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9a Lake Lucy Estates Rezoning from RR to RSF CITY OF CHANHASSEN qC(., PC DATE: 11/18/98 CC DATE: 12/14/98 CASE #: 95-3 SUB 95-1 REZ By: A1-Jaff/Hempe1/E1kin:v STAFF REPORT - z ::{ J J 1.. L ::( PROPOSAL: 1) LOCATION: APPLICANT: 2) 3) Rezoning of 16.40 acres of property zoned RR, Rural Residential to RSF, Residential Single Family First Reading and Waive Second Reading. Preliminary and. Final Plat to Subdivide 16.40 Acres into 17 single family . lots, Lake Lucy Estates A Variance to Allow a 20 Foot Front Yard Setback, a 10% street grade, a 50 Foot Wide Right-of-Way, and five homes to be served via a private street. South of Lake Lucy Road and North of Lake Lucy Loscheider Custom Homes, Inc. 1607 Florida Ave. N. Golden Valley, MN 55427 (612 )546-8699 Robert Christensen Brian and Nancy Tichy 1511 and 1471 Lake Lucy Road - Excelsior, MN 5533] 3: - ~ J - - ) PRESENT ZONING: ACREAGE: DENSITY: RR, Rural Residential District 16.40 acres 1.04 Units per Acre-Gross 1.87 Units per Acre-Net ADJACENT ZONING AND LAND USE: N - RSF, Shadow Ridge Subdivision S - Lake Lucy E - RR, Rural Residential District W - RR, Rural Residential District WATER AND SEWER: Available to the site. PHYSICAL CHARACTER.: The site contains two single family residences. The majority of the site is wooded. It contains two wetlands. The topography varies significantly throughout the site. 2000 LAND USE PLAN: Residential-Low Density Lake Lucy Estates December 14, 1998 Page 2 This item was approved by the City Council on July 13, 1998. As the applicant began to finalize the plans, they discovered three issues. The first is the topographic data presented during the preliminary plat was not entirely accurate, which resulted in significant changes in some areas to the grading and tree removal plan. The second issue concerns the storm pond. As the applicant prepared detailed drainage calculations, they discovered that the size of the pond is larger than the area they had designated for its location, thus needing retaining walls which impedes maintenance access to the pond, which is unacceptable. The third deals with requesting two additional front yard setback variances on lots fronting on Lake Way Court. Staff explained that these changes were significant enough to send the plan back to the Planning Commission. The acreage and number of lots has not changed. All new information will appear in bold. PROPOSAL/SUMMARY The applicant is proposing to subdivide 16.40 acres into 17 single family lots. The property is zoned RR, Rural Residential and the proposal calls for rezoning it to RSF, Residential Single Family. The average lot size is 31,986 square feet with a resulting gross density of 1.04 units per acre. All lots meet the minimum requirements of the zoning ordinance as relates to the area, width and depth. The site is located south of Lake Lucy Road and north of Lake Lucy. Access to the subdivision will be provided via a public street/cul-de-sac south of Lake Lucy Road to service the proposed lots, as well as internal private streets. The majority of the site is wooded with a diverse range of species and ages. According to the proposed plans, the minimum tree canopy to be maintained is 48% or 4.64 acres. Additional tree replacement will be required. Some of the parcels are shown as custom graded lots. This will result in additional tree removal and staff can not assess the extent of grading impact on the trees without this information. This application appeared before the Planning Commission and City Council in 1995 under a different applicant (Mr. Michael J. Byrne). The 1995 plan reflected 23 homes and, after numerous revisions, resulted in 18 home sites, massive retaining walls, mass grading in some areas, and excessive tree removal. The applicant eventually withdrew his application. Loscheider Custom Homes, Inc. decided to purchase and subdivide the property. The new proposal contains an in depth analysis and comprehensive forest management plan for the site. This plan does not attempt to preserve any more or less canopy than the previous plan, however, the applicant has invested time and effort in preparing a forest management plan for the site and the future development. The overall number of lots has been reduced from 18 to 17 single family lots. Staff must point out that Lot 6, Block 2, has enough area to be further subdivided in the future and the development could result in 18 lots. This will also translate into additional grading and tree loss. Due to the topography and tree coverage on the site, staff recommended the applicant utilize Lake Lucy Estates December 14, 1998 Page 3 private driveways, increased number of homes to be served via private driveways, reduced front yard setbacks, narrower right-of-way and steeper grades on the street to minimize impact on the site. The 20 foot front yard setback variances on six of the lots is promoting the preservation of trees and wetlands. The ordinance requires a 30 foot front yard setback. We believe it is warranted. Staff is concerned that future parking problems might arise for Lots 8, 9, and 10, Block 2. The ordinance prohibit parking on private streets and with a reduced setback for these lots, the driveways will be shorter allowing for 2 cars only to park outside the garage. The street grade on Lakeway Drive is 10%. The ordinance allows a maximum grade of 7%. The public right-of-way is 50 feet wide and the ordinance requires a minimum of 60 feet. This variance will minimize grading. The last variance deals with the number oflots served via a private driveway. Currently, there are three lots proposed to be served via Lakeway Court. The property located to the east of the subject site has the potential for subdivision and could result in two additional lots. The only access to the two potential lots is via Lakeway Court. The total number of lots that will be served via the private driveway is five. Requiring the applicant to build a city street will result in excessive grading and loss of mature trees. To date, the city has not approved such a variance, and though staff is cautious not to set a precedent, we believe in this case the variance is warranted. It is highly unlikely that we will encounter a second request similar to this one. The property to the west of the subject site has the potential for subdivision also. The only access to this property will be via the subject site. The applicant is stubbing Lakeway Lane to the edge of the westerly property line. The rezoning of the property from Rural Residential to Residential Single Family District is in compliance with the comprehensive plan and staff is recommending approval of it. Utilities must be extended over the property located to the east of the subject site. The applicant must acquire all necessary easements from the owners of the property. The development contains two existing home sites (Tichy and Christensen). Both of these home sites are currently on their own well and septic system. The existing home on the westerly portion of the site is proposed to be removed. The other home (Tichy) is proposed to remain on Lot 4, Block 3. Both on-site well and septic systems will have to be abandoned in accordance with the city and sate health codes in conjunction with this development. The well and septic on the Christensen site will have to be abandoned in conjunction with site grading. The well and septic system on the Tichy property (Lot 4, Block 3) may be delayed since the construction activities appear not to impact the systems. However, city ordinance requires properties within 150 feet ofa municipal sewer system be connected to the city's system within 12 months after the system becomes operational. Connection to city water is not required until the well fails. Staff is recommending approval of this application with variances and conditions outlined in the staff report. BACKGROUND This application first appeared before the Planning Commission on April 5, 1995. The Lake Lucy Estates December 14, 1998 Page 4 subdivision included 23 single family lots but through work with the applicant, the total number of lots dropped to 18 single family lots (copy attached). The application included the following requests: 1. Rezoning of 14.53 acres of property zoned RR, Rural Residential to RSF, Residential Single Family 2. Preliminary Plat to Subdivide 14.53 Acres into 18 single family lots and two outlots, Lake Lucy Estates 3. A Variance to Allow a 20 Foot Front Yard Setback, a 10% street grade, and a 50 Foot Wide Right-of-Way, a 10 foot side yard setback, and five homes to be served via a private street. Numerous issues were raised by the Planning Commission, residents, and staff. These issues included excessive grading, tree loss, environmental concerns, and variances. The applicant listened to the issues and attempted to address them through a revised plan. The application reappeared before the Planning Commission on May 3, 1995. At that meeting, staff prepared a sketch plan to act as a guideline to improve the plat. The recommendation in the report was based on the layout prepared by staff rather than the plan prepared by the applicant. The Planning Commission unanimously agreed that the plan was not ready to be sent to City Council. Action on the application was tabled and the applicant was directed to modify the plans and incorporate recommendations made by staff. On May 17, 1995, the Planning Commission reviewed a plan that incorporated most of staffs recommendations. The proposal was approved with conditions. On June 12, 1995, the application appeared before the City Council. After discussion and listening to residents and comments from the City Council, the applicant withdrew his application prior to the City Council's vote. REZONING The applicant is proposing to rezone the property from RR, Rural Residential to RSF, Residential Single Family. The area to the north is zoned Residential Single Family to the east and west is zoned Rural Residential and is guided for Residential Low Density. The 2000 Land Use Plan shows this area designated for development as Low Density Residential, 1.2 - 4.0 units per acre. The applicant's proposal has a gross density of 1.04 units per acre and 1.87 units per acre net after the streets and wetlands are taken out. This area is in the MUSA area. Staff is recommending approval for rezoning to RSF consistent with the Comprehensive Plan. Lake Lucy Estates December 14, 1998 Page 5 PRELIMINARY AND FINAL PLAT The applicant is proposing to subdivide an 16.40 acre site into 17 single family lots. The density of the proposed subdivision is 1.87 units per acre net after removing the roads (2.08 acres) and wetlands (3.39 acres). All lots exceed the minimum 15,000 square feet of area, with an average lot size of 31 ,986 square feet. The width and depth of the lots meets ordinance requirements. There are a total of three lake lots shown on the plan. However, Lot 6, Block 2 has an area of 101,372 square feet and a width of 303 feet. The ordinance requires a minimum lot area of 20,000 square feet for riparian lots. This parcel has the potential for future subdivision. The 20 foot front yard setback variances on some of the lots is promoting the preservation of trees and wetlands. We believe it is warranted. There are a total of six 20 foot front yard setback variances as was shown on the plan (Lots 5, 7, 8, 9, and 10, Block 2, and Lot 3, Block 3). As mentioned earlier, staff is concerned that future parking problems might arise for Lots 8, 9, and 10, Block 2. The ordinance prohibit parking on private streets and with a reduced setback for these lots, the driveways will be shorter allowing for 2 cars only to park outside the garage. Lots 5, and 6, Block 2, located to the south of the cul-de-sac, are proposed to be served via a private street, as well as homes proposed on Lots 9 and 10, Block 2 and Lot 1, Block 3. The lower portion of the property located to the east of the subject property (Morins) can only gain access to a public street through the subject property. The adjacent property has the potential to subdivide into three lots. Two of those lots will utilize the same driveway as proposed Lots 9 and 10, Block 2 and Lot 1, Block 3. The ordinance allows a maximum of 4 homes to be served via a private drive. The plan proposes 5 lots to be served via a private street. This will minimize grading and preserve trees in that area. Staff supports granting a variance to allow up to five lots accessing a private street. Although the proposal is consistent with the Comprehensive Plan, and generally consistent with the Zoning Ordinance, we believe that revisions as recommended within this staff report should be made to minimize impacts to the natural features of the site. GRADING The plans have incorporated many design changes that minimize grading including retaining walls, custom grading wooded lots, increasing the street grade (Lakeway Drive) up to 10% to conform better with the existing ground contours which results in less grading, adjusting building pad locations, elevations and/or changing dwelling types to conform with existing ground. However, staff believes there still are modifieations that ean be ineorporated to improve the overall site and reooee grading and tree loss. The lots adjaeent to Lake Lucy (Lots 1 & 5, Bloek 2) are proposed to be graded with the overall site improvements. 8taffbelie':es it may be better to designate these lots as el:lstom graded lots similar to Lot 6, Block 2. The building pad area on these lots is fairly wide and may not require the extensive filling as proposed depending on the Lake Lucy Estates December 14, 1998 Page 6 bl:lilding design. i\t a mininmm, the lo',vest floor elevation on Lot 1, Bloek 2 shol:lld be raised to 961.0; Lot 5, moek 2 raised to 963.0; and Lot 6, moek 2 raised to 961.0 to mateh the existing grade at the ",{alkout and minimize dismption eloser to the wetlands. The grading plans else need to incorporate the wetland buffer setbacks and tree protection fencing. The stormwater (NURP) pond designed on Lot 7, Block 2, east of the cul-de-sac, was redesigned and is acceptable. is l:lIHuJeeptable. Aeeess to the pond for maiatenanee purposes is restrieted by a proposed retaining wall armmd three sides of the pond. The 'Nall height ranges between 1 to 7 f-eet. Staff also considered redesign of the pond by eompromising water ql:lality standards in an attempt to red1:1ee the pond size; hov;ever, given the qMality of the ',vedand (namral) v/hich reeeives the mnoff it ':Iould be in direct conmet with the eity's Smfaee Water Management PlaR. An alternative pond loeation should be eonsidered either on Lot 6, Block 2 or eliminating Lot 7, mock 2 and expanding the pond northerly by the developer. Eliminating Lot 7, moek 2 v;ol:lld also improve aeeess and building sites on Lots 8, 9 and 10, Bloek 2. The eity and Watershed District both require the lowest floor elevations of homes adjacent to lakes, wetlands and stormwater ponds be a minimum of two feet above the high water level of the water body. The lowest floor elevation on Lot 7, Block 2 needs to be has been raised to 988.0 to meet this requirement. or the pond level lowered. The grading plan also proposes custom-graded lots in the wooded areas with the exception of Lots 3, 4, 5, and 7 through 10, Block 2 where mass grading is proposed to prepare house pads and Lakeway Court. The utility service is proposed along Lakeway Court which would take a swath a minimum of 50 feet wide due to the depth of the sewer regardless. Staff has learned from previous developments that front yard trees over time eventually die due to construction impacts. Staff has met with the developer regarding the grading of Lots 7 through 10, Block 2 in an effort to maintain front yard drainage, minimize wetland impacts and tree loss. The developer's engineer has field verified existing grades and determined that the topographic maps previously used were not completely accurate, thus resulting in the necessity to revise and revisit grade changes on these lots. In an attempt to minimize grading impacts in the rear yard areas, staff recommended using deeper basements (up to 12 feet deep - standard basements are 8 to 9 feet deep) to match grades outside the walkout level thus reducing grading toward the wetlands and providing for a flatter slope in the rear yard. The developer has modified the building elevations on Lots 7 through 10, Block 2 to manage the grade changes for the most part. Staff believes that the first floor eleyations on these lots shol:lld still be raised one f-oot to promote drainage out to Lakev;ay Cm:lrt. City Ordinance requires a subdivision to dedicate 60-foot wide right-of-ways and a 60-foot wide radius in a cul-de-sac. The plans are proposing a 50-foot wide right-of-way and 60-foot wide radius cul-de-sac. Staff believes that a 60-foot wide right-of-way could be dedicated without impacting too many of the lots; however, given the very steep terrain on the northerly half of the project, the additional right-of-way would increase the setbacks for the homes thus creating additional fill for driveways and dwellings which, in turn, would affect existing tree canopy coverage. Therefore, staff is comfortable with permitting a 50-foot wide right-of-way on Lake Lucy Estates December 14, 1998 Page 7 Lakeway Drive and Lakeway Lane with the 60-foot radius in the cul-de-sac to provide adequate room for snow storage and utility improvements. According to the grading plan it appears the site will be short on material. Staff anticipates the applicant will need to import material to develop the site. The applicant will need to supply the eity with a haul route and traffic control plan for review and approval prior to site grading commencmg. Staff has worked with the developer's engineer to provide for a turnaround on Lakeway Court acceptable to the eity's Fire Marshal. The turnaround shown on the plans has been revised fsee attached). The southerly private street (Lakeway Drive at the end of the cul-de-sac) is proposed to serve Lots 5 and 6, Block 2. However, Lot 6 is a very large lot and has the potential for further subdivision. The Fire Marshal may also require an acceptable turnaround if the driveway exceeds 150 feet in length. This will require additional grading and tree loss on Lot 6 if it is further subdivided in the future. The plans propose to fill up to four feet of material in this area to prepare the house pads and private driveway (Lakeway Drive). This is also necessary to provide adequate cover for the sanitary sewer to service these lots. In addition, fill material will give the ability to create lookout or walkout-type dwellings without further grading towards the wetland. The house configuration and soil factors will also govern the pad location. Therefore, tree canopy loss mayor may not be accurate and in most instances it is not. Tree loss is generally 10% to 15% higher due to construction activities outside of the home and generally impacts trees 20 feet away from the foundation. Retaining walls are a practical way of minimizing grading and tree loss. The applicant should be aware that retaining walls in excess of four feet in height will required building permits and engineered drawings. A soils report was prepared for the applicant by Braun Intertec. A summary of the results of the soils evaluation indicated soil borings typically encountered a one to four-foot layer of topsoil at the surface. Below the topsoil most of the borings encountered glacially deposited soils. Layers of alluvial deposits were encountered above the glacial till into the boring. Groundwater was encountered at four of the six boring locations. At these locations groundwater was encountered 4 to 11 feet below the surface or above elevation 950.5 to 965.5. The soil report also supplied recommendations which indicated the topsoil, the alluvial soil and some soft glacial soils found in the borings are considered unsuitable for supportive proposed loads due to high organic content and/or associated compressibility under fill and building loads. To prepare for construction the report recommended removal of these soils and any existing fill in the building or oversized area. In the streets, the soil should be removed at least three feet below the proposed roadway subgrade elevation. The excavations would then be backfilled with engineered fill as needed to achieve the building and/or street subgrade elevation. The report also indicated the natural clays on the site will be suitable for reuse as fill but will require drying to achieve compaction requirements. The eity's typical street section requires a two-foot sand subcut underneath the standard pavement section in order to prepare the street in accordance with the eity's typical urban street section. Lake Lucy Estates December 14, 1998 Page 8 Typically with the soil conditions on hilly terrain, ground water may be of concern. The city requires a drain tile system behind the curb and gutter for homes which are not adjacent to a wetland/pond. The drain tile system provides an acceptable means of controlling sump pump discharge from the homes as well as improve the street sub grade drainage. Typically in a development like this the developer is also the builder. However, in this case staff is unsure whether the actual developer will be building the homes. Past experience has educated staff to make things as clear as possible with regards to grading and tree removal limits in the conditions of approval. Apparently, communication is lost between the developer and builder and prospective home buyer at time of building permit application. The city has envisioned one way of constructing a home on the lot; however, the prospective home buyer has another and seldom do they correspond. Therefore, staff is recommending that tree removal grading limits should be specifically addressed on each of the custom-graded lots so as any prospective home buyers will know exactly what they are able to do to the lot. The existing driveway access to Lot 4, Block 3 is proposed to be relocated from Lake Lucy Road to the new street (Lakeway Drive). Typically staff would make this a condition of approval; however, given the topographic constraints of the site, the new driveway grades will not be of much improvement over the existing one. In addition, the new driveway requires a significant retaining wall and will also be prone to snow drifting. Staff believes that relocation of the driveway on Lot 4, Block 3 should be optional. If the property owner still desires to relocate their driveway access to Lakeway Drive, the existing driveway must be removed. In addition, the street address of Lot 4, Block 3 must be changed to conform with the eity's address system. EROSION CONTROL Erosion control measures and site restoration shall be developed in accordance with the eity's Best Management Practice Handbook (BMPH). Staff recommends that the eity's Type III erosion control fence which is a heavy-duty silt fence, be used around the wetlands for maximum protection. The final grading plan shalt incorporates erosion control fence around the perimeter of the grading limits. In addition, tree preservation fencing and wetland buffer setbacks should shall be denoted on the grading and drainage plan as well. UTILITIES Municipal sanitary sewer service is proposed to be extended from the Coey parcel which was subdivided into Pointe Lake Lucy. The Coey parcel is located approximately 200 feet east of this site. The sewer line to date has not been extended to service this parcel. The sanitary sewer has been extended through the Pointe Lake Lucy development and deadended at the property just east of the development (Morin's). The alignment of the sanitary sewer line through the Morin's has been inspected in the field by the Morins, staff and the developer's engineer. The alignment minimizes tree loss and impacts to the wetlands and Morin's property. A permanent utility easement for this extension needs to be acquired by the developer and dedicated to the eity in Lake Lucy Estates December 14, 1998 Page 9 order to proceed with the project. The minimum width of the easement shall be 20 feet wide or more depending on the depth of the sewer. Without the sanitary sewer extension, this project should be considered premature for development. A condition has been added in the staff report that preliminary and final plat approval will be contingent upon sanitary sewer being extended through the Morin's property. At the time the Morins subdivide their parcel and connections are made to the sewer line, the applicant will be entitled to a refund of a portion of the connection charge the eity will impose at time of building permit. Staff recommends that the individual sewer and water service be field verified prior to construction to determine a location on each lot which minimizes tree loss. The applicant should also be advised that, based on the soils report, there may be some areas of unsuitable material where the pipe will need to be placed on pilings or significant sub grade correction performed prior to installation of the pipe. Due to the sanitary sewer elevation, Lots 4, 5 and 6, Block 2 will require grinder pumps to service the basement/lower level of these homes. This is typically avoided whenever feasible; however, in this situation there are no other options except raising the home sites four to five feet which would require significant filling/grading and impact to the wetlands. Municipal water service is available to the site from Lake Lucy Road. The plans propose on extending water service throughout the development. Detailed street and utility construction plans and specifications 'Hill be reql:lired in oonjl:lnotion with final plat approval have been submitted and reviewed by staff. The construction plans and specifications shall be have been prepared in accordance with the eity's latest edition of Standard Specifications and Detail Plates. Final construction plans and specifications '.vill Heed to be are submitted to the city a minimum of three weeks prior to final plat eonsideration for staff review and City Council formal approval. As a part of final plat and construction plan approval, the applicant will be required to enter into a development contract and provide the eity with financial securities to guarantee final plat conditions of approval and installation of the public improvements. The development contains two existing home sites (Tichy and Christensen). Both of these home sites are currently on their own well and septic system. The existing home on the westerly portion of the site (Lot 1, Block 2 - Christensen's) is proposed to be removed. The other home (Tichy) is proposed to remain on Lot 4, Block 3. Both have on-site well and septic systems that will need to be abandoned in accordance with the eity and state building codes in conjunction with this development. The well and septic system on Lot 1, Block 2 will have to be abandoned in conjunction with demolition of the home. The well and septic system on the Tichy property (Lot I, Block I) may be delayed since the construction activities appear not to impact the systems. However, city ordinance requires properties within 150 feet ofa municipal sewer system to connect to the eity's system within 12 months after the system becomes operational. Connection to eity water is not required until the well fails. The sanitary sewer to serve this development will need to be designed and constructed to service the Morin's property as well as the properties to the west of the site and north of Lake Lucy Road. The applicant has not provided sewer and water extension west of the development. Staff 'lIill be reviewing the need has designed for providing utility service to the adjacent parcels. The Lake Lucy Estates December 14, 1998 Page 10 applicant shall be responsible for extending sanitary sewer service west of the site in a location to be determiBed by the oity. In conjunction with development of the parcel. The developer shall be reimbursed by the for the construction cost of extending sanitary sewer along Lakeway Lane from Lakeway Drive. STREETS Access to the development is proposed from Lake Lucy Road. This road is classified in the city's Comprehensive Plan as a collector street. The applicant is proposing to dedicate on the final plat an additional 7 feet of right-of-way to meet the city's design criteria along Lake Lucy Road. Street right-of-way on the public street within the plat has been reduced from the 60-foot requirement to 50 feet wide in an effort to reduce grading and tree loss. Staff has evaluated this compromise and believes the reduced right-of-way is warranted. The plans are also incorporating the use of private driveways to service portions of the development and adjacent parcels. City ordinance provides for up to four homes to be serviced off a private driveway. A turnaround acceptable to the city's Fire Marshal will has also have to be been provided. The private driveways will reduce impacts to the wetlands and minimize tree loss versus a public street. Staff believes the use of a private driveway to service Lots 5 and 6, Block 2 may be is warranted to reduce impacts to the area. The construction of a public street in this area would destroy the natural features. In addition, Lots 5 and 6, Block 2 would be marginal lots due to setback requirements from wetlands and the street. Staff believes the applicant has followed the layout prepared by staff to minimize the environmental concerns. If a public street was required to serve Lots 5 and 6, Block 2 there would be only two lots created at the end on Lot 6, Block 2 due to setbacks from the street and wetlands. Lot 5, Block 2 would not meet code requirements. Therefore, an argument could be made for not allowing Lot 6, Block 2 to subdivide in the future. Another private street is proposed to service three lots (Lots 9 and 10, Block 2 and Lot 1, Block 3) and the Morin's parcel to the east. The Morins and staff have previously reviewed the development potential of the Morin's parcel and it appears that the site may be further subdivided into two additional lots. Therefore, the private street (Lakeway Court) as proposed would be serving up to five homes which exceeds the city's ordinance. Staff believes there is no other way to create a street system to serve these lots which would minimize impacts and therefore recommends a variance be granted for up to five (5) homes accessing Lakeway Court. A turnaround which meets the city Fire Marshal's requirements has been designed and approved by staff at the end of Lake way Court (see attaohed). Future access was also considered for the parcel west of the development (Randall). The Randall's parcel currently gains access from Lake Lucy Road via a long gravel driveway. Part of the driveway is actually located within the proposed subdivision through Lots 1, 2 and 3, Block 1. The Randall's driveway access onto Lake Lucy Road is across from Yosemite. This intersection has substandard sight distance which makes it difficult to safely turn to and from the property. Eventually, when the Randall parcel further subdivides, staffwill recommend that the driveway access onto Lake Lucy Road be eliminated and the driveway be relocated to access Lakeway Lane. It appears the Randall property has ability to further subdivide into more than four lots. Lake Lucy Estates December 14, 1998 Page 11 The applicant has proposed a 321-foot wide city street whicH only needs to be 31 feet wide and 50-foot wide public right-of-way between Lot 1, Block 2 and Lot 3, Block 1 to provide future access to the site. Lot 1, Block 2 will also be accessed from this street. Staff has requested a minor alignment change to Lakeway Lane to conform with the Randall's driveway. The final plat submitted will be revised to accommodate this. The realignment reduces the size of Lot 1, Block 2 to approximately 17,832 square feet. A sign will be required on the barricades as well as a condition in the development contract indicating that "Lakeway Lane may be extended in the future". Due to the street length a temporary turnaround will not be necessary. The street grade (Lake'.vay Lane) may be adj1:lsted sligh.tly to match grades at the property line. Staff is also recommending ending the street 15 feet short of the Randall's property to maintain a buffer. Staff has reviewed the street grades and alignment and believes no further modifications are available to minimize tree loss and grading. These changes were also discussed in the grading portion of this report, i.e. retaining walls. All lots are proposed to access the interior streets and not directly onto Lake Lucy Road. The existing driveway to Lot 4, Block 3 is proposed to be relocated to Lakeway Drive as discussed in the grading portion. This will result in the necessity to change their street address. Private driveway maintenance and access agreements will need to be incorporated into covenants to permit access to the lots adjacent to Lakeway Court as well as the Morin parcel. Street grades range from 1 % to 10% which exceeds city ordinance. City ordinance requires street grades to be between 0.75% and 7%. Staff believes that a 10% street grade may be warranted in this situation to better conform to existing terrain and minimize grading and tree loss. Ho'.vever, staff is recommending that a 3% or less landing minimum length of75 feet be designed at the intersection of Lake L1:10Y Road afld Lalceway Driye to provide adequate sight lines and acceleration onto Lake Luey Road. Staffbelieyes that this ean be easily aeeomplished. MISCELLANEOUS The final plat will need to dedicate drainage and utility easements over Outlots A and Band wider easements over the southwesterly corner of Lot 3, Block 1 and 20 feet along the northerly portion of Lots 8 and 9, Block 2.stofffi'.vater flonding areas and any l:ltility improvements whieh lie ol:ltside the eity's road right of way. The miniFB.-1:lffi easement '.vidth shall be 20 feet wide depending on the depth and locatian of the utility or stormwater pond basin. WETLANDS There are 2 wetlands delineated on-site and they are as follows: Wetland A is a natural wetland located on the property just east of Lots 8 through 11 along the southeastern portion of the property. The wetland is approximately 5.3 acres and is characterized as an inland shallow fresh marsh. Approximately 1.7 acres of the wetland is located on the property. Lake Lucy Estates December 14, 1998 Page 12 Wetland B is the natural wetland complex that borders the Lake Lucy shoreline. The wetland is above the ordinary high water elevation for Lake Lucy, and therefore, is not within DNR jurisdiction. Approximately 1.4 acres of the wetland is located on the property. Since both of the wetlands are classified as natural, the buffer strip required shall be 10 to 30 feet wide with an average width of 20 feet. It is recommended that any disturbed areas of the buffer strip be seeded with a mixed variety of natural upland vegetation. Although these wetlands will not be filled or excavated as a result of the development, erosion control and maintenance on the erosion control is a key factor in protecting wetlands. Type ill erosion control shall be provided around the wetland at the start of construction and maintained until vegetation is fully re-established. Wetland Buffers The city wetland ordinances requires a buffer strip and buffer strip monumentation along wetlands. The buffer strip width required for natural wetlands is 10 to 30 feet with a minimum average width of 20 feet. The principal structure setback for these wetlands is 40 feet measured from the outside edge of the buffer strip. The applicant has proposed a buffer strip of 10 feet along Lots 10,9,8, 7 and 4. Lot 6 is shown with a thirty foot buffer to accomplish the 20 ft. average and lot 5 has a sharp transition from 30 to 10 feet. City staff would recommend that the lot 5 buffer be adjusted so that there is a smoother transition along the Lot 5 property line Such sharp transitions in buffer zones have resulted in buffer removal in the past. SURFACE WATER MANAGEMENT PLAN (SWMP) Storm Water Quality Fees The SWMP has established a water quality connection charge for each new subdivision based on land use. Dedication shall be equal to the cost of land and pond volume needed for treatment of the phosphorus load leaving the site. The requirement for cash in lieu of land and pond construction shall be based upon a schedule in accordance with the prescribed land use zoning. Values are calculated using market values of land in the City of Chanhassen plus a value of $2.50 per cubic yard for excavation of the pond. The city has had discussions with the applicant's engineer on the water quality ponding. The proposed SWMP water quality charge of $800/acre, (or $9;-l&4 8,936 for the +h48 11.17 acres) for single-family residential developments may will be waived. if.+- The applicant is provides providing water quality treatment according to the city's SWMP standards. +e reeei':e this eredit tThe applicant HffiSt has provided the city with plans for a stormwater quality pond designed to retain up to 75% phosphorus according to the Walker Pondnet model. Storm Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average city- wide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels and storm water ponding areas for runoff storage. Single family residential developments will have a connection charge of $1,980 per developable acre. The total gross area of the property is i 6.34 acres; however, 4:&e 5.26 acres is wetland. Therefore, the Lake Lucy Estates December 14, 1998 Page 13 proposed development would then be responsible for -l+A& 11.17 acres resulting in a water quantity connection charge of$22,730 22,116.60. This fee will be due payable to the city at time of final plat recording. Lake Access There are three lots on this site that would meet the 90 foot width requirement for access to Lake Lucy. However, to access the lake, each of these properties must impact the wetland to get to the Lake. In the extreme case Lot 6 must go through 350 feet of wetland to reach the ordinary high water level. Although not enforceable, staff recommends/suggests that all of these lots access the lake at the point of least impact to the wetland on a shared dock. The location of this dock would be on Lot 6. PARK DEDICATION Full park and trail fees shall be collected per city ordinance in lieu of land acquisition and/or trail construction. The existing house located on Lot 4, Block 3, is exempt from these fees. If the home is demolished and a new residence is built, the site would then be subject to these fees. TREE PRESERVATION/LANDSCAPING Tree canopy coverage and preservation calculations for the Lake Lucy Estates development are as follows: Total upland area Total canopy area (excluding wetlands) Baseline canopy coverage Minimum canopy coverage allowed Proposed tree removal Proposed tree preservation 11.17 ac or 486,565 SF 9.51 ac or 414,256 SF 85% 55% or 6.14 ac/267,610 SF 51.2% or 4.87 ac/212,137 SF 48.7% or 4.64 ac/202,118 SF Developer does not meet minimum canopy coverage allowed, therefore the difference is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage Multiplier Total replacement Total number of trees to be planted 65,491.6 SF 1.2 78,589.9 SF 72 trees A replacement planting plan has been submitted to the city for approval. Included in the plan is location, species and size of replacements. The ordinance requires all replacements must meet minimum size requirements. The applicant has requested that replacement plantings vary in size, from seedling to the 2 Y2 minimum required by ordinance. In an attached memo, the applicant requested they be permitted to add 162 trees rather than the required 72. The total inch Lake Lucy Estates December 14, 1998 Page 14 calipers as proposed by the applicant is 222 inches versus the 72 trees would translate into 180 inch calipers. Staff supports the request for trees planted iFl eKoess of the 72 required. Of the 72 trees reql:lired, staff reeommeFlds the miRimum required size is upheld. The applicant has prepared a solid and comprehensive forest management plan for the site. Tree survey results, woodland condition and replacement plantings plans are all covered in detail. The applicant appears prepared to properly handle the development of the property and its woodlands. The plan states that trees will be and have been assessed for preservation based on their condition, location, age, and species. This technique will serve to avoid the mistakes made by developers in wooded areas in the past where inappropriate trees are preserved only to die once construction has finished. Staff recommends tree removal limits for each lot be established as shown on the grading and tree preservation plans submitted by the applicant. It appears a 20 foot removal limit from the building pad would coincide with tree removal shown on the applicants' plans. Tree loss/preservation for the development is comparable to the loss associated with the previous Byrne application. The current applicant has not preserved significantly any more or less of the woodlands than the previous proposal. What this applicant has done, however, is invested time and effort into preparing a forest management plan for the site and the future development. The Landscaping and Tree Preservation requirements state that a landscape buffer is required when a subdivision plat is contiguous to a collector street. Required buffering shall include berms and landscape materials consisting of a mix of trees and shrubs and! or a tree preservation area. The plan identifies plant material locations along Lake Lucy Road as well as planting within each front yard. Appropriate financial security will be required. This plan shows the type and size of trees proposed to be planted as well as the location of any berms along Lake Lucy Road. COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Area Lot Width Lot Depth Home Setback Wetland & Buffer Setback Ordinance 15,000 90' 125' 30' front/rear 60' Average 10' sides BLOCK 1 Lot 1 Corner lot 25,890 115' 243' 229' 30'/30' 10' Lot 2 17,663 97' 197' 30'/30' 10' Lot 3 Corner lot 17,746 122' 148' 163 30'/30' 10' Lake Lucy Estates December 14, 1998 Page 15 Block 2 Lot 1 Comer lot 19,915 149' 138' 125' 30'/30' 10' Lot 2 15,048 120' 125' 30/30 10 Lot 3 18,648 220' 125' 30/30 10 Lot 4 56,374 95' 420' 30'/50'**40'/10' 10' Lot 5 54,016 218' 332' 30'/50'**40'/10' 10' Lot 6 103,151 33' 336' 30'170'**40'/30' 10' Lot 7 44,999 211 ' 324' 20'*/50'**40'/1 0' 10' Lot 8 21,567 137' 339' 20'/50'**40'/1 0' 10' Lot 9 26,971 161' 301' 20'/50'* *40'/1 0' 10' Lot 10 19,927 131 ' 250' 20'*/50'**40'/10' 10' Block 3 Lot 1 16,291 105' 157' 30'/30' 10' Lot 2 25,125 243 180 30'/30' Comer Lot 235 10' Lot 3 19,971 131 158' 20'*/30' 10' Lot 4 39,394 185' 242' 30'/30' Comer Lot 164 10' * Front yard variance required. ** Wetland & Buffer setback supersedes typical setbacks. Lake Lucy Estates December 14, 1998 Page 16 FINDINGS SUBDIVISION 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision requires variances to meet the requirements of the RSF, Residential Single Family District. 2. 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 density designation. 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 has a significant tree coverage and rolling topography. The applicant is attempting to minimize impact on the property and staff is making recommendations that should be incorporated into the plan. 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 will be served by a public street and infrastructures contingent upon acquiring an easement through the Morin's parcel. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will need to be revised as discussed in the staff report and in the conditions of approval. Grading and tree removal must be minimized. 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: Lake Lucy Estates December 14, 1998 Page 17 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 will be provided with adequate public infrastructure with the extension of the sanitary sewer from the east. The pond issue must be addressed as discussed in the staff report. VARIANCE As part of this plat approval, a variance to allow 20 foot front yard setbacks, a 10 percent street grade, five homes accessing via a private street, and a 50 foot wide right-of-way is requested. The City Council may grant a variance from the regulations contained in the subdivision chapter as part of a plat approval process following a finding that all of the following conditions exist: 1. The hardship is not a mere inconvenience. 2. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land. 3. The condition of conditions upon which the request is based are unique and not generally applicable to other property. 4. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Finding: Staff recommends the variances be approved as shown in plans dated October 16, 1998, for the following: a. b. A 20 foot front yard setback for Lot 5, 7,8,9 and 10, Block 2, and Lot 3, Block 4. A 10 percent street grade and a 50 foot wide right-of-way. Five homes accessing via a private drive. c. PRIV A TE STREETS As part of this subdivision, the applicant is requesting the use of private streets to service portions of the site. The subdivision ordinance allows up to four lots to be served by a private street if the city finds the following conditions to exist: 1. The prevailing development pattern makes it not feasible 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 existence of wetlands. 2. After reviewing the surrounding area it is concluded that an extension of the public street Lake Lucy Estates December 14, 1998 Page 18 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 ofa private street will permit enhanced protection of wetlands and mature trees. Finding: The applicant is utilizing two private streets to access Lots 5, 6, 9, and 10, Block 2, and Lot 1, Block 3. Private streets will minimize impact on the vegetation and preserve site grades. Lakeway Court will serve 5 lots, however, we believe in this case a variance is appropriate. BUILDING OFFICIAL COMMENTS Demolition Permits. Existing structures on the property which will be demolished will require a demolition permit. Proof of well abandonment must be furnished to the city and a permit for septic system abandonment must be obtained and the septic system abandoned prior to issuance of a demolition permit. A house moving permit is required if a structure is to be moved to another location within the city. House moving permits must be approved by the City Council. A road use permit is required to move a structure over city roads. Retaining Walls. Retaining walls over 48" high from the base of their footings require a building permit and inspections. PLANNING COMMISSION UPDATE On November 18, 1998, the Planning Commission reviewed and approved this application unanimously. RECOMMENDATION Staff recommends the Planning Commission City Council adopt the following motion: "The Planning Commission City Council approves First Reading and Waives Second Reading for rezoning 16.40 acres of property zoned RR, Rural Residential to RSF, Residential Single Family (95-1 REZ); Preliminary and Final plat (95-3 SUB) to subdivide 16.40 acres into 17 single family lots, with variances (a 20 foot front yard setback for Lots 5, 7, 8, 9, and 10, Block 2, and Lot 3, Block 3, a 10 percent street grade and a 50 foot wide right-of-way, and five homes accessing via a private street), Lake Lucy Estates, as shown on plans dated October 16, 1998, with the following conditions: 1. Type III erosion control fence shall be used adjacent to the wetlands and Type I erosion control fence shall be used adjacent the grading limits. 2. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood-fiber blanket or sod within two weeks of completion of Lake Lucy Estates December 14, 1998 Page 19 each activity in accordance with the city's Best Management Practice Handbook. 3. All utility and street improvements shall be constructed in accordance with the latest edition of the city's Standard Specifications and Detail Plates. Detailed street and atility plans and speeifications sHall be sl:lemitted f-or staff review and City Couneil appro'/al three weeks prior to final plat eORsideration. 4. Wetland buffer areas shall be surveyed and staked in accordance with the city's wetland ordinance. The developer shall install wetland buffer edge signs before the city accepts the utilities and will charge the applicant $20 per sign. 5. The applioant shall provide detailed storm SeYler calcl:llations for 10 year and 100 year storm events and provide pondiRg oalel:llations for stormwater ponds in aocordance with the city's Surface 'Vater Management Plan for the City EngiReer to reviev: and approve prior to final plat aJ'>proyal. The applicant shall provide detailed pre developed and post de','eloped storm water caleulations for 100 year storm events and normal water level and high '.vater level calculations in existing basins, ereated basins, and/or creeks. Indi','idual storm se'.ver calculations between eaeh eatch basin segment v:ill also be required to determine if sl:lfficient cateh basins are being l:ltilized. In addition, '.vater quality ponding design calculations shall be based OR 'Nalker's Pondnet model. 6. The applicant shall enter into a development contract with the eity and provide the necessary financial security to guarantee compliance with the terms of the development contract. 7. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County, Watershed District, Metropolitan Waste Control Commission, Health Department, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. 8. The appropriate Drainage and utility easements shall be dedicated on the final plat over the following lots: Outlots A & B, the northerly 20 feet of Lots 8 & 9, Block 2, and the southwesterly corner of Lot 3, Block 1, lying southwesterly of a line drawn diagonally from 45 feet northerly and easterly of the southwest corner of Lot 3, Block 1. should be dedieated on t.ae final plat for alll:ltilities and ponding areas lying outside the right of way. The easement width SHall be a miRimtlm of20 feet wide. Consideration shall also be g1yen for access for mainteRance of the ponding areas. "^~ 50 foot wide drainage and utility easement will be reql:lired o','er the utilities located within Lakeway Gem=h 9. No berming, retaining walls or landscaping will be allowed within the right-of-way. 10. The lowest floor elevation of all buildings adjacent to the wetlands or storm water ponds Lake Lucy Estates December 14, 1998 Page 20 shall be a minimum of two feet above the 100-year high water level. II. A storm water quality pond shall is being provided on site to pretreat runoff prior to discharging into the wetlands. The stormwater pond ffitiSt will have side slopes of 10: I for the first ten feet at the Bermal \vater levelafld Be more th8fl3:1 thereafter or 4:1 throughout for safety purposes. The storm water pond shall be design is being reviewed by staff to determine the ed and eOBstrueted with a 75% phosphorus removal efficiency. A landseape pl8fl proyiaiBg l:lpland and ,:..etlaBd plaats to natl:1rally blead the poad into the surroundiags is recommended. 12. Existing wells and/or septic systems on site will have to be properly abandoned in accordance with eity and Minnesota Department of Health codes/regulations. The existing home (Tichy) on Lot 4, Block 3 shall be connected to the eity's sanitary sewer system within 30 days after the system becomes operational. Connection to eity water is not required unless the well on Lot 4, Block 3 fails. 13. The proposed single family resideatial development of 11.1 g de';elopable acres is responsible for a 'lIater quaatity eOIlfl:eetion oharge of$22,730. These fees are payable to the eity prior to the city filing the fiaal plat. The '.vater quality fees will be 'lIah'ed if the applieant provides for on site storm',':ater treatment. 14. The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall re-locate or abandon the drain tile as directed by the City Engineer. The oonstruction plans shall iaeI:Hde a drain tile system in street behind the curbs aad gutters on those lots v;hich are not adjacent to a v:etland or storm pond. IS. All lots shall take direct access to the interior street system and not Lake Lucy Road. Lot 4, Block 3 may relocate their driveway from Lake Lucy Road to Lakeway Drive. If the driveway is relocated to Lakeway Drive, the street address for this lot shall be changed accordingly. 16. Lots I through 3, Block I, Lots I and 2, Block 2, and Lots I through 3, Block 3 shall be custom graded at time of building permit issuance. A detailed grading (with two-foot contours), drainage, tree removal and erosion control plan shall be submitted with the building permit application for review and approval by the eity engineer prior to issuance of a building permit for the lot. 17. The grading, drainage, aad eonstmetion plaas shall be revised incorporating the follov{ing changes that eonform better with the existing grades and minimize grading and tree loss: a) Tree protection feacing. b) Raise lo,::est floor elevation on the follo':iiag lots: Lake Lucy Estates December 14, 1998 Page 21 Lot 1, Block 2: 961.0 Lot 5, Block 2: 963.0 Lot 6, Bloek 2: 961.0 Lot 7, Block 2: 966.0 c) Redesiga storm pORd on Lot 7 to allo',\' for maintenance aceess and eliminate retaining Ylalls adjacent to street. d) Raise garage elevations on Lot 7, Block 2 to 976.0 and on Lot 10, Block 2 to 978. e) End constmction limits on Lake':lay Lane 15 f-eet from '.vest property line and raise street gr:ade on Lake','lay LaRe to 3.00% f) Incorporate re';ised turnarOlmd on Lakev;ay Court. g) Label height of retaining walls. h) Pro';ide drain tile behind the curb f-or those lots not adjacent to Yletlands or stormwuter pond. i) Consider redt-wing fill limits on Lots -1 and 5, Block 2 to 20 feet from front property line. j) .^..dd O\:1tlet eontrol structure to pond. k) Provide sanitary sewer and '.vater service to parcel to the west (Randall) per staff. 1) Type III erosion control fence shall be \:1sed adjacent to all wetlands. .^~dd rock construction entranee and sediment protection f-or all storm SeYler inlets. . m) Reduce street v;idths on Lakev;ay Drive and Lane to 31 feet back to back of curb. 18. Preliminary and final plat approval shall be contingent upon sanitary sewer service being extended to the plat from the Coey property (Pointe Lake Lucy) to this site and the applicant obtaining a drainage and utility easement from the Morins. 19. All private streets shall be designed and constructed in accordance to City Ordinance No. 209 and a turnaround acceptable to the eity's Fire Marshal. A private maintenance agreement and access easement shall be provided for all parcels served by a private street(s) (including the Morin's parcel) 20. The developer shall extend utilities to the parcel to the west through a location determined by the eity. The developer shall be reimbursed by the city for the costs to extend sanitary sewer along Lake Lucy Lane. Temporary barricades shall be placed at the end Lake Lucy Estates December 14, 1998 Page 22 of Lakeway Lane. A sign shall be placed on the barricades indicating "this street shall be extended in the future". A condition will also be placed in the development contract to inform all property owners in Lake Lucy Estates of this street extension. 21. A variance to the city's private street ordinance to allow up to 5 homes to access Lakeway Court, 10% street grade on Lakeway Drive and 50-foot right-of-way throughout except for the cul-de-sac is recommended. 22. The applicant or their assignee shall submit a haul route and traffic control plan to the City Engineer for review and approval prior to site grading commencing. 23. Individual sewer and water services to the lots shall be field verified to determine the path of least impact to the trees. 24. The applicant shall be entitled to a refund (up to 90% depending on construction costs) of a portion of future sewer connection charges collected from Morin's parcel when building permits are issued. 25. The proposed single family residential development of 11.48 net developable acres is responsible for a water quality connection charge of$9,181 $8,936.00 and a water quantity fee of$22,730.00. The water quality fee will be waived upon the applicant meeting NURP design for on site runoff. These fees are payable to the city prior to the city filing the final plat. 26. The applicant shall plant +;;162 trees as replacement/reforestation plantings. The number of replacement trees could increase based upon the level of grading on the site. Trees shall be selected from the city's Approved Tree List as shown on the landscape plan dated November 6, 1998. and meet minim1:1m. size req1:1irements. '^1 landscape plan shall be submitted to the city for approval. Included in the plan shall be location, species and size of replacements. 27. Tree removal limits shall be established 20 feet from the building pad for all custom graded lots, once the type of home is designated. Tree protection fencing must be installed at the limits and maintained throughout construction. 28. No berming or landscaping will be allowed within the right-of-way. The applicant shall work with the city in developing a landscaping replacement plan on the site and along Lake Lucy Road right-of-way. The vegetated areas which will not be affected by the development will be protected by a conservation easement. The conservation easement shall permit removal of dead or diseased vegetation. All healthy trees over 6" caliper at 4' height shall not be permitted to be removed. 29. A snow fence shall be placed along the edge of tree preservation easements prior to grading. Lake Lucy Estates December 14, 1998 Page 23 30. Building Department conditions: a. Obtain demolition permits. This should be done prior to any grading on the property. b. Obtain building permits from the Inspections Division for retaining walls over 48" high. Revise Gradiag and Draiaage Plaa to indieate lowest floor le':el elevation, top of fo\:mdation ele'/ation and garage floor ele'latioB. This should be done prior to final plat approval. 31. Fire Marshal conditions: a "\t the east end of Lake \Vay Court provide an approved turnaround for fire apparatl:1s. Pursuant to 1991 Uniform Fire Code, Section 10.201 (D). b. Reloeate the e](isting hydrant that is located on block g on the south side of Lake Way COl:lrt to the north side of Lake 'Vay COl:lrt on block 2. c. With reference to block 2, lot 6, if structure is not visible from the street, additional address numbers will be required at driveway entrance. Pursuant to Chanhassen Fire Permit Policy Premise Identification No. 29-1992. 32. Full park and trail fees shall be collected per city ordinance in lieu of land acquisition and/or trail construction. 33. The buffer on Lot 5, Block 2, shall be adjusted so that there is a smoother transition along the Lot 5 property line. 34. Lots 4 and 5, Block 2 are encouraged to share a dock to minimize impact on the wetlands. 35. Cross-access and maintenance agreements will need to be prepared for use of the private driveway including the Morin's parcel. 36. A cross access easement agreement prepared for the use of the private driveway including the Randall parcel. 37. The final plat shall be revised to incorporate the realignment of Lakeway Lane per attachment #4." Lake Lucy Estates December 14, 1998 Page 23 30. Building Department conditions: a. Obtain demolition permits. This should be done prior to any grading on the property. b. Obtain building permits from the Inspections Division for retaining walls over 48" high. Revise Grading aad Drainage Plan to iadicate 1000\'est floor level elevation, top of fOlindation elevation and garage floor elevation. This shmlld be done prior to final plat appro':al. 31. Fire Marshal conditions: a ..^..t the east ead of Lake \l/ ay Coart pro':ide an approved tamaroand f-or fire apparatus. Pursaant to 1991 Uniform fire Code, Section 10.201 (D). b. Reloeate the existing hydrant that is located on block g on the SOlitH side of Lake Way COlirt to tHe north side of Lake 'Hay Court on bloek 2. c. With reference to block 2, lot 6, if structure is not visible from the street, additional address numbers will be required at driveway entrance. Pursuant to Chanhassen Fire Permit Policy Premise Identification No. 29-1992. 32. Full park and trail fees shall be collected per city ordinance in lieu of land acquisition and/or trail construction. 33. The buffer on Lot 5, Block 2, shall be adjusted so that there is a smoother transition along the Lot 5 property line. 34. Lots 4 and 5, Block 2 are encouraged to share a dock to minimize impact on the wetlands. 35. Cross-access and maintenance agreements will need to be prepared for use of the private driveway including the Morin's parcel. 36. A cross access easement agreement prepared for the use of the private driveway including the Randall parcel. 37. The final plat shall be revised to incorporate the realignment of Lakeway Lane per attachment #3." Lake Lucy Estates December 14, 1998 Page 24 A TT ACHMENTS 1. Planning Commission minutes dated November 18, 1998. 2. Memo from Kathryn Dernho1z, Associate Environmental Scientist, dated November 19, 1998. 3. Proposed realignment of Lakeway Lane. 4. Preliminary and Final plat dated October 16, 1998. \\cfs 1 \voI2\plan\sa\lake lucy estates.doc Westwood Professional Services, Inc. November 19, 1998 '" 7599 Anagram Drive Eden Prairie, MN 55344 Sharmin AI-Jaff City of Chanhassen 690 Coulter Drive P.O.Box 147 Chanhassen, Mn 55317 Phone: 612-937-5150 fax: 612-937-5822 Toll free: 1-888-937-5150 Email: wps@westwoodps.com Re: Lake Lucy Estates Ref: 98265 Dear: Sharmin AI-Jaff At your request, we evaluated our proposed reforestation plan for the Lake Lucy Estates project to determine whether our proposed replacement trees meet the total caliper inches required by the City Ordinance. Referencing the Landscape/Reforestation Plan dated 11/6/98, our evaluation resulted in the following numbers. # of trees Size of trees (in.) Total Caliper inches Approx. Cost ($) I Ordinance Requirements 72 all at least 2.5" 180 $20,625 l Proposed Replacement 162' 2/3" to 2.5" 222' $22,987 a Does not in elude the 17 evergreens proposed as roadway screening or the plantings associated with the cul-de-sac. As the table indicates, the proposed replacement plan exceeds ordinance requirements both in terms of caliper inches and approximate cost. In addition, there are several ecological supports for the plan. The proposed reforestation plan: · attempts to mimic the natural diversity in tree diameters and heights which occurs in forested areas; · provides planting materials with smaller crowns which have a greater probability of surviving in shady areas; · establishes a variety of species which have been chosen for the site based on their suitability to site conditions and current presence on the property; and · introduces greater competition for the invasive buckthorn currently dominating the understory. The intention of the plan is to plant trees which will enhance the structural diversity of the remaining forest and help maintain the forested character of the site by minimizing the area converted to lawn. Please contact me with any questions you may have or if you require additional materials. Sincerely, WESTWOODPROFESJION~~E P ~^ '1JJM6' ~~~e~:l: I Associate Environmental Scie tist cc: Homer Tompkins, CPDC, 9110 83rd. Ave. N., Brooklyn Park, MN 55445 Dick Loscheider, 1607 Florida Ave. N., Golden Valley, MN 55427 Greg Kopischke, Westwood Professional Service, Inc. Designing the future Tocay.slnce 1972 Planning Commission Meeting - November 18, 1998 CONTRACTOR PROPERTY DEVELOPERS COMPANY REQUEST FOR REZONING OF 16.4 ACRES FROM RR. RURAL RESIDENTIAL TO RSF. RESIDENTIAL SINGLE FAMILY: PRELIMINARY PLAT OF 16.4 ACRES INTO 17 SINGLE FAMILY LOTS WITH VARIANCES. THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF LAKE LUCY ROAD. JUST NORTH OF LAKE LUCY ESTATES. Kate Aanenson and Dave Hempel presented the staff report on this item. Peterson: Questions of staff? Hearing none, would the applicant like to make a presentation? Greg Kopeshke: Mr. Chairman, members of the commission, my name is Greg Kopeshke with Westwood Professional Services. It's with a bit of humble pie in our faces that we're back before you tonight. In our zealous efforts the first time around to try to be as sensitive to this site as we possibly could, we had hoped that we had anticipated all of the issues that were going to come up and obviously we didn't quite a thoroughly as we had. Some of them were site related. Some of them were some of the conditions that came out of the original approval. We had gone out to the site for instance and looked at some of the sanitary sewer coming across on Morin's property to the east and had made some minor adjustments to the road alignment in that particular location in an attempt to save some trees. Looked at some of the building pads that we had to deal with as it relates to the final grading design. That constituted the need to do some additional adjustments. The setback variance that Kate Aanenson had mentioned, as well as some additional filling and tree removal. We did have a 2/l0th of an acre percent increase in tree removal. Most of the additional tree removal was... to eliminate some anticipated tree removal down in these areas. It may even be something less.. .come back before you tonight to ask for these variances on setbacks and the other adjustments that the staff has mentioned to you. If you have any questions, we're here to answer those questions. Peterson: Are you in concurrence with the staffs recommendations this evening? Greg Kopeshke: We agree. Peterson: Other questions of the applicant? This item is open for a public hearing. May I have a motion and a second please. Burton moved, Brooks seconded to open the public hearing. The public hearing was opened. Peterson: This is a public hearing. Anyone wishing to address the commission, please come forward. Seeing none, may I have a motion to close. Conrad moved, Joyce seconded to close the public hearing. The public hearing was closed. Peterson: Commissioners. Matt, comments. Burton: None. 19 Planning Commission Meeting - November 18, 1998 Peterson: Kevin. Joyce: No comments. Peterson: Alison. Blackowiak: Yeah, I'm okay ifthere are no neighbors or you know. If they're comfortable, I'm feeling a little more comfortable. Peterson: Allyson. Brooks: No comments. Peterson: Ladd. Conrad:. . . Peterson: I also concur. With that may I have a motion please. Joyce: I'll make a motion the Planning Commission approves rezoning of 16.4 acres of property zoned RR, Rural Residential to RSF, 95-1, preliminary plat 95-3, to subdivide 16.4 acres into 17 single family lots with variances, 20 foot front yard setback for Lots 5, 7, 8, 9 and 10, Block 2, Lot 3, Block 3, a 10 percent grade and 50 foot wide right-of-way and also the variance for the five homes accessing the private street, Lake Lucy Estates as shown on the plans dated October 16, 1998 with conditions 1 through 36, striking condition 13 and adding onto condition 17( c). Redesign storm pond on Lot 7, as seen on Attachment #2 presented to us today, November 18th. Conrad: Second. Peterson: Any discussion? Joyce moved, Conrad seconded that the Planning Commission recommends approval of rezoning of 16.4 acres of property zoned RR, Rural Residential to RSF, Residential Single Family (95-1 REZ); Preliminary Plat (95-3 SUB) to subdivide 16.4 acres into 17 single family lots, with variances (a 20 foot front yard setback for Lots 5, 7, 8, 9 and 10, Block 2 and Lot 3, Block 3, a 10 percent street grade and a 50 foot wide right-of-way and five homes accessing via a private street, Lake Lucy Estates, as shown on plans dated October 16,1998, with the following conditions: 1. Type III erosion control fence shall be used adjacent to the wetlands and Type I erosion control fence shall be used adjacent to the grading limits. 2. All areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched or wood-fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 20 Planning Commission Meeting - November 18, 1998 3. All utility and street improvements shall be constructed in accordance with the latest edition of the City's Standard Specifications and Detail Plates. Detailed street and utility plans and specifications shall be submitted for staff review and City Council approval three weeks prior to final plat consideration. 4. Wetland buffer areas shall be surveyed and staked in accordance with the City's wetland ordinance. The developer shall install wetland buffer edge signs before the City accepts the utilities and will charge the applicant $20 per sign. 5. The applicant shall provide detailed storm sewer calculations for 10 year and 100 year storm events and provide ponding calculations for stormwater ponds in accordance with the City's Surface Water Management Plan for the City Engineer to review and approve prior to final plat approval. The applicant shall provide detailed pre-developed and post- developed storm water calculations for 100 year storm events and normal water level and high water level calculations between each catch basin segment will also be required to determine if sufficient catch basins are being utilized. In addition, water quality ponding design calculations shall be based on Walker's Pondnet model. 6. The applicant shall enter into a development contract with the City and provide the necessary financial security to guarantee compliance with the terms of the development contract. 7. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County, Watershed District, Metropolitan Waste Control Commission, Health Department, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers and Minnesota Department of Transportation and comply with their conditions of approval. 8. The appropriate drainage and utility easements should be dedicated on the final plat for all utilities and ponding areas lying outside the right-of-way. The easement width shall be a minimum of 20 feet wide. Consideration shall also be given for access for maintenance of the ponding areas. A 50 foot wide drainage and utility easement will be required over the utilities located within Lakeway Court. 9. No berming, retaining walls or landscaping will be allowed within the right-of-way. 10. The lowest floor elevations of all buildings adjacent to the wetlands or storm water ponds shall be a minimum of two feet above the 100 year high water level. 11. A stormwater quality pond shall be provided on site to pretreat runoff prior to discharging into the wetlands. The stormwater pond must have side slopes of 10: 1 for the first ten feet at the normal water level and no more than 3:1 thereafter or 4:1 throughout for safety purposes. The stormwater pond shall be designed and constructed with a 75% phosphorus removal efficiency. A landscaped plan providing upland and wetland plants to naturally blend the pond into the surroundings is recommended. 21 Planning Commission Meeting - November 18, 1998 12. Existing wells and/or septic systems on site will have to be properly abandoned in accordance with City and Minnesota Department of Health codes/regulations. The existing home (Tichy) on Lot 4, Block 3 shall be connected to the City's sanitary sewer system within 30 days after the system becomes operational. Connection to city water is not required unless the well on Lot 4, Block 3 fails. 13. The applicant shall report to the City Engineer the location of any drain tiles found during construction and shall relocate or abandon the drain tile as directed by the City Engineer. The construction plans shall include a drain tile system in street behind the curbs and gutters on those lots which are not adjacent to a wetland or storm pond. 14. All lots shall take direct access to the interior street system and not Lake Lucy Road. Lot 4, Block 3 may relocate their driveway from Lake Lucy Road to Lakeway Drive. If the driveway is relocated to Lakeway Drive, the street address for this lot shall be changed accordingly. 15. Lots 1 through 3, Block 1, Lots 1 and 2, Block 2, and Lots 1 through 3, Block 3 shall be custom graded at time of building permit issuance. A detailed grading (with two-foot contours), drainage, tree removal and erosion control plan shall be submitted with the building permit application for review and approval by the City Engineer prior to issuance of a building permit for the lot. 16. The grading and drainage and construction plans shall be revised incorporating the following changes that conform better with the existing grades and minimize grading and tree loss: a) Tree protection fencing. b) Raise lowest floor elevation on the following lots: Lot 4, Block 2: 964:0 Lot 5, Block 2: 963.0 Lot 6, Block 2: 964.0 Lot 7, Block 2: 966.0 c) Redesign stormwater pond on Lot 7, Block 2 as shown on Attachment #2. d) Raise garage elevations on Lot 7, Block 2 to 976.0 and on Lot 10, Block 2 to 978. e) End construction limits on Lakeway Lane 15 feet from west property line and raise street grade on Lakeway Lane to 3.00%. f) Incorporate revised turnaround on Lakeway Court. g) Label height of retaining walls. 22 Planning Commission Meeting - November 18, 1998 h) Provide drain tile behind the curb for those lots not adjacent to wetlands or stormwater pond. i) Consider reducing fill limits on Lots 4 and 5, Block 2 to 20 feet from front property line. j) Add outlet control structure to pond. k) Provide sanitary sewer and water service to parcel to the west (Randall) per staff. 1) Type III erosion control fence shall be used adjacent to all wetlands. Add rock construction entrance and sediment protection for all storm sewer inlets. m) Reduce street widths on Lakeway Drive and Lane to 31 feet back to back of curb. 17. Preliminary and final plat approval shall be contingent upon sanitary sewer service being extended to the plat from the Coey property (Pointe Lake Lucy) to this site and the applicant obtaining a drainage and utility easement from the Morins. 18. All private street shall be designed and constructed in accordance to City Ordinance No. 209 and a turnaround acceptable to the City's Fire Marshal. A private maintenance agreement and access easement shall be provided for all parcels served by a private street(s) (including the Morin parcel). 19. The developer shall extend utilities to the parcel to the west through a location determined by the City. Temporary barricades shall be placed at the end of Lakeway Lane. A sign shall be placed on the barricades indicating "this street shall be extended in the future". A condition will also be placed in the development contract to inform all property owners in Lake Lucy Estates of this street extension. 20. A variance to the City's private street ordinance to allow up to 5 homes to access Lakeway Court, 10% street grade on Lakeway Drive and 50 foot right-of-way throughout except for the cul-de-sac is recommended. 21. The applicant or their assignee shall submit a haul route and traffic control plan to the City Engineer for review and approval prior to site grading commencing. 22. Individual sewer and water services to the lots shall be field verified to determine the path of least impact to the streets. 23. The applicant shall be entitled to a refund (up to 90% depending on construction costs) ofa portion of future sewer connection charges collected from Morin's parcel when building permits are issued. 24. The proposed single family residential development of 11.48 net developable acres is responsible for a water quality connection charge of $9,184 and a water quantity fee of 23 Planning Commission Meeting - November 18, 1998 $22,730. The water quality fee will e waived upon the applicant meeting MRUP design for on site runoff. These fees are payable to the City prior to the City filing the final plat. 25. The applicant shall plant 72 trees as replacement/reforestation plantings. The number of replacement trees could increase based upon the level of grading on the site. Trees shall be selected from the city's Approved Tree List and meet minimum size requirements. A landscape plan shall be submitted to the city for approval. Included in the plan shall be location, species and size of replacements. 26. Tree removal limits shall be established 20 feet from the building pad for all custom graded lots, once the type of home is designated. Tree protection fencing must be installed at the limits and maintained throughout construction. 27. No berming or landscaping will be allowed within the right-of-way. The applicant shall work with the City in developing a landscaping replacement plan on the site and along Lake Lucy Road right-of-way. The vegetated areas which will not be affected by the development will be protected by a conservation easement. The conservation easement shall permit removal of dead or diseased vegetation. All healthy trees over 6" caliper at 4' height shall not be permitted to be removed. 28. A snow fence shall be placed along the edge of tree preservation easements prior to grading. 29. Building Department conditions: a. Obtain demolition permits. This should be done prior to any grading on the property. b. Obtain building permits from the Inspections Division for retaining walls over 48" high. Revise Grading and Drainage Plan to indicate lowest floor level elevation, top of foundation elevation and garage floor elevation. This should be done prior to final plat approval. 30. Fire Marshal conditions: a. At the east end of Lake Way Court provide an approved turnaround for fire apparatus. Pursuant to 1991 Uniform Fire Code, Section 1O.204(D). b. Relocate the existing hydrant that is located on Block 8 on the south side of Lake Way Court to the north side of Lake Way Court on Block 2. c. With reference to Block 2, Lot 6, if structure is not visible from the street, additional address numbers will be required at driveway entrance. Pursuant to Chanhassen Fire Permit Policy Premise Identification No. 29-1992. 31. Full park and trail fees shall be collected per city ordinance in lieu of land acquisition and/or trail construction. 24 Planning Commission Meeting - November 18, 1998 32. The buffer on Lot 5, Block 2 shall be adjusted so that there is a smoother transition along the Lot 5 property line. 33. Lots 4 and 5, Block 2 are encouraged to share a dock to minimize impact on the wetlands. 34. Cross-access and maintenance agreements will need to be prepared for use of the private driveway including the Morin's parcel. 35. A cross access easement agreement prepared for the use of the private driveway including the Randall parcel. All voted in favor and the motion carried. PUBLIC HEARING: CONSIDER AN AMENDMENT TO THE CITY CODE TO SECTION 20-913(C). LIGHTING TO REGULATE THE HEIGHT. SPACING AND TYPE OF LIGHT FIXTURES. Cynthia Kirchoff presented the staff report on this item. Peterson: So you'd come back if necessary. Aanenson: We'll come back with an ordinance, yeah. But I mean if you want changes that you want to make. Otherwise we'd just leave it. Peterson: Questions of staff? Comments? Blackowiak: I have a couple questions Mr. Chairman. First you have two possible number ones. Overall 30 feet. Or the staggered 20,25,30. Does staffhave a preference as to which of those you'd like to see in an ordinance? Kirchoff: Not necessarily a preference but maybe a further explanation of either choice. The 30 would not place may be excessive restrictions on the type of developments. Residential. If 20 foot high fixtures are necessary, then they may have to get a variance or some format like that. Having the second option, like I said would be allowing the lights to be more in proportion with development rather than having 30 foot lights and you know 12 foot or 15 foot buildings. So it'd be more proportionate with what is, what the buildings are. Blackowiak: And then I have a comment on number 4. It talks about exemption from requirements. Unless work is proposed in anyone year period so as to replace 50% or more of the existing outdoor light fixtures or to increase to the extent of 50% or more the number of outdoor light fixtures. And at that point I would suggest maybe adding something, not only dealing with the number of fixtures but also the quantity oflight. Because you could have comer fixtures on the street and somebody comes with two massive ones that kind of blow everything 25 .32 r- :.2: s I ..............-..L~"/ I <l~-=-26 <?,........ I "/?~ I 1 I I I I 1 ({) 1 n sl ({) . Ie:;; ~I I 2 ~I 1 R-I I :' 1 1 I 1 \ I 1 I I I I J L__----.J 90.04 /.' N 00024'23" E - -..../ X 1\1 <......... "Il:~ ;)"0<.--: _ " L< <6''" - ...., '[ ~ /" 9 I..~N /. , . l",IF / / ,{,v ~/ / .- , ... \ /" ... . \ J '.. ,~ l ' --, \ } ....._..1 .., .' , ; 1342 . 1320 . 8 ~ "J' " ~<l~40 45' - 56' 45" 47" ~ .72 r - - L:::72 I - 75 <l ~ -:. ..:! 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