1a-1. Olivewood Final Plati
CITY of
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
i
Don Ashworth '
Olivewood Final Plat
August 2, 1994 '
Page 2
8. 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.
9. Staff will work with the applicant to create a woodland management plan including ,
tree conservation easements. Some lots may require custom grading plans.
10. Lowest floor elevations of the homes adjacent to the wetland areas shall be two feet '
above the wetland's ordinary high water level.
11. The adin plan shall be revised to show the appropriate site adin to achieve '
� gP grading
buildable house pad elevations adjacent to the wetlands. Individual grading and '
drainage plans will be required for all treed lots. The plans shall be submitted to the
City Engineer for review and approval prior to building permit issuance.
12. 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
methodology. Staff will evaluate the fees according to the SWMP plan
t
recommendations and review the exemptions of the two existing homes.
'
13. Storm water calculations for ponding and piping shall be submitted to the City
Engineer for review and approval. All storm water ponds shall meet Walker
standards. The storm sewer shall be designed for a 10 -year storm event.
'
14. 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.
15. All retaining walls shall be built outside the City's right -of -way and maintained by the '
property owner.
16. All utility and street installation for public improvements shall be in accordance with
the City's latest edition of standard specifications and detail plates. Detailed
construction plans and specifications shall be submitted to the City for review and '
formal approval in conjunction with final plat approval.
' Don Ashworth
Olivewood Final Plat
' August 2, 1994
Page 3
The applicant is proposing to final plat the entire subdivision which includes 8 lots and two
outlots. Two of the lots have existing homes. As part of the preliminary plat approval, a
conditional use permit for a recreational beachlot, a wetland alteration permit for construction
and mitigation of a wetland and vacation right -of -way located on Minnewashta Avenue .
Outlot A contains the wetland and Outlot B is the recreational beachlot which the Council
granted approval for on June 13, 1994.
A tree preservation plan has been prepared. The tree preservation requires a 35 percent tree
preservation area. The plan proposes to preserve 50 percent of the tree canopy area. Staff is
recommending that lots be custom graded to preserve trees.
17.
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.
'
18.
As a result of platting the two existing homes may 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.
19.
The applicant shall receive and comply with all pertinent agency permits, i.e.
'
Watershed District, DNR, MWCC, MPCA, Minnesota Dept. of Health, etc.
20.
Submit street name to Public Safety Department for review prior to final plat approval.
'
21.
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.
22.
The cul -de- sac -island shall be posted and signed as per the Fire Marshal for no
'
parking.
23.
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
respreadmg the deferred assessments if desired by the property owner."
'
FINAL PLAT
The applicant is proposing to final plat the entire subdivision which includes 8 lots and two
outlots. Two of the lots have existing homes. As part of the preliminary plat approval, a
conditional use permit for a recreational beachlot, a wetland alteration permit for construction
and mitigation of a wetland and vacation right -of -way located on Minnewashta Avenue .
Outlot A contains the wetland and Outlot B is the recreational beachlot which the Council
granted approval for on June 13, 1994.
A tree preservation plan has been prepared. The tree preservation requires a 35 percent tree
preservation area. The plan proposes to preserve 50 percent of the tree canopy area. Staff is
recommending that lots be custom graded to preserve trees.
Don Ashworth
Olivewood Final Plat
August 2, 1994
Page 4
GRADING AND DRAINAGE
The final plat and construction drawings have taken into consideration staff's
recommendations with regards to grading the subdivision. The wetlands have been, for the
most part, left in their natural state. The applicant has combined Lots 1 and 2 to minimize
disruption to the existing wetland.
The applicant is proposing a storm water quality pond on Lots 3 and 4, Block 2 pursuant to
staff's recommendations. The storm water quality pond will be constructed in lieu of the
applicant paying storm water quality fees. However, the applicant still will be responsible for
their fair share of storm water quantity fees based on the City's Surface Water Management
Plan (SWMP). The Surface Water Management fees for quantity have been adjusted to
eliminate the two existing lots as well as wetland areas below the OHW of Lake
Minnewashta. Outlot A (wetland) has also been eliminated from the fees. Using the
applicant's lot tabulation sheet, this equates to 6.54 acres at the rate of $1,980 per acre or
$12,949. This fee will be required at the time of final plat recording in conjunction with the
administration fees. If the fees have not been adopted by the City Council, a letter of credit
or cash escrow may be submitted to the City until the SWMP has been formally adopted by
the City Council. The fees will be adjusted accordingly based on the approved fee schedule
and assessment methodology.
UTILITIES
The applicant has submitted detailed construction plans and specifications for this project.
Staff has reviewed the plans and finds them in general accordance with City standards.
However, there are still some minor modifications such as street names; therefore, staff
requests that the City Council grant staff the flexibility to work with the applicant's engineer
to finalize the plans. 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.
The two existing homes within the development shall both be hooked up to City sewer within
30 days after the line becomes operational. According to City records, one home is
connected to City sewer and the other is not. The homes still may utilize their existing wells
until such time the wells fail at which time the properties must then connect to City water.
1
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Don Ashworth
Olivewood Final Plat
August 2, 1994
Page 5
STREETS
The final plat and construction plans take into consideration staff's recommendations. Due to
roadway construction a small portion of the wetland will require filling. The applicant is
proposing mitigation at 2:1 on the opposite end of the wetland to achieve this.
' Under the preliminary plat submittal the applicant proposed a center island in the cul -de -sac.
At this time the applicant is no longer proposing an island in the cul -de -sac. The final plat
reflects a street name of Tanagers Point. This should be changed to either Tanagers Lane or
Tanagers Court consistent with Public Safety Department recommendations. Construction
plans should also be changed to reflect this name change.
Following are the conditions of approval for preliminary plat. Some of the conditions no
longer apply, some have been meet and others still apply as noted.
' 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.
' * The Council granted approval of the variances on June 13, 1994.
' 2. Approval of the vacation of Minnewashta Avenue at the time of final plat.
* This condition has been met.
' 3. Approval of the 50 foot right -of -way for street. The radius of the cul -de -sac shall be
60 feet.
' * This condition has been met.
4.
5.
� s.
1
1
Lots 1 and 2 Block 1 shall be combined into one lot.
* This condition has been met.
Relocation of the storm water retention pond from the rear of Lot 3, Block 2 to
between Lots 3 and 4, Block 2.
* This condition has been met.
Erosion control measures shall be in accordance with the City's Best Management
Practices Handbook.
i
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 I
to building permit issuance.
L
Ll
Don Ashworth
Olivewood Final Plat
August 2, 1994
'
Page 6
* This condition has been met.
'
7. 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
1
continue to utilize their existing wells until the well fails.
* This condition is still applicable.
'
8. 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.
This condition is still applicable.
'
9. Staff will work with the applicant to create a woodland management plan including
tree conservation easements. Some lots may require custom grading plans.
'
* A tree preservation plan has been prepared that meets city requirements. All
lots will be required to be custom graded. This condition is being addressed as
part of Condition #11. Conservation easements shall be placed on all lots
shown on the tree preservation plan dated July 29, 1994.
'
10. Lowest floor elevations of the homes adjacent to the wetland areas shall be two feet
above the wetland's ordinary high water level.
'
* This condition has been met.
,
11. The grading plan shall be revised to show the appropriate site grading to achieve
buildable house pad elevations adjacent to the wetlands. Individual grading and
drainage plans will be required for all treed lots. The plans shall be submitted to the
'
City Engineer for review and approval prior to building permit issuance.
* This condition has been modified to read:
'
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 I
to building permit issuance.
L
Ll
I_1
Don Ashworth
Olivewood Final Plat
August 2, 1994
Page 7
' 12. 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
methodology. Staff will evaluate the fees according to the SWMP plan
recommendations and review the exemptions of the two existing homes.
' * This condition is still applicable.
13. Storm water calculations for ponding and piping shall be submitted to the City
Engineer for review and approval. All storm water ponds shall meet Walker
standards. The storm sewer shall be designed for a 10 -year storm event.
' * This condition has been met.
14. 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.
' * This condition is still applicable.
15. All retaining walls shall be built outside the City's right -of -way and maintained by the
property owner.
' * This condition is still applicable.
16. All utility and street installation for public improvements shall be in accordance with
' the City's latest edition of standard specifications and detail plates. Detailed
construction plans and specifications shall be submitted to the City for review and
formal approval in conjunction with final plat approval.
' * This condition has been met.
17. 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.
' * This condition is still applicable.
Don Ashworth
Olivewood Final Plat
August 2, 1994 '
Page 8
18. As a result of platting the two existing homes may 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.
This condition has been modified to read: '
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. '
19. The applicant shall receive and comply with all pertinent agency permits, i.e. '
Watershed District, DNR, MWCC, MPCA, Minnesota Dept. of Health, etc.
* This condition is still applicable.
20. Submit street name to Public Safety Department for review prior to final plat approval.
* This condition is a duplication of #18 and should be deleted. I
21. 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.
'
* This condition is still applicable.
22. The cul -de- sac - island shall be posted and signed as per the Fire Marshal for no '
parking.
* This condition is no longer applicable - the cul -de -sac island was deleted from '
plans.
23. 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." '
* This condition is still applicable.
' Don Ashworth
Olivewood Final Plat
August 2, 1994
Page 9
' RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves the final plat for Olivewood subdivision creating 9 single family
lots as shown on the plans 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
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.
i
8.
'
Don Ashworth
Olivewood Final Plat
August 2, 1994
'
Page 10
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."
'
ATTACHMENTS
'
1.
City Council minutes dated June 13, 1994.
2.
Final plat dated July 26, 1994.
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City Council Meeting - June 13, 1994
Steve Kern: Good, thank you.
Mayor Chmiel: Good, thank you. Is there anyone else?
PUBLIC HEARING: NEUMANN SUBDIVISION, LOCATED SOUTH OF SANDPIPER LANE AND
WEST OF PIPER RIDGE LANE, ARNOLD AND ANN WEIMERSKIRCH:
A. VACATION OF RIGHT -OF -WAY ON MINNEWASHTA AVENUE.
B. PRELIMINARY PLAT OF 25.9 ACRES INTO 9 SINGLE FAMILY LOTS WITH VARIANCES ON
PROPERTY ZONED RSF; CONDITIONAL USE PERMIT FOR A RECREATIONAL BEACHLOT;
AND WETLAND ALTERATION PERMIT FOR CONSTRUCTION AND MITIGATION OF A
WETLAND.
I Public Present:
Name Address
Olive Neumann
Anne Weimerskirch
Art Johnsen
Ken Adolf
Harry D. Peters
2841 Sandpiper Trail
2831 Sandpiper Trail
18300 Minnetonka Blvd.
Schoell & Madson, Inc.
18300 Minnetonka Blvd.
Mayor Chmiel: I would like to open this public hearing at this time and if I could have staff indicate what the
concerns are.
Kate Aanenson: Thank you Mayor. The applicants are proposing a 9 lot, single family subdivision and it's
located on the north side of Lake Minnewashta. It's an old subdivision. It's a replat of a subdivision that goes
back to the late 1800's. This subdivision also includes a request to vacate ... Access to the site via a 360 foot cul-
de -sac which comes off of Tanager's Lane. We believe that the way the subdivision has been modified, it's
really a superior layout. This did go to the Planning Commission twice...recommended to table to resolve some
design issues. Specifically the location of the storm water pond. A little more information on the tree survey
and elimination of some variance requests. Access into the subdivision is a little difficult. It's pinched between
the existing wetland here and the existing house. So access into the site, staff is recommending a 50 foot right -
of-way through this area but we are requesting a 60 foot radius cul -de -sac be provided. There are two variances
requested as I indicated in order to get through the wetland with the street. It does pinch between the existing
house and the wetlands so we're requesting variances for the two existing homes which we feel is warranted
Other than that, the rest of the lots meet requirements. We are requesting that Lots 1 and 2 be combined.
That's these lots. One lot really is kind of topographically separated. It's access would come off of Piper Ridge
Lane and Lot 2. Staff is recommending that those be combined. The one off of Piper Ridge Lane has a
driveway of 16 feet. The home would be up on a knoll and the other home is almost at grade with the wetlands
so the integrity of that lot really isn't there so we feel that it makes more sense to combine those lots...
applicant's support that. This subdivision does fall within the shoreland district which means all lots abutting...
20,000 square foot minimum lot size, which they do. There is a natural wetland I think around the entire
subdivision. It's upland area in the lots... The wetland follows, this is the lake here. The wetland follows
around. This is the natural wetland. The entire subdivision. The applicant's are proposing a conditional use for
recreational beachlot. The beachlot itself meets the standards ... of over 45,000 square feet. They would be
4
City Council Meeting - June 13, 1994 ,
allowed, based on the size of square footage ... to have 9 boat slips. We are recommending that there be one
common dock with the 9 slips. The DNR supports that, although they are requiring, because there are going to
be more than 4 boats, a marina permit. But they do support the 9 ... As I mentioned, this did go to the Planning ,
Commission twice. Staff does recommend approval of the four actions. The final action that you'd be looking
at would be the street vacation, as I indicated of the old plat. The old Minnewashta Avenue. As you recall, we
looked at this as part of the beachlot that we had at the end of the subdivision for Minnewashta Manor. At the '
end of this is Minnewashta Manor. That's actually in that location. There's four actions that you'd be looking
at tonight. One would be the preliminary plat. We are recommending approval with those conditions. They
have been modified and the Planning Commission modifications are shown in bold and anything else shaded
would be a strike out. The conditional use for the recreational beachlot. The wetland alteration permit and then
four is the street vacation. I'll leave this picture of the map and the street vacation at the very end and that's...
Mayor Chmiel: Thank you Kate. Is the applicant or the anyone wishing to indicate any concerns regarding the I
proposal?
Ken Adolf: Your honor, members of the Council. My name is Ken Adolf. I'm with Schoell and Madson. '
We're engineers for the applicant. The applicant has worked with the planning staff and they have agreed to the
conditions. I guess I'd just like to highlight a couple items. First of all on item 22, which is regarding the cul-
de -sac island. The applicant... without the island—On the item 23. That refers to some deferred assessments for ,
sewer and water some years ago. The applicant had requested that those assessments were going to be forgiven
because they're on the portion of the property which is wetland .. spreading the assessments over the entire
parcel. And then again, the highlight of item 12, what the applicant's request was was to exempt the lot of the
two existing homes from your requirements for the storm water fees. It's my understanding that those fees '
would not apply to the existing homes and therefore we could ... two existing homes in this subdivision should be
exempt as well. I'd be happy to answer any questions.
Mayor Chmiel: Kate, would you address those. First of all the island. '
Kate Aanenson: Certainly. It's been a policy. We've been requested recently for the landscaped islands we had '
at Longacres. That they do put an island in. The Fire Marshal's requesting that based on the fact that they can't
get a fire truck around them. And especially the fact that their beachlot at the, that there's parking down there,
we can't get emergency vehicles around the islands. Whether they're parked on the inside or the outside of that
island. We certainly see that as a desirable feature to have but the safety just overrides that. If they choose not '
to do that, when it comes for final plat then that condition will just not be carried... Other than that, they do
want to put it in as it was requested they ... per the Fire Marshal's request. The second one, number 23 was, from
my understanding there's two assessments still outstanding that are approximately $18,000.00 and they're
requesting the one assessment be waived and that's the one on Sandpiper Lane. It's the opinion of the '
engineering department that based on the fact that we still have to pay for the costs of bringing this service down
Sandpiper Lane into the two homes there, that both assessments still should be paid by the applicant. So what
we're saying of this is, if they choose to spread those out over these new lots, that we would look at that. But at '
this point we would not support having those...
Mayor Chmiel: Good. Thank you Kate. As I mentioned before, this is a public hearing. Is there anyone else '
wishing to address this proposal? This is your opportunity to come forward and indicate your concerns, if there
are any. Is there anyone wishing to come forward? If not, can I have a motion to close the public hearing?
Councilman Wing moved, Councilman Mason seconded to close the public hearing. All voted in favor and '
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' City Council Meeting - June 13, 1994
the motion carried. The public hearing was closed.
Councilman Wing: Kate, just the only question I've got at all on this is the dock. It goes through kind of a
natural area and then goes into an existing channel that has been closed throttle. It's a very natural area. And as
the dock is shown, it kind of comes into a real back water area. And in being in there today, we had to paddle
out with an inboard. It was all muck and weeds. How far out can they go?
Kate Aanenson: With this specification here is not necessarily how it's going to be laid out. In working with
the DNR, they provided the staff with depths of how the dock can be laid out and the DNR's flexible on how
we lay that out. And they provided that information so it's, I think it can be laid out certainly with an L shape
or something else.
' Councilman Wing: Yeah, I don't mind the dock shape or if that's the case. How far out can they go? I mean
to get enough depth, they're almost going to be into the channel.
' Kate Aanenson: The ordinance allows you to go up to 4 foot in depth. To bring your dock out as far to get 4
feet in depth. Normally it's 50 feet or as far as you need to get to 4 feet in depth. But as you know on that
side of the lake, there's some docks that go out 200 feet. ...showed us one I believe he was talking about 190
length of dock.
' Councilman Wing: Okay but it's a very narrow, navigable channel. If you're in the middle, it's a little deeper
because the boats over the years have dug it out literally and then to either side you're in the mud.
' Kate Aanenson: Yeah. They provided us with, I didn't put it in here but they provided us with depths to show
us how that L works. We did review that.
Mayor Chmiel: You're saying it's workable and viable?
Kate Aanenson: Yes. And they'll have to work with the DNR again because they're having more than 4 slips.
' Councilman Wing: Without going into the channel?
' Kate Aanenson: Well, there's the channel.
Councilman Wing: That probably shows it. Let me just get up here a minute Kate because I want to make sure
this is clear. This is all heavy vegetation going through here. And there's a very narrow area that you can
' actually navigate this. The way you're showing it is the beachlot kind of comes through here and the dock kind
of comes into here. It's sort of, I don't have any trouble with that but as soon as you go up along this artificial
shoreline here, where you go through this little back water area, to get 4 feet of depth, you could be out into this
' channel and at that point this becomes unacceptable. I just want to know how far to get to that 4 feet will it put
it in the channel and if that's the case it's. If it stays in this back water area, it really isn't going to affect that
area at all. If it goes beyond that into the channel area, then it's really becoming a major. Do you think that's
accurate?
' Kate Aanenson: With the depth...
Councilman Wing: Okay. That's what I wanted to know.
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City Council Meeting - June 13, 1994
I
Mayor Chmiel: Question answered. Any other?
Councilman Wing: No, that's all.
Mayor Chmiel: Okay. Colleen.
'
Councilwoman Dockendorf. It's a boardwalk. Do you have any idea? I can't tell where it starts. I mean it's a
very long pathway.
Kate Aanenson: There is a long pathway, correct. It starts at the edge of the wetland would be the boardwalk
'
portion.
Councilwoman Dockendorf: And there are no restrictions? Oh I see.
'
Kate Aanenson: That was part of the wetland alteration permit. Putting the boardwalk instead of just a regular
dock. Put it up above the vegetation.
,
Councilwoman Dockendorf. The drawing of these slips look a little better than the other ones in terms of
accessibility. And I have a question about, there are an awful lot of trees there that are going to need to be
taken down and I do like the way that, in this report it was shown that you gave a square foot loss of trees.
'
That's easier for me to visualize than number of trees. Anyway. My question is, has the canopy approach been
working in other subdivisions or is it too early to tell?
r
Kate Aanenson: This is, we're just coming through with a couple subdivisions using the canopy. What we're
finding is we've got a good handle maintaining the existing canopy and replacing. What we're having a little bit
of trouble with is providing easements on how to make that work. I think the applicants have done a great job
in meeting with the staff and trying to address our concerns. They're very willing to meet the terms that we
have. What we're trying to resolve now, what we put in the staff report is trying to come to some resolution.
We've had one meeting already. We're just coming to you for final plat to come forward with the, what we put
in here originally was the 10,000 square foot area. Buildable area. But these homes are going to be custom
'
graded and it's difficult and they're real reluctant to—so we're talking about the limited flexibility for that so
they can work with individual home buyers but yet we've got the easements in place so when they're buying a
lot...what needs to be preserved. So we've bounced around a couple ideas and that's where we've having the
,
downfall in the canopy ordinance. So as far as maintaining the existing trees and maintaining the canopy
coverage, this subdivision does that. Now getting into some of the individual trees in the tree easement, that's
what we're trying to resolve before we reach the final plat. They seem very willing to work with us.
'
Councilwoman Dockendorf: Thanks. That's all.
Mayor Chmiel: Okay, Michael. Any questions?
,
Councilman Mason: No. I think everyone's been working well on this. It looks good.
,
Mayor Chmiel: Okay, Mark.
Councilman Senn: No, it looks fine. I
I City Council Meeting - June 13, 1994
' Mayor Chmiel: Okay. With that, this is going to be a four part motion. And the first being for the preliminary
plat. Can I have a motion for that?
' Councilman Wing: I'll move that.
Councilman Mason: Second.
Mayor Chmiel: It's been moved and seconded that this be accepted with, #94 -3 for 25.9 acres into 9 single
family lots with variances as shown on the plans stamped June 7th subject to the following conditions.
Councilman Wing moved, Councilman Mason seconded to approve Preliminary Plat #94 -3 of 25.95 acres
into 9 single family lots with variances as shown on the plans stamped June 7, 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. Approval of the vacation of Minnewashta Avenue at the time of final plat.
' 3. Approval of the 50 foot right -of -way for street. The radius of the cul -de -sac shall be 60 feet.
4. Lots 1 and 2 Block 1 shall be combined into one lot.
' 5. Relocation of the storm water retention pond from the rear of Lot 3, Block 2 to between Lots 3 and 4,
Block 2.
' 6. Erosion control measures shall be in accordance with the City's Best Management Practices Handbook.
7. 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.
' 8. 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.
9.'rep:±on5vttEap:eitets:at:e:: 1aed:n > <1:c►:lseif: >#'::.::. >. t»e:? >t:b <::...
± A i k f C i # C i 5 p 1 Staff will work with the applicant to create a woodland
.............. ...............................
management plan including tree conservation easements. Some lots may require custom grading
plans.
' 10. Lowest floor elevations of the homes adjacent to the wetland areas shall be two feet above the wetland's
ordinary high water level.
11. The grading plan shall be revised to show the appropriate site grading to achieve buildable house pad
elevations adjacent to the wetlands. Individual grading and drainage plans will be required for all treed
lots. The plans shall be submitted to the City Engineer for review and approval prior to building permit
issuance.
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City Council Meeting - June 13, 1994 '
1
12. 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
methodology. Staff will evaluate the fees according to the SWMP plan recommendations and '
review the exemptions of the two existing homes.
13. Storm water calculations for ponding and piping shall be submitted to the City Engineer for review and '
approval. All storm water ponds shall meet Walker standards. The storm sewer shall be designed for a
10 -year storm event.
14. 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.
15. All retaining walls shall be built outside the City's right -of -way and maintained by the property owner. ,
16. All utility and street installation for public improvements shall be in accordance with the City's latest
edition of standard specifications and detail plates. Detailed construction plans and specifications shall '
be submitted to the City for review and formal approval in conjunction with final plat approval.
17. 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 I
platting.
18. As a result of platting the two existing homes may 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.
19. The applicant shall receive and comply with all pertinent agency permits, i.e. Watershed District, DNR, '
MWCC, MPCA, Minnesota Dept. of Health, etc.
20. Submit street name to Public Safety Department for review prior to final plat approval. '
21. 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 die amount previously paid.
22. The cul -de- sac - island shall be posted and signed as per the Fire Marshal for no parking. '
23. 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 respreadmg the deferred
assessments if desired by the property owner."
All voted in favor and the motion carried unanimously. '
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1 City Council Meeting - June 13, 1994
Mayor Chmiel: Conditional use permit. Can I have a motion on that.
Councilman Senn: Move approval.
Councilman Mason: Second.
Councilman Senn moved, Councilman Mason seconded that the City Council approves the conditional use
permit #94 -2 for the recreational beachlot subject to the following conditions:
' 1. Receive DNR approval for dock with more than 4 slips.
2. Verify water depth and submit the appropriate configuration of dock.
' 3. The dock shall have a maximum of 9 boat slips.
4. The recreational beachlot shall meet all of the General Issuance Standards of Section 20 -232, conditional
' uses."
All voted in favor and the motion carried unanimously.
S Councilman Mason: I move approval of the wetland alteration permit #94 -2 for mitigation of the wetland
subject to conditions as stated in the report.
' Councilwoman Dockendorf. Second.
Councilman Mason moved, Councilwoman Dockendorf seconded that the City Council approves the
wetland alteration permit #94.2 for mitigation of a wetland subject to the following conditions:
1. The area of mitigation shall be located on the north or eastern portion of the wetland adjacent to the
' ag/urban wetland on Sandpiper Lane.
2. A replacement plan is necessary for any impacts to the wetland at a minimum size wetland replacement
' ratio of 2:1.
3. The discharge of dredged or fill material into any wetland or water area requires authorization under
Section 404 of the Clean Water Act from the Corps of Engineers.
' 4. The following wetland setbacks shall be maintained:
Natural wetland 10' -30' buffer strip and 40 foot structure setback
' Ag/urban wetland 0-30' buffer strip and 40 foot structure setback"
All voted in favor and the motion carried unanimously.
Mayor Chmiel: Street vacation.
Councilman Wing: So moved.
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City Council Meeting - June 13, 1994 '
I
Councilwoman Dockendorf. Second.
Resolution #94 -59: Councilman Wing moved, Councilwoman Dockendorf seconded that the City Council
approve the request for vacation of Minnewashta Avenue subject to final plat approval of Neumann
Subdivision. All voted in favor and the motion carried unanimously.
PUBLIC HEARING: LYMAN BOULEVARD STREET RECONSTRUCTION AND LAKE RILEY
AREA TRUNK UTILITY IMPROVEMENTS IN SECTIONS 13 AND 24, PROJECT 93 -32.
'
Public Present:
Name Address
'
Al Klingelhutz 8600 Great Plains Blvd.
Gary Skalberg 510 Lyman Blvd.
Richard Chadwick 9530 Foxford Road
Bailey & Mary Lou Janssen 500 Lyman Blvd.
Daniel Frederick 540 Lyman Blvd.
Russell & Orletta F. Frederick 540 Lyman Blvd.
'
Diane Riegert 520 Lyman Blvd.
Eunice Kottke 9221 Lake Riley Blvd.
Robert H. Peterson 9101 Lake Riley Blvd.
'
Gerald & Rosemary Luebke 8526 Great Plains Blvd.
Marc Anderson 420 Merrimac Lane, Plymouth
Charles Folch: Thank Mr. Mayor, members of the Council. As indicated in the staff report, this capital
improvement project is a joint petition project by land owners and/or developers massing 1 to 3 acres in Sections
13 and 24 in Chanhassen. This particular report was received by the Council approximately a month ago. Last
Monday we followed it up with a neighborhood meeting where all the affected property owners were invited.
'
Tonight at the public hearing, we have our project consultant engineers from OSM, David Mitchell and Wayne
Houle to provide a presentation of the feasibility study consistent of project elements, cost and method of
financing the project. So with that I'll turn it over to OSM.
,
David Mitchell: Thanks Charles. Your Honor, members of the Council. As Wayne set this up I'd like to point
out a couple of typographical errors in the report and to just clarify a couple of items. I don't know if anyone
has the report with them but in the executive summary we made a statement that funding for the reconstruction
'
of Lyman Boulevard, north of Lake Riley Boulevard, includes 7% special assessments. That should be corrected
to 71% special assessments. To the benefitted properties. 25% municipal state aid funds and 4% from the city's
drainage funds. The second typographical errors, they're on page 17 of the report. Under cost estimates. The
'
fast paragraph. These costs. The report states these costs do include. That should say, these costs do not
include land or easement acquisition costs or cost of wetland mitigation. With that I will open the presentation
by discussing basically the study area of the proposed land use. I want to make sure this is showing up on the
'
monitors for the public. Basically the study area extends from Highway 5 at the north down to Trunk Highway
101, Kiowa Trail area. Then from east to west, from the east side of, from the city limits to currently
Chanhassen Hills addition west of Trunk Highway 101. Primarily this area is zoned single family residential
through this area. There is some mixed use along the primary corridors through the area. There's also some
,
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