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5 The Arbors CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us s- MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner ()~ January 22, 2007 DATE: SUBJ: The Arbors - Planning Case 07 -02 EXECUTIVE SUMMARY The developer is requesting a Rezoning from RR, Rural Residential, to RSF, Single Family Residential; Comprehensive Land Use Map Amendment from Residential-Large Lot to Residential-Low Density on the westerly portion of Lot; and preliminary plat approval of approximately 20 acres into 22 lots and 3 Outlots with the dedication of public right-of-way. ACTION REQUIRED City Council approval requires a majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on January 2,2007 to review the proposed development. At that time, the Planning Commission tabled the item to permit staff, the developer and the Minnesota Landscape Arboretum to address concerns about the proposed development. The Planning Commission held a second public hearing on January 16, 2007 to review the proposed development. At that time, staff recommended that additional conditions be added to require the developer to provide, in both their sales material and within the association covenants, full disclosure about the Minnesota Landscape Arboretum location, use of electric fence, research operations, and agricultural operations including the spraying of trees, and to require installation of signa e on Lots 4 and 5, Block 2, and Outlots Band C warning of the electrical fence 0 e Minnesota Landscape Arboretum property. ( The Minnesota Landscape Arboretum was still concerned about the addition of housing to the areas and requested that the developer pay for the replacement of the electric fence in this area with an eight-foot deer fence. However, the Planning Commission felt that the requirement for full disclosure and signage warning of the fence was appropriate and reasonable. The Planning Commission minutes for January 2,2007 and January 16,2007 are item 1a of the January 22, City Council packet. The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Todd Gerhardt The Arbors - Planning Case 07 -02 January 22, 2007 Page 2 of 2 RECOMMENDA TION Staff recommends adoption of the three motions as specified on pages 13 - 18 in the staff report dated January 2,2007 approving the land use map amendment, rezoning and preliminary plat. ATTACHMENTS 1. Memo from Bob Generous to the Planning Commission dated January 16, 2007. 2. Planning Commission Staff Report Dated January 2, 2007. 3. Minnesota Statutes Section 561.19. 4. Letter from Kenneth Larson, University of Minnesota dated January 11, 2007. 5. Letter from Bruce Carlson to Bob Generous dated January 15,2007. 6. Email from James R. Walston to Kate Aanenson and Bob Generous dated January 11, 2007. g:\plan\2007 planning cases\07-02 the arbors\executive summary. doc CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Sile www.ci.chanhassen.mn.us OJ MEMORANDUM TO: Planning Commission FROM: Bob Generous, Senior Planner DATE: January 16,2007 D~' SUBJ: The Arbors Planning Case 07-02 BACKGROUND On January 2, 2007, the Planning Commission held a public hearing for the proposed development of the site. As part of the hearing, questions were raised regarding the continuing operations of the Minnesota Landscape Arboretum. The item was tabled to permit staff to investigate this issue. Staff has contacted both the Minnesota Landscape Arboretum and the developer to to address these issues. Staff informed both parties of what staff is proposing. Minnesota Landscape Arboretum has advised staff that they are preparing a their comments and recommendations. However, we have not received asofthe preparation of the packet. We will forward the letter The 16,2007 the January Issue: Storm The majority collected and designed with two provides treatment extension Issue: The fence on adjacent to the covenants to The developer shall and C warning of the property. The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Planning Commission The Arbors - Planning Case 07 -02 January 16, 2007 Page 2 of 2 The Minnesota Landscape Arboretum is proposing that the developer install an eight-foot fence along the property line. If the Arboretum believes there is a nuisance issue due to their electric fence, staff believes it is the responsibility of the Arboretum to address it, not the developer. If this fence was installed adjacent to the project, it's 846-foot length would allow passage on either end, therefore, defeating the purpose of a fence. The developer is proposing that it be up to the individual property owner to decide if they would like to install a fence, and would prepare compliance standards for fencing within the association documents. The presumption is that individuals will purchase these properties adjacent to the Arboretum for their view of the Arboretum site. City code permits fences in residential districts up to 6 Yz feet in height. A conditional use permit is required for fencing in excess of 6 ~ feet. Issue: Spraying In response to the concerns regarding the spray routine in the U of MIs apple orchard, the City Forester offers that it should not be a concern. Spraying treatment costs time and money, both of which are in the best interest of the University to minimize. Therefore, spraying is timed to be done at the optimum time and as efficiently as possible. Spraying is done on days with no or very little wind to avoid chemical drift and only the appropriate chemicals are used to treat the specific problems. The spray treatment routine is a very regimented and controlled process. Staff recommends that as part of the full disclosure requirement of the developer that spraying operations be disclosed. Issue: Agricultural Operations Minnesota Statutes section 561.19 states that "agricultural operations (are) not a nuisance". This determination provides some protection to the continued operation of the Arboretum provided they follow generally accepted agricultural practices and comply with federal, state and county laws and regulations. RECOMMENDA TION Staff recommends adoption of the motions as specified on page 13 - 18 in the staff report dated January 2, 2007, revised January 16,2007, approving the proposed development with the added conditions that the developer provide full disclosure in both their sales materials and within the association covenants about the Minnesota Landscape Arboretum location, research operations, and agricultural operations including the spraying of trees; and the developer shall install signage on Lots 4 and 5, Block 2, and Outlots Band C warning of the electrical fence on the Minnesota Landscape Arboretum property. ATTACHMENTS 1. Planning Commission Staff Report Dated January 2, 2007, revised January 16,2007. 2. Minnesota Statutes Section 561.19. 3. Letter from Kenneth Larson, University of Minnesota dated 1-11-07. g:\plan\2006 planning cases\07 -02 the arbors\PC arboretum issues memo. doc ~ ~ u ~ ~ ~ ~ -< \, -< ~ -< ~ ~ ~ ~ rLJ. CITY OF CHANHASSEN STAFF REPORT PC DATE: January 2,2007 Revised January 16, 2007 CC DATE: January 22,2007 w REVIEW DEADLINE: January 30,2007 CASE #: 07-02 BY: AF, RG, LH, ML, JM, JS PROPOSAL: Request for Rezoning from RR, Rural Residential, to RSF, Single Family Residential; Comprehensive Land Use MapAmendmen~from Residential-Large Lot to Residential-Low Density on the westerly portion of Lot; Subdivision of approximately 20 acres into 22 lots and 3 outlots; "t.T m8n88B and Vacation of existing right-of-way (with the final plat) - THE ARBORS. LOCATION: 7537 and 7570 Dogwood Road. Lots 1 and 2, Block 1, Zimmerman Farm 1st Addition APPLICANT: Carlson Custom Homes, Inc. 1440 Bavarian Shores Dr. Chaska, MN 55318 (952) 475-8045 Peter and Dee Brandt 7570 Dogwood Road Chanhassen, MN 55317 PRESENT ZONING: Rural Residential District, RR 2020 LAND USE PLAN: Residential- Large Lot and Residential - Low Density ACREAGE: DENSITY: gross: 1.10 units per acre; net: 1.36 units per acre SUMMARY OF REQUEST: The developer is proposing a 22 lot single-family residential subdivision. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings because the City is acting in its legislative or policy making capacity. A rezoning must be consistent with the City's Comprehensive Plan. . The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the 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. SCANNED .......,- ..,. Location Map The Arbors Planning Case No. 07-02 City of Chanhassen , , / .......-.-.--.-.---.--....--...-...--- / Lake Minnewashta Tanadoona Drive ~ Hw 5 Arboretum Boulevard The Arbors Planning Case 07-02 January 2, 2007 Page 2 of 18 PROPOSAL/SUMMARY The site currently contains two single-family homes on lots platted as part of the Zimmerman Farm Addition in 1990. The applicant is proposing a 22 lot single-family residential development on approximately 20 acres. The two existing homes on the properties will remain. The primary access to the site will be via an extension of West 78th Street. The property to the north and east is zoned Office and Institutional District, 01, and is part of the Westwood Community Church site. The property to the south is zoned Rural Residential, RR, and is part of the Minnesota Landscape Arboretum. The property to the west is zoned Single-family Residential District, RSF, and includes single-family homes within the Sunset Hill on Lake Minnewashta Addition. Water and sewer service as well as an upgrade to Dogwood Road is proposed as part of a City project. The proposed development of the site is contingent on the City undertaking those public improvements. Without the City utilities, this project is premature. Dogwood Road is proposed to be realigned with the utility easement to minimize the amount of tree loss due to road construction. The site varies from gentle grass slopes on the east side to steeper wooded slopes on the west side. The high point of the property lies on the east side at an elevation of 1039. The site slopes down to Lake Minnewashta which has an ordinary high water (OHW) elevation of944.5. The northwest comer and western portion of the site, approximately one-third of the property, is wooded with the balance of the site in open field. The Arbors Planning Case 07-02 January 2,2007 Page 3 of 18 The project approval includes a land use amendment from Residential - Large Lot to Residential - Low Density for the home site west of Dogwood, a rezoning from Rural Residential, RR, to Single- Family Residential, RSF and preliminary plat approval for 22 lots, 3 outlots and right-of-way for public streets. The proposed lots are all in excess of the minimum requirements of the RSF district. Staff is recommending approval of the development, subject to the conditions of the staff report. APPLICABLE REGUA TIONS Chapter 18, Subdivisions Chapter 20, Article II, Division 2, Amendments Chapter 20, Article II, Division 3, Variances Chapter 20, Article VI, Wetland Protection Chapter 20, Article VII, Shoreland Management District Chapter 20, Article XII, RSF Single-Family Residential District BACKGROUND In 2005, Westwood Community Church extended West 78th Street from Highway 41 to their driveway to permit the expansion of their campus. Additionally, Westwood dedicated the right-of- way for the extension of West 78th Street to the western property line to permit the future extension of the street. In 2002, project #2002-5 for Timber Lake, a residential subdivision of the property was submitted for the site. Ultimately, the application was withdrawn due to the lack of public infrastructure. On June 4, 1990, the City of Chanhassen approved the final plat for Zimmerman Farm creating the two lots being subdivided as part of the current development proposal. In January 1990, the subdivision of these parcels, consisting of 20 acres, was reviewed by the Planning Commission. The issue of access to the property was the primary area of discussion. At that time, staff was recommending that right-of-way be dedicated from the end of Dogwood Road to Crimson Bay Road. Sometime between June 1989 and January 1990, the 100 acres was split into an 80-acre parcel and a 20-acre parcel. State statutes define these types of splits as exempt from the subdivision review requirements without requiring Planning Commission or City Council approval. On June 21,1989, the Planning Commission reviewed a preliminary plat to subdivide 100 acres into three single-family lots of ten, five and five acres and one 80-acre outlot. The primary issue of discussion was the locations of trail easements and the extent of improvements to the existing road. The Planning Commission tabled the item. Van Doren-Hazard-Stallings, Inc. prepared a feasibility study for Tanadoona Drive and Dogwood Road in June 1988. The study looked at four alternatives for providing access to Highway 41, improving both Dogwood Road and Tanadoona Drive. However, a connection to Crimson Bay was The Arbors Planning Case 07-02 January 2, 2007 Page 4 of 18 not evaluated as part of the study. The residents withdrew their request for public street improvements after reviewing the feasibility cost estimates. In 1987, the City Council approved a preliminary plat for this property. The major issue that surfaced during the development review was the provision of road access to the lots. On July 6, 1987, the City Council approved the preliminary subdivision with the following conditions: 1. The applicant shall be required to install a cul-de-sac into Lot 3, at the end of Dogwood; however, the applicant may be allowed to put in a driveway as approved by City Staff. 2. No development shall occur on either five-acre lots until completion of a feasibility study and the plans for that road are determined. 3. A feasibility study shall be initiated to evaluate the alternatives to improving Dogwood Road and Tanadoona Drive, as well as evaluating the connection to the Worm property (Crimson Bay) to the south. 4. The developer shall be required to enter into a development agreement guaranteeing the installation of the improvements and provide financial sureties as required. 5. Dedication of a 20-foot trail easement along the south and east property lines. The proposed subdivision was not pursued further and no development took place. LAND USE AMENDMENT In 2001, City staff initiated a proposed land use map amendment for the properties along Dogwood. Planning Staff held an open house at the Chanhassen Recreation Center on Tuesday, January 23,2001, to discuss land use and zoning inconsistencies. These properties were some of the properties that were discussed as being up for change. Staff processed amendments to the Comprehensive Plan and Zoning map to ensure they were consistent and this will be one of the changes that was processed. The recommendation was to re-guide the property from large lot residential to low density residential, which is consistent with the RSF zoning except for the portion west of the southerly extension of Dogwood Road of Zimmerman Farm 1 st Addition, which is currently zoned Rural Residential, RR. At that time, the Planning Commission tabled the amendment to address the issue of the provision of urban services to this area. Now that City utilities are being proposed, one of the properties is in for development review. A land use amendment is necessary to permit the subdivision of the property on the west side of Dogwood. The rest of the properties west of Dogwood are subdivided in to lots of less than 2.5 acres. The Arbors Planning Case 07-02 January 2,2007 Page 5 of 18 Lot, and Subdivision Address Lot Area Frontage (square feet) (feet) 1, Sunset Hill on Lake Minnewashta 7301 Dogwood 36,426 108 2, Sunset Hill on Lake Minnewashta 7311 Dogwood 48,908 171 3, Sunset Hill on Lake Minnewashta 7321 Dogwood 42,540 149 4, Sunset Hill on Lake Minnewashta 7331 Dogwood 37,896 126 5, Sunset Hill on Lake Minnewashta 7341 Dogwood 31,535 102 6, Sunset Hill on Lake Minnewashta 7401 Dogwood 40,966 102 7, Sunset Hill on Lake Minnewashta (formerly lots 7 7431 Dogwood 120,001 372 -10), consisting of three amended parcels. 1, Getsch Addition 7460 Dogwood 44,506 101 2, Getsch Addition 7480 Dogwood 61,369 125 3, Getsch Addition 7530 Dogwood 53,282 141 4, Getsch Addition 7550 Dogwood 54,955 100 5, Getsch Addition 7560 Dogwood 55,065 124 1, Zimmerman Farms 1st Addition 7570 Dogwood 438,788 30 On December 7, 2006, the City submitted the proposed land use map amendment to all the adjacent governmental jurisdictions for their review and comment. Upon City Council review, the proposed amendment must be submitted to the Metropolitan Council for their review and determination of compliance with the regional plan. The proposed amendment would permit the development of the property as proposed as well as be consistent with the existing uses of the properties north of the site on the west side of Dogwood and compatible with the Office Institutional uses to the north and east. Staff is recommending approval of the land use map amendment for the 2.57 acres of the development west of the Dogwood extension contingent on Metropolitan Council review. REZONING The proposed rezoning is consistent with the Residential - Low Density land use designation of the property which permits net densities of 1.2 - 4.0 units per acre. The Single Family Residential District, RSF, is consistent with this land use category and is the typical zoning for single-family residential developments in the City. Other zoning districts that would be consistent with the Residential - Low Density designation include Mixed Low Density Residential District, R4, Low and Medium Density Residential District, RLM, and Planned Unit Development - Residential, PUD-R. Staff is recommending approval of the rezoning subject to approval of the land use map amendment and final plat approval. The Arbors Planning Case 07-02 January 2, 2007 Page 6 of 18 SUBDIVISION REVIEW RIGHT-OF-WAY The proposed development was platted as Zimmerman Farm 1st Addition in 1991 and included a 30-foot wide right-of-way for Zimmerman Road. This street was never constructed and is not needed due to the proposed West 78th Street extension; therefore, this right-of-way will be vacated in conjunction with the final plat. GRADING AND DRAINAGE The developer proposes to mass grade the majority of the site. Lots 1 through 3, Block 1 are proposed custom-grade lots. In order to meet the 10% maximum allowable driveway grade on these lots, the builder may have to put steps in the garage to accommodate the grade change. The plans do not show proposed grading on Lots 1 through 3, Block 3 since the owner of the existing home within proposed Lot 1, Block 3 intends to retain ownership of the area encompassed by these proposed three lots and final plat at a later date. A pond is proposed in the southwest corner of Block 2. The pond is to treat runoff from the majority of the lots within the development, the new portion of West 78th Street within the plat, and approximately 440 feet of the proposed Dogwood Road extension. Based on the hydrology calculations submitted, the dead pool volume of the pond needs to be increased by 360 cubic feet to meet the MPCA Phase IT requirements. The proposed 1036-foot contour on Lots 12 and 14, Block 1 must be shifted so that the backyard grade is minimum 2%. The proposed major contours must be a different line weight or type. Basedon the grading plan, the home on Lot 5, Block 1 will be a walkout, not a full basement. RETAINING WALLS The developer proposes to construct a tiered retaining wall system on the south side of Lot 4, Block 1, south of the existing home. The top and bottom elevations of the wall must be shown on the grading plan; it appears that each tier will be a maximum of four feet high. EROSION AND SEDIMENT CONTROL A NPDES Phase IT Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. A Storm Water Pollution Prevention Plan (SWPPP) will be required in conjunction with this application. The SWPPP should be provided to the City so it can be reviewed by the Carver Soil and Water Conservation District prior to the preconstruction meeting for the project. The Arbors Planning Case 07-02 January 2, 2007 Page 7 of 18 The proposed storm water pond should be constructed prior to disturbing upgradient areas and used as a temporary sediment basin during mass grading. Diversion berms/ditches may be needed to divert water to the pond and a temporary pond outlet should be provided. The outlet could be a temporary perforated standpipe and rock cone. The plans should be revised to include a detail for the temporary pond outlet. It should be noted on the SWPPP that all areas that will not be permanently stabilized within the timeframe required by the NPDES permit should be temporary mulched and seeded. A note shall be included in the dewatering section of the SWPPP that states: "If construction of the proposed temporary/permanent sediment pond is not completed prior to dewatering, the City's on-site construction observer must approve proposed dewatering methods prior to beginning dewatering." The plans should be revised to incorporate Chanhassen' s standard details for erosion and sediment control, including 5302A and 5302D. Proposed erosion and sediment controls for individual lots should include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the Certificate of Occupancy. The applicant shall provide erosion and sediment control along the south and east property lines to prevent discharge of sediment onto adjacent properties. All silt fence that is not laid parallel to the contours should have J Hooks installed every 50 -75 feet. This should be noted on the plans and discussed at the preconstruction meeting. Energy dissipation should be provided at the inlet to the proposed pond and at the end of the discharge pipe that outlets to the wetland within 24 hours of pipe installation. The discharge location for the outlet of the proposed pond should be evaluated to ensure that the proposed discharge will not cause erosion issues. Reinforced erosion control matting may be required. A stable emergency overflow (EOF) for the stormwater pond should be provided. The EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion control blanket). A typical detail should be included in the plan. The overland route from the EOF to Lake Minnewashta should be shown on the plans and should be encumbered by a drainage and utility easement. Erosion control blanket shall be installed on all slopes greater than or equal to 3: 1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can Steeperthan 3:1 7 days remain open when the area 10:1 to 3:1 14 daysis not actively being worked.) Flatter than 10: 1 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, The Arbors Planning Case 07-02 January 2, 2007 Page 8 of 18 storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets should be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. The plans should be revised to show a rock construction entrance (minimum 75 feet in length) wherever construction traffic will access the site. The rock construction entrance should be constructed in accordance with Chanhassen's Standard Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. SURFACE WATER MANAGEMENT PLAN (SWMP) CONNECTION CHARGES Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on rural residential development rates of $1,900/acre. Therefore, the water quality fees associated with this project are $33,478. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average citywide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Single- family residential developments have a connection charge of $3,100 per developable acre. This results in a water quantity fee of approximately $54,622 for the proposed development. SWMP Credits This project proposes the construction of one NURP pond. The applicant will be credited for 50% of the water quality charge for each acre draining to the NURP pond on-site. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $74,570.50. UTILITIES Lateral sanitary sewer and watermain to serve the proposed development are proposed to be constructed in conjunction with City Project 06-06, Dogwoodffanadoona Street and Utilities. City Council ordered the preparation of the feasibility study for Project 06-06 on November 27, 2006. In January, 2007, staff expects that the City Council will consider accepting the feasibility report and ordering the preparation of plans and specifications. Portions of the project costs for Project 06-06 are proposed to be assessed to the existing residents along Dogwood Road and the proposed units within The Arbors plat. Staff has met with the The Arbors Planning Case.07-02 January 2, 2007 Page 9 of 18 residents several times throughout the past 18 months to discuss Project 06-06; the neighborhood is generally supportive of the project. Under Project 06-06, eight -inch gravity sanitary sewer will extend from the intersection of the Dogwood RoadIW est 78th Street intersection to the lift station located near the southeast corner of Dogwood Road and Tanadoona Drive. Lift station and forcemain upgrades are also proposed with Project 06-06. The remainder of lateral sanitary sewer to serve the proposed development will be installed and paid for by the developer. Based on the information provided, lots within the preliminary plat will not require an ejector pump. In conjunction with Project 06-06, eight-inch lateral watermain will extend from the Dogwood RoadlWest 78th Street intersection to the existing stub within Tanadoona Drive, which is approximately 1100 feet east of the Dogwood RoadfTanadoona Drive intersection. The remainder of the lateral watermain to serve the development will be installed and paid for by the developer. Eight-inch lateral sanitary sewer and watermain will be stubbed south of the Dogwood RoadfTanadoona Drive intersection to service Lots 1 through 3, Block 3 when they are final platted, and to provide service to the residences on Crimson Bay Road to the south. A pressure reducing station will likely be required for the Crimson Bay residents. Due to a significant drop in grade from the Dogwood RoadlWest 78th Street intersection to Crimson Bay, sanitary sewer service for Crimson Bay will likely require a lift station and forcemain. Due to the timing of The Arbors and Project 06-06, Staff anticipates that grading and utility installation for The Arbors would be done simultaneously with the construction of Project 06-06. Preliminary plat approval shall be contingent upon the approval and construction of Project 06-06. Watermain must be minimum 18 inches above or below the sanitary sewer. STREETS Access to the proposed development will be from West 78th Street and Dogwood Road. Dogwood Road is proposed to be constructed with Project 06-06. The final cross section of Dogwood Road has not yet been determined. The developer will extend West 78th Street from its current terminus within the Westwood Church property within the existing roadway, drainage and utility easement. West 78th Street will be a 31- foot wide urban section. Access for Lots 2 and 3, Block 3 will be addressed and constructed when those lots are final platted. The property owner on Lots 1 through 3, Block 3 has requested that the gravel driveway and turnaround area within the Dogwood Road right-of-way south of West 78th Street remain, with the portion of the turnaround within Lot 1, Block 2 being removed. This gravel drive and turnaround will require an Encroachment Agreement which would be filed with the final plat. The drive and turnaround will be removed when Dogwood Road is extended in the future. The Arbors Planning Case 07-02 January 2, 2007 Page 10 of 18 LANDSCAPING AND TREE PRESERVATION Tree canopy coverage and preservation calculations have been submitted for The Arbors development. They are as follows: Total upland area (excluding wetlands, bluff, park) Baseline canopy coverage Minimum canopy coverage required Proposed tree preservation 20 ac. 36.7% or 319,770 SF 30% or 261,360 SF 22.5 % or 195,791 SF The developer does not meet minimum canopy coverage allowed; therefore, the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage Multiplier Total replacement Total number of trees to be planted 65,569 SF 1.2 78,683 SF 72 trees The total number of trees required for the development is 72. The applicant has proposed a total of 60 trees. There are no bufferyard requirements for this development. The applicant has proposed a conservation easement over parts of Lots 1-3,5, and 8-9, Block 1. The existing woods are of high value and consist primarily of sugar maple. The applicant has protected a reasonable amount of the wooded area on Lots 1 through 3, but staff recommends that the easement be enlarged on Lots 5, 8 and 9 to cover more of the wooded area because of its high quality. PARKS AND RECREATION Parks This property is located within an area of the City not currently served by a neighborhood park. However, there is an abundance of parkland and open space in the vicinity of The Arbors. The property shares its southern border with the Minnesota Landscape Arboretum. This particular portion of the Arboretum, consisting of research fields, is not open to the public. Minnewashta Regional Park is located approximately one-half mile north of the site off of State Highway 41. This 340-acre regional park facility is operated by Carver County and features a swimming beach, bathhouse, concession stand, picnic shelters, volleyball courts, playground, trails and fishing pier. The City owns ten acres of wooded open space at the intersection of Tanadoona Drive and State Highway 41. No additional parkland acquisition is being recommended as a condition of this subdivision. The Arbors Planning Case 07 -02 January 2,2007 Page 11 of 18 TRAILS The subject site has convenient access to the West 78th Street pedestrian trail. The applicant should be required to connect The Arbors neighborhood to this trail with a sidewalk connection along the entire north side of the new section of West 78th Street. No additional trail construction is being recommended as a condition of this subdivision. The two existing homes paid park and trail fees. Therefore, only 20 additional dwelling units will be required to pay park fees. , Based on 2007 park fees, the total fees payable at the time of final plat approval would be $116,000.00. WETLANDS Existing Wetlands Two natural wetlands exist on-site. Kjolhaug Environmental Services delineated the wetlands in May 2001. The wetland boundaries were reevaluated in November 2006 and are consistent with those delineated in 2001. Wetland 1 is a Type 3 wetland adjacent to Lake Minnewashta in the southwest corner of the property. The wetland is dominated by reed canary grass, cattail, red osier dogwood and sedges. This project does not propose to impact Wetland 1. Wetland 1 is classified as a Preserve wetland by the City Wetland Inventory. Wetland 1 is approximately 17,965 square feet on the site. Wetland 2 is a forested Type 1 wetland in the north center portion of the property. The wetland is dominated by American elm, black ash, box elder and sedges. This project does not propose to impact Wetland 2. Wetland 2 is not included in the City Wetland Inventory. The applicant should classify Wetland 2 using the results from the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0). An electronic version of the completed MnRAM evaluation should be submitted to and approved by the city to establish the classification of Wetland 2 so the appropriate wetland buffer and setback requirements can be determined. Wetland 2 is approximately 6,920 square feet. A wetland buffer 50 in width and a 50 foot setback from the wetland buffer must be maintained around Wetland 1. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. Wetland buffer and setback requirements for Wetland 2 are contingent upon review and approval of the MnRAM for that wetland. The proposed driveways and structures on Lots 1 and 2, Block 1 appear to be within the wetland setback for Wetland 2. The applicant should submit house plans that will meet the required setbacks on Lots 1 and 2, Block 1. The proposed conservation easement should be revised to envelop Wetland 2 and the required wetland buffer. The Arbors Planning Case 07-02 January 2,2007 Page 12 of 18 LAKES The proposed project is within 1,000 feet of the ordinary high water level (OHW) of Lake Minnewashta and is therefore within the lake's shoreland management district. The Minnesota Department of Natural Resources (DNR) classifies Lake Minnewashta as a recreational development lake. The ordinary high water (OHW) elevation from Lake Minnewashta is 944.5. COMPLIANCE TABLE Area (sq. ft.) Frontage (ft.) Depth (ft.) Notes Code 15,000 non-riparian 90 125 20,000 riparian Ll Bl 35,715 154 367 Wetland 2, net lot area 28,795 sq. ft. L2Bl 31,452 111 332 Wetland 2 L3Bl 31,169 118 299 UBI 46,867 186 214 Corner lot L5Bl 37,940 144 269 L6Bl 25,071 120 208 Corner lot L7Bl 18,360 130 177 L8Bl 53,860 71 * 310 *98' width at bldg setback L9Bl 31,623 72 * 236 *97' width at bldg setback LlO Bl 30,238 72 * 217 *102' width at bldg setback Lll Bl 35,371 80 * 236 *101' width at bldg setback L12 Bl 28,797 112 251 L13 Bl 24,302 116 182 Corner lot L14 Bl 28,220 156 208 LIB2 21,645 144 140 Corner lot L2B2 21,845 170 160 L3B2 19,826 118 151 UB2 25,309 122 188 L5B2 18,964 130 142 Ll B3 39,730 92 353 Lakeshore & wetland 1, net lot area 34,485 sq. ft. L2B3 36,495 100 380 Lakeshore & wetland 1, net lot area 31,195 sq. ft. L3B3 35,865 100 379 Lakeshore & wetland 1, net lot area 28,445 sq. ft. Outlot A 3,372 Landscape island Outlot B 9,520 Signage/ gazebo Outlot C 39,268 Storm water pond ROW 132,850 3.05 acres Total 863,674 19.83 acres including 0.57 acres of wetland The Arbors Planning Case 07 -02 January 2, 2007 Page 13 of 18 SETBACKS Setback (ft.) Front 30 Sides 10 Rear 30 Lakeshore (OHW) 75 Wetland 1 50 (plus 50 foot buffer) Wetland 2 To be determined based on MnRAM evaluation OTHER AGENCIES The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. RECOMMENDA TION Staff recommends that the Planning Commission adopt the following three motions and adoption of the attached findings of fact and recommendation: A. "The Chanhassen Planning Commission recommends that the City Council approve Comprehensive Land Use Map Amendment from Residential-Large Lot to Residential-Low Density for Lots 1 through 3, Block 3, of the preliminary plat of The Arbors contingent on Metropolitan Council review." B. "The Chanhassen Planning Commission recommends that the City Council approve the Rezoning from RR, Rural Residential, to RSF, Single Family Residential for the land within the plat of The Arbors subject to final plat approval for The Arbors." C. "The Chanhassen Planning Commission recommends that the City Council approve the preliminary plat for the Arbors creating 22 lots, 3 outlots and public right-of-way, plans prepared by Otto Associates, dated October 31, 2006, subject to the following conditions: 1. The house designs, locations and driveway configurations for Lots 1 and 2, Block 1, must be revised to maintain the required wetland setback. 2. Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a condition of approval for The Arbors. The park fees shall be collected in full at the rate in force upon final plat submission and approval. 3. Fire Marshal's Conditions: The Arbors Planning Case 07-02 January 2, 2007 Page 14 of 18 a. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. b. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. c. Temporary street signs shall be installed at street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. d. Fire apparatus access roads shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all-weather driving capabilities. Pursuant to Minnesota State Fire Code Section 503.2.3. e. Submit proposed cul-de-sac name to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. f. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 4. Building Official Conditions: a. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. b. Demolition permits must be obtained prior to demolishing any structures on the site. c. Existing wells and on-site sewage treatment systems on the site must be abandoned in accordance with State Law and City Code. d. The developer must submit a list of proposed street names for review and approval prior to final plat of the property. e. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. f. Separate sewer and water services must be provided each lot. 5. City Forester's Conditions: a. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall be in place and maintained until all construction is completed. The Arbors Planning Case 07-02 January 2, 2007 Page 15 of 18 b. Any trees removed in excess of proposed tree preservation plans, dated 10/31/06, will be replaced at a ratio of 2: 1 diameter inches. c. A minimum of two trees shall be planted on each lot. d. Tree conservation easements on Lots 5, 8, and 9, Block 1 shall be enlarged beyond what is shown on plans dated 10/31/06. e. Tree conservation easements shall be located on Lots 1-3,5,8-9, Block 1. f. The applicant shall replace Colorado spruce shown on landscape plan with concolor fir or Norway spruce. 6. City Engineer's Conditions: a. In order to meet the 10% maximum allowable driveway grade on Lots 1 through 3, Block 1, the builder may have to put steps in the garage to accommodate the grade change. b. The dead pool volume of the pond needs to be increased by 360 cubic feet to meet the MPCA Phase II requirements. c. The proposed 1036 foot contour on Lots 12 and 14, Block 1 must be shifted so that the backyard grade is minimum 2%. d. The proposed major contours must be a different line weight or type. e. Based on the grading plan, the home on Lot 5, Block 1 will be a walkout, not a full basement. f. The top and bottom of wall elevations of the wall must be shown on the grading plan. g. Preliminary plat approval shall be contingent upon the approval and construction of Project 06-06. h. Watermain must be minimum 18 inches above or below the sanitary sewer. 1. Access for Lots 2 and 3, Block 3 will be addressed and constructed when those lots are final platted. J. An encroachment agreement is required for the gravel drive and turnaround within the Dogwood Road right of way south of West 78th Street. 7. Water Resources Coordinator's Conditions: The Arbors Planning Case 07-02 January 2, 2007 Page 16 of 18 a. The applicant shall classify Wetland 2 using the results from the Minnesota Routine Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0). An electronic version of the completed MnRAM evaluation shall be submitted to and approved by the city to establish the classification of Wetland 2 so the appropriate wetland buffer and setback requirements can be determined. b. A wetland buffer 50 in width and a 50 foot setback from the wetland buffer must be maintained around Wetland 1. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. Wetland buffer and setback requirements for Wetland 2 are contingent upon review and approval of the MnRAM for that wetland. c. The proposed driveways and structures on Lots 1 and 2, Block 1 appear to be within the wetland setback for Wetland 2. The applicant shall submit house plans that will meet the required setbacks on Lots 1 and 2, Block 1. d. The proposed conservation easement shall be revised to envelop Wetland 2 and the required wetland buffer. e. A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota Pollution Control Agency (MPCA) for this site. A Storm Water Pollution Prevention Plan (SWPPP) will be required in conjunction with this application. The SWPPP shall be provided to the City so it can be reviewed by the Carver Soil and Water Conservation District prior to the preconstruction meeting for the project. f. The proposed storm water pond shall be constructed prior to disturbing up gradient areas and used as a temporary sediment basin during mass grading. Diversion berms/ditches may be needed to divert water to the pond and a temporary pond outlet shall be provided. The outlet could be a temporary perforated standpipe and rock cone. The plans shall be revised to include a detail for the temporary pond outlet. g. It shall be noted on the SWPPP that all areas that will not be permanently stabilized within the timeframe required by the NPDES permit shall be temporary mulched and seeded. A note shall be included in the dewatering section of the SWPPP that states: "If construction of the proposed temporary/permanent sediment pond is not completed prior to dewatering, the City's on-site construction observer must approve proposed dewatering methods prior to beginning dewatering." h. The plans shall be revised to incorporate Chanhassen' s standard details for erosion and sediment control, including 5302A and 5302D. Proposed erosion and sediment controls for individual lots shall include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the Certificate of Occupancy. The Arbors Planning Case 07-02 January 2, 2007 Page 17 of 18 1. The applicant shall provide erosion and sediment control along the south and east property lines to prevent discharge of sediment onto adjacent properties. J. All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50 -75 feet. This shall be noted on the plans and discussed at the preconstruction meeting. k. Energy dissipation shall be provided at the inlet to the proposed pond and at the end of the discharge pipe that outlets to the wetland within 24 hours of pipe installation. The discharge location for the outlet of the proposed pond shall be evaluated to ensure that the proposed discharge will not cause erosion issues. Reinforced erosion control matting may be required. 1. A stable emergency overflow (EOF) for the stormwater pond shall be provided. The EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion control blanket). A typical detail shall be included in the plan. The overland route from the EOF to Lake Minnewashta shall be shown on the plans and shall be encumbered by a drainage and utility easement. m. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3: 1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) n. These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. o. Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In that case, all storm sewer inlets shall be protected by at least fabric draped over the manhole with a steel plate holding the fabric in place. p. The plans shall be revised to show a rock construction entrance (minimum 75 feet in length) wherever construction traffic will access the site. The rock construction entrance shall be constructed in accordance with Chanhassen's Standard Detail 5301. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. q. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $74,570.50. The Arbors Planning Case 07-02 January 2,2007 Page 18 of 18 r. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. 8. The developer shall provide in both their sales material and within the association covenants full disclosure about the Minnesota Landscape Arboretum location, use of electric fence, research operations, and agricultural operations including the spraying of trees. 9. The developer shall install signage on Lots 4 and 5, Block 2, and Outlots Band C warning of the electrical fence on the Minnesota Landscape Arboretum property." ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application 3. Reduced Copy Preliminary Plat 4. Reduced Copy Preliminary Utility Plan 5. Reduced Copy Preliminary Street Plan 6. Reduced Copy Preliminary Grading Plan 7. Reduced Copy Existing Tree Inventory . 8. Reduced Copy Tree Inventory (After Primary Construction) 9. Reduced Copy Tree Inventory (After Secondary Construction) 10. Reduced Copy Site Landscape Plan 11. Park & Trail Map (partial) 12. Letter from Steven Yon Bargen (Center Point Energy) to Robert Generous dated 12/19/06. 13. Public Hearing Notice and Mailing List g:\plan\2007 planning cases\07 -02 the arbors\staff report the arbors.doc CITY OF tHANFlASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application the Carlson Custom Homes, Inc. request for a land use amendment from Comprehensive Land Use Map Amendment from Residential-Large Lot to Residential-Low Density on the westerly portion of Lot 1, Block 1, Zimmerman Farm 1st Addition; Rezoning from RR, Rural Residential, to RSF, Single Family Residential; and the Subdivision of approximately 20 acres into 22 lots, 3 outlots and public right-of-way for THE ARBORS. On January 2, 2007, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application. The Planning Commission conducted a public hearing on the proposed amendment and rezoning preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential, RR. 2. The property is guided in the Chanhassen Comprehensive Plan for Residential - Large Lot (the westerly 2.57 acres) and Residential- Low Density uses. 3. The legal description of the property is: Lots 1 and 2, Block 1, Zimmerman Farms 1st Addition. 4. 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. 1 e. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f. Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The Subdivision Ordinance, City Code section 18-39, directs consideration of seven standards in considering approval of a subdivision. The City Council finds that all applicable standards have been met. The seven standards and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance, specifically the Single-Family Residential District standards; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the cityls comprehensive plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter upon construction of Public Project #06-06. e. The proposed subdivision will not cause significant environmental damage; f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature. The subdivision has upon construction of Public Project #06-06: 1) adequate storm water drainage. 2) adequate roads. 3) adequate sanitary sewer systems. 4) adequate off-site public improvements or support systems. 6. The planning report #07-02, dated January 2, 2007, prepared by Robert Generous, et aI, is incorporated herein. 2 RECOMMENDATION The Planning Commission recommends that the City Council approve a Comprehensive Land Use Map Amendment from Residential-Large Lot to Residential-Low Density on the westerly portion of Lot 1, Block 1, Zimmerman Farm 1st Addition; Rezoning from RR, Rural Residential, to RSF, Single Family Residential; and the preliminary plat approval of approximately 20 acres into 22 lots, 3 outlots and public right-of-way for THE ARBORS. ADOPTED by the Chanhassen Planning Commission this 2nd day of January, 2007. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 3 Planning Case No. Cf7-(J~ CITY OF CHANHASSEN 7700 Market Boulevard - P.o.. Box 147 Chanhassen, MN 55317 - (952) 227-1100 CITY OF CHANHASSEN RECEIVED DEe 0 i-J2006 DEVELOPMENT REVIEW APPLICATION CHANHASSEN PLANNING DEPT PLEASE PRINT Applicant Name and Address: c1~t,y,,~ ;P,;;trcL I )f CQr-/5cJJ2_ Ct/15--JCiJJ1 )laMes. /' L/)'C, /7'90 ..tf,:-:ttu~..rjt)Jl s/.JC~;'>: vr:V-f .LA 4'5A:~1 Jl;J!I :55'5/ g Contact: PO.>'l . f}}..I --r Y501]" /tv/kz/ k"Mtujer Phone:.'1~..7 '175- ~c>Lj_? Fax: 154 'I1$-~cJI6 Email: c/oPlcddpeler (30C;c.>p1C,C1s-r.. jl/el O,:",,:!erName find Addr~ss: Parcel /:9 /..:>eHY CVI4. P~fJ!,IJU "l!Y4J7$ / 75-7 e; t7 0tJ fI.z,c>ct I{ (pD-d CAa;n;)a5:5ffJ j /1-1 AI 15:7717 Gontact: . 1J -e a/HIcp<. J:?r';:aJ'l d r Phone: ?S:2 LJ 11) ~ CtJ.-16Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans/ V Comprehensive Plan Amendment ;J ~(!"'""4j_:5''Ji) Temporary Sales Permit /' 11 /1) Conditional Use Permit (CUP) V Vacation of Right-of-Way/Easements (VAC) .00v Interim Use Permit (IUP) Variance (VAR) Non-conforming Use Permit Wetland Alteration Permit (WAP) Planned Unit Development* / Rezoning If 56JC (J//f>!'f--:P) Zoning Appeal Zoning Ordinance Amendment Sign Permits hotifiCatiOn Sign - $200 (City to install and remove) Sign Plan Review Site Plan Review (SPR)* /' A/'w' J /...... ~. . ~ r/ .!",;... ,'1#7<" Subdivision* COo';' I:? I ?J .:? it ~ '1"76> X Escrow for Filing Fees/Attorney Cost** - $50 CUP/SPRlVACNARlWAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ 11 :J..!5. ~ () (~c;o 1-t;'h;c-n:5) An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen {16} full..size folded copies of the plans must be submitted, including an 8%" X 11" reduced'oopy for each plan sheet along with a diaital copy in TIFF-Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. $CANNED NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application.' N v PROJECT NAME: -7/J e- A r boys LOCATlqN:",_.,oo:wooq( /(c1ad a.ly;l jt-/7e'1",{ ~-t.el LEGAL DESCRIPTI~N: /~c; I / a J ~o 1'";Z --' /JooA / / /$?"',,4dd/i/ol} . / 5,.6 4CI't.;5 Z- nlJ /lJ. -t-Ymee'1 faY /11.-> ' 'TOTAL ACREAGE: ~. '\"" ~ / WETLANDS PRESENT: X YES i' PRESENT ZONING: /(uyetl lee 'S,1'cJen.j;~ K Pi REQUESTED ZONING: I? Sl F ,'; " j{ -t$};J {trji;;Jc;;; r"'l j'€ kltt I;r P~ESENT LAND USE DESIGNATION: ~.~:)r/~,;pmr;;</o~;;ite/f;.,f;/:;'~i tJ~0!o~. fk$ /t;f9f!]:$ j416~ REQUESTEP LAND USE DESIGNATION: ,;f tY'$ : d~1/1'iS(:;1 /OW' ~t>J1siT'Y / .' . . . REASON FOR REQUEST: a St(t~I/I"<fj/CJJ1 (;~/ mea. cre~t' /a7S ;~-;; ?'?- l(:5;:: ft,7?;- .cat.c/:? c:>u7h/5 Yur ;:'l:.147tra.,e'1;(../r~ C; I ,/-0 /J/ew/ r-e<; /4 e/ii/;j );CiU€7 4~4)7'iV~. el'/f$-1;M At-fi<.:.J'. ,I 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 15 business days of application submittal. A written . notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to 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 Title, 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. 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. The documents and information I have submitted are true and correct to the best of mY~e~1\ n () lj)VfJ Si nature of Applicant t (l.!,;9 p J~i!.ft;~ ~l./ P-.1" /"J?/ <36~ / /$1 A 4<1/17 t,/J') . -JI ~ ')~ -00 Date SCANNt:D Si~n~!ure of Fee Owner ~}vA~ /.~T ~> ,try&- ~V'-1l4}{WI)!(f<f11 /~r /J4c1/1/~Jl4 11'~<{'OIo Date G:\pLAN\forms\Development Review Application.DOC Rev. 12/05 ""'i~:',,'t,':3 $I.>>;:;;' ..:"",;i!t~ -.:::::: r., V.LHSVM3NNII'I 3)!\fl /-- /-- ~: ~ ~li ~/ ~ "- ~ \, ~ \ I~ \ ' t \i \ @ \ \ \ - \ \. \. 1 0,- '..q...~ E '\ I I ! . . \ '" ~I ~, lEE zz (II ~~ .. cc ~~~ ~ ~~ 11-1 a -l-l tiq~ ~-~ . " &~ 00 I 0 : I 1--10 ~ I 3 : . ~ L__}_~_~ r-- -fOg I '" I ~ L" I I . : ~ I m~u. . ~~~~ m~ ";~~ ~~~ ~m= ~~~ i~. .~~ ~"'~ ~s~ ~~; ~~~ \ \ \ -.. '-.. 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MN- 1'11~'" i' o ~ '#h~ q ?:\6ie ~\1rt cres~~ D Minnesota Landscape Arboretum HAS,S.'; EN . - - . '., _. ""0- j ': "'. '-. -,' ,'--..'-,,'--'-,;-,", :f"fl.il/~/:jau,n.lt~ . CenterPoint@ Energy 700 West Linden Avenue PO Box 1165 Minneapolis, MN 55440-1165 December 19, 2006 Robert Generous Senior Planner City of Chanhassen 690 City Center Drive, P.O. Box 147 Chanhassen, MN. 55317 RE: Preliminary Plat of The Arbors Dear Mr. Generous: With reference to the preliminary plat of The Arbors, CenterPoint Energy currently has two easements crossing this plat. A drawing is enclosed for reference. CenterPoint Energy pipelines are operated and maintained in accordance with the Code of Federal Regulations, Part 192, Title 49, "Transportation of Natural and Other Gasses by Pipeline: Minimum Federal Safety Standards. CenterPoint Energy's easement number 1992-60 and 1992-61. The easements are recorded with the Carver County Registrar of Titles as document number T74942 and as document number T74943. To aid in an acceptable development in the easement area, I have enclosed a copy of CenterPoint Energy's. Guidelines for Construction and/or Encroachment within Gas Pipeline Easements. . Please instruct the developer to use these Guidelines when making the necessary changes to their plans in the easement area. Additionally these easements are not referenced on the plat and must be included. Subsequent to the changes mentioned above, please send a set of the final plans to me at the address below for approval. Respectfully, CENTERPOINT ENERGY S;C: v","6~ Steven Von Bargen Right-of-Way Administrator pc: Cherie Monson, Sales Consultant Andrew Balgobin, Administration Engineer CENTERPOINT ENERGY RESOURCES CORP., D.B.A. CENTERPOINT ENERGY MINNESOTA GAS GUIDELINES FOR CONSTRUCTION AND/OR ENCROACHMENT WITHIN GAS PIPELINE EASEMENTS The following are general requirements only. CenterPoint Energy must inspect the area and review construction plans. Final construction plans must be reviewed and aporoved. in writing. bv Center Point Energv Engineering prior to the start of any construction within CenterPoint Energy's easement. Grading and utility plans showing Center Point Energy's aooroval must be on site and available to CenterPoint Energy personnel during construction within the easement. 1. Soil shall not be removed or placed in a manner that will result in earth or pavement cover over the pipeline of less than three feet or more than five feet unless otherwise approved. A level area of not less than six feet on each side of the pipeline shall be maintained at all times. Slope beyond 6' from the pipeline shall not be steeper than 4 to 1, unless otherwise agreed. Any amount of cut or fill, within the 4 to 1 slope area, shall increase the width of the level area on each side of the pipeline by that same footage of cut or fill. Blasting in the vicinity of any pipeline requires review and written approval by a Center Point Energy engineer prior to start. The pipeline must be fully accessible at all times before, during, and after the construction. 2. Landscaping over and within ten feet on each side of the pipeline is restricted to grass cover only. Beyond ten feet on each side of the pipeline, upright plantings are restricted to, and shall not exceed an eventual growth height of six (6) feet. No trees shan be planted or remain within the easement. Any trees, removed by Center Point Energy from within the easement, while performing maintenance activities shall not be replaced by Center Point Energy or the current owner, their successors or assigns. 3. Any buried utility line installed across the in-place pipeline shall be placed below the pipeline with no less than one foot of vertical separation. padded with well compacted (95% Standard Procter) and cross at an angle between 45 degrees and 90 degrees from the pipeline unless otherwise approved. 4. With prior Center Point Energy approval by a Senior Engineer or Right of Way Administrator, parking lots, perpendicular driveways or roadways of portland cement concrete or asphaltic concrete (or similar materials) may be placed within the easement, but shall be limited in width when crossing the easement to minimize the interference with or access to the pipeline for inspection and maintenance. Any contractor equipment movement over the pipeline shall only be at an angle greater than 45 degrees to the pipeline, and must be on a constructed haul road composed of well-graded gravel, 3 feet thick, for a minimum. distance of ten feet on each side of the pipeline Petmanent structures including, but not limited to, buildings, signs, screen walls, decks, tennis courts, and swimming pools are not allowed under any circumstances within the easement. Installations including, but not limited to, retaining walls and fences crossing the pipeline require approval by the Center Point Energy Senior Engineer or the Right of Way Administrator, befote construction. All fences crossing the pipeline must have a 10-foot wide gate centered over the pipeline. All fences installed parallel with the pipeline will maintain a minimum of 10 feet of separation from the pipeline. 5. Once Center Point Energy and the Owner, Developer or Contractor have reached an agreement, CenterPoint Energy shall be given at least two working days advance notice of planned construction activity so arrangements can be made for CenterPoint Energy Personnel to monitor the construction. Center Point Energy will locate and stake the pipeline, but will not assume responsibility to expose or backfill the pipeline or to determine the actual elevation of the in-place pipeline. Excavation to expose the pipeline shall be parallel to the pipeline. Center Point Energy Personnel must be present during this excavation. Backfill must be free of rocks and shall be compacted to 95% Standard Procter. 6. Any subsequent damage or removals caused by CenterPoint Energy in the exercise of its easements rights, of any and all of those certain foreign constructions (landscaping, driveway, roadway, utility lines, etc.) which may be permitted within the easement area, will be permanently repaired or replaced at the owner's or contractor's (not Center Point Energy's) expense. 7. In accordance with Federal Department of Transportation Codes, CenterPoint Energy must place markers over transmission pipelines. These markers will be placed at all road crossings, in back of curb or at property line, at changes of direction and periodically along the pipeline. All natural gas transmission line locating markers placed by Center Point Energy will not be removed. If you have any questions call 612.321.5426 or 612.321.5381. Januaty 20, 2005 GENERAL LOCATION ONLY. DO NOT USE TO LOCATE FOR EXCAVATION. CALL 1-800-252-1166 FOR ONSITE LOCATIONS AND STAKING. "" ~ ~1531 U :J ~ -..JJ~o ...&ill f I / ~ I 5 I~ r 7tP~O / i I ~"., . I Plotted by: gasread Plot Date: 12/19/2006 Field 1 : Field2: Seal e: 1": 1 50 ' CV North CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on December 21, 2006, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for THE ARBORS - Planning Case 07-02 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. 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This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes oniy. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes ~466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hoid harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact.952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes ~466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User. its employees or agents, or third parties which arise out of the user's access or use of data provided. Public Hearing Notification Area (500+ feet) The Arbors Planning Case No. 07-02 City of Chanhassen Lake Minnewashta GETSCH CORP 1069 DORLAND RD S MAPLEWOOD, MN 55119-3576 REGENTS OF UNIV OF MINNESOTA 319 15TH AVE SE 424 DON HOWE BLDG MINNEAPOLIS, MN 55455-0118 JOHN & JOYCE FOLEY 4804 DUN BERRY LN MINNEAPOLIS, MN 55435-1537 ROGER W OAS 7301 DOGWOOD EXCELSIOR, MN 55331-8015 JANET M QUIST & 7331 DOGWOOD EXCELSIOR, MN 55331-8015 GETSCH CORP 7530 DOGWOOD RD EXCELSIOR, MN 55331-8053 PEMTOM COMPANY 7597 ANAGRAM DR EDEN PRAIRIE, MN 55344-7399 ROBERTW & MARY M HAGEMAN & 7660 CRIMSON BAY RD CHASKA, MN 55318-9603 MINNESOTA ST HORTICULTURAL U OF M RM 1 HORTICULTURE BLDG ST PAUL, MN 55108- CARLSON CUSTOM HOMES INC 1440 BAVARIAN SHORES DR CHASKA, MN 55318-1547 GRETCHEN L F STARKS 3301 T ANADOONA DR EXCELSIOR, MN 55331-8048 GETSCH CORP 5404 GLENGARRY PKY EDINA, MN 55436-2006 SCOTT A VERGIN 7311 DOGWOOD EXCELSIOR, MN 55331-8015 RICHARD C LUNDELL 7341 DOGWOOD EXCELSIOR, MN 55331-8015 CHARLES & JENNIFER NEWELL 7550 DOGWOOD RD EXCELSIOR, MN 55331-8053 PAUL GREGORY & MARY S SUMNERS 7620 CRIMSON BAY RD CHASKA, MN 55318-9603 ROB M & CALI L OLSON 7700 CRIMSON BAY RD CHASKA, MN 55318-9623 WESTWOOD COMMUNITY CHURCH 3121 WESTWOOD DR EXCELSIOR, MN 55331-8044 PETERSON REVOCABLE TRUST 3301 TANADOONA DR EXCELSIOR, MN 55331-8048 MPLS COUNCIL OF CAMPFIRE GIRLS 640 GRANT ST E MINNEAPOLIS, MN 55404-1431 L MARTIN & DONNA R JONES 7321 DOGWOOD EXCELSIOR, MN 55331-8015 ALAN H & KAREN L DIRKS 7431 DOGWOOD EXCELSIOR, MN 55331-8013 PETER T & DEANNA 0 BRANDT 7570 DOGWOOD RD EXCELSIOR, MN 55331-8053 DANIEL J & KAREN A HERBST 7640 CRIMSON BAY RD CHASKA, MN 55318-9603 RICHARD A & DARLENE J HANSON 7750 CRIMSON BAY RD CHASKA, MN 55318-9623 Message Page 1 of 2 Generous, Bob From: Roger Knutson [RKnutson@ck-law.com] Sent: Wednesday, January 03,20073:05 PM To: Generous, Bob Subject: Emailing:getpub.htm Attachments: revisorWhite.jpg; left.gif; right.gif legislature Home I Links to the World I Help I Advan House I Senate I Joint Departments and Commissions I em Search and Status I Statutes, Laws, and Rules Minnesota Statutes Table of Chapters Chapter 561 Table of Contents 561.19, Minnesota Statutes 2006 Copyright @ 2006 by the Office of Revisor of Statutes, State of Minnesota. ~ 9 matches for farm nuisance. 561.19 <<4NUISANCE. LIABILITY OF AGRICULTURAL OPERATIONS. Subdivision 1. Definitions. For the purposes of this section, the following terms have the meanings given them: (a) "Agricultural operation" means a facility and its appurtenances for the production of crops, livestock, poultry, dairy products or poultry products, but not a facility primarily engaged in processing agricultural products. (b) "Established date of operation" means the date on which the agricultural operation commenced. If the agricultural operation is subsequently expanded or significantly altered, the established date of operation for each expansion or alteration is deemed to be the date of commencement of the expanded or altered operation. As used in this paragraph, "expanded" means an expansion by at least 25 percent in the number of a particular kind of animal or livestock located on an agricultural operation. "Significantly altered" does not mean: (1) a transfer of an ownership interest to and held by persons or the spouses of persons related to each other within the third degree of kindred according to the rules of civil law to the person making the transfer so long as at least one of the related persons is actively operating the <<4farm., or to a family -4farm. trust under section 500.24; (2) temporary cessation or interruption of cropping activities; (3) adoption of new technologies; or (4) a change in the crop product produced. (c) "Generally accepted agricultural practices" means those practices commonly used by other -'4 farm. ers in the county or a contiguous county in which a "'nuisance. claim is asserted. Subd. 2. Agricultural operation not a nuisance. (a) An agricultural operation is not and 1/4/2007 Message shall not become a private or public "nuisance"- after two years from its established date of operation as a matter of law if the operation: (1) is located in an agriculturally zoned area; (2) complies with the provisions of all applicable federal, state, or county laws, regulations, rules, and ordinances and any permits issued for the agricultural operation; and (3) operates according to generally accepted agricultural practices. (b) For a period of two years from its established date of operation, there is a rebuttable presumption that an agricultural operation in compliance with the requirements of paragraph (a), clauses (1) to (3), is not a public or private ..nuisance..-. (c) The provisions of this subdivision do not apply: (1) to an animal feedlot facility with a swine capacity of 1,000 or more animal units as defined in the rules of the Pollution Control Agency for control of pollution from animal feedlots, or a cattle capacity of 2,500 animals or more; (2) to any prosecution for the crime of public "nuisance"- as provided in section 609.74 or to an action by a public authority to abate a particular condition which is a public "nuisance"-; or (3) to any enforcement action brought by a local unit of government related to zoning under chapter 394 or 462. Subd. 3. Existing contracts. This section shall not be construed to invalidate any contracts or commitments made before January 1, 1983. Subd. 4. Severability. If a provision of this section, or application thereof to any person or set of circumstances, is held invalid or unconstitutional, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application. To that end, the provisions of this section are declared to be severable. Subd. 5.[Repealed, 1983 c 182 s 2] History: 1982 c 533 s 1; 1983 c 182 s 1; 1994 c 619 s 9,10; 1994 c 622 s 4,5; 2001 c 128 s 4; 2004 c 254 s 43,44 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the CQD1ClQt!'''-~ page. G_~D~[gLq!"t~~jions or comm~llts. 1/4/2007 Page 2 of2 UNIVERSITY OF MINNESOTA Office of the General Counsel 360 McNamara Alumni Center 200 Oak Street S.E. Minneapolis, MN 55455-2006 612-624-4100 612-626-9624 Fax January 11, 2007 Robert Generous Senior Planner City of Chanhassen 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 RE: The Proposed Arbors Subdivision Dear Mr. Generous: I understand that the Chanhassen Planning Commission is considering approvals for a subdivision known as The Arbors. The Regents of the University of Minnesota own the land immediately south of the proposed subdivision which is part of the University's Horticultural Research Center ("HRC"). Peter Olin and Peter Moe asked me to communicate the University's concerns regarding the proposed subdivision and, more specifically, to request that any approvals for the subdivision granted by the City of Chanhassen incorporate protections for the University's important research at the HRC. The University of Minnesota Property on the north side of Highway 5 and immediately south of the proposed development is used for a broad range of horticultural activity that is important to the University and the entire state. Currently research is conducted there in cold hardiness, landscape-plant breeding, techniques for propagating woody plants, ornamental grasses and turf, and wetland restoration. HRC researchers have introduced several ornamental plants, including the 'Lights' azalea series, the 'Northwood' maple, and 'Northern Sun' forsythia. Since it was first established in 1908 as the University's Fruit Breeding Farm, the HRC has been best known for its efforts to develop hardy apple trees for very cold climates. The site south of the proposed development is especially suited for growing apples. This is due to the fertile, clay loam soils and the south facing slope which provides good drainage for the apple tree roots and also allows for cold air that could freeze blossoms to flow down the hill in early spring. Deer create problems for apple researchers and growers, and the University has made special efforts to keep deer out of the HRC. Apple trees are expensive and, more significantly, many of the University's apple trees are "one of a kind" trees resulting from plant exploration trips to countries such as Kazakhstan. Many are the only trees resulting from certain crosses. Young apple trees must be trained in a precise way to form a strong central leader with regularly spaced, horizontal, branches that bear the fruit. Deer are very fond of apple twigs and buds and can eat all of the twigs grown the previous year in a few minutes and completely destroy the form and research value of the tree. Deer browsing on older trees remove many of the flower buds thereby decreasing the crop and preventing researchers from collecting yield data. Robert Generous Page 2 of2 January 11, 2007 To exclude deer and protect its trees, the University has for years maintained an electric fence along the boundary between the HRC and The Arbor. (ill fact, the fence surrounds the entire research site). Additionally, as part of its apple research and production operations the University periodically sprays its apple trees. While spraying ordinarily takes place on days when the air is still, there will be occasions when there is drift and persons residing near the orchard will smell the spray. The University wants residents of The Arbor to understand that they will be living near an operating orchard. Potential residents may well see this proximity to be a real advantage to living at The Arbor. ill order to promote harmonious relations between the University and its neighbors it is important that they learn about the orchard's operations (particularly the necessity of spraying and for the fence) before they buy their home. We also believe it would be advantageous to the developer and safer for the residents if the present electric fence is replaced with a non-electric, high tensile steel deer/game fence. Details regarding this fence are attached to this letter. The University requests that City approval of the subdivision should be conditioned on: 1. A requirement that documents fully disclosing information regarding the University's research activities, spraying and fencing on at the HRC should be provided to prospective purchasers. The requirement should be imposed on the developer and also on future sellers. A way of easing the burden on homeowners reselling a house would be to record the disclosure documents so that the information would turn up in the course of a title search. 2. A requirement that the developer reimburse the University for the cost of replacing the current electric fence along the boundary between The Arbor and the HRC with a high tensile steel deer/game fence. It is important that removal of the existing fence be coordinated with the erection of the new fence, and accordingly the University would do the work. The development agreement between the City and developer should provide assurances to the University that its costs will be reimbursed. We believe that these proposals will be beneficial to the City, the developer, future residents and the University. If you or members ofthe Planning Commission have any questions regarding the University's proposal, please contact Peter Olin or Peter Moe and the University of Minnesota Landscape Arboretum or call me. Sincerely, Kenneth A. Larson Director, Transactional Law Services Group cc: Peter Olin Peter Moe Susan Carlson Weinberg Don Peterson DESCRIPTION OF FENCE MEETING HRC REQUIREMENTS High Tensile Deer / Game Fence manufactured by SolidLock with Fixed Knot mesh. There are a number of benefits of using a high tensile fence over the more traditional soft product that have been used over the last century. Our fence is 12-1/2 gauge class 3 galvanized wire, 8' high with 20 horizontal wires and 330' in length with 6" spacing between vertical wires. It also has a gradient mesh that the horizontal lines get narrower as it gets lower to the ground. The strength of the wire allows for post spacing of up 25'. Can be used for a variety of applications such as keeping wildlife off of highways, or keeping livestock in designated areas. Wire rods drawn from precision machines and galvanized with state of the art technology meet or exceed existing ASTM specifications. We would recommend 8' high tensile steel woven wire with 6" treated wood posts. The estimated cost for materials and installation is about $10 -$12 per foot. Carlson Custom Homes, Inc. 1440 Bavarian Shores Drive Chaska, MN 55318 January 15,2007 Bob Generous City Planner City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 RE: Arbors preliminary plat application Dear Mr. Generous: I am writing this letter tto address some issues that arose regarding the application for the preliminary plat for The Arbors. These issues may be discussed at the upcoming planning commission meeting on Jan 16,2007. Weare in receipt of a letter from Kenneth Larson, an attorney who may represent the Minnesota Landscape Arboretum. This letter requests that the City approval of the subdivision should be conditioned on the following points: I. They request that a disclosure regarding information on the University's research activities be made to prospective purchasers of lots in The Arbors. We have consulted with our attorney regarding this matter and do intend to file a homeowners association document that will be filed on all lots in the subdivision. This will provide a permanent notice to all future owners of the properties within The Arbors. We will provide a general statement regarding the present use of the Arboretum property but can not issue detailed statements about their procedures or future uses. We will state that they do operate an apple orchard and have sprayed chemical insecticides in the past and might do so in the future but we will not try to anticipate what they might do. 2. They requested that the developer should reimburse the University for the cost of replacing the present fence with some other type of fence. We will provide signs along the south boundary of our property stating that an electric fence exists beyond the property line but we have no obligation or right to install a fence on their property. We have no right or desire to control what type offence that the University wishes to use to protect their property from wild life that might exist in the area but we will not force our future property owners to fence in their rear yards. If our future owners wish to fence in their rear yards we will provide design standards for an ornamental fence for their property. Our application requested that the pedestrian trail easement along the south and east boundaries of our property be vacated. We have provided a sidewalk along the north side of W 78th street to replace this trail as discussed with the city staff. In response to the University's concern regarding exposure to their existing electric fence we feel that this vacation will satisfy some of the concerns expressed by the University. 3. A letter was received from James Walston who represents Gretchen Starks regarding 3301 Tanadoona Drive. Any landscaping required along the city improvement project for Dogwood Road and Tanadoona is between the city of Chanhassen and the affected property owners. We will be paying a major share of any required construction as an assessment against our properties and do not object to these items being included in an overall assessment against all of the benefited properties. This will be established by the City council when they approve the assessments and construction of the project. 4. The staff report sent to the planning commission recommended that a MnRAM evaluation be prepared to establish the classification of wetland # 2. We have prepared such plan and will submit it to the staff as soon as possible. This study, prepared by Kjolhaug Environmental Services concluded that a rating of "Moderate" is appropriate for wetland # 2. The city engineering staff has requested that we consider the dedication of some additional right of way along the east side of Dogwood Road adjacent to Lot 1, Block 1 of The Arbors. This additional requested right of way will have an impact on the building site on lot 1, block 1. We will agree to the dedication of this requested additional right of way if the city staff will work with us regarding the wetland buffer and required setback on lot 1 & 2, block 1. We request that the city allow an average buffer and setback for this wetland. We request that the buffer and setback be no more than 10 feet along the west and south side of this wetland where it is close to the building pads for lots 1 and 2, block 1 and the buffer along the east side and south side can be much wider as needed. This will be established by the city council in the developers agreement which will establish the conditions for final plat approval. Please consider these proposals and move this item on to the City Council for their consideration. Respectfully submitted for your consideration: ~..~ Bruce Carlson, President of Carlson Custom Homes, Inc. and Arbors Development LLC. Generous, Bob From: Sent: To: Cc: Subject: James R. Walston [JWalston@riderlaw.com] Thursday, January 11, 2007 4:54 PM Aanenson, Kate; Generous, Bob Oehme, Paul; Fauske, Alyson FW: Comments on Arbors Project - Planning Case 07-02 > > > Kate Aanenson > Bob Generous > City of Chanhassen > > Dear Kate and Bob: > > I represent Gretchen Starks, who is the resident and trustee owner of 3301 Tanadoona Drive ("Starks Property"). As you are aware, the utilities and road portion of the public improvement project related to the Arbors development project (City Project 07-02) not only affects those properties directly adjacent to the Arbors property, but also the properties on Tanadoona Drive, most notably the Starks Property. > > Over the last year or so City staff has informed Gretchen and me that the improvement project will have significant impacts on the Starks Property--- generally in terms of: > > - the creation of additional Tanadoona Dr. right of way onto the > Starks Property; > - the destruction of a row of trees several hundred feet long along > the south side of Tanadoona Drive; -proposed assessments to 3301 > Tanadoona Drive in excess of $100,000.00; -possible destruction of the entrance way to the Starks Property. > > The developer and the City Engineering Dept. have met with Gretchen Starks and me on several occasions and have identified all of the impacts outlined above. The Engineering Dept. has also prepared some proposal relating to restoration of the Starks property follow tree removal, installation of utilities and roadway construction. We appreciate the attempts of City Staff to mitigate the impact of the improvement project. Paul Oehme and Alyson Fauske have spent a lot of time and effort in attempting to come up with plans that would minimize the project impacts on the Starks Property. Unfortunately, the proposed restoration would fall short of restoring the privacy historic tranquil setting of the south side of Tanadoona Drive.Gretchen recognizes the right of a property owner to develop property and the interest of the City and Dogwood residents to rectify the issues relating to failing septic systems. With all of this in mind, we still object to the Arbors project as the approval of the Arbor project will certainly lead to a series of actions and events which have a significant impact on the Starks property. The burden on the Starks property to shoulder construction of public improvements which have no benefit to the Starks property and then an assessment for such improvements goes beyond what is reasonable. > > As you will note from the 1/2/07 Planning Commission minutes, Gretchen Starks was in attendance but did not get to speak on these issues as the matter was tabled following the issues relating to the Arboretum. > > Please forward this letter to Mr. Jerry McDonald, Chair of Planning Commission and place this in the public file relative to project 07-02. > > Please call me if you wish to discuss. > > > > James R. Walston > Rider Bennett, LLP > Suite 4900, 33 South Sixth Street 1 > Minneapolis, MN 55402 > (612) 340-7949-telephone > (612) 337-7549-facsimile > jwalston@riderlaw.com > www.riderlaw.com > > ATTENTION: This message and any attachments are intended only for the named recipient(s), and may contain information that is confidential, privileged, attorney work product, or exempt or protected from disclosure under applicable laws and rules. If you are not the intended recipient(s), you are notified that the dissemination, distribution, or copying of this message and any attachments is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender at either the email address or the telephone number included herein and delete this message and any of its attachments from your computer and/or network. 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