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PC Staff Report 1-4-05 ~ z < u ~ ~ ~ ~ < < ~ < Q ~ ~ ~ 00. PC DATE: January 4, 2005 w CC DATE: January 24,2005 CITY OF CHANHASSEN REVIEW DEADLINE: March 5, 2005 CASE #: 04-43 BY: AI-Jaff C(~ STAFF REPORT PROPOSAL: Rezoning of 35.79 acres of property zoned RR, Rural Residential, to RSF, Residential Single Family. Preliminary Plat to Subdivide 35.79 Acres into 57 single-family lots and 8 outlots, Yoberry Farm. LOCATION: East of Highway 41, South of Highover Drive and North of Gunflint Trail. APPLICANT: Yoberry Farms, LLC 7105 Hazeltine Blvd Excelsior, MN 55331 (612) 202-0692 Karen Weathers 7235 Hazeltine Blvd Excelsior, MN 55331 (612) 202-0692 David Hurrel, 7460 Bent Bow Trail Chanhassen, MN 55317 (612) 202-0692 PRESENT ZONING: RR, Rural Residential District 2020 LAND USE PLAN: Residential-Low Density (Net Density 1.2 - 4.0 units per acre) ACREAGE: 35.79 Acres DENSITY: Gross 1.59 Units/Ac Net 1.88 Units/Ac SUMMARY OF REQUEST: The applicant is requesting Rezoning of 35.79 acres of property zoned RR, Rural Residential, to RSF, Residential Single Family and Preliminary Plat to Subdivide 35.79 Acres into 57 single-family lots and 8 outlots, Yoberry Farm. Staff is recommending approval with conditions. Notice of this public hearing has been mailed to all property owners within 500 feet. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City has a relatively high level of discretion in approving a rezoning because the City is acting in its legislative or policy making capacity. A rezoning must be consistent with the City's Comprehensive Plan. ..,¡ Location Map Yoberry Farm City of Chanhassen Planning Case No. 04-43 Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 2 PROPOSAL/SUMMARY The applicant is proposing to subdivide 35.79 acres into 57 single-family lots and 8 outlots. The property is zoned RR, Rural Residential, and the proposal calls for rezoning it to RSF, Residential Single Family. The applicant is also proposing to fill 0.05 acres (2,000 square feet) of wetland. The Minnesota Wetland Conservation Act, through the de minimis exemption (MR 8420.0122 Subp. 9), allows wetland impacts of 2,000 square feet or less without requiring an alternative analysis or wetland mitigation. The proposed wetland impacts equal 2,000 square feet, so no wetland replacement is required. A wetland exemption will be issued administratively by City staff prior to the commencement of grading on this project. The average lot size is 19,164 square feet with a resulting gross density of 1.59 units per acre and a net density of 1.88 units per acre. The site is located east of Highway 41, south of Highover Drive and north of Gunflint Trail. Access to the subdivision will be provided via Highover Drive to the north and Gunflint Trail to the south. All lots are proposed to be served via internal residential streets. All of the proposed lots meet the minimum area, width, and depth requirements of the Zoning Ordinance with the exception of a few parcels that require the shifting of some lines. These lots are listed under the compliance table. The lot lines can be easily adjusted to meet ordinance requirements. The subdivision is proposed to be developed in three additions. The central portion will be developed as the first addition, the north piece will be the second addition and the last segment - third addition, is the area occupying the southwest portion of the site. There are eight outlots shown on the plat. Outlot A of the first addition is proposed to be deeded to the neighboring property to the south, Outlots Band C will contain wetlands and storm water ponds, Outlot D will contain a sidewalk, and Outlots E, F, and G will be deeded to the neighboring lots to the north (when the applicant surveyed the land, it was discovered that the northern property line of Yoberry Farm 1 st Addition did not abut the rear property lines from the Highover Addition lots. A 25-foot wide strip of land Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 3 was created. The applicant chose to split it equally between the Yoberry Farm 1st Addition and the Highover addition property owners). Outlot A of the 3rd Addition will contain a storm pond. The site consists of several parcels being assembled into one tract of land, and then subdivided. These parcels are owned by four individuals. Single-family homes and accessory structures exist on these parcels. Only the single-family homes are intended to remain. Five wetlands occupy the site. The site has bluffs and a meandering topography. The site has some mature trees. In summary, staff believes that the proposed subdivision is well designed. Minor revisions will be required. We are recommending that it be approved with conditions outlined in the staff report. REZONING The applicant is proposing to rezone the property from RR, Rural Residential, to RSF, Residential Single Family. The area to the north is zoned Residential Single Family. The area to the south and east is zoned Planned Unit Development - Residential. The area to the west is zoned Rural Residential and Planned Unit Development - Residential. All the surrounding property, with the exception of the area to the west of the subject site, is guided for Residential Low Density. The area to the west is guided Residential Low Density and Public/Semi Public. The 2020 Land Use Plan shows this area designated for development as Low Density Residential, 1.2 - 4.0 units per acre. Appropriate zoning for this land use is RSF, R4 or PUD-R. The applicant's proposal has a gross density of 1.59 units per acre and 1.88 units per acre net after the streets and wetlands are taken out. This area is in the MUSA. Staff is recommending that this area be rezoned to RSF and finds that the rezoning is consistent with the Comprehensive Plan. PRELIMINARY PLAT The applicant is proposing to subdivide a 35.79-acre site into 57 single-family lots. The density of the proposed subdivision is 1.59 units per acre gross and 1.88 units per acre net after removing the roads and wetlands. All the lots exceed the minimum 15,000 square feet of area, with an average lot size of 19,164 square feet. All of the proposed lots meet the minimum width and depth requirements of the Zoning Ordinance with the exception of a few parcels that have deficient frontage. The lot lines can be easily adjusted to meet ordinance requirements. There are eight outlots shown on the plat. Outlot A of the first addition is proposed to be deeded to the neighboring property to the south, Outlots Band C will contain wetlands and storm water ponds, Outlot D will contain a neighborhood park, and Outlots E, F, and G will be deeded to the neighboring lots to the north (when the applicant surveyed the land, it was discovered that the northern property line of Yoberry Farm 1st Addition did not abut the rear property lines from the Highover Addition lots. A 25-foot wide strip of land was created. The applicant chose to split it equally between the Yoberry Farm 1st Addition and the Highover addition property owners). Outlot A of the 3rd Addition will contain a storm pond. Lots 3 through 8, Block 3, Lots 1 through 4, Block 4, and Lots 1 through 7, Block 5 abut wetlands. The applicant is proposing to outlot the wetlands. The ordinance requires all structures to maintain Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 4 a 40-foot setback from the outside edge of a wetland buffer strip. The ordinance also requires a buffer zone in addition to the wetland setback. A wetland buffer 16.5 feet in width must be maintained around Wetlands 2, 3,4, and 5. A 20-foot wetland buffer must be maintained around Wetland 1. Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent with the Zoning Ordinance. WETLANDS Existing Wetlands Five wetlands exist on-site: one Natural wetland and four AglUrban wetlands. Kjolhaug Environmental Services delineated the wetlands in May 2004. The delineation was reviewed on- site by staff on October 22, 2004. The wetland numbering is not consistent between the wetland delineation and the plans. For the purposes of this report, staff used the wetland number from the plans. Wetland 4 is an AglUrban wetland (Type 1) located at the north edge of the property. The wetland is dominated by reed canary grass, spotted touch-me-not and box elder. No impacts are proposed to Wetland 4. Wetland 3 is an AglUrban wetland (Type 1) located southeast of Wetland 1. The wetland is dominated by reed canary grass. The applicant is proposing to fill the southeastern most portion of the wetland to accommodate a road. The total proposed impact to Wetland 3 is 1,577 square feet (0.04 acres). Wetland 2 is an AglUrban wetland (Type 1) located in the southeastern corner of the property. The wetland is dominated by reed canary grass. The applicant is proposing to fill the northwestern most portion of the wetland to accommodate a road. The total proposed impact to Wetland 2 is 423 square feet (0.01 acres). Wetland 5 is an AglUrban wetland (Type 3) located in the southeast corner of the property. The wetland is dominated by cattail, reed canary grass, American elm and ash. No impacts are proposed to Wetland 5. Wetland 1 is a Natural wetland (Type 3) located west of Wetland 4 near the southeast corner of the property. The wetland is dominated by sedge and cattail. No impacts are proposed to Wetland 1. Wetland Impacts The Minnesota Wetland Conservation Act, through the de minimis exemption (MR 8420.0122 Subp. 9), allows wetland impacts of 2,000 square feet or less without requiring an alternative analysis or wetland mitigation. The proposed wetland impacts equal 2,000 square feet, so no Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 5 wetland replacement is required. A wetland exemption will be issued administratively by City staff prior to the commencement of grading on this project. A wetland buffer 16.5 feet in width must be maintained around Wetlands 2, 3,4 and 5. A wetland buffer 20 feet in width must be maintained around Wetland 1. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant should install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. All structures must maintain 40-foot setbacks from wetland buffer edges. BLUFFS Two areas on the property have been identified as bluff (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe). These areas must be preserved. In addition, all structures must maintain a 30-foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). 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 single-family residential development rates of $1,093/acre. Based on the proposed developed area of approximately 25.59 acres, the water quality fees associated with this project are $27,970. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average citywide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Single- family residential developments have a connection charge of $2,705 per developable acre. This results in a water quantity fee of approximately $69,221 for the proposed development. SWMP Credits This project proposes the construction of 2 NURP ponds and the provision of 2 outlet structures. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $97,191. OTHER AGENCIES The applicant should apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering), Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4,2005 Page 6 Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval. GRADING. DRAINAGE & EROSION CONTROL The existing site is about 36 acres and has tree cover over approximately 16 acres (45% of the parcel). The existing parcel has a wide variety of grade changes within its limits. The site elevations range from a high of 1084± to a low of 992±. These severe elevation differences make this site a challenging one to both develop and minimize grading. The plans propose to grade about 80% of the site for the 57 new house pads, a proposed street system, three cul-de-sacs and stormwater ponds. The proposed grading will prepare the site for full basement, look-out and walk-out type house pads. Retaining walls are proposed in numerous locations throughout the site. The applicant must be aware that any retaining wall over four feet in height must be designed by a registered civil engineer and a permit from the city building department must be obtained. In addition, encroachment agreements will be required for any retaining wall within a public easement. Staff is concerned with the large number of lots that have steep rear yard slopes off the house pad and very little useable rear yard. Staff is, therefore, recommending that all lots have a minimum useable area off the back of the house pad that is relatively flat with a maximum slope of 10: 1. In addition, the eastern end of Gunflint Trail contains three retaining walls just off the right-of- way. To better match the existing grades and minimize the wall height on two of the retaining walls, staff is recommending that the applicant increase the street grades moving west from the cul-de-sac. This would lower the street in the area of the curve and existing wetland and decrease the amount of fill that is required. The existing site drainage is encompassed within three main drainage areas. Under existing conditions, the eastern portion of the site drains to an existing wetland complex to the east and south; the northwestern part of the site drains off-site to a western TH 41 ditch; and the southwestern part of the site drains off-site to the south. Under developed conditions, the applicant is proposing to capture the street drainage, front yard drainage and rear yard drainage from most of the lots. The stormwater that is captured will be conveyed via storm sewer to proposed ponds in the southeasterly and southwesterly corners of the site for treatment. The proposed ponds must be designed to National Urban Runoff Program (NURP) standards with maximum 3:1 slopes and a 10:1 bench at the NWL. Two storm water ponds are proposed in conjunction with this development. In addition, a temporary pond that was constructed with the Highover subdivision is proposed to remain. The applicant has indicated that he has met with the property owners of Lot 23, Block 3, Highover who are aware that the temporary pond will not be relocated. The applicant has submitted a letter from the owners of Lot 23, Block 3 that indicate they understand that the pond will not be moved. The pond built in conjunction with the Highover subdivision must be maintained to ensure it meets the size and volume standards to which it was originally designed. Any inlet and outlet structures on that pond requiring maintenance or replacement must be corrected. In addition, areas experiencing erosion due to storm water discharge must be stabilized. Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 7 While the applicant is proposing to treat most of the site drainage with on-site ponding, there is a small area in the central portion of the site which will not be treated on site. Proposed catch basins at the intersection of Street B and Gunflint Trail will capture this drainage and connect with the existing storm sewer in Gunflint Trail. This storm sewer drains to an existing pond in the Longacres subdivision south of the site. Based on staff s review of the existing pond date, the existing pond is undersized for the proposed development area that will be draining to it from Yoberry Farm. The applicant will either have to expand the existing pond or provide onsite ponding for this area. Drainage calculations for the site have been submitted and some changes remain. The applicant is required to meet the existing site runoff rates for the lO-year and 100-year, 24-hour storm events. Storm sewer sizing calculations must be submitted at the time of final plat application. The storm sewer must be sized for a lO-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. Proposed erosion control must be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends that Type II silt fence, which is a heavy duty fence, be used adjacent to the existing wetlands and around the ponds. In addition, tree preservation fencing must be installed at the limits of tree removal. Erosion control blankets are recommended for all areas with a steep slope of 3: 1 and an elevation drop of eight feet or greater. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. Silt fence must be installed between wetland impact areas and the remaining wetland. All exposed soil areas should have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3: 1 10:1 to3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Street cleaning of soil tracked onto public streets should include daily street scraping and street sweeping as needed. Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 8 UTILITIES Municipal sewer and water service is available to the site from Gunflint Trail in the south and from Highover Drive to the north. The applicant is proposing to connect to the existing watermain at both ends and loop it through the site. The City's Water System Master Plan calls for a 12-inch diameter watermain to connect the existing 12-inch main in Highover Drive to the north with the existing 16-inch main in Longacres Drive just south of the site. To comply with the Master Plan, the applicant is proposing to install the 12-inch watermain connection through the site. Since the applicant is only required to install an 8-inch main to serve the proposed lots, the watermain oversizing cost will be paid by the City from the water portion of the City's utility fund. Currently, there is an existing temporary lift station at the south end of Highover Drive. The lift station pumps wastewater to a gravity sewer in Highover Drive to the north. This temporary lift station, which serves five homes, has only one pump and is not owned or maintained by the City. As part of the Highover subdivision approval and development contract, the temporary lift station was to be removed when the property to the south (Yoberry Farms) was developed. In fact, the City is holding a letter of credit to ensure this happens. When the temporary lift station is removed, it was always the intention to have a permanent lift station installed within the north part of the Yoberry Farms plat. The permanent lift station would be built to City standards and would be turned over to the City for maintenance and ownership. This is in accordance with the City's Sanitary Sewer Comprehensive Plan. Staff has previously informed the applicant of this requirement. As an alternative, the applicant is proposing to deviate from the sewer comprehensive plan and route the sanitary sewer from 11 homes (6 in Yoberry and 5 from Highover) through the Yoberry site. This sewer, which was originally supposed to drain to the north, will now drain to the south and eventually to lift station #27 (L.S. #27) in the Long Acres Development. Because the wastewater from these 11 homes was never meant to draiIi to L.S. #27, the existing pumps in L.S. #27 are not sized for this additional wastewater. As such, staff has no objection to the sanitary sewer layout as proposed but the applicant will be required to cover the cost of all necessary upgrades to L.S. #27 for the wastewater from the 11 additional homes. The underlying property has been previously assessed for sewer and water improvements and those assessments have been paid. The sanitary sewer and water hookup charges along with the Lake Ann Interceptor charge will be applicable for each of the new lots. The 2004 trunk hookup charge is $1,458.00 per unit for sanitary sewer and $2,814.00 per unit for watermain. The total 2004 Lake Ann Interceptor charge is $2,102 per unit and the SAC fee is $1,425.00 per unit. All of these charges are based on the number of SAC units assigned by the Metropolitan Council. Sanitary sewer and water-main 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 Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 9 aware that all public utility improvements will require a pre-con meeting before building permit Issuance. STREETS Overall, the proposed street layout appears to work well. The entire street system is shown within a 60-foot wide public right-of-way with 31-foot wide streets in accordance with City design criteria. Sidewalk is proposed on one side of all the through streets. The plans propose to extend two public streets to service the site from Highover Drive to the north and Gunflint Trail from the south. The proposed streets will provide a connection between Gunflint Trail and Highover Drive. These types of street connections are always preferred for emergency access and to provide residents an alternate route to get to/from their homes. While the minimum curve radius allowed on public streets is 180 feet, staff is willing to allow the tight curve on the east end of Gunflint Trail because the curve is at the end of the street. Staff is recommending that a curve sign with a 20 mile per hour speed limit be posted on both sides of the curve. There is a small portion of the proposed right-of-way for Gunflint Trail that encroaches into an existing electric utility easement along the eastern property line of the site. The applicant will need to obtain an agreement from Xcel Energy that prohibits any future encroachment of the power poles into the street pavement or move the street and right-of-way outside of the existing easement area. PARK DEDICATION Parks Minnewashta Regional Park, a 200-acre property owned and operated by Carver County, is located just across Highway 41 from the subject property. Pedestrian access from the Yoberry site to the Regional Park would prove difficult and is not advised. The County has long-range plans of providing a pedestrian underpass to the park. However, a future date for this improvement has not been established. There are no neighborhood parks within a half-mile service area of the site. This is largely due to the manner in which neighborhood park services have been provided in this area of the City. Two "association" properties providing park services exist in the Longacres neighborhoods to the south of the Yoberry plat. These recreational properties will not be available to the future residents of the new neighborhood. The City is not seeking parkland dedication as a condition of the platting of this property. Payment of park fees at the rate in force at the time of platting shall be required as a condition of approval. Trails The site does not contain any segment of the City's comprehensive trail plan. A linear grass outlot that serves as a neighborhood trail corridor does exist to the north and east of the Yoberry plat. This outlot was acquired at the time the Highover addition was platted. The applicant for Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 10 the Yoberry plat has acknowledged the presence of this outlot and is providing a sidewalk and stairway connection to the outlot at an appropriate location. It should be noted that the terrain in this vicinity of the plat requires the installation of a stairway, a condition that will limit the types of uses appropriate in this corridor. Upon completion of the Yoberry neighborhood it will be necessary to complete the sidewalk connection to Longacres Drive. This will require the installation of sidewalk in front of two homes on the east side of Gunflint trail. TREE PRESERV A TION/LANDSCAPING Tree canopy calculations have been submitted for the Yoberry development. They are as follows: Total upland area (excluding wetlands) Baseline canopy coverage Minimum canopy coverage allowed Proposed tree preservation 35.9 ac. 45% or 16.17 ac. 35 % or 12.57 ac. 14% or 5.03 ac. Developer does not meet minimum canopy coverage allowed, therefore the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage Multiplier Total replacement Total number of trees to be planted 328,399 SF or 7.54 ac. 1.2 394,079 SF 362 trees Additional tree removal must be added to the submitted calculations to allow for tree removal on the custom graded lots. According to ordinance, 105 feet from the property line is considered a removal area for the construction of a home, driveway and any decks, porches or other such features. There are 6 custom-graded lots in the development. The approximate removal area for these lots is 49,200 square feet. Revised calculations are as follows: Total upland area (excluding wetlands) Baseline canopy coverage Minimum canopy coverage allowed Proposed tree preservation 35.9 ac. 45% or 16.17 ac. 35 % or 12.57 ac. 11% or 3.90 ac. Developer does not meet minimum canopy coverage allowed, therefore the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage Multiplier Total replacement Total number of trees to be planted 377,599 SF or 7.54 ac. 1.2 453,119 SF 416 trees Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 11 The applicant has shown a total of 416 trees in the landscape plan. Bufferyard requirements are as shown in the table: Landsca in Item Bufferyard B* - West property line (1290') Re uired 13 overstory trees 26 understory trees 26 shrubs Pro osed Existing tree/shrub line and existing difference in grade elevations Applicant meets minimum requirements for bufferyard plantings. According to the existing conditions and demolition plans (tree preservation) dated 12/20/04, Lot 3, Block 1 of Yoberry 2nd Addition is to be custom graded. However, on grading plans of the same date, the lot is being graded in conjunction with the street. This lot may represent additional tree removal for the development. Staff recommends that the developer clarify how tree removal for lot 3 has been calculated. Additional tree removal calculations need to be done for Lots 18-20, Block 1 since lot sizes have changed due to the additional Right-of-Way adjacent to them. Tree removal calculations will assume 105 feet of clearing on each lot. While the site has many lowland forest species such as boxelder, ash, willow and cottonwood there are a number of very large, upland hardwood specimens as well. Oaks, maples, some black cherry and a tamarack that range in diameter from 20 inches up to 55 inches dot the landscape on the western side of the property. Many of these are in direct conflict with street and home construction, but a handful of them will be left within custom-graded lots. Staff recommends that great care be taken during home construction to preserve as many of the significant trees as possible. Trees that should be located prior to grading field verified as to whether or not they should be removed include: #312, #42, #192, #250, and #251. COMPLIANCE WITH ORDINANCE - RSF DISTRICT Area (sq. Frontage Dept Setbacks: front, Wetland Bluff ft.) (feet) h side, rear, wetland Buffer (feet) (feet) buffer ed,ge (feet) Code 15,000 90 125 30, 10, 30, 40 16.5 or 20 30 Yoberry Farm Lot 1, Block 1 17,689 110 157 30,1O,30,na na na Lot 2, Block 1 20,143 81 @ curve 169 30,1O,30,na na na Lot 3, Block 1 19,630 63 @ curve 161 30'1O,30,na na na Lot 4, Block 1 34,540 50 @ curve 165 30, 10, 30, na na 30 Lot 5, Block 1 25,509 71 @ curve 182 30'1O,30,na na na Lot 6, Block 1 19,701 103 190 30,1O,30,na na na Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 12 Area (sq. Frontage Dept Setbacks: front, Wetland Bluff ft.) (feet) h side, rear, wetland Buffer (feet) (feet) buffer ed,ge (feet) Code 15,000 90 125 30, 10, 30, 40 16.5 or 20 30 Lot 7, Block 1 15,898 95 147 30, 10, na, na na na Lot 8, Block 1 18,569 90 218 30, 10, 30, na na na Lot 9, Block 1 17,160 93 191 30, 10, 30, na na na Lot 10, Block 1 15,099 156 177 30,1O,30,na na na Lot 11, Block 1 15,263 135 146 30, 10, 30, na na na Lot 12, Block 1 15,251 113 154 30, 10, 30, na na na Lot 13, Block 1 15,029 102 184 30,1O,30,na na na Lot 14, Block 1 16,287 95 197 30,1O,30,na na na Lot 15, Block 1 18,296 92 183 30,1O,30,na na na Lot 16, Block 1 17,678 105 184 30'1O,30,na na na Lot 17, Block 1 17,395 126 170 30'1O,30,na na na Lot 18, Block 1 18,188 72 @ curve 157 30,1O,30,na na 30 Lot 19, Block 1 20,558 79 @ curve 171 30,1O,30,na na 30 Lot 20, Block 1 22,739 102 271 30'1O,30,na na 30 Lot 21, Block 1 37,440 144 244 30'1O,30,na na 30 Lot 1, Block 2 15,045 179 172 30,1O,30,na na na Lot 2, Block 2 15,548 146 155 30, 10, na, na na na Lot 3, Block 2 15,195 130 136 30,1O,30,na na na Lot 1, Block 3 20,533 256 159 30, 10, na, na na na Lot 2, Block 3 16,236 86 @ curve 155 30,1O,30,na na na Lot 3, Block 3 16,983 93 162 30, 10, 30, 40 20 na Lot 4, Block 3 15,040 93 160 30, 10, 30, 40 20 na Lot 5, Block 3 15,961 91 161 30, 10, 30, 40 20 na Lot 6, Block 3 16,158 100 160 30,1O,30,na na na Lot 7, Block 3 16,410 113 153 30, 10, 30, 40 16.5 na Lot 8, Block 3 29,940 314 230 30, 10, 30, 40 16.5 na Lot 1, Block 4 27,557 82 @ curve 279 30, 10, 30, 40 16.5 na Lot 2, Block 4 15,033 78 @ curve 161 30,10,30,40 16.5 na Lot 3, Block 4 15,191 105 153 30,10,30,40 16.5 na Lot 4, Block 4 15,041 105 149 30, 10, na, 40 16.5 na Lot 1, Block 5 17,530 96 172 30, 10, na, 40 16.5 na Lot 2, Block 5 16,140 96 171 30,10,30,40 16.5 na Lot 3, Block 5 17,148 92 188 30,10,30,40 16.5 na Lot 4, Block 5 21,493 88 @ curve 204 30, 10, 30, 40 16.5 na Lot 5, Block 5 18,418 83 @ curve 158 30, 10, 30, 40 16.5 na Lot 6, Block 5 16,381 167 128 30,10,30,40 16.5 na Lot 7, Block 5 15,186 149 136 30,10,30,40 16.5 na Outlot A 5,246 Outlot B 84,458 OutlotC 78,995 Outlot D 17,088 Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 13 Area (sq. Frontage Dept Setbacks: front, Wetland Bluff ft.) (feet) h side, rear, wetland Buffer (feet) (feet) buffer ed,ge (feet) Code 15,000 90 125 30, 10, 30, 40 16.5 or 20 30 Yoberry Farm 2nd Lot 1, Block 1 24,417 132 223 30,10,30,na na na Lot 2, Block 1 15,039 101 156 30,1O,30,na na na Lot 3, Block 1 19,901 107 192 30, 10, 30, na na na Lot 1, Block 2 15,040 128 155 30,1O,30,na na na Lot 2, Block 2 15,312 95 162 30,1O,30,na na na Lot 3, Block 2 16,035 103 156 30, 10, 30, 40 16.5 na Outlot A 15,908 Yoberry Farm 3rd Lot 1, Block 1 13,198 138 233 30, 10, 30, na na na Lot 2, Block 1 17,947 106 203 30,1O,30,na na na Lot 3, Block 1 24,284 57 @ curve 156 30,1O,30,na na na Lot 4, Block 1 19,050 55 @ curve 150 30, 10, 30, na na na Lot 5, Block 1 31,832 55 @ curve 176 30,1O,30,na na na Lot 6, Block 1 20,684 85 @ curve 190 30,1O,30,na na na Lot 7, Block 1 17,033 91 187 30, 10, 30, na na na Lot 8, Block 1 17,305 90 187 30,1O,30,na na na Outlot A 16,964 ROW 241,415 Total 1,559,202 Average 19,164 @ Meets 90 foot width at the building setback line. na - Not Applicable SUBDIVISION - FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District with the exception of Lot with deficient width which can easily be corrected. 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Findin,g: The proposed subdivision is consistent with the subdivision ordinance. Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 14 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Findin,g: The proposed site is suitable for development subject to the conditions specified in this report 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Findin,g: The proposed subdivision will not cause environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 6. The proposed subdivision will not conflict with easements of record. Findin,g: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. Findin,g: The proposed subdivision will have access to public utilities and streets. RECOMMENDA TION Staff recommends the Planning Commission adopt the following motions: REZONING "The Planning Commission recommends approval of Case #04-43 to rezone 35.79 acres of property zoned RR, Rural Residential, to RSF, Residential Single Family, for Yoberry Farm as shown on the plans dated received December 20,2004." Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 15 PRELIMINARY PLAT "The Planning Commission recommends approval of the preliminary plat for Subdivision Case #04- 43 for Yoberry Farm for 57 lots and 8 outlots as shown on the plans received December 20, 2004, subject to the following conditions: 1. A minimum of two overstory trees shall be required in the front yard of each lot. The applicant shall supply the city with a list of the number of trees required on each lot as shown on the landscape plan dated 12120/04. 2. The developer shall be responsible for installing all landscape materials proposed in rear and side yard areas. 3. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. 4. Tree preservation on site shall be according to tree preservation plans dated 12/20/04. Any trees removed in excess of proposed tree preservation plans will be replaced at a ratio of 2: 1 diameter inches. 5. Tree removal calculations must be shown for lot 3, block 1, Yoberry 2nd Addition. Revised calculations for the entire development will be required before final plat approval. 6. Payment of park fees at the rate in force at the time of platting shall be required as a condition of approval. The applicant will be required to meet the existing site runoff rates for the lO-year and 100-year, 24-hour storm events. The proposed ponds must be designed to National Urban Runoff Program (NURP) standards. 7. The storm sewer must be designed for a lO-year, 24-hour storm event. Submit storm sewer sizing calculations and drainage map prior to final plat for staff review and approval. 8. 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. 9. Staff recommends that Type II silt fence, which is a heavy duty fence, be used adjacent to the existing wetlands and around the ponds. In addition, tree preservation fencing must be installed at the limits of tree removal. Erosion control blankets are recommended for all areas with a steep slope of 3: 1 and an elevation drop of eight feet or greater. 10. All plans must be signed by a registered Civil Engineer in the State of Minnesota. 11. On the utility plan: a. All watermain pipes must be PVC-C900. Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 16 b. Maintain lO-foot horizontal separation between all sanitary/water/storm sewer mains. c. Revise the storm sewer pipe size to maintain a minimum 15". d. Sanitary manhole #4 must be with outside drop structure. e. Show existing sanitary, storm, and watermain pipe type and size. f. Show all existing utilities in Longacres Drive. g. Minimum sanitary sewer pipe slope is 0.4% - Revise accordingly. h. Reroute the proposed watermain in the southwest corner of the parcel to be between Lots 5 and 6 and 10 feet off the proposed sanitary sewer within the 30- foot utility easement. 1. Add the following notes: Any connection to an existing structure must be core drilled. 12. On the grading plan: a. Show the 100-year HWL of wetlands 1 and 5. b. Show the benchmark used for the site survey. c. Show the location and elevation of all emergency overflows. The elevation must be 1.5 feet lower than adjacent house elevations. d. Delete the proposed grading on the custom house pad of Lot 3, Block 1, Yoberry 2nd Addition. e. Revise the retaining wall top and bottom elevations on the southwest corner of the parcel. f. Remove existing temporary cul-de-sac pavement and re-sod it at the north on Highover Drive. g. Maintain a maximum driveway slope of 10% on Lot 21, Block 1, Yoberry 1st Addition. h. Remove the existing outlet control structure after installing the proposed outlet control structure on the existing north storm pond. 1. Show the location of the existing power lines along the eastern property line of the site. 13. Any retaining wall over four feet in height must be designed by a registered civil engineer and a permit from the City's Building Department must be obtained. In addition, encroachment agreements will be required for any retaining wall within a public easement. Approved safety fence will be required on top of all retaining walls which are adjacent to sidewalk or trails. 14. The sanitary sewer and water hookup charges along with the Lake Ann Interceptor charge will be applicable for each of the new lots. The 2004 trunk hookup charge is $1,458.00 per unit for sanitary sewer and $2,814.00 per unit for watermain. The total 2004 Lake Ann Interceptor charge is $2,102 per unit and the SAC fee is $1,425.00 per 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. Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 17 15. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. 16. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. 17. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. 18. All private driveway accesses for the demolished home sites offTH 41 must be removed. 19. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a Development Contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. 20. All lots must have a minimum useable area off the back of the house pad with a maximum slope of 10: 1. 21. To better match the existing grades and minimize the wall height on two of the retaining walls, staff is recommending that the applicant lower the street grades moving west from the eastern cul-de-sac on Gunflint Trail. 22. The applicant will be required to cover the cost of all necessary upgrades to L.S. #27 for the wastewater from the 11 additional homes. 23. A curve sign with a 20 mile per hour speed limit at the eastern end of Gunflint Trail is required on both sides of the curve. 24. The applicant will need to provide additional information showing that the outlet pipe from the southwest pond is discharging to a public drainage and utility easement. 25. Existing drainage and utility easements within the site must be vacated prior to recording of the final plat. 26. The pond built in conjunction with the Highover subdivision must be maintained to ensure it meets the size and volume standards to which it was originally designed. Any inlet and outlet structures on that pond requiring maintenance or replacement must be corrected. In addition, areas experiencing erosion due to storm water discharge must be stabilized. 27. The applicant will either have to expand the existing pond or provide on site ponding for this area. 28. The applicant will need to obtain an agreement from Xcel Energy that prohibits any future encroachment of the power poles into the street pavement or move the street and Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 18 right-of-way outside of the existing easement area. 29. A wetland buffer 16.5 feet in width must be maintained around Wetlands 2, 3,4 and 5. A wetland buffer 20 feet in width must be maintained around Wetland 1. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant should install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. 30. All structures must maintain 40-foot setbacks from wetland buffer edges. 31. All bluff areas must be preserved. In addition, all structures must maintain a 30-foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). 32. Silt fence must be installed between wetland impact areas and the remaining wetland. 33. All exposed soil areas should have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3: 1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 34. Street cleaning of soil tracked onto public streets should include daily street scraping and street sweeping as needed. 35. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $97,191. 36. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Health, Minnesota Department of Transportation, and comply with their conditions of approval. 37. Submit streets names to the Building Department for review prior to final plat approval. 38. Building Department conditions: a. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 19 b. Demolition permits must be obtained prior to demolishing any structures on the site. c. Existing wells and on-site sewage treatment systems but be abandoned in accordance with State Law and City Code. d. Separate sewer and water services must be provided each lot. e. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. f. The developer must coordinate the address changes of the three existing homes with the construction of the development and provide access for emergency vehicles at all times. 39. Fire Marshal conditions: a. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance 9-1. b. No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. c. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. Temporary street signs shall be installed on each street intersection when construction of new roadways allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. d. Submit proposed street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. e. An additional hydrant will be required at the southernmost tip of Lot 4. Relocate the fire hydrant from between Lots 18 and 19 to between Lots 16 and 17 and add an additional fire hydrant between Lots 1 and 8. 40. The frontage on Lot 20, Block 1, Yoberry Farm and Lot 4, Block 1, Yoberry Farm 3rd Addition shall be adjusted to maintain a minimum of 90 feet. 41. On Sheets C3.1, C4.1, C5.1 and L2.1 of the plans, a gap appears on the western edge of Lots 4, 19,20 and 21 of Block 1 and Outlot A, Yoberry Farm. This gap must be eliminated. 42. A windmill appears within the front yard setback on Lot 4, Block 1, Yoberry Farm. The applicant shall remove or relocate this structure prior to final plat recording. 43. Approval of this subdivision is contingent upon vacation of existing drainage and utility easements located on Lots 1 through 3, Block 2, Yoberry Farm 2nd Addition. 44. The applicant shall remove the sidewalk on the west side of Gunflint Trail." Yoberry Farms Rezoning and Subdivision Planning Case No. 04-43 January 4, 2005 Page 20 ATTACHMENTS 1. Findings of Fact. 2. Development Application. 3. Letter from Candace Wisely dated November 30, 2004. 4. Affidavit of Mailing and Public Hearing Notice. 5. Letter from William Coffman granting a 60-day extension dated December 3, 2004. 6. Preliminary plat dated received December 20, 2004. g:\plan\2004 planning cases\04-43 - yoberry farm\staff report pc 200S.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Yoberry Farm - Planning Case 04-43 On January 4, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of a Preliminary Plat to Subdivide 35.79 Acres into 57 single-family lots and 8 outlots, and Rezoning of 35.79 acres of property zoned RR, Rural Residential, to RSF, Residential Single Family - Yoberry Farm. The Planning Commission conducted a public hearing on the proposed development which was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Rural Residential District, RR. 2. The property is guided in the Land Use Plan for Residential - Low Density (1.2 - 4.0 units per net acre). 3. The legal description of the property is attached as Exhibit A. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a) The proposed subdivision is consistent with the zoning ordinance; b) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; c) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; 1 } e) The proposed subdivision will not cause environmental damage; f) The proposed subdivision will not conflict with easements of record; and g) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1. Lack of adequate storm water drainage. 2. Lack of adequate roads. 3. Lack of adequate sanitary sewer systems. 4. Lack of adequate off-site public improvements or support systems. 5. The planning report Planning Case 04-43, dated January 4,2005, prepared by Sharmeen AI-Jaff, et aI, is incorporated herein. RECOMMENDA TION The Planning Commission recommends that the City Council approve the Preliminary Plat. ADOPTED by the Chanhassen Planning Commission this 4th day of January, 2005. CHANHASSEN PLANNING COMMISSION BY: Uli Sacchet, Chairman g:\plan\2004 planning cases\04-43 - yoberry farm\findings of fact.doc 2 RECti NOV·· 0 G zoo. OWNER: Same CITY OF CH¡;îii~.iJ:Hli\\~~ ADDRESS: APPLICANT: David Hurrel ADDRESS: 7460 Bentbow Trail Chanhassen, MN 55331 TELEPHONE (Daytime) 612-202-0692 TELEPHONE: Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non-conforming Use Permit Planned Unit Development* x Rezoning Sign Permits Sign Plan Review x Site Plan Review* x x Subdivision* OTAL FEE $ fJuI_ mate_I· site ptân faYiews. o Temporary Sales Permit Vacation of ROW/Easements Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPR/VACNAR/WAP/Metes and Bounds, $400 Minor SUB) --- PROJECT NAME YOBERRY FARM LOCATION 6451,7105,7185 & 7235 Hazeltine Blvd. Excelsior, MN 55331 LEGAL DESCRIPTION See Attached Exhibit A, B & C TOTAL ACREAGE 35.9 AC. WETLANDS PRESENT X YES NO PRESENT ZONING RR - Rural Residential District REQUESTED ZONING RSF - Single Family Residential District PRESENT LAND USE DESIGNATION RES -Low Density (Net Density Range 1.2- 4/Ac.) REQUESTED LAND USE DESIGNATION RES -Low Density (Net Density Range 1.2- 4/Ac.) REASON FOR THIS REQUEST Allow small lot sinQle familv subdivision cannot be completed within 60 days due Signature of Fee (moar Application Received on Th:eapplloan mutrmJ~ .1fn Idç/~~ Date \'{51~~ Date Fee Paid Receipt No. nFriday prior to the Exhibit C Hurrell Parcel Legal Description LOT 1, BLOCK 1, WIRTZ ADDITION, CARVER COUNTY, MINNESOTA. ~D OUTLOT B, HIGHOVER, CARVER COUNTY, MINNESOTA. Karen Weathers 7235 Hazeltine Blvd. Excelsior, MN 55331 TELEPHONE (Daytime) 612-202-0692 OWNER:Same ADDRESS: APPLICANT: ADDRESS: TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of ROW/Easements Interim Use Permit Variance Non-conforming Use Permit Wetland Alteration Permit Planned Unit Development* Zoning Appeal X Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review X Notification Sign Site Plan Review* X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPR/VACNAR/WAP/Metes and Bounds, $400 Minor SUB) X Subdivision* TOTAL FEE $ ....... ,i .It!Scrow wUf"eteq\dtedfori:dbet ~.ttJ:r8ugh: tmtdeveløpment COntract NOTE· When multiple 'ate fee shaß be each application. ICANNIII PROJECT NAME YOBERRY FARM LOCATION 6451,7105,7185 & 7235 Hazeltine Blvd. Excelsior, MN 55331 LEGAL DESCRIPTION See Attached Exhibit A, B & C TOTAL ACREAGE 35.9 AC. WETLANDS PRESENT X YES NO PRESENT ZONING RR - Rural Residential District REQUESTED ZONING RSF - Single Family Residential District PRESENT LAND USE DESIGNATION RES -Low Density (Net Density Range 1.2- 4/Ac.) REQUESTED LAND USE DESIGNATION RES -Low Density (Net Density Range 1.2- 4/Ac.) REASON FOR THIS REQUEST Allow small lot sinqle familv subdivision th (either copy of Owner's to make this application . entre view cannot be completed within e ; Signature of Fee Owner ApptioationReceivedon ~ Fee Paid TIt.appllcant$:houl meeting. If no II /¡/L/ ¿;ðôr ate Recejpt No. n Friday prior to the Exhibit B Weathers Legal Description PARCEL A ALL THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 116, RANGE 23, CARVER COUNTY, MINNESOTA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER DISTANT 239.4 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH, AT A RIGHT ANGLE TO THE NORTH LINE 200 FEET; THENCE EAST, PARALLEL WITH SAID NORTH LINE, 200 FEET; THENCE NORTH, AT RIGHT ANGLES TO SAID NORTH LINE; THENCE WEST TO THE POINT OF BEGINNING. EXCEPT THAT PART THEREOF LYING NORTH OF A LINE DRAWN FROM A POINT 14 FEET SOUTH, MEASURED AT A RIGHT ANGLE, FROM A POINT IN THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, DISTANT 142.78 FEET WEST OF THE NORTHEAST CORNER THEREOF, TO A POINT ON THE EASTERLY LINE OF MINNESOTA TRUNK HIGHWAY NO. 41, DISTANT 16.3 FEET SOUTHWESTERLY, MEASURED ALONG SAID EASTERLY LINE FROM IT'S POINT OF INTERSECTION WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER. INCLUDING AN EASEMENT FOR DRIVEWAY PURPOSES OVER A STRIP OF LAND 30 FEET WIDE LYING SOUTH OF AND ADJACENT TO SAID LAST DESCRIBED LINE, AND BETWEEN SAID FIRST HEREIN ABOVE DESCRIBED PROPERTY AND THE EASTERLY RIGHT-OF-WAY LINE OF STATE TRUNK HIGHWAY NO. 41; AND ALSO OVER A TRACT OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID 30 FOOT STRIP OF LAND WITH THE WEST LINE OF THE PROPERTY FIRST HEREIN ABOVE DESCRIBED; THENCE SOUTH ALONG SAID WEST LINE TO A POINT 107 FEET SOUTH, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE WEST AT RIGHT ANGLES 13.38 FEET; THENCE DEFLECTING RIGHT 45 DEGREES TO THE SOUTH LINE OF SAID 30 FOOT STRIP OF LANDi THENCE EAST, ALONG SAID SOUTH LINE, TO THE POINT OF BEGINNING. PARCEL B THAT PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 116, RANGE 23, CARVER COUNTY, MINNESOTA, DESCRIBED AS BEGINNING AT A POINT IN THE NORTH LINE OF SAID SOUTH HALF OF THE NORTHEAST QUARTER DISTANCE 239.4 FEET WEST FROM THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE A DISTANCE OF 461.29 FEET, THENCE EAST AT RIGHT ANGLES A DISTANCE OF 464.44 FEET, THENCE NORTH AT RIGHT ANGLES A DISTANCE OF 461.29 FEET AT THE NORTH LINE OF SAID SOUTH HALF OF THE NORTHEAST QUARTER, THENCE WEST ALONG SAID NORTH LINE A DISTANCE OF 464.44 FEET TO THE POINT OF BEGINNING EXCEPT THE NORTH 200 FEET OF THE WEST 200 FEET OF THE ABOVE DESCRIBED PROPERTY. AND ALSO THAT CERTAIN PIECE OF PROPERTY 13.38 FEET IN WIDTH FROM EAST TO WEST, AND 152 FEET IN LENGTH FROM NORTH TO SOUTH, LYING IMMEDIATELY TO THE EAST AND ADJACENT TO THE EASTERLY BOUNDARY OF THE PROPERTY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 116, RANGE 23, DISTANCE 252.78 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE A DISTANCE OF 152 FEET; THENCE WEST AND PARALLEL TO SAID NORTH LINE TO THE EASTERLY LINE OF STATE TRUNK HIGHWAY #41, THENCE NORTHEASTERLY ALONG SAID EASTERLY LINE TO SAID NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE EAST ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. oLf-tf3 Yoberrv Farms. LLC 7105 Hazeltine Blvd. Excelsior, MN 55331 TELEPHONE (Daytime) 612-202-0692 OWNER:Same ADDRESS: APPLICANT: ADDRESS: TELEPHONE: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of ROW/Easements Interim Use Permit Variance Non-conforming Use Permit Wetland Alteration Permit Planned Unit . Development* Zoning Appeal X Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review X Notification Sign Site Plan Review* X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPR/VACNAR/WAP/Metes and Bounds, $400 Minor SUB) X Subdivision* TOTAL FEE $ 2,640 lCANHEO PROJECT NAME YOBERRY FARM LOCATION 6451,7105,7185 & 7235 Hazeltine Blvd. Excelsior, MN 55331 LEGAL DESCRIPTION See Attached Exhibit A, B & C TOTAL ACREAGE 35.9 AC. WETLANDS PRESENT X YES NO PRESENT ZONING RR - Rural Residential District REQUESTED ZONING RSF - Single Family Residential District PRESENT LAND USE DESIGNATION RES -Low Density (Net Density Range 1.2- 4 lAc.) REQUESTED LAND USE DESIGNATION RES -Low Density (Net Density Range 1.2- 4 lAc.) REASON FOR THIS REQUEST Allow small lot sinale familv subdivision A determination notice . authorization to pmoèed with my knowledge. The city hereby notifies the Wptic fequireme extension . extensions are apprQved by the applicant. 11~.D'f Date . n Received on II - 5 - O~ Fee·Pald shoul4çøntact sta If not contaçted. a Q.opy Receipt No. Friday prtorto 1118 Exhibit A Youngquist Legal Description PARCEL A THE SOUTH 25.00 ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 116 NORTH, RANGE 23 WEST. THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER (NW 1/4 OF THE NE 1/4) OF SECTION 9, TOWNSHIP 116, RANGE 23 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER RUNNING THENCE NORTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER A DISTANCE OF 960 FEET; RUNNING THENCE DUE WEST TO THE EASTERLY LINE OF THE RIGHT OF WAY OF STATE TRUNK HIGHWAY NO. 41; RUNNING THNCE SOUTHERLY ALONG THE EASTERLY LINE OF THE RIGHT OF WAY OF SAID HIGHWAY TO ITS POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, RUNNING THENCE EASTERLY TO THE POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED LAND: THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER (NW 1/4 OF THE NE 1/4) OF SECTION 9, TOWNSHIP 116, RANGE 23, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF NORTHEAST QUARTER; THENCE NORTH ALONG THE EAST LINE THEREOF 365.4 FEET; THENCE DEFLECTING 60 DEGREES 45 MINUTES TO THE LEFT AND RUNNING NORTHWESTERLY 195 FEET MORE OF LESS TO THE EASTERLY RIGHT OF WAY LINE OF STATE TRUNK HIGHWAY NO. 41; THENCE RUNNING SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE TO ITS INTERSECTION WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER OF NORTHEAST QUARTER; THENCE EAST ALONG SIAD LINE 445.5 FEET MORE OF LESS TO THE POINT BEGINNING, ACCORDING TO U.S. GOVERNMENT SURVEY THEREOF. THE ABOVE DESCRIBED PROPERTY IS SUBJECT TO A PUBLIC RIGHT-OF-WAY EASEMENT FOR STATE HIGHWAY NO. 41. CARVER COUNTY, MINNESOTA ReceIVED DEC 0 1 2004 CITY OF CHANHASSEN November 30, 2004 Ms. Lori Haak City of Chanhassen 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 Re: Highover / Yo berry Farm Pond Dear Lori: My husband James and I live at 7048 Highover Court in Chanhassen, and we overlook a pond the developer of High over constructed several years ago. A week or so ago I met with Bill Coffinan, a member of the development team that is involved with the development of the Youngquist Property, and we discussed the pond in the rear of our property. We would like to inform the City that we would very much prefer the pond to stay in its present location as we feel it offers us a valuable amenity in several ways. It attracts wildlife (deer and water fowl) that we enjoy, it serves as a "water feature" that enhances our view and our family enjoys ice skating on it during the winter. Please be advised we support the current location of this pond whole heartedly. ThØ you very much for your consideration in this matter. Sincerely, C~cJ~ Candace Wisely CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on December 23, 2004, 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 Rezoning from RR to RSF and subdivision with variances, Yoberry Farm - Planning Case No. 04-43 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. Karen J. Engelhardt, Deputy Clerk Subscribed and sworn to before me this _ day of , 2004. 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The City does not warrant that the Geographic Information System (GIS) Data used ) prepare this map are error free, and the City does not represent that the GIS Data can be used >r navigational, tracking or any other purpose requiring exacting measurement of distance or irection or precision in the depiction of geographic features. If errors or discrepancies are found lease contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota tatutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not e liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and old harmless the City from any and all claims brought by User, its employees or agents, or third arties which arise out of the use(s access or use of data provided. IIsela/mer his map is neither a legafly recorded map nor a survey and is not intended to be used as one. his map is a compilation of records, information end data located in various city, county, state and ldera! offices and other sources regarding the area shown, and is to be used lor reference urposes only. The City does not warrant that the Geographic Information System (GIS) Data used ) prepare this map are error free, and the City does not represent that the GIS Data can be used )r navigational, tracking or any other purpose requiring exacting measurement of distance or irection or precision in the depiction of geographic features. If errors or discrepancies are found lease contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota tatutes §466.03. Subd. 21 (2000). and the user of this map acknowledges that the City shall not e liable for any damages. and expressly waives all claims, and agrees to defend. indemnity, and old harmless the City from any and all claims brought by User, ~s eflllloyees or agents, or third arties which arise out of the use(s access or use of data provided. Public Hearing Notification Area Yoberry Farm City of Chanhassen Planning Case No. 04-43 THOMAS J DOLL & MARY C DODDS PO BOX 148 EXCELSIOR MN 55331 MARK J & COLLEEN M FELLNER 2323 HARRISON HILL CT CHANHASSEN MN 55317 JEFFREY D & KAREN L SANDEFUR 2340 HARRISON HILL CT CHANHASSEN MN 55317 JEFFREY E & MARY ANN O'NEIL 2370 HUNTER DR CHANHASSEN MN 55317 JOHN F & RHONDA S DOLAN 2383 LONGACRES DR CHANHASSEN MN 55317 DARIN M & ANDREA J TYSDAL 2399 LONGACRES DR CHANHASSEN MN 55317 PATRICK M & LISA L BRUNNER 2443 HUNTER DR CHANHASSEN MN 55317 JOHN J & PAMELA S COCCARO 2450 HIGHOVER WAY CHANHASSEN MN 55317 LARRY G & CINDY A LOVIG 2475 GUNFLINT CT CHANHASSEN MN 55317 MICHAEL R BUTH & KELLY M JANDT 2487 GUNFLINT CT CHANHASSEN MN 55317 PAINTING PERFECTION L TD 13875 FENWAY BLVD N SUITE 300 HUGO MN 55038 JOHN P & MARGARET G WIEHOFF 2330 HARRISON HILL CT CHANHASSEN MN 55317 MARK R & SHEILA B HAGEN 2343 HARRISON HILL CT CHANHASSEN MN 55317 JON C & DEBORAH S WADDELL 2375 LONGACRES DR CHANHASSEN MN 55317 DANIEL J & KIMBERLY K HANSON 2390 LONGACRES DR CHANHASSEN MN 55317 MICHAEL R & BRENDA L WELLNER 2424 LONGACRES DR CHANHASSEN MN 55317 GORDON & ROSALIE NAST TRUSTEES OF TRUST 2448 HUNTER DR CHANHASSEN MN 55317 MICHAEL L & CANDI S MCGONAGILL 2451 HUNTER DR CHANHASSEN MN 55317 JAMES R & MARY E VALENTINE 2476 GUNFLINT CT CHANHASSEN MN 55317 JOHN H & SARAH E DRITZ 2493 GUNFLINT CT CHANHASSEN MN 55317 THOMAS L & SUSAN M YEZZI 2320 HARRISON HILL CT CHANHASSEN MN 55317 JOHN F & NICOLE J COYLE 2333 HARRISON HILL CT CHANHASSEN MN 55317 CHARLES T & LORI L DINNIS 2362 HUNTER DR CHANHASSEN MN 55317 CRAIG A & LOIS S SCHULSTAD 2378 LONGACRES DR CHANHASSEN MN 55317 PAUL B & KRISTI L NYBERG 2391 LONGACRES DR CHANHASSEN MN 55317 PHILIP E & PAMELA A BROWN 2438 HUNTER DR CHANHASSEN MN 55317 KIMBERLY A CALLAWAY 2448 LONACRES DR CHANHASSEN MN 55317 MICHAEL & LISA M HOKKANEN 2456 HUNTER DR CHANHASSEN MN 55317 ROBERT H & ANN MARIE MOORE 2484 GUNFLINT CT CHANHASSEN MN 55317 RICHARD J & SARAH R PINAMONTI 2519 LONGACRES DR CHANHASSEN MN 55317 DALE F & JO ELLEN MUELLER 2529 LONGACRES DR CHANHASSEN MN 55317 BRENDA F KNIGHT 2555 LONGACRES DR CHANHASSEN MN 55317 JAMES B & CAROLYN BAKERS 2613 LONGACRES DR CHANHASSEN MN 55317 RIAZ & SHIREEN HUSEIN 2655 LONGACRES DR CHANHASSEN MN 55317 LEONARD V & MARY ELLEN KUHI 2703 CHES MAR FARM RD EXCELSIOR MN 55331 CARVER COUNTY CARVER COUNTY GOVT CTR-ADMIN 600 4TH ST E CHASKA MN 55318 TOBY & KARlE M TIM ION 6959 HIGHOVER DR CHANHASSEN MN 55317 KATHLEEN E MACK 6984 HIGHOVER DR CHANHASSEN MN 55317 PING CHUNG & ANH TRAN 7000 HIGHOVER DR CHANHASSEN MN 55317 MICHAEL P CAUTIN 7013 HIGHOVER CT S CHANHASSEN MN 55317 KEVIN W NORDBY & LESLIE HANNA-NORDBY 2537 LONGACRES DR CHANHASSEN MN 55317 KENNETH & KIMBERLY SWITALSKI 2563 LONGACRES DR CHANHASSEN MN 55317 ANTHONY J & KATHY A LARSON 2631 LONGACRES DR CHANHASSEN MN 55317 NICHOLAS H STILLINGS & DENISE C STILLINGS 2670 LONGACRES DR CHANHASSEN MN 55317 JEFFREY C & BRENDA L WILLIAMS 2710 LONGACRES DR CHANHASSEN MN 55317 JEFFREY MARK ANDERSON 6840 HAZELTINE BLVD EXCELSIOR MN 55331 LAWRENCE M & ABIGAIL DUMOULIN 6966 HIGHOVER DR CHANHASSEN MN 55317 JON D GRUBB 6989 HIGHOVER CT N CHANHASSEN MN 55317 DANIEL P ENBLOM & PAMELA M GRIFFITH-ENBLOM 7010 CHES MAR DR EXCELSIOR MN 55331 MICHAEL J HORN, TRUSTEE & PAMELA A KLINGER-HORN, TRUSTEE 7024 HIGHOVER CT S CHANHASSEN MN 55317 R SCOTT & CARA CELESTE ECKERT 2547 LONGACRES DR CHANHASSEN MN 55317 TIMOTHY J & JENNIFER A LORGE 2589 LONGACRES DR CHANHASSEN MN 55317 JONATHAN D ANDERSON SR & CATHERINE L ANDERSON 2645 LONGACRES DR CHANHASSEN MN 55317 GREGORY L & NANCY L SCHMIDT 2700 CHES MAR FARM RD EXCELSIOR MN 55331 BARRY G & JENNIFER J FRIENDS 2735 CHES MAR FARM RD EXCELSIOR MN 55331 E JEROME & LINDA C CARLSON 6950 GALPIN BLVD EXCELSIOR MN 55331 RICHARD C & LAURA A BRAY 6983 HIGHOVER DR CHANHASSEN MN 55317 GREGORY A & LINDA R TWEDT 6999 HIGHOVER DR CHANHASSEN MN 55317 MARK J OLSON 7011 HIGHOVER DR CHANHASSEN MN 55317 CRAIG J & NANCY G LERVICK 7027 HIGHOVER CT S CHANHASSEN MN 55317 JENNIFER S JOHNSON 7036 HIGHOVER CT S CHANHASSEN MN 55317 JOHN W & LISA G WING 7049 HARRISON HILL TRL CHANHASSEN MN 55317 RUTH E ROLFS 7056 HIGHOVER CT S CHANHASSEN MN 55317 STEVEN E & TERRYL A MUELLER 7077 HARRISON HILL TRL CHANHASSEN MN 55317 MICHAEL W & SUSAN L GILBERT 7100 CHES MAR DR EXCELSIOR MN 55331 ANDREW I & TINA M WHITE 7122 HARRISON HILL TRL CHANHASSEN MN 55317 JOSEPH J WITTERSCHEIN & LESLIE M WITTERSCHEIN 7150 HARRISON HILL TRL CHANHASSEN MN 55317 DEAN A & JACQUELINE P SIMPSON 7185 HAZELTINE BLVD EXCELSIOR MN 55331 MARK A & BETH A BROWN 7210 GUNFLINT TRL CHANHASSEN MN 55317 ROBERT T & SUSANNA A SHARP 7232 LODGEPOLE PT CHANHASSEN MN 55317 REZA & BEVERLY M AGHELNEJAD 7041 HIGHOVER CT S CHANHASSEN MN 55317 KEVIN S & TERESA A FINGER 7052 HARRISON HILL TRL CHANHASSEN MN 55317 WILLIAM D & BARBARA L JOHNSON 7060 CHES MAR DR EXCELSIOR MN 55331 PAUL W & JACKIE M K OTTOSON 7080 HARRISON HILL TRL CHANHASSEN MN 55317 PAUL R & ROXANNE J YOUNGQUIST 7105 HAZELTINE BLVD EXCELSIOR MN 55331 JOSEPH R & JUDITH M EULBERG 7136 HARRISON HILL TRL CHANHASSEN MN 55317 DAVID W & PENNY J DONELSON 7164 HARRISON HILL TRL CHANHASSEN MN 55317 JAMES G WAYNE JR 7200 HAZELTINE BLVD EXCELSIOR MN 55331 NEAL W BRIEST, TRUSTEE & LYNNE HOFFEL T-BRIEST, TRUSTEE 7216 GUNFLINT TRL CHANHASSEN MN 55317 DAVID R WEATHERS & KAREN EDELMANN 7235 HAZELTINE BLVD EXCELSIOR MN 55331 JAMES S & CANDACE L WISELY 7048 HIGHOVER CT S CHANHASSEN MN 55317 ULI SACCHET 7053 HIGHOVER CT S CHANHASSEN MN 55317 PHILIP J & LAURA K HAARSTAD 7066 HARRISON HILL TRL CHANHASSEN MN 55317 ERIC J & JULIENNE G LOHSE 7094 HARRISON HILL TRL CHANHASSEN MN 55317 MICHAEL R & JENNIFER H RYSSO 7108 HARRISON HILL TRL CHANHASSEN MN 55317 JAY M & KELLE L STAATS 7147 HARRISON HILL TRL CHANHASSEN MN 55317 DAVID C & GAIL J LACY 7167 HARRISON HILL TRL CHANHASSEN MN 55317 DAVID J & STEPHANIE L SEWARD 7205 HAZELTINE BLVD EXCELSIOR MN 55331 STEPHEN J & HEATHER OSTERMANN 7224 LODGEPOLE PT CHANHASSEN MN 55317 STUART C & MELANIE S HENDERSON 7240 GUNFLINT TRL CHANHASSEN MN 55317 WALTER A & MELBA D WHITEHILL 7250 HAZELTINE BLVD EXCELSIOR MN 55331 BRIAN P & MELISSA R THOMPSON 7260 HILLSDALE CT CHANHASSEN MN 55317 THOMAS J OLENCZUK & SANDRA G OLENCZUK 7269 BENT BOW TRL CHANHASSEN MN 55317 CARTER W & CARRIE A MUENCH 7284 BENT BOW TRL CHANHASSEN MN 55317 L RILE CHERREY MARY P MCGINTY CHERREY 7300 BENT BOW TRL CHANHASSEN MN 55317 DAVID M & AMY K LYONS 7320 HILLSDALE CT CHANHASSEN MN 55317 DAVID E & CONNIE S MOORE 7330 MOCCASIN TRL CHANHASSEN MN 55317 DAVID G & STACEY R HURRELL 7460 BENT BOW TRL CHANHASSEN MN 55317 MICHAEL P & LORI B ZUMWINKLE 7250 HILLSDALE CT CHANHASSEN MN 55317 STANFORD L & WYNETTE MILLER 7264 BENT BOW TRL CHANHASSEN MN 55317 DAN S & WENDY L SPILLUM 7270 HILLSDALE CT CHANHASSEN MN 55317 JEROME P & TERESA L FREDERICK 7297 HILLSDALE CT CHANHASSEN MN 55317 JOHN W & SHARON K CERJANCE 7301 HILLSDALE CT CHANHASSEN MN 55317 DARYL S & KRISTEN D MCLINDEN 7321 HILLSDALE CT CHANHASSEN MN 55317 MARK S & PAMELA J GOLENZER 7334 BENT BOW TRL CHANHASSEN MN 55317 LONGACRES HOMEOWNERS ASSN INC C/O LUNDGREN BROS CONST INC 935 WAYZATA BLVD E WAYZATA MN 55391 MARK W & STACEY A RIECKS 7256 GUNFLINT TRL CHANHASSEN MN 55317 ADAM E & LEAH S OLSON 7265 HILLSDALE CT CHANHASSEN MN 55317 ERIC K & KELLY J DETTMER 7275 HILLSDALE CT CHANHASSEN MN 55317 MARK W & JOAN R LARSON 7298 HILLSDALE CT CHANHASSEN MN 55317 CHRISTOPHER J LEWIS & JENNIFER L LEWIS 7320 BENT BOW TRL CHANHASSEN MN 55317 KURT W & MICHELLE K ODDSEN 7325 MOCCASIN TRL CHANHASSEN MN 55317 KEVIN P & JEAN ANN THAYER 7351 MOCCASIN TRL CHANHASSEN MN 55317 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 û ~ - Lf3 BRENSHELL .1..'...I.;II\'j..~.. CITY OF CHANHASSEN RECEIVED DEC 3 2004 CHANHASSEN PLANNING DEPT December 3, 2004 Ms. Sharmeen AI-Jaff City of Chanhassen 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 Re: Sixty Day Extension Dear Sharmeen: As we discussed by phone, On behalf of Yoberry Farms, LLC, Dave and Karen Weathers and Dave Hurrell, we do hereby agree to extend the Sixty Day Approval Period. We understand that the holiday season limits the number of Council meetings in December and that we now expect to go to Council in January, 2005. Sincerely, William D. Cof Yo berry Farms, BRENSHELL DEVELOPMENT CORPORATION · 4052 OAKLAND STREET· ST. BONIFACIUS, MN 55375. OFFlCE:952.446.1284 . FAX:952.446.1568 8CANft1!D