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PC Staff Report 08-20-2013IA 4- CITY OF CHANHASSEN �'fH ASS PROPOSED MOTION: PC DATE: August 20, 2013 a CC DATE: September 9, 2013 REVIEW DEADLINE: September 17, 2013 CASE #: 2013 -18 BY: SB, RG, TJ, ML, JM, JS "The Chanhassen Planning Commission recommends approval of the Lake St. Joe's Cove subdivision subject to the conditions of this report and adoption of the Findings of Fact and Recommendation. SUMMARY OF REQUEST: The developer is requesting subdivision approval for eight lots, one outlot and public right of way for single - family detached homes. LAKE ST. JOE'S COVE. LOCATION: East of the Chanhassen/Victoria city limits and south of the Cimarron subdivision between Kings Road and Mill Creek Lane (PID 25- 0070400) APPLICANT: STS Property, LLC Jerry & Kristin Kortgard P. O. Box 218 3901 Glendale Drive Chanhassen, MN 55317 Excelsior, MN 55331 (612) 802 -2600 steve.kroiss@igoisdevel2pment.com *lr PRESENT ZONING: Single Family Residential (RSF) v 2020 LAND USE PLAN: Residential Low Density (net density 1.2 — 4.0 units per acre) ACREAGE: 4.04 acres DENSITY: gross — 1.87 units /acre; net — 2.54 units /acre LEVEL OF CITY DISCRETION IN DECISION - MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL /SUMMARY The applicant is requesting subdivision approval for eight single - family detached houses. Each of the lots meets the minimum requirements of the zoning ordinance and the proposed development is consistent with the comprehensive plan. Lake St. Joe's Cove — Planning Case 2013 -18 August 20, 2013 Page 2 of 13 APPLICABLE REGULATIONS Chapter 18, Subdivisions Chapter 20, Article VI, Wetland Protection Chapter 20, Article VII, Shoreland Management District Chapter 20, Article XI1, "RSF" Single - Family Residential District BACKGROUND February 1972, property zoned Agricultural Residential District, R-1 A. December 15, 1986, property zoned Single - Family Residential District, RSF. SUBDIVISION REVIEW The applicant is proposing an eight -lot subdivision. LAKE ST. JOE'S COVE r MMLCREEEL4NE ^ "Po°wpT Mir —___� 2 r sl la 3 � xl� .s. -3 e1�. llEj: IR p6:1� �I I% / O Mv EASEMENTS AND EXISTING CONI{DITIONS The Lake St. Joe's Cove property is on the east side of the border between Chanhassen and the City of Victoria. The Cimmaron development is north of the property and the Lake St. Joe's Cove development will connect to the utilities constructed under that development. The Cimmaron development included two stub streets, Kings Road and Mill Creek Lane, which the Lake St. Joe's Cove development will connect into a loop street. Lake St. Joe's Cove — Planning Case 2013 -18 August 20, 2013 Page 3 of 13 Two parcels in the City of Victoria have access driveways through this property to Kings Road. These accesses must be maintained to serve their properties. The plat delineates the 10 -foot easement at the front and back of the lots and a 5 -foot easement at the sides of the lots, but the plat must call them out as a "drainage and utility easement." Easement over utilities must provide enough space to allow maintenance and repairs at the pipe depth. To excavate the pipe for repair, a 1:1.5 slope is required. The easements between Block 1, Lot 1 and Block 1, Lot 2 and at the northeast corner of Block 3, Lot 1 must be widened to provide enough room to excavate the pipe for maintenance. The plat document must be amended to include Outlot B, which is shown in the plans GRADING, DRAINAGE AND EROSION CONTROL The Cimmaron development included the construction of a drainage pond on the southeast corner of the Lake St. Joe's Cove property that collects water runoff from that quadrant of the property. There is also a wetland south of the property where the most of the existing water runoff drains to. The survey of the existing property shows contour lines in the Cimmaron development north of Lake St. Joe's Cove, but it must also show all existing buildings and driveways 100 feet beyond the property boundary. The grading plans must show the benchmark elevation used for the survey. In the relatively flat areas, such as the swale that directs water to Catch Basin 6, the grading plan must show spot elevations and flow arrows to indicate the direction of the water. Per discussion with the Lake St. Joe's Cove engineer, work on the development will include grading on the property at 7040 Mill Creek Lane. This property owner must agree to any work being done on his or her land. The proposed grading on this property must also be included in the grading plan. The slopes must be less than 3:1. The developer's engineer must revise the grading on Outlot A and Block 3 to meet this standard. The contours show water flowing to the northeast corner of Block 1, Lot 1. The developer's engineer must revise the grading or mark the elevation at the building corner to direct water flow away from the structure. The driveways grades on Block 1, Lot 2 and Block 3, Lot 3 must be revised so that the grade does not exceed 10% at any point on the driveway. Lake St. Joe's Cove — Planning Case 2013 -18 August 20, 2013 Page 4 of 13 An escrow (110% of the estimated erosion control for this development) is required before site grading begins. When the applicant's engineer provides this information, the city will calculate the escrow. Drainage The stormwater management report considered the subject property and the developed area to the north which is currently directed to the stormwater pond on the site. Two distinct watersheds occur on the property under existing conditions. The majority of the site (6.72 acres) is directed to the existing pond where it is treated prior to discharging into the lacustrine wetland which adjoins Lake St. Joe. The remaining 3.41 acres sheet flows to the wetland directly. With the exception of a very small portion, this area is currently covered by grasses and trees with approximately 1600 square feet of impervious surface. Under developed conditions, the area will still have two distinct watersheds but all but 0.9 acres will be directed to the storm water pond. The subject property will have 1.25 acres of impervious surface after development or about 31 %. To accommodate these changes in site condition the applicant is proposing to increase the pond volume and add an infiltration bench. According to the modeling provided, this will meet the required water quality treatment and will meet the volume reduction as required under the new NPDES construction permit. The storm sewer design will also result in a decrease in rates for the 21 10 and 100 -year return interval storm events as is required by code. Block 1 will accept runoff from the developed area to the north as well as have backyard drainage. The applicant is proposing to pick up this drainage through a catch basin manhole on the property line between Lots 1 and 2. Staff is recommending that a drain tile be extended from this structure north and east across the back of Lot 2 to improve the drainage. Staff also recommends that the hydraulic gradient of the pipe from CBMH 1 to the existing manhole would be improved by lowering the downstream invert so that the percent slope is greater than the upstream pipe run. Erosion Prevention and Sediment Control Site disturbance will exceed the one (1) acre threshold necessitating a National Pollution Discharge Elimination System Construction ( NPDES) Permit. The applicant will need to procure a permit from the Minnesota Pollution Control Agency and provide evidence to the city that this condition has been met. As part of the NPDES permit, a Storm Water Pollution Prevention Plan (SWPPP) is required. Many of the required elements of the SWPPP are included with the submittal but the SWPPP must be a standalone document that can be kept on- site throughout construction. The SWPPP will need to include the elements listed in Part III of the NPDES permit which went into effect on August 1 of this year. The SWPPP will need to be provided to the City for review and approval prior to commencement of any earth - disturbing activities. The sheets entitled erosion control plan and detail sheets include the former city detail for silt fence. Staff will provide the most up -to -date detail plates and these must be incorporated into the plan set. The SWPPP must include how final stabilization will occur in the disturbed areas. Lake St. Joe's Cove — Planning Case 2013 -18 August 20, 2013 Page 5 of 13 RETAINING WALLS The developer proposes a retaining wall along the northwest side of the drainage pond. It is approximately 420 feet long and has a maximum height of 5 feet. The following materials are prohibited for retaining wall construction: smooth face, poured in place concrete (stamped or patterned concrete is allowed), masonry, railroad ties or timber. Walls taller than 6 feet shall not be constructed with boulder rock. The grading behind the retaining wall must be modified so that water will not drain down the face of the wall. A Homeowners Association shall be created to take ownership of the retaining wall. STREETS The developer proposes to construct a loop to connect two local streets, Kings Road and Mill Creek Lane, throughout the development. The plans must annotate the width of the roadway, sidewalks, and the right of way. The profile view of the roadway shows roadwork extending onto the existing Kings Road. The plans must show the station where the new construction ties in to the existing road as well as the limits of construction. The plans must include erosion control measures to the limits of construction. Driveway grades must be between 0.5 and 10.0% at any point on the driveway. The developer's engineer must revise the grades of the driveway at Block 1, Lot 2 and Block 3, Lot 3 to meet this standard. The driveway on Block 3, Lot 4 must be moved out of the 10 -foot side yard setback. SANITARY SEWER AND WATERMAIN The sanitary sewer will connect to the Kings Road stub to provide service for all the lots. In the submitted plans, the pipe length in the profile view does not match the length of pipe in the plan view. This must be revised so the plans are consistent. The watermain will connect the stubs at Kings Road and Mill Creek Lane to create a loop. ASSESSMENTS An assessment for Minnewashta Parkway improvements is outstanding for this property. The principal of $3,040.00 was deferred until subdivision and it has been accruing 6% interest since 1994. As of August 1, 2013, the assessment amount due was $6,612.10. At the time of the final plat, this assessment plus the additional accrued interest must be paid or reassessed. Lake St. Joe's Cove — Planning Case 2013 -18 August 20, 2013 Page 6 of 13 Water and sewer hookups are due at the time of final plat. The hookup fees will be assessed at the rate in effect at that time. SURFACE WATER MANAGEMENT Surface water management connection fees are assessed against all subdivided properties. These fees are used to maintain current infrastructure and to program for future improvements to surface water features. Fees are based upon proposed land use type as a surrogate for impervious surface and are collected for water quantity and water quality based upon developable land. The following tables show how the surface water management fees were calculated for this development. Gross Area 4.04 Ac Outlot A -0.15 Ac deduct $2,830.00 Public R/W -0.97 Ac (deduct) $4,050.00 Net Assessable 2.92 Ac Area Table 1. Net Assessable Area Table 2. SWMP Fee Calculation Surface Water Management Fees due with final plat are $15,646.50. WETLAND PROTECTION The area was previously delineated and conditions have not substantially changed. The developer, the consulting engineer and city staff met and concluded that the applicant could re- delineate the wetland boundary or assume an elevation of 948 feet and base wetland buffer and setback requirements from this elevation. The wetland is classified as Manage 1 in the City's Wetland Protection Plan. The plan set provided by the applicant currently shows the wetland in the southeasterly corner of the property but does not show the wetland in the southwesterly corner of the property. The applicant must show the wetland boundary, the twenty -five (25) foot buffer and the thirty (30) foot primary structure setback from the buffer. The wetland and buffer area must be contained within a drainage and utility easement and appropriate sign locations must be shown on the plan set and installed prior to any earth - disturbing activities. The applicant may, at their discretion, opt to have a new wetland delineation performed and apply for a wetland boundary determination. Any approvals would be contingent upon acceptance of this Rate per Acre Acres Total Water Quality $2,830.00 2.92 $8,263.60 Water Quantity $4,050.00 2.92 $11,826.00 New Area Tributary to Pond Credit for treatment Provided Water quality(0.5) 3.14 - $4,443.10 SURFACE WATER MANGEMENT CONNECTION FEE $15,646.50 Table 2. SWMP Fee Calculation Surface Water Management Fees due with final plat are $15,646.50. WETLAND PROTECTION The area was previously delineated and conditions have not substantially changed. The developer, the consulting engineer and city staff met and concluded that the applicant could re- delineate the wetland boundary or assume an elevation of 948 feet and base wetland buffer and setback requirements from this elevation. The wetland is classified as Manage 1 in the City's Wetland Protection Plan. The plan set provided by the applicant currently shows the wetland in the southeasterly corner of the property but does not show the wetland in the southwesterly corner of the property. The applicant must show the wetland boundary, the twenty -five (25) foot buffer and the thirty (30) foot primary structure setback from the buffer. The wetland and buffer area must be contained within a drainage and utility easement and appropriate sign locations must be shown on the plan set and installed prior to any earth - disturbing activities. The applicant may, at their discretion, opt to have a new wetland delineation performed and apply for a wetland boundary determination. Any approvals would be contingent upon acceptance of this Lake St. Joe's Cove — Planning Case 2013 -18 August 20, 2013 Page 7 of 13 delineation and would be required to follow the appropriate notifications as required by Minnesota Rules, Chapter 8420. Grading will occur within the buffer area within Lot 4, Block 3 and within Outlot B. The applicant must demonstrate how these areas will be restored to a naturally vegetated state as described in Section 20 -411 of Chanhassen City Code. SHORELAND MANAGEMENT DISTRICT The entire site lies within the Shoreland Management District for Lake St. Joe which is classified as a Natural Environment Lake by the MN Department of Natural Resources. Minimum design standards for lots within this management district call for 15,000 square feet in area and a width of 90 feet. The proposed lots meet these requirements. In addition, no lot may exceed 25% impervious surface coverage. Based upon the minimum lot size and the typical home footprint, all lots are compliant with this requirement. LANDSCAPING AND TREE PRESERVATION The applicant has provided a tree inventory and removal plan for the subdivision. Bufferyard plantings are not required for this development. Tree preservation calculations for the development are shown below. Total upland area (excluding wetlands) 204,811 SF or 4.7 ac. Total canopy area (excluding wetlands) 100,581 SF or 2.3 ac Baseline canopy coverage 49% Minimum canopy coverage allowed 35% or 71,683 SF Proposed tree preservation 7% or 14,842 SF The developer does not meet minimum canopy coverage allowed. Additional plantings will be required to bring the baseline canopy coverage up to the minimum required. Required plantings 62 trees (71,683 - 14,842) x 1.2 /1089 The applicant has proposed 63 trees to be planted for the development. The applicant has proposed a grouping of trees near the stormwater pond. The trees should be field located as to allow for a 20 -foot wide access to the pond. The applicant shall work with staff to delineate a clear zone to the pond. PARKS AND RECREATION COMPREHENSIVE PARK PLAN The city's comprehensive park plan calls for a neighborhood park to be located within one -half mile of every residence in the city. The proposed Lake St. Joe's Cove is wholly located within the Roundhouse Park neighborhood park service area. Roundhouse Park features the following Lake St. Joe's Cove — Planning Case 2013 -18 August 20, 2013 Page 8 of 13 amenities: swimming beach, playground, swings, picnic shelter, fishing pier, basketball court, skating rink, open play field, trails and parking area. COMPREHENSIVE TRAIL PLAN The city's comprehensive trail plan calls for public parks to be connected to neighborhoods through a combination of sidewalks and trails. The proposed Lake St. Joe's Cove is connected by sidewalk to Roundhouse Park and the Minnewashta Parkway pedestrian trail. MISCELLANEOUS Building Official: 1. Provide a 1:200 "clean" plat drawing. 2. Demolition permits are required for the removal of any existing structures. 3. Submit proposed street name(s) to Building Official and Fire Marshal for approval. 4. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 5. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 6. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 7. Each lot must be provided with separate sewer and water services. 8. The applicant and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. Fire Marshal: 1. Proposed fire hydrant(s) location is acceptable. 2. No burning permits will be issued for treelbrush removal. They must be chipped or hauled away. 3. Prior to new home combustible construction fire hydrants must be made serviceable. 4. Prior to new home construction fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 5. A three -foot clear space must be maintained around fire hydrant(s). Lake St. Joe's Cove — Planning Case 2013 -18 August 20, 2013 Page 9 of 13 COMPLIANCE TABLE Setbacks: Front— 30 feet, side —10 feet, rear— 30 feet Hardcover: 25 percent RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the subdivision subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: Buildine Official: 1. Provide a 1:200 "clean" plat drawing. 2. Demolition permits are required for the removal of any existing structures. 3. Submit proposed street - name(s) to Building Official and Fire Marshal for approval. 4. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 5. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 6. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 7. Each lot must be provided with separate sewer and water services. 8. The applicant and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. Areas . ft. Width ft. Depth ft. Notes Code 15,000 90 120 Ll B1 17,668 120 135 Corner Lot L2 BI 17,500 125 140 L3 B1 17,767 110 138 Corner Lot L1 B2 16,017 124 141 Ll B3 18,891 130 158 L2 B3 15,499 99 131 L3 B3 15,342 118 130 L4 B3 18,686 165 230 Outlot A 6,702 Stormwater pond ROW 42,408 0.97 acres TOTAL 186,480 4.28 acres Setbacks: Front— 30 feet, side —10 feet, rear— 30 feet Hardcover: 25 percent RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the subdivision subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: Buildine Official: 1. Provide a 1:200 "clean" plat drawing. 2. Demolition permits are required for the removal of any existing structures. 3. Submit proposed street - name(s) to Building Official and Fire Marshal for approval. 4. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 5. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 6. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 7. Each lot must be provided with separate sewer and water services. 8. The applicant and/or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. Lake St. Joe's Cove — Planning Case 2013 -18 August 20, 2013 Page 10 of 13 Engineerin¢: 9. Access to the properties in Victoria must be maintained 10. The plat delineates the 10 -foot easement at the front and back of the lots, and a 5 -foot easement at the sides of the lots, but the plat must call them out as a "drainage and utility easement." 11. Plat must dedicate driveway access easement on Lot 4, Block 3 for access to the property in Victoria. 12. The easement between Block 1, Lot 1 and Block 1, Lot 2 must provide enough room to excavate the pipe for maintenance at a 1:1.5 slope. 13. The easement at the northeast corner of Block 3, Lot 1 must provide enough room to excavate the pipe for maintenance at a 1:1.5 slope. 14. The plat document must be amended to include Outlot B, which is shown in the plans. 15. The survey of the existing property shows contour lines in the Cimmaron development north of Lake St. Joe's Cove, but it must also show all existing buildings and driveways 100 feet beyond the property boundary. 16. The grading plans must show the benchmark elevation used for the survey. 17. In the relatively flat areas, such as the swale that directs water to Catch Basin 6, the grading plan must show spot elevations and flow arrows to indicate the direction of the water. 18. The 15 -inch storm sewer pipe from CBMHI to the existing structure shall be constructed with a minimum 0.70 % slope. 19. The existing storm sewer manhole on Outlot A, Cimmaron Addition must be replaced to include a 3 -foot sump. 20. The property owner at 7040 Mill Creek Lane must agree to any work being done on his or her land. The proposed grading on this property must also be included in the grading plan. 21. The slopes must be less than 3:1. The developer's engineer must revise the grading on Outlot A and Block 3 to meet this standard. 22. The contours show water flowing to the northeast corner of Block 1, Lot 1. The developer's engineer must revise the grading or mark the elevation at the building corner to direct water flow away from the structure. 23. The driveway grades on Block 1, Lot 2 and Block 3, Lot 3 must be revised so that the grade does not exceed 10% at any point on the driveway. 24. An escrow (110% of the estimated erosion control for this development) is required before site grading begins. Lake St. Joe's Cove — Planning Case 2013 -18 August 20, 2013 Page 11 of 13 25. The following materials are prohibited for retaining wall construction: smooth face, poured - in -place concrete (stamped or patterned concrete is allowed), masonry, railroad ties or timber. 26. Walls taller than 6 feet shall not be constructed with boulder rock. 27. The grading behind the retaining wall must be modified so that water will not drain down the face of the wall. 28. A Homeowners Association shall be created to take ownership of the retaining wall 29. The plans must annotate the width of the roadway, sidewalks, and the right -of -way. 30. The plans must show the station where the new construction ties in to the existing road as well as the limits of construction. 31. The plans must include erosion control measures to the limits of construction. 32. The developer's engineer must revise the grades of the driveway at Block 1, Lot 2 and Block 3, Lot 3 to be between 0.5 and 10.0% at any point on the driveway. 33. The driveway on Block 3, Lot 4 must be moved out of the 10 -foot side yard setback. 34. In the submitted plans, the pipe length in the profile view does not match the length of pipe in the plan view. This must be revised so the plans are consistent. 35. The watermain will connect the stubs at Kings Road and Mill Creek Lane to create a loop. 36. At the time of the final plat, the assessment for Minnewashta Parkway improvements plus the additional accrued interest must be paid or reassessed. 37. Water and sewer hookups are due at the time of final plat. The hookup fees will be assessed at the rate in effect at that time. Fire Marshal: 38. Proposed fire hydrant(s) location is acceptable. 39. No burning permits will be issued for tree/brush removal. They must be chipped or hauled away. 40. Prior to new home combustible construction fire hydrants must be made serviceable. 41. Prior to new home construction fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 42. A three -foot clear space must be maintained around fire hydrant(s). Lake St. Joe's Cove — Planning Case 2013 -18 August 20, 2013 Page 12 of 13 Natural Resource Coordinator: 43. The trees should be field located as to allow for a 20 -foot wide access to the pond. The applicant shall work with staff to delineate a clear zone to the pond. 44. Tree protection fencing shall be installed at the edge of grading limits near preserved areas of trees. Parks and Recreation: 45. In lieu of parkland dedication and/or trail construction, full park dedication fees shall be collected at the rate in force at the time of final plat approval. At today's rate, these fees would total $46,400 (8 lots x $5,800 per lot). Water Resources Coordinator: 46. Wetland must be shown at the 948 foot contour and the 25 -foot buffer and 30 -foot setback must be shown accordingly. 47. All wetland and buffer areas not within an outlot must be contained within a drainage and utility easement. 48. Wetland buffer signage must be shown on the plan and installed concurrently with the erosion prevention and sediment control practices. 49. The applicant must apply for and receive a General Permit to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination Sytem/State Disposal System 50. The applicant must provide a standalone Storm Water Pollution Prevention Plan (SWPPP) containing the required elements as detailed in the above permit to the city prior to any earth - disturbing activities. 51. A dewatering plan must be provided to the city and at least 48 -hours notice given prior to drawing down the existing pond for the purpose of installing the infiltration bench. This dewatering plan shall be incorporated into the SWPPP. 52. The details must be changed to reflect the most up -to -date city standard details. 53. The invert elevation at the downstream end of the storm sewer pipe from CBMH 1 to the existing manhole shall be lowered to an elevation that allows for a greater slope than the immediately upstream pipe run. 54. The applicant's engineer shall move the filtration bench to the west side of the pond outlet for improved maintenance access. If this is not practicable from an engineering perspective, supporting documentation must be provided to and agreed upon by the city. Lake St. Joe's Cove — Planning Case 2013 -18 August 20, 2013 Page 13 of 13 55. A twenty (20) foot wide maintenance access which allows cross slope meandering shall be shown on the plan and provided for during construction. 56. SWMP Fees totaling $15,646.50 shall be provided to the City with final plat. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Reduced Copy ALTA/ACSM Land Title Survey. 4. Reduced Copy Preliminary Plat. 5. Reduced Copy Tree Survey Plan. 6. Reduced Copy Final Plat. 7. Reduced Copy Title Sheet. 8. Reduced Copy Street Design. 9. Reduced Copy Sanitary Sewer and Water. 10. Reduced Copy Storm Sewer. 11. Reduced Copy Grading and Drainage Plan. 12. Reduced Copy Erosion Control Plan. 13. Reduced Copy Landscape Plan. 14. Public Hearing Notice and Mailing List. 15. Correction to Public Hearing Notice Date and Mailing List. g: \plan\2013 planning cases\2013- 18 lake st. joe's cove \staff report lake stjoes cove.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of STS Property, LLC and Jerry & Kristin Kortgard for Subdivision approval. On August 20, 2013, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of STS Property, LLC and Jerry & Kristin Kortgard for preliminary plat approval of property into eight lots. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single - Family Residential District, RSF. 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is: That part of Lot Two (2) of Section Seven (7), Township One Hundred Sixteen (116), Range Twenty -three (23), Fifth Principal Meridian, according to Government survey thereof, described as follows, to wit: Commencing at a point on the West Line of said Lot Two (2), distance Twenty (20) rods from the Northwest corner of said Lot; thence South, along said West line, Twenty (20) rods; thence East at right angles, Thirty-two (32) rods; thence North at right angles, Twenty (20) rods, thence West, at right angles, Thirty-two (32) rods to the place of beginning. Outlot A, Cimmaron, Carver County, Minnesota 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance; b. The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; c. 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; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e. The proposed subdivision will not cause environmental damage; f The proposed subdivision will not conflict with easements of record; and g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate storm water drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off -site public improvements or support systems. 5. The planning report #2013 -18 dated August 20, 2013, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the subdivision. ADOPTED by the Chanhassen Planning Commission this 20th day of August, 2013. CHANHASSEN PLANNING COMMISSION IC Its Chairman 2 PLEASE PRINT CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227 -1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. :A013 —12 CYj�1fO CHEVW N RECELUi p JUL '19, 2&qi CUAW ,NNI,qq9RIT Applicant Name and Address: Property Owner Name and Address: �`S L-t-L- T D A-2 5, 0-10 0 � i .O --619 t�; � 1 n <p '' d r e. t. ; WMtit 5S "3i_7 iD .fir, s M SS-33i Contact: U-o t SS Contact:, r i S ti n 0 r-{ a Phone: L 'G3 > Fax: Phone: S2_ -41 4j404Fax: Email: Email: �Jai�a NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non - conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* / H'r,w I Aar _ as& V Subdivision* Q� (600 4 INS Temporary Sales Permit Vacation of Right -of- Way /Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign — $2D-Q_ (City to install and remove) X Escrow for Filing Fees /Attorney Cost ** - ,CUP /SPR/VAC/VARIWAP /Metes & Bounds -P!50 Minor SUB - TOTALFEE$ An additional fee of $3.06 per address within the public hearing notification area will be prior to the public hearing. to the annlirant *Five (5) full -size folded copies of the plans must be submitted, including an 8 %" X 11" reduced copy for each plan sheet along with a digital cop v in TIFF -Group 4 ( *.tif) format. * *Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. PROJECT NAME: 37 a(f s (U-e— LOCATION: LEGAL DESCRIPTION AND PID: TIM Lf) TOTALACREAGE: WETLANDS PRESENT: YES 5e NO PRESENTZONING: REQUESTED ZONING: PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: R sf I LJS ayvi 164Ao - FOR SITE PLAN REVIEW: Include number of existing employees: IJ 1A- and new employees: N/A 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 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 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 wit4 the study. The documents and information I have submitted are true and correct to the best of my knowledge. 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Engelhardt, being first duly sworn, on oath deposes that she is and was on August 8, 2013, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Lake St. Joe's Cove — Planning Case 2013 -18 to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this day of 2013. Notary P blic Karen -Y. Engel • t, epu Jerk IWK' M T. 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O v- 3 L _ - a NLL c @ U 0J 3 o O>m i > a ao Lv c °n c @_ O � NN @ cm mo 'v-- K a oHEL � 0 d N N w d C C a) wQ •� c° °awJ dee 'o C E� �£c x y � �j E? n V m mc c= O o - ] QL3 C-4 T � n F U IX(n NU (n W.0 @ NM'i �OTLL7d N.00)L E N a.d ai' V UU SEc« �F E W C c y flaw a -a as Eft E v5N 0- y 2 o w E¢ax E c m`o ea u c om oL Ed E LmLC c E E a n Q o rn m 0 omN O A t O O d y m°m°n ° wc N O N m Lov 5y vmmOc nC L °mEw E 0cu --c oA a ac EU' aO m ii -- N a8C R 0 pU NN L n R R f=S m m y Q J (L IL -0 ALEC D & CYNTHIA WILSON BARBARA B WILSON BENJAMIN A CLYMER 7080 KINGS RD 7050 KINGS RD 1751 PINNACLE DR #1500 EXCELSIOR MN 55331 -9617 EXCELSIOR MN 55331 -9617 MC LEAN VA 22102 -3833 BRADFORD W & SUZETTE C BRETT R STENBERG CIMMARON COMMUNITY ASSN INC Y M N 55331 -9616 7000 MILL CREEK LN 4130 KINGS RD EXCELSIOR M 41330 0 KINGS EXCELSIOR MN 55331 -5706 EXCELSIOR MN 55331 -9616 CLARK C & ANNETTE M GRANT CRISTIE REUS DAVID J & MARGARET L BORRIS 7041 MILL CREEK LN 3955 MERINO AVE 4071 KINGS RD EXCELSIOR MN 55331 -5707 WATERTOWN MN 55388 -9310 EXCELSIOR MN 55331 -7771 ERIC S & SONIA K CARVER JAMAL & JOY LEWIS JAMES R & JENNIFER M WIBERG 7200 KINGS LN 4170 KINGS RD 4191 KINGS RD EXCELSIOR MN 55331 -9612 EXCELSIOR MN 55331 -9616 EXCELSIOR MN 55331 -7772 JEFFREY A KVALHEIM JENNIFER KADAVY REV TRUST JERRY L & KRISTIN L KORTGARD 4120 KINGS RD PO BOX 5674 3901 GLENDALE DR EXCELSIOR MN 55331 -9616 MINNEAPOLIS MN 55440 -5674 EXCELSIOR MN 55331 -9763 JOHN A & AMY F HIRSH KELLY R & LORETTA A DUNN KEVIN A & SMITHA A ABBOTT 4211 KINGS RD 7001 MILL CREEK LN 4140 KINGS RD EXCELSIOR MN 55331 -7767 EXCELSIOR MN 55331 -5707 EXCELSIOR MN 55331 -9616 LINDA A SCOTT MARK B & JANE E HERFURTH MATTHEW C & BRETTE M HERMANN 4031 KINGS RD 4150 KINGS RD 26145 OAK LEAF TRL EXCELSIOR MN 55331 -7771 EXCELSIOR MN 55331 -9616 EXCELSIOR MN 55331 -8475 MICHAEL A & JESSICA L PASQUA MICHAEL S & REBECCA B RICHARD N & JANINE E MCLELLAN 4160 KINGS RD SANDBERG 4151 KINGS RD EXCELSIOR MN 55331 -9616 7020 MILL CREEK EXCELSIOR MN 55331 -7772 EXCELSIOR MN 55353 31 -5706 STEVEN W & BRENDA B HACHTMAN THOMAS FILSINGER THOMAS P & NICOLE L WILKEN 6984 COUNTRY OAKS RD 7120 KINGS RD 4110 KINGS RD EXCELSIOR MN 55331 -7774 EXCELSIOR MN 55331 -9617 EXCELSIOR MN 55331 -9616 U S HOME CORP (DBA/LENNAR) VICTORIA CITY 16305 36TH AVE N STE 600 PO BOX 36 PLYMOUTH MN 55446 -4270 VICTORIA MN 55386 -0036 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on August 9, 2013, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Correction to Public Hearing Date for Lake St. Joe's Cove — Planning Case 2013 -18 to the persons named on attached Exhibit "A ", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sw m to before me this day of , 2013. Notary ublic K en J. E ge ardt, DOputy Clerk ""`� " "e= KIM T. MEUWISSEN �. � Notary Public- Minnesota '•.';�- `,�` "� My Commission Expires Jan 31, 2015 CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF CORRECTION TO PUBLIC HEARING DATE Dear Property Owner: On August 8, 2013, the City of Chanhassen mailed a public hearing notice postcard to you regarding the following proposal: Request for subdivision review of 4.04 acres on property zoned Single Family Residential (RSF) located east of city limits, and south of the Cimarron subdivision between Kings Road and Mill Creek Lane — LAKE ST. JOE'S COVE The date of the public hearing on the notice was incorrectly shown as August 8, 2013. The correct date of this public hearing is AUGUST 20, 2013. The meeting will begin at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. If you have questions regarding this proposal, contact Bob Generous at 952 - 227 -1131 or by email: baenerouslaDci .chanhassen.mn.us, or visit the project web page at www.ci.chanhassen.mn.us /2012 -18. CITY OF CHANHASSEN PLANNING COMMISSION NOTICE OF CORRECTION TO PUBLIC HEARING DATE Dear Property Owner: On August 8, 2013, the City of Chanhassen mailed a public hearing notice postcard to you regarding the following proposal: Request for subdivision review of 4.04 acres on property zoned Single Family Residential (RSF) located east of city limits, and south of the Cimarron subdivision between Kings Road and Mill Creek Lane — LAKE ST. JOE'S COVE The date of the public hearing on the notice was incorrectly shown as August 8, 2013. The correct date of this public hearing is AUGUST 20, 2013. The meeting will begin at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. If you have questions regarding this proposal, contact Bob Generous at 952 - 227 -1131 or by email: bgenerous anci.chanhassen.mn.us, or visit the project web page at www.ci.chanhassen.mn.us /2012 -18. ALEC D & CYNTHIA WILSON BARBARA B WILSON BENJAMIN A CLYMER 7080 KINGS RD 7050 KINGS RD 1751 PINNACLE DR #1500 EXCELSIOR MN 55331 -9617 EXCELSIOR MN 55331 -9617 MC LEAN VA 22102 -3833 BRADFORD W & SUZETTE C BRETT R STENBERG CIMMARON COMMUNITY ASSN INC YEAGER M N 55331 -9616 7000 MILL CREEK LN 4130 KINGS RD EXCELSIOR M 4130 KINGS EXCELSIOR MN 55331 -5706 EXCELSIOR MN 55331 -9616 CLARK C & ANNETTE M GRANT CRISTIE REUS DAVID J & MARGARET L BORRIS 7041 MILL CREEK LN 3955 MERINO AVE 4071 KINGS RD EXCELSIOR MN 55331 -5707 WATERTOWN MN 55388 -9310 EXCELSIOR MN 55331 -7771 ERIC S & SONIA K CARVER JAMAL & JOY LEWIS JAMES R & JENNIFER M WIBERG 7200 KINGS LN 4170 KINGS RD 4191 KINGS RD EXCELSIOR MN 55331 -9612 EXCELSIOR MN 55331 -9616 EXCELSIOR MN 55331 -7772 JEFFREY A KVALHEIM JENNIFER KADAVY REV TRUST JERRY L & KRISTIN L KORTGARD 4120 KINGS RD PO BOX 5674 3901 GLENDALE DR EXCELSIOR MN 55331 -9616 MINNEAPOLIS MN 55440 -5674 EXCELSIOR MN 55331 -9763 JOHN A & AMY F HIRSH KELLY R & LORETTA A DUNN KEVIN A & SMITHA A ABBOTT 4211 KINGS RD 7001 MILL CREEK LN 4140 KINGS RD EXCELSIOR MN 55331 -7767 EXCELSIOR MN 55331 -5707 EXCELSIOR MN 55331 -9616 LINDA A SCOTT MARK B & JANE E HERFURTH MATTHEW C & BRETTE M HERMANN 4031 KINGS RD 4150 KINGS RD 26145 OAK LEAF TRL EXCELSIOR MN 55331 -7771 EXCELSIOR MN 55331 -9616 EXCELSIOR MN 55331 -8475 MICHAEL A & JESSICA L PASQUA MICHAEL S & REBECCA B SANDBERG RICHARD N & JANINE E MCLELLAN 4160 KINGS RD 4151 KINGS RD EXCELSIOR MN 55331 -9616 7020 MILL CREEK LN EXCELSIOR MN 55331 -7772 EXCELSIOR MN 55331 -5706 STEVEN W & BRENDA B HACHTMAN THOMAS FILSINGER THOMAS P & NICOLE L WILKEN 6984 COUNTRY OAKS RD 7120 KINGS RD 4110 KINGS RD EXCELSIOR MN 55331 -7774 EXCELSIOR MN 55331 -9617 EXCELSIOR MN 55331 -9616 U S HOME CORP (DBAILENNAR) VICTORIA CITY 16305 36TH AVE N STE 600 PO BOX 36 PLYMOUTH MN 55446 -4270 VICTORIA MN 55386 -0036