Email from Sellergren to Siders 12-20-05
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Shawn Siders
From: Sellergren, David C. [dsellergren@fredlaw.com]
Sent: Tuesday, December 20, 2005 3:52 PM
To: Shawn Siders
Subject: RE: Liberty at Bluff Creek - Park Dedication Fees
I will be OOT from12/22 to 12/30,so my counsel will be in 2006.
-----Original Message-----
From: Shawn Siders (mailto:ssiders@townandcountryhomesmn.com]
Sent: Tuesday, December 20,20053:32 PM
To: Sellergren, David C.
Subject: Liberty at Bluff Creek - Park Dedication Fees
Dave,
As a follow up to our telephone conversation requesting additional information last week, the
following summarizes the information you had requested.
· Under current city ordinance, we would be required to provide 14.8 acres of parkland
based on Section 18-79 Parkland Dedication in the Chanhassen City Code. This amout
was based on the following calculations (444 units with 1 person occupying a bedroom
with approximately 2.5 bedrooms per unit = 1,110 persons using park space. In
accordance with the Chanhassen Code, 1 acre of parkland would be needed for use by 75
persons. 1,110/75 = 14.8 acres).
· The following amenities will be provided on site:
o Outdoor swimming pool- -$400,000
o Playground equipment - -$40,000
o Park benches, shelter, bike racks and trash cans - $-30,000
o Trails throughout development - -$40,000
o Total Recreational Amenities - $510,000
· Areas to be deeded to city and area within each that is defined as wetland area or area
with steep slopes per Chanhassen Code
o Outlot A - 26.12 acres
· Wetland area in Outlot A - 6.73 acres
. Steep slope area in Outlot A - 3.16 acres
. Pond area in Outlot A - .70 acres
. Area of Outlot A within Bluff Creek Overlay District (see note below) - 21.22
acres
o Outlot B -13.51 acres
. Wetland area in Outlot B -1.05 acres
. Pond area in Outlot B -1.44 acres
. Area of Outlot B within Bluff Creek Overlay District (see note below) - 7.32
acres
. Because this site is located within the Bluff Creek Overlay District(BCOD), I am including
1/26/2006
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the following information from Section 20-1563 Open Space Requirements from the
Chanhassen City Code. The section reads as follows:
"Open Space shall comprise 100 percent of the area located within the primary
zone. The city will establish the boundary for the primary zone using data
provided by the applicant."
I bring this to your attention in the event the city might use this provision as a reason as
to why none of the land should be counted as a credit towards our park dedication fees.
. Area outside the BCOD that does not contain steep slopes, wetlands or ponds
o Outlot A - 3.67 acres
o Outlot B - 4.09 acres
Please let me know if you have any additional questions.
Regards,
Shawn Siders
1/26/2006
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2. Rezoning
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Bernardi Concept PUD
October IS, 2002
Page 4
Even though not all of the propeJty is ready to develop at this time, staff is proposing to work
with this applicant and other property owners to pursue the AUAR environmental review
process.
Rezoning of this property to medium density or industrial would be consistent with the
comprehensive plan. If the commission were to recommend the industrial land use rather than
the medium density findings would have to be prepared.
BACKGROUND
With the development of the comprehensive plan in 1999, this property was given the two land
use alternatives: residential or industrial,oas well as parks and open space within the Bluff Creek
Corridor. The reason it was given both potential land uses was that the site has been and is
farmed and is relatively flat. In calculating the city's 2020 land use designations this 80-acre site
was calculated at 50 percent industrial and 50 percent medium density residential. (The city's
2020 land use for industrial zoning was estimated at 1,269 acres or 8.6 percent of ultimate
commercial. If this site were to be developed as all residential, there would be 40 acres less of
industrial land or a reduction from 1,229 or a percentage reduction of .03 percent to 8.3 percent.)
Based on the developer's calculations of net developable (71 acres) with a maximum of 8 units
an acre, the maximum number of units could be 568. However all of the standards of the PUD
(impervious surface, parking, etc.) must be met before it can be certain how many units can fit on
the site. Again design of the housing units will be evaluated as a part of this project..
Architectural design standards will be developed as part of the PUD. Staff's direction to the
applicant is to provide a v'ariety of housing types and prices within the development.
The subject site is a~ticipated to be in the Metropolitan Service Area in 2005. This does not
mean that the area is ready to develop. A plan must be developedoas to how the urban services
will be installed. There is an existing lift station at Lyman Boulevard that will service this area.
A feasibility study will be required to determine where the sewer and water will be placed to
serve this area and the cost of assessments. In addition, a road system will have to be developed
to serve the rest of the parcels in this area. The AUAR environmental assessment will also help
to determine development of the area to be studied and evaluated.
Once the AUAR has been developed and ~he issued scoped it will the input of the cit to work to
develop the PUD some guiding principles should be generated. These principles may include
key words such as: Sense of Place, Diversity and Balance,
Sustainability/ConservationIPreservation, Live work etc. Staff has recommended some specifics
issues as a part of the conditions of approval.
Bluff Creek Overlay District
A part of this site is in the Bluff Creek Overlay District. The tool us~d to preserve areas within
the primary district is density transfers. Again this is why the staff is recommending the PUD
zoning.