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08-5-98 Agenda and Packet FILE AGENDA CHANHASSEN PLANNING COMMISSION WEDNESDAY, AUGUST 5, 1998 at 7:00 P.M. CHANHASSEN CITY HALL, 690 CITY CENTER DRIVE CALL TO ORDER PUBLIC HEARINGS 1. Request for rezoning of 6.39 acres from A-2, Agricultural Estate District to PUD, Planned Unit Development; preliminary plat of 6.39 acres into 7 single family lots and 2 outlots; and vacation of a portion of the drainage and utility easements located on Lot 9, Block 1, Stone Creek 6th Addition. The property is located east of Galpin Blvd.just north of Stone Creek Addition, Lynmore Addition, David D. Moore. 2. Site plan approval for a 8,249.5 sq. ft. multi-tenant retail building with the major tenant being Video Update on Lot 1, Block 1, Seven and Forty-One Crossing in the southwest corner of the intersection of Highways 7 and 41, KKE Architects. 3. Request for preliminary plat of Outlot D (0.7 acres), Springfield Addition, into two single family lots, on property zoned PUD-R and located on Sunnyvale Drive, Lundgren Bros. 4. Wetland alteration permit proposes to impact approximately 100 square feet of wetland by placing a boardwalk over a wetland to access lakeshore property. The proposed impact is not regulated by the State of Minnesota's Wetland Conservation Act(WCA) or the U.S. Army Corps of Engineers,but by the City of Chanhassen's wetland ordinances, 1085 Holly Lane, Julie Sprau. 5. Request for subdivision of Outlot B, Saratoga 1 st Addition into 2 lots; one lot of 2.75±acres to be purchased by the city for park land. The remaining 3.45+ acres to be held by the owner, Douglas Hansen for the development of an apartment building. The property is located on Santa Vera Dr.just west of the Santa Vera Apartments, City of Chanhassen. NEW BUSINESS OLD BUSINESS APPROVAL OF MINUTES ONGOING ITEMS OPEN DISCUSSION ADJOURNMENT NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m. as outlined in official by- laws. We will make every attempt to complete the hearing for each item on the agenda. If,however,this does not appear to be possible,the Chair person will notify those present and offer rescheduling options. Items thus pulled from consideration will be listed first on the agenda at the next Commission meeting. C I TY 0 F PC DATE: Aug. 5, 1998 1 C U A N U A E CC DATE: Aug. 24, 1998 \� • �� CASE #: 98-1 PUD By: Al-Jaff STAFF REPORT PROPOSAL: 1) General Concept and Preliminary PUD Development Plan Approval for Rezoning of 6.39 acres from A-2, Agricultural Estate District to PUD-R, Planned Unit Development-Residential 2) Preliminary Plat Approval to subdivide 6.39 acres into 7 single Z family lots and 2 outlots. Q3) Vacation of a portion of a Utility and Drainage easement located on 0 Lot 9, Block 1, Stone Creek 6th Addition. LOCATION: East of Galpin Boulevard,just north of Stone Creek Addition. APPLICANT: David D. Moore Gil Vander Hain Q 78)5 Market Boulevard 12905 44th Avenue Chanhassen. MN 55 517 Plymouth, MN 55442 4‘))-241 t1 39 I ttOO I PRESENT ZONING: A-2, Agricultural Estate District ACREAGE: 6.39 acres DENSITY: 1.09 units per acre gross density ADJACENT ZONING AND LAND USE: N - A-2, Single Family Home and Bluff Creek S - RSF, Stone Creek Addition Q W -PUD-R,Trotters Ridge Addition I— E - RSF, Stone Creek Park d . WATER AND SEWER: Available to the site. 11-1 PHYSICAL CHARACTER.: The highest elevation on the site is 980. The site generally slopes to r- the north and northeast. A residential single family and a detached accessory structure occupy the site. Bluff Creek runs to the north of the subject site. There are scattered woods on the site. • 2000 LAND USE PLAN: Residential-Low Density(Net Density Range 1.2 -4 units per acre) Lynmore Subdivision August 5, 1998 Page 2 PROPOSAL SUMMARY The applicant is requesting approval for General Concept and preliminary PUD Development Plan to rezone 6.39 acres from A-2, Agricultural Estate District to PUD-R, Planned Unit Development- Residential, Preliminary plat approval to subdivide 6.39 acres into 7 single family lots and 2 outlots, and vacation of a portion of a utility and drainage easement located on Lot 9, Block 1, Stone Creek 6th Addition. The average lot size is 35,948 square feet with a resulting gross density of 1.09 units per acre. The site is located east of Galpin Boulevard, just north of Stone Creek Addition and west of Stone Creek Park. The site contains clusters of wooded areas, as well as open spaces, and a terrain that generally slopes down to the north. It contains a single family home and a detached accessory structure. Bluff Creek runs approximately 200± feet north of the subject site. Access to the subdivision will be provided via a cul-de-sac connecting the subdivision with Galpin Boulevard. In reviewing this application, staff worked with the applicant and offered some suggestions to minimize the impact on the natural features of the site. It was explained that the most effective way of developing the site would be to cluster the homes along the western portion of the site and preserve the eastern portion. The resulting plan provides the least impact to the site. With all the natural features, meandering terrain, and close proximity to Bluff Creek, the site is an excellent candidate for a Planned Unit Development. The intent of a PUD is to develop flexible zoning while creating a higher standard of development. Part of the PUD process is to establish development standards by which the development will be required to adhere to. This PUD will be governed by the final development plan. The proposal consists of a general concept and preliminary development plan for rezoning from A- 2 to PUD (the PUD ordinance states that if appropriate because of the limited scale of the proposal, the concept stage and preliminary plan stages may proceed simultaneously). The overall preliminary PUD appears to be in order and well designed. The intended use of the site is to provide building sites for single family homes. The development is consistent with all plans and ordinances; it preserves natural conditions to the greatest extent feasible, creates a suitable balance between the amount and arrangement of open space, and provides safe and adequate access and internal circulation. In reviewing this plat, staff also had to look at access to the property to the north. While the property owner (Mr. Schmidt) is not ready to develop or subdivide at this time, we need to ensure that the parcel is not landlocked. Currently, the subject site and the property to the north share a private driveway. With the Lynmore subdivision, the existing house will gain access via Bridal Creek Court. If and when Mr. Schmidt decides to subdivide his property, access should be gained through the Lynmore subdivision. Staff is recommending this access be in the form of a private driveway running along the easterly lot line of Outlot B. Through rough sketches and field surveys, Lynmore Subdivision August 5, 1998 Page 3 we believe that Mr. Schmidt could potentially get 3 additional lots. The private driveway ordinance allows a maximum of 4 lots to be served via a private driveway and this parcel meets the criteria for private driveways. Should Mr. Schmidt demonstrate that he could gain 4 additional lots, then staff would strongly recommend a variance be granted to allow 5 homes to be served via a private driveway. Outlot B could still be replatted into a buildable lot and the exiting driveway serving Mr. Schmidt's home would be eliminated. The subdivisions request is straight forward. The PUD Ordinance allow a minimum lot size of 11,000 square feet with an average lot size of 15,000 square feet for the entire PUD. All parcels exceed the minimum area requirements with an average lot size of 20,951 square feet excluding the area of Outlots A and B. The PUD allows for a reduced front yard setback if environmental protection is enhanced. In this case, the reduced setback will allow for protection of vegetation within rear yards and minimize grading. The westerly 95 feet of the site is actually part of Lot 9, Block 1, Stone Creek 9th Addition. The applicant has combined that part of Lot 9 with the subject site, which is the logical thing to do. There is an existing drainage and utility easement that runs along the exterior lot lines of Lot 9. The applicant is requesting to vacate the easements portion that are part of the current subdivision and - dedicate new easements that run along the interior lot lines of Lot 1, Block 1, Lynmore Addition. Staff is recommending approval of the vacation. Staff believes the proposal, combined with conditions proposed by staff, will be effective in providing enhanced environmental sensitivity beyond normal ordinance requirements. In return the developer gains reduced lot sizes, flexibility in development standards such as setbacks, street width,and reduced development improvement costs. Staff finds the proposed PUD,plat and utility and drainage easement vacation be acceptable and is recommending approval of the general concept and preliminary stage of the PUD plan, preliminary plat, and vacation subject to proposed conditions. There is a second site located to the west of the subject property (American Legion Site) that has the potential of being developed. The site has a BN zoning classification which is the same as the subject site. These two sites are envisioned to share a driveway off of Lake Drive East. Staff is of the opinion that the uses on these two properties should be compatible and serve the surrounding residential neighborhoods. Lynmore Subdivision August 5, 1998 Page 4 REZONING Justification for Rezoning to PUD The applicant is requesting to rezone 6.39 acres from A-2, Agricultural Estate District to PUD-R, Planned Unit Development-Residential. The following review constitutes an evaluation of the PUD request. The review criteria is taken from the intent section of the PUD Ordinance. Section 20-501. Intent Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfer of density, construction phasing and a potential for lower development costs. In exchange for this enhanced flexibility, the city has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the other, more standard zoning districts. It will be the applicant's responsibility to demonstrate that the City's expectations are to be realized as evaluated against the following criteria: Planned unit developments are to encourage the following: 1. Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, mature trees, creeks, wetlands, lakes and scenic views. Finding. The majority of the site will remain intact since the applicant will be clustering the development along the western portion of the property. 2. More efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels. Finding. The site is surrounded by environmentally sensitive features. Clustering the homes to the west and leaving the easterly portion undisturbed will result in an efficient and effective use of land and open space. The applicant has offered to dedicate the westerly half of the property(Outlot A)to the City to be combined with Stone Creek Park. 3. High quality design and design compatibility with surrounding land uses, including both existing and planned. Site planning, landscaping and building architecture should reflect higher quality design than is found elsewhere in the community. Lynmore Subdivision August 5, 1998 Page 5 Finding. The proposed development is compatible with surrounded uses. Through the incorporation of the recommendations contained in this report, staff believes that the project will reflect higher quality design. 4. Sensitive development in transitional areas located between different land uses and along significant corridors within the city will be encouraged. Finding. The proposed design is compatible with surrounding area and reflects a sensitive development. The dedication of Outlot A as a park will leave this area undisturbed providing a buffer as well as a transition area between surrounding properties. 5. Development which is consistent with the Comprehensive Plan. Finding. The Comprehensive Plan guides this area for Residential Low Density and the development is consistent with the comprehensive plan. The comprehensive plan also highly encourages the preservation of environmentally sensitive features such as wooded areas, steep slopes and waterways. This plan provides preservation of all these features. 6. Parks and open space. The creation of public open space may be required by the city. Such park and open space shall be consistent with the Comprehensive Park Plan and overall trail plan. Finding. The applicant is preserving the Bluff Creek corridor. A trail is proposed between Lots 3 and 4 to provide a connection to Outlot A, which the applicant intends to dedicate to the City as park land. On July 28, 1998, the Park Commission reviewed this application and recommended that Outlot A be combined with Stone Creek Park, however, there were concerns over the trail between Lots 3 and 4. The grades between those two lots are steep and a bridge will need to be constructed over a natural drainage way which will bisect the proposed trail. The Park Commission recommended not to construct the trail due to the steep grades and the ongoing maintenance. 7. Provision of housing affordable to all income groups if appropriate with the PUD. Finding. Not applicable to this proposal. 8. Energy conservation through the use of more efficient building designs and sightings and the clustering of buildings and land uses. Finding. The proposed mix of housing types provides energy conservation through the efficiencies related to site development. r ' Lynmore Subdivision August 5, 1998 Page 6 9. Use of traffic management and design techniques to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. Finding. Access to this site will be from Galpin Road. There is a private drive that is currently being shared by the subject site and the property to the north. Eventually this driveway will be eliminated when the property to the north develops. Summary of Rezoning to PUD Rezoning the property to PUD provides the applicant with flexibility, but allows the city to request additional improvements and the site's unique features can be better protected. The flexibility in standards allows the disturbed areas to be further removed from the unique features of the site. In return for the flexibility, the city is receiving: • Development that is consistent with Comprehensive Plan • Preservation of desirable site characteristics (trees, waterways, topographical features) • Sensitive development in transitional areas • More efficient use of land • High quality project design PRELIMINARY STAGE PUD PLAN APPROVAL Development Standards The applicant is requesting approval for General Concept and preliminary PUD Development Plan to rezone 6.39 acres from A-2, Agricultural Estate District to PUD-R, Planned Unit Development- Residential. The purpose of this request is to subdivide 6.39 acres into 7 single family lots and 2 outlots. The density of the proposed subdivision is 1.09 units per acre gross. All the lots exceed the minimum 11,000 square feet of area and an average lot size of 15,000 square feet, with an average lot size of 20,951 square feet. The average lot size is 35,948 square feet when the area of Outlots A and B are added to the equation. The site is located east of Galpin Boulevard,just north of Stone Creek Addition and west of Stone Creek Park. The site contains clusters of wooded areas, as well as open spaces, and a terrain that generally slopes down to the north. It contains a single family home and a detached accessory structure. Bluff Creek runs approximately 200 ± feet north of the subject site. Access to the subdivision will be provided via a cul-de-sac connecting the subdivision with Galpin Boulevard. Lynmore Subdivision August 5, 1998 Page 7 All of the proposed lots meet the minimum width, and depth requirements of the PUD Ordinance. There are two outlots shown on the plat. Outlot A will remain undisturbed and will be dedicated as park land and combined with Stone Creek Park. Outlot B is reserved for future development. The property to the north owns a portion of this outlot and unless they are combined, the parcel can not be developed. Staff is recommending the easterly 30 feet of Outlot B be dedicated for a private driveway purposes, to provide access to the property to the north. This issue will be discussed in more detail under"STREETS"later in the report. The PUD ordinance requires all structures to maintain a 30 foot front and rear yard setback and a 10 foot side yard setback. The ordinance also states that The thirty foot front yard setback may be waived by the city council when it is demonstrated that environmental protection will be enhanced. In these instances, a minimum front yard setback of twenty (20)feet shall be maintained. Staff encouraged the applicant to use the 20 foot front yard setback to maximize the buildable area of the lots. The dedication of Outlot A as park land is a demonstration that environmental protection is being provided. This Outlot is located within the primary zone of Bluff Creek and it will provide protection of the creek. This is a compromise that benefits both the developer and the City. There is an existing detached structure located on proposed lot 6. This structure will create a non- conforming situation since the ordinance does not allow accessory structures without the construction of a primary structure. Therefore, the detached accessory structure must be removed prior to recording of the plat. Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance. WETLANDS There are no wetlands on site. SURFACE WATER MANAGEMENT PLAN(SWMP) Storm Water Quality Fees The SWMP has established a water quality connection charge for each new subdivision based on land use. Dedication shall be equal to the cost of land and pond volume needed for treatment of the phosphorus load leaving the site. The requirement for cash in lieu of land and pond construction shall be based upon a schedule in accordance with the prescribed land use zoning. Values are calculated using market values of land in the City of Chanhassen plus a value of$2.50 per cubic yard for excavation of the pond. The City has had discussions with the applicant's engineer on the water quality ponding. The proposed SWMP water quality charge of$800/acre, (or $3,400 for the 4.25 acres) for single-family residential developments may be waived if the applicant provides r Lynmore Subdivision August 5, 1998 Page 8 water quality treatment according to the City's SWMP standards. To date this development plan has no on site treatment pond. Storm Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average city-wide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels and storm water ponding areas for runoff storage. Single family residential developments will have a connection charge of$1,980 per developable acre. The total gross area of the property is 4.25 acres. Therefore, the proposed development would then be responsible for 4.25 acres resulting in a water quantity connection charge of$8,415. This fee will be due payable to the City at time of final plat recording. GRADING Approximately half the site is proposed to be graded to prepare the house pads and street subgrade. Outlot A is to remain as an open area and possibly acquired by the City as parkland. Utility extension from the north along Galpin Boulevard will also require grading a 30-foot wide pathway along Galpin Boulevard through Outlot B. The quantity of earthwork is unknown at this time; however, the applicant should be advised if exporting or importing of material is necessary,a detailed haul route and traffic control plan will be required prior to site grading commencing. In addition, if material is being exported or imported from another Chanhassen site, that property will also be required to obtain the necessary earthwork permits in accordance with City ordinance. The grading plan proposes house pads with first floor elevations. However,the plan does not designate the type of dwelling proposed, i.e. rambler,walkout, lookout, etc. Staff also needs to have the garage floor and lowest floor elevation designated on the final grading plans. The existing home utilizes a well and septic system. The well and septic system is not located on the grading plan and therefore it is difficult to determine whether the site grading will impact either of the utilities. The well and septic site needs to be preserved on the site until municipal City sewer and water have been extended along Bridle Creek Court and tested and accepted by the City. DRAINAGE The majority of the site sheet drains north, east and south. The proposed grading will maintain the pre-developed drainage pattern in the area for the most part. The drainage area to the south and east of the property will be reduced. The plans propose to drain the street and front yard areas of the lots back to Galpin Boulevard where existing storm sewer is in place. Staff is Lynmore Subdivision August 5, 1998 Page 9 concerned that the existing storm drain system in Galpin Boulevard may not be sized to accommodate the additional runoff proposed from Bridle Creek Court. The applicant will have to analyze the existing capacity of the Galpin Boulevard storm drain system. In addition, the downstream water quality pond which pre-treats Galpin Boulevard runoff was not designed to accommodate runoff from this subdivision. This issue may have to be revisited by staff and the applicant to look for an on-site storm water treatment pond prior to final plat approval. A possible location of a storm water quality pond would be on Lots 3 or 4 in the existing ravine area. There is an existing drainage swale that drains the southerly half of the property along the common property line of Stone Creek Development and this proposal. The surface water drains along the property line into the existing ravine through Lots 3 and 4. The proposed house pad on Lot 3 could experience wet areas on both sides of the house due to drainage through the area. These drainage constraints should be considered and resolved in conjunction with the design of the home for Lot 3. The plans will have to incorporate a drain tile system behind the curbs to address household sump pump discharge for those lots not adjacent to a storm water pond or wetland. Drain tile is also beneficial in absorbing subgrade moisture from the street. UTILITIES Municipal utility service is indirectly available to the site. Water service is available along Galpin Boulevard; however, sanitary sewer is located approximately 750 feet north of the site near Lukewood Drive. Extension of sanitary sewer will be very difficult given the terrain and vegetation. In addition, the applicant may need to obtain permanent and temporary easements from the adjacent property owner(Schmidt) to extend the utilities to service this development. The utility easement should be a minimum of 20 feet wide or wider depending on depth of the sewer. Should the applicant not obtain the necessary easements from the Schmidts, the subdivision in question shall be considered premature since sanitary sewer would not then be available to service the development. The utility improvements proposed to service the site shall be constructed in accordance with City standards. Upon completion of the utility improvements, the utilities will be turned over the City for maintenance and ownership. Detailed utility and street construction plans and specifications in accordance with the City's latest edition of Standard Specifications and Detail Plates will be required in conjunction with final plat consideration. Construction drawings will need to be submitted to staff at least three weeks prior to final plat consideration. The construction plans and specifications for the project will be subject to staff review and City Council approval. The developer will be required to enter into a PUD Agreement/Development Contract with the City and provide the necessary financial security to guarantee conditions of approval. The financial security shall be in the form of a letter of credit or cash escrow. The existing house on Lot 5 will be required to hook up to the new sewer and water lines within 12 months after the utilities have been accepted by the City unless the existing septic or well is damaged or is no longer functional due to construction of the Lynmore Subdivision August 5, 1998 Page 10 site improvements. The property will also be subject to deferred assessments as a result of the City's Upper BluffCreek Trunk Improvement Project No. 91-17B. The parcel was previously assessed for only one trunk unit. Upon final platting of the property, six additional trunk unit charges shall be assessed against the property or collected at time of building permit issuance. The 1998 trunk sewer utility hook-up charge is $1,216 per unit. The parcel will also be subject to trunk watermain hook-up charges (6 units)at$1,584. Should Outlot B become buildable in the future, this parcel will also be subject to sewer and water hook-up charges. STREETS Access to the development is proposed from Galpin Boulevard/County Road 19. This road is classified in the City's Comprehensive Plan as a collector street. The minimum right-of-way width of Galpin Boulevard shall be 100 feet wide. The preliminary plat indicates 50 feet of right- of-way exists adjacent to this development; however, the City, through a previous project, acquired a trail and utility easement for the extension of the utilities and existing trail along the parcel. Staff does not believe that additional right-of-way was purchased in the easement acquisition process. Staff will be reviewing this and may result in the applicant dedicating a total of 27 feet of right-of-way along Galpin Boulevard. The preliminary plat at this time indicates the proper right-of-way dedication; however, the actual right-of-way dedication needs to be further verified by staff. Additional right-of-way taking would not affect the lot sizes in the preliminary plat submittal. The preliminary plat proposes a 60-foot wide right-of-way with a 60-foot radius for the cul-de- sac in accordance with City Code. However, the street alignment for the cul-de-sac is too severe to accommodate emergency vehicles and therefore needs to be revised. Staff has looked into modifying the applicant's plat to accommodate turning of emergency vehicles (see attached). Staffs layout also resolves the 20-foot requested setback by the applicant. However, staff's proposal incorporates a 50-foot wide right-of-way and eliminates Outlot B from being built on in the future. Staffs layout does provide for larger lots and eliminates the setback issue. The site is currently accessed through a shared driveway off of Galpin Boulevard with the Schmidt property to the north. As a result of platting the property a public street will be extended to service the existing home as well as 6 additional lots with the potential future subdivision of Outlot B as well. Staff is concerned about future street access to the Schmidt parcel. Given the location of the existing driveway,the additional turning movements and sight lines to the Schmidt property is not desirable. Staff looked at the possibility of a future private driveway through Outlot B to service future subdivision of the Schmidt parcel. The Carver County Public Works Department has the jurisdiction to approve additional access points or modify existing access points along Galpin Boulevard. Staff believes that the Schmidt parcel should access Bridle Creek Court through Outlot B with a private driveway in the future. Staff also believes the Schmidt parcel does not have the capability to subdivide into more than four single-family Lynmore Subdivision August 5, 1998 Page 11 lots based on current ordinances and topographic features. Outlot B as currently proposed is not a buildable lot. There is a parcel of land that is owned by the Schmidt's that is needed to be acquired to develop Outlot B into a buildable parcel. Staff recommends that a 30-foot wide strip of land be deeded or easement dedicated to the City over Outlot B for future access (private driveway)to the Schmidt parcel to serve up four residential homes. The exact location of this easement can be modified through negotiations with staff and the applicant. Staffs layout has addressed the approximate location for the private driveway which is 55 feet east of the intersection of Galpin Boulevard and Bridle Creek Court. This should provide sufficient distance from the intersection for vehicles accessing the Schmidt parcel. This also increase the lot sizes within the development and shortens the cul-de-sac length. Staffs plan also reduces the right-of- way to 50 feet wide to compensate for loss of Outlot B. Bridle Creek Court is proposed to be constructed to City urban street standards within a 60-foot wide right-of-way. Detailed street construction plans and specifications will be required prior to final plat consideration. The public street shall be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. There are city-owned street lights along Galpin Boulevard that may be impacted with the street connection. This must be verified and street lights relocated in accordance with City standards. A street light will also be required at the end of the cul-de-sac. The developer shall also coordinate with the appropriate utility companies for the installation of small utilities, i.e. NSP, Minnesota Valley Electric, Minnegasco,Triax Cable and U.S. West. Access to the existing house on Lot 5 must be maintained during construction from both a public safety standpoint and a resident standpoint. Once the public street(Bridle Creek Court)has been constructed, the existing home will be required to change their address to Bridle Creek Court and eliminate the existing access through the private driveway. EROSION CONTROL Erosion control fence is proposed along the grading limits on Lots 3,4, 6 and 7. Erosion control fence needs to be extended along Lot 5 and tree protection fencing around the trees to be preserved on the site. Tree protection fencing shall be incorporated onto the grading, drainage and erosion control plan. PARK AND TRAIL On July 28, 1998,the Park and Recreation Commission reviewed this application. They recommended that Outlot A be reserved through park dedication and that fee title to Outlot A be granted to the city in exchange for full park fee credit. In requiring these conditions of approval, it would be the City's intent to preserve Outlot A. Lynmore Subdivision August 5, 1998 Page 12 LANDSCAPING Tree canopy coverage and preservation calculations for the Lynmore development are as follows: Total upland area (including outlots) 278,348 SF or 6.39 ac. Total canopy area 130,680 SF or 3.0 ac. Baseline canopy coverage 47% Minimum canopy coverage allowed 35% or 97,422 SF Proposed tree removal 34,848 SF or 0.8 ac. Proposed tree preservation 34% or 95,832 SF Development does not meet minimum canopy coverage allowed, therefore, the difference is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage 1,590 SF Multiplier 1.2 Total replacement 1,908 SF Total number of trees to be planted 2 trees The applicant is proposing to transplant 15 trees ranging in size from 3-9 inches in diameter. The variety of trees include 7 ash, 6 maple, 1 apple and 1 spruce. These trees should be counted as replacement plantings provided they are guaranteed for at least one year. Buffer yard plantings will be required along the approximately 400' of frontage of Galpin Boulevard. Assuming a 25' buffer yard, minimum requirements include 4 over story trees, 8 under story trees and 16 shrubs. Due to grading needs, a substantial existing buffer along Galpin Blvd. will be removed on lot 1. Staff recommends applicant consider preserving some of the trees at the rear of lot 1 to provide a more substantial buffer from the road. BUILDING DEPARTMENT ISSUES Dwelling Types. The type of dwelling proposed for each lot is necessary to enable the Inspections Division and Engineering Department to perform a satisfactory plan review of the structure at the time of building permit issuance. For the same reason, proposed lowest level floor elevation, entry floor elevation (not top of block) and garage floor elevation is required to be indicated on the proposed pad location. Standard designations (FLO or RLO, R, SE, SEWO, TU, WO) must be shown for proposed dwelling types. These standard designations lessen the chance for errors during the plan review process. The memo explaining these designations is enclosed. Demolition Permits. Existing structures on the property which will be demolished will require a demolition permit. Proof of well abandonment must be furnished to the City and a permit for septic Lynmore Subdivision August 5, 1998 Page 13 system abandonment must be obtained and the septic system abandoned prior to issuance of a demolition permit. A house moving permit is required if a structure is to be moved to another location within the City. House moving permits must be approved by the City Council. A road use permit is required to move a structure over City roads. Subdivision Findings: 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the city code subject to the conditions of the staff report. 2. 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 applicable plans, subject to approval of the rezoning to PUD. 3. The physical characteristics of the site,including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding,and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report. 4. 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 is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause environmental damage subject to conditions if approved. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements,but rather will expand and provide all necessary easements. Lynmore Subdivision August 5, 1998 Page 14 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision is provided with adequate urban infrastructure. COMPLIANCE WITH ORDINANCE-RSF DISTRICT Lot Lot Lot Home Area Width Depth Setback Ordinance 11,000 90 @ setback line 100' 20'front/30' rear 10'sides BLOCK 1 Lot 1 22,095 7T&210' 210' 20'/20' corner lot 10710' Lot 2 18,448 60'on curve 142.5' 20'/30' 10' Lot 3 26,060 32' on curve 340' 20'/30' 10' Lot 4 26,700 63' on curve 240' 20'/30' 10' Lot 5 28,100 104' on curve 153' 20'/30' 10' Lot 6 13,810 70' on curve 135' 20'/30' 10' Lot 7 11,450 84'* 134.5' 20'/30' 10' Outlot A 93,280 Outlot B 11,700 * The ordinance requires a lot width of 90 feet at the front yard setback line. Lot 7 has a width of 84 feet. Staff believes the lot width can be widened by shifting lot lines to meet ordinance requirements. Lynmore Subdivision August 5, 1998 Page 15 VACATION The westerly 95 feet of the site is actually part of Lot 9, Block 1, Stone Creek 9th Addition. The applicant has combined that part of Lot 9 with the subject site,which is the logical thing to do. There is an existing drainage and utility easement that runs along the exterior lot lines of Lot 9. The applicant is requesting to vacate the easements portion that are part of the current subdivision and dedicate new easements that run along the interior lot lines of Lot 1, Block 1, Lynmore Addition. Staff is recommending approval of the vacation. RECOMMENDATION Staff recommends the Planning Commission adopt the following motion: General Concept/Preliminary PUD Development Plan Approval and Subdivision The Planning Commission recommends approval of General Concept and Preliminary PUD Development Plan Approval for Rezoning of 6.39 acres from A-2, Agricultural Estate District to PUD-R, Planned Unit Development-Residential and Preliminary Plat Approval to subdivide 6.39 acres into 7 single family lots and 2 outlots, as shown in plans dated June 22, 1998, with the following conditions: 1. The applicant shall guarantee any transplanted trees for a minimum of one year. Transplanted trees shall be counted as replacement plantings. 2. Buffer yard plantings shall be installed along Galpin Boulevard. Minimum planting requirements are 4 over story trees, 8 under story trees, and 16 shrubs. 3. Install tree protection fencing at grading limits prior to construction. 4. The accessory structure located on proposed Lot 6 shall be removed prior to recording of the plat. 5. Outlot A shall be reserved through park dedication and fee title to Outlot A shall be granted to the city in exchange for full park fee credit. 6. Building Official Conditions: a. Revise the preliminary grading & utility plan to show the proposed dwelling pads with standard designations and indicate the lowest level floor, entry level floor and garage floor elevations. This should be done prior to final plat approval. Lynmore Subdivision August 5, 1998 Page 16 b. Obtain demolition, moving and/or road use permits for existing buildings to be relocated. This should be done prior to any grading on the property. 7. The proposed single family residential development of 4.25 net developable acres is responsible for a water quality connection charge of $3,400 and a water quantity fee of $8,415. These fees are payable to the City prior to the City filing the final plat. 8. Lot 7 shall maintain a 90 foot lot width. If the 90 feet can not be achieved, staff recommends the applicant be granted a variance. 9. Fire Marshal Conditions: a. Install a fire hydrant at the intersection of Bridle Creek Court and Galpin Blvd. b. A ten foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, NSP, US West, cable TV, and transformer boxes. This is to insure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. c. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. The cul-de-sac as currently designed will not allow proper turning around of fire apparatus. Submit redesigned dimensions to Fire Marshal and City Engineer for review and approval. Fire Marshal will not approve building permits until redesign of cul-de-sac is submitted. d. If trees are to be felled on site, they must either be chipped or hauled off site. No burning permits will be issued. 10. The plans shall be revised to include the following: a. The grading plans shall include the type of dwelling, lowest floor and garage floor elevations. b. Show existing well and septic site with provisions for protection. c. Drain tile behind the curb in accordance with City detail plates 5232 and 5234 to address household sump pump discharge. d. Show sanitary sewer extension from Lukewood Drive including existing topographic features. Lynmore Subdivision August 5, 1998 Page 17 e. Extend erosion control fence along the west side of Lot 5 and add tree preservation fencing. f. The cul-de-sac configuration/alignment shall be revised to accommodate turning movements of the City's emergency vehicles. g. Provide traffic signage and street light locations. 11. The existing home on Lot 5 shall connect to City sewer and water within 12 months after the utilities are accepted by the City. If the existing well and/or septic system fails sooner or is damaged during construction, the home shall be connected within 30 days after City acceptance. 12. The applicant's engineer shall verify that the existing storm sewer system in Galpin Boulevard is designed to accommodate the additional runoff generated by this development. In addition, the downstream water quality pond shall be increased in size to handle the additional runoff generated from the site. 13. During design and construction of a home for Lot 3 the surface water runoff must be managed to avoid flooding of the home. The location of doors and windows should be two feet above the existing/proposed grade along the south side of the home. 14. At time of building permit issuance each lot except Lot 5 will be charged a sewer and water hook-up charge. Should Outlot B be platted in the future, this parcel will also be subject to sewer and water hook-up charges. 15. The existing home on Lot 5 shall change their street address once Bridle Creek Court is paved with bituminous. In addition, the existing driveway access shall be removed and restored with topsoil, seed and mulch. 16. If the exporting or importing of earthwork material is required,the developer shall supply staff with a haul route and traffic control plan for review and approval. 17. The appropriate drainage and utility easements shall be dedicated to the City on the final plat for all utilities and ponding areas lying outside the right-of-way. The minimum easement width shall be 20 feet wide. 18. The developer shall be responsible for the extension of sanitary sewer service to the site and acquisition of the necessary temporary and/or permanent utility easements. If the developer is unable to acquire the necessary utility easements, the plat shall be considered premature for development. Lynmore Subdivision August 5, 1998 Page 18 19. The applicant will need to develop a sediment and erosion control plan in accordance with the City's Best Management Practice Handbook and the Surface Water Management Plan requirements for new developments. The plan shall be submitted to the City for review and formal approval in conjunction with final plat submittal. 20. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 21. AU utility and street improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detail Plates. Detailed street and utility plans and specifications shall be submitted three weeks prior to final plat consideration for staff review and City Council approval. 22. The applicant shall provide detailed storm sewer calculations for 10-year and 100-year storm events and provide ponding calculations for stormwater quality/quantity ponds in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve. The applicant shall provide detailed pre-developed and post- developed stormwater calculations for 100-year storm events and normal water level and high water level calculations in existing basins, created basin, and/or creeks. Individual storm sewer calculations between each catch basin segment will also be required to determine if sufficient catch basins are being utilized. In addition, water quality ponding design calculations shall be based on Walker's Pondnet model. 23. The applicant shall enter into a PUD agreement/development contract with the City and provide the necessary financial security to guarantee compliance with the terms of the development contract. 24. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County, Watershed District,Metropolitan Waste Control Commission, Health Department and , Minnesota Pollution Control Agency. 25. A 30-foot wide strip of land shall be dedicated or deeded to the City over Outlot B for future driveway access to the property to the north." Vacation The City Council recommends approval of Vacation of a portion of a Utility and Drainage easement located on Lot 9, Block 1, Stone Creek 6th Addition, as shown in plans dated received June 22, 1998,with the following conditions: Lynmore Subdivision August 5, 1998 Page 19 1. The applicant shall provide a legal description of the Utility and Drainage easement proposed to be vacated." ATTACHMENTS 1. Application. 2. Letter from Carver County Public Works Department dated July 20, 1998. 3. Memo from Mark Littfin, dated July 23, 1998. 4. Memo from Steve Kirchman dated July 23, 1998 5. Memo from David Hempel dated July 30, 1998 6. Plat. CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: r '� li I /9 ,D ! OWNER: G. :7 0 /Z.70-4/- //./it/(' ADDRESS: 7A-(c. i` / /UC/ ADDRESS: ! -- - TELEPHONE(Day time) 'G'' f � TELEPHONE: 397- S )c Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit X Vacation of ROW/Easements Jc> Interim Use Permit _ Variance Non-conforming Use Permit — Wetland Alteration Permit X. Planned Unit Development` 5.7!) _ Zoning Appeal it Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review _X_ Notification Sign ,5-0 Site Plan Review' X Escrow for Filing Fees/Attorney Cost" �, N ($50 CUP/SPRNACNAR/WAP/Metes and Bounds,$400 Minor SUB)'- Subdivision' TOTAL FEE$ (23° A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. 'Twenty-six full size folded copies of the plans must be submitted, including an 81/2"X 11" reduced copy of transparency for each plan sheet. Escrow will be required for other applications through the development contract NOTE-When multiple applications are processed,the appropriate fee shall be charged for each application. • NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME ///; /t-Tz.)/ LOCATION /fD r e //) �t LEGAL DESCRIPTION PRESENT ZONING -- 7 REQUESTED ZONING • S' ,— PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST j ctr/C) i r 1, j, . c� /c< <L c-/ j() This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. 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 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 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. The documents and information I have submitted are true and correct to the best of my knowledge. I also understand that after the approval or granting of the permit, such permits shall be invalid unless they are recorded against the title to the property for which the approval/permit is granted within 120 days with the Carver County Recorder's Office and the ori.inal document returned to City Hall Records. Signature of Applicant 00 J Date Signature of Fee Owner Date Application Received on 7 %��` Fee Paid A).C)i Receipt No. ' The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. PUBLIC WORKS DEPARTMENT Carver County Government Center Administration Administration Building parrs CARVER 600 East Fourth Street Engineering Chaska,Minnesota 55318-2192 Highway Maintenance COUNTYSurveying&Mapping Phone (612)361-1010 Fax (612) 361-1025 July 20, 1998 To: Sharmin Al-Jaff, Planner II, City of Chanhassen From: Bill Weckman, Assistant County Engineer Subject: Preliminary Plat I ynnUo n VAC) C o;e Addition (98-1 P::C and 9.,--� �,., Carver County has the following comments and questions regarding the Lynmore Addition Preliminary Plat transmitted to Carver County by your memorandum dated July 9, 1998. These comments and questions are based on the information submitted. Further comments and concerns may develop as this proposal advances. 1 Galpin Boulevard (CSAH 19) was recently reconstructed as an urban roadway with curb and gutter. Any curb cuts and access construction would be the responsibility of the developer. It is expected the entrance design will be similar to the entrance at Bridal Creek Trail. 2. Has a plan been developed to consider the future access of the parcel to the north of this plat? The desire of the County is to limit the number of accesses to CSAH 19 to as few as needed. Has a lot layout concept been considered that would allow future access to the parcel to the north? 3. Any public utility lines that are to be installed within the CSAH 19 right-of-way are subject to the utility permit requirements of Carver County. 4. Any proposed grading and installation of drainage strictures within the right-of-way of CSAH 19 is subject to review and approval of the County Highway Department. The existing storm sewer system, though it is in the County Road, is a City utility. Has it been determined that the main system has adequate capacity to handle the run off from the cul-de-sac without causing runoff problems onto CSAH 19? 5. Development activities (including the installation of both public and private utilities needed to serve the development site) that result in any disturbance of the county highway right-of- way (including tree removal, trench settlements, erosion, and sediment deposits) need to be completed in a manner that leaves the right-of-way in "as good or better condition" than what existed prior to construction. It is requested that the city include a provision in the developer's agreement that requires the developer to be ultimately responsible for the final condition of the county highway right-of-way. A clear understanding of this responsibility will result in fewer project oversight problems for both the county and the city. 7 The County must approve any trees or landscaping completed within the right-of-way. When ,1.r -1 fJi rm is i,e.1c t'o'(/Equal Oppornour•Employer j'r(N;e' • R (,_-e'it Paper locating shrubs and trees, consideration should be given to maintaining an acceptable sight distance at the CSAH 19 intersection. Any trees or shrubs overhanging into the right-of-way could be subject to trimming for safety or overhead utility consideration. Thank you for the opportunity to comment on the preliminary plat for the proposed development. 1101 CITY OF CHANHASSENMEMORANDUM 690 City CenterDrire.POBox 14- TO: Sharmin Al-Jaff,Planner II Chanhassen,ilnrresora 55.31- FROM: Mark Littfin, Fire Marshal Phone 612.93-1900 General Fax 612.93 5 i9 DATE: July 23, 1998 1;nouueting Fax 612.93-.9152 Public oafn Fax 612.934.2524 SUBJ: Request for Rezoning of 6.39 Acres of Rural Residential to Planned Unit Development Residential and Preliminary ‘Z,51i Plat Approval to Subdivide 6.39 Acres into 7 Single Family Lots and 2 Outlots;and Vacation of a Portion of the Drainage and Utility Easement Located at Block 9,Lot I, Stone Creek 6'h Addition, Located East of Galpin Blvd. and North of Stone Creek Addition, Lynmore Addition, David D. More. Planning Case: #98-1 PUD,#98-4 VAC I have reviewed the request for rezoning of the 6.39 acres of the above project. In order to comply with the Chanhassen Fire Department'Fire Prevention Division, I have the following fire code or city ordinance/policy requirements. The plan review is based on the available information submitted at this time. If additional plans or changes are submitted,the appropriate code or policy items will be addressed. 1. Install a fire hydrant at the intersection of Bridle Creek Court and Galpin Blvd. 2. A ten foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, NSP, US West, cable TV, and transformer boxes. This is to insure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. 3. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. The cul-de-sac as currently designed will not allow proper turning around of fire apparatus. Submit redesigned dimensions to Fire Marshal and City Engineer for review and approval. Fire Marshal will not approve building permits until redesign of cul-de-sac is submitted. 4. If trees are to be felled on site, they must either be chipped or hauled off site. No burning permits will be issued. ML:cd g:\safeq\mI198.I PU D The City of Chanhassen.A gr'on ing community with clean Lakes,qu,rlir;Ri'ooi.s a charming downtown,thrix nig businesses,and beantif rl pans.A great palace to lire,work,and pla CITY OF MEMORANDUM CHANHASSEN TO: Sharmin Al-Jaff,Planner II 690 On Center Drive,PO Box 14.- / Chanhasse,t,,llimtesota 5531- FROM: Steve A. Kirchman,Building Official ck1\' Phone 6l2.93-1900 DATE: July 23, 1998 Geneatl Fax 612.93-.5-39 En;r,eeringFax 612.93-915? SUBJECT: 98-1 PUD and 98-4 VAC(Lynmore Addition,David D. Moore) Puldic Sakti Fax 612.93+.25'i ll';l)trutcci.,l'anla'sseu.nt;t.w I was asked to review the proposed planned unit development proposal stamped "CITY OF CHANHASSEN,RECEIVED, JUN 22 1998,CHANHASSEN PLANNING DEPT." for the above referenced project. Analysis: Dwelling Types.The type of dwelling proposed for each lot is necessary to enable the Inspections Division and Engineering Department to perform a satisfactory plan review of the structure at the time of building permit issuance.For the same reason,proposed lowest level floor elevation,entry floor elevation (not top of block) and garage floor elevation is required to be indicated on the proposed pad location. Standard designations(FLO or RLO, R, SE, SEWO, TU, WO) must be shown for proposed dwelling types. These standard designations lessen the chance for errors during the plan review process. The memo explaining these designations is enclosed. Demolition Permits.Existing structures on the property which will be demolished will require a demolition permit. Proof of well abandonment must be furnished to the City and a permit for septic system abandonment must be obtained and the septic system abandoned prior to issuance of a demolition permit. A house moving permit is required if a structure is to be moved to another location within the City. House moving permits must be approved by the City Council. A road use permit is required to move a structure over City roads. Recommendations: The following conditions should be added to the conditions of approval. 1. Revise the preliminary grading & utility plan to show the proposed dwelling pads with standard designations and indicate the lowest level floor, entry level floor and garage floor elevations. This should be done prior to final plat approval. 2. Obtain demolition, moving and/or road use permits for existing buildings to be relocated. This should be done prior to any grading on the property. enclosure: January 29, 1993 memorandum G:/safety/sak\memos\pl an\ynmre 1 The City of Chanhassen.Agrowing community with dean lanes.quality schools,a chaining downtown,thriving businesses,and beautifi,l mks.A great place to lite,work,and play: A CITY 4 F ,:t,,,i CHANHASSEN \ - '. '_. , ,_:,, ;.Y 690 COULTER DRIVE • P:O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 MEMORAN r UM TO: Inspections, Planning, & Engineering Staff FROM: Steve A. Kirchman, Building Official )14-__ DATE: January 29, 1993 SUBJ: Dwelling Type Designation We have been requesting on site plan reviews that the developer designate the type of dwelling that is acceptable on each proposed lot in a new development. I thought perhaps it might he helpful to staff to explain and diagram these designations and the reasoning behind the requirements. Fit)or RIA) Designates From Lookout or Rear Lookout. This includes dwellings with the basement floor level approximately 8'below grade at its deepest with the surrounding grade sloping down to approximately 4' above the basement floor level. R Designates Rambler. This includes dwellings with the basement floor level approximately 8'below grade with the surrounding grade approximately level. This would include two story's and many 4 level dwellings. SE Designates split Entry. This includes dwellings with the basement floor level approximately 4'below grade with the surrounding grade approximately level. SEWO Designates Split Entry Walk Out. This includes dwellings with the basement floor level approximately 4' below grade at its deepest with the surrounding grade sloping down to lowest floor level. TU Designates Tuck Under. This includes dwellings with the basement floor level approximately 8' below grade at its deepest with the surrounding grade sloping down to the lowest floor level in the front of the dwelling. WO Designates Walk Out This includes dwellings with the basement floor level approximately 8'below grade at its deepest with the surrounding grade sloping down to the lowest floor level in the rear of the dwelling. �- SEWO WO F Lp� SE_— _ -- - -- °r RL0 --,...-...41-4........, , r- - r mi Inspections staff uses these designations when reviewing plans which are then passed to the engineering staff for further review. Approved grading plans are compared to proposed building plans to insure compliance to approved conditions. The same designation must be used on all documents in order to avoid confusion and incorrect plan reviews. t•w PRINTED ON RECYCLED PAPER 101 MEMORANDUM TO: Sharmin Al-Jaff, Planner II CITY OF CHANHASSI;N FROM: Dave Hempel, Assistant City Engineer • 690Gn'Center Drive,POBox 1-t_ DATE: July 30, 1998 Chanhassen..11i;ritsora 5531 SUBJ: Preliminary Plat Review for Lynmore Addition Phone 61 293-.1900 Land Use Review File No. 98-19 General Fax 61 293-5'39 Engi ee;ing Fax 612.93-9152 Public Safer.; firy 612 9.3-x.5 2-i Upon review of the construction drawings prepared by TEC Design dated June 21, 1998, I offer the following comments and recommendations. GRADING Approximately half the site is proposed to be graded to prepare the house pads and street subgrade. Outlot A is to remain as an open area and possibly acquired by the City as parkland. Utility extension from the north along Galpin Boulevard will also require grading a 30-foot wide pathway along Galpin Boulevard through Outlot B. The quantity of earthwork is unknown at this time; however, the applicant should be advised if exporting or importing of material is necessary, a detailed haul route and traffic control plan will be required prior to site grading commencing. In addition, if material is being exported or imported from another Chanhassen site, that property will also be required to obtain the necessary earthwork permits in accordance with City ordinance. The grading plan proposes house pads with first floor elevations. However, the plan does not designate the type of dwelling proposed, i.e. rambler, walkout, lookout, etc. Staff also needs to have the garage floor and lowest floor elevation designated on the final grading plans. The existing home utilizes a well and septic system. The well and septic system is not located on the grading plan and therefore it is difficult to determine whether the site grading will impact either of the utilities. The well and septic site needs to be preserved on the site until municipal City sewer and water have been extended along Bridle Creek Court and tested and accepted by the City. DRAINAGE • The majority of the site sheet drains north, east and south. The proposed grading will maintain the pre-developed drainage pattern in the area for the most part. The The City of Chanhassen.A growing community with clean lakes,quality schools,a Manning downtown.thriving businesses,and beautif it parks.A great Mlle to life.work.and pia): Sharmin Al-Jaff Lynmore Addition Preliminary Plat Review July 30, 1998 Page 2 drainage area to the south and east of the property will be reduced. The plans propose to drain the street and front yard areas of the lots back to Galpin Boulevard where existing storm sewer is in place. Staff is concerned that the existing storm drain system in Galpin Boulevard may not be sized to accommodate the additional runoff proposed from Bridle Creek Court. The applicant will have to analyze the existing capacity of the Galpin Boulevard storm drain system. In addition,the downstream water quality pond which pre-treats Galpin Boulevard runoff was not designed to accommodate runoff from this subdivision. This issue may have to be revisited by staff and the applicant to look for an on-site storm water treatment pond prior to final plat approval. A possible location of a storm water quality pond would be on Lots 3 or 4 in the existing ravine area. There is an existing drainage swale that drains the southerly half of the property along the common property line of Stone Creek Development and this proposal. The surface water drains along the property line into the existing ravine through Lots 3 and 4. The proposed house pad on Lot 3 could experience wet areas on both sides of the house due to drainage through the area. These drainage constraints should be considered and resolved in conjunction with the design of the home for Lot 3. The plans will have to incorporate a drain tile system behind the curbs to address household sump pump discharge for those lots not adjacent to a storm water pond or wetland. Drain tile is also beneficial in absorbing subgrade moisture from the street. UTILITIES Municipal utility service is indirectly available to the site. Water service is available along Galpin Boulevard; however, sanitary sewer is located approximately 750 feet north of the site near Lukewood Drive. Extension of sanitary sewer will be very difficult given the terrain and vegetation. In addition, the applicant may need to obtain permanent and temporary easements from the adjacent property owner (Schmidt) to extend the utilities to service this development. The utility easement should be a minimum of 20 feet wide or wider depending on depth of the sewer. Should the applicant not obtain the necessary easements from the Schmidts, the subdivision in question shall be considered premature since sanitary sewer would not then be available to service the development. The utility improvements proposed to service the site shall be constructed in accordance with City standards. Upon completion of the utility improvements, the utilities will be turned over the City for maintenance and ownership. Detailed utility and street construction plans and specifications in Sharmin Al-Jaff Lynmore Addition Preliminary Plat Review July 30, 1998 Page 3 accordance with the City's latest edition of Standard Specifications and Detail Plates will be required in conjunction with final plat consideration. Construction drawings will need to be submitted to staff at least three weeks prior to final plat consideration. The construction plans and specifications for the project will be subject to staff review and City Council approval. The developer will be required to enter into a PUD Agreement/Development Contract with the City and provide the necessary financial security to guarantee conditions of approval. The financial security shall be in the form of a letter of credit or cash escrow. The existing house on Lot 5 will be required to hook up to the new sewer and water lines within 12 months after the utilities have been accepted by the City unless the existing septic or well is damaged or is no longer functional due to construction of the site improvements. The property will also be subject to deferred assessments as a result of the City's Upper Bluff Creek Trunk Improvement Project No. 91- 17B. The parcel was previously assessed for only one trunk unit. Upon final platting of the property, six additional trunk unit charges shall be assessed against the property or collected at time of building permit issuance. The 1998 trunk sewer utility hook-up charge is $1,216 per unit. The parcel will also be subject to trunk watermain hook-up charges (6 units) at$1,584. Should Outlot B become buildable in the future, this parcel will also be subject to sewer and water hook-up charges. STREETS Access to the development is proposed from Galpin Boulevard/County Road 19. This road is classified in the City's Comprehensive Plan as a collector street. The minimum right-of-way width of Galpin Boulevard shall be 100 feet wide. The preliminary plat indicates 50 feet of right-of-way exists adjacent to this development; however, the City, through a previous project, acquired a trail and utility easement for the extension of the utilities and existing trail along the parcel. Staff does not believe that additional right-of-way was purchased in the easement acquisition process. Staff will be reviewing this and may result in the applicant dedicating a total of 27 feet of right-of-way along Galpin Boulevard. The preliminary plat at this time indicates the proper right-of-way dedication; however, the actual right-of-way dedication needs to be further verified by staff. Additional right-of-way taking would not affect the lot sizes in the preliminary plat submittal. The preliminary plat proposes a 60-foot wide right-of-way with a 60-foot radius for the cul-de-sac in accordance with City Code. However, the street alignment for the cul-de-sac is too severe to accommodate emergency vehicles and therefore Sharmin Al-Jaff Lynmore Addition Preliminary Plat Review July 30, 1998 Page 4 needs to be revised. Staff has looked into modifying the applicant's plat to accommodate turning of emergency vehicles (see attached). Staffs layout also resolves the 20-foot requested setback by the applicant. However, staff's proposal incorporates a 50-foot wide right-of-way and eliminates Outlot B from being built on in the future. Staffs layout does provide for larger lots and eliminates the setback issue. The site is currently accessed through a shared driveway off of Galpin Boulevard with the Schmidt property to the north. As a result of platting the property a public street will be extended to service the existing home as well as 6 additional lots with the potential future subdivision of Outlot B as well. Staff is concerned about future street access to the Schmidt parcel. Given the location of the existing driveway, the additional turning movements and sight lines to the Schmidt property is not desirable. Staff looked at the possibility of a future private driveway through Outlot B to service future subdivision of the Schmidt parcel. The Carver County Public Works Department has the jurisdiction to approve additional access points or modify existing access points along Galpin Boulevard. Staff believes that the Schmidt parcel should access Bridle Creek Court through Outlot B with a private driveway in the future. Staff also believes the Schmidt parcel does not have the capability to subdivide into more than four single-family lots based on current ordinances and topographic features. Outlot B as currently proposed is not a buildable lot. There is a parcel of land that is owned by the Schmidt's that is needed to be acquired to develop Outlot B into a buildable parcel. Staff recommends that a 30-foot wide strip of land be deeded or easement dedicated to the City over Outlot B for future access (private driveway) to the Schmidt parcel to serve up four residential homes. The exact location of this easement can be modified through negotiations with staff and the applicant. Staffs layout has addressed the approximate location for the private driveway which is 55 feet east of the intersection of Galpin Boulevard and Bridle Creek Court. This should provide sufficient distance from the intersection for vehicles accessing the Schmidt parcel. This also increase the lot sizes within the development and shortens the cul-de-sac length. Staffs plan also reduces the right-of-way to 50 feet wide to compensate for loss of Outlot B. Bridle Creek Court is proposed to be constructed to City urban street standards within a 60-foot wide right-of-way. Detailed street construction plans and specifications will be required prior to final plat consideration. The public street shall be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. There are city- owned street lights along Galpin Boulevard that may be impacted with the street connection. This must be verified and street lights relocated in accordance with Sharmin Al-Jaff Lynmore Addition Preliminary Plat Review July 30, 1998 Page 5 City standards. A street light will also be required at the end of the cul-de-sac. The developer shall also coordinate with the appropriate utility companies for the installation of small utilities,i.e. NSP, Minnesota Valley Electric,Minnegasco, Triax Cable and U.S. West. Access to the existing house on Lot 5 must be maintained during construction from both a public safety standpoint and a resident standpoint. Once the public street(Bridle Creek Court) has been constructed, the existing home will be required to change their address to Bridle Creek Court and eliminate the existing access through the private driveway. EROSION CONTROL Erosion control fence is proposed along the grading limits on Lots 3, 4, 6 and 7. Erosion control fence needs to be extended along Lot 5 and tree protection fencing around the trees to be preserved on the site. Tree protection fencing shall be incorporated onto the grading,drainage and erosion control plan. RECOMMENDED CONDITIONS OF APPROVAL 1. The plans shall be revised to include the following: a. The grading plans shall include the type of dwelling, lowest floor and garage floor elevations. b. Show existing well and septic site with provisions for protection. c. Drain tile behind the curb in accordance with City detail plates 5232 and 5234 to address household sump pump discharge. d. Show sanitary sewer extension from Lukewood Drive including existing topographic features. e. Extend erosion control fence along the west side of Lot 5 and add tree preservation fencing. f. The cul-de-sac configuration/alignment shall be revised to accommodate turning movements of the City's emergency vehicles. Sharmin Al-Jaff Lynmore Addition Preliminary Plat Review July 30, 1998 Page 6 g. Provide traffic signage and street light locations. 2. The existing home on Lot 5 shall connect to City sewer and water within 12 months after the utilities are accepted by the City. If the existing well and/or septic system fails sooner or is damaged during construction,the home shall be connected within 30 days after City acceptance. 3. The applicant's engineer shall verify that the existing storm sewer system in Galpin Boulevard is designed to accommodate the additional runoff generated by this development. In addition,the downstream water quality pond shall be increased in size to handle the additional runoff generated from the site. 4. During design and construction of a home for Lot 3 the surface water runoff must be managed to avoid flooding of the home. The location of doors and windows should be two feet above the existing/proposed grade along the south side of the home. 5. At time of building permit issuance each lot except Lot 5 will be charged a sewer and water hook-up charge. Should Outlot B be platted in the future, this parcel will also be subject to sewer and water hook-up charges. 6. The existing home on Lot 5 shall change their street address once Bridle Creek Court is paved with bituminous. In addition,the existing driveway access shall be removed and restored with topsoil, seed and mulch. 7. If the exporting or importing of earthwork material is required, the developer shall supply staff with a haul route and traffic control plan for review and approval. 8. The appropriate drainage and utility easements shall be dedicated to the City on the final plat for all utilities and ponding areas lying outside the right-of-way. The minimum easement width shall be 20 feet wide. 9. The developer shall be responsible for the extension of sanitary sewer service to the site and acquisition of the necessary temporary and/or permanent utility easements. If the developer is unable to acquire the necessary utility easements, the plat shall be considered premature for development. Sharmin Al-Jaff Lynmore Addition Preliminary Plat Review July 30, 1998 Page 7 10. The applicant will need to develop a sediment and erosion control plan in accordance with the City's Best Management Practice Handbook and the Surface Water Management Plan requirements for new developments. The plan shall be submitted to the City for review and formal approval in conjunction with final plat submittal. 11. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 12. All utility and street improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detail Plates. Detailed street and utility plans and specifications shall be submitted three weeks prior to final plat consideration for staff review and City Council approval. 13. The applicant shall provide detailed storm sewer calculations for 10-year and 100-year storm events and provide ponding calculations for stormwater quality/quantity ponds in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve. The applicant shall provide detailed pre-developed and post-developed stormwater calculations for 100-year storm events and normal water level and high water level calculations in existing basins,created basin,and/or creeks. Individual storm sewer calculations between each catch basin segment will also be required to determine if sufficient catch basins are being utilized. In addition,water quality ponding design calculations shall be based on Walker's Pondnet model. 14. The applicant shall enter into a PUD agreement/development contract with the City and provide the necessary financial security to guarantee compliance with the terms of the development contract. 15. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County,Watershed District, Metropolitan Waste Control Commission, Health Department and , Minnesota Pollution Control Agency. Sharmin Al-Jaff Lynmore Addition Preliminary Plat Review July 30, 1998 Page 8 16. A 30-foot wide strip of land shall be dedicated or deeded to the City over Outlot B for future driveway access to the property to the north. Attachment: Cul-de-sac alternative dated 7/29/98 c: Anita Benson, City Engineer g:\eng\dave\pc\lynntore.doc a'' ' , 0. L-- .5> e-•-:. X P4Lp. e..•• • • •• 1 '\• • 6 i •: • \ s a Cl _ • \ • ., • . 010 N' • w 04.,s r 7-4)ell - c3�r'.'. . It tta o n C I TY O F P.C. DATE: 8-5-98 --- C U A U A E C.C. DATE: 8-24-98 - . N CASE: 97-4 Site Plan BY: Al-Jaff:v STAFF REPORT 4 PROPOSAL: Site Plan Approval for an 8,249.5 square foot multi-tenant retail building with the major tenant being Video Update 12 LOCATION: Lot 1, Block 1, Seven and Forty-one Crossing, southwest corner of the Z aintersection of Hwy. 7 and 41 APPLICANT : KKE Architects 7 &41, L.L.C. 300 First Avenue North 5500 Wayzata Boulevard Q,+ Minneapolis, MN 55401 Minneapolis, MN 55416 a (612)339-4200 (612)591-2260 QAttn. Mr. Ron Krank i ) PRESENT ZONING: BN, Neighborhood Business District ACREAGE: 1.2 acres ADJACENT ZONING AND LAND USE: N-Highway 7 S- 7 &41 Crossing Shopping Center E - SuperAmerica W-RSF, single family QSEWER AND WATER: Services are available to the site. Q:>fl SITE CHARACTERISTICS: The site is fairly level with mature vegetation along the west boarder. 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The site is legally described as Lot 1,Block 1, Seven and Forty-one Crossing, and is located on the southwest corner of the intersection of Hwys. 7 and 41. The lot area of Lot 1 is 1.2 acres. It is zoned BN, Neighborhood Business District. A retail building is a permitted use in the BN District. Access to the site is proposed to take place via a right-in only from Highway 7, and from Highway 41 across an existing parking lot for the 7 &41 Shopping Center, to the subject site. The site plan for the retail building is reasonably well developed. The building is proposed to utilize face brick on all four elevations,a rock face block accent band surrounding the building, and a stucco entrance along the north elevation. Metal structures are used on the sides of the entrances as accents to match the existing shopping center located south of the subject site. The entrance to Video Update is of a stucco material. There are three horizontal red neon lights that rap around the Video Update portion of the building, as well as the area surrounding the corners of the entryway into Video Update. The neon light is part of Video Update's commercial identification sign. Staff is not opposed to the neon around the stucco entrance, however, the portion that extends along the brick walls is excessive and should be removed. The southern half of the building utilizes standing seam metal canopies above the windows to match the existing 7 &41 Crossing Shopping Center. Staff is recommending the applicant remove the neon light band above the north half of the eastern elevation and incorporate the same standing seam metal canopy above the window. Parking for vehicles is located on the east half of the site and north of the subject building. Typically, staff works with the applicant to screen parking lots from views. However,the site design for this shopping center is established and it appears that the proposed location for the building is the logical one. The parking lot setback does not meet ordinance requirements from Highway 7. The ordinance allows a 10 foot parking lot setback from public right-of-way in cases when the parking is screened 100%. Otherwise, it is required to have a 25 foot setback. The site plan is showing a 10 foot setback from Highway 7. The applicant is proposing to screen that portion of the parking lot by a meandering berm and vegetation. The drive isles are 24 feet wide. The ordinance requires a minimum width of 26 feet. The plan must be amended to show wider drive isles. Staff is recommending the applicant reduce the width of the service lane located west of the building by 4 feet and turn it into a one way street. This will permit the drive aisles in the parking lot to be widened to 24 feet. The ordinance requires a minimum side yard setback of 15 feet. The plans reflect a 5 foot building setback from the southern property line. The applicant must increase the setback from the southern property line by 10 feet. Video Update August 5, 1998 Page 3 The landscaping plan meets the minimum requirements of the ordinance with the exception of one additional tree along the north portion of the site. Also, it appears that all the parking islands have a width of less than 10 feet. Staff is recommending these islands be widened to a minimum width of 10 feet. There is an existing vegetated buffer along the west side of the site. The existing vegetation is not shown on the survey. It appears that the overall grading limits do not disturb this area with the exception of the northwest and southwest corners. This natural buffer acts as a barrier between the subject site and the residential neighborhood located west of the 7 & 41 Crossing Shopping Center and staff is recommending the applicant leave this buffer undisturbed. The applicant is providing additional buffer between the proposed building and the residential neighborhood to the west. The site plan findings section require that a site plan be consistent with the zoning ordinance and the comprehensive plan. The comprehensive plan guides the property as medium density residential. In 1988, when the zoning of the property was changed from 01 to BN, a minor comprehensive plan amendment should have been processed concurrently with the rezoning. Staff believes it was an oversight. Over the next year, staff will be processing overall amendments to the Comprehensive Plan and Zoning map to ensure they are consistent and this will be one of the changes that will be processed at that time. The recommendation will be to reguide the property from medium density residential to commercial. This amendment will encompass the entire Seven and Forty-one Crossing Subdivision. Staff regards the project as a reasonable use of the land. Based upon the foregoing, staff is recommending approval of the site plan, without variances, with conditions. BACKGROUND On April 25, 1988,the City Council approved the first reading for the rezoning of the property at the southwest corner of Hwy. 7 and 41 for OI, Office Institutional to BN,Neighborhood Business District. On the same date,the Council also approved the subdivision of the subject property into 3 commercial lots. Lot 2 contains the 7 &41 Shopping Center and Lot 3 contains the SuperAmerica Gas Station. Lot 1 is the subject site and is proposed to contain a multi-tenant retail building. In 1988, when the site(Shopping Center, SuperAmerica, and the subject site) was being prepared for subdivision and development, it was under single ownership. As the Shopping Center and SuperAmerica were sold off to other parties, a cross access easement was recorded in favor of the SuperAmerica site to share access with the shopping center. The third site(Lot 1, Block 1, Seven and Forty-one Crossing)was left landlocked. On July 14, 1997, the City Council approved Site Plan Review#97-4 for a 9,680 square foot multi-tenant retail building with the major tenant being Video Update. One of the conditions of approval stated"The applicant shall Video Update August 5, 1998 Page 4 provide the City with a recorded copy of a cross access agreement or such other evidences as acceptable to staff to establish adequate ingress and egress between Lot 1, Block 1, and Lot 2, Block 1, Seven and Forty-one Crossing." This was not accomplished and the owner of the 7 & 41 Crossing Shopping Center purchased Lot 2 and is requesting approval for a revised site plan application. GENERAL SITE PLAN/ARCHITECTURE The proposed one story multi-tenant retail building, with an area of 8,249.5 square feet,will be situated parallel to and south of Highway 7. The site is bordered by Highway 7 to the north, SuperAmerica to the east, a residential neighborhood to the west, and 7 & 41 Crossing Shopping Center to the south. Access to the building is proposed from Highway 7 through a right-in only, and from Highway 41, through the shopping center parking lot and into two curb cuts located south of the subject site. Parking will be located to the east and north of the proposed building. The building is located 80 feet from the north, 110 feet from the east, 5 feet from the south, and 74 feet from the west property line. The ordinance requires a minimum side yard setback of 15 feet. The applicant must increase the setback from the southern property line by 10 feet. Materials used on the building will consist of face brick on all four elevations with rock face block horizontal bands rapping around the building. The face brick was utilized to match the materials used on the shopping center building. There are metal structures (also to match the existing shopping center)along the entryways into the building. The entrance to Video Update is of a stucco material. There are three horizontal red neon lights that rap around the Video Update portion of the building, as well as the area surrounding the corners of the entryway into Video Update. The neon light is part of Video Update's commercial identification sign. Staff is not opposed to the neon around the stucco entrance, however, the portion that extends along the brick walls is excessive and should be removed. Furthermore,the ordinance requires consistency in signage on multi-tenant buildings. The red neon stops halfway along the east elevation which detracts from the design of the building. The building's architecture is suitable for a shopping center and meets the standards of the site plan ordinance requirements. The BN Ordinance does not allow for drive through establishments. The existing driveway located west of the proposed building is a service driveway only. Staff wanted to point out this issue to bring it to the applicant's attention that this driveway may not be converted in the future to accommodate a drive through establishment. A parking lot light plan is required. The current plan does not include a light plan. Such must be submitted prior to building permit issuance. Only shielded fixtures are permitted with no more than 1/2 foot candle at the property line to meet the minimum requirements of the ordinance. The plan should incorporate the light style and height. Light fixtures shall be shielded to ensure there Video Update August 5, 1998 Page 5 is no glare spilling beyond a 90 degree angle. Staff is also requiring a more detailed sign plan which should include lighting method. The site plan shows the trash enclosure located south of the building. The applicant shall use materials to match the building when constructing the trash enclosure. SITE PLAN FINDINGS In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: (1) Consistency with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; (2) Consistency with this division; (3) Preservation of the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing or developing areas; (4) Creation of a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; (5) Creation of functional and harmonious design for structures and site features, with special attention to the following: a. An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; b. The amount and location of open space and landscaping; c. Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and d. Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public Video Update August 5, 1998 Page 6 streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. (6) Protection of adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers,preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. Finding: The proposed development is consistent with the zoning ordinance, however, the comprehensive plan guides the property as medium density residential. In 1988, when the zoning of the property was changed from OI to BN, a minor comprehensive plan amendment should have been processed concurrently with the rezoning. Staff believes it was an oversight. Staff is recommending the site plan be approved. Over the next year, staff will be processing overall amendments to the Comprehensive Plan and Zoning map to ensure they are consistent and this will be one of the changes that will be processed at that time. The recommendation will be to reguide the property from medium density residential to commercial. This amendment will encompass the entire Seven and Forty-one Crossing subdivision. The site design is compatible with the surrounding development. It is functional and harmonious with the approved development for this area. WETLANDS There do not appear to be wetlands on the parcel. GRADING The site was rough graded with the initial development of Seven Forty-one Crossing. Additional grading is proposed on the westerly slope for the trash enclosure and driveway around the building. During review of the initial development (Seven Forty-one Crossing), there were concerns for screening by the neighborhood to the west. The landscape plan proposes some restoration of the slope; however,the existing vegetation provides the adjacent neighborhood with a significant buffer. The applicant should explore the use of retaining walls or relocating the trash enclosure and eliminating the drive aisle around the building to minimize grading and tree loss. Another alternative would be to intensify the landscape plan to replace the buffer being lost in the southwest corner of the site due to grading. The building and first floor elevations propose to be two feet higher than the existing grade. The building elevation is approximately the same elevation as the SuperAmerica station next door. A 2-3 foot high earth berm is proposed along the north side of the site adjacent to Hwy. 7 to screen the northerly parking lot. Video Update August 5, 1998 Page 7 DRAINAGE The storm sewer system for this site was developed with the initial phase of the development. No further downstream storm drainage improvements will be required. The applicant's engineer shall provide detailed storm drainage calculations for a 10-year, 24-hour storm event to the city engineer to review and approve prior to issuance of a building permit. UTILITIES Municipal sewer and water service is available to the site. The utility service to the site is actually a private utility system owned and maintained by the shopping center association. The utility plans will be subject to review and approval by the City's Building Department at time of building permit application. The appropriate city sewer and water hookup charges will be applied at building permit issuance. These hookup charges are based on the number of Sewer Availability Charges (SAC)determined by the Metropolitan Environmental Services Commission at time of building plan review. The 1998 trunk hookup charges for sewer and water are$1,216 and $1,584, respectively. ACCESS The site is accessed internally from the shopping center which has access from Trunk Highway 7 and Trunk Highway 41. Access to the shopping center from Trunk Highway 7 is restricted to a right-in only. A full access to and from the site is available at Trunk Highway 7. Upon review of the parking lot circulation, staff has some concerns about the number of access points to the site from the internal development. pedestrian safety may be compromised with the number of access points proposed. The site can function with only one access from the south versus the two. The access point in the southeast corner of the parking lot should be eliminated due to the close proximity to the main north/south thoroughfare along the east property line. A similar site plan was submitted last year and approved by the City that restricted the site to two access points- -one from the south and one from the east. The parking lot layout should be redesigned to take this into account as well as city code for drive aisle widths and radiuses. The existing curb radius of the north/south main thoroughfare is proposed to be decreased. To provide adequate turning movements for passenger and truck vehicles, this radius should not be decreased. Drive aisle widths per City Code 20-1118 adjacent to parking stalls shall be 26 feet wide. Plans also propose a service drive around the building. The drive aisle width is proposed at 24 feet wide. If the applicant chooses to make the drive aisle one-way,the drive aisle width could be reduced to 20 feet in width which would allow the building to be shifted westerly to expand parking areas and landscape median islands. The plans also propose a 5-foot landscape median between the parking lot and the main north/south drive aisle to Trunk Highway 7. This landscape area is very narrow and it would be difficult for landscape to grow and accommodate snow storage. The Video Update August 5, 1998 Page 8 median should be similar to the SA site, approximately 15 feet in width, to provide adequate room for landscaping and snow storage. A traffic signage plan needs to be prepared for review and approval by staff at time of building permit application. EROSION CONTROL The plans lack the appropriate erosion control measures in accordance with city ordinance. The plans need to be revised to include erosion control measures in accordance with the City's Best Management Practice handbook. MISCELLANEOUS Staff has verified the impervious surface calculations on the plans and finds that the impervious surface is closer to 71% versus the 54% as stated on the site plan. The applicant should recalculate the impervious surface shown on the plans. PARKING The City's parking ordinance for retail buildings requires 1 space for each two hundred square feet of gross floor area. This site will require 50 parking spaces. The applicant is providing 50 which meets the minimum requirements of the ordinance. The Minnesota State Building Code (MSBC) requires that accessible parking spaces be provided at the rate of one accessible space per every 25 spaces in the lot(s). The site pan shows 2 spaces. LANDSCAPING Minimum requirements for landscaping include 1,567 sq. ft. of landscaped area around the parking lot, 6 trees for the parking lot, and buffer yard plantings along Highway 7 and neighboring property lines. The applicant has met the landscape area and parking lot tree requirements. However, the majority of the required landscape islands and peninsulas in the parking lot are each less than 10' in width and would therefore require aeration tubes to be installed. Staff recommends that the applicant increase the width of the islands and peninsulas rather that install the tubes. The buffer yard requirements along highway 7 includes a total of 3 over story, 6 under story, and 10 shrubs. The applicant is short one under story tree, but has provided the minimum requirements for the over story trees and shrubs. Video Update August 5, 1998 Page 9 Buffer yard requirements along the west side of the site include a minimum of 3 over story, 6 under story and 9 shrubs. Since there is existing vegetation,the applicant has proposed 4 over story trees and 5 under story trees. Staff finds this acceptable,but is concerned that the existing trees and shrubs remain and are protected during construction. The applicant must install a tree protection fence before grading on the site begins. LIGHTING Lighting locations have not been illustrated on the plans. Only shielded fixtures are allowed. The applicant shall demonstrate that there is no more than 1/2 foot candles of light at the property line as required by ordinance. A detailed lighting plan should be submitted when building permits are requested. Light fixtures shall be shielded to ensure there is no glare spilling beyond a 90 degree angle. SIGNAGE The applicant is showing signage along three elevations (north, east, and south). The sign ordinance state One wall business sign shall be permitted on the street frontage for each business occupant within a building. This would limit signage to the north elevation only. Since there is a private driveway along the east side of the building and since the majority of the parking lot is located along the east side of the building, staff believes that the applicant should be permitted to have signage along the east elevation. The sign along the southern elevation must be removed. The north half of the building will be occupied by Video Update and is proposing to have one sign along the north elevation with an area of 108 square feet. The signs along the east elevation have an area of 60 and 63 square feet. These three signs are in keeping with the sign ordinance requirements. All three signs meet the minimum requirements of the ordinance. One issue that staff feels should be discussed relates to neon lights. During the preliminary discussions with the applicant regarding the plans, a vibrant pink/red neon light that raps around the building was discussed. This neon light is shown along the north and northeast half of the building. There are three horizontal red neon lights that rap around the Video Update portion of the building, as well as the area surrounding the corners of the entryway into Video Update. The neon light is part of Video Update's commercial identification sign. Staff is not opposed to the neon around the stucco entrance,however,the portion that extends along the brick walls is excessive and should be removed. Furthermore,the ordinance requires consistency in signage on multi tenant buildings. The red neon stops halfway along the east elevation which detracts from the design of the building. One ground low profile business sign is permitted per lot. The area of the sign may not exceed 24 square feet and a height of 5 feet. There are two existing pillars on the site to accommodate a Video Update August 5, 1998 Page 10 future sign, however, the applicant is not showing a ground low profile sign on the plans. Should the applicant request a sign in the future, it must meet ordinance requirements and must be located 10 feet from the property line. The applicant must obtain a sign permit prior to erecting the signs on site. One stop sign must be posted on the driveway at the exit point of the site. A detailed sign plan incorporating the method of lighting, acceptable to staff should be provided prior to requesting a building permit. COMPLIANCE TABLE - IOP DISTRICT Ordinance Retail Building Building Height 1 story 1 story Building Setback N-35' E-15' N-80' E-110 S-15' W-50' S-5'* W-74' Parking stalls 50 stalls 50 stalls Parking Setback N-25' E-0' N-10'** E-5' S-0' W-50' S-7.5' W-50' Hard surface 65% 53.4% Coverage Lot Area 15,000 sq. ft 1.2 acres * The ordinance requires a minimum side yard setback of 15 feet. The applicant is providing 5 feet. This setback must be increased by an additional 10 feet from the southern property line. ** As mentioned in the landscape portion of the report,the ordinance states that Parking setbacks along public rights-of-way may be reduced to a minimum of ten (10)feet if the applicant can demonstrate to the satisfaction of the city that one-hundred-percent screening is provided at least five (5)feet above the adjacent parking lot. The intent of this section is that the city is willing to trade a reduced setback for additional landscaping that is both an effective screen and of high quality aesthetically. Acceptable screening is to be comprised of berming and landscaping. Screening through the use of fencing is not permitted. Video Update August 5, 1998 Page 11 The applicant is showing a 10 foot parking lot setback from Highway 7. The ordinance typically requires a 25 foot setback from public right-of-way. The applicant wishes to take advantage of the 10 foot flexibility in the ordinance, and has provided berming and landscaping along the area that encroaches into the required setback. Staff recommends the reduced setback be approved. STAFF RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: I. SITE PLAN REVIEW "The Planning Commission recommends approval of Site Plan Review#97-4 as shown on the site plan received July 9, 1998, subject to the following conditions: 1. The materials used to screen the trash enclosure shall be the same type of brick used on the building. 2. The applicant must obtain a sign permit prior to erecting any signage on site. Provide a detailed sign plan for review and approval. The signage shall comply with the ordinance requirements. Brick shall be used on the base of the ground low profile sign if a sign was erected. If a neon band was incorporated onto the exterior of the building, it shall be limited to the north entryway of Video Update. No signage will be permitted along the southern elevation. 3. Ornamentals planted along highway 7 should be salt tolerant. Replace crabapples with Japanese tree lilac or other such salt tolerant species. 4. Increase under story plantings in buffer yard to 6 trees. 5. Increase all parking lot islands and peninsulas to 10' in width. 6. Install tree protection fencing around existing vegetation on the west side of the property prior to construction. 7. The applicant shall enter into a site plan agreement with the city and provide the necessary financial securities as required for landscaping. 8. Fire Marshal conditions: Video Update August 5, 1998 Page 12 a. Install a P.I.V. (post indicator valve). Valve location must be approved by the Fire Marshal. 9. The applicant shall provide details on material colors used on the building for review and approval. 10. Concurrent with the building permit, a detailed lighting plan meeting city standards shall be submitted. Lighting Plans shall include photometrics,wattage,treatment for glare, etc. 11. Building Official's conditions: a. Meet with the Building Official as early as possible to discuss commercial building permit requirements. 12. At time of building permit issuance, the site will be subject to the appropriate number of sewer and water hookup charges based on the number of SAC units determined by the Metropolitan Environmental Services Commission. 13. The applicant shall intensify the landscaping plan along the westerly slope to restore the existing buffer to the original condition or better. 14. The applicant shall provide detailed storm drainage for a 10-year, 24-hour storm event to the city engineer to review and approve prior to issuance of a building permit. 15. The site plan shall be revised to include the following: a) The radius on the north/south drive aisle in the southeasterly corner shall remain at 20 feet, b) The parking lot and drive aisles shall be redesigned in accordance with City Code 20-1118, c) Provide minimum 10 foot landscape median between parking lot and north/south drive aisle from Trunk Highway 7, d) Delete southeasterly driveway entrance from existing parking lot, e) Erosion control measures in accordance with the City's Best Management Practice Handbook. 16. Prepare a traffic signage plan for review and approval by staff 17. Recalculate impervious surface percentage. 18. All roof top equipment shall be screened from views. 19. The building setback along the southern property line shall be increased to 15 feet. • Video Update August 5, 1998 Page 13 20. The applicant shall remove the neon light band above the north half of the eastern elevation and incorporate standing seam metal canopy above the window." ATTACHMENTS 1. Memo from Dave Hempel,Assistant City Engineer, dated July 28, 1998. 2. Memo from Mark Littfin, Fire Marshal,dated July 23, 1998. 3. Memo from Steve Kirchman dated July 23, 1998. 4. Application. 5. Narrative. 6. Cross Access Easement Agreement. 7. Plan showing the layout of the 7&41 crossing subdivision. 8. Plans received July 9, 1998. gvlan'sa\video.2.doc 101 CITY OF MEMORANDUM CIIANHASSEN TO: Sharmin Al-Jaff, Planner II 690 Cit)Center Drive.PO Box 14' FROM: Dave Hempel, Assistant City Engineerrr�j,, Chanhassen,Minnesota 5531 Phone 612.93-.1900 DATE: July 28, 1998 General Fax 612.93-.5-39 Engineering Fax 612.93,.915 2 SUBJ: Review of Video Update Site Plan- File No. 97-8 LUR Public Safer, Fax 612.93-1.52 (Lot 1, Block 1, Seven Forty-one Crossing) lF;b um.,i.,r41;11,,is,e,i.;ii%i.i; Upon review of the plans prepared by James R. Hill dated July 7, 1998, I offer the following comments and recommendations: GRADING The site was rough graded with the initial development of Seven Forty-one Crossing. Additional grading is proposed on the westerly slope for the trash enclosure and driveway around the building. During review of the initial development(Seven Forty- one Crossing), there were concerns for screening by the neighborhood to the west. The landscape plan proposes some restoration of the slope; however, the existing vegetation provides the adjacent neighborhood with a significant buffer. The applicant should explore the use of retaining walls or relocating the trash enclosure and eliminating the drive aisle around the building to minimize grading and tree loss. Another alternative would be to intensify the landscape plan to replace the buffer being lost in the southwest corner of the site due to grading. The building and first floor elevations propose to be two feet higher than the existing grade. The building elevation is approximately the same elevation as the Super America station next door. A 2-3 foot high earth berm is proposed along the north side of the site adjacent to Hwy. 7 to screen the northerly parking lot. DRAINAGE The storm sewer system for this site was developed with the initial phase of the development. No further downstream storm drainage improvements will be required. The applicant's engineer shall provide detailed storm drainage calculations for a 10- year, 24-hour storm event to the city engineer to review and approve prior to issuance of a building permit. UTILITIES Municipal sewer and water service is available to the site. The utility service to the site is actually a private utility system owned and maintained by the shopping center association. The utility plans will be subject to review and approval by the City's The Cite of Chanhassen..-1 growing community with clean lakes,quality schools,a charming downtown,thriving businesses,and beauti l pal ks.,-1 great plane to lire,Ivo;le,and play: Sharmin Al-Jaff Video Update Site Plan Review July 27, 1998 Page 2 Building Department at time of building permit application. The appropriate city sewer and water hookup charges will be applied at building permit issuance. These hookup charges are based on the number of Sewer Availability Charges (SAC) determined by the Metropolitan Environmental Services Commission at time of building plan review. The 1998 trunk hookup charges for sewer and water are $1,216 and$1,584,respectively. ACCESS The site is accessed internally from the shopping center which has access from Trunk Highway 7 and Trunk Highway 41. Access to the shopping center from Trunk Highway 7 is restricted to a right-in only. A full access to and from the site is available at Trunk Highway 7. Upon review of the parking lot circulation, staff has some concerns about the number of access points to the site from the internal development. Staff has concerns that pedestrian safety may be compromised with the number of access points proposed. Staff believes the site can function with only one access from the south versus the two. Staff believes that the access point in the southeast corner of the parking lot should be eliminated due to the close proximity to the main north/south thoroughfare along the east property line. A similar site plan was submitted last year and approved by the City that restricted the site to two access points--one from the south and one from the east. Staff believes the parking lot layout should be redesigned to take this into account as well as city code for drive aisle widths and radiuses. The existing curb radius of the north/south main thoroughfare is proposed to be decreased. To provide adequate turning movements for passenger and truck vehicles, this radius should not be decreased. Drive aisle widths per City Code 20-1118 adjacent to parking stalls shall be 26 feet wide. Plans also propose a service drive around the building. The drive aisle width is proposed at 24 feet wide. If the applicant chooses to make the drive aisle one-way,the drive aisle width could be reduced to 20 feet in width which would allow the building to be shifted westerly to expand parking areas and landscape median islands. The plans also propose a 5-foot landscape median between the parking lot and the main north/south drive aisle to Trunk Highway 7. This landscape area is very narrow and it would be difficult for landscape to grow and accommodate snow storage. Staff believes that the median should be similar to the SA site,approximately 15 feet in width,to provide adequate room for landscaping and snow storage. A traffic signage plan needs to be prepared for review and approval by staff at time of building permit application. Sharmin Al-Jaff Video Update Site Plan Review July 27, 1998 Page 3 EROSION CONTROL The plans lack the appropriate erosion control measures in accordance with city ordinance. The plans need to be revised to include erosion control measures in accordance with the City's Best Management Practice handbook. MISCELLANEOUS Staff has verified the impervious surface calculations on the plans and finds that the impervious surface is closer to 71% versus the 54% as stated on the site plan. RECOMMENDED CONDITIONS OF APPROVAL 1. At time of building permit issuance, the site will be subject to the appropriate number of sewer and water hookup charges based on the number of SAC units determined by the Metropolitan Environmental Service Commission. 2. The applicant shall intensify the landscaping plan along the westerly slope to restore the existing buffer to the original condition or better. 3. The applicant shall provide detailed storm drainage for a 10-year,24-hour storm event to the city engineer to review and approve prior to issuance of a building permit. 4. The site plan shall be revised to include the following: a) The radius on the north/south drive aisle in the southeasterly corner shall remain at 20 feet, b) The parking lot and drive aisles shall be redesigned in accordance with City Code 20- 1118,c)Provide minimum 10 foot landscape median between parking lot and north/south drive aisle from Trunk Highway 7, d) Delete southeasterly driveway entrance from existing parking lot,e) Erosion control measures in accordance with the City's Best Management Practice Handbook. 5. Prepare a traffic signage plan for review and approval by staff. 6. Recalculate impervious surface percentage. c: Anita Benson, City Engineer g:\eng\dave\pc update l.spr.doc 1101 CITY OF CHANHASSEN MEMORANDUM 690 City Center Drive,PO Box 147 Chanhassen,Minnesota 5531i TO: Sharmin Al-Jaff, Planner II Phone 612.937.1900 FROM: Mark Littfin, Fire Marshal General Fax 6)2.937.5739 Engineering Fax 612.9379152 DATE: July 23, 1998 Public Sa fetr Fax 612.93.1.252-i Web wuu.cichauhassen.rt;r.ls SUBJ: Request for Site Plan Approval for an 8,249.5 square foot Multi-Tenant Retail Building with the Major Tenant being • Video Update Located on Block 1, Lot 1, Seven and Forty One Crossing, Southwest Corner of the Intersection of Highway 7 and 41, KKE Architects Planning Case#97-4 Site Plan I have reviewed the site plan for the above project. In order to comply with the Chanhassen Fire Department/Fire Prevention Division, I have the following fire code or city ordinance/policy requirement. The site plan review is based on the available information submitted at this time. If additional plans or changes are submitted,the appropriate code or policy items will be addressed. 1. Install a P.I.V. (post indicator valve). Valve location must be approved by the Fire Marshal. ML:cd gAsafety\m1197.4Site The City of Chanhassen..)growing community with clean l;&,qualm'schools,a(banning downtown,thriving businesses,and beautifld parks.A great place to line, work.and pLr 1011 CITY OF CHANHASSEN MEMORANDUM 690 City Center Dale,PO Box 11,' TO: Sharmin Al-Jaff,Planner 11 Chanhassen,Minnesota 55317 FROM: Steve A. Kirchman,Building Official n ir Phone 612.937.1900 1' General Fax 612.937.5739 DATE: July 23, 1998 Engineering Fax 612.937.9152 Public Safety Fax 612.934.252-i SUBJECT: 97-4 SPR(Video Update,KKE Architects) lVeb uwtr.ci.chanbassen.run.us I was asked to review the site plan proposal stamped"CITY OF CHANHASSEN, RECEIVED, JUL 2 3 , 19 9 8, CHANHASSEN PLANNING DEPT." for the above referenced project. I have no comments or recommendations concerning this application at this time. I would like to request that you relay to the developers and designers my desire to meet with them as early as possible to discuss commercial building permit requirements. G:\safetsakkrnemos\plan\vidupl The City of Chanhassen.A growing community with dean lakes,quality schools,a clmnning downtown,thriving businesses,and beautiful parks.A great place to live,work,hind play CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612)937-1900 DEVELOPMENT REVIEW APPLICATION II� APPLICANT: 4/'C (f S OWNER: 7 I �'j / ' C" ADDRESS: c-. .` /', /C-e... ', .:.( ADDRESS: S TELEPHONE(Day time) 3 -- ` = TELEPHONE: �� ' C' i , ., ti. ,tom Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit .— Vacation of ROW/Easements interim Use Permit _ Variance Non-conforming Use Permit _ Wetland Alteration Permit Planned Unit Development' _ Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review X Notification Sign Site Plan Review' X Escrow for Filing Fees/Attorney Cost" ($50 CUP/SPRNACNAR/WAP/f ieteS and Bounds,$400 Minor SUB) Subdivision' TOTAL FEE$ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. 'Twenty-six full size folded copies of the plans must be submitted, including an 81/2'X 11" reduced copy of transparency for each plan sheet. "Escrow will be required for other applications through the development contract NOTE-When multiple applications are processed,the appropriate fee shall be charged for each application. /17) PROJECT NAME /C /14 9 H/-�/y' 4 i) 0,7).4 LOCATION ' ': '- is -'S LEGAL DESCRIPTION .l - I 1"}ic <<< u r !'•; l,L• f" �.�i 5: TOTAL ACREAGE A / y y ... -S WETLANDS PRESENT YES 'iNO PRESENT ZONING H A4' :'. IS`%.' S 1.c.:' S • REQUESTED ZONING 41,-i":=7_(,-/y ) 1). PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with a!! City requirements with regard to this request. 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 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 1 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. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. /(r/9� re of, p icant �// Date, i' ( (C : — C A'/ /f4 a.A.;,4'` ".--/- Signature of Fee Owner T%� i/C Date Application Received on Fee Paid Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. if not contacted, a copy of the report will be mailed to the applicant's address. PROPOSED RETAIL BUILDING NARRATIVE July 8, 1998 This building's architectural design derives its character from the existing retail center and the neighboring gas/convenience. The materials match the surrounding buildings in brick color, metal colors, and storefront mullion color. Special design features are incorporated at key corners and entries that reflect the brick detailing and metal structures of the existing retail, yet at a proportion more appropriate to this smaller free-standing building; rock face block bands and base further the continuity of the design. The Video Update area incorporates two neon bands at north and east elevations only so as not to be visible from the residential area. Its prototype marquee has been modified to compliment the design. The remaining tenant space utilizes a colorful standing seam metal canopy to add a festive pedestrian feeling. All signage is conforming to the city ordinance in location, size and will be individually mounted with illuminated letters having a common metal surround color to match the existing center signage. Rooftop units will be screened by the raised parapet area of Video Update and painted to match the metal coping. The trash enclosure is brick to match the building with metal gates that are secured. The site plan is designed with 35% green area. The service drive is screened from the neighboring residential area by the existing vegetation and grade that provides 100% opaqueness. The parking is screened from the highway with a meandering 3' high berm with a 2' high evergreen shrubs on top. A sidewalk has been provided that extends to the south lot line. The owner will obtain a cross parking easement between the sites to ensure continuity and flow. (RESERVED FOR RECORDING DATA) OPERATION AND EASEMENT AGREEMENT This Operation and Easement Agreement ("Agreement") is made as of the J day of December, 1997,_by and between 7 & 41 Crossings Center Limited Partnership, a Minnesota limited partnership ("Crossings"), and Arnold M. Soskin ("Soskin"). Crossings and Soskin are sometimes hereafter individually or collectively referred to as a "Party" or the "Parties." RECITALS A. Crossings is the fee owner of a tract of land in Carver County, Minnesota, legally described as Lot 2, Block 1, SEVEN FORTY ONE CROSSING, according to the plat thereof on file and of record in the office of the County Recorder in and for Carver County, Minnesota ("Crossings Tract"). B. By deed recorded concurrently herewith, Soskin has acquired fee title to a tract of land in Carver County, Minnesota, legally described as Lot 1, Block 1, SEVEN FORTY ONE CROSSING, according to the plat thereof on file and of record in the office of the County Recorder in and for Carver County, Minnesota ("Soskin Tract"). The Soskin Tract is contiguous and adjacent to the Crossings Tract. C. The Crossings Tract and the Soskin Tract (sometimes individually a'`Tract;" collectively, the "Tracts" or the "Shopping Center") are intended to be operated in conjunction with each other, and in order to effectuate the operation thereof, Crossings and Soskin desire to enter into certain covenants and agreements, and to grant an easement in, to, over, and across a portion of the Crossings Tract in favor of the Soskin Tract. D. By deed recorded concurrently herewith, Soskin has conveyed fee title to the Soskin Tract to 7 & 41, LLC. In exchange for this conveyance, 7 & 41, LLC has executed and delivered its promissory note in the amount of$345,000 ("Soskin Note"), which Soskin Note is secured by a mortgage of even date herewith ("Soskin Mortgage"). 1604101.043 AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Crossings and Soskin hereby agree as follows: 1. Recitals. The recitals set forth above are incorporated into this Agreement by reference. 2. Access Easement. Crossings hereby grants, bargains, sells and conveys to the present and any future owner of the Soskin Tract, its employees, licensees, invitees, tenants and customers, a nonexclusive perpetual easement in common with Crossings and others entitled to use the same, for the purpose of ingress and egress of vehicular and pedestrian traffic ("Access Easement"), extending over, upon and across the portion of the Crossings Tract legally described in Exhibit A attached hereto (the "Easement Area"). 3. J3uilding Height Restrictions. No building in the Shopping Center shall exceed twenty (20) feet in height. For purposes of this paragraph, building height shall be measured from the finished floor elevation to the top of the roof structure, including any screening, parapet, penthouse, mechanical equipment or similar appurtenance located on the roof of such building, but not including communications equipment (such as antennas, laser heads, satellite dishes and microwave dishes) used in connection with the businesses being conducted in the Shopping Center. 4. Use Restrictions. 4.1. The Shopping Center shall be used only for retail sales, offices, restaurants or other commercial purposes. No use shall be permitted in the Shopping Center which is inconsistent with the operation of a first-class retail shopping center. 4.2. At the time that a Party, or a tenant of a Party, proposes a particular use on the Party's Tract, the Party owning that Tract shall request from the owner of the other Tract a list of its exclusive uses, which list shall be delivered to the requesting Party within three (3) days of receiving such request. No use shall be permitted on either the Crossings Tract or the Soskin Tract which violates an exclusive use that, at that time, exists on the other Tract. 4.3. Crossings and Soskin shall use their best efforts to cause the employees of the occupants of their respective Tracts to park their vehicles only on such Tract. 5. Common Area. 5.1. In addition to the definitions set forth above, for the purpose of this Agreement, the following terms shall have the meanings set forth below: 1604101.04 2 5.1.1. "Administration Fee" means an amount equal to five percent (5%) of the Common Area Maintenance Costs (exclusive of insurance premiums and utility charges) which Crossings shall be permitted to charge in lieu of its profit, administrative costs and overhead costs associated with the operation, maintenance and insurance of the Common Area. 5.1.2. "Building Area" means all areas within the outside surfaces of the exterior walls of a building or buildings. 5.1.3. "Common Area" means all areas within the exterior boundaries of the Crossings Tract,exclusive of buildings. 5.1.4. "Common Area Maintenance Costs" means such funds that are reasonably necessary for the operation, maintenance and insurance of the Common Area, but not including: (i) real property taxes and assessments; (ii) any costs to clean up or repair the Common Area resulting from construction, maintenance or replacement of buildings; (iii) any charge for electricity to a Party that separately pays the electrical costs for lighting the Common Area; or (iv) Crossings' profit, administrative costs and overhead costs associated with its operation, maintenance and insurance of the Common Area. 5.2. Crossings, or its agents, shall maintain, or cause to be maintained, the Common Area in a sightly, safe condition and good state of repair comparable to the standard of maintenance followed in other first-class retail developments of comparable size in the City of Chanhassen and surrounding communities. Crossings' maintenance and repair obligation shall include but not be limited to the following: 5.2.1. Drive and Parking Areas. Maintaining all paved surfaces and curbs in a smooth and evenly covered condition; maintaining appropriate directional, stop, or handicap parking signs or markers; and restriping parking lots and driveways as necessary to maintain parking space designations and traffic direction. 5.2.2. Debris. Refuse. and Snow. Periodic removal of all papers, debris, refuse, ice and snow (in excess of two inches). 5.2.3. Lighting. Maintaining, cleaning and replacing Common Area lighting fixtures. Exterior building lighting, including any lighting associated with the canopy or other architectural feature forming a part of a building, shall not be considered a Common Area improvement, and the maintenance and replacement of such fixtures and the cost of illumination shall be the obligation of the Party upon whose Tract such fixtures are located. 5.2.4. Landscaping. Mowing all grassed areas and maintaining all landscape plantings, trees and shrubs in an attractive and thriving condition. 1604101.04 3 5.2.5. Common Utility Lines. Maintaining, cleaning, replacing and repairing any and all utility lines which are installed to provide the applicable service to both the Crossings Tract and the Soskin Tract. 5.2.6. Sidewalks. Maintaining all sidewalks, including those adjacent and contiguous to buildings located within the Crossings Tract. 5.3. Soskin hereby grants to Crossings, its agents and employees, a license to enter upon its Tract to discharge Crossings' duties to operate, maintain and repair the Common Area. 5.4. Crossings and Soskin agree to pay their proportionate shares of Common Area Maintenance Costs and the Administration Fee ("Shared Costs"). Each Party's proportionate share shall be the amount that is equal to the product of the Shared Costs multiplied by the fraction that results from dividing the Building Area on the Party's Tract by the total Building Area in the Shopping Center. 5.5. Crossings shall, at least ninety (90) days prior to the beginning of each calendar year, submit to Soskin an estimated budget ("Budget") for the Shared Costs for the ensuing calendar year. 5.6. Soskin shall pay to Crossings in equal monthly payments, in advance, its share of the Shared Costs based upon the amount set forth in the Budget. Within 45 days after the end of each calendar year, Crossings shall provide Soskin with a statement certified by an authorized person, together with supporting invoices and other materials, setting forth the actual Common Area Maintenance Costs paid by it for the operation and maintenance of such Common Area, the Administrative Fee, and the share of the aggregate thereof that is allocable to the Soskin Tract. If the amount paid with respect to the Soskin Tract for such calendar year shall have exceeded the share allocable to such Tract in the Budget, Crossings shall refund the excess to Soskin at the time such certified statement is delivered. If the amount paid with respect to the Soskin Tract for such calendar year shall be less than the share allocable to such Tract in the Budget, Soskin at the time such certified statement is delivered shall pay the balance of its share to Crossings within thirty (30)days after receipt of such certified statement. 6. Building Maintenance. Crossings and Soskin covenant and agree to maintain and keep the exterior portion of the buildings on their respective Tracts in first-class condition and state of repair, and in compliance with all governmental laws, rules, regulations, orders and ordinances exercising jurisdiction thereover. Each Party further agrees to store all trash and garbage in adequate containers, to locate such containers so that they not readily visible from the parking area, and to arrange for regular removal of such trash or garbage. 7. Signs. No free-standing sign shall be permitted within the Soskin Tract unless constructed in areas designated on the Site Plan (defined below). If a free-standing sign is constructed on the Soskin Tract, Soskin shall be responsible for the sign's operation 1604101.04 4 and maintenance on a first-class basis. Crossings shall have the right to approve the design and size of all free-standing signs, including the panel inserts. 8. Taxes and Assessments. Each Party shall pay or cause to be paid prior to delinquency, all taxes and assessments with respect to its Tract, the building and other improvements located thereon, and any personal property owned or leased by such Party and situated in the Shopping Center. 9. Indemnification. Each Party agrees to defend, indemnify and hold harmless the other Party from and against all claims and demands, including any action or proceeding brought thereon, and all costs, losses, expenses and liabilities of any kind related thereto, including reasonable attorneys' fees and costs, arising out of or resulting from (i) any construction activities performed or authorized by such indemnifying Party; (ii) any liens filed against the Tract of one Party as a result of services performed or materials furnished for the use of the other Party; and (iii) any injury to or death of any person, or damage to the property of any person, while such person or property is situated on the Tract owned by the indemnifying Party; provided, however, that the foregoing shall not be applicable to either events or circumstances caused by the negligence or willful act or omission of the indemnified Party, its licensees, concessionaires, agents, servants, employees or anyone claiming by, through or under any of them. 10. Lighting. Each Party hereby covenants and agrees to keep its Tract fully illuminated each day from dusk to at least 2:00 a.m., unless the Parties agree upon a different time period. Each Party further agrees to keep any exterior security lights on from dusk until dawn. 11. Default; Remedies. 11.1. Events of Default. The occurrence of one or both of the following events shall constitute a material default and breach of this Agreement by the non-performing Party (the "Defaulting Party"): (i) The failure to make any payment required to be made hereunder within ten (10) days of the due date, or (ii) the failure to observe or perform any of the covenants, conditions or obligations of this Agreement, other than the payment of money, within thirty (30) days after the issuance of a notice by the other Party (the "Non-Defaulting Party") specifying the nature of the default claimed. 11.2. Legal Proceedings. A Non-Defaulting Party shall have the right to prosecute any proceedings at law or in equity against any Defaulting Party hereto, or any other person, violating or attempting to violate or defaulting upon any of the provisions contained in this Agreement, and to recover damages for any such violation or default. Such proceeding shall include the right to restrain by injunction any violation or threatened violation by another of any of the terms, covenants, or conditions of this Agreement, or to obtain a decree to compel performance of any such terms, covenants, or conditions, it being agreed that the remedy at law for a breach of any such term, covenant, or condition (except those, if any, requiring the payment of a liquidated sum) is not adequate. All of the remedies permitted or available to a Party under this Agreement or at law or in equity 1604101 04 5 shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. Notwithstanding anything to contrary contained in this Agreement, Crossings' right to offset its payments due Soskin under the Soskin Note to Soskin's obligations under this Agreement shall be limited to Soskin's obligations during such time as Soskin is a"New Owner"as defined in Paragraph 24 below. 11.3. Interest. If a Party fails to pay any sum due hereunder within ten (10) days of the due date, such Defaulting Party shall pay interest on such amount from the due date to and including the date such payment is received by the person entitled thereto, at the lesser of: (i) the highest non-usurious rate permitted by law to be either paid on such type of obligation by the person obligated to make such payment or charged by the person to whom such payment is due, whichever is less; or (ii) three percent (3%) per annum in excess of the prime rate from time to time publicly announced by Norwest Bank Minnesota,N.A. or its successor. 12. Notice. All notices, demands and requests (collectively "Notice") required or permitted to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such Notice is (i) delivered to the Party intended, (ii) delivered to the then designated address of the Party intended, (iii) rejected at the then designated address of the Party intended, provided such Notice was sent prepaid, or (iv) sent via facsimile so long as the original copy is also sent in the manner set forth in (i) or(ii) above on the same day. The initial addresses of the Parties shall be: Crossings: 7 & 41 Crossings Center Limited Partnership 5500 Wayzata Boulevard, Suite 1050 Golden Valley, MN 55416 Attention: Brian E. Pellowski Soskin: Arnold M. Soskin 653 Interchange Tower 600 South Highway 169 St. Louis Park, MN 55426 Upon at least ten (10) days prior written notice, each Party shall have the right to change its address to any other address within the United States of America. 13. Approval Rights. Nothing contained in this Agreement shall limit the right of a Party, or any mortgagee of any Tract, to exercise its business judgment, or act in a subjective manner, with respect to any matter as to which it has specifically been granted such right, or the right to act in its sole discretion or sole judgment, whether "objectively" reasonable under the circumstances, and any such exercise shall not be deemed inconsistent with any covenant of good faith and fair dealing otherwise implied by law to be part of this Agreement; and the Parties intend by this Agreement to set forth their entire understanding with respect to the terms, covenants, conditions 1604101.04 6 and standards pursuant to which their obligations are to be judged and their performance measured. 14. Covenants Running with the Land. Successors and Assigns. Subject to Paragraph 24, the terms of this Agreement shall constitute covenants running with the land (both the Crossings Tract and the Soskin Tract) and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns. This Agreement is not intended to supersede, modify, amend or otherwise change the provisions of any prior instrument affecting the Tracts. 15. Construction and Interpretation. This Agreement contains all of the representations and the entire agreement between the Parties with respect to the subject matter hereof. Any prior negotiations, correspondence, memoranda or agreements are superseded in total by this Agreement. This Agreement has been fully negotiated at arms length between the signatories hereto, and after advice by counsel and other representatives chosen by such signatories, and such signatories are fully informed with respect thereto; no such signatory shall be deemed the scrivener of this Agreement; and, based on the foregoing, the provisions of this Agreement shall be construed as a whole according to their common meaning and not strictly for or against any Party. 16. Captions. The captions preceding the text of each article and section are included only for convenience of reference. Captions shall be disregarded in the construction and interpretation of this Agreement. Capitalized terms are also selected only for convenience of reference and do not necessarily have any connection to the meaning that might othenvise be attached to such term in a context outside of this Agreement. 17. Invalidity. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other person and the same shall remain in full force and effect. 18. Negation of Partnership. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the Parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each Party is a separate owner, and no Party shall have the right to act as an agent for the other Party. 19. Attorney's Fees. In the event of a dispute regarding the terms of this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and costs at all pre-trial, trial and appellate levels. 20. No Waiver. A Party's failure to insist upon strict performance of any of the terms, covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which that Party may have hereunder, at law or in equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants or conditions. No waiver by any Party of any default under this Agreement shall be effective or binding on such Party unless 160410104 7 M 111111 Ma M MIL mr. doom {_�_-. <. .. .�.- - - made in writing by such Party and no such waiver shall be implied from any omission by a Party to take action in respect to such default. 21. n ent Mrt a,ggisl. Crossings agrees that it will use its best efforts to obtain the consent of its mortgagee(s), in the form attached hereto as Exhibit B, following execution and recordation of this Agreement. 22. in i n. The Access Easement granted in Paragraph 2 shall be erpetual. Oral/r than the Access Easement granted in Paragraph 2, this Agreement may be term by Crossings, effective ten (10) days after the date Crossings gives Soskin notice of the occurrence of any of the following events: 22.1. Default. If Soskin fails to cure an event of default within thirty (30) days after 1 delivery of written notice of such default. 22.2. Cessation of Operations. If all retail and/or commercial operations on the Soskin Tract cease for twelve (12) consecutive months. If this Agreement is terminated pursuant to this Paragraph, Crossings shall record a Declaration of Termination in the office of the recorder of Carver County, sir ntsot ,Y d the en necessary shall cooperate in executing any further documents or r appropriate to evidence such termination. 23. Aunt. This Agreement may be amended by, and only by, a written agreement signed by all of the then record fee simple owners of the Crossings Tract and the Soskin Tract and consented to by the mortgagee(s) of each Tract, including but not limited to Soskin, and shall be effective only when recorded in the office of the recorderof Carver Contamenesootant to Each th Party and any mortgagees may consider, approve or disapproveany proposed is Agreement in its sole and absolute discretion without regard to reasonableness or timeliness. 24. Limitation Regarding Soskin and Soskin Mortgage. ohetanding any Soskin Mortgagesfor all ion in this Agreement to the contrary, this Agreement is subordinateto purposes other than Paragraphs 2, 3 and 4 (subject to the further provisions of this Paragraph). If Soskin or his heirs, devisees, successors, assigns, transferees or grantees ever (i) foreclose the Soskin Mortgage, or (ii) receive a deed in lieu of foreclosure of the Soskin Mortgage, and Soskin or his heirs, devisees, successors, assigns, transferees or grantees (whether succeeding to or receiving Soskin's interest as mortgagee under the fSoskin ortgasure ef orths fee owner n Mortgage) Soskin Tract after foreclosure or deed in lieu o (collectively, the"New Owner"), then the New Owner shall be responsible for 15% of the cost of maintaining the Easement Area which cost is attributable to the time period during which the New Owner owns the Soskin Tract. The New Owner shall pay to Crossings such costs within 30 days of receipt by the New Owner of any invoice. Maintenance and shall otherinclude, rout ne hand hout clustoanary tion, black top maintenance, seal coating, snow removal maintenance. 8 I60410I.04 I 1 f 25. Counterparts. The parties hereto may sign this Agreement in counterparts and, at such time as all parties have signed the counterparts, it shall be effective as though all had signed one document. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. 7 & 41 Crossings Center Limited Partnership, a Minnesota limited partnership, By PBK Investments Inc., Its General Partner By // Its e OGC-."--&-CA )717) jf)"••=1"at----LiY Arnold M. Soskin STATE OF MINNESOTA ) //// ) ss: COUNTY OF /7` ,o ) The foreg�o' g instrument was a lyrlowledged before me this day of December, 1997, by �,6,. /V/f,..,o-/ , the /".t.t. A. of PBK Investments Inc., a Minnesota corporation and general partner of 7 & 41 Crossings Center Limited Partnership, a Minnesota limited partnershibehalf of the art irship. ;;, ,, (Yy- - ROBERT DEVOLVE 'x,.. s UV NOTARY PUBLIC- &ESOTA 6(A ----- - .' w ccaaini.Espies Jut.x.1100 Notary Public M a STATE OF MINNESOTA ) )ss: COUNTY OF ��'4'/`^ ) The foregoing instrument was acknowledged before me this 5 day of December, 1997, by Arnold M. Soskin. ROBERT DEVOLVE Y µ NOTARY PUBLIC-MINNESOTA Notary Public My Cswiuioo Ezpra Jai.It 2011 IP Ill 1604101.04 9 INNS JIM& ..""' • EXHIBIT A LEGAL DESCRIPTION All thatp art of Lot 2, Block 1, SEVEN FORTY ONE CROSSING which lies easterly and northerly of the following described "Line 1" and which lies southwesterly of the following described"Line 2:" "Line 1" is described as beginning at the northeast °South 0 degrees 17 minutes 22 lock 1, SEVEN FORTY ONE CROSSING; thence seconds West, on an assumed bearing, along the east line of said Lot 1 and its southerly extension, a distance of 223.35 feet; thence South 89 degrees 42 minutes 38 seconds East, a distance of 171.00 feet; thence South 10 degrees 04 minutes 39 seconds East, a distance of 200.78 feet; thence South 74 degrees 06 minutes 34.seconds East, a distance of 7 56.3the theeet o a point n southeastcornerle east of Lotline of 3, Blockll Lot 2, Block 1 distant 247.69 feet south o and said line there terminating. t "Line 2" is described as beginning at a porne°thence sothe th line of utheasterly�o a pointlon Block 1 distant 48.00 feet west of the southeast the east line of Lot 2, Block 1 distant 164.69 feet south of the southeast corner of Lot 3,Block 1 and said line there terminating. • • ....------------------- 0 ti'll :—_______:---1 -------------- "':••••1:41-.4".;•-•—3., • see CAVIL MIL Reall12l•O ' •� •"• x-..�' - roolnnc-T :11,....116•414.6Y, K 1, ..'"•-,••••'.--i-:.--..'.... t Yr'k..1 I•+�'rtPt, 1 152.°. .�4 i5' _ iambi.. ^ Ca �w-ei•1' 1 no. lajr sR i ,_-- SuferC •r�er;�a • � _ r^t . • 27 N3'-o" ta > _. v•I ' '--- —•wD Fs mss" $S_O> . a'J I V4.-• TRIC 7 I L1.l1' • fd'O TV II .o •a •w!4• /±� G=> yR c� d • fi -.43-1 `4 Iif2Q 64 F' , I A.._;9114.. . ii•f.,4ff ., . Opp N.," 'I- ,I' a 1E Val 1;1 1 I a S ISALw. ,I i • I a �I,I 1-L �V/40M 1 -11:u-u Mr s. } r. I- LINE S �1 7L L._L•i.1 4! o:W b ,, I O t 1 i$4 • 'i i 'n ! II �' 9•. i-���,? I A� >�O,L 10 0 J 111 , .,T L,4 G % ✓. ;I �•pi T • ?I9 "9 I ,,,16,/fe+ 1� ��E 1 Q , 1 F • I /♦ '. ,� !;' moi° t44:i: -9 - AI 1 �_,f VI] E>rArIJc.1 >LM1 �.. A 0 I !- al$ Rum'. bu1LDIP.G .. - le- _ gWIED .....LLLLL • _ _ 4 w..1fa 01 •I I_�. f-!c G��4 '�c 11ha ' Is, - 01 I 4N4°k DL+w y M • �, t ��‘..4_,4.,. ..--,-4,„. ,�� y,s ♦ r,:••... j"•,: I 1 > • 1 e• I 1t. .O L-?t_o'•+:s• Pa ) hbr ..* *. t *C 1 1. _ '1"- 1 4 \.4,--.iftiPE -,r` iY , a+. .w•L .....e • v9 • qpM IY4LoJ / Jp *-. °t! V YERIFYI-st`e w• c ,. a ��� 0. ,yW yyJ 1 STA'I e..so yO 4Or }_—__ tSo.o' SETWCK •rte // ^7. `L Y� Str s.„-r444:. H:.JLIEI': 222.9' '444,44 "°1.44„, al' \ , I� ti h 1 10;2_2 r�'4 .1 tt �$ bee SN i f heel PRONECTY bIc� 1Is' 1 0 -0 oxNela ro- I - • E 1,-;7e jr 14 i .ar -e.7P y bs •• _ 1 1 ° I.Ior Es PARl<i►JG PAT" ' YN - _Z::...1 as. kfzuiatp r ip,FIUTIG>.. / PeKs.•x. KF9UIRED. �✓ ,/�_'tie•'i6 M3erw.r Ck4 'Vat RON W RAM OF 2e.s G5 F OF KeT.IL-7cp F _ ' 6ir r",- iznr , to 1raaa. -- T.Irc>LL gap,wt.,.+ores 2_wR9119.s p ovp@_ Nei 111;22•u t.1.1-EI w.1a•IIhL.Y?'tD 11z _rAt.h NOTICE OF PUBLIC HEARING PLANNING COMMISSION Wednesday, August 5, 1998 m at 7:00 p.m. r Pro.osed` 6it- /r City Hall Council Chambers ,moi 690 City Center Drive Mb ..' ' Gate �e� o, I � tiai I� JW;�� MeI'd'11111 N�.65t[8t. SUBJECT: Site Plan Review Video Update Cres iew Dr. APPLICANT: KKE Architects LOCATION: Lot 1 , Block 1 , Seven-Forty One Crossing Center % -.AI NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, KKE Architects, is requesting site plan approval for a 8,249.5 sq. ft. multi-tenant retail building with the major tenant being Video Update on Lot 1 , Block 1 , Seven and Forty-One Crossing in the southwest corner of the intersection of Highways 7 and 41 . 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 Commission 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 project. The commission will then make a recommendation to the City Council. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmin at 937-1900 ext. 120. If you choose to submit written comments. it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on July 23, 1998. ARBARA PIKE JAN REED 421 ORIOLE AVENUE 2461 WEST 64TH STREET XCELSIOR, MN 55331 EXCELSIOR. MN 55331 IARJORIE/C.E. WOOSLEY JR SUPER AMERICA 4366 511 HIGHWAY 7 PO BOX 14004 XCELSIOR. MN 55331 LEXINGTON. KY 40512 ICK G BATESON 7-41 PARTNERSHIP 440 ORIOLE AVE 5500 WAYZATA BLVD., SUITE 620 XCELSIOR. MN 55331 MINNEAPOLIS, MN 55416 ODY B. MAJERES 450 ORIOLE AVE XCELSIOR. MN 55331 GNES ANDERSON 470 ORIOLE AVE XCELSIOR. MN 55331 ALE& KELLY HANCE 480 ORIOLE AVE XCELSIOR. MN 55331 ARY REED 461 WEST 64TH STREET XCELSIOR. MN 55331 DANNE &SHAWN KILLIAN 449 WEST 64TH STREET XCELSIOR. MN 55331 ANCY JO PERKINS 448 WEST 64TH STREET XCELSIOR, MN 55331 OR INC 461 WEST 64TH STREET XCELSIOR. MN 55331 C I TY 0 F DATE: August 5, 1998 C H AN U A E N DATE: August 24, 1998 ASE #: 93-6 PUD By: Generous:v iimontimmtamomommommiffixsmwmismmwmmaimitimisimimilimingimnimmaimilmo STAFF REPORT PROPOSAL: Request for subdivision approval to create two lots I- LOCATION: Outlot D. Springfield Addition, Sunnyvale Drive east of Springfield Drive V J eL APPLICANT: Lundgren Bros. Construction, Inc. 935 East Wayzata Boulevard Wayzata, Minnesota 55391 (612)473-1231 PRESENT ZONING: PUD-R ACREAGE: 0.7 acres DENSITY: 2.8 units per acre gross and net. ADJACENT ZONING AND LAND USE: N-PUD-R S -RSF, single family homes E -PUD-R Q W- PUD-R, single family home Q, WATER AND SEWER: Available to the site. hi PHYSICAL CHARACTER.: The site is open and relatively flat. It is currently being used as a rear yard for the home on the property to the west. U) 2000 LAND USE PLAN: Residential Low Density A .i. ,‘,_, ,ii„,,,,,,,,,„„* A0.1y--Lar,-,—H., v„,____ ....06 ::,,.., AZ !pi -MP 111111 . ..,_1111111111Z---- — 10 ma t. sc.:-ca„.4.. % t. -i flitlig o./ 111. r itt mrd i spa �1 7.0,,, i ta►11/j�1e a V I • �11�� i , !u.h.•odDr of..i/� , SSA �►)► lisa; I'`' ��; ry , X00."r* ?�,,'EiL~�415t= 'ria - -' r ',f �� FAQ►.41'61. �� •� -111 _ c s - ���- _= AF ;Age '•• :'•"vie..rte r. - 4S"--::7---.","'.-; / / l-- - g 7 71. Iii '•�iC4N!/\�\1yC''II__ ..... ��i71�� _ r r fA Y- IP•di Il 4111 rw _ ..7.1:::-.7":".4. � I 4,...-1..!,..i et, _ ♦ . I Y,�•'/A-11V1:1.7"- .,i •2.7 Lf,•4# .b �`:'�� isail •Flip' 4 4r; �'i- vo �O M�% A Niue„ ';- '4 �•I1.10/..:i`li �IAp � ,Ant sib I•��3111�op=gal/1 lits pw �� *� = 1 gaHILL W � ' j r 12 `a.nrn,.,. 4C. • �= s ressxv wrret e, 4.# Wilt IN get 0 ik . •,am � -iii . ar.in lik ,, •.► G► 7 MONK OCT i*•1. A i - till I.:min _„,.k. 14* Cr ..f. Blvd(C R.'a) �-_ �...,. _ W'Ti`rot.67.4P4 ill**/17-;.•-7.?C'14.:'!:ri: 1 j ; �� ,� OCA_ TION '� - LLr. I , eN , ■ :1U�`o j II 2t� � / / 4* , -- -4111001 us < -� - ill ,1 z. --. ii., _ -1— • , :.ff. •� i�i/ iml(Hwyi4 • ifi1'I _ WWI_ ..•. _ - Mall �� ill /11111kWPIP r ( / � .� .�� J L ., . itiali fill 0 tkLint.. . ?osc0 . ~3 �'�. • 111 r. OOilk, • .moi 4171111NM;t 1i1l re ,tkllkO,llPIVIP.1Mcgmi_. Ii1. °i:iPt 7. a Outlot D, Springfield August 5, 1998 Page 2 PROPOSAL/SUMMARY The applicant is requesting subdivision approval to create two lots on 0.7 acres within the Springfield development. Originally, this property was being held as part of a larger lot for one of the existing property owners. It was envisioned that at some time the property would be further subdivided. The average lot size within the entire development will be reduced from 17,814 to 17,780 square feet. However, this still exceeds the minimum average lot size of 15,000 square feet required by the PUD ordinance. The proposed lots are consistent with the original concept of the development. Staff is recommending approval of the subdivision subject to the conditions of approval. BACKGROUND On May 12, 1997, the City Council approved the final plat for Springfield Addition creating 26 lots and 10 outlots, the final reading for the rezoning of the property from A2 to PUD-R. and the PUD agreement and development contract for the project. Outlot D, Springfield Addition, was created as part of this plat. On May 20, 1996, the City Council approved a one year extension until June 1, 1997 for preliminary plat (93-6 PUD) to subdivide 80.8 acres into 135 single-family. On May 22, 1995, the City Council granted a one year time extension for the preliminary plat for the Rogers/Dolejsi property (#93-6 PUD)until June 1, 1996. On January 9, 1995, the City Council approved a six month time extension for the preliminary plat for the Rogers/Dolejsi property (#93-6 PUD). On December 13, 1993, the City Council approved the preliminary plat for the Rogers/Dolejsi property (#93-6 PUD) for 135 lots on 80.8 acres located south of Lyman Boulevard and east of Highway 101. LANDSCAPING/TREE PRESERVATION The applicant has prepared a master landscape plan for the project as well as a final plan for the first phase of the development. This plan has incorporated three trees along the street boulevard for these two lots. SURFACE WATER MANAGEMENT The City has adopted a Surface Water Management Plan(SWMP)that serves as a tool to protect,preserve and enhance water resources. The plan identifies, from a regional perspective,the storm water quantity and quality improvements necessary to allow future development to take place and minimize its impact to Outlot D, Springfield August 5, 1998 Page 3 downstream water bodies. In general,the water quantity portion of the plan uses a 100-year design storm interval for ponding and a 10-year design storm interval for storm sewer piping. The water quality portion of the plan uses William Walker, Jr.'s Pondnet model for predicting phosphorus concentrations in shallow water bodies. An ultimate conditions model has been developed at each drainage area based on the projected future land use,and therefore,different sets of improvements under full development were analyzed to determine the optimum phosphorus reduction in priority water bodies. The development will be required to be constructed in accordance with the City's Surface Water Management Plan. Storm Water Quality Fees The SWMP has established a water quality connection charge for each new subdivision based on land use. Dedication shall be equal to the cost of land and pond volume needed for treatment of the phosphorus load leaving the site. The requirement for cash in lieu of land and pond construction shall be based upon a schedule in accordance with the prescribed land use zoning. Values are calculated using market values of land in the City of Chanhassen plus a value of$2.50 to $4.00 per cubic yard for excavation of the pond. The water quality charge has been established at$800/acre for single-family residential development. This proposed development of 0.7 acres would be charged a water quality fee of$560.00. Storm Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average city-wide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels and storm water ponding areas for runoff storage. Single family residential developments will have a connection charge of$1,980 per developable acre. Water quantity fees for this plan are based on assessments of 0.7 acres at$1,980/acre or$1,386.00. SWMP Credits The applicant will be credited water quality fees where they provide NURP basins to treat runoff from this site. This will be determined upon review of the ponding and storm sewer calculations. Credits in this development are also being given for the applicants participation in paying for overseeing trunk storm sewer lines servicing this property. As a result,the applicant is receiving credits for water quality fees. These fees will be due payable to the City at time of final plat recording. The applicant will be charged SWMP fees for lots that are presented for final platting. Future phases of the development will be assessed charges when they are submitted for final platting. GRADING. DRAINAGE AND EROSION CONTROL The plans appear to conform with the comprehensive grading and drainage plans for the Springfield development. The street subgrade has already been graded in conjunction with Springfield 2nd and 3rd Additions. Only lot grading remains to be completed. Outlot D, Springfield August 5, 1998 Page 4 Site drainage also conforms with the neighborhood drainage pattern for the area. Stormwater runoff from the site will be conveyed either over land or via storm sewers to the existing regional pond on Lots 19-22, Block 5 for pretreatment prior to discharging into Lake Riley. Detailed drainage calculations for a 10-year, and 100-year, 24-hour storm event shall be required in conjunction with the final plat process. Erosion control fence Type I is proposed along the southern property line. Additional erosion control fence shall also be placed along the eastern property line. Rock construction entrances must be maintained at all access points until the street is paved. Within two weeks after site grading is completed, the site shall be re-topsoiled, seeded, and mulched in conjunction with the City's Best Management Practice Handbook. UTILITIES At this time, municipal utility service has been extended to the west line of Lot 21, Block 5, which is one lot short of the proposed subdivision. Staff understands that the utility and street improvements for Sunnyvale Drive will be extended in the near future with Lundgren's next phase(4th Addition)to service these two lots. Final plat approval shall be contingent upon street and utility improvements being extended to service this development. Utility and street improvements within this development shall be constructed in accordance with the city's latest edition of Standard Specifications and Detailed Plates. Upon completion of the utility improvements, the utilities will be turned over to the City for maintenance and ownership. The developer will be required to enter into a PUD Agreement/Development Contract with the City and provide the necessary financial security to guarantee conditions of approval. STREETS The street system is fairly straightforward. Sunnyvale Drive will be extended in conjunction with future platting of Springfield 4th Addition to connect into Springfield Drive. The preliminary plans propose a 50-foot wide right-of-way. The right-of-way needs to be 60 feet. The public street shall be constructed in general accordance with the city's Urban Street Standards (31-foot wide back-to-back with curb and gutter) within the 60-foot wide right-of-way. In addition, a 5-foot concrete sidewalk will need to be constructed along the south side of Sunnyvale Drive within the right-of-way. Detailed street construction plans and specifications will also be required for review and approval by the city council at time of final plat request. PARKS & RECREATION Full park and trail fees shall be required pursuant to city ordinance as part of this development. Outlot D, Springfield August 5, 1998 Page 5 COMPLIANCE TABLE Area(square feet) Frontage(feet) Depth(feet) Code 15,000 average, 90 100 minimum 11,000 Lot 1 16,102 90 173 Lot 2 14,998 90 172 Setbacks: Front-30 feet, rear- 30 feet, sides- 10 feet. FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the PUD, Planned Unit Development District. 2. 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 applicable plans. 3. The physical characteristics of the site, including but not limited to topography, soils,vegetation, susceptibility to erosion and siltation, susceptibility to flooding,and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development. 4. 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 is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause environmental damage subject to conditions if approved. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements,but rather will expand and provide all necessary easements. Outlot D, Springfield August 5, 1998 Page 6 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support,systems. Finding: The proposed subdivision is provided with adequate urban infrastructure. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends approval of the proposed subdivision of Outlot D, Springfield Addition, into two lots, as shown on the plans prepared by Pioneer Engineering, dated 9/14/93, revised 7/9/98, subject to the following conditions: 1. Full park and trail fees shall be required pursuant to city ordinance. 2. The applicant shall pay water quantity fees of S 1,386.00 to the City at time of final plat recording. 3. Appropriate drainage and utility easements shall be conveyed with the final plat for all utilities located outside the right-of-way. The minimum width shall be twenty (20) feet. 4. Construction plans and specifications for the extension of utility service and street improvements to this development shall be submitted to the City three weeks prior to final plat consideration for staff review and City Council approval. The developer shall construct all utility and street improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates and prepare final construction plans and specifications for City staff review and formal City Council approval in conjunction with final plat approval. 5. The developer shall be required to enter into a PUD Agreement/Development Contract with the City and provide the necessary financial security to guarantee compliance with the conditions of approval of final platting. 6. Storm sewers shall be designed and constructed to facilitate a 10-year storm event. Detailed storm sewer calculations for the development will be required in conjunction with final platting. 7. The street right-of-way throughout the subdivision shall be 60 feet wide. Outlot D, Springfield August 5, 1998 Page 7 8. All disturbed areas during site grading shall be immediately restored with seed and disc mulch or wood fiber blanket within two weeks after site grading or before October 31 each construction season accept in areas where utilities and street will be constructed yet that year. All disturbed areas resulting from construction activities shall be restored in accordance to the City's Best Management Practice Handbook for erosion and sediment control." ATTACHMENTS: 1. Development Review Application. 2. Reduced Copy of the Preliminary Plat and Preliminary Utility Pan. 3. Letter from Michael A. Pflaum dated 7/9/98. 4. Memo from Steve A. Kirchman dated 7/23/98. 5. Memo from Mark Littfin dated 7/23/98. 6. Memo from David Hempel dated 7/28/98. 7. Public Hearing Notice and Mailing List. e:'plan\bg'springfield outlot d.doc 87/81/98 12:86:12 612-937-5739-> 6124737481 M612 Page 2 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN,MN 66317 (612)937.1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: 1-crYl de rex 3/oS1, Lit S CA7�() OWNER: 571141 '9 L ADDRESS: ( 6JYZ*T� �Jd, ADDRESS: It 1,11(1 / II'1N 5c39i TELEPHONE(Day tirne) 4471 — /2 3/ TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit _ Vacation of ROW/Easements Interim Use Permit _ Variance Nonecnforming Use Permit _ Wetland Alteration Permit Planned Unit Development` _ Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review' X Escrow for Filing Fees/Attomey Cost's ($60 CUP/SPRNACNAR/WAP/Metes and Bounds,$400 Minor SUB) Subdlvtslon' TOTAL FEE$ A list of all property owners within 500 feet of the boundaries of the property must be Included with the application. Building materiel samples must be submitted with site plan reviews. •rwantpoix full size folded copies of the plans must be submitted,Including an OW X 11"reduced copy of transparency for each plan sheet. ~ Escrow will be required for other applications through the development contract NOTE•When multiple applications are processed,the appropriate fee shall be charged for each application. 87/81/98 12:86:31 612-937-5739–> 6124737481 t1612 Page 3 PROJECT NAME_ ')11 f !t.lI LOCATION .! .. I i_ L t s I V• . : I. r : Pa. LEGAL DESCRIPTION gist/of 1), 5tari144(ichi 15. 'Tore, TOTAL ACREAGE •70 Pere WETLANDS PRESENT YES X ,NO PRESENT ZONING PW) REQUESTED ZONIt•:3 PUS _ PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION — REASON FOR THIS REQUEST 514+()(r'v't.r1( 6(.4/101" Oril i-y'ifL/1 h1,4 d A Y'�rtitxr', ,. ,41t 1 C6 ` ic21/2/)arl-if This application must be completed In full and be typewritten or clearly printed and must be accompanied by all Information and plans required by applicable City Ordinance provisions. Before cling this application,you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within tan business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This ie to oertlfy that I am making application for the described action by the City end that I am responsible for complying with all Olt/requirements with regard to this request. 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 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to flake this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of thls 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. The documents and Information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 80 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 80 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant LuNOGREN J3JoS, r.Sri.uc.7toN, Mc., Y� 115'Jn, Slorjature of pllcant t Date, . 4\t c . Signature of Foe Owner I Date Application Received on 71r C Fee Paid i r Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted,a copy of the report will be mailed to the applicar)t'$address. • . - r • . \ , •,--ec,k ft: • ---.......,.."',--* .';,...- I , E.. \ • ozies_ —•• • I g -•==='.1 MI 11' iT -t / % \ -.. 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Ili . ; ,I• I-- , - --' .i .,/,..eolf.-;-----, ,, • \ ;'-' 1 ‘ ill ••i , -‘.......„--- .-,-• '. r-- \ _ \ _ -"_' -1", 0 ' f ,Si -- r. 0 • 1 i i : 3, • e -i-: , _j/ 31- It :.". . -- • !I .....-- i-__ -- ..--- *3 ; \ \ -71 _ c . I. lI 1 ' * • :.,.... -- .„- -- •.•:.-.:". :.* X-......-_, •-...,:.:-.- ----- • I El . , I • __ • -.. ______ - _.- I3 ',„,•• —. ---iv 29 I r 4 Lundgren BROS. Your Neighborhood Builder tiEe- rn! JUL 101998 GM Of CHANHASSLN July 9, 1998 Mr. Robert Generous Chanhassen Senior Planner 690 Coulter Drive Chanhassen, MN 55317 Re: Springfield PUD--Addition to Preliminary Plat Dear Bob: Lundgren Bros. Construction herewith requests consideration of the division of Outlot D, Springfield 1st Addition, into two single family lots. The land which comprises Outlot D was included in the James Dolejsi homestead when the Preliminary Plat was reviewed and approved. It since has been platted and sold Phone 612.473.1231 to Lundgren Bros. Fax 612.473.7401 935 East Wayzata Boulevard The proposed lots meet the criteria for lots in the Springfield PUD and will not Wayzata,Minnesota 55391 increase the number of lots beyond the approved total of 134. ?,d L:-'e No 000-Nr3 Attached is our application for consideration of this matter and a check for$150. Please prepare an ownership list for notification of the adjoining landowners and bill Lundgren Bros. for the expense. Pioneer Engineering is preparing the required exhibits and will be delivering them on July 10, 1998. Please notify me at once if you discover that the submission is incomplete. Very truly yours, LUNDGREN BROS. CONSTRUCTION, INC. ' Michael A. Pflaum enclosure c: Nick Polta, Pioneer Engineering 1101 CITY OF CHANHASSEN MEMORANDUM 690 City Center Drive,PO Box 1TO: Bob Generous,Senior Planner Ch,uthassen,Minnesota 5531 FROM: Steve A. Kirchman,Building Official q ,1 Phone 61?.93 .1900 General Fax 612.93_5 39 DATE: July 23, 1998 Engineering Fax 612.93'91 5? Public Safety Fax 612.93-1.2524 SUBJECT: 93-6 PUD(Springfield Addition,Lundgrens Bros.) Web wtrtr.a.i Baa 41s:ril.Alil.tfs I was asked to review the preliminary plat proposal stamped "CITY OF CHANHASSEN, RECEIVED, JUL 10 19 9 8, CHANHASSEN PLANNING DEPT." for the above referenced project. I have no comments or recommendationsconcerning this application at this time. G:lsafety\saklmemos\plan`spmgfld 1 The City of Chanhassen.A i growing community with clean labs,quality schoo/,a rimming downtown,thriving businesses,and beautiful pinks.Agreat place to lite,work,and plat: 11011 CITY OF CHANHASSEN MEMORANDUM 690 City Center Drive,PO Box 1-, Chanhasse,,,Jlr; ,esora 5-531 - - TO: Bob Generous, AICP Senior Planner Phone 611.93'1900 FROM: Mark Littfin, Fire Marshal General Fax 612.93:5-39 Engineering Fav 612.93"9152 DATE: July 23, 1998 Public S,f;'t;'Fax 612.93 i 2524 If,G u•rr,r.et claanhasseu.nnn.us SUBJ: Lundgren Brothers Request for Preliminary Plat of Outlot D (0.7 Acres,) Springfield Addition into 2 Single Family Lots on Property Zoned PUD-R,and located on Sunnyvale Drive Planning Case#93-6 I have reviewed the preliminary plat request for the project. In order to comply with the Chanhassen Fire Department/Fire Prevention Division, I have the following fire code or city ordinance/policy requirements. The site plan review is based on the available information submitted at this time. If additional plans or changes are submitted,the appropriate code or policy items will be addressed. No comments or concerns at this time. ML:cd g:\safety\mI\93.6PU D The City of Chanhassen..fou!no community with clean lakes,qualtry school,,a charming downtown,thrirng businesses,and beautiful parks.A great place to lire,work.ant I pia.; 11011 CITY OF MEMORANDUM CHANHASSENTO: Robert Generous,Senior Planner c.690 Cir'Center Drire,PO Box 14- FROM: David Hempel, Assistant City Engineer N v-.1_0;\ C1ran/ru_en,Minnesota 5531- Phone 612.93.-.1900 DATE: July 28, 1998 General Fax 612.93-.5-39 SUBJ: Preliminary Plat Request for Outlot D,Springfield Addition Fnointonlg Fax 612.9.3-9 152 Land Use Review File No. 98-18 Pill,lii SO:r Fs 612.9 4.252-r Iirl,rric,:.ci.ch,t;ibasse,l Upon review of the preliminary plans for Rogers/Dolejsi Property prepared by Pioneer Engineering dated September 23, 1993, revised July 9, 1998, I offer the following comments and recommendations: GRADING, DRAINAGE AND EROSION CONTROL The plans appear to conform with the comprehensive grading and drainage plans for the Springfield development. The street subgrade has already been graded in conjunction with Springfield 2nd and 3rd Additions. Only lot grading remains to be completed. Site drainage also conforms with the neighborhood drainage pattern for the area. Stormwater runoff from the site will be conveyed either over land or via storm sewers to the existing regional pond on Lots 19-22,Block 5 for pretreatment prior to discharging into Lake Riley. Detailed drainage calculations for a 10-year,and 100-year,24-hour storm event shall be required in conjunction with the final plat process. Erosion control fence Type I is proposed along the southern property line. Additional erosion control fence shall also be placed along the eastern property line. Rock construction entrances must be maintained at all access points until the street is paved. Within two weeks after site grading is completed,the site shall be re-topsoiled,seeded,and mulched in conjunction with the City's Best Management Practice Handbook. UTILITIES At this time,municipal utility service has been extended to the west line of Lot 21, Block 5, which is one lot short of the proposed subdivision. Staff understands that the utility and street improvements for Sunnyvale Drive will be extended in the near future with Lundgren's next phase (4th Addition)to service these two lots. Final plat approval shall be contingent upon street and utility improvements being extended to service this development. Utility and street improvements within this development shall be constructed in accordance with the city's latest edition of Standard Specifications and Detailed Plates. Upon completion of the utility improvements,the utilities will be turned over to the City for maintenance and ownership. The developer will be required to enter into a PUD Agreement/Development Contract with the City and provide the necessary financial security to guarantee conditions of approval. The City of Chanhassen..'growing community with clean gaafrly c/ogle,a churning downtown,thriving businesses,and beautfid parks.A rat place to i':c', 11'o4.and play Robert Generous Springfield Addition,Outlot D July 28, 1998 Page 2 STREETS The street system is fairly straightforward. Sunnyvale Drive will be extended in conjunction with future platting of Springfield 4th Addition to connect into Springfield Drive. The preliminary plans propose a 50-foot wide right-of-way. The right-of-way needs to be 60 foot. The public street shall be constructed in general accordance with the city's Urban Street Standards(31-foot wide back-to-back with curb and gutter)within the 60-foot wide right-of-way. In addition, a 5-foot concrete sidewalk will need to be constructed along the south side of Sunnyvale Drive within the right-of-way. Detailed street construction plans and specifications will also be required for review and approval by the city council at time of final plat request. RECOMMENDED CONDITIONS OF APPROVAL 1. Appropriate drainage and utility easements shall be conveyed with the final plat for all utilities located outside the right-of-way. The minimum width shall be twenty (20) feet. 2. Construction plans and specifications for the extension of utility service and street improvements to this development shall be submitted to the City three weeks prior to final plat consideration for staff review and City Council approval. The developer shall construct all utility and street improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates and prepare final construction plans and specifications for City staff review and formal City Council approval in conjunction with final plat approval. 3. The developer shall be required to enter into a PUD Agreement/Development Contract with the City and provide the necessary financial security to guarantee compliance with the conditions of approval of final platting. 4. Storm sewers shall be designed and constructed to facilitate a 10-year storm event. Detailed storm sewer calculations for the development will be required in conjunction with final platting. 5. The street right-of-way throughout the subdivision shall be 60 feet wide. 6. All disturbed areas during site grading shall be immediately restored with seed and disc mulch or wood fiber blanket within two weeks after site grading or before October 31 each construction season accept in areas where utilities and street will be constructed yet that year. All disturbed areas resulting from construction activities shall be restored in accordance to the City's Best Management Practice Handbook for erosion and sediment control. c: Anita Benson,City Engineer g:fig'dave'pc\springficld Duda d.doc NOTICE OF PUBLIC HEARING PLANNING COMMISSION —' Wednesday, August 5, 1998 Springfield Dr at 7:00 p.m. City Hall Council Chambers a 690 City Center Drive �4 la I Summerf Vim► t-r Etat , 1/ .+�' r1r`�Ma 114 otos -14 -posed Subdivision [ eerfoot I J Trail SUBJECT: Subdivision of Outlot D, Springfield Addition44114, Springfield APPLICANT: Lundgren Bros. vz7. LOCATION: Sunnyvale Drive I! 3 NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Lundgren Bros., is request ing preliminary plat of Outlot D (0.7 acres), Springfield Addition, into two single family lots, on property zoned PUD-R and located on Sunnyvale Drive. What Happens at the Meeting: The purpose of this public hearing is to inform you about the developer's request and to obtain input from the neighborhood about this project. During the meeting, the Commission Chair will lead the public hearing through the following steps: 1 . Staff will give an overview of the proposed project. 2. The Developer will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses project. The commission will then make a recommendation to the City Council. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project. please contact Bob at 937-1900 ext. 141. If you choose to submit written comments. it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on July 23. 1998. SUNNYSLOPE HOMEOWNERS PETER PEMRICK JAMES F.JESSUP C/O STEVE SEKELY 9251 KIOWA TRAIL 9247 LAKE RILEY BLVD 341 DEERFOOT TRAIL CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 ROBERT D REBERTUS JAMES& PATRICIA DOLEJSI DONALD W SITTER 320 DEERFOOT TRAIL 9260 KIOWA TRAIL 9249 LAKE RILEY BLVD CHANHASSEN, MN 55317 CHANHASSEN,MN 55317 CHANHASSEN, MN 55317 ROBERT EVANS TODD PORTER JENNIFER COSTABILE 331 DEERFOOT TRAIL 9261 KIOWA TRAIL 351 PARKLAND WAY CHANHASSEN, MN 55317 CHANHASSEN.MN 55317 CHANHASSEN, MN 55317 PAMELA GUYER RON FRIGSTAD ERIC RAYMOND 340 DEERFOOT TRAIL 9270 KIOWA TRAIL 355 PARKLAND WAY CHANHASSEN, MN 55317 CHANHASSEN.MN 55317 CHANHASSEN. MN 55317 STEVEN& PATRICIA SEKELY BARRY BERSHOW SPRINGFIELD HOMEOWNERS ASSN 341 DEERFOOT TRAIL 9271 KIOWA TRAIL 0/0 LUNDGREN BROS CONSTRUCTION CHANHASSEN. MN 55317 CHANHASSEN, MN 55317 WAYZATA, MN 55391 ROBERT MURRAY JAMIE HEILICHER LUNDGREN BROS CONSTRUCTION 360 DEERFOOT TRAIL 9280 KIOWA TRAIL 935 WAYZATA BLVD E CHANHASSEN, MN 55317 CHANHASSEN,MN 55317 WAYZATA, MN 55391 SCOTT WIRTH CRAIG HALVERSON 361 DEERFOOT TRAIL 9283 KIOWA TRAIL CHANHASSEN. MN 55317 CHANHASSEN. MN 55317 KEVIN SHARKEY PAUL OLSON 380 DEERFOOT TRAIL 9239 LAKE RILEY BLVD CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 RICHARD MADORE JOY A.SMITH 381 DEERFOOT TRAIL 9243 LAKE RILEY BLVD CHANHASSEN, MN 55317 CHANHASSEN,MN 55317 PAUL&GAIL TERRY LUCILLE REMUS 400 DEERFOOT TRAIL 9245 LAKE RILEY BLVD CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 11011 CITY OF CHANHASSEN MEMORANDUM 690 City Center Drive,PO Box 147 Chanhassen,Minnesota 55317 TO: Planning Commission Phone 612.937.1900 General Fax 612.937.5739 FROM: Phillip Elkin, Water Resources Coordinator Engineering Fax 612.937.9152 Public Safety Fax 612.934.25—i DATE: July 29, 1998 Web wu'tu ci.chanhassen.;nn.us SUBJ: Wetland Alteration Permit(#98-3) for Ms. Julie Sprau, 1085 Holly Lane BACKGROUND On March 27, 1995, the City Council approved the final plat for Subdivision 95-1, Ravenswood Estates. Lot 2 of Ravenswood Estates (1085 Holly Lane) included a ten foot wide strip of property that provided access to Christmas Lake. However, a lot width of ten (10) feet does not meet city standards with regards to width of property at the shoreline, or area required for dock setbacks, which is ten(10) feet from the extended lot lines. Prior to the purchase of the property, the applicant received information from the seller that a dock had existed in this location in excess of 40 years. Based on that information, staff had indicated that the dock would have non-conforming status and could continue to be used as long as it maintained its "grandfather status." If the dock had not been used for more than one year, it would lose the legal non- conforming status. At the time of subdivision review, information was presented that the previous owner lost the non-conforming rights to have a dock when he ceased to maintain a dock on the property on a yearly basis. Based on this determination,the property no longer had non-conforming rights, and a dock was denied for this lot. The City Council did,however, indicate that they were sympathetic to what occurred and encouraged the applicant, Ms. Sprau, to pursue the variance process. The subsequent variance request was also denied. The City of Chanhassen.A growing community with clean lakes,quality schools,a charming downtown,thriving businesses,and beautiful parks.A great place to live, work,and play Sprau Wetland Alteration Permit#98-3 July 29, 1998 Page 2 UPDATE Having lost the appeal, and any dock rights to her property, Ms. Sprau is now applying for a wetland alteration permit that will allow her access to her 10 feet of lakeshore. Currently a small wetland exists along the lakeshore that prevents access from Ms. Sprau's yard and the Christmas lake shoreline. The wetland proposed to be impacted, is a seasonally flooded area less than 2,000 square feet, that was most likely formed from a silt delta along the lake shore. The amount of wetland on Ms. Sprau's property is approximately a ten foot by ten foot section. In an attempt to utilize her 10 feet of lake shore property, Ms. Sprau applied to the MnDNR to fill this area to gain access. After meeting with Ceil Strauss, Area Hydrologist for the DNR, Jim Haffner from the Minnehaha Creek Watershed District, and city staff, the applicant agreed that a boardwalk over the wetland would be a preferable option. A permit for this activity is not required by the DNR,the Watershed District or the Wetland Conservation Act(WCA). However, the City of Chanhassen does include docks over or in wetlands as wetland impacts and requires a permit for such activities. An alternative to a boardwalk would be to fill the ten foot strip of wetland. This activity would result in the loss of approximately 100 square feet of wetland which is well below the 2,000 square foot di minimus exemption provided by the States Wetland Conservation Act. Even if the City were to deny a permit to fill this area, the applicant could appeal the decision to the State of Minnesota, as allowed by the WCA. RECOMMENDATION Staff recommends that the Planning Commission recommend the City Council approve Wetland Alteration Permit#98-3 to allow a boardwalk over the wetland to gain access to lakeshore. Staff believes that this would be a minimal impact to small wetland area. This recommendation is also endorsed by Ceil Strauss, MnDNR Area Hydrologist,and the Minnehaha Creek Watershed District. g:\eng\phillip\admin\plannin=sprauw ap.pc.doc Applicant: Julie Sprau & Joseph Kelly Address: 1085 Holly Lane, Chanhassen, MN 55317-9436 Written Description: We are requesting a wetland alteration permit so that we can put a boardwalk from the edge of the grass to the edge of Christmas Lake so that our family will have reasonable access to the lake. We purchased Block 1, Lot 2 of Ravenswood Estates in April 1995. The property includes a 10 foot wide, 300 foot long piece of property that provides access to Christmas Lake (see enclosed plat). As the enclosed photographs indicate, the current vegetation does not allow for reasonable access to Christmas Lake. We have two children (5 years old and 2 1/2 years old) who would enjoy fishing and swimming in Christmas Lake. We would like to put a boardwalk from the edge of the grass to the edge of Christmas Lake so that our family can reasonably access the lake for swimming and fishing. Although we could fill up to 2000 square feet of the space in question (existing wetlands) with dirt to accomplish our goal of lake access, we feel that a boardwalk would accomplish the same goal but would preserve the wetlands. If anyone reviewing this application has any questions or comments, we would appreciate an opportunity to answer such questions or address such comments. CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT:] IA I i SprA kti111 OWNER: jttil' /- SNar411 *JDA k//v ADDRESS: 1 DgS ! I r l lit {-�A,hP" / ADDRESS: ID1J i 117 'vkOti'\ \t\CkK'j0 , TF1 FPHONE (Day time) 1-1-TV 1x11 J TELEPHONE: 14.7-V G o GL7 Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of ROW/Easements Interim Use Permit Variance Non-conforming Use Permit Wetland Alteration Permit Planned Unit Development* _ Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review* X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPRNACNAR/WAP/Metes and Bounds, $400 Minor SUB) Subdivision* TOTAL FEE$ A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. `Twenty-six full size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy of transparency for each plan sheet. Escrow will be required for other applications through the development contract NDTE-When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME 1 G (4011g7 N.,- . ( n Air-Il i A I V /' LOCATION (Di) 11y 11-41-‘t P os 3t' LEGAL DESCRIPTION �c t L 1—ct , Win(IV e Ef TOTAL ACREAGE WETLANDS PRESENT )K YES NO PRESENT ZONING REQUESTED ZONING J( F ;;�� ff'' L-1-14 f PRESENT LAND USE DESIGNATION G DC 1 i; Tf� ��S; Q`�h 14 r / REQUESTED LAND USE DESIGNATION 2-O D./ r ; 7 ee_ REASON FOR THIS REQUEST tilt Id /7k; 'U 1hQi !.ek n I j Atat f 1(t„d -/-fie, , , r?LW veru^7A'Y.1 1 t11-1 • !Rr; 4.4. h 1471" j .{' ,�/'1 Vit dA r a-i j A,/ 7.-TY- 01/r. This app!cation must be completed in ll and be typewritten or clearly prin ed and must be accompanied by all information / and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. 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 have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. 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. The documents and information I have submitted are true and correct to the best of my knowledge_ The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. i?At:" A11-11-1" It- Of/al-1k if C414 /1Z/17Signature o Appli r tr / /�g 9ate VV ! ► oC i.ifiv 4/1Z Signature of Fee Owner c- Date Application Received on ITFee Paid / i Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. 1f not contacted, a copy of the report will be mailed to the applicant's address. a o a 0 0 0 0o a 0 0 Wto M cv o 0 0 0 0 0 0 0 1-I 1--1 v-1 i-I 1-1 1-I rr-i Oat W 0 w C Li ac lane Christmas 4..4%14, Henr 611744147ZNO �1 11/1111 ' m■ Lake ft7. 7"I I r. ---1 El 7 ■ =MAE . 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API i .e, t... i ., 1,:t4t)- ; e--,. f . .14' .... ..,_ •t •i•111'lit•4 ''" • .! • k 1 .- 'li' 4 V*4' ' *4'''44'' ' • 4 k . -%.. /1It s Si ,--- -.. .-- • , Vil J li. a . i ,Ire, • . r • .-- -1 t.i.i.ki.v. 4, • c.- P I 4 iljoilliplo., -• . TK:C 1 • :" 4110Itirk'''a.. L. * d. , T i -5—, 4)I 1 e I 11 Ili:. q. f 1 ..* . 4.4.• - 64' • 1 • . • 4I 1wA 11111 N ,..."7 •/....j...•4i.-. •";" ": , ••••• #1-- ... . F‘ -..." ------j NOTICE OF PUBLIC HEARING PLANNING COMMISSION 416, Wednesday, August 5, 1998 Christmas Lake a m at 7:00 p.m. \ -111.11 City Cit Hall Council Chambers , �� sedwetlan. 690 CityCenter Drive pripaysilli ma Alteration t` 1 - 11Pli iqk As 4-'411filfil PI Arlo vww. ve momillgoifr, SUBJECT: Wetland Alteration Permit "+� '4k. . Woe t � • ■ anal AM r ►�a ►ha/m/r ■ -‘JIif�11fl`a'emir I • j�`a APPLICANT: Julie Sprau �c , Q� H���w ; LOCATION: 1085 Holly Lane 04. NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Ms. Julie Sprau of 1085 Holly Lane has applied for a wetland alteration permit. This application proposes to impact approximately 100 square feet of wetland by placing a boardwalk over a wetland to access lakeshore property. The proposed impact is not regulated by the State of Minnesota's Wetland Conservation Act (WCA) or the U.S. Army Corps of Engineers, but by the City of Chanhassen's wetland ordinances. 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 Commission 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 project. The commission will then make a recommendation to the City Council. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Phillip Elkin at 937-1900 ext. 105. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on July 23, 1998. TODD D. NOVACZYK DUANE SMITH 6371 PLEASANT VIEW COVE 1125 HOLLY LANE CHANHASSEN, MN 55317 CHANHASSEN,MN 55317 TIMOTHY FOSTER MILES LORD 6370 PLEASANT VIEW COVE 1009 HOLLY LANE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 JAMES B GREEN JOSEPH N. SCHNEIDER 6380 PLEASANT VIEW COVE 19555 SILVER LAKE TRAIL CHANHASSEN, MN 55317 SHOREWOOD,MN 55331 BOB BOWEN LEE GEORGE 6275 POWERS BLVD 1160 HOLLY LANE CHANHASSEN,MN 55317 CHANHASSEN,MN 55317 LISA DRILL/GEORGE ADZICK VINCENT DONOHUE&ANN DEVITT 1155 WILLOW CREEK 6209 POWERS BLVD CHANHASSEN. MN 55317 CHANHASSEN.MN 55317 CAROLYN MCCLURE JONATHON SECREST 1145 WILLOW CREEK 1095 HOLLY LANE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 BRUCE&TRISH BIRKELAND JULIE SPRAU 1140 WILLOW CREEK 1085 HOLLY LANE CHANHASSEN, MN 55317 CHANHASSEN, MN 55317 CHUCK STRICKHOUSER 1150 WILLOW CREEK CHANHASSEN, MN 55317 JOHN HAGEDORN 630 CARVER BEACH ROAD CHANHASSEN, MN 55317 PAMELA MYERS 1115 HOLLY LANE CHANHASSEN, MN 55317 5, C I TY 0 F PC DATE: 8/5/98 CHANHASSEN CC DATE: 8/24/98 1 . CASE #: 98-2 PUD; 98-3 REZ By: Kirchoff;v STAFF REPORT PROPOSAL: 1. Request for the subdivision of a 6.6+/- acre parcel into two parcels (2.75 ac. & 3.58 ac.), one which will be developed as City Center Park and the other parcel is proposed to be utilized as multi-family residential development with up to 30 additional dwelling units. Z 2. Request for the rezoning: a. A portion to 01, Office Institutional for City Center Park (2.75 acres) b. A portion to PUD-R, Planned Unit Development, Residential, to pennit high density residential development (3.58 acres) a. a. LOCATION: South of Santa Vera Drive and West of Laredo Drive APPLICANT: City of Chanhassen Doug Hansen 690 City Center Drive 11969 Shore Drive Chanhassen, MN 55317 Spicer, MN :)62.68 PRESENT ZONING: R-12, High Density Residential ACREAGE: 6.6+/- DENSITY: 12 units per acre ADJACENT ZONING AND LAND USE: N - PUDR, Planned Unit Development, Residential (Single Family) Q S- O1, Office Institutional (City Center Park/Chanhassen Elementary) E - PUDR, Planned Unit Development, Residential (Single Family) W- R-4, Mixed Low Density Residential (Twinhomes) WATER AND SEWER: Available to the site. • PHYSICAL CHARACTER: The site is wooded in the southern portion. Sixteen multiple family units exist on the site. 2000 LAND USE PLAN: High Density Residential •iir tko. les 46,'.v. ri4 Os* of.vv-tiel,n,hi - -- ki• dip tom . 4. -fp l'i- Sit 42 AlPFItg",42is, '41., i.,.. . j• ' \4$ 4?1rJ! • 4 �� iia 4 a 6401 �• Fox ,. a , 6500 � w�me i��, North I**et, w-��� Viii ta' r. Atilmil � : Lotus TN rm.10,c; .�. �'' '‘` 1. '. �1•,\ e ��11�. , 6600 r � � i loo,�`i 1 i\I\-��r t'E„� ;=l po l Park 1 i iawad�a DKA7:4Tabiiv: y2 `, u 670( Wri ..a Carver �v i lcr tial,A Beach . A 4 . �� Park 4 1�r Am % m ' `.a s . IG it"dee,N 680( pita.,.eak ALL Et& 141111 • ' '111 40.140007- . � Lotus - !4.7.4 +' il, '� 69 0( iiiiftillit. ��, 4 , �!+ �r� ,®t4 41 0•-- 7001 ..1r0 0:11 4; i mum i iiI1 Me • ! O` 117* 0 OVA Iv 4' Ufit �� '� � �,t0 elip � 11�1�'�. ,'` ,��r WarPArrill 710C R�ilwA� A 01111- � � elf GreenAir_1111.111.11110‘ ��110' N .0 park 1 Eur PROJECT LOCATION 0,1 720c . lAvitelefs- 1 , . i � ,� ;N � \WV�P-#j&AIjake�`:M ■� �. -._ �- Q � 7300 _,� ( !13 rill:;IF: ■■■■� r :_-> OW etfow t//� .���rlk � P ' .1 7400 Z I ' '. SO 00fIt'' At.. i- .T • T '• ,`t.r�' 11�7 , 0 cep it lev, .:Avi in Oh', A wAgi "qiiik, 0 CO ri SO \ • . ill UV": LIVO • k 01 Ets45 L'il 9 ollt•L an 1 ,....,, 1111611 ertph.\\V, H ., �, ta a 0 __ ` ffs gift* —1( „ u , e,00 No+d y Val �� ,Y 2 ���ry},mi int 90• ` �1`0# u � :. V nn a = ma- 'Litt AN. �_ unr Z �• i 77t .S 7; • �. I � 1 1 1 1 1 1 1 47, ,®`i niniilif IN - ity Cen' _Alit��. Aldi d�C9�'!1I� � °*° ,Irim 0► ,, .. ;; - y- 2a al 1 „may/yIP / m tak0\�taK Dr__El- n Ve E '4414. 2 I OM Chaahassen` I. ra am _11_47_,<-- . „54(1 � r Estates City/Hansen PUD 98-2 August 5, 1998 Page 2 PROPOSAL/SUMMARY The applicant is proposing to subdivide 6.6 acres into 2 lots. One 2.75 acre parcel will be purchased by the City and utilized for City Center Park. The remaining 3.85 acre parcel will be utilized for up to 30 additional multi-family units. The property is currently zoned R-12, High Density Residential and the proposal calls for rezoning it to PUD, Planned Unit Development, Residential and OI, Office Institutional. Part of the reason for the use of a PUD is to permit the applicant to develop multi-family project. With the purchase of part of the site, the development would exceed impervious surface coverage. Both lots meet the minimum requirements of the zoning ordinance as relates to the area, width and depth. The site is located south of Santa Vera Drive and north of the Chanhassen Elementary School. Access to the parcels will be provided via Santa Vera Drive and Laredo Drive. The southern portion of the site is wooded and contains an ag-urban wetland. Since the western- most parcel will be developed as a park,tree plantings are proposed for that area. When the eastern parcel is developed, staff will require that tree stands be preserved where feasible. Staff is recommending that the concept and preliminary PUD including the subdivision, and the rezonings be approved with the appropriate conditions. BACKGROUND The City of Chanhassen is purchasing the western 2.75 acres of the 6.6 +/- acre parcel for City Center Park. This is proposed to be rezoned to OI, Office Institutional. The remaining 3.58 acres is proposed to be rezoned to PUD-R. This parcel may be development with up to 30 multi- family residential units. This is conceptual. Sixteen multi-family units currently exist on the site. In 1977, Saratoga 1St and 2nd Additions were approved. The subject parcel was platted as Outlot B. In the next year, a PUD was approved for the Santa Vera Apartments, which are located on the northwest portion of the parcel. Staff has not determined how the apartments were approved to be built on an outlot. The zoning ordinance does not permit buildings to be built on outlots. City/Hansen PUD 98-2 August 5, 1998 Page 3 REZONING Parkland The applicant is proposing to rezone the property from R-12, High Density Residential to OI, Office Institutional. The area to the north is zoned R-4, Mixed Low Density Residential, and the area to the east and west is zoned Planned Unit Development Residential and is guided for High Density Residential. The 2000 Land Use Plan shows this area designated for development as High Density Residential, 8-16 units per acre. This area is in the MUSA area. Staff is recommending approval of the rezoning to 01. As part of the update of the Comprehensive Plan, the City will amend the land use to Public/Semi-Public to make it consistent with the Comprehensive Plan. Parks are permitted uses in the High Density Residential districts. Multi-Family The applicant is requesting to rezone approximately 6.6 acres from R-12 to PUD, Planned Unit Development. There is one component to the PUD: multi-family. The following review constitutes our evaluation of the PUD request. The review criteria is taken from the intent section of the PUD Ordinance. Section 20-501. Intent Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD zoning also allows for a greater variety of uses, internal transfer of density, construction phasing,and a potential for lower development costs. In exchange for this enhanced flexibility,the City has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the other more standard zoning districts. FINDINGS It will be the applicant's responsibility to demonstrate that the City's expectations are to be realized as evaluated against the following criteria: City/Hansen PUD 98-2 August 5, 1998 Page 4 1. Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, mature trees, creeks, wetlands, lakes and scenic views. Finding. The PUD creates design standards to permit development flexibility which will preserve a stand of mature trees and provide connectivity between future residential development and future park. 2. More efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land in larger parcels. Finding. Open space will be preserved in conjunction with the development of the high density residential development. 3. High quality of design and design compatible with surrounding land uses, including both existing and planned. Site planning, landscaping and building architecture should reflect higher quality design than is found elsewhere in the community. Finding. The PUD design standards will require a higher quality development than would normally be required for R-12 properties. 4. Sensitive development in transitional areas located between different land uses and along significant corridors within the city will be encouraged. Finding. The PUD design standards will require sensitivity in development. 5. Development which is consistent with the Comprehensive Plan. Finding. The parcel is guided high density residential,which permits up to 16 units per acre. 6. Parks and open space. The creation of public open space may be required by the city. Such park and open space shall be consistent with the Comprehensive Park Plan and overall trail plan. Finding. The preservation of the trees will be required in the south portion when the site develops. The application is consistent with the Comprehensive Park Plan as the adjacent property will be developed for City Center Park. 7. Provision of housing affordable to all income groups if appropriate with the PUD. City/Hansen PUD 98-2 August 5, 1998 Page 5 Finding. The units will be market rate. 8. Energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses. Finding. The design standards will make the development more efficient. 9. Use of traffic management and design techniques to reduce the potential for traffic conflicts. Improvements to area roads and intersections may be required as appropriate. Finding. The appropriate traffic management techniques will be utilized. Summary of Rezoning to PUD Rezoning the property to PUD provides the applicant with flexibility,but allows the city to request additional improvements and the site's unique features can be better protected. The flexibility in standards allows the disturbed areas to be further removed from the unique features of the site. In return for the flexibility,the city is receiving: Development that is consistent with Comprehensive Plan Preservation of desirable site amenities: trees and wetland Sensitive development in transitional areas; and More efficient use of land GENERAL SITE PLAN/ARCHITECTURE As part of the PUD design standards the City will permit up to 30 additional multi-family residential units. A separate site plan review will be required prior to the development of any additional units. DEVELOPMENT DESIGN STANDARDS a. Intent The purpose of this zone is to create a PUD high density residential development. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. The development shall proceed through site plan review based on the development standards outlined below. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. City/Hansen PUD 98-2 August 5, 1998 Page 6 b. Permitted Uses The permitted uses in this zone should be limited to multi-family residential uses. An additional 30 units of multi-family residential may be development on the site. .1fulti-family Residential-This shall be defined as multi-storied apartments or condominium units. Prohibited uses • Townhouses • Detached Townhouses • Detached Single Family Homes c. Setbacks The development is regulated by the PUD Standards. The following setbacks shall apply: Street Frontage Minimum Setback Building/Parking Laredo Drive 50/50 Saratoga Drive 50/50 Santa Vera Drive 50/50 Interior Lot Line 15/50 The PUD standard for hard surface coverage is 65%. d. Building Materials and Design 1. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. All mechanical equipment shall be screened with material compatible to the building. 2. All materials shall be of high quality and durable. Major exterior surfaces of all walls shall be face brick, stucco with metal,wood,rock face block and stone accents. The structure shall have a pitched roof. 3. Block shall have a weathered face or be polished, fluted, or broken face. 4. All accessory structures shall be designed to be compatible with the primary structure. City/Hansen PUD 98-2 August 5, 1998 Page 7 5. All roof mounted equipment shall be screened by walls of compatible appearing material or camouflaged to blend into the building or background. Wood screen fences are prohibited. All exterior process machinery, tanks,etc.,are to be fully screened by compatible materials. 6. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design or appropriate landscaping. The building(s) shall have varied and interesting detailing. The use of a solid wall unrelieved by architectural detailing, such as change in materials, change in color, fenestrations, or other significant visual relief provided in a manner or at intervals in keeping with the size,mass, and scale of the wall and its views from public ways shall be prohibited. 7. Space for recycling shall be provided. 8. There shall be no underdeveloped sides of building. All elevations visible from the street shall receive nearly equal treatment and visual qualities. f. Site Landscaping and Screening 1. Landscaping along street frontages shall comply with Buffer yard standard B. Interior lot lines shall comply with buffer yard A, 10 feet in width. A landscape plan must be presented for approval with the site plan review process. 2. Storage of material outdoors is prohibited unless it has been approved under site plan review. g. Signage 1. Signage shall comply with the sign ordinance for residential districts. 2. All signs shall require a separate sign permit. h. Lighting 1. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 candle at the property line. Light fixtures shall not be more than 20 feet in height. This does not apply to street lighting. i. Alternative Access City/Hansen PUD 98-2 August 5, 1998 Page 8 1. Separate pedestrian access shall be provided from the site to the public sidewalk and trail system. SUBDIVISION REVIEW The applicant is proposing to subdivide a 6.6+/- acre parcel into one 2.75 acre parcel and a 3.85 acre parcel. One parcel is to be utilized as City Center Park and the other parcel is proposed to be utilized for additional multi-family residential units. WETLANDS An ag-urban wetland is present in the extreme southeast portion of the site. A 50 foot building setback shall be required from the edge of the wetland. The wetland will be required to be delineated at the time of site plan review. UTILITIES Utilities are available to the site. STREETS Access will be provided via Laredo Drive and Santa Vera Drive. PARKS AND RECREATION Park and trail fees will be required upon review of the site plan for the multi-family residential development. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission recommends to the City Council conceptual and preliminary approve PUD#98-2 and the subdivision(SUB#98-7)of Outlot B by creating two lots of 2.75 acres and 3.58 acres with the following conditions. 1. The applicant shall enter into a Planned Unit Development(PUD)agreement with the City. 2. Future development must comply with the development design standards; 3. The wetland shall be delineated at the time of site plan approval;"and City/Hansen PUD 98-2 August 5, 1998 Page 9 "The Planning Commission recommends to the City Council approve the rezoning(98-3 REZ) of 2.75 acres from R-12 to OI and rezone 3.58 acres from R-12 to PUD-R." ATTACHMENTS 1. Application 2. Survey of City Center Park g:\plan\ck\plan comm\hansen pud 98-2.doc CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612)937-1900 DEVELOPMENT REVIEW APPLICATION APPLICANT: fif"' C` �'`47 SLOWNER: 4-14' ''/�� /ice"�"���/ ADDRESS: 6'rU l�/ C��—� ADDRESS: //i 2 6/X!4/: //751.4"" <<'47 'f:5-5(' 7 ,5"/e.,C 4w./ 7Wl 71; TELEPHONE(Day time) Y' ? (Cal �'r7 1-/ TELEPHONE: 3,X7 7%& Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit _ Vacation of ROW/Easements Interim Use Permit _ Variance Non-conforming Use Permit _ Wetland Alteration Permit Planned Unit Development` _ Zoning Appeal Rezoning _ Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review' X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPRNACNAR/WAP/Metes / and Bounds,$400 Minor SUB) t/ Subdivision' TOTAL FEE$ NiPs A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. 'Twenty-six full size folded copies of the plans must be submitted, including an 81/2"X 11" reduced copy of transparency for each plan sheet. **Escrow will be required for other applications through the development contract NOTE-When multiple applications are processed,the appropriate fee shall be charged for each application.