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24-11 Staff Report PC_Final Application: Preliminary Plat at 6870 Minnewashta Parkway. (Planning Case #2024-11) Staff Report Date: July 12, 2024 Drafted By: Rachel Jeske, Planner Erik Henricksen, Project Engineer Joe Seidl, Water Resources Engineer Planning Commission Review Date: July 16, 2024 City Council Review Date: August 12, 2024 SUMMARY OF REQUEST: The Applicant is requesting preliminary and final plat approval to subdivide the property located generally at 6870 Minnewashta Parkway into five lots and two outlots. The Planning Commission is requested to review the preliminary plat application. LOCATION: 6870 Minnewashta Parkway PID 25-0053-100 PROPOSED MOTION: “The Chanhassen Planning Commission recommends the approval of the requested preliminary plat for the 3.02-acre property located 6870 Minnewashta Parkway subject to the conditions of approval and adopts the attached Findings of Fact and Decision.” Page 2 of 11 APPLICANT: Wooddale Builders 6117 Blue Circle Drive, Suite 101, Minnetonka, MN 55343 PRESENT ZONING: Single-Family Residential, RSF 2040 LAND USE PLAN: Residential – Low Density (1.2 – 4.0 units/net acre) ACREAGE: 3.02 gross acres (130,764 sq. ft.) and 2.68 net acres (116,775 sq. ft.) DENSITY: 1.66 units per acre LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the city must approve the preliminary plat. This is a quasi-judicial decision. COMMUNITY ENGAGEMENT Notice of this public hearing has been mailed to all property owners within 500 feet. The applicant held a neighborhood meeting on July 8th at the Chanhassen Recreation Center. This neighborhood meeting was conducted entirely by the Applicant as a way to gather feedback from adjacent property owners prior to going before the Planning Commission and City Council. APPLICABLE REGULATIONS Chapter 18, Subdivision, Chapter 20, Article XXII, RSF Single-Family Residential District PROPOSAL/SUMMARY The Applicant is requesting the splitting of a 3.02-acre parcel zoned Single-Family Residential and guided for Residential Low Density development into five lots and two outlots. EXISTING CONDITIONS The proposed Waterview subdivision is located at 6870 Minnewashta Parkway, which has never been officially platted. The property abuts White Oak Lane to the south, Stratford Lane to the north, and is bisected by Minnewashta Parkway from north to south on the far east side of the property. The existing home and lakeshore portion of the property gain access via driveways from Minnewashta Parkway: one leading to the primary structure west of Minnewashta Parkway and the other to the lakefront portion of the property east of Minnewashta Parkway. The property is currently serviced by municipal sanitary and water, with additional sanitary and water services already stubbed to the property. Page 3 of 11 The Developer proposes to remove all structures on the property as well as the primary access from Minnewashta Parkway, which is in accordance with the City’s 2040 Comprehensive Plan to limit access points along collector roadways. Additionally, the developer will utilize the majority of the existing municipal service stubs to service the five lots associated with Waterview. The existing access to the lakefront portion (proposed as Outlots A and B) is proposed to remain. SITE CONSTRAINTS Environmental Protection Districts • Bluff Creek corridor - This property is not located within the Bluff Creek Overlay District. • Wetland Protection - There are no wetlands on the site. • Bluff Protection - There are no bluffs on the property. • Shoreland Management - The property is located within a shoreland protection district for Lake Minnewashta. • Floodplain Overlay – A portion of Outlot A and Outlot B are located within the AE Flood Zone and the 500 Year Flood Zone adjacent to the lake. SUBDIVISION REVIEW The Applicant is proposing to subdivide 3.02 acres into five lots and two outlots for single- family detached housing. Four of the lots are proposed to be accessed via White Oak Lane, and the fifth lot is proposed to be accessed via Stratford Lane. The existing single-family home and access off Minnewashta Parkway are to be eliminated with the proposed development. The Developer will be required to fully remove the existing access from the west side of Minnewashta Parkway and reconstruct the curb and gutter for a contiguous street section. Page 4 of 11 As currently proposed, all lots meet the minimum lot area, lot width and lot depth requirements of the zoning ordinance. Applicant should note that Lot 5 would be considered a corner lot with double frontage and that city code establishes that for corner lots that the side of the property with the least amount of roadway frontage would be considered the “front yard”. Therefore, the front yard for Lot 5 as proposed would be the portion of the lot adjacent to Minnewashta Parkway. The city’s zoning ordinance would define lot 4 as a “flag lot”. City ordinance allows for flag lots. City code section 18-60(a) states that “all lots shall abut their full required minimum frontage on a public street as required by the zoning ordinance, or accessed by a private street; or a flat lot which shall have a minimum of 30 feet of frontage on a public street.” As shown, lot 4 is compliant with this regulation by having 32.1 feet of public street frontage. COMPLIANCE TABLE Setbacks: Front - 30 ft., Side - 10 ft., Rear - 30 ft. Staff notes that the proposal is consistent with the Comprehensive Plan and the Zoning Ordinance. Outlot A will be required to be deeded to Lot 4 and Outlot B will be required to be deeded to Lot 5. Outlots A and B are not developable. These outlots may not be used as an association beach lot. Outlot B may not be sold separately from Lot 5, Block 1 and Outlot A may not be sold Area (sq. ft.) Frontage (ft.) Depth (ft.) Lot Cover - % impervious Notes (sq. ft.) Code 15,000 90 125 25% Flag lots must have a minimum width of 30 feet at a public roadway. Lot 1 18,182 105 191 25% (4,545 sq. ft.) Lot 2 17,541 95 191 25% (4,385 sq. ft.) Lot 3 27,520 92 185 25% (6,880 sq. ft.) Flag lot frontage is shown as 32.1 feet. Lot 4 27,917 105.7 228 25% (6,979 sq. ft.) Lot 5 25,616 107 284 25% (6,404 sq. ft.) City code would establish that the “front yard” of Lot 5 would be the portion of the yard abutting Minnewashta Parkway Total 116,775 3.02 acres Page 5 of 11 separately from Lot 4, Block 1. The existing improvements on the outlots are to remain after the subdivision. Approving the subdivision would create five buildable lots which would have access to a public street and municipal services. There are four existing stubs, which would require the addition of one additional utility connection. The proposed subdivision would complete the cul-de-sac bulb on White Oak Lane and would establish new drainage and utility easements based on the increased right of way. Approximately three-quarters of the cul-de-sac on White Oak Lane was constructed in 2000 in association with the White Oak Addition development. The remainder of the cul-de-sac located on 6870 Minnewashta Parkway was not constructed; however, a road easement was recorded as a condition of the White Oak Addition in anticipation of future development at 6870 Minnewashta Parkway. As such, the Developer must complete construction of the cul-de-sac in accordance with Chanhassen Specifications and Detail Plates. The proposed driveway for Lot 5 does not appear to meet setback requirements or fully extend the surmountable curb line to account for drainage across the entire entrance. The Developer will be required to update the proposed driveway configurations to conform to Sec. 20-1122 of City Code and extend the surmountable curbing accordingly. LANDSCAPING The Applicant provided a tree inventory with their submittal including calculations for canopy coverage. Gross Project Area 3.52 acres Canopy Area: 2.24 Acres Baseline Canopy Coverage 61% (2.15 acres) Canopy to be saved: 0.85 acres Minimum Canopy Coverage Requirement 1.62 acres (46% of net project area) Credited remaining existing canopy 0.85 acres Required additional Canopy Coverage to be mitigated 39,978.42 sq ft or 0.92 acres (1.62 acres – 0.85 acres) Square feet per replacement tree 1,089 sq ft Additional trees required to meet Canopy Coverage requirement 37 trees. (39,978.42/1089) The Landscaping Plan denotes that 37 trees will be planted which meets the city code requirements related to canopy coverage as outlined in the above table. Landscaping plan submitted on 7-11-24 adheres to the City’s species diversity requirements which states that the landscaping plan shall consist of no more than 10% of the trees can be Page 6 of 11 from one tree species, no more than 20% of the trees can be from one genus, and no more than 30% of the trees can be from one family. EASEMENTS The Developer proposes to subdivide 6870 Minnewashta Parkway into five lots. These lots are configured to accommodate the build-out of five single-family homes. Generally, Block 1, Lots 1-5, and their associated public drainage and utility easements (DUEs) are configured to meet City Ordinance (Sec. 18-76(b)), with standard right-of-way (ROW) widths over public streets (Sec. 18-57(p)(8)). Atypical DUEs are illustrated on Lots 3 and 5 to encompass a private stormwater Best Management Practice (BMP). These private improvements are not required to be encumbered by a DUE and should be reconfigured in accordance with Sec. 18-76(b). Additionally, in accordance with Sec. 20-923 (Improvements and Encroachments in Public Easements), any private structures or improvements (e.g., proposed private stormwater pipe, existing “wood stairs” in Outlot A, etc.) within public DUEs or ROW require the execution and recordation of an Encroachment Agreement, which must be recorded prior to the issuance of building permits. Additional ROW will be required on the northeast corner of Lot 5, where Minnewashta Parkway and Stratford Lane, both public roads, intersect. Based on the provided survey and plans, a portion of this intersection and the associated street improvements fall within the lot’s property lines. Any previously recorded easements within the proposed subdivision must be vacated prior to or concurrently with the final plat. This includes items 9 and 10 under Schedule B, Part II, of the ALTA Commitment for Title Insurance provided by the applicant, and as depicted on the ALTA/NSPS Land Title Survey, dated May 23, 2024. GRADING The existing Waterview Development is located south of Lake Minnetonka and west of Minnewashta Pkwy and Lake Minnewashta. The area currently has a single-family home, two sheds, and associated driveway located on the site with associated landscaping. Drainage from the existing site flows east towards Lake Minnewashta. The northwest corner of the site drains offsite to the north. The southwest corner of the site drains to a beehive grate which routes via storm sewer to Lake Saint Joe to the south. In the proposed conditions, five homes and two basins are proposed on site. The drainage will generally match the existing conditions. The majority of the site flows to the two proposed basins on site and outlets east towards Lake Minnewashta. The outlet of the two basins connects into the storm sewer on Stratford Lane and outlets towards Lake Minnewashta. The northwest corner of the site drains off to the north, and the southwest corner of the site drains to a beehive grate and ultimately flows towards Lake Saint Joe. Page 7 of 11 SANITARY SEWER AND WATER MAIN The proposed development has adequate access to municipal sanitary and water services from Minnewashta Parkway and White Oak Lane. Although the property has service stubs for the five lots already extending to the property, minor adjustments are required to conform to City Code and Chanhassen Specifications and Detail Plates. The Developer and their Engineer must amend the construction plans, dated June 14, 2024, prepared by Robert S. Molstad, PE with Sathre-Berquist, Inc., to fully address construction plan comments and concerns. Final construction plans will be subject to review and approval by staff prior to the recording of the final plat. As a majority of the sanitary and water laterals were installed over 20 years ago, it is necessary to ensure their serviceability prior to home construction. The Developer will be required to televise all sanitary service laterals and submit the CCTV footage and reporting to the City Engineer for review prior to the issuance of building permits. Water service laterals shall be inspected by the Developer and their Contractor, in coordination with the City Utility Department, to ensure all curb stops are operational prior to the issuance of building permits. STORM WATER MANAGEMENT A geotechnical exploration report by Haugo Geotechnical Services, dated June 5, 2024, was provided for the proposed development by the Developer. While this report generally provides the necessary recommendations for construction, Table 3 – Anticipated Excavation Depths indicates anticipated excavation elevations of 965 feet, which are below the existing groundwater elevations of 967 feet. Upon review of the preliminary construction plans, this appears to be inaccurate, as mass grading indicates this area will be graded to approximately 973 feet. The Developer will be required to provide additional plans, i.e. provide a dewatering plan specific to the site and geotechnical information submitted with the development or provide clarification regarding the proposed excavation depths and the existing groundwater elevation and update the report accordingly. Additional soil borings may be needed to verify stormwater management design and the location of groundwater within the footprints of the proposed BMPS. Article VII, Chapter 19 of City Code describes the required storm water management development standards. Section 19-141 states that “these development standards shall be reflected in plans prepared by developers and/or project proposers in the design and layout of site plans, subdivisions and water management features.” These standards include abstraction of runoff and water quality treatment resulting in the removal of 90% total suspended solids (TSS) and 60% total phosphorous (TP). The proposed project is located within the Minnehaha Creek Watershed District (MCWD) and is therefore subject to the watershed’s rules and regulations. A MCWD permit will be required prior to recording of the final plat. A Stormwater Management Report is required to be submitted for review to confirm all applicable stormwater management requirements are being met. This includes rate control and water quality requirements among others. The site is proposing to meet stormwater management requirements through two filtration basins. Filtration basin 2 is proposed to outlet to filtration basin 1 which discharges to the storm sewer on Stratford Lane and out to Lake Minnewashta. Page 8 of 11 All comments from the City and MCWD shall be addressed. The site is shown to be compliant with rate control and MCWD’s water quality volume requirements, however additional information is needed on the proposed basin outlets to confirm modeling is accurate to the site. Additionally, water quality modeling is needed to confirm the site is compliant with the City’s water quality treatment requirements (60% TP and 90% TSS removals). The applicant shall provide final versions of all modeling (HydroCAD and any water quality models developed) and Stormwater Management Report to address all comments and confirm rate, volume and water quality requirements are met prior to the recording of the final plat. As outlined in the City’s Surface Water Management Plan adopted in December 2018 and described in City Ordinance, the city requires at least 3 feet of freeboard between a building elevation and adjacent ponding features. Freeboard requirements are not currently being met to the proposed building on Lot 3 Block 1 with respect to the HWL of Basin 2. Additionally, building elevations for the existing homes north of the project site are needed to confirm freeboard is also met to the existing homes. Because the proposed basins are filtration basins there would likely be negligible impacts to groundwater levels caused by the design, however additional analysis and information on stormwater emergency overflow routes is needed to verify the design meets the intent of City code with regards to freeboard. The applicant shall submit additional information on the design to meet this requirement. Modifications to the design may be needed to meet the City’s freeboard requirements. The proposed BMPs are to be privately owned and maintained. All privately owned and maintained BMPs and storm sewer should be located outside of drainage and utility easement. A stormwater operations and maintenance plan is required and shall be approved by staff and recorded concurrently with the final plat. The plan shall include the maintenance schedule, responsible party, and shall include information on how the BMPs will be cleaned out as necessary. The ownership of the private BMPS and right to convey stormwater must be codified within HOA documents and/or private easements. Documentation of the future ownership and/or private easements shall be recorded concurrently with the final plat. STORM WATER UTILITY CONNECTION CHARGES Section 4-30 of city code sets out the fees associated with surface water management. A water quality and water quantity fee are collected with a subdivision. These fees are based on land use type and are intended to reflect the fact that the more intense the development type, the greater the degradation of surface water. The SWMP fee on this project will be calculated based on the current fee schedule rates for the parcel areas. The SWMP fee could be adjusted down by 50% based on Code Sect. 18-63 (stormwater design to NURP standards) which will be confirmed with approval of final plans. ASSESSMENTS Water and sewer partial hookups are either due at the time of final plat or can be postponed until building permit applications are received in which the entire hookup fee is due. The partial Page 9 of 11 hookup fees will be assessed at the rate in effect at that time. The remaining partial hookups fees are due with the building permit. DEVELOPMENT FEES The city adopts an annual fee schedule by ordinance. The city’s current fee schedule establishes development fees associated with the subdivision of land including park dedication, surface water management, and water and sewer utility hook-up fees. These fees are due prior to the final plat of the subdivision being released for recording. Based on the proposed development the following fees will be collected and outlined in a future Development Contract between the city and the Applicant. The below fees are an estimate and based on the 2024 fee schedule and are subject to change with future city fee schedule. Development fees outlined within the Development Contract are final. 1. Administration Fee: if the improvement costs are between $500,000 and $1,000,000, 2% of the improvement costs. If the improvement costs exceed $1,000,000, 2.5% of the first $1,000,000 plus 1.5% of the remainder. 2. Park Dedication - $23,200 ($5,800.00 per lot with a 1 lot credit for existing parcel) 3. Surface Water Management - $28,841 ($9,550.00 per acre) This fee could be adjusted down by 50% based on Code Sect. 18-63. To be confirmed by City Staff upon submission of final plans by Developer. 4. A portion of the water hook-up charge: $2,750/unit, or, the full amount with the building permit: $9,190/unit 5. A portion of the sanitary sewer hook-up charge: $750/unit or, the full amount with the building permit: $2,480/unit 6. GIS fees: $100 for the plat plus $30 per parcel RECOMMENDATION Staff recommends that the Planning Commission recommend the approval of the subdivision and preliminary plat subject to the conditions of approval and adopt the attached Findings of Fact and Decision. CITY STAFF APPLICATION REVIEW COMMENTS PLANNING: 1. Applicant shall enter into a Development Contract with the City. 2. Landscaping plan shall be updated so that the plantings shown adhere to the City’s species diversity requirements which states that the trees in the la landscaping plan shall consist of no more tha 10% of the trees can be from one tree species, no more than 20% from one genus, and no more than 30% from one family. 3. Landscaping plan shall be updated to preserve some viewshed of the lake on lot 4 and lot 5. Page 10 of 11 ENGINEERING: 1. The developer shall enter into Encroachment Agreements for all private improvements located within public drainage and utility easements or right-of-way, as approved by the City Engineer, prior to issuance of building permits. 2. Approximately 400 square feet of additional right-of-way will be required on the northeast corner of Lot 5, where Minnewashta Parkway and Stratford Lane intersect to encumber the entire street section. 3. Any previously recorded easements located within proposed public right-of-way or proposed public drainage and utility easements must be vacated prior to or concurrently with the final plat. 4. The Developer will be required to provide additional plans, i.e. provide a dewatering plan specific to the site and geotechnical information submitted with the development or provide clarification regarding the proposed excavation depths and the existing groundwater elevation and update the report by Haugo Geotechnical Services, dated June 5, 2024 accordingly. 5. The Developer will be required to update the proposed driveway configurations to conform to Sec. 20-1122 of City Code and extend the surmountable across all driveway entrances. 6. The Developer and their Engineer must amend the construction plans, dated June 14, 2024, prepared by Robert S. Molstad, PE with Sathre-Berquist, Inc., to fully address construction plan comments and concerns. Final construction plans will be subject to review and approval by staff prior to the recording of the final plat. 7. The Developer will be required to televise all sanitary service laterals and submit the CCTV footage and reporting to the City Engineer for review prior to the issuance of building permits. 8. Water service laterals shall be inspected by the Developer and their Contractor, in coordination with the City Utility Department, to ensure all curb stops are operational prior to the issuance of building permits. 9. It is the applicant’s responsibility to ensure that permits are received from all other agencies with jurisdiction over the project (i.e. Army Corps of Engineers, DNR, MnDOT, Carver County, Minnehaha Creek Watershed District, Board of Water and Soil Resources, PCA, etc.). 10. Public drainage and utility easements shall be recorded prior to, or concurrently with, the recording of the subdivision in accordance with the Proposed Property Division plan drafted by Sathre-Bergquist, Inc., dated July 10, 2024. 11. The development fees associated with this subdivision shall be paid prior to recording of the subdivision. Fees are based on rates in effect at the time of recordation of the final plat. WATER RESOURCES: 1. Water quality modeling is required to confirm the site meets the City’s water quality requirements of 60% TP and 90% TSS removal. Electronic copies of any models used Page 11 of 11 (HydroCAD, MIDS, and or P8) shall be reviewed and approved by staff prior to the recording of the final plat. 2. Modifications to the design and/or additional information is required to show the design meets freeboard requirements. Additional information shall be provided verifying this requirement is met and shall be reviewed and approved by staff prior to the recording of the final plat. 3. An Operations and Maintenance plan for all proposed private BMPs including the inspection frequency, maintenance schedule, and responsible party shall be reviewed and approved by staff prior to recording of the final plat 4. Privately owned BMPs shall be moved outside of public drainage and utility easements. 5. The applicant should provide storm sewer sizing calculations and a catch basin drainage area map to confirm storm sewer is sized to the 10-year event. The calculations and map shall be reviewed and approved by staff prior to the recording of the final plat. 6. A SWPPP is required where there is 1 acre or more disturbance on site. The SWPPP shall be reviewed and approved by staff prior to the recording of the final plat. BUILDING: 1. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review 2. A building permit must be obtained before beginning any construction. 3. Retaining walls (if present) more than four feet high, measured from the bottom of the footing to the top of the wall, must be designed by a professional engineer and a building permit must be obtained prior to construction. Retaining walls (if present) under four feet in height require a zoning permit. 4. A building permit must be obtained prior to demolishing any structures on the site and before beginning any construction on the site. 5. A final grading plan and soils report must be submitted to the Inspections Division before building permits will be issued FIRE: 1. Cul-de-sac will need to meet city standards for fire apparatus turn around. 2. Hydrants must be added to the cul-de-sac