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1g. Town & Country Homes 1st Addition: Findings of Need for EAW.I MEMORANDUM J CI Ll CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Don Ashworth, City Manager FROM: Bob Generous, Senior Planner DATE: July 2, 1996 SUBJ: Petition for Environmental Assessment Worksheet for Town & Country Homes BACKGROUND The city, through the Environmental Quality Board, has received a petition from neighbors to the Town & Country Homes First Addition development requesting that an Environmental Assessment Worksheet (EAW) be prepared for the development. The city is the, Responsible Governmental Unit (RGU). Pursuant to Minesota Rules, Chapter 44 10.1100, subp. 6, the RGU shall order the preparation of an EAW if the evidence presented by petitioners, proposers, and other persons or otherwise known to the RGU demonstrates that, because of the nature of the project, the project may have the potential for significant environmental effects. The RGU shall deny the petition if the evidence presented fails to demonstrate the project may have the potential for significant environmental effects. i THE PROJECT The. , applicant is proposing a mixed medium density residential and industrial office development on 45.21 acres located at the northwest corner of Lyman and Galpin Blvd. . The applicant is requesting a land use plan amendment for the northerly 22.6± acres from office /industrial to residential medium density, conceptual and preliminary PUD approval for a mixed townhome and office- industrial development, rezoning from A2, Agricultural Estate to PUD, Planned Unit Development, site plan approval for 140 townhome units, a wetland alteration permit to fill and excavate wetlands on site, and preliminary plat approval creating 24 lots and associated right -of- way, Town & Country Homes First Addition, Town and Country Homes. The proposed development is A mixed use development - onsisimg=of medium density residential and - , office /industrial uses on approximately 45 acres located at the northwest corner of Lyman I Don Ashworth, City Manager July 2, 1996 Page 2 Boulevard and Galpin Boulevard in Chanhassen, Minnesota. The development proposes 140 townhouse units and approximately 15.7 acres of office /industrial land. The city has estimated a' ' potential building square footage of 150,000 square feet for the office /industrial development, which represents a floor area ratio of 0.22. ANALYSIS for EAW is the to the ' The initial step in determining the:need an to compare project mandatory f EAW thresholds. For a mixed use .development, the threshold is determined by adding . the quotients of the various components of the development. For, this development the ratios are as follows: attached residential: 140/375: and commercial /industrial: 150,000/300,000: The ' equation is 0.37 plus 0.5 equals 0.87. The threshold for a mandatory EAW is if the sum of the quotients exceed 1. A mandatory EAW is not required. Petition Issues 1. "This project will cause significant detrimental impacts to both surface water and groundwater in the area." Response• WETLANDS There appears to be, five wetland basins on site. Staff requires a wetlands report documenting the The character, locations, types of wetlands, and alternatives to the plan to try to avoid impacts. applicant has hired a delineator to prepare a report and will be required to provide the City a copy of the delineation report prior to final plat approval. Figure 1 shows the approximate locations of the wetlands as they appear on the grading plan. ' j The wetlands on site can be broken into five separate basins that are described as follows: I Wetland A - is located in the northwest corner of the site. The northern part of this wetland is located of the Trotter's Ridge development. It is an aglurban wetland. and does not appear to be: directly nlipacted by the proposed plan. The applicant will be required to maintain a 0 to 20 foot wide buffer with an average buffer width of 10 feet around the basin. Wetlands B and C - are located on.the east side of the property and are aligned north to south along Galpin B ©ulevard. These basins are classified as ag/urban. They have been heavily grazed and cropped over the years and have previously been identified as a candidate fora wetland restoration - B project. appears t "that;tliese basins B and C "were:coritiected at one "time : �Wetlarid has been; identified to act as a utilized wetland in the City's Surface Water Runoff Plan (SWMP). Wetland C r I Don Ashworth, City Manager ' July 2, 1996 Page 3 ' will be filled as a result of the proposed project. Mitigation is proposed on the south west corner of Wetland B. The applicant will be required to maintain a 0 to 20 foot wide ( buffer with an average buffer width of 10 feet around the existing and created basins. r Wetland D - is located in the southwest corner of the property. It is an ag/urban wetland that will not be directly impacted as a result of the proposed plan, however, the current earthwork operation which has occurred in the past has impacted this wetland and needs to be restored. The applicant will be required to maintain a 0 to 20 foot wide buffer with an average buffer width of 10 feet around the basin. This area has also been proposed to act as a nutrient trap in the City's SWMP recommendations. However, staff is requiring a pretreatment pond which the applicant has shown on the plans. Wetland E - is located in the west central part of the site in an area that is heavily wooded. This wetland has not been given a classification, and will be evaluated after the city receives the wetland report. If it is classified as a natural wetland, a buffer strip of 10 to 30 feet wide with an average buffer width of 20 feet around the basin is required. Approximately 3/4 of the wetland (4,498 square feet) is proposed to be filled to meet building setbacks. If this wetland is classified a natural wetland, staff would like to see alternatives to this presumed avoidable impact. Mitigation On April 12, 1996, the Governor of Minnesota signed into law amendments to the 1991 Wetland Conservation Act. The new rules will be in effect for the next 60 days along with the existing laws. The new law increases the de minimis exemption (the amount of impact not regulated) from 400 square feet to 2,000 square feet. The City of Chanhassen ordinances are written to comply with the 1991 version of the Wetland Conservation Act. Because the City of Chanhassen has not adapted these changes to its ordinances, nor have they carefully discussed the impacts such an exemption would have, City staff has decided to take a discretionary approach to approving this exemption, on a project to project basis. Because the City has been a leader in the state in the field of wetland and surface water management, we feel it may defeat the purpose of previous work to approve such an exemption before studying its impacts on the City's Surface Water Management Plan. The applicant has proposed the following mitigation plan for the 0.11 acre of fill to Wetland C and Wetland E: Of the 5,012 square feet of wetlands that are proposed to be filled, the applicant is requesting 2,000 square feet be exempt under new WCA rules. Mitigation would then be completed at a 2:1 ratio of the remaining 3,012 square feet. This would create 6,024 square feet of new wetlands that would be added on to the existing Wetland B. Since the mitigation area will expand Wetland B, City staff would like to see restoration of the existing wetland as a condition. of approval. 1 Don Ashworth, City Manager July 2, 1996 , Page 4 Buffers and Setbacks - The City Wetland Ordinance requires buffer strips for the ag/urban wetlands ' located on the property. The buffer strip width required for natural wetlands is 10 to 30 feet with a minimum average width of 20 feet. The buffer strip width required for an ag/urban wetland is 0 to 20 feet with a minimum average width of 10 feet. The principal structure setback for these ' wetlands is 40 feet measured from the outside edge of the buffer strip. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. , The City will install wetland buffer edge signs before construction begins and will charge the applicant $20 per sign. ' SURFACE WATER MANAGEMENT PLAN , The City has adopted a Surface Water Management Plan (SWMP). The SWMP serves as a tool to protect, preserve, and enhance the City's water resources. The plan identifies the stormwater quantity and quality improvements from a regional perspective necessary to allow future ' development to take place and minimize its impact to downstream water bodies. In general, the water quantity portion of the plan uses a 100 -year design storm interval for ponding and a 10 -year design storm interval for storm sewer piping. The water quality portion of the plan uses William ' Walker Jr.'s Pondnet model for predicting phosphorus concentrations in shallow water bodies. An ultimate conditions model has been developed at each drainage area based on projected future land use, and therefore, different sets of improvements under full development were analyzed to deter- mine the optimum phosphorus reduction in priority water bodies. The City requires storm water quantity calculations for pre and post developed conditions and water ' quality calculations from the applicant prior to final plat. After review of the calculations, the City will make recommendations for approval of the stormwater plan in accordance with the SWMP. ' Water Ouality The SWMP has established an connection charge for water quality systems. The cash dedication , will be equal to the cost of land and pond volume needed for treatment of the phosphorus load leaving the site. The requirement for cash in lieu of land and pond construction shall be based upon ' a schedule in accordance with the prescribed land use zoning. The water quality charge has been calculated at $ $1,530 /acre for a townhome with 3 to 8 units. ' Credits will be given if the applicant provides water quality treatment according to the City's SWMP standards. The total fee will be determined at the time of final platting. Don Ashworth, City Manager ' July 2, 1996 Page 5 I Water Quantity ' The SWMP has established an connection charge for different land uses based on an average, city -wide rate for the installation of water quantity systems. This cost includes all proposed SWMP trunk systems, culverts, and open channels and storm water ponding areas for temporary runoff storage. Medium density developments will have a connection charge of $2,975 per developable acre. The connection charges will be calculated after review of the final construction plans and will be due at the time of final plat recording. ' Contamination ' A 1995 Phase I Environmental Site Assessment mentions the possibility of possible soil contamination of the site. It should be noted that this possibility is a result of previous uses of the property and not directly related to the future development of the site. The city, as part of any ' approvals, will require that additional investigation and soil samples be performed on the site and that all appropriate remediation be done. Petition Issue 2. "Development of the site will adversely affect wildlife in the area. Further, no one has completed and investigation to determine whether any Federal, or State listed endangered species or critical habitats are located on the property." I Response There have been no reports of the sighting of protected species on the project site. Since the early part of this century, a large part of the site has been in agricultural use. Since the 1970s, contractors yards have been located within the wooded portion of the development. The City of Chanhassen Comprehensive Plan designates this property for office /industrial use. While it is always probable that animal species will inhabit wooded areas, this land is guided for urban development. Just as the land to the north and east were undeveloped at one time and probably contained many animal species. The city is working to create a significant open space wildlife habitat within the general vicinity of the project. Just north of the Trotters Ridge development, the city is attempting to assemble a 100 plus acre area for passive park uses. Currently, the city has a portion of the northern edge of the Trotters Ridge development as well as approximately 60 acres donated by Betty O'Shaughnessy. Additional land will be included from the Gateway property located west of these areas. Don Ashworth, City Manager July 2, 1996 , Page 6 Petition Issue ' 3. "Development of the site would potentially impact important historical or archeological resources. The property was a common camping point for native American's traveling from I Shakopee to the islands of Lake Minnetonka. Response I The property described as evidence that this site is a historical or archeological site is actually the land east of Galpin Boulevard. Since the early part of this century, a large part of the site has ' been in agricultural use. Since the 1970s, contractors yards have been located within the wooded portion of the development. A mining operation has been done along the western portion of the property for the past several years. If any significant archeological resources were ever on the ' site, it is quite likely that they would have been disturbed due to past uses of the property. Petition Issue ' 4. "Development of the property will significantly and harmfully change the aesthetics of the property. Instead of a lightly developed area that is largely still wooded and wild, the site will , become a mass of six -plex and eight -plex townhouse units that show nothing but a white wall to the street and to the neighbors. The neighborhood to the north is currently single family residential, and presents a smooth transition to light industrial. Even if the townhouses are built ' carefully, the character of the spot will change irrevocably from single family rural to urban. No natural barriers, such as trees or topographic features, currently exist that would act as a natural buffer between the sites. Finally, the proposed development would present a serious traffic risk ' to children going to school." Response ' This land is guided for urban development, specifically for office /industrial uses. Unfortunately, urban development does alter the land. The development, as proposed, is a compromise that ' would improve the transition from single family homes to more intensive office /industrial uses through the inclusion of higher density housing, an accepted land use technique. As pointed out ' in the petition request, an industrial development on the entire site would be consistent with the comprehensive plan. However, an industrial development would have even greater impacts and less preservation of the existing topography and trees. ' The City has been proactive in the preservation of natural features. Within the zoning ordinance, there are regulations for the protection of trees, protection of wetlands, protection of bluffs, ' buffer yard requirements between adjacent uses, and storm water management requirements. The proposed development complies with these regulations. Don Ashworth, City Manager ' July 2, 1996 Page 7 ' While there are no natural barriers in the northeast corner of the site between this proposal and the adjacent residential subdivision, in the north central and northwestern portions of the site, ' there is a wetland area that provides a physical separation between the adjacent uses. In addition, the proposed development is proposing the creation of berms and installation of landscaping screening that would act to buffer the development from the subdivision. ' Galpin Boulevard and Lyman Boulevard are both collector roadways in the City of Chanhassen Comprehensive Plan. As such, they are envisioned to carry higher levels of traffic then local ' streets. The City is currently in the process of upgrading Galpin Boulevard to a 52 foot wide roadway. Initially, the road will be striped for two lanes of traffic. However, there is sufficient width to stripe the roadway for four lanes of traffic should traffic conditions warrant. ' Pedestrian/bicycle paths will be installed on both sides of Galpin Boulevard, providing a safe area for non - motorized activities. I RECOMMENDATION Staff recommends that the City Council deny the petition for an EAW and adopt the following ' motion: ' "The City Council of the City of Chanhassen, Minnesota denies the petition for an Environmental Assessment Worksheet for the Town & Country Home First Addition based on the following findings: ' 1. The City of Chanhassen is the Responsible Governmental Unit for the determination of the need for an Environmental Assessment Worksheet (EAW). ' 2. The project site is located in the City of Chanhassen, Minnesota. ' 3. The development, as proposed, does not require a mandatory EAW pursuant to Minnesota Rules, Chapter 4410. ' 4. The proposed development is located within the Metropolitan Urban Services Area. 5. The project site is guided for office /industrial uses in the City of Chanhassen 2000 Land Use Plan. 6. Office/Industrial uses are urban type uses. ' 7. The applicant is proposing. a mixed . medium ° density residential - and industrial' office development on 45.21 acres located at the northwest corner of Lyman and Galpin Blvd. 1 Don Ashworth, City Manager July 2, 1996 ' Page 8 The applicant is requesting a land use plan amendment for the northerly 22.6 + acres from , office /industrial to residential medium density, conceptual and preliminary PUD approval for a mixed townhome and office - industrial development, rezoning from A2, Agricultural Estate to PUD, Planned Unit Development, site plan approval for 140 townhome units, a ' wetland alteration permit to fill and excavate wetlands on site, and preliminary plat approval creating 24 lots and associated right -of -way, Town & Country Homes First Addition, Town and Country Homes. I 8. The proposed development is required to comply with the City of Chanhassen's landscaping and tree preservation requirements, wetland protection ordinance, storm ' water management plan, and subdivision ordinance. 9. The proposed development will have no significant negative environmental effects. ' 10. There is no unmitigated negative surface water or ground water impacts due to the development. , 11. There are no known endangered species or critical habitat on site. , significant historical or archeological resources on site." 12. There are no known sign g ATTACHMENTS 1. Letter from Gregg Downing to Kate Aanenson dated 6/24/96 ' 2. Petition for Environmental Worksheet 3. City of Chanhassen Base Map, Project Location 4. Project Location Map ' 5. Aerial photograph of Site, 1937 6. Aerial photograph of Site, 1951 7. Aerial photograph of Site, 1980 ' 8. Proposed Site Plan 9. Chanhassen Villager, Centennial Edition, page 5. L June 24, 1996 Ms, Kate Aanenson, Planning Director ' City of Chanhassen P.O. Box ..147 Chanhassen, MN. 55317 RE: Petition for an Environmental Assessment Worksheet (EAW) for the Town & Country.Homes First Addition. ' Dear Ms. Aanenson: The Environmental Quality Board (EQB) has received a petition.requesting ' that an EAW be prepared on the project described in the.,petition, and has determined that the City of Chanhassen is the appropriate governmental unit to decide the need for an EAW. The.requirements for environmental review, including the preparation of an EAW, can be found in the Minnesota Rules, chapter 4410. *Please t6ntact. me if you do not have access to.. these rules. The procedures to be followed in making the EAW decision are set forth in part 4410.1100. Key points in the procedures include: 1. No.final government approvals may be given to the.project named in the petitions,.nor may construction on the project be started until ' the need for ari_EAW has been determined. Project constructions includes any activities which directly affect the environment, including preparation of land. If the decision is to prepare an EAW, approval must be withheld until either a Negative Declaration is issued or an Environmental Impact Statement (EIS) is completed (see part 4410.3100.). ' 2. A first step in making the•decision regarding the need for an EAW would be to compare the project to the mandatory EAW, EIS and Exemption categories listed in parts 4410.4300, 4.410.4400, and ' 4410.4600, respectively. If the project should fall under any of these categories, environmental review is automatically required or ' prohibited. If this should be case, proceed accordingly. 3. If preparation of an EAW is neither mandatory nor exempted, the City has the option to prepare an EAW. The standard to be used to decide ' if an EAW should be done is given in part 4410.1100, subp. 6. Note. that.this requires that a xecord of decision including specific findings of fact be maintained. ' 4. You are allowed 30 working days (Saturdays, Sundays and holidays do not count). for your decision if it will be made by a council, board, or other body which meets only periodically, or 15 working days if it will be made by a single individual. You may request an extra 15 ,N days from EQB if the decision will be made by an.individual. Wo y N Ca. RECEIVED LM ON 2 5 1996 LM IL CITY OF CHANHASSEN 0 C= 11 W14 Tali ENVIROBMENTAE OUAEITY BOARD, 858 SfDAR STREET, ST. PAUL, MN 55155 812 286 -2603 fAM 612 200 -3000 STAff PROVIDED BY D101111 '1 Ms.Aanenson Page Two 5. You must notify, in writing, the proposer, the petitioners' representative and the EQB of your decision within five working days. I would appreciate your sending a copy of your record of decision on the petition along with notification of your decision for our records. This is not required, however. 6. If for any reason you are unable to act on the petitions at this time (e.g., no application has yet been filed or the application has been withdrawn), the petitions will remain in effect for a period of one year, and must be acted upon prior to any final decision concerning the project identified in the petition. Notice of the petitions and its assignment to your unit of government will be published in the EQB Monitor on July 1, 1996. If you have any questions or need any assistance, please do not hesitate to call. The phone number is (612) 296 -8253 or you may call on our toll -free line by dialing 1- 800 - 657 -3794. 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C y • �ww + N 72 D> r = In 0 Z G wo Z Z N C A ;NA'� Zz° o zC T a F q Z zz o >> r�OrA Z��y z >am p +�z Nm A m O t° Z,v N i* m tiS O�p� i z m �� -Cv N m t >2 m N Oy N s 0 UN z - NCC U1 LAMOM In ° z H r^ Y SYE� � ro a o 1 1 1 � Treaties strip By John Mugford STAFF WRITER The next time you're asked where you live, instead of saying Chanhassen, use the phrase, "the hills of whitish -barked trees." If the person doesn't get it, explain that the city's name is derived from the ancient Native American description, "Can Ha San Pa -ha," which means, "woods, bark, whitish, and hills." The whitish - barked trees are sugar maples, which dominated the Chanhassen and Lake Minnetonka countryside. Yet, despite the fact that Chanhassen's name is derived from an Indian descrip- tion, as far as history books and histori- ans such as Waconia resident Arlo Hasse have determined, Chanhassen was not home to many major Native American villages prior to being settled by whites. There may have been some smaller Na- tive American settlements in prehistoric days, but the most recent Indians to settle in Carver County, the M'dwakanton band of the Dakota nation, never had major settlements in Chanhassen proper. It seems Chanhassen, as well as the Lake Minnetonka area, was simply prime hunt- ing and fishing grounds for Native Amer- icans, and a place where they would make maple syrup. It's also likely that Chan- hassen was the site of battles between the Dakota and Ojibway nations. However, in examining the history of Chanhassen and how it developed into what it is today, one must consider how the Dakota lost the land, and the rest of southern Minnesota, through a treaty signed with the United States government, according to Hasse, a local authority on Native American history and artifacts. Hasse has spent most of his life study - ini; the plight of the Dakota in the lower Minnesota River Valley. His interest be- gan when he was 9 and running around on the family farm south of Waconia. It was then that he found his first Native American arrowhead I've never stopped researching and spreading the word about the Indians since then," said Hasse, who despite being of German descent was adopted into the M'dwakanton band in 1977. He has a li- brary of 1,300 volumes on the history of Native Americans, including copies of the treaties the Dakota signed and copies of the eventual treaties that were ratified by Congress. He's also given hundreds, may- be even thousands, of presentations to local schoolchildren and adult organiza- tions over the years. In each of his talks, Hasse informs folks that he has come to the conclusion that the government was far from honest in June 1996 — Chanhassen Centennial Edition — Native Americans of their land its dealings with the Dakota, on many occasions changing the wording and dol- lar figures that the Dakota leaders had agreed to when signing treaties. "After this area was settled by whites and the Dakota waged war in the Dakota Conflict, the white settlers were fearful that the savage Indians would attack them in their homes," Hasse said. 'But even though thtie Indians did start the conflict, by that me they were completely stripped of their land and their dignity. There wasn't much to fear.' The M'dwakantons had dominated the lower Minnesota River Valley from about 1760, when they were forced from the Mille Lacs area by the Ojibwa, until the early- to mid- 1800s, when their land was taken by the United States government in a treaty signed in 1851 at Traverse de Sioux, a spot where the Dakota often crossed the Minnesota River. That treaty paved the way for white folks to settle Chanhassen and the rest of the county. In 1852 Joseph Vogel was the first white person to claim land in Chan- hassen. In 1854 Charles Galpin preached the first sermon, and in 1855 the first school was started The treaty had given the United States 24 million acres of land west of the Mis- sissippi River. For the land, the Dakota were promised $1.66 million, which came out to pennies an acre. The Dakota never received all they were supposed to have coming to them, according to Hasse. And why did they sign away their land? Hasse said the leaders of the Dakota na- tion, including Little Crow, the leader of the M'dwakanton band, were brought to Washington, D.C. and shown the might of the U.S. military. "Little Crow was not a coward, he was a realist," Hasse said. "He knew the Da- kota could not wage a war and come out with their lives if they fought the govern- ment. That's why he si ;ned the treaty." In addition to intimidating the Dako- ta's leaders, the government started a brainwashing campaign designed to make the Native Americans believe that their lives would be better under the guidance of the "Great White Father." Traders were told by the government to give the Indi- ans as much credit as they needed in or- der to convince them to sell their land Another stipulation of the treaty said that in exchange for the 24 million acres, the Dakota would receive a 70 -mile long, 20 -mile wide strip of land straddling both sides of the Minnesota River in the west- ern part of the state. When Congress rat- ified the treaty, the strip of land was re- duced to 10 miles wide. While the Indians were living on the strip of land, the government was respon- sible for distributing food and supplies to them. But, even though many were starv- ing and freezing one winter, the govern- ment's Indian agent, Andrew Myrick, re- fused to distribute the supplies, Hasse said. When the Dakota people pleaded with Myrick, he reportedly told them: "If your children are starving, let them eat grass." Shortly after, in the early 1860s, the Dakota nation waged war. Little Crow knew it would be a futile effort, but his people were insistent that they strike as soon as possible. "What would you do if your children were starving ?" Hasse says. "If not for the lazy agent named Andrew Myrick, the conflict would have been avoided." In their first surprise attack, the Dako- ta killed Myrick and filled his mouth with grass. Most of the ensuing battles took place in the western part of the state, nev- er coming closer to Chanhassen than Hutchinson, Hasse said. Eventually, the Dakota were defeated, and Little Crow and others fled to Cana- da. Thirty eight were captured and hung on the banks of the Minnesota River near Mankato. When Little Crow later returned to try to help his people, he was shot by some farmers near Hutchinson. At the time, the state of Minnesota was paying a bounty of $200 for the scalp of any Indian, from infants to 90 -year -old grandmothers, Hasse said. At the time, a 260 -acre farm could be purchased for $250.' In addition to telling the story of the treaties and the Dakota Conflict, Hasse also likes to clear up stereotypes people have of the Native Americans who lived in the area. For example, he says the term "Sioux," which is often used to describe the Dako- ta, is a misnomer and derogatory. The French had erroneously given the name to the Dakota. "Calling them Sioux Indians is like call- ing them snakes," Hasse said Also, the M'dwakantons of the area did not carry guns or travel on horses — as television and the movies have indicated — until they came in contact with whites. They were forest dwellers who traveled by foot or canoe, and hunted buffalo and planted crops. Hasse's favorite saying for explaining whyy he continues to spread what he says is ,the truth about the injustices to the Dakota comes from a wise Native Amer- ican, who said "You can't unring a bell. We can't turn back the calendar, but we can tell people what happened and why it happened" 1 W1 I N 511 i TO"JOHN MUOT"O Historian Arlo Hasse says Chanhassen probably wasn't home to major Na- tive American settlements, but the land was primarily used for hunting and fishing. PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET Description of Proposed Project: Town & Country Homes First Addition Preliminary Plat Approval, Site Plan Approval, and Wetlands Alteration Permit, Chanhassen, MN Representative of Petitioners: Lu Ann Sidney 2431 Bridle Creek Trail Chanhassen, MN 55317 612 -474 -3835 The undersigned petitioners request the Chanhassen Planning Commission and the Chanhassen City Council (collectively the "City ") to prepare an Environmental Assessment Worksheet ( "EAW "), pursuant to Minnesota Statute §116D, for the Town & Country Homes First Addition Preliminary Plat Approval, Site Plan Approval, and Wetlands Alteration Permit. We believe the EAW process would ensure that the City fully understands the environmental impact of the project prior to making any decisions concerning support of the project. We believe that the effects of the project on local resources would be significant and environmentally detrimental to the local ecosystems. This project has the potential to detrimentally affect: Surface water quality; Air quality; Groundwater quality; Wildlife, wildlife habitats, and migratory species; Endangered species; Historic and archeological resources; and other Aesthetic resources within the community. Impacts to Water Quality Potential Environmental Effect This project will cause significant detrimental impacts to both surface water and groundwater in the area. There are numerous ponds and watercourses located on the property that represent important surface water resources in the area. The proposed development will destroy these areas, forever altering the quality of Wetlands in the area. Additionally, because of known contamination on the property (See exhibit 'A" Phase I Environmental Assessment, received by City of Chanhassen, June 1, 1995) the effects of large scale construction at the site with no comprehensive remediation plan will damage groundwater resources in the area. n ' EAW Request Town and Country Homes First Addition ' Page 2 Evidence relating to potential for significant effect on Surface water and Groundwater Resources t The City of Chanhassen Planning Staff Report dated 6/5/96 (attached as exhibit "B" page 18 -19), indicates this project will result in the destruction of wetlands. The ' project will require a wetland's alteration permit. Recently the State of Minnesota has passed a new law dealing with the protection of Wetlands (Chapter 462, 1995 -96 legislative session). This law strongly embodies the goal of overall protection of ' Wetlands. The City has not fully integrated the requirements of this new law into its local Wetlands Ordinance. To allow this project to move forward will result in the destruction of Wetlands important to the surface water quality in the area. Once these Wetlands are destroyed, they can not be brought back, even if the revised local ordinance requires it. By not having a local Wetlands ordinance in place, the City cannot possibly evaluate the impact of this project on its overall plan for Wetlands and surface water management. Last year, another developer prepared a Phase I Environmental Assessment for ' the property ( sections attached as exhibit "A "). The results of this study showed numerous possible releases of petroleum and possibly pesticides and herbicides. The report suggested further subsurface investigations were required to determine whether ' these releases had impacted groundwater at the site. No further environmental study has been conducted by the developer of the property per the recommendations of Pinnacle Engineering report. The groundwater table is very close to the surface in this ' area, and these releases have likely contaminated the aquifer. There are also improperly abandoned wells on the property that could provide a conduit directly to the ' groundwater at the site. The current plan does nothing to address the potential for groundwater contamination at the site. I Wildlife Impacts t Potential Environmental Effects Development of the site will adversely affect wildlife in the area. Further, no one ' has completed an investigation to determine whether any Federal, or State listed endangered species or critical habitats are located on the property. ' Evidence relating to potential for significant effects on wildlife resources The property currently abounds with wildlife of all types. Neighbors listed below 1 will attest that deer, squirrel, mink, chipmunks, songbirds of all types (See exhibit "C "), and wild turkeys can routinely be seen at the site. During the spring and fall, many migratory birds utilize the Wetlands on site for stop overs on their long journeys. The ' site also likely contains protected plant life such as Trilliums. The City Staff Report (attached as exhibit "B," page 23) indicates that between 50% and 75% of the tree 1 EAW Request ' Town and Country Homes First Addition Page 3 coverage at the site will be removed as part of this project. The current development plans do not take into account any of the injurious effects this development will have on the local wildlife. Nor does it propose any mitigation measures for the destruction of habitat of species during construction. ' None of the documents produced to date for the project have addressed the issue of endangered species or protected habitat. Neither the City nor the developer has done any investigation to determine what if any endangered species may be on the property. Nor has any investigation been completed to identify critical habitat areas on ' the property for the protection of endangered species. Historic and Archeological Resources I Potential Environmental Impacts I Development of the site would potentially impact important historical and archeological resources. The property was a common camping point for native ' American's traveling from Shakopee to the islands of Lake Minnetonka. Evidence of Significant Impacts to Historic and Archeological Resources I The original farmstead located on the Property can be traced back to the Aspden family of the early 1850's. The farm was much larger at that time and encompassed the ' area that is now occupied by several subdivisions in the area. The history of the area figures prominently in the book, A Frontier Family in ' Minnesota, edited and translated by Ralph Bowen. In this book, the letters of the Theodore Bost family tell of their experiences in the Big Woods of basswood, maple and oaks and their neighbors, the Aspden family. For many years the book describes ' how Native Americans would stop at the stream just east of what is now Galpin Boulevard on their journey between Shakopee and Lake Minnetonka. The Property was a regular site of Native American encampments throughout this period and ' potentially holds a vast array of artifacts and treasures. Helen Aspden Hillier, a former resident of the neighborhood spoke with Gay Schmidt, a current resident of the neighborhood, about Native American camping witnessed by Helen's grandparents. , ' EAW Request Town and Country Homes First Addition Page 4 ' Aesthetic Resources ' Potential Environmental Impacts Development of the property will significantly and harmfully change the ' aesthetics of the property. Instead of a lightly developed area that is largely still wooded and wild, the site will become a mass of six -plex and eight -plex townhouse units that show nothing but a white wall to the street and to the neighbors. The ' neighborhood to the North is currently single family residential, and presents a smooth transition to light industrial. Even if the townhouses are built carefully, the character of the spot will change irrevocably from single family rural to urban. No natural barriers, ' such as trees or topographic features, currently exist that would act as a natural buffer between the sites. Finally, the proposed development would present a serious traffic risk to children going to school. Evidence of Significant Impacts to Aesthetic Resources ' The report of the City of Chanhassen Planning Staff indicates that this development will require an amendment to the comprehensive plan for the City (attachment "B," page 2) Surely a development cannot be consistent with the ' aesthetics of an area if it requires amending the comprehensive plan that City Officials worked so hard to create. Secondly, the proposed development presents a significantly different ' perspective to the current use of the property. Currently the property is heavily wooded and numerous surface water bodies dot the property. This would all change with the new development because numerous multi - family dwellings would be built on the property. This "white wall" of town homes would be a visual and aesthetic scar on the land and would turn this rural area into a view of urban development with its unsightly ' monoliths. Some placed on a hill towering above the surrounding neighborhoods. For evidence of these detrimental effects see the minutes of the Chanhassen Planning Commission attached as exhibit "D" page 19.) ' Additionally, the introduction of 140 new townhouses on Galpin Boulevard will significantly increase the traffic flow on this quiet street. There is a grade school ' located no more than half a mile directly north on Galpin Boulevard from proposed development. There are many children that walk, ride their bikes, and travel by school bus on Galpin Boulevard each school day. The introduction of this type of development will surely increase the potential for accidents and harm to the children as they go to school. ' Copies of this petition will be sent to the Minnesota Environmental Quality Board's Environmental Review Program Staff and the Chanhassen Villager. 1 EAW Request ' Town and Country Homes First Addition Page 5 ' I support the petition for an EAW for the Town and Country Homes First Addition as evidenced by my signature belo, -. 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Phone Number g- i o5q� Phone Number Address with Zip Code Phone Number Address with Zip Code Name (Please Pri t) ne Number r t Ignature Address with Zip Code io >ictM&C ✓l '��c -gy p _ `ln) —0 Name (Please Print) Phone Number ttr�- Signature � 0 Name (Plea Print) g a# re Name (Please Print) Address with Zip Code Phone Number Q, )6 p Address with Zip Code Oie?= f Phone Number I EAW Request Town and Country Homes First Addition Page 10 / k r C/ j Signat Address with Zip Code -s- ,f 317 ' j �64fe,V 4-::1 6 Id - /Ylf> Name (Please Print) Phone Number Signature Address with Zip Code n i awe ��� N 7,,' e(Please Print) 38. � ignafure � 39 ao 1 1 �Ctv� Name (Please Print) .Az;, �G ignature Name (Please Print) Signature Na as ri ) Signatur Name (Please Prints - Phone Number CK Address with Zip Code - Phone Number 3011 G Cyezl Address with Zip Code /U (612) LlC tr - �4 Phone Number Address with Zip Code Phone Number Address with Zip Gfo/ rr�4 Phone Number e r e, c Address with Zip Code' f;1, 1, -151; v 0- 7/7 . /7� ; 3 1 7 J s 9 116 -ph1 I Name ( lease Print) Phone Number EAW Request ' Town and Country Ho m First Addition 2�t Page e zo , 43. V9 n4fure Address with/Zip Code SS 31� Name i Phone Number 4 _ u�b L. v Signature Address with Zip Code fah S ck� , e 4 Name (Please Print) 45. Q Signature -5c / rn (i" /C 2 -5 `'� ` Name (Please Print) 46. w�-g Signature Grp K�qc S)Z 47 Name (Please Print) Signature C i Ild y ' S laCl! - NaM�e (Please Pri t)� )� (Please .- L-17 /_z y Phone Number Ic Address with Zip Code Phone Number Lit J �y Address with Zip Code L� 53-31 1 � - 7o 7 6x70 Phone Number ( , L � dt o YJ A' Address with Zip Code e Number Address with Zip Code �k �t Ll - n - e Phone Phone Number /- Uek, Address with Zip Code CIL 7 atA),DA , ALi� , J 1 40/ - Z) .5�a Name (Please Print) Phone,- Number 1 1 50. o u r s ,��ric�C' Sig ature " Address with Zip Code S"SJi l 4 (d i S: Nilson Ll 0 / - 07 q Name (Please Print) Phone Number EAW Request Town and Country Homes First Addition Additional Pages I support the petition for an EAW for the Town and Country Homes First Addition as evidenced by my signature below. Signature Na ( lease Ph t) 1 Signature 4 / Address with Zip Code j 2� -7 e Phone Number �.1 1 Address with Zip Code � T -�.K �`•J ":- ' ✓�� �J 1 4� D - fN . -<:� 1 ti Name (Please Print) Phone Number Signature J` Pf . Name (Please Print) Signature (12 Name (P ase Print) Signature Address with Zip Code ? �� 'cam ' Phone Number 1 Address with Zip Code c rJ�Iti��IssF�i �+� SS` Phone Number Address with Zip Code 1 �26)F Phone Number Address with Zip Code 7� 77.7 1 ` Name (Please Print) . 'Phone Number !I ' EAW Request Town and Country Homes First Addition Additional Pages I supp(, the petition for an EAW for the Town and Country Homes First Addition as Odenced by my signature below. CIJILQ Na �e (Please Print Signature h e� cr(tk N amq(Pleq - ise Print) ' ignatur 4 ' Nam e- Pfir*- Signature 1 0165 &C-Oa�- /Zo Address with Zip Code 0 `(- 0797 Phone Number Address with Zip Code 470 - &� Phone Number Address with Zi Code e -i ,r c .+ G ��� s�� - 7 rn �`� p G P- G(� c— S 1-3 Phone Number � ? 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Name (Please Print) 1 1 Address with Zip Code /v SY j7' 6--/A 2)G - y�- 3 Phone Number Address with Zip Code ' Phone Number ' 7'111_ Address with Zip Code Phone Number ' J - �i ��'�, �y��iL- � P l I �� �(�';Vl:►' �� • `- Address with Zip Code 55 T 5 &I Z _ -4 , -Ij�p-p 2 72-1 Phone Number Address with Zip Code �Z2/ Phone Num er ' Address with Zip Code / / / Phone Number EAW Request ' Town and Country Homes First Addition Additional Pages ' I support the petition for an EAW for the Town and Country Homes First Addition as evidenced by my signature below. Name (Please Print Pqk Name (Please Print) 'Signature N e (Please P nt Signature O'Mot L Name Please Print Signature Address with Zip Code !i�I Phone Number I Address with Zip Code 3 yW y,? yj Phone Number Address with Zip Code Phone Number 2_Zi 7 J 7L�ti�r G�rIG C' Address with Zip Code tij!Ss s i� Phone Number Address with Zip Code 4 Phone Number Address with Zip Code Phone Number 11 - Signature EAW Request Town and Country Homes First Addition Additional Pages I support the petition for an EAW for the Town and Country Homes First Addition as evidenced by my signature below. @ �) f '-, Signature ���s c( f/ ��,�.s�A) C Name (Please Print) C,-, d a cc Signature C. Lw % /uwl- Name (Please Print) Signature P (Pleas'e Print) Signature Name (Please P nt Signature A o E PA Name,'(Please Print) Name (Please Print) Address with Zip Code rn h s��f Phone Number , Address with Zip Code 41- 10 3 yS� Phone Number ' Address with Zip Code Phone Number ' Address with Zip Code 141 r 4 -� u -z Z Phone Number ' Z; f �,,Q �� Address with Zip Code 44 v Phone Number Z�z� V &"f V Address with Zip Code G kt a ct GI c2 SS-e cj T I - �VU Phone Number EAW Request 1 Town and Country Homes First Addition Additional Pages ' I support the petition for an EAW for the Town and Country Homes First Addition as evidenced by my signature below. ' Signature Address with Zip Code ' Name (Please Print)t Phone Number ' Signature Address with Zip Code - S Sli ; i S L� % p �� N I J �1;� rrvn Q C �a ' Name (Please Print) Phone Number S�- ' Signature Address with Zip Code Name (Plea'se Print) Phone Number ' S' ature Address with Zip Code 17 Name (Plea A Print) Phone Number ` Signature Address with Zip Code S r/e �.�� 1;1 0 e-1 70 Name (PWsp. ) Phon e Number Signatur Address with Zip Code 7 Na (Please Prin) Phone Number f `7 Li S{,Ie O t' A- e3 n EAW Request Town and Country Homes First Addition Additional Pages I support the petition for an EAW for the Town and Country Homes First Addition as evidenced by my signature below. Cko-,-, 1 9 C� ��.. 531 '7 Signat'ur� Address with Zip Code N e (Plea a Print) Signature Name I a nt 4� Sig ature Name.(Please Print) J� / - �13 � / Phone Number 1� 61-14 atJk- Address with Zip Code I U �si xy_ 1 Address with Zip Code 6 1el k - Phone Number ' Phone Number ' Address with Zip Code Phone Number Address with Zip Code ' vl � -U L i , Phone Number Address with Zip Code Phone Number , Name (Please Print) �!Id u Signature '\-, EAW Request Town and Country Homes First Addition Additional Pages I support the petition for an EAW for the Town and Country Homes First Addition as evidenced by my signature below. 1 1 Name P se Print) �; -6 , &041 Name (Plea a Print) 1 Signature Name (Please Print) signature me (Please Print) Address with Zip Code SS�17 Phone Number lam! C � SJ� Address with Zip Code Phone Number Z-0 55317 Address with Zip Code :z Phone Number Address with Zip Code Phone Number Oz f3:.) k�vf t61 1 (f4 , 4 S jC.v ,oe Address with Zip Code Phone Number Address with Zip Code Phone Number EAW Request Town and Country Homes First Addition Additional Pages I support the petition for an EAW for the Town and Country Homes First Addition as evide by 4 signature below. 221 p ; rc,.X drzerOc- Address with Zip Code X Name (PleaseNrit) SIP 9 ture -, j i,l L _ 1L- M I Lip &U6 Name (Please Print) Signature Name (Please Print) ignature \ Ickmc e. G Name (Please Print) SignatLWe MARI Name ( lease Print) - /7 O/I Name (Please Print) LI -I $( , Phone Number , Address with Zip Code i _11i:) - zi - ?D - 7q7) I Ph he Number 03i7 'f Address with Zip Code ' Phone Number ' l�l �r «1kC -. e C l6sSt�tl M l ss - Address with Zip Code Phone Number Address with Zip Code J " 7 '07 ( 6/9,) � 1 76 - 4Y , 6D,- Pho Number Address with Zip Code � //, �) - / y/ V Phone Number EAW Request Town and Country Homes First Addition Additional Pages Addition as evidenced by my signature below. I support the petition for an EAW for the Town and Country Homes First 2D�� z S��a, & eZA — ) Sig r� Address with Zip Cod Ync.7 Mime (Please Print) gnature -3(GMCS Wki I` Name (Please Print) * , I 's 9d" Signature Chas M �•,�,v\ Name (Please Print) t ign�atu�re Name Please P, int) Signature J aj6-�;- Phone Number Address with Zip Code PfZY-G 2$2 Phone Number �, �n -Nh�►� +ate M ✓ L2Z4 510-.. C&tL Y, D r Address with Zip Code c - M"J Phone Number Address with Zip Code �Y +-/ 4- Phone Number z F ( - Pa- C 1 M) JO Address with Zip Code XA .rss 1; 103 ' Name (Please Print) Phone Number n e re e i� D r • CkaAQ.s Se Signature Address with Zip Code 7 Name (Please Print) Phone Number U14 k-44-SSA r?1 n � EAW Request , Town and Country Homes First Addition Additional Pages I support the petition for an EAW for the Town and Country Homes First Addition as evidenced by my signature below. Signature Address with Zip Code ' Name (Please Pint) �7 Signature / J /C Name ( Ploase Print) 2 L '244�,Y Signature All /� eks Name (Please it nt), Signature � � - Q iS �u sT1� - �s•.� �% Name (Please Print) Ow ignature Phone Number Address with Zip Code Phone Number Address with Zip dode Phone Number Z11,4 Address with Zits Code Phone Number Address with Zip Qbde Phone Number a Address with Zip Code Name (Please Print) -Phone Number.