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CC Staff Report 6-8-09 CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: ie Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner V(y(.,- June 8, 2009 2::Y~ DATE: SUBJ: Final Plat Approval for Apple Tree Estates Planning Case No. 09-01 PROPOSAL SUMMARY The applicant is requesting final plat approval for seven lots, one outlot and public right-of way on 7.43 acres of land located at 8600 Waters Edge Drive. The proposed subdivision complies with all the requirements of the RSF district regulations. Staff is recommending approval of the final plat for Apple Tree Estates subject to the conditions of the staff report. EXISTING CONDITIONS The site contains an existing single-family home site on Lake Susan. A large shed is located on the south side of the property, which shall be removed as part of the subdivision. The site slopes from a high point along the east central property line with an elevation of 930 and a high point in the southwest comer of the property with an elevation of 922, to a low point on the lake at elevation 882. There is an area of bluff between the new house location on Lot 2, Block 1, and the lakeshore. The top of the bluff follows approximately the 908 contour. There are scattered trees throughout the property. A double row of apple trees is located down the middle of the site. There is a wetland located in the southeast comer of the property, adjacent to Waters Edge Drive. BACKGROUND On April 13, 2009, the Chanhassen City Council approved a seven-lot subdivision (preliminary plat) with a variance for access off a private street for the two lakeshore lots. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt Apple Tree Estates June 8, 2009 Page 2 of 14 SUBDIVISION REVIEW Apple Tree Estates consists of seven lots, one outlot and right-of-way for Apple Tree Lane and Waters Edge Drive. GRADING AND DRAINAGE The majority of the site currently drains overland to Lake Susan. The remainder of the site drains to the wetland located on the southeast comer of the site. The developer proposes to mass grade the site, with the exception of Lots 1 through 3, Block 1. The home on Lot 1, Block 1 will remain on the site and Lots 2 and 3, Block 1 will be custom graded when a home is built on the respective parcel. The site presents a challenge with respect to stormwater management. A stormwater pond cannot be located near Lake Susan since the bluff area along the shoreline cannot be disturbed. A previous plan submitted by the developer included a filtration basin on Lots 2 and 3, Block 1 and connection to the existing storm sewer west of the site. Staff did not support this proposal since the filtration basin would have been perched above the existing home west of the development. Staff was also concerned that discharge from the filtration basin could have entered into the tuckunder garage on the property to the west of the development. All of Lots 1 through 3, Block 1 and the majority of Lots 4 through 6, Block 1 will drain overland to Lake Susan. The public street and Lot 1, Block 2 will drain to the proposed pond adjacent to the wetland. The developer has submitted hydrology calculations which models back-to-back 100-year events as required by the Chanhassen City Code. According to the grading plan, the emergency overflow (EOF) for the wetland is 904.45 feet which is located on the gravel driveway to the east of wetland. Ideally, an EOF discharges to an area that is within a drainage and utility easement; however, this proposal is unique in that the area surrounding the development is already developed and the flow pattern from the overland EOF is fixed. Based on the hydrology calculations, the wetland elevation should not exceed the EOF elevation for any of the events modeled. SURFACE WATER MANAGEMENT PLAN (SWMP) CONNECTION CHARGES Water Quality Fees The water quality fees for this proposed development are based on single-family residential rates of $2,360 per acre. Total area less that portion which is within stormwater pond, wetland and public right-of-way equals 5.744 acres. Therefore, the water quality fees associated with this project are $19,587.04. Todd Gerhardt Apple Tree Estates June 8, 2009 Page 3 of 14 Water Quantity Fees The SWMP has established a connection charge for the different land uses based on an average city-wide rate for the installation of water quantity systems. This cost includes land acquisition, proposed SWMP culverts, open channels, and stormwater ponding areas for runoff storage. Single-family residential developments have a connection charge of $2,360 per developable acre. This results in a water quantity fee of approximately $13,555.84 for the proposed development. SWMP Credits This project proposes the construction of one NURP pond. The applicant will be credited for 50% of the water quality charge for each acre draining to the NURP pond on site. Subcatchment 1 drains to the NURP pond and has a watershed area of 2.85 acres. This is equivalent to a water quality credit of $5,677.65. The developer proposes one outlet structure with energy dissipation BMPs. This structure results in a $2,500 credit. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $24,965.23 STREETS AND ACCESS The property is adjacent to Waters Edge Drive which was reconstructed by the Minnesota Department of Transportation (MnDOT) in conjunction with the Highway 101 realignment in 2006. Waters Edge Drive is still under MnDOT jurisdiction and will be turned back to the City of Chanhassen later this year. As such, the developer is required to obtain the appropriate permits from MnDOT to construct the local street connection. The developer proposes to construct a public cul-de-sac with the development. The proposed street will connect to Waters Edge Drive at the approximate location of the existing driveway. A portion of the existing driveway alignment to Lot 1, Block 1 will remain and will be surfaced with bituminous. This driveway will also provide access to Lot 2, Block 1; therefore, it must meet a seven-ton design. A building permit for Lot 2, Block 1 may be issued prior to installation of the public street and utilities. A final Certificate of Occupancy will not be granted until the public utilities are in and the first lift of asphalt has been installed on the street. The developer must submit a plan showing how access to the existing home on Lot 1, Block 1 and the proposed home on Lot 2, Block 1 will be maintained throughout construction. Todd Gerhardt Apple Tree Estates June 8, 2009 Page 4 of 14 RETAINING WALLS The developer proposes to construct a retaining wall on the east side of the cul-de-sac within the right-of-way. The maximum height of this retaining wall is 3.5 feet. Retaining walls over four feet high require a building permit and must be designed by an Engineer registered in the State of Minnesota. UTILITIES The developer proposes to extend eight-inch diameter public watermain from the existing watermain within Waters Edge Drive. Based on the location and alignment of the existing watermain, it does not appear that the watermain connection will require cutting into Waters Edge Drive. Eight-inch diameter public sanitary sewer is to extend from the existing sanitary sewer to the west of the property and within the proposed public cul-de-sac. The sanitary sewer will extend between Lots 3 and 4, Block 1, then south within the proposed public street. The existing sanitary sewer lies within a drainage and utility easement over a private driveway. The developer must notify the affected property owners a minimum of seven days before mobilizing to complete the sanitary sewer connection. The developer must ensure that the property owners will have access while the utility crew is working in the area. A security will be collected with the final plat to ensure that the disturbed area will be restored to the current condition. An outside drop must be constructed at the proposed sanitary sewer connection. The sanitary sewer service for Lot 2, Block 1 is proposed to extend from the existing sanitary sewer along the west property line. Lot 1, Block 1 is currently serviced by the lateral that extends along the shore of Lake Susan. The service for Lot 3, Block 1 will extend from the proposed lateral along the common lot line with Lot 4. The remaining lots will be serviced from the proposed lateral within the public street. A portion of the City water and sanitary sewer hook-up fee must be paid with the final plat and is calculated as follows: Water: 6 new units x $1,526/unit = $9,156 Sanitary sewer: 6 new units x $568/unit = $3,408 The developer proposes to install storm sewer and catch basins at the low point of the public street. The storm sewer will extend to the proposed pond. Storm sewer will extend to the southeast comer of Lot 6, Block 1 to capture off-site drainage. Todd Gerhardt Apple Tree Estates June 8, 2009 Page 5 of 14 P ARKS AND RECREATION This property is located within the neighborhood park service area for Chanhassen Hills Park. Future residents of Apple Tree Estates are afforded access to the park via the Waters Edge Drive pedestrian trail that connects to neighborhood streets in the Chanhassen Hills subdivision. Chanhassen Hills Park is 7.7 acres in size and features a playground, picnic area, sand volleyball, trails, skating rink, basketball court, and a ballfield. Off-street parking is available at the park. The playground was updated and expanded within the past few years. No additional parkland acquisition is being recommended as a condition of this subdivision. TRAILS The subject site has direct access to the Waters Edge Drive pedestrian trail. No additional trail construction is being recommended as a condition of this subdivision. Full park and recreation fees shall be collected for each new lot at the time of final plan recording. The fees shall be $34,800.00 (6 x $5,800). MISCELLANEOUS Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. Engineered design and building permits are required for retaining walls exceeding four feet in height. Demolition permits must be obtained before demolishing any structures. Existing home(s) affected by new street/cul-de-sac will require address changes. COMPLIANCE TABLE Lot Area non- Frontage Lake riparian/ Depth riparian(square regular/private (feet) Frontage Notes feet) street (feet) (feet) Code 15,000/20,000 90/100 125 90 0.344/0.459 ac. respectively L1 Bl 76,393 120 at bldg 530 179 at 1.754 ac., Riparian lot, setback survey line existing house; access via private street L2 Bl 77,206 100 at bldg 475 206 at 1.772 ac. Riparian lot, setback survey line bluff (30-foot setback); access via private street L3 Bl 19,035 140 169 NA 0.437 ac. Todd Gerhardt Apple Tree Estates June 8, 2009 Page 6 of 14 Lot Area non- Frontage Lake riparian! Depth riparian(square regular/private (feet) Frontage Notes feet) street (feet) (feet) UBI 18,618 100 188 NA 0.427 ac. L5 Bl 18,673 100 186 NA 0.429 ac. L6Bl 18,884 107 202 NA 0.434 ac. Ll B2 20,790 133 173 NA 0.477 ac. Corner lot Outlot A 28,302 0.65 ac., Storm water pond and wetland ROW 45,500 1.04 acres TOTAL 323,856 7.434 acres REVIEW CONDITIONS OF APPROVAL 1. Additional six-inch address numbers will be required at the entrance to the driveway of Lots 1 and 2, Block 1, where it comes off the cul-du-sac. * This condition still applies. 2. Additional six-inch address numbers will be required at the driveway where it splits between Lots 1 and 2, Block 1. *This condition still applies. 3. Contact Chanhassen Fire Marshal for exact locations and numbering requirements. *This condition still applies. 4. No burning permits will be issued for trees to be removed. Trees and scrubs must be removed from site or chipped. *This condition still applies. 5. A three-foot clear space must be maintained around fire hydrants and nothing be placed in front of the outlets to hinder firefighting operations. MN Fire Code Sec. 508.5.4. *This condition still applies. 6. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during time of construction except when approved alternate methods of protection are provided. MN Fire Code Sec. 501.4. *This condition still applies. Todd Gerhardt Apple Tree Estates June 8, 2009 Page 7 of 14 7. Temporary street signs are required to be installed as soon as construction begins. Signs shall be of an approved size, weather resistant and be maintained until replaced by permanent signs. MN Fire Code Sec.505.2. *This condition still applies. 8. A 30-foot wide private easement, cross-access and maintenance agreement must be submitted for the private street. *This condition still applies. 9. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. *This condition still applies. 10. Retaining walls over four feet high require a building permit and must be designed by an Engineer registered in the State of Minnesota. *This condition still applies. 11. Each lot must be provided with a separate sewer and water service. * This condition has been met 12. Demolition permits must be obtained before demolishing any structures. *This condition still applies. 13. Existing home(s) affected by the new street/cul-de-sac will require address changes. *This condition still applies. 14. The existing shed on proposed Lots 4, 5 and 6, Block 1, Apple Tree Estates must be removed concurrently with the installation of the street improvements. *This condition still applies. 15. Full park fees in lieu of parkland dedication and/or trail construction shall be collected as a condition of approval for Apple Tree Estates. The park fees shall be collected in full for all new homes at the rate in force upon final plat submission and approval. *This condition shall be modified as follows: Full park fees in the amount of $34,800.00 shall be collected in full prior to the final plat recording. Todd Gerhardt Apple Tree Estates June 8, 2009 Page 8 of 14 16. Applicant shall remove Colorado spruce from the planting list and transfer the quantity to other evergreens in the Plant Schedule or add a third evergreen species. A revised planting list shall be submitted to the city. *This condition still applies. 17. All trees proposed to be preserved shall be protected by tree preservation fencing. Fencing shall be installed prior to site development or grading and excavation for homes on each lot. Any trees shown as preserved on plans dated 1/15/09 and revised 2/25/09 must be replaced at a rate of 2: 1 diameter inches if removed. *This condition still applies. 18. The applicant shall locate the existing row of trees along the east side of Apple Tree Lane north of Lot 1, Block 2 relative to the proposed retaining wall and develop a plan to protect the trees. The survey and plan shall be submitted to the city for approval. *This condition shall be modified as follows: The applicant shall locate the existing row of trees along the east side of Apple Tree Lane north of Lot 1, Block 2 relative to the proposed retaining wall and develop a plan to protect the trees and confirm their structural integrity. The survey and plan shall be submitted to the city for approval before a notice to proceed is issued. 19. The building permit survey for Lot 2, Block 1 shall include the tree survey for the lot. Any additional tree removal on the lot greater than what is shown on subdivision plans dated1/15/09, revised 2/25/09, will need prior approval from the city and additional plantings may be required. *This condition still applies. 20. The applicant shall revise the landscape plan to show river birch and balsam fir or black spruce near the wetland rather than red oak and white spruce. *This condition still applies. 21. The plans and hydrology calculations must be revised so that the pond will hold back-to-back 100-year storms. *This condition has been met. 22. Correct the location and elevation of the wetland emergency overflow. *This condition has been met. Todd Gerhardt Apple Tree Estates June 8, 2009 Page 9 of 14 23. A piped EOF is required for the wetland. The developer's engineer shall examine possible locations for this connection and work with and obtain the necessary permission from the property owner/agency. *This condition has been met. 24. The driveway grades for Lot 3, Block 1 must be adjusted so that there is positive drainage along the entire driveway. *This condition no longer applies. 25. A building permit for Lot 2, Block 1 may be issued prior to installation of the public street and utilities. A final Certificate of Occupancy will not be granted until the public utilities are in and the first lift of asphalt has been installed on the street. *This condition still applies. 26. The developer must submit a plan showing how access to the existing home on Lot 1, Block 1 and the proposed home on Lot 2, Block 1, will be maintained throughout construction. *This condition still applies. 27. The top and bottom of wall elevations must be shown on the plans. *This condition has been met. 28. The plan must show the existing trees on the property to the east of the development, adjacent to the proposed retaining wall. The plans must be revised so that the off-site trees to the east of the development are not impacted with the retaining wall construction. *This condition has been met. 29. The developer is required to obtain the appropriate permits from MnDOT to construct the local street connection. *This condition still applies. 30. The developer must notify the affected property owners a minimum of seven days before mobilizing to complete the sanitary sewer connection. *This condition still applies. 31. A security will be collected with the final plat to ensure that the disturbed area will be restored to the current condition. *This condition still applies. Todd Gerhardt Apple Tree Estates June 8, 2009 Page 10 of 14 32. The storm sewer between the public street and the pond must be shifted to either the north or south property line of Lot 1, Block 2 to eliminate the drainage and utility easement through the property. *This condition has been met. 33. Any excavation within the wetland cannot result in a maximum inundation greater than six (6) feet in depth. *This condition has been met. 34. The finished bottom of the wetland shall be undulating providing varying depths. *This condition has been met. 35. Side slopes shall be no greater than 5: 1 on average and no greater that 3.5: 1 in any location. *This condition has been met. 36. Bottom of the wetland shall have a minimum 0.8 feet of organic soil materials or otherwise hydric soils. *This condition has been met. 37. A vegetation establishment plan must be developed and implemented for the wetland and the buffer area. In the event that no excavation occurs within the wetland, a vegetation management plan need only be developed and implemented for the buffer area. *This condition still applies. 38. Sequencing of erosion control measures need to be incorporated into the plan. This includes placement of perimeter controls prior to earth disturbing activities and excavation of the pond during the initial grading activities to be used as a temporary basin. *This condition still applies. 39. Silt fence must be included down gradient of all exposed soils. *This condition still applies. 40. Inlet protection shall be required within 24 hours of setting the structures on site. *This condition has been met. Todd Gerhardt Apple Tree Estates June 8, 2009 Page 11 of 14 41. Erosion and sedimentation BMPs must be placed to protect the structures in Waters Edge Dri ve. *This condition has been met. 42. A concrete washout area needs to be shown on the plan and must comply with the NPDES permit requirements. *This condition has been met. 43. A rock construction entrance, at least 75 feet in length, must be indicated on the plan. *This condition has been met. 44. An NPDES Permit will be required for the project. This must be obtained prior to commencement of any earth disturbing activities. *This condition still applies. 45. The pond and wetland should be put into an Outlot. This will result in a further reduction of SWMP fees. That portion of Lot 1, Block 2 east of the westerly normal water level elevation for the stormwater pond shall be included in a separate Outlot to facility pond maintenance. *This condition has been met. 46. City staff shall work with the applicant to make sure that the new proposal for drainage meets the City of Chanhassen Engineering Department's requirements including: a. The lOa-year storm event must be stored on site. This requirement presents a challenge because of the elevation of the culvert under the neighbor's driveway to the wetland. b. The peak elevation noted for the back-to-back lOa-year storms is higher than the driveway to the east. c. The exfiltration assumption used in the model must be verified. d. The discharge pipe must meet the minimum pipe slope requirement. *This condition has been met. Based on review of the final plans, staff is recommending the following conditions be added: 1. The developer must ensure that adjacent property owners will have reasonable access to their property while the utility crew connects to the existing sanitary sewer. A security will be collected with the final plat to ensure that the disturbed area will be restored to the current condition. Todd Gerhardt Apple Tree Estates June 8, 2009 Page 12 of 14 2. An outside drop must be constructed at the proposed sanitary sewer connection. 3. A portion of the City water and sanitary sewer hookup charges must be paid with the final plat and is calculated as follows: Water: 6 new units x $1,526/unit = $9,156 Sanitary sewer: 6 new units x $568/unit = $3,408 RECOMMENDATION Staff recommends that the City Council adopt the following motion: "The Chanhassen City Council approves the final plat for Apple Tree Estates creating seven lots, one outlot and public right-of-way, plans prepared by Plowe Engineering, me., dated 5/4/09, subject to the following conditions: 1. Additional six-inch address numbers will be required at the entrance to the driveway of Lots 1 and 2, Block 1, where it comes off the cul-du-sac. 2. Additional six-inch address numbers will be required at the driveway where it splits between Lots 1 and 2, Block 1. 3. Contact Chanhassen Fire Marshal for exact locations and numbering requirements. 4. No burning permits will be issued for trees to be removed. Trees and scrubs must be removed from site or chipped. 5. A three-foot clear space must be maintained around fire hydrants and nothing be placed in front of the outlets to hinder firefighting operations. MN Fire Code Sec. 508.5.4. 6. Fire apparatus access roads and water supply for fire protection is required to be installed. Such protection shall be installed and made serviceable prior to and during time of construction except when approved alternate methods of protection are provided. MN Fire Code Sec. 501.4. 7. Temporary street signs are required to be installed as soon as construction begins. Signs shall be of an approved size, weather resistant and be maintained until replaced by permanent signs. MN Fire Code Sec.505.2. 8. A 30-foot wide private easement, cross-access and maintenance agreement must be submitted for the private street. 9. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. Todd Gerhardt Apple Tree Estates June 8, 2009 Page 13 of 14 10. Retaining walls over four feet high require a building permit and must be designed by an Engineer registered in the State of Minnesota. 11. Demolition permits must be obtained before demolishing any structures. 12. Existing home(s) affected by the new street/cul-de-sac will require address changes. 13. The existing shed on proposed Lots 4,5 and 6, Block 1, Apple Tree Estates must be removed concurrently with the installation of the street improvements. 14. Full park fees in the amount of $34,800.00 shall be collected in full prior to the final plat recording. 15. Applicant shall remove Colorado spruce from the planting list and transfer the quantity to other evergreens in the Plant Schedule or add a third evergreen species. A revised planting list shall be submitted to the city. 16. All trees proposed to be preserved shall be protected by tree preservation fencing. Fencing shall be installed prior to site development or grading and excavation for homes on each lot. Any trees shown as preserved on plans dated 1/15/09 and revised 2/25/09 must be replaced at a rate of 2: 1 diameter inches if removed. 17. The applicant shall locate the existing row of trees along the east side of Apple Tree Lane north of Lot 1, Block 2 relative to the proposed retaining wall and develop a plan to protect the trees and confirm their structural integrity. The survey and plan shall be submitted to the city for approval before a notice to proceed is issued. 18. The building permit survey for Lot 2, Block 1 shall include the tree survey for the lot. Any additional tree removal on the lot greater than what is shown on subdivision plans dated1/15/09, revised 2/25/09, will need prior approval from the city and additional plantings may be required. 19. The applicant shall revise the landscape plan to show river birch and balsam fir or black spruce near the wetland rather than red oak and white spruce. 20. A building permit for Lot 2, Block 1 may be issued prior to installation of the public street and utilities. A final Certificate of Occupancy will not be granted until the public utilities are in and the first lift of asphalt has been installed on the street. 21. The developer must submit a plan showing how access to the existing home on Lot 1, Block 1 and the proposed home on Lot 2, Block 1, will be maintained throughout construction. 22. The developer is required to obtain the appropriate permits from MnDOT to construct the local street connection. Todd Gerhardt Apple Tree Estates June 8, 2009 Page 14 of 14 23. The developer must notify the affected property owners a minimum of seven days before mobilizing to complete the sanitary sewer connection. 24. A security will be collected with the final plat to ensure that the disturbed area will be restored to the current condition. 25. A vegetation establishment plan must be developed and implemented for the wetland and the buffer area. In the event that no excavation occurs within the wetland, a vegetation management plan need only be developed and implemented for the buffer area. 26. Sequencing of erosion control measures need to be incorporated into the plan. This includes placement of perimeter controls prior to earth disturbing activities and excavation of the pond during the initial grading activities to be used as a temporary basin. 27. Silt fence must be included down gradient of all exposed soils. 28. An NPDES Permit will be required for the project. This must be obtained prior to commencement of any earth disturbing activities. 29. The developer must ensure that adjacent property owners will have reasonable access to their property while the utility crew connects to the existing sanitary sewer. A security will be collected with the final plat to ensure that the disturbed area will be restored to the current condition. 30. An outside drop must be constructed at the proposed sanitary sewer connection. 31. A portion of the City water and sanitary sewer hookup charges must be paid with the final plat and is calculated as follows: a. Water: 6 new units x $1,526/unit = $9,156 b. Sanitary sewer: 6 new units x $568/unit = $3,408 32. Total SWMP fees due at final plat are $24,965.23." ATTACHMENTS 1. Location Map. 2. 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