CC Staff Report 2-13-06
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
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Phone: 952.227.1160
Fax: 952.227.1170
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Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Josh Metzer, Planner I
DATE:
fr] ~I t1 .-
February 13, 2006 v~ 7
SUBJ:
Orchard Green Final Plat
Planning Case #05-42
PROPOSAL SUMMARY
The developer is requesting final plat approval to subdivide two lots with an area
of 2.02-acre parcel into four (4) single-family lots on property zoned Single
Family Residential (RSF). The applicant wishes to challenge staffs
recommendation that the developer install lateral sanitary sewer to the east
property line and pay park dedication fees for four lots rather than two. The City
Attorney has addressed this issue in the letter attached to this report.
ACTION REOillRED
City Council approval requires a majority of City Council present.
BACKGROUND
On December 6,2005, the City Council approved the preliminary plat for Orchard
Green - Planning Case 05-42 for the subdivision of two single-family lots into four
single-family lots as shown on the plans stamped "Received November 4,2005",
with conditions.
GRADING. DRAINAGE & EROSION CONTROL
The 2.02-acre site currently has two single-family homes on moderate slopes that
are sparsely wooded. The existing houses and driveways will be removed and
four new homes are proposed to be constructed.
The high point of the site is where the home on 2611 Orchard Lane lies. The
proposed grading generally maintains the existing drainage pattern.
The grading plan must be revised as follows:
a) All proposed contours must tie in to existing contours, particularly the
992',990' and 988' contours on the west side of Lot 1; and the 996',994'
and 992' contours on the east side of Lot 3.
b) Staff recommends that the low floor elevations for Lots 1 and 2 be
lowered one foot to achieve an 8-foot walkout. Staff recommends that
steps be installed in the garage on Lots 3 and 4 to achieve an 8-foot
walkout.
The City of Chanhassen · A growing community with clean lakes, Quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Orchard Green
Planning Case 05-42
February 13,2006
Page 2
c) A drainage breakpoint elevation must be shown northeast of the building pad comer on
Lot 3.
The developer proposes to have the lots custom graded. Staff does not support the custom
grading since the amount of cut is up to 7 feet in some places. When the amount of cut or fill
exceeds 2 feet, mass grading is necessary to ensure that the site is graded according to the
approved grading plan. Based on this recommendation, the developer will be required to submit
a grading and erosion control security with the final plat.
Hydrology calculations have been submitted. The proposed peak discharge rate and volume will
not significantly increase with this development.
The plan does not identify any retaining walls. Any proposed retaining wall over four feet high
requires a building permit and must be designed by a Professional Engineer registered in the
State of Minnesota.
If importing or exporting material for development of the site is necessary, the applicant will be
required to supply the City with a detailed haul route and traffic control plan.
UTILITIES
There are three existing water services and two existing sanitary sewer services to the site. The
developer must acquire a Work in Right-of-Way Permit from the Engineering Department before
commencing work in the right-of-way and shall submit a financial security to ensure that
Orchard Lane and Forest Avenue are properly restored after the services have been installed.
According to the City's Finance Department records, each parent parcel was assessed for one
sanitary sewer and watermain service. In lieu of payment of the sanitary sewer lateral
connection charge, the developer shall extend the sanitary sewer to the eastern property line of
the development. The cost to extend the sewer is the developer's responsibility. This sanitary
sewer will provide service to the Morlock property to the north, which is currently vacant, but
has been graded to accommodate the construction of a lookout or walkout home. The
owner/builder of the Morlock property will be responsible for the installation of sanitary sewer
and water services to the property when the property is developed.
The remaining developable area north of Orchard Lane is significantly lower than the street
elevation. Without bringing in a significant amount of fill, this area cannot be accessed from
Orchard Lane. Sanitary sewer to serve this area can be extended from the existing lateral at the
intersection of Orchard Lane and Oriole Lane. If fill is brought into this area and access is from
Orchard Lane, the sanitary sewer being extended with the Orchard Green development should be
deep enough to serve the area. The developer of this area would be responsible for the extension
of the lateral sanitary sewer.
Orchard Green
Planning Case 05-42
February 13,2006
Page 3
The watermain lateral connection charge must be paid for two parcels and is calculated as
follows:
$5,272.00/unit x 2 units = $10,544.00
Lateral Water
Connection Charge
The lateral connection charges can be assessed at 8% for 8 years.
The trunk water and sanitary sewer hook up charges for two lots will be collected with the first
two building permits issued for this subdivision. The 2006 trunk water hook up charge is
$4,078.00/unit and the 2006 trunk sanitary sewer hook up charge is $1,575.00/unit. The trunk
hookup charges can be assessed at 8% for 4 years.
The $1,575.00/unit SAC fee will be collected with the first two building permits issued for this
subdivision.
Permits from the appropriate regulatory agencies must be obtained, including but not limited to
the MPCA and the Watershed District.
STREETS
Orchard Lane and Forest A venue are local streets within a 60-foot wide right-of-way. The paved
width of Orchard Lane is 22 feet and 24 feet on Forest A venue. There are no street
improvements associated with this project.
COMPLIANCE WITH ORDINANCE - RSF DISTRICT
Lot Area Lot Frontage Lot Depth Setbacks
Ordinance 15,000 ft2 90' 125' 30' front/rear
10' sides
Lot 1 20,981 ft2 94' 221' 30' front/rear
10' sides
Lot 2 19,931 ft2 93' 216' 30' front/rear
10' sides
Lot 3 20,694 ft2 92' 224' 30' front/rear
10' sides
Lot 4 26,627 ft2 100' 255' 30' front/rear
10' sides
Total 88,233 ft2
Orchard Green
Planning Case 05-42
February 13, 2006
Page 4
REVIEW CONDITIONS OF APPROVAL
1. Applicant shall submit a landscaping plan showing 19 trees as replacement plantings. Plan
shall specify size, species, and locations.
*This condition still applies.
2. All areas outside of grading limits shall be protected by tree preservation fencing. Fencing
shall be installed prior to grading and excavation for homes on each lot. Any trees shown as
preserved that are removed or damaged shall be replaced at a rate of 2: 1 diameter inches.
*This condition still applies.
3. The water and sanitary hook-ups for lot 2 must be moved to the driveway in order to preserve
the 12" maple.
*This condition still applies.
4. The developer must obtain all permits necessary to remove the existing homes.
*This condition still applies.
5. The grading plan must be revised as follows:
a. All proposed contours must tie in to existing contours, particularly the 992',990' and
988' contours on the west side of Lot 1; and the 996',994' and 992' contours on the east
side of Lot 3.
b. Staff recommends that the low floor elevations for Lots 1 and 2 be lowered one foot to
achieve an 8 foot walkout. Staff recommends that steps be installed in the garage on Lots
3 and 4 to achieve an 8 foot walkout.
c. A drainage breakpoint elevation must be shown northeast of the building pad comer on
Lot 3.
*This condition still applies.
6. Hydrology calculations must be submitted and shall include pre- and post-development
volume and peak discharge rates for the 2, 10 and 100 year rainfall events.
*This condition has been met.
7. Any proposed retaining wall over four feet high requires a building permit and must be
designed by a Professional Engineer registered in the State of Minnesota.
*This condition still applies.
Orchard Green
Planning Case 05-42
February 13, 2006
Page 5
8. If importing or exporting material for development of the site is necessary, the applicant will
be required to supply the City with a detailed haul route and traffic control plan.
*This condition still applies.
9. The developer must acquire a Work in Right of Way Permit from the Engineering
Department before commencing work in the right of way and shall submit a financial
security to ensure that Orchard Lane and Forest A venue are properly restored after the
services have been installed.
*This condition still applies.
10. The developer shall pay the $29,298.00 trunk and lateral water and sewer fees in cash with
the final plat or assess them to the lots within the proposed development. The lateral
connection charges can be assessed at 8% for 8 years. The trunk hookup charges can be
assessed at 8% for 4 years.
*This condition has been revised and is addressed in conditions 17-19 of the
recommended motion below.
11. Detailed grading, drainage, tree removal and erosion control plans must be submitted with
the building permit for each lot.
*This condition still applies.
12. Permits from the appropriate regulatory agencies must be obtained, including but not limited
to the MPCA and the Watershed District.
*This condition still applies.
13. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the following table of slopes and time frames:
Time
Type of Slope (maximum time an area can remain unvegetated
when area is not activelv beinl! worked)
Steeper than 3: 1 7 Days
10:1 to3:1 14 Days
Flatter than 10:1 21 Days
These areas include constructed storm water management pond side slopes, and any exposed
soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man
made systems that discharge to a surface water.
*This condition still applies.
Orchard Green
Planning Case 05-42
February 13,2006
Page 6
14. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as-needed.
*This condition still applies.
15. The plans shall be revised to show the location(s) of the rock construction entrance(s).
*This condition still applies.
16. The plans shall be revised to expand the drainage and utility easement in a straight line from
the point where the 978 elevation intersects the east lot line of Lot 4, Block 1, to where the
978 elevation intersects the 20' sanitary sewer easement at the southern edge of Lot 4, Block
1. Standard drainage & utility easements shall be dedicated in all other locations.
*This condition still applies.
17. Based on the proposed developed area of approximately 2.02 acres, the water quality fees
associated with this project are $2,208; the water quantity fees are approximately $5,464. At
this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $7,672.
*This condition still applies but fees have been revised to reflect 2006 requirements.
18. In the absence of parkland dedication, it is recommended that Orchard Green pay full park
dedication fees at the rate in force upon final platting. At today's rate, these fees would total
$16,000 (4 lots x $4,000).
*This condition still applies but fees have been revised to reflect 2006 requirements.
19. Demolition permits must be obtained before demolishing any existing structures.
*This condition still applies.
20. Provide a clean out on the sewer service for Lot 3.
*This condition still applies.
21. Final grading plans and soil reports must be submitted to the Inspections Division before
building permits will be issued.
*This condition still applies.
Upon review of the plans dated stamped "Received January 23, 2006" and "Received January
26, 2006", prepared by Terra Engineering, staff recommends that the following conditions be
added:
Orchard Green
Planning Case 05-42
February 13,2006
Page 7
1. The site must be mass-graded. The developer must post a security for this work with the
final plat.
2. The developer shall install lateral sanitary sewer to the east property line. The cost to
complete this work is the developer's responsibility.
3. The developer shall pay the $10,544.00 lateral water connection charge with the final plat.
4. The first two building permits issued for this development will be charged the trunk sanitary
sewer and water hook up charges and the $1,625.00 SAC fee.
RECOMMENDA TION
Staff recommends that the City Council adopt the following motion:
"The Chanhassen City Council grants final plat approval of Planning Case #05-42 Orchard Green,
for 4 single-family lots as shown on the plat stamped 'Received January 23,2006' and construction
plans stamped 'Received January 26,2006', subject to the following conditions:
1. Applicant shall submit a landscaping plan showing 19 trees as replacement plantings. Plan
shall specify size, species, and locations.
2. All areas outside of grading limits shall be protected by tree preservation fencing. Fencing
shall be installed prior to grading and excavation for homes on each lot. Any trees shown as
preserved that are removed or damaged shall be replaced at a rate of 2: 1 diameter inches.
3. The water and sanitary hook-ups for lot 2 must be moved to the driveway in order to preserve
the 12" maple.
4. The developer must obtain all permits necessary to remove the existing homes.
5. The grading plan must be revised as follows:
a. All proposed contours must tie in to existing contours, particularly the 992',990' and
988' contours on the west side of Lot 1; and the 996' , 994' and 992' contours on the east
side of Lot 3.
b. Staff recommends that the low floor elevations for Lots 1 and 2 be lowered one foot to
achieve an 8 foot walkout. Staff recommends that steps be installed in the garage on Lots
3 and 4 to achieve an 8 foot walkout.
c. A drainage breakpoint elevation must be shown northeast of the building pad comer on
Lot 3.
6. Any proposed retaining wall over four feet high requires a building permit and must be
designed by a Professional Engineer registered in the State of Minnesota.
Orchard Green
Planning Case 05-42
February 13,2006
Page 8
7. If importing or exporting material for development of the site is necessary, the applicant will
be required to supply the City with a detailed haul route and traffic control plan.
8. The developer must acquire a Work in Right of Way Permit from the Engineering
Department before commencing work in the right of way and shall submit a financial
security to ensure that Orchard Lane and Forest Avenue are properly restored after the
services have been installed.
9. Detailed grading, drainage, tree removal and erosion control plans must be submitted with
the building permit for each lot.
10. Permits from the appropriate regulatory agencies must be obtained, including but not limited
to the MPCA and the Watershed District.
11. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All
exposed soil areas shall have temporary erosion protection or permanent cover year round,
according to the following table of slopes and time frames:
Time
Type of Slope (maximum time an area can remain unvegetated
when area is not actively beiru! worked)
Steeper than 3: 1 7 Days
10:1 to 3:1 14 Davs
Flatter than 10: 1 21 Davs
12. These areas include constructed storm water management pond side slopes, and any exposed
soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter
system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man
made systems that discharge to a surface water.
13. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as-needed.
14. The plans shall be revised to show the location(s) of the rock construction entrance(s).
15. Based on the proposed developed area of approximately 2.02 acres, the water quality fees
associated with this project are $3,232; the water quantity fees are approximately $5,858. At
this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $9,090.
16. In the absence of parkland dedication, it is recommended that Orchard Green pay full park
dedication fees at the rate in force upon final platting. At today's rate, these fees would total
$23,200 (4 lots x $5,800).
17. The developer shall install lateral sanitary sewer to the east property line. The cost to
complete this work is the developer's responsibility.
Orchard Green
Planning Case 05-42
February 13,2006
Page 9
18. The developer shall pay the $10,544.00 lateral water connection charge with the final plat.
19. The first two building permits issued for this development will be charged the trunk sanitary
sewer and water hook up charges and the $1,575.00 SAC fee.
20. Demolition permits must be obtained before demolishing any existing structures.
21. Provide a c1eanout on the sewer service for Lot 3.
22. The site must be mass-graded. The developer must post a security for this work with the
final plat.
23. Final grading plans and soil reports must be submitted to the Inspections Division before
building permits will be issued."
ATTACHMENTS
1. Final Plat stamped "Received January 23,2006".
2. Construction Plans stamped "Received January 26,2006".
3. Letter from Campbell Knutson to Peter Knaeble dated January 26,2006.
g:\plan\2005 planning cases\05-42 orchard green\final plat report.doc
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
Andrea McDowell Poehler
Matthew K. Brokl'
John F. Kelly
Soren M. Mattick
Henry A. Schaeffer, III
Alina Schwartz
Marguerite M. McCarron
Gina M. Brandt
.. Also Licensed in Wisconsin
1380 Corporate Center Curve
Suite 317. Eagan, MN 55121
651-452-5000
Fax 651-452-5550
www.ck-Iaw.com
CAMPBELL KNUTSON
Professional Association
***
Direct Dial: (651) 234-6215
E-mail Address:rknutson@Ck-law.com
January 26,2006
Mr. Peter Knaeble
Terra Engineering
600 I Glenwood Avenue
Minneapolis, MN 55422
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JAN 2 "l 2006
CITY OF CHANHASSEN
RE: ORCHARD GREEN SUBDIVISION
Dear Mr. Knaeble:
I am the Chanhassen City Attorney. City staff has asked me to address two concerns
that you have raised. City Code Section 18-79 requires payment of park dedication
charges based upon the number of lots in the subdivision. The Code does not have
any provision for giving credits or exempting existing developed lots. The existing
developed lots did not pay similar charges when they were created. I understand that
on other projects in Chanhassen you were given credit for the existing lots. If this
happened, it was done in error. If you think this issue should be revisited by the City
and if the City Council agrees, the matter would have to be referred to the Planning
Commission for study. I doubt very much that the study would result in any change.
Extending the sewer line to the property line is a standard practice in Chanhassen and
probably by other cities. It would make absolutely no sense to do otherwise. The
sewer on your property is part ofa City-wide system. At least from the City's
perspective, this is not a debatable issue.
Regards,
RNK:srn
Roger N. Knutson
Chanhassen City Attorney
cc:
Todd Gerhardt, City Manager ,
Todd Hoffman, Park & Recreation Director /
Paul Oehme, Public Works Director/City Engineer