1a-1. Brenden Ponds Final Plat ApprovalI MEMORANDUM
1
CITY OF �
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Sharmin Al -Jaff, Planner 11 C V-T
Dave Hempel, Assistant City Engineer
DATE: November 3, 1994
SUBJ: Rezoning of 25.85 acres of property zoned RR, Rural Residential to RSF,
Residential Single Family, Second Reading
Final Plat to Subdivide 25.85 Acres into 19 single family lots and four outlots,
Brenden Pond
A 10% street grade variance for Pondview Court
PROPOSAL /SUMMARY
On September 26, 1994, the City Council approved the following:
Rezoning #94 -5 for property zoned RR to RSF for Brenden Pond as shown on the plans
dated August 30, 1994 and subject to the following conditions:
1. The applicant shall enter into a development contract containing all of the conditions of
approval for this project and-shall submit all required financial guarantees. The
development contract shall be recorded against the property. (This condition has not
changed).
2. The applicant shall meet all conditions "cif the Subdivision #94 -10. (This condition has
not changed).
Preliminary plat for Subdivision #94 -10 for Brenden Pond for 19 single family lots and 4
outlots with a variance to the street grade (10 %) on Pondview Court as shown on the plans
received August 30, 1994, subject to the following conditions:
' Brenden Pond
November 3, 1994
Page 2
' 1. 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 the
city's (BMPH) 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. (This condition has
not changed).
' 2. The applioant shall A with the City in develeping a landseaping F-efer-estatien plan On
' #-� The applicant shall provide the city with a legal description f e lands a in
pp p y ega o the c p g
' easements. The conservation easement shall permit pruning, removal of dead or diseased
vegetation and underbrush. All healthy trees over 6" caliper at 4' height shall not be
permitted to be removed.
' A total
number of 185 trees will be required for the forestation and tree replacement on this site.
Financial guarantees acceptable to the city will be required to ensure compliance. This
' plan shall include a list of all trees and size proposed to be removed. The plan shall be
submitted prior to final plat approval. Staff shall review the need for screening along
Lots 10 -12, Block 1 as it relates to the existing single family home to the west. (This
' condition has been partially modified since the applicant has submitted a landscaping
plan).
I 3. A snow fence shall be placed along the edge of tree preservation easements prior to
grading. (This condition has not changed).
' 4. Building Department conditions:
a. Revise Grading and Drainage Plan to indicate lowest floor level elevation, top of
' foundation elevation and garage floor elevation. This should be done prior to final
plat approval. (This condition has been met).
' b. Submit soils report to the Inspections Division. This should be done prior to
issuance of any building permits. (This condition has not changed).
' S. The applicant shall enter into a development contract with the City and provide the
necessary security to guarantee installation of the public improvements and compliance
with final plat conditions of approval. (This condition has not changed).
' 6. The applicant shall apply for and obtain permits from the appropriate re ulato agencies,
PP PP Y P regulatory g
' i.e. Watershed District, MWCC, Health Department, PCA, DNR, Army Corps of
Engineers, Carver County Highway Department and MnDOT and comply with their
conditions of approval. (This condition has not changed).
Brenden Pond
November 3, 1994
Page 3
7. The lowest fleeF elevation of all buildings adjaeent te ster-m water- peads er-wedands
shall have side slepes ef 104 fer- the fifst ten feet at the ner-mal water- level and fie fnefe
. (This condition
has been met).
8. The applicant shall report to the City Engineer the location of any drain tiles found during
construction and shall relocate or abandon the drain file as directed by the City Engineer.
(This condition has not changed).
9. Access to the individual lots shall be limited to the interior streets and not from Lake
Lucy Road with the exception of lots 1, 2, and 3, Block 1. (This condition has not
changed).
10. Fire Marshal conditions:
a. A ten foot clear space must be maintained around fire hydrants, i.e. street lamps,
trees, shrubs, bushes, NSP, NW Bell, cable television, transformer boxes. This is
to insure that fire hydrants can be quickly located and safely operated. Pursuant
to Chanhassen City Ordinance Sec. 9 -1. (This condition has not changed).
b. . (This
condition has been met).
C . Raditis of eul do saes shall be 4 feet, net 42 feet. ( This condition has been
met).
d. FiFe hydFants sha4l be located a Maximum of 300 feet ap (This condition has
been met).
11. Park and Recreation conditions:
a. A 5 feet wide eeaer-ete sidewalk en ene side ef Peadview GeuA exteading ne
Bfeaden Pang. The applicant is to construct this sidewalk and convey any and all
easements required by its alignment to the city. (This condition has been
partially met).
b. Full park and trail fees shall be collected per city ordinance in lieu of land
acquisition and /or trail construction. (This condition has not changed). ,
Brenden Pond
November 3, 1994
Page 4
' 12. The proposed development will be responsible for a water quantity user fee of $35,501
assuming 17.93 acres of developable land.
may fiet be assessed dependent t1pen the Lake Luey Read impr-e
medifioatiens te the fees, they will be ehanged pfier- to . (This condition has
' been partially modified).
' 13. The existing outbuildings and any septic system or wells on the site shall be abandoned
in accordance with City and /or State codes. (This condition has not changed).
' 14. Upon completion, the developer shall dedicate to the City the utility and street
improvements within the public right -of -way and drainage and utility easements for
permanent ownership. (This condition has not changed).
' 15. The appheant will need to develop a sedifneat and er-esien eentFel plan in fteeefdaftee
with the City's Best Management Pr-ae4iee Handbook and the SuFfaee Watef: Management
Plan f for- new developments. The plan shall be submiaed te the City fef
' (This condition has
been met).
16. All utility and street improvements shall be constructed in accordance with the latest
edition of the City's Standard Specifications and Detail Plates. Detailed street and utility
' plans and specifications shall be submitted for staff review and City Council approval.
(This condition has not changed).
' 17. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland
ordinance. The City will install wetland buffer edge signs before construction begins and
will charge the applicant $20 per sign. Any wetland alteration be mitigated in accordance
' with city ordinances and state laws as it relates to the orientation of Lake Lucy Road.
(This condition has not changed).
' 18.
1 `
beamed- (This condition has been met).
' 19. The appropriate drainage and utility easements should be dedicated on the final plat for
all utilities and ponding areas lying outside the right -of -way. The easement width shall
Brenden Pond
November 3, 1994
Page 5 ,
be a minimum of 20 feet wide. Consideration should also be given for access for
maintenance of the ponding areas. (This condition has been modified). '
20. Preliv,,;nar- . an fin plat approval shall — Eentingent upon the City
. (This condition has '
been met).
21. Outlot A shall be conveyed to the City for access to the Mancino parcel. A private street '
shall be designed and constructed by the applicant in accordance to the City's private
street ordinance over Outlot A. This private street shall serve a maximum of 4 single
family homes. Utility service (sanitary sewer and water) shall also be extended to the '
east line of Outlot A. (This condition has not changed).
22. The applicant shall dedicate to the city at no cost the future right -of -way for Lake Lucy '
Road through Outlot B. (This condition has not changed).
23. The developer and /or property owners shall waive any and all procedural or substantive
objections to the special assessments including, but not limited to, hearing requirements
and any claims that the assessment exceeds the benefit to the property. (This condition
has not changed). ,
24. Lake Lucy Road extension shall be constructed at a 32 foot width, curb to curb, if
possible. (This condition is not applicable with this subdivision since Lake Lucy
Road will be constructed under the City's public improvement project 92 -12).
The applicant is requesting approval to final plat 28.85 acres into 19 single family lots and 4
outlots. The site is located north of Hwy. 5, east of Hwy. 41, and south of Minnetonka Middle
School West. Access to the subdivision will be provided via an extension of Lake Lucy Road
which will connect this subdivision with Highway 41 to the west and Galpin Boulevard to the
east (through the Ryan property). A cul -de -sac, Pondview Court, extends north to service all of
the proposed lots with the exception of Lots 1, 2, and 3, Block 1. All of the proposed lots meet
or exceed the minimum 15,000 square feet of area with an average lot size of 24,956 square feet
with a resulting gross density of 1.2 units per acre.
Staff believes that this plat request is a reasonable one and is generally consistent with guidelines
established by the city's Comprehensive Plan, Zoning Ordinance and the Preliminary Plat
approved by the City Council. We find it to be well designed and consistent with the approved
preliminary platting for Brenden Pond Addition. We are recommending that it be approved with
conditions outlined in the report.
UTILITIES
' Brenden Pond
November 3, 1994
Page 6
r
On October 24, 1994, the City Council awarded the bid for the construction and extension of
Lake Lucy Road from Trunk Highway 41 to the intersection of Brenden Court. Street and utility
service most likely will not be available for individual home connection until spring of 1995.
It is not unusual for the developer to build their portion of the utility and street infrastructures
in conjunction with the City's project. Therefore, the City is comfortable in allowing the plat
to be recorded and authorizing a Notice to Proceed for the utility and street construction of
Brenden Pond contingent upon the applicant entering into a development contract with the City
and providing the necessary financial guarantees to comply with the conditions of approval. Staff
has received detailed construction plans for the utilities and street improvements and find them
in general conformance with the City's Standard Specifications and Detail Plates. The applicant
is also extending utilities along the access driveway (Outlot A) to the Mancino parcel east of the
development.
STREETS
Access to the development will be from the extension of Lake Lucy Road from Trunk Highway
41. This segment of Lake Lucy Road has been scheduled for construction with the City's
improvement project (92 -12). As mentioned, the City Council has awarded the bid for this
project back on October 24, 1994. The anticipated completion date is summer of 1995. The
applicant's street layout is compatible with the future extension of Lake Lucy Road and is
designed in accordance with the City's Standard Specifications and Detail Plates. Street grade
of Brenden Court is proposed at 10% which exceeds the City's 7% grade allowance and therefore
the variance is required.
DRAINAGE
The applicant has provided staff with an acceptable grading and drainage plan which also
provides adequate erosion control measures. The Brenden Pond development will be draining
via storm sewer into the storm drainage system to be constructed under the City's public
improvement project.
Staff has calculated the Surface Water Management fees (SWMP) for water quality and quantity
fees. Since this development will be connecting to the Lake Lucy Road drainage improvements,
it will sustain storm drainage assessments. Based on the breakdown on 17.93 acres of developed
land, staff has figured a water quality fee of $15,049.00 and water quantity fee less the proposed
storm sewer assessment of $18,641.00 for a total of $16,860.00. Therefore their total due for
water quality and quantity fees at time of plat filing is $31,909.00.
MISCELLANEOUS
Brenden Pond
November 3, 1994
Page 7
Upon review of the final plat and construction plans for Brenden Pond, the applicant will need
to dedicate to the City a 20 -foot wide trail easement centered on the common property line
between Lots 13 and 14, Block 1.
Final plat should be revised to include a 10 -foot wide drainage and utility easement over the
westerly 10 feet of Outlot B and the northerly 10 feet of Outlots C and D. In addition a drainage
and utility easement shall be dedicated over the DNR pond and wetlands in Outlot C up to the
100 -year flood elevation.
PARK DEDICATION
The Recreation Section of the Comprehensive Plan identifies this site as lying within the park
service area of Herman Field Park and the Minnetonka Intermediate School campus.
A trail is identified on the comprehensive trail plan, running east/west along the extension of
Lake Lucy Road and will be constructed as a part of this future road project.
The Park and Recreation Commission reviewed this application on August 9, 1994, and
recommended the Planning Commission require a 5 foot wide concrete sidewalk on one side of
Pondview Court extending north to the school property be incorporated into the construction
plans for Brenden Pond. The applicant is to construct this sidewalk and convey any and all
easements required by its alignment to the city.
The Park and Recreation Commission also recommended full park and trail fees be collected per
city ordinance in lieu of land acquisition and /or trail construction.
COMPLIANCE WITH ORDINANCE - RSF DISTRICT
Lot Lot Lot Home
Area Width Depth Setback
Ordinance 15,000 90' 125' 30' front/rear
10' sides
BLOCK 1
Lot 1 20,518 201.38' 125' 30750'
10'
Lot 2 21,973 175.57' 153' 30750'
10'
Lot 3 22,874 164.57' 145' 30750'
Brenden Pond
November 3, 1994
Page 8
10'
Lot 4
24,599
107.24'
175'
30'/50'
225' corner lot
10'
Lot 5
15,124
100.00'
155'
30'/50'
10'
Lot 6
18,070
95.00'
191'
30'/50'
10'
Lot 7
23,030
95'
239'
30750'
10'
Lot 8
24,486
95.00'
253'
30'/50'
10'
Lot 9
29,799
87.41' on curve
251'
30'/50'
10'
Lot 10
37,238
85.81' on curve
270'
30'/50'
10'
Lot 11
31,679
89.11' on curve
275'
30'/50'
10'
Lot 12
23,944
100'
255'
30'/30'
10'
Lot 13
34,419
55' on curve
210'
30'/30'
10'
Lot 14
27,857
60' on curve 178'
30730'
10'
Lot 15
24,448
77' on curve 212'
30'/30'
10'
Lot 16
24,097
155'
238'
30'/30'
10'
Brenden Pond
November 3, 1994
Page 9
Lot 17 23,699 108' 267' 30'/30'
10'
BLOCK 2
Lot 1 21,760 95' 228' 30'/NA
10'
Lot 2 24,544 139.73' 176' 30730'
10'
Outlot A 7,724
Outlot B 110,974
Outlot C 161,300 '
Outlot D 5,207
Wetland in Block 1 244,807
Lake Lucy Rd 71,667
Pondview Court 56,526
TREE PRESERVATION/LANDSCAPING
The applicant has submitted a Preliminary Tree Inventory Plan. The site contains significant
concentrations of mature trees along the west edge of Lots 4 through 13, and easterly portion of
Lots 1 and 2 of Block 2. Grading will only take place over portions of Lots 1 and 2, Block 2,
with the exception of a 30 foot wide conservation easement located at the edge of the site leaving
those trees intact. Grading will also affect a portion of the trees located on Lots 11, 12 and 13,
Block 1. The applicant will be required to replace these trees as required by ordinance. The
grading plan has been revised to eliminate any clear cutting of trees on Outlot B. Unfortunately,
a large number of trees will be lost due to the extension of Lake Lucy Road.
All of the vegetated areas that are being saved and will not be impacted by grading, shall be
preserved by a conservation easement. The Landscaping and Tree Preservation requirements state
that a landscape buffer is required when a subdivision plat is contiguous with a collector street.
Required buffering shall consist of berms and landscape materials consisting of a mix of trees and
1
Brenden Pond
November 3, 1994
Page 10
shrubs and /or a tree preservation area. The plan identifies plant material locations along Lake
Lucy Road as well as planting within each front yard. Appropriate financial security will be
required. This plan also show the type and size of trees proposed to be planted as well as the
location of berms along Lake Lucy Road. A reforestation plan attempts to replace all those trees
being lost due to grading and road extension. The city can require caliper replacement of trees.
The applicant has been working with staff to develop a reforestation plan to replace the tree
removal. The Lake Lucy Road project includes a streetscape plan similar to Minnewashta
Parkway. This applicant has incorporated this plan into the overall landscaping and reforestation
plan.
The following constitutes our calculation of the required forestation and tree replacement:
There is a 34% baseline canopy coverage (6.36 acre). Tree canopy within a designated wetland
is excluded from calculation. The required post development canopy coverage is 30 % or a total
of 5.6 acres of tree canopy. The developer is removing canopy coverage of 1.97 acres. They must
replace the removed canopy area at a rate of 1.2 times the canopy coverage area being removed.
The replacement planting is then calculated at 103,262 square feet (86,052 x 1.2). The number
of trees required for replacement planting is calculated at 95 tree's (103,262/1089). A total of 76
trees are shown along Lake Lucy Road. Thirteen trees will screen Mr. Clark's property as was
directed by the City Council. In addition, the applicant is showing 2 trees per lot through out the
subdivision. The total tree planting requirement as part of the development for forestation and
tree replacement is 95 trees. The applicant is showing 121 trees.
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves Rezoning #94 -5, Final Reading for property zoned RR to RSF for
Brenden Pond as shown on the plans dated November 2, 1994 and subject to the following
conditions:
The applicant shall enter into a development contract containing all of the conditions of
approval for this project and shall submit all required financial guarantees. The
development contract shall be recorded against the property.
The applicant shall meet all conditions of the Subdivision #94 -10.
Final plat for Subdivision #94 -10 for Brenden Pond for 19 single family lots and 4 outlots with
a variance to the street grade (10 %) on Pondview Court as shown on the plans received August
30, 1994, subject to the following conditions:
Brenden Pond
November 3, 1994
Page 11
Final plat for Subdivision #94 -10 for Brenden Pond for 19 single family lots and 4 outlots with
a variance to the street grade (10 %) on Pondview Court as shown on the plans received August
30, 1994, subject to the following conditions:
1. 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 the
city's (BMPH) 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.
2. The applicant shall provide the city with a legal description of the landscaping easements.
The conservation easement shall permit pruning, removal of dead or diseased vegetation
and underbrush. All healthy trees over 6" caliper at 4' height shall not be permitted to be
removed. A total number of 121 trees will be required for the forestation and tree
replacement on this site. Financial guarantees acceptable to the city will be required to
ensure compliance. This plan shall include a list of all trees and size proposed to be
removed.
3. A snow fence shall be placed along the edge of tree preservation easements prior to
grading.
4. Building Department conditions:
a. Submit soils report to the Inspections Division. This should be done prior to '
issuance of any building permits.
5. The applicant shall enter into a development contract with the City and provide the
necessary security to guarantee installation of the public improvements and compliance
with final plat conditions of approval.
6. The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
i.e. Watershed District, MWCC, Health Department, PCA, DNR, Army Corps of
Engineers, Carver County Highway Department and MnDOT and comply with their
conditions of approval.
7. The applicant shall report to the City Engineer the location of any drain tiles found during
construction and shall relocate or abandon the drain tile as directed by the City Engineer.
8. Access to the individual lots shall be limited to the interior streets and not from Lake Lucy
Road with the exception of lots 1, 2, and 3, Block 1.
9. Fire Marshal conditions:
1
Brenden Pond
November 3, 1994
' Page 12
a. A ten foot clear space must be maintained around fire hydrants, i.e. street lamps,
' trees, shrubs, bushes, NSP, NW Bell, cable television, transformer boxes. This is
to insure that fire hydrants can be quickly located and safely operated. Pursuant
to Chanhassen City Ordinance Sec. 9 -1.
' 10. Park and Recreation conditions:
I a. The applicant shall dedicate to the City a 20 foot trail easement centered on the
common property line between Lots 13 and 14, Block 1.
I b. Full park and trail fees shall be collected per city ordinance in lieu of land
acquisition and /or trail construction.
' 11. The proposed development will be responsible for a SWMP water quality and water
quantity user fee of $31,909.00 assuming 17.93 acres of developable land. These fees are
due at time of plat filing.
12. The existing outbuildings and any septic system or wells on the site shall be abandoned
in accordance with City and /or State codes.
13. Upon completion, the developer shall dedicate to the City the utility and street
improvements within the public right -of -way and drainage and utility easements for
permanent ownership.
14. All utility and street improvements shall be constructed in accordance with the latest
edition of the City's Standard Specifications and Detail Plates. Detailed street and utility
plans and specifications shall be submitted for staff review and City Council approval.
15. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland
ordinance. The City will install wetland buffer edge signs before construction begins and
will charge the applicant $20 per sign. Any wetland alteration be mitigated in accordance
with city ordinances and state laws as it relates to the orientation of Lake Lucy Road.
16. The appropriate drainage and utility easements should be dedicated on the final plat for
all utilities and ponding areas lying outside the right -of -way. The easement width shall
be a minimum of 20 feet wide. Consideration should also be given for access for
maintenance of the ponding areas.
20. The following drainage and utility easements shall be dedicated on the final plat:
a. A drainage and utility easement over the DNR pond and wetlands on Outlot C up
to the 100 -year flood elevation.
b. A drainage and utility easement over the westerly ten feet of Outlot B and the
northerly ten feet of Outlots C and D.
ATTACHMENTS
1. Plans dated
g:\plan\saIbrenden.cc
Brenden Pond
November 3, 1994
Page 13
'
17. Outlot A shall be conveyed to the City for access to the Mancino parcel. A private street
shall be designed and constructed by the applicant in accordance to the City's private street
'
ordinance over Outlot A. This private street shall serve a maximum of 4 single family
homes. Utility service (sanitary sewer and water) shall also be extended to the east line
of Outlot A.
'
18. The applicant shall dedicate to the city at no cost the future right -of -way for Lake Lucy
Road through Outlot B.
'
19. The developer and /or property owners shall waive any and all procedural or substantive
objections to the special assessments including, but not limited to, hearing requirements
'
and any claims that the assessment exceeds the benefit to the property.
20. The following drainage and utility easements shall be dedicated on the final plat:
a. A drainage and utility easement over the DNR pond and wetlands on Outlot C up
to the 100 -year flood elevation.
b. A drainage and utility easement over the westerly ten feet of Outlot B and the
northerly ten feet of Outlots C and D.
ATTACHMENTS
1. Plans dated
g:\plan\saIbrenden.cc