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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 Xä Xä Xä Xä XäXä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Xä Lake Dr E Po nd Promen ade RedCedar PointRd NezPerceDrMissionHillsDrConestoga CtC o lu mbiaLn Blueb o nnetBlvdWashi ngtonBl vdTristanKnollMarketBlvdC h a s k a Rd HarvestLnDogwo o d Rd BaneberryWayWW 96th St Kiow a TrlBaneberry Way EShorewoodOaksDr LakeSusa n HillsDrO akside Cir LakeDr WPark Rd Bl uf f Cr eekDr Lake Dr AudubonRdW 78th St Eag l e 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and viewRd Mayapple Pass PointeLa k eLucyCoR d 101 Woodhill Dr Dell Rd M ountai n Way DrakeCtBrendenCtWestLakeCtChesMarDr LakeRileyBlvdSunr idge Ct Arboretum Blvd Ho mesteadLnMin n e was ht a WoodsDrButte Ct Hol l y Ln Lotus Trl Majestic Way Gal pinCt CrestviewDr RidgeRdFirTreeAveKimbe rly Ln North BayDrShawneeLnCrimsonBayRdWater TowerPl Quattro DrStrawberryLn Mul b erryCirE SandyHookCir Heidi L n Preserv e Ct Ches MarFarm Rd Moto r pl ex Ct TanadoonaDr L a keHa rri son RdStonefieldLnElmTreeAve Mea d owlarkLnS umme rfield Dr LakotaLn W79t h StMarket St C h a n h a s s e nHillsD rS West wo odDrDeer br ook DrBridleCreek Trl Bou ld e r RdW82ndStAr b oretu mDrLakeridgeRd Red Cedar Cv Arbo re tum Vill a geCirMain St Pleasant ViewCir Bluff Creek Blvd HesseFar m CirHeidiLnWest F a r m RdLakeridgeRd 32. 32 34. 34 7. 7 4. 4 36. 36 12. 12 9. 9 22. 22 30. 30 27. 27 13. 13 20. 20 24. 24 35. 35 1. 1 2. 2 19. 19 21. 21 15. 15 33. 33 31. 31 16. 16 6. 6 23. 23 29. 29 17. 17 37. 37 28. 28 10. 10 3. 3 14. 14 18. 18 8. 8 38.38 5. 5 26. 26 11. 11 25. 25 ST15 ST18 ST17 ST14 ST61 SA5 SA5 SA7 SA7 SA101 SA41 SA41 )212 LS 21: Trappers Pass LS 14: Pleasantview E LS 6: Minnewashta S LS 28: Kings Rd LS 4: Washta Bay Rd LS 3: Hwy 7 LS 16: Pleasantview W LS 12: Lotus Landing LS 5: Holly Lane LS 25: Heather Court LS 7: Minnewashta N LS 27: Moccasin Trail LS 30: Lake Lucy Road LS 11: Utica Lane LS 31: Stonefield LS 10: Big Woods LS 13: Sandy Hook LS 2: Frontier Trail LS 1: Frontier Beach LS 24: Garage LS 26: Galpin LS 20: 96th St LS 22: Dell Rd LS 18: Lake Riley S LS 17: Lake Riley N LS 29: LS 8: Shore Dr LS 15: Horse Shoe LS 19: Dogwood LS 23: Lake Ann LS 32: Foxwood 8600 Lyman/Galpin: 1730 Motorplex/Audub: ST101 STMarket ST101 ST101 GH117 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 1 CA 7 1 dei., 1. 1 i v\. i A> / e / / I 11 . - attaas 1 n r-- 1 i• 1 N Wilk P..-. 4. s 0-, > fil X\: n : I ft' i .: 5 n 44-- ,-: . m,, f.,- . 01. 11 1 1 III `. '-',.- -....-, s: • . tit a- i cfro . 11, i I ' 17" Illr- 0 r.. 4 1 1: i. I .-' 44: A'#;. .... 7, r... ..: i 1 1- 7. 7"` '' '. 1.:.' '''''; 4''''''' '''''''• i CI - t74 UM ..., I 1 ti 21 et . : hi 1 z ia 1 a a I j ll -- 1tfcir:', ' : I I I a (... i 1 4.- : - . 41 :?, I 2‘). N.:' W 1 ' i 7- 4.,„,•. via. s ': ' h .. I , t, .:: L OD I 14 , t --, Igo ii- a I 10Cirl ° c J ' - I' ' kr4 1 i 1 1 i 1 , ". 0 ,i 1 . L__. _. 7 1111117 m I I. r. 1 11 : 4 At jai . I I 4 VON= 1 1 igii Milt jI. i 1 1 - I I 1711 I fl Mir e 1ik, e 17-"'------------; 7: a I 4 k, 1 i 1 4.) sT x.. ---1* 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”. Degler Farm Code Amendments and IUP July 6, 2021 Page 4 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 Degler Farm Code Amendments and IUP 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 use of data pDvided. <TAX_NAMET (TAX_ADD_Ll ) (TAX ADD L2) (Next RecordD(TAX_NAtlED ITAX_ADD_LI r <TAX ADD L2l DLcLh.r This map is n€i0Er a legally reco.ded map nor a suley and is not intended to be used as orle. ThB mep is a compihtion ot recoads, intormation and data located in vadou3 city, cou.ty. slale and federal ofices and olher sources regadin! the area shown. and is to 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 purpooe equiring exacling lneasulement of distance o. dire(ton or preosioo in the defiicton of Oeographic Eatures. The precadano disdaamer is proviired puBuant to Minnesota StaMes $,16{t.03, Subd. 21 (2000). and the use. ot this map acknodedg€3 that the city shall not be liaue for any damag*. aM expresly waives all daams, anal aorees to debnd. indemnity, and hold hamles3 the City from any and all daims brolghl by User. ib employees or aoents. or third parlies which aris€ oui of the us€/s access or use ol data provided. 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(J U (J (J a6 d! dl aO aOzzzzzzzzzzzzzz toooooooooooooo - -FFFFFFFFFFFFFF(l>'(,(,(,(9(,(,(,(,(,(9(,(,(,(,d>zzZ=zzzzz=zz11El- IIIII-IIIIT==i=99t/t tJ\ th t l .,t) tJt th tl1 a v1 6 :t- =B3=338333ts33ts36K5m(oOr-{<tOOOOOOH.o!11 I^ rn ro \O (O F F. T. O O O O O N m ^<r <t \t st sl <t \t <l <l ur !/1 Ut LA l,l t^ rr) (J oror6rororolool 0r or ol ot (h (h or or 4 ?Ft =szdofo_e8qi(J .oo< l<1=g= 4 qe z6EE- E?laae',eE E- ElE=EEEBi:-i3:tiEEs::<==oo E E =E :i?lfri= ;E=Ei *E E cicidcic,zzzzz 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. Erhart Farm – 775 W. 96th Street July 20, 2021 Page 6 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. Erhart Farm – 775 W. 96th Street July 20, 2021 Page 7 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 Page 8 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 Erhart Farm – 775 W. 96th Street July 20, 2021 Page 9 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 Page 10 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 July 20, 2021 Page 11 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 July 20, 2021 Page 12 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. Erhart Farm – 775 W. 96th Street July 20, 2021 Page 13 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 Erhart Farm – 775 W. 96th Street July 20, 2021 Page 14 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 Erhart Farm – 775 W. 96th Street July 20, 2021 Page 15 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 Page 16 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 July 20, 2021 Page 17 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 Page 18 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 Page 19 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. EXCEPTIONEAGLE RIDGEROADTEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREAT PLAINS BLVD.)96THSTREETWETLAND3WETLAND211032456789BLOCK 1OUTLOT AWETLAND 41112131415161742315OUTLOT BOUTLOT EOUTLOT DOUTLOT BOUTLOT BBLOCK 1 BLOCK TEMPORARYCUL-DE-SACS00°28'49"E 290.40 C.S.A.H. NO. 17HOMESTEADLANEFLINTLO CKT R L N00°02' 05"W 201.86 C.Brg=N42°22'13"WC=65.89N89°58'27" EAGLE RIDGEROADTEMPORARYCUL-DE-SACS00°28'49"E 290.40 S89°34'34"W 633. 00S00°28'49"E 290.40 S89°34'34"W150.00N00°28'49"W290. 40 S89°34'34"W 300. 00S89°53'00"E514. EXCEPTIONEXCEPTION EXCEPTIONEAGLE RIDGE ROAD TEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREATPLAINSBLVD.)C.S.A.H. NO. 17HOMESTEADLANEFLINTL O C K T R L 96TH STREET11032456789BLOCK 1OUTLOT A1112131415161742315OUTLOT BOUTLOT FOUTLOT EOUTLOT DOUTLOT BOUTLOT BBLOC K 1BLOCK 2 B L O CK 1 OUTLOT C OUTLOT GEAGLE RIDGE WAY EAGLE RIDGEROADEAG L E R I D G E R O A D96TH STREET1239. 42'S0°17'44"W 279. 90'S0°08'37"W77.44'S68° 55'16"W90.18'S58°13' 57"W95.58'N89°58'27" E 2271.51'L=66.00' R=330.00'11°27' 30"N41°54'02"E134.40' N48°05'58"W61.09'N0° 02'05"W 167.28'S89° 53'00"E 514. 70'L = 1 9 5 .96 'R =6 3 5 .8 3 '1 7 ° 3 9 '3 0 "L=237.58'R=358.31'37°59'27"L=138.63'R=1069.13'7°25'46"S64°26'53"E10.91'N54°55' 43"W515. 59'L= 435.88'R=703.00' 35°31' 29" EAGLE RIDGE ROADTEMPORARYCUL- DE- SACSTATE TRUNK HWY. NO. 101( GREAT PLAINS BLVD.)11032456789BLOCK 1OUTLOT AOUTLOT EOUTLOT BB L O C K 1 EAGLE RIDGE WAY EAGLE RIDGE ROAD====L=66.00'R=330.00' 11°27'30" N41°54' 02"E134. 40'N48°05'58"W61. 09'N0°02'05" W 96THSTREET1091112131415161742315OUTLOTEOUTLOTDOUTLOT BBLO C K 1 BLOCK 2 BL O C K 1OUTLOT CEA GL E R I D GE R O A D96TH STREET===N0° 28'49"W 290.40'S89° 34'34"W150.00'S0°28' 49"E 290.40'S89°34'34" W 633.00'S0° 28' EXCEPTIONEXCEPTION EXCEPTIONEAGLE RIDGE ROAD TEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREATPLAINSBLVD.)C.S.A.H. NO. 17HOMESTEADLANEFLINTL O C K T R L 96TH STREETWETLAND 3WETLAND 2WETLAND 111032456789BLOCK 1OUTLOT AWETLAND 41112131415161742315OUTLOT BOUTLOT FOUTLOTEOUTLOT DOUTLOT BOUTLOTBBLO C K 1 BLOCK 2B L O C K 1 OUTLOT C OUTLOT GEAGLE RIDGE WAY EAGLE RIDGE ROADTEMPORARYCUL- DE- SACSTATE TRUNK HWY. NO. 101( GREAT PLAINS BLVD.)WETLAND 2WETLAND 111032456789BLOCK 1OUTLOT AWETLAND 4OUTLOT EOUTLOT BB L 96THSTREETWETLAND31091112131415161742315OUTLOTEOUTLOT DOUTLOT BBLO C K 1 BLOCK 2B L O C K 1OUTLOT CEAG L E R I DG E R O A D96TH STREETPOND/FILTRATION BASINNWL 882.00HWL 885. 449ERHART EXCEPTIONEXCEPTION EXCEPTIONEAGLE RIDGE ROAD TEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREATPLAINSBLVD.)C.S.A.H. NO. 17HOMESTEADLANEFLINTL O C K T R L 96TH STREETWETLAND 3WETLAND 211032456789BLOCK 1OUTLOT AWETLAND 41112131415161742315OUTLOT BOUTLOTFOUTLOT EOUTLOTDOUTLOT BOUTLOTBBLOC K 1 BLOCK2 BL O C K 1 OUTLOT C OUTLOT GEAGLE RIDGE WAY EAGLE RIDGE EAGLE RIDGE ROADTEMPORARYCUL- DE- SACSTATE TRUNK HWY. NO. 101( GREAT PLAINS BLVD.) WETLAND 211032456789BLOCK 1OUTLOT AWETLAND 4OUTLOT EOUTLOT BB L O C K 1 EAGLE RIDGE 96THSTREETWETLAND31112131415161742315OUTLOTDOUTLOT BBLO C K 1 BLOCK 2 OUTLOTCEAG L E R I DG E R O A D96TH STREETPOND/ FILTRATION BASINNWL 882. 00HWL 885. 44W F F F F W W W WWW 12ERHART FARM PRELIMINARY EAGLE RIDGE ROAD PROFILEEAGLE RIDGE ROAD PROFILE13ERHART FARM PRELIMINARY EAGLE RIDGE WAY PROFILE96TH STREET PROFILE14ERHART FARM PRELIMINARY PLAT WWWW 15ERHART FARM PRELIMINARY PLAT AND PUD SUBMITTAL POND AND DRAINAGE DETAIL 733 EXCEPTIONEAGLE RIDGEROADTEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREAT PLAINS BLVD.)96THSTREETWETLAND3WETLAND211032456789BLOCK 1OUTLOT AWETLAND 41112131415161742315OUTLOT BOUTLOT BOUTLOT BBLOCK 1 BLOCK 2 BLOCK 1OUTLOT C EAGLE RIDGE ROCK CONSTRUCTION ENTRANCEWASHED ROCK ORWOOD/MULCH PERSPECIFICATIONS18" MINIMUM CUT OFF BERM TOMINIMIZE RUNOFF FROM SITENOTES: EXCEPTIONEXCEPTION EXCEPTIONEAGLE RIDGE ROAD TEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREATPLAINSBLVD.)C.S.A.H. NO. 17HOMESTEADLANEFLINTL O C K T R L 96TH STREETWETLAND 3WETLAND 211032456789BLOCK 1OUTLOT AWETLAND 41112131415161742315OUTLOT BOUTLOT FOUTLOT EOUTLOTDOUTLOT BOUTLOT BBLOC K 1 BLOCK 2 BL O C K 1 OUTLOT C OUTLOT GEAGLE RIDGE WAY EAGLE RIDGE ROADEA EAGLE RIDGE ROADTEMPORARYCUL- DE- SACSTATE TRUNK HWY. NO. 101( GREAT PLAINS BLVD.)WETLAND 211032456789BLOCK 1OUTLOT AWETLAND 4OUTLOT EOUTLOT BB L O C 96THSTREETWETLAND31091112131415161742315OUTLOTEOUTLOT DOUTLOT BBLO C K 1 BLOCK 2B L O C K 1OUTLOT CEAG L E R I DG E R O A D96TH STREETPOND/FILTRATION BASINNWL 882.00HWL 885.44LS20ERHART FARM EXCEPTIONEXCEPTION EXCEPTIONEAGLE RIDGE ROAD TEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREATPLAINSBLVD.)C.S.A.H. NO. 17HOMESTEADLANEFLINTL O C K T R L 96TH STREETWETLAND 3WETLAND 211032456789BLOCK 1OUTLOT AWETLAND 41112131415161742315OUTLOT BOUTLOT FOUTLOT EOUTLOTDOUTLOT BOUTLOT BBLOC K 1 BLOCK 2 BL O C K 1 OUTLOT C OUTLOT GEAGLE RIDGE WAY EAGLE RIDGE EAGLE RIDGE ROADTEMPORARYCUL- DE- SACSTATE TRUNK HWY. NO. 101( GREAT PLAINS BLVD.)WETLAND 211032456789BLOCK 1OUTLOT AWETLAND 4OUTLOT EOUTLOT BB L O C 96THSTREETWETLAND31091112131415161742315OUTLOTEOUTLOT DOUTLOT BBLO C K 1 BLOCK 2B L O C K 1OUTLOT CEAG L E R I DG E R O A D96TH STREETPOND/FILTRATION BASINNWL 882.00HWL 885.44LS23ERHART FARM 11032456789BLOCK1OUTLOTA11121314151617423INF/PONDINF/ PONDINF/PONDPONDINF/ POND15OUTLOT BOUTLOT FOUTLOT EOUTLOT DOUTLOT BOUTLOT BBLO C K 1 BLOCK 2 B L OC K 1 OUTLOT C OUTLOT GEAGLE RIDGE WAY EAGLE RIDGE ROADR O A D A96TH 11032456789BLOCK 1OUTLOT AOUTLOT EOUTLOT BB L O C K 1 EAGLE RIDGE WAY EAGLE RIDGE ROADEAGLE RIDGE ROADROAD A 25ERHART FARM PRELIMINARY 10911121314151617423INF/POND15OUTLOTEOUTLOTDOUTLOT BBLO C K 1 BLOCK 2 BL O C K 1OUTLOTCR O A D A96TH STREETPOND/FILTRATION BASINNWL 882.00HWL 885.44ROAD A 26ERHART EXCEPTIONEXCEPTION EXCEPTIONEAGLE RIDGE ROAD TEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREATPLAINSBLVD.)C.S.A.H. NO. 17HOMESTEADLANEFLINTL O C K T R L 96TH STREETWETLAND 3WETLAND 211032456789BLOCK 1OUTLOT AWETLAND 41112131415161742315OUTLOT BOUTLOT FOUTLOT EOUTLOT DOUTLOTBOUTLOT BBLO C K 1 BLOCK 2 B L O C K 1 OUTLOT C OUTLOT GEAGLE EAGLE RIDGE ROADTEMPORARYCUL- DE- SACSTATE TRUNK HWY. NO. 101( GREAT PLAINS BLVD.)WETLAND 211032456789BLOCK 1OUTLOT AWETLAND 4OUTLOT EOUTLOT BB L O C K 96THSTREETWETLAND31112131415161742315OUTLOTDOUTLOT BBLO C K 1 BLOCK 2OUTLOT CR O A D A96TH STREETPOND/FILTRATION BASINNWL 882.00HWL 885.4429ERHART 30ERHART FARM PRELIMINARY PLAT AND PUD SUBMITTAL TREE PRESERVATION PLAN - DETAILS 1 31ERHART FARM PRELIMINARY PLAT AND PUD SUBMITTAL SHEET NAME EXCEPTIONEAGLE RIDGEROADTEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREAT PLAINS BLVD.)WETLAND3WETLAND2WETLAND111032456789BLOCK 1OUTLOT AWETLAND 41112131415161742315OUTLOT BOUTLOT BOUTLOT BBLOCK 1 BLOCK 2 BLOCK 1OUTLOT 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. Seal) JEAI{M Efai tt st,&1 L elD d I @ \ r" a" aa$ st II rElo|ora5 ac 3 !€ fRf Disclairner 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 TAX_NAMEI aTAX_ADD_Llr tTAX ADD L2u Next Record,'(TAX_NAMET ITAX-ADD_Llr tTAX_ADD_L2r i Stto trt 9I o rsE\ st I stt^oo i I I LOCATION PROJECT 6h F/ FI 1 qr I 90, 0, EPo.3o.cc: l.- o 6P r! 8Ec\r d' Rg E eo:o- gE F-q o 9lod) q) o ooF. 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( (,(,r(rur(,r(,r( (,( h <h ah <tr 5 0rr 5 0r (h 5 5lvN)l\)NNl\.)l\, 19 l\) N.) ts a p i o N ur o ts tJ o o (h (o to lo (O (o (o (o (o (o. i. a G a. arr (., (6 (6 (o (E, (., (o (o (l, 66666000000000000000006660F (b O ts O O P Fr O (JJ l! (' hJ 5 l\J 5 I\,' 5UnL! an (o ts p 6 A u! \r th A rJ (O O (b q, { N., Ottsoo600r- ooooooo(r)oooooooo 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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G. d. uJ tr,l t rJ uJ Er uJ uJ rJJ uJ r,! tJ.r(, (, (, (, (9 (, (, ( 9 (, (, ( 9 (9 (, (9 (9 (9 (9oo o o o o o o o o o o o o o o o U (J (J U (J C( (J E G,E E 6,4E,E E, IE &EG G,G, r! uJ t! uJ u.l t! !! uJ trJ tfJ uJ tr,l uJ uJ uJ trJ ut ul t! t! uJ r! uJ 9(,(9(9(9(,(9(9(9(,(99(,99(,(,(,(,(,(,(,(, uJ trr Er r! uJ r! uJ r! uJ uJ uJ uJ t! uJ uJ uJ u.l tr.J u.loooo o rrl o l.) q) !,] o o ra o rn ra !/'t rn rn ra u) L,) N<l r, (o F @ @ Or 01 01 O Fr.\ fn <l + (o t\ 0o Or O .r N Or!-{ F{ i.a -{ Fl Fl Fl Fl !-l (! N N a,l N N a.,l N N N rn (n .Y, .'lo010) ol 01 (r1 (tl 0l or oi (l1 otqrqioororqiogrqlql qr 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 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 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