PC Staff Report 1-2-07 PC DATE:
January 2, 2007
2
CC DATE:
January 22, 2007
CITY OF CHANHASSEN
REVIEW DEADLINE:
January 30, 2007
CASE #:
07-02
BY:
AF, RG, LH, ML, JM, JS
STAFF REPORT
PROPOSAL:
Request for Rezoning from RR, Rural Residential, to RSF, Single Family Residential;
Comprehensive Land Use Map Amendment from Residential-Large Lot to Residential-Low Density on the
APPLICANT
westerly portion of Lot ; Subdivision of approximately 20 acres into 22 lots and 3 outlots; Variances and Vacation
THE ARBORS
of existing right-of-way – .
LOCATION:
7537 and 7570 Dogwood Road. Lots 1 and 2, Block 1, Zimmerman Farm 1st Addition
APPLICANT:
Carlson Custom Homes, Inc. Peter and Dee Brandt
1440 Bavarian Shores Dr. 7570 Dogwood Road
Chaska, MN 55318 Chanhassen, MN 55317
(952) 475-8045
PRESENT ZONING:
Rural Residential District, RR
2020 LAND USE PLAN:
Residential – Large Lot and Residential – Low Density
ACREAGE:DENSITY:
gross: 1.10 units per acre; net: 1.36 units per acre
SUMMARY OF REQUEST:
The developer is proposing a 22 lot single-family residential
subdivision.
SITE DATA
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City has a relatively high level of discretion in approving rezonings because the City is acting in its
legislative or policy making capacity. A rezoning must be consistent with the City’s Comprehensive
Plan.
The City’s discretion in approving or denying a preliminary plat is limited to whether or not the proposed
plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these
standards, the City must approve the preliminary plat. This is a quasi judicial decision.
The City’s discretion in approving or denying a variance is limited to whether or not the proposed
project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level
of discretion with a variance because the applicant is seeking a deviation from established standards.
This is a quasi judicial decision.
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Planning Case 07-02
January 2, 2007
Page 2 of 18
PROPOSAL/SUMMARY
The site currently contains two single-family homes on lots platted as part of the Zimmerman Farm
Addition in 1990.
The applicant is proposing a 22 lot single-family residential development on approximately 20
acres. The two existing homes on the properties will remain. The primary access to the site will be
th
via an extension of West 78 Street.
The property to the north and east is zoned Office and Institutional District, OI, and is part of the
Westwood Community Church site. The property to the south is zoned Rural Residential, RR, and
is part of the Minnesota Landscape Arboretum. The property to the west is zoned Single-family
Residential District, RSF, and includes single-family homes within the Sunset Hill on Lake
Minnewashta Addition.
Water and sewer service as well as an upgrade to Dogwood Road is proposed as part of a City
project. The proposed development of the site is contingent on the City undertaking those public
improvements. Without the City utilities, this project is premature. Dogwood Road is proposed to
be realigned with the utility easement to minimize the amount of tree loss due to road construction.
The site varies from gentle grass slopes on the east side to steeper wooded slopes on the west
side. The high point of the property lies on the east side at an elevation of 1039. The site slopes
down to Lake Minnewashta which has an ordinary high water (OHW) elevation of 944.5. The
northwest corner and western portion of the site, approximately one-third of the property, is
wooded with the balance of the site in open field.
Location Map
The Arbors
Planning Case No. 07-02
City of Chanhassen
/
/
lake Minnewashta
Il>V~
H 5 Arboretum Boulevard
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Planning Case 07-02
January 2, 2007
Page 3 of 18
The project approval includes a land use amendment from Residential - Large Lot to Residential -
Low Density for the home site west of Dogwood, a rezoning from Rural Residential, RR, to Single-
Family Residential, RSF and preliminary plat approval for 22 lots, 3 outlots and right-of-way for
public streets. The proposed lots are all in excess of the minimum requirements of the RSF district.
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 II, Division 3, Variances
Chapter 20, Article VI, Wetland Protection
Chapter 20, Article VII, Shoreland Management District
Chapter 20, Article XII, RSF Single-Family Residential District
BACKGROUND
In 2005, Westwood Community Church extended West 78th Street from Highway 41 to their
driveway to permit the expansion of their campus. Additionally, Westwood dedicated the right-of-
way for the extension of West 78th Street to the western property line to permit the future extension
of the street.
In 2002, project #2002-5 for Timber Lake, a residential subdivision of the property was submitted
for the site. Ultimately, the application was withdrawn due to the lack of public infrastructure.
On June 4, 1990, the City of Chanhassen approved the final plat for Zimmerman Farm creating the
two lots being subdivided as part of the current development proposal.
In January 1990, the subdivision of these parcels, consisting of 20 acres, was reviewed by the
Planning Commission. The issue of access to the property was the primary area of discussion. At
that time, staff was recommending that right-of-way be dedicated from the end of Dogwood Road
to Crimson Bay Road.
Sometime between June 1989 and January 1990, the 100 acres was split into an 80-acre parcel and a
20-acre parcel. State statutes define these types of splits as exempt from the subdivision review
requirements without requiring Planning Commission or City Council approval.
On June 21, 1989, the Planning Commission reviewed a preliminary plat to subdivide 100 acres into
three single-family lots of ten, five and five acres and one 80-acre outlot. The primary issue of
discussion was the locations of trail easements and the extent of improvements to the existing road.
The Planning Commission tabled the item.
Van Doren-Hazard-Stallings, Inc. prepared a feasibility study for Tanadoona Drive and Dogwood
Road in June 1988. The study looked at four alternatives for providing access to Highway 41,
improving both Dogwood Road and Tanadoona Drive. However, a connection to Crimson Bay was
The Arbors
Planning Case 07-02
January 2, 2007
Page 4 of 18
not evaluated as part of the study. The residents withdrew their request for public street
improvements after reviewing the feasibility cost estimates.
In 1987, the City Council approved a preliminary plat for this property. The major issue that
surfaced during the development review was the provision of road access to the lots. On July 6,
1987, the City Council approved the preliminary subdivision with the following conditions:
1. The applicant shall be required to install a cul-de-sac into Lot 3, at the end of Dogwood;
however, the applicant may be allowed to put in a driveway as approved by City Staff.
2. No development shall occur on either five-acre lots until completion of a feasibility study and
the plans for that road are determined.
3. A feasibility study shall be initiated to evaluate the alternatives to improving Dogwood Road
and Tanadoona Drive, as well as evaluating the connection to the Worm property (Crimson
Bay) to the south.
4. The developer shall be required to enter into a development agreement guaranteeing the
installation of the improvements and provide financial sureties as required.
5. Dedication of a 20-foot trail easement along the south and east property lines.
The proposed subdivision was not pursued further and no development took place.
LAND USE AMENDMENT
In 2001, City staff initiated a proposed land use map amendment for the properties along
Dogwood. Planning Staff held an open house at the Chanhassen Recreation Center on Tuesday,
January 23,2001, to discuss land use and zoning inconsistencies. These properties were some of
the properties that were discussed as being up for change.
Staff processed amendments to the Comprehensive Plan and Zoning map to ensure they were
consistent and this will be one of the changes that was processed. The recommendation was to
re-guide the property from large lot residential to low density residential, which is consistent
with the RSF zoning except for the portion west of the southerly extension of Dogwood Road of
Zimmerman Farm 151 Addition, which is currently zoned Rural Residential, RR. At that time, the
Planning Commission tabled the amendment to address the issue of the provision of urban
services to this area. Now that City utilities are being proposed, one of the properties is in for
development review.
A land use amendment is necessary to permit the subdivision of the property on the west side of
Dogwood. The rest of the properties west of Dogwood are subdivided in to lots of less than 2.5
acres.
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Planning Case 07-02
January 2, 2007
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Lot, and Subdivision Address Lot Area Frontage
(square feet) (feet)
1, Sunset Hill on Lake Minnewashta 7301 Dogwood 36,426 108
2, Sunset Hill on Lake Minnewashta 7311 Dogwood 48,908 171
3, Sunset Hill on Lake Minnewashta 7321 Dogwood 42,540 149
4, Sunset Hill on Lake Minnewashta 7331 Dogwood 37,896 126
5, Sunset Hill on Lake Minnewashta 7341 Dogwood 31,535 102
6, Sunset Hill on Lake Minnewashta 7401 Dogwood 40,966 102
7, Sunset Hill on Lake Minnewashta (formerly lots 7 7431 Dogwood 120,001 372
-10), consisting of three amended parcels.
1, Getsch Addition 7460 Dogwood 44,506 101
2, Getsch Addition 7480 Dogwood 61,369 125
3, Getsch Addition 7530 Dogwood 53,282 141
4, Getsch Addition 7550 Dogwood 54,955 100
5, Getsch Addition 7560 Dogwood 55,065 124
1, Zimmerman Farms 1st Addition 7570 Dogwood 438,788 30
On December 7, 2006, the City submitted the proposed land use map amendment to all the
adjacent governmental jurisdictions for their review and comment. Upon City Council review,
the proposed amendment must be submitted to the Metropolitan Council for their review and
determination of compliance with the regional plan.
The proposed amendment would permit the development of the property as proposed as well as
be consistent with the existing uses of the properties north of the site on the west side of
Dogwood and compatible with the Office Institutional uses to the north and east. Staff is
recommending approval of the land use map amendment for the 2.57 acres of the development
west of the Dogwood extension contingent on Metropolitan Council review.
REZONING
The proposed rezoning is consistent with the Residential - Low Density land use designation of
the property which permits net densities of 1.2 - 4.0 units per acre. The Single Family
Residential District, RSF, is consistent with this land use category and is the typical zoning for
single-family residential developments in the City. Other zoning districts that would be consistent
with the Residential - Low Density designation include Mixed Low Density Residential District,
R4, Low and Medium Density Residential District, RLM, and Planned Unit Development -
Residential, PUD-R.
Staff is recommending approval of the rezoning subject to approval of the land use map
amendment and final plat approval.
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January 2, 2007
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SUBDIVISION REVIEW
RIGHT-OF-WAY
The proposed development was platted as Zimmerman Farm 1st Addition in 1991 and included a
30-foot wide right-of-way for Zimmerman Road. This street was never constructed and is not
needed due to the proposed West 78th Street extension; therefore, this right-of-way will be vacated
in conjunction with the final plat.
GRADING AND DRAINAGE
The developer proposes to mass grade the majority of the site. Lots 1 through 3, Block 1 are
proposed custom-grade lots. In order to meet the 10% maximum allowable driveway grade on
these lots, the builder may have to put steps in the garage to accommodate the grade change.
The plans do not show proposed grading on Lots 1 through 3, Block 3 since the owner of the
existing home within proposed Lot 1, Block 3 intends to retain ownership of the area encompassed
by these proposed three lots and final plat at a later date.
A pond is proposed in the southwest comer of Block 2. The pond is to treat runoff from the
majority of the lots within the development, the new portion of West 78th Street within the plat, and
approximately 440 feet of the proposed Dogwood Road extension. Based on the hydrology
calculations submitted, the dead pool volume of the pond needs to be increased by 360 cubic feet to
meet the MPCA Phase IT requirements.
The proposed 1036-foot contour on Lots 12 and 14, Block 1 must be shifted so that the backyard
grade is minimum 2%.
The proposed major contours must be a different line weight or type.
Basedon the grading plan, the home on Lot 5, Block 1 will be a walkout, not a full basement.
RET AINING WALLS
The developer proposes to construct a tiered retaining wall system on the south side of Lot 4, Block
1, south of the existing home. The top and bottom elevations of the wall must be shown on the
grading plan; it appears that each tier will be a maximum of four feet high.
EROSION AND SEDIMENT CONTROL
A NPDES Phase II Construction Site Storm Water Permit will be required from the Minnesota
Pollution Control Agency (MPCA) for this site. A Storm Water Pollution Prevention Plan
(SWPPP) will be required in conjunction with this application. The SWPPP should be provided to
the City so it can be reviewed by the Carver Soil and Water Conservation District prior to the
preconstruction meeting for the project.
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Planning Case 07-02
January 2, 2007
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The proposed storm water pond should be constructed prior to disturbing upgradient areas and used
as a temporary sediment basin during mass grading. Diversion berms/ditches may be needed to
divert water to the pond and a temporary pond outlet should be provided. 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.
It should be noted on the SWPPP that all areas that will not be permanently stabilized within the
timeframe required by the NPDES permit should be temporary mulched and seeded. A note shall
be included in the dewatering section of the SWPPP that states: "If construction of the proposed
temporary/permanent sediment pond is not completed prior to dewatering, the City's on-site
construction observer must approve proposed dewatering methods prior to beginning dewatering."
The plans should be revised to incorporate Chanhassen' s standard details for erosion and sediment
control, including 5302A and 5302D. Proposed erosion and sediment controls for individual lots
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.
The applicant shall provide erosion and sediment control along the south and east property lines to
prevent discharge of sediment onto adjacent properties.
All silt fence that is not laid parallel to the contours should have J Hooks installed every 50 -75 feet.
This should be noted on the plans and discussed at the preconstruction meeting.
Energy dissipation should be provided at the inlet to the proposed pond and at the end of the
discharge pipe that outlets to the wetland within 24 hours of pipe installation. The discharge
location for the outlet of the proposed pond should be evaluated to ensure that the proposed
discharge will not cause erosion issues. Reinforced erosion control matting may be required.
A stable emergency overflow (BOp) for the stormwater pond should be provided. The EOF could
consist of riprap and geotextile fabric or a turf reinforcement mat (a permanent erosion control
blanket). A typical detail should be included in the plan. The overland route from the EOF to Lake
Minnewashta should be shown on the plans and should be encumbered by a drainage and utility
easement.
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 Time (Maximum time an area can
Steeper than 3: 1 7 days remain open when the area
10:1 to 3:1 14 daysis not actively being worked.)
Flatter than 10: 1 21 days
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,
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January 2, 2007
Page 8 of 18
storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that
discharge to a surface water.
Inlet protection may be needed prior to installation of the castings for the curbside catch basins. In
that case, all storm sewer inlets should be protected by at least fabric draped over the manhole with
a steel plate holding the fabric in place.
The plans should be revised to show a rock construction entrance (minimum 75 feet in length)
wherever construction traffic will access the site. The rock construction entrance should be
constructed in accordance with Chanhassen's Standard Detail 5301. Street cleaning of soil tracked
onto public streets shall include daily street scraping and street sweeping as needed.
SURFACE WATER MANAGEMENT PLAN (SWMP) CONNECTION CHARGES
Water Quality Fees
Because of the impervious surface associated with this development, the water quality fees for this
proposed development are based on rural residential development rates of $1,900/acre. Therefore,
the water quality fees associated with this project are $33,478.
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 $3,100 per developable acre. This
results in a water quantity fee of approximately $54,622 for the proposed development.
SWMP Credits
This project proposes the construction of one NURP pond. The applicant will be credited for 50%
of the water quality charge for each acre draining to the NURP pond on-site.
At this time, the estimated total SWMP fee, due payable to the City at the time of final plat
recording, is $74,570.50.
UTILITIES
Lateral sanitary sewer and watermain to serve the proposed development are proposed to be
constructed in conjunction with City Project 06-06, DogwoodlTanadoona Street and Utilities. City
Council ordered the preparation of the feasibility study for Project 06-06 on November 27, 2006. In
January, 2007, staff expects that the City Council will consider accepting the feasibility report and
ordering the preparation of plans and specifications.
Portions of the project costs for Project 06-06 are proposed to be assessed to the existing residents
along Dogwood Road and the proposed units within The Arbors plat. Staff has met with the
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Planning Case 07-02
January 2, 2007
Page 9 of 18
residents several times throughout the past 18 months to discuss Project 06-06; the neighborhood is
generally supportive of the project.
Under Project 06-06, eight-inch gravity sanitary sewer will extend from the intersection of the
Dogwood RoadlWest 78th Street intersection to the lift station located near the southeast comer of
Dogwood Road and Tanadoona Drive. Lift station and forcemain upgrades are also proposed with
Project 06-06. The remainder of lateral sanitary sewer to serve the proposed development will be
installed and paid for by the developer. Based on the information provided, lots within the
preliminary plat will not require an ejector pump.
In conjunction with Project 06-06, eight-inch lateral watermain will extend from the Dogwood
RoadlWest 78th Street intersection to the existing stub within Tanadoona Drive, which is
approximately 1100 feet east of the Dogwood RoadfTanadoona Drive intersection. The remainder
of the lateral watermain to serve the development will be installed and paid for by the developer.
Eight-inch lateral sanitary sewer and watermain will be stubbed south of the Dogwood
RoadfTanadoona Drive intersection to service Lots 1 through 3, Block 3 when they are final platted,
and to provide service to the residences on Crimson Bay Road to the south. A pressure reducing
station will likely be required for the Crimson Bay residents. Due to a significant drop in grade
from the Dogwood RoadlWest 78th Street intersection to Crimson Bay, sanitary sewer service for
Crimson Bay will likely require a lift station and forcemain.
Due to the timing of The Arbors and Project 06-06, Staff anticipates that grading and utility
installation for The Arbors would be done simultaneously with the construction of Project 06-06.
Preliminary plat approval shall be contingent upon the approval and construction of Project 06-06.
Watermain must be minimum 18 inches above or below the sanitary sewer.
STREETS
Access to the proposed development will be from West 78th Street and Dogwood Road. Dogwood
Road is proposed to be constructed with Project 06-06. The final cross section of Dogwood Road
has not yet been determined.
The developer will extend West 78th Street from its current terminus within the Westwood Church
property within the existing roadway, drainage and utility easement. West 78th Street will be a 31-
foot wide urban section.
Access for Lots 2 and 3, Block 3 will be addressed and constructed when those lots are final platted.
The property owner on Lots 1 through 3, Block 3 has requested that the gravel driveway and
turnaround area within the Dogwood Road right-of-way south of West 78th Street remain, with the
portion of the turnaround within Lot 1, Block 2 being removed. This gravel drive and turnaround
will require an Encroachment Agreement which would be filed with the final plat. The drive and
turnaround will be removed when Dogwood Road is extended in the future.
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January 2, 2007
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LANDSCAPING AND TREE PRESERVATION
Tree canopy coverage and preservation calculations have been submitted for The Arbors
development. They are as follows:
Total upland area (excluding wetlands, bluff, park)
Baseline canopy coverage
Minimum canopy coverage required
Proposed tree preservation
20 ac.
36.7% or 319,770 SF
30 % or 261,360 SF
22.5% or 195,791 SF
The developer does not meet minimum canopy coverage allowed; therefore, the difference
between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required
replacement plantings.
Difference in canopy coverage
Multiplier
Total replacement
Total number of trees to be planted
65,569 SF
1.2
78,683 SF
72 trees
The total number of trees required for the development is 72. The applicant has proposed a total
of 60 trees.
There are no bufferyard requirements for this development.
The applicant has proposed a conservation easement over parts of Lots 1-3,5, and 8-9, Block 1.
The existing woods are of high value and consist primarily of sugar maple. The applicant has
protected a reasonable amount of the wooded area on Lots 1 through 3, but staff recommends
that the easement be enlarged on Lots 5, 8 and 9 to cover more of the wooded area because of its
high quality.
PARKS AND RECREATION
Parks
This property is located within an area of the City not currently served by a neighborhood park.
However, there is an abundance of parkland and open space in the vicinity of The Arbors. The
property shares its southern border with the Minnesota Landscape Arboretum. This particular
portion of the Arboretum, consisting of research fields, is not open to the public. Minnewashta
Regional Park is located approximately one-half mile north of the site off of State Highway 41.
This 340-acre regional park facility is operated by Carver County and features a swimming beach,
bathhouse, concession stand, picnic shelters, volleyball courts, playground, trails and fishing pier.
The City owns ten acres of wooded open space at the intersection of Tanadoona Drive and State
Highway 41. No additional parkland acquisition is being recommended as a condition of this
subdivision.
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January 2, 2007
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TRAILS
The subject site has convenient access to the West 78th Street pedestrian trail. The applicant should
be required to connect The Arbors neighborhood to this trail with a sidewalk connection along the
entire north side of the new section of West 78th Street. No additional trail construction is being
recommended as a condition of this subdivision.
The two existing homes paid park and trail fees. Therefore, only 20 additional dwelling units will
be required to pay park fees. . Based on 2007 park fees, the total fees payable at the time of final plat
approval would be $116,000.00.
WETLANDS
Existing Wetlands
Two natural wetlands exist on-site. Kjolhaug Environmental Services delineated the wetlands in
May 2001. The wetland boundaries were reevaluated in November 2006 and are consistent with
those delineated in 2001.
Wetland 1 is a Type 3 wetland adjacent to Lake Minnewashta in the southwest corner of the
property. The wetland is dominated by reed canary grass, cattail, red osier dogwood and sedges.
This project does not propose to impact Wetland 1. Wetland 1 is classified as a Preserve wetland
by the City Wetland Inventory. Wetland 1 is approximately 17,965 square feet on the site.
Wetland 2 is a forested Type 1 wetland in the north center portion of the property. The wetland
is dominated by American elm, black ash, box elder and sedges. This project does not propose
to impact Wetland 2. Wetland 2 is not included in the City Wetland Inventory. The applicant
should classify Wetland 2 using the results from the Minnesota Routine Assessment Method for
Evaluating Wetland Functions (MnRAM Version 3.0). An electronic version of the completed
MnRAM evaluation should be submitted to and approved by the city to establish the
classification of Wetland 2 so the appropriate wetland buffer and setback requirements can be
determined. Wetland 2 is approximately 6,920 square feet.
A wetland buffer 50 in width and a 50 foot setback from the wetland buffer must be maintained
around Wetland 1. 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. Wetland
buffer and setback requirements for Wetland 2 are contingent upon review and approval of the
MnRAM for that wetland.
The proposed driveways and structures on Lots 1 and 2, Block 1 appear to be within the wetland
setback for Wetland 2. The applicant should submit house plans that will meet the required
setbacks on Lots 1 and 2, Block 1.
The proposed conservation easement should be revised to envelop Wetland 2 and the required
wetland buffer.
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Planning Case 07-02
January 2, 2007
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LAKES
The proposed project is within 1,000 feet of the ordinary high water level (OHW) of Lake
Minnewashta and is therefore within the lake's shoreland management district. The Minnesota
Department of Natural Resources (DNR) classifies Lake Minnewashta as a recreational
development lake. The ordinary high water (OHW) elevation from Lake Minnewashta is 944.5.
COMPLIANCE TABLE
Area (SQ. ft.) Frontage (ft.) Depth (ft.) Notes
Code 15,000 non-riparian 90 125
20,000 riparian
L1 B1 35,715 154 367 Wetland 2, net lot area
28,795 sq. ft.
L2B1 31,452 111 332 Wetland 2
L3B1 31,169 118 299
UBI 46,867 186 214 Comer lot
L5B1 37,940 144 269
L6B1 25,071 120 208 Comer lot
L7B1 18,360 130 177
L8B1 53,860 71 * 310 *98' width at bldg setback
L9B1 31,623 72 * 236 *97' width at bldg setback
LlO B1 30,238 72 * 217 * 102' width at bldg setback
L11 B1 35,371 80 * 236 *101' width at bldg setback
L12 B1 28,797 112 251
L13 B1 24,302 116 182 Comer lot
L14 B1 28,220 156 208
L1 B2 21,645 144 140 Comer lot
L2B2 21,845 170 160
L3B2 19,826 118 151
UB2 25,309 122 188
L5B2 18,964 130 142
L1 B3 39,730 92 353 Lakeshore & wetland 1, net
lot area 34,485 sq. ft.
L2B3 36,495 100 380 Lakeshore & wetland 1, net
lot area 31,195 sq. ft.
L3B3 35,865 100 379 Lakeshore & wetland 1, net
lot area 28,445 sq. ft.
Outlot A 3,372 Landscape island
Outlot B 9,520 Signage/gazebo
Outlot C 39,268 Storm water pond
ROW 132,850 3.05 acres
Total 863,674 19.83 acres including 0.57
acres of wetland
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SETBACKS
Setback (ft.)
Front 30
Sides 10
Rear 30
Lakeshore (OHW) 75
Wetland 1 50 (plus 50 foot buffer)
Wetland 2 To be determined based
on MnRAM evaluation
OTHER AGENCIES
The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g.,
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources (for
dewatering)) and comply with their conditions of approval.
RECOMMENDA TION
Staff recommends that the Planning Commission adopt the following three motions and adoption
of the attached findings of fact and recommendation:
A. "The Chanhassen Planning Commission recommends that the City Council approve
Comprehensive Land Use Map Amendment from Residential-Large Lot to Residential-Low Density for
Lots 1 through 3, Block 3, of the preliminary plat of The Arbors contingent on Metropolitan Council
review."
B. "The Chanhassen Planning Commission recommends that the City Council approve the
Rezoning from RR, Rural Residential, to RSF, Single Family Residential for the land within the plat of
The Arbors subject to final plat approval for The Arbors."
C. "The Chanhassen Planning Commission recommends that the City Council approve the
preliminary plat for the Arbors creating 22 lots. 3 outlots and public right-of-way, plans prepared by
Otto Associates, dated October 31, 2006, subject to the following conditions:
1. The house designs, locations and driveway configurations for Lots 1 and 2, Block 1, must be
revised to maintain the required wetland setback.
2. Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a
condition of approval for The Arbors. The park fees shall be collected in full at the rate in force
upon final plat submission and approval.
3. Fire Marshal's Conditions:
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a. 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.
b. Fire apparatus access roads and water supply 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.
c. Temporary street signs shall be installed at street intersections once construction of the
new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section
501.4.
d. 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.
e. Submit proposed cul-de-sac name to Chanhassen Building Official and Chanhassen Fire
Marshal for review and approval.
f. No burning permits shall be issued for trees to be removed. Trees and shrubs must either
be removed from site or chipped.
4. Building Official Conditions:
a. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
b. Demolition permits must be obtained prior to demolishing any structures on the site.
c. Existing wells and on-site sewage treatment systems on the site must be abandoned in
accordance with State Law and City Code.
d. The developer must submit a list of proposed street names for review and approval prior
to final plat of the property.
e. Retaining walls more than four feet high must be designed by a professional engineer and
a building permit must be obtained prior to construction.
f. Separate sewer and water services must be provided each lot.
5. City Forester's Conditions:
a. Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction. Fencing shall be in place and maintained until all construction is
completed.
The Arbors
Planning Case 07 -02
January 2,2007
Page 15 of 18
b. Any trees removed in excess of proposed tree preservation plans, dated 10/31/06, will be
replaced at a ratio of 2: 1 diameter inches.
c. A minimum of two trees shall be planted on each lot.
d. Tree conservation easements on Lots 5,8, and 9, Block 1 shall be enlarged beyond what
is shown on plans dated 10/31/06.
e. Tree conservation easements shall be located on Lots 1-3,5,8-9, Block 1.
f. The applicant shall replace Colorado spruce shown on landscape plan with concolor fir or
Norway spruce.
6. City Engineer's Conditions:
a. In order to meet the 10% maximum allowable driveway grade on Lots 1 through 3, Block
1, the builder may have to put steps in the garage to accommodate the grade change.
b. The dead pool volume of the pond needs to be increased by 360 cubic feet to meet the
MPCA Phase II requirements.
c. The proposed 1036 foot contour on Lots 12 and 14, Block 1 must be shifted so that the
backyard grade is minimum 2%.
d. The proposed major contours must be a different line weight or type.
e. Based on the grading plan, the home on Lot 5, Block 1 will be a walkout, not a full
basement.
f. The top and bottom of wall elevations of the wall must be shown on the grading plan.
g. Preliminary plat approval shall be contingent upon the approval and construction of
Project 06-06.
h. Watermain must be minimum 18 inches above or below the sanitary sewer.
1. Access for Lots 2 and 3, Block 3 will be addressed and constructed when those lots are
final platted.
J. An encroachment agreement is required for the gravel drive and turnaround within the
Dogwood Road right of way south of West 78th Street.
7. Water Resources Coordinator's Conditions:
The Arbors
Planning Case 07-02
January 2, 2007
Page 16 of 18
a. The applicant shall classify Wetland 2 using the results from the Minnesota Routine
Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0). An
electronic version of the completed MnRAM evaluation shall be submitted to and
approved by the city to establish the classification of Wetland 2 so the appropriate
wetland buffer and setback requirements can be determined.
b. A wetland buffer 50 in width and a 50 foot setback from the wetland buffer must be
maintained around Wetland 1. Wetland buffer areas shall 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. Wetland buffer and setback requirements for
Wetland 2 are contingent upon review and approval of the MnRAM for that wetland.
c. The proposed driveways and structures on Lots 1 and 2, Block 1 appear to be within the
wetland setback for Wetland 2. The applicant shall submit house plans that will meet the
required setbacks on Lots 1 and 2, Block 1.
d. The proposed conservation easement shall be revised to envelop Wetland 2 and the
required wetland buffer.
e. A NPDES Phase II Construction Site Storm Water Permit will be required from the
Minnesota Pollution Control Agency (MPCA) for this site. A Storm Water Pollution
Prevention Plan (SWPPP) will be required in conjunction with this application. The
SWPPP shall be provided to the City so it can be reviewed by the Carver Soil and Water
Conservation District prior to the preconstruction meeting for the project.
f. The proposed storm water pond shall be constructed prior to disturbing upgradient areas
and used as a temporary sediment basin during mass grading. Diversion berms/ditches
may be needed to divert water to the pond and a temporary pond outlet shall be provided.
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.
g. It shall be noted on the SWPPP that all areas that will not be permanently stabilized
within the timeframe required by the NPDES permit shall be temporary mulched and
seeded. A note shall be included in the dewatering section of the SWPPP that states: "If
construction of the proposed temporary/permanent sediment pond is not completed prior
to dewatering, the City's on-site construction observer must approve proposed
dewatering methods prior to beginning dewatering."
h. The plans shall be revised to incorporate Chanhassen's standard details for erosion and
sediment control, including 5302A and 5302D. Proposed erosion and sediment controls
for individual lots shall 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.
The Arbors
Planning Case 07-02
January 2, 2007
Page 17 of 18
1. The applicant shall provide erosion and sediment control along the south and east
property lines to prevent discharge of sediment onto adjacent properties.
J. All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50
-75 feet. This shall be noted on the plans and discussed at the preconstruction meeting.
k. Energy dissipation shall be provided at the inlet to the proposed pond and at the end of
the discharge pipe that outlets to the wetland within 24 hours of pipe installation. The
discharge location for the outlet of the proposed pond shall be evaluated to ensure that
the proposed discharge will not cause erosion issues. Reinforced erosion control matting
may be required.
1. A stable emergency overflow (EOF) for the stormwater pond shall be provided. The
EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a
permanent erosion control blanket). A typical detail shall be included in the plan. The
overland route from the EOF to Lake Minnewashta shall be shown on the plans and shall
be encumbered by a drainage and utility easement.
m. 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.)
n. 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.
o. Inlet protection may be needed prior to installation of the castings for the curbside catch
basins. In that case, all storm sewer inlets shall be protected by at least fabric draped
over the manhole with a steel plate holding the fabric in place.
p. The plans shall be revised to show a rock construction entrance (minimum 75 feet in
length) wherever construction traffic will access the site. The rock construction entrance
shall be constructed in accordance with Chanhassen's Standard Detail 5301. Street
cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed.
q. At this time, the estimated total SWMP fee, due payable to the City at the time of final
plat recording, is $74,570.50.
The Arbors
Planning Case 07-02
January 2, 2007
Page 18 of 18
r. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources
(for dewatering)) and comply with their conditions of approval."
A TT ACHMENTS
1. Findings of Fact and Recommendation
2. Development Review Application
3. Reduced Copy Preliminary Plat
4. Reduced Copy Preliminary Utility Plan
5. Reduced Copy Preliminary Street Plan
6. Reduced Copy Preliminary Grading Plan
7. Reduced Copy Existing Tree Inventory
8. Reduced Copy Tree Inventory (After Primary Construction)
9. Reduced Copy Tree Inventory (After Secondary Construction)
10. Reduced Copy Site Landscape Plan
11. Park & Trail Map (partial)
12. Letter from Steven Von Bargen (Center Point Energy) to Robert Generous dated 12/19/06.
13. Public Hearing Notice and Mailing List
g:\plan\2007 planning cases\07-02 the arbors\staff report the arbors.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application the Carlson Custom Homes, Inc. request for a land use amendment from
Comprehensive Land Use Map Amendment from Residential-Large Lot to Residential-Low
Density on the westerly portion of Lot 1, Block 1, Zimmerman Farm 1st Addition; Rezoning
from RR, Rural Residential, to RSF, Single Family Residential; and the Subdivision of
approximately 20 acres into 22 lots, 3 outlots and public right-of-way for THE ARBORS.
On January 2,2007, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application. The Planning Commission conducted a public hearing on
the proposed amendment and rezoning 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 Rural Residential, RR.
2. The property is guided in the Chanhassen Comprehensive Plan for Residential- Large
Lot (the westerly 2.57 acres) and Residential- Low Density uses.
3. The legal description of the property is: Lots 1 and 2, Block 1, Zimmerman Farms 1 sl
Addition.
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, City Code section 18-39, directs consideration of seven
standards in considering approval of a subdivision. The City Council finds that all
applicable standards have been met. The seven standards and our findings regarding them
are:
a. The proposed subdivision is consistent with the zoning ordinance, specifically the
Single-Family Residential District standards;
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 upon construction of Public Project #06-06.
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. The subdivision has upon construction
of Public Project #06-06:
1) adequate storm water drainage.
2) adequate roads.
3) adequate sanitary sewer systems.
4) adequate off-site public improvements or support systems.
6. The planning report #07-02, dated January 2,2007, prepared by Robert Generous, et aI, is
incorporated herein.
2
RECOMMENDA TION
The Planning Commission recommends that the City Council approve a Comprehensive
Land Use Map Amendment from Residential-Large Lot to Residential-Low Density on the westerly
portion of Lot 1, Block 1, Zimmerman Farm 151 Addition; Rezoning from RR, Rural Residential, to
RSF, Single Family Residential; and the preliminary plat approval of approximately 20 acres into
22 lots, 3 outlots and public right-of-way for THE ARBORS.
ADOPTED by the Chanhassen Planning Commission this 2nd day of January, 2007.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
3
Planning Case No.
Ol-O~
CITY OF CHANHASSEN
7700 Market Boulevard - P.O. Box 147
Chanhassen, MN 55317 - (952) 227-1100
CITY OF CHANHASSEN
RECEIVED
DEe 0 1'2006
DEVELOPMENT REVIEW APPLICATION
PLEASE PRINT
Applicant Name and Address: c1k~ty; l??rc~
c: qr /5 c l2- CC4 5/Ci /Jj )10/11 e 5, / Ij) G ,
7' IJ [) ga Ii AOo,il ~4~;rc;;;: V r; J/f'.
G L1 -;, A: ~ 1 iV/if :5:3 '5 J q
Contact: ..(76Jl Pe,I-PY5DI), 1Y,ylj~Z-/ Ali:M,~er-
Phone:-1'.?..7 1./15- goLj3' Fax: Pj5Z tj15-~ol()
Email: c/o)'l~/d [JeTer 60 C;O!7lCCt5/" tveT.
,
CHANHASSEN PLANNING DEPT
Owner Name and Address: Parcel il
);/.eHY ClJ14 P~Q.lill~ rYYand';
7578 17 oq ;zrocd f{ it:fld
(.:;" .A4)1 ;)a'$.5ffJ J ftl /t/ 5:7717
Gontact: LJ to aJ]f1CA. j:h"aA c! r
Phone: '152 LJ 7'tJ - ClCJ-t bFax:
Email:
NOTE: Consultation with City staff is required prior to submittal, including review of development
Plany ;J . //~'4)-:5-:j,)
V Comprehensive Plan Amendment ~ L:- J
Conditional Use Permit (CUP)
Interim Use Permit (IUP)
Non-conforming Use Permit
Planned Unit Development*
/ Rezoning ~0--C (L-~' r: <?p)
Sign Permits
Sign Plan Review
Site Plan Review (SPR)*
/ Ai'oJ'....J-
"" 'if, , " / " . t: 1-;5
Subdivision* bOo';' I:; I 'JJ. I .
'J
:-- '1"70
Temporary Sales Permit
Ii
Vacation of Right-of-Way/Easements (VAC) .000
v
Variance (VAR)
Wetland Alteration Permit (WAP)
Zoning Appeal
Zoning Ordinance Amendment
~Otification Sign - $200
(City to install and remove)
X Escrow for Filing Fees/Attorney Cost**
- $50 CUP/SPRNACNARlWAP/Metes & Bounds
- $450 Minor SUB
TOTAL FEE $ 1/ ;;2.5. "3 () (~~66 ::l,/"c-Ps)
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 must be submitted, including an 8~" X 11"
reduced, copy for each plan sheet along with a di~ital copy in TIFF-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.
SCANNED
NOTE: When multiple applications are processed, the appropriate fee shall be charged for
each application.
n v
PROJECT NAME: -rAe. ;/rboY5 .
LOCATION:.vo;JVOOc! /(C;Cl(..-j) t:u'C.:;.1 tit"'! 7t!7"1 ~-eel
LEGAL DESCRIPTI~N: /t:; I / a J Lo;-;Z J ~ /ooA / / z: -' /17 /IJ &Ymctfl ~y /Jt5
,
/sTfidd/'i/o') .
TOTAL ACREAGE; '." / tf.L: 4Cl't.5
WETLANDS PRESENT: X YES / . 7 N,?
PRESENT ZONING: /'?UjN!f,! /CYls/c/en1;tlj Kf1
REQUESTED ZONING: R $-F" j(-e5J;){),JJ;;J c;j(79/e hluft
P~ESENT LAND USE DESIGNATION: ~cjJ~pff;r;) '71v;;~;14;ti:ai tJ7L{/O~ /1t~ );~e j.;t j1J ~~
REQUESTED LAND USE DESIGNATION: ~ :f$ : eI~1/1'</ Aw' de)7~rry j .
REASON FOR REQUEST: c1.- St{b~I/I'~/oj/7 1'.1/ WtJOtcyea'ft' /075 ;)11;
f
?? J{'5r 1t7f5;. t:u'.c/:? cu7h/5 f'ur ;;('",;'17trac'1;u)~ C; I ~lJ /J/ew/
r -e 7/ 4 eic/l~ /Jell! e'7 a /A4i~. tJ e;r; c,71 M A?~e:f'.
I
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' have submitted are true and correct to the best of
my knOWled/tJ,.;e. ~
-Ii ~ //y; -00
Si nature of Applicant' q!'.c)P/~~.f~:"'. pr. /p-.7 //jPlac..l./ Date SCANNED
4. / <;/ A 44/JI (.IJ) .
Signa~ure of Fee Owner C<Jv/j (j?r, /~T !. ,Cry~
~i/fl4).r;!/' /)!~f1 I~ T tV4't:I;7iCfi 4
11.~q. 010
Date
G:\pLAN\fonns\Development Review Application.DOC
Rev. 12/05
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Immerman
Road
Minnesota
Landscape
Arboretum
)/
D
D
Minnesota Landscape Arboretum
G CenterPoint@
Energy
700 West Linden Avenue
PO Box 1165
Minneapolis, MN 55440-1165
December 19, 2006
Robert Generous
Senior Planner
City of Chanhassen
690 City Center Drive, P.O. Box 147
Chanhassen, MN. 55317
RE: Preliminary Plat of The Arbors
Dear Mr. Generous:
With reference to the preliminary plat of The Arbors, CenterPoint Energy currently has
two easements crossing this plat. A drawing is enclosed for reference.
CenterPoint Energy pipelines are operated and maintained in accordance with the
Code of Federal Regulations, Part 192, Title 49, "Transportation of Natural and Other
Gasses by Pipeline: Minimum Federal Safety Standards.
CenterPoint Energy's easement number 1992-60 and 1992-61. The easements are
recorded with the Carver County Registrar of Titles as document number T74942 and
as document number T74943.
To aid in an acceptable development in the easement area, I have enclosed a copy of
CenterPoint Energy's Guidelines for Construction and/or Encroachment within Gas
Pipeline Easements. . Please instruct the developer to use these Guidelines when
making the necessary changes to their plans in the easement area.
Additionally these easements are not referenced on the plat and must be included.
Subsequent to the changes mentioned above, please send a set of the final plans to
me at the address below for approval.
Respectfully,
CENTERPOINT ENERGY
S~ v~6-y--
Steven Von Bargen
Right-of-Way Administrator
pc: Cherie Monson, Sales Consultant
Andrew Balgobin, Administration Engineer
CENTERPOINT ENERGY RESOURCES CORP., D.B.A. CENTERPOINT ENERGY MINNESOTA GAS
GUIDELINES FOR CONSTRUCTION AND/OR ENCROACHMENT WITHIN GAS PIPELINE EASEMENTS
The following are general requirements only. CenterPoint Energy must inspect the area and review construction
plans. Final construction olans must be reviewed and aooroved. in writing. by Center Point Energy Engineering orior
to the start of any construction within Center Point Energy's easement. Grading and utility olans showing
CenterPoint Energy's aooroval must be on site and available to CenterPoint Energy oersonnel during construction
within the easement.
1. Soil shall not be removed or placed in a manner that will result in earth or pavement cover over the pipeline of
less than three feet or more than five feet unless otherwise approved. A level area of not less than six feet on
each side of the pipeline shall be maintained at all times. Slope beyond 6' from the pipeline shall not be steeper
than 4 to 1, unless otherwise agreed. Any amount of cut or fill, within the 4 to 1 slope area, shall increase the
width of the level area on each side of the pipeline by that same footage of cut or fill. Blasting in the vicinity of
any pipeline requires review and written approval by a CenterPoint Energy engineer prior to start. The pipeline
must be fully accessible at all times before. during, and after the construction.
2. Landscaping over and within ten feet on each side of the pipeline is restricted to grass cover only. Beyond ten
feet on each side of the pipeline. upright plantings are restricted to, and shall not exceed an eventual growth
height of six (6) feet. No trees shall be planted or remain within the easement. Any trees, removed by
CenterPoint Energy from within the easement, while performing maintenance activities shall not be replaced by
CenterPoint Energy or the current owner. their successors or assigns.
3. Any buried utility line installed across the in-place pipeline shall be placed below the pipeline with no less than
one foot of vertical separation, padded with well compacted (95% Standard Procter) and cross at an angle
between 45 degrees and 90 degrees from the pipeline unless otherwise approved.
4. With prior CenterPoint Energy approval by a Senior Engineer or Right of Way Administrator, parking lots,
perpendicular driveways or roadways of portland cement concrete or asphaltic concrete (or similar materials)
may be placed within the easement, but shall be limited in width when crossing the easement to minimize the
interference with or access to the pipeline for inspection and maintenance. Any contractor equipment
movement over the pipeline shall only be at an angle greater than 45 degrees to the pipeline, and must be on
a constructed haul road composed of well-graded gravel, 3 feet thick, for a minimum distance of ten feet on
each side of the pipeline Permanent structures including, but not limited to, buildings, signs, screen walls,
decks. tennis courts, and swimming pools are not allowed under any circumstances within the easement.
Installations including, but not limited to, retaining walls and fences crossing the pipeline require approval by
the CenterPoint Energy Senior Engineer or the Right of Way Administrator, before construction. All fences
crossing the pipeline must have a 10-foot wide gate centered over the pipeline. All fences installed parallel with
the pipeline will maintain a minimum of 10 feet of separation from the pipeline.
5. Once CenterPoint Energy and the Owner, Developer or Contractor have reached an agreement, CenterPoint
Energy shall be given at least two working days advance notice of planned construction activity so
arrangements can be made for CenterPoint Energy Personnel to monitor the construction. CenterPoint Energy
will locate and stake the pipeline, but will not assume responsibility to expose or backfill the pipeline or to
determine the actual elevation of the in-place pipeline. Excavation to expose the pipeline shall be parallel to the
pipeline. CenterPoint Energy Personnel must be present during this excavation. Backfill must be free of rocks
and shall be compacted to 95% Standard Procter.
6. Any subsequent damage or removals caused by CenterPoint Energy in the exercise of its easements rights, of
any and all of those certain foreign constructions (landscaping, driveway, roadway, utility lines, etc.) which
may be permitted within the easement area, will be permanently repaired or replaced at the owner's or
contractor's (not CenterPoint Energy's) expense.
7. In accordance with Federal Department of Transportation Codes, CenterPoint Energy must place markers over
transmission pipelines. These markers will be placed at all road crossings, in back of curb or at property line, at
changes of direction and periodically along the pipeline. All natural gas transmission line locating markers
placed by CenterPoint Energy will not be removed.
If you have any questions call 612.321.5426 or 612.321.5381.
January 20, 2005
GENERAL LOCATION ONLY. DO NOT USE TO LOCATE FOR EXCAVATION. CALL 1-800-252-1166 FOR ONSITE LOCATIONS AND STAKING.
~
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Plotted by: gasread
Plot Date: 12/19/2006
Field 1 :
Field2:
Scale: 1": 150 '
@
North
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
ST ATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
December 21, 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 THE ARBORS - Planning Case 07-02 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 DCI Pry, bP r , 2006.
~
-
\ .
0tA!~
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i'" .~~i KIM T. MEUWISSEN
~.... /fi,5 Notary Public-Minnesota
< .,;...' My Commission Expires Jan 31, 2010
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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 use(s access or use of
data provided.
...-
'-----~
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I
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.
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Public Hearing Notification Area (500+ feet)
The Arbors
Planning Case No. 07-02
City of Chanhassen
Tanadoona Drive
Lake Minnewashta
Dogwood Rd
Tanadoona Drive
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GETSCH CORP
1069 DORLAND RD S
MAPLEWOOD, MN 55119-3576
REGENTS OF UNIV OF MINNESOTA
319 15TH AVE SE 424 DON HOWE
BLDG
MINNEAPOLIS, MN 55455-0118
JOHN & JOYCE FOLEY
4804 DUN BERRY LN
MINNEAPOLIS, MN 55435-1537
ROGER W OAS
7301 DOGWOOD
EXCELSIOR, MN 55331-8015
JANET M QUIST &
7331 DOGWOOD
EXCELSIOR, MN 55331-8015
GETSCH CORP
7530 DOGWOOD RD
EXCELSIOR, MN 55331-8053
PEMTOM COMPANY
7597 ANAGRAM DR
EDEN PRAIRIE, MN 55344-7399
ROBERTW & MARY M HAGEMAN &
7660 CRIMSON BAY RD
CHASKA, MN 55318-9603
MINNESOTA ST HORTICULTURAL
U OF M RM 1 HORTICULTURE BLDG
ST PAUL, MN 55108-
CARLSON CUSTOM HOMES INC
1440 BAVARIAN SHORES DR
CHASKA, MN 55318-1547
GRETCHEN L F STARKS
3301 TANADOONA DR
EXCELSIOR, MN 55331-8048
GETSCH CORP
5404 GLENGARRY PKY
EDINA, MN 55436-2006
SCOTT A VERGIN
7311 DOGWOOD
EXCELSIOR, MN 55331-8015
RICHARD C LUNDELL
7341 DOGWOOD
EXCELSIOR, MN 55331-8015
CHARLES & JENNIFER NEWELL
7550 DOGWOOD RD
EXCELSIOR, MN 55331-8053
PAUL GREGORY & MARY S
SUMNERS
7620 CRIMSON BAY RD
CHASKA, MN 55318-9603
ROB M & CALI L OLSON
7700 CRIMSON BAY RD
CHASKA, MN 55318-9623
WESTWOOD COMMUNITY CHURCH
3121 WESTWOOD DR
EXCELSIOR, MN 55331-8044
PETERSON REVOCABLE TRUST
3301 T ANADOONA DR
EXCELSIOR, MN 55331-8048
MPLS COUNCIL OF CAMPFIRE
GIRLS
640 GRANT ST E
MINNEAPOLIS, MN 55404-1431
L MARTIN & DONNA R JONES
7321 DOGWOOD
EXCELSIOR, MN 55331-8015
ALAN H & KAREN L DIRKS
7431 DOGWOOD
EXCELSIOR, MN 55331-8013
PETER T & DEANNA 0 BRANDT
7570 DOGWOOD RD
EXCELSIOR, MN 55331-8053
DANIEL J & KAREN A HERBST
7640 CRIMSON BAY RD
CHASKA, MN 55318-9603
RICHARD A & DARLENE J HANSON
7750 CRIMSON BAY RD
CHASKA, MN 55318-9623