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3 Settler's West DevelopmentCITYOF CHAN EN 7700 Market Boulevard PO Box 147 Cqannassa~ MN 55317 Administration Building Inspections Ph.qne 952 227 !180 Fax 9522271190 Engineering Fax: 952 22711/0 Finance Phone: 952 2271140 Fax 9522271110 Park & Recreation PIlune: 952227 1120 Fax: 952227 1110 Recreation Center 2310 Coulter Boulevard Phone: 952227.1400 Fax: 952 227 1404 Planning& Natural Resources Phone: 9522271130 Fax 962.2271110 Public Works 1591 Park Road Phone; 952 2271300 Fax: 952 2271310 Senior Center Fax: 9522271110 Web Sile ¢.~,w c~ cr'anlsasser~ rnn us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: May 10, 2004 SUB J: Settlers West, Planning Case #04-05 EXECUTIVE SUMMARY The development proposal includes a request for a Comprehensive Plan Amendment to incorporate the property in the current Metropolitan Urban Service Area (MUSA); a Rezoning from A2, Agricultural Estate District, to RSF, Single Family Residential District; Subdivision Approval to create 58 lots (48 in Chanhassen), 8 outlots (3 in Chanhassen), and public right-of-way with a variance for street width; and a Wetland Alteration Permit to fill and alter wetlands on site. Staff has added condition 42 to the subdivision approval which requires the developer to pay the City of Chanhassen an amount of money equal to the number of lateral connection charges, trunk hook-up charges, and sewer availability charges (SAC) that are lost to the City of Chanhassen as a result of Pemtom not connecting with the City of Chanhassen's future sewer and water systems. This requirement had previously been included in the proposed joint powers agreement with Eden Prairie, but since the developer is not a party to the agreement, must be included as part of the subdivision. ACTION REQUIRED City Council approval requires a two-thirds majority of City Council for the Comprehensive Plan Amendment and a simple majority for the rezoning, subdivision, and wetland alteration permit. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on April 20, 2004 to review the proposed development. The Planning Commission voted 6 to 0 to approve the project modifying condition 1 to work with staff to reduce bluff impact and tree loss caused by Settlers Court, condition 7 to permit grading in the bluff impact zone to accommodate storm drainage and condition 40 permitting a 150-foot curve on Settlers West Road with appropriate signage; deleting condition 3, which stated that the project is premature without the approval of the subdivision in Eden Prairie; and adding condition 41 to require the developer to add 8-foot shoulders per state aid standards and 150-foot tapers on the end of each turn lane and lengthen the left turn lane to maximize its usefulness on Pioneer Trail, which staff has modified adding language recognizing Hennepin County's jurisdiction over Pioneer Trail. .S The Cily of Chanhassen, A growing community with clean lakes, quality schools a charming downt,n';m thriving businesses ,¢.,,in',i nO trails and [;eauti!ul par~s A gr~at place to hve work and play Mr. Todd Gerhardt Settlers West May 10, 2004 Page 2 The applicant has responded to the Planning Commission comments and specifically condition 1 by: · revising the lot lines to bring all lots into compliance with the ordinance · shortening the cul-de-sac by approximately 25 feet · eliminating the retaining wall in the right-of-way · shifting the grading limits approximately 10 feet and reducing the amount of grading · proposing that Lots 22, 23, 24, 26 and 27 be custom graded While these changes will save some trees and has the potential for saving significant trees, the developer has not currently established or calculated whether significant trees and/or a significant area of trees will be saved. Staff will continue to work with the developer to reduce grading and preserve trees within the development. The summary and verbatim minutes are item la of the City Council packet for May 10, 2004. RECOMMENDATION Staff and the Planning Commission recommend adoption of the motions approving the comprehensive plan amendment, rezoning, subdivision and wetland alteration permit as specified in the staff report dated April 20, 2004, as amended. ATTACHMENTS 1. Memo from Matt Saam to Bob Generous dated 5/3/04. 2. Planning Commission Staff Report Dated April 20, 2004. g:\plan\2004 planning cases\04-05 - settlers west\executive summary.doc CITYOF CHANHASSEN 770(} P,4arket Bou!eva~d PO Bsx 147 Cnani~asseu MN 5531~ ,~.dministralion Phone: 952227 !100 Fax 952 227 1IlO Building Inspections Phole 9522271 i80 Fi~x 9522271190 Fngioeering Phone: 952227 1160 Fax~ 952 227 1170 Finance Piqun,s: 952 2271140 Fax: 952227 1110 Park & Recreation Prk.ne 9522271120 Fax 952 2271110 Recreation Oe~ ter 2310 Coulter Bou evard Phgne: 9522271400 Fax 9522271404 Planning & Natural Resources Plone 9522271130 Fax: 952 22,71110 Public Works !591 Park Roa'l Ph )ne: 9522271300 Fsx a52 2271310 Senior Center Phor/e 952 22,71125 Fax 952 2271110 Web Site ,,',ww oi chaPhasserl mn us MEMORANDUM TO: Bob Generous, Senior Planner FROM: Matt Saam, Assistant City Engineer/1~1~ DATE: May 3, 2004 SUB J: Council Update on Preliminary Plat of Settlers West Land Use Review File No. 04-01 Originally, the following information was going to be included in the cooperative agreement for this project between the Cities of Eden Prairie and Chanhassen. It has since been decided to include the information in the development contract between the developer and the City. UTILITIES The City of Eden Prairie will provide sanitary sewer and water to the lots within the City of Chanhassen. The City of Chanhassen waives any right to assess the lots for future trunk or lateral sewer and water charges as long as the City of Eden Prairie provides such services. The developer will be required to pay the City of Chanhassen an amount of money equal to the number of lateral connection charges, trunk hook-up charges, and sewer availability charges (SAC) that are lost to the City of Chanhassen as a result of Pemtom not connecting with the City of Chanhassen's future sewer and water systems. The payment would be made at the time of the recordation of the final plat with the Carver County Recorder and would be based upon the rates in place at the time of final plat approval by the City of Chanhassen, multiplied by the number of buildable lots platted. Final plat approval, if given, will not be until such time as the MUSA Line extension is granted. The current rates per lot for the City of Chanhassen are $4,739 per unit for water lateral connection, $4,739 per unit for sanitary sewer lateral connection, $2,814 per unit for water trunk hook-up, $1,458 per unit for sanitary sewer trunk hook-up, and $1,425 per unit for SAC fees. These total $15,175 per lot. The applicant is proposing 48 lots for a total payment of $728,400. RECOMMENDED CONDITONS OF APPROVAL jms c: The developer will be required to pay the City of Chanhassen an amount of money equal to the number of lateral connection charges, trunk hook-up charges, and sewer availability charges (SAC) that are lost to the City of Chanhassen as a result of Pemtom not connecting with the City of Chanhassen's future sewer and water systems. The payment would be made at the time of the recordation of the final plat with the Carver County Recorder and would be based upon the rates in place at the time of final plat approval by the City of Chanhassen, multiplied by the number of buildable lots platted. Paul Oehme, City Engineer/Dir. of Public Works g:\cng\prqjects\settlcrs wcstXcc updalc 5-3-04.doc The City of Chanhassen · A gro'¢,, qg coqr~qLXS t? with ,sleir akes ',lua ity ,q,i:;ho()ls a ::?,~Jq 1 q,q rl,:,'c,r,t,$~,x' tf rivili! Lx~,qnssses '~%,iqding trails arx! L~'adhfui harks A gr(sat dace to lye ¢,,c, rk and [slab' CITY OF CHANHASSEN PC DATE: April 20, 2004 CC DATE: May 10, 2004 REVIEW DEADLINE: May 23, 2004 CASE #: 04-05 BY: RG, LH, TH, ML, JS, ST STAFF REPORT PROPOSAL: LOCATION: APPLICANT: Request for a Comprehensive Plan Amendment to incorporate the property in the current Metropolitan Urban Service Area (MUSA); a Rezoning from A2, Agricultural Estate District, to RSF, Single Family Residential District; Subdivision Approval to create 58 lots (48 in Chanhassen), 8 outlots (3 in Chanhassen), and public right-of-way with a variance for street width; and a Wetland Alteration Permit to fill and alter wetlands on site, on 55.6 acres (44.6 acres in Chanhassen), the Pemtom Land Company and Beatrice Zwiers, Settlers West. South of Pioneer Trail and east of the Hennepin County Regional Trail The Pemtom Land Company 7597 Anagram Drive Eden Prairie, MN 55344 (952) 937-0716 Beatrice Zwiers 11111 Duece Road Elko, MN 55020 PRESENT ZONING: Agricultural Estate District, A2 2020 LAND USE PLAN: Residential - Low Density ACREAGE: 44.6 DENSITY: 1.08 gross; 2.37 net SUMMARY OF REQUEST: The applicant is requesting a Comprehensive Plan Amendment to incorporate the property in the current Metropolitan Urban Service Area (MUSA); a Rezoning from A2, Agricultural Estate District, to RSF, Single Family Residential District; Subdivision Approval to create 58 single family lots (48 in Chanhassen), 8 outlots (3 in Chanhassen), and public right-of-way with a variance for street width; and a Wetland Alteration Permit to fill and alter wetlands on site. 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. Notice of this public hearing has been mailed to all property owners within 500 feet. Location Map Settlers West City of Chanhassen Planning Case No. 04-05 W. 96th Street ~. q.o , , E%%~o~, , · ' , : ' Cou~ ', , ", -, .),; .~ ' ,/ -~Subject Property ' ': ~:. ~o~' ' ' oo // ",. ~,,-~ . ~ , -: ,;~ ,' ~x~ ~ ' , ,,;' ' 'd~ota Lane .'. :-,,- _ "Z~ ..... RICE LAKE Settlers West Planning Case #04-05 April 20, 2004 Page 2 PROPOSAL/SUMMARY The project site is adjacent to the Settlers Ridge development and Richard T. Anderson Conservation Area in Eden Prairie. To the south is the Moon Valley mining operation as well as Minnesota River Valley bluffs. To the west are the Hennepin County Regional Trail and the Deerbrook subdivision. Access to the site is proposed via local streets in Eden Prairie which connect to Pioneer Trail. Sewer and water service is proposed by the City of Eden Prairie. The site is heavily vegetated in the southern portion of the property and on all the bluffs. Bluff areas surround the south side of the property. Wetlands exist on and adjacent to the property. The developer requires a Comprehensive Plan Amendment to permit the extension of sewer and water service from Eden Prairie. Currently, the property is located within the 2020 Metropolitan Urban Services Area (MUSA) as shown in the City's 2020 Comprehensive Plan. Due to the topographically isolated nature of the site, surrounded on the west, south and southeast by bluff areas, it would be very difficult and require significant environmental impacts to service this property through the City of Chanhassen. During the 1998 Comprehensive Plan Update, the Zwiers had requested to be included in the MUSA earlier than the projected year of 2015. At the time, staff was reluctant to remove any property from the City's service area. The Council concurred and the property was given a 2015 MUSA staging. Over the last few years, staff has examined service costs and different development scenarios. Because of the existing bluff line, there are two different development areas, the gravel pit below and the area above the bluff. If the site were to be developed with Chanhassen utilities, a road would have to be built between 212/Flying Cloud Drive and Pioneer Trail. This road would become a collector street based on the need for a north-south connection. This road would also have an impact on the bluff because of substantial grading. Therefore, staff agreed to work with Eden Prairie to provide utilities to service the upper bluff area. Since urban services are available through the Settlers Ridge development to the east and because access and urban services will be extended with the development of the lots in Eden Prairie, staff recommends that the project site be included in the 2000 MUSA. Rezoning the property from A2, Agricultural Estate District, to RSF, Single Family Residential District, is consistent with and implements the comprehensive plan and is therefore recommended for approval. The developer is requesting subdivision approval to create a 58-1ot single-family development (48 in Chanhassen), 8 outlots (3 in Chanhassen), and public right-of-way with a variance for street width; and a Wetland Alteration Permit to fill and alter wetlands on site. The development includes trail access to the Hennepin County Regional trail as well as the Richard T. Anderson Conservation Area and a tot lot, neighborhood gathering area. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The plans shall be revised to show wetland impacts and replacements. Settlers West Planning Case #04-05 April 20, 2004 Page 3 APPLICABLE REGULATIONS Chapter 18, Subdivisions Chapter 20, Article VI, Wetland Protection Chapter 20, Article XII, "RSF" Single-Family Residential District Chapter 20, Article XXVIII, Bluff Protection BACKGROUND A communication tower exists on the property. This tower and equipment building will need to be removed as part of the development. REZONING/COMPREHENSIVE PLAN The property is located within the 2020 Metropolitan Urban Services Area (MUSA) as shown in the City's 2020 Comprehensive Plan. Due to the topographically isolated nature of the site, surrounded on the west, south and southeast by bluff areas, it would be very difficult and require significant environmental impacts to service this property through the City of Chanhassen. Bringing the property into the current urban service area would permit the City of Eden Prairie to service the site with water and sewer in an efficient and effective manner. The property is guided in the comprehensive plan for Residential - Low Density Uses. The Residential - Low Density designation permits net densities of 1.2 to 4.0 units per acre. The Single Family Residential District, RSF, is consistent with this land use category. WETLANDS Existing Wetlands Ten wetlands exist on-site (Wetlands A through J). Of those, two ag/urban wetlands (E and G) and two natural wetlands (I and J) exist on the Chanhassen portion of the site. Wetland H is located in Chanhassen just off the northwest portion of the property along the Hennepin County Regional Trail Corridor. Westwood Professional Services, Inc. delineated the wetlands in December 2003. Wetland E is a Type 3 wetland located in the north central portion of the property. The wetland is dominated by cattail and reed canary grass. The wetland was created as a result of clay mining. The applicant is proposing to fill Wetland E. The total proposed impact to Wetland E is 13,330 square feet (0.31 acres). The applicant has received an incidental wetland exemption for this wetland fill. Wetland G is a Type 2 wetland located in the northeastern portion of the property. The wetland is dominated by reed canary grass. The wetland was farmed historically, but has not been cultivated for a number of years. The applicant is proposing to fill the wetland. The total proposed impact to Wetland G is 4,053 square feet (0.10 acres). The applicant has not provided details on wetland mitigation for this proposed impact. Settlers West Planning Case #04-05 April 20, 2004 Page 4 Wetland H is a Type 2 wetland located just off the northwest portion of the property along the Hennepin County Regional Trail Corridor. The wetland is dominated by switch grass and fowl bluegrass. The applicant is not proposing to impact this wetland. Wetland I is a Type 7 wetland located in the extreme southwest portion of the property. The wetland is dominated by sedge, cattail and willow. The applicant is not proposing to impact this wetland. Wetland J is a Type 7 wetland located in the extreme southwest portion of the property. The wetland is dominated by green ash, rough horsetail and reed canary grass. The applicant is not proposing to impact this wetland. On December 29, 2003, City staff conducted an on-site review of the delineations for Wetlands E, G and H. Westwood's delineation was confirmed by staff. Wetlands I and J were not field verified on December 29, 2003. Staff will field verify these wetlands in the spring if the final plans involve the discharge of pretreated storm water into these basins. Wetland Replacement Wetland replacement must occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The replacement plans should show fixed photo monitoring points for replacement wetlands. A five-year wetland replacement monitoring plan should be submitted. The applicant should provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. The applicant must receive approval of a wetland replacement plan prior to wetland impacts occurring. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) must be maintained around Wetland G (if it is not mitigated). A wetland buffer 10 to 30 feet in width (with a minimum average of 20 feet) must be maintained around Wetlands I and J. (Those buffers considered for PVC must maintain a minimum width of 16.5 feet.) 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. BLUFFS A large portion of the site has been identified as bluff (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe). These areas must be preserved. In addition, all structures must maintain a 30-foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). The preliminary grading, drainage and erosion control plan shows grading within the bluff impact zone on Lots 39 through 45. The plans should be revised to eliminate grading within the bluff impact zone. A conservation easement should be recorded over the bluffs and bluff impact zones. The developer should work with staff to develop and install appropriate markers to demarcate the bluff impact zone. A large amount of debris (including old cars, tires and appliances) has been discarded in the bluff areas of this parcel. The applicant should work with City staff to develop a plan for bluff management. The plan should include an assessment of the stability of bluff areas, an inventory of the discarded materials, a plan for the clean-up of bluff areas and a restoration plan for critical and/or severely eroded areas. The Settlers West Planning Case #04-05 April 20, 2004 Page 5 plan should also address reclamation of the Moon Valley site. The bluff management plan should be implemented prior to or concurrently with subdivision construction. GRADING~ DRAINAGE AND EROSION CONTROL The existing site over the Chanhassen lots has tree cover over approximately 10 acres. The existing bluff limit line surrounds all sides except a small portion at the northeasterly and northwesterly sides along the property lines. The plans propose to grade about 60% of the site for the new house pads, a proposed street, two cul-de-sacs and stormwater ponds. The proposed grading will prepare the site for full basement, look-out and walk-out house pads. Since the first plan submittal, the developer has done a better job of attempting to work with the existing topography and to minimize the amount of grading. Staff would encourage the developer to continue to work on minimizing the amount of grading in the rear yards of Lots 19-22. The applicant should be aware that the proposed retaining wall at the end of Settlers Court will not be allowed within the street right-of-way. Also, any retaining wall over four feet in height must be designed by a registered Civil Engineer in the State of Minnesota and it will require a building permit. The existing site drainage is encompassed within three different drainage areas. Under existing conditions, the northern part of the site drains off-site to an existing wetland to the north; the west/southwest portion of the site drains off-site to the County Railway corridor and eventually south to a tributary creek of the Minnesota River; the east/southeast portion of the site drains off-site over the existing bluff to the east. Under developed conditions, the applicant is proposing to capture all of the street drainage and all of the front-yard drainage. This stormwater will be conveyed via storm sewer to proposed ponds in the easterly and westerly center of the site for treatment. The proposed ponds must be designed to National Urban Runoff Program (NURP) standards with maximum 3:1 slopes and a 10:1 bench at the NWL. The outlet for the ponds is a proposed storm sewer which drains to the existing Hennepin County Regional Trail corridor. This drainage alignment will require a permit from Hennepin County. Additionally, the City will require that the developer obtain approval from Hennepin County for the City's use of the trail for maintenance access to the storm sewer. Drainage calculations for the site have been submitted and only minor changes remain. The applicant is required to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. Storm sewer sizing calculations must be submitted prior to final plat application. The storm sewer must be sized 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 applicant is proposing a combination berm/swale and storm sewer system for the rear yards of lots adjacent to the bluff. Staff is in favor of this design as it will help prevent future erosion issues with the bluff. Because of the sensitive nature of the site, staff recommends that Type III silt fence be used around the perimeter of the entire site. In addition, tree preservation fencing must be installed at the limits of tree removal. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes and traffic control plans. Settlers West Planning Case #04-05 April 20, 2004 Page 6 Storm Water Management Two storm water ponds are proposed for the Chanhassen portion of the site. The applicant has proposed to outlet Pond 3 to Pond 2 and pipe the outlet of Pond 2 down the bluff, through Outlot F and into the Hennepin County Regional Railway. The lots abutting bluff areas (Lots 12 through 39 and 46 through 50) should be graded to drain away from the bluff and bluff impact zone. In addition, a system of swales and storm sewer with surface inlets should be installed for the rear yards of the lots abutting bluff areas (Lots 12 through 39 and 46 through 50). The plans for the cross-country storm sewer on Outlot F should be more detailed. Erosion blanket, shade tolerant seed mix and fiber rolls are recommended to promote vegetation growth and temporarily stabilize the exposed slope. Similar measures are needed should the 20-foot maintenance access be developed. To provide cost-effective sediment removal within Pond 3, a forebay should be located at the northern end of the pond near the inlet. Easements A drainage and utility easement at least 20 feet in width should be centered over any swales and/or storm sewer, including pond inlets and outlets. Slopes within the easements should be gradual enough to permit access with heavy equipment. Erosion and Sediment Control In areas of steep topography and erosive soils, development can often increase storm water runoff volumes and rates. Due to severe compaction of soils during the grading phases and lack of adequate topsoil application, more storm water runoff results than the calculated runoff numbers. To alleviate this potential problem, adequate, non-compacted topsoil should be applied to a depth of at least 6 inches prior to the installation of permanent erosion control practices. Silt fence is needed at the HWL of storm water ponds once the ponds are final grade and stabilized with mulch and seed or blanket and seed. After excavation of slopes adjacent to bluff areas and prior to home building activities (such as excavating for foundations) the builders should install silt fence or other perimeter control (snow fence) to protect the temporary stabilization methods and final grade elevations. Often, the spoil from foundations will be spread on the lot and may alter the final grade elevations. Due to the sensitivity and minute elevation differences needed for drainage along the bluff areas, the final grade and erosion protection should be protected from disturbance and home building activities. Erosion control blanket should be installed on all slopes greater than or equal to 3:1. All exposed soil areas must have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: Settlers West Planning Case #04-05 April 20, 2004 Page 7 Type of Slope Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Street cleaning of soil tracked onto public streets should include daily street scraping and street sweeping as-needed. 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 $1,028/acre. Based on the proposed developed area of 23.93 acres, the water quality fees associated with this project are $24,600. Water Quantity 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 $2,545 per developable acre. This results in a water quantity fee of approximately $60,902 for the proposed development. SWMP Credits This project proposes the construction of two NURP ponds with outlet control structures. The applicant will receive a credit of $2,500 for each outlet structure. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $80,502. Other Agencies The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Lower Minnesota River Watershed District, Minnesota Pollution Control Agency, City of Eden Prairie, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. Settlers West Planning Case #04-05 April 20, 2004 Page 8 UTILITIES Municipal sanitary sewer and water for the development will be provided by the City of Eden Prairie. The plans propose on extending sewer and water from both Explorer Trail and Pioneer Trail to service the development. Overall, the utility layout looks fine and all of the utility improvements are required to be constructed in accordance with the City of Eden Prairie's latest edition of Standard Specifications and Detail Plates. Upon completion of the utility improvements, the utilities will be turned over to the City of Eden Prairie for maintenance and ownership. A joint powers agreement covering this unique situation is currently being negotiated between the cities. STREETS The plans propose on accessing the Chanhassen lots via Settlers West Road from the northeast through Eden Prairie. The required right-of-way for public streets is 60 feet wide with a 60-foot radius for cul- de-sacs. The applicant is proposing a 50-foot wide street right-of-way with a 28-foot street width from back-of-curb to back-of-curb. The standard pavement width for public streets in Chanhassen is 31 feet from back-of-curb to back-of-curb. In this case, staff is fine with the street width staying at 28 feet and the right-of-way of 50 feet. This size is consistent with the existing street width in Eden Prairie and it will provide more flexibility in grading the rear yards for the proposed lots. In addition, it appears that the centerline curve radius of Settlers West Road near Lot 18 is less than 180 feet, the required standard for a 30 mph street. As such, the plans must be revised to maintain a 180-foot curve radius. The proposed street access from Pioneer Trail will require approval from Hennepin County and the City of Eden Prairie. Since the last submittal, the applicant has provided information that a safe roadway design with adequate sight distances can be obtained with the addition of a westbound left turn lane on Pioneer Trail. However, there is insufficient pavement width on the bridge deck, just west of the proposed access, to incorporate a right turn lane into the site. TREE PRESERVATION AND LANDSCAPING The developer for the Settler's West development has submitted tree canopy coverage and preservation calculations. They are as follows: Total upland area (excluding wetlands) Baseline canopy coverage Minimum canopy coverage allowed Proposed tree preservation 44.6 ac. 64% or 28.4ac. 46% or 20.5 ac. 50 % or 22.2 ac. Developer meets minimum canopy coverage allowed. There are no bufferyard requirements for this development. There is one large stand of significant trees above the bluffs on site. The species found in that area are mostly basswood and sugar maple, with some oak and hickory. There are little to no invasive species found there. The wooded area provides excellent protection to the surrounding bluff and contains a Settlers West Planning Case #04-05 April 20, 2004 Page 9 large number of healthy and significant trees and should be preserved. Staff recommends that these tree be preserved to the fullest extent possible. Silt fence must be placed on the outside of the bluff impact zone boundary. No grading is allowed within that area; therefore the silt fence should be placed outside of it. PARKS AND OPEN SPACE On February 24, 2004, the Park and Recreation Commission reviewed the proposed Settlers West development. Justin Larson of Sathre-Berquist, Inc., representing the applicant, was present. Upon conclusion of presentations and discussion by the Commission, the following recommendation was forwarded: "Commissioner O'Shea moved, Commissioner Atkins seconded to recommend that the City Council require the following conditions of approval regarding parks, trails and trail connectors for Settlers West. 1. An internal trail or sidewalk connection to the Southwest LRT Trail shall be constructed. Appropriate public easements or outlots shall be dedicated to accommodate said trail. A sidewalk along Settlers West Road be constructed, connecting the entire neighborhood to the Richard T. Anderson Conservation Area, and that appropriate public easements or outlots be maintained to facilitate this connection. 3. Full park dedication fees ($134,400) shall be collected in lieu of parkland dedication." The developer's plans have incorporated conditions I and 2 as part of the project. The developer shall be responsible for paying park dedication fees at the time of final plat recording. The 2004 park dedication fees are $2,800 per dwelling unit. COMPLIANCE TABLE Lot Lot Sq. Ft. Ac. Width/Depth Note EP 1 24,536 0.56 EP 2 21,499 0.49 EP 3 21,084 0.48 EP 4 17,117 0.39 EP 5 14,233 0.33 6 16,526 0.38 149 136 7 15,634 0.36 95 169 8 20,188 0.46 96 217 Pond 9 20,836 0.48 106 226 Pond 10 18,438 0.42 128 201 Pond 11 17,854 0.41 94 189 Bluff Settlers West Planning Case #04-05 April 20, 2004 Page 10 Lot Lot Sq. Ft. Ac. Width/Depth Note 12 16,882 0.39 92 163 Bluff 13 16,642 0.38 82 @ 156 Bluff 14 17,469 0.4 82 @ 162 Bluff 15 16,222 0.37 86 @ 158 Bluff 16 15,673 0.36 94 167 Bluff 17 17,365 0.4 94 174 18 21,142 0.49 268 149 19 15,934 0.37 114 171 Bluff 20 20,360 0.47 94 218 Bluff 21 20,504 0.47 82 # 232 22 18,649 0.43 106 206 23 16,510 0.38 103 176 24 22,086 0.51 45 # 149 Bluff 25 22,162 0.51 163 137 Bluff 26 15,570 0.36 114 149 Bluff 27 16,937 0.39 106 153 Bluff 28 20,771 0.48 98 135 Bluff 29 23,721 0.54 104 139 Bluff 30 18,446 0.42 237 129 Bluff 31 15,802 0.36 114 169 Bluff 32 15,023 0.34 97 158 Bluff 33 15,403 0.35 100 162 Bluff 34 17,289 0.4 94 183 Bluff 35 18,243 0.42 92 181 Bluff and storm sewer access 36 19,799 0.45 79 @ 176 Bluff and storm sewer access 37 21,533 0.49 79 @ 168 Bluff 38 16,592 0.38 79 @ 153 Bluff 39 15,154 0.35 83 @ 147 40 16,404 0.38 94 174 Pond 4l 17,850 0.41 140 232 Pond and storm sewer access 42 20,347 0.47 132 282 Pond and storm sewer access 43 25,643 0.59 108 291 Pond 44 22,907 95 95 250 Pond 45 22,077 91 91 220 Pond 46 21,900 0,5 84 @ 197 47 17,746 0.41 91 181 48 17,570 0.4 110 191 49 17,799 0.41 94 189 50 16,283 0.37 94 172 51 16,522 0.38 86 @ 159 52 15,227 0.35 87 @ 149 Wetland 53 15,457 0.35 68 @ 137 Wetland Settlers West Planning Case//04-05 April 20, 2004 Page 1 l Lot Lot Sq. Ft. Ac. Width/Depth Note EP 54 15,512 0.36 Williams Pipeline EP 55 16,879 0.39 Williams Pipeline EP 56 28,201 0.65 Williams Pipeline EP 57 25,510 0.59 Williams Pipeline EP 58 20,153 0.46 Williams Pipeline EP Outlot A 94,146 2.16 Wetland EP Outlot B 2,300 0.05 Pioneer Trail EP Outlot C 100,229 2.3 Wetland and Pond EP Outlot D 1,293 0.03 Trail EP Outlot E 13,180 0.3 Tot Lot Outlot F 898,749 20.63 Bluff Area Outlot G 8,550 0.2 Gazebo Outlot H 5,976 0.14 Trail ROW 213,008 4.89 Streets Total 2,423,242 55.63 @ Meets mimmum lot width at the building setback line. # Does not meet minimum lot width. Lot 21 must have a minimum street frontage of 90 feet on Settlers West Road and Settlers Court. Lot 24 does not meet the minimum lot width at the 30 foot building setback line. The lots in the area need to be reconfigured to assure that the minimum frontage is provided. Alternatively, the applicant could delete two lots, which would eliminate the need for Settlers Court, reducing development costs and preserving additional tree canopy in this area. Setabacks: 30 feet front yard, 30 feet rear yard and i0 feet side yard. 30 feet setback from the top of the bluff. 40 feet setback from the wetland buffer edge. RECOMMENDATION Staff and the Planning Commission recommends that the~r'~ n~:~ ~ r,~__:~: ~ City Council adopt the following four motions based on the findings of fact in the attached findings of fact and recommendation: ao ;;Tho r~l~;~ t-,~__~;.~: .......... .~ ......... 1 ,~=t'i~v Council approves the Comprehensive Plan Amendment to inco~orate the prope~y in the 2000 Metropolitan Urban Service Area (MUSA). "The m~__:..~ r~:~: .......... a ......... , ~c City Council approves the Rezoning of the property from A2, Agricultural Estate District, to RSF, Single Family Residential District." Co "The r,~:~ ~^~_:~: .......... , ......... ~ ~c City Council approves the preliminary plat (Subdivision) to create 48 lots, three outlots and public right-of-way with a variance for street width, subject to the following conditions: Settlers West Planning Case #04-05 April 20, 2004 Page 12 applicant will work with s~ff to reduce bluff impact and tree loss caused by Settlers Court. The development of the property is contingent on Eden Prairie approving the subdivision within their jurisdiction. Without the road access and sewer and water service, this project would be premature. The developer shall be responsible for paying park dedication fees at the time of final plat recording. Wetland replacement must occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant must receive approval of a wetland replacement plan prior to wetland impacts occurring. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) must be maintained around Wetland G (if it is not mitigated). A wetland buffer i0 to 30 feet in width (with a minimum average of 20 feet) must be maintained around Wetlands I and J. (Those buffers considered for PVC must maintain a minimum width of 16.5 feet.) 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. Bluff areas must be preserved. All structures must maintain a 30-foot setback from the bluff and no grading, except for the areas identified for site drainage as shown in the approved grading plan, may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). The plans shall be revised to eliminate grading within the b!ufl impact ze, ne on Lets 39 through 45. A conservation easement shall be recorded over the bluffs and bluff impact zones. The developer shall work with staff to develop and install appropriate markers to demarcate the bluff impact zone. The applicant should work with City staff to develop a plan for bluff management. The plan should include an assessment of the stability of bluff areas, an inventory of the discarded materials, a plan for the clean-up of bluff areas and a restoration plan for critical and/or severely eroded areas. The plan should also address reclamation of the Moon Valley site. The bluff management plan should be implemented prior to or concurrently with subdivision construction. Settlers West Planning Case #04-05 April 20, 2004 Page 13 The lots abutting bluff areas (Lots 12 through 39 and 46 through 50) should be graded to drain away from the bluff and bluff impact zone. In addition, a system of swales and storm sewer with surface inlets should be installed for the rear yards of the lots abutting bluff areas (Lots 12 through 39 and 46 through 50). 10. The plans for the cross-country storm sewer on Outlot F should be more detailed. Erosion blanket, shade tolerant seed mix and fiber rolls are recommended to promote vegetation growth and temporarily stabilize the exposed slope. Similar measures are needed should the 20-foot maintenance access be developed. 11. To provide cost-effective sediment removal within Pond 3, a forebay should be located at the northern end of the pond near the inlet. 12. A drainage and utility easement at least 20 feet in width should be centered over any swales and/or storm sewer, including pond inlets and outlets. Slopes within the easements should be gradual enough to permit access with heavy equipment. 13. Adequate, non-compacted topsoil should be applied to a depth of at least 6 inches prior to the installation of permanent erosion control practices. 14. Silt fence is needed at the HWL of storm water ponds once the ponds are final grade and stabilized with mulch and seed or blanket and seed. 15. After excavation of slopes adjacent to bluff areas and prior to home building activities (such as excavating for foundations) the builders should install silt fence or other perimeter control (snow fence) to protect the temporary stabilization methods and final grade elevations. 16. Erosion control blanket should be installed on all slopes greater than or equal to 3:1. All exposed soil areas must 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 Time Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 17. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. 18. The total SWMP fee, due payable to the City at the time of final plat recording, is $80,502. Settlers West Planning Case #04-05 April 20, 2004 Page 14 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Lower Minnesota River Watershed District, Minnesota Pollution Control Agency, City of Eden Prairie, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall be in place and maintained until all construction is completed. In no areas shall the fencing be placed within the bluff impact zone. Any trees removed in excess of proposed tree preservation plans, dated 1/16/04, will be replaced at a ratio of 2:1 diameter inches. Any trees removed must either be chipped or hauled off site. No burning permits will be issued. Silt fence must be placed outside of the bluff impact zone boundary. 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 fire hydrants can be quickly located and operated by firefighters. Pursuant to Chanhassen City Ordinance #9- 1. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during time of construction except when approved, alternate methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of roadways allows passage by vehicles in accordance with Section 505.2 of the Minnesota Fire Code. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. Demolition permits must be obtained prior to demolishing any structures on the site. As utility service will be provided by the City of Eden Prairie, responsibility for permits and inspections of the private sewer and water services must be determined. 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 ponds must be designed to National Urban Runoff Program (NURP) standards. The storm sewer must be designed for a 10-year, 24-hour storm event. Submit storm sewer sizing calcs and drainage map prior to final plat for staff review and approval. 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 Settlers West Planning Case #04-05 April 20, 2004 Page 15 level. The minimum easement width shall be 20 feet wide. 32. Because of the sensitive nature of the site, staff recommends that Type III silt fence per City detail plate #5300 be used around the perimeter of the entire site. Also, remove the silt fence detail from the preliminary grading plan (sheet #8.) In addition, tree preservation fencing must be installed at the limits of tree removal. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes and traffic control plans. 33. Revise the storm sewer pipe diameter from 12-inch to 15-inch minimum. 34. Permits from the appropriate governmental agencies must be obtained including: MPCA, Watershed District, Hennepin/Carver County. 35. On the grading plan: a. Add a 4-inch perforated drain tile at street low point, 4-feet in back of curb. b. Show the benchmark used for the site survey. c. The walkout elevation of Lot 12 must be a minimum of 1.5 feet above the adjacent emergency overflow elevation. 36. Last storm structure that is road accessible prior to pond must be a 3-foot sump manhole. 37. The proposed retaining wall at the end of Settlers Court will not be allowed within the street right-of-way. Also, any retaining wall over 4-feet in height must be designed by a registered Civil Engineer in the State of Minnesota and it will require a building permit. 38. Extend the 5-foot sidewalk to the south end of Settlers West Road. 39. The developer must obtain approval from Hennepin County for the City's use of the trail for maintenance access to the storm sewer. 40. The plans .,must be re¥ised tc maintain a ! 89 foot curve radius The plans are ~ acceptable with the 150 foot curve radius, but the applicant will be required to install mitigation signage. 41. The applicant is required to add 8-foot shoulders per state aid standards and 150-foot tapers on the end of each turn lane and lengthen the left turn lane to maximize the usefulness of the lane and/or comply with Hennepin County's requirements for improvements to Pioneer Trail. 42. The developer will be required to pay the City of Chanhassen an amount of money equal to the number of lateral connection charges, trunk hook-up charges, and sewer availability charges (SAC) that are lost to the City of Chanhassen as a result of Pemtom not Settlers West Planning Case #04-05 April 20, 2004 Page 16 connecting with the City of Chanhassen's future sewer and water systems. The payment would be made at the time of the recordation of the final plat with the Carver County Recorder and would be based upon the rates in place at the time of final plat approval by the City of Chanhassen, multiplied by the number of buildable lots platted." De "The Planning C.~wxr~?.zz:.zn rzzz:r.~nzn2z a?'F.r.%'~ zf City Council approves the Wetland Alteration Permit to fill and alter wetlands on site, subject to the following conditions: 1. The applicant shall provide details on wetland mitigation for proposed impact to Wetland G. 2. Staff will field verify Wetlands I and J if the final plans involve the discharge of pretreated storm water into these basins. o Wetland replacement must occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The replacement plans should show fixed photo monitoring points for replacement wetlands. A five-year wetland replacement monitoring plan should be submitted. The applicant should provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. The applicant must receive approval of a wetland replacement plan prior to wetland impacts occurring. ° A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) must be maintained around Wetland G (if it is not mitigated). A wetland buffer 10 to 30 feet in width (with a minimum average of 20 feet) must be maintained around Wetlands I and J (those buffers considered for PVC must maintain a minimum width of 16.5 feet). 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 applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Lower Minnesota River Watershed District, Minnesota Pollution Control Agency, City of Eden Prairie, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval." ATTACHMENTS: 1. Findings of Fact and Recommendation 2. Development Review Application 3. Letter from Daniel J. Herbst to Mayor, Council, Planning Commission and Staff dated 1/14/04 4. Reduced copy of Preliminary Site Plan 5. Reduced copy of Preliminary Plat 6. Reduced copy of Existing Conditions Plan 7. Reduced copy of Tree Inventory 8. Reduced copy of Pioneer Trail Plan 9. Agenda Eden Prairie Community Planning Board 4/12/04 10. Eden Prairie Staff Report for Settlers West Dated 4/8/04 11. Letter from Aaron Mlynek to Robert Generous dated 4/9/04 Settlers West Planning Case #04-05 April 20, 2004 Page 17 12. Letter from James N. Grube to Danette Moore dated 4/8/04 13. Letter from John Tripp to Bob Generous dated 4/6/04 14. Letter from Justin A. Larson to Kate Aanenson dated 3/24/04 15. Email Copy from Allan Klugman to Mary Krause, Randy Newton and Dan Herbst dated 3/15/04 16. Memo from Engineering Division (Eden Prairie) to Development Review Committee dated 3/11/04 17. Letter from Robert H. Byers to Mary Krause dated 2/25/04 18. Email from Rich Miller to Matt Saam dated 2/15/04 19. Affidavit of Mailing Notice, Public Heating Notice and Mailing List g:\planL2004 planning cases\04-05 - settlers westXstaff report settlers west revised.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of The Pemtom Company and Beatrice Zwiers for a Comprehensive Plan Amendment to incorporate the property in the current Metropolitan Urban Service Area (MUSA); a Rezoning from A2, Agricultural Estate District, to RSF, Single Family Residential District; Subdivision Approval to create 58 lots (48 in Chanhassen), 8 outlots (3 in Chanhassen), and public right-of-way with a variance for street width; and a Wetland Alteration Permit to fill and alter wetlands on site, on 55.6 acres (44.6 acres in Chanhassen), Settlers West - Planning Case No. 04-05. On April 20, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of The Pemtom Company for comprehensive plan amendment, rezoning, preliminary plat approval with a variance for street width and wetland alteration permit for development of property. The Planning Commission conducted a public hearing on the proposed subdivision 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 use. 3. The legal description of the property is: that part of the East Half of the Southeast Quarter of Section 25, Township 116, Range 23, Carver County, Minnesota, which lies southeasterly of the southeasterly right-of-way line of the Hennepin County Regional Railroad Authority, in Carver County, Minnesota, per Property Map No. 15 as recorded in Document No. 189395 (formerly the Chicago and Northwestern Railroad Company). 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: (a) (b) (c) The proposed subdivision is consistent with the zoning ordinance; The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; 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; (d) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; (e) The proposed subdivision will not cause environmental damage; (f) The proposed subdivision will not conflict with easements of record; and (g) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: (1) (2) (3) (4) Lack of adequate storm water drainage. Lack of adequate roads. Lack of adequate sanitary sewer systems. Lack of adequate off-site public improvements or support systems. 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) b) c) d) e) 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 proposed use is or will be compatible with the present and future land uses of the area. The proposed use conforms with all performance standards contained in the Zoning Ordinance. The proposed use will not tend to or actually depreciate the area in which it is proposed. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. Traffic generation by the proposed use is within capabilities of streets serving the property. o VARIANCE FINDINGS (a) The hardship is not a mere inconvenience. (b) The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. (c) The conditions upon which the request is based are unique and not generally applicable to other property. (d) 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. The planning report #04-05 dated April 20, 2004, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Comprehensive Plan Amendment incorporating the property in the 2000 Metropolitan Urban Service Area, rezone the property from A2 to RSF, Preliminary Plat creating 48 lots, three outlots and right-of- way for public streets with a variance for the public street and right-of way width and a wetland alteration permit to alter and fill wetlands on site. ADOPTED by the Chanhassen Planning Commission this 20th day of April, 2004. CHANHASSEN PLANNING COMMISSION BY: Uli Sacchet, Its Chairman g:\planL2004 planning cases\04-05 - settlers west\findings of fi~ct doc 3 CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: The Pemtom Land Company OWNER: Beatrice Zwiers ADDRESS: ?597 Anagram Drive ADDRESS: 11111 Duece Road Eden Prairie, HN 55344 Elko. HN 55020 TELEPHONE (Day time) 9 5 2- 9 3 7- 0 7 16 TELEPHONE: 9 5 2 - 4 6 1 - 2 1 8 0 Comprehensive Plan Amendment $ 6 0 0 Conditional Use Permit Intedm Use Permit Non-conforming Use Permit Planned Unit Development* __ Temporary Sales Permit Vacation of ROW/Easements Variance .y__Wetland Alteration Permit {51 5 0 . Zoning Appeal _.~ Rezoning $ 5 0 0 Zoning Ordinance Amendment Sign Permits _. Sign Plan Review Notification Sign Site Plan Review* --~. SubdMsion* X Escrow for ~ Fees/Attomey Cost*~ ~ .J .... ,~ ~. ~,($50 CUP , t_e,~.L, ? ~. TOTAL FEE $ 2.9 $ 5 $1 ,335 A list of all property owners within 500 feet of the boundaries of the property must be Included with the application. We request that the City provide a mailing list for Carver County. 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 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 Settlers West LOCATION Intersection of Pioneer Trail and Hennepin County R.R. LEGAL DESCRIPTION See Attached TOTAL ACREAGE 5 5.6 + WETLANDS PRESENT X YES NO PRESENT ZONING A 2 REQUESTED ZONING R S F PRESENT LAND USE DESIGNATION Low Density Residential REQUESTED LAND USE DESIGNATION Low DEnsity Residential REASON FOR THIS REQUEST Construction of a residential - sanitary development with and water s;~rvice to be provided from Eden Prairie 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 specirK: ordinance and procedural requirements applicable to your application. A determination of completeness o} the appliCaUon shall be made within ten business days of application submittal. A wdtten · notice of application def~:iencies shall be mau3ed to the applicantwithin ten business days of application. This is to certify that I am making appr~cation for the descn'bed action by the City and fiat 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 pady 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 T'~le, Abstract of T~tle 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, feas~lity stu(fx~, 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. ext~for development review. Signature of Signature of I~ee Owner 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 Development review shall be completed within 120 days unless additional review Date Date Fee Paid ~ ,~' I~ ~ Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant'S address. ** Individually and as an officer of Moon Valley Aggregates, Inc. MOON VALLEY PRELIMINARY P!C.T Tha~: par~ of the East Half of ~l*.e Southeast Quar~er of Section 2~, Township 'i 16, Rc. nge 23, Carver Count,, Minnesota, which lies southeasterly of tha southeasterly right-of-way line o.f ~e HENNEPIN COUNTY P, EGIONAL RAILROAD AUTHORITY, Camcer County, Minnesota per Propert7 Map No. 15 as recolded In Document No. 189395 ( formerly the Chlc~,go and F!ollhwestel.'n Railway Company). Lot I, Block 1 DORENKEMPER ESTATES, according to the F~-"a~ed plat thereof. Contains: 55.63 Acres. Hennepln County, Minneso[~, W:~ProjecL.ASg(t5-004 MOON VALLE*,~Jnfo~EC-:-C,L DESCRIPTIONSV~IOON VAII ~ Phase Ons(01022003).doc The Pemtom Land Company 7597 ANAGRAM DRIVE EDEN PRAIRIE, MINNESOTA 55344 (952) 937-0716 · FAX (952) 937-8635 TO: SUBJECT: DATE: Honorable Mayor, Members of the City Council, Chairperson and Members of the Planning Commission (Board) and Professional Staff Settlers West January 14, 2004 We are pleased to present to you a proposal for a new neighborhood of single family detached custom homes on the existing Moon Valley property. BACKGROUND: The Moon Valley Property, for you history types, was one of the early downhill ski areas developed in the fifties with a rope tow. The rope tow used an old um-eliable tractor engine with pulleys made from car tire rims mounted on used telegraph poles. Ask your parents about the telegraph. Subsequent to that, the owners mined the rich gravel prevalent on the Minnesota River Bluff. The mined area of the pit has been and is currently used as a shooting range for rifles, pistols and shotguns. The pit has realized a great deal of erosion through the years and on quiet days or days with southern winds the range noise is an aggravation for all the neighbors. A very unsightly radio transmission tower also exists on the upper plateau of this site. The current owner, subject to approval of the final plat and Developer's Agreement for this site, will discontinue all of the above undesirable uses and will agree to stabilize the mined area of the site. There is believed to be some additional gravel on the western edge of the pit not located in the bluff that once removed will allow the entire area to be graded for future land uses per the Comprehensive Plan of the City of Chanhassen. As a part of the Developer's Agreement the City will approve a grading and drainage plan for the lower plateau area. This plan will provide for the stabilization of the existing mined area including appropriate erosion control and restoration measures as well as a plan to control storm water. THE PROPERTY: The land area consists of approximately 131 acres of which 56 acres are in the upper plateau. 11 acres of this upper area fronting on Pioneer Trail are within the City of Eden Prairie and 45 acres of the upper area are in the City of Chanhassen. This area is guided Iow-density housing in both Cities. The lower area consisting of approximately 75 acres is guided high-density housing, office/industrial and commercial. This area has extensive frontage along U. S. Highway 212. The Eastern portion of the site on the upper plateau abuts land in Eden Prairie that includes Settlers Ridge, a residential community of 220 homes, and the lower mined area of the site abuts the beautiful wooded Richard T. Anderson Conservation Area. The shooting range is adjacent to existing Eden Prairie trails within the Conservation Area. The entire west boundary of the site is along the Hennepin County Regional Railway Corridor. Settlers West January 14, 2004 Page 2 PLAN: The proposed plan is to only develop the upper plateau of the site into quality single family lots. The lower area of the site, all located in Chanhassen, would be graded to balance the earthwork and to provide the necessary erosion protection, restoration, and storm water ponding to prevent further unsightly and detrimental erosion from the site as it currently exists. The lower area is proposed to be developed per the Comprehensive Plan at a future date when utilities are available to serve this area. After extensive study by the staffs of both Cities it was determined that the only logical way to develop the upper plateau would be to provide utilities from the City of Eden Prairie via Pioneer Trail and existing water and sewer lines stubbed from Settlers Ridge to the East. To provide utilities now or anytime in the future through the City of Chanhassen would be very, very costly and would do serious damage to the wooded bluff areas of this site. The majority of the land in Chanhassen abutting this site to the West is already developed into large estate type lots with private sewer and water systems. The homeowners in this area may not need or want public utilities from the City of Chanhassen until some unknown time in the future and even at that time it would be extremely difficult to cross the Hennepin County Regional Railway Corridor with these utilities. Upon approval a Joint Powers Agreement will be in place to reimburse the City of Eden Prairie for the utility services to the upper area lots located in Chanhassen Chanhassen will be able to develop the lower area of the Moon Valley Property when utilities are scheduled for that area. Access to the proposed lots in the upper area will be from the North offPioneer Trail and from the East using the existing dead ended street Explorer Trail built in Settlers Ridge. Due to the existing wooded bluff and nearly 200 feet of elevation difference between the upper and lower parcels no road system is proposed as a connection to the South. Specifically the plan will be to develop lots that will compliment the existing homes to the East in Eden Prairie and to the West and North in Chanhassen. The lots will be designed to accommodate custom homes. Build out of the 61 lots is proposed over a 3-5 year time period depending on market conditions. The entrance off Pioneer Trail "Settlers West Road" will be unique with the enhancement and restoration of existing wetlands located on each side of the current field drive. A pleasant, meandering road will traverse the site southerly terminating with two Cul De Sacs serving several lots with spectacular views overlooking the wooded bluff and the entire Minnesota River Valley. The streets will be public and will be maintained by the respective municipality in which they are geographically located. The future homeowner's children will attend the schools based on the boundaries of existing school districts. Thirteen home sites will be located in the City of Eden Prairie and forty-eight home sites will be located in the City of Chanhassen. Extensive studies have been completed regarding trees, topography, bluffs, utility service, wetlands, and storm water. Through the development review and approval process we will work with both Settlers West January 14, 2004 Page 3 Cities to meet the Cities' goals in all of these areas while providing quality home sites for the future residents. Pemtom's goal is to exceed the expectations of both Cities and create a long-term asset to the surrounding neighbors and community as a whole. We respectfully request your approval of this outstanding new neighborhood. DEVELOPMENT TEAM: The development team will consist of the Pemtom Land Company, Sathre-Bergquist, Inc. and Westwood Professional Services. This is an experienced team with over 100 combined years in the profession of creating high quality neighborhoods throughout the area. DEVELOPER: The Pemtom Land Company has been active in building and developing in the Metropolitan area since 1963. Adjacent neighborhoods created in the vicinity include, Crimson Bay in Chanhassen, Trillium Bay and Eagle Bluff.in Minnetrista, Swiss Mountain in Victoria, Wynnfield on Dell Road and Settlers Ridge in Eden Prairie. Other neighborhoods in Eden Prairie include Entrevaux, Kingston Ridge, St. Johns Wood and Normandy Crest. On Lake Minnetonka our neighborhoods include Chimo, McCarthys Woods, Brynmar Place, Carsonwood, and Greenwoods on the Lake. SATHRE-BERGQUIST, INC.: Sathre-Bergquist will prepare plans, surveys, plats, and engineering works. Sathre--Bergquist, Inc. is a Land Surveying and Engineering firm located in Wayzata, Minnesota. Our firm has been providing planning, engineering, and surveying services for commercial and residential development projects for over 25 years in communities throughout the Metropolitan area. Over the years we have designed and worked with our clients to develop numerous sites in both Chanhassen and Eden Prairie. Our goal as designers and engineers is to work with the natural features of sites to create quality home sites with appealing streetscapes using curvilinear streets varying in elevation that draw people to these sites. Then, hopefully, they will become homeowners and residents of the city. WESTWOOD PROFESSIONAL SERVICES: Westwood Professional Services has provided land development consulting services for over 32 years. Westwood's approach to the environment is to provide quality places to live, work, and play while protecting our natural resources to the greatest extent possible. Our team of wetland scientists includes over 35 years of experience in wetland delineations, and mitigation designs. Sincerely, THE PEMTOM LAND COMPANY Dan~~/~ President DJH/idt ~5:~J4 9529498392 ,c en Prairie EDEN PRAIRIE PAGE ~2 ~, ~) 8080 Mitchell Read · Eden Prairie, MN 55344-4485 - edenpratrte.org, 952-949-8300 · TDD 952-949-8399 Januat2¢ 26, 2003 Mr. Daniel Herbst Pemtom Land Company 7597 ~lagr~n Drive Eden Pradrie, MN 55344 Re: Development Review Committee Meeting - Settlers West Dear Mr. Herbst: On Thursday, January 22, 2004, the Staff Development Review Cominittee met to discuss the ptaus for Settlers West. Based on this meeting, it was determined that 'the plans are not complete, and the proj eot carmot be scheduled for a Comnmnity Planning Boazd meeting. Incomplete Information Submit road and bridge details beyond the intersection at the northern extension of Settlers West Road,. Include details of slope, drainage, and road/bridge gemnetry, etc. Hermepi. n County has indicated that they will not begin the review process for the project until these items are included in the plans. 2. Provide a Draft Wetland Mitigation Plan and documentation from the Watershed District verifying az: approval of'the wetland delineation. CoillIilelltS 1. Indicate tiow erosion and runoffwill be mitigated .from abutting lots, particularly the Richard T. Anderson Conservation Area. 2. Clarify where wetland filling will take place. The plans indicate "Proposed Wetlm~ds" where tiffs use may not be appropriate. Please refer to the attached nlemo fi:om the Engineering Department..Contact Mary Krause, Project Engineer, at 952-949-8315, or Leslie Stovring, Enviro~zmental Coordinator, at 952- 949-8327 if you have questions. 4. Please refer to the attached memo fi'om the Building Departnient. Contact Allen Nelson, Fire Marshall, at 95:2-949-8356 if you have questions. 5. Please refer to the attached memo from the Park and Recreation Department. Contact Stu Fox, City Forester, at 952~949-8445. 15:04 PAGE 83 6. New application guideli~es require that a Tide Cornmitment or Title Opinion for the property b e submitted prior to second reading at City Council. Sincerely, Dm~ette M. Moore Pla~mer Ellclosures cc; Development Review Committee City of Chanhassen Mr. Justin Larson, Sathre-Bergquist,INC. Ms. Allison Fraser, Westwood Professional Services, INC. EDEN PRAIRIE MEMORANDUM PAGE ~4 To: From: Date: Subject: Development Review Committee Engineering Division January 22, 2004 Settlers West The following are preliminary comments by the Engineering Division ir) review of a development proposal for Settlers West located west of Settlers Ridge. The proposed project is located both within Eden Prah'ie and Chanhassen. The plans were prepared by Sathre Berquist, Inc. and m'e dated "received" January 16, 2004. PLAT 27 feet of additional right of way adjacent to Pioneer Trail should be dedicated within the plat. This is to accommodate future improvements to Pioneer Trail by Hetmepin County to a four lane roadway. The proposed right of way width for Settlers West Road should be reduced to 50' from the width shoum as 60'. Based on Eden Prairie standard requirements, a 50' right of way w/dth is typical and. appropriate. The plat indicates three separate outlots, two within Eden Prairie, one within Chanhassen. Outlots A & B within Eden Prairie should be dedicated to the City. SPECIAL ASSESSMENTS This property will be subject to trunk sewer and watermain assessments with this project. Based on the preliminary plat dated 1-16-04, 8.36 acres will be assessed for trunks at the 2004 rate of $5,5 t O/acre for a total assessment of $46,063.60. A special assessment agreement will be needed. GRADING AND DRAINAGE The stormwater quality and quantity report is currently being reviewed. Detailed conm~ents regarding the report will be forwarded upon completion of the review. The grading plan should indicate the existing topography for the areas adjacent to the project for evaluation of drainage. Specific areas needed for evaluation are the rear yard areas of Lots 1-12 adjacent to Settlers Ridge 5th Addition. The rem' yard areas of Lots 13-29 drain towards the bluffs m~d eventually into Eden Prairie. Based ozs. past experience with these situations, erosion may be an ultimate problem with nm-off from large roof- tops m~d other impervious surfaces that may be constructed. A storm water mm~agement plan is needed for these areas. This plan should include rear ym:d storm sewer systems, etc. to minimize or eliminate run-off over these sensitive bluff areas. The project area (specifically areas adjacent to the bluffs) should be evaluated by the consultm~t engineer for areas of existing active erosion problems. If there is active erosion occurring, these areas ~2,,," 02/' 2e04 15:~4 9529498392 EDEN PRAIRIE PAGE sl~ould be identified and repaired as part of the project. The existing contours within the Williams Pipeline easement should also be shown. It appears that fairlv extensive fi. Ils are proposed for the street as well as the area west of Settlers West Road w/thin th. is easement area. Willimns Pipeline should be contacted for conmlent regarding the proposed plans. Emergency overland overflow elevations from ponds and wetlands niust be indicated on the grading plaiis. It appears on the Fading plml that the majority of the homes include an 8' (some 9' a few 7') basement. Based on recent home construction within Eden Prairie, the more common basement is 9'. The grading plmi should be revised to accomnmdate 9' basements. The outlet pipe from Wetlmid #2 mid the outlet pipe from Pond 1 should be combined if possible to eliminate a discharge point to the trail/rail corridor. UTILITIES An 8" water loop should be nude to Vogel Farm Road in an appropriate location (potentially between lots 9 & 10 and then across the rear property line to match in with an exiting side property line in Settlers Ridge) from Settlers West Road. Drainage and utility easements will be needed. The portion of watermain to be installed within the adjacent Settlers Ridge should be installed by direction drill to minimize/eliminate impacts to the adjacent properties. An 8" valve and lneter with box should be installed at the Eden Prairie/Chanhassen border. A sanitary sewer m. anhole should be placed at the Eden Prairie/Chanhassen border. All existing utilities including electric, gas, telephone and cable should be indicated on final plans as required by State Statute. PER3~IITS The responsibility of acquiring ali permits for this project lies solely w/th the developer/owner oft. he project. Pern'dts that may be required include: · Watershed District · N-PDES · MCES Depaitment of Health · MPCA DNR · Hemiepin County ( for streets, utilities as well as the trail & light rail corridor) A grading permit will be required from the City, STREETS Hennepin County should be contacted regarding the proposed plans for review of the proposed access and possible improvements to Pioneer Trail that may be required. Any Hennepin County recommendations should then be incorporated into the project plans. 85 ~2,,,"82,,,"2004 15:e4 9529498392 EDEN PRAIRIE PAGE COOPERATIVE AGREEMENTS: CONSTRUCTION/MAINTANENCE OF PUBLIC INFRASTRUCTURE The proposed project presents some challenges to both the cities of Chanhassen and Eden Prmrie m regards to handling the construction and mainter~m~ce aspect of the public infrastructure that would serve this project. At this point, a basic premise of the project by Eden Prairie staff is "what lies within each indiv/dual city will be constructed to that city' s sta~dards al~d requiremmits and will also be maintained by that same city". This seeqns to work fairly well with the streets and utility aspects of the project with the addition of the utility elements called out in the utility section of this memo. Snowplowing of the streets may need additional attention, With the proposed street layout of the project a turn-around location at the boundary betwecm the Eden Prairie and Chanhassen is not provided. To completely adhere to the "each his own" concept of maintenance a mm-around would need to be incorporated into the plan. However, Eden Prairie is willing to entertain other solutions that would be agreeable to both Eden Prairie and Chanhassen, 15~ 84 9529495392 EDEN PRAIRIE PAGE 87 =iV!EMO_RANDUM Development Review Cormnittee FROM: Allei~ M. Nelsort, Fire Marshal DATE: Januat7 27, 2004 PROJECT: Settlers West I ha,:e reviewed the plans submitted for the proposed Settlers West development, i have the following comments. The com~ectio~is showr~ to both Pioneer trail from Settlers West Road and to Explorer Trail should remain if possible. This will provide a second means of access to both this new development and to the existing Settlers Ridge. If the connection to Pioneer Trail is not feasible, other optiolis should be explored. Williams Pipeline Compauy should be consulted regarding building the proposed wetland-1 over the pipeline right-of-way. The City of Chanhassen should be consulted regarding the access to their portion of this project. 82./02/'2~04 15:04 952~4~8392 EDEN PRAIRIE PAGE 8z,, 82? 2884 15:84 EDEN PRAIRIE PAGE 89 82/82/2084 15:04 EDEN PRAIRIE PAGE T vfen rairie Memorandum From: Date: Re: Danette Moore, Plamier Smart A, Fox, Manager of Parks and Natural Resources January_ 23, 2004 Comments on Settlers WeSt In reviewing the proposed Settlersi West I have ttle following comments that should be addressed by the developer to clarify a couple of park and natural resource issues that aren't covered in the proposed project text. While the majority of the project is in Chanhassen, the Eden Prairie Parks and Recreation staff would like the folloWTng issues addressed in written response: · Will a sidewalk or trail be installed along Settlers West Road? Due to the long length of the cul-de sac and its intersection with Pionee~ Trail (which will have a bike trail when expat~ded) the staff wouldj recommend either a trail or sidewalk to provide a safe off sa'eot amenity for bikes and pedestrians Protection of the steep slopes and storm water management on those portions of the project that abut the Richard T. Anderson Conservation Area, The rear lot lines of lots 14, 15, 16, 25 and east side Of outlot A intersect the west property line of the conservation area. In Settlers Ridge rear yard storm water systems were installed to protect the steep slopes of the RTA Conset'Cation Area fi'om water runoff from the house roofs and yards. This should be done on thSs project in a similm' mariner. Provide a conservation gasement along the same RTA property line area as described above. There is a scm~ic/Conservation easement on the steep slopes and wooded portions of the Settlers Ridge lots On Vogel Farm Trail. This easement became necessary to protect the area fi'om excess tree and vegetation removal after the lots are sold and homes built. The house pad location ;on Lot 25 is very close to the property line and nature trail. ]q~ought should be givenlto how a home at this location will affect the natural character of park as well as those wh6 may want to access the city park by walking through the yard to get onto the trail. Should there be consideration for a trail co~mection at or near this point? is there a possibility of providing another trail comiection from the LRT through any portion of the Settlers West project to link with the RTA Conservation Area? Please contact Stuart A. Fox, Ma~nager of Parks and Natural Resources at 952-949-8445 regarding the items in this memo. · Page 1 CARVER 219 East Frontage Road Waconia, MN 55387 Phone: 952-442-5101 Fax: 952-442-5497 CONSERVATION DISTRICT http://www.co.carver, mn.us/SWCD/SWCD main.html Mission Statement: To provide leadership in conservation and teach stewardship of the soil, water, and related resources through a balanced, cooperative program that protects, restores, and improves those resources. February 3, 2004 Robert Generous, Senior Planner City of Chanhassen 7700 Market Boulevard Chan,hassen, MN 55317 RECEIVED Re: Proposed Settlers West Development CITY OF CHANHASSEN Mr. Generous: Thank you for sending a copy of the preliminary development plan for Settlers West. The SWCD has reviewed the plan from Sathre-Bergquist, dated 01/16/04 for bluff impact, storm water runoff and erosion control. Please review the following comments and suggestions. Bluff Areas Bluff parcels are, by nature, prone to erosion and susceptible to invasive and undesirable plant species if disturbed. Extending parcel boundaries of lots 13 to 36 into the bluff and ravine areas often provides future homeowners with the impression that they can alter their land in the bluff areas. Designating the bluff and ravine area as an outlot or a conservation easement is recommended to limit this activity. In addition, owners of bluff and ravine areas generally use them as yard waste disposal sites. This activity greatly reduces vegetative growth, increases erosion potential, and overtime, brush accumulation which increases fuel base for fire hazards. Our experience has shown that without easement monumentation, bluff lots are improperly managed causing long-term erosion and accelerated loss ofbackyard footage. Stormwater Cross Country Storm Sewer In addition to the location of the proposed storm sewer line in Outlot C, plans should include the following information: 1. Vegetation / Tree Removal 2. Temporary Erosion Control 3. Temporary Sediment Control 4. Permanent Erosion Control / Revegetation 5. Construction Phasing Drainage, Maintenance and utility easements Access to traditional stormwater components such as pipes and culverts are generally not problematic. Cleanout accesses for stormwater ponds need a defined area for equipment AN EQUAL OPPORTUNITY EMPLOYER maneuverability, sediment removal and trucking. Although easements are presently shown on the development plan, it is common for homeowners to not be aware and cooperative in these city requirements. Pond-2 Inlet and outlet proximity are closer than desirable for water quality and may produce a short circuiting and dead pool area. This may cause an increase in undesirable pond aesthetics. Ideally, the inlet and outlet would be located at opposite ends of the treatment pond. It appears the topography of the development restricts this option. For better water treatment, minimization of dead pool area and for effective and economical sediment cleanout, an in-pond forebay should be constructed. A concept design would include an earthen crescent-berm with a northerly opening to direct flow to produce settling and an increase flow distance. Pond-3 Inlet and outlet are placed to provide the greatest flow distance. Maintenance access should also be located between Lots 9 & 10. For cost-effective sediment removal, a forebay should be located at the northern end of pond near inlet. Overland Runoff Control - Backvard Lots 28-14 It is recommended to grade the backyards to accommodate a backyard swale from Lot 28 to Lot 14. A Grade Stabilization Structure should be built to stabilize the existing ravine in the rear of Lot 17 or in that vicinity. The grade stabilization structure would convey storm water in a controlled manner down the bluff and reduce sheet erosion and the loss of backyard footage in Lots 28 through 14. Overland Runoff Control - Backyard Lots 31 to 40 It is also recommended to adjust the grading plan to include a continuous backyard swale from lot 31 to lot 40 (eventually discharging into Storm Water Pond 2). It appears a swale would be possible if grading and alterations were made to the topography lines of lots 36 and 37. Post-Development Soils In areas of steep topography and erosive soils, development can often increase stormwater runoff volumes and rates. Due to severe compaction of soils during the grading phases and lack of adequate topsoil application, more stormwater runoff results than the calculated stormwater runoff numbers. To alleviate this potential problem, adequate, non-compacted topsoil should be applied at least 6 inches of depth prior to permanent erosion practices. Temporary, Construction Site Erosion & Sediment Control Pond-2 and Pond-3 should be constructed for initial sediment control measures which also include the silt fence. An additional temporary sediment basin should be located at the westerly side of the ravine at or near Lot 17. The recommended Grade Stabilization Structure could be incorporated into the design of this temporary sediment basin. If there are any questions or if further explanation is needed regarding the recommendations and comments above, please call the SWCD office. The SWCD would like to meet with responsible parties to discuss these recommendations at a convenient time. Urban Conservation Technician cc. Lori Haak, City Water Resources Coordinator Chip Hentges, Carver SWCD, Conservation Technician 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 February 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 Public Hearing for Settlers West - Planning Case No. 04-05 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. J. Subscribed and sworn to before me this ' ~ day of'?_~_[';Lctakcc_J_l_ ,2004. - /,~ ,~ · LL.~ g:\eng\forms\affidavit.doc NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, FEBRUARY 17, 2004 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Comprehensive Plan Amendment; Rezoning from A2 to RSF; Subdivision; Wetland Alteration Permit APPLICANT: LOCATION' Pemtom Land Company Beatrice Zwiers South of Pioneer Trail and East of the Hennepin County Regional Trail NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Pemton Land Company and Beatrice Zwiers, is requesting a Comprehensive Plan Amendment to incorporate the property in the current Metropolitan Urban Service Area (MUSA); a Rezoning from A2, Agricultural Estate District, to RSF, Single Family Residential District; Subdivision Approval to create 61 lots (48 in Chanhassen), 3 outlots (one in Chanhassen), and public right-of-way with a variance for street width; and a Wetland Alteration Permit to fill and alter wetlands on site, on 55.6 acres (44.6 acres in Chanhassen). 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 February 5, 2004. Subject Site 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. g\ g~O~ uoqnpn¥ City of Eden Prairie City ct Chanhassen BOYD S PETERSON 9860 PIONEER CIR CHANHASSEN MN 55317-8696 BRADLEY & REBECCA CHRISTENSEN 9820 DEERBROOK DR CHANHASSEN MN 55317-8549 CARVER COUNTY CARVER COUNTY GOVT CTR-ADMIN 600 4TH ST E CHASKA MN 55318-2102 CATHERINE SUZANNE LARSON 9841 DEERBROOK DR CHANHASSEN MN 55317-8550 DAN & VALERIE TESTER 230 FLYING CLOUD DR CHASKA MN 55318-9532 DENIS C & MARY E DUKER 9940 DEERBROOK DR CHANHASSEN MN 55317-8551 DONALD GERALD BURCHETT 225 PIONEER TRL CHANHASSEN MN 55317-8662 DONALD H III & DIANE M KENNEDY 108 PIONEER TRL CHANHASSEN MN 55317-8659 ELDON L BERKLAND & WENDY NELSON BERKLAND 10 PIONEER TRL CHANHASSEN MN 55317-8627 GARY A & PATRICIA B KOCH TRUSTEES OF TRUST 9901 DEERBROOK DR CHANHASSEN MN 55317-8552 GAYLE M & RICHARD P VOGEL TRUSTEES OF TRUST 105 PIONEER TRL CHANHASSEN MN 55317-8660 GERALD F & NANCY G SLOCUM 9920 DEERBROOK DR CHANHASSEN MN 55317-8551 HENNEPIN CO REG RR AUTHORITY HENNEPIN CO GOVT CENTER 3OO 6TH ST S SW STREET LEVEL MINNEAPOLIS MN 55487-0999 JEFFREY B & CAROL G SORUM 9900 DEERBROOK DR CHANHASSEN MN 55317-8551 JEFFREY R & BARBARA C MICHELL 9961 DEERBROOK DR CHANHASSEN MN 55317-8552 JIMMY M & MARY E ROANE 9981 DEERBROOK DR CHANHASSEN MN 55317-8552 JOHN & JENNIFER BEUTZ 5624 SHERIDAN AVE S MINNEAPOLIS MN 55410-2616 JOHN B & JANE A PAUL TRUSTEES OF TRUST 9121 SABRE LN WESTMINSTER CA 92683-5521 JOHN E & ANN LONSTEIN 9861 DEERBROOK DR CHANHASSEN MN 55317-8550 JOHN J MOTSCHENBACHER & KIMBERLY A MOTSCHENBACHER 9821 DEERBROOK DR CHANHASSEN MN 55317-8550 JOHN M & LINDA J REVIER 9881 DEERBROOK DR CHANHASSEN MN 55317-8550 JON G & SUSAN J WESTERHAUS 9730 MEADOWLARK LN CHANHASSEN MN 55317-8626 LOWELL & CLAUDIA CAMPBELL 415 LAKOTA LN CHASKA MN 55318-9457 MARK JAMES DANIELSON 9751 MEADOWLARK LN CHANHASSEN MN 55317-8626 MATTHEW J & CHARLENE M THILL 9610 MEADOWLARK LN CHANHASSEN MN 55317-8694 MICHAEL A BOYLAN 9941 DEERBROOK DR CHANHASSEN MN 55317-8552 MICHAEL D & MONICA S WlSTRAND 9670 MEADOWLARK LN CHANHASSEN MN 55317-8694 MICHAEL J & PATRICIA A CONROY 9921 DEERBROOK DR CHANHASSEN MN 55317-8552 MICHAEL J REILLY & LISA A REILLY 9701 MEADOWLARK LN CHANHASSEN MN 55317-8626 MICHAEL ROBERT NELSON 9870 PIONEER CIR CHANHASSEN MN 55317-8696 MICHAEL T & TERESA A MONK 9671 MEADOWLARK LN CHANHASSEN MN 55317-8695 NElL A KLINGELHUTZ 9731 MEADOWLARK LN CHANHASSEN MN 55317-8626 PAUL J TAUNTON 9980 DEERBROOK DR CHANHASSEN MN 55317-8551 ROBERT J & EMILY J TISCHLEDER 185 PIONEER TRL CHANHASSEN MN 55317-8660 RUSSELL & YVONNE BARTO 400 LAKOTA LN CHASKA MN 55318-9452 STEPHEN M & NICOLE DRAGOS 9960 DEERBROOK DR CHANHASSEN MN 55317-8551 STEVEN F & KATHLEEN M BURKE 9591 MEADOWLARK LN CHANHASSEN MN 55317-8693 STEVEN J ZUMBUSCH & CHARLOTTE M ZUMBUSCH 9700 MEADOWLARK LN CHANHASSEN MN 55317-8626 STEVEN JON & ANGELA S SMITH 240 FLYING CLOUD DR CHASKA MN 55318-9532 THOMAS W & BEATRICE I ZWIERS 939O 267TH ST LAKEVILLE MN 55044-7890 TIMOTHY A & DAWNE M ERHART 9611 MEADOWLARK LN CHANHASSEN MN 55317-8695 WILLIAM GRATZ 9851 PIONEER CIR CHANHASSEN MN 55317-8696 WILLIAM T & CAROL ANN GRAY 50 PIONEER TRL CHANHASSEN MN 55317-8627 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 g:\plank2.004 planning cases\04-05 - settlers west\ph mailing labels-carver county only.doc NOTICE OF PUBLIC HEARING PLANNING CASE NO. 04-05 CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, February 17, 2004, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Boulevard. The purpose of this hearing is to consider the request for a Comprehensive Plan Amendment to incorporate the property in the current Metropolitan Urban Service Area (MUSA); a Rezoning from A2, Agricultural Estate District, to RSF, Single Family Residential District; Subdivision Approval to create 61 lots (48 in Chanhassen), 3 outlots (one in Chanhassen), and public fight-of-way with a variance for street width; and a Wetland Alteration Permit to fill and alter wetlands on site, on 55.6 acres (44.6 acres in Chanhassen), located south of Pioneer Trail and east of the Hennepin County Regional Trail, the Pemtom Land Company and Beatrice Zwiers - Planning Case No. 04-05. 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 Email: bgenerous @ci.chanhassen.mn.us (Publish in the Chanhassen Villager on February 5, 2004) G:\PLAN\2004 Planning Cases\04-05 - Settlers Westh°H Noticc to Villager.doc (33) Jam Free Printing 'Use Avery® TEMPLATE 5160® I www. avery, com 1-800-GO-AVERY AVERY® 5160® 61 3011622220030 KELLY & JUANITA MULLIGAN 9585 HIGHVIEW DR EDEN PRAIRIE MN 55347 61 3011622220031 CITY OF EDEN PRAIRIE 8080 MITCHELL RD EDEN PRAIRIE MN 55344 61 3011622220032 CHARLES E & ALICE E TITLE 9585 LAKELAND TERR EDEN PRAIRIE MN 55347 61 3011622230001 CAROLYN L & RICHARD E INGRAM 18900 PIONEER TR EDEN PRAIRIE MN 55347 61 3011622230002 MARK W & SUZAN R KAMMER 9600 H1GHVIEW DR EDEN PRAIRIE MN 55347 61 3011622230003 THOMAS S KNAUER 9601 HIGHVIEW DR EDEN PRAIRIE MN 55347 61 3011622230004 IRENE DORENKEMPER 18925 PIONEER TRL EDEN PRAIRIE MN 55347 61 3011622230005 HENN COUNTY REG1ONAL RR AUTH 417 5TH ST N #320 MPLS MN 55401 61 3011622230006 THOMAS ZWlERS C/O G & T TRUCKING 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DR W #550 CHANHASSEN MN 55317 61 3011622240023 COMMUNITY DEVELOPMENT INC 7100 MADISON AVE W GOLDEN VALLEY MN 55427 61 3011622320005 JOSH & JULIE TAYLOR 19018 VOGEL FARM TR EDEN PRAIRIE MN 55347 61 3011622320006 RICHARD N FINKBEINER 19042 VOGEL FARM TR EDEN PRAIRIE MN 55347 61 3011622320007 JON ROHS CONST/REAL EST INC 600 SOUTH HWY 169 ST LOUIS PARK MN 55426 61 3011622320008 RICHARD J & SUSAN J LANAHAN 19090 VOGEL FARM TR EDEN PRAIRIE MN 55347 6t 3011622320009 WILLIAM J BARTRAM 19114 VOGEL FARM TR EDEN PRAIRIE MN 55347 61 3011622320011 SUNIL SACHDEV & ANN SACHDEV 19115 VOGEL FARM TR EDEN PRA1RIE MN 55347 61 3011622320012 ON THE LEVEL INC 6535 NATHAN ROAD CARVER MN 55315 61 3011622320013 THOMAS E SCHNEIDER 19067 VOGEL FARM TR EDEN PRA1RIE MN 55347 61 3011622320014 SHANE & PAGE ARLT 19043 VOGEL FARM TR EDEN PRAIRIE MN 55347 61 3011622320015 TIMOTHY J HEADY 19019 VOGEL FARM TR EDEN PRAIRIE MN 55347 61 3011622320016 RICHARD & KAREN MlLLER 18995 VOGEL FARM TR EDEN PRAIRIE MN 55347 61 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Printing Use Avery® TEMPLATE 5160® vvvvw, avery, com 1-800-GO-AVERY AVERY® s16o® 61 3011622320037 THERESA & TONY ENEBO 18897 EXPLORER TR EDEN PRAIRIE MN 55347 61 3011622320038 KAMRAN MAKKI 18934 VOGEL FARM TR EDEN PRAIRIE MN 55347 61 3011622320039 DEBORAH J JACKSON 18958 VOGEL FARM TR EDEN PRAIRIE MN 55347 61 3011622320040 JOYUCE & GAZELL PETTWAY JR 18970 VOGEL FARM TR EDEN PRAIRIE MN 55347 61 3011622230044 THE P1NES I LLC C/O S KROISS HOMES 1851 LAKE DR W #550 CHANHASSEN MN 55317 ®o9~s ®A~I~IAV ~ A~EIAV-O~)-008- t tuo3'/ue^ewv~v~ ®091,~ ~l.[.V'ldlN:~J. ®/ue^V esr CITYOF CHANHASSEN 7700 iVlarket Boulevard PO Box 147 Ohanhassen, MN 55317 Administration Phone: 952227.1100 Fax: 9522271110 Building Inspections Phone: 9522271180 Fax: 9522271190 Engineering PI'one: 9522271160 Fax: 9522271170 Finance Phone: 9522271140 Fax: 952.2271110 Park & Recreation Phone: 952.2271120 Fax: 952 2271110 Recreation Center 2310 Coulter Boulevard Phone: 9522271400 Fax 952.2271404 Planning & Natural Resources Phone: 9522271130 Fax: 952227.1110 Public Works 1591 Park Road Phone: 9522271300 Fax: 9522271310 Senior Center PIlone: 952.2271125 Fax~ 9522271110 Web Site www c~ chanhasser] mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Matt Saam, Assistant City Engineer DATE: May 5, 2004 (~ SUB J: Council Update on Cooperative Agreement for Settlers West Land Use Review File No. 04-01 Attached is the draft cooperative agreement that staff is working on with the City of Eden Prairie. It should be noted that this is still in draft form. There are changes and additions that staff is continuing to work on with the City of Eden Prairie. For this reason, staff is envisioning bringing the final cooperative agreement back for Council approval at the time of final platting for this development. Staff anticipates a late June '04 timefi'ame for final Council approval of the cooperative agreement. Attachment: Draft cooperative agreement c: Paul Oehme, City Engineer/Dir. of Public Works g:\cng\projects\scttlers west\cc update 5-5-04.doc The City of Chanhassen · A growing community with clean lakes, quality schools a charming downtown thriving businesses windirlq !rats an,:: hc~!~tifL!! [',arks ?, :!rear [:,ia,;(, l,a i~,e wurk and !)!ay COOPERATIVE AGREEMENT BETWEEN THE CITY OF CHANHASSEN AND THE CITY OF EDEN PRAIRIE WHEREAS, The Pemtom Land Company owns property as shown generally on Exhibit A attached hereto and a portion of that property is located in the City of Chanhassen and a portion of that property is located within the City of Eden Prairie; and WHEREAS, The Pemtom Land Company has requested and the City of Chanhassen is willing to allow the City of Eden Prairie to provide municipal sewer and water to the property owned by Pemtom located in the City of Chanhassen. NOW, THEREFORE, the parties hereto their heirs, successors and assigns, agree as follows: 1. Sewer and Water Service to Said Plat. Upon approval of said final plat for property within the City of Chanhassen as set forth in Paragraph 1 above, the City of Eden Prairie shall allow Pemtom to connect the homes to be built on lots in said plat into the municipal sewer and water system owned by the City of Eden Prairie which is located in Explorer Trail adjacent to said property on the east side thereof. The sewer and water pipes to be built by Pemtom in public right-of-ways/easements within said plat at Pemtom's expense shall conform to the plans and specifications approved by the City of Eden Prairie. Upon completion thereof, those sewer and water pipes shall be owned by the City of Eden Prairie which shall maintain them and allow use of them by the owners of the lots in said plat forever, subject to the policies, rules and regulations of the City of Eden Prairie which apply to other residential lots in the City of Eden Prairie in that area. The City of Eden Prairie shall bill the owners of each house for said sewer and water service. The charges for said sewer and water service shall include a penalty for late payment equal to at least 5% of the billing. The City of Chanhassen, pursuant to Minnesota Statute § 444.075, subd. 3, agrees to promptly certify the delinquent sewer and water bills against the property for collection with real estate taxes if requested to do so by the City of Eden Prairie. Upon collection by the City of Chanhassen, the City shall remit amounts collected, less 5%, to the City of Eden Prairie. Any time there is an interruption of water or sanitary service to the City of Chanhassen residents, the City of Eden Prairie shall notify the impacted residents and the City Manager of Chanhassen. The notification shall clearly indicate a contact person at the City of Eden Prairie. 2. Street Maintenance & Repair. All reasonable street repairs associated with the maintenance of the City of Eden Prairie's utility system, located within the City of Chanhassen will be the responsibility of the City of Chanhassen, provided the City of Eden Prairie provides fourteen (14) days written notice to the City of Chanhassen of any intended repairs. The City of Chanhassen shall be entitled to review and approve the specifications relating to such repair. Upon completion of such repair, the City of Chanhassen will invoice the City of Eden Prairie for all costs associated with the street repairs. The City of Eden Prairie agrees to pay for the paving expenses resulting from the repair of the utility system. Bo In the case of emergency repairs to the utility system, when it will be impossible for the City of Eden Prairie to give fourteen (14) days written notice of intended repair work to the City of Chanhassen, the City of Eden Prairie shall restore the street to a minimum condition of a gravel surface so access can be gained by residents and the public. The City of Chanhassen will then repave the disturbed road section and invoice the City of Eden Prairie for all paving expenses. The City of Eden Prairie agrees to pay for the paving expenses resulting from the repair of the utility system. Street repair resulting from the repair of the utility system to be provided under paragraphs A or B above shall include, without limitations, all reasonable administrative costs, engineering costs, legal costs, costs of materials, labor, and all other construction costs associated with street repairs. Snowplowing/street sweeping responsibilities for the City of Chanhassen will be from the intersection of Explorer Trail/Settlers West Road and extend south into Chanhassen to the cul-de-sac terminus of Settlers West Road. The City of Eden Prairie will be responsible for snowplowing/street sweeping from Pioneer Trail, south along Settlers West Road, to the intersection of Explorer Trail and from this intersection, east to the existing Settlers Ridge development. Timing of the reconstruction of streets within the City of Chanhassen shall be coordinated, to the greatest extent possible, with the replacement of the City of Eden Prairie-owned sanitary sewer and watermains. 3. Water Use Restriction. The City of Eden Prairie will inform the City of Chanhassen in writing of any water emergencies declared by the City of Eden Prairie and the restrictions imposed as a result thereof. The City of Chanhassen agrees to implement and enforce appropriate restrictions on that area within the City of Chanhassen served by water from the City of Eden Prairie. 4. Storm Sewer Ownership/Maintenance The ownership and maintenance of the public storm sewer system will follow the respective City limit lines. Specifically, the City of Chanhassen will own and maintain the public storm sewer system within the Chanhassen city limits. Likewise, the City of Eden Prairie will own and maintain the public storm sewer system within the Eden Prairie city limits. 5. Signing of Agreement. This Agreement may be signed in counterparts and on different dates by each party without affecting the validity thereof. CITY OF CHANHASSEN: By. Tom Furlong Its: Mayor And By. Todd Gerhardt Its: City Manager Date CITY OF EDEN PRAIRIE: By Its: Mayor And By Nancy Tyra-Lukens Scott Neal Its: City Manager Date g:\cng\[m!jects\settlcrs wcstXcooperativc agrcement.doc