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MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Sharmeen A1-Jaff, Senior Planner
DATE: June 14, 2004
SUB J: Final Plat to Subdivide a 40,355 sq. ft. Lot into Three (3) Single-
Family Lots with Variances, Burlwood 2nd Addition
03-12 SUB/Planning Case 04-02
EXECUTIVE SUMMARY
The preliminary plat and lot area variances were reviewed and approved by the
City Council on January 26, 2004.
ACTION REQUIRED
City Council approval requires a majority of City Council present.
PLANNING COMMISSION SUMMARY
The Planning Commission held a public hearing on March 16, 2004, to review the
proposed development. The Planning Commission voted 5 to 0 to approve the
proposed development.
RECOMMENDATION
Staff recommends adoption of the motion approving the final plat as specified in
the staff report dated June 14, 2004.
ATTACHMENTS
Staff Report Dated June 14, 2004.
g:\plan\sa\burlwood 2nd\executive summary.doc
CITY OF CHANHASSEN
PC DATE:
CC DATE: June 14, 2004
REVIEW DEADLINE: July 16, 2004
CASE #: 03-12 SUB/Planning Case 04-02
BY: A1-Jaff
STAFF REPORT
PROPOSAL:
LOCATION:
APPLICANT:
Final Plat to Subdivide a 40,355 sq. ft. Lot into Three (3) Single-Family Lots with
Variances, Burlwood 2nd Addition
Lot 1, Block 2, Burlwood Addition. Southwest of the intersection of Lake Lucy
Road and Powers Boulevard.
Richard Ragatz
Epic Development, LLC.
3441 St. Paul Avenue
Minneapolis, MN 55416
(612) 730-2814
Larry and Kathy Kerber
6420 Powers Boulevard
Chanhassen, MN 55317
(952) 474-4710
PRESENT ZONING:
RSF, Single Family Residential District
2020 LAND USE PLAN: Residential Low Density (Net Density 1.2 - 4.0 units per acre)
ACREAGE: 40,355 square feet DENSITY: 3.2 Units per Acre Gross/Net
SUMMARY OF REQUEST: Subdivision of 0.926 acres into 3 single-family lots and lot area
variances.
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 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 Zoning 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.
Burlwood 2"d Addition
June 14, 2004
Page 2
BACKGROUND
On January 26, 2004, the City Council approved Subdivision #03-12 for Burlwood 2nd Addition
for 3 lots with lot area variances as shown on plans dated October 17, 2003, based upon adoption
of the Findings of Facts in the staff report, and subject to the following conditions:
1. Applicant shall revise the landscape plan to show a minimum of 43 trees to be planted.
This condition still applies.
2. A minimum of two deciduous, overstory trees shall be required in the front yard of each
lot.
This condition still applies.
3. No more than one-third of the required trees may be from any one species.
This condition still applies.
4. Tree preservation fence shall be installed at the edge of the grading limits around all trees
proposed to be preserved prior to any grading.
This condition still applies.
5. All transplanted evergreens must have a warranty for two growing seasons.
This condition still applies.
6. A revised landscape plan must be submitted to the city before final approval.
This condition has been amended to read "A revised landscape plan must be
submitted to the city before recording the plat".
7. Any trees proposed for preservation that are lost due to grading and construction
activities will be replaced at a rate of 2:1 diameter inches.
This condition still applies.
8. Applicant shall plant a minimum of 16 overstory, 24 understory, and 40 shrubs along
Powers Boulevard and 4 overstory, 6 understory and 11 shrubs along Lake Lucy Road.
This condition still applies.
9. Fire Marshal conditions:
Burlwood 2nd Addition
June 14, 2004
Page 3
10.
11.
a. One fire hydrant will be required. Contact Chanhassen Fire Marshal and City
Engineer for exact location of required fire hydrant.
This condition still applies.
b. The new proposed street will be required to have a street name. Submit proposed
name to Chanhassen Building Official and Fire Marshal for review and approval.
This condition still applies.
A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps,
trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This
is to ensure that fire hydrants can be quickly located and operated by firefighters
(pursuant to Chanhassen City Ordinance #9-1).
This condition still applies.
d. No burning permits will be issued for tree/shrub disposal.
must be removed or chipped on site.
This condition still applies.
Show City Detail Plate Nos. 5300 and 5301.
This condition has been met.
On the grading plan:
a. Add a 75-foot minimum rock construction entrance.
bo
Any trees removed
This condition has been met.
Revise the grading between Lot I and Lot 2 to avoid draining stormwater toward
the Lot I house pad.
This condition has been met.
Extend the silt fence around the proposed berm along the east side of Lot I and
Lot 2.
This condition has been met.
Add a benchmark to the plan.
This condition has been met.
Burlwood 2nd Addition
June 14, 2004
Page 4
12.
13.
14.
15.
16.
17.
e. Show all existing and proposed easements.
This condition has been met.
f. Show the proposed contours for the berm along Powers Boulevard.
This condition has been met.
All disturbed areas shall be resodded or reseeded within two weeks of grading
completion.
This condition still applies.
If fill is imported or exported, the applicant will need to supply the city with a haul route
plan for approval.
This condition still applies.
The property is subject to sanitary sewer and water hookup charges. The 2003 trunk
utility hookup charges are $1,440 per unit for sanitary sewer and $1,876 per unit for
water. The 2003 SAC charge is $1,275 per unit. These fees will increase in 2004 and
will be collected prior to building permit issuance and are based on the numbers of SAC
units for the new building addition. (The 2004 trunk utility hookup charges are $1,458
per unit for sanitary sewer and $2,814 per unit for water. The 2004 SAC charge is
$1,350 per unit.)
This condition has been revised to read "The property is subject to sanitary sewer
and water hookup charges. The 2004 trunk utility hookup charges are $1,458 per
unit for sanitary sewer and $2,814 per unit for water. The 2004 SAC charge is
$1,425 per unit. These fees are based on the numbers of SAC units for the new
building addition."
Relocate the existing storm sewer on the property to within a 20-foot easement along the
shared property line between Lot 1 and Lot 2.
This condition has been met.
Show all existing and proposed easements on the preliminary plat.
This condition has been met.
Installation of the private utilities for the site will require permits and inspections through
the City's Building Department.
This condition still applies.
Burlwood 2nd Addition
June 14, 2004
Page 5
18.
19.
20.
21.
22.
23.
Permits from the appropriate regulatory agencies must be obtained, including but not
limited to the MPCA, Department of Health, Watershed District, Carver County, etc.
This condition still applies.
Prior to final platting, site drainage map and calculations will need to be submitted for
staff review. The site drainage has to be designed for a 10-year, 24-hour storm event.
This condition has been met.
Building Official conditions:
a. Final grading plans and soil reports must be submitted to the Inspections Division
before building permits will be issued.
This condition still applies.
b. Each lot must be provided with a separate sewer and water service.
This condition still applies.
c. Demolition permits must be obtained before demolishing any structures.
This condition still applies.
The applicant will be required to remove the single-family home and the detached two-
car garage prior to recording the final plat.
This condition still applies.
The applicant shall pay park fees in lieu of land dedication or trail construction on two
lots based on the fees in effect at the time of final plat approval.
This condition still applies.
Final plat approval of Burlwood 2nd Addition shall be contingent upon the recording of
Burlwood Addition."
This condition has been revised to read "Final plat recording of Burlwood 2
Addition shall be contingent upon the recording of Burlwood Addition."
PROPOSAL/SUMMARY
The applicant is requesting final plat approval to subdivide 40,355 square feet into 3 single family
lots with lot area variances. The property is zoned RSF, Single Family Residential District. The
Burlwood 2nd Addition
June 14, 2004
Page 6
site is located west of Powers Boulevard and approximately 500 feet south of Lake Lucy Road. The
site contains a single family home and a detached garage. Access to the site is proposed off of
Powers Boulevard via a residential street.
~ Lake_~[u~Road
e
All lots meet the minimum lot width and depth requirements of the zoning ordinance. The lot area
is deficient. The ordinance requires a minimum lot area of 15,000 square feet. The proposed
average lot size is 13,451 square feet. Each parcel can accommodate a 60' x 60' house pad. On
January 26, 2004, the City Council approved the lot area variance attached to this subdivision.
Staff is recommending approval of the subdivision with variances, with the conditions outlined in
the staff report.
FINAL PLAT
The applicant is proposing to subdivide a 40,355 square foot site into 3 single-family lots. The
density of the proposed subdivision is 3.2 units per acre. All three lots have an area of less than
15,000 square feet, with an average lot size of 13,451 square feet. The applicant is requesting a lot
area variance. The City Council approved the lot area variance request at the same time of the
preliminary plat review.
All proposed lots meet the minimum width and depth requirements of the Zoning Ordinance.
The lots are proposed to be served via a public street.
Burlwood 2na Addition
June 14, 2004
Page 7
A single-family home and a detached garage are located on the property. The applicant intends
to demolish the detached two-car garage and the single-family home prior to construction. The
property line between proposed Lots 1 and 2 is located under the footprint of the garage,
resulting in nonconformity. The applicant will be required to remove the garage prior to
recording the final plat. Also, a two-car garage must be provided for the existing single-family
home as required by the zoning ordinance or the single-family home should be demolished prior
to the recording of the plat as well.
Staff notes that the proposal is consistent with the Comprehensive Plan and generally consistent
with the Zoning Ordinance since the lot area variance has been approved.
WETLANDS
There are none.
GRADING~ DRAINAGE & EROSION CONTROL
All public improvements have been incorporated into Burlwood 1st Addition (the first addition of
this project).
UTILITIES
No public utility lines have been proposed with this project. The lots will be serviced with
private sewer and water service stubs from the public utility lines that will be installed with the
first addition. The sanitary sewer and water hookup charges will be applicable for each lot. The
2004 trunk utility hookup charges are $1,458 per unit for sanitary sewer and $2,814 per unit for
water. The 2004 SAC charge is $1,425 per unit. These fees are based on the numbers of SAC
units for the new building addition. Sanitary sewer and water hookup fees may be specially
assessed against the parcel at the time of building permit issuance.
STREETS
No public street improvement is proposed. The site is proposed to be accessed via the new public
street "Golden Glow Court" along the west side of the lots.
PARKS
This property lies within the neighborhood park service areas of both Curry Farms Park and
Carver Beach Park.
TRAILS
Two segments of the City's Comprehensive Trail Plan are located near this property. The first is
an on-street trail located along both the eastbound and westbound lanes of Lake Lucy Road. The
second is an off-street 8-foot wide bituminous trail located on the east side of Powers Boulevard.
Burlwood 2nd Addition
June 14, 2004
Page 8
This is across the street from the subject plat. The best crossing location for pedestrians is at the
intersection of Powers Boulevard and Lake Lucy Road.
With these public services in place, the Park and Recreation Director is not recommending any
additional public park or trail services be constructed as a part of this subdivision. In lieu of any
public improvements, a park dedication charge of $5,600 will be applicable at the time of
platting.
TREE PRESERVATION/LANDSCAPING
Revised tree preservation calculations for Burlwood First and Second Additions were submitted
by the applicant. These calculations were for the entire site rather than each addition. The
conditions of approval for the Second Addition will reflect the amended quantities.
They are as follows:
Total upland area (excluding wetlands)
Baseline canopy coverage
Minimum canopy coverage allowed
Proposed tree preservation
5.27 ac. or 229,583 SF
35% or 80,941 SF
30% or 68,875 SF
13% or 30,142 SF
The developer does not meet minimum canopy coverage required; therefore the difference
between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required
replacement plantings.
Difference in canopy coverage (68,875 - 30,142)
Multiplier
Total replacement
Total number of trees to be planted
38,733 SF
x 1.2
46,480 SF
43 trees (46,480 + 1089)
The total number of trees required for the development is 43. The applicant has proposed a total
of 56 trees. All replacements must meet minimum size requirements. No more than one-third of
the trees may be from any one species. The applicant is proposing 44 transplanted evergreens
and 12 deciduous trees for reforestation on site. Taking the ordinance requirements into
consideration, only 14 of the evergreens can count towards reforestation. The other 29 trees, of
the 43 required, must be species other than spruce. Therefore, the applicant must increase the
number of deciduous trees, specified in the landscaping plan as ash, linden, oak, maple or
honeylocust, to 29.
The subdivision is also required to have buffer yard plantings along Powers Boulevard and Lake
Lucy Road. Requirements are as follows:
Burlwood 2nd Addition
June 14, 2004
Page 9
Location Required Proposed
Powers Blvd. - buffer 16 overstory trees 19 overstory
yard B - 20' width 24 understory trees 42 understory
800' length 40 shrubs 0 shrubs
Lake Lucy Road 4 overstory trees 4 overstory
Buffer yard B - 15' 6 understory trees 3 understory
width 11 shrubs 0 shrubs
180' length
The applicant must increase buffer yard plantings to meet minimum ordinance requirements.
The applicant has proposed a 4-foot berm along Powers Boulevard on top of which would be
placed transplanted evergreens. The berm starts at the base of the 19 existing deciduous trees.
Tree protection fencing must be installed around those trees before grading commences.
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 1 13,527 97' 140' 30'/30'
Comer lot 10'
Lot 2 13, ! 82 95' 138.5' 30'/30'
10'
Lot 3 13,646 98' 148.5' 30'/30'
10'
A lot area variance was approved by the City Council on January 26, 2004.
SUBDIVISION - FINDINGS
The proposed subdivision is consistent with the zoning ordinance;
Finding: The subdivision meets all the requirements of the RSF, Residential
Single Family District and the zoning ordinance. On January 26, 2004, the City
Council approved a lot area variance for this subdivision.
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 the comprehensive plan and
subdivision ordinance.
Burlwood 2na Addition
June 14, 2004
Page 10
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 is served by adequate urban infrastructure.
The proposed subdivision will not cause environmental damage;
Finding: The proposed subdivision will not cause significant environmental
damage subject to conditions of approval. The proposed subdivision contains
adequate open areas to accommodate house pads.
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.
The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
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 will have access to public utilities and streets.
RECOMMENDATION
Staff recommends the City Council adopt the following motions:
FINAL PLAT
"The City Council approves final plat Subdivision #03-12 for Burlwood 2nd Addition for 3 lots with
lot area variances as shown on the final plat received May 13, 2004, based upon findings in the staff
report and subject to the following conditions:
Burlwood 2nd Addition
June 14, 2004
Page 11
°
°
°
Applicant shall revise the landscape plan to show a minimum of 43 trees to be planted.
A minimum of two deciduous, overstory trees shall be required in the front yard of each
lot.
No more than one-third of the required trees may be from any one species.
Tree preservation fence shall be installed at the edge of the grading limits around all trees
proposed to be preserved prior to any grading.
All transplanted evergreens must have a warranty for two growing seasons.
A revised landscape plan must be submitted to the city before recording the plat.
Any trees proposed for preservation that are lost due to grading and construction
activities will be replaced at a rate of 2:1 diameter inches.
Applicant shall plant a minimum of 16 overstory, 24 understory, and 40 shrubs along
Powers Boulevard and 4 overstory, 6 understory and 11 shrubs along Lake Lucy Road.
9. Fire Marshal conditions:
10.
11.
12.
a. One fire hydrant will be required. Contact Chanhassen Fire Marshal and City
Engineer for exact location of required fire hydrant.
b. The new proposed street will be required to have a street name. Submit proposed
name to Chanhassen Building Official and Fire Marshal for review and approval.
Co
A 10-foot clear space must be maintained around fire hydrants, i.e. street lamps,
trees, shrubs, bushes, Qwest, Xcel Energy, cable TV and transformer boxes. This
is to ensure that fire hydrants can be quickly located and operated by firefighters
(pursuant to Chanhassen City Ordinance #9-1).
d. No burning permits will be issued for tree/shrub disposal. Any trees removed
must be removed or chipped on site.
All disturbed areas shall be resodded or reseeded within two weeks of grading
completion.
If fill is imported or exported, the applicant will need to supply the city with a haul route
plan for approval.
The property is subject to sanitary sewer and water hookup charges. The 2004 trunk
utility hookup charges are $1,458 per unit for sanitary sewer and $2,814 per unit for
water. The 2004 SAC charge is $1,425 per unit. These fees are based on the numbers of
SAC units for the new building addition.
Burlwood 2nd Addition
June 14, 2004
Page 12
13. Installation of the private utilities for the site will require permits and inspections through
the City's Building Department.
14. Permits from the appropriate regulatory agencies must be obtained, including but not
limited to the MPCA, Department of Health, Watershed District, Carver County, etc.
15. Building Official conditions:
a. Final grading plans and soil reports must be submitted to the Inspections Division
before building permits will be issued.
b. Each lot must be provided with a separate sewer and water service.
c. Demolition permits must be obtained before demolishing any structures.
16. The applicant will be required to remove the single-family home and the detached two-
car garage prior to recording the final plat.
17. The applicant shall pay park fees in lieu of land dedication or trail construction on two
lots based on the fees in effect at the time of final plat approval.
18. Final plat recording of Burlwood 2nd Addition shall be contingent upon the recording of
Burlwood Addition.
19. The applicant shall pay an administration fee of $6,135.00."
ATTACHMENTS
1. Breakdown of Administration Fees dated 6/2/04.
2. Final Plat dated "Received May 13, 2004".
g:\plan\sa\burlwood 2nd\burlwood final plat cc.doc
CITY OF CHANHASSEN
BURLWOOD 2ND ADDITION LUR NO. 03-21
BREAKDOWN OF ADMINISTRATION FEES - 6/2/04
Based on $0 of Estimated Public Improvements
3% of Public Improvement Costs (up to $500,000)
Final Plat Process (Attorney Fee for Review and Recording of
Plat and Development Contract)
Recording Fees
b. Plat Filing
Park Fees
2 Lots @ $2,800/Iot
Surface Water Management Fee
GIS Fee ($25/plat and $10/parcel)
TOTAL ADMINISTRATION FEES
$
$
$
$
$
$
450.00
30.00
5,600.00
55.00
6,135
Burlwood 2nd FEE.xls