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PC Staff Report 04-15-201419 a PROPOSED MOTION: PC DATE: April 15, 2014 CC DATE: April 28, 2014 REVIEW DEADLINE: May 13, 2014 CASE #: 2014 -06 BY: SB, RG, TJ, ML, JM, JS The Chanhassen Planning Commission recommends that City Council approve a Comprehensive Plan Land Use Map Amendment of 3.26 acres from Public /Semi- Public to Residential Low Density; Rezoning of 3.26 acres from Office Institutional District (OI) to Single Family Residential District (RSF); and Preliminary Plat Review of 54.67 acres into 5 lots subject to the conditions of approval, and Adopt the Findings of Fact and Recommendation. SUMMARY OF REQUEST: The developer is requesting a Comprehensive Plan Land Use Map Amendment of 3.26 acres from Public/Semi- Public to Residential Low Density; Rezoning of 3.26 acres from Office Institutional District (OI) to Single Family Residential District (RSF); and Preliminary Plat Review of 54.67 acres into 5 lots. ARBOR COVE LOCATION: 3121 Westwood Drive APPLICANT: Dogwood Road, LLC Westwood Church 5605 Zumbra Drive 3121 Westwood Dr. Excelsior, MN 55331 Excelsior, MN 55331 Todd .simning(a,kroissdevelonment. com 612 -590 -8099 PRESENT ZONING: Office Institutional District, OI 2020 LAND USE PLAN: Public /Semi - Public ACREAGE: 54.67 acres DENSITY: 1.23 units per acre gross and net LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City has a relatively high level of discretion in approving rezonings because the City is acting in its legislative or policy - making capacity. A rezoning must be consistent with the City's Comprehensive Plan. 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. Notice of this public hearing has been mailed to all property owners within 500 feet. Planning Commission Arbor Cove — Planning Case 2014 -05 April 15, 2014 Page 2 of 17 PROPOSAL /SUMMARY The applicant is requesting a Comprehensive Plan Land Use Amendment of 3.26 acres from Public /Semi - Public to Residential Low Density for that portion of the site to be developed with four single - family homes; Rezoning of 3.26 acres from Office Institutional District (On to Single Family Residential District (RSF), and Preliminary Plat Review of 54.67 acres creating 5 lots, four for single - family homes and one for the church site. The property included for the residential development is heavily wooded with 97 percent canopy coverage. The site slopes from a high point of 1018 in the southeast corner of site to a low of 984 in the northwest corner of the site. Each lot has a sharp drop off from the property line to the street of six to eight feet in less than 20 feet. A drainage way from the lot to the east and the southeast cuts diagonally across proposed Lot 1, which will need to be maintained as part of the future development. Staff is recommending approval of the proposed project subject to the conditions of the staff report. APPLICABLE REGULATIONS Chapter 18, Subdivisions Chapter 20, Article II, Division 2, Amendments Chapter 20, Article VII, Shoreland Management District Chapter 20, Article XII, "RSF" Single - Family Residential District Chapter 20, Article XXI, "OI" Office and Institutional District On March 23, 2009, the Chanhassen City Council approved Planning Case #09 -03: • Conditional Use Permit to permit two buildings on one parcel; and • Site Plan Permit for a 51,000 square -foot, two -story multi- purpose building. On July 12, 2004, the Chanhassen City Council approved Planning Case #04 -20 Site Plan Review for a 166 -space parking lot expansion, extension of temporary drive and extension of West 78' Street, and a Wetland Alteration Permit to alter and fill wetlands on site. On September 27, 2001, the Chanhassen City Council approved the following: Land use amendment from Residential — Low Density to Public /Semi - Public Rezoning of the property from Rural Residential, RR, to Office and Institutional, OI. Site Plan #2001 -10, plans prepared by Hammel, Green and Abrahamson, hie., dated July 6, 2001, with a one -story variance from the Office and Institutional district regulations to permit a three story building and a 2.5 -foot variance from the 40 -foot building height Highway Corridor District regulations to permit a 42.5 -foot building Planning Commission Arbor Cove — Planning Case 2014 -05 April 15, 2014 Page 3 of 17 • Wetland Alteration Permit to alter and fill 34,900 square feet (0.8 acres) of wetlands. However, only part of the wetland alteration occurred for the extension of the sewer and construction of the storm water pond. LAND USE AMENDMENT The City submitted the proposed land use amendment for jurisdictional review on February 5, 2014. The comment period ended on Monday, April 7, 2014. There have been no objections to the proposed land use amendment. The developer requires a Comprehensive Plan Amendment to permit the proposed development. The area being amended is the 3.26 acres proposed for the single - family homes. The requested land use amendment reduces the amount of Public /Semi- Public land from 1,213 acres to 1,210 acres and increases the amount of Residential Low Density Land from 4,693 acres to 4,696 acres. The proposed amendment will make all the land on either side of Dogwood Residential Low Density uses. Figure 1 Existing Land Use Q' o m 3 rbontum VIIb Minnesota , PI, Crt. 6 Cnr, Landscape Village Cir- * Arboretum Village Crt- Yllage Ln- retum ou eu Figure 2 Proposed Land Use The proposed amendment and rezoning assist in the furtherance of the following land use goals of the City of Chanhassen Comprehensive Plan: Planning Commission Arbor Cove — Planning Case 2014 -05 April 15, 2014 Page 4 of 17 • 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: 4.6 Housing Goals and Policies Goals: Provide housing opportunities for all residents, consistent with the identified community goals: • A variety of housing types for all people in all stages of the life cycle. • A community of well - maintained housing and neighborhoods, including ownership and rental housing. • Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. • The availability of a full range of services and facilities for its residents, and the improvement of access to a linkage between housing and employment. • Housing development methods such as PUD's, cluster development, and innovative site plans and building types should be encouraged to help conserve energy and resources for housing. • While density is given by a range in the comprehensive plan, the City shall encourage development at the upper end of the density range. REZONING The following zoning districts would be consistent with a Residential Low Density land use: Single - Family Residential, RSF, Mixed Low Density Residential, R-4, Low and Medium Density Residential, RLM, and Planned Unit Development — Residential, PUD -R. The RSF district is the most appropriate zoning district to rezone this property since it is the same zoning as the surrounding residential properties and permits only single - family homes. While the R -4 district permits single - family homes, it also permits twin homes which would be inconsistent with the surrounding development. The RLM district permits single - family homes, as well as twin homes, townhouses and attached housing. But the RLM district also requires that large areas of upland are preserved or created as permanent open space to balance the higher hard surface coverage permitted on the individual lots. Finally, the PUD -R district can be created for a single - family subdivision, but the ordinance requires that the minimum development size be five acres. Planning Commission Arbor Cove — Planning Case 2014 -05 April 15, 2014 Page 5 of 17 Staff is recommending the rezoning to RSF be approved. The developer is subdividing the property into five lots, four lots for single - family homes and one lot for the church campus. No public improvements are proposed in conjunction with the development nor is any street right -of -way being dedicated. Drainage and utility easements shall be dedicated over the lots to cover the flow way for water from the church property as well as standard easements around the four single - family lots. A tree conservation easement is being recorded over the eastern portion of the single - family lots. CK' O/dE i- GRADING, DRAINAGE AND EROISION CONTROL The existing drainage pattern directs water northwest onto 'qe Dogwood Road. The outflow from a wetland in drainage / area E3 (see Existing Drainage Map) has cut a channel into is AC. es the ground which collects and concentrates the stormwater 6.2 Ac. flow before directing oward g ' it Dogwood Road. The proposed drainage plan directs much of the stormwater runoff onto Dogwood Road, similar to the existing conditions. The proposed design includes a curb cut which will pull the water back off of the street to the new EXISTING DRAINAGE filtration basin on Lot 1. The existing channel will be a„ redirected to carry water around the proposed structure on Lot 1 and the filtration basin to the northern corner of Lot 1. The grading plan shows steep slopes on Lots 2 and 4. Grading must be revised such that no slope is steeper than 3:1. The topography shown must include elevation contours for Dogwood Road adjacent to the proposed lots. The centerline gradients must be labeled. Grading plans must be revised to show existing and proposed elevations at each lot corner and the center of the proposed driveways at the curb line. Planning Commission Arbor Cove — Planning Case 2014 -05 April 15, 2014 Page 6of17 The developer's engineer must revise plans to include spot elevations and building comer elevations that direct water flow away from all structures. Grading plan must show spot elevations to illustrate where water will flow at the back of Lot 3. The EOF shall be noted with arrows showing the direction of the over -flow. Include a lot benching detail in the plans. Draintile service must be provided for Lots 3 and 4, which have drainage flows from the back to the front of the lot. Proposed stockpile areas must be indentified in the plans. Drainage and Treatment The stormwater management report was provided as part of the submittal. The applicant's engineer incorporated several of the design comments from a previous meeting between staff and the applicant design team. The applicant is proposing a bioretention - filtration feature to be located on Lot 1. The design for this feature is following the MN Stormwater Manual which can be found here: http:// stormwater .Dca.state.mn.us /index.phhp ?title =Main Page &oldid =12872 It has been the experience of staff, as well as that of the Carver County SWCD, that proper design of these features is critical to assure that they do not clog and cease to function over time. The detail should be amended as follows: • The proposed amended filtration soil includes native soils — Mix A from MN Storm Water Manual. No native soils may be used in the filtration soil. Instead Mix B - of 70% washed sand and 30% leaf -litter compost mixture shall be used. • Pre - treatment practices to be employed shall be shown on the plan view and in the detail sheet. This shall be shown at the curb cut. It is highly recommended that something similar to the Rain Guardian developed by Anoka Conservation District be used. The pretreatment device must be approved by the City. This is even more important as the routing to the feature will be through the city curb and gutter. • It shall also be called out on the grading plans that steps shall be taken to prevent compaction and siltation of the area resulting from construction activities on the site. • Filter fabric invariably clogs. Remove the filter fabric from the detail and use a choker course of rock instead. • The underdrain shall be smooth walled and have a tracer wire. • A knife gate valve shall be included prior to the underdrain entering the proposed 27" manhole. This valve shall be reasonable easy to access. • Calculations shall be provided demonstrating that the feature will draw down within 48 hours. • To avoid plant drowning, siltation, minimize soil compaction, increase contact time and other benefits, the MN Stormwater Manual highly recommends that the maximum depth Planning Commission Arbor Cove — Planning Case 2014 -05 April 15, 2014 Page 7 of 17 shall be no greater than 9.6 inches. This may impose limitations and may not be achievable however, the current ponding depth of 24 inches is not acceptable. Efforts shall be made to decrease the depth as close as possible to the 9.6 inches but no greater than the 14.4 inches recommended for MH HSG B soils. • Maximum side slopes are 3:1 however, it has been staffs' experience that shallower side slopes decrease maintenance needs in the long term. Further, this would increase the surface area of the feature and decrease the ponding depth needed to capture the same volume. Side slopes shall be no steeper than 5:1 and as close to 10:1 as possible except that edge proximal to the house may be 3:1. • Any decrease in treatment volume resulting from the above modifications can be compensated for through additional tree conservation. • The feature shall be kept offline until the vegetation has been established. Plans and the SWPPP must include this information and describe the methodology to be used to achieve this. • A detailed planting plan and schedule must be developed and included in plan set for approval. • The in -situ soils shall be ripped prior to placing the amended filtration soils. The site lies within the boundaries of the Minnehaha Creek Watershed District. Chanhassen is the permitting authority within this district for most rules. The developer shall be responsible for the construction of the biofiltration feature and shall make assurances that the plant materials, mulch and side slopes into biofiltration feature are maintained throughout the life of the feature. This is most typically accomplished though a Homeowners Association. The city will be responsible for maintenance of the underdrain, outlet pipe and inlet protection device at the curb. An operations and maintenance manual shall be developed describing how the feature will be maintained and by who. Tree preservation is being used to provide volume reduction and water quality benefits. This is an acceptable practice under the Minnehaha Creek Watershed District rules and guidance and the Carver County Watershed Management Organization rules and guidance as well as under the Minimum Impact Design Standards (MIDS) recommendations. The applicant's engineer provided acceptable calculations for this credit. In order to garner the benefits, the area must be protected in perpetuity. This area within the conservation easement will not be included into the Surface Water Management connection fee charges. In the event that the area is not preserved in perpetuity, SWMP connection fees will be due at the time the easement is vacated. The following conditions apply to the proposed channel. • Staff would prefer to see added benefits from additional tree preservation. Short of that, the applicant shall include tree 119 and 129 into the protection plan. These trees will serve to guard the conveyance channel from erosion at that point where the newly graded channel will meet the existing channel. Planning Commission Arbor Cove — Planning Case 2014 -05 April 15, 2014 Page 8 of 17 • The drainage and utility easement shall extend from top of bank to top of bank for the proposed channel. This is estimated to be at least 20 feet when scaled off the provided drawings. • The 988 and 986 contours shall be broadened to create a more laminar flow before discharging onto city right -of -way. • The plan shall maintain a separation of at least two (2) feet between peak flow elevation in the channel during the 100 -year storm event and the top of bank for that portion behind the proposed structure on Lot 1. Erosion Prevention and Sediment Control The development will result in a disturbance of greater than one (1) acre. The minimum threshold for requiring a NPDES Construction Permit is the disturbance of 1 acre or more. An NPDES permit will be required and a standalone Surface Water Pollution Prevention Plan must be developed. The SWPPP is required with preliminary submittal but must be reviewed and approved prior to any earth - disturbing activities associated with the project. Proof of permit will also be required to be on- site prior to any earth - disturbing activities. The SWPPP must include all elements required by the permit. It has been staff's experience that the following items are most typically forgotten elements. The MPCA has developed a checklist for SWPPP review which is available on their website. • A narrative of construction activity per Part IIIA 1. • A listing of the chain of responsibility for oversight of SWPPP implementation per Part IIIA 2. • Training documentation for those involved in the design and implementation of the SWPPP per Part IIIP. • Designs and calculations for meeting Stormwater Discharge Requirements although it is understood that this project was originally permitted under different rules so design requirements will be to that approval as administered by Carver County WMO. • Estimated preliminary quantities tabulation for all erosion prevention and sediment control BMPs per Part IIIA 5. • Impervious coverage pre - development and post - development per Part IIIA 5. • Site map showing soil types per Part IIIA 5. • A map of surface waters and wetlands within one -mile of site which will receive stormwater. The SWPPP must identify if these are special or impaired waters. Lake Hazeltine receives runoff from the site and is listed as a 303D impaired water. • The SWPPP must indicate who is responsible for the maintenance of the permanent stormwater management practices on the site and a maintenance plan to assure performance of the practice as listed in Part IIIA 5 k. • The plans must show all elements required under part IV.0 of the permit. The following items shall be incorporated into plan set where appropriate: Planning Commission Arbor Cove — Planning Case 2014 -05 April 15, 2014 Page 9 of 17 The SWPPP as well as the erosion control plan must indicate how the conveyance from the wetland will be permanently stabilized. A detail of the rock checks must be included. This shall be consistent with Technical Supplement 14C to Part 654 of the National Engineering Handbook. CONNECTION CHARGES Surface Water Management connection charges will be due with the final plat. These fees are estimated as follows. Area of lots 1 — 4 less conservation easement. 3.26 - 0.80 = 2.46 acres EASEMENTS All existing easements shown in the plans must be properly referenced with the document number or plat they were dedicated under. A drainage and utility easement crosses the frontage of Lots 2, 3 and 4. The existing drainage and utility easements are preserved in the proposed plat. A conservation easement is proposed along the back of Lots 2, 3 and 4 as well as the east corner of Lot 1. A new drainage and utility easement over the filtration basin and the channel on Lot 1 will provide the City access to these stormwater facilities. RETAINING WALLS The developer proposes two retaining walls on this site. The grading behind all the retaining walls must be modified so that water will not drain down the face of the wall. The developer's engineer must include the elevation of the top and bottom of the retaining walls. The following retaining wall materials are prohibited: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. Grading must be revised to include a swale at the top of the retaining walls for drainage. The Lot 3 retaining wall is located near the southwest side of the proposed structure. It is approximately 65 feet long and three feet tall. Rate Per Acre Acre Sum Water Quality $2,830.00 2.46 $6,961.80 Water Quantity $4,050.00 2.46 $9,963.00 (Credit) $1,415.00 2.02 ($2,858.30) Total Estimate SWMP Fees Due at Final Plat $14,066.50 EASEMENTS All existing easements shown in the plans must be properly referenced with the document number or plat they were dedicated under. A drainage and utility easement crosses the frontage of Lots 2, 3 and 4. The existing drainage and utility easements are preserved in the proposed plat. A conservation easement is proposed along the back of Lots 2, 3 and 4 as well as the east corner of Lot 1. A new drainage and utility easement over the filtration basin and the channel on Lot 1 will provide the City access to these stormwater facilities. RETAINING WALLS The developer proposes two retaining walls on this site. The grading behind all the retaining walls must be modified so that water will not drain down the face of the wall. The developer's engineer must include the elevation of the top and bottom of the retaining walls. The following retaining wall materials are prohibited: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. Grading must be revised to include a swale at the top of the retaining walls for drainage. The Lot 3 retaining wall is located near the southwest side of the proposed structure. It is approximately 65 feet long and three feet tall. Planning Commission Arbor Cove — Planning Case 2014 -05 April 15, 2014 Page 10 of 17 The Lot 4 retaining wall is located along the southern lot line. It is approximately 55 feet long and three feet tall. This wall must be relocated outside of the 10 -foot drainage and utility easement. SANITARY SEWER AND WATERMAIN Sanitary sewer and watermain were constructed under Dogwood Road as part of City Project #06- 06. In 2008, the water and sewer were completed with four service stubs built adjacent to the proposed Lots 1 -4. The service stubs will be adequate to provide City water and sanitary sewer service to the proposed new lots. ASSESSMENTS In 2003, the property was assessed $34,492 for Dogwood Road street and utility improvements. As of January 1, 2014, the outstanding principal was $10,347.75. At the time of the final plat, this assessment plus additional accrued interest must be paid or reassessed. Partial water and sewer hookup fees for each lot are due at the time of final plat. The partial hookup fees will be assessed at the rate in effect at that time. WETLANDS AND SHORELAND AREAS The site lies entirely within the shoreland district for Lake Minnewashta. Lake Minnewashta is a recreational development lake ( §20 -479). A minimum lot size for non - riparian, single - family lots within the shoreland district is 15,000 square feet with a minimum width of 90 feet ( §20 -480). These lots meet or exceed the shoreland requirements. Two flow - through wetland systems exist on the property immediately east and south of the proposed subdivision. Because these delineations are more than five years old they are no longer valid. However, they do provide a sound baseline to establish the probability that wetlands extend onto the proposed lots. Given the topography and the findings of the previous delineation, it does not seem likely that the wetlands indicated on the plan set do extend into any of the proposed lots. This will need to be verified when the growing season begins. Staff does not feel, even in the event the wetland extent is greater than shown, that it would impact the lots other than requiring that buffer is provided, demarcated and recorded against the plat. It should not impact the viability of the lots as suitable building sites. Because these are flow - through systems, the outlets for these needs to be accommodated in the site plan. The grading plan does provide for an overland flow and will be discussed further in the next section. LANDSCAPING AND TREE PRESERVATION The applicant for the Arbor Cove development has submitted tree canopy coverage and preservation calculations. They are as follows: Planning Commission Arbor Cove — Planning Case 2014 -05 April 15, 2014 Page 11 of 17 Total upland area (excluding wetlands) 3.26 ac. or 142,005 SF Baseline canopy coverage 98% or 141,005 SF Minimum canopy coverage allowed 55% or 78,103 SF Proposed tree preservation 36% or 51,400 SF The applicant 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 26,703 SF Multiplier 1.2 Total replacement 32,043 SF Total number of trees to be planted 29 trees The total number of trees required for the development is 29. The applicant has proposed a total of 25 trees and does not meet minimum requirements. Staff recommends that the applicant increase the number of trees planted in order to meet minimum quantity required. No bufferyards are required for this low- density residential development. The applicant has provided a landscape plan with 25 trees shown. However, there is no plant schedule identifying the quantity of each species. Of the four species identified on the landscape plan, staff recommends that the applicant select an alternate species for the Amur maple, which can become invasive in natural areas. Since there are proposed natural areas in each rear yard, an alternate ornamental selection would be appropriate. The applicant is proposing to preserve a 33 -inch red oak (tree #33) that is in good condition (healthy and structurally sound) on Lot 4. According to grading plans, the proposed and existing grades appear to tie in about 20 feet from the trunk. This is a minimal amount of root preservation. The applicant will need to allow for as much undisturbed root area as possible. This root area is necessary not only for the continued growth and health of the tree, but also for its structural stability after all of the surrounding existing trees have been removed and wind load becomes a greater factor. Therefore, the applicant shall place tree preservation fencing at the dripline or the furthest point possible from the trunk and no closer than 20 feet. Within the fencing, the applicant shall spread a 3 to 4 -inch layer of woodchips to protect the root zone. These protections shall remain in effect until construction is completed. If appropriate measures are taken to protect the tree during construction, the preservation will be successful and the value of this lot will increase. This property is fully wooded by a native forest of sugar maple and basswood, an ecosystem commonly referred to as the `Big Woods' that covered the majority of Chanhassen pre - settlement. The existing wooded area is in good condition with no significant number of undesirable or invasive species. The applicant is proposing a tree conservation easement in the rear yards of each lot located outside of the grading limits. Staff recommends that these high - quality woods be protected by an 85 -foot easement in the rear yards of Lots 2 through 4 and follow the grading limits on Lot 1. This does not impact or change the proposed grading plans. Planning Commission Arbor Cove — Planning Case 2014 -05 April 15, 2014 Page 12 of 17 PARKS AND RECREATION Parks This property is located within an area of the city not currently served by a neighborhood park; however, there is an abundance of parkland and open space in the vicinity of Arbor Cove. The 1,100 -acre Minnesota Landscape Arboretum is located one mile to the south and Minnewashta Regional Park is located approximately one -half mile north of the site off of Highway 41. Minnewashta Regional Park is a 340 -acre regional park facility operated by Carver County which features a swimming beach, bathhouse, concession stand, picnic shelters, volleyball courts, playground, trails and fishing pier. The city owns 10 acres of wooded open space at the intersection of Tanadoona Drive and Highway 41. No additional parkland acquisition is being recommended as a condition of this subdivision. Trails The subject site can access the West 78a' Street pedestrian trail /sidewalk. Residents residing in the four new homes will be required to walk/bike on- street for a distance of 750 feet prior to connecting with the sidewalk. No additional trail construction is being recommended as a condition of this subdivision. In lieu of parkland dedication and/or trail construction, full park dedication fees shall be collected at the rate in force at the time of final plat approval. At today's rate, these fees would total $23,200 (4 lots x $5,800 per lot). COMPLIANCE TABLE RSF Setbacks: Front: 30 feet, Side: 10 feet, Rear: 30 feet. Lot Area Lot Lot 25 %Maximum (sq. ft.) Width Depth Site Coverage Notes (sq. ft.) Code The OI district has a minimum (RSF) 15,000 90 125 3,750 15,000 sq. ft., 75 ft. width, 150 ft. depth., 65 % coverage Lot 1 1 56,506 216 240 14,126 1.297 acres Lot 2 29,513 141 263 7,378 .677 acre Lot 3 28,256 117 282 7,064 .649 acre Lot 4 27,604 119 269 6,901 .634 acre Lot 5 2,326,540 618 1,267 1,512,251 53.41 acres Total 2,468,419 56.67 acres RSF Setbacks: Front: 30 feet, Side: 10 feet, Rear: 30 feet. Planning Commission Arbor Cove — Planning Case 2014 -05 April 15, 2014 Page 13 of 17 Staff recommends that the Planning Commission approve the Land Use Amendment, Rezoning and Preliminary Plat subject to the following conditions of this staff report and adoption of the attached Findings of Fact and Recommendation: Parks & Recreation 1. In lieu of parkland dedication and /or trail construction, full park dedication fees shall be collected at the rate in force at the time of final plat approval. At today's rate, these fees would total $23,200 (4 lots x $5,800 per lot). Buildine 1. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. 2. Engineered design and building permits are required for retaining walls exceeding four feet in height. 3. Each lot must be provided with a separate sewer and water service. 4. Demolition permits must be obtained before demolishing any existing structures. Natural Resources 1. The applicant shall plant a total of 29 trees in the development. A revised landscape plan shall be required prior to final plat approval. The applicant shall remove Amur maple from the plant list and replace it with an alternate ornamental tree. 3. Prior to any grading, the applicant shall install tree preservation fencing using metal stakes around tree #33 on Lot 4. The fencing shall be placed at the dripline or the furthest point possible from the trunk and no closer than 20 feet. Within the fencing, the applicant shall spread a 3 to 4 -inch layer of woodchips to protect the root zone. These protections shall remain in effect until construction is completed. 4. A tree conservation easement shall be recorded over the rear 85 feet of Lots 2 through 4 and follow the grading limits on Lot 1. The applicant shall supply a legal description for the easement. 5. Easement signage shall be placed on the lot lines at the point of intersection with the easement on Lots 2 through 4. Signage shall be placed at points of directional change on Lot 1. Signs shall be approved by the city. Planning Commission Arbor Cove — Planning Case 2014 -05 April 15, 2014 Page 14 of 17 Engineering 1. The grading plan shows steep slopes on Lots 2 and 4. Grading must be revised so that no slope is steeper than 3:1. 2. Grading plans must be revised to show existing and proposed elevations at each lot corner and the center of the proposed driveways at the curb line. 3. The developer's engineer must revise plans to include spot elevations and building corner elevations that direct water flow away from all structures. 4. Grading plan must show spot elevations to illustrate where water will flow at the back of Lot 3. 5. The EOF shall be noted with arrows showing the direction of the overflow. 6. Include a lot benching detail in the plans. 7. Draintile service must be provided for Lots 3 and 4, which have drainage flows from the back to the front of the lot. 8. Proposed stockpile areas must be indentified in the plans. 9. All existing easements shown in the plans must be properly referenced with the document number or plat they were dedicated under. 10. A conservation easement is proposed along the back of Lots 2, 3 and 4 as well as the east corner of Lot 1. 11. A new drainage and utility easement over the filtration basin and the channel on Lot 1 will provide the City access to these stormwater facilities. 12. The developer's engineer must include the elevation of the top and bottom of the retaining walls. 13. The following retaining wall materials are prohibited: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. 14. Grading must be revised to include a swale at the top of the retaining walls for drainage. 15. The topography shown must include elevation contours for Dogwood Road adjacent to the proposed lots. The centerline gradients must be labeled. The developer's engineer must incorporate pressure- reducing valves and a surge protection system into the watermain plans. 16. At the time of final plat, the Dogwood Road improvements assessment must be paid or reassessed. 17. Partial water and sewer hookup fees must be paid at the time of final plat. Planning Commission Arbor Cove — Planning Case 2014 -05 April 15, 2014 Page 15 of 17 Water Resources 1. A Stormwater Pollution Prevention Plan (SWPPP) including all required elements listed in the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination System/State Disposal System Program must be prepared and submitted to the city for review and approval. 2. No native soils may be used in the filtration soil. Instead Mix B from the MN Stormwater Manual - 70% washed sand and 30% leaf - litter compost mixture shall be used. 3. Pretreatment practices to be employed shall be shown on the plan view and in the detail sheet. This shall be shown at the curb cut. It is highly recommended that something similar to the Rain Guardian developed by Anoka Conservation District be used. The pretreatment device must be approved by the City. 4. It shall be called out on both grading plans that steps shall be taken to prevent compaction and siltation of the area resulting from construction activities on the site. 5. Remove the filter fabric from the detail and use a choker course of rock instead. 6. The underdrain shall be smooth walled and have a tracer wire. 7. A knife gate valve shall be included prior to the underdrain entering the proposed 27 -inch manhole. This valve shall be reasonable easy to access. 8. Calculations shall be provided demonstrating that the feature will draw down within 48 hours. 9. Efforts shall be made to decrease the depth as close as possible to the 9.6 inches but no greater than the 14.4 inches recommended for MH HSG B soils. 10. Side slopes shall be no steeper than 5:1 and as close to 10:1 as possible except that the south boundary may be up to 3:1. 11. The feature shall be kept offline until the vegetation has been established. Plans and the SWPPP must include this information and describe the methodology to be used to achieve this. 12. A detailed planting plan and schedule must be developed and included in plan set for approval 13. The in -situ soils shall be ripped to a depth of 12 inches prior placing the amended filtration soils. 14. The developer shall be responsible for the construction of the biofiltration feature and shall make assurances that the plant materials, mulch and side slopes into biofiltration feature are Planning Commission Arbor Cove — Planning Case 2014 -05 April 15, 2014 Page 16of17 maintained throughout the life of the feature. This is most typically accomplished though a Homeowners Association. The city will be responsible for maintenance of the underdrain, outlet pipe and inlet protection device at the curb. An operations and maintenance manual shall be developed describing how the feature will be maintained and by who will be responsible for the maintenance. 15. The applicant shall include tree 119 and 129 into the protection plan. 16. The drainage and utility easement shall extend from top of bank to top of bank for the proposed channel. 17. The 988 and 986 contours shall be broadened to create a more laminar flow before discharging onto city right -of -way. 18. The plan shall maintain a separation of at least two (2) feet between peak flow elevation in the channel during the 100 -year stone event and the top of bank for that portion behind the proposed structure on Lot 1. 19. The SWPPP as well as the erosion control plan must indicate how the conveyance from the wetland will be permanently stabilized. 20. A detail of the rock checks must be included. This shall be consistent with Technical Supplement 14C to Part 654 of the National Engineering Handbook. 21. An estimated surface water management connection fee of $14,066.50 will be due with the final plat. 22. The plans must meet all requirements set forth by other agencies with authority over the site. The applicant is responsible to procure all necessary approvals and permissions. This includes, among others, the MN Pollution Control Agency and the Minnehaha Creek Watershed District. Planning 1. Lots 1 through 4 are the only lots included in the land use map amendment from Public /Semi- Public to Residential Low Density. 2. Approval of the Land Use Amendment is subject to Metropolitan Council determination of consistency with system plan. Lots 1 through 4 are the only lots included in the rezoning from Office Institutional District to Single - Family Residential. 4. Approval of the Rezoning is contingent upon approval of the final plat and execution of the development contract. Planning Commission Arbor Cove — Planning Case 2014 -05 April 15, 2014 Page 17 of 17 ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Reduced Copy Preliminary Plat. 4. Reduced Copy Preliminary Grading Plan. 5. Reduced Copy Secondary Grading Plan. 6. Reduced Copy Preliminary Tree Preservation Plan, 7. Reduced Copy Preliminary Forestation Plan. 8. Reduced Copy Preliminary Erosion & Sediment Control Plan. 9. Figure 2 -1. Land Use Table in 5 -Year Stages. 10. Figure 2 -2. 2008 -2030 Land Use Comparison. 11. Public Hearing Notice and Mailing List. gAplan\2014 planning cases\2014 -06 arbor cover submittal 03- 14- 2014tstaff report arbor cove.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Dogwood Road, LLC and Westwood Church for Land Use Map Amendment, Rezoning and Subdivision approval. On April 15, 2014 the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Dogwood Road, LLC and Westwood Church for a land use map amendment from Public /Semi - Public to Residential Low Density, rezoning of the property from Office Institutional District to Single - Family Residential and subdivision approval to create five lots. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Office Institutional District, OI. 2. The property is guided in the Land Use Plan for Public /Semi - Public uses. 3. The legal description of the property is: See attached Exhibit A. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found 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 to all performance standards contained in the Zoning Ordinance. d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance; 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 subdivision ordinance; 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. 6. The planning report #2014 -06 dated April 15, 2014, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission approves the land use map amendment to Residential Low Density, the rezoning to Single - Family Residential District and Preliminary Plat creating five lots. ADOPTED by the Chanhassen City Council this 15a' day of April, 2014. CHANHASSEN CITY COUNCIL IM Chair Me � 5 q w § ; ;• !f R �§ !� \� \ ,w \� !} |!| � § #n &. § A§ � ) r! |/ () � I .� || / / ! �! \ \• \ � \ )| ) � ) \| . !!� \ \f (( |� |) |g! ) ( ) \ / � � 1.., !!� COMMUNITY DEVELOPMENT DEPARTMENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227 -13001 Fax: (952) 227 -1110 0 CITY OFCgANHASSEN APPLICATION FOR DEVELOPMENT REVIEW Date Tied: -5_ 60-Day Review Deadline: 5 1 131 (4 Planner. p% Case #e-k6l4 — ota Er Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑ Conditional Use Permit ❑ Single - Family Residence . ............................... $325 ❑ All Others .............................. ........................... $425 ❑ Interim Use Permit • . ........:....: ......... $300 E" Create over 3 lots .......................$600 ❑ In conjunction with Single - Family Residence.. $325 ❑ ❑ All Others .............................. ...........................$425 + $50 per lot ❑ ❑ Grading ? 1,000 cubic yards ........................... UBC ❑ Rezoning ...................:.......$150 ❑ ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD .................$100 Escrow will be required for other LirAll Others .......................... ............................... $500 ❑ Sign Plan Review ....................... ...........................$150 ❑ Site Plan Review ❑ Administrative ....................... ...........................$100 ❑ CommerciaUlndustrialDistricts* ......................$500 Plus $10 per 1,000 square feet of building area Include number of epsting employees: and number of new employees: ❑ Residential Districts .......... ............................... $500 Plus $5 per dwelling unit ADDITIONAL REQUIRED FEES: [J" Notification Sign .................... ............................... $200 (City to install and remove) `,� Property Owners' List within 500' ........ $3 per address`s tp ` (City to generate -fee determined at pre-application meeting) ❑ Escrow for Recording Documents.. $50, per document (CUP /SPRNACNAR/WAP/Metes & Bounds Subdivision) Project Name: Property Address or Location: [D Subdivision ❑ Create 3 lots or less . ................. ........:....: ......... $300 E" Create over 3 lots .......................$600 t $15 per lot ❑ Metes & Bounds :..........::...:........$300 + $50 per lot ❑ , Consolidate Lots ................. ...........................$150 ❑ Lot Line Adjustment .............. ...................:.......$150 ❑ Final Plat* ............:...... ..:.:..:...............:....... ......$250 'Requires additional $450 escrow for attorney costs. Escrow will be required for other applications through the development contract. ❑ Vacation of Easements/Right -of- way ................... $300 (Additional recording fees may apply) ❑ Variance ..... ............................... ...........................$200 ❑ Wetland Alteration Permit ❑ Single- Family Residence ............................... $150 ❑ All Others...... `. ...........:................... $275 ❑ Zoning Appeal..., ........... ....:.... ............................... $100 ❑ Zoning Ordinance Amendment ......... :. ..... ............ $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) TOTAL FEES: $ Received from: _DDSew©o� Date Received: Check Number: 2'-m Section 2: Required Information Parcel #:2S bo 331® Legal Description: Total Acreage: Wetlands Present? Present Zoning: .Y�-- Present Land Use Designation: Ck-.�vL, Existing Use of Property: C:J -v-k-L - Description of Proposal: sak:� 3. LL A4 e- ❑ Check box if separate narrative is attached Lj Cs 59 Yes ❑ No nn c Requested Zoning: nn--•��� Requested Land Use Designation: _h Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. 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 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. I certify that the information and exhibits submitted are true and correct. Name: Addres City /StatefZip: $S 33 1 Email: ar-Ucie,p t^Vk A, e-ta" Contact: J odd Are. Phone: Cell: Fax: Signature: "-C�C� k\�,�,�- A-6 U.:ef iw... - -'-v Date: '3) 4 Ili PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. 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. I certify that the information and exhibits submitted are true and correct. Contact: ✓e-a�- Cw Phone: 52. ZZA 7�3-1 Cell: �5a a3a<! -7 3710 Fax: Date: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. PROJECT ENGINEER (if applicable) Name: Contact: Address: Phone: City/State0p: Cell: Email: Fax: Section 4: Notification Information Who should receive copies of staff reports? *Other Contact Information: ❑ Property Owner. Via: ❑ Email ❑ Mailed Paper Copy Name: ❑ Applicant 'Via: ❑ Email ❑ Mailed Paper Copy Address: ❑ Engineer Via: ❑ Email ❑ Mailed Paper Copy City /State /Zip: ❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email: GirY FG'I VED�N MAR 14 2014 VHANfIASMNWNMNGDM Ili I � I i i i i i �,4 3 I pi lm ROUx awa nvwM CK; -OfVE i u.wn¢ um a G�•rs w[ sww mn f-I - -- D£uEICPER: — — WYJIEi BINbXC YIM« AULNtl00 flORA LLC 56Y - ,d CXMWRSSEN. MV 5531] CURR£Na ONNflt 3121 wsO TM C0. wlw GYURCN EXC45IOPNpN053.1]I - «I41 MnNIM'4 MABCr urss rmucr uu. xea Rats �rr�.aa«fus oNROr eRn°uM . Xx Raea namoosm.I.a3 ours Pw R«r R. n. NCINlTY MAP R.>E: PRELIMINARY PLAT I 730545 NO. 1 O- F��` 3H0/1. CITY OF CHANHASSEN �. t RECEIVED MAR 14 2014 ;r CHANHASSENPLANNINUEPI , r ®'c"" I BL GW/ ONE I I 1 J I � -J A RL 1FAl/ON BASN £TAI[ _ ---I DOGWOOD R vv v c 130Ci06 0 r DOGWOOD ROAD, LLC GRADING PUW „w�w^,"� ,� CHANHASSEN, MN S/IEET NO. 2 OF 6 SHEETS 311DV14 GTY RECEIVED EN MAR 14 2014 CHANHASSEN pLANNINd DEPT I I I I 1 I i QNE I PRELIMINARY SECONDARY I -'- MAR i 4 2614 // N CHANHASSEN PLANNIN(3 DEPT M MOM f e Ar / e � \: i$ L K ONE �r gmµ sw. s'"vw ,•n I��C M n nrmn mNa wuerwmr mwnG •ar.r.m n� • hae o�+q. ue douse ��t r,wrn v.rrvsrw rnwro ve.r.w.. e..a. u.r o..or nunv� p:.•m�+rwn a an ro mm erne n4 ^^q r+m^ ARBOR COVE PRELIMINARY TREE c''�a �aedClN&.b� 0 DOGWOOD ROAD, LLC r PRESERVATION PLAN 13 -0545 •,��, CHANHASSEN, MN I SHEETNO. 4 OF 6 SHEETS 3/10/14 == I ,•n I��C M n nrmn mNa wuerwmr mwnG •ar.r.m n� • hae o�+q. ue douse ��t r,wrn v.rrvsrw rnwro ve.r.w.. e..a. u.r o..or nunv� p:.•m�+rwn a an ro mm erne n4 ^^q r+m^ ARBOR COVE PRELIMINARY TREE c''�a �aedClN&.b� 0 DOGWOOD ROAD, LLC r PRESERVATION PLAN 13 -0545 •,��, CHANHASSEN, MN I SHEETNO. 4 OF 6 SHEETS 3/10/14 CITY EN me RECEIVED MAR '1 4 2014 CHANHASSEN PLANNING DEPT w � 2 i. / ✓ 3 /- !♦♦ waur. xa I, I mrcuru xaam - ..n rues last/ MS�Mr[ f4�ifP� ¢ rt[q�p40 RxKO �C _ L C K/� ONE w 'z;awuw F 4ro,m I it I I ..l I � �7+rAz-(j O.� ' ^nxe� ARBOR COVE DOGWOOD ROAD, LLC CHANHASSEN, MN PRELIMINARY FORESTATION PLAN a-ous om ISHEETNO. 5 OF 6 SHEETS 3/70114 ary RECENE MN NO NEAW FPPPM£HF OR Ld S`WC11 NA�FIL w VA MM iiAK 4 2014 CWSR`E8S wA. " 'I B IFR CWMI9VRNw. IS SG6'LIhO CHANHASSEN PLANNING OPP! INLO % TcnLN \ COO ftACM WLI W Flaw e'w' a w RR RV R.V BN! �, (.tlCgCICN CN%.IX5 - ww,Er uNM ro u u,ww nn amAa &AWEF l\ Nn,.n vxrM Me. 1 6 MULCH / SEED H aW1RJL q (ryp1 Iar B D 1 °fit• p7 F ..J _ ARBOR COVE PRELIMINARY EROSION 13 ..yrv.mr 8 SEDIMENT CONTROL PLAN 0545 TTO DOGWOOD ROAD, LLC TR �p°� CHANHASSEN, MN ISHEETNO. 6 OF 6 SHEETS 3/10114 Figure 2 -1. LAND USE TABLE IN 5 -YEAR STAGES Existing and Planned Land Use Table tin acres) Within Urban Service Area Allowed Density Range Existing (2000) 2010 2015 2020 2025 2030 Change 2000.2030 Minimum Maximum Residential Land Uses Low Density Residential (developed) 1.2 4 2,600 3,100 3,917 4,495 4,544 4,696 2,096 Low Density Residential (vacant) 2,102 1,602 779 201 152 - Medium Density Residential (developed) 4 8 155 300 326 356 381 406 251 Medium Density Residential (vacant) 245 100 80 50 25 - High Density Residential (developed) 8 16 55 112 140 187 202 225 170 High Density Residential (vacant) 163 106 85 38 23 - Mixed Use Primarily Residential' (developed) 8 20 30 40 45 50 50 50 20 Mixed Use Primarily Residential' (vacant) 20 10 5 - - - C/I Land Uses Est. Employees /Acre Commercial (developed) 25 240 270 300 318 320 328 88 Commercial (vacant) 88 58 28 10 8 - Industrial (developed) 7 500 632 800 1 841 860 883 1 383 Industrial (vacant) 383 251 83 42 23 - Office (developed) 28 240 260 300 321 330 335 95 Office (vacant) 1 99 79 35 14 5 - Mixed Use Primarily C /I' (developed) 26 35 40 45 65 65 65 30 Mixed Use Primarily C /I" (vacant) 30 25 20 - - - Extractive _ Public/Semi Public Land Uses Institutional 1,213 1,213 1,210 1,210 1,2101 1,210 (3) Parks and Recreation 417 1 430 438 457 457 457 40 Open Space 934 934 9341 934 934 9341 - Roadway Rights of Way 1,237 1,237 1,237 1,237 1,237 1,237 - utility Railroad Airport Subtotal Sewered 10,786 10,799 10,807 10,826 10,826 10,826 3,170 Outside Urban Service Area Minimum lot size Maximum lot size Existing (2000) 2010 2015 2020 2025 2030 Change 2000-2030 Rural Residential 2.5 acres or less _ Ruml Residential 2.5 -10 acres 2.5 na 971 971 971 971 971 971 - Rural Residential 10-40 acres _ Agricultural 40, acres 40 27 19 - - - (40) Agriculture land use 904 904 904 904 904 904 - Subtotal Unsewered 11915 1,902 1,894 1,875 1,875 1,875 (40) Undeveloped Wetlands (within land use designations) 2,210 2,210 2,210 2,210 2,210 2,210 - Open Water, Rivers and Streams - 2,059 2,059 2,059 2,059 2059 , 2059 , - Total 14,760 14,760 14,760 14,760 14,760 14,760 3,130 G: \PLAN\2008 Comp Plan\Amendments \Land Use Map\Arbor Cove \Land Use 5 year Arbor Cove.xls 4/2/2014 Figure 2 -2 2008 - 2030 Land Use Comparison 20201 2030 Land Use Plan Land Use Plan Change 2020 -2030 Land Use Acres Percent Acres Percent Acres Commercial 142 1.2% 328 2.2% 186 Office /Industrial 694 5.7% 883 6.0% 189 Office 114 0.9% 335 2.3% 221 Parks & Open Space 1,297 10.6% 1,391 9.4% 94 Public /Semi - Public 1,204 9.9% 1,210 8.2% 6 Residential Large Lot 870 7.1% 971 6.6% 101 Residential Low Density 3,295 27.0% 49696 31.8% 1,401 Residential Medium Density 219 1.8% 406 2.8% 187 Residential High Density 120 1.0% 225 1.5% 105 Mixed Use 51 0.4% 115 0.8% 64 Undevelopable 4,200 1 34.4% 4200 , 28.5% - TOTAL 12,206 14,760 2554 Undevelopable Lakes, Floodplain, Rivers, Streams 2,059 Road Right -of -Way 1,237 Agriculture 904 TOTAL 1 4,200 G1PLAN\2008 Comp Plan\Amendments \Land Use Map\Arbor Cove \land use comparison 2008 - 2030.XIs 4/2/2014 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on April 3, 2014, 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 Arbor Cove — Planning Case 2014 -06 to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this3rJ day of Aorl ( 12014. i a Notary Publ -----' Kar n J. E gel rdt, Deputy Clerk t=EEN nMn�EN sota s1.2mo Notice of Public Hearing Notice of Public Hearing Chanhassen Planning Commission Meeting Chanhassen Planning Commission Meeting Date & Time: Tuesday, March 15, 2014 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Comprehensive Plan Land Use Amendment of 3.26 acres from Public/Semi- Public to Residential Low Density; Proposal: Rezoning of 3.26 acres from Office Institutional District (OI) to Single Family Residential District (RSF); and Preliminary Plat Review of 54.67 acres into 5 lots — ARBOR COVE Applicant: Dogwood Road, LLC/Westwood Church Property 3121 Westwood Drive Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2014 -06. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at baenerous aC)ci.chanhassen.mn.us or by phone at Comments: 952- 227 -1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions. Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a r ecommendation. These reports are availablebyrequest. 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. Remnings, land use and code amendments take a simple majority vote of the City Council except lemmings and land use amendments from residential ro commerclalAndustrial. • 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 fallow an item through the process should check with the Manning Department regarding its status and scheduling forme City Council meeting. • A neighborhood spokespersonfrepresentative 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 m review the pmject 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. ff you wish to have something to be included in me report, lease contact the Planning Staff person named on the notification. Date & Time: Tuesday, March 15, 2014 at 7:00 P.M. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for a Comprehensive Plan Land Use Amendment of 3.26 acres from Public/Semi- Public to Residential Low Density; Proposal: Rezoning of 3.26 acres from Office Institutional District (OI) to Single Family Residential District (RSF); and Preliminary Plat Review of 54.67 acres into 5 lots — ARBOR COVE Applicant: Dogwood Road, LLC/Westwood Church Property 3121 Westwood Drive Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us /2014 -06. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at baenerous(a)ci.chanhassen.mn.us or by phone at Comments: 952- 227 -1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Cods Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Manning 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 me City Council. The City Council may reverse, affirm or modify wholly or partly the Manning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except remnings and land use amendments from residential to commerciallindustrial. • 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 neighborhootl spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested persori • 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. ff you wish to have something to be included in the report, lease contact the Planning Staff person named on the notification. ALAN H & KAREN L DIRKS ALLEN K JR & JENNIFER R LARSON BARBARA A PELZEL 7431 DOGWOOD RD 21195 RADISSON RD 2960 HIGHWOOD DR EXCELSIOR, MN 55331 -8013 SHOREWOOD, MN 55331 -9189 CHANHASSEN, MN 55317 -4438 CHARLES H NEWELL III DANIEL D & AMY R GETSCH DAVID L BUSS 7550 DOGWOOD RD 11711 ASTER WAY 7638 ARBORETUM VILLAGE PL EXCELSIOR, MN 55331 -8053 WOODBURY, MN 55129 -6706 CHANHASSEN, MN 55317 -4424 DAVID L KERSTEN DAVID R & JENNIFER L MELIN REV GONYEA HOMES INC 7561 BEACON CT 7321 DOGWOOD RD 6102 OLSON MEMORIAL HWY EXCELSIOR, MN 55331 -4554 EXCELSIOR, MN 55331 -8015 GOLDEN VALLEY, MN 55422 -4919 GRETCHEN L F STARKS HEATHER H NEUBAUER HERITAGE DEVELOPMENT OF MN 3301 TANADOONA DR 3360 78TH ST W INC 422 EAST COUNTY ROAD D EXCELSIOR, MN 55331 -8048 EXCELSIOR, MN 55331 -4553 ST PAUL, MN 55117 -1218 HIGHLANDS AT BLUFF CREEK JEFFREY A FRANKE JEFFREY M ENDRESS 510 CHESTNUT ST 7511 DOGWOOD RD 7521 BEACON CT CHASKA, MN 55318 -3300 EXCELSIOR, MN 55331 -8052 EXCELSIOR, MN 55331 -4554 JOHN H GANS JOHN H GETSCH JOHN P REILLY JR 7591 BEACON CT 5 HAZELTINE EST 7401 DOGWOOD RD EXCELSIOR, MN 55331 -4554 CHASKA, MN 55318 -1039 EXCELSIOR, MN 55331 -8013 JOHN R ROERS KAREN I PETERSEN REV TRUST KIP A KAUFMANN 7541 BEACON CT 3321 78THST WAY 2990 HIGHWOOD DR EXCELSIOR, MN 55331 -4554 EXCELSIOR, MN 55331 -4512 CHANHASSEN, MN 55317 -4438 MARJORIE D GETSCH TRUST MARK D HANSON MATTHEW D BARRETT 7530 DOGWOOD RD 7491 DOGWOOD RD 7551 BEACON CT EXCELSIOR, MN 55331 -8053 EXCELSIOR, MN 55331 -8013 EXCELSIOR, MN 55331 -4554 MATTHEW KEITHLY MATTHEW S LIST MEI -KUEI HJERMSTAD 7581 BEACON CT 7571 BEACON CT 2056 WATERLEAF LN W EXCELSIOR, MN 55331 -4554 EXCELSIOR, MN 55331 -4554 CHANHASSEN, MN 55317 -8342 MICHAEL P EVANS MICHAEL P QUIST MICHAEL S SMITH 3280 78TH ST W 16962 SADDLEWOOD TRL 7501 DOGWOOD RD EXCELSIOR, MN 55331 -4553 MINNETONKA, MN 55345 -2677 EXCELSIOR, MN 55331 -8013 CAMP FIRE MINNESOTA PETERSON REVOCABLE TRUST PRIYADARSHEE D MATHUR 4829 MINNETONKA BLVD SUITE 202 3301 TANADOONA DR 7531 BEACON CT ST LOUIS PARK, MN 55416 EXCELSIOR, MN 55331 -8048 EXCELSIOR, MN 55331 -4554 PULTE HOMES OF MINNESOTA CORP PO BOX 3660 PORTLAND, OR 97208 -3660 RICHARD C LUNDELL 7341 DOGWOOD RD EXCELSIOR, MN 55331 -8015 SUMIKA CHAI 6913 ANTRIM EDINA, MN 55439 -1707 WESTWOOD COMMUNITY CHURCH 3121 WESTWOOD DR EXCELSIOR, MN 55331 -8044 REGENTS OF THE UNIV OF MINN 319 15TH ST SE 424 DONHOWE BLD MINNEAPOLIS, MN 55455 -0179 SCOTT A VERGIN 7311 DOGWOOD RD EXCELSIOR, MN 55331 -8015 THE ARBORS HOMEOWNERS ASSN 7591 BEACON CT W EXCELSIOR, MN 55331 -4554 WILLIAM JR & MARY S COLOPOULOS 2970 HIGHWOOD DR CHANHASSEN, MN 55317 -4438 RENAE MURPHY 2980 HIGHWOOD DR CHANHASSEN, MN 55317 -4438 SCOTT M HOLTHUSEN 8421 ALLEGHENY GRV VICTORIA, MN 55386 -8203 VICKI L DILLON 7481 DOGWOOD RD EXCELSIOR, MN 55331 -8013 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on April 7, 2014, 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 Notice of Public Hearing CORRECTION for Arbor Cove — Planning Case 2014 -06 to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this ±l" day of ,r i , 2014. Karejt J. Eng h dt, Depa Clerk Notary P lic KIM T. MEUWISSEN •w Notary Public- Minnesota My Commission ExpWa Jan 31, 2015 CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF PUBLIC HEARING CORRECTION Dear Property Owner: On April 3, 2014, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: Request for a Comprehensive Plan Land Use Amendment of 3.26 acres from Public /Semi - Public to Residential Low Density; Rezoning of 3.26 acres from Office Institutional District (OI) to Single Family Residential District (RSF); and Preliminary Plat Review of 54.67 acres into 5 lots — ARBOR COVE The date of the public hearing was listed incorrectly as March 15, 2014. The correct date of the public hearing is TUESDAY. APRIL 15, 2014. The meeting will begin at 7:00 p.m. If you have questions regarding this proposal, contact Bob Generous at 952 - 227 -1131 or by email at bgenerous (a)ci.chanhassen.mn.us, or visit the project web page at www.ci.chanhassen.mn.us /2014 -06. CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF PUBLIC HEARING CORRECTION Dear Property Owner: On April 3, 2014, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: Request for a Comprehensive Plan Land Use Amendment of 3.26 acres from Public /Semi - Public to Residential Low Density; Rezoning of 3.26 acres from Office Institutional District (OI) to Single Family Residential District (RSF); and Preliminary Plat Review of 54.67 acres into 5 lots — ARBOR COVE The date of the public hearing was listed incorrectly as March 15, 2014. The correct date of the public hearing is TUESDAY. APRIL 15, 2014. The meeting will begin at 7:00 p.m. If you have questions regarding this proposal, contact Bob Generous at 952 -227 -1131 or by email at bgenerous (a-)ci.chanhassen.mn.us, or visit the project web page at www.ci.chanhassen.mn.us /2014 -06. ALAN H & KAREN L DIRKS ALLEN K JR & JENNIFER R LARSON BARBARA A PELZEL 7431 DOGWOOD RD 21195 RADISSON RD 2960 HIGHWOOD DR EXCELSIOR, MN 55331 -8013 SHOREWOOD, MN 55331 -9189 CHANHASSEN, MN 55317 -4438 CHARLES H NEWELL III DANIEL D & AMY R GETSCH DAVID L BUSS 7550 DOGWOOD RD 11711 ASTER WAY 7638 ARBORETUM VILLAGE PL EXCELSIOR, MN 55331 -8053 WOODBURY, MN 55129 -6706 CHANHASSEN, MN 55317 -4424 DAVID L KERSTEN DAVID R & JENNIFER L MELIN REV GONYEA HOMES INC 7561 BEACON CT 7321 DOGWOOD RD 6102 OLSON MEMORIAL HWY EXCELSIOR, MN 55331 -4554 EXCELSIOR, MN 55331 -8015 GOLDEN VALLEY, MN 55422 -4919 GRETCHEN L F STARKS HEATHER H NEUBAUER HERITAGE DEVELOPMENT OF MN 3301 TANADOONA DR 3360 78TH ST W INC EXCELSIOR, MN 55331 -8048 EXCELSIOR, MN 55331 -4553 422 EAST COUNTY ROAD D ST PAUL, MN 55117 -1218 HIGHLANDS AT BLUFF CREEK JEFFREY A FRANKE JEFFREY M ENDRESS 510 CHESTNUT ST 7511 DOGWOOD RD 7521 BEACON CT CHASKA, MN 55318 -3300 EXCELSIOR, MN 55331 -8052 EXCELSIOR, MN 55331 -4554 JOHN H GANS JOHN H GETSCH JOHN P REILLY JR 7591 BEACON CT 5 HAZELTINE EST 7401 DOGWOOD RD EXCELSIOR, MN 55331 -4554 CHASKA, MN 55318 -1039 EXCELSIOR, MN 55331 -8013 JOHN R ROERS KAREN I PETERSEN REV TRUST KIP A KAUFMANN 7541 BEACON CT 3321 78THST WAY 2990 HIGHWOOD DR EXCELSIOR, MN 55331 -4554 EXCELSIOR, MN 55331 -4512 CHANHASSEN, MN 55317 -4438 MARJORIE D GETSCH TRUST MARK D HANSON MATTHEW D BARRETT 7530 DOGWOOD RD 7491 DOGWOOD RD 7551 BEACON CT EXCELSIOR, MN 55331 -8053 EXCELSIOR, MN 55331 -8013 EXCELSIOR, MN 55331 -4554 MATTHEW KEITHLY MATTHEW S LIST MEI -KUEI HJERMSTAD 7581 BEACON CT 7571 BEACON CT 2056 WATERLEAF LN W EXCELSIOR, MN 55331 -4554 EXCELSIOR, MN 55331 -4554 CHANHASSEN, MN 55317 -8342 MICHAEL P EVANS MICHAEL P QUIST MICHAEL S SMITH 3280 78TH ST W 16962 SADDLEWOOD TRL 7501 DOGWOOD RD EXCELSIOR, MN 55331 -4553 MINNETONKA, MN 55345 -2677 EXCELSIOR, MN 55331 -8013 CAMP FIRE MINNESOTA PETERSON REVOCABLE TRUST PRIYADARSHEE D MATHUR 4829 MINNETONKA BLVD SUITE 202 3301 TANADOONA DR 7531 BEACON CT ST LOUIS PARK, MN 55416 EXCELSIOR, MN 55331 -8048 EXCELSIOR, MN 55331 -4554 PULTE HOMES OF MINNESOTA CORP PO BOX 3660 PORTLAND, OR 97208 -3660 RICHARD C LUNDELL 7341 DOGWOOD RD EXCELSIOR, MN 55331 -8015 SUMIKA CHAI 6913 ANTRIM EDINA, MN 55439 -1707 REGENTS OF THE UNIV OF MINN 319 15TH ST SE 424 DONHOWE BLD MINNEAPOLIS, MN 55455 -0179 SCOTT A VERGIN 7311 DOGWOOD RD EXCELSIOR, MN 55331 -8015 THE ARBORS HOMEOWNERS ASSN 7591 BEACON CT W EXCELSIOR, MN 55331 -4554 WESTWOOD COMMUNITY CHURCH WILLIAM JR & MARY S 3121 WESTWOOD DR COLOPOULOS EXCELSIOR, MN 55331 -8044 2970 HIGHWOOD DR CHANHASSEN, MN 55317 -4438 RENAE MURPHY 2980 HIGHWOOD DR CHANHASSEN, MN 55317 -4438 SCOTT M HOLTHUSEN 8421 ALLEGHENY GRV VICTORIA, MN 55386 -8203 VICKI L DILLON 7481 DOGWOOD RD EXCELSIOR, MN 55331 -8013