4a. Preliminary and Final Plat for Highlands on Lake St. JoeC
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CITY OF `=`
CHANHASSEN
690 COULTER DRIVE 0 P.O. BOX 147 0 CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: Kate Aanenson, Planning Director
Dave Hempel, Assistant City Engineer
Diane Desotelle, Water Resources Coordinator
DATE: May 1, 1995
SUBJ: Revised Preliminary Plat and Final Plat for Highlands on Lake St. Joe
#93 -1 SUB
BACKGROUND
The Planning Commission originally reviewed this plat in February, 1993. The City Council
gave preliminary plat approval in July, 1993 and final plat approval in October, 1993. Since
the time of final plat, staff has been working with the City of Victoria as well as the applicant
to resolve a boundary issue that results in the most westerly 110 feet of the plat (Mr. Boley's
property) that falls within the city limits of Victoria. The applicants are requesting to proceed
with this plat and have made modifications based on ongoing negotiations with staff and the
City of Victoria. The major change to this plat is two additional lots, otherwise the integrity
of the plat remains the same. The`' other change is the elimination of a stub street west to the
city of Victoria. The original plat included 33 lots and 3 outlots. The revised plat includes
34 lots and 2 outlots.
ANALYSIS
When this plat was originally approved it included 33 single family lots and 3 outlots. When
the plat was first submitted in 1993, staff believed that access should be provided to the west
which is the Burau and Lano property. Since meeting" with the City of Victoria, Victoria has
determined that they can serve the Burau and Lano property with their own utilities, therefore,
staff finds access from this plat is no longer necessary to service this portion of land. The
second change is Lundgren Bros. has acquired the most southerly portion of the Brenda Roy
property. The property is adjacent to Minnewashta Parkway and includes what was Outlot B.
This property acquisition creates one additional lot (Lot 1, Block 3). The other issue with
this plat is the creation of a lot that does not meet the frontage requirements. The Roy
property is 275' deep and only 75' wide. Staff believes that the applicant is not increasing
MEMORANDUM
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' Revised Preliminary & Final Plat
Highlands on Lake St. Joe
May 1, 1995
Page 2
the non - conformity because the lot is still significantly in excess of the minimum lot size
requirement. The lot is approximately 20,000 square feet. The other lot that is being created
is 36,200 square feet. Section 20 -73 of the zoning ordinance addresses non - conforming lots
of record. Section 20 -73 (b) states, "No variance shall be given to construct a detached single
family dwelling on a non - conforming lot provided that it fronts on a public street or approved
private street and provided that the width and area measurements are at least seventy -five (75)
' percent of the minimum requirements of this chapter." The subdivision of this lot will not
add to its non - conformity. The lot will exceed the 75' requirements.
' All riparian lots are required to meet the 125' frontage requirement. All lots meet this
standard. Lots on the curve meet the setback at the 30' setback line. Lots 23, 25 and 27
need to be amended to meet the 90 foot frontage requirement. Staff believes that all other
' issues that were addressed in the preliminary and final plat conditions of approval would still
remain the same with minor modifications of the compliance table.
' SURFACE WATER MANAGEMENT PLAN (SWMP)
The City has adopted a Surface Water Management Plan (SWMP) since the original plat that
` serves as a tool to protect, preserve and enhance water resources. The plan identifies, from a
regional perspective, the storm water quantity and quality improvements necessary to allow
future development to take place and minimize its impact to downstream water bodies. In
' general, the water quantity portion of the plan uses a 100 -year design storm interval for
ponding and a 10 -year design storm interval for storm sewer piping. The water quality
' portion of the plan uses William Walker, Jr.'s Pondnet model for predicting phosphorus
concentrations in shallow water bodies. An ultimate conditions model has been developed at
each drainage area based on the projected future land use, and therefore, different sets of
improvements under full development were analyzed to determine the optimum phosphorus
reduction in priority water bodies. The development will be required to be constructed in
accordance with the City's Surface Water Management Plan.
Ponds 1 and 4 along the wetland adjacent to Lake St. Joe only need to be designed for water
quality purposes only. According to the SWMP, the wetland will provide storage for the 100-
' year storm. Pond 4 has been setback 10 -30 feet from the wetland edge to meet the buffer
strip width requirement for a natural wetland. On the other hand, ponds 2 and 3 remain
designed to reduce potential overflows to nearby streets and the City of Victoria. They are
currently designed to maintain pre - developed runoff rates for a 100 -year storm. Outlet
control structures are proposed to be used on all ponds as specified in the City's specification
book.
C
Revised Preliminary & Final Plat
Highlands on Lake St. Joe
May 1, 1995
Page 3
Storm Water Quality Fees
The SWMP has established a water quality connection charge for each new subdivision based
on land use. Dedication shall be equal to the cost of land and pond volume needed for
treatment of the phosphorus load leaving the site. The requirement for cash in lieu of land
and pond construction shall be based upon a schedule in accordance with the prescribed land
use zoning. Values are calculated using market values of land in the City of Chanhassen plus
a value of $2.50 per cubic yard for excavation of the pond. The proposed SWMP water
quality charge of $800 /acre for single - family residential developments will be waived since
the applicant is providing water quality treatment according to the City's SWMP standards.
Storm Water Quantity Fees
The SWMP has established a connection charge for the different land uses based on an
average city-wide rate for the installation of water quantity systems. This cost includes land
acquisition, proposed SWMP culverts, open channels and storm water ponding areas for
runoff storage. Single family residential developments will have a connection charge of
$1,980 per developable acre. The total gross area of the property is 36 acres, however,
approximately 9.8 acres is wetland. Therefore, the proposed development would then be
responsible for 26.2 acres resulting in a water quantity connection charge of $51,876. Since
the applicant is providing 2251.8 cubic yards of excavation above the normal water level in
pond 2 and 3 to retain the 100 -year storm, a credit of $2.50 per cubic yard or $5630 will be
provided. Therefore, a fee of $46,246 will be due payable to the City at time of final plat
recording.
SITE GRADING
The grading plan proposes grading the majority of the site to develop the streets, house pads
and stormwater treatment ponds. Some of the grading limits are right up to the wetland's
edge adjacent to Lake St. Joe. Since this wetland is classified as natural, a buffer strip
between 10 -30 feet wide, averaging 20 feet in width, must be maintained after construction.
The applicant will have to have the buffer limits staked and restored. Proposed stormwater
ponds 1 and 4 also have been modified to encroach less upon the buffer strip.
The plans are also providing temporary sediment basins to pretreat surface water runoff
during the grading phase of the development. These temporary basins will be eliminated once
the streets are constructed and the permanent ponding facilities are in place.
Erosion control measures are being incorporated in the development in general accordance
with the City's Surface Water Management Plan. According to the applicant's engineer, the
0
Revised Preliminary & Final Plat
Highlands on Lake St. Joe
May 1, 1995
Page 4
earthwork is proposed to balance on the site and therefore there will be no need to
import/export material from the site.
' Due to changes in the plat, the County Surveyor will need to re- approve the plat. The
applicant has requested to begin site grading after final plat and construction plan approval.
Staff finds this acceptable conditioned upon the applicant entering into the development
contract and providing the city with a financial security to guarantee site restoration and
erosion control measures.
' DRAINAGE
The construction plans propose four stormwater treatment ponds designed in accordance with
the City 's SWMP. Ponds 1, 3 and 4 will pretreat the stormwater prior to discharging into
Lake St. Joe. Pond No. 2 will pretreat stormwater runoff prior to discharging into the
wetlands in the southwest corner of the development. This pond is also being sized to
accommodate 100 -year flood storage and to maintain the predeveloped runoff rate from the
site. Detailed storm drainage calculations have been provided for this subdivision. Staff has
reviewed the storm drainage calculations and finds them acceptable.
UTILITIES
' The applicant has submitted detailed construction plans and specifications for the previous
project. Due to the elimination of the westerly stub street to Victoria, the construction plans
' required minor modifications. In addition, the specifications have been updated to reflect the
city's latest edition.
' Final construction plans and specifications have been submitted to the City for review and
formal approval by the City Council in conjunction with final plat approval. Staff finds the
plans acceptable.
' STREETS
' The street system has essentially remained the same with the exception of the westerly stub
street into Victoria which has now been deleted and replaced with Lot 17, Block 1.
Construction plans for the streets have been revised and upgraded to the City's 1995 Standard
Specifications and Detail Plates. Detailed construction plans and specifications have been
submitted to staff review and formal approval by the City Council in conjunction with final
platting.
At the end of Ridge Hill Road, a temporary cul -de -sac is proposed to be constructed within
existing right -of -way. Barricades will be placed at the end of the temporary cul -de -sac and a
Revised Preliminary & Final Plat
Highlands on Lake St. Joe
May 1, 1995
Page 5
sign indicating that "This street will be extended in the future." Staff will also place this
condition within the development contract which is recorded against all the parcels in the
development. This roadway extension is necessary for the future phase of the development
within the city of Victoria.
Assessments for the upgraded Minnewashta Parkway improvements (Project No. 90 -15) have
recently been discussed. The applicant and staff have reviewed the number of lots and
determined that the parcel will be assessed for 35 units at $760 per unit for a total of
$26,600. In addition, when the adjacent parcel to the south (future phase) is developed, the
city and applicant have determined that 21 units will be assessed at the unit rate and assessed
a total of $15,960. Should more lots be created during the platting of the future phase, the
assessment will also increase accordingly. To ensure that the future property owners are
aware of the Minnewashta Parkway assessments, staff will be placing a condition in the
development contract which states that the applicant agrees in writing that the plat should be
assessed for the Minnewashta Parkway Upgrade Improvement Project No. 90 -15 over the
property. Said assessments shall be deemed adopted on the date this contract is signed by the
city. The applicant/developer /property owner waives any an all procedural and substantive
objections to the special assessments, including but not limited to hearing requirements and
any claim that the assessment exceeds the benefit to the property. The applicant/developer /
property owner waives any appeal rights otherwise available pursuant to Minnesota Statute
§429.081.
COMPLIANCE TABLE
BLOCK 1
LOT AREA (Sq.Ft.) Wetland Setback (ft.)
(40' plus 10 -30' buffer, avg. 20 feet)
1 47,688 60
2 45,500 60
3* 30,900 60
4 42,000 60
5* 30,700 60
Revised Preliminary & Final Plat
Highlands on Lake St. Joe
May 1, 1995
Page 6
6*
28,500
7
43,900
8
59,300
9
53,700
10
43,600
11
40,200
12
55,400
13
37,800
14
29,600
15
23,700
16
21,500
17
19,800
18
20,000
19
22,100
20
34,800
21
31,600
22
20,100
23 **
21,800
24
22,700
25 **
22,800
26
22,000
60
60
60
60
60
60
60
60
50 (40' plus 0 to 20' buffer - avg. 10')
50 (40' plus 0 to 20' buffer - avg. 10')
Revised Preliminary & Final Plat
Highlands on Lake St. Joe
May 1, 1995
Page 7
27 ** 20, 100 -
* Non riparian lot
** Does not meet width requirement
BLOCK 2
LOT AREA (Sq .Ft.) Wetland Setback (ft.)
1 20,000
2 20,002
3 20,000
4 20,000
5 20,000
6 20,000
BLOCK 3
LOT AREA (Sq.Ft.) Wetland Setback (ft.)
1 36,200
2 20,400
OUTLOT A 19,400
OUTLOT B 93,600
PLANNING COMMISSION UPDATE
On April 19, 1995, the Planning Commission recommended approval of the preliminary plat.
A condition was added to reference the approved landscaping plan and to work with the
applicant to provide an entrance treatment and provide details consistent with the surrounding
Revised Preliminary & Final Plat
Highlands on Lake St. Joe
May 1, 1995
Page 8
area. The Commission also wanted to have the developer place in the restrictive covenants
that if docks are requested, a wetland alteration permit is required.
The applicant has worked with staff to prepare a revised landscaping plan. Landscaping
needed to be added to provide screening from views on Minnewashta Parkway across from
Lake St. Joe to soften the view from the homes. This has been completed as shown on the
landscaping plans dated 2/28/94.
RECOMMENDATION
Staff recommends the City Council adopt the following motion:
"The City Council approves the preliminary and final plat for Highlands on Lake St. Joe as
shown on the plans dated March 28, 1995 and April 21, 1995 prepared by Sathre - Bergquist
and landscaping plan dated February 28, 1994 subject to the following conditions:
1. The applicant shall enter into a development contract with the City and provide the
necessary financial security to guarantee the installation of the public improvements.
2. The applicant shall construct public utility and street improvements in accordance with
' the City's 1995 Standard Specifications and Detail Plates. Updated construction plans
and specifications shall be submitted to the City's Engineering Department for review
and formal approval by the City Council in conjunction with final plat approval.
3. The applicant shall obtain all necessary permits from the Watershed District, DNR,
Army Corps of Engineers, MPCA, Health Department and MWCC.
' * This condition has been met.
The applicant shall work with the staff to modify the grading plans to minimize
' grading adjacent to the wetland. The plans shall be revised accordingly.
4. Site restoration, vegetative cover and erosion control efforts shall follow the City's
' Best Management Practices Handbook for erosion and sediment control. All access
points from the construction site to a hard - surface road shall be surfaced with crushed
rock in accordance with the City's Best Management Practices Handbook.
' 5. The applicant shall place a sign on barricades at the end of the temporary cul -de -sac
on Ridgehill Road indicating "THIS STREET SHALL BE EXTENDED IN THE
FUTURE." Notice of the extension shall be placed in the chain -of -title of each lot.
Revised Preliminary & Final Plat
Highlands on Lake St. Joe
May 1, 1995
Page 9
* This condition has been met.
The applicant/developer /property owner waives any and all procedural and
substantive objections to the special assessments for the Minnewashta Parkway
Upgrade (90 -15), including but not limited to hearing requirements and any
claim that the assessment exceeds the benefit to the property. The
applicant/developer /property owner waives any appeal rights otherwise
available pursuant to MS §429.081. Phase I of the development shall be
assessed for 35 units and Phase II assessed for 21 units.
6. Compliance with the Park and Recreation Commission's recommendations of
acceptance of park and trail fees in lieu of land dedication. These fees will be paid on
a per lot basis at the rate in force upon building permit application. The current
residential park fee for single family dwellings is $900.00 per unit. Full trail
dedication fees in lieu of a trail easement. These fees are to be paid on a per lot basis
at the rate in force upon building permit application. The current residential rate for
single family dwellings is $300.00 per unit.
7. Compliance with the city's wetland regulation include permanent monumentation
staking setbacks and native vegetation. Wetland buffer areas shall be surveyed and
staked in accordance with the City's wetland ordinance. The City will install wetland
buffer edge signs before accepting the utilities and will charge the applicant $20 per
sign.
8. A buffer strip shall be provided adjacent to all wetlands. The wetland adjacent to
Lake St. Joe is classified as a natural wetland. The buffer strip width may vary from
10 to 30 feet wide as long as the average buffer strip width is 20 feet. The other
wetland is located on Lots 8 and 9, Block 1 and are classified as ag/urban. The buffer
strip width may vary from 0 to 20 feet wide as long as the average buffer strip width
is 10 feet. Only one building permit may be issued prior to a wetland buffer strip
which meets city ordinance is approved by the Planning Department.
9. Compliance with the Building Official's recommendations.
a. Details on corrected pads must be furnished to the Inspection Division. Pads
that are corrected at the time streets are installed should be submitted to the
Inspections Division before City acceptance of the subdivision. Data on lots
that are individually corrected shall be submitted before Certificate of
Occupancy is issued. Details on corrected pads should include a soils report
compaction tests, the limits of the corrected pads and elevation of the
excavation.
' Revised Preliminary & Final Plat
Highlands on Lake St. Joe
' May 1, 1995
Page 10
' * This condition has been met.
Lots 23, 25 and 27 shall be revised to meet the 90' street frontage requirement.
' * This condition has been met.
The landscaping plan including streetscape along Minnewashta Parkway shall
be in compliance with the city's requirements. In addition, the requirement of
' one tree per lot shall be required.
10. The existing dock on Lake St. Joe from the Boley property shall be removed at the
' time of grading within the plat. If the covenants do allow docks, the docks would
require a wetland alteration permit.
1 11. The applicant will be responsible for a storm water quantity connection charge of
$46,246. These fees are payable to the City prior to the City filing the final plat.
' 12. Site grading may proceed prior to recording of the final plat contingent upon the
applicant entering into development contract with the city and provide the city with a
financial security in the amount of $225,000 to guarantee erosion control measures,
' site restoration and grading."
' ATTACHMENTS
1. Memo from Steve Kirchman dated April 10, 1995.
' 2. Letter from DNR dated December 19, 1994.
3. Planning Commission minutes dated April 19, 1995.
4. Landscaping plan dated February 28, 1994 and Preliminary plat dated March 28, 1995.
' 5. Final plat dated April 21, 1995.
Manager's Comments: We have received a letter from Lundgren Brothers objecting to the
storm water quantity fees for Highlands on Lake St. Joe (see attached). I have discussed this
item with the city attorney and he informs me that the ordinance requiring the payment does
not give discretionary power to staff to set any fee other than as outlined in the ordinance.
Mr. Pflaum is basing his objection on the fact that he had previously received plat approval,
in 1993, and that the charge was not included in that previous approval. Again, the city
' attorney advises that that plat was never filed and ceases to exist as the time frame granted
for filing terminated approximately one year ago. Accordingly, this is a "new plat" and is
subject to all current "development costs." The ironic part about Mr. Pflaum's request is the
' fact that "Meadows at LongAcres" and "Woods at LongAcres" were approved during the time
frame after completion of the storm water management plan, but prior to the establishment of
fees to carry out plan improvements. In essence, these two plats "slipped through the cracks"
and the approximate $100,000 that was to have been collected from those two areas will now
become a general cost to all tax payers if the ultimate plan is to be accomplished.
DWA (5 -3 -95)
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Kate Aanenson, Planning Director
FROM: Steve A. Kirchman, Building Official h
DATE: April 10, 1995
SUBJECT: 93 -1 SUB (Highlands on Lake St. Joe, Lundgren Bros. Construction, Inc.)
I was as asked to review the subdivision proposal stamped "CITY OF CHANHASSEN,
REC E IVED, MAR 2 8 19 9 5, CHANHASSEN PLANNING DEPT. " for the above referenced
project.
Analysis:
Soils Report. A soils report showing details and locations of house pads and verifying suitability
of natural and fill soil is required for plan review purposes.
Recommendations:
The following conditions should be added to the conditions of approval.
1. Submit soils report to the Inspections Division. This should be done prior to issuance of
any building permits.`
g:\safety\sak\tnemos\plan\hjghind.kaI
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STATE OF
H[rteCESO Z%
DEPARTMENT OF NATURAL
WATERS - 500 LAFAYETTE ROAD, ST. PAUL,
PHONE NO. (612) 296-4800
December 19, 1994
The Honorable Don Chmiel
Mayor, City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317 -0147
Dear Mayor Chmiel:
PC,
RESOURCES
f
MN 55155 -4032
FILE NO.
APPROVAL OF CHANHASSEN'S SHORELAND MANAGEMENT ORDINANCE
Thank you for submitting your city's request for flexibility from
the statewide shoreland rules and your community's amended
shoreland management controls (which were adopted August 22, 1994)
for the Department of Natural Resources (DNR) review. I will
address the flexibility request first.
Your city staff presented memoranda which requested flexibility
from statewide standards in the following areas:
1. Lot Size and Width for Nonriparian Lots in Natural Environment
Shoreland Districts - 15,000 square foot lots (versus 20,000
square feet in statewide standards) and 90 foot lot width
(versus 125 feet in statewide standards).
2. Building Height - 35 feet (versus 25 feet in statewide
standards).
3. Impervious Surface - 35 percent impervious cover limit in
medium and high density residential zones and 70 percent
impervious cover limit for industrial land within the
shoreland district of Lake Susan (versus 25 percent impervious
cover limit in statewide standards).
The city's letters and attached materials adequately describe those
situations and justifies its request. I am hereby fully approving
the city's request for flexibility.
I also am informing you that the city's land use controls fully
comply with Minnesota Rules, Parts 6120.2500 - 6120.3900, and are
hereby approved.
AN EQUAL OPPORTUNITY EMPLOYER
The Honorable Don Chmiel
Approval of Chanhassen's Shoreland Controls
Page 2
We remain available to assist the city with implementation and
enforcement of the ordinance. As required by the ordinance,
notices of all hearings and notices of decisions for variances,
conditional uses, and amendments in shoreland areas must be
submitted to the Department. These should be sent directly to Area
Hydrologist Ceil Strauss at the following address: DNR - Division
of Waters, 1200 Warner Road, St. Paul, MN 55106.
I wish to congratulate you for the efforts of the city council,
planning commission, staff, and local citizens have taken towards
protecting the water resources of Chanhassen and the State of
Minnesota through the adoption of its land use controls which
include the statewide shoreland management standards.
Sincerely,
DIVISION OF WATERS
O
kzgh Aiu , Sup 1 ervisor
Land Use Management Unit
OS/CCS
c: Dale Homuth, Regional Hydrologist
Ceil Strauss, Area Hydrologist
Ed Fick, Shoreland Hydrologist
Diane Desotelle, Chanhassen Water Resources Coordinator
Pam Albrecht, Division Accountant
Planning ommission Meeting -Aril 19 1995
g g p ,
Specifically, the block be built out from the remainder of the building facade enclosing
' the entry area.
' 17. All roof mounted equipment shall be screened by walls of compatible appearing
material. Wood screen fences are prohibited. All exterior process machinery, tanks, etc.
are to be fully screened by compatible materials. As an alternative, the applicant can
use factory applied panels on the exterior to the equipment that would blend in with the
building materials.
' 18. The applicant shall provide aeration /irrigation tubing in each peninsular or island type
landscape area containing a tree that is less than 10 feet in width. The applicant shall
install automatic irrigation in all site landscape areas. A financial security (letter of
' credit or cash escrow) in the amount of $17,700.00 to guarantee landscaping for the
project.
I 19. The applicant shall enter into a site development contract with the city and provide the
necessary financial security to guarantee compliance with the terms of approval.
20. Staff and the applicant shall work together on the treatment for the entrance to provide
detail consistent with the surrounding development.
I All voted in favor and the motion carried unanimously.
' PUBLIC HEARING:
LUNDGREN BROS. CONSTRUCTION TO PRELIMINARY PLAT 36 ACRES OF
PROPERTY INTO 35 SINGLE FAMILY LOTS, HIGHLANDS AT LAKE ST. JOE,
LOCATED ON PROPERTY ZONED RSF, RESIDENTIAL SINGLE FAMILY AND
LOCATED ON THE WEST SIDE OF MINNEWASHTA PARKWAY, NORTH OF
' HIGHWAY 5 AND SOUTH OF LAKE ST. JOE.
Public Present:
Name Address
' Loane Burau
Jeanette & Jerry Boley
1225 78th Street
7414 Minnewashta Parkway
Tim Braff
7410 Minnewashta Parkway
Brenda Roy
7400 Minnewashta Parkway
'
Terry Rixe
7456 Minnewashta Parkway
X
Planning Commission Meeting - April 19, 1995
Kate Aanenson presented the staff report on this item.
Mancino: Does the commissioners have any questions? What's the most current landscaping
plan? What's the day of it? So that we can refer to it in our conditions.
Aanenson: It'd be 9- 27 -93, and that's the date probably that should be in the condition.
Mancino: Thank you. Does the applicant or designee wish to address the Planning
Commission?
Mike Pflaum: My name is Mike Pflaum. I'm the Vice President of Lundgren Brothers
Construction and I don't wish to make any type of a presentation unless the Planning
Commission has specific questions that they'd like to ask of me.
Mancino: Okay, is there anyone that has any questions? Doesn't seem to be at this point.
Mike Pflaum: I stand ready to answer any questions.
Mancino: Thank you. Do I have a motion to open the public hearing?
Conrad moved, Farmakes seconded to open the public hearing. All voted in favor and the
motion carried. The public hearing was opened.
Mancino: The public hearing is open. Does anyone wish to come up and speak about this
particular project?
Brenda Roy: My name is Brenda Roy. I live at 7400 Minnewashta Parkway. My question
is, my home... included I believe in the development.
Aanenson: This is your house right here.
Brenda Roy: My house is...
Aanenson: Right ... this is your house. That's the back portion of the lot...
Brenda Roy: What I'm wondering is, if I'm included. Is that going to affect my taxes?
Aanenson: You're not included in the plat. Just the back portion of your lot is being added
to the plat. Your existing home will be maintained the way it is. The area you have left is
20,000 square feet.
10
Planning ommission Meeting -Aril 19, 1995
g g P
Brenda Roy: But with the letter I just...
Mike Pflaum: The legal description of her property, of her homestead would be a lot and
block description with the Highlands on Lake St. Joe. The property has been incorporated in
' the plat split. My understanding is that that... affect whatsoever the valuation questions...
Brenda Roy: That's exactly what the City Council...
Mancino: Affect your property taxes.
' Aanenson: The best thing to do is call the Carver County Assessor.
' Mancino: Assessment office.
Brenda Roy: Okay. Thank you.
Mancino: You're welcome. Anyone else wish to make any comments or have any questions?
Seeing none, may I have a motion to close the public hearing?
Meyer moved, Nutting seconded to close the public healing. All voted in favor and the
motion carried. The public hearing was closed.
' Mancino: Any discussion? Well I guess I should ask for comments first. Bob, any
comments?
' Skubic: I have none.
Mancino: Ron.
Nutting: I don't really have any comments either.
Mancino: Ladd.
' Conrad: I think the variances are appropriate, if that's what they have to have. I think the
intent of the 125 foot and the rationale for the wider lots are,met through the pie shape that
we ultimately get from these lots so I have no problem with that. For staff, Lots 5 and 6 are
non, they're not riparian lot which means they can't have docks.
I Mancino: 3 too.
11
Planning Commission Meeting - April 19, 1995
Conrad: Yeah, and 3 too. And what prevents that. I don't know Kate if I really have a
question.
Aanenson: This is the same issue we went through with the Point at Lake Lucy. There's a
significant amount of wetland before you get to the dock. First of all it's pretty cost
prohibitive for an individual person to try to maintain that. They certainly have a right, if it's
a riparian lot, to go through the procedures. The same with on Lake Lucy. Certainly they
need a wetland alteration permit which gives us jurisdiction, review and control and at that
point we would certainly work to combine the docks, if that's a request. Originally when this
came through our intent was to try to not allow docks but we can't, again the DNR has some
control there. But because they need a wetland alteration permit, we would work to have
people combine to minimize the amount of alteration to the wetland.
Conrad: So each property owner would need a wetland alteration permit?
Aanenson: Correct. It would be similar to what we did on Point Lake Lucy.
Mancino: And is that part of the conditions?
Aanenson: There is an existing dock that we said had to come out because then, that was
number 15. That's just an ordinance requirement. I didn't ... but that they did need one. They
would have to go through that. If you wanted to add it, just so it's on the record for
edification but it would be an ordinance requirement.
Conrad: How do we inform the property owners, those that buy, that they are.
Aanenson: That's what I'm saying. We could put it in here but there's not any more
guarantee that they'd read these conditions. It's really onerous on the developer to let them
know what the process would be if they were to get a dock.
Mike Pflaum: Excuse me, could I address that for just a moment?
Mancino: Yes, you may.
Mike Pflaum: We interpreted the condition pertaining to the removal of the dock to mean
that none of the lot owners that abutted Lake St. Joe should have docks, and a declaration of
covenants for the subdivision prohibits docks ... That then should deal with it.
Aanenson: That was our original discussion too.
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Planning Commission Meeting - April 19, 1995
Mancino: Thank you Mike.
Conrad: That's all.
Mancino: Jeff.
Farmakes: No comments. I like it. Difficult piece of property.
Mancino: Mike.
Meyer: No comments.
Mancino: I had no comments. Do I have a motion?
Hempel: Excuse me ... there was one error in condition number 4 regarding grading. As Kate
pointed out earlier in the staff report, we are doing grading within the buffer strip. In the
wetland. Condition number 4 prohibits grading within the wetland buffer strip. I suggest
modifying that to the applicant shall work with staff to modify the grading plans to minimize
grading adjacent to the wetland.
Mancino: Thank you Dave.
Conrad: What did Dave just say? Say that again Dave. It says no grading shall take place
within the wetland buffer strip.
Nutting: He said adjacent to.
Conrad: But that can't happen anyway.
Aanenson: Can I clarify that with the map here? This was a condition of the original
' approval too. You can't grade, you stake that, put the erosion control along the edge of the
wetland. Okay. Then you're required to put a buffer strip. Either maintain what's there or go
back and revegetate it. There was an area in here that they had some grading close to the
' edge of the wetland so there is a problem to say that they can't grade at all within that buffer
strip. So what we're saying is, again you have a chance to meander that buffer strip. There's
' a minimum average. So what we're saying is that we're working with the applicant to
minimize the grading within the buffer strip but there are areas they can. This is a caveat that
says they can't at all. Certainly the intent is to minimize that.
Mancino: Will we still have the required average?
' 13
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Planning Commission Meeting - April 19, 1995
Aanenson: Certainly. Yeah, we're not going to vary from that. But they can go closer so
what we're saying is, that language is a little bit restrictive insofar as the flexibility that the
buffer strip allows.
Farmakes: So you want that first sentence to be replaced by what was just stated then?
Aanenson: Correct. The language that Dave just gave you.
Conrad: Which we've all forgotten Dave.
Farmakes: The applicant will work with staff to minimize grading within the buffer strip.
Mancino: Any more discussion?
Conrad: Well yeah, a little bit with Dave, as long as he brought this up. The buffer strip
may vary from 0 to 20. But that is not willy nilly. Isn't that based on how we perceive that
0 to 20 should be in place, meaning there's some places where 0 is not significant. Some
places where 20 is significant so do you review Dave the buffer strip and how any particular
applicant has treated that? Or can they just really meander that between 0 and 20 and really
it doesn't get the staff attention?
Aanenson: You can ask Mr. Pflaum about that. It gets our attention.
Mike Pflaum: It gets their attention.
Conrad: Okay. Well maybe that's a good enough answer but tell me about that because I
don't understand the process.
Hempel: In certain areas it's virtually impossible to give the 20 feet or a curvalinear shoreline
shapes of wetlands, depending on the road or built up grade for a lot pad but there are other
areas where there's an excessive amount of room there adjacent to a wetland to make up for
that... encroachment. One of the other things is the two storm water treatment ponds that you
see on the plan. Those we're looking at reducing down the size of those. They were
oversized originally to take a 100 year storm event. There's really no need to do that kind
of-storm water quality pond ... water quantity. So we're able to downsize those ponds a little
bit to pull those ponds back from the wetland... So we did have a little bit of flexibility there
in site grading to do that.
Mancino: So he personally goes out an inspects every day and checks.
14
Planning Commission Meeting - April 19, 1995
Conrad: That's what I'd expect him to do. Nothing else. Okay. I make a motion that the
Planning Commission recommends approval for the preliminary plat for Highlands on Lake
St. Joe as shown on the plans dated March 23, 1995 prepared by Sathre - Berquist and subject
to the conditions in the staff report with the changed point number 4 that would replace the
current wording and state that staff would work with the applicants to minimize grading
within the wetland buffer strip. And point number 15. If the covenants, huh. Point number
15 would read as worded, with the addition that states that if the covenants allow docks, I
think I'll keep it worded that way. I'm not sure. If the covenants do allow docks, the docks
would need a wetland alteration permit. I don't think we can take that right away from
somebody and the wording to say you can't because the covenants are restricting the
developer can. We can't. That's why I think I worded it that way. That's the, Jeff did you
say something?
Farmakes: Didn't you mention 16 also in regards to the dating of
Aanenson: Yeah. I think we should add as per landscaping plan dated September 27, 1993.
Conrad: Okay, that's kind of what I was going to say. That would be it on point number 16
per the landscape plan. End of motion.
Mancino: Do I hear a second?
Farmakes: Second.
Mancino: Any discussion?
Conrad moved, Farmakes seconded that the Planning Commission recommends approval of
' the preliminary plat for Highlands on Lake St. Joe as shown on the plans dated March 23,
1995, prepared by Sathre-Berquist, and subject to the following conditions:
' 1. The applicant shall enter into a development contract with the City and provide the
necessary financial security to guarantee the installation of the public improvements.
' 2. The applicant shall construct public utility and street improvements in accordance with
the City's 1995 Standard Specifications and Detail Plates. Updated construction plans
and specifications shall be submitted to the City's Engineering Department for review
and formal approval by the City Council in conjunction with final plat approval.
3. The applicant shall obtain all necessary permits from the Watershed District, DNR,
Army Corps of Engineers, MPCA, Health Department and MWCC.
15
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Planning Commission Meeting - April 19, 1995
4. The applicant shall wort with staff to modify the giading plans to minimize grading
adjacent to the wetland. The plans shall be revised accordingly. I
5. Site restoration, vegetative cover and erosion control efforts shall follow the City's Best
Management Practices Handbook for erosion and sediment control. All access points
from the construction site to a hard - surface road shall be surfaced with crushed rock in
accordance with the City's Best Management Practices Handbook.
6. All access points to the water retention ponds should be dedicated on the final plat as 20
foot wide drainage and utility easements. The access points for maintenance purposes
shall be a minimum of 4:1 slopes. Drainage and utility easements shall be dedicated
over all wetlands and water quality /retention ponds on the final plat.
7. The applicant shall place a sign on barricades at the end of the temporary cul -de -sac on
Ridgehill Road indicating "THIS STREET SHALL BE EXTENDED IN THE
FUTURE ". Notice of the extension shall be placed in the chain -of -title of each lot.
8. The applicant /developer /property owner waives any and all procedural and substantive
objections to the special assessments for the Minnewashta Parkway Upgrade (90 -15),
including but not limited to hearing requirements and any claim that the assessment
exceeds the benefit to the property. The applicant /developer /property owner waives any
appeal rights otherwise available pursuant to MS Sec. 429.081. Phase I of the
development shall be assessed for 35 units and Phase II assessed for 21 units.
9. Compliance with the Park and Recreation Commission's recommendations of acceptance
of park and trail fees in lieu of land dedication. These fees will be paid on a per lot
basis at the rate in force upon building permit application. The current residential park
fee for single family dwellings is $900.00 per unit. Full trail dedication fees in lieu of a
trail easement. These fees are to be paid on a per lot basis at the rate in force upon
building permit application. The current residential rate for single family dwellings is
$300.00 per unit.
10. Compliance with the city's wetland regulation include permanent monumentation staking
setbacks and native vegetation. Wetland buffer areas shall be surveyed and staked in
accordance with the City's wetland ordinance. The City will install wetland buffer edge
signs before accepting the utilities and will charge the applicant $20.00 per sign.
11. A buffer strip shall be provided adjacent to all wetlands. The wetland adjacent to Lake
St. Joe is classified as a natural wetland. The buffer strip width may vary from 10 to 30
feet wide as long as the average buffer strip width is 20 feet. The other wetland is
16
Planning Commission Meeting - April 19, 1995
located on Lots 20 and 21, Block 2 and are classified as ag /urban. The buffer strip
width may vary from 0 to 20 feet wide as long as the average buffer strip width is 10
feet.
' 12. Compliance with the Building Official's recommendations:
' a. Details on corrected pads must be furnished to the Inspection Division. Pads that are
corrected at the time streets are installed should be submitted to the Inspections
Division before city acceptance of the subdivision. Data on lots that are individually
' corrected shall be submitted before Certificate of Occupancy is issued. Details on
corrected pads should include a soils report compaction tests, the limits of the
corrected pads and elevation of the excavation.
13. Variance from the lot width requirements from the shoreland regulations be given on
Lots 8, 9, 10, and 11, Block 1.
' 14. The landscaping plan including streetscape along Minnewashta Parkway shall be in
compliance with the city's requirements. In addition, the requirement of one tree per lot
' shall be required.
15. The existing dock on Lake St. Joe from the Boley property shall be removed at the time
of grading within the plat. If the covenants do allow docks, the docks would need a
wetland alteration permit.
' 16. The applicant shall work with staff to prepare a revise the landscaping plans dated
September 17, 1993. Landscaping needs to be added to provide screening from views of
Minnewashta Parkway across from Lake St. Joe to soften the view from the homes.
17. The applicant will be responsible for a storm water quantity connection charge of
' $46,246.00. These fees are payable to the City prior to the City filing the final plat.
All voted in favor and the motion carried.
C
1 17
LUnDGREn
BROS. April 24, 1995
CONSTRUCTION
INC Mr. Don Ashworth
Chanhassen City Administrator
690 Coulter Drive
Chanhassen, MN 55317
Re: Storm Water Fees for Highlands on Lake St. Joe '
935 E. Wayzata Blvd.
Wayzata Dear Don: ,
Minnesota 55391
This letter is to object strenuously to a charge of $46,246.00 which the City has
(612)473 1231 proposed for "Storm Water Quantity Fees" for the Highlands on Lake St. Joe. The '
charge is set forth in some detail in the staff report for a minor amendment to the
Preliminary Plat for this project which is currently being processed. (We have acquired '
a portion of the adjacent Chanhassen homestead, which, when added to a previously
unbuildable outlot, will create a new lot and are also removing right -of -way for a street
connection to Victoria which Chanhassen no longer desires.) Under the previously '
approved final plat for Highlands on Lake St. Joe, we were not charged for any such
fees.
This project was first presented to the Planning Commission in February 1993. The
City Council approved the Preliminary Plat later that month with the requirement that
Lundgren Bros. obtain Victoria's approval for the portions of the Preliminary Plat
which lie within that City. Victoria asked for a land swap, which was unacceptable to
Chanhassen and Lundgren Bros., and in July 1993 the Chanhassen City Council agreed
to remove the condition requiring Victoria's approval and accept, instead, a "Yard
Easement" whereby Lundgren Bros. would grant the affected lots easements over the
Victoria land we had wanted to include in the plat.
Lundgren Bros. prepared a plat for the 1st Addition of the Boley project which was
approved by the City Council in October 1993. Instead of having 32 lots, the plat had
24, with the area adjoining Victoria platted as outlots. Lundgren Bros. intended to
grade the site in the fall and proceed with development in May of 1994, by which we
expected an amicable annexation of the property in Victoria would be accomplished.
Fortunately, we decided to postpone the grading.
What has transpired with Victoria in 1994 and to date this year is well known to you
and the City Council. Bruce Malkerson's March 15, 1995, letter to the Victoria
officials, a copy of which is attached, relates the history of our joint efforts. Lundgren
1 Mr. Don Ashworth
April 24, 1995
' Page 2
Bros. is hopeful that recent changes in Victoria may soon bring this difficult matter to a
1 mutually acceptable conclusion. Lundgren Bros. is grateful to you and the City of
Chanhassen for the support we have received throughout this process.
1 Lundgren Bros. has incurred considerable expense in land holding costs and attorney fees in
1994 and 1995 while we earnestly pursued resolution of the Victoria problem. In addition,
1 because of increases in the City's park and trail fees since our plat was first approved, we
now will have to pay almost $18,000 more in such fees than we had budgeted.
1 Obviously, we are concerned about these additional expenses. A successful resolution of
the annexation issue will help Lundgren Bros. by making the eight affected lots easier to
sell. Over time it will benefit Chanhassen through the increased real estate taxes it will
1 receive.
Whatever the outcome of this mutual endeavor, it does not seem fair that Lundgren Bros.
1 should be penalized for its participation by having to pay a impact fee that did not exist
when this project was first approved in 1993.
1 Very truly yours,
LUNDGREN BROS. CONSTRUCTION, INC.
1 Michael A. Pflaum
enclosure
1 cc: Terry Forbord