7a. Dempsey Addition: Rezoning, Preliminary, Final Plat and Front Yard Setback Variance.�Q
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CITY OF
CHANHASSEN
PC DATE: 12/6/95
CC DATE: 1/8/96
CASE #: 95 -21 SUB
95 -3 REZ
STAFF
REPORT
PROPOSAL: 1. Rezoning of 5.1 acres of property zoned A -2, Agricultural Estate District
to RSF, Residential Single Family
2. Preliminary and Final Plat to Subdivide 5.1 Acres into 7 single family
lots, Dempsey Addition
3. A front yard setback variance of ten (10) feet to permit a front yard
setback of 20 feet
LOCATION: East of Galpin Boulevard and south of Lukewood Drive.
APPLICANT: Tim Dempsey
2301 Lukewood Drive
Chanhassen, MN 55317
PRESENT ZONING: A -2, Agricultural Estate District ltrtion by City
ACREAGE: 5.1 acres
DENSITY: 1.38 Units per Acre -Gross 1.7 Units per Acre -Net
ADJACENT ZONING AND
LAND USE: N - RR, Timberwood Estates and Cemetery
S - A -2; Agricultural Estate District and RSF, park site
E - RSF ; Minger Addition
W - Galpin Boulevard, and PUD, Trotters Ridge
WATER AND SEWER: Available to the site.
Re act,
PHYSICAL CHARACTER.: The majority of the site is wooded. A wetland is located along the
west side of the site. An existing house, shed and barn occupy the
property. The site generally slopes to the west.
2000 LAND USE PLAN: Residential -Low Density
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Dempsey Addition
December 6, 1995
Page 2
PROPOSAL /SUMMARY
The applicant is proposing to subdivide 5.1 acres into 7 single family lots. The property is zoned
A -2, Agricultural Estate District and the proposal calls for rezoning to RSF, Residential Single
Family. The property is west of the recently subdivided Minger property.
The average lot size is 31,537 square feet with a resulting gross density of 1.38 units per acre.
The site is located east of Galpin Boulevard and south of Lukewood Drive and Timberwood
Estates.
The project will be accessed from Galpin Boulevard which is also known as County Road 19.
This roadway is designated as a collector road by the City's Land Use Map. The City Council
approved the use of fifty foot right -of -ways with the development of Minger Addition on August
8, 1994. Lukewood Drive and Benwood Circle serves the Dempsey development as well. The
50 foot right -of -way was approved to minimize tree loss. Benwood Circle was built as a private
street. As part of this subdivision, the applicant will be required to improve it to public street
standards.
All of the proposed lots meet the minimum area, width, and depth requirements of the Zoning
Ordinance. There is an existing single family home on proposed Lot 4 that will remain.
The site has a dense concentration of mature trees along the northeast and easterly portion of the
parcel. The applicant is requesting a 10 foot front yard variance to allow a 20 foot front yard
setback. Granting this variance will result in saving a large number of trees.
In summary, staff believes that the proposed rezoning and subdivision is well designed. We are
recommending that it be approved with conditions outlined in the staff report.
BACKGROUND
This parcel currently contains the home of Timothy Dempsey which is located in the northeast
corner of the site. The property is bounded on the north and east by Timberwood Estates, a large
lot subdivision. To the south, parkland has been dedicated to the city as part of the Stone Creek
Second Addition. The city cemetery is located just to the north of this plat. To the east is the
Minger Addition which was approved on August 8, 1994. The street layout for the Minger
Addition was proposed to service the Dempsey Addition which required the Dempsey Addition
to be ghost platted as part of the Minger Addition proposal. The ghost plat showed the layout of
the Dempsey Addition lots (Attachment #1).
Dempsey Addition
December 6, 1995
Page 3
REZONING
The applicant is proposing to rezone the property from A -2, Agricultural Estate District, to RSF,
Residential Single Family. The area to the north is zoned Rural Residential. The area to the
south is zoned A -2, Agricultural Estate District and is guided for Residential Low Density. The
area to the east and west of the site is zoned Residential Single Family.
The 2000 Land Use Plan shows this area designated for development as Low Density
Residential, 1.2 - 4.0 units per acre. The applicant's proposal has a gross density of 1.38 units per
acre and 1.7 units per acre net after the streets and wetlands are taken out. This area is in the
MUSA area. Staff is recommending that this area be rezoned to RSF and the rezoning is
consistent with the Comprehensive Plan.
PRELIMINARY AND FINAL PLAT
The applicant is proposing to subdivide a 5.1 acre site into 7 single family lots. The density of
the proposed subdivision is 1.38 units per acre gross, and 1.7 units per acre net after removing
the roads and wetlands. All the lots exceed the minimum 15,000 square feet of area, with an
average lot size of 31,537 square feet. All of the proposed lots meet the minimum lot width, and
depth requirements of the Zoning Ordinance.
Outlots B and C are remnant lots from the Minger Addition. They are being incorporated into
the Dempsey Addition. The existing home will remain on Lot 4, however, the barn on Lot 1 will
be removed.
Staff notes that the proposal is consistent with the Comprehensive Plan and the Zoning
Ordinance.
WETLANDS
There is a jurisdictional wetland on -site that is classified as agricultural/urban. This wetland is
adjacent to the creek that drains from Trotter's Ridge east to Bluff Creek. The wetland will not be
impacted as a result of development; however, staff still requires a wetland delineation report. A
buffer strip of 0 to 20 feet with an average width of 10 feet must be maintained along the wetland.
During home construction erosion control is required along the entire length of the wetland and the
creek until re- vegetation is established.
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Dempsey Addition
December 6, 1995
Page 4
SURFACE WATER MANAGEMENT PLAN (SWMP)
The City has adopted a Surface Water Management Plan (SWMP) that serves as a tool to protect,
preserve and enhance water resources. The plan identifies, from a regional perspective, the
stormwater quantity and quality improvements necessary to allow future development to take place
and minimize its impact to downstream water bodies. In general, the water quantity portion of the
plan uses a 100 -year design storm interval for ponding and a 10 -year design storm interval for
storm sewer piping. The water quality portion of the plan uses William Walker, Jr.'s Pondnet
model for predicting phosphorus concentrations in shallow water bodies. An ultimate conditions
model has been developed at each drainage area based on the projected future land use, and
therefore, different sets of improvements under full development were analyzed to determine the
optimum phosphorus reduction in priority water bodies. The development will be required to be
constructed in accordance with the City's SWMP.
A regional pond was constructed on this site in conjunction with the Minger development. The
ponding with the Minger development included area for this piece of property as well.
Therefore, the applicant will only be required to connect to the system and pay for the SWMP
fees as discussed below.
Storm Water Quality Fees
The SWMP has established a water quality connection charge for each new subdivision based on
land use. Dedication shall be equal to the cost of land and pond volume needed for treatment of the
phosphorus load leaving the site. The requirement for cash in lieu of land and pond construction
shall be based upon a schedule in accordance with the prescribed land use zoning. Values are
calculated using market values of land in the City of Chanhassen plus a value of $2.50 per cubic
yard for excavation of the pond. The proposed SWMP water quality charge of $800 /acre for single
family resident developments. Fees are based on a total developable land area of 5.1 acres minus
the existing wetland of 0.9 acres. Therefore, the applicant is required to pay $3,360 in water quality
fees.
Storm Water Quantity Fees
The SWMP has established a connection charge for the different land uses based on an average
city -wide rate for the installation of water quantity systems. This cost includes land acquisition,
proposed SWMP culverts, open channels and storm water ponding areas for runoff storage. Single
family residential developments have a connection charge of $1,980 per developable acre. The
total area of the property is 4.2 acres as discussed above. Therefore, the proposed development
would then be responsible for a water quantity connection charge of $8,316. These fees will be due
payable to the City at time of final plat recording.
Dempsey Addition
December 6, 1995
Page 5
GRADING & DRAINAGE
The site drains to the west/southwest (toward Galpin Boulevard) where it enters a wetland and/or
creek that drains directly into Bluff Creek. The applicant will need to submit to the City detailed
storm drainage calculations for the storm sewers for the 10 -, and 100 -year, 24 -hour duration
storm event for staff review and approval.
A temporary street ( Benwood Circle) was installed in conjunction with the Minger Addition.
The understanding was that the four lots in Minger Addition were permitted to use this interim
street until the Dempsey parcel subdivided. At that time the developer of the Dempsey parcel
would be responsible for upgrading Benwood Circle to a full City street including storm drainage
improvements. Detailed construction plans and specifications for storm sewer and street
improvements will need to be submitted to the City for review and formal approval by the City
with final plat consideration. The applicant will be required to enter into a development contract
and supply the City with a letter of credit to guarantee installation of the public improvements
and conditions of final plat approval. '
The individual lots will be custom - graded at time of building. Individual grading, drainage, tree
removal and erosion control plans will be required at the time of building permit application for
the City to review and approve.
Only minor site grading will be required to complete the street construction. Catch basins will ,
need to be protected with hay bales and /or silt fence until the street is paved. Access will have to
be maintained to the existing parcels adjacent to Benwood Circle during construction.
Building Pads. Locations of proposed dwelling pads and the type of dwelling is necessary to
enable the Inspections Division and Engineering Department to perform a satisfactory plan review
of the structure at the time of building permit issuance. For the same reason, proposed lowest level '
floor elevation, entry floor elevation (not top of block) and garage floor elevation is required to be
indicated on the proposed pad location. Standard designations (FLO or RLO, R, SE, SEWO, TU,
WO) must be shown for proposed dwelling types. These standard designations lessen the chance '
for errors during the plan review process. The memo explaining these designations is enclosed.
Demolition Permits. Existing structures on the property which will be demolished will require
demolition permits. Proof of well abandonment must be furnished to the City and a permit for
septic system abandonment must be obtained and the septic system abandoned prior to issuance of
a demolition permit.
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Dempsey Addition
December 6, 1995
Page 6
EROSION CONTROL
Erosion control measures and site restoration shall be developed in accordance with the City's Best
Management Practice Handbook (BMPH). The final grading plan shall incorporate Type I erosion
control around the perimeter of the grading limits.
UTILITIES
In conjunction with the Minger subdivision, public improvements (sanitary sewer, water and storm
sewer) were installed to service this parcel as well. Mr. Minger installed the street and utilities at
his own cost with the understanding that they would be reimbursed for a portion of the utility
construction when the Dempsey's property subdivided. Based on Mr. Minger's construction costs,
staff has determined a sanitary sewer and water connection charge of between $6,000 and $7,000
per lot which will be collected at the time of building permit issuance. The City will then refund
this money back to the Mingers.
The existing house is currently on a septic and well system. The existing house was required by
City ordinance to connect to City sewer within one year after the sewer line became operational.
The sewer line became operational around mid - October of 1994. The applicant has indicated that
the existing house will be connected to the City's sewer shortly. The existing well on the property
may remain until the well system fails at which time the well must be property abandoned and the
residence connected to City water. Staff recommends a condition that the existing house must be
connected to the City sewer system and the septic system properly abandoned prior to the final plat
being recorded at the County.
STREETS
Proposed Lots 4 through 7 are adjacent to Lukewood Drive which is constructed to City urban
street standards and therefore could be built upon as soon as the final plat is recorded. The
remaining lots are adjacent to Benwood Circle which was constructed with only a temporary
private street section. Most of the street right -of -way was dedicated with Minger Addition. Only a
small portion of the cul -de -sac needs to be dedicated with this plat to arrive at the necessary cul -de-
sac right -of -way. The applicant will be responsible for upgrading Benwood Circle to meet City
standards before building permits are issued on proposed Lots 1 through 3. The applicant will need
to supply the City with detailed construction plans and specifications in accordance with the City's
latest edition of standards specifications.
The driveway access for Lot 1 will encroach upon the existing 8 -foot wide bituminous trail. Staff
' has recommended to the applicant that the north property line of Lot 1 be shifted northerly to allow
for a driveway that would avoid the City's trail. This may require removing the 14 -inch double
Dempsey Addition
December 6, 1995
Page 7
oaks as shown to be saved. However, in conjunction with utility service to the proposed lot, most
likely these oak trees would be lost anyway.
PARK AND TRAILS
Park and trail fees shall be paid in lieu of land as required by the City Ordinance.
COMPLIANCE WITH ORDINANCE - RSF DISTRICT
Lot
Lot
Lot
Home
Wetland
Area
Width
Depth
Setback
Setback
Ordinance
15,000
90'
125'
30' front/rear
50' **
10' sides
BLOCK 1
Lot 1
29,670
160'
312'
20' */30'
10'
Lot 2
27,430
127'
308'
20730'
10'
Lot 3
33,490
93'
365'
20750'
50'
10'
Lot 4
34,940
146'
390'
20750'
50'
10'
Lot 5
27,740
108'
386'
20750'
50'
10'
Lot 6
27,100
115'
342'
20750'
50'
10'
Lot 7
40,390
274'
312'
20750'
50'
10'
Right -of -Way
0.04
Wetland
0.95
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Dempsey Addition
December 6, 1995
Page 8
Staff is recommending a 10 foot variance to allow a 20 foot front yard setback for tree
preservation purposes.
** The 50 foot wetland setback contain an average buffer width of 10 feet.
TREE PRESERVATION/LANDSCAPING
The applicant has prepared canopy coverage calculations and tree preservation plans. Existing
canopy coverage is 82% of the site. Proposed development will remove approximately 1. 18 acre
or 28 %. The minimum allowable post - development canopy coverage is 55 %; the applicant will
have a remaining canopy coverage of 54 %.
The applicant has designated a handful of trees to be saved in the front yards. These trees are all
oaks ranging in size from 14 to 26 inches in diameter. In theory, trees preserved in the front
yards hold great value for the lot and make it more attractive. In practice, trees located in the
front of homes are difficult to effectively protect during construction and tend to deteriorate
quickly due to poor care. In addition to preservation techniques, age and species also play a role
in a tree's survival. In general, the younger the tree, the greater its capability to deal with
change. As for species, red, white and northern pin oaks are more sensitive to construction
damage than bur oaks.
Although the applicant has not specified the type of oaks on the site, staff believes it to be
prudent in recommending that the two oaks proposed to be saved on Lot 7 be removed instead.
That lot will be receiving a large amount of grading and fill and it would be extremely difficult to
' protect the trees from damage. In addition, the trees are older, large oaks that have already been
impacted by the construction of Lukewood Drive. Trees proposed to be saved in the front yards
of Lots 5, 3, and 1 have greater chances of survival due to age of some and location of others.
Staff recommends these trees be fenced properly before excavation.
' A variance has been requested by the applicant for a 20 front yard setback. In light of any tree -
related issues, this variance is appropriate. By pulling the houses forward, a number of valuable
oaks will be kept out of the construction limits and their survival will, therefore, be guaranteed.
' VARIANCE
As part of this plat approval, a variance to allow a 20 foot front yard setback is requested. The City
Council may grant a variance from the regulations contained in the subdivision chapter as part of a
plat approval process following a finding that all of the following conditions exist:
The hardship is not a mere inconvenience.
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Dempsey Addition
December 6, 1995
Page 9
2. The hardship is caused by the particular physical surroundings, shape or
topographical conditions of the land.
3. The condition of conditions upon which the request is based are unique and not
generally applicable to other property.
4. The granting of a variance will not,be substantially detrimental to the public welfare
and is in accord with the purpose and intent of this chapter, the zoning ordinance
and comprehensive plan.
Finding: The hardship is caused by the topography of the site. The required setbacks could
be met, however, the impact on the trees will be significant. Granting the variance
will maintain the integrity and natural characteristics of the site. Staff is
recommending approval of the variance.
PLANNING COMMISSION UPDATE
On December 6, 1995, the Planning Commission reviewed and approved this application
unanimously. Issues raised at the meeting were as follows:
Issue: A neighbor living on Lukewood Drive questioned the impact of Benwood
Circle upgrading on access to her property.
Finding: The developer is required to maintain access during construction to all lots
along Lukewood Drive and Benwood Circle. Existing homes located within
Minger Addition should not be impacted with this development.
Issue: Some neighbors questioned the impact of the subject site grading and if it will
increase the amount of water draining onto their property.
Finding: The development will maintain the existing neighborhood drainage pattern in
accordance with the approved grading and drainage plan for Minger
Addition.
Issue: The Planning Commission questioned the need for the 10 foot front yard
variance to allow a 20 foot front yard setback.
Finding: Staff explained that due to the topography of the site, the farther the house
pad is located from the Right -of -Way, more fill will be required to bring the
house pad up to grade and more fill beyond the house to match the grade.
The site has a dense concentration of mature trees along the northeast and
easterly portion of the parcel. Allowing a 20 foot front yard setback will
result in saving a large number of trees.
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Dempsey Addition
December 6, 1995
Page 10
RECOMMENDATION
Staff recommends the City Council adopt the following motions:
REZONING
"The City Council approve rezoning ( #95 -3 REZ) of 5.1 acres of property zoned A -2 to RSF for
Dempsey Addition as shown on the plans received November 6, 1995 and subject to the following
conditions:
1. The applicant shall enter into a development contract containing all of the conditions of
approval for this project and shall submit all required financial guarantees. The
development contract shall be recorded against the property.
1 2. The applicant shall meet all conditions of the Subdivision #95 -21."
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PRELIMINARY AND FINAL PLAT
"The City Council recommends approval of the preliminary and final plat for Dempsey Addition
(Subdivision #95 -21) for 7 single family lots with a 10 foot variance to allow a 20 foot front yard
setback as shown in plans received November 6, 1995 and December 15, 1995 with the following
conditions:
1. Tree preservation conditions:
a. All tree fencing as drawn on plans shall be installed prior to any grading or
excavation.
b. Fencing shall be extended to property lines between lots 3 and 4 as well as across
the rear yard of lot 6.
C. All significant trees must be shown on the building permit surveys.
d. All trees in front yards of lots 1, 3, and 5 block 1 shall be protected by tree
fencing. The fencing shall be placed, at a minimum, at least 15 feet from the
trunk.
e. The two 26 inch oaks in the northeastern corner of lot 7 are not recommended for
preservation.
f. The vegetated areas which will not be affected by the development will be
protected by a conservation easement. The applicant shall provide the city with a
legal description of these easements.
Dempsey Addition
December 6, 1995
Page 11
2. Building Department condition:
b. Obtain demolition permits. This should be done prior to any grading on the
property.
3. Park and trail fees shall be paid in lieu of land as required by city ordinances.
4. The existing outbuildings and any septic system or wells on the site shall be abandoned in
accordance with City and/or State codes.
5. All areas disturbed as a result of construction activities shall be immediately restored with
seed and disc - mulched or wood -fiber blanket or sod within two weeks of completion of
each activity in accordance with the City's Best Management Practice Handbook.
6. The applicant shall enter into a development contract with the City and provide the
necessary financial security to guarantee compliance with the terms of the development
contract.
7. The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
i.e. Watershed District, Metropolitan Waste Control Commission, Health Department,
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources and
Army Corps of Engineers and comply with their conditions of approval.
8. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland
ordinance. The City will install wetland buffer edge signs before accepting the utilities and
will charge the applicant $20 per sign.
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9. The lowest floor elevation of all buildings adjacent to wetlands and storm ponds shall be a
minimum of 2 feet above the 100 -year high water level.
10. The proposed single family residential development of 4.2 developable acres is responsible
for a water quality connection charge of $3,360 and a water quantity fee of $8,316. These
fees are payable to the City prior to the City filing the final plat.
11. The applicant shall report to the City Engineer the location of any drain tiles found during
construction and shall re- locate or abandon the drain tile as directed by the City Engineer.
12. The existing residence on Lot 4 shall be connected to City sewer and the septic system
properly abandoned prior to the final plat being received.
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Dempsey Addition
December 6, 1995
Page 12
13. The streets and storm drainage system shall be constructed in accordance to the City's rural
street and utility standards. Detailed construction plans and specifications shall be
submitted for review and formal approval by the City Council in conjunction with final plat
approval. The plans shall be designed in accordance with the latest edition of the City's
standard specifications and detail plates. Final plat approval is contingent upon approval of
the construction plans by the Chanhassen City Council.
14. Individual grading, drainage, tree preservation and erosion control plans will be required for
each lot at the time of building permit application for the City to review and approve.
15. Neighborhood identification monument signs require a separate permit."
I ATTACHMENTS
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1. Area map showing Minger Addition and the ghost plat of Dempsey Addition.
2. Memo from Diane Desotelle and Dave Hempel dated November 27, 1995.
3. Memo from Steve Kirchman dated November 27, 1995.
4. Notice of Public Hearing mailed November 21, 1995.
5. Application.
6. Memo from Mark Littfin dated November 8, 1995.
7. Jill Sinclair dated November 21, 1995.
8. Planning Commission minutes dated December 6, 1995.
9. Preliminary plat received November 6, 1995.
10. Final Plat dated December 15, 1995
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I MEMORANDUM
TO:
FROM:
1 DATE:
SUBJ:
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Sharmin Al -Jaff, Planner R
Diane Desotelle, Water Resources Coordinator
David Hempel, Assistant City Engineer
November 27, 1995
Review of Preliminary Plan for
Upon review of the preliminary plat drawings
6 1995, we offer the following comments and
WETLANDS
Addition - File No. 95 -39 LUR
by Terra Engineering, Inc. dated November
There is a jurisdictional wetland on -site that is classified'
adjacent to the creek that drains from Trotter's Ridge east t
impacted as a result of development" 6wever, staff still r
buffer strip of 0 to 20 feet with an average width of 10 feet
During home construction erasion control is required along
creek until re- vegetation is established.
> agricultural /urban. This wetland is
Bluff Creek. The wetland will not be
[uires a wetland delineation report. A
kust be maintained along the wetland.
ie entire length of the wetland and the
' UMAI.L' VVA1L�K1VIAPIAkxE1VMA1 YLAIN L7VV1V1Y)
The City has adopteda Suace „Water Management Plan (SWMP) that serves as a tool to protect,
A
preserve and enhance water resoaices The plan identifies, from a,`,regional perspective, the
�
stormwater quantity and quality improvements necessary -to allow °future development to take place
and minimize its impact to downstream water bodies. In general, the water quantity portion of the
' plan uses a 100 -year design storm interval for E onding and a 10 -year design storm interval for
storm sewer piping. The water quality portion of the plan uses William Walker, Jr.'s Pondnet
model for predicting phosphorus concentrations in shallow water bodies. An ultimate conditions
' model has been developed at each drainage area based on the projected future land use, and
therefore, different sets of improvements under full development were analyzed to determine the
1
Sharmin Al -Jaff
November 27, 1995
Page 2
optimum phosphorus reduction in priority water bodies. The development will be required to be
constructed in accordance with the City's SWMP.
A regional pond was constructed on this site in conjunction with the Minger Development. The
ponding with the Minger Development included area for this piece of property as well.
Therefore, the applicant will only be required to connect to the system and pay for the SWMP
fees as discussed below.
Storm Water Quality Fees
The SWMP has established a water quality connection charge for each new subdivision based on
land use. Dedication shall be equal to the cost of land and pond volume needed for treatment of the
phosphorus load leaving the site. The requirement for cash in lieu of land and pond construction
shall be based upon a schedule in accordance with the prescribed land use zoning. Values are
calculated using market values of land in the City of Chanhassen plus a value of $2.50 per cubic
yard for excavation of the pond. The proposed SWMP water quality charge of $800 /acre for single
family resident developments. Fees are based on a total developable land area of 5.1 acres minus
the existing wetland of 0.9 acres. Therefore, the applicant is required to pay $3,360 in water
quality fees.
Storm Water Quantity Fees
The SWMP has established a connection charge for the different land uses based on an average
city -wide rate for the installation of water quantity systems. This cost includes land acquisition,
proposed SWMP culverts, open channels and storm water ponding areas for runoff storage. Single
family residential developments have a connection charge of $1,980 per developable acre. The total
area of the property is 4.2 acres as discussed above. Therefore, the proposed development would
then be responsible for a water quantity connection charge of $8,316. These fees will be due
payable to the City at time of final plat recording.
GRADING & DRAINAGE
The site drains to the west/southwest (toward Galpin Boulevard) where it enters a wetland and or
creek that drains directly into Bluff Creek. The applicant will need to submit to the City detailed
storm drainage calculations for the storm sewers for the 10 -, and 100 -year, 24 -hour duration
storm event for staff review and approval.
A temporary street ( Benwood Circle) was installed in conjunction with the Minger Addition.
The understanding was that the four lots in Minger Addition were permitted to use this interim
street until the Dempsey parcel subdivided. At that time the developer of the Dempsey parcel
would be responsible for upgrading Benwood Circle to a full City street including storm drainage
improvements. Detailed construction plans and specifications for storm sewer and street
Sharmin Al -Jaff
November 27, 1995
Page 3
improvements will need to be submitted to the City for review and formal approval by the City
with final plat consideration. The applicant will be required to enter into a development contract
and supply the City with a letter of credit to guarantee installation of the public improvements
and conditions of final plat approval.
The individual lots will be custom - graded at time of building. Individual grading, drainage, tree
removal and erosion control plans will be required at the time of building permit application for
the City to review and approve.
Only minor site grading will be required to complete the street construction. Catch basins will
need to be protected with hay bales and/or silt fence until the street is paved. Access will have to
be maintained to the existing parcels adjacent to Benwood Circle during construction.
EROSION CONTROL
Erosion control measures and site restoration shall be developed in accordance with the City's Best
Management Practice Handbook (BMPH). The final grading plan shall incorporate Type I erosion
control around the perimeter of the grading limits.
UTILITIES
In conjunction with the Minger subdivision, public improvements (sanitary sewer, water and storm
sewer) were installed to service this parcel as well. Mr. Minger installed the street and utilities at
his own cost with the understanding that they would be reimbursed for a portion of the utility
construction when the Dempsey's property subdivided. Based on Mr. Minger's construction costs,
staff has determined a sanitary sewer and water connection charge of between $6,000 and $7,000
per lot which will be collected at the time of building permit issuance. The City will then refund
this money back to the Mingers.
The existing house is currently on a septic and well system. The existing house was required by
City ordinance to connect to City sewer within one year after the sewer line became operational.
The sewer line became operational around mid - October of 1994. The applicant has indicated that
the existing house will be connected to the City's sewer shortly. The existing well on the property
may remain until the well system fails at which time the well must be property abandoned and the
residence connected to City water. Staff recommends a condition that the existing house must be
connected to the City sewer system and the septic system properly abandoned prior to the final plat
being recorded at the County.
11
Sharmin Al -Jaff
November 27, 1995
Page 4
STREETS
Proposed Lots 4 through 7 are adjacent to Lukewood Drive which is constructed to City urban
street standards and therefore could be built upon as soon as the final plat is recorded. The
remaining lots are adjacent to Benwood Circle which was constructed with only a temporary private
street section. Most of the street right -of -way was dedicated with Minger Addition. Only a small
portion of the cul -de -sac needs to be dedicated with this plat to arrive at the necessary cul -de -sac
right -of -way. The applicant will be responsible for upgrading Benwood Circle to meet City
standards before building permits are issued on proposed Lots 1 through 3. The applicant will need
to supply the City with detailed construction plans and specifications in accordance with the City's
latest edition of standards specifications.
The driveway access for Lot 1 will encroach upon the existing 8 -foot wide bituminous trail. Staff
has recommended to the applicant that the north property line of Lot 1 be shifted northerly to allow
for a driveway that would avoid the City's trail. This may require removing the 14 -inch double
oaks as shown to be saved. However, in conjunction with utility service to the proposed lot, most
likely these oak trees would be lost anyway.
RECOMMENDED CONDITIONS OF APPROVAL FOR PRELIMINARY PLAT
1. The applicant will need to develop a sediment and erosion control plan in accordance with
the City's Best Management Practice Handbook and the Surface Water Management Plan
requirements for new developments. The plan shall be submitted to the City for review and
formal approval prior to final plat approval.
2. All areas disturbed as a result of construction activities shall be immediately restored with
seed and disc - mulched or wood -fiber blanket or sod within two weeks of completion of
each activity in accordance with the City's Best Management Practice Handbook.
4. The applicant shall provide detailed storm sewer calculations for 10 -year and 100 -year
storm events in accordance with the City's SWMP for the City Engineer to review and
approve prior to final plat approval. The applicant shall provide detailed pre - developed and
post developed stormwater calculations for 100 -year storm events. Individual storm sewer
calculations between each catch basin segment will also be required to determine if
sufficient catch basins are being utilized.
5. The applicant shall enter into a development contract with the City and provide the
necessary financial security to guarantee compliance with the terms of the development
contract.
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Sharmin Al -Jaff
November 27, 1995
' Page 5
6.
The applicant shall apply for and obtain permits from the appropriate regulatory agencies,
i.e. Watershed District, Metropolitan Waste Control Commission, Health Department,
Minnesota Pollution Control Agency, Minnesota Department of Natural Resources and
Army Corps of Engineers and comply with their conditions of approval.
'
7.
Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland
ordinance. The City will install wetland buffer edge signs before accepting the utilities and
will charge the applicant $20 per sign.
8.
The lowest floor elevation of all buildings adjacent to wetlands and storm ponds shall be a
minimum of 2 feet above the 100 -year high water level.
9.
The northerly lot line of Lot 1 shall be adjusted to provide a driveway access to Lot 1 that
will avoid encroachment onto the City's trail.
10.
Existing wells and/or septic systems on site will have to be properly abandoned in
accordance to City and Minnesota Department of Health codes /regulations.
'
11.
The proposed single family residential development of 4.2 developable acres is responsible
for a water quality connection charge of $3,360 and a water quantity fee of $8,316. These
fees are payable to the City prior to the City filing the final plat.
12.
The applicant shall report to the City Engineer the location of any drain tiles found during
construction and shall re- locate or abandon the drain tile as directed by the City Engineer.
'
13.
The existing residence on Lot 4 shall be connected to City sewer and the septic system
abandoned to final plat approval.
properly prior
14.
The streets and storm drainage system shall be constructed in accordance to the City's rural
'
street and utility standards. Detailed construction plans and specifications shall be
submitted for review and formal approval by the City Council in conjunction with final plat
approval. The plans shall be designed in accordance with the latest edition of the City's
standard specifications and detail plates. Final plat approval is contingent upon approval of
the construction plans by the Chanhassen City Council.
'
15.
Individual grading, drainage, tree preservation and erosion control plans will be required for
each lot at the time of building permit application for the City to review and approve.
'
c:
Charles D. Folch, Director of Public Works /City Engineer
g:\eng \diane
\planning\dempsey.ppr
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Bob Generous, Planner II
FROM: Steve A. Kirchman, Building Official
DATE: November 27, 1995
SUBJECT: 95 -21 SUB(Dempsey Addition)
Back round:
I was asked to review the plans stamped "CITYOF CIS
CHANHASSEN PLANNING DEPT." font above
recommendations from the Inspections Division for the pr
Analysis:
1 .
Building Pads. Locations of proposed dwelling pads and the
Inspections Division and Engineering Department to perform a
the time of building permit issuance. For the same reason, prop
permits. Proof of well abandonment must be f
abandonment must be obtained and the septic system
,SSEN, RECEIVED NOV 06 1995,
,ced project. Below are an analysis and
project.
of dwelling is necessary to enable the
factory plan review of the structure at
lowest level floor elevation, entry floor
to be indicated on the proposed pad
J, WO) must be shown for proposed
rrors during the plar� review process.
xch will be' "demolished will require demolition
to the City and a permit for septic system
ned prior to issuance of a demolition permit.
t
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Bob Generous
November 27, 1995
Page 2
Recommendations:
The following conditions should be added to the conditions of approval.
1. Revise the preliminary grading plan to show the location of proposed dwelling pads, using standard
designations and indicate the lowest level floor, entry level floor and garage floor elevations. This
should be done prior to final plat approval.
2. Obtain demolition permits. This should be done prior to any grading on the property.
enclosure: January 29, 1993 memorandum
CITY OF
CHANHA
690 COULTER DRIVE • FO. BOX 147 • CHA.NHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Inspections, Planning, & Engineering Staff
FROM: Steve A. Kirchman, Building Official
DATE: January 29, 1993
SUBJ: Dwelling Type Designation
We have been requesting on site plan reviews that the developer designate the type of
dwelling that is acceptable on each proposed lot in a new development. I thought perhaps
it might be helpful to staff to explain and diagram these designations and the reasoning
behind the requirements. A�
FLO or RLO Designates Front Lookout or Rear. Lookout This includes dwellings with tae basement floor level
approximately 8' below grade at its'deepest w►th the surrounding grade sloping down to approximately 4'
above the basement floor level.
N.
R Designates Rambler. This includes dwellings witf .the basement floor level approximately 8' below grade
with the surrounding grade approximately level. This would include two story's and many level dwellings.
SE Designates Split Entry. This includes dwellings with the basement floor level approximately 4' below grade
with the surrounding grade approximately level.
SLIWO Designates Split Fury Walk Out This includes dwellings with the basement floor level approximately 4'
below grade at its deepest with the surrounding grade sloping down to lowest floor level.
TU Designates Tuck Under. This includes dwellings with the basement floor level approximately 8' below
grade at its deepest with the surrounding grade sloping down to the lowest floor level in the front of the
dwelling.
Wo Designates Walk Out This includes dwellings with the basement floor level approximately 8' below grade
at its deepest with the surrounding grade sloping down to the lowest floor level in the rear of the dwelling.
TU SE rR SEWO WO FLO '
�., or A
Inspections staff uses these designations when reviewing plans which are then passed to the
engineering staff for further review. Approved grading plans are compared to proposed building
plans to insure compliance to approved conditions. The same designation must be used on all
documents in order to avoid confusion and incorrect plan reviews.
If
PRINTED ON RECYCLED PAPER
1
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NOTICE OF PUBLIC
HEARING
PLANNING COMMISSION
MEETING
Wednesday, DECEMBER 6,1995
at 7:00 p.m.
Chanhassen Recreation Center
2310 Coulter Boulevard
Project: Dempsey Addition
Developer: Timothy Dempsey
Location: East side of Galpin Blvd.,
just south of Lukewood Drive
' Notice: You are invited to attend a public hearing about a development proposed in your area.
The applicant is proposing to rezone 222,580 sq. ft. of property zoned A2, Agricultural Estate to
RSF, Residential Single Family and preliminary plat approval into 7 lots and a 20 ft. front yard
' setback variance. The property is located on the east side of Galpin Blvd. just south of Lukewood
Drive, Dempsey Addition.
What Happens at the Meeting: The purpose of this public hearing is to inform you about the
developer's request and to obtain input from the neighborhood about this project. During the meeting,
the Commission Chair will lead the public hearing through the following steps:
' 1. Staff will give an over view of the proposed project.
2. The Developer will present plans on the project.
' 3. Comments are received from the public.
4. Public hearing is closed and the Commission discusses project. The Commission will
' then make a recommendation to the City Council.
Questions or Comments: If you want to see the plans before the meeting, please stop by City Hall
' during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about
this project, please contact Sharmin at 937 -1900 ext. 120. If you choose to submit written comments,
it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the
Commission.
Notice of this public hearing has been published in the Chanhassen Villager on November 23,
1995.
Roger & Gayleen Schmidt Gerald & Lois Gustafson Betty O'Shaughnessy
8301 Galpin Blvd. 8341 Galpin Blvd. 1000 Hesse Farm Road
Chanhassen, MN 55317 Chanhassen, MN 55317 Chaska, MN 55318
John R. Fisher Brian Klingelhutz Dream Homes, Inc.
1820 Ridge Ave. S. Geis & Klingelhutz 10420 49th Ave. N.
Watertown, MN 55388 2218 Lukewood Dr. Plymouth, MN 55442
Chanhassen, MN 55317
Daniel & L. Schleck Michael & P. Robinson Patrick & Karen Minger
2225 Lukewood Dr. 2224 Lukewood Dr. 2218 Lukewood Dr.
Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317
Lula O'Laughlin William & Marjorie Strudthoff Dale & Olice A. Minger
129 Cook Street 19785 O Ave. Box 44
West Union, IA 52175 Hawkeye, MN 52147 -8311 Wadena, IA 52169
Brian & Neil Klingelhutz Mark & J. Ringdahl Moberg Homes, Inc.
& Steven Geis 8032 Erie Ave. P O Box 57
214 Main Street W. Chanhassen, MN 55317 Chanhassen, MN 55317
Waconia, MN 55387
Timothy & Vicki Dempsey Hans Hagen Homes, Inc. Andrew & Susan Richardson
8241 Galpin Blvd. 941 Hillwind Road NE 8120 Rinewood Circle
Chanhassen, MN 55317 Minneapolis, MN 55432 Chanhassen, MN 55317
Mark & Nancy Bielski Richard & Elizabeth Nye Larson Gregory & Beverly Vandervorste
8140 Pinewood Circle 8141 Pinewood Circle 8141 Maplewood Terrace
Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317
Curtis & Jean Beuning Curt & Hope Enerson Mark & Chirstine Fischer
2381 Timberwood Dr. 2403 Bridle Creek Trail 2407 Bridle Creek Trail
Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317
Rodney & Janice Melton Michale & Mary Minear Trotters Ridge of Chanhassen
2413 Bridle Creek Trail 2421 Bridle Creek Trail 2765 Casco Point Road
Chanhassen, MN 55317 Chanhassen, MN 55317 Wayzata, MN 55391
Bret & Beckey Bailey Moberg Homes, Inc. Steven & Deborah Watts
2539 Bridle Creek Trail 780 Ashley Dr. 2563 Bridle Creek Trail
Chanhassen, MN 55317 Chaska, MN 55318 Chanhassen, MN 55317
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Dennis & Carol Medo
2420 Bridle Creek Trail
Chanhassen, MN 55317
James & Kathryn Liddell
t 2550 Bridle Creek Trail
Chanhassen, MN 55317
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Edwin F. Susi
2430 Bridle Creek Trail
Chanhassen, MN 55317
Todd & Ann Mack
2542 Bridle Creek Trail
Chanhassen, MN 55317
1
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937 -1900
DEVELOPMENT REVIEW APPLICATION
APPLICANT: 1141'! OWNER:
i t
r
ADDRESS: _!7 �' c ',`= , 'c''��' � /,� DDRESS:
TELEPHONE (Day time) ' 7 9 3 ' `fr `? TELEPHONE:'
1.
Comprehensive Plan Amendment
11.
Vacation of ROW /Easements
2.
Conditional Use Permit
12.
Variance
3.
Interim Use Permit
13.
Wetland Alteration Permit
4.
Non - conforming Use Permit
14.
Zoning Appeal
5.
Planned Unit Development
15.
Zoning Ordinance Amendment
6.
Rezoning
7.
Sign Permits
8.
Sign Plan Review
f�
Notification Signs
9.
Site Plan Review
X
Escrow for Filing Fees /Attorney Cost"
($50 CUP /SPRNACNAR/WAP /Metes
and Bounds, $400 Minor SUB)
10.
Subdivision
TOTAL FEE $
A list of all property owners within 500 feet of the boundaries of the property must
Included with the application.
Twenty -six full size folded copies of the plans must be submitted.
8Y2" X 11" Reduced copy of transparency for each plan sheet.
NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application.
` Escrow will be required for other applications through the development contract
1.
2.
4.
5.
6.
7.
8.
9.
10.
DEVELOPMENT FEE SCHEDULE
Comprehensive Plan Amendment
a. $500
b. $100 Minor MUSA line for failing on -site sewers
Conditional Use Permit (Does not include site plan review)
a. Single family residence
(individual lot) - $75
b. All others - $400
Grading Permits
a. Under 50 cubic yards $0
b. 50 -1000 cubic yards $50
c. Over 1000 cubic yards - processed
as IUP -use UBC
Interim Use Permit
a. Single family residence
(individual lot) - $75
b. All Others - $400
Notification Signs
$50 rental
$100 damage deposit
Planned Unit Development /Rezoning
a. $750
b. Amendments
Minor Amendment - $100
Major Amendment - Same As PUD
Rezoning - $500
Sign Permit
a. Temporary - $35
b. Permanent - $50
Sign Plan Review $150
(if separate from site plan)
Site Plan Review
a. $250 + $10 per 1000 sq.ft. of building
area for commercial and industrial districts + $5 per dwelling unit in residential districts
PLANNING COMMISSION AND CITY COUNCIL
1995 MEETING DATES AND
APPLICATION DEADLINES
DEADLINE DECEMBER 5
PLANNING COMMISSION JANUARY 4, 1995
CITY COUNCIL JANUARY 23, 1995
-------------------------------------------------------------------------------------------------------------------------
DEADLINE DECEMBER 19, 1994
PLANNING COMMISSION JANUARY 18
CITY COUNCIL FEBRUARY 13
DEADLINE JANUARY 3
PLANNING COMMISSION FEBRUARY l
CITY COUNCIL FEBRUARY 27
DEADLINE JANUARY 16
PLANNING COMMISSION FEBRUARY 15
CITY COUNCIL MARCH 13
DEADLINE JANUARY 30
PLANNING COMMISSION MARCH 1
CITY COUNCIL MARCH 27
DEADLINE FEBRUARY 13
PLANNING COMMISSION MARCH 15
CITY COUNCIL APRIL 10
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DEADLINE JUNE 19
PLANNING COMMISSION JULY 19
CITY COUNCIL AUGUST 14
DEADLINE JULY 3
PLANNING COMMISSION AUGUST 2
CITY COUNCIL AUGUST 28
DEADLINE JULY 17
PLANNING COMMISSION AUGUST 16
CITY COUNCIL SEPTEMBER 11
DEADLINE AUGUST 7
PLANNING COMMISSION SEPTEMBER 6
CITY COUNCIL SEPTEMBER 25
DEADLINE AUGUST 21
PLANNING COMMISSION SEPTEMBER 20
CITY COUNCIL OCTOBER 9
DEADLINE SEPTEMBER 5
PLANNING COMMISSION OCTOBER 4
CITY COUNCIL OCTOBER 23
DEADLINE SEPTEMBER 18
PLANNING COMMISSION OCTOBER 18
CITY COUNCIL NOVEMBER 13
3
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m m m m m m m m m m m m m m m m m m m
690 COULTER DR. • P.O. BOX 147
OF CHANHASSEN
CHANHASSEN, MINN- 55317
PHONE: (612) 937-1900
RECEIPT
CITY
DATE
RECEIVED OF
AMOUNT FUND SOURCE OBJ. PROG.
PERM/LIC.
DESCRIPTION
\r
CHECK`Q CASH ❑
MOUNT
TOTAL AMOUNT
,'
DEPUTY TREASURER
• 0 • 0 • 0
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CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Robert Generous, AICP, Planner II
FROM: Mark Littfin, Fire Marshal
SUBJECT: Dempsey Addition - 7 Lot Subdivision
Planning Case: 95 -21 SUB
DATE: November 8, 1995
I have reviewed the I
or concerns.
H
1
MEMORANDUM
TO: Sharmin Al -Jaff, Planner II
FROM: Jill Sinclair, Forestry Intern '
DATE: November 21, 1995 ,
SUBJ: Tree Preservation Plan, Dempsey Addition
Applicant has prepared canopy coverage calculations and tree preservation plans.
Existing canopy coverage is 82% of the site. Proposed development will remove
approximately 1. 18 acre or 28 %. The minimum allowable post - development canopy '
coverage is 55 %; the applicant will have a remaining canopy coverage of 54 %. If the
council
The applicant has designated a handful of trees to be saved in the front yards. These trees ,
are all oaks ranging in size from 14 to 26 inches in diameter. In theory, trees preserved in
the front yards hold great value for the lot and make it more attractive. In practice, trees
located in the front of homes are difficult to effectively protect during construction and
tend to deteriorate quickly due to poor care. In addition to preservation techniques, age
and species also play a role in a tree's survival. In general, the younger the tree, the '
greater its capability to deal with change. Similarly with people, the young are much
more resilient to injury than the old. As for species, red, white and northern pin oaks are
more sensitive to construction damage than bur oaks. '
Although the applicant has not specified the type of oaks on the site, staff believes it to be '
prudent in recommending that the two oaks proposed to be saved on lot 7 be removed
instead. That lot will be receiving a large amount of grading and fill and it would be
extremely difficult to protect the trees from damage. In addition, the trees are older, large
oaks that have already been impacted by the construction of Lukewood Drive. Trees
proposed to be saved in the front yards of lots 5, 3, and 1 have greater chances of survival
due to age of some and location of others. Staff recommends these trees be fenced '
properly before excavation.
A variance has been requested by the applicant for a 20 front yard setback. In light of any '
tree- related issues, this variance is appropriate. By pulling the houses forward, a number
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of valuable oaks will be kept out of the construction limits and their survival will,
therefore, be guaranteed.
Staff recommendations:
1. All tree fencing as drawn on plans be installed prior to any grading or excavation.
Fencing to be extended to property line between lots 3 and 4 as well as across the rear
yard of lot 6.
2. All significant trees must be shown on building permit surveys.
3. All trees in front yards of lots 1, 3, and 5 block 1 shall be protected by tree fencing.
The fencing shall be placed, at a minimum, at least 15 feet from the trunk.
4. The two 26 inch oaks in the northeastern corner of lot 7 are not recommended for
preservation.
Planning Commission Meeting - December 6, 1995
PUBLIC HEARING:
REQUEST TO REZONE 222,580 SO. FT. OF PROPERTY ZONED A2, AGRICULTURAL
ESTATE TO RSF, RESIDENTIAL SINGLE FAMILY AND PRELIMINARY PLAT
APPROVAL INTO 7 LOTS AND A 20 FT. FRONT YARD SETBACK VARIANCE. THE
PROPERTY IS LOCATED ON THE EAST SIDE OF GALPIN BOULEVARD JUST
SOUTH OF LUKEWOOD DRIVE, DEMPSEY ADDITION, TIMOTHY DEMPSEY
Public Present:
Name Address
Paula & Mike Robinson
Bob Beyer
Tim Dempsey
Peter Knaeble
Roger Schmidt
2224 Lukewood Drive
7221 Harriet Avenue so.
2301 Lukewood Drive
6001 Glenwood Avenue
Galpin Boulevard
Bob Generous presented the staff report on this item.
Mancino: Any questions from commissioners? Does the applicant wish to address the
Planning Commission?
Peter Knaeble: Madam Chairman, members of the Planning Commission. My name is Peter
Knaeble. I'm a civil engineer with... Engineering. We're responsible for the preparation of the
preliminary plat and the exhibits for this project. And I'm here tonight with the owner of the
property who currently lives on the property, Tim Dempsey. And Bob went through the staff
report, or the information in the staff report. Covered most of the stuff that I was going to.
I'd just like to reiterate that again this project, the ghost plat for this project was done last
year when we did the engineering and planning work on the Minger Addition next door.
Again that ghost plat showed 7 lots and that's what we're showing also today. And again the
project meets all the city codes. We're asking for a variance to push the lots up 10 feet to
save trees in the back of the homes and that was a similar variance that was given to the
Minger Addition next door. Those were also designed I believe for all the lots, at about 20
foot setback instead of the standard 30 foot. Again to save the trees ... for that project. If the
Planning Commission has any questions, we're here to answer.
Mancino: Thank you. Any questions from the Planning Commissioners? I'd like to open
this for a public hearing. May I have a motion please?
E
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Planning Commission Meeting - December 6, 1995
Farmakes moved, Peterson seconded to open the public hearing. The public hearing was
opened.
Mancino: This is open for a public hearing. Anyone wishing to address the Planning
Commission, please do so now.
Roger Schmidt: I'm Roger Schmidt and I have the property just immediately south of Tim's
property. I guess the question I have is, where it shows the wetlands down there at the base
of those lots, is there any fill at all contemplated for that area? Because at this point there, I
know there's some standing water down in that area at times and of course if that was filled
in, I've got the property across the drainage ditch there and I'm sure I'd get some standing
water and I've got a lot of trees in there that I don't want to lose. And water would, you
know I'm sure would kill those off after a short period of time so that would be my only
concern at this time.
Mancino: Thank you.
The applicant stated something to Mr. Schmidt from the audience.
Mancino: And there is no fill in that area at all. Thank you. Anyone else wishing to
address the Planning Commission?
Mike Robinson: Mike Robinson. I live in the Minger Addition and my only question is,
what are the size restrictions on the property for the homes? ...are they going to be similar to
the Minger Addition in terms of size restriction and similar pricing of homes.
The applicant answered the question from the audience and it was not picked up by the
microphone.
Paula Robinson: My name is Paula Robinson and I live in the Minger Addition as well and I
just have a couple of questions. One is, what is our access being shown on ... on Galpin and
on days I wasn't even able to get back to my property and so that's something that I'd really
like to know if that's going to go on for a period of time.
Mancino: Can you wait one second and we'll try to answer that. Dave, what kind of city
rules do we have about that?
Hempel: As a part of this project, Bentwood Circle, which is a private driveway street right
now, will be upgraded to a city street. In conjunction with that upgrading, they will be
required to maintain access to the existing homes on Bentwood Circle. There should be no
10
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Planning Commission Meeting - December 6, 1995
impact on Lukewood. That's already built to city standards so we don't need to tear into that
street. Are you a resident of Bentwood Circle or are you on Lukewood?
Paula Robinson: No, I'm on Lukewood but because of construction anticipated on Galpin,
Lukewood at many times was shut off from the...
Mancino: So that shouldn't happen. However, there will be crews going back and forth on
Wood...
Paula Robinson: Right, and are they going to block off our access?
Mancino: I don't think they're able to.
Hempel: No. They're required to maintain access from a public safety standpoint. They may
only have parking like on one side of the street and maintain that in and out.
A comment was made from the audience that was not picked up by the microphone.
Paula Robinson: That was my main concern.
Mancino: That was your first question. I think you had a second question.
Paula Robinson: Yes, I just had a second on the drainage of the area...
Mancino: Again I think Mr. Hempel could answer that for you.
Hempel: Madam Chair, with this development they will maintain the neighborhood drainage
pattern that's out there today. The only grading that's going to be done is for the new street
and as individual houses are built, the city requires individual grading, drainage, tree removal
plans be submitted with building permit applications are reviewed to insure that the drainage
patterns are maintained in that area.
Mancino: Thank you.
Paula Robinson: You're welcome.
Mancino: Anyone else? Seeing none, may I have a motion to close the public hearing?
Faimakes moved, Peterson seconded to close the public healing. The public hewing was
closed.
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Planning Commission Meeting - December 6, 1995
Mancino: Any questions or comments from commissioners? Commissioner Meyer.
Meyer: I've got a question on the Schmidt property. Is that something that's developable yet?
Is that something that we should take into consideration at this point?
Hempel: Staff did look at the surrounding properties to this. The Schmidt property is located
south of this. South of the Bluff Creek tributary would be serviced through Galpin
Boulevard.
Mancino: Can you point that out Dave. Where is the Schmidt property? I mean I see it just
west of Galpin here.
Dave Hempel went to the overhead projector to point out the location of the Schmidt
property.
Hempel: That's correct...
Mancino: So you're expecting that to go off of Galpin?
Meyer: Who would I ask about that 10 foot setback ?...
' Generous: As part of the tree preservation, that was one of the things we were looking at. If
you can pull the housing pad closer to the road where we have most of our impacts of trees,
you're able to save a larger areas. The Minger Addition we have, tree preservation areas that
' we have 200 -300 feet deep because we have ... we're trying to save the mature stands to the
rear of the trees and provide them some screening from Galpin Boulevard. In addition..., the
first one may be, Lot 7 may be able to be pushed back from an aesthetic standpoint. Sharmin
' told me that she'd like to see the setbacks from the front of the house maintained all the way
along that curb.
L
Meyer: That's all the questions I have.
Mancino: Thank you. Commissioner Skubic.
Skubic: I have very little to add. Unfortunately we're taking, are taking down some nice
trees here but I appreciate the effort and I support the variance for setback here and let's
preserve some of them.
Mancino: Commissioner Farmakes.
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Planning Commission Meeting - December 6, 1995
Farmakes: No further comments.
Mancino: Commissioner Peterson.
Peterson: No comments.
Mancino: I have a couple questions. Bob, how do we get to the city park which is south of
this subdivision?
Generous: There's a trail segment that was put in as part of the Minger Addition. It's right to
the east of Lot 1. It follows that eastern property line.
Mancino: But I mean if I'm a resident and I live north on Galpin and I want to go to the city
park, where do I park and get out of my car and go to the park?
Generous: I don't know that it's designated for that. It's a passive type park so you would,
the closest trailhead that I'm aware of is at the Autumn Ridge site. That trail system will
eventually commit down into this area along Galpin.
Mancino: And does this trail system, it just stops at the cul -de -sac? It does not go through
this development out to Galpin?
Generous: No. It just, it will be an on street trail for anyone who would want to walk that
area.
Mancino: Okay. And why doesn't it continue? Is there a paralleling trail system on Galpin?
Generous: Yes.
Mancino: Thank you. A couple other questions. On Lot 6, and on Lot 2, by pushing that
back to the 30 feet, which is the setback and not a variance, especially on Lot 6, if we go
backwards, we're not taking out any trees according to what I'm looking at.
Generous: No significant trees.
Mancino: Okay. So Lot 6, by doing a variance, does not save any trees. And Lot 7 does
not save any trees.
Generous: I believe on Lot 7 the only, the saving there is the wetland setback and grading.
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Planning Commission Meeting - December 6, 1995
Mancino: Okay. Tell me that a little bit more. Explain that a little bit more. We're saving
grade back there?
Hempel: Madam Chair, Lot 7 yes. There is required fill given the topographic terrain right
now. If you push the house pad further on down the road, it requires more fill to bring that
house pad up to grade and more fill beyond the house to match these to grade. If you keep it
up the hill farther, less grading and filling is involved.
Mancino: Okay. And Lot 5 I can see that we are saving trees in the back and Lot 4 is the
existing home and also on Lot 3. Lot 2 it seems to me that we would save some trees in the
front by pushing the house pad back a little bit.
Generous: I wonder, I could have Jill answer that.
Sinclair: Your question is about Lot 2?
Mancino: Yes. On Lot 2 there is the 26 inch oak and those oaks in the front which, you
know on so many of the subdivisions now there are no trees in the front yard so.
Sinclair: Yeah, that's true.
Mancino: So in looking at this and saying, there are such beautiful trees there, would it be
possible to save some in the front also.
-` Sinclair: From past experience, saving trees in the front yard is one of the most difficult
things a developer can do. It doesn't work well because you have contractors that want to
come in and park their trucks there. Put their materials there. You have utilities going to the
house on one side. That usually cuts the roots. It's very difficult to effectively preserve trees
in the front yard. So it's better to sacrifice those and save all the ones in the back yard
effectively than to run the risk of chancing it on a couple in the front yard. And you know
because these are big trees, they ... fairly negatively to any kind of disruption and the moisture
in the soil. The cutting of the roots. Any kind of compaction. All of that takes a real toll on
the older trees.
Mancino: Okay. Let me ask you one other question Jill. On Lot 7 you had suggested that
those two oaks, those two 26 inch ... oaks be taken down.
Sinclair: Right. Kind of the same deal where, where the oaks are right now you know it's
probably a 3 to 4 foot difference between what the new grade will be and where the oaks are
now and it is fairly close. It's not like the other tree we just discussed where there's 12 feet
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Planning Commission Meeting - December 6, 1995
or so. You know within 5 feet of these trees, there's going to be this ,4 foot cut on one side.
In front of them has already been graded for the road so effectively they're taking out at least
3/4 of this and they are large trees once again so you know, they could survive but the
chances are bad, yeah.
Mancino: Thank you. What are Outlots C and B? What do you do with those two outlots
Bob?
Generous: Those were established as part of the Minger Addition. I believe there was a
transfer between Minger and the Dempsey's. That Minger transferred it to the Dempsey's for
when he subdivided his land.
Mancino: How come that didn't become part of
Generous: Well yeah, that's just showing the underlying plat. That will become, Outlot C
becomes part of Lot I and Outlot B becomes part of Lot 4.
Mancino: Thank you. And the last question is, we needed a post development canopy
coverage 55% and we're at 54 %. Are there trees that needed to added to it?
Generous: That would be the canopy area?
Mancino: Yeah.
Sinclair: ...calculations it comes up to about 2 trees they would technically have to replace.
Mancino: Thank you. My last question has to do with the ... other developments that we are
going to be seeing tonight that has... canopy coverage like this. 80% to 90 %. You're
recommending that for the water line, for all the water lines, using a trench box so as to not
disturb the area.
Hempel: In this project the sewer and water lines have already been installed. There's really
no need to do that. The individual sewer service can be stubbed to the property line once that
home is built and the sewer line will be extended into the house. Typically with that the
sewer and water contractor... box. He simply trenches it to a normal trench width or most
time they do even narrow because more digging costs more money.
Mancino: Okay. Those are all my questions. I think it's a good development. It will work
out well with the Minger development. It's well though out. May I entertain a motion?
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I Planning Commission Meeting - December 6, 1995
Skubic: I'll make a motion that the Planning Commission recommend approval of rezoning
' #95 -REZ 5.1 acres of property zoned A2 to rural single family for Dempsey Addition as
shown on the plans received November 6, 1995 and subject to the following conditions
number 1 and number 2.
' Mancino: Is there a second?
' Meyer: I'll second that.
Mancino: Any discussion?
' Skubic moved, Meyer seconded that the Planning ommission mcommen
g d approval of
rezoning 5.1 acres of property zoned A2 to RSF for Dempsey Addition as shown on the plans
' received November 6, 1995 and subject to the following conditions:
' 1. The applicant shall enter into a development contract containing all of the conditions of
approval for this project and shall submit all required financial guarantees. The
development contract shall be recorded against the property.
' 2. The applicant shall meet all conditions of the Subdivision #95 -21.
' All voted in favor and the motion carried unanimously.
Mancino: A second motion for the preliminary plat please.
Skubic: I'll make a motion. The Planning Commission recommend approval of a preliminary
plat for Subdivision #95 -21 Dempsey Addition for 7 single family lots with a 10 foot variance
' to allow a 20 foot frontage yard setback as shown on the plans received November 6, 1995
with the following conditions number 1 through number 18 as outlined by the staff.
' Mancino: Is there a second?
Meyer: I'll second that.
Mancino: Any discussion?
' Skubic moved, Meyer seconded that the Planning Commission recommends approval of the
preliminary plat for- Subdivision 1195 -21, Dempsey Addition for 7 single family lots with a 10
foot variance to allow a 20 foot front yaixl setback as shown in plans received November 6,
' 1995, with the following conditions:
1 16
Planning Commission Meeting - December 6, 1995
1. Tree preservation conditions:
a. All tree fencing as drawn shall be installed prior to any grading or excavation.
b. Fencing shall be extended to property lines between Lot 3 and 4 as well as across
the rear yard of Lot 6.
c. All significant trees must be shown on the building permit surveys.
d. All trees in front yards of Lot 1, 3 and 5, Block 1 shall be protected by tree fencing.
The fencing shall be placed, at a minimum, at least 15 feet from the trunk.
e. The two 26 inch oaks in the northeastern corner of Lot 7 are not recommended for
preservation.
f. The vegetated areas which will not be affected by the development will be protected
by a conservation easement. The applicant shall provide the city with a legal
description of these easements.
2. Building Department conditions:
a. Revise the preliminary grading plan to show the location of proposed dwelling pads,
using standard designations and indicate the lowest level floor, entry level floor and
garage floor elevations. This should be done prior to final plat approval.
b. Obtain demolition permits. This should be done prior to any grading on the
property.
3. Park and trail fees shall be paid in lieu of land as required by city ordinances.
4. The existing out buildings and any septic system or wells on the site shall be abandoned
in accordance with City and /or State codes.
5. The applicant will need to develop a sediment and erosion control plan in accordance
with the City's Best Management Practice Handbook and the Surface Water
Management Plan requirements for new developments. The plan shall be submitted to
the City for review and formal approval prior to final plat approval.
6. All seeds disturbed as a result of construction activities shall be immediately restored
with seed and disc - mulched or wood -fiber blanket or sod within two weeks of
completion of each activity in accordance with the City's Best Management Practice
Handbook.
7. The applicant shall provide detailed storm sewer calculations for 10 year and 100 year
storm events in accordance with the City's SWMP for the City Engineer to review and
approve prior to final plat approval. The applicant shall provide detailed pre- developed
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Planning Commission Meeting - December 6, 1995
and post developed stormwater calculations for 100 year storm events. Individual storm
sewer calculations between each catch basin segment will also be required to determine
if sufficient catch basins are being utilized.
'
8.
The applicant shall enter into a development contract with the City and provide the
necessary financial security to guarantee compliance with the terms of the development
contract.
9.
The applicant shall apply for and obtain permits from the appropriate regulatory
agencies, i.e. Watershed District, Metropolitan Waste Control Commission, Health
Department, Minnesota Pollution Control Agency, Minnesota Department of Natural
Resources and Army Corps of Engineers and comply with their conditions of approval.
'
10.
Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland
ordinance. The City will install wetland buffer edge signs before accepting the utilities
and will charge the applicant $20.00 per sign.
11.
The lowest floor elevation of all buildings adjacent to wetlands and storm ponds shall be
'
a minimum of 2 feet above the 100 year high water level.
12.
The northerly lot line of Lot 1 shall be adjusted to provide a driveway access to Lot 1
that will avoid encroachment onto the City's trail.
13.
The proposed single family residential development of 4.2 developable across is
'
responsible for a water quality connection charge of $3,360.00 and a water quantity fee
of $8,316.00. These fees are payable to the City prior to the City filing the final plat.
14.
The applicant shall report to the City Engineer the location of any drain tiles found
during construction and shall re- locate or abandon the drain tiles as directed by the City
Engineer.
'
15.
The existing residence on Lot 4 shall be connected to City ewer and the septic stem
tY p Y
properly abandoned prior to final plat approval.
16.
The streets and storm drainage system shall be constructed in accordance to the City's
g Y e C ty s
rural street and utility standards. Detailed construction plans and specifications shall be
submitted for review and formal approval by the City Council in conjunction with final
plat approval. The plans shall be designed in accordance with the latest edition of the
'
City's standard specifications and detail plates. Final plat approval is contingent upon
approval of the
construction plans by the Chanhassen City Council.
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Planning Commission Meeting - December 6, 1995 '
17. Individual grading, drainage, tree preservation and erosion control plans will be required
for each lot at the time of building permit application for the city to review and approve. '
18. Neighborhood identification monument signs require a separate permit.
All voted in favor and the motion carried unanimously. '
Mancino: When will this go in front of City Council. 1
Generous: January 8th.
PUBLIC HEARING:
TED DELANCEY FOR A REQUEST FOR PRELIMINARY PLAT APPROVAL OF 8.9 '
ACRES INTO 9 LOTS ON PROPERTY ZONED RSF SINGLE FAMILY RESIDENTIAL
AND LOCATED AT 7505 FRONTIER TRAIL, LOTUS GLEN
Public Present:
Name Address
'
Ted & Cathy deLancey Applicants
Charles Stinson Architect
Don Streeter Streeter and Associates
Dr. James Erland Chanhassen
Rick Corwine 7600 Erie Avenue
'
Tom Pauley 7604 Erie Avenue
Kelly Lang 7501 Erie Avenue
Andrew Hiscox 7500 Erie Avenue
Bob Generous presented the staff repoit on this item.
Mancino: Any questions from commissioners at this point?
(Due to a taping error, a portion of the public hearing was not recorded on this item. Taping
of the discussion began again at this point after the applicant and the applicant's architect had
presented their plan and the public hearing had been opened.)
.
Mancino: Bob, for Mr. Corwine. How wide is the ... going to be and how close will these
19