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CAS-23_LAKESIDE MINOR PUD AMENDMENT& 0 0--2.3 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Sienna Corporation for an amendment to the Planned Unit Development Design Standards. On November 6, 2007, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Sienna Corporation for an amendment to the Planned Unit Development Design Standards to allow a 15 -foot setback between townhouses and adjust the wetland setback consistent with current wetland setback requirements. The Planning Commission conducted a public hearing on the proposed Planned Unit Development preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. ne property is currently zoned Planned Unit Development — Residential, PUD -R. 2. The property is guided in the Land Use Plan for Residential — High Density. 3. The legal description of the property is Lakeside, Carver County, M[innesota. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b. The proposed use is or will be compatible with the present and future land uses of the area. C. The proposed use conforms with all performance standards contained in the Zoning Ordinance with the granting of the variances outlined in the staff report. 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. SCANNEO f. Traffic generation by the proposed use is within capabilities of streets serving the property - 5. The planning report #07-23 dated November 6, 2007, prepared by Robert Generous, et al, is incorporated herein. RECONCIAENDATION ne Planning Commission recommends that the City Council approve the amendment to the Planned Unit Development Design Standard section c. to allow a 15 foot setback between townhouses and adjust the wetland setback consistent with current wetland setback requirements. ADOPTED by the Chanhassen Planning Commission this 6h day of November, 2007. CHANHASSEN PLANNING CONMSSION g:Nplan\2007 planning casesNO7-23 lakeside pud amendmentTinding I] 0 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NRNNESOTA ORDINANCE NO. 460 AN ORDINANCE ANIENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY ANIENDING A PLANNED UNrr DEVELOPNIENT THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by amending the Lakeside Planned Unit Development Design Standards Section c Setbacks, as follows: C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. #Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. *The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. Setback Standards Highway 212 50 feet East(Perimeter) Lot Line 50 feet -townhouses/twin homes; Building Height of the Condominium with a minimum of 30 feet Lyman Boulevard 50 feet/30 feet for beach lot West(Perimeter) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 15 feet Nfinimurn Driveway length (to back of curb, trail or sidewalk) 25 feet I Hard Surface Coverage 150 % * Wetland: Buffer and buffer setback 1 20 feet and 30 feet Lake Riley 175 feet #Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. *The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 2601 day of November, 2007. ATTEST: OAF TQ4dGerhardt, Clerk/Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on December 6, 2007) 0 is 2 6 -7 - City Council Meeting - November 26,2007 Councilman Litsey moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated November 13, 2007 -City Council Verbatim and Summary Minutes dated November 13, 2007 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated November 6, 2007 b. Resolution #2007-71: Stonefield Project 06-07: Approve Street and Utility Improvements. C. Approve Master Contract with Barr Engineering Company for Consulting Services, PWO09B. d. Approve Nominations for 2007 Environmental Excellence Awards. Resolution #2007-72: Approval of Resolution for Advancement of State Aid Funds for Lyman Boulevard Improvement Project 06-03. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 1(e). LAKESIDE DEVELOPMENT, NORTHWEST CORNER OF LYMAN BOULEVARD AND LAKEVIEW ROAD EAST, APPLICANT: SIENNA CORPORATION: APPROVAL OF MINOR PUD AMENDMENT TO ADJUST 04TERNAL SERBACK REQUIREMENTS FROM 20 FEET TO 15 FEET AND ADJUST THE WETLAND SETBACK CONSISTENT WITH CURRENT WETLAND SETBACK REOUIREMENTS. Mayor Furlong: At this point then is there a motion to adopt item I(e). Councilman Litsey: So moved. Mayor Furlong: Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Any discussion on the motion? Councilman Litsey moved, Councilwoman Ernst seconded to approve the Minor PUD amendment to adjust internal setback requirements from 20 feet to 15 feet and adjust the wetland setback consistent with current wetland setback requirements for Lakeside Development at the northwest corner of Lyman Boulevard and Lakeview Road East, SCANNF.0 2 City Counci I Meeting - November 26, 2007 applicant, Sienna Corporation. Ali voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS: Debbie Lloyd: Good evening. Happy Thanksgiving to everybody. That was a slain dunk. That hasn't happened before but that's alright because I didn't have time to hang around tonight anyway. Mayor Furlong: I'm sorry, what are you? Debbie Lloyd: My visitor presentation. I just had some questions for you. Mayor Furlong: Okay. Debbie Lloyd: Were you aware that if Eden Prairie didn't approve grading on the Eden Prairie side of Lakeside, that the final plat wouldn't fit as proposed? Do you know if Eden Prairie approved the grading? Were you aware that a condition of approval for the Lakeside final plat was to meet the wetland setback ordinance? Were you aware that the new wetland setback ordinance that you approved was the only nay vote being from Councilman Litsey were lower standards for that particular wetland? Did you ever see a list of wetlands when reviewing the ordinance changes? Do other land owners know how the changes affected them? Did you sent out notification to all landowners with wetlands and advise them about the changes? Are you aware that these lower standards, along with the amendment, which you just approved, the change in the building side yard setback, were needed to make the Lakeside development meet the wetland setback? Ironic don't you think that we need to lower standards and ease up on the superior design of a PUD in order for the original condition of approval to be met. Mayor Furlong: Anyone else from a visitor presentation standpoint? Okay. We'll move on then. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Sgt. Peter Anderley: Good evening Mayor, councilmen. You should have in your packet the numbers and stats for last month. If there's any questions I'd be happy to answer those. Couple of things that I want to remind the public about, one reminder is the winter parking is in effect from November I" to April 0. No vehicles can be parked on the street between 1:00 a.m. and 7:00 a.m. or during the day when we have 2 or more inches of snowfall and those streets have been plowed. Just to remind everybody again. So far it's been pretty good. We get a lot of cooperation and the guys out working the road are not running into a lot of problems with the on street parking. Second thing is Chanhassen has a number of lakes in the city. It's starting to get cold. We're starting to get some ice forming on there. Remind parents and everyone to you know watch their kids. Make sure they're being safe on the ice. You know you need at least probably, at least 4 inches before you even think about walking out there and every year you know it seems like we hear somebody falls through and we'd like to try to avoid that if we can. Second thing going along with the winter months, the driving. Remember when the roads start I.; A 3,1 Ap MY OF CHMSEN 7700 WrIket Bouleva 'd PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fak 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952,227,1120 Fax: 952.227.1110 RecTealion Center 2310 Coulter Boulevard Phone: 952.227,1400 Fax: 952.227.14D4 Planning & Natural Resources Phone: 952.227,1130 Fax: 952,227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952,227.1125 Fax: 952,227.1110 Web Site wwwoi.chanhassenmn.us C)-7 -Z3 November 28, 2007 Sienna Corporation Attn: John Vogelbacher 4940 Viking Drive, #608 Mimeapolis, MN 55435 Re: Lakeside PUD Amendment — Planning Case #07-23 Dear Mr. Vogelbacher: This letter is to confirm that on November 26, 2007, the Chanhassen City Council approved the amendment to the Planned Unit Development (PUD 06-26) development design standards section c. Setbacks, to read as follows: C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. #Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. *The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. SCANNED The City of Chanhassen -A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trai Is, and theautfu I parks. A great place to I ive, work,and play. Setback Standards Highway 212 50 feet East(Perimeter) Lot Line 50 feet -townhouses/twin homes; Building Height — Condominiums with a minimum of 30 feet Lyman Boulevard 50 feet/30 feet for beach lot West(Perimeter) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 15 feet Nfinimum Driveway length (to back of curb, trail or sidewalk) 25 feet Hard Sur -face Coverage 50 % Wetland: Buffer and buffer setback 20 feet and 30 feet Lake Riley 75 feet #Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. *The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. SCANNED The City of Chanhassen -A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trai Is, and theautfu I parks. A great place to I ive, work,and play. Mr. John Vogelbacher November 28, 2007 Page 2 Enclosed is a revised copy of the design standards for the Lakeside PUD. You should provide all builders within the development a copy of these standards. This amendment will be effective after its publication in the Chanhassen Villager on December 6, 2007. If you have any questions or need additional information, please contact me at (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. Sin I -e 4 1�e,�.. Robert Generous, AICP Senior Planner Enclosure cc: Kate Aanenson, Community Development Director Jerry Mohn, Building Official gAplan\2007 planning cas�\07-23 lakeside pad anaend�nt\approval leaff.doc Adopted July 24, 2006 DEVELOPMENT DESIGN STANDARDS Lakeside Development Standards a. Intent The purpose of this zone is to create a PUD for a Tilix housing type multi -family development. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted as listed below once a primary use has occupied the site. b. Permitted Uses The permitted uses in this zone shall be twin homes, townhouses, and three condominium buildings and their ancillary uses. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The type of uses to be provided on common areas shall be low -intensity neighborhood -oriented accessory structures to meet daily needs of residents. Such uses may include a bus shelter, community building, development signage, fountain, garden, gazebo, maintenance shed, picnic shelter, pool, playground equipment or tennis courts. C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard- Setback Standards Highway 212 50 feet East(Perimeter) Lot Line 50 feet -townhouses/twin homes; Building Height — Condominiums with a minimum of 30 feet Lyman Boulevard 50 feet/30 feet for beach lot West(Perimeter) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 15 feet Minimum Driveway length (to back of curb, trail or sidewalk) 25 feet Hard Surface Coverage 50 % * Wetland: Buffe and buffer setback 20 feet and 30 feet Lake Riley 75 feet # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard- The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. d. Budding Materials and Design 1. Townhouses, • Building height shall be limited to 35 feet. • Building exterior material shall be a combination of fiber -cement or vinyl siding or shake and brick or stone. • No two adjacent structures shall be of the same color scheme. • Colors used shall be varied across color tones. • All units shall utilize minimum timberline 30 -year asphalt shingles. • Each unit shall have a minimum of one overstory tree within its front landscape yard. • All mechanical equipment shall be screened with material compatible to the building, landscaping or decorative fencing. • Garage doors shall be decorative and have windows. 2. Community Clubhouse • Building height shall be limited to 35 feet. • Building exterior material shall be a combination of stone and stucco and fiber -cement. a Natural cedar shakes roofing. Condominium Building 9 Building height shall be limited to 48 feet. • Building exterior material shall be a combination of 80 percent or greater stone and brick. Accent and trim areas in fiber -cement lap siding and shake. • Roofing shall be a minimum timberline 30 -year asphalt shingles (pitched roofs). e. Signage Signage shall comply with city standards for Residential Districts. f. Landscaping Landscaping shall comply with the landscaping plan prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006. (0 -7 Z- -�) CRANHASSEN PLANNING COMMISSION REGULAR MEETING NOVEMBER 6,2007 Chairman McDonald called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Jerry McDonald, Kurt Papke, Kevin Dillon, Kathleen Thomas, Debbie Larson, Mark Undestad and Dan Keefe STAFF PRESENT: Kate Aanenson, Community Development Director; and Sharmeen A]- Jaff, Senior Planner PUBLIC PRESENT FOR ALL ITEMS: Debbie Lloyd Janet Paulsen 7302 Laredo Drive 7305 Laredo Drive PUBLIC HEARING: LAKESIDE: REOUEST FOR MINOR PUD AMENDMENT TO ADJUST INTERNAL SETBACK REQUIREMEENTS FROM 20 FEET TO 15 FEET AND ADJUST THE WETLAND SETBACK CONSISTENT WITH CURRENT WETLAND SETBACK REQUIREMIENTS. APPLICANT: SIENNA CORPORATION, PLANNING CASE 07-23. Public Present: — Name Address John Vogelbacher 4940 Viking Drive, #608, Edina Kate Aanenson presented the staff report on this item. McDonald: Kevin, you want to start? Dillon: So just so I'm clear then, from the edge of the building to the edge of the wetland now is? Aanenson: 50. Dillon: 50. Aanenson: Correct. And that's consistent with the new classification that we go to Manage 1, Manage 2. We used to have the Ag Preserve and Natural so this is consistent with the new wetland regulations. Dillon: Okay. And so then the 15 feet that's changing inbetween the building, I mean the city doesn't really care about that? SCANNED Planning Commission Meeting - November 6, 2007 1 Aanenson: No. We see that as a minor issue. They are 20 foot on the, the twin homes on the north side, those are all 15 feet inbetween. So they'll be more with 20. We could have shifted them all forward and maybe picked it up on this end but that building was already put in place because they did as part of the first phase so it wasn't you know, otherwise we could have probably kept that inbetween. But we certainly didn't want to give a variance to the wetland setback. We had talked about that originally and that was one ... didn't want to do that so since it was an internal amendment for the PUD, not a variance, we thought that was the best way to go. Dillon: Okay. McDonald: Kurt? Papke: I don't have anything. McDonald: I don't have any questions either. Is the applicant here? Or representative. Do you want to come up and address the commissioners? Is there anything you would like to add? John Vogelbacher: My name is John Vogelbacher. I'm the Project Manager. I'm with Sienna Corporation. I don't have really anything to add other than you know we had kind of a glitch in our planning and that's unfortunate but I think in terms of result here we're not significantly asking for any variances. It fits the project that we have in terms of building setbacks between buildings and certainly meets the current ordinance for the wetland setback as well so we're fortunate in that regard. Engineering staff and land planning so appreciate the opportunity to be in the community. We're very happy with our project. As all things go we'd like things to be a little bit better but it's been good so far so we're pleased with that. McDonald: Okay. Does anyone, commissioners have any questions? Thank you very much. Then at this point I would open up the podium for anyone wishing to make comment. To come forward and as I said, please address the commissioners. State your name and address. Deb Lloyd: Good evening. Deb Lloyd, 7302 Laredo Drive. I spoke up about this development before and there are some items here I'd like to add for your consideration this evening. This development, as you are aware, the final plat went to the city on October 23, 2006. 1 don't know if any of you have taken the time to read what went to the city then for approval, but I'm going to read a little excerpt on it today. This development is gorgeous. You know there's no doubt about that. It's going to be a beautiful addition to our city, but we did grant variances already for this development. For the height of the structure and also there are people that live outside of what we call the normal boundaries to use the beachlot. We granted that to them as well. I don't quite understand what an amendment is. I look at it as another variance to allow something that wasn't originally approved. To get approved for this. Condition number 4 on the final plat, a minimum buffer of 16.5 to 20 feet shall be preserved around the perimeter of the wetland. All structure, including parking lot, shall maintain a 40 foot setback from the wetland buffer. The plans shall be revised to reflect the required wetland buffer and wetland buffer setback. It was a condition... 2 M Planning Commission Meeting - November 6, 2007 McDonald: Excuse me Deb, could I interrupt you for a second because I'm not sure what the relevance is and Kate, could you, I mean I understand the final plat went forward but if all this is we're looking at adopting what is currently the setback requirements, how is the final plat that went before the City Council relevant to any of this? Aanenson: I believe the point that is trying to be made is that, because it was given relief before, that maybe some additional relief shouldn't be given in the future, but. Deb Lloyd: The point is the point I'm trying to make is that it was stated in here that it was a condition that they have, that they apply that setback. And they didn't do it. It was a condition of approval. In the staff report for this evening on page 2, towards the second to last paragraph reads, the developer did not review the implications of the townhouse separation requirement relative to the wetland setback. I mean this is a national builder. I think you have to have some responsibility here as a builder. I mean 1, Sienna Corporation's been around since 1977. They're in Minneapolis, Palm Springs, Lake Havasu. They have developments everywhere. Oversight, whatever. Where's the responsibility? So now it says we have to create essentially another variance to allow this to occur. In my opinion you go over the variance findings. Another interesting fact. The wetland buffer before was 16.5. Now it's 20. The buffer setback was 40 before. This is on your report. Now it's 30. So the setback was 56.5 in total before. Now it's less. It's 50. So it's not only the fact that they're meeting the new standards. The new standard is less. Additionally they're asking for a reduction in setbacks. The week that this was on the agenda before at planning there was another gentleman that was described as a, really Jerry described him as a really friendly kind of guy and he had built up, he had built a structure on the side of his garage to house a motorcycle. And some different points were brought up there. Dan brought up, do we end up with a potential issue with the fire being able to get to emergency vehicles if you change the setback there? Setbacks are there for a reason Jerry said. Mr. Thomas said, I can totally understand setbacks. If we grant them like this it creates a slippery slope. I'm sorry, Kathleen. Sorry. But setbacks are there for a reason. We have setbacks to ensure there's open space and adequate light and air. Setbacks promote fire safety by spacing buildings. And the other impact of this parcel is shoreland. So you're putting the buildings tighter together. Once they let, that has never been actually done even on a final plat with the actual impervious surface of this development. There's emails between the Paulsen's and City Council and Kate and Todd that the impervious surface went from like 41.5, growing, growing, growing. Yeah it may be under the 50% but do we really know what it is? And you're moving these buildings together and tighter together. Do we know the effect of the runoff.? I mean Ijust think that this decision rests with the City Council. This is a political decision, in my opinion. If you go to what your variance findings should be� you have to assure that, that you're really needing them. The condition. The purpose is not based upon a desire to increase the value or the income potential of the property. The alleged difficulty or hardship is not a self created hardship. It is self created. Someone didn't do theirjob or someone thought oh we'll get this through. I mean we already lowered the standards of the wetland setbacks. We already gave them that amount of footage and now if you guys rubber stamp this, anyway thank you for listening. McDonald: Okay, thank you. Aanenson: Can I respond or comment or? 3 Planning Commission Meeting - November 6, 2007 McDonald: Yeah, if you wouldn't mind. Aanenson: Sure. A variance, a PUD is, there is no internal setback. That's something that we established. So it is a different criteria for a variance as opposed to a side yard setback on a residential district that has a standard that's not part of the PUD. That's standard. If you wanted to say that they had to stay within that extra 5 1/2 feet, could you make all of the buildings inbetween 15 feet? You can make that. I mean it's 15 across the street on the other side. That continue the setback. And really the council was actually looking at going less on the, when they were discussing the setback buffer, the staff felt strongly about keeping the buffer requirements so we're talking about the 5 1/2 foot differential on that. And to go back and look at the original variances, you have to put it in context of when we were discussing the merits of this project as opposed to that it was already zoned residential high density. There was a lot of things that could have gone in there. It was the desire, because it already had the entitlement on it, which meant that they could come forward and advance the project. The city's goal was to get highly, higher architecture and to do a PUD. They did not want to do a PUD. We suggested the PUD in order to get the higher architecture. Instead of just a standard project which didn't need that requirement, so we suggested the PUD. We also wanted to mix the product type in there. Not to have all of one type, so in order to do the condominium projects that we don't have anything in that market price point right now, there was a variance given to the height of those buildings. That was the only variance. As a matter of fact if it would have gone in under the existing standards, those buildings would be closer to all property lines because that underlying ordinance allowed much closer setbacks. This PUD requires greater buffers around the perimeter of the property line, so there's benefits we believe in doing the PUD and that's what was discussed at the time that the PUD so those variances were given for the height. I'm not sure about the dock. That dock is for the association members themselves. I'm not aware of anybody that this opened up to except for association members. So with that we still feel that the best way to handle this is an amendment which has a different criteria than the variance. McDonald: Okay, because as I understand you're not asking us to vote on a variance. You made that very clear up front so you're presenting an amendment to the PUD. Aanenson: Correct. Keefe: What is the difference between an amendment to the PUD and a variance? Aanenson: Sure. The PUD is the design standards you put in place. And at that time they were negotiated. There is no requirement between the buildings there so we at that time it was felt 20 foot seemed like appropriate. That's what they wanted and as it moved forward we put on the condition, the welland buffer setback had been put in place, and then with the retaining walls and the like, recognized that it probably wouldn't work after we had the first building. Had that not been done, they would have all slipped forward as I mentioned. Keefe: There's a variance for setback between buildings because it's a PUD right? Aanenson: Right. 4 Planning Commission Meeting - November 6, 2007 Keefe: Okay. So that's allowed to have that smaller distance than we would require in another zoning? Aanenson: Correct. Keefe: Okay. But it does say there's a variance for the wetland setback which was denied, but then this is coming back really as an amendment to the setback... Aanenson: Right, right. Right, so again what I'm saying is if you felt uncomfortable doing that, right. Then you could make all the buildings, the 5 foot inbetween. Then you could make that. So right now we're just suggesting the 2. Keefe: In terms of the hard surface coverage, I mean this change wouldn't result in any incremental would it necessarily? Aanenson: I don't believe so. I can check. I'll verify that. Keefe: ... they're not adding anything right? Aanenson: No. Keefe: They're just closer together. Aanenson: Correct. But I could verify that for City Council. Thepercentage. Dillon: So is the 50 foot setback from the edge of the wetland, is that applied to all projects of this genre? Aanenson: All of them, it depends upon the classification of the wetland. This one is classified as a Manage 2 which has a 20 foot buffer requirement and a 30 foot setback from that. Dillon: So there's nothing special being given or. Aanenson: No. I guess the argument that was being made is when it came in it was under a different, it had a different zoning. We've changed the setback requirement from the wetland. That's the point of contention. Keefe: And that's where the variance really comes into play because the variance was related to that setback requirement, right? Aanenson: Except you can make the same argument between the buildings. Correct. McDonald: Does anyone else have any questions or need clarification? Planning Commission Meeting - November 6, 2007 Larson: Just one thing. Kate, just towards the ... could they put the buildings I foot apart if they wanted to within this district? Aanenson: You'd have to give the amendment, correct. Correct. Larson: But they could. Aanenson: They could. Right. Larson: Gotch ya. McDonald: Does anyone else wish to come up and make comment. Mary Borenson: I'm Mary Borenson. I'm here to support and agree with some of the things that were presented by Deborah Lloyd regarding the impervious surfaces and modified setbacks. And I have this copy from the DNR web site, which is not a very good copy but it shows that, it shows the 12 lakes in the Riley -Purgatory -Bluff Creek watershed district. I live on Frontier Trail but I'm a member of the advisory committee for the Watershed District and it shows color coded that the light, that the yellow lakes are 1.5 to 3 feet of clarity and they're all on the impaired list so that includes Lake Riley, Mitchell, Lotus Lake, Red Rock, and Lucy. And it shows only 2 lakes in the watershed district are worst and those would be Rice Lake Marsh, which reafly is a marsh, and Lake Susan. It shows a couple of lakes that are better in clarity but the 1.5 to 3 feet of clarity puts it on the Minnesota 303 impaired list so the City is trying to make, is mandated to make efforts to improve the water quality on that lake and do projects towards making it better. And at this time Lake Riley is considered a recreational lake to support swimming and fishing and according to these statistics it's marginally supporting swimming and it's possibly impaired. And given this data any increase in phosphorous contribution could degrade or impair support for swimming and any increase in phosphorous could further impede phosphorous reductions needed to address downstream impairments in Riley Creek. So Riley Lake flows into Riley Creek which is also on the same list. Storm water runoff is one of the most significant sources of water pollution in the nation. At times it's comparable to if not greater than contamination from industrial and sewage sources. Dillon: Time out. What are we, are we getting off track here a little bit? Mary Borenson: And maybe we are. My concern is for the lake itself and effects of the impervious surface and changing the setbacks and... Dillon: We just heard that the impervious surface isn't going to change. Or we'll verify that. Mary Borenson: So the phosphorous and the runoff would, with the buildings being closer to the lake will lead to more runoff. Aanenson: They're not moving closer to the lake. We're moving 2 buildings closer to each other. And actually this project puts storm water in there that wasn't being treated before. Previously it was running right into the lake. This is the ... that was approved. The ... are over 4 A Planning Commission Meeting - November 6, 2007 here. This is the condominium building that hasn't been built yet. So these are the two projects that are moving closer to each other. 5 feet closer to each other. So if you look at these, itd be these buildings right here moving closer to each other. So nothing's moving closer to the lake. Papke: And those drain to the drainage pond? Aanenson: They're all being pre-treated which wasn't happening under the previous project, which again is one of the benefits when we looked at advancing this project, that it would clean up an area that wasn't being treated before... McDonald: Okay, before you go on. I'm getting very confused about all of this and I guess the problem is, this seems to be, it was a pretty straight forward, simple thing coming in. This development had a lot of controversy when it came up. This is being used as an opportunity to re -open basically old wounds, then I'm not going to allow anyone else to come up forward and speak about this. If you can't get to why this amendment should not be passed, then the rest of it is beyond our capability. This development has already been approved. It is already being built. The project is going forward. We have discussed the issue about water quality. The whole thing about wetlands. There was a big discussion about that. That is in place. The developer has to meet those standards. I don't see anything in here that's saying we're going to be changing those standards. I don't see where that's up for issue at this so unless we can get back to issues that deal with this amendment, I'm not sure what everybody's talking about and I think the commissioners would share that feeling that we're talking about things that are beyond the scope of anything that we can do with this amendment. So if there's not a point to this that leads back to this, I would ask that you sit down. Mary Borenson: Thank you for your time. McDonald: Okay, thank you. Does anyone else wish to come forward and to address the issue of this amendment and of basically just moving these buildings closer together so that it meets the overall goals of what the city wants? Okay, at that point the public meeting is closed and I would bring it back up for the commissioners for discussion and we would start with Mark. Undestad: No. It's pretty straight forward to me. I mean we're not changing anything. Just by the PUD, by creating the PUD that's where we correct, create all the issues we want to take care of with the developer. That's why we created the PUD so, all that's been handled here. I don't see an issue with this. Larson: I agree. You know they're just shuffling things around within the PUD. It doesn't affect anything else that's been approved. I don't see any problem with it. McDonald: Kathy. Thomas: Ditto. Keefe: I'm a little bit troubled just in regards to the, now whether it's you know an amendment to the PUD or whether we need to look at it in terms of it's an amendment to a variance. ...sort of Planning Commission Meeting - November 6, 2007 crystal clear on that. It isn't really clear in my mind. I guess regards to the issues, setbacks between buildings, I think we need to think about all, you know and it probably isn't in context with this, but to think about you know for arguing you know about setbacks between residential houses and we're allowing this, to get this narrow between buildings. I think we may have a potential consistency issue there. The runoff, I don't see any issue with the runoff because I don't believe that it's, we're not adding additional hardscape. I don't believe. I think it's a net zero in regards to the hardscape issue. I guess I'm kind of on the fence. I haven't resolved it in my mind in regards to whether this amendment, I mean it doesn't, it seems like a pretty innocuous amendment but that's my comment. McDonald: Kevin. Dillon: I think that the internal setbacks of 15 feet, I mean that is the issue for the developer. You know it might have the effect of making the property a little bit less marketable just because it's not as spacious but that's you know their issue. I hear what Dan's saying but I mean it's, nothing is different than between two adjacent properties that are owned by different people. Different families or whatever and so I am as well, you know keeping the 50 feet from the edge of the wetland, I think that's fine. I want to thank the commissioner for bringing us back on task here for this one too. McDonald: Okay. I would just re-emphasize everything that you had said at this point. You know I think I've already said I'm not seeing what the issue really is. The PUD has been settled. At that point they have agreed to certain standards. What they do internal, I don't see where it's covered by anything that we've got so I guess I just don't see this as being a big issue. If anyone wishes to make a recommendation. Papke: Mr. Chair, I make a motion that the Chanhassen Planning Commission recommends the City Council approve the amendment to the Planned Unit Development, PUD 06-26, development design standards section c. Setbacks to read as stated in the staff report. McDonald: Second? Larson: Second. Papke moved, Larson seconded that the Chanhassen Planning Commission recommends that the City Council approve the amendment to the Planned Unit Development (PUD 06- 26) development design standards, section c. Setbacks, to read as follows: C. Setbacks The PUD ordinance requires setbacks from roadways and exterior properly lines. The following table displays those setbacks. Setback Standards Highway 212 50 feet East(Perimeter) Lot Line 50 feet -townhouses/twin Planning Commission Meeting - November 6, 2007 # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. All voted in favor, except Keefe who opposed, and the motion carried with a vote of 6 to 1. PUBLIC HEARING: T -MOBILE: REOUEST FOR CONDITIONAL USE PERMIT AND SITE PLAN REVIEW AMENDMENTS TO ALLOW A 145 FOOT TELECOMMUNICATION TOWER WITH A 4 -FOOT LIGHTNING ROD AND A 6 FOOT PRIVACY FENCE, LOCATED WEST OF GREAT PLAINS BOULEVARD, NORTH OF CREEKWOOD DRIVE, SOUTH OF HALLA NURSERY, AND EAST OF BLUFF CREEK GOLF COURSE (OUTLOT A. HALLA MARYANNE ADDITION). APPLICANT: T -MOBILE USA, PLANNING CASE 07-04. Public Present: Name Address Steve Edwards John Landwehr Wendy Biorn Jim Sabinske Gary Anderson Walter G. & Chrisann Arndt 501 50'b Street West 22016 East Bethel Boulevard 555 West Is'Street, Waconia 775 Creckwood 725 Creekwood 10151 Great Plains Sharmeen Al-Jaff presented the staff report on this item. McDonald: Mark. Undestad: Yeah, just to help me out here but this all was approved and council went through the whole thing. Setback Standards homes; Building Height — Condominiums with a minimum of 30 feet Lyman Boulevard 50 feet/30 feet for beach lot West(Perimeter) Lot line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 15 feet Minimum Driveway length (to back of curb, trail or sidewalk) 25 feet Hard Surface Coverage 50 % * Wetland: Buffer and buffer setback 20 feet and 30 feet Lake Riley 75 feet # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. All voted in favor, except Keefe who opposed, and the motion carried with a vote of 6 to 1. PUBLIC HEARING: T -MOBILE: REOUEST FOR CONDITIONAL USE PERMIT AND SITE PLAN REVIEW AMENDMENTS TO ALLOW A 145 FOOT TELECOMMUNICATION TOWER WITH A 4 -FOOT LIGHTNING ROD AND A 6 FOOT PRIVACY FENCE, LOCATED WEST OF GREAT PLAINS BOULEVARD, NORTH OF CREEKWOOD DRIVE, SOUTH OF HALLA NURSERY, AND EAST OF BLUFF CREEK GOLF COURSE (OUTLOT A. HALLA MARYANNE ADDITION). APPLICANT: T -MOBILE USA, PLANNING CASE 07-04. Public Present: Name Address Steve Edwards John Landwehr Wendy Biorn Jim Sabinske Gary Anderson Walter G. & Chrisann Arndt 501 50'b Street West 22016 East Bethel Boulevard 555 West Is'Street, Waconia 775 Creckwood 725 Creekwood 10151 Great Plains Sharmeen Al-Jaff presented the staff report on this item. McDonald: Mark. Undestad: Yeah, just to help me out here but this all was approved and council went through the whole thing. W11 Administration MEMORANDUM Phone: 952.227.1100 TO: Todd Gerhardt, City Manager CffyOF FROM: Bob Generous, Senior Planner CENSEN for Lakeside Planned Unit Development to allow a 15 -foot, rather than a 20 -foot Fax: 952.227.1190 separation between the townhouse units and to adjust the wetland setback DATE: November 26, 2007 7700 Market Boulevard units are being proposed, nor will the change substantially alter the approved site Fax: 952.227.1170 PO Box 147 SUBJ: Lakeside PUD Amendment, Planning Case #07-23 Chanhassen, MN 55317 ACTION REQUIRED Fax: 952 2271110 Administration Phone: 952.227.1100 EXECUTIVE SUAIMARY Fax: 952.227.1110 Building Inspection The applicant is requesting an amendment to the Development Design Standards Phone: 952.227.1180 for Lakeside Planned Unit Development to allow a 15 -foot, rather than a 20 -foot Fax: 952.227.1190 separation between the townhouse units and to adjust the wetland setback Engineering consistent with current wetland setback requirements. No additional dwelling Phone: 952.227] 160 units are being proposed, nor will the change substantially alter the approved site Fax: 952.227.1170 plan. Finance Phone: 952.2271140 ACTION REQUIRED Fax: 952 2271110 Park & Recreation City Council approval requires a majority of City Council present. Phone: 952.227,1120 Fax: 952.227.1110 PLANNING COMM[ISSION SUMMARY Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 The Planning Commission held a public hearing on November 6, 2007. The Fax: 952.227.1404 Planning Commission voted six for and one against a motion recommending approval of the PUD design standard amendment. Planning & Natural Resources Phone: 952.227.1130 Commissioner Keefe, in his vote against the amendment, raised two issues. Staff is Fax: 952.2271110 responding in an issues/response fortnat. Public Works 1591 Park Road Issue: Phone: 952.227,1300 Fax: 952.227.1310 Hard surface coverage Senior Center Phone: 952,227,1125 We still don't know whether the 50% hard surface coverage requirement allowed Fax: 952.227.1110 under the PUD will be met for this development. I don't suspect the amendment Web Site (variance) will affect the outcome of this question. But it is important to limit the www.ci chanhassen.mn.us development to this standard, prior to the completion of the project. A lot of latitude has been given to this developer in the form of relaxation of zoning standards. I am concerned general market and economic pressures on this particular developer may cause them to cut corners on this development. The City may not get the level of design it sought in exchange for relaxation of The City of Chanhassen * A growing community with clean lakes, quality schools, a chaff ning downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Todd Gerhardt November 26, 2007 Page 2 standards. It may also not get any condo building as financing for these types of projects is virtually non-existent. This should be monitored closely. It doesn't appear that monitoring is happening as we still don't yet know whether the plans meet the 50% hard surface coverage requirement, and construction is well underway. Response: Is the development exceeding the impervious surface coverage? Maximum site coverage is 50 percent over the entire development. Following is the breakdown of site coverage for Lakeside: Total Site Area 26.29 acres Right -of -Way 1.74 acres Net Development Area 24.55 acres Impervious Surfaces: Drives and Sidewalks 4.09 acres Twin Units 2.58 acres Townhouse Units 1.84 acres Condominiums 2.37 acres Pool Building 0.15 acres Total Impervious Surface 11.03 acres Site Coverage is calculated by dividing the total impervious surface by the net development area (11.03/24.55 = 45 percent). The 45 percent site coverage is less than the 50 percent coverage permitted by the PUD. Issue: Variance or Amendment The change in the PUD was brought forth as an amendment to the PUD. It should have been brought forth as a variance to the wetland buffer and buffer setback. The difference is subtle; however, variances require meeting hardship requirements. I don't believe hardship requirements would be met with this request. And we wouldn't know unless the case is brought forth correctly. Side setbacks The amendment (variance) has the affect of narrowing the space between buildings. Although the 15 -foot separation is the same as townhomes in the same development, I am concerned we have a consistency issue for building spacing as compared to other zoning classifications. I Todd Gerhardt November 26, 2007 Page 3 understand in PUDs we make offsets in exchange for higher design standards. It is still a concern and deserves attention. Response: The setback to the wetlands simply reiterated the wetland setback of City Code in place at the time of initial project approval. The proposed amendment is consistent with the City Code, which was amended. If we deleted the wetland setback standard included in the PUD and required compliance with the wetland standards in the City Code, we would be following these new wetland standards. Section 20-508 of the PLJD standards in City Code only address setback requirements from the perimeter of the project to structures within the project and from public streets. Other setbacks are established by the PUD agreement. Interior setbacks are not addressed, but are developed in conjunction with the individual development plans. Usually within a PUD, interior lot line setbacks are zero. In this instance, the setback is established between buildings, not to the lot line. The setbacks between structures are generafly a function of building and fire codes. Building and fire codes address the required fire separation between structures and between a structure and the property line. With greater fire rating and protection, the structures may be closer to the property line or to other structures. The Lakeside PLJD standard currently has a 15 -foot separation requirement for the twin homes. Approval of the revision would make the required separation between the attached units (twin and townhouses) the same throughout the development. The setback to the wetlands simply reiterated the wetland setback of City Code in place at the time of initial project approval. The proposed amendment is consistent with the City Code, which was amended. If we deleted the wetland setback standard included in the PLTD and required compliance with the wetland standards in the City Code, we would be following these new wetland standards. In both instances, these are changes in the standards, rather than requesting a variance from the standard. Therefore, an amendment to the PUD is appropriate. RECOMMENDATION Staff recommends adoption of the motion as specified on page 8 in the staff report dated November 6, 2007 approving the amendment to the PUD standards for Lakeside. ATTACHMENTS 1. Reduction of the Cover Sheet for Lakeside at Bearpath. 2. Ordinance Amending the PUD Design Standards. 3. Planning Commission Staff Report dated November 6, 2007. 9:\Plan\2007 pLuning �\07-23 lak�ide pud mend=nt\ex=five summmyAm H -It- to gal 6 .4 mp Ogg" CL I V 2 Ul r I -3�, k-'\ CL w -VO gom CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN ClTY CODE, THE C]TY'S ZONING ORDINANCE, BY AMENDING A PLANNED UNIT DEVELOPMENT THE C]TY COUNCIL OF TTIE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by amending the Lakeside Planned Unit Development Design Standards Section c Setbacks, as follows: C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. #Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. *The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. 2007. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOVI'ED by the Chanhassen City Council this 260'day of November, 1 Setback Standards Highway 212 50 feet East(Perimeter) Lot Line 50 feet -townhouses/twin homes; Building Height of the Condominiums with a minimum of 30 feet Lyman Boulevard 50 feet/30 feet for beach lot West(Perimeter) Lot line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 15 feet Minimum Driveway length (to back of curb, trail or sidewalk) 25 feet Hard Surface Coverage Wetland: Buffer and buffer setback 20 feet and 30 feet Lake Riley 75 feet #Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. *The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. 2007. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOVI'ED by the Chanhassen City Council this 260'day of November, 1 Todd Gerhardt, Clerk/Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 2007) STAFF REPORT PROPOSAL: Request for Minor PUD Amendment to Aust internal setback requirements from 20 feet to 15 feet and adjust the wetland setback consistent with current wetland setback requirements. LOCATION: Northwest comer of Lyman Boulevard and Lakeview Road East APPLICANT: Sienna Corporation Attn: John Vogelbacker 4940 Viking Drive, #608 Minneapolis, MN 55435 (952) 994-2646 jvogelbacher@siennacorp.com PRESENT ZONING: Planned Unit Development — Residential (PUD -R) 2020 LAND USE PLAN: Residential — High Density ACREAGE: 26.3 acres DENSITY: Not Applicable SUMMARY OF REQUEST: The developer is proposing an amendment to the Development Design Standards to allow a 15 -foot side yard setback between the townhouse units within die project. LEVEL OF CITY DISCRETION IN DECISION-MAIUNG: The City has a relatively high level of discretion in approving amendments to PUD's because the City is acting in its legislative or policy making capacity. A PUD amendment must be consistent with the City's Comprehensive Plan. se"t" Lakeside PUD Amendment Planning Case 2007-23 November 6, 2007 Page 2 of 8 PROPOSAIUSUMMARY The applicant is requesting an amendment to the Development Design Standards for Lakeside to allow a 15 -foot, rather than a 20 -foot separation between the townhouse units and adjust the wetland setback consistent with current wedand setback requirements. No additional dwelling units are being proposed, nor will the change substantially alter the approved site plan. The net result is shown in the preliminary site plan for Lakeside below. 9.1�9 C 4 1 3 -5 X J Y The proposed amendment which would permit the development as originally proposed and which was found consistent with the City of Chanhassen Comprehensive Plan, is, therefore, consistent with the Comprehensive Plan. Throughout the development review approval process, the concentration of the developer was on the issue related to the impacts of the development on the eastern side of the project, adjacent to Bearpath golf course. Originally, the developer had requested a variance to permit a 30 -foot setback for the twin homes to the eastern project boundary. However, this variance was denied. The developer did not review the implications of the townhouse separation requirement relative to the wetland setback. By amending the setback between townhouses, the developer will be able to comply with the required wetland setback. A revised grading plan depicting the 15 -foot setback must be submitted. Staff does not anticipate any grading or drainage issues associated with the setback modification. Lakeside PUD Amendment Planning Case 2007-23 November 6, 2007 Page 3 of 8 There are no public utilities between these buildings. The developer is responsible for ensuring that any private utility between the building pads affected by the reduced setback are relocated accordingly - There are no apparent building code issues with this proposed PUD amendment. It should be noted, however, that building walls within five (5) feet of a property line must be of one-hour fire -resistive construction. The development already has this setback standard for the twin homes within Lakeside. Staff is recommending approval of the amendment to the Lakeside Development Design Standards. APPLICABLE REGUATIONS Chapter 20, Article 2, Division 2, Amendments Lakeside Design Standards BACKGROUND On August 13, 2007, the Chanhassen City Council approved the Final Plat for Lakeside Third Addition creating five outlots. Two outlots will be further developed (C and E), which must be submitted for final platting with lots and blocks prior to development. The remaining outlots (A, B and D) will be common open space. On January 8, 2007, the Chanhassen City Council approved the Final Plat for Lakeside Second Addition creating 39 lots and 3 outlots. The second phase of Lakeside consisted of 41 lots and I outlot. Seven of the lots were for Wooddale Builders, 32 of the lots were for Charles Cudd Company, 2 lots were for common open space and Outlot A was for future platting for building sites. On October 23, 2006, die Chanhassen City Council approved the Final Plat for Lakeside. The final plat approval for the first phase of Lakeside consisted of 18 lots, 10 outlots and right-of- way for public streets. The first phase of the development included the community building and storm water pond, I I lots for townhouses on the west side of the development (Wooddale Builders, Inc.), 4 lots for twin homes on the east side of the development (Charles Cudd Company), Outlot A which will contain the private street and utilities for the project, and Outlots I and J, the recreational beach lot site. The balance of the outlots will be platted in the future for additional residential development. The developer performed all the subdivision improvements as part of the original plat. On July 24, 2006, the Chanhassen City Council approved the following: A. Rezoning of the property located within the Lakeside development, from High Density Residential District (R12) to Planned Unit Development - Residential (PUD -R) incorporating the development design standards contained within the staff report subject to the final plat approval for the Lakeside development. Lakeside PUD Amendment Planning Case 2007-23 November 6, 2007 Page 4 of 8 B. Preliminary Plat for Lakeside. C. Site Plan for 231 housing units and a community building with pool, with a Variance for building height for the condominium units consistent with the Building elevations prepared by Harriss Architects. D. Conditional Use Permit for a recreational beach lot with a Variance from the requirement that 80 percent of the units be within 1,000 feet of the recreational beach lot Throughout the development review process, the City provided the developer with wetland requirements. The following information was included in the staff report for the subdivision. WETLANDS The wetland delineation for the subject site showed two wetland basins on site. The applicant applied for wetland exemptions on December 22, 2005 for both Wetland Basins A in the southwest comer of the development and B in the northwest comer of the development. On January 10, 2006, the City of Chanhassen issued an exemption decision for Wetland Basin A, a 0.03 acre, Type 3 wetland basin on the Lakeview Hills site. An incidental wetland exemption was issued for Wetland Basin A because the basin was found to be a constructed basin to maintain the drainage through the culvert under the historical driveway to Lakeview Hills and previous farm field. City staff reviewed the as -built plans of record and determined that the structure near Wetland Basin B in the northwest comer of the development was an inlet and therefore was not contributing to the hydrology of the wetland. Review of the HIG photographs submitted and Farm Service Agency (FSA) photographs at the Carver Soil and Water Conservation District revealed that the wetland area existed prior to the construction of the apartment complex (1963 HIG Photo). The berm on the south side of the wetland allowed the City to rule out the possibility that storm water from the complex was being directed into Wetland Basin B. The berm on the north side of the wetland appears to have formed in the early 1970s with the excavation of part of Wetland Basin B to open water. In examining the photos, it appears the ditch to the north of the property stopped functioning between 1951 and 1957, about the time the wetland signatures in the photos become visible. Wetland Basin B has been in existence for more than 25 years and is therefore jurisdictional wetland that cannot be considered for incidental or drainage exemptions. City staff concluded that Wetland Basin B was not eligible for incidental or drainage exemptions. The application for an exemption for Weiland Basin B was denied on January 10, 2006. Wetland Basin B is a 0.75 acre, Type 3, ag/urban wetland in the northwest comer of the site. The wetland is dominated by sedges, reed canary grass, willow, red osier dogwood, and quaking aspen. The City, on May 14, 2007, amended the wedand protection ordinance to adopt revised standards for wetland classification and setback requirements. The welland classification for the wetland located in the northwest comer of the development is a Manage 2. A minimum buffer of Lakeside PUD Amendment Planning Case 2007-23 November 6, 2007 Page 5 of 8 20 feet should be preserved around the perimeter of the wetland. All structures (including parking lots) should maintain a 30 -foot setback from the wetland buffer. The plans have been revised to reflect the required wetland buffer and wetland buffer setback. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant should install wetland buffer edge signs before construction begins and must pay the City $20 per sign. A minimum buffer of 20 feet shall be preserved around the perimeter of the wetland. All structures (including parking lots) shall maintain a 30 -foot setback from the wetland buffer. All trails and retaining walls shall be modified to remain outside the wetland buffer. 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 before construction begins and shall pay the City $20 per sign. REZONING Changes to design standards are similar to an amendment to zoning district standards, since the PLJD is the zoning of the property. DEVELOPMENT DESIGN STANDARDS Lakeside Development Standards a. Intent The purpose of this zone is to create a PUD for a mix housing type multi -family development. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted as listed below once a primary use has occupied the site. b. Permitted Uses The permitted uses in this zone shall be twin homes, townhouses, and three condominium buildings and their ancillary uses. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The type of uses to be provided on common areas shall be low -intensity neighborhood -oriented accessory structures to meet daily needs of residents. Such uses may include a bus shelter, community building, development signage, fountain, garden, gazebo, maintenance shed, picnic shelter, pool, playground equipment or tennis courts. Lakeside PUD Amendment Planning Case 2007-23 November 6, 2007 Page 6 of 8 C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required Yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. d. Building Materials and Design 1. Townhouses • Building height shall be limited to 3 5 feet. • Building exterior material shall be a combination of fiber -cement or vinyl siding or shake and brick or stone. • No two adjacent structures shall be of the same color scheme. • Colors used shall be varied across color tones. • All units shall utilize minimum timberline 30 -year asphalt shingles. • Each unit shall have a minimum of one overstory tree within its front landscape yard- • All mechanical equipment shall be screened with material compatible to the building, landscaping or decorative fencing. • Garage doors shall be decorative and have windows. 2. Community Clubhouse • Building height shall be limited to 35 feet. • Building exterior material shall be a combination of stone and stucco and fiber - cement. Setback Standards Highway 212 50 feet East(Perimeter) Lot Line 50 feet -townhouses/twin homes; Building Height — Condominiums with a minimum of 30 feet Lyman Boulevard 50 feet/30 feet for beach lot West(Perimetcr) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 20 feet Minimum Driveway length (to back of curb, trail or sidewalk) 25 feet Hard Surface Coverage 150%* Wetland: Buffer and buffer setback 16.5 feet and 40 feet Lake Riley 75 feet # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required Yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. d. Building Materials and Design 1. Townhouses • Building height shall be limited to 3 5 feet. • Building exterior material shall be a combination of fiber -cement or vinyl siding or shake and brick or stone. • No two adjacent structures shall be of the same color scheme. • Colors used shall be varied across color tones. • All units shall utilize minimum timberline 30 -year asphalt shingles. • Each unit shall have a minimum of one overstory tree within its front landscape yard- • All mechanical equipment shall be screened with material compatible to the building, landscaping or decorative fencing. • Garage doors shall be decorative and have windows. 2. Community Clubhouse • Building height shall be limited to 35 feet. • Building exterior material shall be a combination of stone and stucco and fiber - cement. Lakeside PUD Amendment Planning Case 2007-23 November 6, 2007 Page 7 of 8 * Natural cedar shakes roofing. 3. Condominium Building • Building height shall be limited to 48 feet. • Building exterior material shall be a combination of 80 percent or greater stone and brick. Accent and trim areas in fiber -cement lap siding and shake. • Roofing shall be a minimum timberline 30 -year asphalt shingles (pitched roofs). e. Signage Signage shall comply with city standards for Residential Districts. f. Landscaping Landscaping shall comply with the landscaping plan prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006. AMENDMENT Highlighted below (changes arc shown in bold and strikethrough format) is the proposed change to the development design standard. C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. Setback Standards Highway 212 50 feet East(Perimeter) Lot Line 50 feet -townhouses/twin homes; Building Height — Condominiums with a minimum of 30 feet Lyman Boulevard 50 feet/30 feet for beach lot West (Perimeter) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings N 15 feet Minimum Driveway length (to back of curb, trail or sidewalk) 25 feet Hard Surface Coverage 50 % * Wetland: Buffer and buffer setback 4" 20 feet Lake Riley 75 feet # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. Lakeside PUD Amendment Planning Case 2007-23 November 6, 2007 Page 8 of 8 RECOMMENDATION Staff and the Planning Commission recommendq that " City Council Piwifii%g Gqmmis-- - adopt the following motion, adopt the attached findings of fact and recommendation and require that a revised grading plan depicting the 15 -foot setback be submitted: "The Chanhassen Piw%i%g Glimmissilivi faeswAmnils " City Council approves the amendment to the Planned Unit Development (PUD 06-26) development design standards section c. Setbacks, to read as follows: C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application 3. Reduced Copy Preliminary Site Plan 4. Reduced Copy Proposed Lakeside Fourth Addition Plat Exhibit 5. Hearing Affidavit, Public Hearing Notice and Mailing List g:\plan\2007 planning cas�\07-23 lakmide pud �ndmCnAstaff mport lakeside pud anxndrnent.dm Setback Standards Highway 212 50 feet East(Perimeter) Lot Line 50 feet -townhouses/twin homes; Building Height — Condominiums with a minimum of 30 feet Lyman Boulevard 50 feet/30 feet for beach lot West(Perimeter) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 15 feet Minimum Driveway length (to back of curb, trail or sidewalk) 25 feet Hard Surface Coverage 150 % * Wet] and: Buffer and buffer setback 20 feet and 30 feet Lake Riley 75 feet # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application 3. Reduced Copy Preliminary Site Plan 4. Reduced Copy Proposed Lakeside Fourth Addition Plat Exhibit 5. Hearing Affidavit, Public Hearing Notice and Mailing List g:\plan\2007 planning cas�\07-23 lakmide pud �ndmCnAstaff mport lakeside pud anxndrnent.dm CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Sienna Corporation for an amendment to the Planned Unit Development Design Standards. OnNovember 6, 2007, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Sienna Corporation for an amendment to the Planned Unit Development Design Standards to allow a 15 -foot setback between townhouses and adjust the wetland setback consistent with current wetland setback requirements. The Planning Commission conducted a public hearing on the proposed Planned Unit Development preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT I . The property is currently zoned Planned Unit Development — Residential, PUD -R. 2. The property is guided in the Land Use Plan for Residential — High Density. 3. The legal description of the property is Lakeside, Carver County, Mnnesota. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b. The proposed use is or will be compatible with the present and future land uses of the area. C. The proposed use conforms with all performance standards contained in the Zoning Ordinance with the granting of the variances outlined in the staff report. 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. Traffic generation by the proposed use is within capabilities of streets serving the Property. The planning report #07-23 dated November 6, 2007, prepared by Robert Generous, et al, is incorporated herein. RECOMNENDATION The Planning Commission recommends that the City Council approve the amendment to the Planned Unit Development Design Standard section c. to allow a 15 foot setback between townhouses and adjust the wetland setback consistent with current wetland setback requirements. ADOPTED by the Chanhassen Planning Commission this 6h day of November, 2007. CHANHASSEN PLANNING COMSUSSION EN Its Chairman g:\plan\2007 planning cases\07-23 lakmide pad arnendmen0findings of fact.doc 2 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Applicant Name and Address: 5 1 ('=� �-_ Z� C� e'p. tic_ c'c� 8 LqCVL�o �e A-1 �5 57'Y' Contact: vo��j Phone: -7k5�j� Email: r-01� Planning Case No. r s 'fryoFCHANHAS EN RECEIVED AUG 3 1 2007 CKQ&WIM PLANNINIG DEPT Owner Name and Address: PhonE Email: Fax: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit X Planned Unit Development' 144— A t�, Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment X Notification Sign — $200 (City to install and remove) X Escrow for Filing FeestAttorney Cost" - $50 CUP/SPR/VACNARIWAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ '�' -2 0 cio_ An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME- /— '� k'- �; , LOCATION - LEGAL DESCRIPTION: -s ; 4_1 kc- s A Z1, -t', -', z /,Lc- s, TOTAL ACREAGE: 2 r. . WETLANDS PRESENT: X YES NO PRESENTZONING: IDL, 6 REQUESTED ZONING: 11 L� PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: /tl C_ � e - �e � e -,_-,4E -I(- � i" 4 -1 - OL � -M�' L,—"e '9 /� � . This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authonzation to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. of ADDH(Adt/ Fee OwVr Dat� 403 1 14, ) Vale SCANNED GApLANVorms0evelopment Review Application. DOC Rev. 12/05 Ul I L fill Nil tit j C5 G-) Uj AJ-- - - - - - - E-, rrL - - - - - - IT, Uj C2, 08 6A se 8� ILI CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) )ss. COUNTY OF CARVER ) 1, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on October 25, 2007, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Lakeside Minor PUD Amendment — Planning Case 2007-23 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sw t before me .Qrn o this,PLLKdayof ( -')C r 2007. A Notary PqLlic 'M TZ " a mN 11C t010 Y= c...'�w Flp;. J_ 31"2 Notice of Public Hearing Notice of Public Hearing Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting Date & Time: Tuesday, November 6, 2007 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Minor PUD Amendment to adjust internal setback Proposal: requirements from 20 feet to 15 feet and adjust the wetland Proposal: setback consistent with current wetland setback requirements in the Lakeside Subdivision Applicant: Sienna Corporation Property North of Lake Riley Boulevard at Lake Riley Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhasson.mn.us/serv/i)lan/07-23.html. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at boenerous@ci.chanhassen.mn.us or by Comments: phone at 952-227-1131. It you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Firmedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses. Wetand Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciavindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespemon/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. _ Date & Time: Tuesday, November 6, 2007 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Minor PLID Amendment to adjust internal setback requirements from 20 feet to 15 feet and adjust the wetland Proposal: setback consistent with current wetland setback requirements in the Lakeside Subdivision Applicant: Sienna Corporation Property North of Lake Riley Boulevard at Lake Riley Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1 ' Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhasson.mn.us/serv/r)lan/07-23.htmI. If you wish to talk to someone about this project, please contact Robert Generous by email at baerferous0ci.chanhassen.min.us or by Ques tions & phone at 952-227-1131. If you c hoose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments. Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallmdustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. It you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. — FIM Whitt Laks LAD Flay This that, is nenther a legally recorded map nor a surmy and is not intended to W used as me, This ma, is a corripalatim, of becands, information and data located in vanous city, county, state and federal offices and other sources mc,ndng am mi alibi end is to be used for reference wrposes only. Tine City does not �bmrfl that the G.Weaphic, Informtow System (GIS) Data used to prepare this me am error firm and the City does M rearmsent that am OIS Data can be used line navigational. areclaang or my other Purpose miluinng indecent, rims.ernare of damance or direction or precision in the deaction of geographic finiftenesi. 0 annors or cl,screctabc,es am found Please contect 952-227-110T The prectiong declierrier a pMmded pursuant to Mimasum Sudetes §MiES.03, Subd. 21 (2(M�. and the user of this Mp aCknoWidges that the Off, shelf not be liable far my darnages, and egiressy Vinii all danns, end agrees to defend, inderinnity, end hold harrmess fine C4ty from any and ail claim brought by User, its employees or efforts, of Mid parties iiiiacth anse out of the users success or use of data provided. FIM Marsh L" L*a FIL-Y This mp is neither a lefally recorded mis nor a surmy and is not intended to W used as me. TInis mp is a conplation ot records, artformhon and data located in vaeous city, couinty. state and federal officas and other sources regarhing me area sho,iin. and is to W used for reference puraoses ondy �e City does not warrant that the Geographic littorroatim System (GIS) Data used to prepare this tried are enor had, and the City cluss net nedneed that fine CIS Data can W used far navigational, trarknii or any other purebee nequiring inuacting madauremn! of distance or chrechon or mecision in me "clion at geographic features, it series or dinsionipmeas am found please contact flrK-227-1107� The pimceding cisclainner is Pnonded persuare to Mmessom Stearns §466 03, Sulbd� 21 (2"), and the user of this me aclubuntledges that the City Shall M be liable let any darnages. ancl e'aressly ,i,anmS all drum. and agrees to defend, ariderni and held hanneas Me City from my end all claim brought by User. its emplo,eas or Wds. or hend parre, ,,bj,b am, W W this umes access or use of data Provided! WALTER E KOTCH TONYA L BATES ALLEN C & SHARON R LINDNER 8757 NORTH BAY DR 8755 NORTH BAY DR 8753 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN. MN 55317 -7624 CHANHASSEN. MN 55317 -7624 MELISSA KAY BROWN CRAIG M SHAFFER SCOTT B & SHANNON MCWHITE 8751 NORTH BAY DR 8768 NORTH BAY DR 8772 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 RENEE M EVANS TERI R HELLING LEE N GOLDSTEIN 8T76 NORTH BAY DR 8780 NORTH BAY DR 8747 NORTH SAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 JEREMY LAUGHLIN & LYNN A BUCHHOLZ JEFFREY R MALLOW KRISTIN SEAL 8784 NORTH BAY DR 8744 NORTH BAY DR 8743 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 DIANE E HOFF EDWARD M RYAN & ROBERT MORROW & 8740 NORTH BAY DR ANDREA R SCHEFFLER BEVERLY MORROW CHANHASSEN, MN 55317 -7624 8732 NORTH BAY DR 0731 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 THOMAS C WITHAM RYAN A & JANE M WENNING KATHLEEN M LUCE 8727 NORTH BAY DR 7284 ROLLING ACRES RD 165 LAKEVIEW RD E CHANHASSEN, MN 55317 -7624 EXCELSIOR, MN 55331 -T745 CHANHASSEN, MN 55317 -7625 CESAR C BECERRA & BRANDY CHRISTENSEN VICTORIA MARIA MORENO LEONARDA L LEDESMA 8711 NORTH BAY DR 8708 NORTH BAY DR 8712 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 ROBERT & SUZANNE JANSSEN SALLY O'HALLORAN TIMOTHY R GILPIN 162 LAKEVIEW RD E 8707 NORTH BAY DR 8704 NORTH BAY DR CHANHASSEN, MN 55317 -7625 CHANHASSEN. MN 55317 -7624 CHANHASSEN, MN 55317 -7624 DANIEL R & APRIL M WEIR KENTON C EXNER & MARGERY G SCHEIE 8703 NORTH BAY DR ROXY R MICKELSON TRUSTEE OF M G SCHEIE TRUST CHANHASSEN, MN 55317 -7624 8701 NORTH BAY DR 142 LAKEVIEW RD E CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7626 JAMES BENSON & NANCY G EVENSEN DAVID & LORI FREE DEAN R BENSON TRUSTEE OF K R EVENSEN TRUST 5885 SEAMANS OR 122 LAKEVIEW RD E 17683 BALLANTRAE CIR SHOREWOOD, MN 55331 -8989 CHANHASSEN, MN 55317 -7625 EDEN PRAIRIE, MN 55347 -3435 THOMAS W & JOANNE C CHAN JODY L ROGERS NANCY A SAMPSON 110 LAKEVIEW RD E 106 LAKEVIEW RD E 8765 NORTH BAY DR CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7624 JASON R EIDE CAROLYN V MORIMITSU TINAAPENN 8761 NORTH SAY DR 8769 NORTH BAY DR 8759 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 GARYR DEVAAN SUSAN M LETNER LESLIE M BERGSTROM 8-r73 NORTH BAY DR PO BOX 220 8781 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN. MN 55317 -0220 CHANHASSEN, MN 55317 -7624 MARK W LINDNER RACHELWIDMER JOYCE A BENNETT 8785 NORTH BAY DR 8791 NORTH BAY DR 8789 NORTH BAY DR CHANHASSEN, MN S5317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 MATTHEW J THILL MITCHELL S & CINDY L VENESS TIMOTHY P AMLIE 8790 NORTH BAY DR 8794 NORTH BAY DR 8796 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 MARY J BACHEL STEVEN L HAAGENSON JONATHAN D MUSBERGER 8739 NORTH BAY DR 8736 NORTH BAY DR 8735 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 NORTH BAY H M WNERS ASSN INC M WAYNE E ANDERSON DONNA M LEONARD 2 LONG, ) 681 A RD 181 LAKEVIEW RD E 8728 NORTH SAY DR 11 ROSEVILLE, 113-1128 CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7624 CAROLE K BASTASZ ANDREW & SARAH PUNCH BARBARABERTRAM 179 LAKEVIEW RD E 8724 NORTH BAY DR 177 LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7625 NATHAN & HILARY TREGUBOFF TERRI LYNN BAUMBERGER JUDD C & SHIRLEY R MORGAN 8720 NORTH BAY DR 8719 NORTH BAY DR 161 LAKEVIEW RD E CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7625 ANTHONY C BELL CATHI M LEE KAREN L BRIGGS 0716 NORTH BAY DR 6715 NORTH BAY DR 157 LAKEVIEW RD E CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7625 BEVERLY ANN SPORRE DAVID C MAJOR 166 LAKEVIEW RD E 158 LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7625 MARY BETH MAKI JANET L NYDAHL 150 LAKEVIEW RD E 146 LAKEVIEW RD E CHANHASSEN, MN 5MI 7 -7625 CHANHASSEN, MN 55317 -7625 ALBERTS& DOROTHY I KOCH GRACE B & MICHAEL J HAZZARD 134 LAKEVIEW RD E TRUSTEES OF G B HAZZARD TRUST CHANHASSEN, MN 55317 -7625 130 LAKEVIEW RD CHANHASSEN. MN 55317 -7625 STATE OF MINNESOTA - DOT METRO RIGHT OF WAY SIENNA CORP 1500 W COUNTY ROAD B2 4940 VIKING DR #608 ROSEVILLE, MN 55113 -3174 MINNEAPOLIS, MN 55435 -5318 WOODDALE BUILDERS INC 6435 FELTL RD MINNETONKA, MN 55343 -7983 TARY JANE ADAMS 154 LAKEVIEW RD E CHANHASSEN, MIN 55317 -7625 DONALD L & ESTHER EGGEBRECHT TRUSTEESOFTRUST 138 LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 JOHN D & MELANIE L RINGSTROM 126 LAKEVIEW RD E CHANHASSEN. MN 55317 -7625 CHARLES CUDD LLC 275 MARKET ST #445 MINNEAPOLIS, MN 65415 -16DB BEARPATH GOLF/COUNTRY CLB LP 4940 VIKING DR #608 EDINA MN 55435 DANIELL& DARCI D MONSON 18707 BEARPATH TR EDEN PRAIRIE MN 55347 JOHN A BUSHEY 9000 LAKE RILEY RD EDEN PRAIRIE MN 55347 MARK T WAGNER/JANE E WAGNER 18743 BEARPATH TR EDEN PRAIRIE MN 55347 MID & WARREN BIELKE 18719 BEARPATH TR EDEN PRAIRIE MN 55347 ROBERT & NANCY COHEN 18683 BEARPATH TR EDEN PRAIRIE MN 55347 BEARPATH HOMEOWNERS ASCN INC CITY OF EDEN PRAIRIE C/O COMMUNITY DLVPT INC 8080 MITCHELL RD 7100 MADISON AVE W EDEN PRAIRIE MN 55344 GOLDEN VALLEY MN 55427 DAVID H & SUSAN E ROBERTS 18671 BEARPATH TR EDEN PRAIRIE MN 55347 JULIE MARIE TOLLEFSON 8964 ENGLISH TURN EDEN PRAIRIE MN 55347 MARY JO & BRUCE E CARLSON 8988 ENGLISH TURN EDEN PRAIRIE MN 55347 MN DEPT OF TRANSPORTATION DIRECTOR - RIGHT OF WAY ST PAUL MN 55155 RODNEY S WALLACE 18662 BEARPATH TR EDEN PRAIRIE MN 55347 DONALD G & VIRGINIA A EAMES 18755 BEARPATH TR EDEN PRAIRIE MN 55347 KENNETH M ROSS 8976 ENGLISH TURN EDEN PRAIRIE MN 55347 MICHAEL S MCVAY 18650 BEARPATH TR EDEN PRAIRIE MN 55347 ROBERT & NANCY A COHEN 18683 BEARPARTH TR EDEN PRAIRIE MN 55347 RONALD E & VIRGINIA A LUND 9002 RILEY LAKE RD EDEN PRAIRIE MN 55347 MR. PAUL BOZONIRE SCOTT & HEIDI FREDERIKSEN THOMAS & STEPHANIE DREES NORTH BAY HOMEOWNERS ASSOC INC 18626 BEARPATH TR 14727 BOULDER POINTE RD C/O NEW CONCEPTS MGMT GROUP EDEN PRAIRIE MN 55347 EDEN PRAIRIE MN 55347 4915 WEST 35' STREET #102 ST LOUIS PARK MN 55416 Public Hearing Notification Area (500 feet) Lakeside PUD Amendment Planning Case 07-23 City of Chanhassen Rice Marsh Lake < < 0 0 SUBJECT PROPERTY V, R0, R 18) Lake Riley is required per lot abutting the wetland edge. The maximum spacing between monuments is 300 feet. (b). The following table provides the minimum standards required for each wetland classification. Wetland Classification Principal Structure Setback from Buffer Edge (feet) Accessory Structure Setback from Buffer Edge (feet) Permanent Buffer Strip Minimum Wi Percent of Buffer Strip in Native Ve etation Outstanding 50 50 50 100% Preserve 40 20 40 100% Manage 1 30 15 25 100% Manage 2 30 is 20 Dver;00/ Manage 3 30 15 16.5 Over';O% (c). For lots created on or after May 14, 2007, principal structures and accessory structures shall maintain minimum setbacks from the wedand buffer as outlined in subparagraph (b) above. (d). If buffer strips and setbacks were approved in conjunction with a site plan or subdivision before May 14, 2007, the standards set forth in the site plan or subdivision shall prevail, except that in no case shall principal structures be set back less than 40 feet from the wetland edge unless a variance from the wetland setback requirements has been approved. (e). For lots of record before May 14, 2007, property owners may establish wetland buffer strips in compliance with subparagraph (b) above in exchange for a decreased setback for structures. A MANAGE 3 WETLAND ILLUSTRATION PRINCIPAL STRUCTURE SETBACK SIREEI BWFTER N WETLAAW EDGE 3 V it/W HOME —00, FROka YARD SMACK 30. :)E�C ---IVO'F-ASI#AERr ACCESSORY STRUCTURE SETBACK WETLAND BLFFER STRIP (c). For lots created on or after May 14, 2007, principal structures and accessory structures shall maintain minimum setbacks from the wedand buffer as outlined in subparagraph (b) above. (d). If buffer strips and setbacks were approved in conjunction with a site plan or subdivision before May 14, 2007, the standards set forth in the site plan or subdivision shall prevail, except that in no case shall principal structures be set back less than 40 feet from the wetland edge unless a variance from the wetland setback requirements has been approved. (e). For lots of record before May 14, 2007, property owners may establish wetland buffer strips in compliance with subparagraph (b) above in exchange for a decreased setback for structures. A le VF MEMORANDUM TO: Todd Gerhardt, City Manager CITYOF FROM: Bob Generous, Senior Planner CIMMSEN DATE: November 26, 2007 7700 Market Boulevard PO Box 147 SUBJ: Lakeside PUD Amendment, Planning Case #07-23 Chanhassen, MN 55317 Administration Phone: 952.227.1100 EXECUTIVESUMMARY Fax: 952 227 1110 Building Inspections The applicant is requesting an amendment to the Development Design Standards Phone: 952.227.1180 for Lakeside Planned Unit Development to allow a 15 -foot, rather than a 20 -foot Fax: 952227.1190 separation between the townhouse units and to adjust the wetland setback Engineering consistent with current wetland setback requirements. No additional dwelling Phone: 952.227.1160 units are being proposed, nor will the change substantially alter the approved site Fax: 952.227.1170 plan. Finance Phone: %M7,1140 ACTION REQUIRED Fax: 952.227.1110 Park & Recreation City Council approval requires a majority of City Council present. Phone: 952.227.1120 Fax: 952.227.1110 PLANNING COMMISSION SUMMARY Recreation center 2310 Coulter Boulevard Phone: 952,227.1400 The Planning Commission held a public hearing ovember 6, 2007. ne "Fi`� mation Fax: 952.227,1404 Planning Commission voted six for and one a;nst a recommending approval of the PUD design standard amendment Planning & Natural Resources Phone: 952,227.1130 Commissioner Keefe, in his vote against the amendment, raised two issues. Staff is Fax: 952.227.1110 responding in an issues/response format. Public Works 1591 Park Road Issue: Phone: 952.227,1300 Fax: 952.227,1310 Hard surface coverage Senior Center Phone: 952.227.1125 We still don't know whether the 50% hard surface coverage requirement allowed Fax: 952.227.1110 under the PUD will be met for this development. I don't suspect the amendment Web Site (variance) will affect !he outcome of this question. But it is important to limit the www-ci.chanhassen.arn.us development to this standard, prior to the completion of the project. A lot of latitude has been given to this developer in the form of relaxation of zoning standards. I am concerned general market and economic pressures on this particular developer may cause them to cut comers on this development. The City may not get the level of design it sought in exchange for relaxation of SCANNED The City at Chan has sen -A growing community with clean lakes, quality schools, a chaffning downtown, thriving businesses, winding trai Is, and beautiful parks. A gieal place to live, work, and play. Todd Gerhardt November 26, 2007 Page 2 standards. It may also not get any condo building as financing for these types of projects is virtually non-existent. This should be monitored closely. It doesn't appear that monitoring is happening as we still don't yet know whether the plans meet the 50% hard surface coverage requirement, and construction is well underway. Response: Is the development exceeding the impervious surface coverage? Maximum site coverage is 50 percent over the entire development. Following is the breakdown of site coverage for Lakeside: Total Site Area 26.29 acres Right -of -Way 1.74 acres Net Development Area 24.55 acres Impervious Surfaces Drives and Sidewalks 4.09 acres Twin Units 2.58 acres Townhouse Units 1.84 acres Condominiums 2.37 acres Pool Building 0.15 acres Total Impervious Surface 11.03 acres Site Coverage is calculated by dividing the total impervious surface by the net development area (11.03/24.55 = 45 percent). The 45 percent site coverage is less than the 50 percent coverage permi tted by the PUD. Issue: Variance or Amendment The change in the PUD was brought forth as an amendment to the PUD. It should have been brought forth as a variance to the wetland buffer and buffer setback. The difference is subtle; however, variances require meeting hardship requirements. I don't believe hardship requirements would be met with this request. And we wouldn't know unless the case is brought forth correctly. Side setbacks The amendment (variance) has the affect of narrowing the space between buildings. Although the 15 -foot separation is the same as townhomes in the same development, I am concerned we have a cOnsistency issue for building spacing as compared to other zoning classifications. I Todd Gerhardt November 26, 2007 Page 3 understand in PUDs we make offsets in exchange for higher design standards. It is still a concern and deserves attention. Response: The setback to the wetlands simply reiterated the wetland setback of City Code in place at the time of initial project approval. The proposed amendment is consistent with the City Code, which was amended. If we deleted the wetland setback standard included in the PUD and required compliance with the wetland standards in the City Code, we would be following these new wetland standards. Section 20-508 of the PUD standards in City Code only address setback requirements from the perimeter of the project to structures within the project and from public streets. Other setbacks are established by the PUD agreement. Interior setbacks are not addressed, but are developed in conjunction with the individual development plans. Usually within a PUD, interior lot line setbacks are zero. In this instance, the setback is established between buildings, not to the lot line. The setbacks between structures are generally a function of building and fire codes. Building and fire codes address the required fire separation between structures and between a structure and the property line. With greater fire rating and protection, the structures may be closer to the property line or to other structures. 'Me Lakeside PUD standard currently has a 15 -foot separation requirement for the twin homes. Approval of the revision would make the required separation between the attached units (twin and townhouses) the same throughout the development. The setback to the wetlands simply reiterated the wetland setback of City Code in place at the time of initial project approval. The proposed amendment is consistent with the City Code, which was amended. If we deleted the wetland setback standard included in the PUD and required compliance with the wetland standards in the City Code, we would be following these new wetland standards. In both instances, these are changes in the standards, rather than requesting a variance from the standard. Therefore, an amendment to the PUD is appropriate. RECOMNMNDATION Staff recommends adoption of the motion as specified on page 8 in the staff report dated November 6, 2007 approving the amendment to the PUD standards for Lakeside. ATTACIUVIENTS 1. Reduction of the Cover Sheet for Lakeside at Bearpath. 2. Ordinance Amending the PUD Design Standards. 3. Planning Commission Staff Report dated November 6, 2007. W.xplaa\2007 planning �\07-23 lak�ide pud anxnd�Aex�utive summary.doc ad it Rill UMHO. M uz'z Pit J-1 Egl CL 0 Pit Him r m Ei PU 3.9's J 2 t - IL lu Mhl pip 4 2 w m w w lb 41 Lq z lu Hil MOM C -M f ell f *-r CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, NE[NNESOTA ORDINANCENO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITYS ZONING ORDINANCE, BY AMENDING A PLANNED UNIT DEVELOPNIENT THE CITY COUNCIL OF ME CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by amending the Lakeside Planned Unit Development Design Standards Section c Setbacks, as follows: C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. #Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. *The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. P110A Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 20h day of November, 1 Setback Standards I-Eghway 212 50 feet East(Perimeter) Lot Line 50 feet -townhouses/twin homes; Building Height of the Condominiums with a minimum of 30 feet Lyman Boulevard 50 feet/30 feet for beach lot West(Perimeter) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 15 feet Mnimum Driveway length (to back of curb, trail or sidewalk) 25 feet I Hard Surface Coverage . 50 % * Wetland: Buffer and buffer setback 20 feet and 30 feet Lake Riley 75 feet #Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. *The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. P110A Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 20h day of November, 1 ATTEST: Todd Gerhardt, Clerk/Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on 2007) gAplan\2006 planning cascs\06-26 Lakeside%pud amendment mdinance.d� �4 910 STAFF REPORT PROPOSAL: Request for Minor PLJD Amendment to adjust internal setback requirements from 20 feet to 15 feet and adjust the wetland setback consistent with current wetland setback requirements. LOCATION: Northwest comer of Lyman Boulevard and Lakeview Road East APPLICANT: Sienna Corporation Attn: John Vogelbacker 4940 Viking Drive, #608 Minneapolis, MN 55435 (952) 994-2646 jvogelbacher@siennacorp.com PRESENT ZONING: Planned Unit Development — Residential (PUD -R) 2020 LAND USE PLAN: Residential — High Density ACREAGE: 26.3 acres DENSITY: Not Applicable SUMMARY OF REQUEST: The developer is proposing an amendment to the Development Design Standards to allow setback between the townhouse units within the project. LEVEL OF CITY DISCRETION IN DECISION-MAI(ING: The City has a relatively high level of discretion in approving amendments to PUD's because the City is acting in its legislative or policy making capacity. A PUD amendment must be consistent with the City's Comprehensive Plan. sc,%mat) Lakeside PUD Amendment Planning Case 2007-23 November 6, 2007 Page 2 of 8 PROPOSAUSUAMARY The applicant is requesting an amendment to the Development Design Standards for Lakeside to allow a 15 -foot, rather than a 20 -foot separation between the townhouse units and adjust the wetland setback consistent with current wetland setback requirements. No additional dwelling units are being proposed, nor will the change substantially alter the approved site plan. The net result is shown in the preliminary site plan for Lakeside below. The proposed amendment which would permit the development as originally proposed and which was found consistent with the City of Chanhassen Comprehensive Plan, is, therefore, consistent with the Comprehensive Plan. Throughout the development review approval process, the concentration of the developer was on the issue related to the impacts of the development on the eastern side of the projec� adjacent to Bearpath golf course. Originally, the developer had requested a variance to permit a 30 -foot setback for the twin homes to the eastern project boundary. However, this variance was denied. The developer did not review the implications of the townhouse separation requirement relative to the wetland setback. By amending the setback between townhouses, the developer will be able to comply with the requn-ed wetland setback. A revised grading plan depicting the 15 -foot setback must be submitted. Staff does not anticipate any grading or drainage issues associated with the setback modification. Lakeside PUD Amendment Planning Case 2007-23 November 6, 2007 Page 3 of 8 There are no public utilities between these buildings. The developer is responsible for ensuring that any private utility between the building pads affected by the reduced setback are relocated accordingly - There are no apparent building code issues with this proposed PUD amendment. It should be noted, however, that building walls within five (5) feet of a property line must be of one-hour fire -resistive construction. The development already has this setback standard for the twin homes within Lakeside. Staff is recommending approval of the amendment to the Lakeside Development Design Standards. "PLICABLE REGUATIONS Chapter 20, Article 2, Division 2, Amendments Lakeside Design Standards BACKGROUND On August 13, 2007, the Chanhassen City Council approved the Final Plat for Lakeside Third Addition creating five outlots. Two outlots will be fin-ther developed (C and E), which must be submitted for final platting with lots and blocks prior to development. The remaining outlots (A, B and D) will be common open space. On January 8, 2007, the Chanhassen City Council approved the Final Plat for Lakeside Second Addition creating 39 lots and 3 outlots. The second phase of Lakeside consisted of 41 lots and I outlot. Seven of the lots were for Wooddale Builders, 32 of the lots were for Charles Cudd Company, 2 lots were for common open space and Outlot A was for future platting for building sites. On October 23, 2006, the Chanhassen City Council approved the Final Plat for Lakeside. The final plat approval for the fir-st phase of Lakeside consisted of 18 lots, 10 outlots and right-of- way for public streets. The first phase of the development included the community building and storm water pond, I I lots for townhouses on the west side of the development (Wooddale Builders, Inc.), 4 lots for twin homes on the east side of the development (Charles Cudd Company), Outlot A which will contain the private street and utilities for the project, and Ontlots I and J, the recreational beach lot site. The balance of the outlots will be platted in the future for additional residential development. The developer performed all the subdivision improvements as part of the original plat. On July 24, 2006, the Chanhassen City Council approved the following: A. Rezoning of the property located within the Lakeside development, from High Density Residential District (RI 2) to Planned Unit Development - Residential (PUD -R) incorporating the development design standards contained within the staff report subject to the final plat approval for the Lakeside development. Lakeside PUD Amendment Planning Case 2007-23 November 6, 2007 Page 4 of 8 B. Preliminary Plat for Lakeside. C. Site Plan for 231 housing units and a community building with pool, with a Variance for building height for the condominium units consistent with the Building elevations prepared by Harriss Architects. D. Conditional Use Permit for a recreational beach lot with a Variance from the requirement that 80 percent of the units be within 1,000 feet of the recreational beach lot Throughout the development review process, the City provided the developer with wetland requirements. The following information was included in the staff report for the subdivision. WETLANDS The wetland delineation for the subject site showed two wetland basins on site. The applicant applied for wetland exemptions on December 22, 2005 for both Wetland Basins A in the southwest comer of the development and B in the northwest comer of the development. On January 10, 2006, the City of Chanhassen issued an exemption decision for Wetland Basin A, a 0.03 acre, Type 3 wetland basin on the Lakeview Hills site. An incidental wedand exemption was issued for Wedand Basin A because the basin was found to be a constructed basin to maintain the drainage through the culvert under the historical driveway to Lakeview Hills and previous farm field. City staff reviewed the as -built plans of record and determined that the structure near Wedand Basin B in the northwest comer of die development was an inlet and therefore was not contributing to the hydrology of the wetland. Review of the HIG photographs submitted and Farm Service Agency (FSA) photographs at the Carver Soil and Water Conservation District revealed that the wetland area existed prior to the construction of the apartment complex (1963 HIG Photo). The berm on the south side of the wetland allowed the City to rule out the possibility that storm water from the complex was being directed into Wedand Basin B. The berm on the north side of the wetland appears to have formed in the early 1970s with the excavation of part of Wetland Basin B to open water. In examining the photos, it appears the ditch to the north of the property stopped finictioning between 1951 and 1957, about the time the wetland signatures in the photos become visible. Wetland Basin B has been in existence for more than 25 years and is therefore jurisdictional wetland that cannot be considered for incidental or drainage exemptions. City staff concluded that Wetland Basin B was not eligible for incidental or drainage exemptions. The application for an exemption for Wedand Basin B was denied on January 10, 2006. Wetland Basin B is a 0.75 acre, Type 3, aglurban wedand in the northwest comer of the site. The wetland is dominated by sedges, reed canary grass, willow, red osier dogwood, and quaking aspen. The City, on May 14, 2007, amended the wetland protection ordinance to adopt revised standards for wetland classification and setback requirements. The wetland classification for the wetland located in the northwest comer of the development is a Manage 2. A minimum buffer of Lakeside PUD Amendment Planning Case 2007-23 November 6, 2007 Page 5 of 8 20 feet should be preserved around die perimeter of the wetland. All structures (including parking lots) should maintain a 30 -foot setback from the wetland buffer. The plans have been revised to reflect the required wetland buffer and wetland buffer setback. Wetland buffer areas should be preserve(t surveyed and staked in accordance with the City's wetland ordinance. The applicant should install wetland buffer edge signs before construction begins and must pay the City $20 per sign. A minimum buffer of 20 feet shall be preserved around the perimeter of the wetland. All structures (including parking lots) shall maintain a 30 -foot setback from the wetland buffer. All trails and retaining walls shall be modified to remain outside the wetland buffer. Wetland buffet areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs before construction begins and shall pay the City $20 per sign. REZONING Changes to design standards are similar to an amendment to zoning district standards, since the PUD is the zoning of the property. DEVELOPMENT DESIGN STANDARDS Lakeside Development Standards a. Intent The purpose of this zone is to create a PUD for a mix housing type multi -family development. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted as listed below once a primary use has occupied the site. b. Permitted Uses The permitted uses in this zone shall be twin homes, townhouses, and three condominium buildings and their ancillary uses. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The type of uses to be provided on common areas shall be low -intensity neighborhood -oriented accessory structures to meet daily needs of residents. Such uses may include a bus shelter, community building, development signage, fountain, garden, gazebo, maintenance shed, picnic shelter, pool, playground equipment or tennis courts. Lakeside PUD Amendment Planning Case 2007-23 November 6, 2007 Page 6 of 8 C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. d. Building Materials and Design 1. Townhouses • Building height shall be limited to 35 feet. • Building exterior material shall be a combination of fiber -cement or vinyl siding or shake and brick or stone. • No two adjacent structures shall be of the same color scheme. • Colors used shall be varied across color tones. • All units shall utilize minimum timberline 30 -year asphalt shingles. • Each unit shall have a minimum of one overstory tree within its front landscape yard. • All mechanical equipment shall be screened with material compatible to the building, landscaping or decorative fencing. • Garage doors shall be decorative and have windows. 2. Community Clubhouse • Building height shall be limited to 35 feet. • Building exterior material shall be a combination of stone and stucco and fiber - cement. Setback Standards Highway 212 50 feet East(Penmeter) Lot Line 50 feet -townhouses/twin homes; Building Height — Condominiums with a minimum of 30 feet Lyman Boulevard 50 feet/30 feet for beach lot West(Perimeter) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 20 feet Minimum Driveway length (to back of curb, trail or sidewalk) 25 feet 1 Hard Surface Coverage 50 % * Wetland: Bu and buffer setback 16.5 feet and 40 feet Lake Riley 75 feet # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. d. Building Materials and Design 1. Townhouses • Building height shall be limited to 35 feet. • Building exterior material shall be a combination of fiber -cement or vinyl siding or shake and brick or stone. • No two adjacent structures shall be of the same color scheme. • Colors used shall be varied across color tones. • All units shall utilize minimum timberline 30 -year asphalt shingles. • Each unit shall have a minimum of one overstory tree within its front landscape yard. • All mechanical equipment shall be screened with material compatible to the building, landscaping or decorative fencing. • Garage doors shall be decorative and have windows. 2. Community Clubhouse • Building height shall be limited to 35 feet. • Building exterior material shall be a combination of stone and stucco and fiber - cement. Lakeside PUD Amendment Planning Case 2007-23 November 6, 2007 Page 7 of 8 * Natural cedar shakes roofing. 3. Condominium Building • Building height shall be limited to 48 feet. • Building exterior material shall be a combination of 80 percent or greater stone and brick. Accent and trim areas in fiber -cement lap siding and shake. • Roofing shall be a minimum timberline 30 -year asphalt shingles (pitched roofs). e. Signage Signage shall comply with city standards for Residential Districts. L Landscaping Landscaping shall comply with the landscaping plan prepared by Pioneer Engineering, dated May 19,2006, revised June 7, 2006. AMEENDMIENT Highlighted below (changes are shown in bold and strikethrough format) is the proposed change to the development design standard. C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard - The entire development, including the public and private streets and Oudots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. Setback Standards Highway 212 50 feet East(Perimetef) Lot Line 50 feet -townhouses/twin homes; Building Height — Condominiums with a minimum of 30 feet Lyman Boulevard 50 feet/30 feet for beach lot West (Perimeter) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings -20 15 feet Minimum Driveway length (to back of curb, trail or sidewalk) 25 feet Hard Surface Coverage 50 % * Wetland: Buffer and buffer setback 4" 20 feet Lake Riley 75 feet # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard - The entire development, including the public and private streets and Oudots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. Lakeside PUD Amendment Planning Case 2007-23 November 6, 2007 Page 8 of 8 RECOMMENDATION Staff and the Planning Commission recommends that " City Council Planning Goffffiiis '- -- adopt the following motion, adopt the attached findings of fact and recommendation and require that a revised grading plan depicting the 15 -foot setback be submitted: "The Chanhassen g -Sion reeewAnends' City Council approves the amendment to the Planned Unit Development (PLID 06-26) development design standards section c. Setbacks, to read as follows: C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. individual lots will exceed the 50 percent site coverage. ATTACHMENTS I. Findings of Fact and Recommendation 2. Development Review Application 3. Reduced Copy Preliminary Site Plan 4. Reduced Copy Proposed Lakeside Fourth Addition Plat Exhibit 5. Hearing Affidavit, Public Hearing Notice and Mailing List 9:\PIM\2OOr7 phnning �\07-23 bl�ide pod �d�fttaff repon Jakeside pud �d�Ldw Setback Standards Highway 212 50 feet East(Perimeter) Lot Line 50 feet -townhouses/twin homes; Building Height — Condominiums with a minimum of 30 feet Lyman Boulevard 50 feet/30 feet for beach lot West(Perimeter) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 15 feet Minimum Driveway length (to back of curb, trail or sidewalk) 25 feet 1 Hard Surface Coverage 150 % * Weiland: Buffer and buffer setback 20 feet and 30 feet Lake Riley 75 feet # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. individual lots will exceed the 50 percent site coverage. ATTACHMENTS I. Findings of Fact and Recommendation 2. Development Review Application 3. Reduced Copy Preliminary Site Plan 4. Reduced Copy Proposed Lakeside Fourth Addition Plat Exhibit 5. Hearing Affidavit, Public Hearing Notice and Mailing List 9:\PIM\2OOr7 phnning �\07-23 bl�ide pod �d�fttaff repon Jakeside pud �d�Ldw CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Sienna Corporation for an amendment to the Planned Unit Development Design Standards. OnNovember 6, 2007, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Sienna Corporation for an amendment to the Planned Unit Development Design Standards to allow a 15 -foot setback between townhouses and adjust the wetland setback consistent with current wetland setback requirements. The Planning Commission conducted a public hearing on the proposed Planned Unit Development preceded by published and mailed notice. The Planning Cominission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT I . The property is currently zoned Planned Unit Development — Residential, PUD -R. 2. The property is guided in the Land Use Plan for Residential — High Density. 3. The legal description of the property is Lakeside, Carver County, Minnesota. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b. The proposed use is or will be compatible with the present and future land uses of the area. C. The proposed use conforms with all performance standards contained in the Zoning Ordinance with the granting of the variances outlined in the staff report. 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. Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The planning report #07-23 dated November 6, 2007, prepared by Robert Generous, et al, is incorporated herein. RECOMNENDATION The Planning Commission recommends that the City Council approve the amendment to the Planned Unit Development Design Standard section c. to allow a 15 foot setback between townhouses and adjust the wetland setback consistent with current wetland setback requirements. ADOPTED by the Chanhassen Planning Commission this 6dday of November, 2007. CHANHASSEN PLANNING COMMISSION M Its Chairman 9A4,1=\2007 pl=ning �\07-23 Jakmide pud a�d�nt\fmdings of factAm 2 Planning Case No. 0_7-a,_-75' CITY OF CHANHASSEN efty OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 RECEIVED Chanhassen, MN 55317 — (952) 227-1100 AUG 3 1 Z007 DEVELOPMENT REVIEW APPLICATION CNM�MEN PONNING DEFT Applicant Name and Address: C'= � L.- C� C��P, CC� 8 Ll Ct Lf 0 u; Al P_ i S. /Li 11L/ ee S Contact: Qo�,, v�j Phone:%;z- q _Ilr- -2r-Irc Fax:362- 7�9 Email: jLro Owner Name and Address: Contact: Phone: Email: Fax: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit X Planned Unit Development' /�1' A L" Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment X Notification Sign — $200 (City to install and remove) X Escrow for Filing Fees/Attomey Cost** - $50 CUP/SPR/VACNARIWAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ 4 :�, -" 0 9-0 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif)l format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: /z,-- �. ; LOCATION: 1� L4 LEGAL DESCRIPTION: 2 TOTALACREAGE -Z C . WETLANDS PRESENT: X YES NO PRESENT ZONING: 6 REQUESTED ZONING: C-) PRESENT LAND USE DESIGNATION - REQUESTED LAND USE DESIGNATION, REASON FOR REQUEST: CL C e 5 'e a2 This application must be Completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this applicabon. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowfedge. 4 '.L' I>A ignature Of APPII t DA o tur ignature of Fee r Urate SCANNED GVLANVOrms0evelopment Review Appfimtion.DOC Rev. 12105 z Rv. Ail . as, bi Lj -C-3 L — - J Gr — — — — — Lj p'l L.j se sg Ip 04 12 IT_ CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) )ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on October 25, 2007, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Mnnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Lakeside Nfinor PUD Amendment – Planning Case 2007-23 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Nfinnesota, and by other appropriate records. Subscribed and sw9m to before me thisWKday of ( )C C 2007. i j Notary Ak�-11—c Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, November 6, 2007 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. I Location: City Hall Council Chambers, 7700 Market Blvd. Request for Minor PLID Amendment to adjust internal setback Proposal: requirements from 20 feet to 15 feet and adjust the wetland setback consistent with current wetland setback requirements in the Lakeside Subdivision Applicant: Sienna Corporation Property North of Lake Riley Boulevard at Lake Riley Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/07-23.html. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at boenerous@ci.chanhassen.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing Any interested party is Invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent Information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation 10 the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercialAndustrial. • Minnesota State statute 619.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersontrepresentative Is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included In the report to the City Council. If you wish to have somethino to be Included in the report, please contact the Planning Staff person nEmed on the notification. — Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, November 6, 2007 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda, Location: — City Hall Council Chambers, 7700 Market Blvd. Request for Minor PLID Amendment to adjust internal setback Proposal- requirements from 20 feet to 15 feet and adjust the wetland setback consistent with current wetland setback requirements in the Lakeside Subdivision Applicant: Sienna Corporation Property North of Lake Riley Boulevard at Lake Riley Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Ha pens P public hearing through the following steps: at the Meeting: I . Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhasson.mn.us/serv/r)lan/07-23.htmI. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at boonerous@ci.chanhassen.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland Alterations. Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports am available by request, At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The Item will be opened for the public to speak about the proposal as a part of the hearing process, The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the city council except rezonings and land use amendments from residential to commorclalAndustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and Scheduling for the City Council meeting. • A neighborhood spokespersontrepresentative Is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If yo to have something to be included in the report, please contact the Planning Staff person named on the notifi= Floe KUsh Lake Laide FiLey Phis map is neither a legally recorded mato nor a sumey and is not intended to Iii, used as me. This MaD is a contuxation of records, information and data located in vanous city, cwnty, state and federal offices and other sources reganfing %a area snom, and is to be used for relenince purposes only. The City does not warmant that In. Geographic Information System (GIS) Data used to prepare this map, am error fres, end the Dry does not represent thm the GIS Data can be used for navigational, backing or any other pumose requiring toiacting measurement of distance or direction or precision in the depiction of geogWNc feature. If mom or discrepancies are found please contact 952-227-1107. Th. posocling CIRS,,mme, is pri:nrided! pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this rom SCIOIOWedges that that City shan no be liable for my darnages, and eotOnsssly witives, all claims, and agrees to defend, Indemnify. and hold harmless the City from my and all claims brought by User, its employees or agents, w third parties �ich anse out ot the usees access; w use, of data ti.idardl FkaMarShLake Lal Tins map is neither a legally recorded map nor a suorey and is not intended to be used as me. TNs mu, is a connotation of oscands, information and data located in irmous city, county. State and ladleral offices and other sources Oegariling the was sinmim, and is to be used for reference lxir�toses crity. �e City doe� not morent met Me Geographic Informnation System (GiS) Data used to mismat this map am emor free. and the Cry does not repuresent that the G[S Data can OS, used for maingaromil. faclung or my miner mu� mrttiring tnuacning measuiument ot cliesence, or dinection oi- Secisioin in the depiction Of geographic features it emom or discrepancies am found please cortuaict 952-227-1107, The predng chsclainner a pro�de,! Wi,mrit to Worimicta Slatutes §�.03, Subid. 21 (2000), and the user Of INS ones ackoinifedges that ft City Shelf ncl� W liable toi, any damages. and �nassly �vac all claims. and agrees to def indemnify. and hold Namniess; the City from my and all claim brought by User, its employees .1 agents, or Itund fiartiets iii,lech arise but of the users access o, usu, Of data poo,idad, WALTER E KOTCH TONYA L BATES ALLEN C & SHARON R LINDNER 8757 NORTH BAY DR 8755 NORTH BAY DR 8753 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 MELISSA KAY BROWN CRAIG M SHAFFER SCOTT B & SHANNON MCWHITE 8751 NORTH BAY DR 8768 NORTH BAY DR 0772 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 RENEE M EVANS TER] R HELLING LEE N GOLDSTEIN 8776 NORTH BAY DR 8780 NORTH BAY DR 8747 NORTH BAY DR CHANHASSEN. MN 55317 -7624 CHANHASSEN. MN 55317 -7624 CHANHASSEN. MN 55317 -7624 JEREMY LAUGHLIN & LYNN A BUCHHOLZ JEFFREY R MALLOW KRISTIN SEAL 8744 NORTH BAY DR 8743 NORTH BAY DR 8784 NORTH BAY DR CHANHASSEN, MN 56317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 DIANE E HOFF EDWARD M RYAN & ROBERT MORROW & 8740 NORTH BAY DR ANDREA R SCHEFFLER BEVERLY MORROW CHANHASSEN, MN 55317 -7624 8732 NORTH BAY DR 8731 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 THOMAS C WITHAM RYAN A & JANE M WENNING KATHLEEN M LUCE 8727 NORTH BAY DR 7284 ROLLING ACRES RD 165 LAKEVIEW RD E CHANHASSEN, MN 55317 -7624 EXCELSIOR, MN 55331 -T745 CHANHASSEN. MN 56317 -7625 CESAR C BECERRA & LEONARDA L LEDESMA BRANDY CHRISTENSEN VICTORIA MARIA MORENO 8712 NORTH BAY DR 8711 NORTH BAY DR 8708 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 ROBERT & SUZANNE JANSSEN SALLY O'HALLORAN TIMOTHY R GILPIN 162 LAKEVIEW RD E 8707 NORTH BAY DR 8704 NORTH BAY DR CHANHASSEN, MN 55317 -7625 CHANHASSEN. MN 55317 -7624 CHANHASSEN. MN 55317 -7624 DANIEL R & APRIL M WEIR KENTON C EXNER & MARGERY G SCHEIE 8703 NORTH BAY DR FOXY R MICKELSON TRUSTEE OF M G SCHEIE TRUST CHANHASSEN, MN 55317 -7624 8701 NORTH BAY DR 142 LAKEVIEW RD E CHANHASSEN. MN 55317 -7624 CHANHASSEN. MN 55317 -7625 JAMES BENSON & NANCY G EVENSEN DEAN R BENSON TRUSTEE OF K R EVENSEN TRUST DAVID & LORI FREE 122 LAKEVIEW RD E 17683 BALLANTRAE CIR 5885 SEAMANS DR CHANHASSEN, MN 55317 -7625 EDEN PRAIRIE. MN 55347 -3435 SHOREWOOD, MN 65331 -8989 THOMAS W & JOANNE C CHAN JODY L ROGERS NANCY A SAMPSON 110 LAKEVIEW RD E 106 LAKEVIEW RD E 8765 NORTH BAY DR CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7624 JASON R EIDE CAROLYN V MORIMITSU TINA A PENN 8761 NORTH BAY DR 8769 NORTH BAY DR 8759 NORTH BAY DR CHANHASSEN, MIN 55317 -7624 CHANHASSEN. MN 55317 -7624 CHANHASSEN, MN 55317 -7624 GARY R DEVAAN SUSAN M LETNER LESLIE M BERGSTROM BT73 NORTH BAY OR PO BOX 220 8781 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MIN 65317 -02M CHANHASSEN, MN 55317 -7624 MARK W LINDNER RACHEL WIDMER JOYCE A SENNETT 8785 NORTH BAY DR 8791 NORTH BAY DR 8789 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 MATTHEW J THILL MITCHELL S & CINDY L VENESS TIMOTHY P AMLIE 8790 NORTH BAY DR 8794 NORTH BAY DR 8796 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN. MN SM17 -7624 CHANHASSEN, MN 55317 -7624 MARY J BACHEL STEVEN L HAAGENSON JONATHAN D MUSBERGER 8739 NORTH BAY DR 8736 NORTH BAY DR 8735 NORTH BAY DR CHANHASSEN. MIN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 NORTH BAY�H M WNERS ASSN INC M V ,K WAYNE E ANDERSON DONNA M LEONARD 2681 LONG, A RD 181 LAKEVIEW RD E 8728 NORTH BAY DR ROSEVILLE, 113-1128 I I CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7624 CAROLE K BASTASZ ANDREW & SARAH PUNCH BARBARA BERTRAM 179 LAKEVIEW RD E 8724 NORTH BAY DR M LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7624 CHANHASSEN. MN 55317 -7625 NATHAN & HILARY TREGUBOFF TERRI LYNN BAUMBERGER JUDD C & SHIRLEY R MORGAN 8720 NORTH BAY DR 8719 NORTH BAY DR 161 LAKEVIEW RD E CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7625 ANTHONY C BELL CATHI M LEE KAREN L BRIGGS 87% NORTH BAY DR 8715 NORTH BAY DR 157 LAKEVIEW RD E CHANHASSEN, MN 55317 -7624 CHANHASSEN. MIN 55317 -7624 CHANHASSEN. MIN 55317 -7625 BEVERLY ANN SPORRE DAVID C MAJOR TARY JANE ADAMS 166 LAKEVIEW RD E 158 LAKEVIEW RD E 154 LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 553W -7625 MARY BETH MAKI i SO LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 ALBERT S & DOROTHY I KOCH 134 LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 STATE OF MINNESOTA - DOT METRO RIGHT OF WAY 1500 W COUNTY ROAD B2 ROSEVILLE, MN 55113 -3174 WOODDALE BUILDERS INC 5435 FELTL RD MINNETONKA, MN 55343 -79B3 JANET L NYDAHL 146 LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 GRACE B & MICHAEL J HAZZARD TRUSTEES OF G B HAZZARD TRUST 130 LAKEVIEW RD CHANHASSEN, MN 55317 -7625 SIENNA CORP 4M VIKING DR #608 MINNEAPOUS, MN 55435 -5318 DONALD L & ESTHER EGGEBRECHT TRUSTEES OF TRUST 138 LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 JOHN D & MELANIE L RINGSTROM 126 LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 CHARLES CUDD U -C 275 MARKET ST #445 MINNEAPOUS. MN 55405 -1608 BEARPATH GOLF/COUNTRY CLB LP 4940 VIKING DR #608 EDINA MN 55435 DANIEL L & DARCI D MONSON 18707 BEARPATH TR EDEN PRAIRIE MN 55347 JOHN A BUSHEY 9000 LAKE RILEY RD EDEN PRAIRIE MN 55347 MARK T WAGNER/JANE E WAGNER 18743 BEARPATH TR EDEN PRAIRIE MN 55347 MID & WARREN BIELKE 18719 BEARPATH TR EDEN PRAIRIE MN 55347 ROBERT & NANCY COHEN 18683 BEARPATH TR EDEN PRAIRIE MN 55347 BEARPATH HOMEOWNERS ASCN INC CITY OF EDEN PRAIRIE C/O COMMUNITY DLVPT INC 8080 MITCHELL RD 7100 MADISON AVE W GOLDEN VALLEY MN 55427 EDEN PRAIRIE MN 55344 DAVID H & SUSAN E ROBERTS 18671 BEARPATH TR EDEN PRAIRIE MN 55347 JULIE MARIE TOLLEFSON 8964 ENGLISH TURN EDEN PRAIRIE MN 55347 MARY JO & BRUCE E CARLSON 8988 ENGLISH TURN EDEN PRAIRIE MN 55347 MN DEPT OF TRANSPORTATION DIRECTOR - RIGHT OF WAY ST PAUL MN 55155 RODNEY S WALLACE 18662 BEARPATH TR EDEN PRAIRIE MN 55347 DONALD G & VIRGINIA A EAMES 18755 BEARPATH TR EDEN PRAIRIE MN 55347 KENNETH M ROSS 8976 ENGLISH TURN EDEN PRAIRIE MN 55347 MICHAEL S MCVAY 18650 BEARPATH TR EDEN PRAIRIE MN 55347 ROBERT & NANCY A COHEN 18683 BEARPARTH TR EDEN PRAIRIE MN 55347 RONALD E & VIRGINIA A LUND 9002 RILEY LAKE RD EDEN PRAIRIE MN 55347 MR. PAUL BOZONIRE SCOTT& HEIDI FREDERIKSEN THOMAS & STEPHANIE DREES NORTH BAY HOMEOWNERS ASSOC INC 18626 BEARPATH TR 14727 BOULDER POINTE RD C/O NEW CONCEPTS MGMT GROUP EDEN PRAIRIE MN 55347 EDEN PRAIRIE MN 55347 4915 WEST 35' STREET #102 ST LOUIS PARK MN 55416 Public Hearing Notification Area (500 feet) Lakeside PUD Amendment Planning Case 07-23 City of Chanhassen �j Rice Marsh Lake < a: = M Z z 0 0 0 i 0 JECT ERTY R�I :R. 18) Lake Riley CX O� zo OX6 PISNEERengineering � CjVjL�GRJMM LAND�A�ERS �DSURVEYORS LANDS�ARCH=S � 2422 Enterprise Drive 201 85th Avenue N.W. Mendota Heights, MN 55120 Coon Rapids Office Coon Rapids, MN 55433 (651)681-1914 Fax:681-9488 (763) 783-1880 F=783-1883 0 25 50 100 I GRAPHIC SCALE IN FEET A� LOCATION MAP (SUBJECT PROPERTY HIGHLIGHTED IN YELLOW) LAKEVIEW MINOR PUD AMENDMENT REQUEST PLANNING CASE 2007-23 0 CM OF com Date: September 7, 2007 City of Chanhassen 7700 Market Boulevard 1AC) P.O. Box 147 46 Chanhassen, MN 55317 'C (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department V� Z.A-1- '51,1101 By: Robert Generous, Senior Planner Subject: LAKESIDE: Request for Minor PUD Amendment to adjust internal setback requirements from 20 feet to 15 feet. Applicant: Sienna Corporation. Planning Case: 07-23 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on August 31, 2007. The 60 -day review period ends October 30, 2007. fn order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on October 2, 2007 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than September 21, 2007. You may also appear at the Planning Cominission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. NIN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco MEMORANDUM TO: Bob Generous, Senior Planner FROM: Jenitt Mohn, Building Official DATE: September 11, 2007 SUBJ: Review of PUD amendment for "Lakeside" development. Planning Case: 07-23 I have reviewed proposed PUD amendement for the above subdivision and have the following conditions and comments: 1. There are no apparent building code issues with this proposed PUD amendment (it should be noted, however, that building walls within five (5) feet of a property line must be of one-hour fire -resistive constraction). G/plan/2007 Planning Cases/07-23 Lakeview PUD Amendmentfbuildingofficialconnnents.doc Cfff OF WHASSEN Date: September 7, 2007 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department By: Robert Generous, Senior Planner Subject: LAKESIDE: Request for Minor PUD Amendment to adjust internal setback requirements from 20 feet to 15 feet. Applicant: Sierma Corporation. Planning Case: 07-23 The above described application for approval of a land development proposal was filed with the Chanha sen Planning Department on August 31,2007. The 60 -day review period ends October 30,2007. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City council. This application is scheduled for consideration by the Chanhassen Planning Commission on October 2, 2007 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than September 21, 2007. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or SprintlUnited) 10. Electric Company (Xcel Energy or MN Valley) It. Mediacom 12. CenterPoint Energy Minnegasco LOCATION MAP (SUBJECT PROPERTY HIGHLIGHTED IN YELLOW) LAKEVIEW MINOR PUD AMENDMENT REQUEST PLANNING CASE 2007-23 PROPOSED LAKESIDE FO URTH ADDITION PLA T EXHIBIT I A -T- I I I A r-\ F--\ 1 7- 1 r F 7 J L-1 -T T- A I r -'N F- L r L- L- r C' A r r L L7 - A LI/ -T- F 7 A A V A L L J L11 L-1 2o .415 00 6 4�0040-00 07'24- 4�1204,3'27" 1 7 A 0) 1494,3 2 R=670. C) 0 M 48 .79 S00003'30"W z '0 a A 6' 244M 1165' 00"E 01T 9'54"E 7.6.07 0-20' SOO*20'00"E S01 009'1 8"E - T - - - - - - - - - - — - - - - - - - - - - - - - - - - -- t /��_ - - - - - — - --- - - - 125.28 - - - - - - - - - - - - - - - - - - z I 178-00 �7 �// Q IV S00*20'00"E 7X7 0 (6 Co 00 zo 45 1 1 1 1 G �A' k 0 G 460 *' I C�o -7 A 0 0 3 2 ;tC6 .10 Q, 0 4 3 0) %J 000) 00 0- 00 t3 -q- 00 Ld 0 0 V) 2 0 0 0) 03 F- Ln 00 21 ro 00 0 04 N00020'00"W 't. N00 -2u UU VV z 0) F 1 1 136.00 00 178.00 J L z 40 A F - "T r— — — — — — — — -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — I — — — — — — — — — — — — — — — — — — — — — — — — — — — -- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 30.00 ft UtiRy Easement in favor of Minnesota 0 UTLO T A Electric Cooperative created in Book 43 of Deeds, �0- '0�--00 Drainage & Utility Easement Pages 398-399, and modified by Doc. No. ab, (over all of OUTLOT A) 67379. 1(9 4� 716.42 N00020'00"W rNI F 7 Lj -/I Ll L�l L11 I \1 i v F 7 L -J /�-j/ v 190 PISNEERengineering CIVILENGINEERS LANDPLANNERS LANDSURVEYORS LANDSCAPEAROUTECrS PLATTING NOTES 1. Replat Lots 8-12, Block 2 and OUTLOT E, LAKESIDE, as Lots 1-7, Block 1, LAKESIDE FOURTH ADDITION. 2. Vacate all Drainage & Utility Easements over Lot 12, Block 2, LAKESIDE. 3. Lots 1-7, Block 2, LAKESIDE, will not be re -platted in LAKESIDE FOURTH ADDITION. GRAPHIC SCALE 30 0 15 30 IN FEET 1 inch = 30 Feet DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: (not to scale) being 10 feet in width and adjoining street lines unless otherwise indicated on the plat. 10 00 0 .c c PMNEERengineering C�req(]�S LANDPLANNERS L�DSLTIK�YORS �SCAFEARCWr= 2422 Enterprise Drive 201 85th Avenue N.W. Mendota Heights, MN 55120 Coon Rapids Office Coon Rapids, MN 55433 (651)681-1914 Fax:681-9488 (763) 783-1880 Fax:783-1883 0 25 50 100 GRAPHIC SCALE IN FEET X K, STAFF REPORT PROPOSAL: Request fQr MhWPUD Amendmqnt to: Mad* &i�7pal ;ta Wremen Zck ts from 20 feet to 15 feet. 044 A�trfvw,;� LC 84tAA44 <0e C:_ 7- S4444* -t -J. LOCATION: Northwest comer of Lyman Boulevard and Lakeview Road East APPLICANT: Sienna Corporation Attn: John Vogelbacker Op 4940 Viking Drive, #608 Nfinneapolis, MN 55435 (952) 994-2646 jvogelbacher@siennacorp.com PRESENT ZONING: Planned Unit Development — Residential (PUD -R) 2020 LAND USE PLAN: Residential — High Density ACREAGE: 26.3 acres DENSITY: Not Applicable SUMMIARY OF REQUEST: The developer is proposing an amendment to the Development Design Standards to allow a 15 -foot side yard setback between the townhouse units within the project. LEVEL OF CITY DISCRETION IN DECISION-MAIUNG: The City has a relatively high level of discretion in approving amendments to PUD's because the City is acting in its legislative or policy making capacity. A PUD amendment must be consistent with the City's Comprehensive Plan. Location Map Lakeside PUD Amendment Planning Case 07-23 City of Chanhassen Rice M irsh Lake ui ------Wz� Cn Zn cc Z z U. u- 0 0 SUBJECT PROPERTY vard mr Wevard Lake Riley Lakeside PUD Amendment Planning Case 2007-23 October 2, 2007 Page 2 of 8 PROPOSAUSUMMARY The applicant is requesting an amendment to the Development Design Standards for Lakeside to allow a 15 -foot, rather than a 20 -foot separation between the townhouse units. No additional dwelling units are being proposed, nor will the change substantially alter the approved site plan. The net result is shown in the preliminary site plan for Lakeside below. W�g C 5 .5 \r 'XC A', Al" Y A The proposed amendment, which would permit the development as originally proposed and which was found consistent with the City of Chanhassen Comprehensive Plan, is, therefore, consistent with the Comprehensive Plan. Throughout the development review approval process, the concentration of the developer was on the issue related to the impacts of the development on the eastern side of the project, adjacent to Bearpath golf course. Originally, the developer had requested a variance to permit a 30 -foot setback for the twin homes to the eastern project boundary. However, this variance was denied. The developer did not review the implications of the townhouse separation requirement relative to the wetland setback. By amending the setback between townhouses, the developer will be able to comply with the required wetland setback. A revised grading plan depicting the 15 -foot setback must be submitted. Staff does not anticipate any grading or drainage issues associated with the setback modification. Lakeside PUD Amendment Planning Case 2007-23 October 2, 2007 Page 3 of 8 There are no public utilities between these buildings. The developer is responsible for ensuring that any private utility between the building pads affected by the reduced setback are relocated accordingly. There are no apparent building code issues with this proposed PUD amendment. It should be noted, however, that building walls within five (5) feet of a property line must be of one-hour fire -resistive construction. The development already has this setback standard for the twin homes within Lakeside. Staff is recommending approval of the amendment to the Lakeside Development Design Standards. APPLICABLE REGUATIONS Chapter 20, Article 2, Division 2, Amendments Lakeside Design Standards BACKGROUND On August 13, 2007, the Chanhassen City Council approved the Final Plat for Lakeside Third Addition creating five outlots. Two outlots will be further developed (C and E), which must be submitted for final platting with lots and blocks prior to development. The remaining outlots (A, B and D) will be common open space. On January 8, 2007, the Chanhassen City Council approved the Final Plat for Lakeside Second Addition creating 39 lots and 3 outlots. The second phase of Lakeside consisted of 41 lots and I outlot. Seven of the lots were for Wooddale Builders, 32 of the lots were for Charles Cudd Company, 2 lots were for common open space and Outlot A was for future platting for building sites. On October 23, 2006, the Chanhassen City Council approved the Final Plat for Lakeside. The final plat approval for the first phase of Lakeside consisted of 18 lots, 10 outlots and right-of- way for public streets. The first phase of the development included the community building and storm water pond, I I lots for townhouses on the west side of the development (Wooddale Builders, Inc.), 4 lots for twin homes on the east side of the development (Charles Cudd Company), Outlot A which will contain the private street and utilities for the project, and Outlots I and J, the recreational beach lot site. The balance of the outlots, will be platted in the future for additional residential development. The developer performed a die subdivision improvements as part of the original plat. On July 24, 2006, the Chanhassen City Council approved the following: A. Rezoning of the property located within the Lakeside development, from lEgh Density Residential District (R12) to Planned Unit Development - Residential (PUD -R) incorporating the development design standards contained within the staff report subject to the final plat approval for the Lakeside development. Lakeside PUD Amendment Planning Case 2007-23 October 2, 2007 Page 4 of 8 B. Preliminary Plat for Lakeside. C. Site Plan for 231 housing units and a community building with pool, with a Variance for building height for the condominium units consistent with the Building elevations prepared by Harriss Architects. D. Conditional Use Permit for a recreational beach lot with a Variance from the requirement that 80 percent of the units be within 1,000 feet of the recreational beach lot Throughout the development review process, the City provided the developer with wetland requirements. The following information was included in the staff report for the subdivision. WETLANDS The wetland delineation for the subject site showed two wetland basins on site. The applicant applied for wetland exemptions on December 22, 2005 for both Wetland Basins A in the southwest comer of the development and B in the northwest comer of the development. On January 10, 2006, the City of Chanhassen issued an exemption decision for Wetland Basin A, a 0.03 acre, Type 3 wetland basin on the Lakeview lblls site. An incidental wetland exemption was issued for Wetland Basin A because the basin was found to be a constructed basin to maintain the drainage through the culvert under the historical driveway to Lakeview 11ills and previous farm field. City staff reviewed the as -built plans of record and determined that the structure near Wetland Basin B in the northwest comer of the development was an inlet and therefore was not contributing to the hydrology of the wetland. Review of the MG photographs submitted and Farm Service Agency (FSA) photographs at the Carver Soil and Water Conservation District revealed that the wetland area existed prior to the construction of the apartment complex (1963 I -HG Photo). The berm on the south side of the wetland allowed the City to rule out the possibility that storm water from the complex was being directed into Wetland Basin B. The berm on the north side of the wetland appears to have formed in the early 1970s with the excavation of part of Wetland Basin B to open water. In examining the photos, it appears the ditch to the north of the property stopped functioning between 1951 and 1957, about the time the wetland signatures in the photos become visible. Wetland Basin B has been in existence for more than 25 years and is therefore jurisdictional wetland that cannot be considered for incidental or drainage exemptions. City staff concluded that Wetland Basin B was not eligible for incidental or drainage exemptions. The application for an exemption for Wetland Basin B was denied on January 10, 2006. Wetland Basin B is a 0.75 acre, Type 3, ag/urban wetland in the northwest comer of the site. The wetland is dominated by sedges, reed canary grass, willow, red osier dogwood, and quaking aspen. A minimum buffer of 16.5 to 20 feet should be preserved around the perimeter of the welland. All structures (including parking lots) should maintain a 40 -foot setback from the wetland buffer. The proposed plans indicate encroachment of buildings in Lots 12 and 13, Block 2 into the Lakeside PUD Amendment Planning Case 2007-23 October 2, 2007 Page 5 of 8 wetland buffer setback. Buildings should be adjusted to maintain the wetland buffer setback. In addition, a trail behind Lots 12 and 13, Block 2 is routed through the wetland buffer and wetland buffer setback. The trail should be modified to remain outside the wetland buffer. Tbe retaining wall on Lots 12 and 13, Block 2 should also be located outside the wetland buffer. The plans should be revised to reflect the required wetland buffer and wetland buffer setback. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant should install wetland buffer edge signs before construction begins and must pay the City $20 per sign. A minimum buffer of 16.5 to 20 feet shall be preserved around the perimeter of the wetland. All structures (including parking lots) shall maintain a 40 -foot setback from the wetland buffer. All trails and retaining walls shall be modified to remain outside the wetland buffer. The plans shall be revised to reflect the required wetland buffer and wetland buffer setback. 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 before construction begins and shall pay the City $20 per sign. REZONING Changes to design standards are similar to an amendment to zoning district standards, since the PUD is the zoning of the property. DEVELOPMENT DESIGN STANDARDS Lakeside Development Standards a. Intent The purpose of this zone is to create a PUD for a mix housing type multi -family development. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted as listed below once a primary use has occupied the site. b. Permitted Uses The permitted uses in this zone shall be twin homes, townhouses, and three condominium buildings and their ancillary uses. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The type of uses to be provided on common areas shall be low -intensity neighborhood -oriented accessory structures to meet daily needs of residents. Such uses may include a bus shelter, community building, development signage, fountain, garden, gazebo, maintenance shed, picnic shelter, pool, playground equipment or tennis courts. Lakeside PUD Amendment Planning Case 2007-23 October 2, 2007 Page 6 of 8 C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. 'Me.entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. d. Building Materials and Design 1. Townhouses • Building height shall be limited to 35 feet. • Building exterior material shall be a combination of fiber -cement or vinyl siding or shake and brick or stone. • No two adjacent structures shall be of the same color scheme. • Colors used shall be varied across color tones. • All units shall utilize minimum timberline 30 -year asphalt shingles. • Each unit shall have a minimum of one overstory tree within its front landscape yard. • All mechanical equipment shall be screened with material compatible to the building, landscaping or decorative fencing. • Garage doors shall be decorative and have windows. 2. Community Clubhouse • Building height shall be limited to 35 feet. • Building exterior material shall be a combination of stone and stucco and fiber - cement. Setback Standards Highway 212 50 feet East(Perimeter) Lot Line 50 feet -townhouses/twin homes; Building Height — Condominiums with a minimum of 30 feet Lyman Boulevard 50 feett30 feet for beach lot West(Perimeter) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 20 feet Minimum Driveway length (to back of curb, trail or sidewalk) 25 feet Hard Surface Coverage 50 % * Weiland: Buffer and buffer setback W,& feet and3O feet Lake Mey 175 feet # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. 'Me.entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. d. Building Materials and Design 1. Townhouses • Building height shall be limited to 35 feet. • Building exterior material shall be a combination of fiber -cement or vinyl siding or shake and brick or stone. • No two adjacent structures shall be of the same color scheme. • Colors used shall be varied across color tones. • All units shall utilize minimum timberline 30 -year asphalt shingles. • Each unit shall have a minimum of one overstory tree within its front landscape yard. • All mechanical equipment shall be screened with material compatible to the building, landscaping or decorative fencing. • Garage doors shall be decorative and have windows. 2. Community Clubhouse • Building height shall be limited to 35 feet. • Building exterior material shall be a combination of stone and stucco and fiber - cement. Lakeside PUD Amendment Planning Case 2007-23 October 2, 2007 Page 7 of 8 * Natural cedar shakes roofing. 3. Condominium Building • Building height shall be limited to 48 feet. • Building exterior material shall be a combination of 80 percent or greater stone and brick. Accent and trim areas in fiber -cement lap siding and shake. • Roofing shall be a minimum timberline 30 -year asphalt shingles (pitched roofs). e. Signage Signage shall comply with city standards for Residential Districts. Landscaping Landscaping shall comply with the landscaping plan prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006. AWNDMENT Highlighted below (changes are shown in bold and strikethrough format) is the proposed change to the development design standard. C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. Setback Standards Highway 212 50 feet East(Perimeter) Lot Line 50 feet -townhouses/twin homes; Building Height — Condominiums with a minimum of 30 feet Lyman Boulevard 50 feet/30 feet for beach lot West (Perimeter) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 20 15 feet Mnimum Driveway length (to back of curb, trail or sidewalk) 25 feet u u 0 Surface Coverage 150 % KHard et1—=:d-1dE:u:�::er: and buffer setback 16.5 feet and 40 feet Lake Riley 75 feet # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. Lakeside PUD Amendment Planning Case 2007-23 October 2, 2007 Page 8 of 8 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion, adopt the attached findings of fact and recommendation and require that a revised grading plan depicting the 15 - foot setback be submitted: 'The Chanhassen Planning Commission recommends the City Council approve the amendment to the Planned Unit Development (PUD 06-26) development design standards section c. Setbacks, to read as follows: C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application 3. Reduced Copy Preliminary Site Plan 4. Reduced Copy Proposed Lakeside Fourth Addition Plat Exhibit 5. Hearing Affidavit, Public Hearing Notice and Mailing List &\pbn\2007 planning ��\07-23 lakmide pud �ndmmt\staff mport lakeside pud amendmentAm Setback Standards Highway 212 50 feet East(Perimeter) Lot line 50 feet -townhouses/twin homes; Building Height – Condominiums with a minimum of 30 feet Lyman Boulevard 50 feet/30 feet for beach lot West(Perimeter) Lot line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 15 feet Minimum Driveway length (to back of curb, trail or sidewalk) 25 feet I Hard Surface Coverage 50 % * Weiland: Buffer and buffer setback 26 QW3-Te—etan2341@2rfeet Lake Riley I 754e6t # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application 3. Reduced Copy Preliminary Site Plan 4. Reduced Copy Proposed Lakeside Fourth Addition Plat Exhibit 5. Hearing Affidavit, Public Hearing Notice and Mailing List &\pbn\2007 planning ��\07-23 lakmide pud �ndmmt\staff mport lakeside pud amendmentAm C]TY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, M]NNESCTA FINDINGS OF FACT AND RECOMMENDATION Application of Sienna Corporation for an amendment to the Planned Unit Development Design Standards. On October 2, 2007, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Sienna Corporation for an amendment to the Planned Unit Development Design Standards to allow a 15 -foot setback between townhouses. The Planning Commission conducted a public hearing on the proposed Planned Unit Development preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT I . The property is currently zoned Planned Unit Development — Residenti a], PUD -R. 2. The property is guided in the Land Use Plan for Residential — High Density. 3. The legal description of the property is Lakeside, Carver County, Minnesota. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b. The proposed use is or will be compatible with the present and future, land uses of the area. C. The proposed use conforms with all performance standards contained in the Zoning Ordinance with the granting of the variances outlined in the staff report. d. The proposed use will not tend to or actuafly 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. Traffic generation by the proposed use is within capabilities of streets serving the property- Planning Case No. 0-7 -ac-'p CITY OF CHANHASSEN effy OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 RECEIVED Chanhassen, MN 55317 — (952) 227-1100 AUG 3 1 2007 DEVELOPMENT REVIEW APPLICATION *mwmPL1hwGI)E" Applicant Name and Address: 5jc'�&�e� _C�ep. he- Gc> 6 Ll Cr 'to c_ /" 'e Is /" A-1 !i; Contact: 0." vaj�t Phone: %; 2 - '? q1t- 'zc-'fc Fax:(3sz_9_,w_ -7�ogr Email: jLre, �(� / iL� r 4@ !;,", � Owner Name and Address: Contact: Phone: Fax: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit ([UP) Non -conforming Use Permit Planned Unit Development' /4— A L,. Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment X Notification Sign – $200 (City to install and remove) X Escrow for Filing Fees/Attomey Cost" - $50 CUP/SPR/VACNARIWAP/Metes & Bounds - $450 Minor SUB TOTAL FEES 4 2,50 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Sixteen (16) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. 'Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED 5. The planning report #07-23 dated October 2, 2007, prepared by Robert Generous, et a], is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the amendment to the Planned Unit Development Design Standard section c. to allow a 15 foot setback between townhouses. ADOPTED by the Chanhassen Planning Commission this 2 nd day of October, 2007. CHANHASSEN PLANNING COMNESSION IM Its Chairman gAplan\2007 planning cas�\07-23 lak�ide pud anx�nd=nl\findings of factAm 2 PROJECT NAME: le'- < /' LOCATION: z,6 k!' (,. LEGAL DESCRIPTION: kr- s 2tf�* A ed, TOTAL ACREAGE: WETLANDS PRESENT: YES NO PRESENT ZONING: REQUESTED ZONING: 0 L� 0 PRESENT LAND USE DESIGNATION - REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: /" "�. I C- k� 'p- �'x t., -0-� - I-) c' tj � H. "� ZL C e � " � " -(- S � 5 S L'�� 0" -t- Z' L,,,e This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal- A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Of ADDIiCJJt/ of Fee 5/s 1/0? Dat� 4�)3 i 14f 2 r/ate SCANNED GApLANVorrns0evelopment Review ApplicalionDOC Rev. 12/05 I z 0 I " 'rl I Iit M Of PROPOSED LAKESIDE FO URTH ADDITION PLA T EXHIBIT I A D D 1 T 1 0 N' L A K E S 1 0 E T r i I R V IV -- — ----------------- 1 1 4. 14 Ar 1 S,7, ---- F L A K E S I D E Al K E IS 1 4c, IV r 71 I L— — — L — — — A I A V N — — — — — — — — — — — — — — — — — — — — — — — r------------- ---------- ----------------------------- ------------------- ----- 4 E j A I- I ---------------- ------------------- ----------- - -------- ---------- ---------- ------------------ OU71DT A I VVF?, r, a,", JRD I�Vl I IV, V I V�R I IF V DRAINAW MD UTIU� EA�m ME �Iom �us, PLA77MG NOTES 1. R=LZU 8� 2 voVI �OT E � as 1, �Dl PIONEERenginee,ing 3. L. 1-7. IIIVVI, Z � .1 wI . —;,,VtW � �C=,E M)IMM, SCANNED CITY OF CHANRASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) 1, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on September 20, 2007, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Lakeside Minor PUD Amendment — Planning Case 2007-23 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and swom to be 0 e me thigA016"'day of r _, 2007. otary Pu lic If-KJM I MEUIVPA�SSEN Notary �P!bllc-Minnesota M m= y I.. mmj J.=0 Y Commission ExOm.Lan 31.2MO Notice of Public Hearing Notice of Public Hearing Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 2, 2007 at 7:00 p.m. This hearing may not start until later In the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for Minor PUD Amendment to adjust internal setback Proposal: r uirements from 20 feet to 15 feet in the Lakeside Subdivision Applicant: Sienna Corporation Property North of Lake Riley Boulevard at Lake Ailey Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1 . Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments -are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sery/i)lan/07-23.htmI. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at boenerous@ci.chanhassen.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procodurs: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission, City ordinances require all property within 500 feet of the subject site to be notified of the application in writing, Any interested party is invited to attend the meeting, • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciavindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal, Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included In the report, please contact the Planning Staff person named on the notification. Date & Time: Tuesday, October 2, 2007 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Minor PUD Amendment to adjust internal setbac�__ Proposal: requirements from 20 feet to 15 feet in the Lakeside Subdivision— Applicant: Sienna Corporation Property North of Lake Riley Boulevard at Lake Riley Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1 . Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the Citys projects web page at: www.cl.chanhassen.mn.us/serv/i)lan/07-23.html. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at bqenerous@ci.chanhasson.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rennings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any Interested party Is Invited to attend the meeting, staff prepares a report on the subject application that Includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation, Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercialrindustrial. • Minnesota state statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard, Some applications due to their complexity may take several months to complete Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification, Flice ~ Lake LaW Plley This mae is neither a INally recounted mao her a suhrey and is net intended to be used as me. This map is a compilin,on of records, information and data located in various city, county, state and federal offices and other sources regarding the was sho�, and is to be used for reference purposes mly. The City does not �amarrt that the Seographic Informal System (GIS) Data usual to prepare this map am error has. and! Me City does not represent that Me CIS Data can be used for narrigational, trai or any Other Wmasa� requinni; ealcang Measurement of distance or direction or precision in the depiction of geographic features If earam or discrepancies am found please contact 952-227-1107. The preceefing disclaimer is prorrided pumumt to Unnesom Slaturtes §466.03, Subd. 21 (2000), and Me user of this Mill, aol,noWeooes that the City shall Am � liaNe for my clarnafies, and eVireausly waves, all claims, and agrees to defend, Indemnify, and hold harmess the City from my and ad claims amught by User, its "oyee,r or agents, or third parfies vi,lhich sales W of the usees accass or usx, of data pm�derl� Rea Wish Lake Lake Rley Ths mape is neither a legally recorded Map her a sunmy and is not intended to Ire used as, me This map is a comailation of records, informaron and data located in various C4, county, slato and fecleral offices and other sources, reffaming Me area shom, and is to be used for reference mimes, Wy, The City Was not wamarn that Me Geo,,ramlc Information System (GIS) Data used to prefoare this map am en-cr Mrs. antc! Me City does net mareseurt that Me G[S Data can fie used fe, na%ngahma, traclong, or my other numess, reouinng enalcung reswunament of distance ar direction or precision in Me defrictich of goofmPhic features 9 meta 0' diSeVenees am found Please contact 952-227-1107, The preceding declaimer is meided pamu,m to Nnm"a Staturters §4136.03. Solid, 21 (2000). and Me user of this min, ac"m�rfedges that the City shall not be lialabe for my damages and e�ressly �ver; of claims. and agrees to defend, indernitity, and held horniness Me City from my and all claim brougin by User. Its eh`PIOY� � agents, or third parties iiilhim anse out of ft awes moss, or are of data imuded. WALTER E KOTCH TONYA L BATES ALLEN C & SHARON R LINDNER 8757 NORTH BAY DR 8755 NORTH BAY DR 8753 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 MELISSA KAY BROWN CRAIG M SHAFFER SCOTT B & SHANNON MCWHITE 8751 NORTH BAY DR 8768 NORTH BAY DR 8772 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, IVIN 55317 -7624 CHANHASSEN, MN 55317 -7624 RENEE M EVANS TERI R HELLING LEE N GOLDSTEIN 8776 NORTH BAY DR 8780 NORTH BAY OR 8747 NORTH BAY DR CHANHASSEN, MN 65317 -7624 CHANHASSEN , MN 55317 -7624 CHANHASSEN, MN 55317 -7624 JEREMY LAUGHLIN & KRISTIN SEAL LYNN A BUCHHOLZ JEFFREY 13 MALLOW 8784 NORTH BAY DR 8744 NORTH BAY DR 8743 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 DIANE E HOFF EDWARD M RYAN & ROBERTMORROW& 8740 NORTH BAY DR ANDREA R SCHEFFLER BEVERLY MORROW CHANHASSEN, MN 55317 -7624 8732 NORTH BAY DR 8731 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 THOMAS C WITHAM RYAN A & JANE M WENNING KATHLEEN M LUCE 8727 NORTH BAY DR 72B4 ROLLING ACRES RD 165 LAKEVIEW RD E CHANHASSEN, MN 55317 -7624 EXCELSIOR, MN 55331 -T745 CHANHASSEN, MN 55317 -7625 CESAR C BECERRA & LEONARDA L LEDESMA BRANDY CHRISTENSEN VICTOR [A MARIA MORENO 8712 NORTH BAY DR 8711 NORTH BAY DR 8708 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 ROBERT& SUZANNE JANSSEN SALLY O'HALLORAN TIMOTHY R GILPIN 162 LAKEVIEW RD E 8707 NORTH BAY DR 8704 NORTH BAY DR CHANHASSEN, MN 55317 -7625 CHANHASSEN, MIN 55317 -7624 CHANHASSEN, MN 55317 -7624 DANIEL R & APRIL M WEIR KENTON C EXNER & MARGERY G SCHEIE 8703 NORTH BAY DR ROXY R MICKELSON TRUSTEE OF M G SCHEIE TRUST CHANHASSEN, MN 55317 -7624 8701 NORTH BAY DR 142 LAKEVIEW RD E CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7625 JAMES BENSON & NANCY G EVENSEN DEAN R BENSON TRUSTEE OF K R EVENSEN TRUST DAVID & LORI FREE 122 LAKEVIEW RD E 17683 BALLANTRAE CIR 58a5 SEAMANS DR CHANHASSEN, MIR 56317 -7625 EDEN PRAIRIE. MN 55347 -3435 SHOREWOOD, MN 55331 -8989 THOMAS W & JOANNE C CHAN JODY L ROGERS NANCY A SAMPSON 110 LAKEVIEW RD E 106 LAKEVIEW RD E 8765 NORTH BAY DR CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 65317 -7624 JASON R EIDE CAROLYN V MORIMITSU TINA A PENN 8761 NORTH BAY DR 8769 NORTH BAY DR 8759 NORTH BAY OR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 GARY R DEVAAN SUSAN M LETNER LESLIE M BERGSTROM 8773 NORTH BAY DR PO BOX 220 8781 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -0220 CHANHASSEN, MN 55317 -7624 MARK W LINDNER RACHEL WIDMER JOYCE A SENNETT 87155 NORTH BAY DR 8791 NORTH BAY DR 8789 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN , MN 55317 -7624 CHANHASSEN, MN 55317 -7624 MATTHEW J THILL MITCHELL S & CINDY L VENESS TIMOTHY P AMLIE 8790 NORTH BAY DR 8794 NORTH BAY DR 8796 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 MARY J BACHEL STEVEN L HAAGENSON JONATHAN D MUSBERGER 8739 NORTH BAY DR 8736 NORTH BAY DR 8735 NORTH BAY DR CHANHASSEN , MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 NORTH BAY HOMEOWNERS ASSN INC WAYNE E ANDERSON DONNA M LEONARD 2681 LONG LAKE RD 181 LAKEVIEW RD E 8728 NORTH BAY DR ROSEVILLE, MN 55113 -1128 CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7624 CAROLE K BASTASZ ANDREW & SARAH PUNCH BARBARA BERTRAM 179 LAKEVIEW RD E 8724 NORTH BAY DR 177 LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7625 NATHAN & HILARY TREGUSOFF TERRI LYNN BAUMBERGER JUDD C & SHIRLEY R MORGAN 8720 NORTH BAY DR 8719 NORTH SAY DR 161 LAKEVIEW RD E CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7625 ANTHONY C BELL CATHI M LEE KAREN L BRIGGS 8716 NORTH BAY DR 8715 NORTH BAY DR 157 LAKEVIEW RD E CHANHASSEN, MN 5S317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7625 BEVERLY ANN SPORRE DAVID C MAJOR 166 LAKEVIEW RD E 158 LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7625 MARY BETH MAKI JANET L NYDAHL 150 LAKEVIEW RD E 146 LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7625 ALBERTS& DOROTHY I KOCH GRACE B & MICHAEL J HAZZARD 134 LAKEVIEW RD E TRUSTEES OF G B HAZZARD TRUST CHANHASSEN, MN 55317 -7625 130 LAKEVIEW RD CHANHASSEN, MN 55317 -7625 STATE OF MINNESOTA - DOT METRO RIGHT OF WAY SIENNA CORP 1500 W COUNTY ROAD B2 4940 VIKING DR #608 ROSEVILLE, MN 55113 -3174 MINNEAPOLIS, MN 5W5 -5318 WOODDALE BUILDERS INC 5435 FELTL RD MINNETONKA, MN 55343 -7983 TARYJANEADAMS 154 LAKEVIEW RD E CHANHASSEN. MN 55317 -7625 DONALD L & ESTHER EGGEBRECHT TRUSTEES OF TRUST 138 LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 JOHN D & MELANIE L RINGSTROM 126 LAKEVIEW AD E CHANHASSEN, MN 56317 -7625 CHARLES CLOD LLC 275 MARKET ST #"5 MINNEAPOLIS. MN 55405 -1608 BEARPATH GOLF/COUNTRY CLI3 LP 4940 VIKING DR #608 EDINA MN 55435 DANIEL L & DARCI D MONSON 18707 BEARPATH TR EDEN PRAIRIE MN 55347 JOHN A BUSHEY 9000 LAKE RILEY RD EDEN PRAIRIE MN 55347 MARK T WAGNER/JANE E WAGNER 18743 BEARPATH TR EDEN PRAIRIE MN 55347 MID & WARREN BIELKE 18719 BEARPATH TR EDEN PRAIRIE MN 55347 ROBERT & NANCY COHEN 18683 BEARPATH TR EDEN PRAIRIE MN 55347 BEARPATH HOMEOWNERS ASCN INC CITY OF EDEN PRAIRIE C/O COMMUNITY DLVPT INC 8080 MITCHELL RD 7100 MADISON AVE W GOLDEN VALLEY MN 55427 EDEN PRAIRIE MN 55344 DAVID H & SUSAN E ROBERTS 18671 BEARPATH TR EDEN PRAIRIE MN 55347 JULIE MARIE TOLLEFSON 8964 ENGLISH TURN EDEN PRAIRIE MN 55347 MARY JO & BRUCE E CARLSON 8988 ENGLISH TURN EDEN PRAIRIE MN 55347 MN DEPT OF TRANSPORTATION DIRECTOR - RIGHT OF WAY ST PAUL MN 55155 RODNEY S WALLACE 18662 BEARPATH TR EDEN PRAIRIE MN 55347 SCOTT & HEIDI FREDERIKSEN THOMAS & STEPHANIE DREES 18626 BEARPATH TR 14727 BOULDER POINTE RD EDEN PRAIRIE MN 55347 EDEN PRAIRIE MN 55347 DONALD G & VIRGINIA A EAMES 18755 BEARPATH TR EDEN PRAIRIE MN 55347 KENNETH M ROSS 8976 ENGLISH TURN EDEN PRAIRIE MN 55347 MICHAEL S MCVAY 18650 BEARPATH TR EDEN PRAIRIE MN 55347 ROBERT & NANCY A COHEN 18683 BEARPARTH TR EDEN PRAIRIE MN 55347 RONALD E & VIRGINIA A LUND 9002 RILEY LAKE RD EDEN PRAIRIE MN 55347 Public Hearing Notification Area (500 feet) Lakeside PUD Amendment Planning Case 07-23 City of Chanhassen Rice Marsh Lake Z < U w 0 0 SUBJECT PROP ERTY Rd Lake Riley R. 18) Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, November 6, 2007 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers , 7700 Market Blvd. Request for Minor PUD Amendment to adjust internal setback Proposal: requirements from 20 feet to 15 feet and adjust the wetland setback consistent with current wetland setback requirements in the Lakeside Subdivision Applicant: Sienna Corporation Property North of Lake Riley Boulevind atiake Riley Drive Location: A location map is on the reverse side F this notice. The purpose of this public hearing is to inform you about the applicant's,request and to obtain input frorn'the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the Citys projects web page at: www.ci.chanhassen.mn.us/sery/plan/07-23.htmi. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at bqenerous@ci.chanhassen.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure; • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all perhne..t information and a recommendation, These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation Rezonings. land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallinclustrial. • Minnesota State Statute 519 99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for this ckV. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested persons). • Because the Planning Commisttion holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. _, SCANNED This arap is neither a legally recorded arm, nor a suivey and is not intended to be used as one This area is a coropilation at records, tafoortallon and data located in various city, county, state and feal offices and other sourciiis rnabling Me area sham, and Is to be used for reference purposes only. The C4ty does nor I,aarrant that the GeNraphic Inforrination System (GIS) Data used to prepare this rnap am error fres, and the City does not represent that Me GIS Data can be used (or nwigational. backing or my other purpose requinng emchng rnewurarrent all distance or direction or precision in the depiction of geo,,raphic features. If anaras or discrepancies am found please contact 952-227-1107 The preceffing declainner is crtnridedl pursuant to Minnesdo Statutes §4W.03, Sulad. 21 (2"), and the user of this notap aclotoMGdges that the City shall not be liable for my carriages, and expressly mi,es a claim. and agrees to delend. Internally. and hold baroness the City from any and all clairns brouight by User, its employees or agents, or third p at data poovided. n�iv"nwab 0 FM- I 'SEX vafd "'a M�—�. ,issen'Omn us rfECEIVED 1W NOV 0 1 2007 9 on, 049J82036654 $00.410 10/25/2007 fitafdFron, 55317 US POSTAGE I R� 'Oup AUX 111111tifil. 11.1. 1. ]1. Ill. I'llfillillill, 1.1 111 1 HII I IIIIIII 6"MMED Notice of Public Hearing 0'7,23 - Chanhassen Planning Commission Meeting Date & Time: Tuesday, November 6, 2007 at 7:00 P.M. This hearing may not -CO—cation start until later in the evening, depending on the order of the agenda. Hall Council Chambers, 7700 Market Blvd. -City Request for Minor PLID Amendment to adjust internal setback— Proposai: requirements from 20 feet to 15 feet and adjust the welland setback consistent with current wetland setback requirements in the Lakeside Subdivision Applicant: Sienna Corporation Property North of Lake Riley Boulevard at Lake Riley Drive Location: A location map is on the reverse side of this njilitice. The purpose of this public hearing is to inform you about the apollcant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the Droiect. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sery/plan/07-23.htmi. It you wish to talk to someone about this project, please contact Robert Questions & Generous by email at bclenerous@ci.chanhassen.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedum: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim uses, wetiand Alterations. Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm Or modify wholly or partly the Planning Commission's recommendation Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciavindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s) • Becziuse the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council If you wish to have something to be included in the report, please contact the Planning Staff person named on the notifixoation. SCANNED [0317—M-1 pTV 00 )rd 00 0611, 00,EP, 0 55317 omn.us 0 10 -0 10 *tol' INWIN Asom a, o This shap is neither a legally recorded map nor a sunmy and is no intended to be used as one. This mp is a comfoilation of records. Information and &is located in various city, county, state and federal offices and other sources regarcing the area sho�, and Is to he used for reference curOoses; cril, The City does not warrant that Offe, Geographic Information System (GIS) Data used to prepare this moo are error free, strict the City does no reoresent Offid the GIS Data can W used for navigational, hocking or any other puWe mooring exacting misasurament Or distance or direction or orecision in Me depiction of geographic features. If wrom or discrepancies am tofind plebes, contact 952-227-1107, The preceding disclaimer is prisrileci pursuant to rannessom Statues "M.03, Said. 21 (2000). and ft user of this map ii�inieefflgsis that am City shelf no be liable for any damages, and evressly eaves all claims and agrees to Word. inderrit and hold harmless the City from any and all claims brought by User, its ernploiners; or agents, Or third pj�g�.c.b A eps"V Vise of data p.idw 049JB2036654 $00.410 10/2512007 III From 55317 US POSTAGE RECEIVED OCT 3 1 2007 OITY OFCHI"4HASSEN MWHAEL S MGVAY ISV50 BEARPATH TR EDEN PRAIRIE MN 55347 II I I I.. I I I.,. I I. 1 1. 1 11. 11 1. 11111 1.. 1 1 i I I i I 1 1. 1. 1.1 1 11 11. 11.. 11 SCANNED Planning Case 2007-23 Lakeside PUD Amendment November 6, 2007 Plannine Commission SummM of Denial vote rationale At the PC meeting on 11/6/07 1 voted to deny approval of the amendment to the PUD c. Setbacks. My vote is contrary to the recommendation by staff and the other 6 PC members. There are 3 primary reasons I voted to deny. A summary explanation for those reasons follows: Variance or Amendment This is the main reason I voted for denial. The change in the PUD was brought forth as an amendment to the PUD. It should have been brought forth as a variance to the wetland buffer and buffer setback. The difference is subtle, however variances require meeting hardship requirements. I don't believe hardship requirements would be met with this request. And we wouldn't know unless the case is brought forth correctly. Side setbacks The amendment (variance) has the affect of narrowing the space between buildings. Although the 15 foot separation is the same as town homes in the same development, I am concerned we have a consistency issue for building spacing as compared to other zoning classifications. I understand in PUDs we make offsets in exchange for higher design standards. It is still a concern and deserves attention. Hard surface coverage We still don't know whether the 50% hard surface coverage requirement allowed under the PUD will be met for this development. I don't suspect the amendment (variance) will affect the outcome of this question. But it is important to limit the development to this standard, prior to the completion of the project. A lot of latitude has been given to this developer in the form of relaxation of zoning standards. I am concerned general market and economic pressures on this particular developer may cause them to cut comers on this development. The City may not get the level of design it sought in exchange for relation of standards. It may also not get any condo building as financing for these types of projects is virtually non-existent. This should be monitored closely. It doesn't appear that monitoring is happening as we still don't yet know whether the plans meet the 50% hard surface coverage requirrinent, and construction is well underway. Dan Keefe CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 11/05/2007 10:54 AM Receipt No. 0056214 CLERK: katie PAYEE: Sienna Corp Planning Case 07-23 ------------------------------------------------------- GIS List 279.00 Total Cash Check 37S96 Change ----------- 279.00 0.00 279.00 ----------- 0.00 6-1 -Z3 SCANNED City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 My OF (952) 227-1100 To: Mr. John Vogellbacher Sienna Corporation 4940 Viking Drive, Suite 608 Minneapolis, MN 55435 Invoice SAL SPERSON DATE TERMS KTM 9/20/07 upon recei p7t QUANTITY DESCRIPTION UNIT PRICE AMOUNT 93 Property Owners List within 500' of Lakeside (93 labels) $3.00 $279.00 TOTAL DUE $279.00 NOTE: This invoice is in accordance with the Development Review Application submitted to the City by the Addressee shown above (copy attached) and must be paid prior to the public hearin-Cl scheduled for October 2, 2007. Make all checks payable to: City of Chanhassen Please write the following code on your check: Planning Case #07-23. If you have any questions concerning this invoice, call: (952)-227-1107. THANK YOU FOR YOUR BUSINESS! C1 -'Z3 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) )ss. COUNTY OF CARVER ) 1, Karen J. Engelhardt, being first duly swom, on oath deposes that she is and was on September 20, 2007, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Lakeside Minor PUD Amendment — Planning Case 2007-23 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to befote me thig:9&day of &%Wr 2007. Notary Pu KI T 'UW "IN 0 M ��b inn7 JKN =t:7 11" ota c. '.. EMM J. 1. 2010 SCANNED Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 2, 2007 at 7:00 P.M. This hearing may not start until later In the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for Minor PUD Amendment to adjust internal setback Proposal: requirements from 20 feet to 15 feet in the Lakeside Subdivision Applicant: Sienna Corporation Property North of Lake Riley Boulevard at Lake Riley Drive Location: A location map Is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments -are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/plan/07-23.htmi. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at bqenerous@ci.chanhassen.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this Item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Weiland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commisston City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciavindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested personts) • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 2, 2007 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for Minor PUD Amendment to adjust internal setback Proposal: requireme ts from 20 feet to 15 feet in the Lakeside Subdivision Applicant: Sienna Corporation Property North of Lake Riley Boulevard at Lake Riley Drive Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1 * Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn-us/serv/i)lan/07-23.htmI. If you wish to talk to someone about this project, please contact Robert Generous by email at buenerous@ci.chanhassen.mn.us or by Questions & phone at 952-227-1131. If you ch Cosa to submit written Comments: comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciaVindustrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersontrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested parson(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. It you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. — FkaMNShLake Lake Filley This hi is neither a legally recondeal mass nor a surory and is not intended to the used w one. This MP is a corribilation of recorcts, information and data located in vanous city, county, state and weral offices and other sources regarding Me area shom, and is to tore used for reference puWses only. The City does not warrant that the Geographic Information System (GIS) Data used to swam this map am error free and the City does not represent that the GIS Data can be used for navigational, traclang or any other puifforse resfuining esacting measurement of distance or direction or precious in the "fiction of geographic features. If mon; or discrepancies am found please contact 952-n7-1107. lFhe preceding disclaimer is prmdad Itursuant to Minnesota Statutes §466.03, Subic. 21 (2000), and Me user of this melp w1mordedges that the City shall not e littNe for any damages, and expressly �yes all claims and agrees to defend, indemnity, and hold harmless the Oty from my and all defirm; brought by User, its erMloy.s or agents, or third paryes isOich anse out of the user's access or use of data provided. Fice Mersh Lake Like May This onev is neither . legally worded mato nor a sursey and is not intended to be used as one. This map is a comilation of records, mforonabon and data located in various city, county, state and federal officers and other sources regarding me area shom, and is to be usecl for reference pur,ifses only. The City Was, not ,iamant that the Geographic Information System (GIS) Data useci to prepare this ma, are error free, and! the City does hot represent that me GIS Data can be used for naviigational, traciding or any other purpotfe w,uirmq exacting measiumorrint of ifistance or direction or precision in the depictiom of geographic features If mom, or discrepartiness am found please confault 952-227-1107 The preceding disclaimer is prooded pursuant to Minnesota Statutes §466.03, Subd� 21 (2000). and the user of this map acknoWedges that the City shall not ris, fiable for any damages, and exonessly vanies all claims. and agrees to cletend, indemnify, and food harmless the Crty from my and all claim brought by User. its effibloyme or agents or third! omma vrhiCh sow W of the user's access or use of data prosvided, WALTER E KOTCH TONYA L BATES ALLEN C & SHARON R LINDNER 8757 NORTH BAY DR 8755 NORTH BAY DR 8753 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 MELISSA KAY BROWN CRAIG M SHAFFER SCOTT B & SHANNON MCWHITE 8751 NORTH BAY DR 8768 NORTH BAY DR 8772 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN. MN 55317 -7624 CHANHASSEN, MN 55317 -7624 RENEE M EVANS TERI R HELLING LEE N GOLDSTEIN 8776 NORTH BAY DR 8780 NORTH BAY DR 8747 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 56317 -7624 CHANHASSEN, MN 55317 -7624 JEREMY LAUGHLIN & LYNN A BUCHHOLZ JEFFREY R MALLOW KRISTIN SEAL 8744 NORTH BAY DR 8743 NORTH BAY DR 8784 NORTH SAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 DIANE E HOFF EDWARD M RYAN & ROBERT MORROW & 8740 NORTH BAY DR ANDREA R SCHEFFLER BEVERLY MORROW CHANHASSEN, MN 55317 -7624 8732 NORTH BAY DR 8731 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 THOMAS C WITHAM RYAN A & JANE M WENNING KATHLEEN M LUCE 8727 NORTH BAY DR 7284 ROLLING ACRES RD 165 LAKEVIEW RD E CHANHASSEN, MN 55317 -7624 EXCELSIOR. MN 55331 -7745 CHANHASSEN. MN 55317 -7625 CESAR C BECERRA & BRANDY CHRISTENSEN VICTORIA MARIA MORENO LEONARDA L LEDESMA 8711 NORTH BAY DR 8708 NORTH BAY DR 8712 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN. MN 55317 -7624 CHANHASSEN, MN 55317 -7624 ROBERT & SUZANNE JANSSEN SALLY O'HALLORAN TIMOTHY R GILPIN 162 LAKEVIEW RD E 8707 NORTH BAY DR 8704 NORTH BAY DR CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 DANIEL R & APRIL M WEIR KENTON C EXNER & MARGERY G SCHEIE 8703 NORTH BAY DR ROXY R MICKELSON TRUSTEE OF M G SCHEIE TRUST CHANHASSEN, MN 55317 -7624 8701 NORTH BAY DR 142 LAKEVIEW RD E CHANHASSEN. MN 55317 -7624 CHANHASSEN, MN 55317 -7625 JAMES BENSON & NANCY G EVENSEN DAVID & LORI FREE DEAN R BENSON TRUSTEE OF K R EVENSEN TRUST 5885 SEAMANS DR 122 LAKEVIEW RD E 17683 BALLANTRAE CIR SHOREWOOD, MN 55331 -8989 CHANHASSEN, MN 55317 -7625 EDEN PRAIRIE. MN 55347 -3435 THOMAS W & JOANNE C CHAN JODY L ROGERS NANCY A SAMPSON 110 LAKEVIEW RD E 106 LAKEVIEW RD E 8765 NORTH BAY DR CHANHASSEN, MN 55317 -7625 CHANHASSEN. MN 55317 -7625 CHANHASSEN. MN 55317 -7624 JASON R EIDE CAROLYN V MORIMITSU TINA A PENN 8761 NORTH SAY DR 8769 NORTH BAY DR 8759 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 GARY R DEVAAN SUSAN M LETNER LESLIE M BERGSTROM 8773 NORTH BAY DR PO BOX 220 8781 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -0220 CHANHASSEN, MN 55317 -7624 MARK W LINDNER RACHEL WIDMER JOYCE A BENNETT 8785 NORTH BAY DR 8791 NORTH BAY DR 8789 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN. MN 55317 -7624 CHANHASSEN. MN 55317 -7624 MATTHEW J THILL MITCHELL S & CINDY L VENESS TIMOTHY P AMLIE 8790 NORTH BAY DR 8794 NORTH BAY DR 8796 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 MARY J BACHEL STEVEN L HAAGENSON JONATHAN D MUSBERGER 8739 NORTH BAY DR 8736 NORTH BAY DR 8735 NORTH BAY DR CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 NORTH BAY HOMEOWNERS ASSN INC WAYNE E ANDERSON DONNA M LEONARD 2681 LONG LAKE RD 181 LAKEVIEW RD E 8728 NORTH BAY DR ROSEVILLE, MN 55113 -1128 CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7624 CAROLE K BASTASZ ANDREW & SARAH PUNCH BARBARA BERTRAM 179 LAKEVIEW RD E 8724 NORTH BAY DR 177 LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 CHANHASSEN. MN 55317 -7624 CHANHASSEN. MN 55317 -7625 NATHAN & HILARY TREGUBOFF TERRI LYNN BAUMBERGER JUDD C & SHIRLEY R MORGAN 8720 NORTH BAY DR 8719 NORTH BAY DR 161 LAKEVIEW ROE CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN, MN 55317 -7625 ANTHONY C BELL CATHI M LEE KAREN L BRIGGS 8716 NORTH BAY DR 8715 NORTH BAY DR 157 LAKEVIEW RD E CHANHASSEN, MIN 5S317 -7624 CHANHASSEN, MN 55317 -7624 CHANHASSEN. MN 55317 -7625 BEVERLY ANN SPORRE DAVID C MAJOR 166 LAKEVIEW RD E 158 LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 CHANHASSEN. MN 55317 -7625 MARY BETH MAKI JANET L NYDAHL 150 LAKEVIEW RD E 146 LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 CHANHASSEN, MN 55317 -7625 ALBERT S & DOROTHY I KOCH GRACE B & MICHAEL J HAZZARD 134 LAKEVIEW RD E TRUSTEES OF G B HAZZARD TRUST CHANHASSEN, MN 55317 -7625 130 LAKEVIEW RD CHANHASSEN, MN 55317 -7625 STATE OF MINNESOTA - DOT SIENNAGORP METRORIGHTOFWAY 4W VIKING DR #608 1500 W COUNTY ROAD B2 MINNEAPOLIS, MN 55435 -5318 ROSEVILLE, MIN 55113,3174 WOODDALE BUILDERS INC 5435 FELTL RD MINNETONKA, MN 55M -7983 TARY JANE ADAMS 154 LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 DONALD L & ESTHER EGGEBRECHT TRUSTEES OF TRUST 138 LAKEVIEW RD E CHANHASSEN. MN 55317 -7625 JOHN D & MELANIE L RINGSTROM 126 LAKEVIEW RD E CHANHASSEN, MN 55317 -7625 CHARLES CLOD LLC 275 MARKET ST #445 MINNEAPOLIS, MN 55405 -1608 BEARPATH GOLF/COUNTRY CLB LP BEARPATH HOMEOWNERS ASCN INC CITY OF EDEN PRAIRIE 4940 VIKING DR #608 C/O COMMUNITY DLVPT INC 8080 MITCHELL RD EDINA MN 55435 7100 MADISON AVE W EDEN PRAIRIE MN 55344 GOLDEN VALLEY MN 55427 DANIEL L & DARCI D MONSON 18707 BEARPATH TR EDEN PRAIRIE MN 55347 JOHN A BUSHEY 9000 LAKE RILEY RD EDEN PRAIRIE MN 55347 MARK T WAGNER/JANE E WAGNER 18743 BEARPATH TR EDEN PRAIRIE MN 55347 MID & WARREN BIELKE 18719 BEARPATH TR EDEN PRAIRIE MN 55347 ROBERT & NANCY COHEN 18683 BEARPATH TR EDEN PRAIRIE MN 55347 SCOTT & HEIDI FREDERIKSEN 18626 BEARPATH TR EDEN PRAIRIE MN 55347 DAVID H & SUSAN E ROBERTS 18671 BEARPATH TR EDEN PRAIRIE MN 55347 JULIE MARIE TOLLEFSON 8964 ENGLISH TURN EDEN PRAIRIE MN 55347 MARY JO & BRUCE E CARLSON 8988 ENGLISH TURN EDEN PRAIRIE MN 55347 MN DEPT OF TRANSPORTATION DIRECTOR - RIGHT OF WAY ST PAUL MN 55155 RODNEY S WALLACE 18662 BEARPATH TR EDEN PRAIRIE MN 55347 THOMAS & STEPHANIE DREES 14727 BOULDER POINTE RD EDEN PRAIRIE MN 55347 DONALD G & VIRGINIA A EAMES 18755 BEARPATH TR EDEN PRAIRIE MN 55347 KENNETH M ROSS 8976 ENGLISH TURN EDEN PRAIRIE MN 55347 MICHAEL S MCVAY 18650 BEARPATH TR EDEN PRAIRIE MIN 55347 ROBERT & NANCY A COHEN 18683 BEARPARTH TR EDEN PRAIRIE MN 55347 RONALD E & VIRGINIA A LUND 9002 RILEY LAKE RD EDEN PRAIRIE MN 55347 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 07-23 -NOTICE IS HEREBY GIVEN that the Chanhassen Planning Comnussionwillholdapublichearmg on Tuesday, November 6,2007, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for Minor PUD Amendmenttoadjustinternalsetback requirements from 20 feet to 15 feet and adjust the wetland setback consistent with current wetland setbackrequirementsm theLakeside Subdivision. Applicant: Sienna Corporation. Aplan showingthelocationafthe proposal is availableforpubBereview on the City's Web site at www.ci.chanhassen.mn.us/serv/ plan/07-23,html orat City Hall during regularbusinesshours. All interested persons are invited to attend this public hearing and express their opinionswithrespeetto thisproposal. Robert Generous, Senior Planner Email: bgenermasGwci.chanhassen.mn.us Phone: 952-227- 1131 (PublishedintheChanhassenVillager on Thursday, October 25, 2007; No. 4975) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 33 IA.02, 33 1 A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopqrstuvwxyz Subscribed and sworn before me on Laurie A. Hartmann this 2�6ay Of 2007 OWEN M, RADUENZ NOTAIRY PUBLC k� Cowasim bqwestw. 31,201 Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space .... S40.00 percolurnn inch Maximum rate allowed by law for the above matter ............................... S40.00 per column inch Rate actually charged for the above matter .............................................. $11.89 percolumn inch SCANNED 67-13 CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 07-23 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, November 6, 2007, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for Minor PUD Amendment to adjust internal setback requirements from 20 feet to 15 feet and adjust the wetland setback consistent with current wetland setback requirements in the Lakeside Subdivision. Applicant: Sienna Corporation. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/Frv/�lan/07-23.htnil or at City Hall during regular business hours. All interested persons arr- invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenerous@ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on October 25, 2007) 5CANNED PROPOSED LAKESIDE FO URTH ADDITION PLA T EXHIBIT A F- I F\ F- A F'� F"\ 1 F 7 —T 7— A L r L7— L— A L r >/ A t\ I F� -T- I I F-� 1-7 L/ 4/ A A V L A F-� F-\ 74o iY-' :26 -z-Z'> 33 0 2o 0 00 �0 0 A 1?0�9204� 0 P 4�1204327- 31 8 L 4-4 2 14 R -67o oo .420.()() Do 148.79 S00003'30"W lz 107 .9 244.96 111Z� �'o 'D - -7716uc�o:�.— . . 01.� 5og� SOO*20'00"E �48'09'54-E 6§7 1-0918-E — — — — — — — — — — — — — — — — — — — -- t — — — — — — — — — — — 125.28 178.00 S00020'00"E 0 7 *0 0 a Vx� LLJ 0 00 0 P0 0 ' I I I K/ G G .4o ve .-0 -7 A tA 01 c) 06 0 Cb 3 2 160v- t- ;t 0 oo 00 0 0 a) (3) 0 00 00 LL] (A :z 0 0 00 r U) 00 LO Ln L L- qr� 01 00 2 N00 -2u Ou VY N00020'00"W z 0) F 178.00 136.00 00 z 40 A F- L r L11 L — — — — — — — — — — — — — — — — — — — — — — -- — �zb!�� --------------------------------------------------------------------------- 30.00 ft Utility Easement in favor of Minnesota OUTLOT A Electric Cooperative created in Book 43 of Deeds, 0 n 1� �0&--00 Pages 398-399, and modified by Doc. No. L71,13 , Drainage & Utility Easement z �Pn.�k 00 . " (over all of OUTLOT A) 67379. z \A, 0-5,6 0 zM/000 716.42 NOO*20'00"W -T- I I A A F-� F-\ I -T- -T- A A r--\ r-'\ I -T- I N i r7 C, /-1 .11 L11 /—k L'I L'I / / / F7 /—\ I - / v L -J /—% L -J LJ / I / I \J 60 J PIONEERengineering CIVILENGINEERS LANDPLANNFRS LANDSURVEYORS LANDSCAPE AROUTEM PLATTING NOTES 1. Replat Lots 8-12, Block 2 and OUTLOT E, LAKESIDE, as Lots 1-7, Block 1, LAKESIDE FOURTH ADDITION. 2. Vacate all Drainage & Utility Easements over Lot 12, Block 2, LAKESIDE. 3. Lots 1-7, Block 2, LAKESIDE, will not be re -platted in LAKESIDE FOURTH ADDITION. -------7777-7---R 4e. � GRAPHIC SCALE 30 0 15 30 IN FEET I inch - 30 Feet DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: (not to scale) being 10 feet in width and adjoining street lines unless otherwise indicated on the plat. CITY OF CHANHASSEN P 0 BOX 147 CHANHASSEN MN 55317 09/07/2007 11:57 AM Receipt No. 0051091 CLERK: katie PAYEE: Sienna Corp Planning Case 07-23 Lakeside Minor PUD Amendment ------------------------------------------------------- Use & Variance 300.00 Recording Fees 50.00 Total Cash Check 37469 Change ----------- 350.00 0.00 350.00 ----------- 0.00 SCANNED ONO 04 00 STAFF REPORT PROPOSAL: Request for Minor PUD Amendment to adjust internal setback requirements fi-orn 20 feet to 15 feet. LOCATION: Northwest comer of Lyman Boulevard and Lakeview Road East APPLICANT: Sienna Corporation Attn: John Vogelbacker Op 4940 Viking Drive, #608 Minneapolis, NIN 55435 (952) 994-2646 jvogelbacher@siennacorp.com PRESENT ZONING: Planned Unit Development — Residential (PUD -R) 2020 LAND USE PLAN: Residential — High Density ACREAGE: 26.3 acres DENSITY: Not Applicable SUMMARY OF REQUEST: The developer is proposing an amendment to the Development Design Standards to allow a 15 -foot side yard setback between the townhouse units within the project. LEVEL OF CITY DISCRETION IN DECISION-MAIUNG: The City has a relatively high level of discretion in approving amendments to PUD's because the City is acting in its legislative or policy making capacity. A PUD amendment must be consistent with the City's Comprehensive Plan. SCANNED Location Map Lakeside PUD Amendment Planning Case 07-23 City of Chanhassen Rice Marsh Lake Cn cc Z z w 0 ui U. 0 u- 0 Z3 5 — - - - - - - - - - - - - SUBJECT PROPERTY ,e,o\�\eqard a uWvard Lake Riley Lakeside PUD Amendment Planning Case 2007-23 October 2, 2007 Page 2 of 8 PROPOSAUSUNMURY The applicant is requesting an amendment to the Development Design Standards for Lakeside to allow a 15 -foot, rather than a 20 -foot separation between the townhouse units. No additional dwelling units are being proposed, nor will the change substantially alter the approved site plan. The net result is shown in the preliminary site plan for Lakeside below. The proposed amendment, which would perrnit the development as originally proposed and which was found consistent with the City of Chanhassen Comprehensive Plan, is, therefore, consistent with the Comprehensive Plan. Throughout the development review approval process, the concentration of the developer was on the issue related to the impacts of the development on the eastern side of the project, adjacent to Bearpath golf course. Originally, the developer had requested a variance to pennit a 30 -foot setback for the twin homes to the eastern project boundary. However, this variance was denied. The developer did not review the implications of the townhouse separation requirement relative to the wetland setback. By amending the setback between townhouses, the developer will be able to comply with the required wetland setback. A revised grading plan depicting the 15 -foot setback must be submitted. Staff does not anticipate any grading or drainage issues associated with the setback modification. Lakeside PUD Amendment Planning Case 2007-23 October 2, 2007 Page 3 of 8 There are no public utilities between these buildings. The developer is responsible for ensuring that any private utility between the building pads affected by the reduced setback are relocated accordingly. There are no apparent building code issues with this proposed PUD amendment. It should be noted, however, that building walls within five (5) feet of a property line must be of one-hour fire -resistive construction. The development already has this setback standard for the twin homes within Lakeside. Staff is recommending approval of the amendment to the Lakeside Development Design Standards. APPLICABLE REGUATIONS Chapter 20, Article 2, Division 2, Amendments Lakeside Design Standards BACKGROUND On August 13, 2007, the Chanhassen City Council approved the Final Plat for Lakeside Third Addition creating five outlots. Two outlots will be further developed (C and E), which must be submitted for final platting with lots and blocks prior to development. The remaining outlots (A, B and D) will be common open space. On January 8, 2007, the Chanhassen City Council approved the Final Plat for Lakeside Second Addition creating 39 lots and 3 outlots. The second phase of Lakeside consisted of 41 lots and I outlot. Seven of the lots were for Wooddale Builders, 32 of the lots were for Charles Cudd Company, 2 lots were for common open space and Outlot A was for future platting for building sites. On October 23, 2006, the Chanhassen City Council approved the Final Plat for Lakeside. The final plat approval for the first phase of Lakeside consisted of 18 lots, 10 outlots and right-of- way for public streets. The first phase of the development included the community building and storm water pond, I I lots for townhouses on the west side of the development (Wooddale Builders, Inc.), 4 lots for twin homes on the east side of the development (Charles Cudd Company), Outlot A which will contain the private street and utilities for the project, and Outlots I and J, the recreational beach lot site. The balance of the outlots will be platted in the future for additional residential development. The developer performed all the subdivision improvements as part of the original plat. On July 24, 2006, the Chanhassen City Council approved the following: A. Rezoning of the property located within the Lakeside development, from ffigh Density Residential District (R12) to Planned Unit Development - Residential (PUD -R) incorporating the development design standards contained within the staff report subject to the final plat approval for the Lakeside development. Lakeside PUD Amendment Planning Case 2007-23 October 2, 2007 Page 4 of 8 B. Preliminary Plat for Lakeside. C. Site Plan for 231 housing units and a community building with pool, with a Variance for building height for the condominium units consistent with the Building elevations prepared by Harriss Architects. D. Conditional Use Permit for a recreational beach lot with a Variance from the requirement that 80 percent of the units be within 1,000 feet of the recreational beach lot Throughout the development review process, the City provided the developer with wetland requirements. The following information was included in the staff report for the subdivision. WETLANDS The wetland delineation for the subject site showed two wetland basins on site. The applicant applied for wetland exemptions on December 22, 2005 for both Wetland Basins A in the southwest comer of the development and B in the northwest comer of the development. On January 10, 2006, the City of Chanhassen issued an exemption decision for Wetland Basin A, a 0.03 acre, Type 3 wetland basin on the Lakeview Mils site. An incidental wetland exemption was issued for Wetland Basin A because the basin was found to be a constructed basin to maintain the drainage through the culvert under the historical driveway to Lakeview Mls and previous farm field. City staff reviewed the as -built plans of record and determined that the structure near Wetland Basin B in the northwest comer of the development was an inlet and therefore was not contributing to the hydrology of the wetland. Review of the IHG photographs submitted and Farm Service Agency (FSA) photographs at the Carver Soil and Water Conservation District revealed that the wetland area existed prior to the construction of the apartment complex (1963 HIG Photo). The berm on the south side of the wetland allowed the City to rule out the possibility that storm water from the complex was being directed into Wetland Basin B. The berm on the north side of the wetland appears to have formed in the early 1970s with the excavation of part of Weiland Basin B to open water. In examining the photos, it appears the ditch to the north of the property stopped functioning between 1951 and 1957, about the time the wetland signatures in the photos become visible. Wetland Basin B has been in existence for more than 25 years and is therefore jurisdictional wetland that cannot be considered for incidental or drainage exemptions. City staff concluded that Wetland Basin B was not eligible for incidental or drainage exemptions. The application for an exemption for Wetland Basin B was denied on January 10, 2006. Wetland Basin B is a 0.75 acre, Type 3, agturban wetland in the northwest comer of the site. The wetland is dominated by sedges, reed canary grass, willow, red osier dogwood, and quaking aspen - A minimum buffer of 16.5 to 20 feet should be preserved around the perimeter of the wetland. All structures (including parking lots) should maintain a 40 -foot setback from the wetland buffer. The proposed plans indicate encroachment of buildings in Lots 12 and 13, Block 2 into the Lakeside PUD Amendment Planning Case 2007-23 October 2, 2007 Page 5 of 8 welland buffer setback. Buildings should be adjusted to maintain the wetland buffer setback. In addition, a trail behind Lots 12 and 13, Block 2 is routed through the wetland buffer and wetland buffer setback. The trail should be modified to remain outside the wetland buffer. The retaining wall on Lots 12 and 13, Block 2 should also be located outside the wetland buffer. The plans should be revised to reflect the required wetland buffer and wetland buffer setback. Weiland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant should install wetland buffer edge signs before construction begins and must pay the City $20 per sign. A minimum buffer of 16.5 to 20 feet shall be preserved around the perimeter of the wetland. All structures (including parking lots) shall maintain a 40 -foot setback from the wetland buffer. All trails and retaining walls shall be modified to remain outside the wetland buffer. The plans shall be revised to reflect the required wetland buffer and wedand buffer setback. Weiland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs before construction begins and shall pay the City $20 per sign. Changes to design standards are similar to an amendment to zoning district standards, since the PUD is the zoning of the property. DEVELOPMENT DESIGN STANDARDS Lakeside Development Standards a. Intent The purpose of this zone is to create a PUD for a mix housing type multi -family development. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted as listed below once a primary use has occupied the site. b. Permitted Uses The permitted uses in this zone shall be twin homes, townhouses, and three condominium buildings and their ancillary uses. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The type of uses to be provided on common areas shall be low -intensity neighborhood -oriented accessory structures to meet daily needs of residents. Such uses may include a bus shelter, community building, development signage, fountain, garden, gazebo, maintenance shed, picnic shelter, pool, playground equipment or tennis courts. Lakeside PUD Amendment Planning Case 2007-23 October 2, 2007 Page 6 of 8 C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. d. Building Materials and Design 1. Townhouses • Building height shall be limited to 35 feet. • Building exterior material shall be a combination of fiber -cement or vinyl siding or shake and brick or stone. • No two adjacent structures shall be of the same color scheme. • Colors used shall be varied across color tones. • All units shall utilize minimum timberline 30 -year asphalt shingles. • Each unit shall have a minimum of one overstory tree within its front landscape yard- • All mechanical equipment shall be screened with material compatible to the building, landscaping or decorative fencing. • Garage doors shall be decorative and have windows. 2. Community Clubhouse • Building height shall be limited to 35 feet. • Building exterior material shall be a combination of stone and stucco and fiber - cement. Setback Standards Highway 212 50 feet East(Perimeter) Lot Line 50 feet -townhouses/twin homes; Building Height — Condominiums with a minimum of 30 feet Lyman Boulevard 50 feet/30 feet for beach lot West(Perimeter) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 20 feet Nnimum Driveway length (to back of curb, trail or sidewalk) 25 feet Hard Surface Coverage 50 % * Wetland: Buffer and buffer setback 16.5 feet and 40 feet Lake Riley 75 feet # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. d. Building Materials and Design 1. Townhouses • Building height shall be limited to 35 feet. • Building exterior material shall be a combination of fiber -cement or vinyl siding or shake and brick or stone. • No two adjacent structures shall be of the same color scheme. • Colors used shall be varied across color tones. • All units shall utilize minimum timberline 30 -year asphalt shingles. • Each unit shall have a minimum of one overstory tree within its front landscape yard- • All mechanical equipment shall be screened with material compatible to the building, landscaping or decorative fencing. • Garage doors shall be decorative and have windows. 2. Community Clubhouse • Building height shall be limited to 35 feet. • Building exterior material shall be a combination of stone and stucco and fiber - cement. Lakeside PUD Amendment Planning Case 2007-23 October 2, 2007 Page 7 of 8 e Natural cedar shakes roofing. 3. Condominium Building • Building height shall be limited to 48 feet. • Building exterior material shall be a combination of 80 percent or greater stone and brick. Accent and trim areas in fiber -cement lap siding and shake. • Roofing shall be a minimum timberline 30 -year asphalt shingles (pitched roofs). e. Signage Signage shall comply with city standards for Residential Districts. E Landscaping Landscaping shall comply with the landscaping plan prepared by Pioneer Engineering, dated May 19, 2006, revised June 7, 2006. AMENDMENT Highlighted below (changes are shown in bold and strikethrough format) is the proposed change to the development design standard. C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. Setback Standards Highway 212 50 feet East(Perimeter) Lot Line 50 feet -townhouses/twin homes; Building Height — Condominiums with a minimum of 30 feet Lyman Boulevard 50 feet/30 feet for beach lot West (Perimeter) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 2-0 15 feet Minimum Driveway length (to back of curb, trail or sidewalk) 25 feet Hard Surface Coverage 50 % * I Wetland: Buffer and buffer setback 16.5 feet and 40 feet d Lake Riley 175 feet # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. Lakeside PUD Amendment Planning Case 2007-23 October 2, 2007 Page 8 of 8 RECOMMENDATION Staff recommends that the Planning Commission adopt the following motion, adopt the attached findings of fact and recommendation and require that a revised grading plan depicting the 15 - foot setback be submitted: "The Chanhassen Planning Commission recommends the City Council approve the amendment to the Planned Unit Development (PUD 06-26) development design standards section c. Setbacks, to read as follows: C. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application 3. Reduced Copy Preliminary Site Plan 4. Reduced Copy Proposed Lakeside Fourth Addition Plat Exhibit 5. Hearing Affidavit, Public Hearing Notice and Mailing List &.\pbn\2OOr7 pL�ning c�\07-23 bkwide pud amend�Astaff repoft lak�ide pud amendment.d� Setback Standards Highway 212 50 feet East(Perimeter) Lot Line 50 feet -townhouses/twin homes; Building Height — Condominiums with a minimum of 30 feet Lyman Boulevard 50 feet/30 feet for beach lot West(Perimeter) Lot Line 50 feet Twin Home separation between buildings 15 feet Townhouse separation between buildings 15 feet Minimum Driveway length (to back of curb, trail or sidewalk) 25 feet Hard Surface Coverage 150 % * Welland: Buffer and buffer setback 16.5 feet and 40 feet Lake Riley 75 feet # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. The entire development, including the public and private streets and Outlots, may not exceed 50 percent hard coverage. Individual lots will exceed the 50 percent site coverage. ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application 3. Reduced Copy Preliminary Site Plan 4. Reduced Copy Proposed Lakeside Fourth Addition Plat Exhibit 5. Hearing Affidavit, Public Hearing Notice and Mailing List &.\pbn\2OOr7 pL�ning c�\07-23 bkwide pud amend�Astaff repoft lak�ide pud amendment.d� 5317014747 01 CITY OF CHANHASSEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 ssen.mn.us 09/2s/0,7 Ths mp is neither a legally worded mp nor a sumey and Is not Intended to cis used as one. This mp is a cornpilation of records, informhon and data located in xanow City, County, state and federal offices and other soinces regavoing to was shom, and is to be used for reference purposes only. The City does not "nart that the Geographic Information System (GIS) Data wed to prepare this map am error free, and the City does not moment that the CIS Data can be used for revigaflonal, tradding or any other purpose rectuiring exacting masurenant of distance or direction o, prechits, in the depiction of geogrophic foolums. K mors or discrepancies are found please contact 952-227-1107. The preceding disdamer is provided purstrant to Minnesota Statums §466,03, Sutxl� 21 (2000). and that user of this mp that the C4ty shel not be liable for my dariages. and expressly waives all claim, and agrees to defend, Indeenrity, and hold harness the City front any and all claim brought by User, lu; ongloyeas or agents, or nilrd pam*'F.*d-&0a 4 6 data provided. 6-7 ) -�-" 049J82036654 $ OOA 10 09/20/2007 Maded!F,om 55317 US POSTAGE RECEIVEu, SEP 2 7 2007 11TY OF CHANHASSEN NORTH BAY HOMEOWNERS ASSN INC 2681 LONG LAKE RD ROSEVILLE, MN 55113 �1 128 OJ 7 F - SCANNED Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 2, 2007 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for Minor PLID Amendment to adjust internal setback requirements from 20 feet to 15 feet in the Lakeside Subdivision_ Applicant: Sienna Corporation Property North of Lake Riley Boulevard at Lake Riley Drive Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1 . 4ztaff will give an overview of the proposed project. 2. . he applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/serv/i)lan/07-23.htmI. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at baenerous @ci.chanhassen.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting, • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. Thew reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the Rem and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City council except rezonings and land use amendments from residential to commercial/industral. • Minnesota State statute 519.99 requires all applications to be processed wilbin 60 days unless the applicant waives this standard. some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project wth any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification — SCANNED Q L CITY OF CHANHASSEN 7700 Market Boulevard RO. Box 147 Chanhassen, Minnesota 55317 NIXIE 5sa DE 1 00 09/24/07' RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD SCI *0679-06743-20-31' 11J)"I)IIIII)III Mill Lake FIII This map is nether a $egalh, recorded map nor a survey and Is not Intended! to bar used as me. This map Is a completion of records, information and data located in various city, county, state and federal offices and other sources regarding the area shoim, and is to ber used for reference purposes only. The City do" not warrant that the Geographic Iniormation System (GIS) Data used to prepare this map am error free, and the City does not represent that the GIS Data can be used for navigational. tracking or any other purpose requiring Ifucacting measurement 01 distance or direction or precision In the depiction of geographic features. It emors or discrepancies are found please contact 952-227-1107. The pmedng disclaimer is promdedl pursuant to Nnneswa Statutes §466.03, Subd. 21 (2000), and the user 0 this mano acknowledges; that the City Shall not e liable for any damages. and evressly .aim all claims and agrees to defend, Inclerinnify, and hold hammers 11h.. f brought by User, its employees or agawrits, or third parfill �Aw-vg-w-f data provided RECEIVF-��. SEP 2 7 2007 1ITY OF CHANHASSEN MICHAEL S MCVAY 18650 BEARPATHTR UTF EDEN PRAIRIE MN 55347 I 'I I I I d.11 11 111 d I I II.f I I I I If 11111.1. 11 SCANNEC .r 049J82036654 $00.410 09120/2007 Mailed From 55317 US POSTAGE RECEIVF-��. SEP 2 7 2007 1ITY OF CHANHASSEN MICHAEL S MCVAY 18650 BEARPATHTR UTF EDEN PRAIRIE MN 55347 I 'I I I I d.11 11 111 d I I II.f I I I I If 11111.1. 11 SCANNEC .r Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 2, 2007 at 7:00 p.m. This hearing may not start until later in the evening, delpending on the order of the aaenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Request for Minor PUD Amendment to adjust internal setback requirements from 20 feet to 15 feet in the Lakeside Subdivision Applicant: Sienna Corporation Property North of Lake Riley Boulevard at Lake Riley Drive Location: A location map Is on the reverse side of this notice. rThe purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood . �4t this project. During the meeting, the Chair will lead the � rUbfic hearing through the following steps�. What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/sery/t)lan/07-23.htmi. If you wish to talk to someone about this project, please contact Robert Questions & Generous by email at buenerous@ci.chanhasson.mn.us or by Comments: phone at 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Proceclunt: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and interim Uses, Wetland Alterations, Plennings. comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a necommendation. The item will be opened for the public to speak about the proposal ait a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation, Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercialAindustrial. • Minnesota state Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity, may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespemon/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. b(;AhNi;U (:)-7- a3� CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTTCE OF PUBLIC HEARING PLANNING CASE NO. 07-23 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, October 2, 2007, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for Minor PUD Amendment to adjust internal setback requirements from 20 feet to 15 feet in the Lakeside Subdivision. Applicant: Sienna Corporation. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/sgg/�lan/07-23.html or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenerous@ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on September 20, 2007) SCANMD CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 07-23 NOTICE ISHEREBY GIVEN that the Chanhassen Planning Cominissionwillholdapublichearing on Tuesday, October 2, 2007, at 7:00 P.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for Minor PUD Amendment to adjust internal setback requirements from 20 feet to 15 feet in the Lakeside Subdivision. Applicant; Sienna Corporation. A plan showing the location of the proposal is available for public review on the City's web site at www.ci,chanhassen.mn.us/serv/ plan/07-23.1i oratCityHal1durmg regularbusinesshours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior ftviner EmaiLligenerous &Lchanhassen.inn.us Phom: 9SZ227- 1131 (PublisliedindieChanhassenVillager on Thursday, September 20,2007; No. 4950) Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A ' Hartmann, being duly swom, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- iager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 33 1 A.02, 33 1 A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No.ylst)— was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklinnopqrstuvwxyz Laurie A. Hartmann Subscribed and swom before me on this Jeday of 2007 Notary Public RATE INFORMATION GWEN M. RADUENZ NgTo., pm - wWMA CDw�ww EVkes Jart. 31, 2MO 0" Lowest classified rate paid by commercial users for comparable space .... S40.00 per column inch Maximum rate allowed by law for the above matter ................................ $40.00 per column inch Rate actually charged for the above matter .............................................. $11.89 per column inch SCANNED Administration Re: Planning Case #07-23 Phone: 952.227.1100 Nfinor PUD Amendment - Lakeside Fa)c 952.227.1110 Building Inspections Dear Mr. Vogelbacher: Phone: 952.227 1180 Fax: 952.227.1190 This letter is to notify you that the City of Chanhassen will be unable to complete Engineering its review of the proposed amendment to the Planned Unit Development standards Phone: 952227.1160 for the Lakeside project by October 30, 2007 due to the discovery that the Fax: 952.227.1170 amendment must also include revising the wedand setback requirements with the Finance design standards. Therefore, the City will be taking up to an additional 60 days, Phone: 952.227.1140 until December 30, 2007, to review the proposed amendment. Fax: 952.227,1110 Park & Recreation We have scheduled the amendment for a Public Hearing at the Planning Phone: 952,227,1120 Commission for November 6, 2007. The amendment would then be reviewed by Fax: 952,227.1110 City Council on November 26, 2007. Recreation Center 2310 Coulter Boulevard Phone: 952.227,1400 If you have any questions or need additional information, please contact me at Fax: 952.227.1404 (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. Planning & Sinc Natural Resources Phone: 952.227.1130 FarL 952.227.1110 Public Works 1591 Park Road Robert Generous, AICP Phone: 952.227.1300 Senior Planner Fax: 952.227.1310 Senior Center gAplan\2007 plmning cues\07-23 lakeside pud a=ndrnent\extmsion letterAm Phone: 952,227.1125 Fax: 952.227.1110 Web Site www d chanhassen.nnn.us SCANNED The City of Chanhassen - A growing community with clean lakes, quality schools, a chaffning downtown. thriving businesses, winding trails. and beautiful parks. A great place to live, work, and play. October 5, 2007 MY OF CIMMSEN Mr. John Vogelbacher Sienna Corporation T700 Market Boulevard 4940 Viking Drive, #608 PO Box 147 Chanhassen, MN 55317 Nlinneapolis, MN 55435 Administration Re: Planning Case #07-23 Phone: 952.227.1100 Nfinor PUD Amendment - Lakeside Fa)c 952.227.1110 Building Inspections Dear Mr. Vogelbacher: Phone: 952.227 1180 Fax: 952.227.1190 This letter is to notify you that the City of Chanhassen will be unable to complete Engineering its review of the proposed amendment to the Planned Unit Development standards Phone: 952227.1160 for the Lakeside project by October 30, 2007 due to the discovery that the Fax: 952.227.1170 amendment must also include revising the wedand setback requirements with the Finance design standards. Therefore, the City will be taking up to an additional 60 days, Phone: 952.227.1140 until December 30, 2007, to review the proposed amendment. Fax: 952.227,1110 Park & Recreation We have scheduled the amendment for a Public Hearing at the Planning Phone: 952,227,1120 Commission for November 6, 2007. The amendment would then be reviewed by Fax: 952,227.1110 City Council on November 26, 2007. Recreation Center 2310 Coulter Boulevard Phone: 952.227,1400 If you have any questions or need additional information, please contact me at Fax: 952.227.1404 (952) 227-1131 or bgenerous@ci.chanhassen.mn.us. Planning & Sinc Natural Resources Phone: 952.227.1130 FarL 952.227.1110 Public Works 1591 Park Road Robert Generous, AICP Phone: 952.227.1300 Senior Planner Fax: 952.227.1310 Senior Center gAplan\2007 plmning cues\07-23 lakeside pud a=ndrnent\extmsion letterAm Phone: 952,227.1125 Fax: 952.227.1110 Web Site www d chanhassen.nnn.us SCANNED The City of Chanhassen - A growing community with clean lakes, quality schools, a chaffning downtown. thriving businesses, winding trails. and beautiful parks. A great place to live, work, and play. LOCATION MAP (SUBJECT PROPERTY HIGHLIGHTED IN YELLOW) LAKEVIEW MINOR PUD AMENDMENT REQUEST PLANNING CASE 2007-23 -IW"AM 0 Cff1 OF am= Date: September 7, 2007 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies From: Planning Department By: Robert Generous, Senior Planner Subject: LAKESIDE: Request for Minor PUD Amendment to adjust internal setback requirements from 20 feet to 15 feet. Applicant: Sienna Corporation. Planning Case: 07-23 The above described application for approval of a land development proposal was filed with the Chanhassen Planning Department on August 31, 2007. The 60 -day review period ends October 30, 2007. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on October 2, 2007 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than September 21, 2007. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. 1. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official f. Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept. of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (Qwest or Sprint/United) 10. Electric Company (Xcel Energy or MN Valley) 11. Mediacom 12. CenterPoint Energy Minnegasco SCANNED SIENNA CORPORATION 37469 CITY OF CHANHASSEN $350.00 220-78 LS PUD 8/30/07 $350.00 120.00 &CANNIC CITY OF CHANHASSEN $350.00 LAKSIDE MINOR PUD AMENDMENT - PLANNING CASE 07-23 $100 Minor PUD Amendment $200 Notification Sign $50 Escrow for Filing Fees $350 Sienna Corporation Check 37469 SCANNED