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CC Staff Report 1-10-05 ~ z < U Þ-I ~ ~ ~ < < ~ < ~ ~ ~ Þ-I rJj PC DATE: 5)., CC DATE: January 10,2005 CITY OF CHANHASSEN REVIEW DEADLINE: February 13, 2005 CASE #: Planning Case 04-23 BY: AI-Jaff STAFF REPORT PROPOSAL: Final Plat to Subdivide a 3.5-Acre parcel into Two (2) Single-Family Lots with a Variance, Lotus View Addition LOCATION: 745 Pleasant View Road. ~ APPLICANT: Beverly H. Thomas 444 Second Street Excelsior, MN 55331 (952) 474-6116 Beverly H. Thomas 745 Pleasant View Road Chanhassen, MN 55317 PRESENT ZONING: RSF, Single Family Residential District 2020 LAND USE PLAN: Residential Low Density (Net Density 1.2 - 4.0 units per acre) ACREAGE: 3.5 acres DENSITY: 0.85 Units per Acre Gross 1 Unit per Acre Net SUMMARY OF REQUEST: Subdivision of 3.5 acres into 2 single-family lots and a variance to allow a private street to serve the development. Notice of this public hearing has been mailed to all property owners within 500 feet. Staff is recommending approval of the request. 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. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Subdivision Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Planning Commission Final Plat Lotus View Addition Planning Case No. 04-23 January 10,2005 Page 2 BACKGROUND On December 13,2004, the City Council approved the preliminary plat for Planning Case 04-23 for Lotus View Addition for two lots and a variance to allow a private street as shown on the plans received October 15, 2004, subject to the following conditions: 1. Environmental Resources Specialist Conditions: a. Tree preservation fence shall be installed prior to grading at the perimeter of the grading limits. b. Any trees not shown for removal that are lost due to construction activities will be replaced at a rate of 2: 1 diameter inches. Finding: This condition still applies. 2. Submit a 30-foot wide private cross-access easement against all lots and the adjacent property at time of final plat recording. Finding: This condition still applies. 3. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited, to the MPCA and Watershed District. Finding: This condition still applies. 1. Submit <.kainage calculations and <.kaiflage map for staff review and approval at time of fiflal plat. Finding: This condition has been met. 5. Tree preservation fencing must be installed at the limits of tree removal. Finding: This condition still applies. 6. Add silt fence along the perimeter of the grading limit. Finding: This condition still applies. 7. Add to the plan the following note all sanitary services must be 6-in PVC-SDR26 and water services I-in copper. Finding: This condition still applies. 8. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. Planning Commission Final Plat Lotus View Addition Planning Case No. 04-23 January 10,2005 Page 3 Finding: This condition still applies. 9. The sanitary sewer and water hookup charges are applicable for each of the new lots. The 2004 trunk hookup charge is $1,458 for sanitary sewer and $2,814 for water-main. Finding: This condition has been revised to reflect the 2005 adjusted fees. The new condition will read as follows "The sanitary sewer and water hookup charges are applicable for each of the new lots. The 2005 trunk hookup charge is $1,458 for sanitary sewer and $2,955 for watermain. The 2005 SAC charge is $1,525.00 per unit. All of these charges are based on the number of SAC units calculated by the Metropolitan Council. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. These charges will be collected at the time of building permit issuance." 10. Add the following City of Chanhassen Detail Plates Numbers: 5200, 5203, 5204, 5300 and 5301. Finding: This condition still applies. 11. The private street must be built to a 7-ton design and 10% maximum grade. The developer will be required to submit inspection reports certifying this. Finding: This condition still applies. 12. On the plan: a. Revise the incorrect bar scale. b. Show the benchmark used for the site survey. c. Show a minimum 75-foot rock construction entrance. d. Add 5-foot side lot line easements. e. Show the 30-foot private driveway easement. f. Show all proposed grading contours. g. Label the proposed house pad as a walkout or WOo h. The gravel drive located south of the property is partially paved and should be shown as such. Finding: This condition still applies. 13. The applicant shall submit an erosion and sediment control plan for the proposed subdivision. The plan should include the location of silt fencing and rock entrance/exit access pad. Erosion and sediment controls should meet the requirements as stated in the City of Chanhassen Erosion and Sediment Control BMP Handbook. Finding: This condition still applies. Planning Commission Final Plat Lotus View Addition Planning Case No. 04-23 January 10, 2005 Page 4 14. All disturbed areas shall be mulched and seeded or sodded according to following table: Time Type of Slope (maximum time an area can remain unvegetated when area is not activelv being worked) Steeper than 3: 1 7 Davs 10:1 to 3:1 14 Davs Flatter than 10: 1 21 Davs These areas include any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or other natural or man made systems that discharge to a surface water. Finding: This condition still applies. 15. Based on the proposed developed area of approximately 3.03 acres, the water quality fees associated with this project are $3,115.00; the water quantity fees are $7,711.00. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $ 10,826.00. Finding: This condition has been revised to reflect the 2005 adjusted fees. The revised condition will read as follows "Based on the proposed developed area of approximately 3.03 acres, the water quality fees associated with this project are $3,311.79; the water quantity fees are $8,196.15. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $ 11,507.94." 16. Full park fees shall be collected at the rate in force at the time of final plat. Finding: This condition has been revised to reflect the 2005 adjusted fees. The revised condition will read as follows "Full park fees shall be collected at the rate in force at the time of final plat. The 2005 rate for one additional lot is $4,000." 17. If a new driveway access was built, the existing driveway to the site off of Pleasant View Road must be removed. Finding: This condition still applies. 18. Building Official Conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division ~efore building permits will be issued. b. Each lot must be provided with a separate sewer and water service. c. House numbers must be posted at the street and on the homes if a private drive is utilized. Planning Commission Final Plat Lotus View Addition Planning Case No. 04-23 January 10,2005 Page 5 Finding: This condition still applies. 19. Access to all three lots shall be limited to the Private Street. Direct access is prohibited off of Pleasant View Road. Finding: This condition still applies. 20. All construction parking will be required to be off road. Finding: This condition still applies." FINAL PLAT The applicant is proposing to subdivide a 3.5-acre site into two single-family lots. The gross density of the site is 0.8 units per acre and net density is 1 unit per acre. Both lots exceed the minimum 15,000 square feet of area, with an average lot size of 66,000 square feet. Both proposed lots meet the minimum width and depth requirements of the Zoning Ordinance. There are two existing homes on the subject site. This was an issue that staff discussed with the applicant at length. The ordinance allows one single-family home with a two-car garage per lot. The current site which contains the two homes was built in a fashion so the two homes are dependent on each other. The main house has no garage space; however, the guest house has a nine (9) car garage. Guest House Garage for Guest House Main House The portion of the garage that serves the main house is attached to the guest house. Staff discussed the potential for subdividing the two homes. The applicant will have to add a new two-car garage to the main house, while the Guest house will have a nine-car garage. The applicant wishes to maintain the current layout. Since the use is legal nonconforming, and since Planning Commission Final Plat Lotus View Addition Planning Case No. 04-23 January 10, 2005 Page 6 the proposed subdivision does not intensify the nonconformity, the applicant is not required to create a separate parcel for each house. Staff notes that the proposal is consistent with the Comprehensive Plan in that it is developing with single-family homes and generally consistent with the Zoning Ordinance. WETLANDS No wetlands exist on site. Storm Water Management The proposed development should be designed to meet the City's water quality and water quantity requirements. Easements Typical drainage and utility easements have been provided. Erosion and Sediment Control Silt fence should be provided in areas where sediment may otherwise be carried off-site. All upland areas disturbed as a result of construction activities shall be immediately restored with seed covered with mulch or sodded according to the following table. Time Type of Slope (maximum time an area can remain unvegetated when area is not actively beina worked) Steeper than 3: 1 7 Days 10:1 to 3:1 14 Days Flatter than 10: 1 21 Days Daily scraping and sweeping of streets shall be completed anytime construction site soil, mud, silt or rock is tracked or washed onto paved surface or street that would allow tracked materials or residuals of that material to enter the storm water conveyance system. Construction site access points shall be minimized to controlled access points with rock entrance and exit pads installed and maintained throughout construction. 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 $1,093/acre. Based on the proposed developed area of approximately 3.03 acres, the water quality fees associated with this project are $3,311.79. Planning Commission Final Plat Lotus View Addition Planning Case No. 04-23 January 10,2005 Page 7 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 $2,705 per developable acre. This results in a water quantity fee of $8,196.15 for the proposed development. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $ 11,507.94. GRADING. DRAINAGE & EROSION CONTROL The existing property has greater than one-and-a-half acres of tree cover over the site. The plans propose to grade about 25% of the site for one new house pad and a proposed private street with a half hammerhead turnaround. Staff agrees with the use of the private street and believes it will minimize the amount of tree loss along with the amount of grading. The entire site drainage is tributary to Lotus Lake. About one-third of the site drains off site to the south and west. The remaining two-thirds of the site drain to the south via Pleasant View Road. No storm drainage improvements have been proposed by the applicant. Staff is in agreement with this and does not feel that the addition of one lot requires a storm water pond for the site. Tree preservation fencing must be installed at the limits of tree removal and silt fence along the perimeter of the grading limits. All disturbed areas, as a result of construction, must be seeded and mulched or sodded immediately after grading to minimize erosion. A 75-foot minimum rock construction entrance must be added to the entrance that will be accessed during construction. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. UTILITIES Currently, the site has access to public sanitary sewer and water from Pleasant View Road. No public utilities are proposed. The existing houses on Lot 1 are already connected with sewer and water services. The plans propose on connecting the new Lot 2 to existing utility stubs along the east side of the parcel. Installation of the private utilities for the site will require permits and inspections through the City's Building Department. The site was previously assessed for sanitary sewer and water and those assessments have been paid. The sanitary sewer and water hookup charges will still be applicable for the new lot. The 2005 trunk hookup charge is $1,458.00 for sanitary sewer and $2,955.00 for watermain. The 2005 SAC charge is $1,525.00 per unit. All of these charges are based on the number of SAC units calculated by the Metropolitan Council. Sanitary sewer and watermain hookup fees may be Planning Commission Final Plat Lotus View Addition Planning Case No. 04-23 January 10,2005 Page 8 specially assessed against the parcel at the time of building permit issuance. These charges will be collected at the time of building permit issuance. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited to the MPCA and Watershed District. STREETS The plan proposes on accessing the lots via a private street from the northwesterly corner of the parcel off Pleasant View Road. The City Council approved a variance to allow the newly created parcel to access off of the same private street. Because the existing driveway crosses over the neighboring lot to the west, an easement for this encroachment must be provided. If the easement cannot be obtained, the applicant has shown an alternate driveway location approximately 50 feet east of the existing driveway. The plan shows a 20-foot pavement width private street with a half hammerhead turn around. The proposed hammerhead turnaround configuration must be approved by the City's Fire Marshal. In addition, the private street must be built to a 7-ton design and contained within a 30-foot private easement. The developer will be required to submit inspection reports certifying the 7-ton requirement. PARK DEDICATION Lotus View Addition lies within the park service area of North Lotus Lake Park. Future residents of this subdivision will easily be able to access the park via Pleasant View Road. No sidewalks or trails are currently available along Pleasant View Road. It is unlikely that these amenities will be constructed in the future even though a pedestrian route along Pleasant View Road is identified in the Comprehensive Plan. The topography of the area and curvilinear nature of the road would present nearly insurmountable challenges to the construction of a trail or sidewalk. However, if an effort to construct a sidewalk along Pleasant View Road was ever undertaken, the 33 feet of right-of-way from the center being acquired as a part of this subdivision could accommodate the improvements required of such a project. It is recommended that the applicant pay park fees in lieu of land dedication or trail construction on one of the two lots. One lot is exempt from these charges due to the existing single-family homes on the property. Based on 2005 park fee on a single-family home totals $4,000 and is payable at the time of platting. TREE PRESERV A TION/LANDSCAPING Tree canopy coverage and preservation calculations for the Lotus View Addition were submitted by the applicant, but staff believes the numbers are significantly underestimated. Staff's calculations of the site are as follows: Planning Commission Final Plat Lotus View Addition Planning Case No. 04-23 January 10,2005 Page 9 Total upland area Baseline canopy coverage Minimum canopy coverage required Proposed tree preservation 131,700 SF or 3.0 ac. 55 % or 72,000 SF 35 % or 46,095 SF 49% or 64,098 SF The applicant meets minimum canopy coverage allowed. Bufferyard plantings are required along Pleasantview Road. Requirements are as follows: Location Required Proposed Pleasantview Road - 4 overstory trees Existing trees and shrubs bufferyard B - 30' width 8 understory trees 415' length 8 shrubs Existing vegetation and grade changes are sufficient buffers for lots 1 and 2 along Pleasant View Road. COMPLIANCE WITH ORDINANCE - RSF DISTRICT Lot Area Lot Width Lot Depth Home Setback Ordinance 15,000 90' 125' 30' front/rear 10' sides BLOCK 1 Lot 1 Existing homes Lot 2 87,000 210' 341' 200'/24'* 50' 30'/30' 10' 45,000 160' 290' Right-of-Way 21,600 Total 153,600 (3.5 acres) * The guest house is located 24 feet from the rear property line. This is an existing non conformity. SUBDIVISION FINDINGS 1. The proposed subdivision is consistent with the zoning ordinance; Finding: The subdivision meets all the requirements of the RSF, Residential Single Family District and the zoning ordinance. The City Council approved a variance to allow a private street to serve the newly created lot. The existing nonconformities are legal nonconforming. The nonconformity will not intensify due to this subdivision. Planning Commission Final Plat Lotus View Addition Planning Case No. 04-23 January 10,2005 Page 10 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 the comprehensive plan and subdivision ordinance. 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 significant environmental damage subject to conditions of approval. The proposed subdivision contains adequate open areas to accommodate house pads. 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 will have access to public utilities and streets. Planning Commission Final Plat Lotus View Addition Planning Case No. 04-23 January 10,2005 Page 11 PRIVATE STREET Section 18-57. Streets. (r) Private streets serving up to four (4) lots may be permitted in the A2, RR, RSF and R4 if the criteria in variance section 18-22 are met and upon consideration of the following: ( 1 ) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. (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. (3) The use of a private street will permit enhanced protection of the city's natural resources, including wetlands and protected areas. Staff reviewed the two possible plat layouts for the site and considered individual driveways off of Pleasant View Road. Staff believes that the best option from a safety and environmental standpoint is the private street option. The option of all the lots accessing directly from Pleasant View Road with three separate driveways is not recommended from a safety standpoint. Each of the separate accesses creates a potential conflict point with traffic on Pleasant View Road, a collector street. The second option of a public street and cul-de-sac serving the parcel requires severe grading of the site. The final option of a private street serving three lots is the most environmentally friendly and does not add any additional access points to the site off of Pleasant View Road. Direct lot access to a collector road is prohibited by the subdivision ordinance. The City Council recommended approval of the variance when they reviewed the request with the preliminary plat. VARIANCE Sec. 18-22. Variances. The city council may grant a variance from the regulations contained in this chapter 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. 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. Planning Commission Final Plat Lotus View Addition Planning Case No. 04-23 January 10, 2005 Page 12 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 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. 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. The applicant is proposing to access the site via a private street. This option will minimize grading and tree removal as well as provide less potential conflict with vehicles on Pleasant View Road. The applicant's request is reasonable. The City Council approved the request on December 3,2004. RECOMMENDATION Staff recommends the City Council adopt the following motion: "The City Council approves the final plat for Planning Case 04-23 for Lotus View Addition for 2 lots and a variance to allow a private street as shown on the plans received December 15,2004, subject to the following conditions: 1. Environmental Resources Specialist Conditions: a. Tree preservation fence shall be installed prior to grading at the perimeter of the grading limits. b. Any trees not shown for removal that are lost due to construction activities will be replaced at a rate of 2: 1 diameter inches. 2. Submit a 30-foot wide private cross-access easement against all lots and the adjacent property at time of final plat recording. 3. Permits from the appropriate regulatory agencies will have to be obtained, including but not limited, to the MPCA and Watershed District. 4. Tree preservation fencing must be installed at the limits of tree removal. 5. Add silt fence along the perimeter of the grading limit. Planning Commission Final Plat Lotus View Addition Planning Case No. 04-23 January 10,2005 Page 13 6. Add to the plan the following note all sanitary services must be 6-in PVC-SDR26 and water services I-in copper. 7. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with a detailed haul route and traffic control plan. 8. The sanitary sewer and water hookup charges are applicable for each of the new lots. The 2005 trunk hookup charge is $1, 458 for sanitary sewer and $2,955 for water-main. The 2005 SAC charge is $1,525.00 per unit. All of these charges are based on the number of SAC units calculated by the Metropolitan Council. Sanitary sewer and watermain hookup fees may be specially assessed against the parcel at the time of building permit issuance. These charges will be collected at the time of building permit issuance. 9. Add the following City of Chanhassen Detail Plates Numbers: 5200, 5203, 5204, 5300 and 5301. 10. The private street must be built to a 7-ton design and 10% maximum grade. The developer will be required to submit inspection reports certifying this. 11. On the plan: a. Revise the incorrect bar scale. b. Show the benchmark used for the site survey. c. Show a minimum 75-foot rock construction entrance. d. Add 5-foot side lot line easements. e. Show the 30-foot private driveway easement. f. Show all proposed grading contours. g. Label the proposed house pad as a walkout or WOo h. The gravel drive located south of the property is partially paved and should be shown as such. 12. The applicant shall submit an erosion and sediment control plan for the proposed subdivision. The plan should include the location of silt fencing and rock entrance/exit access pad. Erosion and sediment controls should meet the requirements as stated in the City of Chanhassen Erosion and Sediment Control BMP Handbook. 13. All disturbed areas shall be mulched and seeded or sodded according to following table: Time Type of Slope (maximum time an area can remain unvegetated when area is not actively being worked) Steeper than 3:1 7 Days 10:1 to 3:1 14 Days Flatter than 10: 1 21 Days These areas include any exposed soil areas with a positive slope to a storm water conveyance system, such as a curb and gutter system, storm sewer inlet, temporary or Planning Commission Final Plat Lotus View Addition Planning Case No. 04-23 January 10,2005 Page 14 permanent drainage ditch or other natural or man made systems that discharge to a surface water. 14. Based on the proposed developed area of approximately 3.03 acres, the water quality fees associated with this project are $3,311.79; the water quantity fees are $8,196.15. At this time, the estimated total SWMP fee, due payable to the City at the time of final plat recording, is $ 11,507.94. 15. Full park fees shall be collected at the rate in force at the time of final plat. The 2005 rate for one additional lot is $4,000. 16. If a new driveway access was built, the existing driveway to the site off of Pleasant View Road must be removed. 17. Building Official Conditions: a. Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. b. Each lot must be provided with a separate sewer and water service. c. House numbers must be posted at the street and on the homes if a private drive is utilized. 18. Access to all three lots shall be limited to the Private Street. Direct access is prohibited off of Pleasant View Road. 19. All construction parking will be required to be off road." ATTACHMENTS 1. Final Plat dated "Received December 15, 2004". g:\plan\2004 planning cases\04-23 -lotus view addition-745 pleasant view road\final plat.doc