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CAS-02_BURLWOOD & BURLWOOD 2ND ADDITION FILE 1 OF 2CITY OF CHMIMSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952 227.1400 Fax: 952.221.1404 Planning 8 Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us July 14, 2005 Mr. Mike Falk McDonald Construction 7601 145th Street Apple Valley, MN 55124 Re: Bufferyard landscaping for Burlwood Development Dear Mike, Pursuant to our conversations by phone and in person, I am writing to confirm your responsibility for the replacement of the bufferyard landscaping along Powers Blvd. and Lake Lucy Road for the Burlwood development. As you have indicated, the existing spruce trees will be removed and sections of wooden fencing and landscaping groupings will be installed along Powers Boulevard. The city is eager to see that the work is completed in a timely fashion and therefore is setting a deadline for the installation of the materials. All buffervard work must be completed by August 13, 2005. The city anticipates and appreciates your cooperation in this matter. If you have any questions regarding this issue, please contact me. Sin ly, Jill Sinclair Environmental Resources Specialist The City of Chanhassen • A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A geat place to live, work, and play. 6/22/05 Attn: Mike Faulk Mc Donald Construction 7601 145th Street Apple Valley Mn 55124 Revised Landscape Quote / Roadside Berm Landscaping Burlwood Development Chanhassen MN Plant Material: Celebration Maplc Blaekhills Spruce Whitespire Birch Japanese Tree Lilac Regent Servieebeny Broodmoor Juniper Dwf Winged Euonymus Emcrald Triumph Viburnum Ivory Halo Dogwood Belle Pointevine Rose Total Plant Material 4 3" 380.00 9 8' 310.00 4 12' 370.00 2 3" 290.00 10 #5 34.00 6 #5 32.00 5 #5 36.00 5 #5 36.00 6 #5 34.00 6 #2 24.00 Bed Prep and Plant Installation Landscape Edging Installed (Planting Beds Only) 320' Hardwood Mulch hustalled 40 cu yds Grading and Bobcat Time (Assuming existing trees are removed.) 16 hours Total Land9cape Quote s Quote does not include seeding berm area. Thank You David A. Olson 1520.00 2790.00 1480.00 580.00 340.00 192.00 180.00 180.00 204.00 144.00 7,610.00 3450.00 1232.00 2200.00 15,692.00 i a CITY OF CIIANIIASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax 952.227.1110 Building Inspections Phone: 952 227.1180 Fax: 952.221.1190 Engineering Phone: 952227.1160 Fax 952.227.1170 Finance Phone: 952 227,1140 Fax 952 2271110 Park & Recreation Phone: 952.227.1120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952227.1310 Senior Cerner Phone: 952227.1125 Fax: 952227.1110 Web She www o.chanhassennn.us May 3, 2005 Mike Falk McDonald Construction, Inc. 7601 145" Street West Apple Valley, MN 55124 Re: Burlwood Addition —Project No. 03-10 Dear Mr. Falk: With the snow now all melted for the season and road restrictions removed, the City expects work on this project to commence immediately. There are a number of items that were not completed prior to winter last year. The following items need to be addressed as soon as possible: 1. Complete site grading. No slopes greater than 3 to 1 or construct retaining walls per the project D.C. 2. Complete grading around stormceptor, boulevards, remove excess stock piles from site, berms and ditch along Powers Boulevard ( to steep ) and restore. 3. Complete pond grading per plan and restore. 4. Need approved plan from Engineer drainage problem (low area on Tree Top Lane). 5. Need approved plan from Engineer of drainage problem by stormceptor. 6. Need approved plan from Engineer of driveway to Martinka property. 7. Remove private drive in cul-de-sac and restore with black dirt and sod. 8. Sod Boulevards 9. Repair yard drainage problem 6740 Golden Court. 10. Build pond O.C.S. per plan. 11. Seed/Mulch and disc anchor all bare areas. 12. Upon completion of the above, arrange for a utility walk through inspection and complete all utility punch list items. The City is setting a deadline of May 31, 2005 for this work to be completed. If the work is not completed by this date, the City will hire a contractor to install the improvements in early June and bill the work to the project or draw on the standby letter of credit. In addition, no future building permits will be allowed until all of these items are completed and the outstanding development bills to the City are paid in full. I have attached a current list of the outstanding bills which total $12,341.60. I urge you to address this matter immediately. If you have any questions, please contact me at 952-227-1164. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding (rails, and beautiful parks. A l eat place to live, work, and play. a Sincerely, CITY OF CHANHASSEN �!� Matt Seam, P.E. Assistant City Engineer Attachment c: Paul Oehme, City Engineer/Dir. of Public Works Bill Bemeyi6 Engineering Technician TV Perry Ryan, Ryan Engineering Rich Ragatz, Epic Development Aaron Mylnek, Carver Soil & Water District Ted Anderson, HTPO Steve Torell, Building Official g:\=g*gjeas%udwoW\mc�W leaa2.dm Development Inspections 4/29/2005 The following is a list of development inspections billed and unpaid at this date: Mr. Scott Schmitt Mr. Scott Schmitt Ms. ni Mr. Mike Falk Burlwood 09/29/04 $ 5,567.50 Mr. Mike Falk Burlwood 10/21/04 $ 4,632.50 Mr. Mike Falk Burlwood 01/21/05 $ 1,763.75 Mr. Mike Falk Burlwood 04/21/05 $ 176.00 Mr. Scott Schmitt Mr. Scott Schmitt Ms. Cindy Weber Ms. Cindy Weber Mr. Phillip Baum Arboretum Shopping Ctr Arboretum Shopping Ctr -- Cimmaron Cimmaron 01/19/05 02/11/05 01/21/05 04/21/05 02/11105 $ 688.00 $ 344.00 $ -- 1,253:75 $ 220.00 $ 172.00 Mr. Dennis Griswold Arboretum Village 2nd G Site Erosion Contr Inso RAND TOTAL $ 19,661.00 Mr. Mike Falk Burlwood 08/30/04 $ 119.90 Mr. Mike Falk Burlwood 09/29/04 $ 41.80 Mr. Mike Falk Burlwood 11/09/04 $ 40.15 Ms. Cindy Weber Cimmaron 04/29/05 $ 247.50 Mr. Dan Herbst Lake Harrison 04/29/05 $ 192.50 Mr. Ron Scofield Paisley Park Storage Studio 04/29/05 $ 82.50 Mr. Tim McGuire John Henry Addition 04/29/05 $ 55.00 Mr. Todd Simning Pinehurst 04/29/05 $ 27.50 Ms. Krista Novack Liberty on Bluff Creek 04/29/05 $ 275.00 GRAND TOTAL $ 1,182.50 Page 1 Epic Development 3441 St. Paul Ave. Minnea olis, MN 55416-4342 phone 612-730-2814 612-920-3147 fax raoat7 rnn_rr.r_nm fro: Jill Sinclair City Of Chanhassen From: Pages: Rich Ragatz 1 (Including cover sheet) Company: Fes— 952-227-1110 Date: 5 / 23 /2005 Phone: 952-227-1130 ime: Subject: Buriwood Trees _ I I'm feeling frustrated that the trees which EPIC was expected to move on the Burlwbod property are now not meeting the City of Chanhassen's quality expectations. Those trees are in about the same shape as they were before moving them. They were originally planted too close together. They were suffering from needle cast and have not improved. They should have been graded as unhealthy and chopped down. Granted there are a few trees that may not survive. This seems unfair that EPIC should pay for transplanting them and now also replace them. Please call me or I'll call you to discuss this matter. Thanks, Rich Ragatz 612-730-2814 CITY OF CHONSEN February 2, 2005 7700 Market Boulevard PO Box 147 Bob McDonald, President Chanhassen, MN 55317 McDonald Construction, Inc. Administration 7601145' Street West Phone: 952227.1100 Apple Valley, MN 55124 Fax: 952 2271110 Building Inspections Re: Landscape buffer requirements for Burlwood subdivision Phone: 952.227.1180 Fax: 952.227.1190 Engineering Dear Mr. McDonald, Phone: 952227.1160 Fax: 952.227.1170 This letter is in regards to the landscape buffers planted along Powers Boulevard and Finance Lake Lucy Road. A number of trees were transplanted into the two areas last year Phone 952.227.1140 and their health and appearance are questionable. In order to address this issue in a Fax: 952.227.1110 timely manner come spring, I am bringing this issue to your attention now. Park 8 Recreation Phone: 952.227.1120 According to the requirements for the subdivision, 16 overstory trees, 24 understory Fax: 952.227.1110 trees and 40 shrubs are to be planted along Powers Boulevard. The spruce trees that Recreation Center were tree -spaded into that area do not satisfactorily meet the requirements. They are 2Pho a 52.227,1400ter unhealthy, unsightly and must be removed. Also in question are the ash trees that Phone: 952227.1400 Y. Y� Y Fax: 952.227.1404 were spaded in along Lake Lucy Road. They did not receive follow-up care after their planting and have not been protected during construction on Lot 1, Block 1 so Punning 8 Natural Resources that their health and viability are in question. Whether or not they will meet the q Phone: 952 227.1130 bufferyard requirements will be determined this spring after they leaf out. The Fax: 952.227.1110 required landscape buffer along Lake Lucy Road includes 4 overstory trees, 6 Public Works understory trees and 11 shrubs. The buffers along each road will need to meet the 1591 Park Road minimum requirements before any reductions or release of financial securities can Phone: 952.227.1300 occur. Fax 952.227.1310 Senior Center The city anticipates and appreciates your cooperation with this issue. If you have Phone: 952.227.1125 any questions or concerns, please contact me. Fax: 952.227.1110 Web Site rI1C �www.cichanhassennn.us Ji Sinclai Environmental Resources Specialist The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. ? CITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 12/3/04 Vac. #04-06 ATTENTION Carole Hoeft RE: Burlwood Easement Vacation E Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ _ COPIES DATE NO. DESCRIPTION 1 9/30/04 Certification of Resolution #2004-71 1 9/27/04 Vacation Resolution #2004-71 1 9/20/04 Warranty Deeds conveying the new parcels A, B, & C 1 12/1/04 Fully Executed Public Drainage & Utility Easement THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections E For Review & recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints REMARKS Here are the items to be recorded for the Burlwood easement vacation. If you have any questions, feel free to give me a call. Thanks. COPY TO: Dan Remer, Eng. Tech III Sharmeen AI-Jaff, Senior Planner SIGNED: Matt Sa , (452) 227-1164 If enclosures are not as noted, kindly notify us at once. City Council Summary June 14, 2004 • g. Walnut Grove 2°d Addition, Klingelhutz Development:* 1) Final Plan Approval 2) Approval of Plans & Specifications and Development Contract h. Highways of Bluff Creek, Plowshares Development: 1) Final Plat Approval 2) Approval of Plans & Specifications and Development Contract i. Stone Creek Town Offices, Eden Trace Corp/Stone Creek Office Group LLC: 1) Final Plat Approval 2) Approval of Plans & Specifications and Development Contract j. Countryside, Lundgren Bros. Construction: 1) Final Plat Approval 2) Approval of Plans & Specifications and Development Contract k. Burlwood 2nd Addition Final Plat Approval, McDonald Construction, Inc. Resolution #2004-38: Consider Modification of 2004 CIP for Stormwater Quality Improvements for the 2004 Residential Street Improvement Project 04-01 n. Resolution #2004-39: Approve Transfers to Close Capital Project Funds and Debt Service Funds. o. Resolution #200440: Approve Change Order No. 4 for City Hall Lower Level Remodel, Gen -Con Construction. *All voted in favor, except Mayor Furlong abstained on item g, and the motion carried unanimously 4 to 0. VISITOR PRESENTATIONS: Tom Devine, 7640 South Shore Drive representing the South Lotus Lake Association, stated he was not aware of the water treatment program unfolding in their neighborhood until Friday night, but the association had prepared to do a brief overview of the South Lotus Lake Association's concerns relative to the park/tennis court and boat landing areas. He's had conversations with the Carver County Sheriffs Office, specifically Jim Olson about what can be done with enforcement of parking at the boat ramp. He talked about the history involved with planning and construction of the boat ramp, park and neighborhood and the promises that were made at that time. He voiced his disappointment in learning of the water treatment plant only last Friday night from Mayor Furlong that there's a decision to build or do something there and the mechanics is really what's on the table right now without getting the neighborhood involved. The last issue was the political effort it took from the neighborhood to build the trail along Highway 101 and his hopes that there isn't a political backlash happening from that effort. Staff 2 Building Inspections EXECUTIVE SUMMARY �`4-C)2 1 K Fax 952 227,1190 The preliminary plat and lot area variances were reviewed and approved by the Engineering MEMORANDUM Phone: 952.227.1160 TO: Todd Gerhardt, City Manager Cppp l l l OF FROM: Sharmeen AI -Taff, Senior Planner CgANgASSEN Fax 952.227.1110 Park & Recreation DATE: June 14, 2004 7700 Market Boulevard Fax: 952.227.1110 The Planning Commission held a public hearing on March 16, 2004, to review the PO Boz 147 Chanhassen, MN 55317 SUBJ: Final Plat to Subdivide a 40,355 s ft. Lot into Three (3) Single- q' in eFamily proposed development. Fax: 952.227 1404 FamilyLots with Variances, Burlwood 2nd Addition Administration RECOMMENDATION 03-12 SUB/Planning Case 04-02 Phone: 952.227.11 DO Natural Resources Fax: 952227.1110 Staff recommends adoption of the motion approving the final plat as specified in Building Inspections EXECUTIVE SUMMARY Phone. 952.227 1180 Fax 952 227,1190 The preliminary plat and lot area variances were reviewed and approved by the Engineering City Council on January 26, 2004. Phone: 952.227.1160 Fax: 952227.1170 ACTION REQUIRED Finance Phone: 952.227.1140 City Council approval requires a majority of City Council present. Fax 952.227.1110 Park & Recreation PLANNING COMMISSION SUMMARY Prone. 952.2221120 Fax: 952.227.1110 The Planning Commission held a public hearing on March 16, 2004, to review the Recreation Center proposed development. The Planning Commission voted 5 to 0 to approve the 2310 Coulter Boulevard Phone: 952.227.1400 proposed development. Fax: 952.227 1404 RECOMMENDATION Planning & Natural Resources Staff recommends adoption of the motion approving the final plat as specified in the staff report dated June 14, 2004. Public Works 1591 Park Road ATTACHMENTS Phone: 952.227.1300 Fax: 952.227.1310 Staff Report Dated June 14, 2004. Senior Center Phone: 952.227.1125 gAplanxsaxbwlwood 2ndxezecutive summary-cim Fax: 952.227 1110 Web Site www.ciohanhassen.mn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. CITY OF CHANHASSEN STAFF REPORT PC DA#: CC DATE: June 14, 2004 REVIEW DEADLINE: July 16, 2004 CASE #: 03-12 SUB/Planning Case 04-02 BY: Al-Jaff PROPOSAL: Final Plat to Subdivide a 40,355 sq. ft. Lot into Three (3) Single -Family Lots with Variances, Burlwood 2°d Addition LOCATION: Lot 1, Block 2, Burlwood Addition. Southwest of the intersection of Lake Lucy Road and Powers Boulevard. APPLICANT: Richard Ragatz Larry and Kathy Kerber Epic Development, LLC. 6420 Powers Boulevard 3441 St. Paul Avenue Chanhassen, MN 55317 Minneapolis, MN 55416 (952) 474-4710 (612)730-2814 PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential Low Density (Net Density 1.2 — 4.0 units per acre) ACREAGE: 40,355 square feet DENSITY: 3.2 Units per Acre Gross/Net SUMMARY OF REQUEST: Subdivision of 0.926 acres into 3 single-family lots and lot area variances. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Burlwood 2nd Addition • • June l4, 2004 Page 2 BACKGROUND On January 26, 2004, the City Council approved Subdivision #03-12 for Burlwood 2nd Addition for 3 lots with lot area variances as shown on plans dated October 17, 2003, based upon adoption of the Findings of Facts in the staff report, and subject to the following conditions: I . Applicant shall revise the landscape plan to show a minimum of 43 trees to be planted. This condition still applies. 2. A minimum of two deciduous, overstory trees shall be required in the front yard of each lot. This condition still applies. 3. No more than one-third of the required trees may be from any one species. This condition still applies. 4. Tree preservation fence shall be installed at the edge of the grading limits around all trees proposed to be preserved prior to any grading. This condition still applies. 5. All transplanted evergreens must have a warranty for two growing seasons. This condition still applies. 6. A revised landscape plan must be submitted to the city before final approval. This condition has been amended to read "A revised landscape plan must be submitted to the city before recording the plat". 7. 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. This condition still applies. 8. Applicant shall plant a minimum of 16 overstory, 24 understory, and 40 shrubs along Powers Boulevard and 4 overstory, 6 understory and 11 shrubs along Lake Lucy Road. This condition still applies. 9. Fire Marshal conditions: Burlwood 2"d Addition • • June 14, 2004 Page 3 a. One fire hydrant will be required. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrant. This condition still applies. b. The new proposed street will be required to have a street name. Submit proposed name to Chanhassen Building Official and Fire Marshal for review and approval. This condition still applies. C. A 10 -foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and operated by firefighters (pursuant to Chanhassen City Ordinance #9-1). This condition still applies. d. No burning permits will be issued for tree/shrub disposal. Any trees removed must be removed or chipped on site. This condition still applies. 10. Show City Detail Plate Nos. 5300 and 5301. This condition has been met. 11. On the grading plan: a. Add a 75 -foot minimum rock construction entrance. This condition has been met. b. Revise the grading between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. This condition has been met. C. Extend the silt fence around the proposed berm along the east side of Lot 1 and Lot 2. This condition has been met. d. Add a benchmark to the plan. This condition has been met. Burlwood 2"d Addition • • June 14, 2004 Page 4 e. Show all existing and proposed easements. This condition has been met. f. Show the proposed contours for the berm along Powers Boulevard. This condition has been met. 12. All disturbed areas shall be resodded or reseeded within two weeks of grading completion. This condition still applies. 13. If fill is imported or exported, the applicant will need to supply the city with a haul route plan for approval. This condition still applies. 14. The property is subject to sanitary sewer and water hookup charges. The 2003 trunk utility hookup charges are $1,440 per unit for sanitary sewer and $1,876 per unit for water. The 2003 SAC charge is $1,275 per unit. These fees will increase in 2004 and will be collected prior to building permit issuance and are based on the numbers of SAC units for the new building addition. (The 2004 trunk utility hookup charges are $1,458 per unit for sanitary sewer and $2,814 per unit for water. The 2004 SAC charge is $1,350 per unit.) This condition has been revised to read "The property is subject to sanitary sewer and water hookup charges. The 2004 trunk utility hookup charges are $1,458 per unit for sanitary sewer and $2,814 per unit for water. The 2004 SAC charge is $1,425 per unit. These fees are based on the numbers of SAC units for the new building addition." 15. Relocate the existing storm sewer on the property to within a 20 -foot easement along the shared property line between Lot I and Lot 2. This condition has been met. 16. Show all existing and proposed easements on the preliminary plat. This condition has been met. 17. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. This condition still applies. Burlwood 2nd Addition • • June 14, 2004 Page 5 18. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. This condition still applies. 19. Prior to final platting, site drainage map and calculations will need to be submitted for staff review. The site drainage has to be designed for a 10 -year, 24-hour storm event. This condition has been met. 20. Building Official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. This condition still applies. b. Each lot must be provided with a separate sewer and water service. This condition still applies. C. Demolition permits must be obtained before demolishing any structures. This condition still applies. 21. The applicant will be required to remove the single-family home and the detached two - car garage prior to recording the final plat. This condition still applies. 22. The applicant shall pay park fees in lieu of land dedication or trail construction on two lots based on the fees in effect at the time of final plat approval. This condition still applies. 23. Final plat approval of Burlwood 2°d Addition shall be contingent upon the recording of Burlwood Addition." This condition has been revised to read "Final plat recording of Burlwood 2°d Addition shall be contingent upon the recording of Burlwood Addition." PROPOSAL/SUMMARY The applicant is requesting final plat approval to subdivide 40,355 square feet into 3 single family lots with lot area variances. The property is zoned RSF, Single Family Residential District. The Burlwood 2"d Addition • June 14, 2004 Page 6 site is located west of Powers Boulevard and approximately 500 feet south of Lake Lucy Road. The site contains a single family home and a detached garage. Access to the site is proposed off of Powers Boulevard via a residential street. All lots meet the minimum lot width and depth requirements of the zoning ordinance. The lot area is deficient. The ordinance requires a minimum lot area of 15,000 square feet. The proposed average lot size is 13,451 square feet. Each parcel can accommodate a 60' x 60' house pad. On January 26, 2004, the City Council approved the lot area variance attached to this subdivision. Staff is recommending approval of the subdivision with variances, with the conditions outlined in the staff report. FINAL PLAT The applicant is proposing to subdivide a 40,355 square foot site into 3 single-family lots. The density of the proposed subdivision is 3.2 units per acre. All three lots have an area of less than 15,000 square feet, with an average lot size of 13,451 square feet. The applicant is requesting a lot area variance. The City Council approved the lot area variance request at the same time of the preliminary plat review. All proposed lots meet the minimum width and depth requirements of the Zoning Ordinance. The lots are proposed to be served via a public street. Burlwood 2"d Addition • • June 14, 2004 Page 7 A single-family home and a detached garage are located on the property. The applicant intends to demolish the detached two -car garage and the single-family home prior to construction. The property line between proposed Lots 1 and 2 is located under the footprint of the garage, resulting in nonconformity. The applicant will be required to remove the garage prior to recording the final plat. Also, a two -car garage must be provided for the existing single-family home as required by the zoning ordinance or the single-family home should be demolished prior to the recording of the plat as well. Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance since the lot area variance has been approved. WETLANDS There are none. GRADING, DRAINAGE & EROSION CONTROL All public improvements have been incorporated into Burlwood 151 Addition (the first addition of this project). UTILITIES No public utility lines have been proposed with this project. The lots will be serviced with private sewer and water service stubs from the public utility lines that will be installed with the first addition. The sanitary sewer and water hookup charges will be applicable for each lot. The 2004 trunk utility hookup charges are $1,458 per unit for sanitary sewer and $2,814 per unit for water. The 2004 SAC charge is $1,425 per unit. These fees are based on the numbers of SAC units for the new building addition. Sanitary sewer and water hookup fees may be specially assessed against the parcel at the time of building permit issuance. STREETS No public street improvement is proposed. The site is proposed to be accessed via the new public street "Golden Glow Court" along the west side of the lots. PARKS This property lies within the neighborhood park service areas of both Curry Farms Park and Carver Beach Park. TRAE S Two segments of the City's Comprehensive Trail Plan are located near this property. The first is an on -street trail located along both the eastbound and westbound lanes of Lake Lucy Road. The second is an off-street 8 -foot wide bituminous trail located on the east side of Powers Boulevard. Burlwood 2"d Addition • June 14, 2004 Page 8 This is across the street from the subject plat. The best crossing location for pedestrians is at the intersection of Powers Boulevard and Lake Lucy Road. With these public services in place, the Park and Recreation Director is not recommending any additional public park or trail services be constructed as a part of this subdivision. In lieu of any public improvements, a park dedication charge of $5,600 will be applicable at the time of platting. TREE PRESERVATION/LANDSCAPING Revised tree preservation calculations for Burlwood First and Second Additions were submitted by the applicant. These calculations were for the entire site rather than each addition. The conditions of approval for the Second Addition will reflect the amended quantities. They are as follows: Total upland area (excluding wetlands) 5.27 ac. or 229,583 SF Baseline canopy coverage 35% or 80,941 SF Minimum canopy coverage allowed 30% or 68,875 SF Proposed tree preservation 13% or 30,142 SF The developer does not meet minimum canopy coverage required; therefore the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage (68,875 — 30,142) 38,733 SF Multiplier x 1.2 Total replacement 46,480 SF Total number of trees to be planted 43 trees (46,480 =1089) The total number of trees required for the development is 43. The applicant has proposed a total of 56 trees. All replacements must meet minimum size requirements. No more than one-third of the trees may be from any one species. The applicant is proposing 44 transplanted evergreens and 12 deciduous trees for reforestation on site. Taking the ordinance requirements into consideration, only 14 of the evergreens can count towards reforestation. The other 29 trees, of the 43 required, must be species other than spruce. Therefore, the applicant must increase the number of deciduous trees, specified in the landscaping plan as ash, linden, oak, maple or honeylocust, to 29. The subdivision is also required to have buffer yard plantings along Powers Boulevard and Lake Lucy Road. Requirements are as follows: Burlwood2ndAddition • • June 14, 2004 Page 9 Location Required Proposed Powers Blvd. — buffer 16 overstory trees 19 overstory yard B — 20' width 24 understory trees 42 understory 800' length 40 shrubs 0 shrubs Lake Lucy Road 4 overstory trees 4 overstory Buffer yard B — 15' 6 understory trees 3 understory width 11 shrubs 0 shrubs 180' length The applicant must increase buffer yard plantings to meet minimum ordinance requirements. The applicant has proposed a 4 -foot berm along Powers Boulevard on top of which would be placed transplanted evergreens. The berm starts at the base of the 19 existing deciduous trees. Tree protection fencing must be installed around those trees before grading commences. Ordinance BLOCK Lot 1 Comer lot Lot 2 COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Area 15,000 13,527 13,182 Lot Width 90' 97' 95' Lot Home Depth Setback 125' 30' front/rear 10'sides 0 138.5' Lot 3 13,646 98' 148.5' A lot area variance was approved by the City Council on January 26, 2004. SUBDIVISION - FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; 30'/30' 10' 30'/30' 10' 30'/30' 10' Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance. On January 26, 2004, the City Council approved a lot area variance for this subdivision. 2. The proposed subdivision is consistent with all applicable city, county and regional plans, including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. Burlwood 2"d Addition • • June 14, 2004 Page 10 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Findin : The proposed subdivision will have access to public utilities and streets. RECOMMENDATION Staff recommends the City Council adopt the following motions: FINAL PLAT "The City Council approves final plat Subdivision #03-12 for Burlwood 2°d Addition for 3 lots with lot area variances as shown on the final plat received May 13, 2004, based upon findings in the staff report and subject to the following conditions: Burlwood 2" d Addition • • June 14, 2004 Page 11 1. Applicant shall revise the landscape plan to show a minimum of 43 trees to be planted. 2. A minimum of two deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits around all trees proposed to be preserved prior to any grading. 5. All transplanted evergreens must have a warranty for two growing seasons. 6. A revised landscape plan must be submitted to the city before recording the plat. 7. 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. 8. Applicant shall plant a minimum of 16 overstory, 24 understory, and 40 shrubs along Powers Boulevard and 4 overstory, 6 understory and 11 shrubs along Lake Lucy Road. 9. Fire Marshal conditions: a. One fire hydrant will be required. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrant. b. The new proposed street will be required to have a street name. Submit proposed name to Chanhassen Building Official and Fire Marshal for review and approval. c. A 10 -foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and operated by firefighters (pursuant to Chanhassen City Ordinance #9-1). d. No burning permits will be issued for tree/shrub disposal. Any trees removed must be removed or chipped on site. 10. All disturbed areas shall be resodded or reseeded within two weeks of grading completion. 11. If fill is imported or exported, the applicant will need to supply the city with a haul route plan for approval. 12. The property is subject to sanitary sewer and water hookup charges. The 2004 trunk utility hookup charges are $1,458 per unit for sanitary sewer and $2,814 per unit for water. The 2004 SAC charge is $1,425 per unit. These fees are based on the numbers of SAC units for the new building addition. Burlwood 2" d Addition June 14, 2004 Page 12 13. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 14. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 15. Building Official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. c. Demolition permits must be obtained before demolishing any structures. 16. The applicant will be required to remove the single-family home and the detached two - car garage prior to recording the final plat. 17. The applicant shall pay park fees in lieu of land dedication or trail construction on two lots based on the fees in effect at the time of final plat approval. 18. Final plat recording of Burlwood 2°d Addition shall be contingent upon the recording of Burlwood Addition. 19. The applicant shall pay an administration fee of $6,135.00." ATTACHMENTS 1. Breakdown of Administration Fees dated 6/2/04. 2. Final Plat dated "Received May 13, 2004". gAplatiVaUrlwood 2nfturlwood final plat mdm a 11 CITY OF CHANHASSEN BURLWOOD 2ND ADDITION LUR NO. 03-21 BREAKDOWN OF ADMINISTRATION FEES - 6/2/04 Based on $0 of Estimated Public Improvements 3% of Public Improvement Costs (up to $500,000) $ Final Plat Process (Attorney Fee for Review and Recording of $ 450.00 Plat and Development Contract) Recording Fees b. Plat Filing $ 30.00 Park Fees 2 Lots @ $2,800/lot $ 5,600.00 Surface Water Management Fee $ - GIS Fee ($25/plat and $10/parcel) $ 55.00 TOTAL ADMINISTRATION FEES $ 6,135 Burlwood 2nd FEE.As John W Saam, Matt From: AI-Jaff, Sharmeen Sent: Wednesday, June 02, 2004 9:02 AM To: Saam, Matt Subject: Preliminary Plat Letter of Approval February 3, 2004 Mr. Richard Ragatz Epic Development, LLC. 3441 St. Paul Avenue Minneapolis, MN 55416 Re: Subdivision No. 2003-12 Dear Mr. Ragatz: Page 1 of 3 This letter is to formally notify you that on January 26, 2004, the City Council approved Subdivision #03-12 for Burlwood 2nd Addition for 3 lots with lot area variances as shown on plans dated October 17, 2003, based upon adoption of the Findings of Facts in the staff report, and subject to the following conditions: 1. Applicant shall revise the landscape plan to show a minimum of 43 trees to be planted. 2. A minimum of two deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits around all trees proposed to be preserved prior to any grading. 5. All transplanted evergreens must have a warranty for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. 7. 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. 8. Applicant shall plant a minimum of 16 overstory, 24 understory, and 40 shrubs along Powers Boulevard and 4 overstory, 6 understory and 11 shrubs along Lake Lucy Road. 9. Fire Marshal conditions: a. One fire hydrant will be required. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrant. b. The new proposed street will be required to have a street name. Submit proposed name to Chanhassen 6/2/2004 John W Page 2 of 3 Building Official and Fire Marshal for review and approval. C. A 10 -foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and operated by firefighters (pursuant to Chanhassen City Ordinance #9-1). d. No burning permits will be issued for tree/shrub disposal. Any trees removed must be removed or chipped on site. 10. Show City Detail Plate Nos. 5300 and 5301,- po 11. , on the grading plan: a. Add a 75 -foot minimum rock construction entrance. b. Revise the grading between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. C. Extend the silt fence around the proposed berm along the east side of Lot 1 and Lot 2. d. Add a benchmark to the plan. e. Show all existing and proposed easements. I f. Show the proposed contours for the berm along Powers Boulevard. `R 1 All disturbed areas shall be resodded or reseeded within two weeks of grading completion. R#•`` Af fill is imported or exported, the applicant will need to supply the city with a haul route plan for approval. The prope * is subject to sanitary sewer and w �okup charges. The 200 trunk utility ho Q barges Qp,J i5 are $1,4� �r unit for sanitary sewer and $108611 dnit for water. The 200 AC charge is $1,% per unit. These fees are based on the numbers of SAC units for the new building addition. , 8 WKRelocate the existing storm sewer on the property to within a 20 -foot easement along the shared property line between Lot 1 and Lot 2. KA", Show all existing and proposed easements on the preliminary plat. p _1�Fnstallation of the private utilities for the site will require permits and inspections through the City's Building j Department. ,Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, �� " Department of Health, Watershed District, Carver County, etc. • 1� Prior to final platting, site drainage map and calculations will need to be submitted for staff review. The site drainage has to be designed for a 10 -year, 24-hour storm event. 20. Building Official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. C. Demolition permits must be obtained before demolishing any structures. 21. The applicant will be required to remove the single-family home and the detached two -car garage prior to recording the final plat. 6/2/2004 John W Page 3 of 3 22. The applicant shall pay park fees in lieu of land dedication or trail construction on two lots based on the fees t effect at the time of final plat approval. i 2 .nJ1 incl plat i:�"c lBurlwood 2nd Addition shall be contingent upon the recording of Burlwood Addition." Yoou/ must submit final plat documents at least three weeks before the City Council meeting in which you wish to be heard for final plat approval. Enclosed is a checklist of items needed for final plat consideration. If you have any questions, please call me at (952) 227-1134 or e-mail me at saliaff@ci.chanhassen.mmus Sincerely, Sharmeen Al-Jaff Senior Planner Attachment: Burlwood Development Contract Checklist c: Matt Saam, Project Engineer Steve Torell, Building Official Larry and Kathy Kerber, 6420 Powers Boulevard, Chanhassen, MN 55317 gAplan\sa\burlwood 2nd\preliminary plat letter of approval.doe 6/2/2004 L Administration February 3, 2004 CITY OF CHANHASSEN Mr' Richard Ragatz Epic Development, LLC. 7700 Markel Boulevard 3441 St. Paul Avenue PBox 147 Chanhassen, M55317 nneaN Minneapolis, MN 55416 P Administration Re: Subdivision No. 2003-12 Phone: 952.227.1100 Fax: 952.227.1110 Dear Mr. Ragatz: Building Inspections Phone: 952.227.1180 This letter is to formally notify you that on January 26, 2004, the City Council Fax: 952.221.1190 approved Subdivision #03-12 for Burlwood 2°d Addition for 3 lots with lot area Engineering variances as shown on plans dated October 17, 2003, based upon adoption of the Phone: 952.227.1160 Findings of Facts in the staff report, and subject to the following conditions: Fax: 952.227.1170 Finance 1. Applicant shall revise the landscape plan to show a minimum of 43 trees Phone: 952.227.1140 to be planted. Fax: 952227.1110 Park & Recreation 2. A minimum of two deciduous, overstory trees shall be required in the Phone: 952.227.1120 front yard of each lot. Fax: 952.227.1110 Recreation center 3. No more than one-third of the required trees may be from any one species. 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 4. Tree preservation fence shall be installed at the edge of the grading limits around all trees proposed to be preserved prior to any grading. Planning & Natural Resources Phone: 952.227.1130 5. All transplanted evergreens must have a warranty for two growing Fax 952227.1110 seasons. Public Works 1591 Park Road 6. A revised landscape plan must be submitted to the city before final Phone: 952.227.1300 approval. Fax 952.227.1310 Senior Center 7. Any trees proposed for preservation that are lost due to grading and Phone: 952.227.1125 construction activities will be replaced at a rate of 2:1 diameter inches. Fax 952.227.1110 Web Site 8. Applicant shall plant a minimum of 16 overstory, 24 understory, and 40 wn.ci.chanhassen.mn.us shrubs along Powers Boulevard and 4 overstory, 6 understory and 11 shrubs along Lake Lucy Road. 9. Fire Marshal conditions: a. One fire hydrant will be required. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrant. The City of Chanhassen • A growing community with clean lakes, quality schools, a chaning downtown, thriving businesses, winding hails, and beautiful parks. A great place to live, work, and play. Mr. Richard Ragatz February 3, 2004 Page 2 b. The new proposed street will be required to have a street name. Submit proposed name to Chanhassen Building Official and Fire Marshal for review and approval. C. A 10 -foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and operated by firefighters (pursuant to Chanhassen City Ordinance #9-1). d. No burning permits will be issued for tree/shrub disposal. Any trees removed must be removed or chipped on site. 10. Show City Detail Plate Nos. 5300 and 5301. 11. On the grading plan: a. Add a 75 -foot minimum rock construction entrance. b. Revise the grading between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. C. Extend the silt fence around the proposed berm along the east side of Lot 1 and Lot 2. d. Add a benchmark to the plan. e. Show all existing and proposed easements. I. Show the proposed contours for the berm along Powers Boulevard. 12. All disturbed areas shall be resodded or reseeded within two weeks of grading completion. 13. If fill is imported or exported, the applicant will need to supply the city with a haul route plan for approval. 14. The property is subject to sanitary sewer and water hookup charges. The 2003 trunk utility hookup charges are $1,440 per unit for sanitary sewer and $1,876 per unit for water. The 2003 SAC charge is $1,275 per unit. These fees will increase in 2004 and will be collected prior to building permit issuance and are based on the numbers of SAC units for the new building addition. (The 2004 trunk utility hookup charges are $1,458 per unit for sanitary sewer and $2,814 per unit for water. The 2004 SAC charge is $1,350 per unit.) 15. Relocate the existing storm sewer on the property to within a 20 -foot easement along the shared property line between Lot 1 and Lot 2. 16. Show all existing and proposed easements on the preliminary plat. 17. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. ' Mr. Richard Ragatz February 3, 2004 Page 3 18. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 19. Prior to final platting, site drainage map and calculations will need to be submitted for staff review. The site drainage has to be designed for a 10 - year, 24-hour storm event. 20. Building Official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. C. Demolition permits must be obtained before demolishing any structures. 21. The applicant will be required to remove the single-family home and the detached two -car garage prior to recording the final plat. 22. The applicant shall pay park fees in lieu of land dedication or trail construction on two lots based on the fees in effect at the time of final plat approval. 23. Final plat approval of Burlwood 2°d Addition shall be contingent upon the recording of Burlwood Addition." You must submit final plat documents at least three weeks before the City Council meeting in which you wish to be heard for final plat approval. Enclosed is a checklist of items needed for final plat consideration. If you have any questions, please call me at (952) 227-1134 or e-mail me at saliaff@ci.chanhassen.mn.us Sincerely, Sharmeen Al-Jaff Senior Planner Attachment: Burlwood Development Contract Checklist c: Matt Saam, Project Engineer Steve Torell, Building Official Larry and Kathy Kerber, 6420 Powers Boulevard, Chanhassen, MN 55317 .7rA\ pyeUmiWarl plo-4- le_4er df oda_1 g-1VLa W\B� Cf " 0 0 (54-07, City Council Summary — January 26, 2004 VISITOR PRESENTATIONS: Debbie Lloyd, 7302 Laredo Drive wanted to discuss the e-mail she sent to all City Council members regarding Burlwood 2nd Addition. She felt strongly that just because a prior council had made decisions regarding this property, that was not a reason to grant 3 variances to create sub -standard lots and asked that the council not grant variances on the lot size. Jerry Paulsen, 7305 Laredo Drive suggested that the council not approve these variances because you're setting a possible precedent by going with under sized lots. LAW ENFORCEMENWIRE DEPARTMENT UPDATE. Sergeant Jim Olson reviewed the Carver County Sheriff's office area report for December and year end, the sheriff's office citation list for December, crime alerts issued by Crime Prevention Specialist Beth Hoiseth, and Community Service Officer report. Councilman Lundquist asked Sergeant Olson to explain why the numbers were up this year from the previous year. Councilman Ayotte asked if Sergeant Olson had gotten any numbers on conviction rates. Todd Gerhardt asked Sergeant Olson to explain the city's winter parking and plowing policies. Councilman Ayotte asked how the sheriff's department is going to stay on top of things with the R&D activities in public safety. Mayor Furlong stated he would like to have the CSO reports included in the packet on a routine basis. Gregg Geske, the new Fire Chief introduced himself and presented the update from the Fire Department. PUBLIC HEARING: CONTINUATION OF PUBLIC HEARING ON MUNICIPAL CONSENT FOR NEW TH 212, PROTECT 03-09. Mayor Furlong continued the public hearing. Jim Sulerud, 730 Vogelsberg Trail stated his concerns were directed at MnDot regarding safety, in particular along Highway 101 south of Pioneer Trail. He then read an e-mail he sent today to Carol Molnau and copied to Lisa Freese from MnDot, Mayor Furlong as well as other folks he's been in touch with over the years regarding his opposition to the construction of new Highway 312. Lisa Freese responded to Mr. Sulerud's concerns from MnDot's perspective. During council comments, Councilman Ayotte thanked everybody for showing up and speaking tonight on the issue, and encouraged people to get involved in other city activities. Mayor Furlong also thanked the public for attending and sharing their interests and concerns in such items as the park and ride, the 101 gap project, funding, interchanges, traffic, and congestion. He commended staff and MnDot staff for working so well together and believes MnDot is being very responsive to questions and concerns in a timely manner. No action was needed for this item. AWARD OF BIDS, CITY HALL REMODELING PROTECT. Todd Hoffman reported on the bid opening on January 7d' for the remodeling project. Low bidder was GenCon Construction of Jordan, Minnesota in the amount of $194,900 with a voluntary deduct of $600 being offered by the contractor for a change in 5 44 0 0 oq -a Z City Council Summary — January 26, 2004 presentation casework. Councilman Lundquist asked for clarification on the funding source for this project. Resolution #2004-06: Councilman Peterson moved, Councilman Lundquist seconded that the City Council award the City Hall Lower Level Remodel Project to GenCon Construction in the amount of $194,300. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF AMENDMENTS TO CHAPTER 4 OF CITY CODE ENTITLED FEES: 1) INCREASING UTILITY RATES. 2) INCREASING LATERAL UTILITY CONNECTION & TRUNK UTILITY HOOKUP CHARGES. Bruce DeJong presented a power point presentation with a recommendation of adoption of this code amendment. Councilman Ayone asked staff to explain the reasoning behind the request for rate increases. Councilman Lundquist asked for clarification on the numbers being presented by staff. Mayor Furlong clarified that the City Council would be reviewing this issue in the future on an annual basis. Councilman Ayotte moved, Councilman Lundquist seconded that the City Council adopt amendments to Chapter 4 of the City Code, entitled Fees, increasing sewer and water rates and increasing lateral utility connection and trunk utility hookup charges as proposed by staff. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 1(D). ADDITION. EPIC DEVELOPMENT. Kate Aanenson reviewed the history of this site and presented the staff and Planning Commission recommendation. Councilman Peterson asked staff to verify that the immediate neighbors were in agreement with this variance request. Mayor Furlong asked staff to explain the issue of the half street brought up by Debbie Lloyd. Steve Lillehaug, a member of the Planning Commission stated that the Planning Commission didn't really discuss the PUD as an option and asked if staff could indicate why a PUD would be acceptable here. He also indicated that the Planning Commission recommended approval of this request, and he was the one member in opposition. His reason being that it is a small lot surrounded by 3 roads so he would have particular concerns with those lots. After council discussion the following motion was made. Councilman Labatt moved, Councilman Peterson seconded that the City Council approve Subdivision #03-12 for Burlwood 2°d Addition for 3 lots with lot area City Council Summary — January 26, 2004 • variances as shown on plans dated October 17, 2003, based upon adoption of the Findings of Facts in the staff report, and subject to the following conditions: 1. Applicant shall revise the landscape plan to show a minimum of 43 trees to be planted. 2. A minimum of two deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits around all trees proposed to be preserved prior to any grading. 5. All transplanted evergreens must have a warranty for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. 7. 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. 8. Applicant shall plant a minimum of 16 overstory, 24 understory, and 40 shrubs along Powers Boulevard and 4 overstory, 6 understory and 11 shrubs along Lake Lucy Road. 9. Fire Marshal conditions: a. One fire hydrant will be required. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrant. b. The new proposed street will be required to have a street name. Submit proposed name to Chanhassen Building Official and Fire Marshal for review and approval. C. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and operated by firefighters (pursuant to Chanhassen City Ordinance #9-1). d. No burning permits will be issued for tree/shrub disposal. Any trees removed must be removed or chipped on site. 10. Show City Detail Plat Nos. 5300 and 5301. 11. On the grading plan: a. Add a 75 foot minimum rock construct entrance. 7 City Council Summa •anuary 26, 2004 • b. Revise the grading between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. C. Extend the silt fence around the proposed berm along the east side of Lot 1 and Lot 2. d. Add a benchmark to the plan. e. Show all existing and proposed easements. f. Show the proposed contours for the berm along Powers Boulevard. 12. All disturbed areas shall be resodded or reseeded within two weeks of grading completion. 13. If fill is imported or exported, the applicant will need to supply the city with a haul route plan for approval. 14. The property is subject to sanitary sewer and water hookup charges. The 2003 trunk utility hookup charges are $1,440 per unit for sanitary sewer and $1,876 per unit for water. The 2003 SAC charge is $1,275 per unit. These fees will increase in 2004 and will be collected prior to building permit issuance and are based on the numbers of SAC units for the new building addition. 15. Relocate the existing storm sewer on the property to within a 20 foot easement along the shared property line between Lot 1 and Lot 2. 16. Show all existing and proposed easements on the preliminary plat. 17. Installation of the private utilities for the site will require .permits and inspections through the City's Building Department. 18. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 19. Prior to final platting, site drainage map and calculations will need to be submitted for staff review. The site drainage has to be designed for a 10 year, 24 hour storm event. 20. Building Official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. C. Demolition permits must be obtained before demolishing any structures. 21. The applicant will be required to remove the single family home and the detached two car garage prior to recording the final plat. City Council Summary — January 26, 2004 22. The applicant shall pay park fees in lieu of land dedication or trail construction on two lots based on the fees in effect at the time of final plat approval. 23. Final plat approval of Burlwood 2nd Addition shall be contingent upon the recording of Burlwood Addition. All voted in favor, except Councilman Lundquist who opposed, and the motion carried with a vote of 4 to 1. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt reminded the City Council of a strategic planning session next Tuesday at 5:30 p.m. Councilman Peterson asked about the number of openings on commissions. Todd Gerhardt introduced Paul Oehme, the new City Engineer/Public Works Director. CORRESPONDENCE DISCUSSION. Councilman Labatt asked Kate Aanenson to explain all the reports from the Soil and Water Conservation District. Councilman Labatt stated one of his pet peeves is the long duration until silt fences get removed. Kate Aanenson asked that anybody who sees silt fences in the ground, to e-mail their location so they can get them on a checklist. Councilman Peterson moved, Councilman Lundquist seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council was adjourned at 8:55 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim V 0 • 0 Gy --o2 City Council Meeting — January 26, 2004 Councilman Lundquist moved, Councilman Peterson seconded to approve the purchase of the pump for Lift Station No. 10, PW055J. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: Debbie Lloyd: Good evening. Debbie Lloyd, 7302 Laredo Drive. I sent the council and mayor an e-mail on Saturday regarding proposed 2nd Addition Burlwood. And I'm only speaking because there isn't an opportunity to address the council during the discussion. I missed out a couple of points and I want to make this a point of record. The Kerbers are really good people. I love their sweet corn and their tomatoes. We purchased them routinely. This is nothing personal, but I've been following city action for nearly 3 years and as you sit in a planning meeting and at city council you see the whole story being woven. I know that this has been a difficult issue that you're going to be going over tonight because the staff and a prior city council made some assumptions, or made some I should say approved some aspects of this subdivision. But I do not believe, and I strongly do not believe that's a reason to grant three variances tonight. The property can be subdivided into two lots, or you could grant a variance for a private street to serve those 2 lots, or you could create by code, there isn't code, a half street option with certain time limitations I believe. I don't believe that for financial reasons, even though the developer is willing to put in a full street, that is not a reason to create three sub -standard lots. These lots, two of them would have double frontage and one would have triple frontage. The landowner has known that these lots have been along Powers Boulevard ever since they owned the property. That's a fact. If you require a public street it's a fact that the developer needs to pay for that. In the report it said the applicant is requesting a variance to help pay for the expenses associated with these improvements. I believe you're setting a really dangerous precedent by really down sizing lots, not meeting code, in this case. Someone else can come to you and say you did it for them, why don't you do it for me. And I believe there are other situations in the city that will present themselves in time like this. I'm asking you not to grant variances on the lot size and to come up with another alternative. Thank you. Mayor Furlong: Thank you. Jerry Paulsen: Jerry Paulsen, 7305 Laredo Drive. If I'm permitted to make a comment on the same issue is what I'd like to do. Mayor Furlong: Certainly. Jerry Paulsen: Okay. The Planning Commission did approve this before it sent it to you but it was not a unanimous approval. There was dissention and to the point to take point with what Debbie Lloyd just said also here, I'd like to suggest that the council not approve these variances because you're setting a possible precedent by going with under sized lots. As much as 12 percent and greater under code and this may come back to haunt you in the future. Obviously the applicant would like to get 3 lots because it's more profitable, but I don't think he's going to lose money by any means if he has the QJ City Council Meeting — January 26, 2004 two lots so I'd like to suggest that you don't approve the three variances on lot size. Thank you. Mayor Furlong: Okay, thank you. We are in visitor presentation portion of our meeting so if anybody would like to address the council on this or any other matter, this would be the time. If not, seeing no one I'll go ahead and close visitor presentations and move on with our agenda. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Sgt. Jim Olson: Good evening on this snowy and slippery evening. I apologize, I intended to have one of our deputies here this evening to introduce but I didn't want to pull somebody off the road. It's been a busy day and also a busy night so we will have somebody here for next month. Included in your council packet I put down the sheriff's office area report and that will be the year end for 2003 that is attached with that. Also the citation list for the month of December. Copy of crime alerts that were put out by Crime Prevention Officer Beth Hoiseth. Community Service Officer report, and then I'll talk about a couple other things that I think are of interest to the council. Total calls for service for the month of December, 2003 were up by 134 from the previous year and last year the total calls for service for the year were 12,030 and that's up by 2,091 for the year, so quite a bit. I would attribute a lot of that to increased traffic and increased traffic details as well. The medical and fire calls for the month of December compared to the previous year were both up quite a bit for December, 2003. Property damage accidents were up quite a bit from 37 to 76, and we have some slippery days there that I would attribute that to. Injury accidents were up from 8 to 13. We had quite a few more snowmobile calls up this year. Last year I don't remember us having any snow which would attribute to that I think. They were up from 2 to 18 for the month of December. Both theft and damage to property were down for the month compared to last year and those are both good things. Our alarms were up from 72 to 95 and our suspicious activity calls were up from 71 to 100 for the month. I also had mentioned to the council that I was going to try to get felony updates and normal complaint updates to the City Council that are put out from the county attorney's office. We had 5 felony formal complaints that were done for,the month of December. 2 felony assaults, 2 felony thefts, and 1 felony DWI from the City of Chanhassen. We also had 7 gross misdemeanors that were not mentioned in the packet, and also 17 misdemeanors that would not have been mentioned in the packet. Any questions at all on the calls for service monthly service update that were received for the month. Mayor Furlong: Questions? Councilman Lundquist: Sergeant, as I was looking through your area report for the year, a couple of things that concern me. The criminal activity just the straight were showing, you guys know how much I like numbers, a 2'h percent increase year over year and even if you take out all the traffic details and those big increases on the non -criminal, we're still up, we're showing about an 8 percent increase year over year. And as you read all the papers and on all the news, I guess I would have expected those numbers going down M • • 0� -� 2 City Council Meeting — January 26, 2004 and water rates and increasing lateral utility connection and trunk utility hookup charges as proposed by staff. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 1(D). APPROVE REQUEST FOR PRELIMINARY PLAT TO REPLAT ONE ADDITION, EPIC DEVELOPMENT. Kate Aanenson: This is the subject site, Burlwood 2°d Addition. Recently, last year the City Council approved Burlwood 0 Addition. This property was left off in order to resolve access to the subject site as it's shown. The Planning Commission did hold a public hearing on this item on January &. They did on a 6 to 1 vote recommend approval. Staff has put conditions in the report. I guess I'll take some time to respond to the comments that were presented to the City Council. Kind of frame up this site a little bit more. There was a couple of driving issues you recall with the first addition. One is that the city a number of years ago with the Ravis subdivision envisioned a private street in that area and had recommended for dedication of the right-of-way. While that's not improved, listing the vacation or the construction of that and a public street. The other issue driving this was one of the connection and a possible T intersection of that street, Shenandoah. One of the questions that was raised was regarding the possibility of a PUD zone. When Mr. Ragatz, the applicant came in, since I've been Planning Director I've been very reluctant to use the PUD because it has been mis-used and as this project evolved, in hind sight it might have been the right application but we were quite a ways down the road. Typically a subdivision, you're doing in -fill development like this tends to be much more difficult. The design of the property itself on the two collector streets and the narrowness of it make it very difficult. Originally when this property we looked at Mr. Kerber and when it was assessed with extension of, it was anticipated that would have direct access onto Powers Boulevard, which is certainly not allowed currently by city ordinance. We don't allow direct access onto a collector street. Because of the narrowness of these lots, the only way to service that would have been the private drive which you approved. And then also we looked at the application of further subdivision of properties surrounding this project, so if you look at where the cul-de-sac sits, excluding the right-of-way which is typically what happens to a street, to my knowledge and I did check with Matt. We haven't done half streets. We've done streets to be extended in the future but to my knowledge we haven't built a half street. So in order to do this, typically the developer works to split the cost of a street. Most developers are obligated to provide that. Full street. Most developers are pretty reluctant to build a street when there's no payback on the other side. In this situation there was numerous, numerous negotiations between adjoining property owners to buy additional land. It was a very fluid discussion on all parties and I compliment Sharmeen and the applicant, Mr. Ragatz because there was a lot of hours put into this project. If we did billable on it, it wouldn't pencil out. It was just, it was very complex negotiations with the property owners. And to their deference, things moved along and again I'll just give a little bit more history on how we got to where we are today... Just to be clear, the lots that are shown blue hollow are possible future subdivisions. Again this is our subject site in the black. Our goal was to Ur City Council Meeting — January 26, 2004 ride, this was the right-of-way I showed you before, to actually provide this is a cul-de- sac. When that happens this private drive will go away and only serve this property. Our goal again was to limit the access points on Powers. So then this street becomes the public street. T'ing at Shenandoah. Again when this would be subdivided, whether it have access via a public street, and we do have double fronted lots and that previous slide I showed you on both sides of Powers where there's out frontage on Powers and then internal street, public street. Certainly the goal was to either buy additional property here. There were discussions that fell through and there was a lot of background which I'm not going to go through all the heavy negotiations and then the fact that the two property owners here were reluctant, and again that was very fluid discussions. One day it was in. One day it was out. So ultimately Mr. Ragatz wanted to pursue his subdivision that he felt he could get, and actually what he did come through with, and I know this gets even more complex. It's hard to see, the temporary cul-de-sac. If he had stopped here and put a temporary cul-de-sac, these two lots could get access. The reason being why it couldn't be a full cul-de-sac going all the way down is there's 3 homes that come off of a private easement. A public street cannot encumber a private easement unless there's approval. They were unwilling to give it so the cul-de-sac would have to stop at this point. Now we would have a private street, 3 homes accessing Powers off of a private drive. The Planning Commission said that's unacceptable so now we're back to the completion of this. When this came before the Planning Commission, this lot was left. These lots were left off because I again wasn't sure exactly what was going to happen. Mr. Ragatz, the applicant when he appeared before the Planning Commission did discuss the possibility of a variance. I advised the Planning Commission it wasn't on the application. Do not discuss it at this point. We'll evaluate if he comes back with that in the future and thus he did come back with the 3 lots. To do a PUD we'd have to rezone it. We were 6, 9 months down the road as far as that goes. It does meet the requirements of a PUD if you average all the lots in his development, it's just over 16,000 square feet so it would have met that criteria so the end would look the exact same if we were to do that. Again, the driving force that we had was eliminating the access points on Powers Boulevard and this ... to this public street and one we put before the 4 lots getting access via Lake Lucy. Could it be served with 2? Yes. Two lots can work. Again, if we were to pick up the road and put it where it was supposed to be, it would have picked up the exact square footage to make it work. Unfortunately, when we look at these kind of projects as assessable projects when a lot of these comes in, when there's property owners that don't work, the City Council evaluates those and decides if that's a project they want to do an assessment on. We had two unwilling property owners against one. We advised Mr. Ragatz that the council probably wouldn't approve it when it was 2 to 1. It would be in his best interest, as did the Planning Commission advise him, to work to his best ability, again which I give him credit for, to work with the property owners to see if he could make it work. Well to make it work made putting it all on his property. And that was never his intent to try to maximize, to undermine something like that. It's the only way he could make it work and I guess in evaluating that was the criteria that the staff used. That we were solving a problem out there that a previous council had set in motion, but the staff originally proposed, so we'll take some of the blame on that, to try to solve a problem with a very narrow piece. And there will be further subdivisions onto this so it does provide a public street for further subdivision, and again we think that's the 45 0 0 City Council Meeting — January 26, 2004 best way to look and resolve that, and it's a very narrow piece of property. Are there going to be a few more of these? Yes, but again we evaluate each one separately, and that's how we came up with the rationale for recommendation of approval. I think that's where the Planning Commission went too. Any questions on that? Mayor Furlong: Thank you. Probably. Questions for staff. Councilman Peterson: Kate, is it fair to say that right now, as this is presented, we don't have any of the neighbors that are against the variance? Kate Aanenson: The immediate neighbors, no. They worked very hard, very hard but the immediate neighbors are very pleased with the outcome. I mean there was, like I say, a lot of different iterations and this is what the neighbors all had agreed to. Councilman Peterson: So the immediate neighbors, does that infer that there are neighbors in the area that don't like it or? Kate Aanenson: I think there's maybe one person that still has concerns but it's down in this end and didn't want the connection, but as far as the people that are impacted by it, Mr. Christensen and Martinka and this woman. I can't remember her name off the top of my head. Rich Ragatz: Egyhazi. Kate Aanenson: There you go Councilman Peterson: Okay. Councilman Labatt: Kate, can you just point to the Martinka house real quick. Okay. Okay. Kate Aanenson: And both of these have future subdivision possibilities, so again what we're doing is providing a way for that to happen too. Councilman Peterson: Historically Kate, my memory is waning over the years but how often have we granted lot size variances of this magnitude? I don't think we do it very often but have, and I may be speaking out of tum. Kate Aanenson: No, again in hindsight, I think as this first approached, when Mr. Ragatz met with Sharmeen was to do a PUD. We originally had a lot of people that wanted to do townhouse projects on that and we tried very hard to stay with a traditional subdivision based on that little piece to the back and trying to make it appear like a regular neighborhood so we worked really hard with that. Because we did have a lot of requests to rezone it and we worked hard over the last couple years to steer from that. To say it's never going to happen. Again, could we have done a PUD? Yeah, but I think still we might not have solved the issues to the back side. 46 0 0 City Council Meeting — January 26, 2004 Councilman Peterson: Okay. That's it. Mayor Furlong: Other questions for staff? You had mentioned a little bit the half street option. Could you explain that? That was raised earlier this evening. What it is? Debbie Lloyd: It's in your code where you have half a street... Mayor Furlong: Do we know what that is? Kate Aanenson: To the best of my knowledge we've never built a half street. We've done a stub street. Debbie Lloyd: Minnewashta. 3 years ago I think Minnewashta I remember something. ...with a time, I don't know... Mayor Furlong: At this point, what is a half street? Councilman Peterson: I've never heard it before either. Kate Aanenson: I've never done one, I don't know. Councilman Peterson: So you must have called it something different than a half street because that's a new word for me today. Kate Aanenson: It wouldn't meet standards, I'm not sure. Mayor Furlong: Is it just half as wide? Matt Saam: I'm not sure either. Debbie Lloyd: No one has the code book here? Todd Gerhardt: Roger's reading it. Mayor Furlong: Okay. Let's move on. The PUD you mentioned. Essentially that could have been an option. That's an option for the applicant to pursue. Kate Aanenson: Correct. Mayor Furlong: So we might have ended up at the same place anyway? Kate Aanenson: Yeah, and again the applicant looks for the staff to steer him. We were down the road 6-9 months and you'd have to go back. Re -notice the rezoning request. I think there might have been some concern with the other property owners adjacent to, but we could have taken that approach. Again, we were quite a ways down the road on that. M 0 0 City Council Meeting — January 26, 2004 And we would have ended up with the same. Minimum lot size, you can go as small as 11,000 square feet in a PUD. These lots are in excess of that. 13 something but it would still average out over the 15,000 square foot minimum in a PUD. Mayor Furlong: Okay. And the completion of that Golden Glow Court, down to the existing right -0f --way and the properties to the south of there, that was a condition of the first addition, correct? Do we make that, the completion of that was a condition of the site plan for the fust addition? Kate Aanenson: Correct. Correct. Mayor Furlong: Okay. Sure. Steve Lillehaug: Mr. Mayor, council. Steve Ullehaug with the Planning Commission. If I could touch on a few points. First off, the Planning Commission did approve these variances and recommended to the council. What I'd like to indicate that we really didn't touch on discussing the possibility of a PUD, and what advantage that would have toward the city. I don't think a PUD would have had a good impact to the city to actually warrant a PUD in that area, so I'm not too sure. Maybe staff could indicate why a PUD would be acceptable here. Kate Aanenson: Sure. Normally when we look at a PUD, typically we use them if there's a natural feature, if you look at the intent statement, to do, where we're preserving natural features. If you recall the original, it's a pretty flat site. There's not a lot of trees. There's no slope. Typically where we do a PUD is where we're trying to preserve some of those natural features, and that's why you allow the flexibility in the lot sizes to accomplish that. I mean I guess it didn't occur to us as we got, the original negotiation was that it was still going to split the property line. It wasn't until the very end that things finally fell apart and so I guess, you know there wasn't any really natural features to save in that area. Mayor Furlong: Okay. Steve Lillehaug: So it might be a stretch to, actually be able to apply a PUD in this area. Mayor Furlong: Fair enough. Steve Lillehaug: In my mind. Then I would like to further indicate that again the Planning Commission did approve this. The majority of them did. I was the lone Planning Commissioner that didn't recommend it, and I would like to indicate why. You have 3 lots, and I'm reiterating what Debbie indicated. You have 3 lots here. The county road on the east side is a 50 miles an hour road. The one lot, the northerly lot is surrounded by a road on 3 sides. You're minimizing that lot size. I wouldn't want to own that lot and put a house there, and I don't think we would really subject future residents to do that also. That is a small lot with surrounded by 3 roads on one side, so I would have particular concerns with those lots. Thank you. M 0 0 City Council Meeting — January 26, 2004 Mayor Furlong: Okay. Roger Knutson: Mayor, I found the half street provision that was earlier referred to. Mayor Furlong: Thank you. Roger Knutson: A provision in the subdivision ordinance that says, generally half streets are prohibited. But what this says in mine is, if you have a situation where another piece of property is coming in to develop, if you require dedication of a half street now, if you know that in the near future the property next door will come in and you can get the other dedication. But you don't build a half street. That would serve no one so if you need that road for access now to serve these lots, the half street thing would not work. Mayor Furlong: Thank you. Any other questions for staff? If not, I'll bring it to council for discussion. Any discussion on this one? Councilman Lundquist: My thoughts are, I know that the applicant and staff have worked really hard. I'm still hung up on the 2 lots versus 3. I feel like my personal opinion is that the 3 lots is more of a financial burden ... the applicant, the developer to bear a financial burden. There's always reasons why the ordinances are there and clearly it states that the hardship and not being a financial burden so I still am hesitant to go ahead for 3. I'd like to, I'd be more comfortable seeing 2 lots there instead of 3, at which point we wouldn't I don't believe need the variance either. So those are my comments. Mayor Furlong: Alright, thank you. Other comments? Councilman Peterson: Mr. Mayor I think that I went from one end of the spectrum 3 or 4 times today, and I'm not quite sure still where I'm at so I'd be more interested to hear what others are saying in addition to what I'll say now but the primary rationale for me to make a decision on a variance is whether or not the neighbors in the area are for or against that. I'm weighing that against you know what's best for the city. And the people that are affected are the ones that have basically said that they're comfortable with it. And so now it's a matter of whether or not we should have 2 lots in there or 3, and boy, it's close to having the 15,000 foot. And if we would have had a PUD, if it would have been some more interesting geographical stuff in there, we would have had a PUD. We would have had a real small lots. So it seems like we went far enough down this path where it seems reasonable to grant them the 3 lots. To Mr. Lillehaug's comment about the third lot being too small. I think that's really up for the potential buyer of that lot. If they want a lot that's potentially cheaper to buy and purchase and build a house on, then and there aren't any issues outside of the ones mentioned, then I think he should be granted that opportunity. So I think based upon the fact that there are no neighbors against it, that it's not going to be a noticeable difference between the 15,000 square foot and the 13 that's currently being asked for, I think it's reasonable to grant them this request in this case. W 0 0 City Council Meeting — January 26, 2004 Mayor Furlong: Thank you. Other comments? Councilman Labatt: My only comment, I would agree with Mr. Peterson. I've always been one to go on the side of the property owner, as long as their request is reasonable. And here I see that this is a reasonable request. You're looking at less than 1,400 difference in one lot. 18 on another and another 1,354 on the third lot. I just, I don't see that as asking for the Golden Gate here, and no pun on the road. Golden Glow but I just, I think it's a reasonable request. Reasonable subdivision and not very often do we find that the adjoining neighbors are supportive of it, and in the case where they are supportive of it, and we have a Planning Commission that's voted 6-1 to approve it, I think that we should approve it also. Mayor Furlong: Thank you. Comments Councilman Ayotte. Councilman Ayotte: I've got nothing to say. Mayor Furlong: Today is January 26th. Thank you. This. Councilman Ayotte: On the other hand. Mayor Furlong: Okay. We've got til 11:00, go ahead This is a tough one and I think part of, at the same time fun in terms of being involved in these. We've got on the surface, if they're too small you can fit 2 in. That seems to be the clean one, and I guess that's where I was initially when this issue came up. You know what I'm trying to figure out is what's fair, just for all concerned and in what we're doing here and what I'm hearing is, it's the location of the road. Not the cost of the road but the location of the road that's causing the challenge. In most developments, in nearly all developments the developer pays for the road, so it's not the cost of the road that I'm seeing, hearing. It's the location of that road. By going forward now and by working with the plan that's been presented to us, we improve safety along Powers Boulevard and we create a long term solution for improved safety along Powers Boulevard by locating the road there, and I guess ultimately that's where I'm coming down. I think if the road were along the property line we wouldn't be discussing this. It's that location of the road that it's all on the property so ultimately that's where I'm seeing the public benefit here. I'm very concerned about setting a precedent and so you know I think with each of these we have to look at the specific facts and circumstances. I fully appreciate the, tell my wife I'll be home soon. I fully appreciate the comments made, both at the public hearing, tonight from Commissioner Lillehaug. You know very valid points and that's what makes it so difficult because they are very valid points but from my standpoint I guess I'm trying to look again as Councilman Labatt and Peterson mentioned, it's working out for the neighborhood and it's always difficult to get property owners to come together on anything. Here we've got a good, long term solution and so I think I can bend a little bit here because of the public safety and long term solution as well to try to get this done, so I can feel comfortable doing it for those reasons. Other comments or discussion on this? If there's no further discussion from the council, is there a motion? WA, 0 0 City Council Meeting — January 26, 2004 Councilman Labatt: I recommend we approve Subdivision #03-12 for Burlwood 2°d Addition for 3 lots with lot area variances as shown on plans dated October 17, 2003, subject to the following conditions, 1 through 23 in the staff report. And Roger, do we have to mention the Findings of Fact? Roger Knutson: Yes, that'd be included. I believe adoption of the Findings of Fact. Councilman Labatt: Adoption of the Findings of Fact in the staff report 1 through 6. Mayor Furlong: Thank you. Is there a second? Councilman Peterson: Second. Mayor Furlong: It's been made and seconded. Is there any discussion? Councilman Labatt moved, Councilman Peterson seconded that the City Council approve Subdivision #03-12 for Burlwood 2°d Addition for 3 lots with lot area variances as shown on plans dated October 17, 2003, based upon adoption of the Findings of Facts in the staff report, and subject to the following conditions: 1. Applicant shall revise the landscape plan to show a minimum of 43 trees to be planted. 2. A minimum of two deciduous, overstory trees shall he required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits around all trees proposed to be preserved prior to any grading. 5. All transplanted evergreens must have a warranty for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. 7. 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. 8. Applicant shall plant a minimum of 16 overstory, 24 understory, and 40 shrubs along Powers Boulevard and 4 overstory, 6 understory and 11 shrubs along Lake Lucy Road. 9. Fire Marshal conditions: a. One fire hydrant will be required. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrant. 51 0 0 City Council Meeting — January 26, 2004 b. The new proposed street will be required to have a street name. Submit proposed name to Chanhassen Building Official and Fire Marshal for review and approval. C. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and operated by firefighters (pursuant to Chanhassen City Ordinance #9-1). d. No burning permits will be issued for tree/shrub disposal. Any trees removed must be removed or chipped on site. 10. Show City Detail Plat Nos. 5300 and 5301. 11. On the grading plan: a. Add a 75 foot minimum rock construct entrance. b. Revise the grading between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. C. Extend the silt fence around the proposed berm along the east side of Lot 1 and Lot 2. d. Add a benchmark to the plan. e. Show all existing and proposed easements. L Show the proposed contours for the berm along Powers Boulevard. 12. All disturbed areas shall be resodded or reseeded within two weeks of grading completion. 13. If fill is imported or exported, the applicant will need to supply the city with a haul route plan for approval. 14. The property is subject to sanitary sewer and water hookup charges. The 2003 trunk utility hookup charges are $1,440 per unit for sanitary sewer and $1,876 per unit for water. The 2003 SAC charge is $1,275 per unit. These fees will increase in 2004 and will be collected prior to building permit issuance and are based on the numbers of SAC units for the new building addition. 15. Relocate the existing storm sewer on the property to within a 20 foot easement along the shared property line between Lot 1 and Lot 2. 16. Show all existing and proposed easements on the preliminary plat. 17. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 52 City Council Meeting — January 26, 2004 18. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPGA, Department of Health, Watershed District, Carver County, etc. 19. Prior to final platting, site drainage map and calculations will need to be submitted for staff review. The site drainage has to be designed for a 10 year, 24 hour storm event. 20. Building Official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. C. Demolition permits must be obtained before demolishing any structures. 21. The applicant will be required to remove the single family home and the detached two car garage prior to recording the final plat. 22. The applicant shall pay park fees in lieu of land dedication or trail construction on two lots based on the fees in effect at the time of final plat approval. 23. Final plat approval of Burlwood 2nd Addition shall be contingent upon the recording of Burlwood Addition. All voted in favor, except Councilman Lundquist who opposed, and the motion carried with a vote of 4 to 1. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: Todd Gerhardt: Just a reminder, strategic planning session next Monday, 5:30 in the courtyard conference room. Mayor Furlong: Monday or Tuesday? Todd Gerhardt: Tuesday, sorry. Mayor Furlong: And what time does that start? Todd Gerhardt: 5:30. Mayor Furlong: 5:30. Todd Gerhardt: So you'll get a packet this week, probably Thursday or Friday. 53 14 � MEMORANDUM CITY.OF TO: Todd Gerhardt, City Manager 7LuIauwuual FROM: Sharmeen Al-Jaff, Senior Planner 7700 Market Boulevard - The lot area is. deficient. The ordinance requires a minimum lot area of 15,000 square PC Box 147 feet. The proposed average lot size is 13,451 square feet. Each parcel can Chanhassen, MN 55317 DATE: January 26, 2004 Administration Phone: 952.227.1100 SUBJ: Executive Summary for Preliminary Plat to Subdivide a 40 355 s ft. �' azy Q• Fax 952227.1110 Lot into Three (3) Single -Family Lots with Variances, Burlwood 2nd Planning & Addition — Subdivision 2003-12/Planning Case 04-02 Building Inspeetloas City Council approval requires a majority vote of City Council present. Phone: 952227.1180 Fax: 952.227.1190 EXECUTIVE SUMMARY Engineering Phone: 9552227.1160 On January 6, 2004, the Planning Commission held a public hearing and recommended Fax: 952.227.1170 The applicant is proposing to subdivide 40,355 square feet into 3 single-family lots with variances. The property is zoned RSF, Single Family Residential District. The Finance contains a single family home and a garage. Access to the site is gained via a 5site Phone: 952.222.221.1140 Fax 952227.1110 proposed Public Street off of Powers Boulevard. Park A Recreation All lots meet the minimum lot width and depth requirements of the zoning ordinance. Phone: 952227.1120 Fax:952.227.1110 - The lot area is. deficient. The ordinance requires a minimum lot area of 15,000 square Recreation Center feet. The proposed average lot size is 13,451 square feet. Each parcel can 2310 Coulter Boulevard accommodate a 60' x 60' house pad as shown on Sheet P-3. Phone: 952.227.1400 Fax. 952.227.1404 ACTION REQUIRED Planning & Natural Resources City Council approval requires a majority vote of City Council present. Phone: 952.227.1130 Fax 952.227.1110 PLANNING COMMISSION SUMMARY Public Works 1591 Park Road On January 6, 2004, the Planning Commission held a public hearing and recommended Phone: 952.227.1300 Fax: 952.227.1310 approval of this application (see Item #la -Planning Commission minutes). Senior Center RECOMMENDATION Phone: 952.227.1125 Fax: 952.227.1110 Staff and the Planning Commission are recommending the City Council approve the Web SRe preliminary plat for subdivision 2003-12 with variances and conditions 1-23, noted in www.ci.clwhassen.mn.us the staff report. ATTACHMENTS 1. Staff report and Preliminary Plat. G:xPlan\SAlBurlwood 2nMurlwood 2nd summary.olm The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. 0 CITY OF CHANHASSEN A W �0 H CA STAFF REPORT PC DATE: January 6, 2004 CC DATE: January 26, 2004 REVIEW DEADLINE: February 14, 2004 CASE #: 03-12 SUB/Planning Case 04-02 BY: Al-Jaff PROPOSAL: Preliminary Plat to Subdivide a40,355 sq. ft. Lot into Three (3) Single -Family Lots with Variances, Burlwood 2nd Addition LOCATION: Lot 1, Block 2, Burlwood Addition. Southwest of the intersection of Lake Lucy Road and Powers Boulevard. APPLICANT: Richard Ragatz Larry and Kathy Kerber Epic Development, LLC. 6420 Powers Boulevard 3441 St. Paul Avenue Chanhassen, MN 55317 Minneapolis, MN 55416 (952) 474-4710 (612)730-2814 PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential Low Density (Net Density 1.2 — 4.0 units per acre) ACREAGE: 40,355 square feet DENSITY: 3.2 Units per Acre Gross/Net SUMMARY OF REQUEST: Subdivision of 0.926 acres into 3 single-family lots and lot area variances. Notice of this public hearing has been mailed to all property owners within 500 feet on December 26, 2003. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Lake-LucTRGad— EC Di JZ) Subject Site Burlwood 2nd Addition January 26, 2004 Page 2 BACKGROUND On December 8, 2003, the City Council approved final plat for Subdivision #03-12 for Burlwood Addition for 7 lots and two outlots with variances to allow a private street and a 50 foot right-of- way as shown on the plans received September 29, 2003, subject to conditions. PROPOSAUSUNIMARY The applicant is proposing to subdivide 40,355 square feet into 3 single family lots with lot area variances. The property is zoned RSF, Single Family Residential District. The site is located west of Powers Boulevard and approximately 500 feet south of Lake Lucy Road. The site contains a single family home and a detached garage. Access to the site is proposed off of Powers Boulevard via a residential street. All lots meet the minimum lot width and depth requirements of the zoning ordinance. The lot area is deficient. The ordinance requires a minimum lot area of 15,000 square feet. The proposed average lot size is 13,451 square feet. Each parcel can accommodate a 60' x 60' house pad as shown on Sheet P-3. Staff is recommending approval of the subdivision with variances, with the conditions outlined in the staff report. GAPIan\SA\Burlwood 2nd\Burlwood 2nd pmlim.dm Burlwood 2"d Addition January 26, 2004 Page 3 PRELIM] NARY PLAT The applicant is proposing to subdivide a 40,355 square foot site into 3 single family lots. The density of the proposed subdivision is 3.2 units per acre. All three lots have an area of less than 15,000 square feet, with an average lot size of 13,451 square feet. The applicant is requesting a lot area variance. All proposed lots meet the minimum width and depth requirements of the Zoning Ordinance. The lots are proposed to be served via a public street. A single family home and a detached garage are located on the property. In the attached narrative provided by the applicant, it is stated that the detached two car garage and the single family home should be demolished prior to construction. The property line between proposed Lots 1 and 2 is located under the footprint of the garage, resulting in nonconformity. The applicant will be required to remove the garage prior to recording the final plat. Also, a two car garage must be provided for the existing single family home as required by the zoning ordinance or the single family home should be demolished prior to the recording of the plat as well. Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance if the lot area variance is approved. WETLANDS There are none. GRADING. DRAINAGE & EROSION CONTROL The plans show three proposed lots. The grading plan proposes to grade approximately the whole site to develop three house pads and driveways. If importing or exporting materials for development of the site is necessary, the applicant will need to supply the City with a haul route for review and approval prior to the site grading commencing. The portion of the existing storm sewer line that goes through Lots 1 and 2 must be replaced and realigned over the shared property line between Lot 1 and Lot 2. A minimum 20 -foot wide public drainage and utility easement is required over the stone sewer. In addition, the grading plan needs to be revised between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. Erosion control measures and site restoration must be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends a rock construction entrance be used and shown on the plans. The silt fence must be extended around the proposed been along the east side of proposed Lots 1 and 2. In addition, tree preservation fencing should be denoted on the grading plan. 6APlan\SA\Burlwood 2nd\Bulwood 2nd prelimAm Buriwood 2"a Addition January 26, 2004 Page 4 UTILITIES No public utility lines have been proposed with this project. The lots will be serviced with private sewer and water service stubs from the public utility lines that will be installed with the first addition. The sanitary sewer and water hookup charges will be applicable for each lot. The 2003 trunk sanitary sewer hookup charge is $1,440 per unit and the trunk watermain hookup charge is $1,876 per unit. The 2003 SAC charge is $1,275 per unit. All of these charges are based on the number of SAC units assigned by the Met Council. Sanitary sewer and water hookup fees may be specially assessed against the parcel at the time of building permit issuance. STREETS No public street improvement is proposed. The site is proposed to be accessed via the new public street "Golden Glow Court" along the west side of the lots. PARKS This property lies within the neighborhood park service areas of both Curry Farms Park and Carver Beach Park. Two segments of the City's Comprehensive Trail Plan are located near this property. The first is an on -street trail located along both the eastbound and westbound lanes of Lake Lucy Road. The second is an off-street 8 ft. wide bituminous trail located on the east side of Powers Boulevard. This is across the street from the subject plat. The best crossing location for pedestrians is at the intersection of Powers Boulevard and Lake Lucy Lane. With these public services in place, the Park and Recreation Director is not recommending any additional public park or trail services be constructed as a part of this subdivision. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. 61PIan\SA\Burlwood 2nd\Burlwood 2nd prelim.dm Burlwood 2"d Addition January 26, 2004 Page 5 TREE PRESERVATION/LANDSCAPING Revised tree preservation calculations for Burlwood First and Second Additions were submitted by the applicant. These calculations were for the entire site rather than each addition. The conditions of approval for the Second Addition will reflect the amended quantities. They are as follows: Total upland area (excluding wetlands) 5.27 ac. or 229,583 SF Baseline canopy coverage 35% or 80,941 SF Minimum canopy coverage allowed 30% or 68,875 SF Proposed tree preservation 13% or 30,142 SF The developer does not meet minimum canopy coverage required; therefore the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage (68,875 — 30,142) 38,733 SF Multiplier x 1.2 Total replacement 46,480 SF Total number of trees to be planted 43 trees (46,480 =1089) The total number of trees required for the development is 43. The applicant has proposed a total of 56 trees. All replacements must meet minimum size requirements. No more than one-third of the trees may be from any one species. The applicant is proposing 44 transplanted evergreens and 12 deciduous trees for reforestation on site. Taking the ordinance requirements into consideration, only 14 of the evergreens can count towards reforestation. The other 29 trees, of the 43 required, must be species other than spruce. Therefore, the applicant must increase the number of deciduous trees, specified in the landscaping plan as ash, linden, oak, maple or honeylocust, to 29 The subdivision is also required to have buffer yard plantings along Powers Boulevard and Lake Lucy Road. Requirements are as follows: Location Required Proposed Powers Blvd. — buffer 16 overstory trees 19 overstory yard B — 20' width 24 understory trees 42 understory 800' length 40 shrubs 0 shrubs Lake Lucy Road 4 overstory trees 4 overstory Buffer yard B —15' 6 understory trees 3 understory width 11 shrubs 0 shrubs 180' length The applicant must increase buffer yard plantings to meet minimum ordinance requirements. The applicant has proposed a 4' berm along Powers Boulevard on top of which would be placed transplanted evergreens. The berm starts at the base of the 19 existing deciduous trees. Tree protection fencing must be installed around those trees before grading commences. GAP1an\SA\HwIwood 2nd\BwIwood 2nd pretim.dw _ Buriwood 2nd Addition January 26, 2004 Page 6 COMPLIANCE WITH ORDINANCE - RSF DISTRICT SUBDIVISION - FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance if the lot area variances are approved. 2. The proposed subdivision is consistent with all applicable city, county and regional plans, including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; G:\P1an\SA\Bw1wood 2nd\Bw1wood 2nd preGm.doc Lot Lot Lot Home Area Width Depth Setback Ordinance 15,000 90' 125' 30' front/rear 10' sides BLOCK 1 Lot 1 13,527 97' 140' 30730' Corner lot 10' Lot 2 13,182 95' 138.5' 30730' 10' Lot 3 13,646 98' 148.5' 30730' 10' SUBDIVISION - FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance if the lot area variances are approved. 2. The proposed subdivision is consistent with all applicable city, county and regional plans, including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; G:\P1an\SA\Bw1wood 2nd\Bw1wood 2nd preGm.doc Burlwood 2"d Addition January 26, 2004 Page 7 Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. VARIANCE The applicant is requesting an area variance for all three lots. The zoning ordinance requires 15,000 square feet per lot. All three parcels have an area of 13,000 + square feet. These lots exceed width and depth requirements of the Residential Single Family District and can accommodate a 60' x 60' house pad. The applicant submitted three house designs he intends to use on these lots. Staff calculated the hard surface coyerage of each of the proposed house pads on the different lots as shown on the table entitled Burlwood Second Addition: GAPIan\SMBurlwood 2nd\Burlwood 2nd pm im.do Burlwood 2"d Addition January 26, 2004 Page 8 BURLWOOD SECOND ADDITION Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 Lot Hard Lot Drive % Hard Lot Drive % Hard Area Driveway Surface Area way Surface Area way Surface 13,52 13,18 13,64 7 22*30 2 22*30 6 22*30 Floor Plan A (2 car garage) 1,178 660 14% 1,178 660 14% 1,178 660 13% Floor Plan B (2 car garage) 1,192 660 14% 1,192 660 14% 1,192 660 14% Floor Plan C (3 car garage) 1,182 660 149c 1,182 660 14% 1,182 660 13% VARIANCE FINDINGS The Planning Commission shall not grant a variance unless they find the following facts: rex. tuWn..e- 21 057 18,862 75406 18,778 20710 18,694 30.524 m w I 22232 43576 shmad"a f 23W79 51454 7 18664 3D9801 zos4o 36664 – 25276 39275 I �) a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre- existing standards without departing downward from them meet these criteria. Finding: The applicant is requesting to create three parcels that can accommodate single family homes but are deficient in area. Staff examined the area within 500 feet. None of these lots have an area of less than 15,000 square feet (lots with areas that exceed 30,000 square feet, have the potential for further subdivision). However, the subject site is unique. 1) An arterial street to the east of the property which required the dedication of 50 feet of right-of-way to the center of the street, which is 20 feet more than standard right-of-way for half of a local street; 2) the dedication of 40 feet of right-of-way to the center of Lake Lucy Road which is 10 feet more than standard right-of-way for half of a local street; and 3) the fact that proposed Golden Glow Court GAP1M\SA\Bw1wood 2nd\Bw1wood 2nd preGm.dm Burlwood 2"d Addition January 26, 2004 Page 9 is located on the subject site in its entirety with the exception of a small triangle on Mr. Martinka's property which is connecting this street to the previously dedicated street right-of-way in Golden Glow Acres. Under normal subdivision, the right-of-way would have been divided between the benefiting properties. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are not applicable to properties in the RSF zoning district. The overall development, at the comer of two arterial roads, requires the granting of additional right-of-way at the perimeter, reducing the developable area of the site. C. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The proposed variation will provide a higher income potential through the sale of an additional lot. However, the applicant has assumed responsibility to provide a full city street to all parties abutting the cul-de-sac and stubbing utilities to properties that have the potential for further subdivision. The applicant is requesting a variance to help pay for the expenses associated with these improvements. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The applicant worked diligently with the surrounding neighbors to create a subdivision layout that is acceptable. One of the elements of the overall layout was the street alignment. The street could have been shifted to the west onto the neighboring properties, which would have provided the needed lot area to eliminate the variances. At the request of the neighbor to the west, the applicant located the entire right-of-way on his property (with the exception of a small comer). Additionally, the applicant provided right- of-way for Powers Boulevard and Lake Lucy Road (40 feet in depth, each). This resulted in a smaller developable area Also, had the road been centered between the property to the west and the subject site, the applicant would have averaged lot sizes of approximately 16,000 sq. feet. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located Finding: Approval of the variances will not be detrimental to the public welfare. The site is guided for residential uses. The proposal is in keeping with the land use. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood GAPIw\SA\BwIwood 2nd\Bmlwood 2nd Kclim.doc Burlwood 2°d Addition January 26, 2004 Page 10 Finding: The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. Based upon these findings, staff is recommending approval of this variance with conditions. RECOMMENDATION Staff recommends the City Council adopt the following motions: PRELIMINARY PLAT "The Planning Ganwriission reeemmends appfaval e City Council approves Subdivision #03-12 for Burlwood 2°d Addition for 3 lots with lot area variances as shown on the plans received October 17, 2003, based upon findings in the staff report and subject to the following conditions: 1. Applicant shall revise the landscape plan to show a minimum of 43 trees to be planted. 2. A minimum of two deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits around all trees proposed to be preserved prior to any grading. 5. All transplanted evergreens must have a warranty for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. 7. 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. 8. Applicant shall plant a minimum of 16 overstory, 24 understory, and 40 shrubs along Powers Boulevard and 4 overstory, 6 understory, and 11 shrubs along Lake Lucy Road. 9. Fire Marshal Conditions: a. One fire hydrant will be required. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrant. b. The new proposed street will be required to have a street name. Submit proposed name to Chanhassen Building Official and Fire Marshal for review and approval. C. A 10 -foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This GAPIWSMIlurlwood 2ndBulwood 2nd pml m.doc Burlwood 2"d Addition January 26, 2004 Page 11 is to ensure that fire hydrants can be quickly located and operated by firefighters (pursuant to Chanhassen City Ordinance #9-1). d. No burning permits will be issued for tree/shrub disposal. Any trees removed must be removed or chipped on site. 10. Show City Detail Plate Nos. 5300 and 5301. 11. On the grading plan: a. Add a 75 -foot minimum rock construction entrance. b. Revise the grading between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. c. Extend the silt fence around the proposed berm along the east side of Lot 1 and Lot 2. d. Add a bench mark to the plan. e. Show all existing and proposed easements. f. Show the proposed contours for the berm along Powers Boulevard. 12. All disturbed areas shall be resodded or reseeded within two weeks of grading completion. 13. If fill is imported or exported, the applicant will need to supply the City with a haul route plan for approval. 14. The property is subject to sanitary sewer and water hookup charges. The 2003 trunk utility hookup charges are $1,440 per unit for sanitary sewer and $1,876 per unit for water. The 2003 SAC charge is $1,275 per unit. These fees will increase in 2004 and will be collected prior to building permit issuance and are based on the number of SAC units for the new building addition. 15. Relocate the existing storm sewer on the property to within a 20 -foot easement along the shared property line between Lot 1 and Lot 2. 16. Show all existing and proposed easements on the preliminary plat. 17. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 18. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 19. Prior to final platting, site drainage map and calculations will need to be submitted for staff review. The site drainage has to be designed for a 10 -year, 24-hour storm event. 20. Building Official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. GAP1an\SA\Budwood 2odlBwIwood 2nd preGmdm Burlwood 2nd Addition January26, 2004 Page 12 b. Each lot must be provided with a separate sewer and water service. c. Demolition permits must be obtained before demolishing any structures. 21. The applicant will be required to remove the single family home and the detached two car garage prior to recording the final plat. 22. The applicant shall pay park fees in lieu of land dedication or trail construction on two lots based on the fees in effect at the time of final plat approval., 23. Final plat approval of Burlwood 2°d Addition shall be contingent upon the recording of Burlwood Addition." ATTACHMENTS 1. Findings of Fact 2. Application and Narrative. 3. Memo from Rich Ragatz granting extension of the 60 days to 120 days. 4. Memo from Mak Sweidan, dated November 10, 2003. 5. Memo from Steven Torell, dated November 10, 2003. 6. Notice of Public Hearing. 7. Potential House Plans. 8. Preliminary Plat dated received October 17, 2003. GAPIa \SA\Burlwood 2nd\Burlwood 2nd prelim -dm CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Burlwood 2nd Addition Subdivision #2003-12 On January 6, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Preliminary Plat to Subdivide 40,355 sq. ft. Lot into Three (3) single-family Lots with Variances, Burlwood 2' Addition. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned RSF, Single -Family Residential. 2. The property is guided in the Land Use Plan for Residential — Low Density (1.2 — 4.0 units per net acre). 3. The legal description of the property is Lot 1, Block 2, Burlwood Addition. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a) The proposed subdivision is consistent with the zoning ordinance; b) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; C) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter, e) The proposed subdivision will not cause environmental damage; GAP1an\SA\Budwood 2ndU indinp of Factdw f) The proposed subdivision will not conflict with easements of record; and g) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1. Lack of adequate storm water drainage. 2. Lack of adequate roads. 3. Lack of adequate sanitary sewer systems. 4. Lack of adequate off-site public improvements or support systems. 5. The Planning Commission shall not grant a variance unless they find the following facts: a) The applicant is requesting to create three parcels that can accommodate single family homes but are deficient in area. Staff examined the area within 500 feet. None of these lots have an area of less than 15,000 square feet (lots with areas that exceed 30,000 square feet have the potential for further subdivision). b) The conditions upon which this variance is based are applicable to properties in the RSF zoning district. The overall development, at the corner of two arterial roads, requires the granting of additional right-of-way at the perimeter, reducing the developable area of the site. c) The proposed variation will provide a higher income potential through the sale of an additional lot. However, the applicant has assumed responsibility to provide a full city street to all parties abutting the cul-de-sac and stubbing utilities to properties that have the potential for further subdivision. The applicant is requesting a variance to help pay for the expenses associated with these improvements. d) The applicant worked diligently with the surrounding neighbors to create a subdivision layout that is acceptable. One of the elements of the overall layout was the street alignment. The street could have been shifted to the west onto the neighboring properties, which would have provided the needed lot area to eliminate the variances. At the request of the neighbor to the west, the applicant located the entire right-of-way on his property (with the exception of a small corner). Additionally, the applicant provided right-of- way for Powers Boulevard and Lake Lucy Road (40 feet in depth, each). This resulted in a smaller developable area. Also, had the road been centered between the property to the west and the subject site, the applicant would have averaged lot sizes of approximately 16,000 sq. feet. e) Approval of the variances will not be detrimental to the public welfare. The site is guided for residential uses. The proposal is in keeping with the land use. GAPIWSA\Bw1wood 2ndAindings of FactAm f) The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. 6. The planning report #2003-12, dated January 6, 2004, prepared by Sharmin Al-Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Preliminary Plat with variances. ADOPTED by the Chanhassen Planning Commission this 6`s day of January, 2004. CHANHASSEN PLANNING COMMISSION MIA G:\Plan\SA\Bwlwood 2nd�Rndings of Fact.doc Uli Sacchet, Chairman CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952)227-1100 DEVELOPMENT REVIEW APPLICATION pp dd f LIQ APPLICANT:1�;�I^ 1\g �4f� °F Fp: 0, a<OP~ OWNER: i a rr r K� fi Kir bPr ADDRESS: 3 `N I Si , Pv u I A vx M: r 4 p01 ;( /hAl 416 TELEPHONE (Daytime) / `I L) 7 3 o - Z 14 ADDRESS: 6 Li Z 0 Po 1, 6/' j TELEPHONE: i PROJECT NAME 6"r L-00 d I" '4'd•d: I', ,, LOCATION 670 a 01,4 LEGAL DESCRIPTION See S ._ c y YZ # Z (" 00 2 t o 0 0 TOTALACREAGE 5.17 WETLANDS PRESENT _YES NO PRESENT ZONING L o Of, (. i r- < S i j t — /,' % / REQUESTED ZONING L PRESENT LAND USE DESIGNATION f � s - lam✓ r <i • J+� f= REQUESTED LAND USE DESIGNATION t REASON FOR THIS REQUEST 5 l d e 50_ SA, A /o R This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Application Received on Fee Paid c<< I 6117 /03 Date Datef Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. PRELBMARY PLAT APPLICATION (1) Identification and Description a. Proposed name of the subdivision is: Burlwood b. Legal Description: That part of the Northwest Quarter of the Southwest Quarter of Section 2, Township 116 North, Range 23 West of the 5tb Principal Meridian, lying westerly of the centerline of County State Aid Highway 17. Excepting there from the four following described parcels of land. Exceptions: 1. The South 434.00 feet of the above described property 2. The North 240.00 feet of the South 674.00 feet of the West 215.00 feet of said Northwest Quarter of Southwest Quarter 3. The North 230.00 feet of the South 904.00 feet of the West 190.00 feet of said Northwest Quarter of the Southwest Quarter 4. That part of the West 200.00 feet of said Northwest Quarter of the Southwest Quarter, lying northerly of the South 904.00 feet of said Northwest Quarter of the Southeast Quarter. c. Current Owner/Seller. Larry & Kathy Kerber 6420 Powers Boulevard Chanhassen, MN 55317 Developer/Buyer: Richard Ragatz Epic Development, LLC 3441 St. Paul Avenue Minneapolis, MN 55416 Land Surveyor: Thomas Hodorff Harry S. Johnson Co., Inc. 9063 Lyndale Avenue South Bloomington, MN 55420 Engineer/ Designer of the Plat: Perry Ryan, P.E. Ryan Engineering 434 Lake Street Excelsior, MN 55331 d. See attached plans for scale e. See attached plans for north arrow f. Date of Preparation: October 17, 2003 (2) Existing Conditions: a. See attached plans for boundary lines of proposed subdivision b. Existing zoning classification for land within and abutting the subdivision is: Residential - Low Density (Net Density Range 1.2 - 4 u/Acre) c. Total site size is 5.17 acres or 225,058 square feet and 3.995 net acres (excludes Powers Blvd and Lake Lucy right-of-way); Lot sizes are as follows and the dimensions are on the Preliminary Plat: Lot 1: 13,527 square feet Lot 2: 13,182 square feet Lot 3: 13,646 square feet Average Lot Size For Entire Subdivision = 16,584 square feet d. See the attached ALTA and Topographic Survey for details. The site does not have any existing streets, however, there is a platted cul-de-sac that dead -ends along the subject's southern boundary called Golden Glow Court. There are two structures on the subject property, which are a single family home and a detached two -car garage that should be demolished prior to construction. e. Starting with the parcel adjacent to the west of the subject and along Lake Lucy Road: Jon & Laurie Steckman at 1215 Lake Lucy Road; adjacent to the west and just south of the Steckman's is Bob & Ethelyn Christensen at 6648 Powers Blvd (he plans to subdivide in the Spring of 2004); adjacent to south of Christensen's is Bob & Diane Martinka at 6650 Powers Blvd (they have talked about subdividing with the neighbors a couple years ago, however, they currently are saying they have no interest); immediately south of subject is Carol Egyhazi at 6720 Powers Blvd; and abutting the proposed cul-de-sac to the west is Michael & Margaret Cuccia at 6722 Powers Blvd. L See attached Topographic Survey for details g. Location, size and approximate grade of proposed public sewer and water mains are as follows: h. See following soil -boring report completed by GME Consultants and dated June 2, 2003. i. See attached utility plan for details. j. The location of the wetland is detailed on the ALTA and Topographic Survey. The wetland was identified in the enclosed Wetland Delineation Report completed by GME Consultants and dated May 22, 2003. The area of the wetland totals 5,963 square feet. k. The property is not within the Bluff Creek Overlay District. (3) Proposed Design Features: a. See attached street plan for details. b. There will not be any pedestrian ways due to the size of the site. See Utility plan and ALTA Survey for utility easement details. c. See enclosed land plan for details. d. Minimum setback lines are shown on the enclosed land plan. e. There are no areas intended to be dedicated or reserved for public use due to the site size. f. See attached Utility plan for details. g. The site is not a recorded plat. (4) Supplementary Information: a. The proposed land plan shows a total of 9 single-family lots that are projected to have homes priced between $350,000 to $550,000. This is a small and low-density development that should have minimal impact on traffic, additional fire hazards, or population density. b. No proposed protective covenants, however, we are preserving through design and transplanting, as many trees as physically possible. c. See attached Drainage plan for details. d. See attached Grading plan for details. e. No zoning changes proposed. L Subdivider does not own any adjacent land. g. See attached soil erosion and sediment control plan. h. See attached vegetation preservation and protection plan for details. We have thoughtfully designed the proposed plan so that as many of the mature trees as possible can be preserved. The ones that cannot be preserved due to construction will be transplanted wherever possible. It should be noted that we are tying into the existing elevation along Martinka's property boundary and will not be filling or cutting more than 3 feet within 10 feet of this property line. Therefore, we feel that there should be no adverse impact to Martinka's property and we think that we have done everything in our power to protect adjacent properties. i. The required variance for Burlwood 2°d Addition is: 1. Lots 1-3 Block 2 do not meet the 15,000 square foot minimum lot size. Having three lots that do not meet the minimum lot size is justified for several reasons: 1. Looking at the overall Burlwood subdivision, the development and lots meet the spirit of the zoning code with frontage widths of over 90 feet each and an average lot size of approximately 16,500 square feet. It just happens that the three southern lots are approximately 1,500 square feet less than the minimum. 2. These southern lots would meet the minimum lot size if the road and right-of-way were not entirely on the Kerber parcel and more equitably shared along with the easement agreement with Carol Egahazi that would give an additional 17 feet along the southern boundary of the Kerber parcel, if I wanted to enforce that agreement. The road has been moved as far east of Kerber's western property line in order to save as many mature trees as possible. Moving the road should result in a savings of up to 6 mature trees (this is a hardship!). 3. All three of these lots still have a 60 x 60 building pad so the resulting homes, especially in the $350,000 to $550,000 price range will easily fit on these lots. Much more expensive homes are being built on far smaller lots and frontage widths. I will have an example of the footprint and home for these lots at the Planning Commission and City Council meeting. 4. I am solving a problem created back in 1995-96 that is who benefits and who pays. I have 5 lots that benefit from the cul-de-sac out of a total of 14 lots, which is approximately 33% of the benefit, and I am willing to pay for all of the cost of building the road and cul-de- sac. The lots south of the site would argue to the bitter end that they do not benefit and, therefore, are not going to pay. The road also makes the southern lots less desirable due to double and triple frontage. I know this reason is an economic reason, however, it solves a potentially sticky problem and helps defray the significant increase cost to me. The subject site and surrounding under -developed parcels make designing a subdivision that allows future development a challenge. We have several alternative 8 and 9 lot layouts that would not require any variances, however, these layouts would not provide access and conform to the Golden Glow Court cul-de-sac designed and platted in 1995. As a result, we feel that our land plan preserves the most trees, improves public safety (concentrates ingress/egress to Powers Boulevard on a public street verses a private drive), and allows adjacent under -developed parcels to subdivide in the future via connecting to the road/future cul-de-sac. j. For the water distribution system see attached k. All meet minimum City Code requirements. 1. Such other info requested by City. Due to the controvercy of the subject property and surrounding area (Golden Glow Acres development), development agreements can be made available upon request. in. Due to the size of the site and minimal number of units, no photo composite images or artistic renderings have been provided. MEMORANDUM To: Sharmeen A]-Jaff, Senior Planner From: Rich Ragau of Epic Development RE: Burlwood 2"d Addition Subdivision Sharmeen- As a follow-up to our recent conversation, I am granting an granting a 60 day extension to my application and requesting that the .Bullwood 2"d Addition be rescheduled for December 2"d, 2003 Planning Commission meeting. Please let me know if you have questions or any additional comments. Thanks again for all your hard work! Sineerely, Rich Ragatz Epic Development, LLC (612)730-2814 CITY OF CAANHASSEN 7700 Market Boulevard PO Boz 147 Chanhassen, MN 55317 Administration Phone: 952227.1100 Fax: 952.227.1110 Building InspeMions Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952227.1110 Web She wew.ci.c nanhassen.mn.us MEMORANDUM TO: Sharmeen Al-Jaff, Senior Planner FROM: Mak Sweidan, Engineer � 0,40 DATE: November 10, 2003 SUBJ: Preliminary Plat Review of Burlwood 2"d Addition File No. 03-21 LUR Upon review of the preliminary plat prepared by Ryan Engineering, received Oct. 17, 2003, I offer the following comments and recommendations: GRADING. DRAINAGE & EROSION CONTROL The plans show three proposed lots. The grading plan proposes to grade approximately the whole site to develop three house pads and driveways. If importing or exporting materials for development of the site is necessary, the applicant will need to supply the City with a haul route for review and approval prior to the site grading commencing. The portion of the existing storm sewer line that goes through Lots 1 and 2 must be replaced and realigned over the shared property line between Lot 1 and Lot 2. A minimum 20 -foot wide public drainage and utility easement is required over the storm sewer. In addition, the grading plan needs to be revised between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot I house pad. Erosion control measures and site restoration must be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends a rock construction entrance be used and shown on the plans. The silt fence must be extended around the proposed berm along the east side of proposed Lots 1 and 2. In addition, tree preservation fencing should be denoted on the grading plan. UTILITIES No public utility lines have been proposed with this project. The lots will be serviced with private sewer and water service stubs from the public utility lines that will be installed with the first addition. The sanitary sewer and water hookup charges will be applicable for each lot. The 2003 trunk sanitary sewer hookup charge is $1,440 per unit and the trunk watermain hookup charge is $1,876 per unit. The 2003 SAC charge is $1,275 per unit. All of these charges are based on the number of SAC units assigned by the Met Council. Sanitary sewer and water hookup fees may be specially assessed against the parcel at the time of building permit issuance. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Sharmeen Al-Jaff December 19, 2003 Page 2 STREETS No public street improvement is proposed. The site is proposed to be accessed via the new public street "Golden Glow Court" along the west side of the lots. RECOMMENDED CONDMONS OF APPROVAL 1. Show City Detail Plate Nos. 5300 and 5301. 2. On the grading plan: a. Add a 75 -foot minimum rock construction entrance. b. Revise the grading between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. c. Extend the silt fence around the proposed berm along the east side of Lot 1 and Lot 2. d. Add a bench mark to the plan. e. Show all existing and proposed easements. f. Show the proposed contours for the berm along Powers Boulevard. 3. All disturbed areas shall be resodded or reseeded within two weeks of grading completion. 4. If fill is imported or exported, the applicant will need to supply the City with a haul route plan for approval. 5. The property is subject to sanitary sewer and water hookup charges. The 2003 trunk utility hookup charges are $1,440 per unit for sanitary sewer and $1,876 per unit for water. The 2003 SAC charge is $1,275 per unit. These charges are collected prior to building permit issuance and are based on the number of SAC units for the new building addition. 6. Relocate the existing storm sewer on the property to within a 20 -foot easement along the shared property line between Lot 1 and Lot 2. 7. Show all existing and proposed easements on the preliminary plat. 8. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 9. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 10. Prior to final platting, site drainage map and calculations will need to be submitted for staff review. The site drainage has to be designed for a 10 -year, 24- hour storm event. c: Matt Saam, Acting Public Works Director/City Engineer g:kng\pmicct \bw1wwd2ndppr.doc MEMORANDUM TO: Sharmin Al-Jaff, Senior Planner FROM: Steven Torell, Building Official DATE: November 10, 2003 SUBJ: Site Plan review for: Burlwood 2nd Addition Planning Case: 2003-12 SUB I have reviewed the plans for the for the above development and have the following conditions: 1. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 2. Each lot must be provided with a separate sewer and water service. 3. Demolition permits must be obtained before demolishing any structures. G/safety/s1/memostplan/Burlwood 2' Addition CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on December 26, 2003, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of A Request for a Preliminary Plat to replat one lot ito 3 single family lots with variances, located at 6700 Powers Blvd., Burlwood 2°d Addition, to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Kdren J. E ge hardt, puty Clerk Subscribed and sworn to before me this _ day of 2003. Notary Public gAeng\fo=\affidavit-doc NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, JANUARY 6, 2004 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Preliminary Plat to replat one lot APPLICANT: Epic Development LLC into 3 single family lots with variances LOCATION: 6700 Powers Blvd. Burlwood 2nd Addition NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Epic Development LLP, is requesting a preliminary plat to replat one lot (40,355 sq. ft.) into 3 single family lots with variances, located at 6700 Powers Boulevard, Burlwood 2nd Addition. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1134 or e-mail saljaff@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on December 25, 2003. City Review Procedure Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments, Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. Staff prepares a report on the subject application. This report includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. gAplau\fa \review procedure ®0915 easel ANDREW B & SUSAN L AKINS 6699 MULBERRY CIR E CHANHASSEN MN 55317-8409 BRUCE & JULIE MAYER 6693 MULBERRY CIR E CHANHASSEN MN 55317-8409 CHARLES E & LAURAL R JOHNSON 1100 LAKE LUCY RD CHANHASSEN MN 55317-8675 DAVID F SMITH & LAURA L FRANZEN-SMITH 5770 KELSEY DR EXCELSIOR MN 55331-8588 DUANE H & MONA R UDSTUEN 6636 MULBERRY CIR E CHANHASSEN MN 55317-8408 HELEN JACQUES C/O A SUZETTE LEIZINGER 16010 EXCELSIOR BLVD MINNETONKA MN 55345-5408 JEFFREY N & MELISSA A ELDER 6696 MULBERRY CIR E CHANHASSEN MN 55317-8408 JENNIE A HAYS 6691 POWERS BLVD CHANHASSEN MN 55317-9513 KEITH DOUGLAS TRASK & ELGAH MOJOKO TRASK 6770 CHAPARRAL LN CHANHASSEN MN 55317-9222 LAWRENCE & KATHLEEN KERBER 6420 POWERS BLVD CHANHASSEN MN 55317-9434 BEDDOR ENTERPRISES LP 7951 POWERS BLVD CHANHASSEN MN 55317-9502 CAROL J EGYHAZI 6720 POWERS BLVD CHANHASSEN MN 55317-9548 CHRISTOPHER SCOTT EIMAN 1206 LAKE LUCY RD CHANHASSEN MN 55317-9433 slagel ssaippV ®AU3AV @y BRENT & KARLA WENNERSTROM 6790 CHAPARRAL LN CHANHASSEN MN 55317-9222 CARVER COUNTY CARVER COUNTY GOVT CTR -ADMIN 600 4TH ST E CHASKA MN 55318-2102 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317-0147 DAVID M & COLLEEN B RONNEI ; I DAVID P SMITH &JULIA A 6666 MULBERRY CIR E SIMENSON-SMITH CHANHASSEN MN 55317-8408 6724 POWERS BLVD CHANHASSEN MN 55317-9548 ; E SAMUEL CHASE III 6621 ARLINGTON CT CHANHASSEN MN 55317-7506 JAMES ERIK & PATRICIA JOHANSON 6500 PEACEFUL LN CHANHASSEN MN 55317-9510 JEFFREY ROBERT SMITH & CAROLYN WELDON SMITH 6601 ARLINGTON CT CHANHASSEN MN 55317-7506 JOHN P& BARBARA J SPIESS 6610 ARLINGTON CT CHANHASSEN MN 55317-7506 KEVIN L& JULIE A GRAFFT 6726 POWERS BLVD CHANHASSEN MN 55317-9548 i ;i LAYTON B & MADELYN L PAINE 1092 SHENENDOAH CIR CHANHASSEN MN 55317-9542 GERALD A JR & DENISE M FEDIE 6800 UTICA CIR CHANHASSEN MN 55317-9514 JAMES P MANDERS 6791 CHAPARRAL LN CHANHASSEN MN 55317-9223 JEFFREY W & LAURA A BROS 6771 CHAPARRAL LN CHANHASSEN MN 55317-9223 JON G & LAURIE P STECKMAN 1215 LAKE LUCY RD CHANHASSEN MN 55317-9433 ! KEVIN L ANDVIK & TONETTE F CLINE-ANDVIK 6606 MULBERRY CIR E CHANHASSEN MN 55317-8408 LESTER F III & JUDY L BOLSTAD 1101 LAKE LUCY RD CHANHASSEN MN 55317-8676 .notc joi aieldwai asn w, siaouc 0884 uioowc 0091S Aasel MARY ELIZABETH MARTIN 6620 ARLINGTON CT CHANHASSEN MN 55317-7506 I I .I, MATTHEW G & LISA L KLING 6683 MULBERRY CIR CHANHASSEN MN 55317-8409 sIjage-j ssaippV ®AM3AV® MATTHEW H & SANDRA L HARDY 6800 CHAPARRAL LN CHANHASSEN MN 55317-9224 MICHAEL A WANNER & SCOTT MICHAEL J CUCCIA & MARGARET J NICHOLAS M & JUDY A JACQUES HEGEL CUCCIA 1214 LAKE LUCY RD 1180 LAKE LUCY RD 6722 POWERS BLVD CHANHASSEN MN 55317-9433 CHANHASSEN MN 55317-8675 CHANHASSEN MN 55317-9548 PAUL A & SHERYLL A KREUTER 1090 CARVER BEACH RD CHANHASSEN MN 55317-9529 REMIGIJUS KLYVIS 6780 CHAPARRAL LN CHANHASSEN MN 55317-9222 ROBERT JBOE 6801 UTICA CIR CHANHASSEN MN 55317-9514 RONNIE K & TERESA M HAGEN 1200 LAKE LUCY RD CHANHASSEN MN 55317-9433 RUSSELL J & BONNIE G SIAKEL 6703 MULBERRY CIR E CHANHASSEN MN 55317-8407 STEVEN L & PATRICIA A PAUL 1031 CARVER BEACH RD CHANHASSEN MN 55317-9529 TERRANCE E & DEBRA J BLACK 6511 W ELSLEY CT CHANHASSEN MN 55317-7505 TODD W & TERESA E DECKARD 6611 ARLINGTON CT CHANHASSEN MN 55317-7506 ,.norc im aiei wai asn PAUL D & ANNE M KAPSNER 6635 MULBERRY CIR E CHANHASSEN MN 55317-8409 RICHARD C ERSBO 6665 MULBERRY CIR E CHANHASSEN MN 55317-8409 ROBERT MYRON AHRENS JR & PATRICIA M AHRENS 1081 LAKE LUCY RD ill CHANHASSEN MN 55317-8678 II� ROY R & JACQUELINE B ANDERSON 6695 MULBERRY CIR E CHANHASSEN MN 55317-8409 SCOTT J & JESSICA FREDRICKSON 6681 POWERS BLVD CHANHASSEN MN 55317-9513 SUSAN K ARNDT 6520 W ELSLEY CT CHANHASSEN MN 55317-7505 THOMAS K & ANNE H MCGINN 1121 LAKE LUCY RD CHANHASSEN MN 55317-8676 WILLIAM & JULIEANN INFANGER 6740 POWERS BLVD CHANHASSEN MN 55317-9548 �I 'I I PETER J & CYNTHIA L MILLER 6605 MULBERRY CIR E CHANHASSEN MN 55317-8409 ROBERT E & DIANE L MARTINKA 6650 POWERS BLVD CHANHASSEN MN 55317-9513 lil I' Id ROBERT R & ETHELYN I I CHRISTENSEN I I 1 6648 POWERS BLVD CHANHASSEN MN 55317-9513 RUSSELL G KOHMAN 6730 POWERS BLVD CHANHASSEN MN 55317-9548 STEVEN J & DEBORAH MANNING 6687 MULBERRY CIR E CHANHASSEN MN 55317-8409 SYLVESTER & MARY ROERICK 6600 ARLINGTON CT CHANHASSEN MN 55317-7506 THOMAS M & DEBRA J GIVEN 6521 WELSLEY CT CHANHASSEN MN 55317-7505 'i ' 11 WILLIAM R & JEAN K TOUPIN 6781 CHAPARRAL LN CHANHASSEN MN 55317-9223 .... ciaauc nazi mnnmc ®09Is jasel slagel ssaippy ®AL3AV@(/ I- RICH SLAGLE 7411 FAWN HILL ROAD I CHANHASSEN MN 55317 I i -lll I� I i I 'I r i � 11 I 'I r � i is I I� I, I� II i I )I 'I _ I _ll II ,' I; II I - I 1 ..norc jm aieidwai asn ._. c,aanc naa-j u,enmc NOTICE OF PUBLIC HEARING PROPOSED SUBDIVISION #2003-12 WITH VARIANCES CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 6, 2004, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider the application of Epic Development LLC, requesting Preliminary Plat to replat one lot (40,355 sq. ft.) into 3 single family lots with variances, located at 6700 Powers Boulevard, Burlwood 2°d Addition. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Sharmeen Al-Jaff, Senior Planner Phone: 952-227-1134 (Publish in the Chanhassen Villager on December 25, 2003) '`s - 4i0d 3ON301S38 . uH!wG9�Nluq. ° M O �k — a w _ y o — g H2 i 2 a —qY LEI E e 0 c W CL - O a4zAVAi, ; - } • A I o Z'�ga��c�� AI � 11 s Rof , fI (off S G' l l?/S' SIL WN Wku- 7. _t YaXB Gu1T zoo frto WAU elm_. 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NOTE: r Nois d AOL j bP IIY6"ZSdST I t tY GYi L g B 7-u L o a � � a�9 . f fJ_ 11 O U - w U Z w 0 Fn w cc � U :a03 30N3als3U a 0 A'M N _ gsI o N a � wvN s maw Azi _ oc - a— g a O It ter - N � __ Vis• ` � 3 N _� _ I-� •.bbz � Ssn�J. _ N ' � `j 7iJ1�( a i ; c NCO2c ,'At *aozl 3ON3oIs3a dJJ p s � b� = x X�� M 4`y µ O _.. ti r Z o ti 5 ti (0 n gl.p�l Moil �1 4 e Rill 1 �i Zx4 V, Two W- wl W f 'Y o 18x8 c C 16xg 7 © Planco Ina _�`� Cog gvba , �a ® :a03 3ON3=38 9 n N ,d \\ Aanenson, Kate From: Gerhardt, Todd Sent: Monday, January 26, 2004 11:31 AM To: Aanenson, Kate Subject: FW: Item 1 d- Consent Agenda- Burlwood 2nd Addition - Subdivision -----Original Message ----- From: Ayotte, Robert L Mr (88ENGR)[mailto:robert.ayotte@us.army.mil] Sent: Monday, January 26, 2004 10:10 AM To: Gerhardt, Todd Subject: FW: Item ld- Consent Agenda- Burlwood 2nd Addition - Subdivision Have you seen? Robert L. Ayotte Operations Chief 88th ARIM, Engineering E-mail: robert.ayotte@us.army.mil Phone: 1.800.843.2769 ext. 3812 DSN: 783.3812 FAX: 612.713.3516 -----Original Message ----- From: Dick Lloyd[mailto:dlloyd@chestnutpartners.com] Sent: Sunday, January 25, 2004 1:17 PM To: council@ci.chanhassen.mn.us Subject: Item Id- Consent Agenda- Burlwood 2nd Addition - Subdivision Dear Mayor Furlong and Council Members, I ask you to each respectfully read this a mail which I will try to keep simple. I will Pose questions (and interject my humble opinion as minimally as possible). Fact: On December 8, 2003 (less than 60 days ago) you approved the 1st addition of Burlwood. With variances to allow for a private street and a 50- foot right of way. Subject to conditions 1-51. Condition 39: The entire public street and cul-de-sac must be installed with this project into the Golden Glow Acres right of way. Chanhassen City Code: Sec. 18-60. Lots (f) Street arrangements for the proposed subdivision shall not cause undue hardship to owners of adjoining property in subdividing their own land. (the street arrangements for Burlwood have not caused undue hardship to neighbors unwilling to subdivide.... and I contend that they DO NOT cause undue hardship to their plans for subdivision either.) 1 The applicant has assumed responsibility to provide a full city street. The applicant has made the choice to go ahead now. The city does not have an obligation to help pay for the improvement by creating variances for 3 lots to help compensate for the expense. Fact: It is the Kerbers choice to develop now. They were not ready to sell or consider alternatives in 1995 when the City Staff completed the study of alternatives for the area and adjoining parcels. Fact: The lots have been adjacent to Powers Boulevard for years. Double frontage has always been an issue for future development of that parcel. The Kerbers have known the limitations. Double frontage was an issue in Addition 1 as well. Fact: In the staff report please read: " History of subject property and surrounding area". I'm unsure of the author, most likely it is Richard Ragatz. There are two statements I'd like to point out. 1. "This cul-de-sac adversely impacts the three southern future lots of my property due to the lots having double or triple frontage." Assumes THREE future lots. 2. The assumption was based upon the purchase of 17 feet of property from Carol Egyhazi. (last paragraph of same document). THIS purchase did not materialize. See page 15 and 16 0£ 1/6/04 planning minutes...dialog between Rich Ragatz and Commissioner Sacchet. The 17 feet may have made the three lots in question conforming lots. Fact: 15,000 minimum sq feet for lot is a code requirement for RSF single family. Lot 1 is deficient by 9.82 8, lot 2 by 12 8 and lot 3 by 9.03 8. In total the deficit is 318. Variance findings and findings of fact need to be corrected: THE PROPOSED SUBDIVISION IS NOT CONSISTENT WITH THE ZONING ORDINANCE. To say otherwise is simply not factual.. Fact: If a public street would have been used for the first addition as well (rather than the variance granted), there would be fewer lots. Applicant therefore gained some additional land value in Addition 1. (Public streets require more land than private streets) If you approve these variances you, the 2004 Council, are setting a Precedent. 1. Could it be construed as favoritism for a founding Chanhassen family versus turning down an immigrant such as Rossavik? 2. Many other similar situations are likely as continued development along corridors proceed. You do have options. 1. Deny the variances. 2. Approve two (2) conforming versus three (3) non conforming lots. 3. Suggest a PUD as an alternative. Addition 1 has 5+ acres with the Addition 2 a PUD makes perfect sense. Defraying the cost to a developer by compromising code is not the solution. Please remove this item from the consent agenda and let the public understand each of your positions. It is an important part of democracy in action! Best Regards, Debbie Lloyd dlloyd@chestnutpartners.com <mailto:dlloyd@chestnutpartners.com> CITY OF CgANIIASSEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952 227.1180 Fax 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax 952.227.1404 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Sharmeen Al-Jaff, Senior Planner D /L DATE: January 26, 2004 SUBJ: Executive Summary for Preliminary Plat to Subdivide a 40,355 sq. ft. Lot into Three (3) Single -Family Lots with Variances, Burlwood 2"d Addition — Subdivision 2003-12/Planning Case 04-02 1 wew\/_ 1knu The applicant is proposing to subdivide 40,355 square feet into 3 single-family lots with variances. The property is zoned RSF, Single Family Residential District. The site contains a single family home and a garage. Access to the site is gained via a proposed Public Street off of Powers Boulevard. All lots meet the minimum lot width and depth requirements of the zoning ordinance. The lot area is deficient. The ordinance requires a minimum lot area of 15,000 square feet. The proposed average lot size is 13,451 square feet. Each parcel can accommodate a 60' x 60' house pad as shown on Sheet P-3. ACTION REQUIRED Planning & Natural Resources City Council approval requires a majority vote of City Council present. Phone: 952.221.1130 Fax: 952.227.1110 PLANNING COMMISSION SUMMARY Public Waft 1591 Park Road On January g a p g 6, 2004, the Planning Commission held public hearing and recommended Phone: 952.221.1300 Fax: 952.2271310 approval of this application (see Item #la -Planning Commission minutes). Senior RECOMMENDATION Phone::952.252.227.1125 Fax: 952.227.1110 Staff and the Planning Commission are recommending the City Council approve the Web site preliminary plat for subdivision 2003-12 with variances and conditions 1-23, noted in www.ci.chanhassen.mn.us the staff report. ATTACHMENTS 1. Staff report and Preliminary Plat. CAPUMSAXBurlwood 2ndxBurlwood 2nd surnmary.cim The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A geal place to live, work, and play. CITY OF CHANHASSEN STAFF REPORT PC DATE: January 6, 2004 CC DATE: January 26, 2004 REVIEW DEADLINE: February 14, 2004 CASE #: 03-12 SUB/Planning Case 04-02 BY: Al-Jaff PROPOSAL: Preliminary Plat to Subdivide a40,355 sq. ft. Lot into Three (3) Single -Family Lots with Variances, Burlwood 2°d Addition LOCATION: Lot 1, Block 2, Burlwood Addition. Southwest of the intersection of Lake Lucy Road and Powers Boulevard. APPLICANT: Richard Ragatz Larry and Kathy Kerber Epic Development, LLC. 6420 Powers Boulevard 3441 St. Paul Avenue Chanhassen, MN 55317 Minneapolis, MN 55416 (952) 474-4710 (612)730-2814 PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential Low Density (Net Density 1.2 — 4.0 units per acre) ACREAGE: 40,355 square feet DENSITY: 3.2 Units per Acre Gross/Net SUMMARY OF REQUEST: Subdivision of 0.926 acres into 3 single-family lots and lot area variances. Notice of this public hearing has been mailed to all property owners within 500 feet on December 26, 2003. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Lake Lucy Road Shenandoah Circle 0 ;Subject J S T Q� Q 10 sk Burlwood 2"d Addition January 26, 2004 Page 2 BACKGROUND On December 8, 2003, the City Council approved final plat for Subdivision #03-12 for Burlwood Addition for 7 lots and two outlots with variances to allow a private street and a 50 foot right-of- way as shown on the plans received September 29, 2003, subject to conditions. PROPOSAL/SUNIMARY The applicant is proposing to subdivide 40,355 square feet into 3 single family lots with lot area variances. The property is zoned RSF, Single Family Residential District. The site is located west of Powers Boulevard and approximately 500 feet south of Lake Lucy Road. The site contains a single family home and a detached garage. Access to the site is proposed off of Powers Boulevard via a residential street. All lots meet the minimum lot width and depth requirements of the zoning ordinance. The lot area is deficient. The ordinance requires a minimum lot area of 15,000 square feet. The proposed average lot size is 13,451 square feet. Each parcel can accommodate a 60' x 60' house pad as shown on Sheet P-3. Staff is recommending approval of the subdivision with variances, with the conditions outlined in the staff report. GAPIan\SA\BwIwood 2nMulwood 2nd pmI mAm Burlwood 2"a Addition January 26, 2004 Page 3 PRELIMINARY PLAT The applicant is proposing to subdivide a 40,355 square foot site into 3 single family lots. The density of the proposed subdivision is 3.2 units per acre. All three lots have an area of less than 15,000 square feet, with an average lot size of 13,451 square feet. The applicant is requesting a lot area variance. All proposed lots meet the minimum width and depth requirements of the Zoning Ordinance. The lots are proposed to be served via a public street. A single family home and a detached garage are located on the property. In the attached narrative provided by the applicant, it is stated that the detached two car garage and the single family home should be demolished prior to construction. The property line between proposed Lots 1 and 2 is located under the footprint of the garage, resulting in nonconformity. The applicant will be required to remove the garage prior to recording the final plat. Also, a two car garage must be provided for the existing single family home as required by the zoning ordinance or the single family home should be demolished prior to the recording of the plat as well. Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance if the lot area variance is approved. WETLANDS There are none. GRADING, DRAINAGE & EROSION CONTROL The plans show three proposed lots. The grading plan proposes to grade approximately the whole site to develop three house pads and driveways. If importing or exporting materials for development of the site is necessary, the applicant will need to supply the City with a haul route for review and approval prior to the site grading commencing. The portion of the existing storm sewer line that goes through Lots 1 and 2 must be replaced and realigned over the shared property line between Lot 1 and Lot 2. A minimum 20 -foot wide public drainage and utility easement is required over the storm sewer. In addition, the grading plan needs to be revised between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. Erosion control measures and site restoration must be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends a rock construction entrance be used and shown on the plans. The silt fence must be extended around the proposed berm along the east side of proposed Lots 1 and 2. In addition, tree preservation fencing should be denoted on the grading plan. GAPIaMSMIturlwood 2nd\Burlwood 2nd prerimAm Burlwood 2"d Addition January 26, 2004 Page 4 iT1'ILITIES No public utility lines have been proposed with this project. The lots will be serviced with private sewer and water service stubs from the public utility lines that will be installed with the first addition. The sanitary sewer and water hookup charges will be applicable for each lot. The 2003 trunk sanitary sewer hookup charge is $1,440 per unit and the trunk watermain hookup charge is $1,876 per unit. The 2003 SAC charge is $1,275 per unit. All of these charges are based on the number of SAC units assigned by the Met Council. Sanitary sewer and water hookup fees may be specially assessed against the parcel at the time of building permit issuance. STREETS No public street improvement is proposed. The site is proposed to be accessed via the new public street "Golden Glow Court" along the west side of the lots. PARKS This property lies within the neighborhood park service areas of both Curry Farms Park and Carver Beach Park. TRAILS Two segments of the City's Comprehensive Trail Plan are located near this property. The first is an on -street trail located along both the eastbound and westbound lanes of Lake Lucy Road. The second is an off-street 8 ft. wide bituminous trail located on the east side of Powers Boulevard. This is across the street from the subject plat. The best crossing location for pedestrians is at the intersection of Powers Boulevard and Lake Lucy Lane. With these public services in place, the Park and Recreation Director is not recommending any additional public park or trail services be constructed as a part of this subdivision. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. GAPIaMSMIlurlwood 2nchaurlwood 2nd pmlimAm Burlwood 2"d Addition January 26, 2004 Page 5 TREE PRESERVATION/LANDSCAPING Revised tree preservation calculations for Burlwood First and Second Additions were submitted by the applicant. These calculations were for the entire site rather than each addition. The conditions of approval for the Second Addition will reflect the amended quantities. They are as follows: Total upland area (excluding wetlands) 5.27 ac. or 229,583 SF Baseline canopy coverage 35% or 80,941 SF Minimum canopy coverage allowed 30% or 68,875 SF Proposed tree preservation 13% or 30,142 SF The developer does not meet minimum canopy coverage required; therefore the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage (68,875 — 30,142) 38,733 SF Multiplier x 1.2 Total replacement 46,480 SF Total number of trees to be planted 43 trees (46,480 =1089) The total number of trees required for the development is 43. The applicant has proposed a total of 56 trees. All replacements must meet minimum size requirements. No more than one-third of the trees may be from any one species. The applicant is proposing 44 transplanted evergreens and 12 deciduous trees for reforestation on site. Taking the ordinance requirements into consideration, only 14 of the evergreens can count towards reforestation. The other 29 trees, of the 43 required, must be species other than spruce. Therefore, the applicant must increase the number of deciduous trees, specified in the landscaping plan as ash, linden, oak, maple or honeylocust, to 29 The subdivision is also required to have buffer yard plantings along Powers Boulevard and Lake Lucy Road. Requirements are as follows: Location Required Proposed Powers Blvd. — buffer 16 overstory trees 19 overstory yard B — 20' width 24 understory trees 42 understory 800' length 40 shrubs 0 shrubs Lake Lucy Road 4 overstory trees 4 overstory Buffer yard B —15' 6 understory trees 3 understory width 11 shrubs 0 shrubs 180' length The applicant must increase buffer yard plantings to meet minimum ordinance requirements. The applicant has proposed a 4' berm along Powers Boulevard on top of which would be placed transplanted evergreens. The berm starts at the base of the 19 existing deciduous trees. Tree protection fencing must be installed around those trees before grading commences. G1Plan\SA\Budwood 2nd\BwIwood 2nd pwUmAm Burlwood 2"d Addition January 26, 2004 Page 6 COMPLIANCE WITH ORDINANCE - RSF DISTRICT SUBDIVISION - FINDINGS The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance if the lot area variances are approved. 2. The proposed subdivision is consistent with all applicable city, county and regional plans, including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. The proposed subdivision will not cause environmental damage; GAP1an\SA\Bw1wood 2nMu lwood 2nd pmlimAm Lot Lot Lot Home Area Width Depth Setback Ordinance 15,000 90' 125' 30' front/rear 10' sides BLOCK 1 Lot 1 13,527 97' 140' 30/30' Comer lot 10' Lot 2 13,182 95' 138.5' 30/30' 10' Lot 3 13,646 98' 148.5' 30/30' 10' SUBDIVISION - FINDINGS The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance if the lot area variances are approved. 2. The proposed subdivision is consistent with all applicable city, county and regional plans, including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. The proposed subdivision will not cause environmental damage; GAP1an\SA\Bw1wood 2nMu lwood 2nd pmlimAm Burlwood 2"d Addition January26, 2004 Page 7 Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. VARIANCE The applicant is requesting an area variance for all three lots. The zoning ordinance requires 15,000 square feet per lot. All three parcels have an area of 13,000 + square feet. These lots exceed width and depth requirements of the Residential Single Family District and can accommodate a 60' x 60' house pad. The applicant submitted three house designs he intends to use on these lots. Staff calculated the hard surface coverage of each of the proposed house pads on the different lots as shown on the table entitled Burlwood Second Addition: GAPIan\SA\BurIwood 2nd\BurIwood 2nd pmlimAm Burlwood 2"d Addition January 26, 2004 Page 8 BURLWOOD SECOND ADDITION Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 Lot Hard Lot Drive % Hard Lot Drive % Hard Area Driveway Surface Area way Surface Area wa Surface 13,52 13,18 13,64 7 22*30 2 22*30 6 22*30 Floor Plan A (2 car garage) 1,178 660 14% 1,178 660 14% 1,178 660 13% Floor Plan B (2 car garage) 1,192 660 14% 1,192 660 14% 1,192 660 14% Floor Plan C (3 car garage) 1,1821 660 1 14% 1,182 660 1 14% 1,182 660 13% VARIANCE FINDINGS The Planning Commission shall not grant a variance unless they find the following facts: L La — lalu Lug peV- 21 057 18,862 75408 18,778 20T70 — 18,694 39s2a U U e 43576 owo w 22232 Shenandoah 7.30079 5,454 e 3 6 ,ess4 30960 20940 �4 25276 39275 e a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre- existing standards without departing downward from them meet these criteria. Finding: The applicant is requesting to create three parcels that can accommodate single family homes but are deficient in area. Staff examined the area within 500 feet. None of these lots have an area of less than 15,000 square feet (lots with areas that exceed 30,000 square feet, have the potential for further subdivision). However, the subject site is unique. 1) An arterial street to the east of the property which required the dedication of 50 feet of right-of-way to the center of the street, which is 20 feet more than standard right-of-way for half of a local street; 2) the dedication of 40 feet of right-of-way to the center of Lake Lucy Road which is 10 feet more than standard right-of-way for half of a local street; and 3) the fact that proposed Golden Glow Court GAMMSA\Burlwood 2nd\Burlwood 2nd pm im.dm Burlwood 2"d Addition January 26, 2004 Page 9 is located on the subject site in its entirety with the exception of a small triangle on Mr. Martinka's property which is connecting this street to the previously dedicated street right-of-way in Golden Glow Acres. Under normal subdivision, the right-of-way would have been divided between the benefiting properties. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are not applicable to properties in the RSF zoning district. The overall development, at the corner of two arterial roads, requires the granting of additional right-of-way at the perimeter, reducing the developable area of the site. C. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The proposed variation will provide a higher income potential through the sale of an additional lot. However, the applicant has assumed responsibility to provide a full city street to all parties abutting the cul-de-sac and stubbing utilities to properties that have the potential for further subdivision. The applicant is requesting a variance to help pay for the expenses associated with these improvements. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The applicant worked diligently with the surrounding neighbors to create a subdivision layout that is acceptable. One of the elements of the overall layout was the street alignment. The street could have been shifted to the west onto the neighboring properties, which would have provided the needed lot area to eliminate the variances. At the request of the neighbor to the west, the applicant located the entire right-of-way on his property (with the exception of a small corner). Additionally, the applicant provided right- of-way for Powers Boulevard and Lake Lucy Road (40 feet in depth, each). This resulted in a smaller developable area. Also, had the road been centered between the property to the west and the subject site, the applicant would have averaged lot sizes of approximately 16,000 sq. feet. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: Approval of the variances will not be detrimental to the public welfare. The site is guided for residential uses. The proposal is in keeping with the land use. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. GAMMSA\Burlwood 2nMmlwood 2nd pmlim.dm Burlwood 2"d Addition January 26, 2004 Page 10 Finding: The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. Based upon these findings, staff is recommending approval of this variance with conditions. RECOMMENDATION Staff recommends the Nanning Gefnfnissi City Council adopt the following motions: PRELE IINARY PLAT "The City Council approves Subdivision 1103-12 for Burlwood 2°d Addition for 3 lots with lot area variances as shown on the plans received October 17, 2003, based upon findings in the staff report and subject to the following conditions: 1. Applicant shall revise the landscape plan to show a minimum of 43 trees to be planted. 2. A minimum of two deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits around all trees proposed to be preserved prior to any grading. 5. All transplanted evergreens must have a warranty for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. 7. 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. 8. Applicant shall plant a minimum of 16 overstory, 24 understory, and 40 shrubs along Powers Boulevard and 4 overstory, 6 understory, and 11 shrubs along Lake Lucy Road. 9. Fire Marshal Conditions: a. One fire hydrant will be required. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrant. b. The new proposed street will be required to have a street name. Submit proposed name to Chanhassen Building Official and Fire Marshal for review and approval. C. A 10 -foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This G1PIan\SA\BwIwood 2nd\Burlwood 2nd pmtim.dm Burtwood 2"d Addition January 26, 2004 Page 11 is to ensure that fire hydrants can be quickly located and operated by firefighters (pursuant to Chanhassen City Ordinance #9-1). d. No burning permits will be issued for tree/shrub disposal. Any trees removed must be removed or chipped on site. 10. Show City Detail Plate Nos. 5300 and 5301. 11. On the grading plan: a. Add a 75 -foot minimum rock construction entrance. b. Revise the grading between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. c. Extend the silt fence around the proposed berm along the east side of Lot 1 and Lot 2. d. Add a bench mark to the plan. e. Show all existing and proposed easements. f. Show the proposed contours for the berm along Powers Boulevard. 12. All disturbed areas shall be resodded or reseeded within two weeks of grading completion. 13. If fill is imported or exported, the applicant will need to supply the City with a haul route plan for approval. 14. The property is subject to sanitary sewer and water hookup charges. The 2003 trunk utility hookup charges are $1,440 per unit for sanitary sewer and $1,876 per unit for water. The 2003 SAC charge is $1,275 per unit. These fees will increase in 2004 and will be collected prior to building permit issuance and are based on the number of SAC units for the new building addition. 15. Relocate the existing storm sewer on the property to within a 20 -foot easement along the shared property line between Lot 1 and Lot 2. 16. Show all existing and proposed easements on the preliminary plat. 17. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 18. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 19. Prior to final platting, site drainage map and calculations will need to be submitted for staff review. The site drainage has to be designed for a 10 -year, 24-hour storm event. 20. Building Official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. GAPlan\SA\Bmlwood 2nd\Bm1wood 2nd pm1im.dm Burlwood 2nd Addition January 26, 2004 Page 12 b. Each lot must be provided with a separate sewer and water service. c. Demolition permits must be obtained before demolishing any structures. 21. The applicant will be required to remove the single family home and the detached two car garage prior to recording the final plat. 22. The applicant shall pay park fees in lieu of land dedication or trail construction on two lots based on the fees in effect at the time of final plat approval. 23. Final plat approval of Burlwood 2nd Addition shall be contingent upon the recording of Burlwood Addition" ATTACHMENTS 1. Findings of Fact 2. Application and Narrative. 3. Memo from Rich Ragatz granting extension of the 60 days to 120 days. 4. Memo from Mak Sweidan, dated November 10, 2003. 5. Memo from Steven Torell, dated November 10, 2003. 6. Notice of Public Hearing. 7. Potential House Plans. 8. Preliminary Plat dated received October 17, 2003. G1PIan\SA\BwIwood 2nd\BwIwood 2nd preBm.dm CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Burlwood 2°d Addition Subdivision #2003-12 On January 6, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Preliminary Plat to Subdivide 40,355 sq. ft. Lot into Three (3) single-family Lots with Variances, Burlwood 2°d Addition. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned RSF, Single -Family Residential. 2. The property is guided in the Land Use Plan for Residential —Low Density (1.2 — 4.0 units per net acre). 3. The legal description of the property is Lot 1, Block 2, Burlwood Addition. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a) The proposed subdivision is consistent with the zoning ordinance; b) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; C) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e) The proposed subdivision will not cause environmental damage; GAP1m\SA\Bur1wood 2nd Findings of Fact.doc f) The proposed subdivision will not conflict with easements of record; and g) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1. Lack of adequate storm water drainage. 2. Lack of adequate roads. 3. Lack of adequate sanitary sewer systems. 4. Lack of adequate off-site public improvements or support systems. 5. The Planning Commission shall not grant a variance unless they find the following facts: a) The applicant is requesting to create three parcels that can accommodate single family homes but are deficient in area. Staff examined the area within 500 feet. None of these lots have an area of less than 15,000 square feet (lots with areas that exceed 30,000 square feet have the potential for further subdivision). b) The conditions upon which this variance is based are applicable to properties in the RSF zoning district. The overall development, at the comer of two arterial roads, requires the granting of additional right-of-way at the perimeter, reducing the developable area of the site. c) The proposed variation will provide a higher income potential through the sale of an additional lot. However, the applicant has assumed responsibility to provide a full city street to all parties abutting the cul-de-sac and stubbing utilities to properties that have the potential for further subdivision. The applicant is requesting a variance to help pay for the expenses associated with these improvements. d) The applicant worked diligently with the surrounding neighbors to create a subdivision layout that is acceptable. One of the elements of the overall layout was the street alignment. The street could have been shifted to the west onto the neighboring properties, which would have provided the needed lot area to eliminate the variances. At the request of the neighbor to the west, the applicant located the entire right-of-way on his property (with the exception of a small comer). Additionally, the applicant provided right-of- way for Powers Boulevard and Lake Lucy Road (40 feet in depth, each). This resulted in a smaller developable area. Also, had the road been centered between the property to the west and the subject site, the applicant would have averaged lot sizes of approximately 16,000 sq. feet. e) Approval of the variances will not be detrimental to the public welfare. The site is guided for residential uses. The proposal is in keeping with the land use. G1FIan\SA\Burlwood 2nd\Findings of Facfdoc f) The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. 6. The planning report #2003-12, dated January 6, 2004, prepared by Sharmin A]-Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Preliminary Plat with variances. ADOPTED by the Chanhassen Planning Commission this 6'" day of January, 2004. CHANHASSEN PLANNING COMMISSION BY: Uli Sacchet, Chairman 6:T1=\SA\Bur1wood 2nd\Findings of Faudoc CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952)227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: cI^ KQ94f-L or Ep:c OWNER: LC4 k.fl y Kerber ADDRESS: 3 `i `I I Sy Pa l Ave M: Irl 4IP i1 ,f MN S5_414 r TELEPHONE (Day time) (= I L) 7 3 o - I P I y ADDRESS: 6 LIZ O Po w Qr f L&& j X40_ 1,4jft.t A, A/ Sf317 TELEPHONE: ( 9 SZ 'I -7!j _ '1 -7 10 Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of ROW/Easements Interim Use Permit >( Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development* _ Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review' X Escrow for Filing Fees/Attomey Cost" ($50 CUP/SPRNACNAR/WAP/Metes and Bounds, $400 Minor SUB) Subdivision' TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. 6,- f I n. Z Building material samples must be submitted with site plan reviews. 'Twenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet " Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME Lr IL -00 , 1" 4j, 1: LOCATION 6750 Po ti, e P.J 0114 LEGAL DESCRIPTION S e e Y ; PL -0-** Z S 00 2 1 0 —D TOTAL ACREAGE S,1 WETLANDS PRESENT YES NO PRESENT ZONING L. 9e.7 C. (—,/ r e S;1 t_ /, ` I/ REQUESTED ZONING L Oe., c i'< ( - j , _ i.' PRESENT LAND USE DESIGNATION 1a_ s f a r < 1 • `J 4.-) k: / REQUESTED LAND USE DESIGNATION f der. f L _ /' . 1 ',{n /. - a % REASON FOR THIS REQUEST 5 l -t � •- d e S o_ yt �n P w i A o A' s:} e E o Io _jet I - ] S: le-�an.;lY ref-`de.w{-:dI This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Application Received on Fee Paid «< 16/1-) /03 Date DDat?Itd Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. PRELIMINARY PLAT APPLICATION (1) Identification and Description a. Proposed name of the subdivision is: Burlwood b. Legal Description: That part of the Northwest Quarter of the Southwest Quarter of Section 2, Township 116 North, Range 23 West of the 5`s Principal Meridian, lying westerly of the centerline of County State Aid Highway 17. Excepting there from the four following described parcels of land. Exceptions: 1. The South 434.00 feet of the above described property 2. The North 240.00 feet of the South 674.00 feet of the West 215.00 feet of said Northwest Quarter of Southwest Quarter 3. The North 230.00 feet of the South 904.00 feet of the West 190.00 feet of said Northwest Quarter of the Southwest Quarter 4. That part of the West 200.00 feet of said Northwest Quarter of the Southwest Quarter, lying northerly of the South 904.00 feet of said Northwest Quarter of the Southeast Quarter. c. Current Owner/Seller: Larry & Kathy Kerber 6420 Powers Boulevard Excelsior, MN 55331 d. See attached plans for scale e. See attached plans for north arrow f. Date of Preparation: October 17, 2003 (2) Existing Conditions: a. See attached plans for boundary lines of proposed subdivision b. Existing zoning classification for land within and abutting the subdivision is: Residential - Low Density (Net Density Range 1.2 - 4 u/Acre) c. Total site size is 5.17 acres or 225,058 square feet and 3.995 net acres (excludes Powers Blvd and Lake Lucy right-of-way); Lot sizes are as follows and the dimensions are on the Preliminary Plat: Chanhassen, MN 55317 Developer/Buyer: Richard Ragatz Epic Development, LLC 3441 St. Paul Avenue Minneapolis, MN 55416 Land Surveyor: Thomas Hodorff Harry S. Johnson Co., Inc. 9063 Lyndale Avenue South Bloomington, MN 55420 Engineer/ Designer of the Plat: Perry Ryan, P.E. Ryan Engineering 434 Lake Street Excelsior, MN 55331 d. See attached plans for scale e. See attached plans for north arrow f. Date of Preparation: October 17, 2003 (2) Existing Conditions: a. See attached plans for boundary lines of proposed subdivision b. Existing zoning classification for land within and abutting the subdivision is: Residential - Low Density (Net Density Range 1.2 - 4 u/Acre) c. Total site size is 5.17 acres or 225,058 square feet and 3.995 net acres (excludes Powers Blvd and Lake Lucy right-of-way); Lot sizes are as follows and the dimensions are on the Preliminary Plat: Lot 1: 13,527 square feet Lot 2: 13,182 square feet Lot 3: 13,646 square feet Average Lot Size For Entire Subdivision = 16,584 square feet d. See the attached ALTA and Topographic Survey for details. The site does not have any existing streets, however, there is a platted cul-de-sac that dead -ends along the subject's southern boundary called Golden Glow Court. There are two structures on the subject property, which are a single family home and a detached two -car garage that should be demolished prior to construction. e. Starting with the parcel adjacent to the west of the subject and along Lake Lucy Road: Jon & Laurie Steckman at 1215 Lake Lucy Road; adjacent to the west and just south of the Steckman's is Bob & Ethelyn Christensen at 6648 Powers Blvd (he plans to subdivide in the Spring of 2004); adjacent to south of Christensen's is Bob & Diane Martinka at 6650 Powers Blvd (they have talked about subdividing with the neighbors a couple years ago, however, they currently are saying they have no interest); immediately south of subject is Carol Egyhazi at 6720 Powers Blvd; and abutting the proposed cul-de-sac to the west is Michael & Margaret Cuccia at 6722 Powers Blvd. f. See attached Topographic Survey for details g. Location, size and approximate grade of proposed public sewer and water mains are as follows: h. See following soil -boring report completed by GME Consultants and dated June 2, 2003. i. See attached utility plan for details. j. The location of the wetland is detailed on the ALTA and Topographic Survey. The wetland was identified in the enclosed Wetland Delineation Report completed by GME Consultants and dated May 22, 2003. The area of the wetland totals 5,963 square feet. k. The property is not within the Bluff Creek Overlay District. (3) Proposed Design Features: a. See attached street plan for details. b. There will not be any pedestrian ways due to the size of the site. See Utility plan and ALTA Survey for utility easement details. c. See enclosed land plan for details. d. Minimum setback lines are shown on the enclosed land plan. e. There are no areas intended to be dedicated or reserved for public use due to the site size. f. See attached Utility plan for details. g. The site is not a recorded plat. (4) Supplementary Information: a. The proposed land plan shows a total of 9 single -family lots that are projected to have homes priced between $350,000 to $550,000. This is a small and low-density development that should have minimal impact on traffic, additional fire hazards, or population density. b. No proposed protective covenants, however, we are preserving through design and transplanting, as many trees as physically possible. c. See attached Drainage plan for details. d. See attached Grading plan for details. e. No zoning changes proposed. f. Subdivider does not own any adjacent land. g. See attached soil erosion and sediment control plan. In. See attached vegetation preservation and protection plan for details. We have thoughtfully designed the proposed plan so that as many of the mature trees as possible can be preserved. The ones that cannot be preserved due to construction will be transplanted wherever possible. It should be noted that we are tying into the existing elevation along Martinka's property boundary and will not be filling or cutting more than 3 feet within 10 feet of this property line. Therefore, we feel that there should be no adverse impact to Martinka's property and we think that we have done everything in our power to protect adjacent properties. i. The required variance for Burlwood 2°d Addition is: 1. Lots 1-3 Block 2 do not meet the 15,000 square foot minimum lot size. Having three lots that do not meet the minimum lot size is justified for several reasons: 1. Looking at the overall Burlwood subdivision, the development and lots meet the spirit of the zoning code with frontage widths of over 90 feet each and an average lot size of approximately 16,500 square feet. It just happens that the three southern lots are approximately 1,500 square feet less than the minimum. 2. These southern lots would meet the minimum lot size if the road and right-of-way were not entirely on the Kerber parcel and more equitably shared along with the easement agreement with Carol Egahazi that would give an additional 17 feet along the southern boundary of the Kerber parcel, if I wanted to enforce that agreement. The road has been moved as far east of Kerber's western property line in order to save as many mature trees as possible. Moving the road should result in a savings of up to 6 mature trees (this is a hardship!). 3. All three of these lots still have a 60 x 60 building pad so the resulting homes, especially in the $350,000 to $550,000 price range will easily fit on these lots. Much more expensive homes are being built on far smaller lots and frontage widths. I will have an example of the footprint and home for these lots at the Planning Commission and City Council meeting. 4. I am solving a problem created back in 1995-96 that is who benefits and who pays. I have 5 lots that benefit from the cul-de-sac out of a total of 14 lots, which is approximately 33% of the benefit, and I am willing to pay for all of the cost of building the road and cul-de- sac. The lots south of the site would argue to the bitter end that they do not benefit and, therefore, are not going to pay. The road also makes the southern lots less desirable due to double and triple frontage. I know this reason is an economic reason, however, it solves a potentially sticky problem and helps defray the significant increase cost to me. The subject site and surrounding under -developed parcels make designing a subdivision that allows future development a challenge. We have several alternative 8 and 9 lot layouts that would not require any variances, however, these layouts would not provide access and conform to the Golden Glow Court cul-de-sac designed and platted in 1995. As a result, we feel that our land plan preserves the most trees, improves public safety (concentrates ingress/egress to Powers Boulevard on a public street verses a private drive), and allows adjacent under -developed parcels to subdivide in the future via connecting to the road/future cul-de-sac. j. For the water distribution system see attached k. All meet minimum City Code requirements. 1. Such other info requested by City. Due to the controvercy of the subject property and surrounding area (Golden Glow Acres development), development agreements can be made available upon request. in. Due to the size of the site and minimal number of units, no photo composite images or artistic renderings have been provided. MEMORANDUM To: Sharmeen AWaff, Senior Planner From: Rich Ragatz of Epic Development RE. Burlwood 2nd Addition Subdivision Sharmeen: As a follow-up to our recent conversation, i am granting an granting a 60 day extension to my application and requesting that the .Burlwood 2"d Addition be rescheduled for December 2"d, 2003 Planning Commission meeting. Please let me know if you have questions or any additional comments. Thanks again for all your hard work! Sincerely, Rich Ragatz Epic Development, LLC (612) 730-2814 0 MEMORANDUM CITY OF 2003, I offer the following comments and recommendations: CHANHASSEN TO: Sharmeen Al-Jaff, Senior Planner 7700 Market Boulevard FROM: Mak Sweidan, Engineer PO Box 147 GRADING, DRAINAGE & EROSION CONTROL Chanhassen, MN 55317 DATE: November 10, 2003 Administration SUBJ: Preliminary Plat Review of Burlwood 2od Addition Phone: 952.227.1100 Fax: 952.227.1110 File No. 03-21 LUR Building Inspections Phone: 952.227.1180 Upon review of the preliminary plat prepared by Ryan Engineering, received Oct. 17, Fax: 952.227.1190 2003, I offer the following comments and recommendations: Engineering No public utility lines have been proposed with this project. The lots will be serviced Phone: 952.227.1160 with Private sewer and water service stubs from the public utility lines that will be Fax: 952.227.1170 GRADING, DRAINAGE & EROSION CONTROL Finance The plans show three proposed lots. The grading plan proposes to grade approximately Phone: 952.227.1140 Fax: 952.227.1110 the whole site to develop three house pads and driveways. If importing or exporting materials for development of the site is necessary, the applicant will need to supply the Park & Recreation City with a haul route for review and approval prior to the site grading commencing. Phone: 952.227.1120 against the parcel at the time of building permit issuance. Fax: 952.227.1110 The portion of the existing storm sewer line that goes through Lots 1 and 2 must be Recreation Center replaced and realigned over the shared property line between Lot 1 and Lot 2. A 2310 Courter Boulevard minimum 20 -foot wide public drainage and utility easement is required over the storm Phone: 952.227.1400 Fax: 952.227.1404 sewer. In addition, the din plan needs to be revised between Lot 1 and Lot 2 to avoid grading draining stormwater toward the Lot 1 house pad. Planning 8 Natural Resources Erosion control measures and site restoration must be developed in accordance with the Phone: 952.227.1130 City's Best Management Practice Handbook (BMPM. Staff recommends a rock Fax: 952.227.1110 construction entrance be used and shown on the plans. The silt fence must be extended Public Worts around the proposed berm along the east side of proposed Lots 1 and 2. In addition, tree 1591 Park Road preservation fencing should be denoted on the grading plan. Phone: 952.227.1300 Fax: 952.227.1310 Senior Center UTILITIES Phone: 952.227.1125 Fax: 952.227 1110 No public utility lines have been proposed with this project. The lots will be serviced with Private sewer and water service stubs from the public utility lines that will be Web Site www.crchanhassen.mn.us installed with the first addition. The sanitary sewer and water hookup charges will be applicable for each lot. The 2003 trunk sanitary sewer hookup charge is $1,440 per unit and the trunk watermain hookup charge is $1,876 per unit. The 2003 SAC charge is $1,275 per unit. All of these charges are based on the number of SAC units assigned by the Met Council. Sanitary sewer and water hookup fees may be specially assessed against the parcel at the time of building permit issuance. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A genal place to live, work, and play. Sharmeen Al-Jaff December 19, 2003 Page 2 STREETS No public street improvement is proposed. The site is proposed to be accessed via the new public street "Golden Glow Court" along the west side of the lots. RECOMMENDED CONDITIONS OF APPROVAL 1. Show City Detail Plate Nos. 5300 and 5301. 2. On the grading plan: a. Add a 75 -foot minimum rock construction entrance. b. Revise the grading between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. c. Extend the silt fence around the proposed berm along the east side of Lot 1 and Lot 2. d. Add a bench mark to the plan. e. Show all existing and proposed easements. f. Show the proposed contours for the berm along Powers Boulevard. 3. All disturbed areas shall be resodded or reseeded within two weeks of grading completion. 4. If fill is imported or exported, the applicant will need to supply the City with a haul route plan for approval. 5. The property is subject to sanitary sewer and water hookup charges. The 2003 trunk utility hookup charges are $1,440 per unit for sanitary sewer and $1,876 per unit for water. The 2003 SAC charge is $1,275 per unit. These charges are collected prior to building permit issuance and are based on the number of SAC units for the new building addition. 6. Relocate the existing storm sewer on the property to within a 20 -foot easement along the shared property line between Lot 1 and Lot 2. 7. Show all existing and proposed easements on the preliminary plat. 8. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 9. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 10. Prior to final platting, site drainage map and calculations will need to be submitted for staff review. The site drainage has to be designed for a 10 -year, 24- hour storm event. c: Matt Saam, Acting Public Works Director/City Engineer g:\engVwjecn+w1wood21 dppr.doc TO: Sharmin Al-Jaff, Senior Planner / FROM: Steven Torell, Building Official G DATE: November 10, 2003 SUBJ: Site Plan review for: Burlwood 2°d Addition Planning Case: 2003-12 SUB I have reviewed the plans for the for the above development and have the following conditions: 1. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 2. Each lot must be provided with a separate sewer and water service. 3. Demolition permits must be obtained before demolishing any structures. G/mf*/sUmaws/p1anBur1wood2° Addilion CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on December 26, 2003, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of A Request for a Preliminary Plat to replat one lot ito 3 single family lots with variances, located at 6700 Powers Blvd., Burlwood 2°d Addition, to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Kdren J. E ge hardt, IMputy Clerk Subscribed and sworn to before me this _ day of 12003. Notary Public gAengiforms\affidavit.doc NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, JANUARY 6, 2004 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Preliminary Plat to replat one lot APPLICANT: Epic Development LLC into 3 single family lots with variances LOCATION: 6700 Powers Blvd. Burlwood 2nd Addition NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Epic Development LLP, is requesting a preliminary plat to replat one lot (40,355 sq. ft.) into 3 single family lots with variances, located at 6700 Powers Boulevard, Burlwood 2nd Addition. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1134 or e-mail saljaff@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on December 25, 2003. City Review Procedure Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments, Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. Staff prepares a report on the subject application. This report includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. gAplanVom Veview procedure 00915 aasel ANDREW B & SUSAN L AKINS 6699 MULBERRY CIR E CHANHASSEN MN 55317-8409 BRUCE & JULIE MAYER 6693 MULBERRY CIR E CHANHASSEN MN 55317-8409 CHARLES E & LAURAL R JOHNSON 1100 LAKE LUCY RD CHANHASSEN MN 55317-8675 DAVID F SMITH & LAURA L FRANZEN-SMITH 5770 KELSEY DR EXCELSIOR MN 55331-8588 DUANE H & MONA R UDSTUEN 6636 MULBERRY CIR E CHANHASSEN MN 55317-8408 HELEN JACQUES C/O A SUZETTE LEIZINGER 16010 EXCELSIOR BLVD MINNETONKA MN 55345-5408 JEFFREY N & MELISSA A ELDER 6696 MULBERRY CIR E CHANHASSEN MN 55317-8408 JENNIE A HAYS 6691 POWERS BLVD CHANHASSEN MN 55317-9513 KEITH DOUGLAS TRASK & ELGAH MOJOKO TRASK 6770 CHAPARRAL LN CHANHASSEN MN 55317-9222 LAWRENCE & KATHLEEN KERBER 6420 POWERS BLVD CHANHASSEN MN 55317-9434 @0915 iol aaeldwaa ash BEDDOR ENTERPRISES LP 7951 POWERS BLVD CHANHASSEN MN 55317-9502 CAROL J EGYHAZI 6720 POWERS BLVD CHANHASSEN MN 55317-9548 CHRISTOPHER SCOTT EIMAN 1206 LAKE LUCY RD CHANHASSEN MN 55317-9433 DAVID M & COLLEEN B RONNEI 6666 MULBERRY CIR E CHANHASSEN MN 55317-8408 E SAMUEL CHASE III 6621 ARLINGTON CT CHANHASSEN MN 55317-7506 JAMES ERIK & PATRICIA JOHANSON 6500 PEACEFUL LN CHANHASSEN MN 55317-9510 JEFFREY ROBERT SMITH & CAROLYN WELDON SMITH 6601 ARLINGTON CT CHANHASSEN MN 55317-7506 JOHN P & BARBARA J SPIESS 6610 ARLINGTON CT CHANHASSEN MN 55317-7506 KEVIN L & JULIE A GRAFFT 6726 POWERS BLVD CHANHASSEN MN 55317-9548 LAYTON B & MADELYN L PAINE 1092 SHENENDOAH CIR CHANHASSEN MN 55317-9542 slagel ssaippv aAU3AV a BRENT & KARLA WENNERSTROM 6790 CHAPARRAL LN CHANHASSEN MN 55317-9222 CARVER COUNTY CARVER COUNTY GOVT CTR -ADMIN 600 4TH ST E CHASKA MN 55318-2102 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317-0147 DAVID P SMITH & JULIA A SIMENSON-SMITH 6724 POWERS BLVD CHANHASSEN MN 55317-9548 GERALD A JR & DENISE M FEDIE 6800 UTICA CIR CHANHASSEN MN 55317-9514 JAMES P MANDERS 6791 CHAPARRAL LN CHANHASSEN MN 55317-9223 JEFFREY W & LAURA A BROS 6771 CHAPARRAL LN CHANHASSEN MN 55317-9223 JON G & LAURIE P STECKMAN 1215 LAKE LUCY RD CHANHASSEN MN 55317-9433 KEVIN L ANDVIK & TONETTE F CLINE-ANDVIK 6606 MULBERRY CIR E CHANHASSEN MN 55317-8408 LESTER F III & JUDY L BOLSTAD 1101 LAKE LUCY RD CHANHASSEN MN 55317-8676 Wls;aa45 Paaj 410OWS 0091S Jasel MARY ELIZABETH MARTIN 6620 ARLINGTON CT CHANHASSEN MN 55317-7506 MICHAEL A WANNER & SCOTT HEGEL 1180 LAKE LUCY RD CHANHASSEN MN 55317-8675 PAUL A & SHERYLL A KREUTER 1090 CARVER BEACH RD CHANHASSEN MN 55317-9529 REMIGIJUS KLYVIS 6780 CHAPARRAL LN CHANHASSEN MN 55317-9222 ROBERT J BOE 6801 UTICA CIR CHANHASSEN MN 55317-9514 RONNIE K & TERESA M HAGEN 1200 LAKE LUCY RD CHANHASSEN MN 55317-9433 RUSSELL J & BONNIE G SIAKEL 6703 MULBERRY CIR E CHANHASSEN MN 55317-8407 STEVEN L & PATRICIA A PAUL 1031 CARVER BEACH RD CHANHASSEN MN 55317-9529 TERRANCE E & DEBRA J BLACK 6511 WELSLEYCT CHANHASSEN MN 55317-7505 TODD W & TERESA E DECKARD 6611 ARLINGTON CT CHANHASSEN MN 55317-7506 MATTHEW G & LISA L KLING 6683 MULBERRY CIR CHANHASSEN MN 55317-8409 MICHAEL J CUCCIA & MARGARET J CUCCIA 6722 POWERS BLVD CHANHASSEN MN 55317-9548 PAUL D & ANNE M KAPSNER 6635 MULBERRY CIR E CHANHASSEN MN 55317-8409 RICHARD C ERSBO 6665 MULBERRY CIR E CHANHASSEN MN 55317-8409 ROBERT MYRON AHRENS JR & PATRICIA M AHRENS 1081 LAKE LUCY RD CHANHASSEN MN 55317-8678 ROY R & JACQUELINE B ANDERSON 6695 MULBERRY CIR E CHANHASSEN MN 55317-8409 SCOTT J & JESSICA FREDRICKSON 6681 POWERS BLVD CHANHASSEN MN 55317-9513 SUSAN K ARNDT 6520 W ELSLEY CT CHANHASSEN MN 55317-7505 THOMAS K & ANNE H MCGINN 1121 LAKE LUCY RD CHANHASSEN MN 55317-8676 WILLIAM & JULIEANN INFANGER 6740 POWERS BLVD CHANHASSEN MN 55317-9548 slagel ssaippV ®A219AV MATTHEW H & SANDRA L HARDY 6800 CHAPARRAL LN CHANHASSEN MN 55317-9224 NICHOLAS M & JUDY A JACQUES 1214 LAKE LUCY RD CHANHASSEN MN 55317-9433 PETER J & CYNTHIA L MILLER 6605 MULBERRY CIR E CHANHASSEN MN 55317-8409 ROBERT E & DIANE L MARTINKA 6650 POWERS BLVD CHANHASSEN MN 55317-9513 ROBERT R & ETHELYN CHRISTENSEN 6648 POWERS BLVD CHANHASSEN MN 55317-9513 RUSSELL G KOHMAN 6730 POWERS BLVD CHANHASSEN MN 55317-9548 STEVEN J & DEBORAH MANNING 6687 MULBERRY CIR E CHANHASSEN MN 55317-8409 SYLVESTER & MARY ROERICK 6600 ARLINGTON CT CHANHASSEN MN 55317-7506 THOMAS M & DEBRA J GIVEN 6521 WELSLEY CT CHANHASSEN MN 55317-7505 WILLIAM R & JEAN KTOUPIN 6781 CHAPARRAL LN CHANHASSEN MN 55317-9223 ®0915 joi aleldwal ash Wislaays paaj yloows p09Ls aasel RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 ®o9ls jo; aleldwal asn slagel ssaippy ®AU3AV Qd Wlslaays p881 yloows NOTICE OF PUBLIC HEARING PROPOSED SUBDIVISION #2003-12 WITH VARIANCES CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 6, 2004, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider the application of Epic Development LLC, requesting Preliminary Plat to replat one lot (40,355 sq. ft.) into 3 single family lots with variances, located at 6700 Powers Boulevard, Burlwood 2°d Addition. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. 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(9 'IGfifes ,cy, e1A•'a,c• �_ �'� � q" talc, fl a � UND L O UL Roo WVL wl w r eDM z w - w 7 0 Planco Ina _�' �+61�9�M14aG � W z% C :a03 30NMIS38 'I Aanenson, Kate From: Brian.Lundquist@conagrafoods.com Sent: Sunday, January 25, 2004 11:37 AM To: tgerhardt@ci.chanhassen.mn.us; kaanenson@ci.chanhassen.mn.us Subject: FW: Burlwood 2nd Addition. Jan 26, 2004 Council meeting. Something you will need to be prepared to respond to before or during Monday meeting. Brian -----Original Message ----- From: gerald w paulsen [mailto:paulseng@juno.com] Sent: Saturday, January 24, 2004 5:10 PM To: mayor@ci.chanhassen.mn.us Cc: blundquist@ci.chanhassen.mn.us; slabatt@ci.chanhassen.mn.us; rayotte@ci.chanhassen.mn.us; cpeterson@ci.chanhassen.mn.us Subject: Burlwood 2nd Addition. Jan 26, 2004 Council meeting. Mayor Furlong and Council members: The developer of this subdivision is proposing three RSF lots, all of which do not meet code for lot size. Code requires a minimum of 15000 sq ft. Lot 1 at 13527 sq ft would be 1473 sq ft less than code (9.8%) Lot 2 at 13182 sq £t would be 1818 sq ft less than code (12.1%) Lot 3 at 13646 sq ft would be 1354 sq ft less than code (9.08). We contend that a subdivision into two lots is reasonable. The staff report (Subdivision - Findings) states: 1. "The subdivision meets all the requirements of RSF ... and the zoning ordinance IF the lot area variances are approved." Comment: Obviously, any proposal could meet ordinance IF a variance is approved. 2. "The proposed subdivision is consistent with the comprehensive plan and the subdivision ordinance." Comment: This statement is false! The proposed subdivision is NOT consistent with code. The staff report (Variance Findings) states that a variance can be given (if a developer meets ALL requirements required by code; Sec. 20-58), specifically: a. The literal enforcement of code would cause an undue hardship. Comment: The developer would NOT be subjected to an undue hardship if limited to two lots because it would still be a reasonable subdivision. All lots within 500 feet have areas of 15000 sq ft or greater. Approving lots under 15000 sq ft would violate the criteria for the variance because it would depart downward from preexisting standards. b. The conditions for a variance are not applicable to other property within the same zoning. Comment: This subdivision is NOT at the corner of two arterial roads as stated by Staff. It is next to one arterial road (Powers Blvd.) and one proposed public street. The conditions for a variance ARE applicable to other property within the same zoning. Many RSF developable properties are on an arterial road. 1 C. The purpose of the variation is not based upon a desire to increase the value or income potential of land. Comment: Blatantly false, three lots are worth more than two! d. The alleged difficulty or hardship is not self-created. Comment: It is self-created because the developer wants the profit from three lots instead of two. It was the developer's choice to develop in this manner. The developer does NOT meet ALL requirements for a variance as required by code. Approving lots 9 to 12 percent less that required by code will encourage other developers to expect similar variances. The city should adhere to code. It is reasonable to subdivide this property into two lots instead of three undersized lots. For additional rational on why the variances should not be approved, see the minutes from the Jan. 6 Planning Commission meeting, particularly Commissioner Lillehaug's comments beginning on page 19. Cordially, Jerry & Jan Paulsen 934-7032 A • Planning Commission Oirnary — January 6, 2004 Public Present: Name Address • c)L4,c;Z Bob Martinka 6650 Powers Boulevard Rich Ragatz Minneapolis Sharmeen Al-Jaff presented the staff report on this item. Commissioner Claybaugh asked staff to provide history on the placement of Golden Glow Court. Commissioner Feik asked for an update on access to the neighboring properties to this site. Commissioner Slagle asked about the status of the Burlwood First Addition. Commissioner Lillehaug asked for clarification on the location of the right-of-way line for Powers Boulevard and the underground storm sewer retention system. Commissioner Papke asked staff to explain if there was any precedent in granting a variance as a result of the right-of-way dedication by the developer. Chairman Sacchet asked what the maximum number of lots that could be subdivided on the adjoining properties and precedence for further subdivision, tree presentation, and lot sizes. The applicant, Rich Ragatz with Epic Development, stated his belief that the end result is a win/win situation for everybody. For the city, for the neighbors and for the developer. The city gets to have their street put in the way they want it and they have improved public safety as a result. The neighbors have something that's the least impacting physically and economically because he's going to be paying for the street, and in the end he gets an approved development that he can begin in the springtime. Chairman Sacchet asked the applicant to clarify his plan for transplanting and adding trees and the agreement with the Egyhazi property, that is no longer being implemented. Chairman Sacchet opened the public hearing. Debbie Lloyd, 7302 Laredo Drive reviewed the city code relating to hardship. She felt that creating 3 lots with 13,000 square feet departs downward from the standard of the developments within 500 feet. She stated findings in the staff report relating to city code and the subdivision is inconsistent with zoning ordinance, contrary to what it says is consistent. She also felt the numbers for hard surface coverage were inaccurate. Chairman Sacchet closed the public hearing. Commissioner Claybaugh stated he was still troubled somewhat by the fact that Golden Glow Court wasn't located on the property line. Commissioner Feik stated generally he supported the application and provided some historical background on the road alignment. Commissioner Tjomhom stated since no one from the neighborhood spoke either for or against the project, the developer had done his due diligence to accommodate their requests. Chairman Sacchet stated he had received a letter from a neighbor expressing support for a 2 lot split versus 3 lot split. He did qualify that by 7 Planning Commission *unary — January 6, 2004 • saying the letter was received 2 months ago so he didn't know if that opinion was still accurate. Commissioner Papke reminded the commission that if Golden Glow was shifted to the west to bring these lots in conformance, the net density of the entire area wouldn't change. Commissioner Lillehaug stated his position of not supporting this application had not changed since the last time when they saw Burlwood First Addition. He compared this subdivision proposal to that of Mr. Rossavik, which the Planning Commission denied and cited variance findings that have not been met. Chairman Sacchet stated he was struggling with the application as well, but felt this Planning Commission should make a decision so that future Planning Commissions, staff and residents would not have to deal with it. The Planning Commission has an opportunity here to close a loop with the road system, and that's what they should be working towards. Claybaugh moved, Feik seconded that the Planning Commission recommends approval of Subdivision #03-12 for Burlwood 2nd Addition for 3 lots with lot area variances as shown on the plans dated received October 17, 2003, based upon the findings in the staff report and subject to the following conditions: I. Applicant shall revise the landscape plan to show a minimum of 43 trees to be planted. 2. A minimum of two deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits around all trees proposed to be preserved prior to any grading. 5. All transplanted evergreens must have a warranty for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. 7. 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. 8. Applicant shall plant a minimum of 16 overstory, 24 understory, and 40 shrubs along Powers Boulevard and 4 overstory, 6 understory and 11 shrubs along Lake Lucy Road. 9. Fire Marshal conditions: a. One fire hydrant will be required. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrant. 3 Planning Commission Simary — January 6, 2004 b. The new proposed street will be required to have a street name. Submit proposed name to Chanhassen Building Official and Fire Marshal for review and approval. C. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and operated by firefighters (pursuant to Chanhassen City Ordinance #9-1). d. No burning permits will be issued for tree/shrub disposal. Any trees removed must be removed or chipped on site. 10. Show City Detail Plat Nos. 5300 and 5301. 11. On the grading plan: a. Add a 75 foot minimum rock construct entrance. b. Revise the grading between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. C. Extend the silt fence around the proposed berm along the east side of Lot 1 and Lot 2. d. Add a benchmark to the plan. e. Show all existing and proposed easements. I. Show the proposed contours for the berm along Powers Boulevard. 12. All disturbed areas shall be resodded or reseeded within two weeks of grading completion. 13. If fill is imported or exported, the applicant will need to supply the city with a haul route plan for approval. 14. The property is subject to sanitary sewer and water hookup charges. The 2003 trunk utility hookup charges are $1,440 per unit for sanitary sewer and $1,876 per unit for water. The 2003 SAC charge is $1,275 per unit. These fees will increase in 2004 and will be collected prior to building permit issuance and are based on the numbers of SAC units for the new building addition. 15. Relocate the existing storm sewer on the property to within a 20 foot easement along the shared property line between Lot 1 and Lot 2. 16. Show all existing and proposed easements on the preliminary plat. 17. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 4 Planning Commission &Mary —January 6, 2004 • 18. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 19. Prior to final platting, site drainage map and calculations will need to be submitted for staff review. The site drainage has to be designed for a 10 year, 24 hour storm event. 20. Building Official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. C. Demolition permits must be obtained before demolishing any structures. 21. The applicant will be required to remove the single family home and the detached two car garage prior to recording the final plat. 22. The applicant shall pay park fees in lieu of land dedication or trail construction on two lots based on the fees in effect at the time of final plat approval. 23. Final plat approval of Burlwood 2°d Addition shall be contingent upon the recording of Burlwood Addition. All voted in favor, except Lillehaug who opposed, and the motion carried with a vote of 6 to 1. Chairman Sacchet summarized that there was not necessarily full agreement in the Planning Commission recommending approval. However the majority of the Planning Commission felt that this was an equitable way to resolve a rather difficult inherited situation in this particular neighborhood. There is a hardship in terms of fulfilling the agreements that have been made 8-9 years ago. Between the full road construction falling on the shoulders of the developer, including providing the land, the actual building, cost, including building the Golden Glow Circle to the south, that this is a very unique situation combined with all the easements that are encumbering this property on several sides. As such it's a totally unique situation and can state clearly that this is not creating a precedent. The Planning Commission also established that the surrounding properties could not subdivide into additional lots so it's not changing the envisioned density in that neighborhood than what was originally envisioned. Commissioner Lillehaug added that the council should consider not allowing the small lots because he did not feel a hardship had been presented by the applicant. The hardship was self created. The applicant chose to move forward with the platting of this property without all of the adjacent properties and being able to shift that road over. Chairman Sacchet stated one other factor was putting a stop to an awkward situation that has been perpetuated for a while. M Planning Commission i eeeting — January 6, 2004 0 C)4'02 Feik: I move the Planning Commission recommend approval of the 2004-2008 capital improvement plan and find the plan to be consistent with the comprehensive plan. Sacchet: We have a motion. Is there a second? Papke: Second. Feik moved, Papke seconded that the Planning Commission recommends approval of the 2004-2008 Capital Improvement Plan and finds the plan to be consistent with the comprehensive plan. All voted in favor and the motion carried unanimously with a vote of 7 to 0. PUBLIC HEARING: REQUEST FOR PRELEWNARY PLAT APPROVAL TO REPLAT ONE LOT Public Present: Name Address Bob Martinka 6650 Powers Boulevard Rich Ragatz Minneapolis Sharmeen Al-Jaff presented the staff report on this item. Sacchet: Thank you Sharmeen. Any questions commissioners? Claybaugh: Yeah, I have a question. Sacchet: You want to start Craig? Claybaugh: Can you give a little history to why Golden Glow Court was not located on the property line? AI -Jaffa You mean. Claybaugh: Right, you said under normal circumstances. Al -Jaffa Correct. Claybaugh: The right-of-way would be located on the property line. Al -Jaffa If you remember with the first addition when Burlwood came in, one of the scenarios that was presented to the Planning Commission was a cul-de-sac that would 7 Planning Commission Ating — January 6, 2004 • terminate at this point until the future subdivision of Mr. Martinka and Mr. Christensen subdivision. The Planning Commission directed the applicant to work with the property owners and see if this entire right-of-way could be extended. Part of the agreement that Mr. Ragatz, the applicant for Burlwood, reached with Mr. Martinka and Christensen is the fact that the right-of-way would be located on Mr. Ragatz' property in it's entirety with the exception of this triangle. And that is required because when this subdivision was approved the right-of-way was centered at the midpoint between what is Burlwood today and Mr. Martinka's property. Does that answer your question? Claybaugh: Yes. I guess it does. I'm just a little dumbfounded with, that that was the solution that was reached. Sacchet: Just to clarify, so the original intent was indeed to have that right-of-way split between the two properties. I mean it actually lines up very clearly now the way you describe it. A] -Jaffa Well if, and if you measure this, this is 25 feet right here and another 25. Sacchet: Okay. Any other questions? Feik: Yes. Sacchet: Go ahead Bruce. Feik: Please. I would like to, refresh my memory a little bit. We've seen this a couple of times and some things were in motion over the course and I would just like to clarify a couple of items for myself. The triangular piece with Mr. Martinka, if I pronounce that properly, has been resolved? Or this is contingent upon that being resolved at least. Al -Jaffa Correct. Feik: The lot directly to the north of that lot, and I forget the name of the homeowner. Christensen, thank you. That lot accesses Golden Glow Court where? Since they do not abut to that road. Al -Jaffa The Egyhazi property? Feik: No, to the north. That one. Right where your pen's at now. AI -Jaffa This one? Feik: Yes. How does that access to Golden Court since they don't have property that abuts it? I understand that. I'm assuming there's an easement. Al -Jaffa One of the conditions of approval of the first addition is that these, this outlot right here be dedicated to the city to guarantee access. N Planning Commission Nfring — January 6, 2004 • Feik: Okay, that would have been the first one. Al-Jaff: To guarantee access, correct. Feik: Okay, so it's not in this one because I missed it. Al-Jaff: Correct. That's why I added the condition that says you have to record the first Burlwood in order to guarantee access is continued. Feik: Okay. Then carrying on from that, the lot to the south. There was some discussion regarding the driveway that accesses onto Powers. Whether that was going to be abandoned. The driveway was going to be, was ultimately going to be directed westerly into the cul-de-sac and then there was a variety of discussion on that. Where did that land? Al-Jaff: The second time this item appeared in front of, you tabled action on it the first time. The second time it appeared in front of you, I explained that the Egyhazi property will continue access off of Powers Boulevard. Feik: Okay. I wasn't sure how that was resolved. It was just something open in my mind. And I think I Just have one more and that as it relates to Powers and the additional setback. We're comfortable that if there's any foreseeable improvement to Powers, that these lots would not get any smaller. Saam: Yes. I'll add to that. The County has reviewed this and they are fine with the 50 foot right-of-way. That's in keeping with the other properties to the south that have been platted along Powers. Feik: I think that's the extent of my questions. Sacchet: Any other questions? Go ahead Rich. Slagle: Sharmeen, a couple of things. One is, you mentioned a few times just recently on the first Burlwood, let's call it. What is the status of that? Has that gone to City? Been approved? No issues? Al-Jaff: It has been approved by the City Council. It's just a matter of recording the plat. Slagle: Okay. So the agreements between the applicant and residents there that were needed as part of Burlwood have been completed? Al-Jaff: The plat will not be, there has been discussions between them. We have a meeting with Mr. Martinka on Friday to discuss a few issues on his property. 0 Planning Commission Sting — January 6, 2004 • Slagle: But it's nothing, if I can ask it this way. It's nothing that you see that we could approve this perhaps and then all of a sudden something happens. Al-Jaff: No. Slagle: Okay, okay. Another question I had is, correct me if I'm wrong but I believe that these three lots will have the back yard facing Powers. Al-Jaff: That's correct. Slagle: Okay. Now just for point of record. When we looked at our different options that were a result of previous councils. One of the things that was shared with us on the first Burlwood by folks was that there was a desire not to have back yards on Powers. Al-Jaff: That's correct. Slagle: Okay. I just wanted to make sure that I'd heard that right. Last question is of the three lots there was some discussion on page 3 under preliminary plat that talked about the garages and the single family home and the property line and I was a little confused in the verbiage of that paragraph. What will happen? I mean are the buildings going to be demolished, the garages? Al-Jaff: They have to be demolished because this property line that divides Lots 1 and 2 is going to be bisect the existing garage. Slagle: Okay, so when you say, and I'm not saying you but whoever wrote this, should be demolished and so forth, I mean it will be? There's no two ways about it. Okay. AI-Jaff: Moved or demolished. Slagle: Gotch ya. Okay, that's all. Sacchet: Any more questions? Lillehaug: I have two questions. When you're explaining about the right-of-way dedication, what is existing right-of-way? Or where is existing right-of-way line parallel with Powers right now? Are they dedicating more right-of-way or is that? Al-Jaff: They are dedicating the enure 50 foot right-of-way. Lillehaug: Isn't Powers currently running down that main bold line there? Al-Jaff: Correct. Lillehaug: So how's? 10 Planning Commission Sting — January 6, 2004 • Al-Jaff: This is where the pavement ends. So there is an additional 25 feet that's being. This is the pavement of Powers. Lillehaug: Right, but where's the existing right-of-way line for Powers? Al-Jaff: With the dedication or prior to? Lillehaug: Currently. Right now. Al-Jaff: Right here. Center of the road. Saam: Commissioner Lillehaug. According to this preliminary plat, it appears that they are dedicating the right-of-way and that they own to the middle of the road. This is, we have many situations like this in town. What the County would have then is an easement for roadway purposes. And then when these properties develop, that's when they get the right-of-way. We have this on Ashling Meadows, Lake Lucy Ridge. I'm not sure if you were on the Planning Commission at that time but we have the same situation. They own, a lot of the older parcels down to the middle of the county roads, but the county has an easement or prescriptive rights over the roadway. Lillehaug: Okay, so then where is the easement? A]-Jaff: It would be up to the pavement. Up to the pavement. Saam: I'll just add many times with prescriptive easements our city attorney has said that your easement ends where your maintenance needs end, so in a case like this, it's usually at the top of the ditch. On the top slope toward the property of the ditch. So, if that clarifies it. Lillehaug: Yeah it does. Yep. Okay. Next question. With the recent plat approval that we went through, I think there was an underground storm water storage system. I don't see it any longer as part of any underlying line work as part of that plat. What happened to that and if it's just not shown there, or if it's done, what's being proposed in lieu of that? Saam: Okay, I'll start off by saying that this plat is really separate from the street and the sewer and water. The storm sewer improvements save for one storm sewer line going down a lot line in this plat. With that said, the underground detention system that you were referring to, that went away with the final plat of the first phase. They're providing treatment through a storm septor manhole, and then they're discharging to the creek that runs I believe through the Martinka property. And one of the conditions of the final plat approval was that the city, or the applicant grant an easement to the city for that drainage. Lillehaug: Well I guess that's not part of this plat anymore but it doesn't seem like that need water quantity treatment anymore. Okay. That's all my questions, thanks. 11 Planning Commission String — January 6, 2004 • Sacchet: Kurt, you have a question? Papke: Yeah. Quite often when applicants are requesting a variance, staff puts together an analysis of precedent. Similar types of applications and variances that have been granted under similar situations. I didn't see an analysis this time. Off the top of your heads, can you recall, is there any precedent for granting a variance as a result of the right-of-way dedication by the developer? I'm just looking for precedence here for what's being asked for. Al -Jaffa No, and that, yesterday Chairman Sacchet contacted me and that was one of the questions that he had. Is there a precedent? The circumstances with this request are so unique that let's assume that Mr. Christensen comes in and requests a 13,000 square foot variance. There isn't a county road that abuts his property. There isn't a collector that abuts his property so again those circumstances that are associated with this application are so unique to this site, they are not being duplicated anywhere else. Sacchet: If I may jump in at this point. I'm actually curious. What you're saying Sharmeen, if I understand correctly is that those surrounding properties besides not having the abutting road constraints on 2-3 sides, or the road construction on their site, aside from that how many, how much could they be subdivided? I mean if they, what's the maximum lots that could be subdivided on those adjoining properties? Al-Jaff: Assuming that they meet all ordinance requirements, looking at Mr. Christensen's property, you could potentially get 2 parcels. Sacchet: It couldn't be 3 or 4? Al -Jaffa No. Sacchet: Okay. How about the one to the south? That's even bigger. Al -Jaffa Mr. Martinka. You could only get 2. And it's because of the lot frontage. Sacchet: So there's the lot frontage constraint would clearly state that it would be limited to 2 lots? Al -Jaffa Correct. Sacchet: Okay. Okay. Yeah, that's important in the context of the precedent because I was struggling with that. As Sharmeen mentioned I tried to get some information yesterday about that. So we can minimize the precedent. We can clearly identify this as a unique situation. That it's not applicable because where do you have that many adjoining roads? Where you have the whole road on the property and so forth, so that's basically a point there. Now in terms of the, since we're talking precedent. Let's also touch on the hardship aspect a little bit. I find that one in some ways as challenging. 12 Planning Commission Sting —January 6, 2004 • You're findings in the staff report respectfully states that there is no other property in the proximity that has an area of 15,000 square feet or less. AI-Jaff: That's correct. Sacchet: It doesn't seem like that really expresses a hardship. I mean it looks like actually what you explained... precedent this is much more the hardship in that there are all these encroachments by the easements of right-of-way's that a hardship of actually building that road on the lot itself and carrying cost for it. How does that 1,500 square feet, not being in the surrounding add to the hardship? If you could explain that. Al -Jaffa Going back to had this road been divided equally between the two parcels, you could be able to meet the minimum requirements for lot area. Sacchet: So indeed if the road would be where originally envisioned, there would be 3 lots that conform with the size. Okay. Okay, okay so I didn't see that as clearly. I'm glad you point that out. In terms of the trees, it seems like with this being divided into 3 lots, pretty much the whole area has to be graded and that obviously has an impact on what's going on these lots at this point. Staff report makes reference that a significant amount of evergreens will be transplanted. However not all of those will be counted towards the forestation requirement because they're all the same species. Al-Jaff: Correct. Sacchet: So we would require that the applicant plants another number of trees in addition to the transplanted ones? Al -Jaffa They will work with the city forester. The trees that are intended to be transplanted will still be transplanted. They will add. Sacchet: Yeah, that's the main part of my question. Okay, okay. They will still be transplanted? AI -Jaffa Correct. Sacchet: That's what I was trying to establish. Now 13,000 square foot lot is not really that uncommon in our city, but usually you would have it like in a PUD environment or medium density or something like that, right? Al -Jaffa In a PUD. Single family in PUD's can go down to 11,000 square feet. Sacchet: And what's the reason that we do this way, not a PUD here? Could you explain that briefly? Al-Jaff: You need a minimum of 5 acres to actually do a PUD. 13 Planning Commission Aeting — January 6, 2004 • Sacchet: Okay, so size wise this doesn't meet the requirements, okay. AI-Jaff: There are some things that were pre-set and again it, this entire subdivision was set into motion many years ago. The entire layout of the site was set into motion many years ago. It's not your typical. Sacchet: And that's part of what we're struggling with that it's kind of coming in piecemeal in terms of the traffic situation and so forth, okay. Alright, that answers all my questions. Thanks Sharmeen. Al-Jaff: Thank you. Sacchet: If the applicant would want to come forward, if you have anything to add further. We may even have some questions for you as well. Please state your name and address for the record please. Get the microphone up to you please. Rich Ragatz: Rich Ragatz, Epic Development. Chairman and Planning Commission, thank you. I'll keep it brief. I know you have a lot on the agenda and I think Sharmeen's done a good job of outlining the issues here. At a previous meeting you had me go back and try and work with the neighbors to make sure that we could get this put together and have the road put through and I have gone out and worked with the neighbors and continue to work with the neighbors, and I think the end result is a win/win situation for everybody. For the city. For the neighbors and for me, the developer. The city gets to have their street put in the way they want it, and they have improved public safety as a result. The neighbors have something that's the least impacting physically and economically because I'm going to be paying for the street, and in the end I get an approved development that I can start doing in the springtime and I think that works for everybody and hopefully you guys will see the rationale for that. And I just wanted to touch on the agreements with the neighbors. We have several agreements in place and we're actually reformulating one of those agreements but I understand the condition that you need. You need those agreements in place to move this forward, and that's what I plan on having so I'm available for comments or questions. Sacchet: Thank you. Questions of the applicant. Tjornhom: Mr. Ragatz, had you not gone ahead and paid for the roads and worked with the neighbors for your development, you know what would have happened? Would you still have had your development or would it have been smaller or what would have happened with the whole thing? Rich Ragatz: Well I think it might have been a different phased development where I might have just done 4 lots. The northerly 4 lots and just waited until the neighbors wanted to participate and move forward with me subdividing, but in the end I though for everybody's sake it made more sense to just, let's get it done. You know we spent too much time on it. You know it's a small deal. Let's try to work it and move forward. 14 Planning Commission Sting — January 6, 2004 • Tjomhom: Okay. Sacchet: Any other questions of the applicant? I have two quick questions and I already asked this from staff so I just want you to confirm that I usually ask questions about trees, so this is about the trees. You say you're transplanting 44 evergreens but then staff finds that even though you still have to plant 29 different type of trees so with adding that load of 29 additional trees, you're still planning to transplant the 44 evergreens? Rich Ragatz: Yes. I like trees and. Sacchet: It makes sense. Rich Ragatz: It makes sense. Sacchet: There's a cost, that's why I'm asking. Rich Ragatz: Yeah it is but it's on a busy street on Powers and I think it needs additional buffering. Sacchet: And the other thing might be somewhat moot point but it kind of peaked my interest in your application letter you're referring to an easement agreement with the property to the south to get 17 additional feet added to your development. Is that, do I understand that correctly? But you choose not to enforce that. Is that... Rich Ragatz: Oh yes, correct. I had an agreement with Carol Egyhazi but for various reasons, I don't want to try and force it. I had worked something out with her where she was going to give me the 17 feet to make it a conforming plat, and I was going to take the private drive that she would have had to dig up and plant grass on. I was going to do that at my expense. Sacchet: So, but that's not happening? Rich Ragatz: No. Sacchet: Hopefully between those 17 feet, that would again have added more to make those lots conforming. Rich Ragatz: Yeah. Slagle: And is the reason, if I can ask, because she can go onto Powers as it is? Is that what you're talking about? Rich Ragatz: Well I'm already going to be doing that as part of what I told you that I'm going to pay for building a cul-de-sac and as part of that, Matt added that condition where I have to actually take out that portion of the private drive from the cul-de-sac east to where her driveway would start. But early on, this has gone on several months. I had 15 Planning Commission Ating — January 6, 2004 • worked out an agreement with her where she was going to give me 17 feet but I figured hopefully we don't have to go through with that. Sacchet: Alright, that's all the questions I believe we have for you. Thank you very much. Now this is a public hearing so I'd like to invite any of you that want to come forward and comment to this item in front of us, to do so now. Are there any takers? Yes there are a few. Please state your name and address for the record. Let us know what you have to say please. Debbie Lloyd: Good evening. Debbie Lloyd, 7302 Laredo Drive. Bear with me, I have a lot of paper here. First of all, and I know you're aware of this but I just want to point out that on December 8`s council approved the first subdivision. The applicants were Richard Ragatz and Larry and Kathy Kerber. And today in front of you is the application with the same applicants. Sacchet: Correct. Debbie Lloyd: Okay. When we talk about hardship, page 9 in the staff report. Had the road been centered between the property to the west and the subject site, you know this is the alleged hardship. Well if you go to city code, Section 18-60 under lots. Subdivision. Point (f) reads this way. Street arrangements for the proposed subdivision, which I'm considering is like the first one you reviewed, shall not cause undue hardship to owners of adjoining property in subdividing their own land. Well, if it doesn't, if it's not supposed to cause undue hardship to neighboring properties, it shouldn't cause undue hardship to their owner property. I don't see a valid reason to claim hardship. I'm shaking again. Slagle: You're doing a good job. Debbie Lloyd: I have one. Does anyone need one? Matt? Sacchet: Alright, we got it. Debbie Lloyd: Okay. If you look at this handout, you know what you're looking at. You're looking at 40,000 odd acres. I mean square feet and they say you're looking at a variance. I don't see it like that. You're looking at 3 variances. Each variance is, if you average them out, it's about a 10 percent variance. When variances come in front of you, you know you've dealt with them. We're seeing a lot of them now. They're not of this magnitude typically. If you look at one lot variance, or one variance for one lot, the other two being up to code, it's a 31 percent variance. That's huge. On the next page. I took the calculations just of the Burlwood lots from the staff report and the present average lot size of the 16 lots is 30,657 square feet. The average of the 8 smaller lots is 18,403. ...it's reasonable use. Page 8 of the staff report. Reasonable use includes a use made by a majority of comparable properties within 500 feet. Granted all these homes are definitely within 500 feet, but the staff report did not include all homes within 500 feet. If it would have it would have included Mulberry Circle and Utica. If you drive by those 16 Planning Commission Seting — January 6, 2004 • lots, you will see those are large lots. I don't have the size but I can tell you they're not 15,000 square foot lots. The intent of the provision is not to allow, and this is right out of code. Is not to allow proliferation of variances but to recognize their pre-existing standards in neighborhoods. Variances that lent with these pre-existing standards without departing downward from them meet the criteria. I think creating 3 lots with 13,000 square feet departs downward from the standard of the developments within 500 feet. The question came up, what if all the lots were to be subdivided and I didn't do it according to what, I didn't look at frontage and depth of the lot but it appears that if all those lots were developed using 15,000 square foot as the rule, there would be 27 lots in that entire development with an average of 18,167 square feet. Also page 2 of the report. Just wanted to point out because it's been asked before about the 60 by 60 house pad. That requirement to show a 60 by 60 house pad is only found in Section 18 of the code. It's the only place it is. For PUD's it's also in another section. Subdivision findings point 1, page 6. I think the subdivision is inconsistent with zoning ordinance, contrary to what it says that it's consistent. Point 2, I also believe it's inconsistent with city, county and regional plans because our plan calls for RSF neighborhoods to have 15,000 square feet lots. And I'm concerned because I live in an RSF neighborhood. I'd like to see those standards maintained. That's one thing the community likes about ourselves. We build somewhat larger lots. If this development would have gone through the PUD, that would have been a different issue. They could have come through with a smaller lot. What do our citizens have to gain? Maybe a few tax dollars but do these smaller lots provide affordable housing, which is what we really need. No, they don't. These are high priced homes. And there is one more point. The staff report on the square footage of the homes and the impervious surface calculations. Hard surface. I don't believe those numbers could be true. I think they're based on, and it's hard to read in here you know, something you print off the internet, but it appears that the driveway calculation looks correct. The home, it looks like it's based on the finished square footage of the main floor, which I don't believe includes a garage, the patio, or the decking, the extension on the rooflines and stuff, so I think those numbers might need to be reworked. Thank you. Sacchet: Thanks Debbie. Sure appreciate your diligence and research of this. Maybe we should have you sit up here. I'm sure we'd know which way you'd vote by now. Anybody else want to add comments to this item? Otherwise I'll be closing the public hearing. Nobody else? This is your chance. Alright I'll close the public hearing. Bring it back to commissioners for comments, discussion. Any comments or discussion points? Claybaugh: Yeah, I guess I'd come back to the point that I'm still troubled somewhat to the fact that Golden Glow Court wasn't located on the property line. I don't feel that the development is premature in any way. If the adjacent properties did not want to participate or didn't feel it added value to their properties, then I'm not sure why the developer is putting in as extensive a road as he is at this point. In either event if it was located on the property line, you'd have the required square footage. And if that wasn't the case, then you'd have a much shorter road and cul-de-sac. In either event you'd be able to achieve it so I guess I keep coming back to the point of why the road, what the 17 Planning Commission Sting —January 6, 2004 • stumbling block is with having that located on the property line. And if it is with the adjacent neighbors, why the developer is putting in as extensive of a road as he is. Sacchet: Is that something staff could comment about? Al -Jaffa That was, one of the original proposals that appeared before the Planning Commission included a cul-de-sac that's, if I may. The original application terminated the cul-de-sac right in this location with the understanding that at some point when Mr. Christensen and Mr. Martinka were ready to develop the remainder of the cul-de-sac would go through. The Planning Commission tabled action on that proposal. Directed the applicant to go back and work with the neighboring properties so that was an option but it was the Planning Commission's direction to really work out what you see. Claybaugh: Unfortunately I wasn't at that particular meeting, but it looks very unilateral at this point. The developer's basically carrying all the fray to try to put it together and that's the only reason that I'd be entertaining that. I don't like the idea. I agree with what Debbie had to say in her presentation and I think that this all precipitated the requirement for these variances so if, I just feel that the developer's being pushed down a path that didn't want to go, that the neighbors aren't buying into and he's up trying to convince the Planning Commission and everyone here that it's the right thing for us to do. And I don't feel that he should necessarily have been put in that position in the first place. Sacchet: Okay. Any other points of discussion? Comments. Go ahead Bruce. Feik: Yes, I generally support the application. I'd like to remind everyone up here that the general alignment of Golden Glow was put in motion many, many years ago. There was 3 or 4 different alternatives. I think it goes back 7 or 8 years. City staff, planning, everybody arm wrestled with that, if we go back and look at those notes for it sounded like many, many months. That being said, the general alignment was essentially fixed. Generally. The applicant I think has made a significant accommodation to the neighbors, both an economic, today's dollars as well as future access for future development, that the neighbors can certainly significantly benefit from. As it relates to the small lots, the people that it's really going to impact are the neighbors. The immediately adjoining neighbors. The small lot having 2-3 lots there versus 2 lots, and I look at it as trade-off a bit in that the neighbors are really getting almost a windfall by having this road put on the easterly portion and not splitting the two lots and hats off to the applicant willing to try to make that accommodation, including extending that cul-de-sac well beyond the property to the south. So generally I support this. Sacchet: Thanks Bruce. Bethany. Tjomhom: I agree that in 1995-96 the Planning Commission and City Council kind of gave us a puzzle, or you know they designed a square piece of parcel and then decided to let somebody else cut the pieces out and make it all fit, and that came to us and the developer and I think along with the neighbors, I think we all tried to do the best we In Planning Commission IVilseting — January 6, 2004 • could to make all those pieces work somehow and I waited tonight. I haven't said a thing because I wanted to see if there would be neighbors here again, and if they would be saying positive things or negative things or what would be said at all and no one came up so I'm assuming because no one did come up, no one was angry or had questions or comments or concerns. That the developer is doing due diligence with trying to be a good neighbor and a good developer and work with the homeowners in the community. And I think too, we have gone beyond what he needed to, as far as paying for roads and making sure everyone was happy with what was happening and so that's why I too support his plans. Sacchet: If I could just quickly add, in order to be complete in this. I did get a letter from one of the neighbors that was speaking for the 2 lot solution versus the 3 lot solution. It's also has to be stated it's probably one of the neighbors that profits the most from this arrangement so, and I got this letter 2 months ago so I don't know whether it's still accurate, but just for the record I want to add that in there. Yes, Kurt. Papke: Just to kind of add something to the previous comments about the one sided nature of this. I think one thing I can't completely discount is if Golden Glow was shifted to the west to bring these lots in conformance, the net density of the entire area wouldn't change. If I understand the constraints correctly, regardless of where this roadway is placed, all we are doing is doing a slight density shift to the east. Al -Jaffa That's accurate. Papke: So from that perspective we will not alter the gross density of this development by allowing this variance. So it is one sided in that is a shift. That's all. Slagle: Just one quick point of clarification, if I can ask staff. Having been shared the information tonight that the water, the system if you will for handling water was changed from our vote, well it's going to come back to you. To a different system. Was there any other significant changes that occurred in Burlwood, call it one from what we voted on? That either of you are aware of. Al -Jaffa No. Slagle: Okay. That's all. Lillehaug: Well, where do I want to start? First off, when it was in here a few months ago I think I'll be clear that I indicated that I would not support splitting this into 3 lots, and I stay consistent with that. And I want to give you a couple examples here. If you go about 2 miles south of this site, straight south on Powers Boulevard, we had an applicant come in here. What was his name, Mr. Rossalik? Was that his name? Generous: Rossavik? 19 Planning Commission Sing — January 6, 2004 • Lillehaug: Rossavik. You compare that to this situation here. He's a house owner, developer. He wanted to develop that land. Adjacent landowners basically weren't ready for him to put a street in there and to develop that land, and we voted, and we didn't let that go through. We said it was premature. I think we can apply that in this same respect here. The developer chose to go through here, even though he couldn't shift that road over to the west. That's his prerogative. He still chose to go through with this. Does the city owe him a variance to split that into 3 lots? Certainly not. Certainly not. You can go through all these variance findings here, and I'm going to do that. (a), there's no undue hardship. It's a self created hardship. You can look here. I mean the proposed lots are a little over 13,000 square feet. We're talking we've got a road on either side of this lot. This is the perfect example of why we want to 15,000 square foot lot. Right here. You've got a road on each side of this lot. I want to maximize my area of that lot. I don't want a 13,000 square foot lot. Yeah, it's only a couple thousand square feet but you know what? Our ordinances are there for a reason and I think this is the perfect reason why it's there. Is to enforce having a 15,000 square foot lot there. So that'd be finding (a). Finding (b). I guess I don't agree with the finding there. It's at a comer of two arterial roads. So I disagree with that also. Finding (c). The purpose of the variation, it is based upon a desire to increase the value of the land, period. That's why this variance is in front of us. To split it into 3 lots to increase the value. That is the reason. And then (d) again, this is a self created hardship. I think there's too many things here where we're trying to do a feel good thing here and say well, you worked with the city. He's building that road at his cost. If the developer got together and bought up all those parcels in there, the developer would still build that road at his cost, period. I don't think it's appropriate to grant the variance here. And I think Debbie Lloyd explained very well that we have a duty to withhold our ordinance here, specifically for this reason. Papke: Withhold or uphold? Lillehaug: Uphold. Sorry, hey thanks. I'm going to end on that. Sacchet: Okay, thanks Steve. Well, I've been struggling with this one quite a bit. And what for me is one of the deciding factors is that this is not a straight forward situation. This is not like starting from a clean sheet and looking at what happened in isolation from all the things that happened before. And if I remember correctly that was the driving force in how we dealt with this. The previous time this came in front of us, when we looked at the first go around with this, that really the trouble was we're trying to build on agreements that have been made before probably most, if not all of us were involved with this process. And my aim, and I guess it was somewhat the consensus of the commission at the time was that we wanted to settle this in a way that not come 5 years, 10 years down the line, a new set of characters is going to be sitting here. Other staff people are going to be here, and they're going to deal with the same problem. And at that time to me that became the overriding factor in terms of what direction to go with this. And I believe that's ultimately what's led to the current alignment of this road because it's a borderline situation. The agreement was made that this road goes in pretty much with that alignment. Little more to the west. That it has that cul-de-sac, that Burlwood cul -de - 20 Planning Commission Sting — January 6, 2004 • sac on the south side, Golden Glow or what it's called, and very few even of the residents that live out there now even remember much of having made that agreement. However, it's my understanding that as what we're representing as a city, we have to build on this agreement. We can't just push them aside, and looking at what's in front of us, wouldn't we have that context. I would agree with you Steve. I would agree with Debbie that by looking at plainly just the ordinance it does not meet the letter of the ordinance. But then we have to look at why and what went into this. I have to say that I really think that the wording of the findings, the hardship, reasonable use finding is very unfortunate because it really argues against giving that variance. I mean the fact that there are no lots anywhere nearby that are even 50,000, they're all bigger. Certainly doesn't provide us a reason why we should consider that. However, considering the restrictions that have been put on that property, going back all these years to when this original concept was put in place with the road alignment being put in place with the development to the south being allowed to go in, which at this point it would be no question. We would consider it premature, but it was allowed to go in and in that context there was the street easement, the dedication made for Golden Glow Circle. We have an opportunity here to close that loop. That's what we were trying to do last time when we dealt with it and I'd like to do that again, and I don't really see another way to do that than to look at the glass half full and at half empty. Look at that we have a good solution in front of us in that we have a developer who's willing to foot the whole cost of that road of that cul-de-sac to provide pretty much the whole land for that to sit on in spite of all kinds of encumbrances instead of all around. And now given your finding Debbie that road encumbers this easements are another reason to create a hardship by themselves. We're looking at quite a bit of larger context than just that element by itself. I mean we're not looking at cumulation of many of these elements. So are we departing downwards? We're departing downwards on that particular piece of land, but I think we've established the uniqueness of that property. We've also established that we are not increasing the overall density. It's not going to allow any other parcel to develop more densely based on this variance, so I would consider it unique in that sense and if we do put this through, I would want to put special attention on making it very clear how unique this is. That we make very clear statement that this is contingent on all these encumbrances all around it. So in that framework I'm inclined to support this so that we can close this chapter in a way that is not just going to come back at some future time as it has come to us. I feel that's a bigger responsibility than being to the letter of the law here, which just creates headaches all around. In this particular case. That's my opinion. Go ahead Steve. Lillehaug: Can I interrupt? Are you comfortable with having 13,000 square foot lot then in those 3 lots? You know they divert from the adjacent lots, those areas quite a bit. Those on each side. Do you have any concerns with that? Sacchet: I'm more comfortable with that than putting this out to potentially come back at any unknown future time and unravel again. That we again have to start from scratch. However do we work it? Are we going to honor the agreements that were made 5 or 10 years ago? I think we have an opportunity to put this in place, and with the element that it does not create a precedent. That we can clearly put into a framework that this is not going to be a precedent for probably hardly any other property in the whole city, and 21 Planning Commission Sting — January 6, 2004 • certainly not in the neighborhood there. I am comfortable with that element, yes. It's a balancing act. It's not an ideal world. It's a little bit a choice between two pains and I would lean towards trying to put a clear end to this so it's settled. Rich, you had a comment? Slagle: Just a question Mr. Chair. Do you believe that, although we can't tie this into Burlwood One, or as we said at Burlwood One we couldn't tie Burlwood Two into that. Is there a chance that we could approve this and Burlwood One not happen and he'd still be able to do three small lots? Sacchet: That's that condition that you added, right Sharmeen? Al-Jaff: That's the condition I added. Slagle: In your opinion that's concise enough? Sacchet: Right. Slagle: Okay. Sacchet: Yeah, it builds. It builds one on the next. I mean they're closely intertwined so they can't fall apart. And it's a shaky construct in some ways but I don't think we'll ever see a more solid one than this and that's why I'm leaning towards passing this through from my viewpoint. Go ahead, we're still discussing. Or questioning. Tjomhom: Staff or whatever. Uli, the Chairman was just speaking that we had resolved this into the lots now across the road would be restrained to just two lots a piece, correct? Because of the road and the whole addition. Is that right? UMMOTMU 7# Sacchet: You mentioned frontage as a key element with that, right? Tjomhom: Now would some developer in the future be able to come and claim a hardship on their properties because of this and say they also can get 3 lots or something. Al-Jaff: No. The hardship in what you saw before you today, it's truly unique to that, to those 3 lots. Tjomhom: Okay. And that can't be carried out then to the neighbors for any reason? Al -Jaffa No. Tjomhom: Okay. 22 Planning Commission *ting — January 6, 2004 • Sacchet: And it'd be hard to consider a hardship for the neighbors because all they do is profit. They don't give land. They don't pay for the road and it's my understanding they'll also get free utility stubs, isn't it? So they basically get free infrastructure. Lillehaug: Who's going to remember that 10 years down the road here? Al -Jaffa When they come in for a subdivision, we have to look at how are they getting utilities. What's all available to them? Are they all paid off? Are there any assessments outstanding, so that's part of the research, the background research that we do. Lillehaug: Yeah, but I mean all our discussion. It's not anywhere in these reports as far as the history on any of these. I'm saying all of our language is gone from any of this 10 years down the road, and if someone comes in for a variance for lot frontage width, we've got a substandard lot right across the road from it. Well, does that set a precedence? I don't know, but an argument certainly could be made. Sacchet: I see your point. Do we have any other comments, questions or are we ready to make a motion? Claybaugh: Make a motion. Sacchet: Go ahead Craig. Claybaugh: Make a motion that the Planning Commission recommends approval of Subdivision #03-12 for Burlwood 2°d Addition for 3 lots with lot area variances shown on the plans received October the 17`s, 2003 based upon the findings in the staff report and subject to the following conditions, 1 through 23. Feik: Second. Sacchet: We have a motion, we have a second. Are there any friendly amendments? No? Claybaugh moved, Feik seconded that the Planning Commission recommends approval of Subdivision #03-12 for Burlwood 2°" Addition for 3 lots with lot area variances as shown on the plans dated received October 17, 2003, based upon the findings in the staff report and subject to the following conditions: Applicant shall revise the landscape plan to show a minimum of 43 trees to be planted. 2. A minimum of two deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 23 Planning Commission Meting — January 6, 2004 • 4. Tree preservation fence shall be installed at the edge of the grading limits around all trees proposed to be preserved prior to any grading. 5. All transplanted evergreens must have a warranty for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. 7. 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. 8. Applicant shall plant a minimum of 16 overstory, 24 understory, and 40 shrubs along Powers Boulevard and 4 overstory, 6 understory and 11 shrubs along Lake Lucy Road. 9. Fire Marshal conditions: a. One fire hydrant will be required. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrant. b. The new proposed street will be required to have a street name. Submit proposed name to Chanhassen Building Official and Fire Marshal for review and approval. C. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and operated by firefighters (pursuant to Chanhassen City Ordinance #9-1). d. No burning permits will be issued for tree/shrub disposal. Any trees removed must be removed or chipped on site. 10. Show City Detail Plat Nos. 5300 and 5301. 11. On the grading plan: a. Add a 75 foot minimum rock construct entrance. b. Revise the grading between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. C. Extend the silt fence around the proposed berm along the east side of Lot 1 and Lot 2. d. Add a benchmark to the plan. e. Show all existing and proposed easements. f. Show the proposed contours for the berm along Powers Boulevard. 12. All disturbed areas shall be resodded or reseeded within two weeks of grading completion. 24 Planning Commission ating — January 6, 2004 • 13. If fill is imported or exported, the applicant will need to supply the city with a haul route plan for approval. 14. The property is subject to sanitary sewer and water hookup charges. The 2003 trunk utility hookup charges are $1,440 per unit for sanitary sewer and $1,876 per unit for water. The 2003 SAC charge is $1,275 per unit. These fees will increase in 2004 and will be collected prior to building permit issuance and are based on the numbers of SAC units for the new building addition. 15. Relocate the existing storm sewer on the property to within a 20 foot easement along the shared property line between Lot 1 and Lot 2. 16. Show all existing and proposed easements on the preliminary plat. 17. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 18. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 19. Prior to final platting, site drainage map and calculations will need to be submitted for staff review. The site drainage has to be designed for a 10 year, 24 hour storm event. 20. Building Official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. C. Demolition permits must be obtained before demolishing any structures. 21. The applicant will be required to remove the single family home and the detached two car garage prior to recording the final plat. 22. The applicant shall pay park fees in lieu of land dedication or trail construction on two lots based on the fees in effect at the time of final plat approval. 23. Final plat approval of Burlwood 2°d Addition shall be contingent upon the recording of Burlwood Addition. All voted in favor, except Lillehaug who opposed, and the motion carried with a vote of 6 to 1. 25 Planning Commission feting — January 6, 2004 • Sacchet: We have 6 to 1. That is enough for a variance to carry. Okay. And it's only a recommendation to City Council so this will go to City Council on January 26`h. Is that accurate? Al-Jaff: This is lot area variance to the zoning variance. Therefore. Sacchet: Okay. So that goes as a recommendation also. So the whole thing goes as a recommendation to City Council. Thank you very much. With that, we. Oh, since it is for council. Let's make a summary. Summary for council. We did not have necessarily full agreement in the Planning Commission recommending approval for this. However the majority of the Planning Commission felt that this was an equitable way to resolve the rather difficult situation that we inherited in that particular neighborhood. That we feel there is a hardship in terms of fulfilling the agreements that have been made, how many years back? 6, 7, 8, 9 years? A while ago. AI-Jaff: '96. Sacchet: '96 so it's like 8 years. 8-9 years ago. And we feel that between the full road construction falling on the shoulders of the developer, including the providing of the land, the actual building, the cost of it, including building the Golden Glow Circle to the south, that that is a very unique situation combined with all the easements that are encumbering this property on several sides. And that as such it's a totally unique situation that we can clearly state this is not creating a precedent. And especially that would the road be aligned as originally envisioned or equitably between the different properties, there would be no reason for a variance. The lots would be compliant. We also established that the surrounding properties could not subdivide into additional lots so we're not changing the envisioned density in that neighborhood than what they were originally envisioned to be, so in that sense we could argue it's not departing downward, which is admittedly somewhat arguable. And anything else you want to add to the summary here? Lillehaug: I'd like to add some of my comments. Sacchet: Yeah, you should add for your point why you disagreed. Lillehaug: I think the council should consider allowing, or should not consider allowing the small lots. I don't think there was a hardship presented by the applicant. I think it was self created. The applicant chose to move forward with the platting of this property without all of the adjacent properties and being able to shift that road over, I just think it was a self created hardship and I think it may have been premature. Sacchet: Thanks Steve. One other aspect I want to add to our summary is that one of the driving factors, at least for me in going this route is that I consider this a way to put a stop to an awkward situation that has been perpetuated for a while. By going this route we're done with it. It's not going to come back and that to me is a significant element to balance the scale. Alright, with that we're ready for our next item on the agenda. 26 CITY OF CHANHASSEN STAFF REPORT PC DAJJ: January 6, 2004 CC DATE: January 26, 2004 REVIEW DEADLINE: February 14, 2004 CASE #: 03-12 SUB BY: Al-Jaff PROPOSAL: Preliminary Plat to Subdivide a 40,355 sq. ft. Lot into Three (3) Single -Family Lots with Variances, Burlwood 2°d Addition LOCATION: Lot 1, Block 2, Burlwood Addition. Southwest of the intersection of Lake Lucy Road and Powers Boulevard. APPLICANT: Richard Ragatz Larry and Kathy Kerber Epic Development, LLC. 6420 Powers Boulevard G 3441 St. Paul Avenue Chanhassen, MN 55317 V Minneapolis, MN 55416 (952) 474-4710 (612) 730-2814 PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential Low Density (Net Density 1.2 — 4.0 units per acre) ACREAGE: 40,355 square feet DENSITY: 3.2 Units per Acre Gross/Net SUMMARY OF REQUEST: Subdivision of 0.926 acres into 3 single-family lots and lot area variances. Notice of this public hearing has been mailed to all property owners within 500 feet on December 26, 2003. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. • Burlwood 2"d Addition January 6, 2004 Page 2 BACKGROUND r1 U On December 8, 2003, the City Council approved final plat for Subdivision #03-12 for Burlwood Addition for 7 lots and two outlots with variances to allow a private street and a 50 foot right-of- way as shown on the plans received September 29, 2003, subject to conditions. PROPOSALiSUNEWARY The applicant is proposing to subdivide 40,355 square feet into 3 single family lots with lot area variances. The property is zoned RSF, Single Family Residential District. The site is located west of Powers Boulevard and approximately 500 feet south of Lake Lucy Road. The site contains a single family home and a detached garage. Access to the site is proposed off of Powers Boulevard via a residential street. sroa All lots meet the minimum lot width and depth requirements of the zoning ordinance. The lot area is deficient. The ordinance requires a minimum lot area of 15,000 square feet. The proposed average lot size is 13,451 square feet. Each parcel can accommodate a 60' x 60' house pad as shown on Sheet P-3. 0 0 Burlwood 2"d Addition January 6, 2004 Page 3 Staff is recommending approval of the subdivision with variances, with the conditions outlined in the staff report. PRELIMINARY PLAT The applicant is proposing to subdivide a 40,355 square foot site into 3 single family lots. The density of the proposed subdivision is 3.2 units per acre. All three lots have an area of less than 15,000 square feet, with an average lot size of 13,451 square feet. The applicant is requesting a lot area variance. All proposed lots meet the minimum width and depth requirements of the Zoning Ordinance. The lots are proposed to be served via a public street. A single family home and a detached garage are located on the property. In the attached narrative provided by the applicant, it is stated that the detached two car garage and the single family home should be demolished prior to construction. The property line between proposed Lots 1 and 2 is located under the footprint of the garage, resulting in nonconformity. The applicant will be required to remove the garage prior to recording the final plat. Also, a two car garage must be provided for the existing single family home as required by the zoning ordinance or the single family home should be demolished prior to the recording of the plat as well. Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance if the lot area variance is approved. WETLANDS There are none. GRADING, DRAINAGE & EROSION CONTROL The plans show three proposed lots. The grading plan proposes to grade approximately the whole site to develop three house pads and driveways. If importing or exporting materials for development of the site is necessary, the applicant will need to supply the City with a haul route for review and approval prior to the site grading commencing. The portion of the existing storm sewer line that goes through Lots 1 and 2 must be replaced and realigned over the shared property line between Lot 1 and Lot 2. A minimum 20 -foot wide public drainage and utility easement is required over the storm sewer. In addition, the grading plan needs to be revised between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. Burlwood 2"d Addition January 6, 2004 Page 4 Erosion control measures and site restoration must be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends a rock construction entrance be used and shown on the plans. The silt fence must be extended around the proposed berm along the east side of proposed Lots 1 and 2. In addition, tree preservation fencing should be denoted on the grading plan. iTl'ILITIES No public utility lines have been proposed with this project. The lots will be serviced with private sewer and water service stubs from the public utility lines that will be installed with the first addition. The sanitary sewer and water hookup charges will be applicable for each lot. The 2003 trunk sanitary sewer hookup charge is $1,440 per unit and the trunk watermain hookup charge is $1,876 per unit. The 2003 SAC charge is $1,275 per unit. All of these charges are based on the number of SAC units assigned by the Met Council. Sanitary sewer and water hookup fees may be specially assessed against the parcel at the time of building permit issuance. STREETS No public street improvement is proposed. The site is proposed to be accessed via the new public street "Golden Glow Court" along the west side of the lots. PARKS This property lies within the neighborhood park service areas of both Curry Farms Park and Carver Beach Park. TRAILS Two segments of the City's Comprehensive Trail Plan are located near this property. The first is an on -street trail located along both the eastbound and westbound lanes of Lake Lucy Road. The second is an off-street 8 ft. wide bituminous trail located on the east side of Powers Boulevard. This is across the street from the subject plat. The best crossing location for pedestrians is at the intersection of Powers Boulevard and Lake Lucy Lane. With these public services in place, the Park and Recreation Director is not recommending any additional public park or trail services be constructed as a part of this subdivision. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. 0 Burlwood 2"d Addition January 6, 2004 Page 5 TREE PRESERVATION/LANDSCAPING 0 Revised tree preservation calculations for Burlwood First and Second Additions were submitted by the applicant. These calculations were for the entire site rather than each addition. The conditions of approval for the Second Addition will reflect the amended quantities. They are as follows: Total upland area (excluding wetlands) 5.27 ac. or 229,583 SF Baseline canopy coverage 35% or 80,941 SF Minimum canopy coverage allowed 30% or 68,875 SF Proposed tree preservation 13% or 30,142 SF The developer does not meet minimum canopy coverage required; therefore the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage (68,875 — 30,142) 38,733 SF Multiplier x 1.2 Total replacement 46,480 SF Total number of trees to be planted 43 trees (46,480 =1089) The total number of trees required for the development is 43. The applicant has proposed a total of 56 trees. All replacements must meet minimum size requirements. No more than one-third of the trees may be from any one species. The applicant is proposing 44 transplanted evergreens and 12 deciduous trees for reforestation on site. Taking the ordinance requirements into consideration, only 14 of the evergreens can count towards reforestation. The other 29 trees, of the 43 required, must be species other than spruce. Therefore, the applicant must increase the number of deciduous trees, specified in the landscaping plan as ash, linden, oak, maple or honeylocust, to 29 The subdivision is also required to have buffer yard plantings along Powers Boulevard and Lake Lucy Road. Requirements are as follows: Location Required Proposed Powers Blvd. — buffer 16 overstory trees 19 overstory yard B — 20' width 24 understory trees 42 understory 800'length 40 shrubs 0 shrubs Lake Lucy Road 4 overstory trees 4 overstory Buffer yard B —15' 6 understory trees 3 understory width 11 shrubs 0 shrubs 180' length 0 Burlwood 2"d Addition January 6, 2004 Page 6 0 The applicant must increase buffer yard plantings to meet minimum ordinance requirements. The applicant has proposed a 4' berm along Powers Boulevard on top of which would be placed transplanted evergreens. The berm starts at the base of the 19 existing deciduous trees. Tree protection fencing must be installed around those trees before grading commences. COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Lot Lot Home Area Width Depth Setback Ordinance 15,000 90' 125' 30' fronttrear 10' sides BLOCK 1 Lot 1 13,527 97' 140' 30730' Corner lot 10' Lot 2 13,182 95' 138.5' 30730' 10' Lot 3 13,646 98' 148.5' 39/30' 10' SUBDIVISION - FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Findine: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance if the lot area variances are approved. 2. The proposed subdivision is consistent with all applicable city, county and regional plans, including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; 0 0 Burlwood 2"d Addition January 6, 2004 Page 7 Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. VARIANCE The applicant is requesting an area variance for all three lots. The zoning ordinance requires 15,000 square feet per lot. All three parcels have an area of 13,000 + square feet. These lots exceed width and depth requirements of the Residential Single Family District and can accommodate a 60' x 60' house pad. The applicant submitted three house designs he intends to use on these lots. Staff calculated the hard surface coverage of each of the proposed house pads on the different lots as shown on the table entitled Burlwood Second Addition: 0 Burtwood 2"d Addition January 6, 2004 Page 8 E BURLWOOD SECOND ADDITION Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 % Lot Hard Lot Drive %" Hard Lot Drive %" Hard Area Driveway Surface Area way Surface Area way Surface 13,52 13,18 13,64 7 22*30 2 22*30 6 22*30 Floor Plan A (2 car garage) 1,178 660 14% 1,178 660 14% 1,178 660 13% Floor Plan B (2 car garage) 1,192 660 14% 1,192 660 14% 1,192 660 14% Floor Plan C (3 car garage) 1,182 660 14% 1,182 660 14% 1,182 660 13% VARIANCE FINDINGS The Planning Commission shall not grant a variance unless they find the following facts: 21.057 18,862 75406 18,778 =710 18,694 30524 U U 43576 � w 22232 Shenandoah , 9 [ 230079 "a 51454 n 1%64 - ' 30980 2094036964 -- 25276 39275 a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre- existing standards without departing downward from them meet these criteria. Finding: The applicant is requesting to create three parcels that can accommodate single family homes but are deficient in area. Staff examined the area within 500 feet. None of these lots have an area of less than 15,000 square feet (lots with areas that exceed 30,000 square feet, have the potential for further subdivision). 0 Burlwood 2"d Addition January 6, 2004 Page 9 b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are applicable to properties in the RSF zoning district. The overall development, at the comer of two arterial roads, requires the granting of additional right-of-way at the perimeter, reducing the developable area of the site. C. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The proposed variation will provide a higher income potential through the sale of an additional lot. However, the applicant has assumed responsibility to provide a full city street to all parties abutting the cul-de-sac and stubbing utilities to properties that have the potential for further subdivision. The applicant is requesting a variance to help pay for the expenses associated with these improvements. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The applicant worked diligently with the surrounding neighbors to create a subdivision layout that is acceptable. One of the elements of the overall layout was the street alignment. The street could have been shifted to the west onto the neighboring properties, which would have provided the needed lot area to eliminate the variances. At the request of the neighbor to the west, the applicant located the entire right-of-way on his property (with the exception of a small comer). Additionally, the applicant provided right- of-way for Powers Boulevard and Lake Lucy Road (40 feet in depth, each). This resulted in a smaller developable area. Also, had the road been centered between the property to the west and the subject site, the applicant would have averaged lot sizes of approximately 16,000 sq. feet. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: Approval of the variances will not be detrimental to the public welfare. The site is guided for residential uses. The proposal is in keeping with the land use. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. 0 Burlwood 2dAddition January 6, 2004 Page 10 0 Finding: The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. Based upon these findings, staff is recommending approval of this variance with conditions. RECOMMENDATION Staff recommends the Planning Commission adopt the following motions: PRELIMINARY PLAT "The Planning Commission recommends approval of Subdivision #03-12 for Burlwood 2°d Addition for 3 lots with lot area variances as shown on the plans received October 17, 2003, based upon findings in the staff report and subject to the following conditions: 1. Applicant shall revise the landscape plan to show a minimum of 43 trees to be planted. 2. A minimum of two deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits around all trees proposed to be preserved prior to any grading. 5. All transplanted evergreens must have a warranty for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. 7. 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. 8. Applicant shall plant a minimum of 16 overstory, 24 understory, and 40 shrubs along Powers Boulevard and 4 overstory, 6 understory, and 11 shrubs along Lake Lucy Road. 9. Fire Marshal Conditions: a. One fire hydrant will be required. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrant. 0 0 Burtwood 2"d Addition January 6, 2004 Page 11 b. The new proposed street will be required to have a street name. Submit proposed name to Chanhassen Building Official and Fire Marshal for review and approval. C. A 10 -foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and operated by firefighters (pursuant to Chanhassen City Ordinance #9-1). d. No burning permits will be issued for tree/shrub disposal. Any trees removed must be removed or chipped on site. 10. Show City Detail Plate Nos. 5300 and 5301. 11. On the grading plan: a. Add a 75 -foot minimum rock construction entrance. b. Revise the grading between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. c. Extend the silt fence around the proposed berm along the east side of Lot 1 and Lot 2. d. Add a bench mark to the plan. e. Show all existing and proposed easements. Show the proposed contours for the berm along Powers Boulevard. 12. All disturbed areas shall be resodded or reseeded within two weeks of grading completion. 13. If fill is imported or exported, the applicant will need to supply the City with a haul route plan for approval. 14. The property is subject to sanitary sewer and water hookup charges. The 2003 trunk utility hookup charges are $1,440 per unit for sanitary sewer and $1,876 per unit for water. The 2003 SAC charge is $1,275 per unit. These fees will increase in 2004 and will be collected prior to building permit issuance and are based on the number of SAC units for the new building addition. 15. Relocate the existing storm sewer on the property to within a 20 -foot easement along the shared property line between Lot 1 and Lot 2. 16. Show all existing and proposed easements on the preliminary plat. 11 Burlwood 2"d Addition January 6, 2004 Page 12 0 17. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 18. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 19. Prior to final platting, site drainage map and calculations will need to be submitted for staff review. The site drainage has to be designed for a 10 -year, 24-hour storm event. 20. Building Official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. c. Demolition permits must be obtained before demolishing any structures. 21. The applicant will be required to remove the single family home and the detached two car garage prior to recording the final plat. 22. The applicant shall pay park fees in lieu of land dedication or trail construction on two lots based on the fees in effect at the time of final plat approval." ATTACEMENTS 1. Findings of Fact 2. Application and Narrative. 3. Memo from Rich Ragatz granting extension of the 60 days to 120 days. 4. Memo from Mak Sweidan, dated November 10, 2003. 5. Memo from Steven Torell, dated November 10, 2003. 6. Notice of Public Hearing. 7. Potential House Plans. 8. Preliminary Plat dated received October 17, 2003. gAp1=\sa\bw1wood 2mv amlwood god presm 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Burlwood 2°d Addition Subdivision #2003-12 On January 6, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Preliminary Plat to Subdivide 40,355 sq. ft. Lot into Three (3) single-family Lots with Variances, Burlwood 2°d Addition. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned RSF, Single -Family Residential. 2. The property is guided in the Land Use Plan for Residential —Low Density (1.2 — 4.0 units per net acre). 3. The legal description of the property is attached as exhibit A. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: 1) The proposed subdivision is consistent with the zoning ordinance; 2) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; 3) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; 4) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; 5) The proposed subdivision will not cause environmental damage; • 0 6) The proposed subdivision will not conflict with easements of record; and 7) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. 5. The Planning Commission shall not grant a variance unless they find the following facts: 1) The applicant is requesting to create three parcels that can accommodate single family homes but are deficient in area. Staff examined the area within 500 feet. None of these lots have an area of less than 15,000 square feet (lots with areas that exceed 30,000 square feet have the potential for further subdivision). 2) The conditions upon which this variance is based are applicable to properties in the RSF zoning district. The overall development, at the comer of two arterial roads, requires the granting of additional right-of-way at the perimeter, reducing the developable area of the site. 3) The proposed variation will provide a higher income potential through the sale of an additional lot. However, the applicant has assumed responsibility to provide a full city street to all parties abutting the cul-de-sac and stubbing utilities to properties that have the potential for further subdivision. The applicant is requesting a variance to help pay for the expenses associated with these improvements. 4) The applicant worked diligently with the surrounding neighbors to create a subdivision layout that is acceptable. One of the elements of the overall layout was the street alignment. The street could have been shifted to the west onto the neighboring properties, which would have provided the needed lot area to eliminate the variances. At the request of the neighbor to the west, the applicant located the entire right-of-way on his property (with the exception of a small corner). Additionally, the applicant provided right-of- way for Powers Boulevard and Lake Lucy Road (40 feet in depth, each). This resulted in a smaller developable area. Also, had the road been centered between the property to the west and the subject site, the applicant would have averaged lot sizes of approximately 16,000 sq. feet. 5) Approval of the variances will not be detrimental to the public welfare. The site is guided for residential uses. The proposal is in keeping with the land use. 0 i 6) The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. 6. The planning report #2003-12, dated January 6, 2004, prepared by Sharmin Al-Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Preliminary Plat with variances. ADOPTED by the Chanhassen Planning Commission this 60' day of January, 2004. CHANHASSEN PLANNING COMMISSION BY: Uli Sacchet, Chairman STAFF REPORT PROPOSAL: Preliminary Plat to Subdivide a 40,355 sq. ft. Lot into Three (3) Single -Family Lots with Variances, Burlwood 2°" Addition LOCATION: Lot 1, Block 2, Burlwood Addition. Southwest of the intersection of Lake Lucy Road and Powers Boulevard. APPLICANT: Richard Ragatz Larry and Kathy Kerber Epic Development, LLC. 6420 Powers Boulevard 3441 St. Paul Avenue Chanhassen, MN 55317 Minneapolis, MN 55416 (952) 474-4710 (612) 730-2814 PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential Low Density (Net Density 1.2 — 4.0 units per acre) ACREAGE: 40,355 square feet DENSITY: 3.2 Units per Acre Gross/Net SUMMARY OF REQUEST: Subdivision of 0.926 acres into 3 single-family lots and lot area variances. Notice of this public hearing has been mailed to all property owners within 500 feet on December 26, 2003. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. P�/P ►-J V Burlwood 2"d Addition January 6, 2004 Page 2 BACKGROUND On December 8, 2003, the City Council approved final plat for Subdivision #03-12 for Burlwood Addition for 7 lots and two outlots with variances to allow a private street and a 50 foot right-of- way as shown on the plans received September 29, 2003, subject to conditions. PROPOSAUSUMMARY The applicant is proposing to subdivide 40,355 square feet into 3 single family lots with lot area variances. The property is zoned RSF, Single Family Residential District. The site is located west of Powers Boulevard and approximately 500 feet south of Lake Lucy Road. The site contains a single family home and a detached garage. Access to the site is proposed off of Powers Boulevard via a residential street. All lots meet the minimum lot width and depth requirements of the zoning ordinance. The lot area is deficient. The ordinance requires a minimum lot area of 15,000 square feet. The proposed average lot size is 13,451 square feet. Each parcel can accommodate a 60' x 60' house pad as shown on Sheet P-3. E Burtwood 2"d Addition January 6, 2004 Page 3 n LA Staff is recommending approval of the subdivision with variances, with the conditions outlined in the staff report. PRELEVE NARY PLAT The applicant is proposing to subdivide a 40,355 square foot site into 3 single family lots. The density of the proposed subdivision is 3.2 units per acre. All three lots have an area of less than 15,000 square feet, with an average lot size of 13,451 square feet. The applicant is requesting a lot area variance. All proposed lots meet the minimum width and depth requirements of the Zoning Ordinance. The lots are proposed to be served via a public street. A single family home and a detached garage are located on the property. In the attached narrative provided by the applicant, it is stated that the detached two car garage and the single family home should be demolished prior to construction. The property line between proposed Lots 1 and 2 is located under the footprint of the garage, resulting in nonconformity. The applicant will be required to remove the garage prior to recording the final plat. Also, a two car garage must be provided for the existing single family home as required by the zoning ordinance or the single family home should be demolished prior to the recording of the plat as well. Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance if the lot area variance is approved. WETLANDS There are none. GRADING. DRAINAGE & EROSION CONTROL The plans show three proposed lots. The grading plan proposes to grade approximately the whole site to develop three house pads and driveways. If importing or exporting materials for development of the site is necessary, the applicant will need to supply the City with a haul route for review and approval prior to the site grading commencing. The portion of the existing storm sewer line that goes through Lots 1 and 2 must be replaced and realigned over the shared property line between Lot 1 and Lot 2. A minimum 20 -foot wide public drainage and utility easement is required over the storm sewer. In addition, the grading plan needs to be revised between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. 0 Burlwood 2"H Addition January 6, 2004 Page 4 �J Erosion control measures and site restoration must be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends a rock construction entrance be used and shown on the plans. The silt fence must be extended around the proposed berm along the east side of proposed Lots 1 and 2. In addition, tree preservation fencing should be denoted on the grading plan. iT1'ILITIES No public utility lines have been proposed with this project. The lots will be serviced with private sewer and water service stubs from the public utility lines that will be installed with the first addition. The sanitary sewer and water hookup charges will be applicable for each lot. The 2003 trunk sanitary sewer hookup charge is $1,440 per unit and the trunk watermain hookup charge is $1,876 per unit. The 2003 SAC charge is $1,275 per unit. All of these charges are based on the number of SAC units assigned by the Met Council. Sanitary sewer and water hookup fees may be specially assessed against the parcel at the time of building permit issuance. STREETS No public street improvement is proposed. The site is proposed to be accessed via the new public street "Golden Glow Court" along the west side of the lots. PARKS This property lies within the neighborhood park service areas of both Curry Farms Park and Carver Beach Park. TRAILS Two segments of the City's Comprehensive Trail Plan are located near this property. The first is an on -street trail located along both the eastbound and westbound lanes of Lake Lucy Road. The second is an off-street 8 ft. wide bituminous trail located on the east side of Powers Boulevard. This is across the street from the subject plat. The best crossing location for pedestrians is at the intersection of Powers Boulevard and Lake Lucy Lane. With these public services in place, the Park and Recreation Director is not recommending any additional public park or trail services be constructed as a part of this subdivision. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. 0 Burlwood 2"4 Addition January 6, 2004 Page 5 TREE PRESERVATIOWLANDSCAPING 41 Revised tree preservation calculations for Burlwood First and Second Additions were submitted by the applicant. These calculations were for the entire site rather than each addition. The conditions of approval for the Second Addition will reflect the amended quantities. They are as follows: Total upland area (excluding wetlands) 5.27 ac. or 229,583 SF Baseline canopy coverage 35% or 80,941 SF Minimum canopy coverage allowed 30% or 68,875 SF Proposed tree preservation 13% or 30,142 SF The developer does not meet minimum canopy coverage required; therefore the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage (68,875 — 30,142) 38,733 SF Multiplier x 1.2 Total replacement 46,480 SF Total number of trees to be planted 43 trees (46,480 =1089) The total number of trees required for the development is 43. The applicant has proposed a total of 56 trees. All replacements must meet minimum size requirements. No more than one-third of the trees may be from any one species. The applicant is proposing 44 transplanted evergreens and 12 deciduous trees for reforestation on site. Taking the ordinance requirements into consideration, only 14 of the evergreens can count towards reforestation. The other 29 trees, of the 43 required, must be species other than spruce. Therefore, the applicant must increase the number of deciduous trees, specified in the landscaping plan as ash, linden, oak, maple or honeylocust, to 29 The subdivision is also required to have buffer yard plantings along Powers Boulevard and Lake Lucy Road. Requirements are as follows: Location Required Proposed Powers Blvd. — buffer 16 overstory trees 19 overstory yard B — 20' width 24 understory trees 42 understory 800' length 40 shrubs 0 shrubs Lake Lucy Road 4 overstory trees 4 overstory Buffer yard B —15' 6 understory trees 3 understory width 11 shrubs 0 shrubs 180' length 0 0 Burlwood 2"d Addition January 6, 2004 Page 6 The applicant must increase buffer yard plantings to meet minimum ordinance requirements. The applicant has proposed a 4' berm along Powers Boulevard on top of which would be placed transplanted evergreens. The berm starts at the base of the 19 existing deciduous trees. Tree protection fencing must be installed around those trees before grading commences. COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Lot Lot Home Area Width Depth Setback Ordinance 15,000 90' 125' 30' frontlrear 10' sides BLOCK 1 Lot 1 13,527 97' 140' 30730' Comer lot 10' Lot 13,182 95' 138.5' 30730' 10' Lot 3 13,646 98' 148.5' 30730' 10' SUBDIVISION - FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance if the lot area variances are approved. 2. The proposed subdivision is consistent with all applicable city, county and regional plans, including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; • 0 Burlwood 2id Addition January 6, 2004 Page 7 Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. VARIANCE The applicant is requesting an area variance for all three lots. The zoning ordinance requires 15,000 square feet per lot. All three parcels have an area of 13,000 + square feet. These lots exceed width and depth requirements of the Residential Single Family District and can accommodate a 60' x 60' house pad. The applicant submitted three house designs he intends to use on these lots. Staff calculated the hard surface coverage of each of the proposed house pads on the different lots as shown on the table entitled Burlwood Second Addition: 0 r Burlwood 2"d Addition January 6, 2004 Page 8 BURLWOOD SECOND ADDITION Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 % Lot Hard Lot Drive % Hard Lot Drive % Hard Area Driveway Surface Area way Surface Area wa Surface 13,52 13,18 13,64 7 22*30 2 22*30 6 22*30 Floor Plan A (2 car garage) 1,178 660 14% 1,178 660 14% 1,178 660 13L— 3 0, -Floor FloorPlan B (2 car ara e) 1,192 660 14% 1,192 660 14% 1,192 660 14% Floor Plan C (3 car ara e) 1,182 660 14% 1,182 660 14% 1,182 660 13% VARIANCE FINDINGS The Planning Commission shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre- existing standards without departing downward from them meet these criteria. Finding: The applicant is requesting to create three parcels that can accommodate single family homes but are deficient in area. Staff examined the area within 500 feet. None of these lots have an area of less than 15,000 square feet (lots with areas that exceed 30,000 square feet, have the potential for further subdivision). 0 Burlwood 2d Addition January 6, 2004 Page 9 b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which this variance is based are applicable to properties in the RSF zoning district. The overall development, at the comer of two arterial roads, requires the granting of additional right-of-way at the perimeter, reducing the developable area of the site. C. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: The proposed variation will provide a higher income potential through the sale of an additional lot. However, the applicant has assumed responsibility to provide a full city street to all parties abutting the cul-de-sac and stubbing utilities to properties that have the potential for further subdivision. The applicant is requesting a variance to help pay for the expenses associated with these improvements. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The applicant worked diligently with the surrounding neighbors to create a subdivision layout that is acceptable. One of the elements of the overall layout was the street alignment The street could have been shifted to the west onto the neighboring properties, which would have provided the needed lot area to eliminate the variances. At the request of the neighbor to the west, the applicant located the entire right-of-way on his property (with the exception of a small comer). Additionally, the applicant provided right- of-way for Powers Boulevard and Lake Lucy Road (40 feet in depth, each). This resulted in a smaller developable area. Also, had the road been centered between the property to the west and the subject site, the applicant would have averaged lot sizes of approximately 16,000 sq. feet. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located Finding: Approval of the variances will not be detrimental to the public welfare. The site is guided for residential uses. The proposal is in keeping with the land use. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. • Burlwood 2"d Addition January 6, 2004 Page 10 C Finding: The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. Based upon these findings, staff is recommending approval of this variance with conditions. RECOMMENDATION Staff recommends the Planning Commission adopt the following motions: PRELIMINARY PLAT "The Planning Commission recommends approval of Subdivision #03-12 for Burlwood 2nd Addition for 3 lots with lot area variances as shown on the plans received October 17, 2003, based upon findings in the staff report and subject to the following conditions: 1. Applicant shall revise the landscape plan to show a minimum of 43 trees to be planted. 2. A minimum of two deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits around all trees proposed to be preserved prior to any grading. 5. All transplanted evergreens must have a warranty for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. 7. 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. 8. Applicant shall plant a minimum of 16 overstory, 24 understory, and 40 shrubs along Powers Boulevard and 4 overstory, 6 understory, and 11 shrubs along Lake Lucy Road. 9. Fire Marshal Conditions: a. One fire hydrant will be required. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrant. 0 •. Burlwood 2"d Addition January 6, 2004 Page 11 b. The new proposed street will be required to have a street name. Submit proposed name to Chanhassen Building Official and Fire Marshal for review and approval. C. A 10 -foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and operated by firefighters (pursuant to Chanhassen City Ordinance #9-1). d. No burning permits will be issued for tree/shrub disposal. Any trees removed must be removed or chipped on site. 10. Show City Detail Plate Nos. 5300 and 5301. 11. On the grading plan: a. Add a 75 -foot minimum rock construction entrance. b. Revise the grading between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad. c. Extend the silt fence around the proposed berm along the east side of Lot 1 and Lot 2. d. Add a bench mark to the plan. e. Show all existing and proposed easements. f. Show the proposed contours for the berm along Powers Boulevard. 12. All disturbed areas shall be resodded or reseeded within two weeks of grading completion. 13. If fill is imported or exported, the applicant will need to supply the City with a haul route plan for approval. 14. The property is subject to sanitary sewer and water hookup charges. The 2003 trunk utility hookup charges are $1,440 per unit for sanitary sewer and $1,876 per unit for water. The 2003 SAC charge is $1,275 per unit. These fees will increase in 2004 and will be collected prior to building permit issuance and are based on the number of SAC units for the new building addition. 15. Relocate the existing storm sewer on the property to within a 20 -foot easement along the shared property line between Lot 1 and Lot 2. 16. Show all existing and proposed easements on the preliminary plat. Burlwood 2"d Addition January 6, 2004 Page 12 17. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 18. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 19. Prior to final platting, site drainage map and calculations will need to be submitted for staff review. The site drainage has to be designed for a 10 -year, 24-hour storm event. 20. Building Official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. c. Demolition permits must be obtained before demolishing any structures. 21. The applicant will be required to remove the single family home and the detached two car garage prior to recording the final plat. 22. The applicant shall pay park fees in lieu of land dedication or trail construction on two lots based on the fees in effect at the time of final plat approval." �-3 ATTACHMENTS 1. Findings of Fact 2. Application and Narrative. 3. Memo from Rich Ragatz granting extension of the 60 days to 120 days. 4. Memo from Mak Sweidan, dated November 10, 2003. 5. Memo from Steven Torell, dated November 10, 2003. 6. Notice of Public Hearing. 7. Potential House Plans. 8. Preliminary Plat dated received October 17, 2003. gApbn\n%w1wood 2nd/ Bulwood 2nd prelim / I s a WY1 i �� QX, -6�c`W5e,5 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Burlwood 2°d Addition Subdivision #2003-12 On January 6, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Preliminary Plat to Subdivide 40,355 sq. ft. Lot into Three (3) single-family Lots with Variances, Burlwood 2°d Addition. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned RSF, Single -Family Residential. 2. The property is guided in the Land Use Plan for Residential —Low Density (1.2 — 4.0 units per net acre). 3. The legal description of the property is attached as exhibit A. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: 1) The proposed subdivision is consistent with the zoning ordinance; 2) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; 3) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; 4) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; 5) The proposed subdivision will not cause environmental damage; 0 LI 6) The proposed subdivision will not conflict with easements of record; and 7) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. 5. The Planning Commission shall not grant a variance unless they find the following facts: 1) The applicant is requesting to create three parcels that can accommodate single family homes but are deficient in area. Staff examined the area within 500 feet. None of these lots have an area of less than 15,000 square feet (lots with areas that exceed 30,000 square feet have the potential for further subdivision). 2) The conditions upon which this variance is based are applicable to properties in the RSF zoning district. The overall development, at the comer of two arterial roads, requires the granting of additional right-of-way at the perimeter, reducing the developable area of the site. 3) The proposed variation will provide a higher income potential through the sale of an additional lot. However, the applicant has assumed responsibility to provide a full city street to all parties abutting the cul-de-sac and stubbing utilities to properties that have the potential for further subdivision. The applicant is requesting a variance to help pay for the expenses associated with these improvements. 4) The applicant worked diligently with the surrounding neighbors to create a subdivision layout that is acceptable. One of the elements of the overall layout was the street alignment. The street could have been shifted to the west onto the neighboring properties, which would have provided the needed lot area to eliminate the variances. At the request of the neighbor to the west, the applicant located the entire right-of-way on his property (with the exception of a small comer). Additionally, the applicant provided right-of- way for Powers Boulevard and Lake Lucy Road (40 feet in depth, each). This resulted in a smaller developable area. Also, had the road been centered between the property to the west and the subject site, the applicant would have averaged lot sizes of approximately 16,000 sq. feet. 5) Approval of the variances will not be detrimental to the public welfare. The site is guided for residential uses. The proposal is in keeping with the land use. 9 0 6) The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. 6. The planning report #2003-12, dated January 6, 2004, prepared by Sharmin Al-Jaff, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Preliminary Plat with variances. ADOPTED by the Chanhassen Planning Commission this 6th day of January, 2004. BY: Uli Sacchet, Chairman CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952)227-1100 DEVELOPMENT REVIEW APPLICATION p¢ t t. � APPLICANT: I�: e l �g c�q } 1 of C19"e Oe�- C l➢f ~ OWNER: Lame k-kl g Ker bPr- ADDRESS: 3 `-( `-11 SV, Pa u I l9y4 Aa" r RN � o f -( M N Y5_414 TELEPHONE (Day time) (61 L) _7 3 o - i f 14 ADDRESS: 6 LI Z O Po w fi- P '61 d gu-e,, 4nd sral TELEPHONE: C75't y-�y_ 47ro Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of ROW/Easements Interim Use Permit )< Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development' Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review' X Escrow for Filing Fees/Attorney Cost' ($50 CUP/SPRNACNARNVAP/Metes and Bounds, $400 Minor SUB) Subdivision- TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. `Twenty-six full size folded copies of the plans must be submitted, including an 81/z" X 11" reduced copy for each plan sheet. " Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME Lr L-00 1 1,6 LOCATION 6-700 Poi ,or_f 81,, LEGAL DESCRIPTION Se e S - '-t TOTALACREAGE 5, WETLANDS PRESENT YES 0 I f-; o„ ( so P�' f,J J # 2- r 00 pie: PRESENT ZONING REQUESTED ZONING PRESENT LAND USE DESIGNATION f o <� s l-� .X r. rJ+n F 000 REQUESTED LAND USE DESIGNATION f 9— d e h f.' L. N, J., /•'s J REASON FOR THIS REQUEST 5 A 0' S Q ! o 1 01 U / This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Application Received on Fee Paid c<< 161t-) /03 Date ,2 Dat Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. 0 PRELIMINARY PLAT APPLICATION (1) Identification and Description a. Proposed name of the subdivision is: Burlwood b. Legal Description: That part of the Northwest Quarter of the Southwest Quarter of Section 2, Township 116 North, Range 23 West of the 5`" Principal Meridian, lying westerly of the centerline of County State Aid Highway 17. Excepting there from the four following described parcels of land. Exceptions: 1. The South 434.00 feet of the above described property 2. The North 240.00 feet of the South 674.00 feet of the West 215.00 feet of said Northwest Quarter of Southwest Quarter 3. The North 230.00 feet of the South 904.00 feet of the West 190.00 feet of said Northwest Quarter of the Southwest Quarter 4. That part of the West 200.00 feet of said Northwest Quarter of the Southwest Quarter, lying northerly of the South 904.00 feet of said Northwest Quarter of the Southeast Quarter. c. Current Owner/Seller: Larry & Kathy Kerber 6420 Powers Boulevard Chanhassen, MN 55317 Developer/Buyer: Richard Ragatz Epic Development, LLC 3441 St. Paul Avenue Minneapolis, MN 55416 Land Surveyor: Thomas Hodorff Harry S. Johnson Co., Inc. 9063 Lyndale Avenue South Bloomington, MN 55420 Engineer/ Designer of the Plat: Perry Ryan, P.E. Ryan Engineering 434 Lake Street Excelsior, MN 55331 d. See attached plans for scale e. See attached plans for north arrow f. Date of Preparation: October 17, 2003 (2) Existing Conditions: a. See attached plans for boundary lines of proposed subdivision b. Existing zoning classification for land within and abutting the subdivision is: Residential - Low Density (Net Density Range 1.2 - 4 u/Acre) c. Total site size is 5.17 acres or 225,058 square feet and 3.995 net acres (excludes Powers Blvd and Lake Lucy right-of-way); Lot sizes are as follows and the dimensions are on the Preliminary Plat: Lot 1: 13,527 square feet Lot 2: 13,182 square feet Lot 3: 13,646 square feet Average Lot Size For Entire Subdivision =16,584 square feet d. See the attached ALTA and Topographic Survey for details. The site does not have any existing streets, however, there is a platted cul-de-sac that dead -ends along the subject's southern boundary called Golden Glow Court. There are two structures on the subject property, which are a single family home and a detached two -car garage that should be demolished prior to construction. e. Starting with the parcel adjacent to the west of the subject and along Lake Lucy Road: Jon & Laurie Steckman at 1215 Lake Lucy Road; adjacent to the west and just south of the Steckman's is Bob & Ethelyn Christensen at 6648 Powers Blvd (he plans to subdivide in the Spring of 2004); adjacent to south of Christensen's is Bob & Diane Martinka at 6650 Powers Blvd (they have talked about subdividing with the neighbors a couple years ago, however, they currently are saying they have no interest); immediately south of subject is Carol Egyhazi at 6720 Powers Blvd; and abutting the proposed cul-de-sac to the west is Michael & Margaret Cuccia at 6722 Powers Blvd. L See attached Topographic Survey for details g. Location, size and approximate grade of proposed public sewer and water mains are as follows: h. See following soil -boring report completed by GME Consultants and dated June 2, 2003. i. See attached utility plan for details. j. The location of the wetland is detailed on the ALTA and Topographic Survey. The wetland was identified in the enclosed Wetland Delineation Report completed by GME Consultants and dated May 22, 2003. The area of the wetland totals 5,963 square feet. k. The property is not within the Bluff Creek Overlay District. (3) Proposed Design Features: a. See attached street plan for details. b. There will not be any pedestrian ways due to the size of the site. See Utility plan and ALTA Survey for utility easement details. c. See enclosed land plan for details. d. Minimum setback lines are shown on the enclosed land plan. e. There are no areas intended to be dedicated or reserved for public use due to the site size. L See attached Utility plan for details. g. The site is not a recorded plat. (4) Supplementary Information: a. The proposed land plan shows a total of 9 single-family lots that are projected to have homes priced between $350,000 to $550,000. This is a small and low-density development that should have minimal impact on traffic, additional fire hazards, or population density. b. No proposed protective covenants, however, we are preserving through design and transplanting, as many trees as physically possible. c. See attached Drainage plan for details. d. See attached Grading plan for details. e. No zoning changes proposed. f. Subdivider does not own any adjacent land. g. See attached soil erosion and sediment control plan. h. See attached vegetation preservation and protection plan for details. We have thoughtfully designed the proposed plan so that as many of the mature trees as possible can be preserved. The ones that cannot be preserved due to construction will be transplanted wherever possible. It should be noted that we are tying into the existing elevation along Martinka's property boundary and will not be filling or cutting more than 3 feet within 10 feet of this property line. Therefore, we feel that there should be no adverse impact to Martinka's property and we think that we have done everything in our power to protect adjacent properties. i. The required variance for Burlwood 2°d Addition is: 1. Lots 1-3 Block 2 do not meet the 15,000 square foot minimum lot size. Having three lots that do not meet the minimum lot size is justified for several reasons: 1. Looking at the overall Burlwood subdivision, the development and lots meet the spirit of the zoning code with frontage widths of over 90 feet each and an average lot size of approximately 16,500 square feet. It just happens that the three southern lots are approximately 1,500 square feet less than the minimum. 2. These southern lots would meet the minimum lot size if the road and right-of-way were not entirely on the Kerber parcel and more equitably shared along with the easement agreement with Carol Egahazi that would give an additional 17 feet along the southern boundary of the Kerber parcel, if I wanted to enforce that agreement. The road has been moved as far east of Kerber's western property line in order to save as many mature trees as possible. Moving the road should result in a savings of up to 6 mature trees (this is a hardship!). 3. All three of these lots still have a 60 x 60 building pad so the resulting homes, especially in the $350,000 to $550,000 price range will easily fit on these lots. Much more expensive homes are being built on far smaller lots and frontage widths. I will have an example of the 0 footprint and home for these lots at the Planning Commission and City Council meeting. 4. I am solving a problem created back in 1995-96 that is who benefits and who pays. I have 5 lots that benefit from the cul-de-sac out of a total of 14 lots, which is approximately 33% of the benefit, and I am willing to pay for all of the cost of building the road and cul-de- sac. The lots south of the site would argue to the bitter end that they do not benefit and, therefore, are not going to pay. The road also makes the southern lots less desirable due to double and triple frontage. I know this reason is an economic reason, however, it solves a potentially sticky problem and helps defray the significant increase cost to me. The subject site and surrounding under -developed parcels make designing a subdivision that allows future development a challenge. We have several alternative 8 and 9 lot layouts that would not require any variances, however, these layouts would not provide access and conform to the Golden Glow Court cul-de-sac designed and platted in 1995. As a result, we feel that our land plan preserves the most trees, improves public safety (concentrates ingress/egress to Powers Boulevard on a public street verses a private drive), and allows adjacent under -developed parcels to subdivide in the future via connecting to the road/future cul-de-sac. j. For the water distribution system see attached k. All meet minimum City Code requirements. 1. Such other info requested by City. Due to the controvercy of the subject property and surrounding area (Golden Glow Acres development), development agreements can be made available upon request. in. Due to the size of the site and minimal number of units, no photo composite images or artistic renderings have been provided. MEMORANDUM To: Sharmeen Al-Jaff, Senior Planner From: Rich Rag= of Epic Development RE: Burlwood 2nd Addition Subdivision Sharmeen: As a follow-up to our recent conversation, i am granting an granting a 60 day extension to my application and requesting that the .Burlwood To Addition be rescheduled for December 2"d, 2003 Planning Commission meeting. Please let me know if you have questions or any additional comments, Thanks again for all your hard work! Sincerely, Rich.Ragatz Epic Devclopmem, LLC (612)730-2814 Building Inspections Phone: 952.227.1180 Upon review of the preliminary plat prepared by Ryan Engineering, received Oct. 17, • • Engineering MEMORANDUM Phone: 952227.1160 with private sewer and water service stubs from the public utility lines that will be CITY OF GRADING, DRAINAGE & EROSION CONTROL Finance The plans show three proposed lots. The grading plan proposes to grade approximately CHANHASSEN09-407100 TO: Sharmeen AI-Jaff, Senior Planner materials for development of the site is necessary, the applicant will need to supply the Market Boulevard FROM: Mak Sweidan, Engineer against the parcel at the time of building permit issuance. PC Boz 147 The portion of the existing storm sewer line that goes through Lots 1 and 2 must be Recreation Center replaced and realigned over the shared property line between Lot 1 and Lot 2. A Chanhassen, MN 55317 DATE: November 10, 2003 sewer. In addition, the din Ian needs to be revised between Lot 1 and Lot 2 to avoid grading P Administration SUBJ: Preliminary Plat Review of Burlwood 2°d Addition Phone: 952.227.1100 Fax 952.227.1110 Natural Resources File No. 03-21 LUR Phone: 952227.1130 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Upon review of the preliminary plat prepared by Ryan Engineering, received Oct. 17, Fax 952.227.1190 2003, I offer the following comments and recommendations: Engineering No public utility lines have been proposed with this project. The lots will be serviced Phone: 952227.1160 with private sewer and water service stubs from the public utility lines that will be Fax 952.227.1170 GRADING, DRAINAGE & EROSION CONTROL Finance The plans show three proposed lots. The grading plan proposes to grade approximately Phone: 952.227.1140 Faz:952.227.1110 the whole site to develop three house pads and driveways. If importing or exporting g materials for development of the site is necessary, the applicant will need to supply the Pads & Recreation City with a haul route for review and approval prior to the site grading commencing. Phone: 952227.1120 against the parcel at the time of building permit issuance. Fax: 952.227.1110 The portion of the existing storm sewer line that goes through Lots 1 and 2 must be Recreation Center replaced and realigned over the shared property line between Lot 1 and Lot 2. A 2310 Coulter Boulevard minimum 20 -foot wide public drainage and utility easement is required over the storm Phone: .227.1404 Fax: 952227.1404 sewer. In addition, the din Ian needs to be revised between Lot 1 and Lot 2 to avoid grading P draining stormwater toward the Lot 1 house pad. Planning & Natural Resources Erosion control measures and site restoration must be developed in accordance with the Phone: 952227.1130 Fax: 952.227.1110 City's Best Management Practice Handbook (BMPH). Staff recommends a rock construction entrance be used and shown on the plans. The silt fence must be extended Public Works around the proposed berm along the east side of proposed Lots 1 and 2. In addition, tree 1591 Park Road preservation fencing should be denoted on the grading plan. Phone: 952.227.1300 Fax 952227.1310 Senior Center UTILITIES Phone: 952227.1125 Fax:952.227.1110 No public utility lines have been proposed with this project. The lots will be serviced with private sewer and water service stubs from the public utility lines that will be Web Site www.ci.chanhassennn.us installed with the first addition. The sanitary sewer and water hookup charges will be applicable for each lot. The 2003 trunk sanitary sewer hookup charge is $1,440 per unit and the trunk watermain hookup charge is $1,876 per unit. The 2003 SAC charge is $1,275 per unit. All of these charges are based on the number of SAC units assigned by the Met Council. Sanitary sewer and water hookup fees may be specially assessed against the parcel at the time of building permit issuance. The City of Chanhassen • A growing community with clean lakes, quality schools, a chaining downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. Sharmeen Aff • December 19, 2003 Page 2 STREETS No public street improvement is proposed. The site is proposed to be accessed via the new public street "Golden Glow Court" along the west side of the lots. RECOMMENDED CONDITIONS OF APPROVAL 1. Show City Detail Plate Nos. 5300 and 5301. 2. On the grading plan: a. Add a 75 -foot minimum rock construction entrance. b. Revise the grading between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot 1 house pad c. Extend the silt fence around the proposed berm along the east side of Lot 1 and Lot 2. d. Add a bench mark to the plan. e. Show all existing and proposed easements. f. Show the proposed contours for the berm along Powers Boulevard. 3. All disturbed areas shall be resodded or reseeded within two weeks of grading completion. 4. If fill is imported or exported, the applicant will need to supply the City with a haul route plan for approval. 5. The property is subject to sanitary sewer and water hookup charges. The 2003 trunk utility hookup charges are $1,440 per unit for sanitary sewer and $1,876 per unit for water. The 2003 SAC charge is $1,275 per unit. These charges are collected prior to building permit issuance and are based on the number of SAC units for the new building addition. 6. Relocate the existing storm sewer on the property to within a 20 -foot easement along the shared property line between Lot 1 and Lot 2. 7. Show all existing and proposed easements on the preliminary plat. 8. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 9. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 10. Prior to final platting, site drainage map and calculations will need to be submitted for staff review. The site drainage has to be designed for a 10 -year, 24- hour storm event. c: Matt Saam, Acting Public Works Director/City Engineer rN=gbmjectswmtwooMndM dw MEMORANDUM TO: Sharmin Al-Jaff, Senior Planner FROM: Steven Torell, Building Official DATE: November 10, 2003 SUBJ: Site Plan review for: Burlwood 2nd Addition Planning Case: 2003-12 SUB I have reviewed the plans for the for the above development and have the following conditions: 1. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 2. Each lot must be provided with a separate sewer and water service. 3. Demolition permits must be obtained before demolishing any structures. G/safety/st/memos/plan/Burlwood 2" d Addition CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on December 26, 2003, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of A Request for a Preliminary Plat to replat one lot ito 3 single family lots with variances, located at 6700 Powers Blvd., Burlwood 2nd Addition, to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. K-dren J. E ge hardt, puty Clerk Subscribed and sworn to before me this _ day of 2003. Notary Public gAengVonvs\affidavit.doc r NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, JANUARY 6, 2004 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Preliminary Plat to replat one lot APPLICANT: Epic Development LLC into 3 single family lots with variances LOCATION: 6700 Powers Blvd. Burlwood 2nd Addition NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Epic Development LLP, is requesting a preliminary plat to replat one lot (40,355 sq. ft.) into 3 single family lots with variances, located at 6700 Powers Boulevard, Burlwood 2nd Addition. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1134 or e-mail saljaff@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on December 25, 2003. • City Review Procedure 0 Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments, Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. Staff prepares a report on the subject application. This report includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. &Aplan\fo \inview procedure 009IS Jasel • •qel ssaippy ®A213AV* I ANDREW B & SUSAN L AKINS 6699 MULBERRY CIR E CHANHASSEN MN 55317-8409 BRUCE & JULIE MAYER 6693 MULBERRY CIR E CHANHASSEN MN 55317-8409 CHARLES E & LAURAL R JOHNSON 1100 LAKE LUCY RD CHANHASSEN MN 55317-8675 DAVID F SMITH & LAURA L FRANZEN-SMITH 5770 KELSEY DR EXCELSIOR MN 55331-8588 DUANE H & MONA R UDSTUEN 6636 MULBERRY CIR E CHANHASSEN MN 55317-8408 HELEN JACQUES C/O A SUZETTE LEIZINGER 16010 EXCELSIOR BLVD MINNETONKA MN 55345-5408 JEFFREY N & MELISSA A ELDER 6696 MULBERRY CIR E CHANHASSEN MN 55317-8408 JENNIE A HAYS 6691 POWERS BLVD CHANHASSEN MN 55317-9513 KEITH DOUGLAS TRASK & ELGAH MOJOKO TRASK 6770 CHAPARRAL LN CHANHASSEN MN 55317-9222 LAWRENCE & KATHLEEN KERBER 6420 POWERS BLVD CHANHASSEN MN 55317-9434 .note ja midwai asn BEDDOR ENTERPRISES LP 7951 POWERS BLVD CHANHASSEN MN 55317-9502 CAROL J EGYHAZI 6720 POWERS BLVD CHANHASSEN MN 55317-9548 CHRISTOPHER SCOTT EIMAN 1206 LAKE LUCY RD CHANHASSEN MN 55317-9433 DAVID M & COLLEEN B RONNEI 6666 MULBERRY CIR E CHANHASSEN MN 55317-8408 it E SAMUEL CHASE III 6621 ARLINGTON CT CHANHASSEN MN 55317-7506 i JAMES ERIK & PATRICIA JOHANSON 6500 PEACEFUL LN CHANHASSEN MN 55317-9510 JEFFREY ROBERT SMITH & CAROLYN WELDON SMITH 6601 ARLINGTON CT CHANHASSEN MN 55317-7506 JOHN P & BARBARA J SPIESS 6610 ARLINGTON CT CHANHASSEN MN 55317-7506 KEVIN L & JULIE A GRAFFT 6726 POWERS BLVD CHANHASSEN MN 55317-9548 ii II if LAYTON B & MADELYN L PAINE 1092 SHENENDOAH CIR CHANHASSEN MN 55317-9542 BRENT & KARLA WENNERSTROM 6790 CHAPARRAL LN CHANHASSEN MN 55317-9222 CARVER COUNTY CARVER COUNTY GOVT CTR -ADMIN 600 4TH ST E CHASKA MN 55318-2102 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 j CHANHASSEN MN 55317-0147 DAVID P SMITH & JULIA A SIMENSON-SMITH i 6724 POWERS BLVD CHANHASSEN MN 55317-9548 GERALD A JR & DENISE M FEDIE 6800 UTICA CIR CHANHASSEN MN 55317-9514 JAMES P MANDERS 6791 CHAPARRAL LN CHANHASSEN MN 55317-9223 JEFFREY W & LAURA A BROS 6771 CHAPARRAL LN CHANHASSEN MN 55317-9223 JON G & LAURIE P STECKMAN 1215 LAKE LUCY RD CHANHASSEN MN 55317-9433 KEVIN L ANDVIK & TONETTE F CLINE-ANDVIK ! ' : 6606 MULBERRY CIR E CHANHASSEN MN 55317-8408 LESTER F III & JUDY L BOLSTAD 1101 LAKE LUCY RD CHANHASSEN MN 55317-8676 0091s jasel MARY ELIZABETH MARTIN 6620 ARLINGTON CT CHANHASSEN MN 55317-7506 MICHAEL A WANNER & SCOTT HEGEL 1180 LAKE LUCY RD CHANHASSEN MN 55317-8675 PAUL A & SHERYLL A KREUTER 1090 CARVER BEACH RD CHANHASSEN MN 55317-9529 REMIGIJUS KLYVIS 6780 CHAPARRAL LN CHANHASSEN MN 55317-9222 ROBERT JBOE 6801 UTICA CIR CHANHASSEN MN 55317-9514 RONNIE K & TERESA M HAGEN 1200 LAKE LUCY RD CHANHASSEN MN 55317-9433 RUSSELL J &BONNIE G SIAKEL 6703 MULBERRY CIR E CHANHASSEN MN 55317-8407 STEVEN L & PATRICIA A PAUL 1031 CARVER BEACH RD CHANHASSEN MN 55317-9529 TERRANCE E & DEBRA J BLACK 6511 WELSLEY CT CHANHASSEN MN 55317-7505 TODD W & TERESA E DECKARD 6611 ARLINGTON CT CHANHASSEN MN 55317-7506 .n4r.c joi amidwal asn MATTHEW G & LISA L KLING 6683 MULBERRY CIR CHANHASSEN MN 55317-8409 MICHAEL J CUCCIA & MARGARET J CUCCIA 6722 POWERS BLVD CHANHASSEN MN 55317-9548 PAUL D & ANNE M KAPSNER 6635 MULBERRY CIR E CHANHASSEN MN 55317-8409 RICHARD C ERSBO 6665 MULBERRY CIR E CHANHASSEN MN 55317-8409 i ROBERT MYRON AHRENS JR & PATRICIA M AHRENS 1081 LAKE LUCY RD CHANHASSEN MN 55317-8678 i I ROY R & JACQUELINE B ANDERSON 6695 MULBERRY CIR E CHANHASSEN MN 55317-8409 i SCOTT J & JESSICA FREDRICKSON 6681 POWERS BLVD CHANHASSEN MN 55317-9513 i i SUSAN K ARNDT 6520 WELSLEY CT CHANHASSEN MN 55317-7505 THOMAS K & ANNE H MCGINN 1121 LAKE LUCY RD CHANHASSEN MN 55317-8676 WILLIAM & JULIEANN INFANGER 6740 POWERS BLVD CHANHASSEN MN 55317-9548 �Lq ssaippy ®AUaAVID MATTHEW H & SANDRA L HARDY 6800 CHAPARRAL LN CHANHASSEN MN 55317-9224 NICHOLAS M & JUDY A JACQUES 1214 LAKE LUCY RD CHANHASSEN MN 55317-9433 PETER J & CYNTHIA L MILLER 6605 MULBERRY CIR E CHANHASSEN MN 55317-8409 ROBERT E & DIANE L MARTINKA 6650 POWERS BLVD CHANHASSEN MN 55317-9513 I ROBERT R & ETHELYN III CHRISTENSEN 11 6648 POWERS BLVD CHANHASSEN MN 55317-9513 RUSSELL G KOHMAN 6730 POWERS BLVD CHANHASSEN MN 55317-9548 STEVEN J & DEBORAH MANNING 6687 MULBERRY CIR E CHANHASSEN MN 55317-8409 SYLVESTER & MARY ROERICK 6600 ARLINGTON CT CHANHASSEN MN 55317-7506 THOMAS M & DEBRA J GIVEN 6521 WELSLEY CT CHANHASSEN MN 55317-7505 �I WILLIAM R & JEAN K TOUPIN 6781 CHAPARRAL LN CHANHASSEN MN 55317-9223 ciaanc naaj innnmc ®0915 easel .qel ssaippV ®AU3AV @y I_ RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 ill II , 1 I l I, 1� I. I ,I I II. Ib li i I� i I —norc joi amdwai am c,»eo.- nam mmu 0 0 NOTICE OF PUBLIC HEARING PROPOSED SUBDIVISION #2003-12 WITH VARIANCES CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 6, 2004, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider the application of Epic Development LLC, requesting Preliminary Plat to replat one lot (40,355 sq. ft.) into 3 single family lots with variances, located at 6700 Powers Boulevard, Burlwood 2ud Addition. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Sharmeen A]-Jaff, Senior Planner Phone: 952-227-1134 (Publish in the Chanhassen Villager on December 25, 2003) �WG96W4MG.� ° - :HOd 3ONmsm M Kik Lir . 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Sld wp. w• W14, /i7 -U RMP rFAMe m 7fi o.< R�7 9 e N� I oil Y.6. 1� 51Ardv lxmello'ac. �_ �� Ni1 ram ) w F9 �� duh z SaISTe-19•L ae.-7 'r-IluB° Vit- r �, 7 W'_ i �q''re•� rte° ✓ 111/v/ T- idsT Q-114 Zxb IV 1ti. o�� i, 1iop 5eS e.7A•�,c• ImOrL. i (PrAM *L w% w 11* f6F- coY-- (L) v' w 18X8 w C -- w cr Idxs , 7 ® Pianco Inc 8 :»03 30N3(]IS3H a December 29, 2003 Bob & Diane Mardnka 6650 Powers Blvd Chanhassen, MN 55317 (952) 474-1103 TO: Matt Saam, City Engineer Sharmeen Al-Jaff, Senior Planer CITY OF CHANHASSEN 0 RE: A Review of our 12-14-03 Discussion of proposed Burlwood development. Thank you for the opportunity to meet on Dec. 14 REVIEW OF STATUS: Martinka's had no plan nor interest in subdividing now nor in the near future, though obviously interested in protecting the abili to subdivide whether by us or a future owner --- but even that would only be under certain conditions which have yet to be agreed upon, though which Mr. Ragatz and Gary Thompson (who is handling this on my behalf) are working toward. We have recently been advised that the only way to protect our interests with surety is to consider subdividing simultaneous with Burlwood and to gain whatever advantage might be available from doing so. If our expectations and wishes can be met, then we would proceed with application. If it appears they cannot be met, then we would be content to maintain the status quo. As stated many times in the past, our preference is to see it work for everyone with a vested interest. Following is a review of my understanding of the points we discussed on Dec. 14 based on my notes. Please correct me if in error. 1. I expressed my concern that any drainage easement imposes some constraints on construction, location of driveway, etc, You suggested that would be minimal, though my concern persists. A 20 foot easement represents 22% of a conventional 90 foot lot, if such were the case. 2. How does an easement effect set -back and frontage requirements? You reported that construction can abut the easement with no further set -back required and is not considered a "debit" against frontage. (debit -my word usage) 3. What about crossing a drainage easement for access, whether via existing bridge, new bridge, or culvert that may be required? You made reference to an "encroachment agreement" possibly being required, but saw no problem. 4. Relation to existing underground utilities, i.e., water and sewer currently serving the Martinka property. You indicated that a utility easement across a new subdivided lot should be readily available and should pose no problem. - 2- 5. I raised the question of more hardcover pushing more water through the existing drainage ditch. I believe you commented that additional provisions for runoff (underground sewer, ponding, grading, etc) should make for no additional water, possibly even less than in past years. This would be approximately consistent with the language contained in a Sept. 26d' agreement with EPIC which I assume reflected their engineeer's judgment and in which Mr. Ragatz stated ".....EPIC to drain any storm water run-off into the current drainage ditch without significantly increasing the volume of discharge of water onto Martinka's property. " ( That entire agreement to be rewritten at such a time as there is a green light on all considerations by Mr. Ragatz and Gary Thompson). 6. (Not certain we discussed this item, but it's in my notes as a question) The current status of the drainage ditch is that it's just there.... without easement .... and serving its purpose .... as it has been for as long an anyone around here remembers..... and there are no provisions for other drainage easements connecting to it either to the east .... nor downstream to the west/south. (not confident of my notes here) 7. I expressed concern for any unilateral action by the city (without consultation and mutual consent by the property owner) of changes in the ditch such as widening it, putting it underground, location, tree removal, implications for management, etc. More discussion needed. 8. I asked about specs for curb cuts, driveways, frontage, easements, and related matters. You provided me with copies of applicable ordinances which address most of my questions. Thank you for the invitation to call or meet again. I'm certain that will be necessary. I have made provisions for a "concept drawing" of a subdivided lot to be completed on or before January 5. It will be based pretty much of an earlier drawing, though addressing certain vital considerations. I will be requesting a meeting with you to review it. Once there is consensus of agreement to the "concept" and the terms with Mr. Ragatz are finalized, then I would move to expedite application to subdivide. r RoTert E. artinka `)(�_Qa ;> NOTICE OF PUBLIC HEARING PROPOSED SUBDMSION #2003-12 WITH VARIANCES CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, January 6, 2004, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose ofthis hearing is to consider the application of Epic Development LLC, requesting Preliminary Plat to replat one lot (40,355 sq. ft.) into 3 single family lots with variances, located at 6700 Powers Boulevard, Burlwood 2vd Addition. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interestedpersons areinvited to attend this public hearing and express their opinions with respect to this proposal. Sharmeen Al-Jaff, Senior Planner Phone: 952-227-1134 (Publishedinthe Chanhassen Villager on Thursday, December 25, 2003; No. 405 7) 0 Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. A` (B) The printed public notice that is attached to this Affidavit and identified as No.!!K s was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrst vwxyz By: ✓f . Laurie A. Hartmann Subscribed and swom before me on this day of,(Jl6rzor , 2003 GWEN M. RADUENZ NOTARYPU&IC MINNESOTA My CpW Expires Jan. 31, 2005 Z47 rvnis Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $21.00 per column inch Maximum rate allowed by law for the above matter ................................ $21.00 per column inch Rate actually charged for the above matter ............................................... $10.63 per column inch 4 Administration 0 0 Phone: 952127.1100 December 16, 2003 Fax: 952.227.1110 2• A minimum of three deciduous, overstory trees shall be required in the jCITYOF CIMIMSEN Mr. Richard Ragatz Building Inspections Epic Development, LLC. 7700 Market Boulevard PO Boz 147 3441 St. Paul Avenue Chanhassen, MN 55317 Minneapolis, MN 55416 Administration Re: Subdivision No. 2003-12 Phone: 952127.1100 trees to be planted. Fax: 952.227.1110 2• A minimum of three deciduous, overstory trees shall be required in the Phone: 952227.1120 Dear Mr. Ragatz: Building Inspections Fax: 952.227.1404 Phone: 952.227.1180 Fax: 952227.1190 This 1 etter is to formally notify you that on December 8, 2 003, the City Council Fax: 952.227.1310 approved the final plat for Subdivision #03-12 for Burlwood Addition for seven lots Engineering and two outlots with variances to allow a private street and a 50 foot right-of-way as Phone: 952.V7.1160 Fax: 952227.1170 shown on the plans received October 20, 2003, subject to the following conditions: Finance 1. The applicant shall revise the landscape plan to show a minimum of 51 Phone: 952.227.1140 Fax: 952.227.1110 trees to be planted. Park & Recreation 2• A minimum of three deciduous, overstory trees shall be required in the Phone: 952227.1120 front yard of each lot. Fax: 952.227. 1110 Fax: 952.227.1404 Recreation Center 3. No more than one-third of the required trees may be from any one species. 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 4. Tree preservation fence shall be installed at the edge of the grading limits Fax: 952.227.1310 on Lots 1-4 and 6, Block 1 prior to any grading. Planning & Natural Resources.1130 8. Show all of the proposed and existing easements on the plans. Phone: 952.227.1130 5. All transplanted evergreens must be warranted for two growing seasons; p gr � g Fax: 952.227.1110 9. On the grading plan: The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding Irails, and beautiful parks. A gnat place to live, work, and play. 6. A revised landscape plan must be submitted to the city. Public Worcs 1591 Park Road Phone: 952.227.1300 7. In lieu of any public improvements, a park dedication charge of $19,200 Fax: 952.227.1310 will be applicable at the time of platting. Senior Center RM. 952.227.1125 8. Show all of the proposed and existing easements on the plans. Fax 952127.1110 Web Site 9. On the grading plan: wwwachanhassen.mn.us a. Add a rock construction entrance per City Detail Plate No. 5301. b. Revise the grading on the east side of Lot 6, Block 1 to prevent trapping water near the house pads. c. Show the proposed contours for the berms along Powers Boulevard. d. Show all existing and proposed easements. e. Add a benchmark to the plan. 10. On the utility plan: a. Show all proposed and existing utility easements. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding Irails, and beautiful parks. A gnat place to live, work, and play. Mr. Richartagatz • December 16, 2003 Page 2 b. Show all existing utilities and services in the area. Also, call out the pipe type, manhole numbers, and rim/invert elevations for all existing and proposed utilities. c. Add street lights at the intersection of Powers and the new street. 11. All of the existing driveway entrances to the property from Powers Boulevard must be removed during construction. 12. Revise all slopes that exceed 3:1 or install a retaining wall. 13. All final construction plans must be signed by a professional engineer registered in the State of Minnesota. 14. Any work outside of the subject property or right-of-way will require temporary easements. 15. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. 16. The applicant has submitted drainage calculations for the site; however, additional information is still needed. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10 -year, 24-hour storm event. 17. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 18. Public utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 19. The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. 20. Private easements are required for the existing and proposed services to neighboring parcels that are outside of the right-of-way. 21. A 30 -foot wide private driveway easement is required for the private drive which serves Lots 1-4, Block 1. In addition, the driveway must be constructed to a 7 -ton design with a cul-de-sac or hammerhead turnaround l Mr. Richard agatz December 16, 2003 Page 3 acceptable to the City Engineer and the Fire Marshal. The developer will be required to provide inspection reports verifying the 7 -ton design. 22. Vacate the existing public utility easement in the area of the new street. 23. A public drainage and utility easement is required over the proposed pond up to the 100 -year HWL. 24. A watermain and sanitary sewer lateral connection charge will be due for Lot 6, Block 1 at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440 per unit, the water hookup charge is$1,876 p er u nit a nd t he S AC fee i s $ 1,275 p er unit. 25. The existing gravel driveway to the neighboring parcels must be maintained until the new street is graded in and curb is installed. 26. The existing storm line that goes through Lot 1, Block 2 must be replaced and connected with the proposed street storm sewer. 27. The proposed watermain must be extended to the south with the new cul- de-sac and connected with the existing watermain in the Golden Glow Acres Development for looping purposes. 28. Sanitary and water services shall be extended to the west property line for future development of the neighboring parcels. 29. The developer is required to pave the portion of the existing neighbors' driveways that are within the subject property as per city ordinance. A private driveway easement will also be required for the shared portion of the driveway. In addition, any shared portion of the driveway must be constructed to a 7 -ton design. The developer is required to provide inspection reports verifying this. 30. A minimum 20 -foot wide public drainage and utility easement is required over the existing ditch/drainage way on the Martinka property. 31. The entire public street and cul-de-sac must be installed with this project into the Golden Glow Acres right-of-way. The portion of the existing private street from Powers Boulevard that is within the right-of-way for the public cul-de-sac must be removed and replaced with sod. 32. Building official conditions: Mr. Richardfagatz • December 16, 2003 Page 4 a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. c. Demolition permit must be obtained before demolishing any structures. d. The homes located at 6648 and 6650 Powers Boulevard will require address changes as they will be accessed from a different street. 32. Fire Marshal conditions: a. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Excel Energy, 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. Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Submit tum around dimensions to City Engineer and Fire Marshal for review and approval. Exception: Fire Marshal is authorized to increase the dimension of 150 feet where 1) the buildings are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Fire Code. c. Blocks 1 and 2, Streets will be required to have street names. Submit names to Chanhassen Building Official and Fire Marshal for review and approval. d. No burning permits will be issued for trees/shrubs disposal. Any trees removed must be removed or chipped on site. e. Three additional fire hydrants will be required: one at the intersection of Lake Lucy and the driveway serving Block 1, one at the end of Block 1, Lot 4 near the emergency tum -around, and the third one must be installed near the temporary tum around proposed for Block 2. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrants. 33. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. 34. The applicant shall work with staff and downstream property owners to address storm water issues in this area prior to the development of Lot 1, Block 2 and the extension of the proposed street to Golden Glow Court. 35. Based on preliminary estimates, the water quality fees for the development are $4,906 and the water quantity fees are approximately $12,139. AT this time, the estimated total SWAP fee, due payable to the City at the time of final plat recording is $17,045.00. Mr. Richard •Ragatz December 16, 2003 Page 5 36. 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) and comply with their conditions of approval. 37. Outlots A and B shall be deeded to the City to facilitate flexibility in future road alignment. 38. The applicant has agreed to pay all costs associated with the extension of the cul-de-sac into the Golden Glow right-of-way. 39. The applicant shall provide that portion of the right-of-way on the Martinka property required for a 50 foot width. 40. All lots shall be custom graded. 41. The proposed storm sewer at the south end of the cul-de-sac must be located five feet from the existing sanitary line to avoid impacting the existing tree line. 42. The small area at the south end of the site which drains to the cul-de-sac must meet water quality standards prior to discharging offsite." Two mylar copies of the final plat should be submitted to our office for signatures, along with the signed development contract (attached) and all required financial securities. Two 1"=200' scale mylar reductions of the final plat should also be submitted. Also, all easements must be signed and submitted to the city prior to recording. If you have any questions, please call me at (952) 227-1134 or e-mail me at saIiaffna,ci.chanhassen.mn.us Sincerely, Sharmeen Al-Jaff Senior Planner Attachment: Burlwood Development Contract c: Matt Saam, Project Engineer Steve Torell, Building Official Larry and Kathy Kerber, 6420 Powers Boulevard, Chanhassen, MN 55317 gApI=\sa\BmI oodUxW of Approval City Council Summary — December 8, 2003 b. Call for Public Hearing on Municipal Consent for New TH 212, Project 03-09. d. Approval of Request for Conditional Use Permit #2003-8 to Allow a Food Processing Facility (Main Street Bakery) to be Located in an Existing Industrial Office Building; Located at the Northwest Comer of Mallory Court and Lake Drive West, Welman Sperides Architects. e. Approval of Request for Wetland Alteration Permit #2003-03 for the Placement of a Dock, 6735 Lakeway Drive, Anthony Roepke. L Approval of Amendments to City Code; Including Summary Ordinances for Publication Purposes: 1) Chapter 1, General Provisions, Definitions, as amended. 3) Chapter 6, Boats & Waterways 4) Chapter 9, Fire Prevention & Protection 5) Chapter 10, Article VIII, Rental Dwelling Licenses 6) Chapter 12, Motor Vehicles & Traffic 7) Chapter 14, Parks & Recreation 8) Chapter 17, Streets & Sidewalks 9) Chapter 19, Water, Sewers & Sewage Disposal as amended. g. Burlwood First Addition, Located at the Southwest Comer of Lake Lucy Road and Powers Boulevard: 1) Final Plat Approval 2) Approval of Plans & Specifications and Development Contract h. Approval of Temporary On -Sale Beer License, Chanhassen Lions Club, February Festival on Lake Ann, February 7, 2004 i. Approval of 2004 Meeting Schedule j. Resolution #2003-104: Approval of Plans & Specifications and Authorization for Bids; Remodeling Project in the Lower Level of City Hall. k. Approval of: 1) 2004 Police Contract 2) Addendum to Police Contract Approval of Contract with Casablanca Orchestra for July 4, 2004 Celebration. in. Approval of Resolutions Authorizing Conveyance of Tax Forfeited Lands. n. Approval of Skating Rink Policy. City Council Meeting — December 8, 2003 -City Council Verbatim & Summary Minutes dated November 24, 2003 -Truth in Taxation Minutes dated December 1, 2003 Receive Commission Minutes: -Planning Commission Verbatim & Summary Minutes dated November 18, 2003 b. Call for Public Hearing on Municipal Consent for New TH 212, Project 03-09. d. Approval of Request for Conditional Use Permit #2003-8 to Allow a Food Processing Facility (Main Street Bakery) to be Located in an Existing Industrial Office Building; Located at the Northwest Comer of Mallory Court and Lake Drive West, Welman Sperides Architects. e. Approval of Request for Wetland Alteration Permit #2003-03 for the Placement of a Dock, 6735 Lakeway Drive, Anthony Roepke. Approval of Amendments to City Code; Including Summary Ordinances for Publication Purposes: 1) Chapter 1, General Provisions, Definitions, as amended. 3) Chapter 6, Boats & Waterways 4) Chapter 9, Fire Prevention & Protection 5) Chapter 10, Article VIII, Rental Dwelling Licenses 6) Chapter 12, Motor Vehicles & Traffic 7) Chapter 14, Parks & Recreation 8) Chapter 17, Streets & Sidewalks 9) Chapter 19, Water, Sewers & Sewage Disposal as amended. g. Burlwood First Addition, Located at the Southwest Corner of Lake Lucy Road and Powers Boulevard: 1) Final Plat Approval 2) Approval of Plans & Specifications and Development Contract h. Approval of Temporary On -Sale Beer License, Chanhassen Lions Club, February Festival on Lake Ann, February 7, 2004 i. Approval of 2004 Meeting Schedule j. Resolution #2003-104: Approval of Plans & Specifications and Authorization for Bids; Remodeling Project in the Lower Level of City Hall. k. Approval of: 1) 2004 Police Contract 2) Addendum to Police Contract 2 E CITY OF CHANHASSEN STAFF REPORT PC DA I 1 CC DATE: December 8, 2003 REVIEW DEADLINE: December 20, 2003 CASE #: 03-12 SUB BY: Al-Jaff.v PROPOSAL: Final Plat to Subdivide 5.17 Acres into 7 single-family lots and two outlots with a Variance to allow a private street, and a 50 -foot right-of-way, Burlwood Addition. LOCATION: Southwest of the intersection of Lake Lucy Road and Powers Boulevard. APPLICANT: Richard Ragatz Larry and Kathy Kerber Epic Development, LLC. 6420 Powers Boulevard 3441 St. Paul Avenue Chanhassen, MN 55317 Minneapolis, MN 55416 (952) 474-4710 (612) 730-2814 PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential Low Density (Net Density 1.2 — 4.0 units per acre) ACREAGE: 5.17 acres DENSITY: 1.3 Units per Acre Gross 2.0 Units per Acre Net SUMMARY OF REQUEST: Subdivision of 5.17 acres into 7 single-family lots, and a variance to allow a private street to serve four homes. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. 0 0 Burlwood Addition December 8, 2003 Page 2 BACKGROUND On October 27, 2003, The City Council approved preliminary plat for Subdivision #03-12 for Burlwood Addition for 7 lots and two outlots with variances to allow a private street and a 50 foot right-of-way as shown on the plans received September 29, 2003, subject to the following conditions: 1. The applicant shall revise the landscape plan to show a minimum of 51 trees to be planted. This condition still applies. 2. A minimum of three deciduous, overstory trees shall be required in the front yard of each lot. This condition still applies. 3. No more than one-third of the required trees may be from any one species. This condition still applies. 4. Tree preservation fence shall be installed at the edge of the grading limits on Lots 1-4 and 6, Block 1 prior to any grading. This condition still applies. 5. All transplanted evergreens must be warranted for two growing seasons. This condition still applies. 6. A revised landscape plan must be submitted to the city before final approval. This condition has been modified. The applicant submitted revised plans, however, additional revisions are required. The revised condition will read "A revised landscape plan must be submitted to the city." 7. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. This condition still applies. 8. Show all of the proposed and existing easements on the preliminary plat. This condition has been modified to read "Show all of the proposed and existing easements on the plans." 9. On the grading plan: a. Add a rock construction entrance per City Detail Plate No. 5301. This condition still applies. b. Revise the grading on the east side of Lot 6, Block 1 to prevent trapping water near the house pads. This condition still applies. C. Show new ditch grades in the areas where driveways will be removed. This condition has been met. d. Show the proposed contours for the berms along Powers Boulevard. This condition still applies. 0 Burlwood Addition December 8, 2003 Page 3 e. Show all existing and proposed easements. This condition still applies. f. Add a benchmark to the plan. This condition still applies. 10. On the utility plan: a. Show all proposed and existing utility easements. This condition still applies. b. Show all existing utilities and services in the area. Also, call out the pipe type, manhole numbers, and rim/invert elevations for all existing and proposed utilities. This condition still applies. C. Add street lights at the intersection of Powers and the new street. This condition still applies. 11. All of the existing driveway entrances to the property from Powers Boulevard must be removed during construction. This condition still applies. 12. A driveway culvert is required under the proposed street entrance to the site. A Carver County permit will also be required. This condition has been met. 13. An outlet control structure is required for the proposed pond per City Detail Plat No. 3109. Also, install a storm sewer line from the pond outlet to Lake Lucy Road and west, approximately 350 feet to an existing storm sewer line in Mulberry Circle. This condition has been met. 14. Revise all slopes that exceed 3:1 or install a retaining wall. This condition still applies. 15. A temporary easement is needed for the portion of the cul-de-sac that is outside of the proposed right-of-way. This condition has been met. 16. All final construction plans must be signed by a professional engineer registered in the State of Minnesota. This condition still applies. 17. Any work outside of the subject property or right-of-way will require temporary easements. This condition still applies. 18. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. This condition still applies. 19. The applicant has submitted drainage calculations for the site; however, additional information is still needed. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for 0 0 Burlwood Addition December 8, 2003 Page 4 staff review. The storm sewer will have to be designed for a 10 year, 24 hour storm event. This condition still applies. 20. Draintile will be required in back of the curb on the public street. This condition has been met. 21. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. This condition still applies. 22. Public utility improvements are the required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. plans and speeile-Afiens will he Mquifed at the time ef final platting. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. This condition has been partially met. Construction plans have been submitted. The remaining language still applies. 23. The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. This condition still applies. 24. Private easements are required for the existing and proposed services to neighboring parcels that are outside of the right-of-way. This condition still applies. 25. A 30 foot wide private driveway easement is required for the private drive which serves Lots 1-4, Block 1. In addition, the driveway must be constructed to a 7 ton design with a cul-de-sac or hammerhead turnaround acceptable to the City Engineer and the Fire Marshal. The developer will be required to provide inspection reports verifying this the 7 ton design. This condition still applies; however, it has been modified. 26. Vacate the existing public utility easement in the area of the new street. This condition still applies. 27. Additional information and detail must be added to the plans to show how the stormwater from the temporary cul-de-sac will be handled. This condition has been met. 28. A public drainage and utility easement is required over the proposed pond up to the 100 year HWL. This condition still applies. 29. A watermain and sanitary sewer lateral connection charge will be due for Lot 6, Block 1 at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met 0 Burlwood Addition December 8, 2003 Page 5 Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440 per unit, the water hookup charge is $1,876 per unit and the SAC fee is $1,275 per unit. This condition still applies. 30. A financial security must be supplied to the City to cover the cost of the future street extension and removal of the existing private street to the south. This condition is incorporated into condition #22. 31. Additional right-of-way will need to be platted to achieve a total of 40 feet from the center line of Lake Lucy Road. This condition has been met. 32. The existing gravel driveway to the neighboring parcels must be maintained until the new street is graded in and curb is installed. This condition still applies. 33. A storm sewer stub must be extended to the south to handle drainage from the future cul- de-sac, just south of the site. This condition has been met. 34. The damaged peftian a existing storm line that goes through Lot 1, Block 2 must be replaced and connected with the proposed street storm sewer. This condition still applies, however, it has been partially modified. 35. The proposed water -main must be extended to the south with the new cul-de-sac and connected with the existing water -main in the Golden Glow Acres Development $repertyline for €ire looping purposes. This condition still applies, however, it has been partially modified. 36. Sanitary and water services shall be extended to the west property line for future development of the neighboring parcels. This condition still applies. 37. The developer is required to pave the portion of the existing neighbor's driveways that are within the subject property as per city ordinance. A private driveway easement will also be required for the shared portion of the driveway. In addition, any shared portion of the driveway must be constructed to a 7 ton design. The developer is required to provide inspection reports verifying this. This condition still applies. 38. A minimum 20 foot wide public drainage and utility easement is required over the existing ditch/drainage way on the Martinka property. This condition still applies. 39. The entire public street and cul-de-sac must be installed with this project into the Golden Glow Acres right-of-way. The portion of the existing private street from Powers Boulevard that is within the right-of-way for the public cul-de-sac must be removed and replaced with sod. This condition still applies. i Burlwood Addition December 8, 2003 Page 6 40. Building official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. This condition still applies. b. Each lot must be provided with a separate sewer and water service. This condition still applies. c. Demolition permit must be obtained before demolishing any structures. This condition still applies. d. The homes located at 6648 and 6650 Powers Boulevard will require address changes as they will be accessed from a different street. This condition still applies. 41. Fire Marshal conditions: a. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Excel Energy, 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. This condition still applies. b. Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Submit turn around dimensions to City Engineer and Fire Marshal for review and approval. Exception: Fire Marshal is authorized to increase the dimension of 150 feet where 1) the buildings are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Fire Code. This condition still applies. c. Block 1 and 2, Streets will be required to have street names. Submit names to Chanhassen Building Official and Fire Marshal for review and approval. This condition still applies. d. No burning permits will be issued for trees/shrubs disposal. Any trees removed must be removed or chipped on site. This condition still applies. e. Three additional fire hydrants will be required: one at the intersection of Lake Lucy and the driveway serving Block 1, one at the end of Block 1, Lot 4 near the emergency tum -around, and the third one must be installed near the temporary turn around proposed for Block 2. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrants. This condition still applies. 42. Approval of subdivision 03-12 shall be contingent upon approval of the Wetland Alteration Permit #03-1. 0 Burlwood Addition December 8, 2003 Page 7 0 This condition has been met. 43. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. This condition still applies. 44. The applicant shall work with staff and downstream property owners to address storm water issues in this area prior to the development of Lot 1, Block 2 and the extension of the proposed street to Golden Glow Court. This condition still applies. 45. Based on preliminary estimates, the water quality fees for the development are $4,906 and the water quantity fees are approximately $12,139. AT this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording is $17,045.00. This condition still applies. 46. 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) and comply with their conditions of approval. This condition still applies. 47. Outlots A and B shall be deeded to the City to facilitate flexibility in future road alignment. This condition still applies. 48. The applicant has agreed to pay all costs associated with the extension of the cul-de- sac into the Golden Glow right-of-way. This condition still applies. 49. The applicant shall provide that portion of the right-of-way on the Martinka property required for a 50 foot width. This condition still applies. 50. All lots shall be custom graded. This condition still applies. 51. Staff approval of the underground detention system for storm water management. This condition no longer applies. The applicant deleted the underground detention system. PROPOSAUSUMMARY The applicant is proposing to subdivide 5.17 acres into 7 single family lots and two outlots. The property is zoned RSF, Single Family Residential District. The site is located at the southwest intersection of Lake Lucy Road and Powers Boulevard, and contains a single family home and a detached garage. Access to the site is proposed off of Powers Boulevard and Lake Lucy Road. Burlwood Addition December 8, 2003 Page 8 0 0 it;!M11-0 I All lots meet the minimum lot area, width and depth requirements of the zoning ordinance with an average lot area of 21,323 square feet. Each parcel contains a 60' x 60' house pad. Lots 1, 2, 3, and 4, Block 1 are proposed to be served via a private street which will require a variance. The proposed right-of-way is 50 feet wide. The ordinance requires 60 feet. The existing right-of-way located on the Golden Glow Subdivision, is 50 feet wide. This right-of-way will be in keeping with the existing right-of-way. Outlots A and B are being created to be incorporated into the Christensen property. When the Christensen's are ready to subdivide their property, these outlots will serve as street frontages. A wetland alteration permit was approved with the preliminary plat. It will result in filling 5,963 square feet of wetland and replacing it off site. The right-of-way for the entire cul-de-sac extending into the Golden Glow Acres has been dedicated with the final plat. Staff is recommending approval of the subdivision with variances with conditions outlined in the staff report. Burlwood Addition December 8, 2003 Page 9 PRELINIINARY PLAT The applicant is proposing to subdivide a 5.17 acre site into 7 single family lots and two outlots. The density of the proposed subdivision is 1.3 units per acre gross and 2.0 units per acre net. All lots exceed the minimum 15,000 square feet of area, with an average lot size of 21,323 square feet. All proposed lots meet the minimum width, and depth requirements of the Zoning Ordinance. A wetland occupies the northerly portion of the site and is proposed to be filled and replaced off site. Lots 1, 2, 3, and 4, Block 1, are proposed to be served via a private street. This layout is in keeping with a previous council recommendation. Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance. WETLANDS Existing Wetlands One ag-urban wetland exists in the northern portion of the property. GME Consultants, Inc. delineated the wetland in May 2003. The wetland is dominated by reed canary grass. The applicant is proposing to fill the wetland and mitigate it off-site through the purchase of wetland credits from a wetland bank. The total proposed impact to the wetland is 5,963 square feet (0.14 acres). Because the existing wetland is of low quality and future property owners would likely impact the entire wetland if the wetland was preserved during the subdivision process, staff is recommending sequencing flexibility. This will allow the applicant to fill the wetland and replace it with a wetland of greater function and value off-site through the state wetland bank. Wetland Replacement Wetland replacement must occur in a manner consistent with the Minnesota Wetland Conservation Act (MIR 8420). The City Council approved a wetland replacement plan on October 27, 2003. _GRADING. DRAINAGE AND EROSION CONTROL GRADING/DRAINAGE/EROSION CONTROL • The grading plan needs to be revised along the east side of Lot 6, Block 1 to avoid trapping stormwater against the housepad. • The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. 0 Burlwood Addition December 8, 2003 Page 10 • The proposed storm sewer at the south end of the cul-de-sac must be located five -feet from the existing sanitary line to avoid impacting the existing tree line. • Since the preliminary plat approval, the applicant has revised the drainage plan as follows: a storm sewer outlet from the proposed northerly pond has been added which runs west along Lake Lucy Road to an existing public storm sewer system, the underground detention system that was previously proposed has been deleted, and a storm sewer line has been added to handle the stormwater from the south part of the site and the new cul-de-sac. • There is a small area at the south end of the site which drains offsite but does not receive any water quality treatment. In accordance with City SWMP requirements, the applicant is required to treat this area to meet water quality standards prior to discharging offsite. • The existing storm line that goes through Lot 1, Block 2 must be replaced and connected with the proposed street storm sewer. • A minimum 20 -foot wide public drainage and utility easement is required over the existing ditch/drainage way on the Martinka property. • Erosion control measures and site restoration shall be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends that a rock construction entrance be shown on the plans in accordance with City Detail Plate No. 5301. UTILITIES • According to City as -built plans, all of the proposed lots have both sewer and water stubs except Lot 6, Block 1. • The proposed watermain must be extended to the south with the new cul-de-sac and connected with the existing watermain in the Golden Glow development for looping purposes. • Sanitary and water services shall be extended to the west property line for future development of the neighboring parcels. • The underlying parcel has been previously assessed for five utility units and those assessments have been paid. Since the applicant is now proposing more units than what was previously assessed, the one additional unit will be charged a watermain and sanitary sewer lateral connection charge at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of 0 0 Burlwood Addition December 8, 2003 Page 11 building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. Public utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. STREETS The applicant's street layout follows a previous Council approved layout for this property and the street connection with Golden Glow Court to the south. The applicant is proposing to build a public street on his property and to complete a cul-de-sac (Golden Glow Ct.) to the south of his property. The applicant has a signed agreement with the adjacent land owners to dedicate the necessary right-of-way to complete the street. Upon completion of the full street and cul-de-sac, the existing private street, which serves Lots 3 and 4 of Golden Glow and the Rohman/Infanger parcels, would access onto the new public street and not Powers Boulevard. Lot 1 of Golden Glow would, however, continue to access Powers Boulevard through its existing driveway. The developer will be required to pave the portion of the existing neighbors' driveways that are within the subject property as per City ordinance. A private driveway easement will also be required for the shared portion of the driveway. In addition, any shared portion of the driveway must be constructed to a 7 -ton design. The developer will be required to provide inspection reports verifying this. PARKS This property lies within the neighborhood park service areas of both Curry Farms Park and Carver Beach Park. TRAILS Two segments of the City's Comprehensive Trail Plan are located near this property. The first is an on -street trail located along both the eastbound and westbound lanes of Lake Lucy Road. The second is an off-street 8 ft. wide bituminous trail located on the east side of Powers Boulevard. 0 Burlwood Addition December 8, 2003 Page 12 0 This is across the street from the subject plat. The best crossing location for pedestrians is at the intersection of Powers Boulevard and Lake Lucy Lane. With these public services in place, the Park and Recreation Director is not recommending any additional public park or trail services be constructed as a part of this subdivision. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. TREE PRESERVATION/LANDSCAPING Canopy coverage and preservation calculations have been submitted for the Burlwood development. They are as follows: Total upland area (excluding wetlands) 5.27 ac. or 229,583 SF Baseline canopy coverage 35% or 79,465 SF Minimum canopy coverage allowed 30% or 68,875 SF Proposed tree preservation 315% or 22,958 SF The developer does not meet minimum canopy coverage allowed, therefore the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage (68,875 —22,958) 45,917 SF Multiplier 1.2 Total replacement 55,100 SF Total number of trees to be planted 51 trees (55,100-1089) The total number of trees required for the development is 51. The developer has proposed a total of 12 trees. An additional 39 trees must be added to the landscape plan. All replacements must meet minimum size requirements. No more than one-third of the trees may be from any one species. The canopy coverage and replacement calculations submitted by the applicant differ from those presented by staff. According to the submitted calculations, the canopy coverage saved is 30%. Staff does not agree with their calculations for two important reasons: 1) some of the trees listed and counted as preserved are not on the applicant's property; 2) many of the trees listed as preserved are actually within the grading limits such as in the areas proposed as berm or pond. Staff does not accept the claim of tree preservation for any trees that are not protected by fencing and outside of grading limits. Therefore, tree preservation on site has been calculated at 15% which includes trees located on Lot 1, Block 2, the west side of the property behind a silt fence located at the grading limits, and the 12 evergreens scheduled for transplanting. Burlwood Addition December 8, 2003 Page 13 The subdivision is also required to have buffer yard plantings along Powers Blvd. and Lake Lucy Road. Requirements are as follows: Location Required Proposed Powers Blvd. — buffer 10 overstory trees 0 overstory yard B — 20' width 15 understory trees 12 understory 500' length 25 shrubs 0 shrubs Lake Lucy Road 4 overstory trees 0 overstory Buffer yard B —15' 8 understory trees 3 understory width 12 shrubs 0 shrubs The developer has proposed a 4' bene along Powers Blvd. on top of which would be placed transplanted evergreens. The buffer yard area is only 20 feet wide and a 4' berm would require at least 24 feet in width in order to meet the city's 3:1 slope standard. The developer should reduce the berm to 3' in height or install a fence instead. Ordinance BLOCK 1 Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 2 BLOCK 2 Lot 1 COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Lot Lot Area Width Depth 15,000 90' 125' 21,057 18,862 18,778 18,694 15,038 15,193 41,336 0) 111' 95' 141' i'RU 209' 208' 207- 134' 134' 295' Home Setback 30' front/rear 10' sides 30'/30' 10' 30730' 10' 30730' 10' 30'/30' 10' 30'/30' 10' 30'/30' 10' 30739/30' 10' Burlwood Addition December 8, 2003 Page 14 0 0 SUBDIVISION - FINDINGS The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance if the private street and right-of- way width variances are approved. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 0 0 Burlwood Addition December 8, 2003 Page 15 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Findinc: The proposed subdivision will have access to public utilities and streets. VARIANCE Section 18-57. Streets. (r) Private streets serving up to four (4) lots may be permitted in the A2, RR, RSF and R4 if the criteria in variance section 18-22 are met and upon consideration of the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of a private street will permit enhanced protection of the city's natural resources, including wetlands and protected areas. Staff is recommending approval of the private street based upon the analysis provided in the background section of the report. VARIANCE FINDINGS See. 18-22. Variances. The city council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: (1) The hardship is not a mere inconvenience; (2) The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; (3) The condition or conditions upon which the request is based are unique and not generally applicable to other property; 0 0 Burlwood Addition December 8, 2003 Page 16 (4) The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Finding: Based upon the analysis within the background section of the report, it is possible to serve the site through a public street; however, by doing so, site grading and the dependence on other property owners increases. The applicant's request is fairly reasonable. As to the 50 foot right-of-way width, it is in keeping with the existing right- of-way for Golden Glow Court. Based upon these findings, staff is recommending approval of this variance. RECOMMENDATION Staff recommends the City Council adopt the following motions: FINAL PLAT "The City Council approves the final plat for Subdivision #03-12 for Burlwood Addition for 7 lots and two outlots with variances to allow a private street and a 50 foot right-of-way as shown on the plans received October 20, 2003, subject to the following conditions: 1. The applicant shall revise the landscape plan to show a minimum of 51 trees to be planted. 2. A minimum of three deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits on Lots 1-4 and 6, Block 1 prior to any grading. 5. All transplanted evergreens must be warranted for two growing seasons. 6. A revised landscape plan must be submitted to the city. 7. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. 8. Show all of the proposed and existing easements on the plans. 9. On the grading plan: a. Add a rock construction entrance per City Detail Plate No. 5301. b. Revise the grading on the east side of Lot 6, Block 1 to prevent trapping water near the house pads. C. Show the proposed contours for the berms along Powers Boulevard. d. Show all existing and proposed easements. e. Add a benchmark to the plan. 0 0 Burlwood Addition December 8, 2003 Page 17 10. On the utility plan: a. Show all proposed and existing utility easements. b. Show all existing utilities and services in the area. Also, call out the pipe type, manhole numbers, and rim/invert elevations for all existing and proposed utilities. C. Add street lights at the intersection of Powers and the new street. ii.All of the existing driveway entrances to the property from Powers Boulevard must be removed during construction. 12. Revise all slopes that exceed 3:1 or install a retaining wall. 13. All final construction plans must be signed by a professional engineer registered in the State of Minnesota. 14.Any work outside of the subject property or right-of-way will require temporary easements. 15.Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. 16.The applicant has submitted drainage calculations for the site; however, additional information is still needed. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10 year, 24 hour storm event. 17. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 18. Public utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 19. The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. 20.Private easements are required for the existing and proposed services to neighboring parcels that are outside of the right-of-way. 21.A 30 foot wide private driveway easement is required for the private drive which serves Lots 1-4, Block 1. In addition, the driveway must be constructed to a 7 ton design with a cul-de-sac or hammerhead turnaround acceptable to the City Engineer and the Fire Marshal. The developer will be required to provide inspection reports verifying the 7 ton design. 22. Vacate the existing public utility easement in the area of the new street. 0 0 Burlwood Addition December 8, 2003 Page 18 23.A public drainage and utility easement is required over the proposed pond up to the 100 year HWL. 24. A watermain and sanitary sewer lateral connection charge will be due for Lot 6, Block 1 at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440 per unit, the water hookup charge is $1,876 per unit and the SAC fee is $1,275 per unit. 25. The existing gravel driveway to the neighboring parcels must be maintained until the new street is graded in and curb is installed. 26.The existing storm line that goes through Lot 1, Block 2 must be replaced and connected with the proposed street storm sewer. 27.The proposed water -main must be extended to the south with the new cul-de-sac and connected with the existing water -main in the Golden Glow Acres Development for looping purposes. 28.Sanitary and water services shall be extended to the west property line for future development of the neighboring parcels. 29.The developer is required to pave the portion of the existing neighbor's driveways that are within the subject property as per city ordinance. A private driveway easement will also be required for the shared portion of the driveway. In addition, any shared portion of the driveway must be constructed to a 7 ton design. The developer is required to provide inspection reports verifying this. 30.A minimum 20 foot wide public drainage and utility easement is required over the existing ditch/drainage way on the Martinka property. 31.The entire public street and cul-de-sac must be installed with this project into the Golden Glow Acres right-of-way. The portion of the existing private street from Powers Boulevard that is within the right-of-way for the public cul-de-sac must be removed and replaced with sod. 32. Building official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. C. Demolition permit must be obtained before demolishing any structures. d. The homes located at 6648 and 6650 Powers Boulevard will require address changes as they will be accessed from a different street. 32. Fire Marshal conditions: a. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Excel Energy, cable TV and transformer boxes. 0 0 Burlwood Addition December 8, 2003 Page 19 This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. b. Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Submit turn around dimensions to City Engineer and Fire Marshal for review and approval. Exception: Fire Marshal is authorized to increase the dimension of 150 feet where 1) the buildings are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Fire Code. C. Block 1 and 2, Streets will be required to have street names. Submit names to Chanhassen Building Official and Fire Marshal for review and approval. d. No burning permits will be issued for trees/shrubs disposal. Any trees removed must be removed or chipped on site. e. Three additional fire hydrants will be required: one at the intersection of Lake Lucy and the driveway serving Block 1, one at the end of Block 1, Lot 4 near the emergency turn -around, and the third one must be installed near the temporary turn around proposed for Block 2. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrants. 33. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. 34. The applicant shall work with staff and downstream property owners to address storm water issues in this area prior to the development of Lot 1, Block 2 and the extension of the proposed street to Golden Glow Court. 35. Based on preliminary estimates, the water quality fees for the development are $4,906 and the water quantity fees are approximately $12,139. AT this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording is $17,045.00. 36. 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) and comply with their conditions of approval. 37. Outlots A and B shall be deeded to the City to facilitate flexibility in future road alignment. 38. The applicant has agreed to pay all costs associated with the extension of the cul-de-sac into the Golden Glow right-of-way. 39. The applicant shall provide that portion of the right-of-way on the Martinka property required for a 50 foot width. 40. All lots shall be custom graded. 41. The proposed storm sewer at the south end of the cul-de-sac must be located five feet from the existing sanitary line to avoid impacting the existing tree line. 0 0 Burlwood Addition December 8, 2003 Page 20 42. The small area at the south end of the site which drains to the cul-de-sac must meet water quality standards prior to discharging offsite." ATTACHMENTS 1. Final Plat dated received October 20, 2003. gAplan\sa\b"lwood final cc n U DATE November 26, 2003 FILE NO. 2003-12 PROJECT Burlwood WATER QUALITY WATER QUANTITY 1111"'T, (MM9191 16 Site Area in Acres Outlot Assessable area ZONING CLASSIFICATION FEES r� 5.17 5.17 RSF Rate per Acre Acres Total $ 949.00 5.17 $ 4,906.33 Outlet structure each 1.00 Rate per Acre Acres Total $ 2,348.00 5.17 $ 12,139.16 ITEM UNIT QUANTITY UNIT TOTAL PRICE PRICE Storm water pond acre 0 $ 949.00 $ - Outlet structure each 1.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 SWMP FEE $ 17,045.49 SWMP CREDITS $ 2,500.00 TOTAL SWMP FEE $ 14,545.49 connected with the proposed street storm sewer. • A minimum 20 -foot wide public drainage and utility easement is required over the existing ditch/drainage way on the Martinka property. • Erosion control measures and site restoration shall be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends that a rock construction entrance be shown on the plans in accordance with City Detail Plate No. 5301. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. MEMORANDUM TO: Sharmeen Al-Jaff, Senior Planner CITYOFOF FROM: Matt Saam, Acting City Engineer/Public Works DirectorM CIIANIIASSEN DATE: November 26, 2003 7700 Market Boulevard PO Boz 147 Chanhassen, MN 55317 SUBJ: Final Plat Review of Burlwood (Kerber Property) Proj. #03-10 Administration Phone: 952.227.1100 Fax: 952.227.1110 Upon review of the plans dated October 17, 2003, prepared by Ryan Engineering, Building Inspections I offer the following comments and recommendations: Phone: 952.227.1180 Fax: 952.227.1190 GRADING/DRAINAGE/EROSION CONTROL Engineering Phone: 227170 Fax: 952.227.1170 * The grading plan needs to be revised along the east side of Lot 6, Block 1 to gr g P g avoid trapping stormwater against the housepad. Finance Phone: 952.227.1140 Fax: 952.227.1110 • The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. Park At Recreation Phone: 952.227.1120 Fax: 952.227.1110 • The proposed storm sewer at the south end of the cul-de-sac must be located Recreation Center five -feet from the existing sanitary line to avoid impacting the existing tree 2310 Coulter Boulevard line. Phone: 952.227.1400 Fax: 952.227.1404 . Since the preliminary plat approval, the applicant has revised the drainage Planning 6 plan as follows: a storm sewer outlet from the proposed northerly pond has Natural Resources been added which runs west along Lake Lucy Road to an existing public Phone: 952227.1130 Fax: 952.227.1110 storm sewer system, the underground detention system that was previously proposed has been deleted, and a storm sewer line has been added to handle Public works the stormwater from the south part of the site and the new cul-de-sac. 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 • There is a small area at the south end of the site which drains offsite but does not receive any water quality treatment. In accordance with City SWMP Senior center Phone: 952.227.1125 requirements, the applicant is required to treat this area to meet water quality Fax: 952.227.1110 standards prior to discharging offsite. Web Site www.ci.chanhassen.mn.us • The existing storm line that goes through Lot 1, Block 2 must be replaced and connected with the proposed street storm sewer. • A minimum 20 -foot wide public drainage and utility easement is required over the existing ditch/drainage way on the Martinka property. • Erosion control measures and site restoration shall be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends that a rock construction entrance be shown on the plans in accordance with City Detail Plate No. 5301. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Sharmeen ff • November 26, 2003 Page 2 UTILITIES • According to City as -built plans, all of the proposed lots have both sewer and water stubs except Lot 6, Block 1. • The proposed watermain must be extended to the south with the new cul-de- sac and connected with the existing watermain in the Golden Glow development for looping purposes. • Sanitary and water services shall be extended to the west property line for future development of the neighboring parcels. • The underlying parcel has been previously assessed for five utility units and those assessments have been paid. Since the applicant is now proposing more units than what was previously assessed, the one additional unit will be charged a watermain and sanitary sewer lateral connection charge at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. Public utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. STREETS The applicant's street layout follows a previous Council approved layout for this property and the street connection with Golden Glow Court to the south. The applicant is proposing to build a public street on his property and to complete a cul-de-sac (Golden Glow Ct.) to the south of his property. The applicant has a signed agreement with the adjacent land owners to dedicate the necessary right-of-way to complete the street. Upon completion of the full street and cul-de-sac, the existing private street, which serves Lots 3 and 4 of Golden Glow and the Rohman/Infanger parcels, would access onto the new public street and not Powers Boulevard. Lot 1 of Golden Glow would, however, continue to access Powers Boulevard through its existing driveway. Sharmeen Aff • November 26, 2003 Page 3 The developer will be required to pave the portion of the existing neighbors' driveways that are within the subject property as per City ordinance. A private driveway easement will also be required for the shared portion of the driveway. In addition, any shared portion of the driveway must be constructed to a 7 -ton design. The developer will be required to provide inspection reports verifying this. RECOMMENDED CONDITIONS OF APPROVAL 1. The proposed storm sewer at the south end of the cul-de-sac must be located five -feet from the existing sanitary line to avoid impacting the existing tree line. 2. The small area at the south end of the site which drains to the cul-de-sac must meet water quality standards prior to discharging offsite. g:\mg\projects\burlwwd\fpr.doc Engineering Phone: 952.227.1160 The plans show three proposed lots. The grading plan proposes to grade Fax 952.227.1170 approximately the whole site to develop three house pads and driveways. If Finance importing or exporting materials for development of the site is necessary, the Phone: 952.227.1140 applicant will need to supply the City with a haul route for review and approval prior Fax: 952.227.1110 to the site grading commencing. Park : Recreation Phone: 952.227.1120 The portion of the existing storm sewer line that goes throughLots 1 and 2 must be p g Fax: 952227.1110 MEMORANDUM Recreation Center TO: Sharmeen Al-Jaff, Senior Planner CITY lj OF FROM: Mak Sweidan, Engineers "` r CBA NSEN avoid draining stormwater toward the Lot 1 house pad. Fax: 952.227.1404 DATE: November 10, 2003 7700 Market Boulevard UTILITIES PO Box 147 Chanhassen, MN 55317 azY SUBJ: Preliminary Plat Review of Burlwood 2"d Addition File No. 03-21 LUR Administration Phone: 952.227.1100 Fax: 952227.1110 Upon review of the preliminary plat prepared by Ryan Engineering, received Oct. 17, Building Inspections 2003, I offer the following comments and recommendations: Phone: 952 227.1180 Fax: 952.227.1190 GRADING, DRAINAGE & EROSION CONTROL Engineering Phone: 952.227.1160 The plans show three proposed lots. The grading plan proposes to grade Fax 952.227.1170 approximately the whole site to develop three house pads and driveways. If Finance importing or exporting materials for development of the site is necessary, the Phone: 952.227.1140 applicant will need to supply the City with a haul route for review and approval prior Fax: 952.227.1110 to the site grading commencing. Park : Recreation Phone: 952.227.1120 The portion of the existing storm sewer line that goes throughLots 1 and 2 must be p g Fax: 952227.1110 replaced and realigned over the shared property line between Lot 1 and Lot 2. A Recreation Center minimum 20 -feet wide public drainage and utility easement is required over the storm 2310 Coulter Boulevard sewer. In addition, the grading plan needs to be revised between Lot 1 and Lot 2 to Phone: 952227.1400 avoid draining stormwater toward the Lot 1 house pad. Fax: 952.227.1404 Planning & Erosion control measures and site restoration must be developed in accordance with Natural Resources the City's Best Management Practice Handbook (BMPH). Staff recommends a rock Phone: 952.227.1130 construction entrance be used and shown on the plans. The silt fence must be Fax: 952.227.1110 extended around the proposed berm along the east side of proposed Lots 1 and 2. In Public Works addition, tree preservation fencing should be denoted on the grading plan. 1591 Park Road Phone: 952.227.1300 UTILITIES Fax: 952.227.1310 Senior Center No public utility lines have been proposed with this project. The lots will be serviced Phone: 952227.1125 with private sewer and water service stubs from the public utility lines that will be Fax: 952 2271110 installed with the first addition. The sanitary sewer and water hookup charges will be Web site applicable for each lot. The 2003 trunk sanitary sewer hookup charge is $1,440 and wwwachanhassen.mn.us the trunk watermain hookup charge is $1,876. The 2003 SAC charge is $1,275 per unit. Sanitary sewer and water hookup fees may be specially assessed against the parcel at the time of building permit issuance. STREETS No public street improvement is proposed. The site is proposed to be accessed via the new public street "Golden Glow Court" along the west side of the lots. The City of Chanhassen • A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Sharmeen Taff November 10, 2003 Page 2 RECOMMENDED CONDUIONS OF APPROVAL 1. Show City Detail Plate Nos. 5300 and 5301. 2. On the grading plan: a. Add a 75 -Foot minimum rock construction entrance. b. Revise the grading between Lot 1 and Lot 2 to avoid draining stormwater toward the Lot I house pad. c. Extend the silt fence around the proposed berm along the east side of Lot 1 and Lot 2. d. Add a bench mark to the plan. e. Show all existing and proposed easements. f. Show the proposed contours for the berm along Powers Boulevard. 3. All disturbed areas shall be resodded or reseeded within two weeks of grading completion. 4. If fill is imported or exported, the applicant will need to supply the City with a haul route plan for approval. 5. The property is subject to sanitary sewer and water hookup charges. The 2003 trunk utility hookup charges are $1,440 per unit for sanitary sewer and $1,876 per unit for water. The 2003 SAC charge is $1,275 per unit. These charges are collected prior to building permit issuance and are based on the number of SAC units for the new building addition. 6. Relocate the existing storm sewer on the property to within a 20 -foot easement along the shared property line between Lot 1 and Lot 2. 7. Show all existing and proposed easements on the preliminary plat. 8. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 9. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 10. Prior to final platting, site drainage map and calculations will need to be submitted for staff review. The site drainage has to be designed for a 10 -year, 24-hour storm event. c: Matt Saam, Acting Public Works Director/City Engineer gAeng\proje \bur1wood2ndppr.dm 11/7/28:11 AM FROM: Fax TO: 227-1110 PAGE1 OF 001 Martinka & Associates Small Business Growth Consulting - fax - Nov.7,2003 TO: Bob Generous Planning Dept City of Chanhassen FAX: (972) 227-1110 6650 Powers Chanhassen, MN 55317 (952)474-1103 E-mail: mardaa@ix.netcom.com Would appreciate your making available a copy of the latest drawing for the Burlwood subdivision. As I will be traveling today, message to confirm (or if any questions) may be left on answering machine at 474-1103 A member of our family could pick up from reception desk after 3:00 P.M. As always, thank you for your assistance. Sincerely, Bob Martinka /kl Product / Market Research - Business / Financial Plan Development Investor Referral / Corporate Funding Merger / Sale Negotiations 0 0 Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized NOTICE OF PUBLIC HEARING agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- PROPOSED PUBLIC UBDHE ION lager and has full knowledge of the facts herein stated as follows: CITY OF CHANHASSEN (A) These newspapers have complied with the requirements constituting qualification as a legal NOTICE IS HEREBY GIVEN that newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as the ChanhassenPlamingCommmionwill amended. hold a public hearing on Tuesday, !/ November 18, 2003, at 7:00 p.m. in the (B) The printed public notice that is attached to this Affidavit and identified as No.7 da Council Chambers in Chanhassen City was published on the date or dates and in the newspaper stated in the attached Notice and said Hall, 7700 Market Blvd. The purpose of Notice is hereby incorporated as part of this Affidavit Said notice was cut from the columns of this hearing is to consider the application the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both of Epic Development LLC, requesting inclusive, and is hereby acknowledged as being the kind and size of type used in the composition Preliminary Plat to replat one lot (40,355 and publication of the Notice: sq. ft ) into 3 single family lots with variances, located at 6700 Powers abcdefghijkhmropgrstuvwxyz Boulevard, Burlwood 2°a Addition. A plan showing the location of the Proposal is available for public review at City Hall during regular business hours. Laurie A. Hartmann44Mkik.'.0 interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. SharmeenAl-Jaff, SeniorPlanner Subscribed and sworn before me on Phone: 952-227-1134 (Published in the Chanhassen Villageron Wit. Thursday, November 6,2003; No. 4028) J TJX this day of a%i 2003 GWEN M. RADUEN2 NOTARYPUBUC MINNESOTA My COMMISSM Emm a,. 31, M Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $21.00 per column inch Maximum rate allowed by law for the above matter ................................ $21.00 per column inch Rate actually charged for the above matter ............................................... $10.63 per column inch Riley Purgatory Bluff Creek Watershed District Web Site: http//www.rileypurgatorybluffcreek.org November 5, 2003 Mr. Richard Ragatz Epic Development 3441 St. Paul Avenue Minneapolis, MN 55416 Re: Permit #2003-41: Burlwood: Chanhassen Dear Mr. Ragatz: 10 Legal Advisor. Krebsbach & Haik 701 4th Avenue South, Suite 500 Minneapolis, MN 55415 612 333-7400 Fax: 612 333-6959 Engineering Advisor: Barr Engineering 4700 West 77th Street Minneapolis, MN 55435 952 832-2600 Fax: 952 832-2601 iJGV 1 v 2003 CITY OF CHANHASSEN �P Board of Managers of the Riley -Purgatory -Bluff Creek Watershed District has reviewed the plans and grading and land alteration permit application as submitted to the District for the Burlwood development to be located in the southwest quadrant of the intersection of Lake Lucy Road and C.S.A.H. 17 in Chanhassen. The Managers approve of the grading and land alteration permit subject to the following conditions: 1. All conditions as outlined in the attached General Provisions are applicable. 2. The District will require that covenants be placed on the title to Lots 1-6, Block 1 requiring the minimum low floor elevation for structures to be constructed on these lots be at or above elevation 998.0 MSL. This elevation is 2 feet above the calculated 100 -year frequency flood elevation of stormwater management basin riparian to these lots as determined by Ryan Engineering, engineering advisor to the developer. A copy of the covenant must be submitted to the District's legal advisor for review and approval. The low floor elevation of the proposed structure on Lot 6 must be raised a minimum of 2 feet to conform with the District's requirements. A revised plan showing that the structure has been raised to meet the District's criteria must be submitted to the District. The District also requires a survey of the footing elevation, prior to the commencement of construction on the structure on Lot 6, to ensure that the structure has been raised to meet the District's criteria. If you have any questions regarding the conditions of the District's permit, please call us at 952-832-2600. Sincere] , B be C.Obermeyer BARB ENGINEERIN CO. Engineers for the District by the B and of Managers JRGAXnY-BLUFF CREEK WATERSHED DISTRICT President Date: !/ / D c: Paul Haik Howard Peterson Matt Saam Lori Haak ✓ Perry Ryan ::0DMA\PCD0CS\D0CS\242342\1 Board of Managers Howard Peterson Perry Forster Conrad Fiskness Philip Wright Susan Scribner 0 0 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) 0on I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is ai November 5, 2003, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of A Preliminary Plat to replat one lot into 3 single family lots with variances, 6700 Powers Blvd., Burlwood 2°d Addition to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of suchwere those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. 17N - � yEquty Clerk Subscribed and sworn to before me this. day of 2003. Notary Public g:engVomm XaffidavitAm 0 0 NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, NOVEMBER 18, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Preliminary Plat to replat one lot APPLICANT: Epic Development LLC into 3 single family lots with variances LOCATION: 6700 Powers Blvd. Burlwood 2nd Addition NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Epic Development LLP, is requesting a preliminary plat to replat one lot (40,355 sq. ft.) into 3 single family lots with variances, located at 6700 Powers Boulevard, Burlwood 2nd Addition. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1134 or e-mail saljaff@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on November 6, 2003. NOTICE OF PUBLIC HEARING PROPOSED SUBDIVISION CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, November 18, 2003, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider the application of Epic Development LLC, requesting Preliminary Plat to replat one lot (40,355 sq. ft.) into 3 single family lots with variances, located at 6700 Powers Boulevard, Burlwood 2nd Addition. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Sharmeen Al-Jaff, Senior Planner Phone: 952-227-1134 (Publish in the Chanhassen Villager on November 6, 2003) 0 0 ANDREW B & SUSAN L AKINS BEDDOR ENTERPRISES LP BRENT & KARLA WENNERSTROM 6699 MULBERRY CIR E 7951 POWERS BLVD 6790 CHAPARRAL LN CHANHASSEN MN 55317-8409 CHANHASSEN MN 55317-9502 CHANHASSEN MN 55317-9222 BRUCE &JULIE MAYER CAROL J EGYHAZI CARVER COUNTY CARVER COUNTY 6693 MULBERRY CIR E 6720 POWERS BLVD GOVT CTR -ADMIN CHANHASSEN MN 55317-8409 CHANHASSEN MN 55317-9548 600 4TH ST E CHASKA MN 55318-2102 CITY OF CHANHASSEN C/O BRUCE CHARLES E & LAURAL R JOHNSON CHRISTOPHER SCOTT EIMAN DEJONG 1100 LAKE LUCY RD 1206 LAKE LUCY RD 7700 MARKET BLVD CHANHASSEN MN 55317-8675 CHANHASSEN MN 55317-9433 PO BOX 147 CHANHASSEN MN 55317-0147 DAVID F SMITH & LAURA L DAVID M & COLLEEN B RONNEI DAVID P SMITH & JULIA A FRANZEN-SMITH SIMENSON-SMITH 5770 KELSEY 6724 POWERS BLVD EXCELSIOR MNN 6666 MULBERRY CIR E 55331-8588 CHANHASSEN MN 55317-8408 CHANHASSEN MN 55317-9548 DUANE H & MONA R UDSTUEN E SAMUEL CHASE III GERALD A JR & DENISE M FEDIE 6636 MULBERRY CIR E 6621 ARLINGTON CT 6800 UTICA CIR CHANHASSEN MN 55317-8408 CHANHASSEN MN 55317-7506 CHANHASSEN MN 55317-9514 HELEN JACQUES C/O A SUZETTE JAMES ERIK & PATRICIA JOHANSON JAMES P MANDERS LEIZIGER 16010 EXCELSIOR BLVD 6500 PEACEFUL LN 6791 CHAPARRAL LN MINN EXCELSIOR MN 55345-5408 CHANHASSEN MN 55317-9510 CHANHASSEN MN 55317-9223 INN JEFFREY N & MELISSA A ELDER JEFFREY ROBERT SMITH & JEFFREY W & LAURA A BROS 6696 MULBERRY CIR E CAROLYN WELDON SMITH 6771 CHAPARRAL LN CHANHASSEN MN 55317-8408 6601 ARLINGTON CT CHANHASSEN MN 55317-9223 CHANHASSEN MN 55317-7506 JENNIE A HAYS JOHN P & BARBARA J SPIESS JON G & LAURIE P STECKMAN 6691 POWERS BLVD 6610 ARLINGTON CT 1215 LAKE LUCY RD CHANHASSEN MN 55317-9513 CHANHASSEN MN 55317-7506 CHANHASSEN MN 55317-9433 KEITH DOUGLAS TRASK & ELGAH KEVIN L & JULIE A GRAPEY KEVIN L ANDVIK & TONETTE F MOJOKO TRASK CLINE-ANDVIK 6726 POWERS BLVD HA CHAPARRAL 5 CHANHASSEN MN 55317-9548 CHANHASSEN MULBERRY CIR E CHANHASSEN MN 55317-9222 CHANHASSEN MN 55317-8408 LAWRENCE & KATHLEEN KERBER LAYTON B & MADELYN L PAINE LESTER F III & JUDY L BOLSTAD 6420 POWERS BLVD 1092 SHENENDOAH CIR 1101 LAKE LUCY RD CHANHASSEN MN 55317-9434 CHANHASSEN MN 55317-9542 CHANHASSEN MN 55317-8676 0 0 MARY ELIZABETH MARTIN MATTHEW G & LISA L KLING MATTHEW H & SANDRA L HARDY 6620 ARLINGTON CT 6683 MULBERRY CIR 6800 CHAPARRAL LN CHANHASSEN MN 55317-7506 CHANHASSEN MN 55317-8409 CHANHASSEN MN 55317-9224 MICHAEL A WANNER & SCOTT MICHAEL J CUCCIA & MARGARET J NICHOLAS M & JUDY A JACQUES HEGEL CUCCIA 1214 LAKE LUCY RD 1180 LAKE LUCY RD 6722 POWERS BLVD CHANHASSEN MN 55317-9433 CHANHASSEN MN 55317-8675 CHANHASSEN MN 55317-9548 PAUL A & SHERYLL A KREUTER PAUL D & ANNE M KAPSNER PETER J & CYNTHIA L MILLER 1090 CARVER BEACH RD 6635 MULBERRY CIR E 6605 MULBERRY CIR E CHANHASSEN MN 55317-9529 CHANHASSEN MN 55317-8409 CHANHASSEN MN 55317-8409 REMIGIJUS KLYVIS RICHARD C ERSBO ROBERT E & DIANE L MARTINKA 6780 CHAPARRAL LN 6665 MULBERRY CIR E 6650 POWERS BLVD CHANHASSEN MN 55317-9222 CHANHASSEN MN 55317-8409 CHANHASSEN MN 55317-9513 ROBERT J BOE ROBERT MYRON AHRENS JR & ROBERT R & ETHELYN 6801 UTICA CIR PATRICIA M AHRENS CHRISTENSEN CHANHASSEN MN 55317-9514 1081 LAKE LUCY RD 6648 POWERS BLVD CHANHASSEN MN 55317-8678 CHANHASSEN MN 55317-9513 RONNIE K & TERESA M HAGEN ROY R & JACQUELINE B ANDERSON RUSSELL G KOHMAN 1200 LAKE LUCY RD 6695 MULBERRY CIR E 6730 POWERS BLVD CHANHASSEN MN 55317-9433 CHANHASSEN MN 55317-8409 CHANHASSEN MN 55317-9548 RUSSELL J & BONNIE G SIAKEL SCOTT J & JESSICA FREDRICKSON STEVEN J & DEBORAH MANNING 6703 MULBERRY CIR E 6681 POWERS BLVD 6687 MULBERRY CIR E CHANHASSEN MN 55317-8407 CHANHASSEN MN 55317-9513 CHANHASSEN MN 55317-8409 STEVEN L & PATRICIA A PAUL SUSAN K ARNDT SYLVESTER & MARY ROERICK 1031 CARVER BEACH RD 6520 WELSLEY CT 6600 ARLINGTON CT CHANHASSEN MN 55317-9529 CHANHASSEN MN 55317-7505 CHANHASSEN MN 55317-7506 TERRANCE E & DEBRA J BLACK THOMAS K & ANNE H MCGINN THOMAS M & DEBRA J GIVEN 6511 W ELSLEY CT 1121 LAKE LUCY RD 6521 W ELSLEY CT CHANHASSEN MN 55317-7505 CHANHASSEN MN 55317-8676 CHANHASSEN MN 55317-7505 TODD W & TERESA E DECKARD WILLIAM & JULIEANN INFANGER WILLIAM R & JEAN K TOUPIN 6611 ARLINGTON CT 6740 POWERS BLVD 6781 CHAPARRAL LN CHANHASSEN MN 55317-7506 CHANHASSEN MN 55317-9548 CHANHASSEN MN 55317-9223 0 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 r City Council Summary — October 27, 2003 Downtown Chanhassen Tax Increment Financing District. All voted in favor and the motion carried unanimously with a vote of 5 to 0. REQUEST FOR SUBDIVISION OF 3.63 ACRES INTO 7 SINGLE FAMILY LOTS WITH VARIANCES, AND A WETLAND ALTERATION PERMIT: LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF LAKE LUCY ROAD AND POWERS BOULEVARD, BURLWOOD ADDITION. EPIC DEVELOPMENT. Public Present: Name Address Perry Ryan Excelsior Rick Ragatz Minneapolis Bob Martinka 6650 Powers Boulevard Shanneen Al-Jaff presented the staff report and an update from Planning Commission. Councilman Labatt asked staff to explain how the replacement of wetland off site works. Mayor Furlong asked for clarification on the underground detention system and the legality of approving this item at the preliminary plat stage and the need to approve it at final plat. He also asked for clarification on the condition related to the road right-of-way required on the Martinka property. Rich Ragatz, representing the applicant, clarified that on condition 48, he wanted to be on the record that he has an agreement worked out with the adjacent property owners and will be giving this land to them He also wanted to state for the record that he is agreeing to pay for the entire cost of putting the cul-de-sac in and taking out the private drive. Bob Martinka, 6650 Powers Boulevard spoke on behalf of his neighbor at 6622 Powers Boulevard, who was not able to attend the meeting, to express his concern with the size of the tum around abutting his property and the impact on his property value. He was asking to be involved in discussions with the applicant, engineering and planning to discuss this matter. Councilman Labatt moved, Councilman Peterson seconded that the City Council approve preliminary plat for Subdivision #03-12 for Burlwood Addition for 7 lots and two oudots with variances to allow a private street and a 50 foot right-of-way as shown on the plans received September 29, 2003, subject to the following conditions: 1. The applicant shall revise the landscape plan to show a minimum of 51 trees to be planted. 2. A minimum of three deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits on Lots 1-4 and 6, Block 1 prior to any grading. 5. All transplanted evergreens must be warranted for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. 4 City Council Summary — October 27, 2003 7. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. 8. Show all of the proposed and existing easements on the preliminary plat. 9. On the grading plan: a. Add a rock construction entrance per City Detail Plate No. 5301. b. Revise the grading on the east side of Lot 6, Block 1 to prevent trapping water near the house pads. C. Show new ditch grades in the areas where driveways will be removed. d. Show the proposed contours for the berms along Powers Boulevard. e. Show all existing and proposed easements. f. Add a benchmark to the plan. 10. On the utility plan: a. Show all proposed and existing utility easements. b. Show all existing utilities and services in the area. Also, call out the pipe type, manhole numbers, and rim/invert elevations for all existing and proposed utilities. C. Add street lights at the intersection of Powers and the new street. 11. All of the existing driveway entrances to the property from Powers Boulevard must be removed during construction. 12. A driveway culvert is required under the proposed street entrance to the site. A Carver County permit will also be required. 13. An outlet control structure is required for the proposed pond per City Detail Plat No. 3109. Also, install a storm sewer line from the pond outlet to Lake Lucy Road and west, approximately 350 feet to an existing storm sewer line in Mulberry Circle. 14. Revise all slopes that exceed 3:1 or install a retaining wall. 15. A temporary easement is needed for the portion of the cul-de-sac that is outside of the proposed right-of-way. 16. All final construction plans must be signed by a professional engineer registered in the State of Minnesota. 17. Any work outside of the subject property or right-of-way will require temporary easements. 18. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. 19. The applicant has submitted drainage calculations for the site; however, additional information is still needed. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10 year, 24 hour storm event. 5 City Council Summary — October 27, 2003 20. Draintile will be required in back of the curb on the public street. 21. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 22. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPGA, Department of Health, Watershed District, Carver County, etc. 23. The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. 24. Private easements are required for the existing and proposed services to neighboring parcels that are outside of the right-of-way. 25. A 30 foot wide private driveway easement is required for the private drive which serves Lots 1.4, Block 1. In addition, the driveway must be constructed to a 7 ton design. The developer will be required to provide inspection reports verifying this. 26. Vacate the existing public utility easement in the area of the new street. 27. Additional information and detail must be added to the plans to show how the stormwater from the temporary cul-de-sac will be handled. 28. A public drainage and utility easement is required over the proposed pond. 29. A watermain and sanitary sewer lateral connection charge will be due for Lot 6, Block 1 at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440 per unit, the water hookup charge is $1,876 per unit and the SAC fee is $1,275 per unit. 30. A financial security must be supplied to the City to cover the cost of the future street extension and removal of the existing private street to the south. 31. Additional right-of-way will need to be platted to achieve a total of 40 feet from the center line of Lake Lucy Road. 32. The existing gravel driveway to the neighboring parcels must be maintained until the new street is graded in and curb is installed. 33. A storm sewer stub must be extended to the south to handle drainage from the future cul- de-sac, just south of the site. City Council Summary — October 27, 2003 34. The damaged portion of the existing storm line that goes through Lot 1, Block 2 must be replaced and connected with the proposed street storm sewer. 35. The proposed watermain must be extended to the south property line for future looping purposes. 36. Sanitary and water services shall be extended to the west property line for future development of the neighboring parcels. 37. The developer is required to pave the portion of the existing neighbor's driveways that are within the subject property as per city ordinance. A private driveway easement will also be required for the shared portion of the driveway. In addition, any shared portion of the driveway must be constructed to a 7 ton design. The developer is required to provide inspection reports verifying this. 38. A minimum 20 foot wide public drainage and utility easement is required over the existing ditch/drainage way on the Martinka property. 39. The entire public street and cul-de-sac must be installed with this project into the Golden Glow Acres right-of-way. The portion of the existing private street from Powers Boulevard that is within the right-of-way for the public cul-de-sac must be removed and replaced with sod. 40. Building official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. C. Demolition permit must be obtained before demolishing any structures. d. The homes located at 6648 and 6650 Powers Boulevard will require address changes as they will be accessed from a different street. 41. Fire Marshal conditions: a. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Excel Energy, cable TV and transformer boxes. This is to ensure that fie hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. b. Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Submit tum around dimensions to City Engineer and Fire Marshal for review and approval. Exception: Fire Marshal is authorized to increase the dimension of 150 feet where 1) the buildings are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 9033.1.2 or 9033.13 of the Fire Code. C. Block 1 and 2, Streets will be required to have street names. Submit names to Chanhassen Building Official and Fire Marshal for review and approval. d. No burning permits will be issued for trees/shrubs disposal. Any trees removed must be removed or chipped on site. 7 City Council Summary — October 27, 2003 e. Three additional fine hydrants will be required: one at the intersection of Lake Lucy and the driveway serving Block 1, one at the end of Block 1, Lot 4 near the emergency tum -around, and the third one must be installed near the temporary turn around proposed for Block 2. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fie hydrants. 42. Approval of subdivision 03-12 shall be contingent upon approval of the Wetland Alteration Permit #03-1. 43. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. 44. The applicant shall work with staff and downstream property owners to address storm water issues in this area prior to the development of Lot 1, Block 2 and the extension of the proposed street to Golden Glow Court. 45. Based on preliminary estimates, the water quality fees for the development are $4,906 and the water quantity fees are approximately $12,139. AT this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording is $17,045.00. 46. 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) and comply with their conditions of approval. 47. Outlots A and B shall be deeded to the City to facilitate flexibility in future road alignment. 48. The applicant has agreed to pay all costs associated with the extension of the cul-de-sac into the Golden Glow right-of-way. 49. The applicant shall provide that portion of the right-of-way on the Martinka property required for a 50 foot width. 50. All lots shall be custom graded. 51. Staff approval of the underground detention system for storm water management. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Peterson moved, Councilman Lundquist seconded that the City Council approve Wetland Alteration Permit #03-1 as shown in plans dated Received August 15, 2003, with the following conditions: 1. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. 2. 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) and comply with their conditions of approval. City Council Summary — October 27, 2003 3. Approval of Wetland Alteration Permit #03-1 shall be contingent upon approval of Subdivision #03-12. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSIDERATION OF BUDGET FOR FORMER LIBRARY SPACE, LOWER LEVEL OF CITY HALL. Public Present: Name Address Pat McGough 7230 Pontiac Circle Mel Kurvers 7240 Kurvers Point Road Jean Mancino 820 Santa Vera Drive Dale W. Geving 7602 Huron Avenue Todd Hoffman provided an update on this item and provided financial options available. He then introduced Matt Masica and Glenn Gauger from KKE Architects who provided schematic drawings. Councilman Peterson asked questions relating to the kitchen area and stated his concern about building another set of restrooms in such close proximity to the current ones. Councilman Ayotte has questions regarding the HVAC system Mayor Furlong asked about the items being suggested for cost savings. Todd Gerhardt suggested those items be done as bid alternatives. Councilman Peterson suggested adding a partition of some sort near the kitchen area, and having chairs as opposed to benches. Mayor Furlong asked staff about the costs associated with financingthe project. Councilman Labatt moved, Councilman Peterson seconded that the City Council approve the revised schematic design submittal for the City Hall Remodel project dated October 27, 2003, with the caveat of bid alternatives for the privacy wall for the kitchen, to verify that the bathrooms are ADA compliant and the appropriateness of using the council chambers restrooms as the alternative, to look at replacing the benches with chairs, and any other cost saving measures. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS: Councilman Labatt stated he attended the dedication for Westwood Church and commented on the nice speech given by Mayor Furlong. Also that Pastor Joel Johnson wanted to pass along thanks to city staff members, especially Kate, Bob, Sharmeen, Lori Haak, engineering and inspection and what a nice experience it was working with them. Councilman Ayotte provided an update on the Roundhouse Park renovation celebration on Saturday. Mayor Furlong informed the Council of a meeting he had with the mayors of Chaska and Victoria on Friday, which was very positive. They will try to meet every 2 to 3 months to share ideas. Todd Gerhardt informed the council that the Mayor and he will be giving the State of the City Address at the Chamber of Commerce luncheon tomorrow from 11:30 to 1:00, for anyone who is interested in attending. RI City Council Meeting — October 27, 2003 and we're just asking you to adopt this final resolution that shows all of those findings that we have followed state statutory requirements. That they do have a deficit at this point and we'll continue to have a deficit into 2004, and that we are availing ourselves of the relief asked during the special session, during this past summer back in June. Recommend that you hold the public hearing and then adopt the resolution. Mayor Furlong: Thank you. Is there any questions for staff? Seeing none we'll open the public hearing and invite anyone to come forward and speak on this matter. If you desire to speak, please state your name and address. Seeing no one, we'll close the public hearing and bring it back to council for discussion. Is there any discussion? I think this is a matter that has come before the council and the EDA a few times over the last month or so, so those of us up here are fairly familiar with it from our prior meetings. I think overall this is a prudent financial management action that will benefit the taxpayers of Chanhassen so I think it makes sense to move forward. Is there any other discussion? If not, is there a motion to approve staff recommendation of modifying the downtown TIF district with the attachments in our packet. Councilman Lundquist: So moved. Mayor Furlong: Is there a second? Councilman Labatt: Second. Mayor Furlong: Is there any discussion? Hearing none we'll move forward with the vote. Resolution #2003-94: Councilman Lundquist moved, Councilman Labatt seconded to approve the resolution adopting a Modification to the Tax Increment Financing Plan for the Downtown Chanhassen Tax Increment Financing District. All voted in favor and the motion carried unanimously with a vote of 5 to 0. REQUEST FOR SUBDIVISION OF 3.63 ACRES INTO 7 SINGLE FAMILY LOTS WITH VARIANCES, AND A WETLAND ALTERATION PERMIT; LOCATED AT THE Public Present: Name Address Perry Ryan Excelsior Rich Ragatz Minneapolis Bob Martinka 6650 Powers Boulevard Sharmeen A] -Jaffa Thank you Mayor Furlong, members of the City Council. The site is located south of Lake Lucy Road and west of Powers Boulevard. It has an area of 5.17 acres. It is zoned residential single family. Just a brief background on this application. In 1995 Mr. Ravis requested a subdivision of his property into 4 homes. Rather than looking at this site alone, staff recommended that we look at the entire area, since the majority of the parcel within the area has the potential for further subdivision. Mr. Ravis' parcel was divided into 4 parcels. Access to the homes is via a private street. As a condition of approval of this application, Mr. Ravis dedicated the right-of-way for the bubble of the cul-de-sac. When staff looked at the overall area, we looked at 5 different scenarios trying to figure out how to develop the overall picture. The 12 City Council Meeting — October 27, 2003 scenario that you see before you today is what the city agreed to. With that in mind, as mentioned earlier, the site has 5.17 acres. The applicant is requesting to subdivide it into 7 single family parcels. All the lots meet the minimum area with the requirements of the zoning ordinance. Four of the homes are proposed to be served via a private street. The remaining 3 homes will be served via a public street. Currently there are 3 homes that are served via a private street. Mr. Christensen's home, Mr. Martinka's home, and there is some of you might be familiar with the site with the Twin's garage parcel. With the construction of the new public right-of-way, these homes will be accessing off of the public street and the existing private street will be abandoned. As part of the approval of the application for the Ravis subdivision, this private street will be closed off and access will come off of the new public street. With this application there is also a wetland alteration permit. It proposes filling 5,%3 square feet. It will be replaced off site. With that staff is recommending approval of this application. We'd be happy to answer any questions, unless Matt you have anything to add. Mayor Furlong: Questions for staff. Councilman Labatt: Sharmeen, can you talk a little more about replacing it off site. The wetland alteration. As far as how that process works. Sharmeen Al-Jaff: The applicant worked closely with Lori Haak, our Water Resource Coordinator. The quality of the wetland on this site is not of high quality. There are banking credits where wetlands have been created off site. Actually they are outside the city of Chanhassen in this case, and part of the agreement is these credits, or it's double the size of what the applicant is filling on the site would be strictly dedicated to replace this wetland. Does that answer the question? Councilman Labatt: Well partially. We talk about the banking credits. What type of credits are they banking and I'm just trying to think how. Sharmeen Al-Jaff: The wetlands have been created off site. So let's round those numbers out. 5,000 square feet of wetland is being filled on this site. 10,000 square feet of the wetland that's already created off site will be dedicated in lieu of filling the wetland that you see on this site. Councilman Labatt: Okay. Sharmeen Al-Jaff: So basically he is purchasing 10,000 square feet of wetland to replace the wetland. Mayor Furlong: Purchasing the wetland somewhere else in the state. Not necessarily in the city. Shanneen AI-Jaff: I believe it's in Waconia. The banked. Rich Ragatz: Oh, Cologne. Sharmeen A]-Jaff: Cologne. Mayor Furlong: Okay, so in the county but not the city. Sharmeen A]-Jaff: In Carver County. Councilman Labatt: Okay. 13 City Council Meeting — October 27, 2003 Mayor Furlong: And that's standard practice? Sharmeen AI -Jaffa Yes. Councilman Labatt: Okay, that's all I have. Mayor Furlong: Other questions. A couple questions. Mr. Saam, one of the issues raised at the last Planning Commission. The second Planning Commission, was the issue of handling the storm water I think on the south part of the site because of topographical issues I guess, and that it wasn't going to be handled with storm ponds but with piping or something. Have you had a chance to look anymore into that or there were some questions included. Have we done that in the city before? Matt Saam: No. No, I think what you're getting at Mayor is what they call the underground detention system. Basically a pond in big pipes underground. We are still collecting data on that. It's not used, what I would call extensively. It is used though by certain cities, mostly by commercial developments such as a McDonald's. Something like that or big box retail where you're paving everything. Maybe you don't have land for a pond. A normal pond, so then they put it underground in big pipes. There is a structure to control the release of the water, just like in a normal pond. But I'm not an expert yet on it. We're still gathering that information. Mayor Furlong: I guess, you know, I'd be interested in, since we're not familiar with it, what the ongoing maintenance cost might be. If there's anything more or less than the ponds and if it's under multiple properties, or the location from a property owners standpoint in terms of use of their property. Matt Saam: Sure. That's the type of information I'm trying to get from the applicant. They're used widely in the City of Bloomington, or somewhat widely, so I've got calls in there to see what kind of maintenance issues are they seeing with these. But as of yet I don't have anything. Mayor Furlong: Well then I guess a general question, as this is a preliminary plat, if I'm correct reading the. Sharmeen Al -Jaffa This is a preliminary plat. Mayor Furlong: This is preliminary so if we approve this, what sort of comfort do we have, will we have time to gain comfort with that issue prior to the final, if we're not comfortable with that issue, do we have to go forward with the final? If it's part of the preliminary. I'm not suggesting I'm not going to be comfortable with it but. Matt Saam: I don't believe we're required to go forward with a final plat just based on a preliminary but maybe that's a question for the city attorney. Mayor Furlong: Yeah. The question is, they're proposing a new type of storm water management on a part of this site, and Mr. Saar said that we're still learning about it and my questions relate to long term maintenance and costs, since eventually I assume it's going to be turned over to the city. Matt Saam: Correct. 14 City Council Meeting — October 27, 2003 Mayor Furlong: Similar to a storm pond so if we approve the preliminary tonight, where that's in there, if we have issues with it down the road, can we deal with it at that point? Roger Knutson: You should condition the approval then on resolving your concerns about the long term maintenance issues involved with this underground pond. Mayor Furlong: Okay. Were there any conditions 1 through 59 that dealt with that, at this point, that we can amend? Matt Saam: I don't believe so. I'll do a quick check through Mayor Mayor Furlong: Okay. While you're doing that, the other question I had with regard to the conditions was number 50, and it might be just the wording of this but as I read this, this requires that the full right-of-way be on the Martinka property, which I don't think was the intent of the site plan design. Because I'm reading it, it requires the full right-of-way needed for the standard roadway is on the Martinka property, and I think what we're trying to say is that, is that that portion of the Martinka property required for the full right be available. Is that a better way to phrase that? Sharmeen A] -Jaffa That's a better way to phrase that, yes. Mayor Furlong: Do you remember what I just said? Okay. I think I've got it, if you bear with me. Did you find anything, is there any other condition with? Matt Saam: No, there is not a condition. Mayor Furlong: Okay. Want to try to work up a wording while we keep moving along? Okay. Any other questions for staff? Councilman Ayotte: With regard to collecting data, when do you think the data collection will be done and the analysis completed? Matt Saam: I would hope we'd have the data collected this week. Analysis by next week. I'm confident by the time of final plat we'll have answers to your questions and concerns. Mayor Furlong: Okay. Is there any other questions for staff at this time? Is the applicant here? Is there any information you'd like to share with council this evening? Rich Ragatz: Yes. Mayor Furlong: If you could state your name and address please. Rich Ragatz: Rich Ragatz, Minneapolis, Minnesota. Mayor Furlong: Good evening. Rich Ragatz: Good evening. A couple of things. First of all I just wanted to have a clarification on one of the conditions. 48. I just wanted to be on the record that I do have an agreement worked out with the adjacent property owners and I will be giving this land to them. So that they have, so that he's able to subdivide. But we don't have to do it now. We can do it on the final plat, if that works out better for everybody. That's fine. 15 City Council Meeting — October 27, 2003 Mayor Furlong: Staff comments on that. Sharmeen AI -Jaffa We just wanted to insure that the Christensen. Mayor Furlong: Had street frontage? Rich Ragatz: Yeah, and that I'm on the record because I've been working with them on the process and I just want them to know that I'm looking out for him. And secondly, we're not here to talk about the southern part of the site but I just want to be on the record again that I'm solving a potential problem of who pays. Who benefits and who pays and I'm agreeing to pay for the entire cost of putting the cul-de-sac in, and taking out the private drive so when I come back here in front of you in 30 to 45 days, I just want you to know that I've you know, gone above and beyond probably. So that's all I have to say. Thank you. Mayor Furlong: Thank you. Before you leave, with regard to 48. Rather than taking it out, should we include an and/or in there in terms of transferring title prior to final plat to, and we can work out the property description or something? Roger Knutson: Mayor, Outlot A shows he gave it to the city or to the abutting property owner. I assume there's only one abutting property owner. Rich Ragatz: There's two. Roger Knutson: To the abutting property owners, excuse me. Matt Saam: Only one property owner will be getting the land though, so. Correct Sharmeen? Sharmeen Al -Jaffa That's correct. Roger Knutson: So to the abutting property owner. Mayor Furlong: But you said there are two abutting property owners? Sharmeen Al -Jaffa Yes. Mayor Furlong: To Outlot A. So to that abutting property owner that requires access, street access. Councilman Labatt: Who is the abutting property owner that's going to benefit? Sharmeen AI -Jaffa The Christensen's property. Rich Ragatz: It's a private agreement and there's, I'm giving it to, I guess to both of them and they're going to work out who gets it. Or who gets what so. Mayor Furlong: So if we leave this now, as far as the preliminary, if that's worked out prior to the final, that would be okay and then we can deal with it at the final and amend it at that point? I mean what you're doing makes more sense so I just want to make sure it's in there. So if we leave this now, you can still go forward with your private agreement and then take care of it at the final plat with regard to that condition. Great. 16 City Council Meeting — October 27, 2003 Rich Ragatz: Yeah, and there's some other conditions that we'll just work through those before final plat so. Mayor Furlong: Alright, very good. Any questions for the applicant? Very good, thank you for coming up. Rich Ragatz: Thank you. Mayor Furlong: Mr. Martinka, this would be a time if you'd like to address some items with the council. Bob Martinka: Bob Martinka, 6650 Powers. Thank you for the courtesy of a couple of minutes, not only on behalf of myself but one of the neighbors to the south, who as I mentioned was called away on a medical emergency. While we're certainly here to speak in support of the development and so on, they have a concern that they'd like to voice. Early in the planning process and the implementation of the plan which you either about or will approve at some point in time, in terms of the planning for the cul-de-sac and how it impacts, especially the immediate property owner. One and only one property will abut that proposed 100 foot cul-de-sac. Maybe forever. Certainly for many years. I suppose it could be a way out possibility of a second property at some point abutting that cul-de-sac. As compared to a 100 foot cul-de-sac serving 4 or 5 or even 6, I'm not sure of the number, pie shaped lots. The property owner who very much wanted to be here this evening and I'm sure would do you know a much better job on this, and is prepared to than I but would like the opportunity to explore with engineering, whoever else is involved. Is there something that can be done to mitigate or to lessen the impact on the character of their property and on the negative impact that it will have inevitably on the value of that property, which abuts that cul-de-sac? Taking the form maybe of exploring something less than 100 feet. Whether the number is 90 or 80 or 70 is not a subject here. The city has reduced the size of the public street that will be serving this development. The north, yeah the north/south stretch of that street. That leads into the cul-de-sac. It would seem to make, there would seem to be some reasonable basis for also exploring a reduction of the size of that cul-de-sac, and that's my only reason for being here is to convey that message on behalf of the individual, the address is 6722 Powers who immediately abuts that, what would be a disproportionately, really large chunk of a turn around abutting one house. Now how that would happen I don't know but I guess he respectfully requests that somehow he be engaged in dialogue with the planners as this thing takes more detail. Mayor Furlong: Not to put anybody on the spot but does anybody want to address that right now, or is that something we can deal with? Matt Saam: I'll add a little something. The cul-de-sac that Mr. Martinka's speaking to was platted as Sharmeen said, with the previous plat, the Golden Glow Acres, so it was platted to the south. That right -0f --way is already in place. So for people who abut this right-of-way know it's there. We've always planned, even since it was platted, to put a street in there. And we are only proposing a cul-de-sac to meet our standard size. Mayor Furlong: And I guess the question that I hear being asked is, do we need or can we accommodate, obviously we need a place to tum our plows around and for safety. Is there some flexibility there or is that something that we can work with the developer on? I'm asking. Matt Saam: I think there's always flexibility Mayor. The one point I'd like to make is that, the cul-de-sac right-of-way is platted at 100 foot diameter. Current standards are 120 so we're 17 City Council Meeting — October 27, 2003 already 20 feet down from current standards. However, the pavement will be 90 feet in diameter, so what you actually see out there won't be 100 foot. Mayor Furlong: Okay. Bob Martinka: Could I convey to the property owner some sense of openness to their being involved in some dialogue on this and taking a look at it? Mayor Furlong: Is there any reason we wouldn't discuss the issue with the property owner? Matt Saam: No. No reason at all. Mayor Furlong: Okay, very good. Thank you Mr. Martinka. With that, are there any follow up questions for staff or the applicant at this point? If not, then I'll bring it back to the council for discussion. We're dealing with the preliminary plat with variances and the wetland alteration permit. Alright, Councilman Labatt's out of order. Any other? If not we'll move back to some seriousness here. Discussion on the preliminary plat, variances, wetland. I think overall this is, I commend the applicant for working with the residents and trying to find something, the best solution in a situation that was created by actions of prior councils. I've made the commitment to the City Manager that this council will never create difficult situations for future councils so I'm on the public record there. But then there is a difference between perception and reality so, I will hold out to my perception. That being said, I think this is a good alternative. It's a difficult situation given the multiple property ownership and the parcels and their locations so, but it seems straight forward. There were a couple issues on some of the other conditions that I think we'll need to work through as we move forward, is the sense of the council is to move forward with the preliminary. Is there any other discussion? If not, is there, I think the motion started on page 15 of our packet. For the preliminary plat approval. Is there somebody that would like to make a motion? Councilman Labatt: I'll move that we approve the preliminary plat subdivision #03-12 for the Burlwood Addition for 7 lots and 2 outlots subject to the following conditions, 1 through 51 with number 39 being updated as to what was presented to us by Mr. Saam. So that's a new number 39. Did the applicant see this one Matt? Matt Saam: Yes. Councilman Labatt: Okay. Okay, so 39 is amended to reflect the new verbiage. And Mayor, if you want to help me out on number 50. Mayor Furlong: Yeah, I would suggest that number 50 read, this approval is subject to obtaining and verifying that portion of the Martinka property necessary for the full right-of-way is made available for that purpose. Councilman Labatt: Will that work? Mayor Furlong: Oh, did you have something else? Sharmeen Al -Jaffa I wrote up something but. Councilman Labatt: Well let's listen to her's. 18 City Council Meeting — October 27, 2003 Mayor Furlong: Let's take our pick, yeah. Sharmeen Al -Jaffa Okay. The applicant shall provide that portion of the right-of-way on the Martinka property required for a 50 foot width. Mayor Furlong: Her's is better. Councilman Labatt: I like her's. Mayor Furlong: Yeah, her's is better. Bob Martinka: I didn't hear that please. Mayor Furlong: Certainly, could you repeat that please? Sharmeen Al -Jaffa Sure. The applicant shall provide that portion of the right-of-way on the Martinka property required for a 50 foot width. Mayor Furlong: Alright. Councilman Lundquist: Do you want to hit 52 as well? Mayor Furlong: Go ahead. Councilman Lundquist: That we add condition 52 would be, staff approval of the underground detention system for storm water management. Councilman Labatt: 51 is noted. Councilman Peterson: Are we going to change 48 or not? Councilman Labatt: 48, I thought we were going to leave as is until we get to final. Mayor Furlong: And we'll cover it at final, correct. Very good. So motion's been made with conditions 1 through 52 as stated. Is there any discussion? Is there a second, excuse me. Is there a second to the motion? Councilman Peterson: Second. Mayor Furlong: It's been made and seconded. Is there any discussion? Councilman Labatt: Mr. Martinka's got this puzzled look back there, in the back row. Can we just make sure that he's clear on that number 50. Bob Martinka: Well it's just that our name is probably involved in this, and it's the first time I've heard of it and I want to make sure that, and I'm not sure this is the time and the place to have a full understanding of that and what the impact is. 50 foot of what? Mayor Furlong: Do you want to clarify? The language that came through the Planning Commission was a little ambiguous and we're trying to clean it up to make it clear. 19 City Council Meeting — October 27, 2003 Sharmeen Al -Jaffa Basically it ensures that this portion of the right-of-way, this portion, this triangular piece on your property becomes part of the right-of-way. Bob Martinka: But according to the terms in conditions and dimensions that are included in the 8 or 10 point agreement between me and the developer. Mayor Furlong: And I think the issue as far as the city is concerned, we're, the city doesn't have an interest in that private agreement. We want to make sure that that's available so that the property's available. However the developer insures that so. Bob Martinka: As long as it's understood that our position... Mayor Furlong: That's fine. Yeah, it's up to the developer. Correct me if I'm wrong but it's up to the developer to meet these criteria's however they make sure that that's done, so. Roger Knutson: Mr. Martinka is not bound by this. He's not in for subdivision approval. Mayor Furlong: That's right. Thank you. Very good. Any other discussion? If there's none we'll proceed with the vote. Councilman Labatt moved, Councilman Peterson seconded that the City Council approve preliminary plat for Subdivision #03-12 for Burlwood Addition for 7 lots and two outlots with variances to allow a private street and a 50 foot right-of-way as shown on the plans received September 29, 2003, subject to the following conditions: 1. The applicant shall revise the landscape plan to show a minimum of 51 trees to be planted. 2. A minimum of three deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits on Lots 1-4 and 6, Block 1 prior to any grading. 5. All transplanted evergreens must be warranted for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. 7. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. 8. Show all of the proposed and existing easements on the preliminary plat. 9. On the grading plan: a. Add a rock construction entrance per City Detail Plate No. 5301. b. Revise the grading on the east side of Lot 6, Block 1 to prevent trapping water near the house pads. C. Show new ditch grades in the areas where driveways will be removed. 20 City Council Meeting — October 27, 2003 d. Show the proposed contours for the berms along Powers Boulevard. e. Show all existing and proposed easements. f. Add a benchmark to the plan. 10. On the utility plan: a. Show all proposed and existing utility easements. b. Show all existing utilities and services in the area. Also, call out the pipe type, manhole numbers, and rindinvert elevations for all existing and proposed utilities. C. Add street lights at the intersection of Powers and the new street. 11. All of the existing driveway entrances to the property from Powers Boulevard must be removed during construction. 12. A driveway culvert is required under the proposed street entrance to the site. A Carver County permit will also be required. 13. An outlet control structure is required for the proposed pond per City Detail Plat No. 3109. Also, install a storm sewer line from the pond outlet to Lake Lucy Road and west, approximately 350 feet to an existing storm sewer line in Mulberry Circle. 14. Revise all slopes that exceed 3:1 or install a retaining wall. 15. A temporary easement is needed for the portion of the cul-de-sac that is outside of the proposed right-of-way. 16. All final construction plans must be signed by a professional engineer registered in the State of Minnesota. 17. Any work outside of the subject property or right-of-way will require temporary easements. 18. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. 19. The applicant has submitted drainage calculations for the site; however, additional information is still needed. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10 year, 24 hour storm event. 20. Draintile will be required in back of the curb on the public street. 21. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 22. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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 21 City Council Meeting — October 27, 2003 installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 23. The basement elevations of Lots 1 through 4, Block I must be a minimum of three feet above the HWL of the proposed pond. 24. Private easements are required for the existing and proposed services to neighboring parcels that are outside of the right-of-way. 25. A 30 foot wide private driveway easement is required for the private drive which serves Lots 1-4, Block 1. In addition, the driveway must be constructed to a 7 ton design. The developer will be required to provide inspection reports verifying this. 26. Vacate the existing public utility easement in the area of the new street. 27. Additional information and detail must be added to the plans to show how the stormwater from the temporary cul-de-sac will be handled. 28. A public drainage and utility easement is required over the proposed pond. 29. A watermain and sanitary sewer lateral connection charge will be due for Lot 6, Block 1 at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440 per unit, the water hookup charge is $1,876 per unit and the SAC fee is $1,275 per unit. 30. A financial security must be supplied to the City to cover the cost of the future street extension and removal of the existing private street to the south. 31. Additional right-of-way will need to be platted to achieve a total of 40 feet from the center line of Lake Lucy Road. 32. The existing gravel driveway to the neighboring parcels must be maintained until the new street is graded in and curb is installed. 33. A storm sewer stub must be extended to the south to handle drainage from the future cul- de-sac, just south of the site. 34. The damaged portion of the existing storm line that goes through Lot 1, Block 2 must be replaced and connected with the proposed street storm sewer. 35. The proposed watermain must be extended to the south property line for future looping purposes. 36. Sanitary and water services shall be extended to the west property line for future development of the neighboring parcels. 22 City Council Meeting — October 27, 2003 37. The developer is required to pave the portion of the existing neighbor's driveways that are within the subject property as per city ordinance. A private driveway easement will also be required for the shared portion of the driveway. In addition, any shared portion of the driveway must be constructed to a 7 ton design. The developer is required to provide inspection reports verifying this. 38. A minimum 20 foot wide public drainage and utility easement is required over the existing ditch/drainage way on the Martinka property. 39. The entire public street and cul-de-sac must be installed with this project into the Golden Glow Acres right-of-way. The portion of the existing private street from Powers Boulevard that is within the right-of-way for the public cul-de-sac must be removed and replaced with sod. 40. Building official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. C. Demolition permit must be obtained before demolishing any structures. d. The homes located at 6648 and 6650 Powers Boulevard will require address changes as they will be accessed from a different street. 41. Fire Marshal conditions: a. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Excel Energy, 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. Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Submit turn around dimensions to City Engineer and Fire Marshal for review and approval. Exception: Fire Marshal is authorized to increase the dimension of 150 feet where 1) the buildings are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 9033.13 of the Fire Code. C. Block 1 and 2, Streets will be required to have street names. Submit names to Chanhassen Building Official and Fire Marshal for review and approval. d. No burning permits will be issued for treestshrubs disposal. Any trees removed must be removed or chipped on site. e. Three additional fire hydrants will be required: one at the intersection of Lake Lucy and the driveway serving Block 1, one at the end of Block 1, Lot 4 near the emergency tum -around, and the third one must be installed near the temporary tum around proposed for Block 2. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrants. 42. Approval of subdivision 03-12 shall be contingent upon approval of the Wetland Alteration Permit #03-1. 23 City Council Meeting — October 27, 2003 43. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. 44. The applicant shall work with staff and downstream property owners to address storm water issues in this area prior to the development of Lot 1, Block 2 and the extension of the proposed street to Golden Glow Court. 45. Based on preliminary estimates, the water quality fees for the development are $4,906 and the water quantity fees are approximately $12,139. AT this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording is $17,045.00. 46. 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) and comply with their conditions of approval. 47. Outlots A and B shall be deeded to the City to facilitate flexibility in future road alignment. 48. The applicant has agreed to pay all costs associated with the extension of the cul-de-sac into the Golden Glow right-of-way. 49. The applicant shall provide that portion of the right-of-way on the Martinka property required for a 50 foot width. 50. All lots shall be custom graded. 51. Staff approval of the underground detention system for storm water management. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Second motion request is relating to the wetland permit which begins on page 20. Councilman Peterson: I make the motion that the City Council approve Wetland Permit #03-1 as shown on plans dated and received August 15's subject to conditions 1 through 3. Councilman Lundquist: Second. Mayor Furlong: Thank you. Is there any discussion? Councilman Peterson moved, Councilman Lundquist seconded that the City Council approve Wetland Alteration Permit #03-1 as shown in plans dated Received August 15, 2003, with the following conditions: 1. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. 24 City Council Meeting — October 27, 2003 2. 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) and comply with their conditions of approval. 3. Approval of Wetland Alteration Permit #03-1 shall be contingent upon approval of Subdivision #03-12. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSIDERATION OF BUDGET FOR FORMER LIBRARY SPACE, LOWER LEVEL OF CITY HALL. Public Present: Name Address Pat McGough 7230 Pontiac Circle Mel Kurvers 7240 Kurvers Point Road Jean Mancino 820 Santa Vera Drive Dale W. Geving 7602 Huron Avenue Todd Hoffman: Mayor Furlong, members of the City Council. With the opening of the new library we have the vacant space next door to City Council chambers here for some remodeling. Back in August staff presented a concept plan and a preliminary budget for remodeling that space. Upon receiving the report that evening, hearing from members of the Senior Commission, the council asked that staff take additional time in developing that plan. Specifically that we get more input from the Senior Commission. On September 190' a meeting involving KKE Architects, members of the Senior Commission and staff was held at City Hall. The minutes of that meeting are included in the attached schematic design package. The representatives were very appreciative of having an opportunity to state their position regarding the project. Following that meeting City Manager Gerhardt had the opportunity to meet with the Senior Men's and Women's Club to discuss the plans. Lastly with a revised schematic design package available, I had the opportunity to review that with the Senior Commission on this October 170'. The commission approved the current plan with unanimous vote. Separate motion was entertained concerning the inclusion of the kitchen appliances and that motion passed with one dissenting vote. A revised preliminary construct estimate is included in your packet. I'd like to speak to that directly prior to having the representatives from KKE step forward to discuss the layout of the plan. The base bid amount is estimated $175,760 and that includes the general construction of the space and then both the electrical and mechanical. General construction is estimated at $125,760 for mechanical and electrical both estimated at $25,000 per package. The furnishing estimate for all spaces is estimated at $50,390. Our contract with KKE has changed due to the fact of the, just the expansiveness of the plan. How involved it's starting to get. There are 2 or 3 cooling systems that we're dealing with because of the separate spaces of the building. The original construction, the second construction, so there's a variety of things that need to be done concerning planned development design, plans and specifications. So we would like KKE to perform that work for the city, including the city in construction management. Due to those changes the cost of their contract has increased to $24,460. That's an additional $14,160 over our original contract with KKE. The Minnesota Accessibility Code mandates that accessible restrooms be made available, or accessibility improvements be completed when accessing spaces or remodel. Currently there is no accessible restrooms available in the lower level of City Hall. The space for those restrooms has been roughed in and that brings the cost of completing those 25 0 CITY OF C&USEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone. 952227.1180 Fax 952.227.1190 Engineering Phone: 952.227,1180 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952 227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227,1404 Planning It Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web She www.ci.chanhassen.mn.us � L4 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Sharmeen Al-Jaff, Senior Planner �. / DATE: October 20, 2003 SUBJ: Executive Summary for Preliminary Plat to Subdivide 5.17 Acres into 7 single-family lots and two outlots with a Variance to allow a private street, a 50 -foot right-of-way, and a Wetland Alteration Permit to fill a wetland, EXECUTIVE SUMMARY The applicant is proposing to subdivide 5.17 acres into 7 single family lots and two outlots. The property is zoned RSF, Single Family Residential District. The site contained a single family home and a garage. Access to the site is gained via a proposed private street off of Lake Lucy Road and Public Street off of Powers Boulevard. All lots meet the minimum lot area, width and depth requirements of the zoning ordinance with an average lot area of 21,323 square feet. Each parcel contains a 60' x 60' house pad. Lots 1, 2, 3, and 4, Block 1 are proposed to be served via a private street which will require a variance. The proposed right-of-way is 50 feet wide. The ordinance requires 60 feet. The existing right- of-way located on the Golden Glow Subdivision, is 50 feet wide. This right-of-way will be in keeping with the existing right -of --way. Outlots A and B are being created to be incorporated into the Christensen property. When the Christensen's are ready to subdivide their property, these oudots will serve as street frontages. A wetland alteration permit is also requested. It will result in filling 5,963 square feet of wetland and replacing it off site. Approval of the subdivision is contingent upon approval of the Wetland Alteration Permit. On September 16, 2003, this item was tabled by the Planning Commission. They directed the applicant to work with neighboring properties to resolve an accesses issue. The issue has been resolved and on October 7, 2003, the Planning Commission recommended approval of this application (see minutes #la). RECOMMENDATION Staff and the Planning Commission are recommending the City Council approve the preliminary plat for subdivision 2003-12 with variances and conditions 1-51, and the wetland alteration permit with conditions 1-3, respectively, noted in the staff report. ATTACHMENTS 1. Staff report and preliminary. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gear place to live, work, and play. CITY OF CHANHASSEN STAFF REPORT PC DATE: 9/16W 10/7/03 CC DATE: 104140310/27/03 REVIEW DEADLINE: 1041440112/14/03 CASE #: 03-12 SUB 03-1 WET BY: Al-Jaff:v PROPOSAL: Preliminary Plat to Subdivide 5.17 Acres into 7 single-family lots and two outlots with a Variance to allow a private street, a 50 -foot right-of-way, and a Wetland Alteration Permit to fill a wetland, Burlwood Addition. LOCATION: Southwest of the intersection of Lake Lucy Road and Powers Boulevard. APPLICANT: Richard Ragatz Larry and Kathy Kerber Epic Development, LLC. 6420 Powers Boulevard 3441 St. Paul Avenue Chanhassen, MN 55317 Minneapolis, MN 55416 (952) 474-4710 (612)730-2814 PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential Low Density (Net Density 1.2 — 4.0 units per acre) ACREAGE: 5.17 acres DENSITY: 1.3 Units per Acre Gross 2.0 Units per Acre Net SUMMARY OF REQUEST: Subdivision of 5.17 acres into 7 single-family lots, wetland alteration to fill a wetland, and a variance to allow a private street to serve four homes. Notice of this public hearing has been mailed to all property owners within 500 feet. Staff is recommending approval of the request. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. The City's discretion in approving or denying a wetland alteration permit is limited to whether or not the proposed alteration meets the standards outlined in the wetland conservation act and the city's wetland ordinance. If it meets these standards, the City must approve the wetland alteration. This is a quasi-judicial decision. Burlwood Addition October 27, 2003 Page 2 On September 16, 2003, the Planning Commission reviewed and tabled action on this item. They directed the applicant to work with Mr. Martinka and Mr. Christensen to realign/change their access from a private access easement to a public street. This change has taken place. This staff report has been amended. BACKGROUND included pros and cons. The history of this area started when Mr. Ravis, the single family home located south of the Kerber property and fronts on Powers Boulevard, decided to develop the property. The Kerber's were not ready to sell or seriously consider development alternatives. As a result, City staff completed Alternative Development Proposals for the Ravis Property and adjoining parcels dated January 30, 1995. The owner of the property proposed a private street to serve four homes. Staff evaluated the site and recommended the use of a public street. We also proposed to examine the surrounding area, potential for development, and services to those properties. All options maintained existing home sites. Mr. Kerber's "Twins" garage is removed in all options. Dashed lines represent existing property lines. Solid lines represent proposed lot lines. Utilities would be able to be extended to each option; however, Option E would require less utility and street construction. Each alternative The following is a summary of these alternatives: OPTION A This option develops the northerly portion of the site with public street (assumes Ravis subdivisionproposal over the south half). Pros - City street - Utilizes properties to their full potential Adequate intersection spacing on Lake Lucy Road Access limited to Lake Lucy Road Allows for Berming along Powers Boulevard and Lake Lucy Road Cons - Requires properties to be consolidated and replatted Burlwood Addition October 27, 2003 Page 3 - Tree loss - Significant grading/filling - Rear yards against Powers Boulevard - House type, mostly ramblers versus walkouts - Still requires private driveways to serve parcels to the south OPTION B This option is similar to Option A, but extended to service all parcels. Pros Basically the same as Option A except serves all the parcels. - City Street - Utilitizes properties to their full potential - Adequate intersection spacing on Lake Lucy Road - Provides room for berming along Powers Boulevard - Access limited to Lake Lucy Road Cons Same as Option A, but this option does not need private streets. - Becomes a long (1075') cul-de-sac with one access point OPTION C Pros - Same as Options A and B except allows two access points and the long cul-de-sac is reduced in half. Cons Same as Options A and B except the long cul-de-sac is resolved. / — I 1 24 2 23 Stec i 22 21 6 20 Christens n 79 6 y' 18 7 , Ma r- 9 10_ 10 4~ [ i{(ohman 14 ~ IMan9er 12 �Q 1 23 22 iB 3 7 Mamakka — i 17 Q ' is _9___ U 1, 10 "hma r- 17 12 ' M}90 4~ [ Burlwood Addition October 27, 2003 Page 4 OPTION D Basically the same as Option B, except access is from Powers Boulevard and Lot 6 would have access on to Lake Lucy Road. Pros - City street - Utilizes properties to their full potential - Adequate intersection spacing on Powers Boulevard - Provides room for berming along Powers Boulevard and Lake Lucy Road. Cons - Requires properties to be consolidated and replatted - Tree loss - Significant grading/filling - Rear yards against Powers Boulevard - House type mostly ramblers versus walkouts OPTION E This option combines the use of private and public streets to develop the site. Least disruptive to existing features and also allows for the area to develop, for the most part other. Pros - Minimizes site grading/filling and tree loss; retains existing topographic features for the most part - Provides a mixture of house types, i.e. walkout, rambler, etc. - Allows for parts of the area to develop independently of the rest - Provides public street access - Curb cuts align with or across from existing driveways - Adequate intersection spacing - Room for berming along Powers Boulevard and Lake Lucy Road - Maintains use of existing driveways - Most likely the most feasible from an economic standpoint - Eliminates long dead-end cul-de-sac Cons - Still requires two or more parcels to replat in order to develop layout independently of each A/ �! ` L !, I 2 23teI 1 clanan .4 Im.nl e 2hbbl as tenso e 21 n suc ramnka 20 C ,o. j__ L 12 Koh an b17 �4 Gnn U. 13 i Fnf n4e[ 1• t, Burlwood Addition October 27, 2003 Page 5 Ultimately, option E was selected. As mentioned earlier, the Kerbers were not considering development at the time. As such, the public street could not be constructed. The City Council approved the development of the Ravis Property (Golden Glow Acres). The development consisted of 4 lots served via a private street. As part of the Golden Glow Acres, the Right -of -Way for the bubble of a cul-de-sac was dedicated. The intent was to facilitate the future construction of the street. If the street was built, the intent was to close off the private street access on Powers Boulevard and redirecting traffic to the cul-de-sac. PROPOSAL/SUMMARY The applicant is proposing to subdivide 5.17 acres into 7 single family lots and two outlots. The property is zoned RSF, Single Family Residential District. The site is located at the southwest intersection of Lake Lucy Road and Powers Boulevard, and contains a single family home and a detached garage. Access to the site is proposed off of Powers Boulevard and Lake Lucy Road. F��LJLJJ a All lots meet the minimum lot area, width and depth requirements of the zoning ordinance with an average lot area of 21,323 square feet. Each parcel contains a 60' x 60' house pad. Lots 1, 2, 3, and 4, Block 1 are proposed to be served via a private street which will require a variance. The proposed right-of-way is 50 feet wide. The ordinance requires 60 feet. The existing right-of-way Burlwood Addition October 27, 2003 Page 6 located on the Golden Glow Subdivision, is 50 feet wide. This right-of-way will be in keeping with the existing right-of-way. Outlots A and B are being created to be incorporated into the Christensen property. When the Christensen's are ready to subdivide their property, these outlots will serve as street frontages. A wetland alteration permit is also requested It will result in filling 5,963 square feet of wetland and replacing it off site. Approval of the subdivision is contingent upon approval of the Wetland Alteration Permit. Staff has been working with the applicant for several months. The initial plan showed a temporary cul-de-sac to serve the property. It terminated approximately 90 feet east of the Christensen property. The reason for that is there is a cross access easement serving the Christensen and Martinka properties. The Marinka's are were not interested in vacating their rights in the easement. The City did not wish to accept a public street encumbered by an easement. Since the last Planning Commission meeting, the applicant, Mr. Martinka and W. Christensen have been able to reach an agreement dedicating the right-of-way for the entire cul-de-sac and vacating the private cross access easement. The one issue that remains unresolved is the construction of the cul-de-sac bubble over the Golden Glow Acres subdivision. The applicant is requesting that the bubble be constructed if and when the Kohmans and/or Infangers decide to subdivide their property. Staff wishes to see the private street serving the Golden Glow subdivision realigned and access off of the proposed cul-de-sac for safety reasons. Staff is recommending the entire cul-de-sac be built. The agreement the applicant reached with Mr. Martinka and Mr. Christensen preclude the construction of the bubble. If this becomes a reason for the private agreement to be dissolved and if the city wishes to see the entire cul-de-sac built, staff recommends the city approve the subdivision of Lots 1, 2, 3, and 4 only since they are served via a private street and will not impact the southerly half of the site from an access stand point. Lots 5 and 6 can be replatted into an outlot and Lot 1, Block 2 remains as proposed on the plans. Staff is recommending approval of the subdivision with variances and the wetland alteration permit with conditions outlined in the staff report. PRELIlVIINARY PLAT The applicant is proposing to subdivide a 5.17 acre site into 7 single family lots and two outlots. The density of the proposed subdivision is 1.3 units per acre gross and 2.0 units per acre net. All lots exceed the minimum 15,000 square feet of area, with an average lot size of 21,323 square feet. Burlwood Addition October 27, 2003 Page 7 All proposed lots meet the minimum width, and depth requirements of the Zoning Ordinance. A wetland occupies the northerly portion of the site and is proposed to be filled and replaced off site. Lots 1, 2, 3, and 4, Block 1, are proposed to be served via a private street. This layout is in keeping with a previous council recommendation. Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance. Existing Wetlands One ag-urban wetland exists in the northern portion of the property. GME Consultants, Inc. delineated the wetland in May 2003. The wetland is dominated by reed canary grass. The applicant is proposing to fill the wetland and mitigate it off-site through the purchase of wetland credits from a wetland bank. The total proposed impact to the wetland is 5,963 square feet (0.14 acres). Because the existing wetland is of low quality and future property owners would likely impact the entire wetland if the wetland was preserved during the subdivision process, staff is recommending sequencing flexibility. This will allow the applicant to fill the wetland and replace it with a wetland of greater function and value off-site through the state wetland bank. Wetland Replacement Wetland replacement must occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The City must approve a wetland replacement plan prior to wetland impacts occurring. GRADING, DRAINAGE AND EROSION CONTROL Storm Water Management There is a culvert on Lot 1, Block 2 that flows into a drainage -way on the property to the west. There is presently no public storm water infrastructure downstream from the culvert. The applicant should work with staff and downstream property owners to address storm water issues in this area prior to the development of Lot 1, Block 2 and the extension of the proposed street to Golden Glow Court. Surface Water Management Fees Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $949/acre. Burlwood Addition October 27, 2003 Page 8 Based on the proposed developed area of approximately 5.17 acres, the water quality fees associated with this project are $4,906.00. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average citywide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Single- family residential developments have a connection charge of $2,348 per developable acre. This results in a water quantity fee of approximately $12,139.00 for the proposed development. SWMP Credits This project proposes the construction of one storm water pond. The applicant will be credited for oversizing in accordance with the SWMP or the provision of outlet structures. The applicant will not be assessed for areas that are dedicated outlots. No credit will be given for temporary pond areas. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $17,045.00. Other Agencies 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) and comply with their conditions of approval. GRADING/DRAINAGE/EROSION CONTROL • The grading plan needs to be revised along the east side of Lot 6, Block 1 to avoid trapping stormwater against the respective house pads. • The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. • It is unclear from the plans how the applicant is proposing to handle the stormwater from the temporary cul-de-sac at the south end of the project. Additional information and detail must be added to the plans to address this. • The applicant is proposing an outlet overflow point to control the discharge of water from the proposed pond. This is inconsistent with current City specifications and past practice. Staff is recommending that an outlet control structure be installed to control the water discharge rate from the pond. Further, staff is recommending that a storm sewer line be constructed Burlwood Addition October 27, 2003 Page 9 from the pond outlet to Lake Lucy Road and west, approximately 350 feet, to an existing storm sewer line in Mulberry Circle. An underground detention system has been proposed to control the drainage from the south half of the site. This would be the first such system in the City; however, they have been used in other metro cities such as at the new Cub Foods on Highway 7 in Shorewood. Staff is gathering information from other cities regarding maintenance of these systems which act as underground ponds contained within large diameter pipes. Staff is willing to allow this type of stormwater system due to the unavailability of ponding sites in the area. • A storm sewer stub must be extended to the south to handle drainage from the future cul-de- sac, just south of the site. • The damaged portion of the existing storm line that goes through Lot 1, Block 2 must be replaced and connected with the proposed street storm sewer. • A minimum 20 -foot wide public drainage and utility easement is required over the existing ditch/drainage way on the Martinka property. • Erosion control measures and site restoration shall be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends that a rock construction entrance be shown on the plans in accordance with City Detail Plate No. 5301. • According to City as -built plans, all of the proposed lots have both sewer and water stubs except Lot 6, Block 1. • There is already an existing sanitary sewer line in the area of the temporary cul-de-sac. As such, the proposed sewer line can be deleted. • The proposed watermain must be extended to the south property line for future looping purposes. • Sanitary and water services shall be extended to the west property line for future development of the neighboring parcels. • The underlying parcel has been previously assessed for five utility units and those assessments have been paid. Since the applicant is now proposing more units than what was previously assessed, the one additional unit will be charged a watermain and sanitary sewer lateral connection charge at the time of building permit issuance. The current 2003 Burlwood Addition October 27, 2003 Page 10 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. STREETS The applicant's street layout follows a previous Council approved layout for this property and the street connection with Golden Glow Court to the south. Staff is recommending that the entire street and cul-de-sac be installed with this project instead of the temporary cul-de- sac that is proposed. Since the applicant has a signed agreement with the adjacent land owners to dedicate the necessary right-of-way, there is no reason that the full street should not be built. Upon completion of the full street and cul-de-sac, the existing private street, which serves Lots 3 and 4 of Golden Glow and the Kohman/Infanger parcels, would access onto the new public street and not Powers Boulevard. Lot 1 of Golden Glow would, however, continue to access Powers Boulevard through its existing driveway. If the full street and cul-de-sac is not built at this time, then a financial security must be supplied to the City to cover the cost of the future street extension and removal of the existing private street to the south. This is in line with the Golden Glow Acres development contract which required the street to be extended with the development of the Kerber property. • Lake Lucy Road is designated as a collector road in the City's Comprehensive Plan and Code Book. Collector roads require 80 -feet of right-of-way or 40 -feet on each side of the roadway centerline. As such, additional right-of-way will need to be platted to achieve a total of 40 - feet from the centerline of Lake Lucy Road. • The developer will be required to pave the portion of the existing neighbors' driveways that are within the subject property as per City ordinance. A private driveway easement will also be required for the shared portion of the driveway. In addition, any shared portion of the driveway must be constructed to a 7 -ton design. The developer will be required to provide Burlwood Addition October 27, 2003 Page 11 inspection reports verifying this. PARKS This property lies within the neighborhood park service areas of both Curry Farms Park and Carver Beach Park. TRAILS Two segments of the City's Comprehensive Trail Plan are located near this property. The first is an on -street trail located along both the eastbound and westbound lanes of Lake Lucy Road. The second is an off-street 8 ft. wide bituminous trail located on the east side of Powers Boulevard. This is across the street from the subject plat. The best crossing location for pedestrians is at the intersection of Powers Boulevard and Lake Lucy Lane. With these public services in place, the Park and Recreation Director is not recommending any additional public park or trail services be constructed as a part of this subdivision. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. TREE PRESERVATION/LANDSCAPING Canopy coverage and preservation calculations have been submitted for the Burlwood development. They are as follows: Total upland area (excluding wetlands) 5.27 ac. or 229,583 SF Baseline canopy coverage 35% or 79,465 SF Minimum canopy coverage allowed 30% or 68,875 SF Proposed tree preservation 615% or 22,958 SF The developer does not meet minimum canopy coverage allowed, therefore the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage (68,875 —22,958) 45,917 SF Multiplier 1.2 Total replacement 55,100 SF Total number of trees to be planted 51 trees (55,100=1089) The total number of trees required for the development is 51. The developer has proposed a total of 12 trees. An additional 39 trees must be added to the landscape plan. All replacements must Burlwood Addition October 27, 2003 Page 12 meet minimum size requirements. No more than one-third of the trees may be from any one species. The canopy coverage and replacement calculations submitted by the applicant differ from those presented by staff. According to the submitted calculations, the canopy coverage saved is 30%. Staff does not agree with their calculations for two important reasons: 1) some of the trees listed and counted as preserved are not on the applicant's property; 2) many of the trees listed as preserved are actually within the grading limits such as in the areas proposed as berm or pond. Staff does not accept the claim of tree preservation for any trees that are not protected by fencing and outside of grading limits. Therefore, tree preservation on site has been calculated at 15% which includes trees located on Lot 1, Block 2, the west side of the property behind a silt fence located at the grading limits, and the 12 evergreens scheduled for transplanting. The subdivision is also required to have buffer yard plantings along Powers Blvd. and Lake Lucy Road. Requirements are as follows: Location Required Proposed Powers Blvd. — buffer 10 overstory trees 0 overstory yard B — 20' width 15 understory trees 12 understory 500' length 25 shrubs 0 shrubs Lake Lucy Road 4 overstory trees 0 overstory Buffer yard B —15' 8 understory trees 3 understory width 12 shrubs 0 shrubs The developer has proposed a 4' berm along Powers Blvd. on top of which would be placed transplanted evergreens. The buffer yard area is only 20 feet wide and a 4' berm would require at least 24 feet in width in order to meet the city's 3:1 slope standard. The developer should reduce the berm to 3' in height or install a fence instead. COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Lot Lot Home Area Width Depth Setback Ordinance 15,000 90' 125' 30' front/rear 10' sides BLOCK 1 Lot 1 21,057 100' 210' 30730' 10' Lot 2 18,862 90' 209' 39/30' Burlwood Addition October 27, 2003 Page 13 Lot 1 41,336 141' 295' 30730730' 10' SUBDIVISION - FINDINGS The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance if the private street and right-of- way width variances are approved. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 10' Lot 3 18,778 90' 208' 39/30' 10' Lot 4 18,694 90' 207' 30730' 10' Lot 5 15,038 111' 134' 30'/30' 10' Lot 2 15,193 95' 134' 30730' 10' BLACK 2 Lot 1 41,336 141' 295' 30730730' 10' SUBDIVISION - FINDINGS The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance if the private street and right-of- way width variances are approved. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. Burlwood Addition October 27, 2003 Page 14 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. VARIANCE Section 18-57. Streets. (r) Private streets serving up to four (4) lots may be permitted in the A2, RR, RSF and R4 if the criteria in variance section 18-22 are met and upon consideration of the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of a private street will permit enhanced protection of the city's natural resources, including wetlands and protected areas. Staff is recommending approval of the private street based upon the analysis provided in the background section of the report. Burlwood Addition October 27, 2003 Page 15 VARIANCE FINDINGS Sec. 18-22. Variances. The city council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: (1) The hardship is not a mere inconvenience; (2) The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; (3) The condition or conditions upon which the request is based are unique and not generally applicable to other property; (4) The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Finding: Based upon the analysis within the background section of the report, it is possible to serve the site through a public street; however, by doing so, site grading and the dependence on other property owners increases. The applicant's request is fairly reasonable. As to the 50 foot right-of-way width, it is in keeping with the existing right- of-way for Golden Glow Court. Based upon these findings, staff is recommending approval of this variance. RECOMMENDATION Staff recommends the City Council adopt the following motions: PRELEME[NARY PLAT "The City Council approves the preliminary plat for Subdivision 1103-12 for Burlwood Addition for 7 lots and two outlots with variances to allow a private street and a 50 foot right-of-way as shown on the plans received September 29, 2003, subject to the following conditions: 1. The applicant shall revise the landscape plan to show a minimum of 51 trees to be planted. 2. A minimum of three deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits on Lots 1-4 and 6, Block 1 prior to any grading. Burlwood Addition October 27, 2003 Page 16 5. All transplanted evergreens must be warranted for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. 7. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. 8. Show all of the proposed and existing easements on the preliminary plat. 9. On the grading plan: a. Add a rock construction entrance per City Detail Plate No. 5301. b. Revise the grading on the east side of Lot 6, Block 1 to prevent trapping water near the house pads. c. Show new ditch grades in the areas where driveways will be removed. d. Show the proposed contours for the berms along Powers Boulevard. e. Show all existing and proposed easements. f. Add a benchmark to the plan. 10. On the utility plan: a. Show all proposed and existing utility easements. b. Show all existing utilities and services in the area. Also, call out the pipe type, manhole numbers, and rim/invert elevations for all existing and proposed utilities. c. Add streetlights at the intersection of Powers and the new street. 11. All of the existing driveway entrances to the property from Powers Blvd. must be removed during construction. 12. A driveway culvert is required under the proposed street entrance to the site. A Carver County permit will also be required. 13. An outlet control structure is required for the proposed pond per City Detail Plate No. 3109. Also, install a storm sewer line from the pond outlet to Lake Lucy Road and west, approximately 350 feet, to an existing storm sewer line in Mulberry Circle. 14. Revise all slopes that exceed 3:1 or install a retaining wall. Burlwood Addition October 27, 2003 Page 17 15. A temporary easement is needed for the portion of the cul-de-sac that is outside of the proposed right-of-way. 16. All final construction plans must be signed by a professional engineer registered in the State of Minnesota. 17. Any work outside of the subject property or right-of-way will require temporary easements. 18. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. 19. The applicant has submitted drainage calculations for the site; however, additional information is still needed. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10 -year, 24-hour storm event. 20. Draintile will be required in back of the curb on the public street. 21. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 22. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 23. The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. 24. Private easements are required for the existing and proposed services to neighboring parcels that are outside of the right-of-way. 25. A 30 -foot wide private driveway easement is required for the private drive which serves Lots 1-4, Bl.l. In addition, the driveway must be constructed to a 7 -ton design. The developer will be required to provide inspection reports verifying this. 26. Vacate the existing public utility easement in the area of the new street. Burlwood Addition October 27, 2003 Page 18 27. Additional information and detail must be added to the plans to show how the stormwater from the temporary cul-de-sac will be handled. 28. A public drainage and utility easement is required over the proposed pond. 29. A watermain and sanitary sewer lateral connection charge will be due for Lot 6, Block 1 at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. 30. A financial security must be supplied to the City to cover the cost of the future street extension and removal of the existing private street to the south. 31. Additional right-of-way will need to be platted to achieve a total of 40 -feet from the centerline of Lake Lucy Road. 32. The existing gravel driveway to the neighboring parcels must be maintained until the new street is graded in and curb is installed. 33. A storm sewer stub must be extended to the south to handle drainage from the future cul-de-sac, just south of the site. 34. The damaged portion of the existing storm line that goes through Lot 1, Block 2 must be replaced and connected with the proposed street storm sewer. 35. The proposed watermain must be extended to the south property line for future looping purposes. 36. Sanitary and water services shall be extended to the west property line for future development of the neighboring parcels. 37. The developer is required to pave the portion of the existing neighbors' driveways that are within the subject property as per City ordinance. A private driveway easement will also be required for the shared portion of the driveway. In addition, any shared portion of the driveway must be constructed to a 7 -ton design. The developer is required to provide inspection reports verifying this. Burlwood Addition October 27, 2003 Page 19 38. A minimum 20 -foot wide public drainage and utility easement is required over the existing ditch/drainage way on the Martinka property. 39. The entire public street and cul-de-sac must be installed with this project into the Golden Glow Acres right-of-way. 40. Building Official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. c. Demolition permits must be obtained before demolishing any structures. d. The homes located at 6648 and 6650 Powers Blvd. will require address changes as they will be accessed from a different street. 42. Fire Marshal conditions: a. A 10 -foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Excel Energy, 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. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Submit turn- around dimensions to City Engineer and Fire Marshal for review and approval. Exception: Fire Marshal is authorized to increase the dimension of 150 feet where 1) the buildings are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Fire Code. c. Block 1 and 2 — Streets will be required to have street names. Submit names to Chanhassen Building Official and Fire Marshal for review and approval. d. No burning permits will be issued for treestshrubs disposal. Any trees removed must be removed or chipped on site. e. Three additional fire hydrants will be required; one at the intersection of lake Lucy and the driveway serving Block 1, one at the end of Block 1, Lot 4 near the emergency turn- around, and the third one must be installed near the temporary tum -around proposed for Block 2. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrants. 43. Approval of subdivision 03-12 shall be contingent upon approval of Wetland Alteration Permit 03-1. Burlwood Addition October 27, 2003 Page 20 44. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. 45. The applicant shall work with staff and downstream property owners to address storm water issues in this area prior to the development of Lot 1, Block 2 and the extension of the proposed street to Golden Glow Court. 46. Based on preliminary estimates, the water quality fees for the development are $4,906.00 and the water quantity fees are approximately $12,139.00. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $17,045.00. 47. 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) and comply with their conditions of approval. 48. Outlots A and B shall be deeded to the City to facilitate flexibility in future road alignment. 49. The applicant has agreed to pay all costs associated with the extension of the cul-de-sac into the Golden Glow right-of-way. 50. This approval is subject to obtaining and verifying that the full width right-of-way needed for a standard roadway is on the Martinka property. 51. All lots shall be custom graded." WETLAND ALTERATION PERMIT "The City Council approves wetland alteration permit 03-1 as shown in plans dated received August 15, 2003, with the following conditions: 1. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. 2. 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) and comply with their conditions of approval. 3. Approval of Wetland Alteration Permit 03-1 shall be contingent upon approval of subdivision 03-12." Burlwood Addition October 27, 2003 Page 21 ATTACHMENTS 1. Application 2. History of area 3. Hearing notice and property owners list. 4. Memo from Todd Hoffman dated July 30, 2003. 5. Memo from Steve Torell dated August 6, 2003. 6. Memo from Matt Saam dated September 29, 2003. 7. Memo from Mark Littfin dated July 28, 2003. 8. Letter from Gary Thompson dated July 25, 2003. 9. Tree Inventory. 10. Minutes from September 16, 2003 Planning Commission Meeting 11. Minutes from October 7, 2003 Planning Commission Meeting 12. Plans gAplan\sa\burlwood pc.doc CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: A.*c.� A r 1912 F Ep'c de e�aP^�OWNER: La,�y ' k4tL, y Ktr6er ADDRESS: 3441 Sf led ( /L Fv1 aC ADDRESS: 6y10 Dauer-/' I?/,.,I "�''n-Ve Ap'(%f ell 'n' 5-ry16 TELEPHONE (Daytime) (6t2 73o-2g(y TELEPHONE: (95-1) 97q— Comprehensive Plan Amendment — Temporary Sales Permit Conditional Use Permit Vacation of ROW/Easements Interim Use Permit 7( Variance Non -conforming Use Permit Wetland Alteration Permit ,� 2 7S Planned Unit Development' Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review X Notification Sign :k /7S- _ Site Plan Review' X Escrow for Filing Fees/Attorney Cost" #y op ($50 CUP/SPR/VAC/VAR/WAP/Metes Subdivision' and Bounds, $400 Minor SUB) (Do i 9 x I 73S TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. C / Building material samples must be submitted with site plan reviews. ^ 'Twenty-six full size folded copies of the plans must be submitted, including an 81/z" X 11" reduced copy for each plan sheet. " Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME D cl r ( wo c i LOCATION 006 .liov jam„ LEGAL DESCRIPTION To o (, , f 4' 9,.-S TOTALACREAGE S. 17 Hcre WETLANDS PRESENT �( YES NO PRESENT ZONING rl 5 F yle y 90J. J.�L; a REQUESTED ZONING _ R S S %lee Fo ... ' 1 v Q e f` C(4 A k a r ,• PRESENT LAND USE DESIGNATION R e 1; i ; I L Oe n j, �✓ REQUESTED LAND USE DESIGNATION Ke De A ' � ✓ REASON FOR THIS REQUEST Op ¢ (0 0 �Z f`��r� ✓ ` }-0 7 n r This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the parry whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Application Received on Fee Paid -j% —03 Date 7^/%-03 Date Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952)227-1100 DEVELOPMENT REVIEW APPLICATION p „e� LI_C APPLICANT: "C_ nQ � ksail-L F Ep2 nearl'P OWNER: Lary ' ka+L,,, Ke4er ADDRESS: 3`t41 S4, Iia / 19 -eh -4e TELEPHONE (Daytime) 6l2 �3U — 2 814 ADDRESS: 6y2-0 00�erf J?ju� m.v TELEPHONE: ( 95Q ri7,1— q 7 (O Comprehensive Plan Amendment A Temporary Sales Permit Conditional Use Permit Vacation of ROW/Easements Interim Use Permit X Variance _$ Zq3 Non -conforming Use Permit _jX Wetland Alteration Permit 4 2 7Y- SPlanned PlannedUnit Development* Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review X Notification Sign :9 /iS Site Plan Review* X Escrow for Filing Fees/Attomey Cost" 744 ce, ($50 CUP/SPRNACNAR/WAP/Metes and Bounds, $400 Minor SUB) Subdivision* 6d0 f 9 x I S) _ * 73S I -7g,5 - TOTAL FEE $ 1, -79,5 - A list of all property owners within 500 feet of the boundaries of the property must be included with the application.`l-Y �''dI C. / elea)e pfoe }'I::J m,:l'�� 1; /- Building material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. HISTORY OF SUBJECT PROPERTY AND SURROUNDING AREA The history of this micro area really started when Ravis, the single family home that is adjacent to the south of the Kerber property and fronts Powers Boulevard, decided it was time to develop the property. Unfortunately, the Kerber's were not ready to sell or seriously consider development alternatives. As a result, Chanhassen completed Alternative Development Proposals for the Ravis Property and adjoining parcels (LUR File number 95-4) dated February 24, 1995. This weighed the pros and cons of various scenarios. In the end, Option "E" was determined to be the best solution. One of the main reasons was that it would eventually eliminate one access point from Powers Boulevard. This scenario was chosen. The City process resulted in a Final Plat and Development Agreement dated December 16, 1996. The development agreement states that if/when the public street/cul-de-sac is constructed in the future, access to Lots 2, 3 and 4 shall be limited to the public street/cul-de-sac and the private driveway along the south side of Lot 1 shall be abandoned and removed in conjunction with the project. In addition, Ravis dedicated a 50 -foot cul-de-sac easement over Lots 1 and 2. Subsequent to the Final Plat Approval from the City of Chanhassen, 3 homes were built and sold in 1999 and 2000. In addition, the developer, Ravis, sold to Carol Egyhazi in January 1999. The other properties affected by the cul-de-sac are the Christensen and Martinka parcels. Christensen bought in August of 1994 and Martinka purchased in July 1999. Given the above history and our several meetings, we are moving forward with the Option "E" that the City determined was the best scenario. It should be noted, however, that we are stopping the road short, dead -ending this street to the platted Golden Glow Court cul-de-sac due to Martinka's unwillingness to participate (sign the application). It is not possible to extend the road and connect up with the platted Golden Glow Court cul-de-sac without having a portion of the road and road right of way on Martinka's property. The road and cul-de-sac can be connected at a future date when Martinka and/or the two under -developed parcels to the south decide to subdivide. See attached development agreement that I presented to Robert Martinka. In my opinion, this agreement was more than generous and gave the Martinka's the ability to subdivide in the future, would result in the least impact to their property, preserve as much privacy as possible, and all of this at no cost to the Martinka's. He was unwilling to sign this development agreement. At this point, I have withdrawn this more than generous offer. I have also purchased 17 feet from Carol Egyhazi, parcel abutting to the south, in order to minimize the impact on the Martinka and Christensen parcels. Subsequent to this agreement, Egyhazi rescinded the offer the day after, however, according to my attorney, it still represents a binding agreement. I do not plan to try and enforce this agreement. As a result, the future street connecting the cul-de-sac to Powers Boulevard is primarily on my/Kerber's property that is being developed. This is the situation even though Martinka and Christensen both can and will subdivide their properties. In addition, engineering has stated that I, being the developer, will be responsible for all of the cost of any road/cul-de-sac constructed, even though several people benefit (14 potential/future lots benefit with my development comprised of 5 of those benefiting lots). This cul-de-sac also adversely impacts the three southern future lots of my property due to the lots having double or triple frontage. I understand that planning can be extremely challenging when parcels develop independently, however, a parcel owner should not be penalized for waiting to develop. The land plan submitted is the most effective considering the current constraints. 00915 aasel slagel ssaippy JAMES P MANDERS 6791 CHAPARRAL LN CHANHASSEN MN 55317 BRENT & KARLA WENNERSTROM 6790 CHAPARRAL LN CHANHASSEN MN 55317 GERALD A JR & DENISE M FEDIE 6800 UTICA CIR CHANHASSEN MN 55317 ROBERT JBOE 6801 UTICA CIR CHANHASSEN MN 55317 MATTHEW H & SANDRA L HARDY 6800 CHAPARRAL LN CHANHASSEN MN 55317 @AU3AVO O091S jol aleldwal ash wislaa4S paaj 410OWS Smooth Feed SheetsTM DAVID M & COLLEEN B RONNEI 6666 MULBERRY CIR E CHANHASSEN MN 55317 DAVID F SMITH & LAURA L FRANZEN-SMITH 5770 KELSEY DR EXCELSIOR MN 55331 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET PO BOX 147 CHANHA69ER MN 55317 LAYTON B & MADELYN L PAINE 1092 SHENENDOAH CIR CHANHASSEN MN 55317 JEFFREY N & MELISSA A ELDER 6696 MULBERRY CIR E CHANHASSEN MN 55317 STEVEN J & DEBORAH MANNING 6687 MULBERRY CIR E CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O BRUCE D N(!I-- 7700 M6WET BLVD PO BOX 147 CHANSASSEN MN 55317 PAUL A & SHERYLL A KREUTER 1090 CARVER BEACH RD CHANHASSEN MN 55317 ROBERT R & ETHELYN CHRISTENSEN BRUCE & JULIE MAYER 6648 POWERS BLVD 6693 MULBERRY CIR E CHANHASSEN MN 55317 CHANHASSEN MN 55317 LAWRENCE & KATHLEEN KERBER 6420 POWERS BLVD CHANHASSEN MN 55317 JENNIE A HAYS 6691 POWERS BLVD CHANHASSEN MN 55317 RICHARD C ERSBO 6665 MULBERRY CIR E CHANHASSEN MN 55317 ROBERT E & DIANE L MARTINKA 6650 POWERS BLVD CHANHASSEN MN 55317 MICHAEL J CUCCIA & MARGARET J CUCCIA 6722 POWERS BLVD CHANHASSEN MN Use template for 51600 ANDREW B & SUSAN L AKINS 6699 MULBERRY CIR E CHANHASSEN MN 55317 DAVID P SMITH & JULIA A SIMENSON-SMITH 6724 POWERS BLVD CHANHASSEN MN 55317 RUSSELL G KOHMAN 6730 POWERS BLVD CHANHASSEN MN 55317 KEVIN L & JULIE A GRAFFT 6726 POWERS BLVD CHANHASSEN MN 55317 WILLIAM & JULIEANN INFANGER 6740 POWERS BLVD CHANHASSEN MN 55317 PALLAR NGEP & CHANTHAN HOUR 6770 CHAPARRAL LN 55317 CHANHASSEN MN 55317 CAROL J EGYHAZI 6720 POWERS BLVD CHANHASSEN MN 55317 ROY R & JACQUELINE B ANDERSON 6695 MULBERRY CIR E CHANHASSEN MN 55317 RUSSELL J & BONNIE G SIAKEL 6703 MULBERRY CIR E CHANHASSEN MN 55317 MATTHEW G & LISA L KLING CITY OF CHANHASSEN 6683 MULBERRY CIR C/O BRUCE DE CHANHASSEN MN 55317 7700 MA BLVDPO BOX 147 CHA SS MN 55317 REMIGIJUS KLYVIS 6780 CHAPARRAL LN CHANHASSEN MN 55317 JEFFREY W & LAURA A BROS 6771 CHAPARRAL LN CHANHASSEN MN 55317 STEVEN L & PATRICIA A PAUL 1031 CARVER BEACH RD CHANHASSEN MN 55317 WILLIAM R & JEAN K TOUPIN 6781 CHAPARRAL LN CHANHASSEN MN 55317 ,AVERY® Address Labels Laser 5160® Smooth Feed SheetsTM JAMES ERIK & PATRICIA JOHANSON HELEN JACQUES 3500 PEACEFUL LN C/O A SUZETTE LEIZINGER CHANHASSEN MN 55317 16010 EXCELSIOR BLVD MINNETONKA MN 55345 CARVER COUNTY RONNIE K & TERESA M HAGEN CARVER COUNTY GOVT CTR -ADMIN 1200 LAKE LUCY RD 300 4TH ST E CHANHASSEN MN 55317 CHASKA MN 55318 BEDDOR ENTERPRISES LP 7951 POWERS BLVD CHANHASSEN MN 55317 TERRANCE E & DEBRA J BLACK 6511 WELSLEY CT CHANHASSEN MN 55317 THOMAS M & DEBRA J GIVEN 6521 WELSLEYCT CHANHASSEN MN 55317 SUSAN K ARNDT 6520 W ELSLEY CT CHANHASSEN MN 55317 MARY ELIZABETH MARTIN 6620 ARLINGTON CT CHANHASSEN MN 55317 E SAMUEL CHASE III 6621 ARLINGTON CT CHANHASSEN MN 55317 TODD W & TERESA E DECKARD 6611 ARLINGTON CT CHANHASSEN MN 55317 JOHN P & BARBARA J SPIESS 6610 ARLINGTON CT CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O BRUCE DEJO 7700 MARL D PO BOX 147 CH A SEN MN 55317 CHRISTOPHER SCOTT EIMAN 1206 LAKE LUCY RD CHANHASSEN MN 55317 MICHAEL A WANNER & SCOTT HEGEL 1180 LAKE LUCY RD CHANHASSEN MN 55317 JEFFREY ROBERT SMITH & CAROLYN WELDON SMITH 6601 ARLINGTON CT CHANHASSEN MN 55317 SYLVESTER & MARY ROERICK 6600 ARLINGTON CT CHANHASSEN MN 55317 CHARLES E & LAURAL R JOHNSON 1100 LAKE LUCY RD CHANHASSEN MN 55317 NICHOLAS M & JUDY A JACQUES CITY OF CHANHASSEN 1214 LAKE LUCY RD C/O BRUCE DEJO CHANHASSEN MN 55317 7700 MARKET PKDPO BOX 147 CHAN MN 55317 AVERYe Address Labels Use template for 51600 JON G & LAURIE P STECKMAN 1215 LAKE LUCY RD CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 PETER J & CYNTHIA L MILLER 6605 MULBERRY CIR E CHANHASSEN MN 55317 PAUL D & ANNE M KAPSNER 6635 MULBERRY CIR E CHANHASSEN MN 55317 KEVIN L ANDVIK & TONETTE F CLINE-ANDVIK 6606 MULBERRY CIR E CHANHASSEN MN 55317 DUANE H & MONA R UDSTUEN 6636 MULBERRY CIR E CHANHASSEN MN 55317 LESTER F III & JUDY L BOLSTAD 1101 LAKE LUCY RD CHANHASSEN MN 55317 ROBERT MYRON AHRENS JR & PATRICIA M AHRENS 1081 LAKE LUCY RD CHANHASSEN MN 55317 THOMAS K & ANNE H MCGINN 1121 LAKE LUCY RD CHANHASSEN MN 55317 SCOTT J & JESSICA FREDRICKSON 6681 POWERS BLVD CHANHASSEN MN 55317 Laser 5160® August 12, 2003 CITY OF 7700 Market Boulevard PO Boz 147 Re: Proposed Burlwood Addition Chanhassen, MN 55317 Administration Dear Property Owner: Phone: 952.227.1100 Fax: 952.227.1110 This letter is to notify you that the application of Epic Development, LLC, (Larry Building Inspedtons and Kathy Kerber) requesting Preliminary Plat to replat of 3.63 acres into 9 single Phone: 952227.1100 family lots with variances, and a wetland alteration permit, Burlwood, located at Fax. 952.227, 1190 the southwest intersection of Lake Lucy Road and Powers Boulevard has been Engineering postponed from August 12, 2003 meeting and has been rescheduled for Tuesday, Phone: 9522271160 September 16, 2003 at 7:00 p.m. Fax: 952 227.1170 Finance Should you have any questions, please feel free to contact me by e-mail at Phone: 952.227.1140 saliaff@ci.chanhassen.mn.us or 952-227-1134. Fax 952227 1110 Manning 6 Natural Nesourees Phone: 952.227.1130 Fax: 952.227.1110 Public Wolter 1591 Park Road Phone: 952227.1300 Fax: 952.227.1310 Senior Ceder Phone: 952227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen mn.us The City of Chanhassen - A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A groat place to live, work, and play. Sincerely, Park &Recreation Phone: 952 227.1120 t Fax: 952.227.1110 Recreation Center 1 �^ 2310 Coulter Boulevard SharmeenAl—Jaff Phone: 952.227.1400 Senior Planner Fax. 952.227.1404 Manning 6 Natural Nesourees Phone: 952.227.1130 Fax: 952.227.1110 Public Wolter 1591 Park Road Phone: 952227.1300 Fax: 952.227.1310 Senior Ceder Phone: 952227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen mn.us The City of Chanhassen - A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A groat place to live, work, and play. City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 Date: 7/24/2003 To: Development Plan Referral Agencies From: Planning Department By: Sharmeen Al-Jaff, Senior Planner Subject: Preliminary Plat to replat of 3.63 acres into 9 single family lots with variances, and a wetland alteration permit, Burlwood, Epic Development, LLC, located at the southwest intersection of Lake Lucy Road and Powers Boulevard. Planning Case: 2003-12 SUB The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 18, 2003. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations conceming the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concemed so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 19, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 8, 2003. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments TTelephone Company City Engineer (US West or United) City Attorney City Park Director Electric Company Fire Marshal (Excel Energy or MN Valley) uilding Official Water Resources Coordinator �Triax Cable System g. Forester 2. Wa ed District Engineer 11. U. S. Fish and Wildlife to oil Conservation Service ® .rer County Engineer 4. MN Dept. of Transportation b. Environmental Services 5. U.S. Army Corps of Engineers 13. Other- & Minnegasco 14. 7. MN Dept. of Natural Resources NOTICE OF PUBLIC HEARING PRELIMINARY PLAT AND WETLAND ALTERATION PERMIT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen PlarmingCom missionwilt hold a public hearing on Tuesday, September 16, 2003, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 690 City Center Drive. Theputpose ofthishearingistoconsidertheapplication of Epic Development, LLC, requesting Preliminary plat [o replat of 3.63 acres into 7 single fatnily lots with variances, and awetlandalreration permit, locatedat the southwest intersection of Lake Lucy Road and Powers Boulevard, Burlwood Addition. A plan showing the location of the Proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public heating and express their opinions with respect to this proposal. Sharmeen AI-Jaff, Senior Planner Phone: 952-227-1134 (Published in the Chanhassen Villager on Thursday, September 4, 2003; No. 4977) Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. Ll per// (B) The printed public notice that is attached to this Affidavit and identified as No./ was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrsmvwxyz /1 ,_.t,-- Y: Li.a lr�l r-- Laurie A. Hartmann Subscribed and sworn before me on t i this Jy GW€N M.RADUEj y '..g NOTARY PUBUC MINNE My Co�nmss, o Eq,w JaF, 5 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $21.00 per column inch Maximum rate allowed by law for the above matter ................................ $21.00 per column inch Rate actually charged for the above matter ............................................... $10.63 per column inch Smooth Feed SheetsTM JAMES ERIK & PATRICIA JOHANSON HELEN JACQUES 3500 PEACEFUL LN C/O A SUZETTE LEIZINGER CHANHASSEN MN 55317 16010 EXCELSIOR BLVD MINNETONKA MN 55345 CARVER COUNTY RONNIE K & TERESA M HAGEN CARVER COUNTY GOVT CTR -ADMIN 1200 LAKE LUCY RD 500 4TH ST E CHANHASSEN MN 55317 CHASKA MN 55318 BEDDOR ENTERPRISES LP 7951 POWERS BLVD CHANHASSEN MN 55317 TERRANCE E & DEBRA J BLACK 6511 W ELSLEY CT CHANHASSEN MN 55317 THOMAS M & DEBRA J GIVEN 6521 WELSLEYCT CHANHASSEN MN 55317 SUSAN K ARNDT 6520 W ELSLEY CT CHANHASSEN MN 55317 MARY ELIZABETH MARTIN 6620 ARLINGTON CT CHANHASSEN MN 55317 E SAMUEL CHASE III 6621 ARLINGTON CT CHANHASSEN MN 55317 TODD W & TERESA E DECKARD 6611 ARLINGTON CT CHANHASSEN MN 55317 JOHN P & BARBARA J SPIESS 6610 ARLINGTON CT CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 CHRISTOPHER SCOTT EIMAN 1206 LAKE LUCY RD CHANHASSEN MN 55317 MICHAEL A WANNER & SCOTT HEGEL 1180 LAKE LUCY RD CHANHASSEN MN 55317 JEFFREY ROBERT SMITH & CAROLYN WELDON SMITH 6601 ARLINGTON CT CHANHASSEN MN 55317 SYLVESTER & MARY ROERICK 6600 ARLINGTON CT CHANHASSEN MN 55317 CHARLES E & LAURAL R JOHNSON 1100 LAKE LUCY RD CHANHASSEN MN 55317 NICHOLAS M & JUDY A JACQUES CITY OF CHANHASSEN 1214 LAKE LUCY RD C/O BRUCE DEJONG CHANHASSEN MN 55317 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 ,AVERY® Address Labels Use template for 51600 JON G & LAURIE P STECKMAN 1215 LAKE LUCY RD CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 PETER J & CYNTHIA L MILLER 6605 MULBERRY CIR E CHANHASSEN MN 55317 PAUL D & ANNE M KAPSNER 6635 MULBERRY CIR E CHANHASSEN MN 55317 KEVIN L ANDVIK & TONETTE F CLINE-ANDVIK 6606 MULBERRY CIR E CHANHASSEN MN 55317 DUANE H & MONA R UDSTUEN 6636 MULBERRY CIR E CHANHASSEN MN 55317 LESTER F III & JUDY L BOLSTAD 1101 LAKE LUCY RD CHANHASSEN MN 55317 ROBERT MYRON AHRENS JR & PATRICIA M AHRENS 1081 LAKE LUCY RD CHANHASSEN MN 55317 THOMAS K & ANNE H MCGINN 1121 LAKE LUCY RD CHANHASSEN MN 55317 SCOTT J & JESSICA FREDRICKSON 6681 POWERS BLVD CHANHASSEN MN 55317 Laser 5160® Smooth Feed SheetsTM DAVID M & COLLEEN B RONNEI 6666 MULBERRY CIR E CHANHASSEN MN 55317 DAVID F SMITH & LAURA L FRANZEN-SMITH 5770 KELSEY DR EXCELSIOR MN 55331 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 LAYTON B & MADELYN L PAINE 1092 SHENENDOAH CIR CHANHASSEN MN 55317 JEFFREY N & MELISSA A ELDER 6696 MULBERRY CIR E CHANHASSEN MN 55317 STEVEN J & DEBORAH MANNING 6687 MULBERRY CIR E CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 PAUL A & SHERYLL A KREUTER 1090 CARVER BEACH RD CHANHASSEN MN 55317 ROBERT R & ETHELYN CHRISTENSEN BRUCE & JULIE MAYER 6648 POWERS BLVD 6693 MULBERRY CIR E CHANHASSEN MN 55317 CHANHASSEN MN 55317 LAWRENCE & KATHLEEN KERBER 6420 POWERS BLVD CHANHASSEN MN 55317 JENNIE A HAYS 6691 POWERS BLVD CHANHASSEN MN 55317 RICHARD C ERSBO 6665 MULBERRY CIR E CHANHASSEN MN 55317 ROBERT E & DIANE L MARTINKA 6650 POWERS BLVD CHANHASSEN MN 55317 MICHAEL J CUCCIA & MARGARET J CUCCIA 6722 POWERS BLVD CHANHASSEN MN Use template for 51600 ANDREW B & SUSAN L AKINS 6699 MULBERRY CIR E CHANHASSEN MN 55317 DAVID P SMITH & JULIA A SIMENSON-SMITH 6724 POWERS BLVD CHANHASSEN MN 55317 RUSSELL G KOHMAN 6730 POWERS BLVD CHANHASSEN MN 55317 KEVIN L & JULIE A GRAFFT 6726 POWERS BLVD CHANHASSEN MN 55317 WILLIAM & JULIEANN INFANGER 6740 POWERS BLVD CHANHASSEN MN 55317 PALLAR NGEP & CHANTHAN HOUR 6770 CHAPARRAL LN 55317 CHANHASSEN MN 55317 CAROL J EGYHAZI 6720 POWERS BLVD CHANHASSEN MN 55317 ROY R & JACQUELINE B ANDERSON 6695 MULBERRY CIR E CHANHASSEN MN 55317 RUSSELL J & BONNIE G SIAKEL 6703 MULBERRY CIR E CHANHASSEN MN 55317 MATTHEW G & LISA L KLING CITY OF CHANHASSEN 6683 MULBERRY CIR C/O BRUCE DEJONG CHANHASSEN MN 55317 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 OAVERY® Address Labels REMIGIJUS KLYVIS 6780 CHAPARRAL LN CHANHASSEN MN 55317 JEFFREY W & LAURA A BROS 6771 CHAPARRAL LN CHANHASSEN MN 55317 STEVEN L & PATRICIA A PAUL 1031 CARVER BEACH RD CHANHASSEN MN 55317 WILLIAM R & JEAN K TOUPIN 6781 CHAPARRAL LN CHANHASSEN MN 55317 Laser 51600 ®091s Jasel JAMES P MANDERS 6791 CHAPARRAL LN CHANHASSEN MN 55317 BRENT & KARLA WENNERSTROM 6790 CHAPARRAL LN CHANHASSEN MN 55317 GERALD A JR & DENISE M FEDIE 6800 UTICA CIR CHANHASSEN MN 55317 ROBERT JBOE 6801 UTICA CIR CHANHASSEN MN 55317 MATTHEW H & SANDRA L HARDY 6800 CHAPARRAL LN CHANHASSEN MN 55317 slagel ssajppy m09is joj aleldwaa ash w, SlaaUS Daa.I Ul00wc MY OF 7700 Markel Boulevard PO Bax 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone. 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952 227 1160 Fax: 952.227 1170 Finance Phone: 952.227.1140 Fax 952.2271110 Park & Recreation Phone. 952.221.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www ci.chanhassen. mn.us MEMORANDUM TO: Sharmeen Al-Jaff, Senior Planner FROM: Todd Hoffman, Director of Parks and Recreation DATE: July 30, 2003 SUBJ: Preliminary Plat; Burlwood I have reviewed the proposed plat for Burlwood Addition to determine if park and trail services for these future residents are currently available. My comments only address park and trail services. Any need for pedestrian sidewalks should be addressed by others. PARKS This property lies within the neighborhood park service areas of both Curry Farms Park and Carver Beach Park. TRAMS Two segments of the City's Comprehensive Trail Plan are located near this property. The first is an on -street trail located along both the eastbound and westbound lanes of Lake Lucy Road. The second is an off-street 8 ft. wide bituminous trail located on the east side of Powers Boulevard. This is across the street from the subject plat. The best crossing location for pedestrians is at the intersection of Powers Boulevard and Lake Lucy Lane. RECOMMENDATION With these public services in place, I am not recommending any additional public park or trail services be constructed as a part of this subdivision. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. The C ity of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. MEMORANDUM TO: FROM: DATE: SUBJ: Shannin AI-Jaff,Senior Planner Steven Torell, Building Official August 6, 2003 Site Plan review for: Burlwood, Revised Planning Case: 2003-12 SUB I have reviewed the plans for the for the above development and have the following conditions: 1. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 2. Each lot must be provided with a separate sewer and water service. 3. Demolition permits must be obtained before demolishing any structures. 4. The homes located at 6648 and 6650 Powers Blvd. will require address changes as they will be accessed from a different street. G/safety/st/memos/plan/Bu lwood 2 0 CITY OF CUMNSEN 7700 Markel Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.11 DO Fax: 952 227.1110 Building Inspections Phone: 952.227.1180 Fax 952.227.1190 Engineering Phone. 952.227.1160 Fax 952.227.1170 Finance Phone: 952.227.1140 Fax 952227 1110 Park A Recreation Pnone: 952.227.1120 Fax: 952.2271110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning A Natural Resources Phone. 952 227,1130 Fax 952,227 1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassenmn. us MEMORANDUM TO: Sharmeen Al-Jaff, Senior Planner FROM: Matt Saam, Assistant City Engineer / DATE: September 3 29, 2003 SUBJ: Preliminary Plat Review of Burlwood (Kerber Property) Land Use Review File No. 03-16 Upon review of the plans dated August 15 September 29, 2003, prepared by Ryan Engineering, I offer the following comments and recommendations: GRADINGIDRAINAGE/EROSION CONTROL • The grading plan needs to be revised along the east side of Lot 6, Block 1 to avoid trapping stormwater against the respective housepads. • The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. • It is unclear from the plans how the applicant is proposing to handle the stormwater from the temporary cul-de-sac at the south end of the project. Additional information and detail must be added to the plans to address this. • The applicant is proposing an outlet overflow point to control the discharge of water from the proposed pond. This is inconsistent with current City specifications and past practice. Staff is recommending that an outlet control structure be installed to control the water discharge rate from the pond. Further, staff is recommending that a storm sewer line be constructed from the pond outlet to Lake Lucy Road and west, approximately 350 feet, to an existing storm sewer line in Mulberry Circle. An underground detention system has been proposed to control the drainage from the south half of the site. This would be the Fust such system in the City; however, they have been used in other metro cities such as at the new Cub Foods on Highway 7 in Shorewood. Staff is gathering information from other cities regarding maintenance of these systems which act as underground ponds contained within large diameter pipes. Staff is willing to allow this type of stormwater system due to the unavailability of ponding sites in the area. • A storm sewer stub must be extended to the south to handle drainage from the future cul-de-sac, just south of the site. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. Agieat place to live, work, and play. Sharmeen Al-Jaff September -5 29, 2003 Page 2 • The damaged portion of the existing storm line that goes through Lot 1, Block 2 must be replaced and connected with the proposed street storm sewer. • A minimum 20 -foot wide public drainage and utility easement is required over the existing ditch/drainage way on the Martinka property. Erosion control measures and site restoration shall be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends that a rock construction entrance be shown on the plans in accordance with City Detail Plate No. 5301. UTILITIES • According to City as -built plans, all of the proposed lots have both sewer and water stubs except Lot 6, Block 1. • There is already an existing sanitary sewer line in the area of the temporary cul-de-sac. As such, the proposed sewer line can be deleted. • The proposed watermain must be extended to the south property line for future looping purposes. • Sanitary and water services shall be extended to the west property line for future development of the neighboring parcels. • The underlying parcel has been previously assessed for five utility units and those assessments have been paid. Since the applicant is now proposing more units than what was previously assessed, the one additional unit will be charged a watermain and sanitary sewer lateral connection charge at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. Public utility improvements will be required to be constructed in accordance with the City s latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the Sharmeen Al-Jaff September 3 29, 2003 Page 3 appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. STREETS The applicant's street layout follows a previous Council approved layout for this property and the street connection with Golden Glow Court to the south. Staff would prefff to see is recommending that the entire street and cul-de- sac be installed with this project instead of the temporary cul-de-sac that is proposed.14ewever due to the LgEistenee e f a private d five.. ay easement is meemmending Since the applicant has a signed agreement with the adjacent land owners to dedicate the necessary right-of-way, there is no reason that the full street should not be built. Upon completion of the full street and cul-de-sac, the existing private street, which serves Lots 3 and 4 of Golden Glow and the Rohman/Infanger parcels, would access onto the new public street and not Powers Boulevard. Lot 1 of Golden Glow would, however, continue to access Powers Boulevard through its existing driveway. If the full street and cul-de-sac is not built at this time, then a financial security must be supplied to the City to cover the cost of the future street extension and removal of the existing private street to the south. This is in line with the Golden Glow Acres development contract which required the street to be extended with the development of the Kerber property. Lake Lucy Road is designated as a collector road in the City's Comprehensive Plan and Code Book. Collector roads require 80 -feet of right-of-way or 40 - feet on each side of the roadway centerline. As such, additional right-of-way will need to be platted to achieve a total of 40 -feet from the centerline of Lake Lucy Road. The developer will be required to pave the portion of the existing neighbors' driveways that are within the subject property as per City ordinance. A private driveway easement will also be required for the shared portion of the driveway. In addition, any shared portion of the driveway must be constructed to a 7 -ton design. The developer will be required to provide inspection reports verifying this. RECOMMENDED CONDITIONS OF APPROVAL 1. Show all of the proposed and existing easements on the preliminary plat. Sharmeen Al-Jaff September 3 29, 2003 Page 4 2. On the grading plan: a. Add a rock construction entrance per City Detail Plate No. 5301. b. Revise the grading on the east side of Lot 6, Block 1 to prevent trapping water near the housepads. c. Show new ditch grades in the areas where driveways will be removed. d. Show the proposed contours for the berms along Powers Boulevard. e. Show all existing and proposed easements. f. Add a benchmark to the plan. 3. On the utility plan: a. Show all proposed and existing utility easements. b. Show all existing utilities and services in the area. Also, call out the pipe type, manhole numbers, and rim/invert elevations for all existing and proposed utilities. c. Add streetlights at the intersection of Powers and the new street. 4. All of the existing driveway entrances to the property from Powers Blvd. must be removed during construction. 5. A driveway culvert is required under the proposed street entrance to the site. A Carver County permit will also be required. 6. An outlet control structure is required for the proposed pond per City Detail Plate No. 3109. Also, install a storm sewer line from the pond outlet to Lake Lucy Road and west, approximately 350 feet, to an existing storm sewer line in Mulberry Circle. 7. Revise all slopes that exceed 3:1 or install a retaining wall. 8. A temporary easement is needed for the portion of the cul-de-sac that is outside of the proposed right-of-way. 9. All final construction plans must be signed by a professional engineer registered in the State of Minnesota. 10. Any work outside of the subject property or right-of-way will require temporary easements. Sharmeen Al-Jaff September 5 29, 2003 Page 5 11. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. 12. The applicant has submitted drainage calculations for the site; however, additional information is still needed. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10 -year, 24-hour storm event. 13. Draintile will be required in back of the curb on the public street. 14. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 15. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 16. The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. 17. Private easements are required for the existing and proposed services to neighboring parcels that are outside of the right-of-way. 18. A 30 -foot wide private driveway easement is required for the private drive which serves Lots 1-4, Bl. 1. In addition, the driveway must be constructed to a 7 -ton design. The developer will be required to provide inspection reports verifying this. 20. Vacate the existing public utility easement in the area of the new street. 21. Additional information and detail must be added to the plans to show how the stormwater from the temporary cul-de-sac will be handled. 22. A public drainage and utility easement is required over the proposed pond. Sharmeen Al-Jaff September 3 29, 2003 Page 6 23. A watermain and sanitary sewer lateral connection charge will be due for Lot 6, Bl. 1 at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. 24. A financial security must be supplied to the City to cover the cost of the future street extension and removal of the existing private street to the south. 25. Additional right-of-way will need to be platted to achieve a total of 40 -feet from the centerline of Lake Lucy Road. 26. The existing gravel driveway to the neighboring parcels must be maintained until the new street is graded in and curb is installed. 27. A storm sewer stub must be extended to the south to handle drainage from the future cul-de-sac, just south of the site. 28. The damaged portion of the existing storm line that goes through Lot 1, Block 2 must be replaced and connected with the proposed street storm sewer. 29. The proposed watermain must be extended to the south property line for future looping purposes. 30. Sanitary and water services shall be extended to the west property line for future development of the neighboring parcels. 31. The developer is required to pave the portion of the existing neighbors' driveways that are within the subject property as per City ordinance. A private driveway easement will also be required for the shared portion of the driveway. In addition, any shared portion of the driveway must be constructed to a 7 -ton design. The developer is required to provide inspection reports verifying this. 32. A minimum 20 -foot wide public drainage and utility easement is required over the existing ditch/drainage way on the Martinka property. 33. The entire public street and cul-de-sac must be installed with this project. g:kngNprojmts%urlwoodVevised pprldm CITY OF 2. A 10 -foot clear space must be maintained around fire hydrants, Le, street lamps, CIIMSEN trees, shrubs, bushes, Qwest, Excel Energy, Cable TV and transformer boxes. Fax: 952.227.1310 MEMORANDUM 7700 Market Boulevard by firefighters. Pursuant to Chanhassen City Ordinance 9-1. PO Box 147 TO: Sharmin Al-Jaff, Senior Planner Chanhassen, MN 55317 Administration FROM: Mark Littfin, Fire Marshal Phone: 952.227.1100 feet. Pursuant to Uniform Fire Code Section 503.2.1. Fax: 952227.1110 DATE: July 28, 2003 Building Inspections Phone: 952.227.1180 SUBJECT: Preliminary plat to re -plat a 3.63 acres into nine Fax: 952.227.1190 single family lots with variances, and a wetland Engineering alteration permit, Burlwood, Epic Development, Phone: 952.227.1160 LLC, located at the southwest intersection of Lake Fax: 952.227.1170 Lucy Road and Powers Boulevard. Finance Phone: 952.227.1140 Planning Case: 2003-12 SUB Fax 952.227.1110 Park & Recreation I have reviewed the preliminary plat for the above project. In order to comply with the Phone, 952 227.1120 Chanhassen Fire Department/Fire Prevention Division, I have the following fire code Fax: 952.227.1110 or city ordinance/policy requirements. The plan review is done based on the available Recreation Center information submitted at this time. If additional plans or changes are submitted, the 2310 Coulter Boulevard appropriate code or policy items will be addressed. Phone: 952.227.1400 Fax: 952.227.1404 1. Three additional fire hydrants will be required. One at the intersection of Lake Planning & Lucy Road and the driveway serving Block 1; one at the end of the driveway Natural BB80e13 . Phone952227.111300 serving Block 1 and one at the intersection of County Road 17 and the road Fax: 952.227.1110 serving Block 2. Public Works 2. A 10 -foot clear space must be maintained around fire hydrants, Le, street lamps, 1591 Park Road Phone: 952.227.1300 trees, shrubs, bushes, Qwest, Excel Energy, Cable TV and transformer boxes. Fax: 952.227.1310 This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. Senior Center Phone: 952227:125 Fax: 952227.1110 3. Fire apparatus access roads shall have an unstructured width of not less than 20 feet. Pursuant to Uniform Fire Code Section 503.2.1. Web She wwwd chanhassen mn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A gieal place to live, work, and play. Sharmin Al-Jaff July 28, 2003 Page 2 4. Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Submit tum around dimensions to City Engineer and Fire Marshal for review and approval. Exception: The Fire Marshal is authorized to increase the dimension of 150 feet (45720 mm) where: 1. The buildings are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Fire Code. 5. Block I and 2 — Streets will be required to have street names. Submit names to Chanhassen Building Official and Fire Marshal for review and approval. 6. No burning permits will be issued for tree/brush disposal. Any trees removed must be removed or chipped on site. gAsafety\ml\plre 2003-12 THOMPSON&THOMPSON July 25, 2003 Ms. Sharmeen Al-Jaff City of Chanhassen 7700 Market Boulevard Post Office Box 147 Chanhassen, Minnesota 55317 RE: Richard Ragatz Development 6700 Powers Boulevard My Client: Robert Martinka My File No.: 1111-1 Phone 952-474-3221 Fax 952-474-2575 My client, Robert Martinka, who lives at 6650 Powers Boulevard has spoken to be me about a proposed development on the adjoining property. He has shown me the Abstract of Title to his property which includes an easement about which he wishes me to advise the city and the developer. There is a permanent easement for ingress and egress described between the Martinka property and Powers Boulevard which crosses the proposed Lot 1, Block 2, the proposed street and the proposed Outlots A and B as shown on Mr. Ragatz' most recent drawings. This easement is perpetual and is not released without the consent of Mr. & Mrs. Martinka and any mortgage lien holder on their property. At the very least, Lot 1, Block 2 will remain encumbered by this easement through the middle of the proposed building site. The Martinkas do suggest an adjustment to the proposed plan which would narrow the east -west portion of the proposed roadway such that Lots 1, 2 and 3 could be 15,000 square foot lots. The narrower roadway would also keep it further away from the Martinka boundary. If such a thirty foot roadway access would have to be a private road, we feel the city would benefit by allowing such a private road if it could avoid substandard lots for Lots 1, 2, and 3. Mr. Martinka is ready to discuss this idea further with the city or with Mr. Ragatz. G A. Tho �on GAT:rks cc: Richard Ragatz Robert Martinka (via facsimile 952-401-3836) JUL u 8 2003 CITY OF CHANHASSEN LAW OFFICE Gary A. Thompson PUP Kay M. Thompson 17717 Highway Seven Minnetonka, MN 55345 •R..] Property Le. Spe Wi t Certified by Minnesota Snte Ber Areodetioo July 25, 2003 Ms. Sharmeen Al-Jaff City of Chanhassen 7700 Market Boulevard Post Office Box 147 Chanhassen, Minnesota 55317 RE: Richard Ragatz Development 6700 Powers Boulevard My Client: Robert Martinka My File No.: 1111-1 Phone 952-474-3221 Fax 952-474-2575 My client, Robert Martinka, who lives at 6650 Powers Boulevard has spoken to be me about a proposed development on the adjoining property. He has shown me the Abstract of Title to his property which includes an easement about which he wishes me to advise the city and the developer. There is a permanent easement for ingress and egress described between the Martinka property and Powers Boulevard which crosses the proposed Lot 1, Block 2, the proposed street and the proposed Outlots A and B as shown on Mr. Ragatz' most recent drawings. This easement is perpetual and is not released without the consent of Mr. & Mrs. Martinka and any mortgage lien holder on their property. At the very least, Lot 1, Block 2 will remain encumbered by this easement through the middle of the proposed building site. The Martinkas do suggest an adjustment to the proposed plan which would narrow the east -west portion of the proposed roadway such that Lots 1, 2 and 3 could be 15,000 square foot lots. The narrower roadway would also keep it further away from the Martinka boundary. If such a thirty foot roadway access would have to be a private road, we feel the city would benefit by allowing such a private road if it could avoid substandard lots for Lots 1, 2, and 3. Mr. Martinka is ready to discuss this idea further with the city or with Mr. Ragatz. G A. Tho �on GAT:rks cc: Richard Ragatz Robert Martinka (via facsimile 952-401-3836) JUL u 8 2003 CITY OF CHANHASSEN BURLWOOD Q TREE INVENTORY 7/18/03 - PAGE 2 NO. S/ZEjT1PE SAVED LOST TRANSPL N0. SIZEIT SAutu LOST FmAi�ZL o 0 644 6" MAPLE X 686 5' ASH k X N 645 6" MAPLE X 687 B" ASH 0 646 8" MAPLE X 688 689 4" ASH X m m 647 8" MAPLE X 64810" MAPLE X 690 12; MAPLE X X 691 12 MAPLE v 649 14" MAPLE X 692 Ln 650 10" MAPLE X 693 12" MAPLE X 651 6" ASH X 694 8" MAPLE X 652 12" MAPLE X 695 14` MAPLE X 653 12" MAPLE X" 654 4" MAPLE X 696 10 ASH X 655 6" ASH X 697 10" ASH X 655 12" MAPLE X 698 12" ASH X 657 6" ASH X 699 12" ASH X 658 10" MAPLE X 700 6" ASH X 659 12" MAPLE X 701 702 4" PINE 6" PINE X X 660 6" ASH X 703 6" PINE X 661 3" ASH X 704 6" PINE X 662 14" MAPLE X 705 6" PINE X 663 18" ASH X 706 6" PINE X707 664 8" MAPLE X 6" PINE X 665 22" ASH X 708 6" PINE X 666 16" ASH X 709 6" PINE X 667 48" PAK X 710 6" PINE X 668 B" ASH X 711 6" PINE X 669 10" MAPLE X X 670 12" ASH X 712 713 6" PINE 6" PINE X 671 12" ASH X 714 6" PINE X 672 12" ASH X 716 6" PINE X 673 12" ASH X 717 6" PINE X 674 6" ASH X 718 6" PINE X m 675 6" MAPLE 676 8" MAPLE X X 719 6" PINE X N 677 10" MAPLE X 720 6" PINE X 0 678 10" MAPLE X 721 6" PINE X m 679 12" MAPLE X 722 6" PINE X X 680 10" MAPLE X 723 6" PINE X 681 6" MAPLE X 724 6" PINE X m 682 6" ASH X 725 6" PINE 683 8" ASH X 726 4" PINE X X 684 6' ASH X 727 728 6" PINE 6" PINE X 685 6" ASH X 0 0 i 0 CD m i N In U) Q m m N 0 m 0 0 m BURLWOOD TREE INVENTORY 7/18/03 - PAGE 3 NO. SIZE E SA VED LOST ILA N,5 -L 729 6" PINE x PINE 730 8" PINE x PINE 731 4" PINE 6" x 732 6" PINE 6" x 733 6" PINE 6" x 734 6" PINE 6" x 735 4" PINE x 6" 736 4" PINE x 779 737 6" PINE x 780 738 6" PINE x 739 8" PINE x 740 8" PINE x 741 8" PINE x 742 B" PINE x 743 4" PINE x 744 B" PINE x 745 6" PINE x 746 6" PINE x 747 12" PINE x 748 10" PINE x 749 6" PINE x 750 8" PINE x 751 10" PINE x 752 14" PINE x 753 6" PINE x 754 6" PINE x 755 6" PINE x 756 4" PINE x 757 6" PINE x 758 6" PINE x 759 6" PINE x 760 B" PINE x 761 6" PINE x 762 6" PINE x 763 6" PINE x 764 10" PINE x 765 6" PINE x 766 6" PINE x 767 6" PINE x 768 6" PINE x 769 6" PINE x 770 6" PINE x No. SrZc/ E 771 6" PINE 772 4" PINE 773 8" PINE 774 6" PINE 775 6" PINE 776 6" PINE 777 6" PINE 778 6" PINE 779 6" PINE 780 6" PINE A VED LOST 7R,4/VSPI TOTAL CALIPER INCHES ON SIZE TOTAL CALIPER INCHES SAVED TOTAL CALIPER INCHES LOST 1814 1373 (76x) 441 (24x) x x X X x x x x x x TOTAL CALIPER INCHES ON SIZE TOTAL CALIPER INCHES SAVED TOTAL CALIPER INCHES LOST 1814 1373 (76x) 441 (24x) Planning Commission Meeting — September 16, 2003 PUBLIC HEARING: PERMTr. LOCATED AT THE SOUTHWEST INTERSECTION OF LAKE LUCY ROAD AND POWERS BOULEVARD, BURLWOOD ADDITION, EPIC DEVELOPMENT, LLC. Public Present: Name Address Laurie & Jon Steckman 1215 Lake Lucy Road David Smith 6645 Mulberry Circle East Bob Martinka 6650 Powers Boulevard Mike Cuccia 6722 Powers Boulevard Kent Kelly 6539 Gray Fox Curve Bob Christensen 6648 Powers Boulevard Larry & Kathy Kerber Powers Boulevard Rich Rogatz 3441 St. Paul Avenue, Minneapolis Perry Ryan 430 Lafayette Avenue, Excelsior Kevin Graffi 6726 Powers Boulevard Sharmeen AI-Jaff presented the staff report on this item. Slagle: Your last drawing you showed I think, is it Kohman and Infanger? Al-Jaff Yes. Slagle: Could subdivide their lots to additional properties... AI-Jaff: Yes. Slagle: Okay. So basically if that was the case, if you go back to your Option B. If you went back to Option B or Option C, did those take into account the additional two homes or do they assume right now that Kohman and Infanger, if that's how you pronounce it. If not I apologize. It only looks like there's two lots that. Al-Jaff: Correct, and I don't know how viable this option is any more only because this parcel has been platted. Slagle: Okay. Okay, so. AI-Jaff: Youhave aneckIotoraflag ]othere, anditdoesnotaHow forthesubdivisionof Kohman and hrfanger's properties. Slagle: So it might be, for our purpose tonight, assume that they probably won't subdivide, or can't any further. Those two lots. A]-Jaff: Under scenario E, Option E, because that's what was adopted by the City Council, they will be able to. 9EI Planning Commission Meeting — September 16, 2003 Sacchet: Well, let me clarify. I mean the way I understand it from the staff report, this is history. Option E was adopted. Is basically where we're at. That's the foundation we're working from. The rest is just a story. I mean that doesn't have any bearing on our considerations here tonight, isn't that? Al-Jaff: That's correct. I just wanted to tell you how we got to this point. Sacchet: Right, and I think that's important for everybody. Al-Jaff: And from a policy standpoint, we've amended our ordinances. Private streets. Neck lots. All of these are variances. Sacchet: So with the Option E they have the possibility to subdivide those two lots that you've shown us? So that's not really a point for discussion is it? Al-Jaff: With Option E? Sacchet: Yes. AI-Jaff: Kohman, Infanger can subdivide. Sacchet: And that's what the current situation is. Al-Jaff: Correct. Sacchet: Okay. Slagle: That will be 14 and 17. Okay. So my question is this, the Chair is obviously correct in that Option E is the only thing we're looking at. I just want to be clear. Al-Jaff: Correct. Slagle: The City Council approved this option that has in essence 4 private. Sacchet: We don't have any legal over that. Slagle: I understand. I'm just, I mean. Al-Jaff Now remember, this was approved back in '95-96. And this is the basis that we were working off of, and this is the direction that we gave the applicant. Slagle: Okay. Sacchet: Did you have something too Bruce? Feik: Yes, Option E, I want to clarify something that I'm seeing here. On Option E the private lot which goes to the north which goes to Lake Lucy Road, on the plans I've got they show access onto Powers inbetween Lots 3 and 4. Does your plan show that as well? Saam: I could clarify that. That's not an access. It's meant as a partial hammerhead tum around. So it won't actually connect into the Powers Boulevard pavement. 31 Planning Commission Meeting— September 16, 2003 Feik: Okay, that was my question, thank you. Sacchet: Oh it doesn't connect? Saam: No, it's not proposed to. Sacchet: Okay. Well that's important to know. Saam: Just the tum around for the private street. Feik: That was my only question, thank you. Sacchet: Alright, you want to go on Sharmeen please. Al-Jaff: So as part of the Golden Glow Acres, we, Mr. Ravis dedicated the right-of-way for the bubble of the cul-de-sac right here. The intent was to facilitate the future construction of the street. If this street was built, this private street would then be closed off. Traffic would be redirected to the bubble of the cul-de-sac and then out to Powers Boulevard. Sacchet: Including that house between the cul-de-sac and Powers? Al-Jafi That's the intent. Sacchet: So that house that's currently accessing to the east would then access to the west. Al-Jaff: Correct. This is what it would end up going. Sacchet: Alright. Just to clarify that. Thanks. Al-Jaff: And again, this was for safety reasons. Sacchet: And that was decided, that foundation that they're building from. Al-Jafi There are conditions of approval on the Golden Glow Acres that reflect that basically if the cul-de-sac is built, that this would be closed off. Sacchet: And is it accurate to assume that when this discussion happened, the then residents of those parcels that we're actually looking at tonight, had their involvement, every possibility to be involved as much as they wanted in that decision, correct? Al-Jaff: Now, please bear in mind that the only people that remain from the original group are Mr. and Mrs. Infanger, Mr. Kohman, Mr. and Mrs. Kerber. Everyone else is new. Sacchet: Is new. But nevertheless, these agreements were a part of the public record that were made at that point. Al-Jaff: Correct. Sacchet: Okay. 32 Planning Commission Meeting — September 16, 2003 AWaff. And when this was happening, the only individual we were working with was Mr. Ravis who resided right here. Slagle: Is it true that he is, if I read right, he has sold that property? Al-Jaff: Yes. Long gone. Sacchet: Okay. Continue please. Sharmeen AI-Jaff continued with the staff report on this item. Sacchet: Questions from staff. Who wants to start? Kurt, do you want to start? Papke: One clarification on the change to item 11, and the item 11 itself. What's the rationale for closing that during construction? Saam: It is a county road there, Powers Boulevard. They want to limit direct accesses off of a county road, so with the development of this, there's no need for that gravel driveway, so we want to just have a condition saying that with the development it's got to be closed. That's the only reasoning. Sacchet: Rich, no questions? Bethany? Tjornhom: Just for my own interest. What kind of outlet structure is needed to control the water discharged from the pond? What does that mean? Saam: It's basically a man hole with two different holes in it to let the water in, and they're at different elevations and those elevations control then ormal water level of a pond. Basically where the water's going to be in the pond. And it's something with every development that we require as a standard item. Tjomhom: Okay, that's it. Sacchet: Bruce. Feik: Wetland. I did not see that these were being replaced at a 2:1 ratio. AI-Jaff: They are under, they have to, that's state law. Well if you look on page 18, condition number 1. When it says wetland replacement shall occur in a manner consistent with Minnesota Wetland Conservation Act and the number, that's what. Feik: And this would qualify for 2 to 1? Okay. That was my only question, thank you. Al-Jaff: I don't think Lori would let that one go by. Sacchet: Quick additional questions. Like we've seen there's a new letter here from the Martinka's. The Martinka's. I was just wondering with that temporary cul-de-sac being built, would the Martinka's also access that temporary cul-de-sac? Is that something that's been looked at? Al-Jaff: It's a public right-of-way 33 Planning Commission Meeting — September 16, 2003 Saam: I would guess since the private, their existing private driveway is going to remain with this plan, they would access their site off of that. But they certainly have the right to go on the public right-of-way. However it wasn't going to be paved. There was not going to be a paved connection between the existing private driveway and the new public cul-de-sac. Do you follow that? Sacchet: Okay. So they could potentially keep their current access... Saam: Yes, that was the plan. That was the plan. Sacchet: ...pretty much parallel to the cul-de-sac, which yeah I mean they're in their rights for doing that. Couple of other engineering things Matt. Bethany touched on the water, storm water situation. It talks about the infrastructure downstream from the culvert being kind of lacking or not quite there enough, could you tell me a little bit more about that? Saam: I'm sorry, I didn't follow you. The infrastructure downstream from what? Sacchet: Yeah, presently there's an old public storm water infrastructure downstream from the culvert. I'd like to understand that a little more. Saam: Maybe I can clarify this showing you the overall area. Let's just zoom in on this. Maybe a little more Nann. Thank you. Here's the site, and there's proposed pond basically right there. Our nearest existing storm sewer is down here. Basically at the comer of that street. Mulberry Circle I believe it is. We have no storm sewer along Lake Lucy Road between that catch basin at the street and the Kerber property. So what we're proposing as a condition and what's in the staff report is to put that outlet control structure in the pond and basically pipe from the pond in our right-of-way down, and let them connect into that existing catch basin. Sacchet: Okay, that's good to know. Matt, it also talks about storm water from the temporary cul-de-sac. Where would that go? Is there an idea of what happens with that? Saam: That's something that we need to discuss more with their engineer, myself and Lori and ... but yeah, it's basically the storm water coming off this temporary cul-de-sac. We don't see a n eed f or them t o b uild a b ig p and just for t his I ittle s treet at this time. N ow w hen t his a 11 develops, and I think Lori added something in the staff report that we'll work with the developer and the existing property owners to look at a long term solution to the storm water. Sacchet: Okay. And then it talks about additional right-of-way might be needed on the north side for Lake Lucy. Does that have an impact at all at the current plat? With the lots. Does it accommodate this? Saam: A little bit but I think we've solved it. What I'm referring to is up here on Lake Lucy Road. As other sites to the west have developed, Lake Lucy Ridge, Ashling Meadows, some other ones that developed before you all were on the Planning Commission, we acquired additional right-of-way along Lake Lucy. Lake Lucy's a collector road. By code we need 80 feet of right-of-way there so with development, if we're lacking in right-of-way, we obtain additional right-of-way as the properties develop. So what we're requesting, I believe there's about 33 feet of right-of-way there now. So if you cut the road in half, half of 80's 40 so we're requesting an additional about 7 feet so we'll have 40 feet of right-of-way there. And how that, the implication to the plat is that all these lots are pretty much at the minimum for width and everything so what 34 Planning Commission Meeting — September 16, 2003 we're proposing to do is just slide this street down the 6 to 7 feet that we would need in order to gain the right-of-way here. The street would be just off set Imean by 5-6 feet from existing Shenandoah Circle. We believe we can live with that. It's not 30 feet or 100 feet. It's basically right across the street. Sacchet: So you would shift the whole thing south? Saam: Yes, that's what we'd propose to do. Sacchet: Okay. Saam: Let me just point out, that way the applicant wouldn't lose any lots. Sacchet: Okay. Otherwise it would have an impact. Saam: Potentially, yeah. Sacchet: Okay. The trees. The trees. The dear trees. That's a little fuzzy in this proposal. I mean if the staff report says some of the trees were counted actually are not really on the property, but then on the other hand it looks like it was recalculated. Basically to come up with the number of how many trees need to be replaced, so staff is satisfied with that? AI-Jaff: Yes. Sacchet: As a condition number 2, minimum of 3 overstory trees shall be required in front of each of these lots. These lots are not that huge. Is there enough room for a driveway and 3 trees? Without crowding them, we think there is? Al-Jaff: According to the city forester. Sacchet: According to the city forester, okay. Okay we addressed this one. I think that's my questions. Thank you very much. With that, would the applicant want to come forward and address us please. State your name and address for the record and let us know what you have to say please. Rich Ragatz: Rich Ragatz, 3441 St. Paul Avenue, Minneapolis. And I would like to start out again, I'm going to have to give a little history of things in a minute here but I've been working with Larry and Kathy Kerber on this 5.17 acres since April and I think before we get into the specifics of the development and why I think it's something that should be approved, I wanted to get into the history so you can understand why we're at this point on a relatively small site like this, doing two phases. So I guess to start out with the history. I've been working with Sharmeen and Matt, as she said since April, and went in there and talked to them several times and had several different proposals that I brought forth and each time I was pretty much shot down because there's two main things that we have to do here. We have to, safety's a big issue and the second one is you have to allow the two people on the southern part of the development, the ability to subdivide in the future and you can't do, you can't have more than 4 lots off of a private drive so that's one of the big issues. And then the second is the safety concern. Rather have traffic coming off of a 31 foot improved public street versus a 20 foot private drive, so we tried to come up with some different options on that but it all came back to Option E and I think in the end that is the best thing for this area. So then starting out early on, in April and June I called all the adjacent property owners and just let them know that I was going to be the property owner W Planning Commission Meeting — September 16, 2003 that's going to move forward and work with the Kerber's on development of this site, and left my name and number and if they had any questions or comments, to please feel free to call me. Then it moved onto July and I started to show some of the plans that we've come up with and I can start out with the fust plan here. And this plan is the July 3rd plan. It shows right here. We're connecting with the existing cul-de-sac that was platted back in '96, and the 50 foot right-of-way and just a little portion of the property, there's a right-of-way and just a very, very small portion would be on Martinka's property. Sacchet: If I could ask you to go relatively quickly through the history, because we have another applicant and there are people here that would like to address that so, if you could mainly focus on the actual current proposal, I would appreciate that very much. Rich Ragatz: Oh, and not go into the history. Sacchet: Well you can touch on it but what I'm asking you is if you could just really summarize the history part please. Rich Ragatz: Okay. Okay, that's fine. Sorry about that. We went through several different alternatives and I guess we went through the alternatives because we were trying to be, work with everybody so this would be a win/win situation for everybody but based on the '95-96 Option #E that was adopted by planning and council, the only way to move forward and develop this is to get the Martinka property to work with us and, met with him several times. We had a neighborhood meeting and showed him plans and tried to work with him and in the end I really never understood w hat h e w anted, and I a sked h int s everal times and he n ever c ame up with anything and you know I have some time constraints. I'm working with the Kerber's, contractual obligations and we wanted to move forward with w hat we thought was the b est plan and let planning and City Council take a look at it. So we went through a couple different renditions and in the end we think this proposal here that has the temporary cul-de-sac and doesn't impact anything in the easement is the way to go and I'm willing and would love to work with everybody to get this thing finally connected to the easement that was done in '96. So I guess I was going to touch on some other things but I think I'll just get to the meat of the. Sacchet: If you would, I think that would be appreciated. Rich Ragatz: Alright. All the lots in the development are 15,000 square foot minimum lots. They all have at least 90 foot frontage and 134 feet deep or more. The average about 18,000 square feet. We're only asking for one variance for a private drive and that's mainly to save the mature trees. There's two oak grove, burl oaks on the site and several other mature trees on the western property boundary and if we were to put a cul-de-sac in that way, it would really destroy the trees and ruin the natural features of the site. So secondly, also looking at mitigating the wetland which is 5,963 square feet because it's a type I wetland. It's basically a muddy hole with reed canary grass and if we were to put homes in there, the people that live in the homes would probably mow that. Fertilize it. It wouldn't act or look like a wetland so it's probably best to move it off the site. So what I'm looking to do also is custom grade the site and I wanted to clarify that if we were to custom grade I think we could do a little more in terms of tree preservation for this. And we're looking to build the road as close to the easement as possible and eventually extend it if we could. And this would be the first addition and as a part of it, we'd be deeding Outlots A and B and the future road and right-of-way for the second addition, and I'd be delighted to move forward with the entire thing as soon as everybody else is willing to move forward on it too, and I thank you for your time and look forward to your feedback. 36 Planning Commission Meeting — September 16, 2003 Sacchet: Thank you very much. Question from the applicant. Commissioners. No questions from the applicant? One quick question. You mentioned the custom grade, is that part of the current application in front of us or is that a change to the current? The way you were talking. Al-7af. . It is not. Right now it's mass graded. Sacchet: Okay. So you're proposing that rather than mass grading you'd rather do custom grading? Rich Ragatz: Yeah, custom grade it and then work with the city if we can save more trees then it's better for everybody. Sacchet: And apparently there was not a disagreement but a difference in counting of the trees, the canopy cover. Has that been resolved between staff and the applicant and you? Rich Ragatz: Yes it has. Sacchet: It has, okay. So you're basically concurring with the numbers that staff put into the staff report at this time? Rich Ragatz: I think, generally we are. Yeah. Sacchet: Well, okay. Well that's good enough for me. Okay, thank you very much. Slagle: Chair, I do have a couple. Sacchet: Commissioner Slagle go ahead. Slagle: If I may. Can I ask, you made reference on a couple times in your presentation of the Martinka's, if that's how you pronounce it. That you just couldn't work it out. Is there a simple explanation as to what you needed from them? Rich Ragatz: Well according to the '95-96 resolution that was adopted, the only way to connect to the cul-de-sac is to have some right-of-way and a portion of the road, a very minor portion on his property and since his property's affected by the development, he'd have to sign the development application. Slagle: So was that a small parcel of land, safe to say? Rich Ragatz: Yes. Sacchet: It's the little comer. Slagle: With the cul-de-sac. Sacchet: That little comer there, yeah. Slagle: Okay. And then the last question, pertaining to maybe the property you used to own, if I understand it. What I'll call the, how do you pronounce his name? Rich Ragatz: Egyhazi. 37 Planning Commission Meeting — September 16, 2003 Slagle: Yes. Under proposal E, we're working with, are they connecting, is their driveway on Powers, is that what it's going to be? A]-Jaff: There's an existing private street. Slagle: Correct. I just want to make sure I'm not getting confused here Sharmeen. That that is not going to be closed. Okay, but you made the comment future development, they will close that and they will have to go through the cul-de-sac. Al-Jaff: Correct. Slagle: ...from some folks that that maybe wasn't what was thought, so I want to make clear that they're going to go around their house, even though their house faces Powers. They're going to drive around the back end of their house. Saam: The whole point Commissioner Slagle with that one is to close that access to Powers. Slagle: I understand but I just want to make sure that that property owner's fully. Saam: And I wasn't around when that was adopted, Sharneen was, but from everything I've read and from what Sharmeen's brought me up to speed on that, that's been the intention all along. Slagle: You believe that that property owner knows that that will. Rich Ragatz: They're well aware of that, yeah. Sacchet: Thanks Rich. Bruce. Feik: One quick thing. In going forward the Martinka's will access Powers how? Rich Ragatz: Well they'll currently have the existing access. Feik: They have a current gravel road I believe. Rich Ragatz: Gravel road that goes through. Feik: And that will continue? Rich Ragatz: Well it will continue or they can use the new improved street and just have a gravel road from there. Feik: Okay, thank you. Al-Jaff: Our preference is to limit the number of access points onto Powers Boulevard. Sacchet: Could we ask, could the city ask them to use that temporary cul-de-sac? Saam: Sure, I guess we could but they have an existing easement off what will be Rich's... Sacchet: Whether it makes sense or not, yeah. EE Planning Commission Meeting — September 16, 2003 Saam: Yeah, I mean if they have rights to do it, then. But see with development our plan was to close that. Sacchet: I don't know whether the Martinka's are here tonight. Probably if they are I would like them to speak for themselves. We got the letter from them that sounds much more reconciliatory than what the staff report reflects so if they're here, I hope they talk. Rich Ragatz: Yeah I just want to add one thing. I mean part of the reason we're doing this temporary cul-de-sac is there is an easement for access and utilities and I was willing to bring the public street and have it connect to the Christensen and Martinka property, which would provide a public street which is over and above the current requirements of the easement, and also bring the utilities and stub them off at the property. But he thought, and he never said that he'd be in that instance willing to relinquish his rights in the easement so it didn't make sense for me to move forward if there's that possibility. It's too risky. Sacchet: So from your vantage point there has been sufficient discussion between you two? Rich Ragatz: Yeah. Sacchet: Alright. Rich Ragatz: Yeah, and I just wanted to clarify two things. In the preliminary plat that Sharmeen brought up. Number 13. Perry and I have talked to Matt about this and you had mentioned the last time that we talked that we could maybe, you were open to suggestions on other ways to maybe go about this if they made sense. Saam: Yep. Rich Ragatz: So okay, just want that. And then on page 17 of the same thing, number 30. No, 31 I'm sorry. Also wanted to add, it says a financial security must be supplied to the city. I wanted to add in there, for developer's pro rata share of cost. Feik: Isn't there typically a multiple on that? Saam: What do you mean a multiple? Feik: If you're doing a bond or if you're doing a letter of credit it would be. Sacchet: 1.2 or something like that. Saam: Oh, 110 percent. Yeah. Yeah. Sacchet: Okay, so it'd be 110 percent of the pro rata share. Saam: I think what he's trying to address is he just wants to pay his own fair share and he would just like that clarified in there. We're fine with that. Rich Ragatz: And that's, oh go ahead kl Planning Commission Meeting —September 16, 2003 Slagle: Point of clarification with Matt. On that 13 that we just talked about, you said you're open to suggestions. I'm assuming, and we just talked about the closest one. Saam: Yeah, how that came about, you can see they don't propose that on their plan. They kind of propose just out letting it into the neighboring property. Lori, the Water Resource Coordinator and myself sat down a nd c ame up with t his proposal and I just communicated that t o Rich's engineer, that this is what we've come up with. You know you're welcome to look at it but what you've proposed right now really doesn't work for us. So we're open to other suggestions but this is what we've come up with right now. So barring any other ones, I guess we'd like to go with this. Sacchet: So you don't see a really an alternative at this point but you're willing to entertain if an alternative is presented to you, but the original proposal, to just let it out on the neighbors property is not acceptable. Saam: Correct. Sacchet: Okay. So would a work with staff be sufficient then at that condition? Saam: Sure, work with staff on finding a resolution to the pond outlet or something like that. Slagle: I can see one that's more generic... Sacchet: Did you want to address another one? Rich Ragatz: No, those were the ones I wanted to address. Sacchet: Thank you very much. With that, this is a public hearing. If anybody wants to come forward to address the Planning Commission on this item, please come forward now. State your name and address for the record and we listen to what you have to say. Anybody takers with this? This is your chance. Jon Steckman: Good evening. I'm Jon Steckman. I live on the property west at 1215 Lake Lucy. Sacchet: Would you want to point out which one it is, just for our orientation. Okay, excellent. Some beautiful trees there. Jon Steckman: Pardon me? Sacchet: Beautiful trees on your property. Jon Steckman: Most of them are on the Kerber property, but a few. The only question I have I guess, and that's more of a question. A couple questions. With the pond, I guess do we believe, and I did talk to Rich a number of times on the phone and worked out very well. But I guess with the pond, and the question maybe is to you, or over there, do we think that there will be water in that pond? I know I talked to, about that just in general. It's quite a huge pond that borders my property and just was interested in the possible depth of that pond. Where we thought that would be. Sacchet: Can you answer that Matt please? 40 Planning Commission Meeting — September 16, 2003 Saam: Sure. Yes, the pond is intended to hold water. The plan shows a normal water level which is in generic terms where the water will usually be at of 995. The bottom of the pond is 990, so it'd be about 5 feet deep at it's deepest point. Jon Steckman: Yeah, and I was just wondering about, sometimes you see the ponds around and they're quite reedy and mossy so what we have, which is going to be to a couple people's back yards, I was just interested if that could flow into that potential, proposed storm sewer, or something related to that. So, and then I just wanted the clarification on that point number 13, since I was the property currently where that might out flow or where it was originally proposed but, and then if that storm sewer goes through, that would be in the easement, we could lose some trees related to that on my property so I was just concerned and wanted staff to know that I guess. Saam: Okay. I'll just mention, if I can add to his. Sacchet: Go ahead. Saam: That the easement would be on the Kerber property. The pipe would be on the Kerber property. So our intention would be to limit the destruction I'll call it to things on your property. And I'll add just one more thing. The way they have this pond set up, in staffs view would be advantageous to your property if and when at some time you would develop. You would also have back yards which go toward the pond. The pond would be all set up for his drainage, that sort of thing so. Sacchet: So, but what you're saying Matt is that once your property develops, his development, that private street could actually use that as storm water pond as well? Is that what you're saying? Saam: Yes. So ... basically right here so you can see what I'm saying. His property would be set up just like this one with a walkout's, whatever, looking at the pond to take care of the storm runoff. So I just want to point that out. It's good for future development also. Sacchet: For runoff, not necessarily for storm water from the other private street though. Saam: Well unless they put a catch basin in and piped it there. Sacchet: Okay. Alright. Jon Steckman: Thank you. Sacchet: Thank you very much. Anybody else like to address this item. This is your chance. Please come forward. Debbie Lloyd: Hi, Debbie Lloyd, 7302 Laredo Drive. I'll try to keep it short but I've seen some things in the staff report that I'm questioning and I just caught the stuff tonight so please bear with me. First question is, even though council approved this back in 1995 for E as the option, because it was not developed, is not required, is that correct or not? Sacchet: It's my understanding that the council decision was for Option E and that we're building on top of that. Are you saying are we locked into it? 41 Planning Commission Meeting — September 16, 2003 Debbie Lloyd: But because it wasn't, because it did not move ahead Sacchet: Well some of it did. Like the cul-de-sac on the south is dedicated Debbie Lloyd: So we are locked into Option E? Sacchet: Pretty much. Al-Jaff: I'm sure there are other alternatives. However, based upon the cul-de-sac, the right-of- way for the cul-de-sac and the alignment that we have, yes. You can say that. Debbie Lloyd: Okay. I think the number of, I'm going to change my focus a little bit here. I think the number of accesses is not a positive thing. Two private streets is not a positive thing. Private streets, the maintenance of those streets is left up to the owner of the property. I believe a public street should serve this area. Not be served by two private streets and one public street. In terms of, let's see. On the preliminary plat, page 6. Average lot size. I had a question mark on, it's shown as 21,323 square feet. Actually the developer said the average is about 18,000 square feet in his statement so staff report is not correct there. Sacchet: Sharmeen, I think that number comes from your compliance table doesn't it? Al-Jaff: Correct. Sacchet: And it looks to me like you added up the lots and then divided them by the number. So I didn't check the math but. Debbie Lloyd: What is Lot 1, Block 2 with 41,336 feet? Sacchet: That's the lot on the southeast comer, right? Debbie Lloyd: This is really poor, can you read it here? Rich Ragatz: I'm talking about the ... but if you use all 7 lots, it does average to 22. Sacchet: That makes sense, okay. That resolves that question. Thank you for clarifying that. What else did you find Debbie? Debbie Lloyd: On page 9 under streets, the last point. The last line. The additional right-of-way needs to be platted. So if it isn't platted it affects the buildable area I believe. And I don't know if that's part of the calculation. Just a notation. Sacchet: Yes, it seems like that's not been worked out at this point Matt, is that accurate? Saam: Yes, however the lots will stay the same. Other than Lot 1, Block 2 would decrease by that 7 feet because we're essentially pushing everything south so the big one will lose a couple hundred square feet or whatever it is. Al-Jaff: They're platting the entire subdivision now. Sacchet: Okay, and as you pointed out you don't have an issue with the street being offset by a couple feet. 42 Planning Commission Meeting — September 16, 2003 Saam: No. Shenandoah is a sub -standard street so possibly in the future if that would get upgraded, we could ... on center. Sacchet: Okay, thank you. Debbie Lloyd: Okay, one other thing I wanted to point out about the private streets for Lots 1 through 4. Because of having private streets there, actually there's a gain to the property owner of 10 feet, because now you're requiring 30 feet for a private street. Sacchet: Can you repeat that? I'm not sure I got that. Debbie L loyd: Y ou're requiring 3 0 f eet h ere o f w idth. F or a p ublic s treet there w ould b e a requirement of 50. Sacchet: Correct. That's one of the advantages of the private street. Debbie Lloyd: Right, so there's almost a full lot gained by putting in private streets. The calculation is around 10,000, if I calculated correctly, about 10,000 square feet. Sacchet: So the point being? That they would lose a lot if it were a public street? Debbie Lloyd: Correct. Sacchet: Did you also take into consideration that there are two private streets if they would go down the public street in the middle where all the big trees are, that actually the easement for the public street would be shared between the easterly and westerly lots. Is that accurate Matt? Al -Jaffa Yeah. Yes it is. Sacchet: Okay. Because I would think if you take that in consideration, then I'm not sure whether your point would really. Debbie Lloyd: Well there is a gain on each lot when you put in a private street. It's just a point. Sacchet: ...where would you go with that? Debbie Lloyd: It's just a point that you're gaining a buildable lot and granted it's a development that's been passed already but I do want to make that point because of the private street issue. On page 17, point 25. This does not mention that the driveway must be 20 feet wide. It says it's required for the private drive. That word should be private street so there's no confusion after all the code changes we went through. Sacchet: Okay, can you say this again so we're all on the same page? You're looking at number 25 on page 17 and what would you change? Debbie Lloyd: Point number 25. The driveway should be paved to 20 foot width. Saam: If I can add something to that, and the only reason we didn't add that is because they're already proposing it at 20 feet. 43 Planning Commission Meeting — September 16, 2003 Sacchet: So it's already there. Saam: It's already shown on the plan as 20 feet, yeah. Debbie Lloyd: But I would like to change the word from private drive to private street. Sacchet: Is that consistent with our language? A]-Jaff: Yeah. Sacchet: Okay, good point Debbie. Thank you. Debbie Lloyd: And apart from that, the only other point is meeting the variance requirements for private street, but again if this has been approved, I don't know if it's a moot point or not. But the variance study here did not go over point by point, let's see. Page 14. Variances. You have point I through 4 but you have a general finding. In the finding it is possible to serve this site through a public street so you need to work through all those variances I believe in order to sufficiently meet the variance. Thank you. Sacchet: Thank you Debbie. Am I correct by assuming that those considerations were made when this originally was chosen as Option E? A]-Jaff: Now please remember that back then it was not a variance. Sacchet: It was different, okay. Al-Jaff: We were operating under a different set of rules. Sacchet: Alright. This is a public hearing. Anybody else would like to come forward, this is your chance. State your name and address for the record please. Kevin Grafft: My name is Kevin Grafft. I live at 6726 Powers. Sacchet: Is that on the plat there? Kevin Graffi: Property 13. Sacchet: Property 13, thank you very much. Kevin Grafft: Just a couple quick and easy questions. Main question is probably, I'm not sure who to address this to. What was the main reason for closing down the private drive to homes 11, 12 and 13? Sacchet: Matt, do you want to address that please. Saam: Y es. O ne to 1 imit direct accesses onto P owers B oulevard, a collector. H igh traveled street, and two, was approved that way under the Golden Glow development, which is that development to the south. The development contract for that site says that when this future cul- de-sac public street is put in, that private street will go away. Kevin Grafft: So once this addition's put on, that will close off the 3 homes down there? Planning Commission Meeting — September 16, 2003 Saam: Yes. Kevin G rafft: B ecause the o ne 1 ady w ill s till h ave, t he o Id R avis p roperty w ill s till h ave h er access there? Saam: I'm not sure which one the old Ravis' is. Kevin Grafft: Number 18 there. Sacchet: Why don't you point it out on the plat there. Kevin Graffi: Right down here. Ravis' is right there. So you're going to shut these 3 homes and route them... Saam: Yeah, good point. That would come out here to the cul-de-sac. Kevin Grafft: Well then who's going to be responsible for maintenance of that road? Saam: When this gets built it will be a city street so we'll plow and maintain it and everything. This will remain a private street as it is now. Kevin Grafft: Okay. Then just one last quick question. This is kind of regards to Mr., is it Ragatz? Ragatz. As far as Mr. Bob Martinka's inability to be accessible. I have a letter here from his attorney that's talking to you saying that he is willing to talk. Sacchet: Yeah, I believe we have a copy of that letter as well. It's the letter from September 15`s? Kevin Grafft: I want to say it's July. Feik: He's got a letter from an attorney. This is from Martinka themselves. Sacchet: Oh, this is from Martinka's themselves, okay. Kevin Graffi: July 25th. So I was kind of confused by that. Feik: In reference in paragraph A of the Martinka letter. Reference to paragraph A. Sacchet: Alright. Kevin Graffi: Because Bob's been kind of the spearhead in our area, kind of the bring us abreast and work hard as far as coming up with a solution for everybody so. Sacchet: So your point being that some additional... Kevin Graffi: It's kind of confusing why he's been contradicting this all night. Sacchet: Yeah, but the point you're making is that it would be good to have some additional discussion there? Is that basically what you're saying? 45 Planning Commission Meeting — September 16, 2003 Kevin Graffi: Correct. Sacchet: I mean I don't want to put mouth in you, words in your mouth but. Kevin Grafft: I mean it's been totally opposite so I'm kind of confused by that I guess. Sacchet: Yeah, July 250'. That's the letter that was actually in our staff report. Feik: Oh yes in the back. Sacchet: That's the one you're referring to, right? Kevin Grafft: Correct. Sacchet: Okay. Kevin Graffi: That's all I have. Sacchet: Thank you very much. Anybody else want to address this item? This is your chance. It's getting late so I'm going to close it if nobody else stands up. Nobody else stand up? Are you sure Debbie. Debbie Lloyd: I'm really sorry because I know we're trying to keep these as short as possible. I just guess I'm like really confused. So if this was already approved, the subdivision was approved. Sacchet: That's my understanding. Debbie Lloyd: The purpose of this meeting then is to allow the variance? Sacchet: We're looking at the plat, we're looking at the variance and the plat. Two things. Plat and variance. Debbie Lloyd: But the plat was already approved. Feik: Conceptual. AI-Jaff: The Ravis plat. Golden Glow was approved. Sacchet: The Golden Glow plat. Al-Jaff: Which resulted in certain alignments, dedications put in place. Slagle: If I may. Sacchet: Go ahead Rich. Slagle: Mr. Chair, and I want to get back to my thing from the beginning of this presentation, and I appreciate you trying to keep us on track, but I still have a question and that's why I was trying to get more history of this options because is this indeed E, call it E, the only framework that we're allowed to work with, because I'll give you an example. We had the development on 46 Planning Commission Meeting —September 16, 2003 Powers, and I won't go into the details, that we called premature and I'm questioning why this wouldn't be somewhat premature as well. Sacchet: Can you say why? Slagle: I'm not sure why but I'm just asking. What I'm saying is, we had a developer, or applicant who wanted to develop their land and we as a commission voted that it was premature. And what I'm saying is we're sort of being instructed, and I don't want to put words in the staffs mouth but this was already approved by City Council. You have to work under this guideline. And I have yet to see anything from the meeting of '95 that showed that, so I'm taking you guys on your word that that's our framework. Sacchet: Well let me clarify that. I mean obviously the issue in front of us is not which one of those 4 or 5 options is appropriate. Slagle: I understand. Sacchet: The issue in front of us is, the option that was chosen by City Council and I assume the Planning Commission at the time, on that basis here's a plat. Does this plat work? Does this plat meet the regulations and ordinances of zoning. That's the question I see in front of us. Al-Jaff: And the Ravis plat was approved based upon Option E. Feik: Right, but this plat was not filed. This was a conceptual plat. It's just conceptual... It was not a filed plat. It wasn't a done deal. Slagle: Correct and that's what I'm tying ... is we have the ability Mr. Chair I think, to look at this proposal and if you will question certain things and have the ability to do that without thinking that a previous City Council approved this. Sacchet: Okay, question to staff. Is that accurate? Do we have within our reach to go back and evaluate these options at this stage of the game? Slagle: Not what I'm asking. Sacchet: That's what I'm asking. I know that's not what you're asking but we might as well go all the way here. Saam: I'll give my opinion and I think what we, because this is what Rich talked about. Rich Ragatz the developer brought that up right from the beginning and what we've always said is, the council has the ability to change and say you know that council back in '95 didn't know what they were doing and just throw that out the window. I guess in my opinion we really don't. We have a development contract in place. We have platted right-of-way that we want to hook up, so we've already looked at the whole area. Gone through all the options. I think the plan's in place. We build off of that. Can we tweak this? Sure. Sacchet: I mean but basically staff's position i s we don't want t o reinvent t he wheel i n this particular case. AI-Jaff: Well we spent a good 6 months on the Ravis plat. Going through all of those options and 6 months might be an exaggeration. But it was quite. 47 Planning Commission Meeting — September 16, 2003 Sacchet: Well I'm sure it wasn't an easy decision just by judging what we're going through here tonight with this. Al-Jaff: It wasn't ... and our initial recommendation to the City Council was that this was a premature development for the Ravis. We said until Kerber is ready to develop, Ravis should not move forward, but. Slagle: And I guess what I'm, if I may, what I am suggesting is that with the absence of a couple of parties of this, who have properties in this already, let's just say design proposal. That's maybe the wrong word, I am wondering why we can't help that process along to reach an agreement to all parties to then have a solution that works for everybody versus leaving a couple folks out. That's really what I'm getting at. Al-Jaff: And in all honesty, if you look at this proposal, and we've spoken to Mr. Ragatz about this, one of the reasons he's c alling it Phase I, Phase H is because with Phase I he's able to develop the entire property located to the northwest and then in the future when the remaining parties are all on the same page, they would be able to continue this cul-de-sac. Sacchet: Yes. Actually we're still having an open public hearing. Feik: I think I'm understanding you. Basically, I'm going to paraphrase what I heard and you tell me if I'm wrong. We're doing Phase I until they can secure that triangular piece of dirt to access the Golden Glow Court. A]-Jaff: And Mr. Feik: That's the only thing that's holding this thing up as a two phase is to get that triangular piece of dirt. Al-Jaff: Correct, and Mr. Ragatz needs to work with Mr. Martinka to vacate, or. Sacchet: To come to an agreement. Simple. AI-Jaff: Come to an agreement. Sacchet: So we still have an open public hearing here. We have not heard from the Martinka's so I assume they're not here. Here's another person though who'd like to address us. Please come forward. Bob Martinka: Good evening and thank you. As I said in the opening statement of my memo to you. Sacchet: Name and address please. Bob Martinka: Oh I'm sorry. Bob Martinka... Sacchet: You are here. Welcome then. Bob Martinka: As I said in the opening statement in my memo I sincerely wish both the developer, Mr. Ragatz and the seller, Mr. and Mrs. Kerber you know every success in this 48 Planning Commission Meeting — September 16, 2003 regardless of what the configuration is. Personally we got our little place back there in the woods and our lives will continue and we've got a large family and it fits us pretty well but, I kind of promised a couple folks that I would not be standing up here this evening and I'm here for one reason only, and that is to you know this is all on the record and I want it to be accurate. There's a couple of things that were said here tonight and I'm not suggesting that they were said you know with any intention to have it appear other than it really is. However, Mr. Ragatz said I have conducted neighborhood meetings. Mr. Grafft is here from the neighborhood. Mr. Smith is here from the neighborhood. Mr. Cuccia is here from the neighborhood. Bob Christensen is here from the neighborhood. There was never a neighborhood meeting until one evening late in the process I personally called Rich to join an informal group for coffee out in front of Mike's house and we chatted about a few things. The subject of easement I invite members of the commission to very thoughtfully read my memo. I made a number of overtures to bring the subject of easements on the table. Never, ever once did the developer approach me on the subject of easement. Never did we turn down or reject consideration of setting aside of the easement, and indeed I initiated procedures with my lien holder in case I was approached, which I never was approached. Ever on that subject. That needs to be set clear for the record because the Martinka residence, property is being, appearing to be used as a, you know as a reason why the development is being done in two stages. And may I just encourage you to look more carefully at what appears to be that little comer of property that has to be crossed. It's a 25 foot line and I invited staff to come out and look and take a walk. I also, at Sharmeen's recommendation, very well advised recommendation, you know mentioned to the developer out in the field, have an engineer's chalk line drawn so I could better see and understand what we're really talking about. Because what we were talking about was the proposal never discussed in advance. I discovered, you know I learned about it for the first time when I picked a copy up from Sharmeen's office, who by the way has been really very helpful and responsive and cooperative. That proposal put the right -0f --way within 2 to 4 inches of the string of some of the oldest, tallest evergreens in Carver County, and threatened their survival. I went in to see a staff member in the planning council and he said well, yeah. Those trees would probably have to go. Well, they define the whole character of that property. Never discussed in advance so you know I think some of those things, had there been a little planning in advance, as I suggested in the last paragraph of that memo, and encourage you to look at it, who knows. We might have a win/win situation that Rich referred to there. Well, I don't want to belabor that point just that I think the record needs to be corrected, particularly on those points. I made perhaps a half a dozen initiatives on the subject of easement and never got a response. Sacchet: Appreciate your. Bob Martinka: The subject's never been brought up. Sacchet: Appreciate your sharing that with us. If I may ask you a question or two. Bob Martinka: You bet. Sacchet: I think you are accurate in that that road alignment would have significant impact onto the trees to your east. If by looking at the plat I think it's very evident that that roadway, going to the cul-de-sac of Golden Acres, Golden Glow, or what's it called? Al -Jaffa Golden Glow. Sacchet: Golden Glow Acres. Would have a significant impact on the trees. Not on your property but just across your property line to your east. And you expressed that would have a 49 Planning Commission Meeting — September 16, 2003 significant impact on the character of your residence. Now from that I would be inclined to conclude that you do have a resistance for that roadway to go in, which I fully understand. Bob Martinka: I have resistance to making decisions and taking action without everybody with the best interest sitting down at a table and some advance information and the guidance and gradually moving towards a best mutual outcome that we can have and that opportunity has never been provided. Sacchet: Then I have another question of that. Were you aware of that road being planned when you acquired that property? Bob Martinka: No sir. Sacchet: Okay. Well that's part of the problem. Okay Bob Martinka: You know that property is going to be developed at some point in time. They just ain't making land no more, especially in Carver County, and we're open and reasonably easy and trying to be okay folks to work with. That really has not been the process that's been used. The process that's been used you know, here's a plan. That's what we're going ahead with, or respond to it and I think if everyone were involved at the earlier stages of the process, everybody had a chance to listen, to express their thoughts, their concerns, their recommendations. Sacchet: Then part of what we're struggling with here tonight is that a lot of this planning took place what, 8 years ago. And most of the people here, actually almost all of us were not here. Bob Martinka: She gave you a short course in the background, yeah. Sacchet: Well I appreciate your coming to speak up. Thank you very much. Feik: Mr. Martinka, one question please. As a stakeholder, what would you have us do? Bob Martinka: I would have you structure a new look with this, as almost as though we were starting from the beginning because I think there are some options out there. You know Phase I, Phase II with Martinka's easement apparently being the, so. Sacchet: Sharmeen points out that you did submit a proposal from what you would encourage? Do you want to zoom in on that Nann? Yeah. Al-Jaff: This is the Martinka property. And the Christensen's are right here. What this calls for is a cul-de-sac that t erminates in front of t he Christensen property. A foot path, o h t his i s a private street. A foot path and then where the cul-de-sac bubble sits would be turned into a mini park area for the neighborhood. Sacchet: And the access of those properties to the south would stay the way it is? AI-Jaff: Correct, so they would not be able to fin-ther subdivide. Sacchet: Okay. Thank you for pointing that out Sharmeen. Al-Jaff: Sure. 50 Planning Commission Meeting —September 16, 2003 Bob Martinka: There's been an expression of non-interest by those two parties in developing their properties now. Obviously times change. Houses sell, etc but. Sacchet: Alright. Thank you very much. Appreciate your comments. Thank you for stepping up, even though you apparently promised some people you wouldn't. We definitely wanted to hear from you. With that, unless somebody else wants to address the commission, yes. There is somebody else. Please come forward. State your name and address for the record and let us know what you have to say. Larry Kerber: Larry Kerber, 6700, well I own the property at 6700. 1 live at 6420 Powers, and the only comment I have is, I'd like to, I think I disagree with Mr. Martinka. He was well aware of this project and proposed tum around, everything when he bought the property. The person he bought it from Bob Peterson and I discussed it even when Martinka bought and I said, does he know. And Bob says oh yeah, I showed him Option E. Showed him everything. So maybe he just forgot or something. Sacchet: Based on information you have, let's not go there. I mean this is, but I appreciate yes. You made your statement, I appreciate that but I don't think we want to discuss that. That's not our scope here. Obviously we have some disconnects here and I wish people could work those out, but that's not our task here at Planning Commission. Al -Jaffa And if the Planning Commission would focus on the proposal that is before you today. Sacchet: Yeah and basically, anybody else want to address the Planning Commission here? This is still open public hearing. Last chance. I'm closing the public hearing. Bring it back to commissioners. And to emphasize Sharmeen's point, our task here is this proposal that's in front of us. Our task is to look at this. Does this meet the city regulations, ordinance, zoning and make a finding on that. Whether we agree with the staff. Whether it needs to be tweaked or where we go with this. That's basically the task that's in front of us as a Planning Commission. With that I would want some comments, and the group is pointing to you Rich. Feik: I'm just pointing at that end. Slagle: You know I'm not exactly sure what to say on this one to be frank with you. Actually I don't have anything to say right now. Sacchet: Okay, that's good enough. Anything more from you Kurt? Papke: It's clear there's been some breakdown in communications here, but I think the plan in front of us involves 7 lots and were there to be other alterations here, you know it doesn't sound like they would affect the 7 lots in question here. I think the developer should be given the right to proceed with what's on the table right at this time and have all these other considerations taken into account as we move forward with the rest of the development. Sacchet: Thanks Kurt. Bethany, want to give it a stab? Tjornhom: You know I just agree with what happened at the other end of the table. I guess I agree with everything they said and I approve, or I think it is a good lot development and good luck. Sacchet: Okay, thanks Bethany. 51 Planning Commission Meeting — September 16, 2003 Feik: I'm in a quandary. I would be not nearly as resonant as I am if the easement that access the Martinka property out to Powers, that piece would go away and we would eliminate one more access onto Powers on a temporary basis. That would make me very comfortable with what's in front of us. I guess my question to you Matt is, we've got the proposed cul-de-sac which dead ends you know right off of the Powers coming in 100 feet or whatever it is, and then just to the south of that another, help me out, 30, 50, 60, 75 feet. Saam: That's about right. Feik: Is the gravel road to the Martinka, if I'm pronouncing it properly I hope, and then we go another 200-300 feet and we've got the private road that was ultimately to be abandoned if this could go in. I can live with the private road to the south. I would have liked to have seen some accommodations by the developer here to try to really encourage this abandonment of that one gravel road just south of the new road. Saam: Could I add two points? Feik: Please. Saam: To that for you Commissioner Feik. First of all staff is fully in support of getting rid of that gravel drive. Putting in the entire public street cul-de-sac. Having everybody come off that. We told Rich that. In fact his previously submitted plan showed that. However in discussions with him, that he told us, he wasn't able to, as you know, come to an agreement with Martinka and I think Christensen also has a stake in that easement. Without getting rid of the easement, which Martinka and Christensen have to sign off on, I don't think we can require that. We can't shut them off. Feik: I understand but now we've got a cul-de-sac that comes in 100 feet or so and then to the southwest corner of that cul-de-sac we've got a private road, which is going to skirt that cul-de- sac by about 4 feet. Sacchet: Or less. Feik: Or less. And then ultimately wander back out to Powers. Sacchet: It doesn't make sense. Feik: It doesn't make sense at all. Saam: I agree. If the residents would be willing to get rid of just even that far east portion and come off the cul-de-sac we would be in favor of that. The city. Al-Jaff Mr. Ragatz has no control over this. Feik: I understand that. Sacchet: Yeah because Mr. Martinka is in his rights with having this easement. Anything else Bruce? Feik: No 52 Planning Commission Meeting — September 16, 2003 Sacchet: Alright, my turn. This is sticky, judging by how long it takes. I'm going to get real bad marks from the City Council by having such a late meeting again. Feik: We're not done. Sacchet: I know. Basically I agree with everything that's been said. I think the applicant is in his full rights to develop this. It's a proposal that's based on previous decision of City Council in terms of the private road. The wetland alteration is reasonable. Do I like it? Well, yeah I'm a tree guy and I'd like to see a little more consideration for trees, but that's not a reason to hold this up. B ut I d o agree with Commissioner F eik. I t hink to h ave an additional access to P owers within 80 feet or less from another one existing is not acceptable and I think this would be reason to table it and ask the parties to discuss this. For the Martinka party, there are really 3 issues. One is the easement from the potential temporary cul-de-sac out to Powers. And I don't know whether legally we have a sound foundation to tum it down on that basis, but I certainly think we have a solid foundation to table this on this basis and asking the parties to work on this. Now the other two aspects that affect the Martinka property. One is that piece of property that would have to be taken for that roadway alignment, which I don't think is that big an issue. I think for the Martinka property the real issue is the road going in there and all these trees coming out, but that's a separate issue from the access onto Powers. I think it's reasonable to table it on that basis and ask that to be looked at and worked on and come back to us and we will take it from there, so that's where I'm at. Feik: I have one more quick question before we go any further Sacchet: Go ahead. Feik: Matt, the lot block, Lot 2, Block 1 existing house, the large lot, how does that structure and how do they access when this is done to Powers? Saam: I believe they go through that gravel drive also, don't they? Rich Ragatz: Yes, it'd be the gravel drive. Saam: Yes, they also access that way. Sacchet: Through the same access as the Martinka. Saam: Yes. Sacchet: So that's a shared easement there, okay. Well yeah, good question Bruce. Any other aspects, otherwise I'd like to have a motion. Anybody dare to make a motion on this one? Bob Martinka: If you deny me I'll respect your decision but I would ask for 30 seconds. Sacchet: Okay, please come forward. We're late either way. 30 seconds go fast though. Bob Martinka: When I bought that property I was never aware of a development that would encroach on our property, nor that would jeopardize these massive evergreen trees. Of course I was aware of a cul-de-sac that borders our property and that a road someday would run through 53 Planning Commission Meeting — September 16, 2003 there but I really, I need Larry to understand that and I need you to understand it because my veracity is kind on line. Sacchet: Appreciate, thank you. And it only took 30 seconds. I appreciate that particularly. Are we ready for a motion? Feik: I'll move we table. Sacchet: Do we have a second? Slagle: I'll second. Feik moved, Slagle seconded that the Planning Commission table the Preliminary Plat request for Burlwood Addition at Lake Lucy Road and Powers Boulevard. All voted in favor, except Papke who opposed, and the motion carried with a vote of 4 to 1. Sacchet: So we have 4 to 1. Anything you want to add? You made your position pretty clear. Papke: I think I made my comments pretty clear. Sacchet: Okay. So we see you guys in a couple weeks. 3 or more. And I think we had enough discussion on it that we know why we tabled this. I'm not going to go back into this further, and I would like to move onto our last item on the agenda. PUBLIC HEARING: CONSIDER A REQUEST FOR A LAND USE AMENDMENT FROM RESIDENTIAL LOW DENSITY TO COMMERCUL ON 8 ACRES AND CONCEPTUAL PLANNED UNIT DEVELOPMENT (PUD) REVIEW FOR A MIXED USE DEVELOPMENT INCLUDING A FAMILY ACTIVITY CENTER AND TOWNHOMES ON 14 ACRES ZONED AGRICULTURAL ESTATE DISTRICT (A21, LOCATED AT THE NORTHWEST CORNER OF TH 5 AND GALPIN BOULEVARD, JOHN PRYZMUS, SWINGS. Public Present: Name Address Marlene Bentz Lois Degler 7300 Galpin Boulevard 9111 Audubon Bob Generous presented the staff report on this item. Sacchet: Questions from staff. Feik: Sure, I'll start. Bob, this was guided as residential. The piece that's on the east of Galpin that now is occupied by the Kwik Trip, how was that guided? Generous: It was guided for commercial, medium density residential or and parks and open space. 54 Date: October 23, 2003 To: City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 Please return plans. 4 FIj.dere", - , Thanks V10jS PI Development Plan Referral Agencies r From: Planning Department By: Sharmeen Al-Jaff, Senior ner ?,V Subj: Subdivision of 40,355 sq. ft. Lot into Three (3) Lots with Variances, Located at 6700 Powers Boulevard, Burlwood 2°d Addition Planning Case: 2003-12 Subdivision The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on October 17, 2003. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on November 18, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than November 7, 2003. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Soil Conservation Service 4. MN Dept. of Transportation 5. U.S. Amly Corps of Engineers 6. Minnegasco 7. MN Dept. of Natural Resources 8. Telephone Company (US West or United) 9. Electric Company (NSP or MN Valley) 10. Mediacom Cable System 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other - 14. • City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952) 227-1100 Date: October 23, 2003 To: Development Plan Referral Agencies From: Planning Department • By: Sharmeen Al-Jaff, Senior Planner Please return plans. Thanks Subj: Subdivision of 40,355 sq. ft. Lot into Three (3) Lots with Variances, Located at 6700 Powers Boulevard, Burlwood 2°d Addition Planning Case: 2003-12 Subdivision The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on October 17, 2003. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on November 18, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than November 7, 2003. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Soil Conservation Service 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. Minnegasco 7. MN Dept. of Natural Resources 8. Telephone Company (US West or United) 9. Electric Company (NSP or MN Valley) 10. Mediacom Cable System 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other - 14. CITY OF CHANHASSEN • 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: EPIC DEVELOPMENT LLC Date: 10/21/2003 Time: 3:00pm Receipt Number: DW / 4454 Clerk: DANIELLE SUB FEE 2003-12 BURLWOOD 2ND ITEM REFERENCE AMOUNT ------------------------------------------- DEVAP SUB FEE 2003-12 BURLWOOD 2ND USE & VARIANCE 300.00 --------------- Total: 300.00 Check 2006 300.00 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! STAFF REPORT PROPOSAL: Preliminary Plat to Subdivide 5.17 Acres into 7 single-family lots and two outlots with a Variance to allow a private street, a 50 -foot right-of-way, and a Wetland Alteration Permit to fill a wetland, Burlwood Addition. LOCATION: Southwest of the intersection of Lake Lucy Road and Powers Boulevard. APPLICANT: Richard Ragatz Larry and Kathy Kerber Epic Development, LLC. 6420 Powers Boulevard 3441 St. Paul Avenue Chanhassen, MN 55317 Minneapolis, MN 55416 (952) 474-4710 (612)730-2814 PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential Low Density (Net Density 1.2 — 4.0 units per acre) ACREAGE: 5.17 acres DENSITY: 1.3 Units per Acre Gross 2.0 Units per Acre Net SUMMARY OF REQUEST: Subdivision of 5.17 acres into 7 single-family lots, wetland alteration to fill a wetland, and a variance to allow a private street to serve four homes. Notice of this public hearing has been mailed to all property owners within 500 feet. Staff is recommending approval of the request. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. The City's discretion in approving or denying a wetland alteration permit is limited to whether or not the proposed alteration meets the standards outlined in the wetland conservation act and the city's wetland ordinance. If it meets these standards, the City must approve the wetland alteration. This is a quasi-judicial decision. 0 0 Burlwood Addition SepternHer460ctober 7, 2003 Page 2 On September 16, 2003, the Planning Commission reviewed and tabled action on this item. They directed the applicant to work with Mr. Martinka and Mr. Christensen to realign/change their access from a private access easement to a public street. This staff report has been amended. All new information will appear in bold. BACKGROUND i� included pros and cons. The history of this area started when Mr. Ravis, the single family home located south of the Kerber property and fronts on Powers Boulevard, decided to develop the property. The Kerber's were not ready to sell or seriously consider development altematives. As a result, City staff completed Alternative Development Proposals for the Ravis Property and adjoining parcels dated January 30, 1995. The owner of the property proposed a private street to serve four homes. Staff evaluated the site and recommended the use of a public street. We also proposed to examine the surrounding area, potential for development, and services to those properties. All options maintained existing home sites. Mr. Kerber's "Twins" garage is removed in all options. Dashed lines represent existing property lines. Solid lines represent proposed lot lines. Utilities would be able to be extended to each option; however, Option E would require less utility and street construction. Each alternative The following is a summary of these alternatives: OPTION A This option develops the northerly portion of the site with public street (assumes Ravis subdivision proposal over the south half). Pros City street - Utilizes properties to their full potential - Adequate intersection spacing on Lake Lucy Road - Access limited to Lake Lucy Road - Allows for Berming along Powers Boulevard and Lake Lucy Road CODs - Requires properties to be consolidated and replatted WE included pros and cons. The history of this area started when Mr. Ravis, the single family home located south of the Kerber property and fronts on Powers Boulevard, decided to develop the property. The Kerber's were not ready to sell or seriously consider development altematives. As a result, City staff completed Alternative Development Proposals for the Ravis Property and adjoining parcels dated January 30, 1995. The owner of the property proposed a private street to serve four homes. Staff evaluated the site and recommended the use of a public street. We also proposed to examine the surrounding area, potential for development, and services to those properties. All options maintained existing home sites. Mr. Kerber's "Twins" garage is removed in all options. Dashed lines represent existing property lines. Solid lines represent proposed lot lines. Utilities would be able to be extended to each option; however, Option E would require less utility and street construction. Each alternative The following is a summary of these alternatives: OPTION A This option develops the northerly portion of the site with public street (assumes Ravis subdivision proposal over the south half). Pros City street - Utilizes properties to their full potential - Adequate intersection spacing on Lake Lucy Road - Access limited to Lake Lucy Road - Allows for Berming along Powers Boulevard and Lake Lucy Road CODs - Requires properties to be consolidated and replatted 0 Burlwood Addition SeptenOctober 7, 2003 Page 3 - Tree loss - Significant grading/filling - Rear yards against Powers Boulevard - House type, mostly ramblers versus walkouts - Still requires private driveways to serve parcels to the south OPTION B This option is similar to Option A, but extended to service all parcels. Pros Basically the same as Option A except serves all the parcels. - City Street - Utilitizes properties to their full potential - Adequate intersection spacing on Lake Lucy Road - Provides room for berming along Powers Boulevard - Access limited to Lake Lucy Road Cons Same as Option A, but this option does not need private streets. - Becomes a long (1075') cul-de-sac with one access point OPTION C Pros - Same as Options A and B except allows two access points and the long cul-de-sac is reduced in half. Cons Same as Options A and B except the long cul-de-sac is resolved. 4�<— h 1 23 22 2 i --� 1� 1 20 (� 5 F19 4L 6 P 1e 7 Magloka-- 117 6 ED 10 L Kohms r-- 1141 f 11J._ -- _ 13� 12 imd,9� 1 24 Slee 23 i 22 -� n 5 20 1 Chilstensdn i i 19 6 t 16 s A 17 a 16 10 1 knhmm 11 1i ~ 11Manger 12 4�<— h 1 23 22 2 i --� 1� 1 20 (� 5 F19 4L 6 P 1e 7 Magloka-- 117 6 ED 10 L Kohms r-- 1141 f 11J._ -- _ 13� 12 imd,9� Burlwood Addition Septernbef) 6 October 7, 2003 Page 4 OPTION D Basically the same as Option B, except access is from Powers Boulevard and Lot 6 would have access on to Lake Lucy Road. I ___ Pros City street - Utilizes properties to their full potential - Adequate intersection spacing on Powers Boulevard - Provides room for berming along Powers Boulevard and Lake Lucy Road. Cons - Requires properties to be consolidated and replatted - Tree loss - Significant grading/filling - Rear yards against Powers Boulevard - House type mostly ramblers versus walkouts 6 ',:5 3 s Ni" OPTION E This option combines the use of private and public streets to develop the site. Least disruptive to existing features and also allows for the area to develop, for the most part, independently of each other. Pros - Minimizes site grading/filling and tree loss; retains existing topographic features for the most part - Provides a mixture of house types, i.e. walkout, rambler, etc. - Allows for parts of the area to develop independently of the rest - Provides public street access - Curb cuts align with or across from existing driveways - Adequate intersection spacing - Room for berming along Powers Boulevard and Lake Lucy Road - Maintains use of existing driveways - Most likely the most feasible from an economic standpoint - Eliminates long dead-end cul-de-sac Cons - Still requires two or more parcels to replat in order to develop layout dA/ ----! L "I 1 .1 s 2 3 13 teclanan `d��ara 7 6 I5 hstenso I y 8 i r 21 n` NaYlnka 40 C to 77 � 12 31 Koh .an `'16 13 i 14 anje[ � i1 0 0 Burlwood Addition SeptembeP46-Oetober 7, 2003 Page 5 Ultimately, option E was selected. As mentioned earlier, the Kerbers were not considering development at the time. As such, the public street could not be constructed. The City Council approved the development of the Ravis Property (Golden Glow Acres). The development consisted of 4 lots served via a private street. As part of the Golden Glow Acres, the Right -of -Way for the bubble of a cul-de-sac was dedicated. The intent was to facilitate the future construction of the street. If the stmt was built, the intent was to close off the private street access on Powers Boulevard and redirecting traffic to the cul-de-sac. PROPOSAL/SUMMARY The applicant is proposing to subdivide 5.17 acres into 7 single family lots and two outlots. The property is zoned RSF, Single Family Residential District. The site is located at the southwest intersection of Lake Lucy Road and Powers Boulevard, and contains a single family home and a detached garage. Access to the site is proposed off of Powers Boulevard and Lake Lucy Road. 0 All lots meet the minimum lot area, width and depth requirements of the zoning ordinance with an average lot area of 21,323 square feet. Each parcel contains a 60' x 60' house pad. Lots 1, 2, 3, and 4, Block 1 are proposed to be served via a private street which will require a variance. The proposed right-of-way is 50 feet wide. The ordinance requires 60 feet. The existing right-of-way Burlwood Addition SepteOctober 7, 2003 Page 6 located on the Golden Glow Subdivision, is 50 feet wide. This right-of-way will be in keeping with the existing right-of-way. Outlots A and B are being created to be incorporated into the Christensen property. When the Christensen's are ready to subdivide their property, these outlots will serve as street frontages. A wetland alteration permit is also requested. It will result in filling 5,963 square feet of wetland and replacing it off site. Approval of the subdivision is contingent upon approval of the Wetland Alteration Permit. Staff has been working with the applicant for several months. The initial plan showed A s shown on the preliminaFy plat, the applioant is pfepesiog to build- a temporary cul-de-sac to serve the property. It terminated approximately 90 feet east of the Christensen property. The reason for that is there is a cross access easement serving the Christensen and Martinka properties. The Marinka's are were not interested in vacating their rights in the easement. The City d%s did not wish to accept a public street encumbered by an easement. Since the last Planning Commission meeting, the applicant, Mr. Martinka and Mr. Christensen have been able to reach an agreement dedicating the right-of-way for the entire cul-de-sac and vacating the private cross access easement. When the Me nkafe .,,,...,, develop theirpr-epet4y, the will then be vaeated and the remaindff of the right of way will be dedioated. Also, will be eixtended at that tifne. The one issue that remains unresolved is the construction of the cul-de-sac bubble over the Golden Glow Acres subdivision. The applicant is requesting that the bubble be constructed if and when the Kohmans and/or Infangers decide to subdivide their property. Staff wishes to see the private street serving the Golden Glow subdivision realigned and access off of the proposed cul-de-sac for safety reasons. Staff is recommending the entire cul-de-sac be built. The agreement the applicant reached with Mr. Martinka and Mr. Christensen preclude the construction of the bubble. If this becomes a reason for the private agreement to be dissolved and if the city wishes to see the entire cul-de-sac built, staff recommends the city approve the subdivision of Lots 1, 2, 3, and 4 only since they are served via a private street and will not impact the southerly half of the site from an access stand point. Lots 5 and 6 can be replatted into an outlot and Lot 1, Block 2 remains as proposed on the plans. Staff is recommending approval of the subdivision with variances and the wetland alteration permit with conditions outlined in the staff report. 0 0 Burlwood Addition SeptembepU-October 7, 2003 Page 7 PRELINUNARY PLAT The applicant is proposing to subdivide a 5.17 acre site into 7 single family lots and two outlots. The density of the proposed subdivision is 1.3 units per acre gross and 2.0 units per acre net. All lots exceed the minimum 15,000 square feet of area, with an average lot size of 21,323 square feet. All proposed lots meet the minimum width, and depth requirements of the Zoning Ordinance. A wetland occupies the northerly portion of the site and is proposed to be filled and replaced off site. Lots 1, 2, 3, and 4, Block 1, are proposed to be served via a private street. This layout is in keeping with a previous council recommendation. Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance. WETLANDS Existing Wetlands One ag-urban wetland exists in the northern portion of the property. GME Consultants, Inc. delineated the wetland in May 2003. The wetland is dominated by reed canary grass. The applicant is proposing to fill the wetland and mitigate it off-site through the purchase of wetland credits from a wetland bank. The total proposed impact to the wetland is 5,963 square feet (0.14 acres). Because the existing wetland is of low quality and future property owners would likely impact the entire wetland if the wetland was preserved during the subdivision process, staff is recommending sequencing flexibility. This will allow the applicant to fill the wetland and replace it with a wetland of greater function and value off-site through the state wetland bank. Wetland Replacement Wetland replacement must occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The City must approve a wetland replacement plan prior to wetland impacts occurring. GRADING, DRAINAGE AND EROSION CONTROL Storm Water Management There is a culvert on Lot 1, Block 2 that flows into a drainage -way on the property to the west. There is presently no public storm water infrastructure downstream from the culvert. The applicant should work with staff and downstream property owners to address storm water issues in this area prior to the development of Lot 1, Block 2 and the extension of the proposed street to Golden Glow Court. 0 Burlwood Addition September—1 ctober 7, 2003 Page 8 Surface Water Management Fees 41 Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $949/acre. Based on the proposed developed area of approximately 5.17 acres, the water quality fees associated with this project are $4,906.00. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average citywide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Single- family residential developments have a connection charge of $2,348 per developable acre. This results in a water quantity fee of approximately $12,139.00 for the proposed development. SWMP Credits This project proposes the construction of one storm water pond. The applicant will be credited for oversizing in accordance with the SWMP or the provision of outlet structures. The applicant will not be assessed for areas that are dedicated outlots. No credit will be given for temporary pond areas. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $17,045.00. Other Agencies 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) and comply with their conditions of approval. GRADING/DRAINAGE/EROSION CONTROL The grading plan needs to be revised along the east side of Lot 6, Block 1 to avoid trapping stormwater against the respective house pads. • The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. • It is unclear from the plans how the applicant is proposing to handle the stormwater from the temporary cul-de-sac at the south end of the project. Additional information and detail must 0 0 Burlwood Addition Septet erg ctober 7, 2003 Page 9 be added to the plans to address this. The applicant is proposing an outlet overflow point to control the discharge of water from the proposed pond. This is inconsistent with current City specifications and past practice. Staff is recommending that an outlet control structure be installed to control the water discharge rate from the pond. Further, staff is recommending that a storm sewer line be constructed from the pond outlet to Lake Lucy Road and west, approximately 350 feet, to an existing storm sewer line in Mulberry Circle. • An underground detention system has been proposed to control the drainage from the south half of the site. This would be the first such system in the City; however, they have been used in other metro cities such as at the new Cub Foods on Highway 7 in Shorewood. Staff is gathering information from other cities regarding maintenance of these systems which act as underground ponds contained within large diameter pipes. Staff is willing to allow this type of stormwater system due to the unavailability of ponding sites in the area. • A storm sewer stub must be extended to the south to handle drainage from the future cul-de-sac, just south of the site. • The damaged portion of the existing storm line that goes through Lot 1, Block 2 must be replaced and connected with the proposed street storm sewer. • A minimum 20 -foot wide public drainage and utility easement is required over the existing ditch/drainage way on the Martinka property. • Erosion control measures and site restoration shall be developed velataff ed in accordance cordancthaa rock e City's Best Management Practice Handbook (BMPH). construction entrance be shown on the plans in accordance with City Detail Plate No. 5301. UTILITIES • According to City as -built plans, all of the proposed lots have both sewer and water stubs except Lot 6, Block 1. • 'There is already an existing sanitary sewer line in the area of the temporary cul-de-sac. As such, the proposed sewer line can be deleted. • The proposed watermain must be extended to the south property line for future looping purposes. 0 0 Burlwood Addition September- l 6- October 7, 2003 Page 10 • Sanitary and water services shall be extended to the west property line for future development of the neighboring parcels. The underlying parcel has been previously assessed for five utility units and those assessments have been paid. Since the applicant is now proposing more units than what was previously assessed, the one additional unit will be charged a watermain and sanitary sewer lateral connection charge at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. STREETS • The applicant's street layout follows a previous Council approved layout for this prom's and the street connection with Golden Glow Court to the south. Staff weuld-p recommending that the entire street and cul-de-sac be installed with this project instead of the temporary cul-de-sac that is proposed. F wAv as , ,, ,e « __„ _.e,.e Since the applicant has a signed agreement with the adjacent land owners to dedicate the necessary right-of-way, there is no reason that the full street should not be built. Upon completion of the full street and cul-de-sac, the existing private street, which serves Lots 3 and 4 of Golden Glow and the Kohman/Infanger parcels, would access onto the new public street and not Powers Boulevard. Lot 1 of Golden Glow would, however, continue to access Powers Boulevard through its existing driveway. If the full street and cul-de-sac is not built at this time, then a financial security must be supplied to the City to cover the cost of the future street extension and removal of the existing private street to the south. This is in line with the Golden Glow Acres development contract which required the street to be extended with the development of the Kerber property. 0 0 Burlwood Addition Segtember46-October 7, 2003 Page 11 Lake Lucy Road is designated as a collector road in the City's Comprehensive Plan and Code Book. Collector roads require 80 -feet of right-of-way or 40 -feet on each side of the roadway centerline. As such, additional right-of-way will need to be platted to achieve a total of 40 - feet from the centerline of Lake Lucy Road. The developer will be required to pave the portion of the existing neighbors' driveways that are within the subject property as per City ordinance. A private driveway easement will also be required for the shared portion of the driveway. In addition, any shared portion of the driveway must be constructed to a 7 -ton design. The developer will be required to provide inspection reports verifying this. PARKS This property lies within the neighborhood Park service areas of both Curry Farms Park and Carver Beach Park. TRAILS Two segments of the City's Comprehensive Trail Plan are located near this property. The first is an on -street trail located along both the eastbound and westbound lanes of Lake Lucy Road. The second is an off-street 8 ft. wide bituminous trail located on the east side of Powers Boulevard. This is across the street from the subject plat. The best crossing location for pedestrians is at the intersection of Powers Boulevard and Lake Lucy Lane. With these public services in place, the Park and Recreation Director is not recommending any additional public park or trail services be constructed as a part of this subdivision. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. TREE PRESERVATION/LANDSCAPING Canopy coverage and preservation calculations have been submitted for the Burlwood development. They are as follows: Total upland area (excluding wetlands) or 229,583SF 5.27 ac.or Baseline canopy coverage Minimum canopy coverage allowed 30%or 68,875 SF Proposed tree preservation or 22,958 SF 0 Burlwood Addition gepuwj"r4October 7, 2003 Page 12 0 The developer does not meet minimum canopy coverage allowed, therefore the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage (68,875 —22,958) 45,917 SF Multiplier 1'2 Total replacement 55,100 SF Total number of trees to be planted 51 trees (55,100=1089) The total number of trees required for the development is 51. The developer has proposed a total of 12 trees. An additional 39 trees must be added to the landscape plan. All replacements must meet minimum size requirements. No more than one-third of the trees may be from any one species. The canopy coverage and replacement calculations submitted by the applicant differ from those presented by staff. According to the submitted calculations, the canopy coverage saved is 30%. Staff does not agree with their calculations for two important reasons: 1) some of the trees listed and counted as preserved are not on the applicant's property; 2) many of the trees listed as preserved are actually within the grading limits such as in the areas proposed as berm or pond. Staff does not accept the claim of tree preservation for any trees that are not protected by fencing and outside of grading limits. Therefore, tree preservation on site has been calculated at 15% which includes trees located on Lot 1, Block 2, the west side of the property behind a silt fence located at the grading limits, and the 12 evergreens scheduled for transplanting. The subdivision is also required to have buffer yard plantings along Powers Blvd. and Lake Lucy Road. Requirements are as follows: Location Re uired Pro osed Powers Blvd. —buffer 10 overstory:trees 0 overstoryyard B — 20' width 15 understo 12 understory 500'len 25 shrubs 0 shrubsLake Lucy Road 4 overstory 0 overstory Buffer yard B —15' 8 understory trees 3 understory width 12 shrubs 0 shrubs The developer has proposed a 4' berm along Powers Blvd. on top of which would be placed transplanted evergreens. The buffer yard area is only 20 feet wide and a 4' berm would require at least 24 feet in width in order to meet the city's 3:1 slope standard. The developer should reduce the berm to 3' in height or install a fence instead. 0 0 Burlwood Addition September--"ctober 7, 2003 Page 13 COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Lot Lot Area Width Depth Ordinance 15,000 90' 125' BLOCK 1 Lot 1 21,057 100' 210' Lot 2 18,862 90' 209' Lot 3 18,778 90' 208' Lot 4 18,694 90' 207' Lot 5 15,038 111' 134' Lot 2 15,193 95' 134' BLOCK 2 Lot 1 41,336 141' 295' SUBDIVISION - FINDINGS Home Setback 30' front/rear 10' sides 30'/30' 10' 30'/30' 10' 30'130' 10' 30730' 10' 30'/30' 10' 30'/30' 10' 30'/30730' 10' 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance if the private street and right-of- way width variances are approved. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. 0 0 Burlwood Addition Septeffyer-4 - ctober 7, 2003 Page 14 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with casements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. VARIANCE Section 18-57. Streets. (r) Private streets serving up to four (4) lots may be permitted in the A2, RR, RSF and R4 if the criteria in variance section 18-22 are met and upon consideration of the following: 0 0 Burlwood Addition geptenOctober 7, 2003 Page 15 (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of a private street will permit enhanced protection of the city's natural resources, including wetlands and protected areas. Staff is recommending approval of the private street based upon the analysis provided in the background section of the report. VARIANCE FINDINGS Sec. 18-22. Variances. The city council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: (1) The hardship is not a mere inconvenience; (2) The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; (3) The condition or conditions upon which the request is based are unique and not generally applicable to other property; (4) Te is in accotrd with the purpose f a variance lll not be and intentofstantially this chapter,the zoningmental to the ordinanlic are and ordinance and comprehensive plan. Finding; Based upon the analysis within the background section of the report, it is possible to serve the site through a public street; however, by doing so, site grading and the dependence on other property owners increases. The applicant's request is fairly reasonable. As to the 50 foot right-of-way width, it is in keeping with the existing right- of-way for Golden Glow Court. Based upon these findings, staff is recommending approval of this variance. 0 0 Burlwood Addition Sepuw&eF46-October 7, 2003 Page 16 RECOMMENDATION Staff recommends the Planning Commission adopt the following motions: PRELIlVIINARY PLAT "The Planning Commission recommends approval of the preliminary plat for Subdivision #03-12 for Burlwood Addition for 7 lots and two outlots with variances to allow a private street and a 50 foot right-of-way as shown on the plans received —4-5 September 29, 2003, subject to the following conditions: 1. The applicant shall revise the landscape plan to show a minimum of 51 trees to be planted. 2. A minimum of three deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits on Lots 1-4 and 6, Block 1 prior to any grading. 5. All transplanted evergreens must be warranted for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. 7. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. 8. Show all of the proposed and existing easements on the preliminary plat. 9. On the grading plan: a. Add a rock construction entrance per City Detail Plate No. 5301. b. Revise the grading on the east side of Lot 6, Block 1 to prevent trapping water near the house pads. C. Show new ditch grades in the areas where driveways will be removed. d. Show the proposed contours for the berms along Powers Boulevard. e. Show all existing and proposed easements. f. Add a benchmark to the plan. 0 0 Burlwood Addition gepteuber. tuber 7, 2003 Page 17 10. On the utility plan: a. Show all proposed and existing utility easements. b. Show all existing utilities and services in the area. Also, call out the pipe type, in numbers, and rim/invert elevations for all existing and proposed utilities. c. Add streetlights at the intersection of powers and the new street. 11. All of the existing driveway entrances to the property from Powers Blvd. must be removed during construction. 12. A driveway culvert is required under the proposed street entrance to the site. A Carver County permit will also be required. 13. An outlet control structure is required for the proposed pond per City Detail Plate No. 3109. Also, install a storm sewer line from the pond outlet to Lake Lucy Road and west, approximately 350 feet, to an existing storm sewer line in Mulberry Circle. 14. Revise all slopes that exceed 3:1 or install a retaining wall. 15. A temporary easement is needed for the portion of the cul-de-sac that is outside of the proposed right-of-way. 16. All final construction plans must be signed by a professional engineer registered in the State of Minnesota. 17. Any work outside of the subject property or right-of-way will require temporary easements. 18. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. 19. The applicant has submitted drainage calculations for the site; however, additional information is still needed. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10 -year, 24-hour storm event. 20. Draintile will be required in back of the curb on the public street. 21. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 0 0 Burlwood Addition Septeffiber-"ctober 7, 2003 Page 18 with the C7ItY's 22. Public utility improvement latest edition of Standard Specs will Specifications and Detail Platuired to be es. constructed Detailed c nstmctinplans and specifications will be required at the time of final platting. The applicant e pessary financial also be required to enter into a development contract with the City and supply security in the form of a letter of credit or cash escrow to guarantee installation of improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 23. The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. 24. Private easements are required for the existing and proposed services to neighboring parcels that are outside of the right-of-way. 25. A 30 -foot wide private driveway easement is required for the private drive which serves Lots 1-4, Bl.I. In addition, the driveway must be constructed to a 7 -ton design. The developer will be required to provide inspection reports verifying this. 26. BREI t Mse, diced t-19-0 IF—Ind for 27. vacate the existing public utility easement in the area of the new street. 28. Additional information and detail must be added to the plans to show how the storinwaer from the temporary cul-de-sac will be handled. 29. A public drainage and utility easement is required over the proposed pond. 30. A watermain and sanitary sewer lateral connection charge will be due for Lot 6, Block 1 at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along withe Met All Council's SAC fee will be due on all of the lots at the time of building pe of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. 31. a ensil n and removal of the existing g privat street t the outhst of the future street 0 0 Burlwood Addition gepten3ber116 October 7, 2003 Page 19 32. Additional right-of-way will need to be platted to achieve a total of 40 -feet from the centerline of Lake Lucy Road. 33. The existing gravel driveway to the neighboring parcels must be maintained until the new street is graded in and curb is installed. 34. A storm sewer stub must be extended to the south to handle drainage from the future cul-de-sac, just south of the site. 35. The damaged portion of the existing storm line that goes through Lot 1, Block 2 must be replaced and connected with the proposed street storm sewer. 36. The proposed watermain must be extended to the south property line for future looping purposes. 37. Sanitary and water services shall be extended to the west property line for future development of the neighboring parcels. 38. The developer is required to pave the portion of the existing neighbors' driveways that are within the subject property as per City ordinance. A private driveway easement will also be required for the shared portion of the driveway. In addition, any shared portion of the driveway must be constructed to a 7 -ton design. The developer is required to provide inspection reports verifying this. 39. A minimum 20 -foot wide public drainage and utility easement is required over the existing ditch/drainage way on the Martinka property. 40. The entire public street and cul-de-sac must be installed with this project. 41. Building Official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. c. Demolition permits must be obtained before demolishing any structures. d. The homes located at 6648 and 6650 Powers Blvd. will require address changes as they will be accessed from a different street. 42. Fire Marshal conditions: 0 0 Burlwood Addition SeptemHer• October 7, 2003 Page 20 a. A 10 -foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Excel Energy, 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. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Submit turn- around dimensions to City Engineer and Fire Marshal for review and approval. Exception: Fire Marshal is b authorized to increase the dimension of 150 feet where 1) the buildings are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Fire Code. c. Block 1 and 2 — Streets will be required to have street names. Submit names to Chanhassen Building Official and Fire Marshal for review and approval. d. No burning permits will be issued for trees/shrubs disposal. Any trees removed must be removed or chipped on site. e. Three additional fire hydrants will be required; one at the intersection of Lake Lucy and the driveway serving Block 1, one at the end of Block 1, Lot 4 near the emergency turn- around, and the third one must be installed near the temporary turn -around proposed for Block 2. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrants. 43. Approval of subdivision 03-12 shall be contingent upon approval of Wetland Alteration Permit 03-1. 44. Wetland replacement shall occur in a mane consistent an tappro Minnesotah the land placement Conservation Act (MR 8420). The app plan prior to wetland impacts occurring- 45. The applicant shall work with staff and downstream property owners to address storm water issues in this area prior to the development of Lot 1, Block 2 and the extension of the proposed street to Golden Glow Court. 46. Based on preliminary estimates, the water quality fees for the development are $4,906.00 and the water quantity fees are approximately $12,139.00. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $17,045.00. 47. 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) and comply with their conditions of approval• ty to facilitate flexibility in future road alignment." 48.Outlots A and B shall be deeded to the Ci WETLAND ALTERATION PERN-0 The Planning Commission recommends approval of wetland alteration permit 03-1 as shown in plans dated received August 15, 2003, with the following conditions: 0 0 Burlwood Addition Segtembe"&October 7, 2003 Page 21 1. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. 2. 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) and comply with their conditions of approval. 3. Approval of Wetland Alteration Permit 03-1 shall be contingent upon approval of subdivision 03-12. ATTACHMENTS 1. Application 2. History of area 3. Hearing notice and property owners list. 4. Memo from Todd Hoffman dated July 30, 2003. 5. Memo from Steve Torell dated August 6, 2003. 6. Memo from Matt Saam dated September 29, 2003. 7. Memo from Mark Littfin dated July 28, 2003. 8. Letter from Gary Thompson dated July 25, 2003. 9. Tree Inventory. 10. Minutes from September 16, 2003 Planning Commission Meeting gAplaMsaftrlwood pc.doc RYmerina LAND DEVELOPMENT SERVK September 29, 2003 Ms. Sharmeen Al-Jaff Senior Planner Planning Department City of Chanhassen 7700 Market Blvd., Box 147 Chanhassen, MN 55317 Re: Burlwood 7 Lot Single Family Subdivision Dear Ms. Al-Jaff: VIA MESSENGER 434 Lake Street Excelsior, MN 55331 Tel 952-380-5000 Fax 952-380-5010 www. ryanengineering. com Enclosed, please find the 17 full-size copies and 1 half-size copy of the revised Preliminary Plans for the above referenced project. We have modified these plans per discussions with Mr. Rich Ragatz and his meetings with City Staff. If you have any further questions or comments, please contact our office. Sincerely, RYAN ENGINEERING, INC Perry M. Ryan, P. . President CITY OF CHAWASSEN RECEWED Enclosures SEP 2 9 2003 ENGINEERING DEPT. Cc: Mr. Rich Ragatz — Epic Development 0 DEVELOPMENT AGREEMENT FOR THE PROPOSED BURLWOOD SUBDIVISION LOCATED AT THE SOUTHWEST CORNER OF LAKE LUCY ROAD AND POWERS BOULEVARD IN CHANHASSEN, CARVER COUNTY, MN AND THE TWO ADJACENT PROPERTIES AT 6648 & 6650 POWERS BOULEVARD This is a development agreement between Robert and Diane Martinka located at 6650 Powers Boulevard, Robert and Ethelyn Christensen located at 6648 Powers Boulevard, and Richard Ragatz of Epic Development, LLC, who is the developer of the Kerber parcel located at 6700 Powers Boulevard in Chanhassen, Minnesota. The Martinka's and Christensen's agree to sign this document that will allow Epic Development to proceed with a low -density, single-family development based on Scenario #3 that builds the road (with a temporary cul-de-sac) up to the approximate southwestern corner of on the Kerber Property based on the following terms/requirements: 1. Epic development will use best efforts to preserve as many of the western - most row of trees on the Kerber property. This will be accomplished by reducing the finished street width and potentially moving the road within the right-of-way further east if city would allow. At the same time, balancing the construction cost and the effect on the marketability of the lots that will be subdivided to the east on the Kerber site. 2. Neither the Martinka's nor any successor owner of 6650 Powers Boulevard will have any financial responsibility for development of Golden Glow Acres cul-de-sac if and when it ever happens. The Martinka's will incur no direct costs for any phase of the Burlwood Development plan under Scenario #3 and that it results in the ability to subdivide, assuming your parcel is subdividable. The Christensen's agree to pay $20,000 towards the development costs and will have no financial responsibility for the Golden Glow Acres cul-de-sac if and when it ever happens. 3. At no cost to the Martinka's, water and sewer will be stubbed off to the Martinka parcel in order to serve a subdivided lot in the future. 4. Outlots A and B will be assigned to Martinka and Christensen with who gets what decided between them. 5. Epic Development will use best efforts with regards to grading, removal or transplanting of trees and alteration to terrain, which might impact the Martinka property. 6. Martinka and Christensen agree to relinquish the rights in access and utilities easements that encumber the Kerber parcel. As long as Epic Development provides public street access to the Martinka property and utilities stubbed off to the Martinka property, then no easements or the like will hinder development of the Burlwood subdivision. In addition, Martinka's agree at such a time that landowners bordering Golden Glow cul-de-sac express an intention to subdivide.This right of way is approximately 13 feet (on the southern property line) by 28 feet (on the eastern property line) for a total of approximately 364 feet of impacted area (road right of way and actual finished J .. 9 0 road). The extension, connection, and development would be spurred by the subdivision of the two parcels south of the Kerber/Martinka properties. Martinka and Epic Development, however, will keep an open mind to ideas and other potential solutions that the City of Chanhassen or neighbors may have. 7. Martinka's agree to allow Epic Development to drain any storm water run-off into the current drainage ditch located on Martinka's property without significantly increasing the volume or discharge of water onto Martinka's property.This would be in the form of a drainage and utility easement in favor of the city of Chanhassen which shall not preclude Mr. Martinka's subdivision. Based on the proceeding development requirements, we will allow the development of the Kerber property to move forward. This is a legally binding agreement that is based on the Burlwood development receiving final plat approval and being developed. AGREED AND ACCEPTED: Developer:_ E,2,`G �2✓c�aPn on l/ GGC Date: Z NXO Robert Martinka: Date: q -- Robert Christensen:s i Date: Q - Z, —03 Building Inspections Richard Ragatz CITY OF Epic Development, LLC. CUMNSEN 3441 St. Paul Avenue 7700 Market Boulevard Minneapolis, MN 55416 PO Box 147 September 26, 2003 Chanhassen, MN 55317 Dear Mr. Ragatz: Administration 14, 2003). This letter is to formally notify you that the City is taking the Phone: 952.227.1100 additional 60 day extension to process this request as permitted under Minnesota Fax: 952.227.1110 Statute 15.99. Building Inspections Richard Ragatz Phone: 952.227.1180 Epic Development, LLC. Fax: 952.227.1190 3441 St. Paul Avenue Engineering Minneapolis, MN 55416 Phone. 952.227.1100 Fax: 952.227.1170 Dear Mr. Ragatz: Finance Phone: 952.227.1140 Due to the Planning Commission request to have discussions between you and Fax: 952.227.1110 neighboring properties to facilitate your development, we were unable to schedule your application until the October 7, 2003 meeting. The city will be Park It Recreation Phone: 952.227.1120 unable to complete the review within 60 days of the original submittal (October Fax: 952.227.1110 14, 2003). This letter is to formally notify you that the City is taking the Recreation center additional 60 day extension to process this request as permitted under Minnesota 2310 Coulter Boulevard Statute 15.99. Phone: 952.227.1400 Fax: 952.227.1404 Should you have any questions, please feel free to contact me at (952) 227-1134. Planning A Natural Resources Sincerely, Phone: 952.227.1130 Fax: 952.227.1110 i Public Works ` 1591 Pa Phone: 952.227.1.227.1 300 Sharmeen Al-Jaff Fax: 952.227.1310 Senior Planner Senior Center SA:ms Phone: 952.227.1125 Fax: 952.227.1110 - Web Site wxw.ci.chanhassen.mn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play, r a AI-Jaff, Sharmeen From: rragatz@earthlink.net Sent: Thursday, September 25, 2003 9:06 AM To: saljaff@ci.chanhassen.mn.us; msaam@ci.chanhassen.mn.us Subject: Fw: Martinka Sharmeen and Matt: Page I of 2 Here is the much anticipated demands of Bob Martinka. Do you think this is a "Win, Win" situation? I will come by today to discuss. Frustrated and Angry, Rich -----Forwarded Message ----- From: tlousim Sent: Sep 23, 2003 10:01 PM To: rragatz@earthlink.net Subject: Martinka Dear Mr. Ragatz: Am over at my daughter's house playing catch-up with email correspondence --- my system still being annoyingly on the fritz. This is to summarize my understanding of today's discussion with you and Bob Christensen and to add or emphasize considerations of special importance to me: 1) We are leaning toward Scenario 43 as presented today contingent upon my special interests. Bob C. and have somewhat different situations while sharing the common easement. While looking somewhat familiar, I find nothing identical to the Scenario 3 drawing in my files. 2) 1 look for and am confident that you will find a way to draw the right-of-way back to preserve the first western- most row of trees on the development site as we discussed today during our walk -about. Bob C. may also have yet another thought on that issue as mentioned to me by phone. 3) 1 will look for written assurance that neither the current nor any successor owner of 6650 Powers will have any financial responsbility for development of the Golden Acres cul-de-sac if and when it ever happens. It is the understanding of Bob C. and myself that we incur no direct costs for any phase of the Burlwood development plan under Scenario 3 and that it results in the ability for either party to subdivide. 4) The reference to extension of sewer and water in your email of Sept. 18 requires further discussion. 5) Provide blacktop to Bob C's drive and Martinka's bridge. 6) Assignment of Outlot A to Bob C. and Outlot B to Martinka property. 7) Prior mutual understanding to be reached on grading, removal or transplanting of trees and alteration to 9/25/2003 Page 2 of 2 terrain which might impact the Martinka property with a best good -will effort to reach agreement on those considerations. I assume that similar consideration would be expected by and given to Bob C. (though I do not speak here for him and his site is impacted somewhat different from ours on those conciderations). 8) Agreement on the above initiates the relinquishment of rights in access/utility easements with application for such release by lien -holder to be initiated as soon as all-around agreement is reached on Scenario 3. 1 expect that the process (described by CitiBank Mortgage as requiring 6-8 week) can be started immediately prior to formal action by the City. ( I find it hard to believe it would take that long) 9) The customary payment by the developer for costs incurred by landowners in obtaining release from easements (Deeds, Abstracts, etc.) I believe that the above is consistent with and in the spirit of your recent approach and of our discussions this week --- which have been welcomed and appreciated. Sincerely, Bob Martinka cc: Bob Christensen I expect that undivided support behind a plan would bring ready approval by the PC and that reasonably expressed objection runs the risk of further postponing approval. 9/25/2003 EPIC DEVELOPMENT. LLC September 23, 2003 To: Bob Martinka and Bob Christensen Copy: Sharmeen AI-Jaff RE: `Burlwood" The following memo details possible scenarios for developing the southern part of the Kerber site. As a follow-up to our September 22 meeting with both of you, I met with Sharmeen to discuss and get answers to your questions. Just to let you know, Sharmeen will be out of the office all of next week and needs to finish her staff report for the October 7a' planning commission meeting. As a result, I need to know which scenario you want to move forward on planning and developing by Thursday September 25, 2003. We should be able to chose a scenario and conceptually outline the basics of an agreement with the detailed agreement to follow. Sincerely, Rich Ragatz 3441 St. Paul Avenue / Minneapolis, MN 55416 / Office/Cell: 612.730.2814 / Home: 612.927.6588 / Email: rragatz@earthlink.net MEMORANDUM To: Bob Martinka and Bob Christensen CC: Sharmeen AI-Jaff The following are the four scenarios for the future development of the southern portion of the proposed Burlwood development. This is the mos ntly proposed preliminary plat with a temporary cul-de-sac stopped short of the existing ac tility easement. Under this scenario neither one of you can subdivide. This is the ign attached to the August 6th letter and August 7th memo with a modification. temporary cul-de-sac would follow your plan, however, a road would eventually connect t e easement cul-de-sac south of the Kerber property. Under this scenario, both of you w d have to relinquish your rights in the easement for access/utilities. Outlots A would be given to one or both of you. Under this scenario, only Bob Christensen co ubdivide (a variance would be required), because Bob Martinka's property does not have a uate frontage along a public street. Trees would be saved in the near term and the road w d have to be extended in the future to allow Martinka and Burlwood south to be develope . Scenario 3• This was the plan that was going to be submitted on July 18th that extends the street as far south as possible without infringing on Bob Martinka's property and has a temporary cul- de-sac at the southwest corner of Kerber's property. Under this scenario, everybody could subdivide. Both of you need to relinquish your rights in the access/utility easement. Sce rio 4• This wa he original plan I pl to submit to the City and mirror tion "E" that is the foundati t we are basing this le development on. Everybod develop. Both of you need t quish your rights int s/utility easement. Please let me know which scenario you are interested in pursuing and what additional conditions/details you would like to incorporate into a future agreement. Thanks for your time and I look forward to your thoughts. Rich Ragatz ( v,, V� 4 /-LI /, 3 9/19/69:11 PM FROM: Fax TO: 227-1110 PAGE: I OF 001 BOB & DIANE MARTINKA 6650 Powers Blvd. Chanhassen, MN 55317 (952) 474-1103 September 23, 2003 TO: Planning Commission Staff City of Chanhassen FAX: (952) 227-1110 RE: "Golden Glow" Acres I am requesting a copy of the original language establishing the Golden Glow Acres Development agreement (Ravis, et al) in 1995 as referenced during the September 16 meeting of the Planning Commission. Please refer to the appropriate city department if not available from the PC office. If possible it would be appreciated if it could be collected from the front desk on or before noon Thursday the 25t i Thank you for your assistance! Sincerely, Bob Martinka Sept. 17, 2003 Dear Larry: BOB & DIANE MARTINKA • 6650 Powers Blvd. Chanhassen, MN 55317 (952) 4741103 mw1inka,1i4ix netcom com Fax (952)401-3836 Best to clarify any possible misunderstanding from last night's PC meeting. Thanks for coming forward to express something you had conviction about -- only fair as I had been questioning some of Mr. Ragatz's assertions. A review of our brief history here may be helpful. In 1999 we saw the For Sale sign out front on a Friday afternoon, had several of the family join us in a same day visit to the property, arranged a 7:00 AM Saturday meeting at Perkins with my banker/mortgage broker, and by noon an offer to purchase was in place. After taking possession, we had an arrangement where Bob Petersen could continue to use his office space for some weeks and store his furniture in the garage. Even amidst the chaos of moving and settling in, those were enjoyable days especially the opportunity to have Bob available to help better understand things about the house and property. I still call him occasionally with a question and he is always helpful. He would pull out old documents, some blueprints, a history of his electricity costs for many years, even a crude drawing for a forced air HVAC duct system (the installation of which is being completed this week), his drawings for a proposed house on the north part of his lot, and some of the history including the 1995 subdivision plans, and a bunch of other paper I didn't look at for months. When we made the decision and offer to purchase 6650 Powers I didn't have a clue about potential encroachment that might result from a subdivision plan on the Kerber property -- which was the point of discussion and the subject of Chairman Uli Sacchet's's question. And I answered accordingly! The knowledge and understanding of the cul-de-sac and some eventual access road to the east grew during those days with Bob working out of our house. Seems it was mentioned as mostly an issue between Kerber and the City. I believe you stopped over during one of those days. I identified with no existing nor potential controversy, though was of the understanding there might be (or might never be) a road to the east some day and always assumed that any grading and risk to trees would be on the developer's property. It was kind of in the never-never land category until your For Sale sign went up. To my memory, the first time that the subject of encroachment arose was the first draft of Mr. Ragatz's plan (was it in June?) when the implications of those lines were explained to me by PC staff. (continued' -2- i • Mr. Ragatz's address ng (or non -addressing) the easement issue remains puzzling to me. I have said all I have to say in my Sept. 16 memo (a copy of which is enclosed). Only to add that it strikes me that among the initial steps in any proposed development is: clarification of title.... boundaries.... potential encroachments .... easements --- and that they are dealt with at the early concept stage prior to expensive drawings, especially several revisions. Burlwood has gone through how many? 3,4,5 revisions and still never asked about or entered into negotiations relative to existing easements. They don't self-destruct; and they are an equity to be negotiated. And then the latest plan is described in a public document and at a public forum as growing out of Martinka's not being interested in vacating the easement. Again thanks for your comments at the meeting. I recognize and respect your sincerity. It is my hope that the above comments on our knowledge and understanding of potential encroachment at time of commitment to purchase the Petersen property will also be helpful to your recognizing the appropriateness of my answer to Chairman Sacchet's question. Larry, I work toward honesty and accuracy in all dealings. We have insisted on that within our family, and expect it in people I have done business with and have hired over the years. Even my limited glimpse at your remarkable work ethic and personal spirit of independence and fairness leads me to recognize you have the same standard. Thankfully, we all occasionally fall short of the ideal --- enough to keep vigilant about it. And that's what makes me appreciate your comments of last night --- as it prompts me to be more thoughtful about responding to any question and be more complete in the answer. Call ..... any time... for whatever reason. Pax, Bob Mart Cc: Bob f,'ITY of CAANBASSEN STAFF REPORT 0 PC DATE: 9/16/03 — CC DATE: 10/13/03 Review Deadline: 10/14/03 CASE #: 03-12 SUB 03-1 WET By: Al-Jaff:v PROPOSAL: Preliminary Plat to Subdivide 5.17 Acres into 7single family lots and two outlots with a Variance to allow a private street, a 50 foot right-of-way, and a Wetland Alteration Permit to 511 a wetland, Burlwood Addition LOCATION: Southwest of the intersection of Lake Lucy Road and Powers Boulevard. APPLICANT: Richard Ragatz Larry and Kathy Kerber Epic Development, LLC. 6420 Powers Boulevard 3441 St. Paul Avenue Chanhassen, MN, 55317 Minneapolis, MN 55416 (952) 4744710 (612)730-2814 PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential -Low Density (Net Density 1.2 - 4.0 units per acre) ACREAGE: 5.17 acres DENSITY: 1.3 Units per Acre Gross 2.0 Units per Acre Net SUMMARY OF REQUEST: Subdivision of 5.17 acres into 7 single family lots, wetland alteration to fill a wetland, and a variance to allow a private street to serve four homes. Notice of this public hearing has been mailed to all property owners within 500 feet. Staff is recommending approval of the request. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. The City's discretion in approving or denying a wetland alteration permit is limited to whether or not the proposed alteration meets the standards outlined in the wetland conservation act and the city's wetland ordinance. If it meets these standards, the City must approve the wetland alteration. This is a quasi-judicial decision. 0 Burlwood Addition September 16, 2003 Page 2 BACKGROUND 0 The history of this area started when Mr. Ravis, the single family home located south of the Kerber property and fronts on Powers Boulevard, decided to develop the property. The Kerber's were not ready to sell or seriously consider development alternatives. As a result, City staff completed Alternative Development Proposals for the Ravis Property and adjoining parcels dated January 30,V { The owner of the property proposed a private street to serve four homes. Staff evaluated the site and recommended the use of a public street. We also proposed to examine the surrounding area, potential for development, and services to those properties. All options maintained existing home sites. W. Kerber's `"Twins" garage is removed in all options. Dashed lines represent existing property lines. Solid lines represent proposed lot lines. Utilities would be able to be extended to each option; however, Option E would require less utility and street construction. Each alternative included pros and cons. The following is a summary of these alternatives: OPTION A This option develops the northerly portion of the site with public street (assumes Ravis subdivision proposal over the south half). Pros - City street - Utilizes properties to their full potential - Adequate intersection spacing on Lake Lucy Road - Access limited to Lake Lucy Road - Allows for Berming along Powers Boulevard and Lake Lucy Road Cons - Requires properties to be consolidated and replatted - Tree loss - Significant grading/filling - Rear yards against Powers Boulevard - House type, mostly ramblers versus walkouts - Still requires private driveways to serve parcels to the south � 1 0 The history of this area started when Mr. Ravis, the single family home located south of the Kerber property and fronts on Powers Boulevard, decided to develop the property. The Kerber's were not ready to sell or seriously consider development alternatives. As a result, City staff completed Alternative Development Proposals for the Ravis Property and adjoining parcels dated January 30,V { The owner of the property proposed a private street to serve four homes. Staff evaluated the site and recommended the use of a public street. We also proposed to examine the surrounding area, potential for development, and services to those properties. All options maintained existing home sites. W. Kerber's `"Twins" garage is removed in all options. Dashed lines represent existing property lines. Solid lines represent proposed lot lines. Utilities would be able to be extended to each option; however, Option E would require less utility and street construction. Each alternative included pros and cons. The following is a summary of these alternatives: OPTION A This option develops the northerly portion of the site with public street (assumes Ravis subdivision proposal over the south half). Pros - City street - Utilizes properties to their full potential - Adequate intersection spacing on Lake Lucy Road - Access limited to Lake Lucy Road - Allows for Berming along Powers Boulevard and Lake Lucy Road Cons - Requires properties to be consolidated and replatted - Tree loss - Significant grading/filling - Rear yards against Powers Boulevard - House type, mostly ramblers versus walkouts - Still requires private driveways to serve parcels to the south 0 0 Burlwood Addition September 16, 2003 Page 3 OPTION B This option is similar to Option A, but extended to service all parcels. Pros Basically the same as Option A except serves all the parcels. - City Street - Utilitizes properties to their full potential - Adequate intersection spacing on Lake Lucy Road - Provides room for berming along Powers Boulevard Access limited to Lake Lucy Road Cons Same as Option A, but this option does not need private streets. - Becomes a long (1075') cul-de-sac with one access point OPTION C Pros - Same as Options A and B except allows two access points and the long cul-de-sac is reduced in half. Cons Same as Options A and B except the long cul-de-sac is resolved. i } 23 7 wn� 2 _ I,27_ 1 ®3 21 4 i 10 5v t 19 3� C 6 7 ' 19 17 10 10 - 114 a {� 11 12 12 sre 4~ 6 0 0 Burlwood Addition September 16, 2003 Page 4 OPTION D Basically the same as Option B, except access is from Powers Boulevard and Lot 6 would have access on to Lake Lucy Road. Pros - City street - Utilizes properties to their full potential - Adequate intersection spacing on Powers Boulevard - Provides room for berming along Powers Boulevard and Lake Lucy Road. Cons - Requires properties to be consolidated and replatted - Tree loss - Significant grading/filling - Rear yards against Powers Boulevard - House type mostly ramblers versus walkouts OPTION E This option combines the use of private and public streets to develop the site. Least disruptive to existing features and also allows for the area to develop, for the most part, independently of each other. Pros Minimizes site grading/filling and tree loss; retains existing topographic features for the most part - Provides a mixture of house types, i.e. walkout, rambler, etc. - Allows for parts of the area to develop independently of the rest - Provides public street access - Curb cuts align with or across from existing driveways - Adequate intersection spacing - Room for berming along Powers Boulevard and Lake Lucy Road - Maintains use of existing driveways - Most likely the most feasible from an economic standpoint - Eliminates long dead-end cul-de-sac Cons - Still requires two or more parcels to replat in order to develop layout AI =--! ' L + t+ 2 ,2 ' 4 [ cWnan a� '6.r 6 hristenso5 = L 6 9 apE .rauoka. Z i o `I a , � 11 Koh an +4 5� GI 1� 16 For Burlwood Addition September 16, 2003 Page 5 Ultimately, option E was selected. As mentioned earlier, the Kerbers were not considering development at the time. As such, the public street could not be constructed. The City Council approved the development of the Ravis Property (Golden Glow Acres). The development consisted of 4 lots served via a private street. As part of the Golden Glow Acres, the Right -of -Way for the bubble of a cul-de-sac was dedicated. The intent was to facilitate the future construction of the street. If the street was built, the intent was to close off the private street access on Powers Boulevard and redirecting traffic to the cul-de-sac. PROPOSAL/SUMMARY The applicant is proposing to subdivide 5.17 acres into 7 single family lots and two outlots. The property is zoned RSF, Single Family Residential District. The site is located at the southwest intersection of Lake Lucy Road and Powers Boulevard, and contains a single family home and a detached garage. Access to the site is proposed off of Powers Boulevard and Lake Lucy Road. L1J All lots meet the minimum lot area, width and depth requirements of the zoning ordinance with an average lot area of 21,323 square feet. Each parcel contains a 60' x 60' house pad. Lots 1, 2, 3, and 4, Block 1 are proposed to be served via a private street which will require a variance. The proposed right-of-way is 50 feet wide. The ordinance requires 60 feet. The existing right-of-way 0 Burlwood Addition September 16, 2003 Page 6 9 located on the Golden Glow Subdivision, is 50 feet wide. This right-of-way will be in keeping with the existing right-of-way. Outlots A and B are being created to be incorporated into the Christensen property. When the Christensen's are ready to subdivide their property, these outlots will serve as street frontages. A wetland alteration permit is also requested. It will result in filling JW square feet of wetland and replacing it off site. Approval of the subdivision is contingent upon approval of the Wetland Alteration Permit. / s ince, oPi%l - Staff has been working with the applicant/for several months. As shown on the preliminary plat, the applicant is proposing to build a temporary cul-de-sac to serve the property. The reason for that is that there is a cross access easement serving the Christensen and Martinka properties. The Marinka's are not interested in vacating their rights in the easement. The City does not wish to accept a public street encumbered by an easement. When the Marinka's are ready to develop their property, the access easement will then be vacated and the remainder of the right-of-way will be dedicated. Also, the roadway will be extended at that time. Staff is recommending approval of the subdivision with variances and the wetland alteration permit with conditions outlined in the staff report. PRELRYMARY PLAT The applicant is proposing to subdivide a 5.17 acre site into 7 single family lots and two outlots. The density of the proposed subdivision is 1.3 units per acre gross and 2.0 units per acre net. All lots exceed the minimum 15,000 square feet of area, with an average lot size of 21,323 square feet. All proposed lots meet the minimum width, and depth requirements of the Zoning Ordinance. A wetland occupies the northerly portion of the site and is proposed to be filled and replaced off site. Lots 1, 2, 3, and 4, Block 1, are proposed to be served via a private street. This layout is in keeping with a previous council recommendation. Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance. WETLANDS Existing Wetlands One ag-urban wetland exists in the northern portion of the property. GME Consultants, Inc. delineated the wetland in May 2003. The wetland is dominated by reed canary grass. The applicant is proposing to fill the wetland and mitigate it off-site through the purchase of wetland 0 0 Burlwood Addition September 16, 2003 Page 7 credits from a wetland bank. The total proposed impact to the wetland is 5,963 square feet (0.14 acres). Because the existing wetland is of low quality and future property owners would likely impact the entire wetland if the wetland was preserved during the subdivision process, staff is recommending sequencing flexibility. This will allow the applicant to fill the wetland and replace it with a wetland of greater function and value off-site through the state wetland bank. Wetland Replacement Wetland replacement must occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The City must approve a wetland replacement plan prior to wetland impacts occurring. GRADING. DRAINAGE AND EROSION CONTROL Storm Water Management There is a culvert on Lot 1, Block 2 that flows into a drainage -way on the property to the west. There is presently no public storm water infrastructure downstream from the culvert. The applicant should work with staff and downstream property owners to address storm water issues in this area prior to the development of Lot 1, Block 2 and the extension of the proposed street to Golden Glow Court. Surface Water Management Fees Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $949/acre. Based on the proposed developed area of approximately 5.17 acres, the water quality fees associated with this project are $4,906.00. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average citywide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Single- family residential developments have a connection charge of $2,348 per developable acre. This results in a water quantity fee of approximately $12,139.00 for the proposed development. SWMP Credits This project proposes the construction of one storm water pond. The applicant will be credited for oversizing in accordance with the SWMP or the provision of outlet structures. The applicant _J Burlwood Addition September 16, 2003 Page 8 will not be assessed for areas that are dedicated outlets. No credit will be given for temporary pond areas. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $17,045.00. Other Agencies 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) and comply with their conditions of approval. GRADING/DRAINAGE/EROSION CONTROL • The grading plan needs to be revised along the east side of Lot 6, Block 1 to avoid trapping stormwater against the respective housepads. • The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. • It is unclear from the plans how the applicant is proposing to handle the stormwater from the temporary cul-de-sac at the south end of the project. Additional information and detail must be added to the plans to address this. • The applicant is proposing an outlet overflow point to control the discharge of water from the proposed pond. This is inconsistent with current City specifications and past practice. Staff is recommending that an outlet control structure be installed to control the water discharge rate from the pond. Further, staff is recommending that a storm sewer line be constructed from the pond outlet to Lake Lucy Road and west, approximately 350 feet, to an existing storm sewer line in Mulberry Circle. Erosion control measures and site restoration shall be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends that a rock construction entrance be shown on the plans in accordance with City Detail Plate No. 5301. UTILITIES According to City as -built plans, all of the proposed lots have both sewer and water stubs except Lot 6, Block 1. 0 Burlwood Addition September 16, 2003 Page 9 0 • There is already an existing sanitary sewer line in the area of the temporary cul-de-sac. As such, the proposed sewer line can be deleted. The underlying parcel has been previously assessed for five utility units and those assessments have been paid. Since the applicant is now proposing more units than what was previously assessed, the one additional unit will be charged a watermain and sanitary sewer lateral connection charge at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. • Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. STREETS The applicant's street layout attempts to follow a previous Council approved layout for this property and the street connection with Golden Glow Court to the south. Staff would prefer to see the entire street and cul-de-sac installed with this project instead of the temporary cul- de-sac that is proposed. However, due to the existence of a private driveway easement through the site and a small piece of right-of-way off the southwest corner of the property, the developer is unable to install the entire street. As such, staff is recommending that a financial security be supplied to the City to cover the cost of the future street extension and removal of the existing private street to the south. This is in line with the Golden Glow Acres development contract which required the street to be extended with the development of the Kerber property. • Lake Lucy Road is designated as a collector road in the City's Comprehensive Plan and Code Book. Collector roads require 80 -feet of right-of-way or 40 -feet on each side of the roadway centerline. As such, additional right-of-way will need to be platted to achieve a total of 40 -feet from the centerline of Lake Lucy Road. Burlwood Addition September 16, 2003 Page 10 PARKS This property lies within the neighborhood park service areas of both Curry Farms Park and Carver Beach Park. TRAILS Two segments of the City's Comprehensive Trail Plan are located near this property. The first is an on -street trail located along both the eastbound and westbound lanes of Lake Lucy Road. The second is an off-street 8 ft. wide bituminous trail located on the east side of Powers Boulevard. This is across the street from the subject plat. The best crossing location for pedestrians is at the intersection of Powers Boulevard and Lake Lucy Lane. With these public services in place, the Park and Recreation Director is not recommending any additional public park or trail services be constructed as a part of this subdivision. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. TREE PRESERVATION/LANDSCAPING Canopy coverage and preservation calculations have been submitted for the Burlwood development. They are as follows: Total upland area (excluding wetlands) 5.27 ac. or 229,583 SF Baseline canopy coverage 35% or 79,465 SF Minimum canopy coverage allowed 30% or 68,875 SF Proposed tree preservation 515% or 22,958 SF Developer does not meet minimum canopy coverage allowed, therefore the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage (68,875 —22,958) 45,917 SF Multiplier 1.2 Total replacement 55,100 SF Total number of trees to be planted 51 trees (55,100-1089) The total number of trees required for the development is 51. Applicant has proposed a total of 12 trees. An additional 39 trees must be added to the landscape plan. All replacements must meet minimum size requirements. No more than one-third of the trees may be from any one species. Burlwood Addition September 16, 2003 Page 11 The canopy coverage and replacement calculations submitted by the applicant differ from those presented by staff. According to the submitted calculations, the canopy coverage saved is 30%. Staff does not agree with their calculations for two important reasons: 1) some of the trees listed and counted as preserved are not on the applicant's property; 2) many of the trees listed as preserved are actually within the grading limits such as in the areas proposed as berm or pond. Staff does not accept the claim of tree preservation for any trees that are not protected by fencing and outside of grading limits. Therefore, tree preservation on site has been calculated at 15% which includes trees located on Lot 1, Block 2, the west side of the property behind a silt fence located at the grading limits, and the 12 evergreens scheduled for transplanting. The subdivision is also required to have bufferyard plantings along Powers Blvd. and Lake Lucy Road. Requirements are as follows: Location Required Proposed Powers Blvd. — 10 overstory trees 0 overstory bufferyard B — 20' width 15 understory trees 12 understory 500'length 25 shrubs 0 shrubs Lake Lucy Road 4 overstory trees 0 overstory Bufferyard B — 15' width 8 understory trees 3 understory 12 shrubs 0 shrubs Applicant has proposed a 4' berm along Powers Blvd. on top of which would be placed transplanted evergreens. The bufferyard area is only 20 feet wide and a 4' berm would require at least 24 feet in width in order to meet the city's 3:1 slope standard. The applicant should reduce the berm to 3' in height or install a fence instead. COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Lot Lot Home Area Width Depth Setback Ordinance 15,000 90' 125' 30' front/rear 10' sides BLOCK 1 Lot 1 21,057 100' 210' 30730' 10' Lot 2 18,862 90' 209' 30730' 10' Lot 3 18,778 90' 208' 30730' 10' 0 Burlwood Addition September 16, 2003 Page 12 0 Lot 4 18,694 90' 207' 30730' 10' Lot 5 15,038 111' 134' 30730' 10' Lot 2 15,193 95' 134' 30730' 10' BLOCK 2 Lot 1 41,336 141' 295' 30730730' 10' SUBDIVISION - FINDINGS The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance if the private street and right-of- way width variances are approved. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; 0 0 Burlwood Addition September 16, 2003 Page 13 Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. VARIANCE Section 18-57. Streets. (r) Private streets serving up to four (4) lots may be permitted in the A2, RR, RSF and R4 if the criteria in variance section 18-22 are met and upon consideration of the following.- (1) ollowing. (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of a private street will permit enhanced protection of the city's natural resources, including wetlands and protected areas. Staff is recommending approval of the private street based upon the analysis provided in the background section of the report. 11 Burlwood Addition September 16, 2003 Page 14 0 VARIANCE FINDINGS See. 18-22. Variances. The city council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: (1) The hardship is not a mere inconvenience; (2) The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; (3) The condition or conditions upon which the request is based are unique and not generally applicable to other property; (4) The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Finding: Based upon the analysis within the background section of the report, it is possible to serve the site through a public street; however, by doing so, site grading and the dependence on other property owners increases. The applicant's request is fairly reasonable. As to the 50 foot right-of-way width, it is in keeping with the existing right- of-way for Golden Glow Court. Based upon these findings, staff is recommending approval of this variance. RECOMMENDATION Staff recommends the Planning Commission adopt the following motions: PRELI1bIINARY PLAT "The Planning Commission recommends approval of the preliminary plat for Subdivision 1103-12 for Burlwood Addition for 7 lots and two outlots with variances to allow a private street and a 50 foot right-of-way as shown on the plans received August 15, 2003, subject to the following conditions: 1. Applicant shall revise landscape plan to show a minimum of ' trees to be planted. 2. A minimum of three deciduous, overstory trees shall be req in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits on Lots 1-4 and 6, Block 1 prior to any grading. 5. All transplanted evergreens must be warranted for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. 0 Burlwood Addition September 16, 2003 Page 15 is 7. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. 8. Show all of the proposed and existing easements on the preliminary plat. 9. On the grading plan: a. Add a rock construction entrance per City Detail Plate No. 5301. b. Revise the grading on the east side of Lot 6, Block 1 to prevent trapping water near the housepads. C. Show new ditch grades in the areas where driveways will be removed. d. Show the proposed contours for the berms along Powers Boulevard. e. Show all existing and proposed easements. f. Add a benchmark to the plan. 10. On the utility plan: a. Show all proposed and existing utility easements. b. Show all existing utilities and services in the area. Also, call out the pipe type, manhole numbers, and rim/invert elevations for all existing and proposed utilities. C. Add streetlights at the intersection of Powers Blvd. and the new street. d. Delete the proposed sew rJline within the new street. Z All-ofTtheexisting[driveway entrances to the property must be removed durin p� constron. How o.m pe-ople go1n� }p %e,� �O """'� i 12. A driveway culvert is required under the proposed street entrance to the site. A Carver County permit will also be required. 13. An outlet control structure is required for the proposed pond per City Detail Plate No. 3109. Also, install a storm sewer line from the nQud outic to- aked.ucv Road and wt storm sewer line in 14. Revise all slopes that exceed 3:1 or install a retaining wall. 0 Burlwood Addition September 16, 2003 Page 16 0 15. A temporary easement is needed for the portion of the cul-de-sac that is outside of the proposed right-of-way. 16. All final construction plans must be signed by a professional engineer registered in the State of Minnesota. 17. Any work outside of the subject property or right-of-way will require temporary easements. 18. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. 19. The applicant has submitted drainage calculations for the site; however, additional information is still needed. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10 -year, 24-hour storm event. 20. Draintile will be required in back of the curb on the public street. 21. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 22. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 23. The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. 24. Private easements are required for the existing and proposed services to neighboring parcels that are outside of the right-of-way. 0 0 Burlwood Addition September 16, 2003 Page 17 5%ree�' 25. A 30 -foot wide private d4vevray easement is required for the private *iVewhich serves Lots 1-4, Block 1. In addition, the driveway must be constructed to a 7 -ton design. The developer will be required to provide inspection reports verifying this. 26. End the right-of-way for the new street at the edge of the existing private driveway easement. Also, deed the land for the future street right-of-way to the City. 27. Vacate the existing public utility easement in the area of the new street. 28. Additional information and detail must be added to the plans to show how the stormwater from the temporary cul-de-sac will be handled. 29. A public drainage and utility easement is required over the proposed pond. 30. A watermain and sanitary sewer lateral connection charge will be due for Lot 6, Block 1 at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. pro ra}ed ff3l-Afinancial security must be supplied to the City to cover the cost of the future street xtension and removal of the existing private street to the south. r32. Additional right-of-way will need to be platted to achieve a total of 40 -feet from the centerline of Lake Lucy Road. 33. Building Official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. c. Demolition permits must be obtained before demolishing any structures. d. The homes located at 6648 and 6650 Powers Blvd. will require address changes as they will be accessed from a different street. 34. Fire Marshal conditions: a. A 10 -foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Excel Energy, 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. • Burlwood Addition September 16, 2003 Page 18 C� b. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Submit turn- around dimensions to City Engineer and Fire Marshal for review and approval. Exception: Fire Marshal is authorized to increase the dimension of 150 feet where 1) the buildings are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Fire Code. c. Block 1 and 2 — Streets will be required to have street names. Submit names to Chanhassen Building Official and Fire Marshal for review and approval. d. No burning permits will be issued for trees/shrubs disposal. Any trees removed must be removed or chipped on site. e. Three additional fire hydrants will be required; one at the intersection of Lake Lucy and the driveway serving Block 1, one at the end of Block 1, Lot 4 near the emergency tum -around, and the third one must be installed near the temporary turn -around proposed for Block 2. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrants. F34. Approval of subdivision 03-12 shall be contingent upon approval of Wetland Alteration Permit 03-1. 35. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. 36. The applicant shall work with staff and downstream property owners to address storm water issues in this area prior to the development of Lot 1, Block 2 and the extension of the proposed street to Golden Glow Court. 37. Based on preliminary estimates, the water quality fees for the development are $4,906.00 and the water quantity fees are approximately $12,139.00. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $17,045.00. 38. 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) and comply with their conditions of app�val" 3q. Olktiots Pit-BS"A b2 Ate`ded 4o�it��`nGLto IhCWETLAND ALTERATION PERMIT: jp�C1bIItCy1h F v' t qWVAAAr The Planning Commission recommends approval of wetland alteration permit 03-1 as shown fn plans dated received August 15, 2003, with the following conditions: Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. 0 Burlwood Addition September 16, 2003 Page 19 2. 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) and comply with their conditions of approval. 3. Approval of Wetland Alteration Permit 03-1 shall be contingent upon approval of subdivision 03-12. ATTACHMENTS 1. Application, Narrative, Referral Notice and Public Hearing Notice 2. Memo from Todd Hoffman, Park & Recreation Director dated July 30, 2003 3. Memo from Steve Torell, Building Official dated August 6, 2003 4. Memo from Matt Saam, Asst. City Engineer dated September 5, 2003 5. Memo from Mark Littfin, Fire Marshal dated July 28, 2003 6. Letter from Gary Thompson, Thompson & Thompson, dated July 25, 2003 7, Tree Inventory dated July 18, 2003 8. Preliminary plat dated received August 15, 2003 1 CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 pp II DEVELOPMENT REVIEW APPLICATION APPLICANT:_n ct�ar� "4i9f2 F Ep c l%Q�eI�P^zOWNER Lorry + kgt, y {ter(,e, ADDRESS:— 3 i 4 j Sf Kati/ /4 -1 n { e ADDRESS: 6 '1 2-0 P -�e rf ('/ TELEPHONE (Daytime) l ,- TELEPHONE:_ (9Si) y7y— y7/o Comprehensive Plan Amendment _Temporary Sales Permit Conditional Use Permit Vacation of ROW/Easements Interim Use Permit J( Variance Zpp Non -conforming Use Permit �Y Wetland Alteration Permit 2 7S Planned Unit Development* Zoning Appeal Rezoning — Zoning Ordinance Amendment Sign Permits Sign Plan Review X Notification Sign :9 /7 Site Plan Review' X Escrow for Filing Fees/Attorney Cost" #y oo ($50 CUP/SPRNACNAR/WAP/Metes \/ Subdivision' and Bounds, $400 Minor SUB) p 6Do + q x r r) _ * 73$ 1 TOTAL FEE $ S 7- A list of all property owners within 500 feet of the boundaries of the property must be included with the application. C . ,_ y Building material samples must be submitted with site plan reviews. 'Twenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet. " Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. 0 0 PROJECT NAME D N r I Wo o l LOCATION 4 ?00 P& � 2 r S .Q o� 1,e v ari . 6t, r S SC4 / M Af S -T 31 7 LEGAL DESCRIPTION TOTAL ACREAGE S r /j c r l J WETLANDS PRESENT YES NO PRESENT ZONING R 5 F — S:, Ile Fa. REQUESTED ZONING RSF S 5 (e Fo -1 VQ e fes` cf Qn F a PRESENT LAND USE DESIGNATION R 1 "n ` 9 L' 0e n I \ tl--y REQUESTED LAND USE DESIGNATION ry t [ d )a L e w De AS REASON FOR THIS REQUEST_ P r (o2 ro�l�- This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either - copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. A x..4 -k Sign re ofAan U v ;�4 Signature of Fee Owner� Application Received on Fee Paid 7 —17 _.O3 Date ^/7—&3 Date Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. 0 0 HISTORY OF SUBJECT PROPERTY AND SURROUNDING AREA The history of this micro area really started when Ravis, the single family home that is adjacent to the south of the Kerber property and fronts Powers Boulevard, decided it was time to develop the property. Unfortunately, the Kerber's were not ready to sell or seriously consider development alternatives. As a result, Chanhassen completed Alternative Development Proposals for the Ravis Property and adjoining parcels (LUR File number 95-4) dated February 24, 1995. This weighed the pros and cons of various scenarios. In the end, Option "E" was determined to be the best solution. One of the main reasons was that it would eventually eliminate one access point from Powers Boulevard. This scenario was chosen. The City process resulted in a Final Plat and Development Agreement dated December 16, 1996. The development agreement states that if/when the public street/cul-de-sac is constructed in the future, access to Lots 2, 3 and 4 shall be limited to the public street/cul-de-sac and the private driveway along the south side of Lot I shall be abandoned and removed in conjunction with the project. In addition, Ravis dedicated a 50 -foot cul-de-sac easement over Lots 1 and 2. Subsequent to the Final Plat Approval from the City of Chanhassen, 3 homes were built and sold in 1999 and 2000. In addition, the developer, Ravis, sold to Carol Egyhazi in January 1999. The other properties affected by the cul-de-sac are the Christensen and Martinka parcels. Christensen bought in August of 1994 and Martinka purchased in July 1999. Given the above history and our several meetings, we are moving forward with the Option "E" that the City determined was the best scenario. It should be noted, however, that we are stopping the road short, dead -ending this street to the platted Golden Glow Court cul-de-sac due to Martinka's unwillingness to participate (sign the application). It is not possible to extend the road and connect up with the platted Golden Glow Court cul-de-sac without having a portion of the road and road right of way on Martinka's property. The road and cul-de-sac can be connected at a future date when Martinka and/or the two under -developed parcels to the south decide to subdivide. See attached development agreement that I presented to Robert Martinka. In my opinion, this agreement was more than generous and gave the Martinka's the ability to subdivide in the future, would result in the least impact to their property, preserve as much privacy as possible, and all of this at no cost to the Martinka's. He was unwilling to sign this development agreement. At this point, I have withdrawn this more than generous offer. I have also purchased 17 feet from Carol Egyhazi, parcel abutting to the south, in order to minimize the impact on the Martinka and Christensen parcels. Subsequent to 0 0 this agreement, Egyhazi rescinded the offer the day after, however, according to my attorney, it still represents a binding agreement. I do not plan to try and enforce this agreement. As a result, the future street connecting the cul-de-sac to Powers Boulevard is primarily on my/Kerber's property that is being developed. This is the situation even though Martinka and Christensen both can and will subdivide their properties. In addition, engineering has stated that I, being the developer, will be responsible for all of the cost of any road/cul-de-sac constructed, even though several people benefit (14 potential/future lots benefit with my development comprised of 5 of those benefiting lots). This cul-de-sac also adversely impacts the three southern future lots of my property due to the lots having double or triple frontage. I understand that planning can be extremely challenging when parcels develop independently, however, a parcel owner should not be penalized for waiting to develop. The land plan submitted is the most effective considering the current constraints. CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax:952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax 952.227.1170 Finance Phone: 952.227.1140 Fax: 952 2271110 Park d Recreation Phone: 952.227,1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax. 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 0 August 12, 2003 Re: Proposed Burlwood Addition Dear Property Owner: 0 This letter is to notify you that the application of Epic Development, LLC, (Larry and Kathy Kerber) requesting Preliminary Plat to replat of 3.63 acres into 9 single family lots with variances, and a wetland alteration permit, Burlwood, located at the southwest intersection of Lake Lucy Road and Powers Boulevard has been postponed from August 12, 2003 meeting and has been rescheduled for Tuesday, September 16, 2003 at 7.00 p.m. Should you have any questions, please feel free to contact me by e-mail at saliaff@ci.chanhassen.mn.us or 952-227-1134. Sincerely, Sharmeen Al-Jaff Senior Planner The City of Chanhassen • A growing community with clean lakes, quality schools, a chaining downtown, thriving businesses, winding trails, and beautiful parks. A gieal place to live, work, ark • City of Chanhassen • 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 Date: 7/24/2003 To: Development Plan Referral Agencies From: Planning Department By: Sharmeen Al-Jaff, Senior Planner Subject: Preliminary Plat to replat of 3.63 acres into 9 single family lots with variances, and a wetland alteration permit, Burlwood, Epic Development, LLC, located at the southwest intersection of Lake Lucy Road and Powers Boulevard. Planning Case: 2003-12 SUB The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 18, 2003. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 19, at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 8, 2003. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments rty Engineer City Attorney J ity Park Director ire Marshal uilding Official Water Resources Coordinator 2. WateWhed District Engineer tooil Conservation Service 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers (/ 6} Minnegasco 7. MN Dept. of Natural Resources IPTelephone Company (US West or United) Olectric Company (Excel Energy or MN Valley) &Triax Cable System 11. U. S. Fish and Wildlife Cprver County (.;J Engineer b. Environmental Services 13. Other - 14. Smooth Feed SheetsTM AMES ERIK & PATRICIA JOHANSON HELEN JACQUES 500 PEACEFUL LN C/O A SUZETTE LEIZINGER :HANHASSEN MN 55317 16010 EXCELSIOR BLVD MINNETONKA MN 55345 :ARVER COUNTY RONNIE K & TERESA M HAGEN :ARVER COUNTY GOVT CTR -ADMIN 1200 LAKE LUCY RD ;00 4TH ST E CHANHASSEN MN 55317 ,HASKA MN 55318 3EDDOR ENTERPRISES LP JOHN P & BARBARA J SPIESS '951 POWERS BLVD 6610 ARLINGTON CT :HANHASSEN MN 55317 CHANHASSEN MN 55317 rERRANCE E & DEBRA J BLACK CITY OF CHANHASSEN 1511 WELSLEY CT C/O BRUCE DEJO :HANHASSEN MN 55317 7700 MARI D PO BOX 147 CH A SEN MN 55317 FHOMAS M & DEBRA J GIVEN CHRISTOPHER SCOTT EIMAN 3521 WELSLEY CT 1206 LAKE LUCY RD "HANHASSEN MN 55317 CHANHASSEN MN 55317 SUSAN K ARNDT MICHAEL A WANNER & 3520 WELSLEY CT SCOTT HEGEL CHANHASSEN MN 55317 1180 LAKE LUCY RD CHANHASSEN MN 55317 MARY ELIZABETH MARTIN JEFFREY ROBERT SMITH & 5620 ARLINGTON CT CAROLYN WELDON SMITH CHANHASSEN MN 55317 6601 ARLINGTON CT CHANHASSEN MN 55317 E SAMUEL CHASE III i ISYLVESTER & MARY ROERICK 6621 ARLINGTON CT 6600 ARLINGTON CT CHANHASSEN MN 55317 CHANHASSEN MN 55317 TODD W & TERESA E DECKARD CHARLES E & LAURAL R JOHNSON 6611 ARLINGTON CT 1100 LAKE LUCY RD CHANHASSEN MN 55317 CHANHASSEN MN 55317 NICHOLAS M & JUDY A JACQUES CITY OF CHANHASSEN 1214 LAKE LUCY RD C/O BRUCE DEJO CHANHASSEN MN 55317 7700 MARKET DPO BOX 147 r-HANHASBEK MN 55317 ��AVERYO Address Labels • Use template for 51600 JON G & LAURIE P STECKMAN 1215 LAKE LUCY RD CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 PETER J & CYNTHIA L MILLER 6605 MULBERRY CIR E CHANHASSEN MN 55317 PAUL D & ANNE M KAPSNER 6635 MULBERRY CIR E CHANHASSEN MN 55317 KEVIN L ANDVIK & TONETTE F CLINE-ANDVIK ,!6606 MULBERRY CIR E CHANHASSEN MN 55317 DUANE H & MONA R UDSTUEN 6636 MULBERRY CIR E CHANHASSEN MN 55317 LESTER F III & JUDY L BOLSTAD 1101 LAKE LUCY RD CHANHASSEN MN 55317 ROBERT MYRON AHRENS JR & PATRICIA M AHRENS 1081 LAKE LUCY RD CHANHASSEN MN 55317 THOMAS K & ANNE H MCGINN 1121 LAKE LUCY RD CHANHASSEN MN 55317 SCOTT J & JESSICA FREDRICKSON 6681 POWERS BLVD CHANHASSEN MN 55317 Laser 51600 Smooth Feed SheetsTM )AVID M & COLLEEN B RONNEI 3666 MULBERRY CIR E ;HANHASSEN MN 55317 )AVID F SMITH & AURA L FRANZEN-SMITH 3770 KELSEY DR EXCELSIOR MN 55331 JEFFREY N & MELISSA A ELDER 6696 MULBERRY CIR E CHANHASSEN MN 55317 STEVEN J & DEBORAH MANNING 6687 MULBERRY CIR E CHANHASSEN MN 55317 Use template for 51600 .ANDREW B & SUSAN L AKINS '6699 MULBERRY CIR E (CHANHASSEN MN 55317 I DAVID P SMITH & JULIA A SIMENSON-SMITH 6724 POWERS BLVD CHANHASSEN MN 55317 31TY OF CHANHASSEN CITY OF CHANHASSEN "RUSSELL G KOHMAN :IO BRUCE DEJONG C/O BRUC�E�' 6730 POWERS BLVD 7700 MARKET PO BOX 147 7700 MA BLVD PO BOX 147 !CHANHASSEN MN 55317 HANHA MN 55317 CHA ASSEN MN 55317 AYTON B & MADELYN L PAINE PAUL A & SHERYLL A KREUTER KEVIN L & JULIE A GRAFFT 1092 SHENENDOAH CIR 1090 CARVER BEACH RD :.6726 POWERS BLVD HANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 ROBERT R & ETHELYN CHRISTENSEN 'BRUCE & JULIE MAYER I WILLIAM & JULIEANN INFANGER 3648 POWERS BLVD 6693 MULBERRY CIR E 6740 POWERS BLVD HANHASSEN MN 55317 !CHANHASSEN MN 55317 '!CHANHASSEN MN 55317 AWRENCE & KATHLEEN KERBER MICHAEL J CUCCIA & PALLAR NGEP & 3420 POWERS BLVD MARGARET J CUCCIA ICHANTHAN HOUR HANHASSEN MN 553176722 POWERS BLVD !6770 CHAPARRAL LN CHANHASSEN MN 55317 !;CHANHASSEN MN 55317 I JENNIE A HAYS CAROL J EGYHAZI REMIGIJUS KLYVIS 3691 POWERS BLVD 6720 POWERS BLVD '6780 CHAPARRAL LN HANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 RICHARD C ERSBO ROY R & JACQUELINE B ANDERSON JEFFREY W & LAURA A BROS 3665 MULBERRY CIR E 6695 MULBERRY CIR E 6771 CHAPARRAL LN HANHASSEN MN 55317 'ICHANHASSEN MN 55317 CHANHASSEN MN 55317 ROBERT E & DIANE L MARTINKA (RUSSELL J & BONNIE G SIAKEL STEVEN L & PATRICIA A PAUL 3650 POWERS BLVD 6703 MULBERRY CIR E 1031 CARVER BEACH RD HANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 MATTHEW G & LISA L KLING CITY OF CHANHASSEN WILLIAM R & JEAN K TOUPIN 3683 MULBERRY CIR C/O BRUCE DE 6781 CHAPARRAL LN HANHASSEN MN 55317 7700 MA LVDPO BOX 147 CHANHASSEN MN 55317 CHA SSEN MN 55317 B7 AVERY® Address Labels Laser 51600 NIPICE OF PUBLIC HEARIA CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, AUGUST 19, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Burlwood Addition APPLICANT: Epic Development, LLC LOCATION: 6700 Powers Blvd. NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Epic Development, LLC, is requesting Preliminary Plat to replat of 3.63 acres into 9 single family lots with variances, and a wetland alteration permit, Burlwood, located at the southwest intersection of Lake Lucy Road and Powers Boulevard. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1134 or e-mail saljaff @ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on August 7, 2003. U 01 ®0915 easel • .qel ssaiPPV ®A?J13AVs JAMES P MANDERS 3791 CHAPARRAL LN allANHASSEN MN 55317 3RENT & KARLA W ENNERSTROM ' 3790 CHAPARRAL LN --HANHASSEN MN 55317 3ERALD A JR & DENISE M FEDIE 3800 UTICA CIR -HANHASSEN MN 55317 ROBERT J BOE as' 5801 UTICA CIR' CHANHASSEN MN 55317 If 1 +s� MATTHEW H & SANDRA L HARDY 3800 CHAPARRAL LN --HANHASSEN MN 55317 fOA . i i € � 717r," s i �y j01 midwal asn .09LS Smooth Feed SheetsTM • AMES ERIK & PATRICIA JOHANSON 500 PEACEFUL LN :HANHASSEN MN 55317 :ARVER COUNTY ;ARVER COUNTY GOVT CTR -ADMIN ;00 4TH ST E :HASKA MN 55318 SEDDOR ENTERPRISES LP '951 POWERS BLVD :HANHASSEN MN 55317 "ERRANCE E & DEBRA J BLACK 1511 WELSLEY CT ;HANHASSEN MN 55317 -NOMAS M & DEBRA J GIVEN ;521 WELSLEY CT ;HANHASSEN MN 55317 !USAN K ARNDT ;520 WELSLEY CT ;HANHASSEN MN 55317 AARY ELIZABETH MARTIN i620 ARLINGTON CT HANHASSEN MN 55317 SAMUEL CHASE III 5621 ARLINGTON CT :HANHASSEN MN 55317 FODD W & TERESA E DECKARD i611 ARLINGTON CT HANHASSEN MN 55317 JICHOLAS M & JUDY A JACQUES 1214 LAKE LUCY RD HANHASSEN MN 55317 HELEN JACQUES C/O A SUZETTE LEIZINGER 16010 EXCELSIOR BLVD MINNETONKA MN 55345 RONNIE K & TERESA M HAGEN 1200 LAKE LUCY RD CHANHASSEN MN 55317 JOHN P & BARBARA J SPIESS 6610 ARLINGTON CT 'CHANHASSEN MN 55317 CITY OF CHANHASSEN !C/O BRUCE DEJONG 17700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 CHRISTOPHER SCOTT EIMAN 1206 LAKE LUCY RD CHANHASSEN MN 55317 MICHAEL A WANNER & (SCOTT HEGEL 1180 LAKE LUCY RD (CHANHASSEN MN 55317 JEFFREY ROBERT SMITH & CAROLYN WELDON SMITH 16601 ARLINGTON CT CHANHASSEN MN 55317 SYLVESTER & MARY ROERICK 6600 ARLINGTON CT CHANHASSEN MN 55317 CHARLES E & LAURAL R JOHNSON 1100 LAKE LUCY RD CHANHASSEN MN 55317 • Use template for 51600 JON G & LAURIE P STECKMAN '1215 LAKE LUCY RD CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 PETER J & CYNTHIA L MILLER j6605 MULBERRY CIR E "CHANHASSEN MN 55317 PAUL D & ANNE M KAPSNER 1 !6635 MULBERRY CIR E .'CHANHASSEN MN 55317 KEVIN L ANDVIK & TONETTE F CLINE-ANDVIK 6606 MULBERRY CIR E (CHANHASSEN MN 55317 it IDUANE H & MONA R UDSTUEN 16636 MULBERRY CIR E CHANHASSEN MN 55317 LESTER F III & JUDY L BOLSTAD 1101 LAKE LUCY RD CHANHASSEN MN 55317 ROBERT MYRON AHRENS JR & PATRICIA M AHRENS 1081 LAKE LUCY RD CHANHASSEN MN 55317 THOMAS K & ANNE H MCGINN 1121 LAKE LUCY RD CHANHASSEN MN 55317 CITY OF CHANHASSEN SCOTT J & JESSICA FREDRICKSON C/O BRUCE DEJONG 6681 POWERS BLVD 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 CHANHASSEN MN 55317 I//.\\ A%Mr7V® Arldrncc 1 nhnlc I'e.' cicn® Smooth Feed SheetsTm • . Use template for 51600 )AVID M & COLLEEN B RONNEI 'JEFFREY N & MELISSA A ELDER ANDREW B & SUSAN L AKINS 3666 MULBERRY CIR E 6696 MULBERRY CIR E 6699 MULBERRY CIR E :HANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 )AVID F SMITH & STEVEN J & DEBORAH MANNING DAVID P SMITH & AURA L FRANZEN-SMITH 6687 MULBERRY CIR E JULIA A SIMENSON-SMITH 5770 KELSEY DR CHANHASSEN MN 55317 ''6724 POWERS BLVD XCELSIOR MN 55331 "HANHASSEN MN 55317 CHANHASSEN MN 55317 :ITY OF CHANHASSEN CITY OF CHANHASSEN ;RUSSELL G KOHMAN '1/0 BRUCE DEJONG C/O BRUCE DEJONG " 6730 POWERS BLVD 7700 MARKET BLVD PO BOX 147 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 "HANHASSEN MN 55317 iCHANHASSEN MN 55317 AYTON B & MADELYN L PAINE PAUL A & SHERYLL A KREUTER 1092 SHENENDOAH CIR 1090 CARVER BEACH RD )HANHASSEN MN 55317 CHANHASSEN MN 55317 ROBERT R & ETHELYN CHRISTENSEN I BRUCE & JULIE MAYER 3648 POWERS BLVD 116693 MULBERRY CIR E "HANHASSEN MN 55317 ;CHANHASSEN MN 55317 AW RENCE & KATHLEEN KERBER MICHAEL J CUCCIA & A20 POWERS BLVD MARGARET J CUCCIA ;HANHASSEN MN 55317 6722 POWERS BLVD IENNIE A HAYS 3691 POWERS BLVD ;HANHASSEN MN 55317 RICHARD C ERSBO 3665 MULBERRY CIR E HANHASSEN MN CHANHASSEN MN 55317 CAROL J EGYHAZI 6720 POWERS BLVD CHANHASSEN MN KEVIN L & JULIE A GRAFFT 6726 POWERS BLVD CHANHASSEN MN 55317 ;WILLIAM & JULIEANN INFANGER 6740 POWERS BLVD CHANHASSEN MN 55317 PALLAR NGEP & CHANTHAN HOUR 16770 CHAPARRAL LN CHANHASSEN MN 55317 REMIGIJUS KLYVIS 6780 CHAPARRAL LN 55317 ,CHANHASSEN MN 55317 ROY R & JACQUELINE B ANDERSON 6695 MULBERRY CIR E 55317 CHANHASSEN MN 55317 ROBERT E & DIANE L MARTINKA 3650 POWERS BLVD :HANHASSEN MN 55317 AATTHEW G & LISA L KLING 5683 MULBERRY CIR :HANHASSEN MN 55317 RUSSELL J & BONNIE G SIAKEL 6703 MULBERRY CIR E CHANHASSEN MN 55317 I CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVD PO BOX 147 ,CHANHASSEN MN 55317 JEFFREY W & LAURA A BROS 6771 CHAPARRAL LN CHANHASSEN MN 55317 STEVEN L & PATRICIA A PAUL 1031 CARVER BEACH RD CHANHASSEN MN 55317 WILLIAM R & JEAN K TOUPIN 6781 CHAPARRAL LN CHANHASSEN MN 55317 /R AVERY® Address Labels Laser 5160® Part 8 Recreation 0 0 Phone: 952.227.1120 MEMORANDUM CITY OF property. The first is an on -street trail located along both the eastbound and Recreation center TO: Sharmeen AI-Jaff, Senior Planner CHONSEN bituminous trail located on the east side of Powers Boulevard. This is across the 7700 Market Boulevard FROM: Todd Hoffman, Director of Parks and Recreation PO Box 147 intersection of Powers Boulevard and Lake Lucy Lane. Chanhassen, MN 55317 DATE: July 30, 2003 Administration RECOMMENDATION Phone: 952 227.1100 SUBJ: Preliminary Plat; Burlwood Fax 952.227.1110 park or trail services be constructed as a part of this subdivision. In lieu of any Building Inspections I have reviewed the proposed plat for Burlwood Addition to determine if park and Phone: 952.227.1180 trail services for these future residents are currently available. My comments only Fax: 952.227.1190 address park and trail services. Any need for pedestrian sidewalks should be Engineering addressed by others. Phone: 952.227.1160 Fax: 952.227.1170 PARKS Finance This property lies within the neighborhood park service areas of both Curry Farms Phone: 952.227.1140 Park and Carver Beach Park. Fax: 952.227.1110 Part 8 Recreation TRAILS Phone: 952.227.1120 Two segments of the City's Comprehensive Trail Plan are located near this Fax: 952.227.1110 property. The first is an on -street trail located along both the eastbound and Recreation center westbound lanes of Lake Lucy Road. The second is an off-street 8 ft. wide 2310 Coulter Boulevard Phone: 952227.1400 bituminous trail located on the east side of Powers Boulevard. This is across the Fax: 952227.1404 street from the subject plat. The best crossing location for pedestrians is at the Planning A intersection of Powers Boulevard and Lake Lucy Lane. Natural Resources Phone: 952.227.1130 RECOMMENDATION Fax: 952.227.1110 With these public services in place, I am not recommending any additional public Public works park or trail services be constructed as a part of this subdivision. In lieu of any 1591 Park Road public improvements, a park dedication charge of $19,200 will be applicable at Phone: 952.227.1300 Fax: 952.227.1310 the time of platting. Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gieal place to live, work, and play. ®0915 aasel LAMES P MANDERS 1791 CHAPARRAL LN 'HANHASSEN MN 55317 3RENT & KARLA WENNERSTROM 1790 CHAPARRAL LN 'HANHASSEN MN 55317 I3ERALD A JR & DENISE M FEDIE 5800 UTICA CIR �HANHASSEN MN 55317 I ROBERT JBOE 5801 UTICA CIR "HANHASSEN MN 55317 IMATTHEW H & SANDRA L HARDY 5800 CHAPARRAL LN "HANHASSEN MN 55317 •qel ssajppv ®AU3AVG :K' b�jeuAIV Ae!d pue')porn'an0 of ould lea16 V *sjied InlOneaq pue'speil buipupn'sassouisnq 6wnpgl'umoluMop buiuuega e's!oogos pgenb'sajej uealo ql!M q!unwwoo 6wMm6 y . uassequey0 to 413 sqi poomlmg/ueld/somawM/raj; /q snvwuassequego io AWA uNS 9oM 01ll'LZZZ96:Xed SZLI LZZ'ZS6:N04d iaWaO ioluss OIEI'LZZZ96:xed OOEI'LZZ'ZS6.au04d P800 )Ped l69l spaM s!lgod 011l'LZZZS6:Xed OM EZ'Z96:auogd sa moseu leinleN -pails luaOajl!p a ueoij passooan oq IITnn ,Cage se sa2ueg3 V duluueld ssaippe annbai IIS pnlg siamod 0599 PTB 8b99 Ie palnaol samoq aqZ -b 6061'LZZZS6 Xed samlan�ls Auu 2utgsilowop aio33q paulelgo aq Isnw slluuad uorltlouiaQ -£ OOVI LZZZS6:au04d -oo ias ialnm put,iomas alniudas e glim paptnoid aq Isnw lol gaeg -Z P jaroo eea!noOo!leai 909'jUD!P]0DU •panssi oq II?^+ sl!uuod 2ulplmq aio33q uoisw(j 011l'LZZS6:OUed suon3ad a of an!w ns a lsnui sliodai tos ue sued tui I P q q I P I P lE 3 "I OZIILZZ'ZS6:auogj UONeauau q 4Jed :Sn011epu03 Olt VLZZZS6nA 2mmollo3 aql annq pun luauidolanap anoge aql io3 aqI io3 sunld agl pamarnai aneq I OVII LZZZS6:au04d usueuid OLII'LZZ'ZS6:Xed gnsZI-£OOZ :osuo2unmuld o9IILZZZS6:9uo4d 6uuaaulau3 poomlmg :io3 matnai ueld aI!S :fgflS OBIT LZZ Z96:Xed ORI 'LZZ'ZS6:auogd £OOZ 191sn2nV :glv(l suoll3adsul6u!PIInB OM LZZ'Z96:Xed Is[3<gi0 2uipling `llaioZ uanalS MONA OOII LZZZ56.au04d uo0eals!o!WPV iauueld loivaS °I3ef-Id uiuuegS :01 LIMM'UaSse4ue40 LK X00 Od wfIc1Kv)IOMW WOMB MIRVIOOLL 10lui Administration 0 0 Phone: 952.227.1100 MEMORANDUM CITYOF Land Use Review File No. 03-16 CHA NSEN TO: Sharmeen Al-Jaff, Senior Planner 7700 Markel Boulevard FROM: Matt Saam, Assistant City Engineer/iq PO Box 147 Upon review of the plans dated August 15 2003,prepared by Ryan Engineering, I Chanhassen, MN 55317 DATE: September 5, 2003 Administration Phone: 952.227.1100 SUBJ: Preliminary Plat Review of Burlwood (Kerber Property) Fax: 952.2271110 Land Use Review File No. 03-16 Building Inspections Phone: 952.227.1180 Fax: 952.227.1198 Upon review of the plans dated August 15 2003,prepared by Ryan Engineering, I Engineering offer the following comments and recommendations: Phone: 952.227.1160 Fax: 952.227.1170 GRADING/DRAINAGEIEROSION CONTROL Finance Phone: 952.227.1140 . The grading plan needs to be revised along the east side of Lot 6, Block 1 to Fax: 952.227.1110 avoid trapping stormwater against the respective housepads. Park & Recreation Phone: 952.227.1120 . The basement elevations of Lots 1 through 4, Block 1 must be a minimum of Fax: 952.227.1110 three feet above the HWL of the proposed pond. Recreation Center 2310 CoulterBoulevard Phone: 952.227.1400 . It is unclear from the plans how the applicant is proposing to handle the Fax: 952.227.1484 stormwater from the temporary cul-de-sac at the south end of the project. Additional information and detail must be added to the plans to address this. Planning d Natural Resources Phone: 952.227.1130 . The applicant is proposing an outlet overflow point to control the discharge of Fax: 952.227.1110 water from the proposed pond. This is inconsistent with current City Public works specifications and past practice. Staff is recommending that an outlet control 1591 Park Road structure be installed to control the water discharge rate from the pond. Phone:22 Further, staff is recommending that a storm sewer line be constructed from the Fax: 95252.227.13107.1310 pond outlet to Lake Lucy Road and west, approximately 350 feet, to an Senior center existing storm sewer line in Mulberry Circle. Phone: 952.227.1125 Fax: 952.227.1110 • Erosion control measures and site restoration shall be developed in accordance Web she with the City's Best Management Practice Handbook (BMPH). Staff wwe.ci.chanhasseamn.us recommends that a rock construction entrance be shown on the plans in accordance with City Detail Plate No. 5301. The City of Chanhassen • A growing community with clean lakes, quality schools, a chasing downtown, thriving businesses, winding trails, and beautilul parks. A great place to live, wok and play. 0 Sharmeen Al-Jaff September 5, 2003 Page 2 UTILITIES • According to City as -built plans, all of the proposed lots have both sewer and water stubs except Lot 6, Block 1. • There is already an existing sanitary sewer line in the area of the temporary cul-de-sac. As such, the proposed sewer line can be deleted. The underlying parcel has been previously assessed for five utility units and those assessments have been paid. Since the applicant is now proposing more units than what was previously assessed, the one additional unit will be charged a watermain and sanitary sewer lateral connection charge at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. STREETS The applicant's street layout attempts to follow a previous Council approved layout for this property and the street connection with Golden Glow Court to the south. Staff would prefer to see the entire street and cul-de-sac installed with this project instead of the temporary cul-de-sac that is proposed. However, due to the existence of a private driveway easement through the site and a small piece of right-of-way off the southwest comer of the property, the developer is unable to install the entire street. As such, staff is recommending that a financial security be supplied to the City to cover the cost of the future street extension and removal of the existing private street to the south. This is in line with the Golden Glow Acres development contract which required the street to be extended with the development of the Kerber property. Sharmeen AI-Tff • September 5, 2003 Page 3 Lake Lucy Road is designated as a collector road in the City's Comprehensive Plan and Code Book. Collector roads require 80 -feet of right-of-way or 40 - feet on each side of the roadway centerline. As such, additional right-of-way will need to be platted to achieve a total of 40 -feet from the centerline of Lake Lucy Road. RECOMMENDED CONDITIONS OF APPROVAL 1. Show all of the proposed and existing easements on the preliminary plat. 2. On the grading plan: a. Add a rock construction entrance per City Detail Plate No. 5301. b. Revise the grading on the east side of Lot 6, Block 1 to prevent trapping water near the housepads. c. Show new ditch grades in the areas where driveways will be removed. d. Show the proposed contours for the berms along Powers Boulevard. e. Show all existing and proposed easements. f. Add a benchmark to the plan. 3. On the utility plan: a. Show all proposed and existing utility easements. b. Show all existing utilities and services in the area. Also, call out the pipe type, manhole numbers, and rim/invert elevations for all existing and proposed utilities. c. Add streetlights at the intersection of Powers and the new street. d. Delete the proposed sewer line within the new street. 4. All of the existing driveway entrances to the property must be removed during construction. 5. A driveway culvert is required under the proposed street entrance to the site. A Carver County permit will also be required. 0 0 Sharmeen Al-Jaff September 5, 2003 Page 4 6. An outlet control structure is required for the proposed pond per City Detail Plate No. 3109. Also, install a storm sewer line from the pond outlet to Lake Lucy Road and west, approximately 350 feet, to an existing storm sewer line in Mulberry Circle. 7. Revise all slopes that exceed 3:1 or install a retaining wall. 8. A temporary easement is needed for the portion of the cul-de-sac that is outside of the proposed right-of-way. 9. All final construction plans must be signed by a professional engineer registered in the State of Minnesota. 10. Any work outside of the subject property or right-of-way will require temporary easements. 11. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. 12. The applicant has submitted drainage calculations for the site; however, additional information is still needed. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, stone sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10 -year, 24-hour stone event. 13. Draintile will be required in back of the curb on the public street. 14. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 15. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 16. The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. Sharmeen Al -Taff • September 5, 2003 Page 5 17. Private easements are required for the existing and proposed services to neighboring parcels that are outside of the right-of-way. 18. A 30 -foot wide private driveway easement is required for the private drive which serves Lots 1-4, Bl. 1. In addition, the driveway must be constructed to a 7 -ton design. The developer will be required to provide inspection reports verifying this. 19. End the right-of-way for the new street at the edge of the existing private driveway easement. Also, deed the land for the future street right-of-way to the City. 20. Vacate the existing public utility easement in the area of the new street. 21. Additional information and detail must be added to the plans to show how the stormwater from the temporary cul-de-sac will be handled. 22. A public drainage and utility easement is required over the proposed pond. 23. A watermain and sanitary sewer lateral connection charge will be due for Lot 6, Bl. 1 at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. 24. A financial security must be supplied to the City to cover the cost of the future street extension and removal of the existing private street to the south. 25. Additional right -0f -way will need to be platted to achieve a total of 40 -feet from the centerline of Lake Lucy Road. jms c: Teresa Burgess, City Engineer/Public Works Dir. g:\eng\proje u\burlwood\revised ppr.dm The CRy of Ckanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A geat place to live, work, and play. ❑C�I�T�Y�OpF CI1ff11IlHk)SEN MEMORANDUM 7700 Market Boulevard PO Box 147 TO: Sharmin Al-Jaff, Senior Planner Chanhassen, MN 55317 Administration FROM: Mark Littfin, Fire Marshal Phone: 952.227.1100 Fax. 952.227.1110 DATE: July 28, 2003 Building Inspections Phone: 952.227.1180 SUBJECT: Preliminary plat to re -plat a 3.63 acres into nine Fax: 952.227.1190 single family lots with variances, and a wetland Engineering alteration permit, Burlwood, Epic Development, Phone: 952227.1160 LLC, located at the southwest intersection of Lake Fax: 952227.1170 Lucy Road and Powers Boulevard. Finance Phone: 952227.1140 Planning Case: 2003-12 SUB Fax: 952227.1110 Park & Recreation I have reviewed:the preliminary plat for the above project. In order to comply with the Phone: 952227.1120 Chanhassen Fire Department/Fire Prevention Division, I have the following fire code Fax: 952.227.1110 or city ordinance/policy requirements. The plan review is done based on the available Recreation Center information submitted at this time. If additional plans or changes are submitted, the 2310 Coulter Boulevard appropriate code or policy items will be addressed. Phone: 952.227.1400 Fax: 952.227.1404 1. Three additional fire hydrants will be required. One at the intersection of Lake Planning a Lucy Road and the driveway serving Block 1; one at the end of the driveway Natural Resources Phone: 952.227 1130 2.2271130 serving Block 1 and one at the intersection of County Road 17 and the road f ax: 952.227.1110 serving Block 2. Public works 2.. A 10 -foot clear space must be maintained around fire hydrants, Le, street lamps, 1591 Park Road Phone: 952227.1300 trees, shrubs, bushes, Qwest, Excel Energy, Cable TV and transformer boxes. Fax: 952 227.1310 This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. Senior Cerner Phone: 952.227.1125 Fax: 952.227.1110 3. Fire apparatus access roads shall have an unstructured width of not less than 20 feet. Pursuant to Uniform Fire Code Section 503.2.1. Web Site wwwachanhassennn.us The CRy of Ckanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A geat place to live, work, and play. 0 Sharmin Al-Jaff July 28, 2003 Page 2 0 4. Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Submit tum around dimensions to City Engineer and Fire Marshal for review and approval. Exception: The Fire Marshal is authorized to increase the dimension of 150 feet (45720 mm) where: 1. The buildings are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Fire Code. 5. Block 1 and 2 — Streets will be required to have street names. Submit names to Chanhassen Building Official and Fire Marshal for review and approval. 6. No burning permits will be issued for tree/brush disposal. Any trees removed must be removed or chipped on site. gAsafety\nHpIm2003-12 July 25, 2003 Ms. Sharmeen Al-Jaff City of Chanhassen 7700 Market Boulevard Post Office Box 147 Chanhassen, Minnesota 55317 RE: Richard Ragatz Development 6700 Powers Boulevard My Client: Robert Martinka My File No.: 1111-1 Phone 952-474-3221 Fax 952-474-2575 My client, Robert Martinka, who lives at 6650 Powers Boulevard has spoken to be me about a proposed development on the adjoining property. He has shown me the Abstract of Title to his property which includes an easement about which he wishes me to advise the city and the developer. There is a permanent easement for ingress and egress described between the Martinka property and Powers Boulevard which crosses the proposed Lot 1, Block 2, the proposed street and the proposed Outlots A and B as shown on Mr. Ragatz' most recent drawings. This easement is perpetual and is not released without the consent of Mr. & Mrs. Martinka and any mortgage lien holder on their property. At the very least, Lot 1, Block 2 will remain encumbered by this easement through the middle of the proposed building site. The Martinkas do suggest an adjustment to the proposed plan which would narrow the east -west portion of the proposed roadway such that Lots 1, 2 and 3 could be 15,000 square foot lots. The narrower roadway would also keep it further away from the Martinka boundary. If such a thirty foot roadway access would have to be a private road, we feel the city would benefit by allowing such a private road if it could avoid substandard lots for Lots 1, 2, and 3. Mr. Martinka is GAT:rks ,ady to discuss this idea further with the city or with Mr. Ragatz. cc: Richard Ragatz Robert Martinka (via facsimile 952-401-3836) RECEIVE JUL u 8 2003 CITY OF CHANHASSEN • • THOMPSON&THOMPSON LAW OFFICE Gary A. Thompson' PLLP Kay M. Thompson 17717 Highway Seven Minnetonka, MN 55345 Pcoper • Read q La. Speaeliot Certified by Minnesota State Bac Assxlafion July 25, 2003 Ms. Sharmeen Al-Jaff City of Chanhassen 7700 Market Boulevard Post Office Box 147 Chanhassen, Minnesota 55317 RE: Richard Ragatz Development 6700 Powers Boulevard My Client: Robert Martinka My File No.: 1111-1 Phone 952-474-3221 Fax 952-474-2575 My client, Robert Martinka, who lives at 6650 Powers Boulevard has spoken to be me about a proposed development on the adjoining property. He has shown me the Abstract of Title to his property which includes an easement about which he wishes me to advise the city and the developer. There is a permanent easement for ingress and egress described between the Martinka property and Powers Boulevard which crosses the proposed Lot 1, Block 2, the proposed street and the proposed Outlots A and B as shown on Mr. Ragatz' most recent drawings. This easement is perpetual and is not released without the consent of Mr. & Mrs. Martinka and any mortgage lien holder on their property. At the very least, Lot 1, Block 2 will remain encumbered by this easement through the middle of the proposed building site. The Martinkas do suggest an adjustment to the proposed plan which would narrow the east -west portion of the proposed roadway such that Lots 1, 2 and 3 could be 15,000 square foot lots. The narrower roadway would also keep it further away from the Martinka boundary. If such a thirty foot roadway access would have to be a private road, we feel the city would benefit by allowing such a private road if it could avoid substandard lots for Lots 1, 2, and 3. Mr. Martinka is GAT:rks ,ady to discuss this idea further with the city or with Mr. Ragatz. cc: Richard Ragatz Robert Martinka (via facsimile 952-401-3836) RECEIVE JUL u 8 2003 CITY OF CHANHASSEN BURLWOOD TREE INVENTORY 7/18/03 - PA GE 1 N0. 517F/TYPE SAVED LOST NSP NO. SIZE TYPE SALVED LOST ZRANSEL 602 7" ASH X 0 560 603 10" MAPLE X p C 562 604 4' ASH X N a y0 563 605 6' ASH X M -- U 564 606 6' ASH X O 565 24" MAPLE X 607 606 6" ASH 6" ASH X X 566 24" MAPLE X 567 22' MAPLE X 609 8" MAPLE X m 558 22" PINE X 610 6" ASH X _ 1 S69 10" PINE X 611 6,2 2' MAPLE A. X X N 570 8` MAPLE X 613 ,ASH 8" ASH X N571 6" ASN 614 4" ASH X 572 12' ASH X 615 4" ASH X �j 573 18' MAPLE X 616 4" ASH X 574 18" MAPLE X 617 6" ASH X 576 12" AH X 618 10" MAPLE X S' 577 5" ASH X X 619 620 46" OAK X X CJ 578 2" ASH 579 10" ASH X 621 X 580 X 622 6" MAPLE X 581 12' ASH X 623 12' ASH X 5B2 18" ASH X 624 1B" ASH X 583 14" ASH X 625 12" MAPLE X _ ` 5114 585 14' ASH X 626 627 6' MAPLE 12" ASH X X 586 8" MAPLE X 628 6" MAPLE X 587 6" ASH X 629 4" ASH X 588 12" MAPLE X 630 3" ASH X - ((631 5898* 3" MAPLE X 1� 590 4" ASH X 632 14" ASH X 591 10" MAPLE X 633 20" MAPLE X m 592 12" MAPLE X 634 16" ASH X m 593 635 4" ASH X N '2 594 6" ASH X 636 4" ASH X o 595 10' MAPLE X 637 4" ASH X 596 10" MAPLE X 638 8" MAPLE X (� 597 12" MAPLE X 639 24" ASH X 598 8" MAPLE X 640 4" ASH X 0 m 599 641 4" ASH X 600 B" MAPLE X 642 B" ASH X 601 18" ASH X 643 6" ASH X N BURLWOOD TREE INVENTORY 7/18/03 - PA GE 2 SAVEL) LOST %KAiySYL X X X X r; X X X X X X NO. S/ZE TYPE SAVED LOST TPA NSPL NO. SIZE TYPE 0 644 6" MAPLE X 686 687 5" ASH 8" ASH 645 6' MAPLE x 688 0 646 B" MAPLE x 689 4" ASH m 647 8" MAPLE x 690 12; MAPLE m 648 10' MAPLE x 691 12 MAPLE 649 14" MAPLE x 692 650 10" MAPLE x 693 12' MAPLE 651 6" ASH x 694 8" MAPLE 652 12" MAPLE x 695 14" MAPLE 653 tj' MAPLE x 696 10" ASH 654 4 MAPLE X x 697 10' ASH 655 6' ASH x 698 12" ASH 656 12" MAPLE x 699 12' ASH 657 6' ASH X 700 6" ASH 658 10" MAPLE 701 4" PINE 659 12' MAPLE X 702 6" PINE 660 6" ASH X 703 6" PINE 661 3" ASH X 704 6' PINE 662 14" MAPLE X 705 6" PINE 663 18" ASH X 706 6" PINE 664 8" MAPLE X 707 6" PINE 665 22" ASH X 708 6" PINE 666 16" ASH X 709 6' PINE 667 48" PAK X 710 6' PINE 668 6" ASH X 711 6" PINE 669 10" MAPLE X 712 6' PINE 670 12" ASH X 713 6" PINE 671 12" ASH X 714 6" PINE 672 12" ASH x 716 6" PINE 673 12" ASH X 717 6' PINE CL 674 6" ASH X 718 6" PINE m675 m 6" MAPLE x X 719 6" PINE 676 8" MAPLE 720 6" PINE N ° 677 10" MAPLE X 721 6' PINE 678 10" MAPLE X 722 6" PINE m 679 12' MAPLE X 723 8' PINE 0 680 10" MAPLE x x 724 60 PINE 0 681 6" MAPLE x 72725 5 6" PINE 682 6" ASH 4" PINE 683 8" ASH x x 727 6' PINE 684 6" ASH 728 6" PINE 685 6" ASH SAVEL) LOST %KAiySYL X X X X r; X X X X X X m BURLWOOD TREE INVENTORY 7/18/03 - PAGE 3 NO. 771 N0. SIZE E SAVED LOST 7KANS � 0 729 64 PINE x 8" CD 730 8" PINE x PINE N 731 4' PINE PINE x ° 732 6" PINE 777 X PINE 733 6' PINE 6' PINE 779 734 6' PINE PINE x 6" 735 4' PINE x m 736 4' PINE x 737 6" PINE x 6' PINE x 738 39 8' PINE x 740 8' PINE x 741 8" PINE x 742 8' PINE x 743 4" PINE x 744 8' PINE x 745 6" PINE x 746 6' PINE x 747 12" PINE x 748 10" PINE x 749 6' PINE x 750 8" PINE x 751 10" PINE x 752 14" PINE x • 753 6' PINE x 754 6" PINE x 755 6' PINE x 756 4" PINE x 757 6" PINE x 758 6" PINE x a 759 6" PINE x m 760 8" PINE x m 761 6' PINE x v 762 6" PINE x ° 763 6" PINE x m 764 10" PINE x ° 765 6" PINE x 0 766 6" PINE x m 767 6" PINE x 768 6" PINE x 769 6" PINE x 770 6" PINE x NO. 771 6" PINE 772 4" PINE 773 8" PINE 774 6" PINE 775 6' PINE 776 6" PINE 777 6' PINE 778 6' PINE 779 6" PINE 780 6" PINE SAVED LOST TP4N$Pl x TOTAL CALIPER INCHES ON SITE TOTAL CALIPER INCHES SAVED TOTAL CALIPER INCHES LOST 1814 1373 (76x) 441 (24%) Burlwood Addition September 16, 2003 Page 14 VARIANCE FINDINGS See. 18-22. Variances. The city council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: (1) The hardship is not a mere inconvenience; (2) The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; (3) The condition or conditions upon which the request is based are unique and not generally applicable to other property; (4) The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Finding: Based upon the analysis within the background section of the report, it is possible to serve the site through a public sheet; however, by doing so, site grading and the dependence on other property owners increases. The applicant's request is fairly reasonable. As to the 50 foot right-of-way width, it is in keeping with the existing right-of-way for Golden Glow Court. Based upon these findings, staff is recommending approval of this variance. RECOMMENDATION Staff recommends the Planning Comin scion adopt the following motions: PRELIMINARY PLAT "The Planning Commission recomarrids approval of the preli ninary plat for Subdivision #03-12 for Burlwood Addition for 7 lots and two outlots with variances to allow a private street and a 50 foot right-of-way as shown on the plans received August 15, 2003, subject to the following conditions: 1. Applicant shall revise landscape plan to show a mimmurn of 63 51 trees to be planted 2. A minimiun of three deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits on Lots 1-4 and 6, Block 1 prior to any grading. 5. All transplanted evergreens must be warranted for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. 9 0 Burlwood Addition September 16, 2003 Page 15 7. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. 8. Show all of the proposed and existing easements on the preliminary plat. 9. On the grading plan: a. Add a rock construction entrance per City Detail Plate No. 5301. b. Revise the grading on the east side of Lot 6, Block 1 to prevent trapping water near the bousepads. C. Show new ditch grades in the areas where driveways will be removed. d. Show the proposed contours for the berms along Powers Boulevard. e. Show all existing and proposed easements. f. Add a benchmark to the plan. 10. On the utility plan: a. Show all proposed and existing utility easements. b. Show all existing utilities and services in the area Also, call out the pipe type, manhole numbers, and rmi/mvert elevations for all existing and proposed utilities. C. Add streetlights at the intersection of Powers Blvd. and the new street. d. Delete the proposed sewer lime within the new street. 11. AD e€ the northerly existing driveway entrances to the property must be removed during construction. 12. A driveway culvert is required under the proposed street entrance to the site. A Carver County permit will also be required. 13. An outlet control structure is required for the proposed pond per City Detail Plate No. 3109. Also, install a storm sewer lime from the pond outlet to Lake Lucy Road and west, approximately 350 feet, to an existing storm sewer lime in Mulberry Circle. 14. Revise all slopes that exceed 3:1 or install a retaining wall 0 0 Burlwood Addition September 16, 2003 Page 16 15. A temporary easement is needed for the portion of the cul-de-sac that is outside of the proposed right-of-way. 16. All final construction plans must be signed by a professional engineer registered in the State of Minnesota. 17. Any work outside of the subject property or rigbt-of-way will require temporary easements. 18. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval 19. The applicant has submitted drainage calculations for the site; however, additional information is still needed. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10 -year, 24-hour storm event. 20. Draintile will be required in back of the curb on the public street. 21. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 22. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 23. The basement elevations of Lots 1 tbrough 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. 24. Private easements are required for the existing and proposed services to neighboring parcels that are outside of the right-of-way. 25. A 30 -foot wide private driveway easement is required for the private drive which serves Lots 1-4, Block 1. In addition, the driveway must be constructed to a 7 -ton design. The developer will be required to provide inspection reports verifying this. 0 0 Burlwood Addition September 16, 2003 Page 17 26. End the right-of-way for the new street at the edge of the existing private driveway easement. Also, deed the land for the future street right-of-way to the City. 27. Vacate the existing public utility easement in the area of the new street. 28. Additional information and detail must be added to the plans to show how the stormwater from the temporary cul-de-sac will be handled. 29. A public drainage and utility easement is required over the proposed pond. 30. A watermain and sanitary sewer lateral connection charge will be due for Lot 6, Block 1 at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876hmit and the SAC fee is $1,275/unit. 31. A financial security must be supplied to the City to cover the cost of the future street extension and removal of the existing private street to the south. 32. Additional right-of-way will need to be platted to achieve a total of 40 -feet from the centerline of Lake Lucy Road. 33. Building Official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. c. Demolition permits must be obtained before demolishing any structures. d. The homes located at 6648 and 6650 Powers Blv& will require address changes as they will be accessed from a different street. 34. Fire Marshal conditions: a. A 10 -foot clear space must be maintained around fire hydrants, Le. street lamps, trees, shrubs, bushes, Qwest, Excel Energy, 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. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Submit turn- around dimensions to City Engineer and Fire Marshal for review and approval E Burlwood Addition September 16, 2003 Page 18 0 Exception: FIre Marshal is authorized to increase the dimension of 150 feet where 1) the buildings are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Fire Code. c. Block 1 and 2 — Streets will be required to have street names. Submit names to Chanhassen Building Official and Fire Marshal for review and approval d. No burning permits will be issued for treestshrubs disposal Any trees removed must be removed or chipped on site. e. Three additional fire hydrants will be required; one at the intersection of Lake Lucy and the driveway serving Block 1, one at the end of Block 1, Lot 4 near the emergency turn -around, and the third one must be installed near the temporary tum -around proposed for Block 2. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrants. 34. Approval of subdivision 03-12 shall be contingent upon approval of Wetland Alteration Permit 03-1. 35. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. 36. The applicant shall work with staff and downstream property owners to address storm water issues in this area prior to the development of Lot 1, Block 2 and the extension of the proposed street to Golden Glow Court. 37. Based on preliminary estimates, the water quality fees for the development are $4,906.00 and the water quantity fees are approximately $12,139.00. At this time, the estimated total SWMP fee, due payable to the City at the tune of final plat recording, is $17,045.00. 38. 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) and comply with their conditions of approval. 39.Outlots A and B shall be deeded to the City to facilitate flexibility in future road alignment." WETLAND ALTERATION PERMIT: The Planning Commi sion recommends approval of wetland alteration permit 03-1 as shown in plans dated received August 15, 2003, with the following conditions: Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. 2. The applicant shall apply for and obtain permits finm the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency) and comply with thein conditions of approval CITY OF 4s17 CI3ANHASSEN LW L STAFF REPORT 1PDATE: 9/16/03 CC DATE: 10/13/03 Review Deadline: 10/14/03 CASE #: 03-12 SUB 03-1 WET By: A]-Jaff:v PROPOSAL: Preliminary Plat to Subdivide 5.17 Acres into 7single family lots and two outlots with a Variance to allow a private street, a 50 foot right-of-way, and a Wetland Alteration Permit to fill a wetland, Burlwood Addition LOCATION: Southwest of the intersection of Lake Lucy Road and Powers Boulevard. APPLICANT: Richard Ragatz Larry and Kathy Kerber Epic Development, LLC. 6420 Powers Boulevard 3441 St. Paul Avenue Chanhassen, MN, 55317 Minneapolis, MN 55416 (952) 47411710 (612) 730-2814 PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential -Low Density (Net Density 1.2 - 4.0 units per acre) ACREAGE: 5.17 acres DENSITY: 1.3 Units per Acre Gross 2.0 Units per Acre Net SUMMARY OF REQUEST: Subdivision of 5.17 acres into 7 single family lots, wetland alteration to fill a wetland, and a variance to allow a private street to serve four homes. Notice of this public hearing has been mailed to all property owners within 500 feet. Staff is recommending approval of the request. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. The City's discretion in approving or denying a wetland alteration permit is limited to whether or not the proposed alteration meets the standards outlined in the wetland conservation act and the city's wetland ordinance. If it meets these standards, the City must approve the wetland alteration. This is a quasi-judicial decision. 0 Burlwood Addition September 16, 2003 Page 2 BACKGROUND 0 The history of this area started when Mr. Ravis, the single family home located south of the Kerber property and fronts on Powers Boulevard, decided to develop the property. The Kerber's were not ready to sell or seriously consider development alternatives. As a result, City staff completed Alternative Development Proposals for the Ravis Property and adjoining parcels dated January 30, 1995. The owner of the property proposed a private street to serve four homes. Staff evaluated the site and recommended the use of a public street. We also proposed to examine the surrounding area, potential for development, and services to those properties. All options maintained existing home sites. Mr. Kerber's "Twins" garage is removed in all options. Dashed lines represent existing property lines. Solid lines represent proposed lot lines. Utilities would be able to be extended to each option; however, Option E would require less utility and street construction. Each alternative included pros and cons. The following is a summary of these alternatives: OPTION A This option develops the northerly portion of the site with public street (assumes Ravis subdivision proposal over the south half). Pros - City street - Utilizes properties to their full potential - Adequate intersection spacing on Lake Lucy Road - Access limited to Lake Lucy Road - Allows for Berming along Powers Boulevard and Lake Lucy Road Cons - Requires properties to be consolidated and replatted - Tree loss - Significant grading/filling - Rear yards against Powers Boulevard - House type, mostly ramblers versus walkouts - Still requires private driveways to serve parcels to the south 16 Z e 16 yI r14 1 G *3 1.9 10 i Mertl ��T9 I� 0 0 Burlwood Addition September 16, 2003 Page 3 OPTION B This option is similar to Option A, but extended to service all parcels. Pros Basically the same as Option A except serves all the parcels. - City Street - Utilitizes properties to their full potential - Adequate intersection spacing on Lake Lucy Road - Provides room for berming along Powers Boulevard - Access limited to Lake Lucy Road Cons Same as Option A, but this option does not need private streets. - Becomes a long (1075') cul-de-sac with one access point OPTION C Pros - Same as Options A and B except allows two access points and the long cul-de-sac is reduced in half. Cons Same as Options A and B except the long cul-de-sac is resolved. 2. 23 Slee n )3� 21 5 20 Christens n 19 B 7 "- 119 Ma i1.17 e ,o 4(ohman 11 14 lIManger 12 , 13 gvML 23 221 !�3 ' r2. 1 5 r1.ao` 16 � T Aladiolta_ I16 16...1 t r--� Kohma 11 1419 F —+— -13 12 In/ 9 4~ [ 0 0 Burlwood Addition September 16, 2003 Page 4 OPTION D Basically the same as Option B, except access is from Powers Boulevard and Lot 6 would have access on to Lake Lucy Road. Pros- - City street - Utilizes properties to their full potential - Adequate intersection spacing on Powers Boulevard - Provides room for berming along Powers Boulevard and lake Lucy Road. Cons - Requires properties to be consolidated and replatted - Tree loss - Significant grading/filling - Rear yards against Powers Boulevard - House type mostly ramblers versus walkouts g 5 1y � C�.* j 13 I n j is•i""s�y-I I ,n �id.nn>� a� e n7I7 f oJrrovA OPTION E This option combines the use of private and public streets to develop the site. Least disruptive to existing features and also allows for the area to develop, for the most part, independently of each other. Pros Minimizes site grading/filling and tree loss; retains existing topographic features for the most part - Provides a mixture of house types, i.e. walkout, rambler, etc. - Allows for parts of the area to develop independently of the rest - Provides public street access - Curb cuts align with or across from existing driveways - Adequate intersection spacing - Room for berming along Powers Boulevard and Lake Lucy Road - Maintains use of existing driveways - Most likely the most feasible from an economic standpoint - Eliminates long dead-end cul-de-sac Cons - Still requires two or more parcels to replat in order to develop layout V - I L fu 1 '1 2 2 3 r 3 k tetITnan � 4 .eine, 7 5 5 hristenso 8—_S• i itaneoN I (( 21 a...e 9 x'11 '—JI' =041- arhnka 20 C; 10 4r mss: t8 � 11 f2.18 12 '11 'han '16 13 i 74 njer ' i1� 0 0 Burlwood Addition September 16, 2003 Page 5 Ultimately, option E was selected. As mentioned earlier, the Kerbers were not considering development at the time. As such, the public street could not be constructed. The City Council approved the development of the Ravis Property (Golden Glow Acres). The development consisted of 4 lots served via a private street. As part of the Golden Glow Acres, the Right -of -Way for the bubble of a cul-de-sac was dedicated The intent was to facilitate the future construction of the street. If the street was built, the intent was to close off the private street access on Powers Boulevard and redirecting traffic to the cul-de-sac. PROPOSALJSUNIMARY The applicant is proposing to subdivide 5.17 acres into 7 single family lots and two outlots. The property is zoned RSF, Single Family Residential District. The site is located at the southwest intersection of Lake Lucy Road and Powers Boulevard, and contains a single family home and a detached garage. Access to the site is proposed off of Powers Boulevard and Lake Lucy Road. [a All lots meet the minimum lot area, width and depth requirements of the zoning ordinance with an average lot area of 21,323 square feet. Each parcel contains a 60' x 60' house pad. Lots 1, 2, 3, and 4, Block 1 are proposed to be served via a private street which will require a variance. The proposed right-of-way is 50 feet wide. The ordinance requires 60 feet. The existing right-of-way Burlwood Addition September 16, 2003 Page 6 located on the Golden Glow Subdivision, is 50 feet wide. This right-of-way will be in keeping with the existing right-of-way. Outlots A and B are being created to be incorporated into the Christensen property. When the Christensen's are ready to subdivide their property, these outlots will serve as street frontages. A wetland alteration permit is also requested. It will result in filling 5,963 square feet of wetland and replacing it off site. Approval of the subdivision is contingent upon approval of the Wetland Alteration Permit. Staff has been working with the applicant for several months. As shown on the preliminary plat, the applicant is proposing to build a temporary cul-de-sac to serve the property. The reason for that is that there is a cross access easement serving the Christensen and Martinka properties. The Marinka's are not interested in vacating their rights in the easement. The City does not wish to accept a public street encumbered by an easement. When the Marinka's are ready to develop their property, the access easement will then be vacated and the remainder of the right-of-way will be dedicated. Also, the roadway will be extended at that time. Staff is recommending approval of the subdivision with variances and the wetland alteration permit with conditions outlined in the staff report. PRELEW NARY PLAT The applicant is proposing to subdivide a 5.17 acre site into 7 single family lots and two outlots. The density of the proposed subdivision is 1.3 units per acre gross and 2.0 units per acre net. All lots exceed the minimum 15,000 square feet of area, with an average lot size of 21,323 square feet. All proposed lots meet the minimum width, and depth requirements of the Zoning Ordinance. A wetland occupies the northerly portion of the site and is proposed to be filled and replaced off site. Lots 1, 2, 3, and 4, Block 1, are proposed to be served via a private street. This layout is in keeping with a previous council recommendation. Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance. WETLANDS Existing Wetlands One ag-urban wetland exists in the northern portion of the property. GME Consultants, Inc. delineated the wetland in May 2003. The wetland is dominated by reed canary grass. The applicant is proposing to fill the wetland and mitigate it off-site through the purchase of wetland 0 0 Burlwood Addition September 16, 2003 Page 7 credits from a wetland bank. The total proposed impact to the wetland is 5,963 square feet (0.14 acres). Because the existing wetland is of low quality and future property owners would likely impact the entire wetland if the wetland was preserved during the subdivision process, staff is recommending sequencing flexibility. This will allow the applicant to fill the wetland and replace it with a wetland of greater function and value off-site through the state wetland bank. Wetland Replacement Wetland replacement must occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The City must approve a wetland replacement plan prior to wetland impacts occurring. GRADING, DRAINAGE AND EROSION CONTROL Storm Water Management There is a culvert on Lot 1, Block 2 that flows into a drainage -way on the property to the west. There is presently no public storm water infrastructure downstream from the culvert. The applicant should work with staff and downstream property owners to address storm water issues in this area prior to the development of Lot 1, Block 2 and the extension of the proposed street to Golden Glow Court. Surface Water Management Fees Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $949/acre. Based on the proposed developed area of approximately 5.17 acres, the water quality fees associated with this project are $4,906.00. Water Quantity Fees The SWAP has established a connection charge for the different land uses based on an average citywide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Single- family residential developments have a connection charge of $2,348 per developable acre. This results in a water quantity fee of approximately $12,139.00 for the proposed development. SWMP Credits This project proposes the construction of one storm water pond. The applicant will be credited for oversizing in accordance with the SWMP or the provision of outlet structures. The applicant 0 0 Burlwood Addition September 16, 2003 Page 8 will not be assessed for areas that are dedicated outlots. No credit will be given for temporary pond areas. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $17,045.00. Other Agencies 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) and comply with their conditions of approval. GRADING/DRAINAGE/EROSION CONTROL • The grading plan needs to be revised along the east side of Lot 6, Block 1 to avoid trapping stormwater against the respective housepads. • The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. • It is unclear from the plans how the applicant is proposing to handle the stormwater from the temporary cul-de-sac at the south end of the project. Additional information and detail must be added to the plans to address this. • The applicant is proposing an outlet overflow point to control the discharge of water from the proposed pond. This is inconsistent with current City specifications and past practice. Staff is recommending that an outlet control structure be installed to control the water discharge rate from the pond. Further, staff is recommending that a storm sewer line be constructed from the pond outlet to Lake Lucy Road and west, approximately 350 feet, to an existing storm sewer line in Mulberry Circle. Erosion control measures and site restoration shall be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends that a rock construction entrance be shown on the plans in accordance with City Detail Plate No. 5301. UTILITIES • According to City as -built plans, all of the proposed lots have both sewer and water stubs except Lot 6, Block 1. 0 Burlwood Addition September 16, 2003 Page 9 1, • There is already an existing sanitary sewer line in the area of the temporary cul-de-sac. As such, the proposed sewer line can be deleted. The underlying parcel has been previously assessed for five utility units and those assessments have been paid. Since the applicant is now proposing more units than what was previously assessed, the one additional unit will be charged a watermain and sanitary sewer lateral connection charge at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. • Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. STREETS The applicant's street layout attempts to follow a previous Council approved layout for this property and the street connection with Golden Glow Court to the south. Staff would prefer to see the entire street and cul-de-sac installed with this project instead of the temporary cul- de-sac that is proposed. However, due to the existence of a private driveway easement through the site and a small piece of right-of-way off the southwest comer of the property, the developer is unable to install the entire street. As such, staff is recommending that a financial security be supplied to the City to cover the cost of the future street extension and removal of the existing private street to the south. This is in line with the Golden Glow Acres development contract which required the street to be extended with the development of the Kerber property. • Lake Lucy Road is designated as a collector road in the City's Comprehensive Plan and Code Book. Collector roads require 80 -feet of right-of-way or 40 -feet on each side of the roadway centerline. As such, additional right-of-way will need to be platted to achieve a total of 40 -feet from the centerline of Lake Lucy Road. • Burlwood Addition September 16, 2003 Page 10 PARKS This property lies within the neighborhood park service areas of both Curry Farms Park and Carver Beach Park. TRAILS Two segments of the City's Comprehensive Trail Plan are located near this property. The first is an on -street trail located along both the eastbound and westbound lanes of Lake Lucy Road. The second is an off-street 8 ft. wide bituminous trail located on the east side of Powers Boulevard. This is across the street from the subject plat. The best crossing location for pedestrians is at the intersection of Powers Boulevard and Lake Lucy Lane. With these public services in place, the Park and Recreation Director is not recommending any additional public park or trail services be constructed as a part of this subdivision. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. TREE PRESERVATION/LANDSCAPING Canopy coverage and preservation calculations have been submitted for the Burlwood development. They are as follows: Total upland area (excluding wetlands) 5.27 ac. or 229,583 SF Baseline canopy coverage 35% or 79,465 SF Minimum canopy coverage allowed 30% or 68,875 SF Proposed tree preservation 515% or 22,958 SF Developer does not meet minimum canopy coverage allowed, therefore the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage (68,875 —22,958) 45,917 SF Multiplier 1.2 Total replacement 55,100 SF Total number of trees to be planted 51 trees (55,100-1089) The total number of trees required for the development is 51. Applicant has proposed a total of 12 trees. An additional 39 trees must be added to the landscape plan. All replacements must meet minimum size requirements. No more than one-third of the trees may be from any one species. Burlwood Addition September 16, 2003 Page 11 The canopy coverage and replacement calculations submitted by the applicant differ from those presented by staff. According to the submitted calculations, the canopy coverage saved is 30%. Staff does not agree with their calculations for two important reasons: 1) some of the trees listed and counted as preserved are not on the applicant's property; 2) many of the trees listed as preserved are actually within the grading limits such as in the areas proposed as berm or pond. Staff does not accept the claim of tree preservation for any trees that are not protected by fencing and outside of grading limits. Therefore, tree preservation on site has been calculated at 15% which includes trees located on Lot 1, Block 2, the west side of the property behind a silt fence located at the grading limits, and the 12 evergreens scheduled for transplanting. The subdivision is also required to have bufferyard plantings along Powers Blvd. and Lake Lucy Road. Requirements are as follows: Location Required Proposed Powers Blvd. — 10 overstory trees 0 overstory bufferyard B — 20' width 15 understory trees 12 understory 500' length 25 shrubs 0 shrubs Lake Lucy Road 4 overstory trees 0 overstory Bufferyard B —15' width 8 understory trees 3 understory 12 shrubs 0 shrubs Applicant has proposed a 4' berm along Powers Blvd. on top of which would be placed transplanted evergreens. The bufferyard area is only 20 feet wide and a 4' berm would require at least 24 feet in width in order to meet the city's 3:1 slope standard. The applicant should reduce the berm to 3' in height or install a fence instead. COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Lot Lot Home Area Width Depth Setback Ordinance 15,000 90' 125' 30' front/rear 10' sides Lot 1 21,057 100' 210' 30730' 10' Lot 2 18,862 90' 209' 30730' 10' Lot 3 18,778 90' 208' 30730' 10' Lot 1 41,336 141' 295' 30730730' 10' SUBDIVISION - FINDINGS The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance if the private street and right-of- way width variances are approved. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Burlwood Addition September 16, 2003 Page 12 Lot 4 18,694 90' 207' 30730' 10' Lot 5 15,038 111' 134' 30730' 10' Lot 15,193 95' 134' 39/30' 10' BLOCK 2 Lot 1 41,336 141' 295' 30730730' 10' SUBDIVISION - FINDINGS The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance if the private street and right-of- way width variances are approved. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; 0 Burlwood Addition September 16, 2003 Page 13 0 Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Findine: The proposed subdivision will have access to public utilities and streets. VARIANCE Section 18-57. Streets. (r) Private streets serving up to four (4) lots may be permitted in the A2, RR, RSF and R4 if the criteria in variance section 18-22 are met and upon consideration of the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of a private street will permit enhanced protection of the city's natural resources, including wetlands and protected areas. Staff is recommending approval of the private street based upon the analysis provided in the background section of the report. 0 Burlwood Addition September 16, 2003 Page 14 VARIANCE FINDINGS Sec. 18-22. Variances. The city council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: (1) The hardship is not a mere inconvenience; (2) The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; (3) The condition or conditions upon which the request is based are unique and not generally applicable to other property; (4) The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Finding: Based upon the analysis within the background section of the report, it is possible to serve the site through a public street; however, by doing so, site grading and the dependence on other property owners increases. The applicant's request is fairly reasonable. As to the 50 foot right-of-way width, it is in keeping with the existing right- of-way for Golden Glow Court. Based upon these findings, staff is recommending approval of this variance. Staff recommends the Planning Commission adopt the following motions: PRELINUNARY PLAT "The Planning Commission recommends approval of the preliminary plat for Subdivision #03-12 for Burlwood Addition for 7 lots and two outlots with variances to allow a private street and a 50 foot right-of-way as shown on the plans received August 15, 2003, subject to the following conditions: 1. Applicant shall revise landscape plan to show a minimum of 63 trees to be planted. 2. A minimum of three deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits on Lots 1-4 and 6, Block 1 prior to any grading. 5. All transplanted evergreens must be warranted for two growing seasons. 6. A revised landscape plan must be submitted to the city before final approval. 0 Burlwood Addition September 16, 2003 Page 15 0 7. In lieu of any public improvements, a park dedication charge of $19,200 will be applicable at the time of platting. 8. Show all of the proposed and existing easements on the preliminary plat. 9. On the grading plan: a. Add a rock construction entrance per City Detail Plate No. 5301. b. Revise the grading on the east side of Lot 6, Block 1 to prevent trapping water near the housepads. C. Show new ditch grades in the areas where driveways will be removed. d. Show the proposed contours for the berms along Powers Boulevard. e. Show all existing and proposed easements. f. Add a benchmark to the plan. 10. On the utility plan: a. Show all proposed and existing utility easements. b. Show all existing utilities and services in the area. Also, call out the pipe type, manhole numbers, and rim/invert elevations for all existing and proposed utilities. Add streetlights at the intersection of Powers Blvd. and the new street. d. Delete the proposed sewer line within the new street. 11. All of the existing driveway entrances to the property must be removed during construction. 12. A driveway culvert is required under the proposed street entrance to the site. A Carver County permit will also be required. 13. An outlet control structure is required for the proposed pond per City Detail Plate No. 3109. Also, install a storm sewer line from the pond outlet to Lake Lucy Road and west, approximately 350 feet, to an existing storm sewer line in Mulberry Circle. 14. Revise all slopes that exceed 3:1 or install a retaining wall. Burlwood Addition September 16, 2003 Page 16 15. A temporary easement is needed for the portion of the cul-de-sac that is outside of the proposed right-of-way. 16. All final construction plans must be signed by a professional engineer registered in the State of Minnesota. 17. Any work outside of the subject property or right-of-way will require temporary easements. 18. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. 19. The applicant has submitted drainage calculations for the site; however, additional information is still needed. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10 -year, 24-hour storm event. 20. Draintile will be required in back of the curb on the public street. 21. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 22. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 23. The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. 24. Private easements are required for the existing and proposed services to neighboring parcels that are outside of the right-of-way. Burlwood Addition September 16, 2003 Page 17 25. A 30 -foot wide private driveway easement is required for the private drive which serves Lots 1-4, Block 1. In addition, the driveway must be constructed to a 7 -ton design. The developer will be required to provide inspection reports verifying this. 26. End the right-of-way for the new street at the edge of the existing private driveway easement. Also, deed the land for the future street right-of-way to the City. 27. Vacate the existing public utility easement in the area of the new street. 28. Additional information and detail must be added to the plans to show how the stormwater from the temporary cul-de-sac will be handled. 29. A public drainage and utility easement is required over the proposed pond. 30. A watermain and sanitary sewer lateral connection charge will be due for Lot 6, Block 1 at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. 31. A financial security must be supplied to the City to cover the cost of the future street extension and removal of the existing private street to the south. 32. Additional right-of-way will need to be platted to achieve a total of 40 -feet from the centerline of Lake Lucy Road. 33. Building Official conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. c. Demolition permits must be obtained before demolishing any structures. d. The homes located at 6648 and 6650 Powers Blvd. will require address changes as they will be accessed from a different street. 34. Fire Marshal conditions: a. A 10 -foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Excel Energy, 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. 0 Burlwood Addition September 16, 2003 Page 18 b. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Submit turn- around dimensions to City Engineer and Fire Marshal for review and approval. Exception: Fire Marshal is authorized to increase the dimension of 150 feet where 1) the buildings are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.13 of the Fire Code. c. Block 1 and 2 — Streets will be required to have street names. Submit names to Chanhassen Building Official and Fire Marshal for review and approval. d. No burning permits will be issued for trees/shrubs disposal. Any trees removed must be removed or chipped on site. e. Three additional fire hydrants will be required; one at the intersection of Lake Lucy and the driveway serving Block 1, one at the end of Block 1, Lot 4 near the emergency tum -around, and the third one must be installed near the temporary turn -around proposed for Block 2. Contact Chanhassen Fire Marshal and City Engineer for exact location of required fire hydrants. 34. Approval of subdivision 03-12 shall be contingent upon approval of Wetland Alteration Permit 03-1. 35. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. 36. The applicant shall work with staff and downstream property owners to address storm water issues in this area prior to the development of Lot 1, Block 2 and the extension of the proposed street to Golden Glow Court. 37. Based on preliminary estimates, the water quality fees for the development are $4,906.00 and the water quantity fees are approximately $12,139.00. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $17,045.00. 38. 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) and comply with their conditions of approval" WETLAND ALTERATION PERMIT: The Planning Commission recommends approval of wetland alteration permit 03-1 as shown in plans dated received August 15, 2003, with the following conditions: Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall have an approved wetland replacement plan prior to wetland impacts occurring. Burlwood Addition September 16, 2003 Page 19 2. 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) and comply with their conditions of approval. 3. Approval of Wetland Alteration Permit 03-1 shall be contingent upon approval of subdivision 03-12. ATTACHMENTS 1. Application, Narrative, Referral Notice and Public Hearing Notice 2. Memo from Todd Hoffman, Park & Recreation Director dated July 30, 2003 3. Memo from Steve Torell, Building Official dated August 6, 2003 4. Memo from Matt Saam, Asst. City Engineer dated September 5, 2003 5. Memo from Mark Uttfin, Fire Marshal dated July 28, 2003 6. Letter from Gary Thompson, Thompson & Thompson, dated July 25, 2003 7. Tree Inventory dated July 18, 2003 8. Preliminary plat dated received August 15, 2003 CITY OF CIANBASSEN 7700 Market Boulevard MEMORANDUM PC Boz 147 Chanhassen, MN 55317 TO: Sharmin Al—Jaff, Senior Planner Administration Phone: 952.227.1100 FROM: Steven Torell, Building Official Far: 952.227.1110 Final grading plans and soil reports must be submitted to the Inspections Fax: 952.227.1110 Building Inspections DATE: August 6, 2003 Each lot must be ded with separate sewer and water service. provided a se p p Phone: 952227.1180 Phone: 952.227.1400 Fax: 952 2271190 SUBJ: Site Plan review for: Burlwood Engineering Planning & changes as they will be accessed from a different street. Phone: 952.227.1160 Planning Case: 2003-12 SUB Phone: 952.227.1130 Fax: 952.227 1170 Fax: 952.2271110 Finance Phone: 952.227.1140 I have reviewed the plans for the for the above development and have the following Far 952.227.1110 conditions: Park A Recreation Phone: 952.227 1120 1. Final grading plans and soil reports must be submitted to the Inspections Fax: 952.227.1110 Division before building permits will be issued. Recreation Center 2, Each lot must be ded with separate sewer and water service. provided a se p p 2310 Coulter Coulter Boulevard Phone: 952.227.1400 3. Demolition permits must be obtained before demolishing any structures. Fax: 952.227 14N 4. The homes located at 6648 and 6650 Powers Blvd. will require address Planning & changes as they will be accessed from a different street. Natural Resources Phone: 952.227.1130 Fax: 952.2271110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 G/safety/st/memos/plan/Burlwood Senior Center Phone. 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding (rails, and beautiful parks. A geat place to live, work, and play. MEMORANDUM CITY OF CHMNSEN TO: Sharmeen Al-Jaff, Senior Planner 7700 Market Boulevard FROM: Matt Saam, Assistant City EngineerAq PO Box 147 Chanhassen, MN 55317 DATE: September 5, 2003 Administration Phone: 952.227.1100 SUBJ: Preliminary Plat Review of Burlwood (Kerber Property) Fax: 952.227.1110 Land Use Review File No. 03-16 Building Inspections Phone: 952.227.1180 Fax. 952.227.1190 Upon review of the plans dated August 15, 2003, prepared by Ryan Engineering, I Engineering offer the following comments and recommendations: Phone: 952.227.1180 Fax: 952.227.1170 GRADING/DRAINAGE/EROSION CONTROL Finance Phone: 952.227.1140 • The grading plan needs to be revised along the east side of Lot 6, Block 1 to Fax: 952.227.1110 avoid trapping stormwater against the respective housepads. Park & Recreation Phone: 952.227.1120 . The basement elevations of Lots 1 through 4, Block 1 must be a minimum of Fax: 952.227.1110 three feet above the HWL of the proposed pond. Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 a It is unclear from the plans how the applicant is proposing to handle the Fax: 952.227.1404 stormwater from the temporary cul-de-sac at the south end of the project. Planning 8 Additional information and detail must be added to the plans to address this. Natural Resources Phorie:952.227.1130 . The applicant is proposing an outlet overflow point to control the discharge of Fax: 952.227.1110 water from the proposed pond. This is inconsistent with current City Public works specifications and past practice. Staff is recommending that an outlet control 1591 Park Road structure be installed to control the water discharge rate from the pond. P95P.227.1300 Fax: 95 Fax:52.221.1310 Further, staff is recommendingthat a storm sewer line be constructed from the pond outlet to Lake Lucy Road and west, approximately 350 feet, to an Senior Center existing storm sewer line in Mulberry Circle. Phone: 952.227.1125 Fax: 952.227.1110 • Erosion control measures and site restoration shall be developed in accordance Web she with the City's Best Management Practice Handbook (BMPH). Staff www.ctchanhassen.mn.us recommends that a rock construction entrance be shown on the plans in accordance with City Detail Plate No. 5301. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding (rails, and beautiful parks. A geat place to live, work, and play. Sharmeen Paff • September 5, 2003 Page 2 UTILITIES • According to City as -built plans, all of the proposed lots have both sewer and water stubs except Lot 6, Block 1. There is already an existing sanitary sewer line in the area of the temporary cul-de-sac. As such, the proposed sewer line can be deleted. The underlying parcel has been previously assessed for five utility units and those assessments have been paid. Since the applicant is now proposing more units than what was previously assessed, the one additional unit will be charged a watermain and sanitary sewer lateral connection charge at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. STREETS The applicant's street layout attempts to follow a previous Council approved layout for this property and the street connection with Golden Glow Court to the south. Staff would prefer to see the entire street and cul-de-sac installed with this project instead of the temporary cul-de-sac that is proposed. However, due to the existence of a private driveway easement through the site and a small piece of right-of-way off the southwest corner of the property, the developer is unable to install the entire street. As such, staff is recommending that a financial security be supplied to the City to cover the cost of the future street extension and removal of the existing private street to the south. This is in line with the Golden Glow Acres development contract which required the street to be extended with the development of the Kerber property. Sharmeen *aff • September 5, 2003 Page 3 Lake Lucy Road is designated as a collector road in the City's Comprehensive Plan and Code Book. Collector roads require 80 -feet of right-of-way or 40 - feet on each side of the roadway centerline. As such, additional right-of-way will need to be platted to achieve a total of 40 -feet from the centerline of Lake Lucy Road. RECOMMENDED CONDITIONS OF APPROVAL 1. Show all of the proposed and existing easements on the preliminary plat. 2. On the grading plan: a. Add a rock construction entrance per City Detail Plate No. 5301. b. Revise the grading on the east side of Lot 6, Block 1 to prevent trapping water near the housepads. c. Show new ditch grades in the areas where driveways will be removed. d. Show the proposed contours for the berms along Powers Boulevard. e. Show all existing and proposed easements. f. Add a benchmark to the plan. 3. On the utility plan: a. Show all proposed and existing utility easements. b. Show all existing utilities and services in the area. Also, call out the pipe type, manhole numbers, and rim/invert elevations for all existing and proposed utilities. c. Add streetlights at the intersection of Powers and the new street. d. Delete the proposed sewer line within the new street. 4. All of the existing driveway entrances to the property must be removed during construction. 5. A driveway culvert is required under the proposed street entrance to the site. A Carver County permit will also be required. Sharmeen Oaf f • September 5, 2003 Page 4 6. An outlet control structure is required for the proposed pond per City Detail Plate No. 3109. Also, install a storm sewer line from the pond outlet to Lake Lucy Road and west, approximately 350 feet, to an existing storm sewer line in Mulberry Circle. 7. Revise all slopes that exceed 3:1 or install a retaining wall. 8. A temporary easement is needed for the portion of the cul-de-sac that is outside of the proposed right-of-way. 9. All final construction plans must be signed by a professional engineer registered in the State of Minnesota. 10. Any work outside of the subject property or right-of-way will require temporary easements. 11. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. 12. The applicant has submitted drainage calculations for the site; however, additional information is still needed. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10 -year, 24-hour storm event. 13. Draintile will be required in back of the curb on the public street. 14. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 15. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 16. The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. Sharmeen taff • September 5, 2003 Page 5 17. Private easements are required for the existing and proposed services to neighboring parcels that are outside of the right-of-way. 18. A 30 -foot wide private driveway easement is required for the private drive which serves Lots 1-4, B1.1. In addition, the driveway must be constructed to a 7 -ton design. The developer will be required to provide inspection reports verifying this. 19. End the right-of-way for the new street at the edge of the existing private driveway easement. Also, deed the land for the future street right-of-way to the City. 20. Vacate the existing public utility easement in the area of the new street. 21. Additional information and detail must be added to the plans to show how the stormwater from the temporary cul-de-sac will be handled. 22. A public drainage and utility easement is required over the proposed pond. 23. A watermain and sanitary sewer lateral connection charge will be due for Lot 6, Bl. 1 at the time of building permit issuance. The current 2003 connection charge for water and sewer is $4,513 each. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due on all of the lots at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. 24. A financial security must be supplied to the City to cover the cost of the future street extension and removal of the existing private street to the south. 25. Additional right-of-way will need to be platted to achieve a total of 40 -feet from the centerline of Lake Lucy Road. jms c: Teresa Burgess, City Engineer/Public Works Dir. g:\eng\pwj=tsVrurlwoodkevised ppr.dm BOB & DIANE MARTINKA 6650 Powers Blvd. Chanhassen, MN 55317 (952)474-1103 Cell (612)396-6425 martinka(a ix.netcom.com Fax (952)401-3836 September 15, 2003 TO: Sharmeen AI-Jaff, Senior Planner Members of the Planning Commission City of Chanhassen RE: Burlwood Addition Staff Report and Sept. 16 Hearing This memo is written in response to your notice of hearing in which you invite written comment to be submitted to the commission via an original to staff. First, as I have conveyed to the EPIC principal in the past, I wish the developer of the proposed Burlwood Addition and the owner/seller of the property every success in their venture, regardless of the final configuration. I invite correction clarification and consideration of the following 1. Page 6 of The Report includes the following statement: "The Martinka's are not interested in vacating their rights in the easement." This declarative statement has no basis in fact. It is indeed inconsistent with: (a) Attorney Gary Thompson's July 25 letter on the sole subject of easement issues in which he states, "Mr. Martinka is ready to discuss this idea (relating to easement) with the city or with Mr. Ragatz." No response or comment received! (b) An August 7 letter to the developer and planning staff in which the opening paragraph declares that the communication is "....with reference to negotiating release from.... roadway and utility easements." Signed by five neighbors with a vested interest in the development and includes a number of proposals to discuss. No acknowledgement of receipt, nor response or comment. It is recommended that, even at this stage of deliberation, as a courtesy to the signatories copies of that letter with drawing be provided to members of the Commission (or perhaps that has been done). (c) A July 9 email to Planning Commission staff in which several concerns were expressed including the statement "There has been no reference to negotiations regarding existing easements." No comment or response. (d) In addition, the issue of easements was also mentioned to during brief encounters with the developer several months ago and with staff during a brief meeting. (continued) • - Page 2 — • (e) I had requested lien holder CitiBank to provide me with procedure and materials to apply for release from the easement in case needed --- but never during these months was request ever received from the developer, nor the issue raised except by us. The above comments and clarifications are made because the developer's inaccurate statement about "Martinka's not being interested in the easement issue" places undue burden upon this property owner as being a principal reason for the developer's choice of most recent planning strategy. Such is not the case!!! With due consideration for the above, how could there possibly be a basis for that statement? We were indeed willing, available, receptive, and proposed meetings to negotiate the vacating of easement rights by owner and lien holder. 2. The Report includes an enclosure entitled "History of Subject Property and Surrounding Area". In the fifth paragraph the developer refers to "....Martinka's unwillingness to participate (sign the application)" and continues references to the developer's "generous offer". Perhaps it was! Unfortunately, we did not have the opportunity to review the proposal in any acceptable manner. The developer appeared without advance notice at our home !ate afternoon/early evening on Thursday, July 17 ....... we had visitors...... but I went out to his car where he presented me with a paper and stated, "The city requires that we be co -applicants on the application .... and I need your signature on this agreement." I scanned the contents and asked about the implications of "co -applicant" such as legal or financial liability. I stated that I would need some time to review this with my wife, son and daughter, possibly with counsel. He conveyed a sense of urgency emphasizing he needed it signed immediately because it was due at city hall tomorrow. I told him that I didn't feel that good decisions are made that way and that I needed more than the few minutes he provided for us to understand and reply to what he presented as such an important document. The following day the offer was rescinded. It may well have been a very fine proposal --- if so, then an opportunity to have a few hours and consult with family and advisors and respond at a time to be agreed upon, such as the following morning, would have been appropriate, rather than the unreasonable standard of immediate response. Again, the reason for my comments here are because of the unwarranted burden of responsibilty which the developer seems to place on this home owner for the direction of his planning. Perhaps the invitation and opportunity by the developer at an early stage of planning, for all interested parties to meet in a semi -formal situation to learn about plans and options and to share thoughts and concerns may have been to the advantage of all. Thank you for your attention. Respectfully su itted, Robert E. Martihka ti • PUBLIC WORKS DEPARTMENT i 11360 Highway 212 West w PO Box 300 CARVER Cologne, MN 55322-0300 COUNTY Phone (952) 466-5200 Fax (952) 466-5223 September 12, 2003 Administmtim Parka Engimwing Highway Maintenance Surveying & Mapping RECEIVED SharmeenAl-Jaff SEP 16 2003 Planning Department, City of Chanhassen 7700 Market Boulevard CITY OF CHANHASSEN Chanhassen, MN 55317 Subject: Burlwood, Epic Development, LLC. SW Corner Lake Lucy Road and Powers Blvd. 2003-12 SUB Carver County has reviewed the preliminary plans for the proposed Burlwood subdivision located southwest of the CSAH 17 (Powers Blvd.) / Lake Lucy Road intersection transmitted to Carver County by your memorandums dated July 24, 2003 and August 22, 2003. These comments are not all inclusive and may need review and revision as this proposal changes and progresses. The County has had previous discussions with the developer, Richard Ragatz, regarding access to this parcel. The entrance as proposed onto CSAH 17 (Powers Blvd.) reflects the access layout we have discussed at our meetings. Due to the small number of parcels that will use the access, the County will not require construction of a right turn lane on CSAH 17, but would encourage the developer to consider widening and paving of the CSAH 17 shoulder to accommodate a right turn lane and provide additional safety for the future residents of the properties and the motoring public. An access permit will be required from Carver County for construction of this access. Carver County has received numerous concerns about traffic flow, pedestrian traffic, and safety at the CSAH 17 / Lake Lucy Road intersection. The County intends to complete a traffic study on the intersection to determine what traffic control changes would be warranted and could be made to potentially improve the traffic flow and safety at this intersection. The developer should be aware of these intersection concerns. Resolution of these concerns could potentially impact, to various degrees, all of the accesses to this property. The property could be impacted by increased stopping noise if it is determined a 4 -way stop condition is warranted at this intersection or by increased lighting if it is determined a traffic signal is warranted at this intersection. 2. The existing right-of-way of CSAH 17 (Powers Blvd) extends approximately 50 feet west from the existing centerline of CSAH 17. The roadway lane and shoulder needs in this area consume most of the right of way. If sidewalks, trails, berms, landscaping and other urban amenities are needed along Powers Blvd., additional right-of-way will need to be secured from this development. - 1 - 0 3. Any public utility lines that are to be installed within the CSAH 17 right-of-way are subject to the utility permit requirements of Carver County. 4. Any proposed grading and installation of drainage structures within the right-of-way of CSAH 17 is subject to review and approval of the county highway department. 5. Development activities (including the installation of both public and private utilities needed to serve the development site) that result in any disturbance of the county highway right-of-way (including tree removal, trench settlements, erosion, and sediment deposits) need to be completed in a manner that leaves the right-of-way in "as good or better condition" than what existed prior to construction. It is requested that the city include a provision in the developer's agreement that requires the developer to be ultimately responsible for the final condition of the county highway right-of-way. A clear understanding of this responsibility will result in fewer project oversight problems for both the county and the city. 6. Any trees or landscaping completed within the right-of-way must be approved by the County. When locating shrubs and trees, consideration should be given to maintaining an acceptable sight distance at the CSAH 17 intersections. Any trees or shrubs overhanging into the right-of-way could be subject to trimming for safety or overhead utility consideration. 7. As this area develops, traffic volumes will increase. Carver County considers any potential noise abatement improvements to be the responsibility of the developer. Thank you for the opportunity to comment on this preliminary plan. If there are any questions regarding these comments, please call me at 952-466-5200. Sincerely, William J. Weckman, P.E. Assistant County Engineer CC: Roger Gustafson, County Engineer -2- 9/3/2003 8:27 PM FROM: Fax TO: 227-1110 PAOF 001 BOB & DIANE MARTINKA 6650 Powers Blvd. Chanhassen, MN 55317 (952)474-1103 martinka(taix netcom. com Fax (952) 4013836 ;c Sept. 12, 2003 TO: Planning Commission Staff FAX: (952) 227-1110 Would appreciate receiving a copy of the latest drawing for the Kerber Property proposal (Burlwood) to be presented to the Planning Commission Sept. 16. If convenient, please leave at front desk of City Hall for pickup before closing on Friday. Thank you. Bob Martinka 1 • 0 MEMORANDUM TO: Sharmin AI-Jaf , Senior Planner FROM: Mark Littfm, Fire Marshal DATE: August 27, 2003 SUBJ: Preliminary plat to re -plat 3.63 acres into seven single-family lots with variances and a wetland alteration Brulewood, Epic Development, LLC, located at the southwest intersection of Lake Lucy Road and Powers Boulevard. Planning Case: 2003-12 SUB I have reviewed the preliminary re -plat proposal for the above project. In order to comply with the Chanhassen Fire Department/Fire Prevention Division, I have the following fire code or city ordinance/policy requirements. The plan review is based on the available information submitted at this time. If additional plans or changes are submitted, the appropriate code or policy items will be addressed. A 10 -foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Excel Energy, 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. 2. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Submit tum around dimensions to City Engineer and Fire Marshal for review and approval. Exception: Fire Marshal is authorized to increase the dimension of 150 feet where 1) the buildings are equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the Fire Code. 3. Block 1 and 2 — Streets will be required to have street names. Submit names to Chanhassen Building Official and Fire Marshal for review and approval. 4. No burning permits will be issued for trees/shrubs disposal. Any trees removed must be removed or chipped on site. Sharmin Al-7aff, Senior Planner August 27, 2003 Page 2 Three additional fire hydrants will be required; one at the intersection of Lake Lucy and the driveway serving Block 1, one at the end of Block 1, Lot 4 near the emergency tum -around, and the third one must be installed near the temporary tum -around proposed for Block 2. Contact Chanhassen Fire Marshal and City Engineer for enact location of required fire hydrants. g:\safety\rW\planrev2003-12 0 RaRerii YEn LAND DEVELOPMENT SERV August 15, 2003 Ms. Sharmeen Al-Jaff Senior Planner Planning Department City of Chanhassen 7700 Market Blvd., Box 147 Chanhassen, MN 55317 Re: Burlwood 7 Lot Single Family Subdivision Dear Ms. Al-Jaff: 0 VIA MESSENGER 434 Lake Street Excelsior, MN 55331 Tel 952-380-5000 Fax 952-380-5010 www. ryanengineering.com Enclosed, please find the 17 full-size copies and 1 half-size copy of the revised Preliminary Plans for the above referenced project. We have modified these plans per discussions with Mr. Rich Ragatz and his meetings with City Staff. If you have any further questions or comments, please contact our office. Sincerely, tET President Enclosures .E. , INC. Cc: Mr. Rich Ragatz — Epic Development F HUM : • hHX NU. : • Jul. Ue 21l01 04:4bF'M N1 ROD S p1ANE MARTrNKA 6650 Powers Blvd. Chnnh ucarn, MN 59217 (952) 474-1103 nlardnka t—rx ngggm.com Fax (952)401-3536 August 13, 2003 TO: Sharmeen Al-Jaff Seniur Planner City of Chanhassen FAS, DD'% -1111) One more time! We would appreciate your providing a cnpy of drawing 2nd narrative on the "Burlwood " provusal as will he prvsnnted to the Commission August t9 --- jr Changes made frnm that you pro-vided us on July 20. Yon t9" Pith— leavo at front dealt for Thu„day 4fta3n1)1)D plCKnp ny family member -- or send via fax (952) 401-3836. Thank nil fnr past Ind Continued assistance. Ret, IVinrkinlm /kl . L Or r g-�1-a3 • e c J-alP r C L l 1-4 1 7-0 SW w t o , LL C 11 D3 Engineering GRADING/DRAINAGE/EROSION CONTROL Phone: 952.227.1160 three feet above the HWL of the proposed pond. Fax: 952 227.1170 MEMORANDUM 2310 Coulter Boulevard TO: Sharmeen Al-Jaff, Senior Planner CITY OF FROM: Matt Saam, Assistant City Engineer CIIONSEN however, they have been used in other metro cities such as at the new Cub Fax 952227 1110 DATE: August 8, 2003 7700 Markel Boulevard cities regarding maintenance of these systems which act as underground ponds PC Box 147 Chanhassen, MN 55317 SUBJ: Preliminary Plat Review of Burlwood (Kerber Property) Land Use Review File No. 03-16 Administration Phone: 952.227.1100 • A storm sewer stub must be extended to the south to handle drainage from the Fax: 952.227.1110 future cul-de-sac, just south of the site. Senior Center Phone: 952.227.1125 Upon review of the plans dated July 18, 2003, prepared by Ryan Engineering, I Building Inspections offer the following comments and recommendations: Phone: 9522271180 • Erosion control measures and site restoration shall be developed in accordance Fax: 952.227.1190 with the City's Best Management Practice Handbook (BMPH). Staff Engineering GRADING/DRAINAGE/EROSION CONTROL Phone: 952.227.1160 three feet above the HWL of the proposed pond. Fax: 952 227.1170 2310 Coulter Boulevard • The grading plan needs to be revised along the east side of Lot 6, Block 1 and Finance along the south side of Lot 3, Block 2 to avoid trapping stormwater against the Phone: 952.227.1140 however, they have been used in other metro cities such as at the new Cub Fax 952227 1110 respective housepads. Park & Recreation . The basement elevations of Lots 1 through 4, Block 1 must be a minimum of Phone: 952.227.1120 Fax: 952.227.1110 three feet above the HWL of the proposed pond. Recreation Center 2310 Coulter Boulevard . An underground detention system has been proposed to control the drainage Phone: 952.227.1400 from the south half of the site. This would be the first such system in the City; Fax 952.227.1404 however, they have been used in other metro cities such as at the new Cub Planning A Foods on Highway 7 in Shorewood. Staff is gathering information from other Natural Resources cities regarding maintenance of these systems which act as underground ponds Phone: 952.227.1130 Fax: 952.227.1110 contained within large diameter pipes. Staff is willing to allow this type of stormwater system due to the unavailability of ponding sites in the area. Public Works 1591 Park Road Phone: 952.227.1300 • A storm sewer stub must be extended to the south to handle drainage from the Fax: 952.227.1310 future cul-de-sac, just south of the site. Senior Center Phone: 952.227.1125 • The existing storm line that goes through Lot 2, Block 2 shall be realigned to Fax: 952.227,1110 connect with the proposed street storm sewer. Web Site www.ci.chanhassen.mn.os • Erosion control measures and site restoration shall be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends that a rock construction entrance be shown on the plans in accordance with City Detail Plate No. 5301. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding Irai Is, and beautiful parks. A great place to live, work, and play. Sharmeentaff August 8, 2003 Page 2 UTILTI'IES • According to City as -built plans, all of the proposed lots have both sewer and water stubs except Lot 6, Block 1, Lot 2, Block 2, and Lot 1, Block 1 which does not have a water service. • The proposed watermain must be extended to the south property line for future looping purposes. • Sanitary and water services shall be extended to the west property line for future development of the neighboring parcels. • The underlying parcel has been previously assessed for utilities and those assessments have been paid. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. • Private easements will be required for the existing and proposed services to neighboring parcels that are outside of the right-of-way. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. STREETS The applicant's street layout follows a previous Council approved layout for this property and the street connection with Golden Glow Court to the south. Staff would prefer to see the entire street and cul-de-sac installed with this project instead of the temporary cul-de-sac that is proposed. A small piece of right-of-way off the southwest corner of the site, however, is required to extend the street. To date, the applicant has not been able to acquire ownership of this property. • The developer will be required to pave the portion of the existing neighbors' driveways that are within the subject property as per City ordinance. A Sharmeeni Jaff • August 8, 2003 Page 3 private driveway easement will also be required for this area of the driveway. In addition, any shared portion of the driveway must be constructed to a 7 -ton design. The developer will be required to provide inspection reports verifying this. RECOMMENDED CONDITIONS OF APPROVAL 1. Show all of the proposed and existing easements on the preliminary plat. 2. On the grading plan: a. Add a rock construction entrance per City Detail Plate No. 5301. b. Revise the grading on the east side of Lot 6, Block 1 and on the south side of Lot 3, Block 2 to prevent trapping water near the housepads. c. Show new ditch grades in the areas where driveways will be removed. d. Show the proposed contours for the berms along Powers Boulevard. e. Show all existing and proposed easements. f. Add a benchmark to the plan. 3. On the utility plan: a. Show all proposed and existing utility easements. b. Show all existing utilities and services in the area. Also, call out the pipe type, manhole numbers, and rim/invert elevations for all existing and proposed utilities. c. Move the sanitary manhole, south of Lot 6, Block 1, approximately 25 feet to the west. e. Add streetlights at the intersection of Powers and the new street and at the end of the cul-de-sac. 4. All of the existing driveway entrances to the property must be removed during construction. 5. A driveway culvert is required under the proposed street entrance to the site. A Carver County permit will also be required. Sharmeent Jaff • August 8, 2003 Page 4 6. An outlet control structure is required for the proposed pond per City Detail Plate No. 3109. 7. The existing gravel driveway to the neighboring parcels must be maintained until the new street is graded in and curb is installed. 8. A temporary easement is needed for the portion of the cul-de-sac that is outside of the proposed right-of-way. 9. All final construction plans must be signed by a professional engineer registered in the State of Minnesota. 10. Any work outside of the subject property will require temporary easements. 11. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. 12. The applicant has submitted drainage calculations for the site; however, additional information is still needed. Staff will work with the applicant's engineer to revise the calculations. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10 -year, 24-hour storm event. 13. Draintile will be required in back of the curb on the public street. 14. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 15. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 16. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be due at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,275/unit. Sharmeentaff • August 8, 2003 Page 5 17. The basement elevations of Lots 1 through 4, Block 1 must be a minimum of three feet above the HWL of the proposed pond. 18. A storm sewer stub must be extended to the south to handle drainage from the future cul-de-sac, just south of the site. 19. The existing stone line that goes through Lot 2, Block 2 shall be realigned to connect with the proposed street storm sewer. 20. The proposed watermain must be extended to the south property line for future looping purposes. 21. Sanitary and water services shall be extended to the west property line for future development of the neighboring parcels. 22. Private easements are required for the existing and proposed services to neighboring parcels that are outside of the right-of-way. 23. The developer will be required to pave the portion of the existing neighbors' driveways that are within the subject property as per City ordinance. A private driveway easement will also be required for this area of the driveway. In addition, any shared portion of the driveway must be constructed to a 7 -ton design. The developer will be required to provide inspection reports verifying this. 24. A private driveway easement is required for the private drive which serves Lots 1-4, Bl. 1. In addition, the driveway must be constructed to a 7 -ton design. The developer will be required to provide inspection reports verifying this. kms c: Teresa Burgess, City Engineer/Public Works Dir. g:\englprojmts\burlwood\ppr.dm 6 0 Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as NOTICE OF PUBLIC HEARING amended. PRELIMINARY PLAT AND WETLAND ALTERATION (B) The printed public notice that is attached to this Affidavit and identified as No.v '" PERMIT was published on the date or dates and in the newspaper stated in the attached Notice and said CITY OF CHANHASSEN Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of NOTICE 1S HEREBY GIVEN that the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both theChanha&senPlanningCommimonwill inclusive, and is hereby acknowledged as being the kind and size of type used in the composition hold a public hearingon Tuesday, August and publication of the Notice: 19, 2003, at 7:00 pm. in the Council Chambers in Chanhassen City Hall, 690 abcdefghijklmnopgrstuvwxyz City Center Drive. The purpose of this hearing is to consider the application of Epic Development, LLC, requesting By: Preliminary Plat to replat of 3.63 acres Laurie A. Hartmann into 9 single family lots with variances, and a wetland alteration pemut, Bodwood, located at the southwest intersection of Lake Lucy Road and Powers Boulevard. Subscribed and swom before me on A plan showing the location of the Proposal is available for public review at City Hall during regular business hours. GLV 6MYCOM.��EVmJa,,3i.20a5 All interested persons are invited to this day of 2003 OWEN M RADUENZ attendthispublic hearingandexpresstheir ttOViAyPt/8uC survNESOTa opinions with respect to this proposal. ucS ShammnAl-Jaff, Senior Planner Phone: 952-227-1134 (Published in the ChanhassenVillageron Notary Public Thursday, August 7, 2003; No. 4962) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $21.00 per column inch Maximum rate allowed by law for the above matter ............................... $21.00 per column inch Rate actually charged for the above matter ............................................... $10.63 per column inch • ROBERT E. MART/NKA • 6650 Powers Blvd Chanhassen, MN 55317 (952) 474-1103 martin ka(ox. netcom. com August 6, 2003 TO: Richard Ragatz EPIC Development COPY: Sharmeen AI-Jaff Chanhassen Planning Dept. RE: "Burlwood" I invite your review of the enclosed memo that, in my e-mail of July 27, 1 mentioned would be forthcoming. In his July 31 answering machine message, Mr. Ragatz suggested we meet to discuss status/ideas relating to "Burlwood". We would be happy to meet, while respecting Mr. Ragatz's place as principal spokesman for the project. Since Gary Thompson serves as my counsel in real estate matters, I would have him participate. While he's playing a bit of catch-up following a week's absence, He would, with a couple days notice, make a best effort to schedule around our needs. Since el obeli rt E. Martinka /kl P.S. My e-mail remains down until restored 0 August 7, 2003 • • TO: Richard Ragatz EPIC Development Co. CC: Sharmeen AI-Jaff Chanhassen Planning Dept. Consideration by the EPIC Development Co. is requested of the following proposals with the objective of presenting them to the Chanhassen Planning Commission and with reference to negotiating release from property owner(s) and lien holder(s) from perpetual roadway and utility easement(s) that exist within the proposed development site. (1) Relocate proposed 60'(or other dimension) turn -around to within the 80' rectangular easement at foot of the drives to the Christensen/Martinka properties. (or other comparable configuration to be agreed upon). That easement (reported as originally intended for future tum -around, and illustrated as tum -around in subsequent plan drawing) retains significant added value for possible future use by homeowners it serves and on whose title it appears. Proposed tum -around connects with city street to Powers. See attached modified drawing. (2) Access three lots in south section of Burlwood via private road in place of city street to dead-end at or near the entrance drive to lot 3. This will leave 20 feet for expansion. Expand the west boundries of the three lots by approximately 15 feet enabling them to be at or near the 15,000' conforming size ......leaving an additional 5 feet between the Martinka property and the hard surface (or other comparable configuration to be agreed upon) (3) Changes to be made with consideration to maximum tree preservation. Priority consideration to be given to the preservation of trees with Tag Numbers 580, 581, 582, 583, 584 and the row of trees (east of Martinka property) with Tag Numbers 570, 600, 597, 596, 591,589,587. A buffer zone/visual barrier between what will be modem real estate and an older house in a comparatively rustic untamed setting would seem to be desireable for that area of the Burlwood project --- an advantage to residents on both side of the tree line. If possible within the scheme of things, preserving the row with Tag Numbers 598, 595, 592, 588, 586 would further enhance that feature. (4) Connect the end of that private road (item #2 above) with a narrow blacktop footpath leading to the city -owned area between the Egyhazi and Cuccia properties (or other access provision with safety being the primary consideration). EPIC and the City are urged to cooperate on converting that area into a park/play area equipped with a modest amount of playground apparatus, picnic tables, etc. --- providing for members of the neighborhood to participate in such planning including layout, equipment, and tree preservation or relocation within the park area (with due consideration to City Code 18-79 governing park land dedication). This move provides for an enhanced real estate development and the creation of substantial good will among the city, developer, current and future area residents. (5) Provide blacktop from new turn around to meet Christensen's blacktop drive and Martinka's concrete bridge (and/or other access to that property as might be agreed upon, a scenario not anticipated at this time). - Continued - -2- (6) Normal practice would have utilities that are currently located within existing easements rerouted within the master utility plan for the development project while providing for their tie-in with existing service to bordering properties. If such is the case, it would take little additional effort and expenditure for EPIC. to also provide water/sewer extension to the property lines of what would be the north lots of Christensen and Martinka properties that would then be available if and when either or both should decide to subdivide, even though that may not be part of their near-term agenda. (7 ) It is common practice and expected that the developer pay for any costs incurred in the property owner / hen -holder documents (deed, abstract, mortgage documents, county records, etc) that may have to be changed as a result of release from/modifying existing perpetual roadway/utility easement provisions on Christensen/Martinka properties that occur directly as a result of the development. (8) Assign whatever remains of Outlot A (O.L.A.) to the Christensen property which has a common east/west border..... and whatever remains of Outlot B (O.L.B.) to the Martinka property which has a common north/south border. (This consideration may become moot if outlots to be mostly consumed by the new turnaround.) The above proposal is made as an integral whole in its entirety and is offered as fair and reasonable basis for negotiating the release to EPIC from existing perpetual roadway/utility easement(s) by owners and lien -holders. Further, it is submitted with the support of the undersigned neighbors whose properties would in varying degrees be impacted by the proposed Burlwood development. n al�� Make and Peggy Cuccia 6722 Powers Bob and Ethelyn Christensen "MW' 6650 Powers Note" Original signature page on file. 6724 Powers v Kevin and Julie Gr 6626 Powers i u r- — I cul to Q1) C I la I / _ bJb3y �d )3byJ//V / z '911'1 •vns J0 x/135 30 V/ WN 3NL JO 1J 00'ISO 'OS 3111 !O 311(1 'ON 1/ T // p z z d ry o X z litY oa N I`�'113 bN ow Z a Si'u '911'1 To' JO t/13S W F' 1/LMN 3X1 10 ,Sit 'M 3Nl JO 4 OS 3X1 JO ,OtZ ON "Ni !D 3N1 'ON < M ,6Z,M99 N 00,9Z L;m CO ye 0 I......w.. °l 1 �� is 31R I I °`v) I I to a I g L O Y 6) m 03 C c� ow 3 I m L p vJ co v m 0?. CU G (n _r ` . [P -- a+y—J L_ 1 01 m C L CL 0-'o O - ---_ .. 00,0 � SZ'11 '911'1 1135 JO H139 A a) CL— M CL 3/WN 3111 J0 ,061 'M 311 4 I n s1 ,r06 'OS 311 JO.OS[ 'ON 3111 JO 3N1 ON a p C �+- p -jrT 3 Qyl m I l,l�ol, IIl �II III II I I L --fit z `j1I11� �----- —� w0 411 � 8 N $ o C~• _oic -----j r =av h. z 0 c L O Y 6) m 03 C c� ow 3 cu -o c m L p vJ co v m 0?. a — CU G (n _r ` . [P na)(Cu3: p m C L CL 0-'o O N a CU a) CL— M CL a>a c c in oL N 3 L c0 a p C �+- p �-a 3 c 3 I' Jnr ---J 60'ltZ S,6f.W S — i F- a D. W n�. O W W O �;;gggKa � �Nnv91a Y of ui N MST. HOUSE vma roNrvi_ �3p PLAYGROUND , o IM H1010320 (A supplement to the 8 point memo of August 7 on the subject "Proposed Modifications to Burlwood Development") Consideration is invited to this alternative plan favored by the signatories and offered to accomplish the proposals detailed in items 1-4 of that memo. A concept drawing by R.Christensen with the configuration, lot size, and roadway dimensions subject to confirmation and refinement by Burlwood engineers. 8-11-03 240.0' 230.0' i] Exisr. xousE EXISTING o HYD, L M.H. Cu O o o NORTH O 21152 SG. FT. 381.0' • 15000 SO. FT. I Cu W J U Q' U 0 V] A FT, mo 15070 S0. FT. 15093 SO. 3 15234 SO. FT. 15830 SO. 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S/ZE TYPE 60) 7' ASH C -Q- 603 10' MAPLE 604 4' ASH 605 6' ASH 5610 6' ASH 607 6' ASH. 606 562 609 8' MAPLE 'J 6` ASH 563 2" MAPLE 612 4' ASH 613 564 614 4" ASH 615 4` ASH 565 24` MAPLE 4" ASH x 8' ASH 6 566 24" MAPLE x " ` 1p 567 22' MAPLE 6" MAPLE n 568 22' PINE x 18' ASH 625 12" MAPLE 569 10" PINE 6" MAPLE x 12' ASH 628 570) 8" MAPLE 629 x 630 3' ASH 571 6" ASH 3" MAPLE x N 633 572 12' ASH 634 x 635 d 573 18" MAPLE 4" ASH 637 4' ASH --,�8' MAPLE 574 18" MAPLE x 5-Qvqr 640 4" ASH 641 578` " 642 8' ASH 643 6" ASH 1 2 ASH T� NF 2" ASH x x ,. (v 79-' 100 ASH 5$0 x x �— 581 12" ASH x vac4 - ImAt i 18" ASH x 583 14` ASH x 5844 14" ASH x 8" MAPLE x 587 6" ASH 588 12" MAPLE x (( 589 8" MAPLE x 1� 5�Q 14' ASH x L591-) 10" MAPLE x _ 592 12" MAPLE 594 6' ASH x 595 10" MAPLE x 9$ 10' MAPLE x 12" MAPLE 598 8' MAPLE x Op' 8" MAPLE x 801 18" ASH x 60) 7' ASH C -Q- 603 10' MAPLE 604 4' ASH 605 6' ASH 606 6' ASH 607 6' ASH. 606 V ASH 609 8' MAPLE 610 6` ASH 611 2" MAPLE 612 4' ASH 613 8" ASH 614 4" ASH 615 4` ASH 616 4" ASH 617 8' ASH 6 10' MAPLE 619 " 46 OAK X622 6" MAPLE 623 12' ASH 624 18' ASH 625 12" MAPLE 626 6" MAPLE 627 12' ASH 628 6" MAPLE 629 4" ASH 630 3' ASH 631 3" MAPLE 632 14" ASH 633 20' MAPLE 634 16" ASH 635 4" ASH 636 4" ASH 637 4' ASH --,�8' MAPLE va 639 24' ASH 5-Qvqr 640 4" ASH 641 4' ASH 642 8' ASH 643 6" ASH SA LVED LOST TRANSPL x x x x N BURLWOOD 4 IKEE INVENTORY 7/18/03 PA GE 2 SAVED LOST 1RANSPL N0. S1ZE E SAVED LOST Tm-A%YSPL X 586 NO. SIZE TYPE 0 X X 0 8" ASH 644 6" MAPLE N X X0 645 6' MAPLE 0 646 8" MAPLE m 647 8' MAPLE m X 648 10" MAPLE m 649 14" MAPLE N X 650 10' MAPLE m X 651 s' ASH x' 694 652 12" ?MAPLE X 1 653 %13" MAPLE 695 14" MAPLE 654 4 MAPLE X 655 6' ASH 10" ASH 12" MAPLE X Sia nN �6W �J 6" ASH X 658 10" MAPLE 698 12" ASH 659 12' MAPLE X 660 6" ASH 12' ASH X 661 3' ASH X 700 662 14' MAPLE X 663 18" ASH 701 4" PINE 664 8" MAPLE X 665 22" ASH 6" PINE X 666 16" ASH X 703 887 48' PAK X 8 B" ASH 704 �yae BB9- 10" MAPLE t 670 12" ASH 6' PINE X 671 12" ASH X 706 672 12" ASH X 673 12" ASH CL X PINE X 674 6" ASH m 675 6" MAPLE E 676 8' MAPLE a 0 709 677 10" MAPLE X 678 10" MAPLE 0 6" PINE 679 12" MAPLE x 680 10" MAPLE ° X 681 6" MAPLE m 712 662 6" ASH N F -;663 8" ASH m 6" PINE 684 6" ASH X X 685 6' ASH SAVED LOST 1RANSPL N0. S1ZE E SAVED LOST Tm-A%YSPL X 586 6" ASH X X 687 8" ASH X X X0 (6889 4" ASH X X6910 12' MAPLE X X X X 693 12' MAPLE X x' 694 8" MAPLE X X 695 14" MAPLE X X 696 10" ASH X X 697 10' ASH X X 698 12" ASH X X -69 12' ASH X X 700 6' ASH X X 701 4" PINE X X 702 6" PINE X X 703 6" PINE X X 704 6' PINE X X 705 6' PINE X X 706 6" PINE X X708 X PINE X 6' E x X 709 6' PINE X X 710 6" PINE X x 711 6" PINE X X 712 6" PINE X X 713 6" PINE X X 715-v —714 6" PINE X X S(n"vm 716 6" PINE X X 717 6 PINE X X 718 6" PINE X X 719 6' PINE X X 720 6" PINE X X 721 6" PINE X X 722 6' PINE X X 723 8" PINE X X 724 6" PINE X X 725 6' PINE X X 726 4' PINE X X 727 6" PINE X X 728 6" PINE X m BURLWOOD TREE INVENTORY 7/18/03 — PAGE 3 SAVED LOST IRANS x x iyo-- SAVED LOST ?FAMSEL 771 NO. SIZE E 0 729 6" PINE PINE 730 B" PINE 8" 731 4" PINE 0 732 6" PINE m 733 6" PINE a 734 6' PINE Ln 735 4' PINE m 736 4' PINE 737 6" PINE PINE 738 6" PINE 6" 739 8" PINE 780 740 8" PINE x 741 B' PINE 742 8" PINE 743 4' PINE 744 8" PINE 745 6' PINE 746 6" PINE 747 12' PINE 748 10' PINE 749 6" PINE 750 8' PINE 751 10" PINE 752 14" PINE 753 6" PINE 754 6" PINE 755 6' PINE 756 4" PINE 757 6" PINE 758 6" PINE a 759 6" PINE 760 8" PINE m 761 6" PINE n 762 6" PINE 763 6" PINE m 764 10" PINE 765 6' PINE p 766 6" PINE m 767 6" PINE 768 6" PINE 769 6" PINE 770 6" PINE SAVED LOST IRANS x x iyo-- SAVED LOST ?FAMSEL 771 6" PINE x 772 4" PINE x 773 8" PINE x 774 6" PINE x 775 6" PINE x 776 6" PINE x 778 6" PINE x 779 6" PINE x 780 6" PINE x TOTAL CALIPER INCHES ON SITE TOTAL CALIPER INCHES SAVED TOTAL CALIPER INCHES LOST s. 1814 1373 (76%) 441 (2411 a m m N 0 m 0 0 m J 7 BURLWOOD TREE INVENTORY 7/18/03 - PAGE 1 A/0 S17F/7-YPF SAVED LOST TRANSP N0. SIZE TYPE SAVED LOST IRAN PL 7"" X 560 502 ` V C X61. 604 4' ASH ^ASHpl X 56 563 605 6' ASH X 564 606 6' ASH X O 565 24" MAPLE X 607 6" ASH X 1p 566 24" MAPLE X 608 5" ASH X X 567 22' MAPLE X 609 8" MAPLE n 568 22" PINE X 610 6' ASH X 569 10" PINE Y 611 ;Z l 9 2' MAPLE A" ACF; X X 570 8' MAPLE A 613 8" ASH X 571 6" ASH X 614 4" ASH X 572 12' ASH X 615 4" ASH X 573 18" MAPLE X 616 4" ASH X 574 18" MAPLE X 617 6" ASH X 575 576 10" ASH 12" ASH X X 618 10" MAPLE X 577 6" ASH X 619 X --578 2" ASH X 620 46" OAK X —%'579 10" ASH X 621 X 580 X X 622 623 6" MAPLE 12" ASH X X 581 12' ASH X —582 18" ASH X 624 18" ASH 583 14" ASH X 625 12" MAPLE X ' 584 14" ASH X 626 6" MAPLE X 627 12" ASH X 585 586 8" MAPLE X 628 6" MAPLE X 587 6' ASH X 629 4" ASH X 588 12" MAPLE X 630 3" ASH X 589 8" MAPLE X 631 3" MAPLE X 590 14" ASH X 632 14" ASH X 591 10" MAPLE X 633 20' MAPLE X 592 12" MAPLE X 634 16" ASH X 635 4" ASH X 593 594 6" ASH X 636 4" ASH X 595 10" MAPLE X 637 4" ASH X 596 10" MAPLE X 638 8" MAPLE X 597 12" MAPLE X 639 24' ASH X 598 8" MAPLE X 640 4' ASH X 641 4' ASH X 599 600 8" MAPLE X 642 8' ASH X 601 18" ASH X 643 6" ASH X N BURLWOOD Q TREE INVENTORY 7/18/03 - PAGE 2 0 0 Ln 0 CD m N0 N m • NO. SIZE T?PE 644 6" MAPLE 645 6" MAPLE 646 8" MAPLE 647 8" MAPLE 648 10" MAPLE 649 14" MAPLE 550 10" MAPLE 651 6" ASH 652 12" MAPLE 653 13" MAPLE 654 4 MAPLE 655 6" ASH 656 12" MAPLE 657 6" ASH 658 10" MAPLE 659 12" MAPLE 660 6" ASH 661 3' ASH 662 14" MAPLE 683 18" ASH 664 8" MAPLE 665 22" ASH 666 16" ASH 667 48" PAK 668 8" ASH 669 10" MAPLE 670 12" ASH 671 12" ASH 672 12" ASH 673 12" ASH 674 6" ASH 675 6" MAPLE 676 8" MAPLE 677 10" MAPLE 678 10" MAPLE 679 12" MAPLE 680 10" MAPLE 681 6" MAPLE 682 6" ASH 683 8" ASH 684 6" ASH 685 6" ASH SAVED LOST TRANSPL Q ,4 x i, 60. SIZEE T17'E 666 6" ASH 687 8" ASH 688 689 4" ASH 690 12; MAPLE 691 12 MAPLE 692 693 12' MAPLE 694 8" MAPLE 695 14" MAPLE 696 10" ASH 697 10" ASH 698 12" ASH 699 12" ASH 700 6" ASH 701 4" PINE 702 6" PINE 703 6" PINE 704 6" PINE 705 6" PINE 706 6" PINE 707 6" PINE 708 6' PINE 709 6" PINE 710 6" PINE 711 6" PINE 712 6" PINE 713 6" PINE 714 6" PINE 716 6" PINE 717 6" PINE 718 6" PINE 719 6" PINE 720 6" PINE 721 6" PINE 722 6" PINE 723 6" PINE 724 6" PINE 725 6" PINE 726 4" PINE 727 6" PINE 728 6" PINE 5AVLU LOST Tm—,q L x x x x x x X x x x x x x x x x x X x x x x x x x x x m BURLWOOD a TREE INVENTORY 6" PINE 7/18/03 - PAGE 3 4" PINE NO. SIZE17- SAVED LOST ILANShL ° 729 6" PINE x 6" PINE 730 8" PINE x 6" Ln 731 4" PINE x ° 732 6" PINE x m 733 6" PINE x PINE 734 6" PINE x N • 735 4" PINE x 6" ° 736 4" PINE x 737 6" PINE x 738 6" PINE x 739 8" PINE x 740 8" PINE 741 8" PINE x 742 8" PINE x 743 4" PINE x 744 8" PINE x 745 6" PINE x 746 60 PINE x 747 12" PINE x 748 10" PINE x 749 6" PINE x 751 100 PINE x 752 14" PINE x 753 6" PINE x • 754 6" PINE x 755 6" PINE x 756 4" PINE x 757 6" PINE x 758 6" PINE x Q 759 6" PINE x m 760 B" PINE x m 761 6" PINE x cu 762 6" PINE x 0 763 6" PINE x m 764 10" PINE x ° 765 6" PINE x ° 766 6" PINE x m 767 6" PINE x 768 6" PINE x 769 6" PINE x 770 6" PINE x /VV. SIZE/ 17- x 771 771 6" PINE 772 4" PINE 773 8" PINE 774 6" PINE 775 6" PINE 776 6" PINE 777 6" PINE 778 6" PINE 779 6" PINE 780 6" PINE SAVED LncT 7F7AA/SP/ TOTAL CALIPER INCHES ON SITE 1814 TOTAL CALIPER INCHES SAVED 1373 (76x) TOTAL CALIPER INCHES LOST 441 (24%) x x x x x x x x x. x TOTAL CALIPER INCHES ON SITE 1814 TOTAL CALIPER INCHES SAVED 1373 (76x) TOTAL CALIPER INCHES LOST 441 (24%) • City of Chanhassen • 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 Date: 7/24/2003 To: Development Plan Referral Agencies From: Planning Department By: Sharmeen Al-Jaff, Senior Planner Subject: Preliminary Plat to replat of 3.63 acres into 9 single family lots with variances, and a wetland alteration permit, Burlwood, Epic Development, LLC, located at the southwest intersection of Lake Lucy Road and Powers Boulevard. Planning Case: 2003-12 SUB The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on July 18, 2003. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on August 19, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than August 8, 2003. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments airy Engineer City Attorney City Park Director Fire Marshal wilding Official Water Resources Coordinator 2. WateWhed District Engineer 3. Soil Conservation Service 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers Minnegasco 7. MN Dept. of Natural Resources 19relephone Company (US West or United) Olectric Company (Excel Energy or MN Valley) 1&Triax Cable System 11. U. S. Fish and Wildlife aer County Engineer b. Environmental Services 13. Other - 14. FROM : • FAX NO. : • Jun. 15 2001 02:12PM P1 BOB MARTINKA 6650 Powers Blvd. Chanhx%.x , MN 55317 Telephone (952) 474-1103 Ju.ly 20, 2003 TO: Sharmeen Al-Jaff Senior Planner City of Chanhassen FAX. 227-1110 Dear Sharmeen: J would appreciate your providing us with a copy of any latest narrative and drawing proposal available on the Kerber property, if different from that submitted July 3. As I will be traveling, my daughter Mary or other family member could call for it if left at the front desk of City Hall in the name of Martinka. By late Tuesday PM or Wednesday AM would be helpful if available for distribution at that time.. Phone message, if any, may be left at 474-1103 and I will be checking messages couple times a day. Thanks for your assistance. Sincerely, Bob Martinka RyRering Eng SERVICES July 18, 2003 Ms. Sharmeen Al-Jaff Senior Planner Planning Department City of Chanhassen 7700 Market Blvd., Box 147 Chanhassen, MN 55317 Re: Burlwood 9 Lot Single Family Subdivision Dear Ms. Al-Jaff: VIA MESSENGER 434 Lake Street Excelsior, MN 55331 Tel 952-380-5000 Fax 952-380-5010 w ..ryanengineering.com Enclosed, please find the 17 full-size copies and 1 half-size copy of the Preliminary Plans for the above referenced project. We are also including copies of the project narrative, the detailed tree inventory and the rainfall calculations for Matt Saam. If you have any further questions or comments, please contact our office. Sincerely, RYAX,9NGINEEVNG, INC. Perry M.Ajan E. President Enclosures Cc: Mr. Rich Ragatz — Epic Development 4 • 7 — is --6 3 • PRELIMINARY PLAT APPLICATION (1) Identification and Description a. Proposed name of the subdivision is: Burlwood b. Legal Description: That part of the Northwest Quarter of the Southwest Quarter of Section 2, Township 116 North, Range 23 West of the 5`s Principal Meridian, lying westerly of the centerline of County State Aid Highway 17. Excepting there from the four following described parcels of land. Exceptions: 1. The South 434.00 feet of the above described property 2. The North 240.00 feet of the South 674.00 feet of the West 215.00 feet of said Northwest Quarter of Southwest Quarter 3. The North 230.00 feet of the South 904.00 feet of the West 190.00 feet of said Northwest Quarter of the Southwest Quarter 4. That part of the West 200.00 feet of said Northwest Quarter of the Southwest Quarter, lying northerly of the South 904.00 feet of said Northwest Quarter of the Southeast Quarter. c. Current Owner/Seller: Larry & Kathy Kerber 6420 Powers Boulevard Chanhassen, MN 55317 Developer/Buyer: Richard Ragatz Epic Development, LLC 3441 St. Paul Avenue Minneapolis, MN 55416 Land Surveyor: Thomas Hodorff Harry S. Johnson Co., Inc. 9063 Lyndale Avenue South Bloomington, MN 55420 Engineer/ Designer of the Plat: Perry Ryan, P.E. Ryan Engineering 434 Lake Street Excelsior, MN 55331 d. See attached plans for scale e. See attached plans for north arrow f. Date of Preparation: July 18, 2003 (2) Existing Conditions: a. See attached plans for boundary lines of proposed subdivision b. Existing zoning classification for land within and abutting the subdivision is: Residential - Low Density (Net Density Range 1.2 - 4 u/Acre) c. Total site size is 5.17 acres or 225,058 square feet and 3.995 net acres (excludes Powers Blvd and Lake Lucy right-of-way); Lot sizes are as follows and the dimensions are on the Preliminary Plat: Is Lot 1: 21,057 Block 1 Lot 2: 18,862 Lot 3: 18,778 Lot 4: 18,994 Lot 5: 15,038 Lot 6: 15,193 Lot 1: 13,951 Block 2 Lot 2: 13,739 Lot 3: 13,646 Average Lot Size =16,584 square feet d. See the attached ALTA and Topographic Survey for details. The site does not have any existing streets, however, there is a platted cul-de-sac that dead -ends along the subject's southern boundary called Golden Glow Court. There are two structures on the subject property, which are a single family home and a detached two -car garage that should be demolished prior to construction. e. Starting with the parcel adjacent to the west of the subject and along Lake Lucy Road: Jon & Laurie Steckman at 1215 Lake Lucy Road; adjacent to the west and just south of the Steckman's is Bob & Ethelyn Christensen at 6648 Powers Blvd (he plans to subdivide in the Spring of 2004); adjacent to south of Christensen's is Bob & Diane Martinka at 6650 Powers Blvd (they have talked about subdividing with the neighbors a couple years ago, however, they currently are saying they have no interest); immediately south of subject is Carol Egyhazi at 6720 Powers Blvd; and abutting the proposed cul-de-sac to the west is Michael & Margaret Cuccia at 6722 Powers Blvd. f. See attached Topographic Survey for details g. Location, size and approximate grade of proposed public sewer and water mains are as follows: h. See following soil -boring report completed by GME Consultants and dated June 2, 2003. i. See attached utility plan for details. j. The location of the wetland is detailed on the ALTA and Topographic Survey. The wetland was identified in the enclosed Wetland Delineation Report completed by GME Consultants and dated May 22, 2003. The area of the wetland totals 5,963 square feet. k. The property is not within the Bluff Creek Overlay District. (3) Proposed Design Features: a. See attached street plan for details. b. There will not be any pedestrian ways due to the size of the site. See Utility plan and ALTA Survey for utility easement details. c. See enclosed land plan for details. d. Minimum setback lines are shown on the enclosed land plan. e. There are no areas intended to be dedicated or reserved for public use due to the site size. f. See attached Utility plan for details. g. The site is not a recorded plat. (4) Supplementary Information: a. The proposed land plan shows a total of 9 single-family lots that are projected to have homes priced between $350,000 to $550,000. This is a small and low-density development that should have minimal impact on traffic, additional fire hazards, or population density. b. No proposed protective covenants, however, we are preserving through design and transplanting, as many trees as physically possible. c. See attached Drainage plan for details. d. See attached Grading plan for details. e. No zoning changes proposed. f. Subdivider does not own any adjacent land. g. See attached soil erosion and sediment control plan. h. See attached vegetation preservation and protection plan for details. We have thoughtfully designed the proposed plan so that as many of the mature trees as possible can be preserved. The ones that cannot be preserved due to construction will be transplanted wherever possible. It should be noted that we are tying into the existing elevation along Martinka's property boundary and will not be filling or cutting more than 3 feet within 10 feet of this property line. Therefore, we feel that there should be no adverse impact to Martinka's property and we think that we have done everything in our power to protect adjacent properties. The required variances are: 1. Private Drive 2. Christensen Frontage 3. Lots 1-3 Block 2 do not meet the 15,000 square foot minimum lot size The subject site and surrounding under -developed parcels make designing a subdivision that allows future development a challenge. We have several alternative 8 and 9 lot layouts that would not require any variances, however, these layouts would not provide access and conform to the Golden Glow Court cul-de-sac designed and platted in 1995. As a result, we feel that our land plan preserves the most trees, improves public safety (concentrates ingress/egress to Powers Boulevard on a public street verses a private drive), and allows adjacent under -developed parcels to subdivide in the future via connecting to the road/future cul-de-sac. j. For the water distribution system see attached k. All meet minimum City Code requirements. 1. Such other info requested by City. Due to the controvercy of the subject property and surrounding area (Golden Glow Acres development), a historical summary is warranted. See following page for details. m. Due to the size of the site and minimal number of units, no photo composite images or artistic renderings have been provided. 0 E HISTORY OF SUBJECT PROPERTY AND SURROUNDING AREA The history of this micro area really started when Ravis, the single family home that is adjacent to the south of the Kerber property and fronts Powers Boulevard, decided it was time to develop the property. Unfortunately, the Kerber's were not ready to sell or seriously consider development alternatives. As a result, Chanhassen completed Alternative Development Proposals for the Ravis Property and adjoining parcels (LUR File number 954) dated February 24, 1995. This weighed the pros and cons of various scenarios. In the end, Option "E" was determined to be the best solution. One of the main reasons was that it would eventually eliminate one access point from Powers Boulevard. This scenario was chosen. The City process resulted in a Final Plat and Development Agreement dated December 16, 1996. The development agreement states that if/when the public street/cul-de-sac is constructed in the future, access to Lots 2, 3 and 4 shall be limited to the public street/cul-de-sac and the private driveway along the south side of Lot I shall be abandoned and removed in conjunction with the project. In addition, Ravis dedicated a 50 -foot cul-de-sac easement over Lots 1 and 2. Subsequent to the Final Plat Approval from the City of Chanhassen, 3 homes were built and sold in 1999 and 2000. In addition, the developer, Ravis, sold to Carol Egyhazi in January 1999. The other properties affected by the cul-de-sac are the Christensen and Martinka parcels. Christensen bought in August of 1994 and Martinka purchased in July 1999. Given the above history and our several meetings, we are moving forward with the Option "E" that the City determined was the best scenario. It should be noted, however, that we are stopping the road short, dead -ending this street to the platted Golden Glow Court cul-de-sac due to Martinka's unwillingness to participate (sign the application). It is not possible to extend the road and connect up with the platted Golden Glow Court cul-de-sac without having a portion of the road and road right of way on Martinka's property. The road and cul-de-sac can be connected at a future date when Martinka and/or the two under -developed parcels to the south decide to subdivide. See attached development agreement that I presented to Robert Martinka. In my opinion, this agreement was more than generous and gave the Martinka's the ability to subdivide in the future, would result in the least impact to their property, preserve as much privacy as possible, and all of this at no cost to the Martinka's. He was unwilling to sign this development agreement. At this point, I have withdrawn this more than generous offer. I have also purchased 17 feet from Carol Egyhazi, parcel abutting to the south, in order to minimize the impact on the Martinka and Christensen parcels. Subsequent to 0 0 this agreement, Egyhazi rescinded the offer the day after, however, according to my attorney, it still represents a binding agreement. I do not plan to try and enforce this agreement. As a result, the future street connecting the cul-de-sac to Powers Boulevard is primarily on my/Kerber's property that is being developed. This is the situation even though Martinka and Christensen both can and will subdivide their properties. In addition, engineering has stated that I, being the developer, will be responsible for all of the cost of any road/cul-de-sac constructed, even though several people benefit (14 potential/future lots benefit with my development comprised of 5 of those benefiting lots). This cul-de-sac also adversely impacts the three southern future lots of my property due to the lots having double or triple frontage. I understand that planning can be extremely challenging when parcels develop independently, however, a parcel owner should not be penalized for waiting to develop. The land plan submitted is the most effective considering the current constraints. 0 DEVELOPMENT AGREEMENT This is a development agreement between Robert and Diane Martinka located at 6650 Powers Boulevard and Richard Ragatz of Epic Development, LLC, who is the developer of the Kerber parcel located at 6700 Powers Boulevard in Chanhassen, Minnesota. The Martinka's agree to sign this document that will allow Epic Development to proceed with a low-density single-family development on the Kerber property based on the following requirements: 1. Absolutely no cost to Martinka's for any construction costs that benefit the Martinka's that include, but are not limited to the following: street improvements, water/sewer extension, grading, cutting and transplanting of trees, etc. 2. Minimize impact of street and right of way on Martinka property. See full size plan for details. I have moved the road and right of way as far to the east as possible with only a small portion of the southeastern part of your property being impacted. It is not possible to avoid your property in entirety. 3. Minimize tree loss along Kerber's western boundary. Several trees can hopefully be saved due to the 9.5 feet of right of way on the west side of the proposed road. (City originally had right of way 6.5 feet onto your property that is the maximum allowable given where your house sits and current setback requirements. I am bringing as much of the right of way onto my property as possible. 4. Transplant two trees to your property in order to shield your house from the proposed road/cul-de-sac. 5. Minimize grading to Martinka property. 6. Any damage to the trees or grass on the Martinka property will be replaced or fixed at the sole cost of Epic Development, LLC. Based on the preceding development requirements, we will allow the development of the Kerber property to move forward and understand that a portion of our property will be platted and improved with a road and road right of way. Agreed and Accepted Developer: Date: Robert Martinka: Date: Building Inspections Dear Mr. Ragatz: CI11 OF July 11, 2003 CIIMNSEN This letter is to notify you that the city is returning your application request for 7700 Market Boulevard subdivision of `Burlwood" as it is incomplete for the following reasons: PO Boz 147 Mr. Richard Ragatz Chanhassen, MN 55317 Epic Development, LLC Administration 3441 St. Paul Ave. Phone: 952.227.1100 Minneapolis, MN 55416 Fax 952227.1110 given their consent to any development occurring on their site. Building Inspections Dear Mr. Ragatz: Phone: 952.227.1180 Sincerely, Fax: 952227.1190 This letter is to notify you that the city is returning your application request for Seior Center subdivision of `Burlwood" as it is incomplete for the following reasons: Engineering Sharmeen Al-Jaff Phone: 952.227.1150 Senior Planner Fax: 952.227.1170 • The property owners (Martinka's) have not signed the application. A Finance portion of the development encroaches onto their property. They have not Phone: 952,227.1140 given their consent to any development occurring on their site. Fax: 952.227 1110 Park & Recreation • Ms. Carol Egyhazi rescinded her signature from the application. Phone: 952.227.1120 Fax: 952.227.1110 • Ten and 100 year storm calculations must be submitted. Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 . Show trees to be removed by an "X" and highlight trees to be moved. Fax: 952.227.1404 • Show impact of grading on trees located on the "Martinka" property. Planning 8 Natural Resources Phone: 952.227.1130 The City will be returning your check in the next accounts payable cycle. Should Fax: 952.227.1110 you have any questions, please feel free to contact me. Public Works 1591 Park Road Sincerely, Phone: 952227.1300 Fax: j Seior Center Phone: 952227.1125 Sharmeen Al-Jaff Fax: 952.227.1110 Senior Planner Web BNe www.ci.chanhassen.mn.us SAJ:/ c: Larry and Kathy Kerber The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks, A great place to live, work, and play. CITY OF CHAN HASSEN • • 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: MW DEVELOPERS, LLC Date: 07/08/2003 Time: 11:03am Receipt Nunber: EE / 3829 Clerk: BETTY DEV REVIEW APPLICATION ITEM REFERENCE AMOUNT DEVAP USE 8 VARIANCE 935.00 SIGN RENT 75.00 PLAT RECORDING 400.00 SIGN ESCROW 100.00 WETLAND 275.00 Total: 1,785.00 Check 2270 1,785.00 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! • -.�, Carol �yhGzi , civ 1occt-lb O-anccl +h c cicArccme-ALf s, riec1lo me cn 4 %-03-03 W1'+ KI karcl (Naf� Gtnd� r 1�i5 or�ahi #ion. f h(s been thc -irlsf business c(o. foOoLi('k Aldo� thaf a rcc m e n+.he vic` pr-opcc--Fy I; ne belor ; �� I -o Lo+ ) , Gc ddevh Glou) Ac('cs Zs to s+av Sts . No YcA6av)oc,easc mc/t4f or any u5eaq�c- for o Yny homes Ccrn.sfrvecd In tl�e cleveoprnent f Kcrber's to nd is canted Co�1 yhC (970 ( ocJc-m t31vd n hCkSSen1, 5531'7 Ccro ex- 00, 7-o7-03 .� • • Karhef Prr.:�. Date: Date of Execuflm Apd13 6 2003. ] 0 -Al 4,>Ier shall t•aae ro fut h,� r rights or ct ._ 1 Between: Lawrence & Kathleen Kerber, hereinafter referred to as eller4 heal r.<, for, Wd f And: Epic Development, LLC (.RIChard Ragatz as Managing Partner) hereinafter referred to as "Buyer". 3~,% +rs-srlli pwr she# engape the True Company to perto, , Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, certain reatpropertypursuant to the terms and conditions of this Agreement. 1. Property To Be Purchased. The following is collectively described as the "Property." 1. All that property and land consisting of approximately 3.9955 acres located at 6700 Powers Boulevard, in the City of Chanhassen, Carver County, Minnesota, PID Number 250021000, legally described in Exhibit A herein. The Property currently is comprised of a single-family rental home with a detached garage and vacant land zoned for single-family residential development. 2. Personal Property. Seller shall make commercially reasonable efforts to remove all fors of personal property from the premises prior to Closing. Any personal property left on the premises shall become the personal property of Buyer at Closing, and Buyer in its sole discretion may remove and dispose of any materials left behind by Seller. 3. All right, title, and interest of Seller in and to adjacent streets, alleys, easements, accessways, rights-of-way, improvements, appurtenances, and buildings. 2. Purchase Price. Closing, and Conditions. 1. Purchase Price. subject to adjustments noted f below. 10 ;xt 2. Personal Property. Seller shall remove all personal property located on the Property, including specifically all debris, rubbish, garbage, tires, and all materials in cans, barrels, buckets, spray:: cans and bottles, bottles, or any type of container, prior to Closing, provided, however, that Seller may leave on the Property any personal property that may be disposed of in a construction or demolition landfill. Prior to the Closing, Buyer may inspect the Property and inform Seller of any materials that Seller must remove prior to the Closing, in accordance with this Agreement. In the event Seller fails to remove any such personal property, as required by this Agreement, then Buyer may remove the same and receive a credit against the Purchase Price to be paid at the Closing for any cost or expense incurred by Buyer in such removal, up to a maximum credit of $10,000 (Ten Thousand Dollars). 3. Payment of Purchase Price. One hundred percent cash at the time of Closing. 4. Closing. The 'Closing" of the transaction contemplated by this Agreement shall occur 120 days after a fully executed purchase agreement. 3a:5 to C1LS"4-',,,.:, will . 4mr4p tnfe to tY,- ornopl+v tfoP 3. Eamest Monev. Buyer shall pay to Seller 'Earnest Money' as described herein. If Buyer completes the purchase of the Property, the Earnest Money shall be credited toward the Purchase Price at Closing. The Earnest Money shall be paid to Seller as nonrefundable funds. However, such Earnest Money shall become refundable to Buyer (whether deposited with the Title Company or actually paid to Seller) under other terms and conditions contained herein. Buyer shall pay to Seller Earnest Money in the following manner. 1. Earnest Money. Upon execution of this Agreement, $50,000 (fifty thousand dollars) shall be deposited with the Title Company. At the end of a 35 -day examination period (the 'Suitability ; Date'), the Buyer shall notify the Seller in writing of the suitability of the Property (the 'Notice of Suitability') and the Earnest Money shall be released and paid to Seller. If Buyer terminates this Agreement in writing prior to the Suitability Date or fails to deliver the Notice of Suitability, the 10 0 Kerber Property Earnest Money shall be refunded to Buyer, and Buyer and Seller shall have no further rights or obligations hereunder except as otherwise provided in this Agreement. 4. Marketable Title. As soon as practical hereafter, Buyer shall furnish and pay for, and Seller shall cooperate in the performance of the following: 1. Title Commitment. Buyer, with Seller's assistance, shall engage the Title Company to perform whatever activities are necessary in order for the Title Company to issue a commitment for a policy of title insurance (most current form of ALTA Form B) showing marketable title for the Property in the full amount of the Purchase Price, along with true, correct, and legible copies of the underlying documents affecting the Property. 2. Title Policy. Thereafter, the Buyer shall obtain from the Title Company, upon the recording of the general warranty deed and other conveyance documents, an Owner's Title Insurance Policy for the Property purchased. Such policy shall be in the full actual amount of the Final Purchase Price, insuring fee simple title to the Property as being vested in Buyer subject only to the Permitted Exceptions. 3. Objections, Corrections, and Exceptions. As soon as reasonably possible, Buyer shall review all survey, site information, and title commitment matters and deliver in writing to Seller such objections as Buyer may have to the marketability of title. Any such item to which Buyer shall not object shall be deemed a "Permitted Exception". If there are objections by Buyer, Seller may but shall be under no obligation to satisfy them prior to Closing and to cause the Title Company to revise the Title Commitment to reflect such satisfaction. 4. Cost of Corrections. Seller shall be required to satisfy, at Closing or prior to Closing, any lien, mortgage, or other encumbrance caused by Seller. • v y, 5. Inability to Convey. If Seller delivers written notice to Buyer within fifteen (15) days of the date of Buyers objections pursuant to paragraph 4.3 hereof, that Seller is unable to satisfy any of such objections, or if, for any reason, Seller is unable to convey title of the Property to Buyer, Buyer may, in addition to its other remedies hereunder, take any or all of the following actions: (a) waive such objections and accept such title as Seller is able to convey, or (b) terminate this Agreement by written notice to Seller given within ten (10) days of the date of Sellers notice hereof. 6. Termination. Upon the termination of this Agreement pursuant to paragraph 4.5, and notwithstanding any provision to the contrary contained herein, Seller shall repay to Buyer any Earnest Money that may have been paid to Seller, and Buyer and Seller shall have no further rights or obligations hereunder except as otherwise provided in this Agreement. 7. Encumbrances. Subsequent to the execution of this Agreement, Seller shall not encumber the Property other than with encumbrances which provide for release thereof at Closing in accordance with this Agreement and Seller will not allow a formal notice of default to remain uncured with regard to such encumbrances. 8. Warranty of Conveyance. Seller represents and warrants to Buyer that at the Closing, Seller will have and will convey to Buyer good and marketable fee simple title to the Property free and Gear of any and all encumbrances except the Permitted Exceptions. 9. Title Company. Commercial Partners Title LLC. b. Survey. As soon as practical hereafter, Buyer shall furnish and pay for. 1. Certified Survey. A current 'Survey" of the Property, prepared by a duly licensed land surveyor in the State of Minnesota, made and certified to Buyer, Seller, Title Company, and any lender(s) designated by Buyer. 2. The Survey shall be prepared in accordance with the most recently established requirements for ALTA - ACSM land title surveys indicating the location of all buildings, improvements, encroachments, existing and proposed roads, railroads, fences, and overland and underground utilities and easements. The Survey shall also be staked on the ground. • • Kerber Property 3. The Survey shall indicate any recorded encumbrances and certify the total number of acres comprising the Property, including acreage consumed by easements, rights-of-way, setbacks, wetlands, and the like, and a certification as to any flood plain hazards or shoreline conditions as may be set forth by any governmental agencies, and all other matters affecting the Property. � h L. Inspections. "upertv 1. Existing Records. Upon Execution of this Agreement, Setlefshall provide to Buyer copies of all materials which Seller has in its possession or control which pertain to the environmental condition of the Property and the surrounding vicinity; copies of all municipal studies or reports pertaining to land usage, traffic patterns, assessments, zoning status, utilities and infrastructure, comprehensive planning programs, surveys, and all other records and documents of Seller as they relate to the physical condition, development, use, and operation of the Property. 2. Inspections. Buyer, at its expense, may conduct any study of the Property as Buyer may desire to determine whether or not the Property is suitable for Buyer's intended use. After Execution of this Agreement, Buyer and its representatives, agents, and contractors may enter the Property to inspect the Property and perforin such studies and tests deemed necessary by Buyer and shall have the further right to make such inquiries of governmental agencies, utility companies, and the like, as Buyer considers necessary to determine the suitability. Upon termination of this agreement for any reason, except Seller's default, the Buyer shall assign to the Seller the Buyer's rights in all data collected pursuant to Section 6 and survey collected pursuant to Section 5, at no expense to Seller. 3. Damage to Property. Buyer at Buyer's cost will repair any resulting damage to the Property and t",f will indemnify and hold harmless Seller from any injury or damage to persons or property caused d� by such inspections and tests. Notwithstanding anything in this Agreement to the contrary, this obligation and indemnity shall survive termination of this Agreement and / or Closing. us 4. Development Approvals and Responsibilities. Buyer shall in good faith after execution of this Agreement proceed immediately with whatever planning, engineering, architectural, financial, legal, and organizational commitments are necessary to apply for and secure the approvals for a project. Seller in good faith will support Buyer's activities thereto, and agrees to execute such documents as may be reasonably necessary to effect the Approvals. Seller shall not become a party to or responsible for any municipal development agreement crafted by Buyer. 5. Environmental Notice. Buyer's obligation to Gose hereunder is expressly contingent upon Buyer's satisfaction that environmental conditions noted in environmental reports do not prevent the intended development of the Property as determined by Buyer. In the event that an environmental condition prohibits the intended development of the Property, Buyer may send written notice of the termination of this Agreement to Seller within 45 days of the execution of this purchase agreement and in the event that no such notice is timely sent,said objections are deemed waived. Upon such termination, the Seller shall immediately refund all Earnest Money paid to Seller, and the Title Company shall return all Earnest Money on deposit to Buyer, and Buyer and Seller shall have no further rights or obligations hereunder except as otherwise provided in this Agreement. 6. Governmental Approvals. Buyer's obligation to purchase the Property is not subject to and contingent upon Buyer obtaining final plat approvals from the City and any other governmental authority having jurisdiction over the Property as Buyer deems necessary to proceed with the intended improvements to the Property (the 'Governmental Approvals. 7. Use of Property. During the period from Execution of this Agreement to Closing, Seller shall take care of the Property in the manner in which it has been taking care of prior to the execution of this Agreement at Sellers discretion. Seller will not without Buyer's consent enter into, amend or terminate any leases, contracts or other encumbrances affecting the Property or waive any rights hereunder except: (i) as may be required to perform Sellers obligations under this Agreement; (ii) matters which do not extend beyond Closing; and (iii) matters consented to by Buyer, which consent shall not be unreasonably withheld. • • Kerber Property /i-8- Imoairnent of Property From and after the date of Initial Execution of this Agreement, Seller shall not do or permit others to do any of the following on or to the Property, without Buyer's prior written consent: logging, grubbing or clearing, grading, removal of gravel, rock, sand, dirt or minerals, or dumping of waste materials or rubbish on the Property provided, however, that seller may continue to use the existing "dump and borrow' pile on the Subject Property. akc i.1e i 9. Condemnation of Property. Seller shall give Buyer prompt notice of and consult with Buyer regarding any actual or threatened taking in condemnation affecting the Property. If prior to Closing all or any part of the Property is taken in condemnation or by transfer in lieu of condemnation or condemnation proceedings are commenced against the Property, and such proceeding materially affects the suitability of the Property, Buyer will have the option to terminate this Agreement or to accept the Property with such condemnation, which option must be exercised within ten (10) days notice thereof to Buyer, or Buyer shall be deemed to have waived such termination option. If this Agreement is not so terminated, Seller will pay over to Buyer at Closing any condemnation awards received prior to Closing, and assign to Buyer Seller's interest in all unpaid condemnation awards Provided, however, that any relocation benefits shall be the property of Seller. LO- in Property This Agreement is expressly contingent upon there being no degradation in the nature or condition of or circumstances affecting the suitability of the Property for Buyers use prior to Closing. If any such change occurs prior to Closing, Buyer may waive the effect and Close or may elect to terminate this Agreement by written notification to Seller, which option must be exercised within ten (10) days notice thereof to Buyer, or Buyer shall be deemed to have waived such Nin termination option and, notwithstanding any other provisions of this Agreement, all Earnest Money K r1 shall be promptly refunded to Buyer, and the Buyer and Seller shall have no further obligation to each D (l other. In the event that no such notice has been given to Seller within 120 days of the date of I! *AiS agreement, such objections shall be deemed waived, and Seller may retain the earnest money on his property. 11. Municipal Moratorium Prior to Closing, if any municipal agency or unit of government having jurisdiction over the Property as to its use affects any moratorium over the Property or any portion thereof, Buyers obligation to close hereunder shall abate. If such moratorium prevents the Approvals from occurring in a timely manner such that Closing may be delayed, then Buyer or Seller may take one of the following actions: (a) Seller may terminate this Agreement, and notwithstanding any provision to the contrary contained herein, all Earnest Money shall be promptly refunded to Buyer, or (b) Buyer may terminate this Agreement, in which case Seller shall be entitled to retain any Earnest Money so paid, and the Buyer and Seller shall have no further obligation to each other. 15,J12. Closing Documents The Closing shall occur at the offices o(AWTitle Company.",1V4 { a, ",ter J i A. Seller will deliver to Buyer at Closing: 1. A general Warranty Deed, subject only to the Permitted Exceptions, conveying the Property according to the legal description shown on the Survey, all in the Minnesota uniform form. 2. An affidavit that Seller is not a foreign person under Section 1445 of the United States Internal Revenue Code. 3. An affidavit that there are no unsatisfied judgments, liens, or bankruptcies against Property; and no activities have occurred on the Property for which mechanics' liens could be filed; and no unrecorded interests in the Property which have not been fully disclosed to Buyer. 4. A well and / or individual sewage treatment system disclosure certificate or a statement on the deed or contract for deed if applicable. i Of, do r u, Jlliwo;.,..ry Or pvv.idw, :-q to the.P!O-A:,''r 5. Possession of the Property. »r 6. Such other items as may be reasonably required by the Title Company to complete the transaction. Ka.hnrMarw .n • • Kerber Property B. Buyer will deliver to Seller at Closing: .:rr or i•;valurtaty r on efliM5 Pe ndkQ Q� thtreaten,.O 1. The Purchase Price, with the Earnest Money being applied thereto: shay property or "IVA atRl:iy 2. Such other items as maybe reasonably required by the Title Company to complete the transaction. 13. Taxes and Assessments. Seller and Buyer agree to make the following prorations and allocation of costs, fees, taxes and assessments with respect to the Property at the Closing, and only if Closing occurs. 1. Real Estate Taxes and Special Assessments. According to Carver County, there are currently no special assessments levied or pending on the property. Seller shall pay all real estate taxes due and payable in calendar years prior to Closing. Real estate taxes due and payable in the year of Closing shall be prorated between Buyer and Seller as of the date of Closing. Buyer shall pay all real estate taxes and special assessments due and payable in calendar years after the year of Closing. Except to the extent that special assessments and/or governmental development chargestassessments/SAC charges/WAC charges, etc. are certified and payable with the real estate taxes due and payable in the year 2003, all such charges shall be assumed by the Buyer. 2. Deferred Taxes. Seller shall pay prior to or at the Closing any 'green acres' recapture taxes, penalties, or similar obligations payable as a result of the sale of the Property. 14. Closing Costs. Seller and Buyer agree to the following allocation of costs. 1. Buyer will pay all costs associated with issuing the Title Commitment, and Buyer will be responsible for the cost of any title policy issued pursuant thereto. 2. Buyer will pay the cost of the Survey. 3. Seller will pay all state deed taxes required for any deed delivered by Seller. 4. Seller will pay the cost of recording all documents necessary to convey title in the condition required by this Agreement. 5. Buyer will pay the cost of recording the general warranty deed, mortgage registration tax, conservation fund fee, and recording fees for other Closing documents. 6. Buyer and Seller will each pay one-half of the customary dosing fee or charge imposed by the agent for the Title Company. 7. Any security deposits held by Seller shall be delivered to Buyer, e" f�`'y 8. With respect to all other miscellaneous Closing costs (not including prorations), Buyer and Seller shall each pay its share of the Closing costs normally assessed by tate T41e Company in a ;, transaction of this character. t «' Yn"Ka1 *yttsp�jty the S:xte M Minn:,t: r t:x 15. Representations and Warranties When used herein, the phrase "to the best of Seller's knowledge" means the actual knowledge of Seller's current officers only, without special inquiry or investigation. Seller represents and warrants to Buyer, and as of the date hereof and as of the Closing Date, that to the best of Seller's knowledge that: 1. Except for those notices caused by the intended development of the Property, Seller has received no notice of any condemnation, eminent domain proceedings, or public improvement project, or hearings thereto, nor is any such proceeding or assessment threatened by any governmental authority affecting any part of the Property. 2. Seller has not received any notice of any violation of, nor is there any violation of, any ordinance, regulation, law, or statute of any governmental authority or agency pertaining to the Property, except possible City objection to "borrow pile". t» WY t:.r : n::agWa:,.x a KMwr�h"nrn ,n 16. Environmental Representations and Warranties When used herein, the phrase `to the best of Seller's knowledge" means the actual knowledge of Seller's current officers only, without special inquiry or investigation. Seller represents and warrants to Buyer, as of the date hereof and as of the Closing Date, that to the best of Seller's knowledge: 1. For purposes of this Agreement, "Hazardous Substances" shall include any substance, material or waste which is regulated by any local governmental authority, the State of Minnesota or the United States of America ('Environmental Laws. 2. The Property is not and has not been illegally affected by the presence of oil, Hazardous Substances or other pollutants, nor has the Property been used as a garbage or refuse dump site, a landfill, a waste disposal facility, a depository, a transfer station, or any other type of facility for the storage, processing, treatment or temporary or permanent disposal of oil, Hazardous Substances or other pollutants or refuse. 3. Seller has received no notice of violation, nor is there any violation, nor has any violation alleged to have taken place of any Environmental Law affecting the Property or its vicinity. 4. The Seller has not been notified of any potential threatened or endangered species or endangered or protected habitats that may inhabit or affect the Property, nor has the Seller been notified of any potential archaeological or historical significance of the Property and the surrounding vicinity as defined by any applicable laws or regulations. • • Kerber Property r • 3. There are no actions, litigation, or voluntary or involuntary proceedings Pending or threatened against Seller or the Property that might materially and adversely affect the Property or the ability of Seller to perform its obligations under this Agreement. 4. Seller has not received notice of any default (nor is there any default) under any note, mortgage or contract for deed related to the Property. 5. The execution and performance of this Agreement by Seller will not result in a breach or violation by Seller under any other agreement, instrument, note, mortgage, contract, regulation, court decree or order to which Seller may be bound. 6. Except for the Seller, there are no other parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, and no party has been granted any license, lease, or other right relating to use or possession of the Property, except month-to-month oral lease with tenant in existing home on Subject site. 7. Seller shall not grant any liens, leases, easements, options, and rights of refusal or contracts with respect to the Property without Buyer's written consent, which consent shall not be unreasonably withheld or delayed. 8. If any of the Representations or Warranties contained in this Agreement are untrue or incorrect, Seller shall at all times before Closing use commercially reasonable efforts to correct such deficiencies. If any of the representations or warranties contained herein incorrect are on the Closing, Buyer shall be entitled to take either of the following actions on or before the Closing: (a) waive such matters and proceed to Close, or (b) terminate this Agreement by written notice to Seller. If Buyer fails to it elect, shall be deemed to have waived the matter and shall Close. Upon the termination of this Agreement pursuant to the foregoing, and notwithstanding any provision to the contrary contained herein, all Earnest Money paid to Seller shall be promptly refunded to Buyer, and the Buyer and Seller shall have no further obligation to each other except as otherwise provided in this Agreement. 9. If Buyer closes with actual knowledge of a breach or misrepresentation, it shall be deemed to have waived the same to affect the Closing. However, notwithstanding anything contained herein to the contrary, Buyer shall commence any action for damages for a breach or misrepresentation discovered after the Closing Date within thirty-six (36) months after the Closing Date or the action shall be forever barred, 16. Environmental Representations and Warranties When used herein, the phrase `to the best of Seller's knowledge" means the actual knowledge of Seller's current officers only, without special inquiry or investigation. Seller represents and warrants to Buyer, as of the date hereof and as of the Closing Date, that to the best of Seller's knowledge: 1. For purposes of this Agreement, "Hazardous Substances" shall include any substance, material or waste which is regulated by any local governmental authority, the State of Minnesota or the United States of America ('Environmental Laws. 2. The Property is not and has not been illegally affected by the presence of oil, Hazardous Substances or other pollutants, nor has the Property been used as a garbage or refuse dump site, a landfill, a waste disposal facility, a depository, a transfer station, or any other type of facility for the storage, processing, treatment or temporary or permanent disposal of oil, Hazardous Substances or other pollutants or refuse. 3. Seller has received no notice of violation, nor is there any violation, nor has any violation alleged to have taken place of any Environmental Law affecting the Property or its vicinity. 4. The Seller has not been notified of any potential threatened or endangered species or endangered or protected habitats that may inhabit or affect the Property, nor has the Seller been notified of any potential archaeological or historical significance of the Property and the surrounding vicinity as defined by any applicable laws or regulations. j �' • . Kerber Property 5. Seller does not know of any underground or aboveground storage tanks currently or formedy on the Property that had a release for which no corrective action was taken. 6. Seller does not know of any individual sewage treatment systems on or serving the Property except as may be identified in a separate disclosure statement delivered to Buyer. There is a .j septic system which served the house prior to.tyailabi ty of mudcipa�senitar�sewer.. a,rrzrr)tV 7. Seller does not know of any wells on or serving the Property except as may be Identified In a separate disclosure statement delivered to Buyer. There is a water well which served the hots, prior to availability of municipal water service. n,ant 17. Miscellaneous Provisions. 1. Complete Agreement. This Agreement constitutes the complete agreement between Seller and Buyer and supersedes any prior oral or written agreements or understandings between them regarding the Property. There are no verbal agreements that change this Agreement, and no waiver of any of its terns will be effective unless in writing executed by the parties. If any term or provision of this Agreement is invalid or unenforceable, the remainder of this Agreement will not be affected and will remain in full force and effect. This Agreement will be construed and enforced in accordance with the laws of the State of Minnesota. Time is of the essence for all provisions of this Agreement. 2. Date of Agreement. The "Date of Agreement shall be the date set forth as the'Date' on the signature page of this agreement. 3. Buyer Representative. The individual named on the signature page as the 'Buyer Representative" shall constitute the only person required to represent Buyer in all matters in making decisions and executing documents required for the consummation of the transaction contemplated herein. Any payments or deposits made personally from the Buyer Representative shall be deemed to have been made by Buyer, and Seller shall have no recourse against Buyer or other individual members or shareholders of Buyer. In the event of any change of representation, Buyer shall immediately send written notice to Seller of such change. 4. Seller Representative. Any officer of Seller shall be deemed a 'Seller Representative'. Seller hereby authorizes Buyer and the Title Company to pay or release all Earnest Money payments and the Purchase Price directly to any Seller Representative. Any Seller Representative is also authorized to allocate and distribute all such monies to the Seiler. To the extent Buyer or the Title Company makes any payment of any type to any Seller Representative, such payment shall be deemed payment to the Seller, and Seller shall have no recourse against Buyer. In the event of any change of representation, Seller shall immediately Wd writtenAgUce to Buyer of such change. 5. Notices. Any notice or communication hereunder shall be deemed to be delivered when properly addressed to the intended recipient at the address on the signature page of this Agreement and deposited with a national overnight courier, or the U. S. Mail with certified mail, return receipt requested. 6. Attomeys' Fees. If either party shall be required to employ an attorney to enforce or defend the rights of such party hereunder, the prevailing party shall be entitled to recover reasonable attorneys' fees. 7. Binding Effect. This Agreement inures to the benefit of and is binding on Seller and Buyer and their respective successors and assigns. 10. Survival. Any portion of this Agreement which relates to a period after Closing, and all of Seller's representations, warranties, and indemnities will survive Closing or termination of this Contract for a period of twelve (12) months. If Buyer discovers any breach by Seiler of Seller's representations and warranties after the Closing Date, Buyer may bring suit for any damages arising out of such breach. Notwithstanding anything contained herein to the contrary, Buyer shall commence any action for damages for such breach or misrepresentation within said twelve (12) month period or the action shall be forever barred. / • • Kerber Property, 11. Any costs involved in capping or removing the water well and/or removing the septic system shall be the obligation of the Buyer without reimbursement from Seller. 12. Until Earnest Money is paid and released to Seller, the Seller may continue to display a 'For K Sale' sign on the Subject Property. "'" Wifhvdf �W 13. Buyer accepts the house and building on the Subject Property in 'As Is' condition, anAarranty of any kind. 14. It is the intent of the Seller to perform an IRC Section 1031 tax deferred exchange by trading the property herein with a qualified intermediary. Buyer agrees to execute an Assignment Agreement at the request of Seller at no additional cost or liability to Buyer. 15. Buyer agrees to indemnify and hold harmless Seller from any and all liens as a result of Buyers consultants attaching liens to Subject Property. The Buyer is solely responsible for paying said consultants. 18. Default. If Closing does not occur because of a default by Buyer under this Agreement, Seller's sole remedy for Buyer's default shall be to terminate this Agreement and have any and all Earnest Money paid to Seller retained as liquidated damages for the breach of this Agreement. If Closing and conveyance of the Property to Buyer does not occur because of a default by Seller under this Agreement, Buyer as its sole and exclusive remedies may elect to: (1) enforce specific performance of this Agreement to effect the conveyance of the Property to Buyer or, (ii) notwithstanding any provision to the contrary contained herein, may terminate this Agreement and have all Earnest Money returned to Buyer. This election shall occur with thirty (30) days of Seller's default or the election shall be deemed to be item (ii) herein. 19. Commissions and Disclosure. There is no real estate broker representing either party and, as a result, no real estate commission will be paid at closing. Buyer hereby discloses that Buyer is a licensed real estate broker buying for Buyer's own account. Seiler and Buyer each hereby warrant and represent to the other that no brokers, agents, finder's fees, commissions, or other similar fees are due or arising in connection with the transaction contemplated herein. Seller and Buyer each hereby agree to indemnify and hold harmless the other party from all costs and liabilities arising thereto which the other party may incur because of any claim by a third party with respect to the transaction contemplated herein. [ BALANCE OF PAGE LEFT INTENTIONALLY BLANK j K� � �i • • Kerber Property Signature Page – Kerber Property Purchase Agreement IN WITNESS WHEREOF, Seller and Buyer have executed this Agreement in multiple copies, each of which shall be deemed to be an original, on the dates set forth t>elow._aY ? ori'*.t tb %or, Seller xuiar . !r{ - Buyer r Col utg Ctatz Lawrence & Kathleen Kerbery Qsp, s : Epic Development, LLC ' Seh. Fir r,„ f... 6420 Powers Boulevard 3441 St. Paul Avenue Chanhassen, MN 55317 Minneapolis, MN 55416 952-474-4710 ' u:'if 612-347-9323 Phone . ' he, ff 4t* ` 612-347-9389 Fax „ teea of said '.O<i� weA `, wle 612-730-2814 Cell r �� A�k4 : • - T*rt of saki No�Yhracat Lawrence Kerber ( Richard WW Ragatz Date: - 3 —03 Kathleen Kerber Date:: .;�U—g Date: L? ho A 3 0 Exhibit A Legal Description 91 0 Aprfi J , ;ifi43 KVber,ttereirieRFr xtferrOAtoAS-16 I6f Kerber Property That part of the Norwest Quarter of the Southwest Quarter of Section 2, Township 116 North, Range 23 West of the 51s Principal Meridian, lying westerly of the center line of County State Aid Highway 17. Excepting therefrom the four following described parcels of land. Exceptions: 1. The South 434.00 feet of the above described property. 2. The North 240.00 feet of the South 674.00 feet of the West 215.00 feet of said Northwest Quarter of the Southeast Quarter. 3. The North 230.00 feet of the South 904.00 feet of the West 190.00 feet of said Northwest Quarter of the Southwest Quarter. 4. That part of the West 200.00 feet of said Northwest Quarter of the Southwest Quarter, lying northerly of the South 904.00 feet of said Northwest Quarter of the Southeast Quarter. gefr. .. . -, Ste. :Si' •i,�St bt €�#• 4 `i!'�4:itt B.'J�uEt,S. Y. y;,ft:'1'1[HriS, sccers5+v3V 4, r ':i. !^: 'tqt, IttK7r0`!(t.^^.'sARti. it6'lp�rta<Yi+.'+f,i� rftCi t`tRtltKlQli. .. a4t)8.0!@� IN+fs ts+f.: T""and 410thr4), xrgjed to aC►umr noted o�ehy iat, •<� a� S�r',e Ah pEr nal pmix-ly lOratvci'crr Ow Prr.;O-Irlr. twat Ono ad froea.,s ;n tags. bamsttc, ; xF± s;;rny cant am bottria, of tner. Pla'ft00sirD, tv+kN4 hovirwev. That SC#lsr .;;v �ws,k+mit? S'yetr}r 1Pr xtptopert/thAr.wybedh ovv'4OfutecDOSI[N 04 t: i:u•s;"-*,r,:!1.1Yt1�! l+ik(s- 4 ` .�"pt!�!'a1L7, IIltyQf fixity :3?5i3Ed i!'.e Pr'Jfl4irtY 8!14 tworrii 9f ?" if g ft -q t!fit.4*'!.► '.`" Witx fo !}�1 t` : hl OCc�!4A �' Mei t l Agreln,e;�i. ISf. th! . gr frit f%>i c+e:•a>rf1 00". as rs!�iifid tsY otic Apr6inient. Yuen' ay >ttIEtYR ' O Pi'!n'a 3 `-vto O�Oinst the £ ur&aS,: Pt de to ba 08id at the .ar arty t fe' oK s lrrrr! ►4t $tc r# r rt Ouch rtr*fsvet, ri+ to a mexftttum crer±it of - - One.,"-4,rtt pet --en" -:astr xt She t1w Cd zk;Siog. :,. `�i�• ";.:iC. r' '-` "'iEt trdr.�},y.;,x;nn, CC!tSfL''latar h}"'t?'S ;Snrnr.r!B:1t ShOtl (xccr 120days t ,�: rn 8:rydr sl air tldk #etl ill elil iulenaft' O{ Qs ttet�ttt tf Bupr•r c c Mp!2tes � st, 13:a t1M thtr _ Yit4f1 be C(%ft IVAPAId the PWChase Price at a 9 The tY mey � r 8s iWtftlthttt�il!%F+im WOwever. SttCi# EIMri�st 13-W became -_futtdabket�a IM #tCr fl�ptssi,acl Wr h the Titer Coff"ny ar aetu� ly paid tt5 ,r ;• ) tinder other trwis etrci j n Oenmineti twrci$. Buw st!aii pay to "ler Eame`4 !itn{;t. ir; Brie wii}3 ittOtLr,Ar. , "n;;ygr F�r�y, lipcll! t:%e-�;+i+�C�'.Stt3 A�>•ts4o,lf. 11.0041 iff1tY iitfsU^+Hnd dblio^:"5) St13& bE to p�+;catt mitt the •iw or.rnfi mv. At v* "W of a 35•ttfy examinotion period Mie'8utlOhftity bate', t"13tiW, !ti a tKfih3t tete 9Or," Iii w",Df Me OailibNft of the Prl!"ft ttAO WW 000 of S.Ut!8i31l;iy'1 as'Yt i!ht F.ArreGl Mt0Mg St';.3b be t'e!9.7r,fd Ot+tf D�ttt! #O £x'+ItAt'. tf 9 JYe(t*rmtnO!as this A ,zevmetlt in w Iting rwfor to ". $40Wty OAo or 1-iIt3 io dei4var the Notice Of Stl!reb8tty, fiat Knrlw,n ..7 r e�% February 24, 1995 �Y*0 OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 0 FAX (612) 937-5739 Re: Alternative Development Proposals for Ravis Property and Adjoinin.- Parcels LUR File No. 95-4 Dear Resident: This letter is a follow up to our previous neighborhood meeting regarding the Ravis development (Golden Glow Acres). As promised, please find attached a copy of five alternatives to subdividing the Ravis property and adjoining parcels. In addition, I have attached a preliminary assessment roll from the costs of construction these improvements assuming the City was petitioned by the benefitting property owners. The City has reviewed the Ravis development proposal and feels that a public street (Option E) is a feasible alternative to the proposed private driveway scenario and therefore the City is not in support of the private driveway access to serve solely the Ravis parcel. Please review the attachments I have enclosed. I would like to schedule a neighborhood meeting to discuss these alternatives on March 9, 1995 at 6:00 p.m. in the City's Senior Center located on the lower level at City Hall. If you have any questions and are unable to attend the meeting, please feel free to contact me. Sincerely, CITY OF CHANHASSEN David C. Hempel Assistant City Engineer DCH:jms Attachments c: Charles D. Folch, Director of Public Works/City Engineer Sharmin AI-Jaff, Planner H J g9eng\ducMettemk As I MEMORANDUM TO: Sharmin Al-Jaff, Planner II FROM: Dave Hempel, Assistant City Engineer DATE: January 30, 1995 SUBJ: Alternative Development Proposals for Ravis Property File No. 95-4 LUR Attached are five alternatives to subdividing this neighborhood. I have listed below the pros and cons of each option. All options maintain existing homesites and Mr. Kerber's "Twins" garage is removed in all options. Dashed lines represent existing property lines. Solid lines represent proposed lot lines. Utilities would be able to be extended to each option; however, Option E would require less utility and street construction. OPTION A This option develops the northerly portion of the site with a public street (assumes Ravis subdivision proposal over the south half). Pros - City street - Utilitizes properties to their full potential - Adequate intersection spacing on Lake Lucy Road - Access limited to Lake Lucy Road - Allows for Berming along Powers Boulevard and Lake Lucy Road Cons - Requires properties to be consolidated and replatted - Tree loss - Significant grading/filling - Rear yards against Powers Boulevard - House type mostly ramblers versus walkouts - Still requires private driveways to serve parcels to the south • • This option is similar to Option A but extended to service all parcels. Pros Basically the same as Option A except serves all the parcels. - City street - Utilitizes properties to their full potential - Adequate intersection spacing on Lake Lucy Road - Provides room for berming along Powers Boulevard - Access limited to Lake Lucy Road OPTION C Pros Same as Options A and B except allows two access points and the long cul-de-sac is reduced in half. OPTION D .r Same as Option A but this option does not need private driveways. - Becomes a long (1075') cul-de-sac with one access point Cons Same as Options A and B except the long cul-de-sac issue is resolved. Basically the same as Option B except access is from Powers Boulevard and Lot 6 would have access on to Lake Lucy Road. Pros - City street - Utilizes properties to their full potential - Adequate intersection spacing on Powers Boulevard - Provides room for berming along Powers Boulevard and Lake Lucy Road. Cons - Requires properties to be consolidated and replatted - Tree loss - Significant grading/filling - Rearyards against Powers Boulevard - House type mostly ramblers versus walkouts v OPTION E This option combines the use of private driveways and a public street to develop the site. Least disruptive to existing features and also allows for the area to develop, for the most part, independently of each other. Me - Minimizes site grading/filling and tree loss; retains existing topographic features for the most part - Provides a mixture of house types, i.e. walkout, rambler, etc. - Allows for parts of the area to develop independently of the rest - Provides public street access - Curb cuts align with or across from existing driveways - Adequate intersection spacing - Room for berming along Powers Boulevard and Lake Lucy Road - Maintains use of existing driveways - Most likely the most feasible from and economic standpoint - eliminates Ions dead-end cul-de-sac DCH:ktm Attachments: Options A, B, C, D & E g:\eng\dave\memos\rraeis Cons - Still requires two or more parcels to replat in order to develop layout I - I � I /S MURP I . I 1 /3 --- I KERRFR GRAVLUM i I �! /o � I I I � RAVIS OP770N ?q I z 3- u u I. \3 I y z I I zZD S GRAVLUM 7,3 I 2 I MUPW za KERRER GRAVLUM r 1 C I I I EMURPHY I �� I 2 ,p I KERBER GRAVLUM —i I k j -- I zz IL I PET ON 13V2c Tq --- RA S i OHMAN IN ANGER /71 f8- 016r7oiv,a 0 0 AJ 4 0 •. Gtu.E Preliminary Assessment Roll LAKE LUCY/POWERS BOULEVARD NEIGHBORHOOD February 13, 1995 Listed below is a cost estimate to provide public utility and street improvements under a City project to service the subdivision proposal Option E. These costs are only preliminary and do not take into consideration poor soils, if any, or subdivision costs. The table below lists the property owners and the number of lots that will receive benefit from the improvements. Therefore, they will be assessed. The actual number of lots is shown on Option E. . SANITARY/WATER GRADING SANITARY SERVICE ONLY WATER STORM STREET TOTAL PER LOT COST $2,200 $3,542 $1,650 $2,266 $1,316 $5,423 •1. KERBER $19,800 $3,542 $3,300 $2,266 $11,844 $27,115 $67,867 (lots) 9 1 2 1 9 5 2. MURPHY $2,200 $10,626 $0 $6,798 $3,948 $0 $23,572 (lots) 1 3 0 3 3 0 3. GRAVLUM $4,400 $3,542 $0 $2,266 $2,632 $10,846 $23,686 (lots) 2 1 0 1 2 2 4. PETERSON $4,400 $3,542 $0 $2,266 $2,632 $10,846 $23,686 (lots) 2 1 0 1 2 2 5. RAVIS $6,600 $10,626 $0 $6,798 $5,264 $16,269 $45,557 (lots) 3 3 0 3 4 3 6. KOHMAN $2,200 $3,542 $0 $2,266 $1,316 $5,423 $14,747 (lots) 1 1 0 1 1 1 7. INFANGER $2,200 $3,542 $0 $2,266 $1,316 $5,423 $14,747 (lots) 1 1 0 1 1 - -- TOTAL $213,862.00 Street estimate does not include Kerber/Murphy private driveway cost. Private driveway cost (done by owner) = Approximately $25 per L.F. Would increase Kerber and Murphy cost by $7,500 and $5,000 respectively This estimate does NOT include the cost of subdividing • from • BOB MARTINK4 (952) 474-1103 marfinka@ix. netcom. com 1,'M A drawing providing a variation of this concept will be available on Monday, August 11 for your consideration. It will illustrate more specific lot sizes and more exact roadway configurations that might be used to achieve the concept roughly illustrated in this paper. It will either be sent via fax or regular mail to Mr. Ragatz and to Planning Commission staff. We request that you include it as part of this memo. Thank you! /kI 0 :Pak " 7 • Additional verbage for condition #39 of the Burlwood Addition preliminary plat: 39. The entire public street and cul-de-sac must be installed with this project into the Golden Glow Acres right-of-way. The portion of the existing private street from Powers Blvd. that is within the right-of-way for the public cul-de-sac must be removed and replaced with sod. 9 Steckman S I I Chrftensen I � I /y /3 /2 C,"L-iL /o I 7 Martinka'N I RAVIS op77oAl 0 OPTION E This option combines the use of pri\ disruptive to existing features and independently of each other. Pros Minimizes site grading/fi nd tree loss; retains existing i topographic features for st part - Provides a mixture of h es, i.e. walkout, rambler, etc - Allows for parts of the a develop independently of st - Provides public street acc - Curb cuts align with or a rom existing driveways - Adequate intersection spa - Room for berming along s Boulevard and Lake Luc - Maintains use of existi - Most likely the most f and economic standpoin - eliminates long dead-end cul-de-sac DCH:ktm Attachments: Options A. B, C, D & E g:\eng\dare\memos\mvis 0 and a public street to develop the site. Least for the area to develop, for the most part, - Still requires two or more parcels to replat in order to develop layout Steckman Y .s Chdtensen I 7 r Martinka la J C} Z- 71 z� Za /9 0 4E G�� .Oeo- �onar AC 11 o i � Z3 zv Steckman i y zD &IIEIIIIE/I Chritensen 6 I Stockman 9 2 KERBER Chritensen II M 2c" �i I� — Martinka Tq i3 J IGER ISf� 0Pr�oN,a INFAN f t ER � I I� 7 r� Ll I 5 I RAVIS Z KOH ANlc I 17. .I INFAN f t ER S Ll Zo 1G il 0 f 7 Chritensen •.. SNE t4 4Eii Preliminary Assessment Roll LAKE'LUCY/POWERS BOULEVARD NEIGHBORHOOD February 13, 1995 Listed below is a cost estimate to provide public utility and street improvements under a City project to service the subdivision proposal Option E. These costs are only preliminary and do not take into consideration poor soils, if any, or subdivision costs. The table below lists the property owners and the number of lots that will receive benefit from the improvements. Therefore, they will be assessed. The actual number of lots is shown on Option E. FOOTNOTES Street estimate does not include Kerber/Murphy private driveway cost. Private driveway cost (done by owner) = Approximately $25 per L.F. Would increase Kerber and Murphy cost by $7,500 and $5,000 respectively This estimate does NOT include the cost of subdividing SANITARY/WATER GRADING SANITARY SERVICE ONLY WATER STORM STREET TOTAL PER LOT COST $2,200 $3,542 $1,650 $2,266 $1,316 $5,423 •1 . KERBER $19,800 $3,542 $3,300 $2,266 $11,844 $67,867 (lots) 9 1 2 1 2. MURPHY $2,200 $10,626 $0 $23,572 (lots) 1 3 0 3. GRAVLUM $4,400 $3,542 $10,846 $23,686 (lots) 2 1 1 2 2 4. PETERSON,. a' $4,400 $3,542 $2,266 $2,632 $10,846 $23,686 (lots) 2 1 1 2 2 5. RAVIS rr 0,626 $6,798 $5,264 $16,269 $45,557 (lots) - 3 3 4 3 6. KOHMAN $2,200 $3,542 $2,266 $1,316 $5,423 $14,747 (lots) 1 1 0 1 1 1 7.INFANGER $2,200 $3,542 $0 $2,266 $1,316 $5,423 $14,747 (lots) 1 --- _ TOTAL $213,862.00 FOOTNOTES Street estimate does not include Kerber/Murphy private driveway cost. Private driveway cost (done by owner) = Approximately $25 per L.F. Would increase Kerber and Murphy cost by $7,500 and $5,000 respectively This estimate does NOT include the cost of subdividing am = W a a,�`� Em n� oazdx wvv mg t �o aum v`o �c'E 'c vs: wimma mmn mm El Ll r T-] o f H o m ❑ ❑ N m =ma F=t= O �lllll N I OC 3w i {Fii mE� i �� p s I I I --.- I a — galea�8a:aag th II i` II b e° 6a fyj� I \ 1= 4 IF s I I I I a galea�8a:aag 6a fyj� I \ 4 F s I I g � a I s x a galea�8a:aag 6a fyj� � F 0 0 FAX COVER SHEET Date: 140L 0L / " G.3 Company: &."47j/ 7700 Market Blvd. Attention: �6 P.O. Box 147 V Chanhassen, MN 55317 Fax Number: _ General Phone: 952-227-1100 Sent By: Shr( rth Administrative Fax: 952-227-1110 Rldgnnspecdons Fax: 952-227-1190 Direct Dial No: Engineering Fax: 952-227-1170 Park/Recreation Fax: 952-227-1110 Planning Fax: 952-227-1110 Sending pages, including cover page. Public Works Fax: 952-227-1310 Recreation Center Fax: 952-227-1404 ❑ Please find the information you requested Web Address: www.ci.chanhassemmmus ❑ Please review and call me ❑ Please call to confirm receipt of this fax If you do not receive all pages, or are experiencing other problems in transmission, please call the sender at his or her direct dial number. 140 E qe February 24, 1995 CIT C OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 Re: Alternative Development Proposals for Ravis Property and Adjoining Parcels LUR File No. 95-4 Dear Resident: This letter is a follow up to our previous neighborhood meeting regarding the Ravis development (Golden Glow Acres). As promised, please find attached a copy of five alternatives to subdividing the Ravis property and adjoining parcels. In addition, I have attached a preliminary assessment roll from the costs of construction' these improvements assuming the City was petitioned by the benefitting property owners. The City has reviewed the Ravis development proposal and feels that a public street (Option E) is a feasible alternative to the proposed private driveway scenario and therefore the City is not in support of the private driveway access to serve solely the Ravis parcel. Please review the attachments I have enclosed. I would like to schedule a neighborhood meeting to discuss these alternatives on March 9, 1995 at 6:00 p.m. in the City's Senior Center located on the lower level at City Hall. If you have any questions and are unable to attend the meeting, please feel free to contact me. Sincerely, CITY OF CHANHASSEN L LCAQ:i^J I �s�Yi�Wt David C. Hempel Assistant City Engineer DCH.jms Attachments c: Charles D. Folch, Director of Public Works/City Engineer Sharmin Al-Jaff, Planner H V g:kngWavelletterskavis 0 MEMORANDUM TO: Sharmin Al-Jaff, Planner H FROM: Dave Hempel, Assistant City Engineer DATE: January 30, 1995 L SUBJ: Alternative Development Proposals for Ravis Property File No. 95-4 LUR Attached are five alternatives to subdividing this neighborhood. I have listed below the pros and cons of each option. All options maintain existing homesites and Mr. Kerber's "Twins" garage is removed in all options. Dashed lines represent existing property lines. Solid lines represent proposed lot lines. Utilities would be able to be extended to each option; however, Option E would require less utility and street construction. OPTION A This option develops the northerly portion of the site with a public street (assumes Ravis subdivision proposal over the south half). Pros - City street - Utilitizes properties to their full potential - Adequate intersection spacing on Lake Lucy Road - Access limited to Lake Lucy Road - Allows for Berming along Powers Boulevard and Lake Lucy Road Cons - Requires properties to be consolidated and replatted - Tree loss - Significant grading/filling - Rear yards against Powers Boulevard - House type mostly ramblers versus walkouts - Still requires private driveways to serve parcels to the south 0 OPTION B This option is similar to Option A but extended to service all parcels. Pros Basically the same as Option A except serves all the parcels. - City street - Utilitizes properties to their full potential - Adequate intersection spacing on Lake Lucy Road - Provides room for berming along Powers Boulevard - Access limited to Lake Lucy Road OPTION C Pros Same as Options A and B except allows two access points and the long cul-de-sac is reduced in half. OPTION D Sons Same as Option A but this option does not need private driveways. - Becomes a long (1075') cul-de-sac with one access point Cons Same as Options A and B except the long cul-de-sac issue is resolved. Basically the same as Option B except access is from Powers Boulevard and Lot 6 would have access on to Lake Lucy Road. Pros - City street - Utilizes properties to their full potential - Adequate intersection spacing on Powers Boulevard - Provides room for berming along Powers Boulevard and Lake Lucy Road. Cons - Requires properties to be consolidated and replatted - Tree loss - Significant grading/filling - Rearyards against Powers Boulevard - House type mostly ramblers versus walkouts OPTION E This option combines the use of private driveways and a public street to develop the site. Least disruptive to existing features and also allows for the area to develop, for the most part, independently of each other. Pros - Minimizes site grading/filling and tree loss; retains existing topographic features for the most part - Provides a mixture of house types, i.e. walkout, rambler, etc. - Allows for parts of the area to develop independently of the rest - Provides public street access - Curb cuts align with or across from existing driveways - Adequate intersection spacing - Room for berming along Powers Boulevard and Lake Lucy Road - Maintains use of existing driveways - Most likely the most feasible from and economic standpoint - eliminates long dead-end cul-de-sac DCH:ktm Attachments: Options A, B, C, D & E g:\en&ave\me mos! rav is Cons - Still requires two or more parcels to replat in order to develop layout I � I :MURP I `i S j GRAVLUM I 6 I /b /y /3 /Z s RAVIS op77oN /Q C.A. L. L 0 u E icy ,Qo / -TT z9 S GRAVLUM /a -71 Fri Z/ za KERBEF /B g y e m • • i Z3 I I 22 z I MU I I I S . KERRE�i GRAVLUM oN l !7 r I /6 9 Is 6,P)IMM 4 -f II{ KERBER GRAVLUM I F IE �, go. IGER ' aPnoA( in i Mlk Gk,�E 2c . go. IGER ' aPnoA( in 0 a� Grua 9 • Aut-E BePcrt tom, \ dw. vwkwl 61vtVO-k Burlwood Canopy coverage and preservation calculations have been submitted for the Burlwood development. They are as follows: Total upland area (excluding wetlands) 5.27 ac. or 229,583 SF Baseline canopy coverage 35% or 79,465 SF Minimum canopy coverage allowed 30% or 68,875 SF Proposed tree preservation 5% or 12,068 SF Developer does not meet minimum canopy coverage allowed, therefore the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage (68,875 —12,068) 56,807 SF Multiplier 1.2 Total replacement 68,168 SF Total number of trees to be planted 63 trees The total number of trees required for the development is 63. Applicant has proposed a total of 54 trees. An additional 9 trees must be added to the landscape plan. All replacements must meet minimum size requirements. No more than one-third of the trees may be from any one species. The canopy coverage and replacement calculations submitted by the applicant differ from those presented by staff. According to the submitted calculations, the canopy coverage saved is 12%. Staff does not agree with their calculations for two important reasons: 1. some of the trees listed and counted as preserved are not on the applicant's property; 2. many of the trees listed as preserved are actually within the grading limits such as in the areas proposed as berm or pond. Staff does not accept the claim of tree preservation for any trees that are not protected by fencing and outside of grading limits. Therefore, tree preservation on site has been calculated at 5% which includes trees located on the west side of the property behind a silt fence located at the grading limits and the 44 evergreens scheduled for transplanting. The subdivision is also required to have bufferyard plantings along Powers Blvd. and Lake Lucy Road. Requirements are as follows: Location Required Proposed Powers Blvd. — 16 overstory trees 0 overstory bufferyard B — 20' width 24 understory trees 30 understory 40 shrubs 0 shrubs Lake Lucy Road 4 overstory trees 0 overstory Bufferyard B —15' width 8 understory trees 3 understory 12 shrubs 0 shrubs Applicant has proposed a 4' berm along Powers Blvd. on top of which would be placed transplanted evergreens. The bufferyard area is only 20 feet wide and a 4' berm would require at least 24 feet in width in order to meet the city's 3:1 slope standard. The applicant should reduce the berm to 3' in height or install a fence instead. 1-0 Recommendations: 1. Applicant shall revise landscape plan to show a minimum of 67 trees to be planted. 2. A minimum of two deciduous, overstory trees shall be required in the front yard of each lot. 3. No more than one-third of the required trees may be from any one species. 4. Tree preservation fence shall be installed at the edge of the grading limits on lots 1-4 and 6, block 1 prior to any grading. 5. All transplanted evergreens must be warranted for two growing seasons. 0 0 Bob and Diane Martinka To: sagaff@ci.chanhassen.mn.us Cc: bgenerous@ci.chanhassen.mn.us T0: Sharmeen AI-Jaff Robert E. Generous RE: "Burlwood" Proposed Development Thank you both for your reception, openness, professionalism, and the thorough response to the purpose of my visit earlier today. There were a few surprizes in that the specific implications for our property were never introduced or discussed prior to the development and submittal of the plan. In fact I have had only a brief chance greeting with Mr. Ragatz on the day prior to his submittal of the plan during which he did not seem inclined to discuss any specifics. Also, the statement on Page 4, Paragraph 6 of the "Preliminary Plat Application" to the effect that "Martinka.... will subdivide his property" is totally without basis. It appears to the best of my novice review of the "tree inventory" plan that none of the trees that are possibly in jeopardy on our property are identified, though admittedly it will take more careful review and measurement to confirm that. Thaks Bob, for providing copies of the info and for the intro to 5harmeen. Thanks 5harmeen, for the history lesson, your thorough overview, and for your suggestion that I request engineers to do a chalk marking of proposed lines. Also, you pencilled in Aug. 5 as the date for presentation of the project to the Planning Commission. Question: How does that relate to the timeline for mailing and response for the 500 ft. residences (before or after)? (Also appreciated your best effort to locate the MNDOT contact on other question I raised) While hoping for a win-win situation --- possibly a few hurdles here. Drive through.... stop by .... any time! Bob Martinka��, 6650 Powers Rived. (marti nka@ ix.netcom.com) (952) 474-1103 (612) 396-6425 cell (952) 401-3836 fax DEVELOPMENT AGREEMENT This is a development agreement between Robert and Diane Martinka located at 6650 Powers Boulevard and Richard Ragatz of Epic Development, LLC, who is the developer of the Kerber parcel located at 6700 Powers Boulevard in Chanhassen, Minnesota. The Martinka's agree to sign this document that will allow Epic Development to proceed with a low-density single-family development on the Kerber property based on the following requirements: 1. Absolutely no cost to Martinka's for any construction costs that benefit the Martinka's that include, but are not limited to the following: street improvements, water/sewer extension, grading, cutting and transplanting of trees, etc. 2. Minimize impact of street and right of way on Martinka property. See full size plan for details. I have moved the road and right of way as far to the east as possible with only a small portion of the southeastern part of your property being impacted. It is not possible to avoid your property in entirety. 3. Minimize tree loss along Kerber's western boundary. Several trees can hopefully be saved due to the 9.5 feet of right of way on the west side of the proposed road. (City originally had right of way 6.5 feet onto your property that is the maximum allowable given where your house sits and current setback requirements. I am bringing as much of the right of way onto my property as possible. . 4. Transplant two trees to your property in order to shield your house from the proposed road/cul-de-sac. 5. Minimize grading to Martinka property. 6. Any damage to the trees or grass on the Martinka property will be replaced or fixed at the sole cost of Epic Development, LLC. Based on the preceding development requirements, we will allow the development of the Kerber property to move forward and understand that a portion of our property will be platted and improved with a road and road right of way. Agreed and Accepted Developer: Date: Robert Martinka: Date: -to 4 The applicant is requesting the subdivision of 40,355 square feet into 3 lots. These lots meet all the minimum width and depth requirements and can accommodate a 60x60 house pad but are deficient in area. The applicant is requesting a lot area variance. Staff is recommending approval of the variance based upon the uniqueness of the property. They include 1. An arterial street to the east of the property which required the dedication of 50 fW to the center of the street, which,20 feet more than standard r -o -w for half of a local street. 2. The dedication of 40 feet to the center ofje Lake Lucy Road which is 10 feet more than standard r -o -w for half of a local street. 3. The fact that Golden Glow Court is located on the subject site in its entirety with the exception of a small triangle on Mr. Martinka's property which is connecting this street to the previously dedicated street R -O -W in Golden Glow Acres. Under normal subdivisions, the R -O -W would have been divided between the benefiting properties. A AA 0 0 40,355 EACHLOT IS DEFICIENT 3 VARIANCES 131527 135182 -9.82% -12% 1 VARIANCE ONE LOT 13,646 -9.03% 31% LESS THAN REQUIRED BY CODE 15,000 15,000 10,355 -31% Burlwood Present Lot Area 75406 43576 51454 18664 18664 20940 20940 25276 39275 36964 30980 _ _ W z ,, .r ll 15038 15038 15193 15193 18694 18694 18778 18778 18862 18862 21057 21057 Total Lot AREA 490512 147226 Present Avg lot Present Avg lot size of size of existing 8 subdivision: 16 lots 30,657.00 smaller lots 18,403.25 Reasonable Use: Page 8 of staff report Reasonable use includes a use made by a mjority of comparable property within 500 feet. The intent of the provision is not to allow a proliferation of variances, but to recognize there are pre-existing standards in this neighborhood. Variances that BLEND with these preexiting standards "WITHOUT DEPARTING DOWNWARD FROM THEM" meet this criteria. PLEASE NOTE: THE CHART PROVIDED IN THE STAFF REPORT DID NOT INCLUDE ALL PROPERTIES WITHIN 500 FEET OF THE NEIGHBORHOOD. Lots across the street on Powers Blvd were included, but larger lots on Mulberry to the West and those of an older sub division to the South were not included in the comparison. MEPICp? MEMORANDUM To: Shalmeen Al -JK Senior Planner From: Rich Ragatz of Epic Development CC: Bob Christensen RE: CMIot A and B Burlwood 1 st Addition Sharmeen: Hope you had an enjoyable extended weekend. As a follow-up to our recent conversations, I am sending this memo so that the City or Epic can deed over Outlots A and B to Bob Christensen. Let me know what else I need to do in order to facilitate the deeding of these outlots. Give me a call to discuss. Thanks for your time. Sincerely, Rich Ragatz I W & Epic Development, LLC (612)730-2814 3441 St, Paul Avenue / Minneapolis, MN 55416 / Offxe/Co11: 612.730.2814 / Home: 612.927.6568 / Email: rrogatzaearthlinknet