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CAS-42_ORCHARD GREEN - 2611 & 2621 ORCHARD LANEAdministration Dear Mr. Knaeble: Phone: 952 227.1100 March 13, 2006 MYOF Peter Knaeble CHANHASSEN 6001 Glenwood Avenue Building Inspections Minneapolis, MN 55422 7700 Market Boulevard familylots as shown on the plat stamped 'Received Jan ' P P� January 23, 2006 and PC Bos 147 Chanhassen, MN 55317 Re: Orchard Green —Planning Case No. 05112 Administration Dear Mr. Knaeble: Phone: 952 227.1100 Fax 95M7.1110 This letter is to formally notify you that on February 13, 2006, the City Council Building Inspections approved the final plat for Planning Case 05-42, Orchard Green, for four single - Phone: 952.227.1180 familylots as shown on the plat stamped 'Received Jan ' P P� January 23, 2006 and Fax: 952.227.1190 construction plans stamped 'Received January 26, 2006', subject to the following Engineering conditions: Phone: 952.227.1160 Fax: 952.227.1170 1. Applicant shall submit a landscaping plan showing 19 trees as replacement Finance plantings. Plan shall specify size, species, and locations. Phone: 952.227.1140 Fax: 952.227.1110 2 All areas outside of grading limits shall be protected by tree preservation Park a Recreation fencing. Fencing shall be installed prior to grading and excavation for homes Phone: 952.227.1120 on each lot. Any trees shown as preserved that are removed or damaged shall Fax: 952227.1110 be replaced at a rate of 2:1 diameter inches. Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 3. The water and sanitary hook-ups for lot 2 must be moved to the driveway in Fax: 952.227.1404 order to preserve the 12" maple. Planning & Natural Resources 4. The developer must obtain all permits necessary to remove the existing Phone: 952.227.1130 homes. Fax: 952.227.1110 Public woras 5. The grading plan must be revised as follows: 1591 Park Road Phone: 952.227.1300 a. All proposed contours must tie in to existing contours, particularly the Fax 952227.1310 992', 990' and 988' contours on the west side of Lot 1; and the 996', 994' Senior Center and 992' contours on the east side of Lot 3. Phone: 952.227.1125 Fax: 952.227.1110 b. Staff recommends that the low floor elevations for Lots 1 and 2 be Web site lowered one foot to achieve an 8 foot walkout. Staff recommends that www.d.chanhassen.mn.us steps be installed in the garage on Lots 3 and 4 to achieve an 8 foot walkout. c. A drainage breakpoint elevation must be shown northeast of the building pad corner on Lot 3. 6. Any proposed retaining wall over four feet high requires a building permit and must be designed by a Professional Engineer registered in the State of Minnesota. SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. Mr. Peter Knaeble Orchard Green March 13, 2006 Page 2 0 0 7. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. The developer must acquire a Work in Right of Way Permit from the Engineering Department before commencing work in the right of way and shall submit a financial security to ensure that Orchard Lane and Forest Avenue are properly restored after the services have been installed. 9. Detailed grading, drainage, tree removal and erosion control plans must be submitted with the building permit for each lot. 10. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA and the Watershed District. 11. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type Of Slope Time (maximum time an area can remain unvegetated when area is not actively worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days 12. 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. 13. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed 14. The plans shall be revised to show the location(s) of the rock construction entrance(s). 15. Based on the proposed developed area of approximately 2.02 acres, the water quality fees associated with this project are $3,232; the water quantity fees are approximately $5,858. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $9,090. 16. In the absence of parkland dedication, it is recommended that Orchard Green pay full park dedication fees at the rate in force upon final platting. At today's rate, these fees would total $23,200 (4 lots x $5,800). IT The developer shall install lateral sanitary sewer to the east property line. The cost to complete this work is the developer's responsibility. 0 Mr. Peter Knaeble Orchard Green March 13, 2006 Page 3 18. The developer shall pay the $10,544.00 lateral water connection charge with the final plat. 19. The first two building permits issued for this development will be charged the trunk sanitary sewer and water hook up charges and the $1,575.00 SAC fee. 20. Demolition permits must be obtained before demolishing any existing structures. 21. Provide a cleanout on the sewer service for Lot 3. 22. The site must be mass -graded. The developer must post a security for this work with the final plat. 23. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. In order to record the final plat for Orchard Green, the City requires the following items: • Signed and notarized copy of the development contract • Letter of credit • Cash fees • Owner Consent to Plat (if applicable) • Lien Holders Consent to Plat (if applicable) • Title commitment • Two full-size mylars of the final plat and signature sheet, signed and notarized • Two 1" = 200' scale mylar reductions of the final plat • One 1" = 200' scale mylar reductions of the final plat (with street names and lot and block numbers only) • Digital copy of the final plat in .dxf and .tif formats (.pdf compatible) in County coordinates • Verification that the ingress/egress easement has been vacated (as recommended by the City Attorney) The City Attorney's office will record all the documents with Carver County. Please contact me if you have any questions at 952-227-1132 or imetzer@ci.chanhassen.mn.us. WMetze;rely, c: Alyson Fauske, Assistant City Engineer Steve Torell, Building Official 9:\plan\2005 planning cases\0542 Achard gre \final plat approval letter.dm Administration Phone: 952.227.1100 Re: Orchard Green Cash Escrow Release - Project No. 06-04 Fax: 952.227.1110 Building Inspections Phone: 952,227 1180 Fax: 952.2271190 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.b.chanhassen.mn.us Dear Mr. Knaeble: As requested, the City has approved the release of the remaining $4,000 security escrow for the above -referenced project. You should receive a check in the next week to 10 days. If you have any questions, feel free to contact me at 952-227-1166 or by email at gstauff @ci.chanhassen.mn.us. Sincerely, Lai 1M101060/"MVT.Y. i Gordy Stauff Engineering Technician N - Construction Manager GS Js c: Paul Oehme, Dir. of Public Works/City Engineer Alyson Fauske, Assistant City Engineer Bob Generous, Senior Planner Development Contract File gAeng\.pmjects\k-oxorchard gr n\cash escrow mime.dim The City of Chanhassen . A growing community with clean lakes, quality schools, a chaffing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. December 7, 2006 CITY OF CIIANIIASSEN 7700 Market Boulevard Peter J. Knaeble PO Box 147 6001 Glenwood Avenue Chanhassen, MN 55317 Minneapolis, MN 55422 Administration Phone: 952.227.1100 Re: Orchard Green Cash Escrow Release - Project No. 06-04 Fax: 952.227.1110 Building Inspections Phone: 952,227 1180 Fax: 952.2271190 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.b.chanhassen.mn.us Dear Mr. Knaeble: As requested, the City has approved the release of the remaining $4,000 security escrow for the above -referenced project. You should receive a check in the next week to 10 days. If you have any questions, feel free to contact me at 952-227-1166 or by email at gstauff @ci.chanhassen.mn.us. Sincerely, Lai 1M101060/"MVT.Y. i Gordy Stauff Engineering Technician N - Construction Manager GS Js c: Paul Oehme, Dir. of Public Works/City Engineer Alyson Fauske, Assistant City Engineer Bob Generous, Senior Planner Development Contract File gAeng\.pmjects\k-oxorchard gr n\cash escrow mime.dim The City of Chanhassen . A growing community with clean lakes, quality schools, a chaffing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Building Inspections EXECUTIVE SUMMARY to -a Fax. 952.227.1190 •^/' 1 Engineering MEMORANDUM Phone: 952.227.1160 TO: Todd Gerhardt, City Manager CITY OF FROM: Josh Metzer, Planner I CHM NSEN Fax 952.2271110 City Council approval requires a simple majority of City Council present. DATE: January 9, 2006 7700 Market Boulevard PLANNING COMMISSION SUMMARY Fax: 952.227.1110 PO Box 147 SUBJ: ORCHARD GREEN: Preliminary Plat to Subdivide a 2.02 Chanhassen, MN 55317 proposed Preliminary Plat. The Planning Commission voted 5 to 0 to approve the acre parcel into four (4) Single Family Lots —Planning Case Administration Fax: 952.227.1404 No. 05-42 Phone: 952 227 property line dispute between his property and the subject property to be subdivided. Planning & Fax 952.227.1110 Natural Resources Phone: 952.227.1130 subject property's ability to be subdivided as proposed. This is a civil matter Building Inspections EXECUTIVE SUMMARY Phone: 952.2271180 Fax. 952.227.1190 Request for Preliminary Plat approval to subdivide a 2.02 acre parcel into four Engineering (4) single family lots — Orchard Green. The site is zoned Residential Single Phone: 952.227.1160 Family District (RSF). Fax: 952 227.1170 Finance ACTION REQUIRED Phone, 952227.1140 Fax 952.2271110 City Council approval requires a simple majority of City Council present. Park & Recreation Phone: 952 227.1120 PLANNING COMMISSION SUMMARY Fax: 952.227.1110 Recreation center The Planning Commission held a public hearing on December 6, 2005, to review the 2318 Courter 22711400 proposed Preliminary Plat. The Planning Commission voted 5 to 0 to approve the Phone: 952.227.1400 Fax: 952.227.1404 proposed request. At this meeting, a neighboring property owner stated there was a property line dispute between his property and the subject property to be subdivided. Planning & The disputed area is small enough in area that it will not significantly impact the Natural Resources Phone: 952.227.1130 subject property's ability to be subdivided as proposed. This is a civil matter Fax: 952.227.1110 between the two property owners and the issue must be resolved before recording of plat documents. The summary and verbatim minutes are item 2a in this packet. Public Works 1591 Park Road Phone: 952.227.1300 RECOMMENDATION Fax: 952.227.1310 Senior center Staff and the Planning Commission recommend adoption of the motion approving Phone: 952.227.1125 the preliminary plat as specified in the staff report dated January 9, 2006. Fax. 957 2271110 Web site ATTACHMENTS www.u.chanhassennn.us 1. Planning Commission Staff Report dated December 6, 2005. gAplanx2005 planning cases\0542 orchard green\executive summary -preliminary plat.doc SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a champing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. n l.J CITY OF CHANHASSEN STAFF REPORT PC D40: December 6, 2005 [4] CC DATE: January 9, 2006 REVIEW DEADLINE: January 3, 2006 CASE #: 05-42 BY: JM, LH, JS, AM, TH, ST PROPOSAL: Preliminary Plat to subdivide two lots with an area of 2.02 acres into four (4) single-family lots on property zoned Single Family Residential (RSF) — ORCHARD GREEN LOCATION: 2611 & 2621 Orchard Lane Excelsior, MN 55331 APPLICANT: Peter Knaeble 6001 Glenwood Avenue Golden Valley, MN 55422 PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential Low Density (Net Density 1.2 — 4.0 units per acre) ACREAGE: 2.02 acres DENSITY: 1.98 Units per Acre Gross & Net SUMMARY OF REQUEST: Subdivision of two lots with an area of 2.02 acres into 4 single- family lots on property zoned Single Family Residential (RSF). Staff is recommending approval of the request. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. Planning Cremonis Citylouncil Orchard Green -Planning Case No. 05-42 Deeember 6, 2005 January 9, 2006 Page 2 PROPOSAL/SUMMARY The applicant is proposing to subdivide two lots with an area of 2.02 acres into 4 single-family lots. These two existing lots shall be referred to collectively as "the property" for the remainder of this report. The subject property is located south of Orchard Lane and east of Forest Avenue. The property is zoned Single Family Residential (RSF). There are two existing single-family homes located on the property that will be demolished. 1/1�111�111�111�111�111 �111�111�111�111�111i111i111M#nMilln"IMMMU10111 State Hwy 7 Orchard Lase Orchard Lane 0 stq �e N t� �O newashta e Subject Property Planning C-eflinfis Cityyfouncil • Orchard Green -Planning Case No. 05-42 December- 2005 January 9, 2006 Page 3 PRELINIINARY PLAT The applicant is proposing to subdivide a 2.02 acre property; the gross and net density of the lots is 1.98 units per acre. All four proposed lots exceed the minimum lot area requirement of 15,000 square feet for the RSF District. The average lot size for Orchard Green is 22,058 square feet. The plans show a hard surface coverage of approximately 16,304 square feet which constitutes 18.48%. These calculations were determined by calculating the area of the four driveways shown on the preliminary plat and adding those totals to the four estimated building pad totals. The average size of a building pad in Chanhassen today is 2,226 square feet. This number was determined through a sample survey of new construction homes. All four proposed lots meet the minimum width and depth requirements of the Zoning Ordinance. There are two existing homes on the subject property that will be demolished. Access to proposed Lots 1-3 will be gained via Orchard Lane. Access to Lot 4 will be gained via Forest Avenue. Staff notes that the proposal is consistent with the Comprehensive Plan in that it is developing with single-family homes and is generally consistent with the Zoning Ordinance. WETLANDS No wetlands exist on site. EROSION AND SEDIMENT CONTROL Erosion control blanket should be installed on all slopes greater than or equal to 3:1. All exposed soil areas should have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (maximum time an area can remain unvegetated when area is not actively being worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days Street cleaning of soil tracked onto public streets should include daily street scraping and street sweeping as needed. Rock construction entrances are not currently illustrated on plans. The plans should be revised to show the location(s) of the rock construction entrance(s). EASEMENTS In 2005, the City of Chanhassen became aware of an area in the southeast corner of Lot 4, Block 1 that currently ponds during rain events and drains to the southeast through 2600 Forest Avenue Co Manning Commis City • uncil Orchard Green -Planning Case No. 05-42 December- 2005 January 9, 2006 Page 4 (Dragseth Property). In order to accommodate the standing water, the plans should be revised to expand the drainage and utility easement in a straight line from the point where the 978 elevation intersects the east lot line of Lot 4, Block 1, to where the 978 elevation intersects the 20' sanitary sewer easement at the southern edge of Lot 4, Block 1. When and/or if adjacent properties develop, it is intended that this easement provide some land for future storm water ponding in the southeast corner of the site. Standard drainage & utility easements shall be dedicated in all other locations on the final plat. SURFACE WATER MANAGEMENT FEES Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $1,093/acre. Based on the proposed developed area of approximately 2.02 acres, the water quality fees associated with this project are $2,208. Water Quantity Fees The Surface Water Management Plan (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 $2,705 per developable acre. This results in a water quantity fee of approximately $5,464 for the proposed development. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $7,672. GRADING, DRAINAGE & EROSION CONTROL The 2.02 -acre site currently has two single-family homes on moderate slopes that are sparsely wooded. The existing houses and driveways will be removed and four new homes are proposed to be constructed. The high point of the site is where the home on 2611 Orchard Lane lies. The proposed grading generally maintains the existing drainage pattern. The low area on the southeast comer of the site has held runoff for a period of time after significant rainfall events; therefore, staff recommends that the developer plat a drainage and utility easement along the 978' contour. The grading plan must be revised as follows: a) All proposed contours must tie in to existing contours, particularly the 992', 990' and 988' contours on the west side of Lot 1; and the 996', 994' and 992' contours on the east side of Lot 3. Manning Geninfis City ouncil uncil Orchard Green -Planning Case No. 05-42 Peeember- 2005 January 9, 2006 Page 5 b) Staff recommends that the low floor elevations for Lots 1 and 2 be lowered one foot to achieve an 8 -foot walkout. Staff recommends that steps be installed in the garage on Lots 3 and 4 to achieve an 8 -foot walkout. c) A drainage breakpoint elevation must be shown northeast of the building pad comer on Lot 3. Hydrology calculations must be submitted and shall include pre- and post -development volume and peak discharge rates for the 2, 10 and 100 -year rainfall events. The plan does not identify any retaining walls. Any proposed retaining wall over four feet high requires a building permit and must be designed by a Professional Engineer registered in the State of Minnesota. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. UTILITIES There are three existing water services and two existing sanitary sewer services to the site. The water service for Lot 4 must be extended from the lateral watermain within Forest Avenue, not the 6 -inch hydrant lead. The developer must acquire a Work in Right -of -Way Permit from the Engineering Department before commencing work in the right-of-way and shall submit a financial security to ensure that Orchard Lane and Forest Avenue are properly restored after the services have been installed. According to the City's Finance Department records, each parent parcel was assessed for one sanitary sewer and watermain service; therefore, the lateral connection fee and trunk hook-up fee for sanitary sewer and water must be paid for two parcels. Based on the 2005 rates, these fees are calculated as follow: [$2,955.00/unit + $1,458.00/unit+ $5,118.00/unit+ $5,118.00/unit] x 2 units = $29,298.00 Trunk Water Trunk Sewer Lateral Water Lateral Sewer Hookup Charge Hookup Charge Connection Charge Connection Charge The developer shall pay these fees in cash with the final plat or assess them to the lots within the proposed development. The lateral connection charges can be assessed at 8% for 8 years. The trunk hookup charges can be assessed at 8% for 4 years. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA and the Watershed District. Manning C.._...: _ Cityfouncil • Orchard Green -Planning Case No. 05-42 Deeember 2005 January 9, 2006 Page 6 STREETS Orchard Lane and Forest Avenue are local streets within a 60 -foot wide right-of-way. The paved width of Orchard Lane is 22 feet and 24 feet on Forest Avenue. There are no street improvements associated with this project. PARKS The property is situated directly north of Herman Field Park. This neighborhood park, developed in the early 1990's, features a playground, open play fields, nature areas, an informal trail access to Minnewashta Regional Park, and a vehicle parking lot. Access to the park from the four new homes will be very convenient. No additional parkland acquisition or dedication is recommended as a condition of this subdivision request. TRAILS This property does not abut any city trail sections. The nearest trail is located to the north and west of the property adjacent to State Highway 7. Residents occupying the new homes can access this trail by traveling on Orchard Lane to North Manor. In the absence of parkland dedication, it is recommended that Orchard Green pay full park dedication fees at the rate in force upon final platting. At today's rate, these fees would total $16,000 (4 lots x $4,000). TREE PRESERVATION/LANDSCAPING Tree canopy coverage and preservation calculations for the Orchard Green development are as follows: Total upland area (including outlots) 2.02 ac or 87,991 SF Total canopy area (excluding wetlands) .65 ac or 28,314 SF Baseline canopy coverage 32% Minimum canopy coverage allowed 30% or .6 ac. Proposed tree preservation 10% or .2 ac. Developer does not meet minimum canopy coverage allowed, therefore the difference is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage 17,424 SF Multiplier 1.2 Total replacement 20,909 SF Total number of trees to be planted 19 trees A replacement planting plan must be submitted to the city for approval. Included in the plan shall be location, species and size of replacements. All replacements must meet minimum size requirements. D7, ft"ing''e..,mis-�ien City • Orchard Green -Planning Case No. 05-42 DeeembeF�, 2005 January 9, 2006 Page 7 Increased tree preservation in the rear yards of lots 2 and 3 could be achieved by sighting the homes at the 30 -foot front yard setback instead of pushing them farther to the back of the lots as shown on the plans. COMPLIANCE WITH ORDINANCE — RSF DISTRICT The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and zoning ordinance. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with all applicable city, county and regional plans including the city's comprehensive plan and subdivision ordinance. 3. The physical characteristics of the site, including but not limited to the topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions of specified in this report. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Lot Area Lot Fronta a Lot Depth Proposed Site Coverage Maximum Site Coverage Setbacks Ordinance 15,000 ft2 90' 125' 25% 30' front/rear 10' sides Lot 1 20,981 ft2 94' 221' 3,726 (17.76%) 5,245 30730710' Lot 2 19,931 ft2 93' 216' 4,026 (20.2%) 4,982 30'/30'/10' Lot 3 20,694 ft2 92' 224' 4,226 (20.42%) 5,173 30'/30'/10' Lot 4 26,627 ft2 100' 255' 4,326 (16.25%) 6,656 30730710' Total 88,233 ft2 16,304 (18.48%) 22,058 The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and zoning ordinance. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with all applicable city, county and regional plans including the city's comprehensive plan and subdivision ordinance. 3. The physical characteristics of the site, including but not limited to the topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions of specified in this report. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Planning GOMM& Ciryfouneit Orchard Green -Planning Case No. 05-42 Deeember- 2005 January 9, 2006 Page 8 Finding: The proposed subdivision is served by adequate urban infrastructure. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record; Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. RECOMMENDATION Staff and the Planning Commission recommend the Planning Cawwp4ss City Council adopt the following motion: "The City Council approves the preliminary plat for Planning Case 05-42, Orchard Green, for 4 single-family lots as shown on the plans prepared by Terra Engineering, Inc. and stamped "Received November 4, 2005", subject to the following conditions: 1. Applicant shall submit a landscaping plan showing 19 trees as replacement plantings. Plan shall specify size, species, and locations. 2. All areas outside of grading limits shall be protected by tree preservation fencing. Fencing shall be installed prior to grading and excavation for homes on each lot. Any trees shown as preserved that are removed or damaged shall be replaced at a rate of 2:1 diameter inches. 3. The water and sanitary hook-ups for lot 2 must be moved to the driveway in order to preserve the 12" maple. 4. The developer must obtain all permits necessary to remove the existing homes. Xammin.. G_..._. issi.._ C' • until Orchard Green -Planning Case No. 0542 Deeember-6, 2005 January 9, 2006 Page 9 5. The grading plan must be revised as follows: a. All proposed contours must tie in to existing contours, particularly the 992', 990' and 988' contours on the west side of Lot 1; and the 996', 994' and 992' contours on the east side of Lot 3. b. Staff recommends that the low floor elevations for Lots 1 and 2 be lowered one foot to achieve an 8 foot walkout. Staff recommends that steps be installed in the garage on Lots 3 and 4 to achieve an 8 foot walkout. c. A drainage breakpoint elevation must be shown northeast of the building pad comer on Lot 3. 6. Hydrology calculations must be submitted and shall include pre- and post -development volume and peak discharge rates for the 2, 10 and 100 year rainfall events. 7. Any proposed retaining wall over four feet high requires a building permit and must be designed by a Professional Engineer registered in the State of Minnesota. 8. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 9. The developer must acquire a Work in Right of Way Permit from the Engineering Department before commencing work in the right of way and shall submit a financial security to ensure that Orchard Lane and Forest Avenue are properly restored after the services have been installed. 10. The developer shall pay the $29,298.00 trunk and lateral water and sewer fees in cash with the final plat or assess them to the lots within the proposed development. The lateral connection charges can be assessed at 8% for 8 years. The trunk hookup charges can be assessed at 8% for 4 years. 11. Detailed grading, drainage, tree removal and erosion control plans must be submitted with the building permit for each lot. 12. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA and the Watershed District. 13. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (maximum time an area can remain unveg )fated when area is not active) bei worked Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days Planning Ge"Unis-sion Cityyfouncil Orchard Green -Planning Case No. 05-42 Deeember 2005 January 9, 2006 Page 10 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. 14. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 15. The plans shall be revised to show the location(s) of the rock construction entrance(s). 16. The plans shall be revised to expand the drainage and utility easement in a straight line from the point where the 978 elevation intersects the east lot line of Lot 4, Block 1, to where the 978 elevation intersects the 20' sanitary sewer easement at the southern edge of Lot 4, Block 1. Standard drainage & utility easements shall be dedicated in all other locations. 17. Based on the proposed developed area of approximately 2.02 acres, the water quality fees associated with this project are $2,208; the water quantity fees are approximately $5,464. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $7,672. 18. In the absence of parkland dedication, it is recommended that Orchard Green pay full park dedication fees at the rate in force upon final platting. At today's rate, these fees would total $16,000 (4 lots x $4,000). 19. Demolition permits must be obtained before demolishing any existing structures. 20. Provide a cleanout on the sewer service for Lot 3. 21. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Public Hearing Notice and Affidavit of Mailing. 4. Surveys stamped "Received November 4,2005". 5. Preliminary Plat documents stamped "Received November 4,2005". g:\plan\2005 planning cas \05d2 orchard g Nstaff report- update.doc 0 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NHNNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Orchard Green — Planning Case 05-42 On December 6, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of a Preliminary Plat to subdivide a 2.02 Acre Lot into Four (4) single-family Lots, Orchard Green. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is currently zoned RSF, Single -Family Residential. 2. The property is guided in the Land Use Plan for Residential — Low Density (1.2 — 4.0 units per net acre). 3. The legal description of the property is: Attached as Exhibit A. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a) The proposed subdivision is consistent with the zoning ordinance; b) The proposed subdivision is consistent with all applicable city, county and regional plans including the city's comprehensive plan and subdivision ordinance; C) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; 0 • d) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e) The proposed subdivision will not cause environmental damage; f) The proposed subdivision will not conflict with easements of record; and g) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1. Lack of adequate storm water drainage. 2. Lack of adequate roads. 3. Lack of adequate sanitary sewer systems. 4. Lack of adequate off-site public improvements or support systems. 5. The planning report Planning Case 05-42, dated December 6, 2005, prepared by Josh Metzer, et al, and is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Preliminary Plat. ADOPTED by the Chanhassen Planning Commission this 6b day of December, 2005. CHANHASSEN PLANNING COMMISSION BY: Uli Sacchet, Chairman • EXHIBIT A LEGAL DESCRIPTION: 9 That part of Lots 34 and 35, Minnewashta Park, Carver County, Minnesota, according to the recorded plat thereof, described as follows: Beginning at the southwest corner of Lot 2, Block 1, Huntington Park, according to the recorded plat thereof; thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet, to the northerly line of said Lot 35; thence southwesterly a distance of 137.27 feet, along said northerly line, on a curve, not tangent with the last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes 01 seconds West; thence South 67 degrees 25 minutes 19 seconds West, along said northerly line, a distance of 53.60 feet; thence South 15 degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 seconds West from the point of beginning; thence North 74 degrees 50 minutes 06 seconds East a distance of 167.70 feet, to the point of beginning. Together with an easement for ingress and egress purposes to Forest Avenue over and across that part of said Lots 34 and 35 which lies northerly of the westerly extension of the southerly line of the above-described parcel and lying southerly of a line 25.00 feet northerly of, measured at a right angle to and parallel with the above-described line, as established by Order Document No. T60786. That part of Lots 34 and 35, Minnewashta Park, Carver County, Minnesota, according to the recorded plat thereof; described as follows: Commencing at the southwest corner of Lot 2, Block 1, Huntington Park, according to the recorded plat thereof, thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet, to the northerly line of said Lot 35; thence southwesterly a distance of 137.27 feet, along said northerly line, on a curve, not tangent with the last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes 01 seconds West; thence South 67 degrees 25 minutes 19 seconds West, along said northerly line, a distance of 141.61 feet to the point of beginning of the land to be described; thence North 67 degrees 25 minutes 19 seconds East, along said Northerly line, a distance of 88.01 feet; thence South 15 degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 seconds West from the point of beginning; thence North 74 degrees 50 minutes 06 seconds East a distance of 167.70 feet, to the point of beginning. 3 YKIN 1 CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 • Planning Case No. 05 -4,-)L, CITY OF CHANHASSEN RECEIVED DEVELOPMENT REVIEW APPLICATION NOV 0 4 2005 Applicant Name and Address: „/ Contact: f' Phone: 7G3-S9i-g5zr Fax:2u-3-12-o717 Email: a c S (� 4i-4na4- Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Site Plan Review' --E Subdivision' tl6ov A V ($-//u+ CHANHASSEN PLANNING DEPT Owner Name and Address: Z6 Z' c LA. C:- o., r n/ ,S- S-5; I Contact: %,=- 3A,,,, _ Phone: Glt.- E»- o31L Fax: — Email: — Temporary Sales Permit Vacation of Right-of-Way/Easements Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment j— Notification Sign" - $75 + $100 Damage Deposit X Escrow for Filing Fees/Attorney Cost"' $`D CI P/SPRNACNAR/WAP/Metes & Bounds 4 inor SUB TOTAL FEE $ 1 L P/ Cr---* 100 3 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. lb ' Twenty-six (7,b) full-size folded copies of the plans must be submitted, including an 8%z" X 11" reduced copy for each plan sheet along with a digital cop v in TIFF -Group 4 ('.tit) format. " Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. Escrow will he required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED VI? r y r -o -RON :: T=RRA ENGINEERING INC. • FAX NO. : 763-512-0717 • Nov. 03 2005 11:23RM P1 PROJECT NAME: G r r4 4,at' rr • a � LOCATION' %t If d- &L 'Lf O r r%o 4( 4,?,, c 4a LEGAL DESCRIPTION: Stt aV-o O'e, 7,r. ,:915 TOTAL ACREAGE: WETLANDS PRESENT: PRESENT ZONING: _ REQUESTED ZONING: . 011.1 YES _ NO SFr: d-ar U.. -5;r. PRESENT LAND USE DESIGNATION: f C Cs -d¢ -A t Lo i�tng, d REQUESTED LAND USE DESIGNATION: 15c%—�— REASON FOR REQUEST: Sr- S c/Tf , This application must be completed in full and be typewritten or dearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City Should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Ownees Duplicate Certificate of Title. Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 1 will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. , c1piamforrm\Developmenf 1113%'- Date ►i 3- 05 Date Rev, 4M SCANNED 0 CITY OF CHANHASSEN 0 AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on November 23, 2005, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Orchard Green — Planning Case No. 05-42 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribefl and swofn to before me this Z day of , 2005. Not Publi C4 Kare J. Engel ardt Depu Jerk KIM T. MEUWISSEN Notary Public Mimesoia �N cunvNssbn E17* Jan �, zmo SCANNED Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday,December 6 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Subdivision review with Variances for four single - Proposal: family lots on property zoned Single Family Residential (RSF) ORCHARD GREEN Planning File: 05-42 Applicant: Peter Knaeble Property 2611 & 2621 Orchard Lane Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e - Questions & mail imetzer@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at http://206.10.76.6/weblink7 the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In writing. Any Interested party is invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the Item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/Industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative Is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any Interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be Included In the report to the City Council. If you wish to have something to be Included in there ortplease contact the Plannino Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, December 6, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Subdivision review with Variances for four single - Proposal: family lots on property zoned Single Family Residential (RSF) ORCHARD GREEN Planning File: 05.42 Applicant: Peter Knaeble Property 2611 & 2621 Orchard Lane Location: I A location map Is on the reverse side of this notice. The purpose of this public hearing is to Inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e - Questions & mail 'metzerpci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at htto1/206.10.76.6/weblink7 the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application In wdting. Any Interested party Is Invited to attend the meeting. • Staff prepares a report on the subject application that Includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will Gose the public hearing and discuss the Item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, lard use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to oommeroiatIndustrial. • Minnesota Slate Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity, may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Coundl does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council, If you wish to have somethina to be included In the report, lease contact the Plannina Staff person named on the notification. 1 0 tate Hwy 7 Subject Property This rrep is neither a IeWy recorded map nor a wrvey, and is not intended to be used as one. This ,not, is a conpilauon d words, information and data located in various city, county, state and fetishist d1ices aml other sources regarding be area strovm, and is to be used for reference purposes only. The City does not warrant Mat be Geographic Information System (GIS) Data used M prepare this map are error Tree, and the CM dons not represent Mat Me GIS Data can be used la navigational. tracking or any other purpose requiring enacting measurement of distance or cimcbm or precision in be depiction of geographic features, d errors or dscreparxies are found please cont 952-227-1107. The preceding dwlaimer is provided pursuant to Mnnesota Statutes §466.03, Subd. 21 (2000), and the user of INS map acknowletlges Mat be City, shall not be trade lar any damages, and etpressly waves all dams, and agrees to defend, indenuly, and hold hamiess be City Iron any andl all claims brought by User, its enVoyeas or agents, or bird pales which ansa out of the user's access or use of data provided. to Hwy 7 Subject Property This map is neither a legally recorded map nor a survey and is not intended to be used as we. Thus nap is a co"ilation of recnrde, inlomration and data located in various city, county, Santa and lederal offices and whew Ssaoss regardrg be area shown, and is to be used for reference purposes only. The City does no varrem Mat be Geographic Informed. System (GIS) Data used to prepare this MP are error free, and the City does not represent that be GIS Data can be used for no flabonal, trading or any other purpose nx Sning exacting measurement of dsMcce or drectlon or precision in Me depiction of geogeaphic features. h errors or dscrepareies are feed please contact 952-227-110]. The Preceding dscla nar is provided panorama to Nnnesota Statutes §466.03, Subf. 21 (2000), and the user of this map acknoMedges that Me City shall rel ba kada for any darte9as, and expressly waives all dans, and agrees to defend, indemnify, and hold hamr/ess be any horn any and all claims brought by User, its employees a agents, o Mind paNes whits aria out Of the users access or use of data pwid d. TRENT S C & NANCY J FRAZIER RICHARD J & YVONNE A BROWN WILLIAM G & SUZANNE M JOHNSON 2540 ORCHARD LN 2630 ORCHARD LN 2670 ORCHARD LN EXCELSIOR, MN 55331 -7801 EXCELSIOR, MN 55331 -7804 EXCELSIOR, MN 55331 -7804 SCOTT C & KATHLEEN L OLSETH BRADLEY J & REBECCA M PLUTH W SCOTT III & SUSAN M LONG 2660 ORCHARD LN 6440 ORIOLE AVE 2511 ORCHARD LN EXCELSIOR, MN 55331 -7804 EXCELSIOR. MN 55331 -7809 EXCELSIOR, MN 55331 -7802 DANIEL M RATHMAN 8 DUANE J JOHNSON JODY BERNADETTE MAJERES LINDA L C 828 FREMONT ST E 6450 ORIOLE AVE 2521 ORCHHARDARD L LN EXCELSIOR, MN 55331 -7802 NORTHFIELD , MN 56057 -2909 EXCELSIOR, MN 55331 -7808 DUANE & SANDRA JOHNSON CHESTER BUTTERFIELD HAROLD F & TERRY J JANECKY 2621 ORCHARD LN 2671 ORCHARD LN 2661 ORCHARD LN EXCELSIOR, MN 55331 -7805 EXCELSIOR, MN 55331 -7807 EXCELSIOR. MN 55331 -7807 RALPH & EDITH LIVINGSTON KELLY R & USA LEWIS DONALD & EILEEN RUOTSINOJA 2631 ORCHARD LN 2651 ORCHARD LN 6470 ORIOLE AVE EXCELSIOR, MN 55331 -7807 EXCELSIOR, MN 56331 -7807 EXCELSIOR, MN 55331 -7808 GAIL C KNUTSON ROBERT A & JOAN M RIESSLEMAN GARY SCOTT REED 2641 ORCHARD LN 6320 FOREST CIR 2471 64TH ST W EXCELSIOR, MN 55331 -7807 EXCELSIOR, MN 55331 -8859 EXCELSIOR, MN 55331 -8809 DALE JAMES & KELLY LEE HANCE KATHRYN F KLADEK TERRY W STODOLA 6480 ORIOLE AVE 7217 WEST 114TH ST 6330 FOREST CIR EXCELSIOR, MN 55331 -7808 BLOOMINGTON, MN 55438 -2479 EXCELSIOR, MN 56331 -8859 CYNTHIA PALMA KELLY KENNETH J & BETTY L LANG JOHN & RENA DRAGSETH 6331 MINNEWASHTA WOODS DR 2631 FOREST AVE 2600 FOREST AVE EXCELSIOR, MN 55331 -8897 EXCELSIOR, MN 55331 -3858 EXCELSIOR. MN 55331 43857 WARREN & MARY LOU OLSON MATTHEW J & SARA J CHAPMAN KINGSTON SPURBECK 6340 FOREST CIR 6341 MINNEWASHTA WOODS DR 6350 FOREST CIR EXCELSIOR, MN 55331 -6859 EXCELSIOR, MN 55331 -8897 EXCELSIOR, MN 55331 -8859 0 • C E JR & MARJORIE M WOOSLEY LAWRENCE C FREIBERG & - NITA D MORLOCK CHARLES E III &CORRINE WOOSLEY PAMELYN M FREIBERG 4783 HAMILTON RD 2730 ORCHARD LN 5020 PAGE AVE NE HOPKINS , MN 55343 -3515 EXCELSIOR, MN 55331 -7806 5T MICHAEL, MN 55376-8951 TRENT S C & NANCY J FRAZIER RICHARD J & YVONNE A BROWN WILLIAM G & SUZANNE M JOHNSON 2540 ORCHARD LN 2630 ORCHARD LN 2670 ORCHARD LN EXCELSIOR, MN 55331 -7801 EXCELSIOR, MN 55331 -7804 EXCELSIOR, MN 55331 -7804 SCOTT C & KATHLEEN L OLSETH BRADLEY J & REBECCA M PLUTH W SCOTT III & SUSAN M LONG 2660 ORCHARD LN 6440 ORIOLE AVE 2511 ORCHARD LN EXCELSIOR, MN 55331 -7804 EXCELSIOR. MN 55331 -7809 EXCELSIOR, MN 55331 -7802 DANIEL M RATHMAN 8 DUANE J JOHNSON JODY BERNADETTE MAJERES LINDA L C 828 FREMONT ST E 6450 ORIOLE AVE 2521 ORCHHARDARD L LN EXCELSIOR, MN 55331 -7802 NORTHFIELD , MN 56057 -2909 EXCELSIOR, MN 55331 -7808 DUANE & SANDRA JOHNSON CHESTER BUTTERFIELD HAROLD F & TERRY J JANECKY 2621 ORCHARD LN 2671 ORCHARD LN 2661 ORCHARD LN EXCELSIOR, MN 55331 -7805 EXCELSIOR, MN 55331 -7807 EXCELSIOR. MN 55331 -7807 RALPH & EDITH LIVINGSTON KELLY R & USA LEWIS DONALD & EILEEN RUOTSINOJA 2631 ORCHARD LN 2651 ORCHARD LN 6470 ORIOLE AVE EXCELSIOR, MN 55331 -7807 EXCELSIOR, MN 56331 -7807 EXCELSIOR, MN 55331 -7808 GAIL C KNUTSON ROBERT A & JOAN M RIESSLEMAN GARY SCOTT REED 2641 ORCHARD LN 6320 FOREST CIR 2471 64TH ST W EXCELSIOR, MN 55331 -7807 EXCELSIOR, MN 55331 -8859 EXCELSIOR, MN 55331 -8809 DALE JAMES & KELLY LEE HANCE KATHRYN F KLADEK TERRY W STODOLA 6480 ORIOLE AVE 7217 WEST 114TH ST 6330 FOREST CIR EXCELSIOR, MN 55331 -7808 BLOOMINGTON, MN 55438 -2479 EXCELSIOR, MN 56331 -8859 CYNTHIA PALMA KELLY KENNETH J & BETTY L LANG JOHN & RENA DRAGSETH 6331 MINNEWASHTA WOODS DR 2631 FOREST AVE 2600 FOREST AVE EXCELSIOR, MN 55331 -8897 EXCELSIOR, MN 55331 -3858 EXCELSIOR. MN 55331 43857 WARREN & MARY LOU OLSON MATTHEW J & SARA J CHAPMAN KINGSTON SPURBECK 6340 FOREST CIR 6341 MINNEWASHTA WOODS DR 6350 FOREST CIR EXCELSIOR, MN 55331 -6859 EXCELSIOR, MN 55331 -8897 EXCELSIOR, MN 55331 -8859 0 0 GERALD A & ANGELA J SCHMITZ DARRELL W & JUDY E HINKLIN WILLIAM M ZIEGLER 6360 FOREST CIR 6345 MINNEWASHTA WOODS DR 6441 ORIOLE AVE EXCELSIOR , MN 55331 -6659 EXCELSIOR, MN 55331 -8697 EXCELSIOR, MN 55331 -7809 rI 0 Public Hearing Notification Area (500 feet) Orchard Green Planning Case No. 05-42 2611 & 2621 Orchard Lane City of Chanhassen State Hwy 7 Subject Prop n i Y � i t c i i i I I i 1 J \ \ S\ \ t1s4, J \ i E gun V30VHOO mm jj WW 36 WNSWWd g ~ Y i w 0 Ll V10631M1 N3 www ....vii! NMMM OWtOW eaaal _. �?� avid sNouna� ausxa e • A � �W` t W�.11 2Y i0<<J 0 0 J 0 1 E=a / �� pyep�p@�pq�p@yp¢ip5Ipg�p5�p5! tlBdX9}98998 �� pyep�p@�pq�p@yp¢ip5Ipg�p5�p5! tlBdX9}98998 got a �� pyep�p@�pq�p@yp¢ip5Ipg�p5�p5! tlBdX9}98998 / 9M 1 * yg \ p a \ Y2 i§ 9� gg �Ay� U pix s d� 11 • • os -4a CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Orchard Green — Planning Case 05-42 On December 6, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of a Preliminary Plat to subdivide a 2.02 Acre Lot into Four (4) single-family Lots, Orchard Green. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned RSF, Single -Family Residential. The property is guided in the Land Use Plan for Residential — Low Density (1.2 — 4.0 units per net acre). The legal description of the property is: Attached as Exhibit A. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a) The proposed subdivision is consistent with the zoning ordinance; b) The proposed subdivision is consistent with all applicable city, county and regional plans including the city's comprehensive plan and subdivision ordinance; C) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; 0 0 d) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e) The proposed subdivision will not cause environmental damage; f) The proposed subdivision will not conflict with easements of record; and g) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1. Lack of adequate storm water drainage. 2. Lack of adequate roads. 3. Lack of adequate sanitary sewer systems. 4. Lack of adequate off-site public improvements or support systems. 5. The planning report Planning Case 05-42, dated December 6, 2005, prepared by Josh Metzer, et al, and is incorporated herein. The Planning Commission recommends that the City Council approve the Preliminary Plat. ADOPTED by the Chanhassen Planning Commission this 6'h day of December, 2005. CHANHASSEN PLANNING COMMISSION BY: cz—� Uli Sacchet, Chairman 2 EXHIBIT A LEGAL DESCRIPTION: 0 That part of Lots 34 and 35, Minnewashta Park, Carver County, Minnesota, according to the recorded plat thereof, described as follows: Beginning at the southwest comer of Lot 2, Block 1, Huntington Park, according to the recorded plat thereof; thence on an assumed bearing of North I 1 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet, to the northerly line of said Lot 35; thence southwesterly a distance of 137.27 feet, along said northerly line, on a curve, not tangent with the last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes 01 seconds West; thence South 67 degrees 25 minutes 19 seconds West, along said northerly line, a distance of 53.60 feet; thence South 15 degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 seconds West from the point of beginning; thence North 74 degrees 50 minutes 06 seconds East a distance of 167.70 feet, to the point of beginning. Together with an easement for ingress and egress purposes to Forest Avenue over and across that part of said Lots 34 and 35 which lies northerly of the westerly extension of the southerly line of the above-described parcel and lying southerly of a line 25.00 feet northerly of, measured at a right angle to and parallel with the above-described line, as established by Order Document No. T60786. That part of Lots 34 and 35, Minnewashta Park, Carver County, Minnesota, according to the recorded plat thereof; described as follows: Commencing at the southwest comer of Lot 2, Block 1, Huntington Park, according to the recorded plat thereof; thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet, to the northerly line of said Lot 35; thence southwesterly a distance of 137.27 feet, along said northerly line, on a curve, not tangent with the last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes 01 seconds West; thence South 67 degrees 25 minutes 19 seconds West, along said northerly line, a distance of 141.61 feet to the point of beginning of the land to be described; thence North 67 degrees 25 minutes 19 seconds East, along said Northerly line, a distance of 88.01 feet; thence South 15 degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 seconds West from the point of beginning; thence North 74 degrees 50 minutes 06 seconds East a distance of 167.70 feet, to the point of beginning. 3 CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 01/26/2006 2:09:38 PM Receipt No. 0000386 CLERK: danielle PAYEE: Matthew Pavek Peter Khaeble 6001 Glenwood Ave Golden Valley MN 55422 0 Final plat -Orchard Green 05-42 n U ------------------------------------------------------- Use & Variance 250.00 Total Cash Check 1008 Change 250.00 0.00 250.00 0.00 os-L{-.�-- MY OF CllH11NSEN January 12, 2006 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Mr. Matthew Pavek Phone: 952.227.1100 Terra Engineering Fax:952.227.1110 6001 Glenwood Avenue Building Inspections Golden Valley, MN 55422 Phone: 952227.1180 Fax 952,227.1190 Re: Development Notification Sign Escrow Refund Engineering Orchard Green - Case No. 05-42 Phone: 952.227.1180 Fax 952227.1170 Dear Mr. Pavek, Finance Phone: 952.227.1140 Enclosed please find a check in the amount of $100 which represents a refund of Fax. 952.227.1110 the development notification sign escrow for the above -referenced project. Park 8 Recreation Phone: 952 227.1120 If you have any questions, feel free to contact me at 952-227-1107 or by email at Fax: 952.227.1110 kmeuwissen@ci.chanhassen.mn.us. Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Sincerely, Fax: 952.227.1404 1 Planning & Natural Resources Phone: 952.227.1130 Fax: 952227.1110 Kim T. Meuwissen Public works Planning Secretary 1591 Park Road Phone: 952.227.1300 KTM:ms Fax: 952.227.1310 Senior Center Enclosure Phone: 952.227,1125 - - Fax: 952,227,1110 Web Site www.ci.chanhassen.mn.us SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. 0 Vendor. Matthew Pavek Vendor No: PaveMatt Vendor Acct No: - Invoice Number Date Description 5W6773 01/06/2006 Sign escrow Check Date: 01/12/2006 Check Amount: $100.00 Invoice Amount 100.00 CITY OF CHANHASSEN M&I MARSHALL & ILSLEY BANK 127991 7700 MARKET BLVD., P.O. BOX 147 115,q o CHANHASSEN, MN 55317 17 (952) 227-1140 � i a 'a.�mr'iYF1:'SeTt'+e-ems. ,pa Pay: *** One hundred dollars and Zero cents Date Amount 01/12/2006 $100.00 ^€' To the order of {gx Matthew Pavek u•127991.0 1:09 100 1 1 5 71: 00257 7731,21i' CITY OF CHANHASSEN • 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: MATTHEW PAVEK Date: 11/09/2005 Time: 4:13pm Receipt Number: DW / 6773 Clerk: DANIELLE ORCHARD GREEN 05-42 ITEM REFERENCE OIRTk l� ------------------------------------------- DEVAP ORCHARD GREEN 05-42 USE & VARIANCE 660.00 SIGN RENT 75.00 RECORDING FEES 450.00 SIGN ESCROW 100.00 Total: Check 1003 Change: --------------- 1,285.00 1,285.00 --------------- 0.00 THANK YOU FOR YOUR PAYMENT! Return Check to Kim for mailing with letter. OK to return sign escrow. Kate Aanenson, Community Development Director Date ee" 0 City Council Meeting — J • 9, 2006 • about the marketing study and the value that that's going to have across the entire city, especially in the ... like this where we are looking at rezoning and location so. Thank you. I guess with that, if there's no motion by the council we'll just look forward to receiving the additional information in the time that we've discussed and allow the approval of last meeting to stand. Okay, thank you. _ORCHARD GREEN. 2611 & 2621 ORCHARD LANE, PETER KNAEBLE: REQUEST FOR SUBDIVISION REVIEW FOR 4 SINGLE FAMILY LOTS. Public Present: Name Address Steve Lynch 5225 Park Avenue Matt Pavek 7110 Plymouth Avenue No, Golden Valley John Dragseth 2600 Forest Avenue Jacqueline A. Dorsey 311 So. Water Street, Northfield Kate Aanenson: Thank you. The applicant is requesting to subdivide 2.02 acre parcel into 4 single family homes. Just so you know when it originally came in with an additional lot, the staff did work looking at house sizes and reduced it down to 4. This item did appear before the Planning Commission on December 6`" to review the plat and the Planning Commission voted 5- 0 to approve the request. I believe there's a little bit of controversy regarding dispute on the property line and why that condition was removed. It's stated right here in the staff report, typically the city does not, because we're not the interested party in this property line dispute, would not make that a condition of approval because in our opinion based on the amount of property in dispute, the lot, the plat would still go forward with the additional right-of-way being removed, and I'll just show you that real quick here... If we were to lay this out the same, this is the area in red that's in dispute. So even if that property was removed from the plat itself, the lots would still meet all the minimum requirements of the setback so if there is a dispute, and that property was to go away, you could still meet all those standards of the one part of the plat could be added administratively later so it's really a civil matter that, so we addressed it in the cover memo. It was a Planning Commission item. Again we don't hold up a plat for that so that's why we moved, removed and put to the front of the agenda on the cover memo so we did address it. It wasn't dropped. We just explained how we did that. With that I'll just go through the plat quickly. There's no street improvements for existing streets for the property so the 3 lots will have access via Orchard and the other one off of Forest. The average lot size is 22,000 so again kind of moving in that direction of little bit bigger lots for executive homes. There are no wetlands on the site. With this plat we're looking at providing some additional easement for ponding in the future. There is some water issues in the area so with that we're not putting a pond in at this time but we're accommodating a drainage easement so in the future as we work through those issues, we can accommodate potentially a future pond, so they will be paying some ponding and quality fees through the subdivision. Again there are services in the area. Existing lots. It needs to be additional service line but that would be accommodated. Parks and trails, there is a park in the immediate vicinity so we'll just be taking park and trail fees. There will be some tree replacement and approximately 19 trees to be replaced. All the lots do meet 32 City Council Meeting — January 9, 2006 • the requirements of the city ordinance as far as area, frontage, depth and impervious surface so with that it appears to be a pretty clean subdivision. We are recommending approval with the conditions in the staff report starting on page 8. Mayor Furlong: Thank you. Questions for staff. If there are any. Councilwoman Tjornhom: It looks like the area is small enough so where like the hard surface coverage and stuff, that wouldn't affect any amount. Kate Aanenson: Yeah, that lot is, that lot itself is 26,000 square feet so there should be adequate. Councilwoman Tjomhom: Okay. Mayor Furlong: Alright. Is the applicant here this evening? Would you like to address the council on any issue? Matt Pavek: Council members, Mr. Mayor, my name is Matt Pavek with Terra Engineering. I'm one of the engineers and developers on the project and we just would like to say we concur with the staff report and available for any questions if you have any. Thank you. Mayor Furlong: Thank you. Any questions of the applicant? Thank you. Appreciate you being here. Okay, is there any? There was a public hearing conducted at the Planning Commission. And so this is not necessarily, we don't hold the public hearing here but if there is any issue or public comment because of issues that have changed between the staff report and the Planning Commission or here, or anything else, certainly we'd like to hear that public comment as well. John Dragseth: Mayor, council members. 2600 Forest Avenue which is the property to the south. Southeast. I'm not prepared to address any substantive issues today because of the change. I first learned of this change this morning and therefore I don't know what to say in response to what the staff has said. I haven't had time to prepare that. What I'd like to address is procedure that occurred. The Planning Commission met and was presented by the city staff and the city staff inserted condition number 22 and presented it to the Planning Commission. That was all the Planning Commission saw. That's all that they approved. I did not notice until this morning when looking at the presentation that would be given to the council that 22 had disappeared as a condition. That is something the Planning Commission was never shown. Never voted on. I don't know what exactly why it was removed and moved to the cover page as I understand, but it was removed as a condition. I think it makes sense as a condition and when he, city staff first presented it I agreed to it and therefore I didn't say anything at the Planning Commission about it. Did not have an opportunity to object to it at that time because it wasn't an issue in the case. Did not have an opportunity to go through the appeal process from the Planning Commission because it was never an issue in this case. Learned about it for the first time this morning. Now it's interesting when they first added it, the city staff first added it I asked why did you add it in that way and they said well because it's a private issue. A civil issue and so we'll just put it on there. Developer can take care of it as a private, civil issue as a preliminary to final plat. When I talked to city staff today and said why did you take it off, same reason. It's a civil issue, a private issue. And apparently is now shifting the burden to me to take 33 r ; zs City Council Meeting — January 9, 2006 • care of it instead of the developer seeking approval from the city. I think that is an improper and probably legally infirm, although I haven't been able to research this approach to doing this. There is, now granted a city can take any approach that they want within reason to approve these processes, but once you put rules and process in place you have to follow that process. That's my general understanding of the rules. I don't believe that process has been followed here. 22 is dropped without review of the Planning Commission. Without an opportunity to comment on it and then suddenly without notice put in a cover letter and said as a condition today. It's also the dropping of it is questionable because the same reason for dropping it was the reason that was given for putting it on in the first place. Seems arbitrary, capricious to drop it at this point. Not sure why staff decided to drop it after they previously on their own motion put it in in the first place. I guess I'm kind of curious about what the basis for that, and ultimately it's infirm because there was no notice for the change. I first found out about it this morning. Called staff immediately mid-moming. Didn't get a response until after lunch when I actually called staff again and asked you know was this a mistake because I understand 22 was added right before the Planning Commission meeting. Kind of given an indication well no, it's in there and I was shown it was in the cover letter. Part of the problem is, if you ever look at the cover letter on the web site all you see is a big black maple leaf because the watermark on the city stationary blacks out everything that's on the cover letter, so I didn't know about this change of any sort until really 2:00 p.m. this afternoon. I would say that that's not adequate notice. So what I would propose to the City Council is that City Council approve the plan, the plat, preliminary plat as proposed to the Planning Commission and the same plat that the Planning Commission approved, and not shift the burden to clear up this civil issue onto somebody who is not seeking approval for the City Council's vote. Thank you. Mayor Furlong: Thank you. Comments or reaction. Todd Gerhardt: Mayor, I'd like to have the city attorney explain or verify if any processes have been violated since the Planning Commission's action on this. Mayor Furlong: Thank you. Roger Knutson: Mayor, members of the council. There's no process that's been violated. The Planning Commission makes a recommendation to you and you take that into consideration. What the recommendation to you was is not in dispute and has not been concealed from you. You know what it was. It had that condition in there. Staff is recommending that that condition be deleted. It's not unusual for the Planning Commission to recommend one thing and the staff to recommend something slightly different. And if I could just comment further on the dispute. First, the City as you know is not in a position to resolve property line disputes. I can issue an opinion and say here's my opinion where it is, and that's nice but the parties aren't bound by it. I'm not a judge. This body is not, does not have authority to resolve property line disputes. So what we do is look at information to make sure a stranger to the title for example isn't walking in here and saying I want to plat some property. We make sure you have an ownership interest in the property. And then here we have looked at it and this property, so you know, is Torrens property. There was a proceeding a number of years ago with this very issue, at least the record was resolved. Now someone can always challenge that later and the adjoining property owner if he chooses to challenge it, that's the adjoining property owners' prerogative to do so. From our 34 City Council Meeting — January 9, 2006 • perspective as a city we look at, is this something that should hold up approval, and our judgment is no. That if someone wants to bring this on further and have it resolved, there's mechanisms to do that. There are courts. We don't think it should up the plat. Councilman Peterson: Do we even have a legal right to stop that? Isn't that kind of your point? Roger Knutson: Yes. That's my point. Mayor Furlong: Okay. John Dragseth: Is it possible to address two of those points quickly? Mayor Furlong: Certainly, please. Keep it brief. John Dragseth: First point, it may not be unusual for city staff to disagree with the Planning Commission. What is unusual is for city staff to recommend a point. The Planning Commission to approve it, and then city staff without any explanation to remove that exact same condition that they put in themselves. Second point on the Torrens. There are two types of Torrens. It wasn't mentioned. If you read the Chapter 508.23 of the Minnesota Statute you can do a simple Torrens where you register the property in general. There's also a registration of the boundary. This property did not have the boundary registered. Thank you. Jacqueline Dorsey: My name is Jacqueline Dorsey of Visten, Dahl, Marsh and Dorsey, 311 South Water Street, Northfield. I am counsel for Sandra and Dwayne Johnson. They are the current owners of the property. I just wanted to bring up a couple of issues. First of all Mr. Knutson is correct that the Johnson's own Torrens property. It was registered, almost 16 years ago. The Johnsons agree with the new recommendation of the Planning, of the city planner that item number 22 be deleted requiring a resolution of that property dispute. I believe that they're correct in their assessment. First of all it would be extremely dangerous, again as Mr. Knutson pointed out, if anyone could come in and say I have a concern about a boundary line or I think part of that property belongs to me and every subdivision that comes before this council would roll to a stand still. It would also be changing the course of the current laws which require someone who has a boundary dispute and believes that they have an interest in the property, right now they have the responsibility to take some action if they believe they need to protect their property. Thank you. Mayor Furlong: Thank you. Sir, you have a public comment on this entire project, the proposed subdivision? Very good, thank you. With that, are there any follow up questions for staff or for the applicant? Okay. Then we'll bring it back to council for discussion. Thoughts or comments. Councilman Lundquist: Mr. Mayor I think, like you said, pretty straight forward. We don't often see ones that come along that are this straight forward without a lot of the stuff, especially Kate like you said before with what's left in the city. They're usually the more difficult ones so, and as far as the condition in or not in. I did see this condition 22 when I looked at the Planning Commission verbatim things and along with Mr. Knutson and staff, I'd say it's, since Mr. Ayotte isn't here anymore I would venture that we don't have a dog in that fight so. Regardless of M1 City Council Meeting — January 9, 2006 • whether 22 is in or not, I think I would, I would have recommended that it be removed anyway so that point, anyway. So I think cut and dried. Pretty cut and dried here. No issues and support the proposal as published in the final staff report with conditions. Mayor Furlong: Okay, thank you. Other comments, discussion. Councilman Labatt: I would echo Mr. Lundquist in supporting the conditions 1 through 21. Mayor Furlong: Thank you. Councilman Peterson: As well as I. Mayor Furlong: Same? Very good, thank you. Without restating the issues, the subdivision does meet ordinance and that's what we're looking for and it went through the process with the Planning Commission adopting approval. I do agree with Councilman Lundquist with regard to that last condition and the reason that it would likely not be approved as well. That's not, those types of conditions and proposals have come before this council that I've been involved in and they've come out each time so. With that, is there a motion? To approve, which I believe begins on. Councilman Labatt: Move approval for. Mayor Furlong: Do you have a page number? Councilman Labatt: Preliminary Plat for Case 05-42, subject to the following conditions through 21 in the staff report dated. Mayor Furlong: Today. Councilman Labatt: January 9`s. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjomhom: Second. Mayor Furlong: Made and seconded. Any discussion on the motion? Hearing none we'll proceed with the vote. Councilman Labatt moved, Councilwoman Tjornhom seconded that the City Council approve preliminary plat for Planning Case 05-42, Orchard Green for 4 single family lots as shown on the plans prepared by Terra Engineering and stamped "Received November 4, 2005", subject to the following conditions: 1. Applicant shall submit a landscaping plan showing 19 trees as replacement plantings. Plan shall specify size, species, and locations. 06 City Council Meeting — January 9, 2006 • 2. All areas outside of grading limits shall be protected by tree preservation fencing. Fencing shall be installed prior to grading and excavation for homes on each lot. Any trees shown as preserved that are removed or damaged shall be replaced at a rate of 2:1 diameter inches. The water and sanitary hook-ups for lot 2 must be moved to the driveway in order to preserve the 12" maple. 4. The developer must obtain all permits necessary to remove the existing homes. S. The grading plan must be revised as follows: a. All proposed contours must tie in to existing contours, particularly the 992', 990' and 988' contours on the west side of Lot 1; and the 996', 994' and 992' contours on the east side of Lot 3. b. Staff recommends that the low floor elevations for Lots 1 and 2 be lowered one foot to achieve an 8 foot walkout. Staff recommends that steps be installed in the garage on Lots 3 and 4 to achieve an 8 foot walkout. c. A drainage breakpoint elevation must be shown northeast of the building pad corner on Lot 3. 6. Hydrology calculations must be submitted and shall include pre- and post -development volume and peak discharge rates for the 2, 10 and 100 year rainfall events. 7. Any proposed retaining wall over four feet high requires a building permit and must be designed by a Professional Engineer registered in the State of Minnesota. 8. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 9. The developer must acquire a Work in Right of Way Permit from the Engineering Department before commencing work in the right of way and shall submit a financial security to ensure that Orchard Lane and Forest Avenue are properly restored after the services have been installed. 10. The developer shall pay the $29,298.00 trunk and lateral water and sewer fees in cash with the final plat or assess them to the lots within the proposed development. The lateral connection charges can be assessed at 8% for 8 years. The trunk hookup charges can be assessed at 8% for 4 years. 11. Detailed grading, drainage, tree removal and erosion control plans must be submitted with the building permit for each lot. 12. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA and the Watershed District. 37 City Council Meeting — January 9, 2006 • 13. 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 p Time (maximum time an area can remain unvegetaled when area is not actively being worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10: l 21 Days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 14. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 15. The plans shall be revised to show the location(s) of the rock construction entrance(s). 16. The plans shall be revised to expand the drainage and utility easement in a straight line from the point where the 978 elevation intersects the east lot line of Lot 4, Block 1, to where the 978 elevation intersects the 20' sanitary sewer easement at the southern edge of Lot 4, Block 1. Standard drainage & utility easements shall be dedicated in all other locations. 17. Based on the proposed developed area of approximately 2.02 acres, the water quality fees associated with this project are $2,208; the water quantity fees are approximately $5,464. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $7,672. 18. In the absence of parkland dedication, it is recommended that Orchard Green pay full park dedication fees at the rate in force upon final platting. At today's rate, these fees would total $16,000 (4 lots x $4,000). 19. Demolition permits must be obtained before demolishing any existing structures. 20. Provide a cleanout on the sewer service for lot 3. 21. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. All voted in favor and the motion carried unanimously with a vote of 5 to 0. M SWMP FEE WORKSHEET DATE February 2, 2006 PLANNING CASE 05-42 PROJECT Orchard Grp Site Area in Acres 2.02 Assessable area 2.02 ZONING CLASSIFICATION RSF - Residential Single Family FEES Rate per Acre Acres Total WATER QUALITY $ 1,600.00 2.02 $ 3,232.00 Rate per Acre Acres Total WATER QUANTITY $ 2,900.00 2.02 $ 5,858.00 CREDITS ITEM UNIT QUANTITY 50% UNIT TOTAL PRICE Storm water pond acre 0 0.5 $ 1,600.00 $ - Outlet structure each 0 $ 2,500.00 $ - SWMPFEE $ 9,090.00 SWMP CREDITS $ - TOTAL SWMP FEE W $ 9,090.00 Terra Englneering, Inc. CMI r,*eeng Lard flaming • Cm%KN TRANSMITTAL TO: Tos� X - CI?Y RECEIVED SEN JAN 2 3 zoos ,,NPNHASSEN PLPNNING DEPT DATE: I �(� FILE: O5 12-4 RE: C c. rl j ;�',( Pl'+ We are sending you X Attached _ Under separate cover via COPIES DATE NO. 29)0j, THESE ARE TRANSMITTED AS —its For your approval For your review & comment REMARKS: COPY TO: BY: + Lk The following items: BELOW: For your information ENCLOSED: As requested TRANS. ONLY X 6001 Glenwood Avenue • Minneapolis, Minnesota 55422 • 763 593 9325 • Fax: 763 512 0717 Terra Englneering, Inc. 0" CMI E*neeme Lane Rar"ng' CwwWg TRANSMITTAL TO: 11 l,L< 145eki We are sending you X Attached _ COPIES DATE NO. 3 120 06 I I I 29 ob � DATE: I I 2,4 ob FILE: 05-126 RE: OC�itrU CI�Ptt Under separate cover via The following items: II DESCRIPTION��--jj (� SGl'1�4 1 s-' PIS`+ I PrTi t2 k�II Siq _ 1L �'` LL `� iIIXI7 J THESE ARE TRANSMITTED AS CHECKED BELOW: X For your approval For your review & comment REMARKS: — P1e�� COPY tt r; I� 4R lTO: )�M BY: X11 n � l2 For your information —rLa� L ENCLOSED: As requested TRANS. ONLY 6001 Glenwood Avenue • Minneapolis, Minnesota 55422 • 763 593 9325 • Fax: 763 512 0717 Terra Engineering, Inc. CMI EV L" Rarming • Can Ibng January 24, 2006 Alyson Fauske City of Chanhassen 7700 Market Blvd. PO Box 147 Chanhassen, MN 317 Re: Orchard Green Sanitary Sewer Plan TE #05-126 Dear Alyson: Jcsh RECEIVED JAN Z 5 2006 CITY OF C'HANHASSEN Please find attached 3 copies of the "Sanitary Sewer Plan and Profile" for the Orchard Lane sanitary sewer extension. Per your direction we have designed a sanitary sewer extension from the existing manhole in the* street to the east property line (extended) of the Orchard Green project at a depth of 10' Please note, per our earlier discussions and for the record, we are still of the opinion that this sewer extension is beyond the scope of this small four lot project and should not be required as part of the Orchard Green subdivision. Our reasoning is as follows: First and foremost, this project already has significant sanitary sewer access with adjacent sanitary sewer along its south property line, accessible by easement, as well as existing sanitary sewer in Orchard Lane and Forest Avenue. Please note the existing homes to the east of this project are already using this southerly sanitary sewer as was the logical intent for the lots in the Orchard Green project. We are being asked to install off-site sanitary sewer that has no benefit to this project at a cost that is disproportional to the size and scope of our small four lot minor subdivision. Secondly, the sole beneficiary of this sanitary sewer extension (since our lot 3 is better served from the south) is the property at #2520 Orchard Lane, yet the City is requiring it be installed as part of the Orchard Green project. We understand that there are costs associated with our development, and there should be, those are the costs to develop the land. There should not be, however, costs paid by us associated with someone else's development. If sanitary sewer extension was required to serve this project we would certainly understand, but it is not. The 6001 Glenwood Avenue • Minneapolis, Minnesota 55422 • 763 593 9325 • Fax: 763 512 0717 sanitary sewer extension is only necessary for the future development of the property at #2520 Orchard Lane. That property can still develop, Orchard Green is not "blocking" the possibility of that development by not extending sanitary sewer. Therefore if the only property benefiting is #2520 Orchard Lane, then they should be required to extend the sanitary sewer to their own property if and when they develop. Tree removal is another factor. By routing the sanitary sewer for Lot 3 from the south, no tree removal would be required. If sanitary sewer mains and services are extended via Orchard Lane some tree removal may be required. Finally, in summation, this sanitary sewer extension would require removing and reconstructing approximately 200' of existing street, installing sanitary sewer to serve only #2520 Orchard Lane, to improve their land at our cost, require additional tree removal, and cause far more disruption to the existing neighborhood in general. All to avoid a rear yard easement? Please take this information into account. Per our discussions, we will be raising these issues at the City Council meeting if necessary in an attempt for reprieve from what we consider unreasonable utility requirements. Sincerely, Matthew R. Pavek, P.E. TERRA ENGINEERING, INC. C.C. Josh Metzer, City of Chanhassen CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Applicant Name and Address: t14.• Knacs4#_- D o o ( G le ,,.r,., .,r .A„ 66.1 .. 1/,L{. Contact: (-c4.. 1C. �t Phone: 7L;-S9i g5zs Fax:7c>,-YI2_—c717 Email: Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development` Rezoning Sign Permits Sign Plan Review Site Plan Review` _ Subdivision' Planning Case No. O5 -4D- CITY OF CHANHASSEN RECEIVED NOV 0 4 2005 CHANHASSEN PLANNING DEPT Owner Name and Address: 2wv^� 3c>k-5 Gr��• �/( CA- Gt. " ri.✓ j S-5;1 Contact: 3,4,2 � Phone: ctz- 8/7- o3lt Fax: — Email. Temporary Sales Permit Vacation of Right-of-Way/Easements Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign" - $75 + $100 Damage Deposit X Escrow for Filing Fees/Attorney Cost"` - $SCUP/SPR/VAC/VAR/WAP/Metes & Bounds 45 inor SUB TOTAL FEE $ 4 I L Z i CIL-* 1003 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8X" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ('.fif) format. Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. IF 17f `/,-o FROM.:.1-CRRR ENGINEERING INC. FAX NO. : 763-512-0717 Nov. 03 2005 11:23RM P1 PROJECT NAME: G r'/' o.."'/ rj r e v, LOCATION: d- 1 %2"( 0 ru/%n tZ [q [ 4 LEGAL DESCRIPTION: SPC a,4 r L v( 1", 4 1% TOTAL ACREAGE: WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: Zi ,DZ VES r-- NO PRESENT LAND USE DESIGNATION: f C es -.de REQUESTED LAND USE DESIGNATION: S/w REASON FOR REQUEST: 15^ 1i 9I This application must be completed in full and be typewritten or dearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Time, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. G;VlanVormlDevelopment 1161-j- 1 Date 13/-j— Date 11 Oro) - Date Rev, qMg SCANNED tKil. ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka. MN 55345 Pbonc (612) 474 7964 Fm(612)4748267 suRyEY FOR: DEAN PAXTON SURVEYED: October, 20fel DRAFTED: October 18.21M10 LEGAL DESCRIPTION: 11at part of Lots 34 and 35, Minnewashts Park Carver County, Minnesota. according to the recorded plat thereof. described as follows: Beginning at he southwest comer of tot 2, Block 1. 1iuntington Pad;, according to the recorded plat thereof: thence on an assumed bearing of North 1 1 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet, to the northerly line of said Lot 35; thence southwesterly a distance of 137.27 feet. along said northerly lute, on a curve, not tangent with the but described line, concave to the southast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord M 137.18 fen which bears South 70 degrees 50 minutes 01 seconds West; thence South 67 degrees 25 minutes 19 seconds West. along said northerly line, a distance of 53.60 feel thence South 15 depress 09 minutes 16 seconds East a distance of 31267 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 . semtds West from the point of beginning: thence North 74 degrees 50 minutes 06 seconds East a distance of 167.70 feet. to 0rc point of beginning. Together W id) an a<. mcnt for ingress and cg2s5 purpnaes in Fines Avenue over and across that pan of said Lots 34 and 35 which Iia northerly of the westerly extension of the southerly line of the above described parcel and lying southerly Ma line 2501 feel northeriv of. measured at a right angle to and parallel with the above described line. as established by Oder Documc l No. T60796. SCOPE OF WORK: I. Showing the length and direction of boundary lines of the above legal description. The scopcofoursericesdoa not include determitung what vnu own, which is a legal manet. Please check the legal description with your recurds or consult with competent legal counsel, if necessary. to make sure that it is correct, and dial any nutters of record, such as easements. that vnu wish shown on the survey. have hem shown. 2. Showing the location of existing iusprovemcnts we deemed important 3. Sening new monuments or verifying old monuments to nark the carriers of the Properly. STANDARD SYMBOLS R CONVENTIONS: • • Denotes art' ID pipe with plastic plug braving State License Number 9135. set, unless otherwise noted. CERTIFICATION: 1 hereby certify that this survey was prepared by me or under my direct supervision and that 1 am a Professional Lnginecr and o Prufcssioual Surveyor under the (laws of the State of Mimsesota. ."lamps H. Parker P.E. @ P.S. No. 9235 { 1 i �l t it 1 1, CITY OF CHANHASSEN { RECEIVED 4 NOV 0 4 2005 CHANHASSEN PLANNING DEPT I 12 1 GRAAPI ICIC SCALE tie rues) r win , m n 40%1_ r, Xdld }% ,.r w�'�✓ aa^� °' def 2 PN r i✓'�"Pa M SCANNED Job No. 001436 ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Mimemolm, MN 55345 Phone(612)47,47964 Fu(612)4748267 suRyEY FOR: DEAN PAXTON SURVEYED: Octoba, 2000 DRAFTED: October 18, 2000 LEGAL DESCRIPI70N: T1W part of Iota 34 and 35, Mcaewuhm Park, Carver County. Mtnusos,..cording to the recorded plot Ibetmg described an follows: Coawencing at the southwest coma of La 2, Black 1, Huntington Pah, according to the recorded pleat thereof, thence on an assumed bearing of North 11 degree 21 minutes 34 seconds West, along the westerly Ent of ad Lot 2, a d'Wance of 336.90 feet to the northerly line of aid La 35; thence southwesterly a distance of 13717 feet along said ntmhafy lice, On a OWM tot ungene with the kat dem ibed Ime, concave to the southeast having a radius of 115762 fest a amens'angler of degrees 49 minutes 24 accords and a chard of 137:18 faa which bees, South 70 degrees 50 minces 01 seconds West thence South 67 depes 25 numbs, 19 seconds Wee, along said oorthuly, live, • distms of 141.61 fes m the point of beginning of the lend to be described; thence Nath 67 degrees 25 minas 19 neem 9 Esc, along ad Northerly line a distance of 88.01 feet thence South 15 degrees 09 minutes 16 seconds Flat • divance of 319.67 feet to the in agmen, with a line bearing South 74 degmes 50 minuet 06 seconds, Wen from the point of beginning; therm Honk 74 degrees 50 mime 06 seconds East • distmce of 167.70 feet to the point of bc9ummg SCOPE OF WORK I. Showing the length and direction of boundary tins of the above legal description. The scope of our services dos nor include determining what you own, which is a legal manur. Plea check the kgd description with yon tecta m commit with campamt kgd counsel, if DWm any, to eche aur, that it is correct and that my names of record, such as, caacanems, that you with shown on the survey, have been shown. 7 Showing the location of adding improvement, we deemed important 3. Seating new monumens a verifying old mecum cuts to murk the comets of the pmpaty. STANDARD SYMBOLS & CONVENTIONS: " w " Dawes 1/2" ID pipe with plastic plug bearing State License Number 9235, am unless otherwise noted CERTMCATTON: I hereby certify that this survey was prepared by me or under my direct supervision and that 1 am • Professional Eagmac, and a professional Surveyor under the Laws of the State of Mimeos. �H. Poker P.E. & P.S. No. 9275 CITY OF CHANHASSEN RECEIVED NOV 0 4 2005 CHANHASSEN PLANNING DEPT "P SCANN[0 ✓ob No. 001436A i r� x° 1 "P SCANN[0 ✓ob No. 001436A Planning Commission Meeting — December 6, 2005 • PUBLIC HEARING: ORCHARD GREEN: REOUEST FOR SUBDIVISION REVIEW FOR FOUR SINGLE PLANNING CASE NO. 05-42. Public Present: Name Address Steve Lynch John Dragseth Matt Pavek Minneapolis Chanhassen Golden Valley Peter Knaeble Golden Valley Ralph & Edith Livingston 2631 Orchard Lane, Excelsior Ken Lang 2631 Forest Circle Dan Rathman Orchard Lane Linda Conner Orchard Lane Josh Metzer presented the staff report on this item McDonald: Kurt. Papke: I'll start. The disputed area looks pretty small. Am I to assume that this would not materially affect any of the hard surface coverage calculations, setbacks, etc, etc.? Metzer: Right. From this survey that I have, I determined it's anywhere from 1,400 to 20 hundred square feet difference may on Lot 4. This would reduce it from 26,600 to 23,000 something. So still well over the minimum lot area. We're talking a width of, at most 14 feet wide along the length of the property, which would still allow Lot 4 to meet lot width requirements. Papke: Okay. Last question. We received an e-mail, I think it was on this case this afternoon where one of the neighbors had some concerns about these lots being smaller than the neighboring lots. Do you have any statistics or numbers or any metrics we can look at on that regard? Metzer: Not significantly. Maybe a couple of the lots surrounding, immediately surrounding but a majority of, especially a majority of lots surrounding the entire Lake Minnewashta, these lots are considerably larger. Papke: Okay. Zom: Just had one question. I wasn't able to drive the site. Is there a sidewalk in this area at all? 10 SCANweo 0 0 Planning Commission Meeting — December 6, 2005 Metzer: No. Zom: No sidewalk? Metzer: No. Zorn: Okay. And the proximity to the playground. Metzer. That is 300 feet south along Forest Avenue. Zorn: Okay. Metzer: Approximately. Rough guess. Zorn: Okay, thanks. Undestad: Just one. On the grading plan on there, it has a note about all lots will be custom graded by the builder. Is it, grading these one at a time and, or will they come in here and ask for any of these lots out here, I'm just wondering what that means. Metzer: That perhaps is a better question for the applicant. McDonald: And I guess with that if the applicant wants to come forward. Please state your name and address. Peter Knaeble: Mr. Chairman, members of the Planning Commission. My name is Peter Knaeble with Terra Engineering. We're also the developers of the property. My address is 6001 Glenwood Avenue in Golden Valley is where our office is. I've got a rendering and plat I'd like to pass out to the Planning Commission. We've read through the staff report. Been working with the staff for a number of weeks on this project and we concur with recommendations in the staff report. Again the only issue that we see is the, on the south part of the property it's possible, a 10 to 12 foot overlap of the properties and our surveyor is working on that to try to come up with a resolution. We're also talking to the County to try to establish what exactly what the resolution with the issues are for that. That overlap issue and again our interpretation would match Josh's that even with the approximate overlap, that Lot 4 would still exceed the city's standards, both for lot width and for lot area. The question on the custom grading for the lots, based on the wooded nature of the property we are proposed to do the two building removals, for the two small existing homes that are on the property. We would do that but we would leave it up to the builders to custom grading each pad. Not all 4 pads at once. Other than that we're just here to answer any questions that the Planning Commission may have. Keefe: What type of houses are you looking at having built on here? Peter Knaeble: Well we're not the builders. ...builders and I would expect typical two story, upright kind of houses. 11 63AAAas Planning Commission Meeting — December 6, 2005 Keefe: Three stall garage? Peter Knaeble: Correct. McDonald: Mark? Nothing? Deborah? No? Okay. Thank you. Okay, this is a public meeting and with this I will now throw it open to the floor, if anyone wishes to come up and make comments on this proposal, please do so. State your name and address please. John Dragseth: John Dragseth, 2600 Forest Avenue, which you see as the orange property. I think Josh stated for you the resolution and the problem properly for that. I'm not going to waste the public's time hearing about that. You do have my letter. I've been, and you can take a look at that. As far as resolving issues with the County, I think that's addressed in the letter too so we'll just leave that with you on that. I'll address somewhat on a more general issue for my neighbors who are here and hopefully will come up later and talk. And that's the job that you guys are tasked to do as a board here. It is an important job. It may seem like a disconnected job at times. You're dealing with plats. You're dealing with black and white plans. But you talk about driving the site. You're actually dealing with things in the real world and neighbors, and I get to see what kind of work you did. I looked at some of the transcripts and just this last September I think it was you had a vote where you had to vote on whether someone's going to be able to tear down the second oldest house in town. And that's an important decision. That's a real world decision and you have a very similar issue tonight. I'd refer you to the plat. The front plan on the plat and you'll see a little square in the middle of that property. That probably is now the second oldest house in the County. I encourage you to go out there and take a look at that house. It's the original farm house as I understand things. I hope one of my neighbors will come up and explain to you somewhat the history of that house. There's also a number of dots on that plat. Those aren't dots. They're trees. They're big trees. The dots aren't to scale. You see 32 inches next to them. These are big oaks. They're all coming down. If you guys vote that way. They will all come down. And they'll be replaced with 2 1h inch trees because that's all that the statute requires. Take a look at the grading plan. I encourage you to look closely. Not one of those trees will stay. Now the plan doesn't do a couple of other things justice either. It doesn't show the wetland that's south of the 2600 Forest Avenue property. I encourage you to come out and drive down my driveway and take a look. You're welcome to come in and take a look at the wetland and see where all of this water is going to be draining when these houses go up. When these driveways go up, and where the runoff will be for it. I encourage you to come and take a look at that. It's an important job that you have and I encourage you to do that. It also doesn't show, and I understand you've received an e-mail from someone on this, that this plan doesn't fit. You've got sitting on the table here a view of the entire property in yellow. That's before subdivision. Next to the lot next door, which will now be well over 4 times as large as the subdivided property. I think, is Mr. Lang here? I think he's, Ken what do you have next door? Ken Lang: 2.6 acres. John Dragseth: 2.6 acres. That's across the street to the southwest. Dan, over an acre? Dan Rathman: 1.25. 12 0 0 Planning Commission Meeting — December 6, 2005 John Dragseth: 1.25. This does not fit. I don't know what you've heard but this doesn't fit. Who else here? They're big lots around here. Stacking these things in with 15 foot setbacks on the side doesn't fit. I encourage you to consider these points because when you come in to these meetings you often get one sided views. The preparation for these meetings is one sided. The developers who work with the city planners. You send out a notice 10 days before the meeting and you have people that try to rush to hurry up and come in and get their plans together and counter that point. Also I think you don't get the full other side of it because there's a sense of fatalism. I talked to one of the neighbors. Asked if they were coming. They said no, you know this never works out anyway. And so you're not getting the entire other side of each of these fences. There's this fatalism and from reading some of the transcripts I sense a similar fatalism from the board that your charter is limited. That there's only so much you can do, and I disagree. I don't think that's true. If you look, the setback requirements. The lot size requirements. All of those are minimums. Those are things best determined by the city staff. If that's all that you had to do is figure out is if these people meet the minimums, we wouldn't need the board. City staff could do that. We could send it right up to City Council. It'd be a waste to have this level of review. You do have discretion. There's a separate requirement that these plans have to meet the larger goals for the city and I suggest that this one does not. Given that what I've told you. Given hopefully what some of the other neighbors will tell you. Now you're basically here to provide reasonable limits. That's what you have to do. You do have power here. You're not powerless to come out and take a look at this plan and see what it's going to do. Take a look at those trees. Take a look at Ken Lang's property where the trees are staying up. You're not powerless to come out to look at the surrounding homes and see that these aren't going to fit. That the spacing doesn't match. That these things are stacked in here. That we're trying to turn an older neighborhood into a cookie cutter neighborhood. You're not powerless to come out and see that these aren't just dots on a plan. That they're trees that are going to be cut down. You're not powerless to come out and see how these additional houses are going to cause added runoff into the wetland. That doesn't show up on the plat that you've been provided. And you're not powerless to push this project back so that you have time to do that. There's an overlap problem here. It's been recognized. You can use that to give yourself a chance to figure out what this project is and what it will do and whether it makes sense. And I hope that you truly do understand that you do have this power. I know that you know that approval of the current plan is not the right thing to do, and I hope that some of my neighbors will come up and help explain further why it's not the right thing to do. Thank you. McDonald: Thank you. Does anyone else wish to make comment? Okay, seeing no one else come forward, we'll close the public meeting on this issue and we will bring it back to the council for deliberation. Kurt? Papke: No. McDonald: Mark? Undestad: Well ... I think one of the comments was made about everything is at minimums on there. It looks like lot sizes are above minimums. ...above minimums. My question on the trees out there, I think the applicant answered on the grading issue. If they custom grade each lot, they don't have to go in there and mow all these trees down right away until they get a custom builder 13 Planning Commission Meett•— December 6, 2005 • to design something on that site. Which I believe is the plan for there. Yeah, it's another one of the new developments in the middle of the neighborhood again, which we've been seeing more and more of. It's all that's left out there. You know staff does spend a lot of time with the applicant directly, and you don't have a lot of time to bring it up here to argue your points on here. The comment about how much can we do up here? It is our job to see does this fit? Is it in the guidelines? And this seems, in my opinion it seems to be in the guidelines of meeting all the setbacks... That's it for me. McDonald: Okay. Dan. Keefe: Yeah, just in regards to the grading and what they're calling tree preservation plan. It isn't clear to me which trees are being saved. I mean there are, as the audience members aid, there are a number of dots on here but it does look like they are saving a number, or attempting to save a number of the trees. Is that a fair statement? Particularly it looks like you know 30 inch oak, 26 inch oak, 24 inch oak, 22 inch oak. On the south end of, you know Josh maybe you can sort of point out what's there. There will definitely be some that come out but. Undestad: ...if they custom grade the lots... Keefe: Right. Metzen I believe anything outside of the dashed lines here will be saved. The City Forester is also requiring that 19 trees be planted in replacement of the trees that are being removed. City ordinance requires a minimum canopy coverage per lot on residential properties and determined on the amount of trees that are being removed, City Forester determined that 19 trees planted over the development is sufficient. Undestad: Josh real quick on the canopy coverage on there. We're losing 1,089 square feet of canopy coverage on this? Generous: If I may, that's just a way to calculate based on the area of canopy. You have to remember the trees. It was developed in the early to mid 90's. It's just a way to enumerate it. Undestad: You're taking out one big tree that has 3,000 square feet. Generous: Yeah, well we use that 3,000 square feet of area and then you divide that by 1,089 to tell you how many trees to replace that one tree there. That's right now. Now in the future when they come in to custom grade the lots, they take out trees that they're supposed to preserve, then there's a 2 to 1 replacement and that can be based on caliper inches so. And that could get, if they exceed what they're supposed to, you could get quite a few trees. Keefe: The way I look at this, it looks like a 26 inch maple would come down... probably a 36 inch white pine. It looks like it would come down. And it looks like, and a 26 inch maple. So you've got the 3 that are kind of towards the middle there, but what would be saved is a 30 inch oak, 24 inch oak, 22 inch oak. 26 inch oak. 20 inch spruce. Is that what that is? 20 inch spruce. So at least from what I can tell in terms of the really large significant trees, yes. You are going 14 Planning Commission Meng — December 6, 2005 • to lose 2-3. But actually there's going to be an effort to save the both of them, at least from what I can tell on the plan. In terms of the lot size there, and they do exceed the minimum and yes they'll definitely be somewhat different if all of the lots adjacent to it are 1 plus acre lots. We're going to be going to smaller lot sizes. It does meet the ordinance so... McDonald: Deborah. Zorn: Bob and Josh, to what extent is the neighborhood sized lots, how were they considered against the ordinance? In this neighborhood it seems that the average seems to be around at least an acre and often times people move to a community, a neighborhood because of the lot size. And I can see why their neighbors that were quite concerned that this is really just changing the feel of the neighborhood. Metzer: Technically the reason they're permitted to subdivide to lower lots than surrounding properties happen to be, you know it's zoned single family residential. Minimum lot size 15,000 square feet. It's land use designation is residential low density. 1.2 to 4 units per acre. It's, they're permitted the right to subdivide down to, so if they meet the minimum requirements as said, you know staff recommends approval. Zom: So as you're working with the developer, do you ask them to take into consideration characteristics of the neighborhood? Or do you simply advise them to seek the minimum? Generous: We do work with them. Actually they came in with 5 lots and so we did talk them down into the 4 lots. Unfortunately the zoning ordinance doesn't permit that per se. It gives you the standards. You try to build it in. We look more from health safety standards. Is the drainage going to work? Are they going to create, over shadowing, over dominance on the neighboring properties with this development. If you look just to the west across Forest, you have same lot size. Probably smaller lots in there within this proposed development so. Over time yes, people who bought a long time ago, that's the way their land was split up. It has, they retire or they have the same rights to come in through the process and if they comply with the ordinance, you can't stop them. Unless you purchase the property. Zorn: Okay, thanks. No other comments. McDonald: Kurt. Papke: I think the developer has actually done a pretty good job. I don't think we've seen one in a while that's had these dotted lines showing the saved tree area. This is actually a pretty nicely drawn up plan, although it is somewhat ambiguous as to which ones will be saved and which ones will be cut down. Some of them are obvious that they're going to go but would have been nice to have a table or something in here so we know exactly which ones stay and which ones go. It's unfortunate that we're going to lose another old house in the community. Unfortunately unless it's registered historical landmark, there's nothing much the Planning Commission can do about it so, it's a pity but that's the way it goes so I think this one seems to meet all the conditions. It really doesn't border on the, any of the setbacks or anything like that. I think it's a reasonable plan. 15 0 0 Planning Commission Meeting — December 6, 2005 McDonald: I guess the only comments I have is, I want to address the e-mail that was sent to us and also your comments about what powers we actually have and what we can actually do. You brought up the example of the home within this neighborhood that we went over about a month and a half ago. It really comes down to individual property rights. We can only look at certain limits and say that you can't go below these minimums. That is the only thing that we can really do as far as controlling how you use your land. Ordinance for nuisances and those types of things. Other than that, everyone within this neighborhood has the right, if they can meet the zoning requirements, to subdivide their land and you will probably see more of this. This is not the first one of these that we have seen. We're seeing them in most of the older sections of Chanhassen because when it was first put together the lot sizes were quite large and now what's happening is, as people retire, that becomes their more or less savings account and they want to cash in. They have the right to do that as long as they meet certain requirements. We cannot just arbitrarily as a Planning Commission stop a project such as this unless it does not meet the requirements that we have within the city ordinances. So we cannot just stop things in order for us to look at it and determine how does it fit within a neighborhood. The ordinances are not built around that. The ordinances are built lots and lot sizes and setbacks and those types of issues that at least within a community it stops someone from coming in and chopping these things up into say triple the size you have here. There are minimums you have to meet. That is all we can oversee in this. Our role is not exactly a rubber stamp as you would maybe think because we end up voting for this. Part of this is the public meeting. This is the public's opportunity to come forward and also question the judgment of staff. Staff comes to us and what the report tells us is, based upon city ordinances, this is what's met. These are the problems we're having or you know these are the concessions that are being made in this particular project. It was not an easy decision for this commission to agree to tear down the house that I think goes back to like 1820 or something, but as Kurt said, it's not our property. It is not on any kind of a register or rolls or anything such as that. It belonged to an individual and he had the right to do with his property as he wished as long as he met the conditions of city ordinances. It's the same situation here. What a developer has brought to us is a plan that is compliant with city ordinances. It meets the requirements. And I'm afraid we do not have a lot of discretion to stop that plan. If you feel strongly that this is wrong, then the next step is to go to City Council which at that point they have the wherewithal to change or to recommend and make changes to these plans. All we can do is go by what the ordinance says. And I think with that, then we'll bring it back. Anyone want to give me a recommendation on this? Papke: Mr. Chair, I make a motion that the Planning Commission recommends approval of the preliminary plat for Planning Case 05-42, Orchard Green for 4 single family lots as shown on the plans prepared by Terra Engineering and stamped Received November 4, 2005, subject to conditions 1 through 22. McDonald: Do I have a second? Undestad: Second. Papke moved, Undestad seconded that the Planning Commission recommends approval of the preliminary plat for Planning Case 0542, Orchard Green for 4 single family lots as IR 0 0 Planning Commission Meeting — December 6, 2005 shown on the plans prepared by Terra Engineering and stamped "Received November 4, 2005", subject to the following conditions: 1. Applicant shall submit a landscaping plan showing 19 trees as replacement plantings. Plan shall specify size, species, and locations. 2. All areas outside of grading limits shall be protected by tree preservation fencing. Fencing shall be installed prior to grading and excavation for homes on each lot. Any trees shown as preserved that are removed or damaged shall be replaced at a rate of 2:1 diameter inches. 3. The water and sanitary hook-ups for lot 2 must be moved to the driveway in order to preserve the 12" maple. 4. The developer must obtain all permits necessary to remove the existing homes. 5. The grading plan must be revised as follows: a. All proposed contours must tie in to existing contours, particularly the 992', 990' and 988' contours on the west side of Lot 1; and the 996', 994' and 992' contours on the east side of Lot 3. b. Staff recommends that the low floor elevations for Lots 1 and 2 be lowered one foot to achieve an 8 foot walkout. Staff recommends that steps be installed in the garage on Lots 3 and 4 to achieve an 8 foot walkout. c. A drainage breakpoint elevation must be shown northeast of the building pad corner on Lot 3. 6. Hydrology calculations must be submitted and shall include pre- and post -development volume and peak discharge rates for the 2, 10 and 100 year rainfall events. 7. Any proposed retaining wall over four feet high requires a building permit and must be designed by a Professional Engineer registered in the State of Minnesota. 8. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 9. The developer must acquire a Work in Right of Way Permit from the Engineering Department before commencing work in the right of way and shall submit a financial security to ensure that Orchard Lane and Forest Avenue are properly restored after the services have been installed. 10. The developer shall pay the $29,298.00 trunk and lateral water and sewer fees in cash with the final plat or assess them to the lots within the proposed development. The lateral connection charges can be assessed at 8% for 8 years. The trunk hookup charges can be assessed at 8% for 4 years. 11. Detailed grading, drainage, tree removal and erosion control plans must be submitted with the building permit for each lot. 17 0 0 Planning Commission Meeting — December 6, 2005 12. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA and the Watershed District. 13. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (maximum time an area cau moan tmvegetatea when area is not actively being worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 14. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 15. The plans shall be revised to show the location(s) of the rock construction entrance(s). 16. The plans shall be revised to expand the drainage and utility easement in a straight line from the point where the 978 elevation intersects the east lot line of Lot 4, Block 1, to where the 978 elevation intersects the 20' sanitary sewer easement at the southern edge of Lot 4, Block 1. Standard drainage & utility easements shall be dedicated in all other locations. 17. Based on the proposed developed area of approximately 2.02 acres, the water quality fees associated with this project are $2,208; the water quantity fees are approximately $5,464. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $7,672. 18. In the absence of parkland dedication, it is recommended that Orchard Green pay full park dedication fees at the rate in force upon final platting. At today's rate, these fees would total $16,000 (4 lots x $4,000). 19. Demolition permits must be obtained before demolishing any existing structures. 20. Provide a cleanout on the sewer service for Lot 3. 21. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 18 0 0 Planning Commission Meeting — December 6, 2005 22. The applicant shall resolve all property line disputes through legal verification with Carver County prior to Final Plat submittal. All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: Public Present: Name Address Patty & Craig Mullen Chanhassen Heather & Derek Benson Chanhassen Martin Schutrop Chanhassen Bob Generous presented the staff report on this item. McDonald: Who wants to start? Papke: I'll start. First I'll start with an easy one. Middle of page 4, right above the development design standards. Additionally the development provides an integrated, and integrated what? Okay, I'll let you think on that one a little bit. Next one. The construction entrance, if I understand things correctly, and maybe you can point out on a drawing exactly where it is, looks to be pretty close to the current 3 way stop with 101 and Lyman. Is that correct? Generous: Yes. Papke: So, are you anticipating any traffic problems with that? I mean it just, people have been driving through there for a long time and they're not used to seeing people tum in at that spot. You know I understand from one perspective that's where you want them, it will kind of tum into a 4 way stop. Is that the intent there? Oehme: I'm sorry, on Lyman? Papke: Yeah, the construction entrance where it intersects Lyman, that will basically take the current 101 and Lyman intersection from a 3 way to, it will kind of make it into a 4 way stop. Is it directly in line with the existing 101 or slightly off set or? Oehme: Yeah, actually in conjunction with the 212 project, that whole intersection's going to be shifted over approximately I think 60 feet from it's current center line alignment. There will be 19 OLSON, USSET & WEINGARDEN P.L.L.P. PAUL A. WEINGARDEN• DAVID J. USSET THOMAS B. OLSON" DENNIS E. DALEN DANIEL M. FISKUM 'MSBA CERTRTED REAL PROPERTY SPECIALIST "MSBA CERTTFIED CIVR. LSPEC Un OUR FILE NO. 11633 VIA TELEFAX AND MAIL Mr. John Dragseth 3300 Dain Rauscher Plaza 60 South 6`h Street Minneapolis, MN 55402 ATTORNEYS AT LAW SUITE 300 45M PARK GLEN ROAD MINNEAPOLIS, MN 55416 TELEPHONE (612)925-3644 FAX (612)9255879 October 27, 2000 Re: Boundary Line Matters Our Clients: Dean and Jessica Paxton and Duane and Sandra Johnson Dear Mr. Dragseth: LEGAL ASSISTANTS SHIRLEE ALLEN DEBRA BAKKE KIM FORTIN CARRIE OLSON BONNIE TRONNES ROCKFORD OFFICE TELEPHONE (612)477-5010 In follow up to our previous correspondence, our office represents Dean and Jessica Paxton and Duane and Sandra Johnson regarding the difficulties everyone has experienced regarding the location of your north property line in relation to our clients' south property lines. I have now had an opportunity to investigate these matters more fully and the following is a summary of what I have determined and my conclusions. I begin by enclosing: 1. A copy of our clients' survey. Although this survey actually is of the Johnson property, it also delineates and shows all boundary lines of the Paxton property, as well as to illustrate all markers. 2. A copy of the Report of Examiner issued In the Matter of the Application of Livingston, Carver County District Court File No. T-676. 3. A copy of the Order and Decree of Registration entered in Carver County District Court File No. T-676. As you are aware, both of our clients own registered land, title to both parcels having been registered in 1989 in the Livingston Application referred to above. In that action, what is now the Johnson parcel was referred to as Parcel 2; what is now the Paxton parcel is referred to as Parcel 3. Although I have not seen your survey, I have been advised that your property was surveyed and shows an overlap of approximately 10 - 16 feet on the Johnson and Paxton land and on land to the east. This precipitated concern on everyone's part and resulted in our clients having gone through the expense of having their land surveyed and engaging our office to investigate this matter. October 27, 2000 Page 2 You make reference in your correspondence to what you consider to be the "worst-case scenario" line and, having not seen your survey, I am unsure exactly what line you consider to be a worst- case scenario from your point of view. Nevertheless, from my investigations, it is evident that in this area ambiguous and/or conflicting legal descriptions have been used causing gaps and/or overlaps between adjoining parcels. I have also concluded that our clients' southerly boundary, as depicted in their survey, has been adjudicated and our clients hold legal title to all the land depicted in their survey. I base these conclusions on the following: SURVEY MATTERS. You will note the surveyor "found" iron ID pipes on all four corners of the Paxton property and three of the five corners of the Johnson property. In other words, our clients' surveyor confirmed what previous surveyors had already determined in this area. In addition, I have reviewed the plat of Huntington Park which was filed in 1977. The west line of that plat corresponds exactly in length, bearing and location with the east line of the Paxton property. In speaking with the surveyor, he indicated the lands to the east of the Paxton property (Huntington Park), our clients' properties and the property to the west of our clients all tie together based upon the location of the southwest corner of Lot 2, Block 1, Huntington Park, as monumented. You have raised the question as to whether or not that southwest corner has been correctly marked. The surveyor indicated he has no reason to believe that southwest corner was misplaced. Your legal description does not rely on that corner nor on the location of Huntington Park, and just because your legal description may overlap with Huntington Park does not mean that corner is incorrectly marked. In short, the surveys and plats I have reviewed indicate that the legal descriptions of the parcels of land immediately to your north are all consistent with one another and tie together. In addition, these legal descriptions are based on monumentation that has been in place for over 20 years. REGISTRATION ACTION. Notwithstanding the survey matters discussed above, your legal description appears to overlap properties to the north, including our clients' land. Insofar as the Johnson and Paxton properties are concerned, this overlap issue was adjudicated in Carver County District Court File No. T-676. I have had an opportunity to review the entire court file and I saw nothing unusual or deficient regarding that registration action. The application was filed with the District Court on October 25, 1989. A certified copy of the Application was filed with the Carver County Recorder as Document No. 100471, placing the world on notice of that action. October 27, 2000 Page 3 I did not find a survey in the court file, although it is obvious the legal descriptions were based on a survey. See the legal descriptions attached to the Report of Examiner. The Report of Examiner notes that ambiguous, conflicting or insufficient legal descriptions were a problem in this area and this may have been the motivating factor in this registration action having been undertaken. In particular, note paragraphs 13 and 14 of the Report. It is noted that there may have been a "shortage" on the south line of Parcels 2 and 3. In addition, the Examiner noted the property to the south (presumably what you now own) had an ambiguous legal description. For these reasons, the examiner required that Rose J. Dobbin be named as a defendant as she was the last person to own, in its entirety, all of Lots 34 and 35 of Minnewashta Park. In addition, the examiner required that Marcia Will be named as a defendant, as she was the record owner of the property to the south. Thus, the overlap issue was specifically called into question within the scope of this registration action and jurisdiction was obtained over the proper parties to adjudicate that issue. I also believe that service of process was properly completed on all defendants. You indicated you had heard that publication had not been completed in this action as required by law, and that is not true. An affidavit of publication appears in the court file indicating that the land title summons was properly published. Note also paragraph 18 of the Findings of Fact in the Order and Decree of Registration. The court made a finding that to the extent the applicants did not have record title to the south line, title had been acquired via adverse possession. This issue has already been adjudicated. For these reasons I do not believe that our clients' south lines as depicted on the survey are in dispute, notwithstanding the fact that your legal description may overlap that line. That issue was specifically addressed and adjudicated eleven years ago. We would once again ask that you honor our clients' adjudicated property line. It is our position, as well as our clients ',that there is no question as to the location and ownership of our clients' south lines. After you have had an opportunity to review this letter and the enclosed documents, please feel free to contact me. Sincerely, David J. Usset DJU:sa Enclosures cc: clients CITY OF CHANHASSEN STAFF REPORT PC DATE: December 6, 2005 CC DATE: January 9, 2006 REVIEW DEADLINE: January 3, 2006 CASE #: 05-42 BY: JM, LH, JS, AM, TH, ST off` PROPOSAL: Preliminary Plat to subdivide two lots with an area of 2.02 acres into four (4) single-family lots on property zoned Single Family Residential (RSF) — ORCHARD GREEN LOCATION: 2611 & 2621 Orchard Lane Excelsior, MN 55331 APPLICANT: Peter Knaeble 6001 Glenwood Avenue Golden Valley, MN 55422 PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential Low Density (Net Density 1.2 — 4.0 units per acre) ACREAGE: 2.02 acres DENSITY: 1.98 Units per Acre Gross & Net SUMMARY OF REQUEST: Subdivision of two lots with an area of 2.02 acres into 4 single- family lots on property zoned Single Family Residential (RSF). Staff is recommending approval of the request. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the Citv must approve the preliminary plat. This is a quasi-judicial decision. Planning Commission Orchard Green -Planning Case No. 05-42 December 6, 2005 Page 2 PROPOSAL/SUMMARY The applicant is proposing to subdivide two lots with an area of 2.02 acres into 4 single-family lots. These two existing lots shall be referred to collectively as "the property" for the remainder of this report. The subject property is located south of Orchard Lane and east of Forest Avenue. The property is zoned Single Family Residential (RSF). There are two existing single-family homes located on the property that will be demolished. State Hwy 7 Hamm Orchard Lase Orchard Lane 0 est4 e v N 3 newashta Subject Property Planning Commission Orchard Green -Planning Case No. 05-42 December 6, 2005 Page 3 PRELIMINARY PLAT The applicant is proposing to subdivide a 2.02 acre property; the gross and net density of the lots is 1.98 units per acre. All four proposed lots exceed the minimum lot area requirement of 15,000 square feet for the RSF District. The average lot size for Orchard Green is 22,058 square feet. The plans show a hard surface coverage of approximately 16,304 square feet which constitutes 18.48%. These calculations were determined by calculating the area of the four driveways shown on the preliminary plat and adding those totals to the four estimated building pad totals. The average size of a building pad in Chanhassen today is 2,226 square feet. This number was determined through a sample survey of new construction homes. All four proposed lots meet the minimum width and depth requirements of the Zoning Ordinance. There are two existing homes on the subject property that will be demolished. Access to proposed Lots 1-3 will be gained via Orchard Lane. Access to Lot 4 will be gained via Forest Avenue. Staff notes that the proposal is consistent with the Comprehensive Plan in that it is developing with single-family homes and is generally consistent with the Zoning Ordinance. WETLANDS No wetlands exist on site. EROSION AND SEDIMENT CONTROL Erosion control blanket should be installed on all slopes greater than or equal to 3:1. All exposed soil areas should have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (maximum tlme an area can remain unvegetated when area is not active) bei worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days Street cleaning of soil tracked onto public streets should include daily street scraping and street sweeping as needed. Rock construction entrances are not currently illustrated on plans. The plans should be revised to show the location(s) of the rock construction entrance(s). EASEMENTS In 2005, the City of Chanhassen became aware of an area in the southeast corner of Lot 4, Block 1 that currently ponds during rain events and drains to the southeast through 2600 Forest Avenue Planning Commission Orchard Green -Planning Case No. 05-42 December 6, 2005 Page 4 (Dragseth Property). In order to accommodate the standing water, the plans should be revised to expand the drainage and utility easement in a straight line from the point where the 978 elevation intersects the east lot line of Lot 4, Block 1, to where the 978 elevation intersects the 20' sanitary sewer easement at the southern edge of Lot 4, Block 1. When and/or if adjacent properties develop, it is intended that this easement provide some land for future storm water ponding in the southeast comer of the site. Standard drainage & utility easements shall be dedicated in all other locations on the final plat. SURFACE WATER MANAGEMENT FEES Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $1,093/acre. Based on the proposed developed area of approximately 2.02 acres, the water quality fees associated with this project are $2,208. Water Quantity Fees The Surface Water Management Plan (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 $2,705 per developable acre. This results in a water quantity fee of approximately $5,464 for the proposed development. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $7,672. GRADING, DRAINAGE & EROSION CONTROL The 2.02 -acre site currently has two single-family homes on moderate slopes that are sparsely wooded. The existing houses and driveways will be removed and four new homes are proposed to be constructed. The high point of the site is where the home on 2611 Orchard Lane lies. The proposed grading generally maintains the existing drainage pattern. The low area on the southeast comer of the site has held runoff for a period of time after significant rainfall events; therefore, staff recommends that the developer plat a drainage and utility easement along the 978' contour. The grading plan must be revised as follows: a) All proposed contours must tie in to existing contours, particularly the 992', 990' and 988' contours on the west side of Lot 1; and the 996', 994' and 992' contours on the east side of Lot 3. Planning Commission Orchard Green -Planning Case No. 05-42 December 6, 2005 Page 5 b) Staff recommends that the low floor elevations for Lots 1 and 2 be lowered one foot to achieve an 8 -foot walkout. Staff recommends that steps be installed in the garage on Lots 3 and 4 to achieve an 8 -foot walkout. c) A drainage breakpoint elevation must be shown northeast of the building pad corner on Lot 3. Hydrology calculations must be submitted and shall include pre- and post -development volume and peak discharge rates for the 2, 10 and 100 -year rainfall events. The plan does not identify any retaining walls. Any proposed retaining wall over four feet high requires a building permit and must be designed by a Professional Engineer registered in the State of Minnesota. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. UTILITIES There are three existing water services and two existing sanitary sewer services to the site. The water service for Lot 4 must be extended from the lateral watermain within Forest Avenue, not the 6 -inch hydrant lead. The developer must acquire a Work in Right -of -Way Permit from the Engineering Department before commencing work in the right-of-way and shall submit a financial security to ensure that Orchard Lane and Forest Avenue are properly restored after the services have been installed. According to the City's Finance Department records, each parent parcel was assessed for one sanitary sewer and watermain service; therefore, the lateral connection fee and trunk hook-up fee for sanitary sewer and water must be paid for two parcels. Based on the 2005 rates, these fees are calculated as follow: [$2,955.00/unit + $1,458.00/unit+ $5,118.00/unit+ $5,118.00/unit] x 2 units = $29,298.00 Trunk Water Trunk Sewer lateral Water Lateral Sewer Hookup Charge Hookup Charge Connection Charge Connection Charge The developer shall pay these fees in cash with the final plat or assess them to the lots within the proposed development. The lateral connection charges can be assessed at 8% for 8 years. The trunk hookup charges can be assessed at 8% for 4 years. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA and the Watershed District. Planning Commission Orchard Green -Planning Case No. 05-42 December 6, 2005 Page 6 STREETS Orchard Lane and Forest Avenue are local streets within a 60 -foot wide right-of-way. The paved width of Orchard Lane is 22 feet and 24 feet on Forest Avenue. There are no street improvements associated with this project. PARKS The property is situated directly north of Herman Field Park. This neighborhood park, developed in the early 1990's, features a playground, open play fields, nature areas, an informal trail access to Minnewashta Regional Park, and a vehicle parking lot. Access to the park from the four new homes will be very convenient. No additional parkland acquisition or dedication is recommended as a condition of this subdivision request. TRAILS This property does not abut any city trail sections. The nearest trail is located to the north and west of the property adjacent to State Highway 7. Residents occupying the new homes can access this trail by traveling on Orchard Lane to North Manor. In the absence of parkland dedication, it is recommended that Orchard Green pay full park dedication fees at the rate in force upon final platting. At today's rate, these fees would total $16,000 (4 lots x $4,000). TREE PRESERVATION/LANDSCAPING Tree canopy coverage and preservation calculations for the Orchard Green development are as follows: Total upland area (including outlots) 2.02 ac or 87,991 SF Total canopy area (excluding wetlands) .65 ac or 28,314 SF Baseline canopy coverage 32% Minimum canopy coverage allowed 30% or .6 ac. Proposed tree preservation 10% or .2 ac. Developer does not meet minimum canopy coverage allowed, therefore the difference is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage 17,424 SF Multiplier 1.2 Total replacement 20,909 SF Total number of trees to be planted 19 trees A replacement planting plan must be submitted to the city for approval. Included in the plan shall be location, species and size of replacements. All replacements must meet minimum size requirements. Planning Commission Orchard Green -Planning Case No. 05-42 December 6, 2005 Page 7 Increased tree preservation in the rear yards of lots 2 and 3 could be achieved by sighting the homes at the 30 -foot front yard setback instead of pushing them farther to the back of the lots as shown on the plans. COMPLIANCE WITH ORDINANCE — RSF DISTRICT SUBDIVISION FINDINGS The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and zoning ordinance. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with all applicable city, county and regional plans including the city's comprehensive plan and subdivision ordinance. 3. The physical characteristics of the site, including but not limited to the topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions of specified in this report. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Lot Area Lot Frontage Lot Depth Proposed Site Coverage Maximum Site Coverage Setbacks Ordinance 15,000 ft2 90' 125' 25% 30' front/rear 10' sides Lot 1 20,981 ft2 94' 221' 3,726 (17.76%) 5,245 30'/30'/10' Lot 2 19,931 ft2 93' 216' 4,026 (20.2%) 4,982 30'/30'/10' Lot 3 20,694 ft2 92' 224' 4,226 (20.42%) 5,173 30730710' Lot 4 26,627 ft2 100' 255' 4,326 (16.25%) 6,656 30'/30'/10' Total 88,233 ft2 16,304 (18.48%) 22,058 SUBDIVISION FINDINGS The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and zoning ordinance. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with all applicable city, county and regional plans including the city's comprehensive plan and subdivision ordinance. 3. The physical characteristics of the site, including but not limited to the topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions of specified in this report. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Planning Commission Orchard Green -Planning Case No. 05-42 December 6, 2005 Page 8 Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record; Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of the preliminary plat for Planning Case 05-42, Orchard Green, for 4 single-family lots as shown on the plans prepared by Terra Engineering, Inc. and stamped "Received November 4, 2005", subject to the following conditions: 1. Applicant shall submit a landscaping plan showing 19 trees as replacement plantings. Plan shall specify size, species, and locations. 2. All areas outside of grading limits shall be protected by tree preservation fencing. Fencing shall be installed prior to grading and excavation for homes on each lot. Any trees shown as preserved that are removed or damaged shall be replaced at a rate of 2:1 diameter inches. 3. The water and sanitary hook-ups for lot 2 must be moved to the driveway in order to preserve the 12" maple. 4. The developer must obtain all permits necessary to remove the existing homes. 5. The grading plan must be revised as follows: Planning Commission Orchard Green -Planning Case No. 0542 December 6, 2005 Page 9 a. All proposed contours must tie in to existing contours, particularly the 992', 990' and 988' contours on the west side of Lot 1; and the 996', 994' and 992' contours on the east side of Lot 3. b. Staff recommends that the low floor elevations for Lots 1 and 2 be lowered one foot to achieve an 8 foot walkout. Staff recommends that steps be installed in the garage on Lots 3 and 4 to achieve an 8 foot walkout. c. A drainage breakpoint elevation must be shown northeast of the building pad comer on Lot 3. 6. Hydrology calculations must be submitted and shall include pre- and post -development volume and peak discharge rates for the 2, 10 and 100 year rainfall events. 7. Any proposed retaining wall over four feet high requires a building permit and must be designed by a Professional Engineer registered in the State of Minnesota. 8. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 9. The developer must acquire a Work in Right of Way Permit from the Engineering Department before commencing work in the right of way and shall submit a financial security to ensure that Orchard Lane and Forest Avenue are properly restored after the services have been installed. 10. The developer shall pay the $29,298.00 trunk and lateral water and sewer fees in cash with the final plat or assess them to the lots within the proposed development. The lateral connection charges can be assessed at 8% for 8 years. The trunk hookup charges can be assessed at 8% for 4 years. 11. Detailed grading, drainage, tree removal and erosion control plans must be submitted with the building permit for each lot. 12. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA and the Watershed District. 13. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (maximum lime an area can remain unvegetated when area is not active bei worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Das Flatter than 10:1 21 Days Planning Commission Orchard Green -Planning Case No. 05-42 December 6, 2005 Page 10 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. 14. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 15. The plans shall be revised to show the location(s) of the rock construction entrance(s). 16. The plans shall be revised to expand the drainage and utility easement in a straight line from the point where the 978 elevation intersects the east lot line of Lot 4, Block 1, to where the 978 elevation intersects the 20' sanitary sewer easement at the southern edge of Lot 4, Block 1. Standard drainage & utility easements shall be dedicated in all other locations. 17. Based on the proposed developed area of approximately 2.02 acres, the water quality fees associated with this project are $2,208; the water quantity fees are approximately $5,464. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $7,672. 18. In the absence of parkland dedication, it is recommended that Orchard Green pay full park dedication fees at the rate in force upon final platting. At today's rate, these fees would total $16,000 (4 lots x $4,000). 19. Demolition permits must be obtained before demolishing any existing structures. 20. Provide a cleanout on the sewer service for Lot 3. 21. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Public Hearing Notice and Affidavit of Mailing. 4. Surveys stamped "Received November 4, 2005". 5. Preliminary Plat documents stamped "Received November 4,2005" gAplant2005 planning cases\0542 orchard 1p a \staff mport.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Enterprise Rent-A-Car for a Conditional Use Permit to rent automobiles on property zoned Highway and Business District (BH) at 225 West 79th Street— Planning Case No. 05-41. On December 6, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Enterprise Rent-A-Car for a Conditional Use Permit to rent automobiles on property zoned Highway and Business District (BH) at 225 West 79th Street. The Planning Commission conducted a public hearing on the proposed conditional use permit that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Highway and Business District (BH). 2. The property has a Land Use Designation of Commercial. 3. The legal description of the property is: Lot 3, Block 1, Gateway East. 4. The Planning Commission shall recommend a conditional use permit and the council shall issue such conditional use permit only if it finds that such use at the proposed location: a. Will not be detrimental to or damage the public health, safety, comfort, convenience or general welfare of the neighborhood of the city. b. Will be consistent with the objectives of the city's comprehensive plan and this chapter. c. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. Will not be hazardous or disturbing to existing or planned neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and 1 services provided by the persons or agencies responsible for the establishment of the proposed use. f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and condition of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. Will have vehicular approaches to the property that do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. Will be aesthetically compatible with the area. k. Will not depreciate surrounding property values. 1. Will meet standards prescribed for certain uses as provided in this article. 5. The planning report #05-41 conditional use permit dated December 6, 2005, prepared by Josh Metzer, et al, is incorporated herein. ACTION The Chanhassen Planning Commission approves Conditional Use Permit #05-41 to rent automobiles on property zoned Highway and Business District (BIT). ADOPTED by the Chanhassen Planning Commission on this 6th day of December, 2005. CHANHASSEN PLANNING COMMISSION M Planning Commission Chairperson gAplan\2005 planning cases\05-41 enterprise rent -a -car cupVindings of fact.doc 2 EXHIBIT A LEGAL DESCRIPTION: That part of Lots 34 and 35, Minnewashta Park, Carver County, Minnesota, according to the recorded plat thereof, described as follows: Beginning at the southwest corner of Lot 2, Block 1, Huntington Park, according to the recorded plat thereof; thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet, to the northerly line of said Lot 35; thence southwesterly a distance of 137.27 feet, along said northerly line, on a curve, not tangent with the last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes 01 seconds West; thence South 67 degrees 25 minutes 19 seconds West, along said northerly line, a distance of 53.60 feet; thence South 15 degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 seconds West from the point of beginning; thence North 74 degrees 50 minutes 06 seconds East a distance of 167.70 feet, to the point of beginning. Together with an easement for ingress and egress purposes to Forest Avenue over and across that part of said Lots 34 and 35 which lies northerly of the westerly extension of the southerly line of the above-described parcel and lying southerly of a line 25.00 feet northerly of, measured at a right angle to and parallel with the above-described line, as established by Order Document No. T60786. D That part of Lots 34 and 35, Minnewashta Park, Carver County, Minnesota, according to the recorded plat thereof; described as follows: Commencing at the southwest comer of Lot 2, Block 1, Huntington Park, according to the recorded plat thereof; thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet, to the northerly line of said Lot 35; thence southwesterly a distance of 137.27 feet, along said northerly line, on a curve, not tangent with the last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes 01 seconds West; thence South 67 degrees 25 minutes 19 seconds West, along said northerly line, a distance of 141.61 feet to the point of beginning of the land to be described; thence North 67 degrees 25 minutes 19 seconds East, along said Northerly line, a distance of 88.01 feet; thence South 15 degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 seconds West from the point of beginning; thence North 74 degrees 50 minutes 06 seconds East a distance of 167.70 feet, to the point of beginning. CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Applicant Name and Address: Contact: P,4., K Phone: 761-J- 9i::Fj5Ls- Fax. 2L;-sl2--o?17 Email: a S 1�@ ct+4 ^,+ Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Site Plan Review' _ Subdivision` ¢boo 4 6rf/104- - 176&0 Planning Case No. O'er - 4,;L - CITY OF CHANHASSEN RECEIVED NOV 0 4 2005 CHANHASSEN PLANNING DEPT Owner Name and Address: V4vnQ- Jo, -5 0 L�L( Crr�.�K (f+•.�- G�oa�, �.✓ j SSjI Contact: Ka-,� z Phone: ctz- j»- o66z Fax: — Email: Temporary Sales Permit Vacation of Right-of-Way/Easements Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment 6 Notification Sign" - $75 + $100 Damage Deposit X Escrow for Filing Fees/Attorney Cost"` - $5D CUP/SPRNACNAR/WAP/Metes & Bounds 45 inor SUB TOTAL FEE$ 4ILP/3� Ct---* IO0.3 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing.g.I,, Twenty-six (76) full-size folded copies of the plans must be submitted, including an 8%," X 11" reduced copy for each plan sheet along with a digital cop v in TIFF -Group 4 (`.fio format. " Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. " Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED F171 - Y '-o FROM : T=RRR ENGINEERING INC. FAX NO. 763-512-0717 Nov. 03 2005 11:23RM PS PROJECT NAME; G r '4 a.(�;r °' LOCATION: u I( d— 2-4 2( O rcAa,.eZ LEGAL DESCRIPTION: S -e k- a4"/ 1, , 415 TOTAL ACREAGE: Z D Z WETLANDS PRESENT: YES r' NO PRESENTZONING: 6'L5 f Fc REQUESTED ZONING: PRESENT LAND USE DESIGNATION: f C es -C¢ 1 +-o I g.l REQUESTED LAND USE DESIGNATION: sck REASON FOR REQUEST: '57 1i O/ S= o._. y � � y I a� This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should Confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to, your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Date ii ,-05 Date Rev, 4M SCANNED CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on November 23, 2005, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Orchard Green — Planning Case No. 05-42 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and swoyn to before me this Z eday of M 2005. Not Publi C Kare J. Engel ardt Deput Jerk KIM T. MEUMSSEN Notary Public -Minnesota "• My CommWSW Expires Jen 31, 2010 SCANNED Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, December 6, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Subdivision review with Variances for four single - Proposal: family lots on property zoned Single Family Residential (RSF) ORCHARD GREEN Planning File: 05-42 Applicant: Peter Knaeble Property 2611 & 2621 Orchard Lane Location: I A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e - Questions & mail imetzer@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at htto://206.10.76.6/weblink7 the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any Interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciairndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard, Some applications due to their complexity may take several months to complete. Any person wishing to follow an Item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersontrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, lease contact the Plannina Stall person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, December 6, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Subdivision review with Variances for four single - Proposal: family lots on property zoned Single Family Residential (RSF) ORCHARD GREEN Plannin File: 05-42 Applicant: Peter Knaeble Property 2611 & 2621 Orchard Lane Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e - Questions & mail imetzer@ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at htto://206.10.76.6twoblink7 the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in wraing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public 10 speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaUndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersontrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Stall person named on the notification. Hwy 7 Subject Property This map is neither a legally recorded nap nor a survey and is hot intended to be used as are. This map is a cortptation of records, information and data located in various city, coumy. state and lades olfiar,5 and other sources regarding the area shown, and is to be used for reference W means, only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the CM does not represent Mat the GIS Data can be used for navigational. bacYJng or any other W rpose rein eractinq measurement of distmice or direction or pression in the depiction of geogrelphlc features. ff filters or dissmq roses are found please csmacl 952-227-1107. The preceding disclawneir is provided pursuant to Minnesota Statutes §060.03. Subd. 21 (20W), and the user of this nap acknowledges that the City shall net be liable for any darrages. and elpressly waives all sans, and agrees to defend. indamity, and hold harmless Me City from any and al Claims brought by User, is employees or agents. or Mid partes which ansa out ol the users access or use of data praMW, Hwy 7 Subject Property ulsclalmer This rrep is rather a legally recorded rrap nor a survey and is not intended to be used a5 one. This map is a aompilaton of records, information and data located in various city, county, state and federal offices and other mumes miladng he area shown, and is to be used for reference purposes, only. The City does not warrant Mat the Geographic Information System (GIS) Data used to prepare this rol are after free, and the City does not represent that the GIS Data can be used for navigational, tmcldng or any other purpose requiring exacting measurement of distance or direction or pression in Me depiction of geographic featuresit mors or discrepancies are found please sensors 952-227-1107, The preceding disclaimer Is provided pursuant to Ivbnnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the, City shall net be liable for any damages, arM expressly waives all claims, and agrees to defend. inderrnity, and held hamiess the Whom any old all darts brought by User, its employees or agentsor thiel Wdes whidh anso out of the users access or use ol data provided. C E JR & MARJORIE M WOOSLEY LAWRENCE C FREIBERG & NITA D MORLOCK CHARLES E III &CORRINE WOOSLEY PAMELYN M FREIBERG 5020 PAGE AVE NE 4783 HAMILTON RD 2730 ORCHARD LN ST MICHAEL, MN 55376 -8951 HOPKINS , MN 55343 -3515 EXCELSIOR. MN 55331 -7808 TRENT S C & NANCY J FRAZIER RICHARD J & YVONNE A BROWN WILLIAM G & SUZANNE M JOHNSON 2540 ORCHARD LN 2630 ORCHARD LN 2670 ORCHARD LN EXCELSIOR, MN 55331 -7801 EXCELSIOR, MN 56331 -7804 EXCELSIOR, MN 55331 -7804 SCOTT C & KATHLEEN L OLSETH BRADLEY J & REBECCA M PLUTH W SCOTT 111 & SUSAN M LONG 2660 ORCHARD LN 6440 ORIOLE AVE 2511 ORCHARD LN EXCELSIOR, MN 55331 -7804 EXCELSIOR. MN 55331 -7809 EXCELSIOR. MN 55331 -7802 DANIEL MR N 8 NNE LINDA L CDUANE J JOHNSON JODY BERNADETTE MAJERES 828 FREMONT ST E 6450 ORIOLE AVE 2521 ORCHHARDARD LN EXCELSIOR, MN 55331 -7802 NORTHFIELD , MN 55057 -2909 EXCELSIOR, MN 55331 -7808 DUANE & SANDRA JOHNSON CHESTER BUTTERFIELD HAROLD F & TERRY J JANECKY 2621 ORCHARD LN 2671 ORCHARD LN 2661 ORCHARD LN EXCELSIOR, MN 55331 -7805 EXCELSIOR, MN 55331 -7807 EXCELSIOR, MN 55331 -7807 RALPH & EDITH LIVINGSTON KELLY R & LISA A LEWIS DONALD J & EILEEN RUOTSINOJA 2631 ORCHARD LN 2651 ORCHARD LN 6470 ORIOLE AVE EXCELSIOR, MN 55331 -7807 EXCELSIOR. MN 55331 -7807 EXCELSIOR. MN 55331 -7808 GAIL C KNUTSON ROBERT A & JOAN M RIESSLEMAN GARY SCOTT REED 2641 ORCHARD LN 6320 FOREST CIR 2471 64TH ST W EXCELSIOR, MN 55331 -7807 EXCELSIOR, MN 55331 -8859 EXCELSIOR, MN 55331 -8809 DALE JAMES & KELLY LEE HANCE KATHRYN F KLADEK TERRY W STODOLA 6480 ORIOLE AVE 7217 WEST 114TH ST 6330 FOREST CIR EXCELSIOR, MN 55331 -7808 BLOOMINGTON, MN 56438 -2479 EXCELSIOR, MN 55331 -8859 CYNTHIA PALMA KELLY KENNETH J & BETTY L LANG JOHN & RENA DRAGSETH 6331 MINNEWASHTA WOODS DR 2631 FOREST AVE 2600 FOREST AVE EXCELSIOR, MN 55331 -8897 EXCELSIOR, MN 55331 -8858 EXCELSIOR. MN 55331 -8857 WARREN & MARY LOU OLSON MATTHEW J 8 SARA J CHAPMAN KINGSTON SPURBECK 6340 FOREST CIR 6341 MINNEWASHTA WOODS DR 6350 FOREST CIR EXCELSIOR. MN 55331 8859 EXCELSIOR. MN 56331 -8897 EXCELSIOR. MN 55331 -8659 GERALD A 8 ANGELA J SCHMITZ DARRELL W 8 JUDY E HINKLIN WILLIAM M ZIEGLER 6360 FOREST CIR 6345 MINNEWASHTA WOODS DR 6441 ORIOLE AVE EXCELSIOR, MN 55331 -8859 EXCELSIOR, MN 55331 -8897 EXCELSIOR, MN 55331 -7809 Public Hearing Notification Area (500 feet) Orchard Green Planning Case No. 05-42 2611 & 2621 Orchard Lane City of Chanhassen State Hwy 7 Lane Subject Prop \ ! ) , ) a � ` | a Nim a6Alnm �3w.� U 0 #F# A sppa N&d Z+ � • A � i 3� 110 bog \ m MO. \ 6YJ 1 €NUI 1 1 aCo� \ Z \ \\ N 0 \ U' 0 ons \ \ / < w Z O `� Z z Q m C8 \ \ _ _ \FOREST AVENGE > J = W W C E IUi. OCE CD NUI 4CoS \ \ \ z I ¢ K 3� 110 bog \ m �SN&�' MO. \ 6YJ \\ �SN&�' MO. \ \ Z / I/ .;n z Z u"l O U' 0 ons \ \ / < w Z O `� Z z Q m C8 \ \ _ _ \FOREST AVENGE > J = W W C E IUi. OCE CD z I ¢ K \� Z p'2 ¢140V - KNK6 m��J � "__]•F�S� AVFtIIIE 2�6� y iVJ 2�LLVU aai+.i sass nssax SAM , 6 tit l tabu r{� 11 R MIM ,:SIM I i 4�YYl viosmn 1tSMKM f 111rW MfIIn WV1�Dtld � 8 gtl � s � viosmn 1tSMKM f 111rW MfIIn WV1�Dtld � 8 9 !I1� 1201i il WA 1 , alw� \ CC 1 �\Its i, x a a§ FOREST AVENUE \ \ 1 1; L J W U b gtl 'i 9 !I1� 1201i il WA 1 , alw� \ CC 1 �\Its i, x a a§ FOREST AVENUE \ \ 1 1; L J W U b Terra Engineering, Inc. a" CMI Ergneenng Land Plaming • CmsuMg TRANSMITTAL TO: e�•4 s '7700 /q," 6 4, d Po 'Qox I t1 -7 RECEIVED DEC 2 ,' 2005 CITY OF CHANHAS8 N DATE: iz 21q0 ELLE: O -L4 C � RE: OrLL Fret Cr to t We are sending you X Anached _ Under separate cover via The following items: COPIES DATE NO. DESCRIPTION Decr� �P THESE ARE TRANSMITTED AS CHECKED BELOW: For your approval %l For your information k As requested For your review & comment REMARKS:C�: I —I COPY TO: 13Y: A 4 U��k ENCLOSED: TRANS. ONLY 6001 Glenwood Avenue • Minneapolis, Minnesota 55422 • 763 593 9325 • Fax: 763 512 0717 ADVANCE SURVEYING & ENGINEERING CO. 5300 S Hwy. No.101 Mimetonka, MN 55345 Phone (612) 474 7964 FU(612)4749267 suRYEYFOK DEAN PAXTON SURVEYED: October, 2000 DRAFTED: October 18, 2000 LEGAL DESCRIMON: TM pat of Lob 34 and 35, Man." Park, Corer County, Moaaass, according m the recorded plat (heron( described w follows: Commencing atthe aouthwert coma of Lot 2, Block 1, Huntington Park according to the recorded plat thereof, (horse cr an mumed hearing of North I l degew 21 minutes 34 seconds West, slob$ the westerly tine of said Last 2. s did of 33690 feet, to the northerly Iia of uld Lot 35; thence so dr*=D ly adaboce of 137.27 fun, along old mrthaly UK on a cam not tamgmt with the last deacrlae l limm concave to the soathut,baWtg a radio of 1152.62 fat,, a cam rd angle of 6 degas 49 mimau 24 seconds and a chord of 137.7$ fat which ban South 70 de®m 30 momma of ameda West tbomm Soarh 67 degas 2$ mWmtm 19 uouu6 Wen, almg aid uoahaly Ime, a disbsm of 141.61 fes w the pobx *fbegbmmg of the lmd w ba 4ombe&,*Anc6 Nath 67 deum 25 moors 19 seconN Ent, along maid Nathaly Hoe, a diassmct d8tol fat; thence south Is degree o9 ,,da 16 smmds Fat, a distance of 319.67 feel, b the ialers[ctim with a Im bowing South 74 degree 50 moue 06 mounds Wet guru the pont of beginning. thence North 74 deem 50 mines 06 weonds Fir a distance, of 167.70 fat, to the point of Winnows. SCOPE OF WORK I. Showing the length and direction of boundary lion of the above legal demiptioo. 71, tmpc f,,r sstvicn dm nos include determining who you own, which is • legal trona. Pleaaa check the legal d—npbm with your record, On WnmR with Wmpetcm legal comm 1. ifnasavy, to make sure that n a correct, and Nat my omen Of record, torte n samemt%that You wish shown oto the survey, have been ,bona 2. Slowing the location of esiadng impovemma ora demncd important. 3. Setting new momnmmb Of verifying old trtooumrob to mark the cornus of the property. STANDARD SYMBOLS d CONVENTIONS: a' Denote, IQ' ID pipe with plane plug hearing SIH, Liorne Number 9235. M unless od trwwin noted CERTIFICATION: 1 Meloy certify thatthu murm we prepared by me a miler my direct sytavvioom and due l am a Professional Eagtriar and a Pmfesiomal Surveyor miler the Laws of the Some of Mimeota. oto H. Parker P.E. d: P.S. No. 9235 CITY OF RECEIVED SSEN NOV 0 4 2005 CHANHASSEN PLANNING DEPT ._ it 'aa�' `I i s 1 Orehaid 1 _ti 1 1 Job No. 0014J6A n.0 rat unrr,rsa uavxnw nnau ADVANCE SURVEYING & ENGINEERING CO. 53010 S. Hwy. No. 101 Minnetmka. MN 55345 Phone (612) 474 7964 Fax(612)4748267 SURVEY FOR: DEAN PAXTON SURVLYED: Oclobcr, 2000 DRAFTED: October 18. 20M LEGAL DESCRIPTION: That part of Lots 34 and 35, Minnewashta Park. Carver County, Minnesota, according to the recorded plat thereof, described m follows: Beginning at he southwest corner of Lot 2, Black 1. Huntington Park, according to the recorded plat thereof. thence on an a<sumed bearing of Noah 1 1 degrees 21 minutes 34 sere arts War, along the westerly line of said Lot 2, a distance of 336.90 feat m die northerly line of said Lot 35; thence soulhweslcrly a distance of 137.27 feet along said northerly line, on a curve, not tangent with the Inst described lice, concave to the southeast having a radius of It 52.62 feet, a central augle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which (roars South 70 degrees 50 minutes 01 seconds West; thence Somb 67 degrees 25 minutes 19 seconds West along said northerly line, a distance of 53.60 feet thence South 15 degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 mbimes 06 ./ e secuads West from the point of beginning; thence North 74 degrees 50 minutes 06 seconds East a distance of 167.70 feet, to tire point of beginning - Together with an casement for ingress and egress purposes in Forest Avenue over and across that pan of said Lots 34 and 35 which Iia remedy of the westerly extension of the southerly line of the above described parcel and lying southerly of a line 25.00 feu northerly of. measured at a right angles to and parallel with die above described line. as established by Order Document No. T60396. i SCOPE Or WORK: 1. Showing die length and direction of boundary lines of the above legal description. The scope of nor smites dues mail include 1 determining what you own, which is a legal mann. Please check the legal description with your recurd or consult with competent legal counsel, if necessary. to make sure that it is correct, and 4131 any t matters of record such as easements, that you wish shown on the survey, No" been sham n. 1 - 2. Shaming die location of existing improvements we deemed imponam. 3. 5ening neve monuments or verifying old monuments to murk the comers of the property. STANDARD SYMBOLS R CONVENTIONS: a - Dgsoles 1,2- ID pipe with plastic plug bearing Stoic License Numb" 9235, set unless otherwise ratted. CF.RTIFICATIOM 1 herchy certify thin this survey was prepared by me or under my direct t supervision and that 1 am a Professional Engineer and o Professional Surveyor under the Laws of the Suite of Minnesota. 't 115Z— i'2am4s 1L Prtef P.G & P.S. No. 9235 t � CITY OF CHANHASSEN RECEIVED NOV 0 4 2005 CHANHASSEN PLANNING DEPT 1 1 1i L _ GRAPHIC SCALE tw sm/ 4t!OP. r, rdtJyn•^" r •5. jj (\ir n fin, asmN ✓r=Fd— — -- — — --- SCANNED Job No. 001431 r. \ \ \ r •5. jj (\ir n fin, asmN ✓r=Fd— — -- — — --- SCANNED Job No. 001431 VlOS3*M N3SSV1N W gg �FCe� i f i C l 5 FE�= 4r NVd X6 AAVVVN1NfW13 3W Z W iw z aw U W O Q F U x W [� 3 \l o piV2 E / � ` M \ Ex' AVEC a s M � t' #� Ya F _ i J6Y, 1 0 a� _i �1 o W rllz 1 €��a sio Z 1 �2j 11S•�O� y6 t• o \ \ — e \ 1� P \ „ Z W iw z aw U W O Q F U O � 5 x W li 9 O \l o piV2 E / \ P \ P M \ Ex' AVEC �owi \1 J6Y, _i O � 5 CD 0 x W li 9 O p z o piV2 E / \ AVEC FOREST CD 0 x E / \ CD 0 x V1053AM XNSV�WW iia7MM aw -T wfw SNMKNW eml� ash C3 15 qaE, Nit M163 r� 9 flim kk 1 \ 1 � l \ � .• \ EpSE \ I F6 flim kk s m' z U \ � .• \ EpSE s m' z U � � aas�r '�ssviNvio � A WW WIL n AWMMMM 9 „SPP 1 ` \ 1 \ SP ZO \ 5amp((( \\ *�:4 i a N 11\ � n �P W� O \ \ \igv/ �ar3 \\ ; FOREST AVENUE 3 } 9 } q Ell L a1. d 04 $s P ! ri .; 5 r 9 „SPP 1 ` \ 1 \ SP ZO \ 5amp((( \\ *�:4 i a N 11\ � n �P W� O \ \ \igv/ �ar3 \\ ; FOREST AVENUE 3 0 CITY OF CHANHA3SEN 7700 Markel Boulevard MEMORANDUM PO Box 147 1. Demolition permits must be obtained before demolishing any existing Fax 952.227.1110 Chanhassen, MN 55317 structures. Recreation Center TO: Josh Metier Administration Phone: 952.227.1 FROM: Steven Torell, Building Official Fax: 952.227.1110 Division before building permits will be issued. Planning d Building Inspections DATE: November 22, 2005 Phone: 952.227.1180 Fax 952.227.1110 Fax: 952.227.1190 SUBJ: Site Plan review for: Orchard Green Engineering Phone: 952.227.1160 Planning Case: 05-42 Fax: 952.227.1170 Finance Phone: 952.227.1140 I have reviewed the revised plans for the above development and have the following Fax 952227 1110 conditions: Park 8 Recreation Phone: 952 227.1120 1. Demolition permits must be obtained before demolishing any existing Fax 952.227.1110 structures. Recreation Center 2. Provide a cleanout on the sewer service for Lot 3. 2310 Coulter Boulevard Phone: 952.227.1400 3. Final grading plans and soil reports must be submitted to the Inspections Fax: 952227.14(4 Division before building permits will be issued. Planning d Natural Resources Phone: 952,227 1130 Fax 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 G/safety/sf7memos/plan/Orchard Green Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhaSsen.mn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. L=: Carver County GIS Mapping Application EJ Ha p Created bV Cara:er CwnTyas GU^ Ufie Legend Pwa reA US WghNeys :J WHighaaays Map Created on: N CSA C%M noaaa 11-22-2005 Wes Carver Parols County Aenai PIM. 2002 This map was created using Carver County's Geographic Information Systems (GIS), it is a compilation of information and data from various City, County, State, and Federal offices. This map is not a surveyed or legally recorded map and is intended to be used as a reference. Carver County is not responsible for any inaccuracies contained herein. SCANNED CITY OF CHANHASSEN 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: MATTHEW PAVEK Date: 11/09/2005 Time Receipt Number: DW / 6773 Clerk: DANIELLE ORCHARD GREEN 05-42 ITEM REFERENCE ------------------------- DEVAP ORCHARD GREEN 05-42 USE & VARIANCE SIGN RENT RECORDING FEES SIGN ESCROW Check Total: 1003 Change: 4:13pm AMOUNT ----------------- 660.00 75.00 450.00 100.00 --------------- 1,285.00 1,285.00 --------------- 0.00 THANK YOU FOR YOUR PAYMENT! SCANNED Building Inspections Phone: 952.227.1180 MEMORANDUM CITY(� OF Orchard Green. Park and Recreation staff is very familiar with this property as it Phone: 952.227.1140 is located at the entrance to Herman Field Park. Please verify whether or not the TO: Josh Metzer, Planner I CHMNSEN neighborhood park, developed in the early 1990's, features a playground, open Parc 8 Recreation �. Phone9522271120 7700 Market Boulevard FROM: Todd Hoffman, Park and Recreation Director'j� PO Boz 147 very convenient. No additional parkland acquisition or dedication is 2310 Coulter Boulevard Chanhassen, MN 55317 DATE: November 15, 2005 Administration TRAILS Phone: 952.227.1100 SUBJ: Orchard Green Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 I have reviewed the application for a proposed 4 -lot subdivision referred to as Fax: 952.227.1190 Orchard Green. Park and Recreation staff is very familiar with this property as it Phone: 952.227.1140 is located at the entrance to Herman Field Park. Please verify whether or not the Engineering Phone: 952.227.1160 roadway proposed to be used as access to Lot 4 is a city street. Fax: 952.227.1170 neighborhood park, developed in the early 1990's, features a playground, open Planning & PARKS Finance This property does not abut any city trail sections. The nearest trail is located to Phone: 952.227.1140 the north and west theproperty Hi wesof m rt adjacent to State Highway .) � Y 7. Residents Fax: 952.227.1110 The property is situated directly north of Herman Field Park. This Public Works neighborhood park, developed in the early 1990's, features a playground, open Parc 8 Recreation �. Phone9522271120 informal trail access to Mihta Regional Park, la fields, nature areas, an nnewas� play Fax: 952.227.1110 and a vehicle parking lot. Access to the park from the four new homes will be Recreation center very convenient. No additional parkland acquisition or dedication is 2310 Coulter Boulevard recommended as a condition of this subdivision request. Phone: 952.227.1400 Fax: 952.227.1404 TRAILS Planning & In the absence of parkland dedication, it is recommended that Orchard Green Natural Resources This property does not abut any city trail sections. The nearest trail is located to Phone: 952227.1130 Fax: 952.227.1110P the north and west theproperty Hi wesof m rt adjacent to State Highway .) � Y 7. Residents occupying the new homes can access this trail by traveling on Orchard Lane to Public Works North Manor. 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 RECOMMENDED PARK AND TRAIL CONDITIONS OF APPROVAL Senior mer In the absence of parkland dedication, it is recommended that Orchard Green :952.2 Phone: 952.227.1125 Fax: 952.227.1110 pay full park dedication fees at the rate in force upon final platting. At today's rate, these fees would total $16,000 (4 lots x $4,000). Web Site wwwoi.chanhassen.nnn.us The City of Cha nhassen • A growing community with clean lakes, quality schools, a chaffing downtown, thriving businesses, winding trails, and beautiful parks. A geat place to live. work, and play. SWMP FEE WORKSHEET DATE November 16, 2005 PLANNING CASE 05-42 PROJECT Orchard Green Site Area in Acres 2.02 Assessable area 2.02 ZONING CLASSIFICATION RSF - Residential Single Family WATER QUALTIT WATER QUANTITY FEES Rate per Acre Acres Total $ 1,093.00 2.02 $ 2,207.86 Rate per Acre Acres Total $ 2,705.00 2.02 $ 5,464.10 CREDITS ITEM UNIT QUANTITY 50% UNIT TOTAL PRICE Storm water pondacre 0 0.5 $ 1,093.00 $ - Outlet structure each 0 $ 2,500.00 $ - SWMPFEE $ 7,671.96 SWW CREDITS $ - TOTAL SWMP FEE $ 7,671.96 hii Terra Engineering, Inc. CMI FsAg Land Pt r irjg • Co uftrg TRANSMITTAL TO: Grr eeti - Sa Ll 41, kc5SeLl CITY OF CHANHASSEN RECEIVED NOV 0 4 2005 CHANHASSEN PLANNING DEPT DATE: 1) u of FILE: RE: 0(-C' 'j We are sending you _ Attached _ Under separate cover via COPIES DATE NO. a of j -u I IHor I_y � The following items: DESCRIPTION P�eiIs Z)l S zz (22,3y) reduced THESE ARE TRANSMITTED AS CHECKED BELOW: For your approval R For your review & comment RFMARKR• For your information As requested COPY TO: BY: A 14 LA ENCLOSED: TRANS. ONLY SCANNED 6001 Glenwood Avenue • Minneapolis, Minnesota 55422 • 763 593 9325 • Fax: 763 512 0717 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on November 23, 2005, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Orchard Green — Planning Case No. 05-42 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and swo n to before me this -`qday of M , 2005. LA A Notar Publi d� Kars J. Engel ardt Deput Jerk dN� KIM T. MEUMSSEN Notary Public -Minnesota My Commission Expim Jan 31, 2010 SCANNED Notice of Public Hearing Notice of Public Hearing Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting Date & Time: Tuesday, December 6 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Subdivision review with Variances for four single - Proposal: family lots on property zoned Single Family Residential (RSF) ORCHARD GREEN Planning File: 05-42 Applicant: Peter Knaeble Property 2611 & 2621 Orchard Lane Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e- Questlons & mail imetzer®ci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online at http://206.10.76.6/weblink7 the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments lake a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included In the report to the City Council. If you wish to have something to be included in the re ort please contact the Planning Staff person named on the notification. Date & Time: Tuesday, December 6, 2005 at 7:00 p.m. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Subdivision review with Variances for four single - Proposal: family lots on property zoned Single Family Residential (ASF) ORCHARD GREEN Planning File: 05-42 Applicant: Peter Knaeble Property 2611 & 2621 Orchard Lane Location: I A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Josh Metzer at 952-227-1132 or e - Questions & mail imetzerOci.chanhassen.mn.us. If you choose to submit Comments: written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online at htto://206.10.76.6/weblink7 the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaUndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal, Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have somethina to be included in the report, lease contact the Plarmina Staff person named on the notification. Hwy 7 Subject Property This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, iM.Malion and data located in various city. County, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other W rpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found pease contact 952-227-1107. The preceding disclaimer is proylded pumant to Minnesota Statutes §06603, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all Comm, antl agrees to defend, indemnify, and hold harmless the City from any and all dairts brought by User, its employees or agents, or third games which arise out of the user's access or use of data provided. Hwy 7 Subject Property Disclaimer This nap is heaher a legally recorded map nor a survey and is not intended to be used as one. This mag is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference Wrposes My. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tm lung or any other Wrpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. 6 errors or discrepancies are found please correct 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §066.03. Subd. 21 (2000), and the user of this map acknoMedges that the City shall nM be liable for any damages, arW expressly waives all Gama, and agrees to defend, indertnily, and hdd hanHess me CM from any and all claims brought by User, its employees or agents. or third parties which arise out of the users access or use of data provided. C E JR & MARJORIE M WOOSLEY LAWRENCE C FREIBERG & NITA D MORLOCK CHARLES E III &CORRINE WOOSLEY PAMELYN M FREIBERG 5020 PAGE AVE NE 4783 HAMILTON RD 2730 ORCHARD LN HOPKINS , MN 55343 -3515 EXCELSIOR. MN 55331 -7806 ST MICHAEL, MN 55376 -8951 TRENT S C & NANCY J FRAZIER RICHARD J & YVONNE A BROWN WILLIAM G & SUZANNE M JOHNSON 2540 ORCHARD LN 2630 ORCHARD LN 2670 ORCHARD LN EXCELSIOR, MN 55331 -7801 EXCELSIOR. MN 55331 -7804 EXCELSIOR, MN 55331 -7804 SCOTT C & KATHLEEN L OLSETH BRADLEY J & REBECCA M PLUTH W SCOTT III & SUSAN M LONG 2660 ORCHARD LN 6440 ORIOLE AVE 2511 ORCHARD LN EXCELSIOR, MN 55331 -7804 EXCELSIOR, MN 55331 -7809 EXCELSIOR, MN 55331 -7802 DANIEL M RATHMAN & DUANE J JOHNSON JODY BERNADETTE MAJERES LINDA L CONNER 828 FREMONT ST E 6450 ORIOLE AVE 2521 ORCHARD LN NORTHFIELD , MN 55057 -2909 EXCELSIOR, MN 55331 -7808 EXCELSIOR, MN 55331 -7802 DUANE & SANDRA JOHNSON CHESTER BUTTERFIELD HAROLD F & TERRY J JANECKY 2621 ORCHARD LN 2671 ORCHARD LN 2661 ORCHARD LN EXCELSIOR, MN 55331 -7805 EXCELSIOR, MN 55331 -7807 EXCELSIOR, MN 55331 -7807 RALPH & EDITH LIVINGSTON KELLY R & USA A LEWIS DONALD J & EILEEN RUOTSINOJA 2631 ORCHARD LN 2651 ORCHARD LN 6470 ORIOLE AVE EXCELSIOR, MN 55331 -7807 EXCELSIOR, MN 55331 -7807 EXCELSIOR, MN 55331 -7808 GAIL C KNUTSON ROBERT A & JOAN M RIESSLEMAN GARY SCOTT REED 2641 ORCHARD LN 6320 FOREST CIR 2471 64TH ST W EXCELSIOR, MN 55331 -7807 EXCELSIOR, MN 55331 -8859 EXCELSIOR, MN 55331 -8609 DALE JAMES & KELLY LEE HANCE KATHRYN F KLADEK TERRY W STODOLA 6480 ORIOLE AVE 7217 WEST 114TH ST 6330 FOREST CIR EXCELSIOR, MN 55331 -7808 BLOOMINGTON, MN 55438.2479 EXCELSIOR, MN 55331 -8859 CYNTHIA PALMA KELLY KENNETH J & BETTY L LANG JOHN & RENA DRAGSETH 6331 MINNEWASHTA WOODS DR 2631 FOREST AVE 2600 FOREST AVE EXCELSIOR, MN 55331 -8997 EXCELSIOR, MN 55331 -8858 EXCELSIOR, MN 55331 -8857 WARREN & MARY LOU OLSON MATTHEW J & SARA J CHAPMAN KINGSTON SPURBECK 6340 FOREST CIR 6341 MINNEWASHTA WOODS DR 6350 FOREST CIR EXCELSIOR, MN 55331 -8659 EXCELSIOR, MN 55331 43897 EXCELSIOR, MN 55331 -8859 GERALD A & ANGELA J SCHMITZ DARRELL W & JUDY E HINKLIN WILLIAM M ZIEGLER 6360 FOREST CIR 6345 MINNEWASHTA WOODS DR 6441 ORIOLE AVE EXCELSIOR , MN 55331 -8859 EXCELSIOR, MN 55331 -8897 EXCELSIOR, MN 55331 -7809 i 11 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 05-42 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, December 6, 2005, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for Subdivision review with Variances for four single-family lots on property zoned Single Family Residential (RSF), located at 2611 & 2621 Orchard Lane — ORCHARD GREEN. Applicant: Peter Knaeble. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Josh Metzer, Planner I Email: imetzer@ci.chanhassen.mn.us Phone: 952-227-1132 (Publish in the Chanhassen Villager on November 25, 2005) SCANNED 1 oats 1A 00-221A 317,PO F. It I LW A ILI r f I 14 \ 3 .11 1120" E -238,23N 88* 18' LMS OF KMTMTOl PARK..,— ------ 21'08## I 4A PROPOSED A I' 'HOUSE P(SEE DETAIL) Sir, 01.0 30 CN efce z .18urLDW- . ..... ....... ........ SETBACK- R� 0UI cis r is r -r 0 240144 cli PEI, Rft275.01 <I — — — — — — — 10 T- 1 40. JAI OL -ass N, -764L- LNE A CS) STAKE tvP.)1 In ErE ....... .... ode" A 0.417 CAP 0-122,.76 x 41 L-49.70 X� EASEMENT FOR 0< C14 NGWSS EGRESS Alwi In C1q t Z Z 0 If 265.00 S 89033'49" IN 300.54 _<Z ........ . 565.00 265,00 CERTIFICATE OF SURVEY FOR JOHN DRAGSETH IN LOTS 31-34, MINNEWASHTA PARK (11" CARVER COUNTY, MINNESOTA PROPOSED HOUSE 1"=2T SCALE 0 LEGALDESCRIMON PAIR, C0,11- I Those 04410MOb 33 and 34, Minnewathta Park, tying of t litte Pft" distant 2 3ft***;* 1* of tht r -:. ., (*Wh said Line A, distant 144 feet' INtoAlot4v 23tsaline, thence Westerly a distance of'tko to feet et to a Northerly line of Lot 3 5, said ft 53 Pleasant A,,,e., said plat, which from said Line A; thence WesYe the Westerly fine of said Lot 14 (wN* distant 551.98 (eet'Alesterly and Nottfierfy ammng H�m a y and V aQg 4 lot 34, from Line A, and there terminating. IM, PARCEL 2-2 TZ nsq(jo and 32 Vrinelva-shia Park, lving WOV of a line parallel with and of the EA'st line of said Minnewashta Park, (which line" rArred to as Lime A)j and lying East of a line &mcribed as follows, Comini6ne-i68 on th1 pyo � Sdttth lineof,;ixidl Lot 31 it a point 565 feet West of the East line of said Minn�wtshfa P It k- thence Northerly to a point on the North li". of said Lot 31 distant 331,13 feet a14, We -at, along the Northerly line of said Lots 31 and 32, from said Line A, and there -5 terminating. W. Uzi IDS- 1) _7 'this "rvey intends tc ?,lt&%'i h*; desctoed parc-els and the local Lik MIX rb6d. It do(_s not or pur t, to 9 ITIR-9, et P 4 or encroachments. that the tions do not igree u»ith 01(-scriptinns for a6j Ns pl,4ts and the 322.71 distance called fordiffersfrom ofhcr. drawings. CL < 40 denot?s i T o. denotes iron 4- I U1 3,°/t WCA Fr V) V) V) > 113 fAl TORRENS NO. T-676 STATE OF MINNESOTA COUNTY OF CARVER In the Matter of the Application of RALPH H. LIVINGSTON AND EDITH LIVINGSTON Husband and Wife as Joint Tenants, AND DISTRICT COURT FIRST JUDICIAL DISTRICT DONALD E. LIVINGSTON AND SHIRLEY LIVINGSTON, Husband and Wife as Joint Tenants, MARGUERITE A. LIVINGSTON, To Register the Title To Certain Land. ORDER AND DECREE OF REGISTRATION The above entitled matter came on for hearing at the Courthouse in the City of Chaska, County of Carver, State of Minnesota, before the undersigned, one of the Judges of said Court on the 27th day of April, 1989, and the Court having duly considered the Application, and any amendments thereto, the Report or Reports of the Examiner, the survey, the files and ilecords herein; the evidence adduced by the applicants, and being duly advised in the premises, finds as follows: 1. That the names, ages, and addresses of the applicants are as follows: RALPH H. LIVINGSTON, age 60, and EDITH LIVINGSTON, age 61, husband and wife, 2631 Orchard Lane, Excelsior, M. 55231 L DONALD A. LIVINGSTON, age 65, and SHIRLEY LIVINGSTON, age 56, husband and wife. 2621 Orchard Lane, Excelsior, MN. 553?1 MARGUERITE A. LIVINGSTON, age 91, 12282 Fredericksburg Court, �ZR1C S�r.Ttoga, California 95070. i 14 i L t /) n1GTP,IC"T COuFIT �j PIPR 41 191.J CARVEI: COU'. . Joyce P.. V, nE ` pale 01 JP`9C3 2. That none of the applicants are minors or disabled and none have been divorced. 3. That the land to be registered is located in Carver County, State of Minnesota, and is legally described on Exhibit "A" attached hereto and made a part hereof. 4. That the total estimated value of the land to be registered, exclusive of improvements, according to last official assessment is $84,300.00 (Parcel 1, $23,500.00; Parcel 2, $28,000.00; Parcel 3, $32,800.00). 5. That Parcel 1 of the land to be registered is occupied and owned by applicants RALPH H. LIVINGSTON and EDITH LIVINGSTON, husband and wife as joint tenants, in fee simple and is subject to homestead. 6. That Parcel 2 of the land to be registered is occupied and owned by applicants DONALD AI_ LIVINGSTON and SHIRLEY LIVINGSTON, husband and wife as joint tenants, in fee simple and is subject to homestead. 7. That Parcel 3 of the land to be registered is owned MARGUERITE A. LIVINGSTON in fee bsimpleiaand tis subject to homestead. 8. That Parcel 3 of the land to be registered is occupied by and is subject to a contract for deed in favor of RHONDA L. STUDER, dated December 23, 1986 and recorded December 30, 1986, as Document No. 83435 in the office of the Carver County Recorder. The legal description in said contract for deed should be reformed to conform to the description as set forth in Parcel 3 of the land to be registered. 9. That the real estate taxes for 1988 and prior years have been paid in full and there are no delinquent real estate taxes or assessments thereon. 10. That there are no federal or state tax liens, no Judgment liens, no mechanics liens, no bankruptcy Proceedings, nor any other liens or encumbrances on file or of record in the office of the various Carver County officials affecting the land tc be registered except as otherwise specifically set forth herein. -2- _'�n 11. That all of the requirements of the law in respect to the Application and any amendments thereto have been complied with and that all of the defendants in this proceeding have. been duly served with process as required by law or have consented to the registration herein and it further appears that no Answer or Notice of Appearance has been filed in this proceeding. 12. That, except as hereinafter provided, none of the defendants named in the Summons and any amendments or supplements thereto, has any right, title, estate, lien or interest in the land to be registered. 13. That RICHARD V. LOGELIN AND ASSOCIATES, as Co -Partnership consisting of RICHARD V. LOGELIN and MARIE CATHERINE LOGELIN, CARVER COUNTY STATE BANK, and MARCIA C. WILL, also known as MARCIA L. WILL and now known as MARCIA L. SCHIFERLI, were all recommended as defendants by the Examiner of Titles and that each of said parties was either served with the Land Title Summons or acknowledged receipt of the Land Title Summons and Application pursuant to Rule 4.05 of the Minnesota Rules of Civil Procedure, or consented to the proceedings as •,n by the Affidavits of Service or Acknowledgmeni .f Receipt of Land Title Summons and Application .3r Assents to Registration on file with the Court in this action. 14. That WILLIAM D. HUNTINGTON and CAROLYN E. HUNTINGTON, were all recommended as defendants by the examiner of titles and that the last known address of said parties was Route 2, Rogers, Arkansas, 72756 and that accordingly said defendants were served with the Land Title Summons by the Carver County Court Administrator by mailing two copies of the Summons to said defendants by depositing the same at the post office in Chaska, Minnesota, properly enveloped and sealed with postage prepaid and directed to said defendants at Route 2, Rogers, Arkansas, 72756. 15. That ROSE J. DOBBIN was recommended as a defendant by the Examiner; that the address of said defendant is unknown; that after due and diligent search applicants have been unable to ascertain her whereabouts and, accordingly, said defendant was served by publication. -3- .. -1-- P�905 1G. That thr mortgage dated March 31, 1973, filed April 10, 1973 as .Document No. 18121 in favor of Carver County State Bank has been paid and the Bank has consen,ed to the registration of the property. 17. That the southerly 25.00 feet of Parcel 2 as described on Exhibit "A" is subject to an appurtenant easement for the benefit of Parcel 3 and the Registrar of Titles is directed to insert the recorded Document No. of this Order and Decree at the end of the legal description of Parcel 2 as provided when this Order is recorded with the Carver County Registrar of Titles. 18. To the extent that the applicants do not have good record title to all the land to be registered, the applicants and their predecessors in interest have, for more than fifteen years prior to the commencement of this action and continuing to date hereof, been in actual, open, hostile, continuous and exclusive possession thereof under claim of right and accompanied by intention to claim adversely and without consent of any of the defendants named herein or their successors and have paid all of the real estate taxes thereon and to that extent the applicant has acquired title thereto by adverse possession. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED, AS FOLLOWS: That a default as to each defendant named in the Summons and any amendments or supplements thereto, and all heirs and devisees of any of the persons named therein who are deceased and, "all other persons or parties unknown claiming any right, title, estate, lien or interest in the real estate hereinafter described," is hereby entered in the above entitled action. That RALPH H. LIVINGSTON, age 60, and EDITH LIVINGSTON, age 61, husband and wife, whose resident address is 2631 Orchard Lane, Excelsior, Minnesota, Carver County, State of Minnesota, are the owners of an estate in fee simple as joint tenants in land in Carver County, State of Minnesota, described as Parcel 1 as set forth on Exhibit "A" attached hereto and made a part hereof. -4- P )-'----Ct� Pcgos That all of said land owned by said -RALPH H. LIVINGSTON AND EDITH LIVINGSTON be brought under the provisions and operation of Minnesota Statutes Section 508, et seq, and all acts amendatory thereof, at,d that the title thereto be confirmed and registered as provided in and by said act; SUBJECT, HOWEVER: (a) To any rights or encumbrances which may be subsisting as specified in Minnesota Statutes Section 508.25 and all acts amendatory thereof. 4. That DONALD E. LIVINGSTON, age 65, and SHIRLEY LIVINGSTON, age 56, husband and wife, whose resident address is 2621 Orchard Lane, City of Excelsior, County of Carver, State of Minnesota, are the owners of an estate in fee simple as joint tenants in land in Carver County, State of Minnesota, described as Parcel 2 as set forth on Exhibit "A" attached hereto and made a part hereof. 5. That all of said land owned by said DONALD E. LIVINGSTON and SHIRLEY LIVINGSTON be brought under the provisions and operation of Minnesota Statutes Section 508, at seq. and all actsamendatory thereof, and that the title thereto be confirmed and registered as provided in and by said act; SUBJECT HOWEVER: (a) To any rights or encumbrances which may be subsisting as specified in Minnesota Statutes Section 508.25 and all acts amendatory thereof. 6. That MARGUERITE A. LIVINGSTON, age 91, whose resident address is 12282 Fredericksburg Court, City of Saratoga, State of California, is the owner Of an estate in fee simple in land in Carver County, State of Minnesota, described as Parcel 3 as set forth on Exhibit "A" attached hereto and made a part hereof. 7. That all of said land owned by said MARGUERITA A. LIVINGSTON be brought under the provisions and ' operation of Minnesota Statutes Section 508, et and all title thereto ibe�camendatory ed and registered and that the provided in and by said act; SUBJECT HOWEVER: (a) To any rights or encumbrances which may be subsisting as specified in Minnesota Statutes 508.25 and all acts amendatory thereof. -5- (b) To a contract for deed in favor of RHONDA L. STUDER, dated Decr!mber 23, 1.986 and recorded December 30, 1096 as Document No. 83435 in the office cf the Carver. County Recorder. The legal description of said contract for :teed has been reformed by Order Document T60786 to conform to the legal description set forth as Parcel 3 on Exhibit "A" of said Order. 8. That the Carver County Registrar of Titles is directed to issue a separate individual Certificate of Title to RALPH H. LIVINGSTON and EDITH LIVINGSTON, husband and wife as joint tenants, for the land described in paragraph 2 above and subject to the encumbrances set forth in paragraph 3 above, - and to issue a separate individual Certificate of Title to DONALD E. LIVINGSTON and SHIRLEY LIVINGSTON, husband and wife as joint tenants, for the land described in paragraph 4 above and subject to the encumbrances set forth in paragraph 5 above; and to issue a separate individual Certificate of Title to MARGUERITE A. LIVINGSTON for land described in paragraph 6 above and subject to the encumbrances set forth in paragraph 7 above. Dated at Chaska, Minnesota, this 27th day of April, 1989. Judg trict Co rt The foregoing Order and Decree of Registration ntered this 27th day of April , 1989, at T A.M. JOYCE VANEYLL DISTRICT COURT ADMINISTRATOR Approved aTtt, fo. Deputy Exami er of Title -6- PARCEL 1 That part of Lot 35. 'Mlnnewashta Park. Carver County. Minnesota', according to the recorded plat thereof, which lies westerly of a line described as follows: Commencing at the southwest corner of Lot 2, Block 1, HUNTINGTON PARK, according to the recorded plat thereof; thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet, to the northerly line of said Lot 35; thence southwesterly, a distance of 137.27 feet, along said northerly line, on a curve, not tangent with the last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes Ol second West; thence South 67 degrees 25 minutes 19 seconds Nest, along said northerly line a distance of 141.61 feet, to the point of beginning of the line to be described; thence South 9 degrees 05 minutes 00 seconds East a distance of 231.98 feet, to the southwesterly line of said Lot 35 and said line there terminating. The above described property contains 0.43 acres. —PARCEL 2— That part of Lots 34'and 35, 'Minnewashta Park, Carver County, Minnesota', according to the recorded plat thereof, described as follows: Commencing at the southwest corner of Lot 2. Block 1, HUNTINGTON PARK, according to the recorded plat thereof; thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot. 2, a distance of 336.90 feet, to the northerly line of said Lot 35; thence southwesterly, a distance of 137.27 feet along said northerly line, on a curve, not tangent with the lest described line, concave to the southeast having a radius of 1152.62 feet, s central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes 01 seconds West; thence South 67 degree, 25 minutes 19 seconds West, along said northerly line, a distance of 141.61 feet, to the point of beginning of the land to be described; thence Nort.i 67 degrees 25 minutes 19 seconds East, along said northerly line, a distance of 88.01 feet; thence South 15 degrees 09 minutes 16 seconds East u distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 seconds lot Nest from the • seconds Nest 'aPdistance'cof 51 55�feetthtoctheoivesf74", � 50e1dnL�Ys346 thence northwesterly, along said westerly line, a.;distance;uf.•;99;98:feet, e the intersection with a line bearing South•9 degrees 05 minutes' 00 . . seconds East from':the point of beginning; thence .North'9.degrees 05�m1.. 00 seconds West a. -distance, of 231.98 fee t, to the ,point ofegreesni5' n Subject to an easement for ingress and'e teas ,.. the southerly 25,00 feet'af the above described'propert established by'Or'an fi across as tt 9 purposes,to;ForestAvenue over`;nd across 8rtleme t No T607nt 86 60C�{d easement is a urtena r.t to y Bocume 7 6 PP th'e.land:.escribed a$"'Parce� 3" in The above described proT petty contains 0,67 acres and ls•`subject to;an'easement for sanl tar p{ Y sewer and watermain purposes as described ..16 Document No:s()7118,• .. PARCEL 3. 1 :,,1 ` i"r.•x That part of Lots -34 end " ��lh'�•` according to the recorded pi Minnewashta Park, chrver�Count'?.ir' ..;!t�:':'�. . pia: thereof, described as. fo.11owsY "•Mlnriesota;.:..•. Beginning at the southwest corner of Lot 2, , according to the recorded plat thereof; thence o6:' assumed idea ring 'of North 11 degrees 21'minutes 34 seconds Hest, along the westerly.11ne'of saithence d Lot 2, a distance of 336,90 feet, to the northerly line of said 'lot on southeast curve I notrtangentlwithctheflast descrlbed137.27 feet alfne,sconcavettorthe southeast having a radius of 1152,62 feet, a central angle of 6 degrees he alnutes 24 seconds and a.chord of 137.18 feet which bears South degrees 50 minutes O1 seconds Hest; thence South 67 degrees 25 minutes,79.seconds Nest, along said northerly line,, a distance of 53.60.feet;.thence South 15 degrees 09 minutes 16 seconds East a distance of.319:67 feet, to the Pst fromI'0 with a line. -bearing South 74 degrees 50 minutes 06 seconds. secondrom :P int of beginning; thence North 74 deg-ees.50'minutes 06 East :a;distnnce of 167.70 feet, tothe: point of beginning,_ ge Across with an easement for ingress and egress purposes to: Forel t. Avenue over i across that part of said Lots 34 and 35 which lies northeForestrly �the westerly tension of the southerly line of the above described Parcel 3 and lying southerly a line 25,00 -feet northerly of, measured at a right angle to.and,parallel with Above described line, as established;by Order Document No. f60986• above described property contains,1.36 acres 6nd•1s..subjecYto'an easement for tt9�Y gewer and Watermain purposes asl.described in Document No. .j17118. �rx hereon olE •t'_perl. Y�. rreasyre�t. : I ro, r 19 —' t , S.{f•t.�cim2.� u,ya,. (y d T676 STATE OF M''INNESOTA CnUNT" nF CARVER ----------------------------------- In the Matter of the _pplication of RALPH H. LIVINGSTON AND EDITH LIVINGSTON, Husband and Wife as Joint Tenants, AND DONALD E. LIVINGSTON "N,D SHIRLEv LIVINGSTON, Husband and Wife as Joint Tenants, AND MARGUERITE A. LIVINGSTON, DISTRICT COURT FIRST JUDICIAL DISTRICT REPORT OF EXAMINER To Register the Title to Certain Land. ----------------------------------- TO THE JUDGES OF THE ABOVE NAMED DISTRICT COURT: AILED DISTRICT COURT JAN 17 1989 CARVER COUNTY VanEy_1l I, the undersigned Stephanie M. young, Examiner of Titles, to whom said Court by its Order made and entered in the above - entitled proceedings referred the application of the above-named applicants, respectfully report: That pursuant to said Order and the statutes in such case made and provided, I examined the files and records in said proceedings, including one abstract of title prepared by Carver County Abstract and Title Company, Inc., Chaska, Minnesota, covering the land described in the application, containing 1$3. entries and accompanying certificates, as last certified to December 16, 1988 at 8:00 a.m., and searched all public records relating to the title thereto which came to my notice and as a result thereof I find: 1. That the true names of the Applicants are Ralph H. Livingston., age 59, and Edith Livingston, age 60, residing at 2631 Orchard Lane, Excelsior, MN 55331, who are married to each other, under no disability, and have never been divorced. (As to Parcel 1). 2, ,hat the true name of the Applicants are Donald A. Livingston, / age 64, and Shirley. Livingston, age 55, residing at 2621 Orchard /i Lane, Excelsior, MN, married to each other, under no disability, and never divorced. (As to Parcel 2). 3, That the true name of the Applicant is Marguerite A. Livingston, age 91, residing at 12282 Fredericksburg Court, Saratoga, CA 95070, unmarried, under no disability, and never divorced. (As to Parcel 3)- 4. That the land sought to be registered is located in the County of Carver, State of Minnesota, and is correctly described in Exhibit A attached hereto. 5. That the estimated market value of the land described in said application, exclusive of improvements, according to the last official assessment is '23,500 (Parcel 09 528,000 (Parcel 2), U2,800 ,(Parcel 3)- 6. ).6. That taxes payable in 1988 are paid except as to Parcel 3 where one half is unpaid and there is a penalty. There are no delinquencies thereon. The property is listed as homestead. 7. That there are no Federal or State tax liens on file• in the office of the Register of Deeds, Carver County, nor judgments docketed with the Clerk of District Court or Countv Court, Carver County, Minnesota, affecting the land sought to be registered. 8. That although each of the parcels includes land in the Northwest Quarter of the Northeast Quarter 4-116-23, each of the descriptions deeded out from Dobbin and Falmer and Marguerite Livingston begin with "That part of the Northeast Quarter of the Northeast Quarter....". ROSE J DOBBIN, or her heirs, should be made a partv defendant, as the last to own title to all of Lots 34 and 35, Minnewashta Park. -2- 9. That gaps and overlaps exist between traditional deeds to the 3 parcels, which will now be corrected in this action. Each owner has assented to the within division of the property. 10. That, as to Parcel 1, a portion of the premises lying adjacent to Forest Avenue is not owned by the Applicants, but has been used by them as part of their lawn. Evidence regarding adverse possession should be introduced at the hearing, and the record owners thereof, RICHARD V. LOGELIN AND ASSOCIATES, as co -partnership consisting of Achard V. Logelin and Marie Catherine Logelin, should be made a party defendant. 11. That Parcel 2 is subject to a mortgage dated March 31, 1973, filed April 10, 1973 as Document No. 18121, in favor of CARVER COUNTv STATE BANK. The description of said mortgage should be reformed in this action to con_'orm with that of Parcel 2, and the mortgagee served as a defendant. 12. That the final legal description of Parcel 2 should make it subject to the access easement pursuant to the Document Number of the Order herein for the benefit of owners of Parcel 3 in said Order. 13. That because traditional calls along the north have been "along the centerline of Pleasant Avenue" which centerline controls, over the directions used, there may be a shortage on the south line of Parcels 2 and 3. The traditional owner has already been named at paragraph 10 above. 14. That the deed to a portion of the property to the South, filed in Book 99 of Deeds, Page 450, is ambiguous. The said grantee, MARCIA C. WILL should be made a party defendant (as to Parcels 2 and 3)- -3- 15. That a Contract for Deed exists on Parcel 32 dated December 23, 1986, filed December 30, 1986 as Document No. 83435 in favor of Rhonda L. Studer, who has assented to the registration of all parcels herein. Said Contract description should be reformed by the Order in this action to conform to Parcel 3's description. 16. That although the East line of Parcel 3 is flush with the West line of Huntington Park, '/ILLIAM D. HUNTINGTON . AND CAROL -n1 E HUNTINGTON came into title in part, under an ambiguous deed shown at abstract entry P'83. They should be made parties defendant herein. 17. Applicants should furnish the Court at the hearing hereon satisfactory proof that no encumbrances or instruments affecting the land sought to be registered have been filed since the date of certification of the abstract filed herein as above-mentioned. 18. In summary, the following should be made parties defendant herein, namely: Rose J. Dobbin or her heirs Richard V. Logelin and Associates, as co -partnership consisting of Richard V. Logelin and Marie Catherine Logelin Carver County State Bank Marcia C. Will'' William D. Huntington and Carolyn E. Huntington Also, all persons unknown claiming any right, title, estate, interest or lien in the real estate described in the application herein. Dated: December 16, 1988 -4- Respectfully su m�ut'ed�, ITep ie -M you g Examiner of Titles I cSCRIPTION FOR: CARVLit` COUNTY (LIVINGSTON) I 2 0000-01 9 Prepared By: SCHOELL & MADSON, INC. Engineers. Surveyors. Planners. Bolls Testing 10660 Wayzata Boulevard Minnetonka. Mn. 66343 Tel. 646-7601 Proposed Description for Registration PARCEL 1 That part of Lot 35, "Minnewashta Park, Carver County, Minnesota", according to the recorded plat thereof, which lies westerly of a line described as follows: Commencing at the southwest corner of Lot 2, Block 1. HUNTINGTON PARK, according to the recorded plat thereof; thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds Nest, along the westerly line of said Lot 2, a distance of 336.90 feet, to the northerly line of said Lot 35; thence southwesterly, a distance of 137.27 feet, along said northerly line, on a curve, not tangent with the last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes 01 second West; thence South 67 degrees 25 minutes 19 seconds West, along said northerly line a distance of 141.61 feet, to the point of beginning of the line to be described; thence South 9 degrees 05 minutes 00 seconds East a distance of 231.98 feet, to the southwesterly line of said Lot 35 and said line there terminating. The above described property contains 0.43 acres. PARCEL 2 That part of Lots 34 and 35, "Minnewashta Park, Carver County, Minnesota", according to the recorded plat thereof, described as follows: Commencing at the southwest corner of Lot 2, Block 1, HUNTINGTON PARK, according to the recorded plat thereof; thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet, to the northerly line of said Lot 35; thence southwesterly, a distance of 137.27 feet along said northerly line, on a curve, not tangent with the last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes 01 seconds West; thence South 67 degrees 25 minutes 19 seconds West, along said northerly line, a distance of 141.61 feet, to the point of beginning of the land to be described; thence North 67 degrees 25 minutes 19 seconds East, along said northerly line, a distance of 88.01 feet; thence South 15 degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 seconds DESCRIPTION FOR: CARVER COUNTY (LIVINGSTON) 20066-019— Prepared By: SCHOELL & MADSON, INC. Engineers. Surveyors* Planners. Bolls Testing 10660 Wayzata Boulevard Minnetonka. Mn. 66343 Tel. 646-7601 West from the point of commencement; thence South 74 degrees 50 minutes 06 seconds West a distance of 51.55 feet, to the westerly line of said Lot 34; thence northwesterly, along said westerly line, a distance of 99.98 feet, to the intersection with a line bearing South 9 degrees 05 minutes 00 seconds East from the point, of beginning; thence North 9 degrees 05 minutes 00 seconds West a distance of 231.98 feet, to the point of beginning. Subject to an easement for ingress and egress purposes to Forest Avenue over and across the southerly 25.00 feet of the above described property. Said easement is appurtenant to the land described as "Parcel 3". The above described property contains 0.67 acres and is subject to an easement for sanitary sewer and watermain purposes as described in Document No. 17118. PARCEL 3 That part of Lots 34 and 35, Minnewashta Park, Carver County, Minnesota, according to the recorded plat thereof, described as follows: Beginning at the southwest corner of Lot 2, Block 1, HUNTINGTON PARK, according to the recbrded plat thereof; thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet, to the northerly line of said lot 35; thence southwesterly, a distance of 137.27 feet, along said northerly line, on a curve, not tangent with the last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a.chord of 137.18 feet which bears South 70 degrees 50 minutes 01 seconds West; thence South 67 degrees 25 minutes 19 seconds West, along said northerly line, a distance of 53.60 feet; thence South 15 degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 seconds West from the point of beginning; thence North 74 degrees 50 minutes 06 seconds East a distance of 167.70 feet, to the point of beginning. Together with an easement for ingress and egress purposes to Forest Avenue over and across that part of said Lots 34 and 35 which lies northerly of the westerly extension of the southerly line of the above described Parcel 3 and lying southerly of a line 25.00 feet northerly of, measured at a right angle to and parallel with the above described line. The above described property contains sanitary sewer and watermain purposes July 6, 1988 1.36 acres and is subject to an easement for as described in Document No. 17118. Theodore 0. Kemna Land Surveyor MN Lic. No. 17006 TORRENS NO. 1 �' I' ' STATE OF MINNESOTA COUNTY JF CARVER In the Matter of the Application of RALPH H. LIVINGSTON AND EDITH LIVINGSTON, Husband and Wife as Joint Tenants, AND DONALD E. LIVINGSTON and SHIRLEY LIVINGSTON, Husband and Wife as Joint Tenants, AND MARGUERITE A. LIVINGSTON, To Register the Title to Certai-i Land DISTRICT COURT FIRST JUGICIAL DISTRICT n art anwasoa. aa� or w+wx M p mre4 a� `wi„a a � Deft ,pp A vas} 1 r9"4u!r iraa F!; ;r, VOLICATION 4' ,3 OCT 2r i STATE OF MINNESOTA ) ) ss. To the Judges of the Above NameG Court: COUNTY OF CARVER We hereby make application to have registered the title to the land h-,2in- after described and do solemnly swear that we know the contents of this Appli- cation, and the statements therein are true of our own knowledge save as to such as are therein stated on information and belief, and as to those we be- lieve them to be true. Ia. The names of the first above named applicants are RALPH H. LIVINGSTON, age 59, and EDITH LIVINGSTON, age 6C, whose resident address is 2631 Orchard Lane, Excelsior, Minnesota 55331. 2a. The applicants are married to each other and they are under no disability and neither one has been divorced. 3a. The description of the land to be registered, located in Carver County, Minnesota, is described as PARCEL 1 set forth on Exhibit A attached hereto and made a part hereof. 4a. The market value of the land to be registered, exclusive of improvements, according to last nificial assessment is $23,500.00. 5a. The estate or interest of the appl grants in the land is in fee simple and is sub,ect to homestead. 6a. The names and residences of all persons or parties, except the applicants, who appear on record, or who are .known to the applicants to have or to claim any right, title, estate, lien or interest in the above described land and the nature and characte, thereof are as follows: Be Name Address Nature of Interest Richard V. Logelic n�nawn Possible old description Marie Catherine Logelir overlap with current westerly occupation line 7a. The land is occupied by the applicants. 8a. The land is not subject to any liens or encumbrances. 9a. None of the applicants are minors. 10a. The place of residence or the address of those parties shown as unknown, if any, are unknown to applicants and after deligent search, applicants have been unable to ascertain same. Ila. The applicants do not desire to register, the boundary lines of the land. Ib. The names of the second above nained applicants are DONALD A. LIVINGSTON, age 63 and SHIRLEY LIVINGSTON, age 55, whose residert address is 2621 Orchard Lane, Excelsior, Minnesota 55331. 2b. The applicants are married to each other and they are under no disability and neither one has been divorced. 3b. The description of the land to be registered, located in Carver County, Minnesota, is described as PARCEL 2 set forth on Exhibit A attached hereto and made a part hereof. 4b. The estimated market value of the land to 'e registered, exclusive of improvements, according to the last official assessment is $28.000.00. 5b. The estate or interest of the applicant; in the land is in fee simple and is subject to homestead. 6b. The names and residences of all persons or parties, except the applicants, who appear on record, or who are known to the applicants to have or to claim any right, title, estate, lien or interest in the above described land and the nature and character thereof are as follows: -2- ice. // .. _ NAM' Marguerit^ A. Livir,gston Rhonda L. Studer ADDRESS 12282 Fredericksburg Court Saratoga, California 95070 2611 Orchard Lane Excelsior, Minnesota 55331 NATURE Of :NTEREST Adjoining land owner current description overlap zlong easterly line. Contract for deed vendee adjoining land owner. Current description overlap along easterly line. 7b. The land is occupied by the applicants. 8b. The land is subject to the following liens or encumbrances: NAME ADDRESS NATURE OF CLAIM Carver County State Bank 400 Chestnut St. North Mortgage Chaska, MN 55318 Rec. Doc. No. 18121 City of Chanhassen 690 Coulter Drive Sanitary Sewer and Ch.nhassen, PIN 55317 b!ater Main Easement Rec. Doc. No. 17118 9b. That none of t' -nplicants are minors. 10b. The place of res.dence or the address of those parties shown as unknown, if any, are unknown to applicants and after diligent search, applicants have been unable to ascertain same. 11b. The applicants do not desire to register the boundary lines of the land. ---------------------------- 1c . The name of the th rd above named applicant is MARGUERITE A. LIVINGSTON, ago 9i, whose resident ,address is 12282 Fredericksburg Cour , Saratoga, CA 95070. 2c. The applicant is not married, is under no disability and has not been divorced. 3c. The description of the land to be registered, located in Carver County, Minnesota, is described as PARCEL 3 set forth on Exhibit A attached hereto and made a part hereof. 4c. The estima.ed market value of the land to be registered, exclusive of improvements, according to the last official assessment is $32,800.00. 5c. The estate or interest of the applicant in the land is in fee simple and the land is subject to homestead. -3- uc. The na;aes and residences of all persons or parties, except the applicant, who appear on record, or e:no are kno::n to the applira:;t to hay.2 or Lo clai;.i any righL, title, c -Late, lien or interest in the above described !and and the nature and character thereof are as follow:: Name Address Nature of Interst Marcia L. Will Unknown Adjoining land owner 7c. The land is occupied by Rhonda L. Studer of 2611 Orchard Lane, Excelsior, Minnesota 55331 as contract for deed purchaser from applicant recorded as Document No. 83435 in the office of the Carver County Recorder. 8c. The land is subject to the following liens or encumbrances: NAME ADDRESS NATURE OF CLAIM City of Chanhassen 690 Coulter Dr. Sanitary Sewer And Chanhassen, MN. 55317 Water Main Easement Rec. Doc. No. 17118 9c. That the applicant is not a minor. 10c. The place of residence or the address of those parties shown as unknown, if any, are unknown to applicant and after diligent search, applicant has been unable to ascertain same. 11c. The applicant does not desire to register the boundary lines of the land. 12c. This action is brought pursuant to the provisions of Minnesota Statutes Section 508.08, Subdivision 2. The applicants are the owners of the above described adjacent tracts of land which have. a common title defect and the applicants desire to join in one application to register the title to their individual tracts. WHEREFORE, the applicants pray the Court to find and declare the title or interest of the applicants in their respective parcels of land and decree the same, and order the Registrar of Titles to register the same and to grant such other and further relief as shall be according to equity. Subscribe� and swoyn to before me thio�j day of: =y+., 1988. A ti -11 ,!iAlAAWAWWALPA,V• V.I •,LLAAAJ I. F L' ," -'C j �;V. i 1',"-'C - 'rA xrn,rrnnrrrnnr 'rr Subcribed before �j .fnd swor2tto me this �i day of 2L, 1988. RZZLA it y C Subscribed and sworn to before me this 2. -)_day of 6-1V r 1988. Notary Public Ralph H. Livingston - ) I With Livingston 'i 40. Donald E. Livingston Snirley Llv/rngstOn Marguerite A. Livingston ASSENTS TO REGISTRATION We hereby assent to the registration of the above described land as prayed for by DONALD E. LIVINGSTON and SHIRLEY Livingston, husband dife and as prayed for by MARGUERITE A. LIVINGSTON. wi Ralph'H. Livings Edith Livingston -5- OFFICIAL SEAL PAT BOESIGER -M CLARA COUNTY SANTA )LIM KX I ASSENTS TO REGISTRATION We hereby assent to the registration of the above described land as prayed for by DONALD E. LIVINGSTON and SHIRLEY Livingston, husband dife and as prayed for by MARGUERITE A. LIVINGSTON. wi Ralph'H. Livings Edith Livingston -5- STATE OF MINNESOTA) COUNTY OF fl�rr�r; v ) ss. The foregoing was acknowledged before me thisAday o��_ 1988 by Ralph H. Livingston and Edith Livingston, husband and wife. P4nIC;:IC .Y G ES .OV + y Notary Pu lic p ........:ora xnrvr+rmrvrrrti ovrr:c::yriYYVMO We hereby assent to the registration of the above described land as prayed for by RALPH H. LIVINGSTON and EDITH LIVINGSTON, husand and wife, and as prayed for by MARGUERITE A. LIVINGSTON. Donald E. Livingston Shj L," myn ton r STATE OF MINNESOTA) COUNTY OF/le.�rar,✓) ss. The' h ackfore nowledged of 1988byDonld foregoing. LivingstonandShiirShirley Livingston,husband and wife. ill hm�fm/fmlY':v::.: r'..:.. • nrMJx 1(' n Notary Puri llc -6- (e �/ I hereby assent to the registration of the above described land as prayed for by RALPH H. LIVINGSTON and EDITH LIVINGSTON, husband and wife, and as prayed for by DONALD E. LIVINGSTON and SHIRLEY LIVINGSTON, husband and wife. We hereby assent to the registration of the above described land as prayed for by RALPH -H. LIVINGSTON and EDITH LIVINGSTON, hustand and wife, and as Prayed for by DONALD E. LIVINGSTON and SHIRLEY LIVINGSTON, husband and wife, and as prayed for by 14ARGUERITE A. LIVINGSTON. Rh a-(La'�—Stue �fStud Richard Studer STATE OF MINNESOTA) COUNTY OF &Lr'n ss. The foregoing was acknowledge before his /-I/ day of Octo)-bcaf�, 1988 by Richard Studer and Rhonda L. St'",er, husbad anF—wife. Pij t, a, ti rr- sc rr r` 110tary Pu tic _7_ 7 �i Margu rtte A. Livingston STATE OFG'��.--u.� ss. COUNTY OF /iy-� The foregoing was acknowledged before me this"`day of 1988, by Marguerite A. Livingston. —�--' s z.-i'Stassa -AL Grri C:%.L SEAQ u ' PAT 07'81^:ER .,.y. _.....r_c. s.•::a a;r.ru•+-r YYY Notary Publtc �v. We hereby assent to the registration of the above described land as prayed for by RALPH -H. LIVINGSTON and EDITH LIVINGSTON, hustand and wife, and as Prayed for by DONALD E. LIVINGSTON and SHIRLEY LIVINGSTON, husband and wife, and as prayed for by 14ARGUERITE A. LIVINGSTON. Rh a-(La'�—Stue �fStud Richard Studer STATE OF MINNESOTA) COUNTY OF &Lr'n ss. The foregoing was acknowledge before his /-I/ day of Octo)-bcaf�, 1988 by Richard Studer and Rhonda L. St'",er, husbad anF—wife. Pij t, a, ti rr- sc rr r` 110tary Pu tic _7_ 7 �i DESCRIPTION FOR: CARVL� COUNTY (LIViUGSTON) �l 20000-019 Prepared By: SCHOELL tk NIADSON, INC. Engineers• eury *yore . Pis nners e 8olle Test Ing 10660 Wayzata Boulevard Minnetonka, Mn. 06343 Tel. 64e-7601 EXHIBIT A Proposed Description for Registration PARCEL I That part of Lot 35, 'Minnewashta Park, Carver County, Minnesota", according to the recorded plat thereof, which lies westerly of a line described as follows: Collmencing at the southwest corner of Lot 2, Block 1, HUNTINGTON PARK, according to the recorded plat thereof; thence on an assured bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet, to the northerly 1'ne of said Lot 35; thence southwesterly, a distance of 137.27 feet, along said northerly line, on a curve, not tangent with the last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes 01 second Vest; thence South 67 degrees 25 minutes 19 seconds West, along said northerly line a distance of 141.61 feet, to the point of beginning of the line to be described; thence South 9 degrees 05 minutes GO seconds East a distance of 231.98 feet, to the southwesterly line of said Lot 35 and said line there terminating. The above described property contains 0.43 acres. PARCEL 2 That part of Lots 34 and 35, 'Minnewashta Park, Carver County, Minnesota', according to the recorded plat thereof, described as follows: Coaaoencing at the southwest corner of Lot 2. Block 1, HUNTINGTON PARK, according to the recorded plat thereof; thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 fret, to the northerly line of said Lot 35; thence southwesterly, a distance of 137.27 feet along said northerly line, on a curve, not tangent with the last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes 01 seconds West; thence South 67 degrees 25 minutes 19 seconds West, along said northerly line, a distance of 141.61 feet, to the point of beginning of the land to be described; thence North 67 degrees 25 minutes 19 seconds East, along said northerly line, a distance of 88.02 feet; thence South 15 degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 seconds CRIPTION FOR: CARVER COUNTY (LIVINGSTON) 20000-019 Prepared By: SCHOELL & MADSON, INC. Englraafe. Surveyors. Planners Salle Teeting 10660 Wayzata Boulevard _ Minnetonka. Mn. 66343 Tol. 640-7001 West from the point of commencement; thence South 74 degrees 50 minutes 06 seconds West a distance of 51.55 feet, to the westerly line of said Lot 34; thence northwesterly, along said westerly line, a distance of 99.98 feet, to the intersection with a line bearing South 9 degrees 05 minutes 00 seconds East from the point of beginning; thence North 9 degrees 05 minutes 00 seconds West a distance of 231.98 feet, to the point of beginning. Subject to an easement for ingress and egress purposes to Forest Avenue over and across the southerly 25.00 feet of the above described property. Said easement is appurtenant to the land described as "Parcel 3". The above described property contains 0.67 acres and is subject to an easement for sanitary sewer and waternain purposes as described in Document No. 17118. PARCEL 3 That part of Lots 34 and 35, Minnewashta Park, Carver County, Minnesota, according to the recorded plat thereof, described as follows: Beginning at the southwest corner of Lot 2, Block 1, HUNTINGTON PARK, according to the recorded plat thereof; thEnce on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet, to the northerly line of said lot 35; thence southwesterly, a distance of 137.27 feet, along said northerly line, on a curve, not tangent with the last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a.chord of 137.18 feet which bears South 70 degrees 50 minutes 01 seconds West; thence South 67 degrees 25 minutes 19 seconds West, along said northerly line, a distance of 53.60 feet; thence South 15 degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 seconds West from the point of beginning; thence North 74 degrees 50 minutes 06 seconds East a.distance of 167.70 feet, to the point of beginning. Together with an easement for ingress and egress purposes to Forest Avenue over and across that part of said Lots 34 and 35 which lies northerly of the westerly extension of the southerly line of the above described Parcel 3 and lying southerly Of a line 25.00 feet northerly of, measured at a right angle to and parallel with the above described line. The above described property contains sanitary sewer and watermain purposes July 6, 1988 1.36 acres and is subject to an easement for as described in Document No. 17118. 1heoclore V. Kemna Land Surveyor MN Lic. No. 17006 ORCHARDGREEIVI — i — NE COR SEC. 4, T. 116., R.23. _ .I — i CARVER CO. MON. ,� 2.g 2 I ° 15 4 vN� OF R ,06 421 -1 N 13% I I I II �N N `a I ^ I 1152 62 48 —R4o36 1 N6 R,' 15?35 .45 o 02 lI LJ 67025 N N I 9259 1� 1 1 1 1 0� W I m 11 \ II 11 11 � X11 ZA V 1 1 1 1 � •� 1 � m 1 1 1 Cn 1 1 V 1 zo I 1\ II o 1 II R, 1 V 2 1 1 Z I 1 I 0 1 , 1 11 11 11 1 m I 1 \N 1 1 1 1 WEST 1/4 COR I 1 11 1 1 1 SEC. 1, T. 116., R.23.\/ 1 1 1\ 1 9 4cfl CARVER CO. MON. 2,4 � 1 1 cn 1 O G.I I 1 \ 1 1 kz 9247 i 184.91 %I < 1 1 11\ �— i --o28 I N 74 / X00/ —� / � 4- C G `� I N, KNOW ALL MEN BY THESE PRESENTS; That Peter J. Knaeble and Roberta A.O. Knaeble, husband and wife, and Matthew R. Pavek and Sarah R. Pavek, husband and wife, fee owners, of the following described property situated in the County of Carver, State of Minnesota, to wit: That part of Lots 34 and 35, Minrewashta Park, Carver County, Minnesota, according to the recorded plat thereof, described as follows: Beginning at the southwest corner of Lot 2, Block 1, Huntington Park, according to the recorded plat thereof; thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet to the northerly line of said Lot 35; thence southwesterly a distance of 137.27 feet, along said northerly line, on a curve, not tangent with last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes 01 seconds West : thence 67 degrees 25 minutes 19 seconds West along said northerly line, a distance of 53.60 feet; thence South 15 degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 seconds West from the point of beginning; thence North 74 degrees 50 minutes 06 seconds East a distance of 167.70 feet, the point of beginning. ALSO That part of Lots 34 and 35, Minnewashta Park, Carver County, Minnesota, according to the recorded plat thereof, described as follows: Cormencing at the southwest corner of Lot 2, Block 1, Huntington Park, according to the recorded plat thereof; thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet to the northerly line of said Lot 35; thence southwesterly a distance of 137.27 feet, along said northerly line, on a curve, not tangent with last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes 01 seconds West along said northerly line a distance of 141.61 to the point of beginning of the land to be described; thence North 67 degrees 25 minutes 19 seconds East, along said northerly line, a distance of 88.01 feet; thence South 15 degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 seconds West from the point of canmencement; thence South 74 degrees 50 minutes 06 seconds West a distance of 51.55 feet to the westerly line of said Lot 34; thence Northwesterly along said Westerly line, a distance of 99.98 feet, to the intersection with a line bearing Soputh 9 degrees 05 minutes 00 seconds East from the point of beginning; thence North 9 degrees 05 minutes 00 seconds West a distance of 231.98 feet, to the point of beginning.the point of beginning. have caused the some to be surveyed and platted as ORCHARD GREEN and do hereby donate and dedicate to the public for public use forever the easements as shown on the plat for drainage and utility purposes only. In witness whereof said that Peter J. Knaeble and Robin A.O. Knaeble, husband and wife have caused these presents to be signed this day of , 200_, and in witness whereof Matthew R. Pavek and Sarah R. Pavek, husband and wife, have caused these presents to be signed this day of 200_, signed Peter J. Knaeble Robin A.O. Knaeble signed Matthew R. Pavek Sarah R. Pavek State of Minnesota, County of The foregoing instrument was acknowledged before me this day of 200_, by Peter J. Knaeble and Roberta A.O. Knaeble, husband and wife. Notary Public, County, Mn. State of Minnesota, County of My Ccrrmission Expires 1 -7 The foregoing instrument was acknowledged before me this day of 200_, by Matthew R. Pavek and Sarah R. Pavek, husband and wife. _\n / Notary Public, County, Mn. My Canmission Expires j I hereby certify that I have s urveyed and platted the property described on this plat as ORCHARD GREEN that this plat is a correct representation of the survey; that all distance are correctly shown on the plat in feet and hundredths of a foot ; that all monuments have been or will be placed in the ground as shown,as required by the local governmental unit ; that the outside boundary lines are correctly designated on the plat and that there are no wetlands as defined in Minnesota Statutes Section 505.02, Subd. 1 to be designated on the plat. \ / \ THE SW CORNER OF LOT 2, Vp �% / I _ — / / / BLOCK 1, HUNTINGTON PARK V \ i RENON d�o /// EPS�� /`� ✓— 1\ il—__—_--_--_ 219.2 6„ W 74050 [ten L (15155 _ \ ? DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS Ts �5 51 0 30 60 90 60 ----I SCALE IN FEET FOR THE PURPOSE OF THIS PLAT BEING 10 FEET IN WIDTH AND' • = INDICATES IRON MONUMENT FOUND THE WEST LINE OF SEC. 1 IS ADJOINING RIGHT OF WAY LINES c = INDICATES 1/2 INCH X 14 INCH ASSUMED TO BEAR NORTH SOUTH AND 5 FEET IN WIDTH AND IRON MONUMENT SET MARKED ADJOINING LOT LINES BY LICENCE NO. 6508 State of Minnesota, County of Hennepin The foregoing instrument was acknowledged before me this Cardarelle, a Licensed Professional Land Surveyor, Frank R. Cardar elle, R.L.S Minnesota License No. 6508 day of 1 200_, by Frank R. Notary Public, Hennepin County, Mn. My Conmission Expires CHANHASSEN, MINNESOTA This plat of ORCHARD GREEN was approved and accepted by the City Council of the City of Chanhassen, Minnesota, at a regular meeting held this day of 200—. If applicable, the written ccmnents and recommendations of the Conmissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such corrments and recamrlendations, as provided by Minn. Statutes, Section 505.03, Subd. 2. CITY COUNCIL OF THE CITY OF CHANHASSEN Mayor COUNTY SURVEYOR Carver County Pursuant to Chapter 395, Minnesota 200_. Clerk Laws of 1971, this plat has been approved this day of by John E. Freemyer, County Surveyor COUNTY AUDITOR, Carver County I hereby certify that taxes payable in 200_ and prior years have been paid for land described on this plat. Dated this day of 200—. Mark Lundgren, County Auditor REGISTRAR OF TITLES, Carver County by I hereby certify that this plat of ORCHARD GREEN was filed this day of 200_, at _ o'clock _ M., as Document Number Carl W. Hanson, Registrar of Titles by Deputy CITY OF CHANHASSEN RECEIVED JAN 2 3 2006 CHANHASSEN PLANNING DEPT 1129/0&- s L Ile 2005 TERRA ENGINEERING, INC. _ MORLOCK \ /� #2520 \ !� ORCHARD LANE FRAZIER INSTALL SANITARY W __ #2 (REPLACE STREET--' LANE ARD IN IND l H / BROWN CONNECT LOT 1 — SOP S �� SCOTTA':)NG #2630 SANITARY SERVICE �`�g�\ ,T RATHMAN/CONNER #2511 i ORCHARD TO SAN IN STREET \ \Nv� �" 1 #2521 ORCHAR. / \ (TYP.) PATCFj/ ORCHARD LANE STREET KIND. 1 r / SERVICE WATER LANE _- (S ITY EX. 8" SAN. TAN D AIL X. 1 1 F ROP SAN N 1 1 S RV, MH91 Z_ ` l ATER EX. SAN S RV. III =955. 11 11 SERV. 1 3 1 L 8.70E j' �(. WATER 1 1 1 r 1 SERV. 1 1 2 a 11 1 I W------ 0 1 1 1 1 1 ~ SO', �IV1WG 1 1 1 m x m #2631 D 1 1 1 \ x p KNUTSON �pNE A 1 1 1 1 1 v v #2641 1 1 1 1 1 V_A Z (n ORCHARDD 1 1 1 rr < II LANE I 6 1 1 1 BL 1 A \ 1 1 Gt A Z! 1 1 1 1 -' tp C 1 11 1 `' , ' �' 9i III / H93 T P=981.74 1 EX. SAN INV -955.74N SERV. I RIESSLEMAN INV= 5.845E 1 - #6320 - FOREST /< CIRCLE L ROP. WATE / - - - < SERVICE, / <- - ` - \c CONNECT TO Vv / 6" HYDRANT p < M1t93 % LEAD _ /- ` ' TOP=977.08 V ^ C INV=957.08W INV=957.08E \ Cv EX. 8" SAN. 6" c 7 o EX. 8" SAN. j \MH94 HYD - DRAGSETH �y LANG T =972 #2600 i #2631 INV= 56.41 FOREST i / FOREST INV=9 6.41E'j0 \ AVENUE AVENUE -50 \ 9 9 0— - — -- (VERT Y) �* EX. M A 92fXiSTI G CENTERLI E GRAD RI 1=984.5 980 10.0' Ex W ZE N' tt11— -- — ----- I 13.5' 184 LF 8° PVC 970 SDR35 ® .417 CONNECT TO EX MH 92. VERIFY ELE . PRIOR TO CONSTRUCTI DN. 960 950 — - ----- - — -- --- t- _ ZO 10 a r w 31w I 3. 0o 00 Street PL Variable 9. 6' METAL FENCE POST DENOTING CURB BOX. TOP 6" PAINTED BLUE, CURB BOX WITH 1 1/4" - STANDPIPE AND - STATIONARY R00. Z a in Water Service 1"X1" Corporation Cock I" Type "K" Copper Concrete Block Support Water Main NOTES, 1. DO NOT PLUG END OF CURB STOP. 2. THE USE OF PIGTAILS ARE NOT PERMITTED. 3. THE COPPER SERVICE LINE BETWEEN THE MAIN UNE AND CURB BOX SHALL BE ONE CONTINUOUS PIECE. SPUCES WILL NOT BE PERMITTED. I 4, CORPORATION COCK TO BE 1"X7 INSIDE DIAMETER. 5. SADDLE REQUIRED ON 6" DIP OR SMALLER MAIN. 6. SADDLES WHEN REQUIRED SHALL BE FORD SME F202 DOUBLE STRAP. 7. STAINLESS STEEL SADDLES REQUIRED ON ALL PVC WATERMAIN. CITY OF TYPICAL CHANHASSEN WATER SERVICE RE`l 1_98 Li TE 2-97 PLATE Na.: 1 005 UTILITY NOTES: SANITARY SEWER = 8" PVC SDR35 SANITARY SEWER SERVICE = 6" PVC SDR26 WATER SERVICE = 1" TYPE K COPPER LEGEND: —» »— DENOTES STORM SEWER —> >— DENOTES SANITARY SEWER —8" W— DENOTES WATERMAIN W N r— ti N O N N v Lr) Lr) m a) 03 to � o r C a) > ti C o Lr) U)m CJ m rn N In O c (O O � N vs W I DESIGNED P.J.K./MR.P. DRAWN MR.P E CHECKED P.J.K vao S coo C a ALL UTILITY & STREET CONSTRUCTION 5�- _ o so 100 nE a Z I PER CITY OF CHANHASSEN LATEST SCALE IN FEET wa v o DETAILS AND SPECIFICATIONS. SCALE - 1"=10' VERTICAL L `SL Ia CL PL Variable 9' �o z o Wye Plugged End g CE 1/8 Bend °' H 6" PVC SDR -26 Pipe Min. Slope 1/4" Per Foot v J r a'` 0-0 c 2"x2" Marker ALL EXISTING UTILITIES BEFORE COMMENCING WORK. THE CONTRACTOR AGREES TO BE 1/2 Pipe Diameter Min. See Note 2. Sanitary Sewer FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES Gravity Main >, 3: E v SANITARY SEWER SERVICE CONNECTION DETAIL w � Services to be Used in Conjunction with Plastic Pipe Sewer Main for Depths of AND PRESERVE ANY Cover with Less Than 16 Feet. �w r - c NOTES: 1. Solvent Weld all Joints. (Non Gasketed) (n a- 2. When Sanitary Sewer Service is not Accompanied by a Water Service in v C v _� LyctcO the Some Trench, Install a 6' Heavy Metal Fence Post Next to 2 x 2 y c Marker and Point Top 6" of Post Florescent (een. ---- - - ----- 3. Cleanout Required on Private Property if Distance from Main to House _ n w 0 Exceeds 90 Feet. a o a o 4. All pipe shall be bedded on granular borrow 314A or course filter Q Q aggregate (3149H). - CITY OF cr_ Q TYPICAL SANITARY zzQ= CHANHASSEN SEWER SERVICE REVISED: 2-9l fid?c .� _ 9-7 PLATE NO 0 2001 riLE NAK4111ILM LEGEND: —» »— DENOTES STORM SEWER —> >— DENOTES SANITARY SEWER —8" W— DENOTES WATERMAIN W N r— ti N O N N v Lr) Lr) m a) 03 to � o r C a) > ti C o Lr) U)m CJ m rn N In O c (O O � N vs W I DESIGNED P.J.K./MR.P. DRAWN MR.P E CHECKED P.J.K vao S coo C a ALL UTILITY & STREET CONSTRUCTION 5�- _ o so 100 nE a Z I PER CITY OF CHANHASSEN LATEST SCALE IN FEET wa v o DETAILS AND SPECIFICATIONS. SCALE - 1"=10' VERTICAL L `SL Ia SCANNED . y. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE 980 P �' WAY ONLY. THE EXCAVATING CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF r a'` 0-0 c a ALL EXISTING UTILITIES BEFORE COMMENCING WORK. THE CONTRACTOR AGREES TO BE v , £ :3 t FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS >, 3: E v 970 w � FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. �w r - c (n a- til v C v _� LyctcO y c -- ---- - - ----- - -- .. — ----- — -- _ n w 0 a o a o 960 Q Q I - -990 cr_ Q SCANNED --- 980 O -- -- — -- ----- w W _ W Z 970 w � W -- - - - (n a- til 960 Q Q o Cnn - �- cr_ Q zzQ= Q Q =z 950 U ' 0- _ � 00 CITY OF CHANI.1 j D SEEN w AN 2 6 806t_-- W - -- - - DATE 1/20/06 CNGINECPING D EPr. PROJECT NO. 05-126 SHEET NO. -_ 1 SCANNED Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl' John F. Kelly Soren M. Mattick Henry A. Schaeffer, III Alina Schwartz Marguerite M. McCarron Gina M. Brandt 'Also Licensed in Wisconsin CAMPBELL KNUTSON Professional Association Direct Dial. (651)234-6215 lrmallAddress: rknutton®ck-law.cons January 26, 2006 Terra Engineering R E C ED 6001 Glenwood Avenue Minneapolis, MN 55422 JAN 2 '17 2006 RE: ORCHARD GREEN SUBDIVISION CITY OF CHANHASSEN Dear Mr. Knaeble: I am the Chanhassen City Attorney. City staff has asked me to address two concerns that you have raised. City Code Section 18-79 requires payment of park dedication charges based upon the number of lots in the subdivision. The Code does not have any provision for giving credits or exempting existing developed lots. The existing developed lots did not pay similar charges when they were created. I understand that on other projects in Chanhassen you were given credit for the existing lots. If this happened, it was done in error. If you think this issue should be revisited by the City and if the City Council agrees, the matter would have to be referred to the Planning Commission for study. I doubt very much that the study would result in any change. Extending the sewer line to the property line is a standard practice in Chanhassen and probably by other cities. It would make absolutely no sense to do otherwise. The sewer on your property is part of a City-wide system. At least from the City's perspective, this is not a debatable issue. 01IN1 Regards, roger ix. rnutson Chanhassen City Attorney 1380 Corporate Center Curve Suite 317 - Fagan, MN 55121 cc: Todd Gerhardt, City Manager 651452-5000 Todd Hoffman, Park & Recreation Director I= 651452-5550 Paul Oehme, Public Works Director/City Engineer www.ck-law.com CITY OF CHANHASSEN • • G'S SIL 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: MATTHEW PAVEK Date: 11/29/2005 Time: 2:24pm Receipt Number: DW / 6829 Clerk: DANIELLE GIS LIST -ORCHARD GREEN 05-42 ITEM REFERENCE AMOUNT ------------------------------------------- GIS GIS LIST -ORCHARD GREEN 05-42 GIS LIST 99.00 --------------- Total: 99.00 Check 1005 99.00 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! SCAMMED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 gff OF (952) 227-1100 To: Peter Knaeble 6001 Glenwood Avenue Golden Valley, MN 55422 Ship To: 0 Invoice SALESPERSON DATE TERMS KTM 11123/05 upon receipt NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached). Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #05-42. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESSI Ta i 9 0 C E JR & MARJORIE M WOOSLEY LAWRENCE C FREIBERG & NITA D MORLOCK CHARLES E III &CORRINE WOOSLEY PAMELYN M FREIBERG 5020 PAGE AVE NE 4783 HAMILTON RD 2730 ORCHARD LN HOPKINS , MN 55343 -3515 EXCELSIOR, MN 55331 -7806 ST MICHAEL, MN 55376 -8951 TRENT S C & NANCY J FRAZIER RICHARD J & YVONNE A BROWN WILLIAM G & SUZANNE M JOHNSON 2540 ORCHARD LN 2630 ORCHARD LN 2670 ORCHARD LN EXCELSIOR, MN 55331 -7801 EXCELSIOR, MN 55331 -7804 EXCELSIOR, MN 55331 -7804 SCOTT C & KATHLEEN L OLSETH BRADLEY J & REBECCA M PLUTH W SCOTT III & SUSAN M LONG 2660 ORCHARD LN 6440 ORIOLE AVE 2511 ORCHARD LN EXCELSIOR, MN 55331 -7804 EXCELSIOR, MN 55331 -7809 EXCELSIOR, MN 55331 -7802 DANIEL M RATHMAN & DUANE J JOHNSON JODY BERNADETTE MAJERES LINDA L CONNER 828 FREMONT ST E 6450 ORIOLE AVE 2521 ORCHARD LN NORTHFIELD , MN 55057 -2909 EXCELSIOR, MN 55331 -7808 EXCELSIOR, MN 55331 -7802 DUANE & SANDRA JOHNSON CHESTER BUTTERFIELD HAROLD F & TERRY J JANECKY 2621 ORCHARD LN 2671 ORCHARD LN 2661 ORCHARD LN EXCELSIOR, MN 55331 -7805 EXCELSIOR, MN 55331 -7807 EXCELSIOR, MN 55331 -7807 RALPH & EDITH LIVINGSTON KELLY R &LISA A LEWIS DONALD J & EILEEN RUOTSINOJA 2631 ORCHARD LN 2651 ORCHARD LN 6470 ORIOLE AVE EXCELSIOR, MN 55331 -7807 EXCELSIOR, MN 55331 -7807 EXCELSIOR, MN 55331 -7808 GAIL C KNUTSON ROBERT A & JOAN M RIESSLEMAN GARY SCOTT REED 2641 ORCHARD LN 6320 FOREST CIR 2471 64TH ST W EXCELSIOR, MN 55331 -7807 EXCELSIOR, MN 55331 -8659 EXCELSIOR, MN 55331 -8809 DALE JAMES & KELLY LEE HANCE KATHRYN F KLADEK TERRY W STODOLA 6480 ORIOLE AVE 7217 WEST 114TH ST 6330 FOREST CIR EXCELSIOR, MN 55331 -7808 BLOOMINGTON, MN 55438 -2479 EXCELSIOR, MN 55331 -8859 CYNTHIA PALMA KELLY KENNETH J & BETTY L LANG JOHN & RENA DRAGSETH 6331 MINNEWASHTA WOODS DR 2631 FOREST AVE 2600 FOREST AVE EXCELSIOR, MN 55331 -8897 EXCELSIOR, MN 55331 -8858 EXCELSIOR, MN 55331 -8857 WARREN & MARY LOU OLSON MATTHEW J & SARA J CHAPMAN KINGSTON SPURBECK 6340 FOREST CIR 6341 MINNEWASHTA WOODS DR 6350 FOREST CIR EXCELSIOR, MN 55331 -8859 EXCELSIOR, MN 55331 -8897 EXCELSIOR, MN 55331 48859 0 GERALD A & ANGELA J SCHMITZ 6360 FOREST CIR EXCELSIOR. MN 55331 -8859 0 DARRELL W & JUDY E HINKLIN WILLIAM M ZIEGLER 6345 MINNEWASHTA WOODS DR 6441 ORIOLE AVE EXCELSIOR, MN 55331 -8897 EXCELSIOR, MN 55331 -7809 0 Public Hearing Notification Area (500 feet) Orchard Green Planning Case No. 05-42 2611 & 2621 Orchard Lane City of Chanhassen State Hwy 7 Lane prch Subject Prop 0 0 Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal CITY OF CHANHASSEN newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as CARVER & HENNEPIN amended. COUNTIES NOTICE OF PUBLIC DARING (B) The printed public notice that is attached to this Affidavit and identified as No. PLANNING CASE NO. EN was published on the date or dates and in the newspaper stated in the attached Notice and said NOTICEChanhassen Plan that Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the Chanhassen Planning Commission will hold a public the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both hearing on Tuesday, December 6, inclusive, and is hereby acknowledged as being the kind and size of type used in the composition 2605, at 7:00 P.M. in the Council and publication of the Notice: Chambers in Chanhassen City Hal, 7700 Market Blvd. The purpose of abcdefghbkhnnopgrstuvwxyz this hearing is to consider a request for Subdivision review with r Variances for four single-family lots on property zoned Single Family Residential (BRIT), located at 2611 & Laurie A. Hartmann 2621 Orchard Lane - ORCHARD GREEN. Applicant: Peter Knaeble. A plan showing the location of the proposal is available for public Subscribed and sworn before me on review at City Hall during regular business hours. All interested-L/�12� persons are invited to attend this public hearing and express their (/ opinions with respect to this this ! day of 005 proposal.. GWEN M. RADUENZ Josh Metzer, Planner I NOTARY PU&1C - MIfVNE30TA Email: MY Camnssbn E0% Aft 31,410 Phone: 91W227- ILU Notary Public (Publithe onThshed y,Novembers®Vf� on Thursday, Novembei24, 20091 4563) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch Maximum rate allowed by law for the above matter ................................ $22.00 per column inch Rate actually charged for the above matter .............................................. $11.18 per column inch SCANNED City Council Meeting — Fe�fuary 13, 2006 • Councilman Labatt: Second. Mayor Furlong: Made and seconded. Any discussion on that motion? os -4a Resolution #2006-13: Councilman Peterson moved, Councilman Labatt seconded that the City Council order the improvements and preparation of plans and specifications for City Project 06-01. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: And thank you everyone for coming to the public hearings and public meetings. I would encourage staff to, and I know they will, continue to work with the residents over the life of this project. We will be seeing this again and appreciate everybody's comments as well. Given the time, let's take a short recess subject to the call of the Chair. (The City Council took a short recess at this point in the meeting.) ORCHARD GREEN, 2611 & 2621 ORCHARD LAND, PETER KNAEBLE: FINAL PLAT APPROVAL AND APPROVAL OF PLANS & SPECIFICATIONS & DEVELOPMENT CONTRACT. Todd Gerhardt: I'll take this one Mr. Mayor. The applicant has asked that this item be placed back on the agenda that he may ask you to reconsider staff's recommendation on extension of sewer, stub sewer lines. Staff continues to say our practice has been to extend that sewer line to the property line. I think the City Attorney also sent a letter to the applicant explaining that. However he wanted to come before you and request that assistance. So with that I would ask the applicant to come and speak before you. Peter Knaeble: Mr. Mayor, members of the City Council. We realize it's late and we'll be brief in, or I'll be brief in my comments and I appreciate the time tonight. My name is Peter Knaeble with Terra Engineering and we're responsible for the development. We're also the developers of this small project in Chanhassen. We've been working with the staff for a number of months and just want to reiterate, I think we mentioned this at Planning Commission, also at City Council as part of the preliminary plat that the staff, engineering and planning staff has been very cooperative all through the process as we've been going through, so we appreciate that and one of the things we want to note, especially compared to the other staffs work with a number of cities around the Twin Cities is that, with the cooperation and the fact that they will even return phone calls when you call, which is not unlike a lot of the staffs that we work with so we appreciate that. It's just, there's two items that we want to bring up tonight. One is the extension of the sanitary sewer and again we understand the staffs position. We just want to bring it in front of the City Council for final reconsideration of that point. And the second item we want to talk about and have again a second or final consideration from the City Council is the calculation of the park fees. So those two things are what we want clarification of from council tonight. Again in regards to the sanitary sewer issue, again we don't want to necessarily beat a dead horse but we think there's, or will be inordinate costs assigned to this project as a part of this sewer extension. Our calculation or our estimates from our contractor's about a $60,000 cost assigned to these 4 lots is approximately $15,000 additional cost per lot. Again the basis and the 40 City Council Meeting — February 13, 2006 • requirement of staff is to extend the sanitary sewer on Orchard Lane about 185 feet. The way we are proposing to serve the 4 lots on this project. 2 lots have existing services. We're proposing to build 2 new services. The service for Lot 3, we propose to come in from the south side. There's a sewer extension or existing sewer system on the south part of the property that would accommodate that. The reason we're doing that is, there's a couple of reasons. One, there would be no tree removal or significantly less tree removal as a part of that service. It would be a shallower service so less cost to do that for the service on Lot 3. We understand again from the staff that coming in a rear of a lot versus the front of a lot and having an easement across Lot 4 is not the usual situation but it's a reasonable alternative from our point of view. And we would plat an easement as part of that. So given the fact that we want the sanitary sewer easement, prefer the sanitary sewer easement in the back, or the sewer service in the back of Lot 4, we don't see the need to extend that service on Orchard Lane. And in fact that 185 foot sewer is going to benefit the property on the north side of Orchard Lane versus our property so that's the basis for our request for your review and reconsideration as part of the City Council. Again we learned just recently that in the past project, or the property across the street had been approved for a lot split and as a part of that approval from the City Council they required that property to extend that service as part of that. The staff report requirements to accommodate that lot split. That has not been done to date, but we would expect that that project gets reactivated. That requirement or that project would be required so again we see the benefits for the north, not to the south. That is again one kind of a quick synopsis of that item and we can talk about that a little bit. Second of all I just want to make a brief comment on this. The calculation of the park fees for this project, and I think the council is aware of what the issue is. It's our interpretation of the city ordinance that the park fees are based on the number of new lots, not the number of whole lots created as a part of a project. We're proposing... from 4 lots but it has 2 existing homes on it. So our interpretation is that we should be assessed for 2 additional park fees. Not 4 fees. And the reason we say that is that's consistent with what the City's done in the past. A couple projects that we were charge or assessed just that way. Both Crestview and Highview were assessed only for the new lots and the existing homes were excluded as part of that, so we would like similar consideration on this project. And again, those are the two issues. We realize it's late so we would just respectfully ask reconsideration of those two items. Mayor Furlong: Okay. I guess probably the first thing to do is let's understand what staff is recommending, or asking for inclusion and then, and the reasons for it. Paul Oehme: Thank you Mayor, City Council members. This project is, I don't know, it's about 3 months in now and it's, the sewer and the services to this development have evolved over this timeframe. When the developer first came in, he had proposed to extend service basically from this manhole. These are the three lots. Orchard Lane would be, sits right here. Here's the black for the new development. Originally they proposed coming to service Lot 3 via the manhole that currently exists out there and crossing this property line. Staff had recommended that the, as we have in all developments that the sewer is extended to the property, the farthest property so that new developments can take off from there and not disturb the existing properties in front of the utilities. We had recommended putting a manhole here. They came back with setting a manhole just past the service line here to Lot 3, and they had originally you know agreed to that. Agree to that proposal. That manhole, which was, which they had proposed was about 43 feet from the manhole that is shown here at the property line. The new proposal from Terra Engineering is the 41 O!M"^'H City Council Meeting — Fe rruary 13, 2006 • sewer extension from Lot 3 to the back of the lot through Lot 4. This is a sub -standard design in my estimation and is problematic for future service, or maintenance in the future as well. Whenever we have an opportunity to service a property correctly with perpendicular service lines, you know going directly into the house, those are the type of services and designs that we like to see so. You know we're consistent with other developments that we've built here in the past, and we'd just like consideration on this project as well. The gentleman did bring up the fact that the property to the north has subdivided and at that time, when that subdivision went through he was required to extend the sewer past the original location here. That was never extended and no letters of credit were obtained at that time. We have changed our practice since then. It was I think 10 years ago. Now we require that letter of credits are issued before any permits are released or projects are approved so that in the event that the developer walks away from the project, the City has the funds then to build the infrastructure at a later date so. That's kind of the synopsis and the reasons why we're proposing the design as it is. This is, I'm showing you the plan that Terra had put together too. This is not the City's drawings. This is the actual engineer's drawing that is working on this project. Mayor Furlong: I guess a question then, it looks like, if you can put that back up please. Right now there's a manhole. Is the middle out there with the 3-2? Is that, or of the 3 lots, is the middle one 2? Paul Oehme: Middle one's 2. Mayor Furlong: Okay thank you. Right now the sewer line extends to it in front of the second lot, is that correct? Paul Oehme: Correct. Mayor Furlong: And your initial request was that it extend all the way across Lot 3. From engineering standpoint, correct? Paul Oehme: Yes. Mayor Furlong: We said well we don't want to go that far. Paul Oehme: Correct. Mayor Furlong: Why wouldn't you go that far? Paul Oehme: To, where it's shown here? Mayor Furlong: Yeah. Paul Oehme: That's where we're requesting it. Mayor Furlong: Is that what's included in this right now? 42 City Council Meeting — February 13, 2006 • Paul Oehme: That's the request and that's the condition that we're proposing. Mayor Furlong: Okay. Paul Oehme: And you know, they had previously had approved, or had requested that the manhole stop just short of this service line here. That's, you know so they had originally requested that. That's about 43 feet from where we're talking about manhole 1 here. It's not $60,000. It's, that extension is more like $8,800 to extend that sewer main another 43 feet so. Mayor Furlong: Any other questions for staff on this matter? Councilwoman Tjomhom: Are we discussing the sewer right now? Mayor Furlong: Well if you've got quick questions for Paul because then we're going to go over to Mr. Hoffman for the Park and Rec. Councilwoman Tjomhom: No, that's. Mayor Furlong: Just questions at this point. Clarify questions. Okay, thank you. Mr. Hoffman, on the park fees. Todd Hoffman: Mr. Mayor, members of the City Council. State law, city code allows for the collection of park dedication fees at the time of subdivision. In this case you have 2 existing homes that are going to be combined with other property or 4 new lots. The 2 existing homes did not pay park dedication fees and so by that we're making a recommendation that all 4 pay park dedication fees. There has been instances, Mr. Knaeble is correct, where it has not been charged and when that has been done, it occurred in error. There also have been plenty of plats that have come through where there's been existing homes in subdivisions where we've charged that fee to that existing home. Councilman Lundquist: Todd, can you give me an example of one where we, on an existing home where there was a subdivision where we did collect park dedication fee. Todd Hoffman: Just have to go to a file and pull them out. Not off the top of my head I cannot, no. Todd Gerhardt: I typically don't see those. Sorry. Councilwoman Tjornhom: When you said that the home, the 2 original homes didn't pay park dedication fees, when were they built? lake in the 60's or 50's or something or? Where that wasn't the general practice. Todd Hoffman: Park dedication fees have been around in this city since about the mid 1980's. Councilwoman Tjomhom: Okay. 43 i City Council Meeting — Fe6ruary 13, 2006 • Mayor Furlong: At this point, and this is 2 lots being combined to create 4. 2 existing homes going to 4. But our normal subdivision process, maybe this is a question, because these fees are generated out of our subdivision ordinances, is that correct? Roger Knutson: That's correct. Mayor Furlong: Okay. In a normal subdivision process, if we've got a, I mean if we've got 20 acres or 15 acres or 40 acres being subdivided and there's an existing resident on there, my experience has been that we haven't given a credit back for that first house. Is that the issue here? Roger Knutson: That's right, they're asking for a credit because there are existing houses. The response is, our subdivision ordinance says it's based on the number of lots in your plat, and then these lots are in the plat and we would give them a credit had they previously paid. You don't want to. Mayor Furlong: And that we have done before? Similar to our utility fees and. Roger Knutson: There's no credit due because the park dedication charge was never paid for these homes before. Councilman Lundquist: What did we do on Carlson's property? Pemtom building a park south of Lake Lucy. Or Mancino's property that we had up there? Councilman Labatt: Well I think those homes were destroyed. Todd Gerhardt: Well no, Mr. Carlson's home. Councilman Labatt: But the Mancino's house was moved... Mayor Furlong: The question is whether they paid before or not. Councilman Labatt: Well her house was there before 1988. Councilman Lundquist: Well right, which is the same scenario as this one. Todd Gerhardt: And the key thing is, is was the property subdivided. I don't believe the Mancino property was subdivided when that home was built. She bought a 20, or I don't know if she did, but somebody previously to her bought a 20 acre parcel and built a home. The only time that this ordinance kicks in is if you go through the subdivision process. And under the Pemtom one, he should have paid for the creation of that existing lot that Mr. Carlson's house is now sitting on. Councilman Lundquist: Right, I mean that's similar one to this where, the house sits a lot, I mean yeah it's 40 acres or 80, whatever the parcel was. The house was built there. It's still sitting there on a lot that was newly created as part of the subdivision. The house was there 0 City Council Meeting — February 13, 2006 • previous to park dedication fee collection. It's the same thing. Bigger scale obviously but same thing. Same with Mancino's. That house was there a long time ago on a 20 acre parcel but they sell the property... Mayor Furlong: But the park dedication, whatever number of lots, as I'm hearing staff tell us here, whatever number of lots were created, that's how it's based. Councilman Lundquist: Yeah but there again, it's one big 20 acre parcel. You cut it into, you know whatever it was, 40 lots or 37, whatever we made out of that thing, there's you know similar circumstances. Mayor Furlong: Okay. Any other questions? For staff on either of these two matters. Is there any discussion? Councilman Peterson: I think that the... disagree with staff that we're setting, we already have set precedence and I understand there's a little gray area but not when it comes to what we've done and what we've tentatively tried to do is so I respect they asked for reconsideration but... Mayor Furlong: Thank you. Any other discussion? Councilwoman Tjomhom: I have to support staff too that the sewer project just seems to certainly make sense that we would do that and the ordinance, an ordinance is an ordinance. If that's what our ordinance says then I, I have to follow that ordinance. Mayor Furlong: Thank you. Councilman Lundquist. Councilman Lundquist: This sewer thing I think is a cut and dry for me. I'm not at all in favor of granting easements across somebody else's property for your, for another house. I think you're setting yourself up for issues down the line. Seems like a pretty standard thing. I guess the cost of doing business when you're developing new developments and I'll go with staff s recommendation on the park dedication fees although Todd, I'll give you a call and check into the ones and just for my own edification, just to make sure that we're being consistent there so, for now I'll go with that and then do some follow-up and we'll see where we at. So I'm in favor of staffs recommendation. Mayor Furlong: Okay. Councilman Labatt: I concur with staff. Mayor Furlong: Okay, thank you. Well I as well and to Councilman Lundquist's point, just confirming the policy that we have in the past and there may have been some oops in the past but I think Councilman Peterson made the comment that that's not the intent so, I think here it's clearly that this is the intent and so with regard to the dedication fees, to me there's not, we shouldn't be spending any time on the sewer. The staff is designing the city and doing it well and that's the right way to go so. Any further discussion or is there a motion to approve? IF City Council Meeting — Fe6ruary 13, 2006 Councilman Peterson: Motion to approve. Mayor Furlong: Motion's been made to approve staff's recommendation in the staff report for both items (a) and (b). Kate Aanenson: Can I make a clarification on one motion. This is for final plat so your recommendation actually follows on page 7. Mayor Furlong: Do you want us to read it? Kate Aanenson: Well you can just, the motion should be approving the final plat and the motion's in the... Mayor Furlong: The development contract and. Kate Aanenson: Correct, in the recommendation. Councilman Peterson: As is usually the case, that's what I meant to say. Mayor Furlong: And the minutes will so reflect what Councilman Peterson meant to say. Okay, so Councilman Peterson has made a motion. Granting final plat approval as presented in the staff report on page 7, is that fair? Kate Aanenson: Can I just double check with Paul ... it refers to plans and specs. I'm assuming that plans and specs are with the sewer. PaulOehme: Yep. Mayor Furlong: Plans and specs with the sewer the way he wants it. Kate Aanenson: Correct. Mayor Furlong: Okay. And was there a second to that? Councilman Labatt: Second. Mayor Furlong: Councilman Labatt, thank you. Motion's been made and seconded. Is there any discussion? Councilman Peterson moved, Councilman Labatt seconded that the City Council grants final plat approval of Planning Case #05-42 Orchard Green, for 4 single-family lots as shown on the plat stamped `Received January 23, 2006' and construction plans stamped `Received January 26,2006', subject to the following conditions: 1. Applicant shall submit a landscaping plan showing 19 trees as replacement plantings. Plan shall specify size, species, and locations. 46 City Council Meeting — February 13, 2006 • 2. All areas outside of grading limits shall be protected by tree preservation fencing. Fencing shall be installed prior to grading and excavation for homes on each lot. Any trees shown as preserved that are removed or damaged shall be replaced at a rate of 2:1 diameter inches. 3. The water and sanitary hook-ups for lot 2 must be moved to the driveway in order to preserve the 12" maple. 4. The developer must obtain all permits necessary to remove the existing homes. 5. The grading plan must be revised as follows: a. All proposed contours must tie in to existing contours, particularly the 992', 990' and 988' contours on the west side of Lot 1; and the 996', 994' and 992' contours on the east side of Lot 3. b. Staff recommends that the low floor elevations for Lots 1 and 2 be lowered one foot to achieve an 8 foot walkout. Staff recommends that steps be installed in the garage on Lots 3 and 4 to achieve an 8 foot walkout. c. A drainage breakpoint elevation must be shown northeast of the building pad comer on Lot 3. 6. Any proposed retaining wall over four feet high requires a building permit and must be designed by a Professional Engineer registered in the State of Minnesota. 7. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 8. The developer must acquire a Work in Right of Way Permit from the Engineering Department before commencing work in the right of way and shall submit a financial security to ensure that Orchard Lane and Forest Avenue are properly restored after the services have been installed. 9. Detailed grading, drainage, tree removal and erosion control plans must be submitted with the building permit for each lot. 10. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA and the Watershed District. 11. 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: 47 A Time Type of Slope (maam time an area can remain un' egetated when area is not active) bei worked Steeper than 3:1 7 Days 47 A City Council Meeting — February 13, 2006 • 10:1 to 3:1 1 14 12. 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. 13. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 14. The plans shall be revised to show the location(s) of the rock construction entrance(s). 15. Based on the proposed developed area of approximately 2.02 acres, the water quality fees associated with this project are $3,232; the water quantity fees are approximately $5,858. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $9,090. 16. In the absence of parkland dedication, it is recommended that Orchard Green pay full park dedication fees at the rate in force upon final platting. At today's rate, these fees would total $23,200 (4 lots x $5,800). 17. The developer shall install lateral sanitary sewer to the east property line. The cost to complete this work is the developer's responsibility. 18. The developer shall pay the $10,544.00 lateral water connection charge with the final plat. 19. The first two building permits issued for this development will be charged the trunk sanitary sewer and water hook up charges and the $1,575.00 SAC fee. 20. Demolition permits must be obtained before demolishing any existing structures. 21. Provide a cleanout on the sewer service for Lot 3. 22. The site must be mass -graded. The developer must post a security for this work with the final plat. 23. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued." All voted in favor and the motion carried unanimously with a vote of 5 to 0. Councilman Peterson moved, Councilman Labatt seconded that the City Council approve the construction plans and specifications for Orchard Green dated January 20, 2006, prepared by Terra Engineering, Inc. and the development contract dated February 1, 2006, conditioned upon the following: M City Council Meeting — February 13, 2006 The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit in the amount of $66,589 and pay a cash fee of $44,937.50. 2. The applicant's engineer shall work with city staff in revising the construction plans to meet City standards. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSIDERATION OF CHANGE ORDER TO HIGHWAY 212 PROTECT OF THE POWERS BOULEVARD BRIDGE IMPROVEMENTS. Paul Oehme: Thank you Mayor, City Council. The, just wanted to apologize for the late notice on this. We did receive a quote on these improvements very late in the game here. We have been working with MnDot and design road contractor to try to get these costs to us sooner but. Councilman Lundquist: They're too busy hauling dirt all night. Paul Oehme: It's been a struggle. Todd Gerhardt: And driving through the Lake Susan development. Paul Oehme: So anyway, the improvements that have council consider tonight is installing footing foundations or blisters and conduit in the Powers Boulevard bridge section that's being built in connection with the 212 project. That bridge is currently being built right now as we speak at this location here. The pilings have been done. The beams are in place and they're starting to work on forming the decking right now. One of the improvements that we, staff has talked about was to facilitate a future lighting of that bridge, and the bridge is shown on this sheet here. North is this way. There's bridge sections here. This is westbound 212 and eastbound's over here. Trail's on the west side. 10 foot wide trail. And to facilitate potential lighting on the bridge, we have asked ... MnDot to do us a cost of putting in the foundations and the conduit and those are shown in the highlighted areas. There's 7 in total for, on the trail side and 3 on the opposite side of the bridge. Now is the time if council wants to put lights on this bridge, now's the time to at least consider putting in the infrastructure to make that happen in the future. We don't have to put in lights at this time but it's very problematic to put in the foundations, the blisters and the conduit in the future. The cost for that, those improvements in your background are $46,500 to pay for that. For those improvements at this time. And the funding would come from the state aid loan agreement that the city has entered in with to fund, to pay for the improvements that are being built in conjunction with the 212 project. So at this time I stand for questions. Give maybe a better idea of what a blister is. This is the bridge section here. Railing is along the bridge section and the ... would actually sit out in back of the wall section so. Mayor Furlong: Okay, good. Any questions for staff? M CITY OF CBANHA3SEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952 227,1100 Fax: 952.227.1110 Building Inspections Phone: 952 227.1180 Fax: 952 227.1190 Engineering Phone: 952.227.1160 Fax: 952.227 1170 Finance Phone: 952 227,1140 Fax 952.227.1110 Park 8 Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning 8 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 uchanhassen.mn.us 0 Qs4,;k, MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Josh Metzer, Planner I DATE: February 13, 2006 b�" SUBJ: Orchard Green Final Plat Planning Case #05-42 PROPOSAL SUMMARY The developer is requesting final plat approval to subdivide two lots with an area of 2.02 -acre parcel into four (4) single-family lots on property zoned Single Family Residential (RSF). The applicant wishes to challenge staffs recommendation that the developer install lateral sanitary sewer to the east property line and pay park dedication fees for four lots rather than two. The City Attorney has addressed this issue in the letter attached to this report. ACTION REQUIRED City Council approval requires a majority of City Council present. BACKGROUND On December 6, 2005, the City Council approved the preliminary plat for Orchard Green — Planning Case 05-42 for the subdivision of two single-family lots into four single-family lots as shown on the plans stamped "Received November 4, 2005", with conditions. GRADING, DRAINAGE & EROSION CONTROL The 2.02 -acre site currently has two single-family homes on moderate slopes that are sparsely wooded. The existing houses and driveways will be removed and four new homes are proposed to be constructed. The high point of the site is where the home on 2611 Orchard Lane lies. The proposed grading generally maintains the existing drainage pattern. The grading plan must be revised as follows: a) All proposed contours must tie in to existing contours, particularly the 992', 990' and 988' contours on the west side of Lot 1; and the 996', 994' and 992' contours on the east side of Lot 3. b) Staff recommends that the low floor elevations for Lots 1 and 2 be lowered one foot to achieve an 8 -foot walkout. Staff recommends that steps be installed in the garage on Lots 3 and 4 to achieve an 8 -foot walkout. "M� The City of Chanhassen • A growing community with clean lakes, qualityschools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Orchard Green • • Planning Case 05-42 February 13, 2006 Page 2 c) A drainage breakpoint elevation must be shown northeast of the building pad corner on Lot 3. The developer proposes to have the lots custom graded. Staff does not support the custom grading since the amount of cut is up to 7 feet in some places. When the amount of cut or fill exceeds 2 feet, mass grading is necessary to ensure that the site is graded according to the approved grading plan. Based on this recommendation, the developer will be required to submit a grading and erosion control security with the final plat. Hydrology calculations have been submitted. The proposed peak discharge rate and volume will not significantly increase with this development. The plan does not identify any retaining walls. Any proposed retaining wall over four feet high requires a building permit and must be designed by a Professional Engineer registered in the State of Minnesota. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. There are three existing water services and two existing sanitary sewer services to the site. The developer must acquire a Work in Right -of -Way Permit from the Engineering Department before commencing work in the right-of-way and shall submit a financial security to ensure that Orchard Lane and Forest Avenue are properly restored after the services have been installed. According to the City's Finance Department records, each parent parcel was assessed for one sanitary sewer and watermain service. In lieu of payment of the sanitary sewer lateral connection charge, the developer shall extend the sanitary sewer to the eastern property line of the development. The cost to extend the sewer is the developer's responsibility. This sanitary sewer will provide service to the Morlock property to the north, which is currently vacant, but has been graded to accommodate the construction of a lookout or walkout home. The owner/builder of the Morlock property will be responsible for the installation of sanitary sewer and water services to the property when the property is developed. The remaining developable area north of Orchard Lane is significantly lower than the street elevation. Without bringing in a significant amount of fill, this area cannot be accessed from Orchard Lane. Sanitary sewer to serve this area can be extended from the existing lateral at the intersection of Orchard Lane and Oriole Lane. If fill is brought into this area and access is from Orchard Lane, the sanitary sewer being extended with the Orchard Green development should be deep enough to serve the area. The developer of this area would be responsible for the extension of the lateral sanitary sewer. Orchard Green • Planning Case 05-42 February 13, 2006 Page 3 0 The watermain lateral connection charge must be paid for two parcels and is calculated as follows: $5,272.00/unit x 2 units = $10,544.00 Lateral Water Connection Charge The lateral connection charges can be assessed at 8% for 8 years. The trunk water and sanitary sewer hook up charges for two lots will be collected with the first two building permits issued for this subdivision. The 2006 trunk water hook up charge is $4,078.00/unit and the 2006 trunk sanitary sewer hook up charge is $1,575.00/unit. The trunk hookup charges can be assessed at 8% for 4 years. The $1,575.00/unit SAC fee will be collected with the first two building permits issued for this subdivision. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA and the Watershed District. STREETS Orchard Lane and Forest Avenue are local streets within a 60 -foot wide right-of-way. The paved width of Orchard Lane is 22 feet and 24 feet on Forest Avenue. There are no street improvements associated with this project. COMPLIANCE WITH ORDINANCE — RSF DISTRICT Lot Area Lot Frontage Lot Depth Setbacks 30' front/rear Ordinance 15,000 ft2 90' 125' 10' sides 30' front/rear Lot 1 20,981 ft2 94' 221' 10' sides 30' front/rear Lot 2 19,931 ft2 93' 216' 10' sides 30' front/rear Lot 3 20,694 ft2 92' 224' 10' sides 30' front/rear Lot 4 26,627 ft2 100' 255' 10' sides Total 88,233 ft2 Orchard Green • • Planning Case 05-42 February 13, 2006 Page 4 REVIEW CONDITIONS OF APPROVAL 1. Applicant shall submit a landscaping plan showing 19 trees as replacement plantings. Plan shall specify size, species, and locations. *This condition still applies. 2. All areas outside of grading limits shall be protected by tree preservation fencing. Fencing shall be installed prior to grading and excavation for homes on each lot. Any trees shown as preserved that are removed or damaged shall be replaced at a rate of 2:1 diameter inches. *This condition still applies. The water and sanitary hook-ups for lot 2 must be moved to the driveway in order to preserve the 12" maple. *This condition still applies. 4. The developer must obtain all permits necessary to remove the existing homes. *This condition still applies. 5. The grading plan must be revised as follows: a. All proposed contours must tie in to existing contours, particularly the 992', 990' and 988' contours on the west side of Lot 1; and the 996', 994' and 992' contours on the east side of Lot 3. b. Staff recommends that the low floor elevations for Lots 1 and 2 be lowered one foot to achieve an 8 foot walkout. Staff recommends that steps be installed in the garage on Lots 3 and 4 to achieve an 8 foot walkout. c. A drainage breakpoint elevation must be shown northeast of the building pad comer on Lot 3. *This condition still applies. 6. Hydrology calculations must be submitted and shall include pre- and post -development volume and peak discharge rates for the 2, 10 and 100 year rainfall events. *This condition has been met. 7. Any proposed retaining wall over four feet high requires a building permit and must be designed by a Professional Engineer registered in the State of Minnesota. *This condition still applies. Orchard Green • Planning Case 05-42 February 13, 2006 Page 5 E 8. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. *This condition still applies. 9. The developer must acquire a Work in Right of Way Permit from the Engineering Department before commencing work in the right of way and shall submit a financial security to ensure that Orchard Lane and Forest Avenue are properly restored after the services have been installed. *This condition still applies. 10. The developer shall pay the $29,298.00 trunk and lateral water and sewer fees in cash with the final plat or assess them to the lots within the proposed development. The lateral connection charges can be assessed at 8% for 8 years. The trunk hookup charges can be assessed at 8% for 4 years. *This condition has been revised and is addressed in conditions 17-19 of the recommended motion below. 11. Detailed grading, drainage, tree removal and erosion control plans must be submitted with the building permit for each lot. *This condition still applies. 12. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA and the Watershed District. *This condition still applies. 13. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (maximum lime an area can remain unvegetaled when area is not active) be worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. *This condition still applies. Orchard Green • • Planning Case 05-42 February 13, 2006 Page 6 14. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. *This condition still applies. 15. The plans shall be revised to show the location(s) of the rock construction entrance(s). *This condition still applies. 16. The plans shall be revised to expand the drainage and utility easement in a straight line from the point where the 978 elevation intersects the east lot line of Lot 4, Block 1, to where the 978 elevation intersects the 20' sanitary sewer easement at the southern edge of Lot 4, Block 1. Standard drainage & utility easements shall be dedicated in all other locations. *This condition still applies. 17. Based on the proposed developed area of approximately 2.02 acres, the water quality fees associated with this project are $2,208; the water quantity fees are approximately $5,464. At this time, the estimated total SWAP fee, due payable to the City at the time of final plat recording, is $7,672. *This condition still applies but fees have been revised to reflect 2006 requirements. 18. In the absence of parkland dedication, it is recommended that Orchard Green pay full park dedication fees at the rate in force upon final platting. At today's rate, these fees would total $16,000 (4 lots x $4,000). *This condition still applies but fees have been revised to reflect 2006 requirements. 19. Demolition permits must be obtained before demolishing any existing structures. *This condition still applies. 20. Provide a cleanout on the sewer service for Lot 3. *This condition still applies. 21. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. *This condition still applies. Upon review of the plans dated stamped "Received January 23, 2006" and "Received January 26, 2006", prepared by Terra Engineering, staff recommends that the following conditions be added: Orchard Green • • Planning Case 05-42 February 13, 2006 Page 7 The site must be mass -graded. The developer must post a security for this work with the final plat. 2. The developer shall install lateral sanitary sewer to the east property line. The cost to complete this work is the developer's responsibility. 3. The developer shall pay the $10,544.00 lateral water connection charge with the final plat. 4. The first two building permits issued for this development will be charged the trunk sanitary sewer and water hook up charges and the $1,625.00 SAC fee. RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The Chanhassen City Council grants final plat approval of Planning Case #05-42 Orchard Green, for 4 single-family lots as shown on the plat stamped `Received January 23, 2006' and construction plans stamped `Received January 26, 2006', subject to the following conditions: 1. Applicant shall submit a landscaping plan showing 19 trees as replacement plantings. Plan shall specify size, species, and locations. 2. All areas outside of grading limits shall be protected by tree preservation fencing. Fencing shall be installed prior to grading and excavation for homes on each lot. Any trees shown as preserved that are removed or damaged shall be replaced at a rate of 2:1 diameter inches. The water and sanitary hook-ups for lot 2 must be moved to the driveway in order to preserve the 12" maple. 4. The developer must obtain all permits necessary to remove the existing homes. 5. The grading plan must be revised as follows: a. All proposed contours must tie in to existing contours, particularly the 992', 990' and 988' contours on the west side of Lot 1; and the 996', 994' and 992' contours on the east side of Lot 3. b. Staff recommends that the low floor elevations for Lots 1 and 2 be lowered one foot to achieve an 8 foot walkout. Staff recommends that steps be installed in the garage on Lots 3 and 4 to achieve an 8 foot walkout. c. A drainage breakpoint elevation must be shown northeast of the building pad comer on Lot 3. 6. Any proposed retaining wall over four feet high requires a building permit and must be designed by a Professional Engineer registered in the State of Minnesota. Orchard Green • Planning Case 0542 February 13, 2006 Page 8 • 7. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 8. The developer must acquire a Work in Right of Way Permit from the Engineering Department before commencing work in the right of way and shall submit a financial security to ensure that Orchard Lane and Forest Avenue are properly restored after the services have been installed. 9. Detailed grading, drainage, tree removal and erosion control plans must be submitted with the building permit for each lot. 10. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA and the Watershed District. 11. 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: Tof Slope Type Ile Time (maiumum time an area can remain unvegetated when area is not actively being worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10:1 21 Days 12. 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. 13. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as -needed. 14. The plans shall be revised to show the location(s) of the rock construction entrance(s). 15. Based on the proposed developed area of approximately 2.02 acres, the water quality fees associated with this project are $3,232; the water quantity fees are approximately $5,858. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $9,090. 16. In the absence of parkland dedication, it is recommended that Orchard Green pay full park dedication fees at the rate in force upon final platting. At today's rate, these fees would total $23,200 (4 lots x $5,800). 17. The developer shall install lateral sanitary sewer to the east property line. The cost to complete this work is the developer's responsibility. Orchard Green • Planning Case 05-42 February 13, 2006 Page 9 18. The developer shall pay the $10,544.00 lateral water connection charge with the final plat. 19. The first two building permits issued for this development will be charged the trunk sanitary sewer and water hook up charges and the $1,575.00 SAC fee. 20. Demolition permits must be obtained before demolishing any existing structures. 21. Provide a cleanout on the sewer service for Lot 3. 22. The site must be mass -graded. The developer must post a security for this work with the final plat. 23. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued." ATTACIMENTS 1. Final Plat stamped "Received January 23, 2006". 2. Construction Plans stamped "Received January 26,2006". 3. Letter from Campbell Knutson to Peter Knaeble dated January 26, 2006. gAplan\2005 planning cwm\05-42 orchard Ure Vinal plat reporl.doc Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl' John F. Kelly Soren M. Mattick Henry A. Schaeffer, III Alina Schwartz Marguerite M. McCarron Gina M. Brandt ' Also Licensed in Wisconsin 1380 Corporate Center Curve Suite 317 • Fagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-taw.com CAMPBELL KNUTSON Professional Association Dired Dint. (651) 234-6215 E-mailAddress: rknuison@ck-la .com January 26, 2006 Mr. Peter Knaeble Terra Engineering/' EC��YED 6001 Glenwood Avenue Minneapolis, MN 55422 JAN 2 i 2006 RE: ORCHARD GREEN SUBDIVISION CITY OF CHANHASSEN Dear Mr. Knaeble: I am the Chanhassen City Attorney. City staff has asked me to address two concerns that you have raised. City Code Section 18-79 requires payment of park dedication charges based upon the number of lots in the subdivision. The Code does not have any provision for giving credits or exempting existing developed lots. The existing developed lots did not pay similar charges when they were created. I understand that on other projects in Chanhassen you were given credit for the existing lots. If this happened, it was done in error. If you think this issue should be revisited by the City and if the City Council agrees, the matter would have to be referred to the Planning Commission for study. I doubt very much that the study would result in any change. Extending the sewer line to the property line is a standard practice in Chanhassen and probably by other cities. It would make absolutely no sense to do otherwise. The sewer on your property is part of a City-wide system. At least from the City's perspective, this is not a debatable issue. Regards, CAMPBELL KNUTSON Prof ;1onalAsso!cUtion B Roger N. Knutson RNK:sm Chanhassen City Attorney cc: Todd Gerhardt, City Manager Todd Hoffman, Park & Recreation Director Paul Oehme, Public Works Director/City Engineer ORCHARD - GREEIV — — NE COR SEC. 4, T. 116., R.23. — CARVER CO. MON. i 152- PO o R 6 _ CN�NORCN �N�\NE 7/—' Lam' �11 ,1152'6, 48 R,04o36 1 ~ I � i 1 w l i 14 R1p2 12235 o M- 5 r 19ir E �g 02 4 44.4 1 1 \ 1 W I 025 0 1 1 8a. , 5g 11 1 1 1 11 m w l 1 1 1 1 JA i 1\ rn m I I 1 1 1 14� vll zo 1= v Z I 1 11ty 1 1 IN 1 � WEST 1/4 COR I \ 1 1 J SEC. 1, T. 116., R.23. 1 �/ � 1 � v' 1 1 92 44 � O CARVER CO. MON. I 1`�, o m 92.47 164-91 y l 2, E � </ I 1=c'� x''4°28 5 II 10110 �7 i I 5�0 / / / / 1 O 65 , THE SW CORNER OF LOT 2, BLOCK 1, HUNTINGTON PARK _____ I✓ // � \ �N�jo�o �o� // �PS�M�N / ) �1\ it -- 01 Sr i W 4a 106 r i 50 55 S \ �\DRAINAGE AND UTILITY EASEMENTS .mss ARE SHOWN THUS \ C` 0, I 51 60 \ T 15 1 \ o — —o FOR THE PURPOSE OF THIS PLAT 1 BEING 10 FEET IN WIDTH AND' THE WEST LINE OF SEC. 1 IS ADJOINING RIGHT OF WAY LINES ASSUMED TO BEAR NORTH SOUTH AND 5 FEET IN WIDTH AND ADJOINING LOT LINES 0 30 60 90 SCALE IN FEET • = INDICATES IRON MONUMENT FOUND c = INDICATES 1/2 INCH X 14 INCH IRON MONUMENT SET MARKED BY LICENCE NO. 6508 KNOW ALL MEN BY THESE PRESENTS; That Peter J. Knaeble and Roberta A.O. Knaeble, husband and wife, and Matthew R. Pavek and Sarah R. Pavek, husband and wife, fee owners, of the following described property situated in the County of Carver, State of Minnesota, to wit: That part of Lots 34 and 35, Minnewashta Park, Carver County, Minnesota, according to the recorded plat thereof, described as follows: Beginning at the southwest corne- of Lot 2, Block 1, Huntington Park, according to the recorded plat thereof; thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet to the northerly line of said Lot 35; thence southwesterly a distance of 137.27 feet, along said northerly line, on a curve, not tangent with last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes 01 seconds West : thence 67 degrees 25 minutes 19 seconds West along said northerly line, a distance of 53.60 feet; thence South 15 degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 seconds West from the point of beginning; thence North 74 degrees 50 minutes 06 seconds East a distance of 167.70 feet, the point of beginning. ALSO That part of Lots 34 and 35, Minnewashta Park, Carver County, Minnesota, according to the recorded plat thereof, described as follows: Commencing at the southwest corner of Lot 2, Block 1, Huntington Park, according to the recorded plat thereof; thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet to the northerly line of said Lot 35; thence southwesterly a distance of 137.27 feet, along said northerly line, on a curve, not tangent with last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 137.18 feet which bears South 70 degrees 50 minutes 01 seconds West along said northerly line a distance of 141.61 to the point of beginning of the land to be described; thence North 67 degrees 25 minutes 19 seconds East, along said northerly line, a distance of 88.01 feet; thence South 15 degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degrees 50 minutes 06 seconds West from the point of commencement; thence South 74 degrees 50 minutes 06 seconds West a distance of 51.55 feet to the westerly line of said Lot 34; thence Northwesterly along said Westerly line, a distance of 99.98 feet, to the intersection with a line bearing Soputh 9 degrees 05 minutes 00 seconds East from the point of beginning; thence North 9 degrees 05 minutes 00 seconds West a distance of 231.98 feet, to the point of beginning.the point of beginning. have caused the sone to be surveyed and platted as ORCHARD GREEN and do hereby donate and dedicate to the public for public use forever the easements as shown on the plat for drainage and utility purposes only. In witness whereof said that Peter J. Knaeble and Robin A.O. Knaeble, husband and wife have caused these presents to be signed this _ day of , 200_, and in witness whereof Matthew R. Pavek and Sarah R. Pavek, husband and wife, have caused these presents to be signed this day of , 200_, signed Peter J. Knaeble Robin A.O. Knaeble signed Matthew R. Pavek Sarah R. Pavek State of Minnesota, County of The foregoing instrument was acknowledged before me this day of 200_, by Peter J. Knaeble and Roberta A.O. Knaeble, husband and wife. Notary Public, County, Mn. State of Minnesota, County of My Commission Expires The foregoing instrument was acknowledged before me this day of 200_, by Matthew R. Pavek and Sarah R. Pavek, husband and wife. Notary Public, County, Mn. My Commission Expires I hereby certify that I have s urveyed and platted the property described on this plat as ORCHARD GREEN that this plat is a correct representation of the survey; that all distance are correctly shown on the plat in feet and hundredths of a foot ; that all monurents have been or will be placed in the ground as shown,as required by the local governmental unit ; that the outside boundary lines are correctly designated on the plat and that there are no wetlands as defined in Minnesota Statutes Section 505.02, Subd. 1 to be designated on the plat. Frank R. Cardarelle, R.L.S Minnesota License No. 6508 State of Minnesota, County of Hennepin The foregoing instrument was acknowledged before me this day of 200_, by Frank R. Cardarelle, a Licensed Professional Land Surveyor. Notary Public, Hennepin County, Mn. My Comnission Expires CHANHASSEN, MINNESOTA This plat of ORCHARD GREEN was approved and accepted by the City Council of the City of Chanhassen, Minnesota, at a regular meeting held this day of , 200—. If applicable, the written corm-ents and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minn. Statutes, Section 505.03, Subd. 2. CITY COUNCIL OF THE CITY OF CHANHASSEN Mayor Clerk COUNTY SURVEYOR Carver County Pursuant to Chapter 395, Minnesota Laws of 1971, this plat has been approved this day of 200_. 7 SCANN6a John E. Freernyer, County Surveyor COUNTY AUDITOR, Carver County I hereby certify that taxes payable in 200_ and prior years have been paid for land described on this plat. Dated this day of 200_. Mark Lundgren, County Auditor by Deputy REGISTRAR OF TITLES, Carver County I hereby certify that this plat of ORCHARD GREEN was filed this day of 200_, at o'clock M., as Docur*nt Number _ _ CITY OF CHANHASSEN Carl W. Hanson, Registrar of Titles by RECEIVED JAN 2 3 ?_QRS SCANN6a PRELIMINARY PLANS FOR: ORCHARD GREEN CH AN H ASSEN, MINNESOTA \ #2520 v ORCHARD \_ \ LANE FRAZIER \ #2540 / O ORCHARD LANE _ / BROWN O�G #2630 ORCHARD LANE / a 2RATHMAN CO1 1 #2521 / n ORCHARD LANE �0� 1 11 202 94 SF I i 2 1 0 1 119,931 SF 1 1 1 11 G 9g8.0PA� I 2,981 SF o 1 II 99B.0 GI I 7, w A�KcJuT I N / I G 1 1 -7 0X50 LK�D T I 1 16 994.0. 1 �' W I qq� .0 T I N 11 1 w O I 1 -70\/\50 P A0 I LiviNGs�o��7,WALKou #Z CH ARO 1 I N 199A .0 1 1 KNUT I °R E II I 1 #2641SON 987 ORCHARD I N I 1 1 1, 30, RSg LANE BL_ 1�� 292 92- 92 I \ C' � 26,6/27 I SF \ \�� o% o o / o RIESSLEMAN #6320 \ a '� o / 1 FOREST CIRCLE /- D G / '1 `V \ � / s Ir / /–J / LANG #2631 FOREST AVENUE �� \ DRAGSETH #2600 FOREST AVENUE MA PQ V J: k zn' 1 ,A.nOee Rd KE M[NNETE7NKA .—. - 00trr rAdilr pax T7 Lafaveffp Ave LOCATION MAP NO SCALE SHEET INDEX SHEET DESCRIPTION 1 PRELIMINARY SITE PLAN, PRELIMINARY PLAT 2 EXISTING CONDITIONS PLAN 3 PRELIMINARY GRADING, DRAINAGE EROSION CONTROL PLAN, PRELIMINARY TREE PRESERVATION PLAN 4 PRELIMINARY UTILITY PLAN F I I 949. I WALKOUT 944.0 �I 3�� IL I I L------- _1 TYP. LOT BROW LINE LOT LINE SITE DATA TOTAL SITE AREA 2 02 AC DESIGNED P.J.K✓M.R.P. I DRAWN M.R.P. CHECKED P.J.K. GARAGE FRONT ELEVATION # OF LOTS 4 Q (GARAGE LOCATED ON LOT HIGH SIDE) DENSITY 2.0 UNITS/AC Z O PAD TYPE EXZONING RSF Q (n —TYPICAL 70' WIDE X 50 . ' DEEP PAD (SINGLE FAM. RES. DISTRICT) a W Q Z W J Z GROUND ELEVATION AT REAR DO W DOII o DENOTES �o - - - W z a4 E oo � o DENOTES N y N p - Z c 3 m (30' FRONT 30' REAR, 10' SIDE TYP.) CITY OFCHNHAVEDSSEN ate— C O y 7 J 6` i.i U 6� a N Ln ID n� o 0 o� PROPOSED SPOT ELEVATION U v S o>E Q 3 E o Lw � - Q = CHANHASSEN PANNING DEPT GARAGE FRONT ELEVATION # OF LOTS 4 Q (GARAGE LOCATED ON LOT HIGH SIDE) DENSITY 2.0 UNITS/AC Z O PAD TYPE EXZONING RSF Q (n —TYPICAL 70' WIDE X 50 . ' DEEP PAD (SINGLE FAM. RES. DISTRICT) a W Q Z W J Z GROUND ELEVATION AT REAR B 5 W SOIL BORING — LOT NUMBER DENOTES SILT FENCE/GRADING LIMIT - - - W EXISTING CONTOURS – BUILDING SETBACK LINE DENOTES PROPOSED CONTOURS —» »— DENOTES Z (30' FRONT 30' REAR, 10' SIDE TYP.) CITY OFCHNHAVEDSSEN SANITARY SEWER —8"—W— U W x 1056.23 DENOTES EXISTING SPOT ELEVATION X 1056.0 DENOTES PROPOSED SPOT ELEVATION DRAINAGE & UTILITY EASEMENTS (TYP.) NOV O 40 2005 Q Q (10' FRONT & REAR, 5' SIDE TYP.) - Q = CHANHASSEN PANNING DEPT LEGEND: B 5 DENOTES SOIL BORING DENOTES SILT FENCE/GRADING LIMIT - - - DENOTES EXISTING CONTOURS 1056 DENOTES PROPOSED CONTOURS —» »— DENOTES STORM SEWER —> >— DENOTES SANITARY SEWER —8"—W— DENOTES WATERMAIN x 1056.23 DENOTES EXISTING SPOT ELEVATION X 1056.0 DENOTES PROPOSED SPOT ELEVATION EOF a 1059.0 DENOTES EMERGENCY OVERFLOW ELEVATION N _j_j =Z W W O Q D:fofQ�= W W0- OU ti w W Ezi DATE c 11/4/05 30 0 S 30 60 PROJECT NO. S 05-125 WARNING SCALE IN FEET THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE SHEET NO. WAY ONLY. THE EXCAVATING CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. THE CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURI. TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. MH91 — �N �Q owe � 10 V=955.17 i� of INV=968. 0 e o SE o � °P ^ 1 Tl �, �Q ORON P �.." P 0 O y Q" , / / ,•p ti r ' 63� �e (� RCo A /...KNUTSON P - 0 0 oti —1 LANE �� oP, #2641 ORCHARD LANE 6, C o C - S I . 1 o o �Q� / N / �ti 0OP`( o� �Q� AREA H93 x T P=981.74 -, IN 955.74N — 5.84SE RIESSLEMAN INV — #6320 /, C3Q FOREST \ \ `D ° �O �p CIRCLE /Go 0 cj ro�ew e � �Q� G � O £o MH95n Ir / Q / H94 / LANG TQP=972. / #2631 INV= 56.41 , FOREST INV=9 6.41E AVENUE �� \ o— eQ TOP=977.08 INV -957.08W �n oIN,V=957.08E DESIGNED P.J.K✓M.R.P. I DRAWN M.R.P. CHECKED P.J.K. r - DENOTES 00 o L C DENOTES 0 0 Q DENOTES ti a�� w Z N 0 N � N m "z=3 O, N N SANITARY SEWER —8"—W— N U O o� aJ C w L E N O O v o >.,o'\ d Lo Ln pUj !E t € O a� L0 C Y o >, E > 3 E o L M a o N 0 0,. C Q) O O o � C N w N z > co O U O Lo (W O _ (N C) cn cr- Q Z n = M C3 c6 O) 0) L0 o M �r- d e e 12 , pp N V _ N C W C 5m �•= U c W DESIGNED P.J.K✓M.R.P. I DRAWN M.R.P. CHECKED P.J.K. LEGEND: B-5 DENOTES 00 o L C DENOTES 0 0 Q DENOTES EXISTING CONTOURS a�� w Z Eovo —» »— N � N m "z=3 O, O SANITARY SEWER —8"—W— N U O o� aJ C w L E N O O v o >.,o'\ d wN U X 1056.0 pUj !E t € O a� U N C Y o >, E > 3 E o L a o N 0 0,. C Q) � .�wv) o � 0- LEGEND: B-5 DENOTES SOIL BORING Q DENOTES SILT FENCE/GRADING LIMIT Q DENOTES EXISTING CONTOURS 1056 DENOTES PROPOSED CONTOURS —» »— DENOTES STORM SEWER O SANITARY SEWER —8"—W— DENOTES WATERMAIN x 1056.23 DENOTES cn X 1056.0 DENOTES w EOF 401059.0 Z EMERGENCY OVERFLOW ELEVATION Z O z � Z � o w z w �z O U U (W C) cn cr- Q Z Q = LEGEND: B-5 DENOTES SOIL BORING ......— DENOTES SILT FENCE/GRADING LIMIT DENOTES EXISTING CONTOURS 1056 DENOTES PROPOSED CONTOURS —» »— DENOTES STORM SEWER DENOTES SANITARY SEWER —8"—W— DENOTES WATERMAIN x 1056.23 DENOTES EXISTING SPOT ELEVATION X 1056.0 DENOTES PROPOSED SPOT ELEVATION EOF 401059.0 DENOTES EMERGENCY OVERFLOW ELEVATION N V U Q W W O U ti � W W E DATE c 11/4/05 30 O S 30 60 PROJECT NO. WARNING SCALE IN FEET 05-125 THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE SHEET NO. WAY ONLY. THE EXCAVATING CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. THE CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. \ m...... \ ,. FRA/ 1- \ / .,` L J A\ !_ t 0000,00 �<�84.�: � � ♦ GR i / ,I L/ � � ,i" � ___ _ / ♦ �1 Ii 'r} l !: 1. i r L, �y` "IN ♦ ` 2 �G V= IL X9 4 41* L A / t 70 1 3 g o , _ , _- 955.17 °INV=968. 0 o�� k , Qr NO Z. / _T1 9go1 1 4 ti A� -5 ,00/ P x i - �a� ��, GJ�x go f i Y� f _ , t r� 991.0 N T _ / g 0 tixv, ♦ P 4E - I 1 0 / n RE ' �o? „ _ C It V F ■ lJ I•\�I If''71 \I:_i � '1 .,- �i.,i '1'..,. i� "•. �� L /l'�� •�\/ ./ I - L:c 1 • i3o I 0)17-1 o t , > �rL � ARE H93 TQP-981.74 INVx�--955.741\1 f=.P,1.A ,\I INV= 5.84SE t� z - r f Ir / ov 0 AN ° 1 to I D% 00 S to G 0r go QQG iO i r i� P _ __ ---- •��, Q ;; ��;�� TC9.P=977.08 INV)z=957 08W z� IN, a 57.08E co:) :. 0\ L N Tb -P-972. _ . ,� ,� INV= 56.41 � `• � e�� .... __......_. ` ~I 6.�j� _.._ - - INV=9 41E F F, l - - I \J �� \ - �_ TREE PRESERVATION CALCULATIONS: Nava Stray Bales Total site area 2.02 ac. Q Max. number of trees/species Baseline canopy cover area 0.65 ac. (32.2% of total site Non -canopy cover area 1.37 ac. (67.8% of total site) Canopy area to be removed 0.40 ac. CITY OF C (to grading limit shown) as CHANHASSEN LO defined and controlled by MN Statute 18.44-18.61, Canopy cover area remaining after grading 0.25 ac. (12.4% of total site) (to grading limit shown) COMMON/BOTANICAL NAME CODE QTY. SIZE Min. canopy cover required 0.61 ac. (30.0% of total site) (per City table ® 30% of total site) X 8' BB Black Hills Spruce/Picea glauca densata BHS Additional canopy cover required 0.36 ac. x 1.2 = 0.43 ac. = 18,730 sf Area of canopy cover/tree (per City) 1089 sf/tree O a o DENOTES No. of landscape trees required 18 trees o THIS NUMBER MAY BE LOWERED IF FINAL GRADING LIMITS ARE LESS THAN THOSE SHOWN. NOTE: ALL LOTS TO BE CUSTOM GRADED BY BUILDER. 2 EXISTING HOMES TO BE REMOVED. Note: Silt fence per MNOOT specifications, source 2000, machine sliced woven monofilament, 36'wide fastened steel T Posts with 31 tens strength plastic zip ties per T -Post. (Machine sliced) GRADING NOTES: * See City staff report for erosion control notes. * Trees must be removed from site or chipped (no burning). * Temp. site seeding/mulch required within 14 days after site grading is complete. * Daily street sweeping and scraping is reqd. (if necessary). * City requires a detailed haul route and traffic control plan for importing material (by Contractor). * See detail sheet for standard grading notes and SWPPP PRELIMINARY LANDSCAPE NOTES: Nava Stray Bales No. of replacement trees required 18 trees (per calculation) Q Max. number of trees/species 1/3 of total o ELv , Z E o 0 0 W a• Y b Wi A,. •nOgMW IYn. Min. % of conifers 20% N e N �eQe o CV Deciduous tree size 2.5 ci avg.; 1.5 ci min. CV Coniferous tree size 7' avg.; 6' min. CITY OF C Trees shall be from certified nursery stock as CHANHASSEN LO defined and controlled by MN Statute 18.44-18.61, BEV6ED:7-w, 1 -02.1.12.I -a IDATE: 2-97 the Plant Pest Act. ill£ NMIE: �� la In o O COMMON/BOTANICAL NAME CODE QTY. SIZE White Pine/Pinus strobus WP X 8' BB Colorado Green Spruce/Picea pungens CGS X 8' BB Black Hills Spruce/Picea glauca densata BHS X 8' BB I. g EROSION CONTROL FENCE - TYPE 1 Note: Type 2 silt fence is the some as type I with hay bales installed as per detail. Type 2 to be used to protect all wetlands. DESIGNED P.J.K./M.R.P. I DRAWN M.R.P. CHECKED P.J.K. It Nava Stray Bales _ t _ f .w wtltlr enn n:w�: u• YmvP np lw oa,•4 Zip Ties Q o ELv , Z E o 0 0 W a• Y b Wi A,. •nOgMW IYn. d EROSION CONTROL N e N �eQe o CV FENCE - TYPE 2 SOIL BORINGJ CV (V U CITY OF C SILT CHANHASSEN LO FENCE BEV6ED:7-w, 1 -02.1.12.I -a IDATE: 2-97 PuM NO.. 5300 ill£ NMIE: �� la In o O m DESIGNED P.J.K./M.R.P. I DRAWN M.R.P. CHECKED P.J.K. It o C 01) p a- C oo Q o ELv , Z E o 0 0 d N e N �eQe o CV 0 SOIL BORINGJ CV (V U aQ C w JLLJ O Lv LO M - DENOTES rn w aO_) U��C a`t v �� la In o O m m � � c•- Ue 7� PROPOSED CONTOURS c � Y Wa_LLI� � a r STORM SEWER W E N 0 v c a d C Q &, 01 t c Co O a o DENOTES c i o -8"-W- LO Q O DATE 11/4/05 CV DENOTES � N M c o PROPOSED SPOT ELEVATION Q o PROJECT NO. LLI c� m rn zQ� J (D u) � oJO LLJ o c �0QOf Z r- ~ > 0 � m C U _ •y � c d w_ U`9 W DESIGNED P.J.K./M.R.P. I DRAWN M.R.P. CHECKED P.J.K. It �0� Q Q LIJ Q = z � =z LEGEND: o C 01) p a- C oo Q o ELv , Z E o 0 0 d N e N �eQe o B-5 Cf SOIL BORINGJ LLQ Ir U aQ C w JLLJ O Lv + j y - DENOTES EXISTING CONTOURS w aO_) U��C a`t v �� la In o O 1056 m � � c•- Ue 7� PROPOSED CONTOURS c � Y Wa_LLI� -» »- DENOTES STORM SEWER W E T 3 E O d 0 v c a d C Q &, 01 t C t C Z,.wcn O a o DENOTES LLI `�d O J J L -8"-W- DENOTES Q DATE 11/4/05 x 1056.23 DENOTES EXISTING SPOT ELEVATION Q U fl:�(nZ o PROPOSED SPOT ELEVATION Q PROJECT NO. LLI EOF ♦ 1059.0 DENOTES EMERGENCY OVERFLOW ELEVATION z zQ� J Z oJO LLJ �0QOf Z ~ > 0 ALJ �0� Q Q LIJ Q = z � =z LEGEND: N p a- U Q B-5 DENOTES SOIL BORINGJ LLQ O U - - - - - - - DENOTES SILT FENCE/GRADING LIMIT JLLJ O Lv - DENOTES EXISTING CONTOURS �� 1056 DENOTES PROPOSED CONTOURS Wa_LLI� -» »- DENOTES STORM SEWER W E ti -> >- DENOTES SANITARY SEWER -8"-W- DENOTES WATERMAIN DATE 11/4/05 x 1056.23 DENOTES EXISTING SPOT ELEVATION X 1056.0 DENOTES PROPOSED SPOT ELEVATION S PROJECT NO. EOF ♦ 1059.0 DENOTES EMERGENCY OVERFLOW ELEVATION 30 0 30 60 WARNING SCALE IN FEET 05-125 THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE SHEET NO. WAY ONLY. THE EXCAVATING CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. THE CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. MH91 .-9 V=955.17 INV=968. C / Z CONNECT TO SAN (2)� IN STREET (TYP.) REPLACE STREET IN KIND (SEE CITY STANDARD DETAIL) i Z h 1 MNg2 °S�' / SAN SERV. LOT 1, - INSTALL CLEANOUTS AS REQUIRED EX. WATER SERVICE LOT 1 EX. SAN SERV. EX. WATER SERVICE LOT 2 - SAN SERV. LOT 2, INSTALL CLEANOUTS 2 AS REQUIRED BL 1 EX. WATER I SERVICE LOT 3 SAN SERV. CONNECT TO EXISTING SERVICE, REROUTE TO LOT 3, INSTALL CLEANOUTS AS REQUIRED IN -SAN SERV. CONNECT TO EXISTING SERVICE, REROUTE TO LOT 4, INSTALL CLEANOUTS AS REQUIRED PROP. WATER SERVICE, CONNECT TO i 6" HYDRANT LEAD i W UTILITY NOTES: SANITARY SEWER SERVICE = 6" PVC SDR26 WATER SERVICE = 1" TYPE K COPPER MH95 TOP -977.08 INV -957.08W INV=957.08E rk Street PL Variable I 6' METAL FENCE POST DENOTING CURB BOX. TOP 6" PAINTED BLUE. CURB BOX WITH 1 1/4" t STANDPIPE AND STATIONARY ROD. Z ,n Water Service r� 1"X1" Corporation Cock r1" Type "K" Copper Concrete Block Support Water Main NOTES: 1. DO NOT PLUG END OF CURB STOP. 2. THE USE OF PIGTAILS ARE NOT PERMITTED, 3. THE COPPER SERVICE LINE BETWEEN THE MAIN LINE AND CURB B0X SHALL BE ONE CONTINUOUS PIECE. SPLICES WILL NOT BE PERMITTED. 4. CORPORATION COCK TO BE 1"X1" INSIDE DIAMETER. 5. SADDLE REQUIRED ON 6" DIP OR SMALLER MAIN. 5. SADDLES WHEN REQUIRED SHALL BE FORD STYLE F202 DOUBLE STRAP. 7. STAINLESS STEEL SADDLES REQUIRED ON ALL PVC WATERMAIN. CITY OF TYPICAL_ CHANHASSEN WATER SERVICE REVISED: 1-98 DATE: 2-97 PLATE NO.: 1005 FILE NAME i= L y CL PL Variable 9' z co Wye Plugged End € Bend O1 �1/8 6" PVC SDR -26 Pipe Min. Slope 1/4" Per Foot J J C_ my �•� 2"x2" Marker �1/2 Pipe Diameter Min. See Note 2. Sanitary Sewer Gravity Main SANITARY SEWER SERVICE CONNECTION DETAIL Services to be Used in Conjunction with Plastic Pipe Sewer Main for Depths of Cover with Less Than 16 Feet. NOTES: 1. Solvent Weld all Joints. (Non Gasketed) 2. When Sanitary Sewer Service is not Accompanied by a Water Service in the Some Trench, Install a 6' Heavy Metal Fence Post Next to 2 x 2 Marker and Paint Top 6" of Post Florescent Green. 3. Cleanout Required on Private Property if Distance from Main to House Exceeds 90 Feet. 4. All pipe shall be bedded on granular borrow 314A or course filter aggregate (3149H). CITY OF N � C •- V 7 C � Y TYPICAL SANITARY CHANHASSEN SEWER SERVICE REVISED: 2-9961-0 DATE: 2-97 _97 PLATE NO.: 2001 FILE NAME: ti N N N "t '-i LO Ln LO M a> 0 c a) CD a> x Li _0 Ln O _ N � N M O O � a) 0 a5 0-) cH a) LO o Cl) r- ■ DESIGNED m C M.R.P. I CHECKED � c 0 O C J C_ my �•� O c E.9 -0 0 w c s� AM � U ■ DESIGNED P.J.K./MR.P. DRAWN M.R.P. I CHECKED P.J.K. LEGEND: B-5 DENOTES SOIL BORING DENOTES SILT FENCE/GRADING LIMIT - -- DENOTES EXISTING CONTOURS 1056 DENOTES PROPOSED CONTOURS —» »— DENOTES STORM SEWER —> >— DENOTES SANITARY SEWER —8"—W— DENOTES WATERMAIN x 1056.23 DENOTES EXISTING SPOT ELEVATION X 1056.0 DENOTES PROPOSED SPOT ELEVATION EOF ♦ 1059.0 DENOTES EMERGENCY OVERFLOW ELEVATION Ld U Q 0:� O _ W a_ O 0 I- W W E DATE 11/4/05 S O. 30 0 30 60 PROJECT N WARNING SCALE IN FEET 05-125 THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE SHEET NO. WAY ONLY. THE EXCAVATING CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. THE CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. Z Q Q 0 O C J � C O O L 0 O O c E.9 -0 0 z_ N , y N p 1F >'Z23 v �_ o a-2 C Lei o «oN� 01 a: O N � N 0 o N � C •- V 7 C � Y O T E Ld �3Eo�0 � Z t— L n C L C - O J - � ..WU7 d c) LEGEND: B-5 DENOTES SOIL BORING DENOTES SILT FENCE/GRADING LIMIT - -- DENOTES EXISTING CONTOURS 1056 DENOTES PROPOSED CONTOURS —» »— DENOTES STORM SEWER —> >— DENOTES SANITARY SEWER —8"—W— DENOTES WATERMAIN x 1056.23 DENOTES EXISTING SPOT ELEVATION X 1056.0 DENOTES PROPOSED SPOT ELEVATION EOF ♦ 1059.0 DENOTES EMERGENCY OVERFLOW ELEVATION Ld U Q 0:� O _ W a_ O 0 I- W W E DATE 11/4/05 S O. 30 0 30 60 PROJECT N WARNING SCALE IN FEET 05-125 THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE SHEET NO. WAY ONLY. THE EXCAVATING CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. THE CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. Z Q Q J O ' ^ Ld �_ _J 7Z 7 CZ Z G L 1 Ld � � Z 0 LdLd Q 0 C/) Z � Q LEGEND: B-5 DENOTES SOIL BORING DENOTES SILT FENCE/GRADING LIMIT - -- DENOTES EXISTING CONTOURS 1056 DENOTES PROPOSED CONTOURS —» »— DENOTES STORM SEWER —> >— DENOTES SANITARY SEWER —8"—W— DENOTES WATERMAIN x 1056.23 DENOTES EXISTING SPOT ELEVATION X 1056.0 DENOTES PROPOSED SPOT ELEVATION EOF ♦ 1059.0 DENOTES EMERGENCY OVERFLOW ELEVATION Ld U Q 0:� O _ W a_ O 0 I- W W E DATE 11/4/05 S O. 30 0 30 60 PROJECT N WARNING SCALE IN FEET 05-125 THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE SHEET NO. WAY ONLY. THE EXCAVATING CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. THE CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. KNUTSON #2641 ORCHARD LANE I � I RIESSLEMAN #6320 \ FOREST PRELIMINARY PLANS FOR: ORCHARD GREEN CHANHASSEN, MINNESOTA \ #2520 ORCHARD \ LANE i ERAZIER \ #2540 / o ORCHARD LANE , / BROWN ARG #2630 \ / ORCHARD 92- LANE 2LANE / Z� RATHMAN/COIF / 93 #2521 ORCHARD �� I I 3 I LANE 30� / 1 I 20, 94 SF I 9� r 2 1 1 0 1 119,931 SF I I 1 / I � G 999.0 F AD 1 2,,981 SF o I 50 I 1 998.0 Ao GI ALKouT I N 1 G I I O \50ALK0U-r 1 I I T1 I 50 0 I 7 w 1 I 991.0 I 0 I 10X5 I LiviNGSIOr� W°� OuT 1 I I N 1 I 26 H ) AR I 7 I N (I1 C O I II 1 991.0 I 1 1 -1 I LANEB� .0 O I 1 9 1 1 , I N I 1 11 1 o, RSl3 rTl I I , BL 1,,� 3 I i I / I / CIRCLE Ir / LANG #2631 FOREST AVENUE 1 w / do 10%co O Lp o o � 92 y i 1i i 1 41 0 26,627ISF O_ c9 J B SS Zig DRAGSETH #2600 FOREST AVENUE MAP'QVE'& . I A _tea..... & ct LOCATION MAP NO SCALE SHEET INDEX SHEET DESCRIPTION 1 PRELIMINARY SITE PLAN, PRELIMINARY PLAT 2 EXISTING CONDITIONS PLAN 3 PRELIMINARY GRADING, DRAINAGE EROSION CONTROL PLAN, PRELIMINARY TREE PRESERVATION PLAN 4 PRELIMINARY UTILITY PLAN I I 949. WALKOUT 0 III it 3 I I TYP. LOT LINE LOT LINE r SITE DATA TOTAL SITE AREA 2 02 AC r - CN CD N N Lo Lo 'o m N CO O O C > O LOL o Lo O _ N � � m a m m a) Lo o c: m 0 Q0 DESIGNED P.JK/MR.P. DRAWN M.R.P. CHECKED P.J.K. m B-5 w (GARAGE LOCATED ON LOT HIGH SIDE) �o m� _ .t-. 00 �E d N C `o Z E o TYPE � � �a a DESIGNED P.JK/MR.P. DRAWN M.R.P. CHECKED P.J.K. GARAGE FRONT ELEVATIONQ D OF LOTS 4 B-5 w (GARAGE LOCATED ON LOT HIGH SIDE) o C DENOTES c:0 O I—PAD .t-. 00 DENSITY 2.0 UNITS/AC d N C `o Z E o TYPE EX. ZONING RSF z Q (f) � v� a 0 ou a� aJ � N w d O 5 NOV 0 4 2005 � a 233 y X 1056.0 DENOTES PROPOSED SPOT ELEVATION DRAINAGE & UTILITY EASEMENTS (TYP.) DENOTES �� z o TE Y > 3Eo�" CHANHASSENPLANNINGDEfq D N O _ Q) .. t 0 C L C O �..wcn w 0 GARAGE FRONT ELEVATIONQ D OF LOTS 4 B-5 w (GARAGE LOCATED ON LOT HIGH SIDE) — LOT NUMBER DENOTES z I—PAD W DENSITY 2.0 UNITS/AC -BUILDING SETBACK LINE CITY OF CHANHASSEN ED O TYPE EX. ZONING RSF z Q (f) —TYPICAL 70' WIDE X 50' DEEP PAD —8"—W— C, Ld x 1056.23 (SINGLE FAM. RES. DISTRICT) a- I.-_ W z _I ,, -i z GROUND ELEVATION AT REAR B-5 w SOIL BORING — LOT NUMBER DENOTES SILT FENCE/GRADING LIMIT -;; - - W ^ -BUILDING SETBACK LINE CITY OF CHANHASSEN ED i- —»—»— O z (30' FRONT 30' REAR, 10' SIDE TYP.) RECEIV SANITARY SEWER —8"—W— C, Ld x 1056.23 NOV 0 4 2005 EXISTING SPOT ELEVATION X 1056.0 DENOTES PROPOSED SPOT ELEVATION DRAINAGE & UTILITY EASEMENTS (TYP.) DENOTES z z 0 (f) Q (10' FRONT & REAR, 5' SIDE TYP.) CHANHASSENPLANNINGDEfq _ _ 0� Q= LEGEND: B-5 DENOTES SOIL BORING ....... DENOTES SILT FENCE/GRADING LIMIT -;; - - DENOTES EXISTING CONTOURS 1056 DENOTES PROPOSED CONTOURS —»—»— DENOTES STORM SEWER —> >— DENOTES SANITARY SEWER —8"—W— DENOTES WATERMAIN x 1056.23 DENOTES EXISTING SPOT ELEVATION X 1056.0 DENOTES PROPOSED SPOT ELEVATION EOF ♦ 1059.0 DENOTES EMERGENCY OVERFLOW ELEVATION N _j _j =z w W U Q G:f Elf 1) 01_ a_ a_ OU � W W E DATE c 11/4/05 30 0 S 30 60 PROJECT NO, SCALE IN FEET 05-125 WARNING THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE SHEET NO WAY ONLY. THE EXCAVATING CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. THE CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. BROWN \ #2630 \ ORCHARD LANE FRAZIER CHARD '! LANE #2520 v ORCHARD \ LANE ` t 1 - Z gad �`; ,♦ Q, ATHMAN/CO� L2521 ,l -.._....._ J , J - RCH RD ANEi " Ci / f r l "�Q i � `/ V955.17 o = INV=968. 0 i : ' ti� l - - O 30 Q. O SE o r /P - n -Y �;" \,X X / ti°Q� pR - oll,(, ORCN � ; Tl :..,., i / 11 = / ti T 1CY NG a9Q we r X998.9 �r OX9P9.2 r / N \' 5 a t .' O f � - �1 V� �I +O %�9:�•��., ,pry r Y n• i r r �_. #2631 .� � l °tier 1� 10a.1 ;; Q `�P`t- ' / A D _. (I1 RCAp o ' I , K N U TS 0 N ANE `'` -� tiQ #2641 ORCHARD n I a,.1 w,' sEl. - . — _ . — ; LANE N 11 .. q - C _. TREE 0 1 H93 tK T P=981.74 z__. G P / x.... ,- f x IN 955.74N RIESSLEMAN -�Q INV– 5.84SE �, #6320 \ / 080, r . �af -Qe►G,` .: FOREST o°rQ r- o ro O GCIRCLE _- 5 G - / V " O _L . .• ° 0 Q� fo_ Q `� Y. -._- � Quo °-Q � � L P 5 977 0 " H cy L INV�957.08W r 43 0 `M"H94 / LANG TDP -972. / #2631 INV= 56.41, ," FOREST INV=9 6.41E 3� AVENUE -b \ - 79 4 �� o IN;V=957.08E • z - --___ c1� cn2 6Q9 0 FOREST ..... _........ AVENUE DESIGNED P.J.K./MR.P. DRAWN r - CHECKED P.J.K. Q DENOTES SILT FENCE/GRADING LIMIT � DENOTES EXISTING CONTOURS 1056 DENOTES N � DENOTES STORM SEWER N N SANITARY SEWER —8"—W— DENOTES WATERMAIN x 1055.23 DENOTES LO L() DENOTES w LO z EMERGENCY OVERFLOW ELEVATION z m O N CO F O z C � w w O NX z � O co O Q C LL 0 O n O _ N p � Ln M zQ O Q = Q M LO o m 0 m m� =o U �•d w W DESIGNED P.J.K./MR.P. DRAWN M.R:P. I CHECKED P.J.K. LEGEND: B-5 DENOTES SOIL BORING Q DENOTES SILT FENCE/GRADING LIMIT � DENOTES EXISTING CONTOURS 1056 DENOTES PROPOSED CONTOURS —»—»— DENOTES STORM SEWER —> >— O SANITARY SEWER —8"—W— DENOTES WATERMAIN x 1055.23 DENOTES cn X 1056.0 DENOTES w EOF ♦ 1059.0 z EMERGENCY OVERFLOW ELEVATION z O z F z C) w w z � z O U Ld U p (n U zQ Q = LEGEND: B-5 DENOTES SOIL BORING ....... DENOTES SILT FENCE/GRADING LIMIT DENOTES EXISTING CONTOURS 1056 DENOTES PROPOSED CONTOURS —»—»— DENOTES STORM SEWER —> >— DENOTES SANITARY SEWER —8"—W— DENOTES WATERMAIN x 1055.23 DENOTES EXISTING SPOT ELEVATION X 1056.0 DENOTES PROPOSED SPOT ELEVATION EOF ♦ 1059.0 DENOTES EMERGENCY OVERFLOW ELEVATION N c/) U Q W W O U ti w W E y DATE 11/4/05 S PROJECT NO. 3D D 30 60 05-125 WARNING SCALE IN FEET THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE SHEET ND. WAY ONLY. THE EXCAVATING CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. THE CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. MH91 .-9 V=955.17 INV=968 C %b. l i •3 -- _ 0\ lJ t \ _ LANE � t \ FRAZ/i / ,..;117_ :, y-------- I o O LAE / Ai '' 1 MjP%go \/ \ ♦ b P� r C7R _._ / x. 1 / Y , , 4v � •- - G0 �Go -, o i 1 1 ^6 I rl J -i I t as H93 \ TRP -981.74 IN 955.74N ' I (:_.Pw9.AN INV= �I5.84SE �11,, . (,- 1 ISI - Ir / \, 1., �• 9g C7`. o � ✓~ ` G 1 ��FF��j l / Q 9 4 9/ 9 \5o PAD Y r f i, `v.- r�. ti�P� -- ------ /1) / y O..- 91 r ; r l g 8�. y pE -,- 19. L L� REE,/O,! A', 1 BE I o _ 11,. -(y / --I_ , , SAVE- o c . �ti�e~ - 1 / OPY f,.. ♦ I , _-`' TREES - 10 + /I p,REA /70 1 PQM \ . .. O � ♦tee O Gso ��5 /ro0 5 f i \ i ., ��...._. __ Ce r M(H 9`�3 P _ __._. _� ♦ TbP=977.08 9 i� 2_ INV=957.08W - \, 979x.4 o IN;V=957.08E QH 9 4 I fJ T -972 ^,, L INV= 56.41 4- '`6 _ _...._ INV- 6.III, \ __ _...... 41E _- - �1nPE-T TREE PRESERVATION CALCULATIONS: P.J.K./M.R.P. No. of replacement trees required 18 trees (per calculation) Total site area 2.02 ac. Min. % of conifers 20% Baseline canopy cover area 0.65 ac. (32.2% of total site) Non -canopy cover area 1.37 ac. (67.8% of total site) Canopy area to be removed 0.40 ac. CODE QTY. SIZE White Pine/Pinus strobus (to grading limit shown) X 8' BB Colorado Green Spruce/Picea pungens CGS X 8' BB Black Hills Spruce/Picea glauca densato Canopy cover area remaining after grading 0.25 ac. (12.4% of total site) (to grading limit shown) —» »— c U_ _00 Min. canopy cover required 0.61 ac. (30.0% of total site) (per City table ® 30% of total site) N 3 (n m Additional canopy cover required 0.36 ac. x 1.2 = 0.43 ac. = 18,730 sf Area of canopy cover/tree (per City) 1089 sf/tree zJ cr> No. of landscape trees required 18 trees LO S LLJ THIS NUMBER MAY BE LOWERED IF FINAL GRADING LIMITS ARE LESS THAN THOSE SHOWN. N OTE: ALL LOTS TO BE CUSTOM GRADED BY BUILDER. 2 EXISTING HOMES TO BE REMOVED. Note: Silt fence per MNDOT specifications, source 2000, machine sliced woven monofilament, 36ewide fastened steel T -Posts with 3(501b) tens strength plastic zip ties per T -Post. (Machine sliced) GRADING NOTES: * See City staff report for erosion control notes. * Trees must be removed from site or chipped (no burning). * Temp. site seeding/mulch required within 14 days after site grading is complete. * Daily street sweeping and scraping is regd. (if necessary). * City requires a detailed haul route and traffic control plan for importing material (by Contractor). * See detail sheet for standard grading notes and SWPPP PRELIMINARY LANDSCAPE NOTES: P.J.K./M.R.P. No. of replacement trees required 18 trees (per calculation) Max. number of trees/species 1/3 of total _ Min. % of conifers 20% Deciduous tree size 2.5 ci avg.; 1.5 ci min. Coniferous tree size 7' avg.; 6' min. DENOTES Trees shall be from certified nursery stock as _j� Lj defined and controlled by MN Statute 18.44-18.61, Lo the Plant Pest Act. LO Z v1 N p COMMON/BOTANICAL NAME CODE QTY. SIZE White Pine/Pinus strobus WP X 8' BB Colorado Green Spruce/Picea pungens CGS X 8' BB Black Hills Spruce/Picea glauca densato BHS X 8' BB fiinaL x� 9 EROSION CONTROL FENCE — TYPE 1 Nate: Type 2 silt fence is the some as type I with hay bales installed as per detail. Type 2 to be used to protect all wetlands. Hay a Stov Balsa in.�YY nY�nmT m. �SeiV Monwti Zip Ties ` BNnbb Yk rM e,nGa.W lbVtl. EROSION CONTROL FENCE — TYPE 2 CITY OF SILT CHANHASSBH I FENCE REV6M'_9]. 1-021-61.111 mm. 2-97 Pv,1E No` 5300 Vin i wMAE: DESIGNED P.J.K./M.R.P. DRAWN M.R.P. I CHECKED P.J.K. _ O " 0_0 C Fovo O Z N CP N N DENOTES `7 ,-i _j� Lj LO Lo LO Z v1 N p 0 c •� O NO 7 m ay 0 DENOTES � o � c Vt 10 a1 O N —� O.+WV7 00 Lij —» »— c U_ _00 y 0 Qc Lo O _ N 3 (n m —8" W— a� a� o Lli x 1056.23 QC z 0cc zJ cr> X 1056.0 N LO S LLJ o –20 O~ M X XZ cC C 0 � }-zQ:� V � EN d0 C ec m C� C w� e s� �a W9 DESIGNED P.J.K./M.R.P. DRAWN M.R.P. I CHECKED P.J.K. Q:f()V) of a Q Lv Q = Z = Z LEGEND: 00 N C 00 L 0 _ O " 0_0 C Fovo O Z N N_ a) N C ; CP a) o K DENOTES o a J C 0 0 LJ D _j� Lj A-- y a r1 o -\ a a, U >,0 0v `- a, w le c Z v1 N p 0 c •� O NO 7 C y �aEo� 0 0 0 DENOTES EXISTING CONTOURS E� L U'o O01 C= C+ 10 a1 O DENOTES —� O.+WV7 a- 0 Lij —» »— 'W vUJQ STORM SEWER W E y Qc DENOTES SANITARY SEWER x(nz o —8" W— DENOTES WATERMAIN z J Lli x 1056.23 QC z zJ z_ X 1056.0 DENOTES PROPOSED SPOT ELEVATION S LLJ PROJECT NO. –20 O~ LLJ X XZ ��> 0 � }-zQ:� 0 Q:f()V) of a Q Lv Q = Z = Z LEGEND: N :20I0- 0 _ B-5 DENOTES SOIL BORING _j� Lj 0 U DENOTES SILT FENCE/GRADING LIMIT --- - DENOTES EXISTING CONTOURS E� 1056 DENOTES PROPOSED CONTOURS Lij —» »— DENOTES STORM SEWER W E y —> >— DENOTES SANITARY SEWER —8" W— DENOTES WATERMAIN DATE 11/4/05 x 1056.23 DENOTES EXISTING SPOT ELEVATION X 1056.0 DENOTES PROPOSED SPOT ELEVATION S PROJECT NO. EOF 411110 1059.0 DENOTES EMERGENCY OVERFLOW ELEVATION 30 0 30 60 WARNING SCALE IN FEET 05-125 THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE SHEET NO. WAY ONLY. THE EXCAVATING CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. THE CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. CONNECT TO SAN (2) IN STREET (TYP.) REPLACE STREET IN KIND (SEE CITY \ STANDARD DETAIL) i MN�2 gS� / SAN SERV. LOT 1, - INSTALL CLEANOUTS AS REQUIRED EX. WATER SERVICE LOT 1 EX. SAN SERV. -\0 EX. WATER SERVICE LOT 2 — SAN SERV. LOT 2, INSTALL CLEANOUTS 2 AS REQUIRED BL 1 EX. WATER 1 SERVICE LOT 3 SAN SERV. CONNECT TO EXISTING SERVICE, REROUTE TO LOT 3, INSTALL CLEANOUTS AS REQUIRED -SAN SERV. CONNECT TO EXISTING SERVICE, REROUTE TO LOT 4, INSTALL CLEANOUTS AS REQUIRED PROP. WATER SERVICE, CONNECT TO i 6" HYDRANT LEAD i i ` HYD z � �17, Nl H 9 4 T P=972. INV - N56.41 INV=9 6.41E -�O 9 UTILITY NOTES: SANITARY SEWER SERVICE = 6" PVC SDR26 WATER SERVICE = 1" TYPE K COPPER MH95 TOP=977.08 INV=957.08W INV=957.08E q Street PL Variable 6 6' METAL FENCE POST DENOTING CURB BOX. TOP 6" PAINTED BLUE. CURB BOX WITH 1 1/4"� STANDPIPE AND STATIONARY ROD. Z m to/— Water Service ` /--1 1"X1" Corporation Cock / 1" Type "K" Copper Concrete Block Support �—Water Main NOTES: 1. DO NOT PLUG END OF CURB STOP. 2. THE USE OF PIGTAILS ARE NOT PERMITTED. 3. THE COPPER SERVICE LINE BETWEEN THE MAIN LINE AND CURB BOX SHALL BE ONE CONTINUOUS PIECE. SPLICES WILL NOT BE PERMITTED. 4. CORPORATION COCK TO BE 1"X1" INSIDE DIAMETER. 5. SADDLE REQUIRED ON 6" DIP OR SMALLER MAIN. 6. SADDLES WHEN REQUIRED SHALL BE FORD STYLE F202 DOUBLE STRAP. 7. STAINLESS STEEL SADDLES REQUIRED ON ALL PVC WATERMAIN. CITY OF TYPICAL CHANHASSEN WATER SERVICE REVISED: 1-913 )ATE- -97 PLATE NO.: 1 OOS FILE NAME: �� J CL PL Variable 9' Z o Wye Plugged End € �1/8 Bend a' N 6" PVC SDR -26 Pipe Min. Slope 1/4" Per Foot `/! J 2"x2" Marker See Note 2. 1/2 Pipe biometer Min. Sanitary Sewer Gravity Main SANITARY SEWER SERVICE CONNECTION DETAIL Services to be Used in Conjunction with Plastic Pipe Sewer Main for Depths of Cover with Less Than 16 Feet. NOTES: 1. Solvent Weld all Joints. (Non Gasketed) 2. When Sanitary Sewer Service is not Accompanied by a Water Service in the Some Trench, Install a 6' Heavy Metal Fence Post Next to 2 x 2 Marker and Paint Top 6" of Post Florescent Green. 3. Cleanout Required on Private Property if Distance from Main to House Exceeds 90 Feet. 4. All pipe shall be bedded on granular borrow 314A or course filter aggregate (3149H). CITY OF x 1056.23 DENOTES TYPICAL SANITARY CHANHASSEN SEWER SERVICE REVISED: 2-9%1-04 DATE: —9 L 2 7 PLATE NO: 200 1 FlLE NAME: LEGEND: z G � B-5 DENOTES SOIL BORING -_. DENOTES SILT FENCE/GRADING LIMIT - : -- DENOTES EXISTING CONTOURS 1056 DENOTES PROPOSED CONTOURS —» »— DENOTES STORM SEWER —> >— DENOTES SANITARY SEWER —8"—W— DENOTES WATERMAIN x 1056.23 DENOTES EXISTING SPOT ELEVATION X 1056.0 DENOTES PROPOSED SPOT ELEVATION EOF ♦ 1059.0 DENOTES EMERGENCY OVERFLOW ELEVATION ti N 0 N N � rl LO L ) LO (YJ N � Lfl O C CD N X c _0 Lo O _ N m rn cc M a) LO O Ch r9 r- O i ol DESIGNED DRAWN CHECKED ■ P,JK/MR.P. I M.R.P. P.J.K. z G 00 Q 00 � 0 C a 0 . L aai V V a 6L Lp e w c c iz N 2. 0 N 3 N 0 5� A) W, O i ol DESIGNED DRAWN CHECKED ■ P,JK/MR.P. I M.R.P. P.J.K. :2 a= N J = z w U Q W a- O U ti W WE DATE 4 11/4/05 30 D S 30 60 PROJECT NO. SCALE N FEET 05-125 WARNING THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE SHEET NO WAY ONLY. THE EXCAVATING CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. THE CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. z 00 Q m 0 C J � C O O L o _ o d N C E.9 U O Z iz N 2. 0 N 3 N 0 p Of m U o W, U O y d J s w N O J_ 0 a L C O 0 U o 1 T E W 3 E o `m o w m — a Q� Z c y t C L C O _ cn d o :2 a= N J = z w U Q W a- O U ti W WE DATE 4 11/4/05 30 D S 30 60 PROJECT NO. SCALE N FEET 05-125 WARNING THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE SHEET NO WAY ONLY. THE EXCAVATING CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. THE CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. z Q J O U) � W, z J_ 7 CZ Z L W w Q� Z Q 0 p (n Z n" Q :2 a= N J = z w U Q W a- O U ti W WE DATE 4 11/4/05 30 D S 30 60 PROJECT NO. SCALE N FEET 05-125 WARNING THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE SHEET NO WAY ONLY. THE EXCAVATING CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. THE CONTRACTOR AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. POINT ON CENTER LINE (PLEASANT AVENUE f / 2 6 5.0 0 (AS MEASURED PARALLEL TO THE SOUTH LINE OF N 1/2 � NEI/4 SEC 4, T116, R23 NORTH ) i i„� ' I`^' `,+ ' 1 �' =-••`• r. ' r OO -_ 0_ 31.46 ,., Hyl � C -1i1.,,�1;31•,) � � 31T 75 ^— / EA T CORNER zo W NR 1\ B TON PARK I W o O� 1 Y I HINTING I r- ? a l i �n / i' ✓•y I I to uJ T co U 0 I r%,"4i irk-i��'/ S•I CORNER \ 1 r I w w CO e z � / // T� �\ NORT2WpCK1 P \ I I FF = z P C ARKcf� MONUMENT I I z o � i \ \. I I I S ��/" �1NE \ 0 p p6 29 44 \ NOR'N \-5 \31looy001 \ NP I� I 1 Y I � W a- a w U H Z Q S J Q N _J 3 W I � zW o z w m lil U W z F W z n co i w F CO v n a o W W z w i / X60 3 y \\ \ , /i•N �'' i ' `. _ i i i I 1 Area Tabulations / o �- _.. 1\ Notes\9 \4\g /See 6,1° 2 C\ Parcel So. feet ez- 1, I �QJ c _ 1 1 18,770 2 29,275 3 58.960 �� a ', � 6g� ci, � '-'� ' `, � � 15.6• c ,d � �_,�(, I Totals 107,-005 -- o 0 `� ro r\ If) 1 coca' ra• n r ,^ 1 o Al I AGE N _ I I j �''3 ��i 1� �.In 1N ' 1, 1 4 --' UrJ CiP'R .. Z \..I to p o _ 1 _' NI� \ no -.. 14.8 v , 25.6 _ 1 1 \ °i S1 5 I zQ 1 _ 1. 1 ata` 1 .1 0 26 p L II 1 Fr 1 09 1 I \ II m Split -lee° , ; 1 �P�Q r O \ 1, 111 �/I I HOUSE ° o i QO G`' Y _ U / I o I Y - 2631 n 'n \�\tJ 1 11 1 0 1 ITI F 1. `0 1 CHARD 0 \ ' 1D m' x I I _ALE a, J Q N cc /. o I , 1 1 OR n q 1 1 w — 0 E .. — c� a ., .Gere A. wd o L z N a 1 \ > o- I .. . I -Co0 N 1 23.6 , 1 -e �... 1 oNQP Z Linda L. Conner 11 J I acv tto ��..Q�....... t i % I w RN Z Book 132, Deeds pege 31 Sr(P RK i 1 J� °nm o \Q 5� r,-I..� .,-�(- \ 1 `� _ C9 or 32 & Plat of ESP /IPP cc 1 0 0 I FLP �1G �; \ \e�° 1 _J z NN \p D I w l o s \�I\ o f / \I f;;,, s��°me 1 o r 1 Huntington g�\ NPSN N I n N I\ N 70 �/j at\ I\ o� w j Park I III 3 11 I o 11 a5 F d l09 (t I� �VS� 1 N I `C \ I e 3. 124.8 - N F I 1 Z I I N �. N#e t? 2\ cr\bedtiti 26�PP0 OEG 1i -J SOJA /�\NEOF I C I — I'\ Acres 0.43 0.67 1.35 2.45 aI des OPGPNE 1 z /OPS r\ PLAT RECORDING DATA: m Na 1h ". I N I \ 60 Go17 II\el 31.8 ...\ i, / _ / - � � I "MINNEWASHTA PARK, CARVER CO., MINN." I TO / \ I Cao i `\ 1 z / I / v " \ ,� 1 \ I MINNEWASHTA WOODS 0� �} C:i\�` ° E /''\00 ° >> -- W / SOUTHWEST CORNER �g5 ' / N �0 rho ` I ? / /LOT 2, BLOCK I 1 \ \ HUNTINGTON PARK \ �o, I 1 N / HUNTINGTON PARK- \ 6 1 W FOUNn MONUMENT / I SEE r 1 - -- I------- _ _ __\__J >g DETAIL ✓ ` J 0 - - O — .— / ) 4�/Js 11 / olerooaPagel2 23 and N Oeeds V �- I' �_ ` ° oo499BRsse33 1 /� anNofl Sealer Book See Note 2, ' 1 S n1 p t / / / \S >/, /en, 16T'T0; / A" �J G� \001,F`cQ� I/ 1 T4 50 p6 A NOTES: / I l3/ 0 4 < <r i I k_ 1, N :25q 50 o`e Marcia L. Wiii OT3S_ �N� 1 5l. y5 21925 %' see N Book 99, Deeds 1: This bearing is "south 9 degrees, .05 minutes east" in 1' Page 450-451 the warrenty deeds from Rose Dobben t.o the Livin stons. r This is obviously a copying error because: no survey VI instruments were graduated in hundredths of minutes, at \1 -- res essS the date of the deed: it has never been a practice to �\ / r'\ �•��, \ '! t1 tg 60 give bearings in decimal parts of a minute; and the i / t1n9 anent description closes using 05 minutes, instead of .05 \Eos I minutes. Therefore I have used South 09 degrees 05 rl I i,l minutes East as the bearing for this survey. `' WESTERLY +-INE LOT 34 DETAIL t,(No Scale) 1 2: Land included in metes and bounds des^rr' t' d d �1 td rr 1 \ ' i' \C Porce/ / FoRES 7- PG -Cel / \ 0.50 8= 0010'57" R = 15 5.7 9 c. p.lon rn ee b from Rose Dobben to Flmer W. and Marguerite Livingston, recorded in Book 60 Deeds Page 550 and Book 60 Deeds page 597, but previously dedicated to the public by t.hc plat of Minnewashta Park. 3: Land deeded by Rose and Willard J. Dobbin to Harry E. Reynolds and Julia Reynolds per deed recorded in Hook 53 Deeds Page 458. The portion of this land lying easterly of Forest Avenue has been occupied and used as lawn by Ralph Livingston. 4: North line of land described in Document No. 39866 and deed recorded in Book •99, page 450. 5: Dimension per plat of "Minnewashta Park, Carver Co., Minn." The west iinc of Let 2, Block f, HUNT NGTON PARK has an assumed bearing of North II degrees 21 minutes 34 seconds West. 14 Nov. 1887 Book A Town Plats, pages 56-58 8 Nov 1974 Book C Plats, page 285 28 Oct 1977 Book C Plata, page 239 To Ralph H. Livingston, Dr,nald F. I.iv,ngston, and Marguerite Livingston: This is to certify that this map or plat and the survey on which it is based were made in accordance with "Minimum Standard Detail. Requirements for ALTA/ACSM Land Title Surveys" jointly established and adopted by ALTA and ACSM in 1986: and meets the accuracy requirement.s of a Class B Survey, as defined therein. Date: Thomas G. Arneson IT Land Surveyor, Mn. Reg. No. 12682 r[f; cx// &C14 ar11 L,�1,1 ALTA/ACSM Land Title Survey CARDARELLE c4� ASSOCIATES, INC. L A N D S U R V E Y O R S 8110 EDEN ROAD Eden Prairie Minnesota, 68344 Phone 612.941 3031 Scale C= 30 Revisions Drawn B Date Date 3-2-88 Dr'n LGS Gk'd Job No. 273 - __-- Rnok 010 Pam^ 4b. - 001436A 14/116/23 PAXTON, DEAN ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hwy. No. 101 Minnetonka, MN 55345 Phone (612) 474 7964 Fax (612.) 474 8267 SURVEY FOR: DEAN PAXTON SURVEYED: October, 2000 DRAFTED: October 18, 2000 LEGAL DESCRIPTION: That part of Lots 34 and 35, Minnewashta Park, Carver County, Minnesota, according to the recorded plat thereof, described as follows: Commencing at the southwest comer of Lot 2, Block 1, Huntington Park, according to the recorded plat thereof, thence on an assumed bearing of North 11 degrees 21 minutes 34 seconds West, along the westerly line of said Lot 2, a distance of 336.90 feet, to the northerly line of said Lot 35; thence southwesterly a distance of 137.27 feet, along said northerly line, on a curve, not tangent with the last described line, concave to the southeast having a radius of 1152.62 feet, a central angle of 6 degrees 49 minutes 24 seconds and a chord of 13 7.18 feet which bears South 70 degrees 50 minutes 01 seconds West; thence South 67 degrees 25 minutes 19 seconds West, along said northerly line, a distance of 141.61 feet to the point of beginning of the land to be described; thence North 67 degrees 25 minutes 19 seconds East, along said Northerly line, a distance of 88.01 feet; thence South Iff, degrees 09 minutes 16 seconds East a distance of 319.67 feet, to the intersection with a line bearing South 74 degree: 50 minutes 06 seconds West from the point of beginning; thence North 74 degrees 50 mites 06 seconds East a distance of 167.70 feet, to the point of beginning. SCOPE OF WORK: 1. Showing the length and direction of boundary lines of the above legal description. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct, and that any matters of record, such as easements, that you wish shown on the survey, have been shown. 2. Showing the location of existing improvements we deemed important. 3. Setting new monuments or verifying old monuments to mark the corners of the property. STANDARD SYMBOLS & CONVENTIONS: " • " Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, set, unless otherwise noted. i CERTIFICATION: I hereby certify that this survey was prepared by me or under my direct supervision and that I am a Professional Engineer and a Professional Surveyor under the Laws of the State of Minnesota. lam s H. P arker P.E. & P.S. No, 9235 r'k' ')v( &rlw'( za e— / }5. MirneWOsht° park / northerly line o' dot / The La,, o� Yd ,a 1 1 \ 1 � 1 If 1 1 20 0 10 20 40 1 SCALE IN FEET Job No. 0014J6A n 1 1 1 z 1' w' N La 0 s 0 % 1 0 1 1 1 1 1 I 1 I 1� 1 1 1 1 1 / 1 i � / 1 0 park ' Nu�togto Block 1. i \ mer The SOUthwest �1 i 5 i i Job No. 0014J6A Non -Scannable Item Item Description , Folder Number Folder Name Job Number Box Number W