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CC Staff Report 6-11-07 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 3 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Sharmeen AI-Jaff, Senior Planner DATE: June 11, 2007 o~. Preliminary Plat to Subdivide 7.6 acres into 11 single-family lots and 1 outlot with a Variance to allow a 50-foot wide street right-of-way - LOTUS WOODS SUBDVISION - Planning Case 07-09 SUBJ: EXECUTIVE SUMMARY The applicant is requesting preliminary plat approval to subdivide 7.6 acres into 3 single-family lots and one outlot with a variance to allow a 50-foot wide right- of-way, Lotus Woods Subdivision. The site is zoned Single Family Residential, RSF. ACTION REQUIRED City Council approval requires a simple majority vote of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on May 15, 2007 to review the proposed development. The Planning Commission voted 6-1 to approve the proposed development. The sumrriary and verbatim minutes are located in item la of the City Council packet. ISSUES AND QUESTIONS RAISED REGARDING THIS REQUEST: Issue: Lotus Lake Homeowners Association sent an e-mail requesting the city enforce ordinances. They are pleased with the amendment to the wetland protection ordinance. Finding: All ordinances are being enforced. Issue: Lotus Lake Clean Water Organization sent an e-mail containing several issues. They are as follows: City staff did an excellent job reviewing this subdivision. There are a lot of requirements being placed on the developer. Please emphasize that these requirements need to be well managed by both the developer and the City inspectors. The variance for a smaller road right-of-way is a good thing as it does reduce the amount of impervious surface for the storm sewer system to manage. So we support the variance as the Lotus Lake Clean Water Organization. The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Lotus Woods Preliminary Plat June 11,2007 Page 2 Finding: Staff will ensure that the conditions of approval are implemented. Issue: Since there is an increase in impervious surface, there will be an increase in loading to Lotus Lake in general. One-third will go to the lake as it does today off the existing homes on the shoreline. One-third will go to the outlot wetland being preserved as part of the plans, but it will have more water than it had in the past due to the impervious surface additions. The other one-third will go to a new pond that drains into the already stressed storm water system. This system is planned to be analyzed for capability and improvements next winter and improved in the summer of 2008. It is currently an over-stressed system and, as stated in the report, it is not known if the system will be capable of handling this additional run-off. So even though the report says infrastructure is capable of managing this, this is actually unknown. Finding: It is easiest to address this concern by subwatershed. The first one-third does drain to the lake. No additional volume or loading is anticipated within this subwatershed as a result of this subdivision. The second one-third does drain to the wetland/northwest portion of the site. The additional volume of stormwater will be negligible due to preserved tree cover and minimal grading within the subwatershed. Most of the area draining to the northwest is either rear yard area or park. Due to infiltration, evaporation, and use of water by trees and wetland plants, offsite impacts will be negligible. The final one-third drains to the pond in the southwest comer of the site. There are two concerns when considering stormwater. The first is water quality. Lotus Woods is providing a pond (which is properly sized for the watershed) to treat the water before it leaves the development. Water quantity is the second concern. The discharge of the pond in the Lotus Woods development goes to the ditch in Triple Crown Estates instead of into the pond. The peak discharge rates for the new pond will occur prior to peak discharge for the larger system, thus the new pond will not adversely impact existing conditions. Issue: Lotus Lake Clean Water Organization Recommendation: We recommend the city hold off on this development until the complete storm water system is capable of handling this additional run-off (being improved in 2008 plans). Why add stress to an already stressed storm water system and add that to Lotus Lake which already is an impaired body of water? We do support the development, we just want it done responsibly. Finding: Since Lotus Woods will not discharge to the larger system that is scheduled to be redesigned in 2007-2008, it is not necessary to complete any additional city projects before the Lotus Woods development is approved. That being said, future improvements to the larger system could be designed to incorporate the proposed storm sewer in Lotus Woods in the future if it is deemed beneficial to do so. Issue: We would like to see rain gardens added to the design now and no curbs added so that rain gardens can be included in the design to improve the water quality and infiltration Lotus Woods Preliminary Plat June 11, 2007 Page 3 before adding the additional load to the storm water system. We recommend that each lot be designed to manage 90% of the storm water from the impervious surfaces, as nature would have done, before the development takes place. Now is the time to include rain gardens in the grading plans to allow for proper management of the water. Later will be a lot more costly and it will not happen. Finding: The City Council and City staff have recently discussed a number of infiltration technologies, their possibilities, and their limitations within the City of Chanhassen. Currently, staff has a number of concerns about such technologies, including design, installation, and long-term maintenance. Additionally, staff is concerned about the suitability of these systems in areas like Chanhassen that have high local water tables and clay soils with low infiltration potential. Staff agrees that rain gardens may be effective in some situations, but does not recommend them for this subdivision because the City does not yet have the appropriate design standards, installation guidelines, and maintenance protocols in place. Issue: The size of the lots within this subdivision, and in the rest of the City, needs to be larger. Finding: The density of this subdivision is 1.4 units per acre gross - 1.6 units per acre net. The land use plan guides the site as a low density site with a net density range of 1.2 -4 units per acre. The Lotus Woods subdivision has a density that is at the low end of the range. Issue: The proposed road is directed toward an existing house and the resident is concerned that the lights will shine in the windows. Finding: The developer understands the issue and is evaluating the feasibility of shifting the road so as to not direct lights toward the existing house. Issue: Do not install street lights. Finding: Street lights provide many benefits to a neighborhood. Some are listed below: a. Deterrence of crime and the aid to police protection. b. Increased night-time safety on streets through enhanced visibility. c. Improved sense of security and safety for pedestrians, motorists, and property owners. d. Reduced vandalism, other criminal acts, and damage to property. e. Reduced personal property loss. Issue: Traffic in the area is increasing and creating issues. Lotus Woods Preliminary Plat June 11, 2007 Page 4 Finding: The engineering department is conducting traffic counts in this area to determine the number of trips that are currently generated. Issue: Are the lots adequately sized to accommodate a home? Section 18-60 LOTS f. of the subdivision ordinance states "Proposed house sizes shall be shown on the subdivision plan and shall be designed to accommodate residents' future house expansion (e.g., porches) and accessory structures (e.g., decks and patios) as well as the driveway and sidewalks to building entrances. If house plans are not known, then a 60 foot by 60 foot building pad and a 30-foot wide access driveway shall be used. The maximum permitted impervious surface shall be calculated for each lot and the permitted houses and structures shall be limited to those sizes." Finding: The original plans showed three house types. Additionally, staff directed the applicant to adjust the property lines to show that a 60x60 house pad can fit on the lots. The compliance table has been revised accordingly. The hard surface coverage calculations are based on the three house types shown on sheet 2 of 12 of the plans. All proposed hard surfaces are within the ordinance. Staff has also tabulated maximum permitted site coverage for each lot at 25%. (see compliance table on page 14 of the staff report). RECOMMENDA TION Staff recommends adoption of the motion approving the preliminary plat with a variance as specified in the staff report dated May 15,2007. ATTACHMENTS 1. Staff Report dated May 15,2007. g:\plan\2007 planning cases\07-09 lotus woods\executive summary.doc ~ z < u ~ ~ ~ ~ < < ~ < ~ ~ ~ ~ rJ'J. PC DATE: May 15,2007 OJ CC DATE: June 11,2007 CITY OF CHANHASSEN REVIEW DEADLINE: July 29, 2007 CASE #: 07-09 BY: AI-Jaff, et al STAFF REPORT PROPOSAL: Preliminary Plat to Subdivide 7.6 acres into 11 single-family lots and 1 outlot with a Variance to allow a 50-foot wide street right-of-way - LOTUS WOODS SUBDVISION LOCATION: South of Fox Hill Drive, east of Carver Beach Road, north of Big Woods Drive, and west of Lotus Lake APPLICANT: Paul Eidsness 4395 Trillium Lane West Minnetrista, MN 55364 (763)438-0355 ronkaron@aol.com Paul Eidsness Jon Lang Constance Cerilla Robert Amick 4395 Trillium Lane West, Minnetrista 640 Carver Beach Road, Chanhassen 650 Carver Beach Road, Chanhassen 561 Fox Hill Drive, Chanhassen PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential Low Density (Net Density 1.2 - 4.0 units per acre) ACREAGE: 7.6 acres DENSITY: 1.4 Units per Acre Gross -1.6 Units per Acre Net SUMMARY OF REQUEST: Subdivision of7.6 acres into 11 single-family lots and 1 outlot, and a variance to allow a 50-foot right-of-way. Notice ofthis public hearing has been mailed to all property owners within 500 feet. Staff is recommending approval of the request. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Subdivision Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. teAmlED Lotus Woods Subdivision Planning Case 07-09 May 15, 2007 Page 2 of21 PROPOSAL/SUMMARY The applicant is proposing to subdivide 7.6 acres into 11 single-family lots and 1 outlot. The property is zoned RSF, Single Family Residential District. The site is located south of Fox Hill Drive, east of Carver Beach Road, north of Big Woods Drive, and west of Lotus Lake and contains three single- family homes that are proposed to remain. Access to the site is proposed off of existing and future residential streets. All existing right-of-way in the area has a width that ranges between 40 and 50 feet. The City Code requires a 60-foot wide right-of-way. The applicant is requesting a variance to allow a 50-foot wide right-of-way. This will allow this development to blend in with surrounding streets. The three lots on the lake will keep their existing homes. Lotus Lake Lotus Woods Subdivision Planning Case 07-09 May 15, 2007 Page 3 of21 All lots meet the minimum lot area, width and depth requirements of the zoning ordinance with an average lot area of 24,619 square feet Staffhas been working with owners ofthe property and their engineer for some time. Initial discussions began when the property to the south (Big Woods) was presented to the City for development. As a condition of approval of the Big Woods development, the developer stubbed proposed Lotus Woods Drive and installed a sign that alerted future homeowners in the Big Woods Development that the road will be extended in the future The current plans have gone through numerous revisions such as dedicating park land in lieu of park fees, reducing grading, drainage, etc. Staff is recommending approval of the subdivision with a variance with conditions outlined in the staff report. PRELIMINARY PLAT The applicant is proposing to subdivide a 7.6 acre site into 11 single-family lots and 1 outlot. The average lot size is 24,619 square feet with a resulting gross density of 1.4 units per acre and a net density of 1.6 units per acre. All of the proposed lots meet the minimum area, width, and depth requirements of the Zoning Ordinance. There is one outlot shown on the plat. Outlot A contains a wetland and a park land area. It will be dedicated to the City. Staff directed the applicant to prepare a hard surface coverage analysis for each proposed lot. Current plans (Sheet 2 of 12) show "House Type A" on Lots 5 and 6, Block 1. Based on hard surface coverage analysis, the house types on Lots 5 and 6, Block 1, must be modified from "House Type A" to "House Type B". Lotus Woods Subdivision Planning Case 07-09 May 15, 2007 Page 4 of21 The site is heavily wooded. The existing woods consist mainly oflarge, mature sugar maples with a mix of basswood, oak and ash. It is a healthy forest with little to no invasive species. It is due to this wooded nature that the Parks and Recreation Commission recommend that Outlot A be taken for public park purposes. Development of the overall site should pay special attention to preserving large groups of trees in rear and side yards where possible. Revisions will be required. We are recommending that the subdivision be approved with conditions outlined in the staff report. Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance. WETLANDS One Manage 1 wetland basin exists on-site. Kjolhaug Environmental Services Company delineated the wetlands in September 2006. Wetland 1 is a Type 1 wetland located in the northwest portion of the site. The wetland is dominated by reed canary grass with green ash, American elm, beggar ticks and duckweed. No impact is proposed to this basin. It is proposed to be located entirely within Outlot A. On May 14,2007, the City Council will be reviewing ordinance amendments that will impact this subdivision. The amendments are part of a wetland reclassification that was undertaken as part of the City's Surface Water Management Plan (SWMP) update. The ordinance amendment involves changes to wetland buffer and wetland buffer setback requirements. The setback requirements will be applied at the time that building permits are submitted. The building plans must meet these requirements. The ordinance amendment will require a minimum 25-foot wetland buffer and a minimum 30-foot wetland buffer setback for principal structures (total setback of 55 feet). Accessory structures will be required to be set back a minimum of 15 feet from the wetland buffer edge. The plans for Lotus Woods should show these new buffer and setback requirements. A wetland buffer 25 feet in width must be maintained around all Manage 1 wetlands. All wetlands and wetland buffer areas should be protected by silt fence during grading. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. Principal structures must maintain a setback of at least 30 feet from the wetland buffer edge. Accessory structures must maintain a setback of at least 15 feet from the wetland buffer edge. The wetland buffer setbacks should be shown on the plans. Lotus Woods Subdivision Planning Case 07-09 May 15, 2007 Page 5 of21 LAKES The proposed project is within 1,000 feet of the ordinary high water level (OHW) of Lotus Lake and is therefore within the lake's shoreland district. Lotus Lake is classified as a recreational development lake by the Minnesota Department of Natural Resources (DNR). The minimum lot size for riparian lots is 20,000 square feet and the minimum lot width is 90 feet. All structures (with the exception of one water-oriented accessory structure on each lot that complies with Subsection 20-481 (e) (2) ofChanhassen City Code) must be set back a minimum of75 feet from the OHW ofthe lake (896.3). All grading or vegetation removal is subject to Section 20-482 of the City Code. Any existing and proposed docks on the subject properties must meet the requirements of City Code Chapter 6, Article 2. SURFACE WATER MANAGEMENT Storm Water Pollution Prevention Plan (SWPPP) The SWPPP must be revised to address all items that are unchecked in the Carver SWCD "Stormwater Pollution Prevention Plan Checklist" attached to the April 11, 2007 letter to the City from the Carver SWCD. Erosion Control Stable emergency overflows are needed for the proposed pond on site. The emergency overflows should be clearly labeled on the plan and a detail must be provided. All riprap/fabric at the flared end section should be installed within 24 hours of flared end section installation. The ditch section west of Carver Beach Road that receives stormwater from the stormwater pond must be stable prior to receiving discharge from the site. Erosion control blanket should be installed on all slopes greater than or equal to 3: 1. All exposed soil areas should have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3: 1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, Lotus Woods Subdivision Planning Case 07-09 May 15, 2007 Page 6 of21 storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Sediment Control Manholes with two-foot sumps should be installed as the last road-accessible structures prior to discharge into the stormwater pond. This will help to prolong the maintenance interval of the proposed stormwater pond. Chanhassen Type 2, Heavy Duty silt fence is needed around all wetlands, streams, creeks, bluffs and ravines; Chanhassen Type 1 silt fence should be used around the remaining areas. A temporary sediment basin should be constructed prior to disturbing upslope areas. The areas of temporary sediment basins should be labeled on the plan. A temporary outlet structure (e.g., a perforated riser and rock cone) is needed for the pond. A detail should be provided. Inlet controls are needed for all inlets throughout the project and should be installed within 24 hours of inlet installation prior to casting. Filter fabric held down by steel plates with 12 inches of %-inch rock over each cover may be used. Once casting of inlets takes place, inlet controls must be installed within 24 hours. Inlet protection must be maintained on a regular basis. For all inlet protection devices, details should be provided in the plan and in the SWPPP. Street cleaning of soil tracked onto public streets should include daily street scraping and street sweeping as needed. SURFACE WATER MANAGEMENT FEE Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $1 ,900/acre. Based on the proposed developed area of approximately 6.9 acres, the water quality fees associated with this project are $13,108. The SWMP has established a connection charge for the different land uses based on an average citywide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Single- family residential developments have a connection charge of $3, 1 00 per developable acre. This results in a water quantity fee of approximately $21,388 for the proposed development. The applicant will be credited for water quality where NURP basins are provided to treat runoff from the site. This will be determined upon review of the ponding and storm sewer calculations. Credits may also be applied to the applicant's SWMP fees for oversizing in accordance with the SWMP or the provision of outlet structures. No credit will be given for temporary pond areas. Lotus Woods Subdivision Planning Case 07-09 May 15, 2007 Page 7 of21 At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $31,996.00. OTHER AGENCIES The applicant must apply for and obtain permits from the appropriate regulatory agencies (i.e., Riley-Purgatory-BluffCreek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. GRADING AND DRAINAGE The 7.6 acre site is bordered by Fox Hill Drive to the north, Lotus Lake to the East, Big Woods Subdivision to the south and Carver Beach Road to the west. There are three existing houses, four accessory structures, and three drives on the site. The existing houses will remain, along with two accessory structures. The accessory structures near Lotus Woods Drive will need to be removed. A plan will be needed to allow the existing homeowners access to their properties until the completion of construction. The existing driveways west of Lotus Woods Drive will need to be removed upon completion of Lotus Woods Drive. The high point ofthe site is near the center ofthe project and divides the site into four main pieces. Approximately 35% ofthe site drains towards Lotus Lake, 10% drains to catch basins on the east side ofthe Big Woods Development, 30% drains to the ditch in Triple Crown Estates, and 25% drains north on Carver Beach Road. The hydrologic calculations are complete. A copy of the rational method calculations and delineation will be needed for the sizing of the storm sewer. The on-site pond may not discharge to the pond in Triple Crown Estates (west of Carver Beach Road) because the Triple Crown Estates pond is not sized for the additional stormwater. The proposed on-site pond discharges to the roadside ditch along the west side of Carver Beach Road, which is acceptable although not optimal. The storm sewer under Big Woods Boulevard will need to be directionally drilled. Over time, the City has become aware of issues with stormwater and erosion in this area, both within the stormwater pond and downstream (between the pond and Lotus Lake). In 2005-2006, erosion caused a blowout of the stretch of creek east of Carver Beach Road. This compromised the cover over the sanitary sewer in that area, which was remedied in 2006. In order to improve the stormwater system in this area, the City is proposing a stormwater improvement project in 2007-2008 to assess the issues and devise a solution. Analysis ofthe drainage area has not been completed and the anticipated improvements are unknown at this time. It would be better if the proposed development could take advantage of the anticipated stormwater improvement project, but it is unknown at this time if the city project will be able to accommodate the development drainage. Regional ponding is a preferable solution for stormwater issues because it improves sediment removal efficiently and minimizes future maintenance needs. The use of a regional Lotus Woods Subdivision Planning Case 07-09 May 15, 2007 Page 8 of21 pond for treatment of stormwater for this development would also free up land and potentially improve the developer's ability to preserve trees and minimize retaining walls. The grading plan will need to be revised. Lot 2 and Lot 4, Block 1 elevations need to be revised to show correct ground elevations if they are indeed walkouts. The slopes on the driveways are shown but it appears that Lot 6 and Lot 8, Block 1 exceed the 10% maximum. The grading plan is hard to follow due to not having enough contour labels and because the tree layer overwhelms the drawing. Spot elevations around each intersection are required to ensure that the curb line has a minimum of .5% slope. The lowest openings of houses must be three feet above the ordinary high water level or one foot above the emergency overflow. Private driveway grades shall not be less than 2% or exceed 10%. Ground (i.e. non-paved) surface grades shall not be less than 2%. Emergency overflow locations and elevations must be shown on the plan. An easement is required from the appropriate property owner for any off-site grading. Installation of the manhole on Lot 1 of Big Woods on Lotus Lake will need a temporary construction easement. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. RETAINING WALLS The proposed retaining walls are as follows: Location Length Maximum Height (approximate) (approximate) Lot 7, Block 1. This retaining wall has two tiers. 1 sl tier 160 feet 4 feet 2no tier (Total elevation difference from top to bottom) = 10 feet (8 for wall and 2 feet of 120 feet 4 feet ground) There is an existing retaining wall in the southwest corner of the site. This wall will be removed before the construction of the pond. Lotus Woods Subdivision Planning Case 07-09 May 15,2007 Page 9 of21 Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. UTILITIES The developer proposes to extend lateral sanitary sewer, watermain and storm sewer within the development. All utilities within the right-of-way shall be publicly owned and maintained. Proposed watermain will extend from the existing watermain stub off of Big Woods Boulevard and loop to the existing watermain in Fox Hill Drive. The proposed watermain will have a total length of 450 linear feet. Due to the alignment of the watermain off of Fox Hill Drive, it appears that the connection cannot take place under traffic. The connection on Fox Hill Drive must be wet-tapped. The Big Woods Boulevard connection must connect to the stub provided and take place under traffic. Sanitary sewer for Lots 1-4, Block 1 will extend off of Big Woods Boulevard. A stub was provided during the Big Woods Subdivision which should allow this connection to be completed under traffic. Utility plans show both plan view and profiles of all proposed utilities (sanitary sewer, water, and storm lines). Actual elevations of existing utilities shall be verified for accuracy. The utility services are not shown on the plans. The services will need to be shown along with information for connection. Lot 5, Block 1 did not receive a service stub during the development of Big Woods and will need to enter the roadway for access to the sewer and water. Lots 7 and 8, Block 1 along Carver Beach Road appear to have service stubs provided by the regional sewer and water project in 1975. There is existing sanitary sewer and watermain along Lotus Lake. The sanitary sewer and easement is shown on the plans. The location of the watermain and the watermain easement will need to be determined. Each new lot is subject to sanitary sewer and water hookup charges. The 2007 trunk hookup charge is $1,669 for sanitary sewer and $4,485 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. The developer will be responsible for extending lateral sewer and water service to the lots; therefore, the sanitary sewer and water connection charges will be waived. The assessments for the connections on Carver Beach Road have already been paid. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require Lotus Woods Subdivision Planning Case 07-09 May 15, 2007 Page 10 of21 a preconstruction meeting before building permit issuance. Permits from the appropriate regulatory agencies will be required, including the MPCA, Dept. of Health, Carver County, and the Watershed District. EASEMENTS There is an existing sanitary sewer and a watermain easement along Lotus Lake. This sanitary sewer is currently located within a 20-foot easement that needs to be revised to 30 feet to ensure the maintenance of this line. The actual location of the watermain and the watermain easement will need to be shown on the plans to see if sufficient easements cover the watermain. Each lot is shown with the required lO-foot front drainage and utility easement and 5-foot rear and side drainage and utility easement. The pond and wetland are also covered by a drainage and utility easement. Additional drainage and utility easements are covering the front of Lots 4- 6, Block 1 for future maintenance of the proposed storm sewer. STREETS Access to the site will be provided by Fox Hill Drive, Carver Beach Road, Big Woods Boulevard, and the proposed Lotus Woods Drive. The developer has provided plans showing the staff-requested additional right-of-way of 30 feet along Carver Beach Road, 10 feet along Fox Hill Drive up to Lotus Woods Drive, and 5 feet along Fox Hill Drive from Lotus Woods Drive to Lotus Trail. The reason for changing the width to only 5 feet of additional right-of-way along Fox Hill Drive is so that the setbacks for the existing house near Lotus Lake can still meet city code. Lotus Woods Drive is proposed to be a 28-foot back-to-back road within a 50-foot right-of-way. The City agreed to the variance in 2006 when the Eidsness property was split. The proposed section of road matches the Big Woods Development and the surrounding area. Lotus Woods Drive will be publicly owned and maintained. The street must be built to a seven-ton design, and utilize a maximum grade of7%. The sight distance for turning on Fox Hill Drive must be verified. Upon completion of the public street, the applicant shall submit a set of "as-built" plans signed by a professional civil engineer. PARKS AND TRAILS The proposed plat combines four separate parcels ofland currently best described as a woodlot allowing for the orderly subdivision of the entire parcel into 11 single-family lots. Eight ofthe lots are located in Block 1 and will be marketed as new home sites. The remaining three lots, comprising Block 2, are homes to three of the four owners and are located on Lotus Lake. Outlot A has been set aside at the request of staff as a means of preserving a small, intact section of the woodlot. Lotus Woods Subdivision Planning Case 07-09 May 15, 2007 Page 11 of21 Park and Trail Comprehensive Plan Review Parks This property is located within the park service area of Carver Beach Playground and Carver Beach Park. Carver Beach Playground, located at 900 Carver Beach Road, is a two-acre site featuring a ballfield, basketball court, and creative playground. Carver Beach Park, located at 6891 Lotus Trail, is a six-acre waterfront park featuring two public swimming beaches, a picnic area, nature trail and small playground. The nature trail follows the shoreline of Lotus Lake and is nearly one-half mile in length. Jk= 1\ I I I I Y ^"<5I~h ~ 'f>... -;L] ~ \\ rR ~ ~~~I~ v'~ - - f-f- '~' ~\TT'\~ ~ _ - f-f- ~ t'J:::ljt:IT~~ _'- T\ I _ ~ 'j II I I I ,'1.'1\ ~\ Lotus Lake = ~~~ T; ~l o.;~val~ 4~ I I rr ~ - 3k~ ;~~ ~ ~~ == #L~~-xrtl~WJEE~~~?~ I I 7'Ul,,~WOO'hBo'd~,'mll .J. .... J---;:ILI III 1\\~~~7;tFP. 1 V ~ , = 111-f-J \\\~\*,\0HI\Y' A\<{ ~ :fWt L~ l~~ ~'f'~~ ~ \~l I \ ~ t , ,,'(\LL\7 II ~y- I / ,\' II, IY I/S".. II ~~) \\Wk ,I. ';'~' ~ t~lll :~ r", ~ ~ .T^ - 4" ~ - ,........,....,.....f...' V- >- Y; ......... ~~~ III\~':"::' ~~ II ':(\JnJ\~i:~ y/I I II I III'" Trails With the exception of the nature trail and one section of concrete sidewalk, the Carver Beach neighborhood is void oftrails and sidewalks. This condition is directly attributable to the age of the I _...~ Lotus Woods Subdivision Planning Case 07-09 May 15, 2007 Page 12 of21 area and the narrow street grid and road right-of-ways. There is very limited, ifnot non-existent, right-of-way to construct sidewalks and/or trails in the area. Carver Beach Road serves as a main transportation corridor in the neighborhood for both vehicles and pedestrians. The one sidewalk mentioned is located on Carver Beach Road starting at Carver Beach Park and travels west to Powers Boulevard. In addition to this sidewalk, an important "trail connector" is located at the terminus of Carver Beach Road linking pedestrians to Big Woods Boulevard, Kerber Pond Park and south to the downtown area. Outlot A The Park and Recreation Commission has the choice of recommending the City Council accept cash park fees or land dedication as a condition of approval for the Lotus Woods Subdivision. The cash park fees required ofthis application as submitted are $63,800 or $5,800 per lot. It is staff's recommendation that the Commission seek land dedication in lieu of cash park fees as a means of preserving some of the woodlot character that currently exists on this site. The location of this outlot at the intersection of Carver Beach Road and Fox Hill Drive will serve as a landmark for the new residents. In addition, the larger neighborhood and community will view this dedication as a worthy investment in preserving the unique character or Carver Beach. Staff's request of the applicant was to maximize the size of the undisturbed area of tree preservation on the comer. The maximum dedication ofland allowed by ordinance is one acre for every 75 people. For 11 single-family lots with 3.5 persons per home, 22,361 square feet (0.51 acres) of park dedication is required. A previous layout of Outlot A contained less upland area than required by ordinance. On April 24, 2007, the Park and Recreation Commission visited this property prior to their regular meeting. The commissioners discussed their positions on the proposed application. At the conclusion of the discussion, the Park Commission tabled action on the Lotus Woods subdivision request to allow staff time to discuss with the property owners and engineers their recommended approach towards dedicating land in lieu of park fees in an area estimated at 22,475 square feet. On April 30, staff met with the applicant and agreed upon the configuration of the 22,475 square foot Outlot A. Staff also confirmed that no grading be conducted within the Outlot and that the border of the Outlot be identified with appropriate slgnage. As drawn, Outlot A currently contains 37,530 square feet with 8,050 ofthat being wetland. Wetlands are not ..,<I. r~'" I~,J "- ", :.""t~S'k'" "~J'" _J Lotus Woods Subdivision Planning Case 07-09 May 15,2007 Page 13 of 21 accepted as parkland dedication. The wetland also has a buffer that does not count towards the total area of park dedication. TREE PRESERV A TIONILANDSCAPING Tree canopy coverage and preservation calculations for the Lotus Woods development are as follows: Total upland area (excluding wetlands/parkland) Total canopy area (excluding wetlands/parkland) Baseline canopy coverage Minimum canopy coverage allowed Proposed tree preservation 6.7 ac or 293,526 SF 5.4 ac or 234,634 SF 80% 55% or 161,439 ac. 32 % or 95,368 ac. The developer does not meet minimum canopy coverage allowed; therefore, the difference is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage Multiplier Total replacement Total number of trees to be planted 66,071 SF 1.2 79,285 SF 72 trees A replacement planting plan must be submitted to the City for approval. Included in the plan shall be location, species and size of replacements. All replacements must meet minimum size requirements. The existing woods consist mainly of large, mature sugar maples with a mix of basswood, oak, ash and hickory. It is a healthy forest with little to no invasive species. Development of the area should pay special attention to preserving large groups of trees in rear and side yards where possible. This has been done on Lots 2, 3 and 8. Of those trees shown as preserved on the lots, any removed must be replaced at a rate of 2: 1 diameter inches. COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Lot Lot Hard Maximum Home Area Width Depth Surface Site Setback Coverage Coverage Ordinance 15,000 90' 125' 25% 30' front/rear non-npanan 10' sides 20,000 75' Lake npanan 55'(30' Wetland + 25' Buffer) Lotus Woods Subdivision Planning Case 07-09 May 15,2007 Page 14 of 21 Lot Lot Lot Hard Maximum Home Area Width Depth Surface Site Setback Coverage Coverage BLOCK 1 Lot 1 16,32017,268 -lOO -lBB ~ 30'/NA non-npanan 114' 164.5' 21.2% 4,317 10'/55' Lot 2 15,007 15,147 ~ -l-SB ~ 30'/30' non-npanan 91' 186' 21.8% 3,786 10'/55' Lot 3 15,105 16,412 +l9 -l9M ~ 30'/30' non-npanan 90' 207' 19.96% 4,103 10'/55' Lot 4 18,77217,693 120' -l@ ~ 30'/NA non-npanan 152.5' 20.7% 4,423 10' Lot 5 16,37215,316 104' ~ U:4 30'/30' non-npanan 146.5' 24.9%* 3,829 10'/55' Lot 6 16,002 90' 157' 24.1 %* 4,000 30'/30' non-npanan 10'/55' Lot 7 16,275 95' 154' 19.8% 4,068 30'/NA non-npanan 10' Lot 8 16,298 92' 168' 20% 4,074 30'/30' non-npanan 10'/55' BLOCK 2 Lot 1 40,956 120' 337' 5.6% 10,239 30'/75' npanan 10' Lot 2 39,915 116' 290' 19% 9,978 30'/75' npanan 10' Lot 3 59,791 123' 244' 11.3% 14,947 30'/75' npanan 10 Outlot A 37,530 * The current plans reflect a "House Type A". The plans must be revised to show "House Type B-C". Hard surface coverage calculations include house pad, driveway, deck, patio and porch. Lotus Woods Subdivision Planning Case 07-09 May 15,2007 Page 15 of 21 SUBDIVISION - FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with the comprehensive plan and subdivision ordinance. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. Lotus Woods Subdivision Planning Case 07-09 May 15,2007 Page 16 of 21 d. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision will have access to public utilities and streets. VARIANCE VARIANCE-FINDINGS As part of this plat approval, a variance to allow a 50-foot wide right-of-way is requested. The City Council may approve the variance as part of the preliminary plat after they find the application complies with the following conditions: 1. The hardship is not a mere inconvenience. 2. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land. 3. The condition or conditions upon which the request is based are unique and not generally applicable to other property. 4. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Finding: The 50-foot wide right-of-way will minimize environmental impact on the site and allow the street to blend in with the surrounding neighborhood. RECOMMENDATION Staff. The Planning Commission recommends the Planning Commission the City Council adopt the following motion: "The Chanhassen Planning Commission recommends City Council approves the preliminary plat for Planning Case 07-09 for Lotus Woods Subdivision for 11 lots and 1 outlot with a variance to allow a 50-foot right-of-way as shown on the plans dated received May 4, 2007, prepared by Otto Associates, subject to the following conditions: 1. A wetland buffer 25 feet in width shall be maintained around all Manage 1 wetlands. All wetlands and wetland buffer areas shall be protected by silt fence during grading. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. Principal structures shall maintain a setback of at least 30 feet from the wetland buffer edge; accessory structures shall Lotus Woods Subdivision Planning Case 07 -09 May 15,2007 Page 17 of21 maintain a setback of at least 15 feet from the wetland buffer edge. The wetland buffer and wetland buffer setback shall be shown on the plans. 2. The SWPPP shall be revised to address all items that are unchecked in the Carver SWCD "Stormwater Pollution Prevention Plan Checklist" attached to the April 11 , 2007 letter to the City from the Carver SWCD. 3. Stable emergency overflows shall be provided for the proposed pond on site. The emergency overflows shall be clearly labeled on the plan and a detail shall be provided. 4. All riprap/fabric at the flared end section shall be installed within 24 hours of flared end section installation. 5. The ditch section west of Carver Beach Road that receives stormwater from the stormwater pond shall be stable prior to receiving discharge from the site. 6. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3: 1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 7. Manholes with two-foot sumps shall be installed as the last road-accessible structures prior to discharge into the stormwater pond. 8. Chanhassen Type 2, Heavy Duty silt fence shall be installed around all wetlands, streams, creeks, bluffs and ravines; Chanhassen Type 1 silt fence shall be used around the remaining areas. 10. A temporary sediment basin shall be constructed prior to disturbing upslope areas. The areas of temporary sediment basins shall be labeled on the plan. A temporary outlet structure (e.g., a perforated riser and rock cone) shall be provided for the pond; a detail shall be provided. 11. Inlet controls are needed for all inlets throughout the project and shall be installed within 24 hours of inlet installation prior to casting. Filter fabric held down by steel plates with 12 Lotus Woods Subdivision Planning Case 07-09 May 15,2007 Page 18 of 21 inches of %-inch rock over each cover may be used. Once casting of inlets takes place, inlet controls shall be installed within 24 hours. Inlet protection shall be maintained on a regular basis. For all inlet protection devices, details shall be provided in the plan and in the SWPPP. 12. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 13. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $31,996.00. 14. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (i.e., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency) and comply with their conditions of approval. 15. Applicant shall submit a landscaping plan showing 72 trees as replacement plantings. All trees shall be native species. Plan shall specify size, species, and locations. 16. All areas outside of grading limits shall be protected by tree preservation fencing. Fencing shall be installed prior to grading and excavation for homes on each lot. Any trees shown as preserved on plans dated revised on 5/1/2007 must be replaced at a rate of 2:1 diameter inches if removed. 17. No grading shall be allowed on Outlot A. 18. A minimum of two overstory trees shall be planted in the front yards of Lots 1-8, Block 1 19. All structures within the proposed right-of-way or within the required setback of Block 2 must be removed. 20. Building Official Conditions: a. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. b. Demolition permits must be obtained prior to demolishing any structures on the site. c. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. d. Separate sewer and water services must be provided to each lot. e. Any existing wells and on-site sewage treatment systems on the site must be abandoned in accordance with State Law and City Code. Lotus Woods Subdivision Planning Case 07-09 May 15, 2007 Page 19 of 21 21. Fire Marshal conditions: a. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. b. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. c. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. d. Fire apparatus access roads shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all-weather driving capabilities. Pursuant to Minnesota State Fire Code Section 503.2.3. e. Fire hydrant locations are acceptable. f. Proposed street name is acceptable. g. Temporary street signs shall be installed at street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. 22. Outlot A shall be deeded to the City in lieu of payment of park dedication fees. 23. Revise Sheet 2 of 12 to show "House Type B C" on Lots 5 and 6, Block 1. 24. The two accessory structures along Lotus Woods Drive must be removed before grading commences. A plan is needed to allow all the existing homeowners access to their properties until the completion of construction. The existing driveways west of Lotus Woods Drive will need to be removed upon completion of Lotus Woods Drive. 25. Rational method calculations and delineation are needed for the sizing of the storm sewer. Also, add the ordinary high water level of the wetland to the plans. 26. The outlet pipe to the on-site pond must be directionally drilled under Big Woods Boulevard and discharge into the ditch in Triple Crown Estates. 27. A revised grading plan will be needed to address the following issues: a. The lowest openings of houses must be three feet above the ordinary high water level or one foot above the emergency overflow. b. Lots 2 and 4, Block 1 elevations need to be revised if they are indeed walkouts. c. The slopes of the driveways on Lots 6 and 8, Block 1 appear to be more than the 10% maximum and need to be revised. d. Spot elevations must be shown at each proposed intersection to ensure the curb line has a .5% minimum slope. Lotus Woods Subdivision Planning Case 07-09 May 15,2007 Page 20 of 21 e. Ground (i.e. non-paved) surface grades shall not be less than 2%. All emergency overflows must be shown on the plan. More contour labels are needed. Also, please turn off the tree layer so it is easier to read the grading plan. 28. An easement is required from the appropriate property owner for any off-site grading. A temporary construction easement will be needed for the installation of the manhole on Lot 1 of Big Woods on Lotus Lake. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 29. The existing retaining wall in the southwest comer of the site must be removed before or during construction of the pond. A building permit is required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. 30. The watermain extension from Fox Hill Drive must be wet tapped. Due to the alignment of the watermain in Fox Hill Drive, it appears that this connection cannot be done under traffic. The watermain connection on Big Woods Boulevard shall connect to the provided stub and take place under traffic. The sanitary sewer connection on Big Woods Boulevard connecting to an existing stub shall be completed under traffic. 31. Actual elevations of existing utilities must be verified for accuracy. Proposed service connections along with connection details must be added to the plans. 32. Each new lot is subject to the sanitary sewer and water hookup charges. The 2007 trunk hookup charge is $1,669 for sanitary sewer and $4,485 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 33. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. Permits from the appropriate regulatory agencies will be required, including the MPCA, Dept. of Health, Carver County, and the Watershed District. 34. The sanitary sewer easement will need to be changed from 20 feet to 30 feet to ensure proper access for maintenance of this line. The actual location of the watermain and the easement must be shown to determine if the easement is sufficient. Lotus Woods Subdivision Planning Case 07-09 May 15, 2007 Page 21 of 21 35. The site distance for turning onto Fox Hill Drive must be verified. Upon project completion, the applicant shall submit a set of "as-built" plans signed by a professional civil engineer. 36. Sheets 2 through 12 shall be revised to reflect the adjusted property lines." ATTACHMENTS 1. Findings of Fact. 2. Development Review Application. 3. Public Hearing Notice and Affidavit of Mailing. 4. Plans Dated May 4, 2007. g:\plan\2007 planning cases\07-09 lotus woods\staffreport pc.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Lotus Woods - Planning Case 07-09 On May 15,2007, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of a Preliminary Plat with variances to Subdivide 7.6 acres into 11 single-family lots and one outlot, Lotus Woods. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned RSF, Single-Family Residential. 2. The property is guided in the Land Use Plan for Residential- Low Density (1.2- 4.0 units per net acre). 3. The legal description ofthe property is attached as exhibit A. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a) The proposed subdivision is consistent with the zoning ordinance; b) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; c) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; 1 d) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e) The proposed subdivision will not cause environmental damage; f) The proposed subdivision will not conflict with easements of record; and g) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1. Lack of adequate storm water drainage. 2. Lack of adequate roads. 3. Lack of adequate sanitary sewer systems. 4. Lack of adequate off-site public improvements or support systems. 5. Variances. The City Council may grant a variance from the regulations contained in the subdivision ordinance as part of the plat approval process following a finding that all of the following conditions exist: a) The hardship is not a mere inconvenience. b) The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. f c) The conditions upon which the request is based are unique and not generally applicable to other property. d) The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. 6. The planning report Planning Case 07-09, dated May 15, 2007, prepared by Sharmeen AI-Jaff, et aI, is incorporated herein. 2 RECOMMENDATION The Planning Commission recommends that the City Council approve the Preliminary Plat with variances. ADOPTED by the Chanhassen Planning Commission this 15th day of May, 2007. CHANHASSEN PLANNING COMMISSION BY: Jerry McDonald, Chairman 3 Exhibit A PROPERTY DESCRIPTION: That part of Government Lot 8, Section 1, Township 116, Range 23, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 221.029 feet Southeasterly from the point of intersection of the center line of said Lakeview Drive with the Center line of Fern Road; thence North 79 degrees 37 minutes East 611 feet; thence North 75 degrees 07 minutes East 248.5 feet, more or less, to the high water mark of Long Lake (also known as Lotus Lake); thence Southerly along the high water mark of said lake to the South line of said Section 1; thence North 89 degrees 31 minutes 29 seconds West along the South line of said Section 1, a distance of 950 feet more or less to a point in the center line of said Lakeview Drive distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East from the point formed by the intersection of the center line of said Lakeview Drive and Fern Road; thence along the center line of said Lakeview Drive on a bearing North 22 degrees 21 minutes 40 seconds West, a distance of22.489 feet to the point of beginning. Above mentioned Lakeview Drive and Fern Road being shown on the plat of CARVER BEACH on file and of record in the Office ofthe Registrar of Titles in and for Carver County, Minnesota. AND That part of Government Lot 6, Section 12, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines of Fern Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence South 89 degrees 31 minutes 29 seconds East 950 feet plus or minus in and along the division line between Sections 1 and 23 of Carver County to the high water mark of Long Lake; thence in a Southeasterly direction along the high water mark of Long Lake 115 feet plus or minus to a point 100 feet at right angles to the first course when said course is projected Easterly; thence Northerly 89 degrees 31 minutes 29 seconds West 965 feet plus or minus to the center line of Lakeview Drive; thence North 22 degrees 21 minutes 40 seconds West, 108.505 feet to the point of beginning, being a part of Government Lot No.6, Section 12, Township 116, Range 23, same being registered land as evidence by Certificate of Title No. 1726, Carver County, State of Minnesota. That lies Westerly of Line A described as follows: Commencing at a point in the center line of Lakeview Drive, distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East, from the point formed by the intersection of the center lines ofFem Road and Lakeview Drive, as designated and delineated on the Map of Carver Beach, at Long Lake, according to the plat thereof, on file and of record in the office of the Registrar of Titles in and for said County and State of Minnesota; and running from thence 4 South 89 degrees 31 minutes 29 seconds East along the North line of said Section 12, a distance of 530.06 feet to the point of beginning of said Line A to be described; thence South 03 degrees 01 minutes 32 seconds to a point 100.00 feet at right angles from the South line of said Section 1, and said Line A there terminating. AND Outlot A, BIG WOODS ON LOTUS LAKE, Carver County, Minnesota, according to the record plat thereof. AND AMICK PROPERTY: That part of Government Lot 8 in Section 1, Township 116, Range 23, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 121.029 feet Southeasterly from the point of intersection of the center line of said Lakeview Drive with the center line of Fern Road; thence Southeasterly along the center line of said Lakeview Drive 25 feet; thence North 75 degrees 07 minutes East to the high water mark of Long Lake (also known as Lotus Lake); thence Northerly along the high water mark of said lake 25 feet, more or less, to its intersection with a line bearing North 75 degrees 07 minutes East from the point of beginning; thence South 75 degrees 07 minutes West 866.5 feet, more or less, to point of beginning. Above mentioned Lakeview Drive and Fern Road being shown on the plat of CARVER BEACH on file and of record in the office ofthe Registrar of Titles in and for Carver County, Minnesota. Subject to an easement granted to the Northern Sates Power Company July 22nd, 1941. Beginning at a point in the center line of Lakeview Drive, distant 20.172 feet on a bearing of South 22 degrees 21 minutes 40 seconds East from the point formed by the intersection of said Lakeview Drive and Fern Road as shown on the map entitled: "Map of Carver Beach", according to the plat thereof, on file and of record in the office ofthe Registrar of Titles for said County of Carver and State of Minnesota; and running from thence along the Southerly line of Fern Road on a bearing of North 75 degrees 07 minutes 00 seconds East, a distance of 880 plus or minus foot to the high water mark of Long Lake; thence in a Southerly direction along the high water mark of said Long Lake 100 plus or minus feet to a point 100 feet at right angles to the first course, when said course is projected; thence on a course of South 75 degrees 07 minutes 00 seconds West, a distance of 873 feet plus or minus, to a point in the center line of Lakeview Drive, distant 121.029 feet in a Northwesterly direction from the intersection of Lakeview Drive and Fern Road; thence along the center line of Lakeview Drive on a course of North 22 degrees 21 minutes 40 seconds West, a distance of 100.857 feet to the point of beginning. Containing 2.03 acres plus or minus. AND CERVILLA PROPERTY: Beginning at a point in the center line of Lakeview Drive, distant 121.029 feet in a Southeasterly direction from the intersection of Lakeview Drive and Fern Road, and running from thence on a 5 bearing of North 75 degrees 07 minutes 00 seconds East, a distance of873 feet plus or minus to the high water mark of Long Lake; thence in a Southerly direction along the high water mark of Long Lake to a point distant 375 feet at right angles to the first course when said course is projected; thence on a course of North 89 degrees 31 minutes 29 seconds West, which is also the division line between Sections 1 and 12 of Carver County, a distance of 950 feet plus or minus to a point in the center line of Lakeview Drive Distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East from the point formed by the intersection of the center line of Lakeview Drive and Fern Road; thence along the center line of Lakeview Drive on a bearing of North 22 degrees 11 minutes 40 seconds West, a distance of 122 feet plus or minus to the point or place of beginning containing 5.17 acres plus or minus, as shown on a map entitled CARVER BEACH, according to the plat thereof on file and of record in the office of the Registrar of Titles for said County of Carver and State of Minnesota. Subject to an easement granted to the Northern States Power Company July 22, 1941. Excepting therefrom: That part of Govemment Lot 8 in Section 1, Township 116, Range 23, described as follows: Beginning at a point in the center line of Lakeview Drive, distant 121.029 feet Southeasterly from the point of intersection of the center line of said Lakeview Drive with the center line of Fern Road; thence Southeasterly along the center line of said Lakeview Drive 25 feet; thence North 75 degrees 07 minutes East to the high water mark of Long lake (also known as Lotus Lake); thence Northerly along the high water mark of said lake 25 feet more or less, to its intersection with a line bearing North 75 degrees 07 minutes East from the point of beginning; thence South 75 degrees 07 minutes West 866.5 feet, more or less, to point of beginning. Above mentioned Lakeview Drive and Fern Road being shown on the plat of CARVER BEACH on file and of record in the office of the Registrar of Titles in and for Carver County, Minnesota. Subject to an easement granted to the Northern States Power Company July 22, 1941. Also Excepting Therefrom: That part of Government Lot 8 in Section 1, Township 116, Range 23, described as follows: Beginning at a point in the center line of Lakeview Drive distant 221.029 feet Southeasterly from the point of intersection ofthe center line of said Lakeview Drive with the center line of Fern Road; thence North 79 degrees 37 minutes East 611 feet, thence North 75 degrees 07 minutes East 248.5 feet, more or less, to the high water mark of Long Lake (also known as Lotus Lake); thence Southerly along the high water mark of said Lake to the South line of said Section 1, thence North 89 degrees 31 minutes 29 seconds West along the South line of said Section 1, a distance of 950 feet, more or less, to a point in the center line of said Lakeview Drive distant 243.518 feet on a bearing of South 22 degrees 21 minutes 40 seconds East from the point formed by the intersection of the center line of said Lakeview Drive and Fern Road; thence along the center line of said Lakeview Drive on a bearing North 22 degrees 21 minutes 40 seconds West, a distance of22.489 feet to the point of beginning. Above mentioned Lakeview Drive and Fern Road being shown on the plat of CARVER BEACH on file and of record in the Office of the Registrar of Titles in and for Carver County, Minnesota. Subject to an easement granted to the Northern States Power Company July 22, 1941. G:\PLAN\2007 Planning Cases\07-09 Lotus Woods\Lotus Woods Property Desc.doc 6 10/16/2006 12:07 7535823522 OTTO ASSOCIATES . PAGE 02 CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317- (952) 227-1100 Planning Case No. D'7-09 CITY OF CHANHASSEN RECEIVED PLEASE: PRINT A~P-' nt Name and Address: L &M~;-~c: If.3t:75 J;~/ //;~~ L~ V ~ Uh,ned//.J:I~ ~- <:"5'?c:> 9 Contact: ~ ;z:;;:;;~ Phone:"ZPY-CI3 ~-03'5Y1=ax: r)l-"7t'b -l.Ja:::y' Email: ;(('1'" /c4....o,., 195 QcJ/"- Cc::h-7 Contact: O<G?0 /~~ ~~Oa~r7;~1:~52~J:~. S'Oo/ NOTE: Consultation with City staff is required prior to submittal, Including review of development plans Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit (CUP) Vacation of Ri9ht-of-WaylEasements (YAC) V Variance (VAR) C <30 Interim Use Permlt (IUP) Non-conforming Use Permit Wetland Alteration Permit ~AP) Planned Unit Development. Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review V Notification Sign ~ (City to Install and remove) X Escrow for Filing FeesfAttomey Cost'" Site Plan Review (SPR)" - $50 CUP/SPRNACNARfWAPIMetes & Bounds QQ - $450 Minor SUB V Subdivision" 735 -. TOTAL FEE $ Il35~ rvl b{ o.PP"'C(i.. n ~ ~()O +- (Ff (IS'.: "?Js)-=-r~5 ~ c~-A~ S An additional fee of $3.00 per address within the 'public: hearing notification area will be 'nvolced to the applicant prIor to the public hearing. "Sixteen (16) full-slze fo'd~ copies of the plans must be submitted, Including an 8%" X 11" reduced copy for each plan sheet along with a t[qftal CO~ in TIFF-Group 4 (* .tit) fonnal. HEscrow 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. # FROM : COREGROUP & ASSOC I ATES FAX NO. 9529422938 Oct. 31 2006 05:05PM P2 l8/16/2eas 1~:a7 1536823522 OTTO ASSO'::XATEs ! PAGE 03 F'ROJEcr NAME: LOCATION: See TOTAl ACREAGE: WErLANOs ~SSENT: PRESENT ZONING: ReQUESmo 20N1NG: mESENT ~D USE OESIGNATION: REQUE$1'E'O LANe USE oesIGNAnON: ReASOl'i FOR R~QUEST: S". ~ :I '"" epp&catioo must be c:cmp!efed In ful and be ~ ct ~ printed and m b& QCCOITlpNMd by alll'lforma1c" and plans I'!qUlred by ~r~bfe ~ Ot'dm~ prevls1ans. Bef~ filing tI'll$:2 ie:JtorI. you !lPlould Conftr WIth th, PJamil'l9 ~ttc cletellT'f111!11b11 ~ on:lIn~ Uld proceduml ~ plicable to)IeVr IlPpI!ea!lQlt, A ~~ rA toM'lPelenes$ of Ute appSleatbt st1:111 be m:lde wUhln 15 busil'less of ap;:lIlc:afon submtal. A wrlttan ~ce Qf ~ ~fenQ6S &h:all ba ~ 10 the ap~V;itl1rh 15 bl.lS~ . otlpptqtion. This is = certify Ih3t f am morklng lpplfetlfon For tn~ lf~ aelicn IJy ~e CIIy ~ I am rtlCJ)Ol\Illbla for com~ wt!h aU cay ~tsWIl1I'l'1~ to fhls requd. 111ls~1ion ShooId b9 ~(ld my name ant11 am the p;rtyvmcrn . the euv 8houtd Cl:ln1act ~:trrt rnattlr pertQlr'lin~ to ~ ~on. I hQVe a ~ed iii ~ of proof' Df ~p (eilherc:OW of Ownot's OclPlioato Certiliauli:l ofTllkl, ~ of 1it1a or purefulse ag ; tit I am ~ authorlzed pen;:zm to make this e~lcation and tht! fee owner has ~ Eigood thl$ ~Ql'J. , will keep ~I' Informed of th9 ~cJllnm; for ~ of mmeMI Md the gtess r:l this apfJllc;tron. I b1hor U~d that addi~cnal f~ rrI1i be ~rged for QOnsulUng fee9, faaslbllity ~die . ete. wit! fJn c:t&l'Mte PlIo:- to W'tf ucri2:at/on to ~ y. The deal '1M Informetion I have subni ere In.re and o;rT9Ct to the ~t of rnyJcnowr~ 'P. (. t.- t:.rp'ur:-q ~~ .~ 7.onJ7.nn@l i . .. I SJamrOH rr JeJIJaII llIlIaa mOt MR 7.~R TV1f RrJ. 'I%JD5 ~~:gt ~~t gnOZ/T~/or CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on April 27, 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 Postponement of Public Hearing for Lotus Woods - Planning Case 2007-09 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 before me this Is-\- day of Mt'.\..Y ,2007. ~ I > KIM T. MEUWISSEN I ".i.-/o Notary Public-Minnesota ,,<..;.;...,~ My Commission Expires Jan 31, 2010 CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF RESCHEDULED PUBLIC HEARING Dear Property Owner: On April 19, 2007, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: . Request for subdivision (LOTUS WOODS) with variances on property zoned Residential Single Family located south of Fox Hill Drive, east of Carver Beach Road, north of Big Woods Drive, and west of Lotus Lake. Applicant: Paul Eidsness et al The public hearing has been RESCHEDULED for Mav 15, 2007 in the City Hall Council Chambers. The meeting will begin at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. If you have questions regarding this proposal, contact Sharmeen AI-Jaff at 952-227-1134 or by email: saliaff@cLchanhassen.mn.us, or visit the City's NEW projects web page at www.ci.chanhassen.mn.us/serv/plan/07-09.html CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF RESCHEDULED PUBLIC HEARING Dear Property Owner: On April 19, 2007, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: . Request for subdivision (LOTUS WOODS) with variances on property zoned Residential Single Family located south of Fox Hill Drive, east of Carver Beach Road, north of Big Woods Drive, and west of Lotus Lake. Applicant: Paul Eidsness et al The public hearing has been RESCHEDULED for Mav 15, 2007 in the City Hall Council Chambers. The meeting will begin at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. If you have questions regarding this proposal, contact Sharmeen AI-Jaff at 952-227-1134 or by email: saliaff@cLchanhassen.mn.us, or visit the City's NEW projects web page at www.ci.chanhassen.mn.us/serv/plan/07-09.html lolLS Ulke Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952.227.1107. The preceding disclaimer is provided pursuant to Minnesota Statutes !l466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the use~s access or use of data provided. lolLS Ulke Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes !l466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harrness the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. CHAD R & ROBIN E POINTER 6896 NAVAJO DR CHANHASSEN . MN 55317 -9571 DOUGLAS D SUMNER 699 CARVER BEACH RD PO BOX 2001 CHANHASSEN. MN 55317 -2001 JAMES R JR & ELLEN J CRANSTON 695 CARVER BEACH RD CHANHASSEN. MN 55317 -2101 DANIEL L RADECKI 5808 80TH AVE N BROOKLYN PARK. MN 55443 -2105 TODD & KRISTIN JACKSON 621 BROKEN ARROW DR CHANHASSEN. MN 55317 -9569 ALLEN I & BARBARA S OLSON 9435 LIBBY LN EDEN PRAIRIE. MN 55347 -4280 RANDY SCHLUETER 580 FOX HILL DR CHANHASSEN. MN 55317 -9538 CRAIG J & ALL YSON L BENZ 620 FOX HILL DR CHANHASSEN. MN 55317 -9512 JAMES V & MARY L FRERICH 651 BROKEN ARROW DR CHANHASSEN . MN 55317 -9569 DALE & PAMELA I STAHL 580 BIGHORN DR CHANHASSEN. MN 55317 -8805 RICHARD J & JUDITH L WILLIAMS 570 BIGHORN DR CHANHASSEN . MN 55317 -8805 FRANK P & BONNIE L FILKO 550 BIGHORN DR CHANHASSEN . MN 55317 -8805 JOHN C & VICKI L FRAZIER 610 BIGHORN DR CHANHASSEN . MN 553 17 -8806 CURTIS C & JUDITH N QUlNER 725 PONDEROSA DR CHANHASSEN. MN 55317 -9419 JOHN D JR & LISA LENSEGRA V ETAL 6880 LOTUS TRL CHANHASSEN. MN 55317 -9559 MARK W & VALERIE NELSON 6890 NAVAJO DR CHANHASSEN. MN 55317 -9571 ERNEST F & MARY ANNE E PIVEC 5060 MEADVILLE ST EXCELSIOR. MN 55331 -8788 LANA L MATSON-GALVIN & JEFFREY D GALVIN 6893 NAVAJO DR CHANHASSEN. MN 55317 -9572 CRAIG & MARY E RHATIGAN 599 BROKEN ARROW DR CHANHASSEN . MN 55317 -9569 RICK! LEE HALE & DEEANN W ALLENTlNE-HALE 600 FOX HILL DR CHANHASSEN. MN 55317 -9512 STEVEN C & SHARON LASH 356 CHIEF BOYD DR NE CASS LAKE. MN 56633 -3241 ROBERT IAN AMICK 581 FOX HILL DR CHANHASSEN . MN 55317 -9538 CONSTANCE M CERVILLA 650 CARVER BEACH RD CHANHASSEN. MN 55317 -2101 BRYAN & JENNIFER GRIMM 720 PREAKNESS LN CHANHASSEN . MN 55317 -9238 MATTHEW T & LISA A KOEPPEN 5410 GROVE ST EDINA. MN 55436 -2210 CURTIS W & NOELLE W SWENSON 597 BIG WOODS BLVD CHANHASSEN. MN 55317 -4504 CHRISTOPHER S CHARLSON & SHARIE L CHARLSON 581 BIG WOODS BLVD CHANHASSEN . MN 55317 -4504 RICHARD M GORRA 8201 STONE CREEK DR CHANHASSEN. MN 55317 -7414 RICHARD ARTHUR SHEA 533 BIG WOODS BLVD CHANHASSEN . MN 55317 -4504 ROBERT C HUIBREGTSE & BETSY A SWEDLUND 565 BIG WOODS BLVD CHANHASSEN. MN 55317 -4504 JOHN H L ODOM JR BARBARA A F OooM 6390 PLEASANT VIEW CV CHANHASSEN . MN 55317 -9263 DAVID 0 & RACHEL A IGEL 501 BIG WOODS BLVD CHANHASSEN. MN 55317 -4504 DEAN R & DENISE T PRESTON 606 CARVER BEACH RD CHANHASSEN. MN 55317 -2101 ERIC V & NIKKI D TRUlLLO 600 BIGHORN DR CHANHASSEN . MN 55317 -8806 DAVID A & JULIANNE OLSON 590 BIGHORN DR CHANHASSEN . MN 55317 -8805 GEORGENE M SORENSEN 540 BIGHORN DR CHANHASSEN . MN 55317 -8805 CHARLES & ANNETTE BUENGER 520 BIGHORN DR CHANHASSEN . MN 55317 -8805 ZACHARY A & JENNIFER L HARRIS 1252 WILDWOOD PL CHASKA. MN 55318 -9734 DEAN T & SUSAN L STANTON 500 BIGHORN DR CHANHASSEN . MN 55317 -8805 PAULDGRAN 620 BIGHORN DR CHANHASSEN . MN 55317 -8806 KENNETH W & COLLEEN J VERMEER 730 PREAKNESS LN CHANHASSEN. MN 55317 -9238 PHILIP M HANSON 621 CARVER BEACH RD CHANHASSEN. MN 55317 -2101 CARVER BEACH PROPERTIES C/O ADRIAN JOHNSON 332 2ND ST EXCELSIOR. MN 55331 -1806 DELAHA YE ENTERPRISES LLC PO BOX 693 EXCELSIOR. MN 55331 -0693 JOSEPH T & JANICE S MORTON 691 I YUMA DR CHANHASSEN . MN 55317 -9560 JEFFREY L KLEINER 655 CARVER BEACH RD CHANHASSEN. MN 55317 -2101 GREG & MARIA LINDSLEY 500 BIG WOODS BLVD CHANHASSEN. MN 55317 -4504 ARMIN C & NANCY E DREISSIGER 560 BIGHORN DR CHANHASSEN . MN 55317 -8805 RICHARD & SANDRA MONSETH 530 BIGHORN DR CHANHASSEN. MN 55317 -8805 JON ALAN LANG 640 CARVER BEACH RD CHANHASSEN. MN 55317 -9428 PAUL T EIDSNESS & ANDREA S EIDSNESS 4395 TRILLIUM LN W MINNETRISTA. MN 55364 -7713 JOSEPH G III & BARBARA C BETZ 6940 LOTUS TRL CHANHASSEN . MN 55317 -9559 PATRICK T MCRAITH 6900 LOTUS TRL CHANHASSEN . MN 55317 -9559 MICHAEL ROWE 10912THST FARMINGTON. MN 55024 -8856 EXECUTIVE QUALITY HOMES INC 20741 320TH ST NEW PRAGUE. MN 56071 -4530 MICHAEL O'KELLY 2733 TYRONE LN MOUND. MN 55364 -1828 JEFFREY B & MARY V KING 6886 LOTUS TRL CHANHASSEN . MN 55317 -9559 . ' . 'J!~f', '~fhH:~tdf I ,i! . ,t~ ,I d j!! 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