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6. Preliminary Plat Delwiche Addition� I I i CITY OF CHANHASSEN PC DATE: 11/16/94 CC DATE: 12/12/94 CASE #: 94 -17 SUB ro i STAFF REPORT ' PROPOSAL: Preliminary Plat to replat two parcels with a total area of 7.84 acres into 2 single family lots, Delwiche Addition ' LOCATION: Lots 8 and 9, Block 3, Pleasant Acres 2nd Addition. West of Hwy. 7, Z east of Hennepin County Regional Railroad and south. of FiP0A9 ,, Q Curve. ' V APPLICANT: Lyle D. Delwiche eJ 4131 Pipewood Curve ' Excelsior, MN 55331 CL 474 -1475 Q PRESENT ZONING: RSF, Residential Single Family District ACREAGE: 7.84 Acres DENSITY: 0.25 Units per Acre Gross ADJACENT ZONING AND LAND USE: N - RSF, Residential Single Family S - RSF, Residential Single Family E - Highway 7 W - Hennepin County Regional Railroad WATER AND SEWER: Available to the site. Action by City Adminiatrata Endorse 12W A - Modified Rejecte Date Submtted tc C — '^; cW Date Submitted to Ct,wcZ /.�.. is -5t. PHYSICAL CHARACTER. The site contains a single family home and a stable. The majority of the site is located within the City of Victoria. A wetland occupies the southerly edge of the site. The westerly edge of the site is heavily wooded and has a stream. 2000 LAND USE PLAN: Residential -Low Density (Net Density 1.2 - 4.0 units per acre) W i W -Iq I L im p idiom_ Delwiche Addition , November 16, 1994 Page 2 , PROPOSAL /SUMMARY The applicant is proposing to change the configuration of two lots. The westerly portion of ' the site which is comprised of existing Lot 8 and the majority of Lot 9, is located in the City of Victoria. The easterly portion of the site is located in the City of Chanhassen. Lot 8 is a ' landlocked vacant parcel. Lot 9 contains a single family home and a stable (both structures are located in the City of Victoria). The proposed configuration of the new lots would divide the parcels along the municipal line creating a new lot in Chanhassen while the remaining ' property would form a new lot in the City of Victoria. The total site area is 7.84 acres. The property is zoned RSF, Residential Single Family. Lot 1 is located entirely within the City of Victoria, consequently, Chanhassen has no jurisdiction over it. Staff contacted Victoria's ' Planning Department and was informed that the same application has been submitted to them. A sketch plan was reviewed by Victoria's Planning Commission. The concept was approved as submitted on November 7, 1994. Plat approvals must be obtained from both Chanhassen , and Victoria. The average lot size is 3.92 acres with a resulting net density of 0.25 units per acre. The site ' is located West of Hwy. 7, east of Hennepin County Regional Railroad and south of Pipewood Curve. Access to the site will be provided via Pipewood Curve. Lot 1, which contains the existing home and stable and is proposed to be located entirely within Victoria, , would have no frontage on Pipewood Curve. A cross access easement over Lot 2, in favor of Lot 1, will be required as a condition of approval of this plat. Proposed Lot 2 meets the minimum area, width, and depth requirements of the Zoning ' Ordinance. The site has a dense concentration of mature trees. Staff believes the proposed grading plans ' will have the least impact on the trees. The proposed house pad location appears to be the most reasonable one on the site. A preservation easement over the wooded areas along the ' west and south portions of the property will be required. This easement will prevent any construction from taking place and subsequently preserving the trees. In summary, staff believes that the proposed subdivision is well designed. We are recommending that it be approved with conditions outlined in the staff report. ' PRELIMINARY PLAT The applicant is proposing to change the configuration of a 7.84 acre parcel into two lots. ' The westerly portion of the site which is comprised of existing Lot 8 and the majority of Lot 9, is located in the City of Victoria. The easterly portion of the site is located in the City of ' Chanhassen. Lot 8 is a landlocked vacant parcel. Lot 9 contains a single family home and a stable (both structures are located in the City of Victoria). The proposed configuration of the L C J Delwiche Addition November 16, 1994 Page 3 new lots would divide the parcels along the municipal line creating a new lot in Chanhassen while the remaining property would form a new lot in the City of Victoria. The property is zoned RSF, Residential Single Family. Lot 1 is located entirely within the City of Victoria, consequently, Chanhassen has no jurisdiction over it. The average lot size is 3.92 acres with a resulting net density of 0.25 units per acre. The site is located west of Hwy. 7, east of Hennepin County Regional Railroad and south of Pipewood Curve. Access to the site will be provided via Pipewood Curve. Lot 1, which contains the existing home and stable, and is proposed to be located within Victoria, would have no frontage on Pipewood Curve. A cross access easement over Lot 2, in favor of Lot 1, will be required as a condition of approval of this plat. Proposed Lot 2 meets the minimum area, width, and depth requirements of the Zoning Ordinance. Staff notes that the proposal is consistent with the Comprehensive Plan and is consistent with the Zoning Ordinance. GRADING & DRAINAGE The site is fairly wooded with a variety of trees. The only grading proposed is for the house pad which is very minor. A small drainage ditch meanders through the parcel. Staff recommends the applicant dedicate a 20 -foot wide drainage and utility easement over the ditch to preserve the neighborhood drainage pattern. Erosion control fence will be required at the time the grading occurs. UTILITIES Municipal sewer and water service has been stubbed to the property line from Pipewood Curve. According to the City Treasurer's office, this parcel was only assessed for one unit previously. Therefore, the new lot should be charged a typical hook up and connection charge at time of building permit issuance. The 1994 hook up charge is $2,425.00 and the connection charge is $6,568.42. Both of these fees may be assessed against the parcel. Since there are no public improvements proposed, a development contract will not be required. STREETS Access to the lot is from Pipewood Curve which is constructed to city standards. No additional improvements to the street will be required. WETLANDS There do not appear to be wetlands associated with the buildable area and, therefore, the City and State wetland regulations do not apply. Staff encourages natural landscaping and Delwiche Addition , November 16, 1994 Page 4 ' filtration to protect runoff into the ditch since the runoff from the ditch discharges into a nearby wetland. ' PARK DEDICATION The Park and Recreation Director recommends full ark and trail fees be collected r city ' P pe ty ordinance in lieu of land acquisition and/or trail construction. COMPLIANCE WITH ORDINANCE - RSF DISTRICT ' Lot Lot Lot Home ' Area Width Depth Setback Ordinance 15,000 90' 125' 30' front/rear ' 10' sides BLOCK 1 , Lot 2 62,500 340, 390' 30'/10' 10' It should also be noted that Lot 2 is considered a corner lot and will have a 30 foot setback I from Pipewood Curve and Hwy. 7. The remaining sides will have 10 foot setbacks. TREE PRESERVATION/LANDSCAPING I The site is covered with a combination of mature trees and a young forest. Approximately 6,400 square feet of the site will be impacted by grading to prepare the site for development. , The remainder of the parcel will remain intact. Staff believes the proposed grading plans will have the least impact on the trees. The proposed house pad location appears to be the most reasonable one on the site. A preservation easement over the wooded areas along the west and , south portions of the property will be required. This easement will prevent any construction from taking place and subsequently preserving - the trees. The baseline canopy coverage is approximately 90 percent of the site. City Code requires a , post - development canopy coverage of 55 percent. The applicant will far exceed this requirement since the proposed grading activity will only impact 10.2 percent of the site. The resulting canopy coverage is estimated at 79 percent. FINDINGS ' 1. The proposed subdivision is consistent with the zoning ordinance; Findin : The subdivision meets all the requirements of the RSF, Residential Single Family District. I L ' Delwiche Addition November 16, 1994 Page 5 ' 2. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; F1 Finding: The proposed subdivision is consistent with all applicable plans. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report. The site will require some alteration within the northwest side to prepare it for development. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause environmental damage subject to conditions of approval. Only minimal tree removal shall be required. 6. The proposed subdivision will not conflict with easements of record. Finding The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off -site public improvements or support systems. Finding The proposed subdivision is provided with adequate urban infrastructure. Delwiche Addition November 16, 1994 Page 6 PLANNING COMMISSION UPDATE The Planning Commission reviewed this item at their November 16, 1994 meeting. The plat was approved unanimously with conditions outlined in the staff report. RECOMMENDATION Staff recommends the City Council adopt the following motion: PRELIMINARY AND FINAL PLAT "The City Council approves the preliminary and final plat for Subdivision #94 -17 for Delwiche Addition for 2 single family lots as shown on the plans dated November 2, 1994, subject to the following conditions: 1. All areas disturbed during site grading shall be immediately restored with seed and disc - mulched or wood fiber blanket within two weeks of completing site grading unless the city's Best Management Practice Handbook planting dates dictate otherwise. 2. The vegetated areas which will not be affected by the development and will be protected by a conservation easement. The conservation easement shall permit pruning, removal of dead or diseased vegetation and underbrush. All healthy trees over 6" caliper at 4' height shall not be permitted to be removed. Staff shall provide a plan which shows the location of the conservation easement and the applicant shall provide the legal description. 3. Full park and trail fees shall be collected per city ordinance in lieu of land acquisition and /or trail construction. 4. A cross access easement agreement shall be prepared by the applicant to maintain access to Lots 1 via the existing private driveway. 5. The applicant shall dedicate to the City on the final plat a 20 -foot wide drainage and utility easement over the existing drainage ditch. 6. Lot 2, Block 1 will be responsible for a hook up and connection change of $8993.42 (1994 figure) for connecting to municipal utilities. This fee will be payable at time of ' building permit issuance. The fees may also be assessed. 7. The applicant shall escrow with the City $300.00 to cover the city attorney's time for , review and recording of the final plat. Delwiche Addition November 16, 1994 Page 7 8. Approval of the plat from the City of Victoria." ATTACHMENTS 1. Planning Commission minutes dated November 16, 1994. 2. Preliminary plat dated November 2, 1994. J STAFF PRESENT: Kate Aanenson, Planning Director; Dave Hempel, Asst. City Engineer; ' John Rask, Planner I; Bob Generous, Planner II; and Todd Hoffman, Park and Rec Director PUBLIC HEARING: ' PRELIMINARY PLAT TO SUBDIVIDE 8 ACRES INTO 2 SINGLE FAMILY LOTS ZONED RSF, RESIDENTIAL SINGLE FAMILY AND LOCATED WEST OF HIGHWAY , 7. EAST OF HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY AND SOUTH OF PIPEWOOD CURVE, 4131 PIPEWOOD CURVE. LYLE DELWICHE. DELWICHE ADDMON. , Kate Aanenson presented the staff report on this item. ' Scott: Any questions for staff or comments? Ledvina: Mr. Chairman? Kate, you said that they had conceptually given approval? ' Aanenson: They do their subdivisions a little bit differently and on conceptual... , Ledvina: They have a conceptual and then preliminary? Aanenson: Yeah. ' Ledvina: Okay. So it has started the formal process through Victoria? Aanenson: Right. So it has to be given the final City Council approval... That would include the cross over easement and accommodation of those two lots ... They wouldn't want to make a , lot and ... Victoria would landlock that Lot number 8. Scott: Good, anything else? Would the applicant like to make a brief presentation? I Lyle Delwiche: We're really here to answer any questions you might have. 1 I , CHANHASSEN PLANNING COMMISSION REGULAR MEETING NOVEMBER 16, 1994 , Chairman Scott called the meeting to order at 7:35 p.m. ' MEMBERS PRESENT: Diane Harberts, Ladd Conrad, Matt Ledvina, Joe Scott and Jeff Farmakes ' MEMBERS ABSENT: Nancy Mancino and Ron Nutting STAFF PRESENT: Kate Aanenson, Planning Director; Dave Hempel, Asst. City Engineer; ' John Rask, Planner I; Bob Generous, Planner II; and Todd Hoffman, Park and Rec Director PUBLIC HEARING: ' PRELIMINARY PLAT TO SUBDIVIDE 8 ACRES INTO 2 SINGLE FAMILY LOTS ZONED RSF, RESIDENTIAL SINGLE FAMILY AND LOCATED WEST OF HIGHWAY , 7. EAST OF HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY AND SOUTH OF PIPEWOOD CURVE, 4131 PIPEWOOD CURVE. LYLE DELWICHE. DELWICHE ADDMON. , Kate Aanenson presented the staff report on this item. ' Scott: Any questions for staff or comments? Ledvina: Mr. Chairman? Kate, you said that they had conceptually given approval? ' Aanenson: They do their subdivisions a little bit differently and on conceptual... , Ledvina: They have a conceptual and then preliminary? Aanenson: Yeah. ' Ledvina: Okay. So it has started the formal process through Victoria? Aanenson: Right. So it has to be given the final City Council approval... That would include the cross over easement and accommodation of those two lots ... They wouldn't want to make a , lot and ... Victoria would landlock that Lot number 8. Scott: Good, anything else? Would the applicant like to make a brief presentation? I Lyle Delwiche: We're really here to answer any questions you might have. 1 I Planning Commission Meeting - November 16, 1994 Scott: Okay. Any questions of the applicant from commissioners? This is a public hearing. May I just briefly see a show of hands for people who'd like to speak at this public hearing. Let the record show that no one is here to speak on the public hearing. Therefore I would like to get a motion to waive the public hearing please. Harberts: Moved. Scott: Second? Could I have a second to that motion? Ledvina: I'll second that. Scott: Okay. It's been moved and seconded that we waive the public hearing. All those in favor signify by saying aye? Ledvina: Discussion? It's going to remain a public hearing, was that okay? Aanenson: You opened the public hearing. You just closed it. Scott: Let's open it. Can I have a motion to open the public hearing please? Ledvina: We probably should withdraw that. Harberts: I'll withdraw. Scott: Okay, thank you. Can I have a motion to open the public hearing? Conrad moved, Ledvina seconded to open the public hearing. All voted in favor and the motion carried. The public hearing was opened. Scott: There's no one here for the public hearing. .May I have a motion to close the public hearing please? Ledvina moved, Harberts seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. Scott: Comments? Diane? Harberts: I'm okay with it. Scott: Besides from the fact that I need a book of Robert's Rules of Order. 2 Planning Commission Meeting - November 16, 1994 Harberts: I don't have any comments. Conrad: Nothing. Ledvina: No comments. Farmakes: No comments. Scott: Okay, can I have a motion please. Ledvina: I would move that the Planning Commission recommend approval of the Preliminary Plat for Subdivision #94 -17 for the Delwiche Addition for 2 single family lots as shown on the plans dated November 2, 1994, subject to the conditions in the staff report. Scott: Is there a second? Conrad: Second. Scott: Any discussion? Ledvina moved, Conrad seconded that the Planning Commission recommend approval of the Preliminary Plat for Subdivision #94 -17 for the Delwiche Addition for 2 single family lots as shown on the plans dated November 2, 1994, subject to the following conditions: 1. All areas disturbed during site grading shall be immediately restored with seed and disc - mulched or wood fiber blanket within two weeks of completing site grading unless the city's Best Management Practice Handbook planting dates dictate otherwise. 2. The vegetated areas which will not be affected by the development and will be protected by a conservation easement. The conservation easement shall permit pruning, removal of dead or diseased vegetation and underbrush. All healthy trees over 6" caliper at 4' height shall not be permitted to be removed. Staff shall provide a plan which shows the location of the conservation easement and the applicant shall provide the legal description. 3. Full park and trail fees shall be collected per city ordinance in lieu of land acquisition and/or trail construction. 4. A cross access easement agreement shall be prepared by the applicant to maintain access to Lots I via the existing private driveway. 3 I C 7 C�� Ll Planning Commission Meeting - November 16, 1994 5. The applicant shall dedicate to the City on the final plat a 20 foot wide drainage and utility easement over the existing drainage ditch. 6. Lot 2, Block 1 will be responsible for a hook up and connection change of $8993.42 (1994 figure) for connecting to municipal utilities. This fee will be payable at time of building permit issuance. The fees may also be assessed. 7. The applicant shall escrow with the city $300.00 to cover the city attorney's time for review and recording of the final plat. 8. Approval of the plat from the City of Victoria. All voted in favor and the motion carried. PUBLIC HEARING: AMENDMENT TO CM CODE, ARTICLE XXVI. REGARDING THE SIGN ORDINANCE. Public Present: Name Address Randy Herman Vernelle Clayton ' Leonard Thiel Roland Danielson 2792 Piper Ridge Lane 422 Santa Fe Circle 5643 Green Circle Drive 6209 Lockmoor Drive John Rask presented the staff report on this item. Scott: Questions or comments. Harberts: I have a question. Who's your contact at Eden Prairie? Rask: Gotchya. Harberts: That dog. I take exception to the information he provided you. He's incorrect with that. Rask: Okay. He is. 4