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5 SUB 10151 Grt Plains Blvd.CITY PC DATE: 6/2/99 CC DATE: 6/28/99 CASE #: 99-7 SUB By: Kirchoff:v STAFF REPORT PROPOSAL: LOCATION: APPLICANT: Request for subdivision of approximately 19.7 acres into a 7.68 acre lot and a 12 acre outlot. North of Lakota Lane and east of Great Plains Blvd. (Hwy. 101) David Teich 1217 South Monroe Shakopee, MN 55379 (496-0592) PRESENT ZONING: ACREAGE: A-2, Agricultural Estate District 19.68 acres DENSITY: 1 unit/10 acres (gross) - 1 unit/7.68 acres (net) ADJACENT ZONING AND LAND USE: N - S- E- W- A-2, Agricultural Estate District A-2, Agricultural Estate District A-2, Agricultural Estate District Hwy 101 and A-2, Agricultural Estate District WATER AND SEWER: Not available to the site. PHYSICAL CHARACTER.: The site is currently utilized for agriculture. 2000 LAND USE PLAN: Residential Low Density Teich Subdivision June 23, 1999 Page 2 PLANNING COMMISSION UPDATE On June 2, 1999, the Planning Commission held a public hearing to review the proposed subdivision #99-7. They unanimously approved the subdivision with the conditions in the staff report. As part of the discussion, the commission requested an additional condition which requires the applicant to pay SWMP fees when the property is further subdivided. This conditions has been added. The staff report has been updated. All new information is in bold type. PROPOSAL/SUMMARY The applicant is requesting a subdivision to create a 7.68 acre parcel and a 12 acre outlot. The total area of the parcel is 19.68 acres. Being the parcel is zoned A-2, Agricultural Estate District and it is located outside Metropolitan Urban Service Area (MUSA), the area of the platted lot can be a minimum of 15,000 sq. ft., however, the minimum density of 1 unit per 10 acres must be maintained. The site is located to the north of Lakota Lane and east of Hwy. 101. The site will be accessed via Lakota Lane. The proposed lot and outlot meet the minimum requirements of the zoning ordinance. The subdivision has been submitted as a metes and bounds survey. The subdivision must be platted into a lot and outlot. The outlot cannot be developed until urban services are available to that area. The proposed subdivision of the property is consistent with the guidelines established in the comprehensive plan and zoning ordinance. Staff recommends that the preliminary plat be approved with conditions outlined in the report. SUBDIVISION The property has never been platted and has been utilized for agriculture. This site is located in the Bluff Creek Overlay District's secondary corridor. It is scheduled to be brought into the urban service area in 2015. At that time the parcel and outlot may be platted into smaller lots with a minimum of 15,000 sq. ft. and will have to comply with the Bluff Creek Overlay District standards, namely, the natural features on this site will have to be protected. The 7.68 parcel, in which staff is referring to as Lot 1 for the remainder of this report, is entitled to one single family dwelling. At the time of building permit, the future owner will have to demonstrate that the site can accommodate two individual sewage treatment sites (ISTS). The remaining 12 acres, referred to as Outlot A, will remain undevelopable until the area has urban services. The applicant will have to provide the City and Carver County with a lot and block legal description and subdivision name of the 7.68 acre parcel and 12 acre outlot. This is a condition of approval. Teich Subdivision June 23, 1999 Page 3 TABLE 1 COMPLIANCE WITH ORDINANCE - A-2, Agricultural Preservation District Lot Area Lot Width Lot Depth Home Setbacks Ordinance 15,000 sq. ft. subject to a 200' 200' 50' front/rear density of 1 unit per 10 acres 10' side Lot 1 7.68 acres 543' 682' 50' front/rear 10' side GRADING The site is currently used as agricultural land. No grading is proposed in conjunction with this subdivision proposal. At time of new home construction, a detailed grading, drainage, and erosion control plan will be required in conjunction with the building permit submittal. DRAINAGE The property is currently in agricultural use. The additional one home site will not impact or affect the existing drainage in the area. A detailed drainage, grading, and erosion control plan will be required at time of building permit application to determine if there will be any impacts to the existing drainage pattern. UTILITIES The area is located outside of the Municipal Service Area (MUSA), therefore, the site will have a well and septic system. The plans propose one septic area. The Building Department requires a secondary septic site also be shown and preserved on the plans. Again, this can be shown on the Certificate of Survey/grading plan for the building permit. STREETS Access to the site is from Lakota Lane which is a city substandard, rural road. Since this is only a one lot subdivision, staff is not recommending any modifications to the existing street, Lakota Lane. Staff is, however, recommending that the applicant dedicate on the final plat one-half of the necessary right-of-way (30 feet) for Lakota Lane. At some future point when the property is further subdivided, Lakota Lane will need to be upgraded to meet city standards. Currently, Lakota Lane meanders in and out of the existing 33 ft. wide roadway easements. The applicant is concerned about future road widening to the south which may impact the existing homes along Lakota. Therefore, the applicant wishes to dedicate the necessary right-of-way now with the final plat for future widening of Lakota so as to not impact the Teich Subdivision June 23, 1999 Page 4 existing properties to the south. Staff has informed the applicant the city could be petitioned to vacate the unused portion of Lakota Lane after the plat is recorded with the new right-of-way. The required street right of way for Lakota Lane is 60 ft. wide. SURFACE WATER MANAGEMENT PLAN (SWMP) 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 $2.75 per cubic yard for excavation of the pond. The proposed SWMP water quality charge for residential developments is $ 800/acre. 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. Residential developments will have a connection charge of $1,980 per developable acre. Usually, platting a 7.68 acre lot such as this would require a water quality fee of $6,144.00 and a water quantity fee of $15,206 for a total of $21,350. However, staff recommends that these fees be deferred until further subdivision of this property is proposed. The fees shall be paid at the rate in effect at the time of future subdivision. There is no existing City trunk storm sewer lines for connection, nor are any planned for this area until development creates the need. The applicant has the right to create a water quality pond to waive the water quality fee. However the we believe creation of such a pond for one home is excessive and building a pond for future subdivisions, that are not yet designed, could restrict water quality. LANDSCAPING Approximate tree canopy coverage and preservation calculations for the Teich subdivision is as follows: Total upland area (including outlots) Total canopy area (excluding wetlands) Baseline canopy coverage Minimum canopy coverage required Required reforestation 334,454 SF or 7.678 ac. 0 SF 0% 25% or 83,614 SF 77 trees Reforestation required for the development is 77 trees, however, under the circumstances staff feels this number of trees to be planted for one lot will unduly burden the property owner. Staff Teich Subdivision June 23, 1999 Page 5 recommends the number of trees required for reforestation be reduced to 20 trees (or 25 percent of the required), five of which have to meet minimum ordinance requirements (deciduous, 2 ½" diameter). The remaining 15 will have a 4' or ~A "diameter minimum, deciduous or evergreen. PARK AND RECREATION The applicant shall pay park and trail fees at the time of building permit for the home on Lot 1. GIS FEES The applicant shall pay the City GIS fees according to City ordinance. RECOMMENDATION Staff recommends the City Council adopt the following motion: "The City Council approves the preliminary plat request (99-7 SUB) to subdivide a 19.68 acre parcel into a 7.68 acre parcel and a 12 acre outlot, as shown on the plans dated received May 4, 1999, subject to the following conditions: The proposed 7.68 acre parcel shall be shown in the form of a lot and block legal description and the 12 acre parcel shall be shown as Outlot A on the preliminary plat with a subdivision name acceptable to the City and Carver County. The applicant shall enter into a development contract with the City establishing that no building eligibility remains for the 12 acre parcel until such time urban services are available. o Detailed grading, drainage, and erosion control plan showing two approved septic site and well locations shall be submitted to the City for review and approval prior to issuance of a building permit. 4. The applicant shall dedicated on the final plat a 30-foot wide right-of-way for Lakota Lane along the southerly 30 feet of the property. 5. The applicant shall pay the City GIS fees according to city ordinance. o Two individual sewage treatment site (ISTS) must be located and shown on the site plan. The sites must be evaluated by a licensed ISTS designer and must be submitted for approval by the City. 7. Twenty trees will be required for reforestation. Five of the 20 must meet minimum ordinance requirements (deciduous, 2½" diameter). The remaining 15 will be required to meet a 4' or Teich Subdivision June 23, 1999 Page 6 3A "diameter minimum and can be deciduous or evergreen. The deadline for satisfying the reforestation requirement will be by the time the Certificate of Occupancy is issued for the proposed home. 8. Park and trail fees shall be paid at time of building permit application. 9. SWMP fees shall be deferred until further subdivision of the property is proposed pursuant to City ordinance." ATTACHMENTS 1. Application 2. Memo from David Hempel dated May 25, 1999 3. Memo from Steve Torell dated May 20, 1999 4. Public hearing and property owners list 5. Survey 6. Minutes from June 2, 1999 Planning Commission Meeting g:\plan\ck\plan comm\teich sub 99-7.doc CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION ADDRESS: I ~ I.-~ _~, Dq0h]~) ~ ADDRESS: /,~/'7 TELEPHONE(Daytime) ¢¢~ 0Z~i , TELEPHONE: __ Comprehensive Plan Amendment Conditional Use Permit Temporary Sales Permit Vacation of ROW/Easements Interim Use Permit Variance Non-conforming Use Permit . . Wetland Alteration Permit Planned Unit Development* Zoning Appeal ~ Rezoning Sign Permits Sign Plan Review Site Plan Review* \ Subdivision' Zoning Ordinance Amendment "~ Notification Sign X Escrow for Filing Fees/Attorney Cost" ($50 CUP/SPR/VACNAR/W AP/Metes and Bounds, $400 Minor SUB) TOTAL FEE $ ,¢~4~{~. OO A list of ali property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy of transparency for each plan sheet, Escrow will be required for other applications through the development contract NOTE ~ When multiple applications are processed, the appropriate fee shall be charged for each application. NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PRESENT ZONING REQUESTED ZONING ! I PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST This application must be completed in full and be typewritten or clearly printed and rrust be a~,ompanied by all irtformation .,nd plans required by applicable City Qrdinance provisions. Before filing this application, you should, confer with the =tanning Department to determine the spec~ic ordinance and procedural requirements applicable to your application. ."his is 'to certify that I am making application for the described action by the Cily and that I am responsible fo?complying /?th all City requirements w?th regard to this request. This application should be processed in my name and I am the party thom the City should contact regarding any matter pertaining to this applkT, ation. I have attached a copy of proof of ,wnership (e~her copy of Owner's Duplicate Certificate of Title, A~stract of Title or purchase agreement), or I am the uthodzed person to make this application and the fee owner has also signed this application. will keep myself informed of the deadlines for submission of material and the progress of this application. I further nderstand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate pdor to any uthodzation to proceed w;lh the study. The documents and information I have submitted are true and correct to the best J m.y knowledge. also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded gainst tl-~ title to the property for which the approvaVpermit is granted within 120 ·Jce anti\the original document retumed to City Hall Records. days,with the Carver County Recorders ignatur~.~'~ I gnature of Fee Owner ~pfication Received on Date Receipt No. 'he applicant should contact staff for a copy of the staff report which wlll be available on Friday prior to the ~tlng. If not contacted, a copy of the report wlll be malled to the applicant's address. CITYOF CHANHASSEN 690 Ci{y Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.937.1900 General Fax 612.93Z5739 Engineering Fax 612.93Z9152 Public Safesv Fax 61Z934.2524 Web wwm ci.c/mnhassen, mn. us MEMORANDUM TO: Cindy Kirchoff, Planner I FROM: David Hempel, Assistant City Engineer'~'~' DATE: May 25, 1999 SUB J: Review of Preliminary Plat for David Teich - NE Corner of Lakota Lane and Great Plains Boulevard - LUR File No. 99-17 Upon review of the survey prepared by Alan Hastings dated April 29, 1999, I offer the following comments and recommendations: GRADING The site is currently used as agricultural land. No grading is proposed in conjunction with this subdivision proposal. At t/me of new home construction, a detailed grading, drainage, and erosion control plan will be required in conjunction with the building permit submittal. UTILITIES The area is located outside of the Municipal Service Area (MUSA) therefore the site will have a well and septic system. The plans propose one septic area. The Building Department requires a secondary septic site also be shown and preserved on the plans. Again, this can be shown on the Certificate of Survey/grading plan for the building permit. DRAINAGE The property is currently in agricultural use. The additional one home site will not impact or affect the existing drainage in the area. A detailed drainage, grading, and erosion control plan will be required at time of building permit application to determine if any impacts to the existing drainage pattern. STREETS Access to the site is from Lakota Lane which is a city substandard, rural road. Since this is only a one lot subdivision, staff is not recommending any modifications to the existing street, Lakota Lane. Staff is, however, recommending that the applicant dedicate on the final plat one-half of the necessary right-of-way (30 feet) for Lakota Lane. At some future point when the The G0, qf Ch,tnh,tssen. A growing commtmiry widJ clean lakes, tlualit'}, schools, a channin¢ downtown, thrivin~ businesses, and beauti~d oarks. A areat o/ace to/it,e, work. and Cindy Kirchoff May 25, 1999 Page 2 property is further subdivided, Lakota Lane will need to be upgraded to meet city standards. RECOMMENDED CONDITIONS OF APPROVAL Detailed grading, drainage, and erosion control plan showing two approved septic site and well locations shall be submitted to the City for review and approval prior to issuance of a building permit. 2. The applicant shall dedicated on the final plat a 30-foot wide right-of-way for Lakota Lane along the southerly 30 feet of the property. 3. The applicant shall pay the City GIS fees according to city ordinance. jms c: Anita Benson, City Engineer \Xc fs l\vol2"engXdaveXpcXleich subdivision.doc CITYOF CHANHASSEN 690 City Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.937.1900 General Fax 612. 937. 5739 Engineering lax 612.937.9152 Public Safety Fax 612.934.2524 Web www. ci. chanhassen.mn, us MEMORANDUM TO: FROM: DATE: SUB J: Cynthia Kirchoff, Planner 1 Steve Torell, Building Official May 20, 1999 Site plan review for David Teich subdivision, planning case 99-7 subdivision. I have reviewed the site plan for the above subdivision and offer the following comment: 1. Two individual sewage treatment sites (ISTS) must be located.foreazMot--and and shown on the site plan. The sites must be evaluated by a licensed ISTS designer and must be submitted for approval by the city in accordance with Chanhassen City Code Chapter 19 Article 4. ~safety/st/memos/plan/teich The CiO, o. f Chanhasse,. ,4 wvwin?, comrnunit3, with clean lakes, aualit¥ schooh, a cha,nin~ dow,town, thrivin~ businesses. ,md beaut#Td /~arh~ A (~r~,r ~/,r, r,~ /;,,~' ,,,,~rh ,,d ~/,~ NOTICE OF PUBLIC HEARING PLANNING COMMISSION MEETING WEDNESDAY, JUNE 2, 1999 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 690 CITY CENTER DRIVE PROPOSAL: Request for Subdivision APPLICANT: David Teich LOCATION: 10151 Great Plains Blvd. NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, David Teich, is requesting preliminary plat approval to subdivide a 19+ acre parcel into two lots on property zoned A2, Agricultural Estate and located at 10151 Great Plains Blvd. north of Lakota Lane. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The commission will then make a recommendation to the City Council. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Cindy at 937-1900 ext. 117. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on May 20, 1999. Smooth Feed SheetsTM Use temptate for 5160® DAVID R TEICH 1217 SO MONROE STREET SHAKOPEE, MN 55379 RICHARD HALVER 10271 GREAT PLAINS BLVD CHASKA MN 55318 DANIEL SCHAITBERGER 10241 MANDAN CIRCLE CHASKA, MN 55318 JAMES SULERUD 730 VOGELSBERG TRAIL CHASKA, MN 55318 JEFFREY DYPWICK 10300 GREAT PLAINS BLVD CHASKA. MN 55318 JAMES & GAlL BECKER 10291 MANDAN CIRCLE CHASKA. MN 55318 HARRY E NIEMELA 10670 POPPITZ LANE CHASKA, MN 55318 JOHN MALAKOWSKY 10301 GREAT PLAINS BLVD CHASKA MN 55318 GARY E. ANDERSON 725 CREEKWOOD CHASKA. MN 55318 TIM WISE 425 LAKOTA LANE CHASKA MN 55318 DON HALLA 10000 GREAT PLAINS BLVD CHASKA. MN 55318-9465 LOREN P WHEELER 445 LAKOTA LANE CHASKA MN 55318 STEPHEN DRAGOS 9960 DEERBROOK DRIVE CHANHASSEN, MN 55317 WALTER & MARTHA MOROZ 495 LAKOTA LANE CHASKA MN 55318 PAUL TAUNTON 9980 DEERBROOK DRIVE CHANHASSEN, MN 55317 DEVAL MEDH 535 LAKOTA LANE CHASKA MN 55318 GAYE GUYTON 10083 GREAT PLAINS BLVD CHASKA, MN 55318 N A MONROE PO BOX 115 CHASKA MN 55318 WALTER G. ARNDT 10151 GREAT PLAINS BLVD CHASKA, MN 55318 MAYNARD HAPPE 3576 GLEN EAGLES DRIVE SILVER SPRING, MD 20906 RENEE STRICKLUND 10251 GREAT PLAINS BLVD CHASKA, MN 55318 VERNE SEVERSON 675 LAKOTA LANE CHASKA, MN 55318 Planning Commission Meeting - June 2, 1999 even, if we were close because he has a lot of property, I think we could consider something. But we're not close so, and there are several options here. So it's going to be hard to vote favorably for this Mr. Chairman. Peterson: Other comments? May I have a motion please. Sidney: I'll make the motion. Recommend that Planning Commission deny Variance Request #99-2 for a 577 square foot variance from the 1,000 square foot maximum accessory structure size based on the findings listed above. Burton: Second. Peterson: It's been moved and seconded. Any discussion? Sidney moved, Burton seconded that the Planning Commission deny Variance Request #99-2 for a 577 square foot variance from the 1,000 square foot maximum structure size based upon the findings listed in the staff report. All voted in favor and the motion carried unanimously. Peterson: This also may be appealed by a City Council member, the applicant or any aggrieved person. They may make such appeal to the City Council by filing an appeal with the Zoning Administrator within four days after the date of the Board's decision. This appeal will be placed on the next available City Council meeting on June 28th. Thank you. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE A 19+ ACRE PARCEL INTO TWO LOTS ON PROPERTY ZONED A2~ AGRICULT,,URAL ESTATE AND LOCATED AT 10151 GREAT PLAINS BLVD. AND NORTH OF LAKOTA LANE~ DAVID TEICH. Public Present: Name Address Norm & Karaline Monroe Martha & Wally Moroz David Teich Claudia Campbell Jane A. Paul Yvonne & Russ Barto 565 Lakota 495 Lakota 1217 So. Monroe, Shakopee, MN 55379 415 Lakota Lane 410 Lakota Lane 400 Lakota Lane Cindy Kirchoff presented the staff report on this item. Peterson: Questions of staff. 9 Planning Commission Meeting - June 2, 1999 Burton: Mr. Chairman I have one question. I'm looking through the conditions. On number 2 it talks about the building eligibility. It says that no building eligibility remains for the 12 acre parcel. Should it be clarified do you think to the 20157 Aanenson: That's fine. I think until services are available or we can clarify that. That's a good point. Peterson: Cindy could we, or Dave, should we be formally setting in here that...sewer and water is there that...certain period of time or is that automatically into the agreement? Hempel: City ordinance requires homes within 150 feet of a sewer line be connected within a 12 month period. Aanenson: If I can just add to that comment. The applicant did ghost plat this property. It is his intent to further subdivide the property when urban services are available and he's located his home as such so I think that that issue will probably go away at such time. Peterson: ...because it is A2 now. Aanenson: Correct. And like Dave indicated, until such time that the sewer and water was close, so even though we bring it in the year 2015, first urban services would have to be within close proximity so even though we would bring it in, it may be a while before we bring it up Lakota Lane. Until it's petitioned to be brought up there. He may decide that he wants to stay in that status until, another five years. This is the property owner that's buying it from Mr. Teich. Mr. Teich may petition. Some of the people on Lakota may petition so we'd have to, like I say it kind of goes back to that policy until urban services are, or as Dave indicated, untilit's in so many feet. Peterson: Yeah, I think it's so important to let people know that. Be absolutely sure they are aware that they have to connect when available. Has to be in here or not probably isn't the issue. Just a matter of letting them be aware of it. Aanenson: Right, and this is, I understand what you're saying because this isn't an area that we intend to leave as large lot. We do intend to see this area develop. Now those on Lakota may not be able to further subdivide because of the slope and they're on a bluff. So there's probably not a lot of potential for additional subdivisions so their desires may not be the same. Although over time they may have failing systems and may want municipal services. But that is a good point. We can make sure that we put some language in here. Peterson: Other questions of staff?. Blackowiak: Mr. Chairman, I have a question. I think it may be for Dave. We talked about deferring the SWMP fees. The water quality and water quantity fees. And I have three questions regarding that. Number one, do we defer them at the current price? Number two, is something 10 Planning Commission Meeting - June 2, 1999 attached to the property in terms of these fees being due? And then three, should it be a condition of approval that these fees are noted and will be paid at the time of subdivision. Hempel: ...the amount due at that time. Attach it to the development? With subdivision of the property and we noted that the property should have development contract where it will list out the conditions of approval and in that document it could be noted that these Surface Water Management fees will be due and payable upon further subdivision because the development contract will get recorded at the County against the property. Third question. Blackowiak: Condition of approval. Should it be a condition of approval? Or will it be addressed in the development contract and would you be comfortable with that? Hempel: We can certainly add it in the development contract when it goes to the City Council. Blackowiak: Thank you. Peterson: Does that answer your question? Blackowiak: Yes. Peterson: Other questions? Sidney: Yes Mr. Chairman. Question for staff. Under landscaping you're saying that the reforestation required for the development is 77 trees but you feel comfortable with 20. Why was 20 selected? It's less than half the required trees. Kirchoff: Staff decided that 25% of that total would be appropriate since it is only one lot and one home. Sidney: Okay, is it simply because of lot size or what's the reason for that? Kirchoff: Basically because there's only one single family home that will be located on that 19 acre parcel. Aanenson: The rest of it's going to be pasture. He will have horses up there. It's all okay. We thought that was proportional to what he's going to use it for. Peterson: Okay, other questions of staff?. Kind: Kate mentioned that there was a ghosting for this plan. Does that mean that the 30 foot setback would happen in the future? That the 50 would change to 30 later on? Aanenson: Yes. 11 Planning Commission Meeting - June 2, 1999 Peterson: Would the applicant or their designee wish to address the commission? If so, please come forward please. David Teich: Hello, I'm David Teich and I live in Shakopee at 1217 South Monroe. I've owned the property now for 15 years. My family's owned it since 1867, and that's part of it. My intent here tonight or with the application I made is to sell the property. The home to build and I'm working with anybody I have to comply with any ordinances that Chanhassen has, and that's fine. I don't have a problem with any of this. My only intent is to sell the property and having had this property for sale for some time, not being able to sell all the property at once, subdivision was the only way I could sell some of it. And the interested parties, we're agreed on a price and everything's a go ahead. And I'm sure we can work together with anything you need. Other than that, thank you. Peterson: May I have a motion and a second for public hearing please. Joyce moved, Blackowiak seconded to open the public hearing. The public hearing was opened. Peterson: This item is open for a public hearing. Anyone wishing to address the commission, please come forward. Seeing none, motion to close public hearing. Conrad moved, Kind seconded to close the public hearing. The public hearing was closed. Peterson: Commissioners. Your thoughts? You have no thoughts, may we have a motion? Blackowiak: All right, I'll move that the Planning Commission recommend City Council approve the preliminary plat request #99-4 SUB to subdivide a 19.68 acre parcel into a 7.68 acre parcel and a 12 acre outlot as shown on the plans dated received May 4, 1999, subject to conditions 1 and 3 through 8. With condition 2 being modified to read the applicant shall enter into a development contract with the City establishing that no building eligibility remains for the 12 acre parcel until such time urban services are available. Peterson: Is there a second? Burton: Second. Peterson: It's been moved and seconded. Any discussion? Kind: Should the motion read 1 through 8 with 2 being amended? Blackowiak: Six to one I think. Kind: But you skipped 2. Blackowiak: I said 1 through 8 and then 2. I reread the whole thing. 12 Planning Commission Meeting - June 2, 1999 Kind: Okay. That's all right. Blackowiak moved, Burton seconded that the Planning Commission recommends the City Council approve the preliminary plat request (99-4 SUB) to subdivide a 19.68 acre parcel into a 7.68 acre parcel and a 12 acre outlot as shown on the plans dated received May 4, 1999, subject to the following conditions: The proposed 7.68 acre parcel shall be shown in the form of a lot and block legal description and the 12 acre parcel shall be shown as Outlot A on the preliminary plat with a subdivision name acceptable to the City and Carver County. The applicant shall enter into a development contract with the City establishing that no building eligibility remains for the 12 acre parcel until such time urban services are available. o Detailed grading, drainage and erosion control plan showing two approved septic site and well locations shall be submitted to the City for review and approval prior to issuance of a building permit. The applicant shall dedicate on the final plat a 30 foot wide right-of-way for Lakota Lane along the southerly 30 feet of the property. 5. The applicant shall pay the City GIS fees according to city ordinance. Two individual sewage treatment site (ISTS) must be located and shown on the site plan. The sites must be evaluated by a licensed ISTS designer and must be submitted for approval by the City. Twenty trees will be required for reforestation. Five of the 20 must meet minimum ordinance requirements (deciduous 2 lA" diameter). The remaining 15 will be required to meet a 4' or 3A" diameter minimum and can be deciduous or evergreen. The deadline for satisfying the reforestation requirement will be by the time the Certificate of Occupancy is issued for the proposed home. 8. Park and trail fees shall be paid at time of building permit application. All voted in favor and the motion carried unanimously. Peterson: Motion carries. This goes on to the council on the 28th of June. Thank you. PUBLIC HEARING: REQUEST TO AMEND THE PLANNED UNIT DEVELOPMENT TO ALLOW SCREENED AND/OR ENCLOSED DECKS OR PATIOS~ CHAPARRAL 2ND~ 3RD~ AND 4TM ADDITIONS~ CIMARRON HOMEOWNERS ASSOCIATION. 13