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G-1. 1630 Lake Lucy Road: Approve Rezoning from Rural Residential District to Single-Family Residential District0 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 J� MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: June 13, 2016 SUBJ: Planning Case #2016-09 Lake Lucy Road — Rezoning, Subdivision with Variance PROPOSED MOTION "Chanhassen City Council approves rezoning of the property from Rural Residential, RR, to Single -Family Residential, RSF and preliminary plat approval for 12 lots, one outlot and public right-of-way with variances for the use of flag lots, cul-de-sac bubble size and a local street centerline offset of less than 300 feet and a building setback variance from the cul-de-sac bubble for lot 11 subject to the revised conditions of approval and adopts the findings of fact." City Council approval requires a majority vote of City Council. Park & Recreation EXECUTIVE SUMMARY Phone: 952.227.1120 Fax: 952.227.1110 The applicant is requesting rezoning and subdivision approval to create a 12 lot Recreation Center single-family detached housing residential neighborhood. The proposed 2310 Coulter Boulevard variances are from the subdivision ordinance: for the use of a flag/neck lot, cul - Phone: 952.227.1400 de -sac bubble size and for less than 300 feet offset from street centerlines; and Fax: 952.227.1404 from the zoning ordinance for the setback from the cul-de-sac bubble. Planning & Natural Resources PLANNING COMMISSION SUMMARY Phone: 952.227.1130 Fax: 952.227.1110 The Planning Commission held a public hearing on May 17, 2016 to review the proposed development. The Planning Commission voted five to one on a motion Public Works recommending that City Council approve the development. 7901 Park Place Phone: 952.227.1300 Issues of concern brought out at the Planning Commission were grading, storm Fax: 952.227.1310 water management and tree preservation. Specifically, there was concern about the Senior Center creation of wet, rear yard areas through the grading of lots 6 — 9 and the use of Phone: 952.227.1125 retaining walls, and limiting the usability of the yard by the home owner. Staff has Fax: 952.227.1110 seen similar circumstances, The Preserve at Bluff Creek, where the use of retaining walls to alter the site to create lookout and walk out homes resulted in excessively Website wet conditions to occur. www.ci.chanhassen.mn.us For lots 1— 5, there was concern that storm water runoff would be greater than currently exists and that off-site discharge under Lake Lucy Road would be greater than currently occurs. There are specific modifications to the grading plan and Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow requirements for additional analysis that should alleviate these concerns and provide answers before that final plat may be approved. Staff would like to be assured that the post development discharge rates and volumes are at or below existing conditions. To address concerns about the western lots, staff has added the following condition, which was discussed as part of the report, but not included as a condition under Engineering: 4. The applicant shall revise lots 6-9 be a full -basement, rambler -style home. This condition should reduce some of the grading on the site, lessen the size or need for retaining walls and be more conforming to the existing land form. The applicant also submitted a "responses to staff recommendations". While they concurred with the majority of the recommended conditions, there were four that they requested be deleted. The discussion, their rational (blue type) and staff responses (red type) are attached to this report. Staff recommends that the conditions remain with modifications to Water Resources condition 3. 3. The stormwater management practices shall achieve a new overall reduction of at least 90% for total suspended solids and 60% for total phosphorous using industry accepted removal rates. This includes manipulation of the NURP50 Particle Distribution filtration efficiencies to match accepted literature values. Finally, the revisions to the plans may provide additional tree preservation opportunities, but staff does not want to accept current preservation if in the future, the home owner will be responsible for removal of the trees. The required grading revisions may provide additional areas that would be acceptable for the planting of trees throughout the development. Planning Commission minutes for May 17, 2016 are included in the consent agenda for the June 13, 2016, City Council packet. RECOMMENDATION Staff recommends approval of the rezoning and preliminary plat with variances for the use of flag lots, cul-de-sac bubble size and a local street centerline offset of less than 300 feet and a building setback variance from the cul-de-sac bubble for lot 11, plans prepared by Stantec, dated 5/6/2016, subject to the conditions of the Planning Commission staff report and adoption of the findings of fact. ATTACHMENTS Letter from Allan & Mary Weingart to City of Chanhassen dated May 17, 2016 Letter from Betsy Randall to City of Chanhassen dated May 18, 2016 Lake Lucy Road Responses to Staff Recommendations dated May 17, 2016 Planning Commission Staff Report Dated May 17, 2016 as revised. ALAN & MARY WEINGART May 17, 2016 TO: City of Chanhassen Chanhassen Planning Commission RE: Yosemite Holding, LLC Rezoning Request 1600 and 1630 Lake Lucy Road Planning Commission Members, Unfortunately, I will be unable to attend tonight's Planning Commission meeting due to a business conflict that has taken me out of town. I lieu of attendance, I wanted to express some concerns regarding the proposed development referenced above. First of all, I am NOT opposed to the development of the indicated property. Landowners have the right, within limits, to do what they want with their own land. The issue I have is when that development has a potential, and in this case likely, detrimental impact on neighboring properties. Mary and I are the owners of a portion of the property directly to the south of the subject development. We, along with the Kendall's and Randall's, own the property noted in the recent staff report as the "Southern Drainage Area". Our own property happens to be the 1800' driveway that extends from Lake Lucy Road out to the 11 acre so-called "island" in Lake Lucy. (We also have our primary residence down Lake Lucy Road and up Steller Court at 1685 Steller Court.) The Southern Drainage Area is made up primarily of wetlands, a portion of which I was required to mitigate when we put our driveway in back in 1999-2000. This is very low property that "holds" water for quite some time after heavy rains and/or snowmelt (when there used to be such a thing!). There is NO DRAINAGE from this basin into Lake Lucy or anywhere else, so the water accumulates and slowly percolates into the wetlands or evaporates ..... the only two options. The staff report makes an interesting observation when it says on page 6 that "Regardless of which path the drainage takes relative to the driveway; it all ends up in a third wetland with no constructed outlet although it appears that it does drain overland to Lake Lucy if it bounces approximately five (5) feet." (emphasis added). "Bounces .... 5 ... feet? I suspect that this is a technical engineering term of art, but I have never seen this occur in this area nor can I imagine such happening. I do, however, agree that the water would need to rise in that wetland basin about 5 feet BEFORE it would begin to make its way to Lake Lucy. AND, if that were the case, my driveway would be under water about 4'/ feet, along with the Kendall's home being partially flooded! The point being made here is that the prospect for southerly discharge of water is quite detrimental to the property owners that I have mentioned, and I would propose that our driveway would be the first property negatively impacted by such discharge. This potential for standing water that covers or degrades my driveway at the lowest point through these wetlands seriously impacts the value of my island property as it is the only means of reaching that 11 acre parcel. The staff report attempts to address the mitigation of this problem, but, in my opinion, raises more concerns than it resolves. The division of the development into "two major drainage area(s)" creates a significant area from which water will flow into the Southern Drainage Area. Some particularly troubling statements from the report are as follows: 1685 STELLER COURT, EXCELSIOR, MN 55331 Telephone: Work: (612) 376-4005 Mobile: (952) 239-5899 Home: (952) 474-6884 Email: Work: aweingart@doughertymarkets.com Home: a/weingart@v1si.com ALAN & MARY WEINGART ■ Page 6: When addressing my driveway, the report states, "nor does it appear designed to city standards." When I put this driveway in, it was certainly vetted and approved by the City and about 15 other state and federal agencies. Please review the records as this was not a renegade homeowner acting on his own! ■ Page 6: "Staff agrees that the lack of easement and infrastructure makes it untenable to send any additional runoff to the south. These property owners should not bear the responsibility for the stormwater management of the subject property." ■ Page 6: "The development of the site must not direct any additional volume of runoff to the south. Further, rates must not be increased over existing rates for any scenario." ■ Page 6: "The current plan...... still directs the majority of lots 1 through 7 to the south." ■ Page 6: Apparently, one solution is to "employ downspouts" to assist in the direction of the roof drainage to the north. Who is going to police this once the development is done? The staff report even questions this on page 7 when they add, "While this could work in principal, the practice of this will be difficult [to] implement, inspect and compel compliance." ■ Page 7: All of this leads staff to conclude that it is highly unlikely that more water is not being directed south than is claimed." ■ Page 7: "It is intuitive that a site, after mass grading, will be more compacted than under current conditions. Mass graded sites intentionally compact soils to increase strength for paved areas and building pads. This increase in compaction leads to an increase in bulk density and a decrease in soil porosity. This translates into an increase in the volume of water running off the site." These are just a few of the statements that staff has made throughout their thorough report that question the southerly flow of stormwater discharge and how this problem is being mitigated. The only potential solution that I can envision (and I am not an expert on these matters) is for the stormwater to be diverted: 1. To the eastern wetlands as is being proposed for the northern section of this development, 2. Through Pheasant Hills Park to the wetlands on the southerly side of that park north of Lake Lucy Lane, or 3. Down Lake Lucy Road to the west so that it ultimately drains into the wetlands to the west of Steller Court (admittedly, a difficult redirection). Having the stormwater from roughly half of this development flow to the Southern Drainage Area with no interruption (not even a holding pond) will be significantly detrimental to my property, and that of my neighbors, as well. And, any monitoring of this once the development has been done will be virtually impossible and unenforceable. Once again, I apologize for not being able to attend the May 17th Planning Commission meeting, but hope you will take our concerns under consideration in your assessment of this development. Thank you for your time and commitment to the City of Chanhassen as your task is not an easy one. Regards, 2 1685 STELLER COURT, EXCELSIOR, MN 55331 Telephone: Work: (612) 376-4005 Mobile: (952) 239-5899 Home: (952) 474-6884 Email: Work: aweingart@o6ughertymarkets,com Home: alweingart@visi.com May 18, 2016 To: City of Chanhassen Chanhassen Planning Commission Chanhassen City Council Re: Yosemite Holding, LLC Rezoning Request 1600 and 1630 Lake Lucy Road Planning Commission and Council Members, I attended the meeting Tuesday (5/17/16) evening and realized there was more that needed to be stated about my concerns regarding the drainage from the above rezoning and subdivision. The 100 year rain was mentioned by staff at the meeting last evening which I believe was stated at 6" in 24 hours, this seems to be happening more often than once in a 100 years. There have been many times in the past and will be more in the future when we get more than that in a few days of steady rain. Last fall (Oct. -Nov 2014) we received more than 6" in a few days of constant rain. My property received so much water that I could have had a skating pond over the winter on the area where the water ponds on the north side of my property. This "pond" greatly exceeded the "normal' high water markers placed on my property years ago. How can the currently proposed plat NOT increase drainage onto my and the adjoining properties when especially since the developer states they will have to haul in many tons of earth to do the proposed building of these homes. The current soil is basically clay which causes a lot of runoff so what type of soil will be brought in to reduce this? Staff mentions packing of the soil on the property as a concern. If soil compaction is done in the "usual' way it will be packed to densely and increase more drainage to the south. How will this be monitored or dealt with? Looking at the latest elevations (pages 4 and 6 of commission packet) of lots 1- 6 and possibly 7 the runoff to the south can only be more than present. How will the drainage be monitored to make sure it is not more than what currently drains south? Since there is no direct drain to Lake Lucy from mine or neighbor properties when the water has nowhere to go it backs up onto my property. There have been times in the 20 years I have owned this property that the northern part of my property has been basically inaccessible due to the amount of moisture there. This may be great to drown the wild garlic but also great for the mosquito population. I would like to see a comparison of the existing elevations compared to the proposed elevations for this project and have someone explain to my neighbors and me how the drainage to the south from current proposed preliminary plat will NOT increase due to the change. I will be out of town for the next few days but would like to take this opportunity to invite the council members, staff and whomever to come walk the properties on the south side of Lake Lucy Road after Memorial Day to really SEE the problem that could be caused if drainage into this area is increased at all! Bring your water boots... Sincerely, Betsy (Kathryn) Randall 1571 Lake Lucy Road 952-474-6522 LAKE LUCY ROAD; NEW RESIDENTIAL NEIGHBORHOOD RESPONSES TO STAFF RECOMMENDATIONS to PRELIMINARY PLAT FILING. Planning Commission Meeting, Tuesday, May 17, 2016 We are in full agreement with 76 of 80 conditions of approval. Following the section labeled RECOMMENDATIONS on Page 19, there are seven topics, with conditions. Seventy six of these conditions are standard and typical of final plats, construction plans and details. We will accommodate all of these requests in our revised plans. Please see our responses to the following 4 conditions: Note — Three of these four items can be accommodated, but we would like to share some comments for your consideration. Because we are concerned that these conditions will either adversely impact environmental quality, impose added cost without any real benefit, we would like these conditions to be discussed, and ideally, removed as conditions of approval. Engineering Recommendation number 14 is a significant concern to us for the reasons described below. "Engineering: Condition 14. Retaining walls and entry monument... shall be relocated outside standard perimeter drainage and utility easement boundaries, excepting the retaining wall on Lots 5 and 6." Developer & Consultant Observation: The positions of the retaining walls on lots 5 and 6 serve the some function of assisting drainage, within the "drainage easements', as do the retaining walls on Lots 8, 9 and 10. The walls on each one of these lots is critical to the proper drainage and runoff flows, as well as sustaining a suitable area for home construction. Significantly, forcing the walls off of drainage easements, (specifically titled for such use), is an exceptional and unusual requirement that will cause harm. This would impose adverse effects on the functions and values of lots and inhibit drainage, while providing no benefits. We, therefore, request that this Engineering Condition #14 be deleted/ This condition will remain. Per Condition 14, the retaining wall on Lots 5 and 6 may stay inside the easement, but will require an encroachment agreement. That retaining wall must be under an encroachment agreement so that it can be removed when the properties to the west connect to the sanitary sewer near the wall. This is discussed further in the Utility Section of the staff report. For the other retaining walls, requiring them to be constructed outside of drainage and utility easements is not an "exceptional' or "unusual' requirement. The purpose of a perimeter drainage and utility easement is to provide an area for public and private utilities to access the lots and to provide a drainage way between the lots and set back from the building pads. The retaining wall locations proposed would inhibit these purposes. Retaining walls are neither drainage conveyances nor utilities and do not belong in a D&U Easement. The wall on Lot 9 is particularly problematic as maintenance of the wall would require encroachment onto Lot 10. The other three conditions we have concerns regarding are the following: We are being asked to move our entrance monument outside the drainage and utility easement. We have successfully placed entrance monuments within these easements throughout the Metropolitan Area. When they are carefully placed where they won't impede reasonable sight triangles these monuments cause neither transportation nor pedestrian safety problems. And, as long as coordination is done with the relevant utility companies, building, grading and landscape contractors, there is neither any interruption of utility lines nor any drainage problems with this placement. This condition will remain. The placement of the entrance monuments, as proposed, would be within a drainage and utility easement that is specifically dedicated for water and sanitary sewer pipe. When the City performs maintenance or replacement of these pipes, the monument would have to be moved at the expense and likely objection of the Homeowners Association. It is unacceptable to place an entrance monument within this drainage and utility easement, regardless of what the developer has done in other cities in the past. Additionally, the city does not permit monument signage within corner site triangles and would require any signage to be moved out of those site triangles. A. "Environmental Resources Condition: 2. All required plantings must be located on private property outside of public right of way..." Developer & Consultant Observation: Creating a new neighborhood provides an opportunity to introduce the trees that have the greatest visual impact on a city, its boulevard -street trees. Excluding street tree planting from a residential neighborhood's boulevards causes a loss of beauty, and future value gains, at the minor and marginal benefit of potentially, lower maintenance. We understand the value of some limitations on planting with regard to a main collector such as Lake Lucy Road. However, the accepted and typical, well vetted detail has street trees centered between the sidewalk and back of curb, or between the property line and back of curb. That is what our planting plan shows. In these times of tight municipal budgets, and the Emerald Ash Borer, the provision of street -boulevard trees, (conforming to city -approved tree species preferences), is a way to further beautify the city, while also improving the long term values, aesthetics and temperature moderations within new Chanhassen neighborhoods... without direct cost to the City. We, therefore, request that this condition #2 be deleted. The condition will remain. Trees planted on private property near the front property line will still provide a `boulevard tree' feel to the street but be less exposed to damage from snow plow or sweeping operations as well as out of sight line and utility conflicts. B. "Water Resources: Condition 3: "... achieve a new overall reduction of at least 90% of total suspended solids .... This includes manipulation of the NURP50 Particle Distribution". Developer & Consultant Observation: The effect of these changes, (and proposed "manipulations" of generally accepted stormwater software input parameters), would result in multiple stormwater management devices. These would likely result in decreased removal efficiency and increase city maintenance obligations and costs. There is no ordinance standard that requires this requested change. The manipulation of these parameters will not likely advance the total management goals, they simply add redesign costs. We, therefore, request that this condition #3 be deleted. The condition will be modified to read as shown below. "The stormwater management practices shall achieve a net overall reduction of at least 90% for total suspended solids and 60% for total phosphorous using industry accepted removal rates. This includes manipulation of the NURP50 Particle Distribution filtration efficiencies to match accepted literature values." The condition was misstated. The NURP particle distribution remains unchanged. What must change is the efficiency with which the particle removals will occur. The default removal efficiencies assume that 100% of the water is infiltrated to the water table. The proposed systems are designed to have a piped outlet (underdrain and/or surface flow) meaning there will be little to no infiltration. As such, the assumed removal efficiencies are incorrect and are incongruent with accepted literature values and overstate the removal of phosphorous and particulates from the runoff. Code requires that water quality standards of 90% TSS and 60% TP reduction are met. Section 19-144 reads as follows: (3) Newly constructed or modified detention basins shall provide storage volume below the outlet (dead storage) to allow for water quality treatment in accordance with the following, whichever is most restrictive: a. Water quality features meeting the MPCA NPDES construction permit for permanent stormwater management systems; b. Water quality treatment consistent with NURP criteria (90 percent removal of TSS and 60 percent removal of TP for a standard NURP particle size distribution) C. "Water Resources: 18: Efforts shall be made to raise the elevations of Lots 2 through 5 to assure positive flow towards the street and ultimately to the treatment devices. Developer & Consultant Observation: The grading design on the preliminary plat shows a graded pad that is larger than the actual home footprint. in any event, the grading design shows water being conveyed both to the street and, via side yards, to the rear yard and drainage swales. This is a common practice, and positive drainage will be provided. Building Requirement #4 on pg. 19, ensures that final grading plans for each lot and home will be in conformance before building permits are issued. The condition will remain. As presented, the high point is at the front of the building pads on the grading plan. As such, only the front yards will be directed towards the street. The remainder of the lots will discharge to the rear towards the area in question south of Lake Lucy Road. This is a development level issue and not a responsibility to be borne by the builder. In fact, it may be too late at that time to address drainage concerns. If the indicated pad size is the issue then I would suggest altering the pad size to accommodate the anticipated home. The watershed draining to the south must not only be limited to the greatest extent practicable but the assumed drainage areas must match what the proposed grading plan shows. CITY OF CHANHASSEN PROPOSED MOTION: PC DATE: May 17, 2016 C CC DATE: June 13, 2016 REVIEW DEADLINE: July 30, 2016 CASE #: 2016-09 BY: RG, TH, TJ, ML, JM, JS, SS "The Chanhassen Planning Commission recommends that City Council approve rezoning of the property from Rural Residential, RR, to Single -Family Residential, RSF and preliminary plat approval for 12 lots, one outlot and public right-of-way with variances for the use of flag lots, cul- de-sac bubble size and a local street centerline offset of less than 300 feet and a building setback variance from the cul-de-sac bubble for lot 11 subject to the conditions of approval and adopts the findings of fact and recommendation." SUMMARY OF REQUEST: Rezoning from Rural Residential District (RR) to Single -Family Residential District (RSF), and preliminary plat with variances for a 12 -lot single-family residential subdivision. LOCATION: 1600 and 1630 Lake Lucy Road APPLICANT: Yosemite Holding, LLC 4960 Sussex Place Shorewood, MN 55331 (952) 470 5121 tforbord@forbordusa.com OWNERS: Almond & Carolyn Krueger 1600 Lake Lucy Road Excelsior, MN 55331 PRESENT ZONING: Rural Residential, RR 2020 LAND USE PLAN: Residential Low Density Craig & Deanna Claybaugh 1630 Lake Lucy Road Excelsior, MN 55331 ACREAGE: 8.96 acres DENSITY: Gross: 1.33 units/ac.; Net: 1.88 units/ac. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has a relatively high level of discretion in approving Rezonings because the city is acting in its legislative or policy- making capacity. A rezoning must be consistent with the city's Comprehensive Plan. The city's discretion in approving or denying a Preliminary Plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the city must approve the preliminary plat. This is a quasi-judicial decision. The city'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. Notice of this public hearing has been mailed to all property owners within 500 feet. Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 2 of 24 PROPOSAL/SUMMARY The applicant is requesting rezoning and subdivision approval to create a 12 lot single-family detached housing residential neighborhood. The proposed variances are from the subdivision ordinance: for the use of a flag/neck lot and for less than 300 feet offset from street centerlines. APPLICABLE REGULATIONS Chapter 18, Subdivisions Chapter 19, Water, Sewers and Sewage Disposal Chapter 20, Article XII, "RSF" Single Family Residential District BACKGROUND The houses on the site were built in 1981 and 1961. Lake Lucy road was reconstructed as part of the 2005 Street reconstruction project. Site Constraints The high point on the property is in the northwest corner of the site with an elevation of 1032. The low point on the property is along the south property line at the culvert under Lake Lucy Road with an elevation of 994. The site contains two wetlands totaling 0.75 acres which are located in the north central and east central portions of the property. The site has a net canopy coverage of 65.5 percent. REZONING Alternatives The existing zoning of the property, Rural Residential, is not consistent with the land use designation of the property, Residential Low Density. The comprehensive plan allows less intensive land uses to remain in place. However, any approval by the city for development of the property must be consistent with the comprehensive plan. The following zoning districts would be consistent with a Residential Low Density land use: Single -Family Residential (RSF), Mixed Low Density Residential (R-4), Low and Medium Density Residential (RLM), and Planned Unit Development — Residential (PUD -R). The RSF district is the most appropriate zoning district to rezone this property since it is the same zoning as the surrounding residential properties and permits only single-family homes. While the R-4 district permits single-family homes, it also permits twin homes which would be inconsistent with the surrounding development. The RLM district permits single-family homes, as well as twin homes, townhouses and attached housing. But the RLM district also requires that large areas of upland be preserved or created as permanent open space to balance the higher hard surface coverage permitted on the individual lots. Finally, the PUD -R district can be created for a single-family subdivision, Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 3 of 24 but the PUD -R is intended to provide a reasonable and verifiable exchange or benefit to the community that is normally not accommodated through other zoning districts, e.g., enhanced environmental protection, affordable housing and enhanced quality of development. Staff is recommending the rezoning to RSF be approved. Comprehensive Plan Consistency The RSF zoning district is consistent with the Residential Low Density land use designation. The proposed rezoning assists in the furtherance of the following land use goals of the City of Chanhassen Comprehensive Plan: • Development will be encouraged within the MUSA line. • The plan should seek to establish sufficient land to provide a full range of housing opportunities. • Development should be phased in accordance with the ability of the city to provide services. The proposed rezoning assists in the furtherance of the following housing goals of the City of Chanhassen Comprehensive Plan: • A balanced housing supply with housing available for people of all income levels. • A variety of housing types for people in all stages of the life -cycle. SUBDIVISION REVIEW The applicant is proposing a 12 lot single-family detached housing subdivision and two outlots served via public streets with a variance for the use of flag lots for lots 5, 8 and 9 and a variance for less than 300 feet offset from street centerlines. Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 4 of 24 PRELIMINARY PLAT SITE CONSTRAINTS Wetland Protection The City of Chanhassen Wetland Inventory and the Minnehaha Creek Watershed Wetland Inventory both indicate the presence of two wetlands on the subject property. Sambatek reviewed and delineated the site in October of 2015. Staff reviewed and approved the delineation that same fall. The notice of decision was mailed on November 17, 2015. The applicant provided MNRAM and determined the northerly wetland to be manage classification 2 and the easterly wetland to be manage classification 1 requiring a 20 foot and 25 -foot buffer respectively. Both wetlands require a 30 setback from the buffer for the principal structure. The plans show the appropriate buffers and setback. It is the City's practice to have wetlands and buffers placed into outlots to implement the no net loss goal. The city requires that all runoff is treated prior to discharge into a wetland. Treatment practices are being proposed for much of the drainage being directed to the wetlands. It is proposed that lots 8, 9 and 10 as well as the backs of lots 11 and 12 be treated via the wetland buffer. In those cases, where no other treatment opportunities are available filter strips may be utilized. Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 5 of 24 The upland area between the two wetlands will need to be graded to allow for the bounce from the northern wetland to spill over into the eastern wetland. Work will also be required adjacent to the wetland area to install the outlet pipe under Yosemite. The SWPPP must address the potential for wetland impact and how impacts will be avoided. No materials or staging can occur within the wetland area. Any disturbed area within the buffers must be revegetated with native vegetation and a vegetation establishment plan must be provided. Bluff Protection There are no bluffs on the property. Shoreland Management The property lies approximately 225 feet beyond the shoreland overlay district for Lake Lucy. As such it will not be subject to shoreland requirements for land development. Floodplain Overlay This property does not lie with a floodplain. GRADING, DRAINAGE & EROSION CONTROL Site Grading: Drainage Under existing conditions, the site is divided into two major drainage area. A line that extends approximately from the southeast property corner to 150 feet south of the northwest corner divides the drainage areas. Everything north and east of that divide drains to one of two wetlands and is ultimately directed to the east through a new culvert to be installed under Yosemite. Southern Drainage Area Everything south and west of this divide drains to the south towards Lake Lucy. The drainage leaves the site via a culvert that goes under Lake Lucy Road and discharges onto private property to the south. The drainage then either goes through a twelve inch (12") corrugated metal pipe culvert under the private driveway which leads to the island on Lake Lucy or portion of the drainage travels past the culvert and follows an incised ditch along the drive to a wetland located on private property. A second twelve -inch (12") CMP culvert goes under the same drive at this location and appears to equilibrate the wetland with another wetland on the other side of the drive. It appears the drive at this Figure 1. Southern drainage route to Lake Lucy. Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 6 of 24 location is the low spot for the area and is prone to overtopping. Regardless of which path the drainage takes relative to the driveway; it all ends up in a third wetland with no constructed outlet although it appears that it does drain overland to Lake Lucy if it bounces approximately five (5) feet. None of this conveyance is under city easement nor does it appear designed to city standards. Staff has received email and voice correspondence from owners of four of the properties to the south that already receive runoff from the subject property. They all expressed great concern over directing additional runoff to the south. Staff agrees that the lack of easement and infrastructure makes it untenable to send any additional runoff to the south. These property owners should not bear responsibility for the stormwater management of the subject property. The development of this site must not direct any additional volume of runoff to the south. Further, rates must not be increased over existing rates for any scenario. The applicant must demonstrate to staff's satisfaction that this condition is met. The current plan iteration does reduce the drainage area but still directs the majority of lots 1 through 7 to the south. This area is currently wooded with two houses and a small lawn area. Under proposed conditions, the area will be mass graded and will be dominated by shallow rooted Kentucky bluegrass and roof. It appears rates can be addressed with the proposed southern management practice but volumes are still suspect. The high points of lots 1 through 4 are at the front of the building. The high point of lot 5 is at the north east corner of the building envelope. This means that in these lots, everything from the front of the building envelope to the back yards drains to the south. In an effort to direct more of the roof drainage north and away from the affected properties to the south, the applicant is proposing to employ down spouts to aide in this conveyance. This was discussed with staff at a meeting as a possible solution. Figure 2. Drainage boundaries for lots 1 through 5 based upon proposed grading which indicates the majority of the area still will drain south. Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 7 of 24 While this could work in principal, the practice of this will be difficult implement, inspect and compel compliance. In addition to enforcing compliance, it may be problematic depending upon the house design. Property owners may also look at the drainage feature in the backyard and feel that it is a more appropriate area to direct their roof runoff. All of this leads staff to conclude that it is highly unlikely that more water is not being directed south than is claimed. In addition, staff does not agree with the assumptions used to determine the composite curve numbers. It is intuitive that a site, after mass grading, will be more compacted than under current conditions. Mass graded sites intentionally compact soils to increase strength for paved areas and building pads. This increase in compaction leads to an increase in bulk density and a decrease in soil porosity. This translates into an increase in the volume of water running off the site. The submittal assumed that bulk densities would remain the same after completion of mass grading as they are under the current conditions. Without a soil management plan indicating how bulk density will be reduced after completion of grading, staff feels this assumption to be erroneous and the composite curve number post development will be significantly higher than under existing conditions. The area should be modeled assuming soils in the C hydrologic group under existing conditions (which matches the published soil survey) and in the D hydrologic group post development. Staff recalculated runoff using assumptions based upon the above discussion and concluded that while it is likely that under the 100 year return frequency events runoff volumes will decrease to the south, volumes will increase under the 10 year return frequency event. The 2 year return frequency event remains has a slight but negligible increase in volumes over existing conditions. The applicant shall revise the plans to assure that there is no increase in runoff rates or volumes to the south. Table 1. Composite Curve Number (CN) Calculation for Existing Conditions. LAND COVER AREA (Acres) CN SUM Impervious Area 0.14 98 13.72 Woods (Good condition w/ C soils) 2.54 70 177.8 Open Space (Good w/ C soils) 1.02 74 75.48 1 COMPOSITE CURVE NUMBER 3.70 72 Table 2. Composite Curve Number (CN) Calculations for Proposed Conditions and Assumed Additional Drainage Area. LAND COVER AREA (Acres) Impervious Area 0.75 Open Space (Good w/ D soils) 1.78 COMPOSITE CURVE NUMBER 2.53 Table 3. Runoff Volume by Storm Event Pre- and Post-Developmeni. EXISTING RUNOFF CN = 72 2 YEAR I 0.231 AF 10 YEAR 0.518 AF 100 YEAR 1.286 AF CN SUM 98 73.5 88 142.4 85 PROPOSED RUNOFF 0.232 AF 0.576 AF 1.189 AF Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 8 of 24 As an alternative, the applicant could demonstrate that bulk densities are no greater than existing conditions by providing penetrometer data for current conditions and post development and comparing them to some reference such as the NRCS Soil Quality Institute's 1999 findings. If the bulk densities are found to be elevated post -development the developer would be responsible for correcting the soils. Cul-de-sac Drainage A low spot exists at the 3 o'clock position on the proposed cul-de-sac. It is staff's preference that this low spot be removed and that positive drainage take place toward the east. The applicant's engineer feels this is not practicable and instead proposed to install a sump manhole at this location to discharge water to the wetland buffer. Drainage of Lots 6-10 In an effort to force look outs onto these lots, several issues are created, including drainage issues. Both lot 7 and lot 8 have drainage shed directly at the structures. This is an unacceptable condition. Because of the swales necessary for conveying water out of the backyards, nearly the entire backyard of lots 6 and 9 will need to be under a drainage and utility easement. This will preclude almost any landscaping as that would have a strong likelihood of creating impoundment conditions on the upstream properties. If these lots were made into full basement units it is possible that less water would be directed south, that greater treatment could be achieved and the likely drainage issues could be avoided. Outlot Drainage The proposed biolfiltration feature has a 100 -year high water elevation of 1008.11. It appears that this will bounce into lot 12. Given the nature of this facility, frozen conditions and sediment deposition will decrease the available pore space and can result in increased flood elevations. No emergency overflow has been provided and the plan view does not show the vertical or horizontal placement of the underdrain. The applicant will need to create an overflow between the northern wetland and the southeastern wetland. This must be stabilized and a vegetation restoration plan must be developed. The plans shall indicate that no wetland impacts, including but not limited to the placement of soils and the operation of equipment within the wetland can occur. In addition to the above discussion the following observations were also made pertaining to the grading and drainage plan: Based on the building pads shown, the hardcover area generating stormwater runoff on Lots 1-4 and 6-10 exceed the 25% maximum without taking the driveways into account. Many greatly exceed 25% and go as high as 37% hardcover. The applicant shall include a chart with the maximum hardcover allowed on each lot. The lots shall be graded to drain away from proposed building locations. Spot elevations shall be shown on the plans to verify that water will drain away from buildings at the following locations: Lot 6 backyard, Lot 7 backyard, the east side of Lot 1, the highpoint of the side yard of Lot 10. Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 9 of 24 Lots 3, 4 and 5 on the southern half of the property show little level back yard area. This may be problematic for future owners of these lots as there is often an expectation to have a level backyard area for recreational use. In the proposed plan, Lots 6-9 have been artificially created as walkouts through construction of three retaining walls 5-9 feet tall and routing stormwater through the center of their backyard at a shallow slope. This will likely be problematic for future owners of these lots as there is often an expectation to have a level, dry backyard area for recreational use. The drainage area shall be covered with a drainage and utility easement which shall preclude the residents from landscaping or construction of sheds or pools in a large portion of their yard. Staff recommends lots 6-9 be a full -basement, rambler -style home, as this would fit better with the grading on surrounding properties and allow the applicant to create more effective drainage for these lots, rather than excavating down and constructing retaining walls to force a walk -out style home onto the lot. The drainage path on the sideyard of Lot 10 is narrow between the building pad and the retaining wall on Lot 9. The applicant shall move the retaining wall out of the perimeter drainage and utility easement so the easement area can function as the drainage way. The grading plan shall be revised to show a spot elevation at the centerline of the driveway where it meets Street A. Draintile is required for all lots where stormwater runoff will flow from the back to the front of the property. Draintile shall be shown on the plans for Lots 6, 7, 8, and 9. The southern basin shows an Emergency Overflow (EOF) onto Lake Lucy Road, a collector roadway. To minimize additional stormwater runoff created by long driveways required for the "flag" or "neck" lot variance, the applicant's plans show proposed 10 -foot driveways for the length of the "neck". The applicant shall identify the discharge point of the culvert shown on the existing topography near the existing driveway of 1600 Lake Lucy Road. If it is a driveway culvert, the applicant shall have it removed or bulkhead and abandoned. Erosion Prevention and Sediment Control The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). The applicant shall prepare a Surface Water Pollution Prevention Plan (SWPPP) and submit to the city for approval prior to final plat review and approval. The SWPPP is a required submittal element for preliminary plat review. No earth disturbing activities may occur until an approved SWPPP is developed. This SWPPP shall be a standalone document consistent with the NPDES Construction Permit and shall contain all required elements as listed in Parts III and IV of the permit. The city has a checklist which they will make available to the consulting engineer. Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 10 of 24 Retaining Walls The applicant has proposed four retaining walls as part of this subdivision. The retaining wall on the western property line of Lot 8 is approximately 55 feet long and 5 feet tall. The wall is approximately 30 feet from the building pad, and the backyard of Lot 8 is below the wall. The north retaining wall on Lot 9 is approximately 110 feet long and 7 feet tall. This wall is approximately 14 feet from the side of the Lot 9 building pad with a drainage swale between the pad the and wall. The sideyard of Lot 9 is below the retaining wall. Staff recommends this wall be eliminated or reduced in size by changing the home style of Lots 8 and 9 to ramblers. (See the grading section for more information about this recommendation.) The retaining wall on the eastern property line of Lot 9 is approximately 80 feet long and 5 feet tall. The building pad of Lot 10 is 12 feet east of the wall and sits below the wall. Top and bottom wall elevations shall be shown for this retaining wall. This wall shall be relocated outside the drainage and utility easement. The retaining wall at the corner of Lots 5 and 6 is approximately 125 feet long and 9 feet tall. The sideyard of Lot 5 and the backyard of Lot 6 are below this wall. This wall crosses the lot line and thus is on both Lot 5 and 6. Any wall that crosses lot lines shall be owned and maintained by a Homeowners Association (HOA). The development plans shall call out the material of the retaining wall. The following materials are prohibited for retaining wall construction: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. Boulder walls shall not be taller than six feet. STORMWATER MANAGEMENT Article VII, Chapter 19 of City Code describes the required storm water management development standards. Section 19-141 states that "these development standards shall be reflected in plans prepared by developers and/or project proposers in the design and layout of site plans, subdivisions and water management features." These standards include abstraction of runoff and water quality treatment resulting in the removal of 90% total suspended solids (TSS) and 60% total phosphorous (TP). The applicant is proposing the construction of two (2) biofiltration features to treat runoff from a portion of the subject property. The plan, as submitted, does not provide any structural BMPs as stormwater practices to treat the runoff from lots 8 through 10. Instead, the plan will employ a backyard swale and the wetland buffer as a water quality treatment features. The modeled design removal efficiencies for all storm water management practices were considerably greater than the values recognized by the Minnesota Stormwater Manual and other industry standards. In reviewing the input settings for the P8 model, it was observed that the model was left in its default mode which assumes that there is complete infiltration to the water table. That is to say that none of the water leaves the site. This is clearly not the case for these Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 11 of 24 features and, as such, the NURP50 Particle Distribution should be adjusted to more accurately reflect the site conditions and literature values. The applicant must achieve the 90% TSS and 60% TP removal using removal efficiencies recognized as industry standards or otherwise justifiable. On April 27, 2016 staff had a conference call with the consulting engineers for the applicant. They would enhance the functionality of the filtration basins through the incorporation of iron filings, pretreatment devices or some combination thereof. It is proposed that the south filtration basin will be drained through an outlet structure to be constructed which will replace the existing corrugated metal pipe culvert. The water is then picked up by a series of ditches and corrugated metal pipe culverts all under private ownership before discharging into an apparently landlocked basin at 1571 Lake Lucy Road. There is no easement over this basin or the aforementioned conveyance. Staff is concerned that any increase in water volume may have the unintended consequence of creating additional scour conditions and increasing the size of this wetland. Staff is also concerned about performance and maintenance of the conveyance system that is not under City control and has not been modeled hydraulically or hydrologically. These concerns have been discussed with the applicants consulting engineer. They have provided calculations suggesting that they are not increasing rates or volumes to this area. However, as was discussed in the section on drainage, staff is not convinced this is the case. Staff is concerned about the long term viability of the southern biofiltration basin given the location on private property. The applicant will need to prepare an operations and maintenance manual for the features including inspection schedule. The applicant will need to form a Home Owners' Association to assume ownership and responsibility for the maintenance of any landscaping the HOA may wish to have. The city will assume responsibility for the underdrains, refreshing the iron filings and any piped storm sewer conveyance into or out of this feature. The development contract shall reflect this and a drainage and utility easement shall be recorded over the feature and any conveyances. The eastern biofiltration basin will be within an outlot dedicated to the city. The city will assume ownership of this basin upon satisfaction that it has been built to design specifications. Storm Water Utility Connection Charges Section 4-30 of code sets out the fees associated with surface water management. A water quality and water quantity fee are collected with a subdivision. These fees are based on land use type and are intended to reflect the fact that more intense the development type, the greater the degradation of surface water. These fees can be credited up to 50% if the design has a reasonable expectation of achieving abstraction of the first 1.1 inches of runoff from all proposed hardcover on the site. As this development will not be employing any infiltration or re -use practices, no credit will be applied. The wetland and buffer and upland area put into the outlot will be removed from the assessed property. This area is 1.60 acres so the net assessable land area is 7.36 acres. Based upon the area and land use type, the Storm Water Utility Connection Charge is estimated to be $8,000/acre x 7.36 acres = $58,880. Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 12 of 24 RIGHT-OF-WAY, STREETS AND EASEMENTS The survey included all easements and right of way shown on the title search of the property dated November 20, 2015 from Stewart Title Guarantee Company. The applicant shall have their survey confirm this with a recent title survey before final plat. The applicant proposes a 60 -foot right-of-way over Street A and 60 -foot right-of-way radius over the cul-de-sac bubble. The plat maintains the existing, 66 -foot right-of-way easements for Lake Lucy Road and Yosemite Avenue. Easements over drainage swales, basins and storm water pipes shall be called out as "Drainage and Utility" easements. Retaining walls and an entry monument are proposed within City easements. These elements shall be relocated outside of the standard perimeter drainage and utility easement boundaries. The retaining wall on Lots 5 and 6 requires an encroachment agreement. The preliminary plat shows a signage easement on Lot 1. This shall be a paper easement between Lot 1 and the development's HOA. Per §18-78, staff and the applicant examined providing future access for adjacent properties to the west, 1650 and 1670 Lake Lucy Road. However, it is uncertain how these properties would develop in the future and what type of legal encumbrance Lot 5 would require. Staff recommends 1650 and 1670 have access off of Lake Lucy Road when they develop in the future. STREETS, DRIVEWAYS & SIDEWALK The applicant proposes construction of a public street, Street A. The applicant shall name this street with coordination with the Fire Marshall prior to submittal for final plat review. Street A is proposed to City standards at 31 feet wide and using the Chanhassen Standard Detail typical section. The applicant shall include the horizontal alignment tabulation for Street A in the plans. Access to the subdivision from Street A is located south of the southeastern wetland. This location was chosen after examining three locations: off of Lake Lucy Road, Yosemite Avenue north of the wetland, and Yosemite Avenue south of the wetland. The Lake Lucy Road intersection alternative was eliminated because of sight -distance concerns around the curve on Lake Lucy Road and the desire for access control on Lake Lucy Road, a Major Collector roadway. The Yosemite Avenue access north of the wetland was eliminated due to environmental concerns from running a roadway between the two wetlands across their EOF point and future maintenance concerns due to a long road extension that is surround by wetland instead of servicing properties. The applicant is applying for a variance to the requirement of 300 -foot spacing between local roads per § 18-57. The access location on Yosemite, south of the wetland reviewed using engineering discretion and the guidelines set forth in the 2030 Comprehensive, the proposed intersection offset seems reasonable as the proposed 12 lot subdivision would generate less Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 13 of 24 traffic than a multiple commercial driveway. The applicant's engineer completed a queuing analysis to confirm that traffic queuing to make a left turn into the proposed development would not affect the function of the Lake Lucy Road & Yosemite Avenue intersection. The developer shall show construction limits for utility work below Yosemite Ave and submit a staging and restoration plan with their final plat submittal. A street light shall be installed at the intersection of Street A and Yosemite Avenue. Driveways shall be shown on the plan in the final plat submittal. Driveways shall be designed to meet all standards in City Code §20-1122. To minimize additional stormwater runoff created by long driveways required for the "flag" or "neck" lot variance, the applicant's plan propose 10 - foot driveways for the length of the "neck". The sidewalk does not continue north of Street A, therefore the pedestrian ramp at the intersection of Street A and Yosemite Avenue is not required. The pedestrian ramp on the northwest corner of the intersection of Lake Lucy Road and Yosemite Avenue shall be replaced per City of Chanhassen Standard Detail Plates. UTILITIES Sanitary Sewer The applicant proposes an 8" PVC sanitary sewer main to be owned and maintained by the City, due to the elevation of the adjacent sanitary sewer system on the east side of Yosemite, sanitary sewer for this subdivision does not meet the minimum depth required without insulation. The sanitary sewer pipe shall be insulated wherever it is less than 6 feet deep. The sanitary services may also need insulation. The proposed shallow elevation of the sanitary sewer also necessitates Lot 1-4, 11, 12 to use a private, in-home grinder system to pump waste to the public sanitary main which is a gravity flow system. The portion of the grinder pump services that lies within the right-of-way shall be gravity -flowing. Staff recommends the applicant examine at moving the sanitary service on Lot 12 further east to make a gravity service functional. Per § 18-78, the applicant proposes to install sanitary sewer main to the western property boundary to provide future extension to the adjacent properties: 1650 and 1670 Lake Lucy Road. It is unlikely they would be able to connect a gravity system to the sanitary main extension and would likely require private grinder pump systems. The retaining wall would need to be removed at the time of connection to the adjacent properties at the connecting party's expense. The sanitary sewer/water main crossing on Lot 1 may be in conflict. The applicant's engineer shall verify this when the utility profiles are drafted. SMH 5 shall be moved to be centered between the building pads for Lots 5 and 6. The sanitary services within the cul-de-sac bubble shall be revised to eliminate bends and cleanouts within the right-of-way. Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 14 of 24 The utility plan sheet shall be revised to call out the City of Chanhassen as the local authority in Note 13. Water main The applicant proposes an 8" water main system. The plans shall call out C900 material for the water main pipe. The sanitary sewer/water main crossing on Lot 1 may be in conflict. The applicant's engineer shall verify this when the utility profiles are drafted. Two additional hydrants shall be installed, one at the intersection of Street A and Yosemite Avenue and one at Station 3+00 of Street A. ASSESSMENTS Water and sewer partial hook-ups are due at the time of final plat. The partial hook-up fees will be assessed at the rate in effect at that time. LANDSCAPING AND TREE PRESERVATION 71, 9 I! Y f WET tA\fr O OT 1 1 6 C; - Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 15 of 24 The following calculations were based on plans dated 4/1/16. Since that time, revisions to the grading plans have been made and not reflected in the tree preservation plans. The applicant must submit a revised tree preservation and landscaping plan before final approval. The applicant for the Lake Lucy Road property development has submitted tree canopy coverage and preservation calculations. They are as follows: Total upland area (excluding wetlands) 7.3 ac. or 318,928 SF Baseline canopy coverage 65% or 208,807 SF Minimum canopy coverage required 46% or 146,706 SF Proposed tree preservation 14% or 45,692 SF. The developer does not meet minimum canopy coverage for the site; therefore, the applicant must bring the canopy coverage on site up to the 46% minimum. The difference between the required coverage and the remaining coverage is multiplied by 1.2 for total area to be replaced. One tree is valued at 1,089 SF. Minimum canopy coverage to be replaced 121,216 SF Total number of trees to be planted 111 trees The applicant has proposed a total of 66 trees, located in the front yard of each lot and in the bufferyards. Ordinance requires that at least 75% of the required trees be overstory species. The applicant has proposed 50 overstory trees. To meet minimum requirements at least 83 trees shall be overstory and the remainder can be understory species. The applicant is required to provide bufferyard plantings along Lake Lucy Road. Bufferyard requirements are as shown in the table: Landscaping Item Required Proposed Bufferyard B — South 10 overstory trees 7 overstory trees property line, Lake Lucy 21 understory trees 30 understory trees Rd., 540', 15' width 32 shrubs 37 shrubs Applicant does not meet bufferyard landscaping requirements for overstory trees. The applicant shall meet minimum requirements for bufferyard plantings. PARKS & RECREATION The site is adjacent to Pheasant Hill Park on its western border. This adjoining neighborhood park is 10.87 acres in size and was acquired by the city in 1990. COMPREHENSIVE PLAN — PARKS AND OPEN SPACE The quality and number of recreational facilities in a community directly contributes to its quality of life. For this reason, the City of Chanhassen places a strong emphasis on parks and open space. As the City of Chanhassen has developed and increased in population, more pressure and attention has Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 16 of 24 been given to providing recreational opportunities for our residents. Increased leisure time, health awareness, greater mobility, and high disposable incomes have all contributed to the increased demand for recreational activities. The challenge of the next century will be to provide facilities for a growing and diverse population. Parks can be defined as public areas that provide active or passive -oriented recreational facilities. A significant characteristic of parkland is its accessibility to its users. Open space is any parcel that is not used for buildings or other structures and is left in a natural state. Parks and open space perform diverse functions such as meeting physical and psychological needs, enhancing and protecting the resource base, enhancing real estate values, and providing a positive impact on economic development. COMPREHENSIVE PARK PLAN The city's comprehensive park plan calls for a neighborhood park to be located within one-half mile of every residence in the city. Pheasant Hill Neighborhood Park is located immediately to the west of the proposed subdivision. Pheasant Hill Park, at almost 11 acres in size, offers both passive and active _ _ _ 1 t -i^ l 1� recreation space in addition to extensive natural open spaces. The park features a children's playground, half -court basketball, open play field, picnic shelter, and neighborhood trail connections. Area residents will gain access from Street "A" to Pheasant Hill Park from a developer installed 8- foot wide pedestrian trail that will be maintained by the city and open throughout the year. Pheasant Hills Park Master Plan City of Chanhassen. Minnesota told e k A. ION aue+ 0 Additional acquisition of public open space through the application of park dedication requirements is not recommended as a condition of the subdivision. COMPREHENSIVE TRAIL PLAN Residents purchasing homes within the new subdivision will have convenient access to the Lake Lucy Road pedestrian trail via a developer installed public sidewalk to be located on the eastern border of Lot 1. Construction of additional sections of the city's comprehensive trail plan is not recommended as a condition of the subdivision. Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 17 of 24 MISCELLANEOUS Applicant must submit proposed street name to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. Two addition fire hydrants will be required: one at the south/west corner of Yosemite and Street "A" and the second one on the south side of street "A" by Sta.3+00. A three-foot clear space shall be maintained around fire hydrants. Street sign(s) (temporary allowed) shall be installed prior to building permits being issued. Fire Marshal must approve signage. Prior to combustible home construction fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. An additional address number will be required for lot #9. Its location shall be at the entrance of the private driveway. Sign location and size must be approved by the Fire Marshal. Prior to combustible construction fire hydrants shall be made serviceable. No burning permits will be issued for tree/ brush removal. The applicant must provide a 1:200 "clean" plat drawing. Demolition permits required for the removal of any existing structures. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. Retaining walls over four feet high require a permit and must be designed by a professional engineer. Each lot must be provided with separate sewer and water services. The applicant and or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. COMPLIANCE TABLE Outlot 1 1 78,893 Notes Street frontage on three sides Flag lot, area of neck excluded. Front lot line is north prop. line Flag lot, front lot line east Flag lot, front lot line east Wetland to east Wetland to north Wetlands north and east Manage 1 & 2 Wetland, Bio filter, 1.81 ac. ROW 80,316 1.844 ac. Total 390,563 8.96 acres @ 30 feet width for flag lots Setbacks: 30 feet front and rear; 10 feet side; 30 feet wetland buffer Area (sq. Width Depth Hard Cover ft.) (ft.) (ft.) % / sq. ft. Code 15,000 90 125 25/3,750 Lot 1 20,678 132 148 5,169 Lot 2 16,063 92 177 4,015 Lot 3 18,538 90 206 4,634 Lot 4 24,712 95 235 6,178 Lot 5 I 25,795 30@ 218 6,449 Lot 6 18,254 90 176 4,563 Lot 7 15,465 90 172 3,866 Lot 8 15,146 60@ 153 3,786 Lot 9 16,034 37 155 4,008 Lot 10 19,054 99 188 4,763 Lot 11 19,002 161 209 4,750 Lot 12 17,794 101 195 4,448 Outlot 1 1 78,893 Notes Street frontage on three sides Flag lot, area of neck excluded. Front lot line is north prop. line Flag lot, front lot line east Flag lot, front lot line east Wetland to east Wetland to north Wetlands north and east Manage 1 & 2 Wetland, Bio filter, 1.81 ac. ROW 80,316 1.844 ac. Total 390,563 8.96 acres @ 30 feet width for flag lots Setbacks: 30 feet front and rear; 10 feet side; 30 feet wetland buffer Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 18 of 24 VARIANCE The development will require a variance to the code. The applicant's variance request is for the use of flag lots and a local street centerline offset of less than 300 feet. Flag lots may be permitted in residential districts with a density of less than four units per acre, if the criteria in variance Section 18-22 are met and upon consideration of the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public/private street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. A separate street to access individual lots would add significantly to site hard cover and would not increase accessibility. (2) After reviewing the surrounding area, it is concluded that an extension of the public or a private street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. Public street extension is not necessary to access properties to either the north or west. (3) The use of a flag lot will permit enhanced protection of the city's natural resources, including wetlands and protected areas. As an enhancement for environmental protection, the applicant shall include the northeast portion of proposed Lot 12 in one outlot to encompass both the wetlands and the tree preservation area. It should be noted that the Shadow Ridge development, approximately 350 feet east of this development, was developed with the use of flag lots in a very similar configuration to the proposed development: a cul-de-sac street with one curve and a wetland off one side of the cul- de-sac bubble. Section 18-57 requires that local street centerline offset of 300 feet. The local street centerline offset of less than 300 feet is due to the location of the wetland on the east side of the development that would not permit the street to be moved father to the north. Staff and the applicant looked at locating the street between the two wetlands, however that alignment had potentially detrimental impacts to the wetlands and resulted in additional site development concerns. Staff is also supporting a variance from the cul-de-sac bubble for Lot 11 to permit the house to encroach within 20 feet of the cul-de-sac right-of-way. The 30 feet setback still applies from the right-of-way not included in the cul-de-sac bubble which projects 50 feet into the lot due to the bubble off -set. This variance in conjunction with the cul-de-sac bubble reduction permits the development to incorporate storm water improvements to the east of lot 12. Additionally, the applicant is requesting that the city designate the east lot line of lot 9 as the front lot line. City code states "The front yard shall be the lot line nearest the public right-of-way that provides access to the parcel". However, this configuration would require that they create a lot layout and house orientation that would not be in keeping with the house placement on lots 6 through 8 and would create a long and thin, 40 wide, building pad. The city may as part of the variance request designate appropriate house pad configurations. Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 19 of 24 RECOMMENDATION Staff recommends that the Planning Commission approve the rezoning and preliminary plat with variances for the use of flag lots, cul-de-sac bubble size and a local street centerline offset of less than 300 feet and a building setback variance from the cul-de-sac bubble for lot 11, plans prepared by Stantec, dated 5/6/2016, subject to the following conditions and adoption of the findings of fact and recommendation: Buildin : 1. Provide a 1:200 "clean" plat drawing. 2. Demolition permits required for the removal of any existing structures. 3. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 5. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 6. Each lot must be provided with separate sewer and water services. 7. The applicant and or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. Engineering: 1. The applicant shall include a chart with the maximum hardcover allowed on each lot. 2. The lots shall be graded to drain away from proposed building locations. 3. Spot elevations shall be shown on the plans to verify that water will drain away from buildings at the following locations: Lot 6 backyard, Lot 7 backyard, the east side of Lot 1, the highpoint of the side yard of Lot 10. 4. The applicant shall revise lots 6-9 be a full -basement, rambler -style home. 5. The grading plan shall be revised to show a spot elevation at the centerline of each driveway where it meets Street A. 6. Draintile is required for all lots where stormwater runoff will flow from the back to the front of the property. Draintile shall be shown on the plans for Lots 6, 7, 8, and 9. Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 20 of 24 7. The applicant shall identify the discharge point of the culvert shown on the existing topography near the existing driveway of 1600 Lake Lucy Road. If it is a driveway culvert, the applicant shall have it removed or bulkhead and abandoned. 8. The plans shall identify the areas intended for stockpiling materials on site during construction. 9. Top and bottom wall elevations shall be shown for the retaining wall on the eastern property line of Lot 9. 10. Any retaining wall that crosses lot lines shall be owned and maintained by a Homeowners Association (HOA). 11. The development plans shall call out the material of the retaining wall. The following materials are prohibited for retaining wall construction: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. 12. Boulder walls shall not be taller than six feet. 13. The applicant shall have their surveyor confirm all easements and right of way shown with a recent title survey before final plat. 14. Easements over drainage swales, basins and storm water pipes shall be called out as "Drainage and Utility" easements. 15. Retaining walls and an entry monument are proposed within City easements. These elements shall be relocated outside of the standard perimeter drainage and utility easement boundaries, expecting the retaining wall on Lots 5 and 6. 16. The retaining wall on Lots 5 and 6 requires an encroachment agreement. 17. The preliminary plat shows a signage easement on Lot 1. This shall be a paper easement between Lot 1 and the development's HOA. 18. The applicant shall name Street A with coordination with the Fire Marshall prior to submittal for final plat review. 19. The applicant shall include the horizontal alignment tabulation for Street A in the plans. 20. The developer shall show construction limits for utility work below Yosemite Ave and submit a staging and restoration plan with their final plat submittal. 21. A street light shall be installed at the intersection of Street A and Yosemite Avenue. 22. Driveways shall be shown on the plan in the final plat submittal. 23. Driveways shall be designed to meet all standards in City Code §20-1122. Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 21 of 24 24. The sidewalk does not continue north of Street A, therefore the pedestrian ramp shall not be constructed at the intersection of Street A and Yosemite Avenue. 25. The pedestrian ramp on the northwest corner of the intersection of Lake Lucy Road and Yosemite Avenue shall be replaced per City of Chanhassen Standard Detail Plates. 26. The sanitary sewer pipe shall be insulated wherever it is less than 6 feet deep. T 27. The portion of the sanitary services that lies within the right-of-way shall be gravity -flowing. 28. The sanitary sewer/water main crossing on Lot 1 may be in conflict. The applicant's engineer shall verify this when the utility profiles are drafted. 29. SMH 5 shall be moved to be centered between the building pads for Lots 5 and 6. 30. The sanitary services within the cul-de-sac bubble shall be revised to eliminate bends and cleanouts within the right-of-way. 31. The utility plan sheet shall be revised to call out the City of Chanhassen as the local authority in Note 13. 32. The plans shall call out C900 material for the water main pipe. 33. The sanitary sewer/water main crossing on Lot 1 may be in conflict. The applicant's engineer shall verify this when the utility profiles are drafted. 34. Two additional hydrants shall be installed, one at the intersection of Street A and Yosemite Avenue and one at Station 3+00 of Street A. 35. Water and sewer partial hook-ups are due at the time of final plat. The partial hook-up fees will be assessed at the rate in effect at that time. Environmental Resources: 1. A revised tree preservation plan and calculations must be submitted to the city prior to final approval. 2. All required plantings must be located on private property outside of public right-of-way. The landscape plan shall be changed to reflect this requirement. 3. Ash trees shall be removed within the proposed tree preservation area. Removals shall be directed by the city. 4. A revised landscape plan with a detailed plant schedule listing quantities for each individual species shall be submitted to the city before final approval. Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 22 of 24 5. The proposed tree preservation area in the northeast comer of the development shall be incorporated into outlot including wetlands. Fire: 1. Proposed street name will be submitted by the applicant to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. 2. Two addition fire hydrants will be required: one at the south/west corner of Yosemite and Street "A" and the second one on the south side of street "A" by Sta.3+00. 3. A three-foot clear space shall be maintained around fire hydrants. 4. Street sign(s) (temporary allowed) shall be installed prior to building permits being issued. Fire Marshal must approve signage. 5. Prior to combustible home construction fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 6. An addition address number will be required for lot #9. Its location shall be at the entrance of the private driveway. Sign location and size must be approved by the Fire Marshal. 7. Prior to combustible construction fire hydrants shall be made serviceable. 8. No burning permits will be issued for tree/ brush removal. Parks: 1. Full park dedication fees for 10 lots shall be collected per city ordinance in lieu of requiring parkland dedication. 2. Dedication of a 20 -foot wide trail and a utility and drainage easement between lot 7 and lot 8. 3. Planning, engineering, and construction per city standards of an 8 -foot wide bituminous trail within this easement connecting public Street "A" and Pheasant Hill Park. 4. Relocation of the public sidewalk to the south side of Street "A". Planning: 1. The front lot lines for lots 5 shall be the north property line, for lots 8 and 9 the east lot lines. 2. The entry monument may not be located within the right-of-way and must be located outside of the sight triangle. A sign easement shall be dedicated where the monument sign will be located. Water Resources: 1. Runoff rates and volumes cannot be increased to the south. Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 23 of 24 2. Curve numbers and drainage areas shall accurately reflect pre and post -construction conditions. 3. The stormwater management practices shall achieve a new overall reduction of at least 90% for total suspended solids and 60% for total phosphorous using industry accepted removal rates. This includes manipulation of the NURP50 Particle Distribution filtration efficiencies to match accepted literature values. 4. The sump manhole and SAFL Baffle shall not be included in the P8 model as the P8 model already assumes pretreatment. 5. All sumps with SAFL baffles shall be a minimum of 3 feet in depth. 6. The applicant shall prepare and submit a Surface Water Pollution Prevention Plan that contains all required elements from Parts III and IV of the NPDES/SDS Construction Permit. This shall be a standalone document. 7. Any disturbance of the buffer areas shall be restored with native vegetation appropriate to the area and the plans shall note this and the seed mix to be used. 8. A plan shall be prepared showing the placement of wetland buffer monuments. 9. All buffer monuments shall be installed prior to the sale of any lots. 10. All stormwater practices shall be place into a drainage and utility easement if not included in an outlot. 11. All drainage swales shall be included in drainage and utility easements and the development shall make any future builder and homeowner aware that these may not be altered without submittal of a revised grading plan to the city and subsequent approval of that revised plan. 12. The development contract shall include language indicating that the Homeowners' Association shall be responsible for any landscaping work associated with the biofiltration feature and the city shall maintain the associated infrastructure including the underdrain, the filtration media and the piped storm sewer conveyance system. 13. The south biofiltration feature shall have a skimmer emergency overflow structure designed and installed. 14. A detailed plan of the filtration basins, consistent with the MN Stormwater Manual shall be submitted with the final plat submittal for review and approval by city staff. It shall include, at a minimum, a plan view, a profile view, all necessary elevations, any in situ soil preparation, methodologies to be employed to protect from construction traffic, soil filter media specifications, any plantings and any appurtenant work to be done. 15. Underdrains and drain tile shall have tracer wire and cleanouts. 16. Pretreatment shall be required for all filtration basins receiving piped discharge. Planning Commission 1600 & 1630 Lake Lucy Road May 17, 2016 Page 24 of 24 17. A forebay, surge basin or other approved energy dissipation device shall be provided for the inlet into the biofiltration feature included in the outlot. The selected practice must not create undue maintenance burdens. The end result shall be non-erosive velocities into the basin. 18. Efforts shall be made to raise the elevations of Lots 2 through 5 to assure positive flow towards the street and ultimately to the treatment devices. 19. The applicant, their consultant and city staff shall collaborate to minimize drainage concerns in the back and side yards of lots 6 through 10. 20. Storm Water Utility Connection charges due at the final plat are estimated to be $58,880.00. ATTACHMENTS 1. Findings of Fact and Decision. 2. Development Review Application. 3. Reduced Copy ALTA/ACSM Land Title Survey 4. Reduced Copy Removals Plan 5. Reduced Copy Tree Removals Plan 6. Reduced Copy Preliminary Plat 7. Reduced Copy Temporary Erosion and Sediment Control Plan 8. Reduced Copy Grading Plan 9. Reduced Copy Sanitary Sewer and Watermain Plan 10. Reduced Copy Storm Sewer Plan 11. Reduced Copy Planting Plan 12. Lake Lucy Road & Yosemite Avenue Housing Development Queueing Study 2/25/16 13. Email from Roger and Charlotte Frerichs to Council Members dated April 21, 2016 14. Email from Kathryn Randall to Bob Generous dated April 25, 2016 15. Email from Mary Hebnderson to City Council dated May 3, 2016 16. Public Hearing Notice and Mailing List gAplan\2016 planning cases\2016-09 lake lucy rd\staff report lake lucy rd sub.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Yosemite Holding, LLC, Almond & Carolyn Krueger and Craig & Deanna Claybaugh for rezoning, subdivision approval with variances from the subdivision requirements. On May 17, 2016, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Yosemite Holding, LLC, Almond & Carolyn Krueger and Craig & Deanna Claybaugh for rezoning of the property to Single -Family Residential District, preliminary plat approval of property in to 12 lots and two outlots with variances for the use of flag lots, cul-de-sac bubble size and a local street centerline offset of less than 300 feet and a building setback variance from the cul-de-sac bubble for lot 11. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential District, RR. 2. The property is guided in the Land Use Plan for Residential Low Density uses. 3. The legal description of the property is: See Exhibit A 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse effects of the proposed amendment. The six (6) affects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b. The proposed use is or will be compatible with the present and future land uses of the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. e. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f. Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse effects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance and complies with all the district regulations and requirements; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan by creating single-family lots within the density ranges required by the comprehensive plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e. The proposed subdivision will not cause environmental damage; f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1). Lack of adequate storm water drainage. 2). Lack of adequate roads. 3). Lack of adequate sanitary sewer systems. 4). Lack of adequate off-site public improvements or support systems. 6. The city council may grant a variance from the regulations contained in the subdivision ordinance as part of the plat approval process following a finding that all of the following conditions exist: 2 a. The hardship is not a mere inconvenience, but allows for the logical configuration of the lots and also avoids negative impacts to the wetland; b. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land, due to the existing parcel configuration, wetlands and site topography; c. The condition or conditions upon which the request is based are unique and not generally applicable to other property since the city directed that the street access be from Yosemite; d. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance and comprehensive plan. 7. Variance Findings — Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. Finding: The construction of a single-family home on the site is permitted in the Single - Family Residential District. The need to provide relief from the setback at the bubble is due to the offset of the cul-de-sac and the storm water management which is being accommodated on the east side of the development adjacent to the wetlands. b. When there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Finding: The buildable area of the lot is significantly limited by the required setback from the cul-de-sac bubble which is offset into the lot. The property owner proposes to construct a single-family home and driveway. The buildable area on the property has created a practical difficulty for using the site in a reasonable manner, which requires limited relief from city code. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The purpose of the variance is not based on economic considerations alone. The applicant would like to construct a single-family home and driveway on the in a residential zoning district. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. 3 Finding: The location of the wetlands and storm water pond and the offset of the cul-de- sac bubble creates a unique circumstance for the property to work around when attempting to construct a single-family home on the lot. The required setback from the cul-de-sac bubble creates a narrowing of the buildable area on the lot. e. The variance, if granted, will not alter the essential character of the locality. Finding: The home located on this property will comply with all other setback requirements. Granting the proposed variance request will not alter the essential character of the locality of the Lake Lucy Road neighborhood. f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This criteria does not apply. 8. The planning report #2016-09 dated May 17, 2016, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Rezoning, Preliminary Plat with Variances for the use of flag lots and less than 300 feet street offset subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this 17'', day of May 2016. CHANHASSEN PLANNING COMMISSION Its Chairman 4 EXHIBIT A PARCEL A That part of the Northwest Quarter of Section 2, Township 116, Range 23, Carver County, Minnesota described as follows: Beginning at the Southwest corner of the Northwest Quarter, Section 2, Township 116, Range 23; thence East along the half section line 330 feet (20 rods); thence North 660.00 feet (40 rods); thence West 330 feet (20 rods) to the section line; thence South 660 feet (40 rods) to the place of beginning; EXCEPT so much of the following described tract as in the foregoing description, beginning at a point on the section line between said Section 2 and 3; Township 116, Range 23, said point being 610 feet North of the Quarter section corner between said Section 2 and 3 and marked by an iron gas pipe set in the ground; thence North along the section 591,5 feet to a cartway 16.5 (1 rod) wide; thence East along the South boundary of said cartway 280.5 feet to the center of a street 33 feet (2 rods) wide; thence South 4 degrees 47 minutes East along the center of said street 593.56 feet; thence West 330 feet to the place of beginning, according to the United States Government Survey thereof. •,•alm That part of the Southeast Quarter of the Northeast Quarter (SE1/4NE1/4) of Section 3, Township 116, Range 23, described as follows: Starting at the Southeast Corner of said NE 1/4 of said Section 3, running Westerly along the South line of said SE 1/4 of said NE 1/4 a distance of 80 feet, then Northerly 275 feet, then Easterly 80 feet, thence Southerly along the Easterly line of said SE 1/4 of said NE 1/4 to the point of beginning, Carver County, Minnesota. PARCEL C That part of the Southeast Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, as follows: Beginning at a point on the South line of said Southeast Quarter of the Northeast Quarter, 80 feet West of said Southeast corner; thence continuing along said line 170 feet; thence North 275 feet; thence West 80 feet; thence North 170.5 feet; thence North 8 1/2 degrees, East 13 rods and 3 links; thence East 18 rods, thence South 385 feet; thence West 80 feet; thence South 275 feet to the point of beginning, Carver County, Minnesota. 5 r COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard CITY OF CHMNSEN Mailing Address — P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: ATH I I �y PC Date: -4M,, � V CC Date: 60 -Day Review Dater (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on-site sewers ..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑✓ Rezoning (REZ) ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD ................. $100 0 All Others......................................................... $500 ❑✓ Sign Plan Review............./A ............................ $150 ❑ Site Plan Review (SPR) ❑ Administrative.................................................. $100 ❑ Commercial/Industrial Districts* ...................... $500 Plus $10 per 1,000 square feet of building area: ( thousand square feet) *Include number of existing employees: *Include number of new employees: ❑ Residential Districts ......................................... $500 Plus $5 per dwelling unit ( units) ❑✓ Subdivision (SUB) ❑ Zoning Ordinance Amendment (ZOA) ................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ✓❑ Notification Sign (City to install and remove)...................................................................................................................... $200 il O� ❑✓ Property Owners' List within 500' (City to generate after pre -application meeting) .......... ...................I : `10,0 ....... $3 per address ( addresses) ❑ Escrow for Recording Documents (check all that apply) .................................................... .......... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements (_easements) TOTAL FEE: $1$21.00 Section Description of Proposal: Yosemite Holdings LLC respectfully requests approval for a rezoning, subdivision approval and three variances for flag lots to authorize the development of a 12 lot subdivision. Property Address or Location: 1600 and 1630 Lake Lucy Road Parcel #: 250033700,250033600,&250024000 Legal Description: See Sheet V3.01 ALTA SURVEY Total Acreage: 8.96 Wetlands Present? ® Yes ❑ No Present Zoning: Rural Residential District (RR) Requested Zoning: Single -Family Residential District (RSF) Present Land Use Designation: Residential Low Density Requested Land Use Designation: Residential Low Density Existing Use of Property: 2 Single Family Homes ❑✓ Check box is separate narrative is attached. ❑ Create 3 lots or less ........................................ $300 El Create over 3 lots .......................$600 + $15 per lot ( 12 lots) ❑ Metes & Bounds (2 lots) .................................. $300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment ......................................... $150 ❑ Final Plat.......................................................... $700 (Includes $450 escrow for attorney costs)* *Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) ❑✓ Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA) ................. $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. ✓❑ Notification Sign (City to install and remove)...................................................................................................................... $200 il O� ❑✓ Property Owners' List within 500' (City to generate after pre -application meeting) .......... ...................I : `10,0 ....... $3 per address ( addresses) ❑ Escrow for Recording Documents (check all that apply) .................................................... .......... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑ Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements (_easements) TOTAL FEE: $1$21.00 Section Description of Proposal: Yosemite Holdings LLC respectfully requests approval for a rezoning, subdivision approval and three variances for flag lots to authorize the development of a 12 lot subdivision. Property Address or Location: 1600 and 1630 Lake Lucy Road Parcel #: 250033700,250033600,&250024000 Legal Description: See Sheet V3.01 ALTA SURVEY Total Acreage: 8.96 Wetlands Present? ® Yes ❑ No Present Zoning: Rural Residential District (RR) Requested Zoning: Single -Family Residential District (RSF) Present Land Use Designation: Residential Low Density Requested Land Use Designation: Residential Low Density Existing Use of Property: 2 Single Family Homes ❑✓ Check box is separate narrative is attached. r Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Yosemite Holdings LLC Contact: Terry Forbord Address: 4960 Sussex Place Phone: (952) 470-5121 City/State/Zip: Shorewood, Minnesota 55331-9217 Cell: (612) 868-2483 Email: Terry Forbord <tforbord@forbordusa.com> Fax: (651) 636-1311 Signature: �� - �-- �.. Date: 4/1/16 PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Contact: Address: Phone: City/State/Zip: Cell: Email: Fax.- ax:Signature: Signature: Date: This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Stantec Contact: Roger L Humphrey PE Address: 2335 Highway 36 N. Frontage Road Phone: (651) 967-4652 City/State/Zip: St Paul, MN 55113 Cell: (651) 706-3855 Email: Roger. Humphrey@Stantec.com Fax: (651) 636-1311 Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑✓ Applicant Via: ❑✓ Email ❑ Mailed Paper Copy Address: ❑✓ Engineer Via: ❑✓ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PIRIN_h FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing (required). ! SAVE FORM PRINT FORM_� SUBMIT FORM ADDENDUM LAKE LUCY RD. APPLICATION FOR DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT DEPARTMENT Planning Division — 7700 Market Boulevard CITY OF CWHASEN Mailing Address — P.O. Box 147, Chanhassen. MN 55317 Phone: (952) 227-1300 / Fax: (952) 227-1110 APPLICATION FOR DEVELOPMENT REVIEW PROPERTY OWNERS: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. 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Date: February 25, 2016 Reference: Lake Lucy Road & Yosemite Avenue Housing Development Queueing Study INTRODUCTION A development consisting of 12 single family homes has been proposed to be built in the city of Chanhassen, MN near the intersection of Lake Lucy Road and Yosemite Avenue. Access to the new development will be off of Yosemite Avenue. Due to the proximity of the entrance for the new development to the intersection at Lake Lucy Road and Yosemite Avenue, there is concern that vehicles may queue back to the intersection. Stantec has been asked to investigate the potential for queueing of vehicles attempting to enter the new development on Yosemite Avenue. METHODOLOGY COUNTS Stantec performed turning movement counts (TMC) at the intersection of Lake Lucy Road and Yosemite Avenue on the afternoon of Wednesday, February 25, 2016 from 4:00-6:00 PM. It was determined that only PM peak counts would be required, as that is the time when the most vehicles would attempt to turn into the development. The counts taken were seasonally adjusted according to MnDOT standards. TRIP GENERATION Trip generation was performed using the ITE Trip Generation Manual 9th Edition. The results can be seen in Table 1 below. Land Use New Development 12 Single Family Homes Total AM Peak Hour I PM Peak Hour Average Weekday Total I In I Out I Total I In I Out Total 149 4 I 14 I 18 110 I 6 I 16 149 4 I 14 I 18 10 I 6 I 16 To simulate the maximum amount of strain on the system, and create the most potential for queues to develop, all vehicles entering the development were set to originate from Lake Lucy Road. Design with community in mind mp c:\users\mtpowers\desktop\chanhossen\queueing tech memo.docx (3 Stantec February 25, 2016 Stephanie Smith, PE Page 2 of 2 Reference: Lake Lucy Road & Yosemite Avenue Housing Development Queueing Study FORECASTING Analysis was performed for the year 2036. The MnDOT traffic projection factor for Carver County is currently 1.4. This factor was applied uniformly to all turning movement counts. SIMULATION The 2036 analysis was performed using the software Synchro/SimTraffic 9. The results of the simulation from this software provide the projected queueing data required to determine if any problems could potentially arise by the year 2036. RESULTS The results of the simulation showed no problems with queueing at the new intersection. The maximum queue observed in simulation was 18' in length or roughly two cars. The 95th percentile queue was 9' or roughly one car. The simulation shows that there should not be a sufficient amount of traffic to create queues reaching back to the Lake Lucy Road and Yosemite Avenue intersection. STANTEC CONSULTING SERVICES INC. Pat McGraw Senior Project Manager Phone: (651) 967-4655 Fax: (651) 636-1311 Pat.McGraw@stantec.com C.C. Roger Humphrey, PE Design with community in mind mp c\users\mtpowers\desktop\chanhossen\queueing tech memo.docx From: Charlotte Frerichs <frerixc(cr�,hotmail.com> Date: April 21, 2016 at 6:16:29 PM CDT To: "council&ci.chanhassen.mn.us" <councilaci.chanhassen.mn.us> Subject: Forbord development Dear Council Members, We are interested in the proposed development of Forbord Land Company LLC on Lake Lucy Road and Yosemite in our neighborhood. We attended the meeting when Terry Forbord explained the project. Our concern is the loss of many beautiful trees. The ash borer is already in Plymouth and will soon become a tragic problem in our city. On this particular property, it is a haven for deer, wild turkeys and other wild life. We hope that the developers will be encouraged to save as many trees as possible. There is a beautiful clump of aspen -like trees on the corner that needs to be saved. If you have not driven by this property, please do and let the developer know that it is important not to destroy these very old and lovely trees. The David Weekley development at the end of our street was clear-cut and we do not want that to be repeated. The final approval of this project is Tuesday, May 3rd. With respectful regards, Roger and Charlotte Frerichs Generous, Bob From: jbrandall@aol.com Sent: Monday, April 25, 2016 6:05 PM To: Generous, Bob Cc: Hoffman, Todd Subject: 1600/1630 Lake Lucy Development Robert and...... I have great concern about the water runoff and retention ponds along Lake Lucy Road on the proposed development plan of Yosemite Holding LLC at 1600/1630 Lake Lucy Road. Where are these retention ponds to drain? There is no direct access to drain to Lake Lucy, currently the water along this section of road drains onto my property which does not have drainage access to Lake Lucy What are the elevations for at least the 5 houses proposed along LLR? That too will cause more runoff onto my property, and a larger breeding ground for mosquitos. I assume since there is not a variance for hard cover on any of the lots that is not an issue but..... can we request storm water safe or permeable paver driveways be installed to cut down on hard cover? Why weren't the neighbors contacted about the Gloccum subdivision before it happened. There was no contact from the city notifying when it was going to the Planning Commission or Council asking us for input, why? Sincerely, Kathryn Randall 1571 Lake Lucy Road 952-474-6522 Sent via iPhone On May 3, 2016, at 9:55 AM, Mary Henderson <mkhenderson(&mchsi.com> wrote: Dear Council, I have been a Chanhassen resident for 23 of the last 26 years and love where I live. Chanhassen has been voted one of the Best Cities to live in numerous times, one of the reasons for this award is it's "wide swaths of open space". However this is ever changing, changing the look and feel of why we Chanhassen's love living here. There has been a 13.68 % growth since 2000, I live in the Minnetonka School District and have seen Excelsior Elementary grow from 500 students in 2005 to over 800 in 2016. They had to downsize the playground to accommodate the cars coming and going onto the school property. There has been a huge expansion of development on West 78th Street, with Galpin continuing development of housing, and a new preschool. Wherever you look the "swaths" of open land are being developed. Small parcels where too many oversized homes are being added. For example The David Weekly Development on Yosemite and Lake Lucy. And now a new proposal to add 12 more homes across the street from there. This is the street I live off of, where Yosemite and Apple Road meet. I walk everyday along Yosemite, dodging cars that cut through to get to the city of Excelsior, HWY 7 and the schools in this area. Yosemite is used more often then Lake Lucy to Powers to access these locations. By adding 12 new homes, at least 24 more vehicles will be driving up and down a road that has no side walk and is very busy. More land will be developed, taking away green space and displacing the many animals we all enjoying seeing. All for what? The value of my 2006 new home construction has actually gone down the last couple of years. Which is very disappointing. I do not see how adding additional homes in this already overbuilt area will benefit the residents that live here. One more thing, with the passing of Prince, now his land might possibly be up for development as well. Bringing in more taxes for Chanhassen, but not good for the residents seeing their home values drop and taxes go up. This is not the reason why I live here, to see every open piece of land to be developed. Please consider this proposed land site not to be developed. Thank you, Mary Henderson 1435 Knob Hill Lane Excelsior, MN 55331 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on April 21, 2016, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Rezoning from Rural Residential District (RR) to Single -Family Residential District (RSF), and preliminary plat with variances for a 12 -lot subdivision on 8.96 acres of property — Planning Case 2016-09 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. — O CJS',, Kim T. Meuwissen, Deputy �erk� Subscribed and sworn to before me this -;-I day of h%vi , 2016. 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COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on April 28, 2016, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Postponement of Public Hearing for Rezoning from Rural Residential District (RR) to Single -Family Residential District (RSF), and preliminary plat with variances for a 12 -lot subdivision on 8.96 acres of property — Planning Case 2016-09 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Kimp. N)It6wissen, Dep ty Clerk Subscribed and sworn to before me this _;Z day of 'O nm 2016. � JENNIFER ANN POTTER Notary Public -Minnesota My Commission Expires Jan 31, 2020 (% ONotaiy Public CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF POSTPONED PUBLIC HEARING Dear Property Owner: On April 21, 2016, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: • Request for Rezoning from Rural Residential District (RR) to Single -Family Residential District (RSF), and preliminary plat with variances for a 12 -lot subdivision on 8.96 acres of property located at 1600 and 1630 Lake Lucy Road. Applicant: Yosemite Holdings LLC. Owner: Almond & Carolyn Krueger and Craig & Deanna Claybaugh. The public hearing has been POSTPONED until further notice. You will receive another postcard when the hearing has been rescheduled. If you have questions regarding this proposal, contact Robert Generous at 952-227-1131 or by email: bgenerousCcDci.chanhassen.mn.us, or visit the project web page at www.ci.chanhassen.mn.us/2016-09 CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF POSTPONED PUBLIC HEARING Dear Property Owner: On April 21, 2016, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: • Request for Rezoning from Rural Residential District (RR) to Single -Family Residential District (RSF), and preliminary plat with variances for a 12 -lot subdivision on 8.96 acres of property located at 1600 and 1630 Lake Lucy Road. Applicant: Yosemite Holdings LLC. Owner: Almond & Carolyn Krueger and Craig & Deanna Claybaugh. The public hearing has been POSTPONED until further notice. You will receive another postcard when the hearing has been rescheduled. If you have questions regarding this proposal, contact Robert Generous at 952-227-1131 or by email: bgenerous(o)ci.chanhassen.mn.us, or visit the project web page at www.ci.chanhassen.mn.us/2016-09 ALAN ROBERT WEINGART ALMOND L & CAROLYN C KRUEGER ANDREW HEBERT 1685 STELLER CT 1600 LAKE LUCY RD 6566 SHADOW LN EXCELSIOR, MN 55331-9080 EXCELSIOR, MN 55331-9023 CHANHASSEN, MN 55317-9375 BART T & ANNETTE R ELLSON 1700 TEAL CIR EXCELSIOR, MN 55331-9097 BRYAN M SCHOEN 6630 LAKEWAY DR CHANHASSEN, MN 55317-7578 DAVID J & DARBY E WINTERS 1691 PINTAIL CIR EXCELSIOR, MN 55331-9098 DONALD M & CAROL OELKE 6431 YOSEMITE EXCELSIOR, MN 55331-9036 GWEN M WILDERMUTH REV TRUST 6672 LAKEWAY DR CHANHASSEN, MN 55317-7578 KEITH A & MARY JO REINHARDT 6530 SHADOW LN CHANHASSEN, MN 55317-9375 MARK & TRACY WILLIAMS 1655 LAKE LUCY RD EXCELSIOR, MN 55331-9024 MICHAEL C & SHARON F TODD 6540 SHADOW LN CHANHASSEN, MN 55317-9375 BREEJORGENSON 1731 WOOD DUCK CIR EXCELSIOR, MN 55331-9096 CRAIG & DEANNA CLAYBAUGH 1630 LAKE LUCY RD EXCELSIOR, MN 55331-9023 DAVID L PETERSON 6451 YOSEMITE EXCELSIOR, MN 55331-9036 ESTATE DEVELOPMENT CORPORATION 1520 WAYZATA BLVD WAYZATA, MN 55391 - KATHRYN J BERSCHEIT 6470 YOSEMITE AVE EXCELSIOR, MN 55331-9037 LAWRENCE H & NANCY S MCDOWELL 6663 LAKEWAY DR CHANHASSEN, MN 55317-7578 MARK R RANDALL 6460 YOSEMITE EXCELSIOR, MN 55331-9037 MICHAEL RISHAVY 6440 YOSEMITE AVE EXCELSIOR, MN 55331-9037 BRIAN R & JENNIFER B JOHNSON 6639 LAKEWAY DR CHANHASSEN, MN 55317-7578 DANIEL D & MARY KATHRYN SISSEL 1710 TEAL CIR EXCELSIOR, MN 55331-9097 DAVID W & HOLLY A JUDD 1731 WOOD DUCK LN EXCELSIOR, MN 55331-9076 FLOREK FAMILY TRUST 1641 WOOD DUCK LN EXCELSIOR, MN 55331-9094 KATHRYN KENYON RANDALL 1571 LAKE LUCY RD EXCELSIOR, MN 55331-9022 MARC & RENEE SCHUBBE 6550 SHADOW LN CHANHASSEN, MN 55317-9375 MATTHEW D & STACY A HASTAD 1430 LAKE LUCY RD CHANHASSEN, MN 55317-9382 MICHAEL T & LYSSA L CAMPBELL 1671 PINTAIL CIR EXCELSIOR, MN 55331-9098 NEIL R & KATHLEEN CAULEY NICHOLAS J WALSTROM PATRICK J JOHNSON 1701 PINTAIL CIR 1721 WOOD DUCK LN 1700 LAKE LUCY RD EXCELSIOR, MN 55331-3100 EXCELSIOR, MN 55331-9076 EXCELSIOR, MN 55331-9025 PAUL ORVIS TWENGE PHILIP C & MARGARET A MARSTON PHILIP R THIESSE 1720 WOOD DUCK LN 1681 PINTAIL CIR 1675 STELLER CT EXCELSIOR, MN 55331-9077 EXCELSIOR, MN 55331-9098 EXCELSIOR, MN 55331-9080 RAMESH GURUSAMY 6612 LAKEWAY DR CHANHASSEN, MN 55317-7578 ROBERT J & SANDRA A KENDALL 1645 LAKE LUCY RD EXCELSIOR, MN 55331-9024 SHAUN D NUGENT 6560 SHADOW LN CHANHASSEN, MN 55317-9375 SUSANJORGENSEN 6510 YOSEMITE EXCELSIOR, MN 55331-9038 TROY M PARRISH 6480 YOSEMITE AVE EXCELSIOR, MN 55331-9037 WILLIAM P STROUT JR 1670 LAKE LUCY RD EXCELSIOR, MN 55331-9023 RICHARD S & JULIE A SAFFRIN 1661 WOOD DUCK LN EXCELSIOR, MN 55331-9094 ROGER L & CHARLOTTE J FRERICHS 6648 LAKEWAY DR CHANHASSEN, MN 55317-7578 SHERYL K LARSON 1711 WOOD DUCK LN EXCELSIOR, MN 55331-9076 THOMAS ALAN STEWARD 6471 YOSEMITE EXCELSIOR, MN 55331-9036 TUCKER & ALEXANDRA M MASUI 6619 LAKEWAY DR CHANHASSEN, MN 55317-7578 ROBERT A & LINDA M GUNDERSEN 1690 WOOD DUCK LN EXCELSIOR, MN 55331-9093 RYAN WILLIAM YANKOUPE 6481 YOSEMITE EXCELSIOR, MN 55331-9036 SUKO BUDIJONO 1721 WOOD DUCK CIR EXCELSIOR, MN 55331-9096 TIMOTHY J LINDQUIST 1650 LAKE LUCY RD EXCELSIOR, MN 55331-9023 WEEKLEY HOMES LLC 1111 N POST OAK RD HOUSTON, TX 77055-7310 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Kim T. Meuwissen, being first duly sworn, on oath deposes that she is and was on May 6, 2016, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Rescheduled Public Hearing for Rezoning from Rural Residential District (RR) to Single -Family Residential District (RSF), and preliminary plat with variances for a 12 -lot subdivision on 8.96 acres of property — Planning Case 2016-09 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. • ' cl_n�1L��-A Kim . Meuwissen, DeputrC�l� — Subscribed and sworn to before me of?.. � r - this !_ day of �� , 2016. �� JENNIFER ANN POTTER Notary Public -Minnesota „;; `` My Commission Expires Jan 31, 2020 �� Notary Public CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF RESCHEDULED PUBLIC HEARING Dear Property Owner: On April 21, 2016, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: • Request for Rezoning from Rural Residential District (RR) to Single -Family Residential District (RSF), and preliminary plat with variances for a 12 -lot subdivision on 8.96 acres of property located at 1600 and 1630 Lake Lucy Road. Applicant: Yosemite Holdings LLC. Owner: Almond & Carolyn Krueger and Craig & Deanna Claybaugh. The public hearing has been RESCHEDULED for Mav 17, 2016 in the City Hall Council Chambers. The meeting will begin at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. If you have questions regarding this proposal, contact Robert Generous at 952-227-1131 or by email: bgenerous(d�ci.chanhassen.mn.us, or visit the project web page at www.ci.chanhassen.mn.us/2016-09 CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF RESCHEDULED PUBLIC HEARING Dear Property Owner: On April 21, 2016, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: • Request for Rezoning from Rural Residential District (RR) to Single -Family Residential District (RSF), and preliminary plat with variances for a 12 -lot subdivision on 8.96 acres of property located at 1600 and 1630 Lake Lucy Road. Applicant: Yosemite Holdings LLC. Owner: Almond & Carolyn Krueger and Craig & Deanna Claybaugh. The public hearing has been RESCHEDULED for Mav 17, 2016 in the City Hall Council Chambers. The meeting will begin at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. If you have questions regarding this proposal, contact Robert Generous at 952-227-1131 or by email: bgenerous(a�ci.chanhassen.mn.us, or visit the project web page at www.ci.chanhassen.mn.us/2016-09 ALAN ROBERT WEINGART ALMOND L & CAROLYN C KRUEGER ANDREW HEBERT 1685 STELLER CT 1600 LAKE LUCY RD 6566 SHADOW LN EXCELSIOR, MN 55331-9080 EXCELSIOR, MN 55331-9023 CHANHASSEN, MN 55317-9375 BART T & ANNETTE R ELLSON 1700 TEAL CIR EXCELSIOR, MN 55331-9097 BRYAN M SCHOEN 6630 LAKEWAY DR CHANHASSEN, MN 55317-7578 DAVID J & DARBY E WINTERS 1691 PINTAIL CIR EXCELSIOR, MN 55331-9098 DONALD M & CAROL OELKE 6431 YOSEMITE EXCELSIOR, MN 55331-9036 GWEN M WILDERMUTH REV TRUST 6672 LAKEWAY DR CHANHASSEN, MN 55317-7578 KEITH A & MARY JO REINHARDT 6530 SHADOW LN CHANHASSEN, MN 55317-9375 MARK & TRACY WILLIAMS 1655 LAKE LUCY RD EXCELSIOR, MN 55331-9024 MICHAEL C & SHARON F TODD 6540 SHADOW LN CHANHASSEN, MN 55317-9375 BREEJORGENSON 1731 WOOD DUCK CIR EXCELSIOR, MN 55331-9096 CRAIG & DEANNA CLAYBAUGH 1630 LAKE LUCY RD EXCELSIOR, MN 55331-9023 DAVID L PETERSON 6451 YOSEMITE EXCELSIOR, MN 55331-9036 ESTATE DEVELOPMENT CORPORATION 1520 WAYZATA BLVD WAYZATA, MN 55391 - KATHRYN J BERSCHEIT 6470 YOSEMITE AVE EXCELSIOR, MN 55331-9037 LAWRENCE H & NANCY S MCDOWELL 6663 LAKEWAY DR CHANHASSEN, MN 55317-7578 MARK R RANDALL 6460 YOSEMITE EXCELSIOR, MN 55331-9037 MICHAEL RISHAVY 6440 YOSEMITE AVE EXCELSIOR, MN 55331-9037 BRIAN R & JENNIFER B JOHNSON 6639 LAKEWAY DR CHANHASSEN, MN 55317-7578 DANIEL D & MARY KATHRYN SISSEL 1710 TEAL CIR EXCELSIOR, MN 55331-9097 DAVID W & HOLLY A JUDD 1731 WOOD DUCK LN EXCELSIOR, MN 55331-9076 FLOREK FAMILY TRUST 1641 WOOD DUCK LN EXCELSIOR, MN 55331-9094 KATHRYN KENYON RANDALL 1571 LAKE LUCY RD EXCELSIOR, MN 55331-9022 MARC & RENEE SCHUBBE 6550 SHADOW LN CHANHASSEN, MN 55317-9375 MATTHEW D & STACY A HASTAD 1430 LAKE LUCY RD CHANHASSEN, MN 55317-9382 MICHAEL T & LYSSA L CAMPBELL 1671 PINTAIL CIR EXCELSIOR, MN 55331-9098 NEIL R & KATHLEEN CAULEY NICHOLAS J WALSTROM PATRICK J JOHNSON 1701 PINTAIL CIR 1721 WOOD DUCK LN 1700 LAKE LUCY RD EXCELSIOR, MN 55331-3100 EXCELSIOR, MN 55331-9076 EXCELSIOR, MN 55331-9025 PAUL ORVIS TWENGE PHILIP C & MARGARET A MARSTON PHILIP R THIESSE 1720 WOOD DUCK LN 1681 PINTAIL CIR 1675 STELLER CT EXCELSIOR, MN 55331-9077 EXCELSIOR, MN 55331-9098 EXCELSIOR, MN 55331-9080 RAMESH GURUSAMY 6612 LAKEWAY DR CHANHASSEN, MN 55317-7578 ROBERT J & SANDRA A KENDALL 1645 LAKE LUCY RD EXCELSIOR, MN 55331-9024 SHAUN D NUGENT 6560 SHADOW LN CHANHASSEN, MN 55317-9375 SUSAN JORGENSEN 6510 YOSEMITE EXCELSIOR, MN 55331-9038 TROY M PARRISH 6480 YOSEMITE AVE EXCELSIOR, MN 55331-9037 WILLIAM P STROUT JR 1670 LAKE LUCY RD EXCELSIOR, MN 55331-9023 RICHARD S & JULIE A SAFFRIN 1661 WOOD DUCK LN EXCELSIOR, MN 55331-9094 ROGER L & CHARLOTTE J FRERICHS 6648 LAKEWAY DR CHANHASSEN, MN 55317-7578 SHERYL K LARSON 1711 WOOD DUCK LN EXCELSIOR, MN 55331-9076 THOMAS ALAN STEWARD 6471 YOSEMITE EXCELSIOR, MN 55331-9036 TUCKER & ALEXANDRA M MASUI 6619 LAKEWAY DR CHANHASSEN, MN 55317-7578 ROBERT A & LINDA M GUNDERSEN 1690 WOOD DUCK LN EXCELSIOR, MN 55331-9093 RYAN WILLIAM YANKOUPE 6481 YOSEMITE EXCELSIOR, MN 55331-9036 SUKO BUDIJONO 1721 WOOD DUCK CIR EXCELSIOR, MN 55331-9096 TIMOTHY J LINDQUIST 1650 LAKE LUCY RD EXCELSIOR, MN 55331-9023 WEEKLEY HOMES LLC 1111 N POST OAK RD HOUSTON, TX 77055-7310