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PC Staff Report 3-21-06 ~ ~ u ~ ~ ~ ~ < < ~ < ~ ~ ~ ~ 00 PC DATE: March 21, 2006 IT] CC DATE: April 10, 2006 CITY OF CHANHASSEN REVIEW DEADLINE: May 8, 2006 CASE #: 05-24 BY: AF, RG, LH, ML, JS, ST STAFF REPORT PROPOSAL: Request for Rezoning of property from A-2 to PUD-R; Subdivision of approximately 36.01 acres into 29 lots, 5 outlots, and public right-of-way; Site Plan Approval for 146 townhouses; Conditional Use Permit for alterations within the flood plain and development within the Bluff Creek Overlay District - LIBERTY AT CREEKSIDE. LOCATION: East of Audubon Road, north of Pioneer Trail and northwest of future Highway 312 (1500 Pioneer Trail) APPLICANT: o!~ Town & Country Homes 7615 Smetana Lane, Suite 180 Eden Prairie, MN 55344 (952) 944-3455 PRESENT ZONING: Agricultural Estate District, A2 2020 LAND USE PLAN: Residential- Medium Density (net density range 4.0 - 8.0 units/acre) ACREAGE: 36.01 gross acres 30.09 net acres DENSITY: 4.05 units/acre gross; 4.78 units/acre net SUMMARY OF REQUEST: The applicant is requesting a rezoning to PUD, subdivision and site plan approval to build 146 town homes with a conditional use permit for development within the Bluff Creek Overlay District as well as grading within the floodplain. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings, PUD's, and amendments to PUD's because the City is acting in its legislative or policy making capacity. A rezoning or PUD, and amendment thereto, 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 site plan is limited to whether or not the proposed project complies with Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. This is a quasi-judicial decision. The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi judicial decision. Location Map Liberty at Creekside Planning Case No. 05-24 1500 Pioneer Trail City of Chanhassen .:;./ ~ o a:: c: o I .g "'0 :J <( rr.;J~'(."'O~ Liberty at Creekside March 21, 2006 Page 2 of 23 PROPOSAL~~ARY The developer is requesting the rezoning of property from Agricultural Estate District, A-2, to Planned Unit Development - Residential, PUD-R, to permit a 146-unit townhouse development on land guided for residential- medium density uses (net density range 4.0 - 8.0 units per acre); a subdivision of approximately 36.01 acres into 29 lots, 3 outlots, and public right-of-way; site plan approval for 146 townhouses consisting of 98 Premier units and 48 Concord units; and conditional use permits for alterations within the flood plain and development within the Bluff Creek Overlay District. The site has a high point of 940 elevation located at the north property line. The site has a low point of 866 elevation adjacent to Bluff Creek which separates the northern and southern halves of the property. The land south of Bluff Creek is located entirely with the Bluff Creek Overlay District Primary Corridor and is proposed as an area for wetland mitigation and to be preserved as open space. To the north of the property is a wooded hill on the Fox parcel that is included in the Bluff Creek Primary Corridor which is intended to be preserved. To the northeast is a ponding and wetland mitigation area for MnDOT and the Highway 312 project. To the south is a future developable area that is guided for residential - medium density and office/industrial use. The parcel to the south will gain access via Pioneer Trail. The property to the west is being proposed for an 81-10t single-family subdivision. As part of that development, the Bluff Creek Corridor is also being preserved. The initial access to the site will be from the northwest. This roadway crosses two other parcels and, therefore, must be coordinated with the development of those sites. As part of this development, we are also requiring that the developer establish a second means of access to the site. The most logical location is in the vicinity of the current farm road which runs to the north of the property just on the edge of the wooded hill. The developer will need to coordinate with MnDOT the design of this road. The developer will provide a security for the construction of the road, since it cannot be completed until the Fox parcel to the north develops. At that time, the road will be linked to the 2005 MUSA east-west collector road. The development consists of two housing types: 4 and 6-unit Premiers and 6-unit Concords. Within each housing type are four alternative living configurations. A color and material pallet will be established for each of the 29 buildings. Staff is recommending that Liberty at Creekside be approved. BACKGROUND On December 8,2003, the City approved the 2005 MUSA Alternate Urban Areawide Review (AUAR). This document was intended to review and provide mitigation measures for all development within the 2005 MUSA area. At the time of development review, each property within the 2005 MUSA area is required to reimburse the city for their propositional share, based on the land area, of the costs for completion of the AUAR. This property is responsible for $6,285.00 as its portion of the 2005 AUAR. Liberty at Creekside March 21, 2006 Page 3 of 23 APPLICABLE REGUA TIONS Chapter 18, Subdivisions Chapter 20, Article n, Division 2, Amendments Chapter 20, Article n, Division 6, Site Plan Review Chapter 20, Article IV, Conditional Use Permits Chapter 20, Article V, Floodplain Overlay District Chapter 20, Article VI, Wetland Protection Chapter 20, Article vn, Planned Unit Development District Chapter 20, Article XXTII, Division 9, Design Standards for Multifamily Developments Chapter 20, Article XXXI, Bluff Creek Overlay District REZONING The property is guided in the Comprehensive Plan for Residential - Medium Density as well as parks and open space over the Bluff Creek corridor. Appropriate zonings for this land use designation include Planned Unit Development - Residential (POO-R), Mixed Low Density Residential, if twin homes (R4), Mixed Medium Density Residential (R8) or Low and Medium Density Residential (RLM). The applicant is requesting to rezone approximately 36 acres from A2 to POO-R, Planned Unit Development-R. The project consists of 146 townhouse units in 29 structures. The review criteria are taken from the intent section of the POO Ordinance. Section 20-501. Intent Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the POO in this instance is to permit density clustering for development within the Bluff Creek Overlay District. The use of the POO zoning also allows for an internal transfer of density. 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 other more standard zoning districts. The proposed development provides a compatible development with the surrounding development and preserves the Bluff Creek corridor subject to the recommended modifications to the plan. 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. . The city will seek opportunities to provide transitions between different uses of different types. . Development should be phased in accordance with the ability of the city to provide services. Liberty at Creekside March 21, 2006 Page 4 of 23 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. . Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. Staff is proposing the following development standards govern the development of the property. DEVELOPMENT DESIGN STANDARDS Liberty at Creekside Development Standards a. Intent The purpose of this zone is to create a PUD for a townhouse development. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. Ancillary uses may be permitted as listed below once a primary use has occupied the site. b. Permitted Uses The permitted uses in this zone shall be limited to townhouses and their ancillary uses. If there is a question as to whether or not a use meets the definition, the Planning Director shall make that interpretation. The type of uses to be provided on common area Outlots shall be low intensity neighborhood oriented accessory structures to meet daily needs of residents. Such uses may include bus shelter, development signage, garden, gazebo, maintenance shed, picnic shelter or playground equipment. c. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Setback Standards Highway 212 50 feet Exterior (Perimeter) Lot Lines 50 feet Front Yard 10 feet Side Yard (end units) 10 feet # Rear Yard 10 feet # Minimum Driveway length (to back of curb, trail or sidewalk) 20 feet Hard Surface Coverage 30 % * Wetland: Buffer and buffer setback 16.5 feet and 40 feet Bluff Creek Primary zone boundary 40 feet with the first 20 feet as buffer Liberty at Creekside March 21, 2006 Page 5 of 23 # Decks, patios, porches, and stoops may project up to seven (7) feet in to the required yard. * The entire development, including the public and private streets and Outlots, may not exceed 30 percent hard coverage. Individual lots will exceed the 30 percent site coverage. d. Building Materials and Design . Building height shall be limited to 35 feet . Building exterior material shall be a combination of vinyl siding or shake and brick, cut-face block or stone. . No two adjacent structures shall be of the same color scheme. . Colors used shall be varied across color tones. . All units shall utilize minimum timberline 25-year shingles. . Each unit shall have a minimum of one overstory tree within its front landscape yard. . All mechanical equipment shall be screened with material compatible to the building, landscaping or decorative fencing. . Garage doors shall be decorative and have windows. SUBDIVISION REVIEW The applicant is proposing a 29-lot subdivision with two common lots. Because this project is a PUD, there is not a minimum lot area. The overriding restriction is that the development complies with the density requirement of the comprehensive plan (4.0 - 8.0 units per acre), which it does at 5.21 units per acre. This plat configuration creates condominium units of each building. However, the applicant may final plat the lots for individual units rather than by structures, creating up to 146 lots. Preliminary discussions with the developer indicate that they may create individual lots for units in the Premier buildings. Staff is recommending that the common lots be platted as separate outlots and that the Bluff Creek Primary corridor south of the buildings be made in to a separate outlot. BLUFF CREEK OVERLAY DISTRICT The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of careful site design and other low-impact practices. This parcel is partially encumbered by the Bluff Creek Overlay District. Bluff Creek runs through the southern third of this property. All structures must maintain a minimum 40-foot setback from the primary corridor. No alterations are allowed within the primary corridor or within the first 20 feet of the setback from the primary corridor. The area within the Bluff Creek Overlay District south of Bluff Creek has been historically used for agricultural purposes. The applicant should submit a plan for the revegetation of this area that incorporates native plants and is consistent with the City's Bluff Creek Natural Resources Management Plan Appendix C. Special attention should be paid to areas with steep slopes (greater than 3:1). Liberty at Creekside March 21, 2006 Page 6 of 23 FLOODPLAIN Alterations appear to be proposed within a mapped FEMA unnumbered A Zone (IOO-year floodplain). In lieu of a Letter of Map Amendment, LOMA, the applicant will be required to obtain a conditional use permit for alterations within the floodplain. GRADING, DRAINAGE AND EROSION CONTROL Bluff Creek runs through the southwest comer of the 36-acre site. Trees are along the north and south sides of the creek. The area lying south of the creek contains some steep slopes and wetland areas on the west and east side. The northern quarter of the property is a steep, vegetated area. The remainder of the property is a vegetated area with gentle slopes. The property lies within the 2005 MUSA Expansion study area. Kimley-Horn completed a study on the 2005 MUSA area which included street system analysis and proposed trunk utility alignments. Access to the proposed development will be from a local street that will extend the east-west collector identified in the report. The northern portion of this street lies outside of the plat boundary; therefore, the developer must coordinate the location and elevation of the western street connection with the Pioneer Pass development to the west. The developer proposes to develop the area north of the creek. Due to the 70-foot drop in elevation from the northern plat boundary to the edge of the Bluff Creek Overlay District Line, the entire area north of the Overlay District Line will be mass graded, with the exception of the portion of the property in the extreme northwest comer of the site. The proposed grading plan identifies a storm water pond on the east side of the property, berms in the southeast comer and retaining walls at the north property line (two-tiered), within Common Lot 18, Block 2 (a portion of which is two-tiered), south of Street A, north of Lot 12, Block 1, and south of Lots 5 and 6, Block 1. Staff will work with the developer's engineer to limit the number and height of retaining walls within the site. The grading plan must show the proposed top and bottom of wall elevations for all retaining walls. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Structural Engineer registered in the State of Minnesota. The developer proposes to install storm sewer throughout the site to convey runoff from the development to the proposed pond. Staff will review hydrology calculations prior to final plat approval. The style of home and lowest floor elevation must be noted on the grading plan. Typical sections for each housing style must be shown on the final grading plan. The final grading plan must be 50 scale so that staff can complete a full review of the proposed grading. Bluff Creek runs through the southern third of this property. Protection of Bluff Creek from erosion and sediment discharge during all phases of construction is essential. Liberty at Creekside March 21, 2006 Page 7 of 23 STORM WATER POLLUTION PREVENTION PLAN A storm water pollution prevention plan (SWPPP) is needed for the development and must be completed prior to applying for the National Pollutant Discharge Elimination System permit. It is recommended the SWPPP be submitted to the City and the Carver Soil and Water Conservation District (CSWCD) for review prior to final approval. Erosion Control A stable emergency overflow (BOF) is needed for the proposed pond. The EOF could consist of riprap and geotextile fabric or a turf re-enforcement mat (a permanent erosion control blanket). A typical detail should be included the plan. It is unclear how the contractor will gain access to and between wetland mitigation areas. A temporary creek crossing may be needed unless access can be gained from the west or south. The plans should show paths of access to both wetland mitigation areas as well as all erosion controls and restoration practices. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Type of Slope Steeper than 3:1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as needed. Sediment Control Curbside inlet control details are needed. Wimco-type inlet controls should be used and installed within 24 hours of installation. Typical building lot controls should be shown on the plan. These controls should include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the certificates of occupancy. The proposed storm water pond should be used as a temporary sediment basin during mass grading. The pond should be excavated prior to disturbing up gradient areas. Diversion berms or ditches may be needed to divert water to the pond and a temporary pond outlet is needed. The outlet could be a temporary perforated standpipe and rock cone. A detail is needed for the Liberty at Creekside March 21, 2006 Page 8 of 23 temporary pond outlet. Additional temporary sediment basins may be needed or an alternate location may be needed depending upon site conditions during rough grading. Storm Water Management It is recommended that the ultimate outlet from the site to Bluff Creek be adjusted to discharge water parallel to the creek flow; presently the outlet is shown to discharge water perpendicular to the flow and could increase bank erosion of the creek. The outlet should be turned to the southeast to align with the creek. Drainage and utility easements (minimum 20 feet in width) should be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. An easement adequate to provide access to the pond for maintenance purposes is needed and should be shown on the plan. SURFACE WATER MANAGEMENT FEES Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on townhome development rates of $3,100/acre. Based on the proposed developed area of approximately 35.58 acres, the water quality fees associated with this project are $110,298. Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average citywide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Medium density residential developments have a connection charge of $4,400 per developable acre. This results in a water quantity fee of approximately $156,552 for the proposed development. SWMP Credits This project proposes the construction of one NURP pond. The applicant will be credited for water quality where NURP basins are provided to treat runoff from the site. This will be determined upon review of the ponding and storm sewer calculations. Credits may also be applied to the applicant's SWMP fees for oversizing in accordance with the SWMP or the provision of outlet structures. No credit will be given for temporary pond areas. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $266,850. Other Agencies The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Liberty at Creekside March 21, 2006 Page 9 of 23 Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Health, Minnesota Department of Transportation) and comply with their conditions of approval. WETLANDS Existing Wetlands Two AglUrban wetlands exist on site. Westwood Professional Services, Inc. delineated the wetlands in May 2004. Wetland A is a Type 2/3 wetland located in the southwest comer ofthe property. The wetland is dominated by reed canary grass. No wetland impact is proposed. Wetland B is a Type 1/2 wetland adjacent to Bluff Creek that runs through the southern half of the property. The wetland is dominated by reed canary grass and box elder. No wetland impact is proposed. On May 12, 2004, City staff conducted an on-site review of the wetland delineation. The wetland boundary shown on the plans is consistent with staff recommendation. Wetland Creation Plans for Liberty on Bluff Creek, a nearby project proposed by the applicant for this project, rely upon the construction of two wetland mitigation areas on this site. The wetland mitigation for Liberty on Bluff Creek must be constructed prior to or concurrent with wetland impacts on the Liberty on Bluff Creek project. Wetland replacement must occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420) and the conditions of the Wetland Alteration Permit for Liberty on Bluff Creek. Wetland buffers 16.5 to 20 feet in width (with a minimum average of 16.5 feet) must be maintained around Wetlands A and B and the constructed wetland mitigation areas. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. All structures shall maintain a minimum 40-foot setback from the edge of the wetland buffer. Wetland Issues The applicant has proposed a secondary access through the MnDOT Right-Of-Way (ROW) to the north in the northeast portion of the property. This connection will impact the wetland mitigation that MnDOT intends to create within their ROW in this area, especially the mitigation of Type 7 wetlands. The applicant will be responsible for creating or securing sufficient wetland mitigation for MnDOT that will meet all conditions imposed on MnDOT and will be responsible for any and all fees associated with the redesign of the wetland mitigation areas in MnDOT ROW. The applicant should work closely with the City and MnDOT to ensure all conditions are met. Liberty at Creekside March 21, 2006 Page 10 of 23 BLUFFS Several areas on the property have been identified as areas with steep slopes (slopes greater than or equal to 30%). The plans should be revised to show bluff areas (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe). All bluff areas must be preserved. In addition, all structures must maintain a minimum 30-foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluft). LANDSCAPING AND TREE PRESERVATION Tree canopy coverage and preservation calculations for the Liberty at Creekside development are as follows: Total upland area (excluding wetlands and bluffs) Total canopy area (excluding wetlands and bluffs) Baseline canopy coverage Minimum canopy coverage allowed Proposed tree preservation 30.87 acres 5.40 acres 17.5 % 20 % or 6.2 acres 14.2% or 4.39 acres Developer does not meet minimum canopy coverage allowed; therefore the difference is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage (5.4-4.39) 1.01 acres Multiplier 1.2 Total replacement area 1.21 acre or 52,795 SF Total number of trees to be planted 48 trees Replacement required to meet 20 % cover 32 trees (6.2-5.4)/1089 SF) A total of 80 trees are required for reforestation in the development. Applicant is proposing a total of 260 trees as a part of the landscaping plan. Additional landscaping required for the development includes buffer yard plantings along the east property line. The following table summarizes the minimum requirements: Required Proposed East property line - 4 overs tory 13 overstory bufferyard B, 495' 8 understory 21 understory 30' width 12 shrubs 32 shrubs East property line - 14 overs tory 14 overs tory bufferyard B, 707' 28 understory 28 understory 15' width 42 shrubs 42 shrubs Applicant meets minimum requirements for the bufferyard landscaping. Liberty at Creekside March 21, 2006 Page 11 of 23 Additional comments concerning landscaping and tree preservation include the need to extend fencing around the entire wetland mitigation areas that will be constructed on the south side. This fencing will protect the adjacent wooded areas. Fencing shall also be installed on either side of a single designated access road connecting the two mitigation areas so that during the construction of the ponds disturbance to the existing wetland is kept to one access road. The applicant will implement a restoration plan for the Bluff Creek Overlay District. The plan previously submitted to city staff for approval, dated 9/29/05 and titled 'Preliminary Offsite Upland Planting Plan' includes 75 bare-root trees including basswood, sugar maple, and red oak and MNDOT seed mixes 325 and 350. All trees shall be installed with tree tubes and mesh covers and mulched. The applicant shall submit full-sized plans with the final plat. UTILITIES Trunk sanitary sewer and watermain to serve the proposed development will be constructed with the 2005 MUSA Expansion Improvements, City Project 04-05. The proposed lateral watermain and sanitary sewer within the site cannot be extended until the trunk utilities have been installed. Lateral watermain will be stubbed to the northern stub of Street B and will be extended to the north when the Fox property develops. Each new lot is subject to the sanitary sewer and water hookup charges and the SAC charge at the time of building permit. The 2006 trunk hookup charge is $1,575.00/unit for sanitary sewer and $4,078.00/unit for watermain. The SAC charge is $1,625.00/unit. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. STREETS The site plan identifies two road connections to the development: one from the Pioneer Pass property to the west and one from the Fox property to the north. The developer's engineer must coordinate the site design for Liberty at Creekside with the preliminary design of Pioneer Pass, as shown on the drawings. Staff does not support the northern street connection to the Fox property. This access must be shifted to the east to the MNDOT right-of-way parcel and shall extend to the north property line of the MNDOT right of way parcel. The developer proposes to construct the following public streets: . Street A, an east-west, 31-foot wide local street within a 60-foot wide right-of-way, and . Street B, a north-south, 31-foot wide local street within a 60-foot wide right-of-way. The site plan includes a 24-foot wide private street to serve Lots 5-10, Block 1. A 31-foot wide private cu-de-sac is proposed to serve Lots 1-9, Block 2. The proposed private cul-de-sac will be 91 feet in diameter, which meets the City's minimum standard for a cul-de-sac. The proposed private cul-de-sac is 500 feet long, which meets the ordinance requirements. Liberty at Creekside March 21, 2006 Page 12 of 23 Private stub streets will be constructed to serve Lots 10-17, Block 2. The developer has indicated that Lots 13 and 14 will be reoriented so that the front of the units will face north and south. The final plans must show the new orientation. The developer proposes to construct five-foot wide concrete sidewalks on the north side of Street A and the west side of Street B. A lO-foot wide bituminous trail will be constructed along the north side of the creek. The site plan and final grading plan must identify this trail. PARKS AND RECREATION Parks The proposed Liberty at Creekside subdivision is located within the 2005 MUSA area at the edge of Bluff Creek and is proposed to be developed into 146 residential town homes. The city's Comprehensive Park Plan calls for one acre of usable park space to be set aside for every 75 residents. Liberty at Creekside, as proposed, will result in an estimated 292 new residents moving into Chanhassen. Therefore, this subdivision generates the need for 3.89 acres of new parkland. However, the Comprehensive Plan also recognizes that building a small park in every residential subdivision is undesirable and would result in an unmanageable municipal park system. To this end, the plan calls for neighborhood parks to be centrally located within housing regions with a maximum distance of one mile between neighborhood parks. This pooling of resources and land in order to centrally locate parks in specific park service areas results in the efficient use of limited capital and long-term maintenance dollars. In the case of the Liberty at Creekside proposal, the City is planning to provide neighborhood park amenities at a location approximately one-half mile to the west and south. Therefore, the City will be seeking park fees in lieu of land dedication as a condition of this subdivision. Trails A variety of pedestrian improvements should be incorporated into the proposed Liberty at Creekside plat. Foremost is a ten-foot wide asphalt trail to be constructed adjacent to and paralleling the Bluff Creek Corridor. This important trail will need to be constructed on the north side of Bluff Creek at this location. This trail is currently not reflected in the plans submitted by the applicant. A rough sketch depicting the alignment for the creek trail was faxed to the applicant on February 9,2006. Below is the applicant's preferred alignment. Additional pedestrian trails, sidewalks, and trail connectors also need to be incorporated into the project as required, including a sidewalk connection through the end of private street B. Design, engineering, installation and testing costs associated with these pedestrian improvements are the responsibility of the applicant. The city will reimburse the applicant for the cost of construction materials only for the ten-foot wide Bluff Creek Trail. This reimbursement payment shall be made upon completion and acceptance of the Bluff Creek Trail and receipt of an invoice documenting the actual costs for the construction materials utilized in construction of this trail segment. Liberty at Creekside March 21, 2006 Page 13 of 23 Preferred Trail Alignment LOT INFORMA TION TABLE Area (sq. ft.) Width (ft.) Depth (ft.) Housin~ Type Ll Bl 10,811 130 85 Premier 4-unit L2Bl 10,958 132 86 Premier 4-unit L3 Bl 11,263 136 88 Premier 4-unit UBI 10,623 124 86 Premier 4-unit L5 Bl 10,624 126 85 Premier 4-unit L6Bl 10,447 126 85 Premier 4-unit L7Bl 10,577 120 83 Premier 4-unit L8 Bl 14,365 173 83 Premier 6-unit L9Bl 13,458 130 85 Premier 4-unit LlO Bl 13,126 132 85 Premier 4-unit Lll Bl 14,568 176 83 Premier 6-unit L12 Bl 14,484 175 83 Premier 6-unit Common Lot 13 853,879 (19.6 ac.) Ll B2 10,306 124 83 Premier 4-unit L2B2 14,709 152 84 Premier 6-unit L3B2 14,919 180 83 Premier 6-unit UB2 10,382 118 83 Premier 4-unit L5B2 10,647 122 88 Premier 4-unit L6B2 11,869 147 88 Premier 4-unit L7B2 14,526 185 83 Premier 6-unit L8B2 14,448 154 84 Premier 6-unit Liberty at Creekside March 21, 2006 Page 14 of 23 Area (SQ. ft.) Width (ft.) Depth (ft.) Housin2 Type L9B2 10,968 132 83 Premier 4-unit LlO B2 10,821 173 63 Concord 6-unit Lll B2 10,821 173 63 Concord 6-unit L12 B2 10,821 173 63 Concord 6 L13 B2 10,821 173 63 Concord 6 L14 B2 10,821 173 63 Concord 6 L15 B2 10,821 173 63 Concord 6 L16 B2 10,821 173 63 Concord 6 L17 B2 10,821 173 63 Concord 6 Common Lot 18 220,278 (5.06 ac.) Outlot A 18,814 (0.43 ac.) ROW 106,286 (2.44 ac.) Total 1,568,596 (36.01 ac.) GENERAL SITE PLAN/ARCHITECTURE The developer is proposing two housing products: Concord and Premier. The Concord product comes in four housing types ranging in size from 1,675 to 2,365 square feet. Each building consists of six units. The Concord is proposed as a lookout structure. Each unit has a two-car, rear-loaded garage. Each unit has a front stoop connected to a sidewalk system. There are eight Concord Buildings being proposed. The Premier product also comes in four housing types each with three levels of living area and ranging in size from 1,550 to 1,795 square feet. Buildings come in four and six-unit configurations. The Premier is proposed as either a full basement or walkout structure. There are a total of 21 Premier Buildings being proposed - 14 four-unit and 7 six-unit structures. Sec. 20-1088. Architectural style. . Architectural style shall not be restricted. Evaluation of the appearance of a project shall be based on the quality of its design and in relationship to its surroundings, guided by the provisions of this section. Site characteristics to be evaluated for this purpose include building and landscaping, colors, textures, shapes, massing of rhythms of building components and detail, height of roof line, setback and orientation. Designs that are incompatible with their surroundings or intentionally bizarre or exotic are not acceptable. . Monotony of design, both within projects and between adjacent projects and its surroundings, is prohibited. Variation in detail, form, and sighting shall provide visual interest. Site characteristics that may be used for this purpose include building and landscaping, colors, textures, shapes, massing of rhythms of building components and detail, height of roof line, setback and orientation. Liberty at Creekside March 21, 2006 Page 15 of 23 . All building shall have a minimum of 20 percent of accent material. Accent material may include brick, stone cut face block or shakes. The use of any EFIS shall not be on the first story of any building or one story in height. Finding: The proposed development has been well sited within the site. It attempts to fit into the environment in which it is located including incorporating the site topography in building layouts, terracing down to Bluff Creek. The buildings offer much variety including colors, finishes, roof lines and materials. The buildings are oriented in multiple vectors to provide varying site lines and building elevations. Sec. 20-1089. Land use. All development shall create a unified design of internal order that provides desirable environments for site uses, visitors and the community. The following design elements shall be incorporated into a project: . The project shall create a unique neighborhood identity. . Creation of interconnecting neighborhoods in collaboration with adjoining landowners (street, walkways, preservation of natural features, parks and gathering places). . Each neighborhood has a focal point or gathering place including parks, greens, squares, entrance monuments, historic structures (siloslbams) or public furniture (gazebos, benches, pergolas). Community features may include: landscaping, lighting, benches, tables . Recreation facilities (playgrounds, tot lots, swimming pools and gardens). . Diversity of product type and design to accommodate different age groups and individuals in different socio-economics circumstances. . Broad variety of housing choices--twin homes, row houses, town homes, flats above garages, apartments over shops, garden apartments, senior living opportunities and condominiums. Findings: The project creates its own little unique enclave. Tucked away within the Bluff Creek Corridor with preserved natural areas on its north, south and west, this neighborhood is isolated, yet connected through roads and trails, to the rest of the community. Common areas around private street B and between Lots 6 and 7, Block 2 provide opportunities for focal points or gathering places. There are potentially up to 16 different living area configurations within the project, providing diversity in housing types to accommodate many different individuals. Sec. 20-1090. Curb appeal. To encourage roadway image or curb appeal projects shall create a variety of building orientation along the roadways; attractive streetscape and architectural detail. All projects shall incorporate two or more of the following design elements: . Orientation to the street or access road: · Setbacks · Spacing between buildings and view sheds. Liberty at Creekside March 21, 2006 Page 16 of 23 . Architectural detail/decorative features. · Windows. · Flower boxes. · Porches, balconies, private spaces. · Location and treatment of entryway. · Surface materials, finish and texture. · Roof pitch. · Building height and orientation. . Location of garages. . Landscaping including fencing and berming. . Street lighting. . Screening of parking, especially in apartment and condominium developments. . Variations/differentiations in units including, but not limited to, color, material, articulation etc. Findings: The proposed development has been well sited within the site. It attempts to fit into the environment in which it is located including incorporating the site topography in building layouts, terracing down to Bluff Creek. The buildings offer much variety including colors, finishes, roof lines and materials. The buildings are oriented in multiple vectors to provide varying site lines and building elevations. Sec. 20-1091. Transportation diversity. All developments shall be incorporate multi-modal transportation including two or more of the following elements: . Streets with trails incorporated. . Off road trials and bike paths. . Provisions for mass transit with bus stops and shelters incorporated into the developments. . Sidewalk connecting internal developments. · Undulating sidewalks. Use of pavers or stamped concrete. · On-street parking and use of roundabouts. · Landscaped boulevards or medians. Findings: The proposed development offers two directions of access to the site as well as walking and biking opportunities in both sidewalks and its connection to the Bluff Creek Trail system. Sec. 20-1092. Integration of parks, open space, natural historic or cultural resources. . Integrate nature and wildlife with urban environment. · Trails and sidewalks. · Vistas. · Historic features. . Preservation of natural features that support wildlife and native plants (slopes, trees, wetlands). Liberty at Creekside March 21, 2006 Page 17 of 23 Findings: The proposed development is preserving the Bluff Creek Overlay District in the southern half of the site. In addition, trail connections to the Bluff Creek Trail system are proposed. The units in Lot 14, Block 2, as well as individuals on the sidewalk will have an overlook into the Bluff Creek Corridor. The terracing of the site provides additional opportunities for residents to overlook the Bluff Creek Corridor. RECOMMENDA TION Staff recommends that the Planning Commission adopt the following four motions and adoption of the attached findings of fact and recommendation: A. "The Chanhassen Planning Commission recommends approval of the Rezoning of the property located within the Liberty at Creekside development with the exception of Outlot A and the Bluff Creek Overlay District Primary Zone, from Agricultural Estate District (A-2) to Planned Unit Development - Residential (pUD - R) incorporating the development design standards contained within this staff report." B. "The Chanhassen Planning Commission recommends approval of the Preliminary Plat for Liberty at Creekside, plans prepared by Westwood Professional Services, Inc., dated June 17, . 2005, revised February 3, 2006, subject to the following conditions: 1. The applicant shall prepare a noise analysis for noise that will be generated by traffic on Highway 312. The analysis shall identify appropriate noise mitigation measures to meet noise standards for residential homes. 2. The developer shall provide a design plan that shows the color and architectural detail for each unit on the site for final plat approval. 3. The developer shall pay $6,285.00 as their portion of the 2005 AUAR. 4. The developer shall designate Common Lots 13 and 18 as Outlots. 5. The developer shall establish a separate outlot(s) for the land within the Bluff Creek Overlay District primary zone. 6. Dedication of the Bluff Creek Overlay District primary zone shall be made to the city or a conservation easement shall be established over said outlot(s). 7. The wetland mitigation for Liberty on Bluff Creek shall be constructed prior to or concurrent with wetland impacts on the Liberty on Bluff Creek project. 8. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420) and the conditions of the Wetland Alteration Permit for Liberty on Bluff Creek. Liberty at Creekside March 21, 2006 Page 18 of 23 9. Wetland buffers 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around Wetlands A and B and the constructed wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. All structures shall maintain a minimum 40-foot setback from the edge of the wetland buffer. 10. Due to a secondary access through the MnDOT right-of-way (ROW) to the north in the northeast portion of the property, the applicant will be responsible for creating or securing sufficient wetland mitigation for MnDOT that will meet all conditions imposed on MnDOT and will be responsible for any and all fees associated with the redesign of the wetland mitigation areas in MnDOT ROW. Final plat approval shall not be granted until the wetland mitigation plan has been received and approved by the City and MnDOT. 11. The plans shall be revised to show bluff areas (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe). All bluff areas shall be preserved. In addition, all structures shall maintain a minimum 30-foot setback from the bluff and no grading shall occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). 12. All structures shall maintain a minimum 40-foot setback from the primary corridor. No alterations shall occur within the primary corridor or within the first 20 feet of the setback from the primary corridor. 13. The applicant shall submit a plan for the revegetation of the farmed area south of Bluff Creek that incorporates native plants and is consistent with the City's Bluff Creek Natural Resources Management Plan Appendix C. Special attention shall be paid to areas with steep slopes (greater than 3: 1). 14. Alterations appear to be proposed within a mapped FEMA unnumbered A Zone (lOO-year floodplain). In lieu of a LOMA, the applicant shall obtain a conditional use permit for alterations within the floodplain. 15. A storm water pollution prevention plan (SWPPP) shall be developed for the development and shall be completed prior to applying for the National Pollutant Discharge Elimination System permit. 16. A stable emergency overflow (EOF) shall be provided for the proposed pond. The EOF could consist of riprap and geotextile fabric or a turf re-enforcement mat (a permanent erosion control blanket). A typical detail shall be included the plan. 17. The plans shall show paths of access to both wetland mitigation areas as well as all erosion controls and restoration practices. 18. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All exposed soil areas shall have temporary erosion protection or permanent cover year round, according to the following table of slopes and time frames: Liberty at Creekside March 21, 2006 Page 19 of 23 Type of Slope Steeper than 3: 1 10:1 to 3:1 Flatter than 10: 1 Time 7 days 14 days 21 days (Maximum time an area can remain open when the area is not actively being worked.) These areas include constructed storm water management pond side slopes, and any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. 19. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. 20. The applicant shall provide details for curbside inlet control. Wimco-type inlet controls shall be used and installed within 24 hours of installation. 21. Typical building lot controls shall be shown on the plan. These controls may include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the certificates of occupancy. 22. The proposed storm water pond shall be used as a temporary sediment basin during mass grading. The pond shall be excavated prior to disturbing up gradient areas. Diversion berms or ditches may be needed to divert water to the pond and a temporary pond outlet is needed. The outlet could be a temporary perforated standpipe and rock cone. A detail for the temporary pond outlet shall be included in the plans. Additional temporary sediment basins may be needed or an alternate location may be needed depending upon site conditions during rough grading. 23. The ultimate outlet from the site to Bluff Creek shall be turned to the southeast to align with the creek. 24. Drainage and utility easements (minimum 20 feet in width) should be provided over all existing wetlands, wetland mitigation areas, buffer areas used as PVC and storm water ponds. An easement adequate to provide access to the pond for maintenance purposes is needed and should be shown on the plan. 25. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $266,850. 26. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency (NPDES Phase II Construction Permit), Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Health, Minnesota Department of Transportation) and comply with their conditions of approval. 27. Tree protection fencing shall be installed prior to construction around all areas designated for preservation and/or at the edge of proposed grading limits. Liberty at Creekside March 21, 2006 Page 20 of 23 28. Silt fence or tree protection fencing shall be installed at the edge of grading around both wetland mitigation areas. 29. A fenced access road will lead from the east mitigation area to the west mitigation area. This will be the only access allowed to the western site. Fencing shall be placed on either side of the access lane. After construction, the access lane shall be restored according to the 'Preliminary Offsite Upland Planting Plan'. 30. A walk-through inspection of the silt/tree preservation fence shall be required prior to construction. 31. No burning permits shall be issued for tree removal. All trees removed on site shall be chipped and used on site or hauled off. 32. The applicant shall implement the 'Preliminary Offsite Upland Planting Plan' dated 9/29/05 for restoration within the Bluff Creek Overlay District. 33. The applicant shall submit a full sized 'Preliminary Offsite Upland Planting Plan' with final plat submittal. 34. A turf plan shall be submitted to the city indicating the location of sod and seeding areas. 35. The developer shall pay full park dedication fees at the rate in force upon final plat approval in lieu of parkland dedication. 36. The applicant shall provide all design, engineering, construction and testing services required of the "Bluff Creek Trail." All construction documents shall be delivered to the Park and Recreation Director for approval prior to the initiation of each phase of construction. The trail shall be ten feet in width, surfaced with bituminous material and constructed to meet all City specifications. The applicant shall be reimbursed for the actual cost of construction materials for the Bluff Creek Trail. This reimbursement payment shall be made upon completion and acceptance of the trail and receipt of an invoice documenting the actual costs for the construction materials utilized in its construction. 37. The developer shall provide a sidewalk connection to the Bluff Creek trail through private street B. 38. The developer must coordinate the location and elevation of the western street connection with the Pioneer Pass (Peterson Property) and Degler property developments to the west and northwest. 39. The height and length of retaining walls must be reduced to the maximum extent possible. 40. The top and bottom of wall elevations must be shown on the final grading plan. 41. A building permit is required for any retaining walls four feet high or taller. These walls must be designed by a Structural Engineer registered in the State of Minnesota. Liberty at Creekside March 21, 2006 Page 21 of 23 42. The style of home and lowest floor elevation must be noted on the grading plan. 43. Typical sections for each housing style must be shown on the final grading plan. 44. The final grading plan must be 50 scale so that staff can complete a full review of the proposed grading. 45. The developer must verify the invert elevation of the sanitary sewer connection that will be constructed with the 2005 MUSA Improvement Project. 46. The development may not proceed until the Phase II 2005 MUSA utility extension project has been awarded. 47. Each new lot is subject to the sanitary sewer and water hookup charges and the SAC charge at the time of building permit. The 2006 trunk hookup charge is $1,575.00/unit for sanitary sewer and $4,078.00/unit for watermain. The SAC charge is $1,625.00/unit. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council and are due at the time of building permit issuance. 48. The northern access (currently shown to the Fox property) must be shifted to the east to the MNDOT right-of-way parcel. 49. The Arterial Collector Fee shall be paid with the final plat. The 2006 fee is $2,400/developable acre. 50. The final plans must show the new orientation for Lots 13 and 14, Block 2. 51. The site plan and final grading plan must identify the proposed lO-foot wide bituminous trail. C. "The Chanhassen Planning Commission recommends approval of Site Plan for 146 townhouses, plans prepared by Westwood Professional Services, Inc., dated June 17, 2005, revised February 3, 2006, subject to the following conditions: 1. The developer shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. 2. The developer shall provide a design plan that shows the color and architectural detail for each unit on the site for final plat approval. 3. Walls and projections within 3 feet of property lines are required to be of one-hour fire- resistive construction. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. Liberty at Creekside March 21, 2006 Page 22 of 23 5. No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 6. Temporary street signs shall be installed on street intersections once construction of the new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire code Section 501.4. 7. A fire apparatus access road shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all-weather driving capabilities. Pursuant to Minnesota Fire Code Section 503.2.3. 8. Fire apparatus access road and water supplies for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. 9. A lO-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 10. Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. 11. "No Parking Fire Lane" signs will be required on the private streets. Contact Chanhassen Fire Marshal for exact location of sign. Pursuant to Chanhassen Fire Department/Fire Prevention Policy #06-1991. D. "The Chanhassen Planning Commission recommends approval of Conditional Use Permit for alterations within the flood plain and development within the Bluff Creek Overlay District subject to the following conditions: 1. The applicant shall implement the 'Preliminary Offsite Upland Planting Plan' dated 9/29/05 for restoration within the Bluff Creek Overlay District. 2. The applicant shall submit a full-sized 'Preliminary Offsite Upland Planting Plan' with final plat submittal. 3. The wetland mitigation for Liberty on Bluff Creek shall be constructed prior to or concurrent with wetland impacts on the Liberty on Bluff Creek project. 4. Wetland replacement shall occur in a manner consistent with the Minnesota Wetland Conservation Act (MR 8420) and the conditions of the Wetland Alteration Permit for Liberty on Bluff Creek. Liberty at Creekside March 21, 2006 Page 23 of 23 5. Wetland buffers 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around Wetlands A and B and the constructed wetland mitigation areas. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. All structures shall maintain a minimum 40-foot setback from the edge of the wetland buffer. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Extension Letter from Shawn Siders to Bob Generous dated January 9,2006. 4. Reduced Copy Preliminary Plat. 5. Reduced Copy Site Plan. 6. Concord Collection Product Elements. 7. Concord Elevation. 8. Premier Collection Product Elements. 9. Premier Building Elevations. 10. Revised Preliminary Plat Submission for Liberty at Creekside dated 6/14/05. 11. Northern Street Connection Schematic. 12. Liberty at Creekside Site Section. 13. Letter from Aaron Mlynek, SWCD, to Kate Aanenson dated 2/23/06. 14. Memo from Mark Littfin to Robert Generous dated 2/23/06. 15. Letter from Juanita Voigt, MnDOT, to Bob Generous dated 7/27/05. 16. Public Hearing Notice and Mailing List. g:\plan\2005 planning cases\05-24 liberty at creekside\staff report revised pud.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Town & Country Homes: Rezoning of property from A-2 to PUD-R; Subdivision of approximately 36.01 acres into 29 lots, 5 outlots, and public right-of-way; Site Plan Approval for 146 townhouses; and Conditional Use Permit for alterations within the flood plain and development within the Bluff Creek Overlay District. The property is located east of Audubon Road, north of Pioneer Trail and northwest of future Highway 312 (1500 Pioneer Trail) - LIBERTY AT CREEKSIDE. On March 21, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Town & Country Homes for a townhouse project. The Planning Commission conducted a public hearing on the proposed Planned Unit 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, A2. 2. The property is guided in the Land Use Plan for Residential- Medium Density uses. 3. The legal description ofthe property is: (See attached Exhibit A). 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b) The proposed use is or will be compatible with the present and future land uses of the area. c) The proposed use conforms 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. 1 e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse effects of the proposed subdivision. The seven (7) effects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e. The proposed subdivision will not cause significant adverse environmental damage; f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: (1) Lack of adequate storm water drainage. (2) Lack of adequate roads. (3) Lack of adequate sanitary sewer systems. (4) Lack of adequate off-site public improvements or support systems. 6. When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: a. The proposed development will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare ofthe neighborhood or the city. b. The proposed development will be consistent with the objectives ofthe city's comprehensive plan and this chapter. 2 c. The proposed development will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. The proposed development will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed development will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. The proposed development will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare ofthe community. g. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. The proposed development will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 1. The proposed development will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. J. The proposed development will be aesthetically compatible with the area. k. The proposed development will not depreciate surrounding property values. 1. The proposed development will meet standards prescribed for certain uses as provided in Chapter 20, Articles IV, V and VI of the Chanhassen City Code. 7. Site Plan Review requires that the proposed development: a. Is consistent with the elements and objectives ofthe City's development guides, including the comprehensive plan, official road mapping, and other plans that may be adopted; b. Is consistent with Chapter 20, Article II, Division 6, Site Plan Review of the Chanhassen City Code; c. Preserves the site in its natural state to the extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general appearance of the neighboring developed or developing areas; 3 d. Creates a harmonious relationship of building and open space with natural site features and with existing and future buildings having a visual relationship to the development; e. Creates a functional and harmonious design for structures and site features, with special attention to the following: (1) An internal sense of order for the buildings and use on the site and provision of a desirable environment for occupants, visitors and general community; (2) The amount and location of open space and landscaping; (3) Materials, textures, colors and details of construction as an expression of the design concept and the compatibility of the same with adjacent and neighboring structures and uses; and (4) Vehicular and pedestrian circulation, including walkways, interior drives and parking in terms oflocation and number of access points to the public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic and arrangement and amount of parking. f. Protects adjacent and neighboring properties through reasonable provision for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. 8. The planning report #05-24 dated March 21,2006, prepared by Robert Generous, et aI, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Rezoning of property from Agricultural Estate District, A-2, to Planned Unit Development - Residential, PUD- R; Subdivision of approximately 36.01 acres into 29 lots, 5 outlots, and public right-of-way; Site Plan Approval for 146 townhouses; and Conditional Use Permit for alterations within the flood plain and development within the Bluff Creek Overlay District. ADOPTED by the Chanhassen Planning Commission this 21 8t day of March, 2006. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 4 Planning Case No. 05 - ~ '-/ CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 CITY OF CHANHASSEN RECEIVED JUN 1 7 2005 DEVELOPMENT REVIEW APPLICATION CHANHASSEN PLANNING om Owner Name and Address: i X- t:; Contact: ~VlS-ht. 1Jt~ ~ ( Phone:t}S-Z -1..t;?'~Oi.J14 Fax: qS-l. - ql.ft.{-34S)" Email: \LYlW fl- CI<~-nWVItltt.~ ~UYl1n1IAmlUm", ct'h- Contact: Phone: Email: Fax: Comprehensive Plan Amendment Temporary Sales Permit Conditional Use Permit Vacation of Right-of-Way/Easements Interim Use Permit Variance Non-conforming Use Permit Wetland Alteration Permit X Planned Unit Development* '7.sD t -X- Rezoning Zoning Appeal Zoning Ordinance Amendment Sign Permits x Notification Sign** - $75 + $100 Damage Deposit Sign Plan Review x Site Plan Review* 1"2. 10 r 500~ 5 ~ 1'4-'2.) x Escrow for Filing Fees/Attorney Cost*** - $50 CUP/SPRNACNARIWAP/Metes & Bounds - $450 Minor SUB Subdivision* TOTAL FEE $ f( An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. * Twenty-six (26) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a diqital copy in TIFF-Group 4 (*.tit) format. ** Applicant to obtain notification sign from City of Chanhassen Public Works at 1591 Park Road and install upon submittal of completed application. $100 damage deposit to be refunded to applicant when sign is returned following City Council approval. *** Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNEO , PROJECT NAME: L? LOCATION: t:-tl ~ t ~ Au LEGAL DESCRIPTION: _pl.e/(~ l-I' VlU+ YD ~Mh 'v6 Isoa ?iO'C\eerlra.,\ ~t2- ?;ro. ~{g t WETLANDS PRESENT: ~ YES NO PRESENT ZONING: tZ-~I'x~I'iU'lA. CpAiL5I~.{~;~ !f~ -.!l1r- REQUESTEDZONING:5UD -11Ap..;\. ~~\~ ~ ' PRESENT LAND USE DESIGNATION: J!1-cAt' Lt4vL j)tL191~ 1'-tc 9t'<?la-"!,',J2 REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: .?\ {...fA 5l TOTAL ACREAGE: Q"t ~~A. A1tl,;~ ~ -P-r r g'71JYL( ~ rl-4tfUf ' This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of ~ {P/JD~{OfJ Signature of Fee Owner Date G:\plan\forms\Development Review Application.DOC Rev. 4/05 SCANNED ~ TOWN &: COUNTRY HOMES a K Hovnanian. Company January 9, 2006 Mr. Bob Generous Senior Planner City of Chanhassen 7700 Market Boulevard p.o. Box 147 Chanhassen, MN 55317 RECEIVED JAN 11 2006 CITY OF CHANHASSEN RE: Liberty at Creekside Dear Mr. Generous: As a follow up to our recent conversation, I am sending this letter requesting an extension for preliminary plat review for the Liberty at Creekside project. Town & Country Homes submitted those plans on June 17, 2005. By copy of this letter, I would request that you consider an extension of the city review period of the preliminary plat for an additional 63 days from February 3,2006 to May 8,2006. Thank you for your consideration of this request. If you have any questions or concerns, please do not hesitate to contact me at 952-253-0460. hawn Siders Community Planning Manager Town & Country Homes a. K. Hovnanian Company cc: Kevin Clark, Vice President of Land Development ~, 7615 Smetana Lane, Suite 180 . Eden Prairie, Minnesota 55344 . Phone 952-944-3455 . Fax 952-944-3437 . www.townandcountryhomesmn.com Minnesota Builder #20539403 & #20543466 i ~ n ~ ! ~~ Ii h ~ :: ~ :; ll:l~n 8 ~~ t i i ll~~~~ 8 ~ ~ ~ i.. l~le~~ ':;l ~~ U I ~ !~ .~! U i" l I idl~A e. .iJj {:;' III ~ i .. 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JII I II liS , t.i ....1 J.S~ Md It'6O't 9002/2/2 8av10JdS"D12'OC2\~1l0tlOOl\'d ~ r;i'; III 'dll ~r =i fTl PJ ~ ~ ., s ~ ~ " ~ ~ ~p "g ~{~ t,~ 9 r~ ;~; ii m ~~~ .' i~ 9 ~,;ll '1'1Il 'Q ~~ ~ G ::. <,rTl =i r m r;: ~ \$"> 1;! C c, z -I .cD l~ CJ Z I! ~ ~ <0 " ~ ~ ~ , I I I I il'l!! ! ~;~~; ..;; ;.; ~~ ;" ~&Z~~ 1~~ ~ ~ :;; i _ . I' ~~ ~ I ~;.~l!~~ ~~;m: . ~ . 5;i;1; ,~~;1-~ Q;~I"'}}: :~~ j ,,~i < !'.;'.' ,'~i' . '~i""';..:?ii:~ I 1 ~lih: .!;,~a ~ ~!i:; m~;' a > ~ ~ ~~~ TOWN & CO~NTRY HOMES I~ Chanhassen. Minnesota 16 UNITS A - B - E "">:::.... .l, ~ \, ill, Oc I' ~.i~~ nz p;, :C;'" ,,".. "'0 ~~~~ ~:: :;':t, Cho.(m i ~ , ~ ~ ~ ~ lnd ~~~~ ~~~II ~ '10 . ;o~ i rrl~11 - oi -' ,~II ":z ; rrlXII ~ ~~ ; ~~H= b " . rrlVl '- -jJ:11 ,x z fTl~ '" O'ill " z--< ~f2 .. "'tJ :D II ~~ -II mil :DII II I II ... II II II If II lL II ., "" " -"C -~ >- "" PREMIER COLLECTION ~LOCA1lOIl LIBERTY AT CREEKSIDE ! CHANHASSEN, MN "'-""" """""'''' UBERTY AT CREEKSIDE ~ TOWN & COUNTRY HOMES 7615 Smetana Lane Suite 180, Ede. Prairie, MN 55344 Phooe:(9S2)944-34SS Fax:(952)944-3437 < Revised Preliminary Plat Submission for: I at creekside CITY OF CHANHASSEN RECEIVED Submitted By JUN 1 7 2005 CHANHASSEN PLANNING DEPT ~ ~:;v~'anian.COIllPanY LiIJat\' ilt Creekside Revised Preliminary Plat Submittal June 14.2005 Community Name Liberty at Creekside '~~-IIi":",~ JIb_ :~~..~r .... Legal Description Legal Description NW1/4 NW1/4 26-116-23-TRACT A ALSO COMM AT SW CORN 23-116-23 TH N ON SECT LINE 30' TH IN A STRAIGHT LINE TO A PT ON S SECT LINE OF SECTION 30' E OF Section: 23 Township: 116 Range: 023 Lihl:'r!\' at Crel:'ksidl:' Revised Preliminary Plat Submittal ./une 14. ::W05 Contact Information LANDOWNER NDI Minnesota, LLC C/O Hovstone Properties MN, LLC 7516 Smetana Lane, Suite 180 Eden Prairie, MN 55344 Contact: Krista Novack ph. (952) 253-0448 fax (952) 944-3437 DEVELOPER/APPLICANT Town and Country Homes - a K. Hovnanian Company 7516 Smetana Lane, Suite 180 Eden Prairie, MN 55344 Contact: Krista Novack ph. (952) 253-0448 fax (952) 944-3437 SITE PLANNING, ENGINEERING Westwood Professional Services 7599 Anagram Drive Eden Prairie, MN 55344 Contact: Chris Moerhl ph.(952) 906-7443 fax (952) 937-5822 Planning PUD Current Zoning: Proposed Zoning: Total Gross Acreage: Slopes: Existing Wetlands: Mitigated Wetlands: Total Net Acreage: A-2, Agricultural Preservation PUD/~ediu_m Density Residential 36.01 Acres 1.47 Acres 0.90 Acres 2.77 Acres 30.87 Acres ROW: Oulots: 3.55 Acres 0.43 Acres Total Homes: 138 Homes (Premier Collection) Gross Density: Net Density: -, 3.83 Homes per AC I ~.47 Homes per AC (*Medium Density Residential allows for 8 Homes per AC Maximum Net Density) Lihert\' at Creekside Revised Preliminary Plat Submittal June 14.2005 Street, Roadways & Drives: ,.,......,..... - Public Street 32ft. B-B; 60ft. RO'^ll (Including Parking on One Side) Private Streets 32ft. B-B Private Drives 20ft. & 25ft. B-B - --- Setbacks (Minimums): Public ROW Private Street Private Drive Abutting Property Wetland Buffer Building to Building 25ft. w/walk, 15ft.w/out walk 25ft. back of curb 20m back to curb I 50ft. 40f1- 20m Liberty at Creekside is currently zoned Agricultural and guided for Medium Density Residential. Town and Country Homes is proposing a PUD/Medium Density Residential community for Liberty at Creekside. This enables us to be creative with our site layout and design, and allows for more opportunity for preservation, community character, and density clustering. The site planning for Liberty at Creekside has taken into consideration the Bluff Creek Overlay District boundary lines and buffering requirements, as well as the information deriving from the AUAR conducted for the 2005 MUSA Expansion Area. Access is a difficult obstacle in planning this community. We are proposing road access at the NW corner of the site just south of a slope area. We feel that this is the least obtrusive option in providing street access to the community from the major collector road planned for the area. Another difficulty with this site is the topography. Basement products and creative street layouts help us to work with the steep slopes. We have gone through a number of various concepts for this site and are confident that we have shaped a plan that uses the site's natural features to its advantage. Architecture Liberty at Creekside will feature our Premier Collection, which is our basement style townhome. Base Price: Mid 200's Sq. Footaqe: 1400-1800s.f. Number of Homes: 142 Hiqhlights: Lihert\' at Creekside Revised Preliminary Plat Submittal June 14. 2005 Provides a plan with the Master on the Main Floor Walk-Out Basements Bright and Filled with Windows Stvle: Scenic, Cozy, Relaxed, Luxurious, and Private Community Placement: Takes advantage of Preservation/Steep Slope areas in the community by bringing the focus to the back of the homes with balconies and walkout basements. This Collection also boasts a more Natural Setting and provides yet another housing style for the life cycles within the "Liberty" communities and Chanhassen. Market: Empty Nesters, Move-Up Townhome Buyers, and Families. Since Town & Country Homes first proposed the Premier homes for Liberty on Bluff Creek (which is the larger site to the West along Audubon), we have upgraded the look of the homes to integrate an even more traditional flare, and to customize the homes special for the City of Chanhassen. Woodlands, ponds, wetlands and the highly regarded Bluff Creek Overlay district surround Liberty at Creekside. In planning this community, our best efforts were focused on preserving as much of the site's natural integrity as possible. Product selection and layout plays an enormous role in optimizing all the site has to offer. Site walks and discussion with city staff has lead us to the attractive Liberty at Creekside plan we have today. The "Liberty" communities will truly offer something special to homebuyers by surpassing normal levels of green space preservation, outdoor activity possibilities, and desirable locations. Quality of Life Homeowners Association: Lihert\' at Creekside Revised Preliminary Plat Submittal June 14.2005 A Homeowners Association will maintain all common areas, private streets, and amenities - including the community pool. Town & Country Homes is proficient and experienced in HOA creation and management. We take pride in the management companies we hire and expect a high level of standards and performance. This guarantees that the community will be meticulously maintained, and will retain a high value for years to come. Noteworthy News: Very recently, a well-known and successful national homebuilder just entering into the Minnesota market place, K. Hovnanian, has acquired Town & Country Homes. This is an exciting turning point for Town & Country Homes because we will now be backed with even more ability to venture into unique and innovative opportunities. K. Hovnanian is a publicly held company, yet still maintains strong family values and ownership, which was important to Town & Country Homes and the Ryan family. Town & Country Homes will keep its name, and current office location. We look forward to expanding on our success in the homebuilding community. To learn more about K. Hovnanian, visit their website at www.khov.com. (!f}oYoo:;a::S)A Family o( Builders . - Lihert\' ilt Creekside Revised Preliminary Plat Submittal June 14.2(0) '- ,/ " / I I~ " " / x ) \U \ co w I --J \0 ) I I 0' I i1' '" w ! I <'" \0 \ / \0 X /'" / W -" \ ! .., '- , ,.,-,,-/ I , -, i I /-- \ \ -, \ J " ..~ r:i __J .----' ',,- ..-// .../- ................... / / '......... \ co co , 0) \ X" I '"'-, /- <s!, d.: /' z~ No~e('" -s-h-ee.t C L...-" 31z}oV.> ()V\ v1e-a-i~t/~ ", ,.,.~ -^ ~:~ .....- () ,'4> (I) ,.~ 'Uj :z "' <n en ~6J ~~ :z:w uo ,,-w oa: >- I- o o oJ Z Z .. o .. co CO> CO> '" .." <::> CO Lu lL. 8; <> '" I ~ rlj en en ~ g ~\t\g Ctl~ G~ ~ fIJ 1946 lOt ~ ClG O""ty S\(C 219 East Frontage Road VVaconia,~ 55387 Phone: 952-442-5101 Fax: 952-442-5497 CDNSERVAr'DII DISrRlCr http://www.co.carver.mn.us/SWCD/SWCDmain.html Mission Statement: To provide leadership in conservation and teach stewardship of the soil, water, and related resources throuJ!h a balanced, cooperative proJ!ram that protects, restores, and improves those resources. February 23, 2006 Kate Aanenson City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317 Re: Liberty at Creekside Ms. Aanenson: The SWCD has taken the opportunity to review the Liberty at Creekside development. The plan reviewed is dated with a revision on 02/03/06. Please review and consider the following comments and suggestions regarding the SWPPP and erosion control and sediment controls. SWPPP A SWPPP is needed for the development and must be completed prior to applying for the NPDES permit. It is recommended the SWPPP be submitted to the City and SWCD for review prior to final approval. Erosion Control 1. A stable EOF for the pond is needed. The EOF could consist of riprap and geotextile fabric or a turfre-enforcement mat (a permanent erosion control blanket). A typical detail is needed on the plan. 2. It is unclear how access to wetland mitigation areas will be done. It appears that a temporary creek crossing may be needed unless access can be gained from the west or south. The access and all erosion controls / restoration should be noted on the plan. 3. The storm sewer extension is planned outside of perimeter controls. Additional erosion control notes are needed on the plan; erosion control blanket will be needed within 24 hours of installation. 4. Energy dissipation is needed at the FES inlet to Pond A and the outlet FES to the Creek within 24 hours of installation. 5. It is assumed the grading occurring north ofthe site along Street A and Street B will be done by others and erosion control blanket will be applied following seeding within 7 days of final grade. Sediment Control 1. Curbside inlet control details are needed. Wimco-type inlet controls should be used and installed within 24 hours of installation of inlets. AN EQUAL OPPORTUNITY EMPLOYER 2. Typical building lot controls should be shown on the plan in a typical detail. These controls should include perimeter controls (silt fence), rock driveways, street sweeping, inlet control and temporary mulch after final grade and prior to issuing the CO. 3. The proposed storm water pond should be used as a temporary sediment basin during mass grading. The pond should be excavated prior to disturbing up gradient areas. Diversion berms / ditches may be needed to divert water to the pond and a temporary pond outlet is needed. The outlet could be a temporary perforated standpipe and rock cone. A detail is needed. An additional temporary sediment trap or basin may be needed near future lot 3, Block 1 during rough grading as it appears nearly 10 acres of disturbed area or more is shedding water to the creek in this area. 4. Silt fence adjustment will be needed once the inlet is installed to Pond A. The silt fence will have to be installed up and around the FES so the discharge to the pond is not impeded by the SF and cause erosion of the bank. Stormwater Mangement 1. An adequate easement for pond access for maintenance purposes is needed and should be shown on the plan. 2. It is recommended that the ultimate outlet from the site to Bluff Creek be adjusted to discharge water parallel to the creek flow; presently the outlet is shown to discharge water perpendicular to the flow and could increase bank erosion of the creek. The FES should be turned to the SE to align with the creek. 3. It is assumed the pond located in the NW corner ofthe site is going to be done by others. A outlet location should be shown on the plan. Ifthere are any questions or if! can be of further assistance please contact the SWCD office. Sincerely, Aaron Mlynek, CPESC Urban Conservation Technician c. Lori Haak, City of Chanhassen (email) CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Robert Generous AICP, Senior Planner FROM: Mark Littfin, Fire Marshal DATE: February 23,2006 SUBJ: Request for rezoning of property from A-2 to PUD-R, Subdivision with variances of approximately 36.01 acres into 30 lots, one outlot and public right of ways, and site plan approval for 138 townhouses. The property is located east of Audubon Road and north of Pioneer Trail (1500 Pioneer Trail). Planning Case: 05-24 Liberty at Creekside I have reviewed the request for rezoning of the above project. In order to comply with the Chanhassen Fire DepartmentlFire Prevention Division, I have the following fire code or city ordinance/policy requirements. The plan review is based upon available information submitted at this time. If additional plans or changes are submitted, the appropriate code or policy items will be addressed. 1. No burning permits will be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 2. Temporary street signs shall be installed on street intersections once construction ofthe new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire code Section 501.4. 3. A fire apparatus access road shall be designed and maintained to support the imposed load of fire apparatus and shall be serviced so as to provide all weather driving capabilities. Pursuant to Minnesota Fire Code Section 503.2.3. 4. Fire apparatus access road and water supplies for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. The City ot Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Mr. Robert Generous AICP, Senior Planner February 23, 2006 Page 2 5. A 10-foot clear space must be maintained around fire hydrants, i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, Cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters. Pursuant to Chanhassen City Ordinance #9-1. 6. Submit street names to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. 7. "No Parking Fire Lane" signs will be required on the private streets. Contact Chanhassen Fire Marshal for exact location of sign. Pursuant to Chanhassen Fire Department/Fire Prevention Policy #06-1991. Copy enclosed. g: \safety\ml\p Irev05- 24 CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 (952) 227 - 1150 FAX: (952) 227-1190 CHANHASSEN FIRE DEPARTMENT POLICY # 06-1991 REQUIREMENTS FOR FIRE LANE SIGNAGE 1. Signs to be a minimum of 12" x 18". NO PARKING FIRE LANE 2. Red on white is preferred. 3. 3M or equal engineer's grade reflective sheeting on aluminum is preferred. 4. Wording shall be: NO PARKING FIRE LANE 5. Signs shall be posted at each end ofthe fire '0" lane and at least at 100 foot intervals along the fire lane. 6. All signs shall be double sided facing the direction of travel. 7. Post shall be set back a minimum of 12" but not more than 36" from the curb. (NOT TO SCALE) G E 8. A fire lane shall be required in front of fire dept. connections extending 5 feet on each side and along all areas designated by the Fire Chief. ANY DEVIATION FROM THE ABOVE PROCEDURES SHALL BE SUBMITTED IN WRITING, WITH A SITE PLAN, FOR APPROVAL BY THE FIRE CHIEF. IT IS THE INTENTION OF THE FIRE DEPARTMENT TO ENSURE CONTINUITY THROUGHOUT THE CITY BY PROVIDING THESE PROCEDURES FOR MARKING OF FIRE LANES. Revisions 6/1 0/02 3/22/05 Fire Lane Instillation 06-1991 Page 1 of 1 I (T'\ ~S.lPl ~ OF T1lP.~ Minnesota Department of Transportation Metropolitan District Waters Edge 1500 West County Road B-2 Roseville MN 55113-3174 July 27,2005 Bob Generous, Senior Planner City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 ftECE'VED JUL 2 8 2.005 CiTY QF CHANHASSEN SUBJECT: Liberty at Creekside Mn/DOT Review P05-080 North of New TH 212, East of Audubon Road Chanhassen, Carver County Control Section 1017 Dear Mr. Generous: The Minnesota Department of Transportation (MnlDOT) has reviewed the above referenced plat in compliance with Minnesota Statute 505.03, subdivision 2, Plats. Before any further development, please address the following issues: Access Control: · The access shown on this layout at TH 212 Right of Way has been eliminated. It is our understanding that although the location map submitted from the city shows an access onto Pioneer Trail (CSAR 14), that there will be no southerly access from this site. Rather, the access will be provided via a new east - west collector to the north of the site that connects from Audubon Road to proposed Powers Blvd (alignment not yet finalized.) In the future, please include access information with submittals. Please direct questions regarding this issue to Lynn Clarkowski, MnlDOT's Area Engineer, at 651-634-2103, or Mary Lacho, MnlDOT's TH 212 Design Engineer, at 952-368-5610 or mary .1acho@dot.state.mn.us Drainage: · A drainage permit will be required for this project. No additional runoffto MnlDOT R/W will be allowed and all drainage patterns must be maintained. Please provide the following: 1) A Grading Plan of the existing & proposed project, showing topography, with MnlDOT's right of way clearly marked. 2) Drainage area maps for the proposed project showing both existing and proposed drainage areas and flows (with flow arrows). 3) Storm sewer plans and pond plans, with flow arrows for all overland and conveyed water. An equal opportunity employer . 4) Hydraulic computations/modeling for both existing and proposed conditions (i.e., Hydro-CAD input assumptions, calibration data, results for 10 and 100 year storm events). Please submit any further documentation electronically as Adobe Acrobat (.pdt), and HydroCAD (.hc) files. Ifplans change, you must resubmit for review. The electronic model and pdf file can be emailed to iulie.whitcher@dot.state.mn.us. Please direct questions concerning these issues to Julie Whitcher (651-634-2080) ofMnlDOT's Water Resources Engineering section. Permits: · Any use of or work within or affecting MnlDOT right of way requires a permit. Permit forms are available from MnlDOT's utility website at www.dot.state.mn.us/tecsup/militv. Please direct any questions regarding permit requirements to Buck Craig (651-582-1447) ofMnlDOT's Metro Permits Section. Right of Way / Surveys: · The "Existing MnlDOT R1W" needs to be clearly labeled, and the existing access control needs to be shown (and have symbol shown in legend). Please direct any questions regarding this issue to Bruce Wetherbee ofMnlDOT's Metro West Surveys at 763-797-3110. Electronic Document Request: · As a final request, could you please send an electronic .pdffile copy of your plan submittal for our record keeping purposes to iuanita.voigt(G),dot.state.mn.us Please refer to Mn/DOT Review #P05-080 / Liberty at Creekside / CHN when emailing the .pdf file. Thank you for your consideration in this matter. As a reminder, please address all initial future correspondence for development activity such as plats and site plans to: Development Reviews Coordinator MnlDOT - Metro Division Waters Edge 1500 West County Road B-2 Roseville, Minnesota 55113 MnlDOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documents will make a submittal incomplete and delay MnlDOT's review and response to development proposals. We appreciate your anticipated cooperation in providing . the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. If you have any questions concerning this review please feel free to contact me at (651) 634-2083. iht;e Juanita Voigt Transportation Planner Copy: Roger Gustafson / Carver County Engineer John Freemyer / Carver County Surveyor Westwood Professional Services Town and Country Homes CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on February 23, 2006, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Liberty at Creekside - Planning Case No. 05-24 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this~ day of '1-LlllL{fl~' 2006. ~~T~'M~~-' '--"Notary Pu . tn I: :;: Q) Q) :i: tnS 1:.- .- U) ... 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"-=::: ~.c :J ~ 00 ~ "G C .8 ~ .~ 0 Q)~~a.~~~e~2-g.~.~~5~~ .~~~ KEgi~~~'~~Q)~~~~8~.~~.r::.m~ B<~~~rr~"~ga:~~g5~gc~~~~ ~~~~~!.QE~~@maE~~!g"~-~ Q)~o2Q)~~EO.Qen~~$U~-~._gs ~ m >-,~ 5 Q) 1? 8 >. cu g ~ ID"- ~ ~:e c. E ~ c 'c"~~~c~Q)Q)~-g"~ll)E~~Q)~u~~.- ..:J ~U~ o~ E~~ (l) 22~~.E 5i"1i>"* ()~-g ~"Cm~ ~rnE~~EID~ Orn~mIDrn~U ~~~~~8.~8~~~'::::E~~~8.E~"~~~ ~Ca.U)~~Q)!(l)-U~wmo~U)Ecc:c~ 8~E"~.~m~cugg!~$1?~~U"C'~~~ID ~ OE (/Joo~~~enQ)mmc~O(l)c~cD c.. ~ 0 o'~ ! t:: C Q.g.c = U5 ~:c ~ ~ ~ m Q) 8. E :t g 000 c rn 8. m g c.Q g cu"~"~"C 0 :;:€ S U). g .~ :~ g> g8 ~! "E"~ ~.~ ~ ~:5 ~ @ ~ 8 ~ ~ ~:e ~ :5 "g "~.~ a. ~ ~ ~ E E () ~ ~ ~ ~ .2> fi5 ~ ~ 8 "tV c::: D N C c..::: Q) 0 E ~ c'~ ~..... (l) "- u ~ E ~~~~~~~5~~8<3~~~~~~K~@g 0.. ... Disclaimer This map is neither a legally recorded map nor a sUlvey and is not intended to be used as one. This map is a compiiation of records, information and data located in various city, county, state and federal oHices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes ~466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressiy waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the use~s access or use of data provided. Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal oHices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes ~466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the use~s access or use of data provided. GAYLE 0 & LOIS J DEGLER TRUSTEES OF TRUSTS 1630 LYMAN BLVD CHANHASSEN , MN 55317 -9402 FOX PROPERTIES LP 27990 SMITHTOWN RD EXCELSIOR. MN 55331 -7911 STATE OF MINNESOTA - DOT 395 JOHN IRELAND BLVD 631 TRANSPORTATION BLDG ST PAUL. MN 55155 -1801 PETERSON.JACQUES FARM LAND CO C/O SEVERIN H PETERSON JR 15900 FLYING CLOUD DR EDEN PRAIRIE. MN 55347 -4047 NDI MINNESOTA LLC C/O HOVSTONE PROPERTIES MN LLC 7615 SMETANA LN SUITE 160 EDEN PRAIRIE. MN 55346 -4700 G&M LAURENT FAMILY LTD PTRSHP 24760 CEDAR POINT RD NEW PRAGUE. MN 56071 -4056 ARTHUR B JOHNSON 17448 FRONDELL CT EDEN PRAIRIE. MN 55347 -3416 Public Hearing Notification Area (500 feet) Liberty at Creekside Planning Case No. 05-24 1500 Pioneer Trail City of Chanhassen CITY OF CHANHASSEN AFFIDA VIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on March 1, 2006, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Liberty at Creekside - Planning Case No. 05-24 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this bd: day of m Clrch , 2006. ~~,~~~ \ Notary P . CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF RESCHEDULED PUBLIC HEARING Dear Property Owner: On February 23, 2006, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: . LIBERTY AT CREEKSIDE: Request for Rezoning of property from A-2 to PUD-R; Subdivision with Variances of approximately 36.01 acres into 29 lots, 5 outlots, and public right-of-way; Site Plan Approval for 146 townhouses; and Conditional Use Permit for alterations within the flood plain and development within the Bluff Creek Overlay District on property located at 1500 Pioneer Trail (east of Audubon Road, north of Pioneer Trail and northwest of future Highway 312 - see location map on reverse side of this notice) - Planning Case No. 05-24. Applicant: Town & Country Homes The public hearing has been RESCHEDULED for Tuesday. March 21. 2006 in the City Hall Council Chambers. The meeting will begin at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. If you have questions regarding this proposal, contact Robert Generous at 952-227-1131 or by email: bqenerous@cLchanhassen.mn.us, or visit the City's NEW projects web page at www.ci.chanhassen.mn.us/serv/proiects.html CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF RESCHEDULED PUBLIC HEARING Dear Property Owner: On February 23, 2006, the City of Chanhassen mailed a public hearing notice to you regarding the following proposal: . LIBERTY AT CREEKSIDE: Request for Rezoning of property from A-2 to PUD-R; Subdivision with Variances of approximately 36.01 acres into 29 lots, 5 outlots, and public right-of-way; Site Plan Approval for 146 townhouses; and Conditional Use Permit for alterations within the flood plain and development within the Bluff Creek Overlay District on property located at 1500 Pioneer Trail (east of Audubon Road, north of Pioneer Trail and northwest of future Highway 312 - see location map on reverse side of this notice) - Planning Case No. 05-24. Applicant: Town & Country Homes The public hearing has been RESCHEDULED for Tuesday. March 21, 2006 in the City Hall Council Chambers. The meeting will begin at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. If you have questions regarding this proposal, contact Robert Generous at 952-227-1131 or by email: bqenerous@cLchanhassen.mn.us, or visit the City's NEW projects web page at www.ci.chanhassen.mn.us/serv/proiects.html Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes ~466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, orthird parties which arise out of the use~s access or use of data provided. Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes ~466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the use~s access or use of data provided. , Impression antibourrage et a sechage rapi~e Utilisez Ie gabarit 5160@ : GAYLE 0 & LOIS J DEGLER TRUSTEES OF TRUSTS 1630 LYMAN BLVD CHANHASSEN . MN 55317 -\2--~ PETERSON-JACQUES FARM LAND CO C/O SEVERIN H PETERSON JR 15900 FLYING CLOUD DR EDEN PRAIRIE. MN 55347 -4047 ARTHUR B JOHNSON 17448 FRONDELL CT EDEN PRAIRIE. MN 55347 -3416 @09~S. @AlI3J\V ~ - www.avery.com 1~800-GO-AVERY @ AVERV@ 5160@ - FOX PROPERTIES LP 27990 SMITHTOWN RD " EXCELSIOR. MN 55331-7911 i' NDI MINNESOTA LLC C/O HOVSTONE PROPERTIES MN LLC 7615 SMETANA LN SUITE 160 EDEN PRAIRIE. MN 55346 -4700 , . i! i ' ~ , I ; I, , , , . ! ; Ii I: ! , , . . i I' I AH:I^"-09-008-~ WO)'AJaAe'MMM - - STATE OF MINNESOTA - DOT 395 JOHN IRELAND BLVD I 631 TRANSPORTATION BLDG I ST PAUL. MN 55155 -1801 i. G&M LAURENT FAMILY L TO PTRSHP 24760 CEDAR POINT RD NEW PRAGUE. MN 56071 -4056 I, I I I I! , I i! @09~sn,,",dwn @AJaA""aSn 6UI1UIJA aaJ-I a6Dnwc;: Due wet . Public Hearing Notification Area (500 feet) Liberty at Creekside Planning Case No. 05-24 1500 Pioneer Trail City of Chanhassen