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CAS-10_WALNUT GROVE 2ND ADDITIONcription Parcel 1: of the Southwest Quarter of Section 10, Township 116, Range 23, Carver linnesota, described as follows: ing at the West Quarter corner of said Section 10, thence on an assumed f South 01 degree 56 minutes 40 seconds East along the West line of hwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 ?0 seconds East, a distance of 1190.41 feet to a point on a 3452.34 foot -ve, the center of circle of said curve bearing North 79 degrees 30 79 seconds West from said point; thence Southwesterly along said curve, e of 469.80 feet, central angle 07 degrees 47 minutes 49 seconds; thence degrees 17 minutes 40 seconds West along tangent, a distance of 64.00 le actual point of beginning of the trust to be described; thence continuing degrees 17 minutes 40 seconds West, a distance of 282.12 feet; thence degrees 12 minutes 03 seconds East, a distance of 33.12 feet to a point ?reafter referred to as Point A. ; described as beginning at the point of intersection of the Northerly way line of Minnesota Trunk Highway No. 5 and a line 33.00 feet erly of, measured at right angles to and parallel with the centerline of unty Rood No. 117,• thence on an assumed bearing of North 18 degrees ?s 40 seconds East and parallel with the centerline of said Carver County 117, a distance of 725.00 feet to said Point A. am said Point A, South 65 degrees 12 minutes 03 Southeast East, a :of 268.73 feet; thence North 18 degrees 17 minutes 40 seconds East, a :)f 316.33 feet; thence North 71 degrees 42 minutes 20 seconds West, a :)f 300.00 feet to the point of beginning. cription Parcel 2: MH-Son of the Southwest Quarter of Section 10, Township 116, Range 23, Carver linnesota, described as follows: ing at the West Quarter corner of said Section 10; thence on an assumed f South 01 degree 56 minutes 40 seconds East along the West line of hwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 ?0 seconds East, a distance of 7190.41 feet; thence Southerly a distance feet along a curve not tangential with the lost described line, said curve e to the West, has a radius 3452.34 feet and a central angle of 6 degrees ss 10 seconds and the chord of said curve bears South 13 degrees 40 i5 second West to the point of beginning of the tract to be described; )ntinuing Southerly, a distance of 86.07 feet along said curve concave to having a radius of 3452.34 feet, a central angle of 07 degree 25 minutes Js; thence South 18 degrees 17 minutes 40 seconds West, tangent to said listance of 64.00 feet; thence South 71 degrees 42 minutes 20 seconds istance of 300.00 feet; thence North 18 degrees 17 minutes 40 seconds istance of 150.00 feet; thence North 71 degrees 42 minutes 20 seconds 'istance of 301.07 feet to the point of beginning. sblzx6. fo� A'd `+oi Qr n 37 VAE al -To 70. 7.. Ile. ? Z 7Hf 3 4 SE•o 70 e MH-San - Rlm=960.16 IA/A / All lT Vy/-IL_/ VV / �l/ 1�t✓ V C IFBFRR wq y `el" R wEs T edge of bit. 'DISnNC 9I7. J- 1 0�'7 qkvia I tIn P n.e TREE LEGEND AP Apple B 80"Wood E t7m M Maple 0 Oak P PIne E24 - 24' Elm -OHE- denotes overheod electric Tine �. denotes hydr t DC denotes gate mtm O denotes poro pole 0 denotes telephone box 0 40 80 120 PARCEL 1 =2.06 ACRES PARCEL 2 =1.03 ACRES TOTAL AREA = 3.09 ACRES DEV/EL OPER: KLINGELHUTZ DEVELOPMENT ATTN: TOM HEILAND 350 EAST HIGHWAY 212 CHASKA, MN 55318 PH-952-556-6021 FAX 952-448-3496 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: III BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING RIGHT-OF-WAYLINES, AND BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING LOT LINES, AS SHOWN ON THE PLAT. PROPOSED SETBACKS: FRONT = 30' SIDE _ 9' REAR = 30' PRIMARY OVERLAY ZONE = 40' EXISTING ZONING = A2 PROPOSED ZONING = RSF NOTES.- 1) Easement information from Land Title Survey by Harry S. Johnson Co., Inc. dated October 23, 2002, file No. 1-3-6202 2) Wetland delineated by Kjolhaug Environmental Services Companyy, 3) The following Variances will be required: a. Private Street b. Lot Width c. Side Yard Setback CITY OF CHANHASSEN RECEIVED PROPERTY LOCATION PROPERTY LOCATION: PART OF THE SW 114 OF SEC. 10, T. 116, R. 23 CARVER COUNTY, MINNESOTA INDEX MAP W1/4-S112SEC 10, T116,R23 FEB i 2 2004 CHANHASSEN PLANNING DEPT ( a MA✓ES77C WA Y o I � I I BRiNKLER STREET Q� J weI NOT CURVE , ATE HWY NO E1 O A's Official Copy Community Development Dept. M.LH. ADDED TEE TURN AROUND DESIGNED DRAWN M.P.C. K.D.K. CHECKED M.P.C. I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Web Site: www.ottoassoclatea.wm 9 West Division St. Bufla10,UN55313 Qus Ph:(763)6824717 nPas (763)66sJs1z EnglneeandLand3urveyonnc. ,I WALNUT GROVE SECOND ADDITION KLINGELHUTZ DEVELOPMENT CHANHASSEN,MN PRELIMINARY PLAT PROJECT NO: 2_02_05 M.LH. REVISED LOT LAYOUT HOUSES & GRADES BY DESCRIPTION Martin P. Campion DATE: REG. N0. 19901 SHEET N 0. 1 O F 5 SHEETS DATE. 08/18/C RENSIONS DESIGNED DRAWN M.P.C. K.D.K. CHECKED M.P.C. I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Martin P. Campion DATE: REG. NO. 19901 Web Slte: www.o Moaasocla tea, co m SSTOaO Ision SLToBuffao, MN55313 ATIES Ph., (763)6824727CI Fac (763)682.3322 and Land Surveyor, Inc. mnroan Rim=960.16 WALNUT GROVE SECOND ADDITION KLINGELHUTZ DEVELOPMENT CHANHASSEN, MN aroj PARCEL 1 =2.06 ACRES PARCEL 2 =1.03 ACRES TOTAL AREA = 3.09 ACRES DEVEL OPER: KLINGELHUTZ DEVELOPMENT ATTN: TOM HEILAND 350 EAST HIGHWAY 212 CHASKA, MN 55318 PH-952-555-6021 FAX 952-448-3496 NOTES: I. EXISTING UTILITY INFORMATION IS FROM THE CITY AS —BUILT PLANS. 2. SANITARY SERVICES SHALL BE 6' PVC SDR 26. 3. WATER SERVICES SHALL BE 1' COPPER UNLESS OTHERWISE NOTED. 4. ALL HYDRANT LEADS SHALL BE 6' DIP CLASS 52. 5. NEW SEWER do WATER SERVICES SHALL BE PROVIDED TO EXISTING HOUSE. PRELIMINARY UTILITY PLAN SHEET NO. 2 OF 5 SHEETS n NO: 2-02-056f 08/18/03 DESIGNED DRAWN M.P.C. K.D.K. CHECKED M.P.C. 9Y ME OR UNDER MY uKWA Jurnmv" I AM A DULY ENGINE UNDER THE LAWS REGISTERED OF THE STATESOFO MINNESOTX Martin P. Campion DATE: REG. N0. 19901 / .i3 3, j Web Site: www.ottoassociates.Com TT� 9 West DI S Buffalo, MNNSt.55 55 313 SSOCIA7ES Ph: (763)6824727 Fam (763)682J522 and Land Surveyors, Inc. MH—Jan Rim=960.16 r- A `a%Sfto 8/r SEy�. I fter R 'NEST 'G 8/T. WALNUT GROVE SECOND ADDITION KLINGELHUTZ DEVELOPMENT CHANHASSEN, MN 'A 40 80 120 PARCEL 1 =2.06 ACRES PARCEL 2 =1.03 ACRES TOTAL AREA = 3.09 ACRES DEVELOPER: KLINGELHUTZ DEVELOPMENT ATTN. TOM HEILAND 350 EAST HIGHWAY 212 CHASKA, MN 55318 PH-952-556-6021 FAX 952-448-3496 I I \ 4 28 PROJECT NO: PRELIMINARY STREET & 2_02.05 STORM PLAN DATE: SHEET NO. 3 OF 5 SHEETS 08i18A 3,y MH—Son Rim=95 '410 �� \ t+ I "IA / All l� V V/ �A110 98 F —972Y / „3-970— ` \ x 959.00 \ \1 _J � —9SB— ��\ �956— IX Steel Fence Posts shall be used to Support Snow Fence (Woven Wire may be Subsituted for Snow Fence) Silt Fence ---� 40 0 40 80 120 PARCEL 1 =2.06 ACRES PARCEL 2 =1.03 ACRES TOTAL AREA = 3.09 ACRES DEVELOPER: KLINGELHUTZ DEVELOPMENT ATTN: TOM HEILAND 350 EAST HIGHWAY 212 CHASKA, MN 55318 PH-952-556-6021 FAX 952-448-3496 HARI 1 EROSION CONTROL FENCE — TYPE 3 Hay or Straw Bales Two rebars driven through bale 1.5' to 2.0' into the ground. Bales to be recessed 6" below grade and wired to snow fence. Bales are to be tied with a Non —Degradable Material. NOTES: 1. WETLANDS DELINEATED BY KJOLHAUG ENVIRONMENTAL SERVICES COMPANY. 2. SEDIMENT BASINS SHALL BE CONSTRUCTED PRIOR TO BEGINNING ROAD CONSTRUCTION. 3. ALL WORK SHALL COMPLY WITH THE MINNESOTA POLLUTION CONTROL'S (MPCA) GENERAL STORM WATER PERMIT FOR CONSTRUCTION ACTIVITY. BY BEGINNING THIS WORK, THE CONTRACTOR ACKNOWLEDGES THE TERMS OF THIS PERMIT AND AGREES TO ABIDE BY THEM. 4. ALL WORK SHALL COMPLY WITH THE GUIDELINES SET FORTH IN THE MPCA'S PROTECTING WATER QUALITY IN URBAN AREAS: BEST MANAGEMENT PRACTICES FOR MINNESOTA, AND THE US—EPA'S STORM WATER MANAGEMENT FOR CONSTRUCTION ACTIVITIES. 5. ALL DISTURBED AREAS SHALL BE SEEDED, MULCHED, AND DISC ANCHORED WITH MN/DOT SEED MIX 50B WITHIN 48 HOURS AFTER FINAL GRADING IS COMPLETED OR WITHIN ONE WEEK AFTER ROUGH GRADING IS COMPLETED, WHICHEVER APPLIES TO PROJECT SCHEDULE. 6. THE CONTRACTOR SHALL ASSUME COMPLETE RESPONSIBILITY FOR CONTROLLING ALL SILTATION AND EROSION WITHIN AND ADJACENT TO THE PROJECT AREA. THE CONTRACTOR SHALL USE WHATEVER MEANS NECESSARY TO CONTROL EROSION AND SILTATION, INCLUDING BUT NOT LIMITED TO EROSION CONTROL FENCES, BALE CHECKS, DIKES AND ROCK CONSTRUCTION ENTRANCE. CONTROL SHALL COMMENCE WITH GRADING AND CONTINUE THROUGHOUT THE PROJECT UNTIL ACCEPTANCE OF THE WORK. 7. ANY DEPOSITING OF SILT OR MUD ON NEW OR EXISTING STORM SEWERS OR SWALES SHALL BE REMOVED AFTER EACH RAIN AND AFFECTED AREAS CLEANED. 8. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. ADDED TEE TURN AROUND DESIGNED DRAWN M.P.C. K.D.K. CHECKED M.P.C. I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA Web Site: www.ottoassoclates.com 9 West Dlvislon SL TT Suftlo,NNSM13 ssccurEs I (' 3)682.352 F�a � �zas� Engineers and Land Surveyors, Inc. WALNUT GROVE SECOND ADDITION KLINGELHUTZ DEVELOPMENT CHANHASSEN, MN PRELIMINARY GRADING PLAN2_02_�G PROJECT N0: REVISED LOT LAYOUT HOUSES do GRADES EM.LH. SHEET N 0 . 4 OF 5 SHEETS DATE. 08/18/l DESCRIPTION Martin P. Campion p I DATE: REG. NO. 19901 REVISIONS EXISTING TREE CANOPY/TREE INVENTORY SIZE SPECIES "CANOPY AREA SF SA ItE REMOVE 8" O1 X 8" MAPLE 201 X 10" MAPLE 314 X 10" MAPLE 314 X 12' OAK 452 X 8" PINE 201 X 10" PINE 314 X 10"" PINE 314 X 10 APPLE 314 X 10 APPLE 314 X 10 APPLE 314 X 10 APPLE 314 X 10 ELM 314 X 10 ELM 314 X 10 ELM 314 X 10 ELM 314 X 10 ELM 314 X 15 PINE 707 X 10 PINE 314 X 24 P1NE 1810 X 24 PINE 1810 X 8 APPLE 201 X 70 PINE 314 X 10 PINE 614 X " MAPLE 201 X 10" PILVE J14 X 10" PINF 614 X 24" MAPLE 1810 X 1 " MAPLE 1018 X 1 " MAPLE 452 X 1 " MAPLE 452 X 10" ELM X 10" ELM 314 X 10" COTTONWOOD 452 10" COTTONWOOD 452 12" COTTONWOOD 452 12" COTTONWOOD 314 12"" COTTONWOOD 314 " PINE 201 X " PINE 201 X " PINE 201 X 8" PINE 201 X SUBTOTAL: 8 717 SF 5,765 S 2, 952 SF CANOPY AREA OF SOU7H0,N WOODED POR77ON OF SITE = 38,768 SF TOTAL CANOPY AREA (W007ED AREA + INDIWDUAL TREE CANOPY) = 47,485 SF CANOPY AREA MAINTAINED = 44,533 (94%) • CANOPY AREA OF INDIWLUAL TREES WAS COMPUTED BY DETERMINING THE CIRCULAR AREA UNDER THE TREE AS DETERMINED BY ONE FOOT RADIUS FOR EACH ONE INCH OF DIAMETER. FA CB -..._.. 1... Rim-96 .78 Inv=-96 .18 CB Rim=96 72 1nr-95� 57 MH-Son / DESIGNED DRAWN I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED Es & GRADES BY ME OR UNDER MY DIRECT SUPERVISION AND TR M.P.C. K.D.K. I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. CHECKED M.P.C. Martin P. Campion DATE: REG. NO. 19901 / 33 33 "fence 10 97 0(?E10 \9e\\ k / L loPi Ole 9� 75 \ �Ma 668 l 10 O \ \ OM10 1 \ 4/ ' / \s AE10 0 \ 9.0 \9B6\9BB\ Q \ 0\� E10 \ E10 \ \ o1: �\ �_� 4 oE10 P151 ° �� I Garoge �Pf AP100 ' r V Pi 917 \ \ I P] Shed 1 Ex. House AP8 AP10 I /l P8 I I 968— �pl \ Bor gam\ x 981.31 P10 / 966B>k..9�3 p P 4 / C _71 i'° E \ \ - - - Mfg / I /90 / gibe x 968.77 Elp 8 \ Q I ll� 956. 2 4 \ / \ 8 en f Q� \ \ Ex. Bld-CIrg. 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Ph: (763)8824727 Fax: (763)682-3522 WALNUT GROVE SECOND ADDITION KLINGELHUTZ DEVELOPMENT CHANHASSEN, MN PARCEL 1 =2.06 ACRES PARCEL 2 =1.03 ACRES TOTAL AREA = 3.09 ACRES DEVEL OPER: KLINGELHUTZ DEVELOPMENT ATTN: TOM HEILAND 350 EAST HIGHWAY 212 CHASKA, MN 55318 PH-952-556-6021 FAX 952-448-3496 P TREE INVENTORY & CANOPY EXHIBIT SHEET NO. 5 OF 5 SHEETS D JECT NO: 2-02-056 N. WALNUT GROVE 2ND ADDITION KNOW ALL MEN BY THESE PRESENTS That Klingelhutz Development, Inc., a Minnesota corporation, fee owner of the "owing described property situated in County of Corvea State of Minnesota, to wit: That part of the Southwest Ouartw of Section t0, Township 116, Range 2J Corwr County, Minnesota, described as follows.' Commencing at the West Quarter comer of sold Section 10,thence on on assumed bearing of South Of degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance o1 121340 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet to a point on a 3452.34 foot radius curve, the center of circle of said curve bearing North 79 degrees 30 minutes 09 seconds West from sold point; thence Southwesterly along said curve, o distance of 469.80 feet, central angle 07 degrees 47 minutes 49 seconds; thence South 18 degrees 17 minutes 40 seconds West along tangent, a distance of 64.00 feet to the actual point of beginning of the tract to be described, thence continuing South 18 degrees 17 minutes 40 seconds West, a distance of 282.12 feet; thence South 65 degrees 12 minutes 03 seconds East, a distance of 3312 feet to a point that Is hereafter refened to as Point A. Point A is described as beginning at the point of Intersection of the Northerly right—of—way line of Minnesota Tmnk Highway No. 5 and a line 3300 feet Southeasterly of, measured at right angles to and parallel with the centerline of Carver County Road No. 117, thence on an assumed bearing of North 18 degrees 17 minutes 40 seconds East and parallel with the centerline of said Carver County Rood Na 117, a distance of 725.00 feet to said Point A. Thence from said Point A, South 65 degrees 12 minutes 03 Southeast East, a distance of 26873 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 316.33 feet; thence North 71 degrees 42 minutes 20 seconds West, o distance of 300.00 feet to the point of beginning. r That part of the Southwest Ouartar of Section 10, Township 116, Range 23, Carver County, Minnesota described as follows: Commencing at the West Quarter comer of sold Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Ouorter, a distance of 121J40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet; thence Southerly a distance of JSJ. 79 feet along a curve not tangential with the last described line, said curve Is concove to the West, has o radius J452.34 feet and a central angle of 6 degrees 22 minutes 10 seconds and the chord of sold curve bears South 13 degrees 40 minutes 55 second West to the point of beginning of the tract to be described; thence continuing Southerly, a distance of 86.01 feet along sold curve concave to the West, having a radius of J452.34 feet, a central angle of 01 degree 25 minutes 39 seconds; thence South 18 degrees 17 minutes 40 seconds West, tangent to sold curve, a distance of 64.00 feet thence South 71 degrees 42 minutes 20 seconds East, a distance of 300.00 feet thence North 18 degrees 17 minutes 40 seconds East, a distance of 150.00 feet, thence North 71 degrees 42 minutes 20 seconds West, a distance of 301.07 feet to the point of beginning. Except Parcel 216C of Minnesota Deportment of Transportation Right of Way Plat No 10-04 according to the record plot thereof. Has caused the same to be surveyed and platted as WALNUT GROVE 2ND ADD1770M and does hereby donate and dedicate to the public for public use forever the road and also dedicating the easements us shown on this plat for drainage and utility purposes only. In witness whereof said Klingethutz Development, Inc., a Minnesota corporation, has caused these presents to be signed by its proper officer this day of 20 KLINGELHUR DEVELOPMENT, INC. Thomas R. Holland, Its President �. ST47E OF MINNESOTA COUNTY OF � - omn The foregoing Instrument was acknowledged before me this _ day of 20 by Thomas R. Holland, President of Klingelhutz Development. Inc, o Minnesota corporation, on behalf of the corporation. Notary Public, County, Minnesota My Commission Expires I hereby certify that I haw surveyed and platted the property described on this plat as WALNUT GROVE 2ND ADDIRON; that the plot is a correct representation, of the surety, that all distances are correctly shown on the plat In feet and hundredths of a foot that all monuments haw been correctly placed in or will be placed in the ground as shown, in accordance to Minnesota Statutes, Section 505.02, Subd. 1; that the outside boundary lines are correctly designated on the plot and that there arc no wet lands as defined in Minnesota Statutes Section 50502, Subd. 1 or public highways to be designated other than as shown. Edward J. Otto, Land Surveyor Minnesota License Number 1434J STATE OF MINNESOTA COUNTY OF W IGHT the foregoing Instrument was acknowledged before me this _ day of _ 20 by Edward J Otto, Land Surveyor, Minnesota License No. 14343. Notary Public, Wight County, Minnesota My Commission Ewkes: COUNTY SURVEYOR, Carver County Minnesota Pursuant to Chapter 39A Minnesota Lows of 1971, this plat has been approved this day of 20. John E. Freenyer, Carver County Surveyor CHANHASSEN. MINNESOTA This plot of WALNUT GROVE 2ND ADD1770N was opproved and accepted by the City Council of the City of Chanhassen, Minnesota, at a regular meeting held this day of 20_, and is In compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. All monuments will be set as speclRed by the City Councl and as stated on this plot, according to Minnesota Statute, 505.02, Subd. 1. C17Y COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA Mayor Clark COUNTY AUDITOR, Carve County, Minnesota I hereby certify that there are no delinquent taxes for all yews prior to land described on this plat and transfer entered. Dated this day of Mark Lundgren, Carver County Auditor By COUNTY TREASURER, Carver County Minnesota I hereby certify that the taros payable for the year _ for land described on this plat as WALNUT GROVE 2ND ADDITION how been paid on this day of 20— Tom Kerber, Carver County Treasurer By COUNTY RECORDER, Carver County, Minnesota I hereby certify that this plat of WALNUT GROVE 2ND ADD1770N was filed this day Of 20 at o'clock —M, as Document No. Carl W. Hanson Jr., County Recorder for 20 . CITY OF CHANHASSEN RECEIVED MAY 18 2004 CHANHASSEN PLANNING DEPT By 1 SSOOIATES and Lend surveyors, Inc. WALNUT GROVE 2ND ADDITION n I IT IYYn L.I �� 1 I� �Ado,. do LEA • ` \ / / / / / / / /8 x; / / / / / /%L/n1C \71 \ \l y y ` �W / BOCK% s; /a 6 / IF A \, / •+ , / p y �� 4 / daraAa a1/ lm (Gq<p v Co ,0 6>rb, ,� - ' �"'"• KF Roq QIV7), lyolq a / DRAINAGEAND (RILHYEASEMENTS ARE SHOWNTHUS' I I 4�3 BEING 10 FEET/N WIDTH, UNLESS OIHFHWISElNOIfATED WIDTH U0tNiESSLESS ANDAOROTHERWISERIGHTWIYL/NES.ANOBEING 5FEETIN INOR:ATEO.ANDADIOINlNG LOT LINES, AS SHOWN ON THE PUT 3 / / / s I/ / 0 lisil l /5• ;; / JO 0 30 60 90 '4 Scala M Fnf / e / OUTLOT A LWrkf A M It's mfhafr he o Qrokage d uln't, Eaasme+f roie>r 4 \ � g a,�`` enarn Imn ,wne T"N oN , fn!f O eafefu 1/p InMW MW }a{a Mt+ Cba martaO Mu O Mat ail, Da xl .,MA on. tP, Pmee, e.aMv fna dof, ` � \\,\//. NaclMe DY the WRmrMp local W.--p mR BEARING NOTE A'Wsaf 1,— e1 Ma S Maaaf Ouartr / a, ZIP, f4 T.—No 116, Ror:pa T; cores count, ux_nafefa h —.e,I / to beer 50156',O E. \/ Epineen and Land 8umyon, Im, WALNUT GROVE 2ND ADDITION KNOW ALL MEN BY THESE PRESENTS: That Klingelhutz Development, Inc., a Minnesota corporation, fee owner of the following described property situated in County of Carver, State of Minnesota, to wit: That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 10; thence on on assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet to a point on a 3452.34 foot radius curve, the center of circle of said curve bearing North 79 degrees 30 minutes 09 seconds West from said point, thence Southwesterly along said curve, a distance of 469.80 feet, central angle 07 degrees 47 minutes 49 seconds; thence South 18 degrees 17 minutes 40 seconds West along tangent, a distance of 64.00 feet to the actual point of beginning of the tract to be described; thence continuing South 18 degrees 17 minutes 40 seconds West, a distance of 282.12 feet; thence South 65 degrees 12 minutes 03 seconds East, a distance of 33.12 feet to a point that is hereafter referred to as Point A. Point A is described as beginning at the point of intersection of the Northerly right—of—way line of Minnesota Trunk Highway No. 5 and a line 33.00 feet Southeasterly of, measured at right angles to and parallel with the centerline of Carver County Road No. 117, thence on on assumed bearing of North 18 degrees 17 minutes 40 seconds East and parallel with the centerline of said Carver County Road No. 117, a distance of 725.00 feet to said Point A. Thence from said Point A, South 65 degrees 12 minutes 03 Southeast East, a distance of 268.73 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 316.33 feet, thence North 71 degrees 42 minutes 20 seconds West, a distance of 300.00 feet to the point of beginning. AND That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet; thence Southerly a distance of 383.79 feet along a curve not tangential with the lost described line, said curve is concave to the West, has a radius 3452.34 feet and a central angle of 6 degrees 22 minutes 10 seconds and the chord of said curve bears South 13 degrees 40 minutes 55 second West to the point of beginning of the tract to be described, thence continuing Southerly, a distance of 86.01 feet along said curve concave to the West, having a radius of 3452.34 feet, a central angle of 01 degree 25 minutes 39 seconds, thence South 18 degrees 17 minutes 40 seconds West, tangent to said curve, a distance of 64.00 feet; thence South 71 degrees 42 minutes 20 seconds East, a distance of 300.00 feet, thence North 18 degrees 17 minutes 40 seconds East, a distance of 150.00 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 301.07 feet to the point of beginning. Except Parcel 216C of Minnesota Department of Transportation Right of Way Plat No 10-08, according to the record plat thereof. Has caused the same to be surveyed and platted as WALNUT GROVE 2ND ADDITION and does hereby donate and dedicate to the public for public use forever the road and also dedicating the easements as shown on this plat for drainage and utility purposes only. In witness whereof said Klingelhutz Development, Inc., a Minnesota corporation, has caused these presents to be signed by its proper officer this day of 20 KLINGELHUT7 DEVELOPMENT, INC. Thomas R. Heiland, its President STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20 by Thomas R. Heiland, President of Klingelhutz Development, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public, _— County, Minnesota My Commission Expires: I hereby certify that I have surveyed and platted the property described on this plat as WALNUT GROVE 2ND ADDITION; that the plot is a correct representation of the survey, that all distances are correctly shown on the plat in feet and hundredths of a foot; that all monuments have been correctly placed in or will be placed in the ground as shown, in accordance to Minnesota Statutes, Section 505.02, Subd. 1; that the outside boundary lines are correctly designated on the plat and that there are no wet lands as defined in Minnesota Statutes Section 505.02, Subd. 1 or public highways to be designated other than as shown. Edward J. Otto, Land Surveyor Minnesota License Number 14343 STATE OF MINNESOTA COUNTY OF WRIGHT The foregoing instrument was acknowledged before me this dory of _ 20 , by Edward J. Otto, Land Surveyor, Minnesota License No. 14343. Notary Public, Wright County, Minnesota My Commission Expires: COUNTY SURVEYOR, Carver County, Minnesota Pursuant to Chapter 395, Minnesota Laws of 1971, this plat has been approved this of _ 20 . John E. Freemyer, Carver County Surveyor CHANHASSEN, MINNESOTA day This plat of WALNUT GROVE 2ND ADDITION was approved and accepted by the City Council of the City of Chanhassen, Minnesota, at a regular meeting held this _ day of 20. and is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. All monuments will be set as specified by the City Council and as stated on this plat, according to Minnesota Statute, 505.02, Subd. 1. CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA Mayor Clerk COUNTY AUDITOR, Carver County, Minnesota I hereby certify that there are no delinquent taxes for all years prior to land described on this plat and transfer entered. Dated this day of Mark Lundgren, Carver County Auditor om COUNTY TREASURER, Carver County, Minnesota I hereby certify that the taxes payable for the year for land described on this plot as WALNUT GROVE 2ND ADDITION hove been paid on this __ day of _ 20 Tom Kerber, Carver County Treasurer 50 COUNTY RECORDER, Carver County, Minnesota I hereby certify that this plat of WALNUT GROVE 2ND ADD1770N was filled this _ day of _ 20____, at ___ o'clock _.M. as Document No. Carl W. Hanson Jr, County Recorder 0M for 20 . off dial Copy Community Development DepIL CITY OF CHANHASSEN RECEIVED MAY 18 2004 CHANHASSEN PLANNING DEPT /--'\ SSOCIATES Engineers and Land Surveyors, Inc. SHEET 1 OF 2 SHEETS J WALNUT GROVE 2ND ADDITION IVnV /` � n \l 0 '1 Su?34 FO°T C''AD/ S CURS l 179 Ro3 CBRC S�3•q� �7?'1',' 60 IIYVF� if 9 of . E DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: I i ----1----ji o L----L---- BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING RIGHT-OF-WAYLINES, AND BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING LOT LINES, AS SHOWN ON THE PLAT \ \ �• � \ 1, /�^/A;� v`` � T^ ..,, v _., t .� � �'�/ ' Q j �? D 0 O fv v<v A +�,� •� p� / /` �� • denotes iron monument found .., �'/ ,� �. r� ;?�.• /� •i % �• O denotes 112 inch x 14 inch / /�..�•. ^/[7� / /� �A /T k �• Iron pipe marked thus lJ/•�7^'lam ^^r Q(�/'\" \� ? oTia1�X1 . l J�� i> / � \ (� � '•1 / �•1 rr �� h \ N7B ! 0 orm+mu that will be set within one year after recording this plot, or % �•� sooner, as specifled by the N...approving local governing unit. BEARING NOTE.• The West line of the Southwest Quarter of Section 10, Township 116, Range 23, Caner County, Minnesota, is assumed to bear S0156'40'E. /---N SSOC►ATES Engineers and Land Surveyors, Inc. L SHEET 2 OF 2 SHEETS / Exhiffbist / / \ \ A- \ \ ti \ S)j4)O8• f Sly c ''67.i k'q/..v/ca.. afLat .a°°jngv AREA = 7782.88 S.F. Nr Nr� CITY OF CHANHASSEN _ RECEIVED MAY 1 8 2004 l /17- A UT Of 4 B\ \ \ \ lJV / L_lJ ltow �zNxk1 \ gment Deft• ° °inoN \ CHANHASSEN PLANNING DEPT Proposed Easement: A conservation easement over, under, and across that part of Lots 3 and 4, Block 1, WALNUT GROW 2ND AD01110N, Carver County, Minnesota, according to the record plat thereof described as follows: Beginning at the Southwest corner of said Lot 4; thence on an assumed bearing of South 71 degrees 47 minutes 08 seconds East along the South line of said Lot 4, a distance of 116.23 feet; thence North 43 degrees 47 minutes 36 seconds West a distance of 16.62 feet; thence North 09 degrees 47 minutes 47 seconds East, a distance of 65.15 feet; thence North 07 degrees 12 minutes 49 seconds East, a distance of 2291 feet; thence North 53 degrees 35 minutes 15 seconds West, a distance of 49.43 feet; thence South 30 degrees 03 minutes 48 seconds West, a distance of 70.42 feet; thence North 73 degrees 07 minutes 39 seconds West, a distance of 26.18 feet to the West line of said Lot 4,- thence South 18 degrees 17 minutes 40 seconds West along said West line a distance of 40.64 feet to the point of beginning. • Requested By: I hereby certify that this survey, Revised: denotes iron monument found plan, or report was prepared by me Web Site: Klingelhutz Development or under direct supervision and www.ottoassociates.com a Q denotes iron pipe Set orro-tasa3 that I am a duly Licensed Land and marked as shown: Surveyor under the laws of the oTroaoos2 State Minnesota. 9 West Division St. Date: Drawn By: Scale: Checked By: /J TTO Buffalo, UN55313 Job No. denotes soil boring 5/14/04 D.N.A. Ito or E.J.O. Paul E. Otto SSOCIATES Ph:(763)6824727 561 denotes percolation test hole 5-17,0Engineers and Land Surveyors,Inc. 2_ 02-0 Date: _License � 40062 QSTTO SOCIATES Engineers and Land Surveyors, Inc. To: City of Chahassan Attn: Bob Generous 690 Coulter Drive P.O. Box 147 Chanhassen, MN 55317 Transmittal Date: 01/26/04 Project: Walnut Grove Second Addition Location: Chanhassen, MN Project No: 2-02-0568 We are sending to you: x Attached _Separately _ By Messenger _ By Fax _ By Mail Shop Drawings _ Specifications _ Contracts _ Reports Prints _ Correspondence Number Documents Copies Number Date Description: 6 Single Family Concept 1 Single Family Concept (l 1x17) _ No exceptions taken _ For your use _ For your information _ Rejected _ For your approval x For your review _Revised and resubmitted _For your distribution _ As you requested _ Note Markings _ For your processing Remarks: Bob, If you need additional copies of the twin home concept let me know. If we are to do the single family concept, we will need a variance on the side yard setback. CC: BY: Marty Campion marry@ottoassociates.com Web Site: wtivw.ottoassociates.com 9 WEST DIVISION STREET - BUFFALO, MINN 55313 - (763) 6824727 - FAX (763) 682-3522 rNi 40 0 40 60 120 Scole 1 " = 40' PROPOSED BUILDING SETBACKS FRONT= 30' REAR= 30' SIDE= 5' • EXISTING HOUSE= 10' DES -EJ DRANK °END I I NEREW CERT6 THAT 1MS % - —EC,'..; O Dv R"a's wAS EREPMED W 1.1E OR W.FaR MY �IREC7 9VPER�1510H AND THAT I M A DVLT OCENSED PROFESSIONAL ENGINEER UNDER THE IANS OF THE WAR OF WNNESOTA w.0luc www.eticn.c<I!I<t<cm 9Wa.t OHl.lon 91. TTo YneiJse]<i]i Qonares easu - WALNUT GROVE SECOND ADDITION KLINGELHUTZ DEVELOPMENT CHANHA$$EN, MN SINGLE FAMILY CONCEPT PLAN I PRO&CT NO: 2-02-0568 VD DAM RY DESCRIPIIDN N.nF P. c�Pm�� MTE: LuE 0 199t SHEE N H DAM: 1-26-04RENSIWS / 33 33 .n—oun Rim=960.16 8& sl yF sere. R lVFST 40 0 40 Scale 1 " 80 120 = 40' PROPOSED BUILDING SETBACKS FRONT= 30' REAR= 30' SIDE= 5' ' EXISTING HOUSE= 10' DESIGNED DRAWN I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WebSite:WALNUT GROVE SECOND ADDITION PROJECT NO: WAS PREPARED BY ME OR UNDER R DIRECT SUPERVISION www.ottoasaoclates.com SINGLE FAMILY CONCEPT PLAN G O AND THAT I LA A DULY LICENSED PROFESSIONAL ENGINEER 2-02-056° UNDER THE LAWS OF THE STATE OF MINNESOTA. TTO 9 Buffalo, 5531t. KLINGELHUTZ DEVELOPMENT CHECKED Buffalo, MN 55313 N0. DATE I BY I DESCRIPTION Ph: (763)6824727 Martin P. Campion QSOCIATES Fax:(763)682.3522 CHANHASSEN MN C DATE: REVISIONS DATE: LICENSE # 19901 Engineers and Land Surveyors, Inc. SHEET N 0 . OF SHEETS 1-26-04 QSTTO SOCIATES Engineers and Land Surveyors, Inc. To: City of Chahassan Attn: Bob Generous 690 Coulter Drive P.O. Box 147 Chanhassan, MN 55317 RECEIVED FEB 0 3 2004 CITY OF CHANHASSEN Transmittal Date: 01/30/04 Project: Walnut Grove Second Addition Location: Chanhassen, MN Project No: 2-02-0468 We are sending to you: x Attached _ Separately _ By Messenger _ By Fax _ By Mail Shop Drawings _ Specifications _ Contracts _ Reports Prints _ Correspondence Number Documents Copies Number Date Description: 6 Single Family Concept 1 Single Family Concept (l lxl7) _ No exceptions taken x For your use _ For your information _ Rejected _ For your approval _ For your review _ Revised and resubmitted _ For your distribution _ As you requested _ Note Markings _ For your processing Remarks: Bob, This revision shows the actual homes that Klinglebutz would be building on the site. CC: Tom Heiland, Klingelhu[z BY: Marty Campion Dev. marty@ottoassociates.com Web Site: www.ottoassociates.com 9 WEST DIVISION STREET - BUFFALO, MINN 55313 - (763) 682-4727 - FAX (763) 682-3522 N u AO 0 40 60 120 IAiAI Alr rT Scale 1 "' = 40' AM O� iTa ss /e \ Ei Mvrw / PROPOSED BUILDING SETBACKS FRONT= 30' REARING SIDE= SEE PLAN •EXISTING HOUSE= 10' oEsiGNED DRAWN CHECMED MR c. MEREBt ARES' THAT 1Hrs P ' SiECIFlGwOx, oR REGONr WAS PREPARES RV K OR ENS ER R FESSH 91 ENG.EER AND R Tr LA N pllY ESTATE0 F MINNESOT& ENGWEER UNDER UNDER THE uws or iNE swrE or wmvEsorA. w•,E;,.: wxw.etleiYOcylef.com TT EUNeIo, MN SSJTJ eSECIArE3 vn:I/sJise:<J:r usJSJP.Ji WALNUT GROVE SECOND ADDITION KLINGELHUIZ DEVELOPMENT CHANHASSEN, MN I SINGLE FAMILY CONCEPT PLAN 02_0568 V JVO ND. DATE BY 2(SCPoPPDN Mo OAL R Ca n EN J,Rvm 1 1 SHEET NO. OF SHEETS ' 1-29-04 ;Ks QsTTO sOMATEs Engineers and Land surveyors, Inc. To: City of Chanhassen Attn: Bob Generous 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 CITY OF CHANHASSENIVED RECE FEB 1 2 2004 CHANHASSEN R A,yNING DEPT Transmittal Date: 02/11/04 Project: Walnut Grove Second Addition Location: Chanhassen, MN Project No: 2-02-0568 We are sending to you: x Attached _Separately _ By Messenger _ By Fax _ By Mail Shop Drawings _ Specifications _ Contracts _ Reports Prints Correspondence Number Documents Copies Number Date Description: 26 sets 1-5 Preliminary Plat Submittal 1 set 1-5 Preliminary Plat Submittal (8 '/2 x 11 transparency) _ No exceptions taken x For your use _ For your information Rejected _ For your approval _ For your review _ _ Revised and resubmitted _ For your distribution As you requested _ Note Markings _ For your processing Remarks: Bob; I did not resubmit the hydrology report. The one submitted earlier has not changed. CC: Tom Heiland, Klingelhutz Dev. BY: Marty Campion marty@ottoassociates.com Web Site: www.ottoassociates.com 9 WEST DIVISION STREET - BUFFALO, MINN 55313 - (763) 682-4727 - FAX (763) 682-3522 C+4-o + toss«.. + 5/201o4- gob con+cLc-led retu4)*4 c #'z50 TTO SOCIATES Engineers and Land Surveyors, Inc. To: City of Chanhassen Attn: Bob Generous 7700 Market Boulevard P.O. Box 147 Chanhassan, MN 55317 CITY OF CHANHASSEN RECEIVED MAY 18 2004 CHANHASSEN PLANNING DEPT Transmittal Date: 5/17/2004 Project: Walnut Grove 2n' Addition Location: Chanhassen Project No: 2-02-0568 We are sending to you: _ Attached _ Separately _ By Messenger _ By Fax _ By Mail Shop Drawings _ Specifications _ Contracts _ Reports Prints _ Correspondence Number Documents Copies Number Date Description: 10 Final plat— full size 3 sets Const. plans — full size — I Final plat - I lxl7 Iset Const.plans— ilxl7 — VO ert9 1 set Stonn sewer talcs +o a nS 1 set i Specifications n v 'o. Ea5 ri Exhibit- - LU _ No exceptions taken For your use _ For your information _ Rejected _ For your approval x For your review Revised and resubmitted For your distribution _ As you requested _ _ _ Note Markings _ For your processing Remarks: CC: Klingelhutz Development (I plat, 1 set cons[. plans) BY: Cara Schwalm Otto Attn: Tom Heiland 350 East Hwy 212 6'. Ser VtiA cn 2--c CIZ14- cara@ottoassociates.com P.O. Box 89 Exh: b:+ Chaska, MN 55318 Web Site: www.ottoassociates.com v wr.�,l DIVIJION NIXEET - BUFFALO, MINN 55313 - (763) 6824727 - FAX (763) 682-3522 CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: KI I NQ"e1 VwAL ADDRESS: _ �� O E o� / l2?N 13 5531 e 7' p TELEPHONE (Day Time) b o'— J— 3 3 30 OWNER: t-19ed t�QV ADDRESS:b 0, 4s k^ TELEPHONE: ily- 33 36 Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/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/Attomey Cost" - $50 CUP/SPR/VACNAR/WAP/Metes & Bounds - $400 Minor SUB Subdivision' TOTAL FEE $ Mailing labels of all property owners within at least 500 feet of the boundaries of the property must be included with the application -OR- the City can provide this list (Carver County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels, check this box ❑ Building material samples must be submitted with site plan reviews. 'Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8'/2" X 11" reduced copy 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. PROJECT NAME: LOCATION: itJ�.l N �� lap -cake 3 `� LEGAL DESCRIPTION: TOTAL ACREAGE: WETLANDS PRESENT: PRESENT ZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: YES NO REQUESTED LAND USE DESIGNATION: REASON FOR 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 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 if development review cannot be completed within 60 days due to public hearing requirements and agency review, 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. iL s,(,7 AZ �-5-/,z Z/ /V e/ — Sig ture of Ipplicy Date 4-.- zj d� o Si ature of e r Date CID oil. Application Received on z� 0 Fee Paid Receipt No. �V 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. G:\plan\forms\Development Review Application.DOC CITY OF CHANHASSEN 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: KLINGELHUTZ DEVELOPMENT Date: 05/26/2004 Time: 2:50pm Receipt Number: DW / 5076 Clerk: DANIELLE FINAL PLAT FEE PROJECT 04-10 WALNUT GROVE 2ND ITEM REFERENCE AMOUNT ------------------------------------------- DEVAP FINAL PLAT FEE PROJECT 04-10 USE & VARIANCE 250.00 --------------- Total: 250.00 Check 6367 250.00 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! DEKLOPEF xumxirs m¢mnxr vw pOp( LYYISAIKTON ENMMCE I OTA mi=jrc —=�� WALNUT GROVE SECOND ADDITION �.° WNOELIM20EVELOPMEM PRELIMINARY GRADING FLAN P-02-0668 °'`' W CHANHASSEN. MN SHEEP N0. < OF 6 SHEETS nel+e�TMi l� We / 'hhgg/R. �+ � WALNUT GROVE SECOND ADDITION .. �. •. -�-� �7T04'w'ii� SLRtiELHUT2 OF.ELO W TREE RlVENTORY SCANOPYE1595R 2-02-OWS CHANHq$$EN, MN SHEET N0. 5 OF 5 SHEETS aenaw wwt.r MwP4r DaY..x Nr...w M l+I we.lY-x W n. tmv .re ..I Mt Y� Yw✓rb 4 xll s� s.e. w d tix D M.I...r re W MM+r.rr e..lwr wwu x .'I�. n rxr P �Y w.t . axnx IMN.4 MI-Y-q�/I � or lY�.lw l s M Dd MYN � bPr�a v�N�xewIMIMlP4� M lw ll).. /YSNI.DdM ..x twxrYn..l Yl [.�M6 �l J.Pe.nn Yw u� It.M+d Jwl+l M14 amx wJwW MwrW Me./..II p .IUr�N WI.t n w.. Yxx.M w n tf.l naw �� w.v aaw M n..r r w �M r mrt i� .vewm.[w R.O N-r~.ww/M�u uA.wwF (N • fNs w Ila.l MI YEN rN.b. wis man.wlYWli.R d�nRb t�iV Mnt..nM wF MII /n... W w.WwxuMYd n. pl aN/NOIWy.l rv. l+e N N L+pa ..nIMi1 pwd . aIM NMn M.\rt ..V w ara.. N xuveM�U xA..I M.-Ipt .I.wp�/.N MI^INW T .Iry.. tt M.IxA®M. Is M�T.MUI. DMna ml... N x0.w M wq. Npx T wln. Y MUM A www x.4 � hNrr. M.wl.d A.I N p. tMl.l Mlwa/ DI... aw. 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Ilbt bm o raAv 3452J4 leer and . o.lbd avb a e MW 22 m4x,ew /P wamm aw ,4 mod of m aa,. b.a. sa, IJ dq 40 na.rw ss wand Rn.t to the Pont a bWt"#y of tM boa to a d..vCaq Ola+e. mnaxrhg Sabl.lx a Maws of Sam feet .bg m v.w o.xvw to ,. ftK Aa,h2 a ro of J4 N wt a mbm olym a OF d15 2J ar.tew JP won ,.Ia saa, To days Iy mhaw 40 emal rt Its" t to m a.,. a aerora a "M 4wt tl. sat, 71 of a 42 mhube W wmrd Eat a og t a 3pR00 h t tAena Mo, 18 cl s IT mhaw 10 Nxvlb Eat a Arcane a 15aW flat ,.Ia Mo, T dey.w u mhutw 20 wavrdl Net a Mara a JOIOT 4.ef to its poht a boo- a -- Aw..qn w-rnyn OUT�OTA \ PARCEL I _24S AffSS PA 2 -1. ALAS TOTAL AREA - aW AORS A/7 I,' iil q/44u-WTZ QEIELOPEIXT Ault RV EEXAAV JW EAST Iid111NY 212 PN-a5z� FAX 952-44&-34M I I F 8--1 0 II BENG 10 N MViM U(ES OI/ERMEE TEO. AI�O Ap.CVM'l'RMi/T6AY�YLI6 NO BFIA'SiEETN N1p11( INESS OIIF/MI�NGra lHl. NOA0.MWX'LOT ups Assrox++a+>r�nwT / SE7BAM EACMT _ .TtY _ 1d TRLXf ELV tTt.FFFR _ ,e 2VAW40 _ AT RKIN3D Z41IIC - R4 i,7n, Ar WFESt I) Eoarrr+t hft a limn Lmd TN. s.,.y by Nary S .t .. C., fac doted I .br 2j 2002, flo Na 1-J-152a2 2) WOvld dyisoted by K)r/raty Ery a tof sor,(w caapm), xjN11W EIr '1. i5"- _ �. x1Am r4a Mo =L r Z �- r.wrrr US F.-A. PROPERTY LOG TIM PART OF 7W SW 114 OF SEC. 14 T. 114 R 2J CARWR COEWTY /MKSOTA #"x MAP IT 114-S I/2SC 14 T114 R2J k aiXui# w oar sA�TLioN"Yo"9iw �+'� I LLP.0 ,L.L,x , n A qav teasTmEn tA,rXEsnuYt, WALNUT GROVE SECOND ADDITION z-oz-o5sa U�ETI TIE we s TtE soaE v r..sorA T ... PRELIMINARY PLAT a� 1� 1��x KLINGELHUTZ DEVELOPMENT rr.. mn YPC ; e P t'"_"' ts.ln,twtn wCHANHASSEN, MN SHEET N0. OF 5 SH_E_ETS. 0811eros I 2 l / a' � �/- ' u•ti Fie / � L OUTLOT A / ® _J 5 wa A /, ,T rrnt-/v(V/ .� D b 9D ,m P� 2 -f W � M7AL AREA - .zas ACRES DEVELOPER: Al RY /fLMD 530 FAST /MANY 02 omwA. w 55me R 952-556'-6 FAX A52-II8-S196 o �?L At7VY zxro � 4 r t. PRiV ^ c A� RpgD r',4� ' ' t I I / I / I mar-.;r a TAW COMM-TE OAR mo aLm '"'"" �v.c u.ax W d�r'd(so%w"Y'Yiw , Ar A qir ,ms,[lm FJYEFA •,• ���- WALNUT GROVE SECOND ADDITION PRELIMINARY STREET & a� I4i"fE'"&e"Soik uuvx nc w aF nc mae s rwoc� TT Q """�' I STORM PLAN 2-02- rov.c ���g+n; a� KLINGELHUTZ DEVELOPMENT CHANHASSEN MN SHEET NO. 3 OF S SHEETS 08/18/03 P. °ia" MLM ,�„ �...,.�� . A 40 ,,yypp�� 0 00gg ��pp�SS5/0 w 120 /PMCEL 2 -f 0T W ,p MrAI NSA - 209 ACRES DEVELOPER: /aINm/OTz DETELOPNwr RH l 1 4 Art l NEEAD 350 EAST HRINHY 272 1 //A / A it FAX G31-MB-31% HRID A� \ cw \ 00 1 Jam/ A i / A� 7 I / / ROCK CaNSTRLICTIM ENTRANCE F.� m SW F. EROSION CONTROL FENCE - TYPE 3 V- / /''Au \ / Nw 1. WE AIDS DELINEATED BY KJOUTAUG ENVIRONMENTAL SENM(f5 COMPANY. \ \ \ NA 2SEDIMENT TIOSHALL9RABE CONSTRUCTED PRIOR TO BEGINNING ROAD CONSTRUCTION. S ALL WORK SHALL COMPLY WITH THE MINESOTA POLLUTION CONTRCLS (MPCA) GENERAL STORY WATER PERMIT FOR CONSTRICTION ACTVITY. BY / / / ^ \ \\ ` x n 1 I lss`' �• r M TBEGINNING IM HIS PERMIT ND =(. THE ABIOS BY T411Ag NOWEDGES I E TERMS OF AGR• 1 w P '�sp.� 4. ALL WOW SHALL PROTECTING WAT R QU LAITY N URBAN �S SET FORTH IN THE MPCAS BEST MANAGEMENT PRACTICES �A,F RO �'Wlp FOR INESOTA, AND THE US-EPA'S STYN WATER MANAGDA14T FOR CONSTRUCTION I \ �\ \ 1 xreu .zA. rNe S ALLLL DISSTURBEDAAREAS SHALL BE SEMET. MULCHED. AND DISC ANCHORED \fI ® / \ I (Jl (TLOY.4 \ \ \ WIN MN/OOT s MD( 50B WITH 48 HODS AFTER FINAL WADING IS COMPLETED ;"—,7 nit WHICHEVER APPLIES ro PPRROE�CT s�GmULLEE UGH RxrADNc s COMPLETED \ \ > \ / 8. THE CONTRACTOR SHALL ASSUME COMPLETE RESPOSIEK T FOR CONTROLLING \ \ \ `� sF ALL SLTA71 N AND EROSION t(M1W AND ADJACENT TO THE PROJECT AREA THE CONTRACTOR SHALL USE WHATEVER MEANS NECESSARY TO CONTROL EROSION AND SILTATION, INCLUDING BUT NOT LIMITED TO EROSION CONTROL ` \ FENCES. BALE CHECKS DBMS AID ROCK CONSTRUCIDN ENTRANCE CONTROL / ,/ SHALL COMMENCE WITH OtMNG AND CONTINUE TWWO7d1T THE PROJECT Aop / / \ \\\ t\ \\ \ \ \ \ \\ T. ANY DEPOSIUNTIL TING OF ANCE OF OR MTHE ELD ON NEW OR EJOSTNG STORY SEWRS OR `_'�"- \ O���U�AFFLDAREAS CLEANED. B. THE LOCATIONS FUNDERGROUND T SHOW AN A CATION IE WAY )ONLYMI THE CONTRACTOR SHALL NC04G DETERMINE THE EXACT //`\ • \ \\ \ _ tiR- TO FULLY OF ALL ONSRIC FOR BEFORE DAMAGES WORK I H AGREES BE ro OCCASIONED HOLY R£SPO1 AILU FOR ANY AND ALL TE AND RESE MICR BE ANDLLUN a DERGROUND UTILITIES. IXAcnY LOCATE AND PRESERVE ANY DONNEDWA« UNDER w D� No r WALNUT GROVE SECOND ADDITION YP.c ICDx i w A our H1EB6IID® HYtliE�IML DNOFmN 2-02-0568 uoEx TN LA.s Ns THE sDBE a HNMFSOFA �� PRELIMINARY GRADING PLAN Y°® TTO KLINGELHUTZ DEVELOPMENT rrrmu o e " �'0M" Nr Nn ,rm e,�.,�,..o.,...`6'"*"'m CHANHASSEN, MN SHEET N0. 4 OF 5 SHEETS oaneros GIRCPY AREA OF SOViFEAF WMED PIXib/ � 91E JmmSF W7AL OAA AREA (Wa)W .YEA + Id1pML TREE NOi0 - T fA47,485 SF CAWYY AREA Y AIED - KSA (9tV • GAXO^Y AREA CF M At TREES ms cakvv D BY DGERINANG IW AREA OVER RE 7REF AS OE/ERIl BY ME FOOT RAaW FOR EAaI ONE FlCA1 a O6YElER. OV OPCLlAR / 1 /o lQ r / A ` r 1 A,A / A/F /T rrnc_/ rL, / IA rai�n� hsi► `�8se Ao 0 a &D ,m PAR III 2 -1.M ATJdS 1OTAL AREA - SOB ACRES IIJ'ATI-M'%Li ATM R HMAAV " FAST //a AY 212 aug" W s a F-sss-sozr FAX 951-+46-.TI96 I AW A ` I I WALNUT GROVE SECOND ADDITION YP � 1CDJC � F` A °" �� �` BOR3R TREE INVENTORY &CANOPY EXHIBIT 2-02-0568 UDR liE LAR Cf TIE SOOE Of INEIOBL KLINGELHUTZ DEVELOPMENT rrrmu P. °�'� ,.,, F� �"'> art@ CHANHASSEN, MN SHEET N0. s OF_ s SHEETS oa Faros QSTTO SOC►ATES Engineers and Land Surveyors, Inc. To: City of Chahassan Attn: Bob Generous 690 Coulter Drive P.O. Box 147 Chanhassan, MN 55317 Transmittal Date: 10/28/03 Project: Walnut Grove Second Addition Location: Chanhassen, MN Project No: 2-02-0568 We are sending to you: x Attached _ Separately _ By Messenger By Fax _ By Mail Shop Drawings _ Specifications _ Contracts Reports Prints _ Correspondence Number Documents Copies Number Date Description: -1-6sets 1-5 Preliminary Plat Submittal (revised) 1 set 1-5 Preliminary Plat Submittal (revised) 1lx17 _ No exceptions taken x For your use For your information Rejected _ For your approval _ _ For your review _ _ Revised and resubmitted _ For your distribution _ As you requested _ Note Markings _ For your processing Remarks: CC: Tom Heiland, Klingelhutz Dev. 1 set BY: Marty Campion many@ottoassociates.com Web Site: Aww.ottoassociates.com V wtM UIV151UN S1KLEf - BUFFALO, MINN 55313 - (763) 682-4727 - FAX (763) 682-3522 Legal Description Parcel 1: That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet, thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet to a point on a 3452.34 foot radius curve, the center of circle of said curve bearing North 79 degrees 30 minutes 09 seconds West from said point; thence Southwesterly along said curve, a distance of 469.80 feet, central angle 07 degrees 47 minutes 49 seconds; thence South 18 degrees 17 minutes 40 seconds West along tangent, a distance of 64.00 feet to the actual point of beginning of the tract to be described; thence continuing South 18 degrees 17 minutes 40 seconds West, a distance of 282.12 feet; thence South 65 degrees 12 minutes 03 seconds East, a distance of 33.12 feet to a point that is hereafter referred to as Point A. Point A is described as beginning at the point of intersection of the Northerly right-of-way line of Minnesota Trunk Highway No. 5 and a line 33.00 feet Southeasterly of, measured at right angles to and parallel with the centerline of Carver County Road No. 117; thence on on assumed bearing of North 18 degrees 17 minutes 40 seconds East and parallel with the centerline of said Carver County Road No. 117, a distance of 725.00 feet to said Point A. Thence from said Point A, South 65 degrees 12 minutes 03 Southeast East, a distance of 268.73 feet, thence North 18 degrees 17 minutes 40 seconds East, a distance of 316.33 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 300.00 feet to the point of beginning. Legal Description Parcel 2.- That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet; thence Southerly a distance of 383.79 feet along a curve not tangential with the last described line, said curve is concave to the West, has a radius 3452.34 feet and a central angle of 6 degrees 22 minutes 10 seconds and the chord of said curve bears South 13 degrees 40 minutes 55 second West to the point of beginning of the tract to be described; thence continuing Southerly, a distance of 86.01 feet along said curve concave to the West, having c radius of 3452.34 feet, a central angle of 01 degree 25 minutes 39 seconds; thence South 18 degrees 17 minutes 40 seconds West, tangent to said curve, a distance of 64.00 feet, thence South 71 degrees 42 minutes 20 seconds East, a distance of 300.00 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 150.00 feet, thence North 71 degrees 42 minutes 20 seconds West, a distance of 301.07 feet to the point of beginning. TOWNI-IOME DETAILS II CB -..._.. / ... Rim=96 78 lnv-96 .18 CB — Rim=96,172 Inv=959. 67 MH—Son l DESIGNED DRAWN I HEREBY ERTIFY THAT THIS PLAN WAS PREPARED BY ME ORCUNDER MY DIRECT SUPERVISION AND THAT M.P.C. K.D.K. I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. CHECKED M.P.C. Martin P. Campion DATE: REG. NO. 19901 A0, V& 40 ,�A O kE$T rj4wFR Sr b�NE C' >HE sKy O ),o OF CC la � 3,I +' 8t ro\ .—fence I lA7A / A x j vv7-IL_I v U f x� xK /x� 3.3t \3pr0 l r Garage \ ad SIF Ex. House x981.31 / \ fence�--- ---- 3t / SO 1. IZ40 SF •0 � 2 0 / 1 /\ ly �a-ev,,1j' J a` P.,V s o � / .7� / to a Sol ,� ✓ y x sss. s / ro I 11.7I pRIM1PV,Y ZY X,Uff �J 1 40 RCA aO r aso 5 W.Inv=948.08 \ s f L Elnv=946.79 x 95 78 6 Utility Easement \ 6 et�woi4 .�. OUTLOTA\�@ /l81` 1 C 1\ 37,196 SF \°�•° L CB Rim 91 CH U ~ J G / 1 •qc� ��Y za+E R1m 6,3.155.. � In .15 ^•� JJ \\ Drainage & '10,j.,F2 8 t Utility Easement F26 ' NaR ac�N��r �GNx ky`s� Web Site: www.ottoassociates.com 9 West Division St. TT® 8ullafo, MN 55313 SSOCIATES Ph: (763)682.4727 Fax: (763)682.3522 Engineers and Land Surveyors, Inc. X IZ87J SF C fence 4.21- \_...i' � .o line III \ \ ,yY / o' e Wf line I ,a / 'a j 0 \ x 968.95 X 970.11 x 968.77 16 l7/1L/VL_ Ex. Bldg. edge of bit, s ng °vLC S4, SF TF RojD 94tte, ..._edge of bit. Ex. :81dg. TRFF /FnFNb AP Apple 8osswaod E Elm M Maple 0 Oak P Pine EXAMPLE E24 — 24' Elm —OHE— denotes overhead electric line -& denotes hydrant D7 denotes gate valve O denotes power pole LLJ denotes telephone box WALNUT GROVE SECOND ADDITION KLINGELHUTZ DEVELOPMENT CHANHASSEN, MN PROFE LOCH Ti PARCEL 1 =2.06 ACRES PARCEL 2 =1.03 ACRES TOTAL AREA = 3.09 ACRES DEVEL OPER.• KLINGELHUTZ DEVELOPMENT ATTN: TOM HEILAND 350 EAST HIGHWAY 212 CHASKA, MN 55318 PH-952-556-6021 FAX 952-448-3496 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: I I �-®-5 I I o {o BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING RIGHT-OF-WAY L INES, AND BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING LOT LINES, AS SHOWN ON THE PLAT. SETBACKS: FRONT = 30' SIDE = 10' REAR = 30' FROM CUP BUFFER = 40' EXISTING ZONING = A2 PROPOSED ZONING = R4 NOTES: 1) Easement information from Land Title Survey by Harry S. Johnson Co., Inc. dated October 23, 2002, file No. 1-3-6202 2) Wetland delineated by Kjolhaug Environmental Services Company. PROPERTY LOCATION: PART OF THE SW 114 OF SEC. 10, T. 116, R. 23 CARVER COUNTY, MINNESOTA INDEX A4AP W 114 — S 112 SEC 10, T 115, R 23 STATE HWY NO 5 _1 PRELIMINARY PLAT SHEET NO. 1 OF 5 SHEETS N fo9, ill ?�B V CITY OF RIVED SEP 1 1 2003 CHANHASSEN PLANNING DBPi PROJECT NO: 2-02-0568 DATE: 08/18/03 CK Rim=96,172 Inv=959. 67 MH-San l DESIGNED DRAWN BY ME OR UNDER MY DIRECT SUPERVISION AND ETR M.P.C. K.D.K. I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. CHECKED M.P.C. Martin P. Campion DATE: REG. NO. 19901 /78 18 } 1 3,g 3,f PI E10� \\ +-fence I A / /1 / A 0 �. P10 E1p �f\9�\� + l d10 r41f10 \ J 7 84 o/d \\ P1 � touna at, o� ... \ 98cc 6 M8 \ \ 66 10 ( ,\oM10 10' o \.9 E10 0 �E1OO����/ n�,�� I \ \ 9j �E10 \ P15 `' 1p �� I Goroge P100 APiO0 \}� II � i� Shed 1 \ \' 10\ \ E. House OAPfi Ap \ y \ x981.31 P1 I 198 / 6 1� 1 P10 . Bar hB r�y�3o P 4 a � �Q 1 fence �...�...��::�3I t 976.0 S/p� (:1- to, BIN \ 9 9 \\ kbJ, ` 72 —97r / 4.31 970� � /f X 956. \ , \ W. / -9F yei.Uf ZONE \ B P8 / o \ % G° 9 o /li / �A �o / ~ i In 4 nvB Sf 0 .� W.=948.08\ B10 Inv-- � �y�p�g63• x .95 78 I I I ICJt1/lky Ease?oent \ p8 �CbYTLOY, \ oy fence 4.2t _. W. o line \ 1956— \ 9 \\ \ ` `954— _ ino & \ S� �952— \ util\\etnenf \ 9srr\\� \\�\� �950— _ �948— \\ �-946---- Web Site: www.ottoassocisfes.com 9 West Division St. TTTO Buffalo, MN 5531313 SSOCIATES Ph: (763)682-4727 Fax: (763)682J522 Engineers and Land Surveyors, Inc. x 968.77 \ Ex. Bldg. tz!cAgVV ._ �- edge of bit. �/Vz R�qO 9UtfB�R x968.95 \...—edge of bit. x 97 1.11 / Ex. Bldg. ' arnia N rn WALNUT GROVE SECOND ADDITION KLINGELHUTZ DEVELOPMENT CHANHASSEN, MN Steel Fence Posts shall be used to Support Snow Fence (Woven Wire may be Subsituted for Snow Fence) Silt Fence —� 40 0 40 PARCEL 1 =2.06 ACRES PARCEL 2 =1.03 ACRES TOTAL AREA = 3.09 ACRES DEVELOPER: KLINGELHUTZ DEVELOPMENT A TTN: TOM HEILAND 350 EAST HIGHWAY 212 CHASKA, MN 55318 PH-952-556-6021 FAX 952-448-3496 HAR 1 EROSION CONTROL FENCE - TYPE 3 1 -Hay or Straw Bales Two rebars driven through bale 1.5' to 2.0' into the ground. Bales to be recessed 6" below grade and wired to snow fence. Bales are to be tied with a Non -Degradable Material. NOTES: 1. WETLANDS DELINEATED BY KJOLHAUG ENVIRONMENTAL SERVICES COMPANY. 2. SEDIMENT BASINS SHALL BE CONSTRUCTED PRIOR TO BEGINNING ROAD CONSTRUCTION. 3. ALL WORK SHALL COMPLY WITH THE MINNESOTA POLLUTION CONTROL'S (MPCA) GENERAL STORM WATER PERMIT FOR CONSTRUCTION ACTIVITY. BY BEGINNING THIS WORK, THE CONTRACTOR ACKNOWLEDGES THE TERMS OF THIS PERMIT AND AGREES TO ABIDE BY THEM. 4. ALL WORK SHALL COMPLY WITH THE GUIDELINES SET FORTH IN THE MPCA'S PROTECTING WATER QUALITY IN URBAN AREAS: BEST MANAGEMENT PRACTICES FOR MINNESOTA, AND THE US—EPA'S STORM WATER MANAGEMENT FOR CONSTRUCTION ACTIVITIES. 5. ALL DISTURBED AREAS SHALL BE SEEDED, MULCHED, AND DISC ANCHORED WITH MN/DOT SEED MIX 50B WITHIN 48 HOURS AFTER FINAL GRADING IS COMPLETED OR WITHIN ONE WEEK AFTER ROUGH GRADING IS COMPLETED, WHICHEVER APPLIES TO PROJECT SCHEDULE. 6. THE CONTRACTOR SHALL ASSUME COMPLETE RESPONSIBILITY FOR CONTROLLING ALL SILTATION AND EROSION WITHIN AND ADJACENT TO THE PROJECT AREA. THE CONTRACTOR SHALL USE WHATEVER MEANS NECESSARY TO CONTROL EROSION AND SILTATION, INCLUDING BUT NOT LIMITED TO EROSION CONTROL FENCES, BALE CHECKS, DIKES AND ROCK CONSTRUCTION ENTRANCE. CONTROL SHALL COMMENCE WITH GRADING AND CONTINUE THROUGHOUT THE PROJECT UNTIL ACCEPTANCE OF THE WORK. 7. ANY DEPOSITING OF SILT OR MUD ON NEW OR EXISTING STORM SEWERS OR SWALES SHALL BE REMOVED AFTER EACH RAIN AND AFFECTED AREAS CLEANED. 8. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. PRELIMINARY GRADING PLAN SHEET NO. 4 OF 5 SHEETS IECT NO: 2-02-0565 08/ 18/03 I 4 Legal Description Parcel 1: a; That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows., Commencing at the West Quarter corner of said Section 10; thence on an assumed bearing of South Ol degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet to a point on a 3452.34 foot radius curve, the center of circle of said curve bearing North 79 degrees 30 minutes 09 seconds West from said point; thence Southwesterly along said curve, a distance of 469.80 feet, central angle 07 degrees 47 minutes 49 seconds; thence South 18 degrees 17 minutes 40 seconds West along tangent, a distance of 64.00 feet to the actual point of beginning of the tract to be described; thence continuing South 18 degrees 17 minutes 40 seconds West, a distance of 282.12 feet; thence South 65 degrees 12 minutes 03 seconds East, a distance of 33.12 feet to a point that is hereafter referred to as Point A. Point A is described as beginning at the point of intersection of the Northerly right-of-way line of Minnesota Trunk Highway No. 5 and a line 33.00 feet Southeasterly of, measured at right angles to and parallel with the centerline of Carver County Road No. 117; thence on an assumed bearing of North 18 degrees 17 minutes 40 seconds East and parallel with the centerline of said Carver County Road No. 117, a distance of 725.00 feet to said Point A. Thence from said Point A, South 65 degrees 12 minutes 03 Southeast East, a distance of 268.73 feet, thence North 18 degrees 17 minutes 40 seconds East, a distance of 316.33 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 300.00 feet to the point of beginning. Legal Description Parcel 2.- That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows. Commencing at the West Quarter corner of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, c distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet, thence Southerly a distance of 383.79 feet along a curve not tangential with the last described line, said curve is concave to the West, has a radius 345234 feet and a central angle of 6 degrees 22 minutes 10 seconds and the chord of said curve bears South 13 degrees 40 minutes 55 second West to the point of beginning of the tract to be described; thence continuing Southerly, a distance of 86.01 feet along said curve concave to the West, having a radius of 3452.34 feet, a central angle of 01 degree 25 minutes 39 seconds; thence South 18 degrees 17 minutes 40 seconds West, tangent to said curve, a distance of 64.00 feet; thence South 71 degrees 42 minutes 20 seconds East, a distance of 300.00 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 150.00 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 301.07 feet to the point of beginning. TOWNHOME DETAILS R'lous W Ryli- fence l A/ vi I A/ l f -7- YYy-I L_/ V LJ I r 8t / p� ��a � ���`` � 4?�aF3a•O I \ \ \ r 1 tv \ Gorage Q \ r� 25i985 SF \ Ex. House h I \ \ \ \ x 981.151 v\ ` sa L 12,495 SF \ \ \ 0 Q J� 2 0�) ti / vl SPfe x 956.6 VQ/ _ pSIMAR Y81awl l 401RCP 0w w h C8 -..._.�-...�. m} lnv=96 .18 R1m=96.1.72 inv=959. 67 MH-San I In v*1150.15 'NqP Q",4,vFq�Y � TRJ''I'Y �43F / W.Inv=948.08 `Elnv-946.79 \ 3 x 1`'..-Drainage & \ Utility Easement Drainage & Utility Ease ' I1,d27 =F 11 A 13� \ \ OUTLOT A\� \o 37,198 SF \ IN- s 1380 c6 1Z750 SF W. offline to ;t fence 4.2t _...� line ll / x 968.77 16 CITY OF., RF. cc.-, 4. 5 Z13133 CHANHASSEN PLANNING DEFT '1 /C )V V L- Ex. Bldg. L edge of bit. �S (V5 % ncv�C F Ro,10 got f� R 40 80 PARCEL 1 =2.06 ACRES :PARCEL 2 =1.03 ACRES TOTAL AREA = 3.09 ACRES DEVELOPER: :.'LiNGELHUTZ DEVELOPMENT ATTN. TOM HEILAND J50 EAST HIGHWAY 212 CHASKA, MN 55318 PH-952-556-6021 FAX 952-448-3496 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: �-5 BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING RIGHT-OF-WAY LINES, AND BEING 5 FEET IN W,OTH, UNLESS OTHERWISE INDICATED, AND ADJOINING LOT LINES, AS SHOWN ON THE PLAT. SETBACKS FRONT = 30' SIDE = 10' RL AR = 30 Fr.JM CUP BUFFER = 40' E.' !STING ZONING = A2 PROPOSED ZONING = R4 NOTES.- 1) Easement information from Land Title Survey by Harry S. Johnson Co., Inc. dated October ?3, 2002, file No. 1-3-6202 2) Wetiond delineated by Kjolhoug Environmental Services Company. PROPERTY LOCATION: PART OF THE SW 114 OF SEC. 10, T. 116, R. 23 CARVER COUNTY, MINNESOTA x968.95 N-••-edge of bit. x 970.11 Ex. Bldg. mFF � AP FrFNo Apple Basswood Mae PROPERTY M 0 oak LOCATION P Pine FXA E24 - 24' Elm -OHE- denotes overhead electric line -6. denotes hydrant N denotes gate wive O denotes power pole denotes telephone box )&' e -0 INDEX MAP Wi/4-S112SEC 10, T116,R23 STATE HWY NO 5 _1 120 1 10 2a o M.L.H. ADDED TEE TURN AROUND DESIGNED DRAWN M.P.C. K.D.K. CHECKED M.P.C. I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA Web Site: www.ottoassociates.com 9 West Division St. TTO Buffalo, MN55313 ssocfarEs Ph:(763)682.4727 Fax:(783)682J522 Engineers and Land Surveyors, Inc. WALNUT GROVE SECOND ADDITION KLINGELHUTZ DEVELOPMENT CHANHASSEN � MN PRELIMINARY PLAT PROJECT NO: 2-02-0568 EDAMtB=Y N0. DESCRIPTION Martin P. Campion DATE: REG. N0. 19901 SHEET NO. 1 OF 5 SHEETS DATT. 08/18/03 REVISIONS DESIGNED DRAWN M.P.C. K.D.K. CHECKED M.P.C. BY ME OR UNDER MY DIR I AM A DULY REGISTERED UNDER THE LAWS OF THE Martin P. Campion DATE: REG. NO. 19901 � / V�l l ­ .j 40 RCP W.inv=948.08 E.Inv-946.79 i• / l`••—Drainage & l Utility Easement r- C8—..._..—..._.... m Rim-96.78 / Inv=96.18 \. CB—..._..r. Rim-96472 Inv=95 9.67 MH—San I 3,3 \ 2 3 ( a r o 71 ). 1.71 15 Utility Web Site: www.otfoassociates.com West Division St. TTo B 55313 Buffalo, SSOCIATES 68 4727 Fa ; (763)88.352 Fax;(7631882�3522 Engineers and Land Surveyors, Inc. 0 o04 OUTLOTA 3.3t 101 W. of 11 1T / V V / Garage fence a'�' /n v=955.16 5 I \.._edge of bit. k lEx. Bldg. } �NEaT fence 4.2.E _...i' (6�T IfQ nwo yy W. of line V L Ex. Bldg. edge of b t 'IV 7B� d"� ny oar `sqN SF TE ,q�qD 9�ffe�R WALNUT GROVE SECOND ADDITION KLINGELHUTZ DEVELOPMENT CHANHASSEN, MN 40 0 40 80 120 PARCEL 1 =2.06 ACRES PARCEL 2 =1.03 ACRES TOTAL AREA = 3.09 ACRES DEVEL OPER: KLINGELHUTZ DEVELOPMENT ATTN. TOM HEILAND 350 EAST HIGHWAY 212 CHASKA, MN 55378 PH-952-556-6021 FAX 952-448-3496 NOTES: 1. EXISTING UTILITY INFORMATION IS FROM THE CITY AS —BUILT PLANS. 2. SANITARY SERVICES SHALL BE 6" PVC SDR 26. 3. WATER SERVICES SHALL BE 1" COPPER UNLESS OTHERWISE NOTED. 4. ALL HYDRANT LEADS SHALL BE 6" DIP CLASS 52. 5. NEW SEWER & WATER SERVICES SHALL BE PROVIDED TO EXISTING HOUSE. PRELIMINARY UTILITY PLAN SHEET NO. 2 OF 5 SHEETS NO: 2-02-0568 08/18/03 DESIGNED DRAWN M.P.C. K.D.K. CHECKED M.P.C. Rim-96 78 Inv=96.18 \ •• CB —..._.. .......�... Rim=96.772 Inv-959. 67 / MH—Son Rim=964�53 -tip// \ IU I I HEREBY CERTIFY THAT THIS PLAN WAS PREPAR BY ME OR UNDER MY DIRECT SUPERVISION AND I AM A DULY REGISTERED PROFESSIONAL ENGINE UNDER THE LAWS OF THE STATE OF MINNESOTA. Martin P. Campion DATE: REG. NO. 19901 3,j /o 0 C # r \ \ k +'—fence / 15i (110 \\ \�k\ I A / / 1 7— P 09 10 9� �o/d (� 6 10 �tf8 \ iM1 c10 \E10 10 \PfS ,0 P1� API `� �� _ I Garage �1 II P1 Shed i 1 \\ \�i\ \ Ex. House OAP8 \ AP100 \ x 981.31 P B Ni P101, / I \ Pf ^8 97�� P 4 \ A N #i2# fence"". :n3.3t 0 \ 760. \ \ o J \ \ \ °a �97L/ V 10' 9EN _ 2 \ I Y \ 970-- � t S\ B x 968.77 PI— a� ��r� / W. \ _ � x 95 9 � � P8 VQ I l l l RCP FA AR Y ZpNfE \ B 0 4 RO \ 6,+1�gr.o /il v=948.08 � 81 \ 8 , �g63 o W. In v=*6.79 x 95 78 roinage ,� rXV EaselK ent \ P8 n j \ ICEl�(TLOY A ° \4 \�1VT\ \ j3p �CB I \tip\ 1 \ \ \ \ Ri .9� \ \ � In 071 ��FF \ fence 4. . / oRIMO,y ZaNE�" W. of�line \ nm 6j+. \ EK \\ \� \� \ \ \ 9 �958- \ !nog� & \ \9 S �952— \ =Vy E\a�eQ�ent sas— Web Site: www.atfoassociates.com West Division St. TTo B 55 Buffalo, MN 531J SSOCIATES Ph: (763)6624727 Fax: (763)662.3522 Engineers and land Surveyors, Inc. /, edge of b1t. R�g4) 9 to R x968.95 \•••—edge of bit. x 97q.11 / Ex. Bldg. omo 4+ m ca N rn WALNUT GROVE SECOND ADDITION KLINGELHUTZ DEVELOPMENT CHANHASSEN, MN 0 0 40 PARCEL 1 =2.06 ACRES PARCEL 2 =1.03 ACRES TOTAL AREA = 3.09 ACRES DEVEL OPER: KLINGELHUTZ DEVELOPMENT ATTN. TOM HEILAND 350 EAST HIGHWAY 212 CHASKA, MN 55318 PH-952-556-6021 FAX 952-448-3496 HARI ROCK CONSTRUCTION ENTRANCE Steel Fence Posts shall be used to Support Snow Fence —� (Woven Wire may \ be Subsituted for Snow Fence) Silt Fence —� EROSION CONTROL FENCE — TYPE 3 Hoy or Straw Bales Two rebars driven through bale 1.5' to 2.0' into the ground. Bales to be recessed 6" below grade and wired to snow fence. Bales are to be tied with a Non —Degradable Material. NOTES: 1. WETLANDS DELINEATED BY KJOLHAUG ENVIRONMENTAL SERVICES COMPANY. 2. SEDIMENT BASINS SHALL. BE CONSTRUCTED PRIOR TO BEGINNING ROAD CONSTRUCTION. 3. ALL WORK SHALL COMPLY WITH THE MINNESOTA POLLUTION CONTROL'S (MPCA) GENERAL STORM WATER PERMIT FOR CONSTRUCTION ACTIVITY. BY BEGINNING THIS WORK, THE CONTRACTOR ACKNOWLEDGES THE TERMS OF THIS PERMIT AND AGREES TO ABIDE BY THEM. 4. ALL WORK SHALL COMPLY WITH THE GUIDELINES SET FORTH IN THE MPCA'S PROTECTING WATER QUALITY IN URBAN AREAS: BEST MANAGEMENT PRACTICES FOR MINNESOTA, AND THE US—EPA'S STORM WATER MANAGEMENT FOR CONSTRUCTION ACTIVITIES. 5. ALL DISTURBED AREAS SHALL BE SEEDED, MULCHED, AND DISC ANCHORED WITH MN/DOT SEED MIX 508 WITHIN 48 HOURS AFTER FINAL GRADING IS COMPLETED OR WITHIN ONE WEEK AFTER ROUGH GRADING IS COMPLETED, WHICHEVER APPLIES TO PROJECT SCHEDULE. 6. THE CONTRACTOR SHALL ASSUME COMPLETE RESPONSIBILITY FOR CONTROLLING ALL SILTATION AND EROSION WITHIN AND ADJACENT TO THE PROJECT AREA. THE CONTRACTOR SHALL USE WHATEVER MEANS NECESSARY TO CONTROL EROSION AND SILTATION, INCLUDING BUT NOT LIMITED TO EROSION CONTROL FENCES, BALE CHECKS, DIKES AND ROCK CONSTRUCTION ENTRANCE. CONTROL SHALL COMMENCE WITH GRADING AND CONTINUE THROUGHOUT THE PROJECT UNTIL ACCEPTANCE OF THE WORK. 7. ANY DEPOSITING OF SILT OR MUD ON NEW OR EXISTING STORM SEWERS OR SWALES SHALL BE REMOVED AFTER EACH RAIN AND AFFECTED AREAS CLEANED. 8. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE OCCASIONED BY HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES. PROJECT NO: PRELIMINARY GRADING PLAN 2-02-0568 SHEET NO. 4 OF 5 SHEETS DATE: 08/18/03 scrv�;r��:e>•� 0 p O n iZ�r!':ra•�/7��a� srrirrrr1 scar11M -F��-:>,��� � o o • � 4 e • .� ,L7 • oin a AO 0 AO a0 12D PARCa 1 -2-06 AQX3 PA 2 -I.W ALBS MTAl AREA - am AGES DELELOPER., aNLanvrz cue uanExr AT M {EL MO EAST /Rs Y 212 a"wA w ssna r 952-566-6= FAX R5?-IIa-.HOB / / ^sr.�-Kam\\ •\ � I / Fi \ .•.rre I WALNUT GROVE SECOND ADDITIONmm Y.P.G KZK i w A aar u®moEt mamu� pp� ^� TREE INVENTORY &CANOPY EXHIBIT 2-02-0568 uoEx nE us or nE soaE or wEsoa, Y.P.G Ib•, P. Caipm mane IaINGELHurtoEVELoPME,'iT CHANHASSEN, MN ISHEET NO. 5 OF 5 SHEETS 08n8/08 Lay1 Oal+btA» Pawl is F Pat d Ma Jw Qya(r a/ Acda 10. roWp 116t Rape 24 fb.� CwntA ✓ti'rwota aYo6H w Aloac Ca'^"'a'dq d tlra MYat Qwf� Dana d /afd Sltbr 14 6haw an a oelnW baby o/ SwM m depla JB mtwfr M /acarde EaN daq ar/ 6bt M d Idd SwMawt QM� a detmw d 12I1I0 At Mw Foar m dlpwa 0 mbaM1a 10 wavMa Eat o NfaN.r d IID041 Art b a Po a o J45ZJ/ Arf naAr aara M mta d dda o/ � mw . S.. 1... m depr .W mYwfw m /Ic MA Wbt Mary Scvararetay dap aaU a/R a aM 10 d 460.17 Ar, W agora Ol Apr It n.lwtw 4a I+a a w SwM fa dlpr IT tf b 10 /IPa I lMrt dory tagaC a d taro. d 64m Ar b Ma Padd 7 at bpfniry d Me of a b a daaAa4 Maw coetlMMq s w , Iy mbatw 40 � rawt a obtab o/ =, Art Maw ff a es dq , 12 mrwtw el /Icunb Fast o a6tarw d A/I Art b a pMt Md Y ArM1r /alarM b w PMt A P t A A MgEwt w begbJp d M4 Palt d btr.l d MI FatM1y ripAt�h.oy a. d iA/ee/afa aht IYpn.vy Ma J off a M JJ W leaf JwMr t d mao•a tl d rlpre al b vb paa/d .FA er w 1tom8 d d 17 County Roll Mn /1T, Ma+c4 a a mnM booby a /IarM le agI/e IT mbvtw 40 /IvaA East and paa/d w t C1rtIAM d tlf L'orar County Food Aq 1/7, a abtmw d 7266lKl Ar b Bard Pdrt A iAw.cr Man /aa palm A SwM 65 Apr 121 W swerawL Ewt• a Arfaror d MTJ / t Ml.w MwM ie Apr IT mbutr W wcwA EaK a airtaw d M&M Aat Maw FaM ] dp 42 m/alb/ 10 Imrb Mbt a astala. d maw Art to er pMt d b""*, Lqd D..ro fan Paw' 2: /bat Pat d er swam as d Secf/a IQ Tow * 114 Range ZI Lbr C fx 1Anrta dwabM w A/o/a C.r.kp d ar Ibt Q,oYa . d /ob S IQ Maw a a aeanrM baahy of S M OI depla sa mi.nw q rarda Ead day M4 Mbt M d W eatMaat Q.a'tr, a dbtao d $PAW TaIE Mau /IaM W dq 0 /rrrnbe 20 IattiI1A East. a Among d IM41 bat Mary SwtAaly a Qkarc Of J m Aat daq a aIw rot taro w a Ma Avt deaabd M add a/ea M owrpa.a b t Mbt b o nrdM 3ISZJ4 Art aM a mtrd aq'a d 6 dapr V m{suM 10 Maaardr a,d Ma aAm/ 01 / cvw boas satM iJ dq M mbaM % m Mbt b er/ pobt d bybnlry o1 Ms tact b b1 daubs¢ Mlrw —n kv Jw x a aRAaw d mm rlre dap aid aa.a wrrpolr b tM Mbt hm V a d 3452.N /Ist a oa,bd mot d OF Apse 1J n+artw N arcoleAt Mary SwM I6 Apr I] mbatw 10 w Mbt taryat to cold a a d ft. d "W Aat Uraew SwM T dqr 42 rlliMw A M" 1A Ewt a dMbllw of 31KLm Art Mau MaM TO dq ly me 40 m1de Ewt a dbMro/ d IMW Ast Macy Abrbl N d p 42 mbAw 20 ecab Mbt a Artaw d M.OT Are b MI Pab,t d boghihp FOOOdOla XWS I a a a w JY 0 0-on a aft !y ems\ \ m A, s bs Y � � 1//e / n n lr r� \ i ,oY ■aaI Avg r a r� r i OUTLOTA - / y w L b AARR�C�yL 0 ppgg 40 e0 120 PARfll 1 �I 0.T ]OTAL AREA am AMS 0 1a [ a: ATM 6 191" JJD EAST IMO MY 212 odsK. w 5&WS PN-052-,'66-6021 EAK 0.52- 3466 pRAYp(.EAND U/ft//YE45EMENt5IRE 5{pNV 111f S ICI I I ° I I ..A59/D MTEMI 1 PT74% FRCKT -J% SCE - ttY REM � .RY RM P1A'M/ EIP 9.iFFR - 10' E ZIM 201/Y0 _ A2 PIP[iCl4'D 20MM - R4 A. L f)Ew t blanwNar iom Lmd 1 9,ey by Nary S ..b ., Ca. Ma doW QY 24 2oaz 1/a Am 1-J--e202 2) MMfbrd daAnatd by Kft*" Emiwlratd saMcw cant, b. Mw / arY. rle co PRILAIF a.,"tea* .1mll 4ly arrA� %e r E s • Y ar 1 , 2M pl•Kb bF rr rr Val• rr MCPERTY LCC47XW PART OF R£ Sly 114 OF SEC 14 T. II& R 23 OWnER Cd.NIY. Aff*&WTA #"X MAP r 114-S 1/2 SEC 10 T114 R2J W ir°iW WAw TWALNUT GROVE SECOND ADDITION I PRELIMINARY PLAT EaE �2-02-05ss KLINGELHUTZ DEVELOPMENT o e °' °'""' A In CHANHASSEN, MN ISHEET NO. 1 OF 5 SHEETS r, oanaroa 3 R OUTLOT A / I I L\ vc a m* i .o G w w 120 PAMZt f =208 AfRET P 2 -I.eJ MRFS MM AFEA -sae AOdS Ault M /EIAlD . F Nai.Nr V2 ousrA, w ssne Pr/-ssz--cor FAX R52-44He-3I86 51 / a sa s wEora�mi�u E r ne a: I i .19 � MML E ALL f 0.19 INFi I MMN G R VOEr wm 1=n� _ uP.c u.ox `N �f °�` /MAA WYour 1nvmorL Bomt "' ..= WALNUT GROVE SECOND ADDITION um nc of nE mae ar r.00w Q... TTo „„,,,;�„ PRELIMINARY UTILITY PLAN 2 o2-ossa a®® W+�m — KLINGELHUTZ DEVELOPMENT CHANHASSEN, MN SHEET NO. 2 OF 5 SHEETS oan8/03 r ° —0- E w \ro e,,..,_„_,.�,, l �m Lu�wan OUTLOTA A 40 0 AO !0 170 P�2- N� MW AREA - AM ACRES DEVELOPER: ,aPVU / rz tMcw1®vT AT ICW IElAAD 350 EAST ,ICiOpY III ams" w 55J18 IA/A / A/, PF{-952-Sw-602r FAX RT1-IIB-NdS /T a* .y. r m r 5 / I / I / I � Y.P., "K `" �`�'�idn�T"° I MI A O P®61F1® PAOfESODYL FlIDIFHI � WALNUT GROVE SECOND ADDITION PRELIMINARY STREET& °®® N" DOER 11E IAn Di ME500E 6 YNpOp QTT07�t I I STORM PLAN 2-02- YPG KLINGELHUTZ DEVELOPMENT CHANHASSEN, MN NO. 3 OF 5 SHEETS I osne/03 s w 1p SHEET AO 0 AO BD 12D PARCEL 1 -206 ACRES PAROT. 2 -1.03 ACRES / JU TOTAL AREA - JIM ACRES / DEVELOPER: nFIGET/A/n DiETELORMENT / l { AM TOM /EILND / l / MO EAST HIGHWAY 212 \ \�\ ORAwA w sane I AMA / AX sw 56 sozl �.�To \\ rrr v tr vra ` cf" t_T vV / M� AQ rx 1WM" °F I / /� \ g' _ / _ r _ F.K. P ROCK C126TRLICTIM ENTRANCE SF �a�eo ito� F. / �e ` / � ^ \ \ • \ �^ 1 //..' Vim% 9t Fa. pis rS..o r r �qLL /� / � � , \ ��' •-• " Oeb uM ref b v Ys� EROSION CONTROL xo�„-py�rw w.t�i s 1. 1WE-Iwos DEUMEATm BY KJ"AUG o1%RRONMENTAL SERVICES COMPANY. zSEDIMENT� SHALL BE CONSTRUCTED PRIOR TO BEGINNING aoAo CONSTRUC3 u ALL WORK 9,t COMPLY WFTR THE MIN ESOTA POLLUTION CONTROLS Ar (MICA) GEERAL STORY WATER PERMIT FOR CONSTRUCTON ACIITTTY. BY \y'�\ m ••• ••• nrs POW THISWORK.� roCONAeR'RACTO ACKNOWLEDGES THE TERMS OF 1 A ALL WOW SHALL THE GUIDELINES SET FORTH IN THEE MPCkS PROTECTING AW TER QUALM NN URBAN AREAS. BEST MANAGEMENT PRACTICES FOR MINESOTA. AND THE US-EPAS STORM WATER MANAGEMENT FOR CONSTRUCTION ACTT`A7IES. a \ \ \ ALLDISTURBED AREAS SHALL BE SEEDEDHE . MULCHED, NO DISC ANCHORED ®All /1' \ ((bl (TLO'f fi \ \ \ \ 'A°' "'F'E HWTN MR/DOT 9 MIX BOB MINIM AB HOURS MIER FINAL GRADING IS r 00IMP ETED OR WITHIN ONE WEM AFTER ROUGH GRADING IS COMPLETED, WHICHIE)" APPLIES ITT PROJECT SCHEMULE- a CONTRACTOR SHALL ASSUME COMPLETE RES ONSBILM FOR CONTROLLING ALL SILTATION AND EROSION WITAND ADJACENT TO THE PRO ECT AREA MEANS HE THE GDM,RACMR SHALL USE WHATEVER MEANS TO CONTROL EROSION AND SILTATION. INCLUDING BUT NOT UNITED TO EROSION CONTROL FENCES, BATE C EOM DIKES AND ROCK CONSTRUCTION ENTRANCE CONTROL SHALL COMORLE WITH GRADING AND CONTINUE THROUGHOUT THE PROJECT UNIT. ACCEPTANCE \ \\ \\ \ \ \ \ \ THE WORK. 7. ANY DE Posnm OF SILTT OR MUD ON NEW OR EmTING smRM SEWERS OR p \ \ SWAIFS SHALL BE REMOVED AFTER EACH RAN AND AFFECIED AREAS CLEANED. a THE APPROXIMATE W OF ONLY TEXISTING UNDERGROUND HALLO ARE SHOW N AN LOCATION OF WAY OILY. 71U CONTRACTOR SHALL OEIING WO THE FACT \ • \ _ �\ \ ` �- 10 BE N O' ALL ONSING UNMANS BEFORE COMMENCING UCH HE AGREES OCAS FULLY RESPONSIBLE FOR ANY AND ALL LOCATE AND WHICH AN BE OCCASION BY HISRO ND FAILURE TO EXACTLY LOCATE AND PRE972YE ANY MD ALL UMEROIOIIO UTILITIES. Mm E�Wm aA. WE Olt Y FIE MN '"41 "` WALNUT GROVE SECOND ADDITION E2:(02-0568 MP.G KDx I IM A lllY XTt MY D PWt1HES9OIML FIHOMEDI """ems UNDER THE UNs OF THE EDGE OF MNEVOV, PRELIMINARY GRADING PLAN IT N®® •••• YPG We,P� aacuro ��"'n' IaINGELHUTZ DEVELOPMENT WWB IEc Nn „WIN T.�.rtrsr..,-.�.. CHANHASSEN, MN _ _SHEET N0. 4 OF 5 SHEETS osns/os NURN., / /" LLfI / 2 OUTLOTA s ` � � f�YYTrL07�C O�JIOJiII� «.>.. WALNUT GROVE SECOND ADDITION PRELIMINARYSTREET S 2-o2-asee we KLINGELHUTZME LO%AENT STORM PLAN CHANHASSEN, MN SHEET NO. 3 OF 5 08/18*3 A 750 a l-MML / i ieun xxwru 1 \ \ 4 \ uu.nu it � ♦ *7 <i 1cf" cr 1 / • ~ RRNO, YOII[nnO f. MAMMN wMlw10rt4 LfA9 PYYWY. I ^�% \ ( 2 Rwp! YM N4l R 0.WxVcnO IIYG m RR/xq xup �\ \ / S CPKv xM M WOlfn xYYTw COITI0.1 / / '� \�l \ � � ,rW O�1Mlµ11Yx. M WNIIUCIw M09�6'm 1QY8 V / 1\ \ 1 y �. ♦ NFL M�G�f fl�Nl fAILY x M,iC1116 Rr RIIM W M VCn'n � wnu R Rrnm. woa. u uR mw \gTLO\!'.(1 \\ \ •••• wn Rm �R W. xMi r xxiu; u�a rxu wnvxo n xM1 we xn uiw xuw RIRx n owwcnv, �+(!� / / \ i 1 \ \� \ \ \ \ ��9 / 'a • m.x a�w wu n°�`'"� m°�enn Rsw��n ra owiwwa ^,rr , ,. . , . ��� ul RinMr W0a0fw.lMx xo .NWldimMro¢i Wu '♦-J \(`� � \ \ �a\. 4 M arrnnaw aNi uR wMma Run R®NIY ro awna Rrn� xnuRw xn wr uwo m aww ownxa ^(' \ rasa ,ru omn. orm nrio roa mxmnuaw anWc coxrnu / \ \\\ � \ \ \ \ auu ux�aR xix Rnoxo uo wx� MWRNvr M rRRm i /�r n � \ \ ♦ r. Wr ovarwo R at a uuo w xa w oRwa siaix Ron w � '� I \ — \ \ \ y � xWY wul R RUP.a Wla 4w uw uD 4r[Cn0 MnnY CLuld. / \\ \ \ \ �\ � WaaMnn rnr aur. M ooxm�na aru R1F1ux[ M a+cr \\ � � unno� R ui ®nio mum oou m,mlax vaR R •aRs omuarat m ru ruurc ro ouonr wnn uo rrttaR Wr WALNUT GROVE SECOND ADDITION PRELIMINARY GRADING PLAN n0 K INGELHNR DEVELOPMENT 2-02-0568 CHANHASSEN, MN 4 5 oenaroa a m r \ rfI� a \\ q/ii.ir�Vl r aruu vsvnow nmm raawvm. /oo�! _ \\ \ \ — \T mrr awruu pomv uu �.mau, nc uww) ups P / \ \ \✓G a,xvruu urrum. Hav MV iQ % / � ��`\ \•� . wsr uuvwwlu�wmw,mnnioro�avw _ /� // / .\ "C\ \\\ — -•^'� uu vMm�vv unlwMm.rar moraws,a ua yr /" / \ \ I IJRTLO'1\4 WALNUT GROVE SECOND ADDITION TREE INVENTORY CANOPY EXHIBIT t�fA 2-02-0568 NLINGELHUTZ DEVELOPMENT „ r^+y CHANHASSEN, MN 5 5 owm" Jul 21 03 01:05p r OTTO ASSOCIATES 7636823522 p.1 FAX COVER LETTER 'TO SSOCIATES Otto Associates, Engineers and Land Surveyors, Inc. 9 West Division Street Buffalo, MN 55313 (763) 6824727 FAX: (763) 682-3522 To-X NUMBER: FROM•firdZT i95n DATE: RE TIM: NUMBER OF PAGES: COMMENTS: - L-�� ►4; < 1 r ._El (_3� to �Z — 4--1 Z`� r,jar 4t- P,-�s Jul 21 03 01:O5p OTTO ASSOCIATES 763GS23522 p.2 / I $` row vpr[ I� �.[ \\ \ \\\.JI YYiI / A _I,rs- mro \ \ '~�i,A�1�� 1� Csu\"n. / lI \b�o v, 1-Lf / 1 / •�/ .� /fit /v6s-- � \ a+��s g 9ari \-7 9so— 121 r► 1 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 General Phone: 952-227-1100 Administrative Fax: 952-227-1110 Bldg/Inspections Far: 952-227-1190 Engineering Fax: 952-227-1170 ParklRecreation Far: 952-227-1110 Planning Far: 952-227-1110 Public Works Fax: 952-227-1310 Recreation Center Fax: 952-227-1404 web Address: www.d.ehanhassen.mmus FAX COVER SHEET Date: 12.13 .0 Company: C (o ey ez 5 W ( J Attention: Cf�, Fax Number: `l 5-2 L4 L f 7 y% 7 Sent By: 40y-; cc: (PIZ .,Sol • 471) Direct Dial No: V'2- 22 7. Il 5 Sending 1 pages, including cover page. ❑ Please find the information you requested Rr Please review and call me ❑ Please call to confirm receipt of this fax Look - - l dQ A Y- &4It, eAo�qh tasm If you do not receive all pages, or are experiencin other proble in transmission, please call the sender at his or her direct dial number. / W ( i r ►10ol vJ6HiA - 0 The DNR Protected Waters Map, Carver County, Minnesota (Minnesota DNR 1996) showed one DNR Public Watercourse, Bluff Creek, on the property (Figure 3). The Soil Survey of Hennepin County, Minnesota (USDA, 1968, Sheet 20) showed Glencoe silty clay loam (Ge), Lester loam, 6 to 12 percent slopes, eroded (LaC2), and Hayden Loam, 12 to 18 percent slopes, eroded (HaD2) within the project site (Figure 4). Glencoe silty clay loam was listed by the Natural Resources Conservation Service as an hydric soil. The City of Chanhassen Wedand Classification Map (City of Chanhassen) showed Bluff Creek as wetland number A10-13(2)(A) (Figure 5). Wetland Determinations The following description reflects field conditions observed at the time of the delineation. At the time of the delineation, the area had experienced above normal precipitation levels, vegetation was dormant and temperatures were in the mid 30's. The northern portion of the project site consisted of a sloped residential housing lot with mowed lawn and an unmowed area dominated by reed canary grass and occasional box elder, Eastern cottonwood, Canada thistle, common burdock, honeysuckle and common buckthorn (Figure 6). Two sample points were completed in this area. Soils at sample point one (Appendix A) were dark brown to black, silty clay loam to greater than 24 inches. Water was observed at 23 inches from the soil surface and no other indicators of wetland hydrology were observed Soils at sample point two (Appendix A) were also dark brown to black clay loam to 36 inches with no water observed within the soil pit and no other indicators of wetland hydrology found. Personal communication with the landowner confirmed that there was formerly a field access road running east off of Galpin Road into this area A 12-inch culvert was found here which Likely ran under the former access road The landowner further stated that until recently, the entire area up to the forested slope was mowed lawn This area was determined to be non -wetland based on the lack of wetland hydrology indicators, landscape position (sloped, see Figure 6), and presence of obligate upland species scattered throughout the area such as Canada thistle, common burdock and common buckthorn The area indicated as PFO1C wetland on both the NWI map and the Chanhassen Wetland Classification Map was a steep wooded slope associated with Bluff Creek. Dominant vegetation in the wooded area along the creek included American elm, common buckthorn, box elder, and burdock, with some bur oak, Virginia water -leaf and garlic mustard. This area was determined to be non -wetland based on the lack of dominant hydrophytic vegetation and the lack of wetland hydrology. 2 One portion of the slope contains a deep gully just before it meets Galpin Road to the west. A small intermittent drainage way (approximately 1 foot wide) drained out of rip -rap and debris at the base of the gully and into Bluff Creek. This area was determined to be non -wetland because it was an intermittent stream. IV. SuAuq RY There are no areas on the Galpin Road Site meeting wetland criteria as defined by the Corps of Engineers Wetlands Delineation Manual. If you have any questions regarding my assessment, please contact me at 952-401-8757. 3 1 1 1 1 1 1 1 1 1 V. CERTIFICATION OF DELINEATION The procedures utilized in the described delineation are based on the COE 1987 Wetland Delineation Manual as required by Section 404 of the Clean Water Act and the Minnesota Wetland Conservation Act. Both the delineation and report were conducted in compliance with regulatory standards in place at the time the work was completed. Delineatioi Reviewed telly Dlouhy, Wetland Ecologist Date: 12/03/02 Professional Wetland Scientist No. 000845 4 r Note: Site boundaries on this figure are approximate and do not constitute an official survey product. r r r _ r Y r cJ . r 117 Site Location !' . {F JJ r r r r d 5 r ®zom- rdGcrosoft.. as reserved. _ r r r r r r r r Figure 1— Site Location Ma r r Galpin Road Site (KES No. 2002-191) r Chanhassen, Minnesota �- +N No Scale r KJOLHAUG ENvmoNMENTAI SEMCES COMPANY • 1 I 1 1 1 1 1 1 1 Figure 2 — NWI Map Galpin Road Site (KES No. 2002-191) Chanhassen, Minnesota KjOLHAUG ENVIRONMENTALSFJMCFS COMPANY +N Scale: l inch —1,150 feet Vv s ev � • �TC1\�� h L _ � Ge ; a i LaD2 LaC2 -Lester loam, 6 to 12 percent slopes, Leroded aC2 La Ge LaD2, LaD2.'' ag G6 } LaC HaQ2 y KJOL, AUG ENVIRONMENTAi- SERVICES C4DMPr111'4-Y Project/Site: p! v U Investigator(s): BasiNArea ID: AX1VA_ / " Sample Pt. ID: C AUDI F r 1NT_ / SOILS / - --'d. NIA Mapped Soil Type: 1 �1J- f ZaIX72 Mottle abund./contrast Texture, Structure, etc. Depth (In.) Matrix Color Mottle Colors A, Field Indicators of Hydric Soils (Midwest Region) USDA, March 1998. (A • ail wits, s • sandy wl)$, F • loamy a elaysy sons) _ Al. Histasol _ A9,10. 1-2 ®Muck _ S6. Stripped Matrix _ FS.ck Dark Surface _ A2. Histie Epipedon _ Sl. Sandy Mucky Material _ Fl. loamy Mucky Material ox Dark Surface A3. Black Histie _ S3. Mucky PeaUPeat _ F2. loamy Gleyed Matrix _ F7. Depleted Dark Surface A4. Hydrogen Sulfide _ S4. Sandy Gleyed Matrix _ F3. Depleted Marrix _ F8. Redox Depressions _ A5. Stratified Layers,,-_" S5. Sandy Redox _ F4. Depleted Below Dark Surface Hydric Soil? es _No Undetermined Remarks: V_ NIA Mapped Soil Type: Texture, Structure, etc. Depth (In.) Matrix Color Mottle Colors Mottle abund.lcontrast D Field Indicators of Hydric Soils (Midwest Region) USDA, March 1998. (A • all sacs, s • sandy wits, F • 108bY a elayay wtu) _ Al. Histosol _ A9,30. 1-2 on Muck _ S6. Stripped Matrix c Fl. Loamy Mucky Material DarkSurface F6. Redox Duk Surface _ A2. Histic Epipedon A3. Black Histic _ S 1. Sandy Mucky Material S3. Mucky PeaUPeat _ _ _ F2. Loamy Gleyed Matrix _ F7. Depleted Dark Surface - A4. Hydrogen Sulfide _ _ S4. Sandy Gleyed Matrix _ F3. Depleted Matrix _ Fg. Redox Depressions _ _ A5. Stratified Layers 1.5;_ S5. Sandy Redox _ FC Depleted Below Dark Surface Hydric Soil? No Undetermined Remarks: HYDROLOGY y _ .— Oxidized Root Channels yes =Lu� , Depth Water -Stained Leaves hole, Depth _13 m Depression _Assumed -Explain , Height m Czme Neunal lestUndctermined-Explain: osits Vegetazion Other - Explain. Inundated, Depth in _ Oxidized Root Channels Yes _ Saturated Sort, Depth in. _ W atcrStaiaed Leaves 1� ° Assumed - Explain: Water in borehole, Depth in. _ Mapped Hydric Soil, Depression _ _ _ Water Marks, Height in. _ FAC-Neutral Test Undetermined - Explain: Drift Lines _ Topographic Position _ — Sediment Deposits Flattened Vegetation: 26105 Wild Row Lam, Shorewood, Mi=m 55331, Phone 952-401.8757, Fax 952-401-8798 �....: •: `—PrgectlSite �/YLl"' /� I Sample Point ID Y � � VEGETATION SAMPLE POINT- =====vwrwa% mod• wA Jnd Status; S T 20° Q00/o rR V S T > 0% QO% H V S T >200/- Q0% H V S T >20% Q0% H V S T >20% QO% H V S T >20% Q0% H V S T >20% Q0% H V S T >20% Q0% H V S T >20% Q0% H V S T >20% Q0% Remarks: Ha inants (>20% Cover) FAC or Watter. ■ SAMPLE POINT- sVp1l& wA s qa s tt%11F�Y Speciekk .,('-c.t�lti: StatU3 V S T t V S T H V S T >20% Q0% H V S T >200/6 Q00/- H V S T 7200/, Q0% H V S T >200/c QO% H V S T >200/0 Q00/0 H V S T >20% Q00/b H V S T >20% QO% H V S T >20% Q00% Remarks: % Dominants (>20% Cover) FAC or W~ WETLAND DETERMINATION • CAMPI C PfNWT. I _—1dm_alde ositls '�—' Does an Atypical Situation Exist? Yes Does an Atypical Situation Exist? Yes Does an Atypical Situation Exist? __Yes Remarks: CAMPI C PrUNT_ --Y � Me _u°sido .- wr— 1 No Does an Atypical Situation Exist? _Yes _ ,.G o Does an Atypical Situation Exist? _Yes No Does an Atypical Situation Exist? _Yes Remarks: Page 2 1 e' KJOu � T r�r LHA G ENVIRONMENTAL SERVICES COMPANY RovrYg Soun4 Baked. Cprrpdiensa a Natural Remmoe Sokjbo Letter of Transmittal TO: NAME COMPANY Project Lori Haak City of Chanhassen Galpin Road Site CC: Tom Heiland Marty Campion Klingelhutz Companies Otto Associates FROM: NAME DATE Copies Description Kelly Dlouhy 12/5/02 1 Wetland Determination Report RE: ❑ FYI 0 For Your Review ❑ Please Reply ❑ As We Discussed • Comments: Enclosed is a copy of the wetland determination report for the Klingelhutz Development near Galpin Road. I ask that you review the report as we are seeking a letter of approval regarding this site. Please inform me of any arrangement for an on - site review and contact me with any questions. RECorIVED DcL; 0 6 Z002 CITY OF CHANHASSEN 26105 Wild Rose Lane, Shorewood, Minnesota 55331, Phone: 952401-8757, Fax: 952401-8798 cc�rrroe Date: February 20, 2004 To: Development Plan Referral Agencies From: Planning Department City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 By: Robert Generous, Senior Planner Subject: Request for rezoning of 3.09 acres from A2, Agricultural Estate District to RSF, Single -Family Residential; subdivision approval creating four lots with a variance request; and a conditional use permit for development within the Bluff Creek Corridor, Klingelhutz Development, Walnut Grove 2°d Addition Planning Case #: 04-10 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on February 12, 2004. The 60day review period ends April 12, 2004. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on March 16, 2004 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than March 5. 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Soil Conservation Service 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. CenterPoint Energy Minnegasco 7. MN Dept. of Natural Resources 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other- 14. Date: February 20, 2004 To: Development Plan Referral Agencies From: Planning Department cti` zlzoloN City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 By: Robert Generous, Senior Planner Subject: Request for rezoning of 3.09 acres from A2, Agricultural Estate District to RSF, Single -Family Residential; subdivision approval creating four lots with a variance request; and a conditional use permit for development within the Bluff Creek Corridor, Klingelhutz Development, Walnut Grove 2°d Addition Planning Case #: 04-10 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on February 12, 2004. The 60day review period ends April 12, 2004. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on March 16, 2004 at 7:00 p.m, in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than March 5, 2004. You may also appear at the Planning Commission meting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Soil Conservation Service 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. CenterPoint Energy Minnegasco 7. MN Dept of Natural Resources 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other- 14. 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N10 p •j� .\`°� t�09• �S \ �'�sj ,e?j?�• 1 Oh '� DRAINAGE 8c unuTY ? W 104 g 54.92 55.14-51.21_ m4 • ,�o� !a .w� o�' O� �� EASEMENT OVER. UNDER ?' •NAza.s..__ 9-i't,, �(' T u � T Tyr 1 joLl AuG ENVIRONMENTAL SERVICES COMPANY Prot iding Sound, Balanced Comprehensh c Natural Resouree Solutions Galpin Road Site Chanhassen, Minnesota Wetland Determination Report Prepared for Klingelhutz Developments by Kjolhaug Environmental Services Company, Inc. (KES Project No. 2002-191) December 04, 2002 • Galpin Road Site Chanhassen, Minnesota Wetland Determination Report I. INTRODUCTION The Galpin Road Site was examined on November 13th, 2002 for the presence and extent of areas meeting the jurisdictional definition of wetland. The subject site was located in the Southwest '%4 of Section 10, Township 116 North, Range 23 West, City of Chanhassen, Carver County Minnesota. The site consisted of an approximately 3-acre lot located east of Galpin Lake Road (county Road No. 117) and South of Walnut Curve (Figure 1). Adjacent land use consisted of single-family homes to the north and west, town homes to the east, and small businesses to the south. Bluff Creek bisected the southern portion of the site and is bordered by steep forested slopes. The northern portion of the site is a combination of mowed residential lawn and unmaintained open areas with scattered trees. H. METHODS The examination was conducted using standard methodology as described in the Corps of Engineers Wetlands Delineation Manual (Waterways Experiment Station, 1987) as required by Section 404 of the Clean Water Act and the Minnesota Wetland Conservation Act. Soils were characterized to a minimum depth of 18-20 inches utilizing Munsell Soil Color Charts and standard sod texturing methodology. Plant species dominance was estimated based on the percent aerial or basal coverage within a 30- foot radius of sample points for the tree and shrub layers and a 5-foot radius for the herbaceous layer within the community type being sampled. Plants were identified using standard regional plant keys. Taxonomy was based on the Manual of Vascular Plants of Northeastern United States and Adjacent Canada, Ed 2 (New York Botanical Garden, 1991). Indicator status of plant species was taken from the National List of Plant Species That Occur in Wetlands: 1988 Minnesota (U.S. Fish & Wildlife Service, 1988). M. RESULTS • _Review of NWI DNR Soils and City of Chanhassen Information • The National Wetland Inventory Map (NWI) (U.S. Fish & Wildlife Service, 1989, Shakopee • Quadrangle) showed one PFOIC wetland on the property (Figure 2). The DNR Protected Waters Map, Carver County, Minnesota (Minnesota DNR, 1996) showed • one DNR Public Watercourse, Bluff Creek, on the property (Figure 3). 40 • The Soil Survey of Hennepin County, Minnesota (USDA, 1968, Sheet 20) showed Glencoe • silty clay loam (Ge), Lester loam, 6 to 12 percent slopes, eroded (LaC2), and Hayden Loam, 12 to 18 percent slopes, eroded (HaD2) within the project site (Figure 4). Glencoe silty clay loam • was listed by the Natural Resources Conservation Service as an hydric soil. • • The City of Chanhassen Wetland Classification Map (City of Chanhassen) showed Bluff Creek • as wetland number Al0-13(2)(A) (Figure 5). • • Wetland Determinations • The following description reflects field conditions observed at the time of the delineation. At the • time of the delineation, the area had experienced above normal precipitation levels, vegetation • was dormant and temperatures were in the mid 30's. • The northern portion of the project site consisted of a sloped residential housing lot with mowed • lawn and an unmowed area dominated by reed canary grass and occasional box elder. Eastern • cottonwood, Canada thistle, common burdock, honeysuckle and common buckthorn (Figure 6). • Two sample points were completed in this area Soils at sample point one (Appendix A) were • dark brown to black, silty clay loam to greater than 24 inches. Water was observed at 23 inches • from the soil surface and no other indicators of wetland hydrology were observed. Soils at • sample point two (Appendix A) were also dark brown to black clay loam to 36 inches with no • water observed within the soil pit and no other indicators of wetland hydrology found. • Personal communication with the landowner confirmed that there was formerly a field access • road running east off of Galpin Road into this area A 12-inch culvert was found here which • likely ran under the former access road. The landowner further stated that until recently, the entire area up to the forested slope was mowed lawn. • This area was determined to be non -wetland based on the lack of wetland hydrology indicators, • landscape position (sloped, see Figure 6), and presence of obligate upland species scattered • throughout the area such as Canada thistle, common burdock and common buckthorn. The area indicated as PFO1C wetland on both the NVA map and the Chanhassen Wetland • Classification Map was a steep wooded slope associated with Bluff Creek. Dominant vegetation in the wooded area along the creek included American elm, common buckthorn, box elder, and • burdock, with some btu oak, Virginia water -leaf and garlic mustard. • This area was determined to be non -wetland based on the lack of dominant hydrophytic • vegetation and the lack of wetland hydrology. • • • • • 2 0 One portion of the slope contains a deep gully just before it meets Galpin Road to the west. A small intermittent drainage way (approximately 1 foot wide) drained out of rip -rap and debris at the base of the gully and into Bluff Creek. This area was determined to be non -wetland because it was an intermittent stream IV. SUMMARY There are no areas on the Galpin Road Site meeting wetland criteria as defined by the Corps of Engineers Wetlands Delineation Manual. If you have any questions regarding my assessment, please contact me at 952-401-8757. 3 V. CERTIFICATION OF DELINEATION The procedures utilized in the described delineation are based on the COE 1987 Wetland Delineation Manual as required by Section 404 of the Clean Water Act and the Minnesota Wetland Conservation Act. Both the delineation and report were conducted in compliance with regulatory standards in place at the time the work was completed. Delineatioi Reviewed telly Dlouhy, Wetland Ecologist Date: 12/03/02 Professional Wetland Scientist No. 000845 4 Galpin Road Site Wetland Determination Report Figures: • Figure 1 — Site Location Map • Figure 2 — NWI Map • Figure 3 — DNR Protected Waters Map • Figure 4 — Soil Survey Map • Figure 5 — City of Chanhassen Wetland Classification Map • Figure 6 — Topographic Area Map Note: Site boundaries on this figure are approximate and do not constitute an official survey product. Site Location 1— Site Location KJOLHAUG ENVIRONMENTAL sEMCEs COMPANY Galpin Road Site (KES No. 2002-191) Chanhassen, Minnesota +N No Scale Note: Site boundaries on this Spare are approximate and do not constitute an official survey product Fyt rt 1RC Lake A PEM� srss L � P PfptC ' r'EIW-A M fEMC PEMA4 Site Location ' M Ti ,C1 OIC pEMC 7 rFrnc , PSSIr- ` PFOIC PEW PF THE PE�1Aa Peiruu j MC PCMU i PE eM� PEh1Cd PEM11d I ., PF04►a y I EEM Figure 2 — NWI Map Galpin Road Site (KES No. 2002-191) Chanhassen, Minnesota &4 TN Scale: 1 inch � 1,150 feet IiJOLHAUG ExvmoxMErrrAL SERVICES COMPANY Note: Site boundaries on this figure are approximate and do not constitute WOA an official survey product. 'i zc j Ha�2Ge -IAE,1�r>A IdaC NaF LAKE HaDY Ge eO HaB Pd VO, G HaB Sk Sk \ - Ge mti �a� a ji L HaC FIaD' HaC2H,, Pd may �. = Hc03 HaE HaE1 `Z'ap'L�;:,' yae ac ,1aC �a HaF T 0 A I,aF Pm Pm .'HaD TeB m Sk Sk L.1 y� �Q Lar Z HaC2 y ��� HaCZ HaE2 HaC cps Z s: � HaQ �aFL Ge Pm HaQ Pd LaB HaD'1 ,� 6„Ha[3, e tid 9 y HaC2 HaC2 do Ge Site Location ae y a Ge-Glencoe silty clay loam k w� ti Pd Ov, V`L HaD2-Hayden Loam, 12 to 18 percent L. Ge a a6 �a slopes, eroded H Ge LaD2 La Lam -Lester loam, 6 to 12 percent slopes p eroded Yll aC HaD7 LaC2 - Pd Ge G Ge p LaD2 <ae N Ge . `a La C HaD2 ? ydO o ? v �aD� LaB a� \ La HaD2 Ge.i Lab i nu -- --CIN �a 'H2 !Joins sheet 28) vigure 3 — Noll M1 Galpin Road Site (KES No. 2002-191) Chanhassen, Minnesota KjoLHAuG ENVIRONMENTAL SERVICES COMPANY +N Scale: 1 inch — 880 feet ►w 4 — DNR Protected Waters Galpin Road Site (KES No. 2002-191) Chanhassen, Minnesota i TN Scale: 1 inch — 1950 feet KjOLHAUG ENVIRONMENTAL SERVICES COMPANY Note: Site boundaries on this figure are approximate and do not constitute an official survey product. AS-s(tj ` (N) ...... 7 A10-120 )— A10�3(2 Site Location i A) 0-14(1) :.......... .... .. N .../ A j'N At)(2) `A15 .VJ N ,M cy; * A15-2(1) r A 5 — City of Chanhassen Wetland Galpin Road Site (KES No. 2002-191) Chanhassen, Minnesota �(T LTA HA KjoLuG ENVIRONMENTAL SERVICES COMPANY +N Scale: 1 inch =745 feet �v gggq•q �oo�o a aia ?quo :• x n �� ao�nma • denotes iron monument found p denotes iron pipe set and marked orro„au as shown: aRa�OW B denotes soil boring G denotes percolation test hole i \ FIGURE 6 ,-*-60' Topographic Survey on parcel in the SW 114 of Klingelhutz Development Sec. 10, T. 116, R. 23, Date: Drown By: Scale: Checked By: Carver County, Minnesota 11119102 D.N.A. 1 "=40' AYO hereby certify that this survey, on, or report was prepared by me under my direct supervision and at I am a duly Licensed Land irveyor under the laws of the ate of Minnesota. Web Site: wwmattoassociates.com BWest Division L/TTO 6uHalo, MNN5313 13 SSOCIATES Ph: (763)682-4727 Fax: (763)682.3522 and Land 5urvevors. Inc. Job No. 1—n7—n4i1q)q n I 4 Ho go- 00000 '0000'o $ooYo g45gCCa oa � a • denotes iron monument Q denotes iron pipe set and marked as shown: denotes soil boring G denotes percolation test hole Topographic Survey on parcel in the SW 114 of Sec. 10, T. 116, R. 23, CpUA( i-�'- 96 Rpq� No Klingelhutz Development Dale: I Drawn By: Carver County, Minnesota 111119102 1 D.N.A tole: Checked By: 1 "=40' & c/ Y § ygb/ J ^i eo / /t <' AV _✓' 00 % T/ \mob \ \ I J \ FIGURE 6 1 "----60' hereby certify that this survey, on, or report was prepared by me under my direct supervision and at I am a duty Licensed Land irveyor under the laws of the '.ote of Minnesota. E. Otto Web Site: www.ottoassoeiates.com 0 QSsOcIATES 9 West Division St. TT Buffalo, MN 55313 Ph:(763)6824727 Fax:(763)682.3522 Engineers and Land Survevors. Inc. No. 1—n7—nriFR Galpin Road Site Wetland Determination Report Appendix A: Data Forms H� ��� KJOL- A is ENVIRONMENTAL SERVICES COMPANY Project/Site: f)lN U Date: /3 0 Investigator(s): VA/t}Vj K%DGOF BasirVArea ID: '_M / Sample Pt. ID: '1 (ap SOILS /�/ ceaaoi c Gn[MT- / --`de _NIA Mapped Soil Type: C.7`01A'I2I l!55 r/�Ile Depth (in.) Matrix Color Mottle Colors Mottle abund./conVast Texture. Structure, etc. - G Field Indicators of Hydric Soils (Midwest Region) USDA, March 1998. (A = all Bolls, 8 a sandy cobs, F e loamy a clayey Soils) March. _ Al . Histosol _ A9,10. 1-2 cm Muck _ S6. Stripped Matrix _ F5. jck Dark Surface Dark Surface FLstic Epipedon _ Sl. Sandy Mucky Material _ Loamy Mucky Material ox F2. Loamy Gleyed Matrix F7. Depleted Dark Surface _ A3. Black His[ic _ A4. Hydrogen Sulfide _ S3. Mucky Peat/Peat _ S4. Sandy Gleyed Matrix _ _ _F3. Depleted Mattix _ F8. Redox Depressions _ A5. Stratified Layers _ S5. Sandy Redox _ F4. Depleted Below Dark Surface Hydric Soil? es _No Undetermined Remarks: n SAMPLE onlld _ �_ - . - _ NIA Mapped Soil Type: L/- cy.0 (iat.( Mottle Colors SAMPLE POINT- ! _watvca HYDROLOGY' �- ✓A Primary Hydrology Indicators I seconaary nyuruwyy n,un..-,a t• •--,-, -------- -- Inundated, Depth in. Oxidized Root Cbanoels Yes _ Satur fed Soil, Depth in. WaterStamed Leaves �� -Explain: 7 Ater in borehole, Depth Z2 in Mapped Hydric Sotl, Depression _ Water Marks, Height m _ FAC-Neutral Test Undetermined - Explain Drift Lines _ Topographic Position Sediment Deposits _ Flattened Vegetation - Dratnaee Panems Other - Explain Inundated, Depth _ _ Saturated Soil, Depth _ _ Water in borehole, Depth _ Water Marks, Height _ _ Drift Lines _ Sediment Deposits Dramatic Patterns M. Oxidized Root Channels in. W'aterStamed Leaves m. Mapped Hydric Soil, Depression in. FAC-Neutral Test _ Topographic Position Flattened Vegetation Yes - 0 Assumed - Explain Undetermined - Explain 26105 Wild Rose Lars, Sho wood, M,nnesaa 55331, Ph ne 952-401-8757, Fax. 952-401-8798 ProjecuSite Nlet—:/i' Sample Point ID sy Z— VEGETATION SAMPLE POINT- w§rirae —ksP-side NIA Sopcias Stratum %Cover Ind. Status c n V S T > 0% <20% H V S T >200/a Q00/0 H V S T >200/0 Q0% H V S T >20% <20% H V S T >200/t <20% H V S T >20% <20% H V S T >20% <20% H V S T >20% <200/0 H V S T >20% <20% Remarks: % Dominants (>2o% cover) FAG or Wetter: i / NIA l H Stratum V S V S V S T T T % Coverxx. ;Ind.`Status 200 Q0% `Y' O f— >20% <200 >20% <20% S ecies IlaL11 H V S T >20% <20% H V S T >200/, <200/0 H V S T >20% <20% H V S T >20% QO% H V S T >20% <20% H V S T >20% <200/0 H V S T >20% <20% %Dominarts (>20% over) FAG or Wetter: Remarks: WETLAND DETERMINATION ....iM. .---NIA — — — Hydrophytic Vegetation Present? as No Does an Atypical Situation ❑yust- _ _s Wetland Hydrology Present? 1_�.G� Does an Atypical Situation Exist? _Yes Hydric Soils Present? es �Noo Does an Atypical Situation Exist? _Yes Is the area a wetland') Yes � o Remarks Distance from Wetland Edge ft.� SAMPLE POINT- 7 _ wet3Rle Upside --wr Hydrophytic Vegetation Present? as No Does an Atypical Situation Exist? _Yes Wetland Hydrology Present? `Yes —,..�o Does an Atypical Situation Exist? .Yes Hydnc Soils Present? =/ es .Noo Situation an Atypical Situan Ebst1 Yes Is the area a wetand7 Yes �—o Remarks: Distance from Wetland Edge ft. /A COMMUNITY SUMMARY Overall Dominant O� erall Dominant Vegetation: Vegetation: A1-1kAz I Remarks. Page 2 July 7, 2004 CITY OF CI1H1111HJSEN �' John Klingelhutz Klingelhutz Development 7700 Market Boulevard 350 East Highway 212 PO Box 147 Chaska, MN 55318 Chanhassen, MN 55317 Administration Re: Walnut Grove 2nd Addition - Planning Case No. 04-10 Phone: 952.227.1100 Far 952.227.1110 Dear Mr. Klingelhutz: Building Inspections Phone:952.227.1180 On June 14, 2004, the Chanhassen City Council approved the final plat for Fax:952.227.1190 Walnut Grove 2°d Addition creating four lots and one outlot, with lot width variances for Lots 2, 3 and 4 and a one -foot side yard setback variance for Lots 2, Engineering Phone: 952227.1180 3 and 4, subject to the following conditions: Fax: 952.227.1170 1. The developer shall pay $8,400.00 in park dedication fees at the time of final Finance Phone:952,227.1140 plat recording. Fax: 952.227.1110 2. A final grading plan and soils report must be submitted to the Inspections Park & Recreation Phone:952.227.1120 Division before permits will be issued. Fax: 952.227.1110 Becrealion center 3. The old individual sewage treatment site for the existing home must be 2310 Coulter Boulevard in accordance with MPCA regulations. Phone: 952.227.1400 abandoned Faz:952.227.1404 4. A 10-foot clear space must be maintained around fire hydrants, i.e. street Planning & lamps, trees, shrubs, bushes, Qwest, Xcel Energy, Cable TV and transformer Natural Resources boxes. This is to insure that fire hydrants can be quickly located and safely Phone:952.227.1130 Fax: 952.227.1110 operated by firefighters. Pursuant to Chanhassen City Ordinance #9-01. WOB� 5. "No Parking Fire Lane" signs will be required on the new private street. 15911rP Phone:952,227.1300 Pursuant to Chanhassen Fire Prevention Policy #06-1991. Copy enclosed. Fax: 952.227.1310 6. Tree preservation fence shall be installed at the edge of the grading limits prior Senior center Phone:952.227.1125 to any construction. Fencing shall protect trees on proposed lots as well as trees Fax: 952.227.1110 in neighboring properties located next to the grading limits. Web Site www.ci.chanhassen.mn.us 7. Any trees lost due to construction that are not shown as such on plans shall be replaced at a rate of 2:1 diameter inches. 8. A minimum of one overstory tree will be required in the front yard of each lot. One overstory tree, two understory trees, and four shrubs shall be planted along Galpin Boulevard on Lots 2 and 3. 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. Mr. John Klingelhutz • • Walnut Grove 2°d Addition April 16, 2004 Page 2 9. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. 10. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around the wetland. The wetland buffer shall be 0 along the east side of the wetland and 20 feet on the north and west sides. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 11. The grading and erosion control plan shall show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland buffer or, if no buffer is to be preserved, from the delineated wetland edge. 12. The primary zone boundary shall be amended to include the wooded area in the rear (westernmost) portion of Lot 4. 13. A conservation easement shall be dedicated over the primary zone. All structures shall maintain at least a 40-foot setback from the primary zone. No disturbance of the site shall occur within the fast 20 feet of the setback. Open space shall comprise 100% of the primary zone. 14. Riprap and geotextile fabric shall be installed at the flared end sections of the inlet and outlet of the storm water pond. 15. Type III silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. Silt fence shall be provided as needed to prevent sediment from leaving the site. 16. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. 17. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: Type of Slove Steeper than 3:1 10:1 to 3:1 Flatter than 10:1 Stabilized within 7 days 14 days 21 days These areas include 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. 18. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed Mr. John Klingelhutz • • Walnut Grove 2°d Addition April 16, 2004 Page 3 19. Based on the proposed developed area of approximately 1.64 acres, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $3,360.00. 20. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Health, Carver County, Metropolitan Council Environmental Services, etc. and comply with their conditions of approval. 21. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 22. Sanitary sewer and water hookup charges are applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. Hook-up charges are based on the number of SAC units assigned by the Met Council for each lot. 23. The applicant must enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 24. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 25. Seed and mulch or sod the site within two weeks of grading. Submit a haul route for City approval prior to any hauling. 26. The driveway easement must be 30 feet wide with 20 feet of hard -surface pavement and built to a 7-ton design. 27. Submit an inspection report certifying that the private street is built to a 7-ton design. 28. Elevation of lowest house opening must be two feet above high water level of the proposed pond. 29. Structure setbacks shall comply with the following table: Setbacks: front, rear, side, Bluff Creek primary zone, wetland buffer Lot 1 30, 30, 10, na, na Lot 2 30, 30, 9, na na Lot 3 30, 30, 9, 40, 40 Lot 4 30, na, 9, 40, 40 Mr. John Klingelhutz • • Walnut Grove 2ud Addition April 16, 2004 Page 4 30. Show the watermain pipe size and type on the watermain profile sheet. 31. Add the City erosion control fence Detail Plate No. 5300. Enclosed is the development contract for the project. Please return the executed development contract with a letter of credit or cash escrow for the public improvements and a check for the administrative fees. Two signed mylar copies of the final plat shall be submitted to our office for signatures along with the signed development contract, the required easements and all required financial security and fees. Two 1"=200' scale mylar reductions of the final plat and one 1"=200' scale mylar reductions of the final plat with just street names and lot and block numbers shall be submitted. In addition, a digital copy in Axf format and a digital copy in .tif format (pdf compatible) of the final plat shall be submitted. The city will submit all the necessary documents to Carver County for recording of the subdivision. Should you have any questions, please feel free to contact me at (952) 227-1131. Sincerely. Robert Generous, AICP Senior Planner Enclosure ec: Lod Haak, Water Resource Coordinator Matt Saam, Assistant City Engineer Steve Torell, Building Official gAplan\2004 planning cases\04-10 -walnut grove 2nd addition\ final plat approval letter.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA WALNUT GROVE 2' ADDITION DEVELOPMENT CONTRACT (Developer Installed Improvements) TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROVAL............................................................................SP-1 2. CONDITIONS OF PLAT APPROVAL........................................................................SP-1 3. DEVELOPMENT PLANS............................................................................................SP-1 4. DdPROVEIVIENTS........................................................................................................SP-2 5. TIME OF PERFORMANCE......................................................................................... SP-2 6. SECURITY....................................................................................................................SP-2 7. NOTICE.........................................................................................................................SP-3 8. OTHER SPECIAL CONDITIONS................................................................................SP-3 9. GENERAL CONDITIONS............................................................................................SP-6 GENERAL CONDITIONS 1. RIGHT TO PROCEED.................................................................................................GC-1 2. PHASED DEVELOPMENT.........................................................................................GC-1 3. PRELIMINARY PLAT STATUS................................................................................GC-1 4. CHANGES IN OFFICIAL CONTROLS......................................................................GC-1 5. IMPROVEMENTS.............................................................. ................... ...................... GC-1 6. IRON MONUMENTS.................................................................................................. GC-2 7. LICENSE......................................................................................................................GC-2 8. SITE EROSION CONTROL........................................................................................GC-2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING....................................................................................................................GC-2 9. CLEANUP...................................................................................................................GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS....................................GC-3 11. CLAIMS........................................................................................................................GC-3 12. PARK DEDICATION..................................................................................................GC-3 13. LANDSCAPING..........................................................................................................GC-3 14. WARRANTY...............................................................................................................GC-4 15. LOT PLANS.................................................................................................................GC-4 16. EXISTING ASSESSMENTS.......................................................................................GC-4 17. HOOK-UP CHARGES.................................................................................................GC-4 18. PUBLIC STREET LIGHTING.....................................................................................GC-4 19. SIGNAGE.....................................................................................................................GC-5 20. HOUSE PADS..............................................................................................................GC-5 21. RESPONSIBILITY FOR COSTS.................................................................................GC-5 22. DEVELOPER'S DEFAULT.........................................................................................GC-6 22. MISCELLANEOUS A. Construction Trailers........................................................................................GC-6 B. Postal Service....................................................................................................GC-6 C. Third Parties......................................................................................................GC-7 D. Breach of Contract............................................................................................GC-7 i E. Severability .......................................................................................................GC-7 F. Building Permits...............................................................................................GC-7 G. Waivers/Amendments.......................................................................................GC-7 H. Release..............................................................................................................GC-7 I. Insurance...........................................................................................................GC-7 J. Remedies...........................................................................................................GC-7 K. Assignability .....................................................................................................GC-8 L. Construction Hours...........................................................................................GC-8 M. Noise Amplification..........................................................................................GC-8 N. Access...............................................................................................................GC-8 O. Street Maintenance............................................................................................GC-8 P. Storm Sewer Maintenance................................................................................GC-8 Q. Soil Treatment Systems....................................................................................GC-9 R. Variances...........................................................................................................GC-9 S. Compliance with Laws, Ordinances, and Regulations......................................GC-9 T. Proof of Title.....................................................................................................GC-9 U. Soil Conditions.................................................................................................GC-9 V. Soil Correction..................................................................................................GC-9 W. Haul Routes......................................................................................................... GC-10 X. Development Signs..............................................................................................GC-10 Y. Construction Plans...............................................................................................GC-10 Z. As -Built Lot Surveys...........................................................................................GC-10 li C CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) WALNUT GROVE 2No ADDITION S CIAi PROVISIONS AGREEMENT dated June 14, 2004 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, KLINGELH= DEVELOPMENT, INC., a Minnesota corporation (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for Walnut Grove 2nd Addition (referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Final plat approved June 14, 2004, prepared by Otto Associates. Plan B: Grading, Drainage and Erosion Control Plan dated May 27, 2004, prepared by Otto Associates. Plan C: Plans and Specifications for Improvements dated May 27, 2004, prepared by Otto Associates. SP-1 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Site Grading/Restoration G. Underground Utilities (e.g. gas, electric, telephone, CATV) H. Setting of Lot and Block Monuments I. Surveying and Staking J. Landscaping K. Erosion Control 5. Time of Performance. The Developer shall install all required improvements by November 15, 2004. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $59,667.00. The amount of the security was calculated as 110% of the following: Site Grading/Restoration Sanitary Sewer Watermain Storm Sewer, Drainage System, including cleaning and maintenance Erosion control Engineering, surveying, and inspection Landscaping TOTAL COST OF PUBLIC IMPROVEMENTS $ 17,822.00 $ 11,520.00 $ 10,406.00 $ 4,695.00 $ 54.243.00 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without notice, for any violation of the terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it SP-2 down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot comers have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Thomas R. Heiland Klingelhutz Development, Inc. 350 East Highway 212 Chaska, MN 55318 952-448-3330 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by registered mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone (952) 227-1100. 8. Other Special Conditions. A. The applicant shall enter into the development contract and supply the City with a cash escrow or letter of credit in the amount of $59,667.00 and pay an administration fee of $13,924.00. B. The developer shall pay $8,400.00 in park dedication fees at the time of final plat recording. C. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. D. The old individual sewage treatment site for the existing home must be abandoned in accordance with MPCA regulations. E. A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, 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 #9-01. F. "No Parking Fire Lane" signs will be required on the new private street. Pursuant to Chanhassen Fire Prevention Policy #06-1991. Copy enclosed. SP-3 F- L G. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall protect trees on proposed lots as well as trees in neighboring properties located next to the grading limits. R Any trees lost due to construction that are not shown as such on plans shall be replaced at a rate of 2:1 diameter inches. L A minimum of one overstory tree will be required in the front yard of each lot. One overstory tree, two understory trees, and four shrubs shall be planted along Galpin Boulevard on Lots 2 and 3. J. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. K. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around the wetland. The wetland buffer shall be 0 along the east side of the wetland and 20 feet on the north and west sides. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. L. The grading and erosion control plan shall show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland buffer or, if no buffer is to be preserved, from the delineated wetland edge. M. The primary zone boundary shall be amended to include the wooded area in the rear (westernmost) portion of Lot 4. N. A conservation easement shall be dedicated over the primary zone. All structures shall maintain at least a 40-foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone. O. Riprap and geotextile fabric shall be installed at the flared end sections of the inlet and outlet of the storm water pond. P. Type III silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. Silt fence shall be provided as needed to prevent sediment from leaving the site. Q. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. R. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: SP-4 Type of Slove Stabilized within Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days These areas include 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. S. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. T. Based on the proposed developed area of approximately 1.64 acres, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $3,360.00. U. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Health, Carver County, Metropolitan Council Environmental Services, etc. and comply with their conditions of approval. V. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. W. Sanitary sewer and water hookup charges are applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. Hook-up charges are based on the number of SAC units assigned by the Met Council for each lot. X. The applicant must enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Y. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. Z. Seed and mulch or sod the site within two weeks of grading. Submit a haul route for City approval prior to any hauling. AA. The driveway easement must be 30 feet wide with 20 feet of hard -surface pavement and built to a 7-ton design. SP-5 BB. Submit an inspection report certifying that the private street is built to a 7-ton design. CC. Elevation of lowest house opening must be two feet above high water level of the proposed pond. DD. Structure setbacks shall comply with the following table: Setbacks: front, rear, side, Bluff Creek primary zone, wetland buffer Lot 1 30, 30, 10, na, na Lot 2 30, 30, 9, na, na Lot 3 30, 30, 9, 40, 40 Lot 4 30, na, 9, 40, 40 EE. Show the watermain pipe size and type on the watermain profile sheet. FF. Add the City erosion control fence Detail Plate No. 5300. 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. SP-6 CITY OF CHANHASSEN f:3W (SEAL) I� Thomas A. Furlong, Mayor Todd Gerhardt, City Manager KLINGELHUTZ DEVELOPMENT, INC.: 4" STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) Thomas R. Heiland, President The foregoing instrument was acknowledged before me this _ day of , 20_, by Thomas A. Furlong, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 20_, by Thomas R. Heiland President of Klingelhutz DevelgRment. Inc.. a Minnesota corporation, on behalf of the corporation. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 NOTARY PUBLIC SP-7 C, E EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter comer of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet to a point on a 3452.34 foot radius curve, the center of circle of said curve bearing North 79 degrees 30 minutes 09 seconds West from said point; thence Southwesterly along said curve, a distance of 469.80 feet, central angle 07 degrees 47 minutes 49 seconds; thence South 18 degrees 17 minutes 40 seconds West along tangent, a distance of 64.00 feet to the actual point of beginning of the tract to be described; thence continuing South 18 degrees 17 minutes 40 seconds West, a distance of 282.12 feet; thence South 65 degrees 12 minutes 03 seconds East, a distance of 33.12 feet to a point that is hereafter referred to as Point A. Point A is described as beginning at the point of intersection of the Northerly right-of- way line of Minnesota Trunk Highway No. 5 and a line 33.00 feet Southeasterly of, measured at right angles to and parallel with the centerline of Carver County Road No. 117; thence on an assumed bearing of North 18 degrees 17 minutes 40 seconds East and parallel with the centerline of said Carver County Road No. 117, a distance of 725.00 feet to said Point A. Thence from said Point A, South 65 degrees 12 minutes 03 Southeast East, a distance of 268.73 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 316.33 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 300.00 feet to the point of beginning. IMiC That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter comer of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet; thence Southerly a distance of 383.79 feet along ME a curve not tangential with the last described line, said curve is concave to the West, has a radius 3452.34 feet and a central angle of 6 degrees 22 minutes 10 seconds and the chord of said curve bears South 13 degrees 40 minutes 55 second West to the point of beginning of the tract to be described; thence continuing Southerly, a distance of 86.01 feet along said curve concave to the West, having a radius of 3452.34 feet, a central angle of 01 degree 25 minutes 39 seconds; thence South 18 degrees 17 minutes 40 seconds West, tangent to said curve, a distance of 64.00 feet; thence South 71 degrees 42 minutes 20 seconds East, a distance of 300.00 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 150.00 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 301.07 feet to the point of beginning. Except Parcel 216C of Minnesota Department of Transportation Right of Way Plat No 10-08, according to the record plat thereof. SP-9 ski '• IRREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $ , available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated 2 , of (Name of Bank) b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) on or before 4:00 p.m on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Plymouth City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. I Its 00111 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHHiIT "B" 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title's Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Council Environmental Services and other pertinent GC-1 agencies before proceeding with construction. The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instinct its project engineer/inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The Developers surveyor shall submit a written notice to the City certifying that the monuments have been installed 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developers and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion control requirements. Erosion control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion control, the City will authorize the removal of the erosion control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion control measures. 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash escrow or letter of credit per lot shall also be furnished the City to guarantee compliance with City Code § 20-94. KI&A 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 12. Park Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Trees which can cause a public nuisance, such as cotton producing trees, or can be a public hazard, such as bug infestation or weak bark, are prohibited. The minimum tree size shall be two and one-half (2rh) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between October I through May 1 these conditions must be complied with by the following July 1st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of GC-3 incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 20-94 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer wan -ants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (25%) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is eighteen (18) months following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Existing Assessments. Any existing assessments against the plat will be re -spread against the plat in accordance with City standards. 17. Hook-up Charges. The Developer also acknowledges overall sanitary sewer and water trunk availability to the site and the hook-up charges established by the City as reasonable compensation for oversizing costs previously incurred, as well as, long-term maintenance. Said hook-up charges are collectible at time of building permit unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineers approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street GC-4 light installed in the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as -built" plans indicating the amount, type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for constriction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the fast $500,000 and two percent (2%) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (21h%) of construction costs for the fast $1,000,000 and one and one-half percent (11h%) of construction costs over $1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. In addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 20E of this Agreement. C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees GC-5 for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting the plat and record drawings into an electronic format. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is fast given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for percussion to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 23. Miscellaneous. A. Construction Trailers. Placement of on -site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre -construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmasters request. MO 9 • C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. L Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developers work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or GC-7 0 0 hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developers obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours. Construction hours for required improvements under this contract shall be from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 am. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or any recognized legal holidays. Under emergency conditions, this limitation may be waived by the consent of the City Engineer. Any approved work performed after dark shall be adequately illuminated If construction occurs outside of the permitted construction hours, the Developer shall pay the following administrative penalties: First violation Second violation Third & subsequent violations $ 500.00 $ 1,000.00 Nl site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. p. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off -site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and GC-8 maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2-year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration, unless suitable alternative sites are first provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. S. Compliance with Laws Ordinances and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. WatershedDistrict(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi -lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City GC-9 issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. W. Haul Routes. Bluff Creek Drive from Trunk Highway 212 to Pioneer Trail (CSAH 14) may not be used by the Developer, the Developer's contractors or subcontractors as a haul route for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer's telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of 11"xl7" reduced construction plan sets and three sets of specifications. Within sixty (60) days after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as -built plans, (2) two complete full-size sets of blue linelpaper as -built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as -built plans in both .dxf & .tif format (the Axf file must be tied to the current county coordinate system), and (8) digital file of utility tie sheets in either .doc or .tif format. The Developer is required to submit the final plat in electronic format. Z. As -Built Lot Surveys. An as -built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as -built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Rev. 3/31/04 MGM City Council Summary4une 14, 2004 • g. Walnut Grove 2°d Addition, Klingelhutz Development:* 1) Final Plan Approval 2) Approval of Plans & Specifications and Development Contract h. Highways of Bluff Creek, Plowshares Development: 1) Final Plat Approval 2) Approval of Plans & Specifications and Development Contract Stone Creek Town Offices, Eden Trace Corp/Stone Creek Office Group LLC: 1) Final Plat Approval 2) Approval of Plans & Specifications and Development Contract j. Countryside, Lundgren Bros. Construction: 1) Final Plat Approval 2) Approval of Plans & Specifications and Development Contract k. Burlwood 2°d Addition Final Plat Approval, McDonald Construction, Inc. 1. Resolution #2004-38: Consider Modification of 2004 CIP for Stormwater Quality Improvements for the 2004 Residential Street Improvement Project 04-01 n. Resolution #2004-39: Approve Transfers to Close Capital Project Funds and Debt Service Funds. o. Resolution #2004-40: Approve Change Order No. 4 for City Hall Lower Level Remodel, Gen -Con Construction. *All voted in favor, except Mayor Furlong abstained on item g, and the motion carried unanimously 4 to 0. VISITOR PRESENTATIONS: Tom Devine, 7640 South Shore Drive representing the South Lotus Lake Association, stated he was not aware of the water treatment program unfolding in their neighborhood until Friday night, but the association had prepared to do a brief overview of the South Lotus Lake Association's concerns relative to the park/tennis court and boat landing areas. He's had conversations with the Carver County Sheriffs Office, specifically Jim Olson about what can be done with enforcement of parking at the boat ramp. He talked about the history involved with planning and construction of the boat ramp, park and neighborhood and the promises that were made at that time. He voiced his disappointment in learning of the water treatment plant only last Friday night from Mayor Furlong that there's a decision to build or do something there and the mechanics is really what's on the table right now without getting the neighborhood involved. The last issue was the political effort it took from the neighborhood to build the trail along Highway 101 and his hopes that there isn't a political backlash happening from that effort. Staff 2 3, CITY OF CHANHASSEN 690 City Center Drive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.937.1900 General Fax 612.937.5739 Engineering Far 612937..9152 Public Safety Fax 612.934,2524 Web wwwti.chanharsen.mmus MEMORANDUM TO: Planning Commission FROM: Bob Generous, Senior Planner DATE: May 1, 2001 SUBJ: Rezoning/Land Use Options — Hennessey Property On March 12, 2001, staff initiated a land use amendment for this property from Residential — Low Density to Residential - Medium Density. The Planning Commission tabled the item to have staff review the potential development options for the property. As part of the review of the Walnut Grove development, the city stated that the Hennessey property should be developed as a townhouse project. However, at that time, the property owner was not a party to the development proposal. Currently, the extreme southern portion of the site is guided for residential - medium density (see land use map below). The southern portion of the site is also encumbered with the Bluff Creek Overlay primary zone (attached is a schematic of the estimated primary zone boundary). The property is currently zoned Agricultural Estate District, A2. A portion of the developable upland on the property is located south of Bluff Creek. Site Constraints The site contains approximately three acres of land. Of this amount, approximately one-third of the site is within the Bluff Creek primary zone, including the creek and the ravine and woodlands adjacent to it. Access to future development of the site will be via Baneberry Way West, a private street. Direct access to the property from Galpin Boulevard will be prohibited. At the time of platting, a minimum of 17 feet of right-of-way for Galpin Boulevard will be required. The City of Chanhassen. A growing community with dean lakes, quality schools, a charming downtown, thriving businesses, and beautiful parks. A great place to live, work, and Play Planning Commission May 1, 2001 Page 2 w1 ►m LAND USE Staff is looking at alternatives to resolve the potential future development of this parcel. To this end, we proffer the following alternatives based on an assumption of 2.59 net developable acres. Land Use Map Amendment from Residential — Low Density to Residential - Medium Density. The rezoning of the property would be done as part of the future development of the site. This option leaves potential development of the parcel undetermined until a future developer proposes a project. While the intent of the land use amendment was to permit a development that would be consistent with the Walnut Grove project. There is no certainty of the final development outcome. With a land use designation of medium density, the property could be developed as any project that maintains the four to eight units per acre net density. 2. Land Use Map Amendment from Residential — Low Density to Residential - Medium Density and rezoning of the property to Planned Unit Development — Residential (PUD-R) and develop design criteria that would permit development of up to 10 "craftman style" or "detached townhouse" homes similar to those in Walnut Grove or up to 13 single loaded attached townhouses. Walnut Grove developed at a net density of 5.77 units per acre. These two proposals have a net density of 3.86 and 5.02 units per acre. This option would be the most consistent with the surrounding development. It would give the neighbors the greatest surety of the potential future development of the property. It would also fulfill an implied consensus that the property should be developed with townhouses. 3. Leave the property guided Residential — Low Density. Development of the property would then be required to meet criteria for Planned Unit Development (PUD) with a minimum lot Planning Commission May 1, 2001 Page 3 size of 11,000 square feet and an average lot size of 15,000 square feet, Single Family Residential (RSF) with a minimum lot size of 15,000 square feet, or Mixed Low Density Residential (R4) which permits either single family detached homes on a minimuml5,000 square foot lot or twin homes on a minimum lot of 10,000 square feet per unit. Staff estimates that between four and six single family detached units would be developed or 10 twin units would be developed. This option requires no action by the city. Development of the property would be undetermined until a future developer proposes a project. However, this option does not accommodate the density transfer/clustering of development required by the Bluff Creek Overlay (BCO) district. It also may require approval of variances from the BCO standards. 4. Amend the Planned Unit Development (PUD) Ordinance to permit density transfer with attached and cluster housing within the Residential — Low Density district. Leave the property guided Residential — Low Density. This option would resolve the density transfer issue in Residential — Low Density lands. The ultimate development of the property would be undetermined until a development proposal is submitted. However, the ultimate density would be between 1.2 and four units per acre. Staff is requesting that the Planning Commission direct staff as to which option it should pursue. ATTACHMENT 1. Aerial topography with half section superimposed. 2. 1" =100' aerial topography with half section superimposed 3. Half section of property 4. Half section of property with potential setback delineated 5. Zero lot line potential configuration 6. Townhouse development potential configuration gAplanft\rnemo hennessey prop options.doc •k wt--- - r�twK-7EL)Cj— s -� 7 6 5 rn.13, w 25.0I�J�: IQ M -- 16 1 s o „ r' �- - 1 1S S3 Y 13 71 is 3 iT?� Te 29, 13 L � 21 f r n IT K 1 i s SO Ii II S✓ 3 S SS 10 aUp ar 300 - 1 ,14 _ ��`' �,' r `•ter a. t T " 1 it � 8 2 • i 'r 1 ` x s 12 .1 . � oeb V4, v z e ; 7 C�...13 .\ ------------ _� r 3 4 3p� fl� 6 25.0101600 7 q 8 ©0TC a oT 1 164.63 25.0101300 2 4 1 2 4 1 2.94 25.0101400 N / ,�- VFW- O C14 Lk -?0 72 0 2r 164.6, 1 5 01016 25D.0i0` CC)0 �s p m 1 P 0U� G1` i D4 r n` ,f 25.0101400 ell 164.63 3 1 h -Al 25-0101400 CITY OF 7700 Market Boulevard PO Boa 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227,1160 Fax 952.227,1170 Finance Phone: 952,227.1140 Fax 952.227.1110 Park d Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 coulter Boulevard Phone: 952.227.1400 Fax:952.227.1404 Planning 6 Natural Resources Phone: 952.227.1130 Fax 952.2271110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web She www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner 0 DATE: June 15, 2004 SUBJ: Walnut Grove 2°a Addition Final Plat, Klingelhutz Development Planning Case #04-10 PROPOSAL SUMMARY The developer is requesting final plat approval to subdivide three acres into four lots and one outlot. BACKGROUND On April 12, 2004, the Chanhassen City Council approved the following: • The rezoning of the property from Agricultural Estate District, A2, to Single Family Residential District, RSF. The preliminary plat for Walnut Grove Second Addition with lot width variances and one (1) foot side yard setback variances and a variance for the use of a private street. • Conditional Use Permit #2003-6 for development within the Bluff Creek Overlay District. BLUFF CREEK OVERLAY DISTRICT Bluff Creek flows through the southern portion of this property. The property also contains a forested riparian corridor and an aglurban wetland. The primary zone encompasses the forested area, the wetland, and the wetland buffer. At the time of preliminary plat approval, the developer stated that he was dedicating Outlot A to the City as permanent open space. Outlot A contains the majority of the Bluff Creek Primary zone on the property. A conservation easement is being recorded over those portions of the primary zone located on individual lots. LANDSCAPING/TREE PRESERVATION The development shall provide one overstory tree in the front yard of each new house outside of the drainage and utility easement. One overstory tree, two understory, trees and four shrubs shall be installed between the storm water pond and Galpin Boulevard. Tree preservation fencing shall be installed at the limits of tree removal. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. Planning Case No. 04-10 Walnut Grove 2nd Addition Location Map Mr. Todd Gerhardt • • Walnut Grove 2Id Addition June 14, 2004 Page 2 PARKS AND RECREATION The developer shall pay park dedication fees for the three new houses at the time of final plat recording. The 2004 fees are $2,800.00 per unit. GRADING. DRAINAGE & EROSION CONTROL The plans propose to grade about 30% of the site for the new house pads, a proposed private driveway and a stormwater pond. The proposed lots are located in the east central portion of the site. The proposed grading will prepare the site for look -out and walk -out house pads on Lots 2, 3 and 4, Block 1. The existing site drainage flows south toward the existing creek. The plans propose to convey the drainage from the northeast portion of the site to the private street and carry the stormwater via storm sewer to a proposed NURP pond. The remaining portion of the site will drain overland to the proposed stormwater pond and/or the creek. The applicant is proposing to use Type III silt fence along the south side adjacent to the secondary bluff creek line and type R silt fence along the east and west sides of the grading area. In addition, staff recommends that tree preservation fencing be installed at the limits of tree removal. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner. UTILITIES Municipal sewer and water service is available to the site from Baneberry Way. The existing house on Lot 1 is already connected to municipal sewer and water. The applicant is proposing to extend sewer and water lines along the private driveway to serve Lots 2, 3 and 4. According to the City's Finance Department records, the parcel was previously assessed for one sanitary sewer and water hookup. Since the developer will be responsible for extending lateral sewer and water service to the lots, the sanitary sewer and water connection charges will be waived. However, the sanitary sewer and water hookup charges will still be applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. Hookup charges are based on the number of SAC units assigned by the Met Council for each lot. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Upon completion of the utility improvements, the utilities will be turned over to the City for maintenance and ownership. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, Department of Health, MCES, Carver County and Watershed District. Mr. Todd Gerhardt • Walnut Grove 2Id Addition June 14, 2004 Page 3 STREETS The applicant is proposing two accesses to the proposed lots. On the northwest corner of the parcel, an existing access off Galpin Boulevard will be utilized to serve the existing house on Lot 1. Another proposed new access off Baneberry Way will be servicing Lots 2, 3 and 4 as a private street. As such, the private street easement must of 30-feet wide with 20 feet of hard - surface pavement and built to a 7-ton design. The developer must submit an inspection report certifying that the private street is built to a 7-ton design. The applicant is proposing a hammerhead turnaround. At this stage, the Engineering Department and the Fire Marshal are fine with the proposed turnaround and the removal of the existing temporary cul-de-sac at the end of Baneberry Way. COMPLIANCE TABLE Frontage Depth Area Code 90 125 15,000 Lot 1 104 250 26,051 Lot 2 61.01* 250 15,247 Lot 3 60.1* 250 15,019 Lot 4 60.9* 250 15,219 Outlot A 41,198 Gal in Boulevard 21,866 Total 134,600 *A lot width variance is being approved with the plat for Lots 2, 3 and 4. REVIEW CONDITIONS OF APPROVAL 1. At the time of final plat recording, the developer shall pay full park dedication fees for the three lots that are subject to park dedication fees. * This condition shall be modified as follows: The developer shall pay $8,400.00 in park dedication fees at the time of final plat recording. 2. Adjust the lot line(s) to assure that all lots meet or exceed the 15,000 square -foot minimum lot area. * This condition has been met. 3. Individual sewer and water services must be provided for Lots 1-4 and indicated on the plans. *This condition has been met. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. * This condition still applies. Mr. Todd Gerhardt • • Walnut Grove 2°a Addition June 14, 2004 Page 4 5. The old individual sewage treatment site for the existing home must be abandoned in accordance with MPCA regulations. *This condition still applies. 6. A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, 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 #9-01. * This condition still applies. 7. "No Parking Fire Lane" signs will be required on the new private street. Pursuant to Chanhassen Fire Prevention Policy #06-1991. Copy enclosed. * This condition still applies. 8. Conservation easements shall be dedicated overall areas within the Bluff Creek primary zone. *This condition is duplicated by conditions 16 and 17 and can be deleted. 9. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall protect trees on proposed lots as well as trees in neighboring properties located next to the grading limits. * This condition shall be modified as follows: Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall protect trees on proposed lots as well as trees in neighboring properties located next to the grading limits. 10. Any trees lost due to construction that are not shown as such on plans shall be replaced at a rate of 2:1 diameter inches. * This condition still applies. 11. Applicant shall submit landscape plans for review and approval prior to final plat approval. A minimum of one overstory tree will be required in the front yard of each lot. * This condition and condition 12 shall be combined as follows: A minimum of one overstory tree will be required in the front yard of each lot. One overstory tree, two understory trees, and four shrubs shall be planted along Galpin Boulevard on Lots 2 and 3. 12. Bufferyard plantings are required along Galpin Boulevard. Planting requirements are: 1 overstory tree, 2 understory trees, and 4 shrubs. * This condition shall be combined with the previous condition. Mr. Todd Gerhardt • • Walnut Grove 2°d Addition June14,2004 Page 5 13. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. * This condition still applies. 14. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around the wetland. The wetland buffer shall be 0 along the east side of the wetland and 20 feet on the north and west sides. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. * This condition still applies. 15. The grading and erosion control plan shall show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland buffer or, if no buffer is to be preserved, from the delineated wetland edge. * This condition still applies. 16. The primary zone boundary shall be amended to include the wooded area in the rear (westernmost) portion of Lot 4. * This condition still applies. 17. A conservation easement shall be dedicated over the primary zone. All strictures shall maintain at least a 40-foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone. * This condition still applies. 18. The proposed development shall maintain existing runoff rates. On -site stormwater ponding shall be sufficient to meet all City water quality and quantity standards. * This condition has been met. 19. A manhole with a two -foot sump shall be installed as the last road -accessible structure prior to discharge into the stormwater pond. * This condition has been met. 20. Riprap and geotextile fabric shall be installed at the flared end sections of the inlet and outlet of the storm water pond. * This condition still applies. Mr. Todd Gerhardt • • Walnut Grove 21d Addition June 14, 2004 Page 6 21. Drainage and utility easements shall be provided over all existing wetlands, wetland buffer areas and storm water infrastructure. * This condition has been met. 22. A drainage and utility easement shall be dedicated over the 9 feet either side of the property line between Lots 2 and 3 in order to accommodate access for future stormwater infrastructure maintenance. A drainage and utility easement shall be dedicated over the areas in the western portions of Lots 3 and 4 that are currently not encumbered by drainage and utility easements since water discharged from the stormwater pond will flow through this area as it moves toward the wetland. *This condition has been met. 23. Type III silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. Silt fence shall be provided as needed to prevent sediment from leaving the site. * This condition still applies. 24. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. * This condition still applies. 25. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: T)W of Sloe Steeper than 3:1 10:1 to 3:1 Flatter than 10:1 Stabilized within 7 days 14 days 21 days These areas include any exposed soil areas with a positive slope to a stormwater 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. 26. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. * This condition still applies. 27. Based on the proposed developed area of approximately 3.09 acres, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $11,041. Mr. Todd Gerhardt • • Walnut Grove 2°d Addition June 14, 2004 Page 7 * This condition shall be modified as follows: Based on the proposed developed area of approximately 1.64 acres, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $3,360.00. 28. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Health, Carver County, Metropolitan Council Environmental Services, etc. and comply with their conditions of approval. * This condition still applies. 29. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. * This condition still applies. 30. Sanitary sewer and water hookup charges are applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. Hook-up charges are based on the number of SAC units assigned by the Met Council for each lot. * This condition still applies. 31. The applicant will be required to meet the existing site runoff rates for the 10-year and 100- year, 24-hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements shall be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. * This condition has been met. 32. Tree preservation fencing must be installed at the limits of tree removal. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner. * This condition is a duplicate and can be deleted. 33. The applicant must enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. * This condition still applies. Mr. Todd Gerhardt • • Walnut Grove 2°d Addition June 14, 2004 Page 8 34. Submit detailed construction plans and specifications for the public utility improvements before final platting. * This condition has been met. 35. Construct public utility improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates. * This condition has been met. 36. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. * This condition still applies. 37. Seed and mulch or sod the site within two weeks of grading. Submit a haul route for City approval prior to any hauling. * This condition still applies. 38.On the grading plan: a. Revise the side slopes along the east side of the private drive to be a maximum of 3:1 or install a retaining wall. b. Add Type III silt fence along the secondary bluff creek zone line on the south side and Type II silt fence along the west and east sides of the grading area. c. Show a minimum 75-foot rock construction entrance. d. Show all existing and proposed easements. e. Add a bench mark. f. Show the storm sewer manhole rim and invert elevations. * This condition has been met. 39.On the utility plan: a. Show the proposed utility lines 10 feet inside the property line. b. Add a note "connection to existing manhole must be core drilled." c. Show sanitary manhole rim and invert elevations. d. Show all existing and proposed utility easements. e. Show the location of existing water and sanitary services to Lot 1. * This condition has been met. 40.On the street and storm plan: a. Last storm manhole discharging to the pond must include a 3-foot sump. b. Show the proposed and existing street easements. * This condition has been met. Mr. Todd Gerhardt • • Walnut Grove 2°d Addition June 14, 2004 Page 9 41. Add a legend to the plans. * This condition has been met. 42. The driveway easement must be 30 feet wide with 20 feet of hard -surface pavement and built to a 7-ton design. * This condition still applies. 43. Submit an inspection report certifying that the private street is built to a 7-ton design. * This condition still applies. 44. Elevation of lowest house opening must be three feet above high water level of the proposed pond. * This condition shall be revised as follows: Elevation of lowest house opening must be two feet above high water level of the proposed pond. 45. A 30-foot wide public drainage and utility easement must be dedicated on the final plat over the public sewer and water lines. * This condition has been met. 46. Stricture setbacks shall comply with the following table: Setbacks: front, rear, side, Bluff Creek primary zone, wetland buffer Lot 1 30, 30, 10, na, na Lot 2 30, 30, 9, na, na Lot 3 30, 30, 9, 40, 40 Lot 4 30, na, 9, 40, 40 * This condition still applies. In addition, based on review of the development construction plans, the following conditions are recommended: • Show the watermain pipe size and type on the watermain profile sheet. • Add the City erosion control fence detail plate no. 5300. RECOMMENDATION Mr. Todd Gerhardt Walnut Grove 2°d Addition June 14, 2004 Page 10 Staff recommends that the City Council adopt the following motion: "Me City Council grants final plat approval of Planning Case #04-10 creating four lots and one outlot, with lot width variances for Lots 2, 3 and 4 and a one -foot side yard setback variance for Lots 2, 3 and 4, subject to the following conditions: 1. The developer shall pay $8,400.00 in park dedication fees at the time of final plat recording. 2. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. 3. The old individual sewage treatment site for the existing home must be abandoned in accordance with MPCA regulations. 4. A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, 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 #9-01. 5. "No Parking Fire Lane" signs will be required on the new private street. Pursuant to Chanhassen Fire Prevention Policy #06-1991. Copy enclosed. 6. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall protect trees on proposed lots as well as trees in neighboring properties located next to the grading limits. 7. Any trees lost due to construction that are not shown as such on plans shall be replaced at a rate of 2:1 diameter inches. 8. A minimum of one overstory tree will be required in the front yard of each lot. One overstory tree, two understory trees, and four shrubs shall be planted along Galpin Boulevard on Lots 2 and 3. 9. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. 10. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around the wetland. The wetland buffer shall be 0 along the east side of the wetland and 20 feet on the north and west sides. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 11. The grading and erosion control plan shall show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland Mr. Todd Gerhardt • Walnut Grove 2°d Addition June 14, 2004 Page 11 buffer or, if no buffer is to be preserved, from the delineated wetland edge. 12. The primary zone boundary shall be amended to include the wooded area in the rear (westemmost) portion of Lot 4. 13. A conservation easement shall be dedicated over the primary zone. All structures shall maintain at least a 40-foot setback from the primary zone. No disturbance of the site shall occur within the fast 20 feet of the setback. Open space shall comprise 100% of the primary zone. 14. Riprap and geotextile fabric shall be installed at the flared end sections of the inlet and outlet of the storm water pond. 15. Type III silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. Silt fence shall be provided as needed to prevent sediment from leaving the site. 16. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. 17. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3:1 10:1 to 3:1 Flatter than 10:1 Stabilized within 7 days 14 days 21 days These areas include 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. 18. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 19. Based on the proposed developed area of approximately 1.64 acres, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $3,360.00. 20. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Health, Carver County, Metropolitan Council Environmental Services, etc. and comply with their conditions of approval. 21. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 22. Sanitary sewer and water hookup charges are applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer Mr. Todd Gerhardt Walnut Grove 21d Addition June 14, 2004 Page 12 and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. Hook-up charges are based on the number of SAC units assigned by the Met Council for each lot. 23. The applicant must enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 24. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 25. Seed and mulch or sod the site within two weeks of grading. Submit a haul route for City approval prior to any hauling. 26. The driveway easement must be 30 feet wide with 20 feet of hard -surface pavement and built to a 7-ton design. 27. Submit an inspection report certifying that the private street is built to a 7-ton design. 28. Elevation of lowest house opening must be two feet above high water level of the proposed pond. 29. Structure setbacks shall comply with the following table: Setbacks: front, rear, side, Bluff Creek primary zone, wetland buffer Lot 1 30, 30, 10, na, na Lot 2 30, 30, 9, na, na Lot 3 30, 30, 9, 40, 40 Lot 4 30, na, 9, 40, 40 30. Show the watermain pipe size and type on the watermain profile sheet. 31. Add the City erosion control fence Detail Plate No. 5300. ATTACHMENTS 1. Final Plat. gdplan\2004 planning c \04-10 - walnut grove 2nd addition\walnut grove 2nd fp.doc WALNUT GROVE 2ND ADDITION KNOW 4L NE1V BY MESF pF[YNISI mot ........ OeMlopmenl, In wfbn. N• ovnn aI ID• IellorHp a„nm•d prep,rtY •Ilua M1e M CvunlY e/ Cer m, stole o/ uMmm, to r/n nnwy pnn/y meet I now •urwYM we gerr.d m. pwpnb d••vmM m InN plot d• wlLNur G40K., .IOOl Il0.V; In oI In, N a [vent n of N• r WI Mot pf. [r m. seven«,I 6ra,M1, o/ s«non ra ra rnNn IrE, amw zx Cm wr cwnlx o m Amt .? Mown on me m het me nun beeln. o Mot: not dl mmumwe• . m 1 m to ed' MMn«alo. a I1. os n: w e«o m «Ilr Am fA. 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CY Y OF CHANHASSEN RECEIVED MAY 1 6 2004 CHANHASSEN PLANNING OEPT QTTO WALNUT GROVE 2ND ADDITION -� J�,� � <,•,y �,y I �\ t!r \ KID) ADn'O. �Q 4.AY.NOL.L'U V�L111'1.4iMNR �YYP4Y.�.',IX9' I �f I I Y a+l 1 I 1 J L N g41�,wnN �lr%nq it � �v..r m u I.n Y'tlYra Qii? MY OF CENSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952,227.1110 Building Inspections Plane: 952.227,1180 Fax: 952227.1190 Engineering Phone: 952.227.1160 Fax: 952227.1170 Finance Phone: 952.227.1140 Fax: 952,227.1110 Park R Recreation Phone: 952227.1120 Fax: 952 227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning It Natural Resources Phone: 952,227.1130 Fax: 952.2271110 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 March 5, 2003 Ms. Kelly Dlouhy Kjolhaug Environmental Services Co. 26105 Wild Rose Lane Shorewood, MN 55331 Re: Bluff Creek Primary and Secondary Zone Boundaries between Galpin Boulevard and Banebeny Way West Dear Ms. Dlouhy: City staff visited the above site on November 18, 2002 to establish approximate boundaries for the Bluff Creek primary and secondary zones. In determining the boundaries, the city considers vegetation, slope, habitat area, hydrology and contiguous ecosystems. Since then, you have raised several questions regarding the regulations pertaining to development on this site. The regulations goveming the Bluff Creek Overlay District are in Article XXXI of the Chanhassen City Code (enclosed). Both primary and secondary zone boundaries are generally delineated in the Bluff Creek Watershed Natural Resources Management Plan and on City land use maps. An aerial photograph of this property including the boundaries that appear on City land use maps is enclosed. The primary zone is the area within the watershed that directly impacts Bluff Creek and/or its tributaries. The primary zone is intended to be preserved as permanent open space. In addition, Section 20-164 states: "All structures shall be setback a minimum of forty (40) feet from the Primary Zone. No disturbance of the site shall occur within the first twenty (20) feet of such setback." The secondary zone is the buffer zone that contains habitat areas that are valuable to the delicate balance of the Bluff Creek ecosystem. The secondary zone is subject to development limitations (minimization of vegetation removal, impervious surface and grading, etc.) in order to reduce the impact of new development on the primary zone. City staff has determined the boundaries of the Bluff Creek Overlay District for the above property (enclosed). As with all administrative decisions, the applicant may appeal staffs determination of the watershed zone boundary and type to the city council. If you have further questions, please contact me at 952.227.1135. Sincerely, CITY OF CHANHASSEN Lori Haak Water Resources Coordinator Enclosures cc: Robert Generous, Senior Planner Jill Sinclair, Environmental Resource Specialist The City of Chanhassen • A :vo s%ng community with clean lakes. quality schoolsa charming downtown thriving businesseswinding trails, and beautiful parks_ A great place to livework, and play. Klingelhutz Development Galpin Blvd. and Baneberry Way West &uH Creak COmi r (mwp ) SAg ► uvugi dpi 1IL; Jur VUY <3 egg �SoR� i3I 'gIII/ Z (INry e7r � Np �T-�i ii'\ J \ \� a� aO 3e*• —\��\ �aaoo// / _d / / Y % / / Q oo&ma //I 1 /14 ��{J j/////�� �/ •t�// �f m_ / NO m /�//�� %/ / I°#�/Pml'° 1� / 'z of I 1 m� / / / / / / / / / 4y / = 1 £ y m Itij b N / / i a96 y 6 r go#- I 1 m x p itr S voenm� N 'O @ 2 1 eyr I 3 jib In °m° ggxx A $ LY v pv I / O r4 denot, denote and rr A denot G denot es iron monument found s iron pipe set arked as shown: a m 0 es soil boring =s percolation test hole Topographic Survey on parcel In the SW 1 4 Of p Sec. 10, T. 116, R. 23, Carver County, Minnesota Requested "y' Kl i n g e l h u tz Development I herby certify that tW* survey, plan, or report was prepared by me ora� the °` my di supervision and that I am a duty uaensed Land SuStale of Minnesota. surveyor under the io.s or the Web Site: www.offoassociates.com 9 West Division St. TT Buffalo, MN 55313 SSOCIATES Ph: (763)682.4727 Far..(763)662J522 Engineers and Land Surveyors, Inc.1-02-0568 Revised: t/.V w aN.w .esww Date: 111119102 Drawn By. D.N.A. Scale: 1 " =40 Checked BY Job No. �;: E. Otto �119e 4.D62 CHANHASSEN CITY COUNCIL REGULAR MEETING SUMMARY MINUTES APRIL 12, 2004 Mayor Furlong called the meeting to order at 7:32 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman Labatt, Councilman Ayotte, Councilman Lundquist and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Justin Miller, Roger Knutson, Bruce DeJong, Paul Oehme, Matt Saam, Nate Bouvet, Kelley Janes, and Kate Aanenson PUBLIC PRESENT FOR ALL ITEMS: Rich Slagle Debbie Lloyd Planning Commission 7302 Laredo Drive PUBLIC ANNOUNCEMENTS: Mayor Furlong announced that item 4, request for funding streambank stabilization project, Christmas Lake Homeowners Association will be tabled per staff recommendation. CONSENT AGENDA: Councilman Peterson moved, Councilman Lundquist seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated March 22, 2004 -City Council Summary & Verbatim Minutes dated March 22, 2004 Receive Commission Minutes: -Planning Commission Summary & Verbatim Minutes dated March 16, 2004 b. Resolution #2004-16: Approve Playground Purchases; Meadow Green Park and Bandimere Community Park. C. Resolution #2004-17: Approval of Plans & Specifications; Authorize Advertising for Bids, 2004 Street Reconstruction Projects, Project 04-01. d. Resolution #2004-18: Award of Bids, Vehicles & Equipment Included in the 2004 Capital Improvement Program. (e / e. / Approval of a Request for Rezoning of 3.09 Acres from A2, Agricultural Estate District to RSF, Single Family Residential; Subdivision Approval Creating Four City Council Summary gpril 12, 2004 Lots with Variances; and a Conditional Use Permit for Development within the Bluff Creek Corridor, Klingelhutz Development, Walnut Grove 2od Addition. f. Resolution #2004-19: Resolution Approving the Limited Use Permit for Non - Motorized Recreational Trail from CSAH 17 to Carver/Hennepin Line. All voted in favor, except Mayor Furlong who abstained on item 1(e), and the motion carried. VISITOR PRESENTATIONS: Roger Behrens, 8780 Flamingo Drive brought up the issue of traffic lights on Highway 5, particularly at the intersections of Powers Boulevard and Market Boulevard. Todd Gerhardt stated he would notify MnDot of the problem. Greg Swirtz, President of the Christmas Lake Homeowners Association stated he was present to discuss item 4 which was tabled. He provided background information on this project. /;Iq B. REQUEST FOR PRELDHNARY & FINAL PLAT APPROVAL TO SUBDIVIDE 2.1 ACRES INTO THREE SINGLE FAMILY LOTS WITH VARIANCES. C. APPROVAL OF CONSTRUCTION PLANS & SPECIFICATIONS AND DEVELOPMENT CONTRACT. Public Present: Name Address Tom Goodrum Tom Rollings Maryevelyn Monty Larry Tivy Mary Ann McCauley Darlene & Don Miller Debra C. Schultz David Santana Janice Andrus Don Sennes James & Richard Frerich 9841 Xerxes Curve 4550 Weston Lane 370 Pleasant View Road 370 Pleasant View Road 410 Pleasant View Road 396 Pleasant View Road 6614 Horseshoe Curve 6614 Horseshoe Curve 449 Pleasant View Road 6680 Mohawk Drive 651 Broken Arrow Drive Kate Aanenson presented the staff report and provided the Planning Commission update. Mayor Furlong asked for clarification on the vacation of the private street. He then 2 City Council Meeting 9pril 12, 2004 • 04- 1 v e. Approval of a Request for Rezoning of 3.09 Acres from A2, Agricultural Estate District to RSF, Single Family Residential; Subdivision Approval Creating Four Lots with Variances; and a Conditional Use Permit for Development within the Bluff Creek Corridor, Klingelhutz Development, Walnut Grove 2nd Addition. f. Resolution #2004-19: Resolution Approving the Limited Use Permit for Non - Motorized Recreational Trail from CSAH 17 to Carver/Hennepin Line. All voted in favor, except Mayor Furlong who abstained on item 1(e), and the motion carried. VISITOR PRESENTATIONS: Roger Behrens: Sure, good evening everybody. My name is Roger Behrens. B-e-h-r-e- n-s. I live at 8780 Flamingo Drive. I think you've got quite a number of folks here on a busy agenda. I want to talk about traffic lights actually. Maybe get some information and to express some observations that I've noticed. On Highway 5, particularly starting from Powers Boulevard, where Highway 5 and Powers intersect. Highway 5 and Market, almost all the way through to Dell but in particular the Market intersection and the Powers intersection, let's put it this way. It's very difficult to cross over Highway 5, getting to the other side in the morning and in the evening. There might be some problems in particular with the Powers one. I've noticed later at night, the left hand turn signal will skip, or I don't know if it's laser guided but I'll be sitting there. It will go through the fast one. No left hand turn signal. And then the second time around it will hit it and you can go and sometimes I was there for 5 minutes trying to make a left onto 5 onto Powers. In the morning the Market Street one, and I use the park and ride. When I just miss the left hand turn signal, I waited as long as 5 minutes one time. Now in a vacuum 5 minutes doesn't seem like a long time. When you're trying to catch a bus in the morning, it can seem like forever. I don't know, I'm sure there's been traffic studies done. I don't know if this is the fast time you've heard about it. I realize there's a lot of other important things on the agenda. I just wanted to bring it up as something that's been kind of bugging me lately. I don't know what can be done. And particularly when it skips in a cycle too, that can be frustrating. I don't know, that tends to happen, it's happened more than once. It tends to happen when I'm not up, right up to the line perhaps. Maybe it's a laser guided thing. I don't know. I'm just here raising the issue so appreciate the time. Mayor Furlong: Okay. I guess what we'll do is look into, unless Mr. Gerhardt there's any comment at this point with regard to those signals. Todd Gerhardt: We will look into it. MnDot has some control over those but we will be working with MnDot to make sure that they're operating properly. Mayor Furlong: Thank you for bringing it to our attention. We're still within visitor presentations, if there are others? Good evening. 2 0L4-1(�) Planning Commission Meeting — March 16, 2004 RECONSIDERATION OF SUBDIVISION OF WALNUT GROVE 2Nn ADDITION. JOHN KLINGELHUTZ, PLANNING CASE #04-10. Public Present: Name Address Susan Remaley 2198 Baneberry Way West John Klingelhutz 1560 Bluff Creek Erik Johnson 350 E. Hwy 212, Chaska Elissa Ellefson 2194 Baneberry Way West. Bob Generous presented the staff report on this item. Sacchet: Thank you Bob. Any questions from staff? Claybaugh: Bob, refresh my memory. Why weren't we using some vehicle to choose density transfer on this one? Generous: Under the low density residential land use guiding, the PUD ordinance does not permit density transfer or cluster development. You would be able to, the minimum go down to 11,000 square foot lot but you'd have to average 15,000. We weren't really gaining anything. We can do it via this mechanism through the approval of the variances to the lot width and the side yard setbacks to make these houses work on the property. Claybaugh: That's all I had. Sacchet: Rich. Slagle: Bob, just a quick question. You mentioned that the applicant in your opinion has come forward with a better plan. I unfortunately was not here the first time this application came before us. Is it possible in just a minute or so to tell me what you view as the improvements. Generous: Well unfortunately I left the old plan together but previously they had 4 new units versus the 3 that they're proposing here. They have lot lines that were configured that made people uncomfortable. They weren't straight and rectangular. It's easier, we preserved a significant block of the primary zone and an outlot. They provided the turn around area on their property rather than using the existing turn around. And then of course they're meeting the lot area requirements for this so the 15,000 square feet has a big lot. We know these can't be further subdivided because they're at the minimum now. Outlot A will be at a minimum have a conservation easement and drainage and utility easements over it. Preferably it will be dedicated to the city, however that's really up to the developer. Either way it will be protected but we can't take it as an exaction because we don't need it specifically for park purposes. 20 Planning Commission Meeting — March 16, 2004 Slagle: Okay, fair enough. Sacchet: Any other questions from staff? Feik: Just one. Bob, we've seen this a number of times, and I'll ask this to the applicant as well. There are a whole lot of conditions on this deal, and I understand how we got there so I'm not griping about that at all. I'm just concerned that we've reviewed or you've reviewed with the applicant all these conditions and everybody is pretty much bought off on them. Generous: The majority of them are fix up for the final plat. Feik: I know they are so, but there's way too many to go over and I'm just making sure that those have been adequately reviewed with the applicant. Generous: Well I haven't discussed it personally with him but they had the documents. Feik: Okay, thank you. That's it. Sacchet: Steve. Lillehaug: I do have some questions. Condition number 3. Sewer and water services up to, on all four lots. So do we anticipate the sanitary and water main services coming up from the private drive? Generous: Yes. Lillehaug: And then up to the north? To that existing house. Generous: Correct. Lillehaug: Okay. And then in the same line, I think it'd be condition 5. I assume that existing house has an old sewage treatment system. Generous: That was the building official's assumption, yes. Lillehaug: Somewhere on site it's buried because it's not hooked up to sanitary and water main I would assume, right? So in your condition, what does abandonment consist of? Does it mean totally removing it, because I mean I wouldn't want to just abandon you know and sitting right behind the proposed house for Lot 2. Generous: I don't know if they have to fill it and. Saam: Commissioner Lillehaug I'll just add, if you're talking about the septic tank that might possibly be in back of the house. Typically they do allow them to fill them with concrete and leave them in the ground. Or they can take them out. It's up to, you know 21 Planning Commission Meeting — March 16, 2004 if it hinders the construction, typically they'll be taken out, but if not, they may choose to leave it in the ground. Lillehaug: And then one other question would be the storm sewer line running between Lots 2 and 3. One of the conditions indicate to change that, well it's shown as 9 on the very fast sheet. 9 feet on each side of the property line and one of your conditions say change it to 10 feet. It's only I foot in each direction but I know that 1 foot is a lot when we're talking in this area here. Has that fully been looked at? Is that, I mean I would like to see a 20 foot easement over that storm sewer also. Is that something that the applicant is aware of and can do in this case? Saam: Again I have not spoken to the applicant. I know they have received the packet. I'm not sure if it's a concern of their's or not. Lillehaug: Okay. Saam: Something will have to be done to the house though because they are at the side yard setback of 10 feet. Lillehaug: That's all I have, thanks. Sacchet: A quick question. Actually 2 or 3 of them. First of all, the outlot. Who's going to own the outlot? Generous: The developer would own it and that'd be dedicated to the city. Sacchet: The developer would own it but he would sell the other lots to somebody who lives there and then he would be the owner of the outlot? Generous: Correct. Sacchet: Okay, I guess that would be a question for the applicant. Generous: He did mention to me that he'd probably dedicate it but it's. Sacchet: Because yeah, I mean it seems kind of an open ended thing. And it says that 2 out of these houses are walkout and I is lookout. Am I correct by assuming that the middle one is the lookout? Generous: No, the southerly one. Sacchet: The southerly one is the lookout. And the middle one is a walkout? Is there enough elevation for that? Generous: Yes. 22 Planning Commission Meeting — March 16, 2004 Sacchet: 'There is, okay. Alright, thank you for clarifying that. Then there's a comment in the grading section on page 4 of the report. It says the proposed slopes along the east side of the new private driveway are steeper than 3 to 1. And I have a hard time seeing how that works on the drawings. I was just looking also at the grading thing. Can you explain that a little bit? And also it seems like that private road is very narrow, if you can help me out with that one too I'd appreciate it. Saam: Okay, first the 3 to 1 issue. Zoom in here Nann. Thank you. It's right in this area Commissioner Sacchet. Sacchet: Oh, it's not the whole length. It's just a part... Saam: No, really just at the north end where they're tying in and the street width, I do believe meets the 20 foot. Yeah, it's 20 foot wide. Sacchet: Okay. And to mitigate the steepness, they could just do a little different grading or possibly retaining wall... Saam: Yeah, small retaining wall. Sacchet: But it would be minimal? It wouldn't be anything... Saam: Yes, very minimal. Sacchet: Okay. Okay, thank you very much for answering that. Yes Craig, do you have another one? Claybaugh: Yeah Matt, with respect to the private drive. We've talked in the past about requiring an independent testing. Did I overlook the condition for that or is that not included? Saam: I believe we have it. I thought I caught that. There's a condition for inspection. If you give me a minute I'll look it up and get back to you. Claybaugh: Then coming back and dove tailing the chairman's question with respect to the outlot, potentially if the developer retains ownership of the outlot, and at some future date they could sell that outlot to an adjacent property owner, who then in turn could acquire that square footage to make primary changes to, hypothetically if there's an adjacent property that needed additional square footage to further develop their land, they could actually be acquiring that square footage from the outlot and we could have a similar situation of what we're looking at tonight somewhere down the line where someone could come and say well, we want to do a variance for density transfer because we have all the square footage but this area is bluff and it's not developable. Is that plausible? 23 Planning Commission Meeting —March 16, 2004 Sacchet: Hope not. Saam: I believe we are getting a conservation easement over that entire area. Claybaugh: I just want to make sure that someone else, the adjacent property doesn't benefit in the same way that we're looking at this property with a different set of eyes because it is a challenging property with respect to the bluff area. If you had an adjacent property to it and acquired that same bluff area, that same scenario could come to pass. What I'm asking is can you address that and say that no, that cannot happen or do we need to look at what the possibilities are for the city having that dedicated to them as part of this process. Generous: I'm trying to, the city owns the property to the south. The association has the property to the east and there's conservation easements on that so those are all encumbered. And I don't know if an encumbered property has the same benefits as an unencumbered one. You'd have to ask an attorney. I wouldn't think that you could. The only lot, Lot 4's the only one that conceivably could benefit from acquiring that, but then they have a wetland in the rear and they don't. Claybaugh: I'm just posing the question. I don't, I'm not familiar with the perimeter properties to this. I just want to make sure the scenario that I laid out doesn't apply here. Generous: No, someone would have to reassemble the whole thing to really make that work and do a PUD. Sacchet: It's too small for a PUD. Generous: Well, yes and no. If you're adjacent to a PUD you can go under the 5 acres. Sacchet: Okay. Claybaugh: Is there a reason that the city wouldn't move to have that outlot dedicated and be done with it? Generous: Well that would be our preference, yes. Slagle: Is it related to park and the funds that go to the trail fund? Generous: Right. We can't take it as an exaction as part of this development. The parks commission doesn't want it for a public park. Slagle: Well usually Bob, if I can ask you, we usually have in our conditions or somewhere in these applications the amount that would be contributed to the city, and I don't see it in this. I'm probably missing it. Generous: $8,400. 24 Planning Commission Meeting —March 16, 2004 Slagle: What page are you on? Generous: Page 4. Well it starts on the bottom of page 3 and goes to 4. Slagle: Oh there we go, okay. Okay. Sacchet: Any other questions? Claybaugh: Yeah Bob, could you just bring that full circle for me? So your comfort level is high that that's not a concern? Generous: Right. Claybaugh: Okay. Sacchet: Yes Steve. Lillehaug: I hit on this previously. The high water level is 963.1 and our current ordinance is either 2 feet or is it 3 feet above? Has that been. Saam: It's 3. Lillehaug: It's 3 feet. So the house on Lot 1 would be, and maybe, or Lot 2 and 3 would be my concern because they're not 3 feet above that high water level. Or is that something addressed in the report that I'm missing? Saam: Yes, I believe it is in the report Commissioner Lillehaug, and I'll find the condition for you. Lillehaug: Good enough, thanks. Sacchet: Is that it? With that I'd like to ask the applicant if you want to come forward and add any other aspects to this. We've looked at this a couple months ago so welcome back. If you want to state your name and address, and you might want to pull the microphone over towards you please. John Klingelhutz: John Klingelhutz, 1560 Bluff Creek. In regards to the outlot, the city can have it. We don't want it. I mean we don't have to argue much about that one. I'd sooner have the city own it than me own it and we'll make that part of our end resolution that the city gets the park, or gets that outlot. Sacchet: Thank you. Anything else you'd like to? John Klingelhutz: Not really. I mean I guess we're trying to fit it in within what you guys want. I mean we did the two quads, two twin homes. There was some problems 25 Planning Commission Meeting — March 16, 2004 with the way maybe the decks could be built in the future, so we came back and re - looked at it and thought that this kind of housing probably would fit better than anything and if you really wanted to see what that is, I mean we are doing a similar project to that in Chaska right now with those same houses being built on them. Sacchet: Okay, good. Thank you. Feik: I have a quick question for the applicant. I know you've been through this process for a while. The conditions are copious. You've reviewed them in their entirety? John Klingelhutz: Yes. Feik: And you're okay with them? John Klingelhutz: There's nothing really in there than what we're used to doing anyway. Feik: Alright, thank you. Sacchet: Excellent. Lillehaug: One question that I hit on this earlier about inbetween Lots 2 and 3. Tweaking that a little bit and changing it from 9 feet to 10 feet. Is that possible? Because one of the conditions is to increase that, the setback to 10 feet so it's not encumbered by the D&U easement. John Klingelhutz: That's tough to do. Lillehaug: Yep. That's why I'm asking. John Klingelhutz: Because we only have this much room to stay out of the Bluff Creek Overlay. Lillehaug: I guess that's why I'm asking. Do you plan on doing it? Because it's a condition. John Klingelhutz: I don't know how we, I actually cut down the garage some and the garages are pretty small already. I don't know how we can get a 10 foot setback there. We're going to have 18 feet between the buildings. Claybaugh: Commission Lillehaug, what condition number are you on? Lillehaug: Well it says, I don't remember which one it is. 22. D&U easement needs to be 10 feet either side of the property line for Lots 2 and 3, so right there it's pretty clear that the applicant. Planning Commission Meeting — March 16, 2004 John Klingelhutz: It could be that one of those is 10 feet. We might be able to push Lot 2 over. We have a purchase agreement on the house, the old house, and in that agreement we have 10 feet in there as being the closest that we would build another structure. Feik: So you could move that property line northward? You can't? Saam: Commissioner Lillehaug, if I could add one thing to this. This condition, just so you're aware, came from the city contracts with Carver County Soil & Water to review erosion control, grading, that sort of thing. This condition came out of that person's review. He's not aware, and I'm sorry I didn't mention this earlier but the city doesn't take easements over storm sewer and private streets. We consider that private drainage, nmoff. However we will have one over the pond so that is why that condition didn't come from us. We're not requiring a 20 foot public drainage and utility easement. Lillehaug: So over the storm sewer between those lots you don't require that either then? Saam: No. We would require a private easement over that, but that could be 18 feet. Lillehaug: Sure, okay. Sacchet: So 18 would be sufficient, is that what you're saying? Saam: Yes. That'd be fine by us. Sacchet: Good enough. That's what we need to hear. Any other questions of the applicant? Okay, thank you very much. John Klingelhutz: Thank you. Sacchet: This is a public hearing so if anybody want to come forward, address this item, this is your chance. Anybody want to address this? Please state your name and address for the record. Susan Remaley: I'm Susan Remaley, 2198 Banebeny Way West. This is where I live. Right at the edge, and. Sacchet: Could you point again now that we have it on the screen. Okay, thank you. Susan Remaley: And I'd like to thank the commission and staff and also the builder. I think this is much better than we first saw. I think everybody will agree that I think this is a much better solution, but I do have a question regarding the turn around and maybe Bob you could help me understand where exactly that is in this plan. Generous: The turn around area is this hammer so that you go forward and back up and go that way. Or reverse it. Turn... 27 Planning Commission Meeting —March 16, 2004 Susan Remaley: Okay. I'm not really familiar with that kind of a turn around. I do know that there is a lot of traffic that does come down that street. I think a lot of people think that they can get to Galpin that way so it is fairly heavy. There's a lot of people that do use that turn around, and I would just want to make sure that that is pretty clear that that is what it is, instead of people turning around in either our driveway or our neighbor to the south. And then just one other comment. The grading. Currently on the, I guess it would be the west side of my property. The ground is constantly wet now, in the dead heat of summer and so I just, I don't know what can be done to make sure that that runoff or drainage doesn't exasperate it any more. And I don't know if that's something that's been addressed or not. Sacchet: Can you address that? Saam: Sure. We could try to make sure that a swale will be put in along that lot line which would carry the water down to the street, and then there's going to be storm sewer there which can typically. Sacchet: So it should actually improve rather than get more aggravated? Saam: Yes, to me it appears so. It appears that we can get that water going south toward the street. Susan Remaley: I just wanted to make sure that everyone understood that there's a potential problem with the way it is right now and I didn't want anything done that might add to that, and again just thank the commission and Bob and the builder because I do think that this is a much better plan that we were first shown. And again my only concerns would be the drainage and then also making sure that that turn around is a viable solution and well marked. That's it. Sacchet: Thank you. Susan Remaley: Thank you. Sacchet: Anybody else want to address this item? Yes, please come forward. State your name and address for the record. Let us know what you have to say. Elissa Ellefson: Hi, my name is Elissa Ellefson and I live at 2194 Baneberry Way West and my concern is, has there been any decision as to the construction traffic? Where that is going to be coming in. Sacchet: I think we touched on that last time this was in front of us. Elissa Ellefson: Right, and I don't know if that was completely decided. Sacchet: Yeah, do we have a plan for that? NE Planning Commission Meeting —March 16, 2004 Saam: I guess it's something we should ask the applicant but I did take a look at this to see if, last time it was brought up possibly routing the traffic off of Galpin. With the amount of trees on the site, I wouldn't say it can't be done but it'd be pretty tight to have trucks get around the existing house and garage and still miss some of the significant trees. So if they can't come off Galpin, then they're going to have to come off Baneberry Way West, and they do have an easement allowing them access through there so. Elissa Ellefson: That's our main concern because those roads aren't built really I don't think to carry heavy construction vehicles and, you know it's our residential area. We back out onto those streets and we don't wish to have construction workers parking along there. I mean there just isn't room with the small townhome area so that was my concern. Slagle: I have a question. Are you related to Tim? Elissa Ellefson: No. Slagle: Okay. Sacchet: Well would it be appropriate to ask the applicant about that still in terms of construction traffic? That's one thing we touched on last time and maybe you could give us an idea of how you would envision that. John Khngelhutz: I don't know if it's possible. If it is, we would try to route it off of Galpin because I'd sooner that too but if we have to take down trees, I don't think that's going to be possible. But if there's a possibility that we can come in and stay on our own land and not on the existing house land that's there, we would try to do that. Sacchet: So we could, it would be reasonable to request that there would be no parking in the neighborhood. John Klingelhutz: Bob and I can go out there and take a look and if he thinks we can do it, we will do that. Sacchet: Okay. Thank you very much. Anybody else wants to address this item? If not, I will close the public hearing. Seeing nobody, I'll close the public hearing. Bring it back to commissioners for further discussion. Comments. Or questions. You want to start Rich? Slagle: I just have a couple of thoughts and one question if I may for staff that was thought of after hearing about the turn around from the neighbor. Bob was there any thought given to having the private drive come in further to the west and having what I will call a half cul-de-sac put in with the homes going further to the west? I mean in some respects going away from the existing neighbors. I mean with 250 feet lot lengths, I mean it seems to me there would be room and then having, like I said, like a half cul-de- sac sort of each with their own little what I'll call driveway. Was that ever considered? 29 Planning Commission Meeting —March 16, 2004 Generous: Not that I'm aware of, and we relied on their engineer to review that mostly and then the city approved it. We did look at, suggest one time that the turn around be on the north end. Slagle: Okay. Generous: I don't know that that's how, then you would force the people that are driving through Baneberry Way West realize it's a dead end, drive all the way up to the end of this little neighborhood too to make their turn around. Slagle: Well I'll get to that in my second point but the reason I'm throwing that out is, is if you had in essence a half cul-de-sac for those folks who go down Baneberry thinking that it is a through street. If they miss the sign that says not a through street or a dead end, which is my second question if there is a sign. If there isn't, then maybe there should be, but my point is if you had a half cul-de-sac, they'd go down there. Realize oops, I can't get through and it's pretty easy to turn around versus what we're proposing of they pull into these people's literally 30 feet from their house and back up and go back out again. It doesn't seem to me to be a wise use of space. And if the applicant, I'd just be interested in why you didn't push it back towards Galpin a little bit more... John Klingelhutz: We tried everything here. Slagle: Okay. John Klingelhutz: The reason for that is, we still have the Bluff Creek Overlay zone and then we have the wetland, and we have a 40 foot setback from that. We can't get any closer with this house here. Now we had a half of cul-de-sac in that. That doesn't work for the fire department because they can't turn their truck around. I mean we went over this thing tooth and nail trying to figure out what we can do to make this work. Slagle: Okay. That makes sense. So the last question then Bob, is there a sign to your knowledge, or will there be a sign to hopefully try and minimize people heading down there? Saam: Like a turn around ahead sign? Slagle: No, like on our, Vine Hill Road we have not a through street. Saam: Well we could put one in is what... Slagle: So you'll put one in? Saam: Yes, we can require that. Slagle: Okay. 92 Planning Commission Meeting — March 16, 2004 Sacchet: Actually I have a question too. Along, is there any buffer planting along this private street? Do we have any requirements for that? Generous: No buffer yard. Sacchet: No. No buffer need planting. Generous: They get one tree per front yard and then there's some buffer planting on Galpin. Sacchet: Okay, but not towards the Baneberry side? Okay. Just want to be clear. Alright, comments. Anybody have comments? No comments? Claybaugh: Yeah, I have a comment. Sacchet: Comment Craig? Claybaugh: Yeah. I'd like to extend my appreciation to the developer. I know we had some sit down meetings. You've been in front of us discussing this, certainly more than once and I'm satisfied that you have certainly done due diligence to the best of your ability and I'm prepared to support it. Slagle: I would add the same thoughts with one request, and I don't think it needs to be a condition and that is, the developer and the applicant be open to working with any of the residents on Baneber y towards the western end of that development, if there is any thoughts of buffer plantations or something that maybe you guys could work something out. Help them wholesale something like that. Sacchet: Thanks Rich. Bruce. Feik: I'm ready to support it. It's been through here a couple of times and I'm comfortable with the changes that have been made. Sacchet: Steve? Lillehaug: Yeah, I appreciate Mr. Klingelhutz coming back and really refining this. Getting something that's acceptable. I'm very appreciative of that. I think a couple things I'd like to change for conditions before we make a motion would be, instead of abandoning that sewage treatment site, I think it just needs to be removed. And then condition number 22, we need to change that to 9 feet either side. Other than that, I'm in support. Sacchet: Okay. Yeah, I don't have too much to add. I think it certainly makes sense that the outlot would be owned by the city. I don't know whether we would put that into, I 31 Planning Commission Meeting — March 16, 2004 don't know how we would do... I mean it's not something that we can really make a condition is it? I mean that's up to the applicant, not to us. Generous: Verbally you could, the applicant agrees to dedicate Outlot A to the City. Sacchet: We could just state that? Okay. And if we would ask that the applicant work with staff to consider if there's a need for a drainage swale on the east side of the private road and also to look into how best to mitigate the impact of construction traffic. Whether it's through assuring that if there's construction parking, they will be on the property itself and not on Baneberry Way. Ultimately I think the possibility of coming off of Galpin with construction traffic is probably not that big, considering the speed of the road, of the traffic on Galpin for one thing, and then the impact it would have on the natural environment there. But with that I'm certainly happy to see this in front of us in the shape that it is. I want to express my appreciation too to you for doing that, and I'm willing to take a motion. Claybaugh: We'll let Bruce do it. Come on Bruce. Lillehaug: I make the motion the Planning Commission adopt the following three motions. Rezoning, subdivision. Feik: I think you need to do them one at a time because we make changes and friendly amendments. Sacchet: Make three of them? Okay, one at a time. Alright. Feik: Want me to do it? Lillehaug: I got it. I make a motion the Planning Commission recommends approval of the rezoning of the property from Agricultural Estate District, A2 to Single Family Residential District, RSF. Sacchet: I have a motion. Is there a second? Feik: Second. Lillehaug moved, Feik seconded that the Planning Commission recommends approval of the rezoning of the property from Agricultural Estate District, A2 to Single Family Residential District, RSF. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Lillehaug: I also make the motion the Planning Commission recommends approval of the preliminary plat for Walnut Grove Second Addition with lot width variances and one (1) foot side yard setback variances and a variance for the use of a private street, according to the plans prepared by Otto Associates, date stamped Received February 12, 2004, subject to the following conditions 1 through 48 and revise condition number 5. 32 Planning Commission Meeting — March 16, 2004 The old individual sewage treatment site for the existing home must be removed in accordance with MPCA regulations. And condition number 2, revise from 10 feet to 9 feet. Sacchet: Number 22 that was right? Lillehaug: Number 22. From 10 feet to 9 feet, either side of the property line. Sacchet: We have a motion. Is there a second? Slagle: Friendly amendment? Sacchet: Second first. Feik: Second. Sacchet: Okay, friendly amendment. Slagle: You okay with adding something about a sign? Lillehaug: Sure. No outlet sign posted at the intersection of Baneberry Way. Sacchet: That's not an applicant thing. That's a city thing. Isn't it? Slagle: Yeah, but why couldn't we add it as a condition? Claybaugh: Because it's a city thing, not applicant thing. Lillehaug: Matt, is that something the city can easily do? Very low cost. Saam: I'm sorry, can you repeat. Lillehaug: Adding a no outlet sign. Saam: Yes. Yes, we can. Slagle: So no condition needed? Saam: No, I would recommend that you put a condition. Sacchet: It makes sense to have a condition there? Saam: Yep. We typically charge the developer for the signage but we put it in. Sacchet: Okay. So it makes sense to have a condition then. Alright. Do you have a friendly amendment? 33 Planning Commission Meeting —March 16, 2004 Feik: Another friendly amendment. Sacchet: Was that friendly amendment accepted? Lillehaug: Sure. Sacchet: Okay. Feik: All parking related to contractor and contractor's employees shall be accommodated within the parcel. Lillehaug: Very good. Sacchet: That sounds good. Slagle: Clarification on that. I mean do we really think that that is feasible given Galpin and? Feik: Yes. I've been there. You can't turn around on Baneberry as it is. Literally you can't turn around in Baneberry. If there was a couple of trucks there, people would be backing out. Slagle: I'm with you. But then let me ask you this. Are you thinking that the construction traffic will enter the property via Baneberry versus Galpin? I'm having a hard time seeing how Galpin's going to be the entrance. Feik: I'm not worried about necessary where the construction traffic comes in. Hopefully they'll come in in a safe manner and respect the neighbors but we have to accommodate access somehow, but as it relates to all day parking of contractors and stuff, if they're on Baneberry, it's going to be a mess. So I'm thinking of the contractors and their employees. They've got to be. Elissa Ellefson: ...construction traffic. Next spring are we going to wake up in the middle of spring and have big pot holes in front of our driveway? Saam: Chairman Sacchet, I'll just add private streets in town, we don't allow parking on because of their narrow width so Baneberry Way already is a no parking street. Also with all developments we always try to encourage the developer to make sure the contractor's park within the site, so I feel that's something that we can take care of. Sacchet: How about that weight of the traffic? Is that a 7 ton road or 5 ton road or what is it? Do we know? Saam: Well I'll say, it's supposed to be a 9 ton. 34 Planning Commission Meeting —March 16, 2004 Sacchet: It's supposed to be 9 ton so if it. Saam: Yes, but this was before the ruling, yes exactly. Sacchet: Before we made sure they were 9 ton. Saam: So I can't guarantee that but... Sacchet: Now assuming it is built to specs, a 9 ton road can handle the type of construction traffic we would see. Sawn: Yeah, and this is a 90's development so we're not, I mean it's not like these roads are 30 years old or anything. Generous: That's our local street standard. Slagle: But point of clarification, if I can ask. If they go through this construction period and there is damage to the private road, is it the developer of this development or the developer of the, how does the city work that? Sacchet: How would that be worked? Saam: Well if this was a public street and we could directly attribute it this development, then we would try to get some type of compensation but it's not a public street, it's a private street so. Slagle: That's why I'm asking. I mean what's going to happen if there's damage to the road? Saam: Then the owner should come forward and, it's incumbent upon the private, the townhome ownership. Maybe their president to come forward and say, you know, I mean we'll watch them too but if the residents see it, then they should come forward and then we can get them in contact with the developer. Lillehaug: Matt is there also an easement agreement between the two owners, since they are? Saam: Yeah, that's something I pointed out earlier. This property that's under your review tonight does have an easement to come off of Baneberry Way to get legal access to their property, so we really can't deny them that. And keep in mind we're talking 3 additional houses. Claybaugh: Right. Is it reasonable as a function of condition number, what was it 46 Matt with the independent testing, that part of that independent. 45? As part of that independent testing we specify that the testing agency go out and do a site observation and any appropriate measures to basically document condition of the road in advance of RR Planning Commission Meeting — March 16, 2004 construction and then as part of their summarization, go back and look at the same conditions and file a report with the rest of their testing findings? Saam: That's a great idea, yeah. Sacchet: So is that a friendly amendment? Claybaugh: I'll put that in the form of a friendly amendment, yes sir. Sacchet: Is that acceptable as a friendly amendment? Lillehaug: I think with the addition of maybe a few pictures. Claybaugh: Yeah. Whatever appropriate documentation that the independent testing would, and the city staff and the developer would agree upon. Photos included. You know written text. Whatever. Just so there's some body of information on what it was before the construction started. Sacchet: Let me come back to my question again that wasn't really answered. A 9 ton road, how does that compare with expected construction traffic? I mean if they come in with a big bulldozer and stuff like that, I don't know how heavy these things are. Saam: Yeah, like a bulldozer. The trailer those are carried on. They have more axles to spread out the weight so they aren't supposed to go over what the legal load limit is of the roads. But the only way to truly measure that is to have a scale out there. Carver County's done it before, the deputies to tag off trucks that they feel are over the weight limit and then actually measure them. That's really the only way to do it. Lillehaug: They can get to Banebeny because everything going to that is a 9 ton road. They can get there so, if they get that far they're legal anyway. Claybaugh: Baneberry's nothing less than the roads that are leading up to it. Sacchet: Alright. So that should be enough on this topic. Friendly amendment, but any other friendly amendments? Or discussion actually, yes. I have more friendly amendments. Did we have a statement that the applicant expressed intent to have the city own Outlot A? Another friendly amendment that the applicant work with city engineering in considering if there's a need or how to mitigate drainage or if there's a need for a swale on the east side of the private road. Lillehaug: Sure. Sacchet: To mitigate any drainage issues if there are any. And that's it. Okay. Is that it? We have a motion. We have a bunch of friendly amendments. We have a second. Lillehaug: Sounds good 36 Planning Commission Meeting — March 16, 2004 Lillehaug moved, Feik seconded that the Planning Commission recommends approval of the preliminary plat for Walnut Grove Second Addition with lot width variances and one (1) foot side yard setback variances and a variance for the use of a private street, according to the plans prepared by Otto Associates, date stamped Received February 12, 2004, subject to the following conditions: 1. At the time of final plat recording, the developer shall pay full park dedication fees for the three lots that are subject to park dedication fees. 2. Adjust the lot line(s) to assure that all lots meet or exceed the 15,000 square -foot minimum lot area. 3. Individual sewer and water services must be provided and for Lots 1— 4 and indicated on the plans. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. 5. The old individual sewage treatment site for the existing home must be removed in accordance with MPCA regulations if encountered during grading procedures. 6. A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, 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 #9-01. 7. "No Parking Fire Lane" signs will be required on the new private street. Pursuant to Chanhassen Fire Prevention Policy #06-1991. Copy enclosed. 8. Conservation easements shall be dedicated over all areas within the Bluff Creek primary zone. 9. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall protect trees on proposed lots as well as trees in neighboring properties located next to the grading limits. 10. Any trees lost due to construction that are not shown as such on plans shall be replaced at a rate of 2:1 diameter inches. 11. Applicant shall submit landscape plans for city review and approval prior to final plat approval. A minimum of one overstory tree will be required in the front yard of each lot. 12. Buffer yard plantings are required along Galpin Boulevard. Planting requirements are: 1 overstory tree, 2 understory trees, and 4 shrubs. 37 Planning Commission Meeting — March 16, 2004 13. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. 14. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around the wetland. The wetland buffer shall be 0 along the east side of the wetland and 20 ft. on the north and west sides. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 15. The grading and erosion control plan shall show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland buffer or, if no buffer is to be preserved, from the delineated wetland edge. 16. The primary zone boundary shall be amended to include the wooded area in the rear (westemmost) portion of Lot 4. 17. A conservation easement shall be dedicated over the primary zone. All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone. 18. The proposed development shall maintain existing runoff rates. On -site storm water ponding shall be sufficient to meet all City water quality and quantity standards. 19. A manhole with a two -foot sump shall be installed as the last road accessible structure prior to discharge into the stone water pond. 20. Riprap and geotextile fabric shall be installed at the flared end sections of the inlet and outlet of the storm water pond. 21. Drainage and utility easements shall be provided over all existing wetlands, wetland buffer areas and storm water infrastructure. 22. A drainage and utility easement shall be dedicated over the 9 feet either side of the property line between Lots 2 and 3 in order to accommodate access for future storm water infrastructure maintenance. A drainage and utility easement shall be dedicated over the areas in the western portions of Lots 3 and 4 that are currently not encumbered by drainage and utility easements since water discharged from the storm water pond will flow through this area as it moves toward the wetland. W Planning Commission Meeting — March 16, 2004 23. Type III silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. Silt fence shall be provided as needed to prevent sediment from leaving the site. 24. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. 25. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: 26. Type of Sloe Stabilized within Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days 27. These areas include 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. 28. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 29. Based on the proposed developed area of approximately 3.09 acres, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $11,041. 30. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Hey -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Health, Carver County, Metropolitan Council Environmental Services, etc. and comply with their conditions of approval. 31. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 32. Sanitary sewer and water hookup charges are applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. Hook-up charges are based on the number of SAC units assigned by the Met Council for each lot. 33. The applicant will be required to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements shall be 39 Planning Commission Meeting — March 16, 2004 dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. 34. Tree preservation fencing must be installed at the limits of tree removal. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner. 35. The applicant must enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 36. Submit detailed construction plans and specifications for the public utility improvements before final platting. 37. Construct public utility improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates. 38. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 39. Seed and mulch or sod the site within two weeks of grading. Submit a haul route for City approval prior to any hauling. 40. On the grading plan: a. Revise the side slopes along the east side of the private drive to be a maximum of 3:1 or install a retaining wall. b. Add Type III silt fence along the secondary bluff creek zone line on the south side and Type II silt fence along the west and east sides of the grading area. c. Show a minimum 75-foot rock construction entrance. d. Show all existing and proposed easements. e. Add a bench mark. f. Show the storm sewer manhole rim and invert elevations. 41.On the utility plan: a. Show the proposed utility lines 10 feet inside the property line. b. Add a note "connection to existing manhole must be core drilled." c. Show sanitary manhole rim and invert elevations. d. Show all existing and proposed utility easements. e. Show the location of existing water and sanitary services to Lot 1. 42. On the street and storm plan: a. Last storm manhole discharging to the pond must include a 3-foot sump. b. Show the proposed and existing street easements. W, Planning Commission Meeting — March 16, 2004 43. Add a legend to the plans. 44. The driveway easement must be 30 feet wide with 20 feet of hard -surface pavement and built to a 7-ton design. 45. Submit an inspection report certifying that the private street is built to a 7-ton design. Independent testing shall be done on Baneberry Way West to document the condition of the road in advance of construction and at the completion of construction to look at the same conditions and file a report with the rest of their test findings. 46. Elevation of lowest house opening must be three feet above high water level of the proposed pond. 47. A 30-foot wide public drainage and utility easement must be dedicated on the final plat over the public sewer and water lines. 48. Structure setbacks shall comply with the following table: Setbacks: front, rear, side, Bluff Creek primary zone, wetland buffer Lot 1 30, 30, 10, na, na Lot 2 30, 30, 9, na, na Lot 3 30, 30, 9, 40, 40 Lot 4 30, na, 9, 40, 40 49. No outlet sign posted at the intersection of Baneberry Way. 50. All parking related to the contractor and contractor's employees shall be accommodated within the parcel. 51. The applicant expressed his intent to have the city own Outlot A. 52. The applicant will work with city engineering to mitigate drainage or the need for a swale on the east side of the private road. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Lillehaug: And then I make a motion, the Planning Commission recommends approval of the conditional use permit #2003-6 for the development within the Bluff Creek Overlay District subject to following conditions, I through 2. Sacchet: Do we have a second? I= 1111MITVI 1 1l 41 Planning Commission Meeting — March 16, 2004 Lillehaug moved, Feik seconded that the Planning Commission recommends approval of the Conditional Use Permit #2003-6 for development within the Bluff Creek Overlay District subject to the following conditions: 1. The primary zone boundary shall be amended to include the wooded area in the rear (westernmost) portion of Lot 4. 2. A conservation easement shall be dedicated over the primary zone. All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone." All voted in favor and the motion carried unanimously with a vote of 5 to 0. Sacchet: We'll take a 5 minute recess. We'll continue at a quarter to 9:00. PUBLIC HEARING: REQUEST FOR SUBDIVISION OF 2.1 ACRES INTO 3 SINGLE FAMILY LOTS WITH VARIANCES; LOTS 1 & 2 PLEASANT VIEW; 400 PLEASANT VIEW ROAD; KENYON BLUFF, CBR DEVELOPMENT, PLANNING CASE #04-03. Public Present: Name Address Jacie & Max Hurd Sandy Olson Maryevelyn Monty Larry Tivy Tom Rollings Don & Darlene Miller 6695 Horseshoe Curve 6696 Horseshoe Curve 370 Pleasant View Road 370 Pleasant View Road 4550 Weston Lane, Plymouth 395 Pleasant View Road Mary Ann & Gary McCauley 420 Pleasant View Nick Perkins 339 Pleasant View Road Katrina Clemens 6691 Horseshoe Curve Sharmeen Al-Jaff presented the staff report on this item. Sacchet: Thanks Sharmeen. Questions from staff. Bruce. Feik: I'll start. The abandonment is really a housekeeping issue. This could go forward without the abandonment? They don't need the square footage. Al -Jaffa That's true. 42 MEMORANDUM TO: Todd Gerhardt, City Manager CITYOF CfMWSEN FROM: Bob Generous, Senior Planner DATE: September 27, 2004 7700 Market Boulevard Chanhasssen, MN755317 SUBJ: Certificate of Correction — Walnut Grove 2°d Addition Planning Case No. 04-10 Administration Phone. 952.227.1100 Fax: 952.227.1110 EXECUTIVE SUMMARY Building Inspections Phone: The surveyor has requested that City Council approval a correction to the legal 522.27,1190 Fax: 952.227.1190 description of the approved final plat for Walnut Grove 2°d Addition. The legal Engineering description and plat show an incorrect dimension of 33.12 feet which should be Phone:952.227.1160 33.21 feet. The legal description shows a direction of "Southeast East" which Fax: 952.227.1170 should only be "East". Finance Phone: 952.227.1140 ACTION REQUIRED Fax:952.227.1110 Pork & Recreation City Council approval requires a majority of City Council present. Phone: 952.227.1120 Fax: 952.227.1110 BACKGROUND Recreation Center 2310 Coulter Boulevard Phone:952.227.1400 City Council approved the final plat for Walnut Grove 2°d Addition on June 14, Fax:952.227.1404 2W4. Planning 8 Natural Resources RECOMMENDATION Phone: 952.227.1130 Fax: 952.227 1110 Staff recommends adoption of the following: Public Worlls 1591 Park Road "The Chanhassen City Council approves the Certificate of Correction dated Phone: 952.227.1300 September 9, 2004 for the plat of Walnut Grove 2°d Addition." Fax: 952.227.1310 Senior Center ATTACHMENTS Phone: 952.227.1125 Fax:952.227.1110 1. Land Surveyor's Certificate of Correction Web site 2. Reduction of the Approved Final Plat for Walnut Grove 2' Addition wwwci.chanhassen.mo.us gAplan\2004 planning cases\04-10 -walnut grove 2nd addition\certificate of cocrection.doc Lk 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. LAND SURVEYOR'S CERTIFICATE OF CORRECTION to part of the plat of: WALNUT GROVE eD ADDITION Pursuant to the provisions of Chapter 505.174 Laws of Minnesota, 1957, Edward J. Otto, the undersigned, a Licensed Land Surveyor in and for the State of Minnesota, declares as follows: That I prepared the plat of WALNUT GROVE eD ADDITION dated , and filed on , in the Office of the County Recorder, Carver County, Minnesota in Sleeve No. , Document No. 2. That said plat contains errors, omissions or defects in the following particulars, to wit: a. On Sheet 1 in the second to last line of the first line of the description, a dimension of 33.12 is given and on Sheet 2 this same 33.12 dimension is shown from the centerline of Galpin Lake Road to the previous right-of-way line on the southerly extension of the east line of the plat. b. On Sheet 1 in the first line of the third paragraph of the description a call of "South 65 degrees 12 minutes 03 Southeast East" is given. 3. That said plat is hereby corrected in the following particulars, to -wit: a. Said 33.12 should be changed to 33.21 in both places. b. Said call should read "South 65 degrees 12 minutes 03 seconds East". Dated September 9, 2004 Edward J. Otto, Lapourveyor Minnesota LicenseNo. 14343 The above Certificate of Correction to the plat of WALNUT GROVE 2NO ADDITION was approved and accepted by the City Council of the City of Chanhassen, Minnesota, at a meeting held this day of 20 CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA Mayor Clerk I hereby certify that this instrument was filed in the Office of the County Recorder of record on this _ day of 20. at _ o'clock _,M. and was duly recorded in Cabinet No. , Document No. Carver County Recorder WALNUT GROVE 2ND ADDITION NAG. 41 NEl 91 1HESE xRESEM Met pMp✓Iwli Oewlepmen 1. P McMod,b .. 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Nw,M J., Cwnly mean, by CITY OP CHANHASSEN RECEIVED MAY 18 2004 CHANHAEBEN PUNNING OEPT bsonATEs WALNUT GROVE 2ND ADDITION �ih'vw yr pp I 8LOcK OUTLOTA (GACPro Ou P ' \ j / �kpmOgO� RO'40iy0 17) •.,W � R\ ARSE w,fi* a� \ P �{ aw.a"unvrunww"nwswonnrroa R�+i•:! W ••"• w• I 1 � �w urauwi,er un� 1 1 f wu. "w'6nx nroM..n.wwL.n"w.. roo 04-1b Planning Commission Summary — March 16, 2004 7. The material placed underneath the deck shall allow drainage to occur. 8. The applicant will work with the city to inventory the trees and consider the best location for the driveway in terms of trees and safety. 9. The applicant will work with the engineering staff to address drainage concerns on the site. All voted in favor and the motion carried unanimously with a vote of 5 to 0. RECONSIDERATION OF SUBDIVISION OF WALNUT GROVE 2No ADDITION, JOHN KLINGELHUTZ, PLANNING CASE #04-10. Public Present: Name Address Susan Remaley 2198 Baneberry Way West John Klingelhutz 1560 Bluff Creek Erik Johnson 350 E. Hwy 212, Chaska Elissa Ellefson 2194 Baneberry Way West. Bob Generous presented the staff report on this item. Commissioner Claybaugh asked staff to explain why a PUD and density transfer can't be used in this case. Commissioner Slagle asked for a quick overview of what had improved since the last time the Planning Commission saw this application. Commissioner Feik asked staff if they had discussed the conditions with the applicant. Bob Generous stated he had not personally talked with the applicant but they had the staff report and hadn't called staff. Commissioner Lillehaug asked for clarification regarding sewer and water service and abandonment of the existing septic sewer system, and the width of the storm sewer easement running between Lots 2 and 3. Chairman Sacchet asked for clarification on the ownership of the outlot, the style of houses proposed for the lots, the proposed grading and slopes, and the width of the private drive. Commissioner Claybaugh asked about the condition requiring inspection of the private driveway, and clarification that in the future an adjacent property owner couldn't acquire the outlot and ask for a variance for density transfer. The applicant, John Klingelhutz, 1560 Bluff Creek addressed issues brought up by the commission regarding ownership of the oudot, stating he will give the outlot to the city. Chairman Sacchet opened the public hearing. Susan Remaley, 2198 Baneberry Way West thanked the commission, staff and the developer for the new plan. She asked staff to clarify where the turn around is located and grading in regards to runoff and drainage. Elissa Ellefson, 2194 Baneberry Way West expressed concern with the construction traffic. The applicant stated if it is possible to have construction access off of Galpin, they will do that. Chairman Sacchet closed the public hearing. After discussion the following motions were made. Planning Commission Summary —March 16, 2004 Lillehaug moved, Feik seconded that the Planning Commission recommends approval of the rezoning of the property from Agricultural Estate District, A2 to Single Family Residential District, RSF. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Lillehaug moved, Feik seconded that the Planning Commission recommends approval of the preliminary plat for Walnut Grove Second Addition with lot width variances and one (1) foot side yard setback variances and a variance for the use of a private street, according to the plans prepared by Otto Associates, date stamped Received February 12, 2004, subject to the following conditions: At the time of final plat recording, the developer shall pay full park dedication fees for the three lots that are subject to park dedication fees. 2. Adjust the lot line(s) to assure that all lots meet or exceed the 15,000 square -foot minimum lot area. 3. Individual sewer and water services must be provided and for Lots 1— 4 and indicated on the plans. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. 5. The old individual sewage treatment site for the existing home must be removed in accordance with MPCA regulations if encountered during grading procedures. 6. A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, 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 #9-01. 7. "No Parking Fire Lane" signs will be required on the new private street. Pursuant to Chanhassen Fire Prevention Policy #06-1991. Copy enclosed. 8. Conservation easements shall be dedicated over all areas within the Bluff Creek primary zone. 9. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall protect trees on proposed lots as well as trees in neighboring properties located next to the grading limits. 10. Any trees lost due to construction that are not shown as such on plans shall be replaced at a rate of 2:1 diameter inches. 4 Planning Commission Summary — March 16, 2004 11. Applicant shall submit landscape plans for city review and approval prior to final plat approval. A minimum of one overstory tree will be required in the front yard of each lot. 12. Buffer yard plantings are required along Galpin Boulevard. Planting requirements are: 1 overstory tree, 2 understory trees, and 4 shrubs. 13. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. 14. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around the wetland. The wetland buffer shall be 0 along the east side of the wetland and 20 ft. on the north and west sides. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 15. The grading and erosion control plan shall show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland buffer or, if no buffer is to be preserved, from the delineated wetland edge. 16. The primary zone boundary shall be amended to include the wooded area in the rear (westernmost) portion of Lot 4. 17. A conservation easement shall be dedicated over the primary zone. All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone. 18. The proposed development shall maintain existing runoff rates. On -site storm water ponding shall be sufficient to meet all City water quality and quantity standards. 19. A manhole with a two -foot sump shall be installed as the last road accessible structure prior to discharge into the storm water pond. 20. Riprap and geotextile fabric shall be installed at the flared end sections of the inlet and outlet of the storm water pond. 21. Drainage and utility easements shall be provided over all existing wetlands, wetland buffer areas and storm water infrastructure. 22. A drainage and utility easement shall be dedicated over the 9 feet either side of the property line between Lots 2 and 3 in order to accommodate access for future storm water infrastructure maintenance. A drainage and utility easement shall be dedicated 5 Planning Commission Summary —March 16, 2004 over the areas in the western portions of Lots 3 and 4 that are currently not encumbered by drainage and utility easements since water discharged from the storm water pond will flow through this area as it moves toward the wetland. 23. Type III silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. Silt fence shall be provided as needed to prevent sediment from leaving the site. 24. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. 25. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: 26. Type of Slone Stabilized within Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days 27. These areas include 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. 28. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 29. Based on the proposed developed area of approximately 3.09 acres, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $11,041. 30. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Health, Carver County, Metropolitan Council Environmental Services, etc. and comply with their conditions of approval. 31. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 32. Sanitary sewer and water hookup charges are applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. Hook-up charges are based on the number of SAC units assigned by the Met Council for each lot. rl Planning Commission Summary — March 16, 2004 33. The applicant will be required to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements shall be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. 34. Tree preservation fencing must be installed at the limits of tree removal. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner. 35. The applicant must enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 36. Submit detailed construction plans and specifications for the public utility improvements before final platting. 37. Construct public utility improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates. 38. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 39. Seed and mulch or sod the site within two weeks of grading. Submit a haul route for City approval prior to any hauling. 40.On the grading plan: a. Revise the side slopes along the east side of the private drive to be a maximum of 3:1 or install a retaining wall. b. Add Type III silt fence along the secondary bluff creek zone line on the south side and Type II silt fence along the west and east sides of the grading area. c. Show a minimum 75-foot rock construction entrance. d. Show all existing and proposed easements. e. Add a bench mark. f. Show the storm sewer manhole rim and invert elevations. 41. On the utility plan: a. Show the proposed utility lines 10 feet inside the property line. b. Add a note "connection to existing manhole must be core drilled." c. Show sanitary manhole rim and invert elevations. d. Show all existing and proposed utility easements. e. Show the location of existing water and sanitary services to Lot 1. Planning Commission Summary — March 16, 2004 42.On the street and storm plan: a. Last stone manhole discharging to the pond must include a 3-foot sump. b. Show the proposed and existing street easements. 43. Add a legend to the plans. 44. The driveway easement must be 30 feet wide with 20 feet of hard -surface pavement and built to a 7-ton design. 45. Submit an inspection report certifying that the private street is built to a 7-ton design. Independent testing shall be done on Baneberry Way West to document the condition of the road in advance of construction and at the completion of construction to look at the same conditions and file a report with the rest of their test findings. 46. Elevation of lowest house opening must be three feet above high water level of the proposed pond. 47. A 30-foot wide public drainage and utility easement must be dedicated on the final plat over the public sewer and water lines. 48. Structure setbacks shall comply with the following table: Setbacks: front, rear, side, Bluff Creek primary zone, wetland buffer Lot 1 30, 30, 10, na, na Lot 2 30, 30, 9, na, na Lot 3 30, 30, 9, 40, 40 Lot 4 30, na, 9, 40, 40 49. No outlet sign posted at the intersection of Baneberry Way. 50. All parking related to the contractor and contractor's employees shall be accommodated within the parcel. 51. The applicant expressed his intent to have the city own Outlot A. 52. The applicant will work with city engineering to mitigate drainage or the need for a swale on the east side of the private road. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Lillebaug moved, Feik seconded that the Planning Commission recommends approval of the Conditional Use Permit #2003-6 for development within the Bluff Creek Overlay District subject to the following conditions: Planning Commission Summary — March 16, 2004 1. The primary zone boundary shall be amended to include the wooded area in the rear (westernmost) portion of Lot 4. 2. A conservation easement shall be dedicated over the primary zone. All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone." All voted in favor and the motion carried unanimously with a vote of 5 to 0. PUBLIC HEARING: REQUEST FOR SUBDIVISION OF 2.1 ACRES INTO 3 SINGLE FAMILY LOTS WITH VARIANCES: LOTS 1 & 2 PLEASANT VIEW: 400 PLEASANT VIEW ROAD: KENYON BLUFF, CBR DEVELOPMENT, PLANNING CASE #04-03. Public Present: Name Address Jacie & Max Hurd Sandy Olson Maryevelyn Monty Larry Tivy Tom Rollings Don & Darlene Miller Mary Ann & Gary McCauley Nick Perkins Katrina Clemens 6695 Horseshoe Curve 6696 Horseshoe Curve 370 Pleasant View Road 370 Pleasant View Road 4550 Wesson Lane 395 Pleasant View Road 420 Pleasant View 339 Pleasant View Road 6691 Horseshoe Curve Sharmeen Al-Jaff presented the staff report on this item. Commissioner Lillehaug asked for clarification on curb and gutter requirement and the 10 percent grade of the driveway. Commissioners Slagle and Claybaugh asked staff about their concern with the location and grade of the access onto Pleasant View Road. Chairman Sacchet asked staff to clarify their concerns with the proposed grading in the rear yard areas of Lots 1 and 2, house pad placement and the use of retaining walls. The applicant, Tom Rollings, CBR Development, 4550 Weston Lane, Plymouth and Tom Goodrum with Schoell & Madsen addressed concerns brought up by the Planning Commission regarding grading and tree preservation, slope and drainage from the driveway, and the placement of the access onto Pleasant View Road. Chairman Sacchet opened the public hearing. Larry Tivy, 370 Pleasant View Road is the adjacent property owner to this site. He expressed concern with the vacancy of Oak Grove Street and the placement of the home on Lot 1 in relationship to his home. Gary McCauley, 420 Pleasant View Road stated he W 0 CITY OF CIIMSEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone:952227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone. 952 227.1160 Fax 952 227.1170 Finance Phone: 952227.1140 Fax 952.227.1110 Park A Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning 6 Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner A 64� DATE: April 12, 2004 � " SUBJ: Rezoning from Agricultural Estate District, A2, to Single Family Residential District, RSF; preliminary plat approval creating four lots for single-family homes with variances for the use of a private street, lot width and side yard setbacks; and conditional use permit approval for development within the Bluff Creek Overlay District, Walnut Grove 2°d Addition Planning Case No. 04-10 EXECUTIVE SUMMARY The development was previously reviewed by City Council and returned to the Planning Commission for review. Previously, the development consisted of two twin homes and the existing single-family home. This plan consists of three new single-family detached houses and the existing single-family home. ACTION REQUIRED City Council approval requires a majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on March 16, 2004, to review the proposed development. The Planning Commission voted 5 to 0 to approve the proposed development. The summary and verbatim minutes are item la in this packet. RECOMMENDATION Senior center Staff and the Planning Commission recommend adoption of the three motions Phone:952.227.1125 (rezoning, subdivision with variances and conditional use permit) approving the Fax: 952.227.1110 development as specified in the staff report dated March 16, 2004. Web Site www.ci.chanhassen.mn.us ATTACHMENTS Planning Commission Staff Report Dated March 16, 2004. glplanx2004 planning casesx04-10 -walnut grave 2nd additionxexecutive summary.doc 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. PC DATE: March 16, 2004 CITY OF CHANHASSEN STAFF REPORT CC DATE: April 12, 2004 REVIEW DEADLINE: 4/12/04 CASE #: 04-10 BY: Robert Generous, et al. PROPOSAL: Request for rezoning from Agricultural Estate District, A2, to Single Family Residential District, RSF; preliminary plat approval creating four lots for single-family homes with a variance for the use of a private street, lot width and side yard setbacks; and conditional use permit approval for development within the Bluff Creek Overlay District. LOCATION: 7305 Galpin Blvd. APPLICANT: Klingelhutz Development 350 East Highway 212 Chaska, MN 55318 (952) 448-3330 PRESENT ZONING: Agricultural Estate District, A2, and Bluff Creek Overlay District, BCO 2020 LAND USE PLAN: Residential — Low Density (net density 1.2 — 4.0 units per acre) ACREAGE: 3.09 DENSITY: 1.62 gross, 2.44 net SUMMARY OF REQUEST: Rezoning of the property to RSF to permit the existing single-family home and three detached single-family homes; subdivision approval creating four lots and one outiot containing Bluff Creek and the majority of the Bluff Creek primary zone with a variance for the use of a private street for access and one -foot side yard setback and lot width variances for three lots; and a conditional use permit for development within the Bluff Creek Overlay District. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City has a relatively high level of discretion in approving rezonings because the City is acting in its legislative or policy making capacity. A rezoning must be consistent with the City's Comprehensive Plan. The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. Planning Case No. 04-10 Walnut Grove 2nd Addition Location Map a Z Ma e5tic `NaY d Hill GI, LL U c $ 'a F $ 3 J Brinker Street � m` Walnut Curve Subject Property A e oA 0 n a 3 m m U' ® y t�ht1-1 c� W 78I CMaM°'�r axcon Wa„ m h Sireej m H+i4 fl 11�+ LN wawdw Rxe ateAear Plata E Y ® 0 CO 6 m Walnut Grove 2"d Addition March 16, 2004 Page 2 1 e JU_lu 1 The developer is proposing an infill development creating three new single-family dwellings. The surrounding property was developed as part of the Walnut Grove development. The applicant is rezoning the property to Single Family Residential District, RSF, which permits single-family lots of 15,000 square feet. As part of the request, the developer is requesting lot width variances and side yard setback variances to permit one 60-foot wide lot and two 61-foot wide lots. In conjunction with the rezoning, the applicant is subdividing the property to create one lot around the existing single-family house (Lot 1) and three new single-family lots. Access to the existing home is proposed to remain off Galpin Boulevard. Access to the new homes will be via a private street which connects to Baneberry Way West, which is a private street. An access easement for this property was recorded as a condition of the Walnut Grove development. Sewer and water is available through the Walnut Grove project. Private streets require variance approval as part of a single-family subdivision. A conditional use permit is required for all development within the Bluff Creek Overlay district. The subdivision of the property is an attempt to implement the Bluff Creek Overlay District clustering requirements outside of the Planned Unit Development (PUD) ordinance and provide a housing type that is comparable to the surrounding development, which leads to the variance requests for lot width and side yard setbacks. The existing PUD ordinance does not permit density transfer or clustering for properties guided Residential — Low Density. Instead, the ordinance permits lot sizes down to 11,000 square feet with an average lot size within the development of 15,000 square feet. However, the single-family PUD requires minimum lot dimensions of 90 feet by 100 feet. The proposed development could be permitted without variances with a re -guiding of the property to Residential — Medium Density (net density range 4.0 — 8.0 units per acre), but such an amendment would only be a subterfuge since the intent is to maintain a density in this development below four units per acre. The applicant has included the majority of the Bluff Creek Primary Zone in Outiot A. Conservation easements shall be placed over all areas within the Bluff Creek primary zone. This will allow the City to restore and/or manage the natural resources in these areas. The developer may dedicate Outlot A to the City. The townhouse lots on Baneberry Way West leading into this development range in size from 1,473 square feet to 2,210 square feet with lot widths between 26 and 39 feet. The single-family homes on Walnut Curve are on lots between 9,912 square feet to 25,337 square feet with lot widths between 70 feet and 111 feet. The bungalow lots range in size from 3,747 square feet to 4,920 square feet with lot widths between 46.5 feet and 84 feet. The houses proposed with this development would be very similar to the bungalow homes in the Walnut Grove development. The proposed house sizes have main floor areas of 1,050 to 1,337 square feet which is comparable and compatible to the bungalow units with main floors of 1,350 to 1,600 square feet. The proposed houses include two walkout styles and one lookout style home. The proposed houses are on lots with lot areas consistent with typical single family homes. The site is heavily wooded in the southern one-third of the site, adjacent to Bluff Creek. The property slopes from a high point in the northeast comer at elevation 984 down to the creek at an elevation of 944. The developer is preserving the southern portion of the property as part of Outlot A. The proposed development is consistent with the comprehensive plan. Approval of the lot width and side yard setback variance will make the subdivision comply with the zoning ordinance. Staff is recommending approval of the rezoning, subdivision with lot width and side yard setback variances and a variance for the use of a Walnut Grove 2"d Addition March 16, 2004 Page 3 private street, and a conditional use permit for development within the Bluff Creek Overlay District. The applicant will need to revise the plat slightly to assure that all lots meet the 15,000 square foot minimum lot area. BACKGROUND The house was built in 1908. Development of Walnut Grove, the project to the east, began in 1997. An access easement, permitting the property to use Baneberry Way West, was recorded as part of the plat for Walnut Grove. This project was reviewed by the City Council on November 10, 2003, and remanded to the Planning Commission for their review. The applicant has revised the plan, eliminating the four twin home units and prepared a single-family detached plan on lots which meet the lot area and depth requirements, with a minor adjustment, but do not comply with the lot width requirement for RSF zoned property. APPLICABLE REGULATIONS Chapter 18, Subdivisions Sections 20-41 through 2045, Amendments Section 20-56 through 20-60, Variances Sections 20-221 through 20-237, Conditional Use Permits Sections 20-611 through 20-616, RSF district regulations Sections 20-1551 through 20-1564, Bluff Creek Overlay District LANDSCAPWGTREE PRESERVATION Tree canopy coverage and preservation calculations have been submitted for Walnut Grove 2nd Addition. They are as follows: Total upland area (excluding wetlands) 132,200 SF or 3.03 ac. Baseline canopy coverage 36% or 47,485 SF Minimum canopy coverage allowed 30% or 39,660 SF Proposed tree preservation 34% or 44,533 SF Developer does meet minimum canopy coverage requirements. Bufferyard plantings are required along Galpin Boulevard for Lots 2-4. Total plantings required are: 1 overstory 2 understory 4 shrubs PARKS AND OPEN SPACE The homes being developed in Walnut Grove 2°d Addition lie within the service area of Sugar Bush Park. The pedestrian trail along Galpin Boulevard borders all of the proposed lots; however, access to the trail will be through the rear yards. The single condition of approval for this addition regarding parks and trails Walnut Grove 2"d Addition March I6, 2004 Page 4 should be the payment of park dedication fees in lieu of land dedication or trail construction. The fee only applies to the three new lots for a total of $8,400. WETLANDS One wetland basin exists on -site. The wetland is an agturban wetland that is a part of the Bluff Creek corridor. It is dominated by reed canary grass. No wetland impact is proposed. A wetland buffer of 0 to 20 feet in width (with a minimum average of 10 feet) must be maintained around the wetland. In order to accommodate the proposed building location on Lot 4, the wetland buffer should be 0 along the east side of the wetland and should be 20 feet on the north and west sides. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. The grading and erosion control plan should show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland buffer or, if no buffer is to be preserved, from the delineated wetland edge. BLUFF CREEK OVERLAY DISTRICT The Bluff Creek Overlay District was adopted in December 1998 as a tool for the preservation of Bluff Creek and the natural resources within its corridor. Bluff Creek flows through the southern portion of this property. The property also contains a forested riparian corridor and an aglurban wetland. The primary zone encompasses the forested area, the wetland, and the wetland buffer. The secondary zone encompasses the primary zone and the first 20 feet of the setback. A conservation easement should be dedicated over the primary zone. All structures must maintain at least a 40 foot setback from the primary zone. No disturbance of the site may occur within the first 20 feet of the setback. No alterations are proposed within the overlay district. Open space must comprise 100% of the primary zone. GRADING, DRAINAGE AND EROSION CONTROL The plans propose to grade about 25% of the site for the new house pads, a proposed private driveway and a stormwater pond. The proposed lots are located in the east central portion of the site. The proposed grading will prepare the site for look -out and walk -out house pads on Lots 2, 3 and 4, Block 1. The proposed slopes along the east side of the new private driveway are steeper than 3:1. The City allows maximum side slopes of 3:1; otherwise retaining walls must be used. The applicant must revise the plans to comply. The existing site drainage flows south toward the existing creek. The plans propose to convey the drainage from the northeast portion of the site to the private street and carry the stormwater via storm sewer to a proposed NURP pond. The remaining portion of the site will drain overland to the proposed stormwater pond and/or the creek. Staff is recommending that the elevation of the lowest opening on the adjacent homes be three feet above the high water level of the proposed pond. Drainage calculations have been submitted for the site and some modifications are still needed. The applicant will be inquired to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The Walnut Grove 2"d Addition March 16, 2004 Page 5 storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. Staff recommends that Type III silt fence be used along the south side adjacent to the secondary Bluff Creek line and Type II silt fence along the east and west sides of the grading area. In addition, tree preservation fencing must be installed at the limits of tree removal. A 75-foot minimum rock construction entrance must be added to the entrance that will be accessed during construction. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner. Storm Water Management The proposed development is required to maintain existing runoff rates. On -site storm water ponding must be sufficient to meet all City water quality and quantity standards. A manhole with a two -foot sump should be installed as the last road -accessible structure prior to discharge into the storm water pond. Riprap and geotextile fabric should be installed at the flared end sections of the inlet and outlet of the storm water pond. Easements Drainage and utility easements should be provided over all existing wetlands, wetland buffer areas, and storm water infrastructure. A drainage and utility easement should be dedicated over the 10 feet either side of the property line between Lots 3 and 4 in order to accommodate access for future storm water infrastructure maintenance. A drainage and utility easement should also be dedicated over the area in the southwestern portion of Lot 3 that is currently not encumbered by a drainage and utility easement since water discharged from the storm water pond will flow through this area as it moves toward the wetland. Erosion Control Type III silt fence should be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. All upland areas disturbed as a result of construction activities shall be immediately restored with seed and disc -mulched, covered with a wood -fiber blanket, or sodded within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. Surface Water Management Fees Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $949/acre. Based on the proposed developed area of approximately 2.24 acres, the water quality fees associated with this project are $2,126. 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 have a Walnut Grove 2"d Addition March 16, 2004 Page 6 connection charge of $2,348 per developable acre. This results in a water quantity fee of approximately $5,259 for the proposed development. SWMP Credits This project proposes the construction of a NURP pond. The applicant will be credited for water quality where NURP basins are provided to treat runoff from the site. This will be determined upon review of the ponding and storm sewer calculations. Credits may also be applied to the applicant's SWMP fees for oversizing in accordance with the SWMP or the provision of outlet structures. The applicant will not be assessed for areas that are dedicated outlots. No credit will be given for temporary pond areas. At this time, the estimated total SWMP fee, due and payable to the City at the time of final plat recording, is $7,385. Other Agencies The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley - Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. Municipal sewer and water service is available to the site from Baneberry Way. The existing house on Lot 1 is already connected to municipal sewer and water. The applicant is proposing to extend sewer and water lines along the private driveway to serve Lots 2, 3 and 4. The proposed sanitary manholes must be low enough to serve the basement of Lots 2, 3 and 4, Block 1 and the public utility lines must be 10 feet inside the property line. In addition, a 30-foot wide public drainage and utility easement must be dedicated on the final plat over the public sewer and water lines. According to the City's Finance Department records, the parcel was previously assessed for one sanitary sewer and water hookup. Since the developer will be responsible for extending lateral sewer and water service to the lots, the sanitary sewer and water connection charges will be waived. However, the sanitary sewer and water hookup charges will still be applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. Hookup charges are based on the number of SAC units assigned by the Met Council for each lot. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Upon completion of the utility improvements, the utilities will be turned over to the City for maintenance and ownership. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, Department of Health, MCES, Carver County and Watershed District. Walnut Grove 2"d Addition March 16, 2004 Page 7 STREETS The applicant is proposing two accesses to the proposed lots. On the northwest corner of the parcel, an existing access off Galpin Lake Road will be utilized to serve the existing house on Lot 1. Another proposed new access off Baneberry Way will be servicing Lots 2, 3 and 4 as a private street. As such, the private street easement must be 30 feet wide with 20 feet of hard -surface pavement and built to a 7-ton design. The developer must submit an inspection report certifying that the private street is built to a 7-ton design. The applicant is proposing a hammerhead turnaround. At this stage, the Engineering Department and the Fire Marshal are fine with the proposed turnaround and the removal of the existing temporary cul- de-sac at the end of Baneber y Way. EASEMENTS Conservation easements shall be dedicated over all areas within the Bluff Creek primary zone. REZONING/COMP PLAN The proposed development is consistent with the Residential — Low Density land use designation which permits a maximum net density of 1.2 to 4.0 units per acre with a net density of 2.44 units per acre. The proposed development is preserving the Bluff Creek corridor as permanent open space. COMPLIANCE TABLE Area (square feet) Width (feet) Depth (feet) Setbacks: front, rear, side, Bluff Creek primary zone,wetland Code 15,000 100 125 30, 30,10, 40, 40 Lot 1 26,026 104 250 30, 30,10, na na Lot 2 15,247 61 250 30, 30, 9, na, na Lot 3 14,994 # 60 250 30, 30, 9, 40, 40 Lot 4 15,244 61 250 30, na, 9, 40, 40 Outlot A (Bluff Creek Primary Zone) 41,246 ROW 21,843 Total 134,600 (Lots 2, 3 and 4 would have 9-foot side yard setbacks) # The lot lines shall be adjusted to create a 15,000 square foot or larger lot. PRIVATE STREET FINDINGS In order to permit private streets, the city finds that the following conditions exist: 1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. The site is being accessed via an existing private street through the Walnut Grove development for Walnut Grove 2"d Addition March 16, 2004 Page 8 which an access easement was recorded as part of the Walnut Grove development. The location of the Bluff Creek Primary zone and the small wetland on site make it unfeasible to construct a public street. Additional access to Galpin Boulevard is not desirable. 2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. No additional access will be permitted to Galpin Boulevard. 3) The use of the private street will permit enhanced protection of the city's natural resources including wetlands and forested areas located in the Bluff Creek primary zone. VARIANCE FINDINGS WITHIN SUBDIVISONS The city may grant a variance from the regulations of the subdivision ordinance as part of the plat approval process following a finding that all of the following conditions exist: 1) The hardship is not a mere inconvenience. Finding: The hardship is not a mere inconvenience. The proposed private street preserves significant site features and connects to an existing private street. The lot width variance and side yard setback variance permit the implementation of the Bluff Creek Overlay District. 2) The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. Finding: The hardship is caused by the particular physical surroundings, shape and topographical conditions of the land, namely the Bluff Creek primary zone and the access via an existing private street. 3) The conditions upon which the request is based are unique and not generally applicable to other property. Finding: The conditions upon which the request is based are unique and not generally applicable to other properties due to the unique site features. 4) The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Finding: The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance, and comprehensive plan. RECOMMENDATION Staff recommends that the City Council adopt the following three motions (rezoning, subdivision with variances and conditional use permit) based on the findings in the staff report: Walnut Grove 2"d Addition March 16, 2004 Page 9 A. "The Chanhassen of City Council approves the rezoning of the property from Agricultural Estate District, A2, to Single Family Residential District, RSF." B. "The Chanhassen Planning GewArissien feeeffffaends appfaval City Council approves the preliminary plat for Walnut Grove Second Addition with lot width variances and one (1) foot side yard setback variances and a variance for the use of a private street, according to the plans prepared by Otto Associates, date stamped Received February 12, 2004, subject to the following conditions: 1. At the time of final plat recording, the developer shall pay full park dedication fees for the three lots that are subject to park dedication fees. 2. Adjust the lot line(s) to assure that all lots meet or exceed the 15,000 square -foot minimum lot area. 3. Individual sewer and water services must be provided and for Lots 1— 4 and indicated on the plans. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. 5. The old individual sewage treatment site for the existing home must be abandoned in accordance with MPCA regulations . 6. A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, 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 #9-01. 7. "No Parking Fire Lane" signs will be required on the new private street. Pursuant to Chanhassen Fire Prevention Policy #06-1991. Copy enclosed. 8. Conservation easements shall be dedicated over all areas within the Bluff Creek primary zone. 9. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall protect trees on proposed lots as well as trees in neighboring properties located next to the grading limits. 10. Any trees lost due to construction that are not shown as such on plans shall be replaced at a rate of 2:1 diameter inches. 11. Applicant shall submit landscape plans for ity review and approval prior to final plat approval. A minimum of one overstory tree will be required in the front yard of each lot. 12. Bufferyard plantings are required along Galpin Boulevard. Planting requirements are: 1 overstory tree, 2 understory trees, and 4 shrubs. 13. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. Walnut Grove 2"d Addition March 16, 2004 Page 10 14. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around the wetland. The wetland buffer shall be 0 along the east side of the wetland and 20 ft. on the north and west sides. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 15. The grading and erosion control plan shall show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland buffer or, if no buffer is to be preserved, from the delineated wetland edge. 16. The primary zone boundary shall be amended to include the wooded area in the rear (westernmost) portion of Lot 4. 17. A conservation easement shall be dedicated over the primary zone. All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone. 18. The proposed development shall maintain existing runoff rates. On -site storm water ponding shall be sufficient to meet all City water quality and quantity standards. 19. A manhole with a two -foot sump shall be installed as the last road accessible structure prior to discharge into the storm water pond. 20. Riprap and geotextile fabric shall be installed at the flared end sections of the inlet and outlet of the storm water pond. 21. Drainage and utility easements shall be provided over all existing wetlands, wetland buffer areas and storm water infrastructure. 22. A drainage and utility easement shall be dedicated over the 48 9 feet either side of the property line between Lots 2 and 3 in order to accommodate access for future storm water infrastructure maintenance. A drainage and utility easement shall be dedicated over the areas in the western portions of Lots 3 and 4 that are currently not encumbered by drainage and utility easements since water discharged from the storm water pond will flow through this area as it moves toward the wetland. 23. Type III silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. Silt fence shall be provided as needed to prevent sediment from leaving the site. 24. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. 25. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: Walnut Grove 2"d Addition March 16, 2004 Page 11 26. Type of Slope Stabilized within Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days 27. These areas include 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. 28. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 29. Based on the proposed developed area of approximately 3.09 acres, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $11,041. 30. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley - Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Health, Carver County, Metropolitan Council Environmental Services, etc. and comply with their conditions of approval. 31. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 32. Sanitary sewer and water hookup charges are applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. Hook- up charges are based on the number of SAC units assigned by the Met Council for each lot. 33. The applicant will be required to meet the existing site runoff rates for the 10-year and 100-year, 24- hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements shall be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. 34. Tree preservation fencing must be installed at the limits of tree removal. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner. 35. The applicant must enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 36. Submit detailed construction plans and specifications for the public utility improvements before final platting. Walnut Grove 2"d Addition March 16, 2004 Page 12 37. Construct public utility improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates. 38. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 39. Seed and mulch or sod the site within two weeks of grading. Submit a haul route for City approval prior to any hauling. 40.On the grading plan: a. Revise the side slopes along the east side of the private drive to be a maximum of 3:1 or install a retaining wall. b. Add Type III silt fence along the secondary bluff creek zone line on the south side and Type II silt fence along the west and east sides of the grading area. c. Show a minimum 75-foot rock construction entrance. d. Show all existing and proposed easements. e. Add a bench mark. f. Show the storm sewer manhole rim and invert elevations. 41.On the utility plan: a. Show the proposed utility lines 10 feet inside the property line. b. Add a note "connection to existing manhole must be core drilled." c. Show sanitary manhole rim and invert elevations. d. Show all existing and proposed utility easements. e. Show the location of existing water and sanitary services to Lot 1. 42.On the street and storm plan: a. Last storm manhole discharging to the pond must include a 3-foot sump. b. Show the proposed and existing street easements. 43. Add a legend to the plans. 44. The driveway easement must be 30 feet wide with 20 feet of hard -surface pavement and built to a 7-ton design. 45. Submit an inspection report certifying that the private street is built to a 7-ton design. 46. Elevation of lowest house opening must be three feet above high water level of the proposed pond. 47. A 30-foot wide public drainage and utility easement must be dedicated on the final plat over the public sewer and water lines. Walnut Grove 2nd Addition March 16, 2004 Page 13 48. Structure setbacks shall comply with the following table: Setbacks: front, rear, side, Bluff Creek primary zone, wetland buffer Lot 1 30, 30, 10, na, na Lot 2 30, 30, 9, na, na Lot 3 30, 30, 9, 40, 40 Lot 4 30, na, 9, 40, 40 C. "The Chanhassen City Council approves the Conditional Use Permit #2003-6 for development within the Bluff Creek Overlay District subject to the following conditions: 1. The primary zone boundary shall be amended to include the wooded area in the rear (westemmost) portion of Lot 4. 2. A conservation easement shall be dedicated over the primary zone. All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone." ATTACHMENTS: 1) Findings of Fact and Recommendation. 2) Development Review Application. 3) Reduced Copy of Preliminary Plat Sheets 1-5. 4) Birchwood House Plan. 5) Oakside House Plan. 6) Maple Leaf House Plan. 7) Memo from Steven Torell to Bob Generous dated 3/1/04. 8) Memo from Mark Littfin to Robert Generous dated 2/25/04. 9) Letter from Carver Soil & Water Conservation District to Robert Generous dated 9/23/03. 10) Reduced Copy Walnut Grove Preliminary Plat. 11) Reduced Copy Walnut Grove Site Plan. 12) Portion of Walnut Grove Final Plat (Walnut Curve) — Single -Family Lots. 13) Portion of Walnut Grove Final Plat (Prairie Flower Blvd.) — Bungalow Lots. 14) Portion of Walnut Grove Final Plat (Baneberry Way W.) — Townhouses. 15) Walnut Grove Lot Area Tabulations. 16) Walnut Grove Bungalows, Villas and Villa Townhomes Descriptions. 17) Notice of Public Hearing and Notified Property Owners list. gAplan12004 pbanning cases\04-10 -walnut grove 2nd addition\walnut gmve 2nd staff tepmt.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Klingelhutz Development for a Rezoning from Agricultural Estate District, A2, to Single Family Residential District, RSF; preliminary plat approval creating four lots for single-family homes with a variance for the use of a private street, lot width and side yard setbacks; and conditional use permit approval for development within the Bluff Creek Overlay District. On March 16, 2004, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of Klingelhutz Development for a Rezoning from Agricultural Estate District, A2, to Single Family Residential District, RSF; preliminary plat approval creating four lots for single-family homes with a variance for the use of a private street, lot width and side yard setbacks; and conditional use permit approval for development within the Bluff Creek Overlay District. The Planning Commission conducted a public hearing on the proposed Development preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District, A2. 2. The property is guided in the Land Use Plan for Residential — Low Density uses. The legal description of the property is: see exhibit A. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The property is guided for Residential — Low Density uses. RSF is an appropriate zoning for the property. b) The proposed use is or will be compatible with the present and future land uses of the area. This development will develop at a lower density than the property to the east. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. Access to the existing house will be via the existing driveway on Galpin Boulevard. The additional dwellings will be accessed via Baneberry Way West, a private street. Section 18-39 (f) requires the city make the following findings in approving a Subdivision: 1) The proposed subdivision is consistent with the zoning ordinance; Findine: The subdivision meets all the requirements of the RSF, Residential Single Family District with the exception of the lot width and side yard setbacks for which the applicant is requesting a variance and the Bluff Creek Overlay 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 the Residential — Low Density land use designation. 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. 2 5) The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause excessive environmental damage subject to conditions of approval. 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. 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. 6. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre- existing standards in this neighborhood. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. Finding: The literal enforcement of this chapter does cause an undue hardship since the majority of the residential housing within 500 feet of the site consist of townhouses and zero lot line detached homes. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. Finding: The conditions upon which a petition for a variance is based are uniques to this property. Access to the site was previously provided via a private street, which this development continues. The proposed development attempts to preserve the Bluff Creek Overlay District within one outlot, as directed by staff, which constricts the width of the lots. The housing is very compatible with other housing within the adjacent development. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Finding: While the subdivision of the property will increase the value of the parcel, the purpose of the variance is to permit the developer to develop the site and preserve the Bluff Creek Corridor. d. The alleged difficulty or hardship is not a self-created hardship. Finding: The access to the site, via a private street, was provided as part of the Walnut Grove Development. The applicant is attempting to meet the city's expectations for preserving the Bluff Creek corridor while developing the site in a reasonable manner. e. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. Finding: The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. The proposed development is very compatible with the Walnut Grove development. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. Finding: The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood 7. Conditional Use Permit. When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: a) The proposed development will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b) The proposed development is consistent with the objectives of the city's comprehensive plan and this chapter. c) The proposed development will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. 0 d) The proposed development will not be hazardous or disturbing to existing or planned neighboring uses. e) The proposed development will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f) The proposed development will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g) The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h) The proposed development will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i) The proposed development will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j) The proposed development will be aesthetically compatible with the area. k) The proposed development will not depreciate surrounding property values. 1) The proposed development meets standards prescribed for certain uses as provided in Bluff Creek Overlay District. 8. The planning report #04-10 dated March 16, 2004, prepared by Robert Generous, et al, is incorporated herein. 5 RECOMMENDATION The Planning Commission recommends that the City Council approve the Rezoning from Agricultural Estate District, A2, to Single Family Residential District, RSF; preliminary plat approval creating four lots for single-family homes with a variance for the use of a private street, lot width and side yard setbacks; and conditional use permit approval for development within the Bluff Creek Overlay District subject to the recommendations contained in the staff report. 10 ADOPTED by the Chanhassen Planning Commission this 16te day of March, CHANHASSEN PLANNING COMNUSSION BY: Uh Sacchet, Chairman EXHIBIT A Legal Description Parcel 1: That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter comer of said Section 10, thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 86 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet to a point on a 3452.34 foot radius curve, the center of circle of said curve bearing North 79 degrees 30 minutes 09 seconds West from said point; thence Southwesterly along said curve, a distance of 469.80 feet, central angle 07 degrees 47 minutes 49 seconds; thence South 18 degrees 17 minutes 40 seconds West along tangent, a distance of 64.00 feet to the actual point of beginning of the tract to be described, • thence continuing South 18 degrees 17 minutes 40 seconds West, a distance of 282.12 feet; thence South 65 degrees 12 minutes 03 seconds East, a distance of 33.12 feet to a point that is hereafter referred to as Point A. Point A is described as beginning at the point of intersection of the Northerly right—of—way line of Minnesota Trunk Highway No. 5 and a line 33.00 feet Southeasterly of, measured at right angles to and parallel with the centerline of Carver County Road No. 117,• thence on an assumed bearing of North 18 degrees 17 minutes 40 seconds East and parallel with the centerline of said Carver County Road No. 117, a distance of 725.00 feet to said Point A. Thence from said Point A, South 65 degrees 12 minutes 03 Southeast East, a distance of 268.73 feet, thence North 18 degrees 17 minutes 40 seconds East, a distance of 316.33 feet, thence North 71 degrees 42 minutes 20 seconds West, a distance of 300.00 feet to the point of beginning. Legal Description Parcel 2• That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter comer of said Section 10, thence on on assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet; thence Southerly a distance of 38379 feet along a curve not tangential with the lost described line, said curve is concave to the West, has a radius 345234 feet and a central angle of 6 degrees 22 minutes 10 seconds and the chord of said curve bears South 13 degrees 40 minutes 55 second West to the point of beginning of the tract to be described; thence continuing Southerly, a distance of 86.01 feet along said curve concave to the West, having a radius of 345234 feet, a central angle of 01 degree 25 minutes 39 seconds; thence South 18 degrees 17 minutes 40 seconds West, tangent to said curve, a distance of 64.00 feet; thence South 71 degrees 42 minutes 20 seconds East, a distance of 300.00 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 150.00 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 301.07 feet to the point of beginning. -- ---- - ---- ------_ I I ucaRRY rCC �pafYOF CHMSER IPlannia, 4 -1 (%t merle/ 63 -Ib 5U8/03-14 ea Z/03-ceo1u0) CII/V F IVEDSSEN CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: V IIIM ADDRESS:3sc) 1; V 212 TELEPHONE (Day time) grD2- Liao{ - 333o FEB 1 2 2004 CHANHASSEN PLANNING DEPT OWNER: VJ I h 4 1 UAA2 1)i (z(T ADDRESS: ZI Z TELEPHONE: q52- "Iy�- 3 330 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/Attomey Cost" ($50 CUP/SPR/VAC/VARNVAP/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 8'/:" 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. PROJECT NAME W( MIA U t VC � ( I.Zd Jkddlfil l()n LOCATION b,11410a(LI- 1 LEGAL DESCRIPTION ` 6e 0 LC-( hf �L TOTAL M ACREAGE 0- P"t-S WETLANDS PRESENT ^ k YES NO PRESENTZONING �Z REQUESTED ZONING CLS� PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST P`'1VQk"I_, -SAYeet y 110t IU�y LUnA SO laws 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 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 Owners 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_ of Signature Application Received on Fee Paid 31119--lix- DaA Date 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. Legal Description Parcel 1: That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter comer of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet to a point on a 3452.34 foot radius curve, the center of circle of said curve bearing North 79 degrees 30 minutes 09 seconds West from said point, thence Southwesterly along said curve, a distance of 469.80 feet, central angle 07 degrees 47 minutes 49 seconds; thence South 18 degrees 17 minutes 40 seconds West along tangent, a distance of 64.00 feet to the actual point of beginning of the tract to be described, • thence continuing South 18 degrees 17 minutes 40 seconds West, a distance of 282.12 feet; thence South 65 degrees 12 minutes 03 seconds East, a distance of 3312 feet to a point that is hereafter referred to as Point A. Point A is described as beginning at the point of intersection of the Northerly right—of—way line of Minnesota Trunk Highway No. 5 and a line 33.00 feet Southeasterly of, measured at right angles to and parallel with the centerline of Carver County Road No. 117,• thence on an assumed bearing of North 18 degrees 17 minutes 40 seconds East and parallel with the centerline of sold Carver County Road No. 117, a distance of 725.00 feet to said Point A. Thence from said Point A, South 65 degrees 12 minutes 03 Southeast East, a distance of 268.73 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 316.33 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 300.00 feet to the point of beginning. Legal Description Parcel 2: That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter comer of said Section 10, thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 86 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet; thence Southerly a distance of 38379 feet along a curve not tangential with the lost described line, said curve is concave to the West, has a radius 3452.34 feet and a central angle of 6 degrees 22 minutes 10 seconds and the chord of said curve bears South 13 degrees 40 minutes 55 second West to the point of beginning of the tract to be described,• thence continuing Southerly, a distance of 86.01 feet along said curve concave to the West, having a radius of 3452.34 feet, a central angle of 01 degree 25 minutes 39 seconds; thence South 18 degrees 17 minutes 40 seconds West, tangent to said curve, a distance of 64.00 feet; thence South 71 degrees 42 minutes 20 seconds East, a distance of 300.00 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 150.00 feet, thence North 71 degrees 42 minutes 20 seconds West, a distance of 301.07 feet to the point of beginning. 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MN ISHEET N0. 4 OF 5 SHEETS aarene uv.�n wrwr ^®a ram. v m - .� ryasm.w.wwul vrr awa-µwa pu�srwrtr arm - w Ir^V WALNUT GROVE SECOND ADDITION TREE INVENTORY 5 CANOPY E%HISIT a7 m C�7TTo WNGF =DEYELOPMEM 2-02-0$SS "'-cam CHANHASSEN, MN SHEET N0. 5 OF 6 SHEETS a6MNm UPPER LEVEL PLAN 1,050 S.f. MAIN LEVEL PLAN 7.050 s.1. RIVERWOOD S 952-448-3750 office WELMAN 81 RCHWOOD SPERI® TWO STORY PLAN DATA MASTER BEDROOM UPPER 14f x 791 MASTER BATH: UPPER 7f x 121 BEDROOM 2 UPPER 11 f x 15f BEDROOM3: UPPER 77fx 14f BATHROOM UPPER 7fx8f KITCHEN: MAIN 11fx IN DINING: MAIN 71fx 101 GREAT ROOM: MAIN 11 f x 171 LIVING ROOM: MAIN 14fx 19f POWDER: MAIN 5f x 5f GARAGE: MAIN 201 x 24f BASEMENT (UNFIN.): LOWER 211 x 50f Community Realty WWWconmealty.net UPPER LEVEL PLAN 900sc MAIN LEVEL PLAN 1.100s.f. 952-448-3750 office WELM" OAKSIDE s� TWO STCr, " PLAN DATA MASTER SUITE: UPPER 71 i x 31 f BEDROOM2: UPPER I1fx15f BEDROOM 3: UPPER III 151 BATHROOM: UPPER 6fx8f GREATROOM: MAIN 21fx141 DINING: MAIN 15f x 9f KITCHEN: MAIN 11fx 12f MUD ROOM. MAIN 5f x 8f POWDER: MAIN 5fx5f LIVING ROOM: MAIN 11fx12f GARAGE: MAIN 20f x 24f BASEMENT (UNFIN.): LOWER 21 f x 50f 0 Community Realty ww .commrealty.net Q® UPPER LEVEL PLAN 1,252 s.i. LOWER LEVEL PLAN 1.337 s.1. 952-448-3750 office MAPLE LEAF "'" SPLIT ENTRY PLAN DATA KITCHEN: UPPER 13' x 13' PANTRY: UPPER 6' x 6' DINING: UPPER 9' x 13' GREAT ROOM: UPPER 13' x 19' POWDER: UPPER 6' x 5' MASTER SUITE: UPPER 13' x 29' BEDROOM 2: LOWER 13' x 16' BEDROOM 3: LOWER 13' x 17' BATH: LOWER 9' x 5' ENTRY: SPLIT 6' X 7' GARAGE: SPLIT 20' X 24' 40 Community Realty www.comn i alty.net Q® CITY OF CMSEN T700 Market Boulevard MEMORANDUM PC Box 147 Chanhassen, MN 55317 TO: Bob Generous, Senior Planner on Rdm952,227.11 Phone:95227.11100 FROM: Steven Torell, Building Official Fax: 952227.1110 Building Inspections DATE: March 1, 2004 Phone: 952.227.1180 Fax: 952.227.1190 SUBJ: Review of revised plans for proposed subdivision; Walnut Grove Engineering Second Addition, Klingelhutz Development. Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone:952,227.1140 Planning Case: 04-10 Fax: 952.227.1110 Park a Recreation I have reviewed the revised plans for the. above project. Following are comments, Phone: 2 211 which should be included in the conditions of approval. Fax: 95252.227.17.11100 Recreation Center 2310 Coulter Boulevard Phone:952.227.1400 1. Individual sewer and water services must be provided and for Lots 1— 4 and Fax: 952.227.1404 indicated on the plans. Planning a 2. A final grading plan and soils report must be submitted to the Inspections Natural Resources Division before permits will be issued. Phone: 952.227.1130 3. The old individual sewage treatment site for the existing home must be Fax: 952.221.1110 abandoned in accordance with MPCA regulations if encountered during Public work: grading procedures. 1591 Park Road 4. Meet with the Inspections Division as soon as possible to discuss plan : Phone952.227.1300 Fax: 952.227.1310 review and permit procedures Senior Center Phone: 952.227.1125 Fax: 952.227.1110 G/safety/st/memos/plan/Walnut Grove 2"a Addition-2 Web Site www.ci.chanhassen.mn.us 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. V CITY OF CHA NSEN 7700 Market Boulevard MEMORANDUM PO Box 147 Chanhassen, MN 55317 TO: Robert Generous, Senior Planner Administration Phone:952.227.1100 FROM: Mark Littfm, Fire Marshal Fax 952.227.1110 DATE: February 25, 2004 Building Inspections Phone: 952.227.1180 Fax:952,227.1190 SUBJ: Request for re -zoning of 3.09 acres from A2, Agricultural Estate District to RSF, Single Family Residential Subdivison approval creating 4 lots Engineering Phone:952.227.11W with a variance request; and a conditional use permit for development �1 P P Fax:952.227.1170 within the Bluff Creek Corridor, Klingelhutz Development, Walnut Grove Finance 2°d Addition. Phone:952.227.1140 Fax: 952.227.1110 Planning Case: 04-10 Park 8 Recreation Phone:952.227.1120 Fax: 952.227.1110 I have reviewed the re -zoning request change for the above project. In order to comply Recreation Center with the Chanhassen Fire Department/Fire Prevention division, I have the following fire 2310 Coulter Boulevard code or city ordinancelpolicy requirements. The plan review was done based on Phone:952.227.1400 available information submitted at this time. If additional plans or changes are Fax:952.227.1404 submitted, the appropriate code or policy items will be addressed. Planning 8 Natural Resources A 10-foot clear space must be maintained around fire hydrants i.e., street lamps, trees, Phone:952.227.1130 shrubs, bushes, Qwest, Xcel Energy, Cable TV and transformer boxes. This is to insure Fax: 952 227.1110 that fire hydrants can be quickly located and safely operated by firefighters. Pursuant tc Public Works Chanhassen City Ordinance #9-01. 1591 Park Road Phone: 95227132.227.1300 1"No parking fire lane" signs will be required on the new private street. Pursuant to Chanhassen Fire Prevention Policy #06-1991. Copy enclosed. Senior Center Phone:9522271125 gAsdety\mIlp1rev04-10 Fax. 952227.1110 Web Site www ci.chanhassen.mn.us The City at 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. CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 Market Blvd BOX 147 CHANHASSEN, MN 55317 (952)227-1150 FAX: (952) 227-1190 CHANHASSEN FIRE DEPARTMENT POLICY # 06-1991 REQUIREMENTS FOR FIRE LANE SIGNAGE Revised 6/10102 1. Signs to be a minimum of 12" x 18". NO PARKING 2. Red on white is preferred. FIIZE LANE 3. 3M or equal engineer's grade reflective sheeting on aluminum is preferred. 4. Wording shall be: NO PARKING FIRE LANE 5. Signs shall be posted at each end of the fire lane and at least at 75 foot intervals along the fire lane. 6. All signs shall be double sided facing the direction of travel. 7. Post shall be set back a minimum of 12" but not more than 36" from the curb. (NOT Tom- GRADE 8. A fire lane shall be required in front of fire dept. SCALE) connections extending 5 feet on each side and along all areas designated by the Fire Chief. ANY DEVIATION FROM THE ABOVE PROCEDURES SHALL BE SUBMITTED IN WRITING, WITH A SITE PLAN, FOR APPROVAL BY THE FIRE CHIEF. IT IS THE INTENTION OF THE FIRE DEPARTMENT TO ENSURE CONTINUITY THROUGHOUT THE CITY BY PROVIDING THESE PROCEDURES FOR MARKING OF FIRE LANES. Fire Lane Instillation 06-1991 Page 1 of I 4..p9 Cap 219 East Frontage Road AR VER I A Waconia, MN 55387 h 1946 Phone:952-442-5101 CIO 6 Fax:952-442-5497 r7tt1 Rr 481ty htta'/lnwa m.carver.mn.us/SWCD/SWCD main.html Minion StaMnnrt To provide leadership in conservation and teach stewardship of the soil, water, and related resources through a balanced, coaperattve program that protects, restores, and mproves those resources. September 23, 2003 RECEIVED Robert Generous, Senior Planner SEP 2 4 2003 City of Chanhassen CITY OF CHANHASSEN 7700 Market Boulevard Chanhassen, MN 55317 Re: Proposed Walnut Grove Second Addition Development Mr. Generous Thank you for sending a copy of the 2003-16 Site Plan, Walnut Grove Second Addition development to the SWCD office. Please review the following storm water, erosion, and sediment control comments and recommendations. Storm Water Beginning March 10, 2003 all developments disturbing 1-acre or more or part of a contiguous development which will disturb more than 1-acre require a National Pollutant Discharge Elimination System (NPDES) permit from the Pollution Control Agency (PCA). The owner / operator of the proposed development must apply for and receive the NPDES permit prior to beginning construction activities. Any development disturbing more than I -acre and creating more than I -acre of impervious surface must also have permanent storm water treatment It appears this is being done as the Walnut Grove preliminary plan shows the storm water runoff being managed by a proposed storm water basin. High water levels / elevations of the pond and wetland and the elevations of the lowest level of the proposed walkouts should be double checked. It appears the elevations of the dwellings may be too low. Erosion Control Riprap and gcotextile fabric needs to be installed at the flared end sections of the inlet and outlet of the storm water basin Sediment Control The proposed silt fence should be extended 40 feet to the east and 20 feet to the west; the ends of the silt fence should be angled up -slope in a crescent or `smile' formation. A light duty silt fence should be installed between the duplexes and the storm water pond following the outlet installation and during home construction. Inlet control is needed following installation of inlet structures. Inlet control methods will be varied before and after pavement of the street Before pavement, inlet protection could consist of heavy-duty mono -mono silt fence with 4 foot spacing of metal T-posts and 1" rock around silt fence material. After pavement, mulch socks, sand bags or rock and wire could be used as temporary inlet control. If there are any questions regarding this review please contact the SWCD office. S' Aaron Mlyn CPESC-IT Urban Conservation Technician AN EQUAL OPPORTUNITY EMPLOYER O dlp •xi i i i I • j Ir � I• Iw.�VI HOTE4 2 "StYIG - A2 PROPOSED - PW-R PROPOSED PW BULGING SETBAORS 0 I FANLY ERORT - 30 F41ii��(E gp0IS5EE SIDE YARD - 18 iEET OMAOE PEAR YARD - 25 FEET TOTAL AREA - 2.105.2M WL I9.80 . 'TNADITI.AL HONE LOTS 3S BIWGAIDW' HONES: N 'NLLA' HONES FOIW HONES / BOEDWG: 10 SU HONES / BwL "G: 24 EIWT HONES / WWWG: 33 TY w HONES / BINLDWG " TOTAL HONES: 20 I.y4 • i ! - �•` . 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N6, •51 S5 )o ol1 •�� 59 gAp !� O O � p�� /•53•�MF� �,12 �Q S �va \° of N 4 °I 11°02'38� •p2 �n�J r� I 30 Sc iLO pn n I^ 5 Zd �P12009'49* L 80.25 J WALNUT 3 ho � IY Fo 8 n o g b� b� �I to = IZ I IZ I I 35.59 6°26'14 � 45.3 'c L�,2°25'54' I I .57 n�y9.2J 80.28 J Lt- %� ,�,7 'E AA ° � 24052'58' i b4•55 _-40.13- -31• NB6041'030E 330.03 °09'27•E ��NO°23'39'E DRAINAGE EAS 8 N88°31'1 io— 132.3_ N = N83035', ,,.w SURVEY LINE — DRAINAGE Ic UTILITY EASEMENT OVER, — — N87014'30*E 162 UNDER i ACROSS ALL OF LOT 18. 62.92 49.92 BLOCK 2 �.535 _ Z 3 ; Ni6ry°�1 \93.49 tipO�O 460032'28ro c�' •F, 66.15 ar - 2' 51' I°3E 59.- 5 a° --w53 5, \� A; 7L 46. 6'110E Y Y n , ov N62 M A M T� o T 8,T0 W SNF 39. pNu7g �SE .� - 314 23s 39s 86 E 4 W Z 2 i�r J in m ro •4n3g, °p4. 32 5"w 142. / 38.00 Z ° Z-Uozh 4 h ^� yo 00� 32.0 • •W -JS68 11, N78 04"4 3Z002 39.Op 2 2 m 39 °p \ tl v �93.3 R S6 36' f - 1 y ° p - - 3g 00� 32 °a `20^ ro m v •3 oa7o3g, 70p Op_ 7 N 10S 7�0.w �N73o p02 32p 4 v�o 8� w �b 4) .W -3gry 80 0�' l 7 0 hf � 1$• 3g m 0 N : 2 1 39.00 41 4 W 1 � r 4 21?1.w 3 12 (1Y 142. 00 2 y'�� � oM 0 0� 32.00 32.00 •00 18-3 i C R_ 700 n o Cho ?�O 16 m 39.[� •� - a-5o3j2po N31o434p-, 4' ^o 88045'00"E CV n 3 D A m o 39.Op .� 26. ° 35-w / 7e 46 w \ / ^ / Z 4=15047 40" N8 53.84 39.00 a°i `t �O '� af°o v� 28. 1 .00 Nf o - 82.70 - N7g022 ` N7 32;00 32.Op 38.00z w c 2 6.0 8, 39. �ZQ4 -I1 RO Q=19°3803 = '39"W - 2 a 3 m m 00� '300.00 N. 1 198,45 39.ppi q 4 cJ 7 _ 89° '49'W 1 .00 8'p0 6 "� l 39cd;.00 28. 26.0 26.0 28.9 ° °° 6 00 6 IX W,, W W W W N N74o ?6. 'n 1 m 1 �'0 � ro N \ � 37-w • 39.002 ro p tO 0 5 \ 193.Op -- $� 80 z °ov°i z z z \ 39.00 6.0 8.0 B.0 6.a 89048 49"W 233. o^' N89°51'41"E orn \ -Z WETLAND NssOl 1 406-z, 05/20/97 13:26 N0.229 SV9`e� ,u 0 SATHRE - BERGQUIST, INC. O w uj 150 SOUTH BROADWAY WAYZATA, MN 55391 (612) 476-6000 FAX 476-0104 �ryFgS P�pa�' WALNUT GROVE LOT AREA TABULATIONS SATHRE-BERGQUIST, INC. Dated: May 20, 1997 (Page 1 of 3) BLOCK 1 13 10158 51 4435 BLOCK 5 14 11226 52 4225 LOT AREA 15 10669 53 4471 � LOT AREA Sall 16 13467 S;. 54 4533 SaTFt. 17 10499 55 3980 1 25337 .18 78547_DA14 1 2210 2 19159 19 4059 2 1813 3 16727 20 4920 BLOCK 3 3 1813 4 17678 21 4630 4 2210 5 13814 22 4803 LOT AREA 6 14577 �Y 23 4375 UEL 7 15382 24 4616 BLOCK 6 8 14872 25 4255 1 31748 9 13660 26 3869 2 14351 LOT AREA 10 12968 27 4173 3 12297 11 13317 28 4480 4 14048 12 14050 29 4502 5 50110 1 2210 13 15388 30 4489 6 3794 2 1813 14 18431 31 42162 7 4570 3 1813 32 4928 8 4481`' 4 2210 33 4771 9 4015 BLOCK 2 34 4049 Wt 10 3956 35 4030f 11 3933 BLOCK 7 LOT AREA 36 4051 12 4153 aza 37 4029 13 4372 LOT AREA 38 4373 14 4465 Sq.Ft. 1 10739 39 4310 15 3981 2 11984 40 42466 1 2210 3 17725 41 4216 2 1473 4 14300 42 5148 X, BLOCK 4 3 1473 5 6 12028 i �J� 43 4887 4 1473 11828 44 4255 LOT AREA 5 1473 7 13470 45 3794 \'� Sq_Ft_ 6 2210 8 13025 46 61703 tv"N 9 12194 47 3747 1 2210 10 11601 48 3998 2 1813 11 11003 49 4015 3 1813 12 9912 50 4588 4 2210 P02 ►qqi 7 WALNUT GROVE BUNGALOWS Rottlund Homes is proposing to replace the Cottages with a new concept called "The Bungalows." The Bungalows would also be primarily a one level detached townhouse. They are still targeted toward the same market of empty nesters and retirees with about the same sq. ft. and price range. There is approximately 1350 - 1600 sq. ft. on the main level with potential expansion with story & 1/2, and walk -out opportunities to bring finished sq. footage up to 2500. The price range would be approximately $140 - $200,000. The key differences are the shape of the unit, its architectural style, its orientation to the street and the position of garage. The goal is to create a more traditional feeling to the detached townhouse site area, in architectural and streetscape. The Bungalows are 36' wide instead of 32' and approximately 58' deep instead of 72% more square than a long, narrow rectangle. The lot size would be approximately 50' x 100' instead of 47' x 110'. The garage is inset into the house. This is to project the front entry and front porch more toward the street than the garage. The architecture style is that of pre war Midwest and New England which promote front porches and stoops, stone & brick columns, and 8 1/2 roof pitch. The Bungalow fits square to the street instead of the 30 degree angle of the Cottages. This allows more detail and development of the front yard and the front porch instead of the side yard. The architecture is a more traditional "Bungalow" style to also promote the front entry stoop or porch. Elevations are still being developed but the concept is to have 3 to 4 floor plans with a minimum of two elevations each, and to offer side load opportunities whenever possible to create as much variety as possible. The streetscape will appear more like a small single family lots than narrow lot detached townhomes. There will also be an opportunity to mix up the garages to alternate two adjacent garages and adjacent front yards with garages adjacent to front yards to also create more variety in the streetscape. There is proposed four exterior color palettes to include siding, trim, stone or brick, roofing and accent colors for the front doors and shutters. As with the exterior elevations, no two color palettes will be adjacent to each other. VILLAS AND VILLA TOWNHOMES Villas Rottlund Homes is introducing some new unit and building types for both the 2 story Villas and Villa Townhomes. The Villa 12-unit clusters will still have end units with 2-car garages and single car garages interior units, but the 8-unit cluster will have all its units with 2-car garages and totally redesign floor plans and exteriors. In early concept design the 8-unit building end units will have entry's on the end of the building and side load garages to create more variety in elevations and with front entry's on all four sides of the building. The exterior of the 8-unit building is to be more traditional with covered front stoops, shutters and picket fences. By introducing new floor plans and a new building type into the Villas will assist in creating more variety and a new look. How the final elevations of the two building types vary in design is still developing. Villa Townhomes We are also introducing a different building type into the Villa Townhomes. The 6-unit "row type" townhomes has 2-car garage end units, and 1-car garage interior units. The 4-unit buildings that had the same condition now have all 2-car garages. This will create a different look between the 4 and 6- unit buildings. Along with the slab on grade and the walk -out opportunities there will be more variety among these eight buildings. The Villa Townhouse that overlook the central open space will have the opportunity for covered patio doors, porches and picket fences to create more of a front door/front porch feel along the open space. VILLAS AND VILLA TOWNHOMES cont. Villa & Villa Townhomes In general with the introduction of the new floor plans, building types, and exterior elevations there is considerably more variety in the Villa and Villa Townhomes portion of the development then originally proposed. The exterior colors in the Villas and Villa Townhomes can be up to four color palettes to include siding, trim, stone or brick, roofing. How this will ultimately be distributed through out the site has yet to be determined. Two possibilities are to assign one color palette to each cluster of 4 or 5 buildings of various building types, the other is to assign one palette to each of the 4 building types (i.e. 8 unit Villa, 12 unit Villa, 4 unit Villa Townhome and 6 unit Villa Townhome.) We recommend working with the city on the determining colors for each building and final elevations. It is also intended that all of the 96 Villa units be priced at or below the Livable Communities Act affordable housing threshold. CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on March 4, 2004, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of A Public Hearing to consider a request for rezoning of 3.09 acres from A2, Agricultural Estate District to RSF, Single -Family Residential; subdivision approval creating four lots with variances; and a conditional use permit for development within the Bluff Creek Corridor, Klingelhutz Development, Walnut Grove 2nd Addition. - Planning Case #04-10 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. i VA„ Subscribed and sworn to before me ^� this T4` day of (YlarCt\ 12004. N KIM T. MEUWISSE �— Notary Pu is NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, MARCH 16, 2004 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Rezoning from A2 to RSF, APPLICANT: Klingelhutz Development Subdivision with Variance & a Conditional Use Permit —Walnut Grove 2"d Addition LOCATION: 7305 Galpin Blvd. PLANNING CASE #04-10 NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Klingelhutz Development, is requesting rezoning of 3.09 acres from A2, Agricultural Estate District to RSF, Single -Family Residential; subdivision approval creating four lots with variances; and a conditional use permit for development within the Bluff Creek Corridor, Klingelhutz Development, Walnut Grove 2"d Addition. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. 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 Generous at 952-227-1131 or e-mail bgenerous@ci.chanhassen.mn.us. 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 March 4, 2004 City Review Procedure Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments, Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. Staff prepares a report on the subject application. This report includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Planning Case No. 04-10 Public Hearing Notification Area (500 Feet) occas G m aD c Nay Te LL U r F ~ U Brinker Street m °,Curve Subject Property d, ' I B o2 ® L N Q e0eny m U ® y V w Co %owe��° Cnc. o,y WaY Q � n J° faueSa W WaWeaf afedeaf Efaee E W FFM B C0U/rep e FTI m CONVENIENCE STORE CHANHASSEN DEVELOPMENT LLC INVESTMENTS 1434 SALEM LN SW LACROSSE BOXCROSSSEE WI 54602-2107 ROCHESTER MN 55902-6646 L WALNUT GROVE VILLAS ASSN C/O GITTLEMAN MGMT CORP NORMA LEE VANHAAFTEN 1801 79TH ST E 2116 CLOVER CT SUITE 21 CHANHASSEN MN 55317-8353 BLOOMINGTON MN 55425-1230 DOROTHY A GRIESMANN 2127 CLOVER CT CHANHASSEN MN 55317-8354 JULIE D WAND 2133 BANEBERRY WAY W CHANHASSEN MN 55317-8340 ANNETTE M CIESZKOWSKI 2141 BANEBERRY WAY W CHANHASSEN MN 55317-8340 BRADLEY J & JANETTE M WING 2155 BANEBERRY WAY W CHANHASSEN MN 55317-8340 CHARLES E & JEANNE S BEHRING 2162 BANEBERRY WAY W CHANHASSEN MN 55317-8338 JEANNE C GILBERTSON 2170 BANEBERRY WAY W CHANHASSEN MN 55317-8338 DEBRA PHYLLIS KAPLAN 2186 BANEBERRY WAY W CHANHASSEN MN 55317-8338 HOLLY M RICKERT 2129 BANEBERRY WAY W CHANHASSEN MN 55317-8340 JUNE M CASEY 2137 BANEBERRY WAY W CHANHASSEN MN 55317-8340 EDWARD J & SUSAN L ROBBINS 2141 CLOVER CT CHANHASSEN MN 55317-8354 LIEU NGUYEN & VO THI CHIN 2158 BANEBERRY WAY W CHANHASSEN MN 55317-8338 LOUIS C ABELA 2163 BANEBERRY WAY W CHANHASSEN MN 55317-8340 JENNY VAN AALSBURG 2171 BANEBERRY WAY W CHANHASSEN MN 55317-8340 DORIS FRENCH 2189 BANEBERRY WAY W CHANHASSEN MN 55317-8340 DAVID WICKSTROM, TRUSTEE & CAROL KOCH, TRUSTEE 14342 GOLF VIEW DR EDEN PRAIRIE MN 55346-3306 RICHARD & RHODA M SCHAFFER 2122 CLOVER CT CHANHASSEN MN 55317-8353 RICHARD H SR & BARBARA KELLER 2130 CLOVER CT CHANHASSEN MN 55317-8353 ROBERT P & SANDRA L LISTIAK 2138 CLOVER CT CHANHASSEN MN 55317-8353 KATHLEEN W HOMES 2145 BANEBERRY WAY W CHANHASSEN MN 55317-8340 MARY LOUISE REITMEIER 2159 BANEBERRY WAY W CHANHASSEN MN 55317-8340 ERIK J FRITZ & JINA I KUESEL 2167 BANEBERRY WAY W CHANHASSEN MN 55317-8340 JANETIMARUSKA 2175 BANEBERRY WAY W CHANHASSEN MN 55317-8340 BRADLEY A & JODENE B THRODAHL 2190 BANEBERRY WAY W CHANHASSEN MN 55317-8338 NATHAN R JOHNSON & BRANDILYN DENNIS E & ELISSA K ELLEFSON SHAWNA M GRIEP E BAWEK 2194 BANEBERRY WAY W 2197 BANEBERRY WAY W CHANHASSEN MN 55317-8340 BANEBERRY WAY W CHANHASSEN MN 55317-8338 CHANHASSEN MN 55317-8340 CHA SUSAN M ERICKSON HANG CHAN & CHEUKWAI CHONG ROTTLUND COMPANY INC 2198 BANEBERRY WAY W 2201 BANEBERRY WAY W 3065 CENTRE POINTE DR CHANHASSEN MN 55317-8338 CHANHASSEN MN 55317-8339 ROSEVILLE MN 55113-1130 KLINGELHUTZ DEVELOPMENT CO 350 H W Y 212 E PO BOX 89 CHASKA MN 55318-0089 RICHARD M & MARY V ERVASTI 643 BAY ST SANTA MONICA CA 90405-1214 BRIAN & KAREN WALKER 7591 WALNUT CRV CHANHASSEN MN 55317-9394 BRADLEY J & KATHLEEN VELDBOOM 7599 WALNUT CRV CHANHASSEN MN 55317-9394 JONATHAN D & MARCIA L MAPLES 7602 WALNUT CRV CHANHASSEN MN 55317-9397 THEODORE A & ANGELA M ELLEFSON 7609 WALNUT CRV CHANHASSEN MN 55317-9395 ELDEN E & GLORIA A BOTT 7626 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317-8334 DONALD B & JANET L DAHLQUIST 7634 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317-8334 ROBERT R & SALLY J SHULTZ 380 MARGARET CIR WAYZATA MN 55391-1060 DOUGLAS C & THERESA J BENTZ 7280 GALPIN BLVD EXCELSIOR MN 55331-8058 LEE A & TAMMY L BERGSTROM 7595 WALNUT CRV CHANHASSEN MN 55317-9394 SCOTT A & HEATHER D HALLOFF 7600 WALNUT CRV CHANHASSEN MN 55317-9397 KYLE A & LEAH C PLATH 7604 WALNUT CRV CHANHASSEN MN 55317-9397 JAMES D & AUDREY C EISENSTEIN 7611 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317-9396 JOANNEIJAMES 7627 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317-9396 PATRICIA K KOHN 7638 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317-8334 J P'S LINKS INC-JOHN PRZYMUS C/O PAT NEATON 601 CARLSON PKY #620 MINNETONKA MN 55305-5215 THEODORE F & MARLENE M BENTZ 7300 GALPIN BLVD EXCELSIOR MN 55331-8011 DAVID K & CHRISTINA J STREETER 7598 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317-9398 STEVEN J & JANICE K VREEMAN 7601 WALNUT CRV CHANHASSEN MN 55317-9395 ERIC A BAKKEN & JOAN H WADE 7606 WALNUT CRV CHANHASSEN MN 55317-9397 MARK & CONSTANCE LANTERMAN 7612 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317-8334 MORRIS L & MURIEL N MULLIN 7630 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317-8334 CHARLES B & SHIRLEY A ENGH TRUSTEE OF TRUST 7642 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317-8334 DAVID W & LINDA J HAGGBLOOM GARY F & JOYCE E ANDERSONGERALD SODERL O & DARLENE A 7646 PRAIRIE FLOWER BLVD 7650 PRAIRIE FLOWER BLVD 7656 PRAIRIE TRUSTEES OF TRUST LVD CHANHASSEN MN 55317-8334 CHANHASSEN MN 55317-8334 CHANHASSEN PRAIRIE FLOWER -833 CHANHASSEN MN 55317-8334 EARLON L MILBRATH & CAROL ANN STEVEN W & KAREN A BROWN D MILBRATH 7670 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317-8334 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317-8334 CHA RICH SLAGLE g:\plan\2004 planning cases\04-10 - 7411 FAWN HILL ROAD walnut grove 2nd addition\ph notice CHANHASSEN MN 55317 labels.doc W ILLIAM A & BARBARA E BROWN 7676 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317-8334 PC DATE: March 16, 2004 z U a CITY OF CHANHASSEN STAFF REPORT CC DATE: April 12, 2004 REVIEW DEADLINE: 4/12/04 CASE #: 04-10 BY: Robert Generous, et al. PROPOSAL: Request for rezoning from Agricultural Estate District, A2, to Single Family Residential District, RSF; preliminary plat approval creating four lots for single-family homes with a variance for the use of a private street, lot width and side yard setbacks; and conditional use permit approval for development within the Bluff Creek Overlay District. LOCATION: 7305 Galpin Blvd. APPLICANT: Klingelhutz Development 350 East Highway 212 Chaska, MN 55318 L' (952)448-3330 PRESENT ZONING: Agricultural Estate District, A2, and Bluff Creek Overlay District, BCO 2020 LAND USE PLAN: Residential — Low Density (net density 1.2 — 4.0 units per acre) ACREAGE: 3.09 DENSITY: 1.62 gross, 2.44 net SUMMARY OF REQUEST: Rezoning of the property to RSF to permit the existing single-family home and three detached single-family homes; subdivision approval creating four lots and one outlot containing Bluff Creek and the majority of the Bluff Creek primary zone with a variance for the use of a private street for access and one -foot side yard setback and lot width variances for three lots; and a conditional use permit for development within the Bluff Creek Overlay District. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City has a relatively high level of discretion in approving rezonings because the City is acting in its legislative or policy making capacity. A rezoning must be consistent with the City's Comprehensive Plan. The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. Planning Case No. 04-10 Walnut Grove 2nd Addition Location Map occ z c m a c m Ma esUc Way o � LL L U � � a H o 3 U Brinker Street m W Inet Curve Subject Property ED a� O mar AFL a ^ d 3 r �o® m 3 U r G Fw Conetlowac chicory War m 8th St reej (�� c f9ue Sa a LN Walerfeaf Waterleaf %aceE Y r� m CCU/ter e o m Walnut Grove 2nd Addition March I6, 2004 Page 2 PROPOSAUSUMMARY The developer is proposing an infill development creating three new single-family dwellings. The surrounding property was developed as part of the Walnut Grove development. The applicant is rezoning the property to Single Family Residential District, RSF, which permits single-family lots of 15,000 square feet. As part of the request, the developer is requesting lot width variances and side yard setback variances to permit one 60-foot wide lot and two 61-foot wide lots. In conjunction with the rezoning, the applicant is subdividing the property to create one lot around the existing single-family house (Lot 1) and three new single-family lots. Access to the existing home is proposed to remain off Galpin Boulevard. Access to the new homes will be via a private street which connects to Baneberry Way West, which is a private street. An access easement for this property was recorded as a condition of the Walnut Grove development. Sewer and water is available through the Walnut Grove project. Private streets require variance approval as part of a single-family subdivision. A conditional use permit is required for all development within the Bluff Creek Overlay district. The subdivision of the property is an attempt to implement the Bluff Creek Overlay District clustering requirements outside of the Planned Unit Development (PUD) ordinance and provide a housing type that is comparable to the surrounding development, which leads to the variance requests for lot width and side yard setbacks. The existing PUD ordinance does not permit density transfer or clustering for properties guided Residential — Low Density. Instead, the ordinance permits lot sizes down to 11,000 square feet with an average lot size within the development of 15,000 square feet. However, the single-family PUD requires minimum lot dimensions of 90 feet by 100 feet. The proposed development could be permitted without variances with a re -guiding of the property to Residential — Medium Density (net density range 4.0 — 8.0 units per acre), but such an amendment would only be a subterfuge since the intent is to maintain a density in this development below four units per acre. The applicant has included the majority of the Bluff Creek Primary Zone in Outlot A. Conservation easements shall be placed over all areas within the Bluff Creek primary zone. This will allow the City to restore and/or manage the natural resources in these areas. The developer may dedicate Outlot A to the City. The townhouse lots on Baneberry Way West leading into this development range in size from 1,473 square feet to 2,210 square feet with lot widths between 26 and 39 feet. The single-family homes on Walnut Curve are on lots between 9,912 square feet to 25,337 square feet with lot widths between 70 feet and 111 feet. The bungalow lots range in size from 3,747 square feet to 4,920 square feet with lot widths between 46.5 feet and 84 feet. The houses proposed with this development would be very similar to the bungalow homes in the Walnut Grove development. The proposed house sizes have main floor areas of 1,050 to 1,337 square feet which is comparable and compatible to the bungalow units with main floors of 1,350 to 1,600 square feet. The proposed houses include two walkout styles and one lookout style home. The proposed houses are on lots with lot areas consistent with typical single family homes. The site is heavily wooded in the southern one-third of the site, adjacent to Bluff Creek. The property slopes from a high point in the northeast comer at elevation 984 down to the creek at an elevation of 944. The developer is preserving the southern portion of the property as part of Outlot A. The proposed development is consistent with the comprehensive plan. Approval of the lot width and side yard setback variance will make the subdivision comply with the zoning ordinance. Staff is recommending approval of the rezoning, subdivision with lot width and side yard setback variances and a variance for the use of a Walnut Grove 2"d Addition March 16, 2004 Page 3 private street, and a conditional use permit for development within the Bluff Creek Overlay District. The applicant will need to revise the plat slightly to assure that all lots meet the 15,000 square foot minimum lot area. BACKGROUND The house was built in 1908. Development of Walnut Grove, the project to the east, began in 1997. An access easement, permitting the property to use Baneberry Way West, was recorded as part of the plat for Walnut Grove. This project was reviewed by the City Council on November 10, 2003, and remanded to the Planning Commission for their review. The applicant has revised the plan, eliminating the four twin home units and prepared a single-family detached plan on lots which meet the lot area and depth requirements, with a minor adjustment, but do not comply with the lot width requirement for RSF zoned property. APPLICABLE REGULATIONS Chapter 18, Subdivisions Sections 20-41 through 20-45, Amendments Section 20-56 through 20-60, Variances Sections 20-221 through 20-237, Conditional Use Permits Sections 20-611 through 20-616, RSF district regulations Sections 20-1551 through 20-1564, Bluff Creek Overlay District LANDSCAPING[rREE PRESERVATION Tree canopy coverage and preservation calculations have been submitted for Walnut Grove 2nd Addition. They are as follows: Total upland area (excluding wetlands) 132,200 SF or 3.03 ac. Baseline canopy coverage 36% or 47,485 SF Minimum canopy coverage allowed 30% or 39,660 SF Proposed tree preservation 34% or 44,533 SF Developer does meet minimum canopy coverage requirements. Bufferyard plantings are required along Galpin Boulevard for Lots 2-4. Total plantings required are: 1 overstory 2 understory 4 shrubs PARKS AND OPEN SPACE The homes being developed in Walnut Grove 2°d Addition lie within the service area of Sugar Bush Park. The pedestrian trail along Galpin Boulevard borders all of the proposed lots; however, access to the trail will be through the rear yards. The single condition of approval for this addition regarding parks and trails Walnut Grove 2"d Addition March 16, 2004 Page 4 should be the payment of park dedication fees in lieu of land dedication or trail construction. The fee only applies to the three new lots for a total of $8,400. WETLANDS One wetland basin exists on -site. The wetland is an ag/urban wetland that is a part of the Bluff Creek corridor. It is dominated by reed canary grass. No wetland impact is proposed. A wetland buffer of 0 to 20 feet in width (with a minimum average of 10 feet) must be maintained around the wetland. In order to accommodate the proposed building location on Lot 4, the wetland buffer should be 0 along the east side of the wetland and should be 20 feet on the north and west sides. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. The grading and erosion control plan should show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland buffer or, if no buffer is to be preserved, from the delineated wetland edge. BLUFF CREEK OVERLAY DISTRICT The Bluff Creek Overlay District was adopted in December 1998 as a tool for the preservation of Bluff Creek and the natural resources within its corridor. Bluff Creek flows through the southern portion of this property. The property also contains a forested riparian corridor and an ag/urban wetland. The primary zone encompasses the forested area, the wetland, and the wetland buffer. The secondary zone encompasses the primary zone and the first 20 feet of the setback. A conservation easement should be dedicated over the primary zone. All structures must maintain at least a 40 foot setback from the primary zone. No disturbance of the site may occur within the first 20 feet of the setback. No alterations are proposed within the overlay district. Open space must comprise 100% of the primary zone. GRADING, DRAINAGE AND EROSION CONTROL The plans propose to grade about 25% of the site for the new house pads, a proposed private driveway and a stormwater pond. The proposed lots are located in the east central portion of the site. The proposed grading will prepare the site for look -out and walk -out house pads on Lots 2, 3 and 4, Block 1. The proposed slopes along the east side of the new private driveway are steeper than 3:1. The City allows maximum side slopes of 3:1; otherwise retaining walls must be used. The applicant must revise the plans to comply. The existing site drainage flows south toward the existing creek. The plans propose to convey the drainage from the northeast portion of the site to the private street and carry the stormwater via storm sewer to a proposed NURP pond. The remaining portion of the site will drain overland to the proposed stormwater pond and/or the creek. Staff is recommending that the elevation of the lowest opening on the adjacent homes be three feet above the high water level of the proposed pond. Drainage calculations have been submitted for the site and some modifications are still needed. The applicant will be required to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The Walnut Grove 2"d Addition March 16, 2004 Page 5 storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. Staff recommends that Type III silt fence be used along the south side adjacent to the secondary Bluff Creek line and Type II silt fence along the east and west sides of the grading area. In addition, tree preservation fencing must be installed at the limits of tree removal. A 75-foot minimum rock construction entrance must be added to the entrance that will be accessed during construction. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner. Storm Water Management The proposed development is required to maintain existing runoff rates. On -site storm water ponding must be sufficient to meet all City water quality and quantity standards. A manhole with a two -foot sump should be installed as the last road -accessible structure prior to discharge into the storm water pond. Riprap and geotextile fabric should be installed at the flared end sections of the inlet and outlet of the storm water pond. Easements Drainage and utility easements should be provided over all existing wetlands, wetland buffer areas, and storm water infrastructure. A drainage and utility easement should be dedicated over the 10 feet either side of the property line between Lots 3 and 4 in order to accommodate access for future storm water infrastructure maintenance. A drainage and utility easement should also be dedicated over the area in the southwestern portion of Lot 3 that is currently not encumbered by a drainage and utility easement since water discharged from the storm water pond will flow through this area as it moves toward the wetland. Erosion Control Type III silt fence should be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. All upland areas disturbed as a result of construction activities shall be immediately restored with seed and disc -mulched, covered with a wood -fiber blanket, or sodded within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. Surface Water Management Fees Water Ouality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $949/acre. Based on the proposed developed area of approximately 2.24 acres, the water quality fees associated with this project are $2,126. Water Ouantity 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 have a Walnut Grove 2"d Addition March 16, 2004 Page 6 connection charge of $2,348 per developable acre. This results in a water quantity fee of approximately $5,259 for the proposed development. SWMP Credits This project proposes the construction of a NURP pond. The applicant will be credited for water quality where NURP basins are provided to treat runoff from the site. This will be determined upon review of the ponding and storm sewer calculations. Credits may also be applied to the applicant's SWMP fees for oversizing in accordance with the SWMP or the provision of outlet structures. The applicant will not be assessed for areas that are dedicated outlots. No credit will be given for temporary pond areas. At this time, the estimated total SWMP fee, due and payable to the City at the time of final plat recording, is $7,385. Other Agencies The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley - Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. Municipal sewer and water service is available to the site from Baneberry Way. The existing house on Lot 1 is already connected to municipal sewer and water. The applicant is proposing to extend sewer and water lines along the private driveway to serve Lots 2, 3 and 4. The proposed sanitary manholes must be low enough to serve the basement of Lots 2, 3 and 4, Block 1 and the public utility lines must be 10 feet inside the property line. In addition, a 30-foot wide public drainage and utility easement must be dedicated on the final plat over the public sewer and water lines. According to the City's Finance Department records, the parcel was previously assessed for one sanitary sewer and water hookup. Since the developer will be responsible for extending lateral sewer and water service to the lots, the sanitary sewer and water connection charges will be waived. However, the sanitary sewer and water hookup charges will still be applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. Hookup charges are based on the number of SAC units assigned by the Met Council for each lot. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Upon completion of the utility improvements, the utilities will be turned over to the City for maintenance and ownership. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, Department of Health, MCES, Carver County and Watershed District. Walnut Grove 2"d Addition March 16, 2004 Page 7 STREETS The applicant is proposing two accesses to the proposed lots. On the northwest corner of the parcel, an existing access off Galpin Lake Road will be utilized to serve the existing house on Lot 1. Another proposed new access off Baneberry Way will be servicing Lots 2, 3 and 4 as a private street. As such, the private street easement must be 30 feet wide with 20 feet of hard -surface pavement and built to a 7-ton design. The developer must submit an inspection report certifying that the private street is built to a 7-ton design. The applicant is proposing a hammerhead turnaround. At this stage, the Engineering Department and the Fire Marshal are fine with the proposed turnaround and the removal of the existing temporary cul- de-sac at the end of Baneberry Way. EASEMENTS Conservation easements shall be dedicated over all areas within the Bluff Creek primary zone. REZONING/COMP PLAN The proposed development is consistent with the Residential — Low Density land use designation which permits a maximum net density of 1.2 to 4.0 units per acre with a net density of 2.44 units per acre. The proposed development is preserving the Bluff Creek corridor as permanent open space. COMPLIANCE TABLE Area (square feet) Width (feet) Depth (feet) Setbacks: front, rear, side, Bluff Creek primary zone, wetland Code 15,000 100 125 30, 30, 10, 40, 40 Lot 1 26,026 104 250 30, 30, 10, na, na Lot 2 15,247 61 250 30, 30, 9, na, na Lot 3 14,994 # 60 250 30, 30, 9, 40, 40 Lot 4 15,244 61 250 30, na, 9, 40, 40 Outlot A (Bluff Creek Primary Zone) 41,246 ROW 21,843 Total 134,6W (Lots 2, 3 and 4 would have 9-foot side yard setbacks) # The lot lines shall be adjusted to create a 15,000 square foot or larger lot. PRIVATE STREET FINDINGS In order to permit private streets, the city finds that the following conditions exist: 1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. The site is being accessed via an existing private street through the Walnut Grove development for Walnut Grove 2"d Addition March 16, 2004 Page 8 which an access easement was recorded as part of the Walnut Grove development. The location of the Bluff Creek Primary zone and the small wetland on site make it unfeasible to construct a public street. Additional access to Galpin Boulevard is not desirable. 2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. No additional access will be permitted to Galpin Boulevard. 3) The use of the private street will permit enhanced protection of the city's natural resources including wetlands and forested areas located in the Bluff Creek primary zone. VARIANCE FINDINGS WITHIN SUBDIVISONS The city may grant a variance from the regulations of the subdivision ordinance as part of the plat approval process following a finding that all of the following conditions exist: 1) The hardship is not a mere inconvenience. Finding: The hardship is not a mere inconvenience. The proposed private street preserves significant site features and connects to an existing private street. The lot width variance and side yard setback variance permit the implementation of the Bluff Creek Overlay District. 2) The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. Finding: The hardship is caused by the particular physical surroundings, shape and topographical conditions of the land, namely the Bluff Creek primary zone and the access via an existing private street. 3) The conditions upon which the request is based are unique and not generally applicable to other property. Finding: The conditions upon which the request is based are unique and not generally applicable to other properties due to the unique site features. 4) The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Finding: The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance, and comprehensive plan. RECOMMENDATION Staff recommends that the Planning Commission adopt the following three motions (rezoning, subdivision with variances and conditional use permit) based on the findings in the staff report: Walnut Grove 2"d Addition March 16, 2004 Page 9 A. "The Chanhassen Planning Commission recommends approval of the rezoning of the property from Agricultural Estate District, A2, to Single Family Residential District, RSF." B. "The Chanhassen Planning Commission recommends approval of the preliminary plat for Walnut Grove Second Addition with lot width variances and one (1) foot side yard setback variances and a variance for the use of a private street, according to the plans prepared by Otto Associates, date stamped Received February 12, 2004, subject to the following conditions: 1. At the time of final plat recording, the developer shall pay full park dedication fees for the three lots that are subject to park dedication fees. 2. Adjust the lot line(s) to assure that all lots meet or exceed the 15,000 square -foot minimum lot area. 3. Individual sewer and water services must be provided and for Lots 1— 4 and indicated on the plans. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. 5. The old individual sewage treatment site for the existing home must be abandoned in accordance with MPCA regulations if encountered during grading procedures. 6. A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs, bushes, Qwest, Xcel Energy, Cable TV and transformer boxes. This is to insure that fine hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-01. 7. "No Parking Fire Lane" signs will be required on the new private street. Pursuant to Chanhassen Fire Prevention Policy #06-1991. Copy enclosed. 8. Conservation easements shall be dedicated over all areas within the Bluff Creek primary zone. 9. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall protect trees on proposed lots as well as trees in neighboring properties located next to the grading limits. 10. Any trees lost due to construction that are not shown as such on plans shall be replaced at a rate of 2:1 diameter inches. 11. Applicant shall submit landscape plans for ity review and approval prior to final plat approval. A minimum of one overstory tree will be required in the front yard of each lot. 12. Bufferyard plantings are required along Galpin Boulevard. Planting requirements are: 1 overstory tree, 2 understory trees, and 4 shrubs. 13. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. Walnut Grove 2"d Addition March 16, 2004 Page 10 14. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around the wetland. The wetland buffer shall be 0 along the east side of the wetland and 20 ft. on the north and west sides. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 15. The grading and erosion control plan shall show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland buffer or, if no buffer is to be preserved, from the delineated wetland edge. 16. The primary zone boundary shall be amended to include the wooded area in the rear (westernmost) portion of Lot 4. 17. A conservation easement shall be dedicated over the primary zone. All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the fast 20 feet of the setback. Open space shall comprise 100%a of the primary zone. 18. The proposed development shall maintain existing runoff rates. On -site storm water ponding shall be sufficient to meet all City water quality and quantity standards. 19. A manhole with a two -foot sump shall be installed as the last road accessible structure prior to discharge into the storm water pond. 20. Riprap and geotextile fabric shall be installed at the flared end sections of the inlet and outlet of the storm water pond. 21. Drainage and utility easements shall be provided over all existing wetlands, wetland buffer areas and storm water infrastructure. 22. A drainage and utility easement shall be dedicated over the 10 feet either side of the property line between Lots 2 and 3 in order to accommodate access for future storm water infrastructure maintenance. A drainage and utility easement shall be dedicated over the areas in the western portions of Lots 3 and 4 that are currently not encumbered by drainage and utility easements since water discharged from the storm water pond will flow through this area as it moves toward the wetland. 23. Type III silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. Silt fence shall be provided as needed to prevent sediment from leaving the site. 24. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. 25. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: Walnut Grove 2id Addition March 16, 2004 Page 11 26. Type of Slone Stabilized within Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days 27. These areas include 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. 28. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 29. Based on the proposed developed area of approximately 3.09 acres, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $11,041. 30. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley - Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Health, Carver County, Metropolitan Council Environmental Services, etc. and comply with their conditions of approval. 31. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 32. Sanitary sewer and water hookup charges are applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. Hook- up charges are based on the number of SAC units assigned by the Met Council for each lot. 33. The applicant will be required to meet the existing site runoff rates for the 10-year and 100-year, 24- hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements shall be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. 34. Tree preservation fencing must be installed at the limits of tree removal. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner. 35. The applicant must enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 36. Submit detailed construction plans and specifications for the public utility improvements before final platting. Walnut Grove 2"d Addition March 16, 2004 Page 12 37. Construct public utility improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates. 38. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 39. Seed and mulch or sod the site within two weeks of grading. Submit a haul route for City approval prior to any hauling. 40.On the grading plan: a. Revise the side slopes along the east side of the private drive to be a maximum of 3:1 or install a retaining wall. b. Add Type III silt fence along the secondary bluff creek zone line on the south side and Type II silt fence along the west and east sides of the grading area. c. Show a minimum 75-foot rock construction entrance. d. Show all existing and proposed easements. e. Add a bench mark. f. Show the storm sewer manhole rim and invert elevations. 41.On the utility plan: a. Show the proposed utility lines 10 feet inside the property line. b. Add a note "connection to existing manhole must be core drilled." c. Show sanitary manhole rim and invert elevations. d. Show all existing and proposed utility easements. e. Show the location of existing water and sanitary services to Lot 1. 42.On the street and storm plan: a. Last storm manhole discharging to the pond must include a 3-foot sump. b. Show the proposed and existing street easements. 43. Add a legend to the plans. 44. The driveway easement must be 30 feet wide with 20 feet of hard -surface pavement and built to a 7-ton design. 45. Submit an inspection report certifying that the private street is built to a 7-ton design. 46. Elevation of lowest house opening must be three feet above high water level of the proposed pond. 47. A 30-foot wide public drainage and utility easement must be dedicated on the final plat over the public sewer and water lines. Walnut Grove 2"d Addition March 16, 2004 Page 13 48. Structure setbacks shall comply with the following table: Setbacks: front, rear, side, Bluff Creek primary zone, wetland buffer Lot 1 30, 30, 10, na, na Lot 2 30, 30, 9, na na Lot 3 30, 30, 9, 40, 40 Lot 4 30, na, 9, 40, 40 C. "The Chanhassen Planning Commission recommends approval of the Conditional Use Permit #2003-6 for development within the Bluff Creek Overlay District subject to the following conditions: 1. The primary zone boundary shall be amended to include the wooded area in the rear (westernmost) portion of Lot 4. 2. A conservation easement shall be dedicated over the primary zone. All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone." ATTACHMENTS: 1) Findings of Fact and Recommendation. 2) Development Review Application. 3) Reduced Copy of Preliminary Plat Sheets 1-5. 4) Birchwood House Plan. 5) Oakside House Plan. 6) Maple Leaf House Plan. 7) Memo from Steven Torell to Bob Generous dated 3/l/04. 8) Memo from Mark Littfin to Robert Generous dated 2125/04. 9) Letter from Carver Soil & Water Conservation District to Robert Generous dated 9/23/03. 10) Reduced Copy Walnut Grove Preliminary Plat. 11) Reduced Copy Walnut Grove Site Plan. 12) Portion of Walnut Grove Final Plat (Walnut Curve) — Single -Family Lots. 13) Portion of Walnut Grove Final Plat (Prairie Flower Blvd.) — Bungalow Lots. 14) Portion of Walnut Grove Final Plat (Baneberry Way W.) — Townhouses. 15) Walnut Grove Lot Area Tabulations. 16) Walnut Grove Bungalows, Villas and Villa Townhomes Descriptions. 17) Notice of Public Hearing and Notified Property Owners List. gdplan\2004 planning cases\04-10 -walnut grove 2nd addition\walnut grove 2nd staff report.doc off._ to The Planning Commission questioned whether the distance between staged retaining walls made a difference whether they should be considered one wall as far as height purposes. They also wanted to clarify that temporary fences would need to meet the other locational prohibitions. The Planning Commission directed staff to investigate the issues surrounding the use EFTS, including proximity to grade, installation, drainage of the system, current technologies, etc. Article XXIV. Off-street Parking and Loading The Planning Commission concurred with the requirement that drive aisles for 45 degree parking be increased. They also felt that the increase in curb width for 90 degree parking from 8.5 feet to 9.0 feet was reasonable. The Planning Commission accepted the idea of making parking requirements for multifamily developments dependent upon the number of bedrooms in a unit as well as providing relief for senior housing developments. However, they suggested that the standards be incorporated in a table. The Planning Commission agreed with the change in office parking standards, including the use of net office area, rather than gross building area in determining the parking requirements. It was pointed out that the divisions based on building square footages be inclusive, i.e., less than 50,000 sq. ft., between 50,000 and 100,000 sq. ft., and 100,000 sq. ft. and larger. Article XXV The Planning Commission recommended that the ordinance use the term "width" rather than "dimension" is specifying the minimum size of a landscape island or peninsula. 2. Review Comments from Articles II, V, VI and VIE[. The Planning Commission thanked staff for the additional information and explanation. 3. Review Walnut Grove 2"a Addition Design Alternatives. The applicant, John Klinglehutz, and Tom Heiland presented a detached housing concept including three new homes to the Planning Commission on the site. The developer would bring this option back to the Planning Commission for formal review, if the Planning Commission felt that this would be a better development option. Staff provided a copy of the plat for Walnut Grove development for comparison purposes. The proposed housing would be very similar to the bungalow style home within the development, but larger in living area. The development would require variances for lot width and side yard setbacks, but not lot area of lot depth. The Planning Commission stated that the proposal would probably be a better plan for the area. Kate Aanenson went over the agenda for the next Planning Commission meeting on February 17,2004. The work session ended at 8:40 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Bob Generous • 6y-icy 3. CITY OF CIUMSEN 7700 Market Boulevard MEMORANDUM PO Box 147 Chanhassen, MIN55317 TO: Planning Commission Administration Phone:952,227.1100 FROM: Bob Generous, Senior Planner Fax: 952.227.1110 Building Inspections DATE: February 3, 2004 Phone: 952.227.1180 Fax:952.227.1190 SUBJ: Walnut Grove 2nd Addition Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park A Recreation Phone:952.227.1120 Fax, 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227,1400 Fax: 952.227.1404 Planning A Natural Resources Phone: 952,2271130 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 The developer has requested that the Planning Commission review potential development plans for the development of the property informally prior to returning to the Planning Commission for formal review. This item was reviewed by the Planning Commission on October 21, 2003 and by the City Council on November 10, 2003, who remanded the item to the Planning Commission for further review. Attached is the original plan reviewed by the Planning Commission, the revised plans seen by City Council addressing the turn -around issue, and a concept plan for detached housing. The third option could only be approved if the city amends the Planned Unit Development ordinance or if a land use amendment is approved to residential — medium density. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A groat place to live, work, and play. N scale 7 ° = 40' PROPOSED BUILDING SETBACKS FRONT• 90' REAR•3b SIDE• 9 ' E%ISTINO NOOSE• f0' J O••.M�'-. WALNUT GROVE SECOND ADDITION SINGLE FAMILY CONCEPT PLAN tt KLINGELHUTZ DEVELOPMENT 2-02-0568 o, 'J"m'ww,""' CHANHASSEN, MN SHEET N0. OF SHEETS 1-26-04 CITY OF MEMORANDUM TO: Todd Gerhardt, City Manager 7700 Market Boulevard FROM: Bob Generous, Senior Planner PO Box 147 Chanhassen, MN 55317 DATE: November 10, 2003 Administration Phone: 952.227.1100 SUBJ: Fax: 952.227.1110 Building Inspections EXECUTIVE SUMMARY Phone: 952.227.1180 Fax: 952 227.1190 Rezoning of the property to R4 to permit a single-family home and two twin homes (four units); subdivision approval creating five lots and one outlot with a Engineering Phone. 952227.1160 variance for the use of a private street for access; and a conditional use permit Fax: 952.227.1170 for development within the Bluff Creek Overlay District. Finance Phone: 952.227.1140 recommended denaothe rezoning The Planning Commission recommenddenial g g and Fax: 9522271110 consequently denial of the subdivision and conditional use permit due to inconsistency with the zoning. The primary issues the Planning Commission Park 8 52.2271120Recreation Phone: 952.2271120 had were resolving the turnaround and the configuration of Lot 5. "The g � Fax:952.227.1110 Planning Commission recommended denial on the basis that the cul-de-sac Recreation Center situation has not been addressed by this proposal. It's currently a temporary 2310 Coulter Boulevard cul-de-sac at the end of that private road. Temporary with the intent that it Phone: would go away at some point and there will be a turnaround further down that ,144W Fax: 952221.1404 road. There is no such provision in this proposal. At least some of the Planning Planning a Commission have concerns about the, should I say, intensity of how the current Natural Resources proposal places dwellings right on the setback lines, and puts them in a way that Phone. 952227.1130 Fax 952227.1110 could be termed shoe -horned in. That makes veryfunky lot shapes. That's the main things. " Public Works 1ne: Park Road Phane:952.227.13W Staff has worked with the applicant to resolve the turnaround issue, creating a PP � g Fax:952.227.1310 "hammer -head" on the south end of the private street. As to the lot configuration, the applicant could have platted a lot that was rectangular in Senior tamer Phone:952227.1125 shapethat extended from the east property line to Gal in Boulevard. However, P Pam' � P Fax:952.227.1110 staff requested that the majority of the Bluff Creek primary zone be located within a separate Outlot that could be deeded to the city or be held as an Web site www.ci chanhassen.mn.us undevelo able, association Outlot. The proposed preliminary plat provides that P P Po P arY P opportunity. Additionally, the dwelling sizes are very similar to the bungalow units within the Walnut Grove Development. If the issue is to preclude door opening for future decks or patios, staff recommends that we prohibit ingress/egress openings, such as entrance doors or sliding doors on the side of the structure adjacent to the primary zone setback if there is not at least 12 feet from the building to the primary zone setback. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A geat place to live, work, and play. Mr. Todd Gerhardt, City Manager November 3, 2003 Page 2 The Planning Commission and the residents on Baneberry Way West have requested relocating the existing temporary cul-de-sac at the end of Baneberry Way West further toward the west within the new subdivision. The applicant has accepted the idea to revise the plans and now proposes a hammer head turnaround. At this stage, the Engineering Department and the Fire Marshal are fine with the proposed turnaround. The Planning Commission questioned whether construction traffic can access the site from the west side of the property off of Galpin Boulevard. The Engineering Department has no objection to access off of Galpin Boulevard if Carver County gives approval, provided that the applicant submits a copy of the approval to the city. Staff believes the development is very complementary and compatible with the Walnut Grove development and is recommending approval of the rezoning to R4, the preliminary plat creating five lots and one Outlot, and the conditional use permit. ACTION REQUIRED City Council approval requires a majority vote of the entire City Council. City Council may: 1) grant approval of the preliminary plat, with or without modification or conditions, 2) refer the preliminary plat to the Planning Commission or appropriate city staff, or 3) disapprove the preliminary plat. If the plat is not approved, the City Council shall state the reasons for denial on the record. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on October 21, 2003, to review the proposed development. The Planning Commission voted 4 in favor and 1 abstention to deny the rezoning, preliminary plat and conditional use permit. The summary and verbatim minutes are item 1 a of the City Council packet for November 10, 2003. RECOMMENDATION Staff recommends that the City Council adopt the following three motions: • Approval of the rezoning of the property from Agricultural Estate District (A2) to Mixed Low Density Residential District (R4); • Approval of preliminary plat for Walnut Grove Second Addition as shown in plans prepared by Otto Associates dated August 18, 2003 Mr. Todd Gerhardt, City Manager November 3, 2003 Page 3 and revised October 28, 2003, subject to conditions 1-40 as contained in the staff report; and Approval of Conditional Use Permit #2003-6 for development within the Bluff Creek Overlay District subject to conditions 1-3 in the staff report. ATTACHMENTS 1. Planning Commission Staff Report Dated October 21, 2003. 2. Reduced Copy of Walnut Grove Preliminary Plat 3. Reduced Copy of the Walnut Grove Site Plan 4. Section of the Final Plat for Walnut Grove adjacent to Baneberry Way West 5. Sather-Bergquist, Inc. Lot Area Tabulations for Blocks 4, 5, 6 and 7. 6. Walnut Grove Bungalow and Townhomes Description PC DATE: Oct. 21, 2003 H z U 0-I 04 a a I :J CITY OF CHANHASSEN STAFF REPORT CC DATE: Nov. 10, 2003 REVIEW DEADLINE: 11/10/03 CASE #: 03-16 Sub., 03-6 CUP, 03-4 Rez BY: Robert Generous, et al. PROPOSAL: Request for rezoning from Agricultural Estate District, A2, to Mixed Low Density Residential District, R4; preliminary plat approval creating five lots consisting of one single-family home and four twin home units with a variance for the use of a private street; and conditional use permit approval for development within the Bluff Creek Overlay District. LOCATION: 7305 Galpin Blvd. APPLICANT: Klingelhutz Development 350 East Highway 212 Chaska, MN 55318 (952) 448-3330 PRESENT ZONING: Agricultural Estate District, A2, and Bluff Creek Overlay District, BCO 2020 LAND USE PLAN: Residential — Low Density (net density 1.2 — 4.0 units per acre) ACREAGE: 3.09 DENSITY: 1.62 gross, 2.88 net SUMMARY OF REQUEST: Rezoning of the property to R4 to permit a single-family home and two twin homes; subdivision approval creating five lots and one outlot containing Bluff Creek and the majority of the Bluff Creek primary zone with a variance for the use of a private street for access; and a conditional use permit for development within the Bluff Creek Overlay District. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City has a relatively high level of discretion in approving rezonings, PUD's, and amendments to PUD's because the City is acting in its legislative or policy making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. October 21, 2003 Page 2 The developer is proposing an infill development creating two new two-family buildings. The existing house will remain on one lot within the development. The surrounding property was developed as part of the Walnut Grove development. This project proposes extending the private street to serve four additional dwelling units in 2 two-family homes (which was contemplated as part of the Walnut Grove development), which was required to record an access easement for this property. Sewer and water is available through the Walnut Grove project. The site is heavily wooded in the southern one-third of the site, adjacent to Bluff Creek. The property slopes from a high point in the northeast comer at elevation 984 down to the creek at an elevation of 944. The developer is preserving the southern portion of the property as part of Outlot A. APPLICABLE REGULATIONS Chapter 18, Subdivisions Sections 20-41 through 20-45, Amendments Sections 20-221 through 20-237, Conditional Use Permits Sections 20-631 through 20-637, R4 district regulations Sections 20-1551 through 20-1564, Bluff Creek Overlay District PROPOSAUSUNIMARY The applicant is rezoning the property to Mixed Low Density Residential District, R4, which permits single-family lots of 15,000 square feet and twin home lots of 10,000 square feet per unit. In conjunction with the rezoning, the applicant is subdividing the property to create a single-family home lot around the existing house and four twin home lots. Access to the existing home is proposed to remain off Galpin Boulevard. Access to the twin homes will be via a private street which will connect to Baneberry Way, which is also a private street. A conditional use pemut is required for all development within the Bluff Creek Overlay district. The subdivision of the property is straightforward with the creation of five lots for development and one outlot, which will remain natural in appearance and preserved as open space. The applicant has included the majority of the Bluff Creek Primary Zone in Outlot A. Conservation easements shall be placed over all areas within the Bluff Creek primary zone. This will allow the City to restore and/or manage the natural resources in these areas. The developer may dedicate Outlot A to the city. The proposed development complies with all zoning requirements and is consistent with the comprehensive plan. Staff is recommending approval of the rezoning, subdivision, and conditional use permit. BACKGROUND The house was built in 1908. Development of Walnut Grove, the project to the east, began in 1997. An access easement, permitting the property to use Baneberry Way West, was recorded as part of the plat for Walnut Grove. October 21, 2003 Page 3 LANDSCAPINGlI REE PRESERVATION Tree canopy coverage and preservation calculations have been submitted for Walnut Grove 2nd Addition. They are as follows: Total upland area (excluding wetlands) 132,200 SF or 3.03 ac. Baseline canopy coverage 36% or 47,485 SF Minimum canopy coverage allowed 30% or 39,660 SF Proposed tree preservation 34% or 44,533 SF Developer does meet minimum canopy coverage requirements. Bufferyard plantings are required along Galpin Boulevard for Lots 2-4. Total plantings required are: 1 overstory 2 understory 4 shrubs PARKS AND OPEN SPACE Walnut Grove Second Addition will have four lots that are subject to a park dedication fee and one lot (the existing home), which is exempt from park dedication. Prior to recording the final plat, the development is subject to the payment of $9,600 in park dedication fees ($2,400 per unit) based on 2003 park fees. WETLANDS One wetland basin exists on -site. The wetland is an ag/urban wetland that is a part of the Bluff Creek corridor. It is dominated by reed canary grass. No wetland impact is proposed. A wetland buffer of 0 to 20 feet in width (with a minimum average of 10 feet) must be maintained around the wetland. In order to accommodate the proposed building location on Lot 4, the wetland buffer should be 0 along the east side of the wetland and should be 20 ft. on the north and west sides. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. The grading and erosion control plan should show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland buffer or, if no buffer is to be preserved, from the delineated wetland edge. BLUFF CREEK OVERLAY DISTRICT The Bluff Creek Overlay District was adopted in December 1998 as a tool for the preservation of Bluff Creek and the natural resources within its corridor. Bluff Creek flows through the southern portion of this property. The property also contains a forested riparian corridor and an aglurban wetland. The primary zone encompasses the forested area, the wetland, and the wetland buffer. The secondary zone October 21, 2003 Page 4 encompasses the primary zone and the first 20 feet of the setback. A conservation easement should be dedicated over the primary zone. All structures must maintain at least a 40 foot setback from the primary zone. No disturbance of the site may occur within the first 20 feet of the setback. No alterations are proposed within the overlay district. Open space must comprise 100% of the primary zone. GRADING, DRAINAGE AND EROSION CONTROL The plans propose to grade about 25% of the site for the new house pads, a proposed private driveway, nd a storm water pond. The proposed lots are located in the east central portion of the site. The proposed grading will prepare the site for full basement house pads on Lots 2, 3, 4 and 5, Block 1. The existing site drainage flows south toward the existing creek. The plans propose to convey the northeasterly quadrant drainage to a proposed structure and carry the storm water via storm sewer to a proposed NURP pond. The remaining portion of the site will drain overland to the proposed storm water pond and/or the creek. Staff is recommending the creation of two swales between Lots 1 & 2 and Lots 3 & 4 to minimize neighborhood drainage impact on the houses. The applicant will be required to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The stone sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements shall be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. Staff recommends that Type III silt fence be used along the south side adjacent to the secondary bluff creek line and Type II silt fence along the east and west sides of the grading area. In addition, tree preservation fencing must be installed at the limits of tree removal. A 75-foot minimum rock construction entrance must be added to the entrance that will be accessed during construction. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner. Storm Water Management The proposed development is required to maintain existing runoff rates. On -site storm water ponding must be sufficient to meet all City water quality and quantity standards. A manhole with a two -foot sump should be installed as the last road accessible structure prior to discharge into the storm water pond. Riprap and geotextile fabric should be installed at the flared end sections of the inlet and outlet of the storm water pond. Easements Drainage and utility easements should be provided over all existing wetlands, wetland buffer areas, and storm water infrastructure. A drainage and utility easement should be dedicated over the 10 feet either side of the property line between Lots 3 and 4 in order to accommodate access for future storm water infrastructure maintenance. A drainage and utility easement should also be dedicated over the area in October 21, 2003 Page 5 the southwestern portion of Lot 3 that is currently not encumbered by a drainage and utility easement since water discharged from the storm water pond will flow through this area as it moves toward the wetland. Erosion Control Type III silt fence should be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. All upland areas disturbed as a result of construction activities shall be immediately restored with seed and disc -mulched, covered with a wood -fiber blanket, or sodded within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. Surface Water Management Fees Water Ouality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $949/acre. Based on the proposed developed area of approximately 2.24 acres, the water quality fees associated with this project are $2,126. Water Ouantity Fees The SWMP has established a connection charge for the different land uses based on an average citywide 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 have a connection charge of $2,348 per developable acre. This results in a water quantity fee of approximately $5,259 for the proposed development. SWMP Credits This project proposes the construction of a NURP pond. The applicant will be credited for water quality where NURP basins are provided to treat runoff from the site. This will be determined upon review of the ponding and storm sewer calculations. Credits may also be applied to the applicant's SWMP fees for oversizing in accordance with the SWMP or the provision of outlet structures. The applicant will not be assessed for areas that are dedicated outlots. No credit will be given for temporary pond areas. At this time, the estimated total SWMP fee, due and payable to the City at the time of final plat recording, is $7,385. Other Agencies The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley - Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. October 21, 2003 Page 6 Municipal sewer and water service is available to the site from Baneberry Way. The existing house on Lot 1 is already connected to municipal sewer and water. The applicant is proposing to extend sewer and water lines along the private driveway to service proposed Lots 2, 3, 4, and 5. The proposed sanitary manholes must be low enough to serve the basement of Lots 2, 3, 4 and 5, Block 1 and public utility lines must be 10-feet inside the property line. According to the City's Finance Department records, the parcel was previously assessed for one sanitary sewer and water hookup. Since the developer will be responsible for extending lateral sewer and water service to the lots, the sanitary sewer and water connection charges will be waived. However, the sanitary sewer and water hookup charges will still be applicable for each of the new lots. The 2003 trunk hookup charge is $1,440 for sanitary sewer and $1,876 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Upon completion of the utility improvements, the utilities will be turned over to the City for maintenance and ownership. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, Department of Health, MCES, and Watershed District. STREETS The applicant is proposing two accesses to the proposed lots. On the northwest corner of the parcel, an existing access off Galpin Lake Road will be utilized to serve the existing house on Lot 1. Another proposed new access off of Baneberry Way turning point will be servicing Lots 2, 3, 4, and 5 as a private driveway. As such, the driveway easement must be 30 feet wide with 20-feet of hard surface pavement and built to a 7-ton design. The developer must submit an inspection report certifying that the private street is built to a 7-ton design prior to certificate of occupancy. There is an existing turnaround at the end of Baneberry Way; Because of this, the Fire Marshal is not requiring an additional turnaround. EASEMENTS Conservation easements shall be dedicated over all areas within the Bluff Creek primary zone. REZONING/COM PLAN (If required) The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive October 21, 2003 Page 7 Plan. The property is guided for Residential - Low Density uses. R4 is an appropriate zoning for the property. b) The proposed use is or will be compatible with the present and future land uses of the area. This development will develop at a lower density than the property to the east. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. Access to the existing house will be via the existing driveway on Galpin Boulevard. The additional dwellings will be accessed via Baneberry Way West, a private street. COMPLIANCE TABLE Area (square feet) Width (feet) Depth (feet) Setbacks: front, rear, side, Bluff Creek primary zone, wetland Code -single-family 15,000 80 125 30, 30, 10, 40, 40 Code -two-family 10,000 50 125 30, 30, 10, 40, 40 Lot 1 25,985 104 250 30, 30, 10, na, na Lot 2 12,495 50 250 30, 30, 10, na, 40 Lot 3 12,495 50 250 30, 30, 10, 40, 40 Lot 4 11,714 50 176 30, na, 10, 40, 40 Lot 5 12,873 125 129 30, na, na, 40, na Outlot 37,196 ROW 21,842 Total 134,600 PRIVATE STREET FINDINGS In order to permit private streets, the city must find that the following conditions exist: 1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. The site is being accessed via an existing private street through the Walnut Grove development for which an access easement was recorded as part of the Walnut Grove development. The location of the Bluff Creek Primary zone and the small wetland on site make it unfeasible to construct a public street. October 21, 2003 Page 8 2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. No additional access will be permitted to Galpin Boulevard. 3) The use of the private street will permit enhanced protection of the city's natural resources including wetlands and forested areas located in the Bluff Creek primary zone. VARIANCE FINDINGS WITHIN SUBDIVISONS The city may grant a variance from the regulations of the subdivision ordinance as part of the plat approval process following a finding that all of the following conditions exist: 1) The hardship is not a mere inconvenience. Finding: The hardship is not a mere inconvenience. The proposed private street preserves significant site features and connects to an existing private street. 2) The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. Finding: The hardship is caused by the particular physical surroundings, shape and topographical conditions of the land, the Bluff Creek primary zone. 3) The conditions upon which the request is based are unique and not generally applicable to other property - Finding: The conditions upon which the request is based are unique and not generally applicable to other properties due to the unique site features. 4) The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Finding: The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance, and comprehensive plan. SUBD"ION FINDINGS 1) The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the R4, Mixed Low Density Residential District. October 21, 2003 Page 9 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 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 excessive environmental damage subject to conditions of approval. 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. 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. CONDITIONAL USE PERMIT FINDINGS When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: 1) Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. October 21, 2003 Page 10 Finding: The proposed development, within the BCO, will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 2) Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The proposed development is consistent with the comprehensive plan. 3) Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The proposed development of low density housing is compatible with the BCO and surrounding development. 4) Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The proposed development will not be hazardous or disturbing to the existing neighboring uses. The proposed development will preserve the BCO primary zone in its entirety. 5) Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The proposed development will be served by adequate public infrastructure. 6) Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The proposed intensity of development was anticipated as part of the city's comprehensive plan and will not create excessive requirements for public facilities and services. 7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: The proposed development will not be detrimental to persons or property or the general welfare of the area. 8) Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The proposed development will be served via a private street. October 21, 2003 Page 11 9) Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed development will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. 10) Will be aesthetically compatible with the area. Finding: The proposed development will be aesthetically compatible with the area. 11) Will not depreciate surrounding property values. Finding: The proposed development will not depreciate surrounding property values. 12) Will meet standards prescribed for certain uses as provided in this article. Finding: The proposed development will meet standards for the R4 and BCO districts. RECOMMENDATION Staff recommends that the Nanning Ceffmiiss City Council adopt the following three motions (rezoning, subdivision and conditional use permit) based on the findings in the staff report: A. "The Chanhassen Planning Ceffwpissiea feeemmends approval a City Council approves the rezoning of the property from Agricultural Estate District, A2, to Mixed Low Density Residential District, R4." B. "The Chanhassen City Council approves the preliminary plat for Walnut Grove Second Addition, plans prepared by Otto Associates, dated 8/18103, revised 10/28103, subject to the following conditions: 1) At the time of final plat recording, the developer shall pay full park dedication fees for the four lots that are subject to a park dedication fees. 2) Conservation easements shall be dedicated over all areas within the Bluff Creek primary zone. 3) Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall protect trees on proposed lots as well as trees in neighboring properties located next to the grading limits. 4) Any trees lost due to construction that are not shown as such on plans shall be replaced at a rate of 2:1 diameter inches. 5) Applicant shall submit landscape plans for foundation plantings for units. A minimum of one overstory tree will be required in the front yard of each lot. October 21, 2003 Page 12 6) Bufferyard plantings are required along Galpin Boulevard. Planting requirements are: 1 overstory tree, 2 understory trees, and 4 shrubs. 7) Any portion of a building within three feet of a property line must be of one -hour fire -resistive construction and location of openings may be restricted. Consideration must be given to the placement of property lines prior to platting the property. 8) A final grading plan and soils report must be submitted to the Inspections Division before permits will beissued. 9) Meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 10) A wetland buffer of 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around the wetland. In order to accommodate the proposed building location on Lot 4, the wetland buffer shall be zero (0) feet along the east side of the wetland and shall be twenty (20) feet on the north and west sides. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 11) The grading and erosion control plan shall show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland buffer or, if no buffer is to be preserved, from the delineated wetland edge. 12) A conservation easement shall be dedicated over the Bluff Creek primary zone. All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone. 13) The proposed development shall maintain existing runoff rates. On -site storm water ponding shall be sufficient to meet all City water quality and quantity standards. 14) A manhole with a two -foot sump shall be installed as the last road accessible structure prior to discharge into the storm water pond. 15) Riprap and geotextile fabric shall be installed at the flared end sections of the inlet and outlet of the storm water pond. 16) A drainage and utility easement must be dedicated over the 10 feet either side of the property line between Lots 3 and 4 in order to accommodate access for future storm water infrastructure maintenance. A drainage and utility easement must be dedicated over the area in the southwestern portion of Lot 3 that is currently not encumbered by a drainage and utility easement since water discharged from the storm water pond will flow through this area as it moves toward the wetland. October 21, 2003 Page 13 17) Type III silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. 18) All upland areas disturbed as a result of construction activities shall be immediately restored with seed and disc -mulched, covered with a wood -fiber blanket or sodded within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 19) Based on the proposed developed area of approximately 2.24 acres, the estimated total SWMP fee, due and payable to the City at the time of final plat recording, is $7,385. 20) The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley - Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. 21) Show the existing street name `Baneberry Way." 22) Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 23) Sanitary sewer and water hookup charges are applicable for each of the new lots. The 2003 trunk hookup charge is $1,440 for sanitary sewer and $1,876 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. 24) The applicant will be required to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements shall be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. 25) Use Type III silt fence along the secondary bluff creek overlay zone line on the south side and use Type II silt fence along the west and east sides of the grading area. In addition, tree preservation fencing must be installed at the limits of tree removal. A 75-ft. minimum rock construction entrance should be added to the entrance that will be accessed during construction. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner. 26) Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 27) The applicant shall enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. October 21, 2003 Page 14 28) Submit detailed construction plans and specifications for the public utility improvements before final platting. 29) Construct public utility improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates. 30) Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 31) Seed and mulch or sod the site within two weeks of grading. Submit haul route for City approval prior to any hauling. 32) On the grading plan: a) Add a storm sewer schedule. b) Add silt fence Type III along the secondary bluff creek zone line on the south side and silt fence Type H along the west and east sides of the grading area. c) Show a minimum 75-foot rock construction entrance. d) Show all existing and proposed easements. e) Add a bench mark. f) Show the storm sewer manholes rim and invert elevations. 33) On the utility plan: a) Show proposed utility lines 10-feet inside property line. b) Add a note, "Connection to existing manhole must be core drilled." c) Show sanitary manhole rim and invert elevations. d) Show minimum 10-ft. horizontal separation between sanitary and watermain lines. e) Show all existing and proposed utility easements. f) Show proposed house lower level elevations. g) Show sanitary sewer and watermain pipe class and slope. h) Show a temporary utility easement to work outside property limit. i) Show the location of proposed and existing water and sanitary services. j) Show the proposed sanitary and watermain in profile view within the construction area. k) All public watermain will be PVC, C-900 pipe 1) All public sanitary sewer pipe type will be PVC, SDR35. 34) On the street and storm plan: a) Last storm manhole discharging to the pond must include a 2-foot sump. b) Show the proposed and existing street easements. 35) Add a legend to the plans. 36) Add the latest version of City of Chanhassen detail plates# 1002, 1004, 1005, 1006, 2001, 2101, 2109A, 3101, 3102, 3104, 3107, 3108, 3109, 5200, 5203, 5207, 5300, 5301 and 5302. October 21, 2003 Page 15 37) The driveway easement must be 30 feet wide with 20-feet of hard surface pavement and built to a 7-ton design. The developer will be required to provide inspection reports verifying the private street construction complies with this requirement. 38) Construction access may be from the west side of the property off Galpin Lake Road (Carver County Rd.117.) if Carver County will give approval. The applicant has to submit to the City a copy of the permit or approval letter from the County to utilize an access of Galpin Lake Road. 39) Structure setbacks shall comply with the following table: Setbacks: front, rear, side, Bluff Creek primary zone, wetland Lot 1 30, 30, 10, na, na Lot 2 30, 30, 10, na, 40 Lot 3 30, 30, 10, 40, 40 Lot 4 30, na, 10, 40,40 Lot 5 30, na, na, 40, na 39) The current cul-de-sac issue must be addressed relocated as shown on the revised plans dated 10/28/03. The developef: shall eantaot the Chanhassen City Eagine-e-F And- ChanhAsgen Am Remove the existing cul-de-sac bituminous in back of the curb and re -sod the area. 40) Ingress/egress openings, such as entrance doors or sliding doors on the side of the structure adjacent to the primary zone setback, shall be prohibited if there is not at least 12 feet from the building to the primary zone setback." C. "The Chanhassen NfflwAng Commission feeeffffnends appfflval e City Council approves the Conditional Use Permit #2003-6 for development within the Bluff Creek Overlay District subject to the following conditions: 1) All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the fast 20 feet of the setback. Open space shall comprise 100% of the primary zone. 2) The site shall develop substantially in compliance with Subdivision 03-16, Walnut Grove T' Addition. 3) Ingress/egress openings, such as entrance doors or sliding doors on the side of the structure adjacent to the primary zone setback, shall be prohibited if there is not at least 12 feet from the building to the primary zone setback.." October 21, 2003 Page 16 ATTACHMENTS: 1) Findings of Fact and Recommendation 2) Development Review Application 3) Reduced Copy of Preliminary Plat 4) Letter from Carver Soil & Water Conservation District to Robert Generous dated 9/23/04 5) Notice of Public Hearing and Notified Property Owners List. October 21, 2003 Page 17 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Klingelhutz Development for Rezoning, Subdivision and Conditional Use Permit approval. On October 21, 2003, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Klingelhutz Development for rezoning from Agricultural Estate District, A2, to Mixed Low Density Residential District, R4; preliminary plat approval creating five lots consisting of one single-family home and four two-family home units, with a variance for the use of a private street and a conditional use permit for development within the Bluff Creek Overlay District. The Planning Commission conducted a public hearing on the proposed development preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District and is located within the Bluff Creek Overlay District. 2. The property is guided in the Land Use Plan for Residential —Low Density use. 3. The legal description of the property is: see Exhibit A 4. The proposed subdivision is inconsistent with the zoning ordinance. The rezoning of the property to R4 is consistent with the land use designation of the property for Residential —Low Density use. The proposed development complies with the Bluff Creek Overlay standards. However, the proposed development does not meet the intent of the Bluff Creek Overlay district. 5. The proposed development is inconsistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan. 6. 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. October 21, 2003 Page 18 7. The proposed development makes adequate provision for water supply, storm drainage, sewage disposal, erosion control and all other improvements required by the city. The proposed development does not adequately address the relocation of the turn -around. 8. The proposed development will not cause significant environmental damage. 9. The proposed subdivision will not conflict with easements of record. 10. 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. 11. The planning report # 03-16 Subdivision, 03-6 CUP, 03-4 Rezoning dated October 21, 2003, prepared by Robert Generous, et al, is incorporated herein. The Planning Commission recommends that the City Council approve deny the Rezoning, Preliminary Plat and Conditional Use Permit. ADOPTED by the Chanhassen Planning Commission this 21st day of October, 2003. BY: ATTEST: Secretary CHANHASSEN PLANNING CONU&SSION Its Chairman EXHIBIT A Legal Description Parcel 1: That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, c distance of 1190.41 feet to a point on a 3452.34 foot radius curve, the center of circle of sold curve bearing North 79 degrees 30 minutes 09 seconds West from sold point, thence Southwesterly along said curve, a distance of 469.80 feet, central angle 07 degrees 47 minutes 49 seconds; thence South 18 degrees 17 minutes 40 seconds West along tangent, a distance of 64.00 feet to the actual point of beginning of the tract to be described; thence continuing South 18 degrees 17 minutes 40 seconds West, a distance of 282.12 feet; thence South 65 degrees 12 minutes 03 seconds East, a distance of 33.12 feet to a point that is hereafter referred to as Point A. Point A is described as beginning at the point of intersection of the Northerly right—of—way line of Minnesota Trunk Highway No. 5 and a line 33.00 feet Southeasterly of, measured at right angles to and parallel with the centerline of Carver County Road No. 117; thence on an assumed bearing of North 18 degrees 17 minutes 40 seconds East and parallel with the centerline of said Carver County Rood No. 117, a distance of 725.00 feet to said Point A. Thence from sold Point A, South 65 degrees 12 minutes 03 Southeast East, a distance of 268.73 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 316.33 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 300.00 feet to the point of beginning. Legal Description Parcel 2: That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 10, thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet; thence Southerly a distance of 383.79 feet along a curve not tangential with the last described line, said curve is concave to the West, has a radius 3452.34 feet and a central angle of 6 degrees 22 minutes 10 seconds and the chord of said curve bears South 13 degrees 40 minutes 55 second West to the point of beginning of the tract to be described, thence continuing Southerly, a distance of 86.01 feet along said curve concave to the West, having a radius of 3452.34 feet, a central angle of 01 degree 25 minutes 39 seconds; thence South 18 degrees 17 minutes 40 seconds West, tangent to said curve, a distance of 64.00 feet; thence South 71 degrees 42 minutes 20 seconds East, a distance of 300.00 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 150.00 feet, thence North 71 degrees 42 minutes 20 seconds West, a distance of 301.07 feet to the point of beginning. WYOFCW1' _,I,EN CITY OF CHANHASSEN 7700 MARKET BOULEVARD .SEP 1 1 2��3 6111 �f CHANHASSEN, MN 55317 (952) 227-1100 CIiNIHASSEN PLANNING DEPi DEVELOPMENT REVIEW APPLICATION APPLICANT: ADDRESS: 3 Sa Ei— Q\"kv� , MO._ S9 I tC TELEPHONE (Day time) 4 ,4 _ qY R — 3 33 Q OWNER: K << N`�vy.t im, ADDRESS: 35O EF 7l&—'j / (2kr95NC+4, hlu 5753/�' ,r TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit %�M , GIS Vacation of ROW/Easements Interim Use Permit Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development* Zoning Appeal Rezoning j 00 . Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign Site Plan Review' X Escrow for Filing Fees/Attomey Cost" ($50 CUP/SPRNACNAR/WAP/Metes and Bounds, $400 Minor SUB) Subdivision' 47 5 ifs TOTAL FEE $ JbI6te— T)S7 i 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. PROJECT NAME _ V),Pj N V+ 1 U ?2to V e yN D LOCATION— '1 3Q 5���o� t ��P"" t N '' LEGAL DESCRIPTION tAt6�►e�r� TOTAL ACREAGE 3,0 WETLANDS PRESENT _OYES NO PRESENT ZONING REQUESTED PRESENT LAND USE REQUESTED LAND USE REASON FOR THIS REQUEST LeV, & r,s t4� 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 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 app)iepnt. Application Received on 9�i4/c3 Fee Paid #187s qA a D e 9 D- ate I> W N 29*1 Receipt No. -Dba 40361 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 r Q, `Pk�� pftoY.c ���3z�s ��tic. WLU44 911114403 Tom Heiland From: Kara Knutson [kara@ottoassociates.com] Sent: Tuesday, September 09, 2003 9:38 AM To: Tom Heiland Subject: Legal Description for Walnut Grove second Legal Description - Parcel 1: That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet to a point on a 3452.34 foot radius curve, the center of circle of said curve bearing North 79 degrees 30 minutes 09 seconds West from said point; thence Southwesterly along said curve, a distance of 469.80 feet, central angle 07 degrees 47 minutes 49 seconds; thence South 18 degrees 17 minutes 40 seconds West along tangent, a distance of 64.00 feet to the actual point of beginning of the tract to be described; thence continuing South 18 degrees 17 minutes 40 seconds West, a distance of 282.12 feet; thence South 65 degrees 12 minutes 03 seconds East, a distance of 33.12 feet to a point that is hereafter referred to as Point A. Point A is described as beginning at the point of intersection of the Northerly right-of- way line of Minnesota Trunk Highway No. 5 and a line 33.00 feet Southeasterly of, measured at right angles to and parallel with the centerline of Carver County Road No. 117; thence on an assumed bearing of North 18 degrees 17 minutes 40 seconds East and parallel with the centerline of said Carver County Road No. 117, a distance of 725.00 feet to said Point A. Thence from said Point A, South 65 degrees 12 minutes 03 Southeast East, a distance of 268.73 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 316.33 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 300.00 feet to the point of beginning. Legal Description - Parcel 2: That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet; thence Southerly a distance of 383.79 feet along a curve not tangential with the last described line, said curve is concave to the West, has a radius 3452.34 feet and a central angle of 6 degrees 22 minutes 10 seconds and the chord of said curve bears South 13 degrees 40 minutes 55 second West to the point of beginning of the tract to be described; thence continuing Southerly, a distance of 86.01 feet along said curve concave to the West, having a radius of 3452.34 feet, a central angle of 01 degree 25 minutes 39 seconds; thence South 18 degrees 17 minutes 40 seconds West, tangent to said curve, a distance of 64.00 feet; thence South 71 degrees 42 minutes 20 seconds East, a distance of 300.00 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 150.00 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 301.07 feet to the point of beginning. Sincerely, Kara Knutson Otto Associates, Engineers and Land Surveyors, Inc 9 West Division Street Buffalo, MN 55313 763-682-4727 karaeottoassociates.com 1 M/IIwWYiYwI O.MwIwW IY T.x11N RwpY O.N ` \\ \ oM..Y.wwMm.l. N..tlrrrmN.�.. r.r Q ! .�rw..r wl�"rr.wuiatliwriwd /Ol � •./��/\ ,\� \ \ � �illvv�� ANY rrMM.+r r.Is r. rN�bN.N rl... //"� /� � \ • wKvoM.bw Mm.xr wMYrN�rN� \�• ��. rN N.N �I) Mw. tl �✓, M Imo. YI.L ..I.. w mm ..M tl MwY. wW IY b Y rY1 w� rINM/ . / rill w/r NWnl. tl..Vf Y(. Mw. wmSNM Nn. / \\ •rn xil Y.•�N.MYY�N 64. NI�tlIIN MY./MI / I \\\� �/ I M.Ix �YI.b MIA Q \ \ V MI11 nnr..l-..r wlrr mW wwrb a.N.r ssmM I� • � auM.Ybw .�.rn w.Mi �Yw�rwwxti� V NA �� rw Wrw_rrwrw_W V 7 CSSR ..r Nr x. m,. )am Mbrr MrA dA M M. M1.M N.w� N iM.Y N rY aM • \ Y' m YM. w amm M Y W ..Mf wY/.i. � b10 by • r bx.orxr )--• Y / , t ourLorA�� - . �Y w W Y.l OYY.wI tl W rtlw N Mw w. rn./ `T / •f t.b tlrR mw/.I MYI.M�WIM wn/MYfYw J .Y Yx.M�..r.tl M1NYt Irw. T.YY bI�Y I 1 }6� 'M1 rYrY�.r o,..I.Mwrim«AN N.�rry. Rwx. l � w LiNM..W •Nrw.IYT�W .m wYI..N.IM .Y/Nn. Mw _ � \ \ �('_ tl �1. 10 sbN W.1.1 w..V .n. M. rN NINON y \ .NYIwbY�.I .I.IYW.MI w..II.MIww MbY r.Y• / .� / _ WTI KMi�..Y MMMTI. nN. w.NKN Iw4.�N.MwPIN.M M.Y / �� • l ��li .. a. �.1 M.w NUP N.NMNWYtl��Y iR WI.IY.Y /`\ W.Mw.w MmM Ww rMTNxM Y.rwY�1 'b p.{ . Mw w Mm Rn Y... M.N II y� N NMw N rw1 I.4. M...w A.m MYw~i 101tlrYwY V.M)�✓r IIIY O/YM.q cqr sw-u YYV� lnM. M dN+. u sot w R. rJNml L `�4RFMxPNw.wn NIVAT'1MIrAYO RurY ns ar,H o YC /R 1. IMRD cwNat aoRne Ixnun Nsa. wRl I [i]� "" I WALNUT GROVE SECOND ADDITION I PRELIMINARY PLAT I ' s ur x � snR YK Y rsw Lam`/ fTo .__N�.�_ NLINOELHUn DE LO MEM 2-020668 CHANHASSEN MN SHEET NO , OF 6 oenalo3 NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, OCTOBER 21, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Rezoning, Subdivision, and APPLICANT: Klingelhutz Development Conditional Use Permit for a Single Family Home and LOCATION: 7305 Galpin Blvd. Twin Home Units NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Klingelhutz Development, is requesting rezoning of 3.09 acres from A2, Agricultural Estate District to R4, Mixed Low Density Residential; subdivision approval creating five lots consisting of one single family home and four twin home units with a variance request; and a conditional use permit for development within the Bluff Creek Corridor, located at 7305 Galpin Blvd., Walnut Grove Second Addition. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. 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 227 1131 or e-mail bgenerous@ci.chanhassen.mn.us. 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 October 9, 2003. Smooth Feed Sheetsrm Use template for 51600 )OUGLAS C & THERESA J BENTZ '280 GALPIN BLVD EXCELSIOR MN 55331 :RIC A BAKKEN & IOAN H WADE '606 WALNUT CRV ;HANHASSEN MN 55317 CYLE A & LEAH C PLATH '604 WALNUT CRV ;HANHASSEN MN 55317 IONATHAN D & MARCIA L MAPLES '602 WALNUT CRV :HANHASSEN MN 55317 3COTT A & HEATHER D HALLOFF 1600 WALNUT CRV ;HANHASSEN MN 55317 NALNUT GROVE VILLAS ASSN 3/0 GITTLEMAN MGMT CORP 1801 EAST 79TH ST SUITE 21 3LOOMINGTON MN 55425 BRIAN & KAREN WALKER 7591 WALNUT CRV CHANHASSEN MN 55317 DAVID K & CHRISTINA J STREETER 7598 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 THEODORE A & ANGELA M ELLEFSON 7609 WALNUT CRV CHANHASSEN MN 55317 ROBERT G & MELISSA L REED 7611 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 MARK & CONSTANCE LANTERMAN 7612 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 ROTTLUND COMPANY INC 3065 CENTRE POINTE DR ROSEVILLE MN 55113 LEROY C & HELEN E WICKSTROM C/O CAROL KOCH 14342 GOLF VIEW DR EDEN PRAIRIE MN 5534E RICHARD H SR & BARBARA KELLER 2130 CLOVER CT CHANHASSEN MN 55317 WALNUT GROVE HOMEOWNERS ASSN C/O GITTLEMAN MGMT CORP 1801 E 79TH ST SUITE 21 BLOOMINGTON MN 55425 KLINGELHUTZ DEVELOPMENT CO 350 HWY 212 E PO BOX 89 CHASKA MN 55318 MORRIS L & MURIEL N MULLIN 7630 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 ROBERT P & SANDRA L LISTIAK 2138 CLOVER CT CHANHASSEN MN 55317 THEODORE F & MARLENE M BENTZ ELDEN E & GLORIA A BOTT WALNLMGROVE HOMEOWNERS ASSN 7300 GALPIN BLVD 7626 PRAIRIE GLOWER BLVD C/O GITTL MGM EXCELSIOR MN 55331 CHANHASSEN MN 55317 1801 E 79TH S TE 21 BLOOM ON M 55425 3RADLEY J & KATHLEEN VELDBOOM NORMA LEE SCHULLER 7599 WALNUT CRV 2116 CLOVER CT HANHASSEN MN 55317 CHANHASSEN MN 55317 3TEVEN J & JANICE K VREEMAN JOANNE I JAMES 7601 WALNUT CRV 7627 PRAIRIE FLOWER BLVD HANHASSEN MN 55317 CHANHASSEN MN 55317 _EE A & TAMMY L BERGSTROM RICHARD & RHODA M SCHAFFER 7595 WALNUT CRV 2122 CLOVER CT HANHASSEN MN 55317 CHANHASSEN MN 55317 MAVERYO Address Labels DONALD B & JANET L DAHLQUIST 7634 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 DOROTHY A GRIESMANN 2127 CLOVER CT CHANHASSEN MN 55317 J P'S LINKS INC-JOHN PRZYMUS C/O PAT NEATON 601 CARLSON PKY #620 MINNETONKA MN 55305 Laser 51600b Smooth Feed SheetsTm Use template for51600 'ATRICIA K KOHN '638 PRAIRIE FLOWER BLVD "HANHASSEN MN 55317 =DWARD J & SUSAN L ROBBINS ?141 CLOVER CT 'HANHASSEN MN 55317 "HARLES B & SHIRLEY A ENGH 7642 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 KLINGELHUTZ DEVELOPMENT CO 350 HWY 212 E PO BOX 89 CHASKA MN 55318 DENNIS E & ELISSA K ELLEFSON 2194 BANEBERRY WAY W CHANHASSEN MN 55317 BRADLEY A & JODENE B THRODAHL 2190 BANEBERRY WAY W CHANHASSEN MN 55317 AMY DEFIEBRE SUMNER 2186 BANEBERRY WAY W CHANHASSEN MN 55317 STEVEN W & KAREN A BROWN 7670 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 WALNUT' OVE HOMEOW ASSN JEANNE C GILBERTSON C/O GITTLEM 2170 BANEBERRY WAY W 1801 E 79TH E 21 CHANHASSEN MN 55317 BLOO N M 55425 DAVID W & LINDA J HAGGBLOOM 7646 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 GARY F & JOYCE E ANDERSON 7650 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 ROBERT R & SALLY J SHULTZ 380 MARGARET CIR WAYZATA MN 55391 CHARLES E & JEANNE S BEHRING 2162 BANEBERRY WAY W CHANHASSEN MN 55317 HANG CHAN & CHEUKWAICHONG 2201 BANEBERRY WAY W. CHANHASSEN MN 55317 SHAW NA M GRIEP 2197 BANEBERRY WAY W iCHANHASSEN MN 55317 NATHAN R JOHNSON & BRANDILYN E BAWEK 2193 BANEBERRY WAY W CHANHASSEN MN 55317 DORIS FRENCH 2189 BANEBERRY WAY W CHANHASSEN MN 55317 JANET I MARUSKA 2175 BANEBERRY WAY W CHANHASSEN MN 55317 JENNY VAN AALSBURG 2171 BANEBERRY WAY W CHANHASSEN MN 55317 ERIK J FRITZ & JINA I KUESEL 2167 BANEBERRY WAY W CHANHASSEN MN 55317 GERALD O & DARLENE A SODERLIND WALNUT GROVE HOMEOWNERS ASSN CITY OF CHANHASSEN TRUSTEES OF TRUST C/O GITTLEMAN MGMT CORP C/O BRUCE DEJONG 7656 PRAIRIE FLOWER BLVD 1801 E 79TH ST SUITE 21 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 BLOOMINGTON MN 55425 CHANHASSEN MN 55317 EARLON L MILBRATH & LIEU NGUYEN & LOUIS C ABELA CAROL ANN D MILBRATH VO THI CHIN 2163 BANEBERRY WAY W 7662 PRAIRIE FLOWER BLVD 2158 BANEBERRY WAY W CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 SUSAN M ERICKSON WILLIAM A & BARBARA E BROWN CITY OF CHANHASSEN 2198 BANEBERRY WAY W 7676 PRAIRIE FLOWER BLVD C/O BRUCE DEJONG CHANHASSEN MN 55317 CHANHASSEN MN 55317 7700 MARK O BOX 147 CH EN MN 55317 n/%\ Mmi7VW ArlAracc 1 nhalc 1 ncn riAne Smooth Feed SheetsTM Use template for 51600 4ARY LOUISE REITMEIER 159 BANEBERRY WAY W :HANHASSEN MN 55317 1RADLEY J & JANETTE M WING !155 BANEBERRY WAY W ;HANHASSEN MN 55317 CATHLEEN W HOMES ?145 BANEBERRY WAY W :HANHASSEN MN 55317 ' NNETTE M CIESZKOWSKI ?141 BANEBERRY WAY W HANHASSEN MN 55317 JUNE M CASEY ?137 BANEBERRY WAY W HANHASSEN MN 55317 JULIE D WAND 2133 BANEBERRY WAY W CHANHASSEN MN 55317 CONVENIENCE STORE INVESTMENTS PO BOX 2107 LACROSSE WI 54602 CITY OF CHANHASSEN C/O BRUCE NG 7700 MAYXET BLVDPO BOX 147 CHA ASSEN MN 55317 CHANHASSEN DEVELOPMENT LLC 1434 SALEM LN SW ROCHESTER MN 55902 n0 AVERY@ Address Labels Laser 51600 \ 1 1 \ \\ I I I•r% I% I/ I o \ \'I.` .1 WMH WA Rl9! 1'r�l yIYSV I Ras \•� x` TR.1L r VH WA �m la ��iwl RAY 4 WI'.�A (p0 1.�1�i1V1 _ xr'4�H �M� IwN WYA W I J�iW) rrxY4xY "'"' • --�� .x fir= N01yM 2pFASTING - A2 PROPOSED - KD-R Pflw E f" GUIDING SEIB s S*RIRONY - 30 IFFY s YARD - MUT MSE REAR YARD - GS FEET TOTAL AREA . 2169,2S4 4y1L 49.50 oar '1RAOITIWAL' NOLK LOS SS ' BLWDMUM' HONES: 44 'WLA' NOYE@ EODR HONES / B NO: 10 SIX NpIES / BOEfMNO: 24 ERMT NOHES / WWW@ 32 I Vf NODES / SMDWG r IOTAL NONES: 240 peNi u�nowux uuu urri ie.r rr.mu,e u.....-.u- u� p w rxrnnrirwnuwwax.Wx.n I lm. rT Mi M HM W IOHIp Ix 1E r YY1111 srl H.Aa Y w.l w 4 Hll IpW IMR Yvv IrY r 1/r O 1[ N� e1 wOOM l�`x l yrYw/x wx� L MM W by "ONI '1N3Nd( 30 lVli N3GIS38 Qp-�tl fiu).u[B lw VIYGMI AwOMY Mu6 m ` ,Y � ��M n . �, m* � NYId 3115 (Lll ,ow AV7 ftd'vs i i v "s:'o PJ 0 7- rkO7' OF&M O 00 39.7g 42�W 142. ^o W 00 .3 m °10 ;' w m m ` 2 : '� m 3Qc m 39.00 ? 3z 00� � ♦� i J N68o N78 04,4 3200Z 31 4SS61136 F 2•W 142.00 �rw 4m3o R-7 _ N79°21'0 w 7 38.3g�0.00 _ O(/ Try 105.71 � ro 39. N 8°41'4 '�K. r l0 74°: 2 0 0 00 32.00 32 004 00 q b' 39.� = m 2 OD m3 m Go 88045'00"E h h 4 � 53.84 39.00 32 00 32.00 39.00Z I � N7go22,3g � W 198.45 _ N I I � NsSO"?.0` .;p 406. 05/20/97 13:26 PS sjj9DF z w � _ v, SATHRE - BERGQUIST, INC. 150 SOUTH BROADWAY co (612) 476-6000 CyFAS P�P�2 WALNUT GROVE LOT AREA TABULATIONS SATHRE-BERGQUIST, INC. Dated: May 20, 1997 (Page 1 of 3) NO.229 D02 WAYZATA, MN 55391 FAX 476-0104 BLOCK 1 13 10158 51 4435 BLOCK 5 14 11226 52 4225 LOT AREA 15 10669 53 4471 LOT AREA SoTFt. 16 13467 54 4533 SA. t" 17 10499 55 3980 1 25337 18 78547 1 2210 2 19159 19 4059 2 1813 3 16727 20 4920 BLOCK 3 3 1813 4 17678 21 4630 4 2210 5 13814 22 4803 LOT AREA 6 14577 23 4375 Sq.Ft. 7 15382 24 4616 BLOCK 6 8 14872 25 4255 1 31748 9 13660 26 3869 2 14351 LOT AREA 10 12968 27 4173 3 12297 B Ft. 11 13317 28 4480 4 14048 12 14050 29 4502 5 50110 1 2210 13 15388 30 4489 6 3794 2 1813 14 18431 31 42162 7 4570 3 1813 32 4928 8 4481 4 2210 33 4771 9 4015 BLOCK 2 34 4049 10 3956 35 4030 11 3933 BLOCK 7 LOT AREA 36 4051 12 4153 Sq.Ft. 37 4029 13 4372 LOT AREA 38 4373 14 4465 SaE 1 10739 39 4310 15 3981 2 11984 40 42466 1 2210 3 17725 41 4216 2 1473 4 14300 42 5148 BLOCK 4 3 1473 5 12028 43 4887 4 1473 6 11828 44 4255 LOT AREA 5 1473 7 13470 45 3794 Sa - 6 2210 8 13025 46 61703 9 12194 47 3747 1 2210 10 11601 48 3998 2 1813 11 11003 49 4015 3 1813 12 9912 50 4588 4 2210 )qq"? WALNUT GROVE BUNGALOWS Rottlund Homes is proposing to replace the Cottages with a new concept called "The Bungalows." The Bungalows would also be primarily a one level detached townhouse. They are still targeted toward the same market of empty nesters and retirees with about the same sq. ft. and price range. There is approximately 1350 - 1600 sq. ft. on the main level with potential expansion with story & 1/2, and walk -out opportunities to bring finished sq. footage up to 2500. The price range would be approximately $140 - $200,000. The key differences are the shape of the unit, its architectural style, its orientation to the street and the position of garage. The goal is to create a more traditional feeling to the detached townhouse site area, in architectural and streetscape. The Bungalows are 36' wide instead of 32' and approximately 58' deep instead of 72'; more square than a long, narrow rectangle. The lot size would be approximately 50' x 100' instead of 47' x 110'. The garage is inset into the house. This is to project the front entry and front porch more toward the street than the garage. The architecture style is that of pre war Midwest and New England which promote front porches and stoops, stone & brick columns, and 8 1/2 roof pitch. The Bungalow fits square to the street instead of the 30 degree angle of the Cottages. This allows more detail and development of the front yard and the front porch instead of the side yard. The architecture is a more traditional "Bungalow" style to also promote the front entry stoop or porch. Elevations are still being developed but the concept is to have 3 to 4 floor plans with a minimum of two elevations each, and to offer side load opportunities whenever possible to create as much variety as possible. The streetscape will appear more like a small single family lots than narrow lot detached townhomes. There will also be an opportunity to mix up the garages to alternate two adjacent garages and adjacent front yards with garages adjacent to front yards to also create more variety in the streetscape. There is proposed four exterior color palettes to include siding, trim, stone or brick, roofing and accent colors for the front doors and shutters. As with the exterior elevations, no two color palettes will be adjacent to each other. VILLAS AND VILLA TOWNHOMES Villas Rottlund Homes is introducing some new unit and building types for both the 2 story Villas and Villa Townhomes. The Villa 12-unit clusters will still have end units with 2-car garages and single car garages interior units, but the 8-unit cluster will have all its units with 2-car garages and totally redesign floor plans and exteriors. In early concept design the 8-unit building end units will have entry's on the end of the building and side load garages to create more variety in elevations and with front entry's on all four sides of the building. The exterior of the 8-unit building is to be more traditional with covered front stoops, shutters and picket fences. By introducing new floor plans and a new building type into the Villas will assist in creating more variety and a new look. How the final elevations of the two building types vary in design is still developing. Villa Townhomes We are also introducing a different building type into the Villa Townhomes. The 6-unit "row type" townhomes has 2-car garage end units, and 1-car garage interior units. The 4-unit buildings that had the same condition now have all 2-car garages. This will create a different look between the 4 and 6- unit buildings. Along with the slab on grade and the walk -out opportunities there will be more variety among these eight buildings. The Villa Townhouse that overlook the central open space will have the opportunity for covered patio doors, porches and picket fences to create more of a front door/front porch feel along the open space. VILLAS AND VILLA TOWNHOMES cont Villa & Villa Townhomes In general with the introduction of the new floor plans, building types, and exterior elevations there is considerably more variety in the Villa and Villa Townhomes portion of the development then originally proposed. The exterior colors in the Villas and Villa Townhomes can be up to four color palettes to include siding, trim, stone or brick, roofing. How this will ultimately be distributed through out the site has yet to be determined. Two possibilities are to assign one color palette to each cluster of 4 or 5 buildings of various building types, the other is to assign one palette to each of the 4 building types (i.e. 8 unit Villa, 12 unit Villa, 4 unit Villa Townhome and 6 unit Villa Townhome.) We recommend working with the city on the determining colors for each building and final elevations. It is also intended that all of the 96 Villa units be priced at or below the Livable Communities Act affordable housing threshold. CITY OF CHANHASSEN STAFF REPORT PC DATE: Oct. 21, 2003 CC DATE: Nov. 10, 2003 REVIEW DEADLINE: 11/10/03 CASE #: 03-16 Sub., 03-6 CUP, 03-4 Rez BY: Robert Generous, et al. PROPOSAL: Request for rezoning from Agricultural Estate District, A2, to Mixed Low Density Residential District, R4; preliminary plat approval creating five lots consisting of one single-family home and four twin home units with a variance for the use of a private street; and conditional use permit approval for development within the Bluff Creek Overlay District. LOCATION: 7305 Galpin Blvd. APPLICANT: Klingelhutz Development 350 East Highway 212 Chaska, MN 55318 (952) 448-3330 PRESENT ZONING: Agricultural Estate District, A2, and Bluff Creek Overlay District, BCO 2020 LAND USE PLAN: Residential — Low Density (net density 1.2 — 4.0 units per acre) ACREAGE: 3.09 DENSITY: 1.62 gross, 2.88 net SUMMARY OF REQUEST: Rezoning of the property to R4 to permit a single-family home and two twin homes; subdivision approval creating five lots and one outlot containing Bluff Creek and the majority of the Bluff Creek primary zone with a variance for the use of a private street for access; and a conditional use permit for development within the Bluff Creek Overlay District. LEVEL OF CITY DISCRETION IN DECISION -MAKING: The City has a relatively high level of discretion in approving rezonings, PUD's, and amendments to PUD's because the City is acting in its legislative or policy making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. October 2, 2003 Page 2 The developer is proposing an infill development creating two new two-family buildings. The existing house will remain on one lot within the development. The surrounding property was developed as part of the Walnut Grove development. This project proposes extending the private street to serve four additional dwelling units in 2 two-family homes (which was contemplated as part of the Walnut Grove development), which was required to record an access easement for this property. Sewer and water is available through the Walnut Grove project. The site is heavily wooded in the southern one-third of the site, adjacent to Bluff Creek. The property slopes from a high point in the northeast comer at elevation 984 down to the creek at an elevation of 944 The developer is preserving the southern portion of the property as part of Outlot A. APPLICABLE REGULATIONS Chapter 18, Subdivisions Sections 20-41 through 20-45, Amendments Sections 20-221 through 20-237, Conditional Use Permits Sections 20-631 through 20-637, R4 district regulations Sections 20-1551 through 20-1564, Bluff Creek Overlay District PROPOSALISUMMARY The applicant is rezoning the property to Mixed Low Density Residential District, R4, which permits single-family lots of 15,000 square feet and twin home lots of 10,000 square feet per unit. In conjunction with the rezoning, the applicant is subdividing the property to create a single-family home lot around the existing house and four twin home lots. Access to the existing home is proposed to remain off Galpin Boulevard. Access to the twin homes will be via a private street which will connect to Baneberry Way, which is also a private street. A conditional use permit is required for all development within the Bluff Creek Overlay district. The subdivision of the property is straightforward with the creation of five lots for development and one outlot, which will remain natural in appearance and preserved as open space. The applicant has included the majority of the Bluff Creek Primary Zone in Outlot A. Conservation easements shall be placed over all areas within the Bluff Creek primary zone. This will allow the City to restore and/or manage the natural resources in these areas. The developer may dedicate Outlot A to the city. The proposed development complies with all zoning requirements and is consistent with the comprehensive plan. Staff is recommending approval of the rezoning, subdivision, and conditional use permit. BACKGROUND The house was built in 1908. Development of Walnut Grove, the project to the east, began in 1997. An access easement, permitting the property to use Baneberry Way West, was recorded as part of the plat for Walnut Grove. October 2, 2003 Page 3 LANDSCAPING/TREE PRESERVATION Tree canopy coverage and preservation calculations have been submitted for Walnut Grove 2nd Addition. They are as follows: Total upland area (excluding wetlands) 132,200 SF or 3.03 ac. Baseline canopy coverage 36% or 47,485 SF Minimum canopy coverage allowed 30% or 39,660 SF Proposed tree preservation 34% or 44,533 SF Developer does meet minimum canopy coverage requirements. Bufferyard plantings are required along Galpin Boulevard for Lots 2-4. Total plantings required are: 1 overstory 2 understory 4 shrubs PARKS AND OPEN SPACE Walnut Grove Second Addition will have four lots that are subject to a park dedication fee and one lot (the existing home), which is exempt from park dedication. Prior to recording the final plat, the development is subject to the payment of $9,600 in park dedication fees ($2,400 per unit) based on 2003 park fees. WETLANDS One wetland basin exists on -site. The wetland is an ag/urban wetland that is a part of the Bluff Creek corridor. It is dominated by reed canary grass. No wetland impact is proposed. A wetland buffer of 0 to 20 feet in width (with a minimum average of 10 feet) must be maintained around the wetland. In order to accommodate the proposed building location on Lot 4, the wetland buffer should be 0 along the east side of the wetland and should be 20 ft. on the north and west sides. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. The grading and erosion control plan should show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland buffer or, if no buffer is to be preserved, from the delineated wetland edge. BLUFF CREEK OVERLAY DISTRICT The Bluff Creek Overlay District was adopted in December 1998 as a tool for the preservation of Bluff Creek and the natural resources within its corridor. Bluff Creek flows through the southern portion of this property. The property also contains a forested riparian corridor and an ag/urban wetland. The primary zone encompasses the forested area, the wetland,and the wetland buffer. The secondary zone October 2, 2003 Page 4 encompasses the primary zone and the fast 20 feet of the setback. A conservation easement should be dedicated over the primary zone. All structures must maintain at least a 40 foot setback from the primary zone. No disturbance of the site may occur within the first 20 feet of the setback. No alterations are proposed within the overlay district. Open space must comprise 100% of the primary zone. GRADING, DRAINAGE AND EROSION CONTROL The plans propose to grade about 25% of the site for the new house pads, a proposed private driveway, nd a storm water pond. The proposed lots are located in the east central portion of the site. The proposed grading will prepare the site for full basement house pads on Lots 2, 3, 4 and 5, Block 1. The existing site drainage flows south toward the existing creek. The plans propose to convey the northeasterly quadrant drainage to a proposed structure and carry the storm water via storm sewer to a proposed NURP pond. The remaining portion of the site will drain overland to the proposed storm water pond and/or the creek. Staff is recommending the creation of two swales between Lots 1 & 2 and Lots 3 & 4 to minimize neighborhood drainage impact on the houses. The applicant will be required to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements shall be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. Staff recommends that Type III silt fence be used along the south side adjacent to the secondary bluff creek line and Type D silt fence along the east and west sides of the grading area. In addition, tree preservation fencing must be installed at the limits of tree removal. A 75-foot minimum rock construction entrance must be added to the entrance that will be accessed during construction. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner. Storm Water Management The proposed development is required to maintain existing runoff rates. On -site storm water ponding must be sufficient to meet all City water quality and quantity standards. A manhole with a two -foot sump should be installed as the last road accessible structure prior to discharge into the storm water pond. Riprap and geotextile fabric should be installed at the flared end sections of the inlet and outlet of the storm water pond. Easements Drainage and utility easements should be provided over all existing wetlands, wetland buffer areas, and storm water infrastructure. A drainage and utility easement should be dedicated over the 10 feet either side of the property line between Lots 3 and 4 in order to accommodate access for future storm water infrastructure maintenance. A drainage and utility easement should also be dedicated over the area in October 2, 2003 Page 5 the southwestern portion of Lot 3 that is currently not encumbered by a drainage and utility easement since water discharged from the storm water pond will flow through this area as it moves toward the wetland. Erosion Control Type III silt fence should be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. All upland areas disturbed as a result of construction activities shall be immediately restored with seed and disc -mulched, covered with a wood -fiber blanket, or sodded within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. Surface Water Management Fees Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $949/acre. Based on the proposed developed area of approximately 2.24 acres, the water quality fees associated with this project are $2,126. Water Ouantity Fees The SWMP has established a connection charge for the different land uses based on an average citywide 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 have a connection charge of $2,348 per developable acre. This results in a water quantity fee of approximately $5,259 for the proposed development. SWMP Credits This project proposes the construction of a NURP pond. The applicant will be credited for water quality where NURP basins are provided to treat runoff from the site. This will be determined upon review of the ponding and storm sewer calculations. Credits may also be applied to the applicant's SWMP fees for oversizing in accordance with the SWMP or the provision of outlet structures. The applicant will not be assessed for areas that are dedicated outlots. No credit will be given for temporary pond areas. At this time, the estimated total SWMP fee, due and payable to the City at the time of final plat recording, is $7,385. Other Agencies The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley - Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. October 2, 2003 Page 6 UTILITIES Municipal sewer and water service is available to the site from Baneberry Way. The existing house on Lot 1 is already connected to municipal sewer and water. The applicant is proposing to extend sewer and water lines along the private driveway to service proposed Lots 2, 3, 4, and 5. The proposed sanitary manholes must be low enough to serve the basement of Lots 2, 3, 4 and 5, Block 1 and public utility lines must be 10-feet inside the property line. According to the City's Finance Department records, the parcel was previously assessed for one sanitary sewer and water hookup. Since the developer will be responsible for extending lateral sewer and water service to the lots, the sanitary sewer and water connection charges will be waived. However, the sanitary sewer and water hookup charges will still be applicable for each of the new lots. The 2003 trunk hookup charge is $1,440 for sanitary sewer and $1,876 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Upon completion of the utility improvements, the utilities will be turned over to the City for maintenance and ownership. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, Department of Health, MCES, and Watershed District. STREETS The applicant is proposing two accesses to the proposed lots. On the northwest comer of the parcel, an existing access off Galpin Lake Road will be utilized to serve the existing house on Lot 1. Another proposed new access off of Baneberry Way turning point will be servicing Lots 2, 3, 4, and 5 as a private driveway. As such, the driveway easement must be 30 feet wide with 20-feet of hard surface pavement and built to a 7-ton design. The developer must submit an inspection report certifying that the private street is built to a 7-ton design prior to certificate of occupancy. There is an existing turnaround at the end of Baneberry Way; Because of this, the Fire Marshal is not requiring an additional turnaround. Conservation easements shall be dedicated over all areas within the Bluff Creek primary zone. REZONING/COM PLAN (If required) The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive October 2, 2003 Page 7 Plan. The property is guided for Residential — Low Density uses. R4 is an appropriate zoning for the property. b) The proposed use is or will be compatible with the present and future land uses of the area. This development will develop at a lower density than the property to the east. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. Access to the existing house will be via the existing driveway on Galpin Boulevard. The additional dwellings will be accessed via Baneberry Way West, a private street. COMPLIANCE TABLE Area (square feet) Width (feet) Depth (feet) Setbacks: front, rear, side, Bluff Creek primary zone, wetland Code —single-family 15,000 80 125 30, 30, 10, 40, 40 Code —two-family 10,000 50 125 30, 30,10, 40, 40 Lot 1 25,985 104 250 30, 30,10, na, na Lot 2 12,495 50 250 30, 30,10, na, 40 Lot 3 12,495 50 250 30, 30,10, 40, 40 Lot 4 11,714 50 176 30, na, 10, 40, 40 Lot 5 12,873 125 129 30, na, na, 40, na Outlot 37,196 ROW 21,842 Total 134,600 PRIVATE STREET FINDINGS In order to permit private streets, the city must find that the following conditions exist: 1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. The site is being accessed via an existing private street through the Walnut Grove development for which an access easement was recorded as part of the Walnut Grove development. The location of the Bluff Creek Primary zone and the small wetland on site make it unfeasible to construct a public street. October 2, 2003 Page 8 2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. No additional access will be permitted to Galpin Boulevard. 3) The use of the private street will permit enhanced protection of the city's natural resources including wetlands and forested areas located in the Bluff Creek primary zone. VARIANCE FINDINGS WITHIN SUBDIVISONS The city may grant a variance from the regulations of the subdivision ordinance as part of the plat approval process following a finding that all of the following conditions exist: 1) The hardship is not a mere inconvenience. Finding: The hardship is not a mere inconvenience. The proposed private street preserves significant site features and connects to an existing private street. 2) The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. Finding: The hardship is caused by the particular physical surroundings, shape and topographical conditions of the land, the Bluff Creek primary zone. 3) The conditions upon which the request is based are unique and not generally applicable to other property. Finding: The conditions upon which the request is based are unique and not generally applicable to other properties due to the unique site features. 4) The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Finding: The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance, and comprehensive plan. SUBD"ION FINDINGS 1) The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the R4, Mixed Low Density Residential District. October 2, 2003 Page 9 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 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 excessive environmental damage subject to conditions of approval. 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. 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. CONDITIONAL USE PERMrr FINDINGS When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: 1) Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. October 2, 2003 Page 10 Finding: The proposed development, within the BCO, will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 2) Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The proposed development is consistent with the comprehensive plan. 3) Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The proposed development of low density housing is compatible with the BCO and surrounding development. 4) Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: The proposed development will not be hazardous or disturbing to the existing neighboring uses. The proposed development will preserve the BCO primary zone in its entirety. 5) Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The proposed development will be served by adequate public infrastructure. 6) Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The proposed intensity of development was anticipated as part of the city's comprehensive plan and will not create excessive requirements for public facilities and services. 7) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: The proposed development will not be detrimental to persons or property or the general welfare of the area. 8) Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The proposed development will be served via a private street. October 2, 2003 Page 11 9) Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed development will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. 10) Will be aesthetically compatible with the area. Finding: The proposed development will be aesthetically compatible with the area. 11) Will not depreciate surrounding property values. Finding: The proposed development will not depreciate surrounding property values. 12) Will meet standards prescribed for certain uses as provided in this article. Finding: The proposed development will meet standards for the R4 and BCO districts. RECOMMENDATION Staff recommends that the Planning Commission adopt the following three motions (rezoning, subdivision and conditional use permit): A. "Ibe Chanhassen Planning Commission recommends approval of the rezoning of the property from Agricultural Estate District, A2, to Mixed Low Density Residential District, R4." B. "The Chanhassen Planning Commission recommends approval of the preliminary plat for Walnut Grove Second Addition, plans prepared by Otto Associates, dated 8/18/03, subject to the following conditions: 1) At the time of final plat recording, the developer shall pay full park dedication fees for the four lots that are subject to a park dedication fees. 2) Conservation easements shall be dedicated over all areas within the Bluff Creek primary zone. 3) Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall protect trees on proposed lots as well as trees in neighboring properties located next to the grading limits. 4) Any trees lost due to construction that are not shown as such on plans shall be replaced at a rate of 2:1 diameter inches. 5) Applicant shall submit landscape plans for foundation plantings for units. A minimum of one overstory tree will be required in the front yard of each lot. October 2, 2003 Page 12 6) Bufferyard plantings are required along Galpin Boulevard. Planting requirements are: 1 overstory tree, 2 understory trees, and 4 shrubs. 7) Any portion of a building within three feet of a property line must be of one -hour fire -resistive construction and location of openings may be restricted. Consideration must be given to the placement of property lines prior to platting the property. 8) A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. 9) Meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 10) A wetland buffer of 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around the wetland. In order to accommodate the proposed building location on Lot 4, the wetland buffer shall be zero (0) feet along the east side of the wetland and shall be twenty (20) feet on the north and west sides. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 11) The grading and erosion control plan shall show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland buffer or, if no buffer is to be preserved, from the delineated wetland edge. 12) A conservation easement shall be dedicated over the Bluff Creek primary zone. All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone. 13) The proposed development shall maintain existing runoff rates. On -site storm water ponding shall be sufficient to meet all City water quality and quantity standards. 14) A manhole with a two -foot sump shall be installed as the last road accessible structure prior to discharge into the storm water pond. 15) Riprap and geotextile fabric shall be installed at the flared end sections of the inlet and outlet of the storm water pond. 16) A drainage and utility easement must be dedicated over the 10 feet either side of the property line between Lots 3 and 4 in order to accommodate access for future storm water infrastructure maintenance. A drainage and utility easement must be dedicated over the area in the southwestern portion of Lot 3 that is currently not encumbered by a drainage and utility easement since water discharged from the storm water pond will flow through this area as it moves toward the wetland. October 2, 2003 Page 13 17) Type III silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. 18) All upland areas disturbed as a result of construction activities shall be immediately restored with seed and disc -mulched, covered with a wood -fiber blanket or sodded within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 19) Based on the proposed developed area of approximately 2.24 acres, the estimated total SWMP fee, due and payable to the City at the time of final plat recording, is $7,385. 20) The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley - Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. 21) Show the existing street name `Baneberry Way." 22) Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 23) Sanitary sewer and water hookup charges are applicable for each of the new lots. The 2003 trunk hookup charge is $1,440 for sanitary sewer and $1,876 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. 24) The applicant will be required to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements shall be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. 25) Use Type III silt fence along the secondary bluff creek overlay zone line on the south side and use Type II silt fence along the west and east sides of the grading area. In addition, tree preservation fencing must be installed at the limits of tree removal. A 75-ft. minimum rock construction entrance should be added to the entrance that will be accessed during construction. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner. 26) Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 27) The applicant shall enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. October 2, 2003 Page 14 28) Submit detailed construction plans and specifications for the public utility improvements before final platting. 29) Construct public utility improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates. 30) Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 31) Seed and mulch or sod the site within two weeks of grading. Submit haul route for City approval prior to any hauling. 32) On the grading plan: a) Add a storm sewer schedule. b) Add silt fence Type III along the secondary bluff creek zone line on the south side and silt fence Type II along the west and east sides of the grading area. c) Show a minimum 75-foot rock construction entrance. d) Show all existing and proposed easements. e) Add a bench mark. f) Show the storm sewer manholes rim and invert elevations. 33) On the utility plan: a) Show proposed utility lines 10-feet inside property line. b) Add a note, "Connection to existing manhole must be core drilled." c) Show sanitary manhole rim and invert elevations. d) Show minimum 10-ft. horizontal separation between sanitary and watermain lines. e) Show all existing and proposed utility easements. f) Show proposed house lower level elevations. g) Show sanitary sewer and watermain pipe class and slope. h) Show a temporary utility easement to work outside property limit. i) Show the location of proposed and existing water and sanitary services. j) Show the proposed sanitary and watermain in profile view within the construction area. k) All public watermain will be PVC, C-900 pipe 1) All public sanitary sewer pipe type will be PVC, SDR35. 34) On the street and storm plan: a) Last storm manhole discharging to the pond must include a 2-foot sump. b) Show the proposed and existing street easements. 35) Add a legend to the plans. 36) Add the latest version of City of Chanhassen detail plates# 1002, 1004, 1005, 1006, 2001, 2101, 2109A, 3101, 3102, 3104, 3107, 3108, 3109, 5200, 5203, 5207, 5300, 5301 and 5302. October 2, 2003 Page 15 37) The driveway easement must be 30 feet wide with 20-feet of hard surface pavement and built to a 7-ton design. The developer will be required to provide inspection reports verifying the private street construction complies with this requirement. 38) Structure setbacks shall comply with the following table: Setbacks: front, rear, side, Bluff Creek primary zone, wetland Lot 1 30, 30, 10, na, na Lot 2 30, 30,10, na, 40 Lot 3 30, 30, 10, 40, 40 Lot 4 30, na, 10, 40,40 Lot 5 30, na, na, 40, na 39) The current cul-de-sac issue must be addressed. The developer shall contact the Chanhassen City Engineer and Chanhassen Fire Marshal for options in making a permanent turnaround." C. "The Chanhassen Planning Commission recommends approval of the Conditional Use Permit #2003-6 for development within the Bluff Creek Overlay District subject to the following conditions: 1) All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone. 2) The site shall develop substantially in compliance with Subdivision 03-16, Walnut Grove 2od Addition." ATTACHMENTS: 1) Findings of Fact and Recommendation 2) Development Review Application 3) Reduced Copy of Preliminary Plat 4) Letter from Carver Soil & Water Conservation District to Robert Generous dated 9/23/04 5) Notice of Public Hearing and Notified Property Owners List. October 2, 2003 Page 16 C1TY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMN ENDATION Application of Klingelhutz Development for Rezoning, Subdivision and Conditional Use Permit approval. On October 21, 2003, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Klingelhutz Development for rezoning from Agricultural Estate District, A2, to Mixed Low Density Residential District, R4; preliminary plat approval creating five lots consisting of one single-family home and four two-family home units, with a variance for the use of a private street and a conditional use permit for development within the Bluff Creek Overlay District. The Planning Commission conducted a public hearing on the proposed development preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District and is located within the Bluff Creek Overlay District. 2. The property is guided in the Land Use Plan for Residential — Low Density use. 3. The legal description of the property is: see Exhibit A 4. The proposed subdivision is consistent with the zoning ordinance. The rezoning of the property to R4 is consistent with the land use designation of the property for Residential — Low Density use. The proposed development complies with the Bluff Creek Overlay standards. 5. The proposed development is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan. 6. 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. 7. The proposed development makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the city. 8. The proposed development will not cause significant environmental damage. October 2, 2003 Page 17 9. The proposed subdivision will not conflict with easements of record. 10. 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. It. The planning report # 03-16 Subdivision, 03-6 CUP, 03-4 Rezoning dated October 21, 2003, prepared by Robert Generous, et at, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Rezoning, Preliminary Plat and Conditional Use Permit. ADOPTED by the Chanhassen Planning Commission this 21st day of October, 2003. lV ATTEST: Secretary CHANHASSEN PLANNING COMIv1ISSION Its Chairman EXHIBIT A Legal Description Parcel 1: That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet, thence North 88 degrees 03 minutes 20 seconds East, c distance of 1190.41 feet to a point on a 3452.34 foot radius curve, the center of circle of said curve bearing North 79 degrees 30 minutes 09 seconds West from sold point; thence Southwesterly along said curve, a distance of 469.80 feet, central angle 07 degrees 47 minutes 49 seconds; thence South 18 degrees 17 minutes 40 seconds West along tangent, a distance of 64.00 feet to the actual point of beginning of the tract to be described; thence continuing South 18 degrees 17 minutes 40 seconds West, a distance of 282.12 feet; thence South 65 degrees 12 minutes 03 seconds East, a distance of 33.12 feet to a point that is hereafter referred to as Point A. Point A is described as beginning at the point of intersection of the Northerly right—of—way line of Minnesota Trunk Highway No. 5 and a line 3300 feet Southeasterly of, measured at right angles to and parallel with the centerline of Carver County Road No. 117,• thence on an assumed bearing of North 18 degrees 17 minutes 40 seconds East and parallel with the centerline of said Carver County Road No. 117, a distance of 725.00 feet to said Point A. Thence from said Point A, South 65 degrees 12 minutes 03 Southeast East, a distance of 268.73 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 316.33 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 300.00 feet to the point of beginning. Legal Description Parcel 2: That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 10; thence on on assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 119a41 feet; thence Southerly a distance of 383.79 feet along a curve not tangential with the last described line, said curve is concave to the West, has a radius 3452.34 feet and a central angle of 6 degrees 22 minutes 10 seconds and the chord of said curve bears South 13 degrees 40 minutes 55 second West to the point of beginning of the tract to be described,• thence continuing Southerly, a distance of 86.01 feet along said curve concave to the West, having a radius of 3452.34 feet, a central angle of 01 degree 25 minutes 39 seconds; thence South 18 degrees 17 minutes 40 seconds West, tangent to said curve, a distance of 64.00 feet; thence South 71 degrees 42 minutes 20 seconds East, a distance of 300.00 feet, thence North 18 degrees 17 minutes 40 seconds East, a distance of 150.00 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 301.07 feet to the point of beginning. :- CITY OF CHANHASSEN RECc �p p 7700 MARKET BOULEVARD SEP i 2QQ3 �4'1$1p1 jOpi� CHANHASSEN, MN 55317 b➢BIIIIB00� (952) 227-1100 AUNHASSEN PLANNING DEPT DEVELOPMENT REVIEW APPLICATION APPLICANT:_ ADDRESS: 3 Sa E i�wv� jk I �— ON A-S K A m 5�5 1 u TELEPHONE (Daytime) 95a'yyg- 333C OWNER: K (I ADDRESS: 3sc, E wt t .9 ! ;L ChiT r�N ss3i� TELEPHONE: q5 3— L 4/ f- 3 3 3 d Comprehensive Plan Amendment Temporary Sales Permit X Conditional Use Permit i 4P Vacation of ROW/Easements Interim Use Permit Variance Non -conforming Use Permit Wetland Alteration Permit Planned Unit Development' _ Zoning Appeal Rezoning 7 co . ' _ Zoning Ordinance Amendment Sign Permits Sign Plan Review Notification Sign �cs Ja Site Plan Review' X Escrow for Filing Fees/Attomey Cost` ($50 CUP/SPRNACNAR/WAP/Metes and Bounds, $400 Minor SUB) X Subdivision' �� �� J L. J' .a l 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 S'/:" 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. PROJECT NAME LOCATION 1 3d S C-��OtA- t`R t LEGAL DESCRIPTION {� \ 'D TOTAL ACREAGE WETLANDS PRESENT _YES NO PRESENT ZONING A 2. REQUESTED 1 ZONING 1 t PRESENT LAND USE DESIGNATION RES l REQUESTED LAND USE REASON FOR THIS REQUEST tiD IAe✓}ta,( Lb� Ozr"S(-) 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 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 app)icaant. q A b At).- ` fAppy nt D e ��i 9 0 Uy�'�f Fe ner /Q ate Application Received on 9/f&/c3 Fee Paid *197s Receipt No. D14 4#301 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. Tom Heiland From: Kara Knutson [kara@ottoassociates.com] Sent: Tuesday, September 09, 2003 9:38 AM To: Tom Heiland Subject: Legal Description for Walnut Grove second Legal Description - Parcel 1 That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the west Quarter corner of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet to a point on a 3452.34 foot radius curve, the center of circle of said curve bearing North 79 degrees 30 minutes 09 seconds West from said point; thence Southwesterly along said curve, a distance of 469.80 feet, central angle 07 degrees 47 minutes 49 seconds; thence South 18 degrees 17 minutes 40 seconds West along tangent, a distance of 64.00 feet to the actual point of beginning of the tract to be described; thence continuing South 18 degrees 17 minutes 40 seconds West, a distance of 282.12 feet; thence South 65 degrees 12 minutes 03 seconds East, a distance of 33.12 feet to a point that is hereafter referred to as Point A. Point A is described as beginning at the point of intersection of the Northerly right-of- way line of Minnesota Trunk Highway No. 5 and a line 33.00 feet Southeasterly of, measured at right angles to and parallel with the centerline of Carver County Road No. 117; thence on an assumed bearing of North 18 degrees 17 minutes 40 seconds East and parallel with the centerline of said Carver County Road No. 117, a distance of 725.00 feet to said Point A. Thence from said Point A, South 65 degrees 12 minutes 03 Southeast East, a distance of 268.73 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 316.33 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 300.00 feet to the point of beginning. Legal Description - Parcel 2: That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the west line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet; thence Southerly a distance of 383.79 feet along a curve not tangential with the last described line, said curve is concave to the West, has a radius 3452.34 feet and a central angle of 6 degrees 22 minutes 10 seconds and the chord of said curve bears South 13 degrees 40 minutes 55 second West to the point of beginning of the tract to be described; thence continuing Southerly, a distance of 86.01 feet along said curve concave to the West, having a radius of 3452.34 feet, a central angle of 01 degree 25 minutes 39 seconds; thence South 18 degrees 17 minutes 40 seconds West, tangent to said curve, a distance of 64.00 feet; thence South 71 degrees 42 minutes 20 seconds East, a distance of 300.00 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 150.00 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 301.07 feet to the point of beginning. Sincerely, Kara Knutson Otto Associates, Engineers and Land Surveyors, Inc 9 West Division Street Buffalo, MN 55313 763-682-4727 kara@ottoassociates.com 1 LD M /_IJFMp•M MbNAIIb K bMIIK .rIY Y_ I$ ` � �, \\ \�..J /�(• Y4N�DYRq_M Ly.�lyr N. irl4N Ml»N WI YIW qN�__�M � / v'1VV'� r rNMiWYI MnIM 1R4 .Lry MM. NfuNNlY_YMUWw�ww lM •Yy Y_•IAr /$ ) N �rNM Y.•_.rW_rr"agr N.. »Nw»"�m iC % /' `\ \\ / � psi ID4(R.�i,. r��w. WtlW_r. w.weJrrwYMw.•YI_.YMYM �"Wl.o �' wr.u.•.g.Nr N.an4Ms �• � \ Lrws rn.ggs Yw•n_M /� mww. r'lr•Y YW NYttl M s,vl � 41� N •�M�� MN1 Ms / \ \• �'' .YwM �N IIy�r)nMiW wWwi YN lry lwywt•Yro NYm �. �� I NI wM'MIJM/VIJWIM bY�YN N•_I�W» / �r ti�n,•wr wM_r rt. NNwnrsLKM M_ , �\ "�^ Y^� r�N.Wr �r rM.tlrJssreM».Mn I � \\� M.1N.IyM/J Y/wIJNY�Y,r MAYY•ry I J y, IIC 14 I. 114RD rWl-J-gAJIMY111tl WngW ONM •b•DmM � ,J �� I � 4YIQ�tNAS41A r.I.A —A. ..'A ..'A YW��A�D I•"'eit Yn WN 11N y�YnMW art• �•\ n.✓.t ` � �wDom M»MrYl r•MnW � � -Fr' \ \ ��. m 'F Rcto"w»"" �I� _ 5` SNb IwWK N_Y_�J a.sK»wN. IK NNY iIW / j \ I• �JNriX4aY`aMNMIYYMNw•__� IYIy Nf»NY _N_Y M•Ww�,b (M ✓.y l»YYI Ynr • _ oo's �[ a -------- ------ MUWtlM.✓. bt•i'ws gllgM Wt NNs f»N/b•YI_" I J .WY M� •a•nM MAW•YW M.etMM •Y Mw - �� \J\ �_ M MwI_q�NM �J_Ywr••fuN NON_ , �I � \\v �tlMwrbMAwI J.M.N.wW e.»wwrr , 'O / _ �rWM YMN . Mrm rYm M M.Y W M».�w » 1• » M Mt MgWy JJYLI•M•�M _/.JN NI_Y M»Y / WW • \ / IL S�M•»•� �Y___» gyMl)iN»•»q�»YJ WI.,Iw_Y /`\ _ J � tM •YM_rtUm Mt YM_/YNKM.. IIY�•Ww�N a M Yt • M»_ J IYm Mt •� /YN N tiM Y.MUW M MwN 1V.4 rax WALNUT GROVE SECOND ADDITION PRELIMINARY PLAT 2-02-0565 40w KLINGELHIJ Z DEVELOPMENT CHANHASSEN, MN ISHEEF NO, t OF 5 SHaeneroa CARVER SOII �} A��I �4. pg Cap` A 1946 cO%ty op 219 East Frontage Road Waconia, NW 55387 Phone:952-442-5101 Fax:952-442-5497 httn,//w carver mISWCD/5wCn maimlitmi Alissiaa State t To provide leadership in conservation and teach stewardship of the soil, waterand related resources through a halanced. cooperator program that protects. restores, and unprows�those reresources. September 23, 2003 RECE3 V ED Robert Generous, Senior Planner SEP 2 4 2003 City of Chanhassen CITY OF CHANHASSEN 7700 Market Boulevard Chanhassen, MN 55317 Re: Proposed Walnut Grove Second Addition Development Mr. Generous: Thank you for sending a copy of the 2003-16 Site Plan, Walnut Grove Second Addition development to the SWCD office. Please review the following storm water, erosion, and sediment control comments and recommendations. Storm Water Beginning March 10, 2003 all developments disturbing 1-acre or more or part of a contiguous development which will disturb more than 1-acre require a National Pollutant Discharge Elimination System (NPDES) permit from the Pollution Control Agency (PCA). The owner / operator of the proposed development must apply for and receive the NPDES permit prior to beginning construction activities. Any development disturbing more than 1-acre and creating more than 1-acre of impervious surface must also have permanent storm water treatment It appears this is being done as the Walnut Grove preliminary plan shows the storm water runoff being managed by a proposed storm water basin. High water levels / elevations of the pond and wetland and the elevations of the lowest level of the proposed walkouts should be double checked. It appears the elevations of the dwellings may be too low. Erosion Control Riprap and geotextile fabric needs to be installed at the flared end sections of the inlet and outlet of the storm water basin. Sediment Control The proposed silt fence should be extended 40 feet to the east and 20 feet to the west; the ends of the silt fence should be angled up -slope in a crescent or `smile' formation. A light duty silt fence should be installed between the duplexes and the storm water pond following the outlet installation and during home construction. Inlet control is needed following installation of inlet structures. Inlet control methods will be varied before and after pavement of the street. Before pavement, inlet protection could consist of heavy-duty mono -mono silt fence with 4 foot spacing of metal T-posts and 1" rock around silt fence material. After pavement mulch socks, sand bags or rock and wire could be used as temporary inlet control. If there are any questions regarding this review please contact the SWCD office. Sin y, Aaron Mlyne CPESCIT Urban Conservation Technician AN EQUAL OPPORTMM EMPLOYER NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, OCTOBER 21, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS rtl1I1lIT, I_\0C =1 a :1 WTI PROPOSAL: Rezoning, Subdivision, and APPLICANT: Klingelhutz Development Conditional Use Permit for a Single Family Home and LOCATION: 7305 Galpin Blvd. Twin Home Units NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Klingelhutz Development, is requesting rezoning of 3.09 acres from A2, Agricultural Estate District to R4, Mixed Low Density Residential; subdivision approval creating five lots consisting of one single family home and four twin home units with a variance request; and a conditional use permit for development within the Bluff Creek Corridor, located at 7305 Galpin Blvd., Walnut Grove Second Addition. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. 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 227 1131 or email bgenerous@ci.chanhassen.mn.us. 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 October 9, 2003. 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55317 ROBERT R & SALLY J SHULTZ 380 MARGARET CIR WAYZATA MN 55391 CHARLES E & JEANNE S BEHRING 2162 BANEBERRY WAY W CHANHASSEN MN 55317 HANG CHAN & CHEUKWAI CHONG 2201 BANEBERRY WAY W CHANHASSEN MN 55317 SHAWNA M GRIEP 2197 BANEBERRY WAY W CHANHASSEN MN 55317 NATHAN R JOHNSON & BRANDILYN E BAWEK 2193 BANEBERRY WAY W CHANHASSEN MN 55317 DORIS FRENCH 2189 BANEBERRY WAY W CHANHASSEN MN 55317 JANET I MARUSKA 2175 BANEBERRY WAY W CHANHASSEN MN 55317 JENNY VAN AALSBURG 2171 BANEBERRY WAY W CHANHASSEN MN 55317 ERIK J FRITZ & JINA I KUESEL 2167 BANEBERRY WAY W CHANHASSEN MN 55317 GERALD O & DARLENE A SODERLIND WALNUT GROVE HOMEOWNERS ASSN CITY OF CHANHASSEN TRUSTEES OF TRUST C/O GITTLEMAN MGMT CORP C/O BRUCE DEJONG 7656 PRAIRIE FLOWER BLVD 1801 E 79TH ST SUITE 21 7700 MARKET BLVD PO BOX 147 CHANHASSEN MN 55317 BLOOMINGTON MN 55425 CHANHASSEN MN 55317 EARLON L MILBRATH & LIEU NGUYEN & LOUIS C ABELA CAROL ANN D MILBRATH VO THI CHIN 2163 BANEBERRY WAY W 7662 PRAIRIE FLOWER BLVD 2158 BANEBERRY WAY W CHANHASSEN MN 55317 CHANHASSEN MN 55317 CHANHASSEN MN 55317 SUSAN M ERICKSON WILLIAM A & BARBARA E BROWN CITY OF CHANHASSEN 2198 BANEBERRY WAY W 7676 PRAIRIE FLOWER BLVD C/O BRUCE DEJONG CHANHASSEN MN 55317 CHANHASSEN MN 55317 7700 MARK O BOX147 CHA EN MN 55317 �� AVE We Address Labels Laser 51600 Smooth Feed SheetsTM Use template for 51600 NARY LOUISE REITMEIER 2159 BANEBERRY WAY W 3HANHASSEN MN 55317 BRADLEY J & JANETTE M WING 2155 BANEBERRY WAY W CHANHASSEN MN 55317 KATHLEEN W HOMES 2145 BANEBERRY WAY W CHANHASSEN MN 55317 ANNETTE M CIESZKOWSKI 2141 BANEBERRY WAY W CHANHASSEN MN 55317 JUNE M CASEY 2137 BANEBERRY WAY W CHANHASSEN MN 55317 JULIE D WAND 2133 BANEBERRY WAY W CHANHASSEN MN 55317 CONVENIENCE STORE INVESTMENTS PO BOX 2107 LACROSSE WI 54602 CITY OF CHANHASSEN C/O BRUCE NG 7700 MAYXET BLVDPO BOX 147 CHA ASSEN MN 55317 CHANHASSEN DEVELOPMENT LLC 1434 SALEM LN SW ROCHESTER MN 55902 n0 AVERYO Address Labels Laser 51601D MEMORANDUM TO: Bob Generous, Senior Planner Cp�1 p p l l l Of 0.0� FROM: Mak Sweidan, Engineer C� CgANgASSEN DATE: Nov. 3, 2003 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 SUBJ: Council Update on Preliminary Plat Review for Walnut Grove 2"a Addition, Land Use Review File No. 03-11 Administrates Phone: 952.227.1100 Fax:952.227.1110 At the Oct. 21, 2003 Planning Commission (PC) meeting, there were two main Building Inspections issues raised by the Commissioners and the public: Phone952.227.1180 : Fax: 952.227,1190 Temporary cul-de-sac Engineering11 Phone: 952.227.1160 Fax:952.227.1170 The planning commission and the residents on Bareberry Way West have requested to relocate the existing temporary cul-de-sac at the end of Bareberry Finance Way West further toward the west within the new subdivision. The applicant has Phone: 952.227.1140 Fax:952.227.1110 accepted the idea to revise the plans and now proposes a hammer -head turn around. At this stage, the Engineering Department and the Fire Marshal are fine Park & Recreation with the proposed turn around. Phone: 952.227,1120 Fax: 952.227.1110 Recreation Center 21 Construction access 2310 Coulter Boulevard Phone:952.227.14W The planning commission questioned whether the construction access can be from Fax:952.227.1404 the west side of the property off Galpin Lake Road (Carver County Rd. 117.) The Planning & engineering Department is fine with the access off Galpin Lake Road if Carver Natural Resources County will give approval. The applicant has to submit to the City a copy of the PFax:9522.2v.110 permit or approval letter from the County to utilize an access off Galpin Lake Fax: 952227.1110 Road. Public Works 1591 Park Road Phone: 952.227,1300 Fax: 952.227.1310 RECOMMENDED CONDITIONS OF APPROVAL Senior Center PFax:952227.1110 Faz:952.227.1110 1. Show the existing street name `Banebe Way". g �' )� Web She 2. Prior to final plat approval, a professional civil engineer registered in the State winvachanhassen.mn.us of Minnesota must sign all plans. 3. Sanitary sewer and water hookup charges are applicable for each of the new lots. The 2003 trunk hookup charge is $1,440 for sanitary sewer and $1,876 for water -main. Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance. 4. The applicant will be required to meet the existing site runoff rates for the 10- year and 100-year, 24-hour storm events. The proposed pond must be 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. Bob Generous October 31, 2003 Page 2 designed to National Urban Runoff Program (NURP) standards. The storm sewer must be designed for a I0-year, 24-hour storm event. Drainage and utility easements shall be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. 5. Use type III silt fence along the secondary bluff creek overlay zone line on the south side and use type II silt fence along the west and east sides of the grading area. In addition, tree preservation fencing must be installed at the limits of tree removal. A 75-feet minimum rock construction entrance should be added to the entrance that will be accessed during construction. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner. 6. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 7. The applicant shall enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 8. Submit detailed construction plans and specifications for the public utility improvements before final platting. 9. Construct public utility improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates. 10. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 11. Seed and mulch or sod the site within two weeks of grading. Submit haul route for City approval prior to any hauling. 12. On the grading plan: a. Add a storm sewer Schedule. b. Add silt fence type III along the secondary bluff creek zone line on the south side and silt fence type II along the west and east sides of the grading area. c. Show a minimum 75-foot rock construction entrance. d. Show all existing and proposed easements. e. Add a bench mark. f. Show the storm sewer manholes rim and invert elevations. 13. On the utility plan: a. Show proposed utility lines 10-feet inside property line. b. Add a note "connection to existing manhole must be core drilled." c. Show sanitary manhole rim and invert elevations. d. Show minimum 10-feet horizontal separation between sanitary and water -main lines. e. Show all existing and proposed utility easements. f. Show proposed house lower level elevations. g. Show sanitary sewer and water -main pipe class and slope. h. Show a temporary utility easement to work out side property limit. Bob Generous October 31, 2003 Page 3 i. Show the location of proposed and existing water and sanitary services. j. Show the proposed sanitary and water -main in profile view within the construction area. k. All public water -main will be PVC,C-900 pipe 1. All public sanitary sewer pipe type will be PVC, SDR35. 14. On the street and storm plan: a. Last storm manhole discharging to the pond must include a 2-foot SUMP. b. Show the proposed and existing street easements. 15. Add a legend to the plans. 16. Add the latest version of City of Chanhassen detail plates# 1002, 1004, 1005, 1006, 2001, 2101, 2109A, 3101, 3102, 3104, 3107, 3108, 3109, 5200, 5203, 5207, 5300, 5301 and 5302. 17. The drive way easement must be a 30 feet wide with 20-feet of hard surface pavement and built to a 7-ton design. 18 Submit an inspection report certifying that the private street is built to a 7- ton design prior to certificate of occupancy. 19 Remove the existing cul-di-sac bituminous in back of the curb and re -sod the area. c: Matt Saam, Acting Public Works Director/City Engineer gAeng\pmjecta\walnut gmv 2nd\counctl update preliminary plat m�iew.doc City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 (952)227-1100 Date: 9/12/2003 To: Development Plan Referral Agencies From: Planning Department By: Robert Generous, Senior Planner Subject: Request for rezoning of 3.09 acres from A2, Agricultural Estate District to R4, Mixed Low Density Residential; subdivision approval creating five lots consisting of one single-family home and four twin home units with a variance request; and a conditional use permit for development within the Bluff Creek Corridor, Klingelhutz Development, Walnut Grove Second Addition. Planning Case: 2003-16 SUB, 2003-4 Rezoning, and 2003-6 Conditional Use Permit The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on September 11, 2003. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on October 21, at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than October 10, 2003. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Depamnents City Engineer b. City Attorney ity Park Director Marshaladding Official Pir ater Resources Coordinator Forester (9patershed District Engineer 3O. oil Conservation Service 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers QMinnegasco 7. MN Dept. of Natural Resources IS)relephone Company (QWest or Sprint) ® Electric Company (NSP or MN Valley) (ff)vlediacom Cable System 11. U. S. Fish and Wildlife 12. Carver County Engineer Environmental Services 13. Other- 14. 2319 7240 7280 STATE HWY 5 2198 7470 7471 7476 7475 7460 2180 7490 7491 7496 F c~i 7495 7480 U y 7508 7509 7510 7511 7500 '1872173/2159 12145 2131 2117 2103 2091 2075 2059 2043 2027 7604 7602 7600 7596 7592 7588 7584 7580 7576 7572 :t7 7606 a53 / 2310 1 0 v�( 0 \ 0 MEMORANDUM CITY OF CHONSEN Date: September 24, 2003 7700 Market Boulevard To: Robert Generous, Senior Planner PO Box 147 Chanhassen, MN 55317 From: Mark Littfin, Fire Marshal Administration Phone:952,227.1100 Subject: Request for Rezoning of 3.09 acres from A2, Agricultural Estate Fax.952227.1110 District to Capital R4, Mixed Low Density Residential; Subdivision Building Inspections approval creating five lots consisting of one single family home and Phone:952.227.1180 four twin home units with a variance request, and a conditional use Fax:952227.1190 permit for development within the Bluff Creek Corridor, Engineering Klingelhutz Development, Walnut Grove, Second Edition. Phone. 952.227,1160 Fax: 952.227,1170 Planning Case #2003-16 SUB, 2003-4 Rezoning, and 2003-6 Finance Conditional Use Permit. Phone. 952.227.1140 Fax: 952.227.1110 Park a Recreation I have reviewed the above request for rezoning for the above project in order to Phone:952.227,1120 comply with the Chanhassen Fire Department/Fire Prevention Division, I have the Fax: 952.227.1110 following Fire Code or City Ordinance/Policy requirements. The plan review is Recreation Center based on available information submitted at this time. If additional plans or 2310 Coulter Boulevard changes are submitted, the appropriate code or policy will be addressed. Phone: 952.227.1400 Fax: 952.2271404 1. The current temporary cul-de-sac issue must be addressed. Contact Planning & Chanhassen city engineer and Chanhassen fire marshal for options in Natural Resources Phone, 952.227.1130 making this a more permanent turnaround. Fax: 952.227.1110 The new private street should be a minimum of 20 feet in width. Pursuant Pub2. 1591 Park Road Works 591 P to 2000 Minnesota Fire Code, Section 503.2.1. Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227,1125 Fax: 952.227.1110 Web SRO www.ci.chanhassen.nmus The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. 49 CITY OF CIIANIIASSEN 7700 Market Boulevard MEMORANDUM PO Box 147 Chanhassen, MN 55317 TO: Bob Generous, Senior Planner Administration Phone:952.227.110O FROM: Steven Torell, Building Official Fax: 952.227.1110 Building Inspections DATE: September 30, 2003 Phone: 952.227.1180 Fax:952.227.1190 SUBJ: Review of proposed subdivision; Walnut Grove Second Addition, Engineering Klingelhutz Development. Phone: 952,227.1160 Fax: 952.227.1170 Finance Phone:952,227.1140 Planning Case: 2003-16 SUB, 2003-4 Rezoning and 2003-6 CUP Fax: 952.227.1110 Park 6 Recreation I have reviewed the plans for the above project. Following are comments, which Phone: 952.227.1120 should be included in the conditions of approval. Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 1. Any portion of a building within three feet of a property line must be of one - Fax: 952.227.1404 hour fire -resistive construction and location of openings may be restricted. Planning a Consideration must be given to the placement of property lines prior to Natural Resources platting the property. Phone. 952.227.1130 2. A final grading plan and soils report must be submitted to the Inspections Fax: 952.227.1110 Division before permits will be issued. Public works 3. The individual sewage treatment site for the existing home must be 1591 Park Road abandoned; a permit must be obtained prior to beginning work. Phone: 522.27.1.3100 Fax:952.227.1310 4. Meet with the Inspections Division as soon as possible to discuss plan I� Po review and permit procedures Senior center Phone: 952.227.1125 Fax: 952.227.1110 web site G/safety/sVrnemos/plan7Walnut Grove 2"a Addition www.ci.chanhasseamn.us The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gual place to live, work, and play. CITY OF CHANHA33EN 690CnyCenterDrive, PO Box 147 Chanhassen, Minnesota 55317 Phone 612.937.1900 General Fax 612 937 5739 Engineering Fax 612.9379152 Public Safety Fax 612.934.2524 Web wwwci.cbanhassen.mn.us MEMORANDUM TO: Bob Generous, Senior Planner FROM: Todd Hoffman, Park and Recreation Director DATE: September 19, 2003 SUBJ: Walnut Grove Second Addition Walnut Grove Second Addition will have four lots that are subject to a park dedication fee and one lot (the existing home), which is exempt from park dedication. Please ensure that the fmal plat is subject to the payment of $9,600 in park dedication fees ($2,400 per unit). Kate Aanenson, Community Development Director The City of Chanhassen. Agrowing community with clean lakes, quality schoo6, a charming downtown, thriving businesses, and beautiful parks. Agreat place to live, work, and play CITY OF CHANH 770CLMARIZET B CHANHASSEN Payee: KLINGE Date: 09/16/2 Receipt Numbe Clerk: DANIEL WALNUT GROVE ITEM REFEREN ------------- DEVAP WALNUT USE & VARIA Tot Check Cha THANK Y KLINGELHUTZ DEVELOPMENT 5790 DATE INVOICE NO. DESCRIPTION INVOICE AMOUNT DEDUCTION BALANCE 9-12-03 7305-A 7035 Galpin-permit 200.00 200.00 gl,fifoHECK 3 CD 9-12-03 5790 TOTALS 200. 00 200.00 TEK NUMB R CITY OF CHANHASSEN 7700 MARKET BLVD CHANHASSEN MN 55317 Payee: KLINGELHUTZ DEVELOPMENT Date: 09/12/2003 Time: 2:08pm Receipt Number: DW / 4294 Clerk: DANIELLE 2003-16 SUB ITEM REFERENCE ------------------------------------------- AMOUNT DEVAP 2003-16 SUB USE & VARIANCE 1,000.00 SIGN RENT 75.00 REZONING 500.00 SIGN ESCROW 100.00 Total: --------------- 1,675.00 Check 5787 1,675.00 --------------- Change: 0.00 THANK YOU FOR YOUR PAYMENT! Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) NOTICE OF PUBLIC HEARING Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized PLANNING CASE NO. 04-10 agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- CITY OF CHANHASSEN lager and has full knowledge of the facts herein stated as follows: NOTICE IS HEREBYGIVENthat the Chanhassen Planning (A) These newspapers have complied with the requirements constituting qualification as a legal Commission will hold a public newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as hearing on Tuesday, March 16, 2004, amended. at 7:00 P.M. in the Council Chambers in Chanhassen City U Hall, 7700Market (B) The printed public notice that is attached to this Affidavit and identified as No. %�� Blvd. The purpose of this hearing is consider a request for rezoning of was published on the date or dates and in the newspaper stated in the attached Notice and said 3. sacres from A2, Agricultural Estate Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of District to RSF, Single -Family the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both Residential; subdivision approval inclusive, and is hereby acknowledged as being the kind and size of type used in the composition cieatingfourlots with variances; anda and publication of the Notice: conditional use permit for development within the Bluff Creek Corridor, Klingelhutz ywnxyz abcdefghijkhnno;Ym Development, Walnut Grove Addition. 1 t, .+-., 1 plan A plan showing the location of. �� A / V (�t-x- (� � 7/I / 1 'i✓ the proposal is available for public J reviewat City Hall during regular Laurie A. Hartmann business hours. All interested Persons are invited to attend this public hearing and express their opfnionswithrespeettothisproposaL Subscribed and swom before me on Robert Generous, Senior Planner Email: be nero+ na i h h // 7 �`'""�'" n this day of -2004'� Phone: 952-227-1131 (Published in the Chanhassen Villager on Thursday, March 4, 2004; GWEN M. RADUENZ tcommY �UOLIC SOTA No. 4112)%/'�� / s 12n ..11 Commission Fx9lies Jan. J1.2005 Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch Maximum rate allowed by law for the above matter ................................ $22.00 per column inch Raze actually charged for the above matter ............................................... $10.85 per column inch NOTICE OF PUBLIC HEARING PLANNING CASE NO.04-10 CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, March 16, 2004, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for rezoning of 3.09 acres from A2, Agricultural Estate District to RSF, Single -Family Residential; subdivision approval creating four lots with variances; and a conditional use permit for development within the Bluff Creek Corridor, Klingelhutz Development, Walnut Grove 2na Addition. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenerous@ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on March 4, 2004) NOTICE OF PUBLIC HEARING REZONING, SUBDMSION AND CONDITIONAL USE PERMIT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, October 21, 2003, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for rezoning of 3.09 acres from A2, Agricultural Estate District to R4, Mixed Low Density Residential; subdivision approval creating five lots consisting of one single family home and four twin home units with a variance request; and a conditional use permit for development within the Bluff Creek Corridor, Khngelhutz Development, Walnut Grove Second Addition. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Phone: 952-227-1131 (Publish in the Chanhassen Villager on October 9, 2003) tz Construction 350 East Hwy 212 Phone: 9525566021 Chaska, MN 55318 Fax: 9524483496 PROJECT: Walnut Grove 2nd TO: City of Chanhassen ATTN: Bob Generous DATE: 12/17/2003 REF: TRANSMITTAL No. 00001 ARE SENDING: SUBMITTED FOR; ACTTON TAKEN:WE ❑ $hop Drawings ❑ Approval ❑ Approved as Submitted Letter Your Use ❑ Approved as Noted ❑ Prints ❑ As Requested ❑ Retumed After Loan ❑ _ Change Order ❑ Review and Comrt=t ❑ Resubmit ❑ Plans ❑ Submit ❑ Samples VIA: ❑ Retumed ❑ specifications; rENT IJ/Attached ❑ Retumed for C.r tions ❑ Other: I Cl Separate Cover Via: ❑ Due Date: Remarks: letter of extension CC: Signed: Tom Heiland Wingelhulz Dev 7700 Market Blvd PO Box 147 We agree to ex!end review period for Walnut Grove 2nd .Addition until May 1 n 2004. attention to this matter. 1�vu. lo, �03 ran $ 4Abf.-I�m- 0 0 3 —Ilo Sub •o3-a� Rez�-r� cup NOTICE OF PUBLIC HEARING REZONING, SUBDMSION AND CONDITIONAL USE PERMIT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that theC". arthassenPlanningCommissionwill hold a public hearing on Tuesday, October 21, 2003, at 7:00 p.m. in the Council Chambers in Chanhassen CityHall, 7700 Market Blvd. The purpose ofthis hearing is to consider a request forrezoning of3.09 acres from A2, Agricultural Estate District to R4, Mixed Low Density Residential; subdivision approval creating five lots consisting of one single family home and four twin home units with a variance request; and a conditional use permit for development within the Bluff Creek Corridor, Klingelhutz Development, Walnut Grove Second Addition. Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No._y__� was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijkhnnopgrstuvwxyz Laurie A. Hartmann Subscribed and sworn before me on A plan showing the location of the proposal is available for public review at this 9 �y of 2003 City Hall during regular business hours. =IRADLUIENZAli interested persons are InVlted t0 Ptattendthispubhchearmgandexpresstheir My opinions with respect to this proposal. Robert Generous, Senior Planner Phone: 952-227-1131 (Published in the Chanhassen Villageron Notary Public Thursday, October 9, 2003; No. 4005) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $21.00 per column inch Maximum rate allowed by law for the above matter ............................... $21.00 per column inch Rate actually charged for the above matter .............................................. $10.63 per column inch UPPER LEVEL PLAN 1,252 s.f. LOWER LEVEL PLAN 1,337 s.f. RIVERWOOD S 952-448-3750 office WELMAN MAPLE LEAF SPERIDES SPLIT ENTRY PLAN DATA KITCHEN: UPPER 13' x 13' PANTRY: UPPER 6' x 6' DINING: UPPER 9' x 13' GREAT ROOM: UPPER 13' x 19' POWDER: UPPER 6' x 5' MASTER SUITE: UPPER 13' x 29' BEDROOM 2: LOWER 13' x 16' BEDROOM 3: LOWER 13' x 17' BATH: LOWER 9' x 5' ENTRY: SPLIT 6' X 7' GARAGE: SPLIT 20' X 24' Community Realty �.con m ealty.net Q® UPPER LEVEL PLAN 900 s.r. RIVERWOOD S OA KSIDE ""R`°" PLAN DATA MASTER SUITE: UPPER 11 i x 311 BEDROOM 2: UPPER Ili x 15i BEDROOM 3: UPPER 11 i x 751 BATHROOM: UPPER 6i x 8i GREAT ROOM: MAIN 211 x 741 DINING: MAIN 15i x 9i KITCHEN: MAIN 11i x 721 MUD ROOM: MAIN 5i x 8i POWDER: MAIN 5i x 51 LIVING ROOM: MAIN 111 x 121 GARAGE: MAIN 20i x 24i BASEMENT (UNFIN.): LOWER 2li x 501 �j MAIN LEVEL PLAN N�— 71D05f Community 952-448-3750 office Realty www.commrmlty.net Q® CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452-5000 FAX: (612) 452-5550 FILING OF DOCUMENTS TO: XX COUNTY RECORDER REGISTRAR OF TITLES Please complete, date, and sign this form upon assigning document numbers for the documents listed below and return completed form to SUE NELSON at the Chanhassen City Attorney's office at the address shown above. A self-addressed envelope is provided for your convenience. CLIENT/MATTER: City of Chanhassen / Walnut- Grove (Residential Development, Inc. - Rick Murray) THE FOLLOWING DOCUMENT(S) Abstract WERE FILED: Document No. b Plat C�Z/,3 9 9 OS Development contract & Pm c2 /,4/(1 o 3 &� Trail Easement a. /L/0& Permanent Easement for Access /'Cf(J u S Torrens Document No. at 'S� o'clock A.[�M. on c� / , 19 97 ,wilt, the County Recorder / Regis of Titles at the Carver County Courthouse, Chaska, MN. SIGNED: Thank you! GRANT OF EASEMENT THIS GRANT OF EASEMENT is made this ieday of 1997 by RESIDENTIAL DEVELOPMENT, INC., a Minnesota corporation (Grantor), in favor of John Hennessey C'Grantee"). RECITALS: A. Grantor is the fee owner of the property embraced within the Plat of Walnut Grove in the City of Chanhassen, Minnesota (the "Grantor's Property"). B. Grantee is the fee owner of the real property located at 7305 Galpin Lake Road, Chanhassen, Minnesota, which property is adjacent to Grantor's Property and legally described on Exhibit A attached hereto and made a part hereof (the "Grantee's Property"). C. Grantee desires to obtain vehicular access for ingress and egress to and from Grantee's Property through a portion on the Plat of Walnut Grove to Prairie Flower Boulevard lying within such plat over a private roadway (the "Roadway") to be constructed within the tract of land legally described on Exhibit B attached hereto and made a part hereof (the "Easement Area"). D. Grantor desires to grant such access easement to Grantee for the benefit of Grantee and the Grantee's Property as set forth herein to accommodate vehicular traffic to and from Grantee's Property. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants the following easement on the terms and conditions set forth herein: 9978KMM 1. Grant of Easement. Grantor hereby grants and conveys to Grantee and its successors and assigns, for the benefit of Grantee and its successors and assigns, a non-exclusive easement for vehicular ingress and egress to and from Grantee's Property, over the Roadway to be constructed in the Easement Area, which easement shall commence upon completion of construction of the Roadway. 2. Construction Maintenance of Roadway. The Roadway shall be constructed in the Easement Area in compliance with the requirements of the City of Chanhassen applicable to such Roadway, and shall be maintained by Grantor as Grantor shall deem necessary. Grantee shall have no right to construct nor to maintain the Roadway on the Easement Area, the only right granted to Grantee being the right of Grantee to use the Roadway for vehicular access to and from Grantee's Property after completion of construction of the Roadway. 3. Duration and Limitation. The easement granted to Grantor herein is limited to use of the Roadway for reasonable vehicular access to the residence located on Grantee's Property and the easement rights granted therein shall terminate and be of no Rather force and effect if Grantee's Property is used for business or commercial purposes of any nature. 4. Covenants Running With the Land. Subject to the provisions of Section 3 hereof, the right to use and exercise the easement rights contained herein shall run with Grantor's Property and Grantee's Property, shall inure to and be for the benefit of Grantee's Property and Grantee, their heirs, personal representatives, successors and assigns and shall be appurtenances to the Grantee's Property; none of the easement rights granted hereby may be transferred, assigned or encumbered except as an appurtenance to Grantee's Property. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement effective the day and year first above written. 9978KMM 2 STATE OF MINNESOTA ) )Ss COUNTY OF V&_(L ) The foregoing instrument was acknowledged before me this r291-Aday of V L_(( , 1997, by Rick D. Murray the President of RESIDENTIAL DEVELOPMENT, INC., a Minnesota corporation, on behalf of the corporatioA Notary THIS INSTRUMENT WAS DRAFTED BY: Kathleen M. Martin, Esq. Malkerson Gilliland Martin LLP Suite 1500 AT&T Tower 901 Marquette Avenue Minneapolis, MN 55402 (612)344-1111 M. LEE GLOVER NOTARY PUBLIC —MINNESOTA HENNEPIN COUNTY My Commission expires 1.31.20M G 07/31/97 THU 09:43 FAX 612344—'14 MALKERSON GILLILAND Z 003 EXIMIT A (Grantee's Property) Parcel 1: That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the west quarter comer of said Section 10; thence on an assumed bearing of South 01 degrees 56 minutes 40 seconds East along the west line of said southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet to a point on a 3452.34 foot radius curve, the center circle of said curve hearing North 79 degrees 30 minutes 09 seconds West 8om said point, thence southwesterly along said curve, a distance of 469.80 feet central angle 07 degrees 47 minutes 49 seconds; thence South 18 degrees 17 minutes 40 seconds West along tangent, a distance of 64.00 feet to the actual point of beginning of the tract to be described; thence continuing South 18 degrees 17 minutes 40 seconds West, a distance of282,12 feet; thence South 65 degrees 12 minutes 03 seconds cast, a distance of 301.94 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 316.33 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 300.00 feet to the point of beginning. Subject to right-of-way in existing county road subject to any and all easements of record. Parcel 2: That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota described as follows: Commencing at the west quarter corner of said Section 10; thence on an assumed bearing of South 1 degree 56 minutes 40 seconds East along the west line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet; thence southerly a distance of 383.79 feet along a curve not tangential with the last described line, said curve is concave to the west, has a radius of 3452.34 feet and a central angle of 6 degrees 22 minutes 10 seconds and the chord of said curve bears South 13 degrees 40 minutes 55 seconds West to the point of beginning of the tract to be described; thence continuing southerly, a distance of 86,01 feet along said curve concave to the West, having a radius of 3452.34 feet, a central angle of 1 degree 25 minutes 39 seconds; thence South 18 degrees 17 minutes 40 seconds West, tangent to said curve, a distance of 64.00 feet; thence South 71 degrees 42 minutes 20 seconds East, a distance of 300.00 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 150.00 feet, thence North 71 degrees 42 minutes 20 seconds West, a distance of 301.07 feet to the point of beginning. Subject to right-of- way in existing County Road and any and all easements of record. Io907k} EXIIIBIT B (Easement Area) A 30.00 foot Easement for ingress and egress over and across those parts of Lot 5, Block 3 and Outlots B and C, WALNUT GROVE, Carver County, Minnesota according to the recorded plat thereof, which lies 15.00 feet on each side of the northerly lot line of said Outlot C. MU MM 5 CITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 8/25/04 04-09 ATTENTION Sue Nelson RE: Walnut Grove 2nd Add. ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ _ 1 1 1 8/11/04 1 1 Executed Conservation Easement I THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ® For Review & recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Here is the last easement that needs to be recorded for Walnut Grove 2nd. If you have any questions, feel free to give me a call. Thanks. COPY TO: Bob Generous, Senior Planner SIGNED: U✓/��/l�� tt Saam, (952) 227-1164 If enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 LETTER OF TRANSMITTAL DATE JOB NO. 8/24/04 04-09 ATTENTION Sue Nelson RE: Walnut Grove 2nd Add. WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 8/20/04 Executed Private Driveway Easement THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ® For Review & recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints REMARKS Here is one of the missing easements that need to be recorded for Walnut Grove 2nd. I will be sending you the remaining easement (conservation) once it is signed by the mayor. The developer is closing on the sale of lot 1 on Aug. 30th, so they need everything affecting lot 1 recorded by then. If you have any questions, feel free to give me a call. Thanks. COPY TO: Bob Generous, Senior Planner SIGNED: ��" U' Matt Saarrt 952) 227-1164 It enclosures are not as noted, kindly notify us at once. CITY OF CHANHASSEN ENGINEERING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1160 FAX (952) 227-1170 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL 8/23/04 Sue Nelson W ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ _ COPIES DATE NO. DESCRIPTION 1 6/14/04 Executed Development Contract 1 6/14/04 Executed Full Size Final Plat M lar 1 6/2/04 Breakdown of Administration Fees 1 8/13/04 Receipt of Administration Fees 1 8/11/04 Executed Declaration of Covenants THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ® For Review & recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints REMARKS Here are the items that I have to this point which need to be recorded for Walnut Grove 2nd. I will be sending you two additional easements (conservation & private driveway) once I receive them. The City has received all of the necessary administration and security fees. The developer is closing on a lot sale on Aug. 30' , so they need the plat recorded by then. If you have any questions, feel free to give me a call. Thanks. COPY TO: Bob Generous, Senior Planner SIGNED: l/'/ `�s��-- MW Saam,1(952) 227-1164 If enclosures are not as noted, kindly notify us at once. April 16, 2004 CITY OF CAANHASSEN MrJohn Klingelhutz Klingelhutz Development 7700 Market Boulevard 350 East Highway 212 PO Box 147 Chanhassen, MN 55317 Chaska, MN 55318 Administration Re: Walnut Grove 2nd Addition — Planning Case No. 04-10 Phone: 952.227.1100 Fax:952.227.1110 Dear Mr. Klingelhutz: Building Inspections Phone:952227.1180 On April 12, 2004, the Chanhassen City Council approved the following: Fax: 952.227.1190 Engineering The rezoning of the property from Agricultural Estate District, A2, to Single Phone:952227.1160 Family Residential District, RSF." Fax:952.227.1170 Fine= The preliminary plat for Walnut Grove Second Addition with lot width variances Phone:952227.1140 and one (1) foot side yard setback variances and a variance for the use of a private Fax: 952227.1110 street, according to the plans prepared by Otto Associates, date stamped Received Park & Recreation February 12, 2004, subject to the following conditions: Phone: 952.227.1120 Fax:952.227.1110 1. At the time of final plat recording, the developer shall pay full park dedication enter 13eCoulter fees for the three lots that are subject to park dedication fees. Boulevard 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 2. Adjust the lot line(s) to assure that all lots meet or exceed the 15,000 square -foot minimum lot area. Planning & Natural Resources Phone: 952.227.1130 3. Individual sewer and water services must be provided for Lots 1-4 and indicated Fax:952227.1110 on the plans. Public Works 1591 Park Rog 4. A final grading plan and soils report must be submitted to the Inspections Phone:952227.1300 Division before permits will be issued. Fax: 952.227.1310 Senior center 5. The old individual sewage treatment site for the existing home must be Phone: 952.227.1125 abandoned in accordance with MPCA regulations. Fax: 952.227.1110 Web site 6. A 10-foot clear space must be maintained around fire hydrants, i.e. street www.ctchanhassen.mn.us lamps, trees, shrubs, bushes, Qwest, Xcel Energy, 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 #9-01. 7. "No Parking Fire Lane" signs will be required on the new private street. Pursuant to Chanhassen Fire Prevention Policy #06-1991. Copy enclosed. Conservation easements shall be dedicated over all areas within the Bluff Creek primary zone. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding bails, and beautiful parks. A great place to live, work, and play. Mr. John Klingelhutz Walnut Grove 2°d Addition April 16, 2004 Page 2 9. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall protect trees on proposed lots as well as trees in neighboring properties located next to the grading limits. 10. Any trees lost due to construction that are not shown as such on plans shall be replaced at a rate of 2:1 diameter inches. 11. Applicant shall submit landscape plans for review and approval prior to final plat approval. A minimum of one overstory tree will be required in the front yard of each lot. 12. Bufferyard plantings are required along Galpin Boulevard. Planting requirements are: 1 overstory tree, 2 understory trees, and 4 shrubs. 13. A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. 14. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around the wetland. The wetland buffer shall be 0 along the east side of the wetland and 20 ft. on the north and west sides. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 15. The grading and erosion control plan shall show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland buffer or, if no buffer is to be preserved, from the delineated wetland edge. 16. The primary zone boundary shall be amended to include the wooded area in the rear (westernmost) portion of Lot 4. 17. A conservation easement shall be dedicated over the primary zone. All structures shall maintain at least a 40-foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone. 18. The proposed development shall maintain existing runoff rates. On -site storm water ponding shall be sufficient to meet all City water quality and quantity standards. 19. A manhole with a two -foot sump shall be installed as the last road accessible structure prior to discharge into the storm water pond. 20. Riprap and geotextile fabric shall be installed at the flared end sections of the inlet and outlet of the storm water pond. Mr. John Klingelhutz Walnut Grove 2°d Addition April 16, 2004 Page 3 21. Drainage and utility easements shall be provided over all existing wetlands, wetland buffer areas and storm water infrastructure. 22. A drainage and utility easement shall be dedicated over the 9 feet either side of the property line between Lots 2 and 3 in order to accommodate access for future storm water infrastructure maintenance. A drainage and utility easement shall be dedicated over the areas in the western portions of Lots 3 and 4 that are currently not encumbered by drainage and utility easements since water discharged from the storm water pond will flow through this area as it moves toward the wetland. 23. Type M silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. Silt fence shall be provided as needed to prevent sediment from leaving the site. 24. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. 25. All exposed soil areas shall have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: T)W of Slope Stabilized within Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days These areas include 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. 26. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 27. Based on the proposed developed area of approximately 3.09 acres, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $11,041. 28. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Health, Carver County, Metropolitan Council Environmental Services, etc. and comply with their conditions of approval. Mr. John Mingelhutz Walnut Grove rd Addition April 16, 2004 Page 4 29. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 30. Sanitary sewer and water hookup charges are applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. Hook-up charges are based on the number of SAC units assigned by the Met Council for each lot. 31. The applicant will be required to meet the existing site runoff rates for the 10-year and 100- year, 24-hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements shall be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. 32. Tree preservation fencing must be installed at the limits of tree removal. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner. 33. The applicant must enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 34. Submit detailed construction plans and specifications for the public utility improvements before final platting. 35. Construct public utility improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates. 36. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 37. Seed and mulch or sod the site within two weeks of grading. Submit a haul route for City approval prior to any hauling. 38.On the grading plan: a. Revise the side slopes along the east side of the private drive to be a maximum of 3:1 or install a retaining wall. b. Add Type III silt fence along the secondary bluff creek zone line on the south side and Type II silt fence along the west and east sides of the grading area. c. Show a minimum 75-foot rock construction entrance. d. Show all existing and proposed easements. Mr. John Klingelhutz Walnut Grove 2Id Addition April 16, 2004 Page 5 e. Add a bench mark. f. Show the storm sewer manhole rim and invert elevations. 39. On the utility plan: a. Show the proposed utility lines 10 feet inside the property line. b. Add a note "connection to existing manhole must be core drilled." c. Show sanitary manhole rim and invert elevations. d. Show all existing and proposed utility easements. e. Show the location of existing water and sanitary services to Lot 1. 40. On the street and storm plan: a. Last storm manhole discharging to the pond must include a 3-foot sump. b. Show the proposed and existing street easements. 41. Add a legend to the plans. 42. The driveway easement must be 30 feet wide with 20 feet of hard -surface pavement and built to a 7-ton design. 43. Submit an inspection report certifying that the private street is built to a 7-ton design. 44. Elevation of lowest house opening must be three feet above high water level of the proposed pond. 45. A 30-foot wide public drainage and utility easement must be dedicated on the final plat over the public sewer and water lines. 46. Structure setbacks shall comply with the following table: Setbacks: front, rear, side, Bluff Creek primary zone, wetland buffer Lot 1 30, 30, 10, na, na Lot 2 30, 30, 9, na, na Lot 3 30, 30, 9, 40, 40 Lot 4 30, na, 9, 40, 40 Conditional Use Permit #2003-6 for development within the Bluff Creek Overlay District subject to the following conditions: 1. The primary zone boundary shall be amended to include the wooded area in the rear (westernmost) portion of Lot 4. Mr. John Klingelhutz Walnut Grove 2nd Addition April 16, 2004 Page 6 2. A conservation easement shall be dedicated over the primary zone. All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the fast 20 feet of the setback. Open space shall comprise 100% of the primary zone. Final plat documents must be submitted to the city three weeks prior to the City Council meeting in which you wish to have your final plat approved. Enclosed is the list of items required for submittal for final plat approval. No building permits can be issued until the site plan agreement is executed and the final plat is approved and submitted for recording. If you have any questions or need additional information, please contact me at (952) 227-1131. Sin�cerel, Robert Generous, AICP Senior Planner Enclosure c: Lori Haak, Water Resource Coordinator Matt Saam, Assistant City Engineer Steve Torell, Building Official g:Nplan\2004 planning c N()4-10 - walnut grove 2nd additioulprefi®oary plat appmval krott.dw ITEMS REOUHtED FOR FINAL PLAT CONSIDERATION 1/18/02 The following items are required to be submitted a minimum of three (3) weeks prior to City Council meeting: 1. Submit two (2) sets of construction plans and specifications for staff review and redline. The construction plans and specifications shall be in accordance to the City's latest edition of Standard Specifications & Detail Plates. The plans shall include traffic signage and street light placement. Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water and storm sewer lines). Grading and drainage plans shall show dwelling type and elevations, wetlands and wetland buffer areas, stormwater pond NWLS and HWLS, catch basin, and storm manhole numbers. 2. Drainage calculations for water quantity and quality pending with maps showing drainage areas for pre -and post -development conditions and contributing areas to catch basins. 3. Tree Preservation Easements (if applicable). 4. Trail Easements (if applicable). 5. Landscape Plan and Cost Estimates (Woodland Management Plan, if applicable). 6. Engineer's Cost Estimate of Public Improvements: a. Sanitary sewer system. b. Water system. C. Storm sewer drainage system including cleaning and maintenance. d. Streets, sidewalk and trails. e. Erosion control. f. Site restoration (seeding, sodding, etc.). g. Site grading 7. Ten (10) sets (folded) of final plat, one (1) set of reductions (811V x 11"), a digital copy in Axf format, and a digital copy in .tif format (pdf compatible) . 8. Legal description of property on an 8W' x I sheet(s) of paper. 9. Lot tabulations 10. 1" = 200' scale mylar reduction of the final plat with just street names and Lot and Block numbers. Failure to provide any of the above items by the required deadline will result in delaying consideration of final plat before the City Council. CITY OF CHANHA•EN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER O TRANSMITTAL 7/30/04 ►C Rorl Document ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 7/28/03 03-6 2003-6 Site Plan Permit (Building "B"-Lot 2, Block 1, Arboretum Sho ping Center 1 7/28/03 03-2 2003-2 Conditional Use Permit (Building "B"-Lot 2, Block 1, Arboretum Shopping Center 1 4/26/04 04-1 2004-1 Site Plan Permit (Highlands of Bluff Creek 1 1 4/26/04 04-1 1 2004-1 Conditional Use Permit (Highlands of Bluff Creek 1 9/15/03 03-7 2003-7 Site Plan Permit Chanhassen Short Course 1 12/8/03 03-10 2003-10 Site Plan Permit Lot 1, Block 1, Park Nicollet 1 s Addition 1 4/12/04 04-10 2004-10 Conditional Use Permit Walnut Grove 2na Addition THESE ARE TRANSMITTED as checked below: ❑ For approval ® For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS COPY TO: ❑ Approved as submitted ❑ Resubmit ❑ Approved as noted ❑ Submit ❑ Returned for corrections ❑ Return ® For Recording ❑ PRINTS RETURNED AFTER LOAN TO US SIGN copies for approval copies for distribution corrected prints Meuwissen, (952T'Z27-1107 If enclosures are not as noted, kindly notify us at once. CrrY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES CONDITIONAL USE PERMIT #04-10 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Klingelhutz Development Company to develop a three lot single-family residential subdivision within the Bluff Creek Overlay District known as Walnut Grove 2nd Addition. 2. Property. The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Minnesota: Walnut Grove 2°d Addition 3. Conditions. The permit is issued subject to the following conditions: a. The primary zone boundary shall be amended to include the wooded area in the rear (westernmost) portion of Lot 4. b. A conservation easement shall be dedicated over the primary zone. All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone." 4. Termination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. E 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: April 12, 2004 CITY OF CHANHASSEN By: / -_" Q Thomas A. Furlong, Ma or By: A odd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this 20-lA day of 2004, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the Cityw Ch assen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 gAplan\cup iup wap\walnut grove 2nd-cup.doc 2 Not tyublic LAAAAAAAAM^AAM"I� KAREN J. FNGELHARDT Notary public -Minnesota MbiTV W b on Expiwvvdd tv�' z Document No. OFFICE OF THE A399693 COUNTY RECORDER IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII FeeR$E19 50UN C eMINN 13 TA 25 Certified Recorded an 10-25-2004 at 11:00, IAM ❑ PM m�mm�mm�son J CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES CONDITIONAL USE PERMIT #04-10 1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby grants a conditional use permit for the following use: Klingelhutz Development Company to develop a three lot single-family residential subdivision within the Bluff Creek Overlay District known as Walnut Grove 2°d Addition. 2. Property. The permit is for the following described property ("subject property") in the City of Chanhassen, Carver County, Minnesota: Walnut Grove 2°d Addition 3. Conditions. The permit is issued subject to the following conditions: a. The primary zone boundary shall be amended to include the wooded area in the rear (westernmost) portion of Lot 4. b. A conservation easement shall be dedicated over the primary zone. All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone." 4. Tennination of Permit. The City may revoke the permit following a public hearing for violation of the terms of this permit. 5. Lapse. If within one year of the issuance of this permit the authorized construction has not been substantially completed or the use commenced, this permit shall lapse, unless an extension is granted in accordance with the Chanhassen Zoning Ordinance. 1 6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal misdemeanor. Dated: Anri112.2004 CITY OF CHANHASSEN A 2LI-- By: / —" " Thomas A. Furlong, Ma or By: � /<'-:7-7- '-- �—odd Gerhardt, City Manager STATE OF MINNESOTA ) (ss COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this a6� day of 2004, by Thomas A. Furlong, Mayor and Todd Gerhardt, City Manager, of the City Ch assen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 g:\plan\Lup iup wap\walnut grove 2ndcup.dm 2 ;,�,AA KAREN J. ENGELHARDT NolaryPublic-Minnesota My commission Expims 1131005 Iryy VV"VVNMVVVNdwvv LAND SURVEYOR'S CERTIFICATE OF CORRECTION to part of the plat of - WALNUT GROVE 2No ADDITION Pursuant to the provisions of Chapter 505.174 Laws of Minnesota, 1957, Edward J. Otto, the undersigned, a Licensed Land Surveyor in and for the State of Minnesota, declares as follows: That I prepared the plat of WALNUT GROVE 2ND ADDITION dated and filed on , in the Office of the County Recorder, Carver County, Minnesota in Sleeve No. Document No. 2. That said plat contains errors, omissions or defects in the following particulars, to wit: a. On Sheet 1 in the second to last line of the first line of the description, a dimension of 33.12 is given and on Sheet 2 this same 33.12 dimension is shown from the centerline of Galpin Lake Road to the previous right-of-way line on the southerly extension of the east line of the plat. b. On Sheet 1 in the first line of the third paragraph of the description a call of "South 65 degrees 12 minutes 03 Southeast East" is given. 3. That said plat is hereby corrected in the following particulars, to -wit: a. Said 33.12 should be changed to 33.21 in both places. b. Said call should read "South 65 degrees 12 minutes 03 seconds East". Dated September 9, 2004 Edward J. Otto, Lapourveyor Minnesota LicenseNo. 14343 The above Certificate of Correction to the plat of WALNUT GROVE 2ND ADDITION was approved and accepted by the City Council of the City of Chanhassen, Minnesota, at a meeting held this 11th day of October , 2004 . CITY OUNCIL^OF THE CITY OF CHANHASSEN, MINNE ,7o. Mayor Clerk I hereby certify that this instrument was filed in the Office of the County Recorder of record on this _ day of 120 at _ o'clock M. and was duly recorded in Cabinet No. , Document No. Carver County Recorder SCANm u PIZ TITLE MARKa�SSe co�'ke C�jim(ol o� �xcelle�ece in �rl/e @feruice1 SARAH L, VIZECKY dosing coordinator �\��iDS hDr� 121 West Mein ilI a t, SuOe 200, ftt jp MN 55387-102T (952) 442 ]]l) DlrW DISI (952) 442-]]93 FAX (952) N2 g c EMAIL Wa-ky OtBlemark.com CA- 10 City Council Summary — November 10, 2003 WALNUT GROVE 2' ADDITION, 7305 GALPIN BOULEVARD, KLINGELHUTZ DEVELOPMENT: 1) REQUEST FOR REZONING FROM AGRICULTURAL ESTATE DISTRICT (A2) TO MIXED LOW DENSITY RESIDENTIAL DISTRICT 2) REQUEST FOR PRELIMINARY PLAT APPROVAL TO CREATE 5 LOTS CONSISTING OF ONE SINGLE FAMILY HOME AND FOUR TWIN HOME UNITS WITH A VARIANCE FOR THE USE OF A PRIVATE STREET. 3) REQUEST FOR A CONDITIONAL USE PERMIT FOR DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT. Mayor Furlong excused himself from this item due to a conflict of interest with Klingelhutz Development Company. Councilman Peterson handled this item as Acting Mayor. Bob Generous presented the staff report and provided the Planning Commission update. Councilman Labatt asked for clarification on the accesses into this site and the existing home. Councilman Lundquist asked staff's opinion relating to the Planning Commission's comments on the development's shape and density. Uli Sacchet provided input from the Planning Commission and their concerns with the setbacks and the cul-de- sac. Councilman Ayotte asked what the down side was of sending this application back through the process. The applicant stated he was willing to work with the city, and because of the time of year, timing would not be an issue. Councilman Labatt moved, Councilman Ayotte seconded that the City Council table the Walnut Grove 2Id Addition request for rezoning, preliminary plat and conditional use permit and send it back to the Planning Commission with direction to look at the cul-de-sac or hammer head more closely and on Lots 4 and 5, to look at the setbacks, building size and location. All voted in favor, except Councilman Lundquist who opposed, and the motion carried with a vote of 3 to 1. COUNCIL PRESENTATIONS. Todd Gerhardt provided an update on the meeting he and Councilman Ayotte attended with Mike Fahey regarding public safety, specifically CrimNet. Mayor Furlong informed the council that he has been invited to serve on a mayoral advisory committee for Senator Norm Coleman's office. The first meeting was last Friday and he will advise the council of upcoming meetings if they have any issues they want addressed. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt provided an update on the progress of the landscaping in City Center Park adjacent to the library. CORRESPONDENCE DISCUSSION. None. 4 SCANNED City Council Meeting — November 10, 2003 they need to get done on the property without a variance and it's a tough one. I hate to say no but you know. Mayor Furlong: Okay. Thank you. Any other comments Councilman Ayotte? No, okay. My comments are similar. You know if there's some way it can be done without the variance that would be preferred and it looks like there are some options and I guess I would encourage those to be pursued but, because you'd like to be able to let people improve their property to the way they like to. But for a variance there needs to that compelling reason, as Councilman Peterson and Labatt mentioned and so those are my concerns here as well. Any other comments or is there a motion? Councilman Peterson: I'd move that we deny Variance #2003-13 for a 13 foot variance from the 30 foot front yard setback requirement based upon the findings of the staff report. Mayor Furlong: Is there a second? Councilman Lundquist: Second. Mayor Furlong: Is there any discussion on the motion? Hearing none we'll proceed with the vote. Councilman Peterson moved, Councilman Lundquist seconded to deny Variance #2003-13 for a 13 foot variance from the 30 foot front yard setback requirement based upon the rmdings in the staff report. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: As I mentioned in the beginning of the meeting, item 5 has been removed from our agenda. Tabled to a future meeting. WALNUT GROVE 2Nn ADDITION, 7305 GALPIN BOULEVARD, KLINGELHUTZ DEVELOPMENT: 1) REQUEST FOR REZONING FROM AGRICULTURAL ESTATE DISTRICT W) TO MIXED LOW DENSITY RESIDENTIAL DISTRICT 2) 3) TWIN HOME UNITS WITH A VARIANCE FOR THE USE OF A WITHIN THE BLUFF CREEK OVERLAY DISTRICT. Mayor Furlong: Before I request a staff report I'd just like to say that the applicant in this case, Klingelhutz Development Company is a client of my firm. And while we 0 City Council Meeting — November 10, 2003 haven't been involved in any direct, had any direct involvement in this matter or any financial interests in this matter before the council, I'm going to recuse myself due to the possible perception that I may have a conflict of interest. With that I'll ask the Deputy Mayor, Councilman Peterson to lead the council in it's consideration of this matter. Councilman Peterson. Councilman Peterson: With that, staff report please. Bob Generous: Thank you Mr. Mayor, council members. As you stated this is a 3 part request. The first is to rezone the property from A2 to R4. First, this property is located on the northeast corner of West 78a' Street and Galpin Boulevard. It's access will be through Baneberry Way West which is a private street. As part of the subdivision for Walnut Grove they did receive the required easement for access purposes. Under the land use designation of residential low density appropriate zonings are RSF, which is single family residential, R4, which is what the applicant is proposing. Which permits single family homes or twin homes, or is part of a planned unit development. When we first looked at this site we thought that there would be more units that would go in there but due to Bluff Creek corridor, which runs on the south end of this property, it really constrained the developable area of the site. The applicant did come in with the two new twin home, or 4 additional units and keeping the existing home. So staff is recommending approval of the rezoning to R4. The proposed units are very comparable in size to the bungalow homes which are the detached townhouses within the Walnut Grove development. They'll be slightly larger than the townhouses that are immediately to the east of this. So we believe this development is very compatible with that. As part of the subdivision request they need a variance for a private street. One of the issues at the Planning Commission was that they were leaving in the existing temporary turn around. The applicant has revised his plans to provide a hammer head, which is adequate for the engineering department and our fire marshal both signed off and said this is adequate for meeting their purposes. The other concern the Planning Commission has was that configuration of the Lot 5, we would like to see a more rectangular shape to that, and they feel that this Lot 5 is very constrained by the setback to Bluff Creek. Staff had encouraged the applicant to plat the Outlot B because that preserves most of the primary zone of the Bluff Creek corridor. We currently own the property immediately south of this. We received that as part of the Galpin Business Park. We think this will be a good addition to that permanent open space in the community and it will help to preserve the corridor. So while the lot configuration is sort of, not rectangular, it does comply with ordinances so we are recommending approval of the subdivision subject to the conditions in the staff report. Finally there is, because it's within the Bluff Creek corridor, there's a conditional use permit required for any development. We believe by preserving the corridor they will protect the Bluff Creek and so we're recommending approval of that. The Planning Commission did vote to recommend denial of the rezoning and subsequently the subdivision and conditional use permit. Again their condition was that the turn around hadn't been addressed and they were unsure how this really fit in with the neighborhood. We provided additional information in the report to show how it would fit in with the Walnut Grove development. With that I'd be happy to answer any questions. 10 City Council Meeting — November 10, 2003 Councilman Peterson: Any questions of staff? Councilman Labatt: Bob, is that existing house on the property, will that be accessed off of Galpin then? Bob Generous: Yes. It will keep the existing access point that it has. Councilman Labatt: And can you just give me the rationale for why that, why we wouldn't want to pull it off of Galpin? Bob Generous: Well we would if they were making a new house there or new development. However there is a significant slope up to the back of that site from where the end of this driveway will be, or this private street. And so to access the garage they'd have to build, basically build a new garage. As you come to the end of this, this is north and then it'd go uphill and the garage is already entered that way. They're not going to change anything on the existing site. Councilman Labatt: But there's been other times when we've pulled other lot splits like this off and re-routed the access. Correct? Bob Generous: That's correct. Councilman Peterson: Other questions of staff? Councilman Lundquist: Bob, how do you respond to the Planning Commission's concerns about that sort of being shoe homed in there and however else they described it in the lot shapes and things like that. Bob Generous: Well they're correct. It is a tight site, especially the Lot 5. They could have shown alternate lot designs in a split building. However these are big twin homes. They're 1,300 square foot for one floor is big. Big property. Councilman Lundquist: Sure. And has the applicant made any alternate proposals for other layouts in there to address the Planning Commission's concerns at all or it's just a, you know it's a concern and here's the development as it is? Bob Generous: They've revised the lot lines slightly, but not a lot. It fits their plan I suppose, and we did have that one condition about no egress opening or door openings on that site so we wouldn't have people that would have a walkout to the side who want to expand. Put a patio or something in there. They have accommodated the deck area and porch area and they do have additional expansion areas towards the sides of the building and that's how they oriented these structures. Councilman Lundquist: Okay. Councilman Peterson: Any other questions? 11 City Council Meeting — November 10, 2003 Councilman Labatt: Bob, I'm still kind of hung up on why we can't make this guy to access off the private drive. I mean look at the elevation change and from the end of that hammer head on the north is 974 elevation and his drive's at 981. So you're looking at 7 feet grade change. And so is this guy in the existing home, is he selling and Khngelhutz is going to do a lot split and develop? Is that what's happening here? Bob Generous: Yes. The house is being sold to another party is my understanding. Councilman Labatt: Okay. Councilman Peterson: Bob the only question that I had is, I don't know whether you were involved in the meeting two weeks ago where we had a conceptual conversation about the property across Galpin and ... how do we compare this development in area obviously and with the presentation, is there, we were kind of negative towards that but then it was a little bit more intense but how do you compare the two, if you can? Bob Generous: Well this one would be much less intensive development of a property compared to the townhouse project. And also it doesn't front onto the main drag. This is sort of into the neighborhood. The orientation's a lot different. Councilman Peterson: Alright. The applicant, are you the applicant by chance? Are you the applicant? John Klingelhutz: I'm the applicant, yes. Councilman Peterson: Alright, go ahead. Make a presentation if you'd like, over and above what we've already heard. John Klingelhutz: Well, you know one of the things... Councilman Peterson: Name and address please. Could you state your name and address please. John Klingelhutz: John Klingelhutz, 1560 Bluff Creek Drive. If you change the driveway, the layout for that house doesn't work very well. First of all, grade. Second of all, the way you enter the garage and third, most of the trees that are on that site you know, that used to be one of the Lyman residences and a lot of those trees are 100 year old trees, and most of them would go away. So I mean we believe that leaving that driveway for that one residence, I mean it's been there all these years and I don't think it's going to increase or decrease any traffic or be a hazard to anything on that road. Councilman Peterson: Okay. Any other questions of the applicant? Thank you. Fellow councilmen, any thoughts on this? 12 City Council Meeting — November 10, 2003 Councilman Ayotte: Any comments from our beloved commissioner from the Planning Commission? Uli Sacchet: I'm Uli Sacchet. I live at 7053 Highover Court South. I'm representing the Planning Commission. We were really struggling with this particular application. I think it has a lot of merits. It's a good project overall. However, we found that basically the two things that staff already highlighted, that the cul-de-sac was not addressed, we felt had a very big impact on the layout of this whole thing. And we had an application just the same night, the same meeting before this application came up where we had a development where houses were put not on the setback line but close to setback line and we face requests for variances. We see encroachments. People are going to go out there. They're going to have fireplaces. Fire pits in there. They're going to want to have decks. They're going to want to have pavers and what have you back there, and in this case the lot, the setback line is pretty much coinciding with the smaller unit of the twin homes. We felt that it was not, at least some of us felt that that was not in line with the comprehensive plan's idea of trying to preserve the natural integrity as much as possible, even though it does meet the letter of the ordinance. We felt that was a reason to oppose this, and see some additional effort put in in terms of alternatives being explored, which that hammer head seems like there's a little bit of an alternative but I mean it's up to you to decide whether that's sufficient. It still seems relatively small effort in terms of actually looking what the alternate possibilities are. There's a lot of constraint with that wetland right in the middle of the site so it's definitely a difficult site to balance all the interests. Basically from a Planning Commission we felt there should be more effort and it should go back through the system. I don't know whether an option will be for council to refer it back to the Planning Commission with that consideration to refine those aspects or, I mean that's in your hands now at this point. Any questions from my end? Thank you. Councilman Peterson: Thank you. Any comments gentlemen? Councilman Ayotte: I'd like to know what the down side would be to bring it back to the Planning Commission for a little bit of the ... what is the negative to that? Does it bring adversity to the project? Councilman Peterson: I think it goes back to timing. I assume it's. Councilman Ayotte: That's the question. I mean. Bob Generous: Let's see, Planning Commission meets once in December and then in January again. Then the council into January. Councilman Peterson: So we're probably delaying it 45 to 60 days if we do that? Is that safe to say? Bob Generous: That would be right near the envelope for city review. Today's actually the end of the first 60 day period. 13 City Council Meeting — November 10, 2003 Councilman Peterson: I mean we could approve it with a condition that staff continue to work with the applicant to improve the cul-de-sac area. To continue the process. Councilman Ayotte: I wouldn't want to put a roadblock in. Councilman Peterson: Yeah. Other comments to that? Any one else? Councilman Lundquist: I guess my comments would be, why I asked the question about the extra effort. That I would tend to agree with the Planning Commission that we're probably setting ourselves up for variances and other non -conforming type issues to come. However, they're currently meeting everything that they're required to do by ordinance and everything else so I guess it's hard to say no, although I would encourage us, the staff to keep working on that to mitigate some of those future potentials. Councilman Peterson: Councilman Labatt, anything additional? Councilman Labatt: Well I think Brian's on, and Uli I thank you for your comments. The Marsh Glen was, that was proposing to do the same thing. When they came in with those town homes and we kicked it back and we said no because we're setting ourselves up here. And Brian, I think you're right on. You hit the nail on the head here or the noodle is going uphill Bob, is that how you say it? I think we're setting ourselves up for potential of having variances here by putting these buildings right on the setback lines. These homeowners are going to buy these properties, it happens in my neighborhood. Lundgren Brothers has put these buildings right on the property lines and the setback lines and they can't put a pavers stone deck in. So I'd say we either get the applicant to give us a written extension or we deny it tonight based upon the findings of fact in the Planning Commission report. Councilman Peterson: Okay. I probably feel the same way. I think that we could have a better project given more time so, although I don't like not making a decision. I don't like the decision we have to make right here so I'm comfortable in doing it. The only other alternative would be to send it through with staff working on addressing the issue of the cul-de-sac, but that doesn't address the setback issue. So I would entertain a motion. I'll pay somebody a dollar for a motion. John Klingelhutz: Could I say one thing? Councilman Peterson: Go ahead. John Klingelhutz: We're willing to work with the staff to do whatever we need to do to make the city at ease with this project. Whatever that might be. Does that mean that we need to take the site that is tight and take a little more off of the part that goes into the Bluff Creek area to have the lots look like they're bigger or whatever that might be, we're interested in making this work. 14 City Council Meeting — November 10, 2003 Councilman Peterson: Okay, thank you. I guess with that being said, you know a possible resolution could be sending this back with specific criteria as it relates to the cul- de-sac and to increase setbacks by a certain foot percentage or a percentage to address the concerns that you might have. Councilman Labatt: So Bob you said we're at the end of our first 60 days. Bob Generous: Yes. You can take it up to an additional 60 days to review. Councilman Labatt: So that puts us at January 100, 11a'? Bob Generous: Somewhere around there. Councilman Labatt: And when do you have a Planning Commission meeting? It has to come back to the council in January. Bob Generous: Yes, and that's where we run into a problem. Councilman Labatt: Can this get on your December Planning Commission agenda if we kick it back to the Planning Commission with some direction? Okay. Bob Generous: Theoretically if they can make revisions. Councilman Labatt: I think Roger wants to chime in here. Roger Knutson: The applicant's indication his willingness to work with us, and considering your difficult time constraints, maybe they would give you an extension until you can deal with it appropriately in January. I don't know when you meet your first or second meeting in January. Maybe they could just give you an extension to the end of January. You could ask if that'd be okay with the applicant. John Klingelhutz: Like I said before that would be fine. Whatever we need to do. And it's getting pretty late in the year to do anything so I mean we have to wait til spring. It's really not the end of the world so let's just figure out what we have to do and make it work. Councilman Peterson: Alright, than you. Councilman Ayotte: Appreciate it. Councilman Peterson: Alright, that makes the motion a little bit simpler. Councilman Labatt: So I would move that we table this and kick it back. Table it at the council level, kick it back to the Planning Commission for their meeting in January with the direction to look at the cul-de-sac or hammer head more closely and on Lots 4 and 5, 15 City Council Meeting — November 10, 2003 to look at the setbacks and the building size and location. Proximity of the lot. Any more direction or things you want massaged on it? Councilman Peterson: Is there a second to that? Councilman Ayotte: I'll second that. Councilman Peterson: Any further discussion? Councilman Labatt moved, Councilman Ayotte seconded that the City Council table the Walnut Grove 2°d Addition request for rezoning, preliminary plat and conditional use permit and send it back to the Planning Commission with direction to look at the cul-de-sac or hammer head more closely and on Lots 4 and 5, to look at the setbacks, building size and location. All voted in favor, except Councilman Lundquist who opposed, and the motion carried with a vote of 3 to 1. Councilman Peterson: The next item on the agenda is a motion to permanently transfer power to the Deputy Mayor. Mayor Furlong: You're out of order. I've got it back now. I've got the microphone back. COUNCIL PRESENTATIONS. Mayor Furlong: Any council presentations? Councilman Ayotte: Provide comments to the city manager regarding our meeting with public safety. Todd Gerhardt: Bob Ayotte, Councilmember Bob Ayotte and myself met with Mike Fahey and discussed some CrimNet data with Mike Fahey and how our deputies can access that information. Right now that information can only be gained through an e- mail address and, or calling down to the dispatcher. So right now our deputies haven't had access to that information. I haven't had a chance to talk with Jim Olson, our Sergeant, but he is, one of the things we would do is have them directly call the dispatcher. The CrimNet program that the County is doing, it's a pilot program and it's a computer system that would allow the deputies to access criminal information from every county in Minnesota. So if they would pull somebody over, they could call the dispatcher with that person's driver license and get information that may have court pending litigation against that individual. Right now the deputies do not have that access to the computers in their cars so one solution to that is to call into dispatch. Right now our deputies aren't doing that and I'll be working with Sergeant Olson to ensure that the deputies do have that option available. Mayor Furlong: Thank you. Any other council presentations? 16 C� a3-o �Q U3-u GU Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: NOTICE OF PUBLIC HEARING (A) These newspapers have complied with the requirements constituting qualification as a legal REZONING, SUBDIVISION AND newspaper, as provided by Minnesota Statute 331A.02, 33IA.07, and other applicable laws, as CONDITIONAL USE PERMIT amended. CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that (B) The printed public notice that is attached tothis Affidavit and identified as No. the Chanhassen PlanningCommissionwill was published on the date or dates and in the newspaper stated in the attached Notice and said holdapublic bearingon Tuesday, October Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of 21, 2003, at 7:00 p.m. in the Council the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both Chambers in Chanhassen City Hall, 7700 inclusive, and is hereby acknowledged as being the kind and size of type used in the composition Market Blvd. Thepwpose ofthis hearing and publication of the Notice: is to consider arequestforrezoningol'109 abcdef klmno rstuvwx z acres fromA2, Agricultural Estate District gh11 P9 Y to R4, Mixed Low Density Residential; subdivision approval creating five lots consisting of one single family home and B four twin home units with a variance Laurie A. Hartmann request; and a conditional use permit for development within the Bluff Creek Corridor, Klingelhutz Development, Subscribed and sworn before me on Walnut Grove Second Addition. A plan showing the location of the q proposal is available for public review at this / day of �, 2003 rrNww City Hall during regular business hours. GWEN M. RADUENZ All interested persons are invited to NOTARY VUBUC MINtdESOTA attendthispublichearingandexpress thew OMY OTARY UBILICjw iws NNES, A opinions with respect to this proposal. 005 Robert Generous, Senior Planner Phone: 952-227-1131 (Published in the ChanliassenVillageron 4Notaryblic Thursday, October 9, 2003; No. 4005) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $21.00 per column inch Maximum rate allowed by law for the above matter ................................ $21.00 per column inch Rate actually charged for the above matter .............................................. $10.63 per column inch $CANNED oil-10 City Council Summary — September 27, 2004 g. Approval of Temporary On -Sale Beer & Wine License, Edina Realty Foundation. h. Approval of Certificate of Correction for Walnut Grove 2Id Addition, Planning Case No. 04-10. i. Resolution #2004-70: Award of Bid, 2004 Pedestrian Trail Reconstruction/Overlay Project. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. LAW ENFORCEMENT & FIRE DEPARTMENT UPDATE. Sergeant Jim Olson reviewed the sheriff's office area report, citation list, copies of crime alerts issued by Beth Hoiseth, and the community service officer report for the month of August. He reminded everyone that school has resumed and deputies are paying extra close attention to speeds in school zones. They also did special speed patrols on Pleasant View Road and Frontier Trail during the month of August. Councilman Lundquist asked about contact being made with the neighbors on Frontier Trail regarding Project Leadfoot. Mayor Furlong wanted to clarify that the sheriff's office will continue to do traffic details in problems areas of the city. Chief Gregg Geske provided an update from the fire department, noting Fire Prevention Week October P through the 9`s with the open house on October 10`s from 1:00 to 4:00 p.m. PUBLIC HEARING: REOUEST FOR VACATION OF DRAINAGE AND UTILITY EASEMENT IN BURLWOOD ADDITION. Public Present: Name Address Michael Falk 1000 Hilloway Circle, Burnsville Paul Oehme presented the staff report on this item. Councilman Labatt asked staff to address the issues brought up in the letter from Mr. Martinka regarding the drainage and utility easement and drainage off the site. Mayor Furlong asked for clarification on the loss of one lot. He then opened the public hearing. No one spoke and the public hearing was closed. There was no discussion by council. The following motion was made. Resolution #2004-71: Councilman Peterson moved, Councilman Lundquist seconded to approve a resolution vacating the existing public easements as defined on the attached vacation descriptions, subject to the following condition: Minimum 5 foot wide public drainage and utility easements must be dedicated along each side of the new lot lines. &CANNED City Council Meeting — September 27, 2004 g. Approval of Temporary On -Sale Beer & Wine License, Edina Realty Foundation. h. Approval of Certificate of Correction for Walnut Grove 2°d Addition, Planning Case No. 04-10. i. Resolution #2004-70: Award of Bid, 2004 Pedestrian Trail Reconstruction/Overlay Project. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. LAW ENFORCEMENT & FIRE DEPARTMENT UPDATE. Sgt. Jim Olson: Thank you. Quite a beautiful evening tonight. I included in my council packet the sheriffs office area report for the month of August. Copy of crime alerts that were put out by Beth Hoiseth and also the community service office report. For the monthly calls for service, our total calls for service were up by 153 for the month. That's compared to last year and for the year it's up by 412. Criminal calls were up by 17 for the month and they're down by 52 for the year. A couple things that I just wanted to point out, as I talked about at the last council meeting that I was at, that's jumped up quite a bit for the month of August. They're up by 20 for the month from 38 to 58. A large majority of those are from vehicles, and that's compared to last year and they're up by 21 total for the year. Related theft is down from 6 last year to 2 this year, and then for the year overall they're down from 37 last year to 13 this year, and theft related, what that has to do is internet theft, fraud, embezzlement, different things like that. Burglaries were down from 10 last year to 4 this year and for the year overall they're down from 40 last year to 30 this year, which is a good thing. Suspicious activity was up quite a bit from 97 to 166. Miscellaneous non -criminal was up quite a bit also from 78 last year to 109 this year, and then for the month citations, for the month of August citations, we're at 158. Any questions at all relating to the monthly numbers? I want to talk about traffic and school. School's back in session again and I want to remind everyone to drive carefully before and after school, around bus stops and in school zones especially, and we're paying extra close attention to school zones right now. Making sure speeds stay down around those zones and reminding people to watch your speeds around there. Deputies have done 12 special traffic details this month on Pleasant View Road alone, and another 10 on Frontier Trail. So we've been hitting those quite a bit. We also had saturation patrols on both streets involving multiple squads and also the laser that we did. With Frontier Trail, I think that's a perception problem over there more than anything else. The top speed that we had on Frontier Trail was 38 miles an hour. That was one vehicle and that was, we certainly did issue them a citation for that. From there we had one vehicle at 33 and everything else was down under 30 for Frontier Trail. Cars look like they're going quite a bit faster along there because of the curves and we're waiting to hear back from the neighborhood for Project Leadfoot. We have contacted some people out there but have not heard back from them as of yet. We're trying to institute Project Leadfoot on Frontier Trail. Any questions in reference to traffic problems? We did have UPPER LEVEL PLAN 7,050 s./. MAIN LEVEL PLAN 1,0505.7. RIVERWOOD S 952-448-3750 office WELMAN 81 RCHWOOD $PERT® PLAN DATA MASTER BEDROOM UPPER 14i x 79i MASTER BATH: UPPER 7i x 121 BEDROOM 2 UPPER 11 i x 15i BEDROOM 3: UPPER 11 i x 14i BATHROOM UPPER 71 x 8i KITCHEN: MAIN 71/x 12i DINING: MAIN I li x 10i GREAT ROOM: MAIN 71 i x 17i LIVING ROOM: MAIN 14i x 19i POWDER: MAIN 5i x 5i GARAGE: MAIN 20i x 24i BASEMENT (UNFIN.): LOWER 21i x 50i Community Realty W W W.commrealty.net Q® 1'1 i!_ -I I� �I 3 • e ! 7 B Y 10 btt tD ' £t! 1I z e° a to 1 1 's is u p t t o tQ t rP 4 am 1 •1RAOInON.LL' HOME LOTS: 35 BUNGALOW - HOMES: 44 *M"- HOMES: TOUR HOMES / BUILDING: IB SIX HOMES / BUILDING: 14 EIGHT HOMES / BUILDING: 32 TWELVE HOMES / BUILDING: MG TOTAL HOMES: 247 I� .,6verI� h a.. �� i Ni■u.r.,■ :tt IIIYi��iH�l I+i1Yi/Yi �11 hRwR si 4 r Wtti Tar'Y► l rrm 1�5!AE!7�1 n ■1— 1�� Mm• Trt uv� v T[ 1011]0 1 terra �i SWAP FEE WORKSHEET DATE June 1, 2004 FILE NO. Planning Case 04-10 PROJECT Walnut Grove 2nd Addition WATER QUALrrY WATER QUANTITY Site Area in Acres ROW (Galpin Blvd.) Outlot A Assessable area ZONING CLASSIFICATION FEES Rate per Acre R-4 3.09 -0.50 -0.95 1.64 Acres Total $ 1,028.00 1.64 $ 1,685.92 Rate per Acre Acres Total $ 2,545.00 1.64 $ 4,173.80 CREDITS ITEM UNIT QUANTITY UNrr TOTAL PRICE PRICE Storm water pond acre $ 1,028.00 $ Outlet structure each 1.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 SWMP FEE $ 5,859.72 SWMP CREDITS $ 2,500.00 TOTAL SWMP FEE $ 3,359.72 CITY OF MEMORANDUM CIIMNSEN TO: Bob Generous, Senior Planner 7700 Market Boulevard FROM: Mak Sweidan, Engineer ©X'A 5 PC Box 147 Chanhassen, MN 55317 DATE: June 1, 2004 Administration Phone: SUBJ: Final Plat Review of Walnut Grove 2°d Addition Fax: ax:952.227.11.1110 Project No. 04-09 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Upon review of the plans received May 27, 2004, prepared by Otto Associates, I Engineering offer the following comments: Phone: 952.227,1160 Fax: 952.221.1110 GRADING, DRAINAGE & EROSION CONTROL Finance Phone: 2227110 The plans propose to grade about 30% of the site for the new house pads, a Fax Fax95252.227.111 proposed private driveway and a stormwater pond. The proposed lots are located Park A Recreation in the east central portion of the site. The proposed grading will prepare the site Phone:952.227.1120 for look -out and walk -out house pads on Lots 2, 3 and 4, Block 1. Fax: 952.227.1110 Recreation Cooler 2310CoulterBoulevard The existingsite drainage flows south toward the existing creek. The plans g g Phone:952.227.1400 propose to convey the drainage from the northeast portion of the site to the private Fax: 952.227,1404 street and carry the stormwater via storm sewer to a proposed NURP pond. The remaining portion of the site will drain overland to the proposed stormwater pond Planning A Natural Resources and/or the creek. Phone: 952.227.1130 Fax:952.227.1110 The applicant is proposing to use Type III silt fence along the south side adjacent Public works to the secondary bluff creek line and type 11 silt fence along the east and west 1591 Park Road sides of the grading area. In addition, staff recommends that tree preservation PFax:9522.27.13100 fencing be installed at the limits of tree removal. The applicant should be aware Fax: 952.227.1310 that any off -site grading will require an easement from the appropriate property Senior Center owner. Phone: 952.227.1125 Fax:952227.1110 UTILITIES Web Site www.ci.chaohassen.mn.us Municipal sewer and water service is available to the site from Baneberry Way. The existing house on Lot 1 is already connected to municipal sewer and water. The applicant is proposing to extend sewer and water lines along the private drive way to serve Lots 2, 3 and 4. According to the City's Finance Department records, the parcel was previously assessed for one sanitary sewer and water hookup. Since the developer will be responsible for extending lateral sewer and water service to the lots, the sanitary sewer and water connection charges will be waived. However, the sanitary sewer 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. Bob Generous June 1, 2004 Page 2 and water hookup charges will still be applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. Hook up charges are based on the number of SAC units assigned by the Met Council for each lot. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Upon completion of the utility improvements, the utilities will be turned over to the City for maintenance and ownership. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, Department of Health, MCES, Carver County and Watershed District. STREETS The applicant is proposing two accesses to the proposed lots. On the northwest corner of the parcel, an existing access off Galpin Lake Road will be utilized to serve the existing house on Lot 1. Another proposed new access off Baneberry Way will be servicing Lots 2, 3 and 4 as a private street. As such, the private street easement must of 30-feet wide with 20 feet of hard surface pavement and built to a 7-ton design. The developer must submit an inspection report certifying that the private street is built to a 7-ton design. The applicant is proposing a hammerhead turn around. At this stage, the Engineering Department and the Fire Marshal are fine with the proposed turnaround and the removal of the existing temporary cul-de-sac at the end of Baneberry Way. RECOMMENDED CONDITIONS OF APPROVAL 1. Show the watermain pipe size and type on the watermain profile sheet. 2. Add the City erosion control fence detail plate no. 5300. c: Paul Oehme, Public Works Director/City Engineer Matt Saam, Assistant City Engineer. g\eng\prcjects\walnut grove 2nd add\plat review.doc CITY OF CIIMESEN 7700 Market Boulevard PO Box 147 Chanhassen, A 55317 Administration Phone: 952.227.1100 Fax:952.227.1110 Building Inspections Phone:952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952,227,1170 Finance Phone: 952.227,1140 Fax: 952.227.1110 Park 6 Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax:952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.13110 Fax: 952.227,1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web SNe www.ci.chanhassen.mn.us MEMORANDUM TO: Bob Generous, Senior Planner FROM: Mak Sweidan, Engineer 'q 0(4117 DATE: March 8, 2004 SUBJ: Preliminary Plat Review of Walnut Grove Second Addition Land Use Review File No. 03-19 Upon review of the plans received Feb. 12, 2004, prepared by Otto Associates, I offer the following comments: GRADING, DRAINAGE & EROSION CONTROL The plans propose to grade about 25% of the site for the new house pads, a proposed private drive way and a stormwater pond. The proposed lots are located in the east central portion of the site. The proposed grading will prepare the site for look -out and walk -out house pads on Lots 2, 3 and 4 Block 1. The proposed slopes along the east side of the new private driveway are steeper than 3:1. The City allows maximum side slopes of 3:1 otherwise retaining walls must be used. The applicant must revise the plans to comply. The existing site drainage flows south toward the existing creek. The plans propose to convey the drainage from the northeast portion of the site to the private street and cant' the stormwater via storm sewer to a proposed NURP pond. The remaining portion of the site will drain overland to the proposed stormwater pond and/or the creek. Staff is recommending that the elevation of the lowest opening on the adjacent homes be three feet above the high -water -level of the proposed pond. Drainage calculations have been submitted for the site and some modifications are still needed. The applicant will be required to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. Staff recommends that Type III silt fence be used along the south side adjacent to the secondary bluff creek line and type II silt fence along the east and west sides of the grading area. In addition, tree preservation fencing must be installed at the limits of tree removal. A 75-foot minimum rock construction entrance must be The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A Beal place to live, work, and play. Bob Generous March 8, 2004 Page 2 added to the entrance that will be accessed during construction. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner. UTILITIES Municipal sewer and water service is available to the site from Baneberry Way. The existing house on Lot 1 is already connected to municipal sewer and water. The applicant is proposing to extend sewer and water lines along the private drive way to serve Lots 2, 3 and 4. The proposed sanitary manholes must be low enough to serve the basement of Lots 2, 3 and 4, Block 1 and the public utility lines must be 10-feet inside the property line. In addition, a 30-foot wide public drainage and utility easement must be dedicated on the final plat over the public sewer and water lines. According to the City's Finance Department records, the parcel was previously assessed for one sanitary sewer and water hookup. Since the developer will be responsible for extending lateral sewer and water service to the lots, the sanitary sewer and water connection charges will be waived. However, the sanitary sewer and water hookup charges will still be applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. Hook up charges are based on the number of SAC units assigned by the Met Council for each lot. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Upon completion of the utility improvements, the utilities will be turned over to the City for maintenance and ownership. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, Department of Health, MCES, Carver County and Watershed District. STREETS The applicant is proposing two accesses to the proposed lots. On the northwest comer of the parcel, an existing access off Galpin Lake Road will be utilized to serve the existing house on Lot 1. Another proposed new access off Baneberry Way will be servicing Lots 2, 3 and 4 as a private street. As such, the private street easement must be 30-feet wide with 20 feet of hard surface pavement and built to a 7-ton design. The developer must submit an inspection report certifying that the private street is built to a 7-ton design. The applicant is proposing a hammerhead turn around. At this stage, the Engineering Department and the Fire Bob Generous March 8, 2004 Page 3 Marshal are fine with the proposed turn around and the removal of the existing temporary cul-de-sac at the end of Baneberry Way. RECOMMENDED CONDITIONS OF APPROVAL 1. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 2. Sanitary sewer and water hookup charges are applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for water -main. Sanitary sewer and water -main hookup fees may be specially assessed against the parcel at the time of building permit issuance. Hook-up charges are based on the number of SAC units assigned by the Met Council for each lot. 3. The applicant will be required to meet the existing site runoff rates for the 10- year and 100-year, 24-hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements shall be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. 4. Tree preservation fencing must be installed at the limits of tree removal. The applicant should be aware that any off -site grading will require an easement from the appropriate property owner. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 6. The applicant must enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 7. Submit detailed construction plans and specifications for the public utility improvements before final platting. 8. Construct public utility improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates. 9. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. Bob Generous March 8, 2004 Page 4 10. Seed and mulch or sod the site within two weeks of grading. Submit a haul route for City approval prior to any hauling. 11. On the grading plan: a. Revise the side slopes along the east side of the private drive to be a maximum of 3:1 or install a retaining wall. b. Add silt fence Type III along the secondary bluff creek zone line on the south side and silt fence Type II along the west and east sides of the grading area. c. Show a minimum 75-foot rock construction entrance. d. Show all existing and proposed easements. e. Add a bench mark. f. Show the storm sewer manhole rim and invert elevations. 12. On the utility plan: a. Show the proposed utility lines 10-feet inside the property line. b. Add a note "connection to existing manhole must be core drilled." c. Show sanitary manhole rim and invert elevations. d. Show all existing and proposed utility easements. e. Show the location of existing water and sanitary services to Lot 1. 13. On the street and storm plan: a. Last storm manhole discharging to the pond must include a 3-foot sump. b. Show the proposed and existing street easements. 14. Add a legend to the plans. 15. The drive way easement must be a 30 feet wide with 20 feet of hard surface pavement and built to a 7-ton design. 16. Submit an inspection report certifying that the private street is built to a 7-ton design. 17. Elevation of lowest house opening must be three feet above high -water -level of the proposed pond. 18. A 30-foot wide public drainage and utility easement must be dedicated on the final plat over the public sewer and water lines. c: Paul Oehme, Public Works Director/City Engineer Matt Saam, Assistant City Engineer. gieng\projectc\walnut grove 2nd add\prelininwy plat review l.doc CITY OF CIIANIIASSEN 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 Engineering Phone 952.227,1160 Fax: 952.227.1170 Finance Phone: 952,227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952,227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning g 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 vewtuchanhassen.mn.us V/ MEMORANDUM TO: Bob Generous, Senior Planner FROM: Todd Hoffman, Planning Director J DATE: March 2, 2004 SUBJECT: Walnut Grove 2°d Addition; Condition of Approval Concerning Parks and Trails The homes being developed in Walnut Grove 2°a Addition lie within the service area of Sugar Bush Park. The pedestrian trail along Galpin Boulevard borders all of the proposed lots; however, access to the trail will be through the rear yards. The single condition of approval for this addition regarding parks and trails should be the payment of park dedication fees in lieu of land dedication or trail construction. The fee only applies to the three new lots for a total of $8,400. The City of Chanhassen • � e'.m^ _cmmunity with clean lakes. quality schools, a charming dewntavr, I y ,,-e ..--' ng ua S , 2 �eae ,:ul parks. A gieat pla.e:0 1 i aY x 3'z. ;: City of Chanhassen 7700 Market Boulevard p Chanhassen, MN 55317 '(1t1ok ,{f'� Of (952)227-1100 MMEN 74, Date: February 20, 2004 elk ram'' To: Development Plan Referral Agencies From: Planning Department By: Robert Generous, Senior Planner Subject: Request for rezoning of 3.09 acres from A2, Agricultural Estate District to RSF, Single -Family Residential; subdivision approval creating four lots with a variance request; and a conditional use permit for development within the Bluff Creek Corridor, Klingelhutz Development, Walnut Grove V' Addition Planning Case #: 04-10 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on February 12, 2004. The 60day review period ends April 12, 2004. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on March 16, 2004 at 7:00 p.m in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than March 5. 2004. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Watershed District Engineer 3. Soil Conservation Service 4. MN Dept. of Transportation 5. U.S. Army Corps of Engineers 6. CenterPoint Energy Minnegasco 7. MN Dept. of Natural Resources 8. Telephone Company (Qwest or United) 9. Electric Company (Xcel Energy or MN Valley) 10. Medicom 11. U. S. Fish and Wildlife 12. Carver County a. Engineer b. Environmental Services 13. Other- 14. RECEIVE© FEB 2 0 2003 T u TT TT/�ryUG CITY OF CHANHASSEN KJOLLmENVIRONMENTAL SERVICES COMPANY Pmw ing Sound. Balanced. Cornprehensve Nafuraf Resource Solubons Letter of Transmittal TO: NAME COMPANY Project Lori Haak City of Chanhassen Galpin Road Site - Chanhassen CC: FROM: NAME DATE Copies Description Kelly Dlouhy 2/19/03 1 Revised delineation map H FYI ❑ For Your Review e Comments: ❑ Please Reply ❑ As We Discussed 26105 Wild Rose Lane, Shorewood, Minnesota 55331, Phone: 952401-8757, Fax 952401-8798 �Q ► uNuc�, ► d pi ►►L; Our vt� y RMa 3t3It W11 1M. � N JillitNcl/ / //h Alab. / Is 96 x m x N a) m (� vo;nmt g 101 � denotes iron monument denotes iron pipe set and marked as shown: denotes soil boring denotes percolation test hole is Survey on parcel in the SW 114 of l Klingelhutz Development Sec. 10, T. 116, R. 23, Carver County, Minnesota 111119102 n By. , Saab: I Checked W. D.N.A. 1 1 "= 40' hereby certify that this survey, on, or report was prepared by me - under my direct supervision and tat I am a duty Lkmrmd land urveyor under the laws of the Late of Minnesota. web site., WwWAttoassoClate&CM Division St.Bh TTowest MB 55313 SSOCIATES Ph.)ss24727 (76 Fair (7s(793)682.3522 Engineers and Land Surveyom Ino. AKA :nl 1-02-0568 It o�- WL *? CARVER �J�ing 219 East Frontage Road ¢t Q N Waconia, N 55387 1946 '� Phone:952-442-5101 n �//�`T�A C% 40 Fax:952-442-5497 lam( � s/�wI /[ %Iy o http,ll we.mcarver.mn.us/SWCD/SWCD maimhtml Mission Statematc To prov(de leadership in conservation and teach stewardship of the soil, water, and related resources through a halanced, cooperative program that protects, restores, and unproven those resources. aw September 23, 2003 RE��N Robert Generous, Senior Planner SEP 2 4 2003 City of Chanhassen CITY OF CHANHASSEN 7700 Market Boulevard Chanhassen, MN 55317 Re: Proposed Walnut Grove Second Addition Development Mr. Generous: Thank you for sending a copy of the 2003-16 Site Plan, Walnut Grove Second Addition development to the SWCD office. Please review the following storm water, erosion, and sediment control comments and recommendations. Storm Water Beginning March 10, 2003 all developments disturbing 1-acre or more or part of a contiguous development which will disturb more than 1-acre require a National Pollutant Discharge Elimination System (NPDES) permit from the Pollution Control Agency (PCA). The owner / operator of the proposed development must apply for and receive the NPDES permit prior to begimung construction activities. Any development disturbing more than I -acre and creating more than 1-acre of impervious surface must also have permanent storm water treatment It appears this is being done as the Walnut Grove preliminary plan shows the storm water runoff being managed by a proposed storm water basin. High water levels / elevations of the pond and wetland and the elevations of the lowest level of the proposed walkouts should be double checked. It appears the elevations of the dwellings may be too low. Erosion Control Riprap and geotextile fabric needs to be installed at the flared end sections of the inlet and outlet of the storm water basin. Sediment Control The proposed silt fence should be extended 40 feet to the east and 20 feet to the west; the ends of the silt fence should be angled up -slope in a crescent or `smile' formation. A light duty silt fence should be installed between the duplexes and the storm water pond following the outlet installation and during home construction. Inlet control is needed following installation of inlet structures. Inlet control methods will be varied before and after pavement of the street Before pavement, inlet protection could consist of heavy-duty mono -mono silt fence with 4 foot spacing of metal T-posts and I" rock around silt fence material. After pavement, mulch socks, sand bags or rock and wire could be used as temporary inlet control. If there are any questions regarding this review please contact the SWCD office. Sin , Aaron Mtyn CPESC-rr Urban Conservation Technician AN EQUAL OPPORTUNMY EMPLOYER [Insert List Name and Address of Local Government Unit Here]City of Chanhassen - 7700 Market Boulevard - P.O. Box 147 - Chanhassen. MN 55317 Name of Applicant: Klingelhutz Development - P.O. Box 89 - Chaska, MN 55319 Application Number: n/a Type of Application (check one): ❑ Exemption Decision ❑ No Loss Decision ❑ Replacement Plan Decision ❑ Banking Plan Decision ® Wetland Type/Boundary Decision Date of Decision: September 15, 2003 Check One: ®Approved ❑ Approved with conditions List of Addressees: [Landowner] Klingelhutz Development, Attn: Tom Heiland [Members of Technical Evaluation Panel] Chip Hentges, Carver SWCD Lynda Peterson, BWSR ❑ Denied [Watershed District or Watershed Management Organization (If Applicable)] Bob Obermeyer, Riley -Purgatory -Bluff Creek Watershed District [Department of Natural Resources Regional Office] Julie Ekman, Area Hydrologist DNR Wetlands Coordinator @ Ecological Services Section 500 Lafayette Road, Box 25 St. Paul, MN 55155 Corp of Engineers Project Manager @ Department of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 [Individual members of the public who requested a copy, summary only] Kelly Dlouhy, Kjolhaug Environmental - Page 1 of 2 Klingelhutz Galpin Site Delin Notice (April 2003) 1 'l ftr\M•RGIe'"- L I��,eUwfz Dak19a+��� Co5ka- Irk C*"-fAJr A--Soc. IVit "'iJ Marty Campion, Otto Associates (via facsimile) You are hereby notified that the decision of the Local Government Unit on the above - referenced application was made on the date stated above. A copy of the Local Government Unit's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of this Notice. [LOCAL DOVE NT UNIT] Member 15, 2003 t ature Date Water Resources Coordinator Title - Page 2 of 2 Klingelhutz Galpin Site Delin Notice (April 2003) FINDINGS AND CONCLUSIONS City of Chanhassen 7700 Market Boulevard a P.O. Box 147 a Chanhassen, MN 55317 Name of Applicant: Ydingelhutz Development Project Location: SE Comer of Galpin Blvd & Walnut Cv, Chanhassen (T116N R23W S10) Type of Application (check one): Date of Decision: September 15, 2003 ❑x Exemption Decision ❑ No Loss Decision ❑ Replacement Plan Decision ❑ Banking Plan Decision Findings and Conclusions The applicant submitted a wetland delineation of the above site. The wetland edge was surveyed by a registered land surveyor. According to the survey received September 12, 2003, the wetland boundary is the same as the one identified on site by City and Carver Soil and Water Conservation District staff in January/February 2003. CITY OF CHANHASSEN Bl�-Y,� Title: Water Resources Coordinator Date: September 15, 2003 09/11/2003 08:29 9524018798 KJOLHAUG ENV PAGE 01 •COMTANy PMWI*V Sam4 OMrx+d Conpeh@IWM NO&MW Rmwm SaJW ns Fax TO: NAME COMPANY FAX NUMBER L 6 Haak City df CM (952) 937-5739 tx: Merry �� Otto P.•v O=tes (763 FROM: NAME DATE # of Pages (kK*jdiig this Pagel Kelly Dlou by 9M IQ= 3 RE: KSngelhutz 1)8 ebpmerd Galpin Road, Chanhassen ❑ FYI Ef For NaarRiviaw 0 Please Repay to As We DivLw • Comments: Attached is a memo and figw r: regarding the Galpin Road wetland delineation and request for approval. I will also be sendi tg the same materials by mail. 28105 VVHd Rose Lena, Sho iwsood, Mkmeeota 55331, Phone: 9624U1a757, Feu 952 401-6798 09/11/2003 08:29 9524018798 KJOLHAUG ENV PAGE 02 �j( KJC UMUG ENVIRONMENTAL SERVICES COMPANY Memorandum Date: September 11, 2003 To: Lori Hank, Water Res,rurces Coordinator, City of Chanhassen Cc: Marty Campion, Otto Nssociates From: Kelly Dlouhy, Kjolhau 2, Environmental Services Company Re: IGingelhutz Development, Gilpin Road, Chanbassen This memo is to act as a revision i to the Wetland Determination Report for the Gilpin Road Site in Chanhassen, Minnesota, dates l Der -ember 4, 2002. As determined during the on -sit ; review in February, a small area of wetland was identified and delineated on the site (Figure 1). The location of the boundary was based in part on a monotypic stand of reed canary that was wi thout interspersed upland species. Scattered upland species were mixed with reed canary grass in areas excluded from the wetland. Additional determining factors included slight topographic char ges and observations of free water approximately 20 inches below the soil surface in a soil p: i dug at the lowest point of the delineated area. Data sheets reflecting conditions in the delin sated wetland were part of the original determination report. It is also our understanding that the wetland described above would be part of the Primary Overlay District within the Bluff Creek Watershed Area (re: your memo dated 3/5/03). I ask that you review the enclose d materials as we are seeking a letter of concurrence for the wetland delineation. Please cons act me if you need more information to issue an approval. 26105 Wild Rose Lane, Shor wood, Minnesota 55331, Phone: 052-401-8757, Fax 952-401-8798 -- 09/11/2003 08:29 9524018798 N �f 4LrK(qr--GHurz D�dEcoPnrENf C-,A4PIA QoAo CNAN�;Ass�� R1n�99} Awe7Y / KJOLHAUG ENV xu \ \ all" API to APIgzz;r Aft PAGE 03 x 99fl77 H 968.gY L Y �r p wxa9 flb \ 91 l� I -YOU( d \ N'� P NOW I I Ad +997Y9 A. \ �� 7Q \ \ \ \ \ \ CX91/Abe / \ \ \ \ L*4 -cY A52 - - HC70A € G RECEIVED SEP 12 2003 CITY OF CHANHASSEN KJoLHAUG ENVIRONMENTAL SERVICES COMPANY Pr wdl?g Sound, Balanced, Compreheraw NaNral Resource Solutions Letter of Transmittal TO: NAME COMPANY Project Lori Haak City of Chanhassen KGrgelhutz Development, Chanhassen CC: FROM: NAME DATE Copies Description Kelly Dkwhy 91112m 1 Memo, Wetland Detemrnation Report ❑ FYI H For Yew Redew ❑ Plea" Reply ❑ As We Discussed 0 Comments: Enclosed are the memo, figure and another copy of the determination report for your use. Please contact me in you require more information for the delineation approval. 26105 Wdd Rose Lane, Sharcwood, Mimesots 55331, Phone: 952-4018757, Fax 952-4018798 � �(' ��Tr/r �joLHAUG ENVIRONMENTAL SERVICES COMPANY Re &mSS&wiA Bvlanwd, Gunpreh d Xatmal Rwur Sdwimu Memorandum Date: September 11, 2003 To: Lori Haak, Water Resources Coordinator, City of Chanhassen Cc: Marty Campion, Otto Associates From: Kelly Dlouhy, Kjolhaug Environmental Services Company Re: Klingelhutz Development, Galpin Road, Chanhassen This memo is to act as a revision to the Wetland Determination Report for the Galpin Road Site in Chanhassen, Minnesota, dated December 4, 2002. As determined during the on -site review in February, a small area of wetland was identified and delineated on the site (Figure 1). The location of the boundary was based in part on a monotypic stand of reed canary that was without interspersed upland species. Scattered upland species were mixed with reed canary grass in areas excluded from the wetland. Additional determining factors included slight topographic changes and observations of free water approximately 20 inches below the soil surface in a soil pit dug at the lowest point of the delineated area. Data sheets reflecting conditions in the delineated wetland were part of the original determination report. It is also our understanding that the wetland described above would be part of the Primary Overlay District within the Bluff Creek Watershed Area (re: your memo dated 3/5/03). I ask that you review the enclosed materials as we are seeking a letter of concurrence for the wetland delineation. Please contact me if you need more information to issue an approval. 26105 Wild Rose Lane, Shorewood, Minnesota 55331, Phone: 952401-8757, Fax: 952-401-8798 \ Topographic Survey bi 3A� n \ , CgRVFR CO N Z \ vyfryZ !}' — °'r 01 xt— CP 7.4 a xf / N k o + 3ta puu 1 ,;r , o a' ° fix¢ " F kill fit rl� � 0 denotes iron monument found Survey on Requested ' By:Topographic denotes iron and marked pipe set a„p,,,,, pi shown: a a ponce/ in the SW 1,4 of Klingelhutz Development 6 denotes soil boring Sec. 10, T. 116, R. 23, Date: Drawn B . scale: checked By., G denotes percolation test hole Carver County, Minnesota 11/19102 1 D. N. A. 1 1 "= 40' *by certify that this survey, or report was prepared by me ider my direct supervision and I am a duly Licensed Land ryor under the laws of the of Minnesota. E. Otto All �9 FIGURE 1 web Site: 1/20/03 DAA ottoassociates.cont •+aaad S West Division 13 Buffalo, MN 55313 �b No ?MF��Faic. (7533)82LM7 (763)6823522 atd Land Surveyors, foc. 1-02-05E