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3 Subdivision 8800 Powers Blvd.CITY OF PC DATE: 11/6/01 CC DATE: 11/26/01 CASE #: 97-12 SUB z: RG, MS, ST, ML:v STAFF REPORT Z <I: PROPOSAL: LOCATION: APPLICANT: Request for a land use plan amendment from Residential Large Lot to Residential -. Low Density; request for rezoning of LOt 2, Block 1, Hillside Oaks, from Agricultural Estate District, A-2, to Single Family Residential District, RSF; and subdivision with a variance for a private street of Lot 2, Block 1, Hillside Oaks, into 6 lots, Powers Circle 8800 Powers Boulevard, LOt 2, Block 1, Hillside Oaks Arild Rossavik 8800 Powers Boulevard Chanhassen, MN 55317 (952) 448-4844 PRESENT ZONING: Agricultural Estate District, A2 ACREAGE: 3.72 acres DENSITY: 1.82 net, 1.61 gross ADJACENT ZONING AND LAND USE: N - A2, existing house S - A2, existing house E - PUD, open space as part of the Lake Susan Hills development W - PUD, single family homes of the Lake Susan Hills development WATER AND SEWER: Available to the site. PHYSICAL CHARACTER: The site has significant topographic changes from a high of 960 elevation in the northwest to a low point of 898 elevation in the southeast comer of the parcel. Drainage ravines are located on the west and southwest comer of the property. Wooded areas are located in the southwest comer of the site. 2000 LAND USE PLAN: Residential Large Lot 5 ~ Blvd (C.R. 18) Powers Circle March 18, 2003 Page 2 PROPOSAL/SUMMARY The applicant is requesting a land use plan amendment from Residential Large Lot to Residential Low Density and rezoning of Lot 2, Block 1, Hillside Oaks, from Agricultural Estate, A-2, to Single Family Residential, RSF, to permit the subdivision of LOt 2, Block 1, Hillside Oaks, with a variance to permit a private street creating 6 lots for a development known as Powers Circle. As part of the 1980 Chanhassen Comprehensive Plan, this parcel as well as the rest of Hillside Oaks subdivision was guided for Residential Low Density. After Hillside Oaks final plat was approved and in exchange for MUSA expansion elsewhere, this property was re-guided for estate type development. However, as part of the original plat, it was envisioned that when urban services became available, this property would redevelop, but with larger lots. This property and the lot to the north are separate from the balance of the Hillside Oaks development and are served via a shared driveway off Powers Boulevard. LOw Density Residential Development in the Lake Susan Hills PUD surrounds these properties on three sides. As part of the upgrade of Powers Boulevard, sewer and water services were extended down to Lyman Boulevard to serve abutting parcels. Redevelopment of the properties would assist in paying for these public improvements. Redevelopment of these parcels would use existing public facilities, rather than requiring the extension of additional trunk sewer and water lines. Powers Boulevard is a collector roadway and will continue to carry high volumes of traffic. The applicant is providing access for the future redevelopment of the property to the north. All of the proposed public street and right-of-way have been contained on the applicant's property. In addition, the development will provide service stubs for the connection of the property to the north to city sewer and water services. The three lots abutting Powers Boulevard are too small considering that Powers Boulevard is a collector roadway and will carry high traffic volumes in the future. Additionally, Lot 2 does not meet the minimum lot width requirements of 100 feet and to get sufficient lot width, the area of LOt 1 would be reduced below 15,000 square feet. Therefore, staff is recommending that these three lots be combined into two lots with the lot line located where proposed Lots 4 and 5 common lot line is located. The turn-around for the private street could be moved to the north in the location of the lot line, reducing impervious surface coverage. Drainage ravines are located on the west and southwest corner of the property and could significantly impact proposed Lot 4. Bluffs, as defined by city ordinance, encompass these ravine areas, extending down to the 916 contour elevation. The ravine on LOt 4 is encompassed completely within the conservation easement on the lot. The bluff extends approximately 30 feet beyond the conservation easement on LOt 5 where the existing house is located. Powers Circle March 18, 2003 Page 3 The comprehensive plan policies state: Encourage low density residential development in appropriate areas of the community that reinforces the character and integrity of existing single family neighborhoods while promoting the establishment of new neighborhoods of similar quality. This site serves as a transition area between different densities of low density residential, with low density residential development all around the site. Development should be phased in accordance with the ability of the city to provide services. Development should occur in areas where services are available before extending services to new areas. A sanitary sewer lift station was installed across Powers Boulevard to service this area. The lift station is currently not used. The availability of an adequate sanitary sewer system is a primary consideration in the utilization of land for urban purposes. New residential development shall be discouraged from encroaching upon vital natural resources or physical features that perform essential protection functions in their natural state. The proposed development will provide a conservation easement over the steep slopes trees. The City of Chanhassen is committed to providing a variety of housing styles with housing available for people of all income levels. The City.of Chanhassen supports a balanced housing supply including the provision of estate type homes. Staff is recommending approval of the Land Use Map Amendment, rezoning and preliminary plat subject to the conditions of the staff report. Staff concurs with the 1980 Chanhassen Comprehensive Plan which guided this parcel as well as the rest of Hillside Oaks subdivision for Residential Low Density. As part of the Hillside Oaks subdivision, it was envisioned that when urban services became available, this property would redevelop. While staff would prefer that both lots redevelop simultaneously, it may be that the property owners have different time frames. BACKGROUND February 1972. The property was zoned R-lA, Agricultural Residence District as part of the original city zoning. July 1980. The property was granted preliminary approval for a Planned Residential development as part of the preliminary development plan for Lake Susan West P.R.D. Since a final plat was never filed on the project, the approved rezoning was never filed or published. May 7, 1984. Final plat approved for Hillside Oaks Subdivision (84-2 Subdivision). Powers Circle March 18, 2003 Page 4 September 7, 1984. The City approves a land use map amendment from Residential Low Density to Agricultural and deletes the property from the MUSA in exchange for 22 acres of industrial land (McGlynns) and 7.3 acres of residential land northeast of Lake Minnewashta. February 1987. Property rezoned to A-2, Agricultural Estate District as part of comprehensive rezoning of the city. February 1991. Property brought back into the Metropolitan Urban Service Area (MUSA) and guided for Residential Large Lot, due to the existing development of the property. Summer, 1997. Property owners for Lots land 2 brought in preliminary plat for Lots 1 and 2, Block 1, Hillside Oaks including a land use map amendment and rezoning to single family residential. The property owner for LOt 1 decided not to go forward with the project and the application was withdrawn. February 23, 1998, the City Council: · denied a request for a Land Use Map Amendment from Residential - Large LOt to Residential Low Density for Lot 2, Block 1, Hillside Oaks. denied a request for rezoning from A-2, Agricultural Estate District, to RSF, Single Family Residential, for Lot 2, Block 1, Hillside Oaks, due to inconsistency with the comprehensive plan. · denied a preliminary plat of Subdivision 97-12 creating six lots for the Powers Circle Addition subject to not complying with the land use designation and zoning requirements. November 26, 2001, the Chanhassen City Council voted to: · Deny the Land Use Map Amendment from Residential - Large Lot to Residential Low Density for Lot 2, Block 1, Hillside Oaks. · Deny the rezoning from A2, Agricultural Estate District to RSF, Single Family Residential for Lot 2, Block 1, Hillside Oaks, due to inconsistency with the comprehensive plan. · Deny the preliminary plat of Subdivision 97-12 creating six lots for the Powers Circle Addition subject to not complying with the land use designation and zoning requirements. Powers Circle March 18, 2003 Page 5 APPLICABLE REGULATIONS Chapter 18, Subdivisions Sections 20-41 through 20-45, Amendments Section 20-571 through 20-576 Agricultural Estate district regulations Section 20-611 through 20-616, RSF district regulations Section 20-1400 through 20-1407, Bluff Protection SUBDIVISION REVIEW GRADING Approximately two-thirds of the site is proposed to be graded for the house pads and street layout. The existing topography contains a very steep, partially wooded slope along the westerly portion of the site. The westerly portion of the site contains a variety of trees, shrubs and conifers. In addition, two drainage ravines also intersect the parcel on this west slope. While previous upstream development has decreased the amount of runoff that flows through the ravines, they still act as a conduit to neighborhood drainage and need to be preserved. In an attempt to preserve the drainage ravines, the applicant has proposed drainage and utility easements over the ravines in Lots 4 & 5. Staff believes this is a good way to protect the ravines and would only recommend that the house pad for Lot 4, as shown on the grading plan, be moved 20 to 30 feet to the south and the easement for the northern ravine be extended to the private street. ,-By moving the LOt 4 house pad, there will be additional room on the north side of the lot to grade in a swale for the ravine drainage. Additionally, staff is recommending that the house pad for Lot 6 be moved closer to the front of the lot. This would minimize the amount of grading and tree removal on LOt 6. This lot is proposed to be "custom graded." As such, a detailed grading, drainage, tree removal and erosion control plan will be required at the time of building permit application for staff review and approval. The rear house pad elevation for Lots 4 & 6 must be shown on the grading plan as well. This development is adjacent to Powers Boulevard (County Road 17), which is listed as a collector street in the City's Comprehensive Land Use Plan. According to City Code, the development will require screening of the adjacent lots from Powers Boulevard. The applicant has proposed a combination of landscaping and separated berms to accomplish the screening. The separated berms will provide openings for the runoff to drain out to Powers Boulevard as it does today. Staff has some concerns with the berming and drainage in the rear yard area of Lot 1. There is less than ten feet of space between the back of the house pad and the berm on LOt 1. In the opinion of staff, this does not leave sufficient room for both a usable backyard and a drainage swale, which is proposed to convey stormwater from the northeast comer of the house pad to the southeast comer. Staff always recommends that there be a minimum of 20-feet off the rear house pad of lots with a maximum slope of 10:1. This ensures that homeowners will get a usable backyard area. In Powers Circle March 18, 2003 Page 6 addition, the Lot 1 house pad does not meet the 60-foot by 60-foot square requirement. For these reasons, staff is recommending that Lot 1 be eliminated and LOt 2 be moved to the north. This will provide plenty of room for berming, drainage, and a usable backyard for the future lot owners. A retaining wall is proposed along the north side of Powers Circle. The retaining wall is shown within the proposed right-of-way. Normally, retaining walls are not permitted within the City's right-of-way. In addition, a future street stub for the property to the north is shown on the preliminary plat as going through the center of the wall. To that end, Staff is recommending that the applicant revise the proposed street grades in order to eliminate the retaining wall. It appears that fill material will need to be imported to construct the lots and streets. The applicant and/or contractor must supply the City Engineer with a haul route for review and approval prior to grading activities commencing. Also, the rear yard area of Lot 3 appears to trap water. This area needs to be revised to ensure that stormwater can drain away from the house and to the south. The applicant should be aware that any grading outside of the property limits will require a temporary easement. DRAINAGE The existing site drains from west to east onto Powers Boulevard where an existing storm drainage system collects stormwater runoff and cames it north to a stormwater quality pond for pretreatment prior to discharging into a downstream wetland. The pond has been sized for development of this site and, as such, no on-site pond will be required for this development. The parcel was not assessed for any storm drainage improvements with the Powers Boulevard project and therefore will be responsible for surface water management fees. The plans propose two catch basins to convey stormwater runoff from Powers Circle into the existing drainage system in Powers Boulevard. Staff is recommending that an additional catch basin and storm sewer line be added at the south end of the private street. This catch basin will collect the runoff from the private street and prevent it from draining onto the neighboring lot to the south. In addition, storm drainage calculations for a 10-year and 100-year, 24-hour storm event must be submitted for review and approval along with a drainage area map. EROSION CONTROL Erosion control measures and site restoration shall be developed in accordance with the City's Best Management Practice Handbook (BMPH). Silt fence is shown along the majority of the site perimeter where stormwater and sediment can run off the site. A rock construction entrance has been shown at the proposed street access off of Powers Boulevard. This rock entrance must be increased to a minimum of 75-feet in length, in accordance with City specifications. In addition, tree preservation fencing needs to be added around any and all trees to be saved. Powers Circle March 18, 2003 Page 7 UTILITIES There is an existing home on the site which utilizes a well and septic system. Upon installation of the public utilities, the existing house will be required to abandon the septic tank and connect to the public sanitary sewer. The applicant will have the option of doing the same with the existing well. In the meantime, the existing septic and well locations need to be shown on the plans so they can be protected during construction. The site has not been previously assessed for utilities. As such, the site will be subject to one sanitary sewer and water connection charge for the installation of the existing stubs to the site. The 2003 connection charges for both sanitary sewer and water are $4,513. The connection charges will be applied toward the first building permit that is pulled for the site. The property is also subject to sanitary sewer and water hook-up charges for all of the lots. The 2003 trunk utility hook-up 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. In addition, since the property is within the Lake Ann sewer district, a sewer interceptor charge of $1,100 per unit and a sub-trunk charge of $902 per unit will be due on each lot. These charges are collected prior to each building permit issuance. In conjunction with the Powers Boulevard project municipal sewer and water service was extended to serve this parcel and the one to the north. An 8-inch sewer line has been extended out along the northerly lot line of the site from Powers Boulevard. The plans propose on extending the sanitary line into the site and then going south to serve the lots. A 6-inch watermain is also proposed to be extended into the site along Powers Circle and then along the private street and terminating. Staff is recommending that a public sanitary sewer and water main be stubbed off of the cul-de-sac for future development of the property to the north. Upon installation of these utilities, the house to the north will be within 150 feet of the sanitary sewer. As per City Code Section 19-41 (a), this house will then be required to connect to the sanitary sewer system within twelve months of the sewer becoming available. Since all of the lots will have a lowest floor elevation of 930 or less, in-home pressure reducing valves will be required on all lots. Utilities along the private street will need to have a drainage and utility easement dedicated over them. The minimum width will be 30-feet depending on the utility depth. The rear yard storm sewer will also need to have a minimum 20-foot wide easement dedicated over it. Detailed utility construction plans and specifications in accordance with the City's latest edition of Standard Specifications and Detail Plates will be required for review and approval by the City Council at time of final plat consideration. Since the utilities and part of the street improvements will become owned and maintained by the City, the applicant must enter into a development contract with the City and provide financial security in the form of a letter of credit or cash escrow Powers Circle March 18, 2003 Page 8 to guarantee construction of the public improvements. Permits form the appropriate regulatory agency will be required, including but not limited to: Watershed District, MPCA, Dept. of Health, Carver County, etc. STREETS Access to the site is proposed by both a public street (Powers Circle) and a private street to serve up to four of the lots (2, 3, 4 and 5). Based on the surrounding parcels, there appears to be no need to extend a public street to the south. The adjacent parcel has access from Oakside Circle immediately south of the development. The parcel to the north will have access from Powers Circle. The plans propose to construct a new driveway entrance off of Powers Circle for the parcel to the north. The preliminary plat also shows a future street access to the north. Staff is recommending that this street be stubbed out to the property line and constructed with this project. Staff would also recommend that the driveway entrance be revised to come off of the new stub street. The public street width and right-of-way for Powers Circle per City ordinance must be 31-feet back-to-back within a 60-foot wide right-of-way. The plans propose a 31-foot wide face-to-face street within a 60-foot wide right-of-way. Therefore, the street width must be reduced to 31-feet back-to-back. Also, the City's maximum street grade is 7%. There is a portion of Powers Circle on the grading plan that is greater than 7%. This section will have to be revised to comply with the 7% maximum. The private street must be paved to a minimum width of 20-feet and built to a 7-ton design. A turnaround area, acceptable to the City's Fire Marshal, must be provided at the southerly end of the private street. The private street must be located within a 30-foot wide private easement and dedicated to the benefiting property owners. Access to the site from Powers Boulevard does have a right turn lane provided. Therefore, no additional turn lanes will be necessary. As a result of this project, both homes will be required to change addresses to correspond to the new street name. In addition, pedestrian ramps will be required where Powers Circle crosses the existing Powers Blvd. trail. LANDSCAPING/TREE PRESERVATION The applicant has not submitted tree preservation calculations. Staff has approximated tree canopy coverage and preservation calculations for the Powers Circle development. They are as follows: Total upland area (including outlots) Total canopy area (excluding wetlands) Baseline canopy coverage Minimum canopy coverage allowed Proposed tree preservation 3.7 ac or 162,205 SF 1.07 ac or 46,475 SF 29% 30% or 48,662 SF 20% or 31,868 SF Powers Circle March 18, 2003 Page 9 The applicant 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 16,794 SF 1.2 20,153 SF 19 trees Buffer yard plantings are required along Powers Boulevard as follows: I Required I Pr°P°sed East property line - I 6 overstory 0 overstory buffer yard B I 13 understory 16 understory I 18 shrubs 0 shrubs Staff recommends that the developer provide evergreens at the south end of the proposed private street to help screening of headlights for the property to the south. The turnaround shall be set back at least 15 feet from the south property line. Trees shall be planted in a staggered pattern every 15 feet along the length of the turn-around. A landscape plan must be submitted to the city for approval. Included in the plan shall be location, species and size of replacement and buffer yard plantings. All plants must meet minimum size requirements. WETLANDS There are no wetlands on this site. BLUFFS Two areas on the property have been identified as bluff (i.e., slope greater than or equal to 30% and a rise in slope of at least 25 feet above the toe) on Lots 4 and 5. The toe of the bluff is at the 916 contour and the top at the 948 contour. These areas must be preserved. In addition, all structures must maintain a 30-foot setback from the bluff and no grading may occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). The bluff areas and corresponding 30-foot setbacks should be shown on the grading plan. SURFACE WATER MANAGEMENT PLAN (SWMP) As part of the Powers Boulevard Construction project, the City built water quantity and water quality ponds to service this area under ultimate development conditions. The proposed project Powers Circle March 18, 2003 Page 10 should not alter existing overland storm water drainage patterns or rates. Particular attention should be paid to maintaining the storm water drainage patterns and rates on Lot 4 and ensuring there is adequate infrastructure and/or area to accommodate the runoff coming down the ravines onto that property. Water Quality Fees The SWMP established a water quality connection charge for each new subdivision based on land use. Dedication is equal to the cost of land and pond volume needed for treatment of the phosphorus load leaving the site. The water quality charge for single-family resident developments is $949 per acre. SWMP fees for this proposed development are based on a total developable land area of 3.7 acres. Therefore, the applicant is required to pay $3,511 in water quality fees. Water Quantity Fees The SWMP established a connection charge for the different land uses based on an average citywide rate for the installation of water quantity systems. This cost includes land acquisition, proposed culverts, open channels and storm water ponding areas for runoff storage. Single-family residential developments have a connection charge of $2,348 per developable acre. The total net area of the property is 3.7 acres. Therefore, the water quantity connection charge is $8,688. The total SWMP fees of $12,199 are due payable to the City at time of final plat recording. SWMP Credits Because the City incorporated the storm water volumes resulting from the ultimate development of this site into the Powers Boulevard Construction project, the project is not eligible for SWMP credits. OTHER AGENCIES The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g., Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency, Army Corps of Engineers) and comply with their conditions of approval. INDIVIDUAL SEWAGE TREATMENT SYSTEM Onsite utilities. The existing well may continue to be used on future Lot 5 after City utilities are provided to the lot. A licensed well abandonment contractor must abandon the well if its use is discontinued. Powers Circle March 18, 2003 Page 11 The existing ISTS (individual sewage treatment system) must remain undisturbed until the existing home is connected to City sewer. The system should be located 'and protected before site grading begins. The septic tank for the ISTS must be properly abandoned by a licensed ISTS pumper. Abandonment includes pumping, removing or destroying the tank and filling the excavation or the destroyed tank. Proof of abandonment must be furnished to the Inspections Division before issuance of any building permits in the subdivision. Soils Report. Before building permits can be issued a soils report showing details and locations of house pads and verifying suitability of natural and fill soil is required. The soils report should include lot-by -lot tabulations for land development with controlled earthwork prepared according to HUD Data Sheet 79G. This information is required in order to be able to review building plans. Addressing. The house directly to the north of the proposed subdivision will be accessed from Powers Circle. This new driveway location will require an address change for that home. The existing home within the proposed subdivision will also require an address change. PARK AND RECREATION The subdivision of Lot 1, Block 1 Hillside Oaks results in an increased demand on City park and trail services. The five new homes will be required to pay full park fees as a condition of the subdivision (5 x $2,400). The existing home is exempt from this requirement. The project site lies within the park service areas of Power Hill Park, Prairie Knoll Park and Lake Susan Park Preserve. This property connects directly to the City's trail system at Powers Boulevard. No other park and recreation conditions apply. COMPLIANCE TABLE Area (sq. ft.) Frontage (ft.) Depth (ft.) Setbacks (ft.): front, rear, sides Code 15,000 90, 100 if 125 30, 30, 10 accessed via a private street Lot 1 15,155 109 152 30, 30, 10 Lot 2 15,124 95 (NC) 152 30, 30, 10 Lot 3 15,594 101 162 30, 30, 10 LOt 4 41,845 150 271 30, 30, 10 @ Lot 5 35,281 60 # 260 30, 30, 10 @ Lot 6 19,889 168 202 30, 30, 10 @ Powers Circle March 18, 2003 Page 12 ROW 18,917 Total 162,205 NC = nonconforming @ = conservation easement proposed over portion of property. #Exceeds 90 feet at the building setback line. In order to correct the lot width for Lot 2 to 100 feet at the private street, staff believes that the lot area for Lot 1 will be reduced to below 15,000 square feet. Since the three lots along Powers Boulevard only minimally met the district regulations, staff is recommending that they be combined into two larger size lots of 22,000 square feet. REZONING/COMPREHENSIVE PLAN The existing land use designation of the property is for Residential Large Lot. This area has been developed with single homes on larger lots. The parcel abuts a collector roadway. Chanhassen is a high amenity community. One of the amenities is that we have a range of residential land uses from large lot to high density. Maintaining this mixture is one of the city's goals. In addition, the community highly regards its natural environment including trees, slopes, vistas, and uncluttered open spaces. The development, as proposed, significantly impacts these features. Hillside Oaks was developed as a Large LOt development and has maintained that character. SUBDIVISION FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The proposed subdivision does not meet all minimum ordinance requirements for RSF zoned properties. Lot 2 requires a minimum width of 100 feet. The proposed development does not meet the requirements of the A2 district. o 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 development is consistent with the intent of the comprehensive plan. . 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; Powers Circle March 18, 2003 Page 13 Finding: The proposed site is suitable for development subject to revisions to the development plan specified in this report. The applicant is proposing conservation easements over the western portion of the development to preserve the trees and steep slopes. . 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 would be served by adequate urban infrastructure. 5. The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause significant environmental damage to site topography through grading and removal of vegetation. Restrictions on the housing types will reduce the developments impacts on natural features and abutting property. 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. . The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. Lack of adequate roads. Lack of adequate sanitary sewer systems. Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision is provided with adequate urban infrastructure. However, as stated previously, it has been the policy of the city that if a majority of property owners in an existing area came in requesting land use amendments, rezoning, or intensification of uses, the city would consider the request in a more positive light. From that standpoint, this project may be premature. Powers Circle March 18, 2003 Page 14 VARIANCE FINDINGS WITHIN SUBDIVISONS The city may grant a variance from the regulations of the subdivision ordinance as part of the plat approval process following a finding that all of the following conditions exist: 1. The hardship is not a mere inconvenience. The proposed private street preserves significant site features. 2. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land. 3. The conditions upon which the request is based are unique and not generally applicable to other property due to the site features. . 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. PRIVATE STREET FINDINGS (1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. (3) The use of the private street will permit enhanced protection of the city's natural resources in this instance site topography and forested areas. REZONING FINDINGS The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 2. The proposed use is compatible with the present and future land uses of the area. Powers Circle March 18, 2003 Page 15 3. The proposed use conforms to all performance standards contained in the Zoning Ordinance. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. 5. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. 6. Traffic generation by the proposed use is within capabilities of streets serving the property. RECOMMENDATION Staff recommends that the Planning Commission adopt the following motions: "The Planning Commission approves the Land Use Map Amendment from Residential - Large Lot to Residential Low Density for Lot 2, Block 1, Hillside Oaks." "The Planning Commission approves the rezoning from A2, Agricultural Estate District to RSF, Single Family Residential for Lot 2, Block 1, Hillside Oaks." "The Planning Commission approves the preliminary plat of Subdivision 97-12 creating five lots for the Powers Circle Addition subject to the following conditions: 1. The developer shall pay the City applicable GIS and recording fees. . A preservation easement shall be recorded over the westerly portion of the site to preserve topography and trees. This easement shall include land west of a line beginning at a point on the south line of Lot 4, 80 feet east of the westerly property line, to a point on the north property line of Lot 4, 180 ft. east of the westerly property line; and west of a line beginning at a point on the south line of Lot 5, 180 feet east of the westerly property line, to a point on the north property line of Lot 5, 50 feet east of the westerly property line; and west of a line beginning at a point on the south line of Lot 6, 50 feet east of the westerly property line, to a point on the north property line of Lot 6, 50 feet east of the westerly property line, there terminating. o A 10-foot clear space must be maintained around fire hydrants i.e., street lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and transformer boxes. This is to ensure that fire hydrants can be quickly located and safely operated by firefighters (Pursuant to Chanhassen City Ordinance #9-1). Powers Circle March 18, 2003 Page 16 , There will be no parking allowed along one side of the new proposed road. Fire lane signs will be installed by the developer per requirements set forth by Chanhassen Fire Department/Fire Prevention Division Policy #6-1991 and Section 904-1 1997 Minnesota Uniform Fire Code. o No burning permits will be issued for trees to be removed. Trees and brush must either be removed from site or chipped. ° The proposed new driveway extending south from the cul-de-sac is in excess of 150 feet. Per 1997 Minnesota Uniform Fire Code Section 902.2.2.4, dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for turning around of fire apparatus. Exception: When buildings are completely protected with an approved automatic fire sprinkler system the provisions of the turn around may be modified by the Fire Department. Contact Chanhassen Fire Marshal for more information regarding the exception. . The applicant shall submit a landscaping plan showing 19 trees as replacement plantings. Each lot is required to have a minimum of three overstory, deciduous trees. Plan shall specify size, species, and locations. No one species may account for more than one-third of the total required. ° Buffer yard plantings must meet minimum requirements: 6 overstory, 13 understory, and 18 shrubs. o The developer shall provide evergreens at the south end of the proposed private street to provide screening of headlights for the property to the south. The turnaround shall be set back at least 15 feet from the south property line. Trees shall be planted in a staggered pattern every 15 feet along the length of the turnaround. 10. All areas with trees outside of grading limits shall be protected by tree preservation fencing. Fencing shall be installed prior to grading and excavation for homes on each lot. 11. All bluff areas shall be preserved. All structures shall maintain a 30-foot setback from the bluff and no grading shall occur within the bluff impact zone (i.e., the bluff and land located within 20 feet from the top of a bluff). The bluff areas and corresponding 30- foot setbacks shall be shown on the grading plan. 12. The proposed project shall not alter existing overland storm water drainage patterns or rates. Particular attention shall be paid to maintaining the storm water drainage patterns Powers Circle March 18, 2003 Page 17 and rates on Lot 4 and ensuring there is adequate infrastructure and/or area to accommodate the runoff coming down the ravines onto that property. 13. Based on the proposed developed area of approximately 3.7 acres, the water quality fees associated with this project are $3,511; the water quantity fees are approximately $8,688. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $12,199. 14. The applicant shall apply for and obtain permits from the appropriate regulatory agencies (e.g. Riley-Purgatory-Bluff Creek Watershed District, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources, Army Corps of Engineers) and comply with their conditions of approval. 15. Existing well and septic site shall be protected during construction and properly abandoned in accordance with City Code and the Minnesota Department of Health once the sewer and water lines become operational and are accepted by the City. 16. Each lot must be provided with separate sewer and water services. 17. Retaining wall over 4' high require a permit and must be designed by an engineer licensed in the State of Minnesota. 18. The existing driveway to the parcel to the north shall be modified to adapt to the new street (Powers Circle). The developer shall be responsible for all costs associated with the modifications, including the relocation of the fire hydrant and street light pole at the entrance to the site. 19. The private street must be paved to a minimum width of 20-feet and built to a 7-ton design. A turnaround area, acceptable to the City's Fire Marshal, must be provided at the southerly end of the private street. The private street must be located within a 30-foot wide private easement and dedicated to the benefiting property owners. 20. Provide a copy of a final soils report for all building pads. The report should include 79G lot-by-lot tabulations. 21. The developer shall pay full park fees pursuant to city ordinance at the time of final plat recording. 22. Lot 6 shall be designated as a "custom graded" lot. A detailed grading, drainage, tree removal and erosion control plan shall be submitted to the City at time of building permit application for review and approval. Powers Circle March 18, 2003 Page 18 23. The applicant and/or contractor shall supply the City Engineer with a detailed haul route for review and approval prior to site grading. 24. All plans must be signed by a registered engineer. 25. The plans shall be revised as follows: a. Delete the proposed grading shown within the Conservation Easement. b. Relocate the proposed house pad on Lots 6 further down the slope. c. Add a benchmark and legend to the plans. The legend should define all of the different line types, utilities, contours, etc. d. Change the type of curb on the cul-de-sac from B-612 to surmountable curb. e. Revise the curb radius of the cul-de-sac and private street to be a minimum of 20-feet. f. Show all existing and proposed easements on the plans. g. Change the plan name of sheet 1 to Preliminary Grading, Drainage, & Erosion Control Plan. Likewise, change the plan name of sheet 2 to Utility Plan. 26. The developer shall supply the City Engineer with storm drainage calculations for a 10-year and 100-year, 24-hour storm event for review and approval along with a drainage area map. 27. 28. Existing well and septic sites need to be shown on the plans and protected during construction. They must be properly abandoned in accordance with City Code and the Minnesota Department of Health once the sewer and water lines become operational and are accepted by the City. Detailed utility and street construction plans and specifications shall be prepared and submitted in accordance with the City's latest edition of Standard Specifications and Detail Plates for City Council approval at time of final plat consideration. 29. The developer shall enter into a development contract with the City and provide financial security in the form of a letter of credit or a cash escrow to guarantee construction of the public improvements and compliance with the Conditions of Approval. Powers Circle March 18, 2003 Page 19 30. The street width on Powers Circle shall be reduced to 31 feet back-to-back within the 60- foot wide right-of-way. 31. Move the house pad, as shown on the grading plan for Lot 4, 20 to 30 feet to the south and extend the easement for the northern ravine to the private street. 32. Revise the grading in the rear yard of Lot 3 to ensure that stormwater can drain away from the house and to the south. 33. All disturbed areas as a result of construction activities shall be immediately restored with seed and disc mulch or wood fiber blanket or sod within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. 34. The applicant shall apply for and obtain permits from the appropriate regulatory agencies, i.e. Carver County, Watershed District, Health Department, Minnesota Pollution Control Agency and comply with their conditions of approval. 35. The developer shall include a drain tile system behind the curb to convey sump pump discharge from the units not adjacent to ponds and/or wetlands. This includes the private street. 36. Any offsite grading will require a temporary easement. 37. Eliminate Lot 1 and slide Lot 2 to the north. 38 The site has not been previously assessed for utilities. As such, the site will be subject to one sanitary sewer and water connection charge for the installation of the existing stubs to the site. The 2003 connection charges for both sanitary sewer and water are $4,513. The connection charges will be applied toward the first building permit that is pulled for the site. The property is also subject to sanitary sewer and water hook-up charges for all of the lots. The 2003 trunk utility hook-up 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. In addition, since the property is within the Lake Ann sewer district, a sewer interceptor charge of $1,100 per unit and a sub-trunk charge of $902 per unit will be due on each lot. These charges are collected prior to each building permit issuance. 39. Both a sanitary sewer and water line shall be stubbed off of the cul-de-sac to serve the property to the north. 40. Due to the low floor elevation of the proposed lots, in-home pressure reducing valves will be required on all lots with a lowest floor elevation of 930 or less. Powers Circle March 18, 2003 Page 20 41. Utilities along the private street will need to have a drainage and utility easement dedicated over them. The minimum width will be 30 feet depending on the utility depth. 42. As per City Code Section 19-41 (a), the house to the north will be required to connect to the sanitary sewer within twelve months of the sewer becoming available. 43. The applicant shall revise the proposed street grades in order to eliminate the retaining wall on the north side of the public street. 44. Add a catch basin and storm sewer line at the south end of the private street. 45. The rock entrance must be increased to a minimum of 75-feet in length, in accordance with City specifications. In addition, tree preservation fencing needs to be added around any and all trees to be saved. 46. A public sanitary sewer and water main shall be stubbed off of the cul-de-sac for future development of the property to the north. 47. The rear yard storm sewer will need to have a minimum 20-foot wide easement dedicated over it. 48. There is a portion of Powers Circle on the grading plan that is greater than 7%. This section must be revised to comply with the 7% maximum grade requirement. 49. Pedestrian ramps are required where Powers Circle crosses the existing Powers Blvd. trail. 50. A new street shall be stubbed out to the north property line and constructed with this project. The existing driveway for the property to the north shall be revised to come off of the new stub street. ATTACHMENTS: 1. Findings of Fact and Recommendation 2. Development Review Application 3. Reduced Copy of Preliminary Plat 4. Reduced Copy of Preliminary Drainage and Utility Plan 5. Reduced Copy of Preliminary Grading and Erosion Control Plan 6. Letter from Arild Rossavik to Chanhassen City Staff dated 2/14/03 7. Letter from Arild Rossavik to Affected Neighbors dated 2/13/03 8. CSAH 17 (Poers Boulevard) Improvement Assessment Roll B Powers Circle March 18, 2003 Page 21 9. Area Map with Land Uses 10. Letter from Mild Rossavik to Chanhassen City Staff dated 2/12/03 11. Letter from Mild Rossavik to Chanhassen Mayor and City Council Members dated 1/12/03 12. Notice of Public Hearing and Mailing List CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Application of Arild Rossavik for rezoning, land use amendment and subdivision. On March 18, 2003, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Arild Rossavik for rezoning property from Agricultural Estate District, A-2, to Single Family Residential District, RSF, a land use amendment from Residential Large Lot to Residential Low Density and preliminary plat approval for a six lot subdivision. The Planning Commission conducted a public hearing on the proposed rezoning, land use amendment and subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT o 2. 3. 4. a) b) c) The property is currently zoned Agricultural Estate District, A-2. The property is guided in the Land Use Plan for Residential Large Lot. The legal description of the property is: Lot 2, Block 1, Hillside Oaks. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The proposed use is compatible with the present and future land uses of the area. The proposed use does conform to all performance standards contained in the Zoning Ordinance subject to the revisions of the plat recommended by staff. Powers Circle March 18, 2003 Page 2 d) The proposed use will not tend to or actually depreciate the area in which it is proposed. e) The proposed use can be accommodated with existing public services and will not overburden the city's service capacity. f) Traffic generation by the proposed use is within capabilities of streets serving the property. o The planning report #97-12 Sub. dated March 18, 2003, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning commission recommends that the City COuncil approve the rezoning, land use amendment and subdivision creating five lots. ADOPTED by the Chanhassen Planning Commission this 18th day of March, 2003. CHANHASSEN PLANNING COMMISSION ATTEST: BY: Its Chairman Secretary g:\plan\bg\development review\powers circle 2003.doc CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION , . CITY OF CHANHASSEN RECEIVED FEB ! 3 2003 CHANHASSEN PLANNING OEPT ADDRESS: TELEPHONE (Day time) Z.T, 4.~ ~ 4.¢ ~ 4.~ (.~ OWNER: ADDRESS: TELEPHONE: V' Comprehensive Plan Amendment Conditional Use Permit Interim Use Permit Non-.conforming Use Permit Planned Unit Development* V" Rezoning Sign Permits Sign Plan Review Site Plan Review* Y" Subdivision* Temporary Sales Permit Vacation of ROW/Easements Variance Wetland Alteration Permit Zoning Appeal Zoning Ordinance Amendment Notification Sign Escrow for Filing Fees/Attorney Cost** ($50 CU P/S PR/VAC/VAR/WAP/Metes and Bounds, $400 Minor SUB) TOTAL FEE $ A list of all property owners within 500 feet of the boundaries of the property must be included with.the application. '-~J;:Zc..:f 'L.~...~.~,.. Q ~.-~_.~ "4,.o-- ~k.~'~c~L. Building material samples must be submitted with site plan reviews. ~' *Twenty-six full size folded copies of the plans must be submitted, including an 8Y=" X 11" reduced copy of - transparency for each plan sheet. ** Escrow will be required for other applications through the development contract NOTE - When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME LOCATION O~ ~ O O LEGAL DESCRIPTION L.. o.~ TOTAL ACREAGE WETLANDS PRESENT YES PRESENT ZONING '~' T NO REQUESTED ZONING PRESENT LAND USE DESIGNATION REQUESTED LAND USE DESIGNATION REASON FOR THIS REQUEST This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day extension for development review. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant. Signature of ,~cant Signature of Fee Owner Application Received on Date Date Fee Pai~'~ [ ~* % ~ Receipt No. ~ ~ 3 ~ ~ The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting. If not contacted, a copy of the report will be mailed to the applicant's address, I I ,/ / z~ o <~j --. .. :.-:~,'h-.~'" --. - i 2: , -.... ,,-.~ ... '~'~; ~ 7/p.~-- ., - - _. ~ ,.. a_K, ~ ,~: ~ i / ~ -.. -._ ' ,/.', - < I /~ .~. ' - ' /~"'"~ ~-- :~.~: I~ I~ Il! ',; -.' '?..--. "-z, .' ' '-';,- ........ I/.'.I ~1~ /// .~) '"-).*~'~, Il/ 'I,/ ,, il -- ...... ----~. '"'~"-. /;...;/' \ ,,,. , II ~-;;'~: "~. % %', _*- -/:.-"-- il J -. . ..~tI';' . .... __ .... :.-- -.: ...... ----..:. '. "::':,~LL.'.'-- -" :'. "'"-., :: :: .-- .--.'.' ~--,.' ~_. ' . · "'x '...' . I~l ~ --- ~--~ ..... ' !ii /,/ ~. '---:':~::_, ,. I~I // ,~. II · /, , I'L // Z'~ '~" "!':: ':!':' _ -'--/ . -'---~/~ /~'/ '~'<~: '.'----~-~-~- -. ~ ~---. / ~,~ -: :,...- -: .::-... -- .. ~¥.:..!.:.: ''~ ',il:~E~ , .... -.. Arild Rossavik 8800 Powers Blvd. Chanhassen, MN 55317 Ph 952 448 4844 ar~arild.us February 14, 2003 Chanhassen City Staff 690 City Center Drive Chanhassen, MI~ 55317 Re: Proposed Subdivision 8800 Powers Boulevard, Chanhassen, Minnesota Dear City Planning Staff Enclosed please find my Application for rezoning and Subdivision of 8800 Powers Boulevard. This proposal for the creation of six (6) lots on my property necessitates the approval of rezoning from A-2 to RSF. That transition is now appropriate given the intensity of the existing development to my west and north. It should be observed that the City has already installed $250,000.00 worth of sewer and lift station service immediately adjacent my property. The City had anticipated this development in making that installation. It stands unused. The property is exposed to heavy traffic along Powers Boulevard, it does not lend itself to the private estates typically anticipated A-2 and does not meet the character of land appropriately zoned A-2. When one considers that the Highway 212- 312 interchange will soon be developed to my south, the A-2 zoning is no longer appropriate. I invite any question you may have and look forward to work with you. Sincerely Arild Rossavik Cc: Planning Commission Cc: City Council Arild Rossavik 8800 Powers Blvd. Chanhassen, MN 55317 Ph 952 448 4844 ar@arild.us . FEB 1 $ 2003 CITY OF CHAN' ' ^cqF,x' February 13, 2003 Affected Neighbors Chanhassen, MN 55317 Re: Proposed Subdivision 8800 Powers Boulevard, Chanhassen, Minnesota Dear Neighbor I have again filed my Application for rezoning and Subdivisio~ of 8800 Powers Boulevard. This proposal for the creation of six (6)lots on my property necessitates the approval of rezoning from A-2 to RSF. That transition is now appropriate given the intensity of the existing development to my west and north. It should be observed that the City has already installed $250,000.00 worth of sewer and lift station service immediately adjacent my property. The City had anticipated this development in making that installation. (As you will see on the enclosed documents ) It stands unused. The property is exposed to heavy traffic along Powers Boulevard, it.does not lend itself to the private estates typically anticipated A-2 and does not meet the character of land appropriately zoned A-2. When one considers that the Highway 212-312 interchange will soon be developed 'to my south, 'the A-2 zOning is no longer appropriate. I invite any question you may have and look forward to work with you. Sincerely , Arild Rossavik Cc: Planning Commission Cc: City Council Cc: Neighbors Arild Rossavik 8800 Powers Blvd. Chanhassen, MN 55317 Ph 952 448 4844 ar@ariid.us February 12, 2003 Chanhassen City Staff 690 City Center Drive Chanhassen, MN 55317 Re: Proposed Subdivision 8800 Powers Boulevard, Chanhassen, .~innesota Dear City Planning Staff Enclosed please find my Application for rezoning and Subdivision of 8800 Powers Boulevard. This proposal for the creation of six (6)lots on my property necessitates the approval of rezoning from A-2 to RSF. That transition is now appropriate given the intensity of the existing development to my west and north. It should be observed that the City has already installed $250,000.00 worth of sewer and lift station service immediately adjacent my property. The City had anticipated this development in making that installation. It stands unused. The property is exposed to heavy traffic along Powers Boulevard, it does not lend itself to the private estates typically anticipated A-2 and does not meet the character of land appropriately zoned A-2. When one considers that the Highway 2!2-312 interchange will soon be developed to my south, the A-2 zoning is no longer appropriate. I invite any question you may have and look fo.n^,ard to work with you. Sincerely Aril,d Ro.,.~avik ,~ Cc: Planning Commission Cc: City Council Ariid Rossavik 8800 Powers Blvd. Chanhassen, MN 55317 January 12, 2003 (Correction of typosin first letter, 1993 is correct not 1983, I have only lived here 10 years) Chanhassen Mayor and City Council Members 690 City Center Drive Chanhassen, MN 55317 ,. Re: Proposed Subdivision 8800 Powers Boulevard, Chanhassen, Minnesota Supplemental Material to Application for Subdivision/Rezoning Dear Mayor and City Council Members: I have resided at 8800 Powers Boulevard since January, 1993. The City Improvement project 93-29 long ago extended sewer and water service to my neighborhood, for the purpose of serving not only the existing seven (7)lots but an anticipated 25 additional units. Since that time, no additional housing units have been constructed. The City staff advises that the neig.hborhood lift station, sewer, and water improvement is a physical dead end which can only be used for my immediate neighborhood. But as yet, none of us are connected to the system. We ail make use of septic systems which clearly threaten the eco-system and marsh across the way. I am advised that the cost of the sewer and water improvements for my neighborhood was $237,000.00. Because it remains totally unused, the cost has yet to be recovered. I have, in recent years, twice attempted to get the City to agree to the rezoning of my property into six (6) lots by changing the zoning category from A-2 to RSF. This was first considered in July, 1980 when others received preliminary approval for Lake Susan West Planned Resident Development. Because no further action was taken, the zoning remained A-2. Since that time, I have been turned down on the predicate that my neighbor (the owner of 8750 Powers Boulevard) must first consent. He has declined to do so and I have been a hostage to his approval. If you were to consider my neighborhood, you will find that just north of my neighbor are medium to high density developments fronting Powers Boulevard, a principal arterial of the City. To the west, up on the bluff are single family homes zoned PUD but effectively RSF. They are physically separated from my property by the steep bluff. The improvement of my property with additional housing will not impact the enjoyment of their neighborhood. On the east, I face a beautiful marsh which will never be developed, but as I have noted, it is threatened by the septic systems in my neighborhood. To the south are five (5)large lot residential sites. Some are benefited by topography and seclusion, but the one immediately to my south, as well as my northerly neighbor and I, have no privacy afforded by topography or vegetation, we remain greatly exposed to public view and high traffic volumes on Powers Boulevard. The relatively large acreage surrounding my home and that of my immediate neighbor's is not well used. Moreover, there is no added value provided by the extra land around these homes as it affords no seclusion or privacy, nor can such be added by mere landscaping. While the City staff report on my most recent request for rezoning cited some engineering issues, related to grading and the preservation of bluff area, all will be fully addressed by my engineer on re-submission of my plat proposal. Of particular concern, however, was the suggestion by City staff report that the City's Comprehensive Plan to include Iow density residential development in appropriate areas of the community would be harmed if my zoning were changed. The City staff also said that any new residential development would encroach upon a significant drainage way. This reference is to the bluff run-off. That issue can be handled through proper engineering and appropriate setbacks. That said, the City staff advised that the conversion of my lot and that of my neighbor to the north from A-2 to RSF would "not have a siqnificant impact" pn the character of the area. The City staff found that "my site was suitable for development" and "served by adequate infrastructure". Most importantly, the staff concluded "the subdivision is not premature". The only caveat put forward by the City staff was that the City would view the proposal in "a more positive light" were my neighbor to consent. For that reason alone, the City staff considered the application "premature" (November 6, 2001 City Staff Report). ! am asking that the City acknowledge that A-2 zoning is-no longer an obvious and appropriate zoning for this site given the surrounding development, the inherent lack of privacy of the land/site, and high traffic of the Boulevard... Continuing to maintain this zoning places the marsh immediately to the east at risk and causes the City to forego monies to recoup its investment in sewer and water infrastructure. Your $237,000.00 investment languishes. Rezoning will not require my neighbor to subdivide or sell his property. Typically, in absence of a replat, there is no change in market value! I ask that the City give renewed consideration to my proposal for six (6) homes at this site. At a time when the City is financially struggling, it only makes no sense that it would not refuse such a logical development- a development which would make good use of City infrastructure - and end potential septic tank pollution of the marsh. It should be understood that I have, in the past, complained of my neighbor's commercial plumbing operation conducted from his 2-story warehouse. This large gray building houses his plumbing business and is serviced by commercial delivery trucks on a daily basis. In the past, the City has taken a dim view of similar business operations within residential districts, but for reasons I fail to understand, the City has chosen to overlook his business operations. There is no reason why he should be granted deference in this regard. All persons in the City should be treated equally. Your help in this regard would be most appreciated. I hope to address all of the engineering issues with City staff before I resubmit my request for rezoning. I would welcome any questions that you might have. It is my hope to address your concerns and, in so doing, gain support for this appropriate transition. I look forward to speaking with you. Sincerely, Arild Rossavik Cc: City Staff Cc: Planning Commission Members Cc: George Bizek (owner of 8750 Powers Blvd) Cc: Neighbors I- Z ILl Z o rr > ~ m o NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, MARCH 18, 2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Subdivision of Parcel into 6 Single Family Lots APPLICANT: Arild Rossavik LOCATION: 8800 Powers Blvd. NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Arild Rossavik, is requesting a land use amendment from Residential Large Lot to Residential Low Density, rezoning from Agricultural Estate District, A2., to Single family Residential, RSF, and subdivision of Lot 1, Block 1, Hillside Oaks into 6 lots with a variance for the use of a private street located at 8800 Powers Blvd., Powers Circle. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. Questions and Comments: If you want to see the plans before the meeting, please stop by City Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to someone about this project, please contact Bob at 227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. Notice of this public hearing has been published in the Chanhassen Villager on March 6, 2003. Smooth Feed SheetsTM Use template for 5!60® ROSEANNE M BOYUM 8805 SUNSET TRL CHANHASSEN MN 55317 MICHAEL D & JOAN M FLYNN 660 LAKE SUSAN HILLS DR CHANHASSEN MN 55317 STEVEN D & KRISTI A BUAN 8740 FLAMINGO DR CHANHASSEN MN 55317 DONALD C & VIRGINIA D COBAN 8821 SUNSET TRL CHANHASSEN MN 55317 JON & SARAH A BAKER 650 LAKE SUSAN HILLS DR CHANHASSEN MN 55317 CHERYL LEE DOTY 8736 FLAMINGO DR CHANHASSEN MN 55317 GEORGE A & JACQUELYN BIZEK 8750 POWERS BLVD CHANHASSEN MN 55317 STEVEN J & NANCY S FAY 640 LAKE SUSAN HILLS DR CHANHASSEN MN 55317 JAMES R JR & SUSAN L KOZLOWSKI 8730 FLAMINGO DR CHANHASSEN MN 55317 ARILD ROSSAVIK 8800 POWERS BLVD CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVDPO BOX 147 CHANHASSEN MN 55317 MICHAEL J & CYNTHIA A LEEMAN 8726 FLAMINGO DR CHANHASSEN MN 55317 JAYME D & CAROL R LEE 1380 OAKSIDE CIR CHANHASSEN MN 55317 RODNEY & BONNIE M NELSON 8764 FLAMINGO DR CHANHASSEN MN 55317 STEVEN M & JEANINE C CASEY 8720 FLAMINGO DR CHANHASSEN MN 55317 JOHN E & BRENDA L HILL 1360 OAKSIDE CIR CHANHASSEN MN CRAIG J PETERSON 1340 OAKSIDE CIR CHANHASSEN 55317 MN 55317 CHRISTOPHER J SONES & JUDITH A MARTINEZ- 8756 FLAMINGO DR CHANHASSEN MN TANYA C PARKS & JEAN C SCHWALEN 8750 FLAMINGO DR CHANHASSEN 55317 MN 55317 WILLIAM J & NANCY E PREMO 8712 FLAMINGO DR CHANHASSEN MN 55317 RAYMOND J GARVER JR & JULIE ANN GARVER 8704 FLAMINGO DR CHANHASSEN MN 55317 MINH CAM & MARGARET A TRAN 1330 LYMAN BLVD CHANHASSEN MN 55317 RICHARD & CONNIE M ECHTERNACH'I 8746 FLAMINGO DR CHANHASSEN MN 55317 BRUCE R BARKE 1371 THRUSH CT CHANHASSEN MN 55317 KEITH M & MARY PAT BUESGENS 1300 OAKSIDE CIR CHANHASSEN MN 55317 COREY J & RUTH L WEIKLE 8744 FLAMINGO DR CHANHASSEN MN 55317 STEVEN R & CECELIA M SMITH 1361 THRUSH CT CHANHASSEN MN 55317 BRENT R & KATHLEEN A MILLER 1200 LYMAN BLVD CHANHASSEN MN 55317 GREGORY D & SHIREEN S KAHLER 8742 FLAMINGO DR CHANHASSEN MN 55317 GARY D & JENNIFER L HICKS 1351 THRUSH CT CHANHASSEN MN 55317 Laser 5160® Smooth Feed SheetsTM Use template for 5160® RONALD J & DEBRA R MICHELS 8751 FLAMINGO DR CHANHASSEN MN 55317 JAY W & ANGELA A MEYER 1574 LAKE SUSAN HILLS DR CHANHASSEN MN 55317 BYRON J & LINDA J BOTZ 8743 FLAMINGO DR CHANHASSEN MN 55317 JAMES R & CATHERINE S SCOTT 1578 LAKE SUSAN HILLS DR CHANHASSEN MN 55317 EDWARD A & WENDY S PEKAREK 8735 FLAMINGO DR CHANHASSEN MN 55317 JEFFREY A PETSCHL & TRACI L PRIEBE 1580 LAKE SUSAN HILLS DR CHANHASSEN MN 55317 LANCE D & MELANIE J WEGNER 8727 FLAMINGO DR CHANHASSEN MN 55317 PHILLIP R SHOEN 1584 LAKE SUSAN HILLS DR CHANHASSEN MN 55317 KRISTIN ANNE JOHNSON TRUSTEE OF TRUST 8719 FLAMINGO DR CHANHASSEN MN 55317 SREANG & SOPHORN SONG BANG 1590 LAKE SUSAN HILLS DR CHANHASSEN MN 55317 EDWARD A & MARY G KRAFT 8711 FLAMINGO DR CHANHASSEN MN 55317 JOSEPH GIBNEY JR & KAREN STEIN 1594 LAKE SUSAN HILLS DR CHANHASSEN MN 55317 THUNG M & LAN T NGUYEN 8703 FLAMINGO DR CHANHASSEN MN 55317 KOUNTHONE SOUVANNAKANE & OULADETH SOUVANNAKANE 1600 LAKE SUSAN HILLS DR CHANHASSEN MN 55317 DIEP D, TU T, LONG D NGUYEN & THUY B & HAl B NGUYEN 1581 LAKE SUSAN HILLS DR CHANHASSEN MN 55317 CITY OF CHANHASSEN C/O BRUCE DEJONG 7700 MARKET BLVDPO BOX 147 CHANHASSEN MN 55317 DANIEL E & RONDA S PIERRE 1591 LAKE SUSAN HILLS DR CHANHASSEN MN 55317 THU VAN NGUYEN & LIEN KIM TANG 1601 LAKE SUSAN HILLS DR CHANHASSEN MN 55317 ~/4V~ P.Y c: eSS Laser 5160®