Loading...
CAS-14_LAKE HARRISONWeber, Mina From: Weber, Mina Sent: Wednesday, September 03, 2008 11:17 AM To: Knutson, Roger Attachments: Lake Harrison Documents for IRS.tif Attached please find copies of the Lake Harrison file that were given to the IRS on 8/20/08. If you have any questions, let me know. Thanks, Mina Weber Citti of Chanhassen 7'00 NLarket Blvd, PO Box 147 Chanhassen,'MN 5.531 - ph -9 52-227-1102 5:17ph-952-227-1102 fax-- 952-227-1110 Dave Huffman Memorial Run 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 (952)-227-1100 (952)-227-1110 fax To: Mary Rasmussen 2644 Lynn Ave S St. Louis Park, MN 55416 952-929-5183 Ship To: Same Invoice QUANTITY DESCRIPTION UNIT PRICE AMOUNT 21 Copies .25 5.25 SUBTOTAL SALES TAX TOTAL DUE$ 5.25 .34 5.59 THANK YOU! CITY OF CHANHA33EN 7700 Market Boulevard PO Boz 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: 952227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fac 952.227.1110 Recreation Center 2318 Coulter Boulevard Phone: 952.227.1400 Fax: 952.2271404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Warts 1591 Park Road Phone: 952.227.1300 Fax: 952.727.1310 Senior Center Phone: 952.227.1125 Fax: 952.2271110 Web Site www.ci.chanhassen.mn.us os -►Lt 2c-1 Iutar[• TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner D� " DATE: July 11, 2005 SUBJ: Final Plat Approval for Lake Harrison Planning Case No. 05-14 PROPOSAL SUMMARY The applicant is requesting final plat approval for Lake Harrison creating 39 lots (one lot, Lot 1, Block 4, is for the west water treatment plant), 6 outlots and right- of-way for public streets with a 5 -foot front yard setback variance for Block 2 and subdivision variances for street grade and the use of a private street. The proposal includes approximately 62 acres. The development complies with the Single - Family Residential (RSF) District regulations. Staff is recommending approval of the final plat for Lake Harrison. BACKGROUND On May 9, 2005, the Chanhassen City Council approved the following: Rezoning of the property from RR, Rural Residential, to RSF, Single Family Residential District; Preliminary plat (Subdivision) to create 40 lots, 4 outlots and public right-of-way with a variance for a private street and street grade, subject to conditions; A 5 -foot front yard Variance for Block 2; A Wetland Alteration Permit to fill and alter wetlands on site; And, Denied the bluff setback variance. FINAL PLAT REVIEW PROPOSAL SUMMARY The applicant is requesting final plat approval for 39 lots, 6 outlots and right-of- way for public streets. As part of the preliminary plat review, the City approved subdivision variances for street grade in excess of 7 percent and the use of a private street for access to Lots 11 and 12, Block 1 and a zoning variance for a The City of Chanhassen • A growing community with clean lakes, quality schools, a charring downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Final Plat — Lake Harrison Planning Case 05-14 July 11, 2005 Page 8 4. The lot frontage for Lot 14, Block 3, must meet the 125 -foot minimum lot width if it is a lakeshorelot. *This condition no longer applies. 5. Lot 12, Block 3, contains a swimming pool and shall not be platted as a separate lot until the pool is removed or the platting of the lot is concurrent with an application for a building permit for a principal dwelling on the lot. * This condition shall be modified as follows: If Lot 12, Block 3, is further subdivided to create an additional lot, the swimming pool must be removed, prior to the replatting. 6. Prior to final plat approval, the developer shall verify that acceptable building pads can be accommodated on all lots that have lake setbacks. * This condition has been met. 7. If Lot 1, Block 4, is not dedicated for park purposes, then the development shall pay full park fees in force at the time of final plat approval. *This condition shall be modified as follows: E. Jerome and Linda Carlson will donate Outlots A, C and D to the City of Chanhassen. The developer shall pay full park fees for 37 new residential lets. The total parlr and frail fees due pny able at the lima of f nal plat recording is $148,000.00. 8. 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. The developer must submit a list of proposed street names for review and approval prior to final plat of the property. d. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. e. Separate sewer and water services must be provided each lot. L Existing wells and on-site sewage treatment systems on the site but be abandoned in accordance with State Law and City Code and the existing home must be connected to city sewer service when available. g. The swimming pool adjacent to the existing residence must be protected by a fence in accordance with City Code. h. The developer must coordinate the address change of the existing home with the construction of the development and provide access for emergency vehicles at all times. * This condition shall be modified as follows: Administration Phone: 952.227.1100 EXECUTIVE SUMMARY Fax: 952227.1110 Building Inspections MEMORANDUM Phone: 952227.11 a0 TO: Todd Gerhardt, City Manager OpF(p'��11N� FROM: Bob Generous, Senior Planner ujC��IT��Y Clltfl111H SEN Permit for the grading and filling of wetlands on site — Lake Harrison. Fax: 952.227.1170 terrain and elevation variations of the site were seen both as a challenge and an DATE: May 9, 2005 7700 Market Boulevard Fax: 952.227.1110 P 7 Chanhassen, Chanhassen, M MN 55317 SUBJ: PlanningCase #05-14, Lake Harrison Administration Phone: 952.227.1100 EXECUTIVE SUMMARY Fax: 952227.1110 Building Inspections Request for Rezoning from Rural Residential, RR, to Single Family Residential, Phone: 952227.11 a0 RSF; Subdivision review for 40 Lots, 4 Outlots and public right-of-way with Fax: 952227.1190 Variances for street grades, the use of a private street, bluff setbacks on Lots 11 and Engineering 12, Block 1, and front yard setbacks for all of Block 2; and a Wetland Alteration Phone: 952.227.1160 Permit for the grading and filling of wetlands on site — Lake Harrison. Fax: 952.227.1170 terrain and elevation variations of the site were seen both as a challenge and an Finance ACTION REQUIRED Phone: 952.227.1140 Fax: 952.227.1110 City Council approval requires a majority of City Council present. Park & Recreation Phone: 952.227.1120 PLANNING COMMISSION SUMMARY Fax: 952.227.1110 Recreation Center The Planning Commission held a public hearing on April 19, 2005, to review the 2i'C CouHer WuieJaid Phone: 952.227.1400 proposed development. The Planning Commission voted 6 to 0 to approve the Fax: 952.227.1404 rezoning, private street, street grade and front yard setback variances and the wetland alteration permit, but to deny the bluff setback variance. The Planning Planning b Natural Resources - Commission minutes are item la of the May 9, 2005 Ci Council agenda. Y City g Phone: 952.227.1130 Fax: 952.2271110 The Planning Commission was very concerned that the proposed development not Public Works negatively impact the bluff area on the western portion of the property. 1591 Park Road Phone: 952.227.1300 PARK AND RECREATION COMMISSION ACTION — APRIL 26, 2005 Fax: 952.227.1310 Senior center On Tuesday, April 26, 2005, members of the Chanhassen Park and Recreation Phone. 952.227.1125 Commission toured the Lake Harrison project site; specifically the section of land Fax: 952.2271110 proposed for a water treatment facility and potential new neighborhood park. The web site Commission was generally pleased with the site and thought with some good www.d.c anhassen.mn.us planning that it would be a good location for a small neighborhood park. The terrain and elevation variations of the site were seen both as a challenge and an attribute. Once back at City Hall, the Commission listened to a staff report concerning the project, followed by a brief report from the applicant and testimony from one of the neighboring residents. The Commission supports the proposed plan of combining a water treatment facility and a neighborhood park on the property toured. Upon the conclusion of their discussion, Commissioner Dillon moved 3 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 Lake Harrison — Planning Case No. 05-14 May 9, 2005 Page 2 that the Park and Recreation Commission recommend the City Council move forward with a plan to acquire this property with the intent of blending the two uses — a neighborhood park and water treatment facility on the site. Commissioner Scharfenberg seconded and the motion passed unanimously. RECOMMENDATION Staff and the Planning Commission recommend adoption of the four motions, beginning on page 15 of the staff report, as modified in the staff report dated April 19, 2005. ATTACHMENTS 1. Planning Commission Staff Report Dated April 19, 2005. 2. Memo from Carver County Public Works dated April 20, 2005. 3. Letter to Mayor and City Council from James & Cheri Broughton dated May 4, 2005 4. Memo to Todd Gerhardt from Bob Generous dated May 4, 2005 gAplan\2005 planning cases\05-14 lake harsison (pemmm)\execxtive summary.doc Lake Harrison Planning Case No. 05-14 April 19, 2005 Page 2 PROPOSAL/SUMMARY The developer is requesting the rezoning of the property from Rural Residential, RR, to Single - Family Residential, RSF. The RSF district zoning is consistent with the land use designation of the property for Residential — Low Density (net density range 1.2 to 4.0 units per net acre) and is compatible with the surrounding developments, which are zoned RSF district, including Highover to the west, Brenden Pond and Woodridge Heights to the north and Ashling Meadows to the east. To the south is Longacres, which is zoned Planned Unit Development — Residential (PUD -R). The developer is proposing a 39 -lot single-family subdivision with variances from the subdivision ordinance to permit eight percent street grades and the use of a private street to access Lots 11 and 12 Block 1. In conjunction with the subdivision, the developer is requesting a five-foot front yard setback variance to permit 25 -foot front yard setbacks for Block 2. Additionally, the developer is requesting a setback variance from the bluff to build within the 30 -foot building setback and to grade within the bluff impact zone. The developer's request for the wetland alteration permit is to permit the construction of the street and to fill two isolated wetlands. Lake Harrison is classified as a natural environment lake by both the Minnesota Department of Natural Resources (DNR) and Chanhassen City Code. The Ordinary High Water (OHW) of Lake Harrison has not yet been established by the DNR. DNR has been notified about the proposed subdivision and a request for an OHW determination has been submitted. DNR anticipates an OHW determination will be made in 1-2 months. The OHW determination should be completed prior to final plat approval. All plans should illustrate Lake Harrison's OHW and a 150 -foot structure setback from the OHW. The minimum lot size for riparian lots within the shoreland management zone is 125 feet wide with 40,000 square feet. The minimum lot size for non -riparian lots within the shoreland management zone is 90 feet wide with 15,000 square feet. Staff is recommending approval of the proposed development subject to the conditions of approval. Staff does not support the approval of the variances being requested. APPLI_CABLE REGUATIONS Chapter 18, Subdivisions 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 Chapter 20, Article XXVIII, Bluff Protection BACKGROUND In 1997, the City rezoned 49 acres of the westerly parcel from Rural Residential to Single -Family Residential and approved a 54 -lot subdivision for Highover Addition. Lake Harrison Planning Case No. 05-14 April 19, 2005 Page 3 REZONING The property is guided in the comprehensive plan for Residential — Low Density Uses. The Residential — Low Density designation permits net densities of 1.2 to 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, and Planned Unit Development — Residential, PUD -R. The properties to the north, east and west of this development are zoned RSF. SUBDIVISION REVIEW LANDSCAPING/TREE PRESERVATION Tree canopy coverage and preservation calculations have been submitted for the Lake Harrison development. (The developer has submitted an 87 -page listing of the tree survey which is available at city hall for those interested.) They are as follows: Total upland area ("dudiug weuands, biun, part) 33.8 ac. Baseline canopy coverage 76% or 25.7. Minimum canopy coverage allowed 46% or 15.5 ac. Proposed tree preservation 29% or 9.9 ac. 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 243,936 SF or 5.6 ac. Multiplier 1.2 Total replacement 292,723 SF Total number of trees to be planted 269 trees The total number of trees required for the development is 269. Applicant has proposed a total of 319 trees. There are no bufferyard requirements for this development. As can be seen from the canopy coverage calculations, two-thirds of the existing trees are being removed on site. The woods on this property contain a mix of quality with some areas being of high quality with many large, native trees and excellent regeneration while others have a variety of pioneer species such as boxelder, ash and elm and an infestation of buckthorn. The most significant areas in terms of quality of existing trees and functionality are located in the bluff area along the western side of the property and around the wetland on Lot 5, Block 1. A third area that contains several significantly large oaks is on Lot 9. It is shown as being outside of the grading limits and is proposed to be preserved. This area does have an established understory of buckthorn. Lake Harrison Planning Case No. 05-14 April 19, 2005 Page 4 Concerning the 5 -foot front yard variance for Lots 1-10, Block 2, the only lots that appear to benefit for tree preservation from the variance are Lots 3 and 5. City standards for tree clearing on wooded lots allow for 105 feet of tree removal from the ROW back into the lot. Lots 3 and 5 show about 105 to 115 feet of clearing. All other lots, 1, 2, 4, 6-10, range in clearing limits from 115 to 140 feet while using a five-foot front variance to reduce clearing. If the applicant could show tree preservation that meets ordinance standards, staff would support the variance, but the grading as shown still removes more trees than the minimum standards. WETLANDS Existing Wetlands Wetland determinations that occur outside the growing season leave many unanswered questions about hydrology and vegetation that can only be addressed by conducting a wetland delineation during the growing season. The applicant has submitted a preliminary determination on the approximate extent and location of the wetlands on site. A wetland delineation report illustrating wetland type, boundary and vegetation should be submitted prior to final plat approval. Areas of the preliminary wetland determination that require further investigation include: a low area within Lots 9 and 10, Block 3 that may satisfy the requirements for a jurisdictional wetland, and the preliminary northern wetland boundary of Wetland C. Wetland A is a natural, Type 7 wetland located in the northwest corner of the property. The wetland vegetation and boundaries are undetermined at this time. The applicant is proposing to fill wetland A for the creation of a public roadway and a stormwater pond. The estimated total proposed impact to wetland A is 3,843 square feet (0.09 acres). Wetland B is a natural, Type 3/5/7 wetland located in the southwest area of the property. The wetland vegetation and boundaries are undetermined at this time. The applicant is not proposing any modifications to wetland B. Wetland C is a natural, Type 2/3/7 wetland located in the southeastern area of the property. The wetland vegetation and boundaries are undetermined at this time. The applicant is proposing three fill areas and two creation areas for wetland C. Filling activities are proposed to allow for road construction. The estimated total proposed impact to the wetland includes 12,269 square feet (0.28 acres) of fill at Location C-1, 1,301 square feet (0.03 acres) at location C-2 and 2,914 square feet (0.07 acres) of fill at C-3. Wetland D is an ag/urban, Type 3 wetland located in the northeastern corner of the property. The wetland vegetation and boundaries are undetermined at this time. The applicant is not proposing impacts to wetland D. Wetland E is a natural, Type 2/3/7 wetland located in the north -central area of the property. The wetland vegetation and boundaries are undetermined at this time. The applicant is proposing two filling activities for the construction of public streets. The total proposed impacts to wetland E include 9,145 square feet (0.19 acres) at location E-1, and 2,950 square feet (0.07 acres) at location E-2. Lake Harrison Planning Case No. 05-14 April 19, 2005 Page 5 Wetland F is a natural, Type 3 wetland located in the central portion of the property. The wetland vegetation and boundaries are undetermined at this time. The applicant is proposing to fill the entire wetland for an estimated total of 5,665 square feet (0.13 acres) to accommodate additional housing pads. Wetland G is a natural, Type 3 wetland located in the west central part of the property. The wetland vegetation and boundaries are undetermined at this time. The applicant is proposing to fill the entire wetland for an estimated total of 13,331 square feet (0.31 acres) to accommodate additional housing pads. Wetland H is a natural, Type 3 wetland located in the north central part of the property. The wetland vegetation and boundaries are undetermined at this time. The applicant is not proposing any impacts to wetland H. Wetland Replacement The applicant must submit a Wetland Conservation Act (WCA) application illustrating two alternatives that demonstrate proposed plans were sequenced in the following order of decreasing preference: 1) Avoidance of wetland impact, 2) Minimization of wetland impacts, 3) Rectification of wetland impacts and 4) Mitigation of wetland impacts. The applicant should not impact basins A, G and F until it is demonstrated that these impacts have met the above sequencing requirements. Wetland replacement must occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The plans should show fixed photo monitoring points for the replacement wetlands. A five-year wetland replacement monitoring plan should be submitted yearly beginning one growing season after the wetland is created. The applicant should provide proof of recording a Declaration of Restrictions and Covenants for Replacement Wetland. The applicant shall secure City approval of a wetland replacement plan prior to any wetland impacts occurring. Total wetland filling activities for the proposed project includes 51,418 square feet (1.18 acres) of wetland fill. Total proposed New Wetland Credit (NWC) of 16,019 square feet (0.37 acres) is proposed. Total proposed Public Value Credit (PVC) is 17,800 square feet (0.41 acres). Current proposed plans have not satisfied the minimum replacement requirements of replacing impacted wetlands at a 2:1 ratio. All impacts, including the filling of wetlands and conversion of wetlands into stormwater pond, must be mitigated with the proposed project. Applicant must demonstrate and document how replacement will be satisfied to ensure the 2:1 replacement ratio for all impacted wetlands. Currently, the proposed replacement plan is deficient 69,017 square feet (1.58 acres) of wetland mitigation. A wetland buffer minimum of 20 feet must be maintained around wetlands A, B, C, E, F, and H must be maintained around the wetlands. A minimum wetland buffer of 16.5 feet must be maintained around wetland D and any mitigation areas. Buffers to be considered for PVC must be a minimum of 16.5 feet. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge Lake Harrison Planning Case No. 05-14 April 19, 2005 Page 6 signs, under the direction of City staff before construction begins and must pay the City $20 per sign. Building setbacks of 40 feet from the wetland buffer strips must be maintained for all proposed building pads. Lot 3, Block 3 and Lot 11, Block 3 should be revised to meet building setback requirements. Lots 11-15, Block 3 and Lot 10, Block 2 should be revised to incorporate all of wetland B into Outlot C. LAKES The proposed project is within 1,000 feet of Lake Harrison and therefore within the lake's Shoreland Management District. Lake Harrison is classified as a natural environment lake by both the DNR and Chanhassen City Code. The OHW of Lake Harrison has not yet been established by the DNR. DNR has been notified about the proposed subdivision and a request for an OHW determination has been submitted. DNR anticipates an OHW determination will be made in 1-2 months. The OHW determination should be completed prior to final plat approval. All plans should illustrate Lake Harrison's OHW and a 150 -foot structure setback from the OHW. The minimum lot size for non -riparian lots within the shoreland management zone is 90 feet wide with 15,000 square feet. The minimum lot size for riparian lots within the shoreland management zone is 125 feet wide with 40,000 square feet. I tom/ iM&i One area on the property has been identified as a bluff (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe). This area must be preserved. In addition, all structures must maintain a 30 -foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of the bluff). The applicant has located two lots on the western bluff and is requesting variances to build homes on Lots 11 and 12. Staff strongly recommends denial of the variances. Construction activities, location of structures and future use of the area by the property owners will have lasting, detrimental effects on the bluff and the wetland, Lake Harrison below. It is in the best interest of the public good that the bluff be preserved as required by ordinance to protect the environmental and water quality of the site. PARKS AND RECREATION Comprehensive Park Plan The proposed Lake Harrison development is located within an area that is outside the municipal park service boundaries of Pheasant Hill Park, Herman Field Park and Sugarbush Park. The Parks and Recreation Commission will be reviewing the proposed development on April 26, 2005 to make a recommendation regarding including a public park in the development. Lake Harrison Planning Case No. 05-14 April 19, 2005 Page 7 However, due to the alignment of the road which cuts in to the upland portion of Outlot A, and the inclusion of a water treatment plant, the area for a public park is minimized. If the land is not dedicated for park purposes, then the development shall pay full park fees in force at the time of final plat approval. Parks fees for 2005 are $4,000.00 for each new single- family lot. Comprehensive Trail Plan The site does not contain any portion of the City's trail plan. A sidewalk or trail connection to the trails in Galpin Boulevard and Lake Lucy Road is proposed as part of the development. GRADING. DRAINAGE AND EROSION CONTROL The existing site is about 62 acres in size and contains eight existing wetlands. The site also contains groves of significant trees, along with an existing homesite which will remain. Site elevations range from a high of 1084 in the southwest to a low of 970 in the southeast. The applicant is proposing to grade about 50% of the site for 39 new housepads, three public streets, a private street, and three stormwater ponds. With the vast amount of vertical site relief previously mentioned, the property is a challenging one to grade. There are a few areas of concern with the grading that staff would like to mention. The proposed grading for Lots 4-6, Block 3 needs to be revised to prevent the garage elevation of Lot 4 from being lower than the street. Additionally, the garage elevations of Lots 5 and 6 need to be at least 1.5 feet higher than the emergency overflow for the street. Next, there are a few locations where the proposed street grades are slightly higher (approximately 8%) than the maximum street grade allowed of 7%. Staff believes that with a few minor street elevation changes (±1), the street grades can be easily revised to meet the 7% requirement. These revisions will not severely impact the wooded areas on the site. As such, staff is not in favor of the street grade variance. Finally, the grading for Lots 11 and 12, Block 1 needs to be revised. The proposal includes a private street to access Lots 11 and 12 with retaining walls along each side. The private street is being "cut -in" through an existing bluff area and the retaining walls are proposed to "hold back" the earth on each side of the street. This provides a tunnel -like access to Lot 12. Usually, when private streets are proposed, the grading is minimized versus the grading required for a public street. Staff does not believe this is the case with the current proposal. In conclusion, because there is no public street option shown, there is proposed grading in the bluff, and proposed retaining wall structures within the bluff structure setback, staff is recommending that Lot 12 be deleted and the southwest property corner be preserved. The existing site drains to three main wetlands within the southwest, central, and northeast portions of the site. The proposed grading plan has been designed to match the existing drainage patterns fairly well. The western half of the developed site drains to a proposed pond in the northwest corner of the site. The remainder of the eastern portion of the site will drain to a pond in the northeast corner of the site. Each of the ponds will treat the water before discharging it to a adjacent wetlands. All of the ponds are required to be designed to National Urban Runoff Program (NURP) standards with maximum 3:1 slopes and a 10:1 bench at the NWL. Lake Harrison Planning Case No. 05-14 April 19, 2005 Page 16 4. The lot frontage for Lot 14, Block 3, must meet the 125 minimum lot width if it is a lake shore lot. 5. Lot 12, Block 3, contains a swimming pool and shall not be platted as a separate lot n until the pool is removed or the platting of the lot is concurrent with an application for a building permit for a principal dwelling on the lot. 6. Prior to final plat approval, the developer shall verify that acceptable building pads can be accommodated on all lots that have lake setbacks. 7. If Lot 1, Block 4, is not dedicated for park purposes, then the development shall pay full park fees in force at the time of final plat approval. 8. 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. The developer must submit a list of proposed street names for review and approval prior to final plat of the property. d. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. e. Separate sewer and water services must be provided each lot. f. Existing wells and on-site sewage treatment systems on the site but be abandoned in accordance with State Law and City Code and the existing home must be connected to city sewer service when available. g. The swimming pool adjacent to the existing residence must be protected by a fence in accordance with City Code. h. The developer must coordinate the address change of the existing home with the construction of the development and provide access for emergency vehicles at all times. 9. A wetland delineation report illustrating wetland type, boundary and vegetation shall be submitted prior to final plat approval. 10. The applicant shall submit a Wetland Conservation Act (WCA) application illustrating two alternatives that demonstrate proposed plans were sequenced in the following order of decreasing preference: 1) Avoidance of wetland impact, 2) Minimization of wetland impacts, 3) Rectification of wetland impacts and 4) Mitigation of wetland impacts. The applicant shall not impact basins A, G and F until it is demonstrated that these impacts have met the above sequencing requirements. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The plans shall show fixed photo monitoring points for the replacement wetlands. A five-year wetland replacement monitoring plan shall be submitted yearly beginning one growing season after the wetland is created. The applicant shall provide proof of recording a Declaration of Restrictions and Covenants for Replacement Wetland. The applicant shall secure City approval of a wetland replacement plan prior to any wetland impacts occurring. Lake Harrison Planning Case No. 05-14 April 19, 2005 Page 17 11. All impacts, including the filling of wetlands and conversion of wetlands into storm water pond, shall be mitigated with the proposed project. The applicant shall demonstrate and document how replacement will be satisfied to ensure the 2:1 replacement ratio for all impacted wetlands. 12. A wetland buffer with a minimum width of 20 feet shall be maintained around Wetlands A, B, C, E, F, G and H. A wetland buffer with a minimum width of 16.5 feet shall be maintained around Wetland D and any wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff before construction begins and shall pay the City $20 per sign. 13. Building setbacks of 40 feet from the wetland buffer strips shall be maintained for all proposed building pads. Lot 3, Block 3 and Lot 11, Block 3 shall be revised to meet building setback requirements. 14. Lots 11-15 Block 3 and Lot 10 Block 2 shall be revised to incorporate all of wetland B into Outlot C. 15. The OHW determination shall be completed prior to final plat approval. All plans shall illustrate Lake Harrison's OHW and a 150 foot structure setback from the OHW. 16. All non -riparian lots within the shoreland management zone shall be no less than 90 feet wide with 15,000 square feet of lot area. All riparian lots within the shoreland management zone shall be no less than 125 feet wide with 40,000 square feet of lot area. 17. The bluff area on the property shall be preserved. All structures must maintain a 30 foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of the bluff). 18_ The proposed development shall maintain existing runoff rates. Storm water calculations shall be submitted to ensure the proposed storm water ponding is sized adequately for the proposed development. 19. Drainage and utility easements shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. 20. MN DOT category 3 erosion blanket and seed shall be applied to exposed creek slopes near/around road crossing within 24 hours of temporary/final grade. Riprap, appropriately sized, shall be installed at flared end outlets for energy dissipation with underlying gravel base or geotextile fabric. All emergency over flow structures shall be stabilized with riprap and geotextile or permanent turf re -enforcement blankets. Erosion and sediment controls shall be installed for the planned sanitary sewer crossing for Wetland A area. Silt fence, mulch and wetland seed shall be used for restoration. All 3:1 slopes shall be covered with The Pemtom Land Company 7597ANAGRAM DRIVE EDEN PRAIRIE, MINNESOTA 55344 (952) 937-0716 • FAX (952) 937-8635 TO: Honorable Mayor, Members of the Chanhassen City Council, Chairperson, Members of the Planning Commission and Professional Staff SUBJECT: Lake Harrison DATE: March 17, 2005 We are pleased to present to you a proposal for a new neighborhood of single family detached custom homes on the Jerome and Linda Carlson property. BACKGROUND: The Carlson Property is located at 6950 Galpin Boulevard. The owners of the property are long time Chanhassen residents. Mr. Carlson was one of the co-founders of Instant Web, Victory Envelope, and United Mailing. He has been very active in the Chanhassen community for many years including service as President and Board Member of the Chanhassen Chamber of Commerce. The property has many outstanding natural features. Through the years, the Carlson's have developed trails and have created a sanctuary feeling on this unique property. Its dominant feature is the large wetland area that meanders from Galpin Boulevard to Lake Lucy Road. A vintage 1918 windmill occupies the old farmstead site and can be seen from Galpin Boulevard. The Carlsons constructed a beautiful soft contemporary home and swimming Doul that occupies a rise overlooking Lake Harrison. This home, pool, and windmill will remain as prominent features of the property. SITE DATA: 1. Total site - 62.0 Acres 2. 39 Homesites Planned 3. Gross Density - .63 Homes Per Acre 4. Wetland Component — 20.9 Acres (Preliminary — to be verified in Spring) SITE VISITATION: Prior to the thorough site analysis conducted on this site to include a boundary survey, tree survey, topographical analysis, and studies co i&,cted by wetland scientists, numerous members ofth-,--.x Chanhassen City Staff were invited to tour the property to insure all elements necessary to prepare this premiere property were factored into the planning process. CITY ANALYSIS: The City identified a need on this site for a neighborhood park as well as a strong need for a water treatment facility. The City will present to the residents the needs analysis and function of these two components at independent meetings. Plans for 10 single-family lots in the vicinity of these two uses have been removed from the original concept plans on the east end of the property abutting Galpin Boulevard. Lake Harrison March 17, 2005 Page 2 NEIGHBORHOOD ANALYSIS: As in keeping with the long history of our company, a neighborhood meeting was conducted on March 10, 2005 at the Chanhassen Recreational Center. The concerns of the neighbors focused on protecting the natural resources of this site, trees, traffic, size and location of the park and water facility, and architectural diversity. TREES: Pemtom has a long history of employing landscape architects early in the site analysis process to plan roads, utilities, and homesites. Tree preservation will be of ultimate concern. Where possible, retaining walls will be used to control slopes and save additional trees. A generous landscape plan will be implemented in the design process. TRAFFIC: To limit traffic in the Highover neighborhood, a ten lot cul-de-sac will be added to the planned thru road off Highover and only two lots are planned off a private street which will greatly limit traffic in Highover. Both Lake Lucy Road and Galpin Boulevard are collector roads serving this site and at the suggestion of the neighborhood and the Chanhassen City Staff, Lake Harrison Road will be extended through the entire neighborhood to mitigate traffic going predominantly in one direction. PARK AND WATER TREATMENT FACILITY: All items of neivhhnrhood concern with this item were deferred to the Chanhassen City Staff. ARCHITECTURAL CONTROLS AND FEATURES: A Declaration of Covenants will be contained in the final documents that will control house sizes and incorporate custom designs on the elevations of every home. Innovative streetlights, landscaping plans, and uniform mailboxes will be mandatory. ARCHITECTURAL DIVERSITY: In addition to the architectural control documents employed by the developer, we agree to study the documents of Highover to insure strong home and architectural diversity on the site. PARKS AND OPEN SPACE: Cn an effort to preserve the "sanctuary" like character of the property, approximately 30 acres of the project will be dedicated to the public in the form of outlots for parks and open space, as well as right-of-way for roads and sidewalks. In addition, we hope to carry this feeling over to the residents by way of conservation covenants covering everything from wetlands to natural grass buffers. Over fifty per cent of this new neighborhood will remain as open space. WETLANDS: There is an extensive amount of wetlands on the site and wetland impacts on site are inevitable. The plan was designed to be sympathetic to the wetlands and minimize impacts as much as possible. We are requesting waivers for reduced wetland buffers and setbacks in some portions of the site. It is possible to mitigate for all the wetland removal on site, but it is very destructive to the existing trees and we would like to explore the option of off site mitigation for this site. Lake Harrison March 17, 2005 Page 3 DEVELOPER: The Pemtom Land Company has been active in building and developing in the Metropolitan area since 1963. Our goal is to work with the natural features of sites to create quality home sites with appealing streetscapes using the topography and natural beauty of the land. Dan Herbst, President of The Pemtom Land Company, has been actively involved in the Chanhassen community for many years. He helped found the Chanhassen Jaycees and served as Officer and Director of the Chanhassen Chamber of Commerce as well as member and Chairman of the Chanhassen Planning Commission and member of the Chanhassen Lions and American Legion. He served as President and Board Member of the Carver County Coordinated Services as a nonprofit fundraiser for Carver Area Rural Transportation (CART) and has been a resident of Chanhassen since 1970. Neighborhoods we have created in the vicinity include, Crimson Bay in Chanhassen, Trillium Bay and Eagle Bluff in Minnetrista, Swiss Mountain in Victoria, Wynnfield on Dell Road and Settlers Ridge and Settlers West in Eden Prairie and Chanhassen. Other neighborhoods in Eden Prairie include Entrevaux , Kingston Ridge, St. Johns Woods and Normandy Crest. In Minnetonka our neighborhoods include Chimo, McCarthy's Woods, Brynmar Place, and Greenwoods on the Lake. WESTWOOD PROFESSIONAL SERVICES: The Planners, Landscape Architects, Engineers, and Wetland Scientists at Westwood Professional Cervices have Provide—A 'and. wiSuub1'+..1s.. Scv1GcS 1cV_l_ over 32 years. `vr'estwood's approach to the environment is to provide quality places to live, work, and play while protecting our natural resources to the greatest extent possible. Their team of wetland scientists includes over 35 years of experience in wetland delineations, and mitigation designs. We are excited to move forward after our informational meeting and data gathering to proceed with a unique and successful neighborhood that will be of lasting value to the City of Chanhassen and its residents We respectfully request your comments and feedback. Sincerely_ THE PE_�I OM LAND COMPANY Daniel J- Herbst Daniel D. Cook President The Pemtom Land Company 7597 ANAGRAM DRIVE EDEN PRAIRIE, MINNESOTA 55344 (952) 937-0716 • FAX (952) 937-8635 TO: Honorable Mayor, Members of the Chanhassen City Council, Chairperson, Members of the Planning Commission and Professional Staff SUBJECT: Lake Harrison DATE: February 25, 2005 We are pleased to present to you a proposal for a new neighborhood of single family detached custom homes on the Jerome and Linda Carlson property. BACKGROUND: The Carlson Property is located south of Highway 5 approximately one mile North on Galpin Boulevard to 6950 Galpin Boulevard. The Western property line runs along the Eastern portion of the Highover neighborhood and essentially follows the power line easement to Lake Lucy Road. The Northern property line extends from the Highover neighborhood east to the existing homes along Lake Lucy road and borders homes on the south side of Manchester Drive and Briarwood Court. The owners of the property are long time Chanhassen residents. Mr. Carlson was one of the co- founders of the Instant Web printing company and his other companies included Victory Envelope and United Mailing. He has been very active in the Chanhassen community for many years including service as President and Board Member of the Chanhassen Chamber of Commerce. The property has many unique natural features. Through the years, the Carlson's have developed trails and have created a sanctuary feeling on this unique property. Its dominant feature is the large wetland area that essentially runs from Galpin Boulevard to Lake Lucy road. The vintage 1918 windmill can be seen from Galpin Boulevard. SITE DATA: 1. Total site consists of 62.0 acres 2. Gross density is .76 homes per acre. 3. 47 luxury single family home sites including the preservation of a spectacular soft contemporary home with a swimming pool. 4. Total wetland area is 20.9 acres 5. BI-.:-'; area is 2.3 acres. SITE VISITATION: We are thankful that a number of the City Staff members have visited the site, to include Kate Aanenson Community Development Director, Bob Generous Senior Planner, Lori Haak Water Resources Coordinator, Paul Oehme Public Works Director and City Engineer, Matt Saam Assistant City Engineer, Todd Hoffman Park and Recreation Director, Mak Sweidan, Engineer, and Jill Sinclair Environmental Resources Coordinator. The input from the staff has helped immensely in evaluating this submission. I strongly recommend that other staff members, members of the City Council, and Planning Commission members visit the site. I would be happy to accompany any member on a site tour. Lake Harrison February 25, 2005 Page 2 INFORMATIONAL NEIGHBORHOOD MEETING: We have an informational meeting scheduled for March 10, 2005. The purpose of the meeting will be to inform the neighborhoods in the vicinity of our planned development, address concerns and receive input from the neighbors. It is also our objective to preserve the unique nature of the property and bring value to the existing neighbors. ARCHITECTURAL CONTROLS AND FEATURES: A Declaration of Covenants will be contained in the final documents that will control house sizes and incorporate custom designs on the elevations of every home. Innovative traditional streetlights, landscaping plans, and uniform mailboxes will be mandatory. PARKS AND OPEN SPACE: In an effort to preserve the "sanctuary" like character of the property, approximately 30 acres of the project will be dedicated to the public in the form of outlots for parks and open space, as well as right-of-way for roads and sidewalks. In addition, we hope to carry this feeling over to the residents by way of conservation covenants covering everything from wetlands to natural grass buffers. We hope to do something very special for the lots located along the bluffs. When all is said and done, over half of the project will be turned over to the preservation effort. ADDTTIONAL COMPONENT: The city has expressed a need for a water treatment facility in a location that would work with and service the existing wells and infrastructure that the city has in place. Pemtom has made a commitment to work with the City of Chanhassen to help solve this vital issue. Unfortunately, the best location for this facility is at the striking natural main entrance to this premiere development. The City Staff and Pemtom have worked out a possible solution for this issue. Pemtom has acquired a lot on Lake Lucy Road near Well House number 7. This would now become the prominent entrance to our development. Pemtom would lose the entrance off Galpin and provide the City 7.4 acres of land for a combined park and water treatment facility at the Galpin entrance. The City will provide Pemtom with building architecture for the treatment facility and screening that least impedes the adjacent neighbors. Pemtom provides a tangible benefit to the City of Chanhassen and the residents with the location of this water treatment facility. The facility will provide noticeable improvements in the aesthetics of the water quality to include the removal of iron, magnesium and odor from the existing city weter. Also, because of the location of this site, it will save the City of Chanhassen money for transmission lines and the city will be able to use existing infrastructure. WETLANDS: There is an extensive amount of wetlands on the site and wetland impacts on site are inevitable. The plan was designed to be sympathetic to the wetlands and minimize impacts as much as possible. We are requesting waivers for reduced wetland buffers and setbacks in some portions of the site. It is possible to mitigate for all the wetland removal on site, but it is very destructive to the existing trees and we would like to explore the option of off site mitigation for this site. Lake Harrison February 25, 2005 Page 3 TREES: There are numerous trees on the site and as a land developer, we recognize the value the trees provide. Every effort will be made to maximize tree preservation throughout the site to maintain its character and environmental function. DEVELOPER: The Pemtom Land Company has been active in building and developing in the Metropolitan area since 1963. Our goal is to work with the natural features of sites to create quality home sites with appealing streetscapes using the topography and natural beauty of the land. Our objective is to draw people to our developments and hopefully they will welcome homeowners and residents of the city. Dan Herbst, President of The Pemtom Land Company, has been actively involved in the Chanhassen community for many years. He helped found the Chanhassen Jaycees and served as Officer and Director of the Chanhassen Chamber of Commerce as well as member and Chairman of the Chanhassen Planning Commission and member of the Chanhassen Lions and American Legion. He served as President and Board Member of the Carver County Coordinated Services as a nonprofit fundraiser for Carver Area Rural Transportation (CART) and has been a resident of Chanhassen since 1970. Neighborhoods we have created in the vicinity include, Crimson Bay in Chanhassen, Trillium Bay and Eagle Bluff in Minnetrista, Swiss Mountain in Victoria, Wynnfield on Dell Road and Settlers Ridge and Settlers West in Eden Prairie and Chanhassen. Other neighborhoods in Eden Prairie include Entrevaux , Kingston Ridge, St. Johns Woods and Normandy Crest. On Lake Minnetonka our neighborhoods include Chimo, McCarthy's Woods, Brynmar Place, and Greenwoods on the Lake. WESTWOOD PROFESSIONAL SERVICES: The Planners, Landscape Architects, Engineers, and Wetland Scientists at Westwood Professional Services have provided land development consulting services for over 32 years. Westwood's approach to the environment is to provide quality places to live, work, and play while protecting our natural resources to the greatest extent possible. Their team of wetland scientists includes over 35 years of experience in wetland delineations, and mitigation designs. We are excited to move forward after our informational meeting and data gathering to proceed with a unique and successful neighborhood that will.be of lasting value to the City of Chanhassen and its residents. We respectfully request your comments and feedback. Sincerely, THE PEMTOM LAND COMPANY Daniel J. Herbst Daniel D. Cook President CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NflNNFSOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Planning Case No. 05-14 Application of The Pemtom Land Company for Subdivision with Variances, Rezoning and Wetland Alteration Permit — Lake Harrison. On April 19, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of The Pemtom Land Company for preliminary plat approval with variances for street grades, private street and front yard and bluff setbacks, a rezoning of the property to Single - Family Residential District, RSF, and a wetland alteration permit. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT I. The property is currently zoned Rural Residential District, RR. 2- The property is guided in the Land Use Plan for Residential — Low Density use. 3. The legal description of the property is: (see attached Exhibit A) 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 consistent with the official City Comprehensive Plan. b. The proposed use is compatible with the present and future land uses of the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. e. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f. Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the Zoning Ordinance; , 0, " 1`Y SCANNED l J � J u F Ilu�' C 0 m .7 v C -a �<Z oaaa �{ O -z Q 11111111 a J F SS6 � W _ �_ A rn O T CD N aFFM.a WOK= N o F n m d 2 m t 'l. z l J � J u Ilu�' O C n] -z Q X 70 a �_ A rn O T CD N z City Council Meeting — May 9, 2005 conservation easements on or 62% of the site will be actually either dedicated to the city or have easements on it... It's a magnificent plan on a great site and our goal is to create one of the finest neighborhoods here in Chanhassen, and I think the letters that you're going to be addressing tonight and public comments make it sound like we're pushing the envelope and trying to do this for economic reasons, and as you can see as I walked you through, all the lot plans we have here, we have diminished our density here substantially. All the variances we're requesting tonight in effect actually enhance the site. Trees, drainage, etc. When it's all done, I think you're going to have a great neighborhood here. Any questions? Mayor Furlong: Thank you, questions for the applicant. Perhaps just for my help and for people in the audience here and those watching, and whether Mr. Herbst this is a question for you or Ms. Aanenson, since the Planning Commission met, approved it with various conditions, what sort of changes have we seen? One of them for example, with regard to the length of the private driveway. The private street has been moved back to 11. I think on the pictures that's no longer a round turn around. Kate Aanenson: Correct. Mayor Furlong: Maybe you can just quickly walk through some of those changes so if people were at the Planning Commission, or watched there, they can see some of the evolution that's taken place. Kate Aanenson: This is the old one. Originally this was a cul-de-sac located up in here. This is a 30 foot right-of-way as per city code, and the rest of it is a driveway. So that's a big, the biggest change. There was a cul-de-sac up in this area that impacted so it's outside of the bluff. It is, this portion is in the bluff impact zone, but again that's a driveway to the one lot. Mayor Furlong: And is that, in terms of turning around, in case delivery trucks or other vehicles come down, how does that take place? Kate Aanenson: That would be taken care of right here. Right, otherwise anybody else going to this home would turn around in that person's driveway but that would be the common portion at that point. Mayor Furlong: So where's the driveway? Where would be the proposed driveway for Lot 11? Kate Aanenson: The driveway? Mayor Furlong: Yeah. Kate Aanenson: It could come off this one or that one. Depending on the home placement. I just wanted to show the difference between that and the original just to be clear. If you could maybe zoom in on that one. This one had a cul-de-sac quite a ways up so that we believe mitigated those impacts. The need for a retaining wall, and that is shown on, I know it's on here. Did I skip it? Where is the cross section with the retaining wall? Did I miss it? This one, I'm sorry. So I scaled it. About 160 feet, 150 feet between the houses on Highover and the closest 14 City Council Meeting — May 9, 2005 lot. Approximately. This is between the houses. So this is the area we're talking in here would be where that private drive, would be the retaining wall. That slight portion where we're in this area. So that's the change. Councilman Labatt: Kate, coming down off of Highover, in that 30 foot, not there. As I'm looking at the TV, that way. To the left. Other side. Kate Aanenson: Oh, that left. Councilman Labatt: There. That stretch there. Now that's a public road? Kate Aanenson: This is, this is what the request for the variance is a private drive, which is required to be 30 feet, which this is. This portion of the plat, and the rest of it is a driveway. So this is the portion that's serving more than one lot, and that was the variance request, and again the staff's position on that was, the staff believes this is a buildable lot. 'Originally the developer wanted to get variances on it. We believe it can be met without variances, and if the variances want to come in, we want to see a specific home plan at a future date. Not something speculative. That may not meet somebody's needs, so the staff recommended against that, as did the Planning Commission but they did support a variance for the street. ...a driveway, additional driveway to come off so it's just the two homes. And again, to go back to your question on the Paulsen, we believe this meets the code. Councilman Lundquist: Dan, you've already got the drawings for that house on Lot 12 because you're building it right? Kate Aanenson: So that was the one biggest change. And the other one, if I can just go through those slides again, the other biggest change which was hard to understand at the Planning Commission level was the impact of those 7% grades. There's 2 or 3 areas that exceeded the 7% and our recommendation is to only give those, if there's a reason for the impact to the trees. And while we had a very technical explanation, I think it was. Mayor Furlong: Second derivative is positive. Kate Aanenson: I think a picture's worth a thousand words, so they actually try to do it in a picture format, and as I showed on that Lot 7, which is the Ifighover connection. The impact would be actually 70, 54 feet of additional tree loss because you actually have to make, blend that dirt down in to make that work. To get to the 7%. Mayor Furlong: So you're saying by allowing to have an 8% grade versus 7% grade. Kate Aanenson: In that section, correct. Mayor Furlong: In that particular section, it's 54 feet of reduced grading and that's what they would use as part of the condition. 15 Finance October 9, 2009 Phase: 952.227.1140 Fax:952.227,1110 Mr. Joel D. Henley CITY OF Certified Public Accountant CHANHASSEN Carlson Advisors, LLC Phone: 952.227.1120 7101 Northland Circle, Suite 123 Fax: 952.227.1110 Minneapolis, MN 55428 7700 Market Boulevard facility. PO Boz 147 Chanhassen, MN 55317 RE: E. Jerome and Linda Carlson Phase' 9527721400 Far. 952.227.1404 Contribution of Land to the City of Chanhassen July 1, 2005 Administration was put in escrow pending some formalities required by the City. The City Phone:952.227.1100 Dear Mr. Henley, Fax: 952.227.1110 and D in the Lake Harrison Subdivision by the Carlson's on July 12, 2005. Fax 952.227.1110 As a Community Development Director for the City of Chanhassen, I was actively Phone: 2.227.ti180 PFax::52.227.11900 involved in the city planning proceedings with Dan Herbst, owner of The Pemtom Fax: 952.227.1190 Land Development Com and other city officials regarding the development of P Pant. $' � g P 1591 Park Road Phone: 952.227.1300 1300 the Lake Harrison Subdivision. Engineering kaanensonta7,ci.chanhassen.mn.us. Phone: 952.227.1160 The following statements reflect my knowledge in the development of the Lake Fax: 952.227.1170 Harrison Subdivision: Finance 1. Initial discussions with the City involved a development with 52 or 53 lots in Phase: 952.227.1140 Fax:952.227,1110 the Lake Harrison Subdivision. The Pemtom Land Development Company had several concept plans they discussed with City officials. I was aware of Park & Recreation these plans, had viewed the site, and discussed the concept plan with the Phone: 952.227.1120 developer. A development of 49 - 52 lots in the Lake Harrison Subdivision Fax: 952.227.1110 was reasonably probable had the City not needed land for a water treatment facility. Recreation Center 2310 Coulter Boulevard 2. On July 12, 2005, arrangements were in place to accommodate the donation Phase' 9527721400 Far. 952.227.1404 from the Carlsons. The Carlsons had agreed to contribute and the City had agreed to accept the land contribution. It is my understanding that the land Phoning 8 was put in escrow pending some formalities required by the City. The City Natrnel Resourm fully intended on accepting the donation of land described as Outiots A, C, Phone: 952.227.1130 and D in the Lake Harrison Subdivision by the Carlson's on July 12, 2005. Fax 952.227.1110 The City fully intended on accepting this land as a donation and the chances the City would not have accepted this land was remote. Public Works 1591 Park Road Phone: 952.227.1300 1300 Please contact me if there is anything else I can provide to you at (952) 227-1139 or Far: X2 kaanensonta7,ci.chanhassen.mn.us. senlarCenler Sincerel , A*�w^ Phase: 952.227.1125 Fax: 952.227.1110 ,ll(t Web Site Kate Aanenson, AICP wwwoi.chanhassen.mn.us Community Development Director Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow s Lake Harrison Planning Case #05-14 October 7, 2009 Lot configuration: Originally, lots were proposed being platted to the south property line, which included portions of Lake Harrison. These lots include lots 10, 11, 12, 13 and 14, Block 3, of the preliminary plat, plans prepared by Westwood Professional Services, dated march 18, 2009. "Riparian lot means any lot abutting the Ordinary High Water mark of a lake, pond or wetland." Riparian lots on natural environmental lakes are required to have 40,000 square feet of lot area and 125 feet of lot width. Non -riparian lots are required to have 15,000 square feet of lot area and 90 feet of width. The City had received a variance from the DNR standards as part of the adoption of the Shoreland Management District to have these lot areas rather than the 20,000 square foot guideline under the DNR standard for lots within 1,000 feet of a lake. The following was included in a letter to Dan Herbst from Robert Generous dated April 11, 2005: ➢ Lake Harrison is classified as a natural environmental lake. Required lot areas are 40,000 square feet with minimum lot widths of 125 feet. Only the upland area for lots 10 through 14, Block 3, can be included in the lot area. At a minimum, one lot would be eliminated. However, platting of the lake and some upland buffer adjacent to the lake in an Outlot would eliminate the riparian lot requirements. It appears that approximately 10 lots were lost due to the location of the water treatment site and neighborhood park. Adding this to the 39 residential lots approved, 49 lots appear feasible. Additional lots beyond that number would be dependent on their configuration, due primarily to the bluffs and wetlands located on the property. Approvals: May 9, 2005, City Council approves: The Rezoning of the property from RR, Rural Residential, to RSF, Single Family Residential District based on the findings of fact attached to the staff report." Preliminary plat (Subdivision) to create 40 single-family lots, four outlots and public right- of-way with of a variance for a private street and street grade, prepared by Westwood Professional Services, Inc. dated 03/18/05. (The 40 lots include one lot for the water treatment plant.) The front yard variance for Block 2 and denied the bluff setback variances. The wetland alteration permit to fill and alter wetlands on site On July 12, 2005, the Chanhassen City Council approved the Final Plat for Lake Harrison creating 39 lots, 6 outlots and associated right-of-way for public streets (plans prepared by Westwood Professional Services, Inc., dated June 20, 2005) with a variance for a private street and street grade. Oehtne, Paul From: Gerhardt, Todd Sent: Thursday, June 30, 2005 11:18 AM To: Oehme, Paul; Aanenson, Kate Subject: FW: Lake Harrison Developers Agreement. -----Original Message ----- From: Dan Herbst [mailto:danherbst@pemtom.com] Sent: Thursday, June 30, 2005 9:33 AM To: Gerhardt, Todd Cc: Larry _4J�rtheim - KG; Marge Miller; Kevin McShane; Dan Cook S �S}�bject- Wyk F xrison Developers Agreement. 1 tt,_le c phot clue tomorrow without a draft of the developers agreement with the City of Chssen. The bank, our attorney and Lennar need to review the agreement today for an h�\�� y morning closing. Could you e-mail or fax that draft this morning so i can circulate. L q e need inciuded in that agreement the right to put a private driveway of Block 1 We also need in e a e anguage payment of $740,000 for the wa er re ment site. Lot 1, Block 4. We also need in the agreement the payment of $560,000 for the park land, Outlot B. We also need verification of the SWAMP and other fees due at the time we change checks for the treatment site and the park land. Also, the agreement needs some language that the City will sign the IRS form and accept the park and other land being donated by E. Jerome and Linda Carlson for Outlots A, C and D comprising approximately 20 acres. Thanks Todd. Call if you have any questions. I also want to review the document before my 12 noon tee time. Critical. dan 1 Phomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Foehler Matthew K. Brokl' John F. Kelly Soren M. Mattick Henry A. Schaeffer, III Alina Schwartz Marguerite M. McCarron Gina M. Brandt • Also licensed is Wisconsin 1380 Corporate Center Curve Suite 317 • Eagan, MN 55121 651-452-5000 Fax 651-452-5550 w .ck-law.com CAMPBELL KNUTSON Professional Association xxx Author's Direct Disk (657)134-6114 E-mailAddress: apoehley@ck-lawrom September 26, 2005 HAND DELIVERED Ms. Dianne Hensley United Title, Inc. 17316 Kenyon Avenue, Suite 103 Lakeville, Minnesota 55044 RE: LA%EHARRISON, Chanhassen, MN (Developer: Lake Harrison Development, LLC) and Commitment Number: UT05-2032 Buyer: City of Chanhassen Seller: Lake Harrison Development, LLC Dear Dianne: As you know, this office is legal counsel for the City of Chanhassen. For convenience, United Title, Inc. is referred to in this letter as `you." This letter ("Escrow Instructions") constitutes Escrow Instructions for the closing, scheduled for September 27, 2005, between Buyer and Seller/Developer identified above. The Buyer has deposited with you, a wire transfer in the amount of $1,305,617.50 ("purchase price"). This amount, together with the documents referred to herein shall be deposited and disbursed strictly in accordance with the Escrow Instructions. Attached to this letter is an acknowledgement by you of the receipt of this letter and your agreement to hold and disburse the closing documents and funds in accordance with the Escrow Instructions. Prior to undertaking any actions related to the Escrow Instructions, you must fust sign and return copy of this letter to me via fax (original to follow by mail). 1. Purchase Price and Documents. In addition to the wire transfer noted above, the following is enclosed herein: same; A. Official final plat Mylars for LAKE HARRISoN, together with reductions of B. Development Contract for LAKE HARRISON dated July 11, 2005; C. Seven originals of the Purchase Agreement between Buyer and Seller/Developer; Ms. Dianne Hensley - United Title, Inc. September 26, 2005 Page 2 D. Certified copy of City of Chanhassen Resolution 2005-72; E. I.R.S. Form 8283 for land donated by Jerome and Linda C. Carlson, executed by City of Chanhassen; and F. Final Settlement Statement executed by Buyer. 2. Closing Conditions. The escrowed purchase price and documents are to be disbursed, if and only if, the following conditions have been met: A. Seller has delivered to you its counterpart to the Final Settlement Statement (as attached hereto), duly executed by Seller; B. Seller has delivered to you originals of the following documents: 1) Warranty deed from Sellers to the Buyer for Lot 1, Block 4, and Outlot B, LAKEHAmsom 2) Warranty deed from Sellers to the Buyer for Outlots E and F, LAKEHARwoN; 3) Warranty Deed from E. Jerome Carlson and Linda C. Carlson for Outlots A, C and D, LAKE H4jwsoN 4) FIRPTA Affidavit; 5) Seller's Affidavit; 6) 1099 Form for Reporting to the IRS; 7) Trail easement dated September 21, 2005 by Developer in favor of the City of Chanhassen in the form attached hereto; 8) Grant of Easement for Landscaping and Monumentation by Developer in favor of Lake Harrison Homeowners Association, Inc. in the form attached hereto; 9) Declaration of Driveway Easement by Developer in the form attached hereto; 10) Consent to Allow Encroachment onto Permanent Easements by the Metropolitan Council to allow encroachment as follows: Access and improvements for storm sewer, sanitary sewer, and water crossings, grade changes for street improvements, and residential subdivision site grading, across the Metropolitan easements and sanitary sewer interceptor located within the plat of LAKE HARNsom 11) Consent to Plat from Beacon Bank; Ms. Dianne Hensley - United Title, Inc. September 26, 2005 Page 3 12) A partial release of mortgage from Beacon Bank for all property to be conveyed to the Buyer under warranty deeds provided under (1) — (3) hereunder; C. You have received all documents that you deem necessary are immediately prepared to issue the title policy in accordance with the pro forma policy attached hereto; D. You have received telephonic instructions from the undersigned or member of this firm to proceed with the closing of the transaction; 3. Closing Instructions. When the conditions under Section 2 of these Escrow Instructions have been met, you shall: A. Deliver the disbursed funds in accordance with the Settlement Statement; B. Record with County the Development Contract between the City and Lake Harrison Development, LLC dated July 11, 2005 simultaneously with the plat. C. Record with the plat the deeds identified in 2B(1) — (3) hereunder, together with the partial release identified in 2B(12) hereunder. D. Simultaneous with the plat, record the easements/declarations and encroachment agreement identified in 2B(7)-(10), E. The recording of the plat, deeds, and related documents listed herein must take place before the filing of any new mortgage documents or deeds from the closing, if any. F. Deliver to the undersigned one original of all closing documents (or a copy if an original is not available); G. Deliver to Seller one original of all closing documents submitted by Buyer (or a copy if an original is not available). 4. Closing Date. Unless you are able to close this transaction before the end of business on Tuesday, September 27, 2005, you shall return the Escrowed Documents and Purchase Price (wired funds) to me, unless you receive other instructions from the respective parties. Once all documents have been recorded with the County, please provide this office with the appropriate recording information by Ms. Dianne Hensley - United Title, Inc. September 26, 2005 Page 4 requesting the County Recorder to complete the enclosed blue "Filing of Documents" sheet and forward the same to me in the self-addressed, stamped envelope provided. If you have any questions, please call. Regards, CAMPBELL KNUTSON Prof4dreaA 1 Association BY: nowell Poehler AMP:srn Enclosures cc: Todd Gerhardt, City Manager Bill Bement, Engineering Tech IV Alyson Morris, Asst. City Engineer Bob Generous, Senior Planner Agreed to and accepted this 25th day of September, 2005 UNITED TITLE, INC. M Its: PRE -CONSTRUCTION CONFERENCE Page 1 Ref: 2002-1044.00 2. Introduction and Preparation of list of attendees — names, addresses, telephone numbers Key Personnel a) Westwood Engineers 1) Justin Larson (952) 906-7473 2) Dwight Jelle (952) 906-7411 ✓� b) Westwood Construction Observers 1) Steve Lynch (612) 204-4787 if , c) Westwood Surveyors (p22' 1) (Coor' to Construction Observer) 2) Coryw(952) 9998497 5&W''4, b) Contractor- Terry Bros., Inc. I 1) Project Manager- Mike r, (612) 590-6083 2) c) Owner- Lake Harrison Development, LLC. 1) Project Manager- Dan Herbst, 952-937-0716 2) 3) 3. Duties of: a) Contractor: The Contractor shall supervise and direct the work. He will be solely responsible for the methods, means, techniques, sequences and procedures of construction, and for the safety precautions and programs incidental thereto. A qualified supervisor shall be designated and present on the site at all times as required to direct and coordinate the work. b) Project Engineer: The Project Engineer and/or his designee is the Owner's representative and will visit the site at intervals he deems necessary to observe the work and assure it is proceeding in accordance with the contract documents. The Project Engineer will inform the Owner of the work progress, and endeavor to guard the Owner against defective work. He will not supervise, direct, control or have authority over or be responsible for the contractor's methods, means, techniques, sequences, or procedures of construction, and for safety precautions and programs incidental thereto. c) Owner: The Owner shall provide lands and easements as described in the contract documents to facilitate the work. He shall make payments, and execute change orders based on recommendations of the Project Engineer. Only the Owner has the right to terminate services of the Contractor in accordance with the contract documents. The Owner will issue all communications to the Contractor through the Project Engineer. d) Construction Observer: The Construction Observer is the Project Engineer's representative and will visit the site at intervals the Project Engineer deems necessary to observe the work and assure it is WESTWOOD PROFESSIONAL SERVICES, INC. (952) 937-5150 8/2/2005 PRE -CONSTRUCTION CONFERENCE Page 2 proceeding in accordance with the contract documents. He will prepare work progress reports and payment requests in accordance with the contract documents for submittal to the Project Engineer for review and approval prior to acceptance by the Contractor and Owner. The Construction Observer will endeavor to inform the Project Engineer of defective work. If the Construction Observer discovers defective work for which the contractor will not or does not repair or replace, has the right to order the contractor in writing to discontinue work and to notify the Project Engineer immediately of his action. Only the Project Engineer will inform the Contractor in writing to resume work. 4. Safety a) Review Contractor's documentation for A Workplace Accident Injury Reduction (AWAIR) Act program which requires a written safety and health program. b) Review specific safety responsibilities for each of the different levels of Contractor's on-site supervisory personnel. c) Obtain the name of the Contractor's safety director and business phone. d) Obtain the name of the Contractor's on-site safety coordinator and position. e) Review the Contractor's procedure for handling on-site related complaints or issues. f) Contractor will list when and what personal protective equipment will be required by the Contractor for employee safety and health. g) Contractor to list emergency response information for the specific project. h) Identify Project specific safety measures that will be taken by the Contractor during the different phases of the project construction, including excavation protective systems, fall protection measures, backing equipment protective measures, and work zone traffic control measures. 5. Grading a) Schedule 6. Gas, Electric, Phone, Cable A) Service to existing home Utility and Street Construction — N/A a) Plans to Westwood for staking purposes b) Schedule WESTWOOD PROFESSIONAL SERVICES, INC. (952) 937-5150 8/2/2005 1. Start August 4, 2005 �--• 2. Complete b) Hours of Operation — City Rules 7— 4 q S c) Erosion Control vVN- F 1. Permits — NPDES, Riley Purgatory Bluff Creek, Army Corps 2. Reference key parts of Erosion Control Plan 3. To be monitored and maintained by Contractor 4. Perimeter silt fence prior to any site work d) Tree Removal e) 1. Underway Rock Excavation . n 1. N/A g) Verification 1. Location 2. Tolerances (Per specifications, Sidewalk considerations) h) Grading Limits 1. Two stages (Covered by grading permit) 6. Gas, Electric, Phone, Cable A) Service to existing home Utility and Street Construction — N/A a) Plans to Westwood for staking purposes b) Schedule WESTWOOD PROFESSIONAL SERVICES, INC. (952) 937-5150 8/2/2005 PRE -CONSTRUCTION Page 12,1 1. Start 2. Complete PC/ 8. Staging area a) Identification b) Duration c) Dust control 9. Testing a) Soils Testing Company- Braun Intertech, Martvlrey, (612) 369-3155 b) Contractor to give 24 Hour notice of testing directly c) All tests reports to be filed with the Construction Observer 10. Traffic Control a) As needed 11. Permits Responsibility and Status a) Engineer 1) Use of State Waters a) DNR—N/A b) MPCA — Applied for July 19, 2005 (7 -day grace period) c) Corps of Engineers — Comment Period d) Municipality—Approved July 29, 2005 2) Erosion Control Z (� v� y a) MPCA— Postmarked 07/19/05+ b) Municipality— Included as part of Grading Permit c) Watershed —August 3, 2005 13. Erosion Control a) Permits b) Reference key parts of erosion control plan c) Note any special requirements based on the environmental documents d) To be monitored and maintained by Contractor 14. Surveying a) Coordinate w/ Construction Observer and/or Corey Meyer b) 48 hours notice WESTWOOD PROFESSIONAL SERVICES, INC. (952) 937-5150 8/2/2005 2) Sewer and Water Installation — N/A a) Municipality— N/A b) MDH— N/A c) MPCA — N/A 12. Cooperation with Others a) Other contractors b) Utility companies c) Municipalities d) Law enforcement e) General public 13. Erosion Control a) Permits b) Reference key parts of erosion control plan c) Note any special requirements based on the environmental documents d) To be monitored and maintained by Contractor 14. Surveying a) Coordinate w/ Construction Observer and/or Corey Meyer b) 48 hours notice WESTWOOD PROFESSIONAL SERVICES, INC. (952) 937-5150 8/2/2005 PRE -CONSTRUCTION CONFERENCE Page 4 14. Others a) Possible Plan Changes and Change Orders b) Pay Requests , c� �^" C 15. Wetland Plan �7* I aS_ - ,L j �_W'Z' /'I SIX �4q a) Timing of wetland impacts Y"^ '�� �t b) Seed mixtures — Submit seed tags to Wetland Scientist 3-29 c) Wetland replacement to occur before or concurrent with wetland fill d) Final acceptance by Wetland Scientist (Westwood) e) Slopes 5:1 or flatter w/half 10:1 or flatter 16. Other Contacts a) Paul Oehme, City Engineer (952) 227-1169 b) Aaron Mlynek, Carver County Soil & Water Conservation Dist. (952) 393-1146 C) d) e) WESTWOOD PROFESSIONAL SERVICES, INC. (952) 937-5150 8/2/2005 PRE -CONSTRUCTION CONFERENCE ATTENDANCE RECORD PROJECT NAME: Lake Harrison - Grading & Erosion Control MEETING DATE: 08/02/05 MEETING LOCATION: Chanhassen City Hall Page NAME REPRESENTING PHONE FAX WESTWOOD PROFESSIONAL SERVICES, INC. (952) 937-5150 8/2/2005 PROPOSED LAKE HARRISON SUBDIVISION - PLANNING CASE NO. 05-14 Page 1 of 6 Generous, Bob From: Gerhardt, Todd Sent: Wednesday, May 04, 2005 10:48 AM To: Generous, Bob; Oehme, Paul; Aanenson, Kate Subject: FW: PROPOSED LAKE HARRISON SUBDIVISION - PLANNING CASE NO. 05-14 -----Original Message ----- From: Lundquist, Brian (Grocery Foods) [mailto:Brian.Lundquist@conagrafoods.com] Sent: Wednesday, May 04, 2005 10:50 AM To: Gerhardt, Todd; Aanenson, Kate Subject: FW: PROPOSED LAKE HARRISON SUBDMSION - PLANNING CASE NO. 05-14 FYI - I will need these answered before our meeting on Monday. -----Original Message ----- From: Jim Broughton [mailto:JBroughton@discdyn.com] Sent: Wednesday, May 04, 2005 10:24 AM To: tfurlong@ci.chanhassen.mn.us; bgornhom@ci.chanhassen.mn.us; slabatt@ci.chanhassen.mn.us; blundquist@ci.chanhassen.mn.us; cpeterson@ci.chanhassen.mn.us; council@ci.chanhassen.mn.us Subject: PROPOSED LAKE HARRISON SUBDMSION - PLANNING CASE NO. 05-14 May 4, 2005 Mayor Tom Furlong City Councilwoman Bethany Tjomhom City Councilman Steve Labatt City Councilman Brian Lundquist City Councilman Craig Peterson City of Chanhassen 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 RE: Proposed LAKE HARRISON Subdivision — CASE No. 05-14 Dear Mayor Furlong and Chanhassen City Council Members, We would like to express our concerns about violations of Chanhassen City Ordinances, the negative impact on our properties, and the inconsistencies in the plat approval process created by the proposed 5/4/2005 PROPOSED LAKE HARRISON SUBDIVISION - PLANNING CASE NO. 05-14 Page 2 of 6 Lake Harrison Development - PC Case No. 05-14. Our concerns and objections are as follows: 1. The bluff setback variances for Lot 11, Block 1 and Lot 12, Block 1 were denied by the Planning Commission at the meeting on April 19, 2005. However, the Planning Commission minutes from the April 19, 2005 meeting state "The private street cul-de-sac shall be moved back from Lot 12, Block 1 to Lot 11, Block 1 ". This is not possible since construction of the private street requires grading and damage to the bluff impact zone on Lot 11, Block 1. Private street and private street cul-de-sac construction on Lot 11, Block 1 will be in violation of Chanhassen City Ordinances 20-484 (b) and 20-1401 (a). Sec. 20-484. Placement and design of roads, driveways, and parking areas. (b) Roads, driveways, and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones, 10906WIMMMMe and feasible placement altemah'Sei". If no alternatives exist, they may be placed within these areas, and shall be designed to minimize adverse impacts. Sec. 20-1401. Structure setbacks. (a) Structures, including, but not limited to, principal buildings, decks, and accessory buildings, except stairways and landings, are prohibited on the bluff and must be set back from the top of the bluff, the toe of the bluff, and the side of a bluff at least 30 feet. 2. The use of a private street in this situation will not permit enhanced protection of the city's natural resources including wetlands and protected (bluffs) areas. The Staff Report prepared for the April 19, 2005 Planning Commission meeting stated: "Finally, the grading for Lots 11 and 12, Block I needs to be revised. The proposal includes a private street to access Lots 11 and 12 with retaining walls along each side. The private street is being "cut -in" through an existing bluff area and the retaining walls are proposed to "hold back" the earth on each side of the street. This provides a tunnel -like access to Lot 12. Usually, when private streets are proposed, the grading is minimized versus the grading required for a public street. Staff does not believe this is the case with the current proposal." Considering these facts, the construction of the private street is in violation of Chanhassen City Ordinance 18-57 (r). (3). See. 18-57. Streets. (r) Private streets serving up to four lots may be permitted in the A2, RR, RSF and R4 if the criteria in variance section 18-22 are met and upon consideration of the following: (3) The use of a private street will permit enhanced protection of the city's natural resources, including wetlands and protected areas. 3. The construction of the private street creates a double frontage lot situation for lots 1, 13, and 14, Block 3 in the Highover subdivision. This violates Chanhassen City Ordinance, Section 18-60 (g). Sec. 18-60. Lots. (g) Double frontage lots with frontage on two parallel streets or reverse frontage shall not be permitted except where lots back on an arterial or collector street. Such lots shall have an additional depth of at least ten feet to accommodate vegetative screening along the back lot line. Wherever possible, structures on double frontage lots should face the front of existing 5/4/2005 PROPOSED LAKE HARRISON SUBDIVISION - PLANNING CASE NO. 05-14 Page 3 of 6 structures across the street. If this cannot be achieved, then such lots shall have an additional depth of ten feet to accommodate vegetation screening along the back lot line. 4. The private street variance may allow development and home construction on Lots 11 and 12, Block 1. This creates a very unusual and detrimental neighborhood where the front yards in Lake Harrison Development directly abut to the back yards of residents in Highover across the electrical transmission line easement. Effective barriers cannot be considered due to the electrical transmission line easement and the bluff impact zone. Development of Lots 11 and 12, Block 1 will significantly diminish the property values of homes in Highover and Longacres adjacent to the proposed private street and Lots 11 and 12, Block 1. This is in violation of Chanhassen City Ordinance 20-58 (6). Sec. 20-58. General conditions for granting. A variance may be granted by the board of appeals and adjustments or city council only if all of the following criteria are met: (6) That the proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or decrease visibility or site distances, or increases the danger of fire, or endanger the public safety or substantially diminish or impair property values within the neighborhood. 5. The improperly proposed and documented private street variance is not in accordance with city code and should not have been approved. The sole reason for constructing the private street is based upon the desire of the applicant, Pemtom Land Company, to increase the value and income potential of the parcel of land. The construction of the private street is detrimental to the adjacent homeowners. This is in violation of Chanhassen City Ordinance 20-58 (3). During the Planning Commission Meeting on April 19, 2005, the applicant commented that the Lake Harrison Development may not befinancially viable without Lots 11 and 12, Block 1. Sec. 20-58. General conditions for granting. A variance may be granted by the board of appeals and adjustments or city council only if all of the following criteria are met: (3) That the purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. We respectfully request that the City Council votes to prohibit the construction of a private street off of Highover Trail and prohibit any development, grading, tree removal, or construction of homes on Lot 11, Block 1 and Lot 12, Block 1. We also request that these conditions and restrictions be clearly documented in the final plat approval for the Lake Harrison Subdivision. We make these requests in accordance with the requirements of Chanhassen City Ordinances. We believe that the application submitted by Pemtom Land Company was incomplete, did not consider all the important facts, and was not evaluated in the proper detail before being sent to City Council for approval. Some of the significant issues include: 5/4/2005 PROPOSED LAKE HARRISON SUBDIVISION - PLANNING CASE NO. 05-14 Page 4 of 6 Violations and misinterpretations of Chanhassen City Ordinances 2. Variances improperly documented, proposed, & approved 3. Public notice was not properly documented or communicated concerning a variance for construction of a private street connecting Lots 11 & 12, Block 1 to Highover Trail. The private street variance was not included in the public notice printed in the Chanhassen Villager on April 7, 2005. The private street variance was not included or mentioned in the Staff Report for the April 19, 2005 Planning Commission meeting. 4. Lack of information needed for important decision-making concerning wetlands and lot delineations: the DNR Ordinary High Water (OHW) of Lake Harrison has not been determined and will not be available for 1-2 months. 5. The current, proposed plans have not satisfied the minimum replacement requirements of replacing impacted wetlands at a 2: 1 ratio. The applicant is required to demonstrate and document how replacement will be satisfied to ensure the 2: 1 replacement ratio for all impacted wetlands. Currently, the proposed replacement plan is deficient 69,017 square feet (1.58 acres) of wetland mitigation. 6. The environmental impacts of the Lake Harrison Development and the opinions of the City Staff were not properly reviewed and discussed. The Staff Report raised serious environmental issues that were not addressed at the Planning Commission meeting on April 19, 2005. On page 5 of the Staff Report for Case No. 05-14 under "BLUFFS" it is stated: "The applicant has located two lots on the western bluff and is requesting variances to build homes on Lots II and 12. Staff strongly recommends denial of the variances. Construction activities, location of structures and future use of the area by the property owners will have lasting, detrimental effects on the bluff and the wetland, Lake Harrison below. It is in the best interest of the public good that the bluff be preserved as required by ordinance to protect the environmental and water quality of the site. " Although the variance was denied, the applicant is still planning to develop Lots 11 and 12, Block 1. 7. The Compliance table on page 13 of the Staff Report shows a setback variance required for both lots 11 and 12, Block 1. The variances for Lots 11 and 12, Block 1 have been denied, but the Planning Commission Meeting minutes of April 19, 2005 recommend construction of the private street and cul- de-sac on Lot 11, Block 1. This is confusing, not allowed without a variance, and could be interpreted to mean the variance was granted for Lot 11, Block 1. 8. The applicant officially requested approval for 39 lots. The Planning Commission Meeting Minutes from April 19, 2005 documented the approval of 40 lots. 9. Incomplete or deficient applications should not be scheduled for a Planning Commission Meeting. Refer to City Ordinance 20-109. Sec. 20-109. Applications. Application for a site plan review shall be made to the city planner on forms provided by the city and shall be filed 30 days in advance of the planning commission meeting at which it is to be considered. Incomplete or deficient applications shall not be scheduled for a meeting unless the community development director has determined that official action is warranted. 5/4/2005 PROPOSED LAKE HARRISON SUBDIVISION - PLANNING CASE NO. 05-14 Page 5 of 6 10. The applicant is proposing to entirely fill two Type 3 wetland areas (Wetland F and Wetland G) to accommodate additional housing pads. This proposal and insensitive approach to wetland encroachment is unnecessary and based entirely on economic considerations. A feasible and prudent alternative certainly exists to avoid the proposed wetland impacts. Refer to Minnesota Rules 8420.0520 Subpart 3. C. (4) (e). 8420.0520 SEQUENCING. Subp. 3. Determination of impact avoidance. C. Alternatives analysis: (4) The local government unit shall consider the following in evaluating alternatives as applicable: (e) the physical, economic, and demographic requirements of the project. Economic considerations alone do not make an alternative not feasible and prudent. Due to the unusual number of neighborhood concerns, the significant inconsistencies, and the incomplete application submitted by the applicant, this matter may need to be referred back to the Planning Commission for the proper review, scrutiny, and input from Chanhassen residents. Thank you. Sincerely, James & Cheri Broughton 6927 Highover Court N. Chanhassen, MN 55317 Others by Petition to Be Delivered Ray Alstadt & Jacgie Daugherty Prior to May 9, 2005 Council Meeting <<City Council Finall.doc>> 5/4/3005 2423 Highover Trail Chanhassen, MN 55317 PROPOSED LAKE HARRISON SUBDIVISION - PLANNING CASE NO. 05-14 Page 6 of 6 5/4/2005 Riley Purgatory Bluff Creek Watershed District Web Site: http/iwww.rileypurgatorybluffcreek.org August 3, 2005 Ms. M.C. Miller Lake Harrison Development, LLC 7597 Anagram Drive Eden Prairie, MN 55344 Re: Permit #2005-25: Lake Harrison: Chanhassen Dear Ms. Miller: Legal Advisor: Krebsbach & Haik 225 South Sixth Street, Suite 4320 Minneapolis, MN 55415 612 333-7400 Fax: 612 333-6959 Engineering Advisor: Barr Engineering 4700 West 77th Street Minneapolis, MN 55435 952 832-2600 Fax: 952 832-2601 Communication Lexicon Communications Consultant: 15246 65th Place North Maple Grove, MN 55311 763-557-5244 - The Board of Managers of the Riley -Purgatory -Bluff Creek Watershed District has reviewed the plans and grading and land alteration permit application as submitted to the District for the Lake Harrison development in Chanhassen. The project proposes 43,548 square feet of wetland impact. In accordance with the 1991 Wetland Conservation Act requirements, replacement required, 2:1, is 87,096 square feet. The project proposes to replace onsite with a total of 88,338 square feet, thereby meeting the requirements of the Conservation Act. The city of Chanhassen is the LGU administering the requirements of the 1991 Wetland Conservation Act. The Managers approve of the grading and land alteration permit subject to the following conditions: I. All conditions as outlined in the attached General Provisions are applicable. 2. In accordance with the District's steep slope ordinance, runoff from the rear yard areas with a slope of 3:1 or greater must be conveyed back to the front yard areas and/or be "picked up" and conveyed by rear yard storm sewer, thereby minimizing flow down the steep rear yard areas. The design of the rear yard conveyance systems must be submitted to the District's engineering advisor for review and approval. If you have any questions regarding the conditions of the District's permit, please call us at 952-832-2600. Sincerely, obert C. Obermey BARR ENGINEERING CO. Engineers for the District by the Board of Managers WATERSHED DISTRICT President c: Paul HarYc Howard Peterson Lori Haak✓ ::0DMAtPCD0CS\D0CS124611T1 Board of Managers Howard Peterson Perry Forster Conrad Fiskness Philip Wright Susan Scribner Permit: #2005-25 Project Name: Lake Harrison: Chanhassen Approval Date: August 3 2005 General Provisions 1. All erosion control measures shown on the plans must be installed prior to commencement of grading operations and be maintained until all areas altered on the site have been restored. If silt fence is used, the bottom flap must be buried and the maximum allowable spacing between posts is 4 -foot on center. All posts must be either 2" x 2" pine, hardwood, or steel fence posts. If hay bales are used, all bales must be staked in place and reinforced on the downstream side with snow fence. The silt fence must be orange in color, which will be more evident and easier to locate for removal at the completion of the project. 2. All areas altered because of construction must be restored with seed and disced mulch, sod, wood fiber blanket, or be hard surfaced within two weeks from the completion of construction or no later than November 15, 2005. 3. Upon completion of construction and restoration of areas disturbed, the permit applicant is responsible for the removal of all erosion control measures installed throughout the site. 4. Street sweeping must be undertaken and completed on an as -needed basis. 5. At the entryway onto the site, a rock filter dike being a minimum of 2 feet in height and having maximum side slopes of 4:1 must be constructed. This rock filter dike will enable construction traffic to enter the site and also provide an erosion control facility. 6. The District must be notified in writing a minimum of 48 hours prior to commencement of construction. Upon receipt of this notification, a field inspection of the project site by the District's engineer will be undertaken to ensure that all erosion control measures have been properly installed. Construction cannot commence until this field inspection has been completed. 7. Upon completion of the project, the permit applicant is required to complete and submit the middle portion of the attached permit, indicating that the project has been completed. Upon receipt of this application, a field inspection of the site by the District's engineering advisor will be undertaken to ensure that all areas have been properly restored and that all erosion control measures throughout the project site have been removed. 8. The Riley -Purgatory -Bluff Creek Watershed District (RPBCWD), its officers, employees and agents review, comment upon, and approve plans and specifications prepared by permit applicants and their consultants for the limited administrative purpose of determining whether there is reasonable assurance that the proposed project will comply with the regulations and criteria of the RPBCWD and other state and federal agencies. The determination of the RPBCWD that issuance of this permit is appropriate was made in reliance on the information provided by the applicant. ::oDMAurCDocsvmocS\2461 nv 9. The grant of this permit shall not in any way relieve the permittee, its engineer, or other professional consultants of responsibility, nor shall it make the RPBCWD responsible for the technical adequacy of the engineer's or consultant's work. The grant of this permit shall not relieve the permittee from complying with all conditions and requirements of the permit, which shall be retained, by the permittee with the permit. 10. The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. 11. This permit is permissive only. No liability shall be imposed upon the RPBCWD or any of its officers, agents or employees, officially or personally, on account of the granting of this permit or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors. 12. In all cases where the doing by the permittee of anything authorized by this permit shall involve the taldng, using, or damaging of any property, rights or interests of any other person or persons, or of any publicly owned lands or improvements or interests, the permittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all necessary property, rights and interest. 13. This permit is not transferable. The permittee shall make no changes, without written permission previously obtained from the RPBCWD, in the dimensions, capacity, or location of any items of work authorized by this permit. 14. The permittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the RPBCWD for inspection of the work authorized by this permit. 15. This permit may be terminated by the RPBCWD at any time deemed necessary in the interest of public health and welfare, or for violation of any of the provisions of this permit, unless otherwise provided in the special provisions. 16. Construction work authorized under this permit shall be completed on or before date specified above. The permittee may, in writing, request that the RPBCWD extend the time to complete the project and shall state the reason for any requested extension. 17. If dewatering is required and sump pumps are used, all pumped water must be discharged through an erosion control facility prior to leaving the construction site. Proper energy dissipation must be provided at the outlet of the pump system. ::ODMAIPCDOCSIDOCSI246117I1 2 Administration Re: Final Plat Approval — Lake Harrison Phone: 52- 27.11100 Planning Case #05-14 Fax: 952-227.1110 Building Inspections July 12, 2005 CITY OF 1591 Park Road CHANHASSEN Mr. Daniel J. Herbst Engineering The Pemtom Land Company 7700 Market Boulevard 7597 Anagram Drive PO MIN Chanhassen,en, MN 55317 Eden Prairie, MN 55344 Administration Re: Final Plat Approval — Lake Harrison Phone: 52- 27.11100 Planning Case #05-14 Fax: 952-227.1110 Building Inspections Dear Dan: Phone: 952.227.1180 1591 Park Road Far. 952227.1190 On July 12, 2005, the Chanhassen City Council approved the following: Engineering lots. The total park and trail fees due payable at the time of final plat Phone: 952.227.1160 The Final Plat for Lake Harrison creating 39 lots, 6 outlots and associated right -of - Fax: 952227.1170 way for public streets (plans prepared by Westwood Professional Services, Inc., Finance dated June 20, 2005) with a variance for a private street and street grade, subject to Phone: 952227.1140 the following conditions: Fax: 952.227.1110 Retaining walls more than four feet high must be designed by a Park 8 Recreation 1. If Lot 12, Block 3 is further subdivided to create an additional lot, the swimming Phone: 952.227.1120 pool must be removed, prior to the replatting. Fax: 952.227.1110 construction. Recreation center 2, E. Jerome and Linda Carlson will donate Outlots A, C and D to the City of 2310 Coulter Boulevard 1591 Park Road Phone: 952227.1400 Chanhassen. The developer shall pay full park fees for 37 new residential Fax: 952.227.1404 lots. The total park and trail fees due payable at the time of final plat Demolition permits must be obtained prior to demolishing any structures recording are $148,000.00. Planning a on the site. Natural Resources c. Phone: 952.227.1130 3. Building Official Conditions: Fax: 952.227.1110 Retaining walls more than four feet high must be designed by a Public Works a. A final grading plan and soils report must be submitted to the Inspections 1591 Park Road Division before building permits will be issued. Phone: 952.227.1360 b. Demolition permits must be obtained prior to demolishing any structures Fax: 952227.1310 on the site. Senior center c. The developer must name and install a street sign for the private street. Phone: 952.227.1125 d. Retaining walls more than four feet high must be designed by a Fax 952.227.1110 professional engineer and a building permit must be obtained prior to Web She construction. www.achanhassenno.us e. Separate sewer and water services must be provided each lot. L Existing wells and on-site sewage treatment systems on the site but be abandoned in accordance with State Law and City Code and the existing home must be connected to city sewer service when available. g. The swimming pool adjacent to the existing residence must be protected by a fence in accordance with City Code. The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gnat place to live, work, and play. Mr. Daniel J. Herbst Lake Harrison July 12, 2005 Page 2 4. The developer must coordinate the address change of the existing home with the construction of the development and provide access for emergency vehicles at all times. 5. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The plans shall show fixed photo monitoring points for the replacement wetlands. The applicant shall provide proof of recording a Declaration of Restrictions and Covenants for Replacement Wetland. The applicant shall secure City approval of a wetland replacement plan prior to any wetland impacts occurring. Wetland replacement monitoring plans shall be submitted annually beginning one growing season after the wetland is created until the wetland replacement is accepted in writing by the City. The vegetation management plan shall be enhanced to provide a detailed outline for the treatment of reed canary grass and purple loosestrife. The vegetation management plan and wetland mitigation plan sheets shall specify that newly created wetland mitigation areas shall be seeded in a swath that extends at least 1' above and l' below the normal water level of the mitigation areas. 6. A wetland buffer with a minimum width of 20 feet shall be maintained around Wetlands A, B, C, E, F, G and H. A wetland buffer with a minimum width of 16.5 feet shall be maintained around Wetland D and any wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff before construction begins and shall pay the City $20 per sign. 7. Building setbacks of 40 feet from the wetland buffer strips shall be maintained for all proposed building pads. Lot 3, Block 3 shall be revised to meet building setback requirements. 8. All plans shall illustrate Lake Harrison's OHW and a 150 -foot structure setback from the OHW. 9. The bluff area on the property shall be preserved. All structures must maintain a 30 -foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of the bluff). 10. Drainage and utility easements shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. 11. MN DOT category 3 erosion blanket and seed shall be applied to exposed creek slopes near/around road crossing within 24 hours of temporary/final grade. Riprap, appropriately sized, shall be installed at flared end outlets for energy dissipation with underlying gravel base or geotextile fabric. All emergency over flow structures shall be stabilized with riprap and geotextile or permanent turf re -enforcement blankets. Erosion and sediment controls shall be installed for the planned sanitary sewer crossing for Wetland A area. Silt fence, mulch and wetland seed shall be used for restoration. All 3:1 slopes shall be covered with category 3 erosion blanket. An outlet meeting NPDES water quality discharge requirements is needed on Pond 1. Mr. Daniel J. Herbst Lake Harrison July 12, 2005 Page 3 12. Following storm water inlet installation, Wimco-type (or equal) inlet sediment controls shall be installed and regularly maintained. A detail for the inlet sediment controls shall be provided. 13. Following street and utility installation, Chanhassen specification Type 1 silt fence or other approved perimeter sediment control shall be installed for all positive slopes curbside. 14. Geotextile fabric shall be installed under the rock to promote effectiveness and lifespan of the rock construction entrance. 15. Chanhassen Type 2 heavy duty silt fence with straw/hay bale re -enforcement shall be provided for all silt fences adjacent to wetland and creek areas. Chanhassen Type 1 silt fence shall be installed at the OHW elevation of storm water basins following permanent outlet installation. 16. The "Inlet Sediment Filter" detail shall be altered to show a rock berm (lye -inch rock, 2 feet wide and 1 foot high along the outside of the silt fence. Only metal T -posts shall be used, not wood stakes. 17. Silt fence shall be installed between wetland impact areas and the remaining wetland. 18. 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 Sloe Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is 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, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 19. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed 20. All development phases shall be represented in the SWPPP (clear and grubbing, mass grading, large utilities, small utilities, home building, along with any special requirement such as wetland or creek crossing areas). 21. Construction phasing of the road shall be provided for the wetland/creek crossing. Due to potential concentrated flows, a creek crossing plan shall be developed and outlined in the SWPPP. A detail shall also be provided. Stabilization of the crossing area shall be provided within 24 hours following temporary or final grade. The silt fence shall be wrapped up and Mr. Daniel J. Herbst Lake Harrison July 12, 2005 Page 4 around the culvert leaving the wetted perimeter free of silt fence. Soil shall be prevented from entering the waters of the State. 22. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $120,585.00. 23. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Department of Health, Minnesota Pollution Control Agency (NPDES Phase 11 Construction Permit), Minnesota Department of Natural Resources (for dewatering), Carver County, Met Council) and comply with their conditions of approval. 24. 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. In no areas shall the fencing be placed within the bluff impact zone. 25. Any trees removed in excess of proposed tree preservation plans, dated 3/18/05, will be replaced at a ratio of 2:1 diameter inches. 26. A total of 322 trees are to be planted. The number of overstory, deciduous trees, as shown on landscape plans dated 6/20/05, required in the front yard of each lot are as follows: Lot, Block Number of trees uh-ed Lot 1, blk 1 5 Lot 2, blk 1 2 Lot 3, blk 1 1 Lot 4, blk 1 1 Lot 5, blk 1 1 Lot 6, blk 1 2 Lot 7, blk 1 2 Lot 8, blk 1 2 Lot 9, blk 1 1 Lot 10, blk 1 2 Lot 11, blkl None — existing front yard trees to be preserved Lot 12, blk 1 None — existing front yard trees to be preserved Lot 1, blk 2 4 Lot 2, blk 2 3 Lot 3, blk 2 2 Lot 4, blk 2 2 Lot 5, blk 2 3 Lot 6, blk 2 1 Lot 7, blk 2 3 Lot 8, blk 2 2 Lot 9, blk 2 2 Lot 10, blk 2 7 Mr. Daniel J. Herbst Lake Harrison July 12, 2005 Page 5 Lot, Block Number of trees required Lot 1, blk 3 5 Lot 2, blk 3 3 Lot 3, blk 3 2 Lot 4, blk 3 2 Lot 5, blk 3 1 Lot 6, blk 3 1 Lot 7, blk 3 1 Lot 8, blk 3 2 Lot 9, blk 3 2 Lot 10, blk 3 2 Lot 11, blk 3 3 Lot 12, blk 3 6 Lot 13, blk 3 3 Lot 14, blk 3 2 Lot 15, blk 3 2 Lot 16, blk 3 None — existing front yard trees to be preserved 27. The developer shall be responsible for planting any trees in side or rear yards as shown on the landscape plan dated 3/18/05. 28. Any private street is required to have 20 -foot wide paved streets from back -of -curb to back -of - curb, be built to a 7 -ton design, have a maximum slope of 10%, and contained within a 30 -foot wide private easement. At the completion of the project, the developer will be required to submit inspection/soil reports certifying that the private street was built to a 7 -ton design. 29. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes and traffic control plans. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. 30. All of the ponds are required to be designed to National Urban Runoff Program (NURP) standards with maximum 3:1 slopes and a 10:1 bench at the NWL. Pond number 3 must be adequately sized to accommodate the drainage from Lot 1, Block 4, and the proposed park area. 31. Any retaining wall over 4 feet in height must be designed by a Structural Engineer registered in the State of Minnesota with an approved fence. Also, it will require a building permit from the Building Department. 32. Prior to final platting, storm sewer design data and full size map will need to be submitted for staff review. Depending on the size of the drainage area, additional catch basins may be required at that time. The storm sewer will have to be designed for a 10 -year, 24-hour storm event. Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, emergency overflows, access routes for maintenance, and wetlands up to the 100 -year flood level. The minimum easement width Mr. Daniel J. Herbst Lake Harrison July 12, 2005 Page 6 shall be 20 feet wide. Emergency overflows from all stormwater ponds will also he required on the construction plans. 33. Erosion control measures and site restoration must be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends that the City's Type 11 erosion control fence, which is a heavy-duty silt fence, be used for the area adjacent to the existing wetlands. Type I silt fence shall be used in all other areas. In addition, tree preservation fencing must be installed at the limits of tree removal. Erosion control blankets are recommended for all of the steep 3:1 slopes with an elevation change of eight feet or more. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. 34. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. 35. The sanitary sewer and water hookup charges will be applicable for each of the new lots. The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 36. The applicant shall include a drain file system behind the curbs to convey sump pump discharge from homes not adjacent to ponds. Remove the proposed curb along the north side of the right turn land on Galpin Boulevard. 37. Maximum 3:1 side slopes are allowed without the use of a retaining wall, revise the plan accordingly. 38. Minimum 40 -foot wide public drainage and utility easements will be required between Lots 4 and 5, Block 1, and along the west side of Lots 10 and 11, Block 1. 39. On the grading plan: a. Show 12 foot spacing between any two parallel retaining walls over 4 -foot in height. b. Add a note to remove all existing approaches. c. Show the EOF for the easterly cul-de-sac and the garage elevations of all Lots adjacent to it need to be at least 1.5 feet higher than the emergency overflow for the street. 40. On the utility plan: a. Relocate the proposed 12 inch pvc raw water main away from the retaining wall by at least 10 feet along the private street. Mr. Daniel J. Herbst Lake Harrison July 12, 2005 Page 7 b. Show all existing utilities, pipe type and manhole rim/inverts within Lake Lucy Road, Galpin Boulevard, Highover Trail and Manchester Drive. c. Show the existing sanitary sewer in the center of the existing easement. d. Add note: any connection to existing structure must be core drilled. e. Water service must be 1 -inch copper type K. f. The watermain must be looped through to Manchester Drive versus Galpin Boulevard. 41. Staff is recommending that a raw water transmission main be extended through the site for future connection to the City's second water treatment plant. The construction cost for the raw watermain will be paid by the City from the water portion of the Utility Fund. The developer will be required to provide public drainage and utility easements over the transmission main and to install the pipe as a part of the utility construction. 42. Since the applicant is now proposing more units (38) than what the property has been assessed for, the additional 37 units (38-1=37) will be charged a sanitary sewer and watermain lateral connection charge. These charges are due at the time of final plat recording. 43. As with past developments that access off of Galpin Boulevard, a right -turn lane into the site will be required to be constructed The tum lane must meet Carver County design requirements. 44. A 10 -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 hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 45. Two additional fire hydrants are required. 46. 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 47. Temporary street signs shall be installed on each street intersection when construction of the new roadway allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. 48. No burning pemiits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 49. The private street driveway shall be as shown on the Lot 11 & 12 detail plan dated 7/11/05. 50. On the storm sewer and street plans show all the roads timing radius. 51. Show the sanitary sewer minimum 20 -foot easement on Lot 1, Block 2. Mr. Daniel J. Herbst Lake Harrison July 12, 2005 Page 8 52. Show minimum 20 -foot easement for the water -main of Lake Harrison Road looping to the north with the existing Manchester Drive water -main. 53. Show the right existing sanitary easement on Lot 3, Block 3, and revise the standard easement accordingly. 54. All outlot boundaries shall be revised to incorporate wetland buffers where applicable. 55. The applicant shall submit a letter of credit in the amount of $136,400 to guarantee the design goal for the wetland replacement site, as approved in the replacement plan, is fully achieved The letter of credit shall be written to remain in effect for 5 years." Two signed mylar copies of the final plat shall be submitted to our office for signatures along with the signed development contract, the required easements (trail and private street) and all required financial security and fees. Deeds conveying Outlots A, B C and D to the City must be submitted for recording. Two 1"=200' scale mylar reductions of the final plat and one 1"=200' scale mylar reductions of the final plat with just street names and lot and block numbers shall be submitted. In addition, a digital copy in Axf format and a digital copy in .tif format (pdf compatible) of the final plat shall be submitted The City will submit all the necessary documents to Carver County for recording of the subdivision. If you have any questions or need additional information, please contact me at (952) 227-1131. Since`' C Robert Generous, AICP Senior Planner c: Paul Oehme, City Engineer/Public Works Director Steve Torell, Building Official g\plan\2004 planning cases\05-141ake Harrison\approval letter fpAm CAMPBELL KNUTSON Professional Association xxx Direct Dial. (651) 234-6215 E-mailAddress: rknutson*k-law.com Thomas J. Campbell May 16, 2005 KU Roger N. Knutson Thomas M. Scott Y 1 B 2��5 Elliott B. Knctsch Ms. Janet Paulsen CITY OF CHANHASSER Joel J. Jamnik 7305 Laredo Drive Andrea McDowell Poehler Chanhassen, MN 55317 Matthew K. Brokl' John F. Kelly RE: LAKE HARRISON DEVELOPMENT Soren M. Mattick Brendan J. Flaherty Dear Ms. Paulsen: Marguerite M. McCarron Gina M. Brandt Mayor Furlong has asked me to respond to your May 9, 2005 e-mail to the Mayor and City • At" Ginned in Wisconsin Council concerning the Lake Harrison development. The eight issues raised in your e-mail and the City's responses follow: ISSUE NO. 1 The Planning Commission report stated the OHW was not available for 1 to 2 months. The OHW for Lake Harrison is listed as 945.2 elevation in chapter 20-479(c)(1). Response: The City Code has the wrong elevation cited for Lake Harrison. In reviewing the development, staff was informed that the DNR had not established an OHW for Lake Harrison. The DNR sent their staff out to determine this elevation in May 2005. The DNR has established the correct elevation as 993.6. ISSUE NO.2 The private street requires a fire marshal to grant approval and give a safety report (this is missing), chapter 18-57. Response: Section 18-57(Ox3XI) provides that private streets shall "provide a turnaround area acceptable to the Fire Marshal ...." The street was reviewed and approved by the Fire Marshal. ISSUE NO.3 The private street is not a driveway, chapter 1, driveway definition. Response: City Code Section 1-2 defines a private street as follows: "Street, private means a 1380 Corporate Center Curve street serving as vehicular access to two or more parcels of land which is not dedicated to the Suite 317 • Eagan, MN 55121 public but is owned by one or more private parties." 651-452-5000 Fax 651-452-5550 City Code Section 1-2 defines a driveway as follows: "Driveway means a private access from www.ck-law.com a street to an individual lot." Ms. Janet ten • May 16, 2005 Page 2 The segment serving Lots 11 and 12, Block I is a "private street." The segment only serving Lot 12, Block 1 is a driveway because it does not serve "two or more parcels." ISSUE NO.4 The private street must have a 30 -foot right-of-way, chapter 18-57. Response: Agreed, it does have a 30 foot right-of-way. As mentioned in the response to Issue No. 3, the segment serving only Lot 12 is not a private street and therefore does not require a 30 foot right-of-way. ISSUE NO.5 The property is classified as shoreland and as such is subject to shoreland rules, Chapter 1. Response: Agreed, Section 1-2 of the City Code defines shoreland as `land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a flood plain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner." ISSUE NO. 6. A private street is a "street not classified" according to the DNR (confirmed in a letter from John L. Stine, June 20, 2000). Because the private street is in shoreland and is a "street not classified," it must be setback 20 feet from structures, chapter 20-481. A utility pole is a structure, a retaining wall is a structure, and a house is a structure, chapter 1 structure definition. Therefore, three variances are required for these conditions. Response: There is a well recognized rule of statutory construction that a statute is presumed not to intend an absurd result. The term "structure" in this context must be interpreted with that rule in mind. The retaining wall is a necessary part of the street construction and utility poles are normally found in the right-of-way of streets. The City has never required variances for these situations which are common place throughout the City. ISSUE NO.7 All lots accessed by a private street must have front lot lines facing the public street, chapter 20-615. And all RSF lots require a 30 -foot front yard setback. This is lacking in Lot 11, Block 1, and requires a variance. Response: City Code Section 20-615(7)(a) states: The setbacks for lots served by private streets and/or neck lots are as follows: For front yard, 30 feet. The front yard shall be the lot line nearest the public right-of-way that provides access to the parcel. The rear yard lot line is to be located opposite from the front lot line with the remaining exposures treated as side lot Ms. Janet *sen • May 16, 2005 Page 3 lines. On neck lots the front yard setback shall be measured at the point nearest the front lot line where the lot achieves a 100 -foot minimum width. The north property lines of Lots 11 and 12, Block 1 are the front lot line. A variance is not required, however, there is adequate buildable area without a variance. ISSUE NO.8 The variances for a 5 -foot front yard setback for Block 2 do not meet all conditions for a variance. Response: The City Council and Planning Commission determined that the criteria for a variance were met. There is a certain amount of judgment or discretion involved in determining whether the conditions were met, but it was well within the discretion of the decision maker to make that determination. Regards, CAMPBELL KNUTSON P essional Assort Roger N. Knutson Chanhassen City Attorney RNK:sm cc: Mayor and Councihnembers Todd Gerhardt, City Manager Kate Aanenson, Community Development Director Bob Generous, Senior Planner Administration 0 0 Phone: 952227.1100 May 12, 2005 CITY OF prepared by Westwood Professional Services, Inc. dated 03/18/05, based on the CI�ANHASSEN Mr. Dan Herbst Building Inspections The Pemtom Land Company 7700 Market Boulevard 7597 Anagram Drive PO Chanhassen,en, MN MN 55317 Eden Prairie, MN 55344 Administration Re: Lake Harrison — Planning Case #05-14 Phone: 952227.1100 public right-of-way with of a variance for a private street and street grade, plans Fax: 952.227.1110 prepared by Westwood Professional Services, Inc. dated 03/18/05, based on the Recreation Center Dear Dan: Building Inspections PFax:9522.27.1190 This letter is to notify you that on May 9, 2005, the Chanhassen City Council Fax:952 227.1190 1. The lot area for Lot 2, Block 1, shall be increased to a minimum of 15,000 approved the following: Engineering Phone: 952.227.1160 A. "The Rezoning of the property from RR, Rural Residential, to RSF, Single Fax: 952.227.1110 2. The lot frontage for Lot 3, Block 1, must meet the 90 feet standard at the Fax: 952.227.1110 Family Residential District based on the findings of fact attached to the staff Finance report-" Phone: 952.227.1140 3. Lots 10, 11 and 12, Block 3, must be reconfigured to meet the minimum Fax. 952 227.1110 standards. - Park A Recreation B. "Preliminary plat (Subdivision) to create 40 single-family lots, four outlots and Phone: 952.227.1120 public right-of-way with of a variance for a private street and street grade, plans Fax: 952.227.1110 prepared by Westwood Professional Services, Inc. dated 03/18/05, based on the Recreation Center findings of fact attached to the staff report, subject to the following conditions: 2310 Coulter Boulevard Phone: 952.227.1400 Fax 952227.1404 1. The lot area for Lot 2, Block 1, shall be increased to a minimum of 15,000 square feet. Planning d Natural Resources Phone: 952.227.1130 2. The lot frontage for Lot 3, Block 1, must meet the 90 feet standard at the Fax: 952.227.1110 building setback line. Public Works 1591 Park Road 3. Lots 10, 11 and 12, Block 3, must be reconfigured to meet the minimum Phone: 952.227.1300 standards. - Fax: 952.227.1310 Senior Center 4. The lot frontage for L.ot 14, Block 3, must meet the 125 minimum lot width Phone: 952.227.1125 if it is a lake shore lot. Fax: 952.227.1110 web site 5. Lot 12, Block 3, contains a swimming pool and shall not be platted as a www.cl.chanhassen.mn.us separate lot until the pool is removed or the platting of the lot is concurrent with an application for a building permit for a principal dwelling on the lot. 6. Prior to final plat approval, the developer shall verify that acceptable building pads can be accommodated on all lots that have lake setbacks. 7. If Lot 1, Block 4, is not dedicated for park purposes, then the development shall pay full park fees in force at the time of final plat approval. SCANNED The City of Chanhassen • A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great placeto live, work, and play. 0 0 Mr. Dan Herbst May 12, 2005 Planning Case 05-14 — Lake Harrison Page 2 8. 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. The developer must submit a list of proposed street names for review and approval prior to final plat of the property. d. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. e. Separate sewer and water services must be provided each lot. f. Existing wells and on-site sewage treatment systems on the site but be abandoned in accordance with State Law and City Code and the existing home must be connected to city sewer service when available. g. The swimming pool adjacent to the existing residence must be protected by a fence in accordance with City Code. h. The developer must coordinate the address change of the existing home with the construction of the development and provide access for emergency vehicles at all times. 9. A wetland delineation report illustrating wetland type, boundary and vegetation shall be submitted prior to final plat approval. 10. The applicant shall submit a Wetland Conservation Act (WCA) application illustrating two alternatives that demonstrate proposed plans were sequenced in the following order of decreasing preference: 1) Avoidance of wetland impact, 2) Minimization of wetland impacts, 3) Rectification of wetland impacts and 4) Mitigation of wetland impacts. The applicant shall not impact basins A, G and F until it is demonstrated that these impacts have met the above sequencing requirements. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The plans shall show fixed photo monitoring points for the replacement wetlands. A five-year wetland replacement monitoring plan shall be submitted yearly beginning one growing season after the wetland is created. The applicant shall provide proof of recording a Declaration of Restrictions and Covenants for Replacement Wetland. The applicant shall secure City approval of a wetland replacement plan prior to any wetland impacts occurring. 11. All impacts, including the filling of wetlands and conversion of wetlands into storm water pond, shall be mitigated with the proposed project. The applicant shall demonstrate and document how replacement will be satisfied to ensure the 2:1 replacement ratio for all impacted wetlands. 12. A wetland buffer with a minimum width of 20 feet shall be maintained around Wetlands A, B, C, E, F, G and H. A wetland buffer with a minimum width of 16.5 feet shall be maintained around Wetland D and any wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff before construction begins and shall pay the City $20 per sign. 3 :rrqL.Ji 0 0 Mr. Dan Herbst May 12, 2005 Planning Case 05-14 — Lake Harrison Page 3 13. Building setbacks of 40 feet from the wetland buffer strips shall be maintained for all proposed building pads. Lot 3, Block 3 and Lot 11, Block 3 shall be revised to meet building setback requirements. 14. Lots 11-15 Block 3 and Lot 10 Block 2 shall be revised to incorporate all of wetland B into Outlot C. 15. The OHW determination shall be completed prior to final plat approval. All plans shall illustrate Lake Harrison's OHW and a 150 foot structure setback from the OHW. 16. All non -riparian lots within the shoreland management zone shall be no less than 90 feet wide with 15,000 square feet of lot area. All riparian lots within the shoreland management zone shall be no less than 125 feet wide with 40,000 square feet of lot area. 17. The bluff area on the property shall be preserved. All structures must maintain a 30 foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of the bluff). 18. The proposed development shall maintain existing runoff rates. Storm water calculations shall be submitted to ensure the proposed storm water ponding is sized adequately for the proposed development. 19. Drainage and utility easements shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. 20. MN DOT category 3 erosion blanket and seed shall be applied to exposed creek slopes near/around road crossing within 24 hours of temporary/final grade. Riprap, appropriately sized, shall be installed at flared end outlets for energy dissipation with underlying gravel base or geotextile fabric. All emergency over flow structures shall be stabilized with riprap and geotextile or permanent turf re -enforcement blankets. Erosion and sediment controls shall be installed for the planned sanitary sewer crossing for Wetland A area. Silt fence, mulch and wetland seed shall be used for restoration. All 3:1 slopes shall be covered with category 3 erosion blanket. An outlet meeting NPDES water quality discharge requirements is needed on Pond 1. 21. Following storm water inlet installation Wimco-type (or equal) inlet sediment controls shall be installed and regularly maintained. A detail for the inlet sediment controls shall be provided. 22. Following street and utility installation, Chanhassen -specification Type -1 silt fence or other approved perimeter sediment control shall be installed for all positive slopes curbside. 23. Geotextile fabric shall be installed under the rock to promote effectiveness and lifespan of the rock construction entrance. 0 0 Mr. Dan Herbst May 12, 2005 Planning Case 05-14 — Lake Harrison Page 4 24. Chanhassen type 2 heavy duty silt fence with straw/hay bale re -enforcement shall be provided for all silt fences adjacent to wetland and creek areas. Chanhassen type 1 silt fence shall be installed at the OHW elevation of storm water basins following permanent outlet installation. 25. The "Inlet Sediment Filter" detail shall be altered to show a rock bene (1 r/2 -inch rock, 2 feet wide and 1 foot high along the outside of the silt fence. Only metal t -posts shall be used, not wood stakes. 26. Silt fence shall be installed between wetland impact areas and the remaining wetland. 27. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: TyW of Slope Time (Maximum time an area can Steeper than 3:1 7 days remain open when the area 10:1 to 3:1 14 days is 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, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 28. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 29. All development phases shall be represented in the SWPPP (clear and grubbing, mass grading, large utilities, small utilities, home building, along with any special requirement such as wetland or creek crossing areas). 30. Construction phasing of the road shall be provided for the wetland/creek crossing. Due to potential concentrated flows, a creek crossing plan shall be developed and outlined in the SWPPP. A detail shall also be provided. Stabilization of the crossing area shall be provided within 24 hours following temporary or final grade. The silt fence shall be wrapped up and around the culvert leaving the wetted perimeter free of silt fence. Soil shall be prevented from entering the waters of the state. 31. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $135,285.38. 32. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Department of Health, Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering), Carver County, Met Council) and comply with their conditions of approval. 0 0 Mr. Dan Herbst May 12, 2005 Planning Case 05-14 - Lake Harrison Page 5 33. 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. In no areas shall the fencing be placed within the bluff impact zone. 34. Any trees removed in excess of proposed tree preservation plans, dated 3/18/05, will be replaced at a ratio of 2:1 diameter inches. 35. A total of 319 trees are to be planted. The number of overstory, deciduous trees, as shown on landscape plans dated 3/18/05, required in the front yard of each lot are as follows: Lot, Block Number of trees required Lot 1, blk 1 5 Lot 2, blk 1 2 Lot 3, blk 1 1 Lot 4, blk 1 1 Lot 5, blk 1 1 Lot 6, blk 1 2 Lot 7, blk 1 2 Lot 8, blk 1 2 Lot 9, blk 1 1 Lot 10, blk 1 2 Lot 11, blkl None - existing front yard trees to be preserved Lot 12, blk 1 None -existing front yard trees to be preserved Lot 1, blk 2 4 Lot 2, blk 2 3 Lot 3, blk 2 2 Lot 4, blk 2 2 Lot 5, blk 2 3 Lot 6, blk 2 1 Lot 7, blk 2 3 Lot 8, blk 2 2 Lot 9, blk 2 2 Lot 10, blk 2 7 Lot 1, blk 3 5 Lot 2, blk 3 2 Lot 3, blk 3 2 Lot 4, blk 3 3 Lot 5, blk 3 1 Lot 6, blk 3 1 Lot 7, blk 3 1 Lot 8, blk 3 2 Lot 9, blk 3 2 Lot 10, blk 3 3 Mr. Dan Herbst May 12, 2005 Planning Case 05-14 — Lake Harrison Page 6 Lot, Block Number of trees required Lot 11, blk 3 2 Lot 12, blk 3 3 Lot 13, blk 3 3 Lot 14, blk 3 3 Lot 15, blk 3 2 Lot 16, blk 3 1 Lot 17, blk 3 1 None — existing front yard trees to be preserved 36. The developer shall be responsible for planting any trees in side or rear yards as shown on the landscape plan dated 3/18/05. 37. Any private street is required to have 20 -foot wide paved streets from back -of -curb to back -of - curb, be built to a 7 -ton design, have a maximum slope of 10%, and contained within a 30 -foot wide private easement. At the completion of the project, the developer will be required to submit inspection/soil reports certifying that the private street was built to a 7 -ton design. 38. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes and traffic control plans. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. 39. All of the ponds are required to be designed to National Urban Runoff Program (NURP) standards with maximum 3:1 slopes and a 10:1 bench at the NWL. 40. Any retaining wall over 4 feet in height must be designed by a Structural Engineer registered in the State of Minnesota with an approved fence. Also, it will require a building permit from the Building Department. 41. Prior to final platting, storm sewer design data will need to be submitted for staff review. Depending on the size of the drainage area, additional catch basins may be required at that time. The storm sewer will have to be designed for a 10 -year, 24-hour storm event. Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, emergency overflows, access routes for maintenance, and wetlands up to the 100 -year flood level. The minimum easement width shall be 20 feet wide. Emergency overflows from all stormwater ponds will also be required on the construction plans. 42. Erosion control measures and site restoration must be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends that the City's Type II erosion control fence, which is a heavy-duty silt fence, be used for the area adjacent to the existing wetlands. Type I silt fence shall be used in all other areas. In addition, tree preservation fencing must be installed at the limits of tree removal. Erosion control blankets are recommended for all of the steep 3:1 slopes with an elevation change of eight feet or more. All 0 0 Mr. Dan Herbst May 12, 2005 Planning Case 05-14 — Lake Harrison Page 7 disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. 43. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. 44. The sanitary sewer and water hookup charges will be applicable for each of the new lots. The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 45. The applicant shall include a drain tile system behind the curbs to convey sump pump discharge from homes not adjacent to ponds. 46. All plans must be signed by a registered engineer in the State of Minnesota 47. Maximum 3:1 side slopes are allowed without the use of a retaining wall. 48. On the preliminary plat sheet show the street right-of-way for the cul-de-sacs. 49. Minimum 20 -foot wide public drainage and utility easements will be required over the sanitary sewer and watermain that is outside of the right-of-way. 50. On the grading plan: a. Show the benchmark. b. Add a note to remove all existing approaches. c. Show the retaining walls top and bottom elevations. d. Revise the street grades to comply with the 7% maximum requirement. e. Eliminate Pond 1 and bring the drainage to Pond 2. f. The proposed grading for Lots 4-6, Block 3 needs to be revised to prevent the garage elevation of Lot 4 from being lower than the street. g. The garage elevations of Lots 5 and 6 need to be at least 1.5 feet higher than the emergency overflow for the street. h. Install a culvert under the proposed street connection at Galpin Boulevard. i. Show the 1036 contour around the housepad of Lot 2, Block 1. j. Show the proposed storm sewer on the plan. 51. Label the existing and proposed street names on all plan sheets. 0 0 Mr. Dan Herbst May 12, 2005 Planning Case 05-14 — Lake Harrison Page 8 52. On the utility plan: a. Revise the note to say "All storm pipe shall be Class 5...". b. Show all existing utilities, pipe type and manhole rimlinverts within Lake Lucy Road, Galpin Boulevard, Highover Trail and Manchester Drive. c. Revise the location of the downstream sanitary sewer from MH -15 so it goes between Lots 4 and 5 versus Lots 5 and 6, Block 1. d. Show all utility and storm ponds easements. e. Sanitary service must be 6 -inch PVC and water service 1 -inch copper type K. f. The watermain must be looped through to Manchester Drive versus Galpin Boulevard. 53. Staff is recommending that a raw water transmission main be extended through the site for future connection to the City's second water treatment plant. The construction cost for the raw watermain will be paid by the City from the water portion of the Utility Fund. The developer will be required to provide public drainage and utility easements over the transmission main and to install the pipe as a part of the utility construction. 54. Since the applicant is now proposing more units (39) than what the property has been assessed for, the additional 38 units (39-1=38) will be charged a sanitary sewer and watermain lateral connection charge. These charges are due at the time of final plat recording. 55. As with past developments that access off of Galpin Boulevard, a right -tum lane into the site will be required to be constructed. The turn lane must meet Carver County design requirements. 56. A 10 -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 hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 57. Two additional fire hydrants are required. 58. Fire apparatus access roads and water supply for fine 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. 59. Temporary street signs shall be installed on each street intersection when construction of the new roadway allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. 60. No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped 61. Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. 62. Create a Lot 1, Block 4, on the eastern portion of Outlot A, east of wetland E. 0 0 Mr. Dan Herbst May 12, 2005 Planning Case 05-14 — Lake Harrison Page 9 63. The private street driveway shall be as shown on the Lot 11 & 12 detail plan dated 5/09/05." C. "Ibe front yard variance for Block 2 and denied the bluff setback variances based on the findings of fact attached to the staff report." D. "The wetland alteration permit to fill and alter wetlands on site subject to the following conditions: 1. The wetland alteration permit is contingent on final plat approval for Lake Harrison. 2. A wetland delineation report illustrating wetland type, boundary and vegetation shall be submitted prior to final plat approval. 3. The applicant shall submit a Wetland Conservation Act (WCA) application illustrating two alternatives that demonstrate proposed plans were sequenced in the following order of decreasing preference: 1) Avoidance of wetland impact, 2) Minimization of wetland impacts, 3) Rectification of wetland impacts and 4) Mitigation of wetland impacts. The applicant shall not impact basins A, G and F until it is demonstrated that these impacts have met the above sequencing requirements. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The plans shall show fixed photo monitoring points for the replacement wetlands. A five-year wetland replacement monitoring plan shall be submitted yearly beginning one growing season after the wetland is created. The applicant shall provide proof of recording a Declaration of Restrictions and Covenants for Replacement Wetland. The applicant shall secure City approval of a wetland replacement plan prior to any wetland impacts occurring. 4. All impacts, including the filling of wetlands and conversion of wetlands into storm water pond, shall be mitigated with the proposed project. The applicant shall demonstrate and document how replacement will be satisfied to ensure the 2:1 replacement ratio for all impacted wetlands. 5. A wetland buffer with a minimum width of 20 feet shall be maintained around Wetlands A, B, C, E, F, G and H. A wetland buffer with a minimum width of 16.5 feet shall be maintained around Wetland D and any wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff before construction begins and shall pay the City $20 per sign. 6. Building setbacks of 40 feet from the wetland buffer strips shall be maintained for all proposed building pads. Lot 3, Block 3 and Lot 11, Block 3 shall be revised to meet building setback requirements. 7. Lots 11-15 Block 3 and Lot 10 Block 2 shall be revised to incorporate all of wetland B into Outlot C. 0 0 Mr. Dan Herbst May 12, 2005 Planning Case 05-14 — Lake Harrison Page 10 8. Drainage and utility easements shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. 9. Erosion and sediment controls shall be installed for the planned sanitary sewer crossing for Wetland A area. Silt fence, mulch and wetland seed shall be used for restoration. All 3:1 slopes shall be covered with category 3 erosion blanket. 10. Chanhassen type 2 heavy duty silt fence with straw/hay bale re -enforcement shall be provided for all silt fences adjacent to wetland and creek areas. Chanhassen type 1 silt fence shall be installed at the OHW elevation of storm water basins following permanent outlet installation. 11. Silt fence shall be installed between wetland impact areas and the remaining wetland. 12. Construction phasing of the road shall be provided for the wetland/creek crossing. Due to potential concentrated flows, a creek crossing plan shall be developed and outlined in the SWPPP. A detail shall also be provided. Stabilization of the crossing area shall be provided within 24 hours following temporary or final grade. The silt fence shall be wrapped up and around the culvert leaving the wetted perimeter free of silt fence. Soil shall be prevented from entering the waters of the state. 13. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley -Purgatory -Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase H Construction Permit), Minnesota Department of Natural Resources (for dewatering)) and comply with their conditions of approval. Final plat documents must be submitted to the city three weeks prior to the City Council meeting in which you wish to have your final plat approved. Enclosed is the list of items required for submittal for final plat approval. If you have any questions or need additional information, please contact me at (952) 227-1131. Sinc Robert Generous, AICP Senior Planner Enclosure Lori Haak, Water Resources Coordinator Paul Oehme, City Engineer/Public Works Director Steve Torell, Building Official 9.%Pl-%2005 Planning cases\05-14 lake Harrisontapproval letter preliminary plat.dm ITEMS REQUIRED FOR FINAL PLAT CONSIDERATION 6/9/04 The following items are required to be submitted a minimum of three (3) weeks prior to City Council meeting and payment of a $250.00 final plat review fee: 1. Submit three (3) sets of construction plans and specifications for staff review and redline. The construction plans and specifications shall be in accordance to the City's latest edition of Standard Specifications & Detail Plates. The plans shall include traffic signage and street light placement. Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water and storm sewer lines). Grading and drainage plans shall show dwelling type and elevations, wetlands and wetland buffer areas, stormwater pond NWLS and HWLS, catch basin, and stone manhole numbers. 2. Drainage calculations for water quantity and quality ponding with maps showing drainage areas for pre -and post -development conditions and contributing areas to catch basins. 3. Tree Preservation Easements (if applicable). 4. Trail Easements (if applicable). 5. Landscape Plan and Cost Estimates (Woodland Management Plan, if applicable). 6. Engineer's Cost Estimate of Public Improvements: a. Sanitary sewer system. b. Water system. C. Storm sewer drainage system including cleaning and maintenance. d. Streets, sidewalk and trails. e. Erosion control. f. Site restoration (seeding, sodding, etc.). g. Site grading 7. Ten (10) sets (folded) of final plat, one (1) set of reductions (8th" x 11"), a digital copy in Awg format (AutoCAD compatible), and a digital copy in .tif format. 8. Digital copy of the legal description of the property in a .doc or .pdf compatible format. 9. Lot tabulations 10. 1" = 200' scale paper or mylar reduction of the final plat with just street names and Lot and Block numbers. Failure to provide any of the above items by the required deadline will result in delaying consideration of final plat before the City Council. 9-\=&o V*Iat =bmitW.dW CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NHNNNFSOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Planning Case No. 05-14 Application of The Pemtom Land Company for Subdivision with Variances, Rezoning and Wetland Alteration Permit — Lake Harrison. On April 19, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of The Pemtom Land Company for preliminary plat approval with variances for street grades, private street and front yard and bluff setbacks, a rezoning of the property to Single - Family Residential District, RSF, and a wetland alteration permit. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential District, RR. 2. The property is guided in the land Use Plan for Residential — Low Density use. 3. The legal description of the property is: (see attached Exhibit A) 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 consistent with the official City Comprehensive Plan. b. The proposed use is compatible with the present and future land uses of the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. e. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f. Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the Zoning Ordinance; SCANNED 0 0 b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter, e. The proposed subdivision will not cause excessive environmental damage; f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1. Lack of adequate storm water drainage. 2. Lack of adequate roads. 3. Lack of adequate sanitary sewer systems. 4. Lack of adequate off-site public improvements or support systems. 6. In order to permit private streets, the city must find that the following conditions exist: a. The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. b. After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. c. The use of the private street will permit enhanced protection of the city's natural resources specifically bluffs and forested areas. 7. The city may grant a variance (street grade and private street) from the regulations contained within the Subdivision Ordinance as part of the plat approval process following a finding that all of the following conditions exist: a. The hardship is not a mere inconvenience. b. The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. d. The conditions upon which the request is based are unique and not generally applicable to other property. e. The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. 8. A variance (front yard setback) maybe granted by the city if all of the following criteria are met: 2 0 0 a. The literal enforcement of the ordinance creates a hardship. For purposes of the definition of undue hardship, reasonable use includes a use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods pre-existing standards exist. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. The proposed setback variance enhances wetland preservation. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land, but to facilitate wetland preservation. d. The hardship is not self-created by the developer, but due to the fact that the applicant is attempting to development within an area that is surrounded by wetlands. e. The variance if approved will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. f. The proposed variation will not impair an adequate supply of light and air to adjacent property. 9. Variance Findings — Bluff Setback a. The literal enforcement of the ordinance does not creates a hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre- existing standards without departing downward from them meet this criteria. Lots 11 and 12 could be developed without encroaching in to the required bluff setback. b. The conditions upon which a petition for a variance is based are net applicable, generally, to other property within the same zoning classification. The proposed setback variance would permit encroachment in to a sensitive environmental area which the city has consistently attempted to protect. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land, but to facilitate development constrained by a bluff and a electrical transmission line corridor easement. d. The hardship is not self-created by the developer. There are alternate ways of developing the area above the bluff without encroaching in to the bluff setback. e. The variance if approved will me$ be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located by potentially negatively impacting the bluff, its trees and the wetland below. f. The proposed variation will not impair an adequate supply of light and air to adjacent property. 0 10. The planning report #05-14 dated April 19, 2005, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Rezoning, Preliminary Plat with Variances for street grades, private street and the front yard setback variances for Block 3 and the Wetland Alteration Plan. The Planning Commission further recommends that the City Council deny the bluff setback variance. ADOPTED by the Chanhassen Planning Commission this 19'h day of April, 2005. 7Y77:: .CODMMIf SSI/ON Its Chairman El 0 0 That part of the South 835.33 feet of the East one-half of the Southwest Quarter, Section 3, Township 116, Range 23, Carver County, Minnesota, measured at right angles to and parallel with the south line of Said East one-half of the Southwest Quarter lying westerly of the center line of Carver County Road 117. Torrens Certificate Number 30251. And, That part of the Southwest Quarter of Section 3, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the southwest corner of the Southwest Quarter; then running East on the section line 1335.00 feet to a point marked by a gas pipe; thence North 1320.00 feet to a point marked by an iron pipe; thence West 1335.00 feet to a point in the section line marked by a gas pipe; thence South 1325.00 feet to the place of beginning. And, That part of the Northwest Quarter of the Southwest Quarter of Section 3, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at the southwest comer of said Northwest Quarter of the Southwest Quarter; thence northerly along the west line of said Northwest Quarter of the Southwest Quarter a distance of 2.10 feet; thence easterly to a point in the east line of said Northwest Quarter of the Southwest Quarter distant 7.15 feet northerly of the southeast comer thereof; thence southerly along said east line 7.15 feet to said southeast comer; thence westerly along the south line of said Northwest Quarter of the Southwest Quarter to the point of beginning. And, Lot 1, Block 1, Brenden Pond 2m Addition, according to the recorded plat thereof, Carver County, Minnesota. 5 rte, mss- - 7700 Market Blvd P.O. Box 147 Chanhassen, MN 55317 General Phone: 952-227-1100 Administrative Fax: 952-227-1110 Bldg/Inspections Fax: 952-227-1190 Engineering Fax: 952-227-1170 Park/Recreation Fax: 952-227-1110 Planning Far 952-227-1110 Public Works Far 952-227-1310 Recreation Center Far 952-227-1404 Web Address: www.cEchanhassen.mn.us FAX COVER SHEET Date: Z) U 0 / Company: � - i 0 VV` - Attention: � b $ Fax Number: " / S 2- 3 Sent By: � 6je VLC--(`C' L - Direct Dial No: `nl5 2, -2 %f � ) Sending 44 pages, including cover page. ❑ Please find the information you requested ❑ Please review and call me ❑ Please call to confirm receipt of this fax U wt/ rf ffQ�e�V t A�- iQ 4 ArcV 4 3 If you do not receive all pages, or are experiencing other problems in transmiss�, please call the sender at his or her direct dial number. Project Name: Lake Harrison Public ❑ Private PROJECT APPROVAL STATUS Project No.: 05- 13 Developer:.The Lake Harrison Dev.,LLC Address: 7597 Anagram Dr. Eden Prairie. 55344 Telephone/Fax: 952-937-0716 / 952-937-8635 Project Engineer/Address Westwood Professional Services Contractor Name/Address: Grading, Terry Brothers. * PRIOR TO GRADING # PRIOR TO UTILITIES 28 - Signed D.C. 7/14/05 29 — Fee Owner Consent NA 30 — Mortgage Holder Consent 7/14/05 32 — Carver County Permit 8/8/05 33 — Outlots dedicated to City ( will not need trail easements ) Prior to plat recording DATE NOTES 1. Preliminary Plat Approval 5/9/05 2. Final Plat Approval 7/11/05 3. Development Contract Approval 7/11/05 4. Plans & Specifications Approval 7/11/05 5. Grading Permit Approval NA 6. WAP Approval NA 7. Administrative Fee Paid 7/20/05 $ 313,910.50 8a. Letter of Credit Received 7/15/05 $ 2,186,030.00 8b. Cash Escrow Received NA 9. Final Plat M lays Submitted w/Reductions # and digital copy of & .dxf format 10. Easements Obtained # Private Drive & Trail easements 11. Plans & Specs Received/Distributed 9/7/05 12. Final Plat/Development Contract to Attorney # 13. Watershed District Approval Copy Per Watershed can start clear/grub. Grading can start August 3r0 2005 14. Health Department Approval 9/7/05 15. Pollution Control Agency Approval 8/22/05 16. MCES A ency Approval 8/22/05 Met Council 17. Dept. of Natural Resources Approval N/A 18. Army Cors of Engineers Approval Need Approval 19. NPDES Permit 7/19/05 20. MnDOT Permit NA _82pli2ation 21. Preconstruction Meeting 8/205 22. Certificate of Insurance from Contractor 7/19/05 23. Notice to Proceed 8/4/05 Site grading only. West end of project 24. Soil Boring Data NA 25. Street Lighting Layout NA 26. Sub -Contractors & Suppliers 9/7/05 27. Security Released Project Closed 28 - Signed D.C. 7/14/05 29 — Fee Owner Consent NA 30 — Mortgage Holder Consent 7/14/05 32 — Carver County Permit 8/8/05 33 — Outlots dedicated to City ( will not need trail easements ) Prior to plat recording CITY OF MEMORANDUM CHANHASSEN TO: Todd Gerhardt, City Manager 7700 Market Boulevard FROM: Paul Oehme, Dir. of Public Works/City Engineer PO Boz 147 Chanhassen, MN 55317 DATE: November 14, 2005 ppm SUBJ: Approve Expenditure of Funds for Raw Watermain Improvements Phone: 952.227.1100 in the Lake Harrison Development - Project No. 05-13 Fax: 952.227.1110 Building Inspections REQUESTED ACTION Phone: 952.227.1180 Meadows with raw watermain and trunk oversizing cost reimbursement Fax: 952.227.1190 requirements. Park 8 Flonabon Approve expenditure of funds for trunk watermain improvements in the Lake Engineerkrg Harrison Development. Phone: 952.227.1160 Development with raw watermain cost reimbursement requirements. Fax: 952.227.1170 BACKGROUND Rnanm Phone: 952.227.1140 On June 13, 2005, Council approved the Development Contract for Highcrest Fax 952.227.1110 Meadows with raw watermain and trunk oversizing cost reimbursement requirements. Park 8 Flonabon Phone: 952.2271120 On July 11, 2005, Council approved the Development Contract for Lake Harrison Fax 952.227.1110 Development with raw watermain cost reimbursement requirements. Reaea6Cel 2310 Coulterer Boulevard On August 8, 2005, Council approved expenditure of funds for trunk and raw Phone: 952.227.1400 watermain cost reimbursement requirements. Fax: 952.227.1404 On September 12, 2005, the City approved the purchase of land for the future Plammg 8 west water treatment plant. Naha Resources Roe: 952.227.1130 DISCUSSION Fax: 952.227.1110 Pudic Works Twelve and 20 -inch diameter raw watermain are proposed to be constructed in 1591 Park Road conjunction with the Lake Harrison development. The proposed raw watermain, Phone: 952.227.1300 or well collection pipe, will convey untreated water from Well Nos.7 and 8 to the Fax: 952.227.1310 future west water treatment facility. The collection pipe is proposed to be extended through the Lake Harrison Development at this time because it will be Senior Cooler Phone: 952.227.1125 more costly to do when the area is developed. The collection pipe will connect to Fax: 952.227.1110 the collection pipe already installed with the Highcrest Meadows development. Web Site The reimbursement for the cost of installing the raw watermain was included in www.achanhassen.mn.us the Lake Harrison development contract and site approval conditions approved by Council. Ch nhassen is a Community for life - Providing for Today and Planning for Tomorrow Todd Gerhardt November 14, 2005 Page 2 CITY OF x IMM The cost to construct the raw watermain is $283,123.84, which includes $8,246.33 Engineering gAengVmjectsUake harfiwntlrunk watertnzin bkgd 11-14-05.dm Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952 2271140 Fax: 952.227.1110 Park & Ne reallon Phone: 952.227.1120 Fax: 952.227.1110 Neveabon Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning 8 Naknal Nesmaces Phone: 952.227.1130 Fax: 952.227.1110 Putfic 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.d.chantassen.mn.us CkaNnassen is a Connenily for life - Providing for Today and Planning to( Tomorrow in engineering costs. Staff has reviewed the costs and finds them acceptable. 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 The financing for the improvement was included in the 2005 rate study update since this project was not programmed in the 2005 CIP. The total cost for the water system improvements is $283,123.84 and will be 100% funded from the Admmshation Water Utility Fund. Phone: 952.227.1100 Fax 952 227 1110 Attachment Building Inspections Phone: 952.227.1180 c: Daniel J. Herbst, Pemtom Land Company Fax: 952.227.1190 Engineering gAengVmjectsUake harfiwntlrunk watertnzin bkgd 11-14-05.dm Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952 2271140 Fax: 952.227.1110 Park & Ne reallon Phone: 952.227.1120 Fax: 952.227.1110 Neveabon Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning 8 Naknal Nesmaces Phone: 952.227.1130 Fax: 952.227.1110 Putfic 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.d.chantassen.mn.us CkaNnassen is a Connenily for life - Providing for Today and Planning to( Tomorrow