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5 SUB 7305 Galpin Blvd.CITY OF CHANHASSEN PC DATE: Oct. 21, 2003 CC DATE: Nov. 10, 2003 REVIEW DEADLINE: 11/10/03 CASE #: 03-16 Sub., 03-6 CUP, 03-4 Rez BY: Robert Generous, et al. STAFF REPORT PROPOSAL: LOCATION: APPLICANT: Request for rezoning from Agricultural Estate District, A2, to Mixed Low Density Residential District, R4; preliminary plat approval creating five lots consisting of one single-family home and four twin home units with a variance for the use of a private street; and conditional use permit approval for development within the Bluff Creek Overlay District. 7305 Galpin Blvd. Klingelhutz Development 350 East Highway 212 Chaska, MN 55318 (952) 448-3330 PRESENT ZONING: Agricultural Estate District, A2, and Bluff Creek Overlay District, BCO 2020 LAND USE PLAN: Residential - Low Density (net density 1.2 - 4.0 units per acre) ACREAGE: 3.09 DENSITY: 1.62 gross, 2.88 net SUMMARY OF REQUEST: Rezoning of the property to R4 to permit a single-family home and two twin homes; subdivision approval creating five lots and one outlot containing Bluff Creek and the majority of the Bluff Creek primary zone with a variance for the use of a private street for access; and a conditional use permit for development within the Bluff Creek Overlay District. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings, PUD's, and amendments to PUD's because the City is acting in its legislative or policy making capacity. A rezoning or PUD, and amendment thereto, must be consistent with the City's Comprehensive Plan. The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City has limited discretion in approving or denying conditional use permits, based on whether or not the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the City finds that all the applicable conditional use permit standards are met, the permit must be approved. This is a quasi-judicial decision. '7465 2319 0 7240 7280 7300 7750 7609 7750 2201 2198 2180 2211 2199 2187 2173 7604 7602 7606 7470 7471 7476 7490 ,/ 7508 I-- 7491 7496 7509 7510 7475 7460 7495 7480 7511 750O BRINKER-ST- 2159 2145 2131 2117 2103 2091 2075 2059 2043 2027 7600 7596 7592~7588 7584 7580!7576 7572 7568 7564 7550 ' ' 7555 7601 7599 7595 7591 7587 7583¢7579 7575 ' 7571 7567 7563 7559 ........ i 7598 Pr°p°seC6~ubdivisi°n I ..... 2114 ~ [ 20~0~ .... 2032 ..--"- 7626 '-__4oo(76277 /< "2116211~21q2 2082~074~ = .20~'-" -~' ' 2p34~028, ~., ._ .'%..~..... ?~i~:~' ~'.~:~..~:~ 1 ~7~ ~. ~681~ :~0~2~ ~ 20~.1~.~ 57 2~."213~ '-' -. ''. /7650 ..... .."-. ;'~'a.~. '"'' '<'% /7656~ "~ % / ..... .-' .......... ", 76~5 ' -'--'::*:.-/, / 21712~63 '0 ': ':'--:/~14531~7~ 2125 ~10~ ~,6~4' 5-] .... 7897-. 203f : 214t ~2t33 ~74.~77~2 503~ 2031 ~0~3~6~ 2030 STATE HWY 5 ~853 //; 2310 i 0 o ~ October 2, 2003 Page 2 The developer is proposing an infill development creating two new two-family buildings. The existing house will remain on one lot within the development. The surrounding property was developed as part of the Walnut Grove development. This project proposes extending the private street to serve four additional dwelling units in 2 two-family homes (which was contemplated as part of the Walnut Grove development), which was required to record an access easement for this property. Sewer and water is available through the Walnut Grove project. The site is heavily wooded in the southern one-third of the site, adjacent to Bluff Creek. The property slopes from a high point in the northeast comer at elevation 984 down to the creek at an elevation of 944. The developer is preserving the southern portion of the property as part of Outlot A. APPLICABLE REGULATIONS Chapter 18, Subdivisions Sections 20-41 through 20-45, Amendments Sections 20-221 through 20-237, Conditional Use Permits Sections 20-631 through 20-637, R4 district regulations Sections 20-1551 through 20-1564, Bluff Creek Overlay District PROPOSAL/SUMMARY The applicant is rezoning the property to Mixed Low Density Residential District, R4, which permits single-family lots of 15,000 square feet and twin home lots of 10,000 square feet per unit. In conjunction with the rezoning, the applicant is subdividing the property to create a single-family home lot around the existing house and four twin home lots. Access to the existing home is proposed to remain off Galpin Boulevard. Access to the twin homes will be via a private street which will connect to Baneberry Way, which is also a private street. A conditional use permit is required for all development within the Bluff Creek Overlay district. The subdivision of the property is straightforward with the creation of five lots for development and one outlot, which will remain natural in appearance and preserved as open space. The applicant has included the majority of the Bluff Creek Primary Zone in Outlot A. Conservation easements shall be placed over all areas within the Bluff Creek primary zone. This will allow the City to restore and/or manage the natural resources in these areas. The developer may dedicate Outlot A to the city. The proposed development complies with all zoning requirements and is consistent with the comprehensive plan. Staff is recommending approval of the rezoning, subdivision, and conditional use permit. BACKGROUND The house was built in 1908. Development of Walnut Grove, the project to the east, began in 1997. An access easement, permitting the property to use Baneberry Way West, was recorded as part of the plat for Walnut Grove. October 2, 2003 Page 3 LANDSCAPING/TREE PRESERVATION Tree canopy coverage and preservation calculations have been submitted for Walnut Grove 2nd Addition. They are as follows: Total upland area (excluding wetlands) Baseline canopy coverage Minimum canopy coverage allowed Proposed tree preservation 132,200 SF or 3.03 ac. 36% or 47,485 SF 30% or 39,660 SF 34% or 44,533 SF Developer does meet minimum canopy coverage requirements. Bufferyard plantings are required along Galpin Boulevard for Lots 2-4. Total plantings required are: 1 overstory 2 understory 4 shrubs PARKS AND OPEN SPACE Walnut Grove Second Addition will have four lots that are subject to a park dedication fee and one lot (the existing home), which is exempt from park dedication. Prior to recording the final plat, the development is subject to the payment of $9,600 in park dedication fees ($2,400 per unit) based on 2003 park fees. WETLANDS One wetland basin exists on-site. The wetland is an ag/urban wetland that is a part of the Bluff Creek corridor. It is dominated by reed canary grass. No wetland impact is proposed. A wetland buffer of 0 to 20 feet in width (with a minimum average of 10 feet) must be maintained around the wetland. In order to accommodate the proposed building location on Lot 4, the wetland buffer should be 0 along the east side of the wetland and should be 20 ft. on the north and west sides. Wetland buffer areas should be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant must install wetland buffer edge signs, under the direction of City staff, before construction begins and must pay the City $20 per sign. The grading and erosion control plan should show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland buffer or, if no buffer is to be preserved, from the delineated wetland edge. BLUFF CREEK OVERLAY DISTRICT The Bluff Creek Overlay District was adopted in December 1998 as a tool for the preservation of Bluff Creek and the natural resources within its corridor. Bluff Creek flows through the southern portion of this property. The property also contains a forested riparian corridor and an ag/urban wetland. The primary zone encompasses the forested area, the wetland,and the wetland buffer. The secondary zone October 2, 2003 Page 4 encompasses the primary zone and the first 20 feet of the setback. A conservation easement should be dedicated over the primary zone. All structures must maintain at least a 40 foot setback from the primary zone. No disturbance of the site may occur within the first 20 feet of the setback. No alterations are proposed within the overlay district. Open space must comprise 100% of the primary zone. GRADING, DRAINAGE AND EROSION CONTROL The plans propose to grade about 25% of the site for the new house pads, a proposed private driveway, nd a storm water pond. The proposed lots are located in the east central portion of the site. The proposed grading will prepare the site for full basement house pads on Lots 2, 3, 4 and 5, Block 1. The existing site drainage flows south toward the existing creek. The plans propose to convey the northeasterly quadrant drainage to a proposed structure and carry the storm water via storm sewer to a proposed NURP pond. The remaining portion of the site will drain overland to the proposed storm water pond and/or the creek. Staff is recommending the creation of two swales between Lots 1 & 2 and Lots 3 & 4 to minimize neighborhood drainage impact on the houses. The applicant will be required to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements shall be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. Staff recommends that Type III silt fence be used along the south side adjacent to the secondary bluff creek line and Type II silt fence along the east and west sides of the grading area. In addition, tree preservation fencing must be installed at the limits of tree removal. A 75-foot minimum rock construction entrance must be added to the entrance that will be accessed during construction. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. Storm Water Management The proposed development is required to maintain existing runoff rates. On-site storm water ponding must be sufficient to meet all City water quality and quantity standards. A manhole with a two-foot sump should be installed as the last road accessible structure prior to discharge into the storm water pond. Riprap and geotextile fabric should be installed at the flared end sections of the inlet and outlet of the storm water pond. Easements Drainage and utility easements should be provided over all existing wetlands, wetland buffer areas, and storm water infrastructure. A drainage and utility easement should be dedicated over the 10 feet either side of the property line between Lots 3 and 4 in order to accommodate access for future storm water infrastructure maintenance. A drainage and utility easement should also be dedicated over the area in October 2, 2003 Page 5 the southwestern portion of Lot 3 that is currently not encumbered by a drainage and utility easement since water discharged from the storm water pond will flow through this area as it moves toward the wetland. Erosion Control Type III silt fence should be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. All upland areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched, covered with a wood-fiber blanket, or sodded within two weeks of completion of each activity in accordance with the City's Best Management Practice Handbook. Surface Water Management Fees Water Quality Fees Because of the impervious surface associated with this development, the water quality fees for this proposed development are based on single-family residential development rates of $949/acre. Based on the proposed developed area of approximately 2.24 acres, the water quality fees associated with this project are $2,126. Water Quantity Fees The SWMP has 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 SWMP 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. This results in a water quantity fee of approximately $5,259 for the proposed development. SWMP Credits This project proposes the construction of a NURP pond. The applicant will be credited for water quality where NURP basins are provided to treat runoff from the site. This will be determined upon review of the ponding and storm sewer calculations. Credits may also be applied to the applicant's SWMP fees for oversizing in accordance with the SWMP or the provision of outlet structures. The applicant will not be assessed for areas that are dedicated outlots. No credit will be given for temporary pond areas. At this time, the estimated total SWMP fee, due and payable to the City at the time of final plat recording, is $7,385. 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) and comply with their conditions of approval. October 2, 2003 Page 6 UTILITIES Municipal sewer and water service is available to the site from Baneberry Way. The existing house on Lot 1 is already connected to municipal sewer and water. The applicant is proposing to extend sewer and water lines along the private driveway to service proposed Lots 2, 3, 4, and 5. The proposed sanitary manholes must be low enough to serve the basement of Lots 2, 3, 4 and 5, Block I and public utility lines must be 10-feet inside the property line. According to the City's Finance Department records, the parcel was previously assessed for one sanitary sewer and water hookup. Since the developer will be responsible for extending lateral sewer and water service to the lots, the sanitary sewer and water connection charges will be waived. However, the sanitary sewer and water hookup charges will still be applicable for each of the new lots. The 2003 trunk hookup charge is $1,440 for sanitary sewer and $1,876 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. Upon completion of the utility improvements, the utilities will be turned over to the City for maintenance and ownership. The applicant is also required to enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA, Department of Health, MCES, and Watershed District. STREETS The applicant is proposing two accesses to the proposed lots. On the northwest comer of the parcel, an existing access off Galpin Lake Road will be utilized to serve the existing house on Lot 1. Another proposed new access off of Baneberry Way turning point will be servicing Lots 2, 3, 4, and 5 as a private driveway. As such, the driveway easement must be 30 feet wide with 20-feet of hard surface pavement and built to a 7-ton design. The developer must submit an inspection report certifying that the private street is built to a 7-ton design prior to certificate of occupancy. There is an existing turnaround at the end of Baneberry Way; Because of this, the Fire Marshal is not requiring an additional turnaround. EASEMENTS Conservation easements shall be dedicated over all areas within the Bluff Creek primary zone. REZONING/COM PLAN (If required) 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: a) 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 October 2, 2003 Page 7 Plan. The property is guided for Residential - Low Density uses. R4 is an appropriate zoning for the property. b) The proposed use is or will be compatible with the present and future land uses of the area. This development will develop at a lower density than the property to the east. c) The proposed use conforms with all performance standards contained in the Zoning Ordinance. 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. Traffic generation by the proposed use is within capabilities of streets serving the property. Access to the existing house will be via the existing driveway on Galpin Boulevard. The additional dwellings will be accessed via Baneberry Way West, a private street. COMPLIANCE TABLE Area (square feet) Width (feet) Depth (feet) Setbacks: front, rear, side, Bluff Creek primary zone, wetland Code-single-family 15,000 80 125 30, 30, 10, 40, 40 Code-two-family 10,000 50 125 30, 30, 10, 40, 40 Lot 1 25,985 104 250 30, 30, 10, na, na Lot 2 12,495 50 250 30, 30, 10, na, 40 Lot 3 12,495 50 250 30, 30, 10, 40, 40 Lot 4 11,714 50 176 30, na, 10, 40, 40 Lot 5 12,873 125 129 30, na, na, 40, na Outlot 37,196 ROW 21,842 Total 134,600 PRIVATE STREET FINDINGS In order to permit private streets, the city must find that the following conditions exist: 1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. The site is being accessed via an existing private street through the Walnut Grove development for which an access easement was recorded as part of the Walnut Grove development. The location of the Bluff Creek Primary zone and the small wetland on site make it unfeasible to construct a public street. October 2, 2003 Page 8 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. No additional access will be permitted to Galpin Boulevard. 3) The use of the private street will permit enhanced protection of the city's natural resources including wetlands and forested areas located in the Bluff Creek primary zone. 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. Finding: The hardship is not a mere inconvenience. The proposed private street preserves significant site features and connects to an existing private street. 2) The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. Finding: The hardship is caused by the particular physical surroundings, shape and topographical conditions of the land, the Bluff Creek primary zone. 3) The conditions upon which the request is based are unique and not generally applicable to other property. Finding: The conditions upon which the request is based are unique and not generally applicable to other properties due to the unique site features. 4) The granting of the variance wilt not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. Finding: 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. SUBDIVISION FINDINGS 1) The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the R4, Mixed Low Density Residential District. October 2, 2003 Page 9 2) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; Finding: The proposed subdivision is consistent with applicable plans. 3) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; Finding: The proposed site is suitable for development subject to the conditions specified in this report. 4) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; Finding: The proposed subdivision is served by adequate urban infrastructure. 5) The proposed subdivision will not cause environmental damage; Finding: The proposed subdivision will not cause excessive environmental damage subject to conditions of approval. 6) The proposed subdivision will not conflict with easements of record. Finding: The proposed subdivision will not conflict with existing easements, but rather will expand and provide all necessary easements. 7) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a) Lack of adequate storm water drainage. b) Lack of adequate roads. c) Lack of adequate sanitary sewer systems. d) Lack of adequate off-site public improvements or support systems. Finding: The proposed subdivision is provided with adequate urban infrastructure. CONDITIONAL USE PERMIT FINDINGS When approving a conditional use permit, the City must determine the capability of a proposed development with existing and proposed uses. The general issuance standards of the conditional use Section 20-232, include the following 12 items: 1) Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. October 2, 2003 Page 10 Finding: The proposed development, within the BCO, will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the city. 2) Will be consistent with the objectives of the city's comprehensive plan and this chapter. 3) Finding: The proposed development is consistent with the comprehensive plan. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. Finding: The proposed development of low density housing is compatible with the BCO and surrounding development. 4) Will not be hazardous or disturbing to existing or planned neighboring uses. 5) 6) 7) 8) Finding: The proposed development will not be hazardous or disturbing to the existing neighboring uses. The proposed development will preserve the BCO primary zone in its entirety. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Finding: The proposed development will be served by adequate public infrastructure. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community. Finding: The proposed intensity of development was anticipated as part of the city's comprehensive plan and will not create excessive requirements for public facilities and services. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash. Finding: The proposed development will not be detrimental to persons or property or the general welfare of the area. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or surrounding public thoroughfares. Finding: The proposed development will be served via a private street. October 2, 2003 Page 11 9) Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. Finding: The proposed development will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. 10) Will be aesthetically compatible with the area. Finding: The proposed development will be aesthetically compatible with the area. 11) Will not depreciate surrounding property values. Finding: The proposed development will not depreciate surrounding property values. 12) Will meet standards prescribed for certain uses as provided in this article. Finding: The proposed development will meet standards for the R4 and BCO districts. RECOMMENDATION Staff recommends that the Planning Commission adopt the following three motions (rezoning, subdivision and conditional use permit): A. "The Chanhassen Planning Commission recommends approval of the rezoning of the property from Agricultural Estate District, A2, to Mixed Low Density Residential District, R4." B. "The Chanhassen Planning Commission recommends approval of the preliminary plat for Walnut Grove Second Addition, plans prepared by Otto Associates, dated 8/18/03, subject to the following conditions: 1) At the time of final plat recording, the developer shall pay full park dedication fees for the four lots that are subject to a park dedication fees. 2) Conservation easements shall be dedicated over all areas within the Bluff Creek primary zone. 3) Tree preservation fence shall be installed at the edge of the grading limits prior to any construction. Fencing shall protect trees on proposed lots as well as trees in neighboring properties located next to the grading limits. Any trees lost due to construction that are not shown as such on plans shall be replaced at a rate of 2:1 diameter inches. 5) Applicant shall submit landscape plans for foundation plantings for units. A minimum of one overstory tree will be required in the front yard of each lot. 4) October 2, 2003 Page 12 6) Bufferyard plantings are required along Galpin Boulevard. Planting requirements are: 1 overstory tree, 2 understory trees, and 4 shrubs. 7) Any portion of a building within three feet of a property line must be of one-hour tire-resistive construction and location of openings may be restricted. Consideration must be given to the placement of property lines prior to platting the property. 8) A final grading plan and soils report must be submitted to the Inspections Division before permits will be issued. 9) Meet with the Inspections Division as soon as possible to discuss plan review and permit procedures. 10) A wetland buffer of 0 to 20 feet in width (with a minimum average of 10 feet) shall be maintained around the wetland. In order to accommodate the proposed building location on Lot 4, the wetland buffer shall be zero (0) feet along the east side of the wetland and shall be twenty (20) feet on the north and west sides. Wetland buffer areas shall be preserved, surveyed and staked in accordance with the City's wetland ordinance. The applicant shall install wetland buffer edge signs, under the direction of City staff, before construction begins and shall pay the City $20 per sign. il) The grading and erosion control plan shall show the actual wetland buffer widths proposed to meet the minimum average buffer width requirements as well as the 40-foot wetland buffer setback. All structures shall maintain at least a 40-foot setback from the edge of the wetland buffer or, if no buffer is to be preserved, from the delineated wetland edge. 12) A conservation easement shall be dedicated over the Bluff Creek primary zone. All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone. 13) The proposed development shall maintain existing runoff rates. On-site storm water ponding shall be sufficient to meet all City water quality and quantity standards. 14) A manhole with a two-foot sump shall be installed as the last road accessible structure prior to discharge into the storm water pond. 15) Riprap and geotextile fabric shall be installed at the flared end sections of the inlet and outlet of the storm water pond. 16) A drainage and utility easement must be dedicated over the 10 feet either side of the property line between Lots 3 and 4 in order to accommodate access for future storm water infrastructure maintenance. A drainage and utility easement must be dedicated over the area in the southwestern portion of Lot 3 that is currently not encumbered by a drainage and utility easement since water discharged from the storm water pond will flow through this area as it moves toward the wetland. October 2, 2003 Page 13 17) Type III silt fence shall be provided adjacent to all areas to be preserved as buffer or, if no buffer is to be preserved, at the delineated wetland edge. 18) All upland areas disturbed as a result of construction activities shall be immediately restored with seed and disc-mulched, covered with a wood-fiber blanket or sodded within two weeks of completion of each activity in accordance with the City' s Best Management Practice Handbook. 19) Based on the proposed developed area of approximately 2.24 acres, the estimated total SWMP fee, due and payable to the City at the time of final plat recording, is $7,385. 2o) 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) and comply with their conditions of approval. 21) Show the existing street name "Baneberry Way." 22) Prior to final plat approval, a professional civil engineer registered in the State of Minnesota must sign all plans. 23) Sanitary sewer and water hookup charges are applicable for each of the new lots. The 2003 trunk hookup charge is $1,440 for sanitary sewer and $1,876 for watermain. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. 24) The applicant will be required to meet the existing site runoff rates for the 10-year and 100-year, 24-hour storm events. The proposed pond must be designed to National Urban Runoff Program (NURP) standards. The storm sewer must be designed for a 10-year, 24-hour storm event. Drainage and utility easements shall be dedicated on the final plat over the public storm drainage system including ponds, drainage swales, and wetlands up to the 100-year flood level. The minimum easement width shall be 20 feet wide. 25) Use Type Ill silt fence along the secondary bluff creek overlay zone line on the south side and use Type II silt fence along the west and east sides of the grading area. In addition, tree preservation fencing must be installed at the limits of tree removal. A 75-ft. minimum rock construction entrance should be added to the entrance that will be accessed during construction. The applicant should be aware that any off-site grading will require an easement from the appropriate property owner. 26) Permits from the appropriate regulatory agencies must be obtained, including but not limited to the MPCA, Department of Health, Watershed District, Carver County, etc. 27) The applicant shall enter into a development contract with the City and supply the necessary financial security in the form of a letter of credit or cash escrow to guarantee installation of the improvements and the conditions of final plat approval. October 2, 2003 Page 14 28) Submit detailed construction plans and specifications for the public utility improvements before final platting. 29) Construct public utility improvements in accordance with the City's latest edition of Standard Specifications and Detail Plates. 30) Installation of the private utilities for the site will require permits and inspections through the City's Building Department. 31) Seed and mulch or sod the site within two weeks of grading. Submit haul route for City approval prior to any hauling. 32) On the grading plan: 33) 34) 35) 36) a) Add a storm sewer schedule. b) Add silt fence Type III along the secondary bluff creek zone line on the south side and silt fence Type II along the west and east sides of the grading area. c) Show a minimum 75-foot rock construction entrance. d) Show all existing and proposed easements. e) Add a bench mark. f) Show the storm sewer manholes rim and invert elevations. On the a) b) c) d) e) g) h) i) j) k) l) utility plan: Show proposed utility lines 10-feet inside property line. Add a note, "Connection to existing manhole must be core drilled." Show sanitary manhole rim and invert elevations. Show minimum 10-ft. horizontal separation between sanitary and watermain lines. Show all existing and proposed utility easements. Show proposed house lower level elevations. Show sanitary sewer and watermain pipe class and slope. Show a temporary utility easement to work outside property limit. Show the location of proposed and existing water and sanitary services. Show the proposed sanitary and watermain in profile view within the construction area. All public watermain will be PVC, C-900 pipe All public sanitary sewer pipe type will be PVC, SDR35. On the street and storm plan: a) Last storm manhole discharging to the pond must include a 2-foot sump. b) Show the proposed and existing street easements. Add a legend to the plans. Add the latest version of City of Chanhassen detail plates# 1002, 1004, 1005, 1006, 2001, 2101, 2109A, 3101, 3102, 3104, 3107, 3108, 3109, 5200, 5203, 5207, 5300, 5301 and 5302. October 2, 2003 Page 15 37) The driveway easement must be 30 feet wide with 20-feet of hard surface pavement and built to a 7-ton design. The developer will be required to provide inspection reports verifying the private street construction complies with this requirement. 38) Structure setbacks shall comply with the following table: Setbacks: front, rear, side, Bluff Creek primary zone, wetland Lot 1 30, 30, 10, na, na Lot 2 30, 30, 10, na, 40 Lot 3 30, 30, 10, 40, 40 Lot 4 30, na, 10, 40, 40 Lot 5 30, na, na, 40, na 39) The current cul-de-sac issue must be addressed. The developer shall contact the Chanhassen City Engineer and Chanhassen Fire Marshal for options in making a permanent turnaround." C. "The Chanhassen Planning Commission recommends approval of the Conditional Use Permit #2003-6 for development within the Bluff Creek Overlay District subject to the following conditions: 1) All structures shall maintain at least a 40 foot setback from the primary zone. No disturbance of the site shall occur within the first 20 feet of the setback. Open space shall comprise 100% of the primary zone. 2) The site shall develop substantially in compliance with Subdivision 03-16, Walnut Grove 2nd Addition." ATTACHMENTS: 1) Findings of Fact and Recommendation 2) Development Review Application 3) Reduced Copy of Preliminary Plat 4) Letter from Carver Soil & Water Conservation District to Robert Generous dated 9/23/04 5) Notice of Public Hearing and Notified Property Owners List. October 2, 2003 Page 16 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Klingelhutz Development for Rezoning, Subdivision and Conditional Use Permit approval. On October 21, 2003, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Klingelhutz Development for rezoning from Agricultural Estate District, A2, to Mixed Low Density Residential District, R4; preliminary plat approval creating five lots consisting of one single-family home and four two-family home units, with a variance for the use of a private street and a conditional use permit for development within the Bluff Creek Overlay District. The Planning Commission conducted a public hearing on the proposed development 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 o o ° The property is currently zoned Agricultural Estate District and is located within the Bluff Creek Overlay District. The property is guided in the Land Use Plan for Residential - Low Density use. The legal description of the property is: see Exhibit A The proposed subdivision is consistent with the zoning ordinance. The rezoning of the property to R4 is consistent with the land use designation of the property for Residential - Low Density use. The proposed development complies with the Bluff Creek Overlay standards. The proposed development is consistent with all applicable city, county and regional plans including but not limited to the city's 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. The proposed development makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by the city. 8. The proposed development will not cause significant environmental damage. October 2, 2003 Page 17 9. The proposed subdivision will not conflict with easements of record. 10. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: no 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. 11. The planning report # 03-16 Subdivision, 03-6 CUP, 03-4 Rezoning dated October 21, 2003, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Rezoning, Preliminary Plat and Conditional Use Permit. ADOPTED by the Chanhassen Planning Commission this 21st day of October, 2003. CHANHASSEN PLANNING COMMISSION BY: Its Chairman ATTEST: Secretary EXHIBIT A Legal Description Parcel 1: That part of the Southwest Quarter of Section 10, Township 116, Range 25, Carver County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet to a point on a 3452.34 foot radius curve, the center of circle of said curve 'bearing North 79 degrees 30 minutes 09 seconds West from said point; thence Southwesterly along said curve, a distance of 469.80 feet, central angle 07 degrees 47 minutes 49 seconds; thence South 18 degrees 17 minutes 40 seconds West along tangent, a distance of 64.00 feet to the actual point of beginning of the tract to be described; thence continuing South 18 degrees 17 minutes 40 seconds West, a distance of 282.12 feet; thence South 65 degrees 12 minutes 03 seconds East, a distance of 33.12 feet to a point that is hereafter referred to as Point A. Point A is described as beginning at the point of intersection of the Northerly right-of-way line of Minnesota Trunk Highway No. 5 and a line 33.00 feet Southeasterly of, measured at right angles to and parallel with the centerline of Carver County Road No. 117; thence on an assumed bearing of North 18 degrees 17 minutes 40 seconds East and parallel with the centerline of said Carver County Road No. 117, a distance of 725.00 feet to said Point A. Thence from said Point A, South 65 degrees 12 minutes OJ7 Southeast East, a distance of 268.73 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 316.33 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of ,~00.00 feet to the point of beginning. Legal Description Parcel 2: That part of the Southwest Quarter of Section 10, Township 116, Range 25, Carver County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along fha West line of said Southwest Quarter, a distance of 1215.40 feet; thence North 88 degrees 05 minutes 20 seconds East, a distance of 1190.41 feet; thence Southerly a distance of $8,~.79 feet along a curve not tangential with the last described line, said curve is concave to the West, has a radius 5452.54 feet and a central angle of 6 degrees 22 minutes 10 seconds and the chord of said curve bears South 15 degrees 40 minutes 55 second West to the point of beginning of the tract to be described; thence continuing Southerly, a distance of 86,01 feet along said curve concave to the West, having a radius of 5452.54 feet, a central angle of 01 degree 25 minutes 59 seconds; thence South 18 degrees 17 minutes 40 seconds West, tangent to said curve, a distance of 64.00 feet; thence South 71 degrees 42 minutes 20 seconds East, a distance of $00.00 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 150.00 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 501.07 feet to the point of beginning. CITY OF CHANHASSEN 7700 MARKET BOULEVARD CHANHASSEN, MN 55317 (952) 227-1100 DEVELOPMENT REVIEW APPLICATION ~r'lrY OF C:~ J~II, NHASSEN PLANNING DEPT ADDRESS: ~-~ ~--~{~ E F-~,,.~.~,~ ~'i ~ TELEPHONE (Daytime) 4~ 5,) - ~/'/'~" '~ 55 (', ADDRESS: d TELEPHONE: Comprehensive Plan Amendment __ Temporary Sales Permit Conditional Use Permit Interim Use Permit __ Non-conforming Use Permit Planned Unit Development* __ Rezoning ~ Vacation of ROW/Easements .~ Variance ~r"~" Wetland Alteration Permit __ Zoning Appeal __ Zoning Ordinance Amendment __ Sign Permits __ Sign Plan Review Notification Sign Site Plan Review* Subdivision* X Escrow for Filing Fees/Attorney Cost** ($50 CUP/SPRNACNARANAP/Metes and Bounds, $400 Minor SUB) TOTAL FEE $ i ;] r~' ?-¢ h:' ~'-:: A list of all property owners within 500 feet of the boundaries of the property must be included with the application. Building material samples must be submitted with site plan reviews. *Twenty-six full size folded copies of the plans must be submitted, including an 8Yz" 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. LOCATION LEGAL DESCRIPTION TOTAL '3 ~ q ACREAGE ' WETLANDS PRESENT PRESENT ZONING YES __ 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 apTicant. / =.. /~/, I /. I S~natur~f Fe~ O~ner . Application Received on Fee Paid Receipt No. '"~1~1 ~13~ 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 repo~ will be mailed to the applicant's ~~.~ % '~'.~,~-- '~,-..o,-t~''~,4- (._~-A.~ ~l~'~~ ~1'~I'1~)~ Tom Heiland From: Sent: To: Subject: Kara Knutson [kara@ottoassociates.com] Tuesday, September 09, 2003 9:38 AM Tom Heiland Legal Description for Walnut Grove second Legal Description - Parcel 1: That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet to a point on a 3452.34 foot radius curve, the center of circle of said curve bearing North 79 degrees 30 minutes 09 seconds West from said point; thence Southwesterly along said curve, a distance of 469.80 feet, central angle 07 degrees 47 minutes 49 seconds; thence South 18 degrees 17 minutes 40 seconds West along tangent, a distance of 64.00 feet to the actual point of beginning of the tract to be described; thence continuing South 18 degrees 17 minutes 40 seconds west, a distance of 282.12 feet; thence South 65 degrees 12 minutes 03 seconds East, a distance of 33.12 feet to a point that is hereafter referred to as Point A. Point A is described as beginning at the point of intersection of the Northerly right-of- way line of Minnesota Trunk Highway No. 5 and a line 33.00 feet Southeasterly of, measured at right angles to and parallel with the centerline of Carver County Road No. 117; thence on an assumed bearing of North 18 degrees 17 minutes 40 seconds East and parallel with the centerline of said Carver County Road No. 117, a distance of 725.00 feet to said Point A. Thence from said Point A, South 65 degrees 12 minutes 03 Southeast East, a distance of 268.73 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 316.33 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 300.00 feet to the point of beginning. Legal Description - Parcel 2: That part of the Southwest Quarter of Section 10, Township 116, Range 23, Carver County, Minnesota, described as follows: Commencing at the West Quarter corner of said Section 10; thence on an assumed bearing of South 01 degree 56 minutes 40 seconds East along the West line of said Southwest Quarter, a distance of 1213.40 feet; thence North 88 degrees 03 minutes 20 seconds East, a distance of 1190.41 feet; thence Southerly a distance of 383.79 feet along a curve not tangential with the last described line, said curve is concave to the West, has a radius 3452.34 feet and a central angle of 6 degrees 22 minutes 10 seconds and the chord of said curve bears South 13 degrees 40 minutes 55 second West to the point of beginning of the tract to be described; thence continuing Southerly, a distance of 86.01 feet along said curve concave to the West, having a radius of 3452.34 feet, a central angle of 01 degree 25 minutes 39 seconds; thence South 18 degrees 17 minutes 40 seconds West, tangent to said curve, a distance of 64.00 feet; thence South 71 degrees 42 minutes 20 seconds East, a distance of 300.00 feet; thence North 18 degrees 17 minutes 40 seconds East, a distance of 150.00 feet; thence North 71 degrees 42 minutes 20 seconds West, a distance of 301.07 feet to the point of beginning. Sincerely, Kara Knutson Otto Associates, Engineers and Land Surveyors, Inc 9 West Division Street Buffalo, MN 55313 763-682-4727 kara@ottoassociates.com i Ni'~ 'N=ISSYHNVHO J.N:ilNdO'T:IA~(] 7_J.l'lH'l::) E)NI'IX NOIJ_IOOV ONOO:IS =IAO~D J. FIN-IVAA CAR VER ~¢4'~§ C,a~I~ 219 East Frontage Road Waconia, MN 55387 ~ 'l g4~5 ~ Phone: 952-442-5101 http:l/w~ w.co.car~er, mn.us/SB'Cl)/S~ CD main.html 31ixsion Statement: 7o/~rr)wde/eader~h~? m co,,sct'v~t~rm ~md t~ ~wh rtcu~r'd~'h~]~ o/ th~ ~oi/, w~tcr', ami rel~t~d resourccx thr, nt,~h a J*a/:m~ e~. Septem~r 23, 2003 R~en Generous, Semor Plier Ci~ of C~as~n 7700 ~ket Boulevard C~hassen, ~ 55317 Re: Proposed Walnut Grove Second Addition Development Mr. Generous: Thank you for sending a copy of the 2003-16 Site Plan, Walnut Grove Second Addition development to rite SWCD office. Please review the following storm water, erosion, and sediment control comments and recommendations. Storm Water Beginning March 10, 2003 all developments disturbing 1-acre or more or part of a contiguous development which will disturb more than l-acre require a National Pollutant Discharge Elimination System (NPDES) permit from the Pollution Control Agency (PCA). The owner / operator of the proposed development must apply for and receive the NPDES permit prior to beginning construction activities. Any development disturbing more than 1-acre and creating more than 1-acre of impervious surface must also have permanent storm water treatment. It appears this is being done as the Walnut Grove preliminary plan shows the storm water runoff being managed by a proposed storm water basin. High water levels / elevations of the pond and wetland and thc elevations of the lowest level of the proposed walkouts should be double checked. It appears the elevations of the dwellings may be too Iow. Erosion Control Riprap and gcotextile fabric needs to be installed at thc flared end sections of the inlet and outlet of thc storm water basin. Sediment Control The proposed silt fence should be extended 40 feet to the east and 20 feet to the west; the ends of the silt fence should be angled up-slope in a crescent or 'smile' formation. A light dub' silt fence should be installed between the duplexes and the storm water pond following the outlet installation and during home construction. Inlet control is needed following installation of inlet structures. Inlet control methods will be varied before and after pavement of the street. Before pavement, inlet protection could consist of heavy. 4uty mono-mono silt fence with 4 foot spacing of metal T-posts and 1" rock around silt fence material. After pavemenk mulch socks, sand bags or rock and wire could be used as temporary inlet control. If there are any questions regarding this review please contact the SWCD office. Sincereav. Aaron Mlynek~ CPESC-IT Urban Conservation Technician \N I,:QI' \I, OI'I'ORI'I :NITY t':MI'I,OYI']~ NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING TUESDAY, OCTOBER 21,2003 AT 7:00 P.M. CITY HALL COUNCIL CHAMBERS 7700 MARKET BLVD. PROPOSAL: Rezoning, Subdivision, and Conditional Use Permit for a Single Family Home and Twin Home Units APPLICANT: Klingelhutz Development LOCATION: 7305 Galpin Blvd. NOTICE: You are invited to attend a public hearing about a proposal in your area. The applicant, Klingelhutz Development, is requesting rezoning of 3.09 acres from A2, Agricultural Estate District to R4, Mixed Low Density Residential; subdivision approval creating five lots consisting of one single family home and four twin home units with a variance request; and a conditional use permit for development within the Bluff Creek Corridor, located at 7305 Galpin Blvd., Walnut Grove Second Addition. 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 or e-mail bgenerous@ci.chanhassen.mn.us. 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 October 9, 2003. "1 Proposod Location Smooth Feed SheetsTM Use template for 5t60® DOUGLAS C & THERESA J BENTZ 7280 GALPIN BLVD EXCELSIOR MN 55331 BRIAN & KAREN WALKER 7591 WALNUT CRV CHANHASSEN MN 55317 LEROY C & HELEN E WICKSTROM C/O CAROL KOCH 14342 GOLF VIEW DR EDEN PRAIRIE MN 55346 ERIC A BAKKEN & JOAN H WADE 7606 WALNUT CRV SHANHASSEN MN 55317 DAVID K & CHRISTINA J STREETER 7598 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 RICHARD H SR & BARBARA KELLER 2130 CLOVER CT CHANHASSEN MN 55317 KYLE A & LEAH C PLATH 7604 WALNUT CRV CHANHASSEN MN 55317 THEODORE A & ANGELA M ELLEFSON 7609 WALNUT CRV CHANHASSEN MN 55317 WALNUT GROVE HOMEOWNERS ASSN C/O GITTLEMAN MGMT CORP 1801 E 79TH ST SUITE 21 BLOOMINGTON MN 55425 JONATHAN D & MARCIA L MAPLES ;'602 WALNUT CRV CHANHASSEN MN 55317 ROBERT G & MELISSA L REED 7611 PRAIRIE FLOWER BLVD CHANHASSEN MN 55317 KLINGELHUTZ DEVELOPMENT CO 350 HWY 212 E PO BOX 89 CHASKA MN 55318 SCOTT A & HEATHER D HALLOFF 7600 WALNUT CRV CHANHASSEN MN 55317 MARK & CONSTANCE LANTERMAN 7612 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