2021 08 09 Agenda and PacketAGENDA
CHANHASSEN CITY COUNCIL
MONDAY, AUGUST 9, 2021
CHANHASSEN CITY HALL, 7700 MARKET BOULEVARD
A.5:00 P.M. WORK SESSION
Note: Work sessions are open to the public.If the City Council does not complete the work
session items in the time allotted, the remaining items will be considered after the regular
agenda.
1.Urban Land Institute Workshop with Planning Commission and Economic Development
Commission
2.Future Work Session Schedule
B.7:00 P.M. CALL TO ORDER (Pledge of Allegiance)
C.PUBLIC ANNOUNCEMENTS
D.CONSENT AGENDA
All items listed under the Consent Agenda are considered to be routine by the city council and
will be considered as one motion. There will be no separate discussion of these items. If
discussion is desired, that item will be removed from the Consent Agenda and considered
separately. City council action is based on the staff recommendation for each item. Refer to the
council packet for each staff report.
1.Approve City Council Minutes dated July 26, 2021
2.Receive Park & Recreation Commission Minutes dated June 22, 2021
3.Approve Claims Paid 08092021
4.Approve Purchase of Lift Station Pumps for Rehabilitation of Lift Station #2
5.Approve Fireworks Display at Chanhassen High School, September 24, 2021
6.Approve Temporary Modification of the Licensed Premises to serve Beer in
Chanhassen Brewing Company Parking Lot Area
E.VISITOR PRESENTATIONS
Visitor Presentations requesting a response or action from the City Council must complete and
submit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda)
F.OLD BUSINESS
AGENDACHANHASSEN CITY COUNCILMONDAY, AUGUST 9, 2021CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:00 P.M. WORK SESSIONNote: Work sessions are open to the public.If the City Council does not complete the worksession items in the time allotted, the remaining items will be considered after the regularagenda.1.Urban Land Institute Workshop with Planning Commission and Economic DevelopmentCommission2.Future Work Session ScheduleB.7:00 P.M. CALL TO ORDER (Pledge of Allegiance)C.PUBLIC ANNOUNCEMENTSD.CONSENT AGENDAAll items listed under the Consent Agenda are considered to be routine by the city council andwill be considered as one motion. There will be no separate discussion of these items. Ifdiscussion is desired, that item will be removed from the Consent Agenda and consideredseparately. City council action is based on the staff recommendation for each item. Refer to thecouncil packet for each staff report.1.Approve City Council Minutes dated July 26, 20212.Receive Park & Recreation Commission Minutes dated June 22, 20213.Approve Claims Paid 080920214.Approve Purchase of Lift Station Pumps for Rehabilitation of Lift Station #25.Approve Fireworks Display at Chanhassen High School, September 24, 20216.Approve Temporary Modification of the Licensed Premises to serve Beer inChanhassen Brewing Company Parking Lot AreaE.VISITOR PRESENTATIONSVisitor Presentations requesting a response or action from the City Council must complete andsubmit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda)
F.OLD BUSINESS
1.Ordinance XXX: Approve a Request to Amend City Code Chapters 1 and 20 to Define
"Agritourism"; Create Standards and Criteria for an Agritourism Use as an Interim
Use; Allow Agritourism Uses as an Interim Use in the Agricultural Estate District; and
Approve an Interim Use Permit for an Agritourism Use on Property Located at 9111
Audubon Road
G.PUBLIC HEARINGS
H.NEW BUSINESS
1.Ordinance XXX: Approve a Request to Rezone Property from Agricultural Estate
District (A2) to SingleFamily Residential (RSF) and Subdivision of Property into 21
SingleFamily Lots with Variances at 775 West 96th Street
2.Ordinance XXX: Approve a Request to Rezone Property from Agricultural Estate
(A2) to SingleFamily Residential (RSF); and Resolution 2021XX: Subdivision
Approval of Two Lots and One Outlot with Variances for a Private Street and Private
Street Width at 9197 Eagle Ridge Road
I.COUNCIL PRESENTATIONS
J.ADMINISTRATIVE PRESENTATIONS
K.CORRESPONDENCE DISCUSSION
1.2021 Building Permit Activity July Year To Date
L.ADJOURNMENT
M.GUIDELINES
GUIDELINES FOR VISITOR PRESENTATIONS
Welcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen City
Council wishes to provide an opportunity for the public to address the City Council. That opportunity is provided
at every regular City Council meeting during Visitor Presentations.
Anyone seeking a response or action from the City Council following their presentation is required to
complete and submit a Citizen Action Request Form. An online form is available at
https://www.ci.chanhassen.mn.us/action or paper forms are available in the city council chambers prior to
the meeting.
Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. When
called upon to speak, state your name, address, and topic. All remarks shall be addressed to the City
Council as a whole, not to any specific member(s) or to any person who is not a member of the City
Council.
If there are a number of individuals present to speak on the same topic, please designate a spokesperson
that can summarize the issue.
Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If you
have written comments, provide a copy to the Council.
During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion.
Council members or the City Manager may ask questions of you in order to gain a thorough understanding
of your concern, suggestion or request.
AGENDACHANHASSEN CITY COUNCILMONDAY, AUGUST 9, 2021CHANHASSEN CITY HALL, 7700 MARKET BOULEVARDA.5:00 P.M. WORK SESSIONNote: Work sessions are open to the public.If the City Council does not complete the worksession items in the time allotted, the remaining items will be considered after the regularagenda.1.Urban Land Institute Workshop with Planning Commission and Economic DevelopmentCommission2.Future Work Session ScheduleB.7:00 P.M. CALL TO ORDER (Pledge of Allegiance)C.PUBLIC ANNOUNCEMENTSD.CONSENT AGENDAAll items listed under the Consent Agenda are considered to be routine by the city council andwill be considered as one motion. There will be no separate discussion of these items. Ifdiscussion is desired, that item will be removed from the Consent Agenda and consideredseparately. City council action is based on the staff recommendation for each item. Refer to thecouncil packet for each staff report.1.Approve City Council Minutes dated July 26, 20212.Receive Park & Recreation Commission Minutes dated June 22, 20213.Approve Claims Paid 080920214.Approve Purchase of Lift Station Pumps for Rehabilitation of Lift Station #25.Approve Fireworks Display at Chanhassen High School, September 24, 20216.Approve Temporary Modification of the Licensed Premises to serve Beer inChanhassen Brewing Company Parking Lot AreaE.VISITOR PRESENTATIONSVisitor Presentations requesting a response or action from the City Council must complete andsubmit the Citizen Action Request Form (see VISITOR GUIDELINES at the end of this agenda)F.OLD BUSINESS1.Ordinance XXX: Approve a Request to Amend City Code Chapters 1 and 20 to Define"Agritourism"; Create Standards and Criteria for an Agritourism Use as an InterimUse; Allow Agritourism Uses as an Interim Use in the Agricultural Estate District; andApprove an Interim Use Permit for an Agritourism Use on Property Located at 9111Audubon RoadG.PUBLIC HEARINGSH.NEW BUSINESS1.Ordinance XXX: Approve a Request to Rezone Property from Agricultural EstateDistrict (A2) to SingleFamily Residential (RSF) and Subdivision of Property into 21SingleFamily Lots with Variances at 775 West 96th Street2.Ordinance XXX: Approve a Request to Rezone Property from Agricultural Estate(A2) to SingleFamily Residential (RSF); and Resolution 2021XX: SubdivisionApproval of Two Lots and One Outlot with Variances for a Private Street and PrivateStreet Width at 9197 Eagle Ridge RoadI.COUNCIL PRESENTATIONSJ.ADMINISTRATIVE PRESENTATIONSK.CORRESPONDENCE DISCUSSION1.2021 Building Permit Activity July Year To DateL.ADJOURNMENTM.GUIDELINES GUIDELINES FOR VISITOR PRESENTATIONSWelcome to the Chanhassen City Council Meeting. In the interest of open communications, the Chanhassen CityCouncil wishes to provide an opportunity for the public to address the City Council. That opportunity is providedat every regular City Council meeting during Visitor Presentations.Anyone seeking a response or action from the City Council following their presentation is required tocomplete and submit a Citizen Action Request Form. An online form is available athttps://www.ci.chanhassen.mn.us/action or paper forms are available in the city council chambers prior tothe meeting.Anyone indicating a desire to speak during Visitor Presentations will be acknowledged by the Mayor. Whencalled upon to speak, state your name, address, and topic. All remarks shall be addressed to the CityCouncil as a whole, not to any specific member(s) or to any person who is not a member of the CityCouncil.If there are a number of individuals present to speak on the same topic, please designate a spokespersonthat can summarize the issue. Limit your comments to five minutes. Additional time may be granted at the discretion of the Mayor. If youhave written comments, provide a copy to the Council.During Visitor Presentations, the Council and staff listen to comments and will not engage in discussion.Council members or the City Manager may ask questions of you in order to gain a thorough understanding
of your concern, suggestion or request.
Please be aware that disrespectful comments or comments of a personal nature, directed at an individual
either by name or inference, will not be allowed. Personnel concerns should be directed to the City
Manager.
Members of the City Council and some staff members may gather at Houlihan's, 530 Pond Promenade in Chanhassen immediately
after the meeting for a purely social event. All members of the public are welcome.
CITY COUNCIL STAFF REPORT
Monday, August 9, 2021
Subject Urban Land Institute Workshop with Planning Commission and Economic Development
Commission
Section 5:00 P.M. WORK SESSION Item No: A.1.
Prepared By Laurie Hokkanen, City Manager File No:
ATTACHMENTS:
Agenda
Biographies
Navigating Your Competitive Future
City of Chanhassen
August 9, 2021
5:00 – 6:45 p.m.
Agenda
• Welcome and Introductions — Cathy Bennett , ULI Minnesota - 5 minutes
• Overview of Market Forces/Trends & City Specific Community Data —
Cathy Bennett, ULI MN - 15 minutes
• Developer Panel – a facilitated discussion with key real estate panelists will
focus on the current market trends in housing, mixed use , retail and industrial
development , the importance of partnerships between cities and the development
community, financing metrics to support development and strategies to position
cities to be economically competitive — 4 0 minutes
• Panelists include: (bios attached)
o Evan Doran, Doran Property Group
o Mark Kunkel, Capital Markets Advisor
o Ra’essa Motala, Rokos Advisors
o Sam Newberg, CBRE
• Q & A — Cathy Bennett will facilitate questions from the Council, Planning
Commission , Economic Development Commission and other workshop
participants in response to the panel discussion — 4 0 minutes
• Wrap-Up/Next Steps — Staff — 5 minutes
CITY OF CHANHASSEN
August 9, 2021
EVAN DORAN
VICE PRESIDENT OF DEVELOPMENT DORAN PROPERTY GROUP
As Vice President of Development for Doran Properties Group, Evan Doran is
responsible for leading key development projects throughout the Twin Cities and Denver
markets. He brings his experience in single-family, multi-family and hospitality/hotel
development to bear with every project he leads. He has successfully delivered over
1,000 multifamily units in the Twin Cities since joining Doran in 2018. Prior to joining the
family development business, Evan worked as a Senior Project Manager for the Sydell
Group in Los Angeles, supporting the development of hotel projects such as The
Freehand Hotel in downtown Los Angeles and The Line Hotel in downto wn Austin, TX.
Evan serves on the Board of the Minneapolis Regional Chamber of Commerce, is the Co -
Chair of the ULI-Minnesota’s Young Leaders Group and is an active supporter of the
Minneapolis Foundation and the International Institute of Minnesota.
Evan holds an undergraduate degree in International Affairs from the George Washington University, and a
Master’s degree in Real Estate from Cornell University. He lives in south Minneapolis with his wife and
daughter.
MARK KUNKEL
CAPITAL MARKETS ADVISOR
Mr. Kunkel is a capital markets advisor and former m anaging director with CarVal
Investors, a $10 billion global fund manager grown out of Cargill, Inc. in 1987. He is an
expert in acquisitions and management of debt and equity investments in commercial
real estate properties throughout the U.S. Previously, he worked in CarVal’s portfolio
management group, focusing on acquisitions and work outs across the global real
estate portfolio. He also previously managed investments in commercial loan portfolios
ac ross the U.S. Prior to joining CarVal in 2006, Mr. Kunkel was a venture capital
investor with Technology Venture Partners in Boston.
Mark holds a Finance B.S.B with honors from UofM and an MBA from Harvard Business School
SAM NEWBERG
SENIOR FIELD RESEARCH ANALYST CBRE
Sam Newberg currently leads the Minneapolis Research team at CBRE, supporting 80
brokers and directing market research and thought leadership for industrial, office, retail,
multifamily and capital markets. Prior that he was Founder and President of Joe Urban,
Inc. where he was a trusted advisor to public and private clients, performing real estate
market studies for commercial development in Minneapolis and several other states.
He also has written extensively for the Urban Land Institute and various other real
estate publications on a variety of development topics in the United States, Europe,
Asia, Australia and South America.
He lives in south Minneapolis with his wife and two kids and served for nine years on the Standish-Ericsson
Neighborhood Association board, including two years as president.
RA’EESA MOTALA
VICE PRESIDENT INDUSTRIAL & CORPORATE SOLUTIONS ROKOS ADVISORS
As an Industrial and Corporate Solutions Broker Rokos Advisors, Ra’eesa provides
strategic commercial real estate solutions to clients on a local and national scale. Her
award-winning track record has earned her recognition as a top producing broker and
trusted advisor. Her ability to work in multi-markets has provided her with vast
knowledge and experience within the industrial sector and given her clients insight to
how their businesses could benefit by being positioned in developing cities. Ra’eesa is
known by her tenacious nature and creative ability to find effective solutions.
Ra’eesa previously held leadership position at Lee and Associates as the youngest
and only woman broker, was named 40 under 40 and various notable awards as a
leader in the commercial real estate industry. She is a graduate from University of Minnesota and later
attended St. Matthews University of Medicine before pursuing her career in commercial real estate.
Build Local Capacity
Navigating Your Competitive Future (“NCF”) is an interactive
workshop with policy leaders and volunteer real estate
professionals to focus on the current challenges of development
and redevelopment.
Never before has it been more critical for decision makers
to understand the range of factors influencing their City’s
economic future, from the COVID-19 precautions, long-term
need for economic recovery, and the growing call to address
entrenched inequalities.
NCF is designed to foster a meaningful dialogue across the
public and private sectors to strengthen a mutual understanding
of today’s economic reality, market preferences and demographic
shifts. Public officials will better understand the importance
of effective partnerships and learn strategies to position your
community to be competitive and resilient, and to attract the best
quality development particularly in these uncertain and evolving
economic times.
We are now offering one hour virtual sessions and provide
general or topic specific sessions. Topics include:
1. Housing: An Economic Imperative
2. The Sharing Economy: Impact on the Built Environment
3. Resiliency: Future of Public Infrastructure
4. Post Pandemic Impact on the Future of Development
1 HOUR
VIRTUAL SESSION
NCF DETAILS
LET AN NCF HELP BUILD YOUR CAPACITY
CONTACT US AT 612-670-8147 I CATHY.BENNETT@ULI.ORG I MINNESOTA.ULI.ORG
3-4 INDUSTRY
EXPERTS
FREE OF CHARGE
NCF Sessions are offered free of charge as
a result of the generous funding support:
CITY COUNCIL STAFF REPORT
Monday, August 9, 2021
Subject Future Work Session Schedule
Section 5:00 P.M. WORK SESSION Item No: A.2.
Prepared By Laurie Hokkanen, City Manager File No:
SUMMARY
The City Council is tentatively scheduled to hold the following work sessions:
August 16 (Special Meeting):
1. 2022 Budget & CIP Discuss ion
August 23:
1. Eastern Carver County School District Referendum Presentation
2. Review Classification and Compensation Study
September 13
1. 2022 Budget Discuss Maximum Tax
2. City Council Quarterly Roundtable
September 27
1. Fire Department Open House
October 11, 2021
October 25, 2021
November 8
1. General Fund & Property Tax Supported Funds Discussion
November 22
1. Enterprise & CIP Discussion
CITY COUNCIL STAFF REPORTMonday, August 9, 2021SubjectFuture Work Session ScheduleSection5:00 P.M. WORK SESSION Item No: A.2.Prepared By Laurie Hokkanen, City Manager File No: SUMMARYThe City Council is tentatively scheduled to hold the following work sessions:August 16 (Special Meeting): 1. 2022 Budget & CIP Discuss ionAugust 23:1. Eastern Carver County School District Referendum Presentation2. Review Classification and Compensation StudySeptember 13 1. 2022 Budget Discuss Maximum Tax2. City Council Quarterly RoundtableSeptember 271. Fire Department Open HouseOctober 11, 2021October 25, 2021November 81. General Fund & Property Tax Supported Funds DiscussionNovember 22
1. Enterprise & CIP Discussion
BACKGROUND
Staff or the City Council may suggest topics for work sessions. Dates are tentative until the meeting agenda is
published. Work sessions are typically held at 5:30 pm on the second and fourth Monday of each month in
conjunction with the regular City Council meeting, but may be scheduled for other times as needed.
CITY COUNCIL STAFF REPORT
Monday, August 9, 2021
Subject Approve City Council Minutes dated July 26, 2021
Section CONSENT AGENDA Item No: D.1.
Prepared By Kim Meuwissen, City Clerk File No:
PROPOSED MOTION
“The City Council approves the City Council Minutes dated July 26, 2021.”
Approval requires a Simple Majority Vote of members present.
ATTACHMENTS:
City Council Work Session Minutes
City Council Regular Meeting Minutes
CHANHASSEN CITY COUNCIL
WORK SESSION
MINUTES
JULY 26, 2021
Mayor Ryan called the meeting to order at 6:00 p.m.
MEMBERS PRESENT: Mayor Ryan, Councilwoman Rehm, Councilwoman Schubert,
Councilman McDonald, and Councilman Campion.
COUNCIL MEMBERS ABSENT: None.
STAFF PRESENT: Laurie Hokkanen, City Manager; Charlie Howley, Public Works
Director/City Engineer; Jake Foster, Assistant City Manager; Kelly Strey, Finance Director;
George Bender, Assistant City Engineer; Charlie Burke, Public Works Operations Manager; Erik
Henricksen, Project Engineer; and Kate Aanenson, Community Development Director.
PUBLIC PRESENT: None.
TRAFFIC SAFETY COMMITTEE PRESENTATION
Erik Henricksen led the City Council through a PowerPoint overview about the Traffic Safety
Committee (TSC). Mr. Henricksen noted that the TSC makes recommendations but is not an
authoritative body. The committee has membership from various departments at the city for a
broad range of perspectives. The TSC is a new effort that attempts to do problem solving and
find solutions that are best for Chanhassen. The Committee grew out of 2019 Key Financial
Strategy. Three goals of the TSC are consistency, a central location for data tracking and metrics,
and a mechanism to add consistent versus immediate concerns (immediate concerns are handled
through 911/enforcement action). Currently, the TSC receives input through the Request Tracker
on the city’s website, which is being upgraded to SeeClickFix. The group maintains a log that
will eventually lead to spatial analysis and heat mapping to understand the magnitude and
duration of issues.
Councilmember Campion asked about the frequency of the requests that the committee receives
from the public. Mr. Henricksen shared examples of the types of requests the committee gets and
noted that the committee also has staff-initiated items. The committee has been meeting since
December 2020 and meets monthly for 1.5 hours. At the July meeting, staff completed their
initial backlog of cases (57 cases to date). The group maintains agendas and minutes.
The TSC is currently working on:
• Case reviews
• Website updates
• Policy development – specifically, a crosswalk policy, speed limit policy
• Using more mapping and spatial analysis
• Evaluating communication efforts internally and externally
• Incorporating Strategic Plan
City Council Work Session Minutes – July 26, 2021
2
Erik demonstrated the updates made to the website to make the information more user friendly.
Frequent requests include speed limits, stop signs, and speed bumps.
Mayor Ryan commended staff for the committee structure and idea, noting that it is helpful for
residents to have a process to follow when they have concerns that cannot be immediately
resolved.
Charlie Howley asked the Mayor and City Council how frequently they get traffic questions and
comments that are not already shared with staff. Councilmember Rehm asked if trail requests are
also considered by the TSC and Erik responded that anything bike or pedestrian related can be
considered. Councilmember Rehm inquired about trail wayfinding signs, complimented staff for
the painting of crosswalks, and asked about ADA compliance projects and plans. Mr. Howley
gave an overview of the recent change to crosswalk design and shared that we refresh the paint
every year to some degree.
Councilmember Campion wondered whether speed complaints increase after reconstruction
projects are completed. He also shared that many of the complaints he receives are during the
school year. He asked whether we have inconspicuous ways to collect speed information so it is
not distorted by people knowing the speed trailer is measuring speeds. Mr. Henricksen reviewed
the capabilities of our current equipment. Speed signs can collect data even when the display is
not turned on. Mr. Henricksen reminded the group that speed is often perceived to be much
higher when viewed from the side of the road and noted a resource from the City of Crystal that
is useful for education. Mr. Howley shared that the city’s speed trailer was out of service for a
number of years but is again being used for education purposes. Mayor Ryan inquired whether
the city is considering investing in additional driver feedback signs that could be installed in
areas where speed complaints are frequent and are on busier roads to draw attention to the speeds
in neighborhoods. Mr. Burke shared that staff is looking at installing additional locations and
including in CIP projects. Mr. Bender noted that the more the devices that are deployed, requests
are likely to increase as well. Councilmember Rehm inquired about whether the committee is
considering lowering the speed limit on Minnewashta Parkway. Mr. Howley responded that the
city’s position is that there is an active construction project right now, then there will be
additional study of speed or volume in six months to a year. A reduction of speed limit is a
possible outcome but is not the goal of a study. Mr. Howley noted that reducing speed limits by
itself does not result in a reduction of driver speeds. Mr. Howley gave an overview of planned
striping changes to Kerber Boulevard that are intended to reduce speeds through changing driver
perception and behavior. Councilmember Schubert replied that the project would be a benefit to
bicyclists, too. Councilmember Rehm also shared that allowing parking on the street reduces
speeds.
Mayor Ryan thanked staff for the presentation. She said she looks forward to the committee
working with the new Communications Manager to share more traffic safety information with
residents.
City Council Work Session Minutes – July 26, 2021
3
City Manager Hokkanen reminded the City Council of the upcoming Urban Land Institute
workshop on August 9.
The meeting adjourned at 6:50 pm.
Submitted by Laurie Hokkanen
City Manager
Prepared by Kim Meuwissen
CHANHASSEN CITY COUNCIL
REGULAR MEETING
MINUTES
JULY 26, 2021
Mayor Ryan called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to
of Allegiance.
COUNCIL MEMBERS PRESENT: Mayor Ryan, Councilman Campion, Councilwoman
Rehm, Councilwoman Schubert, and Councilman McDonald.
COUNCIL MEMBERS ABSENT: None.
STAFF PRESENT: Laurie Hokkanen, City Manager; Kate Aanenson, Community
Development Director; Charlie Howley, Director of Public Works/City Engineer; Don Johnson,
Fire Chief; Lance Pearce, Police Lieutenant; and Andrea McDowell-Poehler, City Attorney.
PUBLIC PRESENT:
Balakrishna Chintaginjala 8982 SouthWest Village Loop, Chanhassen
Jack and Paula Atkins 220 West 78th Street, Chanhassen
Tim Litfin 749 Old Beach Lane, Waconia
Todd Degler 112131 Haering Lane, Chaska
Ellen Degler and Gayle Degler 9111 Audubon Road, Chanhassen
Mayor Ryan asked the City Council if there were any modifications or additions to the agenda.
After the roll call vote there were no changes to the published agenda.
PUBLIC ANNOUNCEMENTS: None.
CONSENT AGENDA: Councilman McDonald moved, Councilman Campion seconded
that the City Council approve the following consent agenda items pursuant to the City
Manager’s recommendations:
1. Approve City Council Minutes dated July 12, 2021
2. Receive Planning Commission Minutes dated July 6, 2021
3. Receive Environmental Commission Minutes dated June 9, 2021
4. Receive Economic Development Commission Minutes dated June 8, 2021
5. Approve Claims Paid 07-26-2021
6. Authorize 2021 Fleet Purchases
7. Approve Temporary On-Sale Liquor License, Chanhassen Rotary Club, Chanhassen Car
Show Parade on September 6, 2021
City Council Minutes – July 26, 2021
2
8. Approve Change Orders 1 through 12 to the Construction Contract with Lametti & Sons
for Project No. 20-02
9. Approve 2021 Recording Secretary Service Agreement with Timesaver Off Site
Secretarial, Inc.
10. Resolution 2021-37: Supporting Changes to FCC Regulations
11. Resolution 2021-38: Approve MN DNR Grant Resolution for Tree Removal and
Planting
12. Resolution 2021-39: Approve Public Streets & Utilities in West Park and West Park 2nd
Addition
13. Resolution 2021-40: Approve Scanning Services Contract
14. Resolution 2021-41: Supporting Highway 7 and Eureka Road Improvements
15. Resolution 2021-42: Accept Donation of $500 from Balakrishna Chintaginjala
16. Ordinance 673: Amend Chapter 4, Fees, Correcting Top Tier Commercial Water Utility
Rates
All voted in favor and the motion carried unanimously with a vote of 5 to 0.
Mayor Ryan wants to publicly acknowledge and thank Balakrishna Chintaginjala who was a
member of the Environmental Commission as well as the Park Advisory Committee and made a
donation of $500.
VISITOR PRESENTATIONS.
Mayor Ryan thanked all of the Fire Department and Sheriff’s Department for their service. She
said the last couple of months there have been some tragic deaths that have impacted this
community, some close to home, and some here tonight have been on those calls. Mayor Ryan
knows that they are all impacted whether they are on those calls or not, and that it deeply affects
their brothers and sisters in uniform in and around Chanhassen. She stated their jobs are not easy
and the emotional toll it takes on each and every one of them is real; clearly she is emotional
tonight thinking about the loss of life and the unspeakable new reality for these families. At the
same time, she wants all of them to know that she is filled with admiration and appreciation for
all of the work that each one of them does and she respects all of them.
1. Official Swearing In of (2) Fire Captains
Fire Chief Johnson invited Captain Cody Pribble and Captain Alyssa Ulrich forward to be
formally sworn in as Captains on the Chanhassen Fire Department.
Mayor Ryan led Captain Pribble and Captain Ulrich in the Oath of Office; Captain Pribble was
pinned by his wife and Captain Ulrich was pinned by her fiancé.
City Council Minutes – July 26, 2021
3
2. Recognize Retired Firefighter Jack Atkins for 30 Years of Service
Fire Chief Johnson asked Jack Atkins to approach the podium.
Mayor Ryan read Mr. Atkins’ history in Chanhassen aloud in the Chambers and thanked Paula
and the rest of the Atkins family for sharing Mr. Atkins with the City for over 30 years. Mayor
Ryan said Mr. Atkins’ experience, dedication, work ethic, and sense of humor will be greatly
missed around the department and Chanhassen, and stated on behalf of City Council and all of
the grateful residents he has served over the past 30 years: Thank you and Congratulations on
your much-deserved retirement!
Fire Chief Johnson also recognized Mr. Atkins’ humor and work ethic, noting he set a great
example for everyone and he was always there for them. The Fire Department presented the
Atkins family with some gifts including flowers, his badge, and his helmet.
The Relief Association also thanked Mr. Atkins and presented him with an axe for his service
with the City.
Mr. Atkins is incredibly proud of this organization and is incredibly proud of everyone on the
team.
Mrs. Atkins read a letter aloud that she wrote on June 29, 2014 to the editor of the Star Tribune
but did not send, honoring her husband and his service over the many years he has served.
3. Tour de Tonka 2021 - Tim Litfin, Minnetonka Community Education
Mr. Litfin said Tour de Tonka is around the corner and gave kudos to the wonderful Fire
Department as they help every year with the Tour de Tonka. He gave a presentation onscreen
noting they are doing well with advance registration and people are excited for the 16th Annual
Tour de Tonka. He thanked 2021 major sponsors and spoke about registration history, counties
and states with riders, and volunteers over the years for this all-ages event.
FIRE DEPARTMENT/LAW ENFORCEMENT UPDATE.
1. Fire Department Update
Chief Johnson noted the department responded to 91 calls for service, and it was a busy month
for fires as they only had 47 rescue responses with 6 motor vehicle accidents. They had 6 fire
responses, including the major loss fire on Lake Susan Hills Drive, a cooking fire, a portable
toilet fire, a construction dumpster fire, and a grass fire. He noted they are running close to the
numbers from the previous year. He shared updates from the 4th of July Celebration and the Fire
Department presence there.
City Council Minutes – July 26, 2021
4
2. Law Enforcement Update
Lieutenant Pearce presented that in June they had 767 patrol activity ICR’s for the month, 3
felony assaults, 30 fraud and theft complaints, and 7 drug offenses. For non-criminal offenses,
medical and suspicious activity topped the list which is typical. They had 26 driving complaints,
144 traffic stops, 33 crashes, wrote 53 citations, and had 3 DUIs as a result. Domestics in the
month of June are static; however, they had 4 domestic arrests over the past weekend. Mental
health numbers are relatively consistent to previous months. Fraud and theft complaints are up a
bit from previous years and they are tracking all of those numbers. He reported at the end of June
the investigations unit along with collaboration from State agencies attempted an internet
underage sex sting in the City of Chanhassen that resulted in no arrests. 4th of July activity
resulted in a minimal amount of calls for service with no major medical or criminal calls for
service. He updated the City Council on crimes of opportunity involving unlocked cars, fatal car
accidents in the County, and urged citizens to slow down and obey the traffic laws as most of the
crashes are attributed to speed and distracted driving. Lieutenant Pearce also noted on Saturday
the Sheriff’s Department responded to a rescue call at Lake Minnewashta and unfortunately the
missing 13-year-old victim was located about three hours later deceased in the lake. The
Sherriff’s office would like to thank the Chanhassen Fire Department and all of the other fire and
State agencies for their assistance on this call. This was a large scene and he truly appreciates
everyone’s efforts. He updated the City Council on body-worn cameras, training, and full rollout
by the end of the year.
Councilwoman Schubert was talking to some Eden Prairie police regarding drones and they said
that Chanhassen/Carver County Sheriffs are open to being called to use their drones. She asked
what would trigger the City to all Eden Prairie and ask for drone use?
Lieutenant Pearce noted Eden Prairie is one of several surrounding agencies that have drones that
the City has access to; they had a drone out on Saturday and there are a number of different
situations where they can utilize that tool, for example, if they need to look for someone.
Mayor Ryan asked to hear more about the sting operation.
Lieutenant Pearce said they collaborated with the Bureau of Criminal Apprehension (BCA) and a
number of different entities on an underage internet sex sting; these would involve people trying
to invite underage people to participate.
Mayor Ryan asked regarding the body cam rollout.
Lieutenant Pearce noted they will be doing a “train the trainer” event in September and the rest
of the deputies will be trained in October; they should have a full rollout by the end of the year.
Everyone working patrol will have body cams by the end of the year.
City Council Minutes – July 26, 2021
5
Mayor Ryan said there seems to be heightened concern in the area for things that have been
happening, some break-ins, and what happened at Target. She knows most of these are crimes of
opportunity and she asked if this is different from years past.
Lieutenant Pearce said there is a definite increase in the number of crimes they are seeing
compared to previous months. He will have to do a comparison to see if overall there is an
increase although he has a feeling they are increased. He does not think there has been a huge
spike but noted the last three weeks have been extremely busy for Chanhassen and the County.
He clarified there are a group of individuals that are coming to different communities to do these
crimes and traveling from community to community, and it is a limited number of people.
OLD BUSINESS
1. Resolution 2021-43: Award Consultant Contract for Facilities Planning Study
Mr. Howley gave a presentation and noted awarding this contract has supported many of the
strategic priorities including asset management, financial sustainability, and operational
excellence. He summarized the history of budget and a study added to the Capital Improvement
Plan in the fall of 2020, the strategic plan and priorities, a request for proposals (of which they
received nine), reviewed the proposals and performed oral interviews as a team. The consultant
that the team is recommending is Snow Kreilich Architects based out of Minneapolis and he
showed the core team on screen. He walked through Snow Kreichlich’s work plan including an
existing conditions summary, projection of space needs over 5, 10 and 20 years, and outlining
opportunities including City scale, property scale, and building scale. They will use a good,
better, best approach in their recommendations.
Councilman Campion moved, Councilman McDonald seconded that the City Council
authorizes entering into a contact with Snow Kreilich Architects for a Not-to-Exceed Fee of
$39,500 for completing a Facilities Planning Study. All voted in favor and the motion
carried unanimously with a vote of 5 to 0.
NEW BUSINESS
1. Ordinance XXX: Approve a Request to Amend City Code Chapters 1 and 20 to Define
"Agritainment"/"Agritourism"; Create Standards and Criteria for an Agritainment
Use as an Interim Use; Allow Agritainment Uses as an Interim Use in the Agricultural
Estate District; and Approve an Interim Use Permit for an Agritainment Use on
Property Located at 9111 Audubon Road
Ms. Aanenson presented and said the City Council may recall that Todd Degler approached them
under visitor presentation and action requests saying they were interested in moving forward
with using their property in an entertainment/agricultural opportunity. City Council asked them
to work with Staff and this is a result of that process. The item appeared before the Planning
City Council Minutes – July 26, 2021
6
Commission on July 6; part of the goal was defining Agritainment, use standards for interim use,
and reviewing the interim use permit (IUP) against this application. The property is zoned as A-2
but is also guided for Office Industrial, has municipal services to it, and is surrounded by the
Bluff Creek Primary Zone. Tonight the City Council will review an ordinance amending City
Code for defining Agritainment, review standards for interim use, and adding Agritainment as an
interim use in the A-2 District. Ms. Aanenson walked through other interim or conditional uses
on properties in the City, including the Mustard Seed, Golf Zone, Hagen Lawn and Landscape,
and Paisley Park. The definition of Agritainment events include hay rides, corn maze, hay maze,
petting zoo, farm animals, produce picking, historical farm tours, and normal farm activities and
demonstrations. Many other things were included by the Deglers and the City is trying to
separate that from the agricultural and educational part of it because there is no lighting up there
and with the overlay district they were concerned about where they are going with this. She
stated the City is trying to make sure they can manage the activities there and if it grew and was
successful they could measure, as with other projects. Staff then put together standards that were
applied. Ms. Aanenson walked the City Council through potential plans on screen, parking
rotations, and noted at the Planning Commission it was a 3-2 vote. Staff is recommending
approval with the modifications given.
Councilman McDonald read through the original definition and noted things were stricken out
such as a zipline and sleigh rides. Does that mean if someone wanted to do something like that
they would need to come back to City Council and they would need to look at a modification?
Ms. Aanenson thinks what they were trying to do under the broader categories of activities
including hay rides, corn mazes, etc., could be interpreted in some of those. She clarified they
went over axe throwing to cross country skiing to bike riding. If it relates to the agricultural
education part of it, some hay rides are part of the entertainment.
Councilman McDonald noted if it does not fit then someone would have to come back to Staff or
City Council and ask for an inclusion of whatever the activity was.
Ms. Aanenson replied they are inserting the words “Events and activities may include the
following” which may make it broader but she leaves it up to the City Attorney to agree with
that.
City Attorney McDowell-Poehler noted it would require an amendment if Staff felt that it was
not consistent with the ongoing agricultural use. At that point they would come in and ask for an
amendment to the zoning ordinance and the Interim Use Permit (IUP).
Councilwoman Rehm said under 19 it says if there is a question as to whether or not a use meets
the definition, the Community Development Director shall make that interpretation.
Ms. Aanenson replied that was removed as they felt it belonged at the City Council level.
City Council Minutes – July 26, 2021
7
Councilwoman Rehm asked how a business decides hours, noting she looked at Severs in
Shakopee and their hours were different depending on the day but the latest they were open on a
Saturday is 8:00 p.m. She did not see any businesses like this that were open until 9:00 p.m. and
she saw a letter from a neighbor who was concerned about families putting their children to bed
and whether it would be an issue with the noise.
Ms. Aanenson said they have done sunrise to sunset in the summer as obviously it is lighter out.
If the Applicant was doing sleigh rides in the winter time there would probably be shorter hours.
If the City Council wants to adjust that they may want to talk to the Applicant.
Mayor Ryan asked if lights are not allowed.
Ms. Aanenson said there are lights on the structures, barn, and the like but Ms. Aanenson is not
sure how far out they go into the fields.
Mayor Ryan asked in terms of the parking lot, there are areas identified as parking lots and she
asked if it is a requirement or recommendation that they be clearly articulated for traffic
movement, and they do not need to be paved.
Ms. Aanenson noted this is the first IUP that is not really defined. Hagen Lawn and Landscape
has gravel surface and everyone else has a striped, paved lot. The Applicant wants to be able to
move this around as they want to rotate crops; she said that will be their challenge to make sure
they are providing a safe in and out because the Fire Marshal will want that also.
Mayor Ryan said this is obviously an exciting opportunity and her concern is if the site plan has
more to do with managing parking, traffic control and building placement.
Ms. Aanenson replied that is correct, and making sure there are accessible porta potties, and clear
access in and out of the property for emergency purposes.
Mayor Ryan asked if there is an accountability piece.
Ms. Aanenson replied yes.
Todd Degler, Ellen Degler, and Gayle Degler, gave a presentation on screen.
Todd Degler gave a brief history of the farm and noted many in the family are teachers and
education is a huge component of what they do. The Applicant’s goals are to educate the
community, share their local outdoors with the public, provide a family-oriented experience,
maintain a commercially sustainable business by growing outside the traditional dairy and
horticulture operation, and have fun. He noted he walked away from the Planning Commission
wondering how to balance the dilemma between a small business wanting to innovate and
expand and having ordinances within the City that are specific enough to control and regulate.
City Council Minutes – July 26, 2021
8
Mr. Degler walked the City Council through some things he would like to change. He noted they
were trying to define the wrong word and said Agritourism is what the Deglers want to do and is
what they were trying to design, and they were coming up with something very close to
Agritourism but were calling it Agritainment. Minnesota Statute 604A-4 defines Agritourism
which means “activity carried out on a farm or ranch that allows organizations or members of the
general public, for recreational, entertainment, charitable, or educational purposes, to view,
enjoy, or participate in rural activities including, but not limited to: farming; viticulture;
winemaking; ranching; and historical, cultural, farm stay, gleaning, harvest-your-own, or natural
activities and attractions. An activity is an Agritourism activity whether or not the participant
pays to participate in the activity. Mr. Degler noted many family farms over the last 40 years are
shrinking and many farms are looking for other ways to generate revenue outside of the
traditional corn and soybeans commodity markets by opening up their land to do these new
activities, and these may include recreational, entertainment, and educational activities. Mr.
Degler offered a definition of Agritourism and suggested adding back the specific activities of
what is allowed, as well as agreeing to a five-year review to determine adjustments if the
application fees are waived on renewal if no changes are necessary. He presented other proposed
changes to the zoning ordinance amendment such as selling merchandise with the farm logo, and
changes to the IUP including changing the term from Agritainment to Agritourism and the
termination date.
Mayor Ryan suggested this item is tabled as she thinks there is still some work to be done
between the Applicant and Staff regarding the proposed changes. She also thinks it is very
important to have the City Attorney look at the language and how it applies; it puts City Council
in a challenging situation to navigate through these slides and make that interpretation without
having the appropriate people look through the recommendations as there are a lot of great ones.
She noted it is a big change from what the City Council read and prepared for in the packet and
she does not want to set them up to agree to something they may or may not totally understand.
Councilman McDonald seconded and noted this is a little too much to take on today. He is not
opposed to the changes but would like to see a final ordinance. He feels Staff should work with
the Applicant to adopt more of what they have brought in today. He thinks everyone needs some
time to go through this.
Councilman Campion agrees and said he would like to give Staff time to review the changes. He
asked if there are certain permissions needed for this fall.
Mr. Degler stated their opening date is Friday, September 17, 2021 and they would do the same
as the previous year. There are some parts of the ordinance such as parking that they can work
with.
Mayor Ryan encouraged the Applicant to work with Staff and said the primary concern is the
traffic and parking component. She noted a site plan helps the City Council to prepare and Staff
to make a recommendation.
City Council Minutes – July 26, 2021
9
Councilman McDonald moved, Councilman Campion seconded to table the agenda item to
give the Applicant and Staff time to put together something that brings together more of a
vision in common. He proposed it be ready for City Council to review and vote upon at the
August 9, 2021 meeting or the August 23, 2021 meeting. All voted in favor and the motion
carried unanimously with a vote of 5 to 0.
COUNCIL PRESENTATIONS.
Mayor Ryan thanked Ms. Hokkanen, Mr. Foster, and all of City Staff for the previous week
sharing the strategic plan with all of the City Staff. She noted there has been some frustration
amongst residents about access to watch the Olympics because of the ongoing negotiations
between Tegna and Kare 11. Residents have asked the City to step in and she noted they
approved a resolution tonight that they will send to State and Federal elected officials. Mayor
Ryan also reached out to them and heard from Congressman Phillips’ office who reached out to
the FCC to ask if something can be done to move negotiations forward or to allow access for a
temporary time during the Olympics. All the FCC could do is make sure both parties are
operating in good faith and trying to negotiate and they encouraged residents to buy an antenna if
they would like to watch the Olympics.
ADMINISTRATIVE PRESENTATIONS. None.
CORRESPONDENCE DISCUSSION
1. Water Supplier Notification Letter from DNR dated July 16, 2021
ADJOURNMENT
Councilman McDonald moved, Councilwoman Schubert seconded to adjourn the meeting.
All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City
Council meeting was adjourned at 9:08 p.m.
Submitted by Laurie Hokkanen
City Manager
Prepared by Kim Meuwissen
Office Manager
CITY COUNCIL STAFF REPORT
Monday, August 9, 2021
Subject Receive Park & Recreation Commission Minutes dated June 22, 2021
Section CONSENT AGENDA Item No: D.2.
Prepared By Kim Meuwissen, Office Manager File No:
PROPOSED MOTION
“The City Council receives the Park and Recreation Commission minutes dated June 22, 2021.”
Approval requires a Simple Majority Vote of members present.
ATTACHMENTS:
Park & Recreation Commission Minutes dated June 22, 2021
CHANHASSEN PARK AND
RECREATION COMMISSION
REGULAR MEETING
MINUTES
JUNE 22, 2021
Chairman Tsuchiya called the meeting to order at 7:01 p.m.
MEMBERS PRESENT: Karl Tsuchiya, Sandy Sweetser, Matt Kutz, Don Vasatka, Heather
Markert (arrived at 7:33 p.m.), Youth Commissioner Chaehyun Lee, and Scott Fischer.
MEMBERS ABSENT: Jim Peck.
STAFF PRESENT: Jerry Ruegemer, Park and Recreation Director; Priya Tandon, Recreation
Supervisor; Jodi Sarles, Recreation Center Manager; Mitchell Czech, Recreation Supervisor;
Adam Beers, Park Superintendent; and Mary Blazanin, Senior Center Coordinator.
APPROVAL OF AGENDA.
Commissioner Kutz moved, Commissioner Sweetser seconded to approve the agenda as
presented. All voted in favor and the motion carried unanimously with a vote of 5 to 0.
PUBLIC ANNOUNCEMENTS. None.
VISITOR PRESENTATIONS. None.
APPROVAL OF MINUTES.
APPROVE PARK & RECREATION MINUTES DATED MAY 27, 2021
Commissioner Kutz moved, Commissioner Fischer seconded to approve the Minutes of the
Park and Recreation Commission Meeting dated May 25, 2021 as presented. All voted in
favor and the motion carried unanimously with a vote of 5 to 0.
NEW BUSINESS. None.
OLD BUSINESS. None.
REPORTS.
1. 2021 4TH OF JULY CELEBRATION PREVIEW
Recreation Supervisor Priya Tandon shared the 4th of July flyer with all of the scheduled events
and gave an overview of the celebration. The event will be on July 2-4 in downtown Chanhassen,
mainly surrounding City Center Park and Lake Ann Park. Participation levels can reach up to
Park and Recreation Commission Minutes – June 22, 2021
2
70,000 people over the course of the three-day celebration and they anticipate great attendance
this year. With the release of the Governor’s Executive Order the City was able to proceed fully
with the celebration in a mostly pre-pandemic fashion. Events include a family fun night and
carnival including rides, Taste of Chanhassen and Beer Garden, Business Expo, live music, street
dance, fishing contests, medallion hunt, sand sculpture contest, classic car show, the 4th of July
parade, and the annual fireworks display. The City has partnered with many organizations and
utilized various communication tools to get notice out about the celebration. A few events such
as bingo, t-shirts, pony rides, and petting zoo will return in 2022. The celebration will remain
compliant with all of the most current guidelines set forth by the State and the Minnesota
Department of Health; there will be hand washing stations and hand sanitizer readily available.
Ms. Tandon noted they are trying to incorporate QR codes that will bring people to the City
website to find the full schedule of events, registrations, parade map, etcetera.
Chairman Tsuchiya asked with the beer sales at Lake Ann, is there any revenue splitting with the
Rotary Club?
Ms. Tandon noted there is not a revenue splitting arrangement at this time. She believes much of
the revenues goes towards their scholarships and community programs.
Park and Recreation Director Ruegemer noted this is on a trial basis at Lake Ann, they will try it
this year and reassess depending on success.
2. CHANHASSEN RECREATION CENTER QUARTERLY UPDATE
Recreation Center Manager Jodi Sarles noted the Recreation Center is under construction and
meeting room walls are being replaced so they are about 12 weeks out from having 4 separate
rooms again. There will be much better sound proofing and the funding for that is $80,000. They
are also very excited that all COVID-19 restrictions have been lifted and it is great to see so
many faces at the facility. Ms. Sarles noted she worked with Mary Blazanin to put together the
Great Start to Summer Pack the Bus donation drive for Bountiful Basket and raised 1,000 pounds
in food and over $300 for the organization. She noted many families are getting back out in
dance programs, safety and babysitting programs, Fit for Life, T-ball, and sports camps.
3. SENIOR CENTER QUARTERLY REPORT
Senior Center Coordinator Mary Blazanin said the Senior Center is up and running as of June 1,
2021. She noted people were pounding down the doors and are very excited to be back. Events
include game groups, bingo, lunches, classes, mahjong for beginners, an earth day presentation,
and a Nordic walking class. Ms. Blazanin noted the seniors really enjoy the hybrid option of in-
person or Zoom programming and she can get instructors from all over the country who can
teach. She stated they are also resuming Day Trips this year and have several events scheduled
for the fall.
Park and Recreation Commission Minutes – June 22, 2021
3
4. PARK MAINTENANCE QUARTERLY UPDATE
Park Superintendent Adam Beers shared they did not really slow down during COVID-19 and
worked with Southwest Christian High School this year for their Senior Day to do some work at
the Recreation Center doing mulching and weeding. There is also a new Chanhassen sign near
Highway 5 and West 78th Street which was done in-house by the maintenance crew. He noted
they have also been working on irrigation, concession buildings, fields, events, and are now
getting ready for the 4th of July carnival. Mr. Beers stated the Lake Susan basketball court was
also a 25-year old infrastructure and was part of the Capital Improvement Plan; they are still
waiting for the bituminous to cure before they do the striping and put in the basketball poles.
They also have new playgrounds going in at Pheasant Hill and Carver Beach Park. Mr. Beers
gave a shout out to the seasonal employees as they are a huge help.
Commissioner Kutz had a resident ask him about the field conditions and noted one soccer field
had an issue with some holes.
Mr. Beers said City Center Park is on school property and the maintenance team stripes the field,
mows, and fertilizes. He noted they have major compaction issues due to the 4th of July carnival
area and are working to prep the area for the traffic and afterwards will aerify, try to fill in the
holes, and pray for good weather.
Commissioner Kutz asked about the fertilization schedule.
Mr. Beers replied they fertilize Lake Ann, Lake Susan, Bandimere, and City Center Parks three
times a year. Neighborhood parks are typically not fertilized but they do try to spray broadleaf
weeds on a 2-3 year cycle as they do not have the budget or the staff.
Mr. Ruegemer clarified in previous years they have had substantial rain before or during the
carnival set up which led to a lot of the rut and compromised turf conditions. He noted Mr. Beers
and his crew does their best to identify those spots and get them filled back in and repaired,
although sometimes the grass grows in and it is tough to spot. That is why they rely on coaches
and spectators to let them know if there is a spot that needs filling and they will be happy to do
that as they want a safe playing condition for the community.
Commissioner Vasatka asked about irrigation and how they balance keeping turf and grass alive
versus saving water.
Mr. Beers replied Chanhassen is very fortunate, noting Victoria had a water ban but they did not
run into that; they are aware of what they are putting out and whether it is worth it or not to do it.
Only the community parks and downtown West 78th Street are irrigated and only the sports fields
themselves get water.
Park and Recreation Commission Minutes – June 22, 2021
4
Commissioner Vasatka asked if the systems adjust on their own or if the City has to go in and
turn them up and down as the weather changes.
Mr. Beers said they put a central control system during his first two years. At the time they had
six employees and one was running around 8 hours a day setting clocks which was very
inefficient. With the central control system Mr. Beers can do it all from his desk. He clarified it
is based on evapotranspiration (ET) rates so it will adjust to the set calendar and if they get a bit
of rain it will self-adjust.
COMMISSION MEMBER COMMITTEE REPORTS.
Chair Tsuchiya is very excited for the 4th of July celebration and his family is staying in town
because of it.
Commissioner Fischer asked the process of getting something approved before the Council.
Mr. Ruegemer replied first the Commission would have a discussion and if it warrants adding it
to a future agenda they could do that which would give Staff time to prepare a report. If it is a
programming matter, they can handle it right within this body; if it is an expenditure, it would
then be forwarded on the City Council for consideration.
The Council discussed doing a joint tour of the community parks and areas as has been done in
the past, as well as a sit-down with the City Council.
Commissioner Markert asked where they are with Prince’s land (The Park subdivision west of
Lake Ann).
Chair Tsuchiya replied they own it but there is not any money to do anything with it.
Mr. Ruegemer shared he will be presenting at the work session the following Monday on the
topic of the referendum. Their first successful bond referendum was in 1969 which was the
purchase of Lake Ann Park from the Welter Family. They will be going through that exercise
and discussing the direction the City Council would like to go.
COMMISSION MEMBER PRESENTATIONS. None.
ADMINISTRATIVE PACKET.
1. RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT 50TH
ANNIVERSARY CELEBRATION INVITATION
Park and Recreation Commission Minutes – June 22, 2021
5
ADJOURNMENT.
Commissioner Sweetser moved, Commissioner Kutz seconded to adjourn the meeting. All
voted in favor and the motion carried unanimously with a vote of 6 to 0. The Park and
Recreation Commission meeting was adjourned at 7:57 p.m.
Submitted by Jerry Ruegemer
Park and Recreation Director
Prepared by Kim Meuwissen
Office Manager
CITY COUNCIL STAFF REPORT
Monday, August 9, 2021
Subject Approve Claims Paid 08092021
Section CONSENT AGENDA Item No: D.3.
Prepared By Kelly Strey, Finance Director File No:
SUMMARY
The following claims are submitted for review and approval on August 9, 2021:
Check Numbers Amounts
175831 – 175889 $1,339,768.19
ACH Payments 333,803.13
Total All Claims $1,673,571.32
ATTACHMENTS:
Check Summary
Check Summary ACH
Check Detail
Check Detail ACH
Accounts Payable
User:
Printed:
dwashburn
7/30/2021 10:33 AM
Checks by Date - Summary by Check Number
Check No Check DateVendor NameVendor No Void Checks Check Amount
AMEPLA AMERICAN PLANNING ASSOCIATION 07/22/2021 0.00 403.00175831
AWWA AWWA 07/22/2021 0.00 405.00175832
BCATRA BCA 07/22/2021 0.00 60.00175833
CENENE CENTERPOINT ENERGY MINNEGASCO 07/22/2021 0.00 4.35175834
CenLin CenturyLink 07/22/2021 0.00 60.73175835
DonHom Donnay Homes 07/22/2021 0.00 3,650.00175836
GRABAR GRAYBAR 07/22/2021 0.00 8,997.84175837
HeaPar HealthPartners, Inc.07/22/2021 0.00 68,671.34175838
HENCOU HENNEPIN COUNTY 07/22/2021 0.00 25.00175839
INDSCH INDEPENDENT SCHOOL DIST 112 07/22/2021 0.00 11,569.80175840
JMSCUST JMS Custom Homes LLC 07/22/2021 0.00 1,500.00175841
K2Ele K2 Electrical Services Inc 07/22/2021 0.00 250.00175842
KriNara Narayanan Krishnamurthy 07/22/2021 0.00 250.00175843
LamSon Lametti & Sons Inc 07/22/2021 0.00 176,688.84175844
LECCON LECY BROS CONSTRUCTION INC 07/22/2021 0.00 250.00175845
Lennar Lennar 07/22/2021 0.00 1,052.55175846
MarJoe Roxana or Joey Martin 07/22/2021 0.00 250.00175847
NaaJess Jesse Naab 07/22/2021 0.00 250.00175848
NEWSIG NEWMAN SIGNS INC 07/22/2021 0.00 225.06175849
RAITRE RAINBOW TREE COMPANY 07/22/2021 0.00 135.00175850
RMBENV RMB Environmental Laboratories Inc 07/22/2021 0.00 104.00175851
SMHEN SM HENTGES & SONS 07/22/2021 0.00 553,701.24175852
SOULOC SOUTHWEST LOCK & KEY 07/22/2021 0.00 1,676.00175853
TimSav TimeSaver Off Site Secretarial, Inc 07/22/2021 0.00 223.00175854
WSDPER WS & D PERMIT SERVICE 07/22/2021 0.00 269.09175855
YurRic Richard Yurkovich 07/22/2021 0.00 600.00175856
GolMich Michelle Aldrich-Goldstein 07/29/2021 0.00 500.00175857
AMESEC American Security LLC 07/29/2021 0.00 1,350.00175858
APAGRO APACHE GROUP 07/29/2021 0.00 715.07175859
ASCAP ASCAP 07/29/2021 0.00 367.00175860
BOUMED BOUND TREE MEDICAL LLC 07/29/2021 0.00 955.11175861
BS&ASo BS & A Software 07/29/2021 0.00 1,628.00175862
CORMAI CORE & MAIN LP 07/29/2021 0.00 108.00175863
CustFir Customized Fire Rescue Training Inc 07/29/2021 0.00 1,300.00175864
EastDan Dan Eastman 07/29/2021 0.00 150.30175865
FACMOT FACTORY MOTOR PARTS COMPANY 07/29/2021 0.00 101.23175866
ferwat Ferguson Waterworks #2518 07/29/2021 0.00 48.00175867
GRELAK GREAT LAKES COCA-COLA DISTRIBUTION LLC07/29/2021 0.00 547.65175868
HelmLin Lindsay Helmla 07/29/2021 0.00 100.00175869
ITPROTV ITProTV 07/29/2021 0.00 890.00175870
KENGRA KENNEDY & GRAVEN, CHARTERED 07/29/2021 0.00 129.00175871
LanDav David Lane 07/29/2021 0.00 75.00175872
LANEQ1 Lano Equipment 07/29/2021 0.00 8,769.50175873
MCKMED McKesson Medical-Surgical Inc 07/29/2021 0.00 426.39175874
MetGar Metro Garage Door Company 07/29/2021 0.00 480.00175875
MINROA Minnesota Roadways Co 07/29/2021 0.00 246.05175876
NORASP NORTHWEST ASPHALT INC 07/29/2021 0.00 472,137.65175877
Page 1AP Checks by Date - Summary by Check Number (7/30/2021 10:33 AM)
Check No Check DateVendor NameVendor No Void Checks Check Amount
OlmBob Bob Olmsted 07/29/2021 0.00 100.00175878
PinPes Pinnacle Pest Control 07/29/2021 0.00 480.24175879
Pollar Pollard Water 07/29/2021 0.00 4,743.00175880
POST POSTMASTER 07/29/2021 0.00 1,175.76175881
PulEle Pulse Electric 07/29/2021 0.00 1,549.00175882
RicAla Richard Alan Productions 07/29/2021 0.00 400.00175883
RMBENV RMB Environmental Laboratories Inc 07/29/2021 0.00 104.00175884
SHEWIL SHERWIN WILLIAMS 07/29/2021 0.00 357.64175885
Sonic Sonic Window Washing 07/29/2021 0.00 3,500.00175886
VIKELE VIKING ELECTRIC SUPPLY 07/29/2021 0.00 321.34175887
vosutl Voss Utility & Plumbing 07/29/2021 0.00 4,375.00175888
RenBy Renewal By Anderson 07/29/2021 0.00 366.42175889
Report Total (59 checks): 1,339,768.19 0.00
Page 2AP Checks by Date - Summary by Check Number (7/30/2021 10:33 AM)
Accounts Payable
Checks by Date - Summary by Check
User: dwashburn
Printed: 7/30/2021 10:34 AM
Check No Vendor No Vendor Name Check Date Void Checks Check Amount
ACH BENEXT BENEFIT EXTRAS INC 07/22/2021
0.00 340.35
ACH carcou Carver County 07/22/2021
0.00 1,150.00
ACH DelDen Delta Dental 07/22/2021
0.00 2,866.20
ACH FASCOM FASTENAL COMPANY 07/22/2021
0.00 17.54
ACH Avesis Fidelity Security Life 07/22/2021
0.00 280.66
ACH GSSys GS Systems, Inc. 07/22/2021
0.00 12,410.00
ACH HANTHO HANSEN THORP PELLINEN OLSON 07/22/2021
0.00 1,078.00
ACH HAWCHE HAWKINS CHEMICAL 07/22/2021
0.00 4,004.93
ACH LOCSUP LOCATORS AND SUPPLIES INC 07/22/2021
0.00 414.78
ACH METCO Metropolitan Council, Env Svcs 07/22/2021
0.00 7,380.45
ACH MinEqu Minnesota Equipment 07/22/2021
0.00 22.98
ACH MNLABO MN DEPT OF LABOR AND INDUSTRY 07/22/2021
0.00 6,804.96
ACH MVEC MN VALLEY ELECTRIC COOP 07/22/2021
0.00 89.60
ACH MOSBAR MOSS & BARNETT 07/22/2021
0.00 2,135.00
ACH PotMN Potentia MN Solar 07/22/2021
0.00 10,054.06
ACH PreWat Premium Waters, Inc 07/22/2021
0.00 75.39
ACH ProTec Pro-Tec Design, Inc. 07/22/2021
0.00 3,092.00
ACH SPRPCS SPRINT PCS 07/22/2021
0.00 103.44
ACH TarLea TargetSolutions Learning, LLC 07/22/2021
0.00 4,615.02
ACH WATSON WATSON COMPANY 07/22/2021
0.00 347.14
ACH WMMUE WM MUELLER & SONS INC 07/22/2021
0.00 1,056.18
ACH XCEL XCEL ENERGY INC 07/22/2021
0.00 14,413.82
ACH AdvEng Advanced Engineering & Environmental Services, LLC 07/29/2021
0.00 5,810.75
ACH BOYTRU Boyer Ford Trucks 07/29/2021
0.00 52.50
ACH CarGra CarteGraph Systems 07/29/2021
0.00 14,900.00
ACH carcou Carver County 07/29/2021
0.00 100.00
ACH ColFun Colliers Funding, LLC 07/29/2021
0.00 149,103.21
ACH ColLif Colonial Life & Accident Insurance Co 07/29/2021
0.00 67.80
ACH FASCOM FASTENAL COMPANY 07/29/2021
0.00 1,707.89
ACH HOOPTHRE Hoops & Threads LLC 07/29/2021
0.00 36.00
ACH IMPPOR IMPERIAL PORTA PALACE 07/29/2021
0.00 5,115.45
ACH BENSKAYE KAYE L BENSON 07/29/2021
0.00 616.00
ACH LAKPRO LAKESIDE PROMOTIONS LLC 07/29/2021
0.00 116.00
ACH LOCSUP LOCATORS AND SUPPLIES INC 07/29/2021
0.00 444.02
ACH ManOil Mansfield Oil Company 07/29/2021
0.00 17,661.84
ACH MatTri Matheson Tri-Gas, Inc. 07/29/2021
0.00 369.85
ACH MinEqu Minnesota Equipment 07/29/2021
0.00 22.98
ACH MVEC MN VALLEY ELECTRIC COOP 07/29/2021
0.00 133.31
ACH NAPA NAPA AUTO & TRUCK PARTS 07/29/2021
0.00 520.25
ACH NorAmerS North American Safety, Inc. 07/29/2021
0.00 199.80
ACH PEABRO PEARSON BROTHERS INC 07/29/2021
0.00 9,889.20
ACH PRARES PRAIRIE RESTORATIONS INC 07/29/2021
0.00 630.00
ACH ProTec Pro-Tec Design, Inc. 07/29/2021
0.00 229.50
ACH RenBy Renewal By Anderson 07/29/2021 VOID
366.42 0.00
ACH TouPoi TouchPoint Logic LLC 07/29/2021
0.00 487.50
ACH WarLit Warning Lites of Minnesota, Inc. 07/29/2021
0.00 2,264.00
ACH WATSON WATSON COMPANY 07/29/2021
0.00 176.85
ACH WMMUE WM MUELLER & SONS INC 07/29/2021
0.00 2,045.99
ACH XCEL XCEL ENERGY INC 07/29/2021
0.00 48,349.94
Report Total: 366.42 333,803.13
Page 1 of 1
Accounts Payable
Check Detail-Checks
User: dwashburn
Printed: 07/30/2021 - 10:40 AM
Name Check Da Account Description Amount
Aldrich-Goldstein Michelle 07/29/2021 101-1620-4300 Concert Series Performance 500.00
Aldrich-Goldstein Michelle 500.00
AMERICAN PLANNING ASSOCIATION 07/22/2021 101-1420-4360 APA Membership 403.00
AMERICAN PLANNING ASSOCIATION 403.00
American Security LLC 07/29/2021 101-1613-4300 Guard Services 720.00
American Security LLC 07/29/2021 101-1613-4300 Guard Services 630.00
American Security LLC 1,350.00
APACHE GROUP 07/29/2021 101-1170-4110 Office Supplies 715.07
APACHE GROUP 715.07
ASCAP 07/29/2021 101-1530-4300 License Renewal 367.00
ASCAP 367.00
AWWA 07/22/2021 700-0000-4370 Conference 405.00
AWWA 405.00
BCA 07/22/2021 101-1120-4300 Criminal Background Investigation 60.00
BCA 60.00
BOUND TREE MEDICAL LLC 07/29/2021 201-0000-4705 Equipment 647.96
BOUND TREE MEDICAL LLC 07/29/2021 101-1220-4130 Medical Supplies 145.16
BOUND TREE MEDICAL LLC 07/29/2021 101-1220-4130 Medical Supplies 161.99
BOUND TREE MEDICAL LLC 955.11
BS & A Software 07/29/2021 101-1160-4300 Permit Application Fee 1,628.00
BS & A Software 1,628.00
CENTERPOINT ENERGY MINNEGASCO 07/22/2021 101-1220-4320 Monthly Service -13.93
CENTERPOINT ENERGY MINNEGASCO 07/22/2021 101-1530-4320 Monthly Service 14.00
CENTERPOINT ENERGY MINNEGASCO 07/22/2021 101-1171-4320 Monthly Service 4.28
CENTERPOINT ENERGY MINNEGASCO 4.35
CenturyLink 07/22/2021 700-7043-4310 Monthly Service 60.73
Accounts Payable - Check Detail-Checks (07/30/2021 - 10:40 AM)Page 1 of 6
Name Check Da Account Description Amount
CenturyLink 60.73
CORE & MAIN LP 07/29/2021 700-0000-4550 Hydrant Paint 108.00
CORE & MAIN LP 108.00
Customized Fire Rescue Training Inc 07/29/2021 101-1220-4370 Fire Training 1,300.00
Customized Fire Rescue Training Inc 1,300.00
Donnay Homes 07/22/2021 101-0000-2073 Permit # 2019-02256 - 7555 Fawn Hill Road 3,650.00
Donnay Homes 3,650.00
Eastman Dan 07/29/2021 101-1220-4510 Retractable Extension Cord Reels for Station 1 150.30
Eastman Dan 150.30
FACTORY MOTOR PARTS COMPANY 07/29/2021 101-1550-4140 Supplies 101.23
FACTORY MOTOR PARTS COMPANY 101.23
Ferguson Waterworks #2518 07/29/2021 700-0000-4250 Supplies 48.00
Ferguson Waterworks #2518 48.00
GRAYBAR 07/22/2021 101-1350-4120 Supplies 8,997.84
GRAYBAR 8,997.84
GREAT LAKES COCA-COLA DISTRIBUTION LLC07/29/2021 101-1540-4130 Supplies 547.65
GREAT LAKES COCA-COLA DISTRIBUTION LLC 547.65
HealthPartners, Inc.07/22/2021 701-0000-2012 August Health Premium 1,503.46
HealthPartners, Inc.07/22/2021 720-0000-2013 August Health Premium 1,455.99
HealthPartners, Inc.07/22/2021 101-0000-2012 August Health Premium 32,258.95
HealthPartners, Inc.07/22/2021 210-0000-2012 August Health Premium 395.53
HealthPartners, Inc.07/22/2021 700-0000-2012 August Health Premium 3,955.28
HealthPartners, Inc.07/22/2021 701-0000-2012 August Health Premium 3,955.28
HealthPartners, Inc.07/22/2021 720-0000-2012 August Health Premium 2,151.66
HealthPartners, Inc.07/22/2021 101-0000-2012 August Health Premium 17,693.49
HealthPartners, Inc.07/22/2021 101-0000-2012 August Health Premium 633.04
HealthPartners, Inc.07/22/2021 210-0000-2012 August Health Premium 1,899.12
HealthPartners, Inc.07/22/2021 700-0000-2012 August Health Premium 2,769.54
HealthPartners, Inc. 68,671.34
Helmla Lindsay 07/29/2021 101-1310-3629 Encroachment Refund 100.00
Helmla Lindsay 100.00
HENNEPIN COUNTY 07/22/2021 101-1150-4300 Annual Billing 25.00
HENNEPIN COUNTY 25.00
Accounts Payable - Check Detail-Checks (07/30/2021 - 10:40 AM)Page 2 of 6
Name Check Da Account Description Amount
INDEPENDENT SCHOOL DIST 112 07/22/2021 101-1530-4320 Utility Cost - April 2021 - June 2021 11,569.80
INDEPENDENT SCHOOL DIST 112 11,569.80
ITProTV 07/29/2021 101-1160-4370 IT Pro TV Subscription - Melissa H 445.00
ITProTV 07/29/2021 101-1160-4370 IT Pro TV Subscription - Matt K 445.00
ITProTV 890.00
JMS Custom Homes LLC 07/22/2021 101-0000-2075 Landscape Escrow - 7525 Fawn Hill 750.00
JMS Custom Homes LLC 07/22/2021 101-0000-2075 Landscape Escrow - 7535 Fawn Hill 750.00
JMS Custom Homes LLC 1,500.00
K2 Electrical Services Inc 07/22/2021 101-1550-4300 Service Work 250.00
K2 Electrical Services Inc 250.00
KENNEDY & GRAVEN, CHARTERED 07/29/2021 101-1140-4302 Professional Services 129.00
KENNEDY & GRAVEN, CHARTERED 129.00
Krishnamurthy Narayanan 07/22/2021 101-0000-2073 Permit # 2021-03823 - 6270 Chaska Road 250.00
Krishnamurthy Narayanan 250.00
Lametti & Sons Inc 07/22/2021 601-6043-4751 Minnewashta Parkway Rehab 176,688.84
Lametti & Sons Inc 176,688.84
Lane David 07/29/2021 101-1539-4300 Pickleball Lesson 75.00
Lane David 75.00
Lano Equipment 07/29/2021 400-0000-4705 Bobcat 8,769.50
Lano Equipment 8,769.50
LECY BROS CONSTRUCTION INC 07/22/2021 101-0000-2073 Permit # 2021-01694 - 6825 Ruby Lane 250.00
LECY BROS CONSTRUCTION INC 250.00
Lennar 07/22/2021 101-0000-2033 Permit # P2021-03249 - 2000 Paisley Path 1,052.55
Lennar 1,052.55
Martin Roxana or Joey 07/22/2021 101-0000-2073 Permit # 2020-03189 - 4107 Red Oak Lane 250.00
Martin Roxana or Joey 250.00
McKesson Medical-Surgical Inc 07/29/2021 201-0000-4705 Medical Equipment 426.39
McKesson Medical-Surgical Inc 426.39
Metro Garage Door Company 07/29/2021 101-1370-4510 Service Work 480.00
Accounts Payable - Check Detail-Checks (07/30/2021 - 10:40 AM)Page 3 of 6
Name Check Da Account Description Amount
Metro Garage Door Company 480.00
Minnesota Roadways Co 07/29/2021 420-0000-4150 Materials 246.05
Minnesota Roadways Co 246.05
Naab Jesse 07/22/2021 101-0000-2073 Permit # 2021-02059 - 7264 Rogers Court 250.00
Naab Jesse 250.00
NEWMAN SIGNS INC 07/22/2021 101-1320-4560 Safety Signs 225.06
NEWMAN SIGNS INC 225.06
NORTHWEST ASPHALT INC 07/29/2021 601-6047-4751 2021 City Pavement Rehab 472,137.65
NORTHWEST ASPHALT INC 472,137.65
Olmsted Bob 07/29/2021 720-7204-4901 Waterwise Rebate 100.00
Olmsted Bob 100.00
Pinnacle Pest Control 07/29/2021 701-0000-4510 Treatments 240.12
Pinnacle Pest Control 07/29/2021 700-0000-4510 Treatments 240.12
Pinnacle Pest Control 480.24
Pollard Water 07/29/2021 701-0000-4260 Tools 2,371.50
Pollard Water 07/29/2021 700-0000-4260 Tools 2,371.50
Pollard Water 4,743.00
POSTMASTER 07/29/2021 700-0000-4330 Postage 439.99
POSTMASTER 07/29/2021 701-0000-4330 Postage 439.99
POSTMASTER 07/29/2021 700-0000-4330 Postage 147.89
POSTMASTER 07/29/2021 701-0000-4330 Postage 147.89
POSTMASTER 1,175.76
Pulse Electric 07/29/2021 210-0000-4706 Service Work - Office Remodeling 1,549.00
Pulse Electric 1,549.00
RAINBOW TREE COMPANY 07/22/2021 720-7202-4300 Treatment for City Hall Pines 135.00
RAINBOW TREE COMPANY 135.00
Renewal By Anderson 07/29/2021 101-1250-3301 permit refund-529 Mission Hlls Dr 268.09
Renewal By Anderson 07/29/2021 101-1250-3301 permit refund-8799 N Bay Dr 98.33
Renewal By Anderson 366.42
Richard Alan Productions 07/29/2021 101-1620-4300 Concert Series Performance 400.00
Richard Alan Productions 400.00
Accounts Payable - Check Detail-Checks (07/30/2021 - 10:40 AM)Page 4 of 6
Name Check Da Account Description Amount
RMB Environmental Laboratories Inc 07/22/2021 720-0000-4300 Beach Monitoring 104.00
RMB Environmental Laboratories Inc 07/29/2021 720-0000-4300 Beach Monitoring 104.00
RMB Environmental Laboratories Inc 208.00
SHERWIN WILLIAMS 07/29/2021 101-1550-4150 Materials 38.73
SHERWIN WILLIAMS 07/29/2021 101-1550-4150 Materials 38.73
SHERWIN WILLIAMS 07/29/2021 420-0000-4150 Materials 318.90
SHERWIN WILLIAMS 07/29/2021 210-0000-4706 Materials 41.77
SHERWIN WILLIAMS 07/29/2021 420-0000-4150 Materials 30.00
SHERWIN WILLIAMS 07/29/2021 700-0000-4150 Materials - Return -232.47
SHERWIN WILLIAMS 07/29/2021 700-0000-4150 Materials 37.46
SHERWIN WILLIAMS 07/29/2021 700-0000-4550 Materials - return -232.47
SHERWIN WILLIAMS 07/29/2021 101-1550-4150 Materials 162.99
SHERWIN WILLIAMS 07/29/2021 420-0000-4150 Materials 22.66
SHERWIN WILLIAMS 07/29/2021 420-0000-4150 Materials 37.18
SHERWIN WILLIAMS 07/29/2021 101-1320-4120 Materials 14.99
SHERWIN WILLIAMS 07/29/2021 420-0000-4150 Materials 79.17
SHERWIN WILLIAMS 357.64
SM HENTGES & SONS 07/22/2021 605-6503-4751 CSAH 101 Improvemnt 165,552.00
SM HENTGES & SONS 07/22/2021 605-6502-4751 CSAH 101 Improvemnt 388,149.24
SM HENTGES & SONS 553,701.24
Sonic Window Washing 07/29/2021 101-0000-2076 Water Meter Return 3,500.00
Sonic Window Washing 3,500.00
SOUTHWEST LOCK & KEY 07/22/2021 101-1220-4120 Service Work 218.00
SOUTHWEST LOCK & KEY 07/22/2021 101-1220-4120 Service Work 218.00
SOUTHWEST LOCK & KEY 07/22/2021 101-1170-4120 Service Work 468.00
SOUTHWEST LOCK & KEY 07/22/2021 101-1170-4120 Service Work 203.00
SOUTHWEST LOCK & KEY 07/22/2021 101-1170-4120 Service Work 569.00
SOUTHWEST LOCK & KEY 1,676.00
TimeSaver Off Site Secretarial, Inc 07/22/2021 210-0000-4300 City Council Meeting 223.00
TimeSaver Off Site Secretarial, Inc 223.00
VIKING ELECTRIC SUPPLY 07/29/2021 701-7025-4751 Service Work 168.45
VIKING ELECTRIC SUPPLY 07/29/2021 701-7025-4751 Service Work 43.60
VIKING ELECTRIC SUPPLY 07/29/2021 701-7025-4751 Service Work 109.29
VIKING ELECTRIC SUPPLY 321.34
Voss Utility & Plumbing 07/29/2021 700-0000-4550 Service Work 4,375.00
Voss Utility & Plumbing 4,375.00
WS & D PERMIT SERVICE 07/22/2021 101-1250-3301 Permit Refund - Permit 2021-02974 - 6330Trapline 269.09
WS & D PERMIT SERVICE 269.09
Accounts Payable - Check Detail-Checks (07/30/2021 - 10:40 AM)Page 5 of 6
Name Check Da Account Description Amount
Yurkovich Richard 07/22/2021 101-1620-4300 Concert Series Performance 600.00
Yurkovich Richard 600.00
1,339,768.19
Accounts Payable - Check Detail-Checks (07/30/2021 - 10:40 AM)Page 6 of 6
Accounts Payable
Check Detail-ACH
User: dwashburn
Printed: 07/30/2021 - 10:41 AM
Name Check Da Account Description Amount
Advanced Engineering & Environmental Services, LLC 07/29/2021 700-0000-4300 SCADA Services 4,722.75
Advanced Engineering & Environmental Services, LLC 07/29/2021 700-0000-4300 AWIA Compliance 1,088.00
Advanced Engineering & Environmental Services, LLC 5,810.75
BENEFIT EXTRAS INC 07/22/2021 101-0000-2012 Health Insurance 39.00
BENEFIT EXTRAS INC 07/22/2021 101-1120-4300 Health Insurance 301.35
BENEFIT EXTRAS INC 340.35
BENSON KAYE L 07/29/2021 101-1539-4300 Fit for Life Instructor 616.00
BENSON KAYE L 616.00
Boyer Ford Trucks 07/29/2021 101-1320-4140 Supplies 52.50
Boyer Ford Trucks 52.50
CarteGraph Systems 07/29/2021 101-1160-4300 SeeClickFix Implementation 5,300.00
CarteGraph Systems 07/29/2021 101-1160-4300 Cartegraph SeeClickFix 9,600.00
CarteGraph Systems 14,900.00
Carver County 07/22/2021 700-7043-4320 Carver Fiber - WWTP / W-3 / LS-24 July 575.00
Carver County 07/22/2021 101-1160-4320 CarverLink Internet / Fiber - July 575.00
Carver County 07/29/2021 101-1210-4300 Investigation on Liquor License 100.00
Carver County 1,250.00
Colliers Funding, LLC 07/29/2021 480-0000-4804 Pay-Go Note 149,103.21
Colliers Funding, LLC 149,103.21
Colonial Life & Accident Insurance Co 07/29/2021 101-0000-2008 July, 2021 37.20
Colonial Life & Accident Insurance Co 07/29/2021 700-0000-2008 July, 2021 15.30
Colonial Life & Accident Insurance Co 07/29/2021 701-0000-2008 July, 2021 15.30
Colonial Life & Accident Insurance Co 67.80
Delta Dental 07/22/2021 101-0000-2013 August, 2021 Dental 2,037.41
Delta Dental 07/22/2021 101-0000-2013 August, 2021 Dental 30.20
Delta Dental 07/22/2021 210-0000-2013 August, 2021 Dental 30.20
Delta Dental 07/22/2021 700-0000-2013 August, 2021 Dental 313.72
Delta Dental 07/22/2021 701-0000-2013 August, 2021 Dental 253.33
Delta Dental 07/22/2021 720-0000-2013 August, 2021 Dental 201.34
Accounts Payable - Check Detail-ACH (07/30/2021 - 10:41 AM)Page 1 of 5
Name Check Da Account Description Amount
Delta Dental 2,866.20
FASTENAL COMPANY 07/22/2021 101-1320-4150 Materials 12.27
FASTENAL COMPANY 07/22/2021 101-1320-4150 Materials 5.27
FASTENAL COMPANY 07/29/2021 101-1320-4120 Supplies 10.50
FASTENAL COMPANY 07/29/2021 101-1550-4120 Supplies 112.20
FASTENAL COMPANY 07/29/2021 700-0000-4120 Supplies 528.40
FASTENAL COMPANY 07/29/2021 101-1320-4120 Supplies 528.40
FASTENAL COMPANY 07/29/2021 101-1550-4120 Supplies 528.39
FASTENAL COMPANY 1,725.43
Fidelity Security Life 07/22/2021 700-0000-2007 August 2021 vision 22.51
Fidelity Security Life 07/22/2021 701-0000-2007 August 2021 vision 16.25
Fidelity Security Life 07/22/2021 101-0000-2007 August 2021 vision 232.77
Fidelity Security Life 07/22/2021 720-0000-2007 August 2021 vision 9.13
Fidelity Security Life 280.66
GS Systems, Inc.07/22/2021 700-0000-4360 Software Maintenance 6,205.00
GS Systems, Inc.07/22/2021 701-0000-4360 Software Maintenance 6,205.00
GS Systems, Inc. 12,410.00
HANSEN THORP PELLINEN OLSON 07/22/2021 400-0000-1155 Lotus Woods Development 1,078.00
HANSEN THORP PELLINEN OLSON 1,078.00
HAWKINS CHEMICAL 07/22/2021 700-7019-4160 Chemicals 4,004.93
HAWKINS CHEMICAL 4,004.93
Hoops & Threads LLC 07/29/2021 700-0000-4240 Custom Embroidery 36.00
Hoops & Threads LLC 36.00
IMPERIAL PORTA PALACE 07/29/2021 101-1613-4400 Portable Restrooms 5,115.45
IMPERIAL PORTA PALACE 5,115.45
LAKESIDE PROMOTIONS LLC 07/29/2021 101-1250-4240 Apparel 81.00
LAKESIDE PROMOTIONS LLC 07/29/2021 101-1120-4375 Apparel 35.00
LAKESIDE PROMOTIONS LLC 116.00
LOCATORS AND SUPPLIES INC 07/22/2021 700-0000-4550 Hydrant Paint 414.78
LOCATORS AND SUPPLIES INC 07/29/2021 700-0000-4150 Materials 222.01
LOCATORS AND SUPPLIES INC 07/29/2021 701-0000-4150 Materials 222.01
LOCATORS AND SUPPLIES INC 858.80
Mansfield Oil Company 07/29/2021 101-1370-4170 Oil 2,244.91
Mansfield Oil Company 07/29/2021 101-1370-4170 Oil 2,113.06
Mansfield Oil Company 07/29/2021 101-1370-4170 Oil 4,824.30
Mansfield Oil Company 07/29/2021 101-1370-4170 Oil 8,479.57
Accounts Payable - Check Detail-ACH (07/30/2021 - 10:41 AM)Page 2 of 5
Name Check Da Account Description Amount
Mansfield Oil Company 17,661.84
Matheson Tri-Gas, Inc.07/29/2021 101-1370-4170 Lubricants 127.05
Matheson Tri-Gas, Inc.07/29/2021 101-1550-4120 Supplies 127.71
Matheson Tri-Gas, Inc.07/29/2021 101-1550-4120 Supplies 97.26
Matheson Tri-Gas, Inc.07/29/2021 101-1370-4120 Supplies 17.83
Matheson Tri-Gas, Inc. 369.85
Metropolitan Council, Env Svcs 07/22/2021 701-0000-2023 June SAC 39,760.00
Metropolitan Council, Env Svcs 07/22/2021 101-1250-3816 June SAC -74.55
Metropolitan Council, Env Svcs 07/22/2021 701-0000-2025 June SAC -32,305.00
Metropolitan Council, Env Svcs 7,380.45
Minnesota Equipment 07/22/2021 101-1550-4120 Supplies 22.98
Minnesota Equipment 07/29/2021 101-1550-4120 Supplies 22.98
Minnesota Equipment 45.96
MN DEPT OF LABOR AND INDUSTRY 07/22/2021 101-1250-3818 June building report -139.01
MN DEPT OF LABOR AND INDUSTRY 07/22/2021 101-0000-2022 June building report 6,943.97
MN DEPT OF LABOR AND INDUSTRY 6,804.96
MN VALLEY ELECTRIC COOP 07/22/2021 101-1350-4320 Monthly Service 89.60
MN VALLEY ELECTRIC COOP 07/29/2021 101-1350-4320 Utilities 31.90
MN VALLEY ELECTRIC COOP 07/29/2021 101-1350-4320 Utilities 101.41
MN VALLEY ELECTRIC COOP 222.91
MOSS & BARNETT 07/22/2021 210-0000-1193 Professional Services 2,135.00
MOSS & BARNETT 2,135.00
NAPA AUTO & TRUCK PARTS 07/29/2021 101-1170-4120 Supplies 47.50
NAPA AUTO & TRUCK PARTS 07/29/2021 101-1550-4120 Supplies 61.79
NAPA AUTO & TRUCK PARTS 07/29/2021 101-1320-4120 Supplies - return -23.31
NAPA AUTO & TRUCK PARTS 07/29/2021 701-0000-4120 Supplies 155.60
NAPA AUTO & TRUCK PARTS 07/29/2021 101-1320-4120 Supplies 15.28
NAPA AUTO & TRUCK PARTS 07/29/2021 700-0000-4140 Supplies 200.53
NAPA AUTO & TRUCK PARTS 07/29/2021 700-0000-4120 Supplies 53.87
NAPA AUTO & TRUCK PARTS 07/29/2021 101-1550-4120 Supplies 8.99
NAPA AUTO & TRUCK PARTS 520.25
North American Safety, Inc.07/29/2021 700-0000-4240 Safety Vest 99.90
North American Safety, Inc.07/29/2021 701-0000-4240 Safety Vest 99.90
North American Safety, Inc. 199.80
PEARSON BROTHERS INC 07/29/2021 420-4224-4751 2020 Sealcoat 9,889.20
PEARSON BROTHERS INC 9,889.20
Potentia MN Solar 07/22/2021 700-0000-4320 Monthly Service 2,336.05
Accounts Payable - Check Detail-ACH (07/30/2021 - 10:41 AM)Page 3 of 5
Name Check Da Account Description Amount
Potentia MN Solar 07/22/2021 101-1190-4320 Monthly Service 4,357.73
Potentia MN Solar 07/22/2021 101-1170-4320 Monthly Service 3,360.28
Potentia MN Solar 10,054.06
PRAIRIE RESTORATIONS INC 07/29/2021 720-7202-4300 WWTP Prairie Management 630.00
PRAIRIE RESTORATIONS INC 630.00
Premium Waters, Inc 07/22/2021 101-1550-4120 Water Service 75.39
Premium Waters, Inc 75.39
Pro-Tec Design, Inc.07/22/2021 400-4148-4703 WinDSX SQL Upgrade and Install 3,092.00
Pro-Tec Design, Inc.07/29/2021 101-1160-4300 Support 229.50
Pro-Tec Design, Inc. 3,321.50
SPRINT PCS 07/22/2021 700-0000-4310 Monthly Service 51.72
SPRINT PCS 07/22/2021 701-0000-4310 Monthly Service 51.72
SPRINT PCS 103.44
TargetSolutions Learning, LLC 07/22/2021 101-1220-4300 Membership/Maintenance Fee 395.00
TargetSolutions Learning, LLC 07/22/2021 101-1220-4370 Membership/Maintenance Fee 4,220.02
TargetSolutions Learning, LLC 4,615.02
TouchPoint Logic LLC 07/29/2021 210-0000-4300 Mic in Council Chambers / Senior Center 332.50
TouchPoint Logic LLC 07/29/2021 101-1160-4300 Mic in Council Chambers / Senior Center 155.00
TouchPoint Logic LLC 487.50
Warning Lites of Minnesota, Inc.07/29/2021 101-1613-4410 Rental 2,264.00
Warning Lites of Minnesota, Inc. 2,264.00
WATSON COMPANY 07/22/2021 101-1540-4130 Concession Supplies 347.14
WATSON COMPANY 07/29/2021 101-1540-4130 Supplies 176.85
WATSON COMPANY 523.99
WM MUELLER & SONS INC 07/22/2021 420-0000-4150 Materials 702.96
WM MUELLER & SONS INC 07/22/2021 420-0000-4150 Materials 353.22
WM MUELLER & SONS INC 07/29/2021 420-0000-4150 Materials 179.22
WM MUELLER & SONS INC 07/29/2021 700-0000-4550 Materials 35.00
WM MUELLER & SONS INC 07/29/2021 420-0000-4150 Materials 216.63
WM MUELLER & SONS INC 07/29/2021 700-0000-4550 Materials 343.85
WM MUELLER & SONS INC 07/29/2021 700-0000-4150 Materials 49.00
WM MUELLER & SONS INC 07/29/2021 700-0000-4150 Materials 474.09
WM MUELLER & SONS INC 07/29/2021 420-0000-4150 Materials 748.20
WM MUELLER & SONS INC 3,102.17
XCEL ENERGY INC 07/22/2021 700-0000-4320 Monthly Service 5,605.46
XCEL ENERGY INC 07/22/2021 700-0000-4320 Monthly Services 8,808.36
XCEL ENERGY INC 07/29/2021 101-1170-4320 Monthly Service -1,234.48
Accounts Payable - Check Detail-ACH (07/30/2021 - 10:41 AM)Page 4 of 5
Name Check Da Account Description Amount
XCEL ENERGY INC 07/29/2021 101-1190-4320 Monthly Service 135.39
XCEL ENERGY INC 07/29/2021 101-1220-4320 Monthly Service 1,436.37
XCEL ENERGY INC 07/29/2021 101-1370-4320 Monthly Service 1,973.47
XCEL ENERGY INC 07/29/2021 101-1171-4320 Monthly Service 57.51
XCEL ENERGY INC 07/29/2021 700-0000-4320 Monthly Service 246.68
XCEL ENERGY INC 07/29/2021 701-0000-4320 Monthly Service 246.68
XCEL ENERGY INC 07/29/2021 101-1350-4320 Monthly Service 17,438.75
XCEL ENERGY INC 07/29/2021 701-0000-4320 Monthly Service 5,550.72
XCEL ENERGY INC 07/29/2021 700-0000-4320 Monthly Service 483.45
XCEL ENERGY INC 07/29/2021 101-1600-4320 Monthly Service 14.38
XCEL ENERGY INC 07/29/2021 101-1350-4320 Monthly Service 30.70
XCEL ENERGY INC 07/29/2021 700-0000-4320 Monthly Service -11.29
XCEL ENERGY INC 07/29/2021 101-1600-4320 Monthly Service 377.40
XCEL ENERGY INC 07/29/2021 101-1350-4320 Monthly Service 69.87
XCEL ENERGY INC 07/29/2021 101-1350-4320 Monthly Service 33.00
XCEL ENERGY INC 07/29/2021 101-1600-4320 Monthly Service 36.29
XCEL ENERGY INC 07/29/2021 700-7043-4320 Monthly Service 12,899.67
XCEL ENERGY INC 07/29/2021 101-1350-4320 Monthly Service 25.78
XCEL ENERGY INC 07/29/2021 101-1350-4320 Monthly Service 25.78
XCEL ENERGY INC 07/29/2021 101-1350-4320 Monthly Service 17.56
XCEL ENERGY INC 07/29/2021 101-1350-4320 Monthly Service 2,677.85
XCEL ENERGY INC 07/29/2021 700-7019-4320 Monthly Service 5,825.88
XCEL ENERGY INC 07/29/2021 101-1350-4320 Monthly Service -7.47
XCEL ENERGY INC 62,763.76
333,803.13
Accounts Payable - Check Detail-ACH (07/30/2021 - 10:41 AM)Page 5 of 5
CITY COUNCIL STAFF REPORT
Monday, August 9, 2021
Subject Approve Purchase of Lift Station Pumps for Rehabilitation of Lift Station #2
Section CONSENT AGENDA Item No: D.4.
Prepared By Charlie Howley, Public Works
Director/City Engineer
File No: PW055 / CIP SS017
PROPOSED MOTION
“The City Council authorizes the purchase of lift station pumps as part of the Lift Station #2 Rehabilitation.”
Approval requires a Simple Majority Vote of members present.
SUMMARY
The City annually rehabilitates sanitary sewer lift stations to keep this critical infrastructure in reliable and proper
working order.
BACKGROUND
Lift Station #2 (LS#2) is located at 7510 Frontier Trail and along with LS#1 is the oldest station in the City being
originally constructed in 1967. The current pumps and panel were installed in 2005 as part of the previous
rehabilitation project. This work is for pump and appurtenances only, not the panel.
The scope also includes installing a permanent generator at this station in order to more efficiently respond during
power outages. This station sees a large contribution of Infiltration and Inflow (I&I) after rainfall events, making the
wet well (storage capacity) somewhat undersized which elevates the critical importance of having pumps and
appurtenances in good working order, along with having a rapid response to power outages. The generator is actually
being repurposed from our existing generator truck since we're replacing that truck this year (approved at the last
Council meeting).
DISCUSSION
The annual lift station improvements are identified in the CIP as SS017. Public Works is adjusting the rehabilitation
schedule and swapping LS#2 with LS#22 due to priority. This Council action is for LS#2 only, as Council authorized
the work for LS#13 earlier this year.
Two quotes were received for the pumps and were within a couple hundred dollars of each other. Both suppliers are
reputable and have done work for the City previously. The increased efficiency of the pumps is the reasoning for
selecting Electric Pump as the supplier.
CITY COUNCIL STAFF REPORTMonday, August 9, 2021SubjectApprove Purchase of Lift Station Pumps for Rehabilitation of Lift Station #2SectionCONSENT AGENDA Item No: D.4.Prepared By Charlie Howley, Public WorksDirector/City Engineer File No: PW055 / CIP SS017PROPOSED MOTION“The City Council authorizes the purchase of lift station pumps as part of the Lift Station #2 Rehabilitation.”Approval requires a Simple Majority Vote of members present.SUMMARYThe City annually rehabilitates sanitary sewer lift stations to keep this critical infrastructure in reliable and properworking order.BACKGROUNDLift Station #2 (LS#2) is located at 7510 Frontier Trail and along with LS#1 is the oldest station in the City beingoriginally constructed in 1967. The current pumps and panel were installed in 2005 as part of the previousrehabilitation project. This work is for pump and appurtenances only, not the panel.The scope also includes installing a permanent generator at this station in order to more efficiently respond duringpower outages. This station sees a large contribution of Infiltration and Inflow (I&I) after rainfall events, making thewet well (storage capacity) somewhat undersized which elevates the critical importance of having pumps andappurtenances in good working order, along with having a rapid response to power outages. The generator is actuallybeing repurposed from our existing generator truck since we're replacing that truck this year (approved at the lastCouncil meeting).DISCUSSIONThe annual lift station improvements are identified in the CIP as SS017. Public Works is adjusting the rehabilitationschedule and swapping LS#2 with LS#22 due to priority. This Council action is for LS#2 only, as Council authorizedthe work for LS#13 earlier this year.Two quotes were received for the pumps and were within a couple hundred dollars of each other. Both suppliers arereputable and have done work for the City previously. The increased efficiency of the pumps is the reasoning for
selecting Electric Pump as the supplier.
The recommended supplier quote is $39,205.98 and our CIP budget was $60,000.
The funding comes from the Sanitary Sewer Enterprise Utility Fund.
RECOMMENDATION
Staff recommends the Council authorize moving forward with the rehabilitation of Lift Station #2.
ATTACHMENTS:
CIP Sheet
City Map of Lift Stations
Quotes
Capital Improvement Program
City of Chanhassen, MN Contact Charlie Howley
2021 2025thru
Department Sanitary Sewer Improvements
Description
The sanitary lift station rehabilitation program is designed to minimize sewer backups and emergency calls due to failed lift station equipment.
The City currently maintains 32 lift stations. Many of these lift stations are high service pumps and need frequent servicing. The program will
service or replace pumps, pipe gallery, and electrical components as needed. The proposed lift stations scheduled for improvements over the
next 5 years are as follows:
2021 - #13 & #22
2022 - #2
2023 - #1 & #7 permanent generator
2024 - #6 (includes a permanent generator)
2025 - #20
Project #SS-017
Priority n/a
Justification
Reduce emergency calls and potential sewer backups.
Budget Impact/Other
Lift station #10 had a generator fire in May 2020. The generator was replaced via an insurance claim.
Useful LifeUnassignedProjectNameSanitarySewerLiftStationRehabilitationProgramCategoryUtilities
Type Improvement
Account #2
Account #1 701-7025-4751
Total Project Cost:$1,560,000
Account #4
Account #3
Total20212022202320242025Expenditures
665,000120,000 130,000 170,000 150,000 95,000Maintenance
120,000 130,000 170,000 150,000 95,000 665,000Total
Prior
895,000
Total
Total20212022202320242025FundingSources
665,000120,000 130,000 170,000 150,000 95,000SewerUtilityFund
120,000 130,000 170,000 150,000 95,000 665,000Total
Prior
895,000
Total
96
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LS 29:
LS 8:
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LS 15:
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LS 19:
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LS 23:
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LS 32:
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Lift Stations
Xä Lift Stations - City
Xä Lift Stations - Private
Xä Lift Stations - Planned
0 1,0002,0003,0004,000
Feet
Minnesota Pump Works
1 Cannon Street W
Dundas, MN 55019
Pricing valid for 30 days and does not include freight charges or applicable taxes.
$38,671.00Subtotal
Quote for (2) Sulzer ABS Pumps to Replace Existing AFP1047.2 ME185/4EX
City to provide vac truck while work in progress.
Note: Freight is NOT Included.
Chanhassen MN, City of
7901 Park Place
Chanhassen, MN 55317
Ship ToChanhassen MN, City of
7901 Park Place
Chanhassen, MN 55317
Bill To
8/16/2021Expiration Date
Chad KubaschSales Rep
NET 30Terms
00010228Quote Number
7/15/2021Created Date
info@minnesotapumpworks.comEmail
877-645-8004Phone
Dillon BraithPrepared By
Product Code Product Comment Quantity Rate Total
GX9B3K6C1111337 ABS XFP100G CB1.6 PE185/4
25HP/460/3, 4" D/C, 49'12.4 FLA on 460V Service 2.00 $14,285.00 $28,570.00
16907006
ABS SEAL LEAK/OVER TEMP
RELAY, CA462, DIN RAIL
MOUNTED,110/230V-AC
2.00 $411.00 $822.00
MISC PARTS
LOT OF EQUIPMENT; TO INCLUDE: 4"
CHECK VALVES; ADAPTERS; UPPER
GUIDE RAIL BRACKETS; AND ALL
REQUIRED FASTENERS AND GASKETS.
1.00 $3,305.50 $3,305.50
S1R3048-SG-K
HALLIDAY S1R3048 SINGLE DOOR
ACCESS HATCH WITH SAFETY
GRATE, SLAM LOCK AND
RECESSED LOCK BOX
LEAD TIME 12-14 WEEKS 1.00 $1,445.00 $1,445.00
ADDER ADDER 2" STAINLESS STEEL GUIDE RAIL 1.00 $1,160.00 $1,160.00
SERVICE DRIVE TIME - STD - N TWO TECHS REQUIRED; DAY 1 2.00 $250.00 $500.00
SERVICE DRIVE TIME - STD - N TECH 1; DAY 2 2.00 $125.00 $250.00
ON-SITE SERVICE LABOR - STD - N TWO TECHS REQUIRED; DAY 1 6.00 $250.00 $1,500.00
ON-SITE SERVICE LABOR - STD - N TECH 1; DAY 2 4.00 $125.00 $500.00
KENWORTH SERVICE TRUCK
MILEAGE - STD - N 2 TRIPS REQUIRED 192.00 $1.75 $336.00
SERVICE TRUCK MILEAGE - STD -
N 2ND TRUCK DAY 1 86.00 $1.25 $107.50
CONFINED SPACE ENTRY - N 1.00 $175.00 $175.00
Minnesota Pump Works
1 Cannon Street W
Dundas, MN 55019
Pricing valid for 30 days and does not include freight charges or applicable taxes.
$38,671.00Total
CITY COUNCIL STAFF REPORT
Monday, August 9, 2021
Subject Approve Fireworks Display at Chanhassen High School, September 24, 2021
Section CONSENT AGENDA Item No: D.5.
Prepared By Don Nutter, Fire Marshal File No:
PROPOSED MOTION
"The City Council approves the fireworks display permit from Pyrotechnic Display, Inc. on behalf of the Chanhassen
High School Storm Chasers Booster Club, to conduct a fireworks show from Chanhassen High School Athletic
Fields located at 2200 Lyman Boulevard. The display will be conducted on September 24, 2021 between 9:00 pm
and 9:30 pm."
Approval requires a Simple Majority Vote of members present.
SUMMARY
This is an annual request and utilizes Pyrotechnic Display, Inc., to conduct a fireworks display at Chanhassen High
School in celebration of their Homecoming event, which is scheduled for September 24, 2021.
BACKGROUND
Private pyrotechnic displays require a licensed contractor and approval of the Fire Chief and city officials. The Fire
Chief/Fire Marshal will conduct a prelaunch inspection and verify operators' credentials prior to the event.
Additionally, Chanhassen Fire Department will assign a fire suppression crew to the event.
RECOMMENDATION
Staff recommends approval of the request from Pyrotechnic Display, Inc. for a fireworks display permit on September
24, 2021 at 99:30 pm at Chanhassen High School.
ATTACHMENTS:
Application, Location Map & Certificate of Insurance
CITY COUNCIL STAFF REPORT
Monday, August 9, 2021
Subject Approve Temporary Modification of the Licensed Premises to serve Beer in Chanhassen
Brewing Company Parking Lot Area
Section CONSENT AGENDA Item No: D.6.
Prepared By Kim Meuwissen, City Clerk File No:
PROPOSED MOTION
“The City Council approves a temporary modification to the licensed premises of Chanhassen Brewing Company
located at 951 West 78th Street, to extend the licensed premises of the Brewery from the previously approved
outdoor patio and parking lot area to include the parking lot area on the south side of the building, for the purpose of
serving beer during the Oktoberfest Event scheduled for September 24 and 25, 2021."
Approval requires a Simple Majority Vote of members present.
SUMMARY
Chanhassen Brewing Company has submitted a Special Event Permit Application to hold an Oktoberfest outdoor
event on their property on September 24 and 25, 2021. As part of the event, the Brewery is requesting expansion of
their licensed premises from the previously approved patio and parking lot area to include the parking lot area on the
south side of the building.
BACKGROUND
Chanhassen Brewing Company currently holds a Brewer offsale and an onsale and Sunday Brewer Taproom liquor
license. The licensed premises currently consists of the building including the outdoor patio and a portion of the
parking lot on the west side of the building. In order to expand the outdoor area to serve alcohol in the parking lot for
their special event on September 24 and 25, 2021, Chanhassen Brewing Company is requesting that the City Council
grant a temporary modification to expand the licensed premises to include the south parking lot area.
DISCUSSION
In order to expand liquor service beyond the current licensed premises (building, patio and a portion of the westerly
parking lot area) to include the southerly parking lot, Chanhassen Brewing Company is requesting the City Council
grant a temporary modification to the licensed premises to include the southerly parking lot with the following
conditions:
1. The applicant must apply for and receive a permit through the temporary outdoor event ordinance from the city
for the expanded seating area.
CITY COUNCIL STAFF REPORTMonday, August 9, 2021SubjectApprove Temporary Modification of the Licensed Premises to serve Beer in ChanhassenBrewing Company Parking Lot AreaSectionCONSENT AGENDA Item No: D.6.Prepared By Kim Meuwissen, City Clerk File No: PROPOSED MOTION“The City Council approves a temporary modification to the licensed premises of Chanhassen Brewing Companylocated at 951 West 78th Street, to extend the licensed premises of the Brewery from the previously approvedoutdoor patio and parking lot area to include the parking lot area on the south side of the building, for the purpose ofserving beer during the Oktoberfest Event scheduled for September 24 and 25, 2021."Approval requires a Simple Majority Vote of members present.SUMMARYChanhassen Brewing Company has submitted a Special Event Permit Application to hold an Oktoberfest outdoorevent on their property on September 24 and 25, 2021. As part of the event, the Brewery is requesting expansion oftheir licensed premises from the previously approved patio and parking lot area to include the parking lot area on thesouth side of the building.BACKGROUNDChanhassen Brewing Company currently holds a Brewer offsale and an onsale and Sunday Brewer Taproom liquorlicense. The licensed premises currently consists of the building including the outdoor patio and a portion of theparking lot on the west side of the building. In order to expand the outdoor area to serve alcohol in the parking lot fortheir special event on September 24 and 25, 2021, Chanhassen Brewing Company is requesting that the City Councilgrant a temporary modification to expand the licensed premises to include the south parking lot area.DISCUSSIONIn order to expand liquor service beyond the current licensed premises (building, patio and a portion of the westerlyparking lot area) to include the southerly parking lot, Chanhassen Brewing Company is requesting the City Councilgrant a temporary modification to the licensed premises to include the southerly parking lot with the followingconditions:1. The applicant must apply for and receive a permit through the temporary outdoor event ordinance from the city
for the expanded seating area.
2. The applicant must provide a specific diagram of the area in which the temporary modification to the licensed
premises is to occur. The diagram must indicate how the area will be physically enclosed and the location of
tables, chairs, food and beverage stations, and any other important features.
3. The applicant must submit proof of the necessary liquor liability insurance coverage for the expanded serving
area.
ATTACHMENTS:
Special Event Permit Application
Location Map
SPECIAL EVENT
M PERMIT APPLICATION
100 FEE
H " Applications must be submitted at least sixty(60)days prior to the event.
Date Received 7 —12 "Engineering Review Fire Review Admin Review
Sheriff Review Planning Review Other Review
Approved by: Date Approved:
Application Fee Paid: (Check# O d 11 6-1 Credit Card(type&last 4 digits) Cash(Receipt#)
Parcel Identification No. Legal Description
APPLICANT INFORMATION
Sponsoring/Producing
ORGANIZATION NAME: Chanhassen Brewing Company LLC
Street Address:951 W. 78th Street
Address:
City,State,Zip: Chanhassen MN 55317
Name: Phone: Cell:
Applicant Contact:
Justine Vath 507-236-1301
Title: Email:
Operations Manager jvath@chanhassenbrewing.com
Name: Matt Rosati Phone: 952-239-6419 Cell:
On-Site Contact:
Title: Email:
Owner mrosati@chanhassenbrewing.com
Organization Website:
PROPERTY OWNER INFORMATION
Name: Don Halla
Street Address:6601 Mohawk Trail
Contact Information:City,State,Zip:Edina MN 55439
Phone:Alternate Phone:
612-357-4554
Email:
EVENT INFORMATION
Even:Tte: Lowenherz Oktoberfest
ElRace/Walk' ncert VFestival Other:
Even:Type:
Complete and attach race addendum form.
Street Address:
151 W. 78th StreetEventLocation:
City,State,Zip:Chanhassen MN 55317
Event Date(s): 9/24/21 - 9/25/21
EventTime(s): 9/24: 12:00pm- 11:00pm, 9/25: 12:00pm - 11:00pm
Charitable Beer fest partnered with the Lion's Club.We have live music, german food,games
Event Description: and more.We will be expanding our patio to the parking lot to allow for more room.
1
City of Chanhassen Special Event Application
Page 2 of 3
EVENT INFORMATION (Continued)
Number of people 500-750 per day 25 workers&volunteers
participating/attending:
Will there be sound
amplification equipment? '
lies 0 No If yes,attach additional permit.
Will there be signage at es 0 No If yes,ple ase describe(additional permit may be n es ry):
the event? W Si V
Will merchandise be sold es 0 No If please describe:
UUU ql
at the event? p tl/p, / t'I,9`/., { - i ' p/ p
Attach narrative to include the follloYwinng/nfo`rmaatilonn:
1'C.f rt d (/l—
Description of Event
Narrative Required Parking Arrangements
Security
Potential impact on public safety,traffic,and other services including proposed mitigation strategy
Maps are required for the overall event layout as well as any separately fenced areas such as beedwine
gardens or contained areas as part of a parade/march route.
As a general rule,maps must include the following:
Surrounding Street Names Vehicles
Directional Arrow Beer Gardens
Twenty-foot(20')Fire Lanes Number and Dimension of Entrances/Exits
Map Required: Fencing/Barriers Start/Finish Lines
Street Closure Points Routes with Directional Arrows
Barricades Fire Extinguisher Locations
Bleachers Safety and First Aid Stations
Booths Parking Areas
Canopies/Tents Special Lighting
Cooking Areas Trash Containers
Generators
Select all that apply(show all equipment on your attached map).
VStaging/Scaffolding
Lighting
0 Statues or Structures
ortable Restrooms
Equipment/Set
Signage# (jpclude size and location on map)
tfents/Canopies# ;j
Tent Size(s):2- 10' X 10' 1 - 30' x 30'
Please list the outside companies/vendors that you are using for any of the checked boxes above. A complete list of
vendors must be submitted prior to your event.
FOOD
i'es 0 No(if no,skip to next section)
Wilt food be served at the
event? NOTE:Additional permit may be necessary. Contact the Minnesota Dept.of Health at 651-201-4500 or visit their
website at httol/www.health.state.mn.usidivs/ehlfoodflicense/speceventhtml
Will food be prepared off
Yes Wilt food be prepared on
site but served on site? Site
No es No
Will food be grilled on
site?
W'es 0 No Charcoal LP Gas' •Size of LP Gastank?
I U
lbs
Will any of the following
appliances be used? Gas griddle(flat top) Deep fat fryer $Warming oven Corn roaster )they: nacho cheese warmer
icAes* apply)
NOTE: If using any of the cooking methods listed above other than warming ovens, Chanhassen Fire Department Policy#50-2005 Temporary
Assemblies and Tents must be followed.
C ty of Chanhassen Special Event Application
Page 3 of 3
ALCOHOL
The sale and service of alcoholic beverages are subject to City of Chanhassen regulations,licensing,and permit requirements.
Will alcohol t>e served atNT 'es Notheevent?
Yes Io
Is a non-profit I`yes,indicate name of non-profit organization:
organization providing the
alcohol services? NOTE Temporary On-Sale licenses are issued only to a club or charitable,religious,or nonprofit organization in
existence for at least three years(Chanhassen City Code Section 10-19[g]and[hi).
Yes ti6lo
Is a caterer providing the If yes,indicate name of caterer:
alcohol services?
NOTE:Alcohol can only be provided and served by a restaurant holding an on-sale intoxicating liquor license issued by
any municipality that also holds a caterer's permit(MN Statute 340A.404,Subd. 12).
INSURANCE REQUIRED
Proof of liability insurance must be provided.
NOTICE AND SIGNATURE
I have familiarized myself with the Chanhassen City Code Chapter 20-964 and subsequent ordinance amendments pertaining thereto,and will abide I
by the provisions contained therein.
I declare that the information I have provided on this application is truthful and I understand that falsification of answers on this application will result
in denial of the application, I authorize the City of Chanhassen to investigate and make whatever inquiries are necessary to verify the information
provided.
Printed Name: Sign rr,
l Dat/612021Applicant: Justine Vath
Printed Name: Signature: Date:
Property Owner:r3i, LeA4t PP,rmi-sio
k1s9ds5Lsnared datawanvomrelpermits special event.dom
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CITY COUNCIL STAFF REPORT
Monday, August 9, 2021
Subject Ordinance XXX: Approve a Request to Amend City Code Chapters 1 and 20 to Define
"Agritourism"; Create Standards and Criteria for an Agritourism Use as an Interim Use; Allow
Agritourism Uses as an Interim Use in the Agricultural Estate District; and Approve an Interim
Use Permit for an Agritourism Use on Property Located at 9111 Audubon Road
Section OLD BUSINESS Item No: F.1.
Prepared By Bob Generous, Senior Planner File No: Planning Case No. 202113
PROPOSED MOTION
"The Chanhassen City Council approves the ordinance amending City Code sections 12, 20252, and 20576
regarding Agritourism; and
Approves an Interim Use Permit (IUP) for Agritourism Use at 9111 Audubon Road; and
Adopts the Planning Commission's Findings of Fact; and
Approves a Summary Ordinance for publication (requires 4/5 vote)."
Approval requires a 4/5 Vote.
SUMMARY
The applicant is proposing the creation in the City Code of an Agritourism definition, use standards, creating an interim
use in the Agricultural Estate District, and requesting an Interim Use Permit (IUP) for 9111 Audubon Road (Degler
Farm).
BACKGROUND
The Planning Commission held a public hearing to review the proposed ordinance amendments and IUP on July 6,
2021. The Planning Commission concurred with staff that the use should be ancillary to an active farm use of the
property and that the property be primarily used for agricultural purposes. The Planning Commission was also
concerned that the proposed use, if permitted to incorporate all the uses listed by the applicant, would become a
"carnival".
The Planning Commission voted 31 to recommend approval of the ordinance amendments and IUP with the
amendments outlined as part of the public hearing discussion. The Planning Commission minutes from July 6, 2021
were included in the Consent Agenda of the July 26, 2021 City Council packet.
This item was initially reviewed at the July 26, 2021 City Council meeting. The applicant presented several proposed
CITY COUNCIL STAFF REPORTMonday, August 9, 2021SubjectOrdinance XXX: Approve a Request to Amend City Code Chapters 1 and 20 to Define"Agritourism"; Create Standards and Criteria for an Agritourism Use as an Interim Use; AllowAgritourism Uses as an Interim Use in the Agricultural Estate District; and Approve an InterimUse Permit for an Agritourism Use on Property Located at 9111 Audubon RoadSectionOLD BUSINESS Item No: F.1.Prepared By Bob Generous, Senior Planner File No: Planning Case No. 202113PROPOSED MOTION"The Chanhassen City Council approves the ordinance amending City Code sections 12, 20252, and 20576regarding Agritourism; andApproves an Interim Use Permit (IUP) for Agritourism Use at 9111 Audubon Road; andAdopts the Planning Commission's Findings of Fact; andApproves a Summary Ordinance for publication (requires 4/5 vote)."Approval requires a 4/5 Vote.SUMMARYThe applicant is proposing the creation in the City Code of an Agritourism definition, use standards, creating an interimuse in the Agricultural Estate District, and requesting an Interim Use Permit (IUP) for 9111 Audubon Road (DeglerFarm).BACKGROUNDThe Planning Commission held a public hearing to review the proposed ordinance amendments and IUP on July 6,2021. The Planning Commission concurred with staff that the use should be ancillary to an active farm use of theproperty and that the property be primarily used for agricultural purposes. The Planning Commission was alsoconcerned that the proposed use, if permitted to incorporate all the uses listed by the applicant, would become a"carnival".The Planning Commission voted 31 to recommend approval of the ordinance amendments and IUP with theamendments outlined as part of the public hearing discussion. The Planning Commission minutes from July 6, 2021were included in the Consent Agenda of the July 26, 2021 City Council packet.
This item was initially reviewed at the July 26, 2021 City Council meeting. The applicant presented several proposed
changes to the ordinance and the IUP. City Council tabled the item to permit staff an opportunity to review and
address the changes.
DISCUSSION
Any approval by the City for development of the property must be consistent with the Comprehensive Plan. The
applicant has submitted the proposed changes to City Code. Staff prepared a strikethrough and bold format to show
recommended changes below.
Zoning Code
The following is a summary of the ordinance changes from the previous review:
Changed Use from Agritainment to Agritourism.
Incorporated applicant's entire definition of Agritourism.
Section 5) revised to All structures and storage areas must be set back 50 feet from public or private rightsofway
and 300 150 feet from any adjacent singlefamily residences, or a minimum of 50 feet from a side lot line, whichever is
greater.
Section 7) revised: existing City building and fire code in effect at the time of the use.
Section 8) changed ending time to 1/2 hour after sunset.
Section 9) added: Items promoting the establishments with its name are permitted, but retail space for these
items is limited to 300 square feet.
Section 10) All animals must comply to with City Zoning Code requirements for petting farms, section 20264
(10).
Section 11) Applicant must maintain emergency vehicle access to all areas on site and entrance and egress.
The access to the buildings and the parking areas will require a proper road surface which is able to
provide support for emergency and fire vehicles.
Section 12)Parking screening shall be in conformance with section 201181 of the Chanhassen City Code is
required within 50 feet of a residence that is not located on the property subject to the Interim Use Permit.
Section 18)Outdoor music with amplified sound shall require a special event permit pursuant to section 20
964 of the Chanhassen City Code.
Section 19)Prior to commencing activities and demonstrations involving equipment and machinery or the
use of projectiles, the applicant shall establish safety practices, procedures and locations for such activities
and provide to the City the plan for the established safety practices, procedures and locations.
Interim Use Permit
Change from Agritainment to Agritourism.
Added Engineering Condition: Corn rows are an acceptable screening for parking lots.
Revised Fire Condition: Corn mazes and straw mazes shall be set back at least 75 feet from all vehicular parking and
all ignition sources, including open flames (recreational fire pits).
Revised Planning Condition b. Buildings and use areas shall be as shown on the approved Exhibit B.Additional
CITY COUNCIL STAFF REPORTMonday, August 9, 2021SubjectOrdinance XXX: Approve a Request to Amend City Code Chapters 1 and 20 to Define"Agritourism"; Create Standards and Criteria for an Agritourism Use as an Interim Use; AllowAgritourism Uses as an Interim Use in the Agricultural Estate District; and Approve an InterimUse Permit for an Agritourism Use on Property Located at 9111 Audubon RoadSectionOLD BUSINESS Item No: F.1.Prepared By Bob Generous, Senior Planner File No: Planning Case No. 202113PROPOSED MOTION"The Chanhassen City Council approves the ordinance amending City Code sections 12, 20252, and 20576regarding Agritourism; andApproves an Interim Use Permit (IUP) for Agritourism Use at 9111 Audubon Road; andAdopts the Planning Commission's Findings of Fact; andApproves a Summary Ordinance for publication (requires 4/5 vote)."Approval requires a 4/5 Vote.SUMMARYThe applicant is proposing the creation in the City Code of an Agritourism definition, use standards, creating an interimuse in the Agricultural Estate District, and requesting an Interim Use Permit (IUP) for 9111 Audubon Road (DeglerFarm).BACKGROUNDThe Planning Commission held a public hearing to review the proposed ordinance amendments and IUP on July 6,2021. The Planning Commission concurred with staff that the use should be ancillary to an active farm use of theproperty and that the property be primarily used for agricultural purposes. The Planning Commission was alsoconcerned that the proposed use, if permitted to incorporate all the uses listed by the applicant, would become a"carnival".The Planning Commission voted 31 to recommend approval of the ordinance amendments and IUP with theamendments outlined as part of the public hearing discussion. The Planning Commission minutes from July 6, 2021were included in the Consent Agenda of the July 26, 2021 City Council packet.This item was initially reviewed at the July 26, 2021 City Council meeting. The applicant presented several proposedchanges to the ordinance and the IUP. City Council tabled the item to permit staff an opportunity to review andaddress the changes.DISCUSSIONAny approval by the City for development of the property must be consistent with the Comprehensive Plan. Theapplicant has submitted the proposed changes to City Code. Staff prepared a strikethrough and bold format to showrecommended changes below.Zoning CodeThe following is a summary of the ordinance changes from the previous review:Changed Use from Agritainment to Agritourism.Incorporated applicant's entire definition of Agritourism.Section 5) revised to All structures and storage areas must be set back 50 feet from public or private rightsofwayand 300 150 feet from any adjacent singlefamily residences, or a minimum of 50 feet from a side lot line, whichever isgreater.Section 7) revised: existing City building and fire code in effect at the time of the use.Section 8) changed ending time to 1/2 hour after sunset.Section 9) added: Items promoting the establishments with its name are permitted, but retail space for theseitems is limited to 300 square feet.Section 10) All animals must comply to with City Zoning Code requirements for petting farms, section 20264(10).Section 11) Applicant must maintain emergency vehicle access to all areas on site and entrance and egress.The access to the buildings and the parking areas will require a proper road surface which is able toprovide support for emergency and fire vehicles.Section 12)Parking screening shall be in conformance with section 201181 of the Chanhassen City Code isrequiredwithin 50 feet of a residence that is not located on the property subject to the Interim Use Permit.Section 18)Outdoor music with amplified sound shall require a special event permit pursuant to section 20964 of the Chanhassen City Code.Section 19)Prior to commencing activities and demonstrations involving equipment and machinery or theuse of projectiles, the applicant shall establish safety practices, procedures and locations for such activitiesand provide to the City the plan for the established safety practices, procedures and locations.Interim Use PermitChange from Agritainment to Agritourism.Added Engineering Condition: Corn rows are an acceptable screening for parking lots.Revised Fire Condition: Corn mazes and straw mazes shall be set back at least 75 feet from all vehicular parking andall ignition sources, including open flames (recreational fire pits).
Revised Planning Condition b. Buildings and use areas shall be as shown on the approved Exhibit B.Additional
buildings shall require an amendment to the Interim Use Permit.
Revised Planning Condition c. The use of the subject property must be in general conformance with the attached
Exhibit B.An annual report of the activities proposed for the upcoming year and an updated site plan with
the parking location for the year shall be submitted to the City by May 1st each year.
Water Resources Condition: The applicant shall incorporate Bluff Creek Overlay District (BCOD) Conservation Area
signage within the BCOD portion of the site. Precise amount and location of signage must be approved by the City’s
Water Resources Coordinator.
Staff is recommending that the IUP be issued for a fiveyear period. At the end of that time, the applicant can request
an extension and the City can evaluate the use.
The applicant initially proposed that the IUP be terminated only when the property is developed. As an alternative, the
applicant has requested a 25year approval, or if a fiveyear timeframe is approved then the City waives the fees for
the application to renew or extend the IUP if no ordinance revisions are necessary.
RECOMMENDATION
Staff and the Planning Commission recommend that the City Council approve the ordinance amending Chapters 1 and
20 regarding Agritourism uses as revised per staff recommendations, and the IUP to permit the Agritourism use on the
property subject to the conditions of the staff report; and
Adopt the Planning Commission's Findings of Fact and Recommendation.
ATTACHMENTS:
Planning Commission Staff Report dated July 6, 2021
Findings of Fact and Recommendation
Development Review Application
Objective
Narrative and Site Plan
Comments
Presentation
Affidavit of Mailing
Ordinance
Interim Use Permit
Summary Ordinance
Email and Attachment from Carver County
CITY OF CHANHASSEN
PC DATE: July 6, 2021
CC DATE: July 26, 2021
REVIEW DEADLINE: August 3, 2021
CASE #: 2021-13
BY: RG, EH, DN, JR, JS, ET, MU
SUMMARY OF REQUEST: Consider a request to amend City Code Chapters 1 and 20 to
define "Agritainment"/"Agritourism"; Create Standards and Criteria for an Agritainment Use as
an Interim Use; Allow Agritainment Uses as an Interim Use in the Agricultural Estate District;
and Receive an Interim Use Permit for an Agritainment Use.
LOCATION: 9111 Audubon Road
APPLICANT: Applicant: Todd Degler
112131 Haering Lane
Chaska, MN 55318
Property Owner: Gayle Degler
541 Pine View Court
Chanhassen, MN 55317
PRESENT ZONING: Agricultural Estate District (A-2)
2040 LAND USE PLAN: Office Industrial
ACREAGE: 63.67 acres
LEVEL OF CITY DISCRETION IN DECISION-
MAKING:
The City has a relatively high level of discretion in approving zoning code amendments
because the City is acting in its legislative or policy-making capacity. A zoning code
amendment must be consistent with the City’s Comprehensive Plan.
The City has limited discretion in approving or denying interim use permits, based on whether or
not the proposal meets the use standards outlined in the Zoning Ordinance. If the City finds that all
the applicable use standards are met, the permit must be approved. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSED MOTION:
“The Chanhassen Planning Commission recommends City Council approve City Code
amendments to section 1-2, 20-251.5, and 20-576 regarding Agritainment; An Interim Use Permit
(IUP) for Agritainment Use at 9111 Audubon Road;
And
Adopt of the Findings of Fact and Recommendation.”
Degler Farm Code Amendments and IUP
July 6, 2021
Page 2
PROPOSAL/SUMMARY
The applicant is proposing the creation of an Agritainment definition, use standards, creating an
interim use in the Agricultural Estate District and requesting an Interim Use Permit.
APPLICABLE REGULATIONS
Chapter 20, Article II, Division 2. Amendments
Chapter 20, Article IV, Division 3, Standards for Agricultural and Residential Districts
Chapter 20, Article IV, Div. 5. Interim Use Permits
Chapter 20, Article X, Agricultural Estate District, A-2
BACKGROUND
The applicant currently farms their property. They would like to create an Agritainment use as part of
their farming operation.
SITE CONSTRAINTS
Bluff Creek Corridor
This property is located within the Bluff Creek Overlay District (BCOD).
The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to protect
the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of
careful site design and other low-impact practices. This parcel is partially encumbered by the
BCOD. Section 20-1255 of the Chanhassen City Code requires a conditional use permit for all
development within the Bluff Creek Corridor.
The Bluff Creek Corridor primary zone is located on the property. The Primary Corridor is
designated open space. All structures must meet a 40-foot structural setback from the Primary
Corridor boundary as required by Chanhassen City Code. In addition, no grading is allowed within
the first 20 feet of the Primary Corridor.
The proposed development shall not impact the BCOD. No grading or vegetative alterations shall be
permitted in the BCOD Primary Zone.
Wetland Protection
There is a wetland located on the property. The proposed development should not impact this
wetland.
Bluff Protection
There are bluffs on the property. The proposed development should not impact bluffs.
Degler Farm Code Amendments and IUP
July 6, 2021
Page 3
Shoreland Management
The property is located within a shoreland protection district.
Floodplain Overlay
This property is not within a floodplain.
ZONING ORDINANCE AMENDMENT
Any approval by the City for development of the property must be consistent with the
Comprehensive Plan. The applicant has submitted the proposed changes to City Code. Staff will
prepare a strike-through and bold format to show our recommended changes.
Chapter 1
Section 1-2 Rules of Construction
Agritainment Agricultural, horticultural, or agri-business activity that allows organizations or
members of the general public, for the purpose of recreation, education or active involvement to
view, enjoy, or participate in rural activities of a farm or farm-related operation. Uses including corn
mazes, hayrides, pumpkin picking, corn pits, hill slides, pumpkin throwers, lookout towers, zip lines,
straw bale mazes, apple picking, play structures, antique tractor displays, sawmill demonstrations,
hay stacks, kiddie trains, animal rides, sleigh rides, snowshoeing, maple syrup harvesting, cross
country skiing, mountain biking, sledding hills, are exhibited regardless of compensation.
Chapter 20, Zoning
Article IV, Division 3, Standards for Agricultural and Residential Districts
Sec. 20-251.5 - Agritainment.
The following conditions will apply to Agritainment activities:
1) The site must be zoned Agriculture “A-2”. Plans shall be required showing the location of
all improvements, structures or proposed activity areas.
2) The site must be on and have access to a collector or minor arterial.
3) The minimum lot size shall be 20 acres.
4) The site must have 25% of its land being used as “agriculture” as defined in Sec. 1-2. “Rules
of construction and definitions”.
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July 6, 2021
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5) All structures, parking, and storage areas must be set back 50 feet from public or private
rights-of-way, and 300 feet from any adjacent single-family residences or a minimum of 50
feet from a side lot line, whichever is greater.
6) Parking plan shall be supplied with permit detailing size, capacity, and location. Parking
areas shall be limited to on-site parking. Accessible parking shall be shown on the plans
and must be on an accessible surface. The number of accessible spaces shall be based
on the maximum parking capacity.
7) The maximum number of persons to be using the facility at any one time needs to be tied in
the application permit or tied to 80% parking capacity as outlined in the permit plan. This
allows variations of seasonal activities layouts.
8) Accessory agriculture Buildings used for Agritainment events must meet existing building
code. , or be approved by the city engineering department prior to use. Intent is to allow
provision for use of existing agriculture building where special building use is requested.
Building requirements shall be based on occupancy.
9) Hours of operation shall be from 8:00 a.m. to 9:00 p.m.
10) Retail sales shall be limited to Agritainment-related items. This includes, but is not limited
to, items that can be produced locally or grown on site, such as produce, honey, sweet corn,
pumpkins, gourds as well as non-edible items such as products and crafts produced or
manufactured on -site, such as wood slabs, benches and birdhouses. Retail items promoting
the establishment with its name are permitted.
11) All animals must comply to section 20-264 –(10) “Petting farms”
12) A termination date shall be established for the interim use permit. The use shall be permitted
until a particular date, until the occurrence of a particular even, or until zoning regulations no
longer permit it. Prior to the permit expiring, the applicant may request an extension to the
interim use permit by submitting a new application. The renewal application will be subject
to all city ordinances including any new ordinances enacted after the original approval.
13) Parking screening is required within 50 feet of a residence.
14) Proof of insurance must be provided in permit plan.
15) Rules for vendors – Location of vendors to be identified on site plan.
16) The applicant shall include erosion and sediment controls on the permit submittal or
provide justification for why erosion and sediment control may not be necessary. In
addition, if City staff identify that erosion and sediment control issues are created or
persist during the duration of the IUP, the City can require subsequent erosion and
Degler Farm Code Amendments and IUP
July 6, 2021
Page 5
sediment control measures to mitigate against these issues. All appropriate temporary
erosion and sediment control measures shall be maintained by the owner until permit is
closed out.
17) Agritainment Interim Use sites are required to provide an initial analysis of the
“before” and “after” operational traffic impacts to the abutting and surrounding road
system resulting from proposed plans associated with the Interim Use and associated
traffic movements and volumes in order to identify capacity deficiencies at affected
intersections and to help identify feasible solutions to the deficiencies.
18) Shall provide sanitary facilities for the site visitors. The use of and location of portable
chemical toilets must be reviewed and approved as a condition of approval of an
agritainment use. The maintenance and use of chemical toilets shall be subject to the
following:
a. Shall be securely anchored to the ground to prevent tipping.
b. Shall be screened from public right-of-way and residential property with
landscaping.
c. Shall be serviced at least weekly.
d. Only models designed to minimize the potential for spilling may be used.
e. Receipt of an annual license from the City's Planning Department. The license
shall be issued unless the conditions of approval of this section have been
violated. All license applications shall be accompanied by the following
information:
1. Name, address, and phone number of applicant(s).
2. Site plan showing proposed location of chemical toilet(s).
3. Name, address, and phone number of chemical toilet supplier.
4. Plan for commercially maintaining the chemical toilet, including a copy of any
agreement for maintenance, and the name, address, and phone number of
person responsible for maintenance.
5. A written description of how the applicant intends to screen the portable
chemical toilet(s) from all views into the property.
Article X, Agricultural Estate District
Section 20-576, Interim Uses
Add: Agritainment
SURROUNDING ZONING AND USES
The property to the west is in the city of Chaska. Two single-family homes are located to the west of
the site. The Preserve at Bluff Creek is located to the east across Bluff Creek. Liberty at Bluff
Degler Farm Code Amendments and IUP
July 6, 2021
Page 6
Creek is located to the south of the site. The Bluff Creek Primary Corridor wraps around the
southern and eastern portions of the property.
INTERIM USE PERMIT
The applicant is requesting an interim use permit for Agritainment use of the property.
ACCESS
Access to the property is from Audubon Road (County Road 15). All conditions set forth by Carver
County shall be addressed by the applicant, and all permits required shall be obtained prior to the
commencement of Agritainment operations. The applicant shall provide an initial analysis of the
“before” and “after” operational traffic impacts to the abutting and surrounding road system
resulting from proposed plans associated with the interim use and associated traffic movements and
volumes in order to identify capacity deficiencies at affected intersections and to help identify
feasible solutions to the deficiencies prior to the commencement of any Agritainment operations.
ANALYSIS
The Engineering Department has reviewed the IUP and Ordinance amendment submittal for 9111
Audubon Road (Degler Farm Center). These comments are divided into two categories: general
comments and proposed conditions. General comments are informational points to guide the
applicant in the proper planning of public works infrastructure for this proposal, to inform the
applicant of possible extraordinary issues and/or to provide the basis for findings. Proposed
conditions are requirements that Engineering and Public Works recommend to be formally imposed
on the submittal in the final order. Note that references to the “City Standards” herein refer to the
City of Chanhassen Standard Specifications and Detail Plates.
General Comments/Findings
1. Any and all plans submitted with this application have been reviewed only for the purpose of
determining their feasibility and providing utility and transportation facilities for the IUP in
accordance with City Standards. A recommendation of IUP approval does not constitute
final approval of details, including but not limited to alignments, materials and points of
access, connection or discharge, that are depicted or suggested in the application. The
applicant is required to submit updated plans for the project, as applicable. The City of
Chanhassen Engineering and Public Works Departments will review plans, in detail, when
they are submitted and approve, reject or require modifications to the plans or drawings
based upon conformance with City Standards, the Chanhassen Code of Ordinances and the
professional engineering judgment of the City Engineer.
2. It is the opinion of the Engineering Department that the proposed IUP can be developed in
accordance with the requirements of the Chanhassen Code of Ordinances (as it pertains to
Engineering and Public Works requirements) and City Standards, provided it fully addresses
the comments and conditions contained herein, and can be approved.
3. The applicant is proposing; (a) to amend Ordinance to define “Agritainment”/”Agritourism”;
(b) create standards and criteria for an Agritainment use as an Interim Use; (c) allow
Degler Farm Code Amendments and IUP
July 6, 2021
Page 7
Agritainment uses as an Interim Use in the Agricultural Estate District; and (d) receive an
Interim Use Permit (IUP) for an Agritainment Use on Property Located at 9111 Audubon
Road (Degler Farm Center).
a. The applicant has provided proposed language for the definition of Agritainment.
The definition has no direct impact on public infrastructure (sanitary sewer, storm
sewer, water, transportation, etc.) and as such, Engineering and Public Works have no
comments or associated conditions.
b. The applicant has provided proposed criteria for an Agritainment Interim Use. None
of the criteria proposed addresses the potential impact Agritainment activities may
have on the abutting and surrounding road networks in which ingress/egress to the
site is had from. It is the judgement of the Engineering and Public Works
departments that an Agritainment Interim Use site would increase traffic volumes to
and from the site as the activities differ from that of typical agricultural sites. Based
on the proposed definition, any proposed Agritainment Interim Use site could offer
recreational activities and amenities that generate larger volumes of traffic throughout
the year such as zip line courses, hay rides, and outdoor recreational activities, than
are commonly associated with typical agricultural uses. In order for staff to evaluate
the traffic impacts of any potential Agritainment Interim Use site, an initial
assessment of expected traffic volumes must be provided in order for staff to assess if
the abutting and surrounding road network can facilitate the expected increase in
traffic. See proposed condition 1.
c. The applicant has proposed that Agritainment be authorized through an Interim Use
in the Agricultural Estate District. Engineering and Public Works departments agree
that the Interim Use is the correct mechanism for Agritainment, and have no
additional comments or associated conditions.
d. The applicant has proposed that an Agritainment Interim Use be approved for 9111
Audubon Road (Degler Farm Center). Degler Farm abuts Carver County right-of-
way. See proposed condition 2. It is the opinion of the Engineering and Public Works
departments that the proposed IUP for Degler Farm Center can be approved provided
it fully addresses the comments and conditions provided by the Engineering and
Public Works departments. As the proposed Ordinance has yet to be adopted, see
proposed condition 3.
e. Parking capacity shall be based on the city standard parking lot layout. (18-foot deep
x 9-foot stall width with a 26-foot, two-way drive aisle.)
The Water Resources Department has reviewed the IUP and Ordinance amendment submittal for
9111 Audubon Road (Degler Farm Center). These comments are divided into two categories:
general comments and proposed conditions. General comments are informational points to guide the
applicant in the proper planning of public works infrastructure for this proposal, to inform the
applicant of possible extraordinary issues and/or to provide the basis for findings. Proposed
conditions are requirements that Water Resources recommends to be formally imposed on the
submittal in the final order.
General Comments/Findings
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July 6, 2021
Page 8
1. Any and all plans submitted with this application have been reviewed only for the purpose of
determining their feasibility and their impact on water resources issues for the IUP in
accordance with City Standards. A recommendation of IUP approval does not constitute
final approval of details. The applicant is required to submit updated plans for the project, as
applicable. The City of Chanhassen Water Resources department will review plans, in detail,
when they are submitted and approve, reject or require modifications to the plans or drawings
based upon conformance with City Standards, the Chanhassen Code of Ordinances and the
professional judgment of City Staff.
2. It is the opinion of the Water Resources department that the proposed IUP can be developed
in accordance with the requirements of the Chanhassen Code of Ordinances (as it pertains to
Water Resources requirements) and City Standards, provided it fully addresses the comments
and conditions contained herein, and can be approved.
3. The applicant is proposing; (a) to amend Ordinance to define “Agritainment”/”Agritourism”;
(b) create standards and criteria for an Agritainment use as an Interim Use; (c) allow
Agritainment uses as an Interim Use in the Agricultural Estate District; and (d) receive an
Interim Use Permit for an Agritainment Use on Property Located at 9111 Audubon Road
(Degler Farm Center).
a. The applicant has provided proposed language for the definition of Agritainment.
The definition has no direct impact on water resources (wetlands, storm sewer,
shoreland, etc.) and as such Water Resources has no comments or associated
conditions.
b. The applicant has provided proposed criteria for an Agritainment Interim Use. There
does not appear to be any language in this criteria related to erosion and sediment
control. With the interim use of Agritainment, there is an increased risk of erosion
and sediment leaving a site due increased car/traffic on exposed soils/bare ground,
increased dust creation, etc. The Water Resources department proposes that language
be added to require the applicant to include erosion and sediment controls on the
permit submittal, or for the applicant to provide justification for why erosion and
sediment control may not be necessary. In addition, the City should maintain the right
to require erosion and sediment control if issues are identified after permit has been
approved and the IUP is underway. Language to include can be found in condition 1
below.
c. The applicant has proposed that Agritainment be authorized through an Interim Use
in the Agricultural Estate District. Water Resources agrees that the Interim Use is the
correct mechanism for Agritainment, and has no additional comments or associated
conditions.
d. The applicant has proposed that an Agritainment Interim Use be approved for 9111
Audubon Road (Degler Farm Center). In general, the proposed IUP and its
subsequent uses will not greatly affect water resources issues. However, the southern
half of the Degler Farm property exists within the Bluff Creek Overlay District. The
Bluff Creek Overlay District (BCOD) exists to protect the Bluff Creek corridor,
wetlands, bluffs, and significant stands of mature trees through the use of careful site
design, protective covenants, sensitive alignment and design of roadways and
utilities, incorporation of natural features, landscaping, techniques outlined in the
city’s surface water management plan, and the practices delineated in the city’s
surface water management plan. As part of the development of the District, City staff
Degler Farm Code Amendments and IUP
July 6, 2021
Page 9
have created a signpost that reads “BCOD Conservation Area.” This signpost serves
to educate the public about where the District exists and delineates the boundary of
the District. While the applicant is not proposing any development or increased hard
cover within the District, the applicant is proposing to incorporate a hayride that
would be partially within the BCOD. City staff feels that this is an ideal scenario to
incorporate the BCOD Conservation Area sign posts. See condition 2 below. In
addition, the applicant is proposing a hayride route that appears to cut through an
agricultural wetland on the eastern side of the route. While this is not considered a
wetland impact, the applicant should consider moving the eastern side of the route
even further east, in order to avoid driving equipment/tractors through the wetland.
See condition 3 below. Lastly, temporary erosion and sediment control measures
should be included with the permit submittal. These measures include, but are not
limited to, perimeter controls to protect Bluff Creek, dust control, restoration after the
event ends, etc. The applicant will need to include these erosion and sediment control
measures on their permit submittal or provide justification for why erosion and
sediment control is not necessary on this site. See condition 4 below.
MISCELLANEOUS
The IUP shall be approved for a period of five (5) years from the date of City Council approval. The
applicant will need to request a formal extension 60 days prior to the expiration date of the IUP.
This timeframe shall allow for the use to get established on the site and the City to evaluate the
impact of the use on the community.
Section 20-323. – Termination.
An interim use permit (IUP) shall terminate on the happening of any of the following events,
whichever first occurs:
(1) The date stated in the permit;
(2) Upon violation of conditions under which the permit was issued;
(3) Upon change in the city’s zoning regulations which renders the use nonconforming;
(4) Upon the subdivision of the property or the alteration of the lot lines of the property.
Any change in use of the current buildings on site, including the barn, will require it to come up to
full Code. This will invoke MN Statute 1306, which will require the buildings to be fitted with a Fire
Suppression System and Fire Alarm System to monitor the Suppression System. We would also
need to address egress, exit and emergency lighting, door hardware, fire-rated construction, and
many other fire code-related items when it comes to change in use and access to the general public.
This includes bringing people through and any access or use of an observation tower. Tower will
need to be built to current Code.
Safety concerns with the items on site such as: pumpkin canons, pumpkin catapult, zip lines, swings,
etc. Who will be verifying that these items are built to Code for use by the general public and any
resulting dangers for use? Department of Labor and Industry may be responsible for overseeing
licensing for these items.
Degler Farm Code Amendments and IUP
July 6, 2021
Page 10
Corn/Straw Mazes – any and all ignition sources will need to be a great distance away, including
open flame (recreational fire pits). Corn/straw mazes are highly combustible and can trap people
inside if a fire develops. Some research into history of corn maze fires states all vehicle parking and
any sources of ignition, such as campfires and smoking, to be at least 75 feet away at all times.
Emergency Responder access – will need to maintain emergency vehicle access to all areas on site
and entrance and egress. Will require proper road surface for emergency and fire vehicles. Possible
vehicle turnaround area depending on distances.
Will require a fire hydrant to be placed on site.
Language stating use of Agricultural Buildings Sec 20 #8 Stating “Accessory Agriculture buildings
used for Agritainment Events must meet existing Building Code, or be approved by the City’s
Engineering department prior to use. Intent is to allow provision for use of existing agricultural
buildings where special building use is requested.” This language would not be sufficient to address
buildings on site for use for events. Existing buildings will more than likely change in occupancy
type for this type of business, which will require both the Fire Marshal and Building Official to
confirm use, occupancy type, and applicable codes for public use. A full architectural analysis would
be required into items such as: fire safety, egress, structural integrity, use and occupancy type, as
well as many other applicable codes. Special permission will not be given to leave existing buildings
“as is” for use in Agritainment activities.
PERMITS
Permits from the appropriate regulatory agencies must be obtained; including but not limited to the
Minnesota Department of Labor and Industry, Minnesota Agricultural Department, Minnesota
Pollution Control Agency, Riley Purgatory Bluff Creek Watershed District and Carver County.
Carver County Public Works staff requested the applicant submit general traffic information about
the proposed use including the expected average daily traffic using the site and the peak hour or at a
minimum the peak daily traffic expected.
This information will be a starting point for Carver County’s review in order to make any
determinations regarding related event traffic control measures and/or access improvement needs.
UTILITIES
City utilities are available to the property. Water is located in Audubon Road. Sewer is located in
Lyman Boulevard and at the northeast corner of the property. However, none have been extended
into the interior of the site.
Sanitary facilities shall be provided for use of the visitors to the site. Such use shall comply with
Building Code or meet the requirements for chemical toilets spelled out in the Agritainment
Standards.
RECOMMENDATION
Degler Farm Code Amendments and IUP
July 6, 2021
Page 11
Staff recommends that the Planning Commission recommend approval of the amendments to
Chapters 1 and 20 regarding Agritainment uses and the Interim Use Permit to permit the
Agritainment use on the property subject to the following conditions:
Code Amendments:
Revise per staff recommendations.
Interim Use Permit
Building:
1. Accessible parking shall be located on an improved, centralized, permanent surface and shall
be based on the maximum parking provided based on the rotational parking plan.
2. The use of structure shall comply with Building and Fire Code occupancy requirements.
Engineering:
1. All conditions set forth by Carver County shall be addressed by the applicant, and all permits
required shall be obtained prior to the commencement of Agritainment operations.
2. The applicant shall provide an initial analysis of the “before” and “after” operational traffic
impacts to the abutting and surrounding road system resulting from proposed plans
associated with the interim use and associated traffic movements and volumes in order to
identify capacity deficiencies at affected intersections and to help identify feasible solutions
to the deficiencies prior to the commencement of any Agritainment operations.
3. Parking capacity shall be based on city standard parking lot layout.
Fire:
1. Any change in use of the current buildings on site, including the barn, will require them to be
brought up to full Code.
2. Corn/Straw Maze – any and all ignition sources will need to be a great distance away,
including open flame (recreational fire pits).
3. All vehicle parking and any sources of ignition, such as campfires and smoking, shall be at
least 75 feet away at all times.
4. Emergency Responder access – will need to maintain emergency vehicle access to all areas
on site and entrance and egress. Will require proper road surface for emergency and fire
vehicles.
5. Will require a fire hydrant to be placed on site.
Planning:
1. The applicant must obtain all required state licensure and permits.
2. The Interim Use Permit shall be approved for a period of five (5) years from the date of City
Council approval.
Degler Farm Code Amendments and IUP
July 6, 2021
Page 12
3. Buildings and use areas shall be as shown on the approved “site plan”. Additional use areas
or buildings shall require an amendment to the Interim Use Permit.
4. Sanitary facilities shall be provided for site visitors.
5. Site shall be open for inspections by City staff with advanced notice.
Water Resources:
1. The applicant shall incorporate Bluff Creek Overlay District (BCOD) Conservation Area
signage within the BCOD portion of the site. These signposts would not impede the
applicant’s ability to use the site for agriculture. Precise number and location of signage can
be determined when further plans are submitted and must be approved by the City’s Water
Resources Coordinator.
2. The applicant shall move the eastern hayride route even further east, in order to avoid driving
through an agricultural wetland. The applicant can work with the City’s Water Resources
Coordinator to determine a more appropriate location.
3. The applicant shall show erosion and sediment controls on their permit submittal, or provide
justification for why erosion and sediment control measures are not necessary. However, City
staff believes that, due to the applicant’s proposed use of the site, in particular parking on
agricultural fields, this site is at risk of increased dust control issues. Staff feels that an
erosion and sediment control plan be submitted which shows dust control measures. Some
other potential erosion and control measures the applicant should consider includes perimeter
controls to protect Bluff Creek and a restoration plan for after the event ends, etc. Erosion
and sediment controls will need to be approved by City staff before the permit can be issued.
The City retains the right to require further erosion and sediment control measures if issues
are identified after the IUP has been approved and is underway.
4. No grading or vegetative alterations shall be permitted in the BCOD Primary Zone.
And
Adopt the Findings of Fact and Recommendation.
ATTACHMENTS
1. Findings of Fact and Recommendation
2. Development Review Application
3. Objective
4. Narrative & Site Plan
5. Presentation
6. Public Hearing notice and mailing list
g:\plan\2021 planning cases\21-13 degler farm center ord amendment and iup\staff report degler farm.docx
)
J
4
CITY OF CHANHASSEN
CARVER AND HENNEPN COI.JNTIES, MINNESOTA
FINDINGS OF FACT AND
RECOMMENDATION
IN RE:
Application of Todd Degler and Gayle Degler for an Interim Use Permit to operate an Agritainment
business.
The property is currently zoned Agricultural Estate District, A-2.
The property is guided by the Land Use Plan for Office Industrial use.
The legal description ofthe property is: See Exhibit A.
Section 20-232:
The proposed use will not be detrimental to but will enhance the public health, safety,
comfort, convenience or general welfare ofthe neighborhood or the city by providing a
unique experience.
The proposed use will be consistent with the objectives ofthe City's Comprehensive Plan
and the zoning ordinance by meeting the standards of each.
The proposed use will be designed, constructed, operated and maintained so to be
compatible in appearance with the existing or intended character ofthe general vicinity
and will not change the essential character of that area. The use will be buffered from
adjacent properties and will preserve the Bluff Creek Primary Zone.
The proposed use will not be hazardous or disturbing to existing or planned neighboring
uses.
The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water
and sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment ofthe
proposed use.
The proposed use will not create excessive requirements for public facilities and services
and will not be detrimental to the economic welfare of the community.
The proposed use will not involve uses, activities. processes, materials, equipment and
conditions ofoperation that will be detrimental to any persons, property or the general
welfare because ofexcessive production oftraffic, noise, smoke, fumes, glare, odors,
rodents, or trash.
b
c
d
e
f.
On July 6,2021, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application ofTodd Degler and Gayle Degler for an Interim Use Permit for
the property located at 9l I I Audubon Road (County Road I 5). The Planning Commission
conducted a public hearing on the proposed conditional use was 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
I
)
h. The proposed use will have vehicular approaches to the property which do not create
tralfic congestion or interfere with trafYic or surrounding public thoroughfares.
i. The proposed use will not result in the destruction, loss or damage of solar access,
natural, scenic or historic features of major significance.
j. The proposed use will be aesthetically compatible with the area.
k. The proposed use will not depreciate surrounding property values.
L The proposed use will meet standards prescribed for certain uses as provided in Chapter
20, Article IV of the City Code.
The Planning Commission shall recommend an Interim Use Permit and the City Council
shall issue interim permits only if it finds, based on the proposed location, that:
a. The use meets the standards ofa conditional use permit set forth in section 20-232 of
the City Code.
b. The use conforms to the zoning regulations.
c. The use is allowed as an interim use in the zoning district.
d. The date or event that will terminate the use can be identified with certainty.
e. The use will not impose additional costs on the public if it is necessary for the public
to take the property in the future.
f. The user agrees to any conditions that the City Council deems appropriate for
permission of the use.
The planning repora #2021-13 dated July 6, 2021, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Interim Use Permit
subject to the conditions ofthe staff report.
ADOPTED by the Chanhassen Planning Commission this 6th day of July, 2021.
CHANHASSEN PLANNING COMMISSION
BY:/ tt /rt
Seren"We , Cnai.-a,
6.
EXHIBIT A
To the following described Real Estate situated in Carver County, Minnesota.
(A) The Northwest Quarter of the Southeast Quarter (NW% of SE% of Section 22, Township
I 16, Range 23, containing 40 acres of land, more or less.
(B) Also, beginning at the post in South line of Northwest Quarter of Southeast Quarter (NW%
ofSE%) Section 22, Township I16, Range 23, One (l) chain West from the Southeast (SE) Corner
of said Northwest quarter of Southeast qua(er (NWVt of SEVa); thence South 38% dgs. West2.38
chains; thence South 73 dgs. West 4.35 chains; thence South 36% dgs. West 1.90 chains; thence
South l7% dge. West 3.70 chains; thence North 82 dgs. West 1.50 chains to a point in North and
South middle line of Southwest quarter of Southeast quarter (SWIA of SEt/o); thence North along said
middle line 8.00 chains to a post in South line of Northwest Quarter of Southeast Quarter (NW% of
SE%); thence East 10.00 chains to place ofbeginning, situated in East Half (E%) of Southwest
Quarter of Southeast Quarter (SWV, of SEVa), Section 22, Township I 16, Range 23, containing 3.60
acres.
(C) Also, Commencing at a post on center line of Section 22, Township I 16, Range 23, which
post bears South 4.20 chains from center post of said Sec. 22; thence South 15.32 chains to Quarter
Quarter post; thence North 44% dgs. West 27.90 chains; thence East 15.32 chains; thence South 4.28
chains; thence East 4.28 chains to place ofbeginning, situated in Lot 2, Sec. 22, Township I16,
Range 23 and containing 17.37 acres, more or less.
(D) Also, Beginning at the Quarter Section post on South line ofSection 22, Township I16,
Range 23, running thence North along center line of said Section 20.00 chains to middle line of
Southeast quarter (SE%) ofsaid Section; thence East along said middle line 10.00 chains; thence
South parallel with first mentioned line I 5.75 chains to a point in the center of a creek; thence
Southerly along center of said creek to South line of said Section; thence West 7.00 chains to place
ofbeginning, containing l9 acres of land more or less, situated in West halfof Southwest quarter of
Southeast quarter (W% of SW% of SE%) of Section 22, Township I16, Range 23.
J
COMi'UNITY DEVELOPMENT DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1100 I Fax: (952) 227-1110 CffiOTCHAI{HASSXI{
APPLICATION FOR DEVELOPMENT REVIEW
suomittaroate:L lq l?/ ,co".J lt, l>t cc oate,]-.1h,(p-..1f,11 oo-oay Review oate:?/3 / a{
Section 1: Application Type (check all that apply)
(Refer to lhe appn iate Application Checklist lor required
! Comprehensive Plan Amendment......................... $600
E Minor MUSA line for failing on-site sewers..... $100
E Conditional Use Permit (CUP)
E Single-Family Residence ................................ $325
E Att others...... .. ................... M25
E lnterim Use Permit (lUP)
! ln conjunction with Single-Family Residence.. $325
E A Others...... ......................$425
E Rezoning (REz)
E Planned Unit Development (PUD).................. 5750
E MinorAmendment to existing PUD................. $100E Atl Others...... ...................... $500
E Sign Plan Review.................................................$150
E Site Ptan Review (SPR)
E Administrative ..................... $100
E Commercial/lndustrial Districtst........... .......... $500
Plus $10 per 1,000 square feet of building area:( thousand square feet)
'lnclude number ot gllglDg employees:
submiltal inlomation that must a@ompany this application)
E subdivision (suB)
E Create 3lots or |ess.......E a;;;i; ;,;' 3 r"ia.-...... ...
tr
tr
tr
tr
( lots)
! tvtetes & Bounds (2 lots).................
E Consolidate 1ots.....................
E Lot Line Adjustment...................
E Final P|at......................
(lncludes $450 escrow for attorney costs)'
'Additional escrove may be required for other applications
through the developmeri contrad.
Vacation of Easements,/Rig ht-of-way (VAC)
(Additional recording tu€s may apply)
Variance (VAR) . .
Wetland Alteration Permit (WAP)
E Single-Family Residence.......................
E Att others......
Zoning Appeal.....
. $300
. $200
. $150
.$275
. $100
. $500
'lnclude number ot @W employees:E ResidentiarDistricts-.... .. - -------Jsoo !rlE**;ffiH*l'til3lf:ffi[,tffi,HilT"','
Plus $5 per dwelling unit ( units)
@ Zoning Ordinance Amendment (ZOA)
Property Owners' List within 500' lCity to generate afrer pre.application meeting) ...................( addresses)
A-Y
E Escrow for Recording Documents (check all thatepply)...........
E conditional Use Fermit E[ lnterim Use Permit
fl vacation E Variance
E Metes & Bounds Subdivision (3 docs.) E Easements L- easements)
$3 per address
......... ... ......... $50 per document
E Site Plan Agreement
E Wetland Alteration PermitE Deeos
TOTAL FEE:
-1
Description of Proposal: . Create a new derinition in the city code - "Agritainmenf
. Create criteria for what defines and is allowed in an Agritainment permit & lUP.
91 1 1 Audubon Road, Chanhassen, MN 5S17
Section 2: Required lnformation
Property Address or Location
Parcel #: 25O22OAOO
Total Acreage:
Present zoning
Wetlands Present?
Agricultural Estate District (A2)
,1s1;6n Agriculture
!ves!Ho
Requested Zoning Select One
Present Land Use Desig
Existing Use of Property:
Requested Land Use Designation Select One
Farming
Echeck box if separate narrative is attached
\
Legal Description:
Section 3: Property Owner and Applicant lnformation
Todd DeglerName
Address 112131 Haering Lane
Contact
Phone:(952) 221-2819
City/State/Zip
Email:todddegler@gmail.com
Chaska Cell:
Fax:
Date
Cell:
Fax:
Date
Cell
Fax
sig n",rr". Todd Degler Ogiarv s9n6d by Todd O69rt
Dar.2@160716@8.050q 6n121
PROPERTY OWNER: ln signing this application, l, 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 Gayle Degler Contact
Phone:Address g1 Pine View Court (952) 403-7047
ChanhassenCity/State/Zip:
Email:gdeglerl @gmail.com
sig n"1rr". Gayle Degler oniMr ogEd b, G.yL 069br
0d.2021607r60a26{6!0 6n t2'l
PROJECT ENGINEER (if applicable)
Name:
Address
Contact:
Phone:
City/State/Zip
Email:
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before liling 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 applicetion.
Who should receive copies of staff reports?'Other Contact lnformation:
I Maited Paper Copy
I Maited Paper Copy
E ttitaitea Paper Copy
E ruaiteo Paper Copy
City/State/Zip
Email:
E Email
E Email
E Email
E Email
Name
tr
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FoRM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing
SAVE FORM PRIMT FORM SUBMIT FORM
APPLICANT OTHER THAN PROPERW OWNER: ln signing this application, l, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, sub.iect only to
the right to object at the hearings on the application or during the appeal period. lf 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.
Section 4: Notification lnformation
Property Owner Via:Applicant Ma:Engineer Ma:Othef Ma:
Address'
Objective:
• Create a new definition in the city code - “Agritainment”
• Create criteria for what defines and is allowed in an Agritainment permit.
• Amend city code to include Agritainment as a New Interim Use for the “A-2” district.
(For use in Chapter 1 of city code:)
Definition – Agritainment Agricultural, horticultural, or agri-business activity that allows
organizations or members of the general public, for the purpose of recreation , education
or active involvement to view, enjoy, or participate in rural activities of a farm or farm
related operation. Uses include corn mazes, hay rides, pumpkin picking, corn pits, hill
slides, pumpkin throwers, lookout towers, zip lines, straw bale mazes, apple picking,
play structures, antique tractors displays, saw mill demonstrations, hay stacks, kiddie
trains, animal rides, sleigh rides, snowshoeing, maple syrup harvesting, cross country
skiing, mounting biking, sledding hills, axe throwing, archery stand, are exhibited
regardless of compensation.
Sec. 20-xxx - Agritainment.
The following conditions will apply to Agritainment activities.
1) The site must be zoned Agriculture “A-2”.
2) The site must be on and have access to a collector or minor arterial road.
3) The minimum lot size shall be 20 acres.
4) The site must have 25% of its land being used as “agriculture” as defined in Sec. 1-2.
“Rules of construction and definitions”
5) All structures and storage areas must be set back 50 feet from public or private rights-of-
way, and 300 ft from an adjacent single-family residences or a minimum of 50 feet from a
side lot line, whichever is greater.
6) Parking plan shall be supplied with permit detailing size, capacity, and location. Parking
areas shall be limited to on-site parking.
7) The maximum number of persons to be using the facility at any one time needs to be tied in
the application permit or tied to 80% parking capacity as outlined in the permit plan. This
allows variations of seasonal activities layouts.
8) Accessory agriculture buildings used for Agritainment events must meet existing building
and fire code. Intent is to allow provision for use of existing agriculture building where
special building use is requested.
9) Hours of operation shall be from 8:00 a.m. to 9:00 PM.
10) Retail sales shall be limited to Agritainment related items. This includes but not limited
to, items that can be produced locally or grown on site, such as produce, honey, sweet corn,
pumpkins, gourds as well as non-edible items such as products and crafts produced or
manufactured on site, such as wood slabs, benches, birdhouses. Retail items promoting the
establishment, with its name are allowed.
11) All animals must comply to section 20-264 –(10) “Petting farms”
12) A termination date shall be established for the interim use permit. The use shall be
permitted until a particular date, until the occurrence of a particular event, or until zoning
regulations no longer permit it. Prior to the permit expiring, the applicant may request an
extension to the interim use permit by submitting a new application. The renewal
application will be subject to all city ordinances including any new ordinances enacted after
the original approval.
13) Parking screening is required when within 50 ft of a residence.
14) Proof of Insurance must be provided in permit plan.
15) Rules for Vendors – Location of vendors to be identified on site plan.
Degler Farm Narrative & site plan
Brief Background:
Degler Farm has an extensive background in farming and educational teaching. Family founded by
multi- generational elementary and high school educators; Degler Farm has a passion for educating
youth. Our mission is to educate local youth on the operation, economics, and future of agriculture. In
this spirit, Degler Farm would like to be more community facing through the growing area of
Agritainment. We want to bring our passion for education and combine it with farm friendly activities.
This “outside the classroom” learning on the farm is not only instructive, but fun. We see it as another
yet another way to reach our neighbors and local community.
Activity: Description: Education component:
Hay rides -Give participants a ride on a
tractor pulled wagon.
Local farm history in Chanhassen
Tree identification
Corn Maze -Participants walk through a
corn cut maze
How corn is grown
Corn Pit -Area of shelled Corn for play What shelled corn looks like –
differences between sweet corn and
field corn.
Straw Bale Maze -Smaller kid size maze What is straw?
Pumpkin Picking -Pick your own Crop rotation and plant care
Antique Tractor
Displays
-Outdoor tractor displays Evolution of the farm tractor.
Snowshoeing -Snowshoeing Outdoor fitness & nature etiquette,
animal tracking
Other activities:
Hill slides, pumpkin throwers, lookout towers, zip lines, apple picking, saw mill demonstrations,
hay stacks, kiddie trains, animal rides, sleigh rides, snowshoeing, archery stands, axe throwing
maple syrup harvesting, cross country skiing, mounting biking, sledding hill, hiking trails.
Parking Size:
.76 acres
.92 acres
114 car capacity
138 car
capacity
2.25 acres
335 car
capacity
Parking Size/Capacity:
A one acre parking lot with
only lanes and spaces could fit
approximately 150 cars.
Assuming we are going with
box (90 degree) parking, the
dimensions of the space
required to park two cars is
504 (9 feet wide)(17.5 feet long
+ 21 foot travel lane + 17.5 foot
space) square feet. Shown on
map are approximate parking
car capacities
Parking Location:
The 3 lots are options shown
as rotational placements of
parking. We will still farm the
acres and plant a permeable
tough alfalfa grass mix which
has deeper root base, tough
enough for driving over.
Entrances/exits are from
Audubon Road and marked
with dotted lines.
Expected Use:
In 2020 the most cars we had on
the premise was 25 cars parked at
1 time. (40 on a Saturday)
Lot 1
Lot 2
Lot 3
Locations:
Vendor Locations:
Vendor location options are shown
in locations marked as shown in
red.
Corn maze Location:
Location of 2020/2021 corn maze
is shown below. Due to rotational
nature of crops, corn maze
location can change.
Corn pit & straw bale maze
Location is shown in red.
Hay Ride:
Hay Ride path is a loop that starts
at farm and travels through the
back pasture. It will start/end at
the farm yard. Hay ride route will
change slightly based on crop
rotation. Cross country skiing,
hiking, and biking will utilize same
trail.
Trail Location:
Other Locations:
Sledding Hill/Hill Slides:
-Marked in Red/shaded area
Zip line:
-Marked in Red line
Proof of Insurance:
Farm Bureau – Policy number: 0000081422
Eff: June 2020.
Termination Date:
Interim Use Permit will terminate when the
property is developed.
U
DRAFT June 2021
Questions/concerns about the Degler Agritainment Proposal adjoining our property at 9231
Audubon Road:
1 Office/industrial and parks/open space was the old plan. What is the nmr plan for the zoning
of our property?
2 ls the old plan for a road running from the Lyman lift station through Degler's property at
9211 Audubon Rd to take Drive now dead?
3 Water ls available along our Audubon boulevard. Saler is pending. What doesthat mean?
4 What is the county/city going to do about the extra traffic along Audubon Road from the
Lyman stoplight to the Autumn Woods/Butternut stoplight? lt's already bumper to bumper
due to Chanhassen High and the business parks, not to mention the coming Lennar and
Avienda Developments proposed. ls a round-about at Degler's driveway the answer?
5 The number of cars in the three proposed parking lots on Deghrs property is shocking when
filled tocapacity. Howwill cars be funneled in and out of Degler's driveway efficiently? This
gives us visions of the Renaissance Fair backup.
6 What are thelirnits.sn nsise levels? ln t?re past, rre've been abh to hear the Deglers yelling
from inside their bam over the sound of their milking roachines. What will rit be like when
there will be groups of extra people yelling, screaming and cheering?
7 The Degler Agritainment hours proposed are too long also. Families in the neighborhood are
trying to put their young kids to bed when it gets dark out and they don't need the extra noise.
8 Then there is the problern of Degler's guests spilling oy€r onto our property. We expect
there will be "exploring/trespassing'like a free'for-all. (We've already had kids from the new
housing/apartments around us coming into our yardn/buildings. So we now have to put locks
on our barn/streds for safety reasons.)
9 Because of the above concerns, we feel that it is time to market our property. What would
the City of Chanhassen like to see at 9231 Audubon Road? From start to fin'rsh, how long is
Degler's Agritainment Development going to take?
Sincerely,
George and Connie 5t. Martin 952-MS-6219
Degler Farm
May 2021
Why are we here?
Covid made people find local fall activities.
•We saw an increase in our fall activities.
•We want add to our activity list, but discovered these activities are not addressed
by current city code.
•Create a new definition in the city code -“Agritainment” / “Agritourism”
•Create criteria for what defines and is allowed in an Agritainment permit.
•Amend city code to include Agritainment as a New Interim Use for the “A-2” district.
Outcomes:
Background:
9111 Audubon Rd,
Chanhassen, MN 55317
Notable Events
2005
1990
1972
1947 Dean & Lois Degler start their life together
milking dairy cows
Degler Farm hosts school tours from St.
Louis Park.
Begin Pumpkin sales
Active in local 4-H clubs and schools tours
Transition from a dairy farm to a crop
production specializing in blended horse
feed, corn, soybeans.
Meet Degler Farm!
5th Generation Family Farm
2018 First hayrides.
2019 Create first Corn Maze, Hayrides, corn pit
Degler Farm
Agritainment activities
Corn MazeHayrides
Pumpkins for everyone
Degler Farm
Agritainment activities
Gravity Box Basketball
Pumpkins, Corn Pit,
Hayride
Youth Groups
Call To action
•Work with city to create new ordinance as soon as
possible
7
THANK YOU!
Google Reviews
4.8 of 5 Stars
SW news article -2019
Local, family-owned, and family-friendly! This place is a hidden gem and our group of 4 20-somethings had a BLAST! The farm has so many fun
attractions -we did them all over the span of about 2 hours and highly recommend that you try them all as well to get the most out of your
experience! The owners are incredibly kind and welcoming, and so fun to chat with. See you again next year -Abbi
Today I went with my boyfriend, my friend, and my sister to visit on our shared day off, and boy was it a treat. The place wa s great, the owners
very friendly, and the weather worked out (as it is, of course, something they control). I like laying siege to a hillside using a cannon and trebuchet
(the superior weapon). Unfortunately, I could not launch my friend Cameron into the abyss below. Overall great time, and I go t a free pumpkin for
stopping by, which made the day better. Will stop back next year they are open, thanks, Degler (times like, 8 of them)! -Dominic
We had a fantastic experience! The space is smaller and intimate, run by a family. You can feel the love that went into creat ing this place.
Would definitely go back! -Malana
We had a great time here today. The hay ride was excellent. Such a
beautiful property. -Jason
Wonderful place! Most fun I’ve had with my kids! They loved it there! 100%
Recommendation! -Jesse
I launched a pumpkin really, really far (like really far), it was really fun. I'll make sure to visit every
year, and the wife was a fan too! -Dom
Definition –Agritainment
•Agricultural, horticultural, or agri-business activity that allows
organizations or members of the general public, for the purpose of
recreation, education or active involvement to view, enjoy, or
participate in rural activities of a farm or farm related operation.
Uses include corn mazes, hayrides, pumpkin picking, corn pits, hill
slides, pumpkin throwers, lookout towers, zip lines, straw bale
mazes, apple picking, play structures, antique tractors displays, saw
mill demonstrations, hay stacks, kiddie trains, animal rides, sleigh
rides, snowshoeing, maple syrup harvesting, cross country skiing,
mounting biking, sledding hills, are exhibited regardless of
compensation.
Sec. 20-xxx -Agritainment
The following conditions will apply to Agritainment activities.
1) The site must be zoned Agriculture “A-2”.
2) The site must be on and have access to a collector or minor arterial.
3) The minimum lot size shall be 10 acres.
4) The site must have 20% of its land being used as “agriculture” as defined in Sec. 1 -2. “Rules of construction and definitions ”
5) All structures and storage areas must be set back 50 feet from public or private rights -of-way, and 300 ft from an adjacent
single-family residences or a minimum of 50 feet from a side lot line, whichever is greater.
6) Parking plan shall be supplied with permit detailing size, capacity, and location. Parking areas shall be limited to on -site
parking.
7) The maximum number of persons to be using the facility at any one time needs to be tied in the application permit or tied to
80% parking capacity as outlined in the permit plan. This allows variations of seasonal activities layouts.
8) Accessory agriculture buildings used for Agritainment events must meet existing building code, or be approved by the city
engineering department prior to use. Intent is to allow provision for use of existing agriculture building where special buil ding
use is requested.
9) Hours of operation shall be from 8:00 a.m. to half hour after sunset.
10) Retail sales shall be limited to Agritainment related items.
11) All animals must comply to section 20 -264 –(10) “Petting farms”
12) A termination date shall be established for the interim use permit. The use shall be permitted until a particular date, u ntil the
occurrence of a particular even, or until zoning regulations no longer permit it. Prior to the permit expiring, the applicant may
request an extension to the interim use permit by submitting a new application. The renewal application will be subject to al l city
ordinances including any new ordinances enacted after the original approval.
Brief Background:
Degler Farm has an extensive background in farming and educational teaching. Family founded
by multi-generational elementary and high school educators; Degler Farm has a passion for
educating youth. It’s in our DNA. Our mission is to educate local youth on the operation,
economics, and future of agriculture. In this spirit, Degler Farm would like to be more
community facing through the growing area of Agritainment. We want to bring our passion for
education and combine it with farm friendly activities. This “outside the classroom” learning on
the farm is not only instructive, but fun. We see it as another yet another way to reach our
neighbors and local community.
Degler Farm activities
Degler Farm
Agritainment activities
Pumpkin ThrowerSaw millingPumpkin Cannon
Newer Activities
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
( ss.
COTINTY OF CARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
lrune 24,,2021, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy ofthe attached notice ofa Public
Hearing to consider a request to amend City Code Chapters I and 20 to define
"Agritainment'/*Agritourism'; Create Standards and Criteria for an Agritainment use as
an Interim Use; Atlow Agritainment uses ts an Interim Use in the Agricultural Estate
District; and Receive an Interim Use Permit for an Agritainment use on property located at
glll Audubon Road. Zoned Agricultural Estate (A2), Planning Case No.202l-13' to the
persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope
addressed to such owner, and depositing the envelopes addressed to all such owners in the
United States mail with postage fully prepaid thereon; that the names and addresses of such
owners were those appearing as such by the records of the County Treasurer, Carver County,
Minnesota, and by other appropriate records.
I
Kim Clerk
Subscribed and swom to before me
(Seal)
JEAII M S]ECKLII{Gil6ryheillIEcra
li*rlh.,:t&,tD.
thiALl{tday of . )r,.rr<-,2021.
N otarv Public
Sub.iect
Parcel
Dl!cl.lmor
This map is noilher a legally rccoaded map nor a $rrvey and b not inEnded lo be u3€d
as one. This map is a compilaton ot recods. infodation and data loaated in varbus qly,
counly, state and fedeBl ofices and other sources regading the aaea shorn, aM is to
be u!€d br leElence purpcaes only. The Cig does not warant lhat the Geo0raphic
lnbmaton System (GlS) oata l.lsed to prepae Uis map are enor free, and the City does
not reEesent that the Gls Data can be used for navoational, tr&king or any other
purpoBe requiring exac'tng measuement of distance or direclion or rrecision in the
de clbn of geographic lbatures. The p.eceding dirdaimer i9 provided puEuanl to
Minn*ota St.tl.lte3 5,(66.03, Subd. 21 (2000), and tie user ol this map acknou,ledges
dlat $e City shall not be liable fo. any damages, and expPssly waives all daims, and
agre6 to debnd. indemnify, and hold harmless the City from any and all claims brouoht
by user, ils employe€s oI agents, or third parlies which aris€ out of the users accass or
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as orle. ThB mep is a compihtion ot recoads, intormation and data located in vadou3 city,
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be used for lEfelence purpoees ooly. The city doeg nol warranl that the G€ographic
lnfu.maton Sygtem (GlS) Data used to p,epare this map ale enor te€. aftl the City does
not represenl flat the GIS Dalia can be used for navigatioml, trac*ing oa any other
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1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 1
AND CHAPTER 20
REGULATING AGRITOURISM USE
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Intent of this ordinance is to permit Agritourism as an interim, accessory use of a
working/active farm to provide educational, entertainment and recreational activities related to
agricultural operations.
Section 2. The Chanhassen City Code is amended by adding the following definition to section
1-2 to read as follows:
Agritourism means activities carried out on a farm that allows organizations or members of the
general public, for recreational, entertainment, or educational purposes, to view, enjoy, or
participate in rural activities regardless of compensation.
Uses include corn/bean mazes, hay rides, pumpkin picking, harvest-your-own produce, corn
pits, hill slides, pumpkin throwers/cannons, lookout towers, zip lines, straw bale mazes, apple
picking, play structures, antique tractors displays, saw mill demonstrations, agricultural
demonstrations, hay stacks, kiddie trains, animal rides, sleigh rides, snowshoeing, maple syrup
harvesting, cross country skiing, animal walks, animal rides, farm implement games, sledding
hills, axe throwing, outdoor music, archery.
Section 3. The Chanhassen City Code Article IV, Division 3, Standards for Agricultural and
Residential Districts, is amended by adding section 20-252, and renumbering the sections that
currently exist, to read as follows:
Agritourism.
The following conditions will apply to Agritourism activities:
1) Plans shall be required showing the location of all improvements, structures or proposed
activity areas.
2) The site must be on and have access to a collector or minor arterial.
3) The minimum lot size shall be 20 acres.
4) The site must have 50% of its land being used as “agriculture” as defined in Sec. 1-2.
“Rules of construction and definitions”.
2
5) All structures and storage areas must be set back 50 feet from public rights-of-way and
150 feet from any adjacent single-family residences, or a minimum of 50 feet from a side
lot line, whichever is greater.
6) The applicant shall provide a parking plan detailing size, capacity, and location. Parking
areas shall be limited to on-site parking. Parking areas shall be set back 50 feet from
public right-of-way unless screened. Accessible parking shall be shown on the plans and
must be on an accessible surface. The number of accessible spaces shall be based on the
maximum parking capacity.
7) Buildings used for Agritourism events must meet City building and fire codes in effect at
the time of the use. Building requirements shall be based on occupancy.
8) Hours of operation shall be from 8:00 a.m. to ½ hour after sunset.
9) Retail sales shall be limited to Agritourism-related items. This includes, but is not
limited to, items that can be produced locally or grown on site, such as produce, honey,
sweet corn, pumpkins, gourds as well as non-edible items such as products and crafts
produced or manufactured on site. Items promoting the establishments with its name are
permitted, but retail space for these items is limited to 300 square feet.
10) All animals must comply with City Zoning Code requirements for petting farms section
20-264–(10).
11) Applicant must maintain emergency vehicle access to all areas on site and entrance and
egress. The access to buildings and parking areas will require a proper road surface,
which is able to provide support for emergency and fire vehicles.
12) Parking screening shall be in conformance with section 20-1181 of the Chanhassen City
Code within 50 feet of a residence that is not located on the property subject to the
Interim Use Permit for Agritourism.
13) The applicant must obtain all required State approvals, licensure and permits.
14) Vendors shall be limited to food trucks. The location of vendors shall be identified on
the site plan.
15) The applicant shall include erosion and sediment controls on the permit submittal or
provide justification for why erosion and sediment control may not be necessary. In
addition, if City staff identify that erosion and sediment control issues are created or
persist during the duration of the IUP, the City can require subsequent erosion and
sediment control measures to mitigate against these issues. All appropriate temporary
erosion and sediment control measures shall be maintained by the owner until permit is
closed out.
16) Agritourism interim use sites are required to provide an initial analysis of the “before”
and “after” operational traffic impacts to the abutting and surrounding road system
resulting from proposed plans associated with the interim use and associated traffic
movements and volumes in order to identify capacity deficiencies at affected
3
intersections and to help identify feasible solutions to the deficiencies.
17) The applicant shall provide sanitary facilities for the site visitors. The use of and location
of portable chemical toilets must be reviewed and approved as a condition of approval of
an Agritainment use. The maintenance and use of chemical toilets shall be subject to the
following:
a. Shall be securely anchored to the ground to prevent tipping.
b. Shall be screened from public right-of-way and residential property with
landscaping.
c. Shall be serviced as operational plans require based on usage.
d. Only models designed to minimize the potential for spilling may be used.
e. Receipt of an annual permit from the City's Planning Department. The permit
shall be issued unless the conditions of approval of this section have been
violated. All permit applications shall be accompanied by the following
information:
1. Name, address, and phone number of applicant(s).
2. Site plan showing proposed location of chemical toilet(s).
3. Name, address, and phone number of chemical toilet supplier.
4. Plan for commercially maintaining the chemical toilet, including a copy of
any agreement for maintenance, and the name, address, and phone number of
person responsible for maintenance.
5. A written description of how the applicant intends to screen the portable
chemical toilet(s) from all views into the property.
18) Outdoor music with amplified sound shall require a special event permit pursuant to
section 20-964 of the Chanhassen City Code.
19) Prior to commencing activities and demonstration involving equipment and machinery or
the use of projectiles, the applicant shall establish safety practices, procedures and
locations for such activities and provide to the City the plan for the established safety
practices, procedures and locations.
Section 4. The Chanhassen City Code Article X, Agricultural Estate District, Section 20-576,
Interim Uses, is amended by adding the following use to the list of interim uses: Agritourism.
Section 5. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this ___day of _____, 2021, by the City Council of the City
of Chanhassen, Minnesota
Laurie Hokkanen, City Manager Elise Ryan, Mayor
(Published in the Chanhassen Villager on ______________)
4
g:\plan\2021 planning cases\21-13 degler farm center ord amendment and iup\ordinance clean copy.docx
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
INTERIM USE PERMIT #2021-13
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen
hereby grants an interim use for an Agritainment use for 9111 Audubon Road.
2. Property. The permit is for the following described property ("subject property") in
the City of Chanhassen, Carver County, Minnesota:
(See Exhibit A)
3. Conditions. The permit is issued subject to the following conditions:
Building:
a. Accessible parking shall be located on an improved, centralized, permanent surface and
shall be based on the maximum parking provided based on the rotational parking plan
shown in Exhibit B.
Engineering:
a. All conditions set forth by Carver County shall be addressed by the applicant, and all
permits required shall be obtained prior to the commencement of Agritainment
operations.
b. Parking capacity shall be based on city standard parking lot layout in Section 20-1118 of
the Chanhassen City Code.
c. Corn rows are an acceptable screening for parking lots.
Fire:
a. Corn mazes and Straw Mazes shall be set back at least 75 feet from all vehicular parking
and all ignition sources, including open flame (recreational fire pits).
b. Applicant must place a fire hydrant on site.
Planning:
a. The Interim Use Permit (IUP) shall terminate five (5) years from the date of City
Council approval.
b. Buildings and use areas shall be as shown on the approved Exhibit B. Additional
buildings shall require an amendment to the Interim Use Permit.
c. Sanitary facilities shall be provided for site visitors.
d. The use of the subject property must be in general conformance with the attached
Exhibit B. An annual report of the activities proposed for the upcoming year and an
updated site plan with the parking location for the year shall be submitted to the City by
2
May 1st each year.
Water Resources:
a. The applicant shall incorporate Bluff Creek Overlay District (BCOD) Conservation Area
signage within the BCOD portion of the site. Precise amount and location of signage can
must be approved by the City’s Water Resources Coordinator.
4. Termination of Permit. This Interim Use Permit shall terminate upon the
occurrence of any of the following events, whichever first occurs:
a. The date stated in the permit;
b. Upon violation of conditions under which the permit was issued;
c. Upon change in the city's zoning regulations which renders the use nonconforming;
d. Upon the subdivision of the property or the alteration of the lot lines of the property.
5. Lapse. If within one year of the issuance of this permit the authorized construction
has not been substantially completed or the use commenced, this permit shall lapse, unless an
extension is granted in accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penalty. Violation of the terms of this Interim Use Permit is a criminal
misdemeanor.
3
Dated: August 9, 2021
CITY OF CHANHASSEN
By:
Elise Ryan, Mayor
By:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
( ss
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2021, by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Council.
Notary Public
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
4
EXHIBIT A
To the following described Real Estate situated in Carver County, Minnesota.
(A) The Northwest Quarter of the Southeast Quarter (NW¼ of SE¼ of Section 22, Township
116, Range 23, containing 40 acres of land, more or less.
(B) Also, beginning at the post in South line of Northwest Quarter of Southeast Quarter (NW¼
of SE¼) Section 22, Township 116, Range 23, One (1) chain West from the Southeast (SE) Corner
of said Northwest quarter of Southeast quarter (NW¼ of SE¼); thence South 38½ dgs. West 2.38
chains; thence South 73 dgs. West 4.35 chains; thence South 36½ dgs. West 1.90 chains; thence
South 17½ dge. West 3.70 chains; thence North 82 dgs. West 1.50 chains to a point in North and
South middle line of Southwest quarter of Southeast quarter (SW¼ of SE¼); thence North along
said middle line 8.00 chains to a post in South line of Northwest Quarter of Southeast Quarter
(NW¼ of SE¼); thence East 10.00 chains to place of beginning, situated in East Half (E½) of
Southwest Quarter of Southeast Quarter (SW¼ of SE¼), Section 22, Township 116, Range 23,
containing 3.60 acres.
(C) Also, Commencing at a post on center line of Section 22, Township 116, Range 23, which
post bears South 4.20 chains from center post of said Sec. 22; thence South 15.32 chains to Quarter
Quarter post; thence North 44½ dgs. West 27.90 chains; thence East 15.32 chains; thence South
4.28 chains; thence East 4.28 chains to place of beginning, situated in Lot 2, Sec. 22, Township 116,
Range 23 and containing 17.37 acres, more or less.
(D) Also, Beginning at the Quarter Section post on South line of Section 22, Township 116,
Range 23, running thence North along center line of said Section 20.00 chains to middle line of
Southeast quarter (SE¼) of said Section; thence East along said middle line 10.00 chains; thence
South parallel with first mentioned line 15.75 chains to a point in the center of a creek; thence
Southerly along center of said creek to South line of said Section; thence West 7.00 chains to place
of beginning, containing 19 acres of land more or less, situated in West half of Southwest quarter of
Southeast quarter (W½ of SW¼ of SE¼) of Section 22, Township 116, Range 23.
5
Exhibit B
Degler Farm Narrative & site plan
Brief Background:
Degler Farm has an extensive background in farming and educational teaching. Family founded by
multi- generational elementary and high school educators; Degler Farm has a passion for educating
youth. Our mission is to educate local youth on the operation, economics, and future of agriculture.
In this spirit, Degler Farm would like to be more community facing through the growing area of
Agritourism. We want to bring our passion for education and combine it with farm friendly
activities. This “outside the classroom” learning on the farm is not only instructive, but fun. We
see it as another yet another way to reach our neighbors and local community.
Activity: Description: Education component:
Hay rides -Give participants a ride on a
tractor pulled wagon.
Local farm history in Chanhassen
Tree identification
Corn/Bean Maze -Participants walk through a
corn/bean cut maze
How corn is grown
Corn Pit -Area of shelled Corn for play What shelled corn looks like –
differences between sweet corn and
field corn.
Straw Bale Maze -Smaller kid size maze What is straw?
Pumpkin Picking -Pick your own Crop rotation and plant care
Antique Tractor
Displays
-Outdoor tractor displays Evolution of the farm tractor.
Snowshoeing -Snowshoeing Outdoor fitness & nature etiquette,
animal tracking
Other activities:
Hay rides, corn/bean maze, corn pit, straw bale maze, tractor displays, snowshoeing, harvest-your-
own produce, hill slides, pumpkin throwers/cannons, lookout towers, zip lines, play structures, saw
mill demonstrations, hay stacks, kiddie trains, animal rides, sleigh rides, snowshoeing, maple syrup
harvesting, cross country skiing, animal walks, animal rides, farm implement games, sledding hills,
axe throwing, outdoor music, archery stands, agricultural demonstrations are exhibited regardless of
compensation.
6
Sledding Hill/Hill Slides:
Marked in Red outline/green shaded area
Zip line:
Marked in Purple line
Hayride:
Hayride path is a loop that starts at farm and
travels through the back pasture. It will
start/end at the farmyard. Hayride route will
change based on crop rotation. Cross
country skiing, snowshoeing, hiking, animal
walks, animal rides, sleigh rides, and biking
will utilize same trail.
Vendor Locations:
Shown in the general area marked by in
Yellow dot.
Chemical Toilet Locations:
Marked by orange dot, this location is not
able to be seen from outside the property.
Corn/bean maze Location:
Location of 2020/2021 corn maze is shown
pictorially. Due to rotational nature of crops,
corn maze location will change.
Corn pit & straw bale maze
General location is shown by green dot.
Other activities: (will rotate around farmyard
based on field planting & parking – (8 blue dot
areas)
Tractor displays, harvest-your-own produce,
pumpkin throwers/cannons, lookout towers,
play structures, sawmill demonstrations, hay
stacks, kiddie trains, maple syrup harvesting,
farm implement games, axe throwing, outdoor
music, archery stands, agricultural
demonstrations
Parking Size/Capacity/Locations:
• A one acre parking lot with only lanes and spaces could fit approximately 150 cars. Assuming we are going with box (90 degree) parking, the dimensions
of the space required are (9 ft wide) (18 ft long + 26ft travel lane.) Shown on map are approximate parking car capacities.
• Parking Location:
• The 3 lots are options shown as rotational placements of parking. Entrances/exits are from Audubon Road and marked with dotted lines.
• In 2020 the most cars we had on the premise was 25 cars parked at 1 time. (40 total on a Saturday) The parking plan is meant to show we have ample
parking spaces.
• Parking Surface will be a permittable fast growing alfalfa/grass mix. In the unlikely event that erosion or dust present a problem, the affected area will be
roped off and fitted with erosion barriers. (hay bales) Lots that do not survive winter freeze will be replanted.
• Accessible parking locations will be placed each year as needed in magenta and follow guidelines of size and quantity.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO. _____, AN ORDINANCE
AMENDING CHAPTER 1, SECTION 1-2;
CHAPTER 20, ARTICLE IV, DIVISION 3; AND
CHAPTER 20, ARTICLE X,
REGARDING AGRITOURISM,
OF THE CHANHASSEN CITY CODE
The purpose of this code amendment is to establish a definition, standards and
allowing Agritourism as an interim use in the Agricultural Estate District.
A printed copy of Ordinance No. ____ is available for inspection by any person
during regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 9th day of
August, 2021 by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
Laurie Hokkanen,, City Clerk/Manager
(Published in the Chanhassen Villager on________________________).
From:Steckling, Jean
To:Steckling, Jean
Subject:FW: 9111 Audubon Road - Agrotourism/Agritainment
Date:Wednesday, August 4, 2021 4:00:00 PM
Attachments:CountyPWReview_10003 Degler IUP_2021-07-06.pdf
From: Angie Stenson <astenson@co.carver.mn.us>
Sent: Wednesday, July 28, 2021 4:51 PM
To: Henricksen, Erik <EHenricksen@ci.chanhassen.mn.us>
Subject: RE: 9111 Audubon Road - Agrotourism/Agritainment
Hi Eric, Thanks for reaching out on this item. Attached is our review memo. We requested high level traffic information to determine if a TIA was required per ourpolicy thresholds. The applicant specified the following: peak hourly trips = 15; averagedaily trips = 30; peak daily trips = 50. These trip generation numbers were not enough tomeet our guidance to require a TIA. The review memo states two areas that we would require changes should the trip levelbe above what was submitted. First, for any planned events with higher trip levels aSpecial Event permit would be required, which would include review of a trafficmanagement plan, etc. Second, if the use is persistently above that defined in the IUP, wewould require additional review/permitting – possible improvements to the roadwaylike any other development. You bring up a good point that this second area is moreunclear in the sense that other, similar IUP examples we have are where the County isthe land use authority. I think in this case the City would need to enforce the IUPconditions. One issue we are facing with many of our IUPs in the County is how do wemonitor traffic levels to those approved in the IUP. We also included an explanation that the access point meets secondary access spacingand, long-term, wouldn’t be a full access – pending traffic levels and development. For context, we had a very similar use come through the County’s IUP process in 2020for Lovable Llamas off of CSAH 10. After several meetings, it was determined the majorexisting/potential traffic issue was related to minimal (1-2 per year) special event days,which could be regulated through that permitting process.
Angie Stenson AICP │ Sr. Transportation Planner
Carver County Public Works
Mobile 612.360.7422 │ Email astenson@co.carver.mn.us
Carver County
Public Works
11360 Highway 212, Suite 1
Cologne, MN 55322
Office (952) 466-5200 | Fax (952) 466-5223 | www.co.carver.mn.us
CARVER COUNTY
July 6, 2021
City of Chanhassen
c/o Bob Generous AICP
Senior Planner
952-227-1131
bgenerous@ci.chanhassen.mn.us
CC: Todd Degler, Applicant, todddegler@gmail.com
Re: Development / Access Review Comments: 9111 Audubon Rd. Interim Use Permit
located at PID# 250220800 adjacent to County State Aid Highway (CSAH) 15
(Audubon Rd.) and CSAH 18 (Lyman Blvd.)
Thank you for the opportunity to review the subject development in the City of Chanhassen.
Consistent with the County Comprehensive Plan and County Codes, and other official controls of the
County, the following are comments and recommended conditions of approval and as potential
requirements for any necessary permits to be issued for the project.
1. Regarding access onto the County Highway –
a. The County’s Access Spacing Map in the 2040 Comprehensive Plan (Figure 4.14)
identifies this segment of CSAH 15 as Category 5B, which guides full access intersection
spacing at ¼ mile intervals and secondary (limited) intersection spacing at 1/8 mile
intervals. The distance to the proposed entrance meets the spacing guidance for
secondary (limited) access consideration: 1/8 mile from the CSAH 15/CSAH 18
intersection and 1/8 mile from the CSAH 15/Lakeview Dr. intersection.
i. The access type and location for the proposed use and traffic is consistent with
County policy. Additional County review and approval will be required if the
proposed use changes or if the traffic condition changes such that the site is
used regularly above what is proposed.
ii. No access to CSAH 18 is proposed. Additional County review and approval will
be required if this condition changes.
b. The existing access will need to be widened so that operationally it can accommodate
two vehicles entering and exiting at the same time. Coordinate with Public Works for
required driveway specifications and potential permit requirements for this condition.
c. A pavement preservation project is planned for this segment of CSAH 15. Public Works
will review and analyze the striping plan for this location and incorporate any changes
into the upcoming project.
2. Regarding special events –
a. Uses and special events over and above the typical peak traffic stated in the IUP
application information and meeting the qualifying criteria for a Special Event permit
will be required to be reviewed separately under a Special Event permit.
i. The proposed IUP must follow the requirements of the Special Events permit
for qualifying events: https://www.co.carver.mn.us/how-do-i/apply-for/a-permit
As part of the Special Event permit, the applicant would need to coordinate
with Public Works regarding the event including required traffic control and
traffic management plan.
3. Prior to any work affecting or on County highways or in County right of way, the applicant
shall coordinate plans with the County Engineer and obtain a Utility or
Excavating/Filling/Grading Permit(s) from Carver County Public Works:
(www.co.carver.mn.us/departments/public-works/quick-links/permits). Final details of
locations, grades, and profiles affecting County roads as well as any utility connections will
need to be reviewed and approved prior to any permits.
4. Any damages, modifications, or changes incurred on County highways from current or
approved conditions will need to remedied or updated at development expense, including
costs incurred by the County.
These are the County’s comments at this time. If you have any questions or need further assistance,
please contact staff noted below:
Joan Guthmiller
Administrative Technician
Carver County Public Works
952.466.5201
jguthmiller@co.carver.mn.us
Angie Stenson AICP
Sr. Transportation Planner
Carver County Public Works
952.466.5273
astenson@co.carver.mn.us
Dan McCormick, P.E. PTOE
Traffic Services Supervisor
Carver County Public Works
952.466.5208
dmccormick@co.carver.mn.us
CITY COUNCIL STAFF REPORT
Monday, August 9, 2021
Subject Ordinance XXX: Approve a Request to Rezone Property from Agricultural Estate District (A2)
to SingleFamily Residential (RSF) and Subdivision of Property into 21 SingleFamily Lots with
Variances at 775 West 96th Street
Section NEW BUSINESS Item No: H.1.
Prepared By Bob Generous, Senior Planner File No:
PROPOSED MOTION
"The Chanhassen City Council approves the following for property located at 775 West 96th Street:
1. An ordinance rezoning the development from Agricultural Estate District (A2) to SingleFamily Residential
District (RSF);
2. Preliminary plat with variances for street width, front yard setback (Lot 1, Block 1), wetland setback (Lot 1,
Block 1) and street frontages (Lots 3 through 9, Block 1), subject to the conditions of the staff report;
And
Adopts the Planning Commission's Findings of Fact and Recommendation."
Approval requires a Majority Vote of the entire council.
SUMMARY
The applicant is requesting rezoning of a portion of 775 West 96th Street from Agricultural Estate District, A2, to
SingleFamily Residential District, RSF; subdivision approval to create 21 singlefamily lots with variances for street
widths, street frontages on some lots in Block 1, and wetland setback on Lot 1, Block 1; seven outlots and rightof
way for public streets.
BACKGROUND
The Planning Commission held a public hearing on July 20, 2021 to review the proposed development. The Planning
Commission voted 6–0 to recommend approval of the project subject to the conditions of the staff report. While the
Commission was cognizant of the development's potential impact to existing homes on both West 96th Street and
Eagle Ridge Road, they understood that future development generally is done through the extension of existing
infrastructure.
The homeowner at 750 96th Street West expressed concern that the roadway extension would take some of her
property. City staff has contacted her and provided her a copy of the roadway, drainage and utility easement over the
CITY COUNCIL STAFF REPORTMonday, August 9, 2021SubjectOrdinance XXX: Approve a Request to Rezone Property from Agricultural Estate District (A2)to SingleFamily Residential (RSF) and Subdivision of Property into 21 SingleFamily Lots withVariances at 775 West 96th StreetSectionNEW BUSINESS Item No: H.1.Prepared By Bob Generous, Senior Planner File No: PROPOSED MOTION"The Chanhassen City Council approves the following for property located at 775 West 96th Street:1. An ordinance rezoning the development from Agricultural Estate District (A2) to SingleFamily ResidentialDistrict (RSF);2. Preliminary plat with variances for street width, front yard setback (Lot 1, Block 1), wetland setback (Lot 1,Block 1) and street frontages (Lots 3 through 9, Block 1), subject to the conditions of the staff report; AndAdopts the Planning Commission's Findings of Fact and Recommendation."Approval requires a Majority Vote of the entire council.SUMMARYThe applicant is requesting rezoning of a portion of 775 West 96th Street from Agricultural Estate District, A2, toSingleFamily Residential District, RSF; subdivision approval to create 21 singlefamily lots with variances for streetwidths, street frontages on some lots in Block 1, and wetland setback on Lot 1, Block 1; seven outlots and rightofway for public streets.BACKGROUNDThe Planning Commission held a public hearing on July 20, 2021 to review the proposed development. The PlanningCommission voted 6–0 to recommend approval of the project subject to the conditions of the staff report. While theCommission was cognizant of the development's potential impact to existing homes on both West 96th Street andEagle Ridge Road, they understood that future development generally is done through the extension of existinginfrastructure.
The homeowner at 750 96th Street West expressed concern that the roadway extension would take some of her
property. City staff has contacted her and provided her a copy of the roadway, drainage and utility easement over the
northern portion of the the property. The future extension would fall with in this easement.
A resident that lives on Flintlock Trail adjacent to the future development of the Erhart property was concerned about
a potential street connection. Staff requested that the developer draft a development scenario for the western portion
of the site. This included potential water tower sites and street connections.
The Planning Commission minutes for July 20, 2021 are attached.
DISCUSSION
The proposed rezoning to SingleFamily Residential District (RSF) is consistent with the Comprehensive Plan Land
Use designation. The RSF District is the most appropriate zoning district to rezone this property since it is the primary
zoning for singlefamily residential properties, is a standard zoning district, and permits only singlefamily homes. Only
the proposed lots in Phase 1 would be rezoned to RSF.
The proposed development meets the standards of the subdivision ordinance subject to the variance for Eagle Ridge
Way, and the zoning ordinance requirements subject to the variance for the lots on Block 1. Prior to final plat
approval, the developer will need to address the construction plan and infrastructure design issues contained in the
recommended conditions of approval.
RECOMMENDATION
City staff and the Planning Commission recommend approval of the project subject to the conditions of the Planning
Commission staff report and adoption of the Findings of Fact and Recommendation.
ATTACHMENTS:
Rezoning Ordinance
Planning Commission Staff Report dated July 20, 2021
Planning Commission Staff Report dated July 20, 2021 Attachments FOF App Narrative
Planning Commission Staff Report dated July 20, 2021 Plan Sheet Set 1 of 2
Planning Commission Staff Report dated July 20, 2021 Plan Sheet Set 2 of 2
Planning Commission Staff Report dated July 20, 2021 Attachments Traffic Impact Analysis Process Affidavit
of Mailing
Planning Commission Meeting Minutes dated July 20, 2021
W. 96th Street Concerns
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE,
BY REZONING CERTAIN PROPERTY
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby
amended by rezoning from Agricultural Estate District (A-2) to Single-Family Residential District
(RSF), for all property within the Erhart Farm residential development, with the following legal
description:
Lots 1 through 17, Block 1, and Lots 1 – 5, Block 2,
Erhart Farm Addition, Carver County, Minnesota.
Section 2. The zoning map of the City of Chanhassen shall not be republished to show the
aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office
for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the
notations, references, and other information shown thereon are hereby incorporated by reference
and made a part of this ordinance.
Section 3. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 9th day of August, 2021, by the City Council of the City
of Chanhassen, Minnesota
Laurie Hokkanen, City Manager Elise Ryan, Mayor
(Published in the Chanhassen Villager on ______________________________)
PLANNING COMMISSION STAFF
REPORT
Tuesday,July 20,2021
Subject Consider a Request to Rezone Property from Agricultural Estate District A2)to Single-Family
Residential RSF)and Subdivision of Property into 21 Single-Family Lots with Variances at 775
96th Street W.
Section PUBLIC HEARINGS Item No:B.1.
Prepared By Bob Generous,Senior Planner File No:
PROPOSED MOTION:
The Chanhassen Planning Commission recommends that City Council approve the rezoning of the development
from Agricultural Estate District A2)to Single-Family Residential District RSF)preliminary plat with variances for street
width,front yard setback Lot 1,Block 1),wetland setback Lot 1,Block 1)and street frontages Lots 3 through
9,Block 1)subject to the conditions of the staff report and
adopt the Findings of Fact and Recommendation.SUMMARY
OF REQUEST The
applicant is requesting rezoning of a portion of the property from Agricultural Estate District A2)to Single-Family Residential
District RSF)subdivision approval to create 21 single-family lots with variances for street widths,street frontages on
some lots in Block 1,and wetland setback on Lot 1,Block 1 seven Outlots and right-of-way for public streets.APPLICANT
Black
Cherry
Development,LLC,9611 Meadowlark Lane,Chanhassen,MN 55317 SITE INFORMATION
PRESENT ZONING:
Agricultural Estate District A2)LAND USE:
Residential Low Density ACREAGE:117.
4 acres DENSITY:1.
69 units per net acre APPLICATION REGULATIONS
Chapter 18,
Subdivisions
PLANNING COMMISSIONSTAFFREPORTTuesday,July 20,2021SubjectConsider a Request to Rezone Property from Agricultural Estate District A2)to Single-FamilyResidentialRSF)and Subdivision of Property into 21 Single-Family Lots with Variances at77596thStreetW.Section PUBLIC HEARINGS Item No:B.1.Prepared By Bob Generous,Senior Planner File No:PROPOSED MOTION:The Chanhassen Planning Commission recommends that City Council approve the rezoning of thedevelopmentfromAgriculturalEstateDistrictA2)to Single-Family Residential District RSF)preliminary plat with variances forstreetwidth,front yard setback Lot 1,Block 1),wetland setback Lot 1,Block 1)and street frontages Lots 3through9,Block 1)subject to the conditions of the staff report andadopttheFindingsofFactandRecommendation.SUMMARYOFREQUESTTheapplicantisrequestingrezoningofaportionoftheproperty from Agricultural Estate District A2)to Single-FamilyResidentialDistrictRSF)subdivision approval to create 21 single-family lots with variances for street widths,streetfrontages onsomelotsinBlock1,and wetland setback on Lot 1,Block 1 seven Outlots and right-of-way for publicstreets.APPLICANTBlackCherryDevelopment,LLC,9611 Meadowlark Lane,Chanhassen,MN 55317SITE INFORMATIONPRESENTZONING:AgriculturalEstateDistrict A2)LAND USE:Residential Low DensityACREAGE:117.4acresDENSITY:1.69 units per net acre APPLICATION REGULATIONS
Chapter 18,
Subdivisions Chapter 20,
Article II,Division3.Variances Chapter 20,
Article XI,A2”Agricultural Estate District BACKGROUND On
January
25,2021,the City Council approved the Interim Use Permit IUP)to allow site grading to create an open water wetland.
The project began this winter,but due to warm weather,could not be completed.On August
14,2020,the Chanhassen City Council approved the adjustment to the Bluff Creek Overlay District BCOD)Primary
Zone boundary to encompass the additional 3+acre area adjacent to Highway 212 in Outlot G Planning
Case 2020-13).On July
7,2020,the City of Chanhassen received a complete Wetland Delineation Report for the property and a Notice of
Application was sent on July 15,2020.The on-site Technical Evaluation Panel TEP)was held on July 29,2020 in
order to review the wetland boundaries and types.The wetland types that were delineated on the property were Types
1,2,3,5,and 6.The TEP and Local Government Unit LGU)concurred with the boundaries and types and the
Notice of Decision was issued on August 8,2020.As part
of the 2040 Comprehensive Plan adopted on February 10,2020,the City approved a three acre Land Use amendment from
Residential Low Density to Office in the western portion of the parcel encompassing the area adjacent to Highway
212 in Outlot G.In 2008,
as part of the City’s 2030 Comprehensive Plan,the City approved a Land Use amendment of the westerly 10 acres of
the property from Residential-Low Density to Office.On October
23,2006,the Chanhassen City Council approved Wetland Alteration Permit 06-32 for the construction of an
access road and stormwater pond.The wetland mitigation for this is located on Outlot G north of the large wetland complex
On July
10,1995,the City Council approved the preliminary and final plat of Butternut Ridge Addition,Subdivision 95-9,
creating one lot and one outlot.This subdivision permitted the property owner to sell the 2½-acre home site on the property
and keep the balance of the site for the owner’s personal use and future development.The property owner still
owns the home on the property.RECOMMENDATION Staff
recommends
that the Planning Commission recommend approval of the rezoning of the development from Agricultural Estate
District A2)to Single-Family Residential District RSF)preliminary plat with variances for street width,front yard
setback Lot 1,Block 1),wetland setback Lot 1,Block 1)and street frontages Lots 3 through 9,Block 1)subject
to the staff report conditions of approval and adoption of the Findings of Fact and Recommendation.ATTACHMENTS:Staff Report
Findings
of Fact
Recommendation Development Review Application
Development Narrative Preliminary
Plat and
Site Development Plans Appendix A:Traffic
Impact Analysis Process Affidavit of Mailing
CITY OF CHANHASSEN
PC DATE: July 20, 2021
CC DATE: August 9, 2021
REVIEW DEADLINE: September 11, 2021
CASE #: 2021-12
BY: RG, EH, JR, DN, JS, ET
SUMMARY OF REQUEST: The applicant is requesting a rezoning and subdivision approval
with variances for a single-family residential development.
LOCATION: 775 West 96th Street
APPLICANT: Black Cherry Development, LLC
9611 Meadowlark Lane
Chanhassen, MN 55317
PRESENT ZONING: Agricultural Estate District, A2
2020 LAND USE PLAN: Residential Low Density (net density 1.2 – 4 units per acre)/Office
Northwestern 13 acres)
ACREAGE: 117.14 acres DENSITY: 1.69 units per net acres (Phase 1)
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
PROPOSED MOTION:
The Chanhassen Planning Commission recommends that City Council approve the rezoning of
the development from Agricultural Estate District (A2) to Single-Family Residential District
RSF); preliminary plat with variances for street width, front yard setback (Lot 1, Block 1),
wetland setback (Lot 1, Block 1) and street frontages (Lots 3 through 9, Block 1) subject to the
conditions of the staff report and adopt the Findings of Fact and Recommendation.”
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 2
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 Zoning Ordinance for a variance. The City has a
relatively high level of discretion with a variance because the applicant is seeking a deviation
from established standards. This is a quasi-judicial decision.
The City’s discretion in approving or denying a Variance in conjunction with a subdivision 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.
PROPOSAL/SUMMARY
The applicant is requesting rezoning of a portion of the property from Agricultural Estate
District, A2, to Single-Family Residential District, RSF; subdivision approval to create 21
single-family lots with variances for street widths, street frontages on some lots in Block 1, and
wetland setback on Lot 1, Block 1; seven Outlots and right-of-way for public streets.
The applicant held neighborhood meetings with the West 96th Street residents on Saturday,
July 10, 2021 and the Foxwood and Pioneer Hills neighborhoods on Wednesday, July 14, 2021.
APPLICABLE REGULATIONS
Chapter 18, Subdivisions
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article XI, “A2” Agricultural Estate District
BACKGROUND
On January 25, 2021, City Council approved the Interim Use Permit to allow site grading to
create an open water wetland. The project began this winter, but due to warm weather, could not
be completed.
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 3
On August 14, 2020, the Chanhassen City Council approved the adjustment to the Bluff Creek
Overlay District (BCOD) Primary Zone boundary to encompass the additional 3+ acre area
adjacent to Highway 212 in Oultot G. (Planning Case #2020-13)
On July 7, 2020, the City of Chanhassen received a complete Wetland Delineation Report for the
property and a Notice of Application was sent on July 15, 2020. The on-site Technical
Evaluation Panel (TEP) was held on July 29, 2020 in order to review the wetland boundaries and
types. The wetland types that were delineated on the property were Types 1, 2, 3, 5, and 6. The
TEP and Local Government Unit (LGU) concurred with the boundaries and types and the Notice
of Decision was issued on August 8, 2020.
As part of the 2040 Comprehensive Plan adopted on February 10, 2020, the City approved a
three acre Land Use amendment from Residential Low Density to Office in the western portion
of the parcel encompassing the area adjacent to Highway 212 in Outlot G.
In 2008, as part of the City’s 2030 Comprehensive Plan, the City approved a Land Use
amendment of the westerly 10 acres of the property from Residential-Low Density to Office.
On October 23, 2006, the Chanhassen City Council approved Wetland Alteration Permit #06-32
for the construction of an access road and stormwater pond. The wetland mitigation for this is
located Outlot G north of the large wetland complex
On July 10, 1995, the City Council approved the preliminary and final plat of Butternut Ridge
Addition, Subdivision #95-9, creating one lot and one outlot. This subdivision permitted the
property owner to sell the 2½-acre home site on the property and keep the balance of the site for
the owner’s personal use and future development. The property owner still owns the home on
the property.
EXISTING CONDITIONS
The developer provided an existing condition survey of the entire 117.14 acre property which
included the field surveyed area of approximately 17.6 acres proposed to be developed (Blocks 1
and 2, Outlots A, B and C, and all newly dedicated right-of-way) and is in general conformance
with the requirements of Sec. 18-40. The remaining 117.14 acres not surveyed will be field
surveyed at the time of future development.
A single-family residence with a barn exists within the proposed development and is proposed to
remain as Lot 5, Block 2. As such, the developer is proposing to vacate the public drainage and
utility easements (DUE) associated with the existing residence and record adjusted public DUE
with the proposed plat. This public DUE, along with all other easements identified within the
platted area, must be vacated before the City Council considers final plat approval. The
additional easements to be vacated include those identified on the existing condition survey (per
document numbers; A186881, A509111, A94210, A651406, etc.). Additionally, the developer
will be required to obtain any necessary right-of-way easements for the extension of W. 96th
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 4
Street from abutting properties. Lastly, the driveway to the existing residence must be surfaced
with bituminous, concrete or other hard surface materials in accordance with Sec. 20-1122 of
City Ordinance.
SITE CONSTRAINTS
Wetland Protection
There is are multiple wetlands located on the property.
Bluff Creek Overlay District
Outlot G is bisected by the Bluff Creek Primary Zone.
Bluff Protection
There are no bluffs on the property.
Shoreland Management
The property is not located within a Shoreland Overlay district.
Floodplain Overlay
This property is not within a floodplain
REZONING
The existing zoning of the property, Agricultural Estate District, 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 are consistent with a Residential Low Density land use:
RSF (Residential Single Family), R4 (Mixed Low Density), RLM (Residential Low and Medium
Density), or PUD-R (Planned Unit Development Residential).
The proposed rezoning to Single-Family Residential District (RSF) is consistent with the
Comprehensive Plan Land Use designation. The RSF District is the most appropriate zoning
district to rezone this property since it is the primary zoning for single-family residential
properties, is a standard zoning district and permits only single-family homes. While the R4
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
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 5
twin homes, townhouses and attached housing, but the RLM District also requires that large
areas of upland are 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, but the ordinance requires that the use of the PUD zoning also
allows for a greater variety of uses, internal transfers of density, construction phasing and a
potential for lower development costs. In exchange for this enhanced flexibility, the City has the
expectation that the development plan will result in a significantly higher quality and more
sensitive proposal than would have been the case with the use of other, more standard zoning
districts.
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.
o 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.
Staff is recommending the rezoning to RSF be approved.
SUBDIVISION
The applicant is proposing a 21 lot, seven outlot subdivision with dedication of public right-of-
way. Except for Outlots A and B, which will be dedicated for permanent open space, the outlots
will be developed in the future through another subdivision review process.
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STREETS
The proposed subdivision has access to public right-of-way via Eagle Ridge Road to the north
and W. 96th Street to the south. The subdivision to the north, Foxwood, was required to construct
Eagle Ridge Road as a minor collector, which terminated at a temporary cul-de-sac. The
developer of the current subdivision, “Erhart Farms” must remove the temporary cul-de-sac and
restore the area. The developer will be provided the $33,750.00 escrow which was collected
from Foxwood for the removal of the temporary cul-de-sac along with other improvements at
this location. Eagle Ridge Road will ultimately extend to Powers Boulevard as development
continues to the west of the proposed subdivision. Eagle Ridge Road, a minor collector in the
City’s roadway network is designed to provide a mixture of mobility and access, and serves a
vital role by routing traffic from the local roads and funneling them to the arterial networks. The
proposed subdivision, along with the future additions, are bound by Powers Boulevard to the
west and Highway 101 to the east, which are both minor arterials and county roads. The
proposed Erhart Farms subdivision has provided plans for the extension of Eagle Ridge Road
along with providing access from the south via the extension of W. 96th Street, which gives
secondary access to both the newly proposed development and the existing Foxwood
development. The developer has provided a “ghost plat” of the future development, which
conceptually takes into account the connection of Eagle Ridge Road to Powers Boulevard,
highlighted in purple and seen below. The ghost plat adequately illustrates the nature of the
minor collector by providing an equal mixture of mobility and access.
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However, in order to limit the unintentional routing of traffic from Eagle Ridge Road, the minor
collector, onto local roads, the proposed 4-way intersection must be redesigned so that the
portion being designated as the minor collector does not require vehicles to stop. As currently
proposed and after ultimate build-out, traffic heading southbound would have to come to a stop
and then turn right to continue on the minor collector roadway, which may be confused with
continuing straight which would route them to a local road. The developer and their design team
have been working with staff to address this concern, and must continue to work with staff to
update the public street layout to be resubmitted for review and approval prior to City Council
considering final plat approval.
A majority of the streets and their right-of-way are proposed to meet City Standards, however the
small ring road abutting Outlot A, “Eagle Ridge Way”, is proposed to be a 26-foot wide back-of-
curb to back-of-curb design within a standard 60-foot right-of-way. The variance from the
City’s 31-foot wide street standard was requested by the developer in order to reduce impervious
surface and save additional trees. As this will be a single-loaded road with homes on only one
side of the road, staff finds that the variance regarding the street width is acceptable, with all
other street section standards being adhered to. However, if the variance for the 26-foot street
design is accepted, plans must incorporate sidewalks along “Eagle Ridge Way” to promote
pedestrian safety along the narrower street section. A sidewalk must also be added along the W.
96th Street corridor extension, as when W. 96th Street is reconstructed sidewalk will be installed
to promote pedestrian connectivity throughout the neighborhoods and to the surrounding the
public trail network.
A “5-foot pervious nature trail” is proposed that connects to “Road A” right-of-way and
terminates at an existing stormwater facility that treats runoff from County Road 101. The
connection point at “Road A” creates a mid-block crossing, i.e. there is no intersection at this
Erhart Farm – 775 W. 96th Street
July 20, 2021
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location. While the developer has not indicated whether the trail will be dedicated to the City or
be owned and maintained by an HOA, mid-block crossings are not ideal locations for pedestrian
crossings and should be avoided when able. The developer’s design team must address this
concern.
Lastly, the proposed street designs show areas that will be stubbed out for future road extensions
when the property to the west develops. These stub outs need to be wholly incorporated in the
right-of-way boundary on the plat. “Future Street Extension” signs attached to barricades must
also be installed at these locations.
DRAINAGE AND UTILITY EASEMENTS
The preliminary plat provided illustrates mostly typical public drainage and utility easements
DUE) along the proposed subdivision’s lot lines with a five-foot DUE along the side and rear lot
lines and a 10-foot DUE along the front lot lines. Rear lot lines on Lots 1 through 15, Block 1
are atypical to accommodate proposed wetland buffers and conservation easements. DUE
abutting the side lot lines of Lots 13 and 14, Block 1 are five feet wider than the typical 5-foot
side lot DUE (a total of 20 feet wide between the two lots) in order to provide proper widths to
maintain the storm sewer conveyance located between the lots. However, access to the large
stormwater facility, which is partially located on Outlot B and partially located on Lots 14, 15,
and 16, Block 1 needs to be addressed. Ideally, the stormwater facility would be wholly
encompassed within an Outlot, along with the access route to the facility which is necessary to
maintain the BMP. By including the access route within an Outlot, the route would be protected
in perpetuity from encroachments and would require that the City maintain the area to ensure
adequate ingress/egress. The developer and their design team must work with staff to improve
the public stormwater facility’s access route.
GRADING AND DRAINAGE
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A portion of the property was issued Interim Use Permit (IUP) #2021-03 on December 4, 2020
by City Council for grading operations. This grading permit was requested for the dredging of
Wetland 2, north of the subdivision. All terms and conditions of IUP #2021-03 shall remain in
effect until the permit is terminated. While IUP #2021-03 did not directly impact any of the
improvements associated with the Erhart Farms subdivision proposal, there are spoils from the
wetland dredging that will be required to be removed entirely from areas where public
improvements are proposed as wetland soils, or hydric soils, are typically high in organic
materials and do not lend themselves to suitable engineering fill.
A geotechnical report with soil borings conducted by Haugo Geotechnical Services, dated
May 22, 2021 was provided by the developer. Grading plans must be updated to indicate the
location of the borings as it appears there may be an error in the one of the measured surface
elevations (SB-5) based on the provided map in the report. Groundwater was observed at boring
SB-5 so the accuracy of the measured surface elevation must be verified. A geotechnical
engineering firm shall be on-site during grading operations to ensure the City’s Standard
Erhart Farm – 775 W. 96th Street
July 20, 2021
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Specifications and Detail Plates are adhered to along with any Minnesota Building Code
requirements. If groundwater is encountered during grading, the grades shall be adjusted to
maintain a 3-foot separation from the bottom floor elevation and shall adhere to the
recommendations of the soils engineer on site. Changes to grades shall be submitted to the City
for review and approval.
The developer is proposing to mass grade the site in order to construct the public streets, house
pads and stormwater management areas. While grading plans are in general conformance with
City Ordinances, there are multiple driveways that are proposed to be near the maximum 10%
allowed by Ordinance. Plans will be required to show top of curb elevations at the centerline of
each driveway to ensure that individual building permits for each lot are in conformance with the
plans and do not require variances from the 10% maximum. Additionally, the developer’s
engineer shall ensure that the maximum driveway grades shown on the plan are calculated such
that a 10-foot landing is provided where the driveway connects to the street and a 5- to 10-foot
landing is provided at the garage. The recommended grade at these locations is 3%.
Lastly, grading is being proposed on Outlot E that will tie-in to Lots 1, 2, and 3, Block 2 and
create a 3:1 slope for a maximum of 130 feet which will drain to these backyards. The developer
needs to address this portion of the grading plan as to how the future addition on Outlot E will
account for drainage. Portions of Lots 1, 2, and 3 may need further grading depending on the
future build-out on Outlot E and should be taken into account during this phase of the
development. Per Section 18-40(4)d.2.v. draintile services are required for Lots 1, 2, 3 and 4,
Block 2 as these lots are proposed to drain from the back of the lot towards the street.
RETAINING WALLS
The developer is proposing one retaining wall within the subdivision which will be wholly
located on Lot 8, Block 1. The wall is proposed to have a height of over four feet and must be
privately owned and maintained. Walls over four feet in height shall be constructed in
accordance with plans prepared by a registered engineer and shall be constructed of a durable
material (smooth face concrete, masonry/mortared, railroad ties and timber are prohibited).
EROSION PREVENTION AND SEDIMENT CONTROL
The development will exceed one (1) acre of land 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). Additionally, an Erosion and Sediment Control Plan (ESCP) in
accordance with ordinances shall be submitted for the grading operations of the subdivision. The
developer has provided an ESCP along with a Stormwater Pollution Prevention Plan (SWPPP),
and while overall the plan appears feasible, certain amendments will be required prior to
acceptance of final plans. As such, the developer and their design team must work with staff to
update the ESCP and resubmitted for review and approval with the submission of the final
construction plans.
Erhart Farm – 775 W. 96th Street
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SANITARY SEWER AND WATER MAIN
The subdivision has access to a 12-inch, C900 PVC trunk water main that was extended by the
development to the north (Foxwood). This trunk main will eventually be looped to a 16-inch
trunk main within Powers Boulevard when the property to the west develops. As such, the
developer will be required to extend the 12-inch trunk water main and the City will reimburse the
developer for the cost of oversizing this extension, as an 8-inch main would have been sufficient
in supplying the subdivision’s water demand. The 12-inch trunk main will follow the street
corridor to the south (“Road A”) as it will eventually connect to the future water tower location
Location A”), as demarcated on plan sheet “Primary Through Road Connection Exhibit”.
Water main stubs will be provided for future extensions when the property to the west develops,
along with a stub leading to W. 96th Street. Any wells located on the property to be developed
must be properly abandoned.
A temporary lift station was installed by the Foxwood development to the north in order to
provide sanitary service for that subdivision. It was anticipated that when future development to
its south (i.e. the currently proposed development, Erhart Farms), the temporary lift station
would be removed and that gravity sewer would be constructed to a planned permanent lift
station on Powers Boulevard. The developer and their engineer have been working with staff
since the pre-application meeting to determine the feasibility of abandoning the temporary lift
station and constructing a new permanent lift station located near Outlot C abutting W. 96th
Street, rather than constructing the gravity system to Powers Boulevard. Furthermore, this
approach would eventually eliminate Lift Station 20 at the end of W. 96th Street, which when
ultimate build-out is complete, would not increase the net number of lift stations that the City
owns and maintains. After iterations of reviews and meeting with the applicant’s engineers, it has
been determined that this approach is feasible. The lift station has been preliminarily designed to
accommodate sewerage flows from Foxwood, the proposed Erhart Farms, portions of the future
development to the west, and flows anticipated along W. 96th Street including the possibility of
future development to the south. As such, any oversizing of the lift station and its components
beyond what would be necessary to accommodate sewerage flows from Foxwood and the future
development associated with Erhart Farms would be reimbursed by the City. Furthermore, the
developer will be provided the $10,000.00 escrow that was obtained from the development to the
north for the abandonment of the temporary lift station. The developer will be required to work
with staff in the final construction plans and details of the proposed lift station along with its
location. Additionally, as the proposed force main will be located on a large section of fill where
the existing lift station is to be abandoned, a geotechnical engineer’s recommendation on proper
back fill and compaction techniques must be provided.
While generally the preliminary utility plans provided do appear feasible, profile views were not
provided in order to conduct a complete review, e.g. checking for conflicts with other utilities or
reviewing cover of mains to meet City Standards. The developer will be required to provide
updated utility plans upon submittal of the final plat and final construction plans that include
profile views. Additionally, sanitary sewer is being proposed at a pipe slope of 0.4%, the
absolute minimum for 8-inch sanitary sewer mains in accordance with Recommended Standards
Erhart Farm – 775 W. 96th Street
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for Wastewater Facilities (2014 Edition). It is strongly recommended that plans be updated to
incorporate a slope of 0.5% in order to allow for construction tolerances and promote
constructability, as any sanitary sewer main installed with less than 0.4% slope will be required
to be reconstructed to obtain the minimum slope.
Lastly, prior to commencement of any utility work, a copy of all required permits from the
appropriate regulatory agencies shall be provided to the City which shall include but is not
limited to the Minnesota Department of Health, Metropolitan Council Environmental Services,
and the Minnesota Pollution Control Agency.
STORMWATER MANAGEMENT
Article VII, Chapter 19 of City Code describes the required stormwater 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 water quality
treatment resulting in the removal of 90% total suspended solids (TSS) and 60% total
phosphorous (TP). The applicant will need to work with Riley Purgatory Bluff Creek Watershed
District (RPBCWD) and the City in order to meet all the requirements.
General
1. Applicant needs to provide a copy of an approved RPBCWD permit before work is
started.
Water Quality
1. Water quality levels appear to be met with the use of a baffle, sump, and filtration pond;
95% of TSS and 77% of TP is removed from the system, via MIDS modeling.
a. Provide screenshots of BMP inputs to MIDS to confirm calculations.
Volume Control
1. Infiltration was shown not feasible, due to soil type. Filtration is permitted as an alternate
BMP.
Filtration Basin Design
1. Provide an operation and maintenance plan that identifies the maintenance schedule and
responsible party. This should include information on how the system will be cleaned
out.
2. Provide baffle detail for CBMH 102.
3. The ‘Pond/Filtration Basin Section’ detail needs to be changed per the following
comments:
a. A geo-textile fabric should be installed between the natural soil and the filtration
media.
b. It is recommended that the draintile in both basins show a slope of at least 0.5% to
prevent water from sitting in the draintile.
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c. Provide the normal water level elevation for the wet pond section.
d. Provide a detail for the Emergency Overflow Outlet shown on the north side of
the pond/filtration basin.
Civil Plans
1. Confirm if entrance from north will be used during construction. If so, a rock
construction entrance should be shown.
2. On the Grading and Erosion Control plans the “Heavy Duty Silt Fence” detail should be
replaced with a wire-backed silt fence. The wire backed heavy duty silt fence should be
shown where grading extends to within 10 feet of wetland limits.
3. The project SWPPP and NPDES permit must be submitted to the City prior to the start of
any earthwork.
4. The Joint Application for wetland impacts (or no loss) must be submitted to the City, and
a Notice of Decision must be issued by the WCA LGU, prior to the start of any
earthwork.
STORMWATER UTILITY CONNECTION CHARGES
Section 4-30 of City 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 the more intense the development type, the greater
the degradation of surface water.
This fee will be applied to the new lots of record being created. The fees will be assessed at the
rate in effect at that time; 2021 rates are $8,660.00 per acre.
ASSESSMENTS
Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be
assessed at the rate in effect at that time; 2021 rates for partial hookup fees are $691.00 per unit
for sanitary sewer and $2,476.00 per unit for water. The remaining partial hookup fees are due
with the building permit.
Fees
Based on the proposal, the following fees would be collected with the development contract:
a) Administration fee: If the improvement costs are less than $500,000, 3% of the
improvement costs. If the improvement costs are between $500,000 and $1,000,000, 2%
of the improvement costs. If the improvement costs exceed $1,000,000, 2.5% of the first
1,000,000 plus 1.5% of the remainder.
b) Surface Water Management fee: $8,660.00 per acre
c) A portion of the water hook-up charge: $2,476.00/unit
d) A portion of the sanitary sewer hook-up charge: $691.00/unit
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e) Park Dedication fee: $5,800.00/unit
f) Street lighting charge: $300.00/light
g) GIS fees: $100 for the plat plus $30 per parcel
h) Final plat process (review and recording of Plat and Development Contract): $450.00
WETLANDS AND BUFFERS
Several wetlands were identified and delineated on and near the property. The applicant
submitted a wetland delineation report in July 2020 and the wetland types and boundaries were
approved in August 2020. A summary of the delineated wetlands and types can be seen in the
table below.
The applicant is showing impacting 100% of Wetland 1. The applicant must submit a Joint
Application for wetland impacts for this proposed activity. In addition, a small area northeast of
Lot 5, Bock 1 shows that the 5-foot pervious nature trail encroaching into Wetland 3. The
applicant should clarify if this area would constitute as wetland impacts. If so, it would also need
to be included in the Joint Application submittal. A Wetland Alteration Permit may be necessary
if the proposed wetland impacts are not deemed exempt according to Sec. 20-417 of the City
Code.
The applicant has shown wetland buffers on the property. The applicant is showing to use buffer
averaging to achieve the overall required buffer area. The wetland buffer widths and wetland
buffer monuments appear to be sufficient. However, the plans show that grading is proposed
within the wetland buffer in Lots 1 through 3, Block 1 and Lots 11 and 12, Block 2. The
applicant should submit a landscape plan to ensure that this area sufficiently grows back with
native buffer vegetation.
LANDSCAPING AND TREE PRESERVATION
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July 20, 2021
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The applicant for the Erhart Farm, Phase I development submitted tree canopy coverage and
preservation calculations.
Total upland area (excluding wetlands, bluff) 17.62 acres
Baseline canopy coverage 98% or 17.25 acres
Minimum canopy coverage required 55% or 9.7 acres
Proposed tree preservation 23% or 4.0 acres
The developer does not meet minimum canopy coverage for the site; therefore the applicant must
bring the canopy coverage on site up to the 55% 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 required 9.7 acres
Less canopy preserved 4.0 acres
Minimum canopy coverage to be replaced: 5.7 acres
Multiplied by 1.2 6.84 acres or 297,950 SF
Divided by 1089 SF = Total number of trees to be planted 273 trees
The applicant has submitted a landscape plan showing a total of 76 trees to be planted in the
development. The applicant shall increase tree planting in the development to meet minimum
requirements and submit a landscape plan showing 273 trees prior to final plat approval.
Additionally, Northern Pin oak shall be replaced with white, bur, or red oak species. The
alkaline soils of Chanhassen make the northern pin oak selection undesirable for long term
survivability. Additional selections of tree species should expand the breadth of tree types and
take into consideration the City’s requirement for species diversity.
There are no bufferyard landscaping requirements for this development.
Staff has reviewed the tree clearing limits for the development on the plans. There are a number
of trees at the edge of the grading limits that staff would like to consider for preservation. Staff
recommends that the developer conduct a walk-through of the grading limits on site prior to
removals with City staff to inspect for opportunities for additional tree preservation.
Staff supports the proposed conservation easements on Lots 4 through 9, Block 1. The existing
woods in this area contain a diversity of native species such as sugar maples, red oaks, basswood
and ironwood. Many of these trees are significant and provide aesthetic and environmental
benefits within the community. A conservation easement would protect this area in perpetuity.
The applicant is also proposing to preserve a very large oak on Lot 10. The bur oak is 46-inches
in diameter and nearly 12 feet in circumference. This is a signature tree and could provide a
signature landmark along Eagle Ridge Road. The protected area around the tree is tight. Staff
recommends that the applicant explore options to eliminate grading within the dripline to
improve chances of survivability. This is true of all trees proposed to be preserved in front and
Erhart Farm – 775 W. 96th Street
July 20, 2021
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side yards in Block 1. Ensuring the tree root zones are preserved to the greatest extent possible
will assist greatly in the survivability of the trees. Failure to protect the root zones during
construction will jeopardize all efforts invested in preservation.
PARKS & RECREATION
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. The park service area of community parks extends to a
distance of 1-2 miles. The proposed Erhart Farm Subdivision is located directly adjacent to the
58-acre Fox Woods Park Preserve and directly across Highway 101 from the 45-acre Bandimere
Community Park. Bandimere Community Park offers a wide and growing array of recreational
amenities and has been open to the public since 1999. Development of public access points to
the Fox Woods Park Preserve, through a combination of vehicle and pedestrian touch points as
well as the installation of a series of nature trails within the preserve, will begin concurrent with
the development of the Erhart property.
Additional acquisition of public open space through the application of park dedication
requirements is not recommended as a condition of the subdivision.
Trail Plan
Residents purchasing homes within the new Erhart Farm subdivision will have convenient
pedestrian access to area public park facilities through careful planning and construction of some
key pedestrian improvements:
Planning and construction of interior sidewalks within the subdivision.
Planning and construction of a Highway 101 trail connection between the current trail
terminus at the Bandimere Park Pedestrian Underpass and the northern terminus of the
plat adjacent to and along Highway 101.
Planning and construction of interior trails within the subdivision from Eagle Ridge Road
to Fox Woods Park Preserve and Powers Boulevard with future phases of the
development.
Park and Trail Conditions of Approval
Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected
as a condition of approval for Erhart Farm for the 21 new housing units. The Park fees will be
collected in full at the rate in force upon final plat submission and approval. Based upon the
City’s 2021 single-family Park fee of $5,800 per unit, the total Park fees for Erhart Farm would
be $121,800.00.
Erhart Farm – 775 W. 96th Street
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MISCELLANEOUS
Building
1. A building permit must be obtained before beginning any construction.
2. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code, additional comments or
requirements may be required after plan review
3. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
4. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
5. Each lot must be provided with a separate sewer and water service.
Fire
1. Confirming this will connect to Eagle Ridge Road to the north at what point in
construction?
2. Fire hydrant locations and distancing look to be appropriate. No landscaping (trees,
shrubs, plants) to be done within three feet in all directions around each hydrant.
3. Roads 20-26 feet wide will need to have No Parking Fire Lane signs on both sides of the
road.
4. Roads 26-32 feet will need to be No Parking on one side of the road.
5. Elevation drops and grading for roads will need to meet Fire Access road maximum of
10%.
6. No combustible construction (wood) can begin until fire apparatus access roads are
approved (temporary is ok) and hydrants are installed and active/usable. Foundation work
is acceptable.
7. May not block emergency access or fire hydrants during construction at any time.
Carver County
Preliminary feedback on Erhart Farm Preliminary Plat PID# 251550022
1. Regarding access onto the County Highways
a. A Transportation Impact Analysis (TIA) is required based on the number of proposed
units for the full development of the parcel and potential traffic impacts to CSAH 101
and CSAH 17. The TIA will need to evaluate the operations at the following
intersections: CSAH 17/Proposed local road intersection, CSAH 101/W. 96th St., and
CSAH 101/Eagle Ridge Road intersections. See the attachment titled Appendix A:
Traffic Impact Analysis Process for requirements. Based on TIA findings, County
may impose reasonable conditions to mitigate development driven traffic impacts at
these intersections.
b. Future access is proposed at CSAH 17 for the full buildout of the development. The
proposed access to CSAH 17 is located 0.15 miles from the CSAH 17/TH 212 ramp
Erhart Farm – 775 W. 96th Street
July 20, 2021
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intersection to the north and 0.29 miles from the CSAH 17/CSAH 14 intersection to
the south. Turn lanes have already been constructed at the proposed access point.
c. The County’s Access Spacing Map in the 2040 Comprehensive Plan (Figure 4.14)
identifies this segment of CSAH 17 as Category 5B, which guides full access
intersection spacing at 1/4 mile intervals and secondary (limited) intersection spacing
at 1/8 mile intervals. As proposed, the distance to the CSAH 17/TH 212 ramp
intersection meets the spacing guidance for secondary (limited) access consideration
and the distance to the CSAH 17/CSAH 14 intersection meets the spacing guidance
for full access consideration. More information and review of operations and safety
analysis from the TIA is needed to determine the recommended and allowable
intersection type at the CSAH 17 connection point.
d. No additional direct access to CSAH 101 is proposed. Additional County review and
approval will be required if this condition changes.
2. Regarding highway right -of-way
a. CSAH 17 at this location is a 4-lane divided urban roadway facility with a trail on
both sides. The existing right-of-way adjacent to the parcel varies but is
approximately 50 feet from the centerline of the roadway plus a State-owned outlot
with a variable width. The right -of-way and combined State-owned outlot for CSAH
17 appear to meet the right-of-way guidance for consistency with the County’s 2040
Comprehensive Plan (Figure B.6), but further review of preliminary plat and survey
documents is required to confirm this.
b. CSAH 101 at this location is a 4-lane divided urban roadway facility with a trail on
both sides. The existing right-of-way adjacent to the parcel varies but is
approximately 75 feet from the centerline of the roadway. The right-of-way for
CSAH 101 appears to meet the right-of-way guidance for consistency with the
County’s 2040 Comprehensive Plan (Figure B.6), but further review of preliminary
plat and survey documents is required to confirm this.
c. Review of plat documents is needed to ensure existing right-of-way around the two
stormwater ponds adjacent to CSAH 101 is shown on the drawings.
d. County recommends all new, dedicated outlots adjacent to the County right -of-way
be owned by the City.
3. Noise mitigation along CSAH 17 and CSAH 101 is recommended via increased setback,
berm, and/or other screening of planned dwellings adjacent to CSAH 17 or CSAH 101.
4. The County will need to review and approve the final grading plans for properties
adjacent to CSAH 101 and CSAH 17. A grading permit will be required for grading work
within the highway right-of-way.
5. The technical details of the final plat, its boundaries and form(s) will need to be reviewed
and approved by the County surveyor.
6. Prior to any work affecting or on County highways or in County right-of-way, the
applicant shall coordinate plans with the County Engineer and obtain a Utility or
Excavating/Filling/Grading Permit(s) from Carver County Public
Works: (www.co.carver.mn.us/departments/public-works/quick-links/permits). Final
details of locations, grades, and profiles affecting County roads as well as any utility
connections will need to be reviewed and approved prior to any permits.
Erhart Farm – 775 W. 96th Street
July 20, 2021
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7. Any damages, modifications, or changes incurred on County highways from current or
approved conditions will need to remedied or updated at development expense, including
costs incurred by the County.
Planning
When this parcel is platted, it shall be removed from the rural service district in the city of
Chanhassen. Section 2-32 (c) Whenever any parcel of land included in the rural service district
is platted, in whole or in part, or whenever application is made for a permit for the construction
of commercial, industrial or urban residential building or improvement to be situated on such
parcel or any part thereof, or whenever such building or improvement is commenced without a
permit, the City Council shall make and enter an order by resolution transferring such platted or
improved parcel from the rural service district to the urban service district.
COMPLIANCE TABLE
Area (sq.
ft.)
Width
ft.)
Depth (ft.) Hard
Cover
sq. ft.
Notes
Code 15,000 90 125 25 / 3,750 0.34 ac
L1 B1 15,333 115 139 25/3,833 0.35 ac. @request front
yard setback and wetland
buffer setback variance,
wetland setback
L2 B1 17,958 95 146 25/4,489 0.41 ac., corner lot, wetland
setback
L3 B1 18,046 77* 178 25/4,511 0.41 ac., 90 ft. at front
setback
L4 B1 29,680 63* 197 25/7,420 0.68 ac., 90 ft. at front
setback, wetland setback
L5 B1 28,614 74* 217 25/7,153 0.66 ac., 91 ft. at front
setback, wetland setback
L6 B1 21,023 87* 217 25/5,255 0.48 ac. 90 ft. at front
setback, wetland setback
L7 B1 20,382 87* 212 25/5,095 0.47 ac., 90 ft. at front
setback, wetland setback
L8 B1 24,737 74* 211 25/6,184 0.57 ac., 90 ft. at front
setback, wetland setback
L9 B1 29,913 63* 204 25/7,478 0.69 ac., 90 ft. at front
setback, wetland setback
L10 B1 23,040 91 182 25/5,760 0.53 ac. Corner lot
L11 B1 21,182 90 197 25/5,295 0.49 ac., wetland setback
L12 B1 15,525 94 178 25/3,881 0.36 ac., wetland setback
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 20
L13 B1 17,885 90 200 25/4,463 0.41 ac., wetland setback
L14 B1 24,884 90 233 25/6,221 0.57 ac.
L15 B1 29,985 90 239 25/7,496 0.69 ac.
L16 B1 16,035 90 187 25/4,008 0.37 ac.
L17 B1 22,162 98 168 25/5,540 0.51 ac., corner lot
L1 B2 15,029 105 173 25/3,757 0.35 ac.
L2 B2 15,288 90 153 25/3,822 0.35 ac.
L3 B2 15,573 108 153 25/3,893 0.36 ac.
L4 B2 15,458 121 141 25/3,864 0.35 ac.
L5 B 2 104,841 209 416 25/26,210 2.41 ac, accessed via
existing easement
Outlot A 28,233 0.65 ac. Open space
Outlot B 1,141,991 26.22, wetlands and open
space
Outlot C 7,844 0.18 ac. Lift station
Outlot D 571,456 13.12 ac. Future
development
Outlot E 890,939 20.45 ac. future
development
Outlot F 874,481 20.08 ac. Future
development
Outlot G 910,403 20.9 ac. Future
development
ROW 134,710 3.09 ac.
Total 5,102,632 117.14 ac
@ Request 5-foot front yard setback variance and a 10-foot wetland buffer setback variance.
Request lot frontage variance (All lots meet the lot width requirement at 30 feet setback.)
Setbacks: 30-Foot Front and Rear; 10-Foot Side; Wetland 20-foot buffer 30-foot buffer setback
VARIANCE
The applicant is requesting the following variances as part of the subdivision:
1. Seven lots with less than 90 feet of frontage (Lots 3 through 9, Block 1).
2. One lot with a front yard setback variance of five feet to permit a 25-foot front yard
setback (Lot 1, Block 1).
3. One lot with a 10-foot wetland buffer setback to permit a setback of 20 feet (Lot 1,
Block)
4. Eagle Ridge Way is proposed to be a 26-foot wide back-of-curb to back-of-curb design
within a standard 60-foot right-of-way. The variance is from the City’s 31-foot wide
street standard.
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 21
Zoning variance findings section 20-58:
Finding: A setback variance to permit the home on Lot 1 to remain in line with those of the
existing development to the north is in harmony with the zoning standards. The lot frontages for
Lots 3 through 9 are slightly below the 90-foot standard, but all lots meet the lot width at the
building setback line.
a. 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
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 22
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 applicant’s proposed setback on Lot 1 is consistent with what is found on other
properties in the neighborhood to the north and is predicated by the location of the existing road
and wetland. The street frontages on Lots 3 through 9 are due to the tight radii on Eagle Ridge
Way and the attempt to minimize the roadway width.
b. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considerations, but to create a
development in harmony with the environment.
c. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The plight of the landowner is due to the existing development to the north of the
parcel, the wetland located east of the proposed lots, and the design to preserve significant
environmental features on the site.
d. The variance, if granted, will not alter the essential character of the locality.
Finding: The proposed subdivision will be compatible with the existing development to the
north (Foxwood), will create single-family detached homes on lots exceeding those in that
development, and be compliant with City Code.
e. 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 does not apply to this request.
Variance findings for subdivision (Street width):
a. The hardship is not a mere inconvenience by providing reasonable access to Lots 2
through 10, Block 1 while reducing potential impacts to the natural features on the site;
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land including trees; a full sized public street is not necessary to provide
access to these properties within the development;
c. The condition or conditions upon which the request is based are unique and not generally
applicable to other property because of the development design and wetland preservation;
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 23
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 subdivision regulations, the zoning ordinance
and Comprehensive Plan since it will reduce potentially significant impacts on the site
and within the neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the rezoning of the
development from Agricultural Estate District (A2) to Single-Family Residential District (RSF);
preliminary plat with variances for street width, front yard setback (Lot 1, Block 1), wetland
setback (Lot 1, Block 1) and street frontages (Lots 3 through 9, Block 1) subject to the following
conditions:
Building
1. A building permit must be obtained before beginning any construction.
2. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code, additional comments or
requirements may be required after plan review
3. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
4. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
5. Each lot must be provided with a separate sewer and water service.
Fire
1. Confirming this will connect to Eagle Ridge Road to the north.
2. Fire hydrant locations and distancing look to be appropriate. No landscaping (trees,
shrubs, plants) to be done within three feet in all directions around each hydrant
3. Roads 20-26 feet wide will need to have No Parking Fire Lane signs on both sides of the
road.
4. Roads 26-32 feet will be No Parking on one side of the road.
5. Elevation drops and grading for roads will need to meet Fire Access road maximum of
10%.
6. No combustible construction (wood) can begin until fire apparatus access roads are
approved (temporary is ok) and hydrants are installed and active/usable. Foundation work
is acceptable.
7. May not block emergency access or fire hydrants during construction at any time.
Engineering
1. Easements identified within the platted area must be vacated before the City Council
considers final plat approval.
2. The developer will be required to obtain any necessary right-of-way easements for the
extension of W. 96th Street from abutting properties.
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 24
3. The driveway to the existing residence proposed to remain (Lot 5, Block 2) must be
surfaced with bituminous, concrete or other hard surface material.
4. The developer and their design team must work with staff to update the public street
layout and design, including sidewalk and trail locations.
5. If the variance for a 26-foot street width design is accepted by City Council, a sidewalk
must be installed along Eagle Ridge Way.
6. Public street sections stubbed-out for future extension must wholly be encumbered by
public right-of-way and updated on the final plat.
7. The developer must work with staff to improve the public stormwater facility’s access
route.
8. All wetland spoils associated with Interim Use Permit #2021-03 must be removed from
areas where public improvements are proposed. A geotechnical engineering firm shall be
on-site during grading operations to ensure the City’s Standard Specifications and Detail
Plates are adhered to along with any Minnesota Building Code requirements.
9. Grading plans must be updated to indicate the location of soil borings.
10. The developer’s engineer shall ensure that the maximum driveway grades shown on the
plan are calculated such that a 10-foot landing is provided where the driveway connects
to the street and a 5- to 10-foot landing is provided at the garage.
11. The future grading and conceptual build-out on Outlot E must be provided due to
concerns regarding drainage associated with Lots 1, 2, 3 and 4, Block 2.
12. Drain tile services are required for Lots 1, 2, 3 and 4, Block 2 as these lots are proposed
to drain from the back of the lot towards the street.
13. Any wells located on the property to be developed must be properly abandoned.
14. The developer must work with staff in the final construction plans and details of the
proposed lift station along with its location.
15. A geotechnical engineer’s recommendation on proper back fill and compaction for the
force main extended through the abandoned lift station location must be provided.
Environmental Resources
1. The developer shall conduct a walk-through of the grading limits on site prior to
removals with City staff to inspect for opportunities for additional tree preservation.
2. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
3. All trees shall be planted outside of the street right-of-way.
4. The applicant shall increase tree planting in the development to meet minimum
requirements of 273 trees and submit a landscape plan prior to final plat showing 273
trees to be planted.
5. Northern Pin Oak shall be replaced with white, bur, or red oak species in the plant
schedule.
6. The applicant shall eliminate any grading within the dripline of tree #217.
Planning
1. The developer shall comply with the requirements of Carver County regarding access and
right-of-way to County highways.
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 25
2. When this parcel is platted, it shall be removed from the rural service district in the City
of Chanhassen.
Water Resources
1. The applicant shall clarify if the 5-foot pervious nature trail is proposed to impact any
parts of Wetland 3 near Lot 5, Block 1.
2. The applicant shall submit information regarding re-seeding any areas where grading is
proposed within the wetland buffer, specifically in Lots 1 through 3, Block 1 and Lots 11
and 12, Block 2.
3. The applicant shall clarify if the proposed stormwater filtration basin is to be used as
treatment for only the current proposed subdivision or if it is to be used for future
additions on the parcel.
4. The applicant shall provide a copy of the approved RPBCWD permit before any
construction can start.
5. The applicant shall enter into an Operations & Maintenance Plan for any proposed
privately-owned stormwater facilities.
6. A Wetland Alteration Permit may be necessary if the proposed wetland impacts are not
deemed exempt according to Sec. 20-417 of the City Code.
ATTACHMENTS
Findings of Fact and Recommendation
Development Review Application
Narrative
Preliminary Plat
Site Development Plans
Appendix A: Traffic Impact Analysis Process
Public Hearing Notice and Mailing List
g:\plan\2021 planning cases\21-12 775 96th street w. rez sub var vac\staff report erhart farm.docx
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Black Cherry Development, LLC – Planning Case No. 2021-12, Erhart
Farm.
Request for Rezoning from Agricultural Estate District (A-2), to Single-Family Residential
District (RSF), Subdivision Approval creating 21 lots and seven outlots with a Variance for a
public street cross section, and Variances for lot frontages, front yard setback and wetland buffer
setback.
On July 20, 2021, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Black Cherry Development, LLC for a single-family
residential development. The Planning Commission conducted a public hearing on the proposed
development preceded by published and mailed notice. The Planning Commission heard
testimony from all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate District (A-2).
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. REZONING FINDINGS
The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse
affects of the proposed amendment. The six (6) affects and our findings regarding them are:
a. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City Comprehensive
Plan;
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;
2
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. SUBDIVISION FINDINGS
a. The proposed subdivision is consistent with the zoning ordinance and meets all of the
requirements of the “RSF” Single-Family Residential District;
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the City's 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 stormwater
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 the
subdivision ordinance;
e. The proposed subdivision will not cause significant environmental damage subject to
compliance with conditions of approval;
f. The proposed subdivision will not conflict with easements of record, but rather will expand
and provide all necessary easements;
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1) Lack of adequate stormwater 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. VARIANCE FINDINGS WITH A SUBDIVISION
a. The hardship is not a mere inconvenience by providing reasonable access to Lots 2 through
10, Block 1 while reducing potential impacts to the natural features on the site and within
existing off-site right-of-way;
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land including trees; a full sized public street is not necessary to provide
access to these properties within the development, while preserving trees;
3
c. The condition or conditions upon which the request is based are unique and not generally
applicable to other property because of the development design and wetland preservation;
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 subdivision regulations, the zoning ordinance and
Comprehensive Plan since it will reduce potentially significant impacts on the site and
within the neighborhood.
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: A setback variance to permit the home on Lot 1 to remain in line with those of the
existing development to the north is in harmony with the zoning standards. The lot
frontages for Lots 3 through 9 are slightly below the 90-foot standard, but all lots meet the
lot width at the building setback line.
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 applicant’s proposed setback on Lot 1 is consistent with what is found on
other properties in the neighborhood to the north and is predicated by the location of the
existing road and wetland. The street frontages on Lots 3 through 9 are due to the tight radii
on Eagle Ridge Way and the attempt to minimize the roadway width.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considerations, but to
create a development in harmony with the environment.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The plight of the landowner is due to the existing development to the north of the
parcel, the wetland located east of the proposed lots, and the design to preserve significant
environmental features on the site.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The proposed subdivision will be compatible with the existing development to the
north (Foxwood), will create single-family detached homes on lots exceeding those in that
development, and is compliant with City Code.
4
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 does not apply to this request.
8. The planning report #2021-12 dated July 20, 2021, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that City Council approve the proposed rezoning
from Agricultural Estate District (A-2), to Single-Family Residential District (RSF); Preliminary
Plat approval for 21 lots and seven outlots; a Variance for public street cross-section; and Variances
for lot frontages, front yard setback and wetland buffer setback for a single-family detached
residential subdivision subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 20th day of July, 2021.
CHANHASSEN PLANNING COMMISSION
BY:
Steven Weick, Chairman
5
EXHIBIT A
6
g:\plan\2021 planning cases\21-12 775 96th street w. rez sub var vac\findings of fact & recommendation.docx
COUUUN]TY DEVELOPUENT DEPARTUENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1 '100 / Fax: (9521227-1'110
subminal oates I l'1 \
CITY OT CHAI{HASSIil
APPLICATION FOR DEVELOPMENT REVIEW
ec oate(;l5.1@l-- cc Dat.lLLjLhJ- 6GDay Revien, Date:
Section 1: Application Type (check all that apply)
Comprehensive Plan Amendment.
Minor MUSA line for failing on-site sewers
Conditional Use Permit (CUP)
E Single-Family Residence $325
425EAltottrers
E lnterim Use Permit (lUP)
n ln coniunction rvith Single-Family Residence.. $325nettotners $425
I Rezoning (REZ)
E Planned Unit Develop.nent (PUD) .................. $750
E Minor Amendment to existing PUD................. $100
E Sign Plan Review................................................... $150
E Site Plan Review (SPR)
f| Adminisa'atue $100
thorsand square feet)
lrdude nunbe. of q!L!!?q e(ndoyees:
lrdude r rnbe. of !e! empbye6:
f| Resioentiat DisticE....-.................................... $500
Plus $5 per dwelling unit ( units)
E Subdivision (SUB)
n Create 3 lots or less ..........................-....-........ $300
E Create over 3 lots .......................$600 + $15 per lot(
25 lots)
E Metes & Bounds (2 lots).................................. $3oo
E Consolidate Lots ................. $150
n Lot Line Adjustnent.........................................$150
n Final P|at........ .........-...........$700
lncludes $450 escrow for atlomey costs)'
Additb.|al Gcrotv may be Equked br otEr apdicdins
ttrqrgh the de\relopaner* cotrhacl.
@ Vacaion of Easements/Right-of-way (VAC)........ $300
Additiral rccording tues maY aPdY)
600
100
Wetand Alteralion Permit (WAP)
n Single-Family ResidencE..............
Altottrers.......
150
275
100
500
tr
f#Tffi81'll,$f"11,?'i.'1s, ;;;i;iil;;:I r Zonins Appea,
E Zoning Ordinance Amendment (ZOA)
qE: When multiplE applicatbns aro Foc€cs€d concu.rEnttl,
tfte .pp.op.iab le€ shall be chrg.d fo. each ep0lication.
E] property Omers' List within 5q)' (City b gcrE ate ane. se.€pdicdoo meetirE).........-...-- ..-. $3 per address
64 addresses)
a Escrow for Recording Documents (check all that apply)
Site Plan Agreement
E Wetland AtterationPermitf| Conditional Use Permit ! lnterim Use Permit
E Vacation E Variance
Metes & Bounds Subdivision (3 docs.)Easements ( easements ) n Deeds
TOTAL FEE:2467 .OO
50 per document
Section 2: Required lnformation
Description of Proposal: Residential suMivision proposing 21 new single family lots
Property Address or Location:
775 96th Si W. Chanhassen, MN. 55317
Parcel 6. 25155{X}22, 25155O010 Legal Description:
Total Acreage:
Present Zoning
I 15.31 Weflands present? ZI yes E No
Agricultural Estate Disfict (A2)
Presenl Land Use Designation:Residenlial Low Density
Requested Zoning:Single.Family Residential Districl (RSF)
Requested Land Use Designation Residential Low Density
See Attached
Existing Use of Pmperty:t homestead
ECnect uox it separate narrative is attached
1lt.al.t
Reter to the ary@Nide Apdicd*rn Choctdid lor requircd sLbmittal inlofiitstioo that mud accdrpany this application)
Section 3: Property Owner and Applicant lnformation
APPLICANT OTHER THAN PROPERTY OWI{ER: ln signing this application, l, as applicant, represent to have obtained
authorization ftom lhe property owner to file this application. I agree to be bound by conditions of approval, subject only lo
the right to object at the hearings on the application or during the appeal period. lf this applicalion 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
applicatlon. I will keep mlrself informed of lhe 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 procded with the study. I certify that the information and exhibits submitted are true and conect.
Black Cherry Develpment, LLc Contact:Tim Erhart
96'11 Meadowlark Lane
city/state/zip:
Email:
Chanhassen, MN 55317 Cell:612.963.0733
terhart@rikor.com
Signature:
tro''
Date: \. i'4 ' / \
Name Tim Erhart
Address:same
City/State/Zip
Email:
Signature:
Alliant
Cell:
Fax:
Cell:
Fax:
Contact:
Phone:
PROJECT EI{GINEER (if applicable)
Name:
Date:.,.
t7.Lt
Mark Rausch
612.767.93i:!9Address
City/Statezip:
Email:
Minneapolis, MN 55402
mrausch@alliant-inc.com
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before fling this application, refer to the appropdate 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 wilhin 15 business da)rs of aPPlication submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business da)rs of application.
Section 4: Notification lnformation
Yllho should receive copies of staff reports?
E Property Owner Ma: E Email
Other Contact lnfomation:
Name: Dan Blake
Address
City/Statezip:
Email:danblake@pemlom.com
E] Applicant Ma:
@ Engineer Ma:
E Mailed Paper Copy
t,taited Paper Copy
E Mailed Paper copy
E Mailed Paper copy
EZ Email
EmailEother-Via: E Email
INSTRUCTIONS TO APPLICANT:Complete all necessary form fields, then select SAVE FoRM to save a copy to your
device. PRINT FORM and deliver to city along wilh requied documents and payment SUBMIT FORM to send a digital
SAVE FORiI PRIi{I FOR SUB IT FOR
Name:
Address:Phone:
PROPERTY OWNER: ln signing this application, l, as property owner, have tull legal capacity to, and hereby do,
authorize the filing of this application. t understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to obiect 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 additionalfees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization lo proceed with the
study. I certify that the information and exhibits submitled are true and conect.
Contact: _
Phone:
copy to the city for processing.
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 1 of 9
PRELIMINARY SUBDIVISION
REZONING, VACATION AND VARIANCE
SUBMITTAL REQUEST NARRATIVE
ERHART FARM”
CHANHASSEN, MINNESOTA
May 14, 2021
PROPERTY / DEVELOPMENT SITE INFORMATION
Legal Description
Parcel 1: Lot 1, Block 1, Butternut Ridge Addition, according to the recorded plat thereof on file and of
record in the office of the county recorder, Carver County, Minnesota.
Abstract Property
Parcel 2: Outlot A, Butternut Ridge Addition, Carver County, Minnesota.
EXCEPTING THEREFROM the following:
Tract A: Outlot A, Butternut Ridge Addition, Carver County, Minnesota; which lies westerly
and northwesterly of Line 1 described below:
Line 1: Commencing at the north quarter corner of Section 26, Township 116 North, Range 23
West; thence run east on an azimuth of 89 degrees 58 minutes 40 seconds along the north line of
said section for for 523.29 feet to the point of beginning of Line 1 to be described; thence on an
azimuth of 230 degrees 31 minutes 30 seconds for 125.85 feet; thence on an azimuth of 251
degrees 33 minutes 26 seconds for 423.16 feet; thence on an azimuth of 173 degrees 19 minutes
17 seconds for 594.73; thence on an azimuth of 180 degrees 48 minutes 53 seconds for 493.70
feet to a point on the south line of said Tract A and there terminating.
ALSO EXCEPTING THEREFROM the following:
That part of Outlot A, Butternut Ridge Addition, Carver County, Minnesota, lying westerly of the
westerly right of way line of Trunk Highway No. 101, MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 10-46, AND 10-47, according to the
recorded plats thereof, Carver County, Minnesota, and easterly of the following described line:
Commencing at point B7 of said right of way plat; thence South 89 degrees 34 minutes 41
seconds West, assumed bearing, along the south line of said Outlot A 32.22 feet to the point of
beginning of a line to be described; thence northerly 200.91 feet along a non tangential curve,
concave to the west, central angle 20 degrees 11 minutes 41 seconds, radius 570.00 feet, chord
bearing North 09 degrees 18 minutes 16 seconds West; thence northwesterly 435.88 feet along a
compound curve, concave to the southwest, radius 703.00 feet, central angle 35 degrees 31
minutes 29 seconds; thence North 54 degrees 55 minutes 36 seconds West, along tangent, 516.07
feet to a point on said westerly right of way line and said line there terminating.
ALSO EXCEPTING THEREFROM the following:
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 2 of 9
That part of Outlot A, Butternut Ridge Addition according to the recorded plat thereof, Carver
County, Minnesota lying westerly of a line described as follows:
Commencing at the South corner of Lot 2, Block 4, Foxwood, according to the recorded plat
thereof Carver County, Minnesota; thence on an assumed bearing of North 00 degrees 02
minutes 05 seconds West along the East line of said Lot 2 a distance of 189.51 feet to the
Northeast corner of said Lot 2 and the point of beginning of said line; thence South 48 degrees 05
minutes 58 seconds East 61.09 feet; thence South 41 degrees 54 minutes 02 seconds West 134.40
feet to the Southwesterly line of said Lot 2 and said line there terminating.
Also:
That part of Lot 2, Block 4, Foxwood, according to the recorded plat thereof, Carver County,
Minnesota lying easterly of a line described as follows:
Commencing at the Southerly corner of Lot 2, Block 4, Foxwood, according to the recorded plat
thereof, Carver County, Minnesota; thence on an assumed bearing of North 00 degrees 02
minutes 05 seconds West along the East line of said Lot 2 a distance of 189.51 feet to the
Northeast corner of said Lot 2 and the point of beginning of said line; thence South 48 degrees 05
minutes 58 seconds East 61.09 feet; thence South 41 degrees 54 minutes 02 seconds West 134.40
feet to the Southwesterly line of said Lot 2 and said line there terminating.
Abstract Property
Address: 775 96th St. W, Chanhassen, MN. 55317
PID: 251550010 and 251550022
EXISTING SITE DESCRIPTION
The development site includes 2 existing parcels totaling 117.14 acre in size. A single family residence
with barn does exist on a 2.53 acre parcel internal to the property with the majority of the property
currently undeveloped. The property is bound by Powers Boulevard to the west, TH 101 to the east, Fox
Woods Preserve and Foxwood subdivision to the north and existing rural estate residential to the south.
The site has rolling terrain with several wetland areas and wooded areas scattered on the property. The
property does have right of way roadway access to Powers Boulevard, 96th Street and Eagle Ridge Road,
there are also two platted right of way corridor stubs from Flintlock Trail and Homestead Lane (without
constructed roads). The applicant has gathered wetland delineation information for the wetland areas
adjacent to the proposed residential subdivision area, ponded water areas in future development area have
also been surveyed. A portion of the parent property falls within the boundaries of the Bluff Creek Overlay
District, however, no development is proposed near that area in this application.
PRELIMINARY SUBDIVISION, REZONING AND VACATION REQUEST
The proposed subdivision request includes creation of 21 new single family homes lots. The development
proposal requires rezoning of only a portion of the existing Erhart property at this time. There will be a
large remnant of land that will remained undeveloped and is assumed able to remain with current use and
zoning. The proposed subdivision area will require rezoning of the property from A2 - Agricultural Estate
District to RSF – Residential Single Family District. The proposed rezoning of the property from A2 to
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 3 of 9
RSF will provide a per acre unit density (in developed area), consistent with the City’s Comprehensive Plan
land use plan for the property.
Comprehensive Plan Designation
The parent property has two 2040 Comprehensive Plan Land Use designations within the full boundary.
The property is primary guided as Residential Low Density with a section of land in the northwest corner
along Powers Blvd and TH 212 guided as Office. The proposed residential subdivision area falls within the
area guided for residential low density. Adjacent land uses to the south and north are either guided as
Residential Low Density or Residential Large Lot and a section of land to the north is guided as Parks
Open Space. All adjacent land uses are compatible to the proposed development proposal.
The proposed subdivision consists of 21 new single family lots and 1 existing home to remain. Residential
Low Density land use guides for single family housing density of 1.2 – 4.0 units per acre. The proposed
development plan has a net density of 1.2 units per net acre within the proposed new lots subdivision area.
Land Use Density Calculation
Gross Acreage (Full Property) - [A] 117.14 acres
Delineated Wetland Area (Wetlands 2, 3) 1 - [B] 22.564 acres
Subdivision Related Outlots (A, B, C) 2 - [C] 27.045 acres
Existing Residential Lot (Per proposed plat) -[D] 2.407 acres
Future Development Outlots – [E] 74.547 acres
Approximate Subdivision Net Acreage = A – B – D – E 17.622 acres
Net Density (21 lots) 2 1.2 units per acre
Notes:
1) Wetland 1 is excluded as the development plan proposes to impact this wetland and Wetland 4 is
excluded since it is in a future development area.
2) Calculation includes Outlots A, B and C for density estimate (with wetlands 2 &3 areas deducted)
Zoning Classification and Rezoning Request
The proposed application requests approval for rezoning a portion of the property proposed as new single
family homes from Agricultural Estate District (A2) to Residential Single Family District (RSF). The
proposed rezoning is consistent with the guiding land use for the property and consistent with adjacent
uses. The Foxwood development to the north of was zoned Residential Low and Medium Density District
RLM) and the properties to the south are Agricultural Estate District (A2). The development site land not
subdivided as new single family lots can remain as currently zoned, Agricultural Estate District (A2).
There are a few lots that do not meet all the criteria of the RSF District standards and thus this application
does request review and approval of 3 variance requests. See Variance Request section in this narrative for
detailed request.
A summary of required and proposed lot standards criteria for RSF zoning is as follows:
Required Proposed
Lot Area - Minimum 15,000 SF 15,029 SF (0.345 ac)
Average Lot Area N/A 20,844 SF (0.479 ac)
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 4 of 9
Lot Width – Minimum R/W Frontage 90’ 63.42’ (Variance Requested) 1
Lot Width – Minimum @ Front Setback N/A 90’ 2
Lot Depth – Minimum 125’ 134.4’
Setbacks:
Front 30’ 30’ (25’ min) (Variance Requested)3
Rear – Principal 30’ 30’
Side – Structure 10’ 10’
Wetland Buffer 30’ 30’ (20’min) (Variance Requested) 4
Maximum Impervious Lot Coverage 25% 25%
Maximum Principal Structure Height 35’ 35’
Minimum Right-of-Way Width 60’ 60’
Notes and zoning exceptions requested, also see Variance Request section of narrative:
1) Variance requested for reduced frontage width for 7 lots (Lots 3-9, Block 1).
2) Proposed minimum lot width measured at the front setback.
3) Variance requested for 1 lot (Lot 1, Block 1) to reduce front setback to 25’ (only lot directly
adjacent to Foxwood lots).
4) Variance requested for 1 lot (Lot 1, Block 1) to reduce wetland buffer setback to 20’ (lot
adjacent to Foxwood lots).
Subdivision Features and Benefits
21 new single family homes and inclusion of the existing home to remain
Preservation of onsite wetlands and creation of wetland buffers.
Outlots provided over the preserved wetland area abutting the proposed new single family lots.
Wetland outlot B to be provided to the City after final platting.
Wetland buffer creation in accordance with City and Watershed requirements.
Extension of public watermain south to 96th Street.
Removal of the “temporary” Foxwood lift station and proposal for a new permanent lift station that
can be designed to accommodate future service for the existing homes on 96th Street.
Significant tree preservation in area of development including proposal for a conservation
easement area.
Site plan provides a secondary right of way connection for the existing Foxwood and 96th St.
housing developments.
Extension of public right of way including roadway, sanitary sewer, and watermain to the southern
property boundary.
Installation of stormwater management facilities to provide volume control, water quality and rate
control for runoff from the new roadway surfaces prior to discharging to the existing wetlands.
Site Access and Pedestrian Circulation
The initial phase of the development site has available vehicular right of way access from Eagle Ridge
Road by way of the Foxwood Development and 96th Street. Both Eagle Ridge Road and 96th Street
currently dead-end with temporary style turn-arounds. The development as proposed will provide second
access points to 2 existing developments improving the emergency servicing ability for each development
as well as the proposed Erhart Farm project.
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 5 of 9
The Eagle Ridge Road and 96th Street roadway extensions are proposed with the City standard 60’ wide
right of way and a 31’ back of curb to back of curb road width. A public sidewalk is proposed along Eagle
Ridge Road from Foxwood southerly to the proposed intersection with 96th St and along 96th St. The
proposed Eagle Ridge Way roadway section is proposed with a modification to City standard. The
development plan proposes the typical 60’ right of way width for Eagle Ridge Way, however, the road
width is proposed at a narrower 26’ back-to-back width. The proposed narrower width is requested to
reduce impervious surface, save additional trees and because this will be a single loaded road with homes
only on 1 side of the street.
The project is also proposing a nature trail routed along the rear of several lots adjacent to wetland 3 that
will be placed within a trail easement. The plan is for this trail is to ultimately cross the wetland 2 overflow
outlet to wetland 3 and connect to the TH 101 trail.
Grading and Topography
The site has been designed to fit within the existing natural features and topography. Mass grading will be
required to construct the public roadways, house pads, and stormwater management areas. Some small
retaining walls will be necessary to construct some future home sites, however, they are designed to stay
within individual lots with no cross-lot walls needed and thus will be the responsibility of the future lot
owners. Since the retaining walls are contained within individual lots they will be built as needed with the
home construction and could vary from depiction is subdivision submittal plans. The mass grading
activities do require removal of several onsite trees, however, there are significant tree savings proposed.
The grading plan proposed little to no grading within proposed wetland buffers and existing steeper slope
areas. Per City requirement all proposed graded slopes will not exceed 3 horizontal to 1 vertical.
Sanitary Sewer and Watermain
The site has limited access to public sanitary sewer via an existing lift station within Foxwood, however,
City Staff has provided direction that no additional homes should be added to the existing Foxwood lift
station. The Foxwood lift station was designed as “temporary” when the Foxwood project was constructed
and the long term plan was to connect the Foxwood gravity sewer to another lift station in the future. The
Erhart Farm development proposes to construct a new permanent lift station in the south end of the
proposed plat near 96th Street. The new lift station would allow for the removal of the Foxwood lift station,
however, the existing forcemain within Foxwood would be used by the new lift station. The proposed lift
station will also be designed with depth to serve the homes along 96th Street and that will allow for the City
to remove the existing lift station servicing the 96th St homes in the future.
The existing 4” forcemain that outlets the Foxwood lift station will be the same outlet for the proposed lift
station. The 4” forcemain does have a capacity for up to 180 homes, assuming the construction of a new
lift station, wet well and pumps to accommodate the additional flow. The existing Foxwood lift station
current serves 48 homes and the current development proposal will add 21 new homes (the existing home is
not included at this time). This will leave additional service capacity for roughly 111 homes with
construction of the new lift station.
The site will connect to public water via a 12” public watermain at the south end of Foxwood within Eagle
Ridge Road. The 12” watermain will be extended southerly through the project within Eagle Ridge Road
and stub for future extension. The project will extend or stub 8” diameter lateral trunk watermains within
the development and easterly in 96th Street for future connection to the homes in 96th St.
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 6 of 9
Stormwater Management
The development is located within the Riley Purgatory Bluff Creek Watershed District and so is required to
provide stormwater management in accordnance with RPBCWD and City regulations. The proposed
development’s stormwater management plan does provide the required volume control, water quality, and
peak rate control. The development will provide stormwater management via one treatment basin. The
development is also proposing some permanent preservation of upland area within conservation easement.
Runoff to infiltration areas from the proposed roadways will be captured and pretreated in a sump
manholes and forebays prior to discharging into the basins. The basin will provide the required water
quality and rate control of stormwater prior to discharging to the downstream wetland.
Wetland Management
The site’s wetlands were delineated by Kjolhaug Environmental Services (KES). KES delineated any
wetlands near the proposed single family subdivision area and 4 wetlands (1, 2, 3 and 4) were identified. A
MnRAM analysis has been performed with the delineation to confirm the classifications of the wetlands.
The City of Chanhassen and Riley Purgatory Bluff Creek Watershed District have slight differences in
wetland classification labels and regarding wetland buffers requirements. The following is a summary of
the buffer requirements for the project:
Local Governmental Unit
City of Chanhassen Riley Purgatory Bluff Creek Watershed District
Wetland
Classification
Buffer Strip
Requirement
Principal
Structure
Setback
to Buffer
Accessory
Structure
Setback to
Buffer
Wetland
Classification
Average
Buffer
Width
Required
Min. Buffer
Width
Required
OUTSTANDING 50 50 50 N/A
PRESERVE 40 40 20 EXCEPTIONAL 80 40
MANAGE 1 25 30 15 HIGH 60 30
MANAGE 2 20 30 15 MEDIUM 40 20
MANAGE 3 16.5 30 15 LOW 20 10
The development plan assumes the most conservative buffer application as defined above by proposing
buffers in compliance with RPBCWD with the structure buffer setback in accordance with the City rules.
This combination of buffer and buffer setback that slightly exceeds the City’s standalone requirement. The
project does request variance to reduce the principal structure setback to buffer for one lot (Lot 1, Block 1),
see Variance Request section of narrative. The following is a summary of the proposed wetland buffers:
Wetland Area4 Classification Lineal
Frontage3
Buffer Area
For Avg Calc.4
Minimum
Buffer Width
Average Buffer
Provided
11 2,238 SF MANAGE 1
2 139,758 SF MANAGE 1 986 LF 42,497 SF 20’ 43.1’
3 843,116 SF MANAGE 2 1,871 LF 75,742 SF 20’ 40.5’
42 19,962 SF MANAGE 2
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 7 of 9
Notes:
1) This wetland is assumed to be fully impacted by development and will require mitigation
permitting.
2) A buffer to wetland 4 is not proposed at this time as there is no development proposed abutting that
wetland.
3) Lineal frontage listed is as assumed for buffer requirement calculation, also refer to wetland
management plan for additional calculation details.
4) Actual wetland buffer to be provided is greater than value used for averaging calculation.
The development plan proposes impact to 1 of the delineated onsite wetlands. The small wetland 1 is to be
impacted because of the necessary road construction and associated grading and changes to existing
hydrology. It is assumed that the necessary wetland mitigation will be done offsite through purchasing
wetland banking credits.
The applicant has previously received an interm use permit (IUP) to excavate within wetland 2 delineated
limits to create water storage areas. The wetland 2 work started in winter 2021 but was not able to be
finished at that time, and that work is proposed for completion in Winter 2021/22. The applicant has also
received no loss permit approval to excavate with a portion of Wetland 3 and plans to complete that
excavation work in winter 2021/22 as well.
Tree Preservation
The estimated baseline tree canopy coverage for the full development site is 60% of the net area (excluding
wetland areas). Per the City code, low density residential is allowed to remove trees to a limit of 35% tree
canopy prior to requirement of replacement mitigation. The development plan proposes to maintain tree
canopy coverage of 47% for the property and thus no tree preservation plan specific tree replacement is
required at this time.
The applicant is proposing a conservation easement over a portion of the rear of lots along Eagle Ridge
Way and abutting the buffer area of wetlands 2 and 3.
Landscaping
The landscape plan for the project includes boulevard trees and seeding of disturbed areas and stormwater
management area. The proposed single family yards will be vegetated with typical residential turf grass,
disturbed outlot areas with native seed mix, and pond and infiltration basin with appropriate seed mixes.
EASEMENT VACATION REQUEST
The proposed subdivision plan does require a lot line adjustment to the existing residential lot that currently
contains 1 home and barn. The home and barn will remain at this time and the dimensions of the lot
containing the existing home will be slightly modified. As a result of needing a modification to the existing
lot, the applicant is request approval to vacate the standard public drainage and utility easements within the
existing lot. The proposed preliminary plat does propose to replace public drainage and utility within the
newly configured lot. It is understood that the vacation will not officially be enacted until the property is
final platted and the proposed easements can be established.
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 8 of 9
VARIANCE REQUEST
The subdivision as proposed request review and approval of 3 variances including:
1. 7 RSF zoned lots (Lots 3-9, Block 1) with less than 90 lineal feet of right of way frontage.
2. 1 RSF zoned lot (Lot 1, Block 1) with a proposed front setback of 25’
3. 1 RSF zoned lot (Lot 1, Block 1) with a proposed wetland buffer setback of 20’.
Variance Explanation and Justification
1. Variance is requested for 7 lots (Lots 3-9, Block 1) to reduce RSF zoning required minimum lot
frontage from 90 feet to dimensions as proposed per preliminary plat. All 7 lots are along the
internal single loaded loop road called Eagle Ridge Way. The variance request is needed due to the
lineal footage hardship created by ‘tighter’ horizontal roadway curves limiting right of way
frontage. The applicant is proposing a narrower road pavement surface and tighter alignment to
minimize the roadway ‘footprint’ and maximize preservation of trees, yet still create enough lots to
meet the City’s density goals for the area. All 7 lots do meet the typical RSF required lot width at
the front setback and exceed the minimum lot area and depths. There are ways to create irregular
dimensioned right of way to get to a lot frontage calculation equal to 90’ per lot, however, the
applicant prefers to request approval of a variance in this case as the preferred design. Variance
approval would result in lots with:
a. Smallest lot area (Lot 3, Block 1) of 18,046 sf and the average lot size for the 7 lots of
24,628 sf or 64% greater than the RSF minimum of 15,000 SF.
b. 90’ minimum lot width provided at 30’ front setback for all 7 lots.
c. A minimum lot depth of 174’ for the 7 lots and most are well over that depth.
d. Proposed conservation easement on the sloped tree area within a rear portion of most of
these lots.
2. Variance is requested for a reduced front yard setback for Lot 1, Block 1 from the typical RSF
zoning 30’ front yard setback to the typical RLM zoning 25’ front yard setback. This lot is the
only Erhart Farm lot proposed directly adjacent to homes within the Foxwood development. The
Foxwood project was developed with RLM zoning standards including a 25’ front yard setback.
Proposed variance would allow for Lot 1, Block 1 to have same front yard setback as the existing
lot located directly north of the proposed lot. Variance request to reduce the front setback is due to
the shallow lot hardship directly created for the lot by the location of the existing Eagle Ridge Road
right of way (constructed with the Foxwood development) and the proximity to wetland 2.
3. Variance is requested for a reduced principal structure setback to a wetland buffer for Lot 1, Block
1 from the typical 30’ wetland buffer to a 20’ principal structure setback. The variance request to
reduce the setback is due to the shallow lot hardship directly created for the lot by the location of
the existing Eagle Ridge Road right of way (constructed with the Foxwood development) and the
proximity to wetland 2. Wetland 2 has a manage 2 classification with a 20’ minimum buffer
required and an allowed 15’ accessory structure setback to the buffer. The reduction of the
principal structure setback from 30’ to 20’ will better allow for home construction on the lot.
Variance request to reduce the setback is due to shallow lot hardship directly created for lot by the
location of the existing Eagle Ridge Road right of way which was constructed with the Foxwood
development and the proximity to wetland 2. Variance approval of requests 2 and 3 would result in
a developable lot (Lot 1, Block 1) with:
a. Lot area = 15,333 sf
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 9 of 9
b. Lot width (R/W frontage) = 114.94 ft
c. Min lot depth = 134.4 ft
d. Buildable principal structure pad depth = 55 ft
TIMING/PHASING
If the City approves the preliminary subdivision and rezoning request, it is the Applicant’s desire to
proceed immediately with application for final plat review and plans for a mass grading start in Late
Summer/Fall 2021.
CONCLUSION
The applicant respectfully concludes that the request for a rezoning and preliminary subdivision approval
will allow for a development consistent with City Goals and Objectives for this area. The proposed
development will create a single family subdivision that; meets density goals of the area, is consistent with
the adjacent land uses and upgrades and extends public utilities and right of way to adjacent properties.
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Appendix A
Traffic Impact Analysis Process
I. Introduction
The purpose of this process is to provide guidance to applicants assessing the potential transportation
impacts of a new development or a redevelopment.The following guidelines have been developed to
provide a clear,orderly,and consistent analysis by establishing minimum standards for all Traffic Impact
Analysis TIA).County staff will review the TIAs based on these criteria.
II. Transportation Impact Analysis TIA)
A TIA is a study which assesses the effects that a particular development will have on the transportation
network in the community.These studies vary in their range of detail and complexity depending on the
type,size and location of the development.TIAs should accompany developments which have the
potential to impact the transportation network.It will be determined in the early review meeting if a TIA
is necessary.These studies can be used to help evaluate whether the development is appropriate for a
site and what type of transportation improvements may be necessary.For the purposes of the TIA,all
land at one location,including existing developments or available land for building development under
common ownership or control by an applicant shall be considered when determining if required criteria
are met.An application shall not avoid the intent of this criterion by submitting a partial or segmented
application or approval request for building permits,development plans,subdivision,etc.
III. Transportation Impact Analysis Triggers
a) A TIA is required for any development meeting any of the following criteria:
i) generating approximately 750 or more vehicle trips per day.
ii) generating approximately 100 or more vehicle trips in any one hour period.
iii) if associated roadway traffic is increased by 50%or more.
iv) development will likely create a hazard to public safety.
v) development traffic will substantially affect an intersection or roadway segment already
identified as operating at an unacceptable level of service as determined by the County.
The trip rates in the most current edition of the Institute of Transportation Engineers ITE)Trip
Generation should be used in determining the amount of traffic a particular development will generate.
If the proposed use is an expansion of an existing facility then existing traffic patterns should be
extrapolated to the proposed improvement.If no ITE rates exist for a particular type of development or
there is some uncertainty regarding the need to conduct a study,the County Traffic Engineer will
determine if a TIA is required.If an applicant believes a TIA is not necessary then a written justification
will be required.County staff will review the document and determine how to proceed.
b) A TIA is not required when a development falls below the above mentioned threshold.
A traffic study may be required in lieu of a TIA.
Carver County will consider the following effects in the evaluation of traffic studies that are
warranted by certain zoning,land use,conditional use permits and final development plan
applications prior to the application being submitted:
i) Does the development significantly affect the operation and congestion of the adjacent
roadways or intersections and/or result in a traffic hazard?
ii) Does the development significantly affect pedestrian safety?
iii) Does the development provide feasible opportunities to address an existing traffic issue or
safety problem?
c) Sound engineering practices and applicable regulatory standards shall be used to evaluate any
development proposal,regardless of the development size or scope.
d) Developments adjacent to another jurisdictional entity shall submit the traffic study to the
respective agency for their information.
IV. Transportation Impact Analysis Study Area
a) The transportation consultant and project manager shall meet with the County Traffic Engineer to
establish the study area,to discuss critical issues,and to determine the complexity of the report to
be submitted.A preliminary site plan showing the planned development,internal circulation,and
connection to the public roadway system shall be provided to the County at the initial meeting.The
study area shall be approved by County staff.
b) All site access drives,adjacent roadways,and adjacent major intersections,plus the first affected
signalized intersection in each direction from the site shall be analyzed.Additional areas may be
added based on development size and specific site or local issues and policies.A general guideline
for setting the project study boundary will be when a development’s traffic using any particular
intersection falls below 20%.
V. Transportation Impact Analysis Requirements
A TIA shall be completed by a qualified Professional Engineer P.E.).All traffic analysis shall utilize
software consistent with MnDOT practice such as the latest versions of Synchro/SimTraffic and for
roundabouts SIDRA or ARCADY.The TIA report will usually include the following:
a) Report Letter
i) Identify the person(s)to whom the report is addressed.
ii) Summarize the findings and recommendations.
iii) Clearly define peak traffic periods.
b) Proposed Development and Study Area.
i) Describe proposed development.
ii) Map of site and street network.
iii) Identify intersections/highway links to be analyzed.
c) Existing Traffic Conditions
i) Figures showing ADTs,peak hour turning movements and levels of service for all applicable
peak hour and peak hour of development unless otherwise directed by the County Traffic
Engineer).
ii) Indicate roadway/intersection geometrics,street right of way,type of traffic control at
intersections,traffic regulations i.e.no parking zones,posted speed limit),and bus stops.
iii) Determine queue lengths at controlled intersections that may affect project.
d) Future Projected Traffic Conditions Without Development Utilize County Travel Demand Model or
historical growth information)
i) Figures showing future projected ADTs,peak hour turning movements and level of service.
ii) Identify changes in road network and land use expected under full development conditions.
iii) Determine queue lengths at controlled intersections that may affect project.
e) Existing Site Traffic
i) Site generated traffic ADT and peak hours.
ii) Figure showing distribution by direction of approach.
iii) Figure showing assignment volumes and turning movements)to each link in the network
analyzed.
f) Proposed Site Traffic
i) Site generated traffic ADT and peak hours if development is to be completed in phases,show
cumulative traffic for each phase added)
ii) Figure showing distribution by direction of approach.
iii) Figure showing assignment volumes and turning movements)to each link in the network
analyzed.
iv) "Pass by"trip assumptions,distribution and assignment.
g) Traffic Impact of Proposed Development
i) Figures showing ADTs,peak hour turning movements and level of service for present conditions
with proposed development.
ii) Figures showing ADTs,peak hour turning movements and level of service for future projected
conditions with proposed development.
iii) Determine queue lengths at controlled intersections that may affect the project.
iv) Review ingress/egress sight distance,capacity and safety.
v) Review on site circulation for vehicles and pedestrians.
h) Problem Areas
i) Identify congestion or safety problems for present conditions with proposed development.
ii) Identify congestion or safety problems under full development conditions with proposed
development.
iii) Identify crash experience and expectancy.
i) Travel Demand Management Plan
i) A travel demand management plan shall be included as part of the analysis
ii) Bicycle and Pedestrian Facilities provide for access to,from and through development for
bicyclists and pedestrians;recommend designated bicycle paths,lanes and facilities)
j) Recommended Improvements and Mitigation Measures
i) Identify possible short term improvements and mitigation measures.
ii) Identify possible long term improvements and mitigation measures
iii) Recommended improvements and mitigation measures
k) Appendices
i) Capacity analysis calculations,data and assumptions provide sufficient information for reviewer
to follow analysis and to be able to spot check results).
ii) Queue length analysis calculations,data and assumptions.
iii) Provide other pertinent information that may be needed to explain or justify data used in the
report i.e.,if data from an actual field study of sites in the metro area is used in place of ITE trip
generation rates,then a report of the field study results should be included in the appendix)
The TIA must be submitted at the same time as the appropriate development application to the City.
However,the developer may find it advantageous to have the TIA completed and submitted to the County
several weeks prior to the submittal of the development application in order to incorporate
recommendations from the traffic report on the development plan.The completed TIA meeting the above
requirements will be reviewed by County staff and written comments will be provided within 30 days.
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
COUNTYOFCARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
July 8,2021, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy ofthe attached notice ofa Public Hearing to
consider a request to rezone property from Agricultural Estate (A2) to Single-Family
Residential (RSF) and subdivision of property into 2l single-family lots with variances at
775 96'b Street W., Planning Case No. 2021-12' 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 ofsuch owners were those appearing as such by the
records ofthe County Treasurer, Carver County,innesota, and by other ap priate recordt
swom to before me
f
Kim T.euwssen,Deputy Cl
N otary Public
k
Subscribed and
rhist{" day o ,2021.
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This map is neither a legally recorded map nor a suNey and is not antended to be used
as one. This map is a @mpilation of records, information and data located in varjous city
county, stale and federaloffices and olher souaces regarding the area shown, and is to
be ufu for refercnce purposes only. The City does not \0arant that lhe GeogBphic
lnformation Syslem (GlS) Oata used to prepaG this map are enor lree, and the Crty does
not represent lhat the GIS Data can be used for navigational tracking or any other
purpose rcquiing exacting measurement ol distanc€ or di@(iion oa precision in lhe
depiction of geographic features The preceding disclaimer is provided pursuant to
Minnesota statules s466.03. Subd. 21 (2000), and the user of tnis map acknowledges
that the City shall not be liable for any damages, and expressly waives all claims and
agrees to defend, indemnify. and hold hamless the city from any and all daams broughl
by User, its employees or agents, or lhid parties which adse out of the useis access or
use of data provided
Di!claimor
This map is neather a legally recorded map nor a survey and is not intended to be used
as one. This map as a compilatron of records. information aod data located in various city,
coun9, state and tederal offices and other sources regarding the area shown, and is to
be used ,or reference purposes only. The City does not wanant that the Geog6phic
lnbrmation System (GlS) Oata used to prepare thas map are eror free, and the City does
not represent that the GIS Oata can be used for navigational, tracking or any other
purpose rcquiring exacting measuemenl of distance or directlon or prccision in lhe
depictron ol geographic features The pre'cedang disclaimer is provided pursuant to
Manoesota statut* s466 03, Subd. 21 (2000). and the user of this map acknowiedges
that the City shall not be liable lor any damages, and expressly waives all claims, and
agrees to debnd. indemnify. and hold harnless the City from any and all claims brolght
by User. its employees or agents, or thid parlies which adse oul of the useis access or
use of data provided
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CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MINUTES
JULY 20, 2021
CALL TO ORDER: Vice Chairman von Oven called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Laura Skistad, Eric Noyes, Mark von Oven, Erik Johnson, Doug
Reeder, and Kelsey Alto
MEMBERS ABSENT: Steven Weick
STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner; George Bender, Assistant City Engineer; Erik Henrickson, Project Engineer.
PUBLIC PRESENT:
Robert Boecker 610 W. 96th Street
Gary & Lane Burdick 731 W. 96th Street
Dr. Carissa Haverly 750 W. 96th Street
Roger & Kim Lee 600 W. 96th Street
Elaine & Johnnie Meyering 1050 Homestead Lane
Andrew Riegert 620 W. 96th Street
Martin Schutrop, Schutrop Building & Dev. Corp. 540 Lakota Lane, Chaska
Chairman von Oven reviewed guidelines for conducting the Planning Commission meeting.
Vice Chair von Oven stated both Public Hearings will go before the City Council on Monday,
August 9, 2021.
PUBLIC HEARING:
CONSIDER A REQUEST TO REZONE PROPERTY FROM AGRICULTURAL
ESTATE DISTRICT (A2) TO SINGLE-FAMILY RESIDENTIAL (RSF) AND
SUBDIVISION OF PROPERTY INTO 21 SINGLE-FAMILY LOTS WITH VARIANCES
AT 775 96TH STREET W.
Senior Planner Generous presented the staff report on this item, noting the applicant is requesting
the rezoning of the property, which would be consistent with the Comprehensive Plan and
subdivision approval to create 21 single-family lots and several outlots with dedication of public
right-of-way. The property is zoned Agricultural Estate District (A2) which is really a holding
district in the community and is guided for residential low-density uses which permits densities
of 1.2 to 4 units/acre. The proposed density of the part they are platting with the first phase
would be 1.69 units/acre and is within the density range permitted by the Comprehensive Plan.
There is a large wetland complex on the eastern portion of the property and a portion of the site
is heavily wooded; the applicant has allowed the neighbors to use the wooded area as a walking
area and permitted horse trails. Mr. Generous noted the RSF district is consistent with the
Planning Commission Minutes – July 20, 2021
2
Comprehensive Plan and looked at other districts but none were really appropriate. Staff is in
support of rezoning to RSF which is consistent with the land use and is also one of the most
common for single-family homes in Chanhassen. The subdivision would create 21 single-family
homes on the eastern part of the subdivision and replat the farm site; access would be via public
streets from Eagle Ridge Road to the north and 96th Street to the south. City sewer and water
would be extended into the project and would move the current lift station on the north side of
the project to the very south side of the project and it will be sized sufficiently to handle
additional sanitary sewer. As part of the development, the applicant is also providing stormwater
treatment. As part of the first phase of development, there is not a lot of tree preservation as there
is a huge knoll (shown onscreen) and to bring it down and make it suitable for development they
will have to do quite a bit of grading so that entire area will be disturbed. Mr. Generous also
noted another area to be disturbed to provide stormwater ponding. There is a significant amount
of tree replacement that needs to be done and current analysis says that is 273 trees.
Project Engineer, Erik Henricksen, presented and noted staff conducted a review of the grading
and drainage plan and found that it is in general conformance with ordinances and standards.
There are a few areas that would be “Do Not Disturb” areas, one being on Outlot A, a small
portion on Lot 10, Block 1, to save an old, very significant oak tree, and some other preserved
areas. Grading is proposed on Outlot E and the City is working with the developer’s engineers to
see an exhibit of the ultimate build-out and grading plan for the area to be sure there is no
adverse drainage impacts to the lots located on Block 2. Earlier this year, the property was issued
grading Interim Use Permit #2021-03 for the dredging of a wetland north of the proposed
development and the applicant is about midway through completion and there is a stockpile of
wetland spoils which are not conducive to engineering fill or house pad support and they will
want to ensure that is relocated or removed. Mr. Henricksen walked the Commissioners through
public sanitary and water mains including 8” sanitary sewer, 12” trunk main, and relocation of an
existing temporary lift station. Lift Station #20 at the end of W. 96th Street would be removed
and all of the sanitary sewer after W. 96th Street is reconstructed would be accommodated with
the oversizing of the new lift station. The applicant has provided preliminary designs for that lift
station and it does prove feasible. The City is still working through plans to get a final location
for the lift station. Finally, the oversizing of all of the public utilities required would be
reimbursed by the City, including the 12” PVC trunk main and the lift station. Mr. Henricksen
walked the Commissioners through public storm sewer and said the applicant’s approach to
stormwater management is feasible through the use of a baffle, catch basin sumps, and filtration
pond. Staff is working with the applicant to find a more ideal access to this public facility as
right now it is located in backyards which can sometimes prove difficult to get access to for
maintenance dredging. Street connectivity goes from the termination of Eagle Ridge Road with
W. 96th Street which was a requirement from Public Works and Fire for emergency vehicle
access. The applicant is asking for a variance from the typical street width which is proposed to
be 26 feet wide rather than 31 feet wide because it is single loaded with houses on one side and
to save additional trees. Staff recommends approval of that with the condition of a sidewalk
installed on that portion. A nature trail is proposed with a mid-block crossing and staff is
working with the developer to find a different location. Mr. Henricksen walked the
Commissioners through potential street collector roads and design alternatives to improve the
traffic flow. An ideal water tower location was noted on screen and spoke about as a W. 96th
Street improvement tentatively scheduled for 2026.
Planning Commission Minutes – July 20, 2021
3
Mr. Generous said there are four variance requests, of which three are from the Zoning
ordinance. First, seven lots have less than 90 feet of frontage, however when they go back to the
building point they all meet or exceed the 90 foot requirement so staff is in support of that.
Second, they are requesting setback variances for Lot 1 which is the most northerly lot and is
directly next to the Foxwood development and the front setback would match the smaller
setbacks of that development; because it is between the roadway and the wetland they are also
requesting a variance from the wetland setback on the back. Eagle Ridge Way is proposed to be a
26-foot wide road and staff is in support of all the variance requests with this development. Staff
believes the applicant will be able to preserve wetlands in their current conditions. Staff is
recommending approval of the rezoning, approval of the Preliminary Plat with variances for the
street width and front yard setback, wetland setback, and street frontages subject to the
conditions in the staff report, and adoption of the Findings of Fact and Recommendation.
Commissioner Reeder asked the City’s frontage requirement.
Mr. Generous replied it is 90 feet.
Commissioner Reeder asked how small the lots are that are being asked for variances.
Mr. Generous replied the smallest width was approximately 87 feet. He reiterated once they get
to the 30-foot setback they meet or exceed the 90 feet of width.
Vice Chairman von Oven asked on the proposed width of the street that needs the variance, are
there any concerns with fire trucks or ambulances getting through that area?
Mr. Henricksen noted there are no concerns from the Fire Department, and Fire Code does state
the minimum width for private streets is about 20 feet. There are certain requirements that must
be met, Fire performed a review, and there were no flags raised. Public Works and Engineering
does not have a concern other than keeping pedestrians on a sidewalk and out of the street.
Mr. Generous stated one side of the street will be signed as “no parking.”
Vice Chairman von Oven asked to see the slide with concerns about water. He asked if staff
could predict what the applicant will come back with for drainage and where the water will go.
Mr. Henricksen noted the applicant provided sheets that show the detail of the high point in the
back and demonstrated some routes on screen and stated they do want to ensure feasibility and
ensure everything has been checked so there are no impacts to the existing lots.
Vice Chairman von Oven asked, regarding the oversizing of the lift station, will that choice have
any negative impacts on the residents of W. 96th Street, whether it is a temporary shutdown or
changeover?
Mr. Henricksen stated sewer and water should and will always be provided during construction
and reconstruction of the W. 96th Street corridor. The oversizing of the lift station will be
Planning Commission Minutes – July 20, 2021
4
oversized and built to accommodate when that construction occurs. He explained more about
gravity, current lots, and future lots and the future lift station.
Commissioner Reeder asked if there was a tree survey done and if he can see where the trees are
currently and where they will be taken down.
Mr. Generous explained the trees are all throughout the area. Mr. Henricksen showed a satellite
view and explained tree coverage.
Commissioner Reeder asked if there will be any trees left in the area they are currently
developing.
Mr. Generous replied, yes, and pointed out the areas on screen, including a large oak that they
want to preserve.
Commissioner Alto noted it was mentioned that the rezoning fits into the 2040 Comprehensive
Plan and asked how many other areas there are in Chanhassen that could be up for development
for that plan.
Mr. Generous stated Residential Low Density (RLM) is the largest land use; west of Highway
101 is guided for RLM as well so once sewer and water becomes available they could redevelop.
Commissioner Alto said it looks like the W. 96th Street neighborhood is older than Eagle Ridge.
She asked if the developer knew the price point of the proposed development versus the price
point of the houses below and above.
Mr. Generous believes the same developer that did Foxwood is interested in this and the
applicant could speak about that.
A representative from Black Cherry Development, Tim Erhart, approached the podium and said
he and his wife bought the property when they moved to Chanhassen in 1980 and moved onto
the old farm site and rebuilt the house. He got into the hobby of growing, cultivating, and
straightening trees, and building trails; they also built or restored seven ponds on the property
and it has been a beautiful and fun nature project. He wants to see it properly incorporated into
the enclave of south Chanhassen with trails and further pond development. He shared the history
of how the project came to be and noted two years ago he had no notion of selling any of the
land and a friend from Gonyea stated they had excess sewer capacity on the temporary lift station
and were out of lots so asked if he would be willing to sell some land. He feels very comfortable
about the project as it is today. He pointed out the last wetland that he wanted to restore is about
halfway done. He noted, regarding trees, it was submitted that they would clear out all of the
trees for the houses and that is not the case. Now that tree preserve will allow individual lot
owners to optimize their lot, he believes that will lead to a lot less tree removal than shown on
the plan. He loves trees and is working very hard to make it good. Regarding the prices of the
homes, he believes other homes in Foxwood are going for $800,000-$950,000 although it is a
tough question.
Planning Commission Minutes – July 20, 2021
5
Vice Chairman von Oven opened the public hearing.
Dr. Carissa Haverly, 750 W. 96th Street, had some concerns. First, she would ask the Planning
Commission to understand that hooking up W. 96th Street to Eagle Ridge is because of the Fire
Department requirement, but will drastically change the character of the neighborhood and
traffic that flows through. It is a tight-knit community and everyone knows one another; she
asked that the City be mindful of the decisions they are making and the way it will affect
residents. Second, she had a grave concern in being forced to hook up to sewer and water and
being charged a hefty assessment fee. She works three part-time jobs, her husband works full-
time and part-time and if the City requires them to no longer use their well and sewer, it will cost
them a lot of money. She is concerned that there may be others in the neighborhood that also fall
into that category. Finally, Dr. Haverly said regarding the reconstruction of W. 96th Street to
include sidewalks, her property is one of the end properties on the development and W. 96th
Street goes onto her property and uses part of the utility easement. In looking through City Code,
Section 18-64 through 18-77, Article 4 describes easements as the front 10 feet of one’s property
provided for utilities. Division 5 Section 20-379 defines utilities as sewer, gas, electrical, and
water systems but it does not say that the City may use her property for roads and sidewalks. She
then did a search on eminent domain and could not find it. She wonders what recourse the City
has for using her property for this street and sidewalks and every single resident will be giving
up a hunk of their front yards in order to accommodate this, which is eminent domain and
requires some fiscal compensation.
Vice Chairman von Oven noted she keeps referring to 76th Street and he does not know what that
is.
Dr. Haverly replied she is nervous and she meant W. 96th Street. She asked to show the ghost
plat of the subdivision and pointed out her property and utility easement; this does infringe on
her property and they can definitely come to some kind of agreement or conclusion.
Elaine Meyering, 1050 Homestead Lane, saw on the map that they are proposing a road through
their cul-de-sac and stated they are against that and do not want that to go through. She noted on
the map showing the future that a road may go through the cul-de-sac on Homestead Lane and
on Flintlock Trail for future development of the area. If that happens, she wonders when and if
they would be assessed fees for City sewer and water, as well as curb and gutter. She also asked
if the properties would stay the way they are on Homestead Lane or rezoned into smaller lots.
Commissioner Noyes asked to clarify in extending W. 96th Street to the west it appears that
would potentially connect with Flintlock Trails and Homestead Lane both coming in from the
south.
Ms. Meyering replied yes. When looking at the map A, B, C, D, she asked if those are water
towers.
Mr. Henricksen said from the 2040 Comprehensive Plan this property was analyzed to have a
water tower on it at some location and the developer’s engineer has provided three locations that
Planning Commission Minutes – July 20, 2021
6
would meet the requirements. There will not be a need to install three water towers but there are
three possible locations identified. He showed the most ideal location from staff’s point of view.
Ms. Aanenson, Community Development Director, noted one of the first things staff does is to
show a potential alignment for the street because it is in the Comprehensive Plan that the street
must connect. The intention here is that it is transparent that there is a potential for connection.
Will it happen? They will have to decide as the rest of the street comes in, and they know there is
a potential for water sites so people can plan for that in the future. It is not the City’s intention to
rezone the property on W. 96th Street nor to rezone the property south. The goal in moving
forward is as systems fail (septic and sewer) there is another alternative to provide for those
houses, as there have been situations where systems fail and people cannot sell their home. They
are always planning for other options but does not mean that it has to go through at that time;
they are saying there are options to provide sewer and water access to those and some of those
decisions are also made by the Fire Department. She clarified today they are looking at this
project to show what could happen over there.
Kim Lee, 600 W. 96th Street, noted four bullet points on a document, regarding construction
traffic on W. 96th Street. Included is further deterioration of the road, and she noted they would
like to maintain the current cul-de-sac with no through traffic. The proposed construction access
from Powers Boulevard in line with the current ghost plat, they know the construction is not just
the first 21 houses but will eventually extend and all of that traffic will go on for 3-5 years as this
is not something short-lived. If it was at least looked at through Powers, there is no one there,
and then W. 96th Street won’t be affected until possibly 2026. She noted they know it is
eventually coming, but none of those homes would be interrupted until that time.
Chairman von Oven closed the public hearing.
Commissioner Alto asked if it is determined that all construction traffic would enter through W.
96th Street or would it be split between Eagle Ridge.
Mr. Henricksen replied ideally it would be split. It is not atypical for public right-of-ways to be
used for construction access when they see developments extending from existing right-of-ways.
Through construction planning to have two routes and access points to the development would
be sought after. With W. 96th Street being slated for reconstruction in the future, it is an ideal
location to have construction traffic.
Commissioner Alto asked if it is possible to ask the developer to use the Powers connection as a
construction road.
Mr. Henricksen noted they looked at that possibility but found it infeasible with the proposed
development and not necessarily prudent or reasonable.
Commissioner Reeder asked what made it infeasible.
Mr. Henricksen replied it comes into construction means and methods in looking at getting a
delivery when there is a road that is unplatted and does not have addresses.
Planning Commission Minutes – July 20, 2021
7
Assistant City Engineer, George Bender stated it is someone’s property and to make the
requirement – rather than request – as a condition of the development goes to the reasonability of
the request.
Commissioner Noyes asked if the western part was being developed now, would the access come
down W. 96th Street for construction?
Mr. Henricksen replied no. It would come off Powers Boulevard. He noted reconstruction of W.
96th Street is highly contingent on the future developments.
Mr. Generous clarified the westernmost portion is guided for office development; it is really
market-driven and if someone wanted to come in and do that they would probably require
making the connection from Powers Boulevard. He clarified there is a large ridge right there that
will have to come down to meet the 7% slope requirements of the City.
Commissioner Skistad asked if W. 96th Street is currently a mound and well system for sewer
and water.
Mr. Generous clarified they have sewer connection, but not everyone has water.
Mr. Henricksen replied they have tanks in their backyard which then flow to the gravity system
in W. 96th and then goes to Lift Station 20 and gets pumped across Highway 101 to another
gravity system. It would be ideal to have a normal sewer pipe there as the tanks are an area of
Infiltration and Inflow (I and I) so they are seeing surface water and ground water leeching into
the sanitary system. It is an issue the City is dealing with as a whole but W. 96th Street has
exhibited a higher I and I than normal and it is believed to be tied to the tank system tied in there.
Commissioner Reeder asked what the policy is if and when they put that pipe in. Do they require
a hook-up?
Mr. Generous replied if one is within 150 feet of the sewer line, they are required to connect. A
well may be maintained until it fails and then one cannot drill a new well but would have to
connect.
Mr. Henricksen believes the 150-foot requirement is also linked to new construction.
Vice Chairman von Oven noted this Commission has approved two variances in the last six
months in his neighborhood which has resulted in a ton of construction traffic and drives him
nuts. However, it was the right thing to do because the variances followed the City plan and it is
the right of the property owner to do with their property what is allowed by the City. From his
point of view, the Commission has a set of plans and variances before it that do not vary widely
from what the City expects and that a property owner is not going beyond their rights. He does
not see anything on the map that City Code gives reason to say one cannot do that, which is also
why he believes staff is recommending approval for City Council.
Planning Commission Minutes – July 20, 2021
8
Commissioner Reeder thinks the construction traffic on W. 96th will be outrageous. He has lived
with this in the past and he thinks it will be a large problem for the City for the five years it takes
for things to be built.
Vice Chairman von Oven does not disagree but he does not feel it is within their rights to force
the property owner to go in through Powers.
Commissioner Alto moved, Commissioner Johnson seconded that the Chanhassen
Planning Commission recommends that the City Council approve the rezoning of the
development from Agricultural Estate District (A2) to Single-Family Residential District
(RSF); preliminary plat with variances for street width, front yard setback (Lot 1, Block 1),
wetland setback (Lot 1, Block 1) and street frontages (Lots 3 through 9, Block 1) subject to
the conditions of the staff report and adoption of the Findings of Fact and Decision.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
PUBLIC HEARING:
CONSIDER A REQUEST TO REZONE PROPERTY FROM AGRICULTURAL
ESTATE DISTRICT (A2) TO SINGLE-FAMILY RESIDENTIAL DISTRICT (RSF) AND
SUBDIVISION APPROVAL OF TWO LOTS AND ONE OUTLOT WITH VARIANCES
FOR A PRIVATE STREET AND PRIVATE STREET WIDTH AT 9197 EAGLE RIDGE
ROAD
Mr. Generous presented the staff report and said Planning Case #2021-15 is a rezoning and
subdivision approval to create two lots, one for the existing home and the other for a new
building site. The approval comes with variance requests for a private street, as currently the lot
is accessed via a private street and they would extend that to serve the two lots. There is also a
request to have less than a 20-foot wide private street because of retaining walls on site in the
wetland. The site is guided for residential low density which permits densities of 1.2 to 4
units/acre. Sewer and water are stubbed to the end of the private street but are not connected to
the homes. There are wetlands in the northeast and south side of the property. Mr. Generous
spoke about utilities and tree removal.
Mr. Henricksen reported there are no public utilities or street connections. As presented and
shown, the grading plan is feasible and meets the ordinances. Construction plans will require
some updates and will be reviewed during the building permit process.
Mr. Generous stated City Code permits the use of private streets for up to four single-family
homes. He advised the applicant that they need the Fire Marshal to sign off on the variance for
design standards for a private street. The applicant is proposing to use wetland buffering which
the Watershed District must approve. Staff is recommending approval of the rezoning and the
subdivision with the variance for the private street and private street width subject to the
conditions of the staff report and adoption of the Findings of Fact and Recommendation.
Commissioner Skistad asked how long the private road would be.
Planning Commission Minutes – July 20, 2021
9
Mr. Generous replied about 200-300 feet.
Commissioner Alto asked if the trail across Highway 101 that plans to connect to Bandimere
Park will be constructed.
Mr. Generous replied not as part of this development. Currently, there is an underpass under
Highway 101 and they would be looking for the connection in the future.
Commissioner Noyes asked if that connection is in an easement or on an outlot that the City
would own.
Mr. Generous noted that is up to the developer. The City would prefer it as an outlot that the City
would own, but if the developer wanted to keep it, then they could and place a drainage, utility,
and trail easement for a future trail alignment.
The Council discussed trail crossings and their preference is not to have trail crossings mid-
block.
Mr. Henricksen noted the newly formed Traffic Safety Committee developed earlier this year is
developing a safe crosswalk policy which deals directly with mid-block crossings to have certain
criteria for when and if they are installed and what type of improvement.
Martin Schutrop, Schutrop Building, noted there will be a shared agreement on the driveway for
maintenance and plowing. The current house has already been sold and will be remodeled and
updated.
Vice Chairman von Oven opened the public hearing.
Vice Chairman von Oven closed the public hearing.
Commissioner Noyes moved, Commissioner Skistad seconded that the Chanhassen
Planning Commission recommend that the City Council approve the rezoning from
Agricultural Estate District (A2) to Single-Family Residential District (RSF), a two-lot, one
outlot subdivision with a variance for the use of a private street and private street width
subject to the conditions of the staff report; and adoption of Findings of Fact and Decision.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
APPROVAL OF MINUTES: Commissioner Noyes noted the minutes of the Planning
Commission meeting dated July 6, 2021 as presented.
ADMINISTRATIVE PRESENTATIONS:
Ms. Aanenson presented highlights of action taken by the City Council on planning matters. At
the last Council meeting, the Avienda Final Plat was approved, and there was a Metes and
Bounds subdivision for a salon. Regarding the interim use for the driving range, the City sent out
Planning Commission Minutes – July 20, 2021
10
for jurisdictional review and received a response from the DNR that they had no comments from
the Biology and Wildlife person. During the City Council meeting out of the blue, someone from
the DNR Wildlife got up and noted he had no problems and had met with the applicant the
previous Friday. The City sent a letter that it would have been nice if they had communicated
that with them.
ADJOURNMENT:
Commissioner Noyes moved to adjourn the meeting. All voted in favor and the motion
carried unanimously with a vote of 6 to 0. The Planning Commission meeting was
adjourned at 8:46 p.m.
Submitted by Kate Aanenson
Community Development Director
CITY COUNCIL STAFF REPORT
Monday, August 9, 2021
Subject Ordinance XXX: Approve a Request to Rezone Property from Agricultural Estate (A2) to
SingleFamily Residential (RSF); and Resolution 2021XX: Subdivision Approval of Two Lots
and One Outlot with Variances for a Private Street and Private Street Width at 9197 Eagle Ridge
Road
Section NEW BUSINESS Item No: H.2.
Prepared By Robert Generous, Senior Planner File No:
PROPOSED MOTION
"The Chanhassen City Council approves the following for property located at 9197 Eagle Ridge Road:
1. An ordinance rezoning the Eagle Bluff development from Agricultural Estate District (A2) to SingleFamily
Residential District (RSF); and
2. A resolution approving preliminary and final plat for a twolot, one outlot subdivision with a variance for the
use of a private street and private street width (Eagle Bluff) subject to the conditions of the staff report;
And
Adopts the Planning Commission's Findings of Fact and Recommendation."
Approval requires a Majority Vote of the entire council.
SUMMARY
The applicant is requesting rezoning from Agricultural Estate (A2) to SingleFamily Residential (RSF) and subdivision
approval of two lots and one outlot with variances for a private street and private street width.
BACKGROUND
The Planning Commission held a public hearing on July 20, 2021 to review the proposed development. The Planning
Commission voted 6 0 on a motion recommending approval of the development. There were no issues or concerns
with the proposal.
The Planning Commission minutes for July 20, 2021 are attached.
DISCUSSION
The proposed rezoning to SingleFamily Residential (RSF) District is consistent with the Comprehensive Plan Land
CITY COUNCIL STAFF REPORTMonday, August 9, 2021SubjectOrdinance XXX: Approve a Request to Rezone Property from Agricultural Estate (A2) toSingleFamily Residential (RSF); and Resolution 2021XX: Subdivision Approval of Two Lotsand One Outlot with Variances for a Private Street and Private Street Width at 9197 Eagle RidgeRoadSectionNEW BUSINESS Item No: H.2.Prepared By Robert Generous, Senior Planner File No: PROPOSED MOTION"The Chanhassen City Council approves the following for property located at 9197 Eagle Ridge Road:1. An ordinance rezoning the Eagle Bluff development from Agricultural Estate District (A2) to SingleFamilyResidential District (RSF); and2. A resolution approving preliminary and final plat for a twolot, one outlot subdivision with a variance for theuse of a private street and private street width (Eagle Bluff) subject to the conditions of the staff report; AndAdopts the Planning Commission's Findings of Fact and Recommendation."Approval requires a Majority Vote of the entire council.SUMMARYThe applicant is requesting rezoning from Agricultural Estate (A2) to SingleFamily Residential (RSF) and subdivisionapproval of two lots and one outlot with variances for a private street and private street width.BACKGROUNDThe Planning Commission held a public hearing on July 20, 2021 to review the proposed development. The PlanningCommission voted 6 0 on a motion recommending approval of the development. There were no issues or concernswith the proposal.The Planning Commission minutes for July 20, 2021 are attached.DISCUSSION
The proposed rezoning to SingleFamily Residential (RSF) District is consistent with the Comprehensive Plan Land
Use designation. The RSF district is the most appropriate zoning district to rezone this property since it is the primary
zoning for singlefamily residential properties, is a standard zoning district, and permits only singlefamily homes.
The proposed subdivision has access to public rightofway via Eagle Ridge Road to the north through a private street
which was constructed during the Foxwood development. The private street was built in accordance with City
Ordinance to a 7ton design. The developer is proposing a variance from the private street design requirements and is
requesting the use of a shared driveway to gain access to the private street for both Lots 1 and 2 in order to avoid
disturbing two existing retaining walls and to preserve large existing trees, which requires a variance approval for the
extension of the private street and from the private street standards.
RECOMMENDATION
Staff and the Planning Commission recommend the City Council approve the rezoning and subdivision with a variance
for the use of a private street and variance from the private street design subject to the conditions of the staff report,
and adopt the Findings of Fact and Recommendation.
ATTACHMENTS:
Rezoning Ordinance
Resolution
Planning Commission Staff Report dated July 20, 2021
Planning Commission Meeting Minutes dated July 20, 2021
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE,
BY REZONING CERTAIN PROPERTY
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby
amended by rezoning from Agricultural Estate District (A-2) to Single-Family Residential District
(RSF), for all property within the Eagle Bluff residential development, with the following legal
description:
Lots 1 and 2, Block 1,
Eagle Bluff Addition, Carver County, Minnesota.
Section 2. The zoning map of the City of Chanhassen shall not be republished to show the
aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office
for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the
notations, references, and other information shown thereon are hereby incorporated by reference
and made a part of this ordinance.
Section 3. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 9th day of August, 2021, by the City Council of the City
of Chanhassen, Minnesota
Laurie Hokkanen, City Manager Elise Ryan, Mayor
(Published in the Chanhassen Villager on ______________________________)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: August 9, 2021 RESOLUTION NO: 2021-
MOTION BY: SECONDED BY:
A RESOLUTION APPROVING
PRELIMINARY AND FINAL PLAT
FOR EAGLE BLUFF ADDITION, CARVER COUNTY, MINNESOTA
SCHUTROP BUILDING & DEVELOPMENT CORP.
9197 EAGLE RIDGE ROAD
WHEREAS, Schutrop Building & Development Corp. and Black Cherry Development
have requested approval of a subdivision creating two single-family lots and one outlot with a
variance for the use of a private street and a variance from the private street design standards on
property in Chanhassen described in Exhibit A.
WHEREAS, the property is guided for Residential Low Densit y use; and
WHEREAS, the property is zoned Single-Family Residential district, RSF; and
WHEREAS, the proposed subdivision complies with all requirements of the Chanhassen
City Code; and
WHEREAS, the proposed subdivision adequately provides for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by the city; and
WHEREAS, the proposed subdivision is consistent with the Chanhassen Comprehensive
Plan and Zoning ordinance.
NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby
approves a preliminary and final subdivision consisting of two lots and one outlot with a variance for
the use of a private street and a variance from the private street design standards subject to the
following conditions of approval:
Building
1. A building permit must be obtain prior to beginning work at the property.
Engineering
1. A cross access agreement shall between Lots 1 and 2, Block 1 shall be recorded concurrently
with the final plat.
2. The final plat shall be updated to include a 10-foot drainage and utility easement on the
northern portion of Lot 2, Block 1 as well as abutting the 68.38 foot long property line in the
northwestern corner of the lot.
3. All existing and proposed improvements located within public drainage and utility easements
will require encroachment agreements and shall be recorded concurrently with final plat.
4. Stormwater facilities shall be privately owned and maintained, and located outside of public
drainage and utility easements, and the final plat shall be adjusted accordingly.
5. The applicant and their Engineer shall work with City staff in amending the construction
plans to fully satisfy staff comments prior to the recording of the final plat.
6. If the sanitary service lateral is within 50 feet of the existing well, the well will be required to
be abandoned and the plans updated accordingly. All requirements set forth by the
Minnesota Department of Health regarding the abandonment of the well must be adhered to.
7. The developer will be required to pay the following fees prior to recording of final plat:
a) Surface Water Management fee: $21,650.00
b) A portion of the water hook-up charge: $2,476.00/unit, or $4,952.00 for the two units
c) A portion of the sanitary sewer hook-up charge: $691.00/unit, or $1,382.00 for the two
units.
d) Park dedication fee: $5,800.00/unit
e) GIS fees: $100 for the plat plus $30 per parcel, or a total of $160.00
Environmental Resources
1. Tree preservation fencing shall be installed around existing trees to be saved prior to
any construction activities and remain installed until completion.
2. Bufferyard plantings to the east of the proposed home site include one overstory tree,
two ornamental trees and four shrubs, unless sufficient existing vegetation remains.
Fire
1. Private road will need to follow City of Chanhassen Code for Private Roads – including a
turnaround for emergency vehicles.
Parks
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be
collected at the rate in force upon final plat submission and approval.
Planning
1. The front setback for Lot 1 shall be from the point at which the lot measures 100 feet.
2. An access and maintenance agreement for the private street shall be recorded with the plat.
Water Resources
1. The applicant shall provide to the City the approved Riley Purgatory Bluff Creek Watershed
District permit prior to issuance of building permits.
2. The applicant shall submit an updated geotechnical report with borings in the location of the
proposed infiltration basin to ensure infiltration is feasible at that basin location upon
resubmittal of construction plans.
3. The applicant shall provide a buffer along the southern edge of the infiltration basin to
minimize the amount of sediment entering and clogging the infiltration basin upon
resubmittal of construction plans.
4. The applicant shall provide evidence that Wetland 1 will remain a viable wetland with the
proposed plan that reduces hydrology to the wetland upon resubmittal of construction plans.
5. The applicant shall amend the plans to show double row of silt fence placed at the buffer
edge of Wetland 1 instead of at the wetland edge as currently shown.
6. The applicant shall provide a SWPPP if one was created. If there is not a SWPPP, the
applicant shall amend the grading notes on Sheet 6 as appropriate.
7. The applicant shall provide the following details for the stormwater infiltration basin upon
resubmittal of construction plans:
a. The infiltration basin shall be restored with a native seed mix or other appropriate
plantings per MPCA guidelines instead of sod as proposed.
b. A defined basin overflow shall be designed instead of letting water spill over the
entire northern berm.
8. The applicant shall provide the LFE/FFE for the proposed building upon resubmittal of
construction plans to show freeboard is being met.
9. The applicant shall provide an O&M plan and agreement for the infiltration basin and outline
the parties that will be responsible for O&M prior to issuance of building permit.
10. The applicant shall submit a wetland delineation report for Wetland 1. The plans will need to
be updated showing the approved wetland boundary and subsequent buffers based on the
delineation.
11. The applicant shall provide the SWMP fee of $21,650.00 to the City prior to the recording of
final plat.
Passed and adopted by the Chanhassen City Council this 9th day August of 2021.
ATTEST:
Laurie Hokkanen, City Manager Elise Ryan, Mayor
YES NO ABSENT
Exhibit A
LEGAL DESCRIPTION
Tract A:
That part of the south 732.28 feet of the north 762.28 feet of the Southwest Quarter of the Southwest
Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying east of
the west 271.79 feet thereof and westerly of the centerline of State Highway No. 101 EXCEPT that
part thereof described as follows:
That part of the north 180 feet of the east 16.00 feet of the west 287.79 feet of the Southwest Quarter
of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County,
Minnesota, lying south of the north 30.00 feet thereof.
Tract B:
That part of the west 271.79 feet on the north 762.28 feet of the Southwest Quarter of the Southwest
Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota and that part
of the North 30.00 feet of said Southwest Quarter of the Southwest Quarter, lying east of the west
271.79 feet thereof and westerly of the centerline of the State Highway No. 101 described as:
That part of the north 330.00 feet of the east 16.00 feet of the west 271.79 feet of the Southwest
Quarter of the Southwest Quarter Section 24, Township 116 North, Range 23 West, Carver County,
Minnesota, lying south of the north 180 feet thereof.
EXCEPTING from the above Tracts A and B the following:
That part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 116 North,
Range 23 West, shown as Parcel 71B on Minnesota Department of Transportation Right of Way Plat
Numbered 10-19 as the same is on file and of record in the office of the County Recorder in and for
Carver County, Minnesota.
And also excepting:
That part of the South 732.28 feet of the North 762.28 feet of the Southwest Quarter of the
Southwest Quarter of Section 24, Township 116 North, Range 23 West, Carver County, Minnesota,
lying westerly of the westerly right of way line of Trunk Highway No. 101, Minnesota Department
of Transportation Right of Way Plat no. 10-19, 10-46 and 10-47 according to the recorded plats
thereof, Carver County, Minnesota, and easterly of the following described line:
Commencing at the intersection of the South line of said North 762.28 feet and said westerly right of
way line; thence on an assumed bearing of North 89 degrees 53 minutes 00 seconds West for a
distance of 16.48 feet along said south line to the point of beginning of the line to be described;
thence northerly 360.89 feet along a non-tangential curve, concave to the east, central angle 23
degrees 12 minutes 25 seconds, radius 891.00 feet, chord bearing North 02 degrees 01 minutes 29
seconds West; thence North 09 degrees 34 minutes 44 seconds East 361.10 feet; thence North 10
degrees 37 minutes 41 seconds East 18.22 feet to the North line of the South 732.28 feet of the North
762.28 feet and said line there terminating.
And also excepting:
Parcel 271B on Minnesota Department of Transportation Right of Way Plat Numbered 10-47,
Carver County, Minnesota.
g:\plan\2021 planning cases\21-15 9197 eagle ridge road rez sub var\resolution preliminary & final plat with variances.docx
PLANNING COMMISSION STAFF
REPORT
Tuesday,July 20,2021
Subject Consider a Request to Rezone Property from Agricultural Estate District A2)to Single-Family
Residential District RSF)and Subdivision Approval of Two Lots and One Outlot with Variances
for a Private Street and Private Street Width at 9197 Eagle Ridge Road
Section PUBLIC HEARINGS Item No:B.2.
Prepared By Robert Generous,Senior Planner File No:Planning Case No.2021-15
PROPOSED MOTION:
The Chanhassen Planning Commission recommends that City Council approve the rezoning from Agricultural Estate
A2)to Single-Family Residential RSF)and a two-lot,one outlot subdivision with a variance for the use of a
private street and private street width subject to the conditions of the staff report
and adopt the Findings of Fact and Recommendation.
SUMMARY OF REQUEST
The applicant is requesting rezoning from Agricultural Estate A2)to Single-Family Residential RSF)and subdivision
approval of two lots and one outlot with variances for a private street and private street width.
APPLICANT
Schutrop Building Development Corp.,540 Lakota Lane,Chanhassen,MN 55318
SITE INFORMATION
PRESENT ZONING:Agricultural Estate District,A-2
LAND USE:Residential Low Density 1.2 4.0 units per net acre
ACREAGE:2.02 acres
DENSITY:1.25 units per net acre
APPLICATION REGULATIONS
Chapter 18,Subdivisions
Chapter 20,Article XII,RSF”Single-Family Residential District
BACKGROUND
PLANNING COMMISSIONSTAFFREPORTTuesday,July 20,2021SubjectConsider a Request to Rezone Property from Agricultural Estate District A2)to Single-FamilyResidentialDistrictRSF)and Subdivision Approval of Two Lots and One Outlot withVariancesforaPrivateStreetandPrivateStreetWidthat9197EagleRidgeRoadSectionPUBLICHEARINGSItemNo:B.2.Prepared By Robert Generous,Senior Planner File No:Planning Case No.2021-15PROPOSEDMOTION:The Chanhassen Planning Commission recommends that City Council approve the rezoning from Agricultural Estate(A2)to Single-Family Residential RSF)and a two-lot,one outlot subdivision with a variance for the use ofaprivatestreetandprivatestreetwidthsubjecttotheconditionsofthestaffreportandadopttheFindingsofFactandRecommendation.SUMMARYOFREQUESTTheapplicantisrequesting rezoning from Agricultural Estate A2)to Single-Family Residential RSF)andsubdivisionapprovaloftwolotsandoneoutlotwithvariancesforaprivatestreetandprivatestreetwidth.APPLICANTSchutrop Building Development Corp.,540 Lakota Lane,Chanhassen,MN55318SITEINFORMATIONPRESENTZONING:Agricultural Estate District,A-2LAND USE:Residential Low Density 1.2 4.0 units pernetacreACREAGE:2.02acresDENSITY:1.25 units per netacreAPPLICATIONREGULATIONSChapter18,SubdivisionsChapter 20,Article XII,RSF”Single-Family Residential
District
BACKGROUND The current private street serving the property was constructed with the Foxwood development in 2017.At that
time,direct access to Highway 101 was removed.The house on the lot was built in
1987.
RECOMMENDATION Staff recommends that the Planning Commission approve the rezoning and subdivision with a variance for the use of
a private street and variance from the private street design subject to the conditions of the staff report,and adopt
the Findings of Fact and
Recommendation.
ATTACHMENTS:Staff
Report Findings of Fact and
Recommendation Development Review
Application Development
Narrative Site Development Plans 8
pages)Final
Plat Affidavit of
Mailing Carver County Review
CITY OF CHANHASSEN
PC DATE: July 20, 2021
CC DATE: August 9, 2021
REVIEW DEADLINE: August 17, 2021
CASE #: 2021-15
BY: RG, EH, TH, DN, JS, MU
SUMMARY OF REQUEST: The applicant is requesting rezoning from Agricultural Estate
A2) to Single-Family Residential (RSF) and subdivision approval of two lots and one outlot
with variances for a private street and private street width.
LOCATION: 9197 Eagle Ridge Road
APPLICANT: Schutrop Building & Development Corp.
540 Lakota Lane
Chanhassen, MN 55318
Owner: Black Cherry Development
9611 Meadowlark Lane
Chanhassen, MN 55317
PRESENT ZONING: Single-Family Residential District, RSF
2020 LAND USE PLAN: Residential Low Density (net density 1.2 – 4 units per acre)
ACREAGE: 2.02 acres DENSITY: 1.25 units per acre (net)
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 and 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 in conjunction with a subdivision 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.
PROPOSED MOTION:
The Chanhassen Planning Commission recommends that City Council approve the rezoning
from Agricultural Estate District (A2) to Single-Family Residential District (RSF) and a two-lot,
one outlot subdivision with a variance for the use of a private street and private street width
subject to the conditions of the staff report, and adopt the Findings of Fact and Recommendation.”
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 2
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting rezoning from Agricultural Estate District (A2) to Single-Family
Residential District (RSF) and subdivision approval to create two lots and one outlot with a
variance for the private street and a variance for the private street design.
SITE CONSTRAINTS
Wetland Protection
There are two wetlands located on the property. The applicant is avoiding wetland impacts to
the northerly wetland through the use of a variance from the private street design standards. The
southerly wetland is being dedicated to the City for permanent open space.
Bluff Protection
There are no bluffs on the property. While there are some steep slopes in the south-central
portion of the property, they do not meet the definition of a bluff.
Shoreland Management
The property is not located within the Shoreland Overlay District for Lake Riley.
Floodplain Overlay
This property is not within a federally designated floodplain
APPLICABLE REGULATIONS
Chapter 18, Subdivisions
Chapter 20, Article XII, “RSF” Single-Family Residential District
BACKGROUND
The current private street serving the property was constructed with the Foxwood development
in 2017. The house on the lot was built in 1987.
REZONING
The applicant is requesting a rezoning from Agricultural Estate District, A2, to Single-Family
Residential District, RSF. The existing zoning of the property, Agricultural Estate District, is not
consistent with the land use designation of the property, Residential Low Density. The
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 3
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 are consistent with a Residential Low Density land use:
RSF (Residential Single Family), R4 (Mixed Low Density), RLM (Residential Low and Medium
Density), or PUD-R (Planned Unit Development Residential).
The proposed rezoning to Single-Family Residential District (RSF) is consistent with the
Comprehensive Plan land use designation. The RSF district is the most appropriate zoning
district to rezone this property since it is the primary zoning for single-family residential
properties, is a standard zoning district and permits only single-family homes. While the R4
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 are 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, but the ordinance requires that the use of the PUD zoning also allows
for a greater variety of uses, internal transfers of density, construction phasing and a potential for
lower development costs. In exchange for this enhanced flexibility, the City has the expectation
that the development plan will result in a significantly higher quality and more sensitive proposal
than would have been the case with the use of other, more standard zoning districts.
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.
Staff is recommending the rezoning to RSF be approved.
SUBDIVISION
Existing Conditions Survey
The developer provided an existing conditions survey of the entire 4.1 acre property which is in
general conformance with the requirements of Sec. 18-40. A single-family residence and
driveway, which connects to a private road, exists within the proposed development and is
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 4
proposed to remain (Lot 1, Block 1). The only easement existing on the property is a public trail
easement, per Doc. No. A644378, which is to remain with the platting of the proposed
subdivision. There are two wetlands within the proposed subdivision. “Wetland 1” is located to
the north and will be entirely located on Lot 2, Block 1 and encompassed entirely by a public
drainage and utility easement. “Wetland 2” is located to the south of the subdivision and will be
located within Outlot A.
Streets
The proposed subdivision has access to public right-of-way via Eagle Ridge Road to the north
through a private street which was constructed during the Foxwood development. The private
street was built in accordance with City Ordinance to a 7-ton design. The developer is proposing
a variance from the private street design requirements and is requesting the use of a shared
driveway to gain access to the private street for both Lots 1 and 2 in order to avoid disturbing
two existing retaining walls and to preserve large existing trees. It is proposed that Lots 1 and 2
would share the existing driveway from the private street, through the retaining wall location,
and then split into individual driveways. As, ultimately, this will reduce the amount of hard
surface and provide less disturbance to the surrounding green space and trees, staff is
recommending approval of the request. However, as the access for both lots will have a portion
that is shared between the two, a Cross Access Agreement will be required and recorded
concurrently with the final plat. Additionally, it is recommended that any ownership and
maintenance agreements for the private street be updated as a new lot of record will benefit from
its use. Lastly, any turnaround requirements required by the Fire Department shall be adhered to
and any required change to the plans updated upon re-submittal.
Drainage and Utility Easements
The preliminary and final plat provided illustrate mostly typical public drainage and utility
easements (DUE) along the proposed subdivision’s lot lines with five-foot DUE along the side
and rear lot lines and 10-foot DUE along Lot 2, Block 1’s property lines abutting TH 101 right-
of-way. As the property does not directly abut City public right-of-way, no other 10-foot DUE
were proposed. Staff recommends that a 10-foot DUE along the northern portion of Lot 2, Block
1, and 68.38 feet along the northwestern edge of Lot 2, be required in order to accommodate
possible future drainage and utility needs in these areas. Prior to the parcel being subdivided, no
DUE were recorded on the property. As such, no encroachment agreements were necessary for
any improvements constructed. As the subdivision will create DUE, all existing and proposed
improvements located within DUE will require an encroachment agreement, including portions
of the private driveways, and must be recorded concurrently with the final plat. A DUE shall
also be recorded over all of Outlot A. Lastly, as the proposed stormwater infiltration basin will
be privately owned and maintained, it must not be encumbered by DUE and the final plat must
be adjusted accordingly.
Grading and Drainage
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 5
The site’s highpoint is centrally located which creates a break in drainage areas for the site; one
to the north and one to the south. The northern portion of the site, which accommodates a
majority of the site improvements associated with Lot 2, Block 1 is proposed to drain to an
infiltration basin prior to discharging into the existing wetland, while the southern portion drains
to a wooded slope and a larger wetland. The developer is not proposing mass grading, only
grading required to prepare the grade for a driveway extension, a new home pad, and excavating
a stormwater infiltration basin. The provided grading plan appears feasible and will route
drainage away from the building pads. Drainage arrows provided on the plans further illustrate
these drainage patterns.
Erosion Prevention and Sediment Control
As proposed, it appears the development will not exceed one (1) acre of land disturbance and
will, therefore, not 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). As such, an Erosion and Sediment Control Plan
ESCP) in accordance with Ordinances is required for the grading operations of the subdivision
as more than 5,000 square feet of land is being disturbed. The applicant has provided an ESCP
which appears feasible and in accordance with Sec. 19-145. All erosion control securities will be
captured at the time of building permit issuance, which will include the installation of the private
infiltration basin.
Sanitary Sewer and Water Main
The subdivision was provided access to public utilities that were extended as part of the
Foxwood development through Outlot B during the construction of the private street. These
extended public utilities include a six-inch C900 PVC water main and an eight-inch PVC sewer
main, which are adequate to serve the proposed subdivision. Additionally, water and sanitary
services were stubbed to serve the existing home, along with the property to the west which is
not associated with the proposed subdivision. As such, the proposed subdivision will not be
required to extend public utilities.
The developer provided utility plans that illustrate how the existing and proposed private service
laterals will be extended to each lot. Generally these plans are in conformance with City
Specifications and Detail Plates (City Standards), however minor amendments will be required.
These amendments consist of providing plans that utilize the correct materials for the publicly
maintained portion of the service laterals per City Standards, the proper placement of the curb
stop at the property lines, and verification of service lateral elevations. These corrections will be
required to be made prior to the recording of final plat in order to ensure that if the lots are sold
to a builder other than the developer, the plans associated with the lot build-outs are complete
and accurate at the time of building permit submittal. The developer and their engineer shall
work with City staff in amending the construction plans to fully satisfy these concerns.
The utility plans illustrate the location of the existing well which currently services the existing
home. As shown on the utility plans, the new sanitary service lateral will be within 50 feet of the
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 6
existing well, and as such it will be required that the existing well be abandoned and the plans
updated accordingly. All requirements set forth by the Minnesota Department of Health
regarding the abandonment of the well must be adhered to.
Lastly, as no public improvements are associated with the subdivision, a Development Contract
is not required to be entered into by the developer with the City. Thus, any inspection
requirements for tapping into public utilities will be determined with the building permit
submittal. Also, the developer will be required to pay 30% of the water and sewer hook-up fees
associated with the subdivision prior to the recording of the final plat, with the remainder to be
paid at the rates in effect at the time of building and plumbing permit issuance. For 2021 rates,
the required fee at the time of final plat is estimated to be $6,334.00 for both lots, and $14,776.00
due at the time of building and plumbing permit issuance for both lots. All other securities and
fees associated with Lot 2, Block 1’s construction will be captured at the time of building permit
issuance (e.g. erosion control escrows).
Stormwater Management
Article VII, Chapter 19 of City Code describes the required stormwater 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 water quality
treatment resulting in the removal of 90% total suspended solids (TSS) and 60% total
phosphorous (TP). The applicant will need to work with Riley Purgatory Bluff Creek Watershed
District (RPBCWD) and the City in order to meet all the requirements.
General
1. As noted by the applicant, the site triggers RPBCWD rules. Applicant should provide the
RPBCWD permit when obtained.
2. The applicant should submit an updated geotechnical report with borings in the location
of the proposed infiltration basin to ensure infiltration is feasible at that proposed
infiltration basin location.
Rate Control
1. Rate control is currently met in the 2-year, 10-year, 100-year, and 10-day 100-year
snowmelt events.
Volume Control
1. Volume control is being met with the proposed infiltration basin. If building footprint
changes, updated infiltration basin sizing shall be provided.
Water Quality
1. Since abstraction of 1.1” of runoff over the regulated impervious area is achieved, no
additional water quality measures are required.
2. It is recommended to provide a buffer along the southern edge of the infiltration basin to
minimize the amount of sediment entering and clogging the infiltration basin.
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 7
Wetland 1
1. The applicant states in the SWMP that peak flow rates to Wetland 1, a City-designated
Manage 1” wetland, are reduced in the proposed condition from existing. Staff notes
that the tributary area in the existing condition is 1.139 acres, and in the proposed
condition is reduced to 0.815 acres (1/3 acre reduction). The applicant should
demonstrate that Wetland 1 will remain a viable wetland with the proposed plan that
reduces hydrology to the wetland. A rate summary is included in the report but a volume
summary would be more useful for comparisons.
2. Staff recommends that the double row of silt fence be placed at the buffer edge of
Wetland 1 instead of at the wetland edge as currently shown.
Civil Plans
1. In the grading notes on Sheet 6 of 8, the contractor is directed to a project SWPPP for all
erosion and sediment control locations. If there is a SWPPP, submit for review. If there
is not, amend the notes as appropriate.
2. Provide details for the stormwater infiltration basin.
a. It is recommended that the infiltration basin is restored with a native seed mix or
other appropriate plantings per MPCA guidelines instead of sod as proposed.
b. It is recommended that a defined basin overflow be designed instead of letting
water spill over the entire northern berm.
3. Provide the LFE/FFE for the proposed building to show freeboard is being met.
4. Provide an O&M plan and agreement for the infiltration basin and outline the parties that
will be responsible for O&M.
Wetlands and Buffers
Two wetlands exist on the property. The northern wetland, Wetland 1, has an approved MnRAM
evaluation and is classified in the City’s Wetland Classification Map as Manage 1. This will
require a 25-foot permanent native wetland buffer, a 30-foot principal structure setback, and a
15-foot accessory structure setback. The applicant is showing the use of buffer averaging for
Wetland 1 in order to achieve the overall required buffer area. This buffer averaging is sufficient
for City staff but the use of buffer averaging will need to be approved by RPBCWD. Wetland 1
does not have an approved delineation, however the applicant has done a preliminary boundary
review and has communicated with City staff that a wetland delineation will be submitted at a
later date. City staff, as LGU for the Wetland Conservation Act, has reviewed the preliminary
boundary in the field and has determined that it is sufficient to use for planning purposes at this
time but the complete delineation will need to be submitted and approved. The plan will then
need to be updated to show the approved wetland boundary and associated buffers.
The southern wetland, Wetland 2, was delineated in 2020 as part of a separate project, and is
proposed to be placed in an outlet, Outlot A. The applicant is proposing the use of wetland buffer
averaging for this wetland. The buffer averaging is sufficient for City staff but, as with Wetland
1, will need to be approved by the RPBCWD. The applicant’s proposed use of wetland buffer
monuments is sufficient.
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 8
Stormwater Utility Connection Charges
Section 4-30 of City 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 the more intense the development type, the greater
the degradation of surface water.
This fee will be applied to the new lots of record being created. The fees will be assessed at the
rate in effect at that time; 2021 rates are $8,660.00 per acre. This property is given a $13,856
credit for Outlot A. As such, the net SWMP fee due at the time of final plat is $21,650.00.
Assessments
Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be
assessed at the rate in effect at that time; 2021 rates for partial hookup fees are $691.00 per unit
for sanitary sewer and $2,476.00 per unit for water. The remaining partial hookups fees are due
with the building permit.
Fees
Based on the proposal, the following fees would be collected prior to recording of the final plat:
a) Surface Water Management fee: $21,650.00
b) A portion of the water hook-up charge: $2,476.00/unit, or $4,952.00 for the two units
c) A portion of the sanitary sewer hook-up charge: $691.00/unit, or $1,382.00 for the two
units
d) Park Dedication fee: $5,800.00/unit
e) GIS fees: $100 for the plat plus $30 per parcel, or a total of $160.00
Landscaping and Tree Preservation
The applicant for the Eagle Bluff development submitted tree canopy coverage and preservation
calculations.
Total upland area (excludes wetlands, bluff) 178,628 sq. ft.
Baseline canopy coverage 39% or 69,621 sq. ft.
Minimum canopy coverage required 30% or 53,588 sq. ft.
Proposed tree preservation 36% or 65,124
The developer meets minimum canopy coverage for tree preservation on the site.
The neighboring properties are the same land use and no additional bufferyard landscaping is
required except for buffer plantings required along Highway 101. For the area cleared along the
right-of-way adjacent to the home, the following landscaping is required: 1 canopy tree, 2
understory trees and 4 shrubs.
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 9
Parks and Recreation
Parks
This property is located within the neighborhood park service area for the community park
service area for Bandimere Park and has access to the Fox Preserve.
Trails
The subject site does not have direct access to a trail; however, convenient access to the
Highway 101 trails and neighborhood sidewalks is available via local streets.
Park and Trail Conditions of Approval
Outlot A may be donated or dedicated to the City of Chanhassen to be part of a future trail
segment servicing future neighborhoods and Chanhassen residents. If Outlot A is not donated or
dedicated, the developer shall dedicate to the City of Chanhassen a permanent trail easement that
will be used for future trail segment improvements. Full park fees in lieu of additional parkland
dedication and/or trail construction shall be collected as a condition of approval for Eagle Bluff
Addition for the one new housing units only. The park fees will be collected in full at the rate in
force upon final plat submission and approval. Based upon the City’s 2021 single-family park
fee of $5,800 per unit, the total park fees for Eagle Bluff Addition would be $5,800. .
Miscellaneous
The private road will need to follow City of Chanhassen Code for Private Roads – including a
turnaround for emergency vehicles. The road is over 150 feet in length.
A building permit must be obtain prior to beginning work at the property.
Compliance Table
Area (sq.
ft.)
Width (ft.) Depth
ft.)
Hard Cover
sq. ft.
Notes
Code 15,000 100 @ 125 25 / 3,750 @properties served via
private streets require 100
feet of width
Lot 1 30,778 100 # 260 25/7,694 # front setback from point
lot meets 100 feet.
Lot 2 78,137 278 333 25/19,534 Corner lot
Outlot A 69,713
Total 178,628 4.1 acres
Setbacks
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 10
30 Feet Front and Rear; 10 Feet Side
Wetland Setback: 25-foot buffer, 30-foot buffer setback
VARIANCE
The applicant is requesting the following variances as part of the subdivision:
1. Use of a private street; and
2. Private street width
The hardship is not a mere inconvenience by providing reasonable access to two properties while
reducing potential impacts to the natural features (wetland) on the site and from existing private
street;
The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land including trees; a public street is not necessary to provide access to
adjacent properties within the development and the existing right-of-way and surrounding
development preclude additional public right-of-way;
The condition or conditions upon which the request is based are unique and not generally
applicable to other property because of the previously stated conditions of the property;
The granting of a variance will not be substantially detrimental to the public welfare and is in
accord with the purpose and intent of subdivision regulations, the zoning ordinance and
Comprehensive Plan since it will reduce potentially significant impacts on the site and within the
neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission approve the rezoning and subdivision with a
variance for the use of a private street and variance from the private street design subject to the
following conditions, and adopt the Findings of Fact and Recommendation:
Building
1. A building permit must be obtain prior to beginning work at the property.
Engineering
1. A cross access agreement shall between Lots 1 and 2, Block 1 shall be recorded
concurrently with the final plat.
2. The final plat shall be updated to include a 10-foot drainage and utility easement on the
northern portion of Lot 2, Block 1 as well as abutting the 68.38 foot long property line in
the northwestern corner of the lot.
3. All existing and proposed improvements located within public drainage and utility
easements will require encroachment agreements and shall be recorded concurrently with
final plat.
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 11
4. Stormwater facilities shall be privately owned and maintained, and located outside of
public drainage and utility easements, and the final plat shall be adjusted accordingly.
5. The applicant and their Engineer shall work with City staff in amending the construction
plans to fully satisfy staff comments prior to the recording of the final plat.
6. If the sanitary service lateral is within 50 feet of the existing well, the well will be
required to be abandoned and the plans updated accordingly. All requirements set forth
by the Minnesota Department of Health regarding the abandonment of the well must be
adhered to.
7. The developer will be required to pay the following fees prior to recording of final plat:
a) Surface Water Management fee: $21,650.00
b) A portion of the water hook-up charge: $2,476.00/unit, or $4,952.00 for the two units
c) A portion of the sanitary sewer hook-up charge: $691.00/unit, or $1,382.00 for the
two units
d) Park dedication fee: $5,800.00/unit
e) GIS fees: $100 for the plat plus $30 per parcel, or a total of $160.00
Environmental Resources
1. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
2. Bufferyard plantings to the east of the proposed home site include one overstory tree, two
ornamental trees and four shrubs, unless sufficient existing vegetation remains.
Fire
1. Private road will need to follow City of Chanhassen Code for Private Roads – including a
turnaround for emergency vehicles.
Parks
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be
collected at the rate in force upon final plat submission and approval.
Planning
1. The front setback for Lot 1 shall be from the point at which the lot measures 100 feet.
2. An access and maintenance agreement for the private street shall be recorded with the
plat.
Water Resources
1. The applicant shall provide to the City the approved Riley Purgatory Bluff Creek
Watershed District permit prior to issuance of building permits.
2. The applicant shall submit an updated geotechnical report with borings in the location of
the proposed infiltration basin to ensure infiltration is feasible at that basin location upon
resubmittal of construction plans.
3. The applicant shall provide a buffer along the southern edge of the infiltration basin to
minimize the amount of sediment entering and clogging the infiltration basin upon
resubmittal of construction plans.
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 12
4. The applicant shall provide evidence that Wetland 1 will remain a viable wetland with the
proposed plan that reduces hydrology to the wetland upon resubmittal of construction
plans.
5. The applicant shall amend the plans to show double row of silt fence placed at the buffer
edge of Wetland 1 instead of at the wetland edge as currently shown.
6. The applicant shall provide a SWPPP if one was created. If there is not a SWPPP, the
applicant shall amend the grading notes on Sheet 6 as appropriate.
7. The applicant shall provide the following details for the stormwater infiltration basin
upon resubmittal of construction plans:
a. The infiltration basin shall be restored with a native seed mix or other appropriate
plantings per MPCA guidelines instead of sod as proposed.
b. A defined basin overflow shall be designed instead of letting water spill over the
entire northern berm.
8. The applicant shall provide the LFE/FFE for the proposed building upon resubmittal of
construction plans to show freeboard is being met.
9. The applicant shall provide an O&M plan and agreement for the infiltration basin and
outline the parties that will be responsible for O&M prior to issuance of building permit.
10. The applicant shall submit a wetland delineation report for Wetland 1. The plans will
need to be updated showing the approved wetland boundary and subsequent buffers
based on the delineation.
11. The applicant shall provide the SWMP fee of $21,650.00 to the City prior to the
recording of final plat.
ATTACHMENTS
Findings of Fact and Recommendation
Development Review Application
Development Narrative
Site Development Plans (8 pages)
Final Plat
Public Hearing Notice and Mailing List
g:\plan\2021 planning cases\21-15 9197 eagle ridge road rez sub var\staff report eagle bluff.docx
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Schutrop Building & Development Corp. and Black Cherry Development –
Planning Case No. 2021-15, Eagle Bluff Addition.
Request for rezoning from Agricultural Estate (A-2) to Single-Family Residential (RSF)
and subdivision approval creating two lots and one outlot with a Variance for the use of a private
street and from the private street width requirement located at 9197 Eagle Ridge Road.
On July 20, 2021, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Schutrop Building & Development Corp. and Black Cherry
Development for a single-family residential development. The Planning Commission conducted
a public hearing on the proposed development preceded by published and mailed notice. The
Planning Commission heard testimony from all interested persons wishing to speak and now
makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate District (A-2).
2. The property is guided in the Land Use Plan for Residential – Low Density uses.
3. The legal description of the property is shown on the attached Exhibit A.
4. . REZONING FINDINGS
The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse
affects of the proposed amendment. The six (6) affects and our findings regarding them are:
a. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City Comprehensive
Plan.
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.
2
f. Traffic generation by the proposed use is within capabilities of streets serving the
property.
5. SUBDIVISION FINDINGS
a. The proposed subdivision is consistent with the zoning ordinance and meets all the
requirements of the “RSF” Single-Family Residential District.
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's 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 stormwater
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 significant environmental damage subject to
compliance with conditions of approval;
f. The proposed subdivision will not conflict with easements of record, but rather will expand
and provide all necessary easements.
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1.) Lack of adequate stormwater 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. VARIANCE FINDINGS WITH A SUBDIVISION.
a. The hardship is not a mere inconvenience by providing reasonable access to two properties
while reducing potential impacts to trees and the wetland on the site;
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land including wetlands and retaining walls;
c. The condition or conditions upon which the request is based are unique and not generally
applicable to other property because of the previously stated conditions of the property;
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 this chapter, the zoning ordinance and
comprehensive plan since it will reduce potentially significant impacts on the site.
7. The planning report #2021-15 dated July 20, 2021, prepared by Robert Generous, et al, is
incorporated herein.
3
RECOMMENDATION
The Planning Commission recommends that the City Council approve the proposed
rezoning from Agricultural Estate (A-2) to Single-Family Residential (RSF) and subdivision
approval creating two lots and one outlot with a Variance for the use of a private street and from
the private street width for a single-family detached subdivision.
ADOPTED by the Chanhassen Planning Commission this 20th day of July, 2021.
CHANHASSEN PLANNING COMMISSION
BY:___________________________________
Steven Weick, Chairman
4
Exhibit A
LEGAL DESCRIPTION
Tract A:
That part of the south 732.28 feet of the north 762.28 feet of the Southwest Quarter of the
Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota,
lying east of the west 271.79 feet thereof and westerly of the centerline of State Highway No. 101
EXCEPT that part thereof described as follows:
That part of the north 180 feet of the east 16.00 feet of the west 287.79 feet of the Southwest
Quarter of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County,
Minnesota, lying south of the north 30.00 feet thereof.
Tract B:
That part of the west 271.79 feet on the north 762.28 feet of the Southwest Quarter of the Southwest
Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota and that part
of the North 30.00 feet of said Southwest Quarter of the Southwest Quarter, lying east of the west
271.79 feet thereof and westerly of the centerline of the State Highway No. 101 described as:
That part of the north 330.00 feet of the east 16.00 feet of the west 271.79 feet of the Southwest
Quarter of the Southwest Quarter Section 24, Township 116 North, Range 23 West, Carver County,
Minnesota, lying south of the north 180 feet thereof.
EXCEPTING from the above Tracts A and B the following:
That part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 116 North,
Range 23 West, shown as Parcel 71B on Minnesota Department of Transportation Right of Way
Plat Numbered 10-19 as the same is on file and of record in the office of the County Recorder in
and for Carver County, Minnesota.
And also excepting:
That part of the South 732.28 feet of the North 762.28 feet of the Southwest Quarter of the
Southwest Quarter of Section 24, Township 116 North, Range 23 West, Carver County, Minnesota,
lying westerly of the westerly right of way line of Trunk Highway No. 101, Minnesota Department
of Transportation Right of Way Plat no. 10-19, 10-46 and 10-47 according to the recorded plats
thereof, Carver County, Minnesota, and easterly of the following described line:
Commencing at the intersection of the South line of said North 762.28 feet and said westerly right
of way line; thence on an assumed bearing of North 89 degrees 53 minutes 00 seconds West for a
distance of 16.48 feet along said south line to the point of beginning of the line to be described;
thence northerly 360.89 feet along a non-tangential curve, concave to the east, central angle 23
degrees 12 minutes 25 seconds, radius 891.00 feet, chord bearing North 02 degrees 01 minutes 29
seconds West; thence North 09 degrees 34 minutes 44 seconds East 361.10 feet; thence North 10
5
degrees 37 minutes 41 seconds East 18.22 feet to the North line of the South 732.28 feet of the
North 762.28 feet and said line there terminating.
And also excepting:
Parcel 271B on Minnesota Department of Transportation Right of Way Plat Numbered 10-47,
Carver County, Minnesota.
COMMUNfi .DEVELOPi'EI{T DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-110O I Fax: (952\ 227-'1110
APPLICATION FOR DEVELOPMENT REVIEW
sub(nirarDate:Ll r:i | )r 1l>>l>r CCDatePCOate:
CITY OI CIIANIIASSII'I
60-Day neuewoate:?ltr [>r
Section l: Application Type (check all that apply)
Refet to tll€ awtwtbte Appli@li<n Cl1€cklis, fot Bquied sui/niltal intofiption that must eiopny (nis aNicztio,l)
fl Comprehensive Plan Amendmen1......................... $600f] Minor MUSA line lor failing on-sile sewers ..... $10O
fl Condilional Use Permit (CUP)
Single-Family Residence .
I nttotners....... ..................... $425
n lnterim Use Permit (lUP)
ln conjunction with Single-Family Residence.. $325EAttothers ..... $425
300nCreateover3 |ots.......................$600 + $'15 per lol(_
lots)
325 E Metes & Bounds (2 lots)
El Subdivision (SUB)t E(create 3 lots or tess
n Consolidate Lots
lncludes $450 escrow for attomey costs)'
AddiliqEl escrow may be required for orh€r applications
150 E wettand Aleration Permit (WAP)
Residence........E Single-Family
E Att Orhers......
300
150
150
700
X Rezoning (REZ)
E Planned Unit Development (PUD)
Minor Amen
F ltt ottrers....
E Site Ptan Review (SPR)
Administrative..........
ttro.rgh the &tBlopanent cqlrd-
750 E Vacation of EasementyRighGof-way (VAC)........ $300
100 lAddilixEl recording tees may apply) L
soo /variance (vnn t ..................?- n.t &..* a. sr*
dment to existing PUD...
100
n zoning Ordinance Amendmenl (ZOA)
s150
275
100
s500
200
3 per address
50 per document
E Commerciaulndustrial Districts'. $soo
Plus $'10 per 1 ,000 square teet of building area ! Zoning Appeal
lhousand square feet)
lndude numbe, ol g!&!29 e.nployees:
lnclude numbe. of 4gg employees:
n Residential Districis......................................... $500
Plus $5 per dwelling unit ( units)
Fx Notitication Sign (city to ir6tall ard remove) ...
Property Owners' List wilhin 500' lcity to generate atter preapplicalion meeting)
qIE: When multiple applications a,e processod concu.ronlly,
tho appropriate req shall bo charged tor each application.
n Escrow lor Recording Documents (chect alllhat
Conditional Use Permit E Site Plan Agreement
n Wetland Atteration Permit
BrT.ll., s tBzC
appl
tr
v)........ .
lnterim Use Permit
vacation E Variance
n Metes & Bounds Subdivision (3 docs.) E Easements (- easements)
Section 2: Required lnformation
Description ol Proposal
Property Address or Location:
earcet*:L*L46fi1 /Legal Descriplion 3 'CAlLc.r v4{-
q1
Total Acreage
Present Zoning:61r..,1 {*,t 9
Wetlands Present?
F"l'^t (",R.'FLr5+
Presenl Land Use Designation:E, L-.-^- Or*, ,1-Requested Land Use Designation:
Q-qr-(--r.rExistingUseolProperty:t r;d. A*j(
ftnecf oox if separate narrati ;;;#n* r-
lqgl
Yes E No
Zoning:
APPLICANT OTHER THAlil PROPERTY OWNER: ln signing this application, l, as applicant, represenl to have obtained
authorization lrom 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. ll this application has not been signed by
the property owner, I have attached separate documentation of ,ull legal capacity to lile the application. This application
should be proccssed in my name and I am the party whom the City should contact regarding any matler pertaining to this
application. I will keep m)/sell intormed ot lhe deadlines for submission o, material and the progress ol this application. I
urther understand that additional fees may be charged for consulting tees, teasibility studies, etc. with an estimate prior to
any authorization lo proceed with the study. I certify that the information and exhibits submitted are true and correct.
Name .l Contact:So."L*l
Address:SVcr l,Wn Lz-r-rf Phone 6rz fYn z<1
City/State/Zip L:+- r-t-^, 553r Cell:
Fax:
Date
Email J+r L$o .r^-+. I
Signature:(=.
L
PROPERTY OWNER: ln signing this application, l, as property owner, have lull legal capacity to, and hereby do,
authorize the liling o, this application. I understand thal conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to obiect at the hearings or during th€ appeal periods. I will keep myselt informed ol
the deadlines for submission of material and the progress ol this application. llurther understand that additionalfees may
be charged for consulting fees, teasibilily studies, etc. wilh an estimate prior to any authorization to proceed with the
study. I certify that the intormation and exhibits submitted are true and correcl.
Name 1l,*r Ch.Contact:
Phone:
Dl
Address Qt- t, M oru \qn( L*)
City/Starezip
Email:
CI^^!<s;-F"(rr SS3r-7
darrlr,a*a. O
Signature Date:a
PROJECT ENGINEER (if applicable)
sJ^Name:[1,4*f .,J tJ<iY Contact:
Phone:
jLtlE-
Address:a_(L-D
City/Statezip tA-A^,b1-Cell
Fax,r ll -l,r'JC_-Email:
Who should receive copies of statf reports?
Property Owner Via: EEmailApplicantVia: EJEmail
tttaited Paper Copy
E Mailed Paper Copy
E Mail€d Paper Copy
E Mailed Paper Copy
Engineer
orher
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORI, and deliver to city along with reguired documents and payment. SUBT IT FORII to send a digital
copy to the city for processing.
Section 3: Property Owner and Applicant lnformation
This application must be completed in tull and must be accompanied by all anformation and plans required by
applicable City Ordinance provisions. Belore filing this applic€tion, refer to the appropriate Application Checklisl
and confer with the Planning Department to determine the speciric ordinance and applicable procedural
requirements and fees.
A determination ol completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed lo the applicant within l5 business days of application.
Via:
Via:Ettr Email
Email
Cell:
Fax:
v-<
Section 4: Notification lnformation
Other Contact lnformetion:
No-o'
Address: _
City/Statezip: _
E-o;1.
Preliminary Subdivision and Final Plat Submittal June 18, 2021
Eagle Bluff – Chanhassen, MN Page 1 of 5
EAGLE BLUFF”
REZONING, PRELIMINARY SUBDIVISION AND FINAL PLAT
REQUEST SUBMITTAL NARRATIVE
CHANHASSEN, MINNESOTA
June 18, 2021
SITE INFORMATION
Legal Description:
Tract A:
That part of the south 732.28 feet of the north 762.28 feet of the Southwest Quarter of the Southwest Quarter,
Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying east of the west 271.79
feet thereof and westerly of the centerline of State Highway No. 101 EXCEPT that part thereof described as
follows:
That part of the north 180 feet of the east 16.00 feet of the west 287.79 feet of the Southwest Quarter of the
Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying south
of the north 30.00 feet thereof.
Tract B:
That part of the west 271.79 feet on the north 762.28 feet of the Southwest Quarter of the Southwest Quarter,
Section 24, Township 116 North, Range 23 West, Carver County, Minnesota and that part of the North 30.00
feet of said Southwest Quarter of the Southwest Quarter, lying east of the west 271.79 feet thereof and
westerly of the centerline of the State Highway No. 101 described as:
That part of the north 330.00 feet of the east 16.00 feet of the west 271.79 feet of the Southwest Quarter of
the Southwest Quarter Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying
south of the north 180 feet thereof.
EXCEPTING from the above Tracts A and B the following:
That part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 116 North, Range 23
West, shown as Parcel 71B on Minnesota Department of Transportation Right of Way Plat Numbered 10-19
as the same is on file and of record in the office of the County Recorder in and for Carver County,
Minnesota.
And also excepting:
That part of the South 732.28 feet of the North 762.28 feet of the Southwest Quarter of the Southwest
Quarter of Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying westerly of
the westerly right of way line of Trunk Highway No. 101, Minnesota Department of Transportation Right of
Way Plat no. 10-19, 10-46 and 10-47 according to the recorded plats thereof, Carver County, Minnesota, and
easterly of the following described line:
Preliminary Subdivision and Final Plat Submittal June 18, 2021
Eagle Bluff – Chanhassen, MN Page 2 of 5
Commencing at the intersection of the South line of said North 762.28 feet and said westerly right of way
line; thence on an assumed bearing of North 89 degrees 53 minutes 00 seconds West for a distance of 16.48
feet along said south line to the point of beginning of the line to be described; thence northerly 360.89 feet
along a non-tangential curve, concave to the east, central angle 23 degrees 12 minutes 25 seconds, radius
891.00 feet, chord bearing North 02 degrees 01 minutes 29 seconds West; thence North 09 degrees 34
minutes 44 seconds East 361.10 feet; thence North 10 degrees 37 minutes 41 seconds East 18.22 feet to the
North line of the South 732.28 feet of the North 762.28 feet and said line there terminating.
And also excepting:
Parcel 271B on Minnesota Department of Transportation Right of Way Plat Numbered 10-47, Carver
County, Minnesota.
Address: 9197 Eagle Ridge Road, Chanhassen, MN.
PID & Acreage: 250240811, 4.10 acres
PRELIMINARY SUBDIVISION AND FINAL PLAT REQUEST
The proposed plan consists of a low-density single family residential subdivision that splits an existing parcel
into 2 single family residential lots. The existing home would remain on 1 parcel and a new home would be
constructed on the new lot.
EXISTING SITE DESCRIPTION
The development site is 4.10 acres and is bound by CSAH 101/Great Plains Blvd to the east, the ‘Foxwood’
subdivision to the north and west and land guided for low density residential to the south. The property
currently includes one single family residence and driveway which connects to a private road that extends
from Eagle Ridge Road to the north.
There are 2 wetlands within the site boundary and the topography has a highpoint roughly midpoint of the
property near the existing home with drainage breaking to the north or south. The north half of the property
contains the yard of the previous homeowner including maintained lawn, vegetable and flower gardens and
several yard trees. The south half of the site contains a wooded slope and a portion of a larger wetland which
continues offsite to the south.
Comprehensive Plan Designation
The application area has a current and future Comprehensive Plan Land Use designation of Residential Low
Density. The adjacent land uses are also Residential Low Density. The Residential Low Density land use
guides for single family housing density of 1.2 – 4.0 units per acre. The proposed development plan has a
net density of 1.2 units per net acre and is consistent with the 2040 Comprehensive Guide Plan land use for
the property.
Zoning Classification
The property has a current zoning classification of A2 – Agricultural Estate District, which is not consistent
with the City’s guide plan density for the property. The proposed subdivision does require a rezone of the
property to RSF – Single Family Residential District which will provide a zoning district that is consistent
with the 2040 land use plan. The proposed rezoning will be consistent with surrounding uses which includes
RLM – Residential Low and Medium Density District to the north and west and A2 -Agricultural Estate
Preliminary Subdivision and Final Plat Submittal June 18, 2021
Eagle Bluff – Chanhassen, MN Page 3 of 5
District to the south. The existing parcel does have the necessary size and dimension to allow for platting of
a 2-lot subdivision compliant with RSF zoning regulations.
PROPOSED RESIDENTIAL SUBDIVISION PLAN
The applicant’s intent is to create a 2-lot single family residential development that is consistent with the
existing single family lots in the vicinity of the property and is considerate of market demands.
The Developer is proposing to keep the existing home on one lot and build a new home on the second lot.
The existing lot only has right of way frontage to CSAH 101/Great Plains Blvd. but does not have access
rights to connect to that roadway. The parcel does have access to a private road connection to Eagle Ridge
Road. The existing private road is also currently used by the existing residence west of the development site.
The Developer is proposing to continue using the private road and a portion of the existing driveway to avoid
disturbing 2 existing retaining walls and to preserve several large existing trees. The 2 proposed lots would
share the existing driveway through that retaining wall location and then split into individual driveways to
the south after that. A new driveway will be extended to the proposed lot and the existing driveway will
continue to be used for the existing home.
The lots as designed, will not have the typical right of way frontage for proposed driveway connections. As
noted, proposed lot 2 will have frontage along Great Plains Blvd., however, lot 1 will technically have no
right of way frontage. The developer has proposed the new lot line between the 2 lots in such a way that
driveway route can be maintained fully on lot 2 reducing future easement needs for lot 2 onto lot 1. This lot
line configuration does create an irregular lot shape, as such, we have assumed that the front yard for these
proposed homes will be to the north and established setbacks accordingly, see site plan.
The following is a summary of primary project elements currently proposed:
Density Calculation
Gross Acreage 4.101 acres
Wetland Area 1.204 acres *
Wetland Buffer Area (Full Area Dedicated) 0.875 acres*
Ex Retaining Wall Easement 0.092 acres
Outlot A Area Upland of Wetland and Buffer 0.240 acres
Net Buildable Acreage (Lots) 1.690 acres
Net Density 1.2 units per acre
Includes the areas within Outlot A
Proposed Proposed
Lot Dimensions RSF Standard Lot 1 Lot 2
Width along R/W Frontage 90’(min.) n/a 379.3’
Width at proposed Front Setback n/a 100 ft1 152.0 ft2
Lot Depth 125’ (min.) Both exceed minimum
Lot Size Minimum 15,000 sf 30,778 sf 78,137 sf
Setbacks:
Side Setbacks 10’ 10’ 10’
Front Setback to City R/W 30’ n/a n/a
Setback to CSAH 101 50’ n/a 50’
Rear Setback 30’ 30’ 30’
Wetland buffer setback 30’ n/a 30’
Preliminary Subdivision and Final Plat Submittal June 18, 2021
Eagle Bluff – Chanhassen, MN Page 4 of 5
Notes:
1. Setback proposed where lot 1 width equals 100’ on north side of existing home.
2. Lot width measured at south side of wetland 1 at the 30’ setback to wetland buffer.
Vehicular Site Access and Pedestrian Circulation
The proposed development does not require construction of any new public roadway or walkways. Right of
way access for vehicles and pedestrians is available to both lots via the private road extension from Eagle
Ridge Road through Outlot B of the Foxwood development.
Grading
The only grading required will be what is necessary to: prepare grade for the new lot’s driveway extension,
build the new home on lot 2 and excavate a stormwater storage basin. All earthmoving activities necessary
for construction will require erosion and sediment control per City of Chanhassen and Riley Purgatory Bluff
Creek Watershed District requirements.
Sanitary Sewer and Watermain
The project does not require extension of any public sanitary sewer or watermain trunk lines. The Foxwood
development extended public sewer and watermain within Outlot B to the northwest corner of the
development parcel. One set of sewer and water was extended to the existing lot; however, the previous
homeowner did not complete connection of the services to the existing home. The proposed lot split request
proposes to complete the connection of the existing services to the existing home and then abandoned use of
the existing septic system. A second set of services will then be installed to connect the proposed lot 2 home
to the public utilities. The utilities are proposed to be installed by either open cut construction and/or
directional drill installation to minimize disturbance to the existing driveway and large existing trees on the
property. The new home will result in addition of one single family home being routed to the existing
Foxwood lift station and the lift station does have the necessary capacity.
Stormwater Management
The development is located within the Riley Purgatory Bluff Creek Watershed District. The development is
required to provide stormwater management due to amount of required earth disturbance and new
impervious created by the addition of a new home and driveway extension. Stormwater management will be
provided by means of an infiltration basin on the new lot 2.
Wetlands
The development site was reviewed for wetlands by Kjolhaug Environmental Services (KES). KES has
identified 2 wetlands (1 and 2), either fully or partially within the property. A MnRAM analysis has been
performed with the delineation to confirm the classifications of the wetlands. There are no impacts proposed
to either wetland area.
The City of Chanhassen and Riley Purgatory Bluff Creek Watershed District have slight differences in
wetland classification labels and regarding wetland buffers requirements. The following is a summary of the
buffer requirements for the project:
Preliminary Subdivision and Final Plat Submittal June 18, 2021
Eagle Bluff – Chanhassen, MN Page 5 of 5
Local Governmental Unit
City of Chanhassen Riley Purgatory Bluff Creek Watershed District
Wetland
Classification
Buffer Strip
Requirement
Principal
Structure
Setback
to Buffer
Accessory
Structure
Setback to
Buffer
Wetland
Classification
Average
Buffer
Width
Required
Min. Buffer
Width
Required
OUTSTANDING 50 50 50 N/A
PRESERVE 40 40 20 EXCEPTIONAL 80 40
MANAGE 1 25 30 15 HIGH 60 30
MANAGE 2 20 30 15 MEDIUM 40 20
MANAGE 3 16.5 30 15 LOW 20 10
The development plan assumes a buffer application by proposing buffers in compliance with RPBCWD
averaging criteria but then including the structure buffer setback in accordance with the City rules. following
is a summary of the proposed wetland buffers:
Wetland Area Classification Lineal
Frontage1
Buffer Area
For Avg Calc.2
Minimum
Buffer Width
Average Buffer
Provided
1 0.269 ac MANAGE 1 335 LF 13,439 SF 20’ 40.1’
2 0.935 SF MANAGE 1 411 LF 42,497 SF 20’ 45.1’
Notes:
1) Lineal frontage listed is as assumed for buffer requirement calculation, also refer to wetland
management plan for additional calculation details.
2) Actual wetland buffer to be provided is greater than value used for averaging calculation.
Tree Preservation
The estimated baseline tree canopy coverage for the existing site is 39% of the net area (excluding site
wetland area). Per the City code, low density residential is then allowed to remove to a limit of 35% tree
canopy prior to requirement of mitigation. The development plan proposes to maintain tree canopy coverage
of 36% and thus no tree replacement is required per City Ordinance.
Landscaping
Each lot is required to install a minimum of one deciduous or conifer tree in the front yard, in accordance
with the City’s Subdivision Ordnance. The new tree must either be an 8’ conifer or 2.5” deciduous with
species chosen from the City’s approved list.
TIMING/PHASING
If the City approves the proposed subdivision request, it is the Applicant’s desire to proceed with
modifications to the existing home and placing both lots are the market.
CONCLUSION
The applicant respectfully concludes that this request for subdivision approval will allow for a development
consistent with adjacent single family residential lots and the City Goals and Objectives for this area.
PROJECTLOCATIONWETLAND 1MANAGE
1 - CITY, MEDIUM - RPBCWDBUFFER
REQUIREMENTS:20'
TRACT ATRACT
B R =8 9 1 .0 0 L =3 6 0 .8 9 2 3 °1 2 '2
5 "C .B r g =S 2 °0 1 '2 9 "E C .=3 5 8 .4
3S89°53'00"E 243.11N00°
02'05"W 150.00S89°53'00"E
278.34S09°34'44W36110N89°
3EAGLE BLUFF
PRELIMINARY / FINAL PLAT SUBMITTAL
DETAILS
WETLAND 1MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' MIN. + 30' SBK - CITY130,
778 SF278,137 SFWETLAND 2MANAGE1 - CITY, MEDIUM - RPBCWDBUFFER
REQUIREMENTS:20'
MIN.,40' AVG., 80'
MAX - RPBCWD25'
WETLAND 1MANAGE
1 - CITY, MEDIUM - RPBCWDBUFFER
REQUIREMENTS:20' MIN.,40'
WETLAND 1MANAGE
1 - CITY, MEDIUM - RPBCWDBUFFER
REQUIREMENTS:20' MIN.,40' AVG., 80'
WETLAND 1MANAGE
1 - CITY, MEDIUM - RPBCWDBUFFER
REQUIREMENTS:20' MIN.,40'
WETLAND 1MANAGE
1 - CITY, MEDIUM - RPBCWDBUFFER
REQUIREMENTS:20' MIN.,
R =8 9 1 .0 0 L =3 6 0 .8 9 2 3 °12 '2 5 "
C .B r g =S 2 °0 1 '2 9 "E C .=3 5 8 .43S89°
53'00"E 243.11N00°02'
05"W 150.00 S89°53'00"E278.
34S09°34'44W 3
6 1
1 0N89°53'00"W16.00S89°53'00"E32.00N10°37'41 E18.22N00°02'05"W150.00N78°26'02"E 201.67N46°27'38"E45.59105.7395.94N00°02'05"W 432.28146.41285.87
68.
3881.
STATE OF MINNESOTA)
ss
COLTNTY OF CARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
July 8,2021, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy ofthe attached notice ofa Public Hearing to
consider a request for rezoning from Agricultural Estate (A2) to Single-Family Residential
RSF) and subdivision approval for two lots and one outlot with variances at 9197 Eagle
Ridge Road, Planning Case No.2021-15' to the persons named on attached Exhibit "A", by
enclosing a copy ofsaid 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 ofsuch owners were those appearing as such by the
records of the County Treasurer, Carver County,innesota, and by other appropriate records. -
Subscribed and swom to beforemethifldayofd.d-v ,2021.
Kim
Notarv Public
Deputy lerk
Seat)
JE{IJ
rarllrt ,&1
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
Subject
Paacel
Dlacblrmt
This map i9 neither a legally recoded map no. a suNey and is rlot intended to b€ used
as one. This map i9 a cornfilation oI r€cords, information and data located in vadous oty.
county, state and fedeGl ofhces and olher so!rces regarding the area shoun. and as to
be used for releence purposes only. The City does not wanant lhat the Geographic
lnfomaton Sygtem (GlS) Dala used to prepare this map are enor tree, and the Crty does
not epresent that the Gls oatra can be used for navagational. tracking or any other
purpose €quiing exacting measurement oI digtance or directon or preosion in the
def,iclion of geog6phic feafures. The p.eceding disclaimer is provided pursuant to
Minne€ota statutes s,t(l6.03. Subd. 21 (2000). and the user of flis map a.hodedges
lhat the City shall not be liable for any damages, and expressly waives all claims and
agrees to defend, indemnify, and hold harmless the crty from any and all daims brought
by User, its employees or agents. or thid partes lNllicll anse oul ot ihe use/s access or
use ol data pmvided.
DLcLlmo.
ThE ma9 B neittier a legally racoded map nor a suNey and b not inteoded to be used
as one. This map is a compilaton ot rcca.ds, iniormation and data locsted an vadous crty,
county, siale and lede.al olfce3 and other sources regarding the area 3hown, and i3 to
be used br .ebrence puQo6es o.lly. The City does not warrant that the Geographic
lniomaton syslem (Gls) Data used to p.epare this map are enor ftee. and the city does
not .epr*€nt that the Gls Data can be u3ed fo( navigatonal. tracking o. any oth€r
purpore requi.ing execting measulemont of distance or dit€dio,l or precision in lhe
defMon ot geographac features The Eeceding disdaimer is provided pu6uant to
Minnesota StaMes 5466.03. Subd. 21 (2000). and the user of this map ackno,ledges
fial $e City shall nol be laable for any damages, and expr83ly waives all daims, and
aorees to derenal, indemnily. and hold harmless the Cily from any and all claims brought
by User, itB employees or aoents, or thid partres whach anse out of the use/s access or
use of data provaded.
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Carver County
Public Works
11360 Highway 212, Suite 1
Cologne, MN 55322
Office (952) 466-5200 | Fax (952) 466-5223 | www.co.carver.mn.us
CARVER COUNTY
July 14, 2021
City of Chanhassen
c/o Bob Generous AICP
Senior Planner
952-227-1131
bgenerous@ci.chanhassen.mn.us
CC: Schutrop Building & Development Corp. (Applicant)/Black Cherry Development (Property
Owner)
Re: Development / Access Review Comments: 9197 Eagle Ridge Road Subdivision
located at Parcel ID# 250240811 adjacent to County State Aid Highway (CSAH) 101
Great Plains Blvd.)
Thank you for the opportunity to review the subject development in the City of Chanhassen.
Consistent with the County Comprehensive Plan and County Codes, and other official controls of the
County, the following are comments and recommended conditions of approval and as potential
requirements for any necessary permits to be issued for the project.
1. Regarding access onto the County Highway –
a. No access to CSAH 101 is proposed. All future access to the proposed parcels, including
Outlot A, shall be from Eagle Ridge Road via local or private road connection,
easement, or outlot. Additional County review and permit approval will be required if
this condition changes.
2. Regarding right of way, easements, and outlots –
a. CSAH 101 at this location is a 4-lane divided urban roadway facility with a trail on both
sides. The existing right of way adjacent to the parcel varies but is approximately 75 ft.
from the centerline of the roadway. The existing right of way for CSAH 101 appears to
meet the right of way guidance for consistency with the County’s 2040 Comprehensive
Plan (Figure B.6), to be confirmed by final County Surveyor review and approval.
b. A City trail project was completed on the west side of CSAH 101 adjacent to the subject
property that included a retaining wall. The retaining wall easement from this project
should be shown on the final plat. If no retaining wall easement exists, it should be
added to the final plat to the area needed for repair and replacement of the wall in the
future.
c. Right of way shown on the final plat needs to be consistent MnDOT right of way plats
as well as the County road layout. Work with County Survey staff to confirm the
technical details of the final plat. The final plat, its boundaries and form(s), will need to
be reviewed and approved by the County Surveyor.
d. Please identify proposed ownership of Outlot A. County recommends Outlot A adjacent
to the County right of way be owned by the City.
3. Regarding permitting –
a. The County will need to review and approve the final grading plans for properties
adjacent to CSAH 101. A grading permit will be required for grading work within the
highway right of way.
b. Prior to any work affecting or on County highways or in County right of way, the
applicant shall coordinate plans with the County Engineer and obtain a Utility or
Excavating/Filling/Grading Permit(s) from Carver County Public Works:
www.co.carver.mn.us/departments/public-works/quick-links/permits). Final details of
locations, grades, and profiles affecting County roads as well as any utility connections
will need to be reviewed and approved prior to any permits.
c. Any damages, modifications, or changes incurred on County highways from current or
approved conditions will need to remedied or updated at development expense,
including costs incurred by the County.
These are the County’s comments at this time. If you have any questions or need further assistance,
please contact staff noted below:
Joan Guthmiller
Administrative Technician
Carver County Public Works
952.466.5201
jguthmiller@co.carver.mn.us
Angie Stenson AICP
Sr. Transportation Planner
Carver County Public Works
952.466.5273
astenson@co.carver.mn.us
Dan McCormick, P.E. PTOE
Traffic Services Supervisor
Carver County Public Works
952.466.5208
dmccormick@co.carver.mn.us
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MINUTES
JULY 20, 2021
CALL TO ORDER: Vice Chairman von Oven called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Laura Skistad, Eric Noyes, Mark von Oven, Erik Johnson, Doug
Reeder, and Kelsey Alto
MEMBERS ABSENT: Steven Weick
STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner; George Bender, Assistant City Engineer; Erik Henrickson, Project Engineer.
PUBLIC PRESENT:
Robert Boecker 610 W. 96th Street
Gary & Lane Burdick 731 W. 96th Street
Dr. Carissa Haverly 750 W. 96th Street
Roger & Kim Lee 600 W. 96th Street
Elaine & Johnnie Meyering 1050 Homestead Lane
Andrew Riegert 620 W. 96th Street
Martin Schutrop, Schutrop Building & Dev. Corp. 540 Lakota Lane, Chaska
Chairman von Oven reviewed guidelines for conducting the Planning Commission meeting.
Vice Chair von Oven stated both Public Hearings will go before the City Council on Monday,
August 9, 2021.
PUBLIC HEARING:
CONSIDER A REQUEST TO REZONE PROPERTY FROM AGRICULTURAL
ESTATE DISTRICT (A2) TO SINGLE-FAMILY RESIDENTIAL (RSF) AND
SUBDIVISION OF PROPERTY INTO 21 SINGLE-FAMILY LOTS WITH VARIANCES
AT 775 96TH STREET W.
Senior Planner Generous presented the staff report on this item, noting the applicant is requesting
the rezoning of the property, which would be consistent with the Comprehensive Plan and
subdivision approval to create 21 single-family lots and several outlots with dedication of public
right-of-way. The property is zoned Agricultural Estate District (A2) which is really a holding
district in the community and is guided for residential low-density uses which permits densities
of 1.2 to 4 units/acre. The proposed density of the part they are platting with the first phase
would be 1.69 units/acre and is within the density range permitted by the Comprehensive Plan.
There is a large wetland complex on the eastern portion of the property and a portion of the site
is heavily wooded; the applicant has allowed the neighbors to use the wooded area as a walking
area and permitted horse trails. Mr. Generous noted the RSF district is consistent with the
Planning Commission Minutes – July 20, 2021
2
Comprehensive Plan and looked at other districts but none were really appropriate. Staff is in
support of rezoning to RSF which is consistent with the land use and is also one of the most
common for single-family homes in Chanhassen. The subdivision would create 21 single-family
homes on the eastern part of the subdivision and replat the farm site; access would be via public
streets from Eagle Ridge Road to the north and 96th Street to the south. City sewer and water
would be extended into the project and would move the current lift station on the north side of
the project to the very south side of the project and it will be sized sufficiently to handle
additional sanitary sewer. As part of the development, the applicant is also providing stormwater
treatment. As part of the first phase of development, there is not a lot of tree preservation as there
is a huge knoll (shown onscreen) and to bring it down and make it suitable for development they
will have to do quite a bit of grading so that entire area will be disturbed. Mr. Generous also
noted another area to be disturbed to provide stormwater ponding. There is a significant amount
of tree replacement that needs to be done and current analysis says that is 273 trees.
Project Engineer, Erik Henricksen, presented and noted staff conducted a review of the grading
and drainage plan and found that it is in general conformance with ordinances and standards.
There are a few areas that would be “Do Not Disturb” areas, one being on Outlot A, a small
portion on Lot 10, Block 1, to save an old, very significant oak tree, and some other preserved
areas. Grading is proposed on Outlot E and the City is working with the developer’s engineers to
see an exhibit of the ultimate build-out and grading plan for the area to be sure there is no
adverse drainage impacts to the lots located on Block 2. Earlier this year, the property was issued
grading Interim Use Permit #2021-03 for the dredging of a wetland north of the proposed
development and the applicant is about midway through completion and there is a stockpile of
wetland spoils which are not conducive to engineering fill or house pad support and they will
want to ensure that is relocated or removed. Mr. Henricksen walked the Commissioners through
public sanitary and water mains including 8” sanitary sewer, 12” trunk main, and relocation of an
existing temporary lift station. Lift Station #20 at the end of W. 96th Street would be removed
and all of the sanitary sewer after W. 96th Street is reconstructed would be accommodated with
the oversizing of the new lift station. The applicant has provided preliminary designs for that lift
station and it does prove feasible. The City is still working through plans to get a final location
for the lift station. Finally, the oversizing of all of the public utilities required would be
reimbursed by the City, including the 12” PVC trunk main and the lift station. Mr. Henricksen
walked the Commissioners through public storm sewer and said the applicant’s approach to
stormwater management is feasible through the use of a baffle, catch basin sumps, and filtration
pond. Staff is working with the applicant to find a more ideal access to this public facility as
right now it is located in backyards which can sometimes prove difficult to get access to for
maintenance dredging. Street connectivity goes from the termination of Eagle Ridge Road with
W. 96th Street which was a requirement from Public Works and Fire for emergency vehicle
access. The applicant is asking for a variance from the typical street width which is proposed to
be 26 feet wide rather than 31 feet wide because it is single loaded with houses on one side and
to save additional trees. Staff recommends approval of that with the condition of a sidewalk
installed on that portion. A nature trail is proposed with a mid-block crossing and staff is
working with the developer to find a different location. Mr. Henricksen walked the
Commissioners through potential street collector roads and design alternatives to improve the
traffic flow. An ideal water tower location was noted on screen and spoke about as a W. 96th
Street improvement tentatively scheduled for 2026.
Planning Commission Minutes – July 20, 2021
3
Mr. Generous said there are four variance requests, of which three are from the Zoning
ordinance. First, seven lots have less than 90 feet of frontage, however when they go back to the
building point they all meet or exceed the 90 foot requirement so staff is in support of that.
Second, they are requesting setback variances for Lot 1 which is the most northerly lot and is
directly next to the Foxwood development and the front setback would match the smaller
setbacks of that development; because it is between the roadway and the wetland they are also
requesting a variance from the wetland setback on the back. Eagle Ridge Way is proposed to be a
26-foot wide road and staff is in support of all the variance requests with this development. Staff
believes the applicant will be able to preserve wetlands in their current conditions. Staff is
recommending approval of the rezoning, approval of the Preliminary Plat with variances for the
street width and front yard setback, wetland setback, and street frontages subject to the
conditions in the staff report, and adoption of the Findings of Fact and Recommendation.
Commissioner Reeder asked the City’s frontage requirement.
Mr. Generous replied it is 90 feet.
Commissioner Reeder asked how small the lots are that are being asked for variances.
Mr. Generous replied the smallest width was approximately 87 feet. He reiterated once they get
to the 30-foot setback they meet or exceed the 90 feet of width.
Vice Chairman von Oven asked on the proposed width of the street that needs the variance, are
there any concerns with fire trucks or ambulances getting through that area?
Mr. Henricksen noted there are no concerns from the Fire Department, and Fire Code does state
the minimum width for private streets is about 20 feet. There are certain requirements that must
be met, Fire performed a review, and there were no flags raised. Public Works and Engineering
does not have a concern other than keeping pedestrians on a sidewalk and out of the street.
Mr. Generous stated one side of the street will be signed as “no parking.”
Vice Chairman von Oven asked to see the slide with concerns about water. He asked if staff
could predict what the applicant will come back with for drainage and where the water will go.
Mr. Henricksen noted the applicant provided sheets that show the detail of the high point in the
back and demonstrated some routes on screen and stated they do want to ensure feasibility and
ensure everything has been checked so there are no impacts to the existing lots.
Vice Chairman von Oven asked, regarding the oversizing of the lift station, will that choice have
any negative impacts on the residents of W. 96th Street, whether it is a temporary shutdown or
changeover?
Mr. Henricksen stated sewer and water should and will always be provided during construction
and reconstruction of the W. 96th Street corridor. The oversizing of the lift station will be
Planning Commission Minutes – July 20, 2021
4
oversized and built to accommodate when that construction occurs. He explained more about
gravity, current lots, and future lots and the future lift station.
Commissioner Reeder asked if there was a tree survey done and if he can see where the trees are
currently and where they will be taken down.
Mr. Generous explained the trees are all throughout the area. Mr. Henricksen showed a satellite
view and explained tree coverage.
Commissioner Reeder asked if there will be any trees left in the area they are currently
developing.
Mr. Generous replied, yes, and pointed out the areas on screen, including a large oak that they
want to preserve.
Commissioner Alto noted it was mentioned that the rezoning fits into the 2040 Comprehensive
Plan and asked how many other areas there are in Chanhassen that could be up for development
for that plan.
Mr. Generous stated Residential Low Density (RLM) is the largest land use; west of Highway
101 is guided for RLM as well so once sewer and water becomes available they could redevelop.
Commissioner Alto said it looks like the W. 96th Street neighborhood is older than Eagle Ridge.
She asked if the developer knew the price point of the proposed development versus the price
point of the houses below and above.
Mr. Generous believes the same developer that did Foxwood is interested in this and the
applicant could speak about that.
A representative from Black Cherry Development, Tim Erhart, approached the podium and said
he and his wife bought the property when they moved to Chanhassen in 1980 and moved onto
the old farm site and rebuilt the house. He got into the hobby of growing, cultivating, and
straightening trees, and building trails; they also built or restored seven ponds on the property
and it has been a beautiful and fun nature project. He wants to see it properly incorporated into
the enclave of south Chanhassen with trails and further pond development. He shared the history
of how the project came to be and noted two years ago he had no notion of selling any of the
land and a friend from Gonyea stated they had excess sewer capacity on the temporary lift station
and were out of lots so asked if he would be willing to sell some land. He feels very comfortable
about the project as it is today. He pointed out the last wetland that he wanted to restore is about
halfway done. He noted, regarding trees, it was submitted that they would clear out all of the
trees for the houses and that is not the case. Now that tree preserve will allow individual lot
owners to optimize their lot, he believes that will lead to a lot less tree removal than shown on
the plan. He loves trees and is working very hard to make it good. Regarding the prices of the
homes, he believes other homes in Foxwood are going for $800,000-$950,000 although it is a
tough question.
Planning Commission Minutes – July 20, 2021
5
Vice Chairman von Oven opened the public hearing.
Dr. Carissa Haverly, 750 W. 96th Street, had some concerns. First, she would ask the Planning
Commission to understand that hooking up W. 96th Street to Eagle Ridge is because of the Fire
Department requirement, but will drastically change the character of the neighborhood and
traffic that flows through. It is a tight-knit community and everyone knows one another; she
asked that the City be mindful of the decisions they are making and the way it will affect
residents. Second, she had a grave concern in being forced to hook up to sewer and water and
being charged a hefty assessment fee. She works three part-time jobs, her husband works full-
time and part-time and if the City requires them to no longer use their well and sewer, it will cost
them a lot of money. She is concerned that there may be others in the neighborhood that also fall
into that category. Finally, Dr. Haverly said regarding the reconstruction of W. 96th Street to
include sidewalks, her property is one of the end properties on the development and W. 96th
Street goes onto her property and uses part of the utility easement. In looking through City Code,
Section 18-64 through 18-77, Article 4 describes easements as the front 10 feet of one’s property
provided for utilities. Division 5 Section 20-379 defines utilities as sewer, gas, electrical, and
water systems but it does not say that the City may use her property for roads and sidewalks. She
then did a search on eminent domain and could not find it. She wonders what recourse the City
has for using her property for this street and sidewalks and every single resident will be giving
up a hunk of their front yards in order to accommodate this, which is eminent domain and
requires some fiscal compensation.
Vice Chairman von Oven noted she keeps referring to 76th Street and he does not know what that
is.
Dr. Haverly replied she is nervous and she meant W. 96th Street. She asked to show the ghost
plat of the subdivision and pointed out her property and utility easement; this does infringe on
her property and they can definitely come to some kind of agreement or conclusion.
Elaine Meyering, 1050 Homestead Lane, saw on the map that they are proposing a road through
their cul-de-sac and stated they are against that and do not want that to go through. She noted on
the map showing the future that a road may go through the cul-de-sac on Homestead Lane and
on Flintlock Trail for future development of the area. If that happens, she wonders when and if
they would be assessed fees for City sewer and water, as well as curb and gutter. She also asked
if the properties would stay the way they are on Homestead Lane or rezoned into smaller lots.
Commissioner Noyes asked to clarify in extending W. 96th Street to the west it appears that
would potentially connect with Flintlock Trails and Homestead Lane both coming in from the
south.
Ms. Meyering replied yes. When looking at the map A, B, C, D, she asked if those are water
towers.
Mr. Henricksen said from the 2040 Comprehensive Plan this property was analyzed to have a
water tower on it at some location and the developer’s engineer has provided three locations that
Planning Commission Minutes – July 20, 2021
6
would meet the requirements. There will not be a need to install three water towers but there are
three possible locations identified. He showed the most ideal location from staff’s point of view.
Ms. Aanenson, Community Development Director, noted one of the first things staff does is to
show a potential alignment for the street because it is in the Comprehensive Plan that the street
must connect. The intention here is that it is transparent that there is a potential for connection.
Will it happen? They will have to decide as the rest of the street comes in, and they know there is
a potential for water sites so people can plan for that in the future. It is not the City’s intention to
rezone the property on W. 96th Street nor to rezone the property south. The goal in moving
forward is as systems fail (septic and sewer) there is another alternative to provide for those
houses, as there have been situations where systems fail and people cannot sell their home. They
are always planning for other options but does not mean that it has to go through at that time;
they are saying there are options to provide sewer and water access to those and some of those
decisions are also made by the Fire Department. She clarified today they are looking at this
project to show what could happen over there.
Kim Lee, 600 W. 96th Street, noted four bullet points on a document, regarding construction
traffic on W. 96th Street. Included is further deterioration of the road, and she noted they would
like to maintain the current cul-de-sac with no through traffic. The proposed construction access
from Powers Boulevard in line with the current ghost plat, they know the construction is not just
the first 21 houses but will eventually extend and all of that traffic will go on for 3-5 years as this
is not something short-lived. If it was at least looked at through Powers, there is no one there,
and then W. 96th Street won’t be affected until possibly 2026. She noted they know it is
eventually coming, but none of those homes would be interrupted until that time.
Chairman von Oven closed the public hearing.
Commissioner Alto asked if it is determined that all construction traffic would enter through W.
96th Street or would it be split between Eagle Ridge.
Mr. Henricksen replied ideally it would be split. It is not atypical for public right-of-ways to be
used for construction access when they see developments extending from existing right-of-ways.
Through construction planning to have two routes and access points to the development would
be sought after. With W. 96th Street being slated for reconstruction in the future, it is an ideal
location to have construction traffic.
Commissioner Alto asked if it is possible to ask the developer to use the Powers connection as a
construction road.
Mr. Henricksen noted they looked at that possibility but found it infeasible with the proposed
development and not necessarily prudent or reasonable.
Commissioner Reeder asked what made it infeasible.
Mr. Henricksen replied it comes into construction means and methods in looking at getting a
delivery when there is a road that is unplatted and does not have addresses.
Planning Commission Minutes – July 20, 2021
7
Assistant City Engineer, George Bender stated it is someone’s property and to make the
requirement – rather than request – as a condition of the development goes to the reasonability of
the request.
Commissioner Noyes asked if the western part was being developed now, would the access come
down W. 96th Street for construction?
Mr. Henricksen replied no. It would come off Powers Boulevard. He noted reconstruction of W.
96th Street is highly contingent on the future developments.
Mr. Generous clarified the westernmost portion is guided for office development; it is really
market-driven and if someone wanted to come in and do that they would probably require
making the connection from Powers Boulevard. He clarified there is a large ridge right there that
will have to come down to meet the 7% slope requirements of the City.
Commissioner Skistad asked if W. 96th Street is currently a mound and well system for sewer
and water.
Mr. Generous clarified they have sewer connection, but not everyone has water.
Mr. Henricksen replied they have tanks in their backyard which then flow to the gravity system
in W. 96th and then goes to Lift Station 20 and gets pumped across Highway 101 to another
gravity system. It would be ideal to have a normal sewer pipe there as the tanks are an area of
Infiltration and Inflow (I and I) so they are seeing surface water and ground water leeching into
the sanitary system. It is an issue the City is dealing with as a whole but W. 96th Street has
exhibited a higher I and I than normal and it is believed to be tied to the tank system tied in there.
Commissioner Reeder asked what the policy is if and when they put that pipe in. Do they require
a hook-up?
Mr. Generous replied if one is within 150 feet of the sewer line, they are required to connect. A
well may be maintained until it fails and then one cannot drill a new well but would have to
connect.
Mr. Henricksen believes the 150-foot requirement is also linked to new construction.
Vice Chairman von Oven noted this Commission has approved two variances in the last six
months in his neighborhood which has resulted in a ton of construction traffic and drives him
nuts. However, it was the right thing to do because the variances followed the City plan and it is
the right of the property owner to do with their property what is allowed by the City. From his
point of view, the Commission has a set of plans and variances before it that do not vary widely
from what the City expects and that a property owner is not going beyond their rights. He does
not see anything on the map that City Code gives reason to say one cannot do that, which is also
why he believes staff is recommending approval for City Council.
Planning Commission Minutes – July 20, 2021
8
Commissioner Reeder thinks the construction traffic on W. 96th will be outrageous. He has lived
with this in the past and he thinks it will be a large problem for the City for the five years it takes
for things to be built.
Vice Chairman von Oven does not disagree but he does not feel it is within their rights to force
the property owner to go in through Powers.
Commissioner Alto moved, Commissioner Johnson seconded that the Chanhassen
Planning Commission recommends that the City Council approve the rezoning of the
development from Agricultural Estate District (A2) to Single-Family Residential District
(RSF); preliminary plat with variances for street width, front yard setback (Lot 1, Block 1),
wetland setback (Lot 1, Block 1) and street frontages (Lots 3 through 9, Block 1) subject to
the conditions of the staff report and adoption of the Findings of Fact and Decision.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
PUBLIC HEARING:
CONSIDER A REQUEST TO REZONE PROPERTY FROM AGRICULTURAL
ESTATE DISTRICT (A2) TO SINGLE-FAMILY RESIDENTIAL DISTRICT (RSF) AND
SUBDIVISION APPROVAL OF TWO LOTS AND ONE OUTLOT WITH VARIANCES
FOR A PRIVATE STREET AND PRIVATE STREET WIDTH AT 9197 EAGLE RIDGE
ROAD
Mr. Generous presented the staff report and said Planning Case #2021-15 is a rezoning and
subdivision approval to create two lots, one for the existing home and the other for a new
building site. The approval comes with variance requests for a private street, as currently the lot
is accessed via a private street and they would extend that to serve the two lots. There is also a
request to have less than a 20-foot wide private street because of retaining walls on site in the
wetland. The site is guided for residential low density which permits densities of 1.2 to 4
units/acre. Sewer and water are stubbed to the end of the private street but are not connected to
the homes. There are wetlands in the northeast and south side of the property. Mr. Generous
spoke about utilities and tree removal.
Mr. Henricksen reported there are no public utilities or street connections. As presented and
shown, the grading plan is feasible and meets the ordinances. Construction plans will require
some updates and will be reviewed during the building permit process.
Mr. Generous stated City Code permits the use of private streets for up to four single-family
homes. He advised the applicant that they need the Fire Marshal to sign off on the variance for
design standards for a private street. The applicant is proposing to use wetland buffering which
the Watershed District must approve. Staff is recommending approval of the rezoning and the
subdivision with the variance for the private street and private street width subject to the
conditions of the staff report and adoption of the Findings of Fact and Recommendation.
Commissioner Skistad asked how long the private road would be.
Planning Commission Minutes – July 20, 2021
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Mr. Generous replied about 200-300 feet.
Commissioner Alto asked if the trail across Highway 101 that plans to connect to Bandimere
Park will be constructed.
Mr. Generous replied not as part of this development. Currently, there is an underpass under
Highway 101 and they would be looking for the connection in the future.
Commissioner Noyes asked if that connection is in an easement or on an outlot that the City
would own.
Mr. Generous noted that is up to the developer. The City would prefer it as an outlot that the City
would own, but if the developer wanted to keep it, then they could and place a drainage, utility,
and trail easement for a future trail alignment.
The Council discussed trail crossings and their preference is not to have trail crossings mid-
block.
Mr. Henricksen noted the newly formed Traffic Safety Committee developed earlier this year is
developing a safe crosswalk policy which deals directly with mid-block crossings to have certain
criteria for when and if they are installed and what type of improvement.
Martin Schutrop, Schutrop Building, noted there will be a shared agreement on the driveway for
maintenance and plowing. The current house has already been sold and will be remodeled and
updated.
Vice Chairman von Oven opened the public hearing.
Vice Chairman von Oven closed the public hearing.
Commissioner Noyes moved, Commissioner Skistad seconded that the Chanhassen
Planning Commission recommend that the City Council approve the rezoning from
Agricultural Estate District (A2) to Single-Family Residential District (RSF), a two-lot, one
outlot subdivision with a variance for the use of a private street and private street width
subject to the conditions of the staff report; and adoption of Findings of Fact and Decision.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
APPROVAL OF MINUTES: Commissioner Noyes noted the minutes of the Planning
Commission meeting dated July 6, 2021 as presented.
ADMINISTRATIVE PRESENTATIONS:
Ms. Aanenson presented highlights of action taken by the City Council on planning matters. At
the last Council meeting, the Avienda Final Plat was approved, and there was a Metes and
Bounds subdivision for a salon. Regarding the interim use for the driving range, the City sent out
Planning Commission Minutes – July 20, 2021
10
for jurisdictional review and received a response from the DNR that they had no comments from
the Biology and Wildlife person. During the City Council meeting out of the blue, someone from
the DNR Wildlife got up and noted he had no problems and had met with the applicant the
previous Friday. The City sent a letter that it would have been nice if they had communicated
that with them.
ADJOURNMENT:
Commissioner Noyes moved to adjourn the meeting. All voted in favor and the motion
carried unanimously with a vote of 6 to 0. The Planning Commission meeting was
adjourned at 8:46 p.m.
Submitted by Kate Aanenson
Community Development Director
CITY COUNCIL STAFF REPORT
Monday, August 9, 2021
Subject 2021 Building Permit Activity July Year To Date
Section CORRESPONDENCE DISCUSSION Item No: K.1.
Prepared By Bob Generous, Senior Planner File No:
ATTACHMENTS:
2021 Building Permit Activity July YTD