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Bluff Creek WoodsCITY OF CllANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.221.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: June 10, 2013 SUBJ: Bluff Creek Woods CC�� Planning Case 2013 -09 PROPOSED MOTION "The Chanhassen City Council approves the rezoning, preliminary plat with variances and the conditional use permit subject to the conditions of the staff report and adoption of the Findings of Fact." City Council approval requires a majority vote. EXECUTIVE SUMMARY The applicant is requesting to Rezone the property from Agricultural Estate District (A- 2) to Single - Family Residential District (RSF); Subdivision with Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on May 21, 2013. The Commission voted 7 — 0 to recommend approval of the development proposal. As part of the Planning Commission discussion, the drainage of the storm water at the new driveway to Lot 3 must be addressed. Planning Commission minutes from May 21, 2013 are item 1 a of the June 10, 2013 City Council packet. RECOMMENDATION Staff recommends approval of the development subject to the conditions of the staff report and adoption of the Findings of Fact. ATTACHMENTS Planning Commission Staff Report Dated May 21, 2013 g: \plan\2013 planning cases\2013 -09 bluff creek woods \executive smnmary.doc Chanhassen is a Community for Life - Providing forTodayand Planning for Tomorrow PROPOSED MOTION: "The Chanhassen Planning Commission recommends that City Council approve the rezoning, preliminary plat with variances and the conditional use permit subject to the conditions of the staff report and adoption of the Findings of Fact and Recommendation. SUMMARY OF REQUEST: The developer is requesting the Rezoning of property from Agricultural Estate District (A -2) to Single - Family Residential District (RSF); Subdivision into three lots and one outlot with Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District for the development known as Bluff Creek Woods. LOCATION: 7331 Hazeltine Boulevard (PID 25- 0090400) APPLICANT: Martin Schutrop 540 Lakota Lane Chaska, MN 55318 (612) 840 -8251 schutrop&att.net PRESENT ZONING: Agricultural Estate District (A -2) 2020 LAND USE PLAN: Residential Low Density ACREAGE: 3.57 acres DENSITY: Gross: 0.84 units per acre; net: 1.09 units per acre LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City has a relatively high level of discretion in approving a rezoning because the City is acting in its legislative or policy - making capacity. A rezoning must be consistent with the City's Comprehensive Plan. The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi - judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Subdivision Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. ow Planning Commission Bluff Creek Woods — Planning Case 2013 -09 May 21, 2013 Page 2 of 12 The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi- judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL /SUMMARY The applicant is requesting to Rezone the property from Agricultural Estate District (A -2) to Single- Family Residential District (RSF); Subdivision with Variances for a neck lot and the construction of a private street; and a Conditional Use Permit to allow development within the Bluff Creek Overlay District. The property currently has one single - family residence on it. The applicant proposes to divide the property into three (3) residential lots and one outlot. The property is currently wooded with mature oaks and provides a nexus for drainage of TH 41 right - of -way and trail to the large wetland complex which is the source for Bluff Creek. APPLICABLE REGULATIONS Chapter 18, Subdivisions Chapter 18, Section 18 -22, Variances Chapter 20, Article II, Division 2, Amendments Chapter 20, Article IV, Conditional Uses Chapter 20, Article VI, Wetland Protection Chapter 20, Article XII, "RSF" Single - Family Residential District Chapter 20, Article XXXI, Bluff Creek Overlay District BACKGROUND There is an existing single - family home located on the property. The house was built in 1966. The City of Chanhassen established the Bluff Creek Overlay District by ordinance in 1998 to protect the Bluff Creek Corridor, wetlands, bluffs and significant stands of mature trees through the use of careful site design and other low- impact practices. This parcel is partially encumbered by the Bluff Creek primary zone. In 2001, the city undertook utility expansion in the BC -7 and BC -8 sewer subdistricts. This utility improvement brought sanitary sewer and water service from Galpin Boulevard to the west side of Highway 41. IL W1010 10011 The applicant is proposing the rezoning of the property from Agricultural Estate District (A -2) to Single - Family Residential District (RSF). The property is guided for Residential Low Density use. Zoning categories consistent with this designation are Single - Family Residential District (RSF), Mixed Low Density Residential District (R -4), Residential Low and Medium Density Residential District (RLM) or Planned Unit Development Residential (PUD -R). The RSF district is the primary Planning Commission Bluff Creek Woods —Planning Case 2013 -09 May 21, 2013 Page 3 of 12 zoning category used for single - family development. Of the land guided for residential low density uses, 78 percent (3,683 acres of 4,702 acres guided Residential Low Density) is zoned RSF district. The proposed rezoning of the property to RSF is consistent with the City's Comprehensive Plan. SUBDIVISION REVIEW The applicant is proposing a three -lot subdivision with access provided via a private street. Outlot A is part of the Bluff Creek primary zone and will be preserved as permanent open space. A conservation easement shall be recorded over Outlot A as well as over the southeast portion of Lot 1, the southeast and east portion of Lot 2 and the eastern portion of Lot 3, which are all part of the Bluff Creek primary zone. Lot 3 is classified as a flag or neck lot. Staff is recommending approval of the preliminary plat subject to the conditions outlined in the staff report. STREETS AND ACCESS The property is east of State Highway 41. The existing home on the subject property shares an access with the home to the north. The two additional lots proposed would also share this access to Highway 41. The driveway to Lot 3 will extend between the two existing driveways. The developer proposes to utilize a portion of the driveway on Lot 2 to provide access to Lot 1. Staff supports the shared access; however, the common portion is recommended to extend to the existing turnaround on Lot 2 in order to minimize impervious surface, save trees and to provide a better driveway grade to Lot 1. aono n e/ / OJRO Il Developer's proposal Staff's recommendation The property is east of State Highway 41. The existing home on the subject property shares an access with the home to the north. The two additional lots proposed would also share this access to Highway 41. The driveway to Lot 3 will extend between the two existing driveways. The developer proposes to utilize a portion of the driveway on Lot 2 to provide access to Lot 1. Staff supports the shared access; however, the common portion is recommended to extend to the existing turnaround on Lot 2 in order to minimize impervious surface, save trees and to provide a better driveway grade to Lot 1. The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a 7 -ton design. If the existing driveway does not meet this standard the developer must install the 7 -ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. aono n / OJRO Il Developer's proposal Staff's recommendation The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a 7 -ton design. If the existing driveway does not meet this standard the developer must install the 7 -ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. Planning Commission Bluff Creek Woods — Planning Case 2013 -09 May 21, 2013 Page 4 of 12 Private Street While each of the lots front on a public street, Highway 41, individual lot access to the highway is not permitted. A joint access is required for the three lots as well as the property to the north. The common portion of the private street must be constructed to a 20 -foot pavement width with a 7 -ton design. Private streets serving up to four lots may be permitted in residential developments with a density of less than four units per acre if the criteria in variance Section 18 -22 are met and upon consideration of the following: (1) 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. (2) 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 protected areas. Due to the location of the property adjacent to Highway 41, the proximity of the Bluff Creek Primary zone, the configuration of the property and the desire to preserve as much of the existing trees along Highway 41 as possible, the use of a private street is appropriate. Flag/Neck Lot Flag lots may be permitted in residential districts with a density of less than four units per acre, if the criteria in variance Section 18 -22 are met and upon consideration of the following: (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public /private 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. (2) After reviewing the surrounding area, it is concluded that an extension of the public or a private 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 flag lot will permit enhanced protection of the city's natural resources, including wetlands and protected areas. Due to the location of the property adjacent to Highway 41, the proximity of the Bluff Creek Primary zone, the desire to preserve the southern portion of the site as an outlot, the configuration of the property, the requirement that lot lines be substantially at right angles to the street right -of -way and the preservation of the existing house, the most northerly lot assumes a neck lot configuration. Planning Commission Bluff Creek Woods — Planning Case 2013 -09 May 21, 2013 Page 5 of 12 VARIANCE The city may grant a Variance from the regulations contained in the subdivision ordinance as part of the plat approval process following a finding that all of the following conditions exist: a. The hardship is not a mere inconvenience; b. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; c. The condition or conditions upon which the request is based are unique and not generally applicable to other property; and d. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance and the comprehensive plan. The use of a private street and creation of a neck lot are not mere inconveniences, but due to the constraints of the site, the location of the property adjacent to Highway 41, the proximity of the Bluff Creek Primary zone, the configuration of the property and the requirement that lot lines be substantially at right angles to the street right -of -way. The granting of the variance will not be detrimental to the public welfare and is in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance and the comprehensive plan. BLUFF CREEK OVERLAY DISTRICT � z i OU TLOT A In 1996, the City completed the Bluff Creek Watershed Natural Resources Management Plan (BCWNRMP). This plan recognized the unique qualities of this corridor and the opportunities it provided. The intent was to protect a natural corridor from the source to the convergence with the Minnesota River that would allow for wildlife migration, habitat protection, green space preservation, recreational opportunities, educational opportunities, protection of the bluff areas from erosion, and protection of the water quality of Bluff Creek. Site design which is sensitive to the existing natural resources is the primary method for protecting the Bluff Creek corridor. To this end the plan created the Bluff Creek Overlay District through ordinance number 286 in December of 1998 which was codified Article XXXI, Chapter 20. This plan also recognized the right of private property owners. "Property available for development within the existing ...MUSA is not taken through zoning." While the plan felt that "ideally no more people would move into the (primary zone)" it felt that this should be accomplished through tax incentives for land conservation or through the outright acquisition of the property. Planning Commission Bluff Creek Woods — Planning Case 2013 -09 May 21, 2013 Page 6 of 12 As previously mentioned, this area is heavily wooded with an admixture of tree species with the predominant overstory comprised of mature oaks. There are two drainage swales which convey surface water runoff from the north and west to the large wetland south of the property. The original overlay district included this property in its entirety. Considering the aforementioned balanced approach between corridor preservation and private property rights, a review of aerial photography and several site visits supports the realignment of the original primary and secondary zones from the 1996 BCWNRMP. In an effort to ease financial constraints on a relatively small subdivision, staff feels it is appropriate to accept land dedication in lieu of Storm Water Utility connection charges. This dedication configuration was proposed by the applicant and negotiated with staff. It includes an outlot that would provide a connection from the trail along TH41 to City owned land as well as a conservation easement measuring seventy (70) feet in width along the south and eighteen (18) feet in width along the eastern property boundary. This area will constitute the Bluff Creek Overlay District Primary Zone. Code still requires that structures are setback a minimum of forty (40) feet from the primary zone: secondary zone. The proposed building envelopes and grading plan will need to be changed to reflect this secondary zone. /3 GRADING, DRAINAGE AND EROSION The developer proposes that the lots be custom graded and has submitted a plan showing how the proposed lots can accommodate a home. The grading plan must be revised so that the grades do not exceed 3H:1 V and must include the 972' and 974' contours at the house pads on Lots 3 and 1, respectively. Currently the southern one -third acre of the property drains to the south, ultimately to a storm sewer owned and maintained by the Minnesota It has been the staffs' experience that, in the absence of some physical demarcation and educational tool, land manipulation gradually encroaches into these protected areas thereby removing the intended benefit. It is always more difficult and expensive for the land owner, as well as the City, to attempt to address these encroachments after the fact. The installation of signage at major angle points and property line intersections is a relatively non - intrusive and inexpensive way to prevent these encroachments. The applicant shall amend the plans to show the location of the signs and install the signs prior to final plat approval. . Planning Commission Bluff Creek Woods —Planning Case 2013 -09 May 21, 2013 Page 7 of 12 Department of Transportation (MnDOT). The remainder of the property currently drains to the wetland to the north. This wetland outlets to the west into the MnDOT storm sewer. The proposed drainage patterns are very similar to the existing condition. The developer must obtain a MnDOT drainage permit to ensure that the proposed discharge rates to MnDOT right -of -way will not exceed the existing condition. It appears that some modifications will be required to meet MnDOT's permitting requirements. Drainage and Water Quality In the past, runoff volume and rate control credit has been given for the preservation of natural vegetation in perpetuity. The Minimal Impact Design Standards being prepared under the direction of the MPCA by the Minnesota Stormwater Steering Committee has recognized the volume reduction and rate control benefits of woodland and prairie preservation and restoration. Other agencies such as the Carver County Watershed Management Organization and the Minnehaha Creek Watershed District have also incorporated this practice into their stormwater rules and design standards. Staff is recommending that volume and rate control credit be granted based upon the proposed dedication areas shown in the plan. Even with this credit, per our 2" a Generation Surface Water Management Plan, all development within Chanhassen is still required to meet National Urban Runoff Program recommendations for Total Suspended Solids (TSS) and Total Phosphorous (TP) reduction plus enhanced treatment or the NPDES permit requirements, whichever is stricter. The applicant has not supplied a drainage plan, a hydrologic model or a water quality model. Further, the plans do not show the installation of any water quality best management practices. The Total Maximum Daily Load (TMDL) study has been finished. Based upon this TMDL discharge from this site should be less than 25NTU. The applicant will need to meet the NPDES or NURP+ enhanced water quality standard before final plat approval can be granted. Upon reviewing the site, it appears that the northern apex of the outlot and the western limit of Lot 1 could be well suited to a bioretention/filtration feature. Currently the City has not developed design standards for low - impact development best management practices. The consulting engineer for the applicant will need to use the Minnesota Stormwater Manual for design purposes. This same area currently contains an HDPE or PVC grate with an unknown function or route. This information needs to be included on the survey, considered on the drainage plan and incorporated into any design. Further, it appears that the shared driveway impounds water to the north. Additional water volume will be directed to this area through the development of Lot 1. Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. Planning Commission Bluff Creek Woods — Planning Case 2013 -09 May 21, 2013 Page 8 of 12 Wetland Management The subject property is immediately adjacent to a large wetland complex which serves as the source for Bluff Creek. Wetland delineation consistent with the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual was not performed for the site. The approximate location of the wetland boundary was derived from remote sensing data. It appears that this location is sufficiently accurate to determine that proposed lots I — 3 are of an adequate distance from the wetland boundary to accommodate the wetland buffer and setback from the buffer. The outlet and the conservation easement will include any wetland buffer which encroaches into the subject property. It must be clearly indicated on all plan sheets that this boundary is an approximation. Surface Water Utility Charges The Surface Water Utility Charges are calculated based upon land use type and land area. Credits may be applied based upon storm water practices being implemented. The following table illustrates the Storm Water Utility Charges associated with the development of this parcel. In an effort to implement the goals of the Bluff Creek Natural Resources Management Plan and to provide a financial incentive to the developer to protect natural resources and water quality, staff is recommending that the Surface Water Utility Charge be waived in lieu of the dedication of Outlot A and the conservation easement and the installation of appropriate signage. LANDSCAPING AND TREE PRESERVATION The applicant has provided a tree inventory and removal plan for the subdivision. Bufferyard plantings are required for this development along Highway 41. Tree preservation calculations for the development are shown below. Total upland area (excluding wetlands /outlot) 121,766 SF or 2.79 acres Total canopy area (excluding wetlands /outlot) 100,766 SF or 2.3 acres Baseline canopy coverage 82% Minimum canopy coverage allowed 25% or 30,441 SF Proposed tree preservation 53% or 65,400 SF The developer meets minimum canopy coverage allowed. As per city ordinance, a minimum of one tree will be required in each front yard. The applicant is required to provide bufferyards along Highway 41. The minimum plantings required are shown in the table below. Area Rate Total Water Quality 3.57 ac $2,830/ac $10,103.10 Water Quantity 3.57 ac $4,050 /ac $14,458.50 $24,561.60 In an effort to implement the goals of the Bluff Creek Natural Resources Management Plan and to provide a financial incentive to the developer to protect natural resources and water quality, staff is recommending that the Surface Water Utility Charge be waived in lieu of the dedication of Outlot A and the conservation easement and the installation of appropriate signage. LANDSCAPING AND TREE PRESERVATION The applicant has provided a tree inventory and removal plan for the subdivision. Bufferyard plantings are required for this development along Highway 41. Tree preservation calculations for the development are shown below. Total upland area (excluding wetlands /outlot) 121,766 SF or 2.79 acres Total canopy area (excluding wetlands /outlot) 100,766 SF or 2.3 acres Baseline canopy coverage 82% Minimum canopy coverage allowed 25% or 30,441 SF Proposed tree preservation 53% or 65,400 SF The developer meets minimum canopy coverage allowed. As per city ordinance, a minimum of one tree will be required in each front yard. The applicant is required to provide bufferyards along Highway 41. The minimum plantings required are shown in the table below. Planning Commission Bluff Creek Woods — Planning Case 2013 -09 May 21, 2013 Page 9 of 12 MISCELLANEOUS Since multiple homes are sharing a common driveway entrance, Fire Department policy # FP 29- 1991 must be followed. At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. Also, at the start of the individual driveways to each home, an additional address sign shall also be installed. The proposed signage must be submitted to the Fire Marshal for approval. The extra address numbers are required to insure that in the event of an emergency, responding police and fire vehicles can quickly locate the correct address. UTILITIES Eight -inch public sanitary sewer and 12 -inch public watermain lie east of State Highway 41 within the right -of -way. The developer proposes to install sewer and water services to Lots 1 and 3. A permit is required from MnDOT to install these services. The City must be notified a minimum of 72 hours before the services are to be installed. The service connections must be inspected and approved by the City. The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. Lots 1 and 3 will be subject to the City sewer and water hook -up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. PARKS AND RECREATION Parks This property is located adjacent to the Bluff Creek Preserve, a natural creek corridor that traverses the city for six miles from northwest to southeast. The park preserve features large expanses of natural open spaces including floodplain, wetlands and woods. The portion of the preserve directly adjacent to the proposed Bluff Creek Woods development is 60 acres in size. Trails The subject site has direct access to the Highway 41 trail that connects to both the Bluff Creek Preserve Trail and the Minnewashta Regional Park Trail within one -half mile of the subdivision. Required Proposed West property line - Hwy 2 overstory trees Existing trees and 41; bufferyard B, 280' 5 understory trees vegetation 5 shrubs MISCELLANEOUS Since multiple homes are sharing a common driveway entrance, Fire Department policy # FP 29- 1991 must be followed. At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. Also, at the start of the individual driveways to each home, an additional address sign shall also be installed. The proposed signage must be submitted to the Fire Marshal for approval. The extra address numbers are required to insure that in the event of an emergency, responding police and fire vehicles can quickly locate the correct address. UTILITIES Eight -inch public sanitary sewer and 12 -inch public watermain lie east of State Highway 41 within the right -of -way. The developer proposes to install sewer and water services to Lots 1 and 3. A permit is required from MnDOT to install these services. The City must be notified a minimum of 72 hours before the services are to be installed. The service connections must be inspected and approved by the City. The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. Lots 1 and 3 will be subject to the City sewer and water hook -up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. PARKS AND RECREATION Parks This property is located adjacent to the Bluff Creek Preserve, a natural creek corridor that traverses the city for six miles from northwest to southeast. The park preserve features large expanses of natural open spaces including floodplain, wetlands and woods. The portion of the preserve directly adjacent to the proposed Bluff Creek Woods development is 60 acres in size. Trails The subject site has direct access to the Highway 41 trail that connects to both the Bluff Creek Preserve Trail and the Minnewashta Regional Park Trail within one -half mile of the subdivision. i + x i,H, Planning Commission Bluff Creek Woods — Planning Case 2013 -09 May 21, 2013 Page 10 of 12 In lieu of parkland dedication, the City will require the payment of park fees for the two new homes in effect at the time of final plat approval. For 2013, the park fees are $5,800 per single - family home. COMPLIANCE TABLE Setbacks: Front 30 feet, Side 10 feet, Rear 30 feet, Bluff Creek Primary Zone 40 feet. The setback for neck lots begins at the point the lot measures 100 feet in width. It should be noted that the preliminary site plan locating the house on Lots 1 and 3 will require that the homes be shifted to comply with the Bluff Creek primary zone setback. Staff recommends that the Planning Commission approve the development subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. 2. Park fees shall be collected in full for the two new homes at the rate in force upon final plat submission and approval. 3. Any use of or work within or affecting MnDOT right -of -way requires a permit. Permit forms are available from MnDOT's utility website at httn: / /www.dot.state.mn.us /utility /. Lot Area Excluded Lot Lot (sq. ft.) Lot Area Width Depth Notes (s q- ft. Code Area in private street 15,000 easement, 100 125 neck lot area less than 100 ft. width Lot 1 43,418 0 120 361 Bluff Creek primary zone to east and south Lot 2 44,505 300 120 386 Bluff Creek primary zone east property line Lot 3 33,843 5,050 100 283 Neck lot, Bluff Creek primary zone east lot line Outlot A 33,980 Bluff Creek Primary Zone Total 155,746 1 5,350 1 1 3.57 acres Setbacks: Front 30 feet, Side 10 feet, Rear 30 feet, Bluff Creek Primary Zone 40 feet. The setback for neck lots begins at the point the lot measures 100 feet in width. It should be noted that the preliminary site plan locating the house on Lots 1 and 3 will require that the homes be shifted to comply with the Bluff Creek primary zone setback. Staff recommends that the Planning Commission approve the development subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: At the entrance off Hazeltine Boulevard, a monument sign displaying all four address numbers shall be installed. In addition, at the start of the individual driveways to each home, an address sign shall also be installed. Submit proposed signage to Fire Marshal for approval. 2. Park fees shall be collected in full for the two new homes at the rate in force upon final plat submission and approval. 3. Any use of or work within or affecting MnDOT right -of -way requires a permit. Permit forms are available from MnDOT's utility website at httn: / /www.dot.state.mn.us /utility /. Planning Commission Bluff Creek Woods — Planning Case 2013 -09 May 21, 2013 Page 11 of 12 4. Outlot A and the conservation easement shall be coincidental with the primary zone for the Bluff Creek Overlay District and shall be recorded with the final plat. The primary zone shall extend to a point 18 feet from the northeast corner of Lot 3. 5. A structure setback of 40 feet is required from the primary zone. No disturbance shall occur within the first 20 feet of the setback. The proposed grading plans shall be amended to show how the lots may be developed. 6. The Bluff Creek Overlay District primary zone and the corresponding setback shall be shown on all plan sheets. 7. Signs clearly demarcating the Bluff Creek Overlay District primary zone shall be installed at all major angle points and at the intersection of lot lines with the primary zone boundary. Site plans shall be amended to show the placement of the signs. 8. In keeping with the purpose of the Bluff Creek Overlay District to protect natural resources, the proposed driveway for Lot 1 shall share a common drive with Lot 2 until the existing hammerhead. 9. The applicant shall provide drainage calculations for pre - development and post - development conditions. 10. Preservation of natural vegetation shall be allowed as a volume and rate control tool. Water quality best management practices are still required. This shall meet the requirements of the NPDES permit for drainage to an impaired water or NURP plus enhanced treatment, whichever is stricter. 11. SWMP charges shall be waived in lieu of in- perpetuity protection of land through a combination of conservation easement and the dedication of Outlot A to the City. 12. Water that now heads west and then south along the trail and away from this area will be directed northwest into the depression north of the shared entrance. An adequate outlet must be provided for this area and the existing drainage patterns must be maintained. 13. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 14. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. 15. The developer must revise the Existing Conditions plan to show the power pole, utility box, propane tank and shed. 16. Ground shot elevations must be shown on the Existing Conditions plan to verify that a topographic survey was completed. 17. The developer shall work with staff to realign the access to Lot 1. Planning Commission Bluff Creek Woods — Planning Case 2013 -09 May 21, 2013 Page 12 of 12 18. The developer must provide proof that the common portion of the driveway to Lots 1 and 2 meets a 7 -ton design. 19. If the existing driveway does not meet the 7 -ton design standard, the developer must install the 7 -ton driveway and submit an escrow with the final plat to ensure that the driveway meets this specification. 20. The driveway easement shall be recorded as a separate document; all references to the driveway easement shall be removed from the preliminary plat. 21. The grading plan must be revised so that the grades do not exceed 3H:1 V. 22. A permit is required from MnDOT to install the sewer and water services as well as grading in the right -of -way. 23. The City must be notified a minimum of 72 hours before the sewer and water services are to be installed. 24. The sewer and water service connections must be inspected and approved by the City. 25. The developer must submit an escrow for the necessary boulevard restoration associated with the service installation. 26. Lots 1 and 3 will be subject to the City sewer and water hook -up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Reduced Copy Existing Conditions Plan. 4. Reduced Copy Preliminary Plat. 5. Reduced Copy Preliminary Site and Utility Plan. 6. Reduced Copy Preliminary Grading Plan. 7. Reduced Copy Preliminary Tree Inventory. 8. Copy of Fire Dept. policy # FP 29 -1991. 9. Letter from Chuck Mayers (Center Point Energy) to Robert Generous dated 4/23/13. 10. Letter from Michael J. Corbett (MnDOT) to Robert Generous dated 5/9/13. 11. Public Hearing Notice and Mailing List. g: \plan\2013 planning cases\2013 -09 bluff creek woods \staff report bluff creek woods.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Marty Schutrop for Rezoning, Subdivision approval with Variance and Conditional Use Permit. On May 21, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Marty Schutrop for preliminary plat approval to create three lots and one outlot with a variance for the use of a private street and a conditional use permit for development within the Bluff Creek Overlay District. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT The property is currently zoned Agricultural Estate District (A -2). 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is: That part of the NE '/ of the SW '/ of Section 9, Township 116, Range 23 described as follows: Beginning at the center of section 9 thence west along the north line of said SW '/4 228.05 feet then deflecting left 49 degrees 15 minutes a distance of 514.8 feet along the easterly right -of -way line of Highway 41 then deflecting left 130 degrees 45 minutes on line parallel to north line of said SW '/ 571 feet to point on east line of the SW '/ 390 feet south of center of said section, then north on east line of SW '/ 390 feet to the point of beginning. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. b. The proposed use is or will be compatible with the present and future land uses of the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. d. The proposed use will not tend to or actually depreciate the area in which it is proposed. e. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f. Traffic generation by the proposed use is within capabilities of streets serving the property. 5. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city s comprehensive plan; c. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the subdivision ordinance; e. The proposed subdivision will not cause significant environmental damage; f. The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate storm water drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off -site public improvements or support systems. 6. The city may grant a Variance from the regulations contained in the subdivision ordinance as part of the plat approval process following a finding that all of the following conditions exist: a. The hardship is not a mere inconvenience, but is due to the property being accessed from Highway 41; b. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land with the Bluff Creek headwaters located to the south and east of the site and the need to preserve existing site vegetation to screen the site from the highway; c. The condition or conditions upon which the request is based are unique and not generally applicable to other property since it is located adjacent to Highway 41 and surrounded by the Bluff Creek primary zone; d. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance and the comprehensive plan. Conditional Use Permit: a. The proposed development will not be detrimental to or degrade the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. b. The proposed development will be consistent with the objectives of the city's comprehensive plan and this chapter. c. The proposed development will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. d. The proposed development will not be hazardous or disturbing to existing or planned neighboring uses. e. The proposed development will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. f. The proposed development will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. g. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. h. The proposed development will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. i. The proposed development will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. j. The proposed development will be aesthetically compatible with the area. k. The proposed development will not depreciate surrounding property values. 1. The proposed development will meet standards prescribed for certain uses as provided in the Conditional Use article. 8. The planning report #2013 -09 dated May 21, 2013, prepared by Robert Generous et al is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Rezoning, Preliminary Plat with Variances and the Conditional Use Permit. ADOPTED by the Chanhassen Planning Commission this 21" day of May, 2013. CHANHASSEN PLANNING COMMISSION BIM Its Chairman 81u44 (orse K Wcocl-S PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION u Name and Address: u Planning Case No. ;�oi3-091 CITY OF CHANHASSEN RECEIVED APR 12 202 CIW4ASSEN PLANNING DEPT Phone: b Z~ d'Fax: c1SZLF -3o o ,oiy Phone: Fax: Email: _S c il +. a p@ �F t 1� e i— Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment conditional Use Permit (CUP) 3� a Interim Use Permit (IUP) Non - conforming Use Permit Planned Unit Development* L✓ Rezoning S OCD Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision* 36 C> An additional fee of $3.00 per address within the public prior to the public hearing. Temporary Sales Permit Vacation of Right -of -Way /Easements (VAC) (Additional recording fees may apply) _ Variance (VAR) c�J Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — 200 (City to install and remove) X row for Filing Fees/ orney Cost ** $5 UP /SPR/VACtM(AP /Metes & Bounds - $450 Minor SUB TOTAL FEE $ � notification area will be invoiced to the aoolicant *Five (5) full -size folded copies of the plans must be submitted, including an 8 %" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ( *.tif) format. * *Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: LOCATION: 7A7r . General Property infformation - LEGAL eIN ID: � OesRipOon: P/o NE1 /4 SW1/4 MC AM EEG AT CENTER SECT O TM w Orr N IZW 5W1/4 228.Or TN oEFL 1 EFT 49.514 8' tty ID: TfOIt ALOM ELY WO-W OF RWY 41 TN DEPL LEFT 130. ON LINE PARALLEL Tp N I.SNE yryyl /4 571' TO PT O11 E L4.8 350 - TOTAL ACREAGE: 1 .31 WETLANDS PRESENT: YES PRESENT ZONING: -i�� /^ REQUESTED ZONING: _ ��-?� t� PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: o tN 1 NO L�,�j . I Rcs aw L v r>-i- --� L-z�;-f FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applicant nt 1 5! i 3 Date Signature of Fee Owner Dart SCANNED g:\ plan\ forms \devetopmen[ review application.doc ,— �■ / \r ! � �, ) � §� � ! ) ±)) \ i, ]o2: ;Q !!�l;. r 0 ! O ; /GE y « « s ® « y : , |{{(i � � |: |. 7j � m Q O O � � W W cr U U- LL Z) � m | | 22 � > : § ©----- - - - -zz »� ' \ � ~« �S +y «x | ° 9 ` E »§)}� (( ! , o, >6 [! 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PO BOX 147 CHANHASSEN, MN 55317 (952) 227 -1150 FAX: (952) 227-1190 CHANHASSEN FIRE DEPARTMENT POLICY PREMISES IDENTIFICATION Numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. Size and location of numbers shall be approved by one of the following — Fire Marshal, Fire Inspector, Building Official, Building Inspector. Requirements are for new construction and existing buildings where no address numbers are posted. Other Requirements - General 1. Numbers shall be a contrasting color from the background. 2. Numbers shall not be in script. 3. If a structure is not visible from the street, additional numbers are required at the driveway entrance. Size and location must be approved. 4. Numbers on mail box at driveway entrance may be a minimum of 4 ". However, requirement 93 must still be met. 5. Administrative authority may require additional numbers if deemed necessary. Residential Requirements (2 or less dwelling unit) 1. Minimum height shall be 4 inches. 2. Building permits will not be finaled unless numbers are posted and approved by the Building Department. Premises Identification FP 29 -1991 Page I of 2 Commercial Requirements 1. Minimum height shall be 12 ". 2. Multi- Tenant Buildings a. Building address range, minimum height of 12 inches. b. Address numbers required on all tenant doors. Minimum height of 6 inches. 3. If address numbers are located on a directory entry sign, additional numbers will be required on the building's main entrance. 4. Signage on overhead/ delivery doors will also be required. Revisions 6/10/02 3/22/05 5/2/08 2/15/10 Premises Identification FP 29 -1991 Page 2 of 2 CenterPoint, Energy April 23, 2013 Robert Generous Senior Planner 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 700 West Linden Avenue PO Box 1165 Minneapolis, MN 55440 -1165 RE: Proposed Rezone, Subdivision with Variances and Conditional Use Permit- Dear Mr. Generous: With reference to your request, CenterPoint Energy has no natural gas mains within the area requested but do have a main and Transmission line in the road Right of Way and with that said CNP has no objection to this proposal. If you have any questions, please contact me at 612- 321 -5381. Respectfully, JCENTERPQINT ENERGY 1.x-4 C_',� � Qr�•eii Chuck Mayers Right -of -Way Specialist Engineering Services 612- 321 -5381 Minnesota Department of Transportation Metropolitan District Waters Edge Building 1500 County Road B2 West Roseville, MN 55113 May 9, 2013 Robert Generous, AICP Senior Planner 7700 Market Blvd City of Chanhassen Chanhassen, MN 55317 SUBJECT: Bluff Creek MnDOT Review # 513 -032 SE side of TH 41 across from Tanadoona Drive Chanhassen, Carver County Control Section 1008 Dear Mr. Generous, Thank you for the opportunity to review the above referenced site plan. MnDOT has reviewed the site plan and has the following comments: Traffic: MnDOT's Access Management Manual classifies TH 41 as a Minor Arterial in an urban /urbanizing area. Therefore, connections to TH 41 should come from public streets. Providing access to the new lots from the existing driveway is a good solution due to the lack of a local supporting road network. A large portion of Outlot A is outside of the wetland and appears to be developable. If it is indeed developable, the plans should accommodate access to Outlot A from the existing driveway. Please direct any questions regarding traffic to David Sheen (david.sheen@state.mn.us or 651.234.7824) of MnDOT's Metro District South Area Traffic Section. Design: The sight distance is adequate looking north and south from the current driveway. Please submit construction plans for review. Please direct questions regarding this comment to Nancy Jacobson (651- 234 -7647 or nancy.l.iacobsonna state.mn.us) of MnDOT's Metro Design Section. Water Resources: A MnDOT drainage permit will be required. Drainage patterns and existing drainage rates to MnDOT right -of -way must be perpetuated for the project. The following information must be submitted for a drainage permit review: 1) A grading plan showing existing and proposed contours, along with drainage flow areas, 2) Drainage area maps for the proposed project showing existing and proposed drainage areas. Any off -site areas that drain to the project area should also be included in the drainage area maps. The direction of flow for each drainage area must be indicated by arrows, 3) Drainage computations for pre and post construction conditions during the 2, 10, 50 and 100 year rain events, 4) An electronic copy of any computer modeling used for the drainage computations, 5) Relevant construction plan sheets. Please direct any questions regarding water resources to Hailu Shekur (651- 234 -7521 or hailu.shekurna,state.mn.us of MnDOT Metro District's Water Resources Section. Permits: As previously stated, a drainage permit is required. Additionally, any use of or work within or affecting MnDOT Right -of -way and /or utilities requires a permit. A short form permit is required for the utilities that are connected within MnDOT Right -of -way. Permit forms are available from MnDOT's permit website at http: / /www.dot.state.mn.us /perm its /. Please include one 11 x 17 plan set and one full size plan set with each permit application. Please direct any questions regarding permit requirements to Buck Craig (651- 234 -7911 or buck.craiggstate.mn.us) of MnDOT's Metro Permits Section. Review Submittal Options: MnDOT's goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned around faster. There are four submittal options. Please submit either: 1. One (1) electronic pdf. version of the plans. MnDOT can accept the plans via e -mail at metrodevreviews.dotgstate.mn.us provided that each separate e- mail is under 20 megabytes. 2. Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite the review process. Plans can be sent to: MnDOT — Metro District Planning Section Development Reviews Coordinator 1500 West County Road B -2 Roseville, MN 55113 3. One (1) compact disc. 4. Plans can also be submitted to MnDOT's External FTP Site. Please send files to: fty:Hftp2.dot.state.mn.us/ pub /incoming /MetroWatersEdge /Planning Internet Explorer doesn't work using ftp so please use an FTP Client or your Windows Explorer (My Computer). Also, please send a note to metrodevreviews.dotgstate.mn.us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review, please feel free to contact me at (651) 234 -7793. Sincerely, Michael J. Corbett, PE Senior Planner Z� Copy sent via E -Mail: Diane Langenbach, Area Engineer Hailu Shekur, Water Resources Nancy Jacobson, Design Buck Craig, Permits Becky Parzyck, Right -of -Way David Sheen, Traffic Engineering Clare Lackey, Traffic Engineering Ann Braden, Metropolitan Council CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on May 9, 2013, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Bluff Creek Woods — Planning Case 2013 -09 to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Sub42ed and sworn to before me% this day of 0092Jl4 _ 12013. Zotary Publ c KE6en J. 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