs, grasses and wildflowers within the infiltration area instead
of sod to promote volume reduction through infiltration and evapotranspiration.
8.A stable emergency overflow (EOF) for the infiltration area shall be provided. The EOF
could consist of riprap and geotextile fabric or a turf re-enforcement mat (a permanent
erosion control blanket). A typical detail shall be included in the plan. 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.
9.The plans shall be revised to show a rock construction entrance (minimum 75 feet in length) off
Fox Hollow Drive. 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.
10.At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $8,450.
11.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 Site Permit), Minnesota Department of Natural Resources (for
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City Council Meeting - January 22, 2007
dewatering), Carver County, Minnesota Department of Transportation, Minnesota Department
of Health) and comply with their conditions of approval.
12.Full park fees in lieu of parkland dedication and/or trail construction shall be collected in full at
the rate in force upon final plat submission and approval.
13.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.Retaining walls more than four feet high must be designed by a professional engineer and
a building permit must be obtained prior to construction.
d.Separate sewer and water services must be provided to each lot.
e.Any existing wells and on-site sewage treatment systems on the site must be abandoned
in accordance with State Law and City Code.
14.Fire Marshal conditions:
a.Add an additional fire hydrant at the intersection of Fox Hollow Drive and Fox Hollow
Court.
b.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.
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 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.
e.No burning permits shall be issued for trees to be removed. Trees and shrubs must either
be removed from site or chipped.
15.All existing buildings, driveways and accessory structures must be removed before grading
commences.
16.Submit calculations of storm sewer and NURP showing that the development meets the
requirements of the City and the MPCA. Determine the new HWL for the existing pond and
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City Council Meeting - January 22, 2007
show it on the plan along with the NWL.
17.The swales on the eastern side of Lot 2, between Lots 2 and 3, and the swale west of Lot 3
must have a 2% minimum slope. Also, the swales in the northwest corner of the house of Lot
1, back yard of Lot 2, and side yard of Lot 3 should be moved away from the foundations of
the structures. Plantings shall be placed outside the swales to promote drainage. Add spot
elevations at the building corners of Lot 1.
18.A valley gutter shall be installed at the intersection of Fox Hollow Drive and the private
street to convey water through the intersection. Also, provide spot elevations on the curb to
ensure curb line has a minimum slope of 0.5%.
19.The proposed storm line connecting to the existing storm sewer shows a bend without a
structure. A structure will be required at all bends of storm sewer. Maintain 18 inches of
separation between the sanitary sewer and drain tile.
20.On the Grading, Drainage and Erosion Control Plan, show:
a)Private street and driveway grades shall not exceed 10%.
b)Ground (i.e. non-paved) surface grades shall not be less than 2%.
c)Emergency overflow locations and elevations must be shown on the plan.
d)Add bottom elevations to the retaining walls.
21.An easement is required from the appropriate property owner for any off-site grading.
22.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.
23.Building permits are required for all retaining walls four feet tall or higher and must be
designed by a Structural Engineer registered in the State of Minnesota.
24.All sanitary sewer, watermain and storm sewer within this site shall be publicly owned and
maintained.
25.The watermain extension from Fox Hollow Drive must be wet-tapped. Due to the alignment
of the watermain in Fox Hollow Drive, it appears that this connection cannot be done under
traffic. The sanitary sewer connection on Fox Hollow Drive connecting to an existing stub
shall also be completed under traffic.
26.Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water, and
storm sewer lines. The actual elevations of existing utilities shall be determined.
27.Install cleanout for the sewer service for Lot 2 due to length.
28.Each new lot is subject to the sanitary sewer and water hookup charges. The 2006 trunk
hookup charge is $1,669 for sanitary sewer and $4,485 for watermain. Sanitary sewer and
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City Council Meeting - January 22, 2007
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.
29.The utilities will need to be adjusted to allow a minimum of 10 feet horizontal separation
between the easement and the proposed utilities.
30.A 10-foot drainage and utility easement will be required for the front of Lots 2 and 3.
31.The private street entrance must connect to Fox Hollow drive at a 90-degree angle.
32.Lot 3, Block 1, must maintain a 20-foot side yard setback along the westerly property line.
33.The applicant shall file covenants concerning maintenance of the private street against all
benefiting properties as required in section 18-57 (p) 2 of the city code.
34.The applicant shall provide signs or other markings identifying the common areas of the
private street.”
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS:
Councilman Litsey: I have something. I don't know if it's best done under here or
communications. We had in our packet. It has to deal with the communications.
Todd Gerhardt: Correspondence.
Councilman Litsey: Or correspondence.
Mayor Furlong: Correspondence. Why don't you wait til we get there.
Councilman Litsey: That'd be fine.
Mayor Furlong: Any council presentations? If not then administrative presentations.
ADMINISTRATIVE PRESENTATIONS:
Todd Gerhardt: Nothing to add. Look forward to getting our goals established here later on.
Mayor Furlong: Thank you. Any questions for Mr. Gerhardt? None.
CORRESPONDENCE DISCUSSION.
Councilman Litsey: We had in our packet a communication from a Julie Odenbach about the
Dodge Charger and she was dissatisfied with the city's role in that. When I got it I didn't have a
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