1c. Extension of Preliminary Plat Approval for Olivewood AdditionD
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CITY OF /C
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HaNHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Kate Aanenson AICP, Planning Director
DATE: July 13, 1995
SUBJ: Request for Final Plat Extension - Olivewood Subdivision #94 -3
BACKGROUND
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Olivewood Addition was given final plat approval by the City Council on August 1994. City
ordinance requires that all final plats be recorded within 30 days after final plat approval.
Arnold Weimerskirch, in a letter dated June 30, 1995, has requested extension of the final plat
approval. The Olivewood Addition includes 9 lots (setback variances on 2 lots) and a
conditional use for a recreational beachlot.
ANALYSIS
Mr. Weimerskirch's attorney, Craig Mertz, had notified staff that the cost of utility
improvements were causing higher than expected bids, therefore they were unable to develop
the property. Currently, they are trying to sell the property to a developer and have
concluded that the conditions are not right for development. Mr Weimerskirch is requesting
an extension the final plat approval for one year.
Staff is comfortable with the extension of the final plat because their subdivision was straight
forward and we do not foresee any development standard changes that would substantially
change the development. If the city does adopt any new ordinances or fees change, the plat
would be subject to those changes.
' RECOMMENDATION
Staff is recommending extension of the final plat until August 1, 1996, however, the city
' reserves the right to reevaluate the subdivision and require changes to the plat based on the
city's approval of any ordinances that may be adopted during the period of extension.
0
MEMORANDUM
Don Ashworth
July 13, 1995
Page 2
Attachments
1. Letter from Arnold Weimerskirch dated June 30, 1995
2. Conditions of Final Plat approval dated August 8, 1994
gmo9%f. Weimerskirch
2831 Sandpiper Trail
Excefsior, 94N 55331
(612474 -5733
June 30, 1995
Kathryn Aanenson
Chanhassen City Planner
P.O. Box 147
Chanhassen, MN 55317
Reference: Neumann Subdivision
Dear Kate,
We met on June 29, 1995 to discuss the status of the Neumann Subdivision known as
Olivewood. I explained that we are having some difficulties with the development. This
letter is a follow -up to our meeting to document our discussion and to request a
postponement in filing the final plat for our development.
In a letter to you dated March 2, 1995, our attorney, Craig Mertz, explained that the bids
for the utility improvements came in much higher than expected and that this was causing
us to reevaluate our plans. He requested a temporary postponement at that time.
Since then, we have attempted to sell the property to a developer and have been in contact
with several of them. None of them have shown any interest in the property. We have
concluded that the financial conditions are not right for development and that we should
not proceed at this time.
Please consider our request to extend the approval of the final plat. We will reevaluate
the situation again next year.
Thank you for your consideration.
Regards,
Arnold M. Weimerskirch
cc: Craig Mertz
Olive Neumann
CITY OF
�BANHASS�N
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Mr. Arnold Weimerskirch
2831 Sandpiper Trail
Excelsior, MN 55331
Dear Mr. Weimerskirch:
This letter is to formally notify you that on August 8, 1994, the City Council approved the
final plat, construction plans and specifications and development contract for Olivewood
Addition (#94 -3) for 25.95 acres into 9 single family lots as shown on the plans stamped and
dated July 26, 1994 and subject to the following conditions:
1. A 13 foot front yard setback variance for Lot 1, Block 2 and a 12 foot front yard
setback variance on Lot 3, Block 2. .
2. The two existing homes within the plat are required to be connected to city sewer
within 30 days after the sanitary sewer line becomes operational. The homes may
continue to utilize their existing wells until the well fails.
3. The street shall be named Tanagers Lane or Tanagers Court and the two existing
homes shall be required to change their addresses to correspond to the plat's street
name and city's address grid.
4. The grading plan shall be revised to show the appropriate site grading to achieve
buildable house pad elevations adjacent to the wetlands. Individual grading, drainage
and erosion control plans shall be required for all treed lots. The plans shall be
submitted to the City Engineer for review and approval prior to building permit
issuance.
5. The applicant shall pay the appropriate storm water quality and quantity fees or
provide storm water management improvements in accordance to the City's Surface
Water Management Plan. If the storm water fees have not been formally adopted by
the time final plat is to be recorded, then a letter of credit or cash dedication will be
escrowed with the City until the SWMP plan has been formally adopted by the City
and the fees adjusted accordingly based on the approved fee schedule and assessment
August 10, 1994
t Mr. Arnold Weimerskirch
August 10, 1994
' Page 2
methodology. Staff will evaluate the fees according to the SWMP plan
recommendations and review the exemptions of the two existing homes.
6. The erosion control plan may be modified subject to the final grading and drainage
plan. Erosion control measures shall be employed in accordance to the City's Best
' Management Practice Handbook.
7. All retaining walls shall be built outside the City's right -of -way and maintained by the
' property owner.
' 8. The applicant shall be required to enter into a development contract with the City and
provide the necessary financial security to guarantee installation of the public
improvements and conditions of final platting.
' 9. As a result of platting the two existing homes will be required to change the addresses
to correspond to the final plat and the City's address grid system. The new street
' name shall be subject to approval by the City's Public Safety Department.
10. The applicant shall receive and comply with all pertinent agency permits, i.e.
' Watershed District, DNR, MWCC, MPCA, Minnesota Dept. of Health, etc.
11. Accept full park and trail dedication fees for the Neumann Subdivision in lieu of
' parkland dedication and/or trail construction. One -third of the park and trail cash
contribution shall be paid contemporaneously with the filing of the subdivision plat.
The balance, calculated as follows, shall be paid at the time building permits are
' issued: rate in effect for residential single family property when a building permit is
issued minus the amount previously paid.
' 12. Upon platting of the property, the city typically spreads these deferred assessments
over the newly created plat on a per lot basis. Staff is open to alternative methods in
respreading the deferred assessments if desired by the property owner.
13. The applicant shall meet all conditions of the conditional use permit (94 -2) and
' wetland alteration permit (94 -2).
14. Conservation easements shall be placed on all lots shown on the tree preservation plan
' dated July 29, 1994.
The attached development contract dated August 8, 1994 was approved along with the plans
' and specifications conditioned upon the following:
1. The applicant enter into the development contract and supply the city with a cash
Mr. Arnold Weimerskirch
August 10, 1994
Page 3
escrow or letter of credit in the amount of $146,410 and pay an administration fee of
$7,253.
2. The applicant's engineer shall work with staff in revising construction plans to meet
city standards.
I have attached a copy of the approved development contract for your execution. Please have
this document signed and notarized and return it along with the appropriate administration
fees, letter of credit and the final plat mylars (2 sets), along with 1" equals 200' and 1" equals
500' scale reduction mylars, at your earliest convenience. Upon receipt of these items, I will
proceed to obtain city signatures on the documents and forward these items to the city
attorney's office for review and recording with the county.
Should you have any questions, please feel free to contact me.
Sincerely,
1 AaIVA
Kathryn R. Aanenson
Senior Planner
KA:v
PC: Dave Hempel, Asst. City Engineer
Steve Kirchman, Building Official
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