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1b-1 The Arbors Final Plat Approval 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: 952.227.1110 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: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.cLchanhassen.mn.us j-b-1 ......~."IWo>........,.~ MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner ,,~. DATE: April 23, 2007 SUBJ: Final Plat Approval for The Arbors Planning Case No. 07-02 PROPOSAL SUMMARY The applicant is requesting final plat approval for 20 single-family lots, 3 outlots and right-of-way for public streets. Lot 1, Block 3 has preliminary plat approval for three lots. The current property owners do not intend to final plat their parcel into three lots until a future date. However, the preliminary plat approval within the general standards of the development contract grants standing under the current zoning regulations for only a two-year period. City Council may extend the timeframe for such approval. A three-year extension, until April 2012, may be appropriate to facilitate the dedication of right-of-way for the Dogwood Road extension. After that time, the property would need to comply with the zoning regulations in place for property zoned Single-Family Residential, RSF, including any intervening changes to the City Code. The Land Use Amendment is scheduled for Metropolitan Council Community Development Committee review on April 16, 2007 and full Metropolitan Council review on April 25, 2007. Metropolitan Council staff is recommending allowing the Land Use Amendment. The amendment is scheduled on the Metropolitan Council's consent agenda. The land use amendment would not impact the current final plat proposal since it relates to Lot 1, Block 3 which is not being final platted as three lots at this time. The proposed subdivision complies with all the requirements of the RSF district regulations. Staff is recommending approval of the final plat for The Arbors subject to the conditions of the staff report. EXISTING CONDITIONS The site varies from gentle grass slopes on the east side to steeper wooded slopes on the west side. The high point of the property lies on the east side. BACKGROUND On January 22, 2007, the Chanhassen City Council approved the following: 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. Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 2 of 20 A. Comprehensive Land Use Map Amendment from Residential-Large Lot to Residential-Low Density for Lots 1 through 3, Block 3, of the preliminary plat of The Arbors contingent on Metropolitan Council review. B. The Rezoning from RR, Rural Residential, to RSF, Single Family Residential for the land within the plat of The Arbors subject to final plat approval for The Arbors. C. The preliminary plat for the Arbors creating 22 lots, 3 outlots and public right-of-way. SUBDIVISION REVIEW RIGHT-OF-WAY The proposed development was platted as Zimmerman Farm 1 st Addition in 1991 and included a 30-foot wide right-of-way for Zimmerman Road. This street was never constructed and is not needed due to the proposed West 78th Street extension; therefore, this right-of-way will be vacated once City Project 06-06 has commenced. The plat includes a 60-foot wide right-of-way for the future extension of Dogwood Road from West 78th Street to Crimson Bay Road. The eastern line of this right-of-way must align with the existing eastern right-of-way of Crimson Bay Road. GRADING AND DRAINAGE The developer proposes to mass grade the majority of the site. Lots 1 through 3, Block 1 are proposed as custom-graded lots. the plans do not show proposed grading on Lots 1 through 3, Block 3 since the owner of the existing home within proposed Lot 1, Block 3 intends to retain ownership of the area encompassed by these proposed three lots and final plat at a later date. A pond is proposed in the southwest corner of Block 2. The pond is to treat runoff from the majority of the lots within the development, the new portion of West 78th Street within the plat, and approximately 440 feet of the proposed Dogwood Road extension. The proposed grading on Lots 12, 13 and 14, Block 1 must be modified so that the backyard grade is minimum 2%. The proposed major contours must be a different line weight or type. RETAINING WALLS The developer proposes to construct a two-tiered retaining wall system on the south side of Lot 4, Block 1, south of the existing home. The maximum height of each tier is four feet; therefore, a building permit is required. The maximum combined height of the retaining wall is seven feet. Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 3 of 20 UTILITIES Lateral sanitary sewer and watermain to serve the proposed development are proposed to be constructed in conjunction with City Project 06-06, Dogwood Roadffanadoona Drive Street and Utility Improvement Project. Bids will be opened on May 4, 2007. The anticipated award date is June 11,2007 with construction beginning approximately one week later. Portions of the project costs for Project 06-06 are proposed to be assessed to the existing residents along Dogwood Road and the proposed units within The Arbors plat. Staff has met with the residents several times to discuss Project 06-06; the neighborhood is generally supportive of the project. Under Project 06-06, eight-inch gravity sanitary sewer will extend from the intersection of the Dogwood RoadlWest 78th Street intersection to the lift station located near the southeast corner of Dogwood Road and Tanadoona Drive. Lift station and forcemain upgrades are also proposed with Project 06-06. The remainder of lateral sanitary sewer to serve the proposed development will be installed and paid for by the developer. Based on the information provided, lots within the preliminary plat will not require an ejector pump. In conjunction with Project 06-06, eight-inch lateral watermain will extend from the Dogwood RoadlWest 78th Street intersection to the existing stub within Tanadoona Drive, which is approximately 1100 feet east of the Dogwood Road/Tanadoona Drive intersection. The remainder of the lateral watermain to serve the development will be installed and paid for by the developer. Eight-inch lateral sanitary sewer and watermain will be stubbed south of the Dogwood Roadffanadoona Drive intersection to service Lots 1 through 3, Block 3 when they are final platted, and to provide service to the residences on Crimson Bay Road to the south. A pressure- reducing station will likely be required for the Crimson Bay residents. Due to a significant drop in grade from the Dogwood RoadlWest 78th Street intersection to Crimson Bay, sanitary sewer service for Crimson Bay will likely require a lift station and forcemain. The City's engineering consultant has provided an estimated cost for Project 06-06; the developer's estimated assessment is $890,851.58. The actual assessment will be based on the bid price for Project 06-06. The developer shall provide a $690,851.58 financial security with the development contract and pay $200,000.00 of the estimated assessment amount in cash with the final plat. This cash payment will be held in escrow until Project 06-06 is awarded. By signing the development contract, the developer agrees to the following payment schedule for the Project 06-06 assessments: The City will construct Dogwood Roadffanadoona Drive Street and Utility Improvement Project, city project 06-06 that will serve the Plat. Property within the plat is hereby specially assessed $890,851.58 for the project. The assessment must be paid in accordance with the following payment schedule, without deferment: Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 4 of 20 Payment Remaining Payment due date Amount Balance (minimum) of Assessment June 12, 2007 $200,000.00 $690,851.58 August 7, 2007 $200,000.00 $490,851.58 October 2, 2007 $200,000.00 $290,851.58 November 27, 2007 $200,000.00 $90,851.58 November 30, 2007 $91,851.58 $0.00 The assessment shall be deemed adopted on the date this agreement is approved by the city council. The Developer and fee owner waive any and all procedural and substantive objections to the installation of the public improvement and the special assessment, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the property; and further waive any appeal rights otherwise available pursuant to M.S.A. ~ 429.08.. By signing the development contract, the developer and fee owner waive any appeal rights for City Project 06-06 otherwise available pursuant to M.S.A. ~ 429.081. Staff anticipates that grading for The Arbors will be completed before commencement of Project 06-06. Final plat approval shall be contingent upon the award of Project 06-06. The septic system for the existing home on Lot 4, Block 1 may remain until the sanitary sewer has been installed and tested. A building permit for Lot 3, Block 1 will not be issued until the septic system has been properly removed and abandoned. Watermain must be a minimum of 18 inches above or below the sanitary sewer. STREETS Access to the proposed development will be from West 78th Street and Dogwood Road. Dogwood Road is proposed to be constructed with Project 06-06. The portion of Dogwood Road within and adjacent to The Arbors final plat will be a 31-foot wide roadway; the remaining portion of Dogwood Road will be 26 feet wide. The developer will extend West 78th Street from its current terminus within the Westwood Church property within the existing roadway, drainage and utility easement. West 78th Street will be a 31-foot wide urban section. Access for Lots 2 and 3, Block 3 will be addressed and constructed when those lots are final platted. The property owner on Lots 1 through 3, Block 3 has requested that the gravel driveway and turnaround area within the Dogwood Road right-of-way south of West 78th Street remain, with Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 5 of 20 the portion of the turnaround within Lot 1, Block 2 being removed. This gravel drive and turnaround will require an Encroachment Agreement which would be filed with the final plat. The drive and turnaround will be removed when Dogwood Road is extended in the future. The developer may obtain up to three model home permits before the streets and utilities are installed. Certificates of Occupancy for these permits will not be issued until the utilities are installed and pass the required testing, and the first lift of asphalt is installed within West 78th Street and the portion of Dogwood Road adjacent to the final plat. The location of the model homes is subject to the Building Official and Fire Marshal's approval. SURFACE WATER MANAGEMENT PLAN (SWMP) CONNECTION CHARGES Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on rural residential development rates of $1,900/acre. Therefore, the water quality fees associated with this project are $33,478. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average city wide 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 $3,100 per developable acre. This results in a water quantity fee of approximately $54,622 for the proposed development. SWMP Credits This project proposes the construction of one NURP pond. The applicant will be credited for 50% of the water quality charge for each acre draining to the NURP pond on-site. The total SWMP fee, due payable to the City at the time of final plat recording, is $74,570.50. PARKS AND RECREATION Parks This property is located within an area of the City not currently served by a neighborhood park. However, there is an abundance of parkland and open space in the vicinity of The Arbors. The property shares its southern border with the Minnesota Landscape Arboretum. This particular portion of the Arboretum, consisting of research fields, is not open to the public. Minnewashta Regional Park is located approximately one-half mile north of the site off of State Highway 41. This 340-acre regional park facility is operated by Carver County and features a swimming beach, bathhouse, concession stand, picnic shelters, volleyball courts, playground, trails and fishing pier. The City owns ten acres of wooded open space at the intersection of Tanadoona Drive and State Highway 41. No additional parkland acquisition is being recommended as a condition of this subdivision. Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 6 of 20 TRAILS The subject site has convenient access to the West 78th Street pedestrian trail. The applicant should be required to connect The Arbors neighborhood to this trail with a sidewalk connection along the entire north side of the new section of West 78th Street. No additional trail construction is being recommended as a condition of this subdivision. The two existing homes paid park and trail fees. The 18 additional dwelling units will be required to pay park fees. Based on 2007 park fees, the total fees payable at the time of final plat recording are $104,400.00. WETLANDS Existing Wetlands Two natural wetlands exist on-site. Kjolhaug Environmental Services delineated the wetlands in May 2001. The wetland boundaries were reevaluated in November 2006 and are consistent with those delineated in 2001. Wetland 1 is a Type 3 wetland adjacent to Lake Minnewashta in the southwest corner of the property. The wetland is dominated by reed canary grass, cattail, red osier dogwood and sedges. This project does not propose to impact Wetland 1. Wetland 1 is classified as a Preserve wetland by the City Wetland Inventory. Wetland 1 is approximately 17,965 square feet on the site. Wetland 2 is a forested Type 1 wetland in the north center portion of the property. The wetland is dominated by American elm, black ash, box elder and sedges. This project does not propose to impact Wetland 2. Wetland 2 is not included in the City Wetland Inventory. The applicant classified Wetland 2 using the results from the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0). Wetland 1 is classified as a natural wetland. Wetland 2 is approximately 6,920 square feet. A wetland buffer 20 feet in width and a 40-foot setback from the wetland buffer must be maintained around both wetlands. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. The proposed driveway and structure on Lot 2, Block 1 appear to be within the wetland setback for Wetland 2. The applicant should submit a house plan that will meet the required setback on Lot 2, Block 1. The proposed conservation easement should be revised to envelop Wetland 2 and the required wetland buffer. Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 7 of 20 LAKES The proposed project is within 1,000 feet of the ordinary high water level (OHW) of Lake Minnewashta and is therefore within the lake's shoreland management district. The Minnesota Department of Natural Resources (DNR) classifies Lake Minnewashta as a recreational development lake. The ordinary high water (OHW) elevation from Lake Minnewashta is 944.5. A 75-foot setback is required from the OHW. COMPLIANCE TABLE Area (sq. ft.) Frontage (ft.) Depth (ft.) Notes Code 15,000 90 125 Ll Bl 41,683 154 367 Wetland, net lot area 34,743 sq. ft., conservation easement L2Bl 32,646 120 332 Wetland to north, conservation easement L3Bl 29,740 116 333 Conservation easement UBI 49,068 186 222 Corner lot L5 Bl 34,443 144 247 Conservation easement L6Bl 25,071 120 236 Corner lot L7Bl 20,243 130 194 L8 Bl 53.395 70 * 389 Conservation easement L9Bl 31,623 71 * 237 Conservation easement LlO Bl 30,239 74 * 218 Lll Bl 35,372 80 * 237 L12 Bl 28,797 112 252 L13 Bl 21,451 116 163 Corner lot L14 Bl 31,071 195 199 Ll B2 21,646 140 152 Corner lot L2B2 21,845 170 160 L3 B2 19826 118 151 L4B2 25,310 122 188 L5 B2 18,965 135 142 Ll B3 112,091 293 273 Lake shore and wetland, net lot area 94,126 Outlot A 3,372 Landscape Island Outlot B 9,630 Common Lot Outlot C 39,269 Storm water pond ROW 132,896 3.06 acres Total 869,693 19.67 acres * Meets 90 foot width at the building setback line (cul-de-sac). Setbacks: Front - 30 feet, rear - 30 feet, side - 10 feet, lake shore - 75 feet, wetland - 40 feet from wetland buffer. Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 8 of 20 REVIEW CONDITIONS OF APPROVAL 1. The house designs, locations and driveway configurations for Lots 1 and 2, Block 1, must be revised to maintain the required wetland setback. *This condition shall be modified as follows: The house design, location and driveway configuration for Lot 2, Block 1, must be revised to maintain the required wetland setback. 2. Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a condition of approval for The Arbors. The park fees shall be collected in full at the rate in force upon final plat submission and approval. *This condition shall be modified as follows: The developer shall pay park fees of $104,400.00 at the time of final plat recording. 3. Fire Marshal's Conditions: a. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1.Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. *This condition still applies. b. Temporary street signs shall be installed at street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. *This condition still applies. c. Fire apparatus access roads shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all-weather driving capabilities. Pursuant to Minnesota State Fire Code Section 503.2.3. *This condition still applies. d. Submit proposed cul-de-sac name to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. *This condition still applies. The street name Arbor Court is not acceptable. The developer has submitted "Beacon Court" as an alternative name, which is acceptable to public safety. The condition should be modified as follows: The cul-de-sac shall be labeled Beacon Court. Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 9 of 20 e. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. *This condition still applies. 4. Building Official Conditions: a. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. *This condition still applies. b. Demolition permits must be obtained prior to demolishing any structures on the site. *This condition still applies. c. Existing wells and on-site sewage treatment systems on the site must be abandoned in accordance with State Law and City Code. *This condition still applies. d. The developer must submit a list of proposed street names for review and approval prior to final plat of the property. *This condition is a duplicate and may be deleted. e. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. *This condition still applies. f. Separate sewer and water services must be provided each lot. *This condition still applies. 5. City Forester's Conditions: a. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall be in place and maintained until all construction is completed. *This condition still applies. b. Any trees removed in excess of proposed tree preservation plans, dated 10/31/06, will be replaced at a ratio of 2: 1 diameter inches. *This condition still applies. Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 10 of 20 c. A minimum of two trees shall be planted on each lot. *This condition still applies. d. Tree conservation easements on Lots 5,8, and 9, Block 1 shall be enlarged beyond what is shown on plans dated 10/31/06. *This condition has been met. e. Tree conservation easements shall be located on Lots 1-3,5, 8-9, Block 1. *This condition still applies. f. The applicant shall replace Colorado spruce shown on landscape plan with concolor fir or Norway spruce. *This condition has been met. 6. City Engineer's Conditions: a. In order to meet the 10% maximum allowable driveway grade on Lots 1 through 3, Block 1, the builder may have to put steps in the garage to accommodate the grade change. *This condition no longer applies. b. The dead pool volume of the pond needs to be increased by 360 cubic feet to meet the MPCA Phase II requirements. *This condition has been met. c. The proposed 1036 foot contour on Lots 12 and 14, Block 1 must be shifted so that the backyard grade is minimum 2%. *This condition shall be modified as follows: The grading on Lots 12, 13 and 14, Block 1 must be modified so that the backyard grade is minimum 2%. d. The proposed major contours must be a different line weight or type. *This condition still applies. e. Based on the grading plan, the home on Lot 5, Block 1 will be a walkout, not a full basement. *This condition has been met. Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 11 of 20 f. The top and bottom of wall elevations of the wall must be shown on the grading plan. *This condition has been met. g. Final plat approval shall be contingent upon the approval and construction of Project 06- 06. *This condition still applies. h. Watermain must be minimum 18 inches above or below the sanitary sewer. *This condition still applies. 1. Access for Lots 2 and 3, Block 3 will be addressed and constructed when those lots are final platted. *This condition still applies. J. An encroachment agreement is required for the gravel drive and turnaround within the Dogwood Road right-of-way south of West 78th Street. *This condition shall be modified as follows: The gravel drive and turnaround will require an Encroachment Agreement which would be filed with the final plat. The drive and turnaround will be removed when Dogwood Road is extended in the future. 7. Water Resources Coordinator's Conditions: a. The applicant shall classify Wetland 2 using the results from the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0). An electronic version of the completed MnRAM evaluation shall be submitted to and approved by the city to establish the classification of Wetland 2 so the appropriate wetland buffer and setback requirements can be determined. *This condition has been met. b. A wetland buffer 50-feet in width and a 50 foot setback from the wetland buffer must be maintained around Wetland 1. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. Wetland buffer and setback requirements for Wetland 2 are contingent upon review and approval of the MnRAM for that wetland. *This condition shall be modified as follows: Both wetlands on-site are classified as Natural wetlands; therefore, a wetland buffer with a minimum width of 20 feet shall be maintained around the wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 12 of 20 and shall pay the City $20 per sign. All structures shall maintain a setback of at least 40 feet from the wetland buffer edge. c. The proposed driveways and structures on Lots 1 and 2, Block 1 appear to be within the wetland setback for Wetland 2. The applicant shall submit house plans that will meet the required setbacks on Lots 1 and 2, Block 1. *This condition is a duplicate and can be deleted. d. The proposed conservation easement shall be revised to envelop Wetland 2 and the required wetland buffer. *This condition still applies. e. A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. A Storm Water Pollution Prevention Plan (SWPPP) will be required in conjunction with this application. The SWPPP shall be provided to the City so it can be reviewed by the Carver Soil and Water Conservation District prior to the preconstruction meeting for the project. *This condition still applies. f. The proposed storm water pond shall be constructed prior to disturbing upgradient areas and used as a temporary sediment basin during mass grading. Diversion berms/ditches may be needed to divert water to the pond and a temporary pond outlet shall be provided. The outlet could be a temporary perforated standpipe and rock cone. The plans shall be revised to include a detail for the temporary pond outlet. *This condition still applies. g. It shall be noted on the SWPPP that all areas that will not be permanently stabilized within the timeframe required by the NPDES permit shall be temporary mulched and seeded. A note shall be included in the dewatering section of the SWPPP that states: "If construction of the proposed temporary/permanent sediment pond is not completed prior to dewatering, the City's on-site construction observer must approve proposed dewatering methods prior to beginning dewatering." *This condition still applies. h. The plans shall be revised to incorporate Chanhassen' s standard details for erosion and sediment control, including 5302A and 5302D. Proposed erosion and sediment controls for individual lots shall include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the Certificate of Occupancy. *This condition still applies. Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 13 of 20 1. The applicant shall provide erosion and sediment control along the south and east property lines to prevent discharge of sediment onto adjacent properties. *This condition has been met. J. All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50 -75 feet. This shall be noted on the plans and discussed at the preconstruction meeting. *This condition still applies. k. Energy dissipation shall be provided at the inlet to the proposed pond and at the end of the discharge pipe that outlets to the wetland within 24 hours of pipe installation. The discharge location for the outlet of the proposed pond shall be evaluated to ensure that the proposed discharge will not cause erosion issues. Reinforced erosion control matting may be required. *This condition still applies. I. A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion control blanket). A typical detail shall be included in the plan. The overland route from the EOF to Lake Minnewashta shall be shown on the plans and shall be encumbered by a drainage and utility easement. *This condition still applies. m. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3:1 10:1 t03:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. *This condition still applies. n. Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. *This condition still applies. Todd Gerhardt The Arbors Pinal Plat April 23, 2007 Page 14 of 20 o. The plans shall be revised to show a rock construction entrance (minimum 75 feet in length) wherever construction traffic will access the site. The rock construction entrance shall be constructed in accordance with Chanhassen's Standard Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. *This condition has been met. p. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $74,570.50. q. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. *This condition still applies. 8. The developer shall provide in both their sales material and within the association covenants full disclosure about the Minnesota Landscape Arboretum location, use of electric fence, research operations, and agricultural operations including the spraying of trees. *This condition still applies. 9. The developer shall install signage on Lots 4 and 5, Block 2, and Outlots Band C warning of the electrical fence on the Minnesota Landscape Arboretum property. *This condition still applies. 10. The Dogwood Road roadway width shall be determined with the Pinal Plat. *This condition has been met. Based on review of the final plat, staff recommends that the following conditions be added: 1. The preliminary plat approval permitting three lots on Lot 1, Block 3, The Arbors, shall remain in force through April 23, 2012. Thereafter, future subdivision of the parcel must comply with the zoning requirements in place at the time of final plat approval. Engineer's Conditions: 1. The eastern line of the Dogwood Road right-of-way south of West 78th Street must align with the existing eastern right-of-way of Crimson Bay Road. 2. The developer shall provide a financial security for the proposed assessments with the development contract. Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 15 of 20 3. The City will construct Dogwood Roadffanadoona Drive Street and Utility Improvement Project, city project 06-06 that will serve the Plat. Property within the plat is hereby specially assessed $890,851.58 for the project. The assessment must be paid in accordance with the following payment schedule, without deferment: Payment Remaining Payment due date Amount Balance (minimum) of Assessment June 12,2007 $200,000.00 $690,851.58 August 7,2007 $200,000.00 $490,851.58 October 2, 2007 $200,000.00 $290,851.58 November 27, 2007 $200,000.00 $90,851.58 November 30,2007 $91,851.58 $0.00 The assessment shall be deemed adopted on the date this agreement is approved by the city council. The Developer and fee owner waive any and all procedural and substantive objections to the installation of the public improvement and the special assessment, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the property; and further waive any appeal rights otherwise available pursuant to M.S.A. ~ 429.08. 4. By signing the development contract, the developer and fee owner waive any appeal rights for City Project 06-06 otherwise available pursuant to M.S.A. ~ 429.081. 5. The septic system for the existing home on Lot 4, Block 1 may remain until the sanitary sewer has been installed and tested. 6. A building permit for Lot 3, Block 1 will not be issued until the septic system has been properly removed and abandoned. 7. The developer may obtain up to three model home permits before the streets and utilities are installed. Certificates of Occupancy for these permits will not be issued until the utilities are installed and pass the required testing, and the first lift of asphalt is installed within West 78th Street and the portion of Dogwood Road adjacent to the final plat. 8. The location of the model homes is subject to the Building Official and Fire Marshal's approval. RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The Chanhassen City Council approves the Pinal Plat for The Arbors creating 20 lots and three outlots, subject to the following conditions: 1. The house design, location and driveway configuration for Lot 2, Block 1, must be revised to maintain the required wetland setback. Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 16 of 20 2. The developer shall pay park fees of $104,400.00 at the time of final plat recording. 3. Pire Marshal's Conditions: a. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1.Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. b. Temporary street signs shall be installed at street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Pire Code Section 501.4. c. Fire apparatus access roads shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all-weather driving capabilities. Pursuant to Minnesota State Fire Code Section 503.2.3. d. The cul-de-sac shall be labeled Beacon Court. e. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 4. Building Official Conditions: a. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. b. Demolition permits must be obtained prior to demolishing any structures on the site. c. Existing wells and on-site sewage treatment systems on the site must be abandoned in accordance with State Law and City Code. d. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. e. Separate sewer and water services must be provided each lot. 5. City Forester's Conditions: a. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall be in place and maintained until all construction is completed. Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 17 of 20 b. Any trees removed in excess of proposed tree preservation plans, dated 10/31/06, will be replaced at a ratio of 2: 1 diameter inches. c. A minimum of two trees shall be planted on each lot. d. Tree conservation easements shall be located on Lots 1-3,5,8-9, Block 1. 6. City Engineer's Conditions: a. The grading on Lots 12, 13 and 14, Block 1 must be modified so that the backyard grade is minimum 2%. b. The proposed major contours must be a different line weight or type. c. Final plat approval shall be contingent upon the approval and construction of Project 06- 06. d. Watermain must be minimum 18 inches above or below the sanitary sewer. e. Access for Lots 2 and 3, Block 3 will be addressed and constructed when those lots are final platted. f. The gravel drive and turnaround will require an Encroachment Agreement which would be filed with the final plat. The drive and turnaround will be removed when Dogwood Road is extended in the future. g. The eastern line of the Dogwood Road right-of-way south of West 78th Street must align with the existing eastern right-of-way of Crimson Bay Road. h. The developer shall provide a financial security for the proposed assessments with the development contract. 1. The City will construct Dogwood Roadffanadoona Drive Street and Utility Improvement Project, city project 06-06 that will serve the Plat. Property within the plat is hereby specially assessed $890,851.58 for the project. The assessment must be paid in accordance with the following payment schedule, without deferment: Payment Remaining Payment due date Amount Balance (minimum) of Assessment June 12,2007 $200,000.00 $690,851.58 August 7, 2007 $200,000.00 $490,851.58 October 2, 2007 $200,000.00 $290,851.58 November 27,2007 $200,000.00 $90,851.58 November 30, 2007 $91,851.58 $0.00 Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 18 of 20 The assessment shall be deemed adopted on the date this agreement is approved by the city council. The Developer and fee owner waive any and all procedural and substantive objections to the installation of the public improvement and the special assessment, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the property; and further waive any appeal rights otherwise available pursuant to M.S.A. ~ 429.08. J. By signing the development contract, the developer and fee owner waive any appeal rights for City Project 06-06 otherwise available pursuant to M.S.A. ~ 429.081. k. The septic system for the existing home on Lot 4, Block 1 may remain until the sanitary sewer has been installed and tested. I. A building permit for Lot 3, Block 1 will not be issued until the septic system has been properly removed and abandoned. m. The developer may obtain up to three model home permits before the streets and utilities are installed. Certificates of Occupancy for these permits will not be issued until the utilities are installed and pass the required testing, and the first lift of asphalt is installed within West 78th Street and the portion of Dogwood Road adjacent to the final plat. n. The location of the model homes is subject to the Building Official and Fire Marshal's approval. 7. Water Resources Coordinator's Conditions: a. Both wetlands on site are classified as Natural wetlands; therefore, a wetland buffer with a minimum width of 20 feet shall be maintained around the wetlands. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. All structures shall maintain a setback of at least 40 feet from the wetland buffer edge. b. The proposed conservation easement shall be revised to envelop Wetland 2 and the required wetland buffer. c. A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. A Storm Water Pollution Prevention Plan (SWPPP) will be required in conjunction with this application. The SWPPP shall be provided to the City so it can be reviewed by the Carver Soil and Water Conservation District prior to the preconstruction meeting for the project. d. The proposed storm water pond shall be constructed prior to disturbing upgradient areas and used as a temporary sediment basin during mass grading. Diversion berms/ditches may be needed to divert water to the pond and a temporary pond outlet shall be provided. The outlet could be a temporary perforated standpipe and rock cone. The plans shall be revised to include a detail for the temporary pond outlet. Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 19 of 20 e. It shall be noted on the SWPPP that all areas that will not be permanently stabilized within the timeframe required by the NPDES permit shall be temporary mulched and seeded. A note shall be included in the dewatering section of the SWPPP that states: "If construction of the proposed temporary/permanent sediment pond is not completed prior to dewatering, the City's on-site construction observer must approve proposed dewatering methods prior to beginning dewatering." f. The plans shall be revised to incorporate Chanhassen's standard details for erosion and sediment control, including 5302A and 5302D. Proposed erosion and sediment controls for individual lots shall include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the Certificate of Occupancy. g. All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50-75 feet. This shall be noted on the plans and discussed at the preconstruction meeting. h. Energy dissipation shall be provided at the inlet to the proposed pond and at the end of the discharge pipe that outlets to the wetland within 24 hours of pipe installation. The discharge location for the outlet of the proposed pond shall be evaluated to ensure that the proposed discharge will not cause erosion issues. Reinforced erosion control matting may be required. 1. A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion control blanket). A typical detail shall be included in the plan. The overland route from the EOF to Lake Minnewashta shall be shown on the plans and shall be encumbered by a drainage and utility easement. J. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3: 1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. k. Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. Todd Gerhardt The Arbors Final Plat April 23, 2007 Page 20 of 20 I. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $74,570.50. m. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 8. The developer shall provide in both their sales material and within the association covenants full disclosure about the Minnesota Landscape Arboretum location, use of electric fence, research operations, and agricultural operations including the spraying of trees. 9. The developer shall install signage on Lots 4 and 5, Block 2, and Outlots Band C warning of the electrical fence on the Minnesota Landscape Arboretum property. 10. The preliminary plat approval permitting three lots on Lot 1, Block 3, The Arbors, shall remain in force through April 23, 2012. Thereafter, future subdivision of the parcel must comply with the zoning requirements in place at the time of final plat approval." A TT ACHMENTS 1. Location Map. 2. Development Review Application. 3. Letter From Bruce Carlson to Bob Generous dated 3/23/07. 4. Reduced Copy Final Plat. 5. Reduced Copy Landscape Plan. 6. Conservation Easement. 7. Metropolitan Council Community Development Committee Memo dated march 28, 2007 . g:\plan\2007 planning cases\07 -02 the arbors\final plat\final plat memo.doc Location Map The Arbors Planning Case No. 07..02 City of Chanhassen / /.- '~', '~.',~: i~.. lake Minnewashta 11 nadoona Drive ~: l' .~... . ......"V ------ OJ -------~~ss99. ~ 03/26/2007 10:03 FAX 406 995 3244 MIRE Co LODGE MAR-26-1007 MON 11:17 AM RESTWELL FACTORY 1~~,~'LUj4btJ 141 002/002 r, UUU UUJ I CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Ohanhasseri; MN 65317 - (952) 227-1100 Planning Case No. DEVELOPME~T REVIEW APPLICATION - ';,I'" '.. , , . tiQI&= . Oonsultation wIth City staff I~ rSClulrM prior to submittal, including review of development plans . '. . . _ Comprehen~ive Plan Amendment . . Temporary Sales Permit condltlo~al Usa Permit (CU?) . InteJ1m Use 'Pel11l1t (IUP) Vacation of R1ght-of-WQy/Easements ~AC) . . . Veri,a~ce (VAR) , . Wetland Alt"ration Permit. (WAP) .. Zoning Appeal .NOl'KOnforming Use Permit Planned Ui1lt Development- ". . . R~onlng , , . ' . . . ,~-': Zenina Ordinance Amendment.,; , " . Sign Permits. , , ., tl, . I.... Not11lcaUOn Sign -'$200 - (City to instan and remC\lo) . . . " I J.. .:. . ". :. ...". . ~ I . . . . , x Esc:row for Fliing Fee8lAttcmay Cost" . . SIte Plan Review (SPI~" , ',. . . ,. $50 CUPISP.RNACNAAJWAP!Meta & BOunds . .. .:,. ;,' ..:: ,. .' .. $450 Minor SUB .' 'V SUbdIVIS;OI'l" ~';'~(. P / 4l;t :' TOTAL. f~S $. , ;Z ~C> ~ ., . . I I An additional fei of $3.00 per addrau Within the pullllc hearing notlflcltlon area will be Invoiced to the applicant prlortothe.publlchelrlng.,' . ".' . " \'... .' . " '. , · ~ :. '.' . '. '. . , , SIgn Plan R8VIaw "Sixteen (16) full-slle foldod copIes of the plans must be submitted.lncfudlng an BYa" X.11" reduced copy for each pial') sheet along with a dIGital co~ in TIFF-Group 4 (..tlf) format --escrow will be required for other applications through 'the development contract. .' . I Building material samples must be submitted ~th site plan revlewa. NOTE: Whon multiple applications are procesBed, the appropriate fee ehall be charged for each appllcatfon. SCANNED 03/26/2007 10:03 FAX 406 995 3244 MTRE Co LODGE MAR-26-2007 MON 11:17 AM RESTWELL FACTO~Y 1~~:L~'LUj4bb laJ 001/002 r. UU.;1/ UUj PRoJECT NAME: -!leI/ Jr J/)Y'.s LOCATION; LJ~1 fJlUJ4! R tu~~ q, /AI 7f)"'14 5T~.e.t" LEGAL DESCRIPTION: Lpr L ~1'l~:2.----.J II/O'oI;L) "';!. /'mn-6;/"i1~ ! t:j -r A; d i7l'tn'l TOTAl-ACREAGE: IB~ 6 aCJJI"tf.,5 \NETLANOS PRESENT: V"' yes PRESl:NT ZONING: , f( 51 S i 1-kJ. tt T REQUESTED ZONING: S4>'i) e ~ r PRESENT LAND USE DESIGNATION: r~$/J ~./)'}'1"/ '^' r I~w ~lfn.sify REQUESTED LAND USE DESIGNATION: ~ e Rt:ASON FOR REQUEST; ri',n~J p47 r>f PM: '-;l')cJ ,1er7 te:iJ L~/~'t. 'of .5 ~t; 4T7'~'$71i>t~ ]=QA"J;f S NO ramJ '1y , , L ~eu/~tJ$ /7' t:Jfj?J?rtltIJ /?JM.llln /1IJ{f"1 Ii It)~ j as ~t /,:,~ ;~HJ This application muat be completed In full artd be'typewrftten or clearly pril"1tsd and must bl1 aec:ompanled by aU Information and plans re~lred by applicable City Ordinance l'I'Cl\'isions. BefoI'8 filing this application, you should oonfer with the Planning Department to dfltermine the spec:lfio ordinance aryd proc:aciural requirements applicable to your application. A determlnation of completClnea5 of the applicetion shell be made within 15 bus/ness days of applioatlon submittal. A wrlUon notice of application deficiencies shaU be maUed to the appUeant wtthln 15 tmlness days of spplfootlon. . ThIs Is to certlf1 that I am maklns application for the described actlen '0'1 the City and that I am responsible for complying WIth aU City r8CjU11'DlT18nts with regard to this request. Thle applloatlon ehcx.lld be processed in my nzune end I am Uie part)' WhOm the City should GOntac:t regarding any matter pertaining to this appllC8tloo. I have attached a copy of proof of ownership (either copy of owner'a Duplicate Cenlficete ofirtle, Ab5lrBct ofTrtle or purche15& agreement), or IllIrn the authorill:od person to make tills appncatfon and the l'e& owner has also ~lgnEta this applloath:m. I . I will keep myself Informed of the deadlines for submission of material and the progreus of this appllcatlon. I.further understand that addititmlSl fees may be charged for conaultlng fees, faaslbnlt)' studies, etc. with an estimate prior to Bny aulhorl%atJon Ie proceed with the study. The documents and Information I have submItted are true and correct to the best of /( ~ii ~ Slg pn~ )( ,r&t2aw. ~ J,b~7 SisnatUI'B of Fee OWl'lQr t ate ~r; ~~~ ~t ~~(~,O'~.' G:\pIJl.N\fOIll1t\J)ewIDpmenl Ravlew A;)pf.caSQn.DOC :1 l~"'1 / f.)3 I Date' Rs'f.12JD1l SCANNED .' Carlson Custom Homes, Inc. 1440 Bavarian Shores Drive Chaska, MN 55318 March 23, 2007 CITY OF CHANHASSEN RECEIVED Bob Generous City Planner City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 MAR 2 G 2007 Cft.~J ,~tiS~rJ PLArtN!UG D3'i Dear Mr. Generous: Attached is an application for Final Plat approval of Lot 1, Block 1 of Zimmerman Farms 1 st addition consisting of 8.8 acres and Lot 2, Block 1 of Zimmerman Farms 1 st addition consisting of 9.78 acres. This is the final plat for The Arbors on which the Preliminary Plat was previously approved by the City Council. This is ajoint application for subdivision involving two separate owners. The owner oflot 1, block 1 is Carlson Custom Homes, Inc. and the owners of lot 2, block 1 are Peter and Deanna Brandt, of 7570 Dogwood Road, Chanhassen, MN. The final plat limits Block 3 to one lot rather than 3 lots that were approved on the preliminary plat. The owner of this property may apply for a subdivision of Block 3 at a later date. Attached along with the plat is an Eaement Exhibit. This drawing graphically shows the existing pedestrian easement and Zimmerman Road which were requested for vacation with the preliminary plat. Please include a recommendation to the Council to complete the vacations of Zimmerman Road and document No. 117252. Please process this application at the earliest possible time. The Preliminary Plat was approved subject to the City approval of the Dogwood Road Project 06-06. This City Council ordered the plans and specifications to be prepared at their March 12, 2007 meeting and the final approval of the Dogwood Road project may not occur until June. We are requesting that the fmal plat be approved by the City Council as soon as possible but not released for filing until they have approved the Dogwood Road project. This request is made to allow us to start on development financing and preparation of bids for grading so that we can coordinate our development along with the Dogwood Road Project. We also request that the council approve a temporary easement across lot 3, Block 1 to allow the temporary use of the existing well and septic system for lot 4, block 1 until the city sanitary sewer and water is installed and approved. This easement will automatically terminate when the city sewer and water main for lot 4, block 1 is completed and connected. This should be documented in the developer's agreement. SCANNED .# i We expect that each home will take approximately one year from start of design to completion and occupancy permit. The city has asked us. to pay the assessments for Dogwood Road up front rather than on a spread assessment like the other properties on Dogwood Road. We agree to this but request that we be allowed to market the existing home and pull building permits for 3 of the new lots when the plat is released for filing and the developers agreement has been signed. We agree that no occupancy permits will be allowed on these homes until the sewer and water main on Dogwood are complete. This will allow us to start on the construction of one home for Bruce & Sherry Carlson and two model homes which we need to start as soon as possible. Please process this application as soon as possible so that we can plan our improvements to coincide with the Dogwood Road project being done by the City. ReSP;;Z;nllttZ7;/ration: Bruce Carlson, President of Carlson Custom Homes, Inc. and Arbors Development LLC. SCAtlNED .. ~ ~H h os", ~'" ll.-I: III ~~!; L p~ -= 9 s- 1 ""( JIl. o!~ 11 ~ll.i<I Pi: :ll h ~~ ~~ 1 ~ 9 II H lJ !r~ h ~ ~f ~ i:J f ~p ~ gi ~ 01 ~ r O"~ p~ - ~g ~~'" ..11: ll.9~ f:~ ,i'-< Pi'''' ..o~ .9~ ,,!~ i~ H ~~ Ii ~: H ~ : ~ .. f~ H '1K.:'6 H U Pi: l~ ;1 :l !~ l~ ;r H ~9 f l J ,,'" 9 t if ".. ~ ~ I i" w"l ,I h1 If ~!: ~8 hI ., .. . I!> "if.. .. 9" r .i a! ~~ ~i{ ll.S h9 l i~;: I 9H :s 'X t : la a 9 Ii: I h ~ l~ ..1 [9 "1 l~ I; ~~ ~ i! r 9t i ,,~ l a9 ~ 9" ... 0 9 ~ ~ I 8 J ~ ~ ~~ 'il'il I i! it tl '1 iJ if ~! ~ I r ~ o~ '~ ~w ~I n r ,.. p o ~ I ~~ i$ Ii f i ;< r .. ~r I ~ ~ 1 H " l ~ ~ ,. ~I Ii " i f i l ~ f ~ ~ ,. 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I I I~ Ii! ~! f ! ~~ j~ I~ H .! ~q ~, ;~L" f ....,;:~:: ~..;;. v:".;:;. -,,:::::-:. \llHS\lM3NNIVl 3)1\11 -...... w i-- ~ I I I ~ ~~- I~ ~ ifj: f I- " ~ 1:- ~ I i i ~ ~ SITE LANDSCAPE PLAN ~ 0 i~ ,= ~ ~ I !tt ::0 I'" ~ The Arbor ~~ ~I i ~ :t I~ r- I if Chanhassen, MN !!i ! liIi """" 1:1 s- a i~ 2 ~ . ~ / CONSERVATION EASEMENT INSTRUMENT, made this _ day of April, 2007 by and between CARLSON CUSTOM HOMES, INC., A Minnesota corporation hereinafter referred to as "Grantor", and the CITY OF CHANHASSEN, a Minnesota municipal corporation, ("City"). WI1NESSETH: The Grantor, in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, grants unto the City a permanent conservation easement for the purposes set forth in this instrument, over, under, and across the premises described in the attached Conservation Easement Exhibit, ("subject property"). 1. Grantor, its heirs, successors, and assigns, agree that the following are prohibited in perpetuity on the subject property: A. Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, clothes line poles, and playground equipment. B. Cutting, removing, or altering trees or other vegetation, except for noxious weed control by or as directed by a governmental agency. C. Excavating or filling. D. Application of fertilizers, whether natural or chemical. E. Application of chemicals for the destruction or retardation of vegetation. F. The deposit of waste, yard waste, or debris. G. The application of herbicides, pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. H. Outside storage of any kind. I. Activity detrimental to the preservation of the scenic beauty, vegetation and wildlife. 2. The Grantor, its heirs, successors, and assigns, agree that the following is permitted in perpetuity on the subject property: A. Preservation improving and planting native trees, vegetation and natural habitat. B. The entrance upon the subject property at any time by the city official appointed to enforce compliance with the terms of this easement. GRANTOR: CARLSON CUSTOM HOMES, INC. By: Bruce Carlson, its president CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor BY: (SEAL) Todd Gerhardt, City Manager STATE OF MINNESOTA COUNTY OF ) (ss. ) The foregoing instrument was acknowledged before me this _ day of , 2007 by NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this _ day of , 2007, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City ofChanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 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" ... ... o o '" '" C Community Development Committee I 2007 -81 Meeting date: April 16, 2007 ADVISORY INFORMATION Date March 28, 2007 Subject City of Chanhassen- Comprehensive Plan Amendment - The Arbors Review File No. 16500-15 Districts, Members Metropolitan Council District 4, Jules Smith (952-361-9988) Prepared by Jim Uttley, Principal Reviewer (651-602-1361) Phyllis Hanson, Manager Local Planning Assistance (651-602-1566) Division/Department Community Development/Local Planning Assistance BACKGROUND . The City of Chanhassen is located in eastern Carver County. . The City's 2020 Comprehensive Plan was reviewed and accepted by the Council on June 9, 1999, review number 16500-4. . The Council's 2030 Regional Development Framework (RDF) identifies Chanhassen as a "developing community." . As a developing community, Chanhassen should plan and stage development that accommodates the forecasts for local growth through 2030 at net densities of 3-5 units plus per acre. . In 2000, the City had 20,321 residents in 6,914 households and 8,501 jobs. By 2030, the City is expected to have 38,000 residents in 14,800 households, and 15,600 jobs. . The City is connected to the Metropolitan Disposal System (MDS) with treatment occurring at the Blue Lake Wastewater Treatment Plant. REQUEST SUMMARY The City of Chanhassen submitted a comprehensive plan amendment (CPA) to change land use for 2.77 acres of land adjacent to Lake Minnewashta from Large Lot Residential (unsewered) to Residential - Low Density (1.2-4 units per net acre, sewered) to allow the division of the property into 3 lots. The land is within the Metropolitan Urban Service Area (MUSA). PROPOSED ACTION Allow the City of Chanhassen to put "The Arbors" comprehensive plan amendment into effect. ISSUES 1. Does the proposed CPA change the Council's forecasts? 2. Does the City of Chanhassen need to fulfill any requirements previously identified by the Council? 3. Does the proposed CPA conform to regional systems? Is it consistent with Council policy? Is it compatible with adjacent community plans? I ISSUE ANALYSIS AND FINDINGS 1. Land Use (Jim Uttley, Planning Analyst, 651-602-1361) Chanhassen's 2020 Comprehensive Plan was reviewed by the Council on June 9, 1999. It proposed 4,611 gross acres of MUSA expansion to 2020 at an overall net density of 3.1 units per acre. The 2.77 acres of land included in "The Arbors" CPA was planned to remain Large Lot Residential even though it was included in the City's 2000 MUSA in the City's 2020 Comprehensive Plan. The remainder of "The Arbors" proposed subdivision (not subject to this CPA review) was included in the MUSA and was planned as Residential- Low Density. (see Figure 2: area "A") Chanhassen participates in the Council's Plat Monitoring Program. Between 2000 and 2006, the City platted 346 net acres adding 1,409 dwelling units for an overall net density of 4.27 units per acre. There are three lots covered by this CPA. The northern most lot contains an existing single-family house and is 133 feet wide, which was needed to accommodate the layout of the existing building and driveway. The two other lots are 90 feet wide. All of the lots are approximately 375 feet deep stretching between Lake Minnewashta to the west and Dogwood Road to the east. The three lots have a net developable area of 2.16 acres and a net density of 1.4 units per acre. See Table 1 below. If the proposed CPA is allowed to be put into effect, the City's 2000-2006 overall net density of 4.3 units per acre will not be impacted. The three lots are required to be oversized because of the Shoreland Overlay Zone (SOZ) required by the Minnesota Department of Natural Resources. It requires a minimum of 90-foot lot widths on lakes, like Lake Minnewashta, and a 75-foot setback from the lake. The three lots also have wetlands located just east of the lake shore. The City's ordinance requires a 60-75-foot buffer for wetlands. Table 1: Residential Land Use and Density Analysis - Chanhassen Units Net Acres Density (units/acre) A. Comp Plan Update 2000-2020* 7,000 4,611 (gross) 3.1 B. Developed 2000- 2006** 1 ,4 79 346 4.3 C. "The Arbors" CPA 3 2.16 1.4 Subtotal B & C 1,482 348.16 4.3 2. Regional and Local Wastewater Systems (Roger Janzig, Senior Planner, Engineering and Planning, MCES, 651-602-1119) The Metropolitan Disposal System that provides service to this project location has adequate capacity. 3. Inflow and Infiltration (1&1) (Roger Janzig, Senior Planner, Engineering and Planning, MCES, 651- 602-1119) Chanhassen has been identified as a community with excessive peak hourly flow during wet weather occurrences. As such the community has an identified 1/1 reduction goal that applies to a specific part(s) of the community or to the community as a whole. The community will need to include a description of it's 1/1 program in its 2008 Comprehensive plan update. 4. Previous Council Actions and Negotiations Fulfilled (Jim Uttley, Planning Analyst, 651-602- 1361 ) Since the Council's review of the Chanhassen Comprehensive Plan in 1999, the Council has reviewed 14 plan amendments and allowed them to be put into effect without modification. No regional system issues were identified in those reviews. There are no pending issues. 5. Consistency with the Council's 2030 Forecasts The City's forecasts are consistent with the Council's forecasts. The CPA will not change the City's forecasts. 6. Parks & Open Space System Plan, Stormwater Management Plans, and Natural Resource Protection "The Arbors" CPA does not impact the Regional Parks System. 7. Transportation The CPA does not impact the Regional Transportation System. 8. Water Resources Management Surface Water Manaqement Surface water in the City of Chanhassen is managed by the Carver County Watershed Management Organization, and the Lower Minnesota River and Riley-Purgatory Bluff Creek Watershed Districts. The Carver County watershed plan was approved by the Board of Water and Soil Resources (BWSR) in 2001. The Lower Minnesota River and Riley-Purgatory Bluff Creek watershed plans were approved by BWSR in 1999 and 1997 respectively. Chanhassen updated its plan in the spring of 2006. Water Supplv Chanhassen's 2006 Water Supply and Emergency and Conservation Plan update has been reviewed by Council staff and comments sent to the City and DNR. OVERVIEW Conformity with The CPA conforms to the Regional System Plans for Aviation, Parks and Regional Systems Transportation and Wastewater Services. Consistency with The CPA is consistent with the Council's 2030 Regional Development Council Policy Framework, forecasts and water resources management. This CPA does not change the City's 2010, 2020 or 2030 forecasts. Compatibility with The amendment will have no impact on adjacent communities. Adjacent Community Plans ATTACHMENTS Figure 1 - Location and Regional Systems Map Figure 2 -- Existing and Proposed Comp Plan - Land Use Maps V:\REVIEWS\Communities\Chanhassen\Reports\Chanhassen 2007 CPA The Arbors 16500-15.doc Figure 1. location Map, Showing Regional Systems, the Arbors of Chanhassen Project Site and Plan Amendment Area, City of Chanhassen '- ~'l ...r '\ ~ " I I -~- '1- I -t -+_ h lrT =r '-c -{~ S'~. ~JI "~ i ..., ~ .II .. .11 i r- r l- L 'f 1ft -; L l- ~. ,. f- ~ -h-+ - -i of. t. '" -~ +- I ---1 +- ~ ~ ~.,>' -..~ I- A~ -}~ ~:-tt. Acl~"" -I'" w- I : _~ I ./ _I \ "i r J.d 1. Laketown Twp_,'~ ..., "', r . ....>:..-/ ~..,.~'~~, u t'"'' T..l..t.,'r-.=- ,..P' .L-...; ~. \ '". ..4 ''lI!, t: . , .... ~ .l..f "t" ~ ! I ,;1-/ ~~ -t-- -=1 . ~ ~..~. ' II _'1- "~t -, 117- - -ri~- """. l~~lj.j~' J . .b-J.~ t _ ~12' - II ,lll,. -- Jackson"Twp. . a Va l~rState Recreation -. l-o I ~..., r ; '11 1 I ....,.......~ _l rt _.iiJ:i::o '.1 -~'t- ~....".~ ~. I [ t..~ ........~- - J f\' .--.l .t" .~".'!If.~. .. .- ..... _,..r' I.;.f-J Ji ". : - - - i....-L-- . r IL ~ ..; -i' . : -\ -, -1.-. l~ 1:.... -J. l+t ~.j h' ~. ~ .,-+ II [ -, l. · W' . ....'C hanhassen ",. [ .... ,1,.'""':11".. - ""'"fi' r-,.. )) ,;Jr. ...;r J I \- L " t; ~, -' ChaskaJ ~ - i-~ q- , t-1"~ l-_ I 1 Eden Prairie T , ~, ---'- \ L '4 f' -j.. J.::,~ I- l ....._. ]1- 13', ." - t, M;n~s6t\ Vall . - ...t II ~..=-!..v.....,. ;~. 212 ,~ ""~-t ~~ ;-~1"l"::-~ ,_ ....,';t'Sht~Opee-r '-+---i ~ ,-~ - I oJ: ,.:I. - I~- 1 ,-...1-0. . -,~" 0.5 0.25 0 ~- 0.' u 2.5 Mil,as, Regional Systems Recreation Open Space _ Park Reserve _ Regional Park _ Special Recreation Feature Wastewater Services Inlerceplors c::J Treatment Plants t$..:~"'.""" :\~ ~~ (",,\ - .'- "..IM":-..~-; ~. . , .' , . ". .Iff!' Photo Source: Markhurd (2005) Regional and State Trails Regional Existing ~ Regional Planned .-...... Regional Proposed Slale Existing Transportation _ Inlerstates US Highways Slate Highways County Roads Figure 2. Existing and Proposed Land ~ Residential Large Lot o Residential Low Density ~ Residential - Medium Density o The Arbors of Chanhassen Existing Land Use . Parks/Open Space . Public/Semi-Public Proposed Land Use o Residential Large Lot o Residential Low Density ~ Residential - Medium Density o The Arbors of Chanhassen . . Parks/Open Space Public/Semi-Public - '. , ..,: ........:... .f~ ~ 'tor.; ~ l ~ ~ J :;;;:} .f~ 'tor.; ~ l ~ ~ J