1g Halla Maryanne AdditionCiTY OF
PC DATE: August 6, 2002
CC DATE: August 26, 2002
REVIEW DEADLINE: 9-1-02
CASE #: 2002-11 SUB
By: A1-Jaff
STAFF REPORT
eligibility," Halla Maryanne Addition
LOCATION:
North of Creekwood Drive and West of State Highway 101.
APPLICANT:
Don Halla
6601 Mohawk Trail
Edina, MN 55439
(952) 941-8422
(952) 445-6555
PRESENT ZONING:
A2, Agricultural Estate District
2020 LAND USE PLAN:
Residential Large Lot (2.5 Acre Minimum 1/10 acre Outside of
MUSA)
ACREAGE:
14.027 Acres 611,016.12 Square Feet
DENSITY:
0.07 Units Per Acre
SUMMARY OF REQUEST: The applicant is requesting to subdivide 14.027 Acres into one lot
and one outlot. The lot contains a single family home, currently under construction. The outlot will
be reserved for future development when sewer and water are made available to the site. Staff is
recommending approval of the application. 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
Halla Maryanne Addition
August 26, 2002
Page 2
Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a
quasi-judicial decision.
BACKGROUND
On June 21, 1995, the City Council approved the final plat for the subdivision of 102.73 acres into
33 lots and one outlot, Halla Great Plains Addition. Halla Nursery was platted with an area of 11.45
acres as part of the subdivision.
HALLA GREAT PLAINS ADDITION
On July 8, 2000, Carver County District Court approved the vacation of a portion of the plat (the
area east of Highway 101 and south of Halla Nursery), at the request of the owners of the
property.
Halla Maryanne Addition
August 26, 2002
Page 3
VACATED PORTIONS OF HALLA GREAT PLAINS ADDITION
On April 9, 2002, the City issued a building permit for the construction of a single-family house on
the southeast comer of the parcel located south of Halla Nursery.
SINGLE FAMILY HOME
CURRENTLY
UNDER CONSTRUCTION
LOCATION
OF
PROPOSED SUBDIVISION
Since this portion of the plat was vacated, it is technically a single lot with an area of 14.027 acres.
The applicant is requesting to divide it into one lot and one outlot.
PROPOSAL SUMARY
The applicant is requesting to subdivide 14.027 acres into one lot and one outlot. The site is
located north of Creekwood Drive and west of Highway 101. A single family home is under
construction on the southeast comer of the property. The site is zoned Agricultural Estate
District, A-2. Access to the property is gained via Creekwood Drive. There is no direct access
onto Highway 101.
The single family home, which is currently under construction, will utilize an Individual Sewer
Treatment System (ISTS) and a well. There are a variety of trees on this site, none of which are
proposed to be removed.
Since the parcel is zoned Agricultural Estate District, A-2, and it is located outside Metropolitan
Urban Service Area (MUSA), the area of the platted lot can be a minimum of 15,000 sq. ft.,
however, the minimum density of 1 unit per 10 acres must be maintained. The proposed lot and
outlot meet the minimum requirements of the zoning ordinance. The outlot cannot be developed
until urban services are available to that area.
The proposed subdivision of the property is consistent with the guidelines established in the
comprehensive plan and zoning ordinance. This is a very simple subdivision application and staff
~s recommending approval with conditions.
Halla Maryanne Addition
August 26, 2002
Page 4
PRELIMINARY PLAT
The applicant is requesting the subdivision of 14.027 acres into one lot and one outlot. The lot, with
an area of 1.97 acres (85,948 square feet), will house a single-family home currently under
construction while the outlot, with an area of 12.05 acres (525,053 square feet), will be reserved for
future development when sewer and water is available to the site. It is scheduled to be brought into
the urban service area in the year 2020. The site is guided Residential Large Lot. If the
applicant petitions the city to re-guide the property to Residential Low Density, and if the city
approve the applicant's request, at that time the lot and outlot may be platted into smaller lots
with a minimum of 15,000 sq. ft.
COMPLIANCE WITH ORDINANCE - A-2, Agricultural Estate District
Lot~ Area Lot Lot Home
Width Depth Setbacks
Ordinance 15,000 sq. ft. subject to a 200' 200' 50' front/front
density of 1 unit per 10 10' side
acres
Lot 1 1.97 acres 310.95' 315.18' 175'/142'
Comer 85,948 square feet 345.98' 55'/70'
Lot
GRADING/DRAINAGE
The site contains a single family home, currently under construction. The remainder of the site is
used as a tree farm. As part of the building permit application, an as-built survey will be
required that shows the minor grading completed as a part of the home construction. No
additional grading is proposed in conjunction with this subdivision proposal.
The additional one home site will not impact or affect the existing drainage in the area. To
insure that positive drainage is maintained away from the house under construction, proposed
contour elevations shall be incorporated into the plans.
UTILITIES
The area is located outside of the Municipal Service Area (MUSA), therefore, the site will have a
well and septic system.
STREETS
Access to the site is from Creekwood Drive, which is a city street with 66 feet width of Right-of-
Way. No additional fight-of-way is required.
Halla Maryanne Addition
August 26, 2002
Page 5
WETLANDS
No wetland basins exist on-site according to the National Wetland Inventory and the City's
Surface Water Management Plan.
Storm Water Management
The applicant has not proposed on-site storm water management.
Erosion Control
All upland areas disturbed as a result of construction activities shall be immediately restored with
seed and disc-mulched, covered with a wood-fiber blanket or sodded within two weeks of
completion of each activity in accordance with the City's Best Management Practice Handbook.
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 $800/acre.
According to Section 18-36 of Chanhassen's City Code, "the charge for lots oversized due to
individual onsite sewage disposal and water systems will be reduced to the charge that would be
imposed on a one-half acre lot." Based on the charge for a one-half acre lot, the water quality fees
associated with this project are $400.
Water Quantity Fees
The SWMP has established a connection charge for the different land uses based on an average
citywide rate for the installation of water quantity systems. This cost includes land acquisition,
proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Single-
family residential developments have a connection charge of $1,980 per developable acre. This
results in a water quantity fee of $990 for the proposed development.
SWMP Credits
The applicant has not proposed storm water ponding for this subdivision; therefore, the
subdivision is not eligible for SWMP credits.
At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $1,390.
Other Agencies
The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency, Army Corps
of Engineers) and comply with their conditions of approval.
Halla Maryanne Addition
August 26, 2002
Page 6
TREE PRESERVATION
Tree canopy coverage and preservation calculations for the Halla Maryanne Addition are as
follows:
Total upland area (including outlots)
Total canopy area (excluding wetlands)
Baseline canopy coverage
Minimum canopy coverage allowed
14.027 ac or 611,002 SF
3.50 ac or 152,754 SF
25%
35% or 4.90 ac.
Proposed tree preservation 25 % or 3.50 ac.
Developer does not meet minimum canopy coverage required; therefore the replacement
plantings are required.
Difference in canopy coverage 60,984 SF
Total number of trees to be planted 56 trees
There is no replacement-planting plan associated with the application.
There are some issues that affect the required landscaping. First of all, the outlot is an actively
managed agricultural production field. For that reason, the trees that exist today may be dug and
sold tomorrow thereby making the canopy coverage calculations obsolete or incorrect. It is
therefore difficult to ascertain what are the true tree preservations requirements. Secondly, the
land is changing form on paper only. As stated earlier, the outlot will continue to be managed
for commercial purposes and as such seems incongruent with the usual standards for tree
preservation. Thirdly, no tree removal is occurring due to the subdivision process. Staff
recommends that the replacement-planting requirement be waived. When the outlot is
subdivided, then proper tree preservation requirements can be applied.
PARK AND RECREATION
The applicant paid $1,500 in park fees and $500 in trail fees at the time of building permit for the
home on Lot 1. Therefore, no additional fees are required.
GIS FEES
The applicant shall pay the City GIS fees according to City ordinance.
PLANNING COMMISSION UPDATE
On August 6, 2002, the Planning Commission reviewed and approved this application
unanimously.
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
Halla Maryanne Addition
August 26, 2002
Page 7
"The City Council approves the preliminary and final plat request (02-11 SUB) subdivide a
14.027 acre parcel into a 1.97 acre lot and a 12.05 acre outlot, as shown on the plans dated
received July 3, 2002, and approval of the development contract to establish a no building
eligibility subject to the following conditions:
All upland areas disturbed as a result of construction activities shall be immediately restored
with seed and disc-mulched, covered with a wood-fiber blanket or sodded within two weeks
of completion of each activity in accordance with the City's Best Management Practice
Handbook.
o
The water quality fees associated with this project are $400; the water quantity fees are
approximately $990. The total SWMP fee, due payable to the City at the time of final
plat recording, is $1,390.
°
The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control
Agency) and comply with their conditions of approval.
°
The applicant shall enter into a development contract with the City establishing that no
building eligibility remains for the 12.05 acre parcel until such time urban services are
available and the city reguides the site to Residential Low Density.
5. The applicant shall pay the City GIS fees according to city ordinance.
6. Show the width of the existing right-of-way on Highway 101 and Creekwood Drive.
7. Add a legend to the plan that defines the different line types.
8. Show the proposed grading that is planned for Lot 1.
9. The applicant must obtain an encroachment agreement for the wire fence in the front yard
easement or move the fence outside of the easement.
10. The replacement-planting requirement shall be waived. When the outlot is subdivided,
then proper tree preservation requirements can be applied."
ATTACHMENTS
1. Application.
2. Public Hearing Notice.
3. Planning Commission Minutes dated August 6, 2002.
4. Development Contract
5. Plans dated July 3, 2002.
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
.APPDCANT: ,~-'--~ _~/~ / / ~ ,,~ ,/~ OWNER:
ADDRESS: ADDRESS:
-TELEPHONE (Day time)
TELEPHONE:
Comprehensive Plan Amendment
Conditional Use Permit
Interim Use Permit
Non-confcrming Use Permit
Planned Unit Development'
Rezoning
Sign Permits
Sign Plan Review
Site PJan Review*
~ SubdMsion"
.
Temporary Sales Permit
Vacation of ROW/Easements
Variance
AILer,~ ~,on Permit
Wetland ' ~';
Zoning Appeal
Zoning Ordinance Amendment
Notification Sign
Escrow for Filing Fees/Attorney Cost**
($50 CU p/S P RfVAC/VAR/WAP/Metes
and Bounds, $400 Minor SUB)
TOTAL FEE $
A list of all property owners within 500 feet of the boundaries of the property must be included with the
application.
]3ui]ding material samples must be submitted with site plan reviews.
'q'wenty-six full size folded copies of the plans must be submitted, including an 81/2'' X 11" reduced copy of
b'ans, parency for each plan sheet.
'-* Escrow will be required for other applications through the development contract
NOTE- When muhiple applications are processed, the appropriate fee shall be charged for each application.
LOCATION . ,"--'"- ~ . .~,~...-'.
LEGAL DESCRIPTION ._~,.~~_/
. ~ ~ / ~ i/ ,~ ,
TOTALACREAGE~/~ ~ ~ -
W~NDS PRESENT - _ YES ~ _ NO -
PRESENT ZONING
REQUESTED ZONING ~~
P~ESENT LAND U~E ~ES~NAT~ON ~
REQUESTED ~ND USE DESIGNATION
REASON FOR THIS REQUEST ~ "' ' '-'
" ' //A ¢' ' -
Th~s application must be completed in full and be typewri~en 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
Depadment to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within ten business days of application submittal. A wri~en
notice o~ application deficiencies shall be mailed to the applicant within ten business days of application.
This is to ce~ify 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 pady whom
the City should contact reaarding any ma~er pedaining.to this application. I have a~ached a copy of proof of ownership (either
copy of Owner's Duplicat¢Cedificate 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.
will keep myself informed of the deadlines for submission of material and the progress of this application. I fudher
mderstand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
~uthorization to proceed with the study. The documents and information I have submi~ed are true and correct to the best of
knowledge.
city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
'uirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
for development review. Development review shall be completed within 120 days unless additional review
s are approved by the applicant.
nature df-Applicant ,..$?,'
Ipignature of Fee Owner "- '-----'- ' "Date
plication Received on _ __ Fee Paid
. Receipt No.
Fhe applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting.
If not contacted, a copy of the report will be mailed to the applicant's address.
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, AUGUST 6, 2002 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
APPLICANT: Don Halla
PROPOSAL: Preliminary Plat
LOCATION' North of Creekwood Drive
West of Hwy. 101
NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Don Halla,
is requesting preliminary plat approval to subdivide 14.027 acres into one lot and one outlot to create Halla
Maryanne Addition. The site is currently zoned Agricultural Estate District and is located north of Creekwood
Drive and west of State Highway 101.
What Happens at the Meeting' The purpose of this public hearing is to inform you about the applicant's
request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead
the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses the project.
Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during
office hours, 8:00 a.m. to 4'30 p.m., Monday through Friday. If you wish to talk to someone about this project,
please contact Sharmeen at 227-1134. If you choose to submit written comments, it is helpful to have one
copy to the department in advance of the meeting. Staff will provide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on July 18, 2002.
~b'eet
Smooth Feed SheetsTM
CREEK GOLF ASSOC
CREEKWOOD DR
MN 55318
DAVID S & CLARE M JOHNSON
821 CREEKWOOD DR
CHASKA MN 55318
Use template for 5160®
GARY & DEBRA ANDERSON
725 CREEKWOOD
CHASKA MN 55318
CREEK GOLF ASSOC
CREEKWO__Or -DR"-'-
I._SKA_.~.--'''''~ MN 55318
E HALLA &
J CWAYNA HALLA
GREAT PLAINS BLVD
MN 55318
JEFFREY & KATt-iLEEN DYPWICK
10300 GREAT PLAINS BLVD
CHASKA MN 55318
KAY M HALLA
770 CREEK.WOO~ DR
CH,.~''A'j MN
55318
MARK D WELLE
LESLIE K MASON-WELLE
10220 MANDAN CIR
CHASKA MN
55318
RENEE L STRICKLAND
10251 GREAT PLAINS BLVD
CHASKA MN 55318
J & KATHLEEN R GERTZ
I GREAT PLAINS BLVD
SKA MN 55318
'.XlAS J & K.-\THLEEN R GERTZ
GREAT PL:klNS BL\'D
SKA MN 55318
ANNE & CLARA VOGEL
815 CREEKWOOD DR
CHASKA MN
D:\VID R TEICH
1217 .XlONROE ST S
S I t AKOPEE
MN
55318
55379
D,~NIEL SCHAITBERGER &
CATHERINE A SCHAITBERGER
10241 MANDAN CIR
CHASKA MN --" 1
BRUCE W PAUL
10240 MANDAN CIR
CHASKA
MN 55318
ID R TEICH
-XlONROE ST S
KOPEE
\IN 55379
XI:kRK D & KAY M HALLA
770 CREEK\VOOD DR
Ci tASKA MN
55318
RICHARD T HALVER
10271 GREAT PLAINS BLVD
CHASKA MN 55318
CREEK GOLF ,.\SSOC
CREEK\VOOD DR
SKA ~IN 55318
SPENCER L & GLORIA A BOYNTON
TRUSTEES OF TRUSTS
777 CREEKWOOD
CHASKA MN 55318
JOHN C & KATHLEEN .M CHLEBECEK
10260 MANDAN CIR
CHASKA .,",IN 55318
ALD E ttALLA.&
J C\V HALLA
PLAINS BLVD
MN - -"
JAMES \\' SABINSKE
775 CREEKWOOD
CHASKA MN
55318
TER G & CItRIS A ARNDT
1 GREAT PLAINS BLVD
5KA
MN 55318
HARRY E NIEMELA
10670 POPPITZ LN
CHASKA
MN
55318
,KLAN GUNDERSON
;REEK\VOOD DR
SKA *",'IN
55318
HARRY E NIEMELA
10670 POPPITZ LN ---
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55318
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
AUGUST 6, 2002
Vice Chair Sidney called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: LuAnn Sidney, Bruce Feik, Steve Lillehaug, Uli Sacchet and Rich
Slagle. Alison Blackowiak arrived during discussion of item 3, Town & Country Homes.
MEMBERS ABSENT: Craig Claybaugh
STAFF PRESENT: Kate Aanenson, Community Development Director; Sharmin A1-Jaff,
Senior Planner; Matt Saam, Assistant City Engineer; and Jason Angell, Planner
PUBLIC PRESENT FOR ALL ITEMS:
Deb Kind
Deb Lloyd
Janet & Jerry Paulsen
2351 Lukewood
7302 Laredo Drive
7305 Laredo Drive
PUBLIC HEARING:
REQUEST FOR PRELIMNARY PLAT APPROVAL TO SUBDIVIDE 14.027 ACRES
INTO ONE LOT AND ONE OUTLOT TO CREATE HALLA MARYANNE ADDITION.
THE SITE IS CURRENTLY ZONED AGRICULTURAL ESTATE DISTRICT AND IS
LOCATED NORTH OF CREEKWOOD DRIVE AND WEST OF STATE HIGHWAY 101~
DON HALLA.
Public Present:
Name
Address
Don Halla
Maryanne White
660 l Mohawk Trail, Edina
6601 Mohawk Trail, Edina
Sharmin A1-Jaff presented the staff report on this item.
Sidney' Questions of staff. Yes.
Slagle: Just one to you Madam Chair, as a point of clarification. I need to abstain from this due
to the fact that the participants are clients of mine so I'm going to sit down.
Sidney' Thank you. Yes.
Sacchet: Quick question of staff. One thing I wasn't clear about is on the second page of the
staff report. It talks about the subdivision being vacated. Does that also apply to the piece, there
are two pieces shaded on the map. Does it also apply, I was just curious, does it also apply to that
piece to the northeast?
Al-Jarl: Yes.
Planning Commission Meeting - August 6, 2002
Sacchet: So both have been vacated.
A1-Jaff: Correct.
Sacchet: But we're only dealing with the one on the southwest corner?
A1-Jaff: That's correct.
Sacchet: Okay. And then I had one more question of staff. Condition 4 states that there will be a
development contract, that no eligibility remains what you just explained was the 10 acre
business. Until such time urban services are available, and the city reguides the site residential
low density. Is that already a given that it will be low density? This does not imply a
commitment that it will be, okay.
A1-Jaff: No.
Sacchet: Just want to clarify that, okay. That's all my questions, thank you.
Aanenson: Could I just add to that? In the 2020 land use plan, it is guided low density.
Sacchet: That's the guidance, okay.
Aanenson. That is the guiding so if you were to change and make it something else, it would
require a land use amendment and approval from the Met Council. Just for clarification.
Sacchet: So the overall vision is that it will be low density?
AallellSOll: Correct.
Sacchet: I mean it's not a commitment, but it's the vision. I mean that's what I'm trying to
weigh a little bit where we stand because we express it here in this condition...
Aanenson: That is the vision that that area be low density residential.
Sacchet: Okay, thank you.
Feik: No questions.
Lillehaug: No questions.
Sidney: I guess I will only comment that I agree with the staff's interpretation that it's consistent
with the comprehensive plan and the zoning ordinances. Okay, this is a public hearing. Anyone
wishing to address the Planning Commission please come forward. State your name and address
for the record. Oh I'm sorry, applicant first. Yes.
Don Halla: Hi. I'm Don Halla. There was a question that came up today about the total number
of trees on the lot being insufficient. I went out and counted them, which I never have done
before, and there's 124 of them, which actually means the trees are located on, it's a little less
square footage than when I thought I took 2 acres would be 27 foot on center. So we're about as
dense as you'd want a full grown tree to be. The only place that's really been opened up is a little
area that a couple trees were moved from, but different spot on the site so Maryanne could put a
Planning Con,nnission Meeting - August 6, 2002
garden there. Maryanne is my daughter and I'm just gifting her the property is basically what it
is. And if you'd like to see, if anybody wants to see the density of the trees, I took some pictures
today so.
Sidney: Sure, if you have them.
Don Halla: In addition, I believe we have already paid all the fees that are outlined to be paid.
They' ye been paid previously when we did a subdivision so I believe there's credits there that
will be checked on and worked out.
A1-Jaff: Earlier today the applicant and myself spoke regarding this item. Both engineering, as
well as Lori Haak who is our Water Resource Coordinator, are researching that portion of it. And
if the fees have been paid, then that condition will be removed.
Don Halla: Any questions anybody has of me?
Sidney: I don't think so.
Don Halla: Thank you.
Sidney: Okay, thanks. Now, we'll open up the public hearing. Anyone wishing to address the
Planning Commission on this issue? Please come forward, state your name and address. Seeing
none I'll close the public hearing. Commissioners, corrunents about this application.
Feik: Seems pretty straight forward to me. I see no problems.
Sacchet: Ditto.
Sidney: Ditto.
Lillehaug: Same.
Sidney: I guess the one thing we should note that staff has recommending waiving the tree
replacement.
Al-Jarl: That's correct. At this time and when the outlot is platted in the future, they will be
required to meet ordinance requirements as far as number of trees on the site.
Sidney: Okay.
Sacchet: That appears reasonable. Now I have one question though Madam Chair, if I may.
What did you reconsnend about this thing with the fees? Are we leaving this condition on right
now with the stipulation that it will be removed once you verify that the fees have been paid2
A1-Jaff: That' s correct.
Sacchet: Okay. And would it make sense in condition 4 to say this, where we're talking about
the city reguiding this site residential low density, if you refer to as planned in the 2020 vision for
the city or is that overkill?
A1-Jaff: How about we leave it as is.
Planning Commission Meeting- August 6, 2002
Sacchet: That we leave it as is?
A1-Jaff: Yes.
Sacchet: AIright. I'm willing to go along with that.
Sidney: Okay, how about a motion?
Feik: I'll make a motion. Planning Commission recommends approval of the preliminary plat
request 02-11 SUB to subdivide a 14.027 acre parcel into 1.97 acre lot and a 12.05 acre outlot as
shown on plans dated received July 3, 2002, subject to the following conditions 1 through 10.
Sacchet: Second.
Feik moved, Sacchet seconded that the Planning Commission recommends approval of the
preliminary plat request (02-11 SUB) to subdivide a 14.027 acre parcel into a 1.97 acre lot
and a 12.05 acre outlot as shown on the plans dated received July 3, 2002, subject to the
following conditions:
All upland areas disturbed as a result of construction activities shall be immediately
restored with seed and disc-mulched, covered with a wood-fiber blanket or sodded within
two weeks of completion of each activity in accordance with the City's Best Management
Practice Handbook.
.
.
o
o
.
Based on the proposed developed area of approximately 1.97 acres, the water quality fees
associated with this project are $1,576; the water quantity fees are approximately $3,901.
The applicant will be credited for water quality where NURP basins are provided to treat
runoff fi'om the site. This will be determined upon review of the ponding and storm
sewer calculations. At this time the estimated total SWMP fee, due payable to the City at
the time of final Plat recording, is $5,477.
_
The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g. Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control
Agency), and comply with their conditions of approval.
The applicant shall enter into a development contract with the City establishing that no
building eligibility remains for the 12.05 acre parcel until such time urban services are
available and the city reguides the site to Residential Low Density.
The applicant shall pay the City GIS fees according to city ordinance.
Show the width of the existing right-of-way on Highway 101 and Creekwood Drive.
Add a legend to the plan that defines the different line types.
Show the proposed grading that is planned for Lot 1.
.
The applicant must obtain an encroachment agreement for the wire fence in the front yard
easement or move the fence outside of the easement.
Planning Commission Meeting - August 6, 2002
10.
The replacement-planting requirement shall be waived. When the outlot is subdivided,
then proper tree preservation requirements can be applied.
All voted in favor and the motion carried unanimously with a vote of 4 to 0. Rich Slagle
abstained due to a conflict of interest.
PUBLIC HEARING:
CONSIDER THE REQUEST FOR A SETBACK VARIANCE FOR THE
RECONSTRUCTION OF A DETACHED GARAGE ON A LOT OF RECORD ZONED
RESIDENTIAL SINGLE FAMILY AND LOCATED AT 6681 HORSESHOE CURVE~
JEFF & JUDY KVILHAUG.
Public Present:
Name
Address
Brian Nowak 1735 Perkins Lane, Maple Plain
Judi & Jeff Kvilhaug 6681 Horseshoe Curve
Jason Angell presented the staff report on this item.
Sidney: Questions of staff2 Okay.
Sacchet: On page 2, I think there must be an eh'or in the first paragraph in background it talks
about Laredo Drive and Chan View Road. That must, that's not applicable here.
Angell: No.
Sacchet: So I want to make sure I wasn't missing something.
Angell: No, that's a typo.
Sacchet: It seemed to be in a different neighborhood. Other than that I don't have any questions.
Thank you.
Sidney: Okay, nobody else?
Angell: And the applicant and their architect are here also.
Sidney: Okay. Well then I'll remember them this time. Okay, if the applicant would like to
come forward and/or their designee and make a presentation. Please state your name and address
for the record.
Judi Kvilhaug: I'm Judi Kvilhaug and I live at 6681 Horseshoe Curve.
Jeff Kvilhaug: Jeff Kvilhaug, same residence. 6681 Horseshoe Curve.
Brian Nowak: Brian Nowak, 1735 Perkins Lane in Maple Plain.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
HALLA MARYANNE ADDITION
DEVELOPMENT CONTRACT
CITY OF CHANHASSEN
DEVELOPMENT CONTRA CT
HALLA MARYANNE ADDITION
AGREEMENT dated August 26, 2002 by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation (the "City"), and DONALD E. HALLA and SANDRA J.
CWAYNA HALLA, husband and wife (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve a plat for
HALLA MARYANNE ADDITION (referred to in this Contract as the "plat"). The land is legally
described as Lots 11, 12, 13, 14, 15, 16, 17, and 18, Block 1, and vacated Daylily Lane all in
vacated portion of Halla Great Plains Addition.
2. Conditions of Plat Approval. The City hereby approves the plat on condition that
the Developer enters into this Contract, abide by its terms, and furnishes the security required by it.
3. Development Plans. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. ff the plans vma2 from the written tenThS of
this Contract, the written tetuns shall control. The plans are:
Plan A:
Final plat approved August 26, 2002, prepared by Arlson and Arlson Inc.
.
Improvements. The Developer shall install and pay for the following:
A. Setting of Lot and Block Monuments
5. Time of Performance. The Developer shall install all required improvements
by November 15, 2003. The Developer may, however, request an extension of time from the City.
ff an extension is granted, it shall be conditioned upon updating the security posted by the
Developer to reflect cost increases and the extended completion date.
6. Security. To guarantee compliance with the terms of this Contract, the
Developer shall furnish the City with a letter of credit from a bank or cash escrow ("security") for $
1,945.00.
Estimated Total Cost of Public Improvements $
3% of Public Improvement Costs (up to $500,000) $
Final Plat Process (Attorney Fee for Review and Recording of $
Plat and Development Contract)
Recording Fees
a. Development Contract $
450.00
30.00
b. Plat Filing
$ 30.00
Surface Water Management
GIS Fee ($25/plat and $1 O/parcel)
$ 1,390.00
$ 45.00
TOTAL ADMINISTRATION FEES
$ 1,945.00
This breakdown is for historical reference; it is not a restriction on the use of the security. The
security shall be subject to the approval of the City. The security shall be for a term ending
December 31, 2003. The City may draw down the security, without notice, ~or any violation of the
terms of this Contract. If the required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also draw it down. If the security is drawn
down, the draw shall be used to cure the default. With City approval, the security may be reduced
from time to time as financial obligations are paid, but in no case shall the security be reduced to a
point less than 10% of the original amount until all improvements are complete and accepted by the
City.
7. Notice. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address:
Don Halla
6601 Mohawk Trail
Edina, MN 55439
(952) 941-8422
(952) 445-6555
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
8. Other Special Conditions.
a. All upland areas disturbed as a result of construction activities shall be immediately restored
with seed and disc-mulched, covered with a wood-fiber blanket or sodded within two weeks
of completion of each activity in accordance with the City's Best Management Practice
Handbook.
b. The water quality fees associated with this project are $400; the water quantity fees are
approximately $990. The total SWMP fee, due payable to the City at the time of final
plat recording, is $1,390.
Co
The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control
Agency) and comply with their conditions of approval.
d. The applicant shall pay the City GIS fees according to city ordinance.
e. On or before November 1, 2002, the applicant must obtain an encroachment agreement
for the wire fence in the front yard easement or move the fence outside of the easement."
9. Restrictions of Future Subdivisions. Future subdivision of this subdivision is
prohibited until the site has been brought into the Municipal Urban Service Area ("MUSA")
10. No Building Permit. The above described land is outside the Municipal Urban
Service Area ("MUSA"). The maximum density allowed is one single family dwelling per ten
acres. A single family dwelling exists on the land described as Lot 1, Block 1, Halla Maryanne
Addition. Until all the property described as Lots 11, 12, 13, 14, 15, 16, 17, and 18, Block 1, and
vacated Daylily Lane all in vacated portion of Halla Great Plains Addition, is brought within the
Municipal Urban Service Area, no building permits will be issued for the land described as Outlot
A, Halla Maryanne Addition.
11. Miscellaneous.
i. This Areement shall be binding upon the parties, their heirs, successors,
and/or assigns, as the case may be.
ii. This Agreement shall run with the land and shall be recorded against the
title to the subject property.
IN TESTIMORNY WHEREOF, the parties have hereunto signed this Agreement the day and year
firs above written.
CITY OF CHANHASSEN
(SEAL)
BY:
Linda C. Jansen, Mayor
Todd Gerhardt, City Manager
DEVELOPER:
BY:
Donald E. Halla
BY:
STATE OF MINNESOTA )
COUNTY OF CARVER )
( SS.
Sandra J. Cwayna Halla
The foregoing instrument was acknowledged before me this _ day of _,
2002, by Linda C. Jansen, Mayor, and by Todd Gerhardt, City Manager, ~)f the City of Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
STATE OF MINNESOTA )
COUNTY OF )
( SS.
NOTARY PUBLIC
The foregoing instrument was acknowledged before me this
2002, by Donald E. Halla and Sandra J. Cwayna Halla, husband and wife---~.
day of
DRAFI'ED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
NOTARY PUBLIC