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CC Minutes 04-27-2015Chanhassen City Council – April 27, 2015 Mayor Laufenburger: Four days to decide between four schools. Tyler Kobilarcsik: Yeah. Mayor Laufenburger: Are you thinking about throwing dice or how are you going to do that? Tyler Kobilarcsik: Haven’t yet decided. Maybe flipping a coin. Make a bigger bracket possibly. Mayor Laufenburger: But you’re a skier aren’t you? Tyler Kobilarcsik: Yes. I’m a skier and runner so. Mayor Laufenburger: Nordic or alpine? Tyler Kobilarcsik: Nordic. Mayor Laufenburger: Nordic. Tyler Kobilarcsik: Yeah. That makes it difficult. Academics and athletics balance, it’s pretty hard. Mayor Laufenburger: Well Tyler on behalf of all of us it’s been a pleasure watching you with the Park and Rec Commission but also watching you at Chanhassen High School. I wish you the best of luck in your future career. Tyler Kobilarcsik: Thank you. Thank you. Mayor Laufenburger: Alright, thanks Tyler. Todd Gerhardt: I guess Florida State’s out. Mayor Laufenburger: Probably. REDSTONE RIDGE, 6341 AND 6400 TETON LANE, APPLICANT/OWNER: CHRIS MAY/CITY OF CHANHASSEN: A. CONSIDER APPROVAL OF PRELIMINARY PLAT WITH VARIANCES OF 2.74 ACRES INTO FOUR LOTS (TWO NEW HOMES) ON PROPERTY ZONED SINGLE FAMILY RESIDENTIAL (RSF) AND LOCATED AT 6341 AND 6400 TETON LANE. APPLICANT/OWNER: CHRIS MAY/CITY OF CHANHASSEN. B. PUBLIC HEARING: CONSIDER ADOPTION OF RESOLUTION APPROVING VACATION OF RIGHT-OF-WAY/EASEMENTS. 21 Chanhassen City Council – April 27, 2015 Kate Aanenson: Thank you Mayor, members of the City Council. I’ve actually in this presentation combined the preliminary plat with variances with the right-of-way vacation so, and both motions will appear at the end. Mayor Laufenburger: Okay. Kate Aanenson: So as you stated this is an application for, to subdivide property by the owner at th 6400 Teton Lane. This item did appear before the Planning Commission on April 7. They unanimously approved approval of the request. There was a concern from a resident regarding some drainage issue which I’ll go through when we get to that section. Again the City Council does approve the vacation of a right-of-way so that was re-noticed as a part of this application. While we discussed at the Planning Commission that’s within your purview. So again there’s two existing lots of record. 6341 and 6400 Teton Lane and you may remember that we had a subdivision up in this area right here. The Fretham so this is immediately south of that again on Teton Lane. So there’s two existing homes that are being reconfigured to create two additional lots so the existing homes will stay and there will be two new lots so there is some, as the City Engineer’s talked about, sometimes you have separate PID’s but they’re under similar ownership so that is the circumstance here on this property. The site is 2.74 acres with the 4 lots. The property is zoned Residential Single Family and the homes will stay as I indicated. There’s a swimming pool and detached garage on the one home and the driveways will all exit either Bretton or Teton Lane. So as I indicated this is the right-of-way. Street right-of-way that we’ll be vacating and I’ll go through that process in just a minute. So as always we ask an applicant to show what the implication would be if you met the city ordinance, in this circumstance providing 60 foot right-of-way with a cul-de-sac. It did do excessive amount of grading on the site and with the two existing homes we felt that it could be better served using a neck lot and that’s what the variance is for is to provide for the neck lot. So you can see here, this I the preliminary plat so the existing home again that would be served with what we call a flag lot. A neck lot and that’s what the variance is for. So within your staff report we did put the Findings for the variance request. All of the lots are in excess of 15,000 and actually the largest one is almost 30,000 square feet so all the lots meet the minimum requirements of the RSF zoning district. In addition they all meet the 25 percent. We believe they meet the 25%. Before they come back for final plat we’ve asked them to re-calculate that. Mayor Laufenburger: Hard surface. Kate Aanenson: Hard surface calculation, correct. On those. Again the subdivision findings are also in your staff report. So the vacation for the right-of-way is as shown on the plat here is a part of the right-of-way is usually dedicated as part of Registered Land Survey No. 11, Tract 6. The staff has determined that this right-of-way is not needed for any roadway purposes. Again it’s really adjacent to another parcel that’s owned by the applicant so we believe it makes sense to put it on the tax roll and vacate that portion so, because it has no purposes for roadway access we would recommend vacating that. So to again just to note to address the private utilities on the vacation shall include existing, will have affect, vacating does not affect any utilities that are within that right-of-way so that’s always something that we would verify too. So again this is the plat showing the lots. When this item went before the Planning Commission there was some concern regarding drainage. This is relatively steep along this side here so the City, engineering 22 Chanhassen City Council – April 27, 2015 department did address those concerns stating how the drainage is going back towards the streets. That was just the concerns of some of the residents on that neighborhood and I believe that those were adequately addressed. So with that we are recommending the preliminary plat with the variance for the neck lot and then we also are recommending approval of the vacation of the right-of-way and I’d be happy to answer any questions that you may have. Mayor Laufenburger: Alright, thank you Ms. Aanenson. Council have any questions of Ms. Aanenson on this? Councilman Campion, please. Councilman Campion: I have one question Kate. So the property owners were receptive to changing from the cul-de-sac to the neck lot? Kate Aanenson: Yeah. I think their first choice was to do this but we always, we always want to show that if we put a private street in, that’s always the preferred method but because there’s two existing lots and the amount of grading pushing that to that slope and the tree loss there, we felt because the two homes here will stay. It seemed like a lot of impact to the two existing home. The two new homes will meet the required frontage and they would access also off of the public street so we didn’t feel it was necessary to provide a cul-de-sac for that purpose. Councilman Campion: Okay. Mayor Laufenburger: Any other questions? Ms. Aanenson. You made reference to, I think your phrase was similar ownership so the existing, there are two existing lots right now and these two owners, they must be similar. Either familial or good neighbors that they’re agreeing with this arrangement, correct? Because it looks like one of these lots, Lot number 4 specifically is going to be smaller than it was. Kate Aanenson: Correct. Correct. Mayor Laufenburger: Is that right? Kate Aanenson: Yes or under one ownership, yes. Mayor Laufenburger: Okay. So maybe I’ll have the applicant speak to that. Kate Aanenson: Yes. Mayor Laufenburger: Okay. Alright. And then secondly we are not creating any non- conformance by these lot lines, for example the setbacks. Kate Aanenson: That’s correct. Mayor Laufenburger: Okay, alright. Kate Aanenson: So the only, and that was something that’s always the creative part of doing it is you know when you take the existing conditions and you look at kind of these anomalies of 23 Chanhassen City Council – April 27, 2015 separate PID’s. How these were, as we talked about in Carver Beach, kind of these remnants. So it cleans this all up and then the existing lots that was a variance just making sure, depending on the type home. We always have them show a 60 by 60 pad but as you know they may build something different but we want to calculate that for the hard coverage before we final plat. Mayor Laufenburger: Okay. Well before I open the public hearing on this I guess I will ask the applicant to step forward and if he or she would like to make any comments. Is the applicant present tonight? Chris May: Sure. Mayor Laufenburger: Okay. Just ask that you state your name and your address. I’m hoping it’s one of these two. Chris May: Hi, I’m Chris May. I own the house at 6400 Teton Lane. That’s the large parcel on the east side. Mayor Laufenburger: Number 3? Chris May: Yep. Mayor Laufenburger: Okay, alright. Chris May: So we are familiar as my brother is the neighbor next door and we worked it out internally to do a property line adjustment for the road frontage along Teton Way and we’ll actually go together with you know it’s kind of a joint venture to kind of subdivide that out and most likely sell the lots off or build something, custom homes on those first two lots. Mayor Laufenburger: Gotch ya. And you’ll be, it looks like you’re going to have to move your driveway, is that right? Chris May: Yeah it’s unfortunate. It’s probably maybe a year old. We had an old gravel driveway that went down to the end that we paved like last summer and so we’ll have to redirect that out but I think it’ll be a lot less shoveling. Mayor Laufenburger: Probably so. Any other comments? Chris May: No, I just appreciate you looking this over and offering to take a look at the variance for the bottle neck of the driveway. You know for us it’s preferred to kind of keep the existing homes and avoid having to have a cul-de-sac so. Mayor Laufenburger: Sure. If you wouldn’t mind just a minute, any council members have any questions for Mr. May? Okay, I think you’re good to go. Thanks Chris. Chris May: Alright, thank you. 24 Chanhassen City Council – April 27, 2015 Mayor Laufenburger: Alright. At this time I will open the public hearing. Ms. Aanenson I think the public hearing is required for the vacation of the right-of-way, is that correct? Kate Aanenson: That’s correct. Mayor Laufenburger: Alright, but if anybody is present in the chamber that would like to speak to the proposed vacation of the right-of-way please step to the podium and state your name and address. Alright, there being none I will close the public hearing and bring it back to the council for any questions, comments or motions. Could you put that motion up there Kate? Thank you. Any questions or comments or a motion? Councilwoman Tjornhom: I’ll make a motion. Mayor Laufenburger: Thank you Councilwoman Tjornhom. Councilwoman Tjornhom: Unless there’s more comments. I’m sorry. Mayor Laufenburger: Did you have a comment Mr. McDonald? Councilman McDonald: No, no comment. I was just getting ready to, go ahead. Councilwoman Tjornhom: Alright. Mayor Laufenburger: I want to say this too. This is for people both in the chambers as well as people watching at home. We ask for staff reports on everything but I want you all to understand that we have a very extensive packet that’s delivered electronically to us about 5 days before every council meeting and we as council members, our responsibility is to review that packet so the first time we’re hearing something is not the first, not when Ms. Aanenson or Mr. Oehme or Mr. Hoffman say something to us, we’ve had extensive time to read and review and in some cases even ask questions of the council so when you don’t hear any council comment it doesn’t mean that we don’t care. It just means that we’ve gotten all of our questions answered and we’re prepared to move forward. I think we’re prepared to move forward, are we Councilwoman Tjornhom? Councilwoman Tjornhom: Absolutely. Mayor Laufenburger: Alright. Councilwoman Tjornhom: Alright Mr. Mayor I’d like to make a motion that the City Council approve preliminary plat with variances to replat 2.74 acres into 4 lots, Redstone Ridge on property zoned Single Family Residential and located at 6341 and 6400 Teton Lane and adoption of the attached Findings of Fact and Recommendation. Moving on I’d also like to make the motion the City Council adopts a resolution approving the vacation of the right-of-way area dedicated as RLS 11, Tract C described in the attached legal description. Mayor Laufenburger: Very good. Is there a second? 25 Chanhassen City Council – April 27, 2015 Councilwoman Ryan: Second. Mayor Laufenburger: Thank you Councilwoman Ryan. Any discussion? Councilwoman Tjornhom moved, Councilwoman Ryan seconded that the City Council approve Preliminary Plat with a Variance for the use of a neck lot to replat 2.74 acres into four lots, Redstone Ridge, as shown in plans dated received February 14, 2015, including the attached Findings of Fact and Recommendation, and subject to the following conditions: Park and Trail Conditions 1.Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for Redstone Ridge for the two new housing units only. The park fees will be collected in full at the rate in force upon final plat submission and approval. Based upon the city’s 2015 single-family park fee of $5,800 per unit, the total park fees for Redstone Ridge would be $11,600. Engineering Conditions: 1.The plans shall show the first-floor elevations of existing buildings on adjacent properties. 2.The grading plans shall be revised to show the proposed elevations at each lot corner and at the corners of the proposed structures. 3.Draintile service must be provided for Lots 1 and 2 where runoff will flow from the back to the front of the lot. 4.A soils report is required indicating soil conditions, permeability, slope and water level if detected. 5.The plan must indicate that all swales discharging off site are to have the final 200 feet stabilized and the method to be used. 6.The silt fence must comply with City Detail 5300 which requires the use of metal tee-posts. 7.The silt fence shown across Lots 3 and 4 must be placed twenty (20) feet from the top of the bluff to ensure that entire bluff impact zone is protected. 8.Inlet protection shall be shown on all existing catch basins with the potential to receive runoff from the site or tracked material. 9.Plan must demonstrate the placement of a rock construction entrance and include a detail. 10.A note shall be made that no less than six (6) inches of topsoil, meeting the MnDOT specifications for 3877.2 Loam Topsoil Borrow must be placed to achieve the final grade and prior to the placement of any sod. 26 Chanhassen City Council – April 27, 2015 11.The plan must show a stockpile area for stripped topsoil. 12.The erosion escrow shall be required reflecting the quantity of topsoil necessary to place six (6) inches over Lots 1 and 2 excluding the 25% hardcover allowed with the Development Contract. 13.The grading plan shall label the elevation at the centerline of the proposed driveways. 14.The plan must label the proposed grade of the new driveway for the home on Lot 3. 15.The new driveway pavement being installed at Lot 3 may not exceed a width of 50 feet. 16.Escrow for the construction of the new sanitary sewer and water services and the associated restoration of part of Teton Lane will be collected with the Development Contract. 17.Surface Water Management Utility fees totaling $6,025.80 shall be due at final plat. 18.Partial water and sewer hookup fees will be due at the time of final plat; the remaining hook- up fees will be due with the building permit. The fees will be assessed at the rate in effect at that time. Environmental Resource Conditions: 1.Tree protection fencing will be required at the edge of grading limits near any preserved trees. It shall be installed prior to grading. 2.Each lot will be required to have a minimum of one tree in the front yard. Planning Conditions: 1.Approval of the subdivision is contingent on approval of the right-of-way vacation. 2.All lots must maintain a maximum hard surface coverage of 25%. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2015-26: Councilwoman Tjornhom moved, Councilwoman Ryan seconded that the City Council adopts a resolution approving the vacation of a portion of the public right-of-way deeded as RLS 11, Tract C. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Laufenburger: Thank you very much Mr. May. Best of luck to you and your brother with whom you’ve duked it out for whatever you needed to do. Kate Aanenson: This will be back for final plat but typically we just put those on consent. Mayor Laufenburger: Alright, that will be fine. Thank you. 27