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CAS-01_HIGHLANDS OF BLUFF CREEKMEMORANDUM ©y oI CITY OF TO: Todd Gerhardt, City Manager CIIANgASSEN FROM: Jill Sinclair, Environmental Resources Specialist 7700 Market Boulevard 6 PO Box 147 DATE: September 26, 2005 Chanhassen, MN 55317 Administration SUBJ: Reassignment of Landscaping Requirements, Highlands at Bluff Phone: 952227.11W Creek Fax: 952.227.1110 Building Inspections PROPOSAL Phone: 952.227.1180 Fax: 952.2271190 The developer of the site, Plowshares Development, has requested that the Engineering landscaping requirements for Highlands at Bluff Creek be re -assigned to Allen- Phone:952.227.1160 Lee Homes. Allen -Lee Homes would be responsible for installing sod throughout Fax:952.227.m0 the site, foundation plantings and interior trees. The bufferyard plantings that Finance were installed this spring by the developer will be under warranty for one-year. " Phone: 952.2271140 Fax:952227.1110 The city currently holds a letter of credit for landscaping requirements in the Park a Recreation amount of $41,660 for the site. To date, 47 trees have been installed in the Phone:952.227.1120 bufferyards, which carry a value of $11,750. The outstanding landscaping has a Fax:952.227.1110 value of $29,910. The city will hold 110% of that value plus the warranty value Recreation Center of the current landscaping. Allen -Lee Homes has given the city a Letter of Credit 2310 Coulter Boulevard for $34,166. Phone: 952.227.1400 Fax: 952.227.1404 Attached is an Assignment Agreement referencing the approved landscaping and Planning 8 Natural Resources relevant general conditions from the Development Contract. Phone: 952.227.1130 Fax:952.2271110 RECOMMENDATION Public Works 1591 Park Road Staff recommends that the City Council approve the following motion: Phone: 952.227.1300 Fax:952.227.1310 "The Chanhassen City Council approves the Assignment Agreement with Allen - Senior Center Lee Homes reassigning responsibility for the landscaping requirements of Phone:952,227.1125 Highlands at Bluff Creek." Approval requires a simple majority vote of those Fax:952.227.1110 - City Council members present. Web Site www.cl.chanhassen.mn.us ATTACHMENT 1. Assignment Agreement The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. Highlands at Bluff Creek Location map D�-al City Council Meeting — September 29, 2005 • b. Resolution#2005-79: Call Assessment Hearing for TH 312/212 Improvements, Project Numbers 03-09, 04-05, 04-06. C. Resolution#2005-80: Call Assessment Hearing for 2005 WSA Improvements, Phase I, Project 04-05. e. Approval of Registered Land Surveys for: Resolution#2005-81: Lot 6, Block 1, Christmas Acres, Subdivision #05-02. Resolution#2005-82: 860,890 and 910 Pleasant View Road, Subdivision #05-09. f. Approval of Amendment to City Code Relating to the Disposal of Unclaimed Property, including Summary Ordinance for Publication Purposes. g. Approval of City Code Amendment to Chapter 6, Article III Concerning Watercraft Operating Regulations. h. Approval of Reassignment of Landscaping Requirements, Highlands at Bluff Creek. j. Chanhassen West Business Park: 1) Approval of Final Plat. 2) Resolution#2005-82A: Approval of Plans & Specifications and Development Contract. k. Resolution#2005-83: Order Preparation of Feasibility Report for 2006 Street Improvements, Project 06-01. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Rick Dorsey asked that item 1(d) be pulled for discussion. Mayor Furlong stated the item will be discussed after new business. VISITOR PRESENTATIONS: Janet Paulsen: Council people. My name is Janet Paulsen and I live at 7305 Laredo Drive. wish to address the subject of the Harvieux subdivision. Mayor Furlong: Mrs. Paulsen, would it be okay if we brought that up during, when we're discussing that? Janet Paulsen: Sure, that'd be fine. Mayor Furlong: That will be fine. I'll make time for public comments. Would anybody else like to address the council during visitor presentations this evening? No? Okay. We offer this every evening so people are welcome to come each meeting. 2 SCANNED r � � I ,AKELAND CONSTRUCTION FINANCE, LLC IRREVOCABLE LETTER OF CREDIT NO.200282 DATED JULY 9, 2004 City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, MN 55317 Dear Sir or Madam: C Cyr (--)1 We hereby establish our IRREVOCABLE LETTER OF CREDIT, numbered as indicated above, and effective immediately, in favor of the City of Chanhassen (the "City) at the request and for the account of Plowshares Development, LLC, ("Developer) in the amount of and not to exceed Five Thousand and 00/100 Dollars ($5,000.00), as such amount is decreased as provided below, available to you by your sight draft or drafts drawn upon us as security for boulevard restoration and erosion control requirements ("Improvements') for the project to be known as the Highlands at Bluff Creek, Chanhassen, Minnesota. Each draft drawn under the LETTER OF CREDIT must be accompanied by: A. The original of this LETTER OF CREDIT; B. A notarized statement executed by the City, stating that the Developer is in default of the Improvements, that the Developer has failed to complete the Improvements in accordance with the terms of the Agreement, and, that the City is entitled to draw upon the LETTER OF CREDIT. Such statement shall set forth the Improvements not completed, the respect in which the Improvements had not been completed, and the amount required to cure such failure. Each draft drawn under this LETTER OF CREDIT must: 1. Be signed on behalf of the City by the Mayor or City Manager; 2. Be in the amount required to cure the default by the Developer to complete the Requirements, amount shall not exceed $5,000.00. 3. Bear on its face the clause "DRAWN UNDER LETTER OF CREDIT NO. 200282, Dated July 9, 2004. SCANNED 860 Blue Gentian Road, Suite 135 7830 Main Street, Suite 210 22 Eastgate Building • PO Box 6056 Eagan, MN 55121 Maple Grove, MN 55369 St Cloud, MN 56302-6056 Phone: (651) 994-4606 • Fax: 1651)994-7076 Ph":(763)420.9130 • Fax: p63)420-9134 Phone: (320) 259-0900 • Fax: (320) 259-1907 4. Be presented for payment during regular business hours at our Collection Department, 7830 Main Street, Suite 210, Maple Grove, MN 55369, no later than 2:00 p.m. on November 30, 2004. This LETTER OF CREDIT shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), we deliver written notice to the Chanhassen City Manager that we intend to modify the terms of, or cancel, this LETTER OF CREDIT. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. The amount of this LETTER OF CREDIT shall be reduced by the amount of the estimated cost of the work completed as each portion of the Improvements are completed and paid for, and the City Official approves in writing such reduction. Each drawing hereunder shall reduce by the amount of such drawing the amount available under this LETTER OF CREDIT. We hereby agree that drafts drawn under and presented in conformity with the terms of the LETTER OF CREDIT will be duly honored upon presentation. Except as otherwise expressly stated, this LETTER OF CREDIT is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publications No. 500 (the "Uniform Customs"). This LETTER OF CREDIT shall be deemed to be a contract made under the laws of the State of Minnesota and, as to matters not governed by the Uniform Customs, shall be governed by and construed in accordance with the laws of the State of Minnesota, including the Uniform Commercial Code as in effect in the State of Minnesota. This LETTER OF CREDIT is not transferable or assignable and is not issued for the benefit of any third party claimant. We shall not be called upon to resolve issued of fact or law between the City and the Developer. LAKELAND CONSTRUCTION FINANCE, LLC By ,i9 /M/ %4d Its Chief Operating Officer Meuwissen, Kim From: Generous, Bob Sent: Monday, October 03, 2005 10:33 AM To: Meuwissen, Kim Subject: FW: Highlands at Bluff Creek - return of LOC's Kim: Do we have these or does engineering? Bob -----Original Message ----- From: Todd M. Simning[mailto:todd.simning@plowsharesdevelopment.com] Sent: Monday, October 03, 2005 10:21 AM To: Generous, Bob; Bement, Bill Subject: Highlands at Bluff Creek - return of LOC's City Council approved the re -assignment of the DA from Plowshares to Allen -Lee Homes. Allen -Lee Homes has posted the LOC with the city. I would like to get our original LOC back. I believe I have two - #200277 and 200�82. Could you confirm and also, I'd like to stop by and pick those up. / Please let me know when I can stop by. Regards I / Todd Simning I / Plowshares Development V Office: 952.361.0832 Fax: 952.361.0833 www.plowsharesdevelopment.com oz-z C 5 16131c),� 10/3/2005 & M 2000 tw3iA T F M T W T F M 1 2 3 4 ...5...� -�.�._.8._._9 1011 .4...513 14 14 15 .16 11 18 11 12 1326�21 2122 ff N.2� UVWO0-22 27 N 29 n 56.91...... ........_... ............................ ............................ , Securities Start Due S P Ca II11105 II/-OI05 0 LC#200282 expires 11/30r04 Highlands of Bluff Creek Planning Case 04-01 Boulevard Restoration & Erosion Control $5,000 Notify Bob Generous NOTE: LC automatically renews for successive one-year periods 11/3/04 - Notified Bob Generous of impending expiration. Kim 11/3/04 - Per Bob, OK to let renew for another year to 11/30/05. Check status 11/1105. Kim 10/10/05 - Per Bill Bement, OK to release letter of credit. LC returned to Jean in Engineering fm return to developer (Plowsbares). Activity closed. Kim 02 Low nwebp Cw IWIWSe111mMa a- .P-Prft Pot CITY OF October 12, 2005 T700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Mr. Grant Komminga Administration Vice President Phone: 952227.1100 Allen -Lee Homes, Inc. Fax:952.2271110 510 Chestnut Street, Suite 202 Building Inspections Chaska, MN 55318 Phone. 952.227.1180 Fax:952.227.1190 Re: Reassignment of Landscaping Requirements — Highlands at Bluff Creek Engineering Planning Case 04-01 Phone: 952.227.1160 Fax:952.227.1170 Dear Mr. Komminga: Finance Phone:952.227.1140 On October 10, 2005, the Chanhassen City Council approved the enclosed Fax: 952.227.1110 Assignment Agreement whereby Plowshares Development, LLC assigns the Park & Recreation landscape requirements of the development contract to Allen -Lee Homes, Inc. Phone: 952.227.1120 Fax: 952.227.1110 Please sign the enclosed agreement and return to my attention for City execution Recreation Center and filing. If you have any questions, please do not hesitate to contact me. 2310 Coulter Boulevard Phone: 952.227.1400 Fax:952.227.1404 Sincerely, Planning Natural Resources — — Phone: 952.227.1130 Fax: 952.227.1110 Public Works Robert Generous, AICP 1591 Park Road Senior Planner Phone: 952.227.1300 Fax:952.227.1310 RG:ktm Senior Center Phone:952.227.1125 Enclosure Fax: 952.227.1110 Web She ec: Jill Sinclair, Environmental Resources Coordinator www.ci.chanhassennn us gAplanx2004 planning casesx04-01 - highlands of bluff creekxassig naent ageement letter.doc {CANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a champing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. ASSIGNMENT AGREEMENT AGREEMENT dated DGAQbef W , 2005, by, between, and among the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City"), PLOWSHARES DEVELOPMENT, LLC, a Minnesota limited liability company ("ASSIGNOR"), and ALLEN-LEE HOMES, INC., a Minnesota corporation ("ASSIGNEE"). 1. DEVELOPMENT CONTRACT/PUD AGREEMENT. The City and Assignor have entered into a Development Contract/PUD Agreement dated June 14, 2004 for Highlands at Bluff Creek ("Development Contract") which is incorporated herein by reference. 2. LANDSCAPING. The Development Contract requires the Assignor to do certain landscaping. Landscaping requirements are set forth on Plan D incorporated by reference in the Development Contract and in paragraphs 13 and 14 of the General Conditions of the Development Contract ("Landscape Requirements"). 3. ASSIGNMENT. The Assignor assigns the Landscape Requirements of the Development Contract to Assignee and Assignee accepts the assignment. Assignee agrees to fulfill the Landscape Requirements of the Development Contract. Subject only to the limitation that Assignee's improvement obligations under the Development Contract are limited to the Landscape Requirements, the entire Development Contact shall apply to the performance of Assignor's obligations and the City's rights and remedies. This includes responsibility for landscaping completed prior to the date of this Assignment Agreement. The City approves the assignment. 4. SECURITY. To guarantee compliance with the terms of this Agreement, Assignee shall furnish the City with a letter of credit in a form acceptable to the City, from an institution acceptable to the City, or a cash escrow of $34,166.00. The City may draw down the security, without notice, for any violation of the terms of this Agreement. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time. 5. NOTICE. Required notices to the Assignee shall be in writing, and shall be either hand delivered to the Assignee, its employees or agents, or mailed to the Assignee by registered mail at the following address: Allen -Lee Homes, Inc. Grant Komminga, Vice President 510 Chestnut Street, Suite 202 Chaska, Minnesota 55318 120514v01 RNK:09/0112005 L Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317. —0 6— 1 �1 MME _ 010 Thomas A. Furlong, Mayor Todd Gerhardt, City Manager PLOWSHARES DEVELOPMENT, LLC BY: Its da e: M� <, ALLEN-LEE HOMES, INC. 6" Its 12051401 2 RNK:09/01/2005 CITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 7/20/04 04-12 ATTENTION Sue Nelson RE: Highlands at Bluff Creek ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request 0- COPIES DATE NO. DESCRIPTION 1 6/14/04 Executed Development Contract 1 6/14/04 Executed Full Size Final Plat M lar 1 6/4/04 Breakdown of Administration Fees 1 5/5/04 Copy of approval letter from Bob Generous to developer 1 7/9/04 Receipts of Administration Fees 1 7/12/04 Executed Declaration with Private Driveway Easement 1 7/9/04 Executed Temporary Grading Easement 1 7/12/04 Quit Claim Deed to City THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ® For Review & recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints REMARKS Here are the items to be recorded for Highlands at Bluff Creek. The City has received all of the necessary administration and security fees. If you have any questions, feel free to give me a call. Thanks. COPY TO: Bob Generous, Senior Planner SIGNED:lJ /Cr/ Ktatt Saa ,r (952) 227-1164 If enclosures are not as noted, kindly notify us at once. July 15, 2004 CITY OF d1t111llt1 EM Mr. Todd Simning Plowshares Development, LLC 77W Market Boulevard PO Box 147 1851 Lake Drive West #550 Chanhassen, MIN55317 Chanhassen, MN 55317 on Rdm952.227.11 Phone:952.227.11(q Re: Final Plat Approval for Highlands of Bluff Creek — Planning Case No. 04-01 PP � g Fax: 952 227.1110 Dear Mr. Simning: Building Inspections - Phone: 952.227.1180 Fax:952.227,1190 On June 15, 2004, the Chanhassen City Council approved the ordinance rezoning the property to Planned Unit Development — Residential (PUD-R) and granted Engineering final plat approval of Planning Case #04-10 creating 16 lots and three outlots and P21 Fax:952.227.1170right-of-way for lEghway 41 and West 78`s Street subject to the following conditions: Finance Phone: 52227.1110 Faz:952.217.1110 1. Outlot J, Arboretum Village, shall be shown as an exception to the lat. g P P Park li Recreation 2. The applicant shall submit association covenants to the City for review prior PFax:955227.1110 Fax: 952.227.1110 to recording. The association shall be responsible for the maintenance of an g• P Y Recreation Center common elements of the development. 2310 Coulter Boulevard Phone:952.227.1400 3. The developer shall pay park dedication fees in the amount of $33,000.00 at Fax:952.227,1404 the time of final plat recording. Planning & Natural Resources 4. Applicant shall be responsible for all development plantings located on public Phone: 952.22.1130 property. The applicant shall submit to the City a maintenance agreement Fax:952.227.1110 signed by the homeowners association to assume responsibility of the Public works plantings once the development is completed. Twelve to fourteen -foot 1591 Park Road evergreens shall be located at the end of the cul-de-sac and positioned so as to PFax:952,227.13100 Fax:952.227.1310 alleviate headlight are into the neighboring home. g � � g Senior Center 5. Tree preservation fencing shall be installed at the edge of grading limits prior Phone: 2.222z11to anwork commencing. Tree protection fencing surrounding trees #7115 Fax:952227.1110 Y g• P g g and 7119 shall be set at the maximum distance from the tree. Fencing shall be Web Sne field located prior to construction. www.ci.chanhassen.mn.us 6. The developer shall enter into a Development Contract/PUD agreement with the City. The Development Design Standards shall be incorporated in the development contract. 7. All structures shall maintain a 20-foot setback from the Primary Zone boundary and no grading may occur within the first 10 feet of the setback. All slopes and vegetation within the Primary Zone shall be preserved. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A goat place to live, work, and play. Mr. Todd Simning Highlands of Bluff Creek — Planning Case No. 04-01 July 15, 2004 Page 2 8. Outlot A shall be dedicated to the city to be preserved as open space. 9. The applicant is required to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. 10. Staff recommends that Type II silt fence be used along all sides adjacent to the grading area and Type III along the north side adjacent to the Bluff Creek overlay line. In addition, tree preservation fencing must be installed at the limits of tree removal. A 75-foot rock construction entrance has been shown at the entrance to the site from West 78th Street. Erosion control blankets are recommended for the steep slopes along the east and west sides of the site. The silt fence shall be removed once the site has been revegetated. 11. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 12. The total amount due payable to the City for the additional 15 units will be $29,910 (15 @ $1,994). In addition, each newly created lot will be subject to City sanitary sewer and water hook-up charges at the time of building permit issuance. The 2004 trunk utility hookup charges are $1,458 per unit for sanitary sewer and $2,814 per unit for water. The hook-up charges are based on the number of SAC units assigned by the Metropolitan Council. 13. The underlying property has been previously assessed for sewer and water improvements as a part of the BC-7/BC-8 project. The remaining assessment due payable to the City is $3,495.59. This balance may be re -spread against the newly platted lots on a per -area basis. 14. The applicant must be aware that the public sewer and watermain require a preconstruction meeting before the building permit issuance. 15. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, MnDOT, etc. 16. On the utility plan, show all the existing and proposed utility easements. 17.On the grading plan: a. Show all existing and proposed utility and pond easements. b. Show the benchmark used for the site survey. Mr. Todd Simning Highlands of Bluff Creek — Planning Case No. 04-01 July 15,2004 Page 3 18. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. 19. Increase the width of the north leg of the hammerhead from 20 to 25 feet. 20. The private street must be enclosed in a 40-foot wide private easement. The developer must submit an inspection report certifying that the street is built to a 7-ton design. 21. The General Grading and Drainage Notes state that "Positive drainage from the site must be provided at all times." The note regarding positive drainage shall be amended to indicate that the site must meet sediment and erosion control regulations while providing positive drainage and to address National Pollutant Discharge Elimination System (NPDES) dewatering regulations. 22. Riprap and geotextile fabric shall be installed at the flared end sections of the inlet of the storm water basin. Inlet control shall be provided following installation of inlet structures. 23. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: Tyge of SloM Stabilized within Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 24. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 25. The developer shall pay a total SWMP fee to the City at the time of final plat recording of $16,437.00. 26. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 27. The proposed 5-foot retaining wall must be designed by a registered structural engineer. Mr. Todd Simning Highlands of Bluff Creek — Planning Case No. 04-01 July 15, 2004 Page 4 The executed development contract along with a letter of credit or cash escrow for the public improvements and a check for the administrative fees must be submitted to the city. A deed conveying Outlot A to the City must be submitted for recording. Two signed mylar copies of the final plat shall be submitted to our office for signatures along with the signed development contract, the required easements and all required financial security and fees. Two 1 "=200' scale mylar reductions of the final plat and one 1 "=200' scale mylar reductions of the final plat with just street names and lot and block numbers shall be submitted. In addition, a digital copy in .dxf format and a digital copy in .tif format (pdf compatible) of the final plat shall be submitted. The city will submit all the necessary documents to Carver County for recording of the subdivision. If you have any questions or need additional information, please contact me at (952) 227-1131. Robert Generous, AICP Senior Planner c: Matt Saam, Assistant City Engineer Steve Torell, Building Official gAplao\2004 planning caxes\04-01 - highlands of bluff c k\final plat approval IettaAm May 5, 2004 CITY OF CHANHASSEN Mr. Todd Sinning Plowshares Development, LLC 7700 Market Boulevard 1851 Lake Drive West#550 PO Box147 Chanhassen, MN 55317 Chanhassen, MN 55317 Administration Re: Highlands of Bluff Creek — Planning Case No. 04-01 Phone:952.227.1100 Fax: 952.227.1110 Dear Mr. Simning: Building Inspections Phone:952.227.1180 On April 26, 2004, the Chanhassen City Council approved the following: Fax 952,227.1190 Engineering A. "Land Use Amendment from Residential — Low Density to Residential — Phone: 952.227.1160 Medium Density contingent upon final development approval of the Planned Fax 952227.1170 Unit Development and Metropolitan Council review and approval of the Land Finance Use Amendment." Phone: 952.227.1140 Fax: 952.227.1110 Park A Recreation B. "Conceptual and preliminary approval of the rezoning of the property from Phone:952.227.1120 Agricultural Estate District, A2, to Planned Unit Development — Residential, Fax: 952.227.1110 pUD-R " Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax:952.227.1404 C. "Preliminary Plat approval of the proposed development for Highlands of Bluff Creek with a variance to permit a 20-foot setback from the Bluff Creek Planning A Primary Zone, plans prepared by Westwood Development Services, Inc., Natural Resources Phone:952.227.1130 dated 04/02/04, subject to the following conditions. Fax: 952.227.1110 1. The plat shall show a property line creating Outlots A and B which common Public works 1591 Park Road boundary shall follow the Bluff Creek Overlay District Primary Zone Phone:952227.1300 boundary. Fax: 952.227.1310 Senior Center 2• Final Plat approval is contingent on the developer acquiring the two parcels Phone:952.227.1125 adjacent to West 78`h Street. Fax 952227.1110 Web site 3. The applicant shall submit association covenants to the City for review prior wwwci.chanhassen.mn.us to recording. The association shall be responsible for the maintenance of any common elements of the development. 4. The applicant shall pay park fees in lieu of land dedication on fifteen of the sixteen lots based on the fees in effect at the time of final plat approval. One lot is exempt from these charges due to the existing single-family home on the property. The park fee, using 2004 park fees, is $2,200 per unit, which shall be paid prior to recording the final plat. The City of Chanhassen e A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding [rails, and beautiful parks. A gnat place to live, work, and play. Mr. Todd Simning May 5, 2004 Page 2 5. One tree shall be added to the landscape plan in the northeast comer of Lot 1, Block 4. 6. Applicant shall be responsible for all development plantings located on public property. The applicant shall submit to the City a maintenance agreement signed by the homeowners association to assume responsibility of the plantings once the development is completed. Twelve to fourteen -foot evergreens shall be located at the end of the cul-de-sac and positioned so as to alleviate headlight glare into the neighboring home. 7. Tree preservation fencing shall be installed at the edge of grading limits prior to any work commencing. 8. The developer shall enter into a Development Contract/PUD agreement with the City. The Development Design Standards shall be incorporated in the development contract. 9. All structures shall maintain a 20-foot setback from the Primary Zone boundary and no grading may occur within the first 10 feet of the setback. All slopes and vegetation within the Primary Zone shall be preserved. 10. A conservation easement shall be dedicated over the Bluff Creek Primary Zone (Outlot A). Outlot A may be dedicated to the city to be preserved as open space. 11. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 12. The applicant is required to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The applicant must submit storm sewer sizing calculations for staff review. 13. Staff recommends that Type II silt fence be used along all sides adjacent to the grading area and Type III along the north side adjacent to the Bluff Creek overlay line. In addition, tree preservation fencing must be installed at the limits of tree removal. A 75-foot rock construction entrance has been shown at the entrance to the site from West 78th Street. Erosion control blankets are recommended for the steep slopes along the east and west sides of the site. The silt fence shall be removed once the site has been revegetated. 14. Show all of the proposed and existing easements on the preliminary plat. 15. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 16. The total amount due payable to the City for the additional 15 units will be $44,910 (15 @ $2,994). In addition, each newly created lot will be subject to City sanitary sewer and water hook-up charges at the time of building permit issuance. The 2004 trunk utility hookup charges are $1,458 per unit for sanitary sewer and $2,814 per unit for water. The hook-up charges are based on the number of SAC units assigned by the Metropolitan Council. Mr. Todd Simning May 5, 2004 Page 3 17. The underlying property has been previously assessed for sewer and water improvements as a part of the BC-7/BC-8 project. The remaining assessment due payable to the City is $3,495.59. This balance may be re -spread against the newly platted lots on a per -area basis. 18. The applicant must be aware that the public sewer and watermain require a preconstruction meeting before the building permit issuance. 19. Public utility improvements will be required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, MnDOT, etc. 20. Add the following City of Chanhassen latest Detail Plates Numbers: 1002, 1004, 1005, 1006, 2001, 2101, 2109, 2109, 2201, 3101, 3104, 3107, 3108, 3109, 5200, 5203, 5207, 5214, 5215, 5216, 5300 and 5301. 21. Add a stop sign at the exit side of the access. 22. Add a street light at the access. 23.On the utility plan: a. Show all the existing and proposed utility easements. b. Removeldelete the last note. c. Call out water -main fittings. d. Show sanitary sewer pipe class & slope and watermain pipe class. e. Watermain shall be 8" PVC C-900 pipe. 24.On the grading plan: a. Show all existing and proposed utility and pond easements. b. Show the benchmark used for the site survey. c. Last storm manhole discharging to the pond must be a 3-foot sump. 25. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. 26. The partial hammer -head turnaround must be reviewed and approved by the City's Fire Marshall. 27. The private street must be enclosed in a 40-foot wide private easement. The developer must submit an inspection report certifying that the street is built to a 7-ton design. W. Todd Simning May 5, 2004 Page 4 28. CBMH-6 shall have a two -foot sump since it is the last structure that is road accessible prior to discharge to the storm water pond. 29. The General Grading and Drainage Notes state that "Positive drainage from the site must be provided at all times." The note regarding positive drainage shall be amended to indicate that the site must meet sediment and erosion control regulations while providing positive drainage and to address National Pollutant Discharge Elimination System (NPDES) dewatering regulations. 30. A drainage and utility easement shall be provided over the proposed storm water pond. 31. Riprap and geotextile fabric shall be installed at the flared end sections of the inlet of the storm water basin. Inlet control shall be provided following installation of inlet structures. 32. Silt fence shall be provided as needed to prevent sediment from leaving the site. A light duty silt fence shall be installed between the town homes and the storm water pond following the outlet installation and during home construction. 33. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. 34. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: TYM of SIgM Stabilized within Steeper than 3:1 7 days 10:1to3:1 14days Flatter than 10:1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 35. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 36. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $32,777. 37. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 38. Additional area of right-of-way in the southwest comer of the site shall be dedicated to the City for West 78'° Street on the final plat. This right-of-way dedication will not impact the proposed Mr. Todd Simning May 5, 2004 Page 5 lots. The exact size of the required right-of-way will be determined at the time of final plat. 39. The walkout elevations of the units adjacent to the proposed pond shall be lowered to an elevation of 1003 and an elevation of 1008 on the east end of the private road." D. `"The City Council approves Conditional Use Permit to permit development within the Bluff Creek Overlay District subject to the following conditions: 1. The development must comply with the approved Planned Unit Development, Site Plan and Subdivision requirements for the property. 2. All structures shall maintain a 20-foot setback from the Primary Zone boundary and no grading may occur within the first 10 feet of the setback. All slopes and vegetation within the Primary Zone shall be preserved. 3. A conservation easement shall be dedicated over the Bluff Creek Primary Zone (Outlot A). E. "The City Council approves Site Plan, plans prepared by Westwood Professional Services, Inc., dated 04/02/04, subject to the following conditions: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The applicant shall work with staff to create a specific plan to assure the differentiation in building elevations. The plan shall provide that no two adjacent buildings have the same exterior building accent materials and colors. 3. The applicant shall submit a foundation planting plan for city review and approval prior to final plat approval. 4. The buildings are required to be protected with an automatic sprinkler system if they are over 8,500 square feet in floor area. For the purposes of this requirement, property lines do not constitute separate buildings and the area of basements and garages is included in the floor area threshold. 5. Walls and projections within 3 feet of property lines are required to be of one -hour fire - resistive construction. 6. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 7. The developer and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures" Mr. Todd Simning May 5, 2004 Page 6 Enclosed is a site plan agreement that must be executed by Plowshares Development, LLC. Return the agreement to me for City execution and recording at Carver County within 120 days of the approval (by August 24, 2004). The required security specified in the site plan agreement shall be submitted prior to the City issuing a building permit. A copy of the executed agreement will be returned for your files. Final plat documents must be submitted to the City three weeks prior to the City Council meeting in which you wish to have your final plat approved. Enclosed is the list of items required for submittal for final plat approval. If you have any questions or need additional information, please contact me at (952) 227-1131. Sincerely, Robert Generous, AICP Senior Planner Enclosures c: Lori Haak, Water Resources Coordinator Matt Saam, Assistant City Engineer Steve Torell, Building Official Susan McAllister gAplan\2004 planning cases\04-01 - highlands of bluff creek\approval letimdoc ITEMS REQUIRED FOR FINAL PLAT CONSIDERATION 2/18/04 The following items are required to be submitted a minimum of three (3) weeks prior to City Council meeting: 1. Submit three (3) sets of construction plans and specifications for staff review and redline. The construction plans and specifications shall be in accordance to the City's latest edition of Standard Specifications & Detail Plates. The plans shall include traffic signage and street light placement. Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water and storm sewer lines). Grading and drainage plans shall show dwelling type and elevations, wetlands and wetland buffer areas, stormwater pond NWLS and HWLS, catch basin, and storm manhole numbers. 2. Drainage calculations for water quantity and quality ponding with maps showing drainage areas for pre -and post -development conditions and contributing areas to catch basins. 3. Tree Preservation Easements (if applicable). 4. Trail Easements (if applicable). 5. Landscape Plan and Cost Estimates (Woodland Management Plan, if applicable). 6. Engineers Cost Estimate of Public Improvements: a. Sanitary sewer system. b. Water system. C. Storm sewer drainage system including cleaning and maintenance. d. Streets, sidewalk and trails. e. Erosion control. f. Site restoration (seeding, sodding, etc.). g. Site grading 7. Ten (10) sets (folded) of final plat, one (1) set of reductions (8'/2" x 11"), a digital copy in Awg format (AutoCAD compatible), and a digital copy in .tif format. 8. Legal description of property on an 8'/i' x 11" sheet(s) of paper. 9. Lot tabulations 10. 1" = 200' scale paper or mylar reduction of the final plat with just street names and Lot and Block numbers. Failure to provide any of the above items by the required deadline will result in delaying consideration of final plat before the City Council. gAcngVor \fnlplat subaunlAm CITY OF CHANHASSEN SITE PLAN PERMIT 04-01 SPECIAL PROVISIONS AGREEMENT dated May 3, 2004, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and Plowshares Development, LLC. (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 16 unit townhouse development (referred to in this Permit as the "project"). The land is legally described as Highlands of Bluff Creek Addition. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and furnish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A --Site Plan dated April 2, 2004, prepared by Westwood Professional Services, Inc. Plan B—Grading, Drainage, and Utility Plan dated April 2, 2004, prepared by Westwood Professional Services, Inc. Plan C—Landscaping Plan dated April 2, 2004, prepared by Westwood Professional Services, Inc. 1 4. Time of Performance. The Developer shall install all required screening and landscaping by July 30, 2006. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall fumish the City with a letter of credit from a bank, or cash escrow, in the amount of $21,000.00 ($16,000 - landscaping, $2,500 - boulevard restoration and driveway aprons and $2,500 - erosion control). 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Mr. Todd Simning Plowshares Development, LLC 1851 Lake Drive West #550 Chanhassen, MN 55317 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 7. Other Special Conditions. Approved Site Plan # 04-01 as shown on the plans dated April 2, 2004 and subject to the following conditions: (a) The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. (b) The applicant shall work with staff to create a specific plan to assure the differentiation in building elevations. The plan shall provide that no two adjacent buildings have the same exterior building accent materials and colors. 2 (c) The applicant shall submit a foundation planting plan for city review and approval prior to final plat approval. (d) The buildings are required to be protected with an automatic sprinkler system if they are over 8,500 square feet in floor area. For the purposes of this requirement, property lines do not constitute separate buildings and the area of basements and garages is included in the floor area threshold. (e) Walls and projections within 3 feet of property lines are required to be of one -hour fire - resistive construction. (f) A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. (g) The developer and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. (SEAL) CITY OF CHANHASSEN 1 1W Its Thomas A. Furlong, Mayor Todd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER The foregoing instrument was acknowledged before me this —day of 2004, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MNNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of = DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 NOTARY PUBLIC H CONSENT Owners of all or part of the subject property, the development of which is governed by the foregoing Site Plan Permit, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of 2004 STATE OF ME%INESOTA ) (ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of I PIS NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 CITY OF CHANHASSEN SITE PLAN PERMIT GENERAL CONDITION 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, and 3) the City has issued a building permit. 2. Maintenance of site. The site shall be maintained in accordance with the approved site plan. Plants and ground cover required as a condition of site plan approval which die shall be promptly replaced. 3. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the property to perform all work and inspections deemed appropriate by the City in conjunction with site plan development. 4. Erosion Control. Before the site is rough graded, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfrlling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed 0 shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developers and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. Erosion control shall be maintained until vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize removal of the erosion control measures. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including materials that have blown, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit from a bank or cash escrow with the City to secure the warranties at the time of final acceptance. 7. Responsibility for Costs. A. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site plan approval and development. The Developer shall indemnify the City and its 7 officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attomeys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 9. Miscellaneous. A. Construction Trailers. Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be removed from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this 0 Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, W power or remedy. J. Construction Hours. The normal construction hours and maintenance of equipment under this contract shall be from 7:00 a.m. to 9:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays, with no such activity allowed on Sundays or any recognized legal holidays. Operation of all internal combustion engines used for construction or dewatering purposes beyond the normal working hours will require City Council approval. K. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the site plan process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. L. Compliance with Laws. Ordinances, and Regulations. ations. In the development of the site plan, the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District; 5. Metropolitan Government, its agencies, departments and commissions. M. Proof of Title. Upon request, the Developer shall famish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. 10 N. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. O. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning neither the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. gAplan\2004 planning cases\04-01 - highlands of bluff awk\site plan agreement highlands of bluff creek.doc 11 April 27, 2004 CITY OF CIA NSEN Ms. Cheryl Olsen 1100 ket Boulevard Referrals Coordinator PO Bo PC Box 147 Chanhassen, MN 55317 Metropolitan Council Mears Park Centre Administration 230 East Fifth Street Phone 952227.1100 St. Paul, MN 55101-1634 Faz: 9522271110 Building Inspections Re: Land Use Map Amendment, Highlands of Bluff Creek Phone: 952.227.1180 Fax: 952.227.1190 Dear Ms. Olsen: Engineering Phone:952.227.1160 Enclosed for Metropolitan Council Review is a proposed Land Use Map Amendment in Fax: 952.227.1170 the City of Chanhassen of six (6) acres of land from Residential - Low Density to Residential - Medium Density. The parcel is located in the northeast quadrant of T. H. Finance Phone: 952 227.1140 41 and West 78'" Street. Fax: 952.227.1110 Enclosed are copies of the following items: Park 8 Recreation Phone: 952.227.1120 Faz:952.227.1110 . Information sumIDary Comprehensive for Co rehensive Plan Revisions and Plan Amendments Recreation Center ' Location Map and City of Chanhassen Comprehensive 2020 Land Use Map 2310 Coulter Boulevard • Figure 4, Land Use Totals (acres) Phone: 952.227.1400 • City of Chanhassen Staff Report dated 4/26/04 Fax: 952.227.1404 . City Council Staff Report dated 3/22104 Planning A Natural Resources Thank you for your assistance in this matter. If you require additional information, Phone:952.227.1130 please contact me at (952) 227-1131. Fax: 952.227.1110 Public Works Sincerel , 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Robert Generous, AICP Senior Center Phone:952.227,1125 Senior Planner Fax: 952227.1110 Enclosures Web Site www.ci.chanhassen.mn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A geat place to live, work, and play. City of Chanhassen Land Use Amendment Highlands of Bluff Creek I Figure 4 Land Use Commercial Office/Industrial Office/Institutional Office Parks & Open Space Public/Semi-Public Residential Large Lot Residential Low Density Residential Medium Density Residential High Density Mixed Use Undevelopable TOTALS 2020 Land Use Plan Acres 214 1,222 47 117 1,466 1,242 2,247 5,465 635 398 134 1,573 14,760 Percent 1.4% 8.3% 0.3% 0.8% 9.9% 8.4% 15.2% 37.0% 4.3% 2.7% 0.9% 10.7% 100.0% g:\plan\2004 Planning Cases\04-01 Highlands of Bluff Creek COMMUNITY PROFILE AND BACKGROUND 1. Provide the following community information. Local Governmental Unit City of Chanhassen Contact Name Robert Generous, AICP Contact Title Senior Planner Telephone Number 952-227-1131 FAX Number 952-227-1110 Email Address bgenerous@ci.chanhassen.mn.us Date of Preparation April 27, 2004 2. Identify type of amendment: (check all that apply) Land use change, describe: From Residential - Low Density to Residential -Medium Expansion, in acres: hange, describe: describe: 3. Provide a description of the amendment. Name of Amendment Highlands of Bluff Creek General Location Northeast corner of Highway 41 and West 7r Street Brief Description Change land use to permit density clustering to preserve Bluff Creek acres 6 acres 4. Indicate official local status of the plan amendment. (Check all that apply.) Action Date of Action, if applicable x Approved by governing body, contingent upon 4/26/04 Metropolitan Council review and final development aooroval of the Planned Unit Develooment. 5. Indicate if adjacent communities and other jurisdictions have been notified (M.S. 473.858, Subd. 2.) (Select one of the follow options) Plan amendment was sent to: (List adjacent local governments, school districts, watershed organizations and other jurisdictions and the date the copies were sent): x Plan amendment will not impact adjacent local governments, school districts, watershed organizations and other jurisdictions, based on community's judgement and completion of this form. IMPACT ON LAND USE 6. Describe land use changes in acres, applicable to this amendment site, using the following tables and filling in the community's specific land use categories: 0 Not Applicable Land Use Designation — Residential Incl. Res. component of Mixed Use fill inspecific land use categories) Ave. Density Pre Amendment Post Amendment Acres # Units Acres # Units -Change from Low to Medium Density 6 9 6 16 Land Use Designation — Non Residential Uses fill inspecific land use categories) Site Acres - Pre Amendment Site Acres - Post Amendment 7. To show whether this plan amendment increases or decreases the community's household, population or employment forecasts, complete the applicable lines of the following table. NA City-wide Forecasts Pre Amendment City-wide Forecasts Post Amendment 2010 2020 2010 2020 Households 9,500 13,500 9,500 13,500 Po ulation 25,000 34,500 25,000 34,500 -Employment x CONFORMANCE WITH REGIONAL SYSTEMS Transportation Traffic 8. To show whether this plan amendment increases or decreases trip generation from the planned land use and transportation element of the community's comprehensive plan, complete the following table using the Institute of Transportation Engineers Trip Generation Manual, 6`" Edition. Trip Generation for the Site Trip Generation for the Site Based on Planned Land Use Based on Planned Land Use Pre Amendment Post Amendment Est. avers a dail traffic 86 94 Est. peak hour traffic 19 .m. peak hour 9 .m. peak hour 9. Will these changes require improvements to the existing local and regional road network or interchanges, beyond what is in the community's current transportation plan? Access 10. If the site has direct access to a principal or "A" minor arterial, is location and spacing consistent with applicable County guidelines or MnDOT's Access Management Guidelines (http://www.oim.dot.state.mn.usJaccess/index.html)? no direct access to a principal or "A" minor arterial. describe: Transit and Other Modes of Transportation 11. Will this amendment enhance access to transit services, increase or decrease the demand for transit services or warrant the extension of new transit service? Not applicable, currentiv not served by transit nor warrant extension of services. x I No, will not affect transit. Yes, list existing routes, describe changes and identify proposed/necessary transit facility improvements (e.o. shelters, park and rides): 12. Does the plan amendment include Traffic Demand Management (TDM) strategies or land use and urban design measures, if applicable? Not No, Yes, describe (e.g. car and van pooling, flexible work hours, mixed land uses that discourage vehicle trips and promote walking, biking, ridesharing, and transit): 13. Does the plan amendment include pedestrian and bike access and facilities, including crosswalks, bridges, trails, sidewalks, and bike racks, if applicable? No, wny not: x Yes, describe: the development will provide sidewalks connection to the citv's trail system. Wastewater Treatment 14. What type of wastewater treatment will be utilized to serve the proposed development? Individual Sewage Treatment Systems ISTS . Skip to 18. Private) Own cl/Community Treatment System. Skip to 18. Local/Municipal Owned Wastewater Treatment Plant. Answer questions 15 and Skip to 18. x I Reaional Wastewater Treatment. complete auestions 15-17. 15. To show whether this plan amendment increases or decreases wastewater flow from currently planned land use and sewer flow projections, complete the following table. n Not Applicable, no changes in flow, Skip to 18 Total Community Flow Pre Amendment (mgd) Total Community Flow Post Amendment (mgd) 2000 2010 2020 16. Identify interceptor(s) that will be impacted by these changes and indicate if flows will be diverted from one interceptor service area to another? 17. Does the plan amendment include any wastewater flow to an adjacent community? (Note: for new intercommunity agreements, the receiving community must also amend the sewer element of its plan) B No Yes, enclose a copy of the inter -community agreement. Aviation 18. Does the plan amendment affect any airport functions? Not a licable, site not within airport influence area or search area, Ski to 19 x No, Skip to 19 Yes, describe relationship to airport safety/noise zones, land use compatibility or other Recreation Open Space 19. Does the amendment include, or is it adjacent to or within th a mile of an existing or planned regional park, reserve or trail, as identified in the Regional Parks and Open Space System Plan (http://www.metrocouncii.org/planning/parks/parks.htm)? No x IYes, describe potential impacts and mitigation plans: the development will connect to the Hiahwav 5 regional trail. 20. Does the amendment include land identified as a valued regional natural resource in the Regional Parks and Open Space System Plan or the Regional Natural Resources Inventory/Assessment (data is available on the MetroGIS map DataFinder website at http://www.datafinder.org/Gatalog.asp. Click on "Preliminary Regionally Significant Natural Resource Areas" under the Biology and Ecology heading) No I I Yes, identify resource and describe plans and proposed funding sources to protect it: CONSISTENCY WITH COUNCIL POLICY Environmental Resources 21. Will/has an environmental review (Environmental Assessment Worksheet, Environmental Impact Statement or Alternative Urban Areawide Review) be/been completed for the site (check all that apply)? type of review and approximate date of completion and include a summary of Surface Water Management 22. Does the plan amendment propose any impacts to wetlands located on the site? Lxi Not applicable, no wetlands on the site No impacts to wetlands located on the site Yes, describe the type of wetland. potential impacts and mitigation plans 23. Will stormwater runoff generated from proposed development be treated on -site? The Council's website contains resources on stormwater management techniques at hftp://www.metrocouncil.orci/planning/assistance/resources.htm. Not Runoff will receive no treatment: I I Hunott will be treated ott-site, identity ott-site treatment tacility: Yes, describe type and level of on -site pollutant removal treatment/mitigation plans: storm water will be treated in a NURP pond. 24. Have conservation oriented design principles, such as rural clustering, low impact development (LID) storm water management techniques and/or native vegetation buffers and landscape design been incorporated into the plan amendment? Primary Zone. Water Supply 25. Will the proposed plan amendment increase or decrease projected water use from the community's current water supply plan? Not Applicable x No increase or decrease in projected water use from water supply plan. Yes, provide water supply plan amendment to describe necessary facilities improvements or MNRRA/Critical Area Plan 26. Does the plan amendment include any land within the designated Mississippi National River and Recreation Area (MNRRA) and Critical Area boundaries? within MNRRA or CA boundaries. No, site is not within MNRRA or CA boundaries. Yes, describe how Critical Area guidelines and voluntary MNRRA Comprehensive Management Plan policies are beinq addressed. Housing 27. Complete the following table if the amendment changes the amount of land available city wide for new medium and high density residential development or redevelopment through 2010. n Not Applicable Medium Density Residential 289 295 -High Density Residential Mixed Land Use with Multifamily Component "Undeveloped" may mean land that is identified for infill or redevelopment. Implementation 28. Will the plan amendment require changes in zoning or subdivision ordinances, Capital Improvement Program (CIP), or other official controls? CERTIFICATION STATE OF MINNESOTA ) ) ss COUNTY OF CARVER ) I, Karen J. Engelhardt, duly appointed, qualified and acting Deputy City Clerk for the City of Chanhassen, Minnesota, do hereby certify that I have compared the foregoing copy of Resolution 2004-29, A Resolution Approving Land Use Plan Amendment Highlands of Bluff Creek — Planning Case 04-01 with the original minutes of the proceeding of the City Council of the City of Chanhassen, Minnesota, at their session held on the 26`" day of April 2004 now on file in my office, and have found the same to be a true and correct copy thereof and as approved by the City Council. Witness my hand and official seal at Chanhassen, Minnesota, this 141s day of May 2004. Karen J(!�gffiiardt, fWputy Clerk CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: April 26, 2004 RESOLUTION NO: 2004-29 MOTION BY: Lundquist SECONDED BY: Peterson A RESOLUTION APPROVING LAND USE PLAN AMENDMENT HIGHLANDS OF BLUFF CREEK — PLANNING CASE 04-01 WHEREAS, the City has received a request for a Land Use Plan Amendment from Residential — Low Density to Residential — Medium Density; and WHEREAS, City Council tabled this item on March 22, 2004 asking the developer to make revisions; and WHEREAS, the developer made revisions including reducing the number of units from 18 units to 16 units, lowering the grades of the private street, and adding landscaping to screen car lights; and WHEREAS, this preserves the Bluff Creek primary zone through the use of density transfer. NOW, THEREFORE, BE rr RESOLVED that the Chanhassen City Council hereby approves the Land Use Plan Amendment from Residential —Low Density to Residential -Medium Density, Planning Case 04-01. Passed and adopted by the Chanhassen City Council this 26"' day of April 2004. ATTEST: Todd Gerhardt, City Manager am Furlong Ayotte Labatt Peterson Lundquist 7 -(L A ZIQ- Thomas A. Furlong, Mayor NO ABSENT None None Message Page 1 of 3 Generous, Bob From: Todd M. Simning[todd.simning@kroissdevelopment.com] Sent: Wednesday, March 03, 2004 2:09 PM To: 'Generous, Bob' Subject: RE: Meeting 2 PM it is and thank you for putting it together. TMS -----Original Message ----- From: Generous, Bob [mailto:bgenerous@ci.chanhassen.mn.us] Sent: Wednesday, March 03, 2004 2:01 PM To: Todd M. Simning' Subject: RE: Meeting Todd: I have scheduled a meeting for 2:00 p.m. Monday, March 8th. Please let me know if this works. F. -----Original Message ----- From, Todd M. Simning [mailto:todd.simning@kroissdevelopment.com] Sent: Wednesday, March 03, 2004 12:11 PM To: 'Generous, Bob' Cc: 'Aanenson, Kate'; 'Haak, Lori'; 'Saam, Matt'; 'Sinclair, Jill'; 'Sweidan, Mahmoud' Subject: RE: Meeting E still want to get together as I believe it is in everyone's best interest to get this resolved prior to the Council meeting. In regards to Pulte and for that matter Lundgren, the staff did work with the developers to decide on a primary boundary. We can demonstrate that we too are saving/giving something just as they have and in return are asking for consideration. We don't even plan on removing any significant trees in the area in question. Thus, no matter what, we should sit down so that we can show you what we propose and I ask that you guys come with an open mind so that we can move forward together. Monday afternoon would be the best time as I do have meetings in the am. Can you guys find a time that would work for you? Much appreciated Todd M. Simning -----Original Message ----- From: Generous, Bob[mailto:bgenerous@ci.chanhassen.mn.us] Sent: Wednesday, March 03, 2004 10:36 AM To: Todd M. Simning' Cc: Aanenson, Kate; Haak, Lori; Saam, Matt; Sinclair, Jill; Sweidan, Mahmoud Subject: RE: Meeting Todd: 3/3/2004 Message Page 2 of 3 I am willing to set up a meeting with you regarding the proposed development; however, I am unsure how productive such a meeting would be. As I stated at last nights meeting, the primary zone boundary is the primary zone boundary, which staff states is the edge of the trees on the northern side of the property. Susan's assertion that the primary zone is only 300 feet from the wetland/creek is patently false since our maps show that the primary zone boundary varies in width throughout the community. And if you look at Figure 9 - the Uplands map in the Bluff Creek Watershed Natural Resource s Management Plan, December 1996, the map clearly shows that the primary zone encompasses even more of Susan's property than staff is asserting with our review of the proposed development for Highlands of Bluff Creek. Staff believes that we are already compromising by recommending the setback variance from the Bluff Creek primary zone boundary as well as supporting the PUD. Other appropriate and consistent zoning for the property are the RSF district, which requires a minimum lot size of 15,000 square feet and a public street, or the R4 district, which requires a minimum of 10,000 square feet per dwelling unit for twin homes as well as a public street. Either of these options would reduce the number of units on the site. The tree removal calculations from the staff report were based on the tree calculations provided on sheet 5 of 6, preliminary landscape plan. Please have Westwood review these numbers as to their accuracy. I have requested that the city forester review the quality and quantity of tree removal based on the north pond and the south pond alternatives. We will include her comments in the city council update. You ultimately need City Council to make a policy decision about the encroachment (variance) in to the primary zone, the land use amendment, rezoning to PUD, the subdivision and the conditional use permit. We can agree to disagree on the encroachment issue. You can point out that the Pulte development, Arboretum Village, was permitted to "encroach" in to the tree line. You should also be aware that Pulte was required to dedicate 11 acres of land west of Highway 41 to the city, include only two- family homes on the north side of Century Trail, preserve a five acre stand of trees along Highway 5 and dedicate a park on the north side of the development. Please let me know if you still want me to proceed with the meeting and I will arrange it. -----Original Message ----- From: Todd M. Simning(mailto:todd.simning@kroissdevelopment.com] Sent: Wednesday, March 03, 2004 7:49 AM To: Bob Generous (bgererous@ci.chanhassen.mn.us) Subject: Meeting :.. 1 would like to set a meeting to get together and discuss the open areas from last nights meeting. Could you be able to assemble yourself, and engineer and the Forester for a meeting on Monday Mar 8? 1 am meeting with our engineers today to discuss how we can proactively approach this project and address items of debate last night. I feel that it is in everyone's best interest to put out best foot forward to come to a consensus prior to Council. If not, we are going to be pitted against each other and that isn'tthe way we like to approach issues. We will need some give on the City's part and obviously we will look at alternatives ourselves. The biggest sticking point is the primary zone. I would appreciate it if you could discuss this with the Forester prior to our meeting and let them know the debate last night and that I 3/3/2004 Message Page 3 of 3 truly feel that we are not asking for much compared to what was given on Pulte's part as documented in the old and current GIS maps. They did infringe on the tree line much, much more than what we are looking to do. Anyway, your thoughtfulness in this matter is much appreciated and let's work toward a common goal over the next several days so that we are on the same page when we go to Council. Regards Todd M. Simning Kroiss Development, Inc. Plowshares Development, LLC. Off ice: 952.361.0832 Fax:952.361.0833 www.kroissdevelopment.com 3/3/2004 Message Page 1 of 2 Generous, Bob From: Todd M. Simning[todd.simning@kroissdevelopment.com] Sent: Sunday, January 25, 2004 3:13 PM To: 'Generous, Bob' Subject: RE: Highlands of Bluff Creek :.. We'll be in with our plan on Jan 30th for the March Planning Commission meeting. TMS -----Original Message ----- From: Generous, Bob[mailto:bgenerous@ci.chanhassen.mn.us] Sent: Wednesday, January 21, 20G4 1:24 PM To: Todd M. Simning' Subject: RE: Highlands of Bluff Creek Todd: I know it it a problem due to the conflicting concerns: storm water management, Bluff Creek primary zone setbacks, tree preservation, site layout, etc.. I did talk with Uli, and the information I gave was his response. I believe, the Planning Commission really wants the pond moved farther south, into more of the open area around the barn. If it encroached "a little" into the trees, then Uli felt that would be acceptable. However, what was proposed encroached too much in to the primary zone wooded area. As I stated previously, staff could permit ponding in the Bluff Creek primary zone setback, not in the primary zone itself. The Planning Commission seems acceptable to some encroachment in the primary zone. If you can't design the storm water pond to reduce the encroachment in to the primary zone, then you may want to go back to the previous plan, incorporating the changes we discussed at our meeting on Fri. 1/16/04, and provide a schematic, which shows the pond more in the barn and open area with less encroachment in to the primary zone trees, to show the Planning Commission that you tried, but could not make it work. However, you will also have to make changes to comply with the primary zone compromise setback that staff is proposing as well as eliminate as many of the recommended conditions of approval (which could change the appearance and layout of the plat) that you can at this time. As we said, we can revise other conditions of approval to show those that are applicable to final plat approval. Should these changes necessitate elimination of lots, that is what would have to be done. You can proceed with your development proposal for an ultimate decision by the city council, which may include a negative recommendation by staff or the Planning Commission. At a minimum, you would want to revise the plan to clean it up as much as possible, bring it back to the Planning Commission and go forward. If you do not want to proceed, then you may withdraw your application by writing to me with that request. The decision will have to be made between you and the rest of your staff. If you have any questions or need additional information, please contact me. Bob Generous -----Original Message----- 3/2/2004 Message Page 2 of 2 From: Todd M. Simning [mailto:todd.simning@kroissdevelopment.com] Sent: Wednesday, January 21, 2004 9:50 AM To: 'Generous, Bob'; brent.hislop@kroissdevelopment.com; ed.hasek@westwoodps.com Cc:'Aanenson, Kate' Subject: RE: Highlands of Bluff Creek :.. Where does that put us right now? Did you have a chance to speak to Uli last night? We have no problem putting the pond back where it originally was if that is what everyone wants. We will not be losing any units as we can not make the feasibility work without 18. If we do impede on the primary just slightly it isn't because we want to but we have to. Otherwise, we will not be doing the project. We are looking for the city to be somewhat flexible in what we are doing as we are trying to do the best with what we have to work with. Please advise so that we can go forward. Regards TMS -----Original Message ----- From: Generous, Bob[mailto:bgenerous@ci.chanhassen.mn.us] Sent: Tuesday, January 20, 2004 6:56 PM To: 'todd.simning@kroissdevelopment.com'; 'brent.hislop@kroissdevelopment.com'; 'ed.hasek@westwoodps.com' Cc: Aanenson, Kate Subject: Highlands of Bluff Creek Todd: Attached is the response to the proposed revisions to the plans and the minutes from the public hearing. Bob <<Relocated NURP pond.doc>> <<PC Minutes 1 6 04.doc>> <<Generous, Bob.vcf>> 3/2/2004 0 CITY OF CIIA NSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1 too Fax: 952.227.1110 Building Inspections Phone: 952.227,1180 Fax: 952.227.1190 Engineering Phone: 952.227,1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park A Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 0 January 23, 2004 Mr. Todd Simning Plowshares Development, LLC 1851 Lake Drive West, Suite 550 Chanhassen, MN 55317 Re: Highlands of Bluff Creek Dear Todd: Since the Planning Commission tabled the above referenced project to have you revise the plans, the city will be unable to complete the development review process within 60 days of the original submittal (submitted December 5, 2003). We are therefore notifying you that the city will be taking up to an additional 60 days to complete the development review for the project, which would extend the review period to April 3, 2004. The project has been scheduled for review by the Planning Commission on March 2, 2004. As part of our discussions, you will be submitting revised plans by January 30, 2004. From the Planning Commission, it would be sent to the City Council March 22, 2004. If you have any questions, please contact me at (952) 227-1131. Public Works Since 1Park Road Phone: 952.227.1300 Fax: 952,227.1310 Senior Center Robert Generous, AICP Phone:952.227.1125 Senior Planner Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a chanting downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Message . Page 1 of 2 Generous, Bob To: Todd M. Simning Subject: RE: Highlands of Bluff Creek Todd: I know it it a problem due to the conflicting concerns: storm water management, Bluff Creek primary zone setbacks, tree preservation, site layout, etc.. did talk with UIi, and the information I gave was his response. I believe, the Planning Commission really wants the pond moved farther south, into more of the open area around the barn. If it encroached "a little" into the trees, then UIi felt that would be acceptable. However, what was proposed encroached too much in to the primary zone wooded area. As I stated previously, staff could permit ponding in the Bluff Creek primary zone setback, not in the primary zone itself. The Planning Commission seems acceptable to some encroachment in the primary zone. If you can't design the storm water pond to reduce the encroachment in to the primary zone, then you may want to go back to the previous plan, incorporating the changes we discussed at our meeting on Fri. 1/16/04, and provide a schematic, which shows the pond more in the barn and open area with less encroachment in to the primary zone trees, to show the Planning Commission that you tried, but could not make it work. However, you will also have to make changes to comply with the primary zone compromise setback that staff is proposing as well as eliminate as many of the recommended conditions of approval (which could change the appearance and layout of the plat) that you can at this time. As we said, we can revise other conditions of approval to show those that are applicable to final plat approval. Should these changes necessitate elimation of lots, that is what would have to be done. You can proceed with your development proposal for an ultimate decision by the city council, which may include a negative recommendation by staff or the Planning Commission. At a minimum, you would want to revise the plan to clean it up as much as possible, bring it back to the Planning Commission and go forward. If you do not want to proceed, then you may withdraw your application by writing to me with that request. The decision will have to be made between you and the rest of your staff. If you have any questions or need additional information, please contact me. Bob Generous -----Original Message ----- From: Todd M. Simning [mailto:todd.simning@kroissdevelopment.com] Sent: Wednesday, January 21, 2004 9:50 AM To: 'Generous, Bob'; brent.hislop@kroissdevelopment.com; ed.hasek@westwoodps.com Cc: 'Aanenson, Kate' Subject: RE: Highlands of Bluff Creek Where does that put us right now? Did you have a chance to speak to UIi last night? We have no problem putting the pond back where it originally was if that is what everyone wants. We will not be losing any units as we can not make the feasibility work without 18. If we do impede on the primary just slightly it isn't because we want to but we have to. Otherwise, we will not be doing the project. We are looking for the city to be somewhat flexible in what we are doing as we are trying to do the best with what we have to work with. Please advise so that we can go forward. 1/21/2004 Message • Page 2 of 2 • Regards TMS -----Original Message ----- From: Generous, Bob[mailto:bgenerous@ci.chanhassen.mn.us] Sent: Tuesday, January 20, 2004 6:56 PM To: 'todd.simning@kroissdevelopment.com'; 'brent.hislop@kroissdevelopment.com'; 'ed. hasek@westwoodps.com' Cc: Aanenson, Kate Subject: Highlands of Bluff Creek Todd: Attached is the response to the proposed revisions to the plans and the minutes from the public hearing. Bob <<Relocated NURP pond.doc>> <<PC Minutes 1 6 04.doc>> <<Generous, Bob.vcf>> 1/21/2004 Generous, Bob From: Generous, Bob Sent: Tuesday, January 06, 2004 1:20 PM To: 'Labatt4CC@aol.com' Cc: Aanenson, Kate Subject: Plowshares Development Steve: I try to answer your questions regarding the proposed development -Consistency with comprehensive plan: The proposed development is 3.18 units per acre which is within the density range for residential low density uses (1.2 - 4.0 units per acre). If the three units that encroach in to the Bluff Creek primary zone are removed, then the density would be 2.64 units per acre. The only reason that the land use amendment to medium density is proposed is so that the developer can do density clustering. (This issue is related to the problems of the PUD ordinance, which does not permit cluster development for properties guided residential - low density, and is being proposed for amendment.) The density of the Pulte development north of West 78th Street is 3.5 units per acre. -Approximately 30 % of the site, the northerly portion of the property, is within the primary zone, which we are defining as the tree line that runs parallel to the wetlands north of the property. Staff believes that the establishment and protection of the primary zone is critical. All of our discussion with the developer have been that the primary zone is the primary zone and can not be altered, and, therefore, we are recommending that the encroachment into the primary zone, not be approved, but rather that a minimum 20 foot setback be retained. This 20 foot setback permits the construction of a building without intruding in to the primary zone. The applicant could have installed the storm water pond on the north side of the project and moved the units even closer to west 78th street, but from a design standpoint, it was felt that the separation from West 78th Street should be made for the dwelling units. -Property values. The developer is proposing a base price per unit at approximately $300,000, similar to their development in Eden Prairie. With extras, the final values will be between $375,00 - $425,000. -Property remnants. When Pulte platted their development, there were small strips of land between the right-of-way for West 78th Street and the McAllister property. We encouraged the developer to incorporate these small parcels in to their project, since they were not being used by Pulte or the city. -The 42% canopy coverage includes the entire parcel. If the two remnant pieces are removed from the area calculations, the canopy coverage would be 45% baseline. Staff is recommending that the encroachment in to the primary zone tree line not be approved. This change would reduce some of the tree removal. The existing site canopy coverage area is 2.75 acres. The developer estimates that the grading for the development's roads and house pads will remove 0.75 acres of canopy. This represents the 27% of the total tree canopy (0.75/2.75). An additional 0.16 acres will be removed for ponding and utilities, bringing the total tree removal to 0.91 acres. One-third of the existing canopy coverage will be removed. I hope I have answered your questions. If you have additional questions or need clarification, please let me know. Bob Generous BE Generous, Bob.vcf (3 KB) Message • • Page 1 of 2 Generous, Bob From: Aanenson, Kate Sent: Tuesday, January 06, 2004 12:17 PM To: Generous, Bob Subject: FW: Plowshares dev. -----Original Message ----- From: Labatt4CC@aol.com [mailto:Labatt4CC@aol.com] Sent: Tuesday, January 06, 2004 9:09 AM To: kaanenson@ci.chanhassen.mn.us Subject: Plowshares dev. Kate ... Here are some of the questions that have been brought up to my attention regarding the Plowshares development. Can you answer these? Thanks. Steve Steve — below are comments and questions: - The project is not consistent with the Pulte development — the city council was quite clear in adhering to the Comprehensive Plan. North of 78th is to be low density — it would not be fair to Pulte to move the goal posts now. .. approx. 30% is located within the Bluff Creek Overlay District primary zone..." Primary corridor needs to retain the setbacks. o Why does staff recommend a variance and this encroachment? "...staff supports a variance of 20 ft. setback vs. 40 ft. requirement — this is unacceptable and makes the properties crammed into the woods. Staff notes Lot 1-7 do not meet the requirement. Staff is "recommending all drainage for those lots be directed to the drain tile system behind the street curb." - No reference to property values? - ? Final plat approval is contingent on the developer acquiring the two parcels adjacent to W. 781h. 5.66 acres includes the two small parcels — Chan city .34 ac. And Pulte .10 acres. What is with this? - 42% of the site is forested. Would be huge tree loss and all development in the BCOD is to respect the existing natural structures. (is 42% McCallister property or includes the two parcels? If it includes the two parcels the site is probably 50%+ forested.) - 106 significant trees are tagged and 14% recognized as diseased. ? What % land and tree mass of the 42% is to be cut? State 27% of trees will be cut just for the construction of the roads. Is that 27% of what is to be cut or 27% of the total forest? 1 /6/2004 December 10, 2003 Todd M. Simning Plowshares Development, LLC CITY OF 1851 Lake Drive West CHA NSEN Chanhassen, MN 55317 7700 Market Boulevard PC Box 147 Dear Todd, Chanhassen. MN 55317 This letter is a follow up to your application for rezoning and subdivision of the Administration McAllister property. While we have met with you and held an informal meeting with Phone: 952.227 1100 Fax :952227.t110 the Planning Commission, it appears that the direction that you were given has not been followed. Therefore, staff will not be recommending approval of your Building Inspections application for the following reasons: Phone. 952.227.1180 Fax:952.227.1190 1. The application of the density transfer requires an analysis of development Engineering capacity using one of the three low density zoning options: RSF, R-4 and Phone: 952 227 1160 PUD-R. This exercise establishes the maximum number of dwelling units. Fax: 952.227.1170 The development scenario shall include a public street and compliance with minimum lot sizes and accommodations for storm water. You must submit Finance the first scenario in order to use the cluster application. Phone: 052.227.1140 Fax: 952227.1110 2. Direction was given for twin homes not 4-attached. It was anticipated that Park & Recreation this development would continue the intensity of development existing north Phone:952.227,1120 of West 78 h Street with two and three -unit structures. The architecture needs Fax:952227.1110 further development including articulation and variation. Recreaion Center 2310 Coulter Boulevard 3. The Primary Zone Boundary should be the tree line consistent with other Fax: Phone: 22.2214400 Fax:.52.227.1404 development proposals. Staff will work with you on approval of a setback variance. Planning & Natural Resources 4. Provide drainage calculations for city review. Phone: 952.227.1130 Fax:952,2271110 We will proceed with the development review with a negative recommendation Public Works unless you submit the above revisions and information by Monday, December 15, 1591 Park Road 2003. If you have any questions, please contact me at (952) 227-1131. Phone:952.227.1300 Fax: 952 227.1310 Sincerely, Senior Center - Phone. 952.221.1125 Fax: 952.227.1110 Robert Generous, AICP Web Site Senior Planner www.ci.chanhassen.mn.us c: Kate Aanenson, Community Development Director The City of Chanhassen • A growing community with clean lakes.. quality schools. a chaming downtown. thriving businesses. writing: rails, and beautiful parks. A gnat place to live, work. and play.