5 Land Use Amendment Plan
CITY OF PC DATE: 1/21/98 S
CHANHASSEN --J.
CC DATE: 2/9/98
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CASE #: 97-12 SUB
By: Generous:v
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STAFF REPORT
PROPOSAL:
Request for a land use plan amendment from Residential Large Lot to Residential
Low Density; request for rezoning of Lot 2, Block 1, Hillside Oaks, zoned A2 to
RSF: and subdivision QfLot 2, Block 1, Hillside Oaks, into 6 lots, Powers Circle
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LOCATION:
8800 Powers Boulevard, Lot 2, Block] , Hillside Oaks
APPLICANT:
Arild Rossavik.
8800 Powers Boulevard
Chanhassen, MN 55317
(612) 448-4844
PRESENT ZONING:
AgrIcultural Estate DIstrIct, Ai..
ACREAGE:
3.72 acres
DENSITY:
1.82 net, 1.61 gross
ADJACENT ZONING
AND LAND USE:
N - A2, existing house
S - A2, existing house
E - PUD, open space as part of the Lake Susan Hills development
W - PUD, single family homes of the Lake Susan Hills
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WATER AND SEWER:
Available to the site.
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PHYSICAL CHARACTER.: The site has significant topographic changes from a high of960 elevation
J in the northwest to a low point of 898 elevation in the southeast comer of
the parcel. Drainage ravines are located on the west and southwest comer
of the property. Wooded areas are located in the southwest comer of the
site.
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2000 LAND USE PLAN: Large Lot Residential
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Powers Circle
January 21, 1998
Page 2
PROPOSAL/SUMMARY
The applicant is requesting a land use plan amendment from Residential Large Lot to Residential
Low Density and rezoning of Lot 2, Block 1, Hillside Oaks, zoned A2 to RSF to permit the
subdivision of Lot 2, Block 1, Hillside Oaks, into 6 lots for a development to be known as Powers
Circle.
As part of the 1980 Chanhassen Comprehensive Plan, this parcel as well as the rest of Hillside
Oaks subdivision was guided for Residential Low Density. After the final plat for Hillside Oaks
was approved and in exchange for MUSA expansion elsewhere, this property was reguided for
estate type development. However, as part of the original plat, it was envisioned that when urban
services became available, this property would redevelop, but with larger lots.
Staff has gone back and forth regarding the request to reguide the property from Large Lot to Low
Density Residential. When originally presented to staff in 1997 with both Lots 1 and 2, staff felt
supportive of the redevelopment of the parcel. This was because the property was not strictly a part
of the established Large Lot development accessed via Oakside Circle. Rather, these two properties
were separate with a shared driveway off Powers Boulevard. Development of the properties at
urban density would not change the character of the area, but would be compatible with
surrounding development. These properties were surrounded on three sides by Low Density
Residential Development in the Lake Susan Hills PUD. As part of the upgrade of Powers
Boulevard, sewer and water services were extended down to Lyman Boulevard to serve abutting
parcels. Redevelopment of the properties would assist in paying for these public improvements.
Redevelopment of these parcels would use existing public facilities, rather than requiring the
extension of additional trunk sewer and water lines. Powers Boulevard is shown as a collector
roadway and will continue to carry high volumes of traffic.
The proposed development changes one significant element from the above review. In this
instance, only one lot is being proposed for redevelopment, Lot 2. Of the two lots, this lot
represents 59.9% of the land area of the lots. However, this lot represents only 50 percent of the
property ownership. If this development is approved, then Lot 1 would be surrounded on four sides
by urban density development and inevitably be forced to redevelop.
The proposed subdivision minimally meets ordinance requirements and is, at best, a marginal
development proposal. The three lots abutting Powers Boulevard are much too small considering
that Powers Boulevard is a collector roadway and will carry high traffic volumes in the future. The
site grading significantly impacts that natural character of the site, and even if approved, would
require significant changes. The two lots on the west side of the development would be conducive
to tuck-under type units, ones that are not well received in the existing real estate market.
Powers Circle
January 21, 1998
Page 3
Staffis, therefore, recommending denial of the Land Use Map Amendment, rezoning and
preliminary plat due to inconsistency with the comprehensive plan.
BACKGROUND
February, 1972. The property was zoned R-lA,Agricultural Residence District as part of the
original city zoning.
July, 1980. The property was granted preliminary approval for a Planned Residential development
as part of the preliminary development plan for Lake Susan West P.R.D. Since a final plat was
never filed on the project, the approved rezoning was never filed or published.
May 7, 1984. Final plat approved for Hillside Oaks Subdivision (84-2 Subdivision).
September, 7, 1984. The City approves a land use map amendment from Residential Low Density
to Agricultural and deletes the property from the MUSA in exchange for 22 acres of industrial land
(McGlynns) and 7.3 acres of residential land northeast of Lake Minnewashta.
February, 1987. Property rezoned to A2, Agricultural Estate District as part of comprehensive
rezoning of the city.
February, 1991. Property brought back into the Metropolitan Urban Service Area (MUSA) and
guided for Large Lot Residential.
Summer, 1997. Property owners for Lots 1 and 2 brought in preliminary plat for both lots including
a land use map amendment and rezoning to single family residential. The property owner for Lot 1
decided not to go forward with the project and the application was withdrawn.
LANDSCAPING/TREE PRESERVATION
The existing canopy coverage for the site is approximately 17%, or .65 acres and is located on the
western side of the property. Minimum canopy coverage requirements for the property, whether
it is zoned A2 or RSF, is 25% or .925 acres. This equates to 11 trees. The existing topography
contains a very steep, partially wooded slope along the westerly portion of the site. The westerly
portion of the site contains a variety of trees, shrubs and conifers. Portions of the ravine system
meet the City Ordinance definition of bluff (30% slope and 25+ feet elevation change) and must
be preserved.
With the current proposal for six lots, existing tree cover will be lost due to road construction and
grading for Lots 1,2, and 4. Total canopy lost is approximately.19 acres and it is in excess of
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January 21, 1998
Page 4
what is allowed by ordinance so replacement plantings must be made at a rate of I .2 times the
.19 acres. The total replacement plantings equal 9 trees.
The applicant will be required to plant 20 trees in the proposed subdivision. Staff recommends
each lot be provided with two trees in the front yard, including the existing home. The remaining
10 trees could be planted on the south side to shield the neighboring property from headlight
glare from the private drive and on the north side of Lot 1.
Buffer yard planting will be required along Powers Boulevard. Since Lots 1-3 have relatively
short distances from the property line along Powers Blvd. to the home, more densely planted
buffers will be required. For every 100',2 overstory trees, 4 understory trees and 6 shrubs will
be required. The approximate length is 320 feet.
GRADING
Approximately two-thirds of the site is proposed to be graded for the house pads and street
layout. The existing topography contains a very steep, partially wooded slope along the westerly
portion of the site. The westerly portion of the site contains a variety of trees, shrubs and
conifers. In addition, two drainage ravines also intersect the parcel on this west slope. Although
these ravines are no longer functioning as major drainage ravines due to previous upstream
development, they do act as a conduit to neighborhood drainage and need to be preserved. The
plans propose on grading Lot 4 for a house pad which will result in tree loss and partial filling of
the ravine. An alternative, in an effort to preserve the slopes, trees and ravine, would be to move
the house pad closer to the front of the lot away from the slope and treed area. This holds true for
Lot 6 as well. This lot is proposed to be "custom graded." The proposed grading limits shown
on the grading plan will permit grading from lot line to lot line and essentially alter the entire
slope. Due to this steep slope, this lot is conducive to a tuck-under type home style which
minimizes the lot grading. Another alternative would be again to move the house pad down the
hill closer to the cul-de-sac and consider the possibility of reducing the building setbacks from 30
feet to 20 feet. Since both Lots 4 and 6 are in sensitive areas, they should be labeled as custom-
graded lots. A detailed grading, drainage, tree removal and erosion control plan will be required
at time of building permit application for staff review and approval in an effort to minimize tree
loss and reduce grading impacts to the ravine. In addition, a preservation easement should be
recorded over the westerly portion of the site to preserve topography and trees.
It appears that fill material will need to be imported to construct the lots and streets. The
applicant and/or contractor shall supply the City Engineer with a haul route for review and
approval prior to grading activities commencing.
This development is adjacent to Powers Boulevard (County Road 17) which is listed as a
collector street in the City's Comprehensive Land Use Plan. According to City Code, the
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January 21, 1998
Page 5
development will require screening the adjacent lots from Powers Boulevard. Given the drainage
characteristics and topographic features of the site, landscaping and separated berms are
recommended. The separated berms will provide openings for the runoff to drain out to Powers
Boulevard as it does today.
A retaining wall is proposed along the north side of Powers Circle to reduce the grading limits.
The retaining wall will be located within the proposed right-of-way. An encroachment
agreement will be necessary for the construction of said retaining wall. An existing driveway
which serves the parcel to the north may be impacted by this retaining wall as well and should be
furthered addressed prior to final plat consideration.
The City has planted a number of boulevard trees along Powers Boulevard which are not shown
on the plans. In addition, there are a number of conifer trees on the site that are not shown on the
plans as well. These trees need to be shown on the plans to determine what, if any, impact the
trees will sustain.
DRAINAGE
The site drains west to east onto Powers Boulevard where a storm drainage system collects
stormwater runoff and carries it to a stormwater quality pond for pretreatment prior to
discharging into the downstream wetland. The storm sewer improvements were constructed
under the City/County Powers Boulevard Project. The parcel was not assessed for any storm
drainage improvements and therefore should be responsible for surface water management fees.
The plans do not propose installing a storm water quality pond on the site nor are any
recommended. The plans do propose two catch basins to convey stormwater runoff from Powers
Circle into the existing drainage system on Powers Boulevard. Detailed storm sewer plans and
specifications in accordance with the City's latest edition of Standard Specifications & Detail
Plates will be required for review and approval at time of final plat consideration. In addition,
storm drainage calculations for a 10-year and 100-year, 24-hour storm event shall be submitted to
the City Engineer for review and approval along with a drainage area map.
UTILITIES
There is an existing home on the site which utilizes a well and septic system. The plans propose
to abandon the existing well. However, there was no notation with regard to the septic system.
Staff assumes that the septic system site will be abandoned as well once City sewer and water
becomes available. In the meantime, the existing septic site will need to be protected during the
construction phase. The lot owner and/or builder of each lot will be responsible for sewer and
water hookup charges per City ordinance. The 1998 sewer and water hookup rates are $1,216
and $1,584, respectively. These fees are payable at time of building permit issuance.
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January 21, 1998
Page 6
In conjunction with the Powers Boulevard project municipal sewer and water service was
extended to serve this parcel and the one to the north. An 8-inch sewer line has been extended
out along the northerly lot line of the site from Powers Boulevard. In order to extend the sanitary
sewer line, the applicant may need to obtain a temporary construction easement from the adjacent
property owner to the north. A 6-inch watermain is proposed to be extended into the site along
Powers Circle and then along the private street and terminating. In an effort to improve water
quality, staff recommends that this 6-inch water line be looped back to Powers Boulevard
between Lots 2 and 3. A 20-foot wide drainage and utility easement will need to be dedicated
along the common lot lines of Lots 2 and 3 in the final plat. In addition, utilities along the
private street will also need to have a drainage and utility easement dedicated over them. The
minimum width should be 20 feet depending on the utility depth.
Detailed utility construction plans and specifications in accordance with the City's latest edition
of Standard Specifications and Detail Plates will be required for review and approval by the City
Council at time of final plat consideration. Since the utilities and part of the street improvements
will become owned and maintained by the City, the applicant shall enter into a development
contract with the City and provide financial security in the form of a letter of credit or cash
escrow to guarantee construction of the public improvements.
STREETS
Access to the site is proposed by both a public street (Powers Circle) and a private street to serve
up to four of the lots (2, 3, 4 and 5). Based on the surrounding parcels, there appears to be no
need to extend a public street to the south. The adjacent parcel has access from Oakside Circle
immediately south of the development. The parcel to the north will have access from Powers
Circle. The street width and right-of-way for Powers Circle per City ordinance shall be 31 feet
back-to-back within the 60-foot wide right-of-way. The plans propose a 34-foot wide face-to-
face street within a 60-foot wide right-of-way. Therefore, the street width should be reduced to
31 feet back-to-back. Access to the site from Powers Boulevard does have a right turn lane
provided. Therefore, no additional turn lanes will be necessary. The existing driveway access
from Powers Boulevard currently serves two homesteads (Rossavik) and the parcel to the north.
In conjunction with the proposed street improvements, the driveway for the parcel to the north
will need to be modified to adapt to the new street grade. As a result of this project, both homes
will be required to change addresses to correspond to the new street name. In addition, a fire
hydrant and street light pole will need to be relocated. The developer will be responsible for the
relocation of these utility improvements.
WETLANDS
There are no wetlands on this site.
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January 21, 1998
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SURFACE WATER MANAGEMENT PLAN (SWMP)
Water Ouantity Fees The SWMP has established a connection charge for the different land uses
based on an average city-wide rate for the installation of water quantity systems. This cost includes
land acquisition, proposed SWMP culverts, open channels and storm water ponding areas for runoff
storage. Single family residential developments have a connection charge of $1 ,980 per
developable acre.
Water Quality Fee
The SWMP has established a water quality connection charge for each new subdivision based on
land use. Dedication shall be equal to the cost of land and pond volume needed for treatment of the
phosphorus load leaving the site. The requirement for cash in lieu of land and pond construction
shall be based upon a schedule in accordance with the prescribed land use zoning. Values are
calculated using market values ofland in the City ofChanhassen plus a value of$2.50 per cubic
yard for excavation of the pond. The proposed SWMP water quality charge for single family
resident developments is $800 per acre. SWMP fees for this proposed development are based on a
total developable land area of 2.9 acres. This area does not include the existing house located on
Lot 5. Under SWMP rules, existing homes are not to be assessed SWMP connection fees.
Therefore, the applicant is required to pay a $ 2,320 in water quality fees.
Water Quantity Fee
The total net area of the property is 2.9 acres ofSRF minus the existing lot, as discussed above.
The water quantity connection charge is $1,980 per acre or $ 5,742 for 2.9 acres. These SWMP
fees will be due payable to the City at time of final plat recording.
SWMP Credits
As part of the Powers Boulevard Construction project the City built both water quantity and water
quality ponds to service this area under ultimate development conditions. Therefore, the applicant
is not eligible for SWMP credits and is require to pay the full quantity and quality fees.
Analysis:
Onsite utilities. The existing well may continue to be used on future Lot 5 after City utilities are
provided to the lot. The well must be abandoned by a licensed well abandonment contractor if its
use is discontinued.
The existing ISTS (individual sewage treatment system) must remain undisturbed until the existing
home is connected to City sewer. The system should be located and protected before site grading
begins.
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January 21, 1998
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The septic tank for the ISTS must be properly abandoned by a licensed ISTS pumper.
Abandonment includes pumping, removing or destroying the tank and filling the excavation or the
destroyed tank. Proof of abandonment must be furnished to the Inspections Division before
issuance of any building permits in the subdivision.
Soils Report. Before building permits can be issued a soils report showing details and locations of
house pads and verifying suitability of natural and fill soil is required. The soils report should
include lot-by -lot tabulations for land development with controlled earthwork prepared according
to HUD Data Sheet 79G. This information is required in order to be able to review building plans.
Addressing. The house directly to the north of the proposed subdivision will be accessed from
Powers Circle. This new driveway location will require an address change for that home. The
existing home within the proposed subdivision will also require an address change.
PARK AND RECREATION
The developer is not donating any park or trail land and there is no need in this area. Payment of
full park and trail fees is required per city ordinance.
REZONING/COMPREHENSIVE PLAN
The existing land use designation of the property is for Large Lot Residential. This area has been
developed with single homes on larger lots. The parcel abuts a collector roadway. Chanhassen is a
high amenity community. One of the amenities is that we have a large range of residential land
uses from large lot to high density. Maintaining this mixture is one of the city's goals. In addition,
the community highly regards its natural environment including trees, slopes, vistas, and
uncluttered open spaces. The development, as proposed, significantly impacts these features.
Hillside Oaks was developed as a Large Lot development and has maintained that character. While
staff believed that the conversion of both Lots 1 and 2 may not have signitlcantly impacted the
character of the area, conversion of only Lot 2 definitely impacts the character of Lot 1. Staff has
consistently supported the idea that only if a majority of property owners in an existing area carne in
requesting land use amendments, rezoning, or intensification of uses, we would more positively
support the conversion of those uses. The property owners of Lots 1 and 2 bought into a large lot
type development. Lots 1 and 2 are intertwined, due to shared access to Powers Boulevard, and
either both should be redeveloped or neither be redeveloped. Staff believes that conversion of one
lot without the other would be inconsistent with the Comprehensive Plan.
FINDINGS
1. The proposed subdivision is consistent with the zoning ordinance;
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January 21,1998
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Finding: The proposed subdivision minimally meets ordinance requirements and is,
at best, a marginal development proposal. The three lots abutting Powers Boulevard
are much too small considering that Powers Boulevard is a collector roadway and
will carry high traffic volumes in the future. Due to site topography, it would be
difficult, if not impossible, to adequately buffer these lots from noises and lights
along the collector roadway. The site grading significantly impacts that natural
character of the site, and even if approved, would require significant changes. The
two lots on the west side of the development intrude into a bluff area with the
preliminary grading plan. The proposed development does not meet the
requirements of the A2 district.
2. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
Finding: The proposed development is inconsistent with the intent of the
comprehensive plan and unduly impacts an existing land use as well as natural
features. It has been the policy of the city that if a majority of property owners in
an existing area came in requesting land use amendments, rezoning, or
intensification of uses, the city would consider the request in a more positive light.
3. The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stonn water
drainage are suitable for the proposed development;
Finding: The proposed site is suitable for development subject to significant
revisions to the development plan specified in this report. Due to topography, the
proposed development would need to be revised to preserve additional natural
features.
4. The proposed subdivision makes adequate provision for water supply, stonn drainage,
sewage disposal, streets, erosion control and all other improvements required by this
chapter;
Finding: The proposed subdivision would be served by adequate urban
infrastructure.
5. The proposed subdivision will not cause environmental damage;
Finding: The proposed subdivision will cause environmental damage to site
topography through grading and removal of vegetation. Significant revisions to the
plan would be required to mitigate the damage. In addition, restrictions on the
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January 21, 1998
Page 10
housing types would be necessary to reduce the developments impacts on natural
features and abutting property.
6. The proposed subdivision will not conflict with easements of record.
Finding: The proposed subdivision will not conflict with existing easements, but
rather will expand and provide all necessary easements.
7. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
a. Lack of adequate storm water drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer systems.
d. Lack of adequate off-site public improvements or support systems.
Finding: The proposed subdivision is provided with adequate urban infrastructure.
However, as stated previously, it has been the policy of the city that if a majority of
property owners in an existing area came in requesting land use amendments,
rezoning, or intensification of uses, the city would consider the request in a more
positive light. From that standpoint, this project is premature.
PLANNING COMMISSION UPDATE
The Planning Commission held a public hearing on January 21, 1998 to review the proposed
development. The Planning Commission voted unanimously to recommend denial of the proposed
land use map amendment, rezoning, and preliminary plat. The Planning Commission stated that
they did not believe that there was a compelling reason to change the land use of the property.
RECOMMENDA TION
Staff recommends that the City Council adopt the following motions:
"The City Council denies the Land Use Map Amendment from Residential - Large Lot to
Residential Low Density for Lot 2, Block 1, Hillside Oaks."
"The City Council denies the rezoning from A2, Agricultural Estate District, to RSF, Single
Family Residential, for Lot 2, Block 1, Hillside Oaks, due to inconsistency with the
comprehensive plan."
Powers Circle
January 21, 1998
Page 11
"The City Council denies the preliminary plat of Subdivision 97-12 creating six lots for the
Powers Circle Addition subject to not complying with the land use designation and zoning
requirements."
If the City Council decides to approve the Land Use Map Amendment and rezoning, then staff
would recommend the following conditions be imposed on the preliminary plat:
1. Canopy coverage and reforestation requirements are 20 overstory trees.
2. Two trees shall be planted in each front yard, including the existing home.
3. The applicant must submit a landscape plan that includes species and placement ofthe 20
trees and buffer plantings prior to final approval.
4. Buffer yard plantings are required along Powers Boulevard. A minimum of7 overstory, 12
understory and 19 shrubs shall be planted.
5. The applicant is required to pay the full storm water quantity ($5,742.00) and quality
($2,320.00) fees prior to recording the final plat.
6. A preservation easement shall be recorded over the westerly portion of the site to preserve
topography and trees. This easement shall include land west of a line beginning at a point on
the south line of Lot 4,80 feet east of the westerly property line, to a point on the north
property line of Lot 4, 180 east of the westerly property line, and west of a line beginning at a
point on the south line of Lot 5, 180 feet east of the westerly property line, to a point on the
north property line of Lot 5,50 east of the westerly property line, and west ofa line beginning
at a point on the south line of Lot 6,50 feet east of the westerly property line, to a point on
the north property line of Lot 6, 50 east of the westerly property line, there terminating.
7. Lots 4 and 6 shall be designated as "custom graded" lots. Lot 6 shall be limited to a rambler
or tuck-under style home. Detailed grading, drainage, erosion control removal and erosion
control plans shall be submitted to the City at time of building permit application for review
and approval.
8. The applicant and/or contractor shall supply the City Engineer with a detailed haul route for
review and approval prior to site grading.
9. A combination oflandscaping, berming, and/or fencing shall be installed adjacent to Powers
Boulevard (County Road 17) to provide screening in accordance with City Code.
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January 21, 1998
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10. The grading plan shall be revised as follows:
a. Locate all existing trees on the site including the City's boulevard trees along Powers
Boulevard.
b. Relocate the proposed house pads on Lots 4 and 6 further down the slope and label them
as "custom graded."
11. The developer shall be responsible for the applicable surface water management fees. Lot 5
with the existing homestead shall be exempt from these fees.
12. The developer shall supply the City Engineer with storm drainage calculations for a 10-year
and 100-year, 24-hour storm event for review and approval along with a drainage area map.
13. Existing well and septic site shall be protected during construction and properly abandoned in
accordance with City Code and the Minnesota Department of Health once the sewer and
water lines become operational and are accepted by the City.
14. The applicant may need to obtain a temporary construction easement from the adjacent
property owner to the north for extension of the sanitary sewer and street improvements.
15. Detailed utility and street construction plans and specifications shall be prepared and
submitted in accordance with the City's latest edition of standard specifications and detailed
plates for City Council approval at time of final plat consideration.
16. The developer shall enter into a development contract with the City and provide financial
security in the form of a letter of credit or a cash escrow to guarantee construction of the
public improvements and compliance with the Conditions of Approval.
17. The watermain shall be looped back through the subdivision between Lots 2 and 3.
18. The property owner and/or builders shall be responsible for the appropriate sanitary sewer
and water hook up charges at time of building permit issuance.
19. The street width on Powers Circle shall be reduced to 31 feet back-to-back within the 60-foot
wide right-of-way.
20. The existing driveway to the parcel to the north shall be modified to adapt to the new street
(Powers Circle). The developer shall be responsible for all costs associated with the
modifications. The developer shall be responsible for modifying the existing driveway which
serves the parcel to the north as a result of this plat development.
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January 21, 1998
Page 13
21. The existing home on Lot 5 and the home on the parcel to the north of the site shall be
assigned a new address through the Public Safety Department. The developer shall be
responsible for all costs associated with fire hydrant and street light pole relocation at the
entrance to the site.
22. The developer shall pay the City applicable GIS and recording fees.
23. All disturbed areas as a result of construction activities shall be immediately restored with
seed and disc mulch or wood fiber blanket or sod within two weeks of completion of each
activity in accordance with the City's Best Management Practice Handbook.
24. The private street shall be constructed to support 7-ton per axle design weight in accordance
with City Code 20-1118, "Design of Parking Stalls and Drive Aisles."
25. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e.
Carver County, Watershed District, Metropolitan Waste Control Commission, Health
Department, Minnesota Pollution Control Agency and comply with their conditions of
approval.
26. Fire hydrants shall be incorporated per the Fire Marshal's recommendations.
27. The developer shall include a drainage tile system behind the curb to convey sump pump
discharge from the units not adjacent to ponds and/or wetlands. This includes the private
street.
28. The appropriate drainage and utility easement shall be dedicated on the final plat for all
utilities and drainage areas lying outside of the road right-of-way. The easement width shall
be a minimum of 20- feet wide. Consideration shall also be given for access to the utility
areas.
29. The applicant shall report to the City Engineer the location of any draintiles found during
construction and shall relocate or abandon the draintiles as directed by the City Engineer.
30. Direct access shall be restricted to the interior streets and not to Powers Boulevard.
31. The developer shall work with City staff in reducing encroachment of the retaining wall into
the right-of-way along Powers Circle. If there is no other feasible alternative, the developer
shall enter into an encroachment agreement with the City.
Powers Circle
January 21, 1998
Page 14
32. A 10 foot clear space must be maintained around fire hydrants, i.e. street lamps, trees, shrubs,
bushes, NSP, US West, cable TV and transformer boxes. This is to ensure the fire hydrants
can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City
Ordinance 9-1.
33. The proposed hydrant at the end located between Lots 3 and 4 should be relocated closer to
the intersection of Lots 2 and 4. Contact Chanhassen City Engineer and Chanhassen Fire
Marshal for exact location of relocation of fire hydrants.
34. "No Parking Fire Lane" signs shall be installed on the road which serves Lots 2,3,4 and 5.
Pursuant to Chanhassen Fire Prevention Policy #06-1991 (copy enclosed).
35. Locate and protect the existing septic tank and sewage treatment drainfield until connection to
City sewer. This must be done before site grading begins.
36. Provide proof ofISTS abandonment from an MPCA licensed ISTS pumper. This must be done
before any building permits are issued.
37. Provide proof of well abandonment, if applicable. This must be done before any building
permits are issued. The well must be protected during site grading.
38. Provide a copy of a final soils report for all building pads. The report should include 79G lot-
by-lot tabulations.
39. 8750 Powers Blvd. and 8800 Powers Blvd. will both require address changes.
40. Payment of full park and trail fees per city ordinance."
ATTACHMENTS:
1. Development Review Application
2. Letter from Jay Riggs to Arild Rossavik dated May 1, 1997
3. Letter from Bill Weckman, Asst. County Engineer, dated January 9, 1998.
4. Chanhasseh Fire Department Policy Requirements for Fire Lane Signage
5. Notice of Public Hearing and Mailing List
6. Reduced Preliminary Plat
7. 1984 Resubdivision Sketch plan
8. Planning Commission Minutes of 1/21/98
9. Letter to Members of the Planning Commission dated 1/20/98
10. Petition in opposition to proposed development of Arild Rossavik
11. Preliminary plat and grading plan dated 12/19/97
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CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
APPLlCANT: f14( I ( D</(O SS+! V 1 K
ADDRESS: ~ ~ 00 70WEOl5> 'RLi/p
( 1+ R N H F1 s,S E N t1 tv :; >' ~ (1-
TELEPHONE (Day time) Lt <7' g y g y y
OWNER: rr-,;J ~ (j( ~ ~
ADDRESS: ~ cg 0 () ~ ~ '! ~
C~CU\.k~ MN ~>3,11-
TELEPHONE: 4- y ~ 4< S? <:t Y
~ Comprehensive Plan Amendment _ Temporary Sales Permit
500
- Conditional Use Permit - Vacation of ROW/Easements
- Interim Use Permit - Variance
_ Non-conforming Use Permit - Wetland Alteration Permit
_ Planned Unit Development* _ Zoning Appeal
~ Rezoning SUO _ Zoning Ordinance Amendment
_ Sign Permits
J
_ Sign Plan Review V Notification Sign /50. .....-
- Site Plan Review* ~ Escrow for Filing Fees/Attorney Cost**
($50 CUP/SPRlVACNARlWAP/Metes
and Bounds. $400 Minor SUB)
v Subdivision* L1~o TOTAL FEE $ 1(,..,4 'b ,(.'I"\)
A list of all property owners within 500 feet of the boundaries of the property must be included with the
application.
Building material samples must be submitted with site plan reviews.
"'Twenty-six full size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy of
transparency for each plan sheet.
- Escrow will be required for other applications through the development contract
NOTE - When multiple applications are processed. the appropriate fee shall be charged for each application.
PROJECT NAME
LOCATION
r:pOWf(f(S
<g ~oo ?~
{.,.A-
-
6--
LEGAL DESCRIPTION -----1d- L ~ ~
TOTAL ACREAGE Lt
WE11.ANDS PRESENT
PRESENT ZONING
YES
V NO
REQUESTED ZONING
~-L- f:f2
1(.s~
L ~..c..
/ o-LV-
tv(- ~~tvL
~~~ ~cA
s...uLct:~A ~ )-..J-~b
~rJ-- ~ (~-.
PRESENT lAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
REASON FOR THIS REQUEST T 0-
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning
Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within ten business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within ten business days of application.
This is 10 certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either
copy of Owner's Duplicate Certificate of Tjtle, Abstract of Title or purchase agreement), or I am the authorized person to make
this application and the fee owner has also signed this application.
, 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. The documents and information I have submitted are true and correct to the best of
my knowledge.
The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
extension for development review. Development review shall be completed within 120 days unless additional review
extensions are approved by the applicant.
St-~~A- ex ~CUMX
Si9nature of Applicant
J+~lt \T( ~ ~
Signature of Fee Owner
Application Received on /2.//1 I q '7 Fee Paid
\ Z-/Is-l 'r---
Date
I? (( ~- - 7 7-
Date
/0 '-It). ~ Receipt No.
The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting.
If not contacted, a copy of the report will be mailed to the applicant's address.
Westwood Professional Services. Inc.
'"
May 1, 1996
14180 Trunk Hwy. 5
Eden Prairie. MN 55344
612.937.5150
FAX 612.937.5822
Mr. Arild Rossavik
8800 Powers Boulevard
Chanhassen, MN 55317
Re.: Wetland determination for the parcel located in the East Half of the Northwest Quarter of
Section 23, Township 116 North, Range 23 West, Chanhassen, Minnesota.
Dear Arild:
Per your request. I reviewed the site at 8750 and 8800 Powers Boulevard to determine the absence or
presence of jurisdictional wetlands. Based on the methodologies described below, there are no wetlands
on the parcel.
Wetland Determination Methodology
The site was reviewed in the field on April 30, 1996 using the Corps of Engineers Wetlands Delineation
Manual (Environmental Laboratory, 1987). This manual is currently followed to cldineate wetlands
regulated under both the Mmnesota Wetland Conservation Act of 1991 (as amended) and Section 404 of
the Federal Clean Water Act.
Background Data
Background data used to identify potential wetland areas before conducting the field review include
National Wetlands Inventory (NWI) mapping and the Soil Survey of Carver COlln!.v. No wetlands or
hydric soils were identified on either of these sources. The Soil Survey shows four gullies transecting the
site from east to west.
Field Review Findings
Site topography slopes steeply from the west to east, and the eastern edge of the site abuts Powers
Boulevard (County Road 17). The four gullies shown on the Soil Survey are readily observable in the
field, but, as noted below, none of them have wetland hydrology. No other drainage patterns, depressional
areas, or other landscape features indicate potential wetland areas.
In summary:
1. No direct or indirect evidence of hydrology was observed. Vegetation, topography, and upslope
drainage modifications provide adequate evidence to indicate the site lacks \\'etland hydrology. The
gullies on the site were likely eroded by drainage tile outlets that served the cropland that was
located on top of the hill. These tiles have been removed (or cut) and have not functioned for a
number of years. All of the land above the gullies has been converted to single-family residential
uses, and the uppermost portions of the gullies are filled.
2. The outlets of the gullies are dominated by plants that seldom or rarely grow in wetlands, including
smoothbrome (Bromus inermis; UPL), staghorn sumac (Rhus typhina, prickly ash (Zanthoxylem
americanum; F ACU-), Kentucky bluegrass (Poa pratensis; F AC-), and Canada goldenrod
Mr. Arild Rossavik
May I, 1996
Page 2
(Solidago canadensis; F ACU). The northernmost gully exhibits some wetland vegetation
including black willow (Salix nigra; OBL) and red-osier dogwood (Cornus stolonifera; FACW),
however these plants are remnant from when the tile or drainage outlet that created this gully was
functioning.
3. The Soil Survey, predominance of upland vegetation, and significant modifications to the drainage
area that historically served the gullies provide adequate data to determine no hydric soils exist on
the site.
For these reasons, we submit that no wetlands exits on the site.
Conclusions
The site does not appear to contain any jurisdictional wetlands. If you have any questions, or if we can be
of further assistance, please give me a call at 937-5150.
Respectfully,
WESTWOOD PROFESSIONAL SERVICES, INe.
9a
Jay Riggs
Environmental Scientist
t:
PUBLIC WORKS DEPARTMENT
~;.J 3*,,~iV':':'-:'~
Carver County Government Center
Administration Building
600 East Fourth Street
Chaska, Minnesota 55318-2192
Phone (612) 361-1010 Fax (612) 361-1025
Administration
Parks
Engineering
Highway Maintenance
Surveying & Mapping
CARVER
COUNTY
January 9, 1998
TO:
FROM:
SUBJ:
Robert Generous, Senior Planner, City of Chanhassen
Bill Weckman, Assistant County Engineer ,..t;01,J
Lot 2, Block 1, Hillside Oaks 1)'1'
Planning Case 97-12 SUB
Following are comments regarding the Hillside Oaks, Lot 2, Block 1 land use amendment request
transmitted to Carver County by your memorandum dated December 22, 1997:
1. CSAH 17 {Powers Blvd.} has just recently been reconstructed in this area as a divided
roadway. Right of way requirements were addressed then as part of the project. No
additional right of way considerations are needed by the County at this time.
2. The plan that was submitted indicates that a public street access will be constructed to
serve these 6 proposed lots. The plan also appears to indicate that the property to the
north will have its own private access to CSAH 17. Attached for your information is a copy
of the original access permit when these properties were developed. As stated on this
permit, {1.} One access was permitted to serve Lots 1 and 2; {2.} In the event that Lots 1
and 2 are further subdivided, no additional access points will be granted for the new lots;
{3.} No medium cut or cross over will be allowed for access to north bound CSAH 17. The
addition of a new access will not be permitted.
3. Any public utility lines that are to be installed within the CSAH 17 right-of-way are subject to
the utility permit requirements of Carver County.
4. Any proposed grading and installation of drainage structures within the right-of-wcv of
CSAH 17 is subject to review and approval of the county highway department.
5. Development activities {including the installation of both public and private utilities needed
to serve the development site} that result in any disturbance of the county highway right-of-
way {including turf removal, trench settlements, erosion, and sediment deposits} need to be
completed in a manner that leaves the right-of-way in "as good or better condition" than
what existed prior to construction. It is requested that the city include a provision in the
developer's agreement that requires the developer to be ultimately responsible for the final
condition of the county highway right-of-way. A clear understanding of this responsibility
will result in fewer project oversight problems for both the county and the city.
Aj}inn!llil'e Action/Equal Opportunity Employer
Printed Oil IO'?" Post-Conswner Recycled Paper
6. Any trees or landscaping completed within the right-of-way must be approved by the
County. When locating shrubs and trees, consideration should be given to maintaining an
acceptable sight distance at the CSAH 17 intersection. Any trees or shrubs overhanging
into the right-of-way could be subject to trimming for safety or overhead utility
consideration.
7. As this area develops, the traffic on CSAH 17 will increase. The increased traffic will
generate an increased noise level. The County would consider any type of noise
abatement project, if necessary, to be the responsibility of the City or the developer.
Thank you for the opportunity to comment on the preliminary plat for the proposed development.
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C ITV OF
CHANHASSEN
690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN. MINNESOTA 55317
(612) 937-1900. FAX (612) 937-5739
cHANHASSEN FIRE DEPARTMENT POLICY
REQUIREMENTS FOR FIRE LANE SIGNAGE
1. signs to be a minimum of 12" x 18".
NO
PARKING
FIRE
LANE
2. Red on white is preferred.
3. 3M or equal engineer's grade
reflective sheeting on aluminum
is preferred.
4. Wording shall be:
NO PARKING
FIRE LANE
5. signs shall be posted at each end
of the fire lane and at least at
7'0" 75 foot intervals along the
fire lane.
6. All signs shall be double sided
facing the direction of travel.
7. Post shall be set back a
minimum of 12" but not more than
36" from the curb.
(NOT TO
SCALE)
GRADE
8. A fire lane shall be required in
front of fire dept. connections
extending 5 feet on each side and
along all areas designated by the
Fire Chief.
ANY DEVIATION FROM THE ABOVE PROCEDURES SHALL BE SUBMITTED IN
WRITING, WITH A SITE PLAN, FOR APPROVAL BY THE FIRE CHIEF. IT IS
THE INTENTION OF THE FIRE DEPARTMENT TO ENSURE CONTINUITY
THROUGHOUT THE CITY BY PROVIDING THESE PROCEDURES FOR MARKING OF
FIRE LANES.
/
i:~/1------
Approved - public Safety Director
Chanhassen F ire Department
Fire prevention
Policy #06-1991
Date: 1/15/91
Revised:
Page 1 of 1
n
~J PRINTED ON RECYCLED PAPER
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION
Wednesday, January 21, 1998
at 7:00 p.m.
City Hall Council Chambers
690 Coulter Drive
~
SUBJECT: Land Use Plan Amendment,
Rezoning and Subdivision
-lJD
~I
i
I
I
APPLICANT: Arild Rossavik
LOCATION: Lot 2, Block 1, Hillside Oaks
8800 Powers Blvd.
NOTICE: You are invited to attend a public hearing about a proposal in your area. The
applicant, Arild Rossavik, is requesting a land use plan amendment from Residential Large
Lot to Residential Low Density; rezoning from Al, Agricultural Estate to RSF, Residential
Single Family; and subdivision of Lot 2, Block 1, Hillside Oaks into 6 lots located at 8800
Powers Blvd.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the
developer's request and to obtain input from the neighborhood about this project. During the
meeting, the Commission Chair will lead the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The Developer will present plans on the project.
3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses project. The commission will then
make a recommendation to the City Council.
Questions and Comments: If you want to see the plans before the meeting, please stop by City
Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to
someone about this project, please contact Bob at 937-1900 ext. 141. If you choose to
submit written comments, it is helpful to have one copy to the department in advance of the meeting.
Staff will provide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on January 8, 1998.
~. I .
, I'
, {
/(( .:'
__.r
HARLAN BLANKENSHIP
8805 SUNSET TRAIL
CHANHASSEN. MN 55317
STEVEN FAY
640 LAKE SUSAN HILLS DR
CHANHASSEN. MN 55317
MICHAEL & CYNTHIA LEEMAN
8726 FLAMINGO DRIVE
CHANHASSEN. MN 55317
DONALD COBAN
8821 SUNSET TRAIL
CHANHASSEN, MN 55317
RODNEY & BONNIE NELSON
8764 FLAMINGO DRIVE
CHANHASSEN, MN 55317
ROGER FAZENDIN REALTORS
ATTN: PAT BROYLES
WAYZATA, MN 55391
JACQUELINE BIZEK
8750 POWERS BLVD
CHANHASSEN. MN 55317
CHRIS SONES
8756 FLAMINGO DRIVE
CHANHASSEN, MN 55317
WILLIAM & NANCY PREMO
8712 FLAMINGO DRIVE
CHANHASSEN. MN 55317
ARILD ROSSA VIK
8800 POWERS BLVD
CHANHASSEN. MN 55317
JIM GIUSTI
8750 FLAMINGO DRIVE
CHANHASSEN. MN 55317
RAY GARVER
8704 FLAMINGO DRIVE
CHANHASSEN. MN 55317
DANIEL DAUFFENBACH
1380 OAKSIDE CIRCLE
CHANHASSEN. MN 55317
DAVID & JULIA WISE
8746 FLAMINGO DRIVE
CHANHASSEN. MN 55317
DOUGLAS & JUDY HALVORSON
1371 THRUSH COURT
CHANHASSEN, MN 55317
JOHN & BRENDA HILL
1360 OAKSIDE CIRCLE
CHANHASSEN. MN 55317
COREY & RUTH WEIKLE
8744 FLAMINGO DRIVE
CHANHASSEN, MN 55317
STEVE SMITH
1361 THRUSH COURT
CHANHASSEN, MN 55317
KEITH BUESGENS
1300 OAKSIDE CIRCLE
CHANHASSEN, MN 55317
GREG KAHLER
8742 FLAMINGO DRIVE
CHANHASSEN. MN 55317
GARY HICKS
1351 THRUSH COURT
CHANHASSEN. MN 55317
BRENT MILLER
1200 LYMAN BLVD
CHANHASSEN, MN 55317
STEVEN BUAN
8740 FLAMINGO DRIVE
CHANHASSEN. MN 55317
RONALD & DEBRA MICHELS
8751 FLAMINGO DRIVE
CHANHASSEN. MN 55317
MICHAEL FLYNN
660 LAKE SUSAN HILLS DRIVE
CHANHASSEN, MN 55317
DAVID & CHERYL DOTY
8736 FLAMINGO DRIVE
CHANHASSEN, MN 55317
BRYON & LINDA BOTZ
8743 FLAMINGO DRIVE
CHANHASSEN, MN 55317
TODD REID
650 LAKE SUSAN HILLS DRIVE
CHANHASSEN. MN 55317
JAMES KOZLOWSKI
8730 FLAMINGO DRIVE
CHANHASSEN. MN 55317
ED & WENDY PEKAREK
8735 FLAMINGO DRIVE
CHANHASSEN, MN 55317
NCE & MELANIE WEGNER
27 FLAMINGO DRIVE
lANHASSEN, MN 55317
SREANG BANG
1590 LAKE SUSAN HILLS DR
CHANHASSEN, MN 55317
SLlE & KRISTIN JOHNSON
19 FLAMINGO DRIVE
lANHASSEN, MN 55317
JOE & KAREN GIBNEY
1594 LAKE SUSAN HILLS DR
CHANHASSEN, MN 55317
)WARD A & MARY G KRAFT
11 FLAMINGO DRIVE
iANHASSEN, MN 55317
OULADETH SOU V ANNAKANE
1600 LAKE SUSAN HILLS DR
CHANHASSEN, MN 55317
IN & KARl KALKMAN
03 FLAMINGO DRIVE
1ANHASSEN, MN 55317
THU V AN NGUYEN
1601 LAKE SUSAN HILLS DR
CHANHASSEN, MN 55317
EP NGUYEN
81 LAKE SUSAN HILLS DR
1ANHASSEN, MN 55317
\N & RONDA PIERRE
91 LAKE SUSAN HILLS DR
-/ANHASSEN, MN 55317
.Y W. & ANGELA A. MEYER
174 LAKE SUSAN HILLS DR
-fANHASSEN, MN 55317
VI SCOTT
i78 LAKE SUSAN HILLS DR
--/ANHASSEN, MN 55317
ICHAEL BAKER
j80 LAKE SUSAN HILLS DR
HANHASSEN, MN 55317
\JDREW & KIMBERLY BOHACH
i84 LAKE SUSAN HILLS DR
.-fANHASSEN, MN 55317
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CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
JANUARY 21, 1998
Chairman Peterson called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Matt Burton, Alison Blackowiak, Craig Peterson, LuAnn Sidney and
Kevin Joyce
MEMBERS ABSENT: Ladd Conrad and Allyson Brooks
ST AFF PRESENT: Bob Generous, Senior Planner; Dave Hempel, Asst. City Engineer; and
Todd Hoffman, Park & Rec Director
PUBLIC HEARING:
A LAND USE PLAN AMENDMENT FROM RESIDENTIAL LARGE LOT TO
RESIDENTIAL LOW DENSITE: REQUEST FOR REZONING OF LOT 2. BLOCK 1,
HILLSIDE OAKS. ZONED A2 TO RSF: AND SUBDIVISION OF LOT 2. BLOCK 1,
HILLSIDE OAKS INTO 6 LOTS ON PROPERTY LOCATED AT 8800 POWERS
BOULEVARD. POWERS CIRCLE. ARILD ROSSA VIK.
Public Present:
Name
Address
Donald C. Coban
Harlan L. Blackenship
Jackie & George Bizek
Dan Dauffenbach
David & Cheryl Doty
Greg Kahler
Jim Kozlowski
Steve Buan
Ruth Weikle
Keith Buesgens
8821 Sunset Trail
8805 Sunset Trail
8750 Powers Blvd.
1380 Oakside Circle
8736 Flamingo Drive
8742 Flamingo Drive
8730 Flamingo Drive
8740 Flamingo Drive
8744 Flamingo Drive
1300 Oakside Circle
Bob Generous presented the staff report on this item.
Peterson: Pending our approval or denial, are you prepared to do that this evening or not?
Generous: Yes. We did a complete review of the subdivision.
Peterson: Questions of staff? ... we didn't get elevations Bob. Can you kind of give us a sense
of how the existing house would sit in to the rest of the proposed development? Just give us a
sense of that as it relates to what will be seen from County 17 or Powers. What I'm trying to get
Planning Commission Meeting - January 21, 1998
at is how the house would fit in with the other new houses around it. It's obviously sitting at an
angle where the other houses more than likely would not be.
Generous: It would be higher than the houses on, immediately adjacent to both Powers
Boulevard and approximately the same elevation as the proposed walkout to the south. The
applicant did provide us with a preliminary floor elevation on Lot 6 but we estimated that to, they
could do a tuck under with that design or side entry that would be approximately the same
elevation. Maybe a couple feet higher than the existing houses on the property. The whole site
slopes down to the southeast.
Peterson: Additionally the sites 1, Lots 1 through 3 on there, are requesting a setback variance
from Powers or not?
Generous: No. In effect, as a part of our review of that, we would encourage the development of
those sites closer to the private street on the west side that would serve Lots 2, 3 and 4. Rather
than adjacent to, closer to Powers.
Peterson: Any questions of staff? Seeing none, would the applicant or their designee wish to
address the commission? If so, please come forward.
Craig Mertz: I'm Craig Mertz, Arild's attorney. Arild's the applicant. Arild and I have gone
over the application and gone over the staff review. It appears to, well first of all. I note that the
staff report states that when Mr. Rossavik and the neighbor proposed this as a two lot
development, that the staff was supportive. Now we're recommending denial but the only thing
that's changed is we've lost one of the two properties. We'd like to go forward with the project
anyway. If the item that has changed is Mr. Bizek's non-participation in the project, I don't see
how that would change all of the rest of the factors that are mentioned in the particular report.
The utilities are available to the site. I believe that when the utilities were laid out, that the
engineering staff allocated six potential future sewer and water units to this particular site. We're
not requesting any expansion of public utilities. Those facilities are already there. It appears that
the lot sizes are consistent with what exists at the top of the hill in Lake Susan Hills and I would
suggest that the way the approvals have been going in the neighborhood, both across Powers
Boulevard from this site and north of the Bizek property, that if we're going to say spot zoning,
the spot zoning is probably what it is now rather than what it's trending towards. And with the
approvals that have been given by the city, we're trending toward higher density development. In
sum, Mr. Rossavik asks for approval of all three of his requests.
Peterson: Questions of the applicant? This is a public hearing. Can we have a motion to open it
to a public hearing and a second please.
Joyce moved, Blackowiak seconded to open the public hearing. The public hearing was
opened.
Peterson: With that, would anyone like to address the Planning Commission? If so, please come
forward and state your name and address please. Going once.
Planning Commission Meeting - January 21, 1998
George Bizek: Yeah, I'm George Bizek. The property owner to the north of it. We didn't
receive a curb cut on this road. Right now both me and Arild go down, make a U turn, which I
don't know if it's legal but that's what we're both presently doing. You're going to dump 5
times more traffic on Powers Boulevard that has no access to the north. Which has to go down,
make a U turn to head back towards Chanhassen. Looking at Bill Weckman's report, of the 40
things needed to go ahead with this project, there's a few of them involving me that I'm
absolutely opposed to, and I will not grant any kind of construction easement. I will not grant a
change of address. As far as nothing changing from the original application, that is not true
because the cul-de-sac was going to be on both properties with the original application. Now it's
all on his property. In Bill W eckman's report it says there's no chance of getting a second access
onto Powers Boulevard with the county road project. With the way it is now, we have a shared
driveway, approximately 25-30 feet wide. On his proposal he shows this cul-de-sac 10 feet over
to the south, which designates a new access to Powers Boulevard as far as I'm concerned. As far
as I can see. Lot 6 on this proposal is very close to my garage, which has a lower level on the
garage which is going to disturb any watershed off, this is a very steep hill. A large hill. Behind,
directly behind his house, for Lot 4, is two big ravines that are natural ravines that are watershed.
That dump down into a low spot in the back of his yard and this is where the other proposed lot.
Let me see, that would be Lot 4 is. If this was turned in with the topographical map, some of
these lots are just plain ridiculous. Thank you.
Peterson: Thank you. Anyone else?
Steve Buan: My name is Steve Buan. I live at 8740 Flamingo Drive, directly to the west of the
proposal here. And just have a couple things. I'll start offwith the ravines. The findings in
Attachment #2 by Mr. Jay Riggs, I have a lot of professional trouble with. I'm a professional
hydrologist. I do not believe that that numerous aspects of his report are inaccurate. Especially
the ravine on the southwest side of the property. The ravine that begins in the property property
and terminates on this property, about on Lot 4 maybe at the intersection of Lot 2 and 4. Or
excuse me, 5 and 4. That ravine is extremely active. It drains a significant part of the park and
several adjacent lots to the north. Mr. James Kozlowski lives right near there. He has gone out
several times to take rip rap that is placed at the head of the ravine. Take it from the bottom of
the ravine when it gets washed down there after a rainstorm in the summer, and brings it back up
to prevent the ravine from eating further and further back into the property. And to change the
outlet character of that ravine with the build-up on the Lot 4 is environmentally very poor thing
to do. And again addressing Mr. Bizek, the things that he said is that it should have been turned
in with a very significant elevation map showing where the water naturally wants to go. And as
far as there being no significant hydrology. If you drive by there several times in the
summertime, the property owners cannot mow because water stands there quite a big in the low
spot when the water drains out from these ravines. And just the nature of the entire area in
driving from the south, from Lyman Boulevard area and potentially from the future Highway
212, that this Powers Boulevard will be a major access point for people coming up to
Chanhassen and this is one of the most significant elevation rises as far as in the lineal distance,
the amount of rise and it's very impressive. Your eyes are immediately drawn directly over to
that large stand of trees, two ravines and the dramatic slope right up the Flamingo Drive and to
Planning Commission Meeting - January 21, 1998
obscure that and take away from that with a keystone retaining wall to shoehorn a couple houses
into there would really be a detriment to Chanhassen and the natural amenities that make the
community what it is. So and to sum it up, I believe a policy of rezoning should be to, should be
if a property is to be rezoned, it should be neutral or positive to surrounding properties and I do
not feel that this particular proposal meets those criteria and thank you for your time.
Dan Dauffenbach: My name's Dan Dauffenbach. I own the property to the south of Arild's
proposed development. I've lived on that property for 8 years. Adjoining Arild's property and
mine, and I don't have any evidence of 100 year floods but the gentleman before me is correct in
saying, there's times you cannot mow the grass in those areas, and Arild can't mow his. I can't
mow mine. And this happens several times a year. Those areas flood and they're very deep with
standing water for a long period of time coming off the ravines in the back. In spring snow thaw
is another one. You'd be amazed at the water that runs rapidly off those hillsides. I can believe
the rip rap that's holding them comes with it. And comes down Arild's yard and then into mine
to the south. I think the fact that there is no curb cut on that road. Lyman Boulevard is proposed
to be a four lane road in the next 1 to 2 years and people right now are making U turns up there
and that's a very busy road. If you've ever been out there on either rush hour traffic, it's very
busy. If you empty out 6 additional families into that interchange, I think you're asking for an
accident, without a doubt. Because families need to head back up to the shopping and schools
and what not. Anyone with kids is going to use that U turn on a regular basis.
Peterson: Anyone else?
Cheryl Doty: My name is Cheryl Doty. I'm at 8736 Flamingo Drive. I have some pictures that
I'd like you to see of the bluff and the ravine and the backs of the homes. My husband and I
purchased this lot almost 6 years ago and the reason we paid a premium price for this is that, if I
said it once, I said it a thousand times that the reason we purchased this lot is because everything
was established. There weren't going to be any surprises. We weren't building up against barren
land that was going to be developed in the next 5 to 10 years. And so I think these pictures will
show the reason we paid the money for the lot. The bluff is a beautiful area. I've talked to
probably 15 homes. All of the Flamingo Drive addresses that are listed on there, I talked to every
single one of those homeowners in the last couple of days. Everyone of them are opposed to
this, whether they are directly or indirectly involved with this rezoning. How would you like me
to show?
Peterson: Pass them around. Anyone else?
Audience: .. J believe also tonight.. . conditions of the trail. I didn't see...
Peterson: That's next on the agenda this evening so it will be coming up. Anyone else? Seeing
none, may I have a motion to close the public hearing and a second please.
Burton moved, Sidney seconded to close the public hearing. The public hearing was closed.
Peterson: Commissioners. Kevin, do you have some thoughts on this?
Planning Commission Meeting - January 21, 1998
Joyce: Well, I think that making a land use change of the comprehensive plan is usually a serious
thing to consider. And I'd like to have better reason to change, I'd like it to be a positive change
number one. I'd like it to have a better reason to change the land use plan than just adding homes
to a particular development, or area. I think that, I don't think that's a positive aspect of that and
I think we put a lot of effort into the comprehensive plan. It's something that we should not
change. You know we should take a strong look at. Secondly I think Bob used a good word as
far as this development being a marginal development. I don't like the development at all. I
wouldn't like it even ifit was in the low density zoning. And I think putting those three homes
right along Powers Boulevard would be a big mistake. You know either now or in the future. So
I totally agree with staffs findings to consider denial.
Peterson: LuAnn.
Sidney: I agree with the aspects of the discussion that are described in the staff report. I think
the point that Kevin made is a good point. That changing the comprehensive plan is a big deal
and I think as a planning commissioner I would be very reluctant to do so or recommend so
unless there was a compelling reason to do that. I think this proposed development would
significantly change the character of the neighborhood. I don't like the fact that it would be an
isolated development. It had more continuity like we discussed with two lots. . . that I can see that
it might have some benefit to Chanhassen as a whole and to the surrounding neighborhood.
Also, if there were a variety of housing that would benefit Chanhassen, I can see that as a
positive too but in this case we don't see any new type of housing being proposed. I think at this
point I just would not recommend a land use plan amendment.
Peterson: Okay, thank you. Alison.
Blackowiak: I agree with what's been said. I too like to use the phrase compelling reason and if
I hear a compelling reason to change the comprehensive plan, then I will certainly give it very
serious thought. I have not heard it. And even though I haven't heard it, potentially it still could
be there but I haven't seen it. I don't see a reason to change the comp plan for this proposed
development. Even if there were two lots, I still don't feel that that would be, would sway me to
vote yes for a change because it would still change significantly the character of the adjoining
lots. I think that the large lot character is appropriate for that area. I don't think we need to
squeeze more houses in there and I will, I do agree with the staffs recommendations on this.
Peterson: Thanks. Matt.
Burton: I agree with all the comments really. Especially with respect to the comprehensive plan.
I also think that the proposal is inconsistent with the character of the neighborhood, which I think
was noted by the staff. I'm also swayed by the substantial neighborhood opposition, and I also
do think that since the first proposal was made, something has changed and that's that the one lot
was removed and in fact that neighbor's opposed to this project so based on all those reasons and
everything that was said earlier, I would be opposed also.
Planning Commission Meeting - January 21, 1998
Peterson: Well my comments aren't dissimilar from my peers. It gives the feel of being plopped
in there without proper planning and doesn't present a good feel I think for the development
itself so.. . may I have a motion and a second please.
Blackowiak: I recommend that the Planning Commission deny the land use map amendment
from residential large lot to residential low density for Lot 2, Block I, Hillside Oaks. Should I
make these three separate or keep going?
Peterson: Keep going.
Blackowiak: Okay. I recommend that the Planning Commission deny rezoning from A2,
Agricultural Estate district to RSF, Single Family Residential for Lot 2, Block I, Hillside Oaks,
due to inconsistency with the comprehensive plan. And I recommend the Planning Commission
deny the preliminary plat of Subdivision 97-12 creating six lots for the Powers Circle Addition
subject to not complying with the land use designation and zoning requirements.
Peterson: Second please.
Burton: I second the motion.
Peterson: It's been moved and seconded. Any discussion?
B1ackowiak moved, Burton seconded that the Planning Commission recommends denial of
a Land Use Map Amendment from Residential-Large Lot to Residential Low Density for
Lot 2, Block 1, Hillside Oaks, and recommends denial of a rezoning from A2, Agricultural
Estate District to RSF, Single Family Residential for Lot 2, Block 1, Hillside Oaks, due to
inconsistency with the comprehensive plan, and recommends denial of the preliminary plat
of Subdivision 97-12 creating six lots for the Powers Circle Addition subject to not
complying with the land use designation and zoning requirements. All voted in favor and
the motion carried.
Peterson: This moves on to Council?
Generous: February 9th.
Peterson: Thank you all for coming.
1997 TRAIL REFERENDUM PROJECTS - REVIEW AND RECOMMENDATIONS.
Public Present:
Name Address
Conrad Schmid
Sandy Kuidera
7251 Pontiac Circle
6850 Chaparral Lane
January 20, 1998
To Members of the Chanhassen Planning Commission,
In response to the Notice of Public Hearing regarding the request of Rezoning and
Subdivision of Lot 2, Block 1, Hillside Oaks, we as interested parties submit the
following written comments per this Notice.
The ravine and bluff topography on the western side of this property, and adjoining
areas of several other properties, is part of an integrated, interdependent natural system.
This ecosystem contains a complex bio-diversity of plants and animals.
Numerous species of trees, shrubs and perennial plants of varying age classes from
sapling to dead and decaying are present. Tree and shrub species include white pine, red
pine, spruce, oaks, maples, cottonwood, ironwood, cedar, sumac and many more. This
plant life system supports a wide variety of animal life including ground-nesting birds,
earth and tree-cavity nesting birds, numerous song birds, bald eagles, owls, pheasants,
wild turkeys, deer, squirrels, chipmunks, rabbits and many more.
The city parkland immediately adjacent to the southwest is directed to be a natural
landscape park. The ravine and bluff system is a vital and important part of this park.
Several species of animals and birds utilize the prairie grassland area for food and the
ravines and bluffs for shelter. To encroach on and damage the ravine and bluff complex
would diminish the value of the park to the residents of Chanhassen.
The character of this portion of Chanhassen is defined by the dramatic rise in
elevation and stand of large mature trees. The vertical rise from Powers Boulevard to the
crest on Flamingo Drive is approximately 100 feet and is unmatched throughout
Chanhassen except for the bluff area of the Minnesota river valley.
The unique features encompassed within the approximately 3 acres of ravine and bluff
structure are a signature of this area of Chanhassen that should not be obscured and/or
encroached upon by further development. Therefore, we strongly oppose the proposed
rezoning and subdivision of this property.
Respectfully submitted,
"~' teve and Kristi, Buan ,"
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We, the undersigned, strongly oppose the proposal of Arild
Rossavik, requesting a land use plan amendment from Residential
Large Lot to Residential Low Density; rezoning from A2,
Agricultural Estate to RSF, Residential Single Family; and subdivision
of Lot 2, Block 1, Hillside Oaks into 6 lots located a 8800 Powers Blvd.
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We, the undersigned, strongly oppose the proposal of Arild
Rossavlk, requesting a land use plan amendment from Residential
Large Lot to Residential Low Density; rezoning from A2,
Agricultural Estate to RSF, Residential Single Family; and subdivision
of Lot 2, Block 1, Hillside Oaks into 6 lots located a 8800 Powers Blvd.
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We, the undersigned, strongly oppose the proposal of Arild
Rossavik, requesting a land use plan amendment from Residential
Large Lot to Residential Low Density; rezoning from A2,
Agricultural Estate to RSF, Residential Single Family; and subdivision
of Lot 2, Block 1, Hillside Oaks into 6 lots located a 8800 Powers Blvd.
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We, the undersigned, strongly oppose the proposal of Arild
Rossavik, requesting a land use plan amendment from Residential
Large Lot to Residential Low Density; rezoning from A2,
Agricultural Estate to RSF, Residential Single Family; and subdivision
of lot 2, Block 1, Hillside Oaks Into 6 lots located a 8800 Powers Blvd.
Print Name Address Sianature
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