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4 Boyer Building Corporation CITY OF CHANHASSEN PC DATE: 4/16/02 J I CC DATE: 5113/02 ,. Review Deadline: 5/14/02 CASE #: 02-6 SUB 02-2 CUP WET 02-3 By: AI-Jaff:vlHaak -- J- Z <t: U :J a. a... « ~ ~ W I- - C/) STAFF REPORT " . · Preliminary Plat to replat a 13.6 acres into 11 single family lots and one beach lot, Boyer Lake Minnewashta Addition · Wetland Alteration Permit to fill '8é4-5,498 square feet of wetland · Conditional Use Permit to Create a Beach Lot · Variances to allow 50 foot Right-of-Way, a 9% street grade, and a 50 x 80 foot House Pad LOCATION: South of Highway 7, west of Washta Bay Road, north of Lake Minnewashta, and east of Dartmouth Drive - APPLICANT: Boyer Building Corporation 18279 Minnetonka Boulevard Deephaven, MN 55391 JohnBoyer (952) 475-2097 PRESENT ZONING: RSF, Residential Single Family District 2020 LAND USE PLAN: Residential-Low Density (Net Density 1.2 _ 4.0 units per acre) ACREAGE: Approximately 13.6 acres DENSITY: 1.65 Units per Acre Net 0.8 Units per Acre Gross SUMMARY OF REQUEST: Subdivision of 13.6 acres into 11 single-family lots and one beach lot, Wetland Alteration Permit to fill 4-;+é4 5,498 square feet of wetland, Conditional Use Permit to Create a Beach Lot, and Variances to allow 50 foot Right-of-Way, 9% street grade, and a 50 x 80 foot House Pad. Notice of this public hearing has been mailed to all property owners within 500 feet and all Minnewashta lakeshore property owners. LEVEL OF CITY DISCRETION IN DECISION-MAKING: 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 "" Boyer Lake Minnewashta Addition f.3FiI Hi May 13, 2002 Page 2 , Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a wetland alteration permit is limited to whether or not the proposed alteration meets the standards outlined in the wetland conservation act and the city's wetland ordinance. If it meets these standards, the City must approve the wetland alteration. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Subdivision Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. BACKGROUND On February 28, 1994, the City Council reviewed an application for a comprehensive plan amendment to change the land use designation from residential low density to residential medium density and conceptual planned unit development for 26 single family zero lot line units (Spinnaker Wharf) on the subject site. The City Council denied the request and directed the applicant to prepare a plan that meets current ordinance standards. PROPOSAUSlJMMARY The applicant is proposing to subdivide 13.6 acres into 11 single-family lots and one beach lot. The property is zoned RSF, Residential Single Family and beach lots require a conditional use permit within this district. Variances are being requested with this application to allow 50 foot right-of-way, a 9% street grade, and a 50 x 80 foot house pad. The applicant is also proposing to fill 4-;+é4 5,498 square feet of wetland. The average lot size is 35,612 square feet with a resulting gross density of 0.8 units per acre and a net density of 1.65 units per acre. The site is located south of Highway 7, west ofWashta Bay Road, north of Lake Minnewashta, and east of Dartmouth Drive. Access to the subdivision will be provided via extensions of Dartmouth Drive and a cul-de-sac off of Washta Bay Road. All of the proposed lots meet the minimum area, width, and depth requirements of the Zoning Ordinance witH tHe e1lcej3tiOR sf Lst 5, Blocl¡ 1. THis 1st fmRts OR a CHf\'e aRá Has a fr{,Rtage sf 53 Boyer Lake Minnewashta Addition f.pHI Hi May 13, 2002 Page 3 feet. The 8ræRaftSe Feflææs SHeA lets t8 æaiataia a 99 feet at the set-baek liRe. Staff æeasaæà &9 I feet at the 39 fset set1:Jaæl liae. The let liaes ean easily ~e aàjlisted t8 meet afåiaanee æ~ææe1HS. The applicant submitted calculations that reflected a 90 foot lot frontage. There is one beach lot shown on the plat, which is proposed to serve the entire subdivision. A footpath from the bubble of each cul-de- sac will provide access to this beach lot, and eventually lead to the lakeshore where a dock with 10 boat slips is proposed. The number of boat slips must be reduced to 9 (this issue is discussed in detail under the Beach Lot section of the report). The site consists of three parcels being assembled into one tract of land, and then subdivided. Two individuals own these parcels. There is an existing structure on the northwest comer of the site. This structure is proposed to be demolished. There is also an existing driveway access to this home off of Highway 7. This access must be closed as part of this subdivision. A portion of this site falls within the jurisdiction of the City of Shorewood. As a condition of approval, the applicant will be required to get approval from the City of Shorewood. Three wetlands occupy the site. Two of these wetlands are proposed to be impacted by this development, while the third is proposed to remain intact. It appears that there is a bluff on the neighboring property to the southwest. This bluff is within close proximity to Lot 8, Block 1. The house pad and grading limits maintain adequate setbacks from the side of the bluff. Staff will attach a condition to the report to ensure the 30 foot setback from the side of the bluff is maintained. The site has mature trees, which the applicant is making an effort to preserve. However, due to the construction of storm ponds, streets, and grading for house pads, mature trees are being lost. Staff discussed the possibility of custom grading some of these lots to save existing trees, specifically, Lots 1, 2, 3, 6, 7, and 8, Block 1. The applicant was open to this suggestion. The variance for the 50-foot right-of-way for the cul-de-sacs is to allow these streets to blend in with the surrounding neighborhood. The 9% grade on the westerly cul-de-sac was discussed at length with the applicant. The site has meandering topography. This grade provides the least impact on the vegetation and staff fully supports it. The third variance deals with the size of a house pad on Lot 4, Block 1. The ordinance requires a 60 x 60 house pad. The lot has an area of approximately 1.8 acres. The applicant is proposing a 50 x 80 house pad. House plans have been submitted for this site and appear to fit on the lot. This issue has been discussed in the past. Staff has always maintained that we never encounter actual house plans with dimensions of 60 x 60. There is a buildable area on this site with a sizable yard. However, staff believes that soil corrections will be required on that lot. Also, there will be wetland impact to provide access to this site. Staff has been working with the applicant for several months. The plan has gone through several changes. We are recommending that it be approved with conditions outlined in the staff report. Boyer Lake Minnewashta Addition A3FiI Hj May 13, 2002 Page 4 PRELIMINARY PLAT The applicant is proposing to subdivide 13.6 acres into II single-family lots and one beach lot. All the lots exceed the minimum 15,000 square feet of area, with an average lot size of 35,612 square feet. Access to the subdivision will be provided via extensions of Dartmouth Drive and a cul-de-sac off of Washta Bay Road. All of the proposed lots meet the minimum width, and depth requirements of the Zoning Ordinance :::0 ::= :::t;, ~I~~!. ~11~s 1st fmRts 011 a c= ~:d k:: z::: ~~:c~. ~~ =:=:.~::,~=.:..~ :::;: :':':: :::::~:: ~::::- :~ ::: :: ~~::: 0: t~::= The applicant submitted calculations that reflected a 90 foot lot frontage. Beach lots are permitted in this district after securing a conditional use permit. Lot 3, Block 2 is intended to serve as a beach lot. Staff recommends this lot be platted as an outlot. Lot 1, Block 2, has an odd configuration. A finger extends to the west that should be platted as an outlot and deeded to the property located west of Lot 1, Block 2. As mentioned earlier in the report, there appears -to be a bluff on the property located southwest of the subject site. The ordinance requires all structures to maintain a 30-foot setback from the edge of a bluff. It appears that the proposed building pad maintains the required setback from the side of the bluff; HOWeyer, staff is Fe'lHestiRg the applicant ideRtify identified the boundaries of the bluff to ensure setbacks are met. There wiJI also be a condition requiring setbacks be maintained. Staff notes that the proposal is consistent with the Comprehensive Plan and consistent with the Zoning Ordinance with conditions outlined in the staff report. WETLANDS Existing Wetlands Three wetlands exist on-site: one aglurban wetland and two natural wetlands. Svoboda Ecological Resources delineated the wetlands in November 1999. Basin 1 is a Type 1 aglurban wetland located in the center of the property. The wetland is dominated by reed canary grass. The applicant is proposing to fill in 4 locations within Basin 1 to accommodate a regional stormwater pond; cul-de-sac; driveway to Lot 4, Block 2 and a trail to provide access to the beach lot from the eastem portion of the property. The total proposed impact to Basin 1 is 4-;4&& 5,222 square feet (GAG 0.12 acres). Boyer Lake Minnewashta Addition A3FiI 1(j May 13, 2002 Page 5 Basin 2 is a Type 3 natural wetland located adjacent to Lake Minnewashta along the southern portion of the property. The wetland is dominated by reed canary grass and cattail. No wetland impact is proposed to Basin 2. Basin 3 is a Type 2 natural wetland located in the northwestern portion of the property. The wetland is dominated by reed canary grass. The applicant is proposing to fill within Basin 3 to accommodate a regional stormwater pond. The total proposed impact to Basin 3 is 276 square feet (O.oI acres). On August 24, 200 1, City staff conducted an on-site review of a portion of the wetland delineation. The on-site review raised questions about the accuracy of the delineation of Basin I. The City met the delineator on-site on October 26, 2001. The conclusion of that site visit was that a portion of the wetland boundary established by the delineator was inaccurate. Staff recommended the wetland boundary be changed to be consistent with the findings of City staff from August 24, 2001. The wetland boundary shown on the plans is consistent with staff recommendation. Wetland Replacement Wetland replacement must occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant must submit a Wetland Replacement Plan Application along with all required supporting materials. The applicant should provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. A wetland replacement plan must be approved prior to wetland impacts occuning. The applicant has proposed the construction of 6,348 square feet of new wetland credit (NWC) adjacent to Basin 3 to mitigate for proposed wetland impacts. In addition, the applicant will enhance 5,889 square feet of existing wetland buffer to obtain public value credits (PVC). A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) must be maintained around Basin I. Wetland buffers 10 to 30 feet in width (with a minimum average of 20 feet) must be maintained around Basins 2, 3 and the wetland mitigation area. (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. All structures must maintain a 40-foot setback from the wetland buffer edge. LAKES The proposed project is within 1,000 feet of the ordinary high water level (OHW) of Lake Minnewashta and is therefore within the lake's shoreland district. The Minnesota Department of Boyer Lake Minnewashta Addition AJ3FiI 16 May 13, 2002 Page 6 Natural Resources (DNR) classifies Lake Minnewashta as a recreational development lake. Lot 4, Block 2 is the only riparian Jot proposed. The minimum lot size for this lot is 20,000 square feet and the minimum Jot width is 90 feet. The OHW of Lake Minnewashta is 944.5. This property includes a channel that extends northward from the north shore of Lake Minnewashta almost to Trunk Highway 7. This channel was excavated in March 1958. Since the OHW extends into the channel, all structures must be set back 75 feet from the OHW in accordance with DNR standards and City ordinance. The DNR's standards for common docking areas (such as beach lots) refer to "natural shoreline." In the case of this property, the natural shoreline would be the shoreline prior to the excavation of the channel. For this reason, the current shoreline of the channel is not counted toward the natural shoreline required for individual Jots and/or additional beach lot docks. Conversations with the applicant have revealed that there may be future plans to excavate within the existing channel to improve aesthetics and/or access. The applicant must obtain all necessary permits from the DNR, Minnehaha Creek Watershed District and/or the City prior to excavation taking place. It is recommended that no additional excavation Occur in this area since it is not a natural part of the lake and any additional work may have a significant impact on the hydrology, vegetation or overall quality of the lake and/or adjacent wetlands. The DNR's position on excavation is outlined in the attached e-mail from Travis Germundson, Area Hydrologist (Attachment 1). RECREATIONAL BEACH LOT The applicant has proposed Lot 3, Block 2 as a recreational beach lot. The proposed beach lot meets the minimum size (30,000 square feet) and shoreline (200 feet) requirements set forth in Section 20-263 of the Chanhassen City Code. In addition, the beach lot meets the size and shoreline requirements to support up to 3 docks, each with 3 spaces for ovemight storage of watercraft, for a total of 9 spaces. (The proposed beach lot is 151,518 square feet and incorporates 669 feet of shoreline.) The number of watercraft may be clustered onto 1 common docking area. The beach lot must meet all requirements set forth for recreational beach lots in Section 20-263 of the City Code. Since private docks on 4 of the 5 potential riparian Jots (Lots 5-8, Block 1) would have been otherwise installed across wetland (Basin 2), the applicant has incorporated the riparian areas of these lots into the proposed beach lot and transferred the individual docking rights to the common docks on the beach lot. Staff supports the beach lot approach to this site for the following reasons: 1. Allowing individual docks to go across wetland basins often results in impacts to wetland Boyer Lake Minnewashta Addition f.3fil Hi May 13, 2002 Page 7 vegetation and overall wetland quality. By clustering watercraft on the beach lot, such impacts are avoided. 2. Staff recommends that a conservation easement be placed over the portion of the beach lot that includes Basin 2. This will prevent the loss of trees in this area and will help to preserve the integrity of the shoreline and the wetland in this area. 3. By ordinance, each dock (private or on a beach lot) is allowed 3 watercraft. With 4 individual docks (Lots 5-8, Block 1) plus 1 beach lot dock, 15 watercraft would be allowed. By clustering watercraft on the beach lot, the number of watercraft allowed is 9. This reduces both recreational and natural resource-related pressures on Lake Minnewashta. A similar approach to clustering dock spaces on beach lots was taken in the Olivewood subdivision in the northeast corner of Lake Minnewashta. In the case of Olivewood, the beach lot contained over 600 feet of shoreline and was over 79,000 square feet in area, so there was no difficulty in meeting the requirements for the common dock for 9 boats. In addition, the number of lots in the subdivision was equal to the number of spaces allowed on the beach lot. A drawing of the Olivewood subdivision is attached (Attachment 2). The number of docks allowed in conjunction with this subdivision and conditional use permit (beach lot) is not equal to the number of lots in the proposed subdivision. The preliminary plat shows 10 dock spaces. The plat should be revised to show 9 spaces, the maximum allowed on a single beach lot by City ordinance. The addition of a tenth space to accommodate the final lot in the subdivision would require a variance. The granting of such a variance is not recommended. The applicant has proposed a trail on the recreational beach lot to provide the easternmost lots with access to the beach and dock area. Materials used for trail construction have not been specified. Staff recommends the trail be either a mown trail (similar to the trail in Kerber Pond Park) or a wood chip trail. In addition, the trail should not be extended to the shoreline, as shown in the plans. This will help to prevent the trail materials from entering the lake and will dissuade homeowners from launching boats from the beach lot, which is prohibited under Section 20-263 (5) of the Chanhassen City Code. The applicant should explore the feasibility of avoiding wetland fill for the trail along the north side of Basin 1 by installing a boardwalk or similar structure. There are several areas of the trail where trespass issues may arise in the future if changes are not made to the trail alignment or if cross-access easements are not granted. The trail should be located within the drainage and utility easement between Lots 4 and 5 on Block 1. In addition, a cross-access easement should be granted for the trail from the owners of Lots 4 and 5, Block 1 in favor of all the homeowners in the homeowners' association. The preliminary plat shows "6 slide-up boat storage spaces." The beach lot ordinance allows Boyer Lake Minnewashta Addition .^.3FiI16 May 13, 2002 Page 8 nonmotorized watercraft (e.g., canoes, windsurfers, sail boards, small sailboats) to be stored on racks on the beach lot, with no more than 6 nonmotorized watercraft per rack. The number of racks may not exceed the amount of storage necessary to permit 1 rack slip per lot served by the beachlot. The plans should reflect the capacity and location of the proposed storage rack(s). An amendment to the Conditional Use Permit is required for any changes to the beach lot including but not limited to: dock configuration, installation of portable chemical toilets, placement of boat racks, and placement of structures. Storm Water Management The proposed development is required to maintain existing runoff rates. The applicant has submitted drainage calculations for the development. Staff has reviewed the calculation and only minor modifications are needed. All of the proposed ponds are required to be designed to National Urban Runoff Program (NURP) standards. The storm sewer will have to be designed for a lO-year, 24-hour storm event. Drainage and utility easements will need to 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 last catch basin prior to discharge into each pond should be a sump catch basin_ This will prolong the maintenance interval of the proposed storm water ponds. Bluffs It appears that a bluff may exists on the property located southwest of the site. The applicant sRsHld examined the slopes near the southwest comer of Lot 8, Block 1 and determined wl1ether 6I'--ßffi they meet the City's criteria for a bluff (rise of 25 feet above the toe and a sJope averaging 30% or greater). If tl1e sls3es meet tRe 13IHff el'iteria, all structures shall maintain a 3D-foot setback from the top, toe and sides of the bluff. Easements Drainage and utility easements should be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. Easement types and locations should be called out on the preliminary plat. An encroachment agreement is needed before the trail can be constructed on Lot 3, Block 2 as the trai] is proposed within a drainage and utility easement. Erosion Control Type ill silt fence should be provided between the proposed wetland mitigation and existing Basin 3_ Erosion control blanket should be installed on all slopes greater than or equal to 3: 1. All upland areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched, covered with a wood-fiber blanket or sodded within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. Staff recommends that Type II silt fence be used around the grading perimeter of the site and that ---- -- - Boyer Lake Minnewashta Addition :\3Fill!! May 13, 2002 Page 9 Type ill silt fence be used adjacent to the lake and wetlands. A 7S-foot minimum rock construction entrance must be added to each of the entrances that will be used during construction. The applicant should be aware that any off-site grading would require an easement from the appropriate property owner. All disturbed areas must be sodded or seeded and mulched within two weeks of grading completion. Surface Water Management Plan The City's Surface Water Management Plan (SWMP) shows two regional storm water ponds (LM- P8.9 and LM-P8.1O) on this site. Consequently, the City has required the applicant to provide storm water facilities on-site that fulfill the requirements set forth in the SWMP. Because the applicant will be treating more runoff than is generated by the proposed subdivision, the project will receive compensation for oversizing in accordance with the SWMP and for the provision of two outlet structures. 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 $800/acre. Based on the proposed developed area of approximately 10.65 acres, the water quality fees associated with this project are $8,520. 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 $1,980 per developable acre. This results in a water quantity fee of approximately $21,087 for the proposed development. SWMP Credits As discussed earlier, this project proposes the construction of two NURP ponds. The applicant will be credited for water quality where NURP basins are provided to treat runoff from the site. This will be determined upon review of the ponding and storm water calculations. Credits may also be applied to the applicant's SWMP fees for oversizing in accordance with the SWMP or the provision of outlet structures. The current proposal appears to provide water quality treatment for runoff from 4.1 acres on-site and 39.0 acres off-site. (These figures will be finalized upon final review of the storm water calculations.) In addition, two outlet structures are proposed. Preliminary calculations show a credit of $39,480 against total fees of $29,609. At this time, the estimated total SWMP credit due to the applicant for the provision of ponding for off-site areas in accordance with the SWMP is $9,871. ~ ):~~¡) I I I I I ¡ i , Boyer Lake Minnewashta Addition ¡\J3AI 16 May 13, 2002 Page 10 GRADING. DRAINAGE & EROSION CONTROL The plans propose to grade about 75% of the site for the new house pads and proposed streets. The proposed grading wiJI prepare the site for lookout and walkout-type dwellings. The street drainage wiJI be conveyed via storm sewer to three proposed storm water ponds for treatment prior to discharging to the existing wetlands and channel to Lake Minnewashta. ¡ ~ I , ; The majority of the existing site drains to a wetland in the center of the parcel. Site drainage from this wetland flows south into Lake Minnewashta. The proposed development will be required to meet the existing stormwater runoff rates for the 10- and 100-year, 24-hour storm events. The City's Surface Water Management Plan (SWMP) shows two regional ponds located on this site. The applicant has fo]]owed the SWMP and included the regional ponds as a part of the development. ì , I I ¡ I UTILITIES Municipal sewer and water service is available to the site from existing mains in Dartmouth Drive and Washta Bay Road. There is also an existing sewer line that runs along the lake. The applicant is proposing to extend sewer and water lines along the proposed streets to service the proposed lots. Staff recommends that the existing sewer and water Jine on the east side of the site, south of the proposed cul-de-sac, be abandoned to avoid having para]]el utility lines. Also, the existing homes, which are connected to this line, would have to be connected to the new lines. According to the City's Finance Department records, the underlying parcels on the east and west sides were previously assessed for sanitary sewer and water. However, the underlying parcel in the center of the site was not assessed for utilities. As such, the proposed homesite on Lot 4, Block 2 will be required to pay a sanitary sewer connection charge. The current 2002 lateral connection charge for sanitary sewer is $4,335 per lot. Since the developer wi]] be extending the lateral sewer and water mains to the remaining lots, the sanitary sewer and water connection charges wi]] be waived. Sanitary sewer and water hookup charges wiJI stiJI be applicable for each of the new lots. The 2002 trunk hookup charge is $1,383 for sanitary sewer and $1,802 for watermain. Public utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications wiJI be required at the time of final platting. The applicant wi]] also be required to enter into a development contract with the City and to supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be Boyer Lake Minnewashta Addition ".3FiI Hi May 13, 2002 Page 11 obtained, including but not limited to the MPCA, Department of Health, Watershed District, MnDOT, etc. STREETS The plans propose to extend Dartmouth Drive from the west side approximately 200 feet ending with a cul-de-sac. The plans also propose another access from the east side approximately 300 feet off ofWashta Bay Road and ending with a cul-de-sac. The required right-of-way for a public street is 60 feet wide with a 60-foot wide radius for cul-de- sacs. The applicant is proposing a 50-foot wide street right-of-way and a 60-foot wide cul-de-sac radius on the west. Likewise, on the east side a 50-foot wide street right-of-way is proposed with a less than 60-foot radius on the cul-de-sac. For continuity with the existing Dartmouth Drive right-of-way, staff is in favor of the applicant's proposal for a variance from the required street right-of-way of 60-feet. Staff would recommend that the cul-de-sac radius and pavement meet the standards of 60-feet and 4S.S-feet, respectively. Also, the applicant must provide a uniform transition from the existing 22-foot wide pavement of Dartmouth Drive to a new 28-foot street section. On the east side, the available right-of-way is limited to 50 feet. Staff has no objection to the reduced right-of-way; however, the cul-de-sac radius must maintain 60 feet with a paved radius of 45.5 feet and a paved roadway section of 28 feet back to back of curb. The right-of- way widens in some areas along the easterly cul-de-sac. This width must maintain 50 feet. The remnant piece located south of the right-of-way shall be deeded to the property to the south. Also, at the Planning Commission meeting, the owner of the property located southeast of the subject site noted that his existing driveway and utilities are located within the proposed right-of-way. With the construction of the new street, the driveway access must be relocated to a new location off of the cul-de-sac. The old driveway shall be removed and the disturbed area shall be reseeded. PARK DEDICATION This property lies within the service area of two neighborhood parks-Minnewashta Heights and Herman Field. The acquisition of additional parkland in this area is not warranted. The property borders a section of the City's Comprehensive Trail system, which exists along the south side of State Highway 7. Residents residing in Boyer Lake Minnewashta Addition will have convenient access to this trail from both Arbor Lane and Washta Bay Road. The plan calls for an internal trail system to allow access to a private recreational beach lot. It is my recommendation that this internal trail be constructed and maintained as a private amenity. Development of this trail connector as a public amenity would duplicate the access currently Boyer Lake Minnewashta Addition }.3FiI Hi May13, 2002 Page 12 provided by the Highway 7 trail and result in unnecessary conflict between trail users and the property owners. TREE PRESERV A TIONILANDSCAPING Tree canopy coverage and preservation calculations for the Boyer Lake Minnewashta Addition are as follows: Total upland area (including outlots) Total canopy area (excluding wetlands) Baseline canopy coverage Minimum canopy coverage allowed Proposed tree preservation 11.52 ac or 501,811 SF 5.99 ac or 260,924 SF 52% 35% or 4.03 ac. 25% or 2.91 ac. The developer does not meet minimum canopy coverage allowed, therefore the difference is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage Multiplier Total replacement Total number of trees to be planted 48,787 SF 1.2 58,545 SF 54 trees A replacement planting plan that lists 61 trees to be planted has been submitted to the city for approval. However, only 57 trees are shown on the landscape plans. The contradiction shall be eliminated before final city approval. Staff recommends placing a tree preservation easement over the westerly 400 feet of Lot 3, Block 1 (beach lot) and the portion of the beach lot located west of Lot 4, Block 2. A sample easement . document recommended by staff can be found in Attachment 6. Buffer ard re uirements are as follows: Re uired 11 overstory 22 understory 22 shrubs North prop. Line - buffer yard B, 30' width, 1088' len th The developer meets buffer yard requirements. ,'" Pro osed 5 overstory + existing 19 understory + existing existjn shrubs Boyer Lake Minnewashta Addition ...J3FiI Hi May 13, 2002 Page 13 COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Lot Lot Home Area Width Depth Setback Ordinance 15,000 non-riparian 90' 125' 30' front/rear 20,000 riparian 10' sides BLOCK 1 Lot I 37,092 102' 345' 30'/30 10' Lot 2 36,621 96' 369' 30'/50'* 10' Lot 3 47,972 77' on curve 329.5' 30'/50'* 10' Lot 4 45,357 70' on curve 225' 30'/50'* 10' LotS 37,978 53' on curve,un 304' 30'130'/60** 10' Lot 6 21,467 68' on curve 220' 30'/30'/60** 10' Lot 7 22,876 127' 215' 30'/30'/60** 10' Lot 8 20,285 lOT 229' 30'/30'/60** /30'***/10' Block 2 Lot 1 18,929 91' 191' 30'/30' 10' Lot 2 24,761 185 156' 30'130' 10' Lot 3 (Beach Lot) 151,518 Lot 4 78,394 riparian 84' on curve 670' 30'/75'/50* 10' * The 50-foot setback includes a 10-foot average wetland buffer in addition to a 40-foot structure setback. ** The 60-foot setback includes a 20-foot average wetland buffer in addition to a 40-foot structure setback. *** The 30-foot bluff setback includes a 20-foot bluff impact zone. Boyer Lake Minnewashta Addition f.3FiI Hi May 13, 2002 Page 14 **** :;: :;~~~ ef Let 5, Blse¡ 1, ffiHst l3e adjusted te lflaiRtaiR 99 feet at tHe 39 fest setl3aelc lIRe. SUBDIVISION - FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District witl1 tl1e e1lse3tieR sf Lst 5, Blssl¡ 1, wHisl1 saR easily l3e eeffested. The applicant submitted calculations that reflected a 90 foot lot frontage which is consistent with the district requirements. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the subdivision ordinance with recommended conditions. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The site is providing storm ponds, sewer, water, streets, etc. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will cause some environmental damage, however, staff is recommending some lots be custom graded to minimize impact on trees. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record. Boyer Lake Minnewashta Addition .^4:JFiI16 May 13, 2002 Page 15 Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. BEACH LOT FINDINGS RECREATIONAL BEACH LOT CONDITIONAL USE PERMIT The development proposal includes a conditional use permit request for a private recreation a] beach lot. The beach lot area contains a total of 151,518 gross sq. ft. The private beach lot includes a trail that leads to the lake area where a common dock will be located with 10 boat slips. Staff strongly supports the combined approach to providing a common lake access. However, the total number of boat slips must be reduced to 9 to meet the letter of the ordinance. The location selected for dock access is the most practical from a positioning point as it avoids impacting wetlands. Section 20-232. General Issuance Standards 1. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or city. Finding: The proposed beach lot will not be detrimental to or endanger the above. The beach lot is intended to enhance the comfort, convenience and general welfare of the neighborhood by providing a recreational amenity. 2. Will be consistent with the objectives of the city's comprehensive plan and this chapter. Finding: The beach lot is consistent with the city's comprehensive plan and zoning ordinance after reducing the number of slips to 9. Boyer Lake Minnewashta Addition f.3FiI Hi May 13, 2002 Page 16 3. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The applicant needs to provide details about the trail to the dock as well as specifications about the dock and any proposed storage racks. The members of the subdivision will be required to form an association to maintain the beach lot. 4. Will not be hazardous or disturbing to existing or planned neighboring uses. Finding: There are several beach lots on Lake Minnewashta. The proposed beach lot will lessen impact on the existing neighborhoods by reducing the number of motorized watercraft permitted on the lake. S. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: There will be a trail off of a public street to access the beach lot. The members of the subdivision will be required to form an association to maintain the beach lot. 6. Will not create excessive requirements for pubJic facilities and services and will not be detrimental to the economic welfare of the community. Finding: The beach lot is not anticipated to have any excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The subdivision needs to form an association to keep the beach lot maintained and to regulate activities on the beach lot. 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. 8. Will have vehicular approaches to the property, which do not create traffic congestion or intelfere with traffic or surrounding public thoroughfares. ·'.:n Boyer Lake Minnewashta Addition fq¡FiI Hi May 13, 2002 Page 17 Finding: All members of the association live within close proximity and will not require vehicular approaches to the property. All motorized watercraft will be launched at the regional park. 9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The development of the beach lot for recreational uses will not result in the loss of any features. Grading on the site is a result of the construction of a storm pond. A conservation easement is requested over the wetland and many of the existing trees. 10. Will be aesthetically compatible with the area. Finding: The beach lot should be properly maintained to remain compatible with the surrounding uses. 11. Will not depreciate surrounding property values. Finding: The beach lot should be an asset to the neighbors by providing a recreational opportunity as well as protected open space. 12. Will meet standards prescribed for certain uses as provided in this article. Findinl!: Section 20-263 Recreational Beach Lots: 1. Recreational beach lots shall have at least two hundred (200) feet of lake frontage. Findinl!: The proposed beach lot has 669 feet of frontage. 2. Except as specifically provided herein, no structure, ice fishing house, camper, trailer, tent, recreational vehicle, shelters (except gazebos) shall be erected, maintained, or stored upon any recreational beach lot. For the purpose of this section, a gazebo shall be defined as, "a freestanding roofed structure which is open on all sides." Findinl!: No structures (except as authorized by the beach lot ordinance) are proposed. 3. No boat, trailer, motor vehicle, including but not limited to cars, trucks, motorcycles, motorized mini-bikes, all-terrain vehicles or snowmobiles shall be driven upon or parked upon any recreational beach lot. Findinl!: No vehicle access is provided. Boyer Lake Minnewashta Addition :\3FiI Hi May 13, 2002 Page 18 4. No recreational beach lot shall be used for overnight camping. Findine:: No camping shall be permitted. S. Boat launches are prohibited. Findine:: No boat launching shall be permitted. 6. No recreational beach Jot shall be used for purposes of overnight storage or overnight mooring of more than three (3) motorized or non motorized watercraft per dock. If a recreational beach lot is allowed more than one (1) dock, however, the allowed number of boats may be clustered. Up to three (3). Sailboat moorings shall also be allowed. Nonmotorized watercraft such as canoes, windsurfers, sailboards and small sailboats may be stored overnight on any recreational beach lot if they are stored on racks specifically designed for that purpose. No more than six (6) watercraft may be stored on a rack. The number of racks shaU not exceed the amount of storage necessary to permit one (1) rack slip per lot served by the beach lot; however, in no case shaU there be more than four (4) racks per beach lot. Docking of other watercraft or seaplanes is permissible at any time other than overnight Findine:: The aU owed number of boats (9) will be clustered on 1 dock. The applicant must demonstrate that the number of racks will not exceed the amount of storage necessary to allow 1 rack slip per lot served by the beach lot. 7. The maximum number of docks on a recreational beach lot is three (3). No dock shall be permitted on any recreational beach lot unless the beach meets the following conditions: a. ShoreJine of at least two hundred (200) feet per dock, and b. Area of at least thirty thousand (30,000) square feet for the first dock and additional twenty thousand (20,000) square feet for each additional dock. Findine:: The beach lot has 669 feet of frontage and an area of 151,518 square feet. This meets the shoreline and area requirements for 3 docks. 8. No recreational beach lot dock shall exceed six (6) feet in width, and no such dock shall exceed the greater of fifty (50) feet or the minimum straight-line distance necessary to reach a water depth of four (4) feet. The width (but not the Jength) of the cross-bar of any "T" or "L" shaped dock shall be included in the computation of Jength described in the preceding sentence. The cross-bar of any such dock shall not measure in excess of twenty-five (25) feet in length. .\, Boyer Lake Minnewashta Addition }\3FiI Hi May 13, 2002 Page 19 Findint!: The applicant needs to provide details about the proposed dock. The applicant should also contact the DNR regarding any state approvals that may be required for common docking areas. 9. No dock shall encroach upon any dock set-back zone, provided, however, that the owner of any two (2) abutting lakeshore sites may erect one (1) common dock within the dock setback zone appurtenant to the abutting Iakeshore sites, if the common dock is the only dock on the two (2) lakeshore sites and if the dock otherwise conforms with the provisions ofthis chapter. Findint!: The applicant needs to provide details about the proposed dock. 10. No sail boat mooring shall be permitted on any recreational beach lot unless it has at least two hundred (200) feet of lake frontage. No more than one (1) sail boat mooring shall be allowed for every two hundred (200) feet of lake frontage. Findint!: No sail boat moorings are proposed. I I. A recreational beach lot is intended to serve as a neighborhood facility for the subdivision of which it is a part. For purposes of this paragraph, the following terms shall mean those beach lots which are located either within (urban) or outside (rural) the Year 2000 Metropolitan Urban Service Area boundary as depicted in the comprehensive plan. c. Urban recreational beach lot; At least eighty (80) percent of the dwelling units, which have appurtenant rights of access to any recreational beach lot, shall be located within one thousand (1,000) feet ofthe recreational beach lot. d. Rural recreational beach lot; A maximum of fifty (50) dwelling units (including riparian lots) shall be permitted appurtenant rights of access to the recreational beach lot. Upon extension of the Metropolitan Urban Service boundary into the rural area, the urban recreational beach lot standards will apply. Findint!: All of the dwelling units are located within 1,000 feet of the beach lot. 12. All recreational beach lots, including any recreational beach lots established prior to February 19, 1987 may be used for swimming beach purposes, but only if swimming areas are clearly delineated with marker buoys which conform to the United States Coast Guard standards. Findint!: No swimming beach is proposed. 13. All recreational beach lots shall have a buffer sufficient to insulate other property owners from beach lot activities. This buffer may consist of topography, streets, vegetation, distance (width or depth), or other features or combinations of features ~\\;,,;'ð Boyer Lake Minnewashta Addition :\pFiI Hi May 13, 2002 Page 21 e. The minimum setback from the ordinary high water mark shall be seventy-five (75) feet. Side and front yard setbacks shall be maximized to achieve maximum screening from adjacent lots and the lake. f. It may only be used Memorial Day to Labor Day and shall be removed from the lot during the rest of the year. g. It shall be securely anchored to the ground to prevent tipping. h. It shall be screened from the lake and residential property with landscaping. \. It shall be serviced at least weekly. J. Only models designed to minimize the potential for spilling may be used. k. Receipt of an annual license from the city's planning department. The license shall be issued unless the conditions of approval of this ordinance have been violated. All license applications shall be accompanied by the following information: I. Name, address, and phone number of applicants. 2. Site plan showing proposed location of chemical toilets. 3. Name, address, and phone number of chemical toilet supplier. 4. Plan for commercially maintaining the chemical toilet, including a copy of any agreement for maintenance, and the name, address, and phone number of person responsible for maintenance. S. A written description of how the applicant intends to screen the portable chemical toilet from all views into the property, including views from the lake. Findinl!: No portable chemical toilets are proposed. 17. No watercraft or boat lift shall be kept, moored, docked, or stored in the dock setback zone. , & r f 18. Gazebos may be permitted on recreational beach lots subject to city counci1 approval and the following standards: a. Minimum setback from the ordinary high water mark shall be seventy-five (75) feet. , ¡ r ~ ; , I, r ¡" f Iv 'T I Findinl!: The applicant should include a clause in the covenants for the HOA to require that no watercraft of boat lift shall be located within the dock setback zone. Boyer Lake Minnewashta Addition f.3FÎI Hi May 13, 2002 Page 20 which provide a buffer. To insure appropriate buffering, the city may impose conditions to insulate beach lot activities including, but not limited to: a. Increased side or front yard setbacks for beach areas, docks, racks or other allowed recreational equipment or activities; b. Hours of use; c. Planting and maintenance of trees and shrubs; d. Erection of fences; e. Standards of maintenance including mowing and trimming; painting and upkeep of racks, docks and other equipment; disposal of trash and debris; f. Increased width, depth or area requirements based upon the intensity of the use proposed or the number of dwellings having rights of access. Findinl!: Existing vegetation will be preserved to the greatest extent possible. Lot width and depth will also provide distance to act as buffer between the beach lot and other properties. In addition, the beach lot is located in the middle of the proposed development. All the properties directly adjacent to the beach Jot will belong to the Homeowners association responsible for its operation and maintenance. To the extent feasible, the city may impose such conditions even after approval of the beach lot if the city finds it necessary. 14. Ovemight docking, mooring, and storage of watercraft, where allowed, is restricted to watercraft owned by the owner/occupant or renter/occupant of homes which have appurtenant right of access to the recreational beach lot. Findinl!: The appJicant shall incorporate a clause in the covenants for the HOA to require that watercraft stored, moored or docked ovemight shall be owned by the owner/occupant or renter/occupant of homes in the association. 15. The placement of docks, buoys, diving ramps, boat racks, and other structures shall be indicated on a site plan approved by the city council. Findinl!: The applicant needs to submit a site plan for City Council approval. 16. Portable chemical toilets may be allowed as a condition of approval of a recreational beach lot. The maintenance and use of chemical toilets on some beach Jots may be unsuitable because they cannot be adequately screened from residential neighbors or lake users. Any use of chemical toilets on recreation beach lots shall be subject to the following: Boyer Lake Minnewashta Addition f.3FiI Hi May 13, 2002 Page 22 b. No gazebo shall be closer to any lot line than the minimum required yard setback for the zoning district in which the structure is located. c. Maximum size of the structure shall not exceed two hundred fifty (250) square feet. d. Maximum height shall not exceed twenty (20) feet. e. Gazebos shall make use of appropriate materials, colors, and architectural and landscape forms to create a unified, high-quality design concept for the lot which is compatible with adjacent and neighboring structures. f. Gazebos shall be properly maintained. Structures which are rotted, unsafe, deteriorated or defaced shall be repainted, repaired, removed, or replaced by the homeowners or beach lot association. g. The following improvements are prohibited in gazebos; screening used to completely encJose a wall, water and sewer service, fireplaces, and electricity Findinl! No gazebos are proposed. Sec.18-22. Variances. The city council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: 1. The hardship is not a mere inconvenience 2. The hardship is caused by the particular physica] surroundings, shape or topographical conditions of the land; 3. The condition or conditions upon which the request is based are unique and not generally applicable to other property; 2. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Findinl!: The applicant is requesting multiple variances. Some were recommended by staff while others were requested by the applicant. These variances are as follows: Right of way width: The ordinance requires a 60 foot Right-of-Way width. The westerly 50 foot ROW was recommended by staff to maintain the character of the neighborhood. The easterly 50 foot width was dictated by the avai]able land. Street Grade: The applicant submitted several options showing a street grade of 7% as required by ordinance to 9% which requires a variance. The amount of grading and tree loss was reduced Boyer Lake Minnewashta Addition f.pFiI Hi May 13, 2002 Page 23 substantially with a 9% grade. Staff is supportive of this variance since it will lessen impact on the site. House Pad: Lot 4, Block 2 has a 50 x 80 house pad. The ordinance requires a 60 x 60 house pad. The applicant has submitted a house plan that will easily fit within the buildable area of the site. Staff has always maintained that the actual houses that get built in Chanhassen are not a 60 x 60 square. PLANNING COMMISSION UPA TE On April 16, 2002, the Planning Commission reviewed and approved this application. The discussion centered on the development of the site with a beach lot vs. individual riparian lots with individual dock rights. Staff explained that the recommendations as proposed by staff would promote preservation of natural features, an issue that was of some concern to a neighbor in Minnewashta Landings which does not have a conservation easement. The Planning Commission approved the application with a vote of 4 to 2. At the Planning Commission meeting, the property owner of the parcel located east of Lot I, Block 2, explained that this development will affect his privacy. The applicant was willing to plant some trees between the two lots. There are existing trees on the property line that the applicant is proposing to save. Staff and the applicant's engineer agreed to 3 additional spruce trees, planted 15 feet on center, along the property line. Following the Planning Commission meeting, on April 29, 2002, staff had a meeting with the applicant regarding the plat. The applicant indicated opposition to a conservation easement and that they wish to submit a revised plat showing riparian lots. Staff explained that such a change is substantial and will necessitate sending the plans back to the Planning Commission. Staff also explained that the variances, wetland alteration permit, and beach lot permit need to be reconsidered in lieu of any changes. Staff recommended approval of these applications based on the fact that environmental features were being protected (see attached letter). The applicant does not approve of the restriction included within the easement. Staff is willing to work with the applicant. Staff s intent is that this area be left "natural." The conservation area is shown as areas that are not proposed to be disturbed. This easement will ensure its protection. RECOMMENDA TlON Staff recommends the City Council adopt the following motion: PRELIMINARY PLAT "The City Council approves the preliminary plat for Subdivision #02-6 for Boyer Lake Minnewashta for 11 lots and one beach lot with variances for a 50 foot right-of-way width, a 9% right-of-way Boyer Lake Minnewashta Addition !.3FiI Hi May 13, 2002 Page 24 grade, and a 50 x 80 house pad on Lot 4, Block 2, as shown on the plans received April 9, 2002, subject to the following conditions: 1. The applicant shall make note on landscaping plan that evergreens shall average 7' in height, with a 6' minimum. 2. Each lot shall have a minimum of one overstory deciduous tree planted in the front yard setback area. 3. A preservation easement shall be dedicated over the westerly 400 feet of the beach lot and the portion located west of Lot 4, Block 2 and east of the channel. 4. In lieu of land dedication and/or trail construction, full park and trail dedication fees should be paid. These fees are to be paid at the rate in force upon final platting and/or building permit application. The current rate is $1,500 per single family dwelling for parks and $500 per single family dwelling for trails. One-third of all park and trail fees applicable to the entire plat are due at the time of final platting. The remaining two-thirds are paid independently at the time of each building permit application. S. The easterly lot line of Lot 1, BJock 2, shall be extended to the north eliminating the finger extending to the east. The remnant parcel shall be deeded to the property to the east. The area located south of the 50-foot cul-de-sac right-of-way, off of Washta Bay Road, shall be deeded to the property to the south. 6. The subdivision shall comply with the following table: COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Lot Lot Home Area Width Depth Setback Ordinance 15,000 non-riparian 90' 125' 30' front/rear 20,000 riparian 10' sides BLOCK 1 Lot 1 37,092 102' 345' 30'/30 10' Lot 2 36,621 96' 369' 30'/50'* 10' Lot 3 47,972 77' on curve 329.5' 30'/50'* 10' Lot 4 45,357 70' on curve 225' 30'/50'* Boyer Lake Minnewashta Addition f.pFiI Hi May 13, 2002 Page 25 10' LotS 37,978 53' on curve ~ 304' 30'130'/60** 10' Lot 6 21,467 68' on curve 220' 30'130'/60** 10' Lot 7 22,876 127' 215' 30'130'/60** 10' Lot 8 20,285 107' 229' 30'130'/60** 130'***/10' Block 2 Lot 1 18,929 97' 191' 30'/30' 10' Lot 2 24,761 185 156' 30'130' 10' Lot 3 (Beach Lot) 151,518 Lot 4 78,394 riparian 84' on curve 670' 30'/75'/50* 10' * The 50-foot setback includes a IO-foot average wetland buffer in addition to a 40-foot structure setback. ** The 60-foot setback includes a 20-foot average wetland buffer in addition to a 40-foot structure setback. *** The 30-foot bluff setback includes a 20-foot bluff impact zone. :.1::*** Tl1e wiàtl1 of Let 5, BIsek I, ffiHst Be aèjHGted ts ffiaiRtaiR 90 feet at the 39 fest seåJaek liRe. The applicant submitted calculations that reflected a 90 foot lot frontage. 7. Fire Marshal Conditions: a. An additional fire hydrant will be required at the intersection of Washta Bay Road and the new proposed street. b. A 1O-foot clear space must be maintained around the fire hydrant i.e., street lamps trees, bushes, shrubs, Qwest, Xcel energy, cable TV and transformer boxes. This is to ensure that hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. Boyer Lake Minnewashta Addition .^.3FiI Hi May 13, 2002 Page 26 c. When fire protection including fire apparatus access roads and water supplies for fire protection is required to be installed such protection shall be installed and made serviceable prior to and during the time of construction. Pursuant to 1997 Minnesota Uniform Fire Code Section 901-3. d. No buming permits will be issued for trees that are removed. Trees or brush must be either removed from site or chipped. e. Submit street names to the Chanhassen Building Official and the Chanhassen Fire Marshal for review and approval. f. Submit cul-de-sac designs to Chanhassen City Engineer and Chanhassen Fire Marshal for review and approval. g. On lots 4,5,6,7 and 8, additional address signs may be required at the driveway entrance if address numbers on the house are not visible from the street. Contact the Chanhassen Fire Marshal for additional information pursuant to Chanhassen Fire DepartmentlFire Prevention Division Policy #29-1992. 8. The utility and drainage easement along the northerly property line of Lots 1 and 2, Block 2, shall be increased to 10 feet, as requested in the attached memo from Reliant Energy, Minnegasco. a. Demolition permits must be obtained before demolishing any existing structures. 9. Building Official Conditions: b. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. c. Provide a water service connection for Lot 8. d. Permits are required for the roof drainage piping on Lots 5, 6, 7 and 8. 10. Tl1e lot v;iEltl1 for Lot 5, BloeJ¡ I shall Be aájHS!eá ts maiRtaiR 99 f-eet at tl1e 39 feet setBaek Iifle, 11. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). Boyer Lake Minnewashta Addition .^.-3FiI Hi May 13, 2002 Page 27 12. All structures shall maintain a 4O-foot setback from the wetland buffer edge. 13. All structures shall maintain a 7S-foot setback from the OHW of Lake Minnewashta. 14. The applicant shall obtain a Conditional Use Permit for the proposed recreational beach lot and shall obtain amendments to the CUP prior to any alterations to the beach lot. IS. The last catch basin prior to discharge into each pond shall be a sump catch basin. 16. The applicant sftt¡H examined the slopes near the southwest corner of Lot 8, Block 1 and determined whetfler Sf Rst they meet the City's criteria for a bluff (rise of 25 feet above the toe and a slope averaging 30% or greater). If tfle slsfJes meet tl1e èlHff cFiteFia, all structures shall maintain a 30-foot setback from the top, toe and sides of the bluff. 17. Easement types and locations shall be called out on the preliminary plat. 18. An encroachment agreement for the trail on Lot 3, Block 2 shall be obtained prior to trail construction. 19. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. 20. Based on the proposed developed area of approximately 10.65 acres, the water quality fees associated with this project are $8,520; the water quantity fees are approximately $21,087. The applicant will be credited for water quality where NURP basins are provided to treat runoff from the site and adjacent areas. The current proposal appears to provide water quality treatment for runoff from 4.1 acres on-site and 39.0 acres off-site. (These figures will be finalized upon final review of the storm water calculations.) In addition, two outlet structures are proposed. Preliminary calculations show a credit of $39,480 against total fees of $29,609. At this time, the estimated total SWMP credit due to the applicant for the provision of ponding for off-site areas in accordance with the SWMP is $9,871. 21. The applicant must apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources) and comply with their conditions of approval. 22. Approval of this application is contingent upon the City of Shorewood reviewing and approving this application. 23. The existing driveway access off of Highway 7 shall be abandoned. Boyer Lake Minnewashta Addition AJ3FiI 16 May 13, 2002 Page 28 24. Lot 3, Block 2 shall be pJatted as an outlot. 25. The pond is required to be designed to National Urban Runoff Program (NURP) standards. 26. Prior to final plat approvaJ, a professional civil engineer registered in the State of Minnesota must sign all plans. 27. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a lO-year, 24-hour storm event. All of the ponds are required to be designed to National Urban Runoff Program (NURP) standards. Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum utility easement width shall be 20 feet wide. 28. Staff recommends that Type II silt fence be used around the grading perimeter of the site and that Type ill silt fence be used adjacent to all ponds and wetlands. The silt fence shall be removed at the completion of construction. A 7S-foot minimum rock construction entrance must be added to the entrance that will be accessed during construction. The applicant should be aware that any off-site grading would require an easement from the appropriate property owner. All disturbed areas must be sodded or seeded and mulched within two weeks of grading completion. 29. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 30. Public utility improvements will be required to be constructed in accordance with the City's latest editions of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 31. Add all applicable 2002 City of Chanhassen Detail Plates to the plans. 32. The proposed development will be required to meet the existing stormwater runoff rates for the 10- and 100-year, 24-hour storm events. ~.¡ Boyer Lake Minnewashta Addition ...J3FiI Hi May 13, 2002 Page 29 33. Revise the plans to show the following for all of the public streets: a 28-foot back-to-back pavement width, a 50-foot right-of-way, and a 4S.S-foot pavement radius for the cul-de- sac with a 60 foot right-of-way radius. Also, the applicant must provide a uniform transition from the existing 22-foot wide pavement of Dartmouth Drive to a new 28-foot street section. 34. Abandon the existing utility lines on the east side of the site, west of the proposed manhole connection. Also, the existing house services shall be connected to the new utility lines and the existing driveway access realigned through the bubble of the cul- de-sac. 35. According to the City's Finance Department records, the underlying parcels on the east and west sides were previously assessed for sanitary sewer and water. However, the underlying parcel in the center of the site was not assessed for utilities. As such, the proposed homesite on Lot 4, Block 2 will be required to pay a sanitary sewer connection charge. The current 2002 lateral connection charge for sanitary sewer is $4,335 per lot. Since the developer will be extending the lateral sewer and water mains to the remaining lots, the sanitary sewer and water connection charges will be waived. Sanitary sewer and water hookup charges will still be applicable for each of the new lots. The 2002 trunk hookup charge is $1,383 for sanitary sewer and $1,802 for watermain. 36. On the utility plan: a. Add storm sewer schedule. b. Show the proposed utilities sewer length and slope, and revise type and class of sewer. c. Revise sanitary service size from 4 inches to 6 inches. d. Relocate the fire hydrant between Lots 4 and 5, Block 1. e. Move trail out of watermain easement right-of-way at the north side. f. Add a leg6l1d. g. Revise watermain type to PVC class C-900. h. No ponding allowed in public street right-of-way. 1. Add a concrete valley gutter to the east access. j. Add and show cul-de-sac draintile. k. Show size of storm sewer culverts on Lot 4 driveway. I. Show all existing services. m. Revise note on connecting to existing sanitary manhole to "construct outside drop structure on existing manhole at Inv. 945". n. The applicant shall work with the utility company to relocate the existing electric wires. 21. On the grading plan: Boyer Lake Minnewashta Addition 1\3Fi116 May 13,2002 Page 30 a. Show the benchmark used for the site survey. b. Show the location of the 75-foot rock construction entrance. c. Add a legend. d. Revise Lot 1, Block 2 garage elevation. e. Revise the pond high water level elevation. f. Show Lot 1, Block 1 and Lots 1 and 2, Block 2 private driveway. g. Private driveway slope is 10% maximum. h. Lots 1,2,3,6,7,8, Block 1 shall be custom graded. i. Add a note "Resod or seed any disturbed areas." 38. The applicant will work with staff to establish an appropriate buffer on the east property line of Lot 1, Block 2. This buffer shall consist of 3 spruce trees, planted 15 feet on center, along the easterly property line. The tree size shall meet the minimum requirements of the ordinance. 39. The applicant shall work with staff to determine the appropriate trail materials." WETLAND AL TERA TION PERMIT "The City Council approves Wetland Alteration Permit #02-3 for Boyer Lake Minnewashta as shown on the plans dated received April 9, 2002 and subject to the following conditions: L Wetland replacement shall Occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall submit a Wetland Replacement Plan Application along with all required supporting materials. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. A wetland replacement plan shall be approved prior to wetland impacts occuning. 2. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around Basin L Wetland buffers 10 to 30 feet in width (with a minimum average of 20 feet) shall be maintained around Basins 2, 3 and the wetland mitigation area. (Those buffers considered for PVC must maintain a minimum width of 16.5 feet.) Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. 3. All structures shaU maintain a 40-foot setback from the wetland buffer edge. 4. Drainage and utility easements shaU be provided over aU existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. Boyer Lake Minnewashta Addition ;\3ril Hi May 13, 2002 Page 31 5. Type ill silt fence shall be provided between wetland and upland areas where work is proposed adjacent to wetland areas or areas to be preserved as buffer. If no buffer is to be preserved, Type ill silt fence shall be provided at the delineated wetland edge. All silt fence shall be removed upon completion of construction. 6. Any disturbed wetland areas shall be reseeded with MnDOT seed mix 25 A, or a similar seed mix that is approved for wetland soil conditions. 7. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers) and comply with their conditions of approval." CONDITIONAL USE PERMIT "The City Council approves Conditional Use Permit #02-2 for Boyer Lake Minnewashta as shown on the plans dated received April 9, 2002 and subject to the following conditions: 1. The beach lot shall contain no more than 3 docks, with no more than 9 spaces for overnight watercraft storage. The plat shall be revised to show 9 spaces, the maximum allowed on a single beach lot by City ordinance. 2. The beach lot shall meet all requirements set forth for recreational beach lots in Section 20-263 of the City Code. 3. A conservation easement shall be placed over the portion of the beach lot that includes Basin 2. 4. The applicant shall specify the materials used for trail construction. S. The trail shall not be extended to the shoreline. 6. The beach lot shall not be used as a boat launch and the City will post the appropriate signage. 7. The applicant shall explore the feasibility of avoiding wetland fill for the trail along the north side of Basin I by installing a boardwalk or similar structure. 8. The proposed trail shall be located within the drainage and utility easement between Lots 4 and 5 on Block 1. Boyer Lake Minnewashta Addition .^.3FiI16 May 13, 2002 Page 32 9. A cross-access easement shall be granted for the trail from the owners of Lots 4 and 5, Block 1 in favor of all the homeowners in the homeowners' association. 10. The number of nonmotorized watercraft storage racks shall not exceed the amount of storage necessary to permit 1 rack slip per lot served by the beach lot. The plans shall reflect the capacity and location of the proposed storage rack(s). 11. An amendment to the Conditional Use Permit shall be required for any changes to the beach lot including but not limited to: dock configuration, installation of portable chemical toilets, placement of boat racks, and placement of structures." ATTACHMENTS 1. Memo from DNR dated received April 8, 2002. 2. Memo from Mak Sweidan dated April 10, 2002. 3. Memo From Mark Littfin, Fire Marshal dated March 20, 2002. 4. Memo From Todd Hoffman, Director of Parks and Recreation, dated AprilS, 2002. S. Letter to Reliant Energy dated March 26, 2002. 6. Memo from Steve Torell, Building Official, dated April 1, 2002. 7. Conservation Easement sample. 8. Letter from John Boyer dated March 20, 2002. 9. Application and Notice of PubJic Hearing. 10. Letter from MNDOT dated April 16, 2002. I I. Letter from Kate Aanenson, dated April 30, 2002. 12. Letter from John Boyer dated May 3, 2002. 13. Drawing showing the edge of the bluff west of Lot 8 and the frontage of Lot 5. 14. Planning Commission minutes dated April 16, 2002. 15. Preliminary plat dated received April 9, 2002. g:\plan\sa\Lk Lucy Ridge\Boyer Minnesota Department of Natural Resources DNR Waters - 1200 Wamer Road, St. Paul, MN 55106-6793 Telephone: (651) 772-7910 Fax: (651) 772-7977 April 2, 2002 Ms. Sharmin AI-Jaff City of Chanhassen 690 City Center Drive P.O. Box 147 Chanhassen, MN 55317 RECEIVE[ APR 0 8 2002 CITY OF CHANHASS Re: Boyer Addition, Lake Minnewashta (10-9P), City ofChanhassen, Carver County Dear Ms. AI-Jaff: Thank you for sending the preliminary plat, received March 20, 2002, for the Boyer Addition to the DNR for review. The Boyer Addition is located in the NWV. of Section 4, TII6-R23. After reviewing the preliminary plat, we have the following comments to offer: I. The Ordinary High Water Level (OHWL) for Lake Minnewashta, as shown on the plat of 945.6' is incorrect. The correct elevation is 944.5' (1929 datum). The applicant needs to show the location of the OHWL, as located by a surveyor, so the actual proposed setback can be determined. 2. Controlled access lots must meet ITontage (200' feet of natural shoreline per dock) and area (30,000 square feet for the first dock and 20,000 square feet for each additional dock) requirements as described in Section 20-263 of the City Code. Based on the proposed shared mooring facility we recommend that covenants be developed, restricting the placement of individual docks along Lots 5-8 for the purpose of shoreline/wetland preservation. A DNR Waters permit will be required for any mooring facility (i.e. docks) that has seven or more moonng spaces. 3. All lots created after the date of the local shoreland controls must meet or exceed required dimensional standards. It appears that Lot 8 would not meet the lot ITontage minimum standard of 90 feet. 4. Topography associated with Lot 8 may meet the definition of a bluff and therefore the structure should be set back at least 30' and vegetation and topography retained in a natural state within 20 feet ITom the top of the bluff as defined in the ordinance. Steep slopes (slopes exceeding 12 %) exist on Lots 6 and 7. The topographic alterations should be minimized in these areas. I)~:R Information: 651-296·6157 I-S88-646-6367' TTY: 651-296-5484 . 1-800-657-3929 .\11 Equ;:¡J Orportunity EJ1~í'Ioyt'r ... Printed on Recycled Paper Containing a \\l~'.; \'abcs Di\"crsity \..,. 'Ai"'i......,..., "f ""0': p"c..r""c,,m..' \1\,::u,fØ Ms. Sharmin AI-Jaff Apri12,2002 Page 2 5. The 100-year flood elevation of Lake Minnewashta is 945.0' (1929 datum). All work that is done for this development must comply with applicable floodplain regulations of both the city and the Minnehaha Creek Watershed District. 6. Any activity, such as placing a stormwater outfall below the OHWL, which alters the course, current, or cross-section, is under the jurisdiction of the DNR and may require a DNR Permit. 7. A license will need to be obtained for utility crossings of public lands and waters from DNR Bureau of Real Estate Management. If sewer and water are to be placed across the existing channel, the applicant will need to contact Ross Sublett @ 651-772-7987 to obtain a license. 8. The following comments are general and apply to all proposed developments: rf construction involves dewatering in excess of 10,000 gallons per day or I million gallons per year, a DNR appropriation permit is needed. rfthe application is less than 50 million gallons, then it typically takes five days to process the permit. If construction activities disturb five acres of land, or more, the contractor must apply for a stromwater permit from the Minnesota Pollution Control Agency (Keith Cherryholmes @ 651- 296-6945). The comments in this letter address DNR Waters jurisdictional matters and concerns. These comments should not be construed as DNR support or lack thereof for a particular project. rfyou have any questions please contact me at (651) 772-7914. ~ - ---./~ Travis Germundson Area Hydrologist c: Tim Gieseke, Carver County SWCD Mike Wyatt, Minnehaha Creek Watershed District Keith Chen-yholmes, MPCA Troy Gamble, Anderson Engineering ofMN, LLC John Boyer, Boyer Building Corp. City of Chanhassen ShoreIand File Minnewashta Lake (lO-9P) File CITY OF CHANllASSEN 7700 Ma~el Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952227,1100 F,,952.227.1110 Building Inspections Phone: 952227.1180 Fa,952227.1190 Engineering p,,,,, 952,2271160 F2<952.2271170 Finance t>:,i,~, 9522r: ~ i~:=i b:~522L71nJ Par' & Recrealion h':"~:: ~J52227.i120 F~x: 952227.1110 ~~::~2.::'~'~: Ct!1:~: 2210 CCjitt~ BDuievard Pholle952227,14oo Fax 952227.1404 Planning & Nalural Resources Pt,one952227.1130 Fax 952227.1110 Public Works 1591Pa'kRoad p~:)1e, 952.227.1300 Fax, 952,2271310 SeniorCenler Phone 9522271125 Fax 952227.1110 Web Site \',v:,';,ci.charlhassen.mn.us T"~ ,,:...~. "I.~~"~~~'~ - ' MEMORANDUM TO: Sharmeen AI-Jaff, Senior Planner FROM: Mak Sweidan, Engineer M.~ DATE: April 10,2002 SUBJ: Preliminary Plat Review for Boyer Lake Minnewashta Addition Land Use Review File No. 02-06 Upon review of the plans dated March 15,2002, prepared by Anderson Engineering of Minnesota, I offer the following comments: GRADING. DRAINAGE & EROSION CONTROL The plans propose to grade about 75% of the site for the new house pads and proposed streets. The proposed grading will prepare the site for lookout and walkout-type dwellings. The street drainage will be conveyed via stonn sewer to three proposed storm water ponds for treatment prior to discharging to the existing wetlands and channel to Lake Minnewashta. The majority ofthe existing site drains to a wetland in the center of the parcel. Site drainage ITom this wetland flows south into Lake Minnewashta. The proposed development will be required to meet the existing stormwater runoff rates for the 10- and 100-year, 24-hour storm events. The City's Surface Water Management Plan (SWMP) shows two regional ponds located on this site. The applicant has followed the SWMP and included the regional ponds as a part of the development. The applicant has submitted drainage calculations for the development. Staff has reviewed the calculation and only minor modifications are needed. All of the proposed ponds are required to be designed to National Urban Runoff Program (NURP) standards. The storm sewer will have to be designed for a 10-year, 24- hour storm event. Drainage and utility easements will need to 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. Staff recommends that Type II silt fence be used around the grading perimeter of the site and that Type ill silt fence be used adjacent to the lake and wetlands. A 75-foot minimum rock construction entrance must be added to each ofthe entrances that will be used during construction. The applicant should be aware that any off-site grading would require an easement ITom the appropriate property owner. All disturbed areas must be sodded or seeded and mulched within two weeks of grading completion. Sharmeen AI-Jaff April 10, 2002 Page 2 UTILITIES Municipal sewer and water service is available to the site from existing mains in Dartmouth Drive and Washta Bay Road. There is also an existing sewer line that runs along the lake. The applicant is proposing to extend sewer and water lines along the proposed streets to service the proposed lots. Staff recommends that the existing sewer and water line on the east side of the site, south of the proposed cul-de-sac, be abandoned to avoid having para]]eJ utility lines. Also, the existing homes, which are connected to this line, would have to be connected to the new lines. According to the City's Finance Department records, the underlying parcels on the east and west sides were previously assessed for sanitary sewer and water. However, the underlying parcel in the center of the site was not assessed for utilities. As such, the proposed homesite on Lot 4, BI. 2 wi]] be required to pay a sanitary sewer connection charge. The current 2002 lateral connection charge for sanitary sewer is $4,335 per lot. Since the developer wi]] be extending the lateral sewer and water mains to the remaining lots, the sanitary sewer and water connection charges will be waived. Sanitary sewer and water hookup charges will still be applicable for each of the new lots. The 2002 trunk hookup charge is $1,383 for sanitary sewer and $1,802 for watermain. Public utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications wi]] be required at the time of final platting. The applicant wi]] also be required to enter into a development contract with the City and to supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee insta]]ation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, MnDOT, etc. STREETS The plans propose to extend Dartmouth Drive from the west side approximately 200 feet ending with a cul-de-sac. The plans also propose another access from the east side approximately 300 feet off of Washta Bay Road and ending with a cul- de-sac. The required right-of-way for a public street is 60 feet wide with a 60-foot wide radius for cul-de-sacs. The applicant is proposing a 50-foot wide street right-of- way and a 60-foot wide cul-de-sac radius on the west. Likewise, on the east side a 50-foot wide street right-of-way is proposed with a less than 60-foot radius on Sharmeen AI-Jaff April 10, 2002 Page 3 the cul-de-sac. For continuity with the existing Dartmouth Drive right-of-way, staff is in favor of the applicant's proposal for a variance from the required street right-of-way of 60-feet. Staff would recommend that the cul-de-sac radius and pavement meet the standards of 60-feet and 4S.S-feet, respectively. Also, the applicant must provide a uniform transition from the existing 22-foot wide pavement of Dartmouth Drive to a new 28-foot street section. On the east side, the available right-of-way is limited to 50 feet. Staff has no objection to the reduced right-of-way, however, the cul-de-sac radius must maintain 60 feet. RECO~NDEDCONDITIONSOFAPPROVAL 1. The pond is required to be designed to National Urban Runoff Program (NURP) standards. 2. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 3. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm sewer will have to be designed for a 10-year, 24-hour storm event. All of the ponds are required to be designed to National Urban Runoff Program (NURP) standards. Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the IOO-year flood level. The minimum utility easement width shall be 20 feet wide. 4. Staff recommends that Type II silt fence be used around the grading perimeter of the site and that Type ill silt fence be used adjacent to all ponds and wetlands. A 7S-foot minimum rock construction entrance must be added to the entrance that will be accessed during construction. The applicant should be aware that any off-site grading would require an easement from the appropriate property owner. All disturbed areas must be sodded or seeded and mulched within two weeks of grading completion. S. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 6. Public utility improvements will be required to be constructed in accordance with the City's latest editions of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the Sharmeen AI-Jaff April 10, 2002 Page 4 appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 7. Add all applicable 2002 City of Chanhassen Detail Plates to the plans. 8. The proposed development will be required to meet the existing stormwater runoff rates for the 10- and l00-year, 24-hour storm events. 9. Revise the plans to show the following for all of the public streets: a 28-foot back-to-back pavement width, a 50-foot right-of-way, and a 4S.S-foot pavement radius for the cul-de-sac with a 60 foot right-of-way radius. Also, the applicant must provide a uniform transition from the existing 22-foot wide pavement of Dartmouth Drive to a new 28-foot street section. 10. Abandon the existing utility lines on the east side of the site, west of the proposed manhole connection. Also, the existing house services shall be connected to the new utility lines. 1 I. According to the City's Finance Department records, the underlying parcels on the east and west sides were previously assessed for sanitary sewer and water. However, the underlying parcel in the center of the site was not assessed for utilities. As such, the proposed homesite on Lot 4, BI. 2 will be required to pay a sanitary sewer connection charge. The current 2002 lateral connection charge for sanitary sewer is $4,335 per lot. Since the developer will be extending the lateral sewer and water mains to the remaining lots, the sanitary sewer and water connection charges will be waived. Sanitary sewer and water hookup charges will still be applicable for each of the new lots. The 2002 trunk hookup charge is $1,383 for sanitary sewer and $1,802 for watermain. 12. On the utility plan: a. Add storm sewer schedule. b. Show the proposed utilities sewer length and slope, and revise type and class of sewer. c. Revise sanitary service wye size from 4 inches to 6 inches. d. Relocate the fire hydrant between Lots 4 and 5, Block I. e. Move trail out of watermain easement right-of-way at the north side. f. Add a legend. g. Revise watermain type to PVC class C-900. h. No ponding allowed in public street right-of-way. 1. Add a concrete valley gutter to the east access. J. Add and show cul-de-sac draintile. k. Show size of storm sewer culverts on Lot 4 driveway. I. Show all existing services. Sharmeen AI-Jaff April 10, 2002 Page 5 m. Revise note on connecting to existing sanitary manhole to "construct outside drop structure on existing manhole at Inv. 945". 13. On the grading plan: a. Show the benchmark used for the site survey. b. Show the location of the 7S-foot rock construction entrance. c. Add a legend. d. Revise Lot 1, Block 2 garage elevation. e. Revise the pond high water level elevation. f. Show Lot 1, Block 1 and Lots 1 and 2, Block 2 private driveway. g. Private driveway slope is 10% maximum. c: Teresa J. Burgess, Public Works Director/City Engineer Matt Saam, Assistant City Engineer g:\eng\projects\boyer addition\prel. plat review.doc CITY OF CHANHASSEN 7700 Markel Boulevard POBox 147 Chanh"sen. MN55317 Adminislralion Phon, 952.227.1100 fax 9522271110 Building Inspections Pc,or,e 9522271180 fax 952227.1190 Engineering >~:'e 9522271160 ;:~, 9522271ì7G Finance c-~ 'J ~ .. '( :;J~ ~~ "'. ", ,:'~ ¿'¿"' u - Park& Recreation ~, ?~22;':: 1i2Ci :~" ~;52227111D -..:~: ':;1 Ce~I:~- > ~;':' 3'~~::;'''G:J :';' 952.22i140J F:,,522271404 Planning & Natural Resources ",:·,29522271130 F::> 9522271110 PubiicWorks 15SiParf:Road " Y,,9522271300 F,,9522271310 Senior Center P''''29522271125 fax 952227.1110 WebSile \;\'''\',_Cí,:~2~hasse~ r-n,us MEMORANDUM TO: Shantlin AI-Jaff, Senior Planner FROM: Mark Littfin, Fire Marshal DATE: March 20, 2002 SUBJECT: Consider a request for a subdivision of a 13.6 acre site into 11 lots and one beach lot with variances and a wetland alteration pentlit, a conditional use pentlit for the creation of a 2.5 acre beach lot. The site is located south of Highway 7, south ofWashta Bay Road, north of Lake Minnewashta and east of Dartmouth Drive. Boyer Lake Minnewashta Addition, Boyer Building Corporation. Planning Case: 2002-6 SUB 2002-3 Wetland, 2002-2 CUP I have reviewed the request for a subdivision for the above project. In order to comply with the Chanhassen Fire Department/Fire Prevention Division, I have the following tire code or city ordinance/policy requirements. The plan review is based on the infonnation submitted at this time. If additional plans or changes are submitted, the appropriate code or policy items will be addressed. 1. An additional fire hydrant will be required at the intersection ofWashta Bay Road and the new proposed street. 2. A I O-foot clear space must be maintained around the fire hydrant i.e., street lamps trees, bushes, shrubs, Qwest, Xcel energy, cable TV and transfontler boxes. This is to ensure that hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9- I. 3. When fire protection including fire apparatus access roads and water supplies for fire protection is required to be installed such protection shall be installed and made serviceable prior to and during the time of construction. Pursuant to 1997 Minnesota Uniform Fire Code Section 901-3. 4. No buming pentlits will be issued for trees that are removed. Trees or brush must be either removed from site or chipped. 5. Submit street names to the Chanhassen Building Official and the Chanhassen Fire Marshal for review and approval. 6. Submit cul-de-sac designs to Chanhassen City Engineer and Chanhassen Fire Marshal for review and approval. 7. On lots 4,5,6,7 and 8, additional address signs may be required at the driveway entrance if address numbers on the house are not visible from the street. Contact the Chanhassen Fire Marshal for additional infontlation pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. g:\safety\ml\plrev\2002-6 Thp rit\l of rh:>nh':lC'C'pn . ' "' ,',~ '_~__c' ,',.. - ,h_._',_..L · .- CITY OF CHANHASSEN 690 City Ct.!" Drivt. PO Box 147 Ch.mhtzssftl, MinntsOtII55317 Phonr612.937.1900 Grn",! Fa 612.937.5739 Enginming Fa 612.937.9152 Publir S4ftty Fa 612.934.2524 U"íh urwu',cÍ.c/¡l/nhossen,mn,UJ C'H A NH ASSRN FrRF. nRP A RTMRNT POT .TC'V PRRMTSRS mRNTTFrC'A TTON ~pnp.rSlI Numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible &om the street or road fi'onting the property. Said numbers shall contrast with their background. Size and location of numbers shall be approved by one of the following - Fire Marshal, Fire Inspector, Building Official, Building Inspector. Requirements are for new construction and existing buildings where no address numbers are posted. nth",. R"qlli,.,.mf'nt~ _ r.rnp,.,,1 1. ~umbers shall be a contrasting color from the background. 2. :\'umbcrs shall not be in script. 3. If a structure is not "isible from Ihe street, additional numbers arc required at the driHWa)' entrance. Size and location must be appro\·cd. .t. i\'umbcrs on mail box at drivewa)' entrance ma)' be a minimum of 4". Uowc\·cr. requirement #3 must still be met. S. Administratin authority ma)' require additional numbers if deemed nccess811', nro¡irfpn,i~1 Urqllirrml'nfc (, nr 1,.0;<;: (I,,"plling IInit' I. Minimum height shall be 5 inches. 2. Building permits will nol be tinaled unless numbers arc posled and appron~d b)' Ihe Building Department rnmmrrri~1 RrQ"ir,.ml'nh: I. :\Iinimum heighlshall be 12". 2. l\Iulli·Tenanl Buildings a. Building address range, minimum height of 12 inches. b. Address numbers required on alllenant doors. Minimum height of6 inches. J. If address numbers are localed on a direCIOl)' entr)' sign, addilional numbers will be required on the buildings main enlrance. 4. Signage on overhead! delÍ\'ef)' doors will also be required. Chanhassen Fire Department Fire Prevention Policy #29-1992 Date: 06/15/92 Revised: 4/12/00 Page I of I 1jv~ ApproveM' Marshal CITY OF CHANHASSEN 7700 Markel Boulevard PO Box 147 Chíinhassen. MN55317 Adminislration Phone 952227.1100 Fa<:9522271110 BUildinglnspe'tions Phace 952.2271180 r" 952227.1190 Engineering "-::l~ 9522271160 , f':·:'227.1170 Finance c .~'-' Park & Recreation ~:~ 22"71 i2C <2 i~7111C: . '. ... -. ro·.!~· -", - -., " '"" , ~_.' ;:-:~'~ f'J2227 î4X! ;:1~ 952.227 'I':'J4 Planning & Natural Resources ~J2227113C' £,. 0~,:¿2r'lE' Public Works ::91 P2~kR02j :> : ,-,~ ~'~2 22;' i 3JCI F¿,:952227.131C Senior Center H-Jr,¡;:9S2.227.1125 Fa<:952227.1110 WebSile l·..·.\';,:;,c~I¿~~ass2n,~..;,us MEMORANDUM TO: Sharmeen AI-Iaff, Planner II . T~dd Hoffman, Park & Recreation Director -;l!( FROM: DATE: AprilS, 2002 SUBJ: Boyer Lake Minnewashta Addition I have reviewed the aforementioned subdivision request as it relates to the park and recreation section of the City's Comprehensive Plan. This property lies within the service area of two neighborhood parks-Minnewashta Heights and Herman Field. The acquisition of additional parkland in this area is not warranted. The property borders a section of the City's Comprehensive Trail system, which exists along the south side of State Highway 7. Residents residing in Boyer Lake Minnewashta Addition wiJI have convenient access to this trail from both Arbor Lane and Washta Bay Road. The plan calls for an Internal traIl system to aJIow access to a private recreational beachlot. It is my recommendation that this internal trail be constructed and maintained as a private amenity. Development of this trail connector as a public amenity would duplicate the access currently provided by the Highway 7 trail and result in unnecessary conflict between trail users and the property owners. RECOMMENDATION It is recommended that the following conditions of approval regarding parks and recreation be required of Boyer Lake Minnewashta Addition: · In lieu of land dedication and/or trail construction, full park and trail dedication fees should be paid. These fees are to be paid at the rate in force upon final platting and/or building permit application. The current rate is $1,500 per single family dwelling for parks and $500 per single family dwelling for trails. One-third of all park and trail fees applicable to the entire plat are due at the time of final platting. The remaining two-thirds are paid independently at the time of each building permit application. g:\park\lh\boyer lake.doc The Citv 01 Chanhassen . ~ r'o':..:~:~ ,o~r-,"'" .' -j'- c'c~'·· 'o~'~; ',- o"j ~~h~r.!~ ~ ,oh~,,....i,,~ ~''''',¡~"... ¡~.:,,:...~ h"c:~""~^r ""n~'~~ ,."'1, "~~ ~._.,,'L,' ~~.'.. ,~_"' ,'.._ .. ~ReJ;ant ", Energy," Minnegasco 700 West Linden Avenue P.O. Box 1165 Minneapolis. Minnesota 55440-1165 March 25, 2002 Sharmeen AI-Jeff Senior Planner City of Chanhassen 690 City Center Drive, P.O. Box 147 Chanhassen, MN. 55317 RE: Preliminary plat of Boyer Lake Minnewashta Addition Dear Mr. AI-Jaff: With reference to the proposed plat reference above, Reliant Energy Minnegasco currently has a natural gas main installed along the north line of Lots 1 & 2. Reliant Energy Minnegasco requests that a general utility easement be created along the north 10.00 feet of Lot 1 and Lot 2, Block 2, Boyer Lake Minnewashta Addition. If you have any questions, please call me at 612.321-5381. Respectfully, RELIANT ENERGY MINNEGASCO ~~·t~ Steven Van Bargen Right-of-Way Administrator REceiVED MAR 2 6 2002 CITY OF CHANHASSEN , It MEMORANDUM TO: Shannin AI-laff, Senior Planner FROM: Steven Torell, Building Official c-~- // DATE: April I, 2002 SUB}: Site Plan review for: Boyer Lake Minnewashta Addition Planning Case: 2002-6 SUB, 2002-3 Wetland, 2002-2 CUP I have reviewed the plans for the for the above development and have the following conditions: I. Demolition permits must be obtained before demolishing any existing structures. 2. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 3. Provide a water service connection for Lot 8. 4. Permits are required for the roof drainage piping on Lots 5, 6, 7 and 8. G/safety/sUmemos/plan/Boyer Lake Minncwashta Addition f I (( I ',b Ih _, ,_'?.L-'^--- CONSERV A nON EASEMENT Instrument made this 29th day of August, 2000, by and between Marsh Glen, L.L.C., her');nafter referred to as "Grantor", and the City ofChanhassen, a Minnesota municipal corporation ("City"). Witncsscth: The Grantor, in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, grant unto the City a permanent conservation easement for the purposes set forth in this instrument, over, under, and across the premises described in the attached Exhibit A ("subject property"). L Grantor and for its heirs, successors, and assigns, agree that the following are prohibited in perpetuity on the subject property: A Constructing, installing, or maintaining anything made by man, including but not limited to buildings, structures, walkways, clothes line poles, and playground equipment. B. Cutting, removing, or altering trees or other vegetation, except for noxious weed control by or as directed by a government agency. C. Excavation or filing. D. Application offert¡l¡zers, whether natural or chemical. · E. Application of chemicals for the destruction or retardation of vegetation. F. The deposit of waste, yard waste, or debris. G. The application of herbicides, pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. H. Outside storage of any kind. 1. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. 2. Grantors and for its heirs, successors, and assigns, further grant the City the affirmative right, but not the obligation to do the following on the subject property: A. Preserve, improve and enhance the slope, trees, vegetation, and natural habitat by altering, clearing, and removing trees or other vegetation, by changing the contour ofthe'land, and by'planting trees or other vegetation. B. Enter upon the subject property at any time to enforce compliance with the terms of this instrument. ¡,¡ Grantorlhrl~ Marsh GIen, L.L.C. by Steven Kroiss, Jr. its Governor. City of Chanhassen By: Nancy K. Mancino, Mayor And: Scott Botcher, City Manager ) ~ \ I ( - , þvc i ~ \ \ \ ):RECT ROOF :JRAINAGE TO ?aND 952.0 , þ)-. , " o r I, ,i"\ ".: .-:~'!' " \ \ I " I \ \ 3CYc:i,j /lII'R~ b°f'ES ./" IUU \ \ " " \ \ \ i \- .' ~ pI \ ').( \ \ \ Uì ~ \ --, \ \ END 811: ÞÁTH \ \ BE:Gff,"PfRVlOUS \ \ "'ÁiL Gi \ \ \ r'O', I \ . ;~> \ / \ !~ "~. oJ '" '::¡. ", JOt ~'?, ~ ~ ~l t ·':::2{'! :~:9~;: 'f I I LO ,~.\ \ \ \ L_ j¡ ~--i"'"~C-' - -../""--.j "'~--- ,'1 12 I" i .....-- / ¿- --0'" 3 -6r CL. !II RIP RAp ¡ï I -, i""- :;J}:;;~.;~ :t: 5"". "t':' -If~ ;:J¿ -.",' AndèrsOtl EÜgi1ièet11ig of Mii111esota, Ltc t' ¡\Ii T, 1>: N G ~ E E R 1 N G CON'S U L T Å N T S 80YER LAkË MNNEWAs~ CHANHASSEN¡ MINt Building Corporation 18279 Minnetonka 80ulevard . Deephaven, MN 55391-3346' (952) 475-2097 3/20/02 Dear City Council Members, Planning Commission and Staff, It is with great satisfaction and pride that Boyer Building Corporation is submitting to you this proposal to subdivide a 13.6 acre site along the Northeastern shore of Lake Minnewashta. We have been working with your staff to bring about the most ecologically sensitive plan for this subdivision. By proposing only 11 building sites over the property (less than I unit per acre) we feel the development strikes a real bargain for the ecology of the land yet allows enough density and economy to make the project feasible for the developer and affordableto the future home owner. The site has great beauty and opportunity for these 11 homeowners' to share in lake living and lifestyle. It also has some real challenges that need to be dealt with and adjusted for. This plan does just that. By tip-toeing around the sensitive wetland areas, being respectful ofIake and wetland setbacks, creating regional ponding to treat and purify downstream water runoff fÌ'om surrounding communities and consolidating shoreline boat dockage, we feel ,this, plan is a respectful and proper use of the land. It is in our experience, that developments of this kind with this many ecological challenges often require several variances and sometimes zoning changes to recognize the tradeoffs that can benefit the community. With this plan there are only two variances requested. The first is a variance to increase the slope of the public street extension of Dartmouth Drive to 9%. With this additional street grade, the impact on the current site will be greatly reduced. The variance will allow for reduced slopes at the cul-de-sac, preserve trees, and decrease slopes into the ponds and driveways. The second variance request is for the modification of building pad size for lot 4 block 2 fÌ'om the standard 60-feet by 60-feet to 80-feet by 50-feet. This site is a beautiful home site and can easily support a fabulous home. It is extremely common to design homes well within this building size. The site occupies the entire Eastside of the channel slightly more than 2 acres. This lot measures 140-feet at the EastlWest dimension and 680-feet along the North/South dimension.' Because of the lakeshore to the South and the channel shoreline to the West, and the required 75-foot setback from each, the available building pad is 50' from East to West after deducting for the IS-foot Eastside setback It is notable that along the North/South direction the building could extend up to 195 feet should one desire that large of a footprint. Enclosed are several examples of homes that will fit within this building pad. We ask that you consider the hardship imposed by the lake setback and apply flexibility to the ordinance by allowing the 80-feet by 50-feet minimum building pad size for this home site. JOh,Jyer / '?---: i' '^--l~)..1t,,- B6yer Building Corpßration MN Contractors' License #2988 03/15/02 FRI 11:15 FAX 763 383 1089 ;.--- -., ANDERSON ENGINEERING ~002 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937-1900 DEVELOPMENT REVIEW APPUCAll0N APPlJCANT: ADDRESS: Boyer Building Corporation 18279 Minnetonka Blvd. OWNER: ADDRESS: Deephaven, MN 55391 'TElEPHONE (Daytime) (952) 475-2097 TELEPHONE: _ Comprehensive Plan Amendment _ Temporary Sales Pemï~ .'''''"___ Conditional Use Pem1it - Vacation of ROWlEasementS Interim Use Permit X Variance _ Non-conforming Use Permit ~ Wetland Atteration Permit ¿:¡ ,S':\ _ Planned Unit Development' _ Zoning Appeal P.::z'Ining f- . _ Sign Permits _ Zoning Ordinance Amendment Site Plan RevieW" -. ......-.-.....- ...... -:.....- Sign Plan Review -'-- Notification Sign .x Subdivision' .JL Escrow for Filing Feest AMmey Cost" ($50œ~/Sp CNARNlAPlMetes an" :::Ounds, ¡nor SUB) TOTAL FEE $ 13 . co A list of all property owners within 500 feet of the boundaries of the property must be Included with the application. Building material samples must be submitted with site plan reviews. "Twenty-six full size folded copies of the plans must be submitted, Including an aVo" x 11" reduced copy of transparency for each plan sheet. . - Escrow will be required for other applications through the development contract NOlE - When multiple applications are processed, the appropriate fee shall be charged for each application. Received Time Mar.15. 11:16AM , 03/15/02 FRI 11 -' 15 FAX 763 383 1089 ANDERSON ENGINEERING ~ 004 .,/ l' ~. RDJECTNAMEJp'(~ ~ fhINiJ6VVP,SWrt't ßÞDI -nO,.) . >CATION ~V,"" D~ .Jwy. Y'J A-T 7?::JF ¡UPte.T1--I S'J)ë OF '-.-H::E"' m/^-.JI\I£"W4S¡fT7'J. ~GAl DESCRIPTION '5Eë 6NC.L..O.s g't) f l.A-1VS )TAl.ACREAGE I~." Ac.tLSS mANDS PRESENT )(. YES NO !ESENTZONING ~SF (W ""'IN SI-\Olc:E;Ul-NJ) V'%P'\ì". DI~ìJ2.Ic....,..) ¡QUESTED ZONING 51'\-t\'lE" (ESENTlAND USE DESIGNATION DUESTED lAND USE DESIGNATION ;ASONFORTHISREQUEST /{eslDEJI,/T7¡q.L S.vßD/V'~'ON (ŠF Þêì1KI..J6'J) ') , .s appncalion must be completed in full and be typewritt,¡n or c!'èarly printed and must be accompanied by all information .::1 plans required by applicable City Ordinance provisions. Befor? filing this application, you should confer with the Planni:1!) ipartment to detemline the specific ordinance and procedural requirements applicable to your application. . Je1ennimrtion of completenass of the application shall be made within :en business days of application submittal. A written ,ice of application deficiencies shall be mailed to the applicantwit'1i:1 ten ¡'usiness days of application. S is 10 certify that I am making application for the described action .:')/ :fie C,!¡ and that I am responsible for complying with City requirements with regard to this request. This applica\ion should ue prnce¡¡stoJ in my name and I am the party whom City should contact regarding any matter pertaining to this application. I have attacl'sd a copy of proof of ownership (either IY of Owner's Duplicate Certificate of· Title, Abstract of TItle or purchase agrs'!ment), or I am ¡he. authorized psrson to maks applica!ionand the fee owner hás also signed this application. . . m keep myself infonned of the deadlines for submission of material and the progress. of this application. I further lerstand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any 10rization to proceed with the study. The documents and information I have submitted are true and correct to the best of knowled9e. !. .ii- . city hereby notifies the applicant that development review:·d.nno¡ lie c:Jmp!eted within 60 days due to public hearing þirements and agency review. Therefore, the city Is notifying the applicl\nt that the city requires an automatic 60 day ~n.<;ion for development review. Development review shall be completed within ~ 20 days unless ac'ditional review hsions are proved by Ihe applicant. fu:a!ion Received on Fee Paid 5/i':)&\,2- ate ð/Í5/()êt Date Receipt No. iapp'licant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. bt contacted, a copy of the report will be mailed to the applicant's address. Received Time Mar.15. 11: IRAM NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, APRIL 16, 2002 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. APPLICANT: Boyer Building Corporation PROPOSAL: Subdivide Property into 11 Single Family Lots LOCATION: East of Dartmouth Drive, South of Hwy. 7 NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Boyer Building Corporation, request for subdivision of 13.6 acre site into 11 lots and one beach lot with variances a wetland alteration permit, and a Conditional Use permit for the creation of a 2.5 acre beach lot. The site is located south of Highway 7, west of Minnewashta Bay Road, north of Lake Minnewashta, and east of Dartmouth Drive, Boyer Lake Minnewashta Addition. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1134. 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 April 4, 2002. Smooth Feed Sheets™ EILEEN F BOYER 3630 VIRGINIA AVE ,WAYZATA MN 55391 KIRK A & LINDA J M DICKEY 6221 BARBERRY CIR EXCELSIOR MN 55331 KIRK & LINDA DICKEY 6221 ~~!~_..-" EXCE~ MN 55331 ROBERT & MARY LORENCE PO BOX 744 RICHMOND MN 56368 ROBERT E HASELOW 6-108 ]NTERLACHEN BLVD ':DlNA MN :\:\-136 ;TEVEN ESCOTT q 10 DARTMOUTH DR ¿XCELSIOR MN 55331 :TEVEN CARL HALL :?:?J ARBORLN XCELSIOR MN 55331 llOMAS JOSEPH MERZ ?Ol DARTMOUTH DR XCELSIOR MN 55331 JOANNE GINTHER 31 DARTMOUTH DR XCELSIOR MN 55331 ¡SAN I FIEDLER 21 DARTMOUTH DR (CELSIOR MN 55331 -- DONALD K & CHERL YN SUEKER 3111 DARTMOUTH DR EXCELSIOR MN 55331 EILEEN F BOYER 3630 VIRGINIA AVE WAYZATA MN 55391 LESLIE M MICHEL 2840 WASHTA BAY RD EXCELSIOR MN 55331 ALAN KRUTSCH & SUSAN M PRINCE 2950 WASHTA BAY RD EXCELSIOR MN 55331 PHILLIP & MARSHA TOUHEY 285I NORTH MANOR RD EXCELSIOR MN 55331 WILLIAM JOHN KILBY :?930 WASHTA BAY RD EXCELSIOR MN 55331 WILLIAM J & MARY JANE KILBY 2930 W ASHT A B~~ EXCELSIOjJ._____ MN 55331 ,/~- JOHN L FERM 2920 W ASHT ABA Y RD EXCELSIOR MN 55331 JEROME E COVENY 2921 WASHTA BAY RD EXCELSIOR MN 55331 WAYNE A HOLZER TRUSTEE OF TRUST 2911 WASHTABAYRD EXCELSIOR MN 55331 Use template for 5160(!) DONALD M NICHOLSON 2901 WASHTA BAY RD EXCELSIOR MN 55331 ESTATE OF HARRY /LOUISE AHRENS C/O JERRY TESCHENDORF 14010 CENTER DR W LAKEWOOD CO 80228 JOHN F & MARY C SCHUMACHER 2941 WASHTA BAY RD EXCELSIOR MN 55331 DENNIS L HANSEN & KATHLEEN A CALDWELL 2841 NORTH MANOR RD EXCELSIOR MN 55331 ROBERT J & ANNE L CHRISTIAN 2971 W ASHT A BAY RD EXCELSIOR MN 5533t ANDREW D & CATHERINE J SCOREY 2931 WASHTA BAY RD EXCELSIOR ¡,no; :;:;JJI PETER J BOYER 19685 EXCELSIOR BLVD EXCELSIOR MN 5533] KELLY J & PAMELA SHEEHAN 2951 WASHTABAYRD EXCELSIOR MN 55331 MARK A & YOMARIE OLSEN 296] WASHTA BAY RD EXCELSIOR MN 55331 JOHN F & MARY C SCHUMACHER 294] ;~ ~~~T ~Y--RE>-'- EXC~ MN 55331 Smooth Feed Sheets™ EIT.EEN F BOYER 3630 VIRGINIA AVE WAYZATA MN 55391 CARVER COUNTY CARVER COUNTY GOVT CTR-ADMIN 600 4TH ST E CHASKA MN 55318 CARVER COUNTY CARVER COUNTY GO TI<-ÃbMIN 600 4TH ST E CHASKA MN 55318 CARVER COUNTY CARVER COUNTY GQV:r. CTR-ADMIN 600 4TH ST y-,--- ~- MN 55318 LEE ANDERSON PLEASANT ACRES HOME OWNERS 6651 MINNEWASHTAPKY EXCELSIOR MN 55331 JEFFREY W & TERESA P KERTSON 6810 MINNEWASHTA PKY EXCELSIOR MN 55331 JAMES & RUTH A BOYLAN 6760 MINNEW ASHT A PKY EXCELSIOR MN 55331 DAVID R BARBARA M HEADLA ,870 MINNEW ASHT A PKY ::XCELSIOR MN 55331 IEFFREY J & DEBRA J PAPKE ;180CARDINALDRS òXCELSIOR MN 55331 WBERT C & ANN OSBORNE ;815 RED CEDAR POINT RD õXCELSIOR MN 55331 - RL ¡XV'_i~"",_J6+S FRANCES T BORCHART 7331 MINNEWASHTAPKY EXCELSIOR MN 55331 STEPHEN & SANDRA BAINBRIDGE 7351 MINNEWASHTAPKY EXCELSIOR MN 55331 WILMER & MARILYN LARSON 7380 MINNEW ASHT A PKY EXCELSIOR MN 55331 DONALD D & COLLEEN KLINKE 7301 MINNEWASHTAPKY EXCELSIOR MN 55331 KENNETH W & RUTH J SMITH 3837 RED CEDAR POINT RD EXCELSIOR MN 55331 MPLS COUNCIL OF CAMPFIRE GIRLS 640 GRANT ST E MINNEAPOLIS MN 55404 CARVER COUNTY . CARVER COUNTY_GOV! êTR-ADMIN 600 4TH ST v--- CHA~KA-/ MN 55318 PETER B & PAMELA J STROMMEN 322t DARTMOUTH DR EXCELSIOR MN 55331 STEPHEN C & KAREN A MARTIN 3211 DARTMOUTH DR EXCELSIOR MN 55331 THOMAS JOSEPH MERZ 3201 DARTMOUTH DR EXCELSIOR MN 55331 Use template for 5160@ C JOANNE GINTHER 3131 DARTMOUTH DR EXCELSIOR MN 55331 SUSAN I FIEDLER 3121 DARTMOUTH DR EXCELSIOR MN 55331 DONALD K & CHERL YN SUEKER 3111 DARTMOUTH DR EXCELSIOR MN 55331 JOHN L & LORI A WEBER 3220 DARTMOUTH DR EXCELSIOR MN 55331 ABRAHAM & DOROTHY ABBARIAO 3750 ARBORETUM BL VDPO BOX 26 CHANHASSEN MN 55317 ABRAHAM & DOROTHY ABBARIAO 3750 ARBORETUM BL VDPO BOX 26 CHANHASSEN----~·55317 --- ~ KENNETH R & MARTHA L SORENSEN 3800 LONE CEDAR CIR CHASKA MN 553t8 SCOTT P & LAURIE A GAUER 3820 LONE CEDAR LN CHASKA MN 55318 JAMES F & DOLORES LIPE 3880 LONE CEDAR LN CHASKA MN 553t8 MICHAEL DEAN ANDERSON 7140 HAZELTINE BLVD EXCELSIOR MN 55331 Smooth Feed Sheets™ WB M & CALI L OLSON 1700 CRIMSON BAY RD :HASKA MN 55318 ~ICHARD A & DARLENE J HANSON '750 CRIMSON BAY RD ~HASKA MN 55318 [OBERT W & MARY M HAGEMAN & 11CHAEL E & JENNIFER GRA YES 660 CRIMSON BAY RD :HASKA MN 55318 'ANIEL J & KAREN A HERBST 640 CRIMSON BAY RD :HASKA MN 55318 ."iTONINA Q FERNANDEZ 610 CRIMSON BAY RD :HASKA MN 55318 EMTOM COMPANY 597 A:-;AGRAM DR DEN PRAIRIE MN 55344 ETSCH CORP '0 JOHN GETSCH 04 GLENGARRY PKY )INA MN 55436 :TSCH CORP J MARJORIE GETSCH 30 DOGWOOD RD :CELSIOR MN 55331 TSCH CORP ./~ /' ) MARJQR-IE GETSCH ;0 Dj)GWOOD RD CELSIOR MN 55331 ARLES & JENNIFER NEWELL ,0 DOGWOOD RD :ELSIOR MN 55331 - CHARLES & JENNIFER 7550 DOGWOOD EXCELSIOR 55331 FRITZ WILMER LARSON & MARILYN E LARSON 3940 HAWTHORNE CIR EXCELSIOR MN 55331 EDWARD L MONSER & KATHRYN M HOWARD 3910 HAWTHORNE CIR EXCELSIOR MN 55331 JAMES R & SHERYL A BJORK 3900 LONE CEDAR CIR CHASKA MN 55318 DAVID & SALLY PETERJOHN 391] HAWTHORNE CIR EXCELSIOR MN 55331 GUY A & LINDA G MEYERS 3980 HAWTHORNE CIR EXCELSIOR MN 5533] JAi'VIES E GARFUNKEL TRUSTEE OF TRUST 3738 HICKORY RD EXCELSIOR MN 55331 MARK E AMBROSEN & ANN C SENN 3830 MAPLE SHORES DR EXCELSIOR MN 5533] KENT J & JULIE A FORSS 3850 MAPLE SHORES DR EXCELSIOR MN 5533] GUY P POCHARD & GABRIELE H WITTENBURG 3870 MAPLE SHORES DR EXCELSIOR MN 5533] Use template for 5160@ EI~EENFBOYE .- 3630 VIR AVE WAY A MN 55391 CHARLES F & VICKI LANDING 660] MINNEWASHTAPKY EXCELSIOR MN 55331 THOMAS & MARY ALLENBURG 6621 MINNEW ASHT A PKY EXCELSIOR MN 5533] MINNEW ASHT A CREEK HOMEOWNERS C/O NANCY NARR 3950 LINDEN CIR EXCELSIOR MN 55331 WILLIAM & JEAN M MCDANIEL 3341 SHORE DR EXCELSIOR MN 55331 MICHAEL A SR & TONI L HALLE EN MICHAEL JR & STEPHA."IIE HALLEEN 3351 SHORE DR EXCELSIOR MN 5533t HENRY & DOLORES A ARNESON TRUSTEES OF TRUST ]3791 TONBRIDGE CT BONITA SPRINGS FL 34135 KAREL V & NANCI L V AN LANGEN 3411 SHORE DR EXCELSIOR MN 55331 WAYNE S HAGEN 342] SHORE DR EXCELSIOR MN 5533] JOHN B MCKELLIP 21020 RADISSON RD EXCELSIOR MN 5533] Smooth Feed Sheets™ PAUL M & MARJORIE A MODELL 3441 SHORE DR EXCELSIOR MN 55331 MARTIN & JANET L BEUKHOF 3451 SHORE DR EXCELSIOR MN 55331 MINNEW ASHT A HEIGHTS ASSN C/O JOHN WARREN. TREAS 6340 ELM TREE AVE EXCELSIOR MN 55331 DOUGLAS M & JODI B BERG 3471 SHORE DR EXCELSIOR MN 55331 RICHARD & STEPHANIE F WING ~'81 SHORE DR EXCELSIOR MN 55331 \\lLLIAM P & MARGARET COLDWELL ~501 SHORE DR EXCELSIOR MN 55331 THOMAS R & KAREN C LONDO 376-1 LANDINGS DR EXCELSIOR MN 55331 TIMOTHY M & MARY K O'CONNOR 3748 LANDINGS DR EXCELSIOR MN 55331 ?AUL V & ALYSSA S NESS 3732 LANDINGS DR ~XCELSIOR MN 55331 3RUCE D & KARLA J WICKSTROM ,7]6 LANDINGS DR :XCELSIOR MN 55331 -- JAMES L & CONNIE A VOLLING 3700 LANDINGS DR EXCELSIOR MN 55331 JOHN R & KRIST! J SESTAK 3688 LANDINGS DR EXCELSIOR MN 55331 JEAN G GEISLER 3680 LANDINGS DR EXCELSIOR MN 55331 KENNETH C DURR 4830 WESTGATE RD HOPKINS MN 55345 WILLIAM J & EILEEN S STERNARD 6510 BA YVIEW DR EXCELSIOR MN 5533t KENNETH C DURR 4830 WESTGAT~~ HOPKIN~ MN --- 55345 JEROME E COVENY 2921 WASHTABAYRD EXCELSIOR MN 5533] WAYNE A 'HOLZER TRUSTEE OF TRUST 2911 WASHTABAYRD EXCELSIOR MN 5533] DONALD M NICHOLSON 2901 WASHTA BAY RD EXCELSIOR MN 5533] HAZEL P ANDERSON 2851 WASHTA BAY RD EXCELSIOR MN 5533] Use template for 5160@ BRUCE J & JEANNINE T HUBBARD 2841 WASHTA BAY RD EXCELSIOR MN 55331 KRISTEN L ORTLIP 2831 WASHTABAYRD EXCELSIOR MN 55331 PER & E LAURIE JACOBSON 2840 TANAGERS LN EXCELSIOR MN 55331 HERBERT J & PATRICIA L PFEFFER 2850 TANAGERS LN EXCELSIOR MN 55331 ESTATE OF HARRYILOUlSE AHRENS CIO JERRY TESCHENDORF t4010 CENTER DR W LAKEWOOD CO 80228 GARY A & KATHLEEN A MUSGJERD 403] TERRACE LN MINNETONKA MN 55305 ZOE K BROS 663] MINNEWASHTAPKY EXCELSIOR MN 5533] JAMES A & JEAN WAY 664] MINNEW ASHT A PKY EXCELSIOR MN 5533] LEE R ANDERSON TRUSTEE OF TRUST 665] MINNEW ASHT A PKY EXCELSIOR MN 5533] . Smooth Feed Sheets™ .. 'RUCE & KAREN BOSSHART 571 MINNEWASHTAPKY òXCELSIOR MN 55331 .. ~BERT M & PATRICIA A JOSEPH /01 MINNEWASHTAPKY ,XCELSIOR MN 55331 .. :ED CEDAR COVE TOWNHOUSE .. PO BOX 181 ;¡CELSIOR MN 55331 . DWIN L & LIVIA SEIM RUSTEES OF SEIM FAMILY TRUST "2 CHARLES DR \N LUIS OBISPO CA 93401 \.THLEEN LOCKHART ]8 RED CEDAR POINT RD :CELSIOR MN 5533] EVEN E & MARSHA E KEUSEMAN 21 RED CEDAR POINT RD :CELSIOR MN 5533] IC L & LINDA M BAUER ~4 RED CEDAR POINT RD CELSIOR MN 55331 òPHEN M GUNTHER & LEN KATZ-GUNTER 8 HICKORY RD :ELSIOR MN 5533t 1£S & PATRICIA A MOORE ) HICKORY RD :ELSIOR MN 55331 ~Y PETERSON '10TH AVE NW i BRIGHTON MN 55112 ,- GREGORY BOHRER 3706 HICKORY RD EXCELSIOR MN 55331 ALFRED & CARLOTTA F SMITH 3714 HICKORY RD EXCELSIOR MN 55331 MARVIN NICHOLAS YORK 3716 HICKORY RD EXCELSIOR MN 55331 STATE OF MINNESOTA IN TRUST CIO AUDITOR - DNR WITHHELD 600 4TH ST E CHASKA MN 55318 TIMOTHY J NELSON & DANA E COOKE 3724 HICKORY RD EXCELSIOR MN 5533] JOAN E RASK 3728 HICKORY RD EXCELSIOR MN 55331 MICHAEL & SUS^,'" L MORGAN 3734 HICKORY RD EXCELSIOR MN 55331 MARGARET PARSONS & JOHN L PARSONS 3732 HICKORY RD EXCELSIOR MN 55331 RICHARD E & NANCY J FRIEDMAN 3601 RED CEDAR POINT RD EXCELSIOR MN 55331 JESSICA BELLE LYMAN 3603 RED CEDAR POINT RD EXCELSIOR MN 55331 Use template for 5160(!) DK CONSULT B V " -' DOUGLAS B & JAMIE ANDERSON 3607 RED CEDAR POINT RD EXCELSIOR MN 55331 JEAN D LARSON 3609 RED CEDAR POINT RD EXCELSIOR MN 55331 LUMIR C PROSHEK 3613 RED CEDAR POINT RD EXCELSIOR MN 55331 EMIL & P SOUBA 14015 V ALE CT EDEN PRAIRIE MN 55344 KATHLEEN LOCKHART 36] 8 RED CEDAR POINT RD EXCELSIOR MN 55331 BIRUTA M DUNDURS 3617 RED CEDAR POINT RD EXCELSIOR MN 55331 LINDA L JOHNSON 3629 RED CEDAR POINT RD EXCELSIOR MN 55331 DOUGLAS R & ELLEN ANDING 3631 SOUTH CEDAR EXCELSIOR MN 55331 HELEN MARIE ANDING CIO MARY JO BANGASSER 8321 VIEW LN EDEN PRAIRIE MN 55347 Smooth Feed Sheets™ THOMAS C & JACQUELINE JOHNSON 3637 SOUTH CEDAR EXCELSIOR MN 55331 EVELYN Y BEGLEY 3701 SOUTH CEDAR EXCELSIOR MN 55331 GEORGE H & MELANIE B WERL 4849 SHERIDAN AVE S MINNEAPOLIS MN 55410 JEFFREY L & MICHELLE A JOHNSON 3705 SOUTH CEDAR EXCELSIOR MN 55331 JILL D HEMPEL 3707 SOUTH CEDAR EXCELSIOR MN 55331 ."--\RON & ADRIENNE THOMPSON 3711 SOUTH CEDAR DR EXCELSIOR MN 55331 MARIANNE I & RICHARD BANDING TRUSTEES OF TRUST 3715 SOUTH CEDAR E.XCELSIOR MN 55331 R1CHARD B & MARIANNE F ANDING 3715 SOUTH CEDAR EXCELSIOR MN 55331 KEVIN W & ANN J EIDE 3719 SOUTH CEDAR EXCELSIOR MN 55331 JAMES P & SUSAN S ROSS 3725 SOUTH CEDAR EXCELSIOR MN 5533l - WILLIAM R & RENEE M HAUGH 3727 SOUTH CEDAR EXCELSIOR MN 55331 GREGORY A & ROBIN M NIEMANN 3231 DARTMOUTH DR EXCELSIOR MN 55331 JONATHAN D & KRIST! K HARRIS 3241 DARTMOUTH DR EXCELSIOR MN 55331 MINNEW ASHT A SHORES INC CIO PATRICIA CRANE 6341 CYPRESS DR EXCELSIOR MN 55331 WILLIAM 0 & STEPHANIE NAEGELE 3301 SHORE DR EXCELSIOR MN 55331 PATRICIA J HEGMAN 3311 SHORE DR EXCELSIOR MN 55331 BARBARA DIAj',,'E WINTHEISER 3321 SHORE DR EXCELSIOR MN 55331 FLORENCE E BISCHOFF TRUSTEE OF TRUST 3331 SHORE DR EXCELSIOR MN 55331 DAVID C & DONNA B HOELKE 3621 IRONWOOD RD EXCELSIOR MN 55331 JAMES 0 JR & CHRIST AN GINTHER 3611lRONWOOD RD EXCELSIOR MN 55331 Use template for 516011) ANDREW D & CATHERINE J SCOREY 2931 WASHTA BAY RD EXCELSIOR MN 55331 . MARK A & YOMARIE OLSEN 2961 WASHTA BAY RD EXCELSIOR MN 55331 JOHN F & MARY C SCHUMACHER 2941 WASHTABAYRD EXCELSIOR MN 55331 STEVEN D & JUDY LEMMINGS 6350 GREENBRIAR EXCELSIOR MN 55331 ANN ALEE MARIE HANSON TRUSTEE OF TRUST 6400 GREENBRIAR EXCELSIOR MN 55331 ROBERT W & SALLY P HEBEISEN 3607 IRONWOOD RD EXCELSIOR MN 55331 RICHARD L & ANN M ZWEIG 3601 IRONWOOD RD EXCELSIOR MN 55331 SCOTT A BROlN & SHARON L PAULSON 3840 LONE CEDAR ClR CHASKA MN 55318 STEPHEN B & JANE C VONBEVERN PO BOX 874 CHANHASSEN MN 55317 ARNOLD & CAROL M HED 3860 LONE CEDAR CIR CHASKA MN 55318 Smooth Feed SheetsTM TRATFORD RIDGE HOMEOWNERS AS!'\ /0 KEITH F BEDFORD 961 STRATFORDRDG XCELSIOR MN 55331 ENNETT J & SHARON M MORGAN 10 LAKE LUCY RD HANHASSEN MN 55317 'ANCY H WENZEL 100 MINNEw ASHT A PKY XCELSIOR MN 55331 JGER W OAS ¡Ol DOGWOOD (CELSIOR MN 55331 :OTT A VERGIN ¡ 1 DOGWOOD RD ,cas lOR MN 55331 ,IARTIN & DONNA R JONES 2 ¡ DOGWOOD ,CELSIOR MN 55331 NET M QUIST ET AL 31 DOGWOOD CELSIOR MN 55331 'HARD C LUNDELL 1 DOGWOOD :::ELSIOR MN 55331 [N & JOYCE FOLEY RICHARD J FOLEY 1 DUNBERRY LN INEAPOLIS MN 55435 N H & KAREN L DIRKS DOGWOOD RD ELSIOR MN 55331 - Use template for 5160® WILLIAM D & DEBRA J HUMPHRIES 3890 LONE CEDAR CIR CHASKA MN 55318 JOHN & VERNA PETERJOHN 3892 LONE CEDAR LN CHASKA MN 55318 DOUGLAS M & GINGER B POLINSKY 3894 LONE CEDAR CIR CHASKA MN 55318 GREGG R & GAY MARIE JANDRO 3896 LONE CEDAR LN CHASKA MN 55318 TERRANCE M & PAMELA JOHNSON 3898 LONE CEDAR LN CHASKA MN 55318 TROLLS-GLEN HOMEOWNERS ASSN C/O B F SCHNEIDER. TREASURER PO BOX 103 CHANHASSEN /vIN 55317 DANA L & NANCY M JOHNSON 6541 MINNEWASHTAPKY EXCELSIOR MN 55331 DEAN A & JACQUELINE P SIMPSON 7185 HAZELTINE BLVD EXCELSIOR MN 55331 PETER T & DEANNA 0 BRANDT 7570 DOGWOOD RD EXCELSIOR MN 55331 03/15/02. FRI 11:15 FAX 763 383 1089 :.-- ..··t ANDERSON ENGINEERING IaI002 CITY OF CHANHASSEN 690 COULTER DRIVE CHANHASSEN, MN 55317 (612) 937·1900 DEVELOPMENT REVIEW APPLICATION APPUCANT: ADDRESS: Boyer Building Corporation 18279 Minnetonka Blvd. OWNER: ADDRESS: Deephaven, MN 55391 -'-'::'I::0HO E(D . ) (952) 475-2097 .=.=- N aytlme TELEPHONE: _ Comprehensive Plan Amendment _ Temporary Sales Permit .' -'-- Conditional Use Pemlit - Vacation of ROW/Easements Interim Use Permit X Variance - ~ ~ Weiland Aiteration Permit Qì'S. . _ Non-conforming Use Permit .. _ Planned Unit Development· _ Zoning Appeal F. ~~"ning 1- .-- _ Sign Permits _ Zoning Ordinance Amendment Site Pan Review· _ Notification Sign ....:- Sign PIanReview ..A. Su:xlivision· ÓÇB~ , 1- Escrow for Rling FeesfAMrney cosr· ($50 C~:-'/SP· CNARNJAPlMetes and 80unds, 0 inor SUB) TOTAL FEE $ \3 ·<::>0 A fISt of aU property owners within 500 feet of the boundaries of the property must be Included with the application. Bunding material samples must be submitted with site plan reviews. 4'fwenty-six fuU size folded copies of the plans must be submitted, Including an BV," X 11" reduced copy of transparency for each plan sheet. . - Escrow will be required for other applications through the development contract NOlE - When muitiple applications are processed, the appropriate fee shall be charged for each application. 03/15/02 FRI Il: 15 FAX 763 383 1089 ANDERSON ENGINEERING ~ 004 .,/ ;1/ " ~DJECTNAMEJpl(~ ~ J11'NtJE:'1µfJ,SJ.'T7't fJ.ÞDI Ì10tJ >CATION ~v1J./ Dt=',I4WY. '1 A-r 711£" ¡Vo/Z.T£4 s/Þë OF '-A~E'" mltùN~4-!¡rTfl GAlDESCRIPTION 5éê" G;NC-L.O.5/:'D fUHJS )TAlACREAGE /3. {, Ac.fl..E:S EllANDS PRESENT )( , YES !E5E\rTZONlNG "eSF (w l'T\o\IN :QUESTEDZONING 5~t:õ :ESENTlAND USE DESIGNATION :QUESTED lAND USE DESIGNATION ASON FOR THIS REQUEST ~e;;ID8'J17~L !Õ..vßD/V 'S'../oN (~F .l>ëm-<:~6'D ') NO S~OIC--e;tA1VJ) ...,t'o"',.... DI!ó"n2.IC.:r) , s appfication must be completed in full and be typewritt.,n or c!0arly printed and must be accompanied by all information ¡ plans required by applicabie City Ordinance provisions. 8efor~ filing this application, you should confer with the Planni;10 Jartment to determine the specific ordinance and procedural reqL!ircments applicable to your application. e1ennìna1ìon of completenazs of the application shall be made wìlhin :p.n business days of application submittal. A written ice Df application deficiencies shall be mailed to the applicantwitl¡;' ten¡'usiness days of application. S is 10 certify that! am making application for the described action ~)I me CIl:' and that I am responsible for complying with :;ity requirements with regard to this request This applica~on should ue pmce:¡s!:J in my name and I am the party whom City should contact regarding any matter pertaining to this application. I h<:ve attacÞed a copy of proof of ownership (either yof Owne(s Duplicate Certificate of· Title, Abstract of Title or purchase agre'!ment), or I am the authorized person to make appj~on and the fee 0l¥ner há~a!so signed this application. li 1<~p myself infonned of the deadlines for submission of, material and the progress of this applicaUon. I furt~er :erstand that additional fees may be charged for consulting fees. feasibility studies. etc. with an estimate prior to any 10rization to proceed with the study. The documents and information I have s~bmitted are true and correct to the best of IDOwJed,ge. ¡ ~' , d1y ñereby notifies the applicant that development review:',in!10i lie L':Jmp!e¡¡:d within 60 days due to public hearing ìirements and agency review. Therefore, the city is notifying the applicant that the city requIres an automatic 60 day !n.o¡iO¡1 for development revIew. Development review shall be completed within ~ 20 days unless ac'ditional review '!1Siens are proved by the applicant. Fee Paid 5/;S/"2- Date :%5/0ZT Date Receipt No. ica!ion Received on appTIcant sñould contact staff for a copy of the staff report which will be available on Friday prior to the meeting. )t contacted, a copy of the report will be mailed to the applicant's address. NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, APRIL 16, 2002 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. APPLICANT: Boyer Building Corporation PROPOSAL: Subdivide Property into 11 Single Family Lots LOCATION: East of Dartmouth Drive, South of Hwy. 7 NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Boyer Building Corporation, request for subdivision of 13.6 acre site into 11 lots and one beach lot with variances a wetland alteration permit, and a Conditional Use permit for the creation of a 2.5 acre beach lot. The site is located south of Highway 7, west of Minnewashta Bay Road, north of lake Minnewashta, and east of Dartmouth Drive, Boyer lake Minnewashta Addition. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Sharmeen at 227-1134. 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 April 4, 2002. Smooth Feed Sheets™ EILEEN l' BOYER 3630 VIRGINIA AVE WAYZATA MN 55391 KIRK A & LINDA J M DICKEY 6221 BARBERRY CIR EXCELSIOR MN 55331 K]RK & LINDA DICKEY 622] ~~~!'~_.-" EXC~ MN 55331 ROBERT & MARY LORENCE PO BOX 744 ~1C1IMOND MN 56368 {OBERT E IIASELOW ,~Qí; ¡"'TERLACHEN BL VD ])11\'A ¡>IN 55~36 ;T!,VEN ESCOTT ,110 DARTMOUTH DR ,XCELSI0R MN 55331 TEVEN CARL HALL :?:?] ARBORLN XCELSIOR MN 5533] I I0:lJAS JOSEPH MERZ 201 DARTMOUTH DR XCELSIOR MN 55331 JOANNE GINTHER 31 DARTMOUTH DR :CELS]OR MN 55331 SAN I FJEDLER 'I DARTMOUTH DR CELSIOR MN 5533] DONALD K & CHERL YN SUEKER 3111 DARTMOUTH DR EXCELSIOR MN 55331 EILEEN l' BOYER 3630 VIRGINIA AVE WAYZATA MN 55391 LESLIE M MICHEL 2840WASHTA BAY RD EXCELSIOR MN 55331 ALAN KRUTSCH & SUSAN M PRINCE :?950 W ASHT ABA Y RD EXCELSIOR MN 55331 PHILLIP & MARSHA TOUHEY :?85] NORTH ~L\NOR RD EXCELSIOR MN 55331 WILLIAM JOII", KILBY :?930 W ASHTA BAY RD EXCELSIOR MN 55331 WILLIAM J & MARY JANE KILBY :?930 WASHTA BA):.R-Ð---- EXCELSIOR______- MN 55331 ...../-_. JOHN L FERM :?9:?0 W ASHT ABA Y RD EXCELSIOR MN 55331 JEROME E COVENY :?9:?1 WASHTA BAY RD EXCELSIOR MN 55331 WAYNE A HOLZER TRUSTEE OF TRUST :?911 WASHTABAYRD EXCELSIOR MN 55331 Use template for 5160@ DONALD M NICHOLSON 2901 WASHTA BAY RD EXCELSIOR MN 55331 EST ATE OF HARRYILOUISE AHRENS C/O JERRY TESCHENDORF 14010 CENTER DR W LAKEWOOD CO 80228 JOHN l' & MARY C SCHUMACHER 2941 WASHTA BAY RD EXCELSIOR MN 55331 DENNIS L HANSEN & KATHLEEN A CALDWELL :?841 NORTH MANOR RD EXCELSIOR MN 55331 ROBERT J & ANNE L CHRISTIAN :?971 WASHTA BAY RD EXCELSIOR MN 55331 ,\NDREW D & CATHERINE J SCOREY :?93] WASHTA BAY RD EXCELSIOR j..:iì'; J.JJJl PETER J BOYER ]9685 EXCELSIOR BLVD EXCELSIOR MN 55331 KELLY J & PAMELA SHEEHAN 2951 WASHTABAYRD EXCELSIOR MN 55331 MARK A & YOMARIE OLSEN 2961 WASHTABAYRD EXCELSIOR MN 55331 JOHN F & MARY C SCHUMACHER 2941 WASHTA!!þ-Y-RÐ'-'- EXCELSl~ MN 55331 ----- Smooth Feed Sheets™ EILEEN F BOYER 3630 VIRGINIA AVE WAYZATA MN 55391 CARVER COUNTY CARVER COUNTY GOVT CTR-ADMIN 600 4TH STE CHASKA MN 55318 CARVER COUNTY CARVER COUNTY GO 'f!ÇÂDMIN 600 4TH ST E CHASKA MN 55318 CARVER COUNTY CARVER COUNTY GQVI CTR-ADMIN 600 4TH ST s.----- -- ~-- MN 55318 LEE .-'--':DERSON PLEASANT ACRES HmIE OWNERS 6651 :-IlNNEW ASHT A PKY EXCELSIOR MN 55331 JEFFREY W & TERESA P KERTSON 6S1O yJINNEWASHTA PKY EXCELSIOR MN 55331 JA:-IES & RlITH A BOYLAN 6ï60:-IINI'>"EWASHTA PKY EXCELSIOR MN 5533 t D1\ \'ID R BARBARA M HEADLA ,SïO \JINNEW ASHT A PKY ~XCELSIOR MN 55331 EFFREY J & DEBRA J PAPKE ) 1 SO CARDINAL DR S ,XCELSIOR MN 55331 :OBERT C & AJ'-IN OSBORNE 815 RED CEDAR POINT RD ,XCELSIOR MN 55331 R. L PC<.. ,-\c<--...-I bk FRANCES T BORCHART ï331 MINNEWASHTAPKY EXCELSIOR MN 55331 STEPHEN & SANDRA BAINBRIDGE ï351 MINNEW ASHT A PKY EXCELSIOR MN 55331 WILMER & MARILYN LARSON ï380 MINNEW ASHT A PKY EXCELSIOR MN 55331 DONALD D & COLLEEN KLINKE ï301 MINNEWASHTAPKY EXCELSIOR MN 55331 KENNETH W & RUTH J SyJITH ,837 RED CEDAR POINT RD EXCELSIOR MN 55331 :'IPLS COUNCIL OF C.-\MPFIRE GIRLS 640 GRANT ST E MINNEAPOLIS MN 55404 CAR VER COUNTY CARVER COUNTY_GOY! êTR-ADMIN 600 4TH ST E/'- CHA~KA-/ MN 55318 PETER B & PAMELA J STROMMEN 3221 DARTMOUTH DR EXCELSIOR MN 55331 STEPHEN C & KAREN A MARTIN 3211 DARTMOUTH DR EXCELSIOR MN 55331 THOMAS JOSEPH MERZ 3201 DARTMOlITH DR EXCELsrOR MN 55331 Use template for 5160(!) C JOANNE GINTHER 3131 DARTMOlITH DR EXCELSIOR MN 55331 SUSAN I FIEDLER 3121 DARTMOUTH DR EXCELSIOR MN 55331 DONALD K & CHERL YN SUEKER 3111 DARTMOUTH DR EXCELSIOR MN 55331 JOHN L & LORI A WEBER 3220 DARTMOUTH DR EXCELSIOR MN 55331 ABRAH.-'--\1 & DOROTHY ABBARIAO 3ï50 ARBORETUM BL VDPO BOX 26 CHANHASSEN MN 553Iï ABRAHAM & DOROTHY ABBARIAO 3ï50 ARBORETUM BL VDPO BOX 26 CHANHASSEN-----~¡y_·553 I 7 ~- ~ KENNETH R & MARTHA L SORENSEN 3800 LONE CEDAR CIR CHASKA MN 55318 SCOTT P & LAURIE A GAUER 3820 LONE CEDAR LN CHASKA MN 55318 JAMES F & DOLORES LlPE 3880 LONE CEDAR LN CHASKA MN 55318 MICHAEL DEAN ANDERSON 7140 HAZELTINE BLVD EXCELSIOR MN 55331 Smooth Feed SheetsTM WB M & CALI L OLSON 1700 CRIMSON BAY RD :HASKA MN 55318 UCHARD A & DARLENE J HANSON 7750 CRIMSON BAY RD :HASKA MN 55318 ~OBERT W & MARY M HAGEMAN & ¡!ICHAEL E & JENNIFER GRA YES ;660 CRIMSON BAY RD ~HASKA MN 55318 )A"IEL J & KAREN A HERBST ¡6~0 CRIMSON BAY RD 'HASKA MN 55318 ,:\TO:\INA Q FERNANDEZ 620 CR¡~IS01' BAY RD 'H.-\SK.-\ MN 553I8 '~ITml COMPANY 597 A:\AGR.-\J\! DR J)E:\ PRAIRIE M01 553~4 CHARLES & JENNIFER 7550 DOGWOOD EXCELSIOR MN 55331 FRITZ WILMER LARSON & MARILYN E LARSON 3940 HAWTHORNE cm EXCELSIOR MN 55331 EDWARD L MONSER & KATHRYNMHOWARD 3920 HAWTHORNE CIR EXCELSIOR MN 55331 JAMES R & SHER YL A BJORK 3900 LONE CEDAR ClR CHASKA MN 553I8 DA VID & SALLY PETERJOHN 392 I HAWTHORNE ClR EXCELSIOR M1' 55331 GUY A & LINDA G MEYERS 3980 HA WTHORNE CIR EXCELSIOR MN 5533 I , "TSCH CORP 1A,\IES E GARFUNKEL .0 JOHN GETSCH TRUSTEE OF TRUST "O~ GLDIGARRY PKY 3738 HICKORY RD óJI:\A MN 55~36 EXCELSIOR MN 55331 ETSCH CORP MARK E AMBROSEN & o ;"IAR10RIE GETSCH ANN C SENN ,30 DOGWOOD RD 3830 MAPLE SHORES DR XCELSIOR MN 55331 EXCELSIOR MN 55331 , "TSCH CORP . / KENT 1 & JULIE A FORSS / / "J MARJORIE GETSCH 3850 MAPLE SHORES DR 30 DOGWOOD RD EXCELSIOR MN 55331 {CELsIOR MN 55331 . ~ARLES & JENNIFER NEWELL 50 DOGWOOD RD -CELSIOR MN 55331 GUY P POCHARD & GABRIELE H WITTENBURG 3870 MAPLE SHORES DR EXCELSIOR MN 55331 Use template for 5160(1) MN 55391 CHARLES F & VICKI LANDING 6601 MINNEW ASHT A PKY EXCELSIOR MN 55331 THOMAS & MARY ALLENBURG 6621 MINNEWASHTAPKY EXCELSIOR MN 55331 MINNEW ASHT A CREEK HOMEOWNERS C/O NANCY NARR 3950 LINDEN CIR EXCELSIOR MN 55331 WILLlMvl & JEAN M MCDANIEL 33~1 SHORE DR EXCELSIOR MN 55331 MICHAEL A SR & TONI L HALLEEN MICHAEL 1R & STEPHA,'IIE HALLEEN 3351 SHORE DR EXCELSIOR MN 5533l HENRY & DOLORES A ARNESON TRUSTEES OF TRUST 13791 TONBRIDGE CT BONITA SPRINGS FL 34I35 KAREL v & NANClL VAN LANGEN 34 I 1 SHORE DR EXCELSIOR MN 55331 WAYNE S HAGEN 3421 SHORE DR EXCELSIOR MN 55331 JOHN B MCKELLlP 21020 RADISSON RD EXCELSIOR MN 55331 Smooth Feed Sheets™ PAUL M & MARJORIE A MODELL 3441 SHORE DR EXCELSIOR MN 55331 MARTIN & JANET L BEUKHOF 345t SHORE DR EXCELSIOR MN 55331 :OVIlNNEW ASHT A HEIGHTS ASSN C/O JOHN WARREN, TREAS 6340 ELM TREE AVE EXCELSIOR MN 55331 DOUGLAS M & JODI B BERG 3471 SHORE DR EXCELSIOR MN 55331 RICHARD & STEPHA"IE F WING ~-IS 1 SHORE DR EXCELSIOR W'; 55331 \\'ILLIA.\1 P & MARGARET COLDWELL ~501 SHORE DR EXCELSIOR MN 5533t THOMAS R & KAREN C LONDO 3764 LANDINGS DR EXCELSIOR MN 55331 n"IOTHY M & MARY K O'CONNOR '7-18 LANDINGS DR ::XCELSIOR MN 55331 'AUL V & ALYSSA S NESS '732 LANDINGS DR ,XCELSIOR MN 55331 ;RUCE D & KARLA J WICKSTROM 716 LANDINGS DR XCELSIOR MN 55331 JAMES L & CONNIE A VOLLlNG 3700 LANDINGS DR EXCELSIOR MN 55331 JOHN R & KRIST! J SESTAK 3688 LANDINGS DR EXCELSIOR MN 55331 JEAN G GEISLER 3680 LANDINGS DR EXCELSIOR MN 55331 KENNETH C DURR -1830 WESTGATE RD HOPKINS MN 55345 WILLIAM J & EILEEN S STERNARD 6510 BAYVIEW DR EXCELSIOR l'vIN 55331 KE;-'¡NETH C DURR 4830 WE~TGAY9-- HOPKINY MN -' 553.t5 JEROME E COVENY 2921 WASHTA BAY RD EXCELSIOR MN 55331 WAYNE A-HOLZER TRUSTEE OF TRUST 2911 WASHTABAYRD EXCELSIOR MN 55331 DONALD M NICHOLSON 2901 WASHTABAYRD EXCELSIOR MN 5533t HAZEL P ANDERSON 2851 WASHTA BAY RD EXCELSIOR MN 55331 Use template for 5160(1) BRUCE J & JEANNINE T HUBBARD 2841 WASHTABAYRD EXCELSIOR MN 55331 KRISTEN L ORTLIP 2831 WASHTABAYRD EXCELSIOR MN 55331 PER & E LAURIE JACOBSON 2840 TANAGERS LN EXCELSIOR MN 55331 HERBERT J & PATRICIA L PFEFFER 2850 TANAGERS LN EXCELSIOR MN 55331 ESTATE OF HARRY/LOUISE AHRENS C/O JERRY TESCHENDORF 14010 CENTER DR W LAKE WOOD CO 80228 GARY A & KATHLEEN A MUSGJERD 4031 TERRACE LN MINNETONKA MN 55305 ZOE K BROS 663 t MINNEW ASHT A PKY EXCELSIOR MN5533t JAMES A&JEANWAY 6641 MINNEWASHTAPKY EXCELSIOR MN 55331 LEE R ANDERSON TRUSTEE OF TRUST 6651 MINNEW ASHT A PKY EXCELSIOR MN 55331 Smooth Feed SheetsTM 1UCE & KAREN BOSSHART ;71 MINNEW ASHT A PKY 1{CELSIOR MN 55331 JBERT M & PATRICIA A JOSEPH 01 MINNEWASHTAPKY KCELSIOR MN 55331 '':D CEDAR COVE TOWNHOUSE PO BOX ISI iCCELSIOR MN 55331 )W1N L & LIVIA SEIM ',USTEES OF SEIM FAMILY TRUST 2 CHARLES DR >N LUIS OBISPO CA 93401 \TI-ILEEN LOCKHART ¡ 8 RED CEDAR POINT RC CELSIOR MN 55331 . EVEN E & MARSHA E KEUSEMAN 22 RED CEDAR POINT RC "CELSIOR MN 55331 . IC L & LINDA M BAUER ,4 RED CEDAR POINT RD TELSIOR MN 55331 . ',PHEN M GUNTHER & _EN KATZ-GUNTER '8 HICKORY RD ;çELSIOR MN 5533 I ~IES & PATRICIA A MOORE J HICKORY RD ~ELSIOR MN 55331 . RY PETERSON W 20TH AVENW V BRIGHTON MN 551 t2 ;¡.". GREGORY BOHRER 3706 HICKORY RD EXCELSIOR MN 55331 ALFRED & CARLOTTA F SMITH 3714 HICKORY RD EXCELSIOR MN 55331 MARVIN NICHOLAS YORK 3716 HICKORY RD EXCEL.SIOR MN 55331 STATE OF MINNESOTA IN TRUST ClO AUDITOR - DNR WITHHELD 600 4TH ST E CHASKA MN 553IS TIMOTHY J NELSON & DANA E COOKE 3724 HICKORY RD EXCELSIOR MN 55331 JOAN E RASK 3728 HICKORY RD EXCELSIOR MN 55331 MICHAEL & SUSfu\' L !\IORGAN 3734 HICKORY RD EXCELSIOR MN 55331 MARGARET PARSONS & JOHN L PARSONS 3732 HICKORY RD EXCELSIOR MN 55331 RICHARD E & NANCY J FRIEDMAN 3601 RED CEDAR POINT RD EXCELSIOR MN 55331 JESSICA BELLE LYMAN 3603 RED CEDAR POINT RD EXCELSIOR MN 55331 Use template for 5160® DK CONSULT B V DOUGLAS B & JAMIE ANDERSON 3607 RED CEDAR POINT RD EXCELSIOR MN 55331 JEAN D LARSON 3609 RED CEDAR POINT RD EXCELSIOR MN 55331 LUMIR C PROSHEK 3613 RED CEDAR POINT RD EXCELSIOR MN 55331 EMIL & P SOUBA 14025 V ALE CT EDEN PRAIRIE MN 55344 KATHLEEN LOCKHART 3618 RED CEDAR POINT RD EXCELSIOR MN 55331 BIRUT AM DUNDURS 3627 RED CEDAR POINT RD EXCELSIOR MN 55331 LINDA L JOHNSON 3629 RED CEDAR POINT RD EXCELSIOR MN 55331 DOUGLAS R & ELLEN ANDING 3631 SOUTH CEDAR EXCELSIOR MN 55331 HELEN MARIE ANDING C/O MARY JO BANGASSER 832 I VIEW LN EDEN PRAIRIE MN 55347 Smooth Feed Sheets™ Use template for 5160@ THOMAS C & JACQUELINE JOHNSON 3637 SOUTH CEDAR EXCELSIOR MN 55331 WILLIAM R & RENEE M HAUGH 3727 SOUTH CEDAR EXCELSIOR MN 5533t ANDREW D & CATHERINE J SCOREY 2931 WASHTABAYRD EXCELSIOR MN 55331 I@ n i~ 1 ~t >( ..ç,.r--.. íF~ .i \J r ~ ~ ~ i (;' JI V ~- · 'I .~~ ~~ ~~ Ir:I "," -'l ~- S\ - V'Q c ~~ ...' ¡:f ~ f \P~ -cr o '!;~ '" I" CJ 11 1- ì\ , :;> ~ ~ :¡. :l. ~ ~ t , · · · · , , ® 11)'" þ';{) mjO "2 :i--f ~j~ 'm 1< Ip- ,=, '0 'z I ~ Vl' " , '!'.1118' 8'.11:8" ~ I /' ,." 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Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road 82 Roseville, MN 55113 April 16, 2002 Mr. Robert Generous, Senior Planner City of Chanhassen 690 City Center Drive Post Office Box 147 Chanhassen, Minnesota 55317 RECEIVED APR 1 9 2002 CITY OF CHANHASSEN Subject: Boyer Lake Minnewashta Addition--MnlDOT Review #P02-037 Southwest Quadrant of Trunk Highway 7 and Washta Bay Road Chanhassen, Carver County Control Section 1004 Dear Mr. Generous: The Minnesota Department of Transportation (MnlDOT) has reviewed the above referenced plat in compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any further development, please address the following issues: The final plat should state that MnlDOT has access control along Trunk Highway 7. If you have any questions regarding this information, please contact John Isackson (651-582-1273) in MnlDOT's Right of Way section. The proposed development will need to maintain existing drainage rates (i.e., the rate at which storm water is discharged from the site must not increase). The City or project developer will need to submit before/after hydraulic computations for both 10 and 100 year rainfall events verifYing that all existing drainage pattems and systems affecting MnlDOT right of way will be perpetuated. Water can not be backed up into the culvert under Trunk Highway 7. Permits from other agencies may be required to drain run-off into the lake. Please direct questions concerning these issues to Pamela Selden (651-634-2410) ofMn/DOT's Water Resources section. . Any use of or work within MnlDOT right of way requires a permit. A drainage permit will be required. Please direct questions regarding permit applications to Keith VanWagner (651- 582-1443) ofMnlDOT's Permits section. . Mn/DOT's policy is to assist local governments in promoting compatibility between land use and highways. Residential uses located adjacent to highways often result in complaints about traffic noise. Traffic noise ITom this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPCA), the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities are responsible for taking all reasonable measures to prevent land use activities listed in the MPCA's Noise Area Classification (NAC) where the establishment of the land use would result in violations of established noise standards. Mn/DOT policy regarding development adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures in such areas. The project An equal opportunity employer --------- Building Corporation 18279 Minnetonka Boulevard· Deephaven, MN 55391-3346· (952) 475-2097 May 3, 2002 Ms. Kate Aanenson Community Development Director City of Chanhanssen 7700 Market Blvd. PO Box 147 Chanhassen MN 55391 Dear Ms. Aanenson: Thank you for your April 30 fotlow up !ener to our April 29 meeting. To confinn and clarify our position, we are expecting to take our proposed plat to the city council on the May 13 meeting. We have yet to be convinced that the conservation easement recommended by staff and approved by the planning commission is a necessary amendment to our piaL The easement area is poorly defined and more restrictive than necessary to protect the already protected wetland. In addition it does not provide for servicing of, or hook up to tile existing sewer lines tlmt e:\.1end through the proposed easement area. Since our position on tile conservation easement issue does not conflict with our preliminary plat submittal, we will be making our case in tillS regard to the city council. Sincerely. . .-.--" ,L -c=o J- "John Boyer ,- Boyer Building Corportion cc: Todd Gerhardt, City Manager Teresa Burgess, City Engineer Robert Boyer, Pres. Building Corporation Peter Boyer, Pete Boyer Construction Inc. Joseph and Eileen Boyer, Owner and Developer of property Troy Gamble, Anderson Engineering REceiVED MAY 0 6 2002 CITY OF CHANHASSEN Anderson Engineering of Minnesota, LLC Civil Engineering Consultants 13400 15th Ave. No. Suite B, Plymouth, MN 55441 Tel. 763-383-1084 Fax 763-383-1089 , Email: :, randerson@raa.eng.com tgamble@raa-eng.com wjacobson@raa-eng.com r.ojaster@r<1:':-eng.com gjohnson@raa-eng.coir. nfolger@raa-eng.com thesselroth@raa-eng.com phansen@raa-eng.com dkrocheski@raa-eng.com mmaddio@raa-eng.com esimons@raa-eng.com .. · · Date: 4 . IT?· 02- To: 'S/.fl1-£rVltX7-J Company: ~ ft-rU µ r¡-c;~Ðv FAX TRANSMITTAL COVER SHEET ~¡z~ From: /~ GA7118L.t' Re: /hi'SC. _ .x-kmJ £@q-&¡ fhìr¡./lu.M:~ I-c , · · !"axNumber: qr;z..·931-~i)z-- Comm.No. v{7{PO " ----- - You shocild receive@.pages follow¡ng tllis cover sheet. pages, ples.,e call (763) 383-1084. If you do not receive all · " ~essage: ~+-~ 6/ocJ...t.. - f/al;, 90' iNJif,¡ @ ?o' ~-t-¡.,ð(J, If ",< ,\., /¿ r (. -+) move ì'S MedeJ)tc.ðY", r'e '\.>' c-;:;€<.- c;. 'ý,f\)j)/ . '3"'ì",~c!. f.,OV"l Lé' 4. V Elliott- - Bfu.H AV1c../~s is shows J,!Vot-l-- of{-.s;~. /Jo Œ-v1l"SiYv Jl On ì5 .1 va 'f' D~ d IN ì VV.01t1 30 r of ~/v,H- /ìnt No o'f/1(V'- ~yelÃ~ rnee..T MIA#- d~+~""·'''¡'';¡¡n. , c.c. 'Joh.-v-. ß~0 # '1;-z... 4-75', 7,oO&%Z~ # # # # Land Development * Municipal * Highways * Railroads ~. CITY OF CBANllASSEN '<, 771X1 Market Boulevard POBox 147 Chanhassen.MN55317 -. Administration Phone: 952227.111X1 fax: 952227.1110 1. Building Inspections Phone 952227.1180 Fax 952227.1190 10 Engineering Phone: 952227.1160 fax 952.227.1170 . Finance P::onc.S52227.1140 Fax 952227.1110 .. Park & Recreation PI1One:952227.1120 Fax: 952227.1110 ::. Rec!£31ionCenler 2310 Coulter Boulevard Phone: 952227.1400 F,,:952227.1404 \ Planning & Natural Resources Plione952227.1130 F,,:952.227.1110 Public Works 1591 Park Road Phone 952.227.1300 Fax: 952227.1310 Senior Center Phone 952227.1125 F,,:952227.1110 Web Site W\\w,ci.chanhassen.mn.us April 30, 2002 Mr. John Boyer Boyer Building Corporation 18279 Minnetonka Boulevard Deephaven, MN 55391 Dear Mr. Boyer: This letter is a follow up to our meeting, which took place on April 29, 2002 at 3:00 p.m. in our offices. It is our intent to forward the proposed preliminary plat (submitted and dated April 9, 2002) to repJat 13.6 acres into 11 single-family lots and one beach lot, Boyer Lake Minnewashta Addition, to the Council on May 13,2002. Staff's support for the granting of the three variances, wetland alteration penn it, and the conditional use permit for the beach lot, was predicated on thc fact that additional environmcntal protection was achieved through the additional conservation easement. After much discussion at the public hearing, the Planning Commission, on a 4 to 2 vote, supported this projcct based on staff s conditions. If you are proposing to change the plat; specifically, if you do not agree with the conservation easement and/or want to create riparian lots, I believe this is a significant change to the plat. The variances, wetland alteration permit;and beach lot pennit need to be reconsidered in lieu of any changes. Should you decide to submit a revised plan, the city will require an extension to the 60· Jay deadline to process an application. Tþis wiI! allow the application to be Únt back to the Planning Commission for a new Public Hearing. If you have 'any questions, please feel free to contact me at (952) 227-1139. Sincerely, ~ /ifJllWIJ/I~ Kate Aanenson, AICP Community Dcvelopment Director cc. Todd Gerhardt, City Manager Teresa Burgess, City Engineer , ". L;j Building Corporation 18279 Minnetonka Boulevard· Deephaven, MN 55391-3346' (952) 475-2097 May 3, 2002 Ms. Kate Aanenson Community Development Director City of Chanhanssen 7700 Marlœt Blvd. PO Box 147 Chanhassen MN 55391 Dear Ms. Aanenson: TIlank you for your April 30 follow up leller to our April 29 meeting. To continn and clarity our position, we are expecting to take our proposed plat to the city council on the May 13 meeting. We have yet to be convinced that the conservation easement recommended by staff and approved by the planning commission is a necessary amendment to our plat TIle easement area is poorly defined and more restrictive than necessary to protect the already protected wetland. In addition it does not provide for servicing of, or hook up to the existing sewer lines tllat e~1end through the proposed easement area. Since our position on the conservation easement issue does not conflict with our preliminary plat submittal, we will be making our case in tillS regard to the city counciL Sincerely: .j,'-r~J- John Boyer Boyer Building Corportion CC: Todd Gerhardt, City Manager Teresa Burgess, City Engineer Robert Boyer, Pres. Building Corporation Peter Boyer, Pete Boyer Construction Inc. Joseph and Eileen Boyer, Owner and Developer of property Troy Gamble, Anderson Engineering REceiVED MAY 0 6 2002 CITY OF CHANHASSEN ~tJT If, &fa J. Fn"+·~e. _._~-- CHANHASSEN PLANNING COMMISSION REGULAR MEETING APRIL 16, 2002 Chairwoman Blackowiak called the meeting to order at 7:00 p.m. Sharmin AI-Jatl administered the Oath of Office to Steven Lillehaug. MEMBERS PRESENT: LuAnn Sidney, Craig Claybaugh, Alison Blackowiak, Bruce Feik, Rich Slagle, VIi Sacchet, and Steven LilIehaug STAFF PRESENT: Sharmin AI-Jaff, Senior Planner; Lori Haak, Water Resource Coordinator; Matt Saam, Assistant City Engineer; and Mahmoud Sweidan, Project Engineer CITY COUNCIL LIAISON: Mayor Linda Jansen PUBLIC PRESENT FOR ALL ITEMS: Janet Paulsen Debbie Lloyd Linda Landsman 7305 Laredo Drive 7302 Laredo Drive 7329 Frontier Trail PUBLIC HEARING: CONSIDER A REOUEST FOR SUBDIVISION OF 13.6 ACRE SITE INTO 11 LOTS AND ONE BEACHLOT WITH VARIANCES. A WETLAND AL TERA TION PERMIT. AND A CONDITIONAL USE PERMIT FOR THE CREATION OF A 2.5 ACRE BEACHLOT. THE SITE IS LOCATED SOUTH OF HIGHWAY 7. WEST OF MINNEW ASHTA BAY ROAD. NORTH OF LAKE MINNEWASHTA AND EAST OF DARTMOUTH DRIVE. BOYER LAKE MINNEW ASHT A ADDITION. BOYER BUILDING CORPORATION. Public Present: Name Address Wayne Holzer Renee Zirbes Steve Hall Robert Christian Kelly Sheehan Mark Olsen Bill Coldwell Sue Fiedler Jim Ginther Jr. Rich Friedman Mr. & Mrs. Mary Lorence Maren Christopher John Getsch 2911 Washta Bay Road 6220 Barberry Circle 6221 Arbor Lane 2971 Washta Bay Road 2951 Washta Bay Road 2961 Washta Bay Road 3501 Shore Drive 3121 Dartmouth Drive 3611 Ironwood Road 3601 Red Cedar Point Road 6230 Arbor Lane 7311 Dogwood Road 7500 Dogwood Road I, I I I , , I~ \ l ! \ , , ¡ ~ .~ -1 Anderson Engineering of Minnesota, LLC Civil Engineering Consultants 13400 15th Ave. No. Suite B, Plymouth, MN 55441 Tel. 763-383-1084 Fax 763-383-1089 Email: J 1 I j .. randerson@raa.eng.com tgamble@raa-eng.com wiacobson@raa-eng.com ~,jaster@r".:::-eng.com gjohnson@raa-eng.co;¡; nfolger@raa-eng.com thesselroth@raa-eng.com phansen@raa-eng.com dkrocheski@raa-eng.com mmaddio@raa-eng.com esimons@raa-eng.com . Date: 4 -I S'. 02..- To: ':St.+A-f-.YVlœJ Company: CJ-J ft1\J 1-+ ft<?~Ðv FAX TRANSMiTTAL COVER SHEET ~ JÂ~ From: I~ G~Bt...t R /11\1//1 ¡-L IIIAJ .pfl\"i~A t1~I"\n.l1\~/(.I'.ItsA ~ e: ,r,'-;y,.;.. _ -I--le,H Dr7'1v, /YI . 1. . ~ax Number: r..""~ ,.021- ql~'" " '? e,.... -1,;J ¡../ .:--' Comm. No. q7{PO '" '" ------ - You should receive @pages follow¡~9 this cover sheet. pages, ple:L9 call (763) 383-1084. If you do not receive all . --"'''''''' lot" 6/ OJ:.í - 14" q O· IJV ¡J 'Ih @ '? 0' s< -tj" â. If / ). \ / (. ~ h ·1·t) ((lO"!. ì'S l1QeðdJih().V\ be ~~. ' C-'<- ;" ~"". '¡yOM L.' 4. i~/ B/IAtt- _ BIIA-H-- AV'I(j,!1s',s .shows ¡"I'J-H- ()ff-.s;~.!:!!!- CA:>t1'Stvv jl0"2-ìs__yvof D(,.ld w ì ~h\ V1 30 I of f>/vH- /ìn-e ¡Jo o'lJ1f'(" C/<Y'fo,':, meE..-T hI \A #- elk. +:, "'" -.I.; ûn . I2~AZ~IÌ\ # '1;2.. 4-1S'" z..oo-çlcC -c.ill # # # # c.c. 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'~ ':>-'_ /, ""~--';;' '~' ,=, - '-, . -'-,,"--f~ . - - '"",.. - - ~-, ~"-- ------ ,~'~ ,~-~;.- .~~;.,>~ ~, - - ~ ~ > , ('-/ ~ '-._/------- " ÇJ¡)'; '~ ;: "'-..l-' -~ ---~---948 , .~ ~------- '7 ~ r:-CìIIf\ln OJ I DÍ\f\1 .. _ CHANHASSEN PLANNING COMMISSION REGULAR MEETING APRIL 16, 2002 Chairwoman Blackowiak called the meeting to order at 7:00 p.m. Sharmin AI-Jaff administered the Oath of Office to Steven LiIlehaug. MEMBERS PRESENT: LuAnn Sidney, Craig Claybaugh, Alison Blackowiak, Bruce Feik, Rich Slagle, UIi Sacchet, and Steven LilIehaug STAFF PRESENT: Sharrnin AI-Jaff, Senior Planner; Lori Haak, Water Resource Coordinator; Matt Saam, Assistant City Engineer; and Mahmoud Sweidan, Project Engineer CITY COUNCIL LIAISON: Mayor Linda Jansen PUBLIC PRESENT FOR ALL ITEMS: Janet Paulsen Debbie Lloyd Linda Landsman 7305 Laredo Dri ve 7302 Laredo Drive 7329 Frontier Trail PUBLIC HEARING: CONSIDER A REOUEST FOR SUBDIVISION OF 13.6 ACRE SITE INTO 11 LOTS AND ONE BEACHLOT WITH VARIANCES. A WETLAND ALTERATION PERMIT. AND A CONDITIONAL USE PERMIT FOR THE CREATION OF A 2.5 ACRE BEACHLOT. THE SITE IS LOCATED SOUTH OF HIGHWAY 7. WEST OF MINNEWASHTA BAY ROAD. NORTH OF LAKE MINNEW ASHTA AND EAST OF DARTMOUTH DRIVE. BOYER LAKE MINNEW ASHTA ADDITION. BOYER BUILDING CORPORATION. Public Present: Name Address Wayne Holzer Renee Zirbes Steve Hall Robert Christian Kelly Sheehan Mark Olsen Bill Coldwell Sue Fiedler Jim Ginther Jr. Rich Friedman Mr. & Mrs. Mary Lorence Maren Christopher John Getsch 2911 Washta Bay Road 6220 Barberry Circle 6221 Arbor Lane 2971 Washta Bay Road 2951 Washta Bay Road 2961 Washta Bay Road 3501 Shore Drive 3121 Dartmouth Drive 3611 Ironwood Road 3601 Red Cedar Point Road 6230 Arbor Lane 7311 Dogwood Road 7500 Dogwood Road Sharmin AI-Jaff and Lori Haak presented the staff report on this item. Planning Commission Meeting - April 16, 2002 ~ Blackowiak: Thank you. Commissioners, anyone have questions of staff? Feik: Sure, I'll start. Sharmin, I'd like to discuss with you a little bit regarding the beachlot again. Assuming for just a moment that the beachlot was not constructed and as 1 understand it, we would not have the ability to deny access to the lake to Lots 5, 6, 7 and 8, and that they would be allowed under our guidelines, they would be allowed to cross the existing wetland to get access to the beach, is that correct? AI-Jaff: That's correct. They would need a wetland alteration, but yes that is an accurate statement. Feik: Okay, so either way they're going to get docks. Some shape or form of dock. Either crossing the wetlands or putting in a group dock via the beachlot. AI-J aff: Correct. Feik: That's it for now, thank you. Blackowiak: Okay, thanks. Slagle: Can I ask a follow-up question? Blackowiak: Sure, go ahead. Slagle: Does that mean when you ask for a wetland alteration, you're assuming that would be given correct? AI-Jaff: Correct. Slagle: So I mean if it was not given, they would not have docks to the lake. Al-Jaff: Our past experience has been to grant the wetland alteration. We would ensure minimum impact on the wetland but yes, it's reasonable to assume that a riparian lot would have lakeshore rights. Blackowiak: Any other questions? VIi, questions? Sacchet: Yeah, I've got a couple of questions. First of all I want to clarify, you specified that since the channel also counts as lake front in terms of the setback requirements, is that Lot 4, Block 2 pad with the unusual shape, is that within the 75 feet setback that will be required from the channel? Because it appears to me that it's not. AI-Jaff: It meets the 75 foot setback. That's one of the reasons why they went with the 50 by 80 house pad. It was one of two choices. Either a setback from the OHW of the lake. Sacchet: Or the shape. AI-Jaff: Which meant encroachment. Sacchet: So with this shape it actually respects that setback. AI-Jaff: Correct. 2 Planning Commission Meeting - April 16, 2002 Planning Commission Meeting - April 16, 2002 Claybaugh: Yeah, I have a few questions. Just like to add my concern with respect to the lack of any notes regarding the custom grading. A1-Jaff: I did not find that condition. Claybaugh: I didn't see anything in the conditions and also on Sheet 2 of 3, there isn't anything that identified inside the preservation area that any of that was going to be custom graded, and with the amount of significant trees in there that warrant a little bit more attention in my mind. I guess everything has probably been covered with the exception of replacement of wetlands. Are they looking at banking wetlands or I didn't see anything for replacement of wetlands on site... Haak: They are proposing on site wetland replacement. The applicant's engineer has indicated that they have prepared a preliminary replacement plan. The replacement is slated for that darkish blue area adjacent to Basin 3 and that's at a 2 to 1 ratio. In addition to, well the new wetland credit is 1 to 1. A little, I guess a 1 to 1, and then in order to receive the other portion of the wetland credit they would be enhancing the existing buffer in that area. North and west of the replaced wetland. Claybaugh: Okay. So the applicant will be shedding a little more information on that. Haak: Yeah, he can certainly address that. Claybaugh: Okay. That's all I have. Blackowiak: Questions? LiIlehaug: Could I comment on that same issue? Blackowiak: Yeah, if you have any questions right now. We have a comment section in a little bit but this is kind of question. LiIlehaug: This is kind of a question to staff. In that Basin #3, they do have that created wetland area. And that doesn't correctly show the impacts to the trees in that area, so those trees would be lost in that area also. Would that be correct to assume? Haak: Yes, that area would be graded. Lillehaug: Okay. BJackowiak: Thank you. I just actually have one question. I saw the 9 percent grade and Mac I think this is a question for you. That seems awfully steep for any residential street. You're satisfied that there's not going to be an issue with that at all? In terms of a safety standpoint. Sweidan: From the City we can go sometimes up to the maximum 10 percent as safety wise, but here we are looking also for the grade wise to protect as much as we could trees. Now we could say like you can go down but that mean that this is going to be affected really bad. Blackowiak: Right. So you feel this is a good trade-off in terms of what the alternative is? Planning Conunission Meeting - April 16,2002 Sweidan: Yes. Yes. Blackowiak; Okay. Great, thank you. Go ahead. AI-Jaff; Maybe a similar example to this one, Pointe Lake Lucy. It's north of Lake Lucy Road. They have a 9 percent grade on their street, and it was used in the same manner to minimize impact on the vegetation. And we haven't had any problems out there. Blackowiak: Okay . You said so. That north of Lake Lucy, south of Lake Lucy Road, is that where? AI-Jaff; Yes. Blackowiak: Right, okay. Alrighty. If there are no more questions, go ahead. Sidney; I guess one thing I'm wondering if staff could just briefly outline the conditions that are put on recreational beachlots, and this is for the benefit of the people in the audience just to understand, actually a large portion of the report deals with the beachlot issue and what the city is requiring for use of a beach lot If you could just go over that briefly. AI-Jaff: Sure. The conditional use permit will be recorded against the property, and I need to make that very clear. All homeowners that purchase a lot here, and become members of this homeowners association would have to abide by the conditions in the conditional use permit One of the conditions requires that beachlots meet all requirements of standards for beachlots and that would include total frontage on the lake, total number of docks, number of slips for boats, mooring, overnight mooring. It prohibits any boats from being launched off of this beachlot We need to point out that if an association is in violation of a conditional use permit, the city council can revoke that conditional use permit and take away those rights. Right now what the applicants are proposing are a trail, dock, and I believe there is a canoe rack on site as well. If they intended to let's assume at a sand beach, they would need to go through a conditional use permit amendment We do not automatically make those changes in-house administratively. So everything that you see in front of you is what they are getting. And I don't know if that covers the basic... Slagle; ... wait tillater but I do want to ask you at this point As I look at this property, the first question that comes to my mind is, it's very unusual with the channel and the request by the applicant to in essence have two divisions, or subdivisions. And a connector to those. I mean one could argue I believe somewhat successfully that the 2 homes onto the east side could in essence be of their nature. Not connected to the other division because what you're requiring is requiring some variances, some wetland alterations for the access to Lot 4. One could argue that Lot 4, based upon soil concerns, the wetland alterations. Someone might ask, why would you put a house there? It sounds like the ground isn't the best for a house. So as I, and there's people who maybe have seen that more than I have but the question I have is, was there discussions with the applicant about those such things? Is the ground really ideal for another house? Have you considered the two off to their own and being connected through Washta Bay Road? And I'm asking staff for some background. Was that discussion there? And then one last question if you can think about it, with respect to the channel, as I see this and understand what you're saying is here, and sort of this is the present plan, as a conunission member I want to know that there's safeguards. That we're not going to see people putting docks out over the wetland, the wetlands on Basin 2. We're not going to see people tying up boats inside the channel, even though I think I did read that the applicant could make a request to have that modified for dockage or something like that I don't want to use that same word, so I'mjust sitting here saying, what is the alternate plan and we'll hear a 6 -- Planning Commission Meeting - April 16, 2002 Slagle: At this time it's not going to have a dock. Al-Jaff: Correct. We had the discussion with them. They, if you'll look at the plans they are showing 10 docks. Or 10 slips, and staff basically stated that you can request it but staff is recommending against it. Slagle: Now could they put a dock inside the channel if they applied for that? AI-Jaff: No. They did request that, but Lori. Haak: The number of docks is linúted on this site to the site. There is only so much natural lakeshore, and they come, I believe it was 20 feet short of being able to have an additional lot, so even if they did not include Lot, I believe it's Lot 8, on the far west side, southwest comer, they would not be able to make that a confonning lot. It would not be 90 feet wide. It would be 708 feet wide if they used every inch of lakeshore, the natural lakeshore that exists on the property. Slagle: Okay. Haak: As far as the wetland impacts for that lot east of the channel, Lot 4 there, by law we are required to try and avoid wetland impacts and so staffs discussions with the applicant have been that we need to avoid and núninúze wherever possible. The applicant, as well as, we have inner departmental wars about things like that because then the planning department may say that you can't really deny access to a buildable area like that so then it gets into the jurisdiction of the Planning Commission and the City Council. Blackowiak: Okay Vii, you have another question? Sacchet: Yeah, if 1 could just ask one more question that Commissioner Slagle brought up the question how buildable is the soil on Lot 4, Block 2. I am actually as much concerned or even more concerned from having been out there about Lot 2. Possibly even Lot I of Block 2. There is, really it's pretty, I think it's relatively wet. It's very close and the wetland has these two anTIS that literally reach towards that pad. And I'm curious to know from a City side, how do we deal with that? I mean do we, does an applicant have to show us soil qualities or do we have a responsibility from the city on whether they're going to have a basement full of water and what have you? AI-Jaff: The soils report is usually subnútted at the time of building pernút, and it's very common for us to have soil corrections as building pernúts come in. Sacchet: So that would be an aspect addressed when a building pernút comes in, so at this point we wouldn't even really look at that sort of an aspect. Okay. AI-Jaff: We suspect that there will be soil corrections on that site. Sacchet: Okay. Sweidan: May I add something? Sacchet: Please. 8 Planning Commission Meeting - April 16, 2002 Sweidan: Your building department always requests a soil testing for any building pad. And regarding Lot 4, actually it's without basement. Sacchet: Lot 4' s no basement? Sweidan: No basement. Sacchet: Lot 1 and 2? Sweidan: Yes. Sacchet: No basement either? Sweidan: Could have basement but it's a lookout basement. Sacchet: It's a lookout basement. Sweidan: Yes, but for Lot 4 no basement. Sacchet: Alright. Didn't really answer it but gave me a little bit of a context, thank you. Blackowiak: Okay, thank you. Okay, would the applicant or their designee like to make a presentation? Please step up to the microphone and state your name and address for the record. Bob Boyer: Yeah, I will. My name is Bob Boyer. I'm with Boyer Building Corporation, and I'm here with some other gentlemen who I think will help me in the presentation. I'll introduce them now. First off we have Troy Gamble. Troy is with Anderson Engineering and he is assisting us in the engineering of the project. And then Pete Boyer. You're going to find this is kind of a family effort here. Pete Boyer, my brother. And then Joe Boyer also. Brother. I want to thank you all for being here tonight and listening to our request. This is something that we've been dealing with and working on for about 6 years now, and we think we've got a project here that's extremely well suited for the site. What I'd like to do is do a short presentation, or just short talk to you a little bit. It will take about 2-3 minutes and then I'm sure you'll be opening it up for questions to the rest of the people here and I would appreciate an opportunity at that time, as the discussion is flowing, to have an opportunity to address issues and concerns that come up. I think the last time we were here it was kind of a, you know I had my opportunity and that was it and there was several people came up and spoke. There was no attempt to try to resolve issues and talk things through so if there's an opportunity to do that, I would appreciate that. Blackowiak: Yeah, I think what we'll do is, you can make your presentation. Then I'll open it for a public hearing and then members of the public can speak and then if you'd like a couple minutes at the end of the public hearing to address concerns, you could do it at that time. I'm not going to do it one by one. Bob Boyer: No, I understand. That's fine. Blackowiak: Okay. Bob Boyer: Appreciate that. My involvement in this project, this property dates back about 35 years when my father purchased this land and the adjoining property that is now called Sterling Estates. 9 Planning Commission Meeting - April 16,2002 Through the years we've built tree homes, we've camped, fished in this parcel of property. This was home to me and my brothers and family for many years. I tell you this to put in context the approach we went through when planning the development of this property. We tried to envision a neighborhood we would want to live in. Where neighbors share equally many of the assets of the site and can help bring them together. This was our goal. It is however important in the planning of a unique piece of property like this that it be done in such a way that all parties can benefit. The adjoining neighbors will benefit by eliminating undesirable buildings and road accesses, and undesirable road accesses are removed. The homes are constructed, the homes that will be constructed are unarguably going to significantly boost the market values of the adjacent homes and the adjacent neighborhoods. The density of the housing is significantly as we mentioned earlier, significantly less than both neighborhoods on each side, both Sterling Estates and the Manor property. The density is 1.6 units per acre, which is significantly less than what's recommended for the comprehensive plan in that area. The City will also benefit. By the extension of the roads and the cul-de-sacs it will make egress easier for snowplows and emergency vehicles. By increasing the property values means tax base increase. The proposed regional ponds, again the ponds on the north side of the property are primarily regional ponds, will resolve some serious water quality issues in Lake Minnewashta that have been impossible to resolve to date. The group docks and preservation of the shoreline will benefit water fall production and overall water quality. The grouping of the houses on high ground minimize impact since the wetland areas. The new homeowners that will occupy this property will also benefit by having a beachlot dockage that all residents will have equal access to and enjoy the lake and the channel. Fishermen have enjoyed the fishing in this channel for decades, and I suspect the residents will enjoy it as well. Trails will allow maintenance free and pedestrian traffic to neighboring communities and to the beachlot. In closing I would ask the commission while considering the two variances, to value the intent of the ordinances not necessarily the letter of the ordinances. I would also ask you to consider that this is not a parcel of land in the nùddle of a field. It is unique for many reasons and I think requires us to plan in a unique way. I think the proposal we bring to you tonight is the best use of the site. It strikes that balance of benefit for all parties, particularly the future homeowners. Thank you and if you have any questions we'd be very happy to answer them. Blackowiak: Okay, thank you. Commissioners, any questions of Mr. Bob Boyer right now? Go ahead Rich. Slagle: I've got one. Mr. Boyer, can you just address my comments about what I'll call Lot 4. The finger that sticks out. Again, if you're someone who walked in and saw this sitting here, I mean would you ask yourself as a citizen or just an interested observer, is that, I mean it looks like we're barely fitting in a house on that piece of property. And to me that's a very sensitive piece of property. I know we're within a couple of approvals of variances and alterations, it's fine but I'mjust asking you from a builder, is that sort of on the edge? Bob Boyer: Well that one, not at all. If you walk the property you'll see that that's, it's actually a gorgeous view. A house looks southwest. It's a gorgeous sunset view from that lot. It's not that far from an adjacent house right basically in this area, that was built about 40-50 years ago that had no soil correction whatsoever. There's no reason to believe that that lot has soil correction. When that channel was dug back in 1958 or 56, somewhere around there, there's no indication that that site, that area had soil problems. A lot of the soils that are there now are simply soils that were removed with the channel area and spread around and they cover over very suitable soil that's in place so, no. In fact the site I don't think will probably even require any unnecessary soil compaction whatsoever. The lot, the site, because of the distance from the shoreline, it does require us to get a variance to narrow the lot to I believe 50 feet as opposed to 60 feet, but I think my brother John submitted plans that showed many, 10 Planning Commission Meeting - April 16, 2002 many very suitable homes that would look very attractive in that area. Where you'd comfortably fit on a 50 foot lot. So I wouldn't be afraid at all to live there myself. I'd love to. BIackowiak: UIi, question. Sacchet: Yeah Mr. Boyer. Just to carry the same question up to what is Lot 2 in Block 2. When I was out there I was actually more concemed about that because it seems a pretty low elevation there. Very close to the wetland. You're confident that you're not going to run into a water issue there? No, Block 2. On the other side. West side. Bob Boyer: Oh, okay. Sacchet: I'm talking about that one, because it's, the way I recall it, the Lot 4 that we just talked about, it's actually slightly on an elevation. While Lot 2 and even to some extent Lot 1 up on that west side are I consider it a little bit of a dip. A dip next to a wetland and therefore my concern. Bob Boyer: I'm going to refer to my brother Pete to answer that one because he's much more familiar with that site than I am. Pete Boyer: Thank you council members. Planning committee members and I appreciate your interest in that lot. Those lots I've owned for oh, onto 30 years now and that's upland property over here. This is uplanù area over here. It's clay with about a foot and a half of black topsoil and it drains well to the west. So it's actually the regional pond is located in a upland area partially, most of it. A little bit of it as a wetland because we have to get a large enough size. But these two homes would be located on very suitable ground. A lot of times you know that because Ash trees grow like mad up in here. They love upland. They don't grow down in here, in this lowland. And the same thing goes for this property over here. You'll see no signs offill but lots of bit, mature trees growing. Well, box-elder trees unfortunately grow in this area. But you know it's good ground because large trees don't grow typically in wetland areas. That's it. Sacchet: So in other words you're pretty confident that you're not getting in a situation there. Pete Boyer: Yeah, these are, this is also very good buildable sites. Sacchet: If I may ask one more question, which is somewhat related. When I went out there I was really impressed with the beautiful evergreens which I would assume is probably mostly on Lot I, and it looked like you were planning to pretty much cut those all down. I wonder whether there has been any consideration on the lot line to the west to preserve some of those evergreens as a buffer to the neighbor because we have a unique situation with a back yard facing a side of a new house. Pete Boyer: Exactly. I'm glad you're interested in the preservation of those trees. So are we. I planted those trees when they were very small, because we value trees. We value the land and we value the preservation of the land. And I planted those, we took some trees off of there and moved them around. There's some trees right along this area over here you may have noticed as well. We're trying to, our goal is to move these trees around the site so that we can create borders if we can, buffers from the highway. Buffers along the wetland areas if we need to. Our goal is not to cut down those trees because they're, we've spent some effort planting and watering those things so we want to keep them going, but we, there's a lot of work that has to be done to create these regional ponds. This one over here. This big one over here and this one over here. And of course this local pond here. This takes care of the water on II Planning Commission Meeting - April 16, 2002 this site itself, so. The site has, you're right. Lot of issues. Lot of water issues and we think we've handled those water management issues. The wetland preservation issues. We've worked hard to manage those. That's why we gave up riparian rights for the boat docks along the lake. I mean if we go back and give those folks access to the lake, the lot value, lot value's go up. Sacchet: Specifically my question was whether you see any way to preserve some of these evergreens on the west side as a buffer. Pete Boyer: The west side. Sacchet: Is that east or west? Claybaugh: It's the east side. Sacchet: That's east, sorry. Pete Boyer: This is the east over here. Is that what you mean? Sacchet: Okay. Because at this point you have like 3 trees there on the southern side of that lot preserved. I wonder whether it's possibly preserve some of those evergreens too to have a little buffering there. Pete Boyer: We intend to spade these out of here. The trees that are along here. We have a buffer along. Sacchet: To replant some of those, is that what you're saying? Pete Boyer: We would replant these down along the cul-de-sac side. Wherever we can plant them. We don't want to bulldoze them out of there. We want to use them back. That's the intent. That's what we've designed this property to do. The trees are planted there now because it's upland area and they grow well there. They'll have to be moved into other areas as we move the houses, but that's our history. If you guys, folks are familiar with Trillium Bay out on the other side of Lake Minnetonka on Halstead's Bay, we planted all those trees on the back land there too and now they're towering. Huge. It's been our business to plant trees in the land fill. Sacchet: Thank you for addressing my question. Blackowiak: Okay, thank you. Do you have a question? Claybaugh: Yeah, I have a question. Blackowiak: Sure. Claybaugh: Could you comment on a willingness or a commitment to doing some custom grading inside, specifically the preliminary tree preservation plan which is identified as Sheet 4 of 5. Substantial area within all the buildable areas on both Block I and Block 2 is identified as removal of trees, wholesale. Prom my standpoint I would certainly be a lot more comfortable to see, I know what a custom grading looks like. I'd like you to comment on your willingness to entertain this. 12 Planning Commission Meeting - April 16, 2002 Pete Boyer: And we certainly do want to do that. That's the reason for the suggestion for the street slope being greater. Claybaugh: I understand that but the plan that I have in front of me right now calls for the removal of the trees. It doesn't mention any custom grading and I don't have anything in the conditions that identifies... by staff. Pete Boyer: Yeah, I think the indication on your staff report was that we would, you recommended that I think Sharmin. AI-Jaff: Yes. I left a condition out and we need to add it in there. And if I may add regarding the grading plans, we always ask developers to provide us with worst case scenarios as far as grading. That's how we base our tree calc's so discussions have taken place with the applicant. They have agreed to custom grading those sites. We should have added the condition. It's my fault. Claybaugh: Okay, so the applicant's in agreement with that? Pete Boyer: We don't, yeah. We want to do that. Clearing all the trees is not a good thing. We want to keep the trees. However let's remember, a lot of those trees are not trees, which trees we keep. A lot of the trees in this bluff area right here, on this area, that used to be an old farm. The remains of which you can see the old farm foundations right along this side here. A lot of those trees in there are boxelders and what's the other kind of trees. Cottonwoods, that was the issue. And they're not even suggested by tl¡e city to be desirable trees. We don't want to take out the woods. The woods is great, but maybe to take out those boxelders and cottonwoods and plant back better trees is a better deal. In the long run it's probably a better deal to get oaks and maples and ash in there so, but with boxelders there they'll take over everything we can't do anything about getting better trees in there so we're of the opinion that getting the boxelders out of there, cleaning some of that out but the good trees, the ones that you really want to keep, custom grading around it is a significant idea. Claybaugh: I understand that you'd do some selective removal based on the species of the trees and... Pete Boyer: Yeah, if you see a big maple tree, let's keep it, yeah. Claybaugh: I just wanted some assurance or some language in there that I had that one agreement on there. Blackowiak: Okay excuse me, Sharmin. Could you give us an idea of what a condition like, encompassing custom grading would read? You said it was omitted so what would you suggest or what are you. AI-Jaff: Lots 1,2,3,6,7, and 8 of Block 1 shall be custom graded. Sidney: That could be added to condition 37 that's on the grading plan. AI-Jaff: Correct. Blackowiak: Okay, great. Thank you. I'm sorry, go ahead. Ijust wanted to clarify that before we moved on any farther. 13 Planning Commission Meeting - April 16, 2002 Pete Boyer: There was a question that was in the staff report also about surfacing of the pathway that connects us the, actually the two cul-de-sacs. It's a pathway that runs from this cul-de-sac around the edge of the wetland, up in the city of Shorewood, down through this way and comes around and climbs the grade up here to the cul-de-sac and then comes down the grade and back over and level area back over to the, it's all in the beach10t area over to the docks. Discussion is what should that surface be, and we're not particularly, we don't care what it is if it's blacktop, sod, wood chips. It's what do the people want What does the city want and what does the DNR want so we do know that the sloped area on the, going up the grade over here, that has to be a hard surface because it won't be able to be maintained any other way. I've spent 20 years working at the Arboretum putting in pathways for them out there, and the first thing we did back in the 80's was blacktop their sloping pathways because they couldn't keep them maintained and it was eroded. But on the level areas, there's no reason they can't be sod, mowed grass, or wood chips. I mean we're not particularly definitive on that Blackowiak: Okay. Do you have anything else to add? Claybaugh: No additional questions. With respect, not to him or Lot number 4 there but I understand that you commented based on the species of trees that were present on some of the questionable lots, any idea what the water table is out there? I'm still questioning the fact that there wasn't any soil borings done or any test holes dug. I was out there and just from a visual standpoint it looks suspect to me in terms of the elevation out there. Pete Boyer: Yeah, Lot 4 is a lot that comes down into a flatter area. Still quite, the footprint where the house sits, the pad elevation is still going to be quite a bit above any water levels. But that is down in an area where we don't have a lot of definitive information. Claybaugh: Well anytime that it's indicated as a slab on grade in Minnesota, that raises a flag for me with respect to questionable soils or water tables so. You're telling me that no test holes have been dug. No soil borings. No identification of a water table down in that area? , Pete Boyer: Well that's in undisturbed areas as well and so I don't expect it to be real unusual. Typically what happens on an edge of a slope like that, that comes down into a narrow wetland area i~, the upland soils like the black topsoil gets thicker as you get down there and the deeper soils, the clay which it is up above is clay. All the houses we built up along Dartmouth were in heavy clay. But that clay level comes down, as it does over here. We've done, we've done digging and why I dig my trees, this is all heavy clay over here with only about 6 inches of topsoil. It gets heavier down through here but the clay goes down. The subsoil clay goes down. You can follow it down to a bottom, and that's what's in the bottom of the lake. So you have maybe 6 feet I don't know exactly but you'll have more black humus material above, but the issue is if you have a home in this area, you'll find that your lower level doesn't want to get that low or it just gets too close to the water level. Raise the home up and you do a soil compaction and that's what the houses have underneath them over along the lake front over here, the soil compactions. It's not unusual to do that We know the ground, the sub-ground is good. Claybaugh: Right I was just specifically that particularly lot again to, reiterating what some of the other commissioners have said, strikes me as a little more environmentally sensitive so there's a feel that with the wetland mitigation and slab on grade and the position of that lot with respect to the channel and the lake, that you're pushing the envelope there a little bit If I understand you correctly, you don't feel that way? 14 Planning Commission Meeting - April 16, 2002 -..--- Planning Commission Meeting - April 16,2002 AI-Jaff: There is a 10 foot setback maintained by this house pad. Oh, this one? Blackowiak: Yes, that's the one I'm talking about. AI-Jaff: .. .the existing house maintains approximately 60 feet setbacks. This lot meets all ordinance requirements. Blackowiak: So it does meet current ordinance? Al-Jaff: Yes... Blackowiak: Okay, thank you. Renee Zirbes: Good evening commissioners. My name is Renee Zirbes. I live at 6220 Barberry Circle. That's located in Boyer Sterling Estates, which is directly west of this development. I have I guess several concerns about the development. First of all, with regard to Lot 4, I believe it was noted that a variance was required and the question I had was, what are the extraordinary circumstances which would allow for that variance? You would need to fill something to that effect and I haven't heard what that is. There's a lot of wildlife in this area and I'm really concerned about how that's going to affect it. My biggest concern has to do with the dock configuration. This area of the lake is a small bay, and you increase the amount of motor vehicles in this area, you're really going to destroy the quality of that bay. I believe, if I'm understanding this correctly, and please correct me if I'm wrong, that this dock configuration was proposed in an alternative to having 5 beach front parcels. Is that correct? Okay. And you had noted that each one of these beach front parcels would have 3 boats, is that correct? Are they allowed motorized boats or it's one motorized boat and one canoe or what's the requirements on that in the city code? Haak: It's not specified. They could all 3 be motorized watercraft, or non-motorized watercraft. Renee Zirbes: Okay. Well the point I'm making is, I think it's really unlikely if these were beach front lots, that you're going to have 5 property owners with 3 motorized boats at their dock. I mean likely they're going to have maybe one speed boat, a canoe and a sailboat. This configuration where they're having 12 slips so it can serve everyone within the subdivision, you're increasing the amount of motorized vehicles on this lake by quite a bit and that's really going to affect the water quality. I don't think it's a logical conclusion to solving that issue. Another concern is that they're saying you know, well they need a wetland alteration permit and that that would just automatically be granted. I don't think that that's true. I think there's a lot of communities that do not automatically grant the wetland alteration permits. Many lakes are preserving all the existing undisturbed lakeshore that they have. We could certainly do the same. So I really am opposed to this having 5 lots that have their own dock would be better than having this configuration because you're going to have so many more motorized vehicles on this lake and it's really going to destroy the quality of it. Also I haven't heard anything, I've heard mention that there's a homeowners association that's going to govern this. We had purchased property in bordering Sterling Estates as I had stated earlier, and we have an easement and an outlot. We're not right on the lake but have an easement and a small portion that goes out to the lake. And when the Boyer's established that they did not establish a homeowners association. There's been a lot of issues with it. The Boyer's ultimately sold the outlot to one of the property owners. There's 10 lots that have rights in that lakeshore parcel, in our subdivision. They sold it to one of those individuals who then tried to terminate everyone else's lakeshore rights. So I £!uess I'd like ~omp: darifiC'Minn on how thp\I'r... n]o;r,nn;nn Planning Commission Meeting - April 16, 2002 on doing this. Is there really a homeowners association? How are those issues being dealt with? And then thirdly, I don't know if traffic considerations have been considered or if there's anything in the code that would address that issue. I often wait 5 to 10 minutes to get onto Highway 7 in the moming, and by adding this many new homes, they're going off of Dartmouth and onto Arbor Lane and onto Highway 7, you're adding you know potential of at least 18 more vehicles going onto Highway 7 during rush hour traffic and we're going to have cars backed up by quite a ways. And I think that addresses all my concerns. Thank you. Blackowiak: Thank you. Okay. Lori, I have a quick question. Something that she just asked, and I've got I guess maybe it's Lori or Sharmin. She said that it would be unlikely that each home would have 3 motorized boats, if they had each lake lots. Is there any restriction on people leasing slips? I know that for example Lake Minnetonka it's fairly common if somebody has rights for 2 boats or 3 boats at their home and only has 1 motorized boat, that they'll lease out a certain number of dock feet. Is there any kind of, anything in place in Chanhassen about that? Haak: I believe the qualification, it basically turns into a marina if you're leasing spaces. The current state requirements and the city's requirements are that the watercraft be owned by the resident or a blood relative of the owner. Or excuse me, the property owner or a blood relative of that owner. So you would not be able to lease to a friend, or something like this. And just as a side note, watercraft does include things like jet skis. It's fairly common I believe on lakes when I've been out on Lotus Lake and Lake Minnewashta to see a pontoon, a speed boat and a jet ski, or 2 jet skis and something else so I don't think it's really stretching it all that far to say that you could potentially have 3 motorized watercraft on each of those lots. Blackowiak: Okay, thank you. Sorry, thanks. Go ahead. Kelly Sheehan: Good evening. My name is Kelly Sheehan. I live at 2951 Washta Bay Road. That'd be this home property right here. I purchased my house from Pete Boyer oh I think it was 1989 or so, and one of my main concerns is when I bought that home I planted a row of beautiful Colorado Blue evergreen trees there and they're real close to the easement that's going in there. And first of all I'd like to make sure they stayed intact and weren't damaged. I'd like that on the record. Secondly, I presume that the property lines are going to staked and surveyed, is that correct? Blackowiak: That's a fair assumption, yes. Kelly Sheehan: They have or haven't done that? Blackowiak: I don't know that they've done anything yet. As far as I know they haven't. But that would be. Kelly Sheehan: My reason for asking is, when they're done, Pete Boyer owns a certain amount of this property that's adjacent to mine where they existing, there's an existing driveway there. And when they're done I would like to make sure that was fully completed and not neglected because it has been neglected for the last12 years. I mowed his lawn the last 12 years and I know there's a certain amount of neglect in that regard so I have a concern over it looking right because my property's adjacent to it. And then last, and not least, the 9 docks here. Just a question. Who determines who can have dock rights? How do they do that? Is that a state law, city law? Property owner's rights? Blackowiak: I believe that would be homeowners associations. Sharmin, is that? 18 Planning Commission Meeting - April 16,2002 Al-Iaff: That's correct. Blackowiak: So that would be determined by the association when lots were sold and I guess that would be an applicant question. Kelly Sheehan: So it's the property owners? Blackowiak: Well I wouldn't say property owners necessarily, no. I would say developer and association and I think we should ask the developer when he comes back up. Pete Boyer: Would you rephrase your question? I'm a little confused. Who determines the rules regarding putting... Kelly Sheehan: Yeah, how do you determine who gets dock rights on a property? Claybaugh: Lori, do you want to come back to the shoreline? Lineal footage there that translates into the number of dock slips they can have. Kelly Sheehan: There's 9 docks there in front of here? Blackowiak: Yes. That's what's proposed. Kelly Sheehan: So who determines who gets a dock there? BIackowiak: I would assume it's the dèveloper but let's, when he comes back up let's ask him. Kelly Sheehan: I mean I have, when I was sold that house I was sold a bit of a bill of goods because I was told I had lake rights. And they said I could put a, Boyer's sales person, I believe his name was Brian, said that, and I mean this may be an argument for a different day but he said I had dock rights and in reality I had lake access, so I was, and it's my fault because I didn't check on it, but if anybody can have a lake rights, why can't we if we're that close to the lake? Blackowiak: Okay. This may be a separate issue but what's the definition. Kelly Sheehan: Well it's relative because it's a quality of life issue. Blackowiak: Well exactly. I'll just ask, what's the definition of lake rights versus dock access. Can you clarify that? Kelly Sheehan: Access means you can walk to the lake. Lake rights mean you can put a dock and a boat there. Blackowiak: Right. Sharmin, correct from a city standpoint? AI-Iaff: That is correct, and as far as who will be able to use those docks, it would be those 1 I homes. Now of course there will be one homeowner that. Blackowiak: Or 2. 19 Planning Commission Meeting - April 16, 2002 AI-Jaff: Or 2. that won't be able to. But that is a decision that both the developer, as was stated earlier, both the developer and the homeowners association together would have to make. Kelly Sheehan: Well if they can put a dock, I mean everybody would like to have a dock and a boat on that lake. I mean how do we get to do that? I mean I'm closer probably than all these people on that back lot Those back 4 lots. Slagle: You could buy Lot 4. Kelly Sheehan: I'll pay cash for it No, is there some way that I can appeal that or go through the city to do that? If they can do it, why can't we? Blackowiak: Well I think that's a separate issue and I think. Feik: They're taking a parcel of land and creating an association similar to a condominium association. Kelly Sheehan: Yeah, but it's not lakeshore property though. Their lots aren't lakeshore property. Feik: .. .to this parcel. You would have to buy into this condominium association of sorts. Kelly Sheehan: Okay, so then I'm voicing my disapproval that they have 9 docks there when they only have 4, actually 5 lakeshore lots. Claybaugh: But they do have a number of riparian lots that do have dock rights. Kelly Sheehan: Have what? Lake bearing lots? Blackowiak: Riparian. Lake lots. Kelly Sheehan: Where are they? Blackowiak: Well they could be is the issue. 5 through 8 could be. Claybaugh: 5 through 8, and through the association they're basically pooling that ability. Kelly Sheehan: Yeah, so they've got, we've got 4 lake lots and you're saying that they've got 9 docks down with 4 lake lots. Blackowiak: Correct Kelly Sheehan: So how does that compute? My math doesn't compute. I mean you've got 9 docks, you've got 4 lots. Blackowiak: Okay Sharmin, would you go through the math on that please. Kelly Sheehan: No, I understand the math but what I'm saying is you've got 4 lots, lake lots. These people aren't on the lake. 20 Planning Conunission Meeting - April 16, 2002 Blackowiak: They don't have 9 docks. There are 9 slips. AI-Jaff: That's correct. Kelly Sheehan: It's kind of the same thing. You've got 9 boats out there. Feik: They're assembling a private association for access to the. v_n.. C"L__L___ ..1I.L.-----=:~------1--.u __. ______..1_ T .... Planning Conunission Meeting - April 16,2002 ~--- Planning Conunission Meeting - April 16, 2002 last comment. I hope you've read Sarah Susankas, The Not So Big House, and you're familiar with those. One thing I haven't seen anything tonight is what these proposed houses are going to look like. How big they are, and I just encourage you to be sensitive to the rest of the lake and what's happening and let's face it, I mean those Durr Homes are right on top of each other, neck to neck. For me, a million bucks would be a lot better spent on a 3,500 square foot house with a nice lot and some green buffer around it and I hope you'll consider doing something in the honor of like Kyle Hunt is going with his Cottagewood homes and something a little bit more right sized for those lots. Thank you. Blackowiak: Thank you. John Getsch: My name is John Getsch and I have property at 7500 Dogwood Road, just down on the southeast side of the lake. The issue of outlots has come up before on the lake, and it's a lot of concern people that have property on the lake and the use of the outlots. There's several over on the west side that are, I consider abuse their right to use the lake. Parking motor homes, holding parties down there. I don't know how many boats they're entitled to have there but they keep bringing more and more in and then with personal watercraft coming in, they consider those freebies. The issue here is, you've got 9, supposedly 9 slips with this outlot. And somebody mentioned something about putting in canoes. Not being able to put in, having a canoe rack but then saying we're not supposed, you're not allowed to launch boats, does a canoe fit in that equation or not? Then the next thing is, if it's canoes, what about personal watercrafts? There's a lot of homes already abusing that on the lake where they have 2, 3 personal watercrafts, pontoon boat, row boat, canoe, all on one lot. If you're going to, you know are you going to enforce it here and not there? The next issue that I see as a problem with the way this is laid out is, one. The taxation. You've got land. You're separating the value of the lakeshore from the lot. It's being put in an association. Is the association going to pay the equivalent tax of what that's worth to those homeowners? In other words, are you taking the value away from the tax base? Putting it some place where it can't be taxed. It's a big issue. And to me it's almost like gerrymandering. Come along and well that was easy, we'll just put this in an easement. We'll strip it off and those homes don't have lake rights so they can't be taxed that way, but in essence they do. You're going to see a path coming off the back of all those going right down, all 4 of those homes are going to have paths coming off the back of them going right down to that thing. They're not going to walk out the front of their house, out to the cul-de-sac, down a path around a circle. They're not going to go that way. They're going to walk right down there. And so in essence you're just creating a legal way to get around it. And you're going to have people starting to haul stuff up through the wetlands, so it's just a, I think it's, the way that that's laid out, it doesn't make any sense to strip. If you want to have an outlot, make it come right down here. Give them what they can have for that, but this has to stay with those lots because otherwise you're just CJP:rrvm~nr1prinO" Whv "nt ;lIct to;¡1r... " .c:¡n f'.....nt n,;,.I"", ......:.... ...1............. .J......._~ ~..... ..1........~.... ...._.... _.. ______.._ ""1...__1. Planning Commission Meeting - April 16, 2002 house. Thirdly, this outlot number 4, would this particular driveway be joint use or joint access for other people? My observation would be is that people from these lots would tend to utilize this to get down to the lake. And one other area that I'm concemed about, I really don't, from my perspective, I have a dock out here. To see a 9 or IO dock arrangement stuck out there is cluttering and I would prefer to see something consideration done to an individual docks off each lot out there with maybe a community dock out here for the other homes. Blackowiak: Thank you. Sue Fiedler: My name is Sue Fiedler and I live at 3121 Dartmouth Drive which is just 2 houses in from just west of the entrance, and my concem is simple but I need to know if there's any plans to widen Dartmouth Drive. I think someone said it's 50 feet right now and I feel that's probably going to be crowded with the heavy equipment, and I'm not recommending that it be widened. And I'm wondering also, if that road is damaged from the heavy equipment, are we responsible as homeowners, the people who live along here, or is that something that the Boyer's will absorb the cost? And in looking at this, I'm assuming that this Lot 4, that emergency equipment can get down there and turn around and get to that house. I would assume that's been considered because I know previously that was an issue in here, whether a fire truck can be able to get in there and turn around, and that looks crowded for that lot there. Thank you. Blackowiak: Thank you. Matt or Max, can you talk about equipment damage on a road? Who's normally responsible if something like that happens during construction? Sweidan: .. .responsible for it, but if there is any damage due to their equipment, to abuse the road, they are going to be responsible to it But this is a public street so the city's responsible for it Blackowiak: Okay, and so what does it mean, you say the city's responsible. So it has to be repaired, the city would repair it? Are costs passed along to adjoining property owners? Benefiting property owners? How does that happen? Sweidan: Let's say whenever they are tying with the streets together, that they did the damage let's say beyond that they have to repair it due to their construction or tie in, but overall it's a public street and it's the city responsibility. They would not be responsible.. .of anything. And the widening, regarding the widening or the you know, increase the width of the street or right-of-way, no. There is no plan for increasing the width of the street Blackowiak: Okay, thank you. Jim Ginther: Good evening. My name is Jim Ginther and I reside at 3611 Ironwood Road, which is some of the older homes that came out of the DUff Development when they closed off 7. And a couple comments I have. Mostly mine is around lake usage and the activity on the lake and having grown up there since 1970, now living on that lake, I've had the opportunity to see how that has grown, and I guess one thing 1 want to state is, I have just a general concem and the idea of creating additional outlots on the lake. Kind of to Rich's comments earlier, I see this one and I see potentially it looks like maybe another one down the road off Camp Tanadoona, and my concern is that we're just basically creating additional lake activity out there, which is already with young children getting a little bit scary, especially with the personal watercraft that are out there. And we take a look at the numbers. While they say lots are allowed to have 3 boats, I guess 1 question which is true, and I have 3 boats and I have a lot, but I'm not using all 3 at one time. And I think usage on the lake is defined as when you're using them, not 26 Planning Commission Meeting - April 16, 2002 Planning Commission Meeting - April 16,2002 Blackowiak: In this. In the subdivision variance. AI-Jaff: Correct. You only, you're only looking at those 4 findings rather than the zoning variance finding. They're two separate types of findings. Blackowiak: Okay, thank you. Okay, is there anyone else who'd like to speak on this issue? Okay, seeing no one I will let Mr. Boyer come up and if you'd like to take just a couple minutes to highlight some of the comments or to respond to a couple of the comments, you certainly may. Bob Boyer: Thank you. Really there's only a couple of comments I have relative to some of the concerns some of the neighbors have. The first one has to do with the lot off Washta Bay Road. I think the first gentleman came up here, I forgot his name. At any rate, his concern was that there was a proximity from his house to the lot behind him. And again, I think what needs to be remembered and understood is that this is a lot pad. In other words it's the location where the lot, where the buildable area on the lot is going to be. It doesn't necessarily we're going to fill the pad up with a house. But it means those are the borders with which the house could be built. So it's unlikely that on his easterly side of that Lot 1 that there'd be an entire wall of house right up against the lot, buildable lot area. More than likely it might be a garage with just filling a portion of that so at any rate I think his concern about having some bleak wall that believe me fills that lot area is probably not going to happen. And also we're certainly willing to be good neighbors and if going together with him on some kind of plantings along there to mitigate the sound, I'm sure we're willing to do that. The other issues regarding Sterling Estates. 1 think a number of people brought up issues about Sterling Estates, the dockage issues there which is, has nothing to do with this development whatsoever. It just so happens it was the same developer. My father developed those back 35 years ago and the ordinances and things that have occurred since then regarding lake usage and lake lots have changed since then so what may have been doable back 35 years ago, absolutely is not doable today. So the opportunity for the use of that access that was provided has been taken away and not by Boyer. It was taken away by the City. So if people are upset about that they should contact the city, but not complain about us to us. Then when it comes to dockage on this property Ijust want to make sure there's clarity as to what we're asking for. And the reason why we're asking for it. Lot 4, we are requesting that that lot, it does have a 90 foot frontage. We are asking that that lot would have it's own dock. On the westerly side we are requesting 10 docks on that side. The reason for that is we would, you know the whole idea of grouping the docks together here was to eliminate this sense of caste system where you have the people on the lake that have everything and the people off the lake have nothing, and I think you can go around the lake and see a number of communities that are like that. We wanted to avoid that and the reason we grouped the docks on the beachlot was two-fold. One is to preserve the lakeshore, for one. But also to allow the people in the back an opportunity to have a boat, if they want to. We don't want to leave someone out. What that basically is saying is, someone'. going to be left out. Now, in our calculations we think 10 lots or 10 docks fit the requirements of the city code. City ordinance. And essentially it's this. If you measure from the far westerly end, over to the edge of this lot, you'll come to 667 feet shoreland. According to the city ordinance the lot has to have at least 200 feet of frontage in order to be allowed as a dock lot. Once it exceeds that 200 feet, what we did was we divided the number of boats by the feet per boat. In other words, if you take 10 boats times the 667, you end up with 1 boat for every 66 feet. And if you divide, or multiply that by 10 you come up to, what 666 feet, right? So in our minds, it fits. We're not further encumbering the property with 10 lots, or 10 boats. We're using the exact number of boats per foot that is recommended by the ordinance. So we really think it's important to be able to get those 10 docks. Again, I think those are the only two issues that we needed to address. The planners really did a good job of addressing the other issues. Thank you. Planning Commission Meeting - April 16,2002 Blackowiak: Okay. Audience: Just one clarification. You say lake front. . .can have 200 feet of lake front has a dock, or did 1 misunderstand you? Bob Boyer: No. According to the beachfront issue, a beachlot has to have 200 feet of frontage in order to be considered a beach10t. And then once it has 200 feet, you can put 3 boats on that beachlot. Then every additional 200 feet you can put 3 more boats. Audience: 3 boats but not 3 docks, is that correct? Bob Boyer: 3 boats, yeah. Right. Audience: .. .just west of that channel is not 200 feet. Bob Boyer: Over here you mean? Audience: Yes. Bob Boyer: That's basically 667 feet Audience: For Lot 4. So none of them are 200... Bob Boyer: Right Each of them could have their own dock. Blackowiak: Okay, excuse me. We're getting into like another issue. Sharmin, do you want to clarify that again. Al-Jaff: Individual lots, riparian lots have to have a minimum of 90 foot frontage. Beachlot Blackowiak: In order to get a dock for that property, 90 feet. Correct. AI-Jaff: And to meet riparian lot standards today. Blackowiak: Yes. Al-Jaff: Beachlots have to have a minimum of 200 foot lake frontage. Blackowiak: And for each 200 feet, if they had 200 feet they can have. AI-Jaff: One dock with 3 watercraft Blackowiak: One dock with 3 watercrafts. Al-Jaff: Or boat slips. Blackowiak: Okay, thank you. Okay, with that I'm going to close the public hearing. Comments. Rich, would you like to. 30 Planning Commission Meeting - April 16, 2002 Slagle: I can start. Planning Commission Meeting - April 16, 2002 about homeowners associations and what I would like to see the commission do is attach more conditions to the conditional use permit so that really what we have before us tonight in the conditiOflal use permit is part of what the ·homeowners would receive when they purchase their property in this area. I guess one other thought here, and I'll probably think of some other things along the way is that the staff might contact Shorewood to understand how or to what level they might approve this application. So at least for now those are my comments. Blackowiak: Thanks, Bruce. Feik: Generally I agree with much of what Vii in particular said tonight. As it relates to the soils though, it's my understanding that the building developer, once something is platted has the responsibility to make sure that the soils underneath a particular are sound, which means he can rip out as much as he needs to and bring in corrected soils. Do compactions. Do whatever. So whether or not a lot is buildable is really none of this body's concems. It's really the concem of when they pull the permit and when they go through.. .of that and to make sure that that is indeed a buildable lot. As long as they are not, and correct me if I'm wrong. I'm framing this as a statement but it's really a question. If they find for example that Lot 4, Block 2 is suspect, so long as they are not impacting the wetlands and other areas which are out of bounds with the various reserve areas, preserve areas, wetland mitigation or whatever, they can excavate to the depth necessary. Al-Jaff: That's correct. To correct the soils. Feik: And bringing in corrected soils from another project which they may have additional soils left over from. And that's normal course of building a house, is it not? AI-Jaff: Yes it is. Feik: So that being said, I guess I don't have any concern with the soils. My real concern is with the outlot. We've had a lot of discussion the last few months about outlots, and I guess my questions are the long term definition as posed by one of the neighbors across the lake regarding who is going to own that outlot? Al-J aff: The homeowners association. Feik: It will be deeded in common to the homeowners association? AI-Jaff: Correct. Feik: And the homeowners association will pay applicable taxes on that outlot? Al-Jaff: That's correct. Slagle: Can I throw one thing in here about associations? Feik: Please. Slagle: I believe that we would at least have the right to ask the applicant that they participate as a . .-- Planning Comrrússion Meeting - April 16, 2002 years. So one thing that we might be able to do, just to ensure because of the sensitivity of the natural resources, is to say hey. We want something in escrow over x number of years, 2 years, 3 years, so what happened further down the lake doesn't happen again. And I' II leave that up to staff to work with but I think it's a protection that maybe some of the citizens would feel comfortable with. Feik: Well that dove tails back to something else... At what point will you see the asòociation documents? Al-J aff: It would be part of the recording of the plat. Feik: Of the plat? AI-Jaff: And the conditional use, and it all goes together as one package. Feik: Right. So I guess my concern is making sure that those association docs do encompass the concerns that have been expressed and give the property owners within that association the rights and privileges they deserve as well as guidance regarding what their limitations are. Other than that I think the applicant has obviously been working with this parcel a good number of years, and I generally support it. Blackowiak: Okay, thank you. Craig, comments. Claybaugh: Yeah, I had some wnU11ents here. I guess the first comment I'd like to make is that the plan does seem well thought through, well conceived. Granted not everyone's going to agree with some of the premises that are set forth but overall in general terms I'm impressed with the thought that's gone behind it. I like the idea of distributing the lake benefits. However, I do assign a fair amount of weight to the uses versus storage of watercrafts, which translates into the number of slips. Some of the concems that are brought up here this evening are broad in nature and are outside of the limited jurisdiction of the Planning Commission. It's not that we're empathetic to it or don't hear it but it doesn't translate in us having jurisdiction over some of those concerns. The lot size. The lot sizes are encouraging. I do have concerns, I agree with Comrrússioner Feik with respect to the soil corrections. That that is an issue to be addressed during, at the point of pulling permit for it. However I do take that into consideration when I look at that in conjunction with wetland mitigation to access it and assign a certain degree of weight into the degree of effort that's being set forth to make that a buildable lot. I don't know if it's appropriate at this point in time to question the developer's math in terms of calculating the number of slips that are there, or if that's something that we are just saddled with to vote one way or the other this evening. AI-Jaff: The ordinance is very clear. It says for every 200 feet you have up to 3. Claybaugh: I understand. Blackowiak: So you can't take an increment of 200 feet and get I? AI-Jaff: No. Blackowiak: Okay. So then it sounds like we're at 9. Claybaugh: Okay, but coming back to the alternative that Lots 7, 8, or 5 through 8 and Lot 4 would have to apply for wetland alteration permits or, as part of the shoreland management act, 10 foot egress out to 34 Planning Commission Meeting - April 16,2002 access that, that they would have the 3 boats. That's coming back to the argument that some of the neighbors made versus usage versus storage of the watercraft. And I think there is some validity and some weight that needs to be assigned to that. So is there any room for negotiation with respect to that to the developer or is that just flat out what we. . Haak: That's actually both a state and a city requirement so that is prescribed in the DNR's rules. And it clearly states that any areas such as this can have up to 3 docks, each containing up to 3 watercraft. So we're held fairly close to the letter of the law on this one. I don't see that we have a whole lot of options. Claybaugh: Okay. Alright, that's the extent of the questions I have. Thank you. Blackowiak: Okay. Any comments? Lillehaug: Yes I do. First I'd say I'd like to, I'll be limiting my comments. I'd like to abstain from voting on this due to my short time on the commission here, but I do have one comment here. I do agree with Commissioner Claybaugh on the usage versus storage of the slips. It can be very subjective and we'll get many different opinions from many different people, and that will be subjective. But I'd like to comment on the right-of-way south of Lot I and Lot 2 of Block 2. To the south of the cul-de-sac, the throat of the cul-de-sac there. There is that parcel of land that will be dedicated as public right-of-way, is that correct? AI-Jaff: Yes. Lillehaug: So the maintenance of that parcel would be by the adjacent property owners? I gues~ that'd be more of a statement that if that is dedicated as public right-of-way, that that will be required to be maintained by the parcel owner to the south of that right-of-way, correct? AI-Jaff: Typically that's what happens with right-of-way, yes. Lillehaug: And then another comment I have is on the 60 foot radius of the right-of-way for that same cul-de-sac, that does need to be shifted to the north to maintain that 60 foot right-of-way on the south property line. AI-Jaff: That's correct. Lillehaug: So will that still maintain a buildable lot size for Lot 2? AI-Jaff: That will be the responsibility of the developer. Lillehaug: Okay, and that would end my comments, thank you. Blackowiak: Okay. Thank you very much. I have a few comments. Let's start out with the beach10ts. It's a huge issue. It's something I didn't even think about before I came tonight. Who owns the outlots? It's an interesting question. Ownership is huge. Taxation, that's another issue. It's I guess not the Planning Commission's area to look at taxation but I'm sure the council will have a discussion about that when it comes to them as to whether beachlots versus actual direct access onto the lake makes more sense for the city standpoint. One thing that I would like to ask I guess Sharmin, is there any way to assign a share of ownership in a beachlot to properties? In other words, let's say each lot owns 1/11 share of that beachlot. That outlot, as opposed to. 35 Planning Commission Meeting - April 16, 2002 AI-Jaff: I can find out. Blackowiak: Okay. It's just something that as the discussion was going on tonight, you know you don't want a beachlot sold. You don't want something happening or the status changing when a person buys into an area being told that they're going to have a beachlot, so I think that, and I guess I don't know if it could happen or not but if each lot had a certain, an equal share, I think it would be difficult to change ownership so that's just a comment. I was, it just kind of came to me this evening. Could be way out there, who knows. Second, homeowner associations, enforcement is none by the city basically. The city, unless there's some kind of a violation, the city will get involved. Otherwise it's the homeowners responsibility so just so everybody understands that and they need to govern themselves. I think the general enforcement issues are a problem with homeowner associations and just a lot of things in general you see around town and you kind of go gee, we need to enforce this and it doesn't happen. And it might not be a huge issue but for people who live by and are directly affected by those issues, it is huge. So that's something I do always have a concern about when you talk about associations. Variances. Generally I support all 3. They make sense to me. The 50 foot right-of-way. The street grade, and even the 50 by 80 house pad makes sense and I think that I would support all those. Some of the concerns of the neighbors. Screening and trees. I think those are very important. Specifically the lot directly to the east which I've got notes here, I believe was Mr. Christian. I think the developer really needs to work with the neighbors and specifically those on the east and kind of the southeast, to make sure that there's some screening done. The driveway issues, the overhead power lines, those issues need to be resolved before this goes to council I would hope. That they could sit down and talk about it. Tree calculations near Pond 3. I think it was brought up that there's going to be some additional removal there that wasn't really reflected in the plan so I hope that before this item goes to council that those are re..visited and we get accurate numbers. Yeah, especially near that pond number 3. The second issue I would have would be tree removal on Lots 5 through 8. The developer was talking about them being boxelders and cottonwoods down there. Granted they might not be the prettiest but they are there right now and if he's talking about removing them, then we need to make sure that the calculations reflect that potential. And you know you say you always look for worst case scenario, well let's say worst case scenario they're taken out of there and let's make sure the calculations do in fact reflect that. My major, I guess I don't know if I tipped it off, my major problem is with the beachlot. I don't know if that's the way to go for this or not. That being said, somebody else gets to make a motion so we'll just leave it with that. Feik: Well I'd be happy to make the motion. Blackowiak: Go right ahead. Or several motions I should say. Feik: I'll begin with the first one. I would move that the Planning Commission approve, that the approval of the preliminary plat for Subdivision #02-6 for Boyer Lake Minnewashta for 11 lots and one beachlot with variances for a 50 foot right-of-way width, a 9 percent right-of-way grade, and a 50 by 80 house pad on Lot 4, Block 2 as shown on the plans received April 9, 2002, subject to the following conditions, number I through 37. An additional item (h). 37. Lot 1,2,3,6,7,8 shall be custom graded. Slagle: Block I? Feik: Excuse me, thank you. Block I shall be custom graded. We might as well put in here VIi's removal of the silt fence. Sacchet: Thank you. I wasn't going to do it today. 36 Planning Comnñssion Meeting - April 16, 2002 Feik: Oh, I've got it in here a couple times for you. And I would be willing to accept any additional changes or discuss any additional changes. Sacchet: First I second it and then I would like to add some friendly amendments, or at least try. I would like to put something in about those specific neighbor's concerns. I would like to suggest a condition 38 that Lot 1, Block 2 maintains some of that evergreen buffer towards the east property line. Sidney: How about work with staff to establish a. Sacchet: Work with staff to establish, okay. Sidney: The appropriate buffer. Sacchet: That's fine. Work with staff to establish a buffer on the east property line. And then I would like to add another one, I guess that would be 39. And we could use the same wording. The applicant work with staff to resolve the driveway issue to the Olsen property. And now I oùght be stretching it. There's one more that I'd like to add. Should we accept them one at a time? Blackowiak: Do you accept those 2 so far? Feik: I would like to discuss number I if we could please. Sacchet: Let's do that. Feik: Only to the extent that it would be...phraseology. I would preferto say either making or replace or install regarding, not. I don't want to. Sacchet: It sounds to me that's what there has to stay but there is. Feik: No, we're fine. You're fine. Sacchet: Okay. Okay. The intent is that there's something done to work with the neighbors to make this a happy solution for everybody as much as possible. Feik: Good so far. Sacchet: Alright. Now the last one, and maybe that shouldn't be a condition. Maybe that should be a comment to staff. I'd like to see staff researching the issue of the ownership of the beachlot before it gets to council to be possibly, knowing what the possibilities are in that context. Actually that's not a condition. That would be just a direction. Blackowiak: A direction for staff, okay. Sacchet: Okay. Blackowiak: Okay. Been a motion and a second. Sidney: One more friendly amendment? 37 Planning Comnússion Meeting - April 16, 2002 Blackowiak: Oh, go ahead. Sidney: Okay. I guess I would like to see as a condition 40. Sacchet: We're up to 40, yep. Sidney: Okay. That the applicant shall work with staff to determine the trail materials. Feik: Appropriate trail materials. Sidney: Right, before City Council. Blackowiak: Okay, is that accepted? Okay. Okay, anybody else? Okay. Feik moved, Sacchet seconded that the Planning Commission recommend approval of the preliminary plat for Subdivision #02-6 for Boyer Lake Minnewashta for 11 lots and one beachlot with variances for a SO foot right-of-way width, a 9 percent right-of-way grade, and a SO by 80 house pad on Lot 4, Block 2 as shown on the plans received April 9, 2002, subject to the following conditions: L The applicant shall make a note on the landscaping plan that evergreens shall average 7 feet in height with a 6 foot minimum. 2. Each lot shall have a minimum of one overs tory deciduous tree planted in the front yard setback area. 3. A presentation easement shall be dedicated over the westerly 400 feet of the beachlot and the portion located west of Lot 4, Block 2, and east of the channel. 4. In lieu of land dedication and/or trail construction, full park and trail dedication fees should be paid. These fees are to be paid at the rate in force upon final platting and/or building permit application. The current rate is $1,500 per single family dwelling for parks and $500 per single family dwelling for trails. One-third of all park and trail fees applicable to the entire plat are due at the time of final platting. The remaining two-thirds are paid independently at the time of each building permit application. 5. The easterly lot line of Lot 1, Block 2 shall be extended to the north eliminating the finger extending to the east. The remnant parcel shall be deeded to the property to the east. 6. The subdivision shall comply with the following table: COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Lot Lot Home Area Width Depth Setback Ordinance 15,000 non-riparian 90' 125' 30' front/rear 20,000 riparian lO'sides 38 Planning Commission Meeting - April 16,2002 BLOCK 1 LotI 37,092 102' 345' 30'/30' 10' Lot 2 36,621 96' 369' 30'/50" 10' Lot 3 47,972 77' on curve 329.5' 30'/50" 10' Lot 4 45,357 70' on curve 225' 30'/50" 10' Lot 5 37,978 53' on curve 304' 30'/30'/60" **** 10' Lot 6 21,467 68' on curve 220' 30'/30'/60" 10' Lot 7 22,876 127' 215' 30' /30' /60" 10' Lot 8 20,285 107' 229' 30' /30' /60** /30'***/10' BLOCK 2 LotI 18,929 68' on curve 220' 30' /30' 10' Lot 2 24,761 185' 156' 30' /30' 10' Lot 3 151,518 (Beach Lot) Lot 4 78,394 riparian 84' on curve 670' 30'/75'/50"* 10' * The 50-foot setback includes a 10 foot average wetland buffer in addition to a 40 foot structure setback. ** The 60-foot setback includes a 20 foot average wetland buffer in addition to a 40 foot structure setback. *** The 30-foot bluff setback includes a 20-foot bluff impact zone. **** The width of Lot 5, Block 1 must be adjusted to maintain 90 feet at the 30 foot setback line. 7. Fire Marshal Conditions: a. An additional fire hydrant will be required at the intersection of Washta Bay Road and the new proposed street. b. A lO-foot clear space must be maintained around the fire hydrant, i.e. street lamps, trees, bushes, shrubs, Qwest, Xcel Energy, cable TV and transfonner boxes. This is to ensure 39 Planning Commission Meeting - April 16, 2002 that hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. c. When fire protection including fire apparatus access roads and water supplies for fire protection is required to be installed such protection shall be installed and made serviceable prior to and during the time of construction. Pursuant to 1997 Minnesota Uniform Fire Code Section 901-3. d. No buming permits will be issued for trees that are removed. Trees or brush must be either removed from site or chipped. e. Submit street names to the Chanhassen Building Official and the Chanhassen Fire Marshal for review and approval. f. Submit cul-de-sac designs to Chanhassen City Engineer and Chanhassen Fire Marshal for review and approval. g. On Lots 4, 5, 6, 7 and 8, additional address signs may be required at the driveway entrance is address numbers on the house are not visible from the street Contact the Chanhassen Fire Marshal for additional information pursuant to Chanhassen Fire Department/Fire Prevention Division Policy #29-1992. 8. The utility and drainage easement along the northerly property line of Lots 1 and 2, Block 2, shall be increased to 10 feet, as reqùested in the attached memo from Reliant Energy. Minnegasco. 9. Building Official Conditions: a. Demolition permits must be obtained before demolishing any existing structures. b. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. c. Provide a water service connection for Lot 8. d. Permits are required for the roof drainage piping on Lots 5, 6, 7, and 8. 10. The lot width for Lot 5, Block I shall be adjusted to maintain 90 feet at the 30 foot setback line. 11. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). 12. All structures shall maintain a 40 foot setback from the wetland buffer edge. 13. All structure shall maintain a 75 foot setback from the OHW of Lake Minnewashta. 14. The applicant shall obtain a Conditional Use Permit for the proposed recreational beachlot and shall obtain amendments to the CUP prior to any alterations to the beachlot 40 Planning Commission Meeting - April 16, 2002 15. The last catch basin prior to discharge into each pond shall be a sump catch basin. 16. The applicant shall examine the slopes near the southwest corner of Lot 8, Block 1 and determine whether or not they meet the City's criteria for a bluff (rise of 25 feet above the toe and a slope averaging 30% or greater). If the slopes meet the bluff criteria, all structures shall maintain a 30 foot setback from the top, toe and sides of the bluff. 17. Easement types and locations shall be called out on the preliminary plat. 18. An encroachment agreement for the trail on Lot 3, Block 2 shall be obtained prior to trail construction. 19. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. 20. Based on the proposed developed area of approximately 10.65 acres, the water quality fees associated with this project are $8,520; the water quantity fees are approximately $ 21,087. The applicant will be credited for water quality where NURP basins are provided to treat runoff from the site and adjacent areas. The current proposal appears to provide water quality treatment for runoff from 4.1 acres on-site and 39.0 acres off-site. (These figures will be finalized upon final review of the storm water calculations.) In addition, two outlet structures are proposed. Preliminary calculations show a credit of $39,480 against total fees of $29,609. At this time, the estimated total SWMP credit due to the applicant for the provision of ponding for off-site areas in accordance with the SWMP is $9,871. 21. The applicant must apply for and obtain permits frem the appropriate regulatory agencies (e.g. Minnesota Pollution Control Agency, Minnesota Department of Natural Resources) and comply with their conditions of approval. 22. Approval of this application is contingent upon the City of Shorewood reviewing and approving this application. 23. The existing driveway access off of Highway 7 shall be abandoned. 24. Lot 3, Block 2 shall be platted as an outlot. 25. The pond is required to be designed to National Urban Runoff Program (NURP) standards. 26. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 27. Prior to final platting, storm sewer design data will need to be submitted for staff review. The storm water will have to be designed for a 10-year, 24-hour storm event. All of the ponds are required to be designed to National Urban Runoff Programs (NURP) standards. Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum utility easement width shall be 20 feet wide. 28. Staff recommends that Type II silt fence be used around the grading perimeter of the site and that Type III silt fence be used adjacent to all ponds and wetlands. The silt fence shall be removed 41 Planning Commission Meeting - April 16,2002 at the completion of construction. A 75 foot nùnimum rock construction entrance must be added to the entrance that will be accessed during construction. The applicant should be aware that any off-site grading would require an easement from the appropriate property owner. All disturbed areas must be sodded or seeded and mulched within two weeks of grading completion. 29. Installation of the private utilities for the site will require pernùts and inspections through the City's Building Department. 30. Public utility improvements will be required to be constructed in accordance with the City's latest editions of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Pernùts from the appropriate regulatory agencies must be obtained, including but not linùted to the MPCA, Department of Health, Watershed District, Carver County, etc. 3 L Add all applicable 2002 City of Chanhassen Detail Plates to the plans. 32. The proposed development will be required to meet the existing stormwater runoff rates for the 10 and 100 year, 24 hour storm events. 33. Revise the plans to show the following for all of the public streets: a 28 foot back-to-back pavement width, a 50 foot right-of-way and a 45.5 foot pavement radius for the cul-de-sac with a 60 foot right-of-way radius. Also, the applicant must provide a uniform transition from the existing 22 foot wide pavement of Dartmouth Drive to a new 28 foot street section. 34. Abandon the existing utility lines on the east side of the site, west of the proposed manhole connection. Also, the existing house services shall be connected to the new utility lines. 35. According to the City's Finance Department records, the underlying parcels on the east and west sides were previously assessed for sanitary sewer and water. However, the underlying parcel in the center of the site was not assessed for utilities. As such, the proposed homesite on Lot 4, Block 2 will be required to pay a sanitary sewer connection charge. The current 2002 lateral connection charge for sanitary sewer is $4,335 per lot. Since the developer will be extending the lateral sewer and watermains to the remaining lots, the sanitary sewer and water connection charges will be waived. Sanitary sewer and water hookup charges will still be applicable for each of the new lots. The 2002 trunk hookup charge is $1,383 for sanitary sewer and $1,802 for watermain. 36. On the utility plan: a. Add storm sewer schedule. b. Show the proposed utilities sewer length and slope, and review type and class of sewer. c. Revise sanitary service size from 4 inches to 6 inches. d. Relocate the fire hydrant between Lots 4 and 5, Block 1. e. Move trail out of watermain easement right-of-way at the north side. f. Add a legend. g. Revise watermain type to PVC class C-900. 42 Planning Conunission Meeting - April 16, 2002 h. No ponding allowed in public street right-of-way. i. Add a concrete valley gutter to the east access. j. Add and show cul-de-sac draintile. k. Show size of storm sewer culverts on Lot 4 driveway. I. Show all existing services. m. Revise note on connecting to existing sanitary manhole to "construct outside drop structure on existing manhole at Inv. 945". 37. On the grading plan: a. Show the benchmark used for the site survey. b. Show the location of the 75-foot rock construction entrance. c. Add a legend. d. Revise Lot I, Block 2 garage elevation. e. Revise the pond high water level elevation. f. Show Lot 1, Block 1 and Lots 1 and 2, Block 2 private driveway. g. Private driveway slope is 10% maximum. h. Lots 1, 2, 3, 6, 7, 8, Block 1 shall be custom graded. 38. The applicant will work with staff to establish an appropriate buffer on the east property line of Lot 1, Block 2. 39. The applicant shall work with staff to determine the appropriate trail materials. All voted in favor, except Slagle and Blackowiak who opposed. Lillehaug abstained. The motion carried with a vote of 5-2-1. Blackowiak: Okay Rich, your reason. Nothing to add? Slagle: Simple very, very delicate piece of property and I mean my one year on this conunission, this is probably the most delicate area that I've looked at from a natural resource standpoint and I guess I'mjust wondering about the outlot and wondering if it's more applicable to have the 4 homes, or actually 5 lots have their own docks and that would be something that comes in. Blackowiak: Yep, and that's the reason for my no vote too. I'd like the council just to take a look at it. They've got to decide what's best for this piece of property. Okay, so we'll need the next amendment please. Or the next motion please for the wetland alteration permit. Feik: I'd move the Planning Conunission recommends. Blackowiak: It'd be on that page 29. Feik: Oh excuse me, I was going to skip that one. I move the Planning Conunission recommends approval of the Wetland Alteration Permit 02-3 for Boyer Lake Minnewashta as shown on the plans dated received April 9, 2002 and subject to the following conditions, 1 through 7 with the adjustment on number 5 to remove the silt fence upon completion of the project. Blackowiak: Okay. Been a motion, is there a second? 43 Planning Commission Meeting - April 16, 2002 Sidney: Second. Blackowiak: Moved and seconded. Any discussion? Feik moved, Sidney seconded that the Planning Commission recommends approval of the Wetland Alteration Permit #02-3 for Boyer Lake Minnewashta as shown on the plans dated received April 9, 2002 and subject to the following conditions: 1. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The applicant shall submit a Wetland Replacement Plan Application along with all required supporting materials. The applicant shall provide proof of recording of a Declaration of Restrictions and Covenants for Replacement Wetland. A wetland replacement plan shall be approved prior to wetland impacts occurring. 2. A wetland buffer 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around Basin I. Wetland buffers 10 to 30 feet in width (with a minimum average of 20 feet) shall be maintained around Basin 2, 3 and the wetland mitigation area. (Those buffers considered for PVC must maintain a minimum width of 16.5 feet.) Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of city staff, before construction begins and shall pay the City $20 per sign. 3. All structures shall maintain a 40 foot setback from the wetland buffer edge. 4. Drainage and utility easements shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. 5. Type III silt fence shall be provided between wetland and upland areas where work is proposed adjacent to wetland areas or areas to be preserved as buffer. If no buffer is to be preserved, Type III silt fence shall be provided at the delineated wetland edge. All silt fence shall be removed upon completion of construction. 6. Any disturbed wetland areas shall be reseeded with MnDot seed mix 25 A or a similar seed mix that is approved for wetland soil conditions. 7. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g. Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers) and comply with their conditions of approvaL All voted in favor, except Slagle and Blackowiak who opposed, LilIehaug abstained, and the motion carried with a vote of 5-2-1. Blackowiak: Same reasons I'm assuming? Slagle: Same reasons. Blackowiak: Okay. Next, conditional use pennit. 44 Planning Commission Meeting - April 16, 2002 Peik: I make a motion that the Planning Commission recommends approval of Conditional Use Permit #02-2 for Boyer Lake Minnewashta as shown on the plans dated received April 9, 2002 and subject to the following conditions 1 through 11. However on number 9, where we talk about cross easements and the homeowners association for Lots 4 and 5, I guess I'm not, don't know how we should do this but I would like to make it very clear that the staff should be comfortable with the language as presented in the homeowners association prior to going to final approval with the council. Blackowiak: Okay there's been a motion, is there a second? Sidney: A second with a friendly amendment or two. Peik: Okay. Sidney: I guess I'd suggest a condition 12 that the applicant shall include a copy of the conditional use permit in the homeowners covenants. Then also a modification to condition 6. I guess I would like to see this, well the beachlot should not be used as a boat launch and posted as such, and I guess I'm leaning towards more posting of things that will be part of what will be enforced in terms of city code on this beachloL Peik: Would you want to limit that to traiIered boats to be specific? Does that make a difference? Blackowiak: Minutia. Feik: It doesn't matter to me. That's your. Sidney: Work with staff for the appropriate language. But posted as such for whatever craft shall not be launched. Haak: We'll take a look at the code. Blackowiak: Okay. Feik: Accepted. Feik moved, Sidney seconded that the Planning Commission recommends approval of Conditional Use Permit #02-2 for Boyer Lake Minnewashta as shown on the plans dated received April 9, 2002, and subject to the following conditions: I. The beachlot shall contain no more than 3 docks with no more than 9 spaces for ovemight watercraft storage. The plat shall be revised to show 9 spaces, the maximum allowed on a single beachlot by city ordinance. 2, The beachlot shall meet all requirements set forth for recreational beachlots in Section 20-263 of the City Code. 3. A conservation easement shall be placed over the portion of the beachlot that includes Basin 2. 4. The applicant shall specify the materials used for trail construction. 45 Planning Comnússion Meeting - April 16, 2002 5. The trail shall not be extended to the shoreline. 6. The beachlot shall not be used as a boat launch and the City will post the appropriate signage. 7. The applicant shall explore the feasibility of avoiding wetland fill for the trail along the north side of Basin 1 by installing a boardwalk or similar structure. 8. The proposed trail shall be located within the drainage and utility easement between Lots 4 and 5 on Block 1. 9. A cross access easement shall be granted for the trail from the owners of Lots 4 and 5, Block I in favor of all the homeowners in the homeowners association. Staff shall review and approve this language prior to City Council approval. 10. The number of non-motorized watercraft storage racks shall not exceed the amount of storage necessary to permit 1 rack slip per lot served by the beachlot. The plans shall reflect the capacity and location of the proposed storage rack(s). I L An amendment to the Conditional Use Permit shall be required for any changes to the beachlot including but not limited to: dock configuration, installation of portable chemical toilets, placement of boat racks and placement of structures. 12. The applicant shall include a copy of the conditional use permit in the homeowners covenants. All voted in favor, except Slagle and Blackowiak who opposed, Lillehaug abstained, and the motion carried with a vote of 5-2-1. Blackowiak: Alrighty. This, I'm sorry. Okay, I'm sorry. This item will go to City Council on May 13th so anyone wishing to follow that to City Council, please do so and thank you all for your comments this evening. And there's been a request that we take a brief recess right now, so we'll take a 5 minute recess. We'll reconvene at 9:40. (The Planning Comnússion took a short recess at this point in the meeting.) Blackowiak: Before we go to new business, UIi asked if he could make a brief comment so go ahead. Sacchet: Yeah, I just wanted to make a comment for the record that I was really impressed, and I want to commend staff for how much work that obviously went into that report for that proposal we just worked on. I want this to be on the record. I think you guys did an incredible job negotiating, balancing it and it's a very sensitive place and I think you did an excellent job. Blackowiak: Okay. Claybaugh: I second it. AI-Jaff: Thank you. It was a joint effort. ELECT CHAIR AND VICE-CHAIR. 46