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CC Staff Report 09-22-2014CITY OF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952 227,1130 Fax 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 /4- J. MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: September 22, 2014 kir/. SUBJ: Vistas at Bentz Farm — Planning Case #2014 -18 PROPOSED MOTION "The Chanhassen City Council approves rezoning the property from Agricultural Estate (A -2) to Residential -Low & Medium Density (RLM); a Conditional Use Permit to permit development within the Bluff Creek Corridor; and Preliminary Plat approval for 15 lots, 4 outlots and public right of way with Variances for the use of a private street for a single - family detached subdivision subject to the conditions of the staff report, and adopts the Findings of Fact." Approval requires a majority vote of the entire city council. EXECUTIVE SUMMARY The applicant is requesting rezoning of the property from Agricultural Estate (A -2) to Residential -Low & Medium Density (RLM) to permit a single - family development; a Conditional Use Permit to permit development within the Bluff Creek Corridor; and Preliminary Plat approval for 15 lots, 4 outlots and public right of way with Variances for the use of a private street for a single - family detached subdivision. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on September 2, 2014 to review the proposed development. The Planning Commission voted 5 — 0 on a motion recommending approval of the project. Planning Commission had no issues or concerns regarding the proposal. The Planning Commission minutes of September 2, 2014 are in the City Council consent agenda packet for September 22, 2014. RECOMMENDATION Staff recommends approval of the Vistas at Bentz Farm development including rezoning, Senior Center conditional use permit and preliminary plat, plans prepared by Sathre - Bergquist, Inc., dated Phone: 952.2271125 5115114, revised 5/22/14 and 7/25/14, subject to the conditions of the staff report dated Fax: 952.227.1110 September 2, 2014. Web Site ATTACHMENTS www.ci.chanhassen.mn.us 1. Rezoning Ordinance. 2. Planning Commission Staff Report Dated September 2, 2014. g:\plan\2014 planning cases\2014 -18 vistas at bentz farm \08 -01-2014 msubmittal\executwe summary.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA M 9010EW10i O►1171 AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning from Agricultural Estate (A2) to Residential -Low & Medium Density (RLM), for property within the Vistas at Bentz Farm development, with the following legal description: Lots 1 through 11, Block 1 and Lots 1 through 4, Block 2, Vistas at Bentz Farm, Carver County, Minnesota. Section 2. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 22 a day of September, 2014, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on PROPOSED MOTION: "The Chanhassen Planning Commission recommends City Council approve rezoning of the property from Agricultural Estate (A -2) to Residential -Low & Medium Density (RLM); a Conditional Use Permit to permit development within the Bluff Creek Corridor; and Preliminary Plat approval for 15 lots, 4 outlets and public right of way with Variances for the use of a private street for a single - family detached subdivision subject to the conditions of the staff report, and adopts the Findings of Fact and Recommendation." SUMMARY OF REQUEST: The developer is requesting Rezoning from Agricultural Estate (A2) to Residential -Low & Medium Density (RLM); a Conditional Use Permit to permit development within the Bluff Creek Corridor; and Preliminary Plat with Variances creating 15 lots, 4 outlets and public right of way — VISTAS AT BENTZ FARMS. LOCATION: APPLICANT: 7280 and 7300 Galpin Boulevard PID 25- 0101510 & 25- 01001700 ME Jason Biederwolf Marlene Bentz Homestead Partners, LLC 8592 Power Place 525 15a Avenue South Chanhassen, MN Hopkins, MN 55343 (612) 272 -9701 jasonb@homestead-partners.com PRESENT ZONING: Agricultural Estate District (A -2) Mr. & Mrs. Douglas Bentz 7280 Galpin Boulevard Chanhassen, MN 2020 LAND USE PLAN: Residential Low Density (Net Density 1.2 — 4.0 units per acre) ACREAGE: 19.645 acres DENSITY: gross: 0.76 units per acre; net: 1.65 units per acre 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. SCANNED Planning Commission Vistas at Bentz Farms — Planning Case 2014 -18 September 2, 2014 Page 2 of 18 The City's discretion in approving or denying a variance in conjunction with a subdivision is limited to whether or not the proposed project meets the standards in the Subdivision Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi - judicial decision. The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL /SUMMARY The applicant is requesting rezoning of the property from Agricultural Estate (A -2) to Residential - Low & Medium Density (RLM); a Conditional Use Permit to permit development within the Bluff Creek Corridor; and Preliminary Plat approval for 15 lots, 4 outlots and public right of way with Variances for the use of a private street for a single - family detached subdivision. This project was previously reviewed with an additional 7 acres in the northwest corner of the area. However, that parcel has since been removed from the project. The property has a high point in the northeast portion of the site with an elevation of 986 adjacent to Galpin Boulevard. The low point is adjacent to Bluff Creek and in the wetland area on the west with an elevation of approximately 954. To the north, there remains one parcel zoned A -2 containing a single - family home and a horse stable, which on the site plan is shown as a ghost plat. To the west of preserved open space are single - family homes zoned Planned Unit Development — Residential (PUD -R) within the Meadows at Longacres development. To the south is vacant land zoned A -2 which is proposed to be preserved as part of the Chanhassen Apartment project (Planning Case #2013 -07). East across Galpin Boulevard are single - family homes zoned PUD -R within the Walnut Grove development (PUD #96 -4). While not listed on the historical registry, the Lyman Farm, has significance to the history of Chanhassen. The applicant shall work with the Carver County Historical Society to create and install a historic marker or plaque for the property commemorating the Lyman Farm. APPLICABLE REGULATIONS Chapter 18, Subdivisions Chapter 20, Article IV, Conditional Use Permits Chapter 20, Article VI, Wetland Protection Chapter 20, Article XIV, Division 1, Residential Low and Medium Density District Chapter 20, Article XXXI, Bluff Creek Overlay District Planning Commission Vistas at Bentz Farms — Planning Case 2014 -18 September 2, 2014 Page 3 of 18 On May 27, 2014, City Council revoked Conditional Use Permit #1984 -20 for a contractor's yard on the site. On February 4, 1985, City Council approved a Conditional Use Permit ( #1984 -20) for contractor yard activities at 7300 Galpin Boulevard. On November 7, 1984, the Chanhassen City Council approved the subdivision of the two lots within this project as part of a four -lot subdivision. A 60 -foot easement, 30 feet of which is along the north line of this development, was required to provide access to the parcel to the northwest of this development. The property is guided for Residential — Low Density uses. The Residential — Low Density designation permits net densities of 1.2 to 4.0 units per net acre. Appropriate zonings consistent with this land use designation include Residential Low and Medium Density District (RLM), Planned Unit Development — Residential (PUD -R), Single - Fancily Residential (RSF) and Mixed Low Density Residential (R4). The applicant is requesting to rezone approximately 19.6 acres from Agricultural Estate District (A -2) to Residential Low and Medium Density District (RLM). The project consists of 15 single - family detached units. The proposed rezoning is consistent with the comprehensive plan. The RLM District is intended to be used where large areas of upland will be preserved or created as permanent open space to balance the higher hard surface coverage permitted on individual lots, which the project is doing in the southwest comer of the project. The lots within the Shoreland Protection District are required to meet the minimum 90 feet of frontage, 15,000 square feet of lot area and 25 percent hard surface coverage specified within the Shoreland district. The outlots adjacent to the north project boundary ( Outlots B, C and D) and the outlot containing the Bluff Creek Overlay District primary zone (Outlot A) will not be rezoned at this time. CONDITIONAL USE PERMIT BLUFF CREEK OVERLAY DISTRICT The City of Chanhassen established the Bluff Creek Overlay District (BCOD) by ordinance in 1998 to protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of careful site design and other low- impact practices. This parcel is partially encumbered by the Bluff Creek Overlay District. The primary zone includes the wetland area on the west side of the development, the upland area surrounded by the wetland and Bluff Creek and the wooded area adjacent to Bluff Creek. Planning Commission Vistas at Bentz Farms — Planning Case 2014 -18 September 2, 2014 Page 4 of 18 The primary corridor is designated permanent open space. No alterations are allowed within the primary corridor or within the first 20 feet of the setback from the primary corridor. All structures must meet the 40 -foot setback from the primary corridor. A conditional use permit must be issued by the city for all subdivisions prior to alteration of any land with the BCOD. Land within the primary corridor may be dedicated to the city. The developer shall install signage at lot lines and at intervals of 300 feet along the south portion of Lot 1 to demarcate the Bluff Creek Primary Zone. The applicant is requesting Preliminary Plat approval for 15 lots, 4 outlots and public right of way, including additional right of way for Galpin Boulevard, with a variance for the use of a private street. The development consists exclusively of single - family detached homes. The development must comply with the requirements of the RLM district except those lots which are within the Shoreland Protection District (Lots 1 -4) which must comply with those additional standards. BLUFF CREEK OVERLAY DISTRICT The Bluff Creek Overlay District was created in conjunction with the Bluff Creek Watershed Natural Resources Management Plan in December 1996 to provide protection for Bluff Creek from the deleterious effects of urbanization through the promotion of "innovative development techniques such as cluster development... to measurably reduce the amount of impervious cover compared to traditional development..."' In addition, the Bluff Creek Watershed Natural Resources Management Plan sought to provide a continuous corridor from Minnewashta to the Minnesota River providing habitat, a greenway corridor and recreational opportunities. Another primary plan goal was the provision of educational opportunities for the students of Bluff Creek Elementary School and others. This property lies within the Bluff Creek Overlay District. The overlay district shall include, at a minimum, the 50 -foot setback from Bluff Creek as well as any significant ecological features.' In particular, it shall include the wetland area and the required buffer. Code requires a twenty (20) foot setback from the overlay district where disturbance should be avoided but may be allowed with caveats if necessary. In reviewing the plans, staff found the line work to be cumbersome to decipher. The developer's engineer shall work with staff to provide more clear and concise demarcation of the Bluff Creek Overlay District and the setback from the Bluff Creek Overlay District. Where the wetland buffer (to be discussed in the following section) is contained within the Bluff Creek Overlay District, it is not necessary to show the buffer as this overlay district will provide the protections that would otherwise result from the establishment of buffers. The Bluff Creek Overlay District boundary shall be demarcated with appropriate signage at all points of intersection with lot lines ' Section 20- 1551(c) 2 Section 20 -1561 Planning Commission Vistas at Bentz Farms — Planning Case 2014 -18 September 2, 2014 Page 5 of 18 and at all major angle points. This signage must be shown on the plat, site plan and erosion control drawings. As no grading is allowed within the primary zone of the overlay district, this signage shall be installed prior to any earth - disturbing activities. The Bluff Creek Natural Resources Management Plan identifies the preservation of a continuous greenway from Minnewashta Regional Park to the Minnesota River as a goal. The preservation of a greenway will also protect Bluff Creek from the effects of increased runoff volume and rates. Lastly, the preservation of a greenway will help meet the requirements of the Total Maximum Daily Load Implementation. Outlot A, encompassing the large wetland area and Bluff Creek, shall be dedicated to the City to meet these goals. This area shall then be removed from any surface water management connection charges. This reduces the connection charges from $102,374.40 to $54,172.00, or a reduction of $48,202.40. WETLANDS, BLUFFS AND SHORELAND The most southerly portion of the property lies within the shoreland overlay district for Bluff Creek. The extent of the shoreland district is shown on the plan set and the lots meet the minimum requirements as set forth in Chapter 20 of City code. One wetland was identified on the property. This wetland was delineated on August 16, 2013 by Arrowhead Environmental Consulting. The Technical Evaluation Panel met on site on September 6, 2013 and, with one minor change, approved the delineation. It appears that the drawings accurately reflect the appropriate buffer and setback locations but not the appropriate wetland boundary. The ALTA survey must be changed to reflect the approved wetland boundary per the September 24, 2013 WCA decision. No bluffs were identified on the subject property. STORMWATER MANAGEMENT Under existing conditions, the entire site drains and a portion of the adjoining property to the north drains to the south and west towards Bluff Creek. The proposed conditions still directs this same watershed towards Bluff Creek but sends the majority of the developed land into two ponds. The exception to this can be found in the backyards of Lots 3 through 7 which will sheet drain directly to the wetland adjacent to Bluff Creek. All new impervious surfaces will be routed to the proposed stormwater best management practices. Because this will result in greater than one acre of new impervious, it must meet the requirements set forth in the General Permit Authorization to Discharge Stormwater Associated Planning Commission Vistas at Bentz Farms — Planning Case 2014 -18 September 2, 2014 Page 6 of 18 with Construction Activity Under the National Pollution Discharge Elimination System/State Disposal System Program ( NPDES Construction Permit). In addition to erosion prevention and sediment control practices, this includes permanent stormwater management as discussed in Part IILD of the permit. This section of the permit requires that the first inch of runoff from impervious surfaces is retained on site. If infiltration is prohibited (see Part III.D.I j), other methods of volume reduction should be evaluated. In either case, that water quality volume must be treated. The applicant is proposing two wet detention ponds with a filtration bench feature on the more northerly pond. The filtration bench shall be lined to prevent inflow to the filtration material through the side and bottom of the trench. This is also necessary as there is not the required minimum three (3) feet of separation from the ground water. The applicant is providing rate control and water quality improvements through the installation of two wet detention ponds. Infiltration is infeasible due to the poorly drained clay soils and the shallow water table on the site. For this reason, the applicant is proposing to install a filtration bench on Pond #1 to filtrate 1.1 inches of runoff volume from the newly- created impervious surface. The NPDES Construction Permit requires that "where a project's ultimate development replaces vegetation ...with one (1) or more acres of cumulative impervious surface, the Permitee(s) must design the project so the water quality volume of one (1) inch of runoff from the new impervious surfaces... is retained on site (i.e. infiltration or other volume reduction practices) and not discharged to a surface water."' When the site constraints are such that infiltration is prohibited as listed in Part III.D.I J of the NPDES Construction Permit, "the Permitee shall consider other methods of volume reduction and the water quality volume ... must be treated prior to the discharge of stormwater to surface waters." The MN Pollution Control Agency oversaw the Minimal Impact Design Standards development. The working group consisted of 39 members representing a diverse audience include the American Public Works Association/MN Chapter, MN County Planning and Zoning Administrators, Engineering Consultants, Developers, the Commercial Real Estate Development Association, the Builders Association and others. The developed standards provide a number of volume reduction methods. The applicant must demonstrate the feasibility of alternate methods of volume reduction to justify the absence of any volume reducing management practices as is currently proposed. The proposed sediment ponds and filtration bench will meet the water quality volume for treatment as required by the NPDES Construction Permit as well as by Chapter 19 of Chanhassen City Code. The applicant must comply with all other agency with regulatory authority over the project area. 'Part III of General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination System /State Disposal Program Planning Commission Vistas at Bentz Farms — Planning Case 2014 -18 September 2, 2014 Page 7 of 18 The proposed sediment ponds and filtration bench will meet the water quality volume for treatment as required by the NPDES Construction Permit as well as by Chapter 19 of Chanhassen City Code. The applicant must comply with all other agency with regulatory authority over the project area. Long -term pond maintenance is becoming a larger portion of the city's maintenance budget. It is far more cost effective to proactively reduce sediment delivery to the ponds than it is to dredge the ponds out as needed. The pond designs shall include either the installation of forebays as described in the city's Surface Water Management Plan or provide for the installation of environmental manholes or four -foot or deeper sump manholes with a SAFL baffle at the last CBMH at station 21 +00 and at the CBMH located at the end of the private road. STORM WATER UTILITY The Surface Water Utility Charges are calculated based upon land use type and land area. Credits may be applied based upon storm water practices being implemented. The following table illustrates the Storm Water Utility Charges associated with the development of this parcel. GRADING Drainaae The proposed design maintains the same overall drainage pattern with some minor alterations for flood protection and water quality treatment. It has been staffs' experience that backyard drainage swales tend to lose functionality over time as homeowners alter drainage patterns with landscaping and other improvements. This issue is exacerbated as the grade becomes shallower. The swale behind Lots 13 and 14 shall have a drain tile installed from CBMH A6 to no less than 5 feet into Lot 15 to assure adequate drainage in this area. The preliminary plans do not show the locations of the proposed buildings. The final plan submittal must also show the proposed elevation at the proposed building comers, and the lots shall be graded to drain away from building locations. The lowest building opening for properties adjacent to an Emergency Over -Flow (EOF) must be a minimum of one foot above the EOF elevation. The grading plan must show proposed elevations at the center of the proposed driveway at the curb line. The maximum allowed driveway grade is 10 %. The plans must identify proposed stockpile areas. Area Rate Total Water Quality 11.00 ac $2,990/ac $32,890.00 Water Quantity 11.00 ac $4,270 /ac $46,970.00 Treatment BMP Credit 15.20 ac $2,990(0.5)/ac ($22,724.00) $57,136.00 GRADING Drainaae The proposed design maintains the same overall drainage pattern with some minor alterations for flood protection and water quality treatment. It has been staffs' experience that backyard drainage swales tend to lose functionality over time as homeowners alter drainage patterns with landscaping and other improvements. This issue is exacerbated as the grade becomes shallower. The swale behind Lots 13 and 14 shall have a drain tile installed from CBMH A6 to no less than 5 feet into Lot 15 to assure adequate drainage in this area. The preliminary plans do not show the locations of the proposed buildings. The final plan submittal must also show the proposed elevation at the proposed building comers, and the lots shall be graded to drain away from building locations. The lowest building opening for properties adjacent to an Emergency Over -Flow (EOF) must be a minimum of one foot above the EOF elevation. The grading plan must show proposed elevations at the center of the proposed driveway at the curb line. The maximum allowed driveway grade is 10 %. The plans must identify proposed stockpile areas. Planning Commission Vistas at Bentz Farms — Planning Case 2014 -18 September 2, 2014 Page 8 of 18 The swale behind Lots 13 and 14 where the grade is 2% shall have a drain tile installed to assure adequate drainage in this area. Drainage enters the site from Galpin Boulevard at the northeast corner of the property. The existing condition does not have a defined ditch in that area, and runoff water flows overland onto the property where the retaining wall is proposed as well as the back yards of Lots 12, 13 and 14. The developer's engineer must work with city staff to revise the grading plan to either divert or collect this runoff. The developer's engineer shall work with city staff to evaluate the condition of the culverts in the Galpin Boulevard ditch and their capacity to carry additional stormwater runoff from this property. The developer's engineer must check the accuracy of the scale shown on the plan sheets. GRADING Erosion Prevention and Sediment Control Because this will result in greater than one acre of new impervious, it must meet the requirements set forth in the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination System/State Disposal System Program ( NPDES Construction Permit). As part of the NPDES the applicant must develop or cause to be developed a Surface Water Pollution Prevention Plan ( SWPPP) with all of the elements required under Part III of the permit. Section 18 -40 of Chanhassen city code requires that the SWPPP be provided with the preliminary plat submittal. In an effort to keep the process moving, the applicant must submit a SWPPP with the required elements to the city prior to final plat approval. The Minnesota Pollution Control Agency has available on their website, a SWPPP checklist that the applicant can reference. The SWPPP should be a single standalone document that assembles the required information in one place for ease of review, inspection, maintenance, modification and assurance of compliance. RETAINING WALLS The developer proposes a retaining wall on this site. It will run north to south at the back of Lots 13, 14 and 15. The grading behind the retaining wall must be modified so that water will not drain down the face of the wall. It is approximately 235 feet long and has a maximum height of 12 feet. This wall shall be designed by a professional engineer registered in the state of Minnesota. The following materials are prohibited for retaining wall construction: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. Walls taller than 6 feet shall not be constructed with boulder rock. Planning Commission Vistas at Bentz Farms — Planning Case 2014 -18 September 2, 2014 Page 9of18 A Homeowners Association (HOA) must be created to take ownership and maintenance responsibility of the retaining wall and any drain tile that will cross property lines. STREETS The proposed street plan consists of two streets, one public and one private. The public street will be called Fawn Hill Road and the ghost plat shows that it is planned to connect to the existing Fawn Hill Road once the parcel between the two develops. Until the connection is made, the proposed roadway will end in a hammerhead. The alignment consists of reverse curves to discourage future through traffic. The roadway is 31 feet wide within a 60 -foot right of way. The cars from Fawn Hill Road turning onto Galpin Boulevard will have a sight distance of 1,000 feet or more in each direction, which is adequate (per the MnDOT Road Design Manual) for intersection sight distance for a stopped minor road turning onto a major road. The sight distance was confirmed by staff by the Carver County aerial survey contours from 2011 and visual inspection of the site. The private street will be named Lyman Lane. It is a 317 -foot long cul -de -sac with a 90 -foot diameter. Lyman Lane is 20 feet wide within 30 feet of right of way. It intersects with Fawn Hill Road 100 feet from the intersection with Galpin Boulevard. Curb and gutter are required for this private street. The plans show that the farm drives that are currently used for access to the property would remain in place. If left in place, the drives will appear to be accesses off of Galpin Boulevard. The Engineering Department's preference is to remove the farm drives and the culverts underneath them. The developer's engineer shall work with Carver County staff to accomplish this. Unless the property to the northwest is combined with the property to the north of this development as a zoning lot, which is ghost platted in conjunction with this plat, the developer will be required to show how access to this parcel will be provided. This may impact the lots along the northern edge of the development Private streets serving up to four lots may be permitted in residential developments with a density of less than four units per acre if the criteria in variance Section 18 -22 are met and upon consideration of the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to constrict 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. Planning Commission Vistas at Bentz Farms — Planning Case 2014 -18 September 2, 2014 Page 10 of 18 (2) 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. (3) The use of a private street will permit enhanced protection of the city's natural resources including wetlands and forested areas. The use of the private street meets the criteria specified in city code. SANITARY SEWER AND WATERMAIN The developer proposes to construct new 8 -inch watermain that will connect to the existing 20- inch DIP watermain that runs parallel to Galpin Boulevard. The proposed watermain pipe shall by C900. The developer proposes to construct new 8 -inch PVC sanitary sewer that will connect to the existing manhole approximately 100 feet north of the intersection of Galpin Boulevard and West 78`h Street. An assessment for the Lake Ann Interceptor improvements from 2003 is outstanding for this property. The principal of $187.50 must be paid or reassessed to the individual lots at the time of final plat. An assessment for water and sewer improvements from 2002 is outstanding. The principal of $38,922.00 must be paid or reassessed to the individual lots at the time of final plat. Water and sewer partial hook -ups are due at the time of final plat. The partial hook -up fees will be assessed at the rate in effect at that time. EASEMENTS AND EXISTING CONDITIONS The title survey shows a 30 -foot roadway easement on the northern property line of Parcel 2. The City has no record of this easement. The developer shall update the title search for this property and find the documentation for this easement. LANDSCAPING The applicant for the Vistas at Bentz Farms development has submitted tree canopy coverage and preservation calculations. They are as follows: Total upland area (excluding wetlands) 15 ac. or 656,097 SF Baseline canopy coverage 43% or 287,870 SF Planning Commission Vistas at Bentz Farms — Planning Case 2014 -18 September 2, 2014 Page 11 of 18 Minimum canopy coverage allowed 35% or 229,633 SF Proposed tree preservation 26% or 171,665 SF The developer does not meet minimum canopy coverage allowed; therefore, the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage 57,968 SF Multiplier 1.2 Total replacement 69,561 SF Total number of trees to be planted 63 trees The total number of trees required for the development is 63. Applicant has proposed a total of 64 trees. A minimum of one tree in each front yard is required per city ordinance. The applicant is required to provide bufferyard plantings along Galpin Blvd. Bufferyard requirements are as shown in the table: Landscaping Item Required Proposed Bufferyard B — East 8 overstory trees Proposed buffer yard — north of entry: property line, Galpin 16 understory trees 17 existing overstory trees Blvd., 1000', 30' width 22 shrubs Thick understory trees and shrubs Proposed buffer yard — south of entry: 5 overstory trees 12 understory trees 11 shrubs + 5 existing preserved trees. Applicant constructing berms Applicant meets bufferyard landscaping requirements. The applicant is proposing to preserve five overstory trees in the southern half of the bufferyard along Galpin Boulevard. The tree (#416) closest to the entry drive is a blue spruce in poor condition. Staff recommends that this tree be removed due to its poor quality. The next tree to the south is a large willow (#421) that has a good appearance, but has lost a second trunk which will be visible once the leaves have dropped. There may also be decay in the stem which would make it more likely to fail. The southernmost tree to be preserved is a sugar maple ( #432) in good condition and extra measures should be taken to insure that the health of the tree remains as such. Tree protection fencing shall be installed at the edge of the dripline and the berm and bufferyard grading shall not encroach into the dripline area. The applicant is also proposing to save the existing trees on the north half of the bufferyard area along Galpin Boulevard. Staff recommends that all hazard or diseased trees within the area be removed prior to final acceptance of the completed development. Planning Commission Vistas at Bentz Farms — Planning Case 2014 -18 September 2, 2014 Page 12 of 18 MISCELLANEOUS A three -foot clear space must be maintained around fire hydrants. Prior to combustible construction, fire hydrants must be made serviceable. Temporary street signs shall be installed prior to and during construction. Prior to combustible construction, fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. No burning permits will be issued for trees, brush that is removed. The center island in the proposed cul du sac is not allowed. Submit proposed private street name to Chanhassen Fire Marshal and Building Official for review and approval. An additional fire hydrant will be required at the northwest comer of Galpin Boulevard and Fawn Hill Road. "No Parking Fire Lane" signs will be required on the east side of the private drive /road. Spacing shall be 75 feet, wording on both sides of posts. Contact Chanhassen Fire Marshal for more information if needed. Provide a 1:200 "clean" plat drawing. Demolition permits required for the removal of any existing structures. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. Retaining walls over four feet high require a permit and must be designed by a professional engineer. Each lot must be provided with separate sewer and water services. The applicant and/or their agent shall meet with the hnspections Division as early as possible to discuss plan review and permit procedures. PARKS AND RECREATION Parks This property is located within the neighborhood park service area for Sugarbush Park. Sugarbush Park is a five -acre public park that features an open field, basketball court, playground, swings, and a trail loop. The park is located 700 feet north of the Vistas at Bentz Farm road connection to Galpin Boulevard. Trails The subject site is located across the street from the Galpin Boulevard pedestrian trail. Until additional future pedestrian improvements are complete, residents residing in the Vistas at Bentz Farm will need to cross Galpin Boulevard at an uncontrolled intersection to gain access to the city trails system. Park and Trail Conditions of Approval Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for Vistas at Bentz Farms. The park fees will be collected in fall at the rate in force upon final plat submission and approval. Based upon the current proposed lot count of 15 homes and the city's 2014 single - family park fee of $5,800 per unit, the total park fees for Vistas at Bentz Farms would be $87,000. Planning Commission Vistas at Bentz Farms — Planning Case 2014 -18 September 2, 2014 Page 13 of 18 COMPLIANCE TABLE @ 100 feet of frontage if accessed via a private street. Setbacks: Front — 25 ft. from ROW or private street easement, side — 5 ft. on garage side and 10 ft. on house side, rear — 25 ft., Bluff Creek primary — 40 ft., wetland — 20 ft. buffer and 30 ft. buffer setback. Hard Coverage: 35% except in shoreland which is 25% Area (s q. ft. ) Frontage (ft. ) Depth (ft.) Notes Code (RLM ) 9,000 50 110 Code Shoreland 15,000 90 125 Lot 1 81,460 104@ 340 Shoreland, Bluff Creek primary, private street, wetland Lot 2 34,540 100@ 397 Shoreland, Bluff Creek primary, private street, wetland Lot 3 42,680 100@ 424 Shoreland, Bluff Creek primary, private street, wetland Lot 4 46,226 100@ 334 Bluff Creek primary, private street, wetland Lot 5 18,917 50 180 Bluff Creek primary, wetland Lot 6 16,630 81 236 Bluff Creek primary, wetland Lot 7 15,642 70 226 Bluff Creek primary, wetland Lot 8 16,266 80 246 Bluff Creek primary, wetland Lot 9 14,792 97 264 Bluff Creek primary, wetland Lot 10 18,423 71 263 Bluff Creek primary, lot has 233 sq. ft. of wetland, wetland Lot 11 18,275 71 261 Bluff Creek primary, wetland Lot 12 17,017 82 129 Corner lot Lot 13 21,077 69 207 Double front Lot 14 15,066 66 199 Double front Lot 15 18,616 207 176 Corner lot Outlot A 343,159 Bluff Creek primary zone, 7.87acres Outlot B 21,783 Pond and future development, 0.5 acre Outlot C 415 Future development, 0.01 acre Outlot D 5,836 Future development, 0.13 acre ROW 33,563 2. acres Total 855,753 19.645 acres @ 100 feet of frontage if accessed via a private street. Setbacks: Front — 25 ft. from ROW or private street easement, side — 5 ft. on garage side and 10 ft. on house side, rear — 25 ft., Bluff Creek primary — 40 ft., wetland — 20 ft. buffer and 30 ft. buffer setback. Hard Coverage: 35% except in shoreland which is 25% Planning Commission Vistas at Bentz Farms — Planning Case 2014 -18 September 2, 2014 Page 14 of 18 The applicant must calculate the lot areas of Lots 1 through 4 excluding the lot area encompassed within the private street easement. Outlots B, C and D are undevelopable by themselves, but may be combined with the properties to the north to create future lots or added to the properties to the south to expand their lot area. RECOMMENDATION Staff recommends that the Planning Commission approve the project subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: Rezoning 1. The rezoning shall apply only to the platted lots within Vistas at Bentz Fan-as and exclude the outlots. Conditional Use Permit 2. Dedicate Outlot A to the City as permanent open space. Subdivision Building Official Conditions 1. Provide a 1:200 "clean" plat drawing. 2. Demolition permits are required for the removal of any existing structures. 3. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 5. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 6. Each lot must be provided with separate sewer and water services. 7. The applicant and /or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. Planning Commission Vistas at Bentz Farms — Planning Case 2014 -18 September 2, 2014 Page 15 of 18 Engineering Conditions 1. The developer shall update the title search for this property and find the documentation for the roadway easement on Parcel 2. 2. The final plan submittal must show the proposed elevation at the proposed building corners. 3. Proposed lots shall be graded to drain away from building locations. 4. The grading plan must show proposed elevations at the center of the proposed driveway at the curb line. 5. The lowest building opening for properties adjacent to an Emergency Over -Flow (EOF) must be a minimum of 1 foot above the EOF elevation. 6. The plans must identify proposed stockpile areas. 7. The retaining wall must be designed by a professional engineer registered in the state of Minnesota. 8. The following materials are prohibited for retaining wall construction: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. Walls taller than 6 feet shall not be constructed with boulder rock. 9. A Homeowners Association (HOA) must be created to take ownership and maintenance responsibility of the retaining wall and any drain tile that will cross property lines. 10. Curb and gutter are required for the private street. 11. The engineering department's preference would be to remove the farm drives and the culverts underneath them. The developer's engineer shall work with Carver County staff to accomplish this. 12. The proposed watermain pipe shall by C900. 13. An assessment for the Lake Ann Interceptor improvements from 2003 is outstanding for this property. The principal of $187.50 must be paid or reassessed to the individual lots at the time of final plat. 14. An assessment for water and sewer improvements from 2002 is outstanding. The principal of $38,922.00 must be paid or reassessed to the individual lots at the time of final plat. 15. Water and sewer partial hook -ups are due at the time of final plat. The partial hook -up fees will be assessed at the rate in effect at that time. Planning Commission Vistas at Bentz Farms — Planning Case 2014 -18 September 2, 2014 Page 16 of 18 Fire Marshal Conditions 1. A three -foot clear space must be maintained around fire hydrants. 2. Prior to combustible construction, fire hydrants must be made serviceable. 3. Temporary street signs shall be installed prior to and during construction. 4. Prior to combustible construction, fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 5. No burning permits will be issued for trees, brush that is removed. 6. The center island in the proposed cul du sac is not allowed. 7. Submit proposed private street name to Chanhassen Fire Marshal and Building Official for review and approval. 8. An additional fire hydrant will be required at the northwest comer of Galpin Boulevard and Fawn Hill Road. 9. "No Parking Fire Lane" signs will be required on the east side of the private drive /road. Spacing shall be 75 feet, wording on both sides of posts. Contact Chanhassen Fire Marshal for more information if needed. Natural Resource Specialist Conditions 1. Tree protection fencing will be required around any preserved trees. It shall be installed prior to grading. 2. Tree preservation fencing shall be installed at the dripline around tree 9432. The applicant shall revise the grading plan to show no grading within a 20' diameter around the trunk of the tree, with the exception of the street installation to the west of the tree. 3. The applicant shall remove all hazard and diseased trees in the bufferyard area prior to final acceptance of the completed development. 4. Each lot shall have a minimum of three trees planted, at least one of those trees must be in the front yard. 5. In the plant schedule, the applicant should correct Picea abies as Norway spruce, not Norway pine. Planning Commission Vistas at Bentz Farms — Planning Case 2014 -18 September 2, 2014 Page 17 of 18 Parks Conditions Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected at the time of final plat recording. Planning Conditions The applicant needs to calculate the lot areas of Lots 1 through 4 excluding the lot area encompassed within the private street easement. 2. Lots within the development are limited to single - family detached homes. 3. The applicant shall work with the Carver County Historical Society to create and install a historic marker or plaque for the property commemorating the Lyman Farm. 4. Unless the property to the northwest is combined with the property to the north of this development as a zoning lot, which is ghost platted in conjunction with this plat, the developer will be required to show how access to this parcel will be provided. Water Resource Specialist Conditions The developer's engineer shall work with staff to provide more clear and concise demarcation of the Bluff Creek Overlay District and the setback from the Bluff Creek Overlay District. 2. The Bluff Creek Overlay District boundary shall be demarcated with appropriate signage at all points of intersection with lot lines and at all major angle points. This signage shall be show on the plat, site plan and erosion control plan. 3. All signage for the Bluff Creek Overlay District shall be installed prior to any earth - disturbing activity unless otherwise approved by the City in writing. 4. That portion of the Bluff Creek Overlay District and applicable setback disturbed for site grading shall be vegetated in native vegetation and a planting plan and schedule shall be provided. 5. Outlot A shall be dedicated to the City. 6. The swale behind Lots 13 and 14 shall have a drain tile installed as part of the site grading and utility installation. This shall be included before final plat approval. 7. The pond designs shall include either the installation of forebays as described in the City's Surface Water Management Plan or provide for the installation of environmental manholes or four -foot or deeper sump manholes with a SAFL baffle at CBMH A2 and B2. Planning Commission Vistas at Bentz Farms — Planning Case 2014 -18 September 2, 2014 Page 18 of 18 The pond designs shall include either the installation of forebays as described in the City's Surface Water Management Plan or provide for the installation of environmental manholes or four -foot or deeper sump manholes with a SAFL baffle at CBMH A2 and B2. The filtration bench shall be lined with an impervious geotextile fabric to prevent intrusion of ground water into the trench and due to the lack of adequate separation to water table. 9. A comprehensive, stand -alone SWPPP document with all elements required by Part III of the NPDES construction permit shall be prepared and submitted to the City for review and comment before final plat approval. 10. The applicant must demonstrate the infeasibility of alternate methods of volume reduction to justify the absence of any volume reducing management practices as is currently proposed before final plat approval. 11. The applicant must comply with the requirements of all other jurisdictional agencies with authority over the project area. 12. Surface Water Management connection charges are estimated to be $57,136.00. This connection charge will be due at the time of final plat. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Letter from Matt Hanish to Bob Generous dated 7/30/14. 3. Development Review Application. 4. Reduced Copy Preliminary Site Plan. 5. Reduced Copy ALTA/ACSM Land Title Survey. 6. Reduced Copy Preliminary Plat. 7. Reduced Copy Preliminary Grading Plan. 8. Reduced Copy Preliminary Erosion Control Plan. 9. Reduced Copy Preliminary Utility Control Plan. 10. Reduced Copy Preliminary Tree Survey TS -1. 11. Reduced Copy Preliminary Tree Survey TS -2. 12. Reduced Copy Landscaping Plan. 13. Public Hearing Notice and Affidavit of Mailing List. gAplan\2014 planning cases\2014 -18 vistas at bentz farm \08 -01 -2014 resubmittahstaff report vistas at bentz farrnIdoc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Homestead Partners, LLC, Marlene Bentz and Mr. & Mrs. Douglas Bentz — Planning Case No. 2014 -18, VISTAS AT BENTZ FARM. Request for a Rezoning of property zoned Agricultural Estate District (A -2) to Residential Low and Medium Density District (RLM); a Conditional Use Permit for development within the Bluff Creek Corridor; and Preliminary Plat creating 15 lots, 4 outlots and right of way for public streets (19.645 acres) with a Variance for the use of a private street located at 7280 and 7300 Galpin Boulevard. On September 2, 2014, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Homestead Partners, LLC, Marlene Bentz and Mr. & Mrs. Douglas Bentz for a single - family residential development. The Planning Commission conducted a public hearing on the proposed development preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Agricultural Estate District (A -2). 2. The property is guided in the Land Use Plan for Residential — Low Density uses. 3. The legal description of the property is shown on the attached Exhibit A. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan including land use guide of Residential Low - Density. b. The proposed zoning is or will be compatible with the present and future land uses of the area. c. The proposed zoning conforms with all performance standards contained in the Zoning Ordinance. d. The proposed zoning will not tend to or actually depreciate the area in which it is proposed, because it will maintain the development patterns in the area. There will not be any physical changes to the property required. e. The proposed zoning can be accommodated with existing public services and will not overburden the city's service capacity, subject to their availability. f. Traffic generation by the proposed zoning is within capabilities of streets serving the property. 5. SUBDIVISION FINDINGS a. The proposed subdivision is consistent with the zoning ordinance and meets all the requirements of the "RLM" Residential Low Medium Density District. b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e. The proposed subdivision will not cause significant environmental damage subject to compliance with conditions of approval; f. The proposed subdivision will not conflict with easements of record, but rather will expand and provide all necessary easements. g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate storm water drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off -site public improvements or support systems. 6. VARIANCE FINDINGS WITH A SUBDIVISION. a. The hardship is not a mere inconvenience by providing reasonable access to four properties while reducing potential impacts to the natural features on the site•, b. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land including wetlands, Bluff Creek and significant areas of poor soils; c. The condition or conditions upon which the request is based are unique and not generally applicable to other property because of the previously stated conditions of the property, 2 d. 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 since it will reduce potentially significant impacts on the site. 7. When approving a conditional use permit the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20 -232, include the following 12 items: a. The proposed development will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. The developer shall preserve the Bluff Creek primary zone. b. The proposed development will be consistent with the objectives of the city's comprehensive plan and this chapter. The developer shall preserve the Bluff Creek primary zone. c. The proposed development will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The developer shall preserve the Bluff Creek primary zone. d. The proposed development will not be hazardous or disturbing to existing or planned neighboring uses. The Bluff Creek primary zone shall be preserved as permanent open space. e. The proposed development will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The developer shall preserve the Bluff Creek primary zone as permanent open space. f. The proposed development will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. The developer shall preserve the Bluff Creek primary zone as permanent open space. g. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. The developer shall preserve the Bluff Creek primary zone as permanent open space. h. The proposed development will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. The developer shall preserve the Bluff Creek primary zone as permanent open space. i. The proposed development will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. The developer shall preserve the Bluff Creek primary zone as permanent open space. j. The proposed development will be aesthetically compatible with the area. The developer shall preserve the Bluff Creek primary zone as permanent open space. k. The proposed development will not depreciate surrounding property values. The developer shall preserve the Bluff Creek primary zone as permanent open space potentially improving property values. The proposed development will meet standards prescribed for certain uses as provided in Chapter 20, Articles IV, V, VI and = of the Chanhassen City Code. The developer shall preserve the Bluff Creek primary zone as permanent open space as required by city code. 8. The planning report #2014 -18 dated September 2, 2014, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the proposed development including rezoning of the property from Agricultural Estate (A -2) to Residential -Low & Medium Density (RLM); a Conditional Use Permit to permit development within the Bluff Creek Corridor; and Preliminary Plat approval for 15 lots, 4 outlots and public right of way with Variances for the use of a private street for a single - family detached subdivision. ADOPTED by the Chanhassen Planning Commission this 2nd day of September, 2014. CHANHASSEN PLANNING COMMISSION IM Its Chairman F-^ �Q z W 8t, W � 2 414 4 R ]A 21_ m E V dto re 11 f a�'w b� x ©r a ,g8 IS E $s$ a � :HOMESTEAD LrPART NITE July 30, 2014 Bob Generous City of Chanhassen PO Box 147 Chanhassen, MN 55317 RE: Vistas at Bentz Farm staff comments Dear Bob, We are in receipt of your letter dated July 25, 2014. Unfortunately the short timeframe between your meeting with Jeff Schoenwetter and the submittal deadline did not allow enough time for the required changes to be made to the submittal package. You will be receiving the revised preliminary plat submittal information on or before the August 1" deadline for the September 2nd Planning Commission Agenda. I look forward to moving this project down field. Please feel free to contact me with any questions. Sincerely, Matt Hanish Vice President Homestead Partners LLC 1 525 15t' Ave S. Hopkins, MN 55343 1952-949-3630 V14 i V. V, 1 '.. llly ' COMMUNITY DEVELOPMENT DEPARTMENT RECEIVED �1 Planning Division — 7700 Market Boulevard Mailing OF Address— P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227 -1300 / Fax: (952) 227 -1110 DH"Mwli RAt+ININOr*T APPLICATION FOR DEVELOPMENT REVIEW Date Filed: 57 —/(0 —/ 60 -Day Review Deadline: '1 —1173 —1+ Planner: $� (= Case #: 0_VJ1 "C LU ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on -site sewers ..... $100 ❑✓ Conditional Use Permit ❑ Single - Family Residencee ............................ $325 ❑ All Others .......................... ............................... $425 ❑ Interim Use Permit ❑ In conjunction with Single - Family Residence.. $325 ❑ All Others .......................... ............................... $425 ❑V Rezoning ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD ................. $100 2 All Others .......................... ............................... $500 ❑ Sign Plan Review .................... ............................... $150 ❑ Site Plan Review ❑ Administrative ................... ............................... $100 ❑ Commercial /Industrial Districts * ......................$500 Plus $10 per 1,000 square feet of building area *Include number of existing employees: and number of new employees: ❑ Residential Districts .......... ............................... $500 Plus $5 per dwelling unit ADDITIONAL REQUIRED FEES: 0 Notification Sign ........................ $200 (City to install and remove) g,� I 5d Property Owners' List within 500 ........ $3 per address (City to generate — fee determined at pre- application meeting) ❑ Escrow for Recording Documents.. $50 per document (CUP /SPR/VACNARNVAP /Metes & Bounds Subdivision) Project Name: Vistas at Bentz Farms Subdivision ❑ Create 3 lots or less $300 ❑✓ Create over 3 lots...... S..t.$600�+ $15 per lot ❑ Metes & Bounds .........................$30 + $50 per lot ❑ Consolidate Lots ................... ...........................$150 ❑ Lot Line Adjustment .............. ...........................$150 ❑ Final Plat * ............................. ...........................$250 *Requires additional $450 escrow for attorney costs. Escrow will be required for other applications through the development contract. ❑ Vacation of Easements / Right -of- way ................... $300 (Additional recording fees may apply) ❑✓ Variance ................................ ............................... $200 ❑ Wetland Alteration Permit ❑ Single - Family Residence ............................... $150 ❑ All Others ........................ ............................... $275 ❑ Zoning Appeal ....................... ............................... $100 ❑ Zoning Ordinance Amendment ............................ $500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) TOTAL FEES: $_ r a n b Received from: CeAr, srs i_L._C. J".;1,ot5o09 13to9 Date Received: 5 lte Check Number: Section 2: Required Information Property Address or Location: 7300 & 7280 Galpin Blvd stS C) 10 1-100 gg oioi Parcel #: A9 igi in i Gao Total Acreage: 25.65 acres Present Zoning: A-2 regal Description: See attached Wetlands Present? ❑ Yes ❑ No Present Land Use Designation: Res. low density Existing Use of Property: Single family Requested Zoning: RLM Requested Land Use Designation: no change Description of Proposal: subdivide exg parcels into 15 single family lots. We propose to dedicate upland /open space in order to preserve that space, in exchange for rezoning to RLM. RLM will allow for appropriate density on a challenging site. ❑ Check box if separate narrative is attached Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Homestead Partners, LLC Address: 525 15th Ave, South City /State /Zip: Hopkins, MN 55343 Email: Signati Contact: Tom Strohm Phone: (952) 294 -2113 Cell: (612) 695 -2275 Fax: Date: PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: See attached authorization form Contact: Address: City /State /Zip: Email: Signature: Phone: Cell: Fax: Date: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. 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COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on August 21, 2014, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Vistas at Bentz Farm — Planning Case 2014 -18 to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this ISMay of 2014. 1 Y Mpin4A- l� Notary Pub '� rdt, De;kity Clerk nnnnnnnMnn,� "g KIM T. 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J . waQB<�<n m�n U' n ¢Emv� AMERICANA COMMUNITY BANK ANDREW J QUIRING BRIAN R & BARBARA C FOLSOM 10700 PRAIRIE LAKES DR 2350 FAWN HILL CT 2215 BANEBERRY WAY W EDEN PRAIRIE, MN 55344 -3858 CHANHASSEN, MN 55317 -8437 CHANHASSEN, MN 55317 -8339 CHARLES CHUVA PO BOX 984 CHANHASSEN, MN 55317 -0984 DAVID W & RENEE E PEDERSON 7473 BENT BOW TRL CHANHASSEN, MN 55317 -6400 ERIC R CHRISTENSON 7612 PRAIRIE FLOWER BLVD CHANHASSEN, MN 55317 -8334 JEFFREY D HAGEN 783 HARDING ST NE # 200 MINNEAPOLIS, MN 55413 -2813 JOSEPH W & EILEEN D KIEFFER 7602 RIDGEVIEW WAY CHANHASSEN, MN 55317 -4507 JUSTIN & NICOLE WILD 2223 BANEBERRY WAY W CHANHASSEN, MN 55317 -8339 KHAI & HEATHER TRAN 7474 MOCCASIN TRL CHANHASSEN, MN 55317 -7552 MARCIA L MAPLES 7602 WALNUT CURV CHANHASSEN, MN 55317 -9397 DAVID A & CINDA M JENSEN 2173 BRINKER ST CHANHASSEN, MN 55317 -9361 DIANNE JANICE ERICKSON 7735 VASSERMAN TRL CHANHASSEN, MN 55317 -4506 GELINO FAMILY TRUST 7729 VASSERMAN TRL CHANHASSEN, MN 55317 -4506 JOHN E & KRISTIN M NYSTUL 7509 BENT BOW TRL CHANHASSEN, MN 55317 -6401 JULIANN ROBEY 2338 FAWN HILL CT CHANHASSEN, MN 55317 -8437 KATHRYN T STODDART 7305 GALPIN BLVD EXCELSIOR, MN 55331 -8059 KYLE A & LEAH C PLATH 7604 WALNUT CURV CHANHASSEN, MN 55317 -9397 MARK & ANN M STRUTHERS 7600 WALNUT CURV CHANHASSEN, MN 55317 -9397 DAVID K & CHRISTINA J STREETER 7598 PRAIRIE FLOWER BLVD CHANHASSEN, MN 55317 -9398 DOUGLAS C & THERESA J BENTZ 7280 GALPIN BLVD EXCELSIOR, MN 55331 -8058 JAMES P & MITRA L CALLAGHAN 2369 FAWN HILL CT CHANHASSEN, MN 55317 -8437 JON D & LAURA A TRANTHAM 7465 FAWN HILL RD CHANHASSEN, MN 55317 -8430 JUSTIN & ALLISON NEWMAN 7606 WALNUT CURV CHANHASSEN, MN 55317 -9397 KELLY J & KAREN M PATTON 7447 FAWN HILL RD CHANHASSEN, MN 55317 -8430 LAWRENCE M & MICHAELE A MARTIN 7725 VASSERMAN TRL CHANHASSEN, MN 55317 -4506 MARK A & SARAH L PLETTS 7517 BENT BOW TRL CHANHASSEN, MN 55317 -6401 MARK I & MAUREEN E MAGNUSON MARK J & KRISTIN F E SPANGRUD MARK T & ALICIA F SCHIMKE 7715 VASSERMAN TRL 7487 BENT BOW TRL 7626 PRAIRIE FLOWER BLVD CHANHASSEN, MN 55317 -4506 CHANHASSEN, MN 55317 -6400 CHANHASSEN, MN 55317 -8334 MICHAEL & OLGA CARUSO MICHAEL D & CARA L KAIL 2331 FAWN HILL CT 2187 BRINKER ST CHANHASSEN, MN 55317 -8437 CHANHASSEN, MN 55317 -9361 MICHAEL W & DEBRA M BENKOVICH MIRON E MARCOTTE 2362 FAWN HILL CT 7240 GALPIN BLVD CHANHASSEN, MN 55317 -8437 EXCELSIOR, MN 55331 -8058 NEAL R & NANCY J SIMON PATRICK A RADEMACHER 7490 MOCCASIN TRL 2198 BRINKER ST CHANHASSEN, MN 55317 -7552 CHANHASSEN, MN 55317 -9359 RICHARD A GLOVER ROBERT P & CARRIE J WEBBER 2357 FAWN HILL CT 7608 RIDGEVIEW WAY CHANHASSEN, MN 55317 -8437 CHANHASSEN, MN 55317 -4507 SRIRAM VISWANATHAN STEVEN J & NADIA M JANSON 7614 RIDGEVIEW WAY 2199 BRINKER ST CHANHASSEN, MN 55317 -4507 CHANHASSEN, MN 55317 -9361 STEVEN M & NANCY P HANOUSEK STEVEN M & SUSAN M COHOON 7501 BENT BOW TRL 7525 BENT BOW TRL CHANHASSEN, MN 55317 -6401 CHANHASSEN, MN 55317 -6401 THEODORE F & MARLENE M BENTZ TIMOTHY F PAINE 8596 POWERS PLACE 2345 FAWN HILL CT CHANHASSEN, MN 55317 -9390 CHANHASSEN, MN 55317 -8437 VASSERMAN RIDGE PROMENADE WALNUT GROVE HOMEOWNERS INC ASSN 16305 36TH AVE N SUITE 600 1801 E 79TH ST #21 PLYMOUTH, MN 55446 -4270 BLOOMINGTON, MN 55425 -1230 XUONG Q LUU 2219 BANEBERRY WAY CHANHASSEN, MN 55317 -8339 MICHAEL G & MAUREEN HARLANDER 7442 FAWN HILL RD CHANHASSEN, MN 55317 -8430 MURIEL N MULLIN 7630 PRAIRIE FLOWER BLVD CHANHASSEN, MN 55317 -8334 RALPH H PAMPERIN 7719 VASSERMAN TRL CHANHASSEN, MN 55317 -4506 ROGER J & SALLY A HAMM 2180 BRINKER ST CHANHASSEN, MN 55317 -9359 STEVEN L & CINDY M BRODIGAN 2159 BRINKER ST CHANHASSEN, MN 55317 -9361 THEODORE A & ANGELA M ELLEFSON 7609 WALNUT CURV CHANHASSEN, MN 55317 -9395 Jason Biederwolf Homestead Partners, LLC 525 15th Avenue South Hopkins, MN 55343 ' IIIII' IIIII111 11111111111111111111111111111 WALNUT GROVE VILLAS ASSN 1801 AMERICAN BLVD E # 21 BLOOMINGTON, MN 55425 -1230