The URL can be used to link to this page

4. Plowshares Development, LLCCITY OF CHANHASSEN PC DATE: 01/06/04 CC DATE: 01/26/04 REVIEW DEADLINE: 02/16/04 CASE #: 04-01 BY: RG, LH, TH, ML, JS, MS, ST STAFF REPORT PROPOSAL: Request for a Land Use Plan Amendment From Residential - Low Density to Residential - Medium Density; a Conditional Use Permit for Development Within the Bluff Creek Overlay District; Preliminary Planned Unit Development (PUD) Review for an 18-Unit Townhouse Project; Site Plan Review for an 18-Unit Townhouse Project; Subdivision Approval for 18 Townhouse Lots and Outlots; and a Variance from the Bluff Creek Overlay District Setback, Highlands of Bluff Creek. LOCATION: APPLICANT: 2930 West 78th Street Northeast corner of West 78th Street and Trunk Highway 41 Plowshares Development, LLC 1851 Lake Drive West #550 Chanhassen, MN 55317 (952) 361-0832 Susan McAllister 2930 West 78th Street Chanhassen, MN 55317 PRESENT ZONING: District A2, Agricultural Estate District and BCO, Bluff Creek Overlay 2020 LAND USE PLAN: Residential - Low Density ACREAGE: 6.52 acres DENSITY: 2.76 units/acre gross; 3.18 units/acre net SUMMARY OF REQUEST: The applicant in proposing an 18 unit townhouse project consisting of three two-unit structures and four three-unit structures. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings, PUD's, and amendments to PUD's because the City is acting in its legislative or policy making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. LOCATION MAP Minnewashta Regional Park Minnesota Landscape Arboretum m Boulevard Minnesota Landscape Arboretum Park J ~-~ll-~sster Parcel ~ , VI~ ?STN, State Hwy 5 Arbore[um Boulevar~ Corporate Place Char~hassen Nature Preserve Chanh, assen Nature Preserv~ Highlands of Bluff Creek December 29, 2003 Page 2 of 20 The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. 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 site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. This is a quasi-judicial decision. PROPOSAL/SUMMARY The applicant is proposing site plan for an 18 unit townhouse development, Highlands of Bluff Creek, consisting of three two-unit structures and four three-unit structures. Access to the lots would be via a private street which would be constructed to a 31 foot wide pavement standard, similar to a public street, rather than the 26 feet required. There would be one access point onto West 78th Street, located at the existing curb cut for the property. The request includes a land use map amendment to permit the density transfer within the Bluff Creek Overlay District, since the PUD ordinance currently does not permit density transfer in properties guided residential - low density; and a Planned Unit Development which permits the clustering of housing units; a subdivision with a variance request for the setback from the Bluff Creek primary zone; a conditional use permit for development within the Bluff Creek Overlay District; and site plan review for an 18-unit townhouse development. The applicant appeared before the Planning Commission in August 2003 to present a concept plan for the property. The concept plan included 24 units in three and four-unit structures. The Planning Commission was generally supportive of some type of townhouse project for the site, but with fewer units. As part of the submittal process, staff requested that the applicant prepare a sketch plan (sketch 1) to establish the capacity of the site based on a twin home development, ignoring the primary zone boundary, as outlined in the Bluff Creek Overlay District standards. The sketch plan established 18 units as the maximum potential development density of the site. However, such a plan does not assure that 18 units will be approved, since any proposed development would still need to comply with city code requirements. The applicant initially submitted a plan containing 19 units in three and four-unit structures (alternate plan 1). However, this plan ignored the primary zone boundary and proposed two access points on to West 78th Street. Staff rejected the plans. The next plan (alternate plan 2) shifted the development south on the site in recognition of the primary zone. However, alternate plan 2 did not incorporate two and three-unit structures similar to the development to the east. The applicant Highlands of Bluff Creek December 29, 2003 Page 3 of 20 revised the plans to include two and three-unit buildings, Highlands of Bluff Creek, which is the proposal being reviewed by the Planning Commission. On the south and east sides of the development is Arboretum Village which consists of townhouses. To the north of West 78th Street, the townhouses are constructed as two, three and four-unit structures at a Net Density of 3.5 units per acre (137 units + 39 acres = 3.5). South of West 78th Street consists of four, six and eight-unit structures at a Net Density of 8.7 units per acre (242 units +27.8 acres = 8.7). The overall net density of the Arboretum Village development is 5.7 units per acre. The project abuts the headwaters of Bluff Creek. Approximately 30 percent of the site is located within the Bluff Creek Overlay District primary zone that includes the wooded area on the north side of the development which slopes down to the wetland complex north of the property. The proposed development encroaches into the primary zone by approximately 35 feet adjacent to lots 4, 5 and 6 in exchange for expanding the primary zone by 40 feet in the area of the existing barn and corral. Additionally, the applicant has incorporated a planting plan within this area to help re- vegetate this area. However, the primary zone is intended to be preserved in its existing state and expanded and protected if possible. While staff supports the granting of a setback variance to permit a 20 foot setback rather than a 40 foot setback due to the site constraints, we do not support the encroachment in to the primary zone itself. The applicant's site plan lays out the development in a logical manner and the houses have significant articulation. The only issue not addressed is how the individual buildings will be differentiated from one another. The applicant's narrative states that, "the use of various building materials including columns, shakes, lap siding, stone, brick, and color selection shall provide a visual variety to the exterior of each building." However, there is no specific plan submitted that will outline exactly how this "visual variety" will be achieved. Therefore, staff is recommending that the applicant work with staff to create a specific plan to assure the differentiation in building elevations. The plan shall provide that no two adjacent buildings have the same exterior building accent materials and colors. Additionally, the applicant should incorporate the use of different window treatments, e.g. shutters, window boxes, etc., and types, e.g. multi-paned, half round, dormers, etc., to assist in the individualization of the buildings. Staff is recommending that the land use plan amendment be approved contingent on final PUD development plan approval and Metropolitan Council approval, the concept and preliminary Planned Unit Development be approved, the preliminary plat be approved with a variance to the Bluff Creek setback subject to modifications to the plan and the appropriate conditions of approval, the conditional use permit be approved, and the site plan be approved. BACKGROUND On July 24, 2000, the City Council approved the applicant's request for a zoning ordinance amendment (ZOA #00-1) to allow petting farms as an interim use in the A-2, Agricultural Estate district. Highlands of Bluff Creek December 29, 2003 Page 4 of 20 On July 24, 2000, the City Council also approved the applicant's request for an interim use permit (IUP #00-2) to operate a petting farm. In May 2001, the City approved Arboretum Village, a planned unit development located directly south and east of the applicant's property. As part of this development, an outlot was created to preserve the natural features. This outlot is south of a wetland and includes the wetland buffer area. This outlot abuts the applicant's property on the north and east sides. In 2001, the city undertook utility expansion in the BC-7 and BC-8 sewer subdistricts. This utility improvement brought sanitary sewer and water service from Galpin Boulevard to the west side of Highway 41. As part of the Arboretum Village 2nd Addition, the developer extended sanitary sewer service to the eastern property line of the site. As part of a state project on TH 41 that corresponded with the Arboretum Village development, the Minnesota Department of Transportation (MnDOT) has required the southerly driveway access on the applicant's property to Highway 41 be closed and relocated for safety reasons to West 78th Street. On June 24, 2002, the Chanhassen City Council approved Conditional Use Permit #2000-3 to permit development within the Bluff Creek Overlay District for Miss Rosie's Farm and an amendment to Interim Use Permit #2000-2 to permit revision of the petting farm plan with a variance for the use of gravel driveways or grass pave system. REZONING Justification for Rezoning to PUD The applicant is requesting to rezone approximately 6.5 acres from A2 to PUD-R, Planned Unit Development-R. The project consists of 18 townhouse units incorporated in three 2-unit structures and four 3-unit structures. The review criteria are taken from the intent section of the PUD Ordinance. Section 20-501. Intent Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD in this instance is to permit density clustering for development within the Bluff Creek Overlay District. The use of the PUD zoning also allows for an internal transfer of density. In exchange for this enhanced flexibility, the City has the expectation that the development plan will result in a significantly higher quality and more sensitive proposal than would have been the case with the other more standard zoning districts. The proposed development provides a compatible development with the surrounding development and preserves the Bluff Creek corridor subject to the recommended modifications to the plan. Highlands of Bluff Creek December 29, 2003 Page 5 of 20 The proposed amendment and rezoning assist in the furtherance of the following land use goals of the City of Chanhassen Comprehensive Plan: Development will be encouraged within the MUSA line. The plan should seek to establish sufficient land to provide a full range of housing opportunities. The city will seek opportunities to provide transitions between different uses of different types. Development should be phased in accordance with the ability of the city to provide services. The proposed amendment and rezoning assist in the furtherance of the following housing goals of the City of Chanhassen Comprehensive Plan: A balanced housing supply with housing available for people of all income levels. A variety of housing types for people in all stages of the life-cycle. Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. Staff is proposing the following development standards govern the development of the property. DEVELOPMENT DESIGN STANDARDS a. Intent The purpose of this zone is to create a Planned Unit Development (PUD) for a townhouse development consisting of two and three-unit structures. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. Each building proposed for development shall comply with the development standards outlined below. b. Permitted Uses Two and three-unit townhouse structures. Accessory Use (on Outlot B only) Gazebo Retaining Wall Maintenance Shed School Bus Shelter Picnic Shelter Sidewalks Project Identification Sign Street, Private Highlands of Bluff Creek December 29, 2003 Page 6 of 20 c. Setbacks The following building setbacks shall apply West 78th Street 50 ft. TH 41 50 ft. Perimeter of townhouse lot (front, rear and end) 10 ft. East Development Property Line 30 ft. Bluff Creek Primary Zone I 20 ft. de Development Site Coverage and Building Height The standard for hard surface coverage is 30% for the overall development. The maximum building height shall be two stories/35 feet. Building Materials and Design The PUD requires that the development demonstrate a higher quality of architectural standards and site design. All materials shall be of high quality and durable. Materials used shall be from the approved material pallet. All exterior equipment shall be screened by walls or landscaping. Site Landscaping and Screening All buffer landscaping, including boulevard landscaping, shall be installed when the actjacent grading and construction is completed Native species shall be incorporated into site landscaping, whenever possible. Signage One project identification sign shall be permitted for the development at the entrance on West 78th Street. Project identification signs shall not exceed 24 square feet in sign display area nor be greater than five feet in height. The sign treatment is an element of the architecture and thus should reflect the quality of the development. Highlands of Bluff Creek December 29, 2003 Page 7 of 20 3. Signage shall be comprised of individual dimensional letters and logos. h. Lighting 1. A shoe box fixture with decorative natural colored pole shall be used throughout the development for area lighting. 4. All light fixtures shall be shielded. Light level for site lighting shall be no more than 1/2 candle at the project perimeter property line. SUBDIVISION REVIEW Lot Tabulation: Lot Area (sq. ~.) Width (~.) Depth (~.) I 3,960 46 86 2 3,103 36 86 3 3,960 46 86 4 3,960 46 86 5 3,103 36 86 6 3,944 45 86 7 3,917 42 81 8 3,927 42 82 9 3,960 46 86 10 3,103 36 86 11 3,960 46 86 12 3,960 46 86 13 3,103 36 86 14 3,960 46 86 15 3,960 46 86 16 3,960 46 86 17 3,960 46 86 18 3,986 46 86 19 98,497 NA NA Outlot A 80,376 NA NA TH 41 37,374 Total 284,007 The Planned Unit Development does not have minimum lot sizes. The overall density is 3.18 units per acre. BLUFF CREEK OVERLAY DISTRICT The Bluff Creek Corridor Study is a vision and planning document that has the following goals: Highlands' of Bluff Creek December 29, 2003 Page 8 of 20 1. Protection, Restoration and Enhancement of Natural Resources 2. Acquire land to create a continuous greenway along the creek from the Minnesota River to Lake Minnewashta 3. Create development standards that manage upstream such as mixed or cluster development easements and alternative zoning 4. Develop educational watershed awareness program 5. Develop a Natural Resources Plan An overlay district was created for Bluff Creek with a primary and secondary corridor. The primary corridor boundary delineates a conservancy zone where undistributed conditions are desired. This is the area where any type of development and/or human activity directly impacts the morphological and biological characteristics of Bluff Creek. The secondary corridor boundary delineates a management zone. This is the area where development and/or urban activities directly affect the stream's upland ecosystem. The preservation and enhancement of this area will result in a better habitat and less strain on the stream. Management practices for this area focus on the preservation and enhancement of upland vegetation and the reduction of peak flows. The northern portion of the site is enveloped by the Bluff Creek Overlay District. The Primary Zone extends to the edge of the canopy/tree line. All structures must maintain a 40-foot setback from the Primary Zone boundary and no grading may occur within the first 20 feet of the setback. Lots 1-7 do not meet the required 40-foot setback and, in fact, encroach into the Primary Zone. All slopes and vegetation within the Primary Zone must be preserved. Due to site constraints, staff recommends a variance that would allow a 20-foot setback from the Primary Zone boundary with no grading occurring within the first 10 feet of the setback. Lots 4, 5 and 6 do not meet the recommended 20-foot setback and 10-foot "no-grade" requirements. Roof drainage and sump pumps for those houses adjacent to the Bluff Creek Primary Zone shall be directed to the drain-tile system behind the street curb. GRADING~ DRAINAGE AND EROSION CONTROL The plans propose to grade about 50% of the site for the new 18-unit townhouse pads, a proposed private driveway ending with a partial hammer-head turnaround and a storm water pond. The proposed grading will prepare the site for lookout-type dwellings on Lots 2-11 and full basement walkouts on the remaining lots. Drainage swales have been proposed along the sides of the houses to maintain the neighborhood drainage pattern through the property. The plan proposes a 9-foot retaining wall along the east side of the development. The applicant should be aware that any retaining wall over 4 feet will require a building permit and must be designed by a Minnesota Registered Professional Structural Engineer. Also, all walls over 4 feet in height will require an approved safety fence at the top of the wall. The existing site drainage runs off site from the southwesterly quarter of the parcel to the east and north toward Bluff Creek. Under developed conditions, the applicant is proposing to capture all of Highlands of Bluff Creek December 29, 2003 Page 9 of 20 the drainage from Lots 12-18, all of the street drainage, all of the front yard drainage from the remaining lots and route the storm water to a proposed NURP pond in the southeasterly side of the site. The applicant is proposing an outlet overflow point to control the discharge of water from the proposed pond. The over flow water will be conveyed via storm sewer to an existing storm sewer, along the south side of West 78th Street, ending at a regional storm pond at the northwest quad of Century Boulevard and Highway 5 intersection. The amount of area that will still drain off site to the north toward Bluff Creek has been dramatically reduced. To date, only summary drainage calculations have been submitted. The applicant must submit calculations with a drainage map for staff review. The applicant will be required to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards and utilize a 10:1 safety bench slope at the normal water level (NWL). The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. Staff recommends that Type II silt fence be used along all sides adjacent to the grading area and Type III along the north side adjacent to the Bluff Creek overlay line. In addition, tree preservation fencing must be installed at the limits of tree removal. A 75-foot minimum rock construction entrance, per City Detail Plate No.5301, should be added to the entrance that will be accessed during construction. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. Storm Water Management A manhole with a two-foot sump should be installed as the last structure that is road accessible prior to discharge to the storm water pond. The proposed development is required to maintain existing runoff rates. Complete storm water calculations should be submitted to ensure the proposed storm water pond is sized adequately for the proposed development. The General Grading and Drainage Notes state that, "Positive drainage from the site must be provided at all time." The note regarding positive drainage should be amended to indicate that the site must meet sediment and erosion control regulations while providing positive drainage and to address National Pollutant Discharge Elimination System (NPDES) dewatering regulations. Easements A drainage and utility easement should be provided over the proposed storm water pond. Highlands of Bluff Creek December 29, 2003 Page 10 of 20 Erosion and Sediment Control Riprap and geotextile fabric should be installed at the flared end sections of the inlet of the storm water basin. Inlet control is needed following installation of inlet structures. Inlet control methods will be varied before and after pavement of the street. Before pavement, inlet protection could consist of heavy-duty mono-mono silt fence with 4-foot spacing of metal T-posts and 1" rock around silt fence material. After pavement, compost socks, sand bags or rock and wire could be used as temporary inlet control. Silt fence should be provided as needed to prevent sediment from leaving the site. A light duty silt fence should also be installed between the town homes and the storm water pond following the outlet installation and during home construction. Erosion control blanket should be installed on all slopes greater than or equal to 3:1. All exposed soil areas must have temporary erosion protection or permanent cover for the exposed soil areas year round, according to the following table of slopes and time frames: Type of Slope Time (Maximum time an area can remain open when the area is not actively being worked.) Steeper than 3:1 7 days 10:1 to 3: l 14 days Flatter than 10: l 21 days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Street cleaning of soil tracked onto public streets should include daily street scraping and street sweeping as-needed. Surface Water Management Fees Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on residential townhome development rates of $1,814/acre. Based on the proposed developed area of approximately 6 acres, the water quality fees associated with this project are $10,884. Highlands of Bluff Creek December 29, 2003 Page 11 of 20 Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average citywide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Medium density townhome developments have a connection charge of $3,528 per developable acre. This results in a water quantity fee of approximately $21,168 for the proposed development. SWMP Credits This project proposes the construction of one NURP pond. The applicant will be credited for water quality if NURP basins are provided to treat runoff from off-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. The applicant will not be assessed for areas that are dedicated outlots. No credit will be given for temporary pond areas. At this time, the estimated total SWMP fee, due and payable to the City at the time of final plat recording, is $32,052. Other Agencies The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley- Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources [for dewatering]) and comply with their conditions of approval. UTILITIES Municipal sewer and water service is available to the site from Century Trail; also water service is available from West 78th Street. The applicant is proposing to extend the sewer line along the private street to service the proposed lots with Lots 16, 17 and 18 being serviced from the south side (back) of the house. Staff is recommending that the sanitary line be moved outside of the water level of the pond to avoid future maintenance problems. The watermain is proposed to be extended within the private street from West 78th Street. Staff is recommending that the watermain be looped through the site and connect with the existing water stub at the southeast comer of the property. A minimum 30-foot wide public easement will be required over the public sewer and water-main. Also, a 20-foot wide public easement will be required over the public sewer along the south side of the houses. The underlying property has been previously assessed for sewer, water and street improvements. The remaining assessment due payable to the City is $3,495.59. This remaining balance may be re- spread against the newly platted lots on a per-area basis. In addition, the sanitary sewer and water hookup charges will be applicable for each of the new lots. The 2003 trunk hookup charge is $1,440 per unit for sanitary sewer, $1,876 per unit for water-main and the SAC fee is $1,275 per Highlands of Bluff Creek December 29, 2003 Page 12 of 20 unit. All of these charges are based on the number of SAC units assigned by the Metropolitan Council. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Upon completion of the utility improvements, the utilities will be turned over to the City for maintenance and ownership. 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 pre-con meeting before building permit issuance. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, Department of Health, Watershed District and MnDOT. STREETS The plan shows a full access off West ?8th Street along the south side of the parcel. The applicant is proposing a 3 l-foot wide private street with concrete curb and gutter and a partial hammer-head turnaround. The partial hammer-head turnaround must be reviewed and approved by the City Fire Marshal. The private street must be enclosed in a 40-foot wide private easement. The developer must submit an inspection report certifying that the street is built to a 7-ton design. LANDSCAPING Tree canopy coverage and preservation calculations for the McAllister parcel are as follows: Total upland area (excluding wetlands) Baseline canopy coverage Minimum canopy coverage required Proposed tree preservation 6.52 ac. 42% or 2.75 ac. 30% or 1.96 ac. 28% or 1.84 ac. The developer does not meet minimum canopy coverage allowed; therefore the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage Multiplier Total replacement Total number of trees to be planted .12 ac. 1.2 .14 ac. or 6272 SF 6 trees The developer will be required to plant 6 trees as a part of reforestation in addition to one tree per home according to city ordinance. Highlands of Bluff Creek December 29, 2003 Page 13 of 20 Buffer yard planting is required along W. 78th Street, Highway 41 and the east property line. Although existing vegetation along the highway is proposed to be preserved, the developer is including additional landscaping in that area. Buffer yard requirements are as shown in the table: Landscaping Item Required Proposed Buffer yard B* - South 9 overstory trees 11 overstory trees property line, 440', 13 understory trees 24 understory trees buffer width 20' 22 shrubs 0 shrubs Buffer yard B* - West 5 overstory trees 5 overstory trees property line, 250', 8 understory trees 9 understory trees buffer width 20' 13 shrubs 18 shrubs Buffer yard B* - East 5 overstory trees 3 overstory trees property line, 250', 8 understory trees 13 understory trees buffer width 20' 13 shrubs 0 shrubs Boulevard Trees - W. 15 overstory trees 13 overstory trees 78th St., I per 30' Applicant does not meet minimum requirements for buffer yard plantings. The landscape plan shall be revised to show the minimum number of plantings required. The existing woods on the north side of the property consist of a large stand of maple-basswood forest, a type of native forest that is generally referred to as 'Big Woods.' It is of good quality; there is sufficient regeneration of trees, only minimal amounts of buckthorn around the edges of the woods and minimally impacted by the existing use of the property. Staff recommends that these woods be preserved fully intact. The primary boundary line should run parallel to the edge of the woods. Preservation of this area would also help greatly in meeting canopy coverage requirements for the site and eliminate the need for reforestation plantings. PARKS AND RECREATION Staff has reviewed the Plowshares Development proposal for an 18-unit townhouse project (McAllister Parcel) as it relates to the park and trail section of the city's comprehensive plan. This property lies within the park service area of the Bluff Creek Park Preserve. The preserve features expansive open space, natural areas, and a trail system; however, a public playground or ball field is not located within walking distance. A private playground facility owned by the Arboretum Village Association is located just south of the McAllister property. A sidewalk connection to the city's comprehensive trail system should be included as a condition of approval for this project. The nearest section of the trail system is located just to the south of the property along West 78th Street. Highlands of Bluff Creek December 29, 2003 Page 14 of 20 It is recommended that the applicant pay park fees in lieu of land dedication or trail construction on seventeen of the eighteen lots. One lot is exempt from these charges due to the existing single family home on the property. The park fee will vary from $2,000 to $2,400 per unit, depending on the number of dwellings in each building. GENERAL SITE PLAN/ARCHITECTURE The development proposes a total of 18 townhouse units consisting of three two-unit structures and four three-unit structures. The proposal includes single level with walkouts or basements. Access to the lots would be via a private street which would be constructed to a 31 foot wide pavement. The site plan proposed preserving the majority of the trees within the northern portion of the property. Additionally, trees shall be preserved along Highway 41. The applicant's site plan lays out the development in a logical manner and the houses have significant articulation. The only issue not addressed is how the individual buildings will be differentiated from one another. The applicant's narrative states that, "the use of various building materials including columns, shakes, lap siding, stone, brick, and color selection shall provide a visual variety to the exterior of each building." However, there is no specific plan submitted that will outline exactly how this "visual variety" will be achieved. Therefore, staff is recommending that the applicant work with staff to create a specific plan to assure the differentiation in building elevations. The plan shall provide that no two adjacent buildings have the same exterior building accent materials and colors. Additionally, the applicant should incorporate the use of different window treatments, e.g. shutters, window boxes, etc., and types, e.g. multi-paned, half round, dormers, etc., to assist in the individualization of the buildings. RECOMMENDATION Staff recommends that the Planning Commission adopt the following five motions and adoption of the attached findings of fact and recommendation: A. "The Planning Commission recommends to the City Council approval of the land use amendment from Residential - Low Density to Residential - Medium Density contingent upon final development approval of the Planned Unit Development and Metropolitan Council review and approval of the Land Use Amendment. B. "The Planning Commission recommends to the City Council conceptual and preliminary approval of PUD #2003-3 rezoning the property from Agricultural Estate District, A2, to Planned Unit Development - Residential, PUD-R?' C. "The Planning Commission recommends to the City Council Preliminary Plat approval of the proposed development for Highlands of Bluff Creek with a variance (Variance #2003-19) to permit a 20 foot setback from the Bluff Creek Primary Zone, plans prepared by Westwood Development Services, Inc., dated 10/31/03, revised 12/05/03 and 12/17/03, subject to the following conditions. Highlands of Bluff Creek December 29, 2003 Page 15 of 20 1. Proposed Lots 4, 5 and 6 of the preliminary plat shall be eliminated or moved to comply with the minimum setback requirements. 2. Re-designate Lot 19 as Outlot B. 3. Provide block numbers for the individual lot clusters. 4. Final Plat approval is contingent on the developer acquiring the two parcels adjacent to West 78th Street. The applicant shall submit association covenants to the city for review prior to recording. The association shall be responsible for the maintenance of any common elements of the development. The applicant shall pay park fees in lieu of land dedication or trail construction on seventeen of the eighteen lots based on the fees in effect at the time of final plat approval. One lot is exempt from these charges due to the existing single family home on the property. The park fee, using 2003 park fees, will vary from $2,000 to $2,400 per unit, depending on the number of dwellings in each building. 7. The Development Design Standards shall be incorporated in the development contract. All structures shall maintain a 20-foot setback from the Primary Zone boundary and no grading may occur within the first 10 feet of the setback. All slopes and vegetation within the Primary Zone shall be preserved. 9. Roof drainage and sump pump systems for houses adjacent to the Bluff Creek Primary Zone shall be directed to the drain-tile behind the street curb. 10. A conservation easement shall be dedicated over the Bluff Creek Primary Zone (Outlot A). 1 1. A manhole with a two-foot sump shall be installed as the last structure that is road accessible prior to discharge to the storm water pond. 12. The proposed development shall maintain existing runoff rates. Complete storm water calculations shall be submitted to ensure the proposed storm water pond is sized adequately for the proposed development. 13. The note regarding positive drainage shall be amended to indicate that the site must meet sediment and erosion control regulations while providing positive drainage and to address National Pollutant Discharge Elimination System (NPDES) dewatering regulations. 14. A drainage and utility easement shall be provided over the proposed storm water pond. Highlands of Bluff Creek December 29, 2003 Page 16 of 20 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Riprap and geotextile fabric shall be installed at the flared end sections of the inlet of the storm water basin. Inlet control shall be provided following installation of inlet structures. Silt fence shall be provided as needed to prevent sediment from leaving the site. A light duty silt fence shall be installed between the town homes and the storm water pond following the outlet installation and during home construction. Silt fencing shall be removed upon completion of the development and the re-establishment of vegetation. 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 for the exposed soil areas year round, according to the following table of slopes and time frames: Type of Slope Stabilized Within Steeper than 3:1 7 days 10:1 to 3:1 14 days Flatter than 10:1 2 l days These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. Based on the proposed developed area of approximately 6 acres and using 2003 SWMP fees, the water quality fees associated with this project are $10,884; the water quantity fees are approximately $21,168. The applicant will be credited for water quality where NURP basins are provided to treat runoff from off-site. This will be determined upon review of the ponding and storm sewer calculations. At this time, the estimated total SWMP fee, due and payable to the City at the time of final plat recording, is $32,052. The final SWMP fees shall be based on the fee schedule in place at the time of final plat approval. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for dewatering)), and comply with their conditions of approval. Each unit/lot must be provided with separate utility services. A permit for demolition must be obtained before demolishing any structures on the site. Highlands of Bluff Creek December 29, 2003 Page 17 of 20 25. Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 26. The applicant will be required to meet the existing site runoff rates for the 10-year and 100- year, 24-hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements must be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100- year flood level. The minimum easement width shall be 20 feet wide. The applicant must submit storm sewer and storm pond sizing with a drainage map for staff review. 27. Staff recommends that Type II silt fence be used along all side of the grading area and Type III silt fence be used adjacent to Bluff Creek along the north. In addition, tree preservation fencing must be installed at the limits of tree removal. Tree fencing shall be removed upon the completion of the site development. A 75-foot minimum rock construction entrance must be used at the entrance that will be accessed during construction. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. 28. Show all of the proposed and existing easements on the preliminary plat. 29. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 30. The underlying property has been previously assessed for sewer, water and street improvements. The remaining assessment due and payable to the City is $3,495.59. This remaining balance may be re-spread against the newly platted lots on a per-area basis. In addition, the sanitary sewer and water hookup charges will be applicable for each of the new lots. The 2003 trunk hookup charge is $1,440 per unit for sanitary sewer, $1,876 per unit for water-main, and the SAC fee is $1,275 per unit. Sanitary sewer and water-main hookup fees may be specially assessed against the parcel at the time of building permit issuance. These fees may be changed in 2004. All of these charges are based on the number of SAC units assigned by the Metropolitan Council. 31. The applicant must be aware that the public sewer and water-main require a pre-con meeting before the building permit issuance. 32. Public utility improvements will be required to be constructed in accordance with the City's latest editions of Standard Specifications and Detail Plates. Detailed construction plans and specifications will be required at the time of final platting. The applicant will also be 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. Permits from the appropriate Highlands of Bluff Creek December 29, 2003 Page 18 of 20 regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, MnDOT, etc. 33. Addthefollowing City of Chanhassen Detail Plates Numbers: 1002,1004,1005,1006, 2001,2101,2109,2109A, 2201,3101,3104,3107,3108,3109,5200,5203,5207,5214, 5215,5217,5300 and 5301. 34. Realign the proposed sidewalk end away from the existing light pole and show a pedestrian curb ramp on the southeasterly comer of the parcel. 35. Add a concrete driveway apron to the plans at the proposed access. 36. Add a stop sign at the exit side of the access. 37. Add a street light at the access. 38. On the utility plan: a. Show all the existing and proposed utility easements. b. Show all the sanitary and water services. c. Show the sanitary manholes number, rim and invert elevations. d. Add a note, "All water service must be l-inch copper and all sanitary services must be 6-inch PVC-SDR26." e. Revise the second note from City of Farmington to City of Chanhassen and update the specification dates to year 2003. 39. On the grading plan: a. Show all existing and proposed utility and pond easements. b. Show the benchmark used for the site survey. c. Add a storm sewer schedule. d. Show the storm sewer pipe size. e. Show a minimum 75-foot rock construction entrance. f. Show the storm pond 10:1 bench per NURP standards. g. Show the retaining wall top and bottom elevations. h. Show the catch basin and manhole structure rim and invert elevations. i. Last storm manhole discharging to the pond must be a 2-foot sump. j. Revise the fifth note from storm sewer class III to class 5. 40. On the preliminary plat: a. Side and rear lot line easements should be shown as 5 feet wide. b. Show all existing and proposed drainage and utility easements. c. Show the pavement width. d. Show the concrete driveway apron. Highlands of Bluff Creek December 29, 2003 Page 19 of 20 41. A minimum 20-foot wide public easement is required for the pond outlet which extends outside the site property lines. 42. Any work outside of the subject property or right-of-way will require temporary easements. 43. Seed and mulch or sod the site within two weeks of grading completion. If dirt is required to be brought into or out of the site, provide a haul route for review and approval. 44. Move the sanitary line outside of the water level of the pond. 45. Loop the watermain through the site. 46, Any retaining wall over 4 feet will require a building permit and must be designed by a Minnesota Registered Professional Structural Engineer. Also, all walls over 4 feet in height will require an approved safety fence at the top of the wall. 47. The partial hammer-head turnaround must be reviewed and approved by the City Fire Marshal. 48. The private street must be enclosed in a 40-foot wide private easement. The developer must submit an inspection report certifying that the street is built to a 7-ton design. D. "The Planning Commission recommends approval of Conditional Use Permit #2003-10 to permit development within the Bluff Creek Overlay District subject to the following conditions: 1. The development must comply with the approved Planned Unit Development and Subdivision requirements for the property. E. "The Planning recommends approval of Site Plan #2003-11, plans prepared by Westwood Professional Services, Inc., dated December 17, 2003, subject to the following conditions: 1. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. The applicant work with staff to create a specific plan to assure the differentiation in building elevations. The plan shall provide that no two adjacent buildings have the same exterior building accent materials and colors. 3. The applicant shall revise landscape plan to show the minimum number of planting required for each of the buffer yards. 4. The applicant shall revise landscape plan to show one tree per unit in the front yard. Highlands of Bluff Creek December 29, 2003 Page 20 of 20 5. The applicant shall revise the landscape plan to show the minimum number of boulevard trees required along W. 78th Street. 6. The applicant shall submit a foundation planting plan for city review and approval prior to final plat approval. 7. Applicant shall plant 6 trees on site to meet reforestation requirements. o The buildings are required to be protected with an automatic sprinkler system as they are over 8,500 sq. ft. in floor area. For the purposes of this requirement, property lines do not constitute separate buildings and the area of basements and garages is included in the floor area threshold. 9. Walls and projections within 3 feet of property lines are required to be of one-hour fire- resistive construction. 10. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 11. The developer and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application 3. Public Hearing Notice and Affidavit of Mailing 4. Memorandum from Ed Hasek to Bob Generous dated 12/17/03 5. Picture of Front (right) of Proposed Townhouse 6. Picture of Front (left) of Proposed Townhouse 7. Picture of Rear of Proposed Townhouse 8. Concept Plan 9. Sketch I McAllister Parcel 10. Alternate Plan 1 11. Alternate Plan 2 12. Reduced Copy Highland of Bluff Creek Preliminary Plat 13. Reduced Copy Highland of Bluff Creek Preliminary Utility Plan 14. Reduced Copy Highland of Bluff Creek Preliminary Grading & Erosion Control Plan 15. Reduced Copy Highland of Bluff Creek Preliminary Landscape Plan 16. Minnesota Wetland Conservation Act Notice of Wetland Conservation Act Decision dated 8/12/03 17. Letter from Aaron Mlynek to Robert Generous dated 12/22/03 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Plowshares Development, LLC and Susan McAllister for a Land Use Amendment, Planned Unit Development, Conditional Use Permit, Preliminary Plat, Setback Variance and Site Plan Review. On January 6, 2004, the Chanhassen Planning Commission met at its regularly schedule meeting to consider the application of Plowshares Development, LLC and Susan McAllister for a Land Use Plan Amendment From Residential - Low Density to Residential - Medium Density; a Conditional Use Permit for Development within the Bluff Creek Overlay District; Concept and Preliminary Planned Unit Development - Residential rezoning (PUD-R) for an 18-Unit Townhouse Project; Site Plan Review for an 18-Unit Townhouse Project; Subdivision Approval for 18 Townhouse Lots and Outlots; and a Variance from the Bluff Creek Overlay District Setback. 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 2. 3. 4. The property is currently zoned Agricultural Estate District, A2. The property is guided in the Land Use Plan for Residential - Low Density uses. The legal description of the property is: see exhibit A. Land Use Amendment. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. 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. Planned Unit Development. It will be the applicant's responsibility to demonstrate that the City's expectations are to be realized as evaluated against the following criteria: a) The proposed development preserves desirable site characteristics and open space and protection of sensitive environmental features, including mature trees, creeks and wetlands. b) The proposed development is a more efficient and effective use of land, open space and public facilities through the clustering of the development on the site and the use of a private street. c) The proposed development is a high quality of design and design compatible with surrounding land uses, including both existing and planned. Site planning, landscaping and building architecture reflect higher quality design than is found elsewhere in the community. d) The proposed development provides sensitive development in transitional areas located between different land uses and along significant corridors within the city. e) The proposed development is Development which is consistent with the Comprehensive Plan. f) The proposed development preserves the Bluff Creek Corridor primary zone. g) The proposed development provides alternate housing type but not affordable housing. h) The proposed development provides energy conservation through the use of the clustering of buildings. i) The proposed development will provide signage to reduce the potential for traffic conflicts. Subdivision a) The proposed subdivision is consistent with the zoning ordinance subject to approval of the variance and revisions as recommended in the staff report. b) The subdivision meets all the requirements of the PUD, Planned Unit Development District. c) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan. d) 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. e) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter. f) The proposed subdivision will not cause significant environmental damage. g) The proposed subdivision will not conflict with easements of record and will dedicate all appropriate new easements. h) The proposed subdivision is not premature since adequate public facilities are available or will be constructed with the development. 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. Conditional Use Permit. When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: a) The proposed development will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b) The proposed development is consistent with the objectives of the city's comprehensive plan and this chapter. c) The proposed development will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d) The proposed development will not be hazardous or disturbing to existing or planned neighboring uses. e) The proposed development will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The proposed development will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g) The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h) The proposed development will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i) The proposed development will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j) The proposed development will be aesthetically compatible with the area. k) The proposed development will not depreciate surrounding property values. 4 l) The proposed development meets standards prescribed for certain uses as provided in Bluff Creek Overlay District with the approval of the setback variance. 8. Variance. The City Council shall not grant a variance unless they find the following facts: a) The literal enforcement of this chapter would cause an undue hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. A reasonable use of the property is for residential use. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. The proposed variance is the minimum necessary to develop the site and preserve the primary corridor. Variances that blend with these pre-existing standards without departing downward from them meet these criteria. b) The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. The site constraints of the primary zone and West 78th Street lead to the need for a variance. c) The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land, but to develop a project consistent with surrounding development. d) The alleged difficulty or hardship is not a self-created hardship, but is due to site constraints. e) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. 9. Site Plan. In evaluating a site plan and building plan, the city shall consider the development's compliance with the following: a) The proposed development is consistent with the elements and objectives of the city's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; 10. et al, b) The proposed development is consistent with the site plan review requirements; c) The proposed development preserves the site in its natural state to the extent practicable subject to the revisions of the staff report by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developments or developing areas; d) The proposed development creates a harmonious relationship of building and open space subject to the revisions recommended in the staff report with natural site features and with existing and future buildings having a visual relationship to the development; e) The proposed development creates a functional and harmonious design for structures and site features, with special attention to the following: (1) An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; (2) The amount and location of open space and landscaping; (3) Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and (4) Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. The proposed development protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. The planning report #04-01 dated January 6, 2004, prepared by Robert Generous, is incorporated herein. 6 RECOMMENDATION The Planning Commission recommends that the City Council approve the Land Use Plan Amendment From Residential - Low Density to Residential - Medium Density; a Conditional Use Permit for Development within the Bluff Creek Overlay District; Concept and Preliminary Planned Unit Development - Residential rezoning (PUD-R) for an 18-Unit Townhouse Project; Site Plan Review for an 18-Unit Townhouse Project; Subdivision Approval for 18 Townhouse Lots and Outlots; and a Variance from the Bluff Creek Overlay District Setback subject to the recommendations contained in the staff report. ADOPTED by the Chanhassen Planning Commission this 6th day of January, 2004. CHANHASSEN PLANNING COMMISSION BY: Uli Sacchet, Chairman 7 EXHIBIT A Outlot J, ARBORETUM VILLAGE, according to the recorded plat thereof, Carver County, Minnesota. That part of Outlot G, ARBORETUM VILLAGE, according to the recorded plat thereof, Carver County Minnesota, described as follows: Beginning at the northeast comer of said Outlot J; thence South 01 degrees 06 minutes 34 seconds East, assumed bearing along the east line of said Outlot J, a distance of 30.75 feet, to the northerly right of way line of West 78th Street; thence South 84 degrees 49 minutes 58 seconds East, along said northerly right of way line of West 78th Street, a distance of 154.34 feet; thence southeasterly along a tangential curve, concave to the southwest, having a central angle of 12 degrees 28 minutes 29 seconds, a radius of 559.00 feet and an arc distance of 121.71 feet; thence North 27 degrees 50 minutes 58 seconds East, not tangent to said curve, a distance of 33.03 feet; thence northeasterly along a tangential curve, concave to the southeast, having a central angle of 26 degrees 12 minutes 30 seconds, a radius of 114.00 feet and an arc distance of 52.15 feet; thence North 01 degrees 06 minutes 34 seconds West, not tangent to said curve, a distance of 6.67 feet; thence South 88 degrees 53 minutes 26 seconds West, a distance of 322.62 feet to the point of beginning. AND That part of the East 1/2 of the Southwest 1/4 of Section 9, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at said northeast comer of Outlot J; thence South 88 degrees 53 minutes 26 seconds West, assumed bearing along the northerly line of said Outlot J, a distance of 357.32 feet, to the centerline of State Trunk Highway Number 41 as dedicated on said plat of ARBORETUM VILLAGE; thence northeasterly, along a non-tangential curve and along said centerline of State Trunk Highway Number 41 as dedicated on said plat of ARBORETUM VILLAGE, concave to the east, having a central angle of 12 degrees 24 minutes 52 seconds, a radius of 2292.34 feet and an arc distance of 496.69 feet to a westerly extension of a southerly line of said Outlot G the chord of said curve bears North 22 degrees 08 minutes 29 seconds East; thence North 88 degrees 53 minutes 26 seconds East along said westerly extension and said southerly line of Outlot G, not tangent to said curve, a distance of 388.79 feet; thence South 46 degrees 06 minutes 34 seconds East, a distance of 135.00 feet; thence South 01 degrees 06 minutes 34 seconds East, a distance of 360.00 feet; thence South 88 degrees 53 minutes 26 seconds West, a distance of 322.62 feet, to the point of beginning. CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION APPLICANT: '-~ ~-c:~ "~r,~'["~ ~"~'"'~r ~ {-LC ADDRESS: [~l ~-~ ~, ~¢~ ~ ~o ADDRESS: ~ ~' ~ ~. TELEPHONE (daytime) c~'L, 3 ~ ~. = ~,'5 2- TELEPHONE: 4 ~'~ ~ ~-~ ~'o~% _ Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit __ Non-conforming Use Permit Planned Unit Development* ~. -'+~ __ Rezoning __ Sign Permits __ Sign Plan Review Site Plan Review* '~ ~ ~ ,-~'~' b~--J~~'. __ Temporary Sales Permit Vacation of ROW/Easements Variance Wetland Alteration Permit __ Zoning Appeal __ Zoning Ordinance Amendment Notification Sign ~.~r X __ Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPR/VACNARNV AP/Metes and Bounds, $400 Minor SUB) Y,_ Subdivision* t~ ~ I~ TOTAL FEE $ · A list of all prol~rty owners within.50Q feet of the boundpries of. ~the~proi~erty must be included with the Building material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 8W' X 11" reduced copy for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION LEGAL DESCRIPTION TOTAL ACREAGE WETLANDS PRESENT PRESENT ZONING REQUESTED ZONING ~--------,,"-' '~ PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION /----~~ REASON FOR THIS REQUEST '~-(~ (~~(~---.~ ~ ~~~~~ ~ or clearly printed and must be accompanied~ all information This application must be completed in full and be ~pewri~en and plans required by applicable Ci~ Ordinance provisions. Before filing this application, you should confer with the Planning Depa~ment to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the appliCation shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to cedify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120. days unless additional review extensions are approved by the applicant. Si~-natu~'of Fee Owner Date Date Application Received on Fee Paid Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. 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 December 26, 2003, 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 PUD 2003-3, located at 2930 West 78th Street, Applicant Plowshares Development LLC and Susan McAllister, 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. Ka4en J. E~g~ardt, De~Suty Clerk Subscribed and sworn to before me this __ day of ,2003. Notary Public g:\eng\k~rms\affidavit.doc PROPOSAL: NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, JANUARY 6, 2004 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. Planned Unit Development #2003-3 APPLICANT: Plowshares Development LLC Susan McAIlister LOCATION: 2930 West 78th Street NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Plowshares Development LLP/ Susan McAIlister, is requesting a Land Use Plan Amendment from Residential Low Density to Residential Medium Density; a Conditional Use Permit for development within the Bluff Creek Overlay District; Preliminary Planned Unit Development (PUD) Review for an 18-Unit Townhouse Project; Site Plan Review for an 18-Unit Townhouse Project; Subdivision Approval for 18 Townhouse Lots and Outlots; and a Variance from the Bluff Creek Overlay District Setback Requirements on 6 acres of property zoned Agricultural Estate District, A2. The property is located at 2930 West 78th Street (northeast corner of West 78th Street & Highway 41). What Happens at the Meeting: 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: 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. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Bob at 227-1131 or e-mail bgenerous@ci.chanhassen.mn.us. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on December 25, 2003. / Arboretum Boulevard City Review Procedure Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments, 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. This report 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 commercial/industrial. 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. g:\plan\forms\revicw procedurc ALFONSO & CHRISTINE M CORREA 2828 CENTURY TRL CHANHASSEN MN 55317-4420 ALLAN D FISCHER 7641 ARBORETUM VILLAGE PL CHANHASSEN MN 55317-4424 ALLEN K JR & JENNIFER R LARSON 7647 ARBORETUM VILLAGE LN CHANHASSEN MN 55317-4425 ALLEN M ODEGARD 2841 COACH CT CHANHASSEN MN 55317-4433 AMY E FISHER 2836 COACH CT CHANHASSEN MN 55317-4433 AMY I BOEHM 77O2 COACH DR CHANHASSEN MN 55317-4432 ARBORETUM VILLAGE COMMUNITY 815 NORTHWEST PKY SUITE 140 EAGANMN 55121- BARBARA ANN MILLER 7661 ARBORETUM VILLAGE LN CHANHASSEN MN 55317-4425 BRANDON B WAGNER 7659 ARBORETUM VILLAGE LN CHANHASSEN MN 55317-4425 BRENDA C BROWN 7634 ARBORETUM VILLAGE CT CHANHASSEN MN 55317-4422 BRIAN K MOE 7700 ARBORETUM VILLAGE CIR CHANHASSEN MN 55317-4426 BRIAN W SHEPARD & NICHOLE M WHETSTINE 7636 CENTURY CT CHANHASSEN MN 55317-4419 BRYAN M FRITZ 2838 COACH CT CHANHASSEN MN 55317-4433 BYRON A & MARY M OLSON 7331 HAZELTINE BLVD EXCELSIOR MN 55331-8038 CATHERINE A HOLTE 7630 ARBORETUM VILLAG CIR CHANHASSEN MN 55317-4421 DALE C & KlM R HOWELL 7644 CENTURY CT CHANHASSEN MN 55317-4419 DALE R & JEAN A RUSCH 2856 CENTURY TRL CHANHASSEN MN 55317-4420 DARRYL E COSTELLO PO BOX 34 EXCELSIOR MN 55331-0034 DAVID L BUSS & ERIN KAY STEINKE 7638 ARBORETUM VILLAGE PL CHANHASSEN MN 55317-4424 DEBBRA C HILL 7640 ARBORETUM VILLAGE PL CHANHASSEN MN 55317-4424 ERIK M JOHNSON PO BOX 545 CHANHASSEN MN 55317-0545 GARY & JENNIFER SANDQUIST 7711 ARBORETUM VILLAGE CIR CHANHASSEN MN 55317-4426 GUILLERMO E & JAMIE A ARIAS 7633 ARBORETUM VILLAGE CT CHANHASSEN MN 55317-4422 HELEN R HUBER 2828 COACH LN CHANHASSEN MN 55317-4434 HREIDAR & ELINOR A AGUSTSSON 2836 CENTURY TRL CHANHASSEN MN 55317-4420 JACOB O CROOKS & MICHAEL A & RENATE E CROOKS 7450 HAZELTINE BLVD EXCELSIOR MN 55331-8037 JANET K OPHEIM 7704 ARBORETUM VILLAGE CIR CHANHASSEN MN 55317-4426 JASON & JENNIFER VEUM 7629 ARBORETUM VILLAGE CIR CHANHASSEN MN 55317-4421 JEFFRY KARL RUSSELL 7632 ARBORETUM VILLAG CIR CHANHASSEN MN 55317-4421 JENNIFER A VONESCHEN 7643 ARBORETUM VILLAGE PL CHANHASSEN MN 55317-4424 JOAN B DYGERT 2824 CENTURY TRL CHANHASSEN MN 55317-4420 JOHN C SCHIELE & HOLLY J BENTZ 2848 CENTURY TRL CHANHASSEN MN 55317-4420 JOHN F ALTENBERND 7639 ARBORETUM VILLAGE PL CHANHASSEN MN 55317-4424 JOHN M WIGEN 7625 CENTURY CT CHANHASSEN MN 55317-4419 KATHRYN ELLEN GRIEGER 2923 ARBORETUM VILLAGE CRV CHANHASSEN MN 55317-4423 KEITH D TURNQUIST 7701 ARBORETUM VILLAGE CIR CHANHASSEN MN 55317-4426 KELLY A PEDERSON & JOHN H & JUDY A PEDERSON 7627 ARBORETUM VILLAGE CIR CHANHASSEN MN 55317-4421 KELLY KAY SCHUFT 7702 ARBORETUM VILLAGE CIR CHANHASSEN MN 55317-4426 KIMBERLY B KOZAR 7629 CENTURY CT CHANHASSEN MN 55317-4419 LARRY A & VIVIAN S NELSON 2832 CENTURY TRL CHANHASSEN MN 55317-4420 LEAH L RUDNICKI & JACOB C & BETH A RUDNICKI 2837 COACH CT CHANHASSEN MN 55317-4433 LEE A AMIOT & JENNIFER M SCHMOLL 7617 CENTURY CT CHANHASSEN MN 55317-4419 LINDA LEE SIMON 7706 COACH DR CHANHASSEN MN 55317-4432 LISA A ALT 7703 ARBORETUM VILLAGE CIR CHANHASSEN MN 55317-4426 MARY L JOHNSON 7633 CENTURY CT CHANHASSEN MN 55317-4419 MATTHEW J NARDO 7650 ARBORETUM VILLAGE PL CHANHASSEN MN 55317-4424 MATTHEW L MAETZOLD & JILL K WASHBURN 7613 CENTURY CT CHANHASSEN MN 55317-4419 MERALD A & ELAINE A KROGSTAD 7460 HAZELTINE BLVD EXCELSIOR MN 55331-8037 MICHAEL B HERMAN 2921 ARBORETUM VILLAGE CRV CHANHASSEN MN 55317-4423 MICHAEL D & AMY L ARMBRUST 7630 ARBORETUM VILLAGE CT CHANHASSEN MN 55317-4422 MICHAEL D & JANICE M CHOCKLAN 7651 ARBORETUM VILLAGE PL CHANHASSEN MN 55317-4424 MICHAEL W SCHACHTERLE & CRYSTAL E SCHACHTERLE 2852 CENTURY TRL CHANHASSEN MN 55317-4420 MOLLY J LYSFJORD 7652 ARBORETUM VILLAGE PL CHANHASSEN MN 55317-4424 NANCY A GALLAGHER 7705 ARBORETUM VILLAGE CIR CHANHASSEN MN 55317-4426 NANCY JEAN LARSON 7704 COACH DR CHANHASSEN MN 55317-4432 PAUL J & KELLY K RAIMONDO 7632 CENTURY CT CHANHASSEN MN 55317-4419 PHILLIP A GROTHE 7628 CENTURY CT CHANHASSEN MN 55317-4419 PULTE HOMES OF MINNESOTA CORP 815 NORTHWEST PKY SUITE 140 EAGAN MN 55121-1580 REGENTS OF UNIV OF MINNESOTA C/O REAL ESTATE OFFICE 319 15TH AVE SE 424 DON HOWE BLDG MINNEAPOLIS MN 55455-0118 ROBERT M & JILL R SOMERS 2839 COACH CT CHANHASSEN MN 55317-4433 ROBERTA J RONBECK & JOAN L RONBECK 2840 CENTURY TRL CHANHASSEN MN 55317-4420 RYAN C BROWN & SARA M RYAN 7642 ARBORETUM VILLAGE PL CHANHASSEN MN 55317-4424 SCOTT R PASS & ELIZABETH D RAIN EY- PASS 2844 CENTURY TRL CHANHASSEN MN 55317-4420 SHANNON M HOGAN 7651 ARBORETUM VILLAGE LN CHANHASSEN MN 55317-4425 SHAWN R KERRIGAN 7648 ARBORETUM VILLAGE PL CHANHASSEN MN 55317-4424 SHEILA K DEWOLF 2830 COACH LN CHANHASSEN MN 55317-4434 SHIRLEY A FORS 2820 CENTURY TRL CHANHASSEN MN 55317-4420 STEVEN W RABY & MARY E FRASCZAK 7621 CENTURY CT CHANHASSEN MN 55317-4419 SUMIKA CHAI 7649 ARBORETUM VILLAGE LN CHANHASSEN MN 55317-4425 SUSAN MCALLISTER 2930 78TH ST W CHANHASSEN MN 55317-4501 THERESA A LINN 7635 ARBORETUM VILLAGE CT CHANHASSEN MN 55317-4422 THOMAS J SYLVESTER 7632 ARBORETUM VILLAGE CT CHANHASSEN MN 55317-4422 TRACY J DOHENY 7634 ARBORETUM VILLAGE CIR CHANHASSEN MN 55317-4421 VICTOR D & KATHERINE T OATES 2832 COACH LN CHANHASSEN MN 55317-4434 VINH Q DO NGUYEN 7657 ARBORETUM VILLAGE LN CHANHASSEN MN 55317-4425 WESLEY A DAHLSTROM 7637 CENTURY CT CHANHASSEN MN 55317-4419 WESTWOOD COMMUNITY CHURCH 7801 PARK DR CHANHASSEN MN 55317-9200 WILLIAM A & IRENE V HINES 7631 ARBORETUM VILLAGE CT CHANHASSEN MN 55317-4422 WILLIAM E HART 7653 ARBORETUM VILLAGE PL CHANHASSEN MN 55317-4424 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 Concept Planned Unit Development #2003-3 Public Hearing Notice Area (500 feet) I2930West 78th Street High_way 5 Arboretum Boule' c~ W~oo~ Professional Services, Inc. PLANNING · ENGINEERING o SURVEYING MEMORANDUM To: From: Date: CITY' OF GHANHAS? ::;' RECEIVED Bob Generous, Planner, City of Chanhassen Ed Hasek December 17, 2003 Plowshares - Highlands of Re: Bluff Creek Project No.: 20032566 W 7599 Anagram Drive Eden Prairie, MN 55344 Phone: 952-937-5150 Fax: 952~937-5822 Toll free: 1-888-937-5150 E-mail: wps~vestwoodps.com TtNIN CITIES/METRO ST. CLOUD BRAINERD On behalf of Plowshare Development LLC we are pleased to submit this application for the development of the Highlands of Bluff Creek as a residential townhome neighborhood. With this application we are requesting approval for a comprehensive plan amendment, PUD, site plan review, CUP, subdivision, and variance for the construction of a private street and 18 townhomes on 5.66 net acres of land that includes two small parcels currently owned by the City (.34 ac.), and Pulte Homes (.10 ac.). The parcel is located in the nodheast corner of Highway 41 and West 78th Street. EXISTING CONDITIONS A hobby farm that includes a home, barn, and several out buildings currently occupies the property. With the construction of West 78th Street access was change from Highway 41 to a curb cut on 78th Street. The property lies within the HC-2 Overlay District, and partially within the Bluff Creek Overlay District. The approximate BCOD boundaries (primary and secondary) have been located both on the plans and in the field. These boundaries have been adjusted as directed by staff, and approximately 30% of the site is currently within the BCOD primary zone. Roughly 42% of the site is covered by the canopy of trees that include oak, maple, basswood, elm, pine and spruce species, the majority of which are located on the north half of the property that slopes to the north and to Bluff Creek. A tree survey has been completed, and 106 significant trees were located and tagged. Field notes indicate that 14% of the significant trees are diseased or damaged, which is not unusual for a mature oak-maple-basswood woodland. Soils found on the property are generally loamy and of the Kilkenny-Lester soils series, well drained, 0 to 10% slopes, and suited to typical residential construction practices. Slopes ranging to 40 % exist along the west and south edges of the site as back-slopes down to the roadways created when Highway 41 and th . · West 78 Street were constructed. The property drams ~n all directions from a high point of elevation 1011 feet located just west of the existing home. The south two-thirds of the site is generally fiat and sits 2 to 8 feet above 78th Street. Public utilities are available to the property from West 78th Street and Century Trail. A regional storm pond is located to the southeast and along Highway 5 at Century Boulevard. The Arboretum Village subdivision (zoned PUDR) abuts the parcel on the south (6-unit structures) and east (2, 3, and 4 unit townhomes) sides. Highway 41 separates the site from a single-family home to the west, and Bluff Creek is located to the north. Designing the Future Today...since 1972 Page 2 of 3 December 17, 2003 PROPOSED DEVELOPMENT Plowshares Development LLC is proposing the development of 18 townhomes on 5.66 net acres of property to a density of 3.18 units per acre. Buildings will vary from 2 to 3 homes in size, and will have full, lookout, or walkout basements. Each home is of single story construction with a full basement and approximately 2,700 s.f. of living area possible. Attached 2 car garages are 480 s.f. in area. The site will be accessed by a single 31-foot back-to-back private street built to City standards with a 5- foot wide sidewalk located on one side of the street (adjacent to the curb). A 6-foot sidewalk will also be constructed along West 78th Street to link Century Trail to Highway 41. Each home will have a two-car garage, and guest parking (2.5 spaces per home) will be provided in the driveways and on one side of the private street. Storm water that is collected from impervious surfaces (approximately 1.5 acres) will be routed to a pond located in the south-east corner of the site. Project utilities will connect to existing stubs in 78th Street and Century Trail. Each home will be individually connected to all utilities. Approximately 27% (.75 ac.) of the existing tree canopy will be removed for the construction of roads, driveways, homes, and associated grading. Outlot A (proposed as the Primary BCOD Zone in the north part of the property) will be preserved by a Conservation Easement. Care will be taken to preserve additional trees and associated tree canopy at the time of construction. An area of existing trees and canopy (and associated topography) along Highway 41 will also be preserved to provide separation and screening from this arterial roadway. Best Management Practices, and the standards and specifications established in the City Ordinances will be adhered to to reduce any additional tree losses. As indicated previously, the north portion of the site will be preserved in the BCOD. A variance to allow construction to 15 feet from the primary zone is requested in order to place as much of the site in the BCOD as possible. The proposed BCOD will preserve the most native and significant area of woodlands and slope on the site. Approximately 4,000 s.f. of the primary zone will be removed, and approximately 4,700 s.f. of area will be added and reforested with 16 native species trees planted roughly 15 feet on center. Landscaping will be concentrated as additional screening along Highway 41 and West 78th street. A 2 to 6 foot berm along West 78th (at Highway 41 ) will further increase screening in this area. A foundation planting plant will provide additional landscape interest and detailing at the entry and front faCade of each home. We have provide staff with the necessary sketch development plan (meeting all of the ordinance requirements) to support the construction of 18 homes on this site. The sketch plan yielded an average of 11,400 s.f. per unit and included a pubic cul-de-sac. The average area per unit for the proposed plan is 12,500 s.f. per home with a private street built to city standards. The proposed 2 and 3 unit buildings are consistent with surrounding development (2, 3, 4, and 6 unit buildings) in Arboretum Village, and provide a reasonable transition of land use and density adjacent to Highway 41. The inclusion of three unit buildings also provides the housing market in this area with an interior unit at a slightly different price point. The front entry/porch is recessed from the front of the building by 6 to 8 feet to break up the front fa(j:ade, and a porch and deck at the rear of each home Designing the future today... MINNEAPOLIS ST. CLOUD Page 3 of 3 December 17, 2003 provides 10 feet of relief along the back of the structures. The use of various building materials including columns, shakes, lap siding, stone, brick, and color selection will provide a visual variety to the exterior of each building. The requirements for storm water ponding, and associated requirements for floor elevations above anticipated water levels, dictates that the buidings on this site be kept relatively high. The pond is located along West 78th to preserve the BCOD. If the pond were to be constructed in the BCOD (as is allowed), approximately 1 acre of tree canopy, and an additional 20 to 25 significant trees would be removed from the site. We appreciate the opportunity that we have had in working with City planning, engineering, and other staff to bring this project forward for your review. We have had occasion to meet with the various departments to identify and work through issues, and have responded by continuing to refine and rework the development plans. We are extremely excited about this project and look forward to working with the City of Chanhassen and it staff toward the successful completion of the Highlands of Bluff Creek. Designing the future today... MINNEAPOLIS ST. CLOUD 112' BLUFF \ i \ I \1 / / / / / / 2_' 388. 79 5 OUIZ /~.IQA 988 [ OLg'I_OT A SB- 4 SIDEWALK D & U EASEMENT OVER ALL OF OUTLOT C OUTLOT C O.4O ,/ / / / / / ~ / i'I iI I \ I % I \ I \1 .,, / / / / ? / / / f / .iii [Insert List Name and Address of Local Government Unit Here]City of Chanhassen, 7700 Market Boulevard, P.O. BOx 147, Chanhassen, MN 55317 Name of Applicant: Genevieve Bolling, WeStwood prOfessiOnal Services, Inc. Application Number S-h~e~IMCAll stet y ~. Type of Application (check one): [--] Exemption Decision [~ No Loss Decision [-'-] Replacement Plan Decision [--] Banking Plan Decision [--] Wetland Type/Boundary Decision Date of Decision: August 12, 2003 Check One: veal~ [~] Approved with conditions [--] Denied List of Addressees: [Landowner] Genevieve Bolling, Westwood Professional Services, Inc. [Members of Technical Evaluation Panel] Chip Hentges, Carver Soil and Water Conservation District Lynda Peterson, Board of Soil and Water Resources [Watershed District or Watershed Management Organization (If Applicable)] Bob Obermeyer, Riley-Purgatory-Bluff Creek Watershed District [Department of Natural Resources Regional Office] Julie Ekman, Minnesota Department of Natural Resources DNR Wetlands Coordinator @ Ecological Services Section 500 Lafayette Road, Box 25 St. Paul, MN 55155 , Corp of Engineers Project Manager @ Department of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 [Individual members of the public who requested a copy, summary only] (none) - Page I of 2 McAllister No Loss (April 2003) FINDINGS AND CONCLUSIONS City of Chanhassen 7700 Market Boulevard · P.O. Box 147 · Chanhassen, MN 55317 Name of Applicant: Project Location: Ms. Genevive Bolling Plowshares/McAllister Property, Chanhassen, MN 55317 (TI 16N R23W S9) Type of Application (check one): [] [] [] [] Exemption Decision No Loss Decision Replacement Plan Decision Banking Plan Decision Date of Decision: August 12, 2003 Findings and Conclusions The applicant submitted a no wetlands determination request for the above site, along with a description of the on-site conditions and supplementary site mapping information. The City agrees with the applicant's findings that there are no jurisdictional wetlands on the subject property. CITY OF CHANHASSEN Date: ~/~, ~ ,~l~la9 C~ 219 East Frontage Road Waconia, MN 55387 1946 "~ Phone: 952-442-5101 OOoo t~ $~OO~ Fax: 952-442-5497 http://vamv.cO.earver.mn.u,qSWCD/$WCD nlal!l_~l[lgll .Mission Statement: To,pi~vide leaderxhlp in conservation attd teach stewardship of the soil, water, and related resource~ through a balanced~ cooperative prOgram that protects, re,qtore3, and ln~rov¢~: those reaources. Decmnber 22, 2003 Robert Generous, Senior Plamxer City of Chatthasscn 7700 Market Boulevm:d Chanhassen, MN 55317 Re: Proposed McAllister Parcel Develop~nent Mr, Generous: Thank you for sending a copy of the McAllister Parcel development to the SWCD office. Please review the fo/lowing storm water, erosion, and sedimm~t control comments m~d. recommendations. Stm-m Water Begimfing March 10, 2003 all developments disturbing 1-acre or more or part of a contiguo'us development which will disturb more than 1-acre require a National Pollutm~t Discharge Elimination System (NPDES) permit fi'om the Pollu.tion Control Agency (PCA). The owner / operator of the proposed development must apply for and receive the NPDES pemm prior to beginning construction activities. Any development disturbing more than 1-acre and creating more than 1-acre of impervious surface must also have permanent storm water treatment. It appears this is being done as the McAllister Pa~;cel preliminary plan shows the storm water nmoffbeing managed by a proposed storm water basin. For water quality purposes, it is recmmnm~ded to conslmct the storm water basin as a two-cell basin, rather than a single cell, nan-ow, shallow basin. The two ceil basin could consist of a bem~ constructed in the middle of the pond at an elevation of one foot below NWL (i.e. 997). The ben-n would encourage the first cell of the pond to retain more solids before the water flows into the second cell. Eventually, vegetation would gro~v on the ben2 and provide minimal additional treatm, ent as xvell. The overland flow fi'om lots 15 tl~'ough 18 may need a slight berm to divert the water into the first cell of the two-cell basin. In the General Grading and Drainage Notes it states "All construction shall conform to. local roles" and "Positive drainage frmn the site must be provided at all time". The construction must meet all state roles as well as local (i.e. NPDES pemfit). Additionally, the site m.ust meet sediinent and erosion control regulations from the site while maintaining positive drainage. The AN EQUAL OPPORTUNITY EM[PLOYER ~ote "Positive drainage from the site must be provided at all time" should be amended to include verbiage pertaining to the sites' obligation to meet dewatering regulations according to NPDES. For further infom~ation check Part IV, Section D. 1 and 2 (page 15 of 26) of the NPDES Pennit (MN moooo ). Erosion Control I. Riprap and geotextile fabric needs to be installed at the flared end sections of the inlet of the storm water basin. 2. No tmnporary mulch or seeding was me~ltioned in the erosion control notes, Temporary mulch and seed is needed within 7, 14, 21 days (depmlding upon slope) of final grade or if the area is going to remain exposed and fallow for those time frames. Sediment Control 1. A light duty silt fence should be installed between tile town homes and the storm water pond following the outlet installatio~ and dtmng home construction. 2. !nlet control is needed following installation of inlet structures, Inlet control methods will be varied before and after pavement of the street. Before pavement, inlet protection could consist of heavy-duty monoqnono silt fence with 4 foot spacing of metal T-posts mid i" rock aromid silt fence material. After pavement, compost socks, sand bags or rock and wire could be used as temporary inlet control. Street cleaning of soil tracked onto public streets must include daily street scraping and as- needed street sweeping (i.e. weekly sweepi~g). If there are any questions regarding this review please contact the SWCD office. Sincerely, ,-..~, Aaron Mlynek, CPESC-IT Urbm~ Conservation Tectmicim~