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1b1 Clearwater DevelopmentCITY OF CHANHASSEN PC DATE: CC DATE: August 11, 2003 REVIEW DEADLINE: September 20, 2003 CASE #: 2003-8 SUB BY: A1-Jaff Z STAFF REPORT PROPOSAL: Final Plat to Replat Outlot D, Arboretum Village and Lot 1, Block 4, Vasserman Ridge (4.79 acres), into three lots. LOCATION: North of Highway 5, East of Century Boulevard and South of West 78th Street. APPLICANT: North Coast Partners % Clearwater Development Scott Schmitt 24 South Olive Street Suite 105 Waconia, MN 55387 (952) 442-8799 Property Owners Pulte Homes of MN Corp 815 Northwest Parkway Suite 140 Eagan, MN 55121 (651)452-5727 Lundgren Bros. 935 E. Wayzata Blvd. Wayzata, MN 55391 (952) 473-1231 PRESENT ZONING: PUD, neighborhood commercial 2020 LAND USE PLAN: Commercial ACREAGE: 4.79 acres DENSITY: N.A. SIJMMARY OF REQUEST: Replat of an outlot and a lot into 3 lots. Staff is recommending approval of the application. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined ir the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision.  TANADOONA DR $ · ------- WATFR F P d ~ND ST i= / \ STATE H~5 Z L. Clearwater Development August 11, 2003 Page 2 BACKGROUND On July 28, 2003, the Chanhassen City Council approved the following: Planned Unit Development amendment in the commercial portion of Arboretum Village and Vasserman Ridge to clarify parking setbacks and establish sign criteria. Conditional Use Permit #2003-2 CUP to allow the construction of a convenience store with gas pumps on Lot 2, Block 1, Arboretum Shopping Center, with conditions. Site Plan Review 2003-6 SPR for the construction of three multi-tenant buildings, one of which contains a convenience store with gas pumps and coffee shop, and a car wash as shown in plans prepared by Damberg, Scott, Gerzina, Wagner Architects dated Received May 16, 2003, subject to conditions~. · Preliminary plat to replat Outlot D, Arboretum Village and Lot 1, Block 4, Vasserman Ridge (4.79 acres), 2003-8 SUB into three lots as shown on plans dated June 4, 2003, subject to the following conditions: 1. The developer shall provide a cross access and cross parking agreement for the three parcels. Finding: This condition still applies. 2. The following park dedication charges will apply: Lot 1- $8,540; Lot 2- $11,620; and Lot 3 - $13,650, which shall be paid prior to recording of the final plat. Finding: This condition still applies. 3. The total SWMP fees of $58,824.57 are due payable to the city at time of final plat recording. Finding: This condition has been modified to read '°the total SWMP fees of $58,337.00 are due payable to the city at time of final plat recording." 4. Public utility improvements will be required to be constructed in accordance with the city's latest edition of Standard Specifications and Detail Plates. Dotailod construction plans and spo~ifications will bo roquirod at tho timo of final platting. The applicant will also be required to enter into a development contract with the city and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to, the MPCA, Department of Health, Watershed District, MnDOT, etc. Finding: This condition has been partially met. Detailed construction Plans have been submitted." The following constitute staff's review of the final plat. Clearwater Development August 11, 2003 Page 3 PROPOSAL/SUMMARY The applicant is requesting final plat approval to replat Outlot D, Arboretum Village and Lot 1, Block 4, Vasserman Ridge (4.79 acres), 2003-8 SUB into three lots. Each parcel will house a multi-tenant building. Lot 2 will also house gas pumps and a car wash. The site, with an area of 4.79 acres, is located north of Highway 5, east of Century Boulevard and south of West 78a' Street. Access to the site is via a full access curb cut off of West 78th Street and a right in/out off of Century Boulevard. The site is zoned Planned Unit Development- Neighborhood Commercial. The subdivision request is a straightforward action. Based upon the foregoing, staff is recommending approval of the subdivision, with conditions outlined in the staff report. SUBDIVISION The applicant is requesting preliminary plat approval to replat 4.79 acres into three lots. The site is zoned Planned Unit Development-Neighborhood Oriented Retail District and is located north of Highway 5, east of Century Boulevard, and north of West 78~h Street. Lot 1 is proposed to be the future site of multi-tenant Building "A" with an area of 1.26 acres. Lot 2 is proposed to house a convenience store with gas pumps, a coffee shop with a drive thru and a car wash. LOt 2 has an area of 1.57 acres. Lot 3 will house Building "C" which will be occupied by two restaurants. Lot 3 has an area of 1.95 acres. The ordinance states that, "All lots shall abut for their full required minimum frontage on a public street as required by the zoning ordinance; or be accessed by a private street; or a flag lot which shall have a minimum of thirty feet of frontage on a public street." All three lots have street frontage. Access, on the other hand, is mainly gained from West 78~h Street via a private street and a cross access agreement between the properties. Private streets are permitted in this district if the following conditions exist: o The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination the city may consider the location of existing property lines and homes, local or geographic conditions, and the existence of wetlands. . After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. 3. The use of a private street will permit enhanced protection of the city's natural resources including wetlands and forested areas. Clearwater Development August 11, 2003 Page 4 A public street is not required to serve these parcels. In fact, the majority of our commercial establishments have cross access easements, share curb cuts and access (Market Square, Chanhassen Retail, Frontier, Byefly's, Crossroads Plaza, etc.). Access to the subdivision will be provided via a full access curb cut off of West 78th Street and a right in/out only off of Century Boulevard. The subdivision request is a relatively straightforward action and staff is recommending approval with conditions. SUBDIVISION FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: -The subdivision meets the intent of the city code subject to the conditions of the staff report and the PUD. e The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with applicable plans. e 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 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 will be served by adequate urban infrastructure. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause environmental damage subject to conditions of approval. 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. e The proposed subdivision is not premature. A subdivision is premature if any of the following exists: Clearwater Development August 11, 2003 Page 5 a. Lack of adequate storm water drainage. Lack of adequate roads. Lack of adequate sanitary sewer systems. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision is provided with adequate urban infrastructure. WETLANDS No wetlands exist on site. GRADING/DRAINAGE/EROSION CONTROL The Phase I portion of the site was previously rough graded as a part of the Arboretum Village development. As such, the only area where the grades will be significantly changed is for the berming along West 78t~ Street. Rough grading for Phase II of the site is currently being completed with the Vasserman Ridge 2ad Addition project. As such, the existing contours for the Phase II portion of the site should reflect the Vasserman Ridge 2ad Addition grading. · Drainage for the Phase I portion will be routed to an existing pond on the west side of Century Boulevard. This pond has been previously sized to accommodate the runoff from the Phase I site. Likewise, most of the Phase II site will drain to an existing pond just east of the site. This pond is being increased in size to accommodate the Phase II site as a part of the Vasserman Ridge 2nd Addition project. Erosion control measures and site restoration must be completed in accordance with the City's Best Management Practice Handbook (BMPH). The applicant is proposing Type III erosion control fence for the area adjacent to the existing pond just east of the site. In addition, erosion control blankets are shown on the steep slopes of the site. UTILITIES The proposed sanitary sewer and watermains will be considered public utility lines since they will serve more than one lot. In addition, the public watermain will be looped through the site and connect with the existing water line in West 78th Street. A 30-foot wide public easement has been shown over the public sewer and watermain. · Each of the underlying parcels has been previously assessed for utilities and those assessments have been paid. Sanitary sewer and water hookup charges along with the Met Council's SAC fee will be Clearwater Development August 11, 2003 Page 6 due at the time of building permit issuance. All of these charges are based on the number of SAC units assigned by the Met Council. The current 2003 sanitary hookup charge is $1,440/unit, the water hookup charge is $1,876/unit and the SAC fee is $1,274/unit. Public utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Detailed construction plans and specifications have been submitted for review. The applicant will be required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, MnDOT, etc. STREETS & DRIVE AISLES The main drive aisle through the site will be a private street since it serves multiple lots. As such, the road must be a minimum of 26-feet wide, built to a 9-ton design, and enclosed within a 40-foot wide private easement. The developer is required to provide inspection reports to the City verifying that the private street is built to these standards. RECOMMENDATION Staff recommends the City Council adopt the following motion: "The City Council approves the final plat to replat Outlot D, Arboretum Village and Lot 1, Block 4, Vasserman Ridge (4.79 acres), 2003-8 SUB into three lots as shown on plans dated June 4, 2003, subject to the following conditions: 1. The developer shall provide a cross access and cross parking agreement for the three parcels. 2. The following park dedication charges will apply: Lot 1- $8,540; Lot 2- $11,620; and Lot 3 - $13,650, which shall be paid prior to recording of the final plat. 3. The total SWMP fees of $58,337.00 are due payable to the city at time of final plat recording. 4. Public utility improvements will be required to be constructed in accordance with the city's latest edition of Standard Specifications and Detail Plates. The applicant will also be required to enter into a development contract with the city and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies must be obtained, including but not limited to, the MPCA, Department of Health, Watershed District, MnDOT, etc. 5. The main drive aisle through the site must be installed with the first phase of development.