4. Edmunds Addition Reconsideration of conditions of metes and bounds subdivision approvalLI
F
CITY OF 4
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 Action by City Administrat67
Endorse ✓ W A
llodifie
Rejecte xx
TO: Don Ashworth, City Manager We Submitted to Co to Commissi"
FROM: Sharmin Al -Jaff, Planner R ��� Date SW�mitted to Com
DATE: August 2, 1994
SUBJ: Amend Conditions of approval for Subdivision (#93 -21) pertaining to site hook -up
to Sanitary Sewer and Water, located at 1861 Sunridge Court, Dan and Robin
Edmunds
BACKGROUND
' On October 11, 1993, the City Council approved a mett
parcel into two single family lots of 4.355 acres and
Bluff Creek Estates and east of Bluff Creek. "It is access
part of the Sun Ridge Subdivision and meet or exceed
' Ordinance. Current ordinances allow 2.5 acre lots in th:
was platted prior to 1987 under rural guidelines. The
' MUSA line but as a pre -1987 RR parcel, the 2.5 acre n
within the Sun Ridge Subdivision are served by septic
1 ANALYSIS
and bounds subdivision of a 6.875 acre
52 acres. The site is located south of
d via Sunridge Court. The two lots are
e minimum requirement of the Zoning
area. Sunridge Court is zoned RR and
rea has since been brought within the
iimum lot size still is required. All lots
One of the conditions that was .attached to" the ":metes and bounds subdivision stated: "The
applicant shall extend municipal sanitary sewer and water lines-to service the property. Detailed
construction plans for the extension of the utility lines shall be provided'to city staff for review
and formal approval. In addition,, the applicant will be required to enter into a development
contract with the City and provide the necessary security ,,to guarantee compliance of the
development contract. The subdivision shall be contingent upon the City Council approving the
development contract." The applicant is in agreement with the City Council on extending the
municipal sanitary sewer and water lines to Parcel A (contains the applicant's home which is
under construction); however, they are requesting that the City Council exempt Parcel B from
hooking up. Under current Rural Residential ordinances, the applicant should be able to utilize
a septic and well system if municipal sanitary sewer and water lines are not within 150 feet from
a subject property. Parcel B would qualify under this exemption, consequently, staff is
MEMORANDUM
C
0
Don Ashworth
August 2, 1994
Page 2
recommending approval of the applicant's request, contingent upon the applicant demonstrating
they have a primary and secondary septic site on Parcel B.
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves the amendment to the conditions of approval for subdivision #93 -21
to read as follows:
"The applicant shall have the option of either well and septic site on Parcel B or extend
municipal sanitary sewer and water lines to service the property. If the applicant elects
to go with the well and septic option, a grading plan showing two acceptable septic sites
shall be submitted for staff review and approval. If the applicant elects the option to
extend city sewer and water to Parcel B, then detailed construction plans for the extension
of the utility lines shall be provided to city staff for review and formal approval. In
addition, the applicant will be required to enter into a development contract with the city
and provide the necessary security to guarantee compliance of the development contract.
The subdivision shall be contingent upon the City Council approving the development
contract."
ATTACHMENTS
1. Letter from applicant.
2. Location map.
3. Subdivision.
4. Staff report dated 10/11/93.
Dan & Robin Edmunds
13050 Dahlia Circle #222
Eden Prairie, MN 55344
(612)943 -8629 or 448 -7688 '
July 12, 1994
City of Chanhassen '
Attn: Sharmain Al -Jaff, Planning Commission
690 Coulter Drive, POBox 147 '
Chanhassen, MN 55317
RE: 1861 Sunridge Court, Chanhassen, MN 55317 (Lot 5, Block 1) I
Request For Revision Of Sub - Division Requirements (A & B)
Dear Sharmain: '
This letter is to confirm our request for a revision to be made '
regarding the sub - division approval for Lot 5, Block 1 located at
1861 Sunridge Court, Chanhassen, MN 55317 with reference to
sewer /water. For your convenience, please find enclosed a copy
of the current, approved sewer /water plans for this property. '
To the best of our knowledge, current zoning conditions of the
Sunridge Addition (rural residential) allow for 2 1/2 acre ,
parcels, well- water, & septic sewer systems. Well -water & septic
sewer systems are only allowed if the location of the parcel or
building site is not within approximately 100 feet of existing
city sewer /water lines. ,
Therefore, please approve the sub - division of Lot 5 (into sub-
divisions or parcels A & B) based on the above paragraph. This '
approval would not require us to provide city sewer /water to Lot
5, and it would be acceptable for parcel A or B to have well -
water &/or septic sewer system. ,
But, because it is our intention to provide city sewer /water to
the home currently being built on Lot 5, (parcel B), and our
financial resources are limited, please include a separate
revision, approving the completion of only approximately 1/2 of
the construction illustrated in the enclosed plans.
This means, at this time, we can only construct a portion of the '
enclosed plan or the shortest distance possible enabling us to
"hook -up" the existing home to city sewer /water. Included in the '
construction of the sewer /water lines to "hook -up" the existing
home on parcel B, will be "T's" or sections of pipe allowing
parcel A the ability to "hook -up" (if want to) at some future
point. '
Also, in the future, whenever the city approves a re- zoning for
the Sunridge Addition allowing less than 2 1/2 acre sub - divisions '
we will apply for another split in Lot 5 for a parcel C, and
I
i
complete the enclosed sewer /water plans. This would involve
extending the water line through the cul -du -sac to the edge of
Lot 5, the sewer line through the remaining half of the property,
and possible other requirements. Unless, at that time, the city
intends to "develop" the entire Addition and assess the property
owners for their share of the cost.
Please note, we apologize for the request for urgency, however,
financial time constraints require that we receive
decisions /approvals in these regards as soon as possible. Please
let us know if you have any questions, or if we can assist in any
way. Thank you for your time and consideration.
Sincerely, D-
' Dan & Robin Edmunds
H
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City Council Meeting - October 11, 1993
disappointed he had signed it. He said he did not know he was signing an affidavit, and I'm not going to
identify the individual unless you state that has to occur.
Roger Knutson: No, you don't have to.
Councilman Wing: Then there's nothing more to be said Cliff.
Cliff Whitehill: Mayor, I thought this was an open hearing where everything was a matter of public record. We
could ask questions. They would be responded to. It's impossible for us to proceed without information that is
in the hands of one of the Council members who has stated at a public hearing, is part of the record. There's no
way for us to respond to that.
Councilman Wing: Call your neighbors.
Cliff Whitehill: It's on the record and that has cast this whole proceeding in doubt, under a black cloud and we
simply you know are unable to clear the record...
Councilman Wing: ...affidavits had been without question, it wouldn't have changed my decision whatsoever.
Those affidavits had very little to do with the public process and hearing. They simply didn't hold the weight
the others did so. I find that one is irrelevant to my decision.
Cliff Whitehill: That's directly contrary to the Minutes Mayor. He said it was the basis of his decision. If he
refuses to answer, I think it makes clear what the Association you know already has said that the whole matter
after the final hearing, this matter has been lacking in due process and fairness. We can't proceed. We can't
respond. So the Council can do what the Council does and it doesn't change the fact as to the inability to, for
the Association to be able to complete it's presentation so, if there is a refusal to answer, at some time in the
future that question will be answered I can assure you because under proceedings in law in a deposition there's
no immunity so it will be answered. Too bad it's going to have to be answered at a much later date. Thank
you.
Mayor Chmiel: Thank you Cliff. Is there any other visitor presentations? If not, we'll move right along.
PUBLIC HEARING: METES AND BOUNDS SUBDIVISION FOR LOT S. BLOCK 1, SUN RIDGE
INTO 2 PARCELS, 1861 SUN RIDGE COURT, DAN AND ROBIN EDMUNDS.
Public Present:
Name Address
Jeff & Gail Moody
Gareth Davies
1800 Sun Ridge Court
1831 Sun Ridge Court
Sharmin Al -Jaffa This is part of the Sun Ridge Subdivision. The applicant is taking Parcel 5 and subdividing it
into two parcels A and B. We have a total area of 6.8 acres. Parcel A will have 4.3 acres. Parcel B 2 1/2
acres. Parcel A has a house tinder construction. Both parcels have access to sewer and water. They also have
the option to a septic and well. They meet all the requirements of the ordinance. Again, it's a very simple
subdivision and we are recommending approval with conditions outlined in the report. Thank you.
8
t
1
1
1
City Council Meeting - October 11, 1993
Mayor Chmiel: Thank you Sharmin. Is there anyone at this time wishing to address this issue? As I mentioned
before, this is a public hearing.
Jeff Moody: I would like to.
Mayor Chmiel: Yes. Would you come forward and please state your name and address please.
Jeff Moody: Okay first of all my name is Jeff Moody. I'm at 1800 Sun Ridge Court which is the lot right
above these. First of all we were never informed this was on. We were informed tonight at 5:00 by our
neighbor that this was going to be happening. And when we bought our lot 3 years ago we came in here and I
discussed very much and dealt with Sharmin, the intentions that all the lots would stay the same that they were
plotted off and she gave me assurance that they would stay. That there'd be no splitting or subdividing in this
whole subdivision. And with that idea we went ahead and purchased the lot that we did. We based our views
locking over this lot that's going down there understanding that there would be one house there and only one
house. That's all I have to say.
Mayor Chmiel: Thank you Jeff. Yes sir.
Gareth Davies: My name is Gareth Davies. I live in 1831 Sun Ridge Court which is the area around to the
right hand side of this. The other side of the... I guess it's my only concern with this is that with regard to the
whole subdivision, is this creating a precedent or incremental... within the whole area? That's really my only
concern is that again, like Jeff, we moved into an area with very large lots and ... only concern is, are we creating
a sort of precedent here ... but do have an objection if it is being a precedent.
Mayor Chmiel: Thank you. Sharmin, maybe you'd like to answer that for Mr. Davies.
' Sharmin Al -Jaffa At the time when I met with Mr. Moody the ordinance allowed 1 unit per 10 acres. Since
then the ordinances have been amended and they allow 2 1/2 acres for each unit if they are located within the
MUSA area. So this change came about after the meeting I had with Mr. Moody. The second question is,
' would this create a precedent. Again, as long as the area of the lot is under, is above the 2 1/2 acres, then they
are meeting the requirements of the ordinance and we would allow the subdivision. We would recommend
approval of the subdivision.
Paul Krauss: If I can add to that. The ordinance didn't change as much as the MUSA line changed. I mean 2
1/2 acre zoning is the same the same zoning that Sun Ridge Court was approved under. Timberwood was
approved under. Lake Riley Hills was approved under. Any number of them. Those were approved with
typically lots larger than 2 1R acres. They used to be subject to the 1 per 10 rule. They no longer are. But
there was a safety measure built into the ordinance that said for these 387 ordinances, the 2 12 acre zoning
should be maintained. What we have here is an unusually large lot that happened to be able to be divided into a
2 1/2 acre standard. If there are other lots under similar circumstances, then there is a potential for additional
subdivisions. But in a lot of cases, for example in Timberwood, the homes were put in the middle of the lot and
you just simply can't get 2 1/2 acres. I don't know how much of a precedent it really sets.
Mayor Chmiel: Okay. One of the questions that I have too Paul, or Sharmin. Clarification regarding the septic
systems as opposed to sewer and water. And I know that, what's the distance that the sewer and water is from
this specific area?
i
City Council Meeting - October 11, 1993 1
Councilman Wing: I don't have any comments at this time. 1
10 1
Paul Krauss: Actually it is or will be quite close. With the adjacent RSF subdivision, it comes virtually up to
the property line from this spot.
,
Mayor Chmiel: If that comes directly up to the property line, my understanding is by the Metropolitan Waste
Control Commission is that it becomes mandatory to connect up to the sewer rather than going to a septic
system. At least that's what I was told when I moved into the city and I had to change from a septic system to
the city sewer and water.
Paul Krauss: I'd defer some of this to the engineer but I believe our ordinance stated within 150 feet of a line
and you have an on site sewer that fails, in those instances you're obligated to hook up. In this instance these
,
two lots will be on city sewer.
Mayor Chmiel: No, it says here that a full scale grading plan is not necessary unless the applicant elects to have
a second site. And that's my, I want to make sure that this is going to be sewer and water.
,
Paul Krauss: It is sewer. It's not water. At least my understanding.
Sharmin Al -Jaffa Correct. But the option remains open that if they want to go to septic as well, that is still an
option for them.
Even
Mayor Chmiel: though there's a requirement?
Don Ashworth: I don't believe so. I believe if sanitary sewer is available, the local ordinance requires
connection to the sanitary sewer.
Shanmin Al -Jaffa Even though Sun Ridge has been exempted? On the comprehensive plan, Sun Ridge has the
same criteria as Timberwood. It's been exempted from assessments.
,
Paul Krauss: Well yeah. We're not talking about assessments on Sun Ridge. We're talking about just the
additional lot.
Roger Knutson: There's an ordinance provision that specifies when you have to hook up and I believe, in a
second I can run upstairs and get it if someone has the book. I believe you have to hook up within ... you have a
certain time to hook up.
Paul Krauss: Yeah, it was always our understanding that these lots were going to hook up to sewer in any case
and—clarify the condition on that, that's perfectly fine with us.
Mayor Chmiel: Okay. Is there anyone else wishing to address this? 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
the motion carried. The public hearing was closed.
,
Mayor Chmiel: Discussion. Richard.
Councilman Wing: I don't have any comments at this time. 1
10 1
!J
J City Council Meeting - October 11, 1993
Mayor Chmiel: Okay. Colleen.
' Councilwoman Dockendorf: Sharmin, what is the rest of Sun Ridge look like? I'm getting at Mr. Davies'
concern about the area surrounding there. Is there a possibility of additional subdivisions that would meet the 2
1/2 acre requirement?
' Sharmin Al -Jaffa There is one...
Councilwoman Dockendorf: One lot? Okay. Nothing further.
Mayor Chmiel: Michael.
' Councilman Mason: Not at this time.
Mayor Chmiel: Mark.
' Councilman Senn: A question if I could for Roger. Roger, what kind of a situation does that put you in? I
mean now you have an ordinance that's one way. People have made decisions based on what was in effect at
that time. Now it's changed which alters that conditions and can affect their property. I mean is that just kind
' of like under the tough luck category?
Roger Knutson: I might try to struggle for a better term. But when people buy undeveloped land or when you
' buy property—right to change our ordinances and you sit up here and conditions change and lots need to be
changed regularly. This Council and prior Councils change the zoning ordinance and that's correct. People take
it.-Tight to change that zoning ordinance.
' Councilwoman Dockendorf. It happened to me and I was told hard cheese so.
Roger Knutson: I mean if you don't want to take any chances on that happening, then you go into a fully
' developed area where you can't see green space from any direction and then you know what you've got.
Paul Krauss: You know I guess I would argue though that the Planning Commission and City Council, when
they did tinker with those ordinances, they go the extra mile to protect those rural subdivisions by maintaining
the 2 1R acre lot requirement which they were designed under. Theoretically, if you're next door on a rural lot
that wasn't ... you could have a 15,000 square foot lot ... so there was a protective measure built into the ordinance.
Councilman Wing: Was public notification made of all the neighbors, as if normal procedure?
Sharmin Al -Jaffa We notified everybody, as far as I know but...
' Councilman Wing: I know these things aren't a perfect process. We get the mailing list. You have a CD
contract holder in Dubuque, they get the notice. We try as best as we can. Legal notice...
' Mayor Chmiel: Okay. I would hike to see this changed. Rather than giving the option of well or septic to
mandate that they municipal sanitary sewer and water lines are to service that property. And shrike the balance
of that item number 6.
1 11
City Council Meeting - October 11, 1993 1
Don Ashworth: May I add or clarify. That would be if feasible and meeting the distance requirements under the ,
ordinance.
Mayor Chmiel: Okay. Alright. I guess the question that was asked is establishing precedent. You said there's ,
one more lot that could be split?
Sharmin Al -Jaffa There's a possibility that that could be split, yes.
Mayor Chmiel: Okay. That I guess would be the answer that you have in regard to your question. Okay, is
there any other discussion? Michael. ,
Councilman Mason: With W. Moody's concern, and this may not be feasible but I'm wondering if there's a
way the City, when an ordinance is changed, is there any way we can figure out, I mean within reason, people '
affected by an ordinance like that as opposed to. I know it's put in the paper and I know notices are sent out
about public hearings but once an ordinance gets changed, and in this situation you know, I'm sure not everyone
reads the fine print in the Villager. Is there a way the City can let people know, like Sun Ridge Court or
Timberwood or whatever, that an ordinance has been changed? I don't know. '
Mayor Chmiel: I guess the only means that we have is by notification. We would have to send out to each of
those locations indicating that there would be those kinds of changes. Total numbers, I don't have the foggiest '
idea as to how many that might take.
Paul Krauss: I think in general, Councilman Mason, we do try. It's far from a perfect process and something as
ambiguous as does it affect me or doesn't it. We do try to notice. In fact, if you look at our mailing bill s,
you'd see...
Councilman Mason: Oh I guess what I'm looking for is in a situation where, I mean I assume that all the '
information was sent out. Example, for every one, when this ordinance was changed, was everyone notified that
lives in an area like Sun Ridge Court of a pending ordinance change? That's the question I guess.
Paul Krauss: In this instance it wasn't the ordinance that changed as much as it was moving the MUSA line '
which probably affected 500 or 600 households or more, that were in the former non MUSA area Many of
those people were in attendance at 19 public hearings... We had a mailing list I think that grew to about 160
people for that thing. But I couldn't honestly state that I know for a fact... We did try. We did try to make a
good faith attempt to do that and we certainly...
Mayor Chmiel: Any other discussion? Does anyone care to make a motion? I
Councilwoman Dockendorf: Did we close the public hearing?
Mayor Chmiel: Yes. ,
Councilwoman Dockendorf. Okay.
Mayor Chmiel: We brought it back to Council. ,
12 1
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City Council Meeting - October 11, 1993
Councilwoman Dockendorf. Well I will move it then. That we approve the subdivision and I believe you had a
stipulation as to the clarify whether have sewer and water hook -up.
Mayor Chmiel: It's item number 6, right.
Councilwoman Dockendorf: Right.
Mayor Chmiel: There's a motion on the floor. Is there a second?
Councilman Mason: I'll second it.
Resolution #93.100: Councilwoman Dockendorf moved, Councilman Mason seconded to approve
Subdivision #93 -21 as shown on the plans dated September 1S, 1993, subject to the following conditions:
1. The following easements shall be provided on the final plat:
a. Standard drainage and utility easements along each lot line.
b. If applicable, drainage and utility easements for the extension of municipal sanitary sewer lines shall-
be dedicated across Parcels A and B.
2. All areas disturbed during site grading shall be immediately restored with seed and disc - mulched or wood
fiber blanket within two weeks of completing site grading unless MnDot's planting dates dictate
otherwise. All areas disturbed with slopes of 3:1 or greater shall be restored with sod or seed and wood
fiber blanket in accordance to the City's Best Management Practice Handbook for erosion and
sedimentation control.
3. Full park and trail fees be paid at the time of building permit approval in the amount of the park fee in
force at the time of building permit application.
4. Erosion control measures shall be used along the westerly drainage easement line. No alteration shall be
permitted within the drainage easement.
' S. The ingress and egress easement shown along the west and east of Parcel A shall be eliminated.
6. The applicant shall extend municipal sanitary sewer and water lines to service the property.
voted in favor and the motion carried unanimously.
13
CITY OF
CHANHASSEN
I DATE:
CC DATE: 10/11/93
CASE #: 93 -21 SUB
By: A14aff/Hempel:v
STAFF REPORT
PROPOSAL:
Z
Q
V
J
Q
LOCATION:
APPLICANT:
Metes and Bounds subdivision of 6.875 acre parcel into two single family
lots of 4.355 acres and 2.52 acres.
1861 Sunridge Court
Dan and Robin Edmunds
1861 Sunridge Court
Chanhassen, MN 55317
Action by City Administratdll
Endorse
Modified
Rejecte
Dat j ' - 7 9 3
Date Submitted to Commission
.. Dete Submitted to C;"
— t o -I1
PRESENT ZONING: RR, Rural Residential
ACREAGE: 6.875 acres
DENSITY: 0.29 Units per Acre
ADJACENT ZONING AND
r
W
LAND USE: N - RSF; Bluff Creek Estates
S - RR; Residential Single Family
E - RR; Residential Single Family
W - Bluff Creek
WATER AND SEWER: Sewer is immediately available to the site with water service
available next spring.
PHYSICAL CHARACTER. The site contain a new single family residence. Bluff Creek runs
along the westerly portion of the site.
2000 LAND USE PLAN: Residential Large Lot
i
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Edmunds Subdivision
October 11, 1993
Page 2
PROPOSAL /SUMMARY
The applicant is requesting approval to subdivide a 6.875 acre site into 2 single family lots. One
of the lots will be occupied by an existing home (currently under construction - Parcel A). The
second parcel (Parcel B) will be available for future construction. The site is located south of
Bluff Creek Estates and east of Bluff Creek. The site will be accessed via Sunridge Court.
The proposed lots meet or exceed the minimum requirement of the Zoning Ordinance. Current
ordinances allow 2.5 acre lots int his area. Sunridge Court is zoned RR and was platted prior
to 1987 under rural guidelines. The area has since been brought within the MUSA line but as
' a pre -1987 RR parcel, the 2.5 acre minimum lot size still is required. Parcel A contains 4.4 acres
while Parcel B is 2.5 acres.
l
Municipal sanitary sewer is available to the site. However, municipal water will not be available
until June, 1994. A watermain is proposed to be extended to just north of the site in connection
with the Bluff Creek Estates 4th addition. The work is proposed to be completed in June of
1994. The applicant will then be able to extend water service through their parcels.
The site generally slopes to the west towards Bluff Creek. Staff is recommending that erosion
control measures be maintained throughout the construction process and until vegetation has been
reestablished. Erosion control measures and revegetation shall be in accordance with the City's
Best Management Practice Handbook for Erosion and Sediment Control.
The Park and Recreation Commission is recommending that park fees be paid in lieu of park
land.
Staff believes that this plat request is a reasonable one and consistent with guidelines established
by the city Comprehensive Plan and Zoning Ordinance. We find it to be rather straight forward.
We are recommending that it be approved with conditions as outlined in the report.
BACKGROUND
On October 19, 1987, the City Council recommended approval of Sun Ridge Subdivision. The
subdivision contained 6 lots. The area was brought within the MUSA line in 1991.
SUBDIVISION
The applicant is proposing to subdivide a 6.875 acre site into 2 single family lots. The density
of the proposed subdivision is 0.29 units per acre. Both lots meet or exceed the minimum 2.5
acres of area as permitted in the rural residential district. Neither Parcel A or B can be
subdivided further without an amendment to the Comprehensive Plan.
11
Edmunds Subdivision
October 11, 1993
Page 3
Staff notes that the proposal is consistent with the Comprehensive Plan and the Zoning
Ordinance. '
Streets /Access
Currently there is one driveway access to the lot. A second driveway access could be built off
of Sunridge Court. An ingress and egress easement is shown along the west and east of Parcel
A. It must be pointed out that at the present time, the parcel cannot be further subdivided due '
to site area restrictions.
Utilities
'
Two options exist for sanitary and water service to the subdivision. The options are either well
and septic systems or extension of municipal sewer and water into the subdivision. If the
'
applicant elects to have Parcel B on a well and septic system, a grading plan with two designated
septic sites will be required for review and approval by City staff.
'
If the applicant elects to extend City sewer and water to service Parcel B, then formal detailed
to ty
construction plans and specifications for utility extension will be required by City staff for formal
review and approval. In addition, this will require the applicant to enter into a development
'
contract with the City and provide the financial security to guarantee compliance of the
development contract. The applicant's house, which is currently under construction on Parcel
A, is to be connected to City sanitary sewer from the existing line located in the northwest corner
'
of the property. The applicant, in conjunction with the building permit, has paid the appropriate
sewer and water hook -up fees for Parcel A. On September 16, 1993, the Engineering Department
sent the applicant a letter of understanding with regards to sewer and water service to the parcel.
'
The letter basically outlined connection and hook -up charges for the parcel and also future sewer
and water service impact when the parcel subdivides. The letter also states that if the parcel
,
subdivides and does not extend sewer and water through the development, at some future point
when the sewer and water is extended past the property the current property owner will be
responsible for their fair share of the assessment even though the property is already connected
'
to City sewer and water. Another point in the letter indicates that if the property is to subdivide,
the City would be requiring them to extend sanitary sewer and water lines to the south property
line for future extension. The cost of the extension of theses utilities would be at the applicant's
,
expense in lieu of a lateral or connection charge. In summary, basically the applicant has two
options for sewer and water service as previously described; either a well and septic site which
would require the applicant to submit a grading plan and to include septic locations. The other
,
option would be for the applicant to extend sanitary sewer and water service lines through the
property in accordance with the City's standard specifications and detail plates. This would
involve the applicant entering into a development contract with the City and providing the
'
financial security to guarantee compliance of the development contract.
r
Edmunds Subdivision
October 11, 1993
Page 4
Grading and Drainage
' Due to the large lot sizes, only minimal site grading is anticipated with new home construction.
The terrain is most likely conducive to walkout -type dwellings. A full-scale grading plan is not
' necessary unless the applicant elects to have septic sites on Parcel B.
Driveway access to the parcel may require the installation of culverts underneath the driveways
to maintain drainage from Sunridge Court. This can be determined at the time of building permit
issuance as well as the culvert sizing.
t
Erosion Control
Erosion control measures shall be used along the westerly drainage easement line to protect Bluff
Creek. It is recommended that the proposed erosion control fence be the city's Type I along the
perimeter of the building site. Erosion control fence should be installed as required by the
Engineering Department when the applicant applies for building permit. The side slopes along
the rear of lots is steep. It is recommended that an erosion control blanket be used on slopes 3:1
or greater and that all disturbed areas be seeded within two weeks after grading unless MNDOT's
planting season dictates otherwise.
Easements
The plat shall indicate the following easements:
1. Standard drainage and utility easements along each lot line.
2. If applicable, drainage and utility easements for the extension of municipal utilities shall
be dedicated across Parcels A and B.
Wetland Protection
Wetlands occupy the western edge of the site, along Bluff Creek. This area is protected by a
drainage easement. Staff is recommending that no alteration be permitted within the drainage
easement. Erosion control measures must be used along the easement. These measures must be
in place and inspected prior to the start of grading activity.
Park and Recreation
Trails which are identified by the Comprehensive Trail plan in the area of Bluff Creek were
conveyed to the city when Sun Ridge was platted in 1987.
Edmunds Subdivision
October 11, 1993
Page 5
The Park and Recreation Commission recommended the City Council require full park and trail
fees be paid as a condition of approval. Fees to be paid at the time of building permit approval
in the amount of the park fee in force at the time of building permit application.
COMPLIANCE WITH ORDINANCE - RR DISTRICT
Lot Lot
Area Width
Ordinance 2.5 acres 90'
Parcel A 4.355 acres 180'
Home Home
Depth Setback
125' 50' front/rear
10' sides
622.61' 50'
Parcel B 2.52 acres 100' 697.59'
RECOMMENDATION
Staff recommends the City Council adopt the following motions:
"The City Council approves Subdivision #93 -21 as shown on the plans dated September 15,
1993, subject to the following conditions:
1. The following easements shall be provided on the final plat:
a. Standard drainage and utility easements along each lot line.
b. If applicable, drainage and utility easements for the extension of municipal
sanitary sewer lines shall be dedicated across Parcels A and B.
2. All areas disturbed during site grading shall be immediately restored with seed and disc -
mulched or wood fiber blanket within two weeks of completing site grading unless
MNDOT's planting dates dictate otherwise. All areas disturbed with slopes of 3:1 or
greater shall be restored with sod or seed and wood fiber blanket in accordance to the
City's Best Management Practices Handbook for erosion and sedimentation control.
3. Full park and trail fees be paid at the time of building permit approval in the amount of
the park fee in force at the time of building permit application.
4. Erosion control measures shall be used along the westerly drainage easement line. No
alteration shall be permitted within the drainage easement.
'J
1
Edmunds Subdivision
October 11, 1993
Page 6
5. The ingress and egress easement shown along the west and east of Parcel A shall be
eliminated.
6. The applicant shall have the option of either well and septic site on Parcel B or extend
municipal sanitary sewer and water lines to service the property. If the applicant elects
to go with the well and septic option, a grading plan showing two acceptable septic sites
shall be submitted for staff review and approval. If the applicant elects the option to
extend City sewer and water to Parcel B, then detailed construction plans for the
extension of the utility lines shall be provided to City staff for review and formal
approval. In addition, the applicant will be required to enter into a development contract
with the City and provide the necessary security to guarantee compliance of the
development contract. The subdivision shall be contingent upon the City Council
approving the development contract."
ATTACHMENTS
1. Memo from Steve Kirchman dated October 4, 1993.
2. Trail Easement agreement dated December 28, 1987.
3. Letter of understanding dated September 16, 1993.
4. Plat dated September 15, 1993.
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Sharmin Al -Jaff, Planner I
FROM: Steve A. Kirchman, Building Official 'r_
DATE: October 4, 1993
SUBJ: 93 -21 SUB (Edmunds, 1861 Sunridge Ct.)
I was asked to review the proposed subdivision of Lot 5, Block 1,
Sun Ridge.
The development is not currently; - served by City sewer and water,
and as such two approved onsite sewage treatment areas are required
to be identified and protected for each lot. The proposed
subdivision will leave parcel:B with only have one previously
approved treatment area. Due to' the marrow front footage of parcel
B the previously approved site °will cut off access to the lot. A
number of lots in this subdivision have been able to connect to
City sewer, but I'm unaware if parcel 'B will be able to do so.
Based on the above staff.Yrecommends the following condition be
included with the conditions of approval:
1. Two.onsite sewage treatment areas must be identified and
protected'in accordance with Chanhassen City Code 18 -40
(2)g. The site evaluator must', ,pbe licensed as such by
Carver County. .Treatment,..areas should be determined by
the " "owner' ' `eval "uator and (§V'iewed and approved by
I
Spec 3 vas on s a1±1 e ca _ r l� t a y. e. bdivision
I
1
7-
L
N Sec Z Z -Z
EASEMENT AGREEMENT
THIS INDENTURE made this i5 day. of , 19!
by and between Rodney D. Grams and Laurel A. Grams ,
hereinafter jointly referred to as "Grantors ", and the CITY OF
CHANHASSEN, a municipal corporation organized under the laws of
the State of Minnesota, the Grantee, hereinafter referred to as
the "City ".
The Grantors, in consideration of One Dollar ($ 1.00 and
other good and valuable consideration to them in hand paid by the
City, the receipt and sufficiency of which is hereby
acknowledged, do hereby grant unto the City, its successors and
assigns, forever, a permanent easement and right -of -way for trail
purposes over, across, on under and through land situated within
the County of Carver and State of Minnesota as described on
attached Exhibit "A ";
INCLUDING the rights of the City, its contractors, agents,
servants and assigns, to enter upon the easement premises at all
reasonale times to construct, reconstruct, inspect, repair and
maintain said trails over, across, on, under and through the
easement premises, together with the right to grade, level, fill,
drain, pave and excavate the easement premises, and the further
right to remove trees, bushes, undergrowth and other obstructions
interfering with the location, construction and maintenance of
the trails.
GRANTORS
s
' GRANTEE
CIT F ANHASSE
BY:
'
omas L. Hamil on, Mayor
( SEAL) BY:
Don Ashworth, ity Manager
The above named Grantors,
for themselves, their successors,
heirs and assigns do covenant
with the City, its
successors and
assigns, they are well seized
in fee title of the
above described
easement premises and they have the sole right to
grant and con-
vey the easement to the City:
IN TESTIMONY WHEREOF, the
parties hereto have
signed this
'
Agreement the day and year first above written.
GRANTORS
s
' GRANTEE
CIT F ANHASSE
BY:
'
omas L. Hamil on, Mayor
( SEAL) BY:
Don Ashworth, ity Manager
STATE OF MINNESOTA )
ss
COUNTY OF CAAA- � )
The foregoing instrument was acknowle ged before me this ,
a� `�` day of -ae� ;�.G�w , 19�, by
to me personnaly known to be the
persons) described in and who executed the foregoing instrument I
and acknowledged that - executed the same as
free act and deed of the pa ties.
Nptgry fjiblic ,
STATE OF MINNESOTA) KAREN d ENGELHARDT
NOTARY PUBW • MINNESOTA
s s CARVER COUNTY
COUNTY OF CARVER ) My 'so`°' 10-1"1
On this _3 /4,t day of
19FZ, before me,
a notary public within and for said
County, personally appeared
Thomas L. Hamilton and Don Ashworth,
to me personally known, who
being each by me duly sworn did say
that they are respectively
the Mayor and City Manager of the Municipal corporation named in
the foregoing instrument, and that the seal affixed to said
instrument is the corporate seal of
said municipal corporation,
and that said instrument was signed
and sealed in behalf of said
,
municipal corporation by authority of its City Council and said
Thomas L. Hamilton and Don Ashworth
acknowledged said instrument
to be the free act and deed of said
municipal corporation.
'
,
N y PJblic
DRAFTED BY:
'
V J. ENGCLHARDT
Grannis Grannis Farrell
NJ Pu^iIC - v . _SOTA
cnr v�R w
h1y eomm..,s;on e,,.
'
and Knutson
,
403 Norwest Bank Building
161 Concord Exchange
'
South St. Paul, MN 55075
(612) 455 -1661
EXHIBIT A
A 20. 00 Pot walAwag eztiement oven pant o� .Sun Raae.
The cent ea line ii d ei caibed as Pl.Lowa:
Be�tnning of the nvafhweaf cvicn.e.a. o� Lot 5, Bloch 1, SUN !MKS accvadina to the
' aecvaded pp lat theaeo�; thence vn an aaaumed bearing o� South 39 de Aeea 05 minufe..
36 seconda Cant a dultance o� 611.88 4et to a pvcnt on the noicfhweite/dy line o�
Lot 4 Bloch 1, SUN RM46i natal point being 80.00 fleet .no'afAeaafealy o� the moat.
' weatenlg coxne-A o� aaid Lot'4 as meaauned adong the aaid nvnt&eatedy .Line o�
aaid Lot 4; thence South do degneea 51 minutea 59 aec onda Faat a distance 4 250.00
eel-; Thence South 3 depeea 41. minutea 19 &econdi Cant a d iatance v� 172.00 � e et;
' thence South 72 depeea 32 mLnuteA 59 ae.co fiat a diat o� 149.72 eet to a
point on the weatenly .Line o� Lot 2, Bloch 1, SUN RIX&., ,aid point being 15.00
�eef nvathe.aatenly o7 the moat weate d j'- co/Men o� aaid Lot 2 as A' along .laLd
weatealy .Line v iaLd. Lof. 2; thence North 74 deg. eea 09 minutea 07 m-1- Caaf a
' A,itance o� 225 00 ee`f; thence South 52 d e$a e ea 05 minutea 56 aecvnda &at a
diAtance o� 220.00 Aef to a ppvinf on the iouthealcy .Line o� aaid Lot 2, aaid point
being 90. 00 Aef nonthweaten.C� o� the moat aouthedy coanea o� aaid Lot 2 as
' me�iauaed along the a vu fhealg lone o� aaid Lot 2; thence South 69 dep e- 51 minutia
18 .aecondi 6aat along aaid iouiAeAly line a A4fance o� 90.00 Aet to the moat
aoufhealcy coanen o� aaid Lot 2 and aaid centea Line these teAmLnating'.
' The aide .Linea o� aaid eaaemenf are to be pavlonped oa .ahvntened to Terminate at the
norfh and went linen o� aaid Lot 5 and the iloutheaatealy Linea o� Lots 2 aAd 3,
Bloch / SUN RIX6.
Alav a 20.00 Pot walkway easement oven pant o� Sun &dcde
deacni.6ed as �,ollowa:
The aouthe.uate.al and eaatealg 20.00 Aef o� Lots 1, 2 and 3. Bloch 1, SUN RIXE
and the aoutheicLg 20.,00 Aet v Lot 3, Bloch 1, SUN RIX6 ad,meaauned at aiL'.ht
anj.Lea to Audubon Road and C. S.A.11. No. 18, accoAAna to the aecvaded plat theAe.v�.
For
September 16, 1993
r,�i�r�] y
SE
Mr. and Mrs. Dan Edmunds "' ,
13050 Dahlia Circle, #222 tl L ? : D
Eden Prairie, MN 55344
Re: Letter of Understanding with Regards to Sewer and Water Service to Lot 5, Block 1, Sun
Ridge 2nd Addition - File No. PW -285j,
Dear Mr. and Mrs. Edmunds:
This letter is a follow -up to my conversation to Mrs. Edmunds regarding the sanitary sewer and
water hook -up to the above - referenced property. As we discussed, the City will allow for the
proposed house on Lot 5, Block 1, Sun Ridge 2nd Addition to be connected to City sewer from
the existing sanitary sewer line which is located in the northwest corner of the property. In
addition, when City water is available from the Bluff Creek Estates 4th Addition, the City will
also permit connection to the watermain. Connection to the municipal utilities (sewer and water)
shall be paid for at the time of building permit issuance. At this time you will only be charged
a hook -up charge which is $1,275 for the water and $970 for the sewer. The City is deferring
the typical connection charge until the property is subdivided or when sanitary sewer and water
is extended along/past your property. At that time you will be assessed for the lateral benefit.
If you proceed with subdividing the property prior to the City extending sewer and water past
your lot, you will be required to extend the sanitary sewer and water lines through the property
to the south property line for future extension. The cost of the extension of these utilities will
be at your expense in lieu of the lateral assessment typically charged (connection charge) by the
City.
CITY OF
/ %,j 4-.b"
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 0 FAX (612) 937 -5739
[l
j
Mr. and Mrs. Dan Edmunds
September 16, 1993
Page 2
If I have misstated any of our conversations, please contact me immediately. I wish for there
to be no misunderstanding with regards to the fees associated with connecting to City sewer and
water, therefore, please acknowledge by signing in the space provided below. This understanding
will run with the parcel so if in the future you sell the property the future owners will also be
bound by this agreement.
Sincerely,
CITY OF CHANHASSEN
David C. Hempel
' Assistant City Engineer
' DCH:ktm
c: Charles Folch, City Engineer
' Jean Meuwissen, Treasurer
Paul Krauss, Planning Director
Dan Edmunds
Robin Edmunds
CJ
/ �
D e
m
Date