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Whitetail Cove_PLL Taskforce Letter to City of Chan 4-4-221 Don Giacchetti From:Don Giacchetti Sent:Monday, April 04, 2022 11:58 AM To:Al-Jaff, Sharmeen Cc:Heide Ahmann; Douglas Ahmann; Christopher Mozina Subject:Neighborhood Concerns/Questions --- Letter to City of Chanhassen---Planning Dept. Attachments:20220404 _ Whitetail Cove_PLL Taskforce Letter to City of Chan 4-4-22.pdf Sharmeen, This email and the attached letter involves concerns and questions from various citizen neighbors residing in the Whitetail Cove and Pointe Lake Lucy neighborhoods regarding the proposed development known as the Gayle Morin Addition-- Rezoning and Subdivision with Variances project (Case# 2022-03). A task force has been formed to communicate these concerns and questions to the City of Chanhassen--- Planning Dept.. We will be emailing out this letter/questions document later today to the rest of the neighbors we have directly connected with. A few of the individuals on our email list have other individuals and groups which they may forward this document to for informational purposes. We have attempted to ask reasonable/practical questions and be as specific as possible in referencing the particular section of the current 21 documents publicly available to us on the City’s online website from which our questions arise. Hopefully, our attention to detail and ease of reference will make it easier for City department staff or other relevant organizations to be able to give us the specific answers to the questions we have documented. We wanted to be professionally respectful of everyone’s time in this process. Please email back an acknowledgement of your receipt of this email and its attached file to all addressees on this email. Thank you for your attention to this matter. Let us know if you should have any questions for us. We look forward to the City’s professional and prompt responses….regards…DON Don J. Giacchetti TACT Solutions, Inc. c#: 612-328-2853 website: www.tactsolutions.com Chanhassen, MN 55317 LETTER TO CITY OF CHANHASSEN— PLANNING DEPARTMENT An Application for Development Review was submitted by Gayle Morin on January 28, 2022, to the City of Chanhassen for a Proposed Development at 1441 Lake Lucy Road, Chanhassen, MN 55317 for two additional homes to be built to the south of the existing Morin home at 1441 Lake Lucy Road. The City has designated this proposed development as the Gayle Morin Addition -- Rezoning and Subdivision with Variances project (Case# 2022-03). The proposed rezoning is from Rural Residential to Single-Family Residential. The Application indicates there are 60 property owners within 500 feet of the proposed development. A task force of neighbors (Whitetail Cove and Pointe Lake Lucy) surrounding the proposed development has been formed to understand the proposed development more fully. It is recognized that the Diane G. Morin Trust as property owner has legal rights regarding their property. However, after preliminary review of the 2 1 publicly available planning documents on the City’s website, comprising 283 pages, there are certain elements in the documents that are of concern which will cause dramatic and adverse changes in the character of our neighborhood and potential adverse impacts to the public welfare and environment. There are numerous questions in this report that we are submitting to the City Planning Department for its review and corresponding answers. We appreciate the City’s attention to this matter and await its responses. Sincerely, Task Force Members: _________________ _________________ _________________ _________________ Don J. Giacchetti Heide Ahmann Douglas Ahmann Chris Mozina 612-328-2853 612-518-6643 612-750-4223 315-622-8119 don.giacchetti@tactsolutions.com heideahmann@gmail.com douglasahmann@gmail.com cmozina@msn.com 6679 Lakeway Drive 6700 Pointe Lake Lucy 6700 Pointe Lake Lucy 6670 Pointe Lake Lucy 2 Outstanding Concerns: Environmental 1. Soil Samples (Inconclusive) and inconsistent with Wetland [Delineation] Report Excerpts from Geotechnical Report dated 2-21-22 on pages 3 & 4 & 6 & Appendix 3 Q: Considering that soil samples were taken in February when the soil was frozen to a depth of 2 to 3 feet below the ground surface how much variation in the measurements, assumptions, analysis and conclusions for “suitable to build” would there be if soil tests were taken under “worst case” conditions rather than “best case” conditions? Q: With soil moisture contents at 19-to-25+ percent at depths of 5 feet to 10 feet below surface level as being described as “above their assumed optimum soil moisture content levels” is that a cause for concern? Q: What would be the maximum moisture levels at those depths that would preclude a favorable recommendation as “suitable to build”? Q: Would those maximum levels be approached/exceeded under different times of testing when not frozen 2-3 feet below surface? 2. GPS failed – unable to obtain ground surface elevations and GPS coordinates at soil boring locations Excerpt from Geotechnical Report dated 2-21-22 on page-2 Q: If “estimated” elevation measurements are inaccurate, how would you be able to compare with other studies and documents showing accurate elevation data? Q: Could this be a problem in understanding how close the boring results were to the actual groundwater table as recorded in other historical survey documents? Q: Is it concerning to the City that assumptions were made without proper location verification by GPS? 4 3. Groundwater Level at 20 feet down had no water observed in boring holes however high moisture content (above optimal) was uncovered in the lab testing of those boring samples. Excerpt from Geotechnical Report dated 2-21-22 on page-3 Q: If there was potentially “insufficient time” for groundwater to seep into boring and rise to the hydraulic level, especially in the wintertime, then what is the level of risk that the analysis of groundwater presence is inaccurate? Q: What if groundwater levels are much higher than observed if more time was given for seepage or tested in different seasons and years? (e.g., after a drought or above average wet year) Excerpt comparison aerial maps from https://gis.co.carver.mn.us/publicparcel/?pin=250025820 website under Property Viewers and then Historical Imagery for associated wetlands show higher surface water in 2008 compared to 2020. 2008 2020 Although water tables in recent surveys are much higher noting that in any point of time, the water tables in this basin could feasibly be higher or lower than they are today. Survey docs within 5 the Diane G. Morin Rezoning project reveal varying levels of water. For example, northeast corner of Wetland B is at 964 and 962 feet above sea level in two separate docs. 6 Q: How much variation in “seasonal and annual fluctuations in the groundwater levels” are expected? Excerpt MN DNR website documents the historic mega-rain events in Minnesota that have happened periodically since 1973 and are continued real possibilities in this climate. https://www.dnr.state.mn.us/climate/summaries_and_publications/mega_rain_events.html Q: What was the highest surface water levels recorded in the associated wetlands in this area over the past 20 years, 40 years and even past 100 years? Q: How does surface water levels impact groundwater levels in this area? Dick Loscheider (builder/developer) had an option to build on these two propose lots (#2 and #3) in the 2003-2004 timeframe and informed homeowner Don Giacchetti that he could not develop the land since the lots did not pass the percolation (perc) test. Q: Does the City have knowledge of any prior Geotechnical surveys or other such reports/correspondence indicating groundwater levels on the subject property. Q: Does the City know any reason why Dick Loscheider could not or did not build the two homes on those lots? Q: Has a current “Geoenvironmental” study (more extensive than a “Geotechnical” study) been performed on the land where this proposed construction is sought to occur? Q: Has any past “Geoenvironmental” (more extensive than a “Geotechnical” study) study been performed on the site location? 7 4. Wetland [Delineation] Report incomplete and not signed by Morin (review performed 10/2021); Aquatic Resource Impact Summary was not completed nor reference to any specific data within Part Four of the application. Q: Is the city still expecting the additional information for the Wetland [Delineation] Report? Is there a deadline issued back to the Diane G. Morin Trust to complete and sign the report? Q: Has the city rejected the report since it is not properly completed and signed? Q: How would the City utilize information obtained through this Aquatic Resource Impact Summary to assess the feasibility of the proposed development? 8 5. Stormwater Calculations---ISSUES Excerpts from Stormwater Report by Civil Site Group dated 2-17-22 on pages 4--5--6--7 Q: Does the City consider the Stormwater Report dated 2-17-22 complete and accurate in all respects? Q: Filtration requirements are noted to have not been met due to site constraints, has there been an update on this unsatisfied condition? Q: Exactly how much is a “sizable amount of additional trees removed” would be needed in order to meet the Riley Purgatory Bluff Creek Watershed District’s 3.1 requirements? 9 Q: Is this additional tree removal already included or not included in the Stormwater Report and the Landscaping Plan and Tree Survey? Q: What is the impact/result of the impervious area not being captured due to existing steep grades on the property? Q: What is the impact/result of “water quality” being “Partially Satisfied” when the text above states it is greater or equivalent to the requirement? Does the City find this to be a bit confusing? Q: What is the impact/result of the Volume Control by rock infiltration “water quality” being partially satisfied? Q: Why would the “4.0 Conclusions:” section state that this project meets all State, City and Watershed District” requirements while also indicating several “requirements” are “partially satisfied”? Q: How much grading and fill will be required to prepare lots for construction of development? 10 Q: What impact will disturbance of the soil during grading and filling have on the water run-off (during construction and years after construction) into the pond wetland area A and B which could also affect adversely affect water quality in Lake Lucy and Lake Ann? 6. Landscape Proposal – Homes and retaining walls not consistent among the documents submitted; for example, the Geotechnical Report document as compared to the Proposed Landscaping Plans vary greatly to the size, shape and exact location Q: Does the city feel comfortable with the proposed location(s) of the homes and retaining walls demonstrated in a way that the full impact can be assessed on surrounding nature, wetlands and wildlife? 11 7. Tree Preservation – all trees on designated lot are being cut down except for 7 trees in total as designated with circles on the Proposed Landscaping Plan. (Tree Tag number and species: 1000- Boxelder, 1001- Ash, 1035- [Basswood]/1037- Ash*, 1039- Ash, 1058- Ash, 1073- Maple, 1074- [Basswood]) Q: Are these Ash trees, noted as being saved, diseased and will further need to be removed? The percentage of tree canopy kept in the Landscape Plan doc doesn’t seem to equate to percentages of trees kept accurately and could be even less if health of remaining trees not properly assessed. Does the city have a minimum requirement? How does the city verify requirements are met? Q: *The Proposed Landscape Plan map conflicts with the legend on the righthand side of the document: Tree #1035 is designated as saved and circled however an additional untagged tree (presumably Tree #1037) right above Tree # 1035, is not designated to have protective fencing during construction while the legend to the right has #1035 cut down. Will 1035 [Basswood] or will 1037 (Ash) be saved and have 12 protective fencing? Does the city have confidence the trees were all tagged correctly? Q: Is the City aware of any current designated tree preservation on the site location? Has the city had an opportunity to assess those protected trees as compared to those proposed to be cut down? (For example, has the city reviewed Tree #1019 a healthy 36” Oak Tree that is by far the largest tree in the proposed development site.) 13 8. Wildlife Impact – breeding and migratory pathways for white tail deer, loons, owls, wild turkeys etc. Q: What impact will there be to all the year-round wildlife in the area due to the substantial land grading, tree removal and construction of 2 new homes in the wetland areas? Q: Does the City require any wildlife study to be completed around active lake, wetland and woodland areas for potential displacement of animals, especially protected species such as our state bird who currently nest on the shoreline of Wetland B? 14 9. Conservation Easement is not properly represented in all docs (e.g., landscaping plan, plats) Q: Is this a new request by the current property owner or an existing Conservation Easement? Has the city granted approval for this Conservation Request as noted in document labeled “Conservation Easement – Exhibit” in the project documents? Q: If it is a new request, does the City have any guidelines what the proposed development will need to take into consideration for this conservation easement? (e.g., water drainage and other ecosystem factors while developing alongside.) What limitations for new property owners in the future? 15 Q: Is the Conservation Easement offsetting the remaining canopy saved in Question 7 above and therefore the proposed development can cut down all but 7 trees in a wooded wetland? Q: Do Conservation Easements on lake shores in the City of Chanhassen allow public usage of the land? Who has access other than the property owner, if applicable? Do Conservation Easements have any perceived negative impacts on neighboring property owners? Outstanding Concerns: Development 1. Geotechnical study based on assumptions; it appears to have been done without any actual proposed home size or structure plans provided. Q: How does the City’s 60’x60’ block footprint relate to an unspecified home size/dimensions? Q: How can the City, or surrounding property owners, be assured that any constructed home would meet minimum requirements of the city for size, location to easements/property lines, etc.? 16 2. Soil can only support 2,000 lbs per square foot; yet the assumption for the development was that a building will include 2,000 to 3,000 pounds per lineal foot within the Geotechnical report. Excerpts from Geotechnical Report dated 2-21-22 on Cover Letter and pages 4 & 5 Q: Can soil, in this location, support more than the 2,000 lbs per square foot as stated in the Cover Letter? Q: If not, then does a new analysis need to be prepared to support the 3,000 pounds per lineal foot specification? Q: What is the difference between square foot (2 dimension) and lineal foot (only 1 dimension) in context of the plan and specs? 17 3. Soil Issues--- Report states that if proposed grades differ by more than 2 feet from assumed values then additional analyses and revised recommendations may be necessary. Excerpts from Geotechnical Report dated 2-21-22 on page-5 and page-6 18 Q: If the elevation on Lake Lucy is 960 feet above sea level and the pond (wetland A) is estimated at 970 feet and excavation of topsoil will be 1-2 feet and the lower floor level of the 2 houses to be built is planned to be at least 10 feet below grade, is the basement for proposed house on Lot #3 then below the 960 feet level of Lake Lucy? Q: Furthermore, the pond in wetland B is even higher than Lake Lucy; and the pond in wetland A is even higher than the pond in wetland B where homes are planned to be built. If this is the case, won’t the proposed homes’ foundation and lower floor be below surrounding surface water tables? Q: Doesn’t the recommended construction separation distance of a 4-foot separation from groundwater and a 2-foot separation from the 100-year flood levels (also see 1987 Twin Cities Superstorm described above and previously) of “nearby ponds, wetlands or other surface water” put the houses in even further jeopardy of water damage and future insurance claims? Q: How far below the Lake Lucy 960-feet level or the Wetland A and B surface water levels is considered acceptable per City building codes or other regulations? Q: What are the consequences/impacts of not having accurate measurements since the GPS failed during testing – presumably they were unable to obtain ground surface elevations and GPS coordinates at soil boring locations as described previously? Q: Since the water levels of Wetland A and B have increased over 20 years since Whitetail Cove and Pointe Lake Lucy developments were constructed, as evidenced in satellite imagery and surveys taken, has the city considered whether the water tables will continue to increase and whether the future homeowners of proposed lots 2 and 3 would have sufficient drainage with the proposed filtration/drainage ponds? 19 Q: Would these proposed homes on Lot # 2&3 be considered to be built in flood zones? Is the City of Chanhassen comfortable with developments of single-family homes in flood zones? Are there other requirements the proposed development will need to consider? 4. House-pad sizing are inconsistent from document to document (e.g., Preliminary Plat with revised Tree Survey as compared to Landscaping Plan as compared to Geotechnical Report) Q: Does the City understand which location and size is the intended sketch? Will the city consider information submitted by the current property owner to be insufficient and invalid due to the inconsistencies? 20 5. Retaining Wall Issues--- Retaining wall construction is encroaching neighboring property owner’s land. Q: Have easement agreements been obtained (or will they be needed) from adjoining property owners for the construction of nearby retaining walls planned? How does the City typically review these situations? Q: What is the offset angle required to dig/construct a retaining wall? Q: If the angle is 45 degrees and the retaining wall is to be 10 feet deep, then the set-back from the top of the retaining wall is also 10 feet, does this mean that if the retaining wall is 5 feet from the property line would construction encroach on 5 feet of a neighbor’s property? Q: Are retaining walls represented in plan drawing at least 5 feet from property line as required by City? How does the city verify? 21 6. Conservation Easement - Exhibit (filed) is breached by house-pad & construction in southwest corner (lot 3) Q: Has the City provided temporary easement to the Conservation Easement during construction of the proposed home on Lot #3? Or has the city not finalized the Conservation Easement? Q: Does the Temporary Easement access requested (as noted in the Preliminary Plat-City Submittal 02-17-2022 Survey) apply to both the Conservation Easement and Sewer Utility Easement? Or just Sewer Access Easement? 22 Outstanding Concerns: Neighborhood Impacts 1. Private Drive – despite easement, concerns for maintenance and upkeep during and post construction Excerpts from Easement Agreement dated 2-4-99 (Morin and Loscheider, pages 2 & 3) Q: What are the provisions in the proposed development plans to repair, replace and restore to original pre-construction condition of the private driveway for any damage to the private driveway (asphalt/concrete curb/grass/utilities or other property) caused by pedestrian, vehicular and/or construction vehicle ingress and egress on the private driveway during any evaluation and/or pre-and-post construction period? Q: What are the provisions in the proposed development plans to restrict construction activities to reasonable start/stop times so as not to disturb the peace and also to not in any way interfere with existing homeowner rights to readily access their homes as a pedestrian or with their vehicles due to construction vehicles and/or equipment blocking such access. Q: If the private drive is blocked for a period of time, does the proposed development have any requirements needing to be met in order to not disrupt the neighborhood? (e.g., notification of over-sized trucks unloading, etc.) 23 Q: Does the City, as an interested party, or existing property owners, have any control over establishing reasonable weight restriction limits on the private driveway or other reasonable restrictions for the pre and post construction activities to protect the property and rights of existing homeowners? Q: Is the City, as a user of the sewer easement, responsible for or have any liability for potential damage to the private driveway (asphalt/concrete curb/grass/utilities or other property) from its ingress and egress to sewer lines and/or other utilities in the area? 2. No Lake Access (Lake Lot); the southern-most proposed lot #3 cannot be marketed as Lake Access (contains an unused and abandoned easement). 24 Q: Does the City and Diane G. Morin Trust (owner of property proposing development) acknowledge that Lot 3 does not have lake access to Lake Lucy since the subject property line goes through the pond in Wetland B? Q: Does the City and Diane G. Morin Trust (owner of property proposing development acknowledge that the 15-foot walking access easement into the adjoining, separately owned and private property of 6700 Pointe Lake Lucy has been under water for 20+ years resulting in abandonment? 25 Q: Does the City recognize, and the Diane G. Morin Trust also acknowledge, the 15-foot walking easement is “unusable and abandoned” and underwater as noted by surveyors, contracted by the Diane G. Morin Trust, which reflects the easement as under water in the Preliminary Plat City Submittal 2-17-2022 Revised Tree Survey 031022 doc by Wetland B edge of water lines? Q: Does the Diane G. Morin Trust understand the Grant of Sewer Easement access that was granted to the city, as noted in Easement Doc. No. A244418, does not allow walking access to Lake Lucy via neighboring private property around Wetland B? 26 Q: Since the referenced easement is unused and abandoned, yet the foot access is still documented in several of the project docs submitted by the Diane G. Morin Trust, is the City’s intention to request a variance? 27 Outstanding Questions – Recent Timeline Changes The Public Meetings have changed by two weeks for both the date of the City Planning Commission and City Council (now May 3 and May 23 respectively.) Q: How may this impact the deadlines presented in the project documents as referenced such as the 60-day review of the Agency Review Deadline that was previously set for April 7? Q: Does the city have knowledge to whether the Trustee of the Diane G. Morin Trust is intending to move the project forward? Q: Will the City help the Trustee understand the magnitude and complications of these issues we’ve listed in the questions above? 28 Appendix: Exhibits References from questions to public artifacts contained here: Proposed Development: 1441 Lake Lucy Road (Gayle Morin Addition) Rezoning and Subdivision with Variances | Chanhassen, MN - Official Website Project Documents: 67.63.229.140/WebLink/browse.aspx?dbid=0&startid=699708