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CC Minutes 02-25-2013Chanhassen City Council – February 25, 2013 Chief John Wolff: Thank you. Mayor Furlong: Appreciate your time. Move on now with the next item under new business. TH FRETHAM 15 ADDITION, 6300 CHASKA ROAD, APPLICANT: CURT FRETHAM: REQUEST FOR A 4 LOT SINGLE FAMILY SUBDIVISION ON 2.29 ACRES ZONED SINGLE FAMILY RESIDENTIAL (RSF). Bob Generous: Thank you Mayor, council members. Fretham15th Addition is a subdivision review. The applicant Curt Fretham and Lakewest Development Company is requesting a 4 lot split of a property located on Chaska Road. The corner of Chaska Road and Highway 41. You can see from the inset it’s over a 2 acre parcel and they’re proposing, there is an existing single family home on it. They’re proposing to relocate the existing home and create 3 new lots for new housing. Again it’s a 4 lot subdivision for single family detached housing. The property is zoned single family residential and it’s guided for low density residential. The proposed development is consistent with both the zoning ordinance and the City’s Comprehensive Plan. Again here they’re showing a potential building sites for the new homes that would go on the property. The most westerly house would be the one that’s moved from the middle of the property over to the west end and then 3 new housing sites would be built on the development. Access would be via Chaska Road, which is a local street and sewer and water are in Chaska Road so they will be extended to this development. As part of the City will be upgrading Chaska Road as part of it’s road projects and we’re working with coordinating the utility extension because it’s on the south side, to the north side of the road with that improvement. The developer will be mass grading the site to the extent of making the building pads work on the property. On the east side of the property there is a wetland complex and that does constrain the building area of Lot 1. It’s forced to be in the more northerly part of the site. As part of this project they also are putting in stormwater ponding and they’ll work to maintain the Highway 41 drainage goes along the west side of the property. The only issue we had was on Lot 1. As I stated this is a constrained site because of the wetland. It sort of wraps around this site so the setbacks, primary setbacks are shown in red on this diagram. That’s where the house can be located. The secondary setback is for accessory structures and that’s a green line so they could put sheds or play equipment or accessory structures on the property. It is sufficient to build on and he has proposed a building plan that he has built before so it fits on the site. The issues with this site are the constrained building envelopes so there’s, once they put the house in there’s not a lot of expansion that they can do except for accessory structures. They showed us a plan that they can maintain the driveway grade at 10% and it’s just a small portion of the driveway immediately adjacent to the house. And then the other restriction is that they’ll need an ejector pump for their sewer system on this because the lowest basement floor will be below the grade elevation of the sewer in Chaska Road. With that they are providing some landscaping along Highway 41. This is in locations that are devoid of existing vegetation. In the other areas they are preserving significant areas of trees and shrubs and so this will help to fill that in. We are recommending approval of the subdivision subject to the conditions of the staff report and adoption of the Findings of Fact by the Planning Commission. With that I’d be happy to answer any questions. Mayor Furlong: Thank you. Any questions for Mr. Generous? Councilman Laufenburger. Councilman Laufenburger: Bob is, you mentioned that this lot prior to the subdivision, this is on Chaska Road and Chaska Road is part of the street improvement project for this year, is that correct? Bob Generous: That’s correct. 5 Chanhassen City Council – February 25, 2013 Councilman Laufenburger: So will the assessment of Chaska, and maybe this isn’t a question for you but perhaps of Mr. Oehme but will the assessment for this property be now 4 separate assessments or will it still be one assessment? Who wants to take this? Mayor Furlong: I think that’s a condition. Go ahead Mr. Oehme. Paul Oehme: Yeah, try to take it. Mr. Laufenburger, City Council members. The plan right now or currently the lot is one lot. It hasn’t been subdivided yet so it’s not, those extra 3 lots are not a lot of record. Councilman Laufenburger: As of right now. Paul Oehme: As of right now. Councilman Laufenburger: Okay. Paul Oehme: So we are planning to take this, going through the process, the assessment hearing is scheduled for the end of April. We’re not anticipating that the developer will be subdividing their lots prior to that date so right now it looks like there’s only going to be one lot of record prior to that assessment hearing. Councilman Laufenburger: So our action tonight Mr. Generous is to approve this subdivision. It’s up to the lot owner to determine when he takes advantage of that approval, is that correct? Bob Generous: That’s correct. They have up to a year from preliminary plan approval to final plat. Councilman Laufenburger: Okay. Thank you Mr. Generous. Thank you Mayor. Mayor Furlong: Okay. I guess in addition to that Mr. Oehme there is the expectation that the utility hook-up’s will take place either before or at the time that the street project is done, is that correct? Paul Oehme: Correct. Yeah Mayor we are currently working with the developer and his contractor and try to coordinate the service extensions to the future lots in conjunction with our street improvement project if it moves forward. We are anticipating that the utilities would be put in with our project and then we would assess them back 100% for those costs for that extension. Mayor Furlong: Okay. So is that being, and we’ll get to that but would that be a bid alternate then that that’s going to go forward on? We’ll have to make that decision at some point. Paul Oehme: Right. We’ll have to. Mayor Furlong: In conjunction with the property owner. Paul Oehme: Exactly. We’re planning to get bids on that and then dependent on how it plays out we’ll probably end up taking alternates on it and at least getting a price at this time by the contractor for that work. Mayor Furlong: So I think it sure would be prudent and desirable to have that utility work done before we get a new street there. Paul Oehme: Absolutely. 6 Chanhassen City Council – February 25, 2013 Mayor Furlong: So we don’t have to dig up a new street so okay. Other questions for staff from members of the council? Alright. Is the applicant or their representative here this evening? Good evening. Curt Fretham: Hello. Curt Fretham, Lakewest Development. Thank you all for hearing our application tonight. Bob and his staff have been very good to work with on the project and I really don’t have a lot to add but I am here for questions if you have any. Mayor Furlong: Thank you. Any questions for the developer, applicant? Okay, no. Very good, thank you for being here. Public hearing did occur at the Planning Commission and I know that there was an email received Mr. Generous that you responded to that was in our packet as well with some other concerns from a neighbor with regards to consistency of Comprehensive Plan and other factors so that information is here and will be part of the record. Bob Generous: Correct and I did respond to him and he seem to accept the answer that I gave him so. Mayor Furlong: Which is always nice. Thank you. Any questions? Follow up questions for staff or any other aspects? If not then we’ll bring it to council for comments and consideration of a motion. Thoughts and comments? Mr. Laufenburger. Councilman Laufenburger: I support the subdivision. I think it makes an opportunity for people to move into the Chanhassen community and those lots seem to be very accommodating. I’m pleased with the work that they did to accommodate that Lot 1. It looks like that’s the only footprint where a house can go in and that driveway will work so very well. Mayor Furlong: Okay, thank you. Any other comments? Councilwoman Tjornhom: I’d just like to thank the Planning Commission. They don’t always get thanked enough for seeing this through before it got to us and kind of working out any kinks or any details that need to be worked out so I want to thank them for their due diligence. Mayor Furlong: Thank you. If there are no other comments would somebody like to make a motion? Motion to approve. Mr. Laufenburger. Councilman Laufenburger: Mr. Mayor. Mr. Mayor, I move that the Chanhassen City Council approves th the preliminary plat creating 4 lots for Fretham 15 Addition subject to the conditions of the staff report and adoption of the Findings of Fact. Mayor Furlong: Thank you. Is there a second? Councilman McDonald: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on the motion? Seeing none we’ll proceed with the vote. Councilman Laufenburger moved, Councilman McDonald seconded that the Chanhassen City th Council approve the preliminary plat creating four lots for Fretham 15 Addition subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: Building Official: 7 Chanhassen City Council – February 25, 2013 1. The applicant must apply for the appropriate permit(s) required for the demolition or moving of any existing structures. 2. A final grading plan and soils report must be submitted to the Inspections Division before building permits can be issued. 3. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 4. Each lot must be provided with separate sewer and water services. Engineering: 1. If the Fretham 15th Addition final plat is approved prior to the assessment hearing for City Project 13-01, each lot within the plat shall be included in the assessment calculation. 2. The sewer and water services to Lots 1, 3 and 4 must be installed prior to the street resurfacing project, as noted on Sheet 4 of the preliminary plans. 3. Based on the elevation of the existing sanitary sewer and the proposed home elevation on Lot 1, this home cannot be serviced by gravity sanitary sewer. Staff requests that the developer disclose this information to prospective buyers. 4. Lots 1, 3 and 4 will be subject to the City sewer and water hook-up charges and the Metropolitan Council Sanitary Access Charge. These fees shall be collected in accordance with the City Code at the rate in effect at the time. 5. The developer must obtain a MnDOT drainage permit. 6. The drainage from Highway 41 must be included in the stormwater calculations. 7. The drainage calculations must be revised to model the storm depths stipulated in City Code. 8. The existing drainage area boundaries used for the runoff calculations needs to be revised to include all the area draining to the wetlands, including area outside of the proposed development. 9. Ensure that the post-development discharge rates to both wetlands do not exceed the existing condition. 10. It must be shown that the proposed swale along Highway 41 is adequate to handle anticipated flow volumes. 11. The curve number for the wetland areas must be 78. 12. The grading plan must be modified so that the driveway grade for Lot 1 does not exceed 10%. 13. Spot elevations must be shown along the driveway to Lot 1 in order to calculate the cross slope. 8 Chanhassen City Council – February 25, 2013 14. Note the lowest opening elevation for the home on Lot 4. 15. If the proposed area to be disturbed is greater than one (1) acre, the applicant will be required to obtain a NPDES Construction Permit. Proof of permit and a Surface Water Pollution Prevention Plan must be submitted to the City for review and comment. 16. The proposed culverts shall have filtration logs, appropriate to flow conditions, at their inlets and outlets until vegetation is established within the ditch. 17. A construction entrance shall be shown on the plan set and a detail shall be provided. 18. Silt fence or other appropriate sediment control BMP shall be installed along the frontage for Chaska Road. 19. All silt fence shall use metal t-posts. 20. Sediment protection shall be provided for all wetland areas including those areas off-site to which the site is tributary. 21. The buffer area disturbed for the creation of the pond and drainage, and any other buffer area unacceptable under Section 20-142 shall be seeded with an appropriate seed mix such as State Mix 36-211: Woodland Edge South & West. 22. The drainage and utility easement shall include all wetland buffer areas. 23. Wetland buffer monument placement shall be indicated on the plan set and shall be installed by the applicant before release of the final plat. 24. All drainage swales must be stabilized for the final 200 feet before exiting the property or entering a water of the state. The method of stabilization shall be indicated on the plan. 25. The estimated SWMP fees due at final plat are $8,841.00 Natural Resource Specialist: 1. Each lot will be required to plant one overstory tree in the front yard per city ordinance. 2. Building permit survey for each lot shall be required to show all inventoried trees and their removal or preservation status. Park and Recreation: 1. The developer shall pay park dedication fees at the rate in force upon final plat approval for three of the four lots prior to recording the final plat. Planning: 1. The shed located in the northeast corner of the property must be demolished or removed. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 9