07-20-21 Agenda and PacketAGENDA
CHANHASSEN PLANNING COMMISSION
TUESDAY, JULY 20, 2021, 7:00 PM
CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD
A.CALL TO ORDER
B.PUBLIC HEARINGS
1.Consider a Request to Rezone Property from Agricultural Estate District (A2) to
SingleFamily Residential (RSF) and Subdivision of Property into 21 SingleFamily
Lots with Variances at 775 96th Street W.
2.Consider a Request to Rezone Property from Agricultural Estate District (A2) to
SingleFamily Residential District (RSF) and Subdivision Approval of Two Lots and
One Outlot with Variances for a Private Street and Private Street Width at 9197
Eagle Ridge Road
C.APPROVAL OF MINUTES
1.Approve Planning Commission Minutes dated July 6, 2021
D.ADMINISTRATIVE PRESENTATIONS
1.City Council Action Update
E.ADJOURNMENT
NOTE: Planning Commission meetings are scheduled to end by 10:30 p.m. as outlined in the official bylaws.
We will make every attempt to complete the hearing for each item on the agenda. If, however, this does not
appear to be possible, the Chairperson will notify those present and offer rescheduling options. Items thus pulled
from consideration will be listed first on the agenda at the next Commission meeting.
If a constituent or resident sends an email to staff or the Planning Commission, it must be made part of the
public record based on State Statute. If a constituent or resident sends an email to the Mayor and City Council, it
is up to each individual City Council member and Mayor if they want it to be made part of the public record or
not. There is no State Statute that forces the Mayor or City Council to share that information with the public or
be made part of the public record. Under State Statute, staff cannot remove comments or letters provided as part
of the public input process.
PLANNING COMMISSION STAFF
REPORT
Tuesday, July 20, 2021
Subject Consider a Request to Rezone Property from Agricultural Estate District (A2) to SingleFamily
Residential (RSF) and Subdivision of Property into 21 SingleFamily Lots with Variances at 775
96th Street W.
Section PUBLIC HEARINGS Item No: B.1.
Prepared By Bob Generous, Senior Planner File No:
PROPOSED MOTION:
The Chanhassen Planning Commission recommends that City Council approve the rezoning of the development
from Agricultural Estate District (A2) to SingleFamily Residential District (RSF); preliminary plat with variances for
street width, front yard setback (Lot 1, Block 1), wetland setback (Lot 1, Block 1) and street frontages (Lots 3
through 9, Block 1) subject to the conditions of the staff report;
and adopt the Findings of Fact and Recommendation.
SUMMARY OF REQUEST
The applicant is requesting rezoning of a portion of the property from Agricultural Estate District (A2) to SingleFamily
Residential District (RSF); subdivision approval to create 21 singlefamily lots with variances for street widths, street
frontages on some lots in Block 1, and wetland setback on Lot 1, Block 1; seven Outlots and rightofway for public
streets.
APPLICANT
Black Cherry Development, LLC, 9611 Meadowlark Lane, Chanhassen, MN 55317
SITE INFORMATION
PRESENT ZONING: Agricultural Estate District (A2)
LAND USE:Residential Low Density
ACREAGE: 117.4 acres
DENSITY: 1.69 units per net acre
APPLICATION REGULATIONS
Chapter 18, Subdivisions
PLANNING COMMISSION STAFFREPORTTuesday, July 20, 2021SubjectConsider a Request to Rezone Property from Agricultural Estate District (A2) to SingleFamilyResidential (RSF) and Subdivision of Property into 21 SingleFamily Lots with Variances at 77596th Street W.Section PUBLIC HEARINGS Item No: B.1.Prepared By Bob Generous, Senior Planner File No: PROPOSED MOTION:The Chanhassen Planning Commission recommends that City Council approve the rezoning of the developmentfrom Agricultural Estate District (A2) to SingleFamily Residential District (RSF); preliminary plat with variances forstreet width, front yard setback (Lot 1, Block 1), wetland setback (Lot 1, Block 1) and street frontages (Lots 3through 9, Block 1) subject to the conditions of the staff report; and adopt the Findings of Fact and Recommendation.SUMMARY OF REQUESTThe applicant is requesting rezoning of a portion of the property from Agricultural Estate District (A2) to SingleFamilyResidential District (RSF); subdivision approval to create 21 singlefamily lots with variances for street widths, streetfrontages on some lots in Block 1, and wetland setback on Lot 1, Block 1; seven Outlots and rightofway for publicstreets.APPLICANTBlack Cherry Development, LLC, 9611 Meadowlark Lane, Chanhassen, MN 55317SITE INFORMATIONPRESENT ZONING: Agricultural Estate District (A2)LAND USE:Residential Low DensityACREAGE: 117.4 acres DENSITY: 1.69 units per net acre APPLICATION REGULATIONS
Chapter 18, Subdivisions
Chapter 20, Article II, Division3. Variances
Chapter 20, Article XI, “A2” Agricultural Estate District
BACKGROUND
On January 25, 2021, the City Council approved the Interim Use Permit (IUP) to allow site grading to create an open
water wetland.The project began this winter, but due to warm weather, could not be completed.
On August 14, 2020, the Chanhassen City Council approved the adjustment to the Bluff Creek Overlay District
(BCOD) Primary Zone boundary to encompass the additional 3+ acre area adjacent to Highway 212 in Outlot
G (Planning Case #202013).
On July 7, 2020, the City of Chanhassen received a complete Wetland Delineation Report for the property and a
Notice of Application was sent on July 15, 2020. The onsite Technical Evaluation Panel (TEP) was held on July 29,
2020 in order to review the wetland boundaries and types. The wetland types that were delineated on the property
were Types 1, 2, 3, 5, and 6. The TEP and Local Government Unit (LGU) concurred with the boundaries and types
and the Notice of Decision was issued on August 8, 2020.
As part of the 2040 Comprehensive Plan adopted on February 10, 2020, the City approved a three acre Land Use
amendment from Residential Low Density to Office in the western portion of the parcel encompassing the area adjacent
to Highway 212 in Outlot G.
In 2008, as part of the City’s 2030 Comprehensive Plan, the City approved a Land Use amendment of the westerly 10
acres of the property from ResidentialLow Density to Office.
On October 23, 2006, the Chanhassen City Council approved Wetland Alteration Permit #0632 for the construction
of an access road and stormwater pond.The wetland mitigation for this is located on Outlot G north of the large
wetland complex
On July 10, 1995, the City Council approved the preliminary and final plat of Butternut Ridge Addition, Subdivision
#959, creating one lot and one outlot.This subdivision permitted the property owner to sell the 2½acre home site on
the property and keep the balance of the site for the owner’s personal use and future development.The property
owner still owns the home on the property.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the rezoning of the development from
Agricultural Estate District (A2) to SingleFamily Residential District (RSF); preliminary plat with variances for street
width, front yard setback (Lot 1, Block 1), wetland setback (Lot 1, Block 1) and street frontages (Lots 3 through 9,
Block 1) subject to the staff report conditions of approval and adoption of the Findings of Fact and Recommendation.
ATTACHMENTS:
Staff Report
Findings of Fact & Recommendation
Development Review Application
Development Narrative
Preliminary Plat and Site Development Plans
Appendix A: Traffic Impact Analysis Process
Affidavit of Mailing
CITY OF CHANHASSEN
PC DATE: July 20, 2021
CC DATE: August 9, 2021
REVIEW DEADLINE: September 11, 2021
CASE #: 2021-12
BY: RG, EH, JR, DN, JS, ET
SUMMARY OF REQUEST: The applicant is requesting a rezoning and subdivision approval
with variances for a single-family residential development.
LOCATION: 775 West 96th Street
APPLICANT: Black Cherry Development, LLC
9611 Meadowlark Lane
Chanhassen, MN 55317
PRESENT ZONING: Agricultural Estate District, A2
2020 LAND USE PLAN: Residential Low Density (net density 1.2 – 4 units per acre)/Office
(Northwestern 13 acres)
ACREAGE: 117.14 acres DENSITY: 1.69 units per net acres (Phase 1)
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
PROPOSED MOTION:
“The Chanhassen Planning Commission recommends that City Council approve the rezoning of
the development from Agricultural Estate District (A2) to Single-Family Residential District
(RSF); preliminary plat with variances for street width, front yard setback (Lot 1, Block 1),
wetland setback (Lot 1, Block 1) and street frontages (Lots 3 through 9, Block 1) subject to the
conditions of the staff report and adopt the Findings of Fact and Recommendation.”
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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 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’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.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting rezoning of a portion of the property from Agricultural Estate
District, A2, to Single-Family Residential District, RSF; subdivision approval to create 21
single-family lots with variances for street widths, street frontages on some lots in Block 1, and
wetland setback on Lot 1, Block 1; seven Outlots and right-of-way for public streets.
The applicant held neighborhood meetings with the West 96th Street residents on Saturday,
July 10, 2021 and the Foxwood and Pioneer Hills neighborhoods on Wednesday, July 14, 2021.
APPLICABLE REGULATIONS
Chapter 18, Subdivisions
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article XI, “A2” Agricultural Estate District
BACKGROUND
On January 25, 2021, City Council approved the Interim Use Permit to allow site grading to
create an open water wetland. The project began this winter, but due to warm weather, could not
be completed.
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July 20, 2021
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On August 14, 2020, the Chanhassen City Council approved the adjustment to the Bluff Creek
Overlay District (BCOD) Primary Zone boundary to encompass the additional 3+ acre area
adjacent to Highway 212 in Oultot G. (Planning Case #2020-13)
On July 7, 2020, the City of Chanhassen received a complete Wetland Delineation Report for the
property and a Notice of Application was sent on July 15, 2020. The on-site Technical
Evaluation Panel (TEP) was held on July 29, 2020 in order to review the wetland boundaries and
types. The wetland types that were delineated on the property were Types 1, 2, 3, 5, and 6. The
TEP and Local Government Unit (LGU) concurred with the boundaries and types and the Notice
of Decision was issued on August 8, 2020.
As part of the 2040 Comprehensive Plan adopted on February 10, 2020, the City approved a
three acre Land Use amendment from Residential Low Density to Office in the western portion
of the parcel encompassing the area adjacent to Highway 212 in Outlot G.
In 2008, as part of the City’s 2030 Comprehensive Plan, the City approved a Land Use
amendment of the westerly 10 acres of the property from Residential-Low Density to Office.
On October 23, 2006, the Chanhassen City Council approved Wetland Alteration Permit #06-32
for the construction of an access road and stormwater pond. The wetland mitigation for this is
located Outlot G north of the large wetland complex
On July 10, 1995, the City Council approved the preliminary and final plat of Butternut Ridge
Addition, Subdivision #95-9, creating one lot and one outlot. This subdivision permitted the
property owner to sell the 2½-acre home site on the property and keep the balance of the site for
the owner’s personal use and future development. The property owner still owns the home on
the property.
EXISTING CONDITIONS
The developer provided an existing condition survey of the entire 117.14 acre property which
included the field surveyed area of approximately 17.6 acres proposed to be developed (Blocks 1
and 2, Outlots A, B and C, and all newly dedicated right-of-way) and is in general conformance
with the requirements of Sec. 18-40. The remaining 117.14 acres not surveyed will be field
surveyed at the time of future development.
A single-family residence with a barn exists within the proposed development and is proposed to
remain as Lot 5, Block 2. As such, the developer is proposing to vacate the public drainage and
utility easements (DUE) associated with the existing residence and record adjusted public DUE
with the proposed plat. This public DUE, along with all other easements identified within the
platted area, must be vacated before the City Council considers final plat approval. The
additional easements to be vacated include those identified on the existing condition survey (per
document numbers; A186881, A509111, A94210, A651406, etc.). Additionally, the developer
will be required to obtain any necessary right-of-way easements for the extension of W. 96th
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July 20, 2021
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Street from abutting properties. Lastly, the driveway to the existing residence must be surfaced
with bituminous, concrete or other hard surface materials in accordance with Sec. 20-1122 of
City Ordinance.
SITE CONSTRAINTS
Wetland Protection
There is are multiple wetlands located on the property.
Bluff Creek Overlay District
Outlot G is bisected by the Bluff Creek Primary Zone.
Bluff Protection
There are no bluffs on the property.
Shoreland Management
The property is not located within a Shoreland Overlay district.
Floodplain Overlay
This property is not within a floodplain
REZONING
The existing zoning of the property, Agricultural Estate District, is not consistent with the Land
Use designation of the property, Residential Low Density. The Comprehensive Plan allows less
intensive land uses to remain in place. However, any approval by the City for development of
the property must be consistent with the Comprehensive Plan.
The following zoning districts are consistent with a Residential Low Density land use:
RSF (Residential Single Family), R4 (Mixed Low Density), RLM (Residential Low and Medium
Density), or PUD-R (Planned Unit Development Residential).
The proposed rezoning to Single-Family Residential District (RSF) is consistent with the
Comprehensive Plan Land Use designation. The RSF District is the most appropriate zoning
district to rezone this property since it is the primary zoning for single-family residential
properties, is a standard zoning district and permits only single-family homes. While the R4
District permits single-family homes, it also permits twin homes which would be inconsistent
with the surrounding development. The RLM District permits single-family homes, as well as
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twin homes, townhouses and attached housing, but the RLM District also requires that large
areas of upland are preserved or created as permanent open space to balance the higher hard
surface coverage permitted on the individual lots. Finally, the PUD-R District can be created for
a single-family subdivision, but the ordinance requires that the use of the PUD zoning also
allows for a greater variety of uses, internal transfers of density, construction phasing and a
potential for lower development costs. In exchange for this enhanced flexibility, the City has the
expectation that the development plan will result in a significantly higher quality and more
sensitive proposal than would have been the case with the use of other, more standard zoning
districts.
The proposed rezoning assists in the furtherance of the following land use goals of the City of
Chanhassen Comprehensive Plan:
• Development will be encouraged within the MUSA line.
• The plan should seek to establish sufficient land to provide a full range of housing
opportunities.
o Development should be phased in accordance with the ability of the City to provide
services.
The proposed rezoning assists in the furtherance of the following housing goals of the City of
Chanhassen Comprehensive Plan:
• A balanced housing supply with housing available for people of all income levels.
• A variety of housing types for people in all stages of the life-cycle.
Staff is recommending the rezoning to RSF be approved.
SUBDIVISION
The applicant is proposing a 21 lot, seven outlot subdivision with dedication of public right-of-
way. Except for Outlots A and B, which will be dedicated for permanent open space, the outlots
will be developed in the future through another subdivision review process.
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STREETS
The proposed subdivision has access to public right-of-way via Eagle Ridge Road to the north
and W. 96th Street to the south. The subdivision to the north, Foxwood, was required to construct
Eagle Ridge Road as a minor collector, which terminated at a temporary cul-de-sac. The
developer of the current subdivision, “Erhart Farms” must remove the temporary cul-de-sac and
restore the area. The developer will be provided the $33,750.00 escrow which was collected
from Foxwood for the removal of the temporary cul-de-sac along with other improvements at
this location. Eagle Ridge Road will ultimately extend to Powers Boulevard as development
continues to the west of the proposed subdivision. Eagle Ridge Road, a minor collector in the
City’s roadway network is designed to provide a mixture of mobility and access, and serves a
vital role by routing traffic from the local roads and funneling them to the arterial networks. The
proposed subdivision, along with the future additions, are bound by Powers Boulevard to the
west and Highway 101 to the east, which are both minor arterials and county roads. The
proposed Erhart Farms subdivision has provided plans for the extension of Eagle Ridge Road
along with providing access from the south via the extension of W. 96th Street, which gives
secondary access to both the newly proposed development and the existing Foxwood
development. The developer has provided a “ghost plat” of the future development, which
conceptually takes into account the connection of Eagle Ridge Road to Powers Boulevard,
highlighted in purple and seen below. The ghost plat adequately illustrates the nature of the
minor collector by providing an equal mixture of mobility and access.
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However, in order to limit the unintentional routing of traffic from Eagle Ridge Road, the minor
collector, onto local roads, the proposed 4-way intersection must be redesigned so that the
portion being designated as the minor collector does not require vehicles to stop. As currently
proposed and after ultimate build-out, traffic heading southbound would have to come to a stop
and then turn right to continue on the minor collector roadway, which may be confused with
continuing straight which would route them to a local road. The developer and their design team
have been working with staff to address this concern, and must continue to work with staff to
update the public street layout to be resubmitted for review and approval prior to City Council
considering final plat approval.
A majority of the streets and their right-of-way are proposed to meet City Standards, however the
small ring road abutting Outlot A, “Eagle Ridge Way”, is proposed to be a 26-foot wide back-of-
curb to back-of-curb design within a standard 60-foot right-of-way. The variance from the
City’s 31-foot wide street standard was requested by the developer in order to reduce impervious
surface and save additional trees. As this will be a single-loaded road with homes on only one
side of the road, staff finds that the variance regarding the street width is acceptable, with all
other street section standards being adhered to. However, if the variance for the 26-foot street
design is accepted, plans must incorporate sidewalks along “Eagle Ridge Way” to promote
pedestrian safety along the narrower street section. A sidewalk must also be added along the W.
96th Street corridor extension, as when W. 96th Street is reconstructed sidewalk will be installed
to promote pedestrian connectivity throughout the neighborhoods and to the surrounding the
public trail network.
A “5-foot pervious nature trail” is proposed that connects to “Road A” right-of-way and
terminates at an existing stormwater facility that treats runoff from County Road 101. The
connection point at “Road A” creates a mid-block crossing, i.e. there is no intersection at this
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location. While the developer has not indicated whether the trail will be dedicated to the City or
be owned and maintained by an HOA, mid-block crossings are not ideal locations for pedestrian
crossings and should be avoided when able. The developer’s design team must address this
concern.
Lastly, the proposed street designs show areas that will be stubbed out for future road extensions
when the property to the west develops. These stub outs need to be wholly incorporated in the
right-of-way boundary on the plat. “Future Street Extension” signs attached to barricades must
also be installed at these locations.
DRAINAGE AND UTILITY EASEMENTS
The preliminary plat provided illustrates mostly typical public drainage and utility easements
(DUE) along the proposed subdivision’s lot lines with a five-foot DUE along the side and rear lot
lines and a 10-foot DUE along the front lot lines. Rear lot lines on Lots 1 through 15, Block 1
are atypical to accommodate proposed wetland buffers and conservation easements. DUE
abutting the side lot lines of Lots 13 and 14, Block 1 are five feet wider than the typical 5-foot
side lot DUE (a total of 20 feet wide between the two lots) in order to provide proper widths to
maintain the storm sewer conveyance located between the lots. However, access to the large
stormwater facility, which is partially located on Outlot B and partially located on Lots 14, 15,
and 16, Block 1 needs to be addressed. Ideally, the stormwater facility would be wholly
encompassed within an Outlot, along with the access route to the facility which is necessary to
maintain the BMP. By including the access route within an Outlot, the route would be protected
in perpetuity from encroachments and would require that the City maintain the area to ensure
adequate ingress/egress. The developer and their design team must work with staff to improve
the public stormwater facility’s access route.
GRADING AND DRAINAGE
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A portion of the property was issued Interim Use Permit (IUP) #2021-03 on December 4, 2020
by City Council for grading operations. This grading permit was requested for the dredging of
Wetland 2, north of the subdivision. All terms and conditions of IUP #2021-03 shall remain in
effect until the permit is terminated. While IUP #2021-03 did not directly impact any of the
improvements associated with the Erhart Farms subdivision proposal, there are spoils from the
wetland dredging that will be required to be removed entirely from areas where public
improvements are proposed as wetland soils, or hydric soils, are typically high in organic
materials and do not lend themselves to suitable engineering fill.
A geotechnical report with soil borings conducted by Haugo Geotechnical Services, dated
May 22, 2021 was provided by the developer. Grading plans must be updated to indicate the
location of the borings as it appears there may be an error in the one of the measured surface
elevations (SB-5) based on the provided map in the report. Groundwater was observed at boring
SB-5 so the accuracy of the measured surface elevation must be verified. A geotechnical
engineering firm shall be on-site during grading operations to ensure the City’s Standard
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Specifications and Detail Plates are adhered to along with any Minnesota Building Code
requirements. If groundwater is encountered during grading, the grades shall be adjusted to
maintain a 3-foot separation from the bottom floor elevation and shall adhere to the
recommendations of the soils engineer on site. Changes to grades shall be submitted to the City
for review and approval.
The developer is proposing to mass grade the site in order to construct the public streets, house
pads and stormwater management areas. While grading plans are in general conformance with
City Ordinances, there are multiple driveways that are proposed to be near the maximum 10%
allowed by Ordinance. Plans will be required to show top of curb elevations at the centerline of
each driveway to ensure that individual building permits for each lot are in conformance with the
plans and do not require variances from the 10% maximum. Additionally, the developer’s
engineer shall ensure that the maximum driveway grades shown on the plan are calculated such
that a 10-foot landing is provided where the driveway connects to the street and a 5- to 10-foot
landing is provided at the garage. The recommended grade at these locations is 3%.
Lastly, grading is being proposed on Outlot E that will tie-in to Lots 1, 2, and 3, Block 2 and
create a 3:1 slope for a maximum of 130 feet which will drain to these backyards. The developer
needs to address this portion of the grading plan as to how the future addition on Outlot E will
account for drainage. Portions of Lots 1, 2, and 3 may need further grading depending on the
future build-out on Outlot E and should be taken into account during this phase of the
development. Per Section 18-40(4)d.2.v. draintile services are required for Lots 1, 2, 3 and 4,
Block 2 as these lots are proposed to drain from the back of the lot towards the street.
RETAINING WALLS
The developer is proposing one retaining wall within the subdivision which will be wholly
located on Lot 8, Block 1. The wall is proposed to have a height of over four feet and must be
privately owned and maintained. Walls over four feet in height shall be constructed in
accordance with plans prepared by a registered engineer and shall be constructed of a durable
material (smooth face concrete, masonry/mortared, railroad ties and timber are prohibited).
EROSION PREVENTION AND SEDIMENT CONTROL
The development will exceed one (1) acre of land disturbance and will, therefore, be subject to
the General Permit Authorization to Discharge Stormwater Associated with Construction
Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES
Construction Permit). Additionally, an Erosion and Sediment Control Plan (ESCP) in
accordance with ordinances shall be submitted for the grading operations of the subdivision. The
developer has provided an ESCP along with a Stormwater Pollution Prevention Plan (SWPPP),
and while overall the plan appears feasible, certain amendments will be required prior to
acceptance of final plans. As such, the developer and their design team must work with staff to
update the ESCP and resubmitted for review and approval with the submission of the final
construction plans.
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SANITARY SEWER AND WATER MAIN
The subdivision has access to a 12-inch, C900 PVC trunk water main that was extended by the
development to the north (Foxwood). This trunk main will eventually be looped to a 16-inch
trunk main within Powers Boulevard when the property to the west develops. As such, the
developer will be required to extend the 12-inch trunk water main and the City will reimburse the
developer for the cost of oversizing this extension, as an 8-inch main would have been sufficient
in supplying the subdivision’s water demand. The 12-inch trunk main will follow the street
corridor to the south (“Road A”) as it will eventually connect to the future water tower location
(“Location A”), as demarcated on plan sheet “Primary Through Road Connection Exhibit”.
Water main stubs will be provided for future extensions when the property to the west develops,
along with a stub leading to W. 96th Street. Any wells located on the property to be developed
must be properly abandoned.
A temporary lift station was installed by the Foxwood development to the north in order to
provide sanitary service for that subdivision. It was anticipated that when future development to
its south (i.e. the currently proposed development, Erhart Farms), the temporary lift station
would be removed and that gravity sewer would be constructed to a planned permanent lift
station on Powers Boulevard. The developer and their engineer have been working with staff
since the pre-application meeting to determine the feasibility of abandoning the temporary lift
station and constructing a new permanent lift station located near Outlot C abutting W. 96th
Street, rather than constructing the gravity system to Powers Boulevard. Furthermore, this
approach would eventually eliminate Lift Station 20 at the end of W. 96th Street, which when
ultimate build-out is complete, would not increase the net number of lift stations that the City
owns and maintains. After iterations of reviews and meeting with the applicant’s engineers, it has
been determined that this approach is feasible. The lift station has been preliminarily designed to
accommodate sewerage flows from Foxwood, the proposed Erhart Farms, portions of the future
development to the west, and flows anticipated along W. 96th Street including the possibility of
future development to the south. As such, any oversizing of the lift station and its components
beyond what would be necessary to accommodate sewerage flows from Foxwood and the future
development associated with Erhart Farms would be reimbursed by the City. Furthermore, the
developer will be provided the $10,000.00 escrow that was obtained from the development to the
north for the abandonment of the temporary lift station. The developer will be required to work
with staff in the final construction plans and details of the proposed lift station along with its
location. Additionally, as the proposed force main will be located on a large section of fill where
the existing lift station is to be abandoned, a geotechnical engineer’s recommendation on proper
back fill and compaction techniques must be provided.
While generally the preliminary utility plans provided do appear feasible, profile views were not
provided in order to conduct a complete review, e.g. checking for conflicts with other utilities or
reviewing cover of mains to meet City Standards. The developer will be required to provide
updated utility plans upon submittal of the final plat and final construction plans that include
profile views. Additionally, sanitary sewer is being proposed at a pipe slope of 0.4%, the
absolute minimum for 8-inch sanitary sewer mains in accordance with Recommended Standards
Erhart Farm – 775 W. 96th Street
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for Wastewater Facilities (2014 Edition). It is strongly recommended that plans be updated to
incorporate a slope of 0.5% in order to allow for construction tolerances and promote
constructability, as any sanitary sewer main installed with less than 0.4% slope will be required
to be reconstructed to obtain the minimum slope.
Lastly, prior to commencement of any utility work, a copy of all required permits from the
appropriate regulatory agencies shall be provided to the City which shall include but is not
limited to the Minnesota Department of Health, Metropolitan Council Environmental Services,
and the Minnesota Pollution Control Agency.
STORMWATER MANAGEMENT
Article VII, Chapter 19 of City Code describes the required stormwater management
development standards. Section 19-141 states that “these development standards shall be
reflected in plans prepared by developers and/or project proposers in the design and layout of site
plans, subdivisions and water management features.” These standards include water quality
treatment resulting in the removal of 90% total suspended solids (TSS) and 60% total
phosphorous (TP). The applicant will need to work with Riley Purgatory Bluff Creek Watershed
District (RPBCWD) and the City in order to meet all the requirements.
General
1. Applicant needs to provide a copy of an approved RPBCWD permit before work is
started.
Water Quality
1. Water quality levels appear to be met with the use of a baffle, sump, and filtration pond;
95% of TSS and 77% of TP is removed from the system, via MIDS modeling.
a. Provide screenshots of BMP inputs to MIDS to confirm calculations.
Volume Control
1. Infiltration was shown not feasible, due to soil type. Filtration is permitted as an alternate
BMP.
Filtration Basin Design
1. Provide an operation and maintenance plan that identifies the maintenance schedule and
responsible party. This should include information on how the system will be cleaned
out.
2. Provide baffle detail for CBMH 102.
3. The ‘Pond/Filtration Basin Section’ detail needs to be changed per the following
comments:
a. A geo-textile fabric should be installed between the natural soil and the filtration
media.
b. It is recommended that the draintile in both basins show a slope of at least 0.5% to
prevent water from sitting in the draintile.
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 13
c. Provide the normal water level elevation for the wet pond section.
d. Provide a detail for the Emergency Overflow Outlet shown on the north side of
the pond/filtration basin.
Civil Plans
1. Confirm if entrance from north will be used during construction. If so, a rock
construction entrance should be shown.
2. On the Grading and Erosion Control plans the “Heavy Duty Silt Fence” detail should be
replaced with a wire-backed silt fence. The wire backed heavy duty silt fence should be
shown where grading extends to within 10 feet of wetland limits.
3. The project SWPPP and NPDES permit must be submitted to the City prior to the start of
any earthwork.
4. The Joint Application for wetland impacts (or no loss) must be submitted to the City, and
a Notice of Decision must be issued by the WCA LGU, prior to the start of any
earthwork.
STORMWATER UTILITY CONNECTION CHARGES
Section 4-30 of City Code sets out the fees associated with Surface Water Management. A water
quality and water quantity fee are collected with a subdivision. These fees are based on land use
type and are intended to reflect the fact that the more intense the development type, the greater
the degradation of surface water.
This fee will be applied to the new lots of record being created. The fees will be assessed at the
rate in effect at that time; 2021 rates are $8,660.00 per acre.
ASSESSMENTS
Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be
assessed at the rate in effect at that time; 2021 rates for partial hookup fees are $691.00 per unit
for sanitary sewer and $2,476.00 per unit for water. The remaining partial hookup fees are due
with the building permit.
Fees
Based on the proposal, the following fees would be collected with the development contract:
a) Administration fee: If the improvement costs are less than $500,000, 3% of the
improvement costs. If the improvement costs are between $500,000 and $1,000,000, 2%
of the improvement costs. If the improvement costs exceed $1,000,000, 2.5% of the first
$1,000,000 plus 1.5% of the remainder.
b) Surface Water Management fee: $8,660.00 per acre
c) A portion of the water hook-up charge: $2,476.00/unit
d) A portion of the sanitary sewer hook-up charge: $691.00/unit
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 14
e) Park Dedication fee: $5,800.00/unit
f) Street lighting charge: $300.00/light
g) GIS fees: $100 for the plat plus $30 per parcel
h) Final plat process (review and recording of Plat and Development Contract): $450.00
WETLANDS AND BUFFERS
Several wetlands were identified and delineated on and near the property. The applicant
submitted a wetland delineation report in July 2020 and the wetland types and boundaries were
approved in August 2020. A summary of the delineated wetlands and types can be seen in the
table below.
The applicant is showing impacting 100% of Wetland 1. The applicant must submit a Joint
Application for wetland impacts for this proposed activity. In addition, a small area northeast of
Lot 5, Bock 1 shows that the 5-foot pervious nature trail encroaching into Wetland 3. The
applicant should clarify if this area would constitute as wetland impacts. If so, it would also need
to be included in the Joint Application submittal. A Wetland Alteration Permit may be necessary
if the proposed wetland impacts are not deemed exempt according to Sec. 20-417 of the City
Code.
The applicant has shown wetland buffers on the property. The applicant is showing to use buffer
averaging to achieve the overall required buffer area. The wetland buffer widths and wetland
buffer monuments appear to be sufficient. However, the plans show that grading is proposed
within the wetland buffer in Lots 1 through 3, Block 1 and Lots 11 and 12, Block 2. The
applicant should submit a landscape plan to ensure that this area sufficiently grows back with
native buffer vegetation.
LANDSCAPING AND TREE PRESERVATION
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 15
The applicant for the Erhart Farm, Phase I development submitted tree canopy coverage and
preservation calculations.
Total upland area (excluding wetlands, bluff) 17.62 acres
Baseline canopy coverage 98% or 17.25 acres
Minimum canopy coverage required 55% or 9.7 acres
Proposed tree preservation 23% or 4.0 acres
The developer does not meet minimum canopy coverage for the site; therefore the applicant must
bring the canopy coverage on site up to the 55% minimum. The difference between the required
coverage and the remaining coverage is multiplied by 1.2 for total area to be replaced. One tree
is valued at 1,089 SF.
Minimum required 9.7 acres
Less canopy preserved 4.0 acres
Minimum canopy coverage to be replaced: 5.7 acres
Multiplied by 1.2 6.84 acres or 297,950 SF
Divided by 1089 SF = Total number of trees to be planted 273 trees
The applicant has submitted a landscape plan showing a total of 76 trees to be planted in the
development. The applicant shall increase tree planting in the development to meet minimum
requirements and submit a landscape plan showing 273 trees prior to final plat approval.
Additionally, Northern Pin oak shall be replaced with white, bur, or red oak species. The
alkaline soils of Chanhassen make the northern pin oak selection undesirable for long term
survivability. Additional selections of tree species should expand the breadth of tree types and
take into consideration the City’s requirement for species diversity.
There are no bufferyard landscaping requirements for this development.
Staff has reviewed the tree clearing limits for the development on the plans. There are a number
of trees at the edge of the grading limits that staff would like to consider for preservation. Staff
recommends that the developer conduct a walk-through of the grading limits on site prior to
removals with City staff to inspect for opportunities for additional tree preservation.
Staff supports the proposed conservation easements on Lots 4 through 9, Block 1. The existing
woods in this area contain a diversity of native species such as sugar maples, red oaks, basswood
and ironwood. Many of these trees are significant and provide aesthetic and environmental
benefits within the community. A conservation easement would protect this area in perpetuity.
The applicant is also proposing to preserve a very large oak on Lot 10. The bur oak is 46-inches
in diameter and nearly 12 feet in circumference. This is a signature tree and could provide a
signature landmark along Eagle Ridge Road. The protected area around the tree is tight. Staff
recommends that the applicant explore options to eliminate grading within the dripline to
improve chances of survivability. This is true of all trees proposed to be preserved in front and
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 16
side yards in Block 1. Ensuring the tree root zones are preserved to the greatest extent possible
will assist greatly in the survivability of the trees. Failure to protect the root zones during
construction will jeopardize all efforts invested in preservation.
PARKS & RECREATION
Park Plan
The City’s comprehensive park plan calls for a neighborhood park to be located within one-half
mile of every residence in the City. The park service area of community parks extends to a
distance of 1-2 miles. The proposed Erhart Farm Subdivision is located directly adjacent to the
58-acre Fox Woods Park Preserve and directly across Highway 101 from the 45-acre Bandimere
Community Park. Bandimere Community Park offers a wide and growing array of recreational
amenities and has been open to the public since 1999. Development of public access points to
the Fox Woods Park Preserve, through a combination of vehicle and pedestrian touch points as
well as the installation of a series of nature trails within the preserve, will begin concurrent with
the development of the Erhart property.
Additional acquisition of public open space through the application of park dedication
requirements is not recommended as a condition of the subdivision.
Trail Plan
Residents purchasing homes within the new Erhart Farm subdivision will have convenient
pedestrian access to area public park facilities through careful planning and construction of some
key pedestrian improvements:
• Planning and construction of interior sidewalks within the subdivision.
• Planning and construction of a Highway 101 trail connection between the current trail
terminus at the Bandimere Park Pedestrian Underpass and the northern terminus of the
plat adjacent to and along Highway 101.
• Planning and construction of interior trails within the subdivision from Eagle Ridge Road
to Fox Woods Park Preserve and Powers Boulevard with future phases of the
development.
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 Erhart Farm for the 21 new housing units. The Park fees will be
collected in full at the rate in force upon final plat submission and approval. Based upon the
City’s 2021 single-family Park fee of $5,800 per unit, the total Park fees for Erhart Farm would
be $121,800.00.
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 17
MISCELLANEOUS
Building
1. A building permit must be obtained before beginning any construction.
2. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code, additional comments or
requirements may be required after plan review
3. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
4. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
5. Each lot must be provided with a separate sewer and water service.
Fire
1. Confirming this will connect to Eagle Ridge Road to the north at what point in
construction?
2. Fire hydrant locations and distancing look to be appropriate. No landscaping (trees,
shrubs, plants) to be done within three feet in all directions around each hydrant.
3. Roads 20-26 feet wide will need to have No Parking Fire Lane signs on both sides of the
road.
4. Roads 26-32 feet will need to be No Parking on one side of the road.
5. Elevation drops and grading for roads will need to meet Fire Access road maximum of
10%.
6. No combustible construction (wood) can begin until fire apparatus access roads are
approved (temporary is ok) and hydrants are installed and active/usable. Foundation work
is acceptable.
7. May not block emergency access or fire hydrants during construction at any time.
Carver County
Preliminary feedback on Erhart Farm Preliminary Plat PID# 251550022
1. Regarding access onto the County Highways
a. A Transportation Impact Analysis (TIA) is required based on the number of proposed
units for the full development of the parcel and potential traffic impacts to CSAH 101
and CSAH 17. The TIA will need to evaluate the operations at the following
intersections: CSAH 17/Proposed local road intersection, CSAH 101/W. 96th St., and
CSAH 101/Eagle Ridge Road intersections. See the attachment titled Appendix A:
Traffic Impact Analysis Process for requirements. Based on TIA findings, County
may impose reasonable conditions to mitigate development driven traffic impacts at
these intersections.
b. Future access is proposed at CSAH 17 for the full buildout of the development. The
proposed access to CSAH 17 is located 0.15 miles from the CSAH 17/TH 212 ramp
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 18
intersection to the north and 0.29 miles from the CSAH 17/CSAH 14 intersection to
the south. Turn lanes have already been constructed at the proposed access point.
c. The County’s Access Spacing Map in the 2040 Comprehensive Plan (Figure 4.14)
identifies this segment of CSAH 17 as Category 5B, which guides full access
intersection spacing at 1/4 mile intervals and secondary (limited) intersection spacing
at 1/8 mile intervals. As proposed, the distance to the CSAH 17/TH 212 ramp
intersection meets the spacing guidance for secondary (limited) access consideration
and the distance to the CSAH 17/CSAH 14 intersection meets the spacing guidance
for full access consideration. More information and review of operations and safety
analysis from the TIA is needed to determine the recommended and allowable
intersection type at the CSAH 17 connection point.
d. No additional direct access to CSAH 101 is proposed. Additional County review and
approval will be required if this condition changes.
2. Regarding highway right -of-way
a. CSAH 17 at this location is a 4-lane divided urban roadway facility with a trail on
both sides. The existing right-of-way adjacent to the parcel varies but is
approximately 50 feet from the centerline of the roadway plus a State-owned outlot
with a variable width. The right -of-way and combined State-owned outlot for CSAH
17 appear to meet the right-of-way guidance for consistency with the County’s 2040
Comprehensive Plan (Figure B.6), but further review of preliminary plat and survey
documents is required to confirm this.
b. CSAH 101 at this location is a 4-lane divided urban roadway facility with a trail on
both sides. The existing right-of-way adjacent to the parcel varies but is
approximately 75 feet from the centerline of the roadway. The right-of-way for
CSAH 101 appears to meet the right-of-way guidance for consistency with the
County’s 2040 Comprehensive Plan (Figure B.6), but further review of preliminary
plat and survey documents is required to confirm this.
c. Review of plat documents is needed to ensure existing right-of-way around the two
stormwater ponds adjacent to CSAH 101 is shown on the drawings.
d. County recommends all new, dedicated outlots adjacent to the County right -of-way
be owned by the City.
3. Noise mitigation along CSAH 17 and CSAH 101 is recommended via increased setback,
berm, and/or other screening of planned dwellings adjacent to CSAH 17 or CSAH 101.
4. The County will need to review and approve the final grading plans for properties
adjacent to CSAH 101 and CSAH 17. A grading permit will be required for grading work
within the highway right-of-way.
5. The technical details of the final plat, its boundaries and form(s) will need to be reviewed
and approved by the County surveyor.
6. Prior to any work affecting or on County highways or in County right-of-way, the
applicant shall coordinate plans with the County Engineer and obtain a Utility or
Excavating/Filling/Grading Permit(s) from Carver County Public
Works: (www.co.carver.mn.us/departments/public-works/quick-links/permits). Final
details of locations, grades, and profiles affecting County roads as well as any utility
connections will need to be reviewed and approved prior to any permits.
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 19
7. Any damages, modifications, or changes incurred on County highways from current or
approved conditions will need to remedied or updated at development expense, including
costs incurred by the County.
Planning
When this parcel is platted, it shall be removed from the rural service district in the city of
Chanhassen. Section 2-32 (c) Whenever any parcel of land included in the rural service district
is platted, in whole or in part, or whenever application is made for a permit for the construction
of commercial, industrial or urban residential building or improvement to be situated on such
parcel or any part thereof, or whenever such building or improvement is commenced without a
permit, the City Council shall make and enter an order by resolution transferring such platted or
improved parcel from the rural service district to the urban service district.
COMPLIANCE TABLE
Area (sq.
ft.)
Width
(ft.)
Depth (ft.) Hard
Cover
% / sq. ft.
Notes
Code 15,000 90 125 25 / 3,750 0.34 ac
L1 B1 15,333 115 139 25/3,833 0.35 ac. @request front
yard setback and wetland
buffer setback variance,
wetland setback
L2 B1 17,958 95 146 25/4,489 0.41 ac., corner lot, wetland
setback
L3 B1 18,046 77* 178 25/4,511 0.41 ac., 90 ft. at front
setback
L4 B1 29,680 63* 197 25/7,420 0.68 ac., 90 ft. at front
setback, wetland setback
L5 B1 28,614 74* 217 25/7,153 0.66 ac., 91 ft. at front
setback, wetland setback
L6 B1 21,023 87* 217 25/5,255 0.48 ac. 90 ft. at front
setback, wetland setback
L7 B1 20,382 87* 212 25/5,095 0.47 ac., 90 ft. at front
setback, wetland setback
L8 B1 24,737 74* 211 25/6,184 0.57 ac., 90 ft. at front
setback, wetland setback
L9 B1 29,913 63* 204 25/7,478 0.69 ac., 90 ft. at front
setback, wetland setback
L10 B1 23,040 91 182 25/5,760 0.53 ac. Corner lot
L11 B1 21,182 90 197 25/5,295 0.49 ac., wetland setback
L12 B1 15,525 94 178 25/3,881 0.36 ac., wetland setback
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 20
L13 B1 17,885 90 200 25/4,463 0.41 ac., wetland setback
L14 B1 24,884 90 233 25/6,221 0.57 ac.
L15 B1 29,985 90 239 25/7,496 0.69 ac.
L16 B1 16,035 90 187 25/4,008 0.37 ac.
L17 B1 22,162 98 168 25/5,540 0.51 ac., corner lot
L1 B2 15,029 105 173 25/3,757 0.35 ac.
L2 B2 15,288 90 153 25/3,822 0.35 ac.
L3 B2 15,573 108 153 25/3,893 0.36 ac.
L4 B2 15,458 121 141 25/3,864 0.35 ac.
L5 B 2 104,841 209 416 25/26,210 2.41 ac, accessed via
existing easement
Outlot A 28,233 0.65 ac. Open space
Outlot B 1,141,991 26.22, wetlands and open
space
Outlot C 7,844 0.18 ac. Lift station
Outlot D 571,456 13.12 ac. Future
development
Outlot E 890,939 20.45 ac. future
development
Outlot F 874,481 20.08 ac. Future
development
Outlot G 910,403 20.9 ac. Future
development
ROW 134,710 3.09 ac.
Total 5,102,632 117.14 ac
@ Request 5-foot front yard setback variance and a 10-foot wetland buffer setback variance.
* Request lot frontage variance (All lots meet the lot width requirement at 30 feet setback.)
Setbacks: 30-Foot Front and Rear; 10-Foot Side; Wetland 20-foot buffer 30-foot buffer setback
VARIANCE
The applicant is requesting the following variances as part of the subdivision:
1. Seven lots with less than 90 feet of frontage (Lots 3 through 9, Block 1).
2. One lot with a front yard setback variance of five feet to permit a 25-foot front yard
setback (Lot 1, Block 1).
3. One lot with a 10-foot wetland buffer setback to permit a setback of 20 feet (Lot 1,
Block)
4. Eagle Ridge Way is proposed to be a 26-foot wide back-of-curb to back-of-curb design
within a standard 60-foot right-of-way. The variance is from the City’s 31-foot wide
street standard.
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 21
Zoning variance findings section 20-58:
Finding: A setback variance to permit the home on Lot 1 to remain in line with those of the
existing development to the north is in harmony with the zoning standards. The lot frontages for
Lots 3 through 9 are slightly below the 90-foot standard, but all lots meet the lot width at the
building setback line.
a. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties" as used in connection with the granting of a variance, means that the property owner
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 22
proposes to use the property in a reasonable manner not permitted by this Chapter. Practical
difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy
systems.
Finding: The applicant’s proposed setback on Lot 1 is consistent with what is found on other
properties in the neighborhood to the north and is predicated by the location of the existing road
and wetland. The street frontages on Lots 3 through 9 are due to the tight radii on Eagle Ridge
Way and the attempt to minimize the roadway width.
b. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considerations, but to create a
development in harmony with the environment.
c. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The plight of the landowner is due to the existing development to the north of the
parcel, the wetland located east of the proposed lots, and the design to preserve significant
environmental features on the site.
d. The variance, if granted, will not alter the essential character of the locality.
Finding: The proposed subdivision will be compatible with the existing development to the
north (Foxwood), will create single-family detached homes on lots exceeding those in that
development, and be compliant with City Code.
e. Variances shall be granted for earth-sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
Variance findings for subdivision (Street width):
a. The hardship is not a mere inconvenience by providing reasonable access to Lots 2
through 10, Block 1 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 trees; a full sized public street is not necessary to provide
access to these properties within the development;
c. The condition or conditions upon which the request is based are unique and not generally
applicable to other property because of the development design and wetland preservation;
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 23
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 subdivision regulations, the zoning ordinance
and Comprehensive Plan since it will reduce potentially significant impacts on the site
and within the neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the rezoning of the
development from Agricultural Estate District (A2) to Single-Family Residential District (RSF);
preliminary plat with variances for street width, front yard setback (Lot 1, Block 1), wetland
setback (Lot 1, Block 1) and street frontages (Lots 3 through 9, Block 1) subject to the following
conditions:
Building
1. A building permit must be obtained before beginning any construction.
2. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code, additional comments or
requirements may be required after plan review
3. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
4. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
5. Each lot must be provided with a separate sewer and water service.
Fire
1. Confirming this will connect to Eagle Ridge Road to the north.
2. Fire hydrant locations and distancing look to be appropriate. No landscaping (trees,
shrubs, plants) to be done within three feet in all directions around each hydrant
3. Roads 20-26 feet wide will need to have No Parking Fire Lane signs on both sides of the
road.
4. Roads 26-32 feet will be No Parking on one side of the road.
5. Elevation drops and grading for roads will need to meet Fire Access road maximum of
10%.
6. No combustible construction (wood) can begin until fire apparatus access roads are
approved (temporary is ok) and hydrants are installed and active/usable. Foundation work
is acceptable.
7. May not block emergency access or fire hydrants during construction at any time.
Engineering
1. Easements identified within the platted area must be vacated before the City Council
considers final plat approval.
2. The developer will be required to obtain any necessary right-of-way easements for the
extension of W. 96th Street from abutting properties.
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 24
3. The driveway to the existing residence proposed to remain (Lot 5, Block 2) must be
surfaced with bituminous, concrete or other hard surface material.
4. The developer and their design team must work with staff to update the public street
layout and design, including sidewalk and trail locations.
5. If the variance for a 26-foot street width design is accepted by City Council, a sidewalk
must be installed along Eagle Ridge Way.
6. Public street sections stubbed-out for future extension must wholly be encumbered by
public right-of-way and updated on the final plat.
7. The developer must work with staff to improve the public stormwater facility’s access
route.
8. All wetland spoils associated with Interim Use Permit #2021-03 must be removed from
areas where public improvements are proposed. A geotechnical engineering firm shall be
on-site during grading operations to ensure the City’s Standard Specifications and Detail
Plates are adhered to along with any Minnesota Building Code requirements.
9. Grading plans must be updated to indicate the location of soil borings.
10. The developer’s engineer shall ensure that the maximum driveway grades shown on the
plan are calculated such that a 10-foot landing is provided where the driveway connects
to the street and a 5- to 10-foot landing is provided at the garage.
11. The future grading and conceptual build-out on Outlot E must be provided due to
concerns regarding drainage associated with Lots 1, 2, 3 and 4, Block 2.
12. Drain tile services are required for Lots 1, 2, 3 and 4, Block 2 as these lots are proposed
to drain from the back of the lot towards the street.
13. Any wells located on the property to be developed must be properly abandoned.
14. The developer must work with staff in the final construction plans and details of the
proposed lift station along with its location.
15. A geotechnical engineer’s recommendation on proper back fill and compaction for the
force main extended through the abandoned lift station location must be provided.
Environmental Resources
1. The developer shall conduct a walk-through of the grading limits on site prior to
removals with City staff to inspect for opportunities for additional tree preservation.
2. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
3. All trees shall be planted outside of the street right-of-way.
4. The applicant shall increase tree planting in the development to meet minimum
requirements of 273 trees and submit a landscape plan prior to final plat showing 273
trees to be planted.
5. Northern Pin Oak shall be replaced with white, bur, or red oak species in the plant
schedule.
6. The applicant shall eliminate any grading within the dripline of tree #217.
Planning
1. The developer shall comply with the requirements of Carver County regarding access and
right-of-way to County highways.
Erhart Farm – 775 W. 96th Street
July 20, 2021
Page 25
2. When this parcel is platted, it shall be removed from the rural service district in the City
of Chanhassen.
Water Resources
1. The applicant shall clarify if the 5-foot pervious nature trail is proposed to impact any
parts of Wetland 3 near Lot 5, Block 1.
2. The applicant shall submit information regarding re-seeding any areas where grading is
proposed within the wetland buffer, specifically in Lots 1 through 3, Block 1 and Lots 11
and 12, Block 2.
3. The applicant shall clarify if the proposed stormwater filtration basin is to be used as
treatment for only the current proposed subdivision or if it is to be used for future
additions on the parcel.
4. The applicant shall provide a copy of the approved RPBCWD permit before any
construction can start.
5. The applicant shall enter into an Operations & Maintenance Plan for any proposed
privately-owned stormwater facilities.
6. A Wetland Alteration Permit may be necessary if the proposed wetland impacts are not
deemed exempt according to Sec. 20-417 of the City Code.
ATTACHMENTS
Findings of Fact and Recommendation
Development Review Application
Narrative
Preliminary Plat
Site Development Plans
Appendix A: Traffic Impact Analysis Process
Public Hearing Notice and Mailing List
g:\plan\2021 planning cases\21-12 775 96th street w. rez sub var vac\staff report erhart farm.docx
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Black Cherry Development, LLC – Planning Case No. 2021-12, Erhart
Farm.
Request for Rezoning from Agricultural Estate District (A-2), to Single-Family Residential
District (RSF), Subdivision Approval creating 21 lots and seven outlots with a Variance for a
public street cross section, and Variances for lot frontages, front yard setback and wetland buffer
setback.
On July 20, 2021, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Black Cherry Development, LLC 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:
(See Exhibit A)
4. REZONING FINDINGS
The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse
affects of the proposed amendment. The six (6) affects and our findings regarding them are:
a. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City Comprehensive
Plan;
b. The proposed use is or will be compatible with the present and future land uses of the
area;
c. The proposed use conforms with all performance standards contained in the Zoning
Ordinance;
d. The proposed use will not tend to or actually depreciate the area in which it is proposed;
2
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. SUBDIVISION FINDINGS
a. The proposed subdivision is consistent with the zoning ordinance and meets all of the
requirements of the “RSF” Single-Family Residential 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 stormwater
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 the
subdivision ordinance;
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 stormwater 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 Lots 2 through
10, Block 1 while reducing potential impacts to the natural features on the site and within
existing off-site right-of-way;
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land including trees; a full sized public street is not necessary to provide
access to these properties within the development, while preserving trees;
3
c. The condition or conditions upon which the request is based are unique and not generally
applicable to other property because of the development design and wetland preservation;
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 subdivision regulations, the zoning ordinance and
Comprehensive Plan since it will reduce potentially significant impacts on the site and
within the neighborhood.
7. VARIANCE FINDINGS – Section 20-58 of the City Code provides the following criteria for
the granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes and
intent of this Chapter and when the variances are consistent with the Comprehensive Plan.
Finding: A setback variance to permit the home on Lot 1 to remain in line with those of the
existing development to the north is in harmony with the zoning standards. The lot
frontages for Lots 3 through 9 are slightly below the 90-foot standard, but all lots meet the
lot width at the building setback line.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties" as used in connection with the granting of a variance, means that the property
owner proposes to use the property in a reasonable manner not permitted by this Chapter.
Practical difficulties include, but are not limited to, inadequate access to direct sunlight for
solar energy systems.
Finding: The applicant’s proposed setback on Lot 1 is consistent with what is found on
other properties in the neighborhood to the north and is predicated by the location of the
existing road and wetland. The street frontages on Lots 3 through 9 are due to the tight radii
on Eagle Ridge Way and the attempt to minimize the roadway width.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considerations, but to
create a development in harmony with the environment.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The plight of the landowner is due to the existing development to the north of the
parcel, the wetland located east of the proposed lots, and the design to preserve significant
environmental features on the site.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The proposed subdivision will be compatible with the existing development to the
north (Foxwood), will create single-family detached homes on lots exceeding those in that
development, and is compliant with City Code.
4
f. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes
Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
8. The planning report #2021-12 dated July 20, 2021, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that City Council approve the proposed rezoning
from Agricultural Estate District (A-2), to Single-Family Residential District (RSF); Preliminary
Plat approval for 21 lots and seven outlots; a Variance for public street cross-section; and Variances
for lot frontages, front yard setback and wetland buffer setback for a single-family detached
residential subdivision subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 20th day of July, 2021.
CHANHASSEN PLANNING COMMISSION
BY:
Steven Weick, Chairman
5
EXHIBIT A
6
g:\plan\2021 planning cases\21-12 775 96th street w. rez sub var vac\findings of fact & recommendation.docx
COUUUN]TY DEVELOPUENT DEPARTUENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1 '100 / Fax: (9521227-1'110
subminal oates I l'1 \
CITY OT CHAI{HASSIil
\
APPLICATION FOR DEVELOPMENT REVIEW
ec oate(;l5.1@l-- cc Dat.lLLjLhJ- 6GDay Revien, Date:
Section 1: Application Type (check all that apply)
! Comprehensive Plan Amendment.
! Minor MUSA line for failing on-site sewers
! Conditional Use Permit (CUP)
E Single-Family Residence $325
$425E Alt ottrers
E lnterim Use Permit (lUP)
n ln coniunction rvith Single-Family Residence.. $325n ett otners $425
I Rezoning (REZ)
E Planned Unit Develop.nent (PUD) .................. $750
E Minor Amendment to existing PUD................. $100
E Sign Plan Review................................................... $150
E Site Plan Review (SPR)
f| Adminisa'atue $100
( thorsand square feet)
'lrdude nunbe. of q!L!!?q e(ndoyees:
'lrdude r rnbe. of !e! empbye6:
f| Resioentiat DisticE....-.................................... $500
Plus $5 per dwelling unit ( units)
E Subdivision (SUB)
n Create 3 lots or less ..........................-....-........ $300
E Create over 3 lots .......................$600 + $15 per lot( 25 lots)
E Metes & Bounds (2 lots).................................. $3oo
E Consolidate Lots ................. $150
n Lot Line Adjustnent.........................................$150
n Final P|at........ .........-...........$700
(lncludes $450 escrow for atlomey costs)'
'Additb.|al Gcrotv may be Equked br otEr apdicdins
ttrqrgh the de\relopaner* cotrhacl.
@ Vacaion of Easements/Right-of-way (VAC)........ $300
(Additiral rccording tues maY aPdY)
.... $600
.... $100
! Wetand Alteralion Permit (WAP)
n Single-Family ResidencE..............
! Altottrers.......
$150
$275
$100
$500
tr f#Tffi81'll,$f"11,?'i.'1s, ;;;i;iil;;:I r Zonins Appea,
E Zoning Ordinance Amendment (ZOA)
!qE: When multiplE applicatbns aro Foc€cs€d concu.rEnttl,
tfte .pp.op.iab le€ shall be chrg.d fo. each ep0lication.
E] property Omers' List within 5q)' (City b gcrE ate ane. se.€pdicdoo meetirE).........-...-- ..-. $3 per address
( 64 addresses)
a Escrow for Recording Documents (check all that apply)
! Site Plan Agreement
E Wetland Atteration Permitf| Conditional Use Permit ! lnterim Use Permit
E Vacation E Variance
Metes & Bounds Subdivision (3 docs.)Easements ( easements ) n Deeds
TOTAL FEE:2467 .OO
...............- $50 per document
Section 2: Required lnformation
Description of Proposal: Residential suMivision proposing 21 new single family lots
Property Address or Location:775 96th Si W. Chanhassen, MN. 55317
Parcel 6. 25155{X}22, 25155O010 Legal Description:
Total Acreage:
Present Zoning
I 15.31 Weflands present? ZI yes E No
. Agricultural Estate Disfict (A2)
Presenl Land Use Designation:Residenlial Low Density
Requested Zoning:Single.Family Residential Districl (RSF)
Requested Land Use Designation Residential Low Density
See Attached
Existing Use of Pmperty:t homestead
ECnect uox it separate narrative is attached
1lt.al.t
(Reter to the ary@Nide Apdicd*rn Choctdid lor requircd sLbmittal inlofiitstioo that mud accdrpany this application)
Section 3: Property Owner and Applicant lnformation
APPLICANT OTHER THAN PROPERTY OWI{ER: ln signing this application, l, as applicant, represent to have obtained
authorization ftom lhe property owner to file this application. I agree to be bound by conditions of approval, subject only lo
the right to object at the hearings on the application or during the appeal period. lf this applicalion 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
applicatlon. I will keep mlrself informed of lhe 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 procded with the study. I certify that the information and exhibits submitted are true and conect.
Black Cherry Develpment, LLc Contact:Tim Erhart
96'11 Meadowlark Lane
city/state/zip:
Email:
Chanhassen, MN 55317 Cell:612.963.0733
terhart@rikor.com
Signature:
tro''
-
Date: \. i'4 ' / \
Name Tim Erhart
Address:same
City/State/Zip
Email:
Signature:
Alliant
Cell:
Fax:
Cell:
Fax:
Contact:
Phone:
PROJECT EI{GINEER (if applicable)
Name:
Date:.,.t7.Lt
Mark Rausch
612.767.93i:!9Address
City/Statezip:
Email:
Minneapolis, MN 55402
mrausch@alliant-inc.com
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before fling this application, refer to the appropdate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
A determination of completeness of the application shall be made wilhin 15 business da)rs of aPPlication submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business da)rs of application.
Section 4: Notification lnformation
Yllho should receive copies of staff reports?
E Property Owner Ma: E Email
'Other Contact lnfomation:
Name: Dan Blake
Address
City/Statezip:
Email:danblake@pemlom.com
E] Applicant Ma:
@ Engineer Ma:
E Mailed Paper Copy
! t,taited Paper Copy
E Mailed Paper copy
E Mailed Paper copy
EZ Email
EmailE other-Via: E Email
INSTRUCTIONS TO APPLICANT:Complete all necessary form fields, then select SAVE FoRM to save a copy to your
device. PRINT FORM and deliver to city along wilh requied documents and payment SUBMIT FORM to send a digital
SAVE FORiI PRIi{I FOR SUB IT FOR
Name:
Address:Phone:
-_
PROPERTY OWNER: ln signing this application, l, as property owner, have tull legal capacity to, and hereby do,
authorize the filing of this application. t understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to obiect 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 additionalfees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization lo proceed with the
study. I certify that the information and exhibits submitled are true and conect.
Contact: _
Phone:
copy to the city for processing.
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 1 of 9
PRELIMINARY SUBDIVISION
REZONING, VACATION AND VARIANCE
SUBMITTAL REQUEST NARRATIVE
“ERHART FARM”
CHANHASSEN, MINNESOTA
May 14, 2021
PROPERTY / DEVELOPMENT SITE INFORMATION
Legal Description
Parcel 1: Lot 1, Block 1, Butternut Ridge Addition, according to the recorded plat thereof on file and of
record in the office of the county recorder, Carver County, Minnesota.
Abstract Property
Parcel 2: Outlot A, Butternut Ridge Addition, Carver County, Minnesota.
EXCEPTING THEREFROM the following:
Tract A: Outlot A, Butternut Ridge Addition, Carver County, Minnesota; which lies westerly
and northwesterly of Line 1 described below:
Line 1: Commencing at the north quarter corner of Section 26, Township 116 North, Range 23
West; thence run east on an azimuth of 89 degrees 58 minutes 40 seconds along the north line of
said section for for 523.29 feet to the point of beginning of Line 1 to be described; thence on an
azimuth of 230 degrees 31 minutes 30 seconds for 125.85 feet; thence on an azimuth of 251
degrees 33 minutes 26 seconds for 423.16 feet; thence on an azimuth of 173 degrees 19 minutes
17 seconds for 594.73; thence on an azimuth of 180 degrees 48 minutes 53 seconds for 493.70
feet to a point on the south line of said Tract A and there terminating.
ALSO EXCEPTING THEREFROM the following:
That part of Outlot A, Butternut Ridge Addition, Carver County, Minnesota, lying westerly of the
westerly right of way line of Trunk Highway No. 101, MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 10-46, AND 10-47, according to the
recorded plats thereof, Carver County, Minnesota, and easterly of the following described line:
Commencing at point B7 of said right of way plat; thence South 89 degrees 34 minutes 41
seconds West, assumed bearing, along the south line of said Outlot A 32.22 feet to the point of
beginning of a line to be described; thence northerly 200.91 feet along a non tangential curve,
concave to the west, central angle 20 degrees 11 minutes 41 seconds, radius 570.00 feet, chord
bearing North 09 degrees 18 minutes 16 seconds West; thence northwesterly 435.88 feet along a
compound curve, concave to the southwest, radius 703.00 feet, central angle 35 degrees 31
minutes 29 seconds; thence North 54 degrees 55 minutes 36 seconds West, along tangent, 516.07
feet to a point on said westerly right of way line and said line there terminating.
ALSO EXCEPTING THEREFROM the following:
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 2 of 9
That part of Outlot A, Butternut Ridge Addition according to the recorded plat thereof, Carver
County, Minnesota lying westerly of a line described as follows:
Commencing at the South corner of Lot 2, Block 4, Foxwood, according to the recorded plat
thereof Carver County, Minnesota; thence on an assumed bearing of North 00 degrees 02
minutes 05 seconds West along the East line of said Lot 2 a distance of 189.51 feet to the
Northeast corner of said Lot 2 and the point of beginning of said line; thence South 48 degrees 05
minutes 58 seconds East 61.09 feet; thence South 41 degrees 54 minutes 02 seconds West 134.40
feet to the Southwesterly line of said Lot 2 and said line there terminating.
Also:
That part of Lot 2, Block 4, Foxwood, according to the recorded plat thereof, Carver County,
Minnesota lying easterly of a line described as follows:
Commencing at the Southerly corner of Lot 2, Block 4, Foxwood, according to the recorded plat
thereof, Carver County, Minnesota; thence on an assumed bearing of North 00 degrees 02
minutes 05 seconds West along the East line of said Lot 2 a distance of 189.51 feet to the
Northeast corner of said Lot 2 and the point of beginning of said line; thence South 48 degrees 05
minutes 58 seconds East 61.09 feet; thence South 41 degrees 54 minutes 02 seconds West 134.40
feet to the Southwesterly line of said Lot 2 and said line there terminating.
Abstract Property
Address: 775 96th St. W, Chanhassen, MN. 55317
PID: 251550010 and 251550022
EXISTING SITE DESCRIPTION
The development site includes 2 existing parcels totaling 117.14 acre in size. A single family residence
with barn does exist on a 2.53 acre parcel internal to the property with the majority of the property
currently undeveloped. The property is bound by Powers Boulevard to the west, TH 101 to the east, Fox
Woods Preserve and Foxwood subdivision to the north and existing rural estate residential to the south.
The site has rolling terrain with several wetland areas and wooded areas scattered on the property. The
property does have right of way roadway access to Powers Boulevard, 96th Street and Eagle Ridge Road,
there are also two platted right of way corridor stubs from Flintlock Trail and Homestead Lane (without
constructed roads). The applicant has gathered wetland delineation information for the wetland areas
adjacent to the proposed residential subdivision area, ponded water areas in future development area have
also been surveyed. A portion of the parent property falls within the boundaries of the Bluff Creek Overlay
District, however, no development is proposed near that area in this application.
PRELIMINARY SUBDIVISION, REZONING AND VACATION REQUEST
The proposed subdivision request includes creation of 21 new single family homes lots. The development
proposal requires rezoning of only a portion of the existing Erhart property at this time. There will be a
large remnant of land that will remained undeveloped and is assumed able to remain with current use and
zoning. The proposed subdivision area will require rezoning of the property from A2 - Agricultural Estate
District to RSF – Residential Single Family District. The proposed rezoning of the property from A2 to
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 3 of 9
RSF will provide a per acre unit density (in developed area), consistent with the City’s Comprehensive Plan
land use plan for the property.
Comprehensive Plan Designation
The parent property has two 2040 Comprehensive Plan Land Use designations within the full boundary.
The property is primary guided as Residential Low Density with a section of land in the northwest corner
along Powers Blvd and TH 212 guided as Office. The proposed residential subdivision area falls within the
area guided for residential low density. Adjacent land uses to the south and north are either guided as
Residential Low Density or Residential Large Lot and a section of land to the north is guided as Parks
Open Space. All adjacent land uses are compatible to the proposed development proposal.
The proposed subdivision consists of 21 new single family lots and 1 existing home to remain. Residential
Low Density land use guides for single family housing density of 1.2 – 4.0 units per acre. The proposed
development plan has a net density of 1.2 units per net acre within the proposed new lots subdivision area.
Land Use Density Calculation
Gross Acreage (Full Property) - [A] 117.14 acres
Delineated Wetland Area (Wetlands 2, 3) 1 - [B] 22.564 acres
Subdivision Related Outlots (A, B, C) 2 - [C] 27.045 acres
Existing Residential Lot (Per proposed plat) -[D] 2.407 acres
Future Development Outlots – [E] 74.547 acres
Approximate Subdivision Net Acreage = A – B – D – E 17.622 acres
Net Density (21 lots) 2 1.2 units per acre
Notes:
1) Wetland 1 is excluded as the development plan proposes to impact this wetland and Wetland 4 is
excluded since it is in a future development area.
2) Calculation includes Outlots A, B and C for density estimate (with wetlands 2 &3 areas deducted)
Zoning Classification and Rezoning Request
The proposed application requests approval for rezoning a portion of the property proposed as new single
family homes from Agricultural Estate District (A2) to Residential Single Family District (RSF). The
proposed rezoning is consistent with the guiding land use for the property and consistent with adjacent
uses. The Foxwood development to the north of was zoned Residential Low and Medium Density District
(RLM) and the properties to the south are Agricultural Estate District (A2). The development site land not
subdivided as new single family lots can remain as currently zoned, Agricultural Estate District (A2).
There are a few lots that do not meet all the criteria of the RSF District standards and thus this application
does request review and approval of 3 variance requests. See Variance Request section in this narrative for
detailed request.
A summary of required and proposed lot standards criteria for RSF zoning is as follows:
Required Proposed
Lot Area - Minimum 15,000 SF 15,029 SF (0.345 ac)
Average Lot Area N/A 20,844 SF (0.479 ac)
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 4 of 9
Lot Width – Minimum R/W Frontage 90’ 63.42’ (Variance Requested) 1
Lot Width – Minimum @ Front Setback N/A 90’ 2
Lot Depth – Minimum 125’ 134.4’
Setbacks:
Front 30’ 30’ (25’ min) (Variance Requested)3
Rear – Principal 30’ 30’
Side – Structure 10’ 10’
Wetland Buffer 30’ 30’ (20’min) (Variance Requested) 4
Maximum Impervious Lot Coverage 25% 25%
Maximum Principal Structure Height 35’ 35’
Minimum Right-of-Way Width 60’ 60’
Notes and zoning exceptions requested, also see Variance Request section of narrative:
1) Variance requested for reduced frontage width for 7 lots (Lots 3-9, Block 1).
2) Proposed minimum lot width measured at the front setback.
3) Variance requested for 1 lot (Lot 1, Block 1) to reduce front setback to 25’ (only lot directly
adjacent to Foxwood lots).
4) Variance requested for 1 lot (Lot 1, Block 1) to reduce wetland buffer setback to 20’ (lot
adjacent to Foxwood lots).
Subdivision Features and Benefits
• 21 new single family homes and inclusion of the existing home to remain
• Preservation of onsite wetlands and creation of wetland buffers.
• Outlots provided over the preserved wetland area abutting the proposed new single family lots.
• Wetland outlot B to be provided to the City after final platting.
• Wetland buffer creation in accordance with City and Watershed requirements.
• Extension of public watermain south to 96th Street.
• Removal of the “temporary” Foxwood lift station and proposal for a new permanent lift station that
can be designed to accommodate future service for the existing homes on 96th Street.
• Significant tree preservation in area of development including proposal for a conservation
easement area.
• Site plan provides a secondary right of way connection for the existing Foxwood and 96th St.
housing developments.
• Extension of public right of way including roadway, sanitary sewer, and watermain to the southern
property boundary.
• Installation of stormwater management facilities to provide volume control, water quality and rate
control for runoff from the new roadway surfaces prior to discharging to the existing wetlands.
Site Access and Pedestrian Circulation
The initial phase of the development site has available vehicular right of way access from Eagle Ridge
Road by way of the Foxwood Development and 96th Street. Both Eagle Ridge Road and 96th Street
currently dead-end with temporary style turn-arounds. The development as proposed will provide second
access points to 2 existing developments improving the emergency servicing ability for each development
as well as the proposed Erhart Farm project.
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 5 of 9
The Eagle Ridge Road and 96th Street roadway extensions are proposed with the City standard 60’ wide
right of way and a 31’ back of curb to back of curb road width. A public sidewalk is proposed along Eagle
Ridge Road from Foxwood southerly to the proposed intersection with 96th St and along 96th St. The
proposed Eagle Ridge Way roadway section is proposed with a modification to City standard. The
development plan proposes the typical 60’ right of way width for Eagle Ridge Way, however, the road
width is proposed at a narrower 26’ back-to-back width. The proposed narrower width is requested to
reduce impervious surface, save additional trees and because this will be a single loaded road with homes
only on 1 side of the street.
The project is also proposing a nature trail routed along the rear of several lots adjacent to wetland 3 that
will be placed within a trail easement. The plan is for this trail is to ultimately cross the wetland 2 overflow
outlet to wetland 3 and connect to the TH 101 trail.
Grading and Topography
The site has been designed to fit within the existing natural features and topography. Mass grading will be
required to construct the public roadways, house pads, and stormwater management areas. Some small
retaining walls will be necessary to construct some future home sites, however, they are designed to stay
within individual lots with no cross-lot walls needed and thus will be the responsibility of the future lot
owners. Since the retaining walls are contained within individual lots they will be built as needed with the
home construction and could vary from depiction is subdivision submittal plans. The mass grading
activities do require removal of several onsite trees, however, there are significant tree savings proposed.
The grading plan proposed little to no grading within proposed wetland buffers and existing steeper slope
areas. Per City requirement all proposed graded slopes will not exceed 3 horizontal to 1 vertical.
Sanitary Sewer and Watermain
The site has limited access to public sanitary sewer via an existing lift station within Foxwood, however,
City Staff has provided direction that no additional homes should be added to the existing Foxwood lift
station. The Foxwood lift station was designed as “temporary” when the Foxwood project was constructed
and the long term plan was to connect the Foxwood gravity sewer to another lift station in the future. The
Erhart Farm development proposes to construct a new permanent lift station in the south end of the
proposed plat near 96th Street. The new lift station would allow for the removal of the Foxwood lift station,
however, the existing forcemain within Foxwood would be used by the new lift station. The proposed lift
station will also be designed with depth to serve the homes along 96th Street and that will allow for the City
to remove the existing lift station servicing the 96th St homes in the future.
The existing 4” forcemain that outlets the Foxwood lift station will be the same outlet for the proposed lift
station. The 4” forcemain does have a capacity for up to 180 homes, assuming the construction of a new
lift station, wet well and pumps to accommodate the additional flow. The existing Foxwood lift station
current serves 48 homes and the current development proposal will add 21 new homes (the existing home is
not included at this time). This will leave additional service capacity for roughly 111 homes with
construction of the new lift station.
The site will connect to public water via a 12” public watermain at the south end of Foxwood within Eagle
Ridge Road. The 12” watermain will be extended southerly through the project within Eagle Ridge Road
and stub for future extension. The project will extend or stub 8” diameter lateral trunk watermains within
the development and easterly in 96th Street for future connection to the homes in 96th St.
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 6 of 9
Stormwater Management
The development is located within the Riley Purgatory Bluff Creek Watershed District and so is required to
provide stormwater management in accordnance with RPBCWD and City regulations. The proposed
development’s stormwater management plan does provide the required volume control, water quality, and
peak rate control. The development will provide stormwater management via one treatment basin. The
development is also proposing some permanent preservation of upland area within conservation easement.
Runoff to infiltration areas from the proposed roadways will be captured and pretreated in a sump
manholes and forebays prior to discharging into the basins. The basin will provide the required water
quality and rate control of stormwater prior to discharging to the downstream wetland.
Wetland Management
The site’s wetlands were delineated by Kjolhaug Environmental Services (KES). KES delineated any
wetlands near the proposed single family subdivision area and 4 wetlands (1, 2, 3 and 4) were identified. A
MnRAM analysis has been performed with the delineation to confirm the classifications of the wetlands.
The City of Chanhassen and Riley Purgatory Bluff Creek Watershed District have slight differences in
wetland classification labels and regarding wetland buffers requirements. The following is a summary of
the buffer requirements for the project:
Local Governmental Unit
City of Chanhassen Riley Purgatory Bluff Creek Watershed District
Wetland
Classification
Buffer Strip
Requirement
Principal
Structure
Setback
to Buffer
Accessory
Structure
Setback to
Buffer
Wetland
Classification
Average
Buffer
Width
Required
Min. Buffer
Width
Required
OUTSTANDING 50 50 50 N/A
PRESERVE 40 40 20 EXCEPTIONAL 80 40
MANAGE 1 25 30 15 HIGH 60 30
MANAGE 2 20 30 15 MEDIUM 40 20
MANAGE 3 16.5 30 15 LOW 20 10
The development plan assumes the most conservative buffer application as defined above by proposing
buffers in compliance with RPBCWD with the structure buffer setback in accordance with the City rules.
This combination of buffer and buffer setback that slightly exceeds the City’s standalone requirement. The
project does request variance to reduce the principal structure setback to buffer for one lot (Lot 1, Block 1),
see Variance Request section of narrative. The following is a summary of the proposed wetland buffers:
Wetland Area4 Classification Lineal
Frontage3
Buffer Area
For Avg Calc.4
Minimum
Buffer Width
Average Buffer
Provided
11 2,238 SF MANAGE 1
2 139,758 SF MANAGE 1 986 LF 42,497 SF 20’ 43.1’
3 843,116 SF MANAGE 2 1,871 LF 75,742 SF 20’ 40.5’
42 19,962 SF MANAGE 2
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 7 of 9
Notes:
1) This wetland is assumed to be fully impacted by development and will require mitigation
permitting.
2) A buffer to wetland 4 is not proposed at this time as there is no development proposed abutting that
wetland.
3) Lineal frontage listed is as assumed for buffer requirement calculation, also refer to wetland
management plan for additional calculation details.
4) Actual wetland buffer to be provided is greater than value used for averaging calculation.
The development plan proposes impact to 1 of the delineated onsite wetlands. The small wetland 1 is to be
impacted because of the necessary road construction and associated grading and changes to existing
hydrology. It is assumed that the necessary wetland mitigation will be done offsite through purchasing
wetland banking credits.
The applicant has previously received an interm use permit (IUP) to excavate within wetland 2 delineated
limits to create water storage areas. The wetland 2 work started in winter 2021 but was not able to be
finished at that time, and that work is proposed for completion in Winter 2021/22. The applicant has also
received no loss permit approval to excavate with a portion of Wetland 3 and plans to complete that
excavation work in winter 2021/22 as well.
Tree Preservation
The estimated baseline tree canopy coverage for the full development site is 60% of the net area (excluding
wetland areas). Per the City code, low density residential is allowed to remove trees to a limit of 35% tree
canopy prior to requirement of replacement mitigation. The development plan proposes to maintain tree
canopy coverage of 47% for the property and thus no tree preservation plan specific tree replacement is
required at this time.
The applicant is proposing a conservation easement over a portion of the rear of lots along Eagle Ridge
Way and abutting the buffer area of wetlands 2 and 3.
Landscaping
The landscape plan for the project includes boulevard trees and seeding of disturbed areas and stormwater
management area. The proposed single family yards will be vegetated with typical residential turf grass,
disturbed outlot areas with native seed mix, and pond and infiltration basin with appropriate seed mixes.
EASEMENT VACATION REQUEST
The proposed subdivision plan does require a lot line adjustment to the existing residential lot that currently
contains 1 home and barn. The home and barn will remain at this time and the dimensions of the lot
containing the existing home will be slightly modified. As a result of needing a modification to the existing
lot, the applicant is request approval to vacate the standard public drainage and utility easements within the
existing lot. The proposed preliminary plat does propose to replace public drainage and utility within the
newly configured lot. It is understood that the vacation will not officially be enacted until the property is
final platted and the proposed easements can be established.
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 8 of 9
VARIANCE REQUEST
The subdivision as proposed request review and approval of 3 variances including:
1. 7 RSF zoned lots (Lots 3-9, Block 1) with less than 90 lineal feet of right of way frontage.
2. 1 RSF zoned lot (Lot 1, Block 1) with a proposed front setback of 25’
3. 1 RSF zoned lot (Lot 1, Block 1) with a proposed wetland buffer setback of 20’.
Variance Explanation and Justification
1. Variance is requested for 7 lots (Lots 3-9, Block 1) to reduce RSF zoning required minimum lot
frontage from 90 feet to dimensions as proposed per preliminary plat. All 7 lots are along the
internal single loaded loop road called Eagle Ridge Way. The variance request is needed due to the
lineal footage hardship created by ‘tighter’ horizontal roadway curves limiting right of way
frontage. The applicant is proposing a narrower road pavement surface and tighter alignment to
minimize the roadway ‘footprint’ and maximize preservation of trees, yet still create enough lots to
meet the City’s density goals for the area. All 7 lots do meet the typical RSF required lot width at
the front setback and exceed the minimum lot area and depths. There are ways to create irregular
dimensioned right of way to get to a lot frontage calculation equal to 90’ per lot, however, the
applicant prefers to request approval of a variance in this case as the preferred design. Variance
approval would result in lots with:
a. Smallest lot area (Lot 3, Block 1) of 18,046 sf and the average lot size for the 7 lots of
24,628 sf or 64% greater than the RSF minimum of 15,000 SF.
b. 90’ minimum lot width provided at 30’ front setback for all 7 lots.
c. A minimum lot depth of 174’ for the 7 lots and most are well over that depth.
d. Proposed conservation easement on the sloped tree area within a rear portion of most of
these lots.
2. Variance is requested for a reduced front yard setback for Lot 1, Block 1 from the typical RSF
zoning 30’ front yard setback to the typical RLM zoning 25’ front yard setback. This lot is the
only Erhart Farm lot proposed directly adjacent to homes within the Foxwood development. The
Foxwood project was developed with RLM zoning standards including a 25’ front yard setback.
Proposed variance would allow for Lot 1, Block 1 to have same front yard setback as the existing
lot located directly north of the proposed lot. Variance request to reduce the front setback is due to
the shallow lot hardship directly created for the lot by the location of the existing Eagle Ridge Road
right of way (constructed with the Foxwood development) and the proximity to wetland 2.
3. Variance is requested for a reduced principal structure setback to a wetland buffer for Lot 1, Block
1 from the typical 30’ wetland buffer to a 20’ principal structure setback. The variance request to
reduce the setback is due to the shallow lot hardship directly created for the lot by the location of
the existing Eagle Ridge Road right of way (constructed with the Foxwood development) and the
proximity to wetland 2. Wetland 2 has a manage 2 classification with a 20’ minimum buffer
required and an allowed 15’ accessory structure setback to the buffer. The reduction of the
principal structure setback from 30’ to 20’ will better allow for home construction on the lot.
Variance request to reduce the setback is due to shallow lot hardship directly created for lot by the
location of the existing Eagle Ridge Road right of way which was constructed with the Foxwood
development and the proximity to wetland 2. Variance approval of requests 2 and 3 would result in
a developable lot (Lot 1, Block 1) with:
a. Lot area = 15,333 sf
Preliminary Subdivision Submittal May 14, 2021
Erhart Farm – Chanhassen, MN Page 9 of 9
b. Lot width (R/W frontage) = 114.94 ft
c. Min lot depth = 134.4 ft
d. Buildable principal structure pad depth = 55 ft
TIMING/PHASING
If the City approves the preliminary subdivision and rezoning request, it is the Applicant’s desire to
proceed immediately with application for final plat review and plans for a mass grading start in Late
Summer/Fall 2021.
CONCLUSION
The applicant respectfully concludes that the request for a rezoning and preliminary subdivision approval
will allow for a development consistent with City Goals and Objectives for this area. The proposed
development will create a single family subdivision that; meets density goals of the area, is consistent with
the adjacent land uses and upgrades and extends public utilities and right of way to adjacent properties.
EXCEPTIONEAGLE RIDGE ROADTEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREAT PLAINS BLVD.)96TH STREETWETLAND 3WETLAND 211032456789BLOCK 1OUTLOT AWETLAND 41112131415161742315OUTLOT BOUTLOT EOUTLOT DOUTLOT BOUTLOT BBLOCK 1 BLOCK 2 BLOCK 1OUTLOT C EAGLE RIDGE WAY EAGLE RIDGE ROADEAGLE RIDGE ROAD96TH STREETPROJECTLOCATION1ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
COVER SHEET 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION 10-12SHEET INDEX NO.COVER SHEET1VICINITY MAPNOT TO SCALEERHART FARMCHANHASSEN, MINNESOTASITE, LIGHTING, AND SIGNAGE PLAN7-9GRADING AND DRAINAGE PLANPOND AND DRAINAGE DETAIL151618-20PRELIMINARY PLAT4-6SANITARY SEWER AND WATERMAIN PLANBOUNDARY & EXISTING CONDITIONS SURVEY21-23STORM SEWER PLAN24-2632LANDSCAPING PLAN2-327-31SUITE 700ALLIANT ENGINEERING, INC.733 MARQUETTE AVENUEMINNEAPOLIS, MN 55402PH: 612-758-3080CONSULTANTFX: 612-758-3099SURVEYORENGINEERPETER GOERSLICENSE NO. 44110MARK RAUSCHLICENSE NO. 43480LANDSCAPE ARCHITECTEM: mrausch@alliant-inc.comEM: pgoers@alliant-inc.comMARK KRONBECKLICENSE NO. 26222EM: mkronbeck@alliant-inc.comDEVELOPERSUITE 3000BLACK CHERRY DEVELOPMENT, LLC14500 MARTIN DRIVE,EDEN PRAIRIE, MN 55344CONTACT: DAN BLAKEEROSION AND SEDIMENT CONTROL PLANWETLAND BUFFER PLANTREE PRESERVATION PLAN13-14GRADING PROFILES17EROSION AND SEDIMENT CONTROL NOTES AND DETAILSCONTACT: TIM ERHART
TEMPORARYCUL-DE-SACS00°28'49"E 290.40
C.S.A.H. NO. 17HOMESTEAD LANEFLIN
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201.86 C.Brg=N42°22'13"WC=65.89N89°58'27"E 2271.51S58°13'57"W95.58N80°03'14"E 191.03N89°35'13"W 2624.99EXCEPTIONEXCEPTION
96TH STREETS68°55'16"W90.18S37°00'56"W126.72S00°08'37"W77.44S07°46'10"E168.21S02°39'45"E 336.70S00°17'44"W 279.90S03°39'00"W116.56S01°15'03"W104.151"=100'5/14/2021PGJDTFIELD CREWDRAWN BYSCALEDATE ISSUEDJOB NO.CHECKED BY20-0090CHANHASSEN, MNERHART FARMDA,DDSignatureDate License NumberPrint NamePETER GOERSI hereby certify that this survey, plan, or reportwas prepared by me or under my directsupervision and that I am a duly Licensed LandSurveyor under the laws of the state ofMinnesota.733 Marquette Ave, Ste 700Minneapolis, MN 55402612.758.3080 612.758.3099www.alliant-inc.comMAINFAXMay 14, 202144110PROPERTY DESCRIPTIONParcel 1:Lot 1, Block 1, Butternut Ridge Addition, according to the recorded plat thereof on file and of record in the office ofthe county recorder, Carver County, Minnesota.Abstract PropertyParcel 2:Outlot A, Butternut Ridge Addition, Carver County, Minnesota.EXCEPTING THEREFROM the following:Tract A: Outlot A, Butternut Ridge Addition, Carver County, Minnesota; which lies westerly and northwesterly ofLine 1 described below:Line 1: Commencing at the northeast corner of Section 26, Township 116 North, Range 23 West; thence westerly onan azimuth of 269 degrees 58 minutes 40 seconds along the north line of said section for 2271.51 feet to the point ofbeginning of Line 1 to be described; thence on an azimuth of 238 degrees 14 minutes 10 seconds for 95.58 feet;thence on an azimuth of 248 degrees 55 minutes 29 seconds for 90.18 feet; thence on an azimuth of 260 degrees 03minutes 27 seconds for 191.03 feet; thence on an azimuth of 217 degrees 01 minutes 09 seconds for 126.73 feet to apoint hereinafter referred to as Point “A”; thence continue on an azimuth of 217 degrees 01 minutes 09 seconds for15.12 feet; thence on an azimuth of 172 degrees 14 minutes 03 seconds for 234.17 feet; thence on an azimuth of 177degrees 20 minutes 28 seconds for 336.70 feet; thence on an azimuth of 180 degrees 17 minutes 57 seconds for279.90 feet; thence on an azimuth of 181 degrees 15 minutes 16 seconds for 104.15 feet; thence on an azimuth of 183degrees 39 minutes 13 seconds for 116.63 feet to a point on the south line of said Tract A and there terminating.ALSO EXCEPTING THEREFROM the following:That part of Outlot A, Butternut Ridge Addition, Carver County, Minnesota, lying westerly of the westerly right ofway line of Trunk Highway No. 101, MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAYPLAT NO. 10-46, AND 10-47, according to the recorded plats thereof, Carver County, Minnesota, and easterly ofthe following described line:PROPERTY DESCRIPTION, cont.Commencing at point B7 of said right of way plat; thence South 89 degrees 34 minutes 41 seconds West,assumed bearing, along the south line of said Outlot A 32.22 feet to the point of beginning of a line to bedescribed; thence northerly 200.91 feet along a non tangential curve, concave to the west, central angle 20degrees 11 minutes 41 seconds, radius 570.00 feet, chord bearing North 09 degrees 18 minutes 16 secondsWest; thence northwesterly 435.88 feet along a compound curve, concave to the southwest, radius 703.00 feet,central angle 35 degrees 31 minutes 29 seconds; thence North 54 degrees 55 minutes 36 seconds West, alongtangent, 516.07 feet to a point on said westerly right of way line and said line there terminating.ALSO EXCEPTING THEREFROM the following:That part of Outlot A, Butternut Ridge Addition according to the recorded plat thereof, Carver County, Minnesota lyingwesterly of a line described as follows:Commencing at the South corner of Lot 2, Block 4, Foxwood, according to the recorded plat thereof Carver County,Minnesota; thence on an assumed bearing of North 00 degrees 02 minutes 05 seconds West along the East line ofsaid Lot 2 a distance of 189.51 feet to the Northeast corner of said Lot 2 and the point of beginning of said line; thenceSouth 48 degrees 05 minutes 58 seconds East 61.09 feet; thence South 41 degrees 54 minutes 02 seconds West134.40 feet to the Southwesterly line of said Lot 2 and said line there terminating.Also:That part of Lot 2, Block 4, Foxwood, according to the recorded plat thereof, Carver County, Minnesota lying easterlyof a line described as follows:Commencing at the Southerly corner of Lot 2, Block 4, Foxwood, according to the recorded plat thereof, CarverCounty, Minnesota; thence on an assumed bearing of North 00 degrees 02 minutes 05 seconds West along the Eastline of said Lot 2 a distance of 189.51 feet to the Northeast corner of said Lot 2 and the point of beginning of said line;thence South 48 degrees 05 minutes 58 seconds East 61.09 feet; thence South 41 degrees 54 minutes 02 secondsWest 134.40 feet to the Southwesterly line of said Lot 2 and said line there terminating.Abstract PropertyLEGENDSHEET 1 OF 2 SHEETSBOUNDARY &EXISTING CONDITIONS SURVEY
EAGLE RIDGE ROADTEMPORARYCUL-DE-SACS00°28'49"E 290.40 S89°34'34"W 633.00S00°28'49"E 290.40 S89°34'34"W 150.00N00°28'49"W 290.40
S89°34'34"W 300.00S89°53'00"E 514.70(M)STATE TRUNK HWY. NO. 101(GREAT PLAINS BLVD.)N00°02'05"W167.28N48°05'58"W61.09N00°02'05"W201.86
N00°28'49"W 290.40
N89°34'34"E 447.59N41°54'02"E134.40R=330.00L=66.00=11°27'30"C.Brg=N42°22'13"WC=65.89R=570.00L=200.91=20°11'41"C.Brg=N9°18'23"WC=199.87R=703.00L=435.88Δ=35°31'29"N54°55'43"W 515.59R=635.83L=195.96Δ=17°39'30"R=358.31L=237.58Δ=37°59'27"R=1069.13L=138.63Δ=7°25'46"S64°26'53"E 10.91EXCEPTION96TH STREET1"=100'5-14-2021PGJDTFIELD CREWDRAWN BYSCALEDATE ISSUEDJOB NO.CHECKED BY20-0090CHANHASSEN, MNERHART FARMDA,DDSignatureDate License NumberPrint NamePETER GOERSI hereby certify that this survey, plan, or reportwas prepared by me or under my directsupervision and that I am a duly Licensed LandSurveyor under the laws of the state ofMinnesota.LEGEND733 Marquette Ave, Ste 700Minneapolis, MN 55402612.758.3080 612.758.3099www.alliant-inc.comMAINFAXMay 14, 202144110SHEET 2 OF 2 SHEETSNOTES1. This survey and the property description shown here on are based upon information found in the commitment for titleinsurance prepared by Trademark Title Services, Inc. as agent for Stewart Title Guaranty Company, file no. 20-4566,Revision No. 3, dated July 22, 2020.2. The basis of bearings is Carver County Coordinate System NAD83 (86 adj).3. All distances are in feet.4. Wetlands depicted per delineation report provided by Kjolhaug Environmental Services Company, Inc., (KES ProjectNo. 2020.041) dated July 7, 2020.5. The area of the described property is 5,102,632 sq. ft.; 117.140 acres.6. The limits of field surveyed area depicted on the survey. The contours shown outside the field surveyed area are perLiDAR information provided by the Minnesota Geospatial Information Office.7. Benchmark: TNH on NW side of southern most cul-de-sac of Eagle Ridge Road has an elevation of 900.07 feetNAVD 88.BOUNDARY &EXISTING CONDITIONS SURVEY
EXCEPTIONEXCEPTION
EXCEPTIONEAGLE RIDGE ROAD
TEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREAT PLAINS BLVD.)C.S.A.H. NO. 17HOMESTEAD LANEFLIN
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D96TH STREET1239.42'S0°17'44"W 279.90'S0°08'37"W77.44'S68°55'16"W90.18'S58°13'57"W95.58'N89°58'27"E 2271.51'L=66.00'R=330.00'Δ=11°27'30"N41°54'02"E134.40'N48°05'58"W61.09'N0°02'05"W
167.28'S89°53'00"E 514.70'L =1 9 5 .9 6 '
R =6 3 5 .8 3 '
Δ =1 7 °3 9 '3 0 "L=237.58'R=358.31'Δ=37°59'27"L=138.63'R=1069.13'Δ=7°25'46"S64°26'53"E10.91'N54°55'43"W 515.59'L=435.88'R=703.00'Δ=35°31'29"L =2 0 0 .9 0 '
R =5 7 0 .0 0 'Δ=2 0 °11 '4 1 "N89°34'34"E 447.59'N0°28'49"W 290.40'S89°34'34"W 300.00'N0°28'49"W 290.40'S89°34'34"W150.00'S0°28'49"E 290.40'S89°34'34"W 633.00'N89°35'14"W 2685.43'S0°28'49"E 179.99'
N0°02'05"W
201.86'887.89'1383.62'716.23'S0°24'46"W 333.13'831.80'443.68'N89°35'14"W 1275.48'S0°24'46"W 778.85'390.33'983.01'604.00'N42°51'23"E 1320.23'S3°39'00"W116.56'S1°15'03"W104.15'S2°39'45"E 336.70'S7°46'10"E168.21'S80°03'14"W191.03'S37°00'56"W126.72'PARCEL AREA TABLEPARCELB1-L1B1-L2B1-L3B1-L4B1-L5B1-L6B1-L7B1-L8B1-L9B1-L10B1-L11B1-L12B1-L13B1-L14B1-L15B1-L16B1-L17AREA SF15,33317,95818,04629,68028,61421,02320,38224,73729,91323,04021,18215,52517,88524,88429,98516,03522,162AREA AC0.350.410.410.680.660.480.470.570.690.530.490.360.410.570.690.370.51PARCEL AREA TABLEPARCELB2-L1B2-L2B2-L3B2-L4B2-L5OUTLOT AOUTLOT BOUTLOT COUTLOT DOUTLOT EOUTLOT FOUTLOT GROWTOTALAREA SF15,02915,28815,57315,458104,84128,2331,141,9917,844571,456890,939874,481910,403134,7105,102,632AREA AC0.350.350.360.352.410.6526.220.1813.1220.4520.0820.903.09117.144ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
PRELIMINARY PLAT - OVERVIEW 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION LEGEND:DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:Being 5 feet in width and adjoining lot lines and 10 feet inwidth and adjoining right of way lines, unless otherwiseindicated on the plat.NOT TO SCALE
EAGLE RIDGE ROADTEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREAT PLAINS BLVD.)11032456789BLOCK 1OUTLOT AOUTLOT EOUTLOT BB
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EAGLE RIDGE WAY EAGLE RIDGE ROAD====L=66.00'R=330.00'Δ=11°27'30"N41°54'02"E134.40'N48°05'58"W61.09'N0°02'05"W
167.28'S89°53'00"E 514.70'L =1 9 5 .9 6 '
R =6 3 5 .8 3 '
Δ =1 7 °3 9 '3 0 "L=237.58'R=358.31'Δ=37°59'27"N0°02'05"W
201.86'1383.62'5ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
PRELIMINARY PLAT - VIEW A 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION LEGEND:DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:Being 5 feet in width and adjoining lot lines and 10 feet inwidth and adjoining right of way lines, unless otherwiseindicated on the plat.NOT TO SCALE
96TH STREET1091112131415161742315OUTLOT EOUTLOT DOUTLOT BBLO
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D96TH STREET===N0°28'49"W 290.40'S89°34'34"W150.00'S0°28'49"E 290.40'S89°34'34"W 633.00'S0°28'49"E 179.99'983.01'6ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
PRELIMINARY PLAT - VIEW B 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION LEGEND:DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:Being 5 feet in width and adjoining lot lines and 10 feet inwidth and adjoining right of way lines, unless otherwiseindicated on the plat.NOT TO SCALE
EXCEPTIONEXCEPTION
EXCEPTIONEAGLE RIDGE ROAD
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96TH STREETWETLAND 3WETLAND 2WETLAND 111032456789BLOCK 1OUTLOT AWETLAND 41112131415161742315OUTLOT BOUTLOT FOUTLOT EOUTLOT DOUTLOT BOUTLOT BBLO
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D96TH STREET7ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
SITE PLAN - OVERVIEW 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION LEGEND: SITE PLAN DATA TYPICAL LOT DETAILEAGLE RIDGE ROAD AND 96THSTREET TYPICAL SECTIONEAGLE RIDGE WAY
EAGLE RIDGE ROADTEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREAT PLAINS BLVD.)WETLAND 2WETLAND 111032456789BLOCK 1OUTLOT AWETLAND 4OUTLOT EOUTLOT BB
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PRELIMINARY PLAT AND PUD SUBMITTAL
SITE PLAN - VIEW A 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND:
96TH STREETWETLAND 31091112131415161742315OUTLOT EOUTLOT DOUTLOT BBLO
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D96TH STREETPOND/FILTRATION BASINNWL 882.00HWL 885.449ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
SITE PLAN - VIEW B 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND:
EXCEPTIONEXCEPTION
EXCEPTIONEAGLE RIDGE ROAD
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96TH STREETWETLAND 3WETLAND 211032456789BLOCK 1OUTLOT AWETLAND 41112131415161742315OUTLOT BOUTLOT FOUTLOT EOUTLOT DOUTLOT BOUTLOT BBLO
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D96TH STREET10ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
GRADING AND DRAINAGE PLAN - OVERVIEW 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONGRADING NOTES: GRADING LEGEND: HOLD DOWN DETAILS
EAGLE RIDGE ROADTEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREAT PLAINS BLVD.)WETLAND 211032456789BLOCK 1OUTLOT AWETLAND 4OUTLOT EOUTLOT BB
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EAGLE RIDGE WAY EAGLE RIDGE ROADWWW/LL
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WWW WW11ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
GRADING AND DRAINAGE PLAN - VIEW A 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONGRADING LEGEND:
96TH STREETWETLAND 31112131415161742315OUTLOT DOUTLOT BBLO
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PRELIMINARY PLAT AND PUD SUBMITTAL
GRADING AND DRAINAGE PLAN - VIEW B 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION GRADING LEGEND:
EAGLE RIDGE ROAD PROFILEEAGLE RIDGE ROAD PROFILE13ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
GRADING PROFILES 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONEAGLE RIDGE ROADEAGLE RIDGE ROAD
EAGLE RIDGE WAY PROFILE96TH STREET PROFILE14ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
SHEET NAME 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION96TH STREETEAGLE RIDGE WAY
WWWW
15ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
POND AND DRAINAGE DETAIL 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION
EXCEPTIONEAGLE RIDGE ROADTEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREAT PLAINS BLVD.)96TH STREETWETLAND 3WETLAND 211032456789BLOCK 1OUTLOT AWETLAND 41112131415161742315OUTLOT BOUTLOT BOUTLOT BBLOCK 1 BLOCK 2 BLOCK 1OUTLOT C EAGLE RIDGE WAY EAGLE RIDGE ROADEAGLE RIDGE ROAD96TH STREETLSDNDDNDDNDDNDDNDDNDDNDDNDDNDDNDDNDDNDDISCHARGE POINT TO LAKERILEY VIA WETLAND(LAKE RILEY IS AN IMPAIRED WATERSWITHIN 1 MILE)16ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
EROSION AND SEDIMENT CONTROL PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION NOTE TO CONTRACTOR: ACTIVE SWPPP LEGENDVICINITY MAPNOT TO SCALENOTE: INSPECTOR:DURING CONSTRUCTION:EROSION CONTROL PARTIESIMPAIRED WATER REQUIREMENTLEGEND: DNDDESIGNER:INSTALLER:
ROCK CONSTRUCTION ENTRANCEWASHED ROCK ORWOOD/MULCH PERSPECIFICATIONS18" MINIMUM CUT OFF BERM TOMINIMIZE RUNOFF FROM SITENOTES:1. MnDOT 3733 TYPE 4 FILTER FABRIC SHALL BE PLACED UNDER ROCK OR MULCH TOSTOP MUD MIGRATION THROUGH MATERIAL.2. FUGITIVE ROCK OR MULCH WILL BE REMOVED FROM ADJACENT ROADWAYS DAILY OR MORE FREQUENTLY AS NECESSARY.3.CONSTRUCTION ENTRANCE MUST BE CONSTRUCTED PRIOR TO THECOMMENCEMENT OF GRADING OPERATIONS ON THE SITE.4.THE ENTRANCE MUST BE MAINTAINED IN PROPER CONDITION TO PREVENTTRACKING OF MUD OFF THE SITE. THIS MAY REQUIRE PERIODIC TOPDRESSINGWITH ADDITIONAL ROCK, WOOD/MULCH, OR REMOVAL AND REINSTALLATION OFTHE PAD.5.THIS ENTRANCE WILL BE USED BY ALL VEHICLES ENTERING OR LEAVING THEPROJECT.6.THE CONSTRUCTION ENTRANCE WILL BE REMOVED PRIOR TO THE PLACEMENT OFBITUMINOUS SURFACING.PUBLIC ROAD50' MINIMUM LENGTHROCK-6" MINIMUM DEPTHWOOD/MULCH- 12" MINIMUM DEPTH20'
MINIMUM
WIDTHNOTE:ALL SLOPES WITH A GRADE EQUAL TO OR STEEPER THAN 3:1REQUIRE SLOPE TRACKING. SLOPES WITH A GRADE MORE GRADUALTHAN 3:1 REQUIRE SLOPE TRACKING IF THE STABILIZATION METHODIS EROSION CONTROL BLANKET OR HYDROMULCH.UNDISTURBED VEGETATIONTRACKED EQUIPMENTTREADS CREATE GROOVESPERPENDICULAR TO SLOPEDIRECTION.SLOPESLOPE TRACKINGEROSION CONTROL BLANKETINSTALLATIONOVERLAPLONGITUDINAL JOINTSMINIMUM OF 6"OVERLAP END JOINTSMINIMUM OF 6" AND STAPLEOVERLAP AT 1.5' INTERVALS.ANCHOR TRENCH(SEE DETAIL AND NOTES BELOW)ANCHOR TRENCH1. DIG 6" X 6" TRENCH2. LAY BLANKET IN TRENCH3. STAPLE AT 1.5' INTERVALS4. BACKFILL WITH NATURAL SOIL AND COMPACT5. BLANKET LENGTH SHALL NOT EXCEED 100'WITHOUT AN ANCHOR TRENCH6"6"1' TO 3'DIRECTION OFSURFACE FLOWNOTE:SLOPE SURFACE SHALL BE FREE OF ROCKS, SOIL CLUMPS,STICKS, VEHICLE IMPRINTS, AND GRASS. BLANKETS SHALLHAVE GOOD SOIL CONTACT.STAPLE PATTERN/DENSITY SHALLFOLLOW MANUFACTURERSSPECIFICATIONS17ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
EROSION AND SEDIMENT CONTROL NOTES AND DETAILS 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONEROSION CONTROL SCHEDULE:FINAL STABILIZATION:EROSION CONTROL GENERAL NOTES:POLLUTION PREVENTION MANAGEMENT MEASURES:SEDIMENT CONTROL PRACTICES:MAINTENANCE PROGRAM:EROSION AND SEDIMENT CONTROLDEWATERING:
EXCEPTIONEXCEPTION
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SANITARY AND WATERMAIN PLAN - OVERVIEW 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION UTILITY NOTES: LEGEND: SANITARY SEWER SCHEDULE:
EAGLE RIDGE ROADTEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREAT PLAINS BLVD.)WETLAND 211032456789BLOCK 1OUTLOT AWETLAND 4OUTLOT EOUTLOT BB
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SANITARY AND WATERMAIN PLAN - VIEW A 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND:
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PRELIMINARY PLAT AND PUD SUBMITTAL
SANITARY AND WATERMAIN PLAN - VIEW B 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND:
EXCEPTIONEXCEPTION
EXCEPTIONEAGLE RIDGE ROAD
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PRELIMINARY PLAT AND PUD SUBMITTAL
STORM SEWER PLAN - OVERVIEW 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION LEGEND: STORM SEWER SCHEDULE:UTILITY NOTES:
EAGLE RIDGE ROADTEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREAT PLAINS BLVD.)WETLAND 211032456789BLOCK 1OUTLOT AWETLAND 4OUTLOT EOUTLOT BB
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STORM SEWER PLAN - VIEW A 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION LEGEND:
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PRELIMINARY PLAT AND PUD SUBMITTAL
STORM SEWER PLAN - VIEW B 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION LEGEND:
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24ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
LANDSCAPE PLAN - OVERVIEW 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONPLANTING NOTES: LANDSCAPE REQUIREMENTS: SEEDING NOTES: LANDSCAPE SCHEDULE: LEGEND:
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LANDSCAPE PLAN - VIEW A 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND: LEGEND:
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PRELIMINARY PLAT AND PUD SUBMITTAL
LANDSCAPE PLAN - VIEW B 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND:
EXCEPTIONEXCEPTION
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PRELIMINARY PLAT AND PUD SUBMITTAL
TREE PRESERVATION PLAN - OVERVIEW 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONCANOPY CALCULATIONS: TREE PRESERVATION NOTES: LEGEND:
EAGLE RIDGE ROADTEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREAT PLAINS BLVD.)WETLAND 211032456789BLOCK 1OUTLOT AWETLAND 4OUTLOT EOUTLOT BB
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TREE PRESERVATION PLAN - VIEW A 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND:
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TREE PRESERVATION PLAN - VIEW B 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND:
30ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
TREE PRESERVATION PLAN - DETAILS 1 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700
31ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
SHEET NAME 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION
EXCEPTIONEAGLE RIDGE ROADTEMPORARYCUL-DE-SACSTATE TRUNK HWY. NO. 101(GREAT PLAINS BLVD.)WETLAND 3WETLAND 2WETLAND 111032456789BLOCK 1OUTLOT AWETLAND 41112131415161742315OUTLOT BOUTLOT BOUTLOT BBLOCK 1 BLOCK 2 BLOCK 1OUTLOT C EAGLE RIDGE WAY EAGLE RIDGE ROADEAGLE RIDGE ROAD96TH STREET32ERHART FARM
PRELIMINARY PLAT AND PUD SUBMITTAL
WETLAND BUFFER PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND: WETLAND SUMMARYWETLAND BUFFER CALCULATIONWETLAND IMPACT CALCULATION
Appendix A
Traffic Impact Analysis Process
I. Introduction
The purpose of this process is to provide guidance to applicants assessing the potential transportation
impacts of a new development or a redevelopment. The following guidelines have been developed to
provide a clear, orderly, and consistent analysis by establishing minimum standards for all Traffic Impact
Analysis (TIA). County staff will review the TIAs based on these criteria.
II. Transportation Impact Analysis (TIA)
A TIA is a study which assesses the effects that a particular development will have on the transportation
network in the community. These studies vary in their range of detail and complexity depending on the
type, size and location of the development. TIAs should accompany developments which have the
potential to impact the transportation network. It will be determined in the early review meeting if a TIA
is necessary. These studies can be used to help evaluate whether the development is appropriate for a
site and what type of transportation improvements may be necessary. For the purposes of the TIA, all
land at one location, including existing developments or available land for building development under
common ownership or control by an applicant shall be considered when determining if required criteria
are met. An application shall not avoid the intent of this criterion by submitting a partial or segmented
application or approval request for building permits, development plans, subdivision, etc.
III. Transportation Impact Analysis Triggers
a) A TIA is required for any development meeting any of the following criteria:
i) generating approximately 750 or more vehicle trips per day.
ii) generating approximately 100 or more vehicle trips in any one hour period.
iii) if associated roadway traffic is increased by 50% or more.
iv) development will likely create a hazard to public safety.
v) development traffic will substantially affect an intersection or roadway segment already
identified as operating at an unacceptable level of service as determined by the County.
The trip rates in the most current edition of the Institute of Transportation Engineers (ITE) Trip
Generation should be used in determining the amount of traffic a particular development will generate.
If the proposed use is an expansion of an existing facility then existing traffic patterns should be
extrapolated to the proposed improvement. If no ITE rates exist for a particular type of development or
there is some uncertainty regarding the need to conduct a study, the County Traffic Engineer will
determine if a TIA is required. If an applicant believes a TIA is not necessary then a written justification
will be required. County staff will review the document and determine how to proceed.
b) A TIA is not required when a development falls below the above mentioned threshold.
A traffic study may be required in lieu of a TIA.
Carver County will consider the following effects in the evaluation of traffic studies that are
warranted by certain zoning, land‐use, conditional use permits and final development plan
applications prior to the application being submitted:
i) Does the development significantly affect the operation and congestion of the adjacent
roadways or intersections and/or result in a traffic hazard?
ii) Does the development significantly affect pedestrian safety?
iii) Does the development provide feasible opportunities to address an existing traffic issue or
safety problem?
c) Sound engineering practices and applicable regulatory standards shall be used to evaluate any
development proposal, regardless of the development size or scope.
d) Developments adjacent to another jurisdictional entity shall submit the traffic study to the
respective agency for their information.
IV. Transportation Impact Analysis Study Area
a) The transportation consultant and project manager shall meet with the County Traffic Engineer to
establish the study area, to discuss critical issues, and to determine the complexity of the report to
be submitted. A preliminary site plan showing the planned development, internal circulation, and
connection to the public roadway system shall be provided to the County at the initial meeting. The
study area shall be approved by County staff.
b) All site access drives, adjacent roadways, and adjacent major intersections, plus the first affected
signalized intersection in each direction from the site shall be analyzed. Additional areas may be
added based on development size and specific site or local issues and policies. A general guideline
for setting the project study boundary will be when a development’s traffic using any particular
intersection falls below 20%.
V. Transportation Impact Analysis Requirements
A TIA shall be completed by a qualified Professional Engineer (P.E.). All traffic analysis shall utilize
software consistent with MnDOT practice such as the latest versions of Synchro/SimTraffic and for
roundabouts SIDRA or ARCADY. The TIA report will usually include the following:
a) Report Letter
i) Identify the person(s) to whom the report is addressed.
ii) Summarize the findings and recommendations.
iii) Clearly define peak traffic periods.
b) Proposed Development and Study Area.
i) Describe proposed development.
ii) Map of site and street network.
iii) Identify intersections/highway links to be analyzed.
c) Existing Traffic Conditions
i) Figures showing ADTs, peak hour turning movements and levels of service (for all applicable
peak hour and peak hour of development unless otherwise directed by the County Traffic
Engineer).
ii) Indicate roadway/intersection geometrics, street right‐of‐way, type of traffic control at
intersections, traffic regulations (i.e. no parking zones, posted speed limit), and bus stops.
iii) Determine queue lengths at controlled intersections that may affect project.
d) Future Projected Traffic Conditions Without Development (Utilize County Travel Demand Model or
historical growth information)
i) Figures showing future projected ADTs, peak hour turning movements and level of service.
ii) Identify changes in road network and land use expected under full development conditions.
iii) Determine queue lengths at controlled intersections that may affect project.
e) Existing Site Traffic
i) Site‐generated traffic – ADT and peak hours.
ii) Figure showing distribution by direction of approach.
iii) Figure showing assignment (volumes and turning movements) to each link in the network
analyzed.
f) Proposed Site Traffic
i) Site‐generated traffic – ADT and peak hours (if development is to be completed in phases, show
cumulative traffic for each phase added)
ii) Figure showing distribution by direction of approach.
iii) Figure showing assignment (volumes and turning movements) to each link in the network
analyzed.
iv) "Pass‐by" trip assumptions, distribution and assignment.
g) Traffic Impact of Proposed Development
i) Figures showing ADTs, peak hour turning movements and level of service for present conditions
with proposed development.
ii) Figures showing ADTs, peak hour turning movements and level of service for future projected
conditions with proposed development.
iii) Determine queue lengths at controlled intersections that may affect the project.
iv) Review ingress/egress sight distance, capacity and safety.
v) Review on‐site circulation for vehicles and pedestrians.
h) Problem Areas
i) Identify congestion or safety problems for present conditions with proposed development.
ii) Identify congestion or safety problems under full development conditions with proposed
development.
iii) Identify crash experience and expectancy.
i) Travel Demand Management Plan
i) A travel demand management plan shall be included as part of the analysis
ii) Bicycle and Pedestrian Facilities (provide for access to, from and through development for
bicyclists and pedestrians; recommend designated bicycle paths, lanes and facilities)
j) Recommended Improvements and Mitigation Measures
i) Identify possible short‐term improvements and mitigation measures.
ii) Identify possible long‐term improvements and mitigation measures
iii) Recommended improvements and mitigation measures
k) Appendices
i) Capacity analysis calculations, data and assumptions (provide sufficient information for reviewer
to follow analysis and to be able to spot check results).
ii) Queue length analysis calculations, data and assumptions.
iii) Provide other pertinent information that may be needed to explain or justify data used in the
report (i.e., if data from an actual field study of sites in the metro area is used in place of ITE trip
generation rates, then a report of the field study results should be included in the appendix)
The TIA must be submitted at the same time as the appropriate development application to the City.
However, the developer may find it advantageous to have the TIA completed and submitted to the County
several weeks prior to the submittal of the development application in order to incorporate
recommendations from the traffic report on the development plan. The completed TIA meeting the above
requirements will be reviewed by County staff and written comments will be provided within 30 days.
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
( ss.
COUNTYOFCARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
July 8,2021, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy ofthe attached notice ofa Public Hearing to
consider a request to rezone property from Agricultural Estate (A2) to Single-Family
Residential (RSF) and subdivision of property into 2l single-family lots with variances at
775 96'b Street W., Planning Case No. 2021-12' 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 ofsuch owners were those appearing as such by the
records ofthe County Treasurer, Carver County,innesota, and by other ap priate recordt
swom to before me
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Kim T.euwssen,Deputy Cl
N otary Public
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Subscribed and
rhist{" day o ,2021.
(Seal)
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Disclairner
This map is neither a legally recorded map nor a suNey and is not antended to be used
as one. This map is a @mpilation of records, information and data located in varjous city
county, stale and federaloffices and olher souaces regarding the area shown, and is to
be ufu for refercnce purposes only. The City does not \0arant that lhe GeogBphic
lnformation Syslem (GlS) Oata used to prepaG this map are enor lree, and the Crty does
not represent lhat the GIS Data can be used for navigational tracking or any other
purpose rcquiing exacting measurement ol distanc€ or di@(iion oa precision in lhe
depiction of geographic features The preceding disclaimer is provided pursuant to
Minnesota statules s466.03. Subd. 21 (2000), and the user of tnis map acknowledges
that the City shall not be liable for any damages, and expressly waives all claims and
agrees to defend, indemnify. and hold hamless the city from any and all daams broughl
by User, its employees or agents, or lhid parties which adse out of the useis access or
use of data provided
Di!claimor
This map is neather a legally recorded map nor a survey and is not intended to be used
as one. This map as a compilatron of records. information aod data located in various city,
coun9, state and tederal offices and other sources regarding the area shown, and is to
be used ,or reference purposes only. The City does not wanant that the Geog6phic
lnbrmation System (GlS) Oata used to prepare thas map are eror free, and the City does
not represent that the GIS Oata can be used for navigational, tracking or any other
purpose rcquiring exacting measuemenl of distance or directlon or prccision in lhe
depictron ol geographic features The pre'cedang disclaimer is provided pursuant to
Manoesota statut* s466 03, Subd. 21 (2000). and the user of this map acknowiedges
that the City shall not be liable lor any damages, and expressly waives all claims, and
agrees to debnd. indemnify. and hold harnless the City from any and all claims brolght
by User. its employees or agents, or thid parlies which adse oul of the useis access or
use of data provided
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PLANNING COMMISSION STAFF
REPORT
Tuesday, July 20, 2021
Subject Consider a Request to Rezone Property from Agricultural Estate District (A2) to SingleFamily
Residential District (RSF) and Subdivision Approval of Two Lots and One Outlot with Variances
for a Private Street and Private Street Width at 9197 Eagle Ridge Road
Section PUBLIC HEARINGS Item No: B.2.
Prepared By Robert Generous, Senior Planner File No: Planning Case No. 202115
PROPOSED MOTION:
The Chanhassen Planning Commission recommends that City Council approve the rezoning from Agricultural Estate
(A2) to SingleFamily Residential (RSF) and a twolot, one outlot subdivision with a variance for the use of a
private street and private street width subject to the conditions of the staff report;
and adopt the Findings of Fact and Recommendation.
SUMMARY OF REQUEST
The applicant is requesting rezoning from Agricultural Estate (A2) to SingleFamily Residential (RSF) and subdivision
approval of two lots and one outlot with variances for a private street and private street width.
APPLICANT
Schutrop Building & Development Corp., 540 Lakota Lane, Chanhassen, MN 55318
SITE INFORMATION
PRESENT ZONING: Agricultural Estate District, A2
LAND USE:Residential Low Density 1.2 4.0 units per net acre
ACREAGE: 2.02 acres
DENSITY: 1.25 units per net acre
APPLICATION REGULATIONS
Chapter 18, Subdivisions
Chapter 20, Article XII, “RSF” SingleFamily Residential District
BACKGROUND
PLANNING COMMISSION STAFFREPORTTuesday, July 20, 2021SubjectConsider a Request to Rezone Property from Agricultural Estate District (A2) to SingleFamilyResidential District (RSF) and Subdivision Approval of Two Lots and One Outlot with Variancesfor a Private Street and Private Street Width at 9197 Eagle Ridge RoadSectionPUBLIC HEARINGS Item No: B.2.Prepared By Robert Generous, Senior Planner File No: Planning Case No. 202115PROPOSED MOTION:The Chanhassen Planning Commission recommends that City Council approve the rezoning from Agricultural Estate(A2) to SingleFamily Residential (RSF) and a twolot, one outlot subdivision with a variance for the use of aprivate street and private street width subject to the conditions of the staff report;and adopt the Findings of Fact and Recommendation.SUMMARY OF REQUESTThe applicant is requesting rezoning from Agricultural Estate (A2) to SingleFamily Residential (RSF) and subdivisionapproval of two lots and one outlot with variances for a private street and private street width.APPLICANTSchutrop Building & Development Corp., 540 Lakota Lane, Chanhassen, MN 55318SITE INFORMATIONPRESENT ZONING: Agricultural Estate District, A2LAND USE:Residential Low Density 1.2 4.0 units per net acreACREAGE: 2.02 acres DENSITY: 1.25 units per net acre APPLICATION REGULATIONSChapter 18, SubdivisionsChapter 20, Article XII, “RSF” SingleFamily Residential District
BACKGROUND
The current private street serving the property was constructed with the Foxwood development in 2017.At that time,
direct access to Highway 101 was removed. The house on the lot was built in 1987.
RECOMMENDATION
Staff recommends that the Planning Commission approve the rezoning and subdivision with a variance for the use of a
private street and variance from the private street design subject to the conditions of the staff report, and adopt the
Findings of Fact and Recommendation.
ATTACHMENTS:
Staff Report
Findings of Fact and Recommendation
Development Review Application
Development Narrative
Site Development Plans (8 pages)
Final Plat
Affidavit of Mailing
Carver County Review Comments
CITY OF CHANHASSEN
PC DATE: July 20, 2021
CC DATE: August 9, 2021
REVIEW DEADLINE: August 17, 2021
CASE #: 2021-15
BY: RG, EH, TH, DN, JS, MU
SUMMARY OF REQUEST: The applicant is requesting rezoning from Agricultural Estate
(A2) to Single-Family Residential (RSF) and subdivision approval of two lots and one outlot
with variances for a private street and private street width.
LOCATION: 9197 Eagle Ridge Road
APPLICANT: Schutrop Building & Development Corp.
540 Lakota Lane
Chanhassen, MN 55318
Owner: Black Cherry Development
9611 Meadowlark Lane
Chanhassen, MN 55317
PRESENT ZONING: Single-Family Residential District, RSF
2020 LAND USE PLAN: Residential Low Density (net density 1.2 – 4 units per acre)
ACREAGE: 2.02 acres DENSITY: 1.25 units per acre (net)
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has a relatively high level of discretion in approving Rezonings because the City is
acting in its legislative or policy-making capacity and 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 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.
PROPOSED MOTION:
“The Chanhassen Planning Commission recommends that City Council approve the rezoning
from Agricultural Estate District (A2) to Single-Family Residential District (RSF) and a two-lot,
one outlot subdivision with a variance for the use of a private street and private street width
subject to the conditions of the staff report, and adopt the Findings of Fact and Recommendation.”
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 2
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting rezoning from Agricultural Estate District (A2) to Single-Family
Residential District (RSF) and subdivision approval to create two lots and one outlot with a
variance for the private street and a variance for the private street design.
SITE CONSTRAINTS
Wetland Protection
There are two wetlands located on the property. The applicant is avoiding wetland impacts to
the northerly wetland through the use of a variance from the private street design standards. The
southerly wetland is being dedicated to the City for permanent open space.
Bluff Protection
There are no bluffs on the property. While there are some steep slopes in the south-central
portion of the property, they do not meet the definition of a bluff.
Shoreland Management
The property is not located within the Shoreland Overlay District for Lake Riley.
Floodplain Overlay
This property is not within a federally designated floodplain
APPLICABLE REGULATIONS
Chapter 18, Subdivisions
Chapter 20, Article XII, “RSF” Single-Family Residential District
BACKGROUND
The current private street serving the property was constructed with the Foxwood development
in 2017. The house on the lot was built in 1987.
REZONING
The applicant is requesting a rezoning from Agricultural Estate District, A2, to Single-Family
Residential District, RSF. The existing zoning of the property, Agricultural Estate District, is not
consistent with the land use designation of the property, Residential Low Density. The
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 3
Comprehensive Plan allows less intensive land uses to remain in place. However, any approval
by the City for development of the property must be consistent with the Comprehensive Plan.
The following zoning districts are consistent with a Residential Low Density land use:
RSF (Residential Single Family), R4 (Mixed Low Density), RLM (Residential Low and Medium
Density), or PUD-R (Planned Unit Development Residential).
The proposed rezoning to Single-Family Residential District (RSF) is consistent with the
Comprehensive Plan land use designation. The RSF district is the most appropriate zoning
district to rezone this property since it is the primary zoning for single-family residential
properties, is a standard zoning district and permits only single-family homes. While the R4
district permits single-family homes, it also permits twin homes which would be inconsistent
with the surrounding development. The RLM district permits single-family homes, as well as
twin homes, townhouses and attached housing, but the RLM district also requires that large areas
of upland are preserved or created as permanent open space to balance the higher hard surface
coverage permitted on the individual lots. Finally, the PUD-R district can be created for a
single-family subdivision, but the ordinance requires that the use of the PUD zoning also allows
for a greater variety of uses, internal transfers of density, construction phasing and a potential for
lower development costs. In exchange for this enhanced flexibility, the City has the expectation
that the development plan will result in a significantly higher quality and more sensitive proposal
than would have been the case with the use of other, more standard zoning districts.
The proposed rezoning assists in the furtherance of the following land use goals of the City of
Chanhassen Comprehensive Plan:
• Development will be encouraged within the MUSA line.
• The plan should seek to establish sufficient land to provide a full range of housing
opportunities.
• Development should be phased in accordance with the ability of the City to provide
services.
The proposed rezoning assists in the furtherance of the following housing goals of the City of
Chanhassen Comprehensive Plan:
• A balanced housing supply with housing available for people of all income levels.
• A variety of housing types for people in all stages of the life-cycle.
Staff is recommending the rezoning to RSF be approved.
SUBDIVISION
Existing Conditions Survey
The developer provided an existing conditions survey of the entire 4.1 acre property which is in
general conformance with the requirements of Sec. 18-40. A single-family residence and
driveway, which connects to a private road, exists within the proposed development and is
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 4
proposed to remain (Lot 1, Block 1). The only easement existing on the property is a public trail
easement, per Doc. No. A644378, which is to remain with the platting of the proposed
subdivision. There are two wetlands within the proposed subdivision. “Wetland 1” is located to
the north and will be entirely located on Lot 2, Block 1 and encompassed entirely by a public
drainage and utility easement. “Wetland 2” is located to the south of the subdivision and will be
located within Outlot A.
Streets
The proposed subdivision has access to public right-of-way via Eagle Ridge Road to the north
through a private street which was constructed during the Foxwood development. The private
street was built in accordance with City Ordinance to a 7-ton design. The developer is proposing
a variance from the private street design requirements and is requesting the use of a shared
driveway to gain access to the private street for both Lots 1 and 2 in order to avoid disturbing
two existing retaining walls and to preserve large existing trees. It is proposed that Lots 1 and 2
would share the existing driveway from the private street, through the retaining wall location,
and then split into individual driveways. As, ultimately, this will reduce the amount of hard
surface and provide less disturbance to the surrounding green space and trees, staff is
recommending approval of the request. However, as the access for both lots will have a portion
that is shared between the two, a Cross Access Agreement will be required and recorded
concurrently with the final plat. Additionally, it is recommended that any ownership and
maintenance agreements for the private street be updated as a new lot of record will benefit from
its use. Lastly, any turnaround requirements required by the Fire Department shall be adhered to
and any required change to the plans updated upon re-submittal.
Drainage and Utility Easements
The preliminary and final plat provided illustrate mostly typical public drainage and utility
easements (DUE) along the proposed subdivision’s lot lines with five-foot DUE along the side
and rear lot lines and 10-foot DUE along Lot 2, Block 1’s property lines abutting TH 101 right-
of-way. As the property does not directly abut City public right-of-way, no other 10-foot DUE
were proposed. Staff recommends that a 10-foot DUE along the northern portion of Lot 2, Block
1, and 68.38 feet along the northwestern edge of Lot 2, be required in order to accommodate
possible future drainage and utility needs in these areas. Prior to the parcel being subdivided, no
DUE were recorded on the property. As such, no encroachment agreements were necessary for
any improvements constructed. As the subdivision will create DUE, all existing and proposed
improvements located within DUE will require an encroachment agreement, including portions
of the private driveways, and must be recorded concurrently with the final plat. A DUE shall
also be recorded over all of Outlot A. Lastly, as the proposed stormwater infiltration basin will
be privately owned and maintained, it must not be encumbered by DUE and the final plat must
be adjusted accordingly.
Grading and Drainage
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 5
The site’s highpoint is centrally located which creates a break in drainage areas for the site; one
to the north and one to the south. The northern portion of the site, which accommodates a
majority of the site improvements associated with Lot 2, Block 1 is proposed to drain to an
infiltration basin prior to discharging into the existing wetland, while the southern portion drains
to a wooded slope and a larger wetland. The developer is not proposing mass grading, only
grading required to prepare the grade for a driveway extension, a new home pad, and excavating
a stormwater infiltration basin. The provided grading plan appears feasible and will route
drainage away from the building pads. Drainage arrows provided on the plans further illustrate
these drainage patterns.
Erosion Prevention and Sediment Control
As proposed, it appears the development will not exceed one (1) acre of land disturbance and
will, therefore, not be subject to the General Permit Authorization to Discharge Stormwater
Associated with Construction Activity Under the National Pollution Discharge Elimination/State
Disposal System (NPDES Construction Permit). As such, an Erosion and Sediment Control Plan
(ESCP) in accordance with Ordinances is required for the grading operations of the subdivision
as more than 5,000 square feet of land is being disturbed. The applicant has provided an ESCP
which appears feasible and in accordance with Sec. 19-145. All erosion control securities will be
captured at the time of building permit issuance, which will include the installation of the private
infiltration basin.
Sanitary Sewer and Water Main
The subdivision was provided access to public utilities that were extended as part of the
Foxwood development through Outlot B during the construction of the private street. These
extended public utilities include a six-inch C900 PVC water main and an eight-inch PVC sewer
main, which are adequate to serve the proposed subdivision. Additionally, water and sanitary
services were stubbed to serve the existing home, along with the property to the west which is
not associated with the proposed subdivision. As such, the proposed subdivision will not be
required to extend public utilities.
The developer provided utility plans that illustrate how the existing and proposed private service
laterals will be extended to each lot. Generally these plans are in conformance with City
Specifications and Detail Plates (City Standards), however minor amendments will be required.
These amendments consist of providing plans that utilize the correct materials for the publicly
maintained portion of the service laterals per City Standards, the proper placement of the curb
stop at the property lines, and verification of service lateral elevations. These corrections will be
required to be made prior to the recording of final plat in order to ensure that if the lots are sold
to a builder other than the developer, the plans associated with the lot build-outs are complete
and accurate at the time of building permit submittal. The developer and their engineer shall
work with City staff in amending the construction plans to fully satisfy these concerns.
The utility plans illustrate the location of the existing well which currently services the existing
home. As shown on the utility plans, the new sanitary service lateral will be within 50 feet of the
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 6
existing well, and as such it will be required that the existing well be abandoned and the plans
updated accordingly. All requirements set forth by the Minnesota Department of Health
regarding the abandonment of the well must be adhered to.
Lastly, as no public improvements are associated with the subdivision, a Development Contract
is not required to be entered into by the developer with the City. Thus, any inspection
requirements for tapping into public utilities will be determined with the building permit
submittal. Also, the developer will be required to pay 30% of the water and sewer hook-up fees
associated with the subdivision prior to the recording of the final plat, with the remainder to be
paid at the rates in effect at the time of building and plumbing permit issuance. For 2021 rates,
the required fee at the time of final plat is estimated to be $6,334.00 for both lots, and $14,776.00
due at the time of building and plumbing permit issuance for both lots. All other securities and
fees associated with Lot 2, Block 1’s construction will be captured at the time of building permit
issuance (e.g. erosion control escrows).
Stormwater Management
Article VII, Chapter 19 of City Code describes the required stormwater management
development standards. Section 19-141 states that “these development standards shall be
reflected in plans prepared by developers and/or project proposers in the design and layout of site
plans, subdivisions and water management features.” These standards include water quality
treatment resulting in the removal of 90% total suspended solids (TSS) and 60% total
phosphorous (TP). The applicant will need to work with Riley Purgatory Bluff Creek Watershed
District (RPBCWD) and the City in order to meet all the requirements.
General
1. As noted by the applicant, the site triggers RPBCWD rules. Applicant should provide the
RPBCWD permit when obtained.
2. The applicant should submit an updated geotechnical report with borings in the location
of the proposed infiltration basin to ensure infiltration is feasible at that proposed
infiltration basin location.
Rate Control
1. Rate control is currently met in the 2-year, 10-year, 100-year, and 10-day 100-year
snowmelt events.
Volume Control
1. Volume control is being met with the proposed infiltration basin. If building footprint
changes, updated infiltration basin sizing shall be provided.
Water Quality
1. Since abstraction of 1.1” of runoff over the regulated impervious area is achieved, no
additional water quality measures are required.
2. It is recommended to provide a buffer along the southern edge of the infiltration basin to
minimize the amount of sediment entering and clogging the infiltration basin.
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 7
Wetland 1
1. The applicant states in the SWMP that peak flow rates to Wetland 1, a City-designated
“Manage 1” wetland, are reduced in the proposed condition from existing. Staff notes
that the tributary area in the existing condition is 1.139 acres, and in the proposed
condition is reduced to 0.815 acres (1/3 acre reduction). The applicant should
demonstrate that Wetland 1 will remain a viable wetland with the proposed plan that
reduces hydrology to the wetland. A rate summary is included in the report but a volume
summary would be more useful for comparisons.
2. Staff recommends that the double row of silt fence be placed at the buffer edge of
Wetland 1 instead of at the wetland edge as currently shown.
Civil Plans
1. In the grading notes on Sheet 6 of 8, the contractor is directed to a project SWPPP for all
erosion and sediment control locations. If there is a SWPPP, submit for review. If there
is not, amend the notes as appropriate.
2. Provide details for the stormwater infiltration basin.
a. It is recommended that the infiltration basin is restored with a native seed mix or
other appropriate plantings per MPCA guidelines instead of sod as proposed.
b. It is recommended that a defined basin overflow be designed instead of letting
water spill over the entire northern berm.
3. Provide the LFE/FFE for the proposed building to show freeboard is being met.
4. Provide an O&M plan and agreement for the infiltration basin and outline the parties that
will be responsible for O&M.
Wetlands and Buffers
Two wetlands exist on the property. The northern wetland, Wetland 1, has an approved MnRAM
evaluation and is classified in the City’s Wetland Classification Map as Manage 1. This will
require a 25-foot permanent native wetland buffer, a 30-foot principal structure setback, and a
15-foot accessory structure setback. The applicant is showing the use of buffer averaging for
Wetland 1 in order to achieve the overall required buffer area. This buffer averaging is sufficient
for City staff but the use of buffer averaging will need to be approved by RPBCWD. Wetland 1
does not have an approved delineation, however the applicant has done a preliminary boundary
review and has communicated with City staff that a wetland delineation will be submitted at a
later date. City staff, as LGU for the Wetland Conservation Act, has reviewed the preliminary
boundary in the field and has determined that it is sufficient to use for planning purposes at this
time but the complete delineation will need to be submitted and approved. The plan will then
need to be updated to show the approved wetland boundary and associated buffers.
The southern wetland, Wetland 2, was delineated in 2020 as part of a separate project, and is
proposed to be placed in an outlet, Outlot A. The applicant is proposing the use of wetland buffer
averaging for this wetland. The buffer averaging is sufficient for City staff but, as with Wetland
1, will need to be approved by the RPBCWD. The applicant’s proposed use of wetland buffer
monuments is sufficient.
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 8
Stormwater Utility Connection Charges
Section 4-30 of City Code sets out the fees associated with surface water management. A water
quality and water quantity fee are collected with a subdivision. These fees are based on land use
type and are intended to reflect the fact that the more intense the development type, the greater
the degradation of surface water.
This fee will be applied to the new lots of record being created. The fees will be assessed at the
rate in effect at that time; 2021 rates are $8,660.00 per acre. This property is given a $13,856
credit for Outlot A. As such, the net SWMP fee due at the time of final plat is $21,650.00.
Assessments
Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be
assessed at the rate in effect at that time; 2021 rates for partial hookup fees are $691.00 per unit
for sanitary sewer and $2,476.00 per unit for water. The remaining partial hookups fees are due
with the building permit.
Fees
Based on the proposal, the following fees would be collected prior to recording of the final plat:
a) Surface Water Management fee: $21,650.00
b) A portion of the water hook-up charge: $2,476.00/unit, or $4,952.00 for the two units
c) A portion of the sanitary sewer hook-up charge: $691.00/unit, or $1,382.00 for the two
units
d) Park Dedication fee: $5,800.00/unit
e) GIS fees: $100 for the plat plus $30 per parcel, or a total of $160.00
Landscaping and Tree Preservation
The applicant for the Eagle Bluff development submitted tree canopy coverage and preservation
calculations.
Total upland area (excludes wetlands, bluff) 178,628 sq. ft.
Baseline canopy coverage 39% or 69,621 sq. ft.
Minimum canopy coverage required 30% or 53,588 sq. ft.
Proposed tree preservation 36% or 65,124
The developer meets minimum canopy coverage for tree preservation on the site.
The neighboring properties are the same land use and no additional bufferyard landscaping is
required except for buffer plantings required along Highway 101. For the area cleared along the
right-of-way adjacent to the home, the following landscaping is required: 1 canopy tree, 2
understory trees and 4 shrubs.
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 9
Parks and Recreation
Parks
This property is located within the neighborhood park service area for the community park
service area for Bandimere Park and has access to the Fox Preserve.
Trails
The subject site does not have direct access to a trail; however, convenient access to the
Highway 101 trails and neighborhood sidewalks is available via local streets.
Park and Trail Conditions of Approval
Outlot A may be donated or dedicated to the City of Chanhassen to be part of a future trail
segment servicing future neighborhoods and Chanhassen residents. If Outlot A is not donated or
dedicated, the developer shall dedicate to the City of Chanhassen a permanent trail easement that
will be used for future trail segment improvements. Full park fees in lieu of additional parkland
dedication and/or trail construction shall be collected as a condition of approval for Eagle Bluff
Addition for the one new housing units only. The park fees will be collected in full at the rate in
force upon final plat submission and approval. Based upon the City’s 2021 single-family park
fee of $5,800 per unit, the total park fees for Eagle Bluff Addition would be $5,800. .
Miscellaneous
The private road will need to follow City of Chanhassen Code for Private Roads – including a
turnaround for emergency vehicles. The road is over 150 feet in length.
A building permit must be obtain prior to beginning work at the property.
Compliance Table
Area (sq.
ft.)
Width (ft.) Depth
(ft.)
Hard Cover
% / sq. ft.
Notes
Code 15,000 100 @ 125 25 / 3,750 @properties served via
private streets require 100
feet of width
Lot 1 30,778 100 # 260 25/7,694 # front setback from point
lot meets 100 feet.
Lot 2 78,137 278 333 25/19,534 Corner lot
Outlot A 69,713
Total 178,628 4.1 acres
Setbacks
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 10
30 Feet Front and Rear; 10 Feet Side
Wetland Setback: 25-foot buffer, 30-foot buffer setback
VARIANCE
The applicant is requesting the following variances as part of the subdivision:
1. Use of a private street; and
2. Private street width
The hardship is not a mere inconvenience by providing reasonable access to two properties while
reducing potential impacts to the natural features (wetland) on the site and from existing private
street;
The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land including trees; a public street is not necessary to provide access to
adjacent properties within the development and the existing right-of-way and surrounding
development preclude additional public right-of-way;
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;
The granting of a variance will not be substantially detrimental to the public welfare and is in
accord with the purpose and intent of subdivision regulations, the zoning ordinance and
Comprehensive Plan since it will reduce potentially significant impacts on the site and within the
neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission approve the rezoning and subdivision with a
variance for the use of a private street and variance from the private street design subject to the
following conditions, and adopt the Findings of Fact and Recommendation:
Building
1. A building permit must be obtain prior to beginning work at the property.
Engineering
1. A cross access agreement shall between Lots 1 and 2, Block 1 shall be recorded
concurrently with the final plat.
2. The final plat shall be updated to include a 10-foot drainage and utility easement on the
northern portion of Lot 2, Block 1 as well as abutting the 68.38 foot long property line in
the northwestern corner of the lot.
3. All existing and proposed improvements located within public drainage and utility
easements will require encroachment agreements and shall be recorded concurrently with
final plat.
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 11
4. Stormwater facilities shall be privately owned and maintained, and located outside of
public drainage and utility easements, and the final plat shall be adjusted accordingly.
5. The applicant and their Engineer shall work with City staff in amending the construction
plans to fully satisfy staff comments prior to the recording of the final plat.
6. If the sanitary service lateral is within 50 feet of the existing well, the well will be
required to be abandoned and the plans updated accordingly. All requirements set forth
by the Minnesota Department of Health regarding the abandonment of the well must be
adhered to.
7. The developer will be required to pay the following fees prior to recording of final plat:
a) Surface Water Management fee: $21,650.00
b) A portion of the water hook-up charge: $2,476.00/unit, or $4,952.00 for the two units
c) A portion of the sanitary sewer hook-up charge: $691.00/unit, or $1,382.00 for the
two units
d) Park dedication fee: $5,800.00/unit
e) GIS fees: $100 for the plat plus $30 per parcel, or a total of $160.00
Environmental Resources
1. Tree preservation fencing shall be installed around existing trees to be saved prior to any
construction activities and remain installed until completion.
2. Bufferyard plantings to the east of the proposed home site include one overstory tree, two
ornamental trees and four shrubs, unless sufficient existing vegetation remains.
Fire
1. Private road will need to follow City of Chanhassen Code for Private Roads – including a
turnaround for emergency vehicles.
Parks
1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be
collected at the rate in force upon final plat submission and approval.
Planning
1. The front setback for Lot 1 shall be from the point at which the lot measures 100 feet.
2. An access and maintenance agreement for the private street shall be recorded with the
plat.
Water Resources
1. The applicant shall provide to the City the approved Riley Purgatory Bluff Creek
Watershed District permit prior to issuance of building permits.
2. The applicant shall submit an updated geotechnical report with borings in the location of
the proposed infiltration basin to ensure infiltration is feasible at that basin location upon
resubmittal of construction plans.
3. The applicant shall provide a buffer along the southern edge of the infiltration basin to
minimize the amount of sediment entering and clogging the infiltration basin upon
resubmittal of construction plans.
Eagle Bluff – 9197 Eagle Ridge Road
July 20, 2021
Page 12
4. The applicant shall provide evidence that Wetland 1 will remain a viable wetland with the
proposed plan that reduces hydrology to the wetland upon resubmittal of construction
plans.
5. The applicant shall amend the plans to show double row of silt fence placed at the buffer
edge of Wetland 1 instead of at the wetland edge as currently shown.
6. The applicant shall provide a SWPPP if one was created. If there is not a SWPPP, the
applicant shall amend the grading notes on Sheet 6 as appropriate.
7. The applicant shall provide the following details for the stormwater infiltration basin
upon resubmittal of construction plans:
a. The infiltration basin shall be restored with a native seed mix or other appropriate
plantings per MPCA guidelines instead of sod as proposed.
b. A defined basin overflow shall be designed instead of letting water spill over the
entire northern berm.
8. The applicant shall provide the LFE/FFE for the proposed building upon resubmittal of
construction plans to show freeboard is being met.
9. The applicant shall provide an O&M plan and agreement for the infiltration basin and
outline the parties that will be responsible for O&M prior to issuance of building permit.
10. The applicant shall submit a wetland delineation report for Wetland 1. The plans will
need to be updated showing the approved wetland boundary and subsequent buffers
based on the delineation.
11. The applicant shall provide the SWMP fee of $21,650.00 to the City prior to the
recording of final plat.
ATTACHMENTS
Findings of Fact and Recommendation
Development Review Application
Development Narrative
Site Development Plans (8 pages)
Final Plat
Public Hearing Notice and Mailing List
g:\plan\2021 planning cases\21-15 9197 eagle ridge road rez sub var\staff report eagle bluff.docx
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Schutrop Building & Development Corp. and Black Cherry Development –
Planning Case No. 2021-15, Eagle Bluff Addition.
Request for rezoning from Agricultural Estate (A-2) to Single-Family Residential (RSF)
and subdivision approval creating two lots and one outlot with a Variance for the use of a private
street and from the private street width requirement located at 9197 Eagle Ridge Road.
On July 20, 2021, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Schutrop Building & Development Corp. and Black Cherry
Development 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. . REZONING FINDINGS
The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse
affects of the proposed amendment. The six (6) affects and our findings regarding them are:
a. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City Comprehensive
Plan.
b. The proposed use is or will be compatible with the present and future land uses of the
area.
c. The proposed use conforms with all performance standards contained in the Zoning
Ordinance.
d. The proposed use will not tend to or actually depreciate the area in which it is proposed.
e. The proposed use can be accommodated with existing public services and will not
overburden the city's service capacity.
2
f. Traffic generation by the proposed use 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 “RSF” Single-Family Residential 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 stormwater
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 stormwater 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 two properties
while reducing potential impacts to trees and the wetland on the site;
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land including wetlands and retaining walls;
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;
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. The planning report #2021-15 dated July 20, 2021, prepared by Robert Generous, et al, is
incorporated herein.
3
RECOMMENDATION
The Planning Commission recommends that the City Council approve the proposed
rezoning from Agricultural Estate (A-2) to Single-Family Residential (RSF) and subdivision
approval creating two lots and one outlot with a Variance for the use of a private street and from
the private street width for a single-family detached subdivision.
ADOPTED by the Chanhassen Planning Commission this 20th day of July, 2021.
CHANHASSEN PLANNING COMMISSION
BY:___________________________________
Steven Weick, Chairman
4
Exhibit A
LEGAL DESCRIPTION
Tract A:
That part of the south 732.28 feet of the north 762.28 feet of the Southwest Quarter of the
Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota,
lying east of the west 271.79 feet thereof and westerly of the centerline of State Highway No. 101
EXCEPT that part thereof described as follows:
That part of the north 180 feet of the east 16.00 feet of the west 287.79 feet of the Southwest
Quarter of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County,
Minnesota, lying south of the north 30.00 feet thereof.
Tract B:
That part of the west 271.79 feet on the north 762.28 feet of the Southwest Quarter of the Southwest
Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota and that part
of the North 30.00 feet of said Southwest Quarter of the Southwest Quarter, lying east of the west
271.79 feet thereof and westerly of the centerline of the State Highway No. 101 described as:
That part of the north 330.00 feet of the east 16.00 feet of the west 271.79 feet of the Southwest
Quarter of the Southwest Quarter Section 24, Township 116 North, Range 23 West, Carver County,
Minnesota, lying south of the north 180 feet thereof.
EXCEPTING from the above Tracts A and B the following:
That part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 116 North,
Range 23 West, shown as Parcel 71B on Minnesota Department of Transportation Right of Way
Plat Numbered 10-19 as the same is on file and of record in the office of the County Recorder in
and for Carver County, Minnesota.
And also excepting:
That part of the South 732.28 feet of the North 762.28 feet of the Southwest Quarter of the
Southwest Quarter of Section 24, Township 116 North, Range 23 West, Carver County, Minnesota,
lying westerly of the westerly right of way line of Trunk Highway No. 101, Minnesota Department
of Transportation Right of Way Plat no. 10-19, 10-46 and 10-47 according to the recorded plats
thereof, Carver County, Minnesota, and easterly of the following described line:
Commencing at the intersection of the South line of said North 762.28 feet and said westerly right
of way line; thence on an assumed bearing of North 89 degrees 53 minutes 00 seconds West for a
distance of 16.48 feet along said south line to the point of beginning of the line to be described;
thence northerly 360.89 feet along a non-tangential curve, concave to the east, central angle 23
degrees 12 minutes 25 seconds, radius 891.00 feet, chord bearing North 02 degrees 01 minutes 29
seconds West; thence North 09 degrees 34 minutes 44 seconds East 361.10 feet; thence North 10
5
degrees 37 minutes 41 seconds East 18.22 feet to the North line of the South 732.28 feet of the
North 762.28 feet and said line there terminating.
And also excepting:
Parcel 271B on Minnesota Department of Transportation Right of Way Plat Numbered 10-47,
Carver County, Minnesota.
COMMUNfi .DEVELOPi'EI{T DEPARTMENT
Planning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-110O I Fax: (952\ 227-'1110
APPLICATION FOR DEVELOPMENT REVIEW
sub(nirarDate:Ll r:i | )r 1l>>l>r CC DatePC Oate:
CITY OI CIIANIIASSII'I
60-Day neuewoate:?ltr [>r
Section l: Application Type (check all that apply)
(Refet to tll€ awtwtbte Appli@li<n Cl1€cklis, fot Bquied sui/niltal intofiption that must eiopny (nis aNicztio,l)
fl Comprehensive Plan Amendmen1......................... $600f] Minor MUSA line lor failing on-sile sewers ..... $10O
fl Condilional Use Permit (CUP)
! Single-Family Residence .
I nttotners....... ..................... $425
n lnterim Use Permit (lUP)
! ln conjunction with Single-Family Residence.. $325E Att others ..... $425
$300n Create over 3 |ots.......................$600 + $'15 per lol(_ lots)
.... $325 E Metes & Bounds (2 lots)
El Subdivision (SUB)t E(create 3 lots or tess
n Consolidate Lots
(lncludes $450 escrow for attomey costs)'
'AddiliqEl escrow may be required for orh€r applications
' $150 E wettand Aleration Permit (WAP)
Residence........E Single-Family
E Att Orhers......
$300
$150
$150
$700
X Rezoning (REZ)
E Planned Unit Development (PUD)
! Minor Amen
F ltt ottrers....
E Site Ptan Review (SPR)
! Administrative..........
ttro.rgh the &tBlopanent cqlrd-
........ $750 E Vacation of EasementyRighGof-way (VAC)........ $300
........ $100 lAddilixEl recording tees may apply) L
' "" "''soo /variance (vnn t ..................?- n.t &..* a. sr*
dment to existing PUD...
............ $100
n zoning Ordinance Amendmenl (ZOA)
s150
$275
............. $100
s500
............... $200
$3 per address
....... $50 per document
E Commerciaulndustrial Districts'. $soo
Plus $'10 per 1 ,000 square teet of building area ! Zoning Appeal
lhousand square feet)
'lndude numbe, ol g!&!29 e.nployees:
'lnclude numbe. of 4gg employees:
n Residential Districis......................................... $500
Plus $5 per dwelling unit ( units)
Fx Notitication Sign (city to ir6tall ard remove) ...
Property Owners' List wilhin 500' lcity to generate atter preapplicalion meeting)
!qIE: When multiple applications a,e processod concu.ronlly,
tho appropriate req shall bo charged tor each application.
n Escrow lor Recording Documents (chect alllhat
! Conditional Use Permit E Site Plan Agreement
n Wetland Atteration Permit
BrT.ll., s tBzC
appl
tr v)........ .
lnterim Use Permit
! vacation E Variance
n Metes & Bounds Subdivision (3 docs.) E Easements (- easements)
Section 2: Required lnformation
Description ol Proposal
Property Address or Location:
earcet*:L*L46fi1 /Legal Descriplion 3 'CAlLc.r v4{-
q1
Total Acreage
Present Zoning:61r..,1 {*,t 9
Wetlands Present?
F"l'^t (",R.'FLr5+
Presenl Land Use Designation:E, L-.-^- Or*, ,1-Requested Land Use Designation:
Q-qr-(--r.rExisting Use ol Property:t r;d. A*j(
ftnecf oox if separate narrati ;;;#n* r-
lqgl
(
Yes E No
Zoning:
APPLICANT OTHER THAlil PROPERTY OWNER: ln signing this application, l, as applicant, represenl to have obtained
authorization lrom 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. ll this application has not been signed by
the property owner, I have attached separate documentation of ,ull legal capacity to lile the application. This application
should be proccssed in my name and I am the party whom the City should contact regarding any matler pertaining to this
application. I will keep m)/sell intormed ot lhe deadlines for submission o, material and the progress ol this application. I
,urther understand that additional fees may be charged for consulting tees, teasibility studies, etc. with an estimate prior to
any authorization lo proceed with the study. I certify that the information and exhibits submitted are true and correct.
Name .l Contact:So."L*l
Address:SVcr l,Wn Lz-r-rf Phone 6rz fYn z<1
City/State/Zip L:+- r-t-^, 553r Cell:
Fax:
Date
Email J+r L$o .r^-+. I
Signature:(=.L
PROPERTY OWNER: ln signing this application, l, as property owner, have lull legal capacity to, and hereby do,
authorize the liling o, this application. I understand thal conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to obiect at the hearings or during th€ appeal periods. I will keep myselt informed ol
the deadlines for submission of material and the progress ol this application. llurther understand that additionalfees may
be charged for consulting fees, teasibilily studies, etc. wilh an estimate prior to any authorization to proceed with the
study. I certify that the intormation and exhibits submitted are true and correcl.
Name 1l,*r Ch.Contact:
Phone:
".^, Dl
Address Qt- t, M oru \qn( L*)
City/Starezip
Email:
CI^^!<s;-F"(rr SS3r-7
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Signature Date:a
PROJECT ENGINEER (if applicable)
?^sJ^Name:[1,4*f .,J tJ<iY Contact:
Phone:
*jLtlE-
Address:a_(L-D
City/Statezip tA-A^,b1-Cell
Fax,r ll -l,r'JC_-Email:
Who should receive copies of statf reports?
Property Owner Via: E EmailApplicant Via: EJEmail
! tttaited Paper Copy
E Mailed Paper Copy
E Mail€d Paper Copy
E Mailed Paper Copy
Engineer
orher
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORI, and deliver to city along with reguired documents and payment. SUBT IT FORII to send a digital
copy to the city for processing.
Section 3: Property Owner and Applicant lnformation
This application must be completed in tull and must be accompanied by all anformation and plans required by
applicable City Ordinance provisions. Belore filing this applic€tion, refer to the appropriate Application Checklisl
and confer with the Planning Department to determine the speciric ordinance and applicable procedural
requirements and fees.
A determination ol completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed lo the applicant within l5 business days of application.
Via:
Via:
Ettr Email
Email
Cell:
Fax:
v-<
Section 4: Notification lnformation
'Other Contact lnformetion:
No-o'
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Address: _
City/Statezip: _E-o;1.
Preliminary Subdivision and Final Plat Submittal June 18, 2021
Eagle Bluff – Chanhassen, MN Page 1 of 5
“EAGLE BLUFF”
REZONING, PRELIMINARY SUBDIVISION AND FINAL PLAT
REQUEST SUBMITTAL NARRATIVE
CHANHASSEN, MINNESOTA
June 18, 2021
SITE INFORMATION
Legal Description:
Tract A:
That part of the south 732.28 feet of the north 762.28 feet of the Southwest Quarter of the Southwest Quarter,
Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying east of the west 271.79
feet thereof and westerly of the centerline of State Highway No. 101 EXCEPT that part thereof described as
follows:
That part of the north 180 feet of the east 16.00 feet of the west 287.79 feet of the Southwest Quarter of the
Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying south
of the north 30.00 feet thereof.
Tract B:
That part of the west 271.79 feet on the north 762.28 feet of the Southwest Quarter of the Southwest Quarter,
Section 24, Township 116 North, Range 23 West, Carver County, Minnesota and that part of the North 30.00
feet of said Southwest Quarter of the Southwest Quarter, lying east of the west 271.79 feet thereof and
westerly of the centerline of the State Highway No. 101 described as:
That part of the north 330.00 feet of the east 16.00 feet of the west 271.79 feet of the Southwest Quarter of
the Southwest Quarter Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying
south of the north 180 feet thereof.
EXCEPTING from the above Tracts A and B the following:
That part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 116 North, Range 23
West, shown as Parcel 71B on Minnesota Department of Transportation Right of Way Plat Numbered 10-19
as the same is on file and of record in the office of the County Recorder in and for Carver County,
Minnesota.
And also excepting:
That part of the South 732.28 feet of the North 762.28 feet of the Southwest Quarter of the Southwest
Quarter of Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying westerly of
the westerly right of way line of Trunk Highway No. 101, Minnesota Department of Transportation Right of
Way Plat no. 10-19, 10-46 and 10-47 according to the recorded plats thereof, Carver County, Minnesota, and
easterly of the following described line:
Preliminary Subdivision and Final Plat Submittal June 18, 2021
Eagle Bluff – Chanhassen, MN Page 2 of 5
Commencing at the intersection of the South line of said North 762.28 feet and said westerly right of way
line; thence on an assumed bearing of North 89 degrees 53 minutes 00 seconds West for a distance of 16.48
feet along said south line to the point of beginning of the line to be described; thence northerly 360.89 feet
along a non-tangential curve, concave to the east, central angle 23 degrees 12 minutes 25 seconds, radius
891.00 feet, chord bearing North 02 degrees 01 minutes 29 seconds West; thence North 09 degrees 34
minutes 44 seconds East 361.10 feet; thence North 10 degrees 37 minutes 41 seconds East 18.22 feet to the
North line of the South 732.28 feet of the North 762.28 feet and said line there terminating.
And also excepting:
Parcel 271B on Minnesota Department of Transportation Right of Way Plat Numbered 10-47, Carver
County, Minnesota.
Address: 9197 Eagle Ridge Road, Chanhassen, MN.
PID & Acreage: 250240811, 4.10 acres
PRELIMINARY SUBDIVISION AND FINAL PLAT REQUEST
The proposed plan consists of a low-density single family residential subdivision that splits an existing parcel
into 2 single family residential lots. The existing home would remain on 1 parcel and a new home would be
constructed on the new lot.
EXISTING SITE DESCRIPTION
The development site is 4.10 acres and is bound by CSAH 101/Great Plains Blvd to the east, the ‘Foxwood’
subdivision to the north and west and land guided for low density residential to the south. The property
currently includes one single family residence and driveway which connects to a private road that extends
from Eagle Ridge Road to the north.
There are 2 wetlands within the site boundary and the topography has a highpoint roughly midpoint of the
property near the existing home with drainage breaking to the north or south. The north half of the property
contains the yard of the previous homeowner including maintained lawn, vegetable and flower gardens and
several yard trees. The south half of the site contains a wooded slope and a portion of a larger wetland which
continues offsite to the south.
Comprehensive Plan Designation
The application area has a current and future Comprehensive Plan Land Use designation of Residential Low
Density. The adjacent land uses are also Residential Low Density. The Residential Low Density land use
guides for single family housing density of 1.2 – 4.0 units per acre. The proposed development plan has a
net density of 1.2 units per net acre and is consistent with the 2040 Comprehensive Guide Plan land use for
the property.
Zoning Classification
The property has a current zoning classification of A2 – Agricultural Estate District, which is not consistent
with the City’s guide plan density for the property. The proposed subdivision does require a rezone of the
property to RSF – Single Family Residential District which will provide a zoning district that is consistent
with the 2040 land use plan. The proposed rezoning will be consistent with surrounding uses which includes
RLM – Residential Low and Medium Density District to the north and west and A2 -Agricultural Estate
Preliminary Subdivision and Final Plat Submittal June 18, 2021
Eagle Bluff – Chanhassen, MN Page 3 of 5
District to the south. The existing parcel does have the necessary size and dimension to allow for platting of
a 2-lot subdivision compliant with RSF zoning regulations.
PROPOSED RESIDENTIAL SUBDIVISION PLAN
The applicant’s intent is to create a 2-lot single family residential development that is consistent with the
existing single family lots in the vicinity of the property and is considerate of market demands.
The Developer is proposing to keep the existing home on one lot and build a new home on the second lot.
The existing lot only has right of way frontage to CSAH 101/Great Plains Blvd. but does not have access
rights to connect to that roadway. The parcel does have access to a private road connection to Eagle Ridge
Road. The existing private road is also currently used by the existing residence west of the development site.
The Developer is proposing to continue using the private road and a portion of the existing driveway to avoid
disturbing 2 existing retaining walls and to preserve several large existing trees. The 2 proposed lots would
share the existing driveway through that retaining wall location and then split into individual driveways to
the south after that. A new driveway will be extended to the proposed lot and the existing driveway will
continue to be used for the existing home.
The lots as designed, will not have the typical right of way frontage for proposed driveway connections. As
noted, proposed lot 2 will have frontage along Great Plains Blvd., however, lot 1 will technically have no
right of way frontage. The developer has proposed the new lot line between the 2 lots in such a way that
driveway route can be maintained fully on lot 2 reducing future easement needs for lot 2 onto lot 1. This lot
line configuration does create an irregular lot shape, as such, we have assumed that the front yard for these
proposed homes will be to the north and established setbacks accordingly, see site plan.
The following is a summary of primary project elements currently proposed:
Density Calculation
Gross Acreage 4.101 acres
Wetland Area 1.204 acres *
Wetland Buffer Area (Full Area Dedicated) 0.875 acres*
Ex Retaining Wall Easement 0.092 acres
Outlot A Area Upland of Wetland and Buffer 0.240 acres
Net Buildable Acreage (Lots) 1.690 acres
Net Density 1.2 units per acre
*Includes the areas within Outlot A
Proposed Proposed
Lot Dimensions RSF Standard Lot 1 Lot 2
Width along R/W Frontage 90’(min.) n/a 379.3’
Width at proposed Front Setback n/a 100 ft1 152.0 ft2
Lot Depth 125’ (min.) Both exceed minimum
Lot Size Minimum 15,000 sf 30,778 sf 78,137 sf
Setbacks:
Side Setbacks 10’ 10’ 10’
Front Setback to City R/W 30’ n/a n/a
Setback to CSAH 101 50’ n/a 50’
Rear Setback 30’ 30’ 30’
Wetland buffer setback 30’ n/a 30’
Preliminary Subdivision and Final Plat Submittal June 18, 2021
Eagle Bluff – Chanhassen, MN Page 4 of 5
Notes:
1. Setback proposed where lot 1 width equals 100’ on north side of existing home.
2. Lot width measured at south side of wetland 1 at the 30’ setback to wetland buffer.
Vehicular Site Access and Pedestrian Circulation
The proposed development does not require construction of any new public roadway or walkways. Right of
way access for vehicles and pedestrians is available to both lots via the private road extension from Eagle
Ridge Road through Outlot B of the Foxwood development.
Grading
The only grading required will be what is necessary to: prepare grade for the new lot’s driveway extension,
build the new home on lot 2 and excavate a stormwater storage basin. All earthmoving activities necessary
for construction will require erosion and sediment control per City of Chanhassen and Riley Purgatory Bluff
Creek Watershed District requirements.
Sanitary Sewer and Watermain
The project does not require extension of any public sanitary sewer or watermain trunk lines. The Foxwood
development extended public sewer and watermain within Outlot B to the northwest corner of the
development parcel. One set of sewer and water was extended to the existing lot; however, the previous
homeowner did not complete connection of the services to the existing home. The proposed lot split request
proposes to complete the connection of the existing services to the existing home and then abandoned use of
the existing septic system. A second set of services will then be installed to connect the proposed lot 2 home
to the public utilities. The utilities are proposed to be installed by either open cut construction and/or
directional drill installation to minimize disturbance to the existing driveway and large existing trees on the
property. The new home will result in addition of one single family home being routed to the existing
Foxwood lift station and the lift station does have the necessary capacity.
Stormwater Management
The development is located within the Riley Purgatory Bluff Creek Watershed District. The development is
required to provide stormwater management due to amount of required earth disturbance and new
impervious created by the addition of a new home and driveway extension. Stormwater management will be
provided by means of an infiltration basin on the new lot 2.
Wetlands
The development site was reviewed for wetlands by Kjolhaug Environmental Services (KES). KES has
identified 2 wetlands (1 and 2), either fully or partially within the property. A MnRAM analysis has been
performed with the delineation to confirm the classifications of the wetlands. There are no impacts proposed
to either wetland area.
The City of Chanhassen and Riley Purgatory Bluff Creek Watershed District have slight differences in
wetland classification labels and regarding wetland buffers requirements. The following is a summary of the
buffer requirements for the project:
Preliminary Subdivision and Final Plat Submittal June 18, 2021
Eagle Bluff – Chanhassen, MN Page 5 of 5
Local Governmental Unit
City of Chanhassen Riley Purgatory Bluff Creek Watershed District
Wetland
Classification
Buffer Strip
Requirement
Principal
Structure
Setback
to Buffer
Accessory
Structure
Setback to
Buffer
Wetland
Classification
Average
Buffer
Width
Required
Min. Buffer
Width
Required
OUTSTANDING 50 50 50 N/A
PRESERVE 40 40 20 EXCEPTIONAL 80 40
MANAGE 1 25 30 15 HIGH 60 30
MANAGE 2 20 30 15 MEDIUM 40 20
MANAGE 3 16.5 30 15 LOW 20 10
The development plan assumes a buffer application by proposing buffers in compliance with RPBCWD
averaging criteria but then including the structure buffer setback in accordance with the City rules. following
is a summary of the proposed wetland buffers:
Wetland Area Classification Lineal
Frontage1
Buffer Area
For Avg Calc.2
Minimum
Buffer Width
Average Buffer
Provided
1 0.269 ac MANAGE 1 335 LF 13,439 SF 20’ 40.1’
2 0.935 SF MANAGE 1 411 LF 42,497 SF 20’ 45.1’
Notes:
1) Lineal frontage listed is as assumed for buffer requirement calculation, also refer to wetland
management plan for additional calculation details.
2) Actual wetland buffer to be provided is greater than value used for averaging calculation.
Tree Preservation
The estimated baseline tree canopy coverage for the existing site is 39% of the net area (excluding site
wetland area). Per the City code, low density residential is then allowed to remove to a limit of 35% tree
canopy prior to requirement of mitigation. The development plan proposes to maintain tree canopy coverage
of 36% and thus no tree replacement is required per City Ordinance.
Landscaping
Each lot is required to install a minimum of one deciduous or conifer tree in the front yard, in accordance
with the City’s Subdivision Ordnance. The new tree must either be an 8’ conifer or 2.5” deciduous with
species chosen from the City’s approved list.
TIMING/PHASING
If the City approves the proposed subdivision request, it is the Applicant’s desire to proceed with
modifications to the existing home and placing both lots are the market.
CONCLUSION
The applicant respectfully concludes that this request for subdivision approval will allow for a development
consistent with adjacent single family residential lots and the City Goals and Objectives for this area.
PROJECTLOCATIONWETLAND 1MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' MIN. + 30' SBK - CITY12WETLAND 2MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' MIN. + 30' SBK - CITYOUTLOT ABLOCK1EAGLE BLUFF
PRELIMINARY / FINAL PLAT SUBMITTAL
COVER SHEET 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700EAGLE BLUFFCHANHASSEN, MINNESOTASUITE 700ALLIANT ENGINEERING, INC.733 MARQUETTE AVENUEMINNEAPOLIS, MN 55402PH: 612-758-3080CONSULTANTFX: 612-758-3099SURVEYORENGINEERDAN EKREMLICENSE NO. 57366MARK RAUSCHLICENSE NO. 43480EM: mrausch@alliant-inc.comEM: dekrem@alliant-inc.comDEVELOPERSCHUTROP BUILDING & 540 LAKOTA LANECHANHASSEN, MN 55318CONTACT: MARTY SCHUTROPVICINITY MAPNOT TO SCALE6SHEET INDEX NO.COVER SHEET1SITE AND UTILITY PLAN5GRADING, DRAINAGE AND EROSION CONTROL PLANDETAILS3EXISTING CONDITIONS SURVEY28TREE CANOPY COVERAGE PLAN7WETLAND MANAGEMENT PLAN DEVELOPMENT CORPORATIONPRELIMINARY PLAT4
TRACT ATRACT B
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R =8 9 1 .0 0 L =3 6 0 .8 9 Δ=2 3 °1 2 '2 5 "
C .B r g =S 2 °0 1 '2 9 "E C .=3 5 8 .4 3S89°53'00"E 243.11N00°02'05"W 150.00 S89°53'00"E 278.34S09°34'44
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0N89°53'00"W16.00S89°53'00"E32.00N10°37'41"E18.22N00°02'05"W150.00N00°02'05"W 432.28
1"=60'6/17/21DEPFFIELDDRAWN BYSCALEDATE ISSUEDJOB NO.CHECKED BY221-0141CHANHASSEN, MN 9197 EAGLE RIDGE ROADEAGLE BLUFF DDSignatureDate License NumberPrint NameDANIEL P. EKREMI hereby certify that this survey, plan, or reportwas prepared by me or under my directsupervision and that I am a duly Licensed LandSurveyor under the laws of the state ofMinnesota.LEGAL DESCRIPTIONTract A:That part of the south 732.28 feet of the north 762.28 feet of the Southwest Quarter of the Southwest Quarter, Section24, Township 116 North, Range 23 West, Carver County, Minnesota, lying east of the west 271.79 feet thereof andwesterly of the centerline of State Highway No. 101 EXCEPT that part thereof described as follows:That part of the north 180 feet of the east 16.00 feet of the west 287.79 feet of the Southwest Quarter of the SouthwestQuarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying south of the north 30.00feet thereof.Tract B:That part of the west 271.79 feet on the north 762.28 feet of the Southwest Quarter of the Southwest Quarter, Section24, Township 116 North, Range 23 West, Carver County, Minnesota and that part of the North 30.00 feet of saidSouthwest Quarter of the Southwest Quarter, lying east of the west 271.79 feet thereof and westerly of the centerlineof the State Highway No. 101 described as:That part of the north 330.00 feet of the east 16.00 feet of the west 271.79 feet of the Southwest Quarter of theSouthwest Quarter Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying south of thenorth 180 feet thereof.EXCEPTING from the above Tracts A and B the following:That part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 116 North, Range 23 West,shown as Parcel 71B on Minnesota Department of Transportation Right of Way Plat Numbered 10-19 as the same ison file and of record in the office of the County Recorder in and for Carver County, Minnesota.And also excepting:That part of the South 732.28 feet of the North 762.28 feet of the Southwest Quarter of the Southwest Quarter ofSection 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying westerly of the westerly right ofway line of Trunk Highway No. 101, Minnesota Department of Transportation Right of Way Plat no. 10-19, 10-46 and10-47 according to the recorded plats thereof, Carver County, Minnesota, and easterly of the following described line:Commencing at the intersection of the South line of said North 762.28 feet and said westerly right of way line; thenceon an assumed bearing of North 89 degrees 53 minutes 00 seconds West for a distance of 16.48 feet along saidsouth line to the point of beginning of the line to be described; thence northerly 360.89 feet along a non-tangentialcurve, concave to the east, central angle 23 degrees 12 minutes 25 seconds, radius 891.00 feet, chord bearing North02 degrees 01 minutes 29 seconds West; thence North 09 degrees 34 minutes 44 seconds East 361.10 feet; thenceNorth 10 degrees 37 minutes 41 seconds East 18.22 feet to the North line of the South 732.28 feet of the North 762.28feet and said line there terminating. And also exceptingParcel 271B on Minnesota Department of Transportation Right of Way Plat Numbered 10-47, Carver County,Minnesota.1. This survey and the property description shown herein are based upon information found in the owner's policyprepared by Carver County Abstract & Title , Co., Inc. as issuing agent for Chicago Title Insurance Company,Commitment No. CA 32333, dated January 27, 2021.2. The locations of underground utilities are depicted based on information from Gopher State One Call system for a“Boundary Survey locate”. The information was provided by a combination of available maps, proposed plans or cityrecords and field locations which may not be exact. Verify all utilities critical to construction or design.3. The orientation of this bearing system is based on the Carver County Coordinate System NAD83 (86 Adj.).4. All distances are in feet.5. The area of the above described property is 178,628 square feet or 4.1 acres.6. Benchmark: Top nut of hydrant on the northwest side of the the southern most cul-de-sac of Eagle Ridge Road hasan elevation of 900.07 feet NAVD88.7. Wetlands shown hereon were delineated by Kjolhaug Environmental Services.NOTESLEGEND733 Marquette Ave, Ste 700Minneapolis, MN 55402612.758.3080 612.758.3099www.alliant-inc.comMAINFAXEXISTING CONDITIONS SURVEYJUNE 17, 202157366
3EAGLE BLUFF
PRELIMINARY / FINAL PLAT SUBMITTAL
DETAILS 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700
WETLAND 1MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' MIN. + 30' SBK - CITY130,778 SF278,137 SFWETLAND 2MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' MIN. + 30' SBK - CITYOUTLOT A69,713 SFBLOCKWETLAND 1MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' MIN. + 30' SBK - CITY130,778 SF278,137 SFWETLAND 2MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' MIN. + 30' SBK - CITYOUTLOT A69,713 SFN0°02'05"W 432.28'N89°53'00"W 16.00'N0°02'05"W 150.00'N89°53'00"W 32.00'N0°02'05"W 150.00'S89°53'00"E 278.34'N10°37'41"E 18.22'N9°34'44"
E
3
6
1
.
1
0
'N89°53'00"W 243.11'PARCEL AREA TABLEPARCELB1-L1B1-L2OUTLOT ATOTALAREA SF30,77878,13769,713178,628AREA AC0.711.791.604.104EAGLE BLUFF
PRELIMINARY / FINAL PLAT SUBMITTAL
PRELIMINARY PLAT 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700LEGEND:DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:Being 5 feet in width and adjoining lot lines and 10 feet inwidth and adjoining right of way lines, unless otherwiseindicated on the plat.NOT TO SCALE
WETLAND 1MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' MIN. + 30' SBK - CITY130,778 SF278,137 SFWETLAND 2MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' MIN. + 30' SBK - CITYOUTLOT A69,713 SFBLOCK5EAGLE BLUFF
PRELIMINARY / FINAL PLAT SUBMITTAL
SITE AND UTILITY PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700LEGEND: SITE PLAN DATA TYPICAL LOT DETAILUTILITY NOTES:
WETLAND 1MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' MIN. + 30' SBK - CITY12WETLAND 2MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' MIN. + 30' SBK - CITYOUTLOT ABLOCK6EAGLE BLUFF
PRELIMINARY / FINAL PLAT SUBMITTAL
GRADING, DRAINAGE, AND EROSION CONTROL PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700GRADING NOTES: GRADING LEGEND:
WETLAND 1MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' MIN. + 30' SBK - CITY12WETLAND 2MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' MIN. + 30' SBK - CITYOUTLOT ABLOCK7EAGLE BLUFF
PRELIMINARY / FINAL PLAT SUBMITTAL
TREE CANOPY COVERAGE PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700TREE PRESERVATION NOTES: LEGEND: TREE INVENTORY: CANOPY CALCULATION
WETLAND 1MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' MIN. + 30' SBK - CITY12WETLAND 2MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' MIN. + 30' SBK - CITYOUTLOT ABLOCK8EAGLE BLUFF
PRELIMINARY / FINAL PLAT SUBMITTAL
WETLAND MANAGMENT PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700WETLAND SUMMARYWETLAND BUFFER CALCULATIONLEGEND:
EAGLE BLUFFKNOW ALL PERSONS BY THESE PRESENTS: That Black Cherry Development LLC, a Minnesota limited liability company, owner of the following described property:That part of the south 732.28 feet of the north 762.28 feet of the Southwest Quarter of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying east of the west 271.79 feetthereof and westerly of the centerline of State Highway No. 101 EXCEPT that part thereof described as follows:That part of the north 180 feet of the east 16.00 feet of the west 287.79 feet of the Southwest Quarter of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying southof the north 30.00 feet thereof.ANDThat part of the west 271.79 feet on the north 762.28 feet of the Southwest Quarter of the Southwest Quarter, Section 24, Township 116 North, Range 23 West, Carver County, Minnesota and that part of the North 30.00feet of said Southwest Quarter of the Southwest Quarter, lying east of the west 271.79 feet thereof and westerly of the centerline of the State Highway No. 101 described as:That part of the north 330.00 feet of the east 16.00 feet of the west 271.79 feet of the Southwest Quarter of the Southwest Quarter Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lyingsouth of the north 180 feet thereof.EXCEPTING from the above tracts the following:That part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 116 North, Range 23 West, shown as Parcel 71B on Minnesota Department of Transportation Right of Way Plat Numbered 10-19as the same is on file and of record in the office of the County Recorder in and for Carver County, Minnesota.And also excepting:That part of the South 732.28 feet of the North 762.28 feet of the Southwest Quarter of the Southwest Quarter of Section 24, Township 116 North, Range 23 West, Carver County, Minnesota, lying westerly of thewesterly right of way line of Trunk Highway No. 101, Minnesota Department of Transportation Right of Way Plat no. 10-19, 10-46 and 10-47 according to the recorded plats thereof, Carver County, Minnesota, andeasterly of the following described line:Commencing at the intersection of the South line of said North 762.28 feet and said westerly right of way line; thence on an assumed bearing of North 89 degrees 53 minutes 00 seconds West for a distance of16.48 feet along said south line to the point of beginning of the line to be described; thence northerly 360.89 feet along a non-tangential curve, concave to the east, central angle 23 degrees 12 minutes 25seconds, radius 891.00 feet, chord bearing North 02 degrees 01 minutes 29 seconds West; thence North 09 degrees 34 minutes 44 seconds East 361.10 feet; thence North 10 degrees 37 minutes 41 secondsEast 18.22 feet to the North line of the South 732.28 feet of the North 762.28 feet and said line there terminating.And also exceptingParcel 271B on Minnesota Department of Transportation Right of Way Plat Numbered 10-47, Carver County, Minnesota.Has caused the same to be surveyed and platted as EAGLE BLUFF and does hereby dedicate to the public for public use the drainage and utility easements as created by this plat.In witness whereof said Black Cherry Development LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this _________ day of _____________________, 20_____.Signed: Black Cherry Development LLC_____________________________________________Timothy Erhart, Manager STATE OF MINNESOTACOUNTY OF ____________________This instrument was acknowledged before me on _______________________________ by Timothy Erhart, Manager of Black Cherry Development LLC, a Minnesota limited liability company, on behalf of the company.________________________________________________________________________________________________Printed NameNotary Public, __________________ County, MinnesotaMy Commission Expires __________________________SURVEYOR'S CERTIFICATEI Daniel P. Ekrem do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of theboundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wetlands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this ____ day of _________________, 20______________________________________________Daniel P. Ekrem, Licensed Land SurveyorMinnesota License No. 57366STATE OF MINNESOTACOUNTY OF _____________________This instrument was acknowledged before me on ____________________________ by Daniel P. Ekrem, a Licensed Land Surveyor.________________________________________________________________________________________________Printed NameNotary Public, __________________ County, MinnesotaMy Commission Expires __________________________CHANHASSEN, MINNESOTAThis plat of EAGLE BLUFF was approved and accepted by the City Council of the City of Chanhassen, Minnesota at a regular meeting thereof held this ______________ day of _____________________, 20______, and saidplat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.City Council, City of Chanhassen, MinnesotaBy: ___________________________________________________________________MayorClerkCOUNTY SURVEYOR, CARVER COUNTY, MINNESOTAPursuant to Chapter 395, Minnesota Laws of 1971, this plat has been approved this ______________ day of _____________________, 20______.Brian Praske, County SurveyorBy: ________________________________COUNTY AUDITOR, CARVER COUNTY, MINNESOTAI hereby certify that taxes payable in _________________ and prior years have been paid for land described on this plat. Dated this ______________ day of _____________________, 20______.Crystal Campos, County AuditorBy: ________________________________COUNTY RECORDER, CARVER COUNTY, MINNESOTAI hereby certify that this plat of EAGLE BLUFF was filed this ______________ day of _____________________, 20______, at _____ o'clock ___.M. as Document Number ___________________ .Kaaren Lewis, County RecorderBy: ________________________________
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Δ EAGLE BLUFFTHE NORTH LINE OF THE SOUTHWEST QUARTER OFTHE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP116 NORTH, RANGE 23 WEST, IS ASSUMED TO HAVE ACARVER COUNTY BEARING OF N89°53'00"W.VICINITY MAPSITECSAH 101 CENTERLINE DETAILNOT TO SCALE
STATE OF MINNESOTA)
(ss
COLTNTY OF CARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
July 8,2021, the duly qualified and acting Deputy Clerk ofthe City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy ofthe attached notice ofa Public Hearing to
consider a request for rezoning from Agricultural Estate (A2) to Single-Family Residential
(RSF) and subdivision approval for two lots and one outlot with variances at 9197 Eagle
Ridge Road, Planning Case No.2021-15' to the persons named on attached Exhibit "A", by
enclosing a copy ofsaid 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 ofsuch owners were those appearing as such by the
records of the County Treasurer, Carver County,innesota, and by other appropriate records. -
Subscribed and swom to before methifldayofd.d-v ,2021.
Kim
Notarv Public
Deputy lerk
(Seat)
JE{IJ
.rarllrt ,&1
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
Subject
Paacel
Dlacblrmt
This map i9 neither a legally recoded map no. a suNey and is rlot intended to b€ used
as one. This map i9 a cornfilation oI r€cords, information and data located in vadous oty.
county, state and fedeGl ofhces and olher so!rces regarding the area shoun. and as to
be used for releence purposes only. The City does not wanant lhat the Geographic
lnfomaton Sygtem (GlS) Dala used to prepare this map are enor tree, and the Crty does
not epresent that the Gls oatra can be used for navagational. tracking or any other
purpose €quiing exacting measurement oI digtance or directon or preosion in the
def,iclion of geog6phic feafures. The p.eceding disclaimer is provided pursuant to
Minne€ota statutes s,t(l6.03. Subd. 21 (2000). and the user of flis map a.hodedges
lhat the City shall not be liable for any damages, and expressly waives all claims and
agrees to defend, indemnify, and hold harmless the crty from any and all daims brought
by User, its employees or agents. or thid partes lNllicll anse oul ot ihe use/s access or
use ol data pmvided.
DLcLlmo.
ThE ma9 B neittier a legally racoded map nor a suNey and b not inteoded to be used
as one. This map is a compilaton ot rcca.ds, iniormation and data locsted an vadous crty,
county, siale and lede.al olfce3 and other sources regarding the area 3hown, and i3 to
be used br .ebrence puQo6es o.lly. The City does not warrant that the Geographic
lniomaton syslem (Gls) Data used to p.epare this map are enor ftee. and the city does
not .epr*€nt that the Gls Data can be u3ed fo( navigatonal. tracking o. any oth€r
purpore requi.ing execting measulemont of distance or dit€dio,l or precision in lhe
defMon ot geographac features The Eeceding disdaimer is provided pu6uant to
Minnesota StaMes 5466.03. Subd. 21 (2000). and the user of this map ackno,ledges
fial $e City shall nol be laable for any damages, and expr83ly waives all daims, and
aorees to derenal, indemnily. and hold harmless the Cily from any and all claims brought
by User, itB employees or aoents, or thid partres whach anse out of the use/s access or
use of data provaded.
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Carver County
Public Works
11360 Highway 212, Suite 1
Cologne, MN 55322
Office (952) 466-5200 | Fax (952) 466-5223 | www.co.carver.mn.us
CARVER COUNTY
July 14, 2021
City of Chanhassen
c/o Bob Generous AICP
Senior Planner
952-227-1131
bgenerous@ci.chanhassen.mn.us
CC: Schutrop Building & Development Corp. (Applicant)/Black Cherry Development (Property
Owner)
Re: Development / Access Review Comments: 9197 Eagle Ridge Road Subdivision
located at Parcel ID# 250240811 adjacent to County State Aid Highway (CSAH) 101
(Great Plains Blvd.)
Thank you for the opportunity to review the subject development in the City of Chanhassen.
Consistent with the County Comprehensive Plan and County Codes, and other official controls of the
County, the following are comments and recommended conditions of approval and as potential
requirements for any necessary permits to be issued for the project.
1. Regarding access onto the County Highway –
a. No access to CSAH 101 is proposed. All future access to the proposed parcels, including
Outlot A, shall be from Eagle Ridge Road via local or private road connection,
easement, or outlot. Additional County review and permit approval will be required if
this condition changes.
2. Regarding right of way, easements, and outlots –
a. CSAH 101 at this location is a 4-lane divided urban roadway facility with a trail on both
sides. The existing right of way adjacent to the parcel varies but is approximately 75 ft.
from the centerline of the roadway. The existing right of way for CSAH 101 appears to
meet the right of way guidance for consistency with the County’s 2040 Comprehensive
Plan (Figure B.6), to be confirmed by final County Surveyor review and approval.
b. A City trail project was completed on the west side of CSAH 101 adjacent to the subject
property that included a retaining wall. The retaining wall easement from this project
should be shown on the final plat. If no retaining wall easement exists, it should be
added to the final plat to the area needed for repair and replacement of the wall in the
future.
c. Right of way shown on the final plat needs to be consistent MnDOT right of way plats
as well as the County road layout. Work with County Survey staff to confirm the
technical details of the final plat. The final plat, its boundaries and form(s), will need to
be reviewed and approved by the County Surveyor.
d. Please identify proposed ownership of Outlot A. County recommends Outlot A adjacent
to the County right of way be owned by the City.
3. Regarding permitting –
a. The County will need to review and approve the final grading plans for properties
adjacent to CSAH 101. A grading permit will be required for grading work within the
highway right of way.
b. Prior to any work affecting or on County highways or in County right of way, the
applicant shall coordinate plans with the County Engineer and obtain a Utility or
Excavating/Filling/Grading Permit(s) from Carver County Public Works:
(www.co.carver.mn.us/departments/public-works/quick-links/permits). Final details of
locations, grades, and profiles affecting County roads as well as any utility connections
will need to be reviewed and approved prior to any permits.
c. Any damages, modifications, or changes incurred on County highways from current or
approved conditions will need to remedied or updated at development expense,
including costs incurred by the County.
These are the County’s comments at this time. If you have any questions or need further assistance,
please contact staff noted below:
Joan Guthmiller
Administrative Technician
Carver County Public Works
952.466.5201
jguthmiller@co.carver.mn.us
Angie Stenson AICP
Sr. Transportation Planner
Carver County Public Works
952.466.5273
astenson@co.carver.mn.us
Dan McCormick, P.E. PTOE
Traffic Services Supervisor
Carver County Public Works
952.466.5208
dmccormick@co.carver.mn.us
PLANNING COMMISSION STAFF
REPORT
Tuesday, July 20, 2021
Subject Approve Planning Commission Minutes dated July 6, 2021
Section APPROVAL OF MINUTES Item No: C.1.
Prepared By Jean Steckling, Senior Admin. Support
Specialist
File No:
PROPOSED MOTION:
The Chanhassen Planning Commission approves the minutes from its July 6, 2021 meeting.
ATTACHMENTS:
Planning Commission Minutes dated July 6, 2021
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MINUTES
JULY 6, 2021
CALL TO ORDER:
Chairman Weick called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Steven Weick, Mark von Oven, Erik Johnson, and Kelsey Alto
MEMBERS ABSENT: Laura Skistad, Doug Reeder and Eric Noyes
STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior
Planner.
Chairman Weick reviewed guidelines for conducting the Planning Commission meeting.
PUBLIC HEARING:
CONSIDER A REQUEST FOR VARIANCES TO CONSTRUCT A DECK AND
RETAINING WALL WITHIN THE BLUFF SETBACK AND BLUFF IMPACT ZONE
ON PROPERTY LOCATED AT 6609 HORSESHOE CURVE (PLANNING CASE NO.
2021-07A)
Community Development Director Aanenson presented the staff report on this item, noting the
property is zoned Residential Single Family (RSF) and is in the shoreland and riparian, and there
is a bluff at the rear of the property. She noted the setbacks stated on the slide on screen. The
house is nonconforming to the bluff setback, and the porch and retaining wall are a
nonconforming encroachment into the bluff. The water-orientated accessory structure shown on
screen has a 3-foot bluff setback, 5-yard side yard setback, and a 7-foot shoreland setback, and
everything else meets Code. The proposed project is to install an at-grade deck and drainage
system within the bluff impact zone and replace the south retaining wall with a living wall,
replacing the west retaining wall with concrete, and reconfigure the existing non-conforming
water-orientated structure. Justifications for the project include failing boulder walls, property
damage, and erosion concerns. This was an existing home that the applicant is trying to improve
to make the house nicer, and also improve the bluff and slope. Staff is supporting these changes
and recommends that the Planning Commission approve subject to conditions of approval and
the Findings of Facts and Decision.
Brian and Elise Bruner, 6609 Horseshoe Curve, approached the podium. [inaudible microphone
for a few minutes.] Mr. Bruner said the big change from the previous variance is that they are
adding two feet on to the deck towards the bluff area, mainly to add more space for furniture and
walking from the staircase across the deck. They are also shifting their driveway west which is a
more gradual slope than originally planned and replacing the window well on the west side of the
property; this was previously poured cement around the window and they are now doing a living
Planning Commission Minutes July 6, 2021
2
wall with fescue. This will help stop erosion, absorb water, and there are planned drain systems
for water management.
Ms. Bruner clarified the highest point of their property is when one approaches the driveway and
it continues to go down and down from there. There is not a lot of flat space and they are looking
for the best ways to provide different areas for people to be on the property.
Chairman Weick asked if the two feet on the deck is in each direction.
Mr. Bruner replied it is simply two feet out.
Chairman Weick opened the public hearing at 7:15 p.m.
Chairman Weick closed the public hearing at 7:15 p.m.
Commissioner Alto moved, Commissioner Johnson seconded that the Board of Appeals
and Adjustments approve a 20-foot bluff impact zone and 30-foot bluff setback variance
and for the construction of a deck, a bluff impact zone, and bluff setback variance for the
construction of retaining walls, subject to the Conditions of Approval, and adopts the
attached Findings of Facts and Decision. All voted in favor and the motion carried
unanimously with a vote of 4 to 0.
PUBLIC HEARING:
CONSIDER A REQUEST TO AMEND CITY CODE CHAPTERS 1 AND 20 TO DEFINE
"AGRITAINMENT"/"AGRITOURISM"; CREATE STANDARDS AND CRITERIA
FOR AN AGRITAINMENT USE AS AN INTERIM USE; ALLOW AGRITAINMENT
USES AS AN INTERIM USE IN THE AGRICULTURAL ESTATE DISTRICT; AND
RECEIVE AN INTERIM USE PERMIT FOR AN AGRITAINMENT USE ON
PROPERTY LOCATED AT 9111 AUDUBON ROAD
Senior Planner Bob Generous noted this is a Code Amendment and interim use permit (IUP)
review. The applicant has prepared a definition for Agritainment, use standards, an IUP in the A2
District regulations, and is also requesting the interim use for the Agritainment use on his
property. 9111 Audubon Road is zoned Agricultural Estate District (A2), is almost 64 acres in
size, and is guided for Office Industrial use in the future. Mr. Generous stated the property is
surrounded on two sides by the Bluff Creek Primary Zone which is part of the consideration.
Section 20-42 permits Code amendments upon initiation by City Council, the Planning
Commission, or a petition of the property owner. Staff has taken the applicant’s proposed
language, done a strike-through, and bold format with any recommended changes. As part of the
Agritainment definition it was broader as an educational and entertaining opportunity for people
to learn about farming activities. The only issue staff had within the definition is how mountain
biking fits into Agritainment…while they may use farm fields to do it, as part of the plan it
showed going into the Bluff Creek Primary Zone and staff had concern that it may impact that
zone and prefer that use not be included. This was the only change to the definition. Staff asked
that parking be included as part of the applicant’s plan and that they maintain a 50-foot setback
from the right-of-way, including accessible parking. He noted the applicant wanted an exemption
Planning Commission Minutes July 6, 2021
3
for accessory agriculture buildings, however the Building and Fire Officials were adamant that if
the applicant wants to change the occupancy or use of the individual buildings, they must comply
with all the building code requirements for that occupancy. Staff has added that the applicant
must provide sediment and erosion measures as part of their plan, mostly for the change in the
parking area to be sure they do not have runoff into the corridor and Bluff Creek. They also want
to verify that the roadway system has sufficient capacity to handle the proposed use. Mr.
Generous received an email from Carver County and based on the number provided to them
there were no required improvements on the public roadway system. The only condition was that
the driveway width be determined to provide access for one car in and out side-by-side. Staff is
also requiring sanitary facilities for use by visitors to the site; this would allow either a
permanent facility or the use of a chemical toilet. Staff is recommending approval of the
revisions to the standards for the Agritainment use as part of the interim use, conditional use
criteria. Staff suggests the interim use period be five years which gives the applicant time to
evaluate the operation and allows a request for an extension of that timeframe and also allows the
City the opportunity to evaluate any negative impacts. Mr. Generous showed proposed plans on
screen.
Ms. Aanenson backtracked a bit and said this property is guided for Industrial, so at some point
in the future if sewer and water is available they could convert that. However, the applicants
want to continue to use the farming operation. The mechanism for that is to give it an interim use
and reevaluate. She noted staff is excited about this as it would be great for residents to go pick
pumpkins and do those activities and said they allowed the applicant to craft how they wanted
the operation to go and staff is trying to reconcile some of those things that would or would not
work.
Mr. Generous stated staff is recommending approval of the amendments to sections 1-2, 20-
251.5, and 20-576 regarding Agritainment; an Interim Use Permit (IUP) for Agritainment at
9111 Audubon Road subject to the conditions in the staff report and the Findings of Fact and
Recommendation.
Vice Chairman/Commissioner von Oven noted the applicant had suggested mountain biking and
the determination was made that is not an agricultural activity. By striking it, if a resident were to
complain in a year that mountain biking was happening on the site, there would be cause for a
statement that they could not do that. He asked if something is not in the definition, is it not
allowed and has it been written in such a way that amendments will need to continue in the
future? For example, pumpkin picking and apple picking are listed – would that include zucchini
picking?
Ms. Aanenson replied they could modify it to say “produce” that could be grown on the site.
Mr. von Oven was surprised at 25% of the land being used as agriculture, which is not
Agritainment.
Planning Commission Minutes July 6, 2021
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Ms. Aanenson replied that staff discussed if it is a living farm in Agritainment, then there should
be a farming operation.
Mr. Generous noted there are 19 parcels that could conceivably come in and request
Agritainment as an interim use, with a minimum of 20 acres, zoned agricultural. The Degler
Family wanted to be sure people understood that they were not just crafting this definition for
themselves.
Gayle Degler and his son, Todd Degler, applicants, approached the podium. Todd Degler gave a
presentation on screen, explaining what Agritainment is and why the Degler Family wants to
explore the opportunity. They are still a farm and grow corn, soybeans, wheat, and alfalfa grass.
He noted a typo and asked to add the words “Archery/Axe Throwing” as part of the
Agritainment activity. Regarding parking and setbacks, the Deglers would propose that parking
should be removed from Item 5 since they feel it more appropriately fits in Item 6 as part of the
parking plan because of the unique situation. They do not believe any screening is needed for
visual impacts and would request that the 50-foot requirement from the right-of-way be removed.
The applicant proposes to screen the parking with rows of corn which could add character and
provide adequate screening. Mr. Degler also asked for a change regarding the sanitary facilities
noting where it says it shall be serviced weekly, they propose it be serviced as the operational
plan dictates; the reason is that it may not even be used on a weekly basis. He clarified the
average time on the farm is about 45 minutes and they do not get requests for facilities very
often, and it is mostly for a diaper change. The family proposed changing the language of the
IUP to say the permit shall be approved until development of the property will no longer allow it
to meet ordinance code. Mr. Degler also spoke about suggested signage regarding the Bluff
Creek Overlay District on their property and their preference not to have that signage. He also
clarified the hayride route.
Commissioner Alto stated in talking about planting the row of corn on the street, it was noted
that sleigh rides may be part of the future. She asked if the applicant wants to start tracking
toward winter activities and what the parking situation would look like during the winter.
Mr. Degler replied they would park their cars away from that setback in the winter months which
are not as busy of a time. He clarified in the winter they would probably park within the main
yard area.
Mr. von Oven said it sounds like it will be a pretty successful business in addition to what the
Applicant is already doing. He asked why it is pre-determined that this property will be
developed on in the future?
Mr. Degler replied the Comprehensive Plan is what maps it out in the future; he does not think it
has to be developed in the future but he may be wrong.
Planning Commission Minutes July 6, 2021
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Mr. Gayle Degler noted it is home for him and at this point he does not have a desire to develop
it.
Ms. Aanenson stated the City has a Comprehensive Plan but does not pick and choose when
development happens as that is up to the property owner. She noted the property is guided for
industrial and there is sewer and water to the property but if they want to continue to farm it is
the family’s choice.
Mr. von Oven asked regarding the 50 feet for parking, the reason may be to screen parking but as
a parent of young children when those minivan doors open the kids are gone. He does not know
enough about the right-of-way, but asked if Mr. Degler is personally comfortable parking within
15-20 feet of that right-of-way with his children piling out of the car.
Mr. Degler replied he is, absolutely.
Mr. Gayle Degler stated the kids are going to go toward the activity, towards the pumpkins,
towards the farm rather than the road.
Commissioner Johnson commented he has gone to the farm since they started the hayride, they
are doing a great job, and it is always fun to see what is new each year.
Ms. Alto asked staff with the proposed changes the applicant had in the presentation, is it
something that needs to go back for revisions before approval?
Ms. Aanenson stated the Commission can make a recommendation based on the applicant’s
updates up to the City Council. The City Council can then either add or subtract to it.
Mr. Weick opened the public hearing at 8:06 p.m.
Mr. Weick closed the public hearing at 8:06 p.m.
Mr. Weick appreciates the intent for the Degler Farm and does not doubt the intentions for safety
or fun; however, with the number of items included in what could happen...with all the activities
and parking, they overlap considerably. His concern is in rotating activities around the farm, it is
very packed. If they stick to the 50-foot setback for parking it basically wipes out the parking in
the front of the property. He is also concerned that there are 19 other properties that could
potentially do similar things and are their intentions the same. He noted the number of potentially
dangerous activities such as sledding, archery, axe throwing, zip lines happening on top of each
other and moving year after year is an issue to him.
Ms. Aanenson noted they tried to address this in the definition of Agritainment. The goal was
that there needed to be a farming operation rather than someone that has 20 acres, as 25% of it
Planning Commission Minutes July 6, 2021
6
must be agricultural use. The intent is that it is accessory to the principal use of agriculture.
Perhaps the percentages aren’t quite where the Commissioners would feel comfortable.
Mr. von Oven asked why the percentage was lowered to 25%?
Mr. Generous replied it was partially the Degler’s recommendation. He clarified they started out
with a 10-acre site and the City said that was way too small which is how they got to the 40
acres.
Mr. Degler clarified they did not want it to look like they made the rules for themselves; through
some back-and-forth, they landed at the final number.
Mr. von Oven asked how many acres the farm sits on.
Mr. Degler replied the farm is about 60 acres, they rent other land and farm about 250 tillable
acres.
Mr. von Oven noted they are well over 75% agriculture.
Mr. Weick replied not on this site.
Mr. Degler noted that is correct and depends on if they are talking about the farm or the site; the
farm they rent is not connected to the site.
Ms. Aanenson clarified the Degler’s property is 67 acres and that would be the basis.
Mr. Weick asked of the 67 acres, how much is farmed?
Mr. Degler replied about 40-45 acres.
Mr. von Oven said regarding the definition of Agritainment, he thinks they are putting so much
in there so something is not missed. There is some work to be done to make it more efficient and
not revisit this in the future. He noted this makes it feel that they are piling stuff on top of a piece
of property; if there were one place that tried to do all these things, there is no way he’d take his
kids there because it would be too dangerous. He feels as though all of the activities are for
definition as one literally cannot have all of them at the same time, for example winter and
summer activities.
Mr. Weick said he cannot help but envision driving by a carnival. He stated someone could do it
and turn it into a business - only interested in making a buck - much more than the Deglers who
are interested in the educational side.
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Ms. Aanenson noted that is the reason they put the timeline on the IUP so the City can go back
and revisit it.
Mr. von Oven is a big fan of the idea and he has visited places like this a lot by driving a few
more miles west. All of the changes suggested make sense to him; however the one he feels
pretty strongly about is that it is being considered as an IUP for a reason. If there was a definite
end that was forcing the Deglers to develop that would change this and put a set deadline on it,
he would feel differently. He is a big fan that the City invests in projects they believe in, which is
why this is up for consideration. There may be some issues as to how they make it work, limiting
potential uses; perhaps a smaller list of uses is tested at first and if it is working, the City can let
it grow or change. Part of the way they would not drive by a carnival every day is on Section 20
Number 4. It feels like a site that is only farming on 25% of the property is not really a farm,
rather it is 75% or something else. Commissioner von Oven thinks they should keep with the
great idea of farmers first, educators second. This might get flipped on its head and that is when
it turns into a carnival if they only have to be farming on 25%. He does not know what the right
number is, but feels like that number should be a bit bigger. He also agrees that the Bluff signage
feels like an advertisement and should not be on private property.
Ms. Aanenson noted staff agrees with the porta-potty comment and also agrees in combining the
parking standards.
Mr. von Oven asked if there was anything on the list that staff was adamantly opposed to.
Mr. Generous replied there is some concern about archery and axe throwing.
Ms. Aanenson said regarding parking, they will let the Planning Commission decide what is
appropriate for screening, whether 50 feet is excessive or just a row of corn.
Mr. Generous said if there is concern regarding acreage, to go back to 40 acres at 25% there
would be 10 acres that are actually farmed and that is by definition, a farm. He noted that is part
of what they started out with. He stated there are other opportunities in the community that could
theoretically come in, but they do not think anyone else would have the same interests, visibility,
location, or passion.
Mr. von Oven is not a fan of the axe throwing, either. The interesting thing about the definition is
if they did not talk about it tonight, no one would know whether it is in or out of the definition.
Everyone who reviews these notes will know that mountain biking was crossed off and
potentially axe throwing was discussed and thrown out. He said “pick your next sport.” That is a
bit of the issue he has with the definition. He loves “uses including” but does not know that any
decision the Commissioners make will say yes or no to axe throwing so it does not affect his
decision. He clarified that if they do not change the definition to produce picking, then zucchini
picking is prohibited on the Agritainment property.
Planning Commission Minutes July 6, 2021
8
Ms. Aanenson thinks she heard Mr. von Oven say “like uses” which would be something that is
grown on the property, and Staff would clarify that.
Mr. Johnson asked if the strike-out for mountain biking would stay in the definition like this.
Ms. Aanenson replied it will come out. When it goes to City Council they will weigh in, as well.
Mr. von Oven would like City Council to hear that he thinks they will have problems with this
definition in the future and he wants to make it better although he is not exactly sure how. Some
of the wording could be more efficient or explicit, and he suggested something similar to “like-
use.” He loves the idea of the corn barrier between the right-of-way which allays his concerns
about children running from the car to the road. Servicing the facilities weekly does sound undue
as certain times during the winter they may not even be used. He believes it should remain as an
IUP to allow the City to test, learn, and revisit.
Commissioner von Oven moved, Commissioner Alto seconded that the Chanhassen
Planning Commission recommends City Council approve City Code amendments to
sections 1-2, 20-251.5, and 20-576 regarding Agritainment; an Interim Use Permit (IUP)
for Agritainment use at 9111 Audubon Road with amendments as proposed in the notes
from tonight and adopts the Findings of Fact and Recommendation. The motion carried
with a vote of 3 to 1. Chairman Weick voted nay.
Ms. Aanenson noted this item will go before the City Council on July 26, 2021.
APPROVAL OF MINUTES:
APPROVAL OF PLANNING COMMISSION MINUTES DATED JUNE 15, 2021
Commissioner Alto noted the summary Minutes of the Planning Commission meeting
dated June 15, 2021 as presented.
ADMINISTRATIVE PRESENTATIONS:
CITY COUNCIL ACTION UPDATE
Ms. Aanenson presented highlights of action taken by the City Council on Planning matters
including the food truck item, Octoberfest, a neighborhood meeting regarding the changes going
on for residents on West 96th Street, and noted they have had between 800-1,000 roofing permits,
a new Building Inspector, and Lake Place Apartments will begin construction soon. She stated
they will not have a Planning Commission meeting on August 3, 2021 due to National Night
Out.
DISCUSS FUTURE CODE AMENDMENTS
Ms. Aanenson updated the Commissioners on what is coming up including a sign code update,
fences (shoreland fences, above-ground pool requirements, height, CUP requirements, and
Planning Commission Minutes July 6, 2021
9
barbed wire/electric fence restrictions), and retaining walls. Finally, they are looking at goat
rentals, which is currently only in agricultural areas; however, the City has had many requests
recently as the goats are gone in three days and they would like to try to allow this. Ms.
Aanenson noted Hopkins has a really good sign ordinance model which the City will likely
recommend.
Mr. Weick noted it has been a couple of weeks since the City Council made their decision
regarding RV storage. He asked if calls to the City spiked because of it.
Ms. Aanenson replied yes, they have received complaints from neighbors but it has always been
a complaint-based system.
ADJOURNMENT:
Commissioner von Oven moved to adjourn the meeting. All voted in favor and the motion
carried unanimously with a vote of 4 to 0. The Planning Commission meeting was
adjourned at 8:43 p.m.
Submitted by Kate Aanenson
Community Development Director
PLANNING COMMISSION STAFF
REPORT
Tuesday, July 20, 2021
Subject City Council Action Update
Section ADMINISTRATIVE
PRESENTATIONS
Item No: D.1.
Prepared By Jean Steckling, Senior Admin. Support
Specialist
File No:
ATTACHMENTS:
City Council Action Update
City Council Action Update
MONDAY, JULY 12, 2021
Consider Approval of Final Plat and Development Contract for Avienda – Approved
Resolution 2021-XX: Consider a Request for Approval of a Metes and Bounds Subdivision of 4.39
Acres into Two Lots at 8971 Crossroads Boulevard – Approved
Approve a Request for an Amendment to the Interim Use Permit to Remove the Condition Requiring
the Installation of Driving Range Nets – Approved
Minutes for these meetings can be viewed and downloaded from the city’s website at
www.ci.chanhassen.mn.us, and click on “Agendas and Minutes” from the left-side links.