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CC Staff Report 8-9-21CITY COUNCIL STAFF REPORT Monday, August 9, 2021 Subject Ordinance XXX: Approve a Request to Rezone Property from Agricultural Estate (A2) to Single­Family Residential (RSF); and Resolution 2021­XX: Subdivision Approval of Two Lots and One Outlot with Variances for a Private Street and Private Street Width at 9197 Eagle Ridge Road Section NEW BUSINESS Item No: H.2. Prepared By Robert Generous, Senior Planner File No:  PROPOSED MOTION "The Chanhassen City Council approves the following for property located at 9197 Eagle Ridge Road: 1. An ordinance rezoning the Eagle Bluff development from Agricultural Estate District (A2) to Single­Family Residential District (RSF); and 2. A resolution approving preliminary and final plat for a two­lot, one outlot subdivision with a variance for the use of a private street and private street width (Eagle Bluff) subject to the conditions of the staff report;  And Adopts the Planning Commission's Findings of Fact and Recommendation." Approval requires a Majority Vote of the entire council. SUMMARY 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. BACKGROUND The Planning Commission held a public hearing on July 20, 2021 to review the proposed development. The Planning Commission voted 6 ­ 0 on a motion recommending approval of the development. There were no issues or concerns with the proposal. The Planning Commission minutes for July 20, 2021 are attached. DISCUSSION The proposed rezoning to Single­Family Residential (RSF) District is consistent with the Comprehensive Plan Land CITY COUNCIL STAFF REPORTMonday, August 9, 2021SubjectOrdinance XXX: Approve a Request to Rezone Property from Agricultural Estate (A2) toSingle­Family Residential (RSF); and Resolution 2021­XX: Subdivision Approval of Two Lotsand One Outlot with Variances for a Private Street and Private Street Width at 9197 Eagle RidgeRoadSectionNEW BUSINESS Item No: H.2.Prepared By Robert Generous, Senior Planner File No: PROPOSED MOTION"The Chanhassen City Council approves the following for property located at 9197 Eagle Ridge Road:1. An ordinance rezoning the Eagle Bluff development from Agricultural Estate District (A2) to Single­FamilyResidential District (RSF); and2. A resolution approving preliminary and final plat for a two­lot, one outlot subdivision with a variance for theuse of a private street and private street width (Eagle Bluff) subject to the conditions of the staff report; AndAdopts the Planning Commission's Findings of Fact and Recommendation."Approval requires a Majority Vote of the entire council.SUMMARYThe 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.BACKGROUNDThe Planning Commission held a public hearing on July 20, 2021 to review the proposed development. The PlanningCommission voted 6 ­ 0 on a motion recommending approval of the development. There were no issues or concernswith the proposal.The Planning Commission minutes for July 20, 2021 are attached.DISCUSSION The proposed rezoning to Single­Family Residential (RSF) District 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 single­family residential properties, is a standard zoning district, and permits only single­family homes. The proposed subdivision has access to public right­of­way 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 7­ton 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, which requires a variance approval for the extension of the private street and from the private street standards. RECOMMENDATION Staff and the Planning Commission recommend the City Council 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: Rezoning Ordinance Resolution Planning Commission Staff Report dated July 20, 2021 Planning Commission Meeting Minutes dated July 20, 2021 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE, BY REZONING CERTAIN PROPERTY THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby amended by rezoning from Agricultural Estate District (A-2) to Single-Family Residential District (RSF), for all property within the Eagle Bluff residential development, with the following legal description: Lots 1 and 2, Block 1, Eagle Bluff Addition, Carver County, Minnesota. Section 2. The zoning map of the City of Chanhassen shall not be republished to show the aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the notations, references, and other information shown thereon are hereby incorporated by reference and made a part of this ordinance. Section 3. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 9th day of August, 2021, by the City Council of the City of Chanhassen, Minnesota Laurie Hokkanen, City Manager Elise Ryan, Mayor (Published in the Chanhassen Villager on ______________________________) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: August 9, 2021 RESOLUTION NO: 2021- MOTION BY: SECONDED BY: A RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT FOR EAGLE BLUFF ADDITION, CARVER COUNTY, MINNESOTA SCHUTROP BUILDING & DEVELOPMENT CORP. 9197 EAGLE RIDGE ROAD WHEREAS, Schutrop Building & Development Corp. and Black Cherry Development have requested approval of a subdivision creating two single-family lots and one outlot with a variance for the use of a private street and a variance from the private street design standards on property in Chanhassen described in Exhibit A. WHEREAS, the property is guided for Residential Low Densit y use; and WHEREAS, the property is zoned Single-Family Residential district, RSF; and WHEREAS, the proposed subdivision complies with all requirements of the Chanhassen City Code; and WHEREAS, the proposed subdivision adequately provides for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the city; and WHEREAS, the proposed subdivision is consistent with the Chanhassen Comprehensive Plan and Zoning ordinance. NOW, THEREFORE, BE IT RESOLVED that the Chanhassen City Council hereby approves a preliminary and final subdivision consisting of two lots and one outlot with a variance for the use of a private street and a variance from the private street design standards subject to the following conditions of approval: 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. 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. 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. Passed and adopted by the Chanhassen City Council this 9th day August of 2021. ATTEST: Laurie Hokkanen, City Manager Elise Ryan, Mayor YES NO ABSENT 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 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. g:\plan\2021 planning cases\21-15 9197 eagle ridge road rez sub var\resolution preliminary & final plat with variances.docx PLANNING COMMISSION STAFF REPORT Tuesday,July 20,2021 Subject Consider a Request to Rezone Property from Agricultural Estate District A2)to Single-Family 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.2021-15 PROPOSED MOTION: The Chanhassen Planning Commission recommends that City Council approve the rezoning from Agricultural Estate A2)to Single-Family Residential 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. 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. APPLICANT Schutrop Building Development Corp.,540 Lakota Lane,Chanhassen,MN 55318 SITE INFORMATION PRESENT ZONING:Agricultural Estate District,A-2 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”Single-Family Residential District BACKGROUND PLANNING COMMISSIONSTAFFREPORTTuesday,July 20,2021SubjectConsider a Request to Rezone Property from Agricultural Estate District A2)to Single-FamilyResidentialDistrictRSF)and Subdivision Approval of Two Lots and One Outlot withVariancesforaPrivateStreetandPrivateStreetWidthat9197EagleRidgeRoadSectionPUBLICHEARINGSItemNo:B.2.Prepared By Robert Generous,Senior Planner File No:Planning Case No.2021-15PROPOSEDMOTION:The Chanhassen Planning Commission recommends that City Council approve the rezoning from Agricultural Estate(A2)to Single-Family Residential RSF)and a two-lot,one outlot subdivision with a variance for the use ofaprivatestreetandprivatestreetwidthsubjecttotheconditionsofthestaffreportandadopttheFindingsofFactandRecommendation.SUMMARYOFREQUESTTheapplicantisrequesting rezoning from Agricultural Estate A2)to Single-Family Residential RSF)andsubdivisionapprovaloftwolotsandoneoutlotwithvariancesforaprivatestreetandprivatestreetwidth.APPLICANTSchutrop Building Development Corp.,540 Lakota Lane,Chanhassen,MN55318SITEINFORMATIONPRESENTZONING:Agricultural Estate District,A-2LAND USE:Residential Low Density 1.2 4.0 units pernetacreACREAGE:2.02acresDENSITY:1.25 units per netacreAPPLICATIONREGULATIONSChapter18,SubdivisionsChapter 20,Article XII,RSF”Single-Family 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 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 CCDatePCOate: 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.. $325EAttothers ..... $425 300nCreateover3 |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.rExistingUseolProperty: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 darrlr,a*a. O 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: EEmailApplicantVia: 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' 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' TRACT ATRACT B R =8 9 1 .0 0 L =3 6 0 .8 9 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 150.00S89°53'00"E 278.34S09°34'44W36110N89° 3EAGLE BLUFF PRELIMINARY / FINAL PLAT SUBMITTAL DETAILS WETLAND 1MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' MIN. + 30' SBK - CITY130, 778 SF278,137 SFWETLAND 2MANAGE1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' MAX - RPBCWD25' WETLAND 1MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' WETLAND 1MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' AVG., 80' WETLAND 1MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN.,40' WETLAND 1MANAGE 1 - CITY, MEDIUM - RPBCWDBUFFER REQUIREMENTS:20' MIN., R =8 9 1 .0 0 L =3 6 0 .8 9 2 3 °12 '2 5 " C .B r g =S 2 °0 1 '2 9 "E C .=3 5 8 .43S89° 53'00"E 243.11N00°02' 05"W 150.00 S89°53'00"E278. 34S09°34'44W 3 6 1 1 0N89°53'00"W16.00S89°53'00"E32.00N10°37'41 E18.22N00°02'05"W150.00N78°26'02"E 201.67N46°27'38"E45.59105.7395.94N00°02'05"W 432.28146.41285.87 68. 3881. 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 beforemethifldayofd.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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G. d. uJ tr,l t rJ uJ Er uJ uJ rJJ uJ r,! tJ.r(, (, (, (, (9 (, (, ( 9 (, (, ( 9 (9 (, (9 (9 (9 (9oo o o o o o o o o o o o o o o o U (J (J U (J C( (J E G,E E 6,4E,E E, IE &EG G,G, r! uJ t! uJ u.l t! !! uJ trJ tfJ uJ tr,l uJ uJ uJ trJ ut ul t! t! uJ r! uJ 9(,(9(9(9(,(9(9(9(,(99(,99(,(,(,(,(,(,(,(, uJ trr Er r! uJ r! uJ r! uJ uJ uJ uJ t! uJ uJ uJ u.l tr.J u.loooo o rrl o l.) q) !,] o o ra o rn ra !/'t rn rn ra u) L,) N<l r, (o F @ @ Or 01 01 O Fr.\ fn <l + (o t\ 0o Or O .r N Or!-{ F{ i.a -{ Fl Fl Fl Fl !-l (! N N a,l N N a.,l N N N rn (n .Y, .'lo010) ol 01 (r1 (tl 0l or oi (l1 otqrqioororqiogrqlql qr 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 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES JULY 20, 2021 CALL TO ORDER: Vice Chairman von Oven called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Laura Skistad, Eric Noyes, Mark von Oven, Erik Johnson, Doug Reeder, and Kelsey Alto MEMBERS ABSENT: Steven Weick STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; George Bender, Assistant City Engineer; Erik Henrickson, Project Engineer. PUBLIC PRESENT: Robert Boecker 610 W. 96th Street Gary & Lane Burdick 731 W. 96th Street Dr. Carissa Haverly 750 W. 96th Street Roger & Kim Lee 600 W. 96th Street Elaine & Johnnie Meyering 1050 Homestead Lane Andrew Riegert 620 W. 96th Street Martin Schutrop, Schutrop Building & Dev. Corp. 540 Lakota Lane, Chaska Chairman von Oven reviewed guidelines for conducting the Planning Commission meeting. Vice Chair von Oven stated both Public Hearings will go before the City Council on Monday, August 9, 2021. PUBLIC HEARING: CONSIDER A REQUEST TO REZONE PROPERTY FROM AGRICULTURAL ESTATE DISTRICT (A2) TO SINGLE-FAMILY RESIDENTIAL (RSF) AND SUBDIVISION OF PROPERTY INTO 21 SINGLE-FAMILY LOTS WITH VARIANCES AT 775 96TH STREET W. Senior Planner Generous presented the staff report on this item, noting the applicant is requesting the rezoning of the property, which would be consistent with the Comprehensive Plan and subdivision approval to create 21 single-family lots and several outlots with dedication of public right-of-way. The property is zoned Agricultural Estate District (A2) which is really a holding district in the community and is guided for residential low-density uses which permits densities of 1.2 to 4 units/acre. The proposed density of the part they are platting with the first phase would be 1.69 units/acre and is within the density range permitted by the Comprehensive Plan. There is a large wetland complex on the eastern portion of the property and a portion of the site is heavily wooded; the applicant has allowed the neighbors to use the wooded area as a walking area and permitted horse trails. Mr. Generous noted the RSF district is consistent with the Planning Commission Minutes – July 20, 2021 2 Comprehensive Plan and looked at other districts but none were really appropriate. Staff is in support of rezoning to RSF which is consistent with the land use and is also one of the most common for single-family homes in Chanhassen. The subdivision would create 21 single-family homes on the eastern part of the subdivision and replat the farm site; access would be via public streets from Eagle Ridge Road to the north and 96th Street to the south. City sewer and water would be extended into the project and would move the current lift station on the north side of the project to the very south side of the project and it will be sized sufficiently to handle additional sanitary sewer. As part of the development, the applicant is also providing stormwater treatment. As part of the first phase of development, there is not a lot of tree preservation as there is a huge knoll (shown onscreen) and to bring it down and make it suitable for development they will have to do quite a bit of grading so that entire area will be disturbed. Mr. Generous also noted another area to be disturbed to provide stormwater ponding. There is a significant amount of tree replacement that needs to be done and current analysis says that is 273 trees. Project Engineer, Erik Henricksen, presented and noted staff conducted a review of the grading and drainage plan and found that it is in general conformance with ordinances and standards. There are a few areas that would be “Do Not Disturb” areas, one being on Outlot A, a small portion on Lot 10, Block 1, to save an old, very significant oak tree, and some other preserved areas. Grading is proposed on Outlot E and the City is working with the developer’s engineers to see an exhibit of the ultimate build-out and grading plan for the area to be sure there is no adverse drainage impacts to the lots located on Block 2. Earlier this year, the property was issued grading Interim Use Permit #2021-03 for the dredging of a wetland north of the proposed development and the applicant is about midway through completion and there is a stockpile of wetland spoils which are not conducive to engineering fill or house pad support and they will want to ensure that is relocated or removed. Mr. Henricksen walked the Commissioners through public sanitary and water mains including 8” sanitary sewer, 12” trunk main, and relocation of an existing temporary lift station. Lift Station #20 at the end of W. 96th Street would be removed and all of the sanitary sewer after W. 96th Street is reconstructed would be accommodated with the oversizing of the new lift station. The applicant has provided preliminary designs for that lift station and it does prove feasible. The City is still working through plans to get a final location for the lift station. Finally, the oversizing of all of the public utilities required would be reimbursed by the City, including the 12” PVC trunk main and the lift station. Mr. Henricksen walked the Commissioners through public storm sewer and said the applicant’s approach to stormwater management is feasible through the use of a baffle, catch basin sumps, and filtration pond. Staff is working with the applicant to find a more ideal access to this public facility as right now it is located in backyards which can sometimes prove difficult to get access to for maintenance dredging. Street connectivity goes from the termination of Eagle Ridge Road with W. 96th Street which was a requirement from Public Works and Fire for emergency vehicle access. The applicant is asking for a variance from the typical street width which is proposed to be 26 feet wide rather than 31 feet wide because it is single loaded with houses on one side and to save additional trees. Staff recommends approval of that with the condition of a sidewalk installed on that portion. A nature trail is proposed with a mid-block crossing and staff is working with the developer to find a different location. Mr. Henricksen walked the Commissioners through potential street collector roads and design alternatives to improve the traffic flow. An ideal water tower location was noted on screen and spoke about as a W. 96th Street improvement tentatively scheduled for 2026. Planning Commission Minutes – July 20, 2021 3 Mr. Generous said there are four variance requests, of which three are from the Zoning ordinance. First, seven lots have less than 90 feet of frontage, however when they go back to the building point they all meet or exceed the 90 foot requirement so staff is in support of that. Second, they are requesting setback variances for Lot 1 which is the most northerly lot and is directly next to the Foxwood development and the front setback would match the smaller setbacks of that development; because it is between the roadway and the wetland they are also requesting a variance from the wetland setback on the back. Eagle Ridge Way is proposed to be a 26-foot wide road and staff is in support of all the variance requests with this development. Staff believes the applicant will be able to preserve wetlands in their current conditions. Staff is recommending approval of the rezoning, approval of the Preliminary Plat with variances for the street width and front yard setback, wetland setback, and street frontages subject to the conditions in the staff report, and adoption of the Findings of Fact and Recommendation. Commissioner Reeder asked the City’s frontage requirement. Mr. Generous replied it is 90 feet. Commissioner Reeder asked how small the lots are that are being asked for variances. Mr. Generous replied the smallest width was approximately 87 feet. He reiterated once they get to the 30-foot setback they meet or exceed the 90 feet of width. Vice Chairman von Oven asked on the proposed width of the street that needs the variance, are there any concerns with fire trucks or ambulances getting through that area? Mr. Henricksen noted there are no concerns from the Fire Department, and Fire Code does state the minimum width for private streets is about 20 feet. There are certain requirements that must be met, Fire performed a review, and there were no flags raised. Public Works and Engineering does not have a concern other than keeping pedestrians on a sidewalk and out of the street. Mr. Generous stated one side of the street will be signed as “no parking.” Vice Chairman von Oven asked to see the slide with concerns about water. He asked if staff could predict what the applicant will come back with for drainage and where the water will go. Mr. Henricksen noted the applicant provided sheets that show the detail of the high point in the back and demonstrated some routes on screen and stated they do want to ensure feasibility and ensure everything has been checked so there are no impacts to the existing lots. Vice Chairman von Oven asked, regarding the oversizing of the lift station, will that choice have any negative impacts on the residents of W. 96th Street, whether it is a temporary shutdown or changeover? Mr. Henricksen stated sewer and water should and will always be provided during construction and reconstruction of the W. 96th Street corridor. The oversizing of the lift station will be Planning Commission Minutes – July 20, 2021 4 oversized and built to accommodate when that construction occurs. He explained more about gravity, current lots, and future lots and the future lift station. Commissioner Reeder asked if there was a tree survey done and if he can see where the trees are currently and where they will be taken down. Mr. Generous explained the trees are all throughout the area. Mr. Henricksen showed a satellite view and explained tree coverage. Commissioner Reeder asked if there will be any trees left in the area they are currently developing. Mr. Generous replied, yes, and pointed out the areas on screen, including a large oak that they want to preserve. Commissioner Alto noted it was mentioned that the rezoning fits into the 2040 Comprehensive Plan and asked how many other areas there are in Chanhassen that could be up for development for that plan. Mr. Generous stated Residential Low Density (RLM) is the largest land use; west of Highway 101 is guided for RLM as well so once sewer and water becomes available they could redevelop. Commissioner Alto said it looks like the W. 96th Street neighborhood is older than Eagle Ridge. She asked if the developer knew the price point of the proposed development versus the price point of the houses below and above. Mr. Generous believes the same developer that did Foxwood is interested in this and the applicant could speak about that. A representative from Black Cherry Development, Tim Erhart, approached the podium and said he and his wife bought the property when they moved to Chanhassen in 1980 and moved onto the old farm site and rebuilt the house. He got into the hobby of growing, cultivating, and straightening trees, and building trails; they also built or restored seven ponds on the property and it has been a beautiful and fun nature project. He wants to see it properly incorporated into the enclave of south Chanhassen with trails and further pond development. He shared the history of how the project came to be and noted two years ago he had no notion of selling any of the land and a friend from Gonyea stated they had excess sewer capacity on the temporary lift station and were out of lots so asked if he would be willing to sell some land. He feels very comfortable about the project as it is today. He pointed out the last wetland that he wanted to restore is about halfway done. He noted, regarding trees, it was submitted that they would clear out all of the trees for the houses and that is not the case. Now that tree preserve will allow individual lot owners to optimize their lot, he believes that will lead to a lot less tree removal than shown on the plan. He loves trees and is working very hard to make it good. Regarding the prices of the homes, he believes other homes in Foxwood are going for $800,000-$950,000 although it is a tough question. Planning Commission Minutes – July 20, 2021 5 Vice Chairman von Oven opened the public hearing. Dr. Carissa Haverly, 750 W. 96th Street, had some concerns. First, she would ask the Planning Commission to understand that hooking up W. 96th Street to Eagle Ridge is because of the Fire Department requirement, but will drastically change the character of the neighborhood and traffic that flows through. It is a tight-knit community and everyone knows one another; she asked that the City be mindful of the decisions they are making and the way it will affect residents. Second, she had a grave concern in being forced to hook up to sewer and water and being charged a hefty assessment fee. She works three part-time jobs, her husband works full- time and part-time and if the City requires them to no longer use their well and sewer, it will cost them a lot of money. She is concerned that there may be others in the neighborhood that also fall into that category. Finally, Dr. Haverly said regarding the reconstruction of W. 96th Street to include sidewalks, her property is one of the end properties on the development and W. 96th Street goes onto her property and uses part of the utility easement. In looking through City Code, Section 18-64 through 18-77, Article 4 describes easements as the front 10 feet of one’s property provided for utilities. Division 5 Section 20-379 defines utilities as sewer, gas, electrical, and water systems but it does not say that the City may use her property for roads and sidewalks. She then did a search on eminent domain and could not find it. She wonders what recourse the City has for using her property for this street and sidewalks and every single resident will be giving up a hunk of their front yards in order to accommodate this, which is eminent domain and requires some fiscal compensation. Vice Chairman von Oven noted she keeps referring to 76th Street and he does not know what that is. Dr. Haverly replied she is nervous and she meant W. 96th Street. She asked to show the ghost plat of the subdivision and pointed out her property and utility easement; this does infringe on her property and they can definitely come to some kind of agreement or conclusion. Elaine Meyering, 1050 Homestead Lane, saw on the map that they are proposing a road through their cul-de-sac and stated they are against that and do not want that to go through. She noted on the map showing the future that a road may go through the cul-de-sac on Homestead Lane and on Flintlock Trail for future development of the area. If that happens, she wonders when and if they would be assessed fees for City sewer and water, as well as curb and gutter. She also asked if the properties would stay the way they are on Homestead Lane or rezoned into smaller lots. Commissioner Noyes asked to clarify in extending W. 96th Street to the west it appears that would potentially connect with Flintlock Trails and Homestead Lane both coming in from the south. Ms. Meyering replied yes. When looking at the map A, B, C, D, she asked if those are water towers. Mr. Henricksen said from the 2040 Comprehensive Plan this property was analyzed to have a water tower on it at some location and the developer’s engineer has provided three locations that Planning Commission Minutes – July 20, 2021 6 would meet the requirements. There will not be a need to install three water towers but there are three possible locations identified. He showed the most ideal location from staff’s point of view. Ms. Aanenson, Community Development Director, noted one of the first things staff does is to show a potential alignment for the street because it is in the Comprehensive Plan that the street must connect. The intention here is that it is transparent that there is a potential for connection. Will it happen? They will have to decide as the rest of the street comes in, and they know there is a potential for water sites so people can plan for that in the future. It is not the City’s intention to rezone the property on W. 96th Street nor to rezone the property south. The goal in moving forward is as systems fail (septic and sewer) there is another alternative to provide for those houses, as there have been situations where systems fail and people cannot sell their home. They are always planning for other options but does not mean that it has to go through at that time; they are saying there are options to provide sewer and water access to those and some of those decisions are also made by the Fire Department. She clarified today they are looking at this project to show what could happen over there. Kim Lee, 600 W. 96th Street, noted four bullet points on a document, regarding construction traffic on W. 96th Street. Included is further deterioration of the road, and she noted they would like to maintain the current cul-de-sac with no through traffic. The proposed construction access from Powers Boulevard in line with the current ghost plat, they know the construction is not just the first 21 houses but will eventually extend and all of that traffic will go on for 3-5 years as this is not something short-lived. If it was at least looked at through Powers, there is no one there, and then W. 96th Street won’t be affected until possibly 2026. She noted they know it is eventually coming, but none of those homes would be interrupted until that time. Chairman von Oven closed the public hearing. Commissioner Alto asked if it is determined that all construction traffic would enter through W. 96th Street or would it be split between Eagle Ridge. Mr. Henricksen replied ideally it would be split. It is not atypical for public right-of-ways to be used for construction access when they see developments extending from existing right-of-ways. Through construction planning to have two routes and access points to the development would be sought after. With W. 96th Street being slated for reconstruction in the future, it is an ideal location to have construction traffic. Commissioner Alto asked if it is possible to ask the developer to use the Powers connection as a construction road. Mr. Henricksen noted they looked at that possibility but found it infeasible with the proposed development and not necessarily prudent or reasonable. Commissioner Reeder asked what made it infeasible. Mr. Henricksen replied it comes into construction means and methods in looking at getting a delivery when there is a road that is unplatted and does not have addresses. Planning Commission Minutes – July 20, 2021 7 Assistant City Engineer, George Bender stated it is someone’s property and to make the requirement – rather than request – as a condition of the development goes to the reasonability of the request. Commissioner Noyes asked if the western part was being developed now, would the access come down W. 96th Street for construction? Mr. Henricksen replied no. It would come off Powers Boulevard. He noted reconstruction of W. 96th Street is highly contingent on the future developments. Mr. Generous clarified the westernmost portion is guided for office development; it is really market-driven and if someone wanted to come in and do that they would probably require making the connection from Powers Boulevard. He clarified there is a large ridge right there that will have to come down to meet the 7% slope requirements of the City. Commissioner Skistad asked if W. 96th Street is currently a mound and well system for sewer and water. Mr. Generous clarified they have sewer connection, but not everyone has water. Mr. Henricksen replied they have tanks in their backyard which then flow to the gravity system in W. 96th and then goes to Lift Station 20 and gets pumped across Highway 101 to another gravity system. It would be ideal to have a normal sewer pipe there as the tanks are an area of Infiltration and Inflow (I and I) so they are seeing surface water and ground water leeching into the sanitary system. It is an issue the City is dealing with as a whole but W. 96th Street has exhibited a higher I and I than normal and it is believed to be tied to the tank system tied in there. Commissioner Reeder asked what the policy is if and when they put that pipe in. Do they require a hook-up? Mr. Generous replied if one is within 150 feet of the sewer line, they are required to connect. A well may be maintained until it fails and then one cannot drill a new well but would have to connect. Mr. Henricksen believes the 150-foot requirement is also linked to new construction. Vice Chairman von Oven noted this Commission has approved two variances in the last six months in his neighborhood which has resulted in a ton of construction traffic and drives him nuts. However, it was the right thing to do because the variances followed the City plan and it is the right of the property owner to do with their property what is allowed by the City. From his point of view, the Commission has a set of plans and variances before it that do not vary widely from what the City expects and that a property owner is not going beyond their rights. He does not see anything on the map that City Code gives reason to say one cannot do that, which is also why he believes staff is recommending approval for City Council. Planning Commission Minutes – July 20, 2021 8 Commissioner Reeder thinks the construction traffic on W. 96th will be outrageous. He has lived with this in the past and he thinks it will be a large problem for the City for the five years it takes for things to be built. Vice Chairman von Oven does not disagree but he does not feel it is within their rights to force the property owner to go in through Powers. Commissioner Alto moved, Commissioner Johnson seconded that the Chanhassen Planning Commission recommends that the 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 adoption of the Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 6 to 0. PUBLIC HEARING: CONSIDER A REQUEST TO REZONE PROPERTY FROM AGRICULTURAL ESTATE DISTRICT (A2) TO SINGLE-FAMILY 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 Mr. Generous presented the staff report and said Planning Case #2021-15 is a rezoning and subdivision approval to create two lots, one for the existing home and the other for a new building site. The approval comes with variance requests for a private street, as currently the lot is accessed via a private street and they would extend that to serve the two lots. There is also a request to have less than a 20-foot wide private street because of retaining walls on site in the wetland. The site is guided for residential low density which permits densities of 1.2 to 4 units/acre. Sewer and water are stubbed to the end of the private street but are not connected to the homes. There are wetlands in the northeast and south side of the property. Mr. Generous spoke about utilities and tree removal. Mr. Henricksen reported there are no public utilities or street connections. As presented and shown, the grading plan is feasible and meets the ordinances. Construction plans will require some updates and will be reviewed during the building permit process. Mr. Generous stated City Code permits the use of private streets for up to four single-family homes. He advised the applicant that they need the Fire Marshal to sign off on the variance for design standards for a private street. The applicant is proposing to use wetland buffering which the Watershed District must approve. Staff is recommending approval of the rezoning and the subdivision with the variance for the private street and private street width subject to the conditions of the staff report and adoption of the Findings of Fact and Recommendation. Commissioner Skistad asked how long the private road would be. Planning Commission Minutes – July 20, 2021 9 Mr. Generous replied about 200-300 feet. Commissioner Alto asked if the trail across Highway 101 that plans to connect to Bandimere Park will be constructed. Mr. Generous replied not as part of this development. Currently, there is an underpass under Highway 101 and they would be looking for the connection in the future. Commissioner Noyes asked if that connection is in an easement or on an outlot that the City would own. Mr. Generous noted that is up to the developer. The City would prefer it as an outlot that the City would own, but if the developer wanted to keep it, then they could and place a drainage, utility, and trail easement for a future trail alignment. The Council discussed trail crossings and their preference is not to have trail crossings mid- block. Mr. Henricksen noted the newly formed Traffic Safety Committee developed earlier this year is developing a safe crosswalk policy which deals directly with mid-block crossings to have certain criteria for when and if they are installed and what type of improvement. Martin Schutrop, Schutrop Building, noted there will be a shared agreement on the driveway for maintenance and plowing. The current house has already been sold and will be remodeled and updated. Vice Chairman von Oven opened the public hearing. Vice Chairman von Oven closed the public hearing. Commissioner Noyes moved, Commissioner Skistad seconded that the Chanhassen Planning Commission recommend that the City Council approve the rezoning from Agricultural Estate District (A2) to Single-Family Residential District (RSF), 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 adoption of Findings of Fact and Decision. All voted in favor and the motion carried unanimously with a vote of 6 to 0. APPROVAL OF MINUTES: Commissioner Noyes noted the minutes of the Planning Commission meeting dated July 6, 2021 as presented. ADMINISTRATIVE PRESENTATIONS: Ms. Aanenson presented highlights of action taken by the City Council on planning matters. At the last Council meeting, the Avienda Final Plat was approved, and there was a Metes and Bounds subdivision for a salon. Regarding the interim use for the driving range, the City sent out Planning Commission Minutes – July 20, 2021 10 for jurisdictional review and received a response from the DNR that they had no comments from the Biology and Wildlife person. During the City Council meeting out of the blue, someone from the DNR Wildlife got up and noted he had no problems and had met with the applicant the previous Friday. The City sent a letter that it would have been nice if they had communicated that with them. ADJOURNMENT: Commissioner Noyes moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 6 to 0. The Planning Commission meeting was adjourned at 8:46 p.m. Submitted by Kate Aanenson Community Development Director