3.5a. North Bay 2nd Addition: Rezoning and Final Plat.1
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CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
N.117 MORANDUM
TO: Don Ashworth, City Manager
FROM: Bob Generous, Senior Planner
DATE: April 17, 1996
SUBJ: North Bay 2nd Addition Final Plat, and Second Reading of Rezoning
from R12 to PUD -R, PUD # 95 -1
BACKGROUND
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 Lake Riley
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 Residental,,to PUD, Planned Unit Development (first reading); preliminary
plat to subdivide 52.1 acre# "into,_78 "lots, 4 outlots and associated,. site plan
review for 76 single family detached „zero -lot line homes on 19 95 acres; a variance for
.u.....
wetland setbacks f6 Lots, 12 - 16, Block 1 and Lots 16 - 10,13166k"2 to permit llie louse
placement as shown on the plans; and a wetland alteration permit.
On June 26, 1995, the City Council granted conceptual approval for the North Bay
Planned Unit Development subject to revisionsto the plat that were incorporated in the
preliminary plat. ”
The City Council granted preliminary approval of the PUD subject to the following
conditions:
Don Ashworth
April 17, 1996
North Bay 2nd Final Plat, PUD #95 -1
Page 2
1. A ten foot clear space must be maintained around fire hydrants, i.e., street lamps,
treys, shrubs, bushes, NSP, NW Bell, cable television, transformcc r 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.
3. 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.
8. 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
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.
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Don Ashworth
' April 17, 1996
North Bay 2nd Final Plat, PUD #95 -1
Page 3
' 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
t accepting the utilities and will charge the applicant $20 per sign.
12. The a,�piicant shall provide detailed storm sewer calculations for 10 -year and 100 -
year storm events and :,,�_ovide ponding calculations for -,tormwater
quality /quantity ponds in accordance with the City's SurG.ce 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
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Minnesota Department of Transportation and comply with their conditions of
approval.
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.
Don Ashworth
April 17, 1996
North Bay 2nd Final Plat PUD #95 -1
Page 4
19. The proposed stomravater pond must haw ;` , 1' slop, s 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
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.
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Don Ashworth
April 17, 1996
North Bay 2nd Final Plat, PUD #95 -1
Page 5
26. The construction plans shall be revised to include the following changes:
a. Delete grading of the channel through Wetland Basin A.
b, Prjv_`_de outlet c ontn -)J n :.� from the propos -, ,d z7fin _.:: rth of Lyma_r_.
Bouievarc .'o the wetiaad iniv.::gation area adjacent to Ly n�,n 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.
e. 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.
j. 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.
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 17, 1996
North Bay 2nd Final Plat, PUD #95 -1
Page 6
28. The applicant shall provide a temporary barricade at the end of Lake Riley Road
East and include a sign indicating that " "phis sti 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 sha " Je restricted to one side of North Bay Drive and Lake Riley Road.
The applicano may choose which side of the street to restrict Barking. 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 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.
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Don Ashworth
' April 17, 1996
North Bay 2nd Final Plat, PUD 495 -1
Page 7
' 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 propo al for Lake Riley Road East.
City Council dismission regarding conditions r;`31 and ,f 32 be resolved bLfore 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.
1 FINAL PLAT
' PROPOSAL SUMMARY
At this time, the applicant is requesting final plat approval to create 47 lots and three
' outlots of previous Outlots D and E, North Bay.
At the time the applicant platted North Bay, only the right -of -way and outlots were
created. When the outlots are brought in for final platting, the conditions of preliminary
plat approval are reviewed and if necessary, incorporated into a development contract for
the project.
Staff is recommending approval of the final plat of the Second Addition subject to the
conditions of this staff report as well as the second and final reading of the rezoning of
' the property from R12, High Density Residential, to PUD -R, Planned Unit Development
- Residential.
I PARKS & RECREATION
The City of Chanhassen is requiring 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 parkland dedication requirement for 68
persons. Dividing 68 by 3 persons per dwelling results in the credit of 23 dwellings. Full
trail fees will be required of the development.
Don Ashworth
April 17, 1996
North Bay 2nd 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
requiret:.ents. It should be noted that city code requires that evergreens average seven
feet with a minimum height of six feet. The applicant is prc�posing an extensive
landscape buffer between this development and the property to the east.
Staff has the following recommendations regarding the landscaping plan:
provide upland and wetland plants to naturally blend the pond into the
surroundings
provide evergreen screening from automobile headlights for Lots 6, 7, and 20,
Block 1
revise plant schedule to denote 7 foot size conifers
SURFACE WATER MANAGEMENT
City staff has been working 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.
WETLANDS
A permit to excavate wetlands was required by the U.S. Army Corps of Engineers. The
permit has been obtained by the developer and requires a minimum mitigation ratio of
1:1. The Wetland Conservation Act, on the other hand, requires 2:1 mitigation for filling
or draining a wetland. Thorough analysis of the site has reduced the wetland fill to a
minimum. The City's approved SWMP actually called for the wetland to be used as a
water quality pond since it is classified as an ag /urban wetland. The wetland on site has
been excavated in the past and the proposed pond would be an extension of past
excavation with an attempt to protect both the ag /urban wetland and the natural wetland
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Don Ashworth
April 17, 1996
North Bay 2nd Final Plat, PUD #95 -1
Page 9
on the west side of the farm road. It is because of these circumstances that city staff is
recommending that some of the City's wetland credits be used to fulfill mitigation
required by the Wetland Conservation Act. The City has been developing a wetland bank
and believes this is a good situation to make use of the bank by excavating into the v,
for the necessary water quality t-1 "Z 1,1nent.
Tsie y staff has reviewed plans and specifications for this - —osed development and has
found that the documents are in general conformance with City standards.
GRADING & DRAINAGE
' The entire site is proposed to be graded with this phase. A temporary sediment basin will
b-c constructed as a part of the ;nitial site grading to help minimize sediments from washing
into the wetland. An erosion control plan has been developed in accordance to the City's
Best Management Practices Handbook.
' 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.
Wetland buffer areas are shown on the grading plan adjacent to the wetlands. The buffer
strips range between 0 and 20 feet and average 10 feet wide in accordance with the city
ordinance. Plans propose a storm sewer system designed in accordance to staff to convey
stormwater runoff to a proposed stormwater pond for pretreatment prior to discharging into
the wetlands. The applicant has received credits against their SWMP fees for providing
oversized ponds and storm sewers in accordance to SWMP methodologies. Staff has
calculated the applicant's SWMP water quality and quantity fees. The City will owe the
developer $1,684.00 as a result of the improvements. This credit has been applied to the
applicant's administration fees.
STREETS
The applicant has submitted detailed street construction plans and specifications to staff for
review and formal approval by the City Council. Staff finds the plans and specifications in
conformance with City standards and therefore recommends approval. Construction plans
and specifications are also on the City Council's agenda for formal approval in conjunction
with this final plat consideration.
Don Ashworth
April 17, 1996
North Bay 2nd Final Plat, PUD #95 -1
Page 10
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
neighborhood. Lake Riley Road East will become a temporary deadend street in excess of
1,000 feet from the intersection of Lyman Boulevard. At the end of Lake Riley Road East,
barricades will be installed indicating that this street will be extended in the future.
Eventually, Lake Riley Road East will be extended westerly to tie back into Lyman
Boulevard which will eliminate the long deadend scenario. A condition has been placed in
the development contract indicating Lake Riley Road East will be extended in the future.
Only a portion of the private street (North Bay Drive) will be constructed with this phase.
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 Lake Riley
Road East. The applicant may choose which side of the street to restrict parking.
Plans p_n pose on a 5 -foot wide concrete sidewalk to be installed along the south side of
Lake Riley 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
Detailed construction plans and specifications for the utilities have been submitted for staff
review and City Council approval. Staff finds the construction plans and specifications in
general conformance with the City's standards. The construction plans and specifications
are also on the City Council's agenda for formal approval in conjunction with the final plat
approval.
The applicant will be constructing a portion of the City's trunk water system in conjunction
with the development. Staff believes the applicant should be compensated for the
oversizing and extra depth cost associated with constructing the 12 -inch trunk water line.
Staff will be working with the applicant to reach an agreement for installing the trunk water
line.
Staff has also prepared a development contract/PUD agreement for the applicant to enter
into with the City to guarantee installation of the public improvements and compliance with
the conditions of approval for final plat. This document is also on the City Council agenda
for approval.
REVIEW OF CONDITIONS OF APPROVAL
Staff has reviewed the conditions of approval and made a determination of the compliance with
the conditions.
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Don Ashworth
April 17, 1996
North Bay 2nd Final Plat, PUD #95 -1
Page 11
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 conditioE, iii3_ appiies.
' 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.
' 3. 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.
* This condition still applies, but shall be modified to specify Lots 6, 7, and 20,
Block 1 and revise plant schedule to denote 7 foot size conifers. The third and
fourth items have been addressed as part of the revised landscaping plan and
may be deleted.
' 4. The applicant shall provide financial guarantees to the city to assure satisfactory
installation of the landscaping.
' * This condition still applies.
' S. 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.
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Don Ashworth
April 17, 1996
North Bay 2nd Final Plat, PIED #95 -1
Page 12
7. Change proposed Lake Riley Road to Lake Miley Road East.
* This condition has been met.
Obtain a building permit for retaining walls e'Xceeding four feet in height before
beginning their construction.
* This condition still applies.
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
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
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.
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Don Ashworth
April 17, 1996
North Bay 2nd Final Plat, PUD #95 -1
Page 13
* This condition has been met.
13. The applicant shall enter into a PUD /development agreement with ehe City and
pry it ,; the necessary financial secufity to guarantee complianc>> - 7,iith the terms of
the '. ,!D /development agreement.
* This condition still applies.
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
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 still applies.
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.
Dori Ashworth
April 17, 1996
North Bay 2nd Final Plat, P1JD 495 -1
Page 14
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 still applies.
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.
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 still applies.
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 partially completed and the first sentence may be
deleted. The remainder is still applicable.
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
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Don Ashworth
' April 17, 1996
North Bay 2nd Final Plat, PUD #95 -1
Page 15
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 has been _+
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.
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.
'
e. 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.
I h. Prohibit parking on one side of all streets.
Don Ashworth
April 17, 1996
North Bay 2nd Final Plat, PUD #95 -1
Page 16
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 adjacE,nt
to a stormwater pond or wetland.
k. Use City standard detail plates.
Provide utility stub to vacant parcel which lies south of the apartments.
* This condition has been met.
27. The applicaw -,_kiall obtain and cofn—,. to the City at no cost a stree�, 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.
* This condition still applies.
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. The first sentence is still applicable.
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.
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
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Don Ashworth
' April 17, 1996
North Bay 2nd Final Plat, PUD #95 -1
Page 17
' 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 9a _I fees per city ordinance.
* This condition shall be modified due to the requirement of condition number 32
' for park dedication. The revised condition shall read: "Payment of partial (24
of 47 dwellings) park fees and full trail fees per city ordinance."
' 32. Dedication of Outlot C for park purposes. This dedication to be a condition of the
granti;, , of planned unit development status.
' * Outlot C, North Bay, contains 0.9 acres of "non wetland" property. This
dedication fulfills the City's parkland dedication requirement for 68 persons.
' Dividing 68 by 3 persons per dwelling results in the credit of 23 dwellings.
This condition still applies but shall be modified as follows: "Dedication of
Outlot C, North Bay, by fee title for public purpose. In consideration for the
' dedication, the applicant shall be granted park fee credit for 23 dwellings
($25,300.00).
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.
* 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 still applies.
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.
Don Ashworth
April 17, 1996
North Bay 2nd Final Plat, PUD #95 -1
Page 18
* This condition still applies but shall be modified to state:
No improvements to Outlots B and F, North Bay 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 Ji.,ots 32 and 56, Block 1,
to encourag,: 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 re °�d:
"Minimum building setback from the east, west and south project '�`_
shall be 30 feet. The minimum building setback from the north project
boundary is 50 feet. Front yard setbacks along Lake Riley Road East are 20
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.
AFFORDABLE HOUSING
City Council directed staff to work with the applicant on determining the pros and cons, as well as
feasibility, of developing an arrangement for the, provision of affordable housing units within the
development. Attached is a memorandum from the city's consultant regarding a feasible option for
the provision of affordable housing units within the North Bay development.
In discussions with the developer, a consensus was reached that it is possible to create affordable
housing using the Village Homes, which are the 48 smaller units in the northern portion of the
project fronting on North Bay Drive, with funding assistance from the city.
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Don Ashworth
April 17, 1996
North Bay 2nd Final Plat, PUD 495 -1
Page 19
The most frequently used source of assistance to developers is tax increment financing (TIF). The
most logical choice for the type of TIF is a housing district. A housing district requires that 80
percent of the units in the district meet affordability criteria, below $115,000. In order to meet
criteria for first - tim° hnr ?e buyer pzc�?_ .nits must be priced below $95,000. A housing district
has a maximum years.
Staff is recorrl_r_1n:aiag the or-- Lion of a Tax Incr€;,.r�„nt Financing 1rousing District to provide
affordable housing within the development. Based on preliminary calculations, we anticipate that
60 units would be included in the TIF to provide 48 affordable units. Staff is further
recommending that 24 of the units meet the criteria for the first time home buyer program. Based
on preliminary analysis and subject to further negotiation, the total subsidy would be $960,000.
The assistance would be payable over 20 years of increment assuming 9 percent interest rate.
' Typically, a TIF is a pay -as- you -go method of financing with interest, rather than up -front
assistance. Rottlund Homes has indicated that they would be unable to carry more than 30 to 50
percent of the assistance through a pay -as- you -go. Rottlund's alternative would be to have the city
' pay $350,000 in trunk and lateral assessments with increment, representing approximately 40
percent of the assistance.
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Staff is requesting that the City Council direct staff how it is to proceed from this point. The
following question needs to be answered before we can proceed:
Does the city want to create a Tax Increment Financing Housing District to provide affordable
housing within the North Bay Development?
If yes, the following policy issues must be addressed:
Number of units to be under $115,000 and $95,000 and therefore the term of the district and the
amount of subsidy.
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
"The City Council approves PUD #95 -1 rezoning the property from R12 to PUD -R and granting
Final Plat approval for North Bay 2nd Addition creating 47 lots and Outlot A, Outlot B, and Outlot
C (plans prepared by Pioneer Engineering, dated stamped received April 5, 1996) subject to the
following conditions:
Don Ashworth
April 17, 1996
North Bay 2nd Final Plat PUD #95 -1
Page 20
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 ensure that fire hydrants can be quickly located and safely operated by fire
fighters. Pursuant to Chanhassen City Ordinance #9 -1.
2. Pe-vise the landscaping plan to provide upland and wetland plants to naturally
blend the pond into the surroundings; provide evc - green screening from
automobile headlights for Lots 6, 7 and 20, Block 1, and revise plant schedule to
denote 7 foot size conifers.
3. The applicant shall provide financial guarantees to the city to assure satisfactory
installation of the landscaping.
4. Submit soils report with lot by lot tabulations to the Inspections Division. This
should be done prior to issuance of any building permits.
5. Obtain a building permit for retaining walls exceeding four feet in height before
beginning their construction.
6. 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.
7. 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.
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.
9. 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 17, 1996
North Bay 2nd Final Plat, PUD #95 -1
Page 21
10. 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.
11. The proposed stormwater pond must have side slopes of 10:' or the first ter. f° ,,t
at the normal water level and no more than 3:1 thereafter = ::'_ zhrcughn. lL _ 7;
safety purposes. A landscape plan providing uplas d and wetland plants
naturally blend the pond into the surroundings is recommended.
12. 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.
13. 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.
14. 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.
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15. 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.
16. 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.
17. 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."
18. 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.
Don Ashworth
April 17, 1996
North Bay 2nd Final Plat, PUD 495 -1
Page 22
19. 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. cuff and the applicaiyt will work rn developer g - �;vised langaage for
this condition that conveys the intent of the condition.
20. Payment of partial (24 of 47 dwellings) park fees and full trail fees per city
ordinance.
21. Dedication of Outlot C, North Bay, by fee title for public purpose. In
consideration for the dedication, the applicant shall be granted park fee credit for
23 dwellings ($25,300.00).
22. 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.
23. 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.
24. No improvements to Outlots B and F, North Bay will be permitted until a
conditional use permit for a beachlot is approved by the city.
25. Minimum building setback from the east, west and south project boundary shall
be 30 feet. The minimum building setback from the north project boundary is 50
feet. Front yard setbacks along Lake Riley Road East are 20 feet.
26. The applicant shall provide cross - access and maintenance agreements in favor of all
the lots adjacent to North Bay Drive."
Attachments:
1. Memo from Ehlers and Associates, Inc. dated April 17, 1996
2. Ordinance amendment rezoning property.
3. North Bay 2nd Addition Final Plat
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RPR 17 '96 04:5)5P[l EHLERS 81. R'SC)CIRTES
n
Ehlers a nd Associates. Inc.
' L£AD£RS IN PUBLIC FINANCE
' April 1.7, 1996
' TO: Todd Gerhardt, City of Chanhassen
Bob Generous, City of Chanhassen
FR: Sid 1ir�1o.�
Mark Ruff
RE: Rottlund Homes Affordable )`lousing Proposal
P. 2 4
' Backgi-ound
It is our understanding that Rottlund is proposing to construct 76 owner - occupied t_)wnnhomes io a
development kr!o as the North Bay. Of the 7, unit.^. - : .�tent.ially up to 48 tf)vv nhcmes could be priced
' at or below $115,000 which would meet the Metropolitan Council's Livable Communities program goal
for affordable single family homes. A, proportion of the 44 may also be priced at $95,0(10 or less which
would make the units eligible for Minnesota housing Financing Agency's (MHF.A) first -time homebuyer
' program.
Rottlund has agreed to price the units at this level if the developer's return in investment meets its
t traditional levels of acceptability. The City has requested that we evaluate potential sources of funding
for the project, to evaluate the amount of assistance which Rottlund requires to price thi; units at less than
$115,000, and to suggest advantages and disadvantages of the delivery of the assistance and the
' maintenance of the affordability of the units over time. Please note that the numbers which we will be
using are esti wites only and that the amounts of assistance are subject to further negotiation.
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Sources of Funding
The most frequently used source of assistance to developers for this type of development is tax increment
financing. The most reasonable choice for the type of tax increment district would be a housing district_.
A housing district requires that $0 of the units in a district meet affordability criteria. For initial
occupancy only, a home must be occupied by persons with a median income of less than 100 ° %o for
families of l or two persons or 115% for families of 3 or more. In Chanhassen, the income levels would
be $54,600 at 100% and $62,790 at 115 %.
Rottlund would need to verify the income levels to the City to ensure compliance. For families of 3 or
?
At least 95 1 b of the single family units receiving assistance in a housing district must meet affordability
_uidelines. In addition, 20% of the market value in, a housing district can be non - affordable housing uses.
i1erefore, to minimize the duration of the tax increment district, units which are more than $115,000 in value
could be included in the district
OFFICES IN MINNEAPOLIS, MN AND BROOKF"IELD, WI
2950 Norwest Center. 90 South Seventh Street. Minneapolis, MN 55402 -4100
7.,I:. - ---- n.I Inn I- 11 .-11 - .,nom.
APR 17 "35 04:56PM EHLERS & ASSOCIATES
P. 3/4 1
more, these income limitations would not be prohibitive for purchasing a $115,000 borne.. The City
certainly has the choice of limiting incomes to less than the housing district maximums, ,A. housing
district has a maximum life of 25 years. Based upon preliminary calculations, Ave anticipate that 60 units
would be included in the tax increment district (48 affordable). Each towzahon unit would produce
approximately $2,100 in tax increment per year. The annual tax increment would be approximately
$126,000 per year.
The City would need to make a local contribution to avoid a local government aid penalty. The local
contri'ou would be l M of the tax itwrernent for a housing district ($12,600 per year). This City is
sti 11 able to retain 10% of the increment for administrative
Proposed Pricing Structure and Amount of Assistance Requested
There are three types of townhome units being proposed for the 48 affordable units: 1,200 s.f. one - story,
2 bedroom units; 1,400 s.f two -story two bedroom units, and 1,700 s.f. three bedroom units. Based upon
preliminary discussions with staff and Rottlund, the proposed affordability breakdown would be as
follows_
For families at incomes of 90% or less of median income ($43.000)
8 - smaller 2 13R units at $88,000
8 - larger 2 BR units at $91,000
8 - 3 BR units at $95,000
For families at incomes of 100% or less of median income ($54.000
8 - smaller 2 BR units at $108,000
8 - larger 2 BR units at $111,000
8 - 3 BR units at $115,000
The City could lower the income levels below what is suggested. The lower valued units would be
required to use first -time bornebuycr program which would also use federal program to write the interest
rate to below market. Tulic Frick of the Carver County HR.A. as indicated an interest in being involved
with assisting families with this program_
According to documents submitted by Rottlund, without subsidy, the sale prices of the townhouses
would be approximately $118,000 to $128,000. in order to meet standards of return on investment
Rott lund indicates that the subsidy will need to be $10,000 per unit to meet the $115,000 level and
$30,000 per unit to meet the $97,000 level. The total subsidy, based upon the schedule listed above,
would be $960,000. Please note that the exact assistance level is subject to further negotiation and
verification.
The assistance amount would be payable in 20 years of increment assuming a 9% interest rate. If the
City chooses to have less units than 48 units affordable or less units at the $95,000 level, the assistance
would be reduced proportionately and the term of the district would be reduced. For example, 10 units at
the $95,000 level instead of 24 units would reduce the subsidy by $280,000 and the term of the
assistance down to 12 years instead of 20 years.
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I APR 1 7 96 04 :56PM EHLERS & ASSOC.IATES
P. 4.• '4
Typically we recommend that a pay - you --'Q method of financing with interest rather than up -trout
' assistance. Ro:!lund has indicated that it would be unable to carry more than 10% to 50% of the
assistance through a pay -as- you - go. Rottlund's alternative suggestion would he to have the City pay its
assessment fund with $350,000 in trunk and lateral assessments with increment. This amount would be
' 40% of the asslstaocc level. We need to work with Rottlund oil nego t iating m ethod of assistance for the
remaining amount of assistance levels and exact unit mixes.
' Lowy 'reran Affordability
In othc3r cities, long term affordability has been maintained through a variety of methods, Sonle cities
have r(,stri.v --O the s ,le of the units in t:h urF to °ndividuals meeting inf:onle guid ' n rid price
levels to a price index. Other cities have , .. , c. a. second mortgage on the property nnicta errc: <, „ys tile
City to a percentage share of the profit on the unit up to $X to be used for future affordable housing
units. Other cities have decided that assistance was only required initially and do not restrict the sale of
the units.
' By requiring that the first -time homebuyer program be utilized for the deeper subsidy units ($95,000 or
less }, the residents would [lave to pay a penalty to the prograttt if they move out of the units sooner than
1.0 years. These dollars would not be staid to the City but would h- returned to the first -time horncbuyer
' prograrn.
City Policy Issues
Below are listed a summary of policy options which hill impact negotiations with the developers:
1 1. Number of units to be under $115,000 and $95,000 and therefore the term of the district
Z. Income limits of families for purchase of homes
4. Nlaintenance of affordability of homes
A. Resale limits to CPf plus realtor costs
B. Second mortgage
C. Resale only to certain income limits
' D. No restriction
5. Delivery of assistance to Rottlund - how much upfront versus over time
' Please contact us with any questions or corn[tl4rits.
: WP 1) i9.11rJD \h,'I,Idi;l.
CITY OF CHANHASSEN
CARRIER AND HEN EPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE,
BY REZONING CERTAIN PROPERTY
THE CITY COUNCLT. OF THE CIT) "?. ` ' ` -NT HASSEN ( A-DAIN S:
Section 1 , Chapter 20 of the Chanhassen City '.'ode, the Citj zoning ordinance, is hereby
amended by rezoning all property within the following plat from R -12, High Density Residential to
PUD -R, Planned Unit Development Residential:
North Bay 2nd Addition and Outlots B, C and F, North Bay Addition
Section 2 . The rezoning of this property is subject to the plans dated April 5, 1996 and all
conditions of rezoning and final plat approval.
Section 3 . The zoning map of the City of Chanhassen shall not be republished to show the
aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office
for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the
notations, references, and other information shown thereon are hereby incorporated by reference
and made a part of this ordinance.
Section 4 . This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this day of '
, 1996.
ATTEST:
Don Ashworth, City Manager
Donald J. Chmiel, Mayor
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