1b-1 Final Plat for Royal Oaks Estates 1 2 -1
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CITYOF ______
1 CHANHASSEN
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,_ 690 COULTER DRIVE • • P.O. BOX 147 • • CHANHASSEN, MINNESOTA 55317
1 (612) 937 -1900 • FAX (612) 937 -5739
kW by CI[y Administrator
II MEMORANDUM btiorsed I/ D w PC
Moddied
TO: Don Ashworth, City Manager Rejected
' ;,�G — ate
FROM: Jo Ann Olsen, Senior Planner -J ' Dale Submitted to Commission
Dave Hempel, Assistant City Engineer /4)4(
I pate c��Cmitted to Counci{
DATE: June 23, 1993 k M
I SUBJ: Final Plat for Royal Oak Estates
On May 24, 1993, the City Council approved the preliminary plat (93 -8) and rezoning (#93 -2)
III from A2 to RSF for 23 single family lots for Royal Oak Estates with the following conditions:
1. The city shall accept full park fees to be paid at the time of building permit application
II at the rate then in force in lieu of park and land dedication; and
I This condition remains and shall be part of the development contract.
2. A 20 -ft. wide trail easement shall be granted to the city along the applicant's westerly
I property line (Lot 1, Block 1 and Lot 1, Block 2). Furthermore, that the easement on Lot
1, Block 2 shall be included in the grading plan for this project with a suitable trail bed
being prepared. This trail bed may meander within the easement alignment at the
I discretion of the applicant, but the eventual alignment must be conducive to future trail
construction, and is subject to approval as a part of the grading plan review. Planting of
trees shall be restricted to the areas east of the trail bench. Full trail fees shall be
I collected at the time of building permit application at the rate then in force to assist in
the financing of future trail construction.
I This condition remains and shall be part of the development contract.
3. The applicant shall pay an appropriate storm water trunk fee to be determined by the
City's storm water management consultant to contribute towards the future extension of
trunk storm sewer facilities.
I Since the city has not adopted a policy for storm water and trunk fees at this time
the condition should be modified as follows. "The applicant shall pay a cash
contribution into the city's Surface Water Management Fund for downstream water
1 f .jf PRINTED ON RECYCLED PAPER
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I Don Ashworth
June 23, 1993
I Page 2
quality improvements if the on -site storm water treatment facilities fail to meet the
city's water quality standards. The city's storm water consultant, Bonestroo, will
1 calculate the contribution based on final construction plans."
4. All street and utility improvements shall be constructed in accordance with the City's
I latest edition of Standard Specifications and Detail Plates. The street construction shall
include a drain tile system behind the curbs to accommodate household sump pump
discharge. Detailed construction plans and specifications for utility and street
I improvements shall be submitted to the City for review and approval prior to final
platting. Final construction plans and specifications are subject to City Council approval.
1 This condition remains and shall be part of the development contract.
I 5. The applicant shall submit detailed storm drainage and ponding calculations verifying the
pipe sizing and pond volumes. The storm sewer shall be designed and constructed to a
10 -year storm event. The retention pond will be reviewed by the City's storm water
I management consultant and constructed pursuant to guides implemented by the City's
consultant ( Bonestroo).
I This condition remains and shall be part of the development contract.
6. Erosion control plans and methods shall be consistent with the City of Chanhassen's Best
1 Management Practice Handbook.
This condition remains and shall be part of the development contract.
I 7. The applicant shall apply for and obtain all necessary permits from the regulatory
1 agencies such as the MPCA, Health Department, Watershed District and Carver County
Highway Department.
I This condition remains and shall be part of the development contract.
8. Prior to the City's signing the final plat, the applicant shall enter into a development
I contract with the City and provide the necessary financial security to guarantee
construction of the public improvements and compliance of the conditions of approval.
The development contract will be subject to City Council approval.
1 This condition will be met prior to the city signing the final plat.
I 9. The applicant shall provide, at a minimum, a right -turn lane (deceleration lane) along
County Road 117 and any other roadway improvements as required by the Carver County
Highway Department.
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Don Ashworth I
June 23, 1993
Page 3
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This condition is being met.
10. Should the end of the roadway not be connected with the parcel to the south, a temporary
1
cul -de -sac shall be constructed to meet City standards with a barricade and signage stating
that it is a temporary cul -de -sac and this road will be extended in the future. The
applicant shall dedicate to the City the necessary temporary roadway easement for
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portions of the cul -de -sac lying outside the right -of -way.
This condition is being met. 1
11. Preliminary plat approval shall be subject to the City Council ordering and awarding the
I
bid for Public Improvement No. 92 -5 for the extension of trunk sanitary sewer and
watermain improvements through the development.
This condition shall remain but shall read, "Final plat approval shall be subject to I
the City Council ordering and awarding the bid for Public Improvement No. 92 -5
for the extension of trunk sanitary sewer and watermain improvements through the I
development.
12. The applicant shall dedicate on the final plat the typical 5 and 10 -foot wide drainage and I
utility easements along all side, front and rear lot lines. In addition, drainage and utility
easements shall be conveyed for all pond retention areas which will include the newly
construction 12 inch line along the back of Lots 10 and 11, Block 1. 20 -foot wide
I
drainage and utility easements shall also be dedicated with the final plat on the following
areas:
a)
between Lots 11 and 12, Block 1 and Lots 10 and 11, Block 1. I
b) between Lots 1 and 2, Block 2.
however, condition is being met, , we need to add the following: I
c) the south 10 feet of Lot 12, Block 1 for an emergency overflow
1
d) the drainage and utility easement for the pond should be extended
southeasterly to the east line of Lot 11, Block 1
I
13. Should the parcel to the south (Rottlund - Windmill Run) not develop, this development
will be required to provide temporary on -site retention pond until the parcel to the south 1
develops and the storm sewer line is extended to Lots 1 and 2, Block 2.
This condition is no longer applicable since Rottlund is proceeding to construct the I
Windmill Run subdivision.
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Don Ashworth
June 23, 1993
' Page 4
14. The final grading plan shall denote the type of house and elevation of garage and lowest
floor for each lot.
This condition remains and shall be part of the development contract.
15. The existing house on Lot 1, Block 1 (Davidson's) shall connect to the municipal sanitary
sewer system proposed with the site improvements within 12 months after the connection
becomes available.
This condition remains and shall be part of the development contract.
1 16. The existing house on Lot 1, Block 1 shall relocate their driveway to access the new
street within 12 months after the new street is constructed.
This condition remains and shall be part of the development contract.
' 17. The City will spread the proposed trunk and lateral sewer and water assessments equally
over the proposed 23 lots.
This condition remains and shall be part of the development contract.
18. The landscaping plan shall be amended to provide boulevard landscaping in the form of
' berms and plant materials. The boulevard landscaping shall contain landscaping from the
primary specimen list and shall include Lot 1, Block 1. The landscaping plan shall reflect
existing trees which will be protected by a conservation easement. The required 1 tree/lot
' shall contain trees from the primary specimen lists for at least 14 lots.
The applicant has submitted a revised landscaping plan which meets the above
' condition. Staff recommends that primarily oaks be used for internal landscaping
to reforest the area with types of trees that use to exist in the area. Staff has also
reviewed the trees in the northeast corner and found them to be of low quality type
' which do not require a conservation easement.
19. Fire Marshal conditions:
a. Street names must be approved by the Chanhassen Fire Marshal, particularly since
' it will be connecting to the subdivision to the south. Street names must be
approved so as to avoid duplication, and house numbers match the city's grid
map.
' Staff recommends that the street name be Windmill Drive since it connects with the
subdivision to the south.
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Don Ashworth 1
June 23, 1993
Page 5
b. Relocate fire hydrants as shown on preliminary utility plan.
This condition has been met. 1
c. A ten foot clear space must be maintained around fire hydrants, i.e. street lights,
trees, shrubs, NSP, NW Bell, cable boxes, pursuant to city ordinance.
This condition remains and shall be part of the development contract.
d. Fire hydrant caps must be painted per City of Chanhassen Engineer Spec.
This condition has been met.
e. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to
provide all- weather driving capabilities. The roads shall be in place before
construction on new dwelling starts which is greater than 150' from County Road
117.
This condition remains and shall be part of the development contract.
f. If the road does not connect to the south to form a looped road, a temporary Fire
Department approved turnaround shall be provided. See preliminary utility plan.
This condition has been met with a temporary cul - de - sac.
RECOMMENDATION
Staff recommends the City Council approve the final plat for 23 single family lots for Royal Oak
Estates as shown on the final plat dated June 14, 1993, and subject to the following conditions:
1. The city shall accept full park fees to be paid at the time of building permit application
at the rate then in force in lieu of park and land dedication; and '
2. A 20 -ft. wide trail easement shall be granted to the city along the applicant's westerly
property line (Lot 1, Block 1 and Lot 1, Block 2). Furthermore, that the easement on Lot
1, Block 2 shall be included in the grading plan for this project with a suitable trail bed
being prepared. This trail bed may meander within the easement alignment at the
discretion of the applicant, but the eventual alignment must be conducive to future trail
construction, and is subject to approval as a part of the grading plan review. Planting of
trees shall be restricted to the areas east of the trail bench. Full trail fees shall be
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I Don Ashworth
June 23, 1993
I Page 6
collected at the time of building permit application at the rate then in force to assist in
the financing of future trail construction.
I 3. The applicant shall pay a cash contribution into the city's Surface Water Management
I PP P Y
Fund for downstream water quality improvements if the on -site storm water treatment
facilities fail to meet the city's water quality standards. The city's storm water consultant,
Bonestroo, will calculate the contribution based on final construction plans.
I 4. All street and utility improvements shall be constructed in accordance with the City's
latest edition of Standard Specifications and Detail Plates. The street construction shall
include a drain tile system behind the curbs to accommodate household sump pump
I discharge. Detailed construction plans and specifications for utility and street
improvements shall be submitted to the City for review and approval prior to final
platting. Final construction plans and specifications are subject to City Council approval.
' in
5. The applicant shall submit detailed storm drainage and ponding calculations verifying the
I pipe sizing and pond volumes. The storm sewer shall be designed and constructed to a
10 -year storm event. The retention pond will be reviewed by the City's storm water
management consultant and constructed pursuant to guides implemented by the City's
1 consultant ( Bonestroo).
6. Erosion control plans and methods shall be consistent with the City of Chanhassen's Best
1 Management Practice Handbook.
7. The applicant shall apply for and obtain all necessary permits from the regulatory
1 agencies such as the MPCA, Health Department, Watershed District and Carver County
Highway Department.
I 8. Prior to the City's signing the final plat, the applicant shall enter into a development
contract with the City and provide the necessary financial security to guarantee
I construction of the public improvements and compliance of the conditions of approval.
The development contract will be subject to City Council approval.
9. Final plat approval shall be subject to the City Council ordering and awarding the bid for
I Public Improvement No. 92 -5 for the extension of trunk sanitary sewer and watermain
improvements through the development.
1 10. The applicant shall dedicate on the final plat the typical 5 and 10 -foot wide drainage and
utility easements along all side, front and rear lot lines. In addition, drainage and utility
I easements shall be conveyed for all pond retention areas which will include the newly
construction 12 inch line along the back of Lots 10 and 11, Block 1. 20 -foot wide
1
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Don Ashworth 1
June 23, 1993
Page 7
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drainage and utility easements shall also be dedicated with the final plat on the following
areas: i
a) the south 10 feet of Lot 12, Block 1 for an emergency overflow
b) the drainage and utility easement for the pond Lot 11, Block 1 should be extended I
southeasterly to the east line of Lot 11, Block 1
11. The final grading plan shall denote the type of house and elevation of garage and lowest
I
floor for each lot.
12. The existing house on Lot 1, Block 1 (Davidson's) shall connect to the municipal sanitary
I
sewer system proposed with the site improvements within 12 months after the connection
becomes available.
13. The existing house on Lot 1, Block 1 shall relocate their driveway to access the new I
street within 12 months after the new street is constructed.
14. The City will spread the proposed trunk and lateral sewer and water assessments equally I
over the proposed 23 lots.
15. Fire Marshal conditions: I
a. The street name shall be Windmill Drive.
1
b. A ten foot clear space must be maintained around fire hydrants, i.e. street lights,
I trees, shrubs, NSP, NW Bell, cable boxes, pursuant to city ordinance.
e. Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to
provide all - weather driving capabilities. The roads shall be in place before
construction on new dwelling starts which is greater than 150' from County Road I
117.
16. The applicant shall dedicate to the city at no cost all easements necessary to extend trunk
I
utilities through the parcel.
17. The developer agrees, in writing, that the plat shall be assessed $163,076 for the extension
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of trunk and lateral sanitary sewer and water mains including services through the
property. Said assessments shall be deemed adopted on the date this contract is signed
by the city. The developer waives any and all procedural and substantive objections to
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the special assessment, including but not limited to hearing requirements and any claim
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1 Don Ashworth
June 23, 1993
Page 8
I that the assessment exceeds the benefit to the property. The developer waives any appeal
rights otherwise available pursuant to M. S. A. §429.081."
I ATTACHMENTS
1 1. City Council minutes dated May 24, 1993.
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City Council Meeting - May 24, 1993
Councilman Senn: That's all I want to be sure. With that caveat I'll move
approval. 1'
Councilman Wing: Second.
Resolution 193 -46: Councilman Senn moved, Councilman Wing seconded to award the
bid for Trunk Highway 101 turn lanes at Cheyenne Trail and Pleasant View
Road, Improvement Project No. 91 -6 to William Mueller and Sons at a contract
amount of $55,834.00 contingent upon receiving concurrence from MnDot on the
cooperative project. All voted in favor and the motion carried unanimously.
REQUEST TO REZONE AND SUBDIVIDE 13 ACRES INTO 23 SINGLE FAMILY LOTS, NORTH OF
HIGHWAY 5 AND EAST OF GALPIN BOULEVARD. ROYAL OAK ESTATES, BRETT DAVIDSON.
Jo Ann Olsen: This is a request to rezone property from A2 to RSF, single
family residential and to subdivide the 13 acres into 23 single family lots. The
area just got into the MUSA line with the recent Comprehensive Plan amendment so
it now could be subdivided with sewer and water. Sewer and water is being
brought to the site currently. The Planning Commission recommended approval
with the conditions from staff with a couple minor changes. We are recommending
that the City Council recommend approval with the conditions in the staff
report. '
Mayor Chmiel: Okay. Thank you Jo Ann. Is the developer here? Is there
anything that you'd like to say in regard to this proposal? '
Brett Davidson: Well just a couple things. First of all, my name is Brett
Davidson. I live here in Chanhassen on Gaipin Boulevard. I actually have a
house built on Lot 1, Block 1 so I live on the site presently and am developing
the site. The size and shape of the site make it what we figure is a very
straight forward subdivision...with staff, it ended up being about 23 lots as
you can see that are about half acre lots with one street in the middle
connecting to the parcel to the south, which is owned by Rottlund Company.
About the only comment we have or question that we have is on recommendation
number 3, which is on the surface water management and the trunk storm sewer
project... Because I guess it's still a little bit of a nebulous amount and I'm
not sure exactly how it's going to work, I guess we would like, at least to
express what we think the intent is, and maybe see if it's true or not true. We
think their intent is to assess whatever acreage is not already being provided
permanent ponding facilities and that we would be given credit for all acreage
that we are providing from the ponding facilities too. And to explain just a
little bit, we provide ponding for about 4 or 5 acres of our own site. On the
back part of our site. On the east side of the site. In addition to that,
we'll be providing ponding for a portion of the Rottlund piece of property which
is the property to the south of our's. So we may end up providing ponding into
the order of 8 to 10 acres on site. We would assume then that we would be given
credit for whatever that total amount comes up to for the assessment, and then
also that we would only be assessed for whatever portion of our property does
not have permanent ponding associated with it. Is that a... '
Jo Ann Olsen: 1 believe that's true and we can confirm that before final plat
approval. I think you've got the numbers set now too so we can start giving you
dollars. Yeah, that will all be established before the final plat.
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II City Council Meeting - May 24, 1993
Brett Davidson: That's my only comment really. Obviously I'll answer any
II questions that you have.
Mayor Chmiel: Okay. If there are questions, we'll direct them back. i
II Brett Davidson: Thank you very much.
Mayor Chmiel: Any discussion? Richard.
II
Councilman Wing: I've been struggling. Everytime these come through, the
development's good and I look at all these little if's and but's and items 1
I thru 13 and the MUSA line's where. I'll tell you I'm going to give a 2 minute
personal concern. The MUSA line is where it is and suddenly we find out we have
no developable land so we have to move the MUSA line so we have some developable
I land and I say, what for. So we develop it and it's all high density and
maximum useage and everytime I see these fields filling in with all these homes,
I panic. And I can't stop development, nor am I necessarily even against it but
I look at the number of homes and the number of cars and service levels and the
I public safety impacts and I just saying, geez. Everytime we open land it just
fills in and are we filling it in the proper way and I'm starting to question if
we shouldn't be clustering and looking for open space and maybe the same density
I but different ways. So this is just another one of those developments that is
just covering our city and I'm not sure we know what we're doing but I have no
compalints. It's a good development and other than the philosophical thing that
II I would like to, well we're doing that in every community now. Thank you for
your comments. That's all. Nothing more.
Mayor Chmiel: I don't disagree with basically some of your concerns. I guess
II everybody's and I think we're dealing quite well with them. Just in looking at
some of the square footages contained, there's only one lot in here that's
15,381 which is our minimum. Many go from 23 to 37, 17, 18, 18, and 22 and I
I think the least amount after that is a couple of 16,000 so at least some
consideration is given for just a little larger size of lot that I still like.
Councilwoman Dockendorf: Well I couldn't agree more and you look at them
II piecemeal and they look wonderful and you look at them all together and it looks
like urban, suburban sprawl and it is but what can you do. Strictly on a piece
of land like that where the only thing it really allows for is a pretty
II unimaginative one street down and houses on either side. My question to Jo Ann
I guess is, I didn't understand exactly what was going on with the street.
Dealing with Carver County.
II Jo Ann Olsen: You mean as far as the right -of -way required?
Councilwoman Dockendorf: Right.
II Jo Ann Olsen: We know a certain amount that we need to acquire and that's what
we ask them to dedicate that. Is that.
II Councilwoman Dockendorf: No, that's not what I'm talking about. Oh, let's see.
It's talking about access points in relation to the other subdivisions. Windmill
Run and Royal Estates.
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City Council Meeting - May 24, 1993
Jo Ann Olsen: Oh, what they're looking at is, if these two subdivisions are
coming together, we would probably only have one access point for the two pieces 1
and you're trying to locate so it goes directly across from the development to
the west. That is now coming in also. Since they didn't come in together, what
we're just trying to look at is the possibility that one of them might be closed
II
and that we might just use one. Now Windmill is coming in. Continuing. They
had stalled for a while so we weren't even sure if it was going to go through.
So we might still have that ability. So there's still an opportunity. I'm not II sure that we will come up with another alternative but we're still looking at
that.
Councilwoman Dockendorf: And again, that's one of our biggest problem is that
II
these are all being developed at their own time schedules and things aren't
being coordinated which you know, I don't know if we can help that or not.
I don't have anything further.
II
Mayor Chmiel: Okay. Michael.
Councilman Mason: I share some of Councilman Wing's concern, as I think the 1
whole Council shares those concerns. We discussed this before and I suspect
we'll continue to discuss it. I'm not sure that larger lot sizes are the way to
tackle that issue. It seems to me by doing that we get the houses further apart
II
which is nice, but then it also creates more housing area in the city and I'm
not quite sure what that does for the suburban sprawl. ...before and I suspect
we'll continue to. And maybe at some point we'll come to grips with it. It II looks pretty well planned out and pretty straight forward.
Mayor Chmiel: Thanks. Mark.
Councilman Senn: Do we know how, I mean if you assume the other project goes I
to the south of the...do we know how many units that's going to be?
II
Jo Ann Olsen: Oh yeah, I do know that. I think it's, I'm drawing a blank. I
believe it's 37... Right, because I knew it was more acres so 37.
II
Councilman Senn: I guess the only question I had and I guess this goes a lot
back to some of the concerns that already have been stated. Would it be at all
possible to kind of go ahead at this point and make some assumptions on that and
land bank a piece of ground here which would tie with the next development in II
creating a neighborhood open space or park or something?
Jo Ann Olsen: That has been reviewed by the Park and Rec Department. Actually II
Todd is here but they determined that a neighborhood park was not ncessary at
this site. Perhaps you can. II Councilman Senn: I'm not saying park necessarily. I'm saying open space or for
park, I mean if you combine this project with the rest of the loop. I mean it
seems to me that we've got a space that.
II
Hoffman: That region of the city is in a park deficient area. What we look for
is try to gather up enough, either park fees so you can go ahead and purchase a II piece of property. Or if you have a large enough development which comes in,
that you can then acquire a portion of that development as a park, you take the
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City Council Meeting - May 24, 1993
property at that time. So in essence what we're doing here is taking the fees
on these smaller developments and then using those fees in a purchase of park
property later on down the line. The Park Commission is taking on the effort to
update the recreational section of the City Comprehensive Plan and will be
identifying specific park sites in the city's park deficient areas which this
' Galpin Boulevard, east /west area happens to be. So they're looking for a piece
of park property in that general vicinity. The Council may be aware of the Song
proposal which is coming on line here. The Park Commission will be looking at
that property, which is just west of this site, across Galpin Boulevard as a
potential site for a neighborhood park as well. So they're looking for the site
but taking a little piece of open space or a little playground in each
' neighborhood from a maintenance and upkeep standpoint, is not the best approach
to take. You try to consolidate those needs within a service area which is
approximately half a mile for a neighborhood park.
Mayor Chmiel: Okay. Anything else Mark?
Councilman Senn: No.
1 Mayor Chmiel: The only thing that I have to add to this in addition is the
ponding calculations that they're looking at for this and it's possible probably
' that the applicant's engineer is to reconfigure the pond within the area that
there are trees so that trees, those trees could be saved. And I'd like see
that really brought forward for that particular aspect of it. Okay. I think
that's about all that I really had to add to the discussions that we had. I
would like to have a recommendation from City Council with an approval to accept
and approve the request, 93 -2 to rezone 13 acres of property zoned A2,
Agricultural Estates to RSF, Residential Single Family and subdivision 93 -8 for
' Royal Oak Estates to create a 23 single family lots as shown on the plans dated
April 7, 1993 subject to the following conditions of items 1 thru 20.
' Councilwoman Oockendorf: I move approval.
Mayor Chmiel: Is there a second?
Councilman Mason: Second.
Councilwoman Dockendorf moved, Councilman Mason seconded to approve Request
' $93 -2 to rezone 13 acres of property zoned A2, Agricultural Estates to RSF,
Residential Single Family and Subdivision #93 -8 for Royal Oak Estates to create
23 single family lots as shown on the plans dated April 7, 1993, subject to the
following conditions:
1. The City shall accept full park fees to be paid at the time of building
permit application at the rate then in force in lieu of park and land
dedication; and
2. A 20 foot wide trail easement shall be granted to the city along the
' applicant's westerly property line (Lot 1, Block 1 and Lot 1, Block 2).
Furthermore, that the easement on Lot 1, Block 2 shall be included in the
grading plan for this project with a suitable trail bed being prepared.
This trail bed may meander within the easement alignment at the discretion
of the applicant, but the eventual alignment must be conducive to future
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City Council Meeting - May 24, 1993
trail construction, and is subject to approval as a part of the grading
plan review. Planting of trees shall be restricted to the areas east of
II
the trail bench. Full trail fees shall be collected at the time of
building permit application at the rate then in force to assist in the
financing of future trail construction.
II
3. The applicant shall pay an appropriate storm water trunk fee to be
determined by the City's storm water management consultant to contribute
towards the future extension of trunk storm sewer facilities.
II
4. All street and utility improvements shall be constructed in accordance with
the City's latest edition of Standard Specifications and Detail Plates.
II
The street construction shall include a drain tile system behind the curbs
to accommodate household sump pump discharge. Detailed construction plans
and specifications for utility and street improvements shall be submitted II to the City for review and approval prior to final platting. Final
construction plans and specifications are subject to City Council approval.
5. The applicant shall submit detailed storm drainage and ponding calculations 1
verifying the pipe sizing and pond volumes. The storm sewer shall be
designed and constructed to a 10 year storm event. The retention pond will
be reviewed by the City's storm water management consultant and constructed
II
pursuant to guides implemented by the City's consultant (Bonestroo).
6. Erosion control plans and methods shall be consistent with the City of
I
Chanhassen's Best Management Practice Handbook.
7. The applicant shall apply for and obtain all necessary permits from the II regulatory agencies such as the MPCA, Health Department, Watershed District
and Carver County Highway Department.
8. Prior to the City's signing the final plat, the applicant shall enter into
II
a development contract with the City and provide the necessary financial
security to guarantee construction of the public improvements and
compliance of the conditions of approval. The development contract will be
subject to City Council approval.
II
9. The applicant shall provide, at a minimum, a right -turn lane (deceleration
lane) along County Road 117 and any other roadway improvements as required 1
by the Carver County Highway Department.
10. Should the end of the roadway not be connected with the parcel to the
II
south, a temporary cul -de -sac shall be constructed to meet city standards
with a barricade and signage stating that it is a temporary cul -de -sac and
this road will be extended in the future. The applicant shah dedicate to
the City the necessary temporary roadway easement for portions of the
II
cul -de -sac lying outside the right -of -way.
11. Preliminary plat approval shall be subject to the City Council ordering and
II
awarding the bid for Public Improvement No. 92 -5 for the extension of trunk
sanitary sewer and watermain improvements through the development.
II
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II
II City Council Meeting - May 24, 1993
12. The applicant shall dedicate on the final plat the typical 5 and 10 foot
wide drainage and utility easements along all side, front and rear lot
lines. In addition, drainage and utility easements shall be conveyed for
all pond retention areas which will include the newly constructed 12 inch
line along the back of Lots 10 and 11, Block 1. 20 foot wide drainage and
utility easements shall also be dedicated with the final plat on the
following areas:
a) Between Lots 11 and 12, Block 1 and Lots 10 and 11, Block 1
b) Between Lots 1 and 2, Block 2
II 13. Should the parcel to the south (Rottlund - Windmill Run) not develop, this
development will be requird to provide temporary on -site retention pond
until the parcel to the south develops and the storm sewer line is extended
to tots 1 and 2, Block 2.
14. Erosion control measures and turf establishment shall be in accordance with
' the City's Best Management Practice Handbook.
15. The final grading plan shall denote the type of house and elevation of
garage and lowest floor for each lot.
II 16. The existing house on Lot 1, Block 1 (Davidson's) shall connect to the
municipal sanitary sewer system proposed with the site improvements within
' 12 months after the connection becomes available.
17. The existing house on Lot 1, Block 1 shall relocate their driveway to
access the new street within 12 months after the new street is constructed.
18. The City will spread the proposed trunk and lateral sewer and water
assessments equally over the proposed 23 lots.
I 19. The landscaping plan shall be amended to provide boulevard landscaping in
the form of berms and plant materials. The boulevard landscaping shall
' contain landscaping from the primary specimen list and shall include Lot 1,
Block 1. The landscaping plan shall reflect existing trees which will be
protected by a conservation easement. The required 1 tree /lot shall
contain trees from the primary specimen lists for at least 14 lots.
II 20. Fire Marshal conditions:
a. Street names must be approved by the Chanhassen Fire Marshal,
particularly since it will be connecting to the subdivision to the
south. Street names must be approved so as to avoid duplication, and
' house numbers match the city's grid map.
b. Relocate fire hydrants as shown on preliminary utility plan.
c. A ten foot clear space must be maintained around fire hydrants.
d. Fire hydrant caps must be painted per City of Chanhassen Engineer Spec.
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City Council Meeting - May 24, 1993 1
e. Fire apparatus access roads shall be designed and maintained to support
the imposed loads of fire apparatus and shall be provided with a
surface so as to provide all weather driving capabilities. The roads
shall be in place before construction on new dwelling starts which is
greater than 150' from County Road 117. 1
f. If the road does not connect to the south to for a looped road, a
temporary Fire Department approved turnaround shall be provided. See
preliminary utility plan.
All voted in favor and the motion carried unanimously.
REVOCATION OF A CONDITIONAL USE PERMIT FOR A CONTRACTOR'S YARD. 1700 FLYING
CLOUD DRIVE, HARRY LINDBERY.
Sharmin Al -Jaff: On September 12, 1988 the City Council approved a conditional
use permit for a contractors yard. Since that date substantial work and
improvements didn't take place on the site. According to city ordinances, a
permit expires if substantial improvements don't take place within one year of
the date of approval. Staff took the position that that conditional use permit
had expired. The applicant objected to staff's interpretation. We appeared
before the Board of Adjustments and Appeals as well as the City Council for an
interpretation. The vote was that the conditional use permit had not expired
but we were directed to bring this application back before you in order to
revoke it. A public hearing was held at the April 21st Planning Commission
meeting which satisfies the applicant's due process concerns. On pages 2 and 3
of the report, you'll find the original conditions of approval. None of these
conditions have been met. Based upon that, the Planning Commission as well as
staff is recommending you revoke conditional use permit #88 -11. Also I'd like
to add that Building Official Steve Kirchman is here today to answer any
questions you might have regarding the building permit or any other statements
made by Mr. Lindbery. Thank you.
Mayor Chmiel: Thank you Sharmin. Prior to getting to Mr. Kirchman we'll see is
Mr. Harry Lindbery here? 1
Jeff Carson: Mayor and Council. My name is Jeff Carson, appearing with Mr.
Lindbery and on his behalf. I've been here before for one procedural process or
another. I think the, I'm not sure what type of presentation you might
anticipate for the applicant tonight. Every time we've been before a particular
body of the city there seems to be some interest in trying to work something out
but the weight of persuasion seems to be end the pain and, from the city's point
of view, and revoke the permit or determine that it doesn't exist. And I think
that the difficulty that the applicant has had, or some of the difficulty is
framed within the initial contact and what I'm calling the attitude that this
was originally, how it was dealt with. To conclude out of the initial review
that the conditional use permit expired and finding ways or facts, supporting
facts to support that. The reality here is that until the summer of 1992, 4
years after the, almost 4 years after the issuance of the conditional use
permit, nobody inspected, apparently nobody inspected the site and nobody
determined anything with regard to Mr. Lindbery's use, or the lack thereof
during that time. Just as your code says substantial construction must be done
within a year or the permit lapses, it also says that at least one inspection
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