CC Staff Report 05-09-22Planning Commission Item
April 19, 2022
Item
775 and 731 W. 96th Street (Erhart Farm): Consider a Request for Rezoning
and Preliminary Plat to Add Two Lots to the Approved Preliminary Plat for the
Erhart Farm Development with a Variance from the Tree Replacement
Requirement
File No.Planning Case No. 2021-12A Item No: B.4
Agenda Section PUBLIC HEARINGS
Prepared By Bob Generous, Senior Planner
Applicant
Black Cherry Development, LLC
14500 Martin Drive, #3000
Eden Prairie, MN 55344
Present Zoning Single Family Residential District (RSF)
Land Use Residential Low Density
Acerage 117.14
Density 1.69 units per net acres (Phase 1)
Applicable
Regulations
Chapter 18, Subdivisions
Chapter 18, Division II, Section 18-22, Variances
Chapter 20, Article XII, “RSF” Single-Family Residential District
SUGGESTED ACTION
The Chanhassen Planning Commission recommends City Council approve a request for rezoning
and preliminary plat to add two lots to the approved preliminary plat for the Erhart Farm
development with a variance from the tree replacement requirement on property located at 775 and
731 W. 96th Street subject to the conditions of the staff report, and adopts the Findings of Fact and
Recommendation."
SUMMARY
85344
The applicant is requesting rezoning of a portion of the property from Agricultural Estate District (A2)
to Single-Family Residential District (RSF); subdivision approval to add two single-family lots to the
preliminary plat with variances from the tree replacement requirements. The applicant has added 1.08
acres with the parcel at the end of W. 96th Street (731 W. 96th Street).
BACKGROUND
On October 25, 2021, City Council approved a Development Contract for Grading for the project to
permit the developer to initiate site grading and tree removal in preparation for the infrastructure
improvements for the development.
On August 9, 2021, City Council approved:
1. The ordinance rezoning the development from Agricultural Estate District (A2) to Single-Family
Residential District (RSF) (Blocks 1 and 2);
2. Preliminary plat with variances for street width, front yard setback (Lot 1, Block 1), wetland
setback (Lot 1, Block 1) and street frontages (Lots 3 thru 9, Block 1)
DISCUSSION
The applicant is proposing a 24 lot, eight outlot subdivision with dedication of public right-of-way.
Except for Outlots A and B, which will be preserved for permanent open space, the outlots will be
developed in the future through another subdivision review process. With this development, the
applicant will relocate and construct a permanent lift station to serve this area, the future connection of
homes along W. 96th Street, and the existing homes along Eagle Ridge Road. The development will
also connect Eagle Ridge Road and W. 96th Street. Future phases of the development will be connected
via a collector road to Powers Boulevard and local roads to the Pioneer Hills neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the rezoning of the
development from Agricultural Estate District (A2) to Single-Family Residential District (RSF);
preliminary plat with variances for tree replacement requirements, plans prepared by Alliant
Engineering dated March 22, 2022, subject to the conditions of the staff report, and adopt the Findings
of Fact and Recommendation.
ATTACHMENTS
Staff Report
Findings of Fact and Recommendation
Development Review Application
Narrative
Preliminary Plat
Landscape Plan Update
County PW Review Comments
Affidavit of Mailing
86345
CITY OF CHANHASSEN
PC DATE: April 19, 2022
CC DATE: May 9, 2022
REVIEW DEADLINE: May 17, 2022
CASE #: 2021-12A
BY: RG, EH, JR, DN, JS, ET
SUMMARY OF REQUEST: The applicant is requesting an amendment to the preliminary plat
to add two lots to the approved preliminary plat for the Erhart Farm development with a variance
from the tree replacement requirement and rezone the additional parcel to RSF. The applicant
has added 1.08 acres with the parcel at the end of West 96th Street.
LOCATION:775 West 96th Street and 731 W. 96th Street
APPLICANT:Black Cherry Development, LLC
9611 Meadowlark Lane
Chanhassen, MN 55317
PRESENT ZONING: Agricultural Estate District (A2)
2020 LAND USE PLAN: Residential Low Density (net density 1.2 –4 units per acre)/Office
Western 13 acres)
ACREAGE: 117.14 acres DENSITY: 1.69 units per net acres (Phase 1)
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
PROPOSED MOTION:
The Chanhassen Planning Commission recommends that City Council approve the amended
preliminary plat with a variance for the tree replacement requirements subject to the conditions of
the staff report, amend the rezoning to include the additional parcel, and adopt the Findings of Fact
and Recommendation.”
87346
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 2
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 in conjunction with a subdivision is
limited to whether or not the proposed project meets the standards in the Subdivision Ordinance
for a variance. The City has a relatively high level of discretion with a variance because the
applicant is seeking a deviation from established standards. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting rezoning of a portion of the property from Agricultural Estate
District, A2, to Single-Family Residential District, RSF; subdivision approval to add two single-
family lots to the preliminary plat with variances from the tree replacement requirements. The
applicant has added 1.08 acres with the parcel at the end of West 96th Street (731 W. 96th St.).
APPLICABLE REGULATIONS
Chapter 18, Subdivisions
Chapter 20, Article XII, “RSF” Single-Family Residential District
BACKGROUND
On October 25, 2021, City Council approved a grading development contract for the project to
permit the developer to initiate site grading and tree removal in preparation for the infrastructure
improvements for the development.
On August 9, 2021, City Council approved:
The ordinance rezoning the development from Agricultural Estate District (A2) to Single-
Family Residential District (RSF) (Blocks 1 and 2);
Preliminary plat with variances for street width, front yard setback (Lot 1, Block 1), wetland
setback (Lot 1, Block 1) and street frontages (Lots 3 thru 9, Block 1).
88347
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 3
On January 25, 2021, City Council approved the Interim Use Permit to allow site grading to
create an open water wetland. The project began this winter, but due to warm weather, could not
be completed.
On August 14, 2020, the City Council approved the adjustment to the Bluff Creek Overlay
District (BCOD) Primary Zone boundary to encompass the additional 3+ acre area adjacent to
Highway 212 in Outlot G. (Planning Case #2020-13)
On July 7, 2020, the City of Chanhassen received a complete Wetland Delineation Report for the
property and a Notice of Application was sent on July 15, 2020. The on-site Technical
Evaluation Panel (TEP) was held on July 29, 2020 in order to review the wetland boundaries and
types. The wetland types that were delineated on the property were Types 1, 2, 3, 5, and 6. The
TEP and Local Government Unit (LGU) concurred with the boundaries and types and the Notice
of Decision was issued on August 8, 2020.
As part of the 2040 Comprehensive Plan adopted on February 10, 2020, the City approved a
three acre Land Use amendment from Residential Low Density to Office in the western portion
of the parcel encompassing the area adjacent to Highway 212 in Outlot G.
In 2008, as part of the City’s 2030 Comprehensive Plan, the City approved a Land Use
amendment of the westerly 10 acres of the property from Residential-Low Density to Office.
On October 23, 2006, City Council approved Wetland Alteration Permit #06-32 for the
construction of an access road and stormwater pond. The wetland mitigation for this is located
in Outlot G north of the large wetland complex
On July 10, 1995, City Council approved the preliminary and final plat of Butternut Ridge
Addition, Subdivision #95-9, creating one lot and one outlot. This subdivision permitted the
property owner to sell the 2½-acre home site on the property and keep the balance of the site for
the owner’s personal use and future development. The property owner still owns the home on
the property.
EXISTING CONDITIONS
The developer provided an existing condition survey of the entire 117-acre property which
included the field surveyed area of approximately 20 acres proposed to be developed (all of
Block 1, and portions of Outlots A, B, C, D, E and F, and all newly dedicated right-of-way) and
is in general conformance with the requirements of Sec. 18-40. The remaining 117 acres not
surveyed will be field surveyed at the time of future development.
A single-family residence with a barn exists within the proposed development and is proposed to
remain as it was original platted with the Butternut Ridge Addition in 1995 (Lot 1, Block 1). As
such, the developer is not proposing to vacate the public drainage and utility easements (DUE)
associated with the existing residence; further discussion regarding this DUE can be found under
89348
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 4
the “Drainage and Utility Easements”section of this report. All other recorded public DUE
within the platted area, along with all other easements identified, must be vacated before, or
concurrently with, the recording of final plat. The easements to be vacated include, but may not
be limited to, those identified on the existing conditions survey (per document numbers;
A186881, A509111, A94210, A651406, etc.). Additionally, the developer will be required to
obtain any necessary right-of-way easements for the extension of 96th Street from abutting
properties. Also, the driveway to any existing residence must be surfaced with bituminous,
concrete or other hard surface materials in accordance with Sec. 20-1122 of City Ordinance.
A wooden bridge structure located within Outlot B in the conveyance channel between Wetland
2 and Wetland 3 near Lot 5, Block 1 was observed during the City of Chanhassen’s SWPPP
inspections. A dock was also observed on the west edge of Wetland 3. The bridge structure and
dock shall be added to the existing conditions survey. No documentation for the bridge structure
was submitted as part of the proposed subdivision. Bridge rating, as-builts, and a water-crossing
permit from the Riley Purgatory Bluff Creek Watershed District (RPBCWD) will be required if
the bridge is to remain in place. Without further documentation, the City cannot verify the bridge
will be safe for citizens and maintenance crossings as Outlot B will be owned by the City.
SITE CONSTRAINTS
Wetland Protection
There is are multiple wetlands located on the property.
Bluff Creek Overlay District
Outlot G is bisected by the Bluff Creek Primary Zone.
Bluff Protection
There are no bluffs on the property.
Shoreland Management
The property is not located within a Shoreland Overlay district.
Floodplain Overlay
This property is not within a floodplain
REZONING
The existing zoning of the property, Agricultural Estate District, is not consistent with the Land
Use designation of the property, Residential Low Density. The Comprehensive Plan allows less
90349
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 5
intensive land uses to remain in place. However, any approval by the City for development of
the property must be consistent with the Comprehensive Plan.
The following zoning districts are consistent with a Residential Low Density land use:
RSF (Single-Family Residential), R4 (Mixed Low Density), RLM (Residential Low and Medium
Density), or PUD-R (Planned Unit Development Residential).
The proposed rezoning to Single-Family Residential District (RSF) is consistent with the
Comprehensive Plan Land Use designation. The RSF District is the most appropriate zoning
district to rezone this property since it is the primary zoning for single-family residential
properties, is a standard zoning district that permits only single-family homes, and is the zoning
approved for the balance of the subdivision.
While the R4 District permits single-family homes, it also permits twin homes that would be
inconsistent with the surrounding development. The RLM District permits single-family homes,
as well as twin homes, townhouses and attached housing, but the RLM District also requires that
large areas of upland are preserved or created as permanent open space to balance the higher
hard surface coverage permitted on the individual lots. Finally, the PUD-R District can be
created for a single-family subdivision, but the ordinance requires that the use of the PUD zoning
also allows for a greater variety of uses, internal transfers of density, construction phasing and a
potential for lower development costs. In exchange for this enhanced flexibility, the City has the
expectation that the development plan will result in a significantly higher quality and more
sensitive proposal than would have been the case with the use of other, more standard zoning
districts.
The proposed rezoning assists in the furtherance of the following land use goals of the City of
Chanhassen Comprehensive Plan:
Development will be encouraged within the MUSA line.
The plan should seek to establish sufficient land to provide a full range of housing
opportunities.
Development should be phased in accordance with the ability of the City to provide
services.
The proposed rezoning assists in the furtherance of the following housing goals of the City of
Chanhassen Comprehensive Plan:
A balanced housing supply with housing available for people of all income levels.
A variety of housing types for people in all stages of the life-cycle.
Staff is recommending the rezoning to RSF be approved.
91350
Erhart Farm –775 and 731 W. 96th Street
April 19, 2022
Page 6
SUBDIVISION
The applicant is proposing a 24 lot, eight outlot subdivision with dedication of public right-of-
way. Except for Outlots A and B, which will be preserved for permanent open space, the outlots
will be developed in the future through another subdivision review process.
Preliminary Plat
STREETS
The proposed subdivision has access to public right-of-way via Eagle Ridge Road to the north
and 96th Street to the south. The subdivision to the north, Foxwood, was required to construct
Eagle Ridge Road as a minor collector, which terminated at a temporary cul-de-sac. The
developer of the current subdivision, Erhart Farms, must remove the temporary cul-de-sac and
restore the area. The developer will be provided as reimbursement for the removal of the
temporary cul-de-sac the $33,750.00 escrow which was collected from Foxwood for the removal
work along with work associated with extending the street and sidewalk at this location. Eagle
Ridge Road will ultimately extend to Powers Boulevard as development continues to the west of
the proposed subdivision. Eagle Ridge Road, a minor collector in the City’s roadway network, is
designed to provide a mixture of mobility and access and serves a vital role by routing traffic
from the local roads and funneling them to the arterial network. The proposed subdivision, along
with the future additions, are bound by Powers Boulevard to the west and CSAH 101 to the east,
which are both minor arterials. The proposed Erhart Farms subdivision has provided plans for
the extension of Eagle Ridge Road along with providing access from the south via the extension
of 96th Street, which gives secondary access to both the newly proposed development and the
existing Foxwood development. The developer has provided a “ghost plat” of the future
92351
Erhart Farm –775 and 731 W. 96th Street
April 19, 2022
Page 7
development, which conceptually takes into account the connection of Eagle Ridge Road to
Powers Boulevard, highlighted in purple and seen below:
The ghost plat of the future subdivisions adequately illustrates the nature and character required
of the minor collector by providing an equal mixture of mobility and access similar to its
predecessor, Foxwood. Foxwood was approved with a driveway-to-road-length of 1.3 driveways
for every 100 feet of road; the proposed Erhart Subdivision’s ghost plat illustrates a concept of
1.2 driveways for every 100 feet of road.
A majority of the streets and their rights-of-way are proposed to meet City standards,however
the small ring road abutting Outlot A, “Eagle Ridge Way”, is proposed to be a 26.5-foot-wide
back-of-curb to back-of-curb design within a standard 60-foot right-of-way. The variance from
the City’s 31-foot-wide street standard was requested by the developer in order to reduce
impervious surface and save additional trees. As this will be a single loaded road with homes on
only one side of the road, staff finds that the variance regarding the street width is acceptable,
with all other street section standards being adhered to. Additionally, the applicant is proposing
No Parking” on one side of Eagle Ridge Way, which will require the width to be updated to 26
feet from face-of-curb to face-of-curb which is 12 inches from back-of-curb with the
surmountable curb design.
When the previously approved preliminary plat was submitted, staff originally proposed a
recommendation to require a sidewalk along “Eagle Ridge Way” in order to promote pedestrian
safety due to the variance request for a narrower street width, however this recommendation was
not required in the final order of the previous preliminary plat request for the subdivision.Per
93352
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 8
City Ordinance, all sidewalks are to be maintained by the abutting property owner. As the
majority of the sidewalk proposed with this subdivision abuts Outlots, it will be the
responsibility of the owner of these Outlots to maintain the sidewalks, which includes snow and
ice removal.
The previously approved preliminary plat illustrated street designs that would be stubbed out for
future road extensions when the property to the west develops. These stub outs were required to
be wholly incorporated in the right-of-way boundary on the plat. Additionally, “Future Street
Extension” signs attached to barricades were required to be installed at these locations. The
updated preliminary and final plats provided show these updates for all but one location – the
southern intersection of Eagle Ridge Road and Eagle Ridge Way. Final plans must be updated
accordingly, at a minimum the barricade and “Future Street Extension” sign must be installed.
The preliminary and final plat and associated construction plans were sent to Carver County for
the development and the County responded with a review memo dated January 10, 2022. All
comments and requirements set forth by the County must be addressed prior to the City
considering approval of the final plat.
DRAINAGE AND UTILITY EASEMENTS
The preliminary and final plat provided illustrates mostly typical public drainage and utility
easements (DUE) along the proposed subdivision’s lot lines with five foot DUE along the side
and rear lot lines and 10 foot DUE along the front lot lines. Rear lot lines on Lots 1-16, Block 1
are atypical to accommodate proposed wetland buffers, conservation easements and stormwater
improvements. DUE abutting the side lot lines of Lots 13 and 14, Block 1 are five feet wider
than the typical 5-foot side lot DUE (a total of 20 feet wide between the two lots), and DUE in
the rear yard of Lots 16 and 17 are 20 feet wide; these widths are required in order to provide
adequate access for maintenance purposes to the storm sewer system and its appurtenances.
However, access to the large stormwater facility which is partially located on Outlot C and
partially located on Lots 14, 15, and 16, Block 1 needs to be addressed as further discussed in
this report under “Stormwater Management” of this report. Ideally, the stormwater facility
would be wholly encompassed within an Outlot, along with the maintenance access route to the
facility which is necessary to maintain the BMP. By including the access route within an Outlot,
the route would be protected in perpetuity from encroachments and would require that the City
maintain the area to ensure adequate ingress/egress. Regardless if the BMP is encompassed by
public DUE or an Outlot, the boundaries must encompass an area that is a minimum of one foot
higher than the 100-year HWL in order to provide resiliency.
The preliminary and final plat also illustrate wider areas of DUE between Lots 1 and 2 and Lots
3 and 4, Block 1. These were shown to facilitate stormwater conveyance systems which were
proposed to collect stormwater from the impervious surfaces associated with these lots and route
it to the public system in the street. Staff finds that these DUE may not be necessary if the
94353
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 9
stormwater conveyance is redesigned to a more typical draintile conveyance method as allowed
through current City Specifications and Detail Plates. If feasible, the final plans and final plat
shall be updated accordingly.
While DUE was platted in association with Lot 1, Block 1 of the Butternut Ridge Addition
which is being proposed to remain during this phase of the Erhart Farms development, there is
no DUE connecting the Butternut Ridge lot to the DUE or right-of-way being dedicated with the
Erhart Farms subdivision. Without a contiguous connection of DUE there would be no viable
route for extending utilities to the lot. The applicant must update the final plat to include DUE
that facilitates a contiguous connection between the newly dedicated DUE or right-of-way with
Erhart Farms and the existing Block 1 Lot 1 of Butternut Ridge.
The applicant is proposing to encompass the future public sanitary sewer lift station, discussed in
more detail under the “Sanitary Sewer and Water Mains” section of this report, with DUE within
Outlot F. In order for the City to best maintain such a critical public facility, the lift station
needs be placed in an Outlot that the City will own and maintain in perpetuity. This Outlot
should extend to the southernmost property line based on the current proposed location and
dedication will be required with the recording of the final plat.
GRADING AND DRAINAGE
95354
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 10
Grading
A portion of the property was issued Interim Use Permit #2021-03 (IUP) on December 4, 2020
by City Council for grading operations, with an amendment and extension being approved on
October 21, 2021. This IUP was requested for the dredging of Wetland 2, north of the
subdivision. All terms and conditions of the IUP shall remain in effect until the permit is
terminated. While the IUP did not directly impact any of the proposed improvements associated
with the Erhart Farms subdivision proposal, there are spoils from the wetland dredging that will
be required to be removed entirely from areas where public improvements are proposed with this
subdivision. Wetland soils, or hydric soils, are typically high in organic materials and do not lend
themselves to suitable engineering fill.
On October 25, 2021 the City Council approved a development contract for grading purposes
Grading DC) along with the Erhart Farms Phase 1 Mass Grading and Tree Removal Plan dated
October 13, 2021, contingent upon updates based on the conditions of the Grading DC. The
request for the Grading DC was made by the developer in order to begin mass grading and tree
clearing operations while the final plat and final construction plans were being finalized. While
tree clearing operations in association with the Tree Removal Plan were initiated, no mass
grading has yet occurred in association with the Erhart Farms Phase 1 Mass Grading plans. In
order to efficiently and more effectively administer the requirements of the Erhart Farms
development, staff is recommending consolidating the approved October 25, 2021 Grading DC
along with all of its applicable conditions with the Development Contract required to be entered
into upon approval of the final plat for Erhart Farms. The applicable conditions previously
approved with the Grading DC purposes are enumerated under the “Applicable
Recommendations from Approved Development Contract for Grading Purposes Passed by City
Council 10/25/2021” section of this report.
The developer is proposing to mass grade a majority of the site in order to construct the public
streets, house pads and stormwater management areas. However, Lots 4-10, Block 1 are being
proposed to be custom graded, which will be completed during the building permit phase.
Nonetheless, the grading plans adequately illustrate the feasibility of the custom graded lots in
association with the mass grading plans provided. As such the custom graded lots are acceptable
and the approach can be approved in accordance with City Ordinances.
While the grading plans are in general conformance with City Ordinances, there are multiple
driveways that are proposed to be near the maximum 10% allowed by Ordinance. Plans will be
required to show top of curb elevations at the centerline of each driveway to ensure that
individual building permits for each lot are in conformance with the plans and do not require
variances from the 10% maximum. Additionally, the developer’s engineer shall ensure that the
maximum driveway grades shown on the plan are calculated such that a 10-foot landing is
provided where the driveway connects to the street and a 5- to 10-foot landing is provided at the
garage. The recommended grade at these landing locations is 3%.
96355
Erhart Farm –775 and 731 W. 96th Street
April 19, 2022
Page 11
A geotechnical report with soil borings conducted by Haugo Geotechnical Services, dated
May 22, 2021 was provided by the developer. A geotechnical engineering firm shall be on-site
during grading operations to ensure the City’s Standard Specifications and Detail Plates are
adhered to along with any Minnesota Building Code requirements. If groundwater is
encountered during grading,the grades shall be adjusted to maintain a 3-foot separation from the
bottom floor elevation and adhering to the recommendations of the soil engineer on site.
Changes to grades shall be submitted to the City for review and approval.
Drainage and Storm Sewer
The proposed project area is bounded by
wetlands on the northern and western
sides. In the existing condition,
stormwater runoff generally flows from
the southwest to the northeast with the
majority of stormwater outletting to
Wetland 3. The proposed condition
maintains the existing drainage patterns.
The proposed design uses a storm sewer
trunk-line to collect and convey the
majority of the sites stormwater to a
combination wetpond/infiltration basin
best management practice (BMP) which
treats the stormwater before it discharges
to Wetland 3.
The proposed design also incorporates a
small filtration basin BMP located on
Lots 2 and 3, Block 1. The filtration
BMP treats stormwater before it drains to
Wetland 2. This BMP will be privately
owned and maintained, and as such will
be required to have an Operation and
Maintenance Agreement executed and
recorded concurrently with the final plat.
The development plans show storm sewer pipes, including draintile, with slopes less than 0.50%.
Pipes with shallow slopes are difficult to construct and can cause issues with future maintenance
because storm sewer velocities are not adequate for cleaning. Pipe slopes over 0.50% are
recommended in areas not restricted by elevation.
97356
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 12
RETAINING WALLS
The developer is proposing one retaining wall within the subdivision which will be wholly
located on Lot 8, Block 1. The wall is proposed to have a height of over four feet and must be
privately owned and maintained. Walls over four feet in height shall be constructed in
accordance with plans prepared by a registered engineer and shall be constructed of a durable
material (smooth face concrete, masonry/mortared, railroad ties and timber are prohibited). As
this wall is located within a lot that is proposed to be custom graded, construction plans
associated with the wall be reviewed and approved during the building permit process.
EROSION PREVENTION AND SEDIMENT CONTROL
The development will exceed one (1) acre of land disturbance and will, therefore, be subject to
the General Permit Authorization to Discharge Stormwater Associated with Construction
Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES
Construction Permit). Additionally, an Erosion and Sediment Control Plan (ESCP) in
accordance with Section 19-145 of City Ordinance shall be submitted for the grading operations
of the subdivision. The developer provided an ESCP along with a Stormwater Pollution
Prevention Plan (SWPPP) which were approved by the City in conjunction with the Grading DC
as mentioned previously under the “Grading” section of this report. As previously mentioned,
the approval of the Grading DC was contingent upon updates based on the conditions of the
approval. These conditions, which are being recommended to be incorporated as part of the
development contract required for the subdivision, require that updates to the SWPPP and ESCP
be provided prior to grading operations commencing.
SANITARY SEWER AND WATER MAIN
The subdivision has access to a 12” C900 PVC trunk water main that was extended by the
development to the north (Foxwood). This trunk main will eventually be looped to a 16” trunk
main within Powers Boulevard when the property to the west develops. As such, the developer
will be required to extend the 12” trunk water main and the City will reimburse the developer for
the cost of oversizing this extension along with its appurtenances as an 8” main would have been
sufficient in supplying the subdivision’s water demand. The 12” trunk main will follow the
street corridor to the south within Eagle Ridge Road as it will eventually connect to a future
water tower location within the future subdivisions as guided for in the 2040 Comprehensive
Plan. Water main stubs will be provided for future extensions when the property to the west
develops, along with a stub leading towards 96th Street. Any wells located on the property to be
developed must be properly abandoned.
A temporary lift station was installed by the Foxwood development to the north in order to
provide sanitary service for that subdivision. It was anticipated when future development to its
south (i.e. the currently proposed Erhart Farms subdivision) occurred the temporary lift station
would be removed and gravity sanitary sewer would be constructed to a planned permanent lift
station on Powers Boulevard in accordance with the 2040 Comprehensive Plan. The developer
98357
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 13
and their engineer have been working with staff since the pre-application meeting to determine
the feasibility of abandoning the temporary lift station and constructing a new permanent lift
station located near Outlot F abutting 96th Street rather than constructing the gravity system to
Powers Boulevard. The City reviewed this proposal as it would eventually eliminate Lift Station
20 at the end of 96th Street which, when build-out of the area is complete, would not increase the
net number of lift stations the City owns and maintains. After iterations of reviews and meetings
between the City and the developer and their engineers, it was determined that this approach is
feasible. The lift station has been preliminarily designed to accommodate sewerage flows from
Foxwood, the proposed Erhart Farms subdivision, the future Erhart Farms subdivision(s), and
96th Street. The 96th Street area was analyzed based on its current zoning and the possible
maximum units per acre if the area developed. As the lift station will facilitate sewerage flows
from areas not required by the development (i.e. flows from 96th Street and its potential future
build-out and the potential of a lot split at 9199 Eagle Ridge Road), the City will reimburse the
developer a proportion of the cost to construct the lift station based on sewerage flows (i.e.
residential units) along with reimbursement for the cost of stubbing out the sewer to 96th Street.
The proportion was calculated to be 71% the Developer’s cost and 29% the City’s, as follows:
Because the developer will be responsible for the portion of Foxwood’s sewerage flows, the
48,725.04 collected from the Foxwood development for the future build-out of a permanent lift
station will be reimbursed to the developer, along with the $10,000.00 escrow that was obtained
from the Foxwood development for the abandonment of the temporary lift station. The
developer and their engineers will be required to continue to work with staff in the final
construction plans and details of the proposed lift station along with its location. Items such as
the electrical and control panels for the lift station, SCADA pole location and path checks, final
details regarding the size and layout of the access, exact location of the force main, a detailed
breakdown of the costs of the lift station, and other construction related items associated with the
lift station still require finalization prior to approval of 100% construction plans. Staff has
provided the applicant and their design team construction related comments based on the most
recent submittal received to date which are the plans dated 10/17/2021 received with the
December 2021 submittal. Additionally, as the proposed force main will be located on a large
section of fill where the existing lift station is to be abandoned, a geotechnical engineer’s
recommendation on proper backfill and compaction techniques must be provided.
Lastly, as the extension of the utilities are from the Foxwood development and the City has yet to
accept these utilities for public ownership and maintenance, issuance of a Notice to Proceed for
utility work cannot be granted for the proposed development until Foxwood’s utilities have been
accepted. Also, a copy of all required permits from the appropriate regulatory agencies shall be
provided to the City which shall include but is not limited to the Minnesota Department of
Foxwood
Erhart Farm
Phase 1)
Erhart Farms
future)
9199 Eagle
Ridge Rd
W 96th St.Total Percentage
Developer's Portion 46 19 74 139 71%
City's Portion 2 55 57 29%
Lift Station Cost Share Breakdown - Residential Units
99358
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 14
Health, Metropolitan Council Environmental Services, Riley Purgatory Watershed District, and
the Minnesota Pollution Control Agency prior to issuance of a Notice to Proceed.
STORMWATER MANAGEMENT
Article VII, Chapter 19 of City Code describes the required stormwater management
development standards. Section 19-141 states that “these development standards shall be
reflected in plans prepared by developers and/or project proposers in the design and layout of site
plans, subdivisions and water management features.” These standards include water quality
treatment resulting in the removal of 90% total suspended solids (TSS) and 60% total
phosphorous (TP), and runoff rate control for the 2-, 10-, and 100-year storm events. The
proposed development is located within the RPBCWD and is therefore also subject to the their
rules and regulations. A Stormwater Management Study dated September 28, 2021 was
submitted by the applicant to the City and RPBCWD as part of the final plat review. The
applicant received conditional approval from RPBCWD on October 6, 2021. An approved
RPBCWD permit is required before grading or utility construction work can be started.
The water quality rules appear to be met with the use of a baffle, sump, filtration basin, and wet
pond/infiltration basin. Eighty-eight percent (88%) of TSS and 87% of TP is removed from the
system, via MIDS modeling, however the modeling does not include baffles the infiltration basin
design that will act to increase removal rates. The applicant will need to update MIDS and
resubmit the models in their native form to confirm the City’s water quality rule is met.
The Stormwater Management Study and supporting HydroCAD models show that the proposed
development meets the City’s stormwater rate control rules. Peak runoff rates for the proposed
condition are reduced when compared to the existing condition for the 2-, 10-, and 100-year
storm events.
The NPDES construction permit and RPBCWD Stormwater Rule both regulate water quality
volumes for development projects. RPBCWD rules are stricter, requiring 1.1-inch abstraction for
new and reconstructed impervious for the entire project area. The proposed project will have a
total impervious area of 5.35 acres requiring 21,300 cubic feet of abstraction volume. The
proposed infiltration basin provides 27,700 cubic feet of abstraction which exceeds the required
volume. Infiltration rate testing was conducted onsite on September 24, 2021 by Haugo
Geotechnical Services. Two test sites located at the proposed infiltration basin showed
infiltration rates of 2.16 in/hr and 3.24 in/hr, which far exceed the 0.375 in /hr rate needed to
drain the BMP in the 48 hour regulated timeframe. It should be noted that infiltration rates this
high are not typical in Chanhassen and are usually associated with sandy soils, which are ideal
for infiltration practices.
The proposed wet pond/infiltration BMP treats the majority of the stormwater runoff from the
development including runoff from public ROW and private property. As such, this BMP will be
publicly owned and maintained. The proposed maintenance access route to the BMP is off of
96th Street. In order to gain access to the outlet control structure (OCS) and rip rap emergency
100359
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 15
overflow (EOF) the berm between the wet pond and infiltration basin has to be traversed. The
elevation of the berm is 984.0, which is 1.5 feet lower than the modeled high-water level of the
pond (985.5). This configuration would restrict maintenance during flooded conditions.
Stormwater infrastructure (pipes and structures) are located within the access route. There is a
high probability of damaging stormwater infrastructure during routine pond maintenance and
therefore the storm sewer shall be offset from the maintenance route. The developer must work
with staff to improve the public stormwater facility’s access route along with providing adequate
justification that the maintenance access route section can support the weight of maintenance
equipment.
The BMP has an atypical design where the normal water level (NWL) 982.0 of the wet pond is
1.5 feet higher than the bottom of the infiltration basin 980.5. This configuration creates a
hydraulic head difference, which will act to convey water through the berm under normal
conditions. This is especially true with the high hydraulic conductivity/infiltration rates observed
onsite. Water migration through the berm could cause stability problems. As such, the City is
recommending an optimized configuration where the NWL of the wet pond matches the bottom
elevation of the infiltration basin, and the berm is elevated to allow access during flooded
conditions. The developer must work with staff to improve the public stormwater facility’s
operation and layout to the maximum extent possible within the given the limitations of the site
and RPBCWD regulations.
The filtration basin BMP located on Lots 2 and 3, Block 1 is to be privately owned and therefore
will require an Operations and Maintenance (O&M) Plan. An O&M Plan was not included in the
submittal. The plan that identifies the maintenance schedule, responsible party, and should
include information on how the system will be cleaned out. The applicant must work with staff
to create an approved O&M Plan that will be signed prior to recording the final plat.
STORMWATER UTILITY CONNECTION CHARGES
City Ordinance sets out the fees associated with surface water management. A water quality and
water quantity fee are collected with a subdivision. These fees are based on land use type and
are intended to reflect the fact that the more intense the development type, the greater the
degradation of surface water.
This fee will be applied to the new lots of record being created. The fees will be assessed at the
rate in effect at that time; 2022 rates are $8,830.00 per acre.
ASSESSMENTS
Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be
assessed at the rate in effect at that time; 2022 rates for partial hookup fees are $691.00 per unit
for sanitary sewer and $2,562.00 per unit for water. The remaining partial hookups fees are due
with the building permit.
101360
Erhart Farm –775 and 731 W. 96th Street
April 19, 2022
Page 16
Fees
Based on the proposal the following fees would be collected with the development contract:
a)Administration Fee: If the improvement costs are less than $500,000, 3% of the
improvement costs. If the improvement costs are between $500,000 and $1,000,000, 2%
of the improvement costs. If the improvement costs exceed $1,000,000, 2.5% of the first
1,000,000 plus 1.5% of the remainder.
b)Surface Water Management Fee: $8,830.00 per acre
c)A portion of the water hook-up charge: $2,562.00/unit
d)A portion of the sanitary sewer hook-up charge: $691.00/unit
e)Park Dedication Fee: $5,800.00/unit
f)Street Lighting Charge (for electricity): $300.00/light
g)GIS Fees: $100 for the plat plus $30 per parcel
h)Final Plat Process (review and recording of Plat and DC): $450.00
WETLANDS AND BUFFERS
Several wetlands were identified and delineated on and near the property. The applicant
submitted a wetland delineation report in July 2020 and the wetland types and boundaries were
approved in August 2020. A summary of the delineated wetlands and types can be seen in the
table below.
The applicant is showing impacting 100% of Wetland 1. The applicant must submit a Joint
Application for wetland impacts for this proposed activity. In addition, a small area northeast of
Lot 5, Block 1 shows that the 5-foot pervious nature trail encroaches into Wetland 3. The
applicant should clarify if this area would constitute as wetland impacts. If so, it would also need
to be included in the Joint Application submittal.
102361
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 17
The applicant has shown wetland buffers on the property. The applicant is showing to use buffer
averaging to achieve the overall required buffer area. The wetland buffer widths and wetland
buffer monuments appear to be sufficient. However, the plans show that grading is proposed
within the wetland buffer in Lots 1 thru 3, Block 1 and Lots 11 and 12, Block 2. The applicant
should submit a landscape plan to ensure that this area sufficiently grows back with native buffer
vegetation.
LANDSCAPING AND TREE PRESERVATION
The applicant for the Erhart Farm Phase I development submitted tree canopy coverage and
preservation calculations.
Total upland area (excludes wetlands, bluff)21.184 acres
Baseline canopy coverage 84% or 17.83 acres
Minimum canopy coverage required 55% or 11.65 acres
Proposed tree preservation 24% or 5.1 acres
The developer does not meet minimum canopy coverage for the site; therefore the applicant must
bring the canopy coverage on site up to the 55% minimum. The difference between the required
coverage and the remaining coverage is multiplied by 1.2 for total area to be replaced. One tree
is valued at 1,089 SF.
Minimum required 11.65 acres
Less canopy preserved 5.1 acres
Minimum canopy coverage to be replaced 6.55 acres
Multiplied by 1.2 7.86 acres or 342,381 sf
Divided by 1089sf =Total number of trees to be planted 314 trees
The applicant has submitted a landscape plan showing a total of 314 trees to be planted in the
development. Any trees planted outside of the final plat area will not be counted towards
reforestation quantities.
There are no buffer yard landscaping requirements for this development.
The applicant has not provided quantities for any species proposed to be planted. The applicant
must verify that species diversity requirements are met for the development, namely no more
than 10% of any one species, no more than 20% of any one genus and no more than 30% of any
one family. A revised landscape plan with a complete Plant Schedule listing quantities, plant
names, sizes and survey symbol must be submitted to the City for approval prior to a Notice to
Proceed.
In the submitted Final Plat narrative dated December 17, 2021, the applicant has proposed
conservation easements on Lots 2 thru 10, Block 1 and staff would support this. The existing
103362
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 18
woods in this area contain a diversity of native species such as sugar maples, red oaks, basswood
and ironwood. Many of these trees are significant and provide aesthetic and environmental
benefits within the community. A conservation easement would protect the remaining area of
trees on Lots 4 thru 10. Lots without any remaining trees, which would include Lots 1 thru 3, 11
thru 18 are proposed to have reforestation plantings in the rear yards. These trees will be a mix
of potted, transplanted and balled and burlapped trees planted in a random pattern to replicate a
native woods. The plantings will be crucial in meeting the reforestation requirements to replace
lost canopy cover on over half of the lots. To ensure that these trees grow and become canopy
cover, staff recommends that the proposed Conservation Easement extend over the Reforestation
Mix planting areas. The applicant shall submit a plan showing the proposed Conservation
Easement for city approval and shall be recorded concurrently with the final plat.
As part of the 314 trees required for reforestation, the applicant is including 27 trees that were
planted in 2021 as part of the replacement plantings for a haul road from the applicant’s wetland
project. When the lots are inspected for the required number of trees, any of these trees found to
be less acceptable than standard nursery stock or dead will be required to be replaced with 2.5”
nursery stock.
Tree plantings have been located on the west side of the proposed collector. The 18 proposed
plantings shall be relocated to the ‘reforestation mix’ area on the 18 lots. No plantings will be
allowed on the west side of the collector road due to future construction in that area. Trees
planted in unbuilt lots have low survivability due to lack of care. Additionally, once construction
starts on a lot, protecting the tree is extremely difficult and damage to the tree is easily done.
The trees that will be required for those lots must planted in a future phase after construction is
completed on the lots.
The applicant has requested a variance from the minimum size requirements for reforestation
plantings. Staff can support the variance for allowing the 110 proposed nursery stock potted
trees. Staff believes this approach can facilitate a more natural layout for reforestation plantings.
Using tree stock of different sizes will foster structural diversity and serve to bear some
resemblance to a naturally occurring wooded area.
The applicant has requested a variance from supplying certified nursery stock for the
development. As proposed in the landscape plan, the applicant would transplant 84 trees found
on site in addition to the 27 transplanted trees installed in 2021. This equates to 35% of the
proposed trees to be planted. Staff recommends that no more than 10% of the total required
plantings come from uncertified nursery stock. Certified nursery stock is inspected by the
Minnesota Department of Agriculture for any signs of disease or pests. Plant materials found to
have diseases or pests that can harm or kill landscape plants are treated or destroyed to ensure
that all plant stock sold by nurseries is healthy and safe for the environment. While transplanting
trees on site may be at less risk to introducing new pests or diseases, there is no guarantee that
this is so and could potentially spread diseases or pests from one area of property to another. In
addition to protecting the vegetation health, plant stock from a commercial nursery is required to
meet criteria for proper tree health, growth and structure. There are minimum requirements for
104363
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 19
size, root growth, and branching structure. These criteria ensure that the tree is of the best
possible quality when planted and is set up for good health and longevity. If there are native
trees on site that meet the minimum proposed diameter of 2.5” and are without major structural
defects, then the applicant can identify transplant trees for approval by the city. The applicant
may have up to 10% of the total required reforestation total originating from uncertified, wild
stock in addition to the 27 transplanted trees already installed. This 10% equates to a total of 31
trees to be sourced on site for transplanting.
A total of 230 trees will be scheduled for planting within the ‘reforestation mix’ area shall be
planted as one planting project. The 230 trees are comprised of 110 ¾”-1” nursery potted trees,
89 developer installed 2.5” B&B nursery stock trees, and 31 on-site transplants. A tentatively
scheduled planting date as well as a maintenance plan that includes regular weekly watering will
be required to be submitted prior to the Notice to Proceed.
PARKS & RECREATION
Park Plan
The City’s Comprehensive Park Plan calls for a neighborhood park to be located within one-half
mile of every residence in the city. The park service area of community parks extends to a
distance of 1-2 miles. The proposed Erhart Farm Subdivision is located directly adjacent to the
58-acre Fox Woods Park Preserve and directly across CSAH 101 from the 45-acre Bandimere
Community Park. Bandimere Community Park offers a wide and growing array of recreational
amenities and has been open to the public since 1999. Development of public access points to
the Fox Woods Park Preserve, through a combination of vehicle and pedestrian touch points as
well as the installation of a series of nature trails within the preserve, will continue with the
development of the Erhart property.
Additional acquisition of public open space through the application of park dedication
requirements is not recommended as a condition of the subdivision. Outlot A shall be retained by
the developer or Homeowners Association as a private open space subdivision amenity.
Trail Plan
Residents purchasing homes within the new Erhart Farm subdivision will have convenient
pedestrian access to area public park facilities through careful planning and construction of some
key pedestrian improvements:
Planning and construction of interior sidewalks within the subdivision.
Planning and construction of a CSAH 101 trail connection between the current trail
terminus at the Bandimere Park Pedestrian Underpass and the northern terminus of the
plat adjacent to and along CSAH 101.
105364
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 20
Planning and construction of interior trails within the subdivision from Eagle Ridge Road
to Fox Woods Park Preserve and Powers Boulevard with future phases of the
development.
A “5-foot pervious nature trail” is shown that connects to the 96th Street right-of-way and
terminates at an existing stormwater facility that treats runoff from CSAH 101. A permanent
trail, and drainage and utility easement along the rear lot lines of Lots 5 thru 17 shall be
dedicated with the final plat. Trail development may occur in the future.
Park and Trail Conditions of Approval
Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected
as a condition of approval for Erhart Farm for the 23 new housing units. The Park fees will be
collected in full at the rate in force upon final plat submission and approval. Based upon the
City’s 2022 single-family Park fee of $5,800 per unit, the total Park fees for Erhart Farm would
be $133,400.00. Outlot B shall be donated or dedicated to the City of Chanhassen to be part of
permanent open space around the wetland complexes.
MISCELLANEOUS
Building
1. A building permit must be obtained before beginning any construction.
2. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code; additional comments or
requirements may be required after plan review.
3. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
4. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
5. Each lot must be provided with a separate sewer and water service.
Fire
1. Fire hydrant locations and distancing look to be appropriate. No landscaping (trees,
shrubs, plants) to be done within three feet in all directions around each hydrant.
2. Roads 20-26 feet wide will need to have No Parking Fire Lane signs on both sides of the
road.
3. Elevation drops and grading for roads will need to meet Fire Access road maximum of
10%.
4. No combustible construction (wood) can begin until fire apparatus access roads are
approved (temporary is ok) and hydrants are installed and active/usable. Foundation work
is acceptable.
5. May not block emergency access or fire hydrants during construction at any time.
106365
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 21
Planning
When this parcel is platted, it shall be removed from the rural service district in the city of
Chanhassen. Section 2-32 (c) Whenever any parcel of land included in the rural service district
is platted, in whole or in part, or whenever application is made for a permit for the construction
of commercial, industrial or urban residential building or improvement to be situated on such
parcel or any part thereof, or whenever such building or improvement is commenced without a
permit, the City Council shall make and enter an order by resolution transferring such platted or
improved parcel from the rural service district to the urban service district.
Carver County
Preliminary feedback on Erhart Farm Preliminary Plat PID# 251550022
1. Regarding access onto the County Highways
a. A Transportation Impact Analysis (TIA) is required based on the number of proposed
units for the full development of the parcel and potential traffic impacts to CSAH 101
and CSAH 17. The TIA will need to evaluate the operations at the following
intersections: CSAH 17/Proposed local road intersection, CSAH 101/W. 96th St., and
CSAH 101/Eagle Ridge Road intersections. See the attachment titled Appendix A:
Traffic Impact Analysis Process for requirements. Based on TIA findings, County
may impose reasonable conditions to mitigate development driven traffic impacts at
these intersections.
b. Future access is proposed at CSAH 17 for the full buildout of the development. The
proposed access to CSAH 17 is located 0.15 miles from the CSAH 17/TH 212 ramp
intersection to the north and 0.29 miles from the CSAH 17/CSAH 14 intersection to
the south. Turn lanes have already been constructed at the proposed access point.
c. The County’s Access Spacing Map in the 2040 Comprehensive Plan (Figure 4.14)
identifies this segment of CSAH 17 as Category 5B, which guides full access
intersection spacing at 1/4 mile intervals and secondary (limited) intersection spacing
at 1/8 mile intervals. As proposed, the distance to the CSAH 17/TH 212 ramp
intersection meets the spacing guidance for secondary (limited) access consideration
and the distance to the CSAH 17/CSAH 14 intersection meets the spacing guidance
for full access consideration. More information and review of operations and safety
analysis from the TIA is needed to determine the recommended and allowable
intersection type at the CSAH 17 connection point.
d. No additional direct access to CSAH 101 is proposed. Additional County review and
approval will be required if this condition changes.
2. Regarding Highway Right-of-Way
a. CSAH 17 at this location is a 4-lane divided urban roadway facility with a trail on
both sides. The existing right-of-way adjacent to the parcel varies but is
approximately 50 feet from the centerline of the roadway plus a State-owned outlot
with a variable width. The right-of-way and combined State-owned outlot for CSAH
17 appear to meet the right-of-way guidance for consistency with the County’s 2040
Comprehensive Plan (Figure B.6), but further review of preliminary plat and survey
documents is required to confirm this.
107366
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 22
b. CSAH 101 at this location is a 4-lane divided urban roadway facility with a trail on
both sides. The existing right-of-way adjacent to the parcel varies but is
approximately 75 feet from the centerline of the roadway. The right-of-way for
CSAH 101 appears to meet the right-of-way guidance for consistency with the
County’s 2040 Comprehensive Plan (Figure B.6), but further review of preliminary
plat and survey documents is required to confirm this.
c. Review of plat documents is needed to ensure existing right-of-way around the two
stormwater ponds adjacent to CSAH 101 is shown on the drawings.
d. County recommends all new, dedicated outlots adjacent to the County right-of-way
be owned by the City.
3. Noise mitigation along CSAH 17 and CSAH 101 is recommended via increased setback,
berm, and/or other screening of planned dwellings adjacent to CSAH 17 or CSAH 101.
4. The County will need to review and approve the final grading plans for properties
adjacent to CSAH 101 and CSAH 17. A grading permit will be required for grading work
within the highway right-of-way.
5. The technical details of the final plat, its boundaries and form(s) will need to be reviewed
and approved by the County surveyor.
6. Prior to any work affecting or on County highways or in County right-of-way, the
applicant shall coordinate plans with the County Engineer and obtain a Utility or
Excavating/Filling/Grading Permit(s) from Carver County Public
Works: (www.co.carver.mn.us/departments/public-works/quick-links/permits). Final
details of locations, grades, and profiles affecting County roads as well as any utility
connections will need to be reviewed and approved prior to any permits.
7. Any damages, modifications, or changes incurred on County highways from current or
approved conditions will need to remedied or updated at development expense, including
costs incurred by the County.
COMPLIANCE TABLE
Area (sq.
ft.)
Width
ft.)
Depth (ft.)Hard
Cover
sq. ft.
Notes
Code 15,000 90 125 25 / 3,750 0.34 ac
L1 B1 15,333 115 139 25/3,833 0.35 ac. @ 5 ft. front yard
setback and 10 ft. wetland
buffer setback variance,
wetland setback
L2 B1 17,958 95 146 25/4,489 0.41 ac., corner lot, wetland
setback
L3 B1 18,046 77*178 25/4,511 0.41 ac., 90 ft. at front
setback
L4 B1 29,680 63*197 25/7,420 0.68 ac., 90 ft. at front
setback, wetland setback
108367
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 23
L5 B1 28,614 74*217 25/7,153 0.66 ac., 91 ft. at front
setback, wetland setback
L6 B1 21,023 87*217 25/5,255 0.48 ac. 90 ft. at front
setback, wetland setback
L7 B1 20,382 87*212 25/5,095 0.47 ac., 90 ft. at front
setback, wetland setback
L8 B1 24,737 73*212 25/6,184 0.57 ac., 90 ft. at front
setback, wetland setback
L9 B1 27,560 70*206 25/7,478 0.69 ac., 90 ft. at front
setback, wetland setback
L10 B1 23,319 93 179 25/5,830 0.53 ac. Corner lot
L11 B1 21,182 90 197 25/5,295 0.49 ac., wetland setback
L12 B1 15,525 94 178 25/3,881 0.36 ac., wetland setback
L13 B1 19,061 95 201 25/4,765 0.41 ac., wetland setback
L14 B1 27,329 90 251 25/6,832 0.63 ac., infiltration in rear
L15 B1 23,854 90 224 25/5,964 0.55 ac., infiltration in rear
L16 B1 21,635 90 187 25/5,409 0.5 ac., infiltration in rear
L17 B1 22,436 103 180 25/5,616 0.51 ac., corner lot
L18 B 1 20,459 164 240 25/5,115 0.47 ac.
L19 B1 82,206 159 282 25/20,551 1.89 ac., storm pond
L1 B2 15,029 105 173 25/3,757 0.35 ac.
L2 B2 15,288 90 153 25/3,822 0.35 ac.
L3 B2 15,573 108 153 25/3,893 0.36 ac.
L4 B2 15,458 121 141 25/3,864 0.35 ac.
L5 B 2 104,841 209 416 25/26,210 2.41 ac, accessed via
existing easement
Outlot A 29,882 0.69 ac. Open space, HOA
Outlot B 1,000,011 22.96, wetlands and
permanent open space
Outlot C 93,447 2.15, stormwater pond and
wetland
Outlot D 32,477 0.75 ac. Future
development and lift station
Outlot E 886,254 20.35 ac. future
development
Outlot F 594,561 13.65 ac. Future
development
Outlot G 874,481 20.08 ac. Future
development
Outlot H 910,403 20.9 ac. Future
development
ROW 143.509 3.29 ac.
Total 5,102,632 117.14 ac
109368
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 24
@ Approved 5-foot front yard setback variance and a 10-foot wetland buffer setback variance.
Approved lot frontage variance (All lots meet the lot width requirement at 30 feet setback.)
Setbacks: 30-Foot Front and Rear; 10-Foot Side; Wetland 20-foot buffer and 30-foot buffer
setback
VARIANCE
The applicant received approval for the following variances as part of the original subdivision:
1. Seven lots with less than 90 feet of frontage (Lots 3 thru 9, Block 1).
2. One lot with a front yard setback variance of five feet to permit a 25-foot front yard
setback (Lot 1, Block 1).
3. One lot with a 10-foot wetland buffer setback to permit a setback of 20 feet (Lot 1,
Block)
4. Eagle Ridge Way is proposed to be a 26-foot wide back-of-curb to back-of-curb design
within a standard 60-foot right-of-way. The variance is from the City’s 31-foot wide
street standard.
As part of the amended preliminary plat to include the parcel on 96th street within the
subdivision, the applicant is requesting a variance from the tree replacement requirements for the
development.
110369
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 25
Variance findings for subdivision (tree replacement requirements):
a. The hardship is not a mere inconvenience;
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land including trees;
111370
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 26
c. The condition or conditions upon which the request is based are unique and not generally
applicable to other property because of the development design and wetland preservation;
d. The granting of a variance will not be substantially detrimental to the public welfare and
is in accord with the purpose and intent of subdivision regulations, the Zoning Ordinance
and Comprehensive Plan since it will reduce potentially significant impacts on the site
and within the neighborhood.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the rezoning of the
development from Agricultural Estate District (A2) to Single-Family Residential District (RSF);
and preliminary plat with variances for tree replacement requirements subject to the following
conditions:
Building
1. A building permit must be obtained before beginning any construction.
2. Building plans must provide sufficient information to verify that proposed building meets
all requirements of the Minnesota State Building Code; additional comments or
requirements may be required after plan review.
3. Retaining walls (if present) more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
4. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
5. Each lot must be provided with a separate sewer and water service.
Fire
1. Fire hydrant locations and distancing look to be appropriate. No landscaping (trees,
shrubs, plants) to be done within three feet in all directions around each hydrant
2. Roads 20-26 feet wide will need to have No Parking Fire Lane signs on both sides of the
road.
3. Elevation drops and grading for roads will need to meet Fire Access road maximum of
10%.
4. No combustible construction (wood) can begin until fire apparatus access roads are
approved (temporary is ok) and hydrants are installed and active/usable. Foundation work
is acceptable.
5. May not block emergency access or fire hydrants during construction at any time.
Engineering
1. Easements identified within the platted area must be vacated before, or concurrently, with
recording of final plat.
2. The developer will be required to obtain any necessary right-of-way easements for the
extension of 96th Street from abutting properties.
112371
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 27
3. The driveway to any existing residence proposed to remain must be surfaced with
bituminous, concrete or other hard surface materials.
4. The developer will be reimbursed for the removal of the temporary cul-de-sac and
extension of the street and sidewalk in this area in the amount of $33,750.00.
5. If “Eagle Ridge Way” is to facilitate parking on one-side of the road, the width will be
required to be updated on the plans to a minimum of 26 feet wide from face-of-curb to
face-of-curb. Face-of-curb is considered 12 inches from back-of-curb with the
surmountable curb design.
6. All locations where the extension of public streets may occur shall have barricades and
Future Street Extension” signs erected.
7. All comments and conditions associated with Carver County’s “Development / Access
Review” memo dated January 10, 2022 must be addressed or met, as applicable, prior to
the City considering approval of the final plat.
8. The final plat shall be updated to ensure DUE around the pond and infiltration basin
encompass an area that is a minimum of one foot higher than the 100-year HWL.
9. The applicant must update the final plat to include DUE that facilitate a contiguous
connection between the newly dedicated DUE or right-of-way with Erhart Farms and the
existing Lot 1, Block 1 of Butternut Ridge.
10. The newly proposed public lift station shall be located on an Outlot dedicated to the City.
11. All wetland spoils associated with Interim Use Permit #2021-03 must be removed from
areas where public improvements are proposed.
12. The developer’s engineer shall ensure that the maximum driveway grades shown on the
plan are calculated such that a 10-foot landing is provided where the driveway connects
to the street and a 5- to 10-foot landing is provided at the garage
13. The developer will be required to extend the 12” trunk water main and the City will
reimburse the developer for the cost of oversizing this extension along with its
appurtenances.
14. Any wells located on the property to be developed must be properly abandoned.
15. The developer will be reimbursed 29% of the cost for the construction of the lift station.
16. The developer will be reimbursed for the cost of construction of the lift station in the
amount of $48,725.04 as this was escrowed by the Foxwood development for the
construction of the permanent lift station.
17. The developer will be reimbursed for the removal of the temporary lift station in the
amount of $10,000.00.
18. The developer must work with staff in the final construction plans and details of the
proposed lift station and its appurtenances, along with its location.
19. A geotechnical engineer’s recommendation on proper back fill and compaction for the
force main extended through the abandoned lift station location must be provided.
20. Issuance of a Notice to Proceed for the development shall not be granted until the public
utilities being extended from the Foxwood development have been accepted.
21. A copy of all required permits from the appropriate regulatory agencies shall be provided
to the City which shall include but is not limited to the Minnesota Department of Health,
Metropolitan Council Environmental Services, Riley Purgatory Watershed District, and
the Minnesota Pollution Control Agency prior to issuance of a Notice to Proceed.
113372
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 28
22. The applicant shall enter into a Development Contract with the City and pay all the
applicable fees and securities prior to recording of final plat.
Applicable conditions from approved Development Contract for Grading (Grading DC)
purposes passed by City Council October 25, 2021:
1. The developer shall conduct a walk-through of the grading limits on site with City staff
prior to removals to inspect for opportunities for additional tree preservation prior to
grading operations.
2. Tree preservation fencing shall be installed at the edge of clearing limits and around
existing trees to be saved prior to any construction activities and remain installed until
completion.
3. A preconstruction meeting shall be held by the developer and their contractor(s) with the
City and its representatives prior to grading operations.
4. A geotechnical engineer shall be on-site during grading operations. If groundwater is
encountered during grading, grades shall be adjusted to maintain a 3-foot separation from
the bottom floor elevation and adhering to the recommendations of the soil engineer on
site. Changes to grades shall be submitted to the City for review and approval.
5. Haul routes for the import or export of soil, construction material, construction equipment
or construction debris, or any other purpose, shall be provided prior to commencement of
grading operations.
6. The applicant shall provide an updated SWPPP that shall meet all requirements set forth
in the applicant’s NPDES Construction Permit, such as locations of concrete wash-outs,
stockpile areas, estimated quantities of erosion control BMPs, training credentials of
SWPPP installer, prior to commencement of grading operations.
7. The applicant shall provide an updated ESCP and SWPPP that address item 16.1 –
Infiltration Systems of the NPDES Construction Permit. Requirements such as
excavation of infiltration systems to final grade, or within three feet of final grade, are
either prohibited or require additional measures to ensure their protection.
8. The applicant shall update the ESCP and SWPPP to eliminate the use of straw mulch as a
stabilization BMP.
9. The applicant shall supply a dewatering plan to the Water Resources Engineer for review
and approval prior to dewatering activities on-site.
10. A minimum of 273 trees that meet Ordinance requirements will be required to be planted
on-site. Reforestation planting quantities may be recalculated if the land use changes.
11. A landscaping security of $100,000.00 was required upon issuance of the Grading DC,
dated October 25, 2021, associated with the development. Upon receipt of the updated
engineer’s estimate, if 7% of the cost of public improvements is more, or less, than the
provided landscaping security, the security will be adjusted accordingly.
12. An erosion control security for 110% of the cost of erosion and sediment controls, or
22,445.07, was required upon issuance of the Grading DC dated October 25, 2021,
associated with the development. Upon receipt of the updated engineer’s estimate, if the
cost of erosion and sediment controls is more, or less, than the provided erosion control
security, the security will be adjusted accordingly.
114373
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 29
13. All comments and conditions set forth by the Riley Purgatory Bluff Creek Watershed
District shall be addressed by the applicant prior to grading operations.
Environmental Resources
1. No trees shall be located within the right-of-way or sight triangles.
2. Lots 4 thru 9 shall have only one tree required in the front yard.
3. Lots 4 thru 10 shall have a Conservation Easement covering the existing wooded areas in
the rear yards.
4. Lots 1 thru 3 and 11 thru 13 shall have a Conservation Easement over the reforestation
area.
5. All potted trees will have animal protection installed at planting time.
6. All Conservation Easement areas shall have signage posted at the property corners on
each lot.
7. Required tree plantings may only be located on Lots 1 thru 18 and Outlots A and C.
8. A revised landscape plan with a complete Plant Schedule listing quantities, plant names,
sizes and survey symbol and showing the locations of all 314 trees must be submitted to
the city for approval prior to a Notice to Proceed.
9. The applicant shall submit a plan showing the proposed Conservation Easement for City
approval and shall be recorded concurrently with the final plat.
10. At the time of final landscape inspection, any transplant trees found to have less than
70% canopy or dead will be required to be replaced with 2.5” nursery stock.
11. Totals for tree stock sizes includes 146 - 2.5” B&B, 110 potted nursery stock, 31 on-site
transplants, and 27 previously installed transplants.
12. The applicant shall submit a tentatively scheduled planting date as well as a maintenance
plan that includes regular weekly watering prior to the Notice to Proceed.
Parks & Recreation
Full Park fees in lieu of additional parkland dedication and/or trail construction shall be collected
as a condition of approval for Erhart Farm for the 23 new housing units. The Park fees will be
collected in full at the rate in force upon final plat submission and approval. Based upon the
City’s 2022 single-family Park fee of $5,800 per unit, the total Park fees for Phase I of Erhart
Farm would be $133,400.00.
Outlot B shall be donated or dedicated to the City of Chanhassen to be part of permanent open
space around the wetland complexes.
Planning
1. The developer shall comply with the requirements of Carver County regarding access and
right-of-way to County highways.
2. When this parcel is platted, it shall be removed from the rural service district in the City
of Chanhassen.
115374
Erhart Farm – 775 and 731 W. 96th Street
April 19, 2022
Page 30
Water Resources
1. The applicant shall clarify if the 5-foot pervious nature trail is proposed to impact any
parts of Wetland 3 near Lot 5, Block 1.
2. The applicant must verify the location of the wooden bridge structure between Wetland 2
and Wetland 3 near Lot 5, Block 1 and add it to the existing conditions survey. If the
structure is to remain in place the applicant shall supply bridge ratings, as-builts and an
approved waterbody crossing from RPBCWD.
3. The applicant shall submit information regarding reseeding any areas where grading is
proposed within the wetland buffer, specifically in Lots 1 thru 3, Block 1 and Lots 11 and
12, Block 2.
4. The applicant will need to update MIDS and resubmit the models in their native form to
confirm the City’s water quality rule is met.
5. The applicant shall enter into an Operations and Maintenance (O&M) Agreement for any
proposed privately owned stormwater facilities.
6. The developer shall work with staff to improve the public stormwater facility’s access
route.
7. The developer shall work with staff to improve the public stormwater facility’s operation
and layout to the maximum extent possible within the given limitations of the site and
RPBCWD regulations.
8. The developer must work with staff to improve the design of the public stormwater
infrastructure including pipe slopes.
ATTACHMENTS
Findings of Fact and Recommendation
Development Review Application
Narrative
Preliminary Plat
Site Development Plans
Carver County Development Review dated June 22, 2021 updated January 10, 2022
Public Hearing Notice and Mailing List
g:\plan\2021 planning cases\21-12a 775 96th street w., erhart farm, pp and fp\staff report erhart farm amended prelim.docx
116375
1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE: Application of Black Cherry Development, LLC – Planning Case No. 2021-12A, Erhart
Farm.
Request for Rezoning from Agricultural Estate District (A2) to Single-Family Residential
District (RSF), Subdivision Approval creating 24lots and eight outlots with a Variance from the
tree replacement regulations.
On April 19, 2022, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Black Cherry Development, LLC for an amendment to an
approved preliminary single-family residential development. The Planning Commission
conducted a public hearing on the proposed development preceded by published and mailed
notice. The Planning Commission heard testimony from all interested persons wishing to speak
and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate District (A2).
2. The property is guided in the Land Use Plan for Residential – Low Density uses.
3. The legal description of the property is:
See Exhibit A)
4. REZONING FINDINGS
The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse
affects of the proposed amendment. The six (6) affects and our findings regarding them are:
a. The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the land use and housing goals of
the 2040 Comprehensive Plan;
b. The proposed use is or will be compatible with the present and future single-family
residential and open space 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,
but will enhance the residential character of the area;
117376
2
e. The proposed use can be accommodated with existing and proposed public services and
will not overburden the City's service capacity;
f. Traffic generation by the proposed use is within capabilities of streets serving the
property.
5.SUBDIVISION FINDINGS
a. The proposed subdivision is consistent with the Zoning Ordinance and meets all of the
requirements of the “RSF” Single-Family Residential District;
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the City's Comprehensive Plan;
c. The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and stormwater
drainage are suitable for the proposed development;
d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by the
subdivision ordinance;
e. The proposed subdivision will not cause significant environmental damage subject to
compliance with the conditions of approval;
f. The proposed subdivision will not conflict with easements of record, but rather will expand
and provide all necessary easements;
g. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
1) Lack of adequate stormwater drainage.
2) Lack of adequate roads.
3) Lack of adequate sanitary sewer systems.
4) Lack of adequate off-site public improvements or support systems.
6. VARIANCE FINDINGS WITH A SUBDIVISION
a. The hardship is not a mere inconvenience;
b. The hardship is caused by the particular physical surroundings, shape or topographical
conditions of the land including trees;
c. The condition or conditions upon which the request is based are unique and not generally
applicable to other property because of the development design and wetland preservation;
118377
3
d. The granting of a variance will not be substantially detrimental to the public welfare and is
in accord with the purpose and intent of subdivision regulations, the Zoning Ordinance and
Comprehensive Plan since it will reduce potentially significant impacts on the site and
within the neighborhood.
7.The planning report #2021-1A2 dated April 19, 2022, prepared by Robert Generous, et al, is
incorporated herein.
RECOMMENDATION
The Planning Commission recommends that City Council approve the proposed rezoning
from Agricultural Estate District (A2) to Single-Family Residential District (RSF); and amended
Preliminary Plat approval for 24 lots and eight outlots, and a Variance from the tree replacement
requirements subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 19th day of April, 2022.
CHANHASSEN PLANNING COMMISSION
BY:
Mark von Oven, Chairman
119378
4
EXHIBIT A
Legal Description
Parcel 1: That part of Outlot A, Butternut Ridge Addition, according to the recorded plat thereof,
Carver County, Minnesota, lying easterly and northeasterly of the following described line:
Beginning at the most southerly northeast corner of said Outlot A, said point also being the
northeast corner of Section 26, Township 116 North, Range 23 West; thence South 00 degrees 28
minutes 49 seconds East, assuming the most southerly north line of said Outlot A has a bearing of
North 89 degrees 58 minutes 27 seconds East, a distance of 566.98 feet; thence South 75 degrees 21
minutes 54 seconds East 655.69 feet to an angle point in the southerly line of said Outlot A, and said
line there terminating.
EXCEPTING THEREFROM the following:
That part of Outlot A, Butternut Ridge Addition, Carver County, Minnesota, lying westerly of the
westerly right of way line of Trunk Highway No. 101, MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 10-46, AND 10-47, according to the recorded
plats thereof, Carver County, Minnesota, and easterly of the following described line:
Commencing at point B7 of said right of way plat; thence South 89 degrees 34 minutes 41 seconds
West, assumed bearing, along the south line of said Outlot A 32.22 feet to the point of beginning of
a line to be described; thence northerly 200.91 feet along a non-tangential curve, concave to the
west, central angle 20 degrees 11 minutes 41 seconds, radius 570.00 feet, chord bearing North 09
degrees 18 minutes 16 seconds West; thence northwesterly 435.88 feet along a compound curve,
concave to the southwest, radius 703.00 feet, central angle 35 degrees 31 minutes 29 seconds;
thence North 54 degrees 55 minutes 36 seconds West, along tangent, 516.07 feet to a point on said
westerly right of way line and said line there terminating.
ALSO EXCEPTING THEREFROM the following:
That part of Outlot A, Butternut Ridge Addition according to the recorded plat thereof, Carver
County, Minnesota lying westerly of a line described as follows:
Commencing at the South corner of Lot 2, Block 4, Foxwood, according to the recorded plat thereof
Carver County, Minnesota; thence on an assumed bearing of North 00 degrees 02 minutes 05
seconds West along the East line of said Lot 2 a distance of 189.51 feet to the Northeast corner of
said Lot 2 and the point of beginning of said line; thence South 48 degrees 05 minutes 58 seconds
East 61.09 feet; thence South 41 degrees 54 minutes 02 seconds West 134.40 feet to the
Southwesterly line of said Lot 2 and said line there terminating.
TOGETHER WITH the following:
That part of Lot 2, Block 4, Foxwood, according to the recorded plat thereof, Carver County,
Minnesota lying easterly of a line described as follows:
120379
5
Commencing at the Southerly corner of Lot 2, Block 4, Foxwood, according to the recorded plat
thereof, Carver County, Minnesota; thence on an assumed bearing of North 00 degrees 02 minutes
05 seconds West along the East line of said Lot 2 a distance of 189.51 feet to the Northeast corner
of said Lot 2 and the point of beginning of said line; thence South 48 degrees 05 minutes 58 seconds
East 61.09 feet; thence South 41 degrees 54 minutes 02 seconds West 134.40 feet to the
Southwesterly line of said Lot 2 and said line there terminating.
Parcel 2: That part of Outlot A, Butternut Ridge Addition, according to the recorded plat thereof,
Carver County, Minnesota, lying westerly and southwesterly of the following described line:
Beginning at the most southerly northeast corner of said Outlot A, said point also being the
northeast corner of Section 26, Township 116 North, Range 23 West; thence South 00 degrees 28
minutes 49 seconds East, assuming the most southerly north line of said Outlot A has a bearing of
North 89 degrees 58 minutes 27 seconds East, a distance of 566.98 feet; thence South 75 degrees 21
minutes 54 seconds East 655.69 feet to an angle point in the southerly line of said Outlot A, and said
line there terminating.
EXCEPTING THEREFROM the following:
Tract A: Outlot A, Butternut Ridge Addition, Carver County, Minnesota; which lies westerly and
northwesterly of Line 1 described below:
Line 1: Commencing at the northeast corner of said Section 26; thence westerly on an azimuth of
269 degrees 58 minutes 40 seconds along the north line of said section for 2271.51 feet to the point
of beginning of Line 1 to be described; thence on an azimuth of 238 degrees 14 minutes 10 seconds
for 95.58 feet; thence on an azimuth of 248 degrees 55 minutes 29 seconds for 90.18 feet; thence on
an azimuth of 260 degrees 03 minutes 27 seconds for 191.03 feet; thence on an azimuth of 217
degrees 01 minutes 09 seconds for 126.73 feet to a point hereinafter referred to as Point “A”; thence
continue on an azimuth of 217 degrees 01 minutes 09 seconds for 15.12 feet; thence on an azimuth
of 172 degrees 14 minutes 03 seconds for 234.17 feet; thence on an azimuth of 177 degrees 20
minutes 28 seconds for 336.70 feet; thence on an azimuth of 180 degrees 17 minutes 57 seconds for
279.90 feet; thence on an azimuth of 181 degrees 15 minutes 16 seconds for 104.15 feet; thence on
an azimuth of 183 degrees 39 minutes 13 seconds for 116.63 feet to a point on the south line of said
Tract A and there terminating.
Parcel 3: The West 183.00 feet of the S 290.40 feet of the NW ¼ of Sec. 25, T. 116, R. 23
g:\plan\2021 planning cases\21-12a 775 96th street w., erhart farm, pp and fp\findings of fact & recommendation.docx
121380
Pc at- 11
u** *,"'/3 /,'?ltt
CruOTCIINIIASSII{
APPLICATION FOR DEVELOPMENT REVIEW
PC Dae: I /r</aa-----f-----""'?""'-cc oac 5(r.r I .aE 6GDay Revbw Daie: IJ t</ ea-
Section 1: Application Type (check all that apply)
Refe. totr€ qrqdale Adid*n Cffiid fq requtued suffial inlo,,,l€tio,1 that nws, @ttwty this apF/icat,ort)
E Comprehensive Plan Amendment
E Minor MUSA line for railing on-site sewers ....
E Condltional Use Permit (CUP)
E Ptanneo Unit Development (PUD)
E Minor Arnendment to existing PUD..,..,,..........
fl ett otners......
Single-Family Resilence ............,................... $325
E All oulers...... .......................$425
E lnterim Use Permit (lUP)
E ln conjunc{ion with Single-Family Residence.. $325Eettorrers...... .........-............$425
fl Rezming (REZ)
E suuaiusi:n (sug)
E Create 3 lots or less ........................................ $300
E Create over 3 |ots.......................$6Cx) + $15 p€r lot(
lots)
E uetes & Bounds (2 lots) ......$300
E Consotioate Lots .................. $150
Lot LineAdiustnent.........................................$150
E Final P1a1.........,............ ........$700
lndudes $450 escrow for attomey costs)'
Addiqd €scrw may be lrqritd lb. o0ler +gacatixls
through the .re\doprEnt cmt'acL
El vacation of Easemenb/Right-oFway (VAC)........ $300
Gddliqd lecddrE Ees rnay apdy)
E Variance (VAR)...............................-.-................ i20o
D Wetand alteratim Permil (wAP)
E Single-Family Residence.......,....................... $150
E All orrers...... ..................... $275
zoning Appeal $100
E Zoning Ordinance Amendment (ZOA)................. $500
MfE: Wton multiple .DDlicdon€ arc p.occascd concurtenttr,
lhe app.opdtb tre shdl be chrlpd fo. oach apPllcadon-
Use Permit fl Site Pbn Agreement
E weuand Afteration Permit
6oo
100
7so
100
sm
E Sign ptan Review................ .......$150
E Site Ptan Review (SPR)
E Administrative ...................... $r00
E CommerciaUlndustrial Distsicts*$500
Plus $10 per 1 ,000 square feet of building area:(
thousand square feet)
lndude number of olidfilo e.ndolrees:
lrdu& nrrf$sr of oqf ernplq,e€s:
n Residential Distsicts......................................... $500
Plus $5 per dwelling unit ( units)
EIVarianceEEasements ( easements)
E property Owners' Lbt within 5fi)' (Gty b gerE-re dis. prB-€Blcatin m€dirg).................................................. i3 per address(
addresses)
5O per document
E oeeOs
TOTAL FEE:$1,600.00
Section 2: Required lnformation
Description of Proposal: FINAL PLAT 18 Single Family Lots. Preliminary/Final Plat concurenty 1 Single Family Lot.
Property Address or Location:
775 96th St. W. Chanhassen, MN 55317
SeeAttachedParcel #:Legal Description:
Total Acreage:1 17 .14 wethnds P.esent?Z ves Eno
Present Zoning:Requested Zoning:
Resirlential Low Den{II Requesled Land Use Designatton
Exbting Use of Propertf 2 homesteads
SingleFamily Residential Distsic{ (RSFfl
Residential Low
Echeck box if separate narrative is attached
COTf, UNITY DEVELOPI ENT DEPARTUET{T
Phnning Division - 7700 Market Boulevard
Mailing Address - P.O. Box 147, Chanhassen, MN 55317
Plnne: (*52) 227-1100 / Fax: (952) 27-1110
Es6ow br Recording Dodtments (check all that
ConOitionat Use Permit
E Vacation
E Metes & Bounds SuEMsion (3 docs.)
25155&21.251 55oo22 2fi2521{o
Single.Family Residontial District (RSF)
Present Land Use Designation:
122381
Section 3: Property Owner and Applicant lnformation
APPLICANT OTHER THAN PROPERTY OWNER: ln signing this application, l, as applicant, represent to have obtained
authorization from the property owner to file this application. lagree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. lf this application has not been signed by
lhe property owner, I have attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I will keep mysef informed of the deadlines for submission of material and the progress of this application. I
furher understand that addfional fees may be charged for consufting fues, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certifu that the information and exhibits submitted are true and conect.
Name:
Address:
Contact:
Phone:
City/Statelzip:
Email:
Cell:
Fax:
Signature Date:
PROPERTY OWNER: ln signing this application, l, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that addfional fees may
be chaeed for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study- I certify that the information and exhibits submitted are true and correct.
Black Cherry Development, LLC DanBlakeName:
14500 Martin Dr #3000
Contact
Phone:Address:
City/Statezip:
Email:
Signature:
Eden Prairie, MN 55344 6',12.282.5482
danblake@pemtom.com
Date: I Z'/ l- Ll
This application must be comdet€d in full and must bo accompanied by all informaton and dans required by
applicable City Ordinance provisions. Before filing this application, refier to the appropriate Application Checklist
and confer with lhe Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
A determination of completeness of the application shall be made within 15 business da)rs of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business dalrs of application.
PROJECT ENGII{EER (if applicable)
Name: Alliant Engineering
Address
Minneapolis, MN, 55402-2340
Email:mrausch@alliant-inc.com
6on1""1 Mark Rausch
phone: 612.758.3080
Cell:
Fax:
Section 4: Notif ication lnformation
Who should receiye copies of staff reports?
E Property owner Ma: E Email
E epdunt via: E Emait
I Engineer Ma: E Email
I otrer- Vra: E Email
Other Contact lnformation:
Name: Tim Erhart! Maited Paper copy
Maited Paper copy
uaieo Paper Copy
E uaieo Paper copy
9611 Meadowview Dr
City/Statezip
Email:
Chanhassen MN 553't7
terhart@riekor.com
INSTRUCTTONS TO ApPLlCelT: Complete all necessary foIm fields, then selecl SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing.
SAVE FORX
Cell:
Fax:
733 Marquette Ave, STE 700
City/StateZip:
Address:
PRINT FORM SUBf,TT FORM
123382
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 1 of 10
FINAL PLAT
PRELIMINARY/FINAL SUBDIVISION,
VARIANCE, AND
EASEMENTN VACATION
SUBMITTAL REQUEST NARRATIVE
ERHART FARM”
CHANHASSEN, MINNESOTA
Submitted December 17, 2021
PROPERTY / DEVELOPMENT SITE INFORMATION
Legal Description
Parcel 1: That part of Outlot A, Butternut Ridge Addition, according to the recorded plat thereof, Carver
County, Minnesota, lying easterly and northeasterly of the following described line:
Beginning at the most southerly northeast corner of said Outlot A, said point also being the
northeast corner of Section 26, Township 116 North, Range 23 West; thence South 00 degrees 28
minutes 49 seconds East, assuming the most southerly north line of said Outlot A has a bearing
of North 89 degrees 58 minutes 27 seconds East, a distance of 566.98 feet; thence South 75
degrees 21 minutes 54 seconds East 655.69 feet to an angle point in the southerly line of said
Outlot A, and said line there terminating.
EXCEPTING THEREFROM the following:
That part of Outlot A, Butternut Ridge Addition, Carver County, Minnesota, lying westerly of the
westerly right of way line of Trunk Highway No. 101, MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 10-46, AND 10-47, according to the
recorded plats thereof, Carver County, Minnesota, and easterly of the following described line:
Commencing at point B7 of said right of way plat; thence South 89 degrees 34 minutes 41
seconds West, assumed bearing, along the south line of said Outlot A 32.22 feet to the point of
beginning of a line to be described; thence northerly 200.91 feet along a non tangential curve,
concave to the west, central angle 20 degrees 11 minutes 41 seconds, radius 570.00 feet, chord
bearing North 09 degrees 18 minutes 16 seconds West; thence northwesterly 435.88 feet along a
compound curve, concave to the southwest, radius 703.00 feet, central angle 35 degrees 31
minutes 29 seconds; thence North 54 degrees 55 minutes 36 seconds West, along tangent, 516.07
feet to a point on said westerly right of way line and said line there terminating.
ALSO EXCEPTING THEREFROM the following:
That part of Outlot A, Butternut Ridge Addition according to the recorded plat thereof, Carver
County, Minnesota lying westerly of a line described as follows:
Commencing at the South corner of Lot 2, Block 4, Foxwood, according to the recorded plat
thereof Carver County, Minnesota; thence on an assumed bearing of North 00 degrees 02
minutes 05 seconds West along the East line of said Lot 2 a distance of 189.51 feet to the
Northeast corner of said Lot 2 and the point of beginning of said line; thence South 48 degrees 05
minutes 58 seconds East 61.09 feet; thence South 41 degrees 54 minutes 02 seconds West 134.40
feet to the Southwesterly line of said Lot 2 and said line there terminating.
124383
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 2 of 10
TOGETHER WITH the following:
That part of Lot 2, Block 4, Foxwood, according to the recorded plat thereof, Carver County,
Minnesota lying easterly of a line described as follows:
Commencing at the Southerly corner of Lot 2, Block 4, Foxwood, according to the recorded plat
thereof, Carver County, Minnesota; thence on an assumed bearing of North 00 degrees 02
minutes 05 seconds West along the East line of said Lot 2 a distance of 189.51 feet to the
Northeast corner of said Lot 2 and the point of beginning of said line; thence South 48 degrees 05
minutes 58 seconds East 61.09 feet; thence South 41 degrees 54 minutes 02 seconds West 134.40
feet to the Southwesterly line of said Lot 2 and said line there terminating.
Parcel 2: That part of Outlot A, Butternut Ridge Addition, according to the recorded plat thereof, Carver
County, Minnesota, lying westerly and southwesterly of the following described line:
Beginning at the most southerly northeast corner of said Outlot A, said point also being the
northeast corner of Section 26, Township 116 North, Range 23 West; thence South 00 degrees 28
minutes 49 seconds East, assuming the most southerly north line of said Outlot A has a bearing
of North 89 degrees 58 minutes 27 seconds East, a distance of 566.98 feet; thence South 75
degrees 21 minutes 54 seconds East 655.69 feet to an angle point in the southerly line of said
Outlot A, and said line there terminating.
EXCEPTING THEREFROM the following:
Tract A: Outlot A, Butternut Ridge Addition, Carver County, Minnesota; which lies westerly
and northwesterly of Line 1 described below:
Line 1: Commencing at the northeast corner of said Section 26; thence westerly on an azimuth
of 269 degrees 58 minutes 40 seconds along the north line of said section for 2271.51 feet to the
point of beginning of Line 1 to be described; thence on an azimuth of 238 degrees 14 minutes 10
seconds for 95.58 feet; thence on an azimuth of 248 degrees 55 minutes 29 seconds for 90.18
feet; thence on an azimuth of 260 degrees 03 minutes 27 seconds for 191.03 feet; thence on an
azimuth of 217 degrees 01 minutes 09 seconds for 126.73 feet to a point hereinafter referred to as
Point “A”; thence continue on an azimuth of 217 degrees 01 minutes 09 seconds for 15.12 feet;
thence on an azimuth of 172 degrees 14 minutes 03 seconds for 234.17 feet; thence on an
azimuth of 177 degrees 20 minutes 28 seconds for 336.70 feet; thence on an azimuth of 180
degrees 17 minutes 57 seconds for 279.90 feet; thence on an azimuth of 181 degrees 15 minutes
16 seconds for 104.15 feet; thence on an azimuth of 183 degrees 39 minutes 13 seconds for
116.63 feet to a point on the south line of said Tract A and there terminating.
Parcel 3: The West 183.00 feet of the S 290.40 feet of the NW ¼ of Sec. 25, T. 116, R. 23
Tax ID
Addresses: 775 96th St. W, Chanhassen, MN. 55317; 731 96th St. W, Chanhassen MN 55317
PID: 251550024, 251550022, and 250252400
125384
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 3 of 10
EXISTING SITE DESCRIPTION
The development site includes 3 existing parcels totaling 118.36 acre in size. A single family residence
with barn does exist on a 2.53 acre parcel internal to the property with the majority of the property
currently undeveloped. The property is bound by Powers Boulevard to the west, TH 101 to the east, Fox
Woods Preserve and Foxwood subdivision to the north and existing rural estate residential to the south.
The site has rolling terrain with several wetland areas and wooded areas scattered on the property. The
property does have right of way roadway access to Powers Boulevard, 96th Street and Eagle Ridge Road,
there are also two platted right of way corridor stubs from Flintlock Trail and Homestead Lane (without
constructed roads). The applicant has gathered wetland delineation information for the wetland areas
adjacent to the proposed residential subdivision area, ponded water areas in future development area have
also been surveyed. The applicant has acquired a second existing residence and is proposing to adjust the
lot lines and subdivide. A portion of the parent property falls within the boundaries of the Bluff Creek
Overlay District, however, no development is proposed near that area in this application.
FINAL PLAT REQUEST
The proposed development plan consists of a low-density single family residential subdivision with 19
single family lots of which 18 are new. The proposed development is consistent with the City’s Single-
family Residential District (RSF) and will provide a per acre unit density consistent with the City’s
Comprehensive Plan land use for the property.
The applicant has recently acquired an existing single-family lot with PID 250252400. The applicant
requests that the additional lot be preliminarily subdivided and final platted concurrently with this final plat
application. The applicant proposes creating 2 additional lots than were previously approved.
A preliminary plat request of 22 single family lots (21 new) was approved on August 9th 2021. Block 1 lots
1-17 are included in this final plat request. A Riley Purgatory Bluff Creek Watershed District Permit was
Conditionally approved at the October 6th Board of Managers Meeting. Chanhassen City council approved
a Development Contract for Grading purposes on October 25, 2021.
Comprehensive Plan Designation
The parent property has two 2040 Comprehensive Plan Land Use designations within the full boundary.
The property is primary guided as Residential Low Density with a section of land in the northwest corner
along Powers Blvd and TH 212 guided as Office. The proposed residential subdivision area falls within the
area guided for residential low density. Adjacent land uses to the south and north are either guided as
Residential Low Density or Residential Large Lot and a section of land to the north is guided as Parks
Open Space. All adjacent land uses are compatible to the proposed development proposal.
The proposed subdivision consists of 18 new single family lots and 1 existing home to remain. Residential
Low Density land use guides for single family housing density of 1.2 – 4.0 units per acre. The proposed
development plan has a net density of 1.33 units per net acre within the proposed new lots subdivision area.
Land Use Density Calculation
Gross Acreage (Full Property) - [A] 118.36 acres
Delineated Wetland Area (Wetlands 2, 3) 1 - [B] 22.564 acres
126385
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 4 of 10
Subdivision Related Outlots (A, B, C) 2 - [C] 25.79 acres
Existing Residential Lot (Per proposed plat)-[D] 2.53 acres
Future Development Outlots – [E] 75.72 acres
Internal ROW [F] 3.29 acres
Approximate Subdivision Net Acreage = A – B – D – E - F 14.256 acres
Net Density (19 lots) 2 1.33 units per acre
Notes:
1) Wetland 1 is excluded as the development plan proposes to impact this wetland and Wetland 4 is
excluded since it is in a future development area.
2) Calculation includes Outlots A, B and C for density estimate (with wetlands 2 &3 areas deducted)
Zoning Classification
The zoning classification was approved to be rezoned to Single-Family Residential District (RSF) during
the Chanhassen City Council meeting dated August 9th 2021. The Chanhassen City Council also approved
the variances for the front yard setback (Lot 1, Block 1), wetlands setback (Lot 1, Block 1), and street
frontages (Lots 3 through 9, Block 1) at the meeting August 9th 2021.
A summary of required and proposed lot standards criteria for RSF zoning is as follows:
Required Proposed
Lot Area - Minimum 15,000 SF 15,029 SF (0.345 ac)
Average Lot Area N/A 20,844 SF (0.479 ac)
Lot Width – Minimum R/W Frontage 90’ 63.42’ (Variance Requested) 1
Lot Width – Minimum @ Front Setback N/A 90’ 2
Lot Depth – Minimum 125’ 134.4’
Setbacks:
Front 30’ 30’ (25’ min) (Variance Requested)3
Rear – Principal 30’ 30’
Side – Structure 10’ 10’
Wetland Buffer 30’ 30’ (20’min) (Variance Requested) 4
Maximum Impervious Lot Coverage 25% 25%
Maximum Principal Structure Height 35’ 35’
Minimum Right-of-Way Width 60’ 60’
Notes and zoning exceptions approved at City Council Meeting August 9th 2021, also see Variance
Approval section of narrative:
1) Variance requested for reduced frontage width for 7 lots (Lots 3-9, Block 1).
2) Proposed minimum lot width measured at the front setback.
3) Variance requested for 1 lot (Lot 1, Block 1) to reduce front setback to 25’ (only lot directly
adjacent to Foxwood lots).
4) Variance requested for 1 lot (Lot 1, Block 1) to reduce wetland buffer setback to 20’ (lot
adjacent to Foxwood lots).
Subdivision Features and Benefits
127386
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 5 of 10
18 new single family homes and inclusion of the existing home to remain
Preservation of onsite wetlands and creation of wetland buffers.
Outlots provided over the preserved wetland area abutting the proposed new single family lots.
Wetland outlot B and C to be provided to the City after final platting.
Wetland buffer creation in accordance with City and Watershed requirements.
Extension of public watermain south to 96th Street.
Removal of the “temporary” Foxwood lift station and proposal for a new permanent lift station that
can be designed to accommodate future service for the existing homes on 96th Street.
Significant tree preservation in area of development including proposal for a conservation
easement area.
Site plan provides a secondary right of way connection for the existing Foxwood and 96th St.
housing developments.
Extension of public right of way including roadway, sanitary sewer, and watermain to the southern
property boundary.
Installation of stormwater management facilities to provide volume control, water quality and rate
control for runoff from the new roadway surfaces prior to discharging to the existing wetlands.
Site Access and Pedestrian Circulation
The initial phase of the development site has available vehicular right of way access from Eagle Ridge
Road by way of the Foxwood Development and 96th Street. Both Eagle Ridge Road and 96th Street
currently dead-end with temporary style turn-arounds. The development as proposed will provide second
access points to 2 existing developments improving the emergency servicing ability for each development
as well as the proposed Erhart Farm project.
The Eagle Ridge Road and 96th Street roadway extensions are proposed with the City standard 60’ wide
right of way and a 31’ back of curb to back of curb road width. A public sidewalk is proposed along Eagle
Ridge Road from Foxwood southerly to the proposed intersection with 96th St and along 96th St. The
proposed Eagle Ridge Way roadway section is proposed with a modification to City standard. The
development plan proposes the typical 60’ right of way width for Eagle Ridge Way, however, the road
width is proposed at a narrower 26’ back-to-back width. The proposed narrower width is requested to
reduce impervious surface, save additional trees and because this will be a single loaded road with homes
only on 1 side of the street.
The project is also proposing a nature trail routed along the rear of several lots adjacent to wetland 3 that
will be placed within a trail easement. The plan is for this trail is to ultimately cross the wetland 2 overflow
outlet to wetland 3 and connect to the TH 101 trail.
Grading and Topography
The site has been designed to fit within the existing natural features and topography. Mass grading will be
required to construct the public roadways, house pads, and stormwater management areas. Some small
retaining walls will be necessary to construct some future home sites, however, they are designed to stay
within individual lots with no cross-lot walls needed and thus will be the responsibility of the future lot
owners. Since the retaining walls are contained within individual lots they will be built as needed with the
home construction and could vary from depiction is subdivision submittal plans. The mass grading
activities do require removal of several onsite trees, however, there are significant tree savings proposed.
128387
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 6 of 10
The grading plan proposed little to no grading within proposed wetland buffers and existing steeper slope
areas. Per City requirement all proposed graded slopes will not exceed 3 horizontal to 1 vertical.
Sanitary Sewer and Watermain
The site has limited access to public sanitary sewer via an existing lift station within Foxwood, however,
City Staff has provided direction that no additional homes should be added to the existing Foxwood lift
station. The Foxwood lift station was designed as “temporary” when the Foxwood project was constructed
and the long term plan was to connect the Foxwood gravity sewer to another lift station in the future. The
Erhart Farm development proposes to construct a new permanent lift station in the south end of the
proposed plat in Outlot F near 96th Street. The new lift station would allow for the removal of the Foxwood
lift station, however, the existing forcemain within Foxwood would be used by the new lift station. The
proposed lift station will also be designed with depth to serve the homes along 96th Street and that will
allow for the City to remove the existing lift station servicing the 96th St homes in the future.
The existing 4” forcemain that outlets the Foxwood lift station will be the same outlet for the proposed lift
station. The 4” forcemain does have a capacity for up to 226 homes, assuming the construction of a new
lift station, wet well and pumps to accommodate the additional flow. The existing Foxwood lift station
current serves 48 homes and the current final plat development proposal will add 20 new homes (this
includes 18 new homes and 2 existing). This will leave additional service capacity for roughly 158 homes
with construction of the new lift station.
The site will connect to public water via a 12” public watermain at the south end of Foxwood within Eagle
Ridge Road. The 12” watermain will be extended southerly through the project within Eagle Ridge Road
and stub for future extension. The project will extend or stub 8” diameter lateral trunk watermains within
the development and easterly in 96th Street for future connection to the homes in 96th St.
Stormwater Management
The development is located within the Riley Purgatory Bluff Creek Watershed District and so is required to
provide stormwater management in accordnance with RPBCWD and City regulations. The proposed
development’s stormwater management plan does provide the required volume control, water quality, and
peak rate control. The development will provide stormwater management via one wet pond, one
infiltration basin, and one filtration basin. The development is also proposing some permanent preservation
of upland area within conservation easement. Runoff to infiltration areas from the proposed roadways will
be captured and pretreated in a sump manholes and wetpond prior to discharging into the basins. The basins
will provide the required water quality and rate control of stormwater prior to discharging to the
downstream wetland.
Wetland Management
The site’s wetlands were delineated by Kjolhaug Environmental Services (KES). KES delineated any
wetlands near the proposed single family subdivision area and 4 wetlands (1, 2, 3 and 4) were identified. A
MnRAM analysis has been performed with the delineation to confirm the classifications of the wetlands.
The City of Chanhassen and Riley Purgatory Bluff Creek Watershed District have slight differences in
wetland classification labels and regarding wetland buffers requirements. The following is a summary of
the buffer requirements for the project:
129388
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 7 of 10
Local Governmental Unit
City of Chanhassen Riley Purgatory Bluff Creek Watershed District
Wetland
Classification
Buffer Strip
Requirement
Principal
Structure
Setback
to Buffer
Accessory
Structure
Setback to
Buffer
Wetland
Classification
Average
Buffer
Width
Required
Min. Buffer
Width
Required
OUTSTANDING 50 50 50 N/A
PRESERVE 40 40 20 EXCEPTIONAL 80 40
MANAGE 1 25 30 15 HIGH 60 30
MANAGE 2 20 30 15 MEDIUM 40 20
MANAGE 3 16.5 30 15 LOW 20 10
The development plan assumes the most conservative buffer application as defined above by proposing
buffers in compliance with RPBCWD with the structure buffer setback in accordance with the City rules.
This combination of buffer and buffer setback that slightly exceeds the City’s standalone requirement. The
project does have an approved variance to reduce the principal structure setback to buffer for one lot (Lot 1,
Block 1), see Variance Request section of narrative. The following is a summary of the proposed wetland
buffers:
Wetland Area4 Classification Lineal
Frontage3
Buffer Area
For Avg Calc.4
Minimum
Buffer Width
Average Buffer
Provided
11 2,238 SF MANAGE 1 137 LF 12,347 SF 30’ 90.12’
2 139,758 SF MANAGE 1 986 LF 42,356 SF 20’ 42.96’
3 843,116 SF MANAGE 2 1,871 LF 75,582 SF 20’ 40.39’
42 19,962 SF MANAGE 2 61.5 LF 2,517 SF 20’ 40.93’
Notes:
1) This wetland is has 586 SF of impact.
2) A buffer to wetland 4 is only proposed for the area that has disturbed are upland of wetland.
3) Lineal frontage listed is as assumed for buffer requirement calculation, also refer to wetland
management plan for additional calculation details.
4) Actual wetland buffer to be provided is greater than value used for averaging calculation.
The development plan proposes impact to 1 of the delineated onsite wetlands. The small wetland 1 is to be
impacted because of the necessary road construction and associated grading and changes to existing
hydrology.
The applicant has previously received an interm use permit (IUP) to excavate within wetland 2 delineated
limits to create water storage areas. The wetland 2 work started in winter 2021 but was not able to be
finished at that time, and that work is proposed for completion in Winter 2021/22. The applicant has also
received no loss permit approval to excavate with a portion of Wetland 3 and plans to complete that
excavation work in winter 2021/22 as well.
Tree Preservation
130389
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 8 of 10
The estimated baseline tree canopy coverage for the proposed development area is 84.2% of the net area
excluding wetland areas). Per the City code, low density residential is allowed to remove trees to a limit
of 55% tree canopy prior to requirement of replacement mitigation. The development plan proposes to
maintain tree canopy coverage of 24.1% within the development area and thus tree replacement mitigation
is required. The developer proposes to install all of the tree mitigation within the proposed phase 1
development and disturbed areas. The applicant is submitting a Variance to the city code for tree planting
requirements. See sperate second variance request narrative.
The applicant is proposing a conservation easement over a portion of the rear of lots along Eagle Ridge
Way and abutting the buffer area of wetlands 2 and 3.
Landscaping
The landscape plan for the project includes boulevard and rear yard lot trees and seeding of disturbed areas
and stormwater management area. The proposed single family yards will be vegetated with typical
residential turf grass, disturbed outlot areas with native seed mix, and pond and infiltration basin with
appropriate seed mixes.
EASEMENT VACATION REQUEST
The proposed subdivision is creating new public Right of Way for proposed 96th street. There is currently a
permanent easement for public roadway, drainage and utility purposes over a section of the Southeast part
of the property. There is currently a turn-a-round at the end of existing 96th street that the easement covers.
The proposed development is connecting to the existing 96th Street and removing the turn-a-round. The
easement will no longer be needed with the proposed public ROW for 96th street. The document number for
the easement is 509111. The residents of Foxwood Development, Erhart Farm, and 96th will be able to
enter or exit at 96th Street and 101 or Eagle Ridge Road and 101.
APPROVED VARIANCE REQUESTS AUGUST 9, 2021
The proposed subdivision has 3 previously approved variances. The approved variances were approved by
City Council on August 9, 2021. Please refer to the Erhart Farm Preliminary Plat Application and Narrative
for the variance requests. The approved variances are:
1. 7 RSF zoned lots (Lots 3-9, Block 1) with less than 90 lineal feet of right of way frontage.
2. 1 RSF zoned lot (Lot 1, Block 1) with a proposed front setback of 25’
3. 1 RSF zoned lot (Lot 1, Block 1) with a proposed wetland buffer setback of 20’.
VARIANCE REQUEST, TREE REPLACEMENT
Variance to Section 18 to allow tree replacement plantings to be less than 2.5-inch (overstory) and
1.5-inch (understory) and waive the requirement for “certified nursey stock” for onsite transplants.
The variance would not apply to the trees proposed on the lots to be installed with the homes.
Variance Explanation and Justification (pursuant to Section 20-58)
a. Variances shall only be permitted when they are in harmony with the general purposes and
intent of this Chapter and when the variances are consistent with the comprehensive plan.
131390
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 9 of 10
The purpose and intent of the tree replacement is to re-establish a tree canopy lost due to tree
removal. Per City code, one tree shall be deemed to provide 1,089 square feet of required canopy
coverage. Reducing the size of the initially planted tree does not impact the ultimate canopy value.
Also, transplants from onsite do not have risk of introducing insects and/or disease that a nursery
tree might, so the need for certification is eliminated.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the property owner
proposes to use the property in a reasonable manner not permitted by this Chapter. Practical
difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy
systems.
The code calculation for tree replacement for a fully wooded site requires more trees than can be
practically planted on the site. The Erhart Farm property being developed is the most heavily
wooded portion of the property. Additional tree preservation is not practical as the City has
required a collector roadway (with fixed connection points) and a deeper than typical sanitary
sewer through this heavily wooded area. The only option to preserve more trees is a no build
option and that does not facilitate the City Comp Plan requirements for the extension of Eagle
Ridge Road, nor the replacement of the temporary lift station installed in the Foxwood
neighborhood. In lieu of requesting a variance to reduce the number of trees required, the request
is only for reduction in the size requirement.
c. That the purpose of the variation is not based upon economic considerations alone.
The wetland buffers, pond slopes, and other proposed re-forestation areas are not appropriate
locations for typical 2.5-inch nursery trees. Smaller trees that can be hand planted are more
appropriate for these natural (and access restricted) areas. Also, tree transplanted from the onsite
much of the site is a tree farm) are fully acclimated to the site conditions.
d. The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
The City allowed or facilitated the two dead end roadways (Eagle Ridge Rd and W 96th St) that
are now being connected at the City’s direction. The City designated the connection from
Foxwood to Powers Blvd as a Collector Road. The City’s trunk sewer plan requires a deeper than
typical sanitary sewer through the site. The only portion of the situation that is “created by the
landowner” is that the landowner planted a significant portion of the trees that are being removed
and is now obligated to replace per City code.
e. The variance, if granted, will not alter the essential character of the locality.
See comments in (a) above. The number of trees planted will meet the code. Some will be smaller
initially, but will rapidly catch up in size to a larger tree as the transplant shock is greatly reduced
with a smaller tree.
132391
Final Plat Submittal December 17, 2021
Erhart Farm – Chanhassen, MN Page 10 of 10
f. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes
Section 216C.06, subdivision 14, when in harmony with this Chapter.
n/a
TIMING/PHASING
The applicant was approved for Grading and Tree Clearing on October 25, 2021. The applicant has started
to remove trees from the site. The applicant’s contractor will begin mass grading the site beginning spring
2022. Following the mass grading the applicant would begin street and utility construction if the final plat
plans are approved by city council. Thus beginning street and utility work late spring 2022.
CONCLUSION
The applicant respectfully concludes that the request for a final plat and preliminary subdivision approval
will allow for a development consistent with City Goals and Objectives for this area. The proposed
development will create a single family subdivision that; meets density goals of the area, is consistent with
the adjacent land uses and upgrades and extends public utilities and right of way to adjacent properties.
133392
11032456789BLOCK1OUTLOTA11121314151617OUTLOTBOUTLOTEOUTLOT
BBLO
C
K
1
BL O C K
1OUTLOT
HEAGLE
RIDGE
WAY
EAGLERIDGEROADEA
G
L
E
R
ID
G EROAD96TH STREETOUTLOTFEAGLERI D G
E R
O
A D18 19OUTLOT
D OUTLOT C OUTLOT BOUTLOTBOUTLOT
GEXCEPTIONEXCEPTIONEXCEPTIONEAGLERIDGEROADSTATETRUNK HWY. NO. 101(
GREAT PLAINS BLVD.)C.S.A.H. NO. 17HOMESTEADLANEFLINT
L O C K
T R
L 96TH STREET1239.42'S0°17'
44"W 279.90'S0°08'
37"W77.44'S68°55'16"W90.
18'S58°13'57"W95.58'
N89°58'27"E 2271.51'
L=66.00'R=330.00'
11°27'30"N41°54'
02"E134.40'N48°05'58"
W61.09'N0°02'05"W
167.28'S89°53'00"E
514.70'L =1
9 5 .
96 '
R =6 3 5 .8 3 '
1 7 °3 9 '3
0 "L=237.58'R=358.31'
37°59'27"L=138.63'R=1069.13'7°25'46"S64°26'53"E10.91'N54°55'43"W 515.59'L=435.
88'R=703.00'35°31'29"
L =2
0 0 .9 0 'R =
5 7 0 .
0 393
11032456789BLOCK
1OUTLOT
AOUTLOT
EOUTLOT
BB
L
O C K
1EAGLERIDGEWAYEAGLERIDGE ROADEAGLERID
G E R O
A D
OUTLOT DOUTLOT BEAGLE RIDGE ROADSTATE TRUNK
HWY. NO. 101(GREAT PLAINS BLVD.)=====
L=66.00'R=330.00'
11°27'30"N41°
54'02"
E134.40'
N48°05'58"W61.09'
N0°02'05"W
167.394
10911121314151617OUTLOTEBLOCK
1
B
L
O
C
K
1
EA
G
L
ERI
D
G
E
R
OA
D96TH STREETOUTLOTFEAGLERID GERO
A D18 19OUTLOT COUTLOT B96TH STREETN0°
28'49"W 290.40'S89°
34'34"W150.00'S0°28'
49"E290.40'S89°34'37"
W 450.
00'S0°28'49"E
290.41'979.47'=======
N89°395
EAGLE
RIDGE
ROADS
T
A
T
E
T
R
U
N
K
H
W
Y
N
O
1
0
1
G
R
E
A
T
PLA
I
N
S
B
L
V
D FLIN T
L O
C K
T RL
96TH
STREET
1
10
32
4
5
6
7
8 9
BLOCK 1
OUTLOT
A
11
12
13
14
15
16 17
OUTLOT B
OUTLOT E
OUTLOT
B
BLOCK 1BLOCK
1EAGLE RIDGE
WAYEAGLE R IDGE
ROADEAGLE RIDGE ROAD96TH
STREET POND
AND
INFILTRATION BASIN NWL
882.00 HWL
885.54 OUTLOT
D EAGLE RIDGE
ROAD18
FILTRATION BASIN
2 HWL
882.03
INFILTRATION BASIN
3
HWL 906.07
19 OUTLOT D
OUTLOT C OUTLOT
B OUTLOT B 34ERHART
FARMFINAL PLAT -
PHASE 1
STREET
AND UTILITYLANDSCAPE PLAN733 Marquette
Avenue Minneapolis, MN 55402
612.758.
3080 www.alliant-
137396
Carver County
Public Works
11360 Highway 212, Suite 1
Cologne, MN 55322
Office (952) 466-5200 | Fax (952) 466-5223 | www.co.carver.mn.us
CARVER COUNTY
Review comments from the December 2021 preliminary site plan submittal are made in blue italic font.
Comments updated January 10, 2022.
June 22, 2021
City of Chanhassen
c/o Bob Generous AICP
Senior Planner
952-227-1131
bgenerous@ci.chanhassen.mn.us
Re: Development / Access Review Comments: Erhart Farm Preliminary Plat – FINAL
PLAT – located at PID# 251550022 adjacent to County State Aid Highway (CSAH)
101 (Great Plains Blvd.) and CSAH 17 (Powers Blvd.)
Thank you for the opportunity to review the subject development in the City of Chanhassen.
Consistent with the County Comprehensive Plan and County Codes, and other official controls of the
County, the following are comments and recommended conditions of approval and as potential
requirements for any necessary permits to be issued for the project.
1. Regarding access onto the County Highways –
a. A Transportation Impact Analysis (TIA) is required based on the number of proposed
units for the full development of the parcel and potential traffic impacts to CSAH 101
and CSAH 17. The TIA will need to evaluate the operations at the following
intersections: CSAH 17/Proposed local road intersection, CSAH 101/96th St., and CSAH
101/Eagle Ridge Rd. intersections. See the attachment titled Appendix A: Traffic Impact
Analysis Process for requirements. Based on TIA findings, County may impose
reasonable conditions to mitigate development driven traffic impacts at these
intersections.
i. Condition applies. TIA required prior to final plat approval.
b. Future access is proposed at CSAH 17 for the full buildout of the development. The
proposed access to CSAH 17 is located 0.15 miles from the CSAH 17/TH 212 ramp
intersection to the north and 0.29 miles from the CSAH 17/CSAH 14 intersection to the
south. Turn lanes have already been constructed at the proposed access point.
i. The County’s Access Spacing Map in the 2040 Comprehensive Plan (Figure
4.14) identifies this segment of CSAH 17 as Category 5B, which guides full
access intersection spacing at ¼ mile intervals and secondary (limited)
intersection spacing at 1/8 mile intervals. As proposed, the distance to the
CSAH 17/TH 212 ramp intersection meets the spacing guidance for secondary
limited) access consideration and the distance to the CSAH 17/CSAH 14
intersection meets the spacing guidance for full access consideration. More
information and review of operations and safety analysis from the TIA is
138397
needed to determine the recommended and allowable intersection type at the
CSAH 17 connection point.
1. Condition applies. No access to CSAH 17 will be allowed or approved
until all conditions are met.
c. No additional direct access to CSAH 101 is proposed. Additional County review and
approval will be required if this condition changes.
i. Information.
2. Regarding highway right of way –
a. CSAH 17 at this location is a 4-lane divided urban roadway facility with a trail on both
sides. The existing right of way adjacent to the parcel varies but is approximately 50 ft.
from the centerline of the roadway plus a State-owned outlot with a variable width. The
right of way and combined State-owned outlot for CSAH 17 appear to meet the right of
way guidance for consistency with the County’s 2040 Comprehensive Plan (Figure B.6),
but further review of preliminary plat and survey documents is required to confirm this.
i. Condition applies. Right of way appears consistent with planning guidance.
b. CSAH 101 at this location is a 4-lane divided urban roadway facility with a trail on both
sides. The existing right of way adjacent to the parcel varies but is approximately 75 ft.
from the centerline of the roadway. The right of way for CSAH 101 appears to meet the
right of way guidance for consistency with the County’s 2040 Comprehensive Plan
Figure B.6), but further review of preliminary plat and survey documents is required to
confirm this.
i. Condition applies. Right of way appears consistent with planning guidance.
c. Review of plat documents is needed to ensure existing right of way around the two
stormwater ponds adjacent to CSAH 101 is shown on the drawings.
i. Condition applies. Revision required. There is a Drainage and Utility easement
missing in Outlot B for the triangle shaped stormwater pond on the west side of
CSAH 101.
d. County recommends all new, dedicated outlots adjacent to the County right of way be
owned by the City.
i. Condition applies. Request to confirm Outlot B ownership ahead of final plat
approval.
3. Noise mitigation along CSAH 17 and CSAH 101 is recommended via increased setback,
berm, and/or other screening of planned dwellings adjacent to CSAH 17 or CSAH 101.
i. Condition applies. Request for information regarding proposed noise mitigation
measures.
4. The County will need to review and approve the final grading plans for properties adjacent
to CSAH 101 and CSAH 17. A grading permit will be required for grading work within the
highway right of way.
i. Condition applies. Additional review and coordination needed for permit
approval.
5. The technical details of the final plat, its boundaries and form(s) will need to be reviewed
139398
and approved by the County Surveyor.
i. Condition applies for final approval.
6. Prior to any work affecting or on County highways or in County right of way, the applicant
shall coordinate plans with the County Engineer and obtain an Access, Utility, or
Excavating/Filling/Grading Permit(s) from Carver County Public Works:
www.co.carver.mn.us/departments/public-works/quick-links/permits). Final details of
locations, grades, and profiles affecting County roads as well as any utility connections will
need to be reviewed and approved prior to any permits.
i. Condition applies. Additional review and coordination needed for permit
approval.
7. Any damages, modifications, or changes incurred on County highways from current or
approved conditions will need to remedied or updated at development expense, including
costs incurred by the County.
i. Information.
These are the County’s comments at this time. If you have any questions or need further assistance,
please contact staff noted below:
Joan Guthmiller
Administrative Technician
Carver County Public Works
952.466.5201
jguthmiller@co.carver.mn.us
Angie Stenson AICP
Sr. Transportation Planner
Carver County Public Works
952.466.5273
astenson@co.carver.mn.us
Dan McCormick, P.E. PTOE
Traffic Services Supervisor
Carver County Public Works
952.466.5208
dmccormick@co.carver.mn.us
140399
CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
ss.
COI.INTY OF CARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
Aprit 7,2022, the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy ofthe attached notice ofConsider a request for
rezoning and preliminary plat to add two lots to the approved preliminary plat for the
Erhart Farm development with a variance from the tree replacement requirement. Zoned
Agricultural Estate District (A2). Property Owner: Black Cherry Development, LLC to the
persons named on attached Exhibit "A", by enclosing a copy ofsaid notice in an envelope
addressed to such owner, and depositing the envelopes addressed to all such owners in the
United States mail with postage fully prepaid thereon; that the names and addresses of such
owners were those appearing as such by the records ofthe County Treasurer, Carver County,
Minnesota, and by other appropriate records.
Kim . Meuwissen, City lerk
Subscribed and to before me
thisZl day of 2022.
Notary c
@a
M
141400
Oisclaimel
This map is nefier a legally recorded map nor a survey and is not intended to tle used
asone. iflis map is a @mpilation of records, infofinatron and data localed in various crty,
county, state and federaloffrces and other sources regarding the area shown, and is to
be used ior reference purposes only. The City does not wanant that the Geographic
lniormation System (GlS) Data used to prepare lhis map are ero. free and the City does
not ep@s€nt that the GIS Data can be used for navigational tracking or any other
purpose requidng exacting measlrement of distance or directon or precision in the
depictron of geog€phic features. The preceding disclaimer is provided pursuant to
Minnesota Statutes 5466 03. Subd. 21 (2000), and the user of this map acknowledges
that lhe City shall not be liable for any damages, and expressly waives all claams, and
ag.ees to defend, indemniry, and hold hamless the City ftom any and all claims brought
by l..,ser, its employees or agents, or third partles which adse out of the useis ac.ess or
use of data provided.
TAX_NAMED
TAX_ADD_Ll)D
TAX ADD L2r
Disclaimer
This map is neither a legally aecorded map nor a survey and is not intended to be used
as one. This map is a compilafon of records, infomaton and datra located in various oty,
county, state and federal offces and other sour@s regarding the area shown, and is to
be used for reference purposes only. The City does nol wanant that the Geographic
lnformation System (GlS) Data us€d to prepare this map are enor free, and the City does
not represent that the GIS Data can be used for navigatjonal, tracking Or any other
purcose requaring exactng measurement ot distance or direction or precision in lhe
depiction of geographic features. The preceding dasdaimer is provided pursuant to
Minnesota Statules S466.03, Subd 2l (2000), and lhe user of this map acknowledges
that the City shall not be liable for any damages, and expressly waives all daims. and
agrees lo detend, indemnafy, and hold harmless the City lrom any and all claims brought
by User, its employees or agents, or third partles whici arise out ofthe use/s access or
use of data provided.
i.
N
EII A-pa c=l
Next Record )D(TAX_NAM Er
TAX_AD D_Ll r
TAX ADD L2r
DA O
cl_
T^o \
Q9 al ..qf,E"
142401
t
6
Ed6,!
iE(!
qt
EPooo9o=
F3
NENcoo)N3
ot E-
E .E
o-o<
djqo:
E-
gE
E
o
9fo
co
q)
o
ooFF
li
o-
o
EoEo
cfoo
oI
o
o3
E
EE(Et! E^
ai 91 9>,
q H5
FEE.E
E 9 ..!2.:
90!;
eo)
P65i;
6E.EUJ
P'EE
E.E8=
NE EEL (D'E
E ag{
O
d'r,oo-:o
3iE^Eo =-;.*
5E
s+ FEIE6=
s€g E
oJJ
c
0)
Eo-
o
o
ooi
o-
co
G6
ot
o
2
og
6
e.
rE9oa-
H.q
3
r.- -9o!
r.,oF--F<
0,
eEEsEE=-n
Q -c c e ii,(E o)(5 !a =
iEE gB
E
E EgE
gi AE
3IEEI€;E
EEE€ Efi;;
E€ SESEE €o65E cE Y.c2i-'-Ii9s,;
i8 lF;;;
EgE:'E.EE
g*c€€EEiE
ogEa@FO(Looo-o -.-c o-o y
F(!(E!FN(')\t
dl9=OED:ioeEto-= =o8EEEEo6-c 5 c
E 8E 89
o-=;;
fECSE
9abo.E(E=s - \.,
Qitsiiao+ OE E
eE Eg;
d) lE<s
E a!9 ; EF.=atr-o66o€5
EE!E:
EEETIegreEi-
o: tr=E
sfigEcd): cll O
6* ==>€
E* *r
o
O(U
E *36 :botlc
3
Esodcoor >6
c =(I,
E *IEi :le
E EI!.*
ol .-.
rgril8
H EHT
sg Hlr
q€ El€
3 t.elP: o 91 5
EE flE
t;
a
o)
E
cco-
cq
e
J
o)
coo-
o
o
F-
NN
N
o,
o
D
o
0)
J
o
ol
EBoooP
c)JC
9Eo6ac
8Eo-'r=
oE
5o)
fifr:, -
ccc'F(Dcc
69
35o-,
oEEoo)
o
o)c
oo
Ec
o)
E
c
9
oo
c
0)
o
Eco
G
E
ID
rl)
o(.)
o)
o
o-
l
c.
9
at)
ulz
cEE EE;E5 tE,AEgi
EEiEiiiEEEiigEia
lgiriflEEE[EEgEig
lEE EEiEEIEE]IaiI
EEEEiiiiEiEiEEEEi
i;gEiE€EiitEggFEEE5.
x
E
a
id
E
F
c6
oo
9
E
a)
oJ
Goo
o
o.
a,
o
tooo
o-
iEO!,
Eo. t!
9to.J
9a
o, .=
E
eOo .t=
attr
E
EDO
rt
E.eoFrE
9oEo
tDo-E
oE0ro.
9f,
OEza
ol!
Et!
Eo
EDE
a,
o
E.EEaa16aa(, '=
IEoE=
o-clatde
OE
EE6iza
6ot!
tr6to
oJJ
co
Eo.
ob
oo
o)
o
osl0
d
o
2
o
p
op9o
u, --
ooo .gl
ial,e
F. .9.
6oroo
f.- -t-<
eeFB ;
t= afo; aoo> f€.-
E H E
6E *; o9.:; ra S
EE5 AE g B
Ee#Ht#E
gEa;EE:E
E€EE;;€5
iE5E Eg Ef
EEX?;E g E'
E f3EE,g€ E
fl.SaEEFEEn
igEEEESE g
l, o-o -.<
o- -o y
F(EC,iFC!(vrt
t eE " 3,.E1o - >,os I6? - o-- = - 6)
Hi8.EEE E
c- o oc > g
EgEqEES
EElEgEEH
et]Er;rE
E 3l 86 o€5
5-3li EF?e
E:tEiEE*6s-o: tr=E*
P A E.q 5 E
aNEEErs5$PEE g
Poo) o u)tL .!E
oll)
oo-
Io-
o
oE
a
rl)
o(,
o
ifrF;;
cr,
fo.!l -o3g
6a
obAE
9E
PE
o
o
o
E
ao
N
NoN
a
q
oaa
G
t!
a.:
q.!
a
t
ER
aS
Fo
EPooo9
NE
68,
NE
R$
ot E-
o-o<a
qo:o-
9!
o
E
9)
6
o
o
ooF.
F*
ui
o-
o
E(
E
co
ocloo
l,
T
I
pp
E
6q
E ll. E ,-.1aEBt>\! (!
V
E E;'E
E 9 o.4
or= Eoip; eP65i;
6EErlJ
PFEE
5.= 8=NEcri
L (D 'E :
5 Lg<'.
aE !3
iE5
H e5;
otr9g: sE
5€EE
E]
dl
o;
E
a
oc
c
Eco
o-
cco-
cI
Bi
tti(
5pc
o)
o)
Gor9.
So6(,
oEC)
c.6c*
35r
trvooiE -c
O^
CJ'
iE69.
oo!
tscJGo)'(
uo
cthb8oo.>=
o:
96
eEoE
CcE
Aui
x]UHzL
EEeIEEEgeE'ggii
l;EtiriEEiEgiisE
EeEEEE;EEEIEiiEi
Egi egeE;EiEai;E?
EEiEEiEEEiiiEEEi
5EE;€!iiiEg[FEEE
E
3
6
E
6
3
o
E
F
6
o
go
o
G(,
oJ
j(!
ooILg
o-
3o
Eo.
Lor
cts.o
cL t!
sto-J
9a
G' .=
o-YI=
e il,
r! -tr
o
c6 ..
o9ECOC'
o=
OEfooo
06 ..
o9ECOC'
o=
OE3Ooo
143402
O O o o o O <r O O d O O O O O O O O O A O rn O O O O O O O O O o !-r o o O O.{@@01 (hOql@QryO F.iF-O.rO O OO Q O.r OOOOH O O.r..r.\r (.r F an Ot {.\r <) ..{ .r O .! O rn to O rn rt <, .n ut H{O !n F\ Q €.r @O.!01 .\ !-.1 st !-{ O O an.n.\r.nNOOOOOOOOOOiOOIY, r.l .r, !-{ m !-{ m.{ Ct.nN ln d(Yt.\ TDOOOOOOOO0100000Ln ( ro Ln Lrl (h .! !a r/r 6 !,t r,t !/t 1,r rr1 rn rn u) rn r^ !,t Ln (^ (h L/) .n ot ot ot ororo).{.{..r t-r r-{ LO (h rt (^ .\l (h O).\l .!.!.{NNNNNT\1 .{ .\ .\l .{ N .\r Ot rO \O Or Or Or Or Orro (o ro (o (o..r.\l o .{ o N c, o o o o o o o o o o o o o c) C, C,.! rn.n.! c.,t .\l c.r -
rJt r, rJ) rn rn ra rn u) .n .n rn rn .n r,) rr! lJ) rrt ljl ra ra rrt Ln ra ra Ln u) rn ut !r, ul yl tn !a r/l (^ 6 !ndNl\t N ara a! a! 6l c{ f\t a! N 6l a! a! a! a{ N a{ a{ a\{ N N N N N N N N a! a! a! a! a! a! a! a! a{
9odcd. v1 - JPUPU-
U = YUUhUhi?== -:: = = = = i - i =: = g = = 3 ? B g
E5 = h e =66tAtriZGtddh h E t h h y, - - -'z<(,rr!;rrrrr-L= < F F -'F FF,-'. I = E E = E E r ; i i dd3 d 3
Y uJ rt (o I ro ro ro ro ro (o (e (o (o \o Lo (o ro (rr q - - J S i S +
o 6 6 E (^ (h 6 O,t Or Or !i Or Or Ot Ot (h Or qr I o o ot ur r.,n r-.{ a I I X O ?r O -r O H st o.r Q r-{ O i< O o| O O Ch <t Ln (o (o<
l N O O v' i.l r{ a! arl nt lYl <t O O F{ .{ t\ a! tr1 ,Y} U1 (O H.{.{ N a!
O1 01 (O @ O (O (O iO (O rO (O Or f\ l'- N r- i\ F- F F F F- d) O) Ot Ot Or
od,
c,dOF
Y
2ZZZZ
ooooo9<<<<<
FFFFFUJr! t! r! uJ r.J#>>>>>
oXoooooOUIIIII{
oo.<.<o.<yJ Fr rrl F\ d Ch (hia.r o .{ .{ '-{ '-.
rr,,t Ot ?{ H d.{ r{
ll<
l sl rn .{ .n !-r Cr !-r N r.{ N r-.1 .\l (n ln (t irl rn (n m an m F.9tr t-r !-r !-{ .^ \r aa ooooo ooooooo oooJ@ (O (O lO 11 r./1 (O (O (orOrOrOrO (O(OrO(O(O(O(o (o@ t\
F09 o9o9? E T ?09 .9090909" og 0g op og og og og ?" I<lF. I. F F Fs T\ @ EIF F F F. N F N F N F\ I'\ N F\ f\ FF.F F. F. F, F. T\ r,\ r,\ I'\ F.lrl r{ .{ .{ t-r F{ <l <l -l O Fr .. ..1 r-.{ Fl Fl ..1 r.l r.l H !-{ !-r !-{ !-{
rri an an an an an rn rn i-{ 6 an an an an arl (n (n (n (ll fi) ry, an (n (n (n (n dl (n (n rn an arl m rr1 rn rn, ul rJr .n !/r l'/t l,l rn .: r{ rrt rn rn ur ul rrl ul rrt ut Lo ul !l) rn !d .,) rn v) u) ul !n ur !r| !n !,t !n rnr, l,l rn ui ul ln .n :;,1 rA rJt l/l rn ra ra rrt ut u) r,/1 L/l Lrl rrt u) .n r,) ur u) v1 v1 !/1 rn r,1 ur l^ l^ utzzzzzzzz6vrz (6 z z z z z z z z z z z z z z z z z z z z z z z z z
q .. - s(.lt .:z z z z z 2= - ; z i; z z z z z z z z z z z z z z z z z z z z z z z z z-
r, < B B 3 3 3 s e! .-"r; l- u ru '
JJ
ru uJ r!
vt v.t v, u.t v.t <. - = - a = a a a a a a a a a a a e a 3 g 3 a 8 a 8 g g a c g
r!
r-IEIdd:f I -.
IIIII---EIIII I-I - -IIIIIII-td Z Z Z Z Z z z *, < Z > Z Z Z Z Z Z Z 2 z Z Z Z Z Z Z Z 2 Z z Z Z Z Z Z Z
2 - - - - I O O .! F - O - r - r r r r r r I I - - - r - - r - r r I :! - rFI(J(J(J(J(JuJ r! .! i,,t(Jr!Lr(J(J(JU L,U L, (.)(J(J (J (J (J (J (J (J 9 (J (J (J (J (J (J (J
z
G.
F
eE3-_ !-
ttdrg.t-
uz12=====E= i Z - P.'UPU
EEEEEEEE=Eaa;;rr;;;;;E;;;;E;;u;=rr€tg
s'E 6 6 6 6 E F i E E E E F F I E I * * 5 r E E E 5 E E; i H q E E35II5ICF $ s <;3 3 B B 3 3 E E E I E I E = E 3 i E 3I - ^ -,-
x o ui F co or ol 14 r\ (o vr :' or o o .{ o ir o.r cr..{.! o Fr o H o F.i o a o o 6i $ rjl ro ro< O O -r r-l t-r !-r <t ra rn <D O 6 O O O !-r !-{ r\ 6r m 6.n O O l.r !-r N..t ti 6 6 6 ; N c.r .{ .!
F..l -{ -{.{ r{ -{ Fl -l .! (rt tl .11 tO (O (O (O (O (O (g (g rO (O F l- l.- F t\ F N l\ r- FOt Ot Or <D (h
e,
o- :)ZI) IEI -rl I
E s=E=Ei : pc il* *E E.Ec E
EEgEE=EE3E=EEEEEEEEE=sEiEEEEE=EE=E=EE
144403
iE=lriEiiEEEEEi=EEEEE=Ea
aAg6=EEEES= A=i€d =9e=83]g*;e -"4"a
9=E*EE=
z
6)
taC
SSETTSSEEEEEBSSSEESSEtsX,-ooui(n(rrrJp lJoo(o {(o N P Poo(oro@E\.1 ..,1tsoPocrPPc) P o o o () (^ r.l ur { (, { (, -.J l,r { (n
222*
E E * e E E E E E E E E E EEE6668EE!6Ei!-IAIA!6!6!6!
333lEEEEiiEE=HqHqEqEqHqH4;A=o;10;;o("f;i
V
f? e9e969gegQg22
or) o o o r) r) o .) o o o o o .) .) oa) oo oa)oo
II-I-II-I--III-II-IIIIIzzzzz2zzzzzzz2zzzzz22zzz
I-I-II------I--I--IIII-
6 a^ a^ 6 6 i^ irt ir\ t irt t tt Ut a v1 t, a v\ V1 lrt lh a v\ v1tJ1a, iJ1 ,1 b ih a t, t, t,6 an tt tt\ tr tt tt ttr t t vt a V1 t)1mmmmmmmrnmFlmmmltrrnrnmmrnmmm mmzzzzz2zzzzzzzzzzzzz22zz2
z z z 2 z z z z z z z z z z z z 2z z z z z 2 z
u! ur ur (, (,t (n (n (n (n ur ur (n ur (n (n (n r, (n ul (n (n (^ (n (^(
JrG(Jr(,(^(n(n(nL^urt ur ur (n (n (n (, (, (, (n (n (^ (, (^(/
J (! (/) (' (rJ (^' OJ trJ UJ (! l/J tr', qJ OJ lrJ lr', l,r' U' ir' q, uJ (, g) lr,
P II F ts P P P F F F P P PP FTF PPP P-.
1 -.t { ! !.,J..1 {!\l!\l\.J{{\.1 !{{\.J{{\.1 .\J
do do do do &&& & AaDcr! ch ah ah ch (rr ah (h \.r6rrJ0O6(0 @OO ts O(^\
l lJrGoour 6urur Or Co(o
O (O (O (O (O ! \l (O (O (O (O (O \O (O (O (O (O (O (O (O (O lO (O (D
t (h (,1 or \l qJ <tr <n or (, (^ (, u, uJ g) (rJ qi NJ n.) NJ N) l\J l\)
o o u! (,! a) (n rJ p o o (o \| (o r\) p ts o o (o (o (b @ { \tl- 6F oororoa tsoooo(, {(, {(,r \.1 ur \.,1 (,L,.
nc'l(hr xmrrrllmlmlm:Eln
2 - 2 - * - r = = = *, *. Y ?7?= P = P = P = P3I33II3 ", : in ^ in x in ^ irr iR iri ^ r'rObOoi ) ) iOO n trlnQnQrQrgpQ.r)ooo o < - s oo o o ;d;6#6# E #Ein q;
i=;d dSiee=H!H:H:H:n:H--i- e9e99969996
l\J N) N, N l\J lu l! r\J N lv l\.) l\.) iJ n.) lv
J
l\) n, N, N N, nJ t\., N)
G G G G i; (^ ur (, ur ur (, (n (n (^ qr ur (, (, (, (n (n u! ul (,
dr dr dt 61 5 ts 6 a ah ('r 5 a N u N, N,r N N n.) l r N n.) N.'}.
r. r. p 6 ur E o l. l. o o ol (o (o (g (o (o (o (o (o (g ro (ooooo6 (, (^ @ o o E & ot (o (o (o (o ro (o (o \O \9 ro@ooo66onr666oooooooooooQopoooopo5PooP |- c) uJ ^
J
u, N 5 N, 5 ^
r
5 l\r5tr < 6 6 iD tr o 6 E 6 { o! E }- (! o e s, { N o ta (^ o5d656b665oooa@66oooooooo
145404
CHANHASSEN PLANNING COMMISSION
REGULAR MEETING
MINUTES
APRIL 19, 2022
CALL TO ORDER:
Chairman von Oven called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Mark von Oven, Eric Noyes, Erik Johnson, Perry Schwartz, Ryan
Soller, Edward Goff.
MEMBERS ABSENT: Kelsey Alto.
STAFF PRESENT: Kate Aanenson, Community Development Director; MacKenzie Young-
Walters, Associate Planner; Bob Generous, Senior Planner; Joe Seidl, Water Resources
Engineer; Erik Henricksen, Project Engineer.
PUBLIC PRESENT:
Keith Anderson 8043 Cheyenne Avenue
Ben Campion 204 W. 77th Street
Mike Werth Techniques Construction
Mary and Michael Meuwissen 4265 County Road 123, Mayer, MN
Ed Szalapski 850 Pleasant View Road
Todd Simning Ador Homes
Matt Pavek Civil Site Group
Dan Blake Black Cherry Development
Tim Erhart 9611 Meadowview Drive, Chanhassen, MN
Nick Pekarek 202 Chan View
Bryce Marsh
PUBLIC HEARING:
204 W. 77TH STREET: CONSIDER A REQUEST FOR A VARIANCE TO PERMIT A
SIX-FOOT PRIVACY FENCE
Associate Planner Young-Walters gave a presentation on the item, noting the Applicant is
proposing a 6-foot high privacy fence within the front yard setback. A 30-foot setback is required
off Erie Avenue and fences within the setback are limited to three feet in height if opaque or four
feet in height if open construction because it is a corner lot. There is an existing 5-foot high chain
link fence that is partially within the required 30-foot setback. The Applicant is requesting to
install a 6-foot high privacy fence that would maintain the 5.9-foot setback from Erie Avenue.
The justification is that the property does not have a lot of privacy because it has street frontages
on both sides. The lot’s triangular shape and non-conforming house placement mean that a
privacy fence would not be permitted in most of the rear or side yard under City Code. The
Applicant has noted that nearby lots including the corner lot across the street have privacy fences
and they do not believe their proposal would negatively impact the neighborhood. Staff believes
the overall intent of the fence ordinance is to allow for residents to have private rear and side
yards and they view this as an exceptional case where, due to the non-conforming placement of
405
Planning Commission Minutes – April 19, 2022
2
the primary structure, the front yard setback does not align with the front of the house. Staff
believes the property’s unique shape and size create a practical difficulty and recommends
approval.
Chairman von Oven opened the public hearing.
Chairman von Oven closed the public hearing.
Commissioner Noyes moved, Commissioner Johnson seconded that the Chanhassen Board
of Appeals and Adjustments, approves a variance to permit the Applicant to construct a
six-foot privacy fence within the front yard setback along Erie Avenue, subject to the
conditions of approval, and adopts the attached Findings of Fact and Decision. All voted in
favor and the motion carried unanimously with a vote of 6 to 0.
PUBLIC HEARING:
6430 PLEASANT VIEW LANE: CONSIDER A REQUEST FOR A SIDE YARD
SETBACK VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION
Senior Planner Generous gave a staff report on the item, noting the house is currently built five
feet from the side property line on a non-conforming lot and the proposed expansion would still
be under the 25% hardcover limit. The Applicant would like to expand the house along the same
plane to extend the garage. The proposed expansion creates a tandem garage with interior storage
and expands the living area. Mr. Generous checked on four variances regarding nearby
properties and only one was granted for the same reason, to expand the house along the existing
plane of the structure. The Applicant wants to maintain the integrity of the building. Staff
believes the request is reasonable and recommends approval of the five-foot north yard setback
variance with an allowance for the 18-inch eaves.
Mike Werth is representing the homeowner and said currently the house is over the setback. He
showed plans and explained the design choice.
Chairman von Oven opened the public hearing.
Chairman von Oven closed the public hearing.
Commissioner Noyes stated another case was approved that was almost an identical type of
variance request of an addition on the same plane, so there is some precedent they are following.
It seems like a reasonable solution.
Chairman von Oven said if the neighbors are good with it, he is also, as one cannot tell what is
going on back there.
Chairman von Oven moved, Commissioner Goff seconded that the Chanhassen Board of
Appeals and Adjustments approves a five-foot structure side yard setback variance with an
additional 18-inch encroachment for the eaves subject to the to the conditions of approval,
and adopts the Findings of Fact and Decision. All voted in favor and the motion carried
unanimously with a vote of 6 to 0.
406
Planning Commission Minutes – April 19, 2022
3
PUBLIC HEARING:
855 PLEASANT VIEW ROAD: CONSIDER A REQUEST FOR SUBDIVISION REVIEW
FOR TWO LOTS WITH VARIANCES FOR THE USE OF A PRIVATE STREET AND A
NECK LOT
Senior Planner Generous gave a staff report, noting this is a two-lot subdivision and the proposed
development is consistent with the guided use of residential low-density. The proposed
subdivision creates two single-family lots, the first adjacent to Pleasant View Road and the
second is the neck lot. There is a wetland located on the southern part of the property. Staff
directed the Applicant to come in from one access point via a private street and the only public
improvement would be the extension of a water line across Pleasant View Road and the
installation of a fire hydrant.
Water Resources Engineer Seidl said regarding drainage and grading on the site, the project area
generally slopes down from the northwest with some relatively steep slopes on the site.
Stormwater runoff is conveyed through properties on the east to Fox Path Road where it is
collected by public infrastructure and outlets into Lotus Lake. Mr. Seidl shared the Watershed
District rules including the abstraction rule, water quality rule, and peak discharge rate rule and
spoke about potential impacts or adverse effects for the development and for the Applicant to
design around those potential impacts. He received comments from two residents who are
concerned about the project as they are directly downstream.
Mr. Generous stated Staff believes the Applicant meets all these findings and recommends
approval of the subdivision with the variances for the private street and neck lot subject to the
conditions of approval of the Staff report.
Matt Pavek, Civil Engineer on the project, shared they are almost through the preliminary design
phase, everything is sized, and the final design will meet all the requirements. They are working
with the Watershed District as they have rather robust requirements, as well.
Todd Simning, working with the Applicant, shared that historically there were two houses on the
property which discharged stormwater offsite. That definitely did have an impact to the
downstream neighbors. He noted they are upsizing the basins to be sure that there is not an issue
for any parties.
Chairman von Oven opened the public hearing.
Ed Szalapski, 850 Pleasant View Road, welcomes the development and thinks the houses will be
a great improvement to the neighborhood. He thanked Mr. Generous for asking the Applicant to
put in a single private road rather than three driveways. Mr. Szalapski was looking through plans
for utilities noting his driveway is right across and would like a guarantee that someone without a
four-wheel drive truck will be able to get in and out of there. He noted he bought his property in
1994 and in looking at the original plats he has a little strip of land on the south side of Pleasant
View Road across from his property. He believes it is within the City right-of-way but the City is
not using it; his understanding is that it is still his property and he wants to make sure the new
development will not encroach on that. He worries about subtracting that land from his property
when it comes to hardcover calculations and things like that.
407
Planning Commission Minutes – April 19, 2022
4
Mr. Generous noted Staff disagrees with Mr. Szalapski’s analysis that he owns that property as it
was shown as platted right-of-way which puts it in the City’s ownership.
Chairman von Oven closed the public hearing.
Commissioner Johnson moved, Commissioner Schwartz seconded that the Chanhassen
Planning Commission recommends City Council approve a request for subdivision review
for two lots with variances for the use of a private street and a neck lot on property located
at 855 Pleasant View Road subject to the conditions of the staff report, and adopts the
Findings of Fact and Recommendation. All voted in favor and the motion carried
unanimously with a vote of 6 to 0.
PUBLIC HEARING:
775 AND 731 W. 96TH STREET (ERHART FARM): CONSIDER A REQUEST FOR
REZONING AND PRELIMINARY PLAT TO ADD TWO LOTS TO THE APPROVED
PRELIMINARY PLAT FOR THE ERHART FARM DEVELOPMENT WITH A
VARIANCE FROM THE TREE REPLACEMENT REQUIREMENT
Mr. Generous noted this is an amendment to a preliminary plat that was previously approved.
The Applicant is adding 1.08 acres to the development. As part of this, they must rezone the
property from agricultural to single-family residential which is consistent with the
Comprehensive Plan. Mr. Generous noted the only revision is because of a small area on the
south end. He shared about tree preservation and landscaping noting the variance from the tree
replacement requirement is for using less than 2.5 inch tree stock and certified nursery tree stock.
Staff recommends approval.
Mr. Henricksen gave an overview of grading and drainage, noting the changes are not
substantial. The site is proposed to be mostly mass graded and tree clearing has already
commenced. Mr. Henricksen spoke about public sanitary and water mains, as well as
stormwater.
Dan Blake, Black Cherry Development, spoke about Outlot A, maintenance, and the tree
question on the west side of the street. The Applicant thinks trees along the west side would have
the most visible benefit to the public and neighborhood. They would agree to relocating or
replacing those trees in the future.
Chairman von Oven opened the public hearing.
Chairman von Oven closed the public hearing.
Commissioner Schwartz moved, Commissioner Soller seconded that the Chanhassen
Planning Commission recommends City Council approve the amended preliminary plat
with a variance for the tree replacement requirements subject to the conditions of the staff
report, amend the rezoning to include the additional parcel, and adopts the Findings of
Fact and Recommendation. All voted in favor and the motion carried unanimously with a
vote of 6 to 0.
408
Planning Commission Minutes – April 19, 2022
5
PUBLIC HEARING:
CONSIDER A CODE AMENDMENT REGULATING THE OUTDOOR STORAGE OF
WATERCRAFT ON RESIDENTIAL PROPERTIES
Mr. Young-Walters gave the staff report on the item, noting the item will go before City Council
on May 9, 2022. The issue is the desirability of amending City Code to permit the seasonal
storage of watercraft in residential driveways. The existing ordinance restricts watercraft storage
to the side and rear yards of properties. Because of side yards on lots it is not always possible for
residents to put their boats in that location and additionally when individuals violate the
ordinance it is difficult to enforce due to the mobile nature of trailers and watercrafts which can
create frustration. The proposed solution is to allow one watercraft trailer and associated
watercraft to be stored on driveways between April 1 and October 1. Homeowners associations
would still retain the ability to establish standards for their neighborhoods. Staff believes this
would make it easier to enforce and believes it strikes a balance between allowing residents
reasonable use of their property and preserving the character of the City’s neighborhoods. Mr.
Young-Walters showed exhibits and examples on screen. He shared about resident feedback,
noting 10 emails were received with six in opposition to the proposed changes and four in
support. All comments were forwarded to the Planning Commissioners.
The Commissioners asked clarifying questions regarding the potential amendment and discussed
different scenarios, driveway lengths, sight lines, RV’s and other storage uses versus boats, and
safety.
Chairman von Oven opened the public hearing.
Bryce Marsh stores his boat at his cabin in the summer and in his garage in the winter. He has
been cited multiple times with his boat in the driveway bringing it back from the cabin or pulling
it out of the garage. He advocates for adding RV’s.
Nick Pekarek, 202 Chan View, is an outdoorsman and needs access to the boat until the water
freezes up. He noted to park a boat alongside his garage, he only has a 5-6 foot space available.
He is asking for longer dates in the fall and does not understand why he cannot park a boat in the
driveway.
Chairman von Oven closed the public hearing.
Chair von Oven said there is no denying that the City is somewhat divided on this issue. There is
a desire to allow people to use their property for the hobbies they have and he was both surprised
and disappointed when it did not pass the City Council two years ago. He agrees that the date is
wrong and would like to amend it to at least November 1 if not December 1.
Commissioner Noyes thinks the percentage of outdoor stored boats goes down after Labor Day.
Commissioner Schwartz asked why the language pertaining to RV’s and other types of vehicles
was removed from the proposed language.
409
Planning Commission Minutes – April 19, 2022
6
Mr. Young-Walters replied the City Council directed Staff to explore watercraft and watercraft
trailers only.
Chairman von Oven moved, Commissioner Noyes seconded that the Chanhassen Planning
Commission recommends the City Council approve the proposed amendment to Sections 1-
2 and 20-909 of the Chanhassen City Code concerning the outdoor storage of watercraft,
amended with the start date of April 1 and end date of December 1. All voted and the
motion carried with a vote of 5 to 1.
APPROVAL OF MINUTES:
APPROVAL OF PLANNING COMMISSION MINUTES DATED MARCH 1, 2022
Commissioner Noyes noted the summary Minutes of the Planning Commission meeting
dated March 1, 2022.
APPROVE PLANNING COMMISSION WORK SESSION SUMMARY MINUTES
DATED APRIL 5, 2022
Commissioner Goff noted the summary Minutes of the Planning Commission work session
dated April 5, 2022.
CITY COUNCIL ACTION UPDATE:
Ms. Aanenson updated the Commissioners that the City Council approved the Code Amendment
for notification public hearing timelines; the Degler Farm IUP was extended to 50 years; there
was approval of a mixed-use development rezoning; approval of the Dakota Retail Site Plan
Agreement was tabled to the April 25, 2022 City Council meeting; and the year-end work report
was presented to the City Council.
ADJOURNMENT:
Commissioner Soller moved to adjourn the meeting. The Planning Commission meeting
was adjourned at 9:06 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Jean Steckling
Sen. Admin. Support Specialist
410
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. XXX
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE,
BY REZONING CERTAIN PROPERTY
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Chapter 20 of the Chanhassen City Code, the City's zoning ordinance, is hereby
amended by rezoning from Agricultural Estate District (A-2) to Single-Family Residential District
(RSF), all propertywithin the Erhart Farm residential development, with the following legal
description:
Lots 1 through 19, Block 1, and Lots 1 through 4, Block 2,
Erhart Farm, Carver County, Minnesota
Section 2. The zoning map of the City of Chanhassen shall not be republished to show the
aforesaid zoning, but the Clerk shall appropriately mark the zoning map on file in the Clerk's Office
for the purpose of indicating the rezoning hereinabove provided for in this ordinance, and all of the
notations, references, and other information shown thereon are hereby incorporated by reference
and made a part of this ordinance.
Section 3. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 9th day of May, 2022, by the City Council of the City of
Chanhassen, Minnesota
Kim Meuwissen, City Clerk Elise Ryan, Mayor
411
EAGLE
RIDGE
ROADS
T
A
T
E
T
R
U
N
K
H
W
Y
N
O
1
0
1
G
R
E
A
T
PLA
I
N
S
B
L
V D FLIN T L O C K
T RL
96TH
STREET
1
10
32
4
5
6
7
8 9
BLOCK 1
OUTLOT
A
11
12
13
14
15
16 17
OUTLOT B
OUTLOT E
OUTLOT
B
BLOCK 1BLOCK
1EAGLE RIDGE
WAYEAGLE R IDGE
ROADEAGLE RIDGE ROAD96TH
STREET POND
AND
INFILTRATION BASIN NWL
882.00 HWL
885.54 OUTLOT
D EAGLE RIDGE
ROAD18
FILTRATION BASIN
2 HWL
882.03
INFILTRATION BASIN
3
HWL 906.07
19 OUTLOT D
OUTLOT C OUTLOT
B OUTLOT B 34ERHART
FARMFINAL PLAT -
PHASE 1
STREET
AND UTILITYLANDSCAPE PLAN733 Marquette
Avenue Minneapolis, MN 55402
612.758.
3080 www.alliant-
412