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PC Staff Report 5-2-06 ~ z < u ~ ~ ~ ~ < < ~ < ~ ~ ~ ~ 00. PC DATE: May 2,2006 [!] CC DATE: May 22, 2006 CITY OF CHANHASSEN REVIEW DEADLINE: May 29, 2006 CASE #: 06-13 BY: AF, RO, LH, ML, JM, JS STAFF REPORT PROPOSAL:Galpin Crossing Twinhomes - Request for rezoning from Agricultural Estate District, A2, to Planned Unit Development - Residential, PUD-R; Preliminary plat approval creating 13 lots and one Outlot with a Variance for a private street and more than four homes accessing a private street; and Conditional Use Permit for development within the Bluff Creek Overlay District. LOCATION: North of West 78th Street and west ofOalpin Boulevard APPLICANT: Rich Ragatz - Epic Development XVI, LLC 9820 Sky Lane Eden Prairie, MN 55347 (612) 730-2814 rragatz@earthlink.net PRESENT ZONING: A2, Agricultural Estate District 2020 LAND USE PLAN: Residential- Low Density (net density range 1.2 - 4.0 units per acre) ACREAGE: 6.09 DENSITY: gross - 1.97; net - 3.17 SUMMARY OF REQUEST: Request for a rezoning to Planned Unit Development - Residential to permit a 12-unit (6-structure) twin home development including a subdivision with a variance for the use of a private street and to permit more than 4 units to be accessed via the private street and a conditional use permit to permit development within the Bluff Creek Overlay District. 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 variance is limited to whether or not the proposed project meets the standards in the Subdivision Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi judicial decision. Location Map Galpin Crossing Twinhomes Planning Case No. 06-13 NW Corner Highway 5 & Galpin Blvd. City of Chanhassen - ...----c@\et...- ---------- ----~ ~d - - ulteI-~ I '> /' /// / I ( I ,/ I //'/ ,/' ...- ~ Coulter Boulevard ~:// ,~" Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 2 of 19 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. PROPOSAL/SUMMARY The applicant is proposing a 12-unit (6-building) twin home development on six acres of land. The site is constrained on the north by Bluff Creek and the Bluff Creek Primary zone, on the south by West 78th Street, a collector street, to the east by Galpin Boulevard, a collector street, and to the west by Vasserman Ridge, a storm water pond and electric transmission line. Though fronting on a public right-of-way, direct lot access onto a collector street is prohibited. The proposed units will be accessed via a private street. City utilities are available to the site. Bluff Creek and a wetland encompass the northern portion of the site. . The site was previously used as the field area for a golf driving range. Trees exist along the western property line and adjacent to Bluff Creek. The city has a sanitary sewer trunk main running across the northern portion of the property. The high point of the property lies in the southeast comer and slopes towards the wetland and Bluff Creek. The area south of West 78th Street drains to the site via a culvert. The overhead power lines west of the west property line will remain. The property to the north is zoned Agricultural Estate District, but guided for residential-low density development, and contains a farmstead owned by Theodore Bentz. To the east is Galpin Boulevard and property owned by the City adjacent to Bluff Creek. To the south is West 78th Street and property that has concept Planned Unit Development approval for either a "family fun center" or an office park. The property to the west contains electrical towers and transmission lines, a storm water pond and twin homes within the Vasserman Ridge development. Under a perfect development scenario, this parcel would be used for open space purposes and stormwater ponding in conjunction with the parcel south of West 78th Street. This development configuration would permit an intensification of the use of the parcel adjacent to Highway 5, specifically permitting higher impervious area. Staff is recommending approval of the development subject to the conditions of the staff report. APPLICABLE REGUA TIONS Chapter 18 Subdivisions Chapter 20, Article II, Division 2, Amendments Chapter 20, Article IV, Conditional Use Permits Chapter 20, Article VI, Wetland Protection Chapter 20, Article VII, Shoreline Management Chapter 20, Article VIII, Planned Unit Development District Chapter 20, Article XXIX, Highway Corridor District Chapter 20, Article XXXI, Bluff Creek Overlay District Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 3 of 19 BACKGROUND On December 12, 2005, the Chanhassen City Council approved the concept planned unit development for a twin home (north of West 78th Street) and office development (south of West 78th Street) project. On October 13, 2003, the Chanhassen City Council approved the Concept Planned Unit Development (PUD) review for development of a recreational center or office on the eight (8) acres south of West 78th Street. The land north of West 78th Street, which was proposed for townhouse development, was not approved as part of the concept planned unit development. In 2000 and 2001, West 78th Street was constructed through the property, bisecting it into six and eight-acre parcels. Additionally, the city extended sanitary sewer for the BC-7 and BC-8 sanitary sewer subdistricts across the northern portion of the property. December 12, 1998, the Chanhassen City Council adopts the Bluff Creek Overlay District. December 1996, Bluff Creek Watershed Natural Resources Management Plan is completed. 1996, City Council adopts the Land Uses for the North 1995 Study Area, guiding this property for residential -low density use. In August 1995, the Highway 5 Corridor Land Use Design Study was completed. The bulk of the area was recommended for single-family residential. A portion of the Mills property (Arboretum Village site) was recommended for neighborhood convenience retail center, but only ancillary to office, institutional or multi-family residential. Highway 5 Corridor Design Standards adopted July 11, 1994. As part of the 1991 Comprehensive Plan, this property was included as part of the 1995 study area for determination of the land use of the property. On February 12, 1990, the Chanhassen City Council approved a zoning ordinance amendment making golf driving ranges interim uses in the A2 district. On November 16, 1987, the Chanhassen City Council approved a zoning ordinance amendment to permit golf driving ranges as a conditional use in the A2 zoning district and a conditional use permit for John Przymus for a golf driving range and miniature golf course at the subject property. On November 4, 1985, the Chanhassen City Council revoked the conditional use permit for a golf driving range at the northwest comer of Highway 5 and Galpin Boulevard due to non- compliance with the conditions of the conditional use permit. On December 19, 1983, the Chanhassen City Council approved a conditional use permit for a golf driving range at the northwest comer of Highway 5 and Galpin Blvd. Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 4 of 19 REZONING Planned unit developments offer enhanced flexibility to develop a site through the relaxation of most normal zoning district standards. The use of the PUD in this instance is to create a twin- home development within the Bluff Creek Overlay District. 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 including the provision of development design standards for the structures, which would not be possible under standard zoning. The proposed development provides a compatible development with the surrounding development, provides a transition of uses from the highway to the residential development to the north, and preserves the Bluff Creek corridor within a separate outlot. Alternatively under the Residential- Low Density land use, the project could development under the Mixed Low Density Development (R4) District or Residential Low and Medium Density (RLM) standards for twin homes. Area (sq. ft.) per Frontage (ft.) per Depth (ft.) Setbacks: Front unit unit Rear, Side (ft.) R4 10,000 50 125 30, 10, 30 RLM 7,260 50 100 25,10,25 PUDR 3,330 (Avg. 45 74 50*,0,0 3,668) tn * ReqUIred setback from West 78 Street Based on the standards zoning ordinances, the developer may not be able to plat 12 units under the R4 zoning categories. At a minimum, the plat would have to be significantly revised to determine compliance. It appears more feasible under the RLM zoning. A twin home development assists in the furtherance of the following land use policies of the City of Chanhassen Comprehensive Plan: . Development will be encouraged within the MUSA line. . Encourage low density residential development in appropriate areas of the community in a manner that reinforces the character and integrity of existing single-family neighborhoods (the proposed twin homes would continue the development of twin homes in the southeast comer of the Vasserman Ridge development to the west of the site). · 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. Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 5 of 19 A twin home project assists in the furtherance of the following housing policies 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. The PUD provides enhanced architectural standards, but the environment preservation meets the standards required by City Code, which would be met by the other zoning options. If a Planned Unit Development is the preferred zoning, then the following design standards are recommended: Development Design Standards a. Intent The purpose of this zone is to create a twin home, PUD Residential zone. The use of the PUD zone is to allow for more flexible design standards while creating a higher quality and more sensitive proposal. All utilities are required to be placed underground. b. Permitted Uses The permitted uses within the neighborhood shall be 12 twin home and appropriate accessory structures. If there is a question as to whether or not a use meets the definition, the Community Development Director shall make that interpretation. The type of uses to be provided on Outlot B shall be low intensity neighborhood oriented accessory structures to meet daily needs of residents. Such uses may include development signage, common gardens, association gazebo, association maintenance shed, association picnic shelter or association play equipment. An encroachment agreement shall be required prior to construction within Outlot B. c. Setbacks The PUD ordinance requires setbacks from roadways and exterior property lines. The following table displays those setbacks. Standards West 7Stn Street and Galpin Blvd. 50 feet West Project Property line 30 feet Minimum Driveway length (to back 25 feet of curb) Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 6 of 19 Interior Lot Line (around each structure) Hard Surface Coverage o feet Wetland: ButTer and butTer setback BlutT Creek Prima zone bounda Buildin Hei ht 30 percent for the entire develo ment 16.5 feet and 40 feet 40 feet 35 feet d. Building Materials and Design . Building exterior material shall be a combination of hardiboard, vinyl or shake siding and brick, stone or stucco. . No two adjacent structures shall be of the same color scheme. . Colors used shall be varied across color tones. . Garage doors must have windows. . All units shall utilize minimum timberline 30-year shingles. . Each unit shall have a minimum of one over story tree within its front landscape yard (between the house and the private street). . All mechanical equipment shall be screened with material compatible to the building, landscaping or decorative fencing. (It should be noted that the proposed development as shown on the plans, including buildings, driveways and private streets, has site coverage of 21 percent. Even if each of Lots 1 - 12 were covered completely in impervious surface, the development would only be at 27 percent site coverage.) SUBDIVISION REVIEW STREETS/ACCESS The proposed access to this development lies approximately 660 feet west of Galpin Boulevard and 420 feet east of Vasserman Trail. Access to the units will be from a privately owned and maintained drive, which will be 90 feet in diameter at the entrance, and 20 feet wide through the remainder of the site. A hammerhead turnaround will be installed at the eastern terminus of the dri ve. The plans show that the private drive will be installed five feet from the right of way line. Snow removal from the private drive must not encroach into the public right-of-way. Access to the office site is proposed via West 78th Street which is a collector street within the City of Chanhassen. No direct vehicular access from individual lots to collector roadways is permitted. The internal access to the twin homes is via a private street. Private street easements are 30 feet with a 20-foot pavement width for twin homes. A turnaround at the east end of the private street shall be required. Under any of the development alternatives, a private street for access purposes would be likely. Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 7 of 19 Private Street In order to permit private streets, the city must find that the following conditions exist: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of the private street will permit enhanced protection of the city's natural resources including wetlands and forested areas. Due to the constraints on the site, West 78th Street and the Bluff Creek primary zone, it is not feasible to incorporate a public street within the development site. The use of a public street in this area would add unnecessary impervious surface and corresponding runoff to Bluff Creek. LANDSCAPINGffREE PRESERVATION Tree canopy coverage and preservation calculations for the Galpin Crossing Twinhomes development are as follows: Total upland area (excluding wetlands) 238,018 SF Total canopy area (excluding wetlands) 33,490 SF Baseline canopy coverage 14% Minimum canopy coverage allowed 25% or 59,504 SF Proposed tree preservation 13% or 30,942 SF Developer does not meet minimum canopy coverage allowed. Replacement plantings are required for the difference between the existing canopy coverage and the minimum required. Replacement required (25%-14%) 26,181 SF or 24 trees The applicant is removing all existing trees. This is penalized by multiplying the area by 1.2 to calculate the required replacement plantirigs. Canopy coverage removed 2,380 SF Multiplier 1.2 Total replacement 2,856 SF Total number of trees to be planted 3 trees A total of 27 trees are required as replacement plantings for this development. A replacement planting plan has been submitted to the city for approval. It shows 30 trees. In addition, the applicant shall provide each home with a minimum of one tree in the front yard. Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 8 of 19 Bufferyard requirements are as shown in the table: Landsca in Item Bufferyard B - South property line, 860' W. 78th Street Bufferyard B - East property line, 210' Galpin Blvd. Boulevard trees - W. 78th St. - 1 er 30 feet Re uired 17 overstory trees 34 understory trees 51 shrubs 4 Overs tory trees 8 Understory trees 12 shrubs 22 overstory trees Pro osed 18 overstory trees 18 understory trees 54 shrubs 4 overs tory trees 4 understory trees 12 shrubs 15 overstory trees with 50' s acing The applicant falls short on understory requirements within the bufferyards. The applicant has submitted less boulevard trees than ordinance requirements, but the spacing is preferable to 30 feet with the additional understory and shrub plantings. Staff recommends that plantings shown along the wetland and Bluff Creek Primary Corridor be selected from the plant list in the appendix of the management plan. These shall be native plantings that will serve to enhance the environmental features of the site. The restoration plan shall be submitted to the city for approval prior to City Council final approval. GRADINGIDRAINAGE The developer has submitted a soil boring report indicating that approximately two feet of peat material exists south of the wetland. This material will be excavated and fill will be imported to grade the site. The lowest floor elevations for Lots 1 through 4 must be raised to a minimum elevation of963.1, which is three feet above the high water level of the existing pond to the west within the Vasserman Ridge development. The lowest floor elevations for Lots 5 through 12 must be raised to a minimum elevation of 958.5, which is three feet above the high water level of the wetland, as indicated in the City of Chanhassen's 1994 Surface Water Management Plan. The final grading plan must identify an emergency overflow location and elevation for the proposed pond. The grading plan must be adjusted so that soil grades are minimum 2%. The proposed grading north and west of Lot 12 must be adjusted so that the drainage swale will not direct runoff toward the backs of Lots 11 and 12. The six foot high berm on the east side of the private drive must be shifted to the east to provide minimum five feet of boulevard space. Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 9 of 19 The developer must ensure that the final grading plan does not include driveways sloping towards the homes on Lots 11 and 12. Driveway grades must be between 1.5% and 10% at any point within the driveway. The developer has submitted hydrology calculations for the proposed development for the proposed site for staff review. The developer must submit existing and proposed drainage maps. Staff will forward comments to the developer prior to final plat consideration. The developer has sized the pond to accommodate the existing runoff from the property south of West 78th Street. Storm water ponding must be constructed for the additional post-development runoff when the property south of West 78th Street is developed. Hydraulic calculations must be submitted with the final plat submittals and must include storm sewer inlet capacity analysis to verify that 100% of the runoff from a lO-year event can be captured. RETAINING WALLS The developer does not propose to construct any retaining walls on the site. WETLANDS Two aglurban wetlands exist on-site. Schoell & Madson, Inc. delineated the wetlands in June 2003. Basin 2 is a Type 2 wetland located in the west-central portion of the property, north of West 78th Street. The wetland is dominated by reed canary grass and smartweed. Basin 3 is a Type 2 wetland located in the northern portion of the property. The wetland is dominated by reed canary grass, smartweed, trembling aspen and box elder. On August 29, 2003, City staff issued a Notice of Wetland Conservation Act Decision for a wetland exemption for Basin 2. Aerial photography was reviewed by the City and the wetland basins on either side of West 78th Street were not present prior to the construction of West 78th Street. The wetlands were found to be a result of blockage of drainage along the south side of West 78th Street and concentration of runoff on the downstream (north) end of the culvert under West 78th Street. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) must be maintained around Wetland 3. 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 must maintain a setback of at least 40 feet from the wetland buffer edge. EROSION AND SEDIMENT CONTROL All perimeter controls and inlet protections must remain in place until 70% of the area is permanently protected by vegetative cover. Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 10 of 19 All area disturbed within 200 feet of Bluff Creek must be stabilized within 3 days. The plans should be revised to show all areas with 3: 1 slopes or steeper that will be blanketed. A stable emergency overflow (EOF) for the ponds should be provided. 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 in the plan. Energy dissipation should be provided for all inlets and outlets within 24 hours of installation Wimco-type or other comparable inlet controls should be used and installed within 24 hours of installation of the inlets. 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 Certificate of Occupancy (CO). The proposed storm water ponds should be used as a temporary sediment basin during mass grading. The pond should be excavated prior to disturbing up-gradient areas. Plans should show how the water will be diverted to the temporary basin. Berms and/or ditches may be needed to divert water to the pond, and temporary pond outlets are needed. The outlet could be a temporary perforated standpipe and rock cone. The plans should be revised to include a detail for the temporary pond outlet. An adequate easement for pond access for maintenance purposes is needed and should be shown on the plan. The proposed silt fence along Wetland 3 should be Type 2 silt fence, as specified in Chanhassen Standard Detail Plate 5300. Type 1 silt fence may be used for the remainder of the site. The grading plan should be revised to show the proposed silt fence following the grading limits for the site, including the 20-foot grading setback from the primary corridor. The perimeter controls should be inspected by the city and the SWCD prior to grading. The grading plan should be revised to show the location of the proposed rock construction entrance. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. 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 rates for duplexes of $1,800/acre. Based on the proposed developed area of approximately 6.1 acres, the water quality fees associated with this project are $10,980. Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 11 of 19 Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average citywide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and storm water ponding areas for runoff storage. Single- family residential developments have a connection charge of $2,900 per developable acre. This results in a water quantity fee of approximately $17,690 for the proposed development. SWMP Credits This project proposes the construction of one NURP ponds. 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 $28,670. OTHER AGENCIES The owner/operator of the proposed development 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 Site Permit), Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval. UTILITIES The developer proposes to extend lateral sanitary sewer from the existing Metropolitan Council interceptor line. The developer must obtain a permit from Metropolitan Council prior to utility installation. Lateral watermain will extend from the existing 18-inch trunk within West 78th Street. This connection will require cutting into West 78th Street approximately eight feet from the curb. West 78th Street must remain open during this utility connection. Advanced warning and traffic control measures required during this utility connection must comply with the latest edition of the Minnesota Manual on Uniform Traffic Control Devices. The develorer must submit a financial security with the final plat to ensure the restoration of West 78t Street and the bituminous trail. The lateral sanitary sewer and watermain shall be publicly owned and maintained. The developer will be responsible for extending lateral sewer and water service to the lots; therefore, the sanitary sewer and water connection charges will be waived. Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 12 of 19 Each new lot is subject to the sanitary sewer and water hookup charges. These fees are collected with the building permit and are based on the rates in effect at the time of building permit application. The party applying for the building permit is responsible for payment of these fees. The lowest floor elevation of each unit must be shown on the utility plan. The developer proposes to install lateral storm sewer to capture runoff from the private drive and the existing culvert under West 78th Street and convey the runoff to the proposed storm water basin. This storm sewer shall be privately owned and maintained since it does not serve public property. EASEMENTS AND RIGHT-OF-WAY The plan identifies a MNDOT drainage easement on the southern property line, on the west side of the parcel. The developer must obtain permission from MNDOT before performing any work within this easement. A sanitary sewer easement lies along the north side of the property and ranges from 40 to 60 feet wide. The sewer within this easement is the 42-inch Metropolitan Council interceptor. The developer must obtain permission from Metropolitan Council to perform the proposed grading within this easement. The plans do not identify an easement for the overhead utility lines on the west side of the project. Prior to final plat consideration, the developer must show the easement on the plans. The building footprint must not lie within this easement. The developer must comply with any setback requirements the utility company imposes. A drainage and utility easement will be platted over all of Lot 13, Block 1, which is the common lot within the proposed development. Right-of-way for West 78th Street adjacent to this property ranges between 115 to 120 feet wide. Additional right-of-way is not required. Outlot A must be protected in perpetuity through the dedication of the outlot to the City of Chanhassen or by the recording of a conservation easement, to be approved by the City, over the entire Outlot A. PARKS AND OPEN SPACE Parks The property is situated within the park service areas of Sugarbush Neighborhood Park and the Chanhassen Recreation Center, a community park facility. No additional parkland dedication is required as a part of the Galpin Crossing proposal. Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 13 of 19 Trails Two segments of the city's comprehensive trail plan are adjacent to and service the proposed development area-the West 78th Street trail and Galpin Boulevard trail. In the absence of parkland dedication, it is recommended that Galpin Crossing pay full park dedication fees at the rate in force upon final platting. At today's rates, these fees would total $69,600 (12 units @ $5,800 each). COMPLIANCE TABLE Since the proposed development is a Planned Unit Development, the minimum requirements are those established as part of the development. Area (sq. ft.) Width (ft.) Depth (ft.) Lot 1 3,735 45 83 Lot 2 3,735 45 83 Lot 3 3,330 45 74 Lot 4 3,330 45 74 Lot 5 3,735 45 83 Lot 6 3,735 45 83 Lot 7 3,735 45 83 Lot 8 3,735 45 83 Lot 9 3,735 45 83 Lot 10 3,735 45 83 Lot 11 3,735 45 83 Lot 12 3,735 45 83 Lot 13 (Outlot B) 120,778 Outlot A 100,807 TOTAL 265,595 CONDITIONAL USE PERMIT 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. If any alterations are proposed on property within the Bluff Creek Overlay District, a conditional use permit must be obtained prior to alterations occurring. No alterations are allowed within the primary corridor or within the first 20 feet of the setback from the primary corridor. Grading is proposed within the first 20 feet of the setback from the primary corridor north of Lots 5, 6 and 9 through 12, Block 1. The grading plan should be revised to eliminate grading within the first 20 feet of the setback from the primary corridor. All structures must maintain a minimum 40-foot setback from the primary corridor. The proposed structure on Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 14 of 19 Lot 12, Block 1 does not meet the 40-foot setback from the primary corridor. The plans should be revised to show that the structure on Lot 12, Block 1 meets the required 40-foot primary corridor setback. The applicant has proposed placing the portions of the site within the Bluff Creek Overlay District primary corridor into an outlot (Outlot A). Outlot A must be protected in perpetuity through the dedication of the outlot to the City of Chanhassen or by the recording of a conservation easement, to be approved by the City, over the entire Outlot A. RECOMMENDATION Staff recommends that the Planning Commission adopt the following three motions based on the findings of fact attached to this staff report: A. ''The Planning Commission recommends approval of the Planned Unit Development rezoning the property within the Galpin Crossing Twinhomes project from A2, Agricultural Estate District, to PUD-R, Planned Unit Development - Residential incorporating the development design standards contained in this staff report." B. ''The Planning Commission recommends approval of the Preliminary Plat creating 12 lots and 2 outlots with a variance for the use of a private street and for more than four homes accessed via a private street, plans prepared by Ryan Engineering, dated March 16,2006, revised April 19, 2006, subject to the following conditions: 1. Designate Lot 13 as Outlot B. 2. A cross-access and maintenance agreement shall be recorded over the private street. 3. 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. 4. No burning permits shall be issued for trees to be removed. Trees and shrubs must either be removed from site or chipped. 5. Yellow curbing and "No Parking Fire Lane" signs will be required. Contact Chanhassen Fire Marshal for exact location of yellow curbing and locations of signs to be installed. Pursuant to Minnesota State Fire Code Section 503.3 and 503.4. 6. Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Submit turn around designs to City Engineer and Chanhassen Fire Marshal for approval. Pursuant to Minnesota State Fire Code Section 503.2.5. (Exception: the code official is authorized to increase the dimension of 150 feet where the building is equipped throughout with an approved automatic fire sprinkler Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 15 of 19 system installed in accordance with Minnesota State Fire Code Section 903.3.1.1, 903.3.1.2 or 903.3.1.3). 7. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protections shall be installed and made serviceable prior to and during the time of construction except when approved alternate methods of protection are provided. Pursuant to Minnesota State Fire Code Section 501.4. 8. Fire apparatus access roads 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 State Fire Code Section 503.2.3. 9. The new proposed street will be required to have a street name. Submit proposed to street name to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. Pursuant to Minnesota State Fire Code Section 503.3. 10. An additional fire hydrant will be required. Maximum spacing is 300 feet. Contact Chanhassen Fire Marshal for exact location of required additional fire hydrant. 11. Accessibility will have to be provided to all portions of the development and a percentage of the units may also be required to be accessible or adaptable in accordance with Minnesota State Building Code Chapter 1341. Further information is needed to determine these requirements. 12. The buildings are required to be protected with an automatic sprinkler system if they are over 8,500 sq. ft. in floor area. For the purposes of this requirement property lines do not constitute separate buildings and the area of basements and garages is included in the floor area threshold. 13. The buildings will be required to be designed by an architect and engineer as determined by the Building Official. 14. A final grading plan and soils report must be to the Inspections Division before building permits can be issued. 15. Walls and projections within 3 feet of property lines are required to be of one-hour fire-resistive construction. 16. Each lot must be provided with separate sewer and water services. 17. The developer and or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. 18. A wetland buffer 16.5 to 20 feet in width (with a minimum average of 16.5 feet) shall be maintained around Wetland 3. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. All structures shall maintain a setback of at least 40 feet from the wetland buffer edge. Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 16 of 19 19. The grading plan shall be revised to eliminate grading within the first 20 feet of the setback from the primary corridor. All structures shall maintain a minimum 40-foot setback from the primary corridor. The plans shall be revised to show that the structure on Lot 12, Block 1 meets the required 40-foot primary corridor setback. 20. Outlot A shall be protected in perpetuity through the dedication of the outlot to the City of Chanhassen or by the recording of a conservation easement, to be approved by the City, over the entire Outlot A. 21. All perimeter controls and inlet protections shall remain in place until 70% of the area is permanently protected by vegetative cover. 22. All area disturbed within 200 feet of Bluff Creek shall be stabilized within 3 days. 23. The plans shall be revised to show all areas with 3: 1 slopes or steeper that will be blanketed. 24. A stable emergency overflow (EOF) for the ponds shall be provided. 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 in the plan. 25. Energy dissipation shall be provided for all inlets and outlets within 24 hours of installation 26. Wimco-type or other comparable inlet controls shall be used and installed within 24 hours of installation of the inlets. 27. Typical building lot controls shall 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 Certificate of Occupancy (CO). 28. The proposed storm water ponds shall be used as a temporary sediment basin during mass grading. The pond shall be excavated prior to disturbing up-gradient areas. Plans shall show how the water will be diverted to the temporary basin. Berms and/or ditches may be needed to divert water to the pond, and temporary pond outlets are needed. The outlet could be a temporary perforated standpipe and rock cone. The plans shall be revised to include a detail for the temporary pond outlet. 29. An adequate easement for pond access for maintenance purposes is needed and shall be shown on the plan. 30. The proposed silt fence along Wetland 3 shall be Type 2 silt fence, as specified in Chanhassen Standard Detail Plate 5300. Type 1 silt fence may be used for the remainder of the site. The grading plan shall be revised to show the proposed silt fence following the grading limits for the site, including the 20-foot grading setback from the primary corridor. The perimeter controls shall be inspected by the city and the SWCD prior to grading. Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 17 of 19 31. The grading plan shall be revised to show the location of the proposed rock construction entrance. 32. Street cleaning of soil tracked onto public streets shall include daily street scraping and street sweeping as-needed. 33. The estimated total SWMP fee based on 2006 fees, due payable to the City at the time of final plat recording, is $28,670. 34. The owner/operator of the proposed development 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 IT Construction Site Permit), Minnesota Department of Natural Resources (for dewatering), Minnesota Department of Transportation, Minnesota Department of Health) and comply with their conditions of approval. 35. At least one tree is required in each front yard. 36. A landscape plan denoting areas of sod shall be submitted to the city. Common areas must be sodded and provided with irrigation. 37. Native plantings will be required along the northern edge of the development parallel to the wetland and Bluff Creek. These plantings shall be species selected from the Bluff Creek Management Plan planting list. A revised landscape plan shall be submitted prior to final plat approval to the city for approval. 38. Applicant shall increase understory plantings with the bufferyard areas to meet the minimum number of plantings required." 39. The developer must obtain permission from MNDOT before performing any work within the MNDOT easement. 40. The developer must obtain permission from Metropolitan Council to perform the proposed grading within the sanitary sewer interceptor easement. 41. Prior to final plat consideration, the developer must show the overhead utility easement on the plans. 42. The building footprint must not lie within the overhead utility easement. 43. The developer must comply with any setback requirements the overhead utility company Imposes. 44. The lowest floor elevations for Lots 1 through 4 must be raised to a minimum elevation of 963.1'. This condition may require a different housing type (SE, LO, R). 45. The lowest floor elevations for Lots 5 through 12 must be raised to a minimum elevation of 958.5'. Developer must modify 100-year elevation for Bluff Creek. Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 18 of 19 46. The final grading plan must identify an emergency overflow location and elevation for the proposed pond. 47. The grading plan must be adjusted so that soil grades are minimum 2%. 48. The proposed grading north and west of Lot 12 must be adjusted so that the drainage swale will not direct runoff toward the backs of Lots 11 and 12. 49. The six foot high berm on the east side of the private drive must be shifted to the east to provide minimum five feet of boulevard space. 50. The developer must ensure that the final grading plan does not include driveways sloping towards the homes on Lots 11 and 12. 51. Driveway grades must be between 1.5% and 10% at any point within the driveway. 52. The developer must submit existing and proposed drainage maps. 53. Hydraulic calculations must be submitted with the final plat submittals and must include storm sewer inlet capacity analysis to verify that 100% of the runoff from a lO-year event can be captured. 54. Prior to utility installation the developer must obtain a permit from Metropolitan Council to connect to the interceptor sewer. 55. The storm sewer installed with this project shall be privately owned and maintained since it does not serve public property. 56. Advanced warning and traffic control measures required during the watermain connection must comply with the latest addition of the Minnesota Manual on Uniform Traffic Control Devices. 57. The developer must submit a financial security with the final plat to ensure the restoration of West 78th Street and the bituminous trail. 58. Each new lot is subject to the sanitary sewer and water hookup charges. These fees are collected with the building permit and are based on the rates in effect at the time of building permit application. The party applying for the building permit is responsible for payment of these fees. 59. The lowest floor elevation of each unit must be shown on the utility plan. 60. Snow removal from the private drive must not encroach into the public right of way. 61. Storm sewer manhole at west driveway entrance should include a 3' sump." Galpin Crossing Twinhomes Planning Case 06-13 May 2, 2006 Page 19 of 19 C. ''The Planning Commission recommends approval of a Conditional Use Permit to permit development within the Bluff Creek Overlay District subject to the following conditions: 1. The grading plan shall be revised to eliminate grading within the first 20 feet of the setback from the primary corridor. All structures shall maintain a minimum 40-foot setback from the primary corridor. The plans shall be revised to show that the structure on Lot 12, Block 1 meets the required 40-foot primary corridor setback. 2. Outlot A shall be protected in perpetuity through the dedication of the outlot to the City of Chanhassen or by the recording of a conservation easement, to be approved by the City, over the entire Outlot A." ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Reduced Copy Existing Conditions. 4. Reduced Copy Preliminary Plat. 5. Reduced Copy Preliminary Grading and SWPPP Plan. 6. Reduced Copy Preliminary Site and Utility Plan. 7. Reduced Copy Preliminary Tree Inventory/Landscape Plan. 8. Reduced Copy Preliminary Buffer Yard Planting Plan. 9. Email from Larry Martin to Bob Generous dated April 25, 2006. 10. Email from Lance Erickson to Bob Generous dated April 26, 2006 11. Affidavit of Mailing Notice. g:\plan\2006 planning cases\06-13 gal pin crossing twinhomes\staff report.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Epic Development XVI, LLC request for rezoning from Agricultural Estate District, A2, to Planned Unit Development - Residential, PUD-R; Preliminary plat approval creating 13 lots and one Outlot with a Variance for a private street and more than four homes accessing a private street; and Conditional Use Permit for development within the Bluff Creek Overlay District. On May 2, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Epic Development XVI, LLC for a Planned Unit Development to permit a 12-unit twin home 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 - Low Density. 3. The legal description of the property is: See 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. Subdivision. 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 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; and 4). Lack of adequate off-site public improvements or support systems. 6. Variance (Private Street and more than four units on a private street). a. The hardship is not a mere inconvenience. b. The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. c. The conditions upon which the request is based are unique and not generally applicable to other property. d. The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. 2 7. Conditional Use Permit. When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: a. The proposed development will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed development will be consistent with the objectives of the city's comprehensive plan and the zoning ordiance. 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 of the 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 meets standards prescribed for certain uses as provided in this article. 8. The planning report #06-13 dated May 2,2006, prepared by Robert Generous, et aI, is incorporated herein. 3 RECOMMENDA TION The Planning Commission recommends that the City Council approve the Planned Unit Development for Galpin Crossing Twinhomes. ADOPTED by the Chanhassen Planning Commission this 2nd day of May, 2006. CHANHASSEN PLANNING COMMISSION BY: Its Chairman 4 EXlllBIT A PARCEL A: That part of the southwest Quarter of the southwest Quarter of section 10, Township 116, Range 23 and the Northwest Quarter of the Northwest Quarter of scction 15, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at the southwest comer of said section 10; thence on as assumed bearing of North 1 degree 56 minutes 40 seconds west along the West line of said Southwest Quarter, a distance of 1026.89 feet; thence south 79 degrees 32 minutes 20 seconds East, a distance of 177.77 feet; thence south 86 degrees 32 minutes 20 seconds East, a distance of 100.40 feet; thence south 78 degrees 32 minutes 20 seconds East, a distance of 194.14 feet; thence south 74 degrees 32 minutes 20 seconds East, a distance of 150.00 feet; thence south 47 degrees 17 minutes 20 seconds East, a distance of 75.43 feet; thence North 82 degrees 42 minutes 40 seconds East, a distance of 74.98 feet; thence south 58 degrees 17 minutes 20 seconds East, a distance of 84.58 feet; thence south 89 degrees 17 minutes 20 seconds East, a distance of 164.63 feet; thence south 18 degrees 17 minutes 40 seconds west, a distance of 824.19 feet to the northerly right of way line of Trunk Highway 5; thence North 85 degrees 54 minutes 50 seconds West along said northerly right of way, a distance of 33.08 feet; thence south 56 degrees 40 minutes 55 seconds West along said northerly right of way, a distance of 158.95 feet; thence North 85 degrees 54 minutes 50 seconds West along said northerly right of way, a distance of 518.22 feet to the west line of the Northwest Quarter of section 15, Township 116, Range 23; thence North 1 degree 37 minutes 50 seconds West along said west line of the Northwest Quarter, a distance of 9.12 feet to the point of beginning. which lies northwesterly of that particular northwesterly right-of-way line of Parcel 216, as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10-08, recorded as Document No. 265755 and as amended on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10-14, recorded as Document NO. 279658, described as follows: commencing at the southwest comer of said section 10; thence on an assumed bearing of North 1 degree 56 minutes 40 seconds west, along the west line of the Southwest Quarter of said section 10, a distance of 401.19 feet, to a particular right-of-way line of said parcel 216 and the point of beginning of the line to be described; thence North 47 degrees 18 minutes 16 seconds East a distance of 175.14 feet, to an angle point in said right-of-way line; thence North 47 degrees 18 minutes 19 seconds East a distance of 22.71 feet, to a point of curvature in said right-of-way line; thence easterly a distance of 662.60 feet, along a non-tangential curve concave to the south having a radius of 633.04 feet and a central angle of 59 degrees 58 minutes 14 seconds and having a chord of 632.76 feet which bears North 77 degrees 17 minutes 27 seconds East to an angle point in said right-of-way line; thence North 56 degrees 16 minutes 30 seconds East, not tangent to said curve a distance of 114.28 feet, to an angle point in said right-of-way line; thence North 22 degrees 13 minutes 10 seconds East, along said right-of-way line, a distance of 116.13 feet and said line there terminating. 5 (.jb Planning Case No. 0 to - 13 CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 CITY OF CHANHASSEN RECEIVED DEVELOPMENT REVIEW APPLICATION MAR 1 7 2006 PLEASE PRINT CHANHASSEN PLANNING om Applicant Name and Address: Owner Name and Address: EpJ{ /)(3w-;u::,PJJl8J{.x V"]: 1 t.Le... - ~J11e hS ItPPL-l~T - 9B'20 ~k Y l-ftj.j~ . cO~N P;<J1-'K/~; J1JN 6"5?>4-rJ Contact: ~&I 1? MIFf z... Contact: Phone/~~)'13'b-~/f- Fax(9Gt1}9~-355"'7 Phone: Fax: Email: rrtt14.+Z~ &u-thlthK~ _ her Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Temporary Sales Permit Interim Use Permit (IUP) Vacation of Right-of-Way/Easements (VAC) V <}OO. - ~ Variance (VAR) ? Wetland Alteration Permit (WAP) Non-conforming Use Permit l Planned Unit Development* JJL Zoning Appeal Rezoning Zoning Ordinance Amendment Sign Permits Sign Plan Review X Notification Sign - $200 (City to install and remove) Site Plan Review (SPR)* V f.A1'l oJ. II 'i y I:;;; ~ "7 '67). -- ~ Subdivision* t'vv' \i x ~ Filing Fees/Attorney Cost** $5 /SPRNACNARlWAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $J,to55 bO 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. *Sixteen (16) full-size folded copies of the plans s~ including an 8%" X 11" reduced copy for each plan sheet along with diaital copy in TI F-Group 4 (*.tif) format. **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. SCANNED PROJECT NAME: G- It,-PIAJ ~RDtJ6 11-1&- "'Twl N HOYlAfr-S LOCATION: tJbrz:rn~~T eo~R b'F' W. ~"rn~ ~ G-Al-PlN Ft..IID ::[..,.J,"CflS"iGTli:i#J LEGAL DESCRIPTION: -5GE ~ TOTAL ACREAGE: :t: ~. df ACt2:';.. S X 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 my knowledge. 3~~f- Date 5/I7JF Date G:\pLAN\forms\Development Review Application.DOC Rev. 12/05 SCANNED W}'J,'f:'J.!!D:r- ...y~.'" .........'7....... ..' ~r}~::~~X?f::~~~~.~~ . '. : . -, ,.' . ~ '- ': ' ;':-j "-",':Yl - j I '/ ./ J' .,r EXHIBIT A PARCEL A: That part of the southwest Quarter of the southwest Quarter of section 10, Township 116, Range 23 and the Northwest Quarter of the Northwest Quarter ofscction 15, Township 116, Range 23, Carver County, Minnesota, described as follows: Beginning at the southwest comer of said section 10; thence on as assumed bearing of North 1 degree 56 minutes 40 seconds west along the West line of said Southwest Quarter, a distance of 1026.89 feet; thence south 79 degrees 32 minutes 20 seconds East, a distance of 177.77 feet; thence south 86 degrees 32 minutes 20 seconds East, a distance of 100.40 feet; thence south 78 degrees 32 minutes 20 seconds East, a distance of 194.14 feet; thence south 74 degrees 32 minutes 20 seconds East, a distance of 150.00 feet; thence south 47 degrees 17 minutes 20 seconds East, a distance of75.43 feet; thence North 82 degrees 42 minutes 40 seconds East, a distance of74.98 feet; thence south 58 degrees 17 minutes 20 seconds East, a distance of84.58 feet; thence south 89 degrees 17 minutes 20 seconds East, a distance of 164.63 feet; thence south 18 degrees 17 minutes 40 seconds west, a distance of 824.19 feet to the northerly right of way line of Trunk Highway 5; thence North 85 degrees 54 minutes 50 seconds West along said northerly right of way, a distance of33.08 feet; thence south 56 degrees 40 minutes 55 seconds West along said northerly right of way, a distance of 158.95 feet; thence North 85 degrees 54 minutes 50 seconds West along said northerly right of way, a distance of518.22 feet to the west line of the Northwest Quarter of section 15, Township 116, Range 23; thence North 1 degree 37 minutes 50 seconds West along said west line of the Northwest Quarter, a distance of9.12 feet to the point of beginning. which lies northwesterly of that particular northwesterly right-of-way line of Parcel 216, as shown on MlNNESOT A DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10- 08, recorded as Document No. 265755 and as amended on MlNNESOT A DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 10-14, recorded as Document NO. 279658, described as follows: commencing at the southwest comer of said section 10; thence on an assumed bearing of North 1 degree 56 minutes 40 seconds west, along the west line of the Southwest Quarter of said section 10, a distance of 401.19 feet, to a particular right-of-way line of said parcel 216 and the point of beginning of the line to be described; thence North 47 degrees 18 minutes 16 seconds East a distance of 175.14 feet, to an angle point in said right-of-way line; thence North 47 degrees 18 minutes 19 seconds East a distance of22.71 feet, to a point of curvature in said right-of-way line; thence easterly a distance of662.60 feet, along a non-tangential curve concave to the south having a radius of633.04 feet and a central angle of 59 degrees 58 minutes 14 seconds and having a chord of 632. 76 feet which bears North 77 degrees 17 minutes 27 seconds East to an angle point in said right-of-way line; thence North 56 degrees 16 minutes 30 seconds East, not tangent to said curve a distance of 114.28 feet, to an angle point in said right-of-way line; thence North 22 degrees 13 minutes 10 seconds East, along said right-of-way line, a distance of 116.13 feet and said line there terminating. 3 GeMlNED " .. z Ol Its~ I~l orB ~ ,,~ i!U{!!~ ~ j j j] II ~ ,=1 !i~ I II) .. lIil z~ ~ ii~ C (I-J t>>E ...- I~II z-O II) '-. 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" I- ~ Z " " ~ f . 19 i 0 " " " " " " =- ---- !' _..-:::.-:::!.i .---:;":"'-' / / / / / / / / / / / ~ ;z '" (J) (J) 10 ;z~ 1m 00 ...'" 00: r:: o .... :g D1 ~ ~ 0) ~ ...., ~ if: i o:::r ~ g ....~ 5: f- a -! f- :::> a ~ I ~ ~ 9 Galpin Crossing Twinhomes Page 1 of 2 Generous, Bob From: Larry Martin [1m martin @mchsLcom] Sent: Tuesday, April 25, 2006 9:51 AM To: Generous, Bob Cc: Tom & Sharon Krause Subject: Galpin Crossing Twinhomes I want to express my concerns pertaining to the proposed Galpin Crossing Twinhomes. I support the developer's right to develop this parcel and want to work with them to insure that the development corresponds with neighborhood character. Please pass my comments on to commission members, council members and the developer. I think Chanhassen has been successful in creating neighborhood communities. I fail to see how this development creates any community or provides "space" for the eventual occupants. Children would have little play room and would be very close to a street that is already busy and destined to get much busier. I do not know the standards for density of units, but these units appear to be very close to each other. Although the entire parcel is 6 acres, the structures appear to be on an area about 1.5 acres. This would be a density of 8 units per acre and that includes driveways. My math may not be the way these development densities are calculated, but placing structure like was done for units 3 and 4 seems to be pushing good development. Is a variance neede between lots 2 and 3. The original proposal had only 10 units. Unit 3 would appear to have its roof corner about 30' from the High Voltage Transmission Line. Are there any guidelines on this? It is possible that Chanhassen will eventually install a Wi-Fi network. How will this placement affect connectivity? Will there be a need for a 4 way stop sign for the twinhome's private road and the proposed office complex? Will 78th Street have a median and turn lane, as left turns into the office complex will be the norm? I have had experience in the past where a developer gets approval for a parcel and a separate builder finishes out construction. The result was not a pleasing architectural appearance or consistent in appearance or features. Will the units be owner occupied or offered as rental units? Will they be covered by an association or left for individual maintenance and free to be painted, landscaped and maintained individually? If they are individually owned who maintains the required landscaping. Who maintains the extensive Outlot A.? Will the 4 willow trees along the west border be saved, or will construction of units 1 and 2 cause them to be excessed. What are the requirements to have architecture be consistent with adjacent property? Will the soil conditions support this many structures? I am not against the development. My hope is that it can be accomplished in a manner that will enhance the neighborhood and that will be looked upon as a community asset 10 years from now. Thanks for your ear. Respectfully, 4/25/2006 Page 1 of2 Generous, Bob From: Sent: To: Cc: ELANCE389@aol.com Wednesday, April 26, 2006 11 :53 AM Generous, Bob kraushaus1 @msn.com; Igriffith@sunsrce.com; LMMartin@mchsLcom; m.magnuson@mchsLcom; bjelseth@msn.com; rpamperim@ msn.com; mn05gelino@yahoo.com; jimchmura@hotmail.com; tee_hee@msn.com; jerry.wolfe@mchsLcom; mlshields2@mchsLcom; T Ander8685@aol.com; rpdebol@ mchsi .com Subject: Galpin Crossing Twinhomes I live at 7735 Vasserman Trail, across the pond west of the proposed development, and cannot attend the meeting on May 2, 2006. Please pass on my concerns to the planning commission, the city council, and the developer. The original plan called for 10 units, but the planning commission suggested a different use, i.e. Day Care etc. The current plan stays with twin homes, and adds two more units, increasing density in an already crowded area. This leads to some of the following effects: * Unit 12 seems to be built on an easement * Most have little or no back yards * Units 1, 2, 3, & 4 appear to be built almost on the west property line, and right under or near the High Voltage Line. Any easement problem here? Granting a Variance for a private street is very unusual for a city the quality of Chanhassen. Some of the concerns associated with this are: * A homeowners association will be necessary, as the private street will have to be maintained by the 12 unit owners. They will have snowplowing, spring cleaning, seal coating and repairs which are usually provided by the city. * A homeowners association of only 12 owners does not sustain itself economically. * With a narrow private street, there would be need for guest parking of at least 6 stalls. None is proposed, as there is no room in the plan. * Units 1, 2, 5, & 6 may not have enough set back room to park in their own driveway. * There should be II Finding of Fact II for this variance. Units 1 thru 6, are located in an area that has standing water after rainstorms. Piping water from the south side of west 78th street to a newly created pond may not be enough to prevent flooding. Has this plan been evaluated to withstand a 100 Year Rainstorm? In summary, it appears that the construction of west 78th street does not allow enough room on the property to accommodate the type of development proposed. I am in favor of the owners right to make use of the property, but feel a different development should be considered. Is the city staff recommending this to the planning commission? A small association, with high monthly dues, sitting right on west 78th street, crowded 4/26/2006 Page 2 of 2 into a small area will lead to poor maintenance. This does not appear to be consistent with the high standards followed by the City of Chanhassen. Sincerely, Lance Erickson 4/2612006 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on April 20, 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 Galpin Crossing Twinhomes - Planning Case 06-13 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 sw9{11 to before me this~tIay of~, 2006. I KIM T. MEUWISSEN I ~~... .. Notary Public-Minnesota < .;,.... 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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 user's access or use of data provided. ._.;!!:~.. . "~ai.;;.:c~.:',=:.~_.~ 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. ij 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 user's access or use of data provided. US HOME CORP 935 EAST WAYZATA BLVD WAYZATA. MN 55391 -1849 THEODORE F & MARLENE M BENTZ 7300 GALPIN BLVD EXCELSIOR. MN 55331 -8011 MARK A & SARAH L PLETTS 7517 BENT BOW TRL CHANHASSEN . MN 55317 -6401 JEFFREY M & TIFFANY M WEYANDT 7626 RIDGEVIEW WAY CHANHASSEN . MN 55317 -4507 THEODORE A & ANGELA M ELLEFSON 7609 WALNUT CRV CHANHASSEN . MN 55317 -9395 DAVID & MELISSA WINDSCHITL 7620 RIDGEVIEW WAY CHANHASSEN . MN 55317 -4507 MARK T & ALICIA F SCHIMKE 7626 PRAIRIE FLOWER BLVD CHANHASSEN . MN 55317 -8334 SRIRAM VISWANATHAN & GAYATHRI SAMBASIVAN 7614 RIDGEVIEWWAY CHANHASSEN. MN 55317 -4507 WALNUT GROVE HOMEOWNERS ASSN C/O GITTLEMAN MGMT CORP 1801 E 79TH ST SUITE 21 BLOOMINGTON. MN 55425 -1230 KATHRYN T STODDART 7305 GALPIN BLVD EXCELSIOR. MN 55331 -8059 MODEL HOMES LLC 1997 TOPAZ DR CHANHASSEN . MN 55317 -7593 KLlNGELHUTZ DEVELOPMENT CO 350 HWY 212 E PO BOX 89 CHASKA . MN 55318 -0089 MARK I & MAUREEN E MAGNUSON 7715 VASSERMAN TRL CHANHASSEN . MN 55317 -4506 VASSERMAN RIDGE PROMENADE INC C/O U S HOME CORP 935 WAYZATA BLVD E WAYZATA. MN 55391 -1849 RALPH H PAMPERIN & BARBARA J ELSETH 7719 VASSERMAN TRL CHANHASSEN . MN 55317 -4506 LAWRENCE M & MICHAELE A MARTIN 7725 VASSERMAN TRL CHANHASSEN . MN 55317 -4506 SUSAN M ERICKSON 2198 BANEBERRY WAY W CHANHASSEN. MN 55317 -8338 CHRISTOPHER B CESAR 2194 BANEBERRY WAY W CHANHASSEN . MN 55317 -8338 CHARLES L & GAIL E GELlNO 7729 VASSERMAN TRL CHANHASSEN . MN 55317 -4506 G THOMAS & PHYLLIS 0 SUTCLIFFE 7710 VASSERMAN TRL CHANHASSEN . MN 55317 -4506 KAREN N SCHUELE 7714 VASSERMAN TR CHANHASSEN . MN 55317 -4506 HANG CHAN & CHEUKWAI CHONG 2201 BANEBERRY WAY W CHANHASSEN . MN 55317 -8339 BRIAN D SMITH 2197 BANEBERRY WAY W CHANHASSEN. MN 55317 -8340 MELISSA A HEIN 2193 BANEBERRY WAY W CHANHASSEN . MN 55317 -8340 DIANNE JANICE ERICKSON TRUSTEE OF TRUST 7735 VASSER MAN TRL CHANHASSEN. MN 55317 -4506 ROBERT L & NANCY R BRANDON 7720 VASSERMAN TRL CHANHASSEN . MN 55317 -4506 MARYANN TOMPKINS 7724 VASSERMAN TRL CHANHASSEN. MN 55317 -4506 ROBERT L GRIFFITH & GABRIELLE GRIFFITH 7739 VASSERMAN TRL CHANHASSEN . MN 55317 -4506 SALLY LYMAN 7730 VASSERMAN TRL CHANHASSEN. MN 55317 -4506 TED B KENDALL & CYNTHIA FRENCH KENDALL 7766 VASSERMAN PL CHANHASSEN . MN 55317 -4536 JAMES H & AMELIA A CHMURA 7745 VASSERMAN TRL CHANHASSEN . MN 55317 -4506 ARTEMAS ROBERTS III & MARY K ROBERTS 7762 VASSERMAN PL CHANHASSEN . MN 55317 -4536 LARRY S & TERESA M HANSON 7734 VASSERMAN TRL CHANHASSEN . MN 55317 -4506 THOMAS E & HELEN E ERNST 7749 VASSERMAN TRL CHANHASSEN , MN 55317 -4506 DIANE JULSON 7740 VASSERMAN TRL CHANHASSEN. MN 55317 -4506 GERALD P & PEGGY A WOLFE 7755 VASSERMAN TRL CHANHASSEN . MN 55317 -4506 CONVENIENCE STORE INVESTMENTS PO BOX 2107 LACROSSE. WI 54602 -2107 GEORGE B & HELEN K ASSIE 31 WOOD MEADOWS LN SASAKA TOON . SK S7T1 C7- THOMAS W & SHARON D KRAUS 7744 VASSERMAN TRL CHANHASSEN . MN 55317 -4506 STANLEY W VALENSKY & MARY LYNN V ALENSKY 7752 VASSERMAN PL CHANHASSEN. MN 55317 -4536 MICHAEL L & CAROLYN L SHIELDS 7759 V ASSERMAN TRL CHANHASSEN . MN 55317 -4506 RUTH H MITAL 7750 VASSERMAN TRL CHANHASSEN . MN 55317 -4506 VASSERMAN RIDGE MASTER ASSOC C/O U S HOME CORP 935 WAYZATA BLVD E WAYZATA. MN 55391 -1849 JIM R & BONNIE B HUDSON 7754 VASSERMAN TRL CHANHASSEN. MN 55317 -4506 SERLIN PROPERTIES LLC 1747-01 OCCUPANCY EXP DEPT 1 CVS DR WOONSOCKET. RI 02895 -6146 Public Hearing Notification Area (500 feet) Galpin Crossing Twinhomes Planning Case No. 06-13 NW Corner West 78th Street & Galpin Blvd. City of Chanhassen W 78TH 5 Arboretum Soul Street evard -"'--'-"._-'--'-'-'-"~"'-""-"'-""""-"'..................-.......... f "',.. f ') I ///// I / I \\///// j i \ I /////~\ Coufte r Bo'u; ev'a:rcr'-~'