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CC Staff Report 5-9-05 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax 952.227.1110 Building Inspections Phone 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax 952.227.1170 Finance Phone: 952.227.1140 Fax 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax 952.227.1110 Recreation Cenler 2310 Coulter Boulevard Phone: 952.227.1400 Fax 952.227.1404 Planning & Natural Resources Phone 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site \'NNI. ci .chanhassen. mn .us 3 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner ~ .J... g¿y May 9,2005 .'v DATE: SUBJ: Planning Case #05-14, Lake Harrison EXECUTIVE SUMMARY Request for Rezoning from Rural Residential, RR, to Single Family Residential, RSF; Subdivision review for 40 Lots, 4 Outlots and public right-of-way with Variances for street grades, the use of a private street, bluff setbacks on Lots 11 and 12, Block 1, and front yard setbacks for all of Block 2; and a Wetland Alteration Permit for the grading and filling of wetlands on site - Lake Harrison. ACTION REQUIRED City Council approval requires a majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on April 19, 2005, to review the proposed development. The Planning Commission voted 6 to 0 to approve the rezoning, private street, street grade and front yard setback variances and the wetland alteration permit, but to deny the bluff setback variance. The Planning Commission minutes are item 1 a of the May 9, 2005 City Council agenda. The Planning Commission was very concerned that the proposed development not negatively impact the bluff area on the western portion of the property. PARK AND RECREATION COMMISSION ACTION - APRIL 26,2005 On Tuesday, April 26, 2005, members of the Chanhassen Park and Recreation Commission toured the Lake Harrison project site; specifically the section of land proposed for a water treatment facility and potential new neighborhood park. The Commission was generally pleased with the site and thought with some good planning that it would be a good location for a small neighborhood park. The ten-ain and elevation variations of the site were seen both as a challenge and an attlibute. Once back at City Hall, the Commission listened to a staff report concerning the project, followed by a brief report from the applicant and testimony from one of the neighboring residents. The Commission supports the proposed plan of combining a water treatment facility and a neighborhood park on the property toured. Upon the conclusion of their discussion, Commissioner Dillon moved The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautitul parks. A great place 10 live, work, and play. Todd Gerhardt Lake Harrison - Planning Case No. 05-14 May 9, 2005 Page 2 that the Park and Recreation Commission recommend the City Council move forward with a plan to acquire this property with the intent of blending the two uses - a neighborhood park and water treatment facility on the site. Commissioner Scharfenberg seconded and the motion passed unanimousl y. RECOMMENDATION Staff and the Planning Commission recommend adoption of the four motions, beginning on page 15 of the staff report, as modified in the staff report dated April 19, 2005. ATTACHMENTS 1. Planning Commission Staff Report Dated April 19, 2005. 2. Memo from Carver County Public Works dated April 20, 2005. 3. Letter to Mayor and City Council from James & Cheri Broughton dated May 4,2005 4. Memo to Todd Gerhardt from Bob Generous dated May 4, 2005 g:\plan\2005 planning cases\05-141ake harrison (pemtom)\executive summary.doc ....... PC DATE: April 19, 2005 w -..JII CC DATE: May 9, 2005 REVIEW DEADLINE: May 21,2005 CASE #: 05-14 BY: RG, LH, TH, ML, MS, JS, ST, CITY OF CHANHASSEN ........ ......... STAFF REPORT PROPOSAL: Request for Rezoning from Rural Residential, RR, to Single Family Residential, RSF; ~ Subdivision review for 39 Lots, 4 Outlots and public right-of-way with Variances for Z street grades, the use of a private street, bluff setbacks on Lots 11 and 12, Block 1 -< and front yard setbacks for all of Block 2; and a Wetland Alteration Permit for the U grading and filling of wetlands on site - Lake Harrison ~ ~ LOCATION: 6950 Galpin Boulevard ~ ~ APPLICANT: The Pemtom Land Company ~ 7597 Anagram Drive Eden Prairie, MN 55344 -< ~ -< ~ ~ ~ ~ rJJ. PRESENT ZONING: Rural Residential, RR 2020 LAND USE PLAN: Residential- Low Density (net density 1.2 - 4.0 units per acre) ACREAGE: 62 acres DENSITY: gross: 0.63 units per acre; net: 1.35 units per acre SUMMARY OF REQUEST: The applicant is proposing a rezoning of the property from RR to RSF to permit a 39-lot subdivision with setback variances (front yard and bluff), a private street and street slope of eight percent. The development requires a wetland alteration permit for the filling and grading of wetlands to construct the public street and grading to fill two isolated wetland ponds. The proposed development is consistent with the comprehensive plan and staff is recommending approval subject to the conditions. 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. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning and Subdivision Ordinances for variances. The City has a relatively high level of discretion with a variance because of the burden of proof is on the applicant to show that they meet the standards in the ordinance. Location Map Lake Harrison 6950 Galpin Boulevard Planning Case No. 05-14 \.::í~~ r/'t~ --;.1 r..à-q:,;~"'I! LJ¡~ L2 I:~ r-±1~'~ )~~~' tJàb ' est 63' $~' .---1 í "-... \ 0' \ ;___~ - L-J! .J;¿1 nfDr<t~ ¡f ~~ \ j ,K'r,\ M rr l¡-I<;1eJMY/Hi" --'r---;:!. /: ~~ ! ,'!~ '. 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'\ \ I! f f \ \, ' Ii' ! i , Iii i: i 13 BUTTER CUP CRT '----- "--~!)g,,,/\ '-.. o---~----j I, \ ~,ª!r¡~f1![,'(êUlj i--J 14 BLUESAGE lN W !'--y/,·\r~JÍ:)\ ·.......1' j D-;:;;iTT",,¡r,";,(', I 15 WATERLEAF LANE W :'---¡ ¡'-f;X·<\··:¿.\ / n~~ f-;! . , ii' -0 ~ 16 SNAPDRAGON DR =-1 !~.f:Ç~'i~\, _______ //---~'(~~~~~I -----;! ,/\~,,¡ \\/:T7:A1 ------ ,r:::----......,~~'-. ~3·!!!;"~, ,,---, ..., "man'T ,,¡ -... ~ '--... ___' ...../ò"- ",>~3'--'-u~ -, \-/Y' /',----" (!¿fl. // -----.....; .t:::::::f¿¡j;:;~~,v-------q~'O:4:¡! =.=.\ \--y~~,,CT¡ ~>·1 ___________,--' f.. ~~'":A\\ŒI85 ~Ë §~ J. '\ Lake Ann f / 1--------- ! ~ Subject Site Lake Harrison Planning Case No. 05-14 April 19, 2005 Page 2 PROPOSALÆUMMARY The developer is requesting the rezoning of the property from Rural Residential, RR, to Sing1e- Family Residential, RSF. The RSF district zoning is consistent with the land use designation of the property for Residential- Low Density (net density range 1.2 to 4.0 units per net acre) and is compatible with the surrounding developments, which are zoned RSF district, including Highover to the west, Brenden Pond and W oodridge Heights to the north and Ashling Meadows to the east. To the south is Longacres, which is zoned Planned Unit Development - Residential (PUD-R). The developer is proposing a 39-lot single-family subdivision with variances from the subdivision ordinance to permit eight percent street grades and the use of a private street to access Lots 11 and 12 Block 1. In conjunction with the subdivision, the developer is requesting a five-foot front yard setback variance to permit 25-foot front yard setbacks for Block 2. Additionally, the developer is requesting a setback variance from the bluff to build within the 30-foot building setback and to grade within the bluff impact zone. The developer's request for the wetland alteration permit is to permit the construction of the street and to fill two isolated wetlands. Lake Harrison is classified as a natural environment lake by both the Minnesota Department of Natural Resources (DNR) and Chanhassen City Code. The Ordinary High Water (OHW) of Lake Harrison has not yet been established by the DNR. DNR has been notified about the proposed subdivision and a request for an OHW determination has been submitted. DNR anticipates an OHW determination will be made in 1-2 months. The OHW determination should be completed prior to final plat approval. All plans should illustrate Lake Harrison's OHW and a ISO-foot structure setback from the OHW. The minimum lot size for riparian lots within the shoreland management zone is 125 feet wide with 40,000 square feet. The minimum lot size for non-tiparian lots within the shoreland management zone is 90 feet wide with 15,000 square feet. Staff is recommending approval of the proposed development subject to the conditions of approval. Staff does not support the approval of the variances being requested. APPLICABLE REGUA TIONS Chapter 18, Subdivisions Chapter 20, Article IT, Division 3, Variances Chapter 20, Article VI, Wetland Protection Chapter 20, A11icle VIT, Shoreland Management District Chapter 20, Article xn, "RSF" Single-Family Residential District Chapter 20, Article XXVIII, Bluff Protection BACKGROUND In 1997, the City rezoned 49 acres of the westerly parcel from Rural Residential to Single-Family Residential and approved a 54-lot subdivision for Highover Addition. Lake Harrison Planning Case No. 05-14 April 19, 2005 Page 3 REZONING The property is guided in the comprehensive plan for Residential- Low Density Uses. The Residential - Low Density designation permits net densities of 1.2 to 4.0 units per acre. The Single Family Residential District, RSF, is consistent with this land use category and is the typical zoning for single-family residential developments in the City. Other zoning districts that would be consistent with the Residential - Low Density designation include Mixed Low Density Residential District, R4, and Planned Unit Development - Residential, PUD-R. The properties to the north, east and west of this development are zoned RSF. SUBDIVISION REVIEW LANDSCAPING/TREE PRESERVATION Tree canopy coverage and preservation calculations have been submitted for the Lake Harrison development. (The developer has subtnitted an 87 -page listing of the tree survey which is available at city hall for those interested.) They are as follows: Total upland area (excluding wetlands, bluff, park) Baseline canopy coverage Minimum canopy coverage allowed Proposed tree preservation 33.8 ac. 76% or 25.7. 46% or 15.5 ac. 29% or 9.9 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 243,936 SF or 5.6 ac. 1.2 292,723 SF 269 trees The total number of trees required for the development is 269. Applicant has proposed a total of 319 trees. There are no bufferyard requirements for this development. As can be seen from the canopy coverage calculations, two-thirds of the existing trees are being removed on site. The woods on this property contain a mix of quality with some areas being of high quality with many large, native trees and excellent regeneration while others have a variety of pioneer species such as boxelder, ash and elm and an infestation of buckthorn. The most significant areas in telIDS of quality of existing trees and functionality are located in the bluff area along the western side of the property and around the wetland on Lot 5, Block 1. A third area that contains several significantly large oaks is on Lot 9. It is shown as being outside of the grading limits and is proposed to be preserved. This area does have an established understory of buckthorn. Lake HalTison Planning Case No. 05-14 April 19, 2005 Page 4 Concerning the 5-foot front yard variance for Lots 1-10, Block 2, the only lots that appear to benefit for tree preservation from the variance are Lots 3 and 5. City standards for tree clearing on wooded lots allow for 105 feet of tree removal from the ROW back into the lot. Lots 3 and 5 show about 105 to 115 feet of clearing. All other lots, 1,2,4,6-10, range in clearing limits from 115 to 140 feet while using a five-foot front variance to reduce clearing. If the applicant could show tree preservation that meets ordinance standards, staff would support the variance, but the grading as shown still removes more trees than the minimum standards. WETLANDS Existing Wetlands Wetland determinations that occur outside the growing season leave many unanswered questions about hydrology and vegetation that can only be addressed by conducting a wetland delineation dming the growing season. The applicant has submitted a preliminary determination on the approximate extent and location of the wetlands on site. A wetland delineation report illustrating wetland type, boundary and vegetation should be submitted prior to final plat approval. Areas of the preliminary wetland determination that require further investigation include: a low area within Lots 9 and 10, Block 3 that may satisfy the requirements for a jurisdictional wetland, and the preliminary northern wetland boundary of Wetland C. Wetland A is a natural, Type 7 wetland located in the northwest corner of the property. The wetland vegetation and boundaries are undetermined at this time. The applicant is proposing to fill wetland A for the creation of a public roadway and a stormwater pond. The estimated total proposed impact to wetland A is 3,843 square feet (0.09 acres). Wetland B is a natural, Type 3/5/7 wetland located in the southwest area of the property. The wetland vegetation and boundaries are undetermined at this time. The applicant is not proposing any modifications to wetland B. Wetland C is a natural, Type 2/3/7 wetland located in the southeastern area of the property. The wetland vegetation and boundaries are undetermined at this time. The applicant is proposing three fill areas and two creation areas for wetland C. Filling activities are proposed to allow for road construction. The estimated total proposed impact to the wetland includes 12,269 square feet (0.28 acres) of fill at Location C-1, 1,301 square feet (0.03 acres) at location C-2 and 2,914 square feet (0.07 acres) of fill at C-3. Wetland D is an ag/urban, Type 3 wetland located in the northeastern corner of the property. The wetland vegetation and boundaries are undetermined at this time. The applicant is not proposing impacts to wetland D. Wetland E is a natural, Type 2/3/7 wetland located in the north-central area ofthe property. The wetland vegetation and boundaties are undetermined at this time. The applicant is proposing two filling activities for the construction of public streets. The total proposed impacts to wetland E include 9,145 square feet (0.19 acres) at location E-l, and 2,950 square feet (0.07 acres) at location E-2. Lake Han-ison Planning Case No. 05-14 Aptil19,2005 Page 5 Wetland F is a natural, Type 3 wetland located in the central portion ofthe property. The wetland vegetation and boundaries are undetermined at this time. The applicant is proposing to fill the entire wetland for an estimated total of 5,665 square feet (0.13 acres) to accommodate additional housing pads. Wetland G is a natural, Type 3 wetland located in the west central part of the property. The wetland vegetation and boundaries are undetermined at this time. The applicant is proposing to fill the entire wetland for an estimated total of 13,331 square feet (0.31 acres) to accommodate additional housing pads. Wetland H is a natural, Type 3 wetland located in the north central part of the property. The wetland vegetation and boundaries are undetermined at this time. The applicant is not proposing any impacts to wetland H. Wetland Replacement The applicant must submit a Wetland Conservation Act (WCA) application illustrating two altematives that demonstrate proposed plans were sequenced in the following order of decreasing preference: 1) A voidance of wetland impact, 2) Minimization of wetland impacts, 3) Rectification of wetland impacts and 4) Mitigation of wetland impacts. The applicant should not impact basins A, G and F until it is demonstrated that these impacts have met the above sequencing requirements. Wetland replacement must occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The plans should show fixed photo monitoring points for the replacement wetlands. A five-year wetland replacement monitoring plan should be submitted yearly beginning one growing season after the wetland is created. The applicant should provide proof of recording a Declaration of Restrictions and Covenants for Replacement Wetland. The applicant shall secure City approval of a wetland replacement plan prior to any wetland impacts occurring. Total wetland filling activities for the proposed project includes 51,418 square feet (1.18 acres) of wetland fill. Total proposed New Wetland Credit (NWC) of 16,019 square feet (0.37 acres) is proposed. Total proposed Public Value Credit (PVC) is 17,800 square feet (0.41 acres). Current proposed plans have not satisfied the minimum replacement requirements of replacing impacted wetlands at a 2: 1 ratio. All impacts, including the filling of wetlands and conversion of wetlands into stormwater pond, must be mitigated with the proposed project. Applicant must demonstrate and document how replacement will be satisfied to ensure the 2: 1 replacement ratio for all impacted wetlands. Cun-ently, the proposed replacement plan is deficient 69,017 square feet (1.58 acres) of wetland mitigation. A wetland buffer minimum of 20 feet must be maintained around wetlands A, B, C, E, F, and H must be maintained around the wetlands. A minimum wetland buffer of 16.5 feet must be maintained around wetland D and any mitigation areas. Buffers to be considered for PVC must be a minimum of 16.5 feet. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge Lake Han-ison Planning Case No. 05-14 Apli119,2005 Page 6 signs, under the direction of City staff before construction begins and must pay the City $20 per slgn. Building setbacks of 40 feet from the wetland buffer strips must be maintained for all proposed building pads. Lot 3, Block 3 and Lot 11, Block 3 should be revised to meet building setback requirements. Lots 11-15, Block 3 and Lot 10, Block 2 should be revised to incorporate all of wetland B into Outlot C. LAKES The proposed project is within 1,000 feet of Lake Harrison and therefore within the lake's Shoreland Management District. Lake Harrison is classified as a natural environment lake by both the DNR and Chanhassen City Code. The OHW of Lake Harrison has not yet been established by the DNR. DNR has been notified about the proposed subdivision and a request for an OHW detelmination has been submitted. DNR anticipates an OHW determination will be made in 1-2 months. The OHW determination should be completed prior to final plat approval. All plans should illustrate Lake Harrison's OHW and a 150-foot structure setback from the OHW. The minimum lot size for non-riparian lots within the shoreland management zone is 90 feet wide with 15,000 square feet. The minimum lot size for riparian lots within the shoreland management zone is 125 feet wide with 40,000 square feet. BLUFFS One area on the property has been identified as a bluff (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe). This area 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 the bluff). The applicant has located two lots on the western bluff and is requesting variances to build homes on Lots 11 and 12. Staff strongly recommends denial of the variances. Construction activities, location of structures and future use of the area by the property owners will have lasting, detrimental effects on the bluff and the wetland, Lake Harrison below. It is in the best interest of the public good that the bluff be preserved as required by ordinance to protect the environmental and water quality of the site. PARKS AND RECREATION Comprehensive Park Plan The proposed Lake Harrison development is located within an area that is outside the municipal park service boundaries of Pheasant Hill Park, Herman Field Park and Sugarbush Park. The Parks and Recreation Commission will be reviewing the proposed development on April 26, 2005 to make a recommendation regarding including a public park in the development. Lake Hanison Planning Case No. 05-14 April 19, 2005 Page 7 However, due to the alignment of the road which cuts in to the upland portion of Outlot A, and the inclusion of a water treatment plant, the area for a public park is minimized. If the land is not dedicated for park purposes, then the development shall pay full park fees in force at the time of final plat approval. Parks fees for 2005 are $4,000.00 for each new single- family lot. Comprehensive Trail Plan The site does not contain any portion of the City's trail plan. A sidewalk or trail connection to the trails in Galpin Boulevard and Lake Lucy Road is proposed as part of the development. GRADING. DRAINAGE AND EROSION CONTROL The existing site is about 62 acres in size and contains eight existing wetlands. The site also contains groves of significant trees, along with an existing homesite which will remain. Site elevations range from a high of 1084 in the southwest to a low of 970 in the southeast. The applicant is proposing to grade about 50% of the site for 39 new housepads, three public streets, a private street, and three stormwater ponds. With the vast amount of vertical site relief previously mentioned, the property is a challenging one to grade. There are a few areas of concern with the grading that staff would like to mention. The proposed grading for Lots 4-6, Block 3 needs to be revised to prevent the garage elevation of Lot 4 from being lower than the street. Additionally, the garage elevations of Lots 5 and 6 need to be at least 1.5 feet higher than the emergency overflow for the street. Next, there are a few locations where the proposed street grades are slightly higher (approximately 8%) than the maximum street grade allowed of 7%. Staff believes that with a few minor street elevation changes C±I'), the street grades can be easily revised to meet the 7% requirement. These revisions will not severely impact the wooded areas on the site. As such, staff is not in favor of the street grade variance. Finally, the grading for Lots 11 and 12, Block 1 needs to be revised. The proposal includes a private street to access Lots 11 and 12 with retaining walls along each side. The private street is being "cut-in" through an existing bluff area and the retaining walls are proposed to "hold back" the earth on each side of the street. This provides a tunnel-like access to Lot 12. Usually, when private streets are proposed, the grading is minimized versus the grading required for a public street. Staff does not believe this is the case with the cunent proposal. In conclusion, because there is no public street option shown, there is proposed grading in the bluff, and proposed retaining wall structures within the bluff structure setback, staff is recommending that Lot 12 be deleted and the southwest property corner be preserved. The existing site drains to three main wetlands within the southwest, central, and northeast portions of the site. The proposed grading plan has been designed to match the existing drainage patterns fairly well. The western half of the developed site drains to a proposed pond in the northwest corner of the site. The remainder of the eastern portion of the site will drain to a pond in the northeast corner of the site. Each of the ponds will treat the water before discharging it to a adjacent wetlands. All of the ponds are required to be designed to National Urban Runoff Program (NURP) standards with maximum 3:1 slopes and a 10:1 bench at the NWL. Lake HalTison Planning Case No. 05-14 April 19,2005 Page 8 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. Erosion control measures and site restoration must be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends that the City's Type II erosion control fence, which is a heavy-duty silt fence, be used for the area adjacent to the existing wetlands. Type I silt fence shall be used in all other areas. In addition, tree preservation fencing must be installed at the limits of tree removal. Erosion control blankets are recommended for all of the steep 3: 1 slopes with an elevation change of eight feet or more. 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. The applicant should also be aware that any retaining wall over 4 feet in height must be designed by a Structural Engineer registered in the State of Minnesota. Also, it will require a building permit from the Building Department. Storm Water Management The proposed development is required to maintain existing runoff rates. Storm water calculation should be submitted to ensure the proposed stormwater ponding is sized adequately for the proposed development. Easements Drainage and Utility easements should be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and stormwater ponds. Erosion Control MN DOT category 3 erosion blanket and seed should be applied to exposed creek slopes near / around road crossing within 24 hours of temporary / final grade. Riprap, appropriately sized, should be installed at flared end outlets for energy dissipation with underlying gravel base or geotextile fabric. All emergency over flow structures should be stabilized with riprap and geotextile or permanent turf re-enforcement blankets. Erosion and sediment controls are needed for the planned sanitary sewer crossing for Wetland A area. Silt fence, mulch and wetland seed is recommended for restoration. All 3: 1 slopes need category 3 erosion blanket applied. Pond 1 does not appear to have an outlet planned; an outlet meeting NPDES water quality discharge requirements is needed. Lake Harrison Planning Case No. 05-14 Aplil 19, 2005 Page 9 Sediment Control Following stormwater inlet installation Wimco-type (or equal) inlet sediment controls should be installed and regularly maintained; detail needed. Following street and utility installation, Chanhassen-specification Type-l silt fence or other approved perimeter sediment control is needed for all positive slopes curbside. The rock exit pad is a high-maintenance control. Multiple applications of rock will likely be needed. Geotextile fabric installed under the rock helps promote the controls effecti veness and lifespan. Chanhassen type 2 heavy duty silt fence with straw / hay bale re-enforcement is needed for all silt fences adjacent to wetland and creek areas. Chanhassen type 1 silt fence is needed at the OHW elevation of stormwater basins following permanent outlet installation. "Inlet Sediment Filter" detail should be altered to show a rock berm (1 Yz -inch rock, 2 feet wide and 1 foot high along the outside of the silt fence. Only metal t-posts should be used, not wood stakes. 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 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 conveyanc'e 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. Stormwater Pollution Prevention Program (SWPPP) All development phases should be represented in the SWPPP (clearing and grubbing, mass grading, large utilities, small utilities, home building, along with any special requirement such as wetland or creek crossing areas). Creek / Wetland Protection Construction phasing of the road is needed for the wetland/creek crossing. On March 31, 2005, the area of the crossing had flowing water through the culvert. Due to these potential concentrated flows, a creek crossing plan is needed and should be outlined in the SWPPP and a detail is needed. It is recommended to dam the creek and pump the water around the crossing area dming construction. Stabilization of the crossing area is needed within 24 hours following temporary or final grade. It is recommended to cross the stream and phase the area in as final grade immediately. Silt fence in this area is not the correct use of silt fence as a sediment Lake Harrison Planning Case No. 05-14 April 19, 2005 Page 10 control. The silt fence should be wrapped up and around the culvert leaving the wetted perimeter free of silt fence. Soil should be prevented from entering the waters of the state. 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 per acre. Based on the proposed developed area of approximately 37.71 acres, the water quality fees associated with this project are $41,217.03. 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 $102,005.55 for the proposed development. SWMP Credits This project proposes the construction of three NURP ponds and the provision of three outlet structures. The applicant will be given a credit for on-site storm water quality improvements that are designed to treat runoff from the proposed subdivision to NURP standards. The credit will be calculated using the following formula: The per acre water quality connection charge will be multiplied by the on-site drainage area for water quality treatment facilities. This value will then be multiplied by 50%. The subdivision will also be given a credit for on-site storm water quality improvements that are oversized to treat runoff from property outside the subdivision to NURP standards. The credit will be calculated using the following formula: The per acre water quality connection charge will be multiplied by the off-site drainage area for water quality treatment facilities. This value will then be multiplied by 50%. Credit will not be granted if the storm water from contributing off-site areas is already treated to NURP standards. The water quality connection charges that correspond to the land uses that contribute to the storm water ponds will be used to calculate credits. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $135,285.38. 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)) and comply with their conditions of approval. Lake Han-ison Planning Case No. 05-14 April 19, 2005 Page 11 UTILITIES CUlTently, public sanitary sewer and watermain are available to the parcel. The plans propo"se on connecting to the Met Council Interceptor sewer line that runs through the parcel and extending it to serve the site. Also, the applicant is proposing to connect to the watermain in Lake Lucy Road, loop it through the site, and connect with the existing mains in Galpin Boulevard and Highover Trail. Staff is recommending that the watermain be looped through to Manchester Drive versus Galpin Boulevard. This is because the existing watermain in Galpin Boulevard is on a lower pressure zone than the other mains that will be installed. A minimum 20-foot wide easement will be required over the public utility lines that are outside of the right-of-way. Installation of the private service utilities for the site will require permits and inspections through the City's Building Department. The City is cUlTently in discussions with the developer on the possible purchase of a portion of Outlot A in the northeast for a future water treatment plant site. This second water treatment plant would treat the water from the City's western wells which can't be treated by the eastern treatment plant that is cUlTently being designed. A neighborhood meeting will be held on Thursday, April 14, 2005 to provide information to the neighboring residents on the second treatment plant. The land acquisition for the second water treatment plant was scheduled for 2005 in the City's cun-ent 5-year Capital Improvement Program (CIP). With the development of this parcel, staff is recommending that a raw water transmission main be extended through the site for future connection to the City's second water treatment plant. This watermain would run along the western property line, going north to the Well No.7 property just east of Outlot D. The transmission main would then stay in the right-of-way and run east to the treatment plan site. No service connections would come off of this transmission main since the raw water in the pipe will be untreated/unchlorinated prior to connecting to the treatment plant. Because this is a system wide improvement, the construction cost for the raw watermain will be paid by the City from the water portion of the Utility Fund. The developer will be required to provide public drainage and utility easements over the transmission main and to install the pipe as a patt of the utility construction. According to the City's Finance Department records, the parcel was previously assessed for one sanitary sewer and watermain unit and those assessments have been paid. Since the applicant is now proposing more units (39) than what the property has been assessed for, the additional 38 units (39-1=38) will be charged a sanitary sewer and watermain lateral connection charge. Connection fees are in lieu of assessments which are absorbed by the City instead of being levied at the time of construction. The 2005 lateral connection charge for sanitary sewer or water is $5,118 per unit. Based on the CUlTent rate, the total amount due payable to the City for the additional 38 units would be $194,484 (38 @ $5,118) for sanitary and $194,484 for water. The combined total for both sanitary and water would then be $388,968. These charges are due at the time of final plat recording. In addition, each newly created lot will be subject to City sanitary sewer and water hook up charges at the time of building permit issuance. The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building Lake Han-ison Planning Case No. 05-14 April 19, 2005 Page 12 permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. Permits from the appropriate regulatory agencies will be required, including the MPCA, Dept. of Health, Met Council, Carver County, and Watershed District. STREETS Overall, the proposed streets layout appears to work well. The plans show a main street accessing off Lake Lucy Road from the north and ending in a cul-de-sac in the south-central portion of the site. Another public street is proposed to tee off the main street and connect at Galpin Boulevard. Both Galpin Boulevard and Lake Lucy Road are classified as collector streets within the City Code and Comprehensive Plan. As such, staff expects each of the roads to adequately handle the traffic from the development. Also, the plans show the public street extension of Highover Trail from the west to the north and a proposed private drive to the south off of Highover Trail. The applicant must be aware that any private streets must be built to 7-ton design and enclosed within a 30-foot private easement. The developer will have to provide inspection or soil reports certifying that the street was built to the 7-ton requirement. Sidewalks are proposed on at least one side of all of the public streets. As with past developments that access off of Galpin Boulevard, a right-turn lane into the site will be required to be constructed. The turn lane must meet Carver County design requirements. ~taff is €llrr€Htlj' €':aIMatiHg th€ fl0ssiÈJilitj' @f a rêag'.'.'ay aligHm€Rt Œ':ÍsÏ€m f€¡r this €h,r:€l@flm€Ht. ~fI€@ifi€allj', the: re:':isi0H ';,'0ld€l e:Hhtil enteH€liHg th@ maiH sweet frøm Lake Lll€j' Røa€l, thnmgh the: aFga €If flr0f1øs€€l L€!t 5, Rl€!€l: 3, @F€!ssiRg '},T€thm€l C, aR€l g€ŒReêt-iRg it 10 Ga11'JÍH Bøllle'.'ar€l. This ':,'@lllà @limiHate the: ':.'€tlaH€l EJr0ssiHg as shEJ':,'H Em th€ filaR aR€l all€!~:: thEJ t€€ stre:e:t ',','high a€EJess€s Løts 1 3, Blø€k :3 18 13egøme a e:lll €l€ sa@ aR€l, fI@ssi13lj', a flY-Í','ate: str€EJt. ~taffs reas0HiHg 1@r this røa€l aligJlme:Rt F€'.'Ísi€Œ is 1€1 EJlimiHat@ the €l0se flr€mimitj' €If tfiEJ flr0f10se€l rêa€l t€! the flltllrEJ slEJ€l€liHg hill iH tl=lEJ flrêfl€ISe€l flll131i€ flarl:.'tf€atmEJHt fllaHt ar€a. ~taff kas asb3€l th€ €le'.',ÛEJflEJr aH€l tkeir lmgiHEJ€r tEJ l€!0lc at th€ €ff€¡g1s €If tfiis rø'.'Ísi€Œ t@ tkEJir flf@fI€Jsal. ~taff h€IfI€S to ka','e a€l€liti€!Hal iHførmati€!H t€! fln.~seHt øH this rêag'::aj' rø'.'Ísi0H at the fJll13IÜs heariHg 0H AfJY-ÍIIÇ1,2005. Lake Harrison Planning Case No. 05-14 April 19, 2005 Page 13 COMPLIANCE TABLE Area (sq. ft.) Frontage (ft.) Depth (ft.) Setbacks: front, side, rear, wetland buffer, Lake, bluff (ft.) Code 15,000 (40,000 on 90,100 private 125 30,10,30,40, Lake Harrison) street, 125 150,30 riparian L I,B 1 24,619 236 155 30, 10, 30, na, na, na L 2, B 1 * 14,502 * 105 152 30,10,20, na, na, na L 3, B 1 * 25,650 55 * 155 30, 10, 30, na, na, na L4,B 1 21,352 62@ 174 30, 10, 30, na, na, na L5Bl 34,241 62@ 202 30, 10, 30, 40, na, na L6,B 1 24,302 98 234 30, 10, 30,40, na, na L7Bl 23,374 93 253 30, 10, na, 40, na, na L8Bl 30,615 80 @ 261 30, 10, 30, 40, na, na L9Bl 33,802 76@ 241 30, 10, 30,40, na, na L 10, B 1 31,711 115 196 30, 10, 30, na, na, na LllBl 62,896 168 345 30, 10, 30, na, 150,30 # L 12 B 1 159,357 444 349 30, 10, 30, 40, na, 30# LIB2 29,990 194 132 30 #, 10, na, 40, na,na L2,B2 16,190 135 175 30 #, 10, na, 40, na,na L3B2 17,101 98 174 30 #, 10, na, 40, na,na L4B2 19,287 121 215 30 #, 10, na, 40, L5B2 20,452 123 243 30 #, 10, na, 40, na,na L6B2 26,116 91 234 30 #, 10, na, 40, na,na Lake HatTÍson Planning Case No. 05-14 April 19, 2005 Page 14 Area (sq. ft.) Frontage (ft.) Depth (ft.) Setbacks: front, side, rear, wetland buffer, Lake, bluff (ft.) Code 15,000 (40,000 on 90,100 private 125 30, 10, 30, 40, Lake Harrison) street, 125 150,30 riparian L7B2 28,338 112 220 30 #, 10, na, 40, na,na L8B2 28,158 136 229 30 #, 10, na, 40, na,na L9B2 22,938 94 244 30 #, 10, na, 40, na,na LlOB2 29,356 114 257 30, 10, 30, 40, na, na LIB3 16,824 113 153 30, 10, na, na, na, na L2B3 16,433 112 146 30, 10,30, na, na, na L3B3 16,431 118 139 30, 10, 30, 40, na, na L4B3 28,284 131 296 30, 10, na, 40, na, na L5B3 43,860 61 @ 262 30, 10, na, 40, na, na L6B3 43,873 57 @ 238 30, 10, na, 40, na, na L7B3 22,646 57 @ 186 30, 10,30, na, na, na L8B3 19,348 106 182 30, 10, 30, na, na, na L9B3 30,014 91 246 30, 10, 30, na, 150,na LlOB3* 29,944 * 117* 228 30,10, na, na, 150,na LllB3* 23,097 * 120 * 206 30, 10, na, na, 150,na L 12 B 3 * 36,576 * 130 277 30, 10, na, na, 150,na L13B3 62,142 180 320 30, 10, na, na, 150,na L 14 B 3 * 44,338 124 * 360 30, 10, na, na, 150,na L 15 B 3 32,013 99 324 30, 10, na, na, 150,na Lake Harr"ÌSon Planning Case No. 05-14 April 19, 2005 Page 15 Area (sq. ft.) Frontage (ft.) Depth (ft.) Setbacks: front, side, rear, wetland buffer, Lake, bluff (ft.) Code 15,000 (40,000 on 90, 100 private 125 30, 10,30,40, Lake Harrison) street, 125 150,30 riparian L 16 B 3 26,469 104 264 30, 10, na, na, 150,na L17B3 53,902 168 296 30, 10, 30, 40, 150,na Outlot A 522,524 Outlot B 226,079 Outlot C 266,814 Outlot D 6,003 ROW 271,214 Total 2,701,591 * Lot must be revised to meet minimum standard. @ Meets the 90 foot lot width at the 30 foot building setback line # Setback variance required RECOMMENDATION Staff recommends that the PhmRiRg Cs:mmÏ88iêJR City Council adopt the following four motions A- D: A. "The PhmNiRg C€lmrni88iêJR f@8€1mffl8R88 ~~f@':al sf City Council approves the Rezoning of the prope11y from RR, Rural Residential, to RSF, Single Family Residential District based on the findings of fact attached to this report." B. "The PlaNNiNg C€lmmÍ88i€lR f88€1IDI¥HsN88 ~~r8':al sf City Council approves the preliminary plat (Subdivision) to create ~ 40 single-family lots, four outlots and public right-of-way with ~ approval of a variance for a private street and street grade, plans prepared by Westwood Professional Services, Inc. dated 03/18/05, based on the findings of fact attached to this report, subject to the following conditions: 1. The lot area for Lot 2, Block 1, shall be increased to a minimum of 15,000 square feet. 2. The lot frontage for Lot 3, Block 1, must meet the 90 feet standard at the building setback line. 3. Lots 10, 11 and 12, Block 3, must be reconfigured to meet the minimum standards. TRi8 '::ill re8ldt iN tke elimiRatioN €If €IRe l€lt. Lake Harrison Planning Case No. 05-14 April 19, 2005 Page 16 4. The lot frontage for Lot 14, Block 3, must meet the 125 minimum lot width if it is a lake shore lot. 5. Lot 12, Block 3, contains a swimming pool and shall not be platted as a separate lot ~ until the pool is removed or the platting of the lot is concurrent with an application for a building permit for a principal dwelling on the lot. 6. Prior to final plat approval, the developer shall verify that acceptable building pads can be accommodated on all lots that have lake setbacks. 7. If the hUHl Lot 1, Block 4, is not dedicated for park purposes, then the development shall pay full park fees in force at the time of final plat approval. 8. Building Official Conditions: a. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued. b. Demolition permits must be obtained prior to demolishing any structures on the site. c. The developer must submit a list of proposed street names for review and approval prior to final plat of the property. d. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. e. Separate sewer and water services must be provided each lot. f. Existing wells and on-site sewage treatment systems on the site but be abandoned in accordance with State Law and City Code and the existing home must be connected to city sewer service when available. g. The swimming pool adjacent to the existing residence must be protected by a fence in accordance with City Code. h. The developer must coordinate the address change of the existing home with the construction of the development and provide access for emergency vehicles at all times. 9. A wetland delineation report illustrating wetland type, boundary and vegetation shall be submitted plior to final plat approval. 10. The applicant shall submit a Wetland Conservation Act (WCA) application illustrating two alternatives that demonstrate proposed plans were sequenced in the following order of decreasing preference: 1) A voidance of wetland impact, 2) Minimization of wetland impacts, 3) Rectification of wetland impacts and 4) Mitigation of wetland impacts. The applicant shall not impact basins A, G and F until it is demonstrated that these impacts have met the above sequencing requirements. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The plans shall show fixed photo monitoring points for the replacement wetlands. A five-year wetland replacement monitoring plan shall be submitted yearly beginning one growing season after the wetland is created. The applicant shall provide proof of recording a Declaration of Restrictions and Covenants for Replacement Wetland. The applicant shall secure City approval of a wetland replacement plan prior to any wetland impacts occurring. Lake Harr-ison Planning Case No. 05-14 April 19, 2005 Page 17 11. All impacts, including the filling of wetlands and conversion of wetlands into storm water pond, shall be mitigated with the proposed project. The applicant shall demonstrate and document how replacement will be satisfied to ensure the 2: 1 replacement ratio for all impacted wetlands. 12. A wetland buffer with a minimum width of 20 feet shall be maintained around Wetlands A, B, C, E, F, G and H. A wetland buffer with a minimum width of 16.5 feet shall be maintained around Wetland D and any wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff before construction begins and shall pay the City $20 per sign. 13. Building setbacks of 40 feet from the wetland buffer strips shall be maintained for all proposed building pads. Lot 3, Block 3 and Lot 11, Block 3 shall be revised to meet building setback requirements. 14. Lots 11-15 Block 3 and Lot 10 Block 2 shall be revised to incorporate all of wetland B into Outlot C. 15. The OHW determination shall be completed prior to final plat approval. All plans shall illustrate Lake Harrison's OHW and a 150 foot structure setback from the OHW. 16. All non-riparian lots within the shoreland management zone shall be no less than 90 feet wide with 15,000 square feet of lot area. All riparian lots within the shoreland management zone shall be no less than 125 feet wide with 40,000 square feet of lot area. 17. The bluff area on the property shall be preserved. 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 the bluff). 18. The proposed development shall maintain existing runoff rates. Storm water calculations shall be submitted to ensure the proposed storm water ponding is sized adequately for the proposed development. 19. Drainage and utility easements shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. 20. MN DOT category 3 erosion blanket and seed shall be applied to exposed creek slopes near/around road crossing within 24 hours of temporary/final grade. Riprap, appropriately sized, shall be installed at flared end outlets for energy dissipation with underlying gravel base or geotextile fablic. All emergency over flow structures shall be stabilized with riprap and geotextile or permanent turf re-enforcement blankets. Erosion and sediment controls shall be installed for the planned sanitary sewer crossing for Wetland A area. Silt fence, mulch and wetland seed shall be used for restoration. All 3:1 slopes shall be covered with Lake Harrison Planning Case No. 05-14 April 19, 2005 Page 18 category 3 erosion blanket. An outlet meeting NPDES water quality discharge requirements is needed on Pond 1. 21. Following storm water inlet installation Wimco-type (or equal) inlet sediment controls shall be installed and regularly maintained. A detail for the inlet sediment controls shall be provided. 22. Following street and utility installation, Chanhassen-specification Type-1 silt fence or other approved perimeter sediment control shall be installed for all positive slopes curbside. 23. Geotextile fabric shall be installed under the rock to promote effectiveness and lifespan of the rock construction entrance. 24. Chanhassen type 2 heavy duty silt fence with straw/hay bale re-enforcement shall be provided for all silt fences adjacent to wetland and creek areas. Chanhassen type 1 silt fence shall be installed at the OHW elevation of storm water basins following permanent outlet installation. 25. The "Inlet Sediment Filter" detail shall be altered to show a rock berm (111z -inch rock, 2 feet wide and 1 foot high along the outside of the silt fence. Only metal t-posts shall be used, not wood stakes. 26. Silt fence shall be installed between wetland impact areas and the remaining wetland. 27. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3: 1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 28. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. 29. All development phases shall be represented in the SWPPP (clear and grubbing, mass grading, large utilities, small utilities, home building, along with any special requirement such as wetland or creek crossing areas). 30. Construction phasing of the road shall be provided for the wetland/creek crossing. Due to potential concentrated flows, a creek crossing plan shall be developed and outlined in the Lake Hanison Planning Case No. 05-14 April 19, 2005 Page 19 SWPPP. A detail shall also be provided. Stabilization ofthe crossing area shall be provided within 24 hours following temporary or final grade. The silt fence shall be wrapped up and around the culvert leaving the wetted perimeter free of silt fence. Soil shall be prevented from entering the waters of the state. 31. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $135,285.38. 32. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Department of Health, Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering), Carver County, Met Council) and comply with their conditions of approval. 33. Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall be in place and maintained until all construction is completed. In no areas shall the fencing be placed within the bluff impact zone. 34. Any trees removed in excess of proposed tree preservation plans, dated 3/18/05, will be replaced at a ratio of 2: 1 diameter inches. 35. A total of 319 trees are to be planted. The number of overstory, deciduous trees, as shown on landscape plans dated 3/18/05, required in the front yard of each lot are as follows: Lot, Block Number of trees required Lot 1, blk 1 5 Lot 2, blk 1 2 Lot 3, blk 1 1 Lot 4, blk 1 1 Lot 5, blk 1 1 Lot 6, blk 1 2 Lot 7, blk 1 2 Lot 8, blk 1 2 Lot 9, blk 1 1 Lot 10, blk 1 2 Lot 11, blkl None - existing front yard trees to be preserved Lot 12, blk 1 None - existing front yard trees to be preserved Lot 1, blk 2 4 Lot 2, blk 2 3 Lot 3, blk 2 2 Lot 4, blk 2 2 Lot 5, blk 2 3 Lot 6, blk 2 1 Lake Harrison Planning Case No. 05-14 April 19,2005 Page 20 Lot, Block Number of trees required Lot 7, blk 2 3 Lot 8, blk 2 2 Lot 9, blk 2 2 Lot 10, blk 2 7 Lot 1, blk 3 5 Lot 2, blk 3 2 Lot 3, blk 3 2 Lot 4, blk 3 3 Lot 5, blk 3 1 Lot 6, blk 3 1 Lot 7, blk 3 1 Lot 8, blk 3 2 Lot 9, blk 3 2 Lot 10, blk 3 3 Lot 11, blk 3 2 Lot 12, blk 3 3 Lot 13, blk 3 3 Lot 14, blk 3 3 Lot 15, blk 3 2 Lot 16, blk 3 1 Lot 17, blk 3 None - existing front yard trees to be preserved 36. The developer shall be responsible for planting any trees in side or rear yards as shown on the landscape plan dated 3/18/05. 37. Any plivate street is required to have 20-foot wide paved streets from back-of-curb to back-of- curb, be built to a 7-ton design, have a maximum slope of 10%, and contained within a 30-foot wide ptivate easement. At the completion of the project, the developer will be required to submit inspection/soil reports certifying that the private street was built to a 7 -ton design. 38. If imp011ing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes and traffic control plans. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. 39. All of the ponds are required to be designed to National Urban Runoff Program (NURP) standards with maximum 3:1 slopes and a 10:1 bench at the NWL. 40. Any retaining wall over 4 feet in height must be designed by a Structural Engineer registered in the State of Minnesota with an approved fence. Also, it will require a building permit from the Building Department. Lake Harrison Planning Case No. 05-14 April 19,2005 Page 21 41. Prior to final platting, storm sewer design data will need to be submitted for staff review. Depending on the size of the drainage area, additional catch basins may be required at that time. The storm sewer will have to be designed for a lO-year, 24-hour storm event. Drainage and utility easements will need to be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, emergency overflows, access routes for maintenance, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. Emergency overflows from all stormwater ponds will also be required on the construction plans. 42. Erosion control measures and site restoration must be developed in accordance with the City's Best Management Practice Handbook (BMPH). Staff recommends that the City's Type II erosion control fence, which is a heavy-duty silt fence, be used for the area adjacent to the existing wetlands. Type I silt fence shall be used in all other areas. In addition, tree preservation fencing must be installed at the limits of tree removal. Erosion control blankets are recommended for all of the steep 3: 1 slopes with an elevation change of eight feet or more. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. 43. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. The applicant must be aware that all public utility improvements will require a preconstruction meeting before building permit issuance. 44. The sanitary sewer and water hookup charges will be applicable for each of the new lots. The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. Sanitary sewer and watelmain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 45. The applicant shall include a drain tile system behind the curbs to convey sump pump discharge from homes not adjacent to ponds. 46. All plans must be signed by a registered engineer in the State of Minnesota. 47. Maximum 3: 1 side slopes are allowed without the use of a retaining wall. 48. On the preliminary plat sheet show the street right-of-way for the cul-de-sacs. 49. Minimum 20-foot wide public drainage and utility easements will be required over the sanitary sewer and watermain that is outside of the right-of-way. 50. On the grading plan: a. Show the benchmark. Lake Hanison Planning Case No. 05-14 April 19, 2005 Page 22 b. Add a note to remove all existing approaches. c. Show the retaining walls top and bottom elevations. d. Revise the street grades to comply with the 7% maximum requirement. e. Eliminate Pond 1 and bring the drainage to Pond 2. f. The proposed grading for Lots 4-6, Block 3 needs to be revised to prevent the garage elevation of Lot 4 from being lower than the street. g. The garage elevations of Lots 5 and 6 need to be at least 1.5 feet higher than the emergency overflow for the street. h. Install a culvelt under the proposed street connection at Galpin Boulevard. 1. Show the 1036 contour around the housepad of Lot 2, Block 1. J. Show the proposed storm sewer on the plan. 51. Label the existing and proposed street names on all plan sheets. 52. On the utility plan: a. Revise the note to say" All storm pipe shall be Class 5. . . ". b. Show all existing utilities, pipe type and manhole rim/inverts within Lake Lucy Road, Galpin Boulevard, Highover Trail and Manchester Drive. c. Revise the location of the downstream sanitary sewer from MH-15 so it goes between Lots 4 and 5 versus Lots 5 and 6, Block 1. d. Show all utility and storm ponds easements. e. Sanitary service must be 6-inch PVC and water service I-inch copper type K. f. The watermain must be looped through to Manchester Drive versus Galpin Boulevard. 53. Staff is recommending that a raw water transmission main be extended through the site for future connection to the City's second water treatment plant. The construction cost for the raw watermain will be paid by the City from the water portion of the Utility Fund. The developer will be required to provide public drainage and utility easements over the transmission main and to install the pipe as a part of the utility construction. 54. Since the applicant is now proposing more units (39) than what the property has been assessed for, the additional 38 units (39-1=38) will be charged a sanitary sewer and watermain lateral connection charge. These charges are due at the time of final plat recording. 55. As with past developments that access off of Galpin Boulevard, a right-turn lane into the site will be required to be constructed. The turn lane must meet Carver County design requirements. 56. 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 hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 57. Two additional fire hydrants are required. I had discussion with Assistant City Engineer Matt Saam as to their location. Lake Han-ison Planning Case No. 05-14 Aplil19,2005 Page 23 58. 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. 59. Temporary street signs shall be installed on each street intersection when construction of the new roadway allows passage by vehicles. Pursuant to 2002 Minnesota Fire Code Section 501.4. 60. No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 61. Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. 62. Create a Lot 1, ~ Block 4, on the eastern portion of Outlot A, east of wetland E. 63. The private street cul-de-sac shall be moved back from Lot 12, Block 1 to Lot 11, Block I." C. ''The Plaßßißg Onmrussi8ß !'@€)8IDm€RaS denialappro,'al 8f City Council approves the front yard variance for Block 2 and denies the bluff setback variance@; based on the findings of fact attached to this report." D. "The Plaßßißg C8mmissi€m !'@€)8IDm8ßd8 &fJfJrw:al 8f City Council approves the wetland alteration permit to fill and alter wetlands on site subject to the following conditions: 1. The wetland alteration permit is contingent on final plat approval for Lake Harrison. 2. A wetland delineation report illustrating wetland type, boundary and vegetation shall be submitted prior to final plat approval. 3. The applicant shall submit a Wetland Conservation Act (WCA) application illustrating two alternati ves that demonstrate proposed plans were sequenced in the following order of decreasing preference: 1) Avoidance of wetland impact, 2) Minimization of wetland impacts, 3) Rectification of wetland impacts and 4) Mitigation of wetland impacts. The applicant shall not impact basins A, G and F until it is demonstrated that these impacts have met the above sequencing requirements. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420). The plans shall show fixed photo monitoring points for the replacement wetlands. A five-year wetland replacement monitoring plan shall be submitted yearly beginning one growing season after the wetland is created. The applicant shall provide proof of recording a Declaration of Restrictions and Covenants for Replacement Wetland. The applicant shall secure City approval of a wetland replacement plan prior to any wetland impacts occurring. Lake Harrison Planning Case No. 05-14 April 19, 2005 Page 24 4. All impacts, including the filling of wetlands and conversion of wetlands into storm water pond, shall be mitigated with the proposed project. The applicant shall demonstrate and document how replacement will be satisfied to ensure the 2: 1 replacement ratio for all impacted wetlands. 5. A wetland buffer with a minimum width of 20 feet shall be maintained around Wetlands A, B, C, E, F, G and H. A wetland buffer with a minimum width of 16.5 feet shall be maintained around Wetland D and any wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff before construction begins and shall pay the City $20 per sign. 6. Building setbacks of 40 feet from the wetland buffer strips shall be maintained for all proposed building pads. Lot 3, Block 3 and Lot 11, Block 3 shall be revised to meet building setback requirements. 7. Lots 11-15 Block 3 and Lot 10 Block 2 shall be revised to incorporate all of wetland B into Outlot C. 8. Drainage and utility easements shall be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. 9. Erosion and sediment controls shall be installed for the planned sanitary sewer crossing for Wetland A area. Silt fence, mulch and wetland seed shall be used for restoration. All 3:1 slopes shall be covered with category 3 erosion blanket. 10. Chanhassen type 2 heavy duty silt fence with straw/hay bale re-enforcement shall be provided for all silt fences adjacent to wetland and creek areas. Chanhassen type 1 silt fence shall be installed at the OHW elevation of storm water basins following permanent outlet installation. 11. Silt fence shall be installed between wetland impact areas and the remaining wetland. 12. Construction phasing of the road shall be provided for the wetland/creek crossing. Due to potential concentrated flows, a creek crossing plan shall be developed and outlined in the SWPPP. A detail shall also be provided. Stabilization of the crossing area shall be provided within 24 hours following temporary or final grade. The silt fence shall be wrapped up and around the culvert leaving the wetted perimeter free of silt fence. Soil shall be prevented from entering the waters of the state. 13. 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)) and comply with their conditions of approval." Lake Harrison Planning Case No. 05-14 April 19, 2005 Page 25 ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Letter from Daniel J. Herbst and Daniel D. Cook to Mayor, City Council, Planning Commission and staff dated March 17, 2005. 4. Lake Harrison Requested Variances. 5. Lake Harrison - Lots 10 - 14 Upland/Wetland Calculations. 6. Reduced Copy Preliminary Plat. 7. Reduced Copy Preliminary Grading & Erosion Control Plan. 8. Reduced Copy Preliminary Utility Plan. 9. Reduced Copy Overall Tree Preservation Plan. 10. Reduced Copy Preliminary Landscape Plan. 11. Reduced Copy Preliminary Wetland Impacts & Replacement Plan. 12. Affidavit of Mailing Notice, Mailing Notice and Mailing List. g:\plan\2005 planning cases\05-l4Iake harrison (pemtom)\staffreport lake harrison.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Planning Case No. 05-14 Application of The Pemtom Land Company for Subdivision with Variances, Rezoning and Wetland Alteration Permit - Lake Harrison. On April 19, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of The Pemtom Land Company for preliminary plat approval with variances for street grades, private street and front yard and bluff setbacks, a rezoning of the property to Single- Family Residential District, RSF, and a wetland alteration permit. 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 Rural Residential District, RR. 2. The property is guided in the Land Use Plan for Residential- Low Density use. 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 consistent with the official City Comprehensive Plan. b. The proposed use is compatible with the present and future land uses of the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. e. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. 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 stonn water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, stonn drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e. The proposed subdivision will not cause excessive 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 stonn 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. In order to permit private streets, the city must find that the following conditions exist: a. The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. b. After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. c. The use of the private street will permit enhanced protection of the city's natural resources specifically bluffs and forested areas. 7. The city may grant a variance (street grade and private street) from the regulations contained within the Subdivision Ordinance as part of the plat approval process following a finding that all of the following conditions exist: a. The hardship is not a mere inconvenience. b. The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. d. The conditions upon which the request is based are unique and not generally applicable to other property. e. The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. 8. A variance (front yard setback) may be granted by the city if all of the following criteria are met: 2 a. The literal enforcement of the ordinance creates a hardship. For purposes of the definition of undue hardship, reasonable use includes a use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that in developed neighborhoods pre-existing standards exist. Variances that blend with these pre-existing standards without departing downward from them meet this criteria. b. The conditions upon which a petition for a variance is based are not applicable, generally, to other property within the same zoning classification. The proposed setback variance enhances wetland preservation. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land, but to facilitate wetland preservation. d. The hardship is not self-created by the developer, but due to the fact that the applicant is attempting to development within an area that is surrounded by wetlands. e. The variance if approved will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. f. The proposed variation will not impair an adequate supply of light and air to adjacent property. 9. Variance Findings - Bluff Setback a. The literal enforcement of the ordinance does not create% a hardship. Undue hardship means that the property cannot be put to reasonable use because of its size, physical surroundings, shape or topography. Reasonable use includes a use made by a majority of comparable property within 500 feet of it. The intent of this provision is not to allow a proliferation of variances, but to recognize that there are pre-existing standards in this neighborhood. Variances that blend with these pre- existing standards without departing downward from them meet this criteria. Lots 11 and 12 could be developed without encroaching in to the required bluff setback. b. The conditions upon which a petition for a variance is based are ft€!t applicable, generally, to other property within the same zoning classification. The proposed setback variance @OOafl@êJS tr@@ pœ8êJr':atÏêJft would permit encroachment in to a sensitive environmental area which the city has consistently attempted to protect. c. The purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land, but to facilitate development constrained by a bluff and a electrical transmission line cOlTidor easement. d. The hardship is ft€!t self-created by the developer., but àüg t€3 tli@ fagt that thg sitg is g€3IJ.8tfam@à 13:,' a l'Jlüff aflà a @lggtrigal traflsmi88i€3ft liftg g€31"fiàêr @a8i5m€H'it There are alternate ways of developing the area above the bluff without encroaching in to the bluff setback. e. The variance if approved will ~ be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located by potentially negatively impacting the bluff, its trees and the wetland below. f. The proposed variation will not impair an adequate supply oflight and air to adjacent property. 3 10. The planning report #05-14 dated April 19, 2005, prepared by Robert Generous, et aI, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Rezoning, Preliminary Plat with Variances for street grades, private street and the front yard setback variances for Block 3 and the Wetland Alteration Plan. The Planning Commission further recommends that the City Council deny the bluff setback variance. ADOPTED by the Chanhassen Planning Commission this 19th day of April, 2005. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 4 EXHJBIT A That part of the South 835.33 feet of the East one-half of the Southwest Quarter, Section 3, Township 116, Range 23, Carver County, Minnesota, measured at right angles to and parallel with the south line of Said East one-half of the Southwest Quarter lying westerly of the center line of Carver County Road 117. Torrens Certificate Number 30251. And, That part of the Southwest Quarter of Section 3, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the southwest corner of the Southwest Quarter; then running East on the section line 1335.00 feet to a point marked by a gas pipe; thence North 1320.00 feet to a point marked by an iron pipe; thence West 1335.00 feet to a point in the section line marked by a gas pipe; thence South 1325.00 feet to the place of beginning. And, That part of the Northwest Quarter of the Southwest Quarter of Section 3, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at the southwest corner of said Northwest Quarter of the Southwest Quarter; thence northerly along the west line of said Northwest Quarter of the Southwest Quarter a distance of 2.10 feet; thence easterly to a point in the east line of said Northwest Quarter of the Southwest Quarter distant 7.15 feet northerly of the southeast corner thereof; thence southerly along said east line 7.15 feet to said southeast corner; thence westerly along the south line of said Northwest Quarter of the Southwest Quarter to the point of beginning. And, Lot 1, Block 1, Brenden Pond 2nd Addition, according to the recorded plat thereof, Carver County, Minnesota. 5 05-\~ CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION CHANHASSEN PLANNING DEPT CITY OF CHANHASSEN RECEIVED MAR 1 82005 APPLICANT: The Pemtom Land Company ADDRESS: 7597 Anagram Dr. Eden Prairie, MN 55344 OVVNER: E. Jerome and Linda C. Carlson ADDRESS: 6950 Galpin Blvd. Excelsior, MN 55331 TELEPHONE (Day Time) 952-937-0716 TELEPHONE: 952-474-4163 '..~..- ,:\.0 " . Comprehensive Plan Amendment Temporary Sales Permit . Conditional Use Permit . Vacation of Right-of-VVay/Easements - , Interim Use Permit X Variance $200 .' Non-conforming Use Permit X VVetland Alteration Permit $275 Planned Unit Development" . Zoning Appeal X Rezoning $500 Zoning Ordinance Amendment Sign Permits I Sign Plan Review '" Notification Sign $l16 $Mø\-' $-- ~~. X Escrow for Filing Fees/Attorney Costn X Site Plan Review" - $50 CUP/SPRNACNARlWAPlMetes & Bounds - $400 Minor SUB $450 , \ - 427~~ X Subdivision" $600 + $585 = $1185 TOTAL FEE $ -3, J03 Mailing labers of all property owners within at least SOD feet of the boundaries of the property must be included with the application -OR- the City can provide this list (CalVer County properties only) for an additional fee to be invoiced to the applicant. If you would like the City to provide mailing labels. check this box IKJ Already ordered Building material samples must be submitted with site plan reviews. *Twenty-six (26) full-size folded copies of the plans must be submitted. including an 8%" X11" reduced copy for each plan sheet. -Escrow will be required for other applications through the development contract. NOTE: When multiple applications are processed. the appropriate fee shall be charged for each application. BCAMKd PROJECT NAME: Lake Harrison LOCATION: South of Lake Lucy Road off of Galpin Blvd. LEGAL DESCRIPTION: See Existing Conditions Sheet 1 TOTAL ACREAGE: 62.0 Acres WETLANDS PRESENT: X YES NO PRESENT ZONING: RR REQUESTED ZONING: RSF PRESENT LAND USE DESIGNATION: Residential - Low Density REQUESTED LAND USE DESIGNATION: Residential - Low Density REASON FOR REQUEST: Single Family Residential Development This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to detennine the specific ordinance and procedural requirements applicable to your application. A detennination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself infonned of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. ~~~æ4:., ~d{CAJr£¥rJ 7kPÞm~~~S' 3-ljJ~ðS ~ ~ J~~I ( Date Application Received on Fee Paid Receipt No. The applicant should contact staff for a copy of the staff report which will be available on Thursday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address. SCANNED r=J The Pemtom Land Company 7597 ANAGRAM DRIVE EDEN PRAIRIE, MINNESOTA 55344 (952) 937-0716 . FAX (952) 937-8635 TO: Honorable Mayor, Members of the Chanhassen City Council, Chairperson, Members of the Planning Commission and Professional Staff SUBJECT: Lake Harrison DATE: March 17,2005 We are pleased to present to you a proposal for a new neighborhood of single family detached custom homes on the Jerome and Linda Carlson property. BACKGROUND: The Carlson Property is located at 6950 Galpin Boulevard. The owners of the property are long time Chanhassen residents. Mr. Carlson was one of the co-founders of Instant Web, Victory Envelope, and United Mailing. He has been very active in the Chanhassen community for many years including service as President and Board Member of the Chanhassen Chamber of Commerce. The property has many outstanding natural features. Through the years, the Carlson's have developed trails and have created a sanctuary feeling on this unique property. Its dominant feature is the large wetland area that meanders £Tom Galpin Boulevard to Lake Lucy Road. A vintage 1918 windmill occupies the old farmstead site and can be seen £Tom Galpin Boulevard. .The Carlsons constructed a beautiful soft contemporary home and swimming pool that occupies a rise overlooking Lake Harrison. This home, pool, and windmill will remain as prominent features ofthe property. SITE DATA: . 1. Total site - 62.0 Acres 2. 39 Homesites Planned 3. Gross Density - .63 Homes Per Acre 4. Wetland Component - 20.9 Acres (Preliminary - to be verified in Spring) SITE VISITATION: Prior to the thorough site analysis conducted on this site to include a boundary survey, tree survey, topographical analysis, and studies conducted by wetland scientists, numerous members ofthe - Chanhassen City Staff were invited to tour the property to insure all elements necessary to prepare this premiere property were factored into the planning process. CITY ANALYSIS: The City identified a need on this site for a neighborhood park as well as a strong need for a water treatment facility. The City will present to the residents the needs analysis and function of these two components at independent meetings. Plans for 10 single-family lots in the vicinity of these two uses have been removed £Tom the original concept plans on the east end ofthe property abutting Galpin Boulevard. SCANNED Lake Harrison March 17, 2005 Page 2 NEIGHBORHOOD ANALYSIS: As in keeping with the long history of our company, a neighborhood meeting was conducted on March 10,2005 at the Chanhassen Recreational Center. The concerns of the neighbors focused on protecting the natural resources ofthis site, trees, traffic, size and location of the park and water facility, and architectural diversity. TREES: Pemtom has a long history of employing landscape architects early in the site analysis proces's to plan roads, utilities, and homesites. Tree preservation will be of ultimate concern. Where possible, retaining walls will be used to control slopes and save additional trees. A generous landscape plan will be implemented in the design process. TRAFFIC: To limit traffic in the Highover neighborhoo~ a ten lot cul-de-sac will be added to the planned thru road off Highover and only two lots are planned off a private street which will greatly limì~ traffic in Highover. Both Lake Lucy Road and Galpin Boulevard are collector roads serving this site and at the suggestion of the neighborhood and the Chanhassen City Sta.£I: Lake Harrison Road will be extended through the entire neighborhood to mitigate traffic going predominantly in one direction. PARK AND WATER TREATMENT FACILITY: All items of neighborhood concern with this item were deferred to the Chanhassen City Staff. ARCIDTECTURAL CONTROLS AND FEATURES: A Declaration of Covenants will be contained in the final documents that will control house sizes and incorporate custom designs on the elevations of every home. Innovative streetlights, landscaping plans, and uniform mailboxes will be mandatory. ARCHITECTURAL DIVERSITY: In addition to the architectural control documents employed by the developer, we agree to study the documents of Highover to insure strong home and architectural diversity on the site. PARKS AND OPEN SPACE: In an effort toþteserve the "sanctuary" like character of the property;;~pproximately 30 acres of the project will be dedicated to the public in the form of outlots for parks ánd open space, as well as right-of-way for roads and sidewalks. In addition, we hope to carry this feeling over to the residents by way of conservation covenants covering everything fÌ'om wetlands to natural grass buffers. Over fifty per cent of this new neighborhood will remain as open space. WETLANDS: There is an extensive amount of wetlands on the site and wetland impacts on site are inevitable. The plan was designed to be sympathetic to the wetlands and minimize impacts as much as possible. We are requesting waivers for reduced wetland buffers and setbacks in some portions of the site. It is possible to mitigate for all the wetland removal on site, but it is very destructive to the existing trees and we would like to explore the option of off site mitigation for this site. SCANNED Lake Harrison March 17, 2005 Page 3 DEVELOPER: The Pemtom Land Company has been active in building and developing in the Metropolitan area since 1963. Our goal is to work with the natural features of sites to create quality home sites with appealing streets capes using the topography and natural beauty of the land. Dan Herbst, President of The Pemtom Land Company, has been actively involved in the Chanhassen community for many years. He helped found the Chanhassen Jaycees and served as Officer and Director of the Chanhassen Chamber of Commerce as well as member and Chairman of the Chanhassen Planning Commission and member of the Chanhassen Lions and American Legion. He served as President and Board Member of the Carver County Coordinated Services as a nonprofit fundraiser for Carver Area Rural Transportation (CART) and has been a resident of Chanhassen since 1970. Neighborhoods we have created in the vicinity include, Crimson Bay inChanhassen, Trillium Bay and Eagle Bluff in Minnetrista, Swiss Mountain in Victori~ Wynnfield on Dell Road and Settlers Ridge and Settlers Westin Eden Prairie and Chanhassen. Other neighborhoods in Eden Prairie include Entrevaux , Kingston Ridge, St. Johns Woods and Normandy Crest. In Minnetonka our neighborhoods include Chimo, McCarthy's Woods, Brynmar Place, and Greenwoods on the Lake. WESTWOOD PROFESSIONAL SERVICES: The Planners, LandscapèArchitects, Engineers, and Wetland Scientists at Westwood Professional Services have provided land development consulting services for over 32 years. Westwood's approach to the environment is to provide quality places to live, work"and play while protecting our natural resources to the greatest extent possible. Their team of wetland scientists includes over 35 years of experience in wetland delineations, and mitigation designs. We are excited to move forward after our informational meeting and data gathering to proceed with a unique and successful neighborhood that will be oflasting value to the City of Chanhassen and its residents. We respectfully request your comments and feedback. Sincerely, ".;J,...- . ""'b'..£ THE;Y::::;¡CO~ Daniel 1. Herbst Y President ~/~/ (!J Daniel D. Cook SCANNED Lake Harrison - Requested Variances Chanhassen, MN 4/1/2004 Lot Block Variance Requested Reason for Request 1-10 2 Reduced front yard setback Reduction of front setback helps minimize from 3D' to 25' impacts to the woods and wetlands located within and behind the proposed lots. The requested variance is suggested in the tree preservation ordinance. 12 1 Reduced bluff buffer and There is a fair amount of buildable land on setback from 20' no impact top of the slope that is not considered bluff zone and 3D' building setback which creates a wonderful opportunity for to 0' no impact zone and 10' arguably the best location on the site for a building setback. home. The hardship is that there already exists a 30' overhead power line easement from the property line on the uphill side of the buildable area. This, in conjunction with the bluff setbacks, consumes too much of what is considered quality buildable area. We are proposing a custom graded and built home on this lot that will be sympathetic to the existing conditions. By reducing the no impact zone and building setback we can build an upper bracket home on an excellent site without any impacts to the bluff itself. Max. Road Maximum slope of road from . By increasing the slope of the road by 1 % Slopes 7% to 8%. we are able to match existing topography better and save more of the wooded slopes throughout the site. We are requesting this in only a few select areas of the site where it makes sense to do so. The requested variance is suggested in the tree preservation ordinance. lake Harrison - lots 10-14 Upland/Wetland Calculations Lot Total Lot Area Upland Area Wetland Area Required Lot Area 10 45,628 24,944 20,684 15,000 11 53,903 23,097 30,806 15,000 12 71,666 36,576 35,090 15,000 13 109,493 62,142 47,351 15,000 14 53,612 44,338 9,274 15,000 I ~ . ~ . .~ " .! :511 ~ ~ , t;~ . " 'i " ~ ". ~g " J:a ~.!:! 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'1 ,., ¡!- ,II ,11 m ~ t I ~ I ~ fì -~ 1 J '& iH ~ .i' t; ti æ ~ Ûi ~ ~ -.J 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 April 7, 2005, 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 Lake Harrison - Planning Case No. 05-14 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. 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I r ~,c:. ~e Hamsbn íf: tJLl...L..----J lake lucy I~ _ f1 ,'LlLo.':-.. >Y:;0'--"~'1::I.-! ~- ( ~'~ ~ ¡ U/ /-/ i::;,dí;::-· LJ !, Ii '(l:¡~1 ~f:jF~1 j / í 1~\-Ä'\Nf:§fl)1 q;- \.~ . ~<-;:!j&iYfriil~~ -:W, :::'¢:::; \ ~~-<-;J::J=tUY!!'v 1>¢-~ID-[ . ë=r(~- \'>^r \ ;--.Jt!/ " ~/. I ~d=i' \---t. \~HI ~ . ø<1:ì H~u..~H-iv'\t-)-I7T~r10·r--{1 ~ if'>/, IKt\'iíJ~;--H~1--i '-:-'\\i~\., ·f~<L~ " , I I ~ .. \/ ¡'"7...'\. J ' ø ~.. ----'- _. r·, -, 0!! /,^.Y..,-,_h I/ 11Î' !' r-/ '<,i...,'/{fiii, // ' í : ]C~/~b1.../1~~ /. 'I vq ÿ}¡:::j"-.l· 1,1,.1",,-(/ %~\ ~~ i~~~ ..-------) ( lake Ann . .. - ,. ... lisclaimer his map is neither a legally recorded map nor a sUlVey and is not intended to be used as one. his map is a compilation of records, information and data located in various city, county. state and ;deral offices and other sources regarding the area shown, and is to be used for 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 " 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. y í ' i., '---./ i ~ / Î i \ lake Ann \ ',~:::' ,i "''''§ ,",', ",:_,il_ )isclaimer 'his map is neither a legally recorded map nor a sUlVey and is not intended to be used as one. 'his map is a compilation of records, information and data located in various city, county, state and 3deral offices and other sources regarding the area shown, and is to be used for 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 lirection 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 ìtatutes §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 lold 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. ..----.-.. .__...n___ Location Map Public Hearing Notification Area (500+ feet) Carlson Property Development The Pemtom Company ,',' " ':'1: ' ¡ I ~ . . I I ¡~ )<J " .,. . ~ '. .~:' . " ,,:"1' " .' " ,.. " , I".. "", ~, ~ . ". ,:!.I.i~ " lake Lucy ,': ,! .' .. . . .." "" ..;...~...---..~ . l¡·:.,,:'...··1 \ J Legend _ Subject Site Public Hearing Notification Area REZA & BEVERLY M AGHELNEJAD 7041 HIGHOVER CT S CHANHASSEN MN 55317 JUDITH E ALEXANDER 2122 LAKE LUCY RD CHANHASSEN MN 55317 ASHLlNG MEADOWS HOMEOWNERS C/O LUNDGREN BROS CONSTRUCTION 935 E WAYZATA BLVD WAYZATA MN 55391 TIMOTHY J & LISA A BASTIAN 6800 DIAMOND CT CHANHASSEN MN 55317 DOUGLAS A & LINDA R BEUTEL C/O LINDA R BEUTEL 6786 BRIARWOOD CT CHANHASSEN MN 55317 TIMOTHY M & MARINA L BLOCK 6903 HIGHOVER DR CHANHASSEN MN 55317 BRYAN G & PATRICIA A BORNHOFT 6810 RUBY LN CHANHASSEN MN 55317 JAMES E & CHERI BROUGHTON 6927 HIGHOVER CT N CHANHASSEN MN 55317 STEVEN P & JODY K BUSKA 7054 NORTHWOOD CT CHANHASSEN MN 55317 THOMAS C CAMPBELL & KATHLEEN M CAMPBELL 6890 SAPPHIRE LN CHANHASSEN MN 55317 DOUGLAS J AHRENS & JOAN E LITTLE AHRENS 1949 TOPAZ DR CHANHASSEN MN 55317 RAYMOND CALSTADT& JACQIE L DAUGHERTY 2423 HIGHOVER TRL CHANHASSEN MN 55317 TROY A BADER & GINA SAUER 2244 LAKE LUCY RD CHANHASSEN MN 55317 MARY A BENTLEY 6810 HIGHOVER DR CHANHASSEN MN 55317 EDWARD M & CHERYL A BLACKFORD 6788 MANCHESTER DR CHANHASSEN MN 55317 SCOTT D & CYNTHIA L BOEDDEKER 6710 MANCHESTER DR CHANHASSEN MN 55317 RICHARD C & LAURA A BRAY 6983 HIGHOVER DR CHANHASSEN MN 55317 WAYNE R & ROBIN T BROWN 6837 BRIARWOOD CT CHANHASSEN MN 55317 GREGG W & MELANIE M BUTCHER 6805 RUBY LN CHANHASSEN MN 55317 E JEROME & LINDA C CARLSON 6950 GALPIN BLVD EXCELSIOR MN 55331 PREETI & VIVEK AJMANI 6805 DIAMONDCT CHANHASSEN MN 55317 DON W & CHRISTINE A ANTHONY 6700 BRENDEN CT CHANHASSEN MN 55317 BRUCE & SALLY BARQUIST 2360 LAKE LUCY RD CHANHASSEN MN 55317 ERIC R & SHERI L BEST 6820 RUBY LN CHANHASSEN MN 55317 PAUL S & SUSAN M BLASKE 6856 HIGHOVER DR CHANHASSEN MN 55317 PAUL J & KRISTI L BORCHERT 6636 BRENDEN CT CHANHASSEN MN 55317 LEE S & RHONDA L BROADSTON 6918 HIGHOVER DR CHANHASSEN MN 55317 ERIC M & PATRICIA E BURDON 6690 BRENDEN CT CHANHASSEN MN 55317 GERALD L & CONNIE J BYRNES 6820 BRIARWOOD CT CHANHASSEN MN 55317 MICHAEL P CAUTIN 7013 HIGHOVER CT S CHANHASSEN MN 55317 JOHN B & GAYLE E CHOMEAU 2333 HARRISON HILL CT CHANHASSEN MN 55317 ROBERT E & JUDITH B CLARKE 6821 HIGHOVER DR CHANHASSEN MN 55317 JOSEPH R COOK & KATHLEEN L HUNTINGTON 6672 BRENDEN CT CHANHASSEN MN 55317 STEPHEN M DAHL & CELESTE A BERKEN 6820 DIAMOND CT CHANHASSEN MN 55317 CHARLES Z & SUSAN X DENG 6804 BRIARWOOD CT CHANHASSEN MN 55317 JAYSON C DREHER 2144 LAKE LUCY RD CHANHASSEN MN 55317 GREGORY M & LAURA J ELDER 2076 HIGHGATE CIR CHANHASSEN MN 55317 KEVIN S & TERESA A FINGER 7052 HARRISON HILL TRL CHANHASSEN MN 55317 CLEONE B FOSTER 2275 LAKE LUCY RD CHANHASSEN MN 55317 DAVID E & KATHLEEN K FULKERSON 6900 HIGHOVER DR CHANHASSEN MN 55317 PING CHUNG & ANH TRAN 7000 HrGHOVER DR CHANHASSEN MN 55317 CURT M & SARAH D CLAUSS 7074 NORTHWOOD CT CHANHASSEN MN 55317 CHRISTOPHER H & JOAN W COWAN 2412 HIGHOVER TRL CHANHASSEN MN 55317 DAVID H DAMMAN & LAUREN LIPPMAN-DAMMAN 6934 HIGHOVER DR CHANHASSEN MN 55317 DANE S & LISA D DOESCHER 6732 BRENDEN CT CHANHASSEN MN 55317 LAWRENCE M & ABIGAIL DUMOULIN 6966 HIGHOVER DR CHANHASSEN MN 55317 STEVEN K & JULIE MELLIS 1973 TOPAZ DR CHANHASSEN MN 55317 MICHAEL P FLAKE & KAREN E SHADLER FLAKE 6830 RUBY LN CHANHASSEN MN 55317 ANTHONY LEE FREEMAN 6786 HIGHOVER DR CHANHASSEN MN 55317 GESTACH & PAULSON CONSTRUCTION 200 CHESTNUT ST N CHASKA MN 55318 COURTNEY W & CHRISTINE CLAFLIN 2040 HIGHGATE CIR CHANHASSEN MN 55317 JOHN J & PAMELA S COCCARO 2450 HIGHOVER WAY CHANHASSEN MN 55317 LESTER A COYER & ANNETTE D MCEWAN-COYER 6719 BRENDEN CT CHANHASSEN MN 55317 MICHAEL L & AMY C DEGENEFFE 6654 BRENDEN CT CHANHASSEN MN 55317 DANIEL J DOHSE & MAR IT S LEE-DOHSE 2058 HIGHGATE CIR CHANHASSEN MN 55317 TROY L & CAROLYN H EGGERS 6791 BRIARWOOD CT CHANHASSEN MN 55317 MARK A FALKUM 6869 MANCHESTER DR CHANHASSEN MN 55317 WILLIAM 0 & KRISTEN K FLANAGAN 6653 BRENDEN CT \ CHANHASSEN MN 55317 DAVID M & JULIE A FUECKER 6751 MANCHESTER DR CHANHASSEN MN 55317 DARRELL GILMORE 1981 TOPAZ DR CHANHASSEN MN 55317 KIMBERLY K GOERS 6709 BRENDEN CT CHANHASSEN MN 55317 JOHN M JR & DARLA J GRAHAM 6935 HIGHOVER DR CHASKA MN 55318 PHILIP J & LAURA K HAARSTAD 7066 HARRISON HILL TRL CHANHASSEN MN 55317 EUGENEW HANSON & SHERYL A NOVAK 2380 LAKE LUCY RD CHANHASSEN MN 55317 JOHN P & KELLY M HOLCOMB 6852 BRIARWOOD CT CHANHASSEN MN 55317 DAVID L & HOLLY J JESSEN 6618 BRENDEN CT CHANHASSEN MN 55317 JEFFREY A JORGENSEN & HELENA B STAFKO 2028 HIGHGATE CIR CHANHASSEN MN 55317 BRIAN & CHRISTINE KLINE 6836 BRIARWOOD CT CHANHASSEN MN 55317 SANG C & NHI T KY 6729 BRENDEN CT CHANHASSEN MN 55317 CRAIG J & NANCY G LERVICK 7027 HIGHOVER CT S CHANHASSEN MN 55317 KIMBERLY KRAMER GOERS 6673 BRENDEN CT CHANHASSEN MN 55317 MARK CONRAD GREGERSON 6633 BRENDEN CT CHANHASSEN MN 55317 BRIAN J HABAS & SUSAN BLAINE 2021 HIGHGATE CIR CHANHASSEN MN 55317 WILLIAM D & MARY D HAWORTH 6818 HIGHOVER DR CHANHASSEN MN 55317 MICHAEL J HORN, TRUSTEE & PAMELA A KLINGER-HORN, TRUSTEE 7024 HIGHOVER CT S CHANHASSEN MN 55317 DANIEL L JOHNSON & PENNYBURSCH~OHNSON 6951 HIGHOVER DR CHANHASSEN MN 55317 DOUGLAS T KANS 6800 MANCHESTER DR CHANHASSEN MN 55317 WILLIAM F & JEANNE A KRAKE 6739 MANCHESTER DR CHANHASSEN MN 55317 DOUGLKAS E & DEBRA A LANASA 2151 LAKE LUCY RD CHANHASSEN MN 55317 ROBERT J & LUCINDA C LIPPERT 6964 HIGHOVER CT N CHANHASSEN MN 55317 TIMOTHY L & ANNE G GOSHERT 6850 MANCHESTER DR CHANHASSEN MN 55317 JON 0 GRUBB 6989 HIGHOVER CT N CHANHASSEN MN 55317 GERALD 0 &MARIL YN J HALSETH 6946 HIGHOVER CT N CHANHASSEN MN 55317 HERBERT M & DONNA M HILLMAN 6716 BRENDEN CT CHANHASSEN MN 55317 CHRISTOPHER HOVAN 6862 MANCHESTER DR CHANHASSEN MN 55317 JENNIFER S JOHNSON 7036 HIGHOVER CT S CHANHASSEN MN 55317 STEPHEN J & LAURIE A KERKVLlET 2201 LAKE LUCY RD CHANHASSEN MN 55317 THOMAS & MARY KUHN 6693 BRENDEN CT CHANHASSEN MN 55317 KURT R & KATHLEEN M LEISMAN 6849 MANCHESTER DR CHANHASSEN MN 55317 GREGORY S LOHRENZ 2165 LAKE LUCY RD CHANHASSEN MN 55317 LONGACRES HOMEOWNERS ASSN INC C/O LUNDGREN BROS CONST INC 935 WAYZATA BLVD E WAYZATA MN 55391 ADAM & ANGIE LURIE 6926 HIGHOVER CT N CHANHASSEN MN 55317 ROBERT F & MICHELLE M MARTIN 6800 RUBY LN CHANHASSEN MN 55317 MICHAEL J & CANDICE K MCGRAW 2446 HIGHOVER TRL CHANHASSEN MN 55317 JIANPING MEI & RUOPEI CAO 2135 LAKE LUCY RD CHANHASSEN MN 55317 MICHAEL C & JEAN M MOORE 6826 MANCHESTER DR CHANHASSEN MN 55317 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN MN 55317 DANIEL D & DENISE A OLSON 6776 MANCHESTER DR CHANHASSEN MN 55317 PAINTING PERFECTION L TD 13875 FENWAY BLVD N SUITE 300 HUGO MN 55038 KENNETH R & LISA MARIE PEITZ 6811 HIGHOVER DR CHANHASSEN MN 55317 LUNDGREN BROS CONSTRUCTION 935 WAYZATA BLVD E WAYZATA MN 55391 TUNG H L Y & NHUNG K TRAN 6817 MANCHESTER DR CHANHASSEN MN 55317 LARRY A & SUE A MARTY 2117 LAKE LUCY RD CHANHASSEN MN 55317 PATRICKJ & LISA M MCNULTY 6842 HIGHOVER DR CHANHASSEN MN 55317 TODD MICHELS & PATRICIA KELLY-MICHELS 2436 HIGHOVER TRL CHANHASSEN MN 55317 CHARLES R & KATHLEEN J MOWREY 6610 BRENDEN CT CHANHASSEN MN 55317 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN MN 55317 MARK J OLSON 7011 HIGHOVER DR CHANHASSEN MN 55317 PAISLEY PARK ENTERPRISES INC 7801 AUDUBON RD CHANHASSEN MN 55317 MICHAEL B & KAREN I PEKA 6857 MANCHESTER DR CHANHASSEN MN 55317 SCOTT C & CHRISTINA M LUNGER 6955 HIGHOVER CT N CHANHASSEN MN 55317 KATHLEEN E MACK 6984 HIGHOVER DR CHANHASSEN MN 55317 JOHN A & DEBORAH S MASCHOFF 6613 BRENDEN CT CHANHASSEN MN 55317 MATTHEW & KRISTINE MEDICK 6800 HIGHOVER DR CHANHASSEN MN 55317 JOHN MARK & JANICE RAE MOBERG 6738 MANCHESTER DR CHANHASSEN MN 55317 STEVEN E & TERRYL A MUELLER 7077 HARRISON HILL TRL CHANHASSEN MN 55317 GARRETT L & VIRGINIA E NOLAN 7055 NORTHWOOD CT CHANHASSEN MN 55317 DAVID C & LISA K OWEN 2444 LAKE LUCY RD CHANHASSEN MN 55317 JASON E PALMBY & PATRICIA PALM BY 411 ZACHARY LN PLYMOUTH MN 55441 DAVID S & LINDA S PETERS 6845 BRIARWOOD CT CHANHASSEN MN 55317 JOHN MARK & CARl E PIATKOWSKI 6833 MANCHESTER DR CHANHASSEN MN 55317 KEITH A & ERIN E RADEN 2237 LAKE LUCY RD CHANHASSEN MN 55317 PETER & CHRISTINE ROZWADOWSKI 2443 HIGHOVER TRL CHANHASSEN MN 55317 BRIAN M & MICHELLE SCHLICHTER 6814 MANCHESTER DR CHANHASSEN MN 55317 DAVID C SHOEMAKER & ALISON M LANG 6880 SAPPHIRE LN CHANHASSEN MN 55317 BRUCE S & HELEN TERESA SMITH 9 HAWKINS DR NORTHPORT NY 11768 JONATHAN E & INGRID K STEELE 6941 HIGHOVER CT N CHANHASSEN MN 55317 ALLEN R & ELIZABETH ANN TAYLOR TRUSTEES OF TRUST 2340 LAKE LUCY RD CHANHASSEN MN 55317 JOHN C & CARRIE M TIETZ 7011 GALPIN BLVD EXCELSIOR MN 55331 TIMOTHY A & TERESA M VOEHL 6811 BRIARWOOD CT CHANHASSEN MN 55317 STEPHEN M & HEATHER L PINT 6750 BRENDEN CT CHANHASSEN MN 55317 DRU N & HIMAN SHU RAI 6724 MANCHESTER DR CHANHASSEN MN 55317 ULI SACCHET 7053 HIGHOVER CT S CHANHASSEN MN 55317 DAVID A SENNER & SUSAN M HARTWIG 6829 BRIARWOOD CT CHANHASSEN MN 55317 CARY L SINN 2249 LAKE LUCY RD CHANHASSEN MN 55317 CHARLES C S & IRENE L Y SONG 7042 GALPIN BLVD EXCELSIOR MN 55331 THOMAS S & JUDITH E STRETAR 6801 MANCHESTER DR CHANHASSEN MN 55317 KENNETH F & KRISTEN LTHATCHER 2219 LAKE LUCY RD CHANHASSEN MN 55317 TOBY & KARlE M TIMION 6959 HIGHOVER DR CHANHASSEN MN 55317 THOMAS P & ANGELA D VUKOVICH 1965 TOPAZ DR CHANHASSEN MN 55317 KARL N QUILLING 6838 MANCHESTER DR CHANHASSEN MN 55317 RUTH E ROLFS 7056 HIGHOVER CT S CHANHASSEN MN 55317 JEFFREY D & KAREN L SANDEFUR 2340 HARRISON HILL CT CHANHASSEN MN 55317 WILLIAM M & SANDRA B SHAVER 2458 HIGHOVER TRL CHANHASSEN MN 55317 JOHN & MARIA SLAVENS 6815 RUBY LN CHANHASSEN MN 55317 TRAVIS D & NATALIE A SPRAGUE 6888 HIGHOVER DR CHANHASSEN MN 55317 LARRY D & MARY J SYNSTELlEN 6893 HIGHOVER DR CHANHASSEN MN 55317 JOSEPH P THULL 6872 HIGHOVER DR CHANHASSEN MN 55317 GREGORY A & LINDA R TWEDT 6999 HIGHOVER DR CHANHASSEN MN 55317 RODD G & NORA M WAGNER 6915 HIGHOVER DR CHANHASSEN MN 55317 WILLIAM H JR & KELLY M WEARN 7075 NORTHWOOD CT I CHANHASSEN MN 55317 JOHN P & MARGARET G WIEHOFF 2330 HARRISON HILL CT CHANHASSEN MN 55317 MICHAEL A & CHERIE M WITYNSKI 2051 HIGHGATE CIR CHANHASSEN MN 55317 WILLIAM C & ANNE T WENDELL 6814 HIGHOVER DR CHANHASSEN MN 55317 JOHN W & LISA G WING 7049 HARRISON HILL TRL CHANHASSEN MN 55317 THOMAS L & SUSAN M YEZZI 2320 HARRISON HILL CT CHANHASSEN MN 55317 JAMES C & MARCY J WICKA 6971 HIGHOVER CT N CHANHASSEN MN 55317 JAMES S & CANDACE L WISELY 7048 HIGHOVER CT S CHANHASSEN MN 55317 The Pemtom Land Company 7597 Anagram Drive Eden Prairie, MN 55344 -' \' f¡"1 "','1('(,1:';. _. '} r }. <,' .....[C,tcfh' . ~r'f I",! ~--' t;;;· :6~. 1_- -._. . ~':I ~. " CARVER COUNTY PUBLIC WORKS ~~r~ 11360 Highway 212 West P.O. Box 300 Cologne, MN 55322-0300 Phone (952) 466-5200 Fax (952) 466-5223 Administration Parks EngineeIing Highway Maintenance Equipment Maintenance Surveying & Mapping CllMfCounty 1855 - 2005 To: From: Subject: Bob Generous, Senior Planner - City of ChaR.~ssen Bill Weckman, Assistant County Engineer þ~],V Preliminary Plat and Request for Rezoning Lake Harrison - The Pemtom Land Company - Planning Case 05-14 fit.OJl'~.' ¡P1'~rD 1rt1;..9~~~r.. APR 2 2 2005 CiTY Of CHANHASSEN April 20,2005 Following are comments regarding the Lake Harrison Preliminary Plat and Rezoning request transmitted to Carver County by your memorandum dated March 22, 2005. These comments were conveyed to Assistant City Engineer Matt Sammes by telephone on April 19, 2005. These comments are not all inclusive and further comments and concerns may evolve as this project progresses and changes, Galpin Boulevard in the location of this proposed development is presently on the County road system and is identified as County Road 117. The long term plans for this portion of County Road 117 include a turnback of this roadway to the City of Chanhassen. Initial conversations concerning this potential turnback had begun five or six years ago but have been discontinued at this time. The comments that follow would be our comments concerning this proposal if this roadway is to remain on the County system. 1. Right-of-way widths listed in the Eastern Carver County Transportation Study for roadways functionally classified as Collector (Class I) are: Urban Undivided 2-lane Roadway Minimum Recommended 80' 1 00' Rural Undivided 2-lane Roadway Minimum Recommended 110' 120' Urban Undivided 4-lane Roadway Minimum Recommended 1 00' 11 0' Rural Undivided 4-lane Roadway Minimum Recommended 140' 170' County Road 117 (Galpin Boulevard) is functionally classified as a Collector (Class I) roadway in the Eastern Carver County Transportation Study. The 50 foot from centerline corridor shown on the preliminary plat would provide for a potential minimum 100 foot corridor for a two lane urban roadway. The city may wish to consider an even wider highway corridor along the proposed subdivision if a separate trailway is to be constructed along the county highway. Additional width may also be needed to accommodate public utilities and landscaping. 2. An access permit from Carver County will be required for the proposed street èntrance onto CR 117. Construction of a right turn lane off of CR 117 into the development will be a requirement included in the access permit. 3. Any public utility lines that are to be installed within the CR 117 right-of-way are subject to the utility permit requirements of Carver County. 4. Any proposed grading and installation of drainage structures within the right-of-way of CR 117 is subject to review and approval of Carver County. 5. Development activities (including the installation of both public and private utilities needed to serve the development site) that result in any disturbance of the county highway right-of-way (including tree removal, trench settlements, erosion, and sediment deposits) need to be completed in a manner that leaves the right-of-way in "as good or better condition" than what existed prior to construction. It is requested that the city include a provision in the developer's agreement that requires the developer to be ultimately responsible for the final condition of the county highway right-of-way. A clear understanding of this responsibility will result in fewer project oversight problems for both the County and the City. 6. Any trees or landscaping completed within the right-of-way must be approved by the County, When locating shrubs and trees, consideration should be given to maintaining an acceptable sight distance at the CR 117 intersection. Any trees or shrubs overhanging into the right-of-way could be subject to trimming for safety or overhead utility consideration. 7. As this area develops, traffic volumes will increase. Carver County considers any potential noise abatement improvements to be the responsibility of the developer. Thank you for the opportunity to comment on the preliminary plat for the proposed development. May 4, 2005 Mayor Tom Furlong City Councilwoman Bethany Tjomhom City Councilman Steve Labatt City Councilman Brian Lundquist City Councilman Craig Peterson City of Chanhassen 7700 Market Blvd PO Box 147 Chanhassen, MN 55317 RE: Proposed LAKE HARRISON Subdivision - CASE No. 05-14 Dear Mayor Furlong and Chanhassen City Council Members, We would like to express our concerns about violations of Chanhassen City Ordinances, the negative impact on our properties, and the inconsistencies in the plat approval process created by the proposed Lake Harrison Development - PC Case No. 05-14. Our concerns and objections are as follows: 1. The bluff setback variances for Lot 11, Block 1 and Lot 12, Block 1 were denied by the Planning Commission at the meeting on April 19, 2005. However, the Planning Commission minutes from the April 19, 2005 meeting state "The private street cul-de-sac shall be moved back from Lot 12, Block 1 to Lot 11, Block 1". This is not possible since construction of the private street requires grading and damage to the bluff impact zone on Lot 11, Block 1. Private street and private street cul-de-sac construction on Lot 11, Block 1 will be in violation of Chanhassen City Ordinances 20-484 (b) and 20-1401 (a). Sec. 20-484. Placement and design of roads, driveways, and parking areas. (b) Roads, driveways, and parking areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and shall be designed to minimize adverse impacts. Sec. 20-1401. Structure setbacks. (a) Structures, including, but not limited to, principal buildings, decks, and accessory buildings, except stairways and landings, are prohibited on the bluff and must be set back from the top of the bluff, the toe of the bluff, and the side of a bluff at least 30 feet. 2. The use of a private street in this situation will not permit enhanced protection of the city's natural resources including wetlands and protected (bluffs) areas. The Staff Report prepared for the April 19, 2005 Planning Commission meeting stated: "Finally, the grading for Lots 11 alld 12, Block 1 needs to be revised. The proposal includes a private street to access Lots 11 and 12 with retaining walls along each side, The private street is being "cut-in" through an existing bluff area and the retaining walls are proposed to "hold back" the earth on each side of the street. This provides a tunnel-like access to Lot 12. Usually, when private streets are proposed, the grading is minimized versus the grading requiredfor a public street. Staff does not believe this is the case with the current proposal," Considering these facts, the construction of the private street is in violation of Chanhassen City Ordinance 18-57 (r). (3). Page 1 of 1 Sec. 18-57. Streets. (r) Private streets serving up to four lots may be permitted in the A2, RR, RSF and R4 if the criteria in variance section 18-22 are met and upon consideration of the following: (3) The use of a private street will permit enhanced protection of the city's natural resources, including wetlands and protected areas. 3, The construction ofthe private street creates a double frontage lot situation for lots 1, 13, and 14, Block 3 in the Highover subdivision, This violates Chanhassen City Ordinance, Section 18-60 (g). Sec. 18-60. Lots. (g) Double frontage lots with frontage on two parallel streets or reverse frontage shall not be permitted except where lots back on an arterial or collector street. Such lots shall have an additional depth of at least ten feet to accommodate vegetative screening along the back lot line. Wherever possible, structures on double frontage lots should face the front of existing structures across the street. If this cannot be achieved, then such lots shall have an additional depth of ten feet to accommodate vegetation screening along the back lot line. 4, The private street variance may allow development and home construction on Lots 11 and 12, Block 1. This creates a very unusual and detrimental neighborhood where the front yards in Lake Harrison Development directly abut to the back yards of residents in Highover across the electrical transmission line easement. Effective barriers cannot be considered due to the electrical transmission line easement and the bluff impact zone. Development of Lots 11 and 12, Block 1 will significantly diminish the property values of homes in Highover and Longacres adjacent to the proposed private street and Lots 11 and 12, Block 1, This is in violation of Chanhassen City Ordinance 20-58 (6). Sec. 20-58. General conditions for granting. A variance may be granted by the board of appeals and adjustments or city council only if all of the following criteria are met: (6) That the proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or decrease visibility or site distances, or increases the danger of fIre, or endanger the public safety or substantially diminish or impair property values within the neighborhood. 5. The improperly proposed and documented private street variance is not in accordance with city code and should not have been approved. The sole reason for constructing the private street is based upon the desire ofthe applicant, Pemtom Land Company, to increase the value and income potential of the parcel of land. The construction of the private street is detrimental to the adjacent homeowners. This is in violation of Chanhassen City Ordinance 20-58 (3). During the Planning Commission Meeting on April 19, 2005, the applicant commented that the Lake Harrison Development may not be financially viable without Lots 11 and 12, Block 1, Sec. 20-58. General conditions for granting. A variance may be granted by the board of appeals and adjustments or city council only if all of the following criteria are met: (3) That the purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Page 2 of2 We respectfully request that the City Council votes to prohibit the construction of a private street off of Highover Trail and prohibit any development, grading, tree removal, or construction of homes on Lot 11, Block 1 and Lot 12, Block 1. We also request that these conditions and restrictions be clearly documented in the final plat approval for the Lake Harrison Subdivision. We make these requests in accordance with the requirements of Chanhassen City Ordinances. We believe that the application submitted by Pemtom Land Company was incomplete, did not consider all the important facts, and was not evaluated in the proper detail before being sent to City Council for approval. Some of the significant issues include: 1, Violations and misinterpretations of Chanhassen City Ordinances 2. Variances improperly documented, proposed, & approved 3, Public notice was not properly documented or communicated concerning a variance for construction of a private street connecting Lots 11 & 12, Block 1 to Highover Trail. The private street variance was not included in the public notice printed in the Chanhassen Villager on April 7, 2005. The private street variance was not included or mentioned in the Staff Report for the April 19, 2005 Planning Commission meeting. 4. Lack of information needed for important decision-making concerning wetlands and lot delineations: the DNR Ordinary High Water (OHW) of Lake Harrison has not been determined and will not be available for 1-2 months. 5. The current, proposed plans have not satisfied the minimum replacement requirements of replacing impacted wetlands at a 2: 1 ratio. The applicant is required to demonstrate and document how replacement will be satisfied to ensure the 2: 1 replacement ratio for all impacted wetlands, Currently, the proposed replacement plan is deficient 69,017 square feet (1.58 acres) of wetland mitigation. 6. The environmental impacts of the Lake Harrison Development and the opinions of the City Staff were not properly reviewed and discussed, The Staff Report raised serious environmental issues that were not addressed at the Planning Commission meeting on April 19,2005, On page 5 of the Staff Report for Case No. 05-14 under "BLUFFS" it is stated: "The applicant has located two lots on the western bluff and is requesting variances to build homes on Lots 11 and 12. Staff strongly recommends denial of the variances. Construction activities, location of structures and future use of the area by the property owners will have lasting, detrimental effects on the bluff and the wetland, Lake Harrison below. It is in the best interest of the public good that the bluff be preserved as required by ordinance to protect the environmental and water quality of the site." Although the variance was denied, the applicant is still planning to develop Lots 11 and 12, Block 1. 7, The Compliance table on page 13 of the Staff Report shows a setback variance required for both lots 11 and 12, Block 1. The variances for Lots 11 and 12, Block 1 have been denied, but the Planning Commission Meeting minutes of April 19, 2005 recommend construction of the private street and cul-de-sac on Lot 11, Block 1. This is confusing, not allowed without a variance, and could be interpreted to mean the variance was granted for Lot 11, Block 1, 8. The applicant officially requested approval for 39 lots, The Planning Commission Meeting Minutes from April 19, 2005 documented the approval of 40 lots. Page 3 of3 9. Incomplete or deficient applications should not be scheduled for a Planning Commission Meeting, Refer to City Ordinance 20-109. Sec. 20-109. Applications. Application for a site plan review shall be made to the city planner on forms provided by the city and shall be filed 30 days in advance of the planning commission meeting at which it is to be considered. Incomplete or deficient applications shall not be scheduled for a meeting unless the community development director has determined that official action is warranted. 10. The applicant is proposing to entirely fill two Type 3 wetland areas (Wetland F and Wetland G) to accommodate additional housing pads. This proposal and insensitive approach to wetland encroachment is unnecessary and based entirely on economic considerations. A feasible and prudent alternative certainly exists to avoid the proposed wetland impacts. Refer to Minnesota Rules 8420,0520 Subpart 3. C. (4) (e). 8420.0520 SEQUENCING. Subp. 3, Determination of impact avoidance. C. Alternatives analysis: (4) The local government unit shall consider the following in evaluating alternatives as applicable: (e) the physical, economic, and demographic requirements ofthe project. Economic considerations alone do not make an alternative not feasible and prudent. Due to the unusual number of neighborhood concerns, the significant inconsistencies, and the incomplete application submitted by the applicant, this matter may need to be referred back to the Planning Commission for the proper review, scrutiny, and input from Chanhassen residents. Thank you. Sincerely, James & Cheri Broughton 6927 Highover Court N. Chanhassen, MN 55317 Ray Alstadt & J acqie Daugherty 2423 Highover Trail Chanhassen, MN 55317 Others by Petition to Be Delivered Prior to May 9, 2005 Council Meeting Page 4 of 4 MEMORANDUM CITY OF CHANHASSEN TO: Todd Gerhardt, City Manager 7700 Markel Boulevard PO Box 147 Chanhassen, MN 55317 FROM: Bob Generous, Senior Planner DATE: May 4, 2005 Administration Phone 952.227.1100 Fax: 952.227.1110 RE: Lake Harrision, Response to questionslissues Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Staff has prepared brief responses to the letter from James & Cheri Broughton et al dated May 4,2005. Following are the comments and response: FinanGe Phone 952.227.1140 Fax: 952.227.1110 Question 1: The bluff setback variances for Lot 11, Block 1 and Lot 12, Block 1 were denied by the Planning Commission at the meeting on April 19, 2005. However, the Planning Commission minutes from the April 19, 2005 meeting state, "The private street cul-de-sac shall be moved back from Lot 12, Block 1 to Lot 11, Block 1." This is not possible since construction of the private street requires grading and damage to the bluff impact zone on Lot 11, Block 1. Private street and private street cul-de-sac construction on Lot 11, Block 1 will be in violation of Chanhassen City Ordinances 20-484 (b) and 20-1401 (a). Engineering Phone 952.227.1160 Fax 952.227.1170 Park & Rweation Phone: 952.227.1120 Fax 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax 952.227.1404 Sec. 20-484. Placement and design of roads, driveways, and parking areas. (b) Roads, driveways, and parldng areas shall meet structure setbacks and shall not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. Uno alternatives exist, they may be placed within these areas, and shall be designed to minimize adverse impacts. Sec. 20-1401. Structure setbacks. (a) Structures, induding, but not limited to, principal buildings, decks, and accessory buildings, except stairways and landings, are prohibited on the bluff and must be set back from the top of the bluff, the toe of the bluff, and the side of a bluff at least 30 feet. Planning & Natural Resources Phone: 952.227.1130 Fax 952.227.1110 PubliG Works 1591 Park Road Phone 952.227.1300 Fax: 952.227.1310 Question 1 Response: Section 20-484 does not prohibit private streets and driveways in the bluff impact zone. "If no alternatives exist, they may be placed within these areas, and shall be designed to minimize adverse impacts." Senior Center Phone 952.227.1125 Fax: 952.227.1110 Section 20-1401 addresses structures, i.e., houses, garages, decks, etc. It does not deal with driveways which are addressed in Section 20-484. Web Site wWI'I.ci. chan hassen .mn. us Question 2: The use of a private street in this situation will not permit enhanced protection of the city's natural resources including wetlands and protected (bluffs) areas. The Staff Report prepared for the April 19, 2005 Planning Commission meeting stated: "Finally, the grading for Lots 11 and 12, Block 1 needs to be revised. The proposal includes a private street to access Lots 11 and 12 with retaining walls along each side. The private street is being "cut-in" through an existing bluff area and the retaining walls are proposed to "hold back" the earth on each side of the street. This provides a tunnel-like access to Lot 12. Usually, when private streets are proposed, the grading is The City of Chanhassen · A growing communily with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Mr. Todd Gerhardt Lake Harrison - Broughton et al Response May 4, 2005 Page 2 minimized versus the grading required for a public street. Staff does not believe this is the case with the current proposal," Considering these facts, the construction of the private street is in violation of Chanhassen City Ordinance 18-57 (r). (3). Sec. 18-57. Streets. (r) Private streets serving up to four lots may be permitted in the A2, RR, RSF and R4 if the criteria in variance section 18-22 are met and upon consideration ofthe following: (3) The use of a private street will permit enhanced protection of the city's natural resources, including wetlands and protected areas. Question 2 Response: The use of the private street does enhance environmental protection vis-à-vis installing a public street. However, staff's recommendation and what the Planning Commission proposed was that the private street be revised to relocate the turn-around area from Lot 12 to Lot 11, which would provide additional preservation of natural features (trees and slopes). Question 3: The construction of the private street creates a double frontage lot situation for lots 1, 13, and 14, Block 3 in the Highover subdivision. This violates Chanhassen City Ordinance, Section 18-60 (g). Sec. 18-60. Lots. (g) Double frontage lots with frontage on two parallel streets or reverse frontage shall not be permitted except where lots back on an arterial or collector street. Such lots shall have an additional depth of at least ten feet to accommodate vegetative screening along the back lot line. Wherever possible, structures on double frontage lots should face the front of existing structures across the street. If this cannot be achieved, then such lots shall have an additional depth of ten feet to accommodate vegetation screening along the back lot line. Question 3 Response: Construction of a "private street" does not create a double frontage lot. The private street is merely a driveway serving up to four lots. There are no setback requirements from the access easement, only from the property line. If this were the case, every H/GHO VER .' o __'_""1'_~~_' __·o'.~C.~_ ~'" .....r_""""..~>~..~" k_'_~__~_"'-'" _Y '._."_ - ". '~'~~., ~~"--'-"'-"'" .....'--._.~~..-'--........" ~",...,,~ ~'~-.-.-- ~'__K~~~"" WFSTWOGD Mr. Todd Gerhardt Lake Harrison - Broughton et al Response May 4, 2005 Page 3 home would have two street frontages because their neighbor's driveway goes along the property line. Additionally, as part of Highover, an Outlot was platted between the lots to the west and this site, so the properties do not even abut. Question 4: The private street variance may allow development and home construction on Lots 11 and 12, Block 1. This creates a very unusual and detrimental neighborhood where the front yards in Lake Harrison Development directly abut to the back yards of residents in Highover across the electrical transmission line easement. Effective barriers cannot be considered due to the electrical transmission line easement and the bluff impact zone. Development of Lots 11 and 12, Block 1 will significantly diminish the property values of homes in Highover and Longacres adjacent to the proposed private street and Lots 11 and 12, Block 1. This is in violation of Chanhassen City Ordinance 20-58 (6). Sec. 20-58. General conditions for granting. A variance may be granted by the board of appeals and adjustments or city council only if all of the following criteria are met: (6) That the proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or decrease visibility or site distances, or increases the danger of fIre, or endanger the public safety or substantially diminish or impair property values within the neighborhood, Question 4 Response: The variance findings for private streets are found under section 18-22, not section 20-58, which states: Sec. 18-22. Variances. The city council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: (1) The hardship is not a mere inconvenience; (2) The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; (3) The condition or conditions upon which the request is based are unique and not generally applicable to other property; (4) The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Having a driveway for a single-family home to the rear of the property will not significantly diminish the property values of homes in Highover, Mr. Todd Gerhardt Lake Harrison - Broughton et al Response May 4, 2005 Page 4 Question 5: The improperly proposed and documented private street variance is not in accordance with city code and should not have been approved. The sole reason for constructing the private street is based upon the desire of the applicant, Pemtom Land Company, to increase the value and income potential of the parcel of land, The construction of the private street is detrimental to the adjacent homeowners. This is in violation of Chanhassen City Ordinance 20-58 (3). During the Planning Commission Meeting on April 19, 2005, the applicant commented that the Lake Harrison Development may not be financiallv viable without Lots 11 and 12, Block 1. Sec. 20-58. General conditions for granting. A variance may be granted by the board of appeals and adjustments or city council only if all of the following criteria are met: (3) That the purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. Question 5 Response: The variance findings for private streets are found under section 18-22, not section 20-58. Any development adjacent to the properties in Highover would be perceived as detrimental to adjacent properties. Question 6: We believe that the application submitted by PemtomLand Company was incomplete, did not consider all the important facts, and was not evaluated in the proper detail before being sent to City Council for approval. Some of the significant issues include: Issue 1: Violations and misinterpretations of Chanhassen City Ordinances Issue 1 Response: See above, Issue 2: Variances improperly documented, proposed, & approved Issue 2 Response: The following is the public hearing notice: "NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, April 19, 2005, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this heating is to consider a request for Rezoning from Rural Residential, RR, to Single Family Residential, RSF; Subdivision review for 40 Lots, 3 Outlots and public right-of-way with Variances; and a Wetland Alteration Permit for the grading and filling of wetlands on site, property consisting of 62 acres located at 6950 Galpin Boulevard - Lake Harrison. Applicant: The Pemtom Land Company." While the specific variances were not named, it is clear that vatiances were included as part of the application. The private street was discussed within the report and as part of the public hearing process, findings for approval addressing the private street were also provided and modified as part of the Planning Commission review. Mr. Todd Gerhardt Lake Harrison - Broughton et al Response May 4, 2005 Page 5 In order to permit private streets, the city must find that the following conditions exist: a. The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. b. After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. c. The use of the private street will permit enhanced protection of the city's natural resources specifically bluffs and forested areas. The city may grant a variance (street grade and private street) from the regulations contained within the Subdivision Ordinance as part of the plat approval process following a finding that all of the following conditions exist: a. The hardship is not a mere inconvenience. b. The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. c, The conditions upon which the request is based are unique and not generally applicable to other property, d, The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent ohhis chapter, the zoning ordinance and comprehensive plan, Issue 3: Public notice was not properly documented or communicated concerning a variance for construction of a private street connecting Lots 11 & 12, Block 1 to Highover Trail. The private street variance was not included in the public notice printed in the Chanhassen Villager on April 7,2005. The private street variance was not included or mentioned in the Staff Report for the April 19, 2005 Planning Commission meeting. Issue 3 Response: The following is the public hearing notice: "NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, April 19, 2005, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for Rezoning from Rural Residential, RR, to Single Family Residential, RSF; Subdivision review for 40 Lots, 3 Outlots and public right-of-way with Variances; and a Wetland Alteration Permit for the grading and filling of wetlands on site, property consisting of 62 acres located at 6950 Galpin Boulevard - Lake Harrison. Applicant: The Pemtom Land Mr. Todd Gerhardt Lake Harrison - Broughton et al Response May 4, 2005 Page 6 Company." While the specific variances were not named, it is clear that variances were included as part of the application. The private street was discussed within the report and as part of the public hearing process, findings for approval addressing the private street were also provided and modified as part of the Planning Commission review. Issue 4: Lack of information needed for important decision-making concerning wetlands and lot delineations: the DNR Ordinary High Water (OHW) of Lake Harrison has not been determined and will not be available for 1-2 months. Issue 4 Response: While it is true that we don't have the final determination of the OHW and we only have a preliminary wetland delineation, these items have been addressed within the conditions of approval for the preliminary plat. The developer has been advised that if the wetland delineation or OHW determination create unbuildable lots, they will lose those lots. Issue 5: The current, proposed plans have not satisfied the minimum replacement requirements of replacing impacted wetlands at a 2: 1 ratio, The applicant is required to demonstrate and document how replacement will be satisfied to ensure the 2: 1 replacement ratio for all impacted wetlands. Currently, the proposed replacement plan is deficient 69,017 square feet (1.58 acres) of wetland mitigation. Issue 5 Response: The applicant could have proposed the entire wetland mitigation on site. However, that would result in additional tree removal. The applicant is working with staff to develop some off site wetland mitigation that would not impact trees. Again, there are conditions of approval for the subdivision and wetland alteration permit that would address these concerns. Issue 6: The environmental impacts of the Lake Harrison Development and the opinions of the City Staff were not properly reviewed and discussed. The Staff Report raised serious environmental issues that were not addressed at the Planning Commission meeting on April 19, 2005. On page 5 ofthe Staff Report for Case No. 05-14 under "BLUFFS" it is stated: "The applicant has located two lots on the western bluff and is requesting variances to build homes on Lots 11 and 12. Staff strongly recommends denial of the variances. Construction activities, location of structures and future use of the area by the property owners will have lasting, detrimental effects on the bluff and the wetland, Lake Harrison below. It is in the best interest of the public good that the bluff be preserved as required by ordinance to protect the environmental and water quality of the site." Although the variance was denied, the applicant is still planning to develop Lots 11 and 12, Block 1. Mr. Todd Gerhardt Lake Harrison - Broughton et at Response May 4, 2005 Page 7 Issue 6 Response: The Planning Commission did recommend denial of the bluff setback variance. We believe that the lots can be developed without these variances. Staff was strongly opposed to permit the bluff setback encroachment. However, if the lot can be developed within the confines of the zoning requirements, including complying with the bluff setback and buffer, then the lot should be approved. Issue 7: The Compliance table on page 13 of the Staff Report shows a setback variance required for both lots 11 and 12, Block 1. The variances for Lots 11 and 12, Block 1 have been denied, but the Planning Commission Meeting minutes of April 19, 2005 recommend construction of the private street and cul-de-sac on Lot 11, Block 1. This is confusing, not allowed without a variance, and could be interpreted to mean the variance was granted for Lot 11, Block 1. Issue 7 Response: The Planning Commission did vote to recommend denial of the bluff setback variance (for the house on Lot 12) and approval of the private street variance. However, these are only recommendations and will be decided by the City Council. The house on Lot 11 would meet the bluff setback. Staff had assumed there was a setback variance. The retaining is proposed to encroach in to the setback, but not the bluff impact zone. This is permissible. Issue 8: The applicant officially requested approval for 39 lots. The Planning Commission Meeting Minutes from April 19, 2005 documented the approval of 40 lots. Issue 8 Response: As a condition of approval, the city is requiring that the eastern portion of Outlot A be platted as a block and lot. Issue 9: Incomplete or deficient applications should not be scheduled for a Planning Commission Meeting. Refer to City Ordinance 20-109. Sec. 20-109. Applications. Application for a site plan review shall be made to the city planner on forms provided by the city and shall be filed 30 days in advance of the planning commission meeting at which it is to be considered. Incomplete or deficient applications shall not be scheduled for a meeting unless the community development director has determined that official action is warranted. Issue 9 Response: The reference is to site plans. There are no site plan review requirements for single-family homes. Issue 10: The applicant is proposing to entirely fill two Type 3 wetland areas (Wetland F and Wetland G) to accommodate additional housing pads. This proposal and insensitive approach to wetland encroachment is unnecessary and based entirely on economic considerations. A feasible and prudent alternative Mr. Todd Gerhardt Lake Harrison - Broughton et al Response May 4, 2005 Page 8 certainly exists to avoid the proposed wetland impacts. Refer to Minnesota Rules 8420.0520 Subpart 3. C. (4) (e). 8420.0520 SEQUENCING. Subp. 3. Determination of impact avoidance. C. Alternatives analysis: (4) The local government unit shall consider the following in evaluating alternatives as applicable: (e) the physical, economic, and demographic requirements ofthe project. Economic considerations alone do not make an alternative not feasible and prudent. Issue 10 Response: The majority of the wetland impacts are due to the roadway alignment. The westerly isolated wetland is being impacted by the grading for the roads and abutting lots. The easterly isolated wetland is being impacted to create acceptable building sites. The city is attempting to preserve the large wetland complexes within the development in Outlots A, Band C.