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77-06 - Lyman Blvd SUB pt 1CHANHASSEN FIRE DEPARTMENT P.O. BOX 97 7610 LAREDO DRIVE CHANHASSEN, MN 55317 BUS. PHONE 934-9191 MINNEWASHTA STATION NO. 2 PHONE 474-7094 November 9, 1983 TO; Bob Waibel, City Planner FROM: Chanhassen Fire Department SUBJ: Storage addition to garage area Lyman Lumber The plan has been reviewed by the fire department and we feel there will be no problems. ,__,IOL1JTION Q. Attu,* bar Ck AdmMftW,, y r � DO ftokkd to Conmrkft Date Submwd is Cawa AA��� 1776-1976,E 7 / 7 2 CITY OF CHANHASSEN 7610 LAREDO DRIVEOP.O BOX 1470CHANHASSEN, MINNESOTA 553170(612) 474-8885 PLANNING REPORT DATE: January 19, 1977 TO: Don Ashworth, City Manager FROM: Bruce Pankonin, City Planner SUBJ: Subdivision of Land on Lyman Blvd. APPLICANT: Ed Dunn PLANNING CASE: P-295 REF: City Ordinance 33 and City Ordinance 45, Section 2.01. Petition As shown in Exhibit 1, sketch plan, the applicant proposes to subdivide approximately 40 acres into 10 residential building sites and one outlot. Background 1. Community Location: As shown in Exhibit 2, the subject property is located z mile west of State Trunk Highway 101 on the north side of Lyman Blvd. 2. Existing Zoning: As shown in Exhibit 2, the subject property is zoned R-lA, Residential -Agricultural. 3. Municipal sanitary sewer and water service isi.1.not available to the subject property. Trunk sanitary sewer service will be extended to the area sometime in the future after construction of the Lake Ann Interceptor Phase II. The timing, staging, cost and location of this trunk sewer service in unknown at this time, however, it is safe to say, trunk sewer service will not be available until after 1980. A , %, ,Mr. Don Ashworth -2- January 19, 1977 4. City Plan Proposal: a. Land Use: Upon construction of trunk sewer service to the subject property, the land in question and adjacent parcels is proposed to assume a low density residential identity. b. Transportation: Carver County proposes to realign County Road 17 in 1979. This roadway will be adjacent to the subject property's eastern border. Lyman Blvd., which forms the subject property's southern border, will be upgraded to County standards in 1981. 5. Physiography of the Subject Property: As shown in Exhibit 1, the subject property contains deep slopes, scattered trees and low land areas.' The subject property drains east and the water is picked by an existing ditch which terminates in Lake Susan. Planner's Comments City Ordinance 45, Section 2.01 (Exhibit 3) prohibits the platting and subdivision of land within the City not served by sanitary water and sewer. Because of ordinance restrictions, the Dunn proposal cannot proceed any further unless the City repealed Ordinance 45 and creates more liberal land use restrictions for unsewered land. At this time, neither the Planning Commission nor the City Council have established standards to review development plans in a rural area for which public services are not immediately available or emminent. Instead, the Council has adopted a sound planning philosophy of not allowing development to occur in areas where public services are not present, i.e. "The Council of the City of Chanhassen determines that in areas of the City not served by public sewer there are serious problems of water pollution and disposal of sewage which cannot effectively or economically dealt with in the development of small tracts or plots of land; that private individual sewage disposal systems have proven unsafe and unreliable in many instances with the consequences that there has been contamination of under ground water supplies, pollution of lakes and streams and the surfacing of sewage effluent to the serious detriment of the public health, welfare and safety." This policy of prohibiting the subdivision of land in the unsewered area will also assure that orderly growth will occur within the community and that the City will not be faced with issues of rural versus urban conflicts. The rural setting is often desired for residential purposes, but such inevitably leads to conflicts between uses with the Council eventually faced with the dilemma, i.e. dust problems of unimproved roads, future ability to provide services and assessment of such, fire and police services, etc. In addition, the Council has not established "estate -type" developments; again, we are forming the council's policy for not allowing of this type of development. Planning Commission's Recommendation The Planning Commission duly considered Mr. Dunn's sketch plan at its meeting on November 10, 1976, (In addition, the Commission walked the property on November 13, 1976). On January 12, 1977, as Mr. Don Ashworth -3- January l9, �977 shown in Exhibit 4, "A motion was made by Les Bridger and seconded by Walter Thompson that the Planning Commission recommend through the comprehensive process the City pursue the inclusion of estate -type of developments within the corporate limits and that the City through the comprehensive planning process develop standards and criteria to judge future estate -type developments. The following voted in favor: Hud Hollenback, Les Bridger, Walter Thompson, Roman Roos, and Jerry Neher. Dick Dutcher abstained. Motion carried." Planner's Recommendation From a Planning perspective, there may be locations for large lot estate -types of development. Through the comprehensive planning process, the Council may want to develop procedures, standards, etc. for construction of said estate -type of development. Until these standards are developed by the City, the Dunn proposal cannot proceed any further. - � | � . \ | | \ V A l" \_ v 1 |- " | ] ------------ -------------- �_____ | � \ / ��z- -- �-T---' -`- \ | | | | /~ | � r U | \ � || � | ' � G � ---� - _ & � | !_-'T �-~ VILLAGE OF CH,A NHASS)E CARVER AND NENNEPIN COUNTIE§ QRDINANCE i1rQ. tUNI ORU11TaNCZ EuTrtic Li, XING REGULUIQNS FORM-:F. DEVELOPMENT 017 ARE.A.S NCB SERVED BY PUSUC SANITARY ISEMR0 AND PROVXDXNG PENAV.49S ?0.1 T ;tiE ��uL��TTOi THEIREOP. T: E CQUNC1L OF THE VILLA.QE OF C1MXHASSSN QR SNS; SECT t0N I PURPOSES AN2 XNJE'Mf ';4a Counoll. of tc4 -Village og Chanharosen determinea Chat In araao of tho Villaga trot aorved by public ijan'ttwy aomrors thorn are roriouQ pmbloms a. water pollution and dia3posal of sewage which cannot bo offoc`ivcli; " o:• oconorrically daa:t With in tha devolopma at of small troct c;►• plota of lard; that. privato individual romage disposal ayaterna, havo pirovon unsafe GrAd ur.- r�lUab•«a in many instances With the Conacquence that there harp boon co::iamlk- , a zt-ior, of undargrnund water supplies, pollutionx of laXeaa and atmauia., and tho. oti:�"acinv 09 aowage Effluent to the serious detrImont of ptxblfc hoalth" m.19C.:m a .cl raaf ty. The Council thomfore dealaraia tiUt fox thQ pivtccUcti c tho publio health, safctyy and violfam of the Village, for tho prosorva=i av4 1;tot uoo of wator and natural raco0iA mid for the,.provention, control -u:-1 abwtoment 0.21 avatar pollution, It is. pawl.ssaxy th*t regulritioaa, rotanda:*dri 4;"I l 4 procQ.duroia bo c;mbliahod to gb*ro ovalopooAt of U a wf"I tho VIL'o' G :lot ; :�iLorx2ly nomad by pub1to,swUt 1 I tft. 1S**'1.CTxCj'N 2.. PUM Allr; Sup'Dwimm OF LANL)J, 01 Puture P17its C--,-P1d Y.Iho .ipiating and Gf laadwlt4Ain arccii; ot-*a Vilzoe nosv3ll'-1Pyhe Vaoe zni4Y 3h"-11 bo prohibited until said UYUtGM iS available -I t060rVO 1Q-UQh'C1UQ1.-A aZNael' propozed to bo platted or subdivided, 2 ; 0 121. Unplmtted Lando. Resid, . antial building per�nits plattQd or aub6ivided by m-Qi;s1Lari4d land sarvoy,,D, 4r.4 v'-ibich c:o riot ::ci-.rad by tw V.111c9c oinitwT 4wwcir syt;tarri -,hall bo Wzited to one (1) -,j,-t-C.jo �f:arajjy -all vC a az'or 4,ach tv-ro arid ona-i ali (2 1/2) we =06.4, 11 0( which z h fro-n't'l- yard U not loss than iifty (."SO) feat, a uldo yard on ona side ot jc;:;z t'.164z;a hundred (;lUj) rDot ai,4 a side yard on the other side of riot IQSI; than ton yLa-d of n6t; less tl-Avn fifty (60) poet, arml which 4hall adjoir. ?. pulblla road o; Villzeje z-a-:at. The depth 64 oach ouQh tract sh411 ;iQt be aroater thar, two f2) tunas the width. 0-3) Existing Platt' Aronf�. Wo builldlrig pe;xdt .3ha'Al b-� 14:5SUC4 on awl. lot or tract of lard in an akisti;l plattod ax-Q.-Z! Z . U VALA-Ch iz i.,ot. aerved. by the 11illage saralt41ry sower syet-em unless too lot or tract -..41 L;nd co-i-tain at leazt thirLy thousand squar'a i lC64, zhall have & !rQzir, yard of Y-011, less than thiroi (340) fcez, a side yard of not kss tinan t CI Q,.-4''O ) -fectl, Lr1d 4 rear yard of not les.6 tran thirty (30)'feat, For the purposes of Uxis section cxA cxiztink� platted area abla,11 Include registerad IQ,r.d surveys. An7 pi:nmiit iz aucd urk4ar this section sk,411 be limited to'single family residentia.1 cop#:;truc'on, Mon. All propo:3ed buildiric; sits un x C; C, n 02 Liad S.-ICU01-4,2.0$ be Inspe-c-ted by the Village Duilding Lirpector, and .o shall bo iss-urd for any site on which, in tho opinion of the building 16r4spacto:,. an o&- soil Porosity condition may exllatd 2, U"S T. a eS-. g, s 1 i o,, �, a 7.,. d S t r cA,,. i m i i . N o - 9 a 0 A 0 1 a 11 ,, r •i;,d 4 i V 14 (1 U U 'A . � � C I - " ..; (,-, - 0 dlzpozal uyztam shilall L,-� installed within 12S feet of the 19611oh-vir-ter 011., awy IcAa or str4Jara. ror purposez of this ception, (a) higlh-wat�;r elowstioa Yaea,4,.;; hlvhezit level of watar observed On lakea or stmallis during, pact flQC4 Poric'"Is, Land Cam) high vyatcx alavat4on applicable to as individual zav;ago disposal sy-wto;-a :;hall bo tho elovation -ostablished for the ad oWnV or noaroot lako or ;3troa.-M. rao;;zurod at right angloi to this 14ke or stra-am. AV% Wo building parmtts chall be lusuod for CoAlmomialit 4;dUL;t-C`C,1 0: raUtiplo rooldontial dovolopmoixt uzAaacthe proposod drovoloxr�45.0 &Atp LW,4 ;,xvcd SFQT1MT a. VAR NC T.-lardshin. Tho V014ga 0ounall may grant, a v&rlanco 61:0,m I- tho p-.,.--quirarA3nts of -OhIs o.,d1in4nc(i) as to specific: tract.G of land whofQ it i-- �,iovjn that by reason of toipWraphy, soil conditions or other pnjsicrzl charao",Lrl ;,Uc g;,ZX.1cZ con, plianca with tho*q requirerenta could cacue V-A wwopt=41 o- harcizhip to thin e4joymont of o subutantial proparty rloht; providcd, that a vcI:1,:1rOQ raL-y ba grantod only .11 the v4riancaoos not adversely affect the purposo and'rtir. t I this ordinaru.-a, 4al Procedure Writteil application far a variwice L�-- fil lcd ,iw4bl".ki tho Villago Clork, arid shall state fully all facts r9liod upon by the Tc.Qpplicativa ah-311 b� vupplerap,.-Ated with maps, soil studios, w7d "dt-L whioh rei4y_aid In an analyai§ of tt4o matter. The applicoti6n may bo n�Ji'.`4=cd to tila V111ag4 EiIvinoar:-i for their stuOy, reco-m.rown0ationand raport to tho Wllcvo C%-,UaV-,1j a aad tho coiA o-0 arry such raferrol shall be bairne by tho applicar.a. 03 Council tion, No v&riaijop shall be graintad by th� Vil Io Couacil uraess -It Shall have roceived the afimauva voto of at leaat f=--tA,,,-i�-; a, the ZU11 COU=ii#, Sviary cqction, subsection or part of this o,-,4Lnaacc is claro-d separable froxii pvory other gootton,, aubzection or part; and if C.-q W-Q&%d.Qn, k; Wjs�cticin or part thaivof shall be hold lAvalid it oWl not uigavt .4nv VCAiox. aubsoction or part. t Subs pCt"14rl lt;: '� tt4nn X ar�i 'S%.,15scctions 12 , 13 , : Ord 15 oL eo'tion$Ii of p4lloT1{??nuntj To. , pa88ad 'fU00 JU' 1960, to the Chanhassen Township Zoning CiUz,inanco, and a;l othor ordin4now& or portioau tharoof "r.Gvitcf ro oni:xtcd by the Village ox Chanhaason or the Township of Chanhassen ccnflicting or wi-d thz� xovri �,lorw of thim ordinance am. hc+rouy rapealed, VIOLATION AND PIENALra,_ Any parson, firm orcorporation viol tv any o' tho wo'-At;'J. ons of thi ardiaiance shah be guilty of a mlade�rcioanor; and upon conviction thc)rao shill ho punished by a Lao of not raore ti tm $300 or by imprisonmont not to o.xcc .:a y 0 daya for coch Offert;3o The devolopment of hinds and the erection of u;rur:tmrow e.6orr, not in acoordanoo wit;l the frequircamonts of this ordinance m y lac tix�Gi51� 4 :�y uy�y approl�ri�ato remedy in any court Of + 031--POW:u juric&rstioct. This ordinance-kzhall tako of oct and, beam fW00 fro.-1 z1*1: k'w4ir ito Pa.,, saqc &4=1 publication. ' &nasscd by tho .Council tlAia 15th ., day of March PSv-ene Coulter !I i 6 T` S 4 • �Ir�7Ir' Clerk 1,2ii n3-%:onk& ^.tier. and Puhlishect in. Carver County Sun on the 25th day ofMarch ..�._... Planning Commission Meeting November 10, 1976 -12- terms of uses of townhouses and the types of terrain they, should be on.. The scope of the plan as I see it lends itself to what we envision in Chanhassen. Dick Dutcher T agree with the other member''s comments particularly those of Les. I like the green space that you have allocated and the sensitivity you have shown to that land that is there. Hud Hollenback - I think it's a super start. I think we need something like this. SKETCH PLAN - LAKE SUSAN HILLS-- LYMAN BLVD: This 40 acres is located one-half mile west of Great Plains Blvdo on the.north side of Lyman Blvd. Mr. Dunn is requesting approval to plat this -into large.estate type lots. Sewer and water are not available. The City Planner gave his report. The -property is.zoned R-lA. Trunk sewer service will be extended to the area after construction of the Lake Ann Phase II interceptor. The County will be re -aligning County Road 17 in 1979. This roadway will be adjacent to this property. Ordinance 45, section 2.01 prohibits the platting and subdivision of land not served by sewer and water. The city has not established standards to review development plans in rural areas for which public services are not available. The City Planner feels there may be. locations for estate type of developments. -The Council may develop procedures,standards, etc. for construction of estate -type developments. Craig Mertz - There is one other avenue that Mr. Dunn has other than seeking a repeal of Ordinance 45 and that's to seek a variance under Section 4 of the ordinance which provides that the City Council may grant.the variance from the sewering requirements in hardship situations. The Council on at least one previqus occasion has granted such a variance, specifically to.the development known as Hesse Farm. Dunn - This area, I think from a practical standpoint,..the slopes are very extreme. The hills are on -the order:-o€-60 to 80 feet high.. They are.wooded and to it is inconceivable that. those pieces of ground are going to -be further. --subdivided in the future. They can be used this way for Ia_single unit, because of the topography and the trees. Lyman Blvd. will be upgraded in 1981 and to gain access -to these properties we would put in a dedicated street as indicated. It is my feeling that this is an excellent use for this land both present and for the future. A motion was made by Les Bridger and seconded by Jerry Neher to table action on this until another meeting to give members time to review this and the Hesse Farm development. Motion.unanimously approved. Members will look at the site on Saturday, November 13, at 10:30 a.m. Planning Commission Meeting January 12, 1977 -5- that affect each of us and our own property (when a building permit would be required, such as a new roof, where you can put a structure next to the shoreline). Motion unanimously approved.. MINUTES: A motion was made by Dick Dutcher and seconded by Jerry Neher to approve the November 30, 1976, Planning Commission and Council minutes. The following voted in favor: Hud Hollenback, Roman Roos, Jerry Neher, and Dick Dutcher. Les Bridger and Walter Thompson abstained., Motion carried. A motion was made by Jerry Neher and seconded by Walter Thompson to approve the December 8, 1976, Planning Commission minutes and continuation of.publ.ic hearing minutes. Motion unanimously approved. DUNN SUBDIVISION - LYMAN BLVD: Ed Dunn and Stelios Aslanidis were present. The purpose of this discussion is to.give the Council the Planning Commission's feelings on a proposed subdivision of land on Lyman Blvd. The City Planner believes that because of City Ordinance restrictions, Ordinance 45, that it prohibits the platting of land that is not sewered. He suggested that the Dunn subdivision be denied and not proceed any further. As a City Planner he does believe that there may be locations for large lot estate -type developments in the city in the future. The Council must develop provedures, standards, etc. for judging estate -type developments if they deem them to be appropriate land uses. Until these standards are developed he does not feel there is any option but to place this proposed subdivision in hold. A motion was made by Jerry Neher that the Planning Commission put a hold on this until such time as an amendment is made to Ordinance 45 or that they take the other process to ask for a variance. Motion died for lack of a second. A motion was made by Les Bridger and seconded by Walter Thompson that the Planning Commission recommends through the comprehensive planning process the City pursue inclusion of.estate-type of developments within its corporate limits and that the city through the comprehensive planning process development standards and criteria to judge future estate - type developments. The following voted in favor: Hud Hollenback, Les Bridger, Walter Thompson, Roman Roos, and Jerry'Neher. Dick Dutcher abstained. Motion carried. ECOLOGICAL COMMITTEE: Dick Dutcher reported that the questionnaire will be included in the next City News Letter. A motion was made by Jerry Neher and seconded by Walter Thompson to note the Ecological Committee minutes of December 9, 1976, and City Council minutes of December 13, December 20, 1976, and January 3, 1977. Motion unanimously approved. Members thanked Hud for Chairing the Planning Commission for the past year. A motion was made by Roman Roos and seconded by Les Bridger to adjourn. Motion unanimously approved._ Meeting adjourned at 10:30 p.m. Don Ashworth City Manager 77 11147 ) AIAY1977 4/t& 76 16) C2 C 6e FA Q' .ge �,�OLUTION B 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVE+P.O. BOX 1470CHANHASSEN, MINNESOTA 55317®(612) 474-8885 MEMORANDUM TO: Planning Commission, Staff and Ed Dunn FROM: City Planner, Bruce Pankonin DATE: January 11, 1977 SUBJ: Subdivision of Land on Lyman Blvd. APPLICANT: Ed Dunn PLANNING CASE FILE: P-295 Please add the attached as enclosure 5 in your copy of the Dunn Subdivision file. 5. City Planner's report dated January 9, 1977. MEMORANDUM TO: Planning Commission, Staff and Ed Dunn FROM: Bruce Pankonin, City Planner. DATE: November 2, 1976 SUBJ: Subdivision of Land on Lyman Blvd. APPLICANT: Ed Dunn PLANNING CASE FILE: P-295 Attached hereto please find the following documents in support of Mr. Dunn's proposal: Enclosures 1. Procedures for subdivision approval. 2. Community location graphic. 3. Proposed subdivision plan dated October 18, 1976. 4. City Planner's report dated November 8, 1976. (To be delivered undex seperate cover). -39- SUBDIVISION PLAN APPROVAL Chronology Introduction Persons desiring approval of a subdivision plan for a parcel of land less than ten (10) acres of land shall follow the following procedure: (Note: Subdivision of land larger than ten (10) acres shall follow the procedures as outlined "Planned Residential Development" section of this manual.) Step-by-step procedure for processing an application for subdivision plan (Ref. Ordinance 33.) Step 1. PETITIONER All applications for subdivision plan approval shall be filed in the office of the Zoning Administrator and shall be accompanied by a signed copy of an application for subdivision approval and a "sketch plan." The "sketch plan" shall be based upon "tax map" information or some other similarily accurate base map at a scale of not less than 200 feet to the inch and which enables the entire tract to be shown on one sheet. Such "sketch plan" will be con- sidered for informal discussion between the applicant and the Planning Commission. Step 2. ZONING ADMINISTRATOR a. Reviews documents submitted in Step 1. above, and requests any additional information from petitioner. b. Forward copies of the petition to other staff or governmental agencies (i.e. Metropolitan Council, Department of Natural Resources, Minnesota Highway Department, Watershed District, Environmental Quality Council, Soil Conservation Service, Adjacent governmental units, Fire Chief, Park,Board, etc.) as deemed appropriate at least fourteen (14) days prior to the Planning Commission meeting. C. Prepares planning report which includes comments from other staff and forward copies to each Planning Commission member and petitioner no later than Friday prior to the Planning Commission meting. Step 3. PLANNING COMMISSION a. Reviews documents and reports as submitted in Steps 1 and 2 above. -40- b. Hears petitioner's informal presentation of the proposed subdivision. C. Advises the petitioner of the extent to which the sketch plan conforms to the Comprehensive City Plan, Zoning Ordinance and other ordinances of the City. Step 4. PETITIONER a. Reviews the comments made in Step 3 above. b. Prepares a preliminary plat containing the following information in conformance with adopted City design standards: 1. Identification and Description a) Proposed name of subdivision, which name shall not duplicate nor be alike in pronunciation to the name of any plat recorded in the county wherein said land is situated. b) Full legal description of the land involved in said plat. c) Names and addresses of the owner and subdivider of the land, and the designer and surveyor of said plat. If the subdivider is not.the fee owner of the land, the subdivider shall submit the written consent of the fee owner to the filing of the preliminary plat. hundred feet. d) Graphic scale of not more than one inch to one e) North point, designated as true north. f) Date of preparation. g) Certification by registered surveyor certifying to accuracy of survey. 2. Existing Conditions a) Boundary line survey, including measured distances and angles, which shall be tied into the nearest quarter section or section line by traverse. b) Total acreage. c) Existing zoning classifications for tract of land in and abutting the preliminary plat. d) Location and names of existing of platted streets and other public ways, parks and public open spaces, permanent buildings and structures, easements, and section and municipal boundary lines within the plat and to a distance of 100 feet beyond. 1 -41- e) If the preliminary plat is a re -arrangement or a re -plat of any recorded plat, the lot and block arrangement of the original plat, its original name, and all revised or vacated roadways shall be shown as dotted or dashed lines. f) Location and width of existing streets including type of surfacing, railroads, sanitary sewers, water mains, storm sewers, culverts, grades, invert elevations and locations of catch basins, manholes and hydrants and any underground facilities with the plat and to a distance of 100 feet beyond shall be shown. g) Boundary lines of land within.100 feet of the tract of land within the plat, and the name of the owner thereof, but including all contiguous land owned or controlled by the subdivider or owner of the tract proposed to be platted. h ) Topographic data, including contours at vertical intervals of not more than two feet, except that where the horizontal contour interval is 100 feet or more, a one foot vertical shall be shown. Water courses, lakes, marshes, wooded areas, rock outcrops and other significant physical features shall be shown. U.S. Geodetic survey data shall be used for all topographic mapping. i ) A copy of restrictive covenants, if any, on all abutting land shall be filed with the preliminary plat. j) Such other data, including soil tests, as may be requested by the Zoning Administrator, City Engineer or Attorney. 3. Design Features a) Layout of proposed streets, showing right-of-way widths and proposed names of streets. The name of any street heretofore used in the City or its environs shall not be used, unless the proposed street is an extension of an already named street, in which event said name shall be used. b) Locations and widths of alleys, pedestrian ways and utility easements. c ) Profiles of existing and proposed centerline grades of streets, alleys, sanitary sewers, water mains, storm sewers, drainage ditches and culverts. d ) Layouts of lots and blocks with numbers of each, square footage of lots and lot dimensions scaled to the nearest tenth of a foot. e) Areas, other than streets, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such areas. f) Minimum front and side yard building setback lines as required by the ordinances of the City. g)- Proposed method of disposing of surface water drainage within and beyond the limits of the plat. -42- W Whenever a portion of a tract of land is proposed for subdividing and said tract is large enough or is intended for future enlargement, a tentative plan for the future subdivision of the entire tract shall be submitted to the Zoning Administrator. 4. Additional Information to be Furnished a) Statement of proposed use of lots, i.e., whether residential, commercial, industrial or combination thereof. If residential, state type and number of dwelling units. Furnish sufficient details for all types of usage in order to reveal the effect of the subdivision development on traffic, fire protection and density of population. b) Source of water supply. c) Facilities for sewage disposal. d) If zoning changes are contemplated, the proposed zoning plan for the area. e) In areas affected by inadequate surface drainage or subjected to periodic flooding, furnish proposals designed to make area safe for occupancy and to provide for adequate street and lot drainage. f) Proposals for street lighting, curb, gutter, sidewalks and boulevard improvements. g) Such other information as shall be requested by the Zoning Administrator, City Engineer, or City Attorney. 5. Deposits with the City on escrow account as outlined in item 10 on page 2. Said escrow account shall be deposited prior to Planning Commission review as outlined in Step 5 below. Step 5. ZONING ADMINISTRATOR a. Reviews documents submitted in Step 4 above, and request any missing information from petitioner. b. Forwards copies of preliminary plat to other staff or governmental agencies as deemed appropriate at least fourteen (14) days prior to the Planning Commission meeting. C. Prepares planning report which includes comments from other staff and forwards copies to each Planning Commission member and petitioner no later than Friday, prior to the Planning Commission meeting. Step 6. PLANNING COMMISSION a. Reviews documents and reports as submitted in Step 1 - 5 above. The Planning Commission in its review of a preliminary plat shall determine whether the proposed subdivision is in conformity with the Comprehensive City Plan, and shall take into consideration -43- the requirements of the community and the best use of the land. Particular attention shall be given to the arrangement, location and width of streets, drainage and lot sizes and arrangements. b. Hears petitioner's informal presentation of the proposed subdivision. C. Sets date for public tearing or requests additional information from petitioner. If additional information is requested, Steps 4 and 5 shall be repeated. Step 7. PUBLIC HEARING a. Citv Administrator 1. Advertises notice of public hearing as governed by State Statute and City Ordinance. 2. Notifies owners of adjacent property within 350 feet, as supplied by petitioner, of public hearing at least ten (10) days prior to hearing. b. Planning Commission Opens public hearing for the purpose of hearing: 1. Petitioner's formal presentation. 2. Arguments from general public. C. Planning Commission Either continues public hearing to a future date or closes public hearing. d. Planning Commission Forwards a report to the City Council stating its findings and recommendations within ten (10) days after the public hearing. It shall be the duty of the Planning Commission to determine whether preliminary plat is compatible with the Comprehensive City Plan and conforms with or exceeds the design standards established by City Ordinance 33. Step 8. CITY COUNCIL a. Considers Planning Commission recommendation at the second regular meeting after Planning Commission action. b. Shall act to approve or disapprove the preliminary plat. If the Council disapproves said plat, the grounds for such disapproved shall be set forth in the proceedings of the Council and reported to -44- the petitioner within seven (7) days thereafter. c. Approval of a preliminary plat by the City Council is tentative only, subject to the compliance with all requirements and recommendation as a basis for preparation of the final plat. d. Subsequent approval by the City Council shall be required of all engineering considerations presented in the preliminary plat which shall include, but shall not be limited to easements, water supply, sewage disposal, storm drainage, surface water storage, gas and electric services, road gradients and widths, and the surfacing of streets, prior to the approval of the final plat by the City Council. Step 9.. PETITIONER a. Construction of Improvement Upon receipt of preliminary approval of a plat by the City Council and prior to council approval of the final plat, the subdivider shall make provision for the installation, at the sole expense of the subdivider, of such improvements as shall be required by the City which improvements may include: streets, sidewalks, public water systems, sanitary sewer system, surface and storm drainage systems, and public services. The installation of such improvements shall be in conformity with City approved construction plans and specifications and all applicable City standards and ordinances. b. Performance Contract Prior to the installation of any required improvements and prior to City approval of the final plat, the subdivider shall enter into a contract with the City which contract shall require the subdivider to construct said improvements at the sole expense of the subdivider and in accordance with City approved construction plans and specifications qnd all applicable City standards and ordinances. Said contract shall provide for the supervision of construction by the City Engineer; and said contract shall require that the City be reimbursed for all costs incurred by the City for engineering, legal fees, City Administration, and other expenses in connection with the making of such improvements. The per- formance of said contract shall be financially secured by a cash escrow deposit or performance bond as set forth by Ordinance 33. C. Financial Security The performance contract shall require the subdivider to make a cash escrow deposit or in lieu thereof to furnish a performance bond in the following amounts and upon the following conditions: -45- 1. Escrow Deposit The subdivider shall deposit with the City Treasurer a cash amount equal to 110% of the total cost of such improvements as estimated expense of the City for engineering, legal fees, City Administration, and other expenses incurred by the City in connection with the making of such improvements. 2. Performance Bond In lieu of a cash escrow deposit, the subdivider may furnish a performance bond, with a corporate surety satisfactory to the City, in a penal sum equal to 110% of the total cost of such improvements as estimated by the City Engineer, including the estimated expense of the City for engineering and legal fees and other expenses incurred by the City in connection with the making of such improvements. 3. Conditions The performance contract shall provide for a com- pletion date on which all of the required improvements shall be fully installed, completed and accepted by the City. The completion date shall be determined by the City Council after consultation with the City Engineer and the subdivider, and shall be reasonable in relation to the construction to be performed, the seasons of the year and proper correlation with construction activities in the subdivision. The performance contract shall provide that in the event the required improvements are not completed within the time allotted, the City shall be allowed to exercise its power to recover on the performance bond or utilize the escrow deposit to complete the remaining construction to City standards and specifications. In the event the amount of funds recovered is insufficient to cover the cost of construction, the City Council may assess the remaining cost to the lands within the subdivision. d. Construction Plans Construction plans and specifications for the required improvements conforming in all respects with the standards and ordinances of the City shall be prepared at the expense of the subdivider by a professional engineer registered by the State of Minnesota. Such plans and specifications shall be approved by the City Engineer and shall become a part of the performance contract. Two prints of said plans and specifications shall be filed with the City Clerk. e. Inspection All required improvements shall be inspected during the course of construction by the City Engineer and acceptance of said improvements by the City shall require the prior written certification by the City Engineer that said improvements have been constructed in compliance with the plans and specifications. -46- f. Prior Improvements Improvements which have been completed prior to application for final plat approval or execution of the per- formance contract shall be accepted as equivalent improvements provided the City Engineer shall certify in writing that said improvements conform to City standards. g. Construction by City The City shall have the right to install such of the required improvements as it may elect, and upon such terms and conditions as it may deem appropriate under the circumstances. h. As Built Plans Upon completion of installation of all required improve- ments, the subdivider shall file with the City Clerk a tracing and two copies of plans and specifications showing all improvements as finally constructed and installed. i. Street Improvement Standards All street improvements shall comply with Ordinance 33, Section 9.09. It j. Drainage Facilities All drainage facilities shall comply with Ordinance 33, Section 9.10. k. City Water and Sanitary Sewer Systems All water and sewer systems shall comply with applicable City Ordinances. 1. Sidewalks and Pedestrian Ways Required by the City and shall conform to the design standards as outlined in City Ordinance 33, Subdivision 9.13. m. Public Utilities Shall conform to the design standards as outlined in City Ordinance 33, Subdivision 9.14. n. Final Plat Prior to City Council approval of final plat, the following procedure shall be followed: 1. Filing of Final Plat Within six (6) months following approval of the preliminary plat, unless an extension of time is requested in writing by the subdivider and granted by the City Council, the subdivider shall file ten (10) copies of the final plat with -47- the Zoning Administrator and shall pay a filing fee as established by Ordinance 47. The final plat shall incorporate all changes required by the City Council, and in all other respects, it shall conform to the preliminary plat as approved. If the final plat is not filed within six (6) months following approval of the preliminary plat, the approval of the preliminary plat shall be considered void. The final plat may constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at that time, provided that such portion shall conform to all requirements of City Ordinance 33, and provided further that the remaining portion or portions of the preliminary plat not submitted as a final plat shall be subject to the right of the City to adopt new or revised platting and subdivision regulations. 2. Required Final Plat Data Shall conform to City standards as outlined in Ordinance 33, Section 10.04. 3. Filing of Abstract At the time of filing the final plat with the Zoning Administrator, the subdivider shall also file with the Administrator an abstract of title or registered property abstract, certified to date, evidencing ownership of the premises involved in the plat. 4. Easements Prior to the submission of a final plat to the City Council for approval, the subdivider shall furnish the City with all easements for utilities, drainage, street right-of-way, surface water ponding areas, and such other public uses as shall be found to be necessary, convenient or desirable by the City. Said easements shall be in proper form for recording in the office of the Register of Deeds or Registrar of Titles. Step 10. ZONING ADMINISTRATOR The Administrator shall refer copies of the final plat to the City Engineer, and shall refer the abstract to the City Attorney for their examination and report. a. Reports The City Engineer and City Attorney shall submit their reports to the City Council within fifteen (15) days after the filing of the final plat. The Engineer shall state whether the final plat and the improvements conform to the engineering and design standards and specifications of the City. The City Attorney shall state his opinion as to the title of the premises involved. s -48- b. Prepares planning report other staff and forwards copies to no later than Friday, prior to the Step 11. CITY COUNCIL which includes comments from each member of the City Council Council meeting. The City Council shall act on the final pl days of the date on which it was filed wit The final plat shall not be approved if it the preliminary plat including all changes Council, or does not meet the engineering and specifications of the City. Step 12. CITY ADMINISTRATOR at within sixty (60) h the Zoning Administrator. does not conform to required by the City and design standards a. Following approval of the final plat by the City Council, the City Administrator shall promptly notify the subdivider of said approval and within thirty (30) days, thereafter, the final plat shall be recorded with the Register of Deeds or Registrar of Titles of the County in which the subdivision lies. The Administrator shall receive from the subdivider a tracing and three (3) copies of the final plat as recorded. b. Instructs City Attorney to prepare and execute Final Plat Development Contract as per City Council action. PLANNING REPORT DATE: November 8, 1976 TO: Planning Commission FROM: Bruce Pankonin, City Planner SUBJ: Subdivision of Land on Lyman Blvd. APPLICANT: Ed Dunn PLANNING CASE: P-295 PPTTTTnM To subdivide the subject property (40+ acres) into ten (10) residential building sites and one (1) outlot. BACKGROUND 1. Community Location: As shown in enclosure 2, and more specifically defined in enclosure 3, the subject property contains 40+ acres of land located ? mile west of STH 101 on the north side of Lyman Blvd. 2. Existing Zoning: As shown in enclosure 2, the subject property is zoned R-lA, Residential -Agricultural. 3. Municipal Sanitary sewer and water service is not available to the subject property. Truck sanitary sewer service will be extended to the area sometime in the future after construction of the Lake Ann Interceptor Phase II. The timing, staging, cost and location of this truck sewer service is unknown at this time, however, it is safe to say, trunk service will not be available until after 1980. 4. City Plan Proposals: a. Land Use: Upon the construction of truck sewer service to the subject property, the land in question and adjacent parcels is to assume a low density residential identity. b. Transportation: The county will be realigning County Road 17 in 1979. This roadway will be adjacent to the subject property's east property line. Lyman Blvd. which forms the subject property's southern border, will be upgraded to county standards in 1981. 5. Physiography of the Subject Property: As shown in enclosure 3, the subject property contains steep slopes, scattered trees and lowland area. The subject property drains east and the water is picked up by an ekis.ting ditch and eventually winds up in Lake Susan. Planning Commission -2- November 9, 1976 PLANNER'S COM14ENTS 1. City Ordinance 45, Section 2.01 prohibits the platting and subdivision of land within the city not served by sanitary sewer and water. Because of ordinance restriction, the Dunn proposal cannot proceed on further unless the City Council repeals Ordinance 45 and creates more liberal land use restrictions for unsewered land. At this time, neither the planning commission nor the city council have established standards to review development plans in a rural area for which public services are not immediately available or imminent. Instead, the council has adopted a sound planning philosophy of not allowing developments to occur in areas where public services are not present, i.e. "The Council of the City of Chanhassen determines that in areas of the city not served by public sanitary sewer there are serious problems of water pollution and disposal of sewage which cannot effectively or economically be dealt with in the development of small tracts or plots of land; that private individual sewage disposal systems have proved unsafe and unreliable in many instances with the consequence that there has been contamination of underground water supplies, pollution of lakes and streams, and the surfacing of sewage effluent to the serious detriment of public health, welfare and safety. This policy of prohibiting subdivision of land in the unsewered area will also assure that orderly growth will occur within the community and that the city will not be faced with issues of rural versus urban conflicts. The rural setting is often desired for residential purposes, but such inevitably leads to conflicts between uses with the council eventually faced with the dilemma, i.e. dust problems of unimproved roads, future ability to provide services and ad.sessments of such, fire and police services, etc. In addition, the council has not established "estate -type" developments; again, reaffirming the council policy for not allowing of this type of development. 2. From a planning perspective, there may be locations for large lot estate types of developments. Through the comprehensive planning process, the council may develop procedures, standards., etc,for construction of said estate type of development. Until these standards are developed by the city, the Dunn proposal should be placed in hold. LOCUTION B Q 7��2 �u ? Q r r 1776-1976 CITY OF CHANHASSEN 7610 LAREDO DRIVE*P 0 BOX 147*CHANHASSEN, MINNESOTA 55317*(612) 474-8885 PLANNING REPORT DATE: January 9, 1977 TO: Planning Commission, Staff and Ed Dunn FROM: Bruce Pankonin, City Planner SUBJ: Subdivision of Land on Lyman Blvd. APPLICANT: Ed Dunn PLANNING CASE: P-295 Peti.i-i nn To subdivide 40+ acres into 10 residential building sites and one outlot. Background The Planning Commission duly considered Mr. Dunn's sketch plan at its meeting on November 10, 1976. At that meeting a motion was made by Les Bridger and seconded by Jerry Neher to table any action on this request until another meeting to give members of the commission time to review this petition and the Hesse Farm development. Members of the commission toured the Dunn site on Saturday, November 13th at 10:30 a.m. Planner's Recommendation Because City ordinance 45, Section 2.01 prohibits the platting and subdivision of land within the City not served by sanitary sewer and water I respectfully the Dunn Subdivision be denied. However, I do believe, there may be locations for large lot estate -types of development. Through the Comprehensive Planning process, the Council may develop procedures, standards, etc. for construction of said estate types of developments. Until these standards are developed by the City, the Dunn proposal will have to be placed in hold.