1c. North Bay 3rd Addition: Final Plat.CITY OF 1 '
CHANHASSEN
690 COULTER DRIVE * P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Bob Generous, Senior Planner
DATE: April 14, 1997
SUBJ: North Bay 3rd Addition Final Plat, PUD # 95 -1
PROPOSAL SUMMARY
The applicant is requesting final plat approval creating 29 lots and one outlot, North Bay
3` Addition.
BACKGROUND
On April 22, 1996, the City Council granted final plat approval for North Bay 2nd
Addition creating 47 lots and three outlots.
On October 23, 1995, the City Council granted final plat approval to North Bay creating
seven outlots and the right -of -way for the Lyman Boulevard extension and Lakeview
Road East. The City of Chanhassen subsequently purchased Outlot A encompassing the
Highway 212 corridor and the severed property north of the corridor with right -of -way
Acquisition Loan Fund monies.
On September 11, 1995, the City Council granted preliminary approval of PUD #95 -1:
Preliminary Planned Unit Development (PUD) (plans dated 4/17/95, revised 5/4/95 and
7/17/95, prepared by Pioneer Engineering) approval to rezone 24.85 acres from R12,
High Density Residential, to PUD, Planned Unit Development (first reading); preliminary
plat to subdivide 52.1 acres into 78 lots, 4 outlots and associated right -of -way; site plan
review for 76 single family detached zero - lot -line homes on 19.95 acres; a variance for
wetland setbacks for Lots 12 - 16, Block 1 and Lots 16 - 19, Block 2 to permit the house
placement as shown on the plans; and a wetland alteration permit.
Don Ashworth
April 14, 1997
North Bay 3rd Final Plat, PUD #95 -1
Page 2
On June 26, 1995, the City Council granted conceptual approval for the North Bay
Planned Unit Development subject to revisions to the plat that were incorporated in the
preliminary plat.
The City Council granted preliminary approval of the PUD subject to the following
conditions:
A ten foot clear space must be maintained around fire hydrants, i.e., street lamps,
trees, shrubs, bushes, NSP, NW Bell, cable television, transformer boxes. This is
to insure that fire hydrants can be quickly located and safely operated by fire
fighters. Pursuant to Chanhassen City Ordinance #9 -1.
2. Redesignate Lot 1, Block 3, as an outlot. Lot 57, Block 1, and Lot 21, Block 2,
are unbuildable for dwelling units and must be maintained for common open
space.
Revise the landscaping plan to provide upland and wetland plants to naturally
blend the pond into the surroundings; provide evergreen screening from
automobile headlights for Lots 1, 13, and 15, Block 2; increase the number of
evergreens to a minimum of 20 percent of the tree plantings as required by
ordinance; and incorporate additional evergreen plantings along the TH 212
corridor.
4. The applicant shall provide financial guarantees to the city to assure satisfactory
installation of the landscaping.
5. Revise Grading and Drainage Plan to indicate lowest floor level elevation and
garage floor elevation. This should be done prior to final plat approval.
6. Submit soils report with lot by lot tabulations to the Inspections Division. This
should be done prior to issuance of any building permits.
7. Change proposed Lake Riley Road to Lake Riley Road East.
Obtain a building permit for retaining walls exceeding four feet in height before
beginning their construction.
9. The applicant will need to revise the erosion control plan to include temporary
sediment basins, Type III erosion control fence, seeding type and schedule of site
Don Ashworth
April 14, 1997
North Bay 3rd Final Plat, PUD #95 -1
Page 3
restoration. The plan shall be submitted to the City for review and formal
approval. Type III erosion control fence shall be used adjacent to the wetlands.
10. All utility and street improvements (public and private) shall be constructed in
accordance with the latest edition of the City's Standard Specifications and Detail
Plates. Detailed street and utility plans and specifications shall be submitted for
staff review and City Council approval three weeks prior to final plat approval.
11. Wetland buffer areas shall be surveyed and staked in accordance with the City's
wetland ordinance. The City will install wetland buffer edge signs before
accepting the utilities and will charge the applicant $20 per sign.
12. The applicant shall provide detailed storm sewer calculations for 10 -year and 100 -
year storm events and provide ponding calculations for stormwater
quality /quantity ponds in accordance with the City's Surface Water Management
Plan for the City Engineer to review and approve. The applicant shall provide
detailed pre - developed and post developed stormwater calculations for 100 -year
storm events and normal water level and high water level calculations in existing
basins, created basins, and or creeks. Individual storm sewer calculations between
each catch basin segment will also be required to determine if sufficient catch
basins are being utilized. In addition, water quality ponding design calculations
shall be based on Walker's Pondnet model.
13. The applicant shall enter into a PUD /development agreement with the City and
provide the necessary financial security to guarantee compliance with the terms of
the PUD /development agreement.
14. The applicant will meet wetland rules and regulations as stated in Corps of
Engineers section 404 permit, the State Wetland Conservation Act, and the City's
Wetland Ordinance. Mitigation work shall be implemented prior to or concurrent
with wetland fill activity in all phases of the project.
15. The applicant shall apply for and obtain permits from the appropriate regulatory
agencies, i.e. Carver County, Watershed District, Metropolitan Waste Control
Commission, Health Department, Minnesota Pollution Control Agency,
Minnesota Department of Natural Resources, Army Corps of Engineers and
Minnesota Department of Transportation and comply with their conditions of
approval.
Don Ashworth
April 14, 1997
North Bay 3rd Final Plat, PUD #95 -1
Page 4
16. The appropriate drainage and utility easements shall be dedicated on the final plat
for all utilities and ponding areas lying outside the right -of -way. The easement
width shall be a minimum of 20 feet wide. Consideration shall also be given for
access for maintenance of the ponding areas.
17. No berming or landscaping will be allowed within any street right -of -way.
18. The lowest exposed floor or opening elevation of all buildings adjacent to the
wetlands shall be a minimum of 2 feet above the 100 -year high water level.
19. The proposed stormwater pond must have side slopes of 10:1 for the first ten feet
at the normal water level and no more than 3:1 thereafter or 4:1 throughout for
safety purposes. A landscape plan providing upland and wetland plants to
naturally blend the pond into the surroundings is recommended.
20. The proposed multi- family residential development of 16.07 developable acres is
responsible for a water quantity connection charge of $47,808. These fees are
payable to the City prior to the City filing the final plat. Credits will be applied to
these fees after final review of the construction plans. Staff shall review the
developable acreage and fee prior to final plat.
21. The applicant shall report to the City Engineer the location of any drain tiles found
during construction and shall re- locate or abandon the drain tile as directed by the
City Engineer.
22. Site grading shall be compatible with the future widening and of upgrading of
Lyman Boulevard and also with existing drainage characteristics from the
adjacent parcels. The applicant shall be responsible for acquiring the necessary
easements for grading outside the plat. All site grading must be completed prior
to street construction.
23. The existing sanitary sewer located in the northeast portion of the site shall be
relocated in conjunction with the development. The applicant may petition the
City to vacate the existing utility easement once the line has been relocated.
24. Final plat approval shall be contingent upon the City Council awarding a bid for
the first phase of the Lyman Boulevard/Lake Riley Area Trunk Improvement
Project No. 93 -32B and MnDOT approval of the alignment of Lyman Boulevard.
The applicant shall also dedicate the required 80 -foot wide right -of -way for
Lyman Boulevard prior to the finalization of the construction plans for Lyman
Don Ashworth
April 14, 1997
North Bay 3rd Final Plat, PUD #95 -1
Page 5
Boulevard. Final vertical and horizontal alignment for Lyman Boulevard shall be
subject to City and MnDOT -state aid approval.
25. All disturbed areas shall be immediately restored upon completion of the site
grading with seed and disc - mulched or sod or erosion control blanket. All grading
must be completed prior to issuance of building permits on the site with the
exception of one model home directly off Lyman Boulevard. Wetland mitigation
areas shall be restored in accordance with the wetland restoration/alteration
permit.
26. The construction plans shall be revised to include the following changes:
a. Delete grading of the channel through Wetland Basin A.
b. Provide outlet control structures from the proposed pond north of Lyman
Boulevard to the wetland mitigation area adjacent to Lyman Boulevard
and from the mitigation area to Wetland Basin A.
C. Type III erosion control fence shall be placed adjacent to and around all
wetlands and mitigation areas.
d. Provide a temporary sediment basin on Lot 57, Block 1 in or near the
proposed irrigation house between Lots 32 and 56, Block 1.
All storm sewer catch basins shall be protected with hay bales and/or silt
fence until the streets are paved and the site fully revegetated.
f. Review grading plan to ascertain most appropriate method for conveying
stormwater across Lots 4 through 31, Block 1.
g. Add catch basins on new driveway access to apartments.
h. Prohibit parking on one side of all streets.
i. Address relocation and abandonment of existing gravel driveway on west
property line.
Include a drain tile system behind the curbs on all lots that are not adjacent
to a stormwater pond or wetland.
Don Ashworth
April 14, 1997
North Bay 3rd Final Plat, PUD #95 -1
Page 6
k. Use City standard detail plates.
Provide utility stub to vacant parcel which lies south of the apartments.
27. The applicant shall obtain and convey to the City at no cost a street, utility and
drainage easement over the west 30 feet of the Lakeview Hills Apartments parcel
lying north of Lyman Boulevard and terminating where the full 60 -foot wide
right -of -way begins in the plat of North Bay.
28. The applicant shall provide a temporary barricade at the end of Lake Riley Road
East and include a sign indicating that "This street will be extended in the future."
A condition shall also be placed in the PUD /development agreement
acknowledging the intent to extend Lake Riley Road in the future.
29. Parking shall be restricted to one side of North Bay Drive and Lake Riley Road.
The applicant may choose which side of the street to restrict parking. The City
will adopt the appropriate resolution prohibiting parking and place the appropriate
regulatory signs.
30. The applicant and/or property owner shall waive any and all procedural or
substantive objections to the special assessments associated with City public
improvement Project No. 93 -32B including, but not limited to, hearing
requirements and any claim that the assessment exceeds the benefit to the
property. Staff and the applicant will work on developing revised language for
this condition that conveys the intent of the condition.
31. Payment of full park and trail fees per city ordinance.
32. Dedication of Outlot C for park purposes. This dedication to be a condition of the
granting of planned unit development status.
33. The applicant shall provide the city with some assurance that there will be some
variation in brick and siding colors, potentially designating certain areas within
the project for specific brick and siding colors.
34. The applicant shall install a watermain along Lake Riley Road in accordance with
the city's feasibility study for Lyman Boulevard Reconstruction project (93 -32B).
The city shall credit the oversizing cost back to the applicant by means of a
reduction in their assessments for project 93 -32B. The oversizing cost shall be the
Don Ashworth
April 14, 1997
North Bay 3rd Final Plat, PUD #95 -1
Page 7
difference between an 8 -inch line and the proposed 12 -inch line based on fair
market value.
35. No improvements to the land south of Lyman Boulevard will be permitted until a
conditional use permit for a beachlot is approved by the city.
36. The applicant shall provide a pedestrian access between Lots 32 and 56, Block 1,
to encourage access to the common open space.
37. Staff will work with the applicant on providing acceptable setbacks for Block 1
including reducing the eastern and northern perimeter setbacks.
38. The applicant will work with staff to consider the Klingelhutz right -of -way
alignment proposal for Lake Riley Road East.
City Council discussion regarding conditions #31 and #32 be resolved before final plat
approval. City Council also directed that staff work with the applicant in determining the
pros and cons, as well as the feasibility, of developing an arrangement for the provision of
affordable housing units within the development.
FINAL PLAT
PROPOSAL SUMMARY
At this time, the applicant is requesting final plat approval to create 29 lots and one outlot
of previous Outlot A, North Bay 2 nd Addition.
Staff is recommending approval of the final plat of the Third Addition subject to the
conditions of this staff report.
PARKS & RECREATION
The City of Chanhassen required dedication of Outlot A, North Bay, as partial fulfillment
of the park dedication requirement. The applicant shall receive partial fee credit for the
dedication. Outlot C, North Bay, contains 0.9 acres of "non wetland" property. This
dedication fulfills the City's park land dedication requirement for 68 persons. Dividing
68 by 3 persons per dwelling results in the credit of 23 dwellings which was credited with
a previous addition. Full park and trail fees will be required of this phase of the
development.
Don Ashworth
April 14, 1997
North Bay 3rd Final Plat, PUD #95 -1
Page 8
LANDSCAPING
The applicant proposes the planting of 65 primary, 30 secondary, 89 ornamental, and 66
evergreen trees as part of this development, which exceeds minimum quantity
requirements. It should be noted that city code requires that evergreens average seven
feet with a minimum height of six feet. The applicant is proposing an extensive
landscape buffer between this development and the property to the east.
SURFACE WATER MANAGEMENT
City staff worked with the applicant to develop a regional water quality pond on site to
address existing and future ponding needs of the area. The Surface Water Management
Plan (SWMP) calls for a regional pond on the North Bay property sized to accommodate
the North Bay development, the apartment property ( -14 acres), and the 8 -acre parcel south
of the apartments. A regional pond is proposed along Lake Riley Boulevard on the North
Bay property. The area is constrained by Lake Riley Boulevard on the south and the
wetland on site. The proposed pond will treat runoff from the North Bay development, the
apartment property, the 8 -acre parcel to the east, and 2 acres of land to the west. This
improvement was constructed with the second phase of the development.
GRADING & DRAINAGE
The entire site was graded with the Second Addition of the development.
The final grading and drainage plans have been developed to maintain the neighborhood
drainage pattern from the adjacent parcels. Stormwater runoff from the adjacent parcels
will continue to drain through North Bay as it has in the past. In addition, the storm sewer
system has been extended and expanded to convey runoff from future developments in the
area. The regional pond has also been sized in accordance to the City's SWMP. The
applicant has received credits against their SWMP fees for providing oversized ponds and
storm sewers in accordance to SWMP methodologies. The applicant has paid required
SWMP fees with the Second Addition.
STREETS
Lake Riley Road East has been renamed Lakeview Road East. The streets for this phase
have been constructed with the Second Addition.
Plans have been designed to provide access to the lots via a public and private street system.
With this phase of development, there is only one access point in and out for the
Don Ashworth
April 14, 1997
North Bay 3rd Final Plat, PUD #95 -1
Page 9
neighborhood. Lakeview Road East will become a temporary dead end street in excess of
1,000 feet from the intersection of Lyman Boulevard. At the end of Lakeview Road East,
barricades will be installed indicating that this street will be extended in the future.
Eventually, Lakeview Road East will be extended westerly to tie back into Lyman
Boulevard which will eliminate the long dead end scenario. A condition has been placed in
the development contract indicating Lakeview Road East will be extended in the future.
Cross - access and maintenance agreements shall be included with the applicant's
conveyances. Parking will be restricted to one side of North Bay Drive and Lakeview
Road East. The applicant may choose which side of the street to restrict parking.
Plans propose on a 5 -foot wide concrete sidewalk to be installed along the south side of
Lakeview Road East. An 8 -foot wide trail is proposed along Lyman Boulevard in
conjunction with the City's project which will tie into this development.
UTILITIES
The applicant has constructed a portion of the City's trunk water system in conjunction with
the development. Utilities for this phase of the development were constructed with the
Second Addition.
REVIEW OF CONDITIONS OF APPROVAL
Staff has reviewed the conditions of approval and made a determination of the compliance with
the conditions.
1. A ten foot clear space must be maintained around fire hydrants, i.e., street lamps,
trees, shrubs, bushes, NSP, NW Bell, cable television, transformer boxes. This is
to insure that fire hydrants can be quickly located and safely operated by fire
fighters. Pursuant to Chanhassen City Ordinance #9 -1.
* This condition still applies.
2. Redesignate Lot 1, Block 3, as an outlot. Lot 57, Block 1, and Lot 21, Block 2,
are unbuildable for dwelling units and must be maintained for common open
space.
* This condition has been met.
Revise the landscaping plan to provide upland and wetland plants to naturally
blend the pond into the surroundings; provide evergreen screening from
Don Ashworth
April 14, 1997
North Bay 3rd Final Plat, PUD #95 -1
Page 10
automobile headlights for Lots 1, 13, and 15, Block 2; increase the number of
evergreens to a minimum of 20 percent of the tree plantings as required by
ordinance; and incorporate additional evergreen plantings along the TH 212
corridor.
* This condition has been met.
4. The applicant shall provide financial guarantees to the city to assure satisfactory
installation of the landscaping.
* This condition has been met.
5. Revise Grading and Drainage Plan to indicate lowest floor level elevation and
garage floor elevation. This should be done prior to final plat approval.
* This condition has been met.
6. Submit soils report with lot by lot tabulations to the Inspections Division. This
should be done prior to issuance of any building permits.
* This condition still applies.
7. Change proposed Lake Riley Road to Lake Riley Road East.
* This condition has been met.
8. Obtain a building permit for retaining walls exceeding four feet in height before
beginning their construction.
* This condition does not apply to this phase.
The applicant will need to revise the erosion control plan to include temporary
sediment basins, Type III erosion control fence, seeding type and schedule of site
restoration. The plan shall be submitted to the City for review and formal
approval. Type III erosion control fence shall be used adjacent to the wetlands.
* This condition has been met.
10. All utility and street improvements (public and private) shall be constructed in
accordance with the latest edition of the City's Standard Specifications and Detail
Don Ashworth
April 14, 1997
North Bay 3rd Final Plat, PUD #95 -1
Page 11
Plates. Detailed street and utility plans and specifications shall be submitted for
staff review and City Council approval three weeks prior to final plat approval.
* This condition has been met.
11. Wetland buffer areas shall be surveyed and staked in accordance with the City's
wetland ordinance. The City will install wetland buffer edge signs before
accepting the utilities and will charge the applicant $20 per sign.
* This condition still applies.
12. The applicant shall provide detailed storm sewer calculations for 10 -year and 100 -
year storm events and provide ponding calculations for stormwater
quality /quantity ponds in accordance with the City's Surface Water Management
Plan for the City Engineer to review and approve. The applicant shall provide
detailed pre - developed and post developed stormwater calculations for 100 -year
storm events and normal water level and high water level calculations in existing
basins, created basins, and or creeks. Individual storm sewer calculations between
each catch basin segment will also be required to determine if sufficient catch
basins are being utilized. In addition, water quality ponding design calculations
shall be based on Walker's Pondnet model.
* This condition has been met.
13. The applicant shall enter into a PUD /development agreement with the City and
provide the necessary financial security to guarantee compliance with the terms of
the PUD /development agreement.
* This condition shall be modified to specify "an Amended PUD /development
agreement."
14. The applicant will meet wetland rules and regulations as stated in Corps of
Engineers section 404 permit, the State Wetland Conservation Act, and the City's
Wetland Ordinance. Mitigation work shall be implemented prior to or concurrent
with wetland fill activity in all phases of the project.
* This condition still applies.
15. The applicant shall apply for and obtain permits from the appropriate regulatory
agencies, i.e. Carver County, Watershed District, Metropolitan Waste Control
Don Ashworth
April 14, 1997
North Bay 3rd Final Plat, PUD #95 -1
Page 12
Commission, Health Department, Minnesota Pollution Control Agency,
Minnesota Department of Natural Resources, Army Corps of Engineers and
Minnesota Department of Transportation and comply with their conditions of
approval.
* This condition is not applicable with this phase.
16. The appropriate drainage and utility easements shall be dedicated on the final plat
for all utilities and ponding areas lying outside the right -of -way. The easement
width shall be a minimum of 20 feet wide. Consideration shall also be given for
access for maintenance of the ponding areas.
* This condition has been met.
17. No berming or landscaping will be allowed within any street right -of -way.
* This condition has been met.
18. The lowest exposed floor or opening elevation of all buildings adjacent to the
wetlands shall be a minimum of 2 feet above the 100 -year high water level.
* This condition still applies.
19. The proposed stormwater pond must have side slopes of 10:1 for the first ten feet
at the normal water level and no more than 3:1 thereafter or 4:1 throughout for
safety purposes. A landscape plan providing upland and wetland plants to
naturally blend the pond into the surroundings is recommended.
* This condition has been met.
20. The proposed multi - family residential development of 16.07 developable acres is
responsible for a water quantity connection charge of $47,808. These fees are
payable to the City prior to the City filing the final plat. Credits will be applied to
these fees after final review of the construction plans. Staff shall review the
developable acreage and fee prior to final plat.
* This condition has been met. The applicant shall receive credits that will be
applied to their administrative fees due to the creation of a regional pond.
Don Ashworth
April 14, 1997
North Bay 3rd Final Plat, PUD #95 -1
Page 13
21. The applicant shall report to the City Engineer the location of any drain tiles found
during construction and shall re- locate or abandon the drain tile as directed by the
City Engineer.
* This condition has been met.
22. Site grading shall be compatible with the future widening and of upgrading of
Lyman Boulevard and also with existing drainage characteristics from the
adjacent parcels. The applicant shall be responsible for acquiring the necessary
easements for grading outside the plat. All site grading must be completed prior
to street construction.
* This condition has been met.
23. The existing sanitary sewer located in the northeast portion of the site shall be
relocated in conjunction with the development. The applicant may petition the
City to vacate the existing utility easement once the line has been relocated.
* This condition is being met but is still applicable.
24. Final plat approval shall be contingent upon the City Council awarding a bid for
the first phase of the Lyman Boulevard/Lake Riley Area Trunk Improvement
Project No. 93 -32B and MnDOT approval of the alignment of Lyman Boulevard.
The applicant shall also dedicate the required 80 -foot wide right -of -way for
Lyman Boulevard prior to the finalization of the construction plans for Lyman
Boulevard. Final vertical and horizontal alignment for Lyman Boulevard shall be
subject to City and MnDOT -state aid approval.
* This condition has been met.
25. All disturbed areas shall be immediately restored upon completion of the site
grading with seed and disc - mulched or sod or erosion control blanket. All grading
must be completed prior to issuance of building permits on the site with the
exception of one model home directly off Lyman Boulevard. Wetland mitigation
areas shall be restored in accordance with the wetland restoration/alteration
permit.
* This condition still applies, but shall be amended to delete the second sentence.
26. The construction plans shall be revised to include the following changes:
Don Ashworth
April 14, 1997
North Bay 3rd Final Plat, PUD #95 -1
Page 14
a. Delete grading of the channel through Wetland Basin A.
b. Provide outlet control structures from the proposed pond north of Lyman
Boulevard to the wetland mitigation area adjacent to Lyman Boulevard
and from the mitigation area to Wetland Basin A.
Type III erosion control fence shall be placed adjacent to and around all
wetlands and mitigation areas.
d. Provide a temporary sediment basin on Lot 57, Block 1 in or near the
proposed irrigation house between Lots 32 and 56, Block 1.
All storm sewer catch basins shall be protected with hay bales and /or silt
fence until the streets are paved and the site fully revegetated.
f. Review grading plan to ascertain most appropriate method for conveying
stormwater across Lots 4 through 31, Block 1.
g. Add catch basins on new driveway access to apartments.
h. Prohibit parking on one side of all streets.
Address relocation and abandonment of existing gravel driveway on west
property line.
Include a drain tile system behind the curbs on all lots that are not adjacent
to a stormwater pond or wetland.
k. Use City standard detail plates.
1. Provide utility stub to vacant parcel which lies south of the apartments.
* This condition has been met.
27. The applicant shall obtain and convey to the City at no cost a street, utility and
drainage easement over the west 30 feet of the Lakeview Hills Apartments parcel
lying north of Lyman Boulevard and terminating where the full 60 -foot wide
right -of -way begins in the plat of North Bay.
Don Ashworth
April 14, 1997
North Bay 3rd Final Plat, PUD #95 -1
Page 15
* This condition has been met.
28. The applicant shall provide a temporary barricade at the end of Lake Riley Road
East and include a sign indicating that "This street will be extended in the future."
A condition shall also be placed in the PUD /development agreement
acknowledging the intent to extend Lake Riley Road in the future.
A condition has been placed in the development agreement acknowledging the
roadway extension. This condition is not applicable with this phase.
29. Parking shall be restricted to one side of North Bay Drive and Lake Riley Road.
The applicant may choose which side of the street to restrict parking. The City
will adopt the appropriate resolution prohibiting parking and place the appropriate
regulatory signs.
* This condition still applies, but shall be modified to state "Lakeview Road
East."
30. The applicant and/or property owner shall waive any and all procedural or
substantive objections to the special assessments associated with City public
improvement Project No. 93 -32B including, but not limited to, hearing
requirements and any claim that the assessment exceeds the benefit to the
property. Staff and the applicant will work on developing revised language for
this condition that conveys the intent of the condition.
* This condition still applies.
31. Payment of full park and trail fees per city ordinance.
* This condition still applies.
32. Dedication of Outlot C for park purposes. This dedication to be a condition of the
granting of planned unit development status.
* This condition has been met.
33. The applicant shall provide the city with some assurance that there will be some
variation in brick and siding colors, potentially designating certain areas within
the project for specific brick and siding colors.
Don Ashworth
April 14, 1997
North Bay 3rd Final Plat, PUD #95 -1
Page 16
* This condition still applies.
34. The applicant shall install a watermain along Lake Riley Road in accordance with
the city's feasibility study for Lyman Boulevard Reconstruction project (93 -32B).
The city shall credit the oversizing cost back to the applicant by means of a
reduction in their assessments for project 93 -32B. The oversizing cost shall be the
difference between an 8 -inch line and the proposed 12 -inch line based on fair
market value.
* This condition has been met.
35. No improvements to the land south of Lyman Boulevard will be permitted until a
conditional use permit for a beachlot is approved by the city.
* This condition does not apply to this phase.
36. The applicant shall provide a pedestrian access between Lots 32 and 56, Block 1,
to encourage access to the common open space.
* This condition has been met.
37. Staff will work with the applicant on providing acceptable setbacks for Block 1
including reducing the eastern and northern perimeter setbacks.
This condition has been met. The condition shall be modified to read:
"Minimum building setback from the east and west project boundary shall be
30 feet. The minimum building setback from the north project boundary is 50
feet."
38. The applicant will work with staff to consider the Klingelhutz right -of -way
alignment proposal for Lake Riley Road East.
* This condition has been met.
Due to the use of a private street within the development, North Bay Drive, cross - access easements
and maintenance agreements shall be required. Staff is recommending that this condition be added:
The applicant shall provide cross - access and maintenance agreements in favor of all the lots
adjacent to North Bay Drive.
Don Ashworth
April 14, 1997
North Bay 3rd Final Plat, PUD #95 -1
Page 17
AFFORDABLE HOUSING
The City is creating a Tax Increment Financing Housing District to provide affordable housing
within the development. A housing district requires that 80 percent of the units in the district meet,
affordability criteria, below $120,000. In order to meet criteria for first -time home buyer program,
units must be priced below $95,000. A housing district has a maximum life of 25 years.
The TIF will provide 46 affordable units.
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
"The City Council approves PUD #95 -1 granting Final Plat approval for North Bay 3` Addition
creating 29 lots and Outlot A (plans prepared by Pioneer Engineering, dated stamped received
March 7, 1997) subject to the following conditions:
1. A ten foot clear space must be maintained around fire hydrants, i.e., street lamps,
trees, shrubs, bushes, NSP, NW Bell, cable television, transformer boxes. This is
to insure that fire hydrants can be quickly located and safely operated by fire
fighters. Pursuant to Chanhassen City Ordinance #9 -1.
2. Submit soils report with lot by lot tabulations to the Inspections Division. This
should be done prior to issuance of any building permits.
3. Wetland buffer areas shall be surveyed and staked in accordance with the City's
wetland ordinance. The City will install wetland buffer edge signs before
accepting the utilities and will charge the applicant $20 per sign.
4. The applicant shall enter into an Amended PUD /development agreement with the
City and provide the necessary financial security to guarantee compliance with the
terms of the PUD /development agreement.
The applicant will meet wetland rules and regulations as stated in Corps of
Engineers section 404 permit, the State Wetland Conservation Act, and the City's
Wetland Ordinance. Mitigation work shall be implemented prior to or concurrent
with wetland fill activity in all phases of the project.
6. The lowest exposed floor or opening elevation of all buildings adjacent to the
wetlands shall be a minimum of 2 feet above the 100 -year high water level.
Don Ashworth
April 14, 1997
North Bay 3rd Final Plat, PUD #95 -1
Page 18
7. The existing sanitary sewer located in the northeast portion of the site shall be
relocated in conjunction with the development. The applicant may petition the
City to vacate the existing utility easement once the line has been relocated.
8. All disturbed areas shall be immediately restored upon completion of the site
grading with seed and disc - mulched or sod or erosion control blanket. Wetland
mitigation areas shall be restored in accordance with the wetland
restoration/alteration permit.
9. Parking shall be restricted to one side of North Bay Drive and Lakeview Road
East. The applicant may choose which side of the street to restrict parking. The
City will adopt the appropriate resolution prohibiting parking and place the
appropriate regulatory signs.
10. The applicant and /or property owner shall waive any and all procedural or
substantive objections to the special assessments associated with City public
improvement Project No. 93 -32B including, but not limited to, hearing
requirements and any claim that the assessment exceeds the benefit to the
property. Staff and the applicant will work on developing revised language for
this condition that conveys the intent of the condition.
11. Payment of full park and trail fees per city ordinance.
12. The applicant shall provide the city with some assurance that there will be some
variation in brick and siding colors, potentially designating certain areas within
the project for specific brick and siding colors.
13. Minimum building setback from the east and west project boundary shall be 30
feet. The minimum building setback from the north project boundary is 50 feet.
14. The applicant shall provide cross - access and maintenance agreements in favor of all the lots
adjacent to North Bay Drive."
Attachments:
1. North Bay 3rd Addition Final Plat
NORTH BAY 3RD ADDITION
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