CC Staff Report 10-22-18CITY COUNCIL STAFF REPORT
Monday, October 22, 2018
Subject Glendale Drive Subdivision Request: Approve Preliminary Plat for 5 Lots and a Variance for a
50foot Wide Public Street
Section NEW BUSINESS Item No: H.1.
Prepared By Sharmeen AlJaff, Senior Planner File No: PC 201813
PROPOSED MOTION
“The City Council approves the preliminary plat to subdivide 2.14 acres into five lots and one outlot and a variance
to allow a 50foot public rightofway (ROW) as shown in plans stamped Received August 29, 2018 subject to the
conditions of approval and adopts the Findings of Fact."
Approval requires a Simple Majority Vote of members present.
SUMMARY
The applicant is requesting to subdivide 2.14 acres into five lots for singlefamily detached housing. The property is
located at the southwest intersection of Minnewashta Parkway and Glendale Drive. Access to the site is proposed via
Glendale Drive. Sewer and water is available to the site. The property is zoned SingleFamily Residential, RSF.
BACKGROUND
On August 7, 2018, the Planning Commission reviewed and tabled action on this request. Multiple issues were of
concern to staff. The applicant was directed to address these issues.
On October 2, 2018, the Planning Commission reviewed and approved this application for five lots without a road
extension to serve the property to the south. Multiple issues were raised during the meeting. Staff will address some of
these issues.
DISCUSSION
Legal Issues
Representatives of the Stratford Ridge Subdivision raised some legal issues. Below is the City Attorney’s comments:
Per your request I have reviewed the Stratford Ridge subdivision Residents’ response to Glendale subdivision
application. The memo quotes MN Statutes 462.357, Subd (6)(2) and correctly notes that the term “undue
hardship” was changed to “practical difficulties.” The quoted statute is applicable to “variances from the
requirements of the zoning ordinance.” The City’s zoning ordinance, Section 2058, was amended to be
consistent with the statute and requires “practical difficulties” not “undue hardship.”
CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectGlendale Drive Subdivision Request: Approve Preliminary Plat for 5 Lots and a Variance for a50foot Wide Public StreetSectionNEW BUSINESS Item No: H.1.Prepared By Sharmeen AlJaff, Senior Planner File No: PC 201813PROPOSED MOTION“The City Council approves the preliminary plat to subdivide 2.14 acres into five lots and one outlot and a varianceto allow a 50foot public rightofway (ROW) as shown in plans stamped Received August 29, 2018 subject to theconditions of approval and adopts the Findings of Fact."Approval requires a Simple Majority Vote of members present.SUMMARYThe applicant is requesting to subdivide 2.14 acres into five lots for singlefamily detached housing. The property islocated at the southwest intersection of Minnewashta Parkway and Glendale Drive. Access to the site is proposed viaGlendale Drive. Sewer and water is available to the site. The property is zoned SingleFamily Residential, RSF.BACKGROUNDOn August 7, 2018, the Planning Commission reviewed and tabled action on this request. Multiple issues were ofconcern to staff. The applicant was directed to address these issues.On October 2, 2018, the Planning Commission reviewed and approved this application for five lots without a roadextension to serve the property to the south. Multiple issues were raised during the meeting. Staff will address some ofthese issues.DISCUSSIONLegal IssuesRepresentatives of the Stratford Ridge Subdivision raised some legal issues. Below is the City Attorney’s comments:Per your request I have reviewed the Stratford Ridge subdivision Residents’ response to Glendale subdivisionapplication. The memo quotes MN Statutes 462.357, Subd (6)(2) and correctly notes that the term “unduehardship” was changed to “practical difficulties.” The quoted statute is applicable to “variances from the
requirements of the zoning ordinance.” The City’s zoning ordinance, Section 2058, was amended to be
consistent with the statute and requires “practical difficulties” not “undue hardship.”
The proposed variance, however, is to the city’s subdivision ordinance requirement of a 60foot rightofway,
City Code Section 1857. It is not a variance to the city’s zoning ordinance requirements. MN Statutes 462.358,
subd. 6 regulates variances from subdivision regulations and requires finding of a “hardship”:
Subd. 6.Variances. Subdivision regulations may provide for a procedure for varying the regulations as they
apply to specific properties where an unusual hardship on the land exists, but variances may be granted only
upon the specific grounds set forth in the regulations. Unusual hardship includes, but is not limited to,
inadequate access to direct sunlight for solar energy systems."
City owned property adjacent to Country Oaks Drive
The property owner south of the subject site (6760 Minnewashta Parkway) requested that the portion of the parcel
highlighted in blue be combined with her property in order to provide access off of Country Oaks Drive. It is staff’s
recommendation that this portion be combined with 3931 Country Oaks. This remaining strip is not sufficient in width
to provide adequate frontage/access for 6760 Minnewashta Parkway.
Street serving property south of the subject site
The developer has indicated that a variance is not necessary because there is not an intention to provide access
through the property managed by the developer. Therefore, granting the variance request is not applicable to their
CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectGlendale Drive Subdivision Request: Approve Preliminary Plat for 5 Lots and a Variance for a50foot Wide Public StreetSectionNEW BUSINESS Item No: H.1.Prepared By Sharmeen AlJaff, Senior Planner File No: PC 201813PROPOSED MOTION“The City Council approves the preliminary plat to subdivide 2.14 acres into five lots and one outlot and a varianceto allow a 50foot public rightofway (ROW) as shown in plans stamped Received August 29, 2018 subject to theconditions of approval and adopts the Findings of Fact."Approval requires a Simple Majority Vote of members present.SUMMARYThe applicant is requesting to subdivide 2.14 acres into five lots for singlefamily detached housing. The property islocated at the southwest intersection of Minnewashta Parkway and Glendale Drive. Access to the site is proposed viaGlendale Drive. Sewer and water is available to the site. The property is zoned SingleFamily Residential, RSF.BACKGROUNDOn August 7, 2018, the Planning Commission reviewed and tabled action on this request. Multiple issues were ofconcern to staff. The applicant was directed to address these issues.On October 2, 2018, the Planning Commission reviewed and approved this application for five lots without a roadextension to serve the property to the south. Multiple issues were raised during the meeting. Staff will address some ofthese issues.DISCUSSIONLegal IssuesRepresentatives of the Stratford Ridge Subdivision raised some legal issues. Below is the City Attorney’s comments:Per your request I have reviewed the Stratford Ridge subdivision Residents’ response to Glendale subdivisionapplication. The memo quotes MN Statutes 462.357, Subd (6)(2) and correctly notes that the term “unduehardship” was changed to “practical difficulties.” The quoted statute is applicable to “variances from therequirements of the zoning ordinance.” The City’s zoning ordinance, Section 2058, was amended to beconsistent with the statute and requires “practical difficulties” not “undue hardship.”The proposed variance, however, is to the city’s subdivision ordinance requirement of a 60foot rightofway,City Code Section 1857. It is not a variance to the city’s zoning ordinance requirements. MN Statutes 462.358,subd. 6 regulates variances from subdivision regulations and requires finding of a “hardship”: Subd. 6.Variances. Subdivision regulations may provide for a procedure for varying the regulations as theyapply to specific properties where an unusual hardship on the land exists, but variances may be granted onlyupon the specific grounds set forth in the regulations. Unusual hardship includes, but is not limited to,inadequate access to direct sunlight for solar energy systems."City owned property adjacent to Country Oaks DriveThe property owner south of the subject site (6760 Minnewashta Parkway) requested that the portion of the parcelhighlighted in blue be combined with her property in order to provide access off of Country Oaks Drive. It is staff’srecommendation that this portion be combined with 3931 Country Oaks. This remaining strip is not sufficient in widthto provide adequate frontage/access for 6760 Minnewashta Parkway.Street serving property south of the subject site
The developer has indicated that a variance is not necessary because there is not an intention to provide access
through the property managed by the developer. Therefore, granting the variance request is not applicable to their
application.
Staff believes it is appropriate to include the recommendation in the staff report to allow a 50foot wide rightofway
in lieu of the city standard which is a minimum width of 60 feet. This was to help the developer maintain their desired
five lots in addition to dedicating rightofway to provide access for a street section to the properties to the south.
Staff is compelled to continue to be a proponent for a reasonable solution that facilitates access for the properties to
the south of the subject property. The residents in the Stratford Ridge Homeowners Association have made it clear
that they are against the through street that was planned when the development was platted. The homes that are on the
culdesac are against removal of the ‘temporary’ culdesac that would be necessary for Stratford Ridge to extend to
the north.
The length of the existing culdesac is also an issue. Currently, the temporary culdesac’s length is 780 feet. Stratford
Ridge would likely need to be extended around 250 feet in order to serve the two properties to the south of the
subject property. This assumes these two properties would elect to develop collectively. Section 1857(k) of the City
Code indicates the maximum length of a culdesac is 800 feet. A variance would be required to facilitate the
extension of Stratford Ridge to the north. The developer has debated the measurement of the length of a culdesac.
The developer suggests the measurement begins at the intersection of Stratford Boulevard and Stratford Ridge.
Engineering and the Fire Department disagree with this interpretation. The intention of the culdesac length
measurement within the City Code is to establish a maximum length of travel for response timing for emergency
vehicles. Hence, the measurement needs to be begin from Minnewashta Parkway to the center of the temporary cul
desac at the end of Stratford Ridge.
Another issue worth making note of is the existing diameter of the culdesac on Stratford Ridge. Both culdesacs
measure 77 feet in diameter. The current city standard is to require a 90foot diameter. This will be the diameter
required for a future culdesac if an extension of the street occurrs. The primary reason for the increased diameter is
to facilitate the movement of emergency vehicles such as the new ladder truck owned by the Fire Department.
Engineering will not be a proponent for a subdivision plan that would request access off of Minnewashta Parkway.
This is due to direction provided within the city code. Section 205 of the city code designates Minnewashta Parkway
as a collector street. A collector street is defined as a street that carries traffic from local streets to arterial streets. It is
important that accesses are minimized to facilitate efficient and safer vehicular flow. Section 1857(l) of the city code
indicates “Where a proposed subdivision is adjacent to a limitedaccess highway, arterial, or collector street, there
shall be no direct vehicular or pedestrian access from individual lots to such highways or streets …”.
The owner of the property to the south of the subject site has met with staff on multiple occasions over the past seven
years to discuss development of their property. Staff has always discussed with this property owner that development
of their property is premature until development occurred to the north or south to allow access to the property to be
coordinated. Therefore, requiring access from the north should be a main consideration at this time. If it is not
included, access will essentially have to be provided from the south.
The property owner to the south hired a private engineering consultant to prepare some alternate concepts for
consideration as part of this discussion. Engineering believes there are alternatives that can be supported within the
concepts.
Staff believes the developer should be directed to work with the properties to the south from the perspective of
providing reasonable access. It appears feasible that five lots and a 50foot rightofway can be provided.
Staff finds both Concepts #1 and #2 as shown below, prepared by Alliant Engineering, to be viable options.
CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectGlendale Drive Subdivision Request: Approve Preliminary Plat for 5 Lots and a Variance for a50foot Wide Public StreetSectionNEW BUSINESS Item No: H.1.Prepared By Sharmeen AlJaff, Senior Planner File No: PC 201813PROPOSED MOTION“The City Council approves the preliminary plat to subdivide 2.14 acres into five lots and one outlot and a varianceto allow a 50foot public rightofway (ROW) as shown in plans stamped Received August 29, 2018 subject to theconditions of approval and adopts the Findings of Fact."Approval requires a Simple Majority Vote of members present.SUMMARYThe applicant is requesting to subdivide 2.14 acres into five lots for singlefamily detached housing. The property islocated at the southwest intersection of Minnewashta Parkway and Glendale Drive. Access to the site is proposed viaGlendale Drive. Sewer and water is available to the site. The property is zoned SingleFamily Residential, RSF.BACKGROUNDOn August 7, 2018, the Planning Commission reviewed and tabled action on this request. Multiple issues were ofconcern to staff. The applicant was directed to address these issues.On October 2, 2018, the Planning Commission reviewed and approved this application for five lots without a roadextension to serve the property to the south. Multiple issues were raised during the meeting. Staff will address some ofthese issues.DISCUSSIONLegal IssuesRepresentatives of the Stratford Ridge Subdivision raised some legal issues. Below is the City Attorney’s comments:Per your request I have reviewed the Stratford Ridge subdivision Residents’ response to Glendale subdivisionapplication. The memo quotes MN Statutes 462.357, Subd (6)(2) and correctly notes that the term “unduehardship” was changed to “practical difficulties.” The quoted statute is applicable to “variances from therequirements of the zoning ordinance.” The City’s zoning ordinance, Section 2058, was amended to beconsistent with the statute and requires “practical difficulties” not “undue hardship.”The proposed variance, however, is to the city’s subdivision ordinance requirement of a 60foot rightofway,City Code Section 1857. It is not a variance to the city’s zoning ordinance requirements. MN Statutes 462.358,subd. 6 regulates variances from subdivision regulations and requires finding of a “hardship”: Subd. 6.Variances. Subdivision regulations may provide for a procedure for varying the regulations as theyapply to specific properties where an unusual hardship on the land exists, but variances may be granted onlyupon the specific grounds set forth in the regulations. Unusual hardship includes, but is not limited to,inadequate access to direct sunlight for solar energy systems."City owned property adjacent to Country Oaks DriveThe property owner south of the subject site (6760 Minnewashta Parkway) requested that the portion of the parcelhighlighted in blue be combined with her property in order to provide access off of Country Oaks Drive. It is staff’srecommendation that this portion be combined with 3931 Country Oaks. This remaining strip is not sufficient in widthto provide adequate frontage/access for 6760 Minnewashta Parkway.Street serving property south of the subject siteThe developer has indicated that a variance is not necessary because there is not an intention to provide accessthrough the property managed by the developer. Therefore, granting the variance request is not applicable to theirapplication.Staff believes it is appropriate to include the recommendation in the staff report to allow a 50foot wide rightofwayin lieu of the city standard which is a minimum width of 60 feet. This was to help the developer maintain their desiredfive lots in addition to dedicating rightofway to provide access for a street section to the properties to the south.Staff is compelled to continue to be a proponent for a reasonable solution that facilitates access for the properties tothe south of the subject property. The residents in the Stratford Ridge Homeowners Association have made it clearthat they are against the through street that was planned when the development was platted. The homes that are on theculdesac are against removal of the ‘temporary’ culdesac that would be necessary for Stratford Ridge to extend tothe north.The length of the existing culdesac is also an issue. Currently, the temporary culdesac’s length is 780 feet. StratfordRidge would likely need to be extended around 250 feet in order to serve the two properties to the south of thesubject property. This assumes these two properties would elect to develop collectively. Section 1857(k) of the CityCode indicates the maximum length of a culdesac is 800 feet. A variance would be required to facilitate theextension of Stratford Ridge to the north. The developer has debated the measurement of the length of a culdesac.The developer suggests the measurement begins at the intersection of Stratford Boulevard and Stratford Ridge.Engineering and the Fire Department disagree with this interpretation. The intention of the culdesac lengthmeasurement within the City Code is to establish a maximum length of travel for response timing for emergencyvehicles. Hence, the measurement needs to be begin from Minnewashta Parkway to the center of the temporary culdesac at the end of Stratford Ridge.Another issue worth making note of is the existing diameter of the culdesac on Stratford Ridge. Both culdesacsmeasure 77 feet in diameter. The current city standard is to require a 90foot diameter. This will be the diameterrequired for a future culdesac if an extension of the street occurrs. The primary reason for the increased diameter isto facilitate the movement of emergency vehicles such as the new ladder truck owned by the Fire Department.Engineering will not be a proponent for a subdivision plan that would request access off of Minnewashta Parkway.This is due to direction provided within the city code. Section 205 of the city code designates Minnewashta Parkwayas a collector street. A collector street is defined as a street that carries traffic from local streets to arterial streets. It isimportant that accesses are minimized to facilitate efficient and safer vehicular flow. Section 1857(l) of the city codeindicates “Where a proposed subdivision is adjacent to a limitedaccess highway, arterial, or collector street, thereshall be no direct vehicular or pedestrian access from individual lots to such highways or streets …”.The owner of the property to the south of the subject site has met with staff on multiple occasions over the past sevenyears to discuss development of their property. Staff has always discussed with this property owner that developmentof their property is premature until development occurred to the north or south to allow access to the property to becoordinated. Therefore, requiring access from the north should be a main consideration at this time. If it is notincluded, access will essentially have to be provided from the south.The property owner to the south hired a private engineering consultant to prepare some alternate concepts forconsideration as part of this discussion. Engineering believes there are alternatives that can be supported within theconcepts.Staff believes the developer should be directed to work with the properties to the south from the perspective ofproviding reasonable access. It appears feasible that five lots and a 50foot rightofway can be provided.
Staff finds both Concepts #1 and #2 as shown below, prepared by Alliant Engineering, to be viable options.
Storm Water
On August 7, 2018, the Planning Commission reviewed and tabled action on this application. There were
multiple issues that were of concern to staff. The applicant was directed by the Planning Commission to address
these issues and resubmit the plans for review and approval.
On August 22 Engineering and Planning staff met with the applicant. Each of the items in the August 7 Staff
Report were discussed, including the applicable city code and staff’s recommendations for a treatment train or
single pond in the southeast corner. Staff also reiterated the need for an HOA to meet maintenance
requirements.
CITY COUNCIL STAFF REPORTMonday, October 22, 2018SubjectGlendale Drive Subdivision Request: Approve Preliminary Plat for 5 Lots and a Variance for a50foot Wide Public StreetSectionNEW BUSINESS Item No: H.1.Prepared By Sharmeen AlJaff, Senior Planner File No: PC 201813PROPOSED MOTION“The City Council approves the preliminary plat to subdivide 2.14 acres into five lots and one outlot and a varianceto allow a 50foot public rightofway (ROW) as shown in plans stamped Received August 29, 2018 subject to theconditions of approval and adopts the Findings of Fact."Approval requires a Simple Majority Vote of members present.SUMMARYThe applicant is requesting to subdivide 2.14 acres into five lots for singlefamily detached housing. The property islocated at the southwest intersection of Minnewashta Parkway and Glendale Drive. Access to the site is proposed viaGlendale Drive. Sewer and water is available to the site. The property is zoned SingleFamily Residential, RSF.BACKGROUNDOn August 7, 2018, the Planning Commission reviewed and tabled action on this request. Multiple issues were ofconcern to staff. The applicant was directed to address these issues.On October 2, 2018, the Planning Commission reviewed and approved this application for five lots without a roadextension to serve the property to the south. Multiple issues were raised during the meeting. Staff will address some ofthese issues.DISCUSSIONLegal IssuesRepresentatives of the Stratford Ridge Subdivision raised some legal issues. Below is the City Attorney’s comments:Per your request I have reviewed the Stratford Ridge subdivision Residents’ response to Glendale subdivisionapplication. The memo quotes MN Statutes 462.357, Subd (6)(2) and correctly notes that the term “unduehardship” was changed to “practical difficulties.” The quoted statute is applicable to “variances from therequirements of the zoning ordinance.” The City’s zoning ordinance, Section 2058, was amended to beconsistent with the statute and requires “practical difficulties” not “undue hardship.”The proposed variance, however, is to the city’s subdivision ordinance requirement of a 60foot rightofway,City Code Section 1857. It is not a variance to the city’s zoning ordinance requirements. MN Statutes 462.358,subd. 6 regulates variances from subdivision regulations and requires finding of a “hardship”: Subd. 6.Variances. Subdivision regulations may provide for a procedure for varying the regulations as theyapply to specific properties where an unusual hardship on the land exists, but variances may be granted onlyupon the specific grounds set forth in the regulations. Unusual hardship includes, but is not limited to,inadequate access to direct sunlight for solar energy systems."City owned property adjacent to Country Oaks DriveThe property owner south of the subject site (6760 Minnewashta Parkway) requested that the portion of the parcelhighlighted in blue be combined with her property in order to provide access off of Country Oaks Drive. It is staff’srecommendation that this portion be combined with 3931 Country Oaks. This remaining strip is not sufficient in widthto provide adequate frontage/access for 6760 Minnewashta Parkway.Street serving property south of the subject siteThe developer has indicated that a variance is not necessary because there is not an intention to provide accessthrough the property managed by the developer. Therefore, granting the variance request is not applicable to theirapplication.Staff believes it is appropriate to include the recommendation in the staff report to allow a 50foot wide rightofwayin lieu of the city standard which is a minimum width of 60 feet. This was to help the developer maintain their desiredfive lots in addition to dedicating rightofway to provide access for a street section to the properties to the south.Staff is compelled to continue to be a proponent for a reasonable solution that facilitates access for the properties tothe south of the subject property. The residents in the Stratford Ridge Homeowners Association have made it clearthat they are against the through street that was planned when the development was platted. The homes that are on theculdesac are against removal of the ‘temporary’ culdesac that would be necessary for Stratford Ridge to extend tothe north.The length of the existing culdesac is also an issue. Currently, the temporary culdesac’s length is 780 feet. StratfordRidge would likely need to be extended around 250 feet in order to serve the two properties to the south of thesubject property. This assumes these two properties would elect to develop collectively. Section 1857(k) of the CityCode indicates the maximum length of a culdesac is 800 feet. A variance would be required to facilitate theextension of Stratford Ridge to the north. The developer has debated the measurement of the length of a culdesac.The developer suggests the measurement begins at the intersection of Stratford Boulevard and Stratford Ridge.Engineering and the Fire Department disagree with this interpretation. The intention of the culdesac lengthmeasurement within the City Code is to establish a maximum length of travel for response timing for emergencyvehicles. Hence, the measurement needs to be begin from Minnewashta Parkway to the center of the temporary culdesac at the end of Stratford Ridge.Another issue worth making note of is the existing diameter of the culdesac on Stratford Ridge. Both culdesacsmeasure 77 feet in diameter. The current city standard is to require a 90foot diameter. This will be the diameterrequired for a future culdesac if an extension of the street occurrs. The primary reason for the increased diameter isto facilitate the movement of emergency vehicles such as the new ladder truck owned by the Fire Department.Engineering will not be a proponent for a subdivision plan that would request access off of Minnewashta Parkway.This is due to direction provided within the city code. Section 205 of the city code designates Minnewashta Parkwayas a collector street. A collector street is defined as a street that carries traffic from local streets to arterial streets. It isimportant that accesses are minimized to facilitate efficient and safer vehicular flow. Section 1857(l) of the city codeindicates “Where a proposed subdivision is adjacent to a limitedaccess highway, arterial, or collector street, thereshall be no direct vehicular or pedestrian access from individual lots to such highways or streets …”.The owner of the property to the south of the subject site has met with staff on multiple occasions over the past sevenyears to discuss development of their property. Staff has always discussed with this property owner that developmentof their property is premature until development occurred to the north or south to allow access to the property to becoordinated. Therefore, requiring access from the north should be a main consideration at this time. If it is notincluded, access will essentially have to be provided from the south.The property owner to the south hired a private engineering consultant to prepare some alternate concepts forconsideration as part of this discussion. Engineering believes there are alternatives that can be supported within theconcepts.Staff believes the developer should be directed to work with the properties to the south from the perspective ofproviding reasonable access. It appears feasible that five lots and a 50foot rightofway can be provided.Staff finds both Concepts #1 and #2 as shown below, prepared by Alliant Engineering, to be viable options.Storm WaterOn August 7, 2018, the Planning Commission reviewed and tabled action on this application. There weremultiple issues that were of concern to staff. The applicant was directed by the Planning Commission to addressthese issues and resubmit the plans for review and approval.On August 22 Engineering and Planning staff met with the applicant. Each of the items in the August 7 StaffReport were discussed, including the applicable city code and staff’s recommendations for a treatment train or
single pond in the southeast corner. Staff also reiterated the need for an HOA to meet maintenance
requirements.
On August 31 staff received an updated submission from the applicant. The applicant did not address the
primary issues in the August 7 staff report; however, some of the issues were addressed and sufficient
supplementary information was provided. Staff informed the applicant they were now able to determine
conditions for approval.
On September 18, staff was informed by Minnehaha Creek Watershed District (MCWD) that they had still not
received an application from the applicant. Staff had informed the applicant of this requirement in the preliminary
meeting, August 7 Planning Commission meeting, and August 22 meeting. Staff sent an email to the applicant
reminding them of this requirement.
On October 2, the Planning Commission supported and passed all water resourcerelated conditions for
approval.
On October 11, the applicant proposed a “pond” on the southeast corner of Lot 5 to meet stormwater
standards for water quality and rate control. The applicant proposes, and staff agrees, that a swale is necessary
along the full rear of the yards to ensure stormwater runoff is directed to the pond, and infiltration within the
swale is only utilized if the pond cannot meet standards alone. Staff recommends the applicant consider
connecting the pond outlet to the 12inch RCP storm along Minnewashta Parkway, determine if the structure is
sized appropriately, and provide any upgrades including sump manhole at tie in. The proposed pond EOF
should meet city code. The applicant stated they will provide an updated stormwater management plan. The
proposed pond and swale address two of the primary stormwater concerns. The HOA, easement, and
conditions for approval will address the remaining concerns.
There have been significant issues in the city where operation and maintenance requirements were recorded against a
single property. Staff recommends an HOA be required with a detailed funding mechanism as the responsible entity for
permanent operation and maintenance. Staff recommends the EOF be approved as proposed at an elevation at least
one foot below the low floor opening of the adjacent property, and that the applicant work with staff and the adjacent
property owner to ensure the EOF route does not create a public nuisance. Staff also recommends permanent BMPs
be designed and installed to connect to a future regional pond south of the property without significantly altering the
grading, drainage, installed utilities, or removal/relocation of primary structures, accessory structures, and driveways.
ATTACHMENTS:
Planning Commission Staff Report dated October 2, 2018 (with revisions)
Planning Commission Staff Report Attachments
Letter from Carin Moore received October 2, 2018
Letter from Carin Moore received October 16, 2018
Stratford Ridge Subdivision Residents' Response to Glendale Subdivision Application dated October 2, 2018
Preliminary Plat Sheets stamped Received August 29, 2018 with revised Grading, Drainage and Erosion
Control Plan revised October 11, 2018
CITY OF CHANHASSEN
PC DATE: August 7, 2018
October 2, 2018
CC DATE: October 22, 2018
REVIEW DEADLINE: October 27, 2018
CASE #: 2018-13
BY: SJ, GB, TH, DN, JA, VS, JS
This staff report has been edited. All new information is highlighted in yellow. Impertinent
information has been struck through.
SUMMARY OF REQUEST: Subdivision of 2.14 acres into five lots and one outlot and a
variance to allow a 50-foot ROW.
LOCATION: Southwest intersection of Minnewashta Parkway and Glendale Drive.
APPLICANT: Perry Ryan Martin J. & Joyce Foy
Lake West Development, LLC P.O. Box 2804
14525 Highway 7, Suite 265 Kirkland, WA 98083
Minnetonka, MN 55345
Perry@lwestdev.com
(952) 221-3700
PRESENT ZONING: RSF, Residential
Single-Family District
2030 LAND USE PLAN: Residential
Low Density (1.2 – 4.0 units/net acre)
ACREAGE: 2.14 acres
DENSITY: 2.39 units per acre gross,
2.34 units per acre net
LEVEL OF CITY DISCRETION IN
DECISION-MAKING:
The city’s discretion in approving or
denying a preliminary plat is limited to
whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and
Zoning Ordinance. If it meets these standards, the city must approve the preliminary plat. This
is a quasi-judicial decision.
The city’s discretion in approving or denying a variance is limited to whether or not the
proposed project meets the standards in the Subdivision Ordinances for variances. The city has a
relatively high level of discretion with a variance because the applicant is seeking a deviation
from established standards. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSED MOTION:
“The Chanhassen Planning Commission recommends approval of City Council approves the
preliminary plat to subdivide 2.14 acres into five lots and one outlot and a variance to allow a 50-
foot public right-of-way (ROW) as shown in plans stamped Received August 29, 2018 subject to
the conditions of approval and adopts the findings of fact and decision recommendation.”
Planning Commission
Glendale Drive Homes – Planning Case 2018-13
October 2, 2018
Page 2 of 13
APPLICABLE REGULATIONS
Chapter 18, Subdivisions
Sec. 18-22. – Variances
Sec. 18-57. - Streets (a)
Sec. 18-60. - Lots(f)
Chapter 20, Article XII, RSF District
PROPOSAL/SUMMARY
The applicant is requesting to subdivide 2.14 acres into five lots for single-family detached
housing. The property is located at the southwest intersection of Minnewashta Parkway and
Glendale Drive. Access to the site is proposed via Glendale Drive. Sewer and water is available
to the site. The property is zoned Single-Family Residential, RSF.
BACKGROUND
On August 7, 2018, the Planning Commission reviewed and tabled action on this application. There
were multiple issues that were of concern to staff. The applicant was directed by the Planning
Commission to address these issues and resubmit
the plans for review and approval. Some of the
issues were addressed. Background from the
previous staff report remains below.
In 1988, the City approved the final plat for
Stratford Ridge with conditions. A temporary
cul-de-sac was stubbed to the north to insure the road extends to connect with Glendale Drive and
provide access to the properties to the north.
In 1990, the City approved the final plat for
Country Oaks. Outlot A was created with the
intent to combine it with the property to the
Planning Commission
Glendale Drive Homes – Planning Case 2018-13
October 2, 2018
Page 3 of 13
e
east at the time of development. That outlot was tax forfeited and reverted to the city. This
outlot serves no public interest and will be combined with the property to the east.
ISSUES
In reviewing this application, staff examined the
surrounding area and potential future subdivision of
adjoining properties. Some of the elements that are
reviewed include access, sewer, water, stormwater,
grading, etc.
STREETS
The developer did not elect to address the previously
identified conditions related to incorporating a thru
street into the design or performing an intersection
analysis. Staff analysis from the previous report is
included below.
The development does not incorporate a thru street stub to facilitate the extension of Stratford
Ridge to Glendale Drive. In the pre-application consultation, the developer was requested to
incorporate a thru street into their design. In addition, the developer was requested to perform an
intersection analysis at the intersection of Glendale Drive and Leslee Curve to facilitate this plan
Planning Commission
Glendale Drive Homes – Planning Case 2018-13
October 2, 2018
Page 4 of 13
and provide a recommendation to help determine the best fit for the street connection in
conjunction with the lot divisions. This information was not provided and the developer is
proposing to plat five lots without accommodation for a thru street. Engineering staff
recommends the layout be revised to accommodate the future development of the two lots to the
south as required by city code 18-57 (a) and 18-60(f).
The existing cul-de-sac bubble to the south on Stratford Ridge was originally intended to be
temporary. It was planned to be removed and relocated to the north when Stratford Ridge was
extended in the future until the street could eventually connect to Glendale Drive. The current
length of this cul-de-sac is approximately 782 feet in length as measured from the centerline of
Minnewashta Parkway and along Stratford Lane, Stratford Boulevard and Stratford Ridge to the
center of the existing cul-de-sac (reference Exhibit No. 1). The maximum cul-de-sac length per
Section 18-57 (k) in the city code is 800 feet. Hence, it is not feasible (without an approved
variance) for the cul-de-sac to permanently extend and stop at the lot to the south of the proposed
development as the developer is intending because the cul-de-sac length would not meet city
code.
The Fire Marshal also reviewed and commented on the proposed plan. The Fire Department is
opposed to recommending the current plan be allowed to move forward as designed without a
thru street extension. MN Fire Code (2015 edition), which the city has adopted, states any fire
access road over 750 feet requires special approval. The Fire Marshal’s recommendation for the
best result for emergency responders would be to have a street platted to extend all the way
through to connect to Stratford Ridge. This would allow more efficient and safer vehicle access
and egress from this area to properly serve the community. The addition of new single-family
homes along with the extension of Stratford Ridge cul-de-sac would be a hindrance for first
responder vehicles. The review also identified the current cul-de-sac does not meet current fire
code which requires a 96-foot diameter or a 120-foot hammerhead turnaround.
Additionally, Section 20-5 of the city code designates Minnewashta Parkway as a collector
roadway. Minimizing vehicular access points to collector roadways is a priority for the city from
a vehicular and pedestrian safety perspective. This ¼ mile separation requirement is established
by S ection 18-57(l) in the city code. Eventual removal of the existing three accesses to
Minnewashta Parkway is a long-term benefit to the city as these properties would be able to have
access off an extension of Stratford Ridge.
Lastly, if the development was constructed without provision for a thru street, the decision would
burden the two properties to the south of the proposed development parcel with loss of additional
land unfairly as the entire cul-de-sac area would have to be shared by those two properties. A
thru street shares the right-of-way dedication between all of the parcels fairly and equally.
WATER RESOURCES
Grading/Drainage
The proposed development grading is similar to the predevelopment conditions. The western half
of the site drains primarily from the north to the south and the eastern half of the site drains from
Planning Commission
Glendale Drive Homes – Planning Case 2018-13
October 2, 2018
Page 5 of 13
the northwest to the southeast. The lowest elevation is along the eastern side of the site.
Currently, existing runoff from the property is significantly intercepted and dispersed by thick
vegetation.
Erosion Prevention and Sediment Control
The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject
to the General Permit Authorization to Discharge Stormwater Associated with Construction
Activity under the National Pollution Discharge Elimination/State Disposal System (NPDES
Construction Permit). The applicant shall prepare a Surface Water Pollution Prevention Plan
(SWPPP) and submit it to the city for approval prior to issuance of any grading permits or the
commencement of any earth disturbing activities. This SWPPP shall be consistent with the
NPDES Construction Permit and shall contain all required elements including:
1. Final excavation (or w/in 3 feet) for infiltration/filtration basins must not occur until drainage
area is fully stabilized.
2. Pretreatment devices for all infiltration/filtration basins.
3. Adequate, permanent, maintenance access.
4. Minimum of three feet of separation between the infiltration/filtration basin bottom and
seasonally high water table. Impermeable liner if less than three feet of separation.
5. Soils investigation information within the perimeter of each infiltration/filtration basin.
6. Plans for a stabilized discharge point for water quality volume that cannot infiltrate within 48
hours.
Stormwater Management
Background
• On August 7, 2018, the Planning Commission reviewed and tabled action on this
application. There were multiple issues that were of concern to staff. The applicant was
directed by the Planning Commission to address these issues and resubmit the plans for
review and approval.
• On August 22nd Engineering and Planning staff met with the applicant. Each of the items
in the August 7th Staff Report was discussed, including the applicable City Code and
staff’s recommendations for a treatment train or single pond in the SE corner. Staff also
reiterated the need for an HOA to meet maintenance requirements.
• On August 31st Staff received an updated submission from the applicant. The applicant
did not address the primary issues in the August 7th staff report, however, some of the
issues were addressed and sufficient supplementary information was provided. Staff
informed the applicant they were now able to determine conditions for approval.
Planning Commission
Glendale Drive Homes – Planning Case 2018-13
October 2, 2018
Page 6 of 13
• On September 18, 2018 Staff was informed by Minnehaha Creek Watershed District
(MCWD) that they had still not received an application from the applicant. Staff had
informed the applicant of this requirement in the preliminary meeting, August 7th
Planning Commission Meeting, and August 22nd meeting. Staff sent an email to the
applicant reminding them of this requirement.
• On October 2nd, 2018 the Planning Commission supported and passed all water resource
related conditions for approval.
• On October 11, 2018 the applicant proposed five individual raingardens recorded
individually against each lot a “pond” on the SE corner of lot 5 to meet stormwater
standards for water quality and rate control. The applicant proposes, and staff agrees, that
a swale is necessary along the full rear of the yards to ensure stormwater runoff is
directed to the pond, and infiltration within the swale is only utilized if the pond cannot
meet standards alone. Staff recommends the applicant consider connecting the pond
outlet to the 12” RCP storm along Minnewashta Parkway, determine if the structure is
sized appropriately and provide any upgrades including sump manhole at tie in. The
proposed pond EOF should meet City Code. The applicant stated they will provide an
updated stormwater management plan. The proposed pond and swale address 2 of the
primary stormwater concerns. The HOA, easement, and conditions for approval will
address the remaining concerns.
This is not acceptable to the city as it does not meets code requirements for emergency overflow
routes, maintenance access, nor adequately provide for permanent operation, maintenance, and a
funding mechanism to ensure stormwater treatment devices are maintained to function as
designed in perpetuity. There have been significant issues in the city where operation and
maintenance requirements were recorded against a single property. Staff recommends an HOA
be required with a detailed funding mechanism as the responsible entity for permanent operation
and maintenance. Staff recommends an EOF only be approved at an elevation one foot below the
low floor opening of the adjacent property, and that the applicant work with staff and the
adjacent property owner to ensure the EOF route does not create a public nuisance. Potential
compliant options could include a treatment train, or single basin in the southeast corner of the
site. Staff also recommends permanent BMPs be designed and installed to connect to a future
regional pond south of the property without significantly altering the grading, drainage, installed
utilities, or removal/relocation of primary structures, accessory structures, and driveways.
This site lies within the boundaries of the Minnehaha Creek Watershed District and is subject to
their stormwater management requirements, development review and permitting. Chanhassen’s
MS4 permit was re-issued in 2014. Part III.D.5 states that each MS4 is required to develop local
controls that require new developments, in excess of one acre, to have no net-increase in
stormwater discharge volume nor any increase in TP and TSS from predevelopment conditions.
Under the new NPDES – Construction Permit, the new NPDES – Municipal Separate Storm
Sewer permit and the Minnehaha Creek Watershed District rules, the applicant must meet the
abstraction requirements of one inch of runoff from all new impervious surfaces.
Planning Commission
Glendale Drive Homes – Planning Case 2018-13
October 2, 2018
Page 7 of 13
With all subdivisions, stormwater utility connection fees are collected. These fees are based
upon development type, area, and treatment. Fees are used to maintain storm sewer infrastructure
and to construct water quality improvement projects.
The applicant has stated they will provide complete stormwater calculations at the time of formal
submittal. Stormwater fees will be calculated once calculations have been received.
It is the policy of the City of Chanhassen to provide a credit for Water Quality fees equal to 50%
of the base rate times the area treated provided it, at a minimum, meets the National Urban
Runoff Program (NURP) recommendations.
SUBDIVISION
The applicant is proposing to subdivide 2.14 acres into five lots and one outlot. The lots are
proposed to be served via Glendale Drive.
The existing parcel has a finger that extends over Country Oaks Drive and the area west of the
existing street. The applicant is proposing to dedicate the ROW for country oaks. Staff suggests
the applicant communicate with the property owner adjoining Outlot A to incorporate it into their
lot.
LANDSCAPING AND TREE PRESERVATION
The applicant for the Glendale Drive Homes development did not submit tree canopy coverage
and preservation calculations. Staff estimated as follows:
Total upland area (excluding wetlands) 93,296 SF
Baseline canopy coverage 72% or 67,929 SF
Minimum canopy coverage required 46% or 42,916 SF
Proposed tree preservation 5% or 5,445 SF
The developer does not meet minimum canopy coverage for the site; therefore, the applicant
must bring the canopy coverage on site up to the 46% minimum. The difference between the
required coverage and the remaining coverage is multiplied by 1.2 for total area to be replaced.
Planning Commission
Glendale Drive Homes – Planning Case 2018-13
October 2, 2018
Page 8 of 13
One tree is valued at 1,089 SF.
Minimum required 42,916
Less canopy preserved 5,445
Minimum canopy coverage to be replaced 37,471 SF
Multiplied by 1.2 44,965
Divided by 1089 = Total number of trees to be planted: 41 trees
The applicant did not submit a landscape plan. The development is required to install a buffer
yard along Minnewashta Parkway.
Landscaping Item Required Proposed
Bufferyard B –
Minnewashta Parkway, 110’
2 Overstory trees
3 Understory trees
5 Shrubs
0 Overstory trees
0 Understory trees
0 Shrubs
In addition to the buffer yard and replacement plantings, a minimum of one tree is required to be
planted in each front yard.
COMPREHENSIVE PARK PLAN
The city’s comprehensive park plan calls for a
neighborhood park to be located within one-half
mile of every residence in the city. The proposed
Glendale Drive is wholly located within the
Roundhouse Park neighborhood park service area.
Roundhouse Park features the following amenities:
swimming beach, playground, swings, picnic shelter,
fishing pier, tennis court, four pickleball courts,
basketball court, skating rink, open play field, trails
and parking area.
COMPREHENSIVE TRAIL PLAN
The city’s comprehensive trail plan calls for public parks to be connected to neighborhoods
through a combination of sidewalks and trails. The proposed Glendale Drive is connected by
sidewalk to Roundhouse Park and the Minnewashta Parkway pedestrian trail. This existing trail
should be protected and maintained in an open condition throughout the subdivision
development and housing construction.
Roundhouse
Park
Planning Commission
Glendale Drive Homes – Planning Case 2018-13
October 2, 2018
Page 9 of 13
COMPLIANCE TABLE
RSF Setbacks: Front: 30 feet, Side: 10 feet, Rear: 30 feet
VARIANCE
The variance is recommended by staff. City Code requires a 60-foot ROW. The surrounding
area and the ROW within Stratford Ridge is 50 feet wide. Approval of the variance will allow
the street to blend in with the surrounding neighborhood. This street will provide future access to
the property located south of the subject site. Ultimately, two existing access points to
Minnewashta Parkway will be eliminated. As a result of adding this connection, the lot lines
within this subdivision will shift.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
“The Chanhassen Planning Commission recommends approval of City Council approves the
preliminary plat to subdivide 2.14 acres into five lots and one outlot and a variance to allow a 50-
foot public right-of-way as shown in plans stamped Received August 29, 2018, subject to the
following conditions and adoption of the findings of fact and decision recommendation:
SUBDIVISION
Engineering:
1. Incorporate provision for a thru street into the site design. or an alternate concept
connecting to Glendale Drive through the subject property to provide access to the
property to the south.
2. Provide utility design to extend sanitary sewer and water main design as part of a thru
street.
Lot Area
(sq. ft.)
Lot
Width
Lot
Depth
25 %Maximum
Site Coverage
(sq. ft.)
Code (RSF) 15,000 90 125 3,750
Lot 1 18,646 123 150 4,661.5
Lot 2 16,950 113 150 4,237.5
Lot 3 16,950 113 150 4,237.5
Lot 4 15,729 138.16 131 3,932.25
Lot 5 15,030 156 112 3,757.5
Outlot A 1,731
Total 100,036
Planning Commission
Glendale Drive Homes – Planning Case 2018-13
October 2, 2018
Page 10 of 13
3. Provide ROW over the entirety of the trail along the west side of Minnewashta Parkway.
(The site plan indicates the eastern property line will comply with Condition #3 but the
concern identified in Condition #4 in relation to the existing survey was not addressed.
Therefore, Condition #3 remains as previously indicated.)
4. The survey of existing conditions does not indicate ROW between Glendale Drive and to
the south for approximately 100 feet. (The survey does not correlate with Carver
County’s property information which indicates right-of-way for the road section is in
place but a portion of the bituminous trail on the west side of Minnewashta Parkway is
not within the ROW.)
5. No stationing is shown in the plan set.
6. The drainage and utility easements are shown only on the plat. They should also be
conveyed on the site plan. (D&U easements were added to the grading plan but not the
site and utility plan.)
7. Indicate surface water drainage flow arrows on the grading plan.
8. Provide existing and proposed elevations at the following locations: each lot corner, top
of curb or centerline of the street at each lot line extension, center of proposed driveway
at the curb or edge of the roadway.
9. Additional conditions will be identified after the developer has an opportunity to revise
the design based upon the current conditions that are considered to be major in nature as
they will require significant changes to the design.
Water Resources:
1. Private stormwater best management practices (BMPs) are not permitted in public
drainage and utility easements. Private BMPs shall be located outside of public drainage
and utility easements. An encroachment agreement will be required for the private swale
within all side yard drainage and utility easements.
2. Easements for private stormwater treatment devices must be recorded against the
properties using the city’s private stormwater easement template and approved by the
City Engineer.
3. A Homeowners Association (HOA) encompassing all lots is required to ensure the
technical expertise and a funding mechanism for the operation and maintenance of
stormwater treatment devices is ensured in perpetuity.
4. Operation and maintenance of private stormwater BMPs is required in perpetuity. An
operation and maintenance plan must be approved by the Water Resources Coordinator
Planning Commission
Glendale Drive Homes – Planning Case 2018-13
October 2, 2018
Page 11 of 13
and recorded against the properties that details the HOA’s permanent inspection,
maintenance, and funding mechanism that ensures stormwater BMPs will function as
designed.
5. To ensure stormwater treatment devices function as designed, the developer is
responsible for the operation, maintenance, and performance of all stormwater
improvements including vegetation, structures, soils, inspections, and erosion/sediment
control for the first five years after project completion. After the first five years,
responsibility shall transfer to the HOA. The developer is responsible for ensuring all
stormwater improvements are functioning as designed at the end of the first five years. If
stormwater improvements are not functioning as designed at the end of the first five
years, as determined by the City Engineer, than the developer shall remain responsible
for all operation and maintenance until devices are functioning as designed.
6. Infiltration/filtration basins must be located a minimum of 10’ from the building envelope
of any primary structure.
7. If an emergency overflow route is adjacent to the property the lowest building opening
must be a minimum of one foot above the emergency overflow (City Code Sec. 19-144).
Proposed EOF for lots 1-4 = 978.5’-978’. EOF route proposed onto adjacent property
6760 Minnewashta Parkway with lowest building opening approx. 976’ (window well).
All EOFs routing onto this adjacent property must be 1’ below the lowest floor opening.
Developer proposes a may provide a treatment train or single stormwater treatment
device EOF at elevation 972’ on Lot 5 that meets this requirement.
8. EOF routes shall not create a hazard or nuisance condition onto adjacent property (City
Code Sec. 7-78).
9. SWPPP contact must be identified.
10. Developer must provide an erosion and sediment control plan, and dewatering plan
approved by the Water Resources Coordinator.
11. Maximum impervious per lot is 25%.
12. All pervious surfaces require six inches of topsoil and 18 inches of decompaction.
Topsoil shall be tested and approved by the Water Resources Coordinator.
13. The developer shall provide an updated Hydrocad model and stormwater management
plan that is consistent with and supports the engineered plans and geotechnical report.
14. The geotechnical report identifies the presence of groundwater at 972 elevation on Lot 5
(SB-1). There must be three feet of separation between the bottom elevation of
Planning Commission
Glendale Drive Homes – Planning Case 2018-13
October 2, 2018
Page 12 of 13
stormwater infiltration devices and the water table. Based on the geotechnical report, the
bottom elevation for an infiltration basin on Lot 5 can be no lower than elevation 975.
The proposed “pond” will need to be lined if less than 3’ of separation from seasonal high
water table.
15. The geotechnical report identifies moderately slow permeability of soils. Basins are
proposed with 12” ponding depth suitable for well draining soils. Basins Any infiltration
swales must be sized to allow no more than 6” of ponding depth and drawdown within
24-48 hours.
16. Soil borings and infiltration tests must be performed within the perimeter of all ponds and
infiltration device basin locations prior to final approval.
17. Design plans must be provided for all vegetated BMPs including contours, grading, inlet
and outlet structures, underdrains, filtration media/amended soils, location and quantities
of all species used. Ecotype must be native or approved native hybrid.
18. Details must be provided and approved for all stormwater treatment devices.
19. The proposed redevelopment requires Minnehaha Creek Watershed District (MCWD)
development review and permits.
20. It is the applicant’s responsibility to ensure and submit proof that permits are received
from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers,
DNR, MnDOT, Carver County, MCWD, Board of Water and Soil Resources, PCA, etc.)
prior to the City issuing permits.
21. Project must meet all stormwater requirements of the city and the MCWD.
22. Project will require stormwater management fees associated with city development
review and permitting process. Fees can be estimated but cannot be accurately calculated
until approvals have been received from the MCWD.
23. The site plan must identify the ability to install a future stormwater pipe that could
connect the development to a regional pond southeast of the development.
24. The development must use Chanhassen Standard Specifications and Detail Plates.
Parks:
1. In lieu of parkland dedication and/or trail construction, full park dedication fees shall be
collected at the rate in force at the time of final plat approval. At today’s rate, these fees
would total $29,000 (five lots x $5,800 per lot).
Planning Commission
Glendale Drive Homes – Planning Case 2018-13
October 2, 2018
Page 13 of 13
Environmental Resources Coordinator:
1. The minimum number of overstory trees required to be planted in the development is 41.
2. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
3. The applicant shall install the required buffer yard plantings on Lot 5 along Minnewashta
Parkway.
ATTACHMENTS
1. Findings of Fact.
2. Development Review Application and Narrative.
3. E-mail from Perry Ryan dated August 29, 2018.
4. Preliminary Plat Sheets stamped Received August 29, 2018.
5. Stormwater Maintenance Agreement.
6. E-mail from Jeff Kertson dated September 26, 2018
7. Public Hearing Notice and Affidavit of Mailing List.
g:\plan\2018 planning cases\18-13 glendale drive homes subdivision\staff report october 2.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Lake West Development, LLC for Subdivision approval.
On October 2, 2018, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Glendale Drive Homes for preliminary plat approval of
property into five lots and one outlot with a right-of-way variance. The Planning Commission
conducted a public hearing on the proposed subdivision preceded by published and mailed
notice. The Planning Commission heard testimony from all interested persons wishing to speak
and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single-Family Residential - RSF.
2. The property is guided in the Land Use Plan for Low Density Residential.
3. The legal description of the property is: See Attached Exhibit A
4. The Subdivision Ordinance directs the Planning Commission to consider seven possible
adverse affects of the proposed subdivision. The seven affects and our findings regarding
them are:
SUBDIVISION FINDINGS
a. The proposed subdivision is consistent with the zoning ordinance;
Finding: The subdivision meets all the requirements of the RSF, Residential Single-
Family District and the zoning ordinance if the conditions of approval are met.
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
Finding: The proposed subdivision is consistent with the comprehensive plan and
subdivision ordinance if the conditions of approval are met.
c. The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater
drainage are suitable for the proposed development;
Finding: The proposed site is suitable for development subject to the conditions specified
in this report.
d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by this
chapter;
Finding: The proposed subdivision will provide adequate urban infrastructure subject to
the conditions specified in this report.
e. The proposed subdivision will not cause environmental damage;
Finding: The proposed subdivision will not cause significant environmental damage
subject to conditions of approval. The proposed subdivision contains adequate open areas
to accommodate house pads.
f. The proposed subdivision will not conflict with easements of record; and
Finding: The proposed subdivision will not conflict with existing easements, but rather
will expand and provide all necessary easements.
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1) Lack of adequate stormwater drainage.
2) Lack of adequate roads.
3) Lack of adequate sanitary sewer systems.
4) Lack of adequate off-site public improvements or support systems.
Finding: The proposed subdivision will have access to public utilities and streets if the
specified conditions of approval are met.
VARIANCE FINDINGS
Sec. 18-22. Variances.
The City Council may grant a variance from the regulations contained in this chapter as part of
the plat approval process following a finding that all of the following conditions exist:
1) The hardship is not a mere inconvenience.
Finding: The hardship is not a mere inconvenience. The 50-foot Right-of-Way will allow
the street width to be consistent with streets in the surrounding area.
2) The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land;
Finding: The hardship is caused by the particular physical surroundings, shape and
topographical conditions of the land.
3) The conditions upon which the request is based are unique and not generally applicable to
other property.
Finding: The conditions upon which the request is based are unique to this site and not
generally applicable to other properties due to the fact that all streets in the immediate
surrounding area have a width of 50 feet.
4) The granting of the variance will not be substantially detrimental to the public welfare and is
in accord with the purpose and intent of this chapter, the zoning ordinance and
comprehensive plan.
Finding: The granting of a variance will not be substantially detrimental to the public
welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance,
and comprehensive plan. The request, if granted, will allow the Right-of-Way to be
consistent with the surrounding area.
5. The planning report #2018-13 dated October 2, 2018 prepared by Sharmeen Al-Jaff, et al
is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Preliminary
Plat.
ADOPTED by the Chanhassen Planning Commission this 2nd day of October 2018.
CHANHASSEN PLANNING COMMISSION
BY:__________________________________
Its Chairman
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147 , Chanhassen, MN 55317
Phone: (952)227-1300 / Fax: (952)227-'1110 *crTYorcrrAttHAssltt
Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
Ztr
tr
tr
tr
Comprehensive Plan Amendment ...... $600
E Minor MUSA line for failing on-site sewers..... $100
Conditional Use Permit (CUP)
Single-Family Residence ........... .. $325
E lt others........ ........... $425
lnterim Use Permit (lUP)
ln conjunction with Single-Family Residence.. $325
E Alt others........ ........... $425
Rezoning (REZ)
Planned Unit Development (PUD).................. $750
E Minor Amendment to existing PUD................. $1 00
E rut others........ ........... $s00
Sign Plan Review....... . $150
Site Plan Review (SPR)
n Administrative......... ...$100
E Commercial/lndustrial Districts* ... $500
Plus $10 per 1,000 square feet of building area:
thousand square feet)
lnclude number of existlno employees:*
lnclude number of 4eq employees:
E Residential Districts ... $500
Plus $5 per dwelling unit (- units)
Subdivision (SUB)
E Create 3 lots or less ............ ..$300
E Create over 3 lots .......................$600 + $15 per lot(
5 lots)
tvtetes & Bounds (2lots) .$300
f] Consolidate Lots...... $150!
Lot Line Adjustment.............. $150
I Final P1at............. .......$700
lncludes $450 escrow for attorney costs)*
Additional escrow may be required for other applications
through the development contract.
Vacation of Easements/Right-of-way (VAC)........ $300
Additional recording fees may apply)
E Variance
Wettand Alteration Permit (WAP)
Single-Family Residence............................... $1 50
E ettothers........ ........ 5275
I Zoning Appeal ..........,..... $100
Zoning Ordinance Amendment (ZOA) $500
NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
tr
tr
tr
Z
g
tr
2oo
Property Owners' List within 500' lcity to generate after pre-application meeting)............._:... $3 per address
70 addresses)
Escrow for Recording Documents (check all that apply)......... . . $50 per document
n Conditional Use Permit E lnterim Use Permit ! Site Plan Agreement
E Vacation ! Variance f] Wetland Alteration Permit
Metes & Bounds Subdivision (3 docs.) ! Easements (- easements) ! Deeds
TOTAL FEE: u r./6b.uu
Description of Proposal: Subdivide existing 2.14 Acre lot into 5 Single Family Lots, One Outlot and Public ROW.
Property Address or Location:SW Corner ol Glendale Drive & Minnewashta Parkway
Parcel#:250051 200 Legal Description:
TotalAcreage:2.14 Wetlands Present? n Yes Z ruo
Lengthy, See Survey
Present Zoning: Single-Family Residential District (RSF)
present Land Use Designation. Residential Low Density *"0,"!{#ffiEffimem*n,
necueffifipfis,.:TEgry Residential District (RSF)
Residential Low Density
Existing Use of Property:Vacant Property
ECheck box if separate narrative is attached.
wN z s20fi
r.rq>fltt
fl.4lUUIlJ0 DfpI
Section 1: Application Tvoe (check all that
Section 2: Required lnformation
APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. lf this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I
further understand that additionalfees may be charged for consulting fees, feasibility studies, etc. with an estimale prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are lrue and correcl.
Name:Lake West Development, LLC
Address:14525 Highway 7, Suite 265 (es2) 6s3-1359
Minnetonka, MN 55345
Contact:
Phone:
Perry Ryan
City/State/Zip:
Email:
Cell:
Fax:
9s2) 221-3700
952)653-2198
Date:5t11t18
PROPERW OWNER: ln signing this application, l, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and correct.
Contact:
Phone:
city/state/Zip: Kr Uct*.,t0, P4 79OgV cell:
Fax:
Sisnature: 56e *Tfncpta flttr' - I Dare:
RyanEngineeringName:
19655 Waterford Pl
Contact:
Phone:
Perry Ryan
952)'221-3700Address:
City/State/Zip:
Email:
Excelsior, MN 55331 Cell:
Fax:
952) 221-3700
perry@ryanen gineers.com
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
PROJECT ENGINEER (if applicable)
Who should receive copies of staff reports?*Other Contact !nformation:
Via: E Email
Via: E Email
Via: ! Email
Via: E Emailtratrtr
Property Owner
Applicant
Engineer
Other*
E naaileo Paper Copy
n uaiteo Paper Copy
uaieA Paper Copy
n uaiteo Paper Copy
City/State/Zip:
Email:
Name:
Address:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing.
PRINT FORM SUBMIT FORM
Section 3:Owner and lnformation
Signature:
Address:
Section 4: Notification ! nformation
SAVE FORM
uvuuurvr r Lr rYsrwlrE t9. t tL r , _vvrJv^v r var 9
LnltEUJEET
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AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRI PTION
PARCET lD: 250051200
STREET ADDRESS: Address Unassisned, Glendale Drive, Chanhassen, MN 55331
PROPERTY 0WNER: MARTIN J & JOYCE FOY
The undersigned registered property owner ofthe above noted property do hereby authorize
Curt Fretham ol Loke West Development, LLC
to act on my behalf and take all actions necessary for the submission, processing, issuance and
acceptance of this application, permit or certification and any or all standard and special
conditions attached. They shall be the principle contact in the processing of this application.
Sincerely,
DocuSigned byl DocuSigned by
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MartinJ&JoyceFoy
by. Fo,1
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Preliminary & Final Plat - Narrative
GLENDALE DRIVE HOMES
3800 Glendale Drive, Chanhassen, MN 55331
PID:250051200
June 29,2018
Overview
Lake West Development, LLC requests Preliminary & Final Plat approvals in order to re-
develop the property at the southwest corner of Glendale Drive and Minnewashta
Parkway in Chanhassen, MN. This submittal proposes subdividing the property into 5
single family lots with no variances.
k4
VP, Lake West Development, LLC
Office: 952-653-1359
cnvKSEroBAssErrr
JUN 2 g t,i6
ot4tft4sErtrrI[flGDPI
Lake West Development I r4525 Highway 7, Suite u 55, Minnetonka, MN 55345 | Phone 952-93o-3ooo
Preliminary & Final Plat - Narrative - GLENDALE DRIVE HOMES
A. Contact lnformation
Owner of Record
Applicant
MartinJ&JoyceFoy
PO Box 2804
Kirkland, WA 98083
Perry Ryan, VP
Lake West Development LLC,
14525 Highway 7, Suite 265 Minnetonka, MN 55345,
Phone 952-930-3000
B. Site Data
Address
Zoning
Parcel Size
PID
Description
SW Comer of Glendale Drive & Minnewashta Pku/y
Chanhassen. MN 55331
Residential Single Family
2.14 ac,es
93,236 sq. ft.
Lot 1 = 18,646 sq. ft.
Lot 2 = '16,950 sq. ft.
Lot 3 = 16,950 sq. ft.
Lot 4 = '15,729 sq. ft.
Lot 5 = 15,030 sq. ft
250051200
See Preliminary Plat, Carver County, Minnesota.
Abstract Property.
C. Land Characteristics
The property is relatively flat to slightly rolling with a slight slope to the West and East. There
are no structures on the site. The property is treed, however the Eees are in poor condition,
see letter from arborist.
Curently the property has public roadway on 3 sides of th€ parcel and has existing sanitiary
and water services stubbed to the property on the norlh sufllcient to serve the proposed
homes.
The proposal is to subdivide the existing 2.14 acfe parcel inlo 5 single family lots, one Outlot
and Right ol Way dedacation lor Country Oaks Drive and Glendale Drive. Currently, these two
right of way pieces are not dedicated and this project will resolve that issue.
The project does not seek any variances and is proposing a density of approximately 2.3
dwelling units per acIe.
Page 2 of 4
D. Description of tne P
Preliminary & Final Plat - Narralive - GLENDALE DRIVE HOMES
E, Tree Preservation
The parcel is treed however the trces are in general poor condition per the attacted letter from
Certified Arborist, Johnathon Heaton at Bartett Tree Experts. According to Mr. Heaton's
inspection of the trees, "Most of the trees on the site are undesirable species (boxelder and
ash) and have significant defects. ln my opinion, most of these lrees do not have a long life
ahead of them." "There are a few good trees on the lot including a nice red oak and some
blac'k walnuts, but the rest are not worth trying to preserve. They are not likely to have muc*t
life left and will be a potential hazard.' (See attached complete lefter).
Based upon Mr. Heaton's assessment, we have shown lhe complete tree tabulation of 89
f6es and 1,251 c€liper inches, and then also shown the liable" tsees of which there are 16
fees and 254.9 c€liper inch6s. A "viable" tree for this purpose is one defined as not having
one of the following conditions:
Cavities or wounds at the base or on the trunk
Signilicant strucfural defects in the crown such as cavities and poor branch unions
Signs of general decline sucfi as dieback al the branch tips
Of the viable trees on lhe site, we are proposing to preserve and save 205.9 caliper inches
which equates to 81%. Of these saved, ftey include the redoakand black walnuts Mr.
Heaton relers to.
F. StormwaterManagement
Per discussion wisl the City's Water Resources Coordinalor, we are proposing that each lot
v,/ould have an infiltration pond constructed at the low point of each lot lo meet the current
stormwater requirements.
G. Home Design
Proposed homes are planned to be one or two story homes with look-out or walk-out
basements to work with the natural topography of the property-
H. Ghost Plat to South
we were asked lo prepare a "Ghost Plaf for the two parcels to the south of the prolect by
staff. See graphic below.
As shown by the graphic, the two parcels to lhe soulh have a viable option to develop by
extending the cul-de-sac at Stratford Road.
Page 3 of 4
GHOST PLAT TO SOUTH
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Al-Jaff, Sharmeen
From:
Sent:
To:
Cc:
Subject:
Attachments:
Perry Ryan < Perry@lwestdev.com >
Wednesday, August 29, 2018 3:09 PM
Strong, Vanessa
Al-Jaff, Sharmeen; Bender, George; Curt Fretham
Glendale Drive Homes
08-31-2018 Preliminary Plans P-2.pdf; 08-31-2018 Preliminary Plans P-3.pdf; 08-31-2018
Preliminary Plans P-4.pdf; 08-31-2018 Preliminary Plans P-6.pdf; 08-31-2018 Preliminary
Plans EOF Exhibit.pdf; DRAFT - Glendale Stormwater Maintenance Agreement.pdf
Vanessa etal,
Attached, please flnd a partially revised planset. We have modified the following, generally in order of items 1-17 in the
staff report under Water Resources.
1. We have moved the infiltration basins outside of the D&U easements which area also now shown on the
Grading Plan
2. We have modified the Building Setback Line so that infiltration basins are 10'min from this line
3. We have reviewed Section 19-144 of the Code which states "lf an emergency overflow route is adjacent to the
property, the lowest building opening must be minimum one foot above the emergency overflow". When it
says "the property", it is referring to the property on which the emergency overflow and the building share; the
SAME property. Each property has its own emergency overflow. See attached Exhbiit showing the EOF on 6760
Minnewashta Parkway which displays that their low opening of 976 is more than one foot above that property's
EOF adjacent to that structure. As an example of how the code is practically used, we are attaching page 5 of 11
of the Fawn Hill Grading Plan submittal. As this shows, the EOF for Lot 6 is at 973 (house opening at 974.4) and
the adjacent downstream property has a low opening of 971.8. You will notice, however, that the downstream
EOF of the adjacent property is 970.0 which is below the adjacent property low opening.
4. We have reviewed Section 7-78 ofthe Code and have shown the EOF routes on the attached Exhiblt. Further as
the outlet from the infiltration basins travels, it will disburse naturally and will not create a hazard or nuisance
condition to adjacent property. As mentioned by staff at the PC meeting properties "are allowed to send
stormwater in the natural direction". We have strategically placed our infiltration basins at the natural low
point of each lot so that the discharge, below pre-developed conditions, is at the same location at which our site
discharged to the south property. Also as we have shown by the Hydrocad modeling, the discharge from our
project will be less than the pre-existing conditions for the storm events modeled.
5. We plan on placing the infiltration BMP'5 in recorded easements against the property. We will also submit an
O&M Plan as requested. Attached is a DRAFT of the Stormwater Maintenance Agreement for the project which
discusses future homeowner responsibility. This document will be recorded against each lot in the
development. lf it is deemed upon further review from the City's Attorney and our Attorney that this agreement
needs to be with a Homeowner's Association (HOA), we will direct our attorney to work with the City Attorney
to incorporate as appropriate.
6. The designation of Lake Virginia has been corrected don the SWPPP.
7. SWPPP contact will be ldentified prior to the grading permit per our discussion.
8. The maximum impervious area allowed shown on the table on P-2 has been corrected.
9. We will definitely reconcile the lot areas to be consistent in our formal re-submittal.
10. Per our discussion last week, we propose to over-excavate the infiltration ponds and create a "dry-well" under
them consisting of 1.5" to 3" rock fill surrounded by filter fabric with sufficient volume to retain the water
required for the 24-48 hour draw down. We will modify the pond sizing and provide detail on the formal
submittal.
11. Per our discussion, we have added a line on the Site & Utllity Plan showing future storm pipe to regional pond.
12. lnfiltration tests will be a condition of final approval.
13. Vegetation plans of BMP's will be provided on finalconstruction plans.
14. MCWD requirements will be met as a condition of final approval.
15. We acknowledge proof of permits are required as a condition of final approval.
16. We acknowledBe meeting requirements of MCWD.
17. We acknowledge there may be stormwater management fees associated with the development.
We have dated the revised plans 8-31-18 in hopes that we will receive your review and acceptance of the solutions put
forthandwewill incorporate the items through the entire planset and resubmit this on Friday. Ourgoal istohitthat
submittal date to stay on track for the PC meeting on LO/z and CC meeting on 70/22 per lhe schedule supplied.
Please let me know if it would be beneficial for me to stop in your office to discuss.
Thanks !
Perry
lnrr tilEST
0uvttoputttt, ttc
Perry Ryan, PE
Vice President - Land Development
o 952.653.1359 C 952-22L-3700
perrv@lwestdev.com
www.lakewestdevelopment.com
l
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STORNTWATER MAINTENANCE AGREEMENT
THIS AGREEMENT (the "Agreement") is made and entered into as of the _ day of
2017, by and between the City of Chanhassen, a Minnesota municipal corporation
the "City'') and Lake West Development, LLC, a Minnesota limited partnership (collectively, the
Developer").
WITNESSETH:
WHEREAS, the Developer is the fee owner of certain real property located in Carver
County, Minnesota, legally described on Exhibit A attached hereto (the "Property"); and
WHEREAS, the Developer has dedicated to the City drainage and utility easements over
portions of the Property (the "Easement Areas") where a stormwaterpond will be constructed; and
WHEREAS, by entering into this Agreement, the Developer has agreed to construct and
maintain certain stormwater facilities, including the infiltration basins (the "Stormwater
Improvements") for the benefit of the Property. The Stormwater Improvements include infiltration
baiins and any accompanying structures that are to be constructed by the Developer as set forth in
the plans approved by the City and attached as Exhibit B; and
WHEREAS, the City requires permanent provisions for handling of storm runoff,
including terms and conditions for operation and maintenance of all Stormwater Improvements,
and requires such provisions to be set forth in an agreement to be recorded against the Property;
and
WHEREAS, the City and the Developer intend to comply with certain conditions,
including entering into an agreement regarding the Stormwater Improvements.
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
l. Construction of the Stormwater Imorovements. The Developer shall construct the
Stormwater Improvements on the Property at the Developer's expense. The Stormwater
Improvements must be constructed in accordance with the plans that are attached to this Agreement
as Exhibit B.
2. Restriction on Use of Easement Area. The Developer and the subsequent owners
of each lot within GLENDALE DRTVE HOMES shall at all times protect the function of the
easement area as an infiltration basin. In furtherance of such protection, in no event shall the
Developer or the subsequent owner of any lot cause or allow any fill, additional planting, buildings,
improvements or foundations to be placed within the easement area, and in no event shall the
Developer or the subsequent owner of each lot cause or allow any change in the soil or
modification of grade, in each instance without the prior written consent of the City, which may
be denied or conditioned in the City's reasonable discretion.
3. Maintenance of the Stormwater Improvements. The Developer and the subsequent
owner of each lot within GLENDALE DRTVE HOMES, agrees to maintain the Stormwater
Improvements and observe all drainage laws goveming the operation and maintenance of the
Stormwater Improvements. The Developer and the subsequent owner of each lot shall make
periodic inspection and perform maintenance of the Stormwater Improvements as described in
Exhibit C attached hereto. The Developer and the subsequent owner of each lot shall make all
such scheduled inspections and maintenance, keep record of all inspections and maintenance
activities, and submit such records annually to the City. The cost of all inspections and
maintenance, including skimming and cleaning of the Stormwater Improvements, shall be the
obligation of the Developer and the subsequent owner of each lot within GLENDALE DR[VE
HOMES as shown on Exhibit A as the fee owners of the Property.
4. City's Maintenance Rights. The City may maintain the Stormwater Improvements,
as provided in this paragraph, if the City reasonably believes that the Developer or the subsequent
owner of the lots within GLENDALE DRIVE HOMES has failed to maintain the Stormwater
Improvements in accordance with applicable drainage laws, the terms of this Agreement or other
requirements and such failure continues for 30 days after the City gives the Developer or the
subsequent owner of the lots written notice of such failure or, if such tasks cannot be completed
within 30 days, after such time period as may be reasonably required to complete the required
tasks provided that Developer or the subsequent owner of the lots is making a good faith effort to
complete said task. The City's notice shall specifically state which maintenance tasks are to be
performed. If the Developer or the subsequent owner of the lots does not complete the
maintenance tasks within the required time period after such notice is given by the City, the City
shall have the right to enter upon the Easement Areas and such portions of the Property as may
reasonably be necessary to gain access to the Easement Areas to perform such maintenance tasks.
In such case, the City shall send an invoice of its reasonable maintenance costs to the Developer
or the subsequent owner of the lots upon which the Stormwater Improvement is located, which
shall include all reasonable staff time, engineering and legal and other reasonable costs and
expenses incurred by the City. If the Developer or the subsequent owner of the lots fails to
reimburse the City for its costs and expenses in maintaining the Stormwater Improvements within
30 days of receipt of an invoice for such costs, the City shall have the right to assess the full cost
2
thereof against the lots. The Developer, on behalf of itself and the subsequent owners of the lots,
acknowledges that the maintenance work performed by the City regarding the Stormwater
Improvements benefits the Property in an amount which exceeds the assessment and hereby waives
any right to hearing or notice and the right to appeal the assessments otherwise provided by
Minnesota Statutes, Chapter 429. Notwithstanding the foregoing, in the event of an emergency,
as determined by the City Engineer, the 30-day notice requirement to the Developer or the
subsequent owner ofthe lots for failure to perform maintenance tasks shall be and hereby is waived
in its entirety by the Developer and the subsequent owner of the lots, and the Developer or the
subsequent owner of the lots shall reimburse the City and be subject to assessment for any expense
so incurred by the City in the same manner as if written notice as described above has been given.
5. Hold Harmless. The Developer for itself and the subsequent owner of each lot
hereby agrees to indemnify and hold harmless the City and its officials, agents, contractors and
employees against any and all claims, demands, losses, damages, and expenses (including
reasonable attomeys' fees) arising out of or resulting from the Developer's, or the Developer's
agents', contractors or employees' negligent or intentional acts, or any violation of any safety law,
regulation or code in the performance of this Agreement, without regard to any inspection or
review made or not made by the City, its agents, contractors or employees or failure by the City,
its agents, contractors or employees to take any other prudent precautions, except to the extent of
intentional or grossly negligent acts of the City, its employees, agents, contractors and
representatives. In the event the City, upon the failure of the Developer or the subsequent owner
of the lots to comply with any conditions of this Agreement, performs said conditions pursuant to
its authority in this Agreement, the Developer or the subsequent owner of the lots shall indemnify
and hold harmless the City, its officials, employees, contractors, agents and representatives for its
own negligent acts in the performance of the Developer's or the subsequent owner of the lot's
required work under this Agreement, but this indemnification shall not extend to intentional or
grossly negligent acts of the City, its officials, employees, contractors, agents and representatives.
6. Costs of Enforcement. The Developer for itself and the subsequent owner of each
lot agrees to reimburse the City for all reasonable costs prudently incurred by the City in the
enforcement of this Agreement, or any portion thereof, including court costs and reasonable
attorneys' fees after providing written notice to Developer or the subsequent owner of the lot and
a reasonable opportunity to cure.
7. Rights Not Exclusive. No right of the City under this Agreement shall be deemed
to be exclusive and the City shall retain all rights and powers it may have under Minnesota Statutes
Sections 444.16 to 444.21 to acquire, construct, reconstruct, extend, maintain and otherwise
improve the Stormwater Improvements.
8. Notice. All notices required under this Agreement shall either be personally
delivered or be sent by United States certified or registered mail, postage prepaid, and addressed
as follows:
J
a)as to Developer:Lake West Devlopment, LLC
14525 Highway 7, Suite 265
Minnetonka, MN 55345
Attorney Name
Attorney Name
Attorney Address
Attorney Address
City of Chanhassen
with a copy to:
b)as to City:
Attn: City Manager
with a copy to: City Attomey Name
CityAttomeyName
City Attomey Address
City Attomey Address
or at such other address as either party may from time to time notify the other in writing in
accordance with this paragraph.
9. Successors and Assigns. All duties and obligations of Developer under this
Agreement shall also be duties and obligations of subsequent owners of each lot within
GLENDALE DRIVE HOMES. The terms and conditions of this Agreement shall run with the
Property.
10. Effective Date. This Agreement shall be binding and effective as of the date first
written above.
4
LAKE WEST DEYELOPMENT, LLC
Curt J. Fretham
Its: Chief Manager
By:
STATE OF MINNESOTA )
COUNTY OF
ss.
This instrument was acknowledged before me on 2017, by Curt J.
Fretham, Chief Manager, Lake West Development, LLC, aMinnesota limited liability company, on
behalf ofthe company.
Notary Public
CITY OF'CHANHASSEN
By:
Mayor
By:
City Clerk
STATE OF MINNESOTA )
ss.
cor.rNTY oF HENNEPIN )
Theforegoinginstrumentwasacknow1edgedbeforemethis-dayof-,2077,
by and the Mayor and the City Clerk, respectively, of the City
of Chanhassen, a Minnesota municipal corporation, on behalf of the municipal corporation.
Notary Public
5
This instrument drafted by:
Attorney Name
Attorney Nane
Attorney Address
Attorney Address
Attorney Phone Number
6
EXHIBIT A TO
STORMWATER MAINTENANCE AGREEMENT
Leeal Description of the Propertv
The property to which this Stormwater Maintenance Agreement applies is legally described
as follows:
Lots 1, 2,3,4, and 5, all in GLENDALE DRIVE HOMES, Hennepin County, Minnesota.
A-l
EXHIBIT B TO
STORMWATER MAINTENANCE AGREEMENT
Stormwater Improvements to be Constructed
B-l
EXHIBIT C TO
STORMWATER MAINTENANCE AGREEMENT
Inspection and Maintenance Schedule
Stormwater Basins:
Inspection and maintenance shall be made consistent with the most recent version of the Minnesota
Stormwater Manual or other subsequent manual as dictated by the City. At the time of execution
of this Agreement, the schedule can be found in the Operation and maintenance of Infiltration
basing section of the Minnesota Stormwater Manual as follows:
RedaQ pea graveutopsoll and top surfa(e lilter fabrlc (wtrn <lo$ed).
tnsure that contributing area, practlce.nd inles are clear ofdebris
Ensure that the cofltributing area is stabilized.
Remow sediment and oiU8rease from pre-treatment d€!/i(es. as sJtll a5 oftrllow structures'
Mow Brass filter strips should be moryed a5 necessary. Remove grass clippings.
Repair undercut and eroded areas at inf,o'v and outf,orv strudures
tnsped pre-treatment da/i(es and diversion stru(ures for sedimcnt bulld-up and structural darnaSe. Retnort rees $at start to gtorv in the
vldnity of the trmch.
Dis( or olherwise aerate br5in bottom. De-thatch basin bottom.
Irsape basin bottom and remo,/e sedlment. Restore original crosss€Gtlon and lnfiltadon rae. se.d or sod to re$ore Sround cotr.
per{orm total rehabilitation of the tren(h to maintain desi8n storaSe capa(ity. Bcavat€ Uench walls to expose clean soil
scml€mud
lnspecdon
Annu.lly
Brery sylars
updr Fallure
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luonnry
Al-Jaff, Sharmeen
From:
Sent:
To:
Subiect:
Jeff Kertson <jeff.kertson@theberna rdg rou p.com >
Wednesday, September 26,2018 8:38 AM
AlJafl Sharmeen
Glendale Drive Homes
Sharmeen,
In regards to the Glendale Drive Homes development by Lake West Development LLC.
The concern of drainage from the development across the Boylan's property and on to our property to the south.
We feel the existing plan of the use of rain gardens to curb the drainage does not adequately address the volume
of water that will drain across the property's and end up on our property. Looking at the elevations we have the
lowest point, so everything from the proposed lots 1,2,3, and partially 4 will drain to our property. We feel
this will adversely affect the quality and value of our property.
The concern is a rain garden will not provide enough drainage retention / re - direction to compensate for the
increased runoff of developing those lots, In addition the emergency run off from the gardens would all end up
on our property. This is especially a concern at times of heavy rains, ( which we have had just recently), and in
the spring when the the snow is melting and there can be heavy wet storms from March through May.
If by developing they increase the elevatior/slope from what is already existing I believe they would have to be
granted easement by both property owners to the south.
We would like to encourage the planning commission to require a better proposed drainage system or plan
before approving anything going forward
Best Regards,
Jeff
Jeff and Teri Kertson
6810 Minnewashta Pkwy.
952) 470-0772, (h)
612) 590-2383, (c)
iandtkerts@q.com
Jeff Kertson I Wood Shop Lead
ieff . kertson @thebernardqrou p. com
952-658-7650 direct
18781 Lake Drive East I Chanhassen, MN 55317
thebernardqroup.com
@ *:.:::,r,:1,f,r::o
NOTICE: The information contained in this email is legally privileged and
confidential information for the sole use of the intended recipient, Any use,
distribution, transmittal or re-transmittal of information contained in this
email by persons who are not intended recipients may be a violation of law
and is strictly prohibited. lf you are not the intended recipient, please contact
sender and delete all copies.
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
COUNTY OF CARVER )
I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on
August 7,2018,the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of hearing is
to consider Preliminary Plat with variances for a subdivision of property located at the
southwest corner of Glendale Drive and Minnewashta Parkway to create 5 single family
lots and zoned Single Family Residential (RSF) Applicant: Perry Ryan, Owner: Martin &
Joyce Foy to the persons named on attached Exhibit "A", by enclosing a copy of said notice in
an envelope addressed to such owner, and depositing the envelopes addressed to all such owners
in the United States mail with postage fully prepaid thereon; that the names and addresses of
such owners were those appearing as such by the records of the County Treasurer, Carver
County, Minnesota, and by other appropriate records.
Subscribed and sworn to before me
this -'1 dav of A,v*te4_ ,2018.
Notary Public
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Notice of Public Hearing
Chanhassen Planning Commission Meeting
Date & Time:
Tuesday, August 7 , 2018 at 7:00 p.m. This hearing mav not start
until later in the eveninq, depending on the order ollhq?gelOg-
Location:City Hall Council Chambers, 7700 Market Bld
Proposal:Request for Preliminary Plat with variances for a subdivision
Applicant:Perrv Rvan
Property
Location:
southwest comer of Glendale Drive and Minnewashta Parkway
A location map is on the reverse side of this notice.
What Happens
at the Meeting:
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the proiect.
Questions &
Comments:
lf you want to see the plans before the meeting, please visit
the city's projects web page at:
www.ci.chanhassen.mn.us/2018-13. lf you wish to talk to
someone about this project, please contact Sharmeen Al-Jaff
by email at saliaff@ci.chanhassen.mn.us or by phone at 952-
227-1134. lf you choose to submit written comments, it is
helpful to have one copy to the department in advance of the
meeting. Staff will provide copies to the Commission. The
staff report for this item will be available online on the
proiect web site listed above the Thursday prior to the
Planninq Gommission meeting.
Sgn up to receive email and/or text notifications when meeting agendas,
packets, minutes and videos are uploaded to the city's website. Go to
www.ci.chanhassen.mn.us/notifyme to sign up!
City Review Procedure:
Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and lnterim Uses, Wetland Alterations, Rezonings,
Comprehensive plan Amendments and Code Amendments require a public heaing before the Planning Commission. City
ordinancesrequireallpropertywithin5OOfeetofthesubjectsitetobenotiliedoftheapplicationinwriting. Anyinterestedpartyis
invited to attend the meeting.
Staff prepares a report on the sub.iect application that includes all pertinent information and a recommendation These reports are
available by request. At the Pan;ing Commission meeting, staffwill give a verbal overuiew ofthe report and a recommendation.
in" it", *itt be opened for the publi; to speak about the proposal as a part of the healng prcce_ss. The Commission will close the
public hearing and discuss the iiem and make a recommendation to the City Council. The City Council may reve6e, affirm or modify
wholly or partly the Planning Commission's recommendation. Rezonings, Iand use and code amendments take a simple majority
vote 6t tni City Council exc;pt rezonings and land use amendments from residential to commerciaUindustrial.
MinnesotaStateStatute5lg.ggrequiresallapplicationstobeprocessedwithin60daysunlesstheapplicantwaivesthisstandard.
Some applications due to their complexity may take several months to complete. Any percon wishing to follow an ilem through the
processshould check with the P!anning Department regarding its status and scheduling for the City Council meeting
i neighborhood spokesperson/representative is encouraged to provide a contact for the city. Oflen developers are encouraged to
meet;ith the neighborhmd rega;ding their proposal. Staff is also available to review the pOect with any interested person(s).
Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence
regarding the applicdiion witl be included in the report to the City Council. lf you wish to have something to be included in the report,
olease contact the Planninq Staff De6on named on the notitication
Date & Time:
Tuesday, August 7, 2018 at 7:00 p.m. This hearing mav not start
until later in the evening, depending on the order of the agen6
Location:Citv Hall Council Chambers, 7700 Market Blvd.
Proposal:Reouest for Preliminary Plat with variances for a subdivig'1qn
Applicant:Perrv Ryan
Property
Location:
southwest comer of Glendale Drive and Minnewashta Parkway
A location map is on the reverse side of this notice.
What Happens
at the Meeting:
The purpose of this public hearing is to inform you about the
applicant's request and to obtain input from the neighborhood
about this project. During the meeting, the Chair will lead the
public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The applicant will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses
the proiect.
Questions &
Comments:
lf you want to see the plans before the meeting, please visit
the city's projects web page at:
www.ci.chanhassen.mn.us/2018-13. lf you wish to talk to
someone about this project, please contact Sharmeen Al-Jaff
by email at saliaff@ci.chanhassen.mn.us or by phone at 952-
227-1134. lf you choose to submit written comments, it is
helpful to have one copy to the department in advance of the
meeting. Staff will provide copies to the Commission. The
staff report for this item wil! be available online on the
project web site listed above the Thursday prior to the
Planninq Commission meeting.
Sign up to receive email and/or text notifications when meeting agendas,
packets, minutes and videos are uploaded to the city's website. Go to
www.ci.chanhassen. m n.us/notifyme to sign u p!
City Review Procedure:
Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and lnlerim Uses, Wetland Alterations, Rezonings,
Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City
ordinancesrequireallprope(ywithin5OOfeetofthesubjectsitetobenotifiedoftheapplicationinwriting. Anyinterestedpartyis
invited to attend the meeting.
Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are
available by requeit. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation.
The item will be opened for the publii to speak about the proposal as a part of the hearing process. The Commission will close the
public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify
wholly or pariiy the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority
vote ot tne City Council except rezonings and land use amendments from residential to commercial/industrial.
MinnesotaStatestatute5lg.ggrequiresallapplicationstobeprocessedwithin60daysunlesstheapplicantwaivesthisstandard.
Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the
process should check with the Planning Department regarding its status and scheduling for the City Council meeting.
A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to
meet-withtheneignborhoodrega;dingtheirproposal. Staffisalsoavailabletoreviewtheprojectwithanyinterestedperson(s)
Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence
regarding the applicaiion will be included in the report to the City Council. lf you wish to have something to be included in the report,
nlease conlacl lhe Plannino Staff Derson named on the notiflcation.
TAX-NAME TAX ADD L1 TAX ADD L2 TAX-ADD_13
ALDRITT LIVING TRUST 3946 CRESTVIEW DR EXCELSIOR MN 5s331-9757
BRIAN DOUGLAS LUND II 3980 STRATFORD RDG EXCELSIOR MN 55331-9604
CHARLES & MARY COLLEEN WEBER 3911 GLENDALE DR EXCELSIOR MN ss331-9763
CHRISTOPHER EVERS 6630 MINNEWASHTA PKWY EXCELSIOR MN 55331-9656
CLAY T & JULIE MARIE RICE 4OOO COUNTRY OAKS DR EXCELSIOR MN 55331-7710
CRAIG LOREN ANDERSON 3830 LESLEE CURV EXCELSIOR MN 5s331-9630
DANA LJOHNSON 66Tl MINNEWASHTA PKWY EXCELSIOR MN 5533L-9657
DANIELR&SHELLYLKRUSE 3971 COUNTRY OAKS DR EXCELSIOR MN 55331-7706
DAVIDL&DIANEELIESER 3881 STRATFORD RDG EXCELSIOR MN 5533L-9603
DAVID M FROEHLING 3840 LESLEE CURV EXCELSIOR MN 55331-9630
DAVID ROBERTSON 39OO STRATFORD RDG EXCELSIOR MN 55331-9604
DOUGLAS DALE REICHERT 3901 STRATFORD RDG EXCELSIOR MN 55331-9605
DUSTIND&SANDRAAQUAM 3920 CRESTVIEW DR EXCELSIOR MN 55331-9757
ERICC&TINALWEEK 3920 STRATFORD RDG EXCELSIOR MN 55331-9604
HAROLDJ&ELAINETAYLOR 3861 STRATFORD RDG EXCELSIOR MN 55331-9603
HOLLY MARIE KRUEGER 3820 MAPLE CIR EXCELSIOR MN 5533L-9642
INGRID SERCK-HANSSEN 3990 COUNTRY OAKS DR EXCELSIOR MN 5s331-7705
IVANP&SUSANMSTREIF 3940 STRATFORD RDG EXCELSIOR MN 55331-9604
JAMES&RUTHABOYLAN 6760 MINNEWASHTA PKWY EXCELSIOR MN 55331_-96s8
JAMESA&JEANWAY 664l MINNEWASHTA PKWY EXCELSIOR MN 55331-9657
JAMES A & JUDITH A SCHMIDT 3970 COUNTRY OAKS DR EXCELSIOR MN 55331-7705
JEFFREY W & TERESA P KERTSON 6810 MINNEWASHTA PKWY EXCELSIOR MN 55331-9660
JEROME H & ALICE R JOHNSON 3940 GLENDALE DR EXCELSIOR MN 55331-9762
JERRY L & KRISTIN L KORTGARD 3901 GLENDALE DR EXCELSIOR MN 55331-9763
JOHNN&LINDARBRAND 3981 COUNTRY OAKS DR EXCELSIOR MN 55331-7706
JON P WITT 3850 LESLEE CURV EXCELSIOR MN 55331-9630
KELSEY J QUIRING 3950 COUNTRY OAKS DR EXCELSIOR MN 55331-7705
KEVIN J ZAHLER 665l MINNEWASHTA PKWY EXCELSIOR MN 55331-9557
KEVIN P MCGINTY 6640 MINNEWASHTA PKWY EXCELSIOR MN 55331-9656
KRISTEN M FIREHAMMER 3840 MAPLE CIR EXCELSIOR MN 55331-9642
KRISTOPHER D & DAWN M KNOX 3801. LESLEE CURV EXCELSIOR MN 55331-9631
LEE ANDERSON 601.1 HILLDALE DR HARTFORD wr53027-9541
LYNND&NANCYKSIMPSON 3980 COUNTRY OAKS DR EXCELSIOR MN 55331-7705
MARGARET ELLEN YOUNG
MARTINJ&JOYCEFOY
MATTHEW MCDONALD
laa:o vaelr crn
PO BOX 2804
soo couruTRY oAKS DR
lrxcrsron
KIRKLAND
lrxcrsron
MN 55331-9642
wA 98083-2804
MN 55331-7705
MATTHEWR&AMYLBURTON 6228 CASCADE PASS CHANHASSEN MN 55317-9476
MICHAEL R RYAN 3850 MAPLE CIR EXCELSIOR MN 55331-9642
MICHELLE HANSON KRAFVE 3810 LESLEE CURV EXCELSIOR MN 55331-9630
MI N N EWASHTA CEM ETERY TRUSTEES 38OO RED CEDAR POINTE EXCELSIOR MN 55331-7765
NATALIE JOHNSON 3940 COUNTRY OAKS DR EXCELSIOR MN 55331-770s
NICHOLAS S & REBECCA FOLWICK 3920 GLENDALE DR EXCELSIOR MN ss331-9762
PAUL J LIDSTONE 3991 COUNTRY OAKS DR EXCELSIOR MN 55331-7706
PAUL M CARLSON 79OO QUAMOCLIT VICTORIA MN 55386-
RANDY J & LORNA HILL CUNLIFFE 3921 GLENDALE DR EXCELSIOR MN s5331-9763
RICHARD DORSEY 3931 COUNTRY OAKS DR EXCELSIOR MN 55331-7706
RICHARD E & ELIZABETH BELLERT 6641 MAPLE RD EXCELSIOR MN 55331-9649
ROBERT & LORI FREEMAN 401.0 COUNTRY OAKS DR EXCELSIOR MN 55331-7710
ROBERTJAMES HAGER 3931 GLENDALE DR EXCELSIOR MN 55331-9763
ROBERT M & PATRICIA A JOSEPH 6T0l MINNEWASHTA PKWY EXCELSIOR MN 55331-9659
ROBIN THOMPSON RUSH 3810 MAPLE CIR EXCELSIOR MN 55331-9642
ROGER NITZ 3821 GLENDALE DR EXCELSIOR MN 55331-7735
RONALD T LAMPRECHT 3921 STRATFORD RDG EXCELSIOR MN 55331-9605
RUSSELLD&DIANAWJONES 3961 COUNTRY OAKS DR EXCELSIOR MN 55331-7705
SHERRY HAGA 310 8TH ST S APT 310 FARGO ND 58103-
STEPHAN I E M ILLER STATHOPOU LOS 3930 GLENDALE DR EXCELSIOR MN 5s331-9762
STEVEN & JAMIE KNIGGE 3910 GLENDALE DR EXCELSIOR MN 55331-9762
STEVEN A & KELLY C STATTMAN 3811 GLENDALE DR EXCELSIOR MN 55331-7735
STEVEN J ARNDT 3960 STRATFORD RDG EXCELSIOR MN 55331-9604
STRATFORD RIDGE HOMEOWNERS ASN 3961 STRATFORD RDG EXCELSIOR MN 55331-9605
THE CECKO FAMILY REV LIV TRUST 3910 CRESTVIEW DR EXCELSIOR MN s5331-9757
THOMAS R & KAREN J ERDMANN 39OO CRESTVIEW DR EXCELSIOR MN 55331-9757
TRENT BIRKHOLZ 3851 STRATFORD RDG EXCELSIOR MN 55331-9603
ULRIKE K TAYLOR 3951. COUNTRY OAKS DR EXCELSIOR MN 55331-7706
WARREN C MACFARLANE III 38OO LESLEE CURV EXCELSIOR MN 55331-9630