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5. Timberwood Estates 2nd Addition: Outlot C Final Plat.1 CITY OF y,. CHANHASSEN PC DATE: N/A CC DATE: 12/11/95 1/11/96 CASE #: SUB 86 -27 By: Rask:v STAFF REPORT ' Z a U a 1 PROPOSAL: Final plat approval to plat Outlot C, Timberwood Estates, into one lot, Lot 1, Block 1, Timberwood Estates 2nd Addition LOCATION: Outlot C, Timberwood Estates, north side of Timberwood Drive APPLICANT: Wallace Otto Richard P. Hartung Estate 400 So. Oak St. c/o Kimberly Hartung- Strouth Waconia, MN 55387 1128 Karth Lake Drive 442 -2889 Arden Hills, MN 55112 PRESENT ZONING: ACREAGE: 0 � f~ 0 1� DENSITY: RR, Rural Residential 5.00 Acres .2 units /acre Action �Y City Adm. in rr4tor y ::.: �•i`�� �fi iii 1:��' Submitted t9 Came ADJACENT ZONING / -g _c 4, AND LAND USE: N - OI, Office and Institutional, Bluff Creek Elementary — S - RR, Rural Residential, Timberwood Estates E - RR, Rural Residential, Timberwood Estates W - RR, Rural Residential, Timberwood Estates WATER AND SEWER: Available to the Site PHYSICAL CHARACTER.: The site is sloping with a natural wetland located towards the center of the lot. The northerly third of the lot is wooded. 2000 LAND USE PLAN: Large Lot Residential (2.5 ac. min.) MULA I ;� LOCATION IIIIII�i���■ ,N BLVD. �o o c o p aD ti N N 8700 —i 0 m a 8800— a ARK RK Timberwood Estates 2nd Addition December 11, 1995 January 11, 1996 Page 2 1 1 it COUNCIL UPDATE On December 11, 1995, the City Council tabled action on this item to give the applicant an opportunity to submit revised plans showing a proposed house pad farther from the west property. Council was concerned that the proposal, as originally submitted, was detrimental to the overall character of the neighborhood and surrounding properties. The applicant has submitted revised plans showing a house pad eighty (80) feet from the west lot line. This setback would provide a one hundred (100) foot separation between the proposed home and the residence located to the west. Building orientation was also revised by rotating the house pad parallel to Timberwood Drive. This orientation may be aesthetically more pleasing, however, it requires a significant amount of additional grading. As proposed, the rear or north side of the home will be raised approximately four feet. The north and west side of the home will need to be graded or retained to blend the home with the natural topography and divert storm water away from the home. Detailed grading, drainage, and erosion control plans will be required at the time of building permit approval. At the December 11, 1995 City Council meeting and through discussions with city staff, the applicants have appeared willing to accept a greater setback from the west property line. The revised plans show that a reasonable size home can be located on the lot while maintaining a greater setback. If mutually acceptable between the applicant and Council, the Council may wish to attach a condition requiring a greater setback (see condition 9). To provide the applicant or future builder with some flexibility, staff recommends that a sixty (60) foot setback be adopted. This would provide at a minimum an eighty (80) foot separation between the proposed home and the residence located to west. A concern was also raised regarding the feasibility of the alternate ISTS site. As indicated in the attached memo from Steve Kirchman, dated January 3, 1996, both the primary and alternate sites meet ordinance requirements and can be reasonably utilized. PROPOSAL /SUMMARY The applicants are proposing to plat Outlot C into one lot. In 1987 when the preliminary plat for Timberwood Estates was approved, the City Council indicated the lot could be built upon if the applicant could demonstrate that the lot was buildable. To be considered a buildable lot, the applicant must demonstrate that the parcel can accommodate a home, well, and two drainfield sites which meet ordinance requirements. In April of 1994, the City changed the setback requirement for septic system drainfields from 150 feet from a wetland to 75 feet. A survey prepared for the site demonstrates that there is adequate room for a home, well, and primary and alternate drainfield Timberwood Estates 2nd Addition December 11, 1995 January 11, 1996 Page 3 sites on the property. Staff recommends approval of the final plat as the applicant has demonstrated that the lot is buildable based on current ordinance requirements. No variances are being requested. Final plats are generally treated as a consent item on the City Council agenda. Due to the amount of time between preliminary plat approval and the final platting of Outlot C, staff placed this item under New Business on the Council agenda and notified property owners within five hundred (500) feet. BACKGROUND Timberwood Estates, Subdivision #86 -27, was approved by the City Council on October 19, 1987. Outlot C was platted as an outlot because the city did not believe it could meet ordinance requirements concerning wetland setbacks and was therefore considered unbuildable. However, the Council indicated that if the applicant could demonstrate it was buildable without a variance, the city would reconsider its position. Condition four of preliminary plat approval for Timberwood Subdivision stated, "Lots 6 and 7, Block 2 (recorded as Outlot C) shall be deemed as an outlot and unbuildable, or shall be combined with adjacent lots unless and until city staff is satisfied that they are buildable." At the time of preliminary and final plat approval, the setback for a drainfield from a wetland was one hundred and fifty (150) feet. On April 25, 1994, the City Council amended section 20 -405 to - read, "Septic and soil absorption systems must be setback a minimum of seventy -five (75) feet from the ordinary high water mark of the wetland." STREETS /ACCESS Access to the site will be provided via Timberwood Drive. Timberwood Drive is built to rural street standards (24 -foot bituminous /6 foot gravel shoulders with ditch section). The future driveway will require a culvert. Access off Coulter Boulevard shall be prohibited. GRADING/DRAINAGE The proposed house pad is located in the southwest corner of the lot. Minimal site grading will be necessary to accommodate the future home and driveway. A detailed grading and erosion control plan shall be submitted to the City for review and approval prior to issuance of a building permit. A drainage easement originally covered a portion of the wetland located on Outlot C. As part of final plat approval, the applicant expanded the drainage easement to cover the entire wetland. J Timberwood Estates 2nd Addition December 11, 1995 January 11, 1996 Page 4 ON -SITE SEWAGE DISPOSAL City staff made several on -site inspections of the property to determine the suitability of the site for septic system purposes. The primary site was evaluated and found to be acceptable. An alternate site is proposed on the north end of the property. The staked area as shown on the survey encroaches into the required wetland setback; however, the area staked is well in excess of the area needed to construct a system for the proposed dwelling. A six bedroom dwelling is assumed to use 900 gallons of water per day. The soils at the proposed f alternate ISTS (individual sewage treatment system) site would require a maximum area of 4,200 square feet (assuming a 45 -60 mpi percolation rate). There is approximately 5,300 square feet of area available that is not within the required setback from the wetland. Therefore, there is sufficient area to locate the alternate site outside the wetland setback. Staff recommends that the ISTS site be re- staked and shown outside the required setback prior to recording the final plat. WETLAND ' The wetland is included in the National Wetland Inventory and is identified on the city's official wetland classification map. The wetland is classified as Ag /urban by the city and is wetland type PEMCd (Cowardin), type 2 (Circular 39). The wetland edge was delineated by Peterson Environmental in the spring of 1995. This wetland is part of a larger wetland area that extends to the north and east from the site encompassing approximately 5.6 acres. Lots created after 12/14/92 shall have a buffer strip abutting the wetland. The buffer strip shall be 0 -20 feet wide with an average width of 10 feet. The lot shall be monumented at the southeast lot corner abutting the wetland. FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RR, Rural Residential Zoning District. The proposed lot is 5.0 acres which far exceeds the 2.5 acre minimum. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Timberwood Estates 2nd Addition , December 11, 1995 January 11, 1996 Page 5 Finding: The proposed subdivision is consistent with all applicable plans including the City's Comprehensive plan which shows this area guided for large lot residential. 3. 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; Finding: The proposed site is suitable for development subject to the conditions 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; Finding: The proposed subdivision is served by adequate urban infrastructure. Method of sewage disposal is on -site. Adequate drainfield sites are available on the property. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause environmental damage if the appropriate conditions are attached. , 6. The ro osed subdivision will not conflict with easements of record. p p 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 is provided with adequate urban infrastructure. I 1 Timberwood Estates 2nd Addition December 11, 1995 January 11, 1996 Page 6 RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The City Council approves the final plat of Outlot C (Subdivision 86 -27), into Lot 1, Block 1, Timberwood Estates 2nd Addition, subject to plans Received November 27, 1995, and the following conditions: 1. The proposed alternate ISTS site shall be shown outside the required setbacks prior to recording the final plat. Comment: This condition has been met. 2. Both ISTS sites should be roped and signed in accordance with City Policy #10 -1991. 3. Detailed grading, drainage, and erosion control plans shall be submitted to the City at the time of building permit application. 4. The proposed single - family residential development of 3.71 developable acres shall be responsible for water quantity and quality connection charges of $2,968.00. These fees will be due at time of final plat recording. 5. Full park and trail fees shall be paid at the time of building permit approval in the amount in force at the time of building permit application. 6. Access shall be provided via Timberwood Drive only. Access onto Coulter Boulevard shall be prohibited. 7. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. ' 8. The wetland edge must be included on the plat. 9. The future home shall be located in a manner consistent with the proposed house pad as shown on the survey submitted by Demars & Gabriel stamped Received January 8, 1996. A sixty (60) foot minimum setback from the west property line shall be maintained for all principal and accessory structures." Timberwood Estates 2nd Addition ' December 11, 1995 January 11, 1996 ' Page 7 ATTACHMENTS I 1. City Council Minutes dated December 11, 1995 2. Memo from Steve Kirchman, Building Official dated January 3, 1996 3. Memo from Steve Kirchman, Building Official dated December 6, 1995 4. Memo from Dave Hempel, Assistant City Engineer dated December 5, 1995 5. Letter to Wallace Otto dated July 7, 1987 6. Letter from Swedlund Septic Service dated November 7, 1995 7. Development Review Application dated November 9, 1995 8. Notice to Timberwood Residents dated December 5, 1995 , 1 L I City Council Meeting - December 11, 1995 t 1 t 1 25. No big box users shall be permitted within the development. 26. The Lake Drive East intersection issue will be left open for the city engineering department to provide input and approval. All voted in favor and the motion carved unanimously. REQUEST FOR FINAL PLAT OF OUTLOT C, T OERWOOD ESTATES INTO LOT 1, BLOCK 1, TIMBERWOOD ESTATES 2ND ADDMON, LOCATED ON TMERWOOD DRIVE, WALLACE OTTO AND KIAMERLY HARTUNG. Public Present: Name Address Curt Olsen 2260 Timberwood Drive Greg Maanum 8040 Acorn Lane Maxine & Wallace Otto 400 So. Oak, Waconia Brian Klingelhutz 8860 County Road 10, Waconia Bruce Johnson 2051 Oakwood Ridge John Rask: Thank you Mr. Mayor, members of the Council. The applicants are proposing to plat Outlot C into one lot. In 1987 when the preliminary plat for Timberwood Estates was approved, the City Council at the time indicated that the lot could be built upon in the future if the applicant could demonstrate that it was a buildable lot. In order to be considered a buildable lot the applicant must demonstrate that the parcel can accommodate a home, well and two drainfield sites for septic system. In April of '94 the city changed the wetland setback for a drainfield site from a wetland from 150 to 75 feet. This greatly increased the amount of area available for septic purposes. A survey has been prepared for the site which demonstrates that there is adequate room for the necessary improvements. Staff is recommending approval of the final plat as the applicant has demonstrated that the lot is buildable based on ordinance requirements. No variances are being requested. Just to clarify one issue. Staff has requested an ultimate drainfield site located on the northern end of the lot be adjusted to be pulled outside of the wetland setback so that it does meet the 75 foot setback. There's more than enough room within that area currently to accommodate this and to accommodate a drainfield site. With that I'd be happy to answer any questions that you may have. Mayor Chmiel: Any questions? Colleen. Councilwoman Dockendorf: I have a question, probably more so for Charles. I don't understand how this secondary site could work with it so far removed from the residence. With a lot of money and a string and prayer or what? Charles Folch: I guess... Councilwoman Dockendorf: So you have determined it is a feasible site? John Rask: That is something that is addressed through our building department. Steve Kirchman, the building official is the one who approves septic sites and installation of the system. And he has reviewed this. Has been 15 1 City Council Meeting - December 11, 1995 , out on the site. That northerly site did, or the soils were good for a conventional , ground system which would work fine there. There is some elevation changes so it type pressurized. lin- Councilwoman Dockendorf: Yeah, would this need a lift station? John Rask: Yes. Councilwoman Dockendorf: And can you disturb a wetland area to provide the? John Rask: The forcemain is exempt from the wetland requirement so that could either, if you look carefully at the plat, they do show the forcemain coming up around the wetland. It's not to disturb it. It would encroach slightly into the setback but again, that is exempt from that setback requirement. It's about a 4 inch PVC pipe that would be pressurized to get it back up slope there. Mayor Chmiel: Any other questions? , Councilman Senn: Is there any reason why, from our perspective, except that we're going to build everything else. The house is being located where it is... John Rask: That was, the applicant, was the location that was chosen by the applicant. Basically the setbacks, the front yard setback and the setback from the wetland would make it difficult to really fit in anywhere else. We have talked about the possibility with the applicant of moving the house to the east, away from that existing house that's there. More from an aesthetic standpoint trying to improve the overall appearance of the neighborhood. To maintain some of the open space there and the separation between structures. You would lower it in elevation slightly but the road kind of slopes down there too so you would be able to maintain adequate grades as far as locating a house there without disturbing the whole site too much. It's still accommodate a walkout style given it nicely on that, with the slope and topography there. Mayor Chmiel: What you're saying basically, it could be moved some. Also ,particular area, and I'm not sure exactly what the within the covenants within that of that as well? y consist of. Would that also have a direct bearing it on location John Rask: Possibly. I'm not real familiar with the covenants there either but I understand there are some architectural review standards for this subdivision that possibly could impact the location. I'm not, have not seen those covenants. Mayor Chmiel: Okay. Okay. I would like to open this up for discussion. Is the applicant here this evening? Is there anything that you'd like to address, other than what staff has already indicated? Applicant: No, I think he covered it. Mayor Chmiel: Alright. Okay, we'll open this up. Is there anyone who issue? Please come forward. State your name and your address and basicallyld like to address this particular (The recording of the public's statements were of poor quality and therefore portions could not be heard on the tape.) 16 1 1 Ll t F1 1 City Council Meeting - December 11, 1995 Curt Olson: ...I very much object to how this is laid out and would very much like to have this matter tabled until we can get together with the homeowners association. They've not been contacted at all up to this point, along with the city to find a way to really make this thing work properly. Mayor Chmiel: Thank you. Is there anyone else? Brian Klingelhutz: ...I built real close to the property line and for some unknown reason I contacted the neighbor first and he was going to build way farther north ... I can see why Curt is a little bit upset because when he bought that lot he thought it was always going to be an outlot but the rules changed and that's why they couldn't make it a lot at the beginning because of the road. And then now the rules have changed and...I guess I can't see how it can be turned down. I talked to the builder who's going to buy the lot and we'll move it as far as ... John said, he said set the house in there somewhere where it fits. So we can ask them to put it there... That was a drawing just to have a house on that lot. We can put it anywhere within the setbacks so there is some room... Beautiful 5 acre lot and... Mayor Chmiel: Good, thanks Brian. Anyone else? Greg Maanum: Hello. My name is Greg Maanum. I live at 8040 Acorn Lane and I am somewhat ... I guess I support Curt's objections for a couple of reasons. Apparently if that's not the location of the house ... I guess I would support the objection... I built my house a couple years ago and ... and the way this house is proposed, it'd be pretty strange... Also, I'm very familiar with that lot. There's an extreme drop -off to the wetlands ... I understand rules change but I think my only objection... I guess I would support Curt's objection... Mayor Chmiel: Thanks. Wally Otto: Good evening. My name is Wally Otto and I was one of the original developers of the property. My partner has passed away since and this property was ... lines where it could'go. And the covenants that were put together, the covenants have no mention of where these buildings can set. The covenants just mention the fact that the city will affect the lot setback ... so any of the lot lines and lot setbacks, they were homes ... and within the confines of those lot lines we were restricted on some of our houses we could put in and we did... we've been limited on this lot so... Mayor Chmiel: Good. Thank you. Bruce Johnson: Mr. Mayor, Council. My name is Bruce Johnson. I live at 2051 Oakwood Ridge ... I am Co- Chair of the current... current architectural control committee. That is an elected committee by the homeowners of 5 residents within the subdivision... structures, landscaping... we've been in contact with all 5 and all 5 said that they would not approve the current location by where that is and everything else on the lot line and everything... Mr. Otto and I think Mr. Klingelhutz used to be members of that ... and why they would not talk to the committee before they proposed it concerns me a little because it does not fit the... Article 4, Section 2. The committee shall consist of three individuals whom so long as the developer owns a buildable lot, shall be appointed by the developer after which the committee shall be appointed by a majority of the lot owners... If this becomes a buildable lot, our homeowners provision becomes ... and they can do what they want to do. That is not something that we realized until about 6:00 tonight. That is something that really concerns us greatly. We were prepared to ask this for tabling of this issue until we could sit down with the developer and find a decent site... That is still some middle ground that I think we need to explore. However when I see this Section 17 City Council Meeting - December 11, 1995 2, I become greatly concerned that depending on when the actual transfer of the property takes place ... so with that I would be happy to answer any questions. Mayor Chmiel: Good, thank you. Roger. What's the city's legal position on this if we were to move ahead. It appears as though the proposed owner of the property to build would have some ... but where does this leave us as a city? Roger Knutson: ...practical matter, what normally has to happen to build... Second, you have a homeowners association covenants. You have to satisfy both of those as far as... Mayor Chmiel: Okay. Good. Thank you Roger Knutson: I thought I had... willingness to resolve this issue... moving the home as far east, or... Wally Otto: I can understand the concerns of the people that live out there but I can speak only for myself. I have no intention of getting back on the architectural control committee. I do not live in the project and I think those people should have the determination of what takes place there. Currently you do not have a buildable lot, is that correct? Right now we don't. Kate Aanenson: Right. Wally Otto: So if it hasn't anything in there... they don't have to feel threatened on that. They're still going to be contacted but their comments... more on the structure of the home than the location because it was determined by the city as to where they could go with that so the original intent in there was not to get the building location since that was going to be handled by the Planning Commission here and the City Council had the final approval... getting back on this committee, that is not the plan... I guess we just ask to resolve the situation and move... Mayor Chmiel: Okay, thank you. Is there anyone else? If not, we'll bring it back to Council. Mark. Councilman Senn: Well, I don't know ... in the first place. I just have a real hard time looking... that alters it's septic sites. I mean I know ... but you also have to start ... I don't see how it could ever be practical... There's not a great deal of discussion in here so it's kind of hard ... one way or the other. If something would go ahead on this lot, from looking at ... but at this point I guess I would really have questions as to the validity of the alternate site... Mayor Chmiel: Okay. Mike. Councilman Mason: Well, we have building officials to inform Council of whether things are appropriate or not. I have before me a recommendation by a building official that says it can be done. Well as I certainly don't disagree it would sound pretty impractical to meet, anyone that wanted to build on that would be held to that. I have heard people, the developer saying they're willing to move the home over as far as they can and certainly I'm aware of what our attorney said about we're limited as to what we can and can't do. They're following the guidelines. I'm hoping that house can get moved over to, away from the other homes as far as possible but that's, I would hope that's between the developers and the people that live there and I would hope that can get taken care of but I see no reason why we shouldn't, you know whether I like where that house is going in or not, legally I don't see that we cannot approve this request. 18 ' City Council Meeting - December 11, 1995 Mayor Chmiel: Okay. Colleen. ' Councilwoman Dockendorf: Well, I'm trying to think of an instance, I think it was out on the south side of Lake Minnewashta, right across from the Arboretum where it was a judgment call of the Council—because the septic site was highly questionable... ' Councilman Mason: Was that that one under water? Councilwoman Dockendorf: Yeah, it was basically under water and we refused the platting but was that a 1 primary site? Charles Folch: No, it wasn't under water... ' Councilwoman Dockendorf: I thought it was too but in retrospect I think it was the primary site. You know, as much as I don't want to, I think we need to rely on Steve Kirchman's analysis... acceptable secondary site... The bigger issue is really, I think this is one of the instances where Council has some, not only responsibility but ' really has some ... insofar as we created the situation by changing the ordinance from 150 foot setback to 75 foot setback. I think people built, purchase and built surrounding this lot in good faith knowing that the lot was unbuildable and therefore I think we do have some responsibility to influence where, if anyplace, a home will ' go on this lot. You know as a matter of practicality, I'd really like to get it taken care of at the Council level so it doesn't have to be involved in any litigation or pitting neighbor against neighbor on that ... and I would really like to see a willingness on the part of the applicant, just to put some constraints about where the setbacks ' would be from the property line ... so if you would have some suggestions or some willingness to take a minimum setback on that western property line, I'd strongly ask for it ... so it doesn't have to ... get bogged down there. So as a condition of approval, if you would be amenable to saying, 150 foot setback from the western property line and I think the... ' Mayor Chmiel: Okay. Steve. I Councilman Berquist: Was that a question of the applicant? Councilwoman Dockendorf: Yes it was. Mayor Chmiel: We'll get back to that until we get your's. Wally Otto: I guess in answer to that... statement made earlier. We'll put it anyplace as long as it falls within ' the city guidelines... Councilman Berquist: The letter that Mr. Olson handed out, does this accurately, have you read it? Okay. I'm ' trusting that it accurately represents the Article 4 of the covenants. In the event that the change had not been made from 150 setback feet, what were your plans for the lot? You would have held onto it forever. It never would have been a buildable lot. ' Wally Otto: Originally the setbacks were 75 feet... Councilman Berquist: The 150 stipulation was in place all during the planning process for Timber%vood? ' 19 1 City Council Meeting - December 11, 1995 Wally Otto: No. It was 75... Brian Klingelhutz' statement from the audience was not picked up by the tape. Councilman Berquist: So in other words, you guys started the planning process with a 75 foot setback in place? During the middle of the planning process the city arbitrarily changed the requirement from 75 to 150? Wally Otto: ...there were two septic sites located originally on this. One on the north side... Councilman Berquist: Maybe I'm getting fouled up on this. Okay. If I were the, and I know everybody understands because they were the adjoining neighbors, of the proximity of the proposed pad, they would be upset. I would certainly react the same way. Given the way this pad sits on the lot, according to your plat, your front yard becomes the side of his house and that would disturb me greatly if I were to own that lot. Yeah it meets the criteria of the ordinance. Sometimes when you look at it hard and fast like that, I'm not exactly sure where I'm going with this. It's frustrating sometimes not to be able to make an arbitrary decision. To have to make one based on fact. I really would like to be able to put something in the motion that will allow a setback from the property line. I'm not exactly sure how to word that but have staff to help us with that but I am unwilling I think to approve a change from an outlot to a buildable lot given the proximity of this house to the, to this pad of the adjoining structure. I'd like to see that addressed by the applicant prior to approval. A statement was made from the audience which was not heard on the tape. Councilman Berquist: Well, how difficult will it be to bring one back that shows how a house will fit there? The statement from the audience was not heard on the tape. Councilman Berquist: You've got a builder that's interested in the lot? The statement from the audience was not heard on the tape. Councilman Berquist: Great. He must have some idea of what he's going to do. The statement from the audience was not heard on the tape. Councilman Berquist: I understand that. What I'm saying is that, as a condition of approval I would like the setbacks to be addressed insofar as the take into consideration the adjoining property's structure. Wally Otto: Part of the original, and I... Councilwoman Dockendorf: Well I would make a motion to that affect, adding a condition number 9 that the. Mayor Chmiel: Prior to making that motion I. Councilwoman Dockendorf: Oh, I apologize Mr. Mayor. Sorry. Mayor Chmiel: I certainly appreciate that. One of the things that I see here is, as I mentioned to Mr. Olson, the fact that that property owner is the property owner for that particular lot. And as long as they conform 20 I 1 n �J J 0 1 I 1 1 t City Council Meeting - December 11, 1995 within the guidelines of whatever the city is, he has that opportunity to build and put that house wherever he so chooses. At least that's my position that I see. It's hard to, and I sympathize with the problems that are existing with the houses in and adjacent to each other, but I still the fact that if the applicant so chooses to move that structure to another location, as much as they possibly can to enhance their own view... So I think we can go back now to a motion. Councilwoman Dockendorf: I would move that we approve the final plat of Outlot C with adding condition number 9 that the house pad be placed the maximum to the east of the property line and still meeting the setback requirements and in addition, that it be faced, that it be oriented square with the road. I guess that's it. Mayor Chmiel: There's a motion on the floor. Is there a second? Bruce Johnson: May I ask ... motion? Is that... Mayor Chmiel: You're out of order. Bruce Johnson: Okay. Mayor Chmiel: Thank you. I'll bring it back. .I'm looking for a second. John Rask: Can I interject one comment? When we take that house and we square it up to the road, what we do is significantly change the way we have to grade the site. Right now it runs parallel to the slopes so if we do square it up, there's going to be these additional impacts on the site and we can minimize those as much as possible through some of our ordinances but it is going to have some other impacts out there. Just so you're aware of those consequences. Mayor Chmiel: Yeah. Councilman Senn: So you won't... Kate Aanenson: Well yeah, you're not going to be able to increase the... Mayor Chmiel: Okay. I think we're getting into a design stage more than what we basically should. Councilman Berquist: We're doing the job of the architectural board. Mayor Chmiel: Right. That's correct. And I think if we were to make a motion, I think we should make that motion as such as to what you basically started to approve it. But also to put another condition contained in there that the property owner would so choose to move the house farther to the east without incurring additional basic costs themselves as well. Councilwoman Dockendorf: Well I'm unwilling to go that far. I would amend my condition number 9 that the proposed housing pad be placed the maximum to the east on the property as allowable by the setbacks. Mayor Chmiel: That sounds good. Is there a second? 21 City Council Meeting - December 11, 1995 Councilman Berquist: I need to bring up one other issue before... The caveat that the gentleman in the back stated regarding the homeowners association becoming ... in the event that the owner, the original developer has one lot left concerns me. As much as Mr. Otto says that he doesn't want to, and I believe that he does not have any intention of becoming a homeowners association again, that caveat is still part of the by -laws. Councilwoman Dockendorf: I think it would be, the current committee has been operating defacto for 2 -3 years now. I think if it were challenged, it would be lost. I don't know Roger, if you want to give an opinion on that but. Roger Knutson: I have not read the covenants. I have not seen the covenants. I really can't comment on it. Councilman Berquist: Well I'll make a counter motion to table this thing and that gives the homeowners association, the owner /developer /realtor time to resolve the issues before us. I think if development is, it can be considered a ladder, we're at the second wrung. We're one wrung too soon, to me. So I'll move to table. Councilwoman Dockendorf: I'd withdraw my motion and second that. Mayor Chmiel: Okay. There is a motion on the table to table, with a second. And that's so the architectural committee can review their concerns as well as potentially the developer and proposed builder relocate that to the east as far as they possibly can. Is that what you're basically saying Steve? Councilman Berquist: Close enough. Mayor Chmiel: Okay. Motion on the floor with a second. Any other discussion? Seeing none, okay. Councilman Mason: Yeah. I quite honestly don't see any reason to table this. I don't think it is the city's purview to, as I believe our City Attorney has stated to get involved in what any, and I'm not just talking Timberwood Estates but I'm talking any development's covenants. I don't see why we, and I don't think we should be getting ourselves tied up in the covenants. It sounds to me like the developer was willing to move that, the house as far east as they could without incurring undue costs and I quite honestly don't see why we're dragging this out at all. Mayor Chmiel: Okay. We do have a motion on the floor with a second. Councilman Senn: Roger, is that something we can do or we can't do? Roger Knutson: Table it? Mayor Chmiel: Sure. Councilman Senn: On that premise. You're not just tabling it. You're tabling it on a premise Roger Knutson: It's not uncommon to table matters that you want further discussion with the neighborhood but if you're saying, can you table it and give the architectural review committee sort of veto what you do. No, you can't do that. But if you want further discussion with the neighborhood and allow some time for that to occur, you can do that if you like. But you can't delegate your decision making to a committee. If the architectural u I 22 1 City Council Meeting - December 11, 1995 committee likes it or doesn't like it, that really is not the basis for your decision. The basis of your decision making is your ordinance. Mayor Chmiel: We're on discussion on a vote. Councilman Mason: And I of course would argue, based on our ordinances we have no business tabling this tonight. Councilman Berquist: In the event that we can prevent enmity between homeowners, we have every reason to table it. Councilwoman Dockendorf: Yeah, and I think this is one of the instances where the city is part of the issue insofar as we did change the setback. Mayor Chmiel: And that was so directed, or is indicated too in discussions by the proposed. Okay. I'll call the question. Councilman Berquist moved, Councilwoman Dockendorf seconded to table action on the request for final plat of Outlot C, Timberwood Estates into Lot 1, Block 1, Timber wood Estates 2nd Addition for further review with the homeowners association, the applicants and the city. All voted in favor, except Councilman Mason who opposed, and the motion carried with a vote of 4 to 1. Mayor Chmiel: John, we'd like to have this brought back to Council on, how about January the 8th. January 8th. Thanks. CONSIDER APPROVAL OF PRIVATE REDEVELOPMENT AGREEMENT FOR CSM CORPORATION. Todd Gerhardt: Mr. Mayor, members of the Council. I handed out prior to tonight's meeting a letter from CSM Corporation requesting that the item be tabled so they can sit down with staff to discuss... Mayor Chmiel: Okay. Is that it? Todd Gerhardt: That's it. Staff has no problem with tabling it... Mayor Chmiel: Okay. Are there any concerns by Council in tabling this nest item? And that was your proposal? Todd Gerhardt: There's no rush. They're not building a building so we have time. Councilman Berquist: The market values, they're going to start questioning market values, minimums and? Todd Gerhardt: Yeah, they feel the market value is approximately $1.241.1 million instead of $4.4. Or $4.1 to $4.2 and we've got the $4.4 as a minor adjustment and staff would probably agree—in the private redevelopment agreement probably will be going down with less incentive back to them... We didn't hear any comments regarding value until 10:30 this morning and then calling me back at 5:30 requesting the tabling. Councilman Berquist: Once again, this is an EDA and not an HRA? 23 1 MEMORANDUM CITY OF CHAXHASSEmyv 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: John Rask, Planner I K FROM: Steve A. Kirchman, Building Official DATE: January 3, 1996 SUBJECT: 86 -27 SUB (Wallace Otto/Kimberly Hartung) The purpose of this memo is to supply additional inftisrmation on the two proposed Individual Sewage Treatment System (ISTS) sites on Outlot C, Timbewood Estates. Comments are based on the survey stamped, "CITY OF CHANHASSEN, RECE' ZVED, JAN 08 1996, CHANHASSEN AB . PLANNING DEPT. "W< Background: As I stated in my earlier memo, what is now Outlot C, Timberwood Estates was deemed unbuildable during the subdivision process in 1986 because the equired 150' wetland setback left insufficient area for the two required ISTS sites. The wetland setback `requirements have -since changed to 75'. The applicant has proposed two ISTS sites, one along the west property line and another along the north property line. Analysis: As you will recall f been determined to proposed altemate' sites have been evaluated and have ;sled about the buildability of the The alternate site is located within' 25 feet of a paved road ( Coulter Blvd.), and will be easier to access for construction than the primary site. Additionally; the soils s on the:, alternate site are acceptable for the construction of a conventional trench system. A trench system can be constructed to weave around trees, whereas the construction of a mound system invplve'V�removing all vegetation on the site. The cost of constructing a trench system is normally much less`'than the cost of a mound system. In this case, the trench system would need a pumping system and a force main which would increase its cost, but it will still be less costly than a mound system on the primary site. I have enclosed a letter from the system designer who is also an installer attesting to relative costs. The use of a alternate ISTS site as the primary site is an acceptable practice and may be desirable in this case. 1 Ll 1 i 1 1 1 1 1 1 1 1 1 1 1 1 John Rask January 3, 1996 Page 2 In conclusion, the proposed lot meets all City requirements for proposed sewage treatment availability, and either proposed ISTS site can be reasonably utilized. Recommendation: Staff recommends that the proposed ISTS sites be accepted with the following condition: 1. Both ISTS sites should be protected and signed in accordance with City Policy #10 -1991 prior to recording the final plat. enclosure: January 2, 1996 Swedlund Septic Service letter �safety\sak\memos\planViadung2 .doc Swedlund Septic Service Steve Kirchman City of Chanhassen P.O. Box 147 Chanhassen Mn. 55317 Re: Outlot C Timberwood We have determined the cost of installing the septic system at the above mentioned lot to be less for the secondary site (elevated trench system) verses the primary site (mound system) The cost of installin tha force main fo r the r nrh syst is minor compared to the mai -Pri al q ngedpr7 to nonsi-rurt a mound, My r7cr•; c; nn would he to use the trenr}h sysi a he pr;Mary diiP to 1eaG rust and riGihi1ity in the yard L Swedlund Septic Service • 9520 Laketown Road • Chaska, MN 55318 • 442 -5855 STATE CERTIFIED t CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: John Rask, Planner I / FROM: Steve A. Kirchman, Building Official Ck 1� DATE: December 6, 1995 SUBJECT: 86 -27 SUB (Wallace Otto/Kimberly Hartung) I was asked to review the subdivision proposal stamped "CITY OF CHANHASSEN, RECEIVED NOV 72 1995 CHANHASSEN PLANNING DEPT. " for the above referenced project. Background: What is now Outlot C, Timberwood Estates was deemed unbuildable during the subdivision process in 1986 because the required 150' wetland setback left insufficient area for the two required ISTS (individual sewage treatment system) sites. The wetland setback requirements have since changed to 75'. Analysis: The applicants originally proposed two ISTS sites along the west property line. A site inspection on 9/18/95 determined that the proposed sites likely encroached into the require setbacks. The applicant was directed to have the setbacks staked by a surveyor - pd" propose acceptable sites. A site inspection on 10/13/95 determined that the soils were suitable for" an "atterriate ISTS site as proposed along the north property line. Thi Wetland setback was ho"t`stake d in that"area'at the'time so the designey was directed to %��. stake the proposed site and have. the site added to the survey by the surveyor. The staked area as shown on the survey encroaches into the required wetland setback, however, the area staked is in excess of the area needed to construct a system for the proposed "dwelling: A six bedroom dwelling is assumed to use 900 gallons „of water per day. The soils at the proposed alternate ISTS site would require a maximum area of 420,0 f (Assuming a 45 -60 mpi percolation rate) for a dwelling of that size. There is 5300 -5400 sf of area available that is not within the required setbacks for the alternate ISTS site. The primary site was also evaluated and found to be acceptable. John Rask December 6, 1995 Page 2 Recommendation: Staff recommends that the proposed ISTS sites be accepted with the following conditions: 1. The proposed alternate ISTS site be shown outside the required setbacks prior to recording the plat. 2. Both ISTS sites should be roped and signed in accordance with City Policy #10 -1991 prior to recording the final plat. enclosure: City Policy #10 -1991 \ Safety\sak\memos\plan%,dung.doc i CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 INSPECTIONS DIVISION POLICY SEPTIC SYSTEMS The following items are Inspections Division policies in regard to septic systems within the City of Chanhassen. 1) Two sets of the design are required upon application for building permit. Design sites must be drawn to scale on registered survey. Designs must include the name, address, telephone number and certification number of the designer on the first page. Inspections Division Septic ' Policy #10 -1991 Date: 01/24/91 's PAP 04/28/92 PRINTED ON RECYCLED PAP Rage 1 of 2 2) Systems must be designed by a designer licensed in Carver ' County and must be approved * the Building Official prior to issuance of building or septic permits. 3) Support Staff is responsible for confirming current licensing ' of installer before issuing septic permit. Carver County license required. 4) The permittee must perform the actual installation of each septic system for which they were, ..issued a permit. 5) Primary and alternate septic sites must be individually protected. Protection must remain around alternate site during construction on primary site`. Protection must be re- ' erected on primary site daily. 6) Protection.must consist of one of thefollowing: ' a, snow fencing around entire perimeter of,:both sites with approved signs securely attached at 50' o.c. b. 42" high steel fence posts at 50' o.c. around entire perimeter of both sites with 2 horizontal rows of 1/4" synthetic rope attached to each fence post. Approved signs must be securely attached to ' ropes at 50' o. c. Inspections Division Septic ' Policy #10 -1991 Date: 01/24/91 's PAP 04/28/92 PRINTED ON RECYCLED PAP Rage 1 of 2 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: John Rask, Planner I FROM: Dave Hempel, Assistant City Engineer 304-- DATE: December 5, 1995 SUBJ: Outlot C - Timberwood Estates Replat Land Use Review File No. 95 -41 Upon review of the plat documents for Lot 1, Bkell, Timberwood Estates 2nd Addition, prepared by Demars- Gabriel Land Surveyors, Inc dated August 3, 1995, I offer the following t needed. need a driveway culvert when the is built to rural street standards section). lities from Coulter Boulevard is gAeng \dave\memos \timber.doc I _ CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 Mr. Wallace Otto 400 Oak Street Waconia, MN 55387 Dear Mr. Otto: This is to confirm that on July 6, 1987, the City Council approved the preliminary plat for the Timberwood Subdivision. The preliminary plat was approved with sixteen conditions: 1. All lots must have the two soil treatment sites staked and flagged. 2. Lots 10 and 11, Block 2 should share a driveway to preserve the septic sites. 3. Lots 21, Block 2 and Lot 14, Block 3 shall be combined with adjacent lots unless and until ci =y staff is satisfied that they are buildable. _ 4. Lots 6 and 7, Block 2 shall be deemed as an outlot and unbuildable or shall be combined with adjacent lots unless and until city staff is satisfied that they are buildable. July 7, 1987 5. The applicant shall provide a roadway easement for 150 ft. right -of -way centered on CR 117 (Galpin Blvd.) consistent ' with the Carver County Engineer's request. ' 6. The applicant shall provide a 60 ft. roadway easement from Timberwood Drive to the east property line of the plat located off of one of the cul -de -sacs from Timberwood Drive, preferrably Oakwood Ridge or Renaissance Court, for future connection to the east. 7. The city shall work with the applicant in acquiring addi- tional land for the city cemetery. 8. Outlots A and B shall be deemed unbuildable. 9. The applicant shall add erosion control fencing on the north side of Renaissance Court along the drainageway. L`1 July 7, 1987 Mr. Wallace Otto July 7, 1987 Page 2 10. The applicant shall comply with the recommendations of the Watershed District. 11. The applicant shall provide a phasing plan for incorporation into the development agreement. 12. The applicant shall enter into a development agreement and provide the City with necessary financial sureties to insure the proper installation of the improvements. 13. The applicant shall incorporate a final Grading and Erosion Control Plan into the construction documents. 14. The lot width variances are granted only because the appli- cant has provided covenants and restrictions which restrict these lots from ever being subdivided. i5. The applicant shall provide trail easements as required by the Parx and Recreation Commission along Timberwood Drive and County Road 117. 16. The name of the cul -de -sac Galpin Lane shall be changed. The City Council also approved the Wetland Alteration permit with the condition that all septic systems shall meet the 150 ft. wetland setback. You may now apply for final plat approval. Should you have any questions, feel free to call me. Sincerely, Jo Ann Olsen Assistant City Planner JO:k Swedlund Septic Service City of Chanhassen Attn: John Rask P.O. BOX 147 Chanhassen, Mn. 55317 Re: Outlot C - Septic Site This letter is to verify that there is enough area on the northerly site of Outlot C to con- struct septic sites and still maintain the 75' sethank ra muired from the wetland area. z - -- - Swedlund Septic Service • 9520 Laketown Road • Chaska, MN 55318 • 442 -5855 r S TAT E C ERTIFIEll Jeff Swedlund CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937.1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: ri( �/L�,t OWNER: ADDRESS: 1 4 00 So � • ADDRESS: ;t-e - K.-,, -t;_ L� , br. ALt N ytJ kT ° l 5757/ .L ( 6 /3- )C:.3i - . 3 i S - 7 TELEPHONE (flay time) 44, - 2 C'k TELEPHONE: 1. Comprehensive Plan Amendment 11. Vacation of ROW /Easements 2. Conditional Use Permit 12. Variance 3. Interim Use Permit 13. Wetland Alteration Permit 4. Non - conforming Use Permit 14. Zoning Appeal 5. Planned Unit Development 15. Zoning Ordinance Amendment 6. Rezoning 7. Sign Permits S. Sign Pian Review Notification Signs 9. Site Plan Review X Escrow for Filing Fees /Attorney Cost " ($50 CUP /SPRNACNAR/WAP /Metes and Bounds, $400 Minor SUB) 10. Subdivision C_') TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must Included with the application. RECEIVED Twenty -six full size folded copies of the plans must be submitted NOV 13 1995 0 1 1 h n 8 X 11" Reduced copy of transparency for each plan sheet. CITY OF CHANHASSEN NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. " Escrow will be required for other applications through the development contract I ' PROJECT NAME LOCATION ' LEGAL DESCRIPTION PRESENT ZONING I REQUESTED ZONING PRESENT LAND USE DESIGNATION ' REQUESTED LAND USE DESIGNATION I REASON FOR THIS REQUEST ' 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. ' 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. cy --d � Si of App scant ' Signature of Fee Owner I Application Received on Fee Paid Date / Date Receipt No. G The 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. 1 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 December 5, 1995 Dear Timberwood Resident: Mitchel & Mary Krause 2380 Timberwood Dr. Chanhassen, MN 55317 Layton & Linda Zellman 12290 Timberwood Dr. hanhassen, MN 55317 k ark Foster & Karen Olsson W020 Acorn Lane SChanhassen, MN 55317 L chard & Patricia Folz Czech 8011 Acorn Lane f hanhassen, MN 55317 L 0 va Bruce & Kristina Johnson 51 Oakwood Ridge Chanhassen, MN 55317 drew & Susan Richardson 120 Pinewood Circle hanhassen, MN 55317 k illiam. & Lana Miller 121 Pinewood Circle F-hanhassen, MN 55317 C raig & Mary Harrington 8140 Maplewood Terrace F hanhassen, MN 55317 t0 ennis & Jean Rollins 81 Timberwood Drive hanhassen, MN 55317 James & Linda Leirdahl 2350 Timberwood Dr. Chanhassen, MN 55317 Curtis & Janice Olson 2260 Timberwood Dr. Chanhassen, MN 55317 Richard & Mary Frasch 8000 Acorn Lane Chanhassen, MN 55317 Steven & Sharon Olson 10809 Washburn Ave. S. Blaine, MN 55431 Gregory & Julie Maanum 3100 Timberood Dr. Chanhassen, MN 55317 David Gestach 8001 Acorn Lane Chanhassen, MN 55317 Stephen McCurry & Bridget Haefner Stacey Rickert & Michelle Rheault 16780 North Manor Road 2040 Oakwood Ridge Eden Prairie, MN 55346 Chanhassen, MN 55317 James & Colleen Dockendorf 2061 Oakwood Ridge Chanhassen, MN 55317 Curtis & Jean Beuning 2381 Timberwood Dr. Chanhassen, MN 55317 Mark & Nancy Bielski 8140 Pinewood Circle Chanhassen, MN 55317 James & Bonita Roeder 8101 Pinewood Circle Chanhassen, MN 55317 Gregory & Beverly Vandervorste 8141 Maplewood Terrace Chanhassen, MN 55317 Jeffrey & Joan Padmos Heinz 2071 Timberwood Drive Chanhassen, MN 55317 Richard & Elizabeth Nye Larson 8141 Pinewood Circle Chanhassen, MN 55317 Gregory & Jill Perrill 2101 Timberwood Dr. Chanhassen, MN 55317 Gregory & Julie Sorenson 8121 Maplewood Terrace Chanhassen, MN 55317