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CC Staff Report 07-27-2015CITY OF 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone. 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 7901 Park Place Phone: 952.227.1300 Fax: 952.2271310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Website www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: July 27, 2015 o SUBJ: Glaccum Subdivision — Planning Case #2015-18 PROPOSED MOTION "The Chanhassen City Council approves rezoning the property from Rural Residential District (RR) to Single Family Residential (RSF), and Subdivision approval with a Variance to the bluff setback to create four lots and one outlot subject to the conditions of approval and adoption of the Findings of Fact." City Council approval requires a majority vote of City Council. EXECUTIVE SUMMARY The applicant is requesting a rezoning of the property from Rural Residential District, RR, to Single -Family Residential District, RSF, to permit the subdivision of the property into four single-family lots. The variance permits the developer to remove the small area of bluff within the project. PLANNING The Planning Commission held a public hearing on July 7, 2015 to review the proposed development. The Planning Commission voted four to two to recommend that City Council approve the project. One of those opposed to the development believed that the bluff area should be preserved. The other member opposed to the development believed that three lots were appropriate. The majority of the commissioners believed that the tradeoff for the larger wetland buffer and preservation area was appropriate, rather than preserving an isolated bluff area that could and would be graded next to on either side. Planning Commission minutes for July 7, 2015 are included in the consent agenda for the July 27, 2015, City Council packet. RECOMMENDATION Staff recommends that City Council approve the rezoning and preliminary plat with a variance from the bluff setback subject to the conditions of the staff report. ATTACHMENT 1. Planning Commission Staff Report Dated July 7, 2015. g9plan@015 planning cases2015-18 glaccum rezoning & subdivision with variances\executive summary.doc SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN PROPOSED MOTION: PC DATE: July 7, 2015 CC DATE: July 27, 2015 REVIEW DEADLINE: August 4, 2015 CASE #: 2015-18 BY: RG, ML, JM, TJ, JS, SS "The Chanhassen Planning Commission recommends that City Council approve rezoning the property from Rural Residential District (RR) to Single Family Residential (RSF), and Subdivision approval with a Variance to the bluff setback to create four lots and one outlot subject to the conditions of approval and adoption of the Findings of Fact and Recommendation." SUMMARY OF REQUEST: The applicant is requesting rezoning from Rural Residential District (RR) to Single Family Residential (RSF); and Subdivision approval with a Variance to create four lots and one outlot. LOCATION: 1510 Lake Lucy Road h4(fr-, APPLICANT: Estate Development Corporation 15250 Wayzata Boulevard, Suite 101 Wayzata, MN 55391 (612)990-0666 tom@landmn.com PRESENT ZONING: (RR) 2020 LAND USE PLAN: (1.2 — 4.0 units/net acre) Rural Residential District Residential Low Density ACREAGE: 3.12 acres DENSITY: 1.28 units per acre gross, 2.27 units per acre net Michael & Leah Glaccum 6003 Coffer Woods Court Burke, VA 22015 LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving rezonings because the City is acting in its legislative or policy-making capacity. A rezoning must be consistent with the City's Comprehensive Plan. The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning and Subdivision Ordinances for variances. 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. SCANNED Planning Commission Glaccum Property — Planning Case 2015-16 July 7, 2015 Page 2 of 17 Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting a rezoning of the property from Rural Residential District, RR, to Single -Family Residential District, RSF, to permit the subdivision of the property into four single-family lots. Part of the request is to eliminate the bluff setback, a variance, so that the site may be graded and to remove the retaining wall on along Lake Lucy Road and allow the development to grade out the bluff area to provide suitable building sites for Lots 2 and 3. The applicant is proposing to subdivide one 3.12 -acre parcel into four building lots and one outlot. The area is single-family residential. The new public road is a cul-de-sac extension of Lakeway Drive. Water main and sanitary sewer would be extended to provide for future development. The applicant is also requesting a variance from the bluff protection ordinance. This variance allows for an additional lot to be platted and allows for site grading to eliminate the existing steep slopes on the site creating a potentially more stable site. To mitigate this variance, they are proposing to dedicate increased protection around the wetland. The site is heavily wooded and the proposed grading would result in significant tree removal APPLICABLE REGULATIONS Chapter 18, Subdivisions Chapter 20, Article Il, Division 2, Amendments Chapter 20, Article II, Division 3, Variances Chapter 20, Article V1, Wetland Protection Chapter 20, Article X11, "RSF" Single -Family Residential District BACKGROUND The house on the property was built in 1910. The property was rezoned from Agricultural Residence District, R-1 A, to Rural Residential District, RR, in 1987. REZONING The existing zoning of the property, Rural Residential, is not consistent with the land use designation of the property, Residential Low Density. The comprehensive plan allows less intensive land uses to remain in place. However, any approval by the city for development of the property must be consistent with the comprehensive plan. The following zoning districts would be consistent with a Residential Low Density land use: Single -Family Residential, RSF, Mixed Low Density Residential, R-4, Low and Medium Density Residential, RLM, and Planned Unit Development — Residential, PUD -R. The RSF district is the Planning Commission Glaccum Property — Planning Case 2015-16 July 7, 2015 Page 3 of 17 most appropriate zoning district to rezone this property since it is the same zoning as the surrounding residential properties and permits only single-family homes. While the R-4 district permits single-family homes, it also permits twin homes which would be inconsistent with the surrounding development. The RLM district permits single-family homes, as well as twin homes, townhouses and attached housing. But the RLM district also requires that large areas of upland are preserved or created as permanent open space to balance the higher hard surface coverage permitted on the individual lots. Finally, the PUD -R district can be created for a single-family subdivision, but the ordinance requires that the minimum development size be five acres. Staff is recommending the rezoning to RSF be approved. SUBDIVISION The applicant is proposing a four lot single-family detached housing subdivision served via public streets. OX N /i// � / /i iii / /O Planning Commission Glaccum Property — Planning Case 2015-16 July 7, 2015 Page 4 of 17 EASEMENTS The existing easements on the property shall be shown on the existing topography page of the plan set. Yosemite Avenue and Lake Lucy Road right-of-way is currently under a roadway easement. The preliminary plat would dedicate 33 feet of right-of-way to Yosemite Avenue and 40 feet to Lake Lucy Road. The preliminary plat will dedicate a 0.467 -acre conservation easement over Outlot A and backyard portions of Lots 2, 3 and 4 as well as portion of the side yard of Lot 1. The conservation easement abuts the lower retaining wall on Lot 3. The conservation easement language must allow the property owner to do proper maintenance and/or replacement of their wall, or the conservation easement and/or wall must be shifted to allow enough area for said maintenance. The drainage and utility easements are shown in the preliminary plat around the perimeter of each lot as well as locations of public utilities. The easement dimensions must be revised over the sanitary sewer to provide adequate area to excavate the pipe for future maintenance at a 1:1 slope (minimum), 1:1.5 slope (preferred). In the applicant's narrative for variance request, one of the benefits listed is to allow future access reduction on Lake Lucy Road by providing a future access for the driveway of the adjacent property, 1430 Lake Lucy Road. For this future benefit, an access easement across Lot 4 must be granted to the property at 1430 Lake Lucy Road, or the portion of Lot 4 that lies between the cul-de-sac and 1430 Lake Lucy Road must be dedicated as public right-of-way. GRADING Drainage Under existing conditions, the majority of the site drains to the north to City wetland 10-116-23- 02-031-A. This wetland is a Manage 2, Type 3 wetland dominated by cattails and reed canary grass which is hydrologically connected to a Manage 1 wetland. The drainage is conveyed through a culvert to Clasen Lake before heading through Curry Farms Park and into Christmas Lake. The remainder of the site drains to Lake Lucy Road where it is picked up in the storm sewer and conveyed to Lake Lucy. Under proposed conditions, watershed area will remain largely unchanged. The proposed cul- de-sac and portions of Lots 2, 3 and 4 will be treated through an underground infiltration facility. This facility is comprised of perforated pipe embedded in washed rock. Rates to Lake Lucy Road will be reduced under all modeled storm events post -development. Rates to the wetland will increase slightly — 0.70 cubic feet per second at most. The wetland can accommodate the input with zero discharge off-site and, therefore, does not pose a threat to downstream areas. Planning Commission Glaccum Property — Planning Case 2015-16 July 7, 2015 Page 5of17 Under Section 19-143 of city code rates can increase if it can be demonstrated that "no adverse downstream effects will result from the proposed system." Given that the water is contained within the wetland, staff feels that this condition is met. The grading plan must be revised to include the proposed elevations at each lot corner. Lot 1, Block 1 shall require drain tile service to promote drainage from the back to the front of the lot. Erosion Prevention and Sediment Control The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit). The applicant has prepared a draft Surface Water Pollution Prevention Plan (SWPPP) for the city's review. This SWPPP shall be revised to be consistent with the NPDES Construction Permit and shall contain all required elements as listed in Parts III and IV of the permit. The PCA has developed a checklist for the benefit of SWPPP designers. In addition, staff will provide redline comments to the applicant's engineer. The erosion prevention and sediment control plans must also be consistent with Section 19-145 of city code. When individual building permit applications are submitted, an erosion control plan consistent with Section 19-145 of city code will be required specific to each lot. SITE CONSTRAINTS Wetland Protection The City of Chanhassen Wetland Inventory and the Minnehaha Creek Watershed Wetland Inventory both indicate a wetland immediately on, and adjacent to, the subject property. The applicant has had the wetland delineated by a certified wetland delineator. The report has been provided and the application has been noticed. Comments are due July 10, 2015 at which time a decision will be made. Staff has reviewed the delineated boundary and feels it does accurately reflect the boundary. The proposed plan does not result in any impacts to the wetland. The proposed buffer area meets the city requirements. In addition, a conservation easement is being proposed around the wetland to mitigate for the requested variance to make significant topographic alterations to the bluff area. The wetland area itself is being placed within an outlet which will be dedicated to the city. Bluff Protection There is a portion of the property that meets the criteria for bluff: having a vertical rise of at least 25 feet, having a horizontal run of at least 50 feet and having a grade of at least 33%. This bluff area is shown on figure 1 as stippled grey. The rest of the slope fails to meet the required Planning Commission Glaccum Property — Planning Case 2015-16 July 7, 2015 Page 6of17 25 -foot vertical rise. However, in many case it is actually steeper than the bluff area. This means people could potentially build to the top of the slope even though it is no more stable than the area considered bluff. By grading as is proposed, these areas of steep slope are eliminated on the subject property. To illustrate this, currently the slope on proposed Lot 1 is 2:1 or 50%. Under the proposed conditions, this area is reduced to 4:1 slopes. It is the case on all proposed lots that the slopes will never exceed 4:1. In some areas it is currently as steep as 65%. Figure 1. Bluff area Shoreland Management The property does not lie within a shoreland area. Floodplain Overlay This property does not lie with a floodplain. RETAINING WALLS An existing limestone retaining wall runs along the southern property line adjacent to the Lake Lucy Road trail. This wall is in disrepair and obstructs the sight lines for vehicles at the intersection with Yosemite Avenue. The proposed plan would remove this wall and grade the site to reduce the visual obstruction. Removal of this wall would also benefit trail users by eliminating a hazard from the trail vicinity. The MnDOT Bikeway Facility Design Manual I ms I1 TOP OF SLOPE ariCwun] *Ps ° TOE OF SLOPE ei Tasty I � CJta] . BX1. I]O�MSJI 1 19B 'X, 11�w SLOPE .MEETING CITY — Bk 17 TPS eI /- *°s CODE BLUFF. CRITERIA ISL 4 x1 / _ EIS. OT -, - / N??u 25'N HT FIR FR TOO TOP a a ,✓;4_ tm� _ at' xlJlim�masx x1°]IP '= ]Ps 102103 as rva lWs3J j r''Lu iP4 1 I -BLUFF'S. AGT`2NE LUFF S*[iTORE SETBACK —� LAKE LOGY fl0A0 Figure 1. Bluff area Shoreland Management The property does not lie within a shoreland area. Floodplain Overlay This property does not lie with a floodplain. RETAINING WALLS An existing limestone retaining wall runs along the southern property line adjacent to the Lake Lucy Road trail. This wall is in disrepair and obstructs the sight lines for vehicles at the intersection with Yosemite Avenue. The proposed plan would remove this wall and grade the site to reduce the visual obstruction. Removal of this wall would also benefit trail users by eliminating a hazard from the trail vicinity. The MnDOT Bikeway Facility Design Manual Planning Commission Glaccum Property — Planning Case 2015-16 July 7, 2015 Page 7 of 17 calls for a minimum of 20 inches clearance from the trail to retaining walls. The developer proposes three boulder retaining walls on this site: two on Lot 3 and one on Lot 4. The plan calls for a safety railing to be installed where the wall height is greater than four feet. The walls will be owned and maintained by the individual property owners. The plans shall show the top and bottom wall elevation for all proposed walls. The walls on the north side of Lot 3, Block 1 are approximately 120 feet long. The lower wall is approximately six feet tall and the upper wall is approximately four feet tall. Walls over six feet high shall not be boulder walls. Tiered boulder walls with a combined total height greater than six feet must have adequate spacing between such that they do not structurally impact one another. The vegetation between tiered walls shall be low or no maintenance. The wall on Lot 4, Block 1 is approximately 785 feet long with a maximum height of six feet and is located between the proposed home on Lot 4 and the eastern property line. The wall is outside the five-foot perimeter drainage and utility easement. STREETS The proposed street plan consists of a public cul-de-sac to access onto Lake Lucy Road opposite Lakeway Drive. This 90 -foot diameter cul-de-sac would be an extension of Lakeway Drive to provide access to three of the lots on this site, as well as a possible future access to the property east of the site at 1430 Lake Lucy Road (see discussion in the Driveway section). Planning Commission Glaccum Property — Planning Case 2015-16 July 7, 2015 Page 8 of 17 The cul-de-sac is approximately 238 feet long with a profile grade of 5%, which meets the guidelines for public streets. A 50 -foot landing at 2% grade is provided for vehicles at the intersection with Lake Lucy Road. A stop sign shall be installed for traffic on Lakeway Drive to come to a stop before crossing or entering Lake Lucy Road. DRIVEWAYS AND TRAILS The plan must show proposed driveway elevations at the center of the proposed driveway at the curb line as well as the maximum slope on each driveway. The maximum allowed driveway grade is 10% at any point on the driveway. The Lot 1 and Lot 4 driveways must be revised to be under that maximum. In the applicant's narrative for the variance request, one of the benefits listed is to allow future access reduction on Lake Lucy Road by providing a future access for the driveway of the adjacent property, 1430 Lake Lucy Road. This future connection would eliminate two accesses onto Lake Lucy Road, as 1430 has a U-shaped drive (see aerial photo at left). Lake Lucy Road is classified as a major collector in the 2030 Comprehensive Plan; therefore, access reduction would be consistent with the Plan. See the Easement section for further discussion. The existing trail on Lake Lucy Road is zero to two feet offset from the back of curb. In the proposed plan, the trail will be removed and reconstructed with a two -foot offset. A two -foot buffer strip is considered too narrow for proper vegetation to establish and survive the salt applications in the winter. The plan shall be revised such that a five-foot buffer is between the trail and traffic on Lake Lucy Road. The pedestrian ramp at the corner of Lake Lucy Road and Yosemite shall be replaced with an ADA compliant pedestrian ramp. The City of Chanhassen standard detail plates for pedestrian ramps shall be added to the plan set. Planning Commission Glaccum Property — Planning Case 2015-16 July 7, 2015 Page 9 of 17 SANITARY SEWER AND WATERMAIN The developer proposes to directionally bore a connection under Lake Lucy Road to the existing sanitary sewer manhole on Lakeway Drive. This connection is at a depth that allows sanitary sewer access to all the proposed lots on this development. The sanitary sewer main on site will be 8 -inch PVC and shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. The developer shall connect to the existing watermain on Lake Lucy Road. The 8 -inch watermain pipe shall be C900 and shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. The proposed sanitary sewer and water main shall become City -owned after construction and acceptance by the City Council. The city shall require the developer to extend the sanitary sewer and water main to the northern property line of Lot 1 for future connection to the properties to the west. STORM WATER MANAGEMENT Article VII, Chapter 19 of city code describes the required storm water management development standards. Section 19-141 states that "these development standards shall be reflected in plans prepared by developers and/or project proposers in the design and layout of site plans, subdivisions and water management features." The applicant is proposing an underground infiltration system located between Lots 2 and 3. The outflow elevation for the system is at 1019 feet. The low floor elevation for Lot 3 is at 1019.8 feet. City code requires that there exists a three (3) foot separation between the highest known groundwater elevation and the lowest floor elevation. Staff has discussed this with the consulting engineer. They will either look to lower the system, which could prove difficult as it could potentially make the system too deep to maintain between the Figure 2. Utility plan Planning Commission Glaccum Property — Planning Case 2015-16 July 7, 2015 Page 10 of 17 two houses, or they must stipulate in the development contract that the house on Lot 3 must be a left -loaded garage. This would significantly increase the horizontal separation. The proposed system meets the volume reduction requirements as well as the total phosphorus and total suspended solid reductions as required by NPDES and MCWD rules. The long-term maintenance and operation of the system is of concern to city staff. As there are only four (4) homes in the development it is highly unlikely that the homeowners association (HOA), if one were to be formed, would have the resources to maintain the system. Even if the HOA was formed to assume maintenance of the system, as an MS4 city Chanhassen is required to assure that these systems are maintained and functioning properly. If this system is approved it would fall to the city to maintain and operate the system. Staff is concerned about what liabilities the city might be exposed to. The applicant's engineer shall prepare an operations and maintenance manual itemizing the anticipated maintenance and schedule. Storm Water Utility Connection Charges Section 4-30 of city code sets out the fees associated with surface water management. A water quality and water quantity fee are collected with a subdivision. These fees are based on land use type and are intended to reflect the fact that the more intense the development type, the greater the degradation of surface water. This fee will be applied to the new lot of record being created. It is calculated as shown in the table below: ASSESSMENTS Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be assessed at the rate in effect at that time. The remaining partial hookups fees are due with the building permit. LANDSCAPING AND TREE PRESERVATION The applicant has submitted tree canopy coverage and preservation calculations as follows: Total upland area (excluding wetlands) 2.08 ac. or 90,678 SF Baseline canopy coverage 78% or 70,872 SF Minimum canopy coverage allowed 46% or 41,711 SF Proposed tree preservation 20% or 17862 SF Per acre Size of new lot in Totals rate acres Water Quality $3,110.00 1.95 $6,064.50 Water $4,440.00 1.95 $8,658.00 Quantity Total due at final plat $14,722.50 ASSESSMENTS Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be assessed at the rate in effect at that time. The remaining partial hookups fees are due with the building permit. LANDSCAPING AND TREE PRESERVATION The applicant has submitted tree canopy coverage and preservation calculations as follows: Total upland area (excluding wetlands) 2.08 ac. or 90,678 SF Baseline canopy coverage 78% or 70,872 SF Minimum canopy coverage allowed 46% or 41,711 SF Proposed tree preservation 20% or 17862 SF Planning Commission Glaccum Property — Planning Case 2015-16 July 7, 2015 Page 11 of 17 The applicant does not meet minimum canopy coverage allowed; therefore, the difference between the baseline and proposed tree preservation is multiplied by 1.2 to calculate the required replacement plantings. Difference in canopy coverage 23,849 SF Multiplier 1.2 Total replacement 28,618 SF Total number of trees to be planted 26 trees The total number of trees required for the development is 26. The applicant has proposed a total of 28 trees. A minimum of one tree in each front yard is required per city ordinance and has been shown on the landscape plan. The applicant is required to provide bufferyard plantings along Lake Lucy Road. Bufferyard requirements are as shown in the following table: Landscaping Item Required Proposed Bufferyard B — South property line, Lake Lucy 6 overstory trees 7 overstory trees Rd., 330', 15' width 13 understory trees 13 understory trees 19 shrubs 20 shrubs The applicant meets bufferyard landscaping requirements. The applicant is proposing a conservation easement in the rear yards of Lots 1, 3, and 4 to preserve the natural character of the property, provide additional protection to the wetland and maintain a buffer along existing properties. The applicant will need to provide the legal description of the easement to the city. MISCELLANEOUS Final grading plans and soil reports must be submitted to the Inspections Division before building permits will be issued. Engineered design and building permits are required for retaining walls exceeding four feet in height. Each lot must be provided with a separate sewer and water service. Demolition permits must be obtained before demolishing any structures. Proper removal, abandonment or sealing of storage tanks, on-site septic systems, wells, etc. is required. Permits are required, as applicable. If applicable, existing home(s) affected by the new street will require address changes. A three-foot clear space must be provided around the new fire hydrant. No burning permits will be issued for tree, brush removal. Submit proposed street name to Chanhassen Building Official and Fire Marshal for review and approval. Street name sign shall be installed prior to any building construction. Planning Commission Glaccum Property — Planning Case 2015-16 July 7, 2015 Page 12 of 17 PARKS This property is located within the neighborhood park service areas for Pheasant Hills Park and Curry Farms Park. Residents of this subdivision will have convenient access to these publicly - maintained park and recreation facilities. Pheasant Hills Park is located one-quarter mile west of the new home sites and is eleven acres in size. The park features a children's playground, half -court basketball, picnic shelter (under construction), grass play field, wooded and wetland areas, and a walking trail. A small off-street parking area is currently being constructed along Lake Lucy Lane concurrent with a municipal well project. Curry Farms Park is located one-half mile east of the new home sites and is seven acres in size. This park features a children's playground, half -court basketball, small sledding hill, picnic shelter (under construction), and walking trails. Off-street parking is available. No additional parkland acquisition is being recommended as a condition of this subdivision. TRAILS The subject site has direct access to the public trail along the north side of Lake Lucy Road. No additional trail construction is being recommended as a condition of this subdivision. PARK AND TRAIL CONDITIONS OF APPROVAL Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected as a condition of approval for three of the four lots proposed at 1510 Lake Lucy Road. One lot is being granted park fee credit in recognition of the existing single-family residence that was on the property. The park fees will be collected in full at the rate in force upon final plat submission and approval. Based upon the current single-family park fee rate of $5,800 per dwelling, the total park fees would be $17,400. COMPLIANCE TABLE * Meets 90 feet at building setback as permitted on cul-de-sac Lot Area (sq. ft.) Lot Width Lot Depth 25 %Maximum Site Coverage (sq. ft.) Notes Code (RSF) 15,000 90 125 3,750 Lot 1 20,096 110 237 5,024 Corner lot, wetland set backs Lot 2 16,066 75* 152 4,016 Corner lot Lot 3 21,697 56* 173 5,424 Wetland setback Lot 4 21,696 300 240 5,424 Outlot A 19,342 Wetland ROW 37,206 Total 138,105 3.12 Acres * Meets 90 feet at building setback as permitted on cul-de-sac Planning Commission Glaccum Property — Planning Case 2015-16 July 7, 2015 Page 13 of 17 RSF Setbacks: Front: 30 feet, Side: 10 feet, Rear: 30 feet. Wetland Setback: Buffer 20 feet, buffer setback 30 feet. VARIANCE The applicant's variance request is for relief from the bluff setback requirement in that they propose to eliminate the bluff area on the property. Only a limited area of the slope is classified as a bluff, with the balance of the steep slopes on the property not meeting the criteria for a bluff. Therefore, they are not eligible for development and grading. Development of the site for single-family homes is a reasonable use of the parcel. The proposed variance eliminates a small area of bluff on the site but preserves a larger natural area adjacent to the wetland at the bottom of the hill. An additional benefit to the community is that as part of this project, the aging and deteriorating retaining wall along Lake Lucy Road will be removed. Staff recommends that the Planning Commission approve the rezoning from Rural Residential District (RR) to Single Family Residential (RSF), and Subdivision approval with a Variance to create four lots and one outlot subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: Rezoning: 1. Contingent on final plat approval. Subdivision: Building: 1. Final grading plans and soil reports must be submitted to the hispections Division before building permits will be issued. 2. Engineered design and building permits are required for retaining walls exceeding four feet in height. 3. Each lot must be provided with a separate sewer and water service. 4. Demolition permits must be obtained before demolishing any structures. Planning Commission Glaccum Property — Planning Case 2015-16 July 7, 2015 Page 14 of 17 5. Proper removal, abandonment or sealing of storage tanks, on-site septic systems, wells, etc. is required. Permits are required, as applicable. 6. If applicable, existing home(s) affected by the new street will require address changes. Enaineering: 1. The existing easements on the property shall be shown on the existing topography page of the plan set. 2. The easement dimensions must be revised over the sanitary sewer to provide adequate area to excavate the pipe for future maintenance at a 1:1 slope (minimum), or a 1:1.5 slope (preferred). 3. The developer shall dedicate a conservation easement over the wooded area being preserved adjacent to the wetland. The conservation easement language must allow the property owner of Lot 3, Block 1 to perform proper maintenance and/or replacement of their lower retaining wall or the conservation easement and/or wall must be shifted to allow enough area for said maintenance. 4. For future benefit, an access easement across Lot 4 must be granted to the property at 1430 Lake Lucy Road, or the portion of Lot 4 that lies between the cul-de-sac and 1430 Lake Lucy Road must be dedicated as public right-of-way. 5. The grading plan must be revised to include the proposed elevations at each lot corner. 6. Lot 1, Block 1 shall require drain tile service to promote drainage from the back to the front of the lot. 7. The wetland delineation is approved or, if need be, modified for approval and the setbacks and buffer areas are changed as necessary. 8. The Surface Water Pollution Prevention Plan shall be modified to include all elements as required in Parts III and IV of the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System. 9. The SWPPP shall list among the quantities the required volume of topsoil to spread six inches on all areas to be sodded or seeded. 10. The retaining walls will be owned and maintained by the individual property owners. 11. The plans shall show the top and bottom wall elevation for all proposed walls. 12. Walls over six feet high shall not be boulder walls. 13. Tiered boulder walls with a combined total height greater than six feet must have adequate spacing between such that they do not structurally impact one another. 14. The vegetation between tiered walls shall be low or no maintenance. Planning Commission Glaccum Property — Planning Case 2015-16 July 7, 2015 Page 15 of 17 15. A stop sign shall be installed for traffic on Lakeway Drive before crossing or entering Lake Lucy Road. 16. The plan must show proposed driveway elevations at the center of the proposed driveway at the curb line as well as the maximum slope on each driveway. 17. The maximum allowed driveway grade is 10% at any point on the driveway. The Lot 1 and Lot 4 driveways must be revised to be under that maximum. 18. The plan shall be revised such that there is a five-foot buffer between the trail and traffic on Lake Lucy Road. 19. The pedestrian ramp at the corner of Lake Lucy Road and Yosemite Avenue shall be replaced with an ADA -compliant pedestrian ramp. 20. The City of Chanhassen standard detail plates for pedestrian ramps shall be added to the plan set. 21. The sanitary sewer main on site shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. 22. The eight -inch watermain shall be installed per the City of Chanhassen Standard Specifications and Detail Plates. 23. The proposed sanitary sewer and water main shall become city -owned after construction and acceptance by the City Council. 24. The city shall require the developer to extend the sanitary sewer and water main to the northern property line of Lot 1 for future connection of properties to the west. 25. The detail plates in the plan set must be updated with the most current City of Chanhassen plates. 26. The applicant's engineer shall provide the anticipated operations and maintenance requirements for the infiltration system and shall demonstrate to the satisfaction of the city, how maintenance, including excavation can occur. 27. The applicant shall move MH 2 to the curb line and, if need be, move OCS 3 a commensurate distance. 28. The sump depth of MH2 shall be four feet. 29. A total of $14,722.50 in storm water utility connection charges shall be due at time of final plat. 30. The applicant is responsible for procurement of, and compliance with, any other agency approvals that may be necessary. 31. Water and sewer partial hookups are due at the time of final plat. The partial hookup fees will be assessed at the rate in effect at that time. Planning Commission Glaccum Property - Planning Case 2015-16 July 7, 2015 Page 16 of 17 Environmental Resources: 1. Tree protection fencing will be required at the construction limits prior to any grading. 2. Lots 1 through 4 will have the following quantities of trees planted, as shown on the landscape plan dated 6/16/15: Lot 1: 4 trees; Lot 2: 3 trees; Lot 3: 3 trees; Lot 4: 4 trees. Bufferyard plantings will be located on Lots 1, 2 and 4. 3. Conservation easement signage shall be installed at property lines and directional changes. 4. All retaining walls must be located outside of the Conservation Easement. Fire: 1. Provide a three-foot clear space around the new fire hydrant. 2. No burning permits will be issued for tree, brush removal. 3. Submit proposed street name to Chanhassen Building Official and Fire Marshal for review and approval. 4. Street name sign shall be installed prior to any building construction. Parks: 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected. One lot is being granted park fee credit in recognition of the existing single-family residence that was on the property. The park fees will be collected in full at the rate in force upon final plat submission and approval. ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Preliminary Subdivision and Rezoning Submittal Narrative dated 6/5/15, amended 6/16/15. 4. Variance Request Submittal Narrative dated 6/5/15, amended 6/16/15. 5. Reduced Plan Cover Sheet dated 6/5/15, amended 6/16/15. 6. Reduced Plan Site Survey dated 5/20/15. 7. Reduced Plan Preliminary Plat dated 6/5/15, amended 6/16/15. 8. Reduced Plan Site Plan dated 6/5/15, amended 6/16/15. 9. Reduced Plan Grading and Drainage dated 6/5/15, amended 6/16/15. 10. Reduced Plan Erosion and Sediment Control dated 6/5/15, amended 6/16/15. 11. Reduced Plan Erosion and Sediment Control Notes and Details dated 6/5/15, amended 6/16/15. 12. Reduced Plan Storm Sewer and Utility dated 6/5/15, amended 6/16/15. 13. Reduced Plan Tree Canopy Coverage dated 6/5/15, amended 6/16/15. Planning Commission Glaccum Property — Planning Case 2015-16 July 7, 2015 Page 17 of 17 14. Reduced Plan Tree Inventory and Preservation dated 6/5/15, amended 6/16/15. 15. Reduced Plan Landscape and Reforestation dated 6/5/15, amended 6/16/15. 16. Reduced Plan Landscape Details dated 6/5/15, amended 6/16/15. 17. Public Hearing Notice and Affidavit of Mailing List. g1plan\2015 planning cases\2015-18 glaccum rezoning & subdivision with variances\staff report glaccum.doc CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Estate Development Corporation and Michael & Leah Glaccum for Rezoning and Subdivision approval with Variance. On July 7, 2015, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Estate Development Corporation and Michael & Leah Glaccum for rezoning of the property from Rural Residential, RR, to Single -Family Residential, RSF, and preliminary plat approval to create four lots and one outlot with a variance from the bluff setback requirement in that they propose to eliminate the bluff area on the property. The Planning Commission conducted a public hearing on the proposed rezoning, subdivision and variance 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 Rural Residential District (RR). 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is: Beginning at a point in the center of the Public Road 331 feet East of the Quarter Section corner between Sections 2 and 3, Township 116 North, Range 23 West of the 5th Principal Meridian; thence North along a North and South road 331.8 feet; thence East 402 feet to Gust Johnson's land; thence South 2 degrees 20 minutes West 332.2 feet to an East and West road; thence West along said road 385.5 feet to place of beginning, situated in the Southwest Quarter of the Northwest Quarter of Section 2, Township 116 North, Range 23 West, Carver County, Minnesota. 4. The Zoning Ordinance directs the Planning Commission to consider six (6) possible adverse affects of the proposed amendment. The six (6) affects and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan since the zoning is consistent with the land use designation of the property, utilizes existing infrastructure and provides housing opportunities. b. The proposed use is or will be compatible with the present and future land uses of the area, which are single-family detached houses. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance, subject to approval of the bluff setback variance. d. The proposed use will not tend to or actually depreciate the area in which it is proposed since the use is similar to surrounding uses. e. The proposed use can be accommodated with existing public services and will not overburden the city's service capacity since adequate infrastructure is available to the site. f Traffic generation by the proposed use is within capabilities of streets serving the property. 5. 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 the subdivision ordinance; e. The proposed subdivision will not cause significant 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. 6. Section 20-58 of the City Code provides the following criteria for the granting of a variance: a. Variances shall only be permitted when they are in harmony with the general purposes and intent of this Chapter and when the variances are consistent with the comprehensive plan. The proposed variance eliminates a small area of bluff on the site but preserves a larger natural area adjacent to the wetland at the bottom of the hill. b. There are practical difficulties in complying with the zoning ordinance, which include the fact that only a small area of the site is classified as bluff while the remainder of the steep sloped areas can be altered on either side of the bluff. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter. Development of the site for single-family homes is a reasonable use of the parcel. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. c. That the purpose of the variation is not based upon economic considerations alone, but permits the efficient and logical development of the site. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner since only a minor portion of the site is classified as bluff. e. The variance, if granted, will not alter the essential character of the locality, but would permit the development of homes similar to those in the development to the east, which extend in to the steep sloped areas surrounding the wetland. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter, which is not applicable to this development. The planning report #2015-18 dated July 7, 2015, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Rezoning, and Preliminary Plat with Variances subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this 7h day of July, 2015. CHANHASSEN PLANNING COMMISSION Its Chairman ricGcivcv COMMUNITY DEVELOPMENT DEPARTMENTPlanning — 7700 BoulevardI= II Mailing A dlressn P.O. Boxarket 147, Chanhassen, MN 5531 fv d01CITY OF CWHASSFN Phone: (952) 227-1300 / Fax: (952) 227-1110 uHANNA98ENP1ANNINaD APPLICATION FOR DEVELOPMENT REVIEW Submittal Date: 6/5/15 PC Date: 7/7/15 CC Date: 7/27/15 60 -Day Review Date: 8/4/15 apply)Section 1: Application Type (check all that (Refer to the appropriate Application Checklist for required submittal information that must accompany this application) ❑ Comprehensive Plan Amendment ......................... $600 ❑ Minor MUSA line for failing on-site sewers ..... $100 ❑ Conditional Use Permit (CUP) ❑ Single -Family Residence ................................ $325 ❑ All Others......................................................... $425 ❑ Interim Use Permit (IUP) ❑ In conjunction with Single -Family Residence.. $325 ❑ All Others......................................................... $425 ❑� Rezoning (REZ) $300 ❑ Planned Unit Development (PUD) .................. $750 ❑ Minor Amendment to existing PUD ................. $100 ❑✓ All Others......................................................... $500 ❑ Sign Plan Review...................................................$150 ❑ Final Plat ..........................................................$700 ❑ Site Plan Review (SPR) (Includes $450 escrow for attorney costs)` ❑ Administrative.................................................. $100 through the development contract. ❑ Commercial/Industrial Districts*......................$500 Vacation of Easements/Right-of-way (VAC)........ $300 Plus $10 per 1,000 square feet of building area: El Variance (VAR) .................................................... ( thousand square feet) ❑ Wetland Alteration Permit (WAP) Include number of existing employees: ❑ Single -Family Residence ............................... $150 Include number of new employees: $275 ❑ ❑ Residential Districts ......................................... $500 Zoning Ordinance Amendment (ZOA)................. $500 Plus $5 per dwelling unit (_ units) 0 Subdivision (SUB) NOTE: When multiple applications are processed concurrently the appropriate fee shall be charged for each application. ❑✓ Notification Sign (City to install and remove)...................................................................................................................... $200 ❑✓ Property Owners' List within 500' (City to generate after pre -application meeting) ...........................$129. ............. $3 per address ( 43 addresses) ❑� Escrow for Recording Documents (check all that apply) ..................................... ......... .......... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑r Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements ( easements) TOTAL FEE: $1,739.00 Section 2: Required Information Description of Proposal: Glaccum Property Preliminary Plat, Rezoning and Variance Property Address or Location: 1510 Lake Lucy Road Parcel #: 250022900 O Legal Description: See Separate Narrative Total Acreage: 3.12 Wetlands Present? ® Yes ❑ No Present Zoning: Rural Residential District (RR) Requested Zoning: Single -Family Residential District (RSF) Present Land Use Designation: Residential Low Density Requested Land Use Designation: Residential Low Density Existing Use of Property: 1 Single Family Residence w/ Accessory Structures ❑D Check box is separate narrative is attached. SCANNED ❑ Create 3 lots or less ........................................ $300 0 Create over 3 lots .......................$600 + $15 per lot ( 4 lots) ❑ Metes & Bounds (2 lots)..................................$300 ❑ Consolidate Lots..............................................$150 ❑ Lot Line Adjustment.........................................$150 ❑ Final Plat ..........................................................$700 (Includes $450 escrow for attorney costs)` 'Additional escrow may be required for other applications through the development contract. ❑ Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) El Variance (VAR) .................................................... $200 ❑ Wetland Alteration Permit (WAP) ❑ Single -Family Residence ............................... $150 ❑ All Others ....................................................... $275 ❑ Zoning Appeal ...................................................... $100 ❑ Zoning Ordinance Amendment (ZOA)................. $500 NOTE: When multiple applications are processed concurrently the appropriate fee shall be charged for each application. ❑✓ Notification Sign (City to install and remove)...................................................................................................................... $200 ❑✓ Property Owners' List within 500' (City to generate after pre -application meeting) ...........................$129. ............. $3 per address ( 43 addresses) ❑� Escrow for Recording Documents (check all that apply) ..................................... ......... .......... $50 per document ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement ❑ Vacation ❑r Variance ❑ Wetland Alteration Permit ❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements ( easements) TOTAL FEE: $1,739.00 Section 2: Required Information Description of Proposal: Glaccum Property Preliminary Plat, Rezoning and Variance Property Address or Location: 1510 Lake Lucy Road Parcel #: 250022900 O Legal Description: See Separate Narrative Total Acreage: 3.12 Wetlands Present? ® Yes ❑ No Present Zoning: Rural Residential District (RR) Requested Zoning: Single -Family Residential District (RSF) Present Land Use Designation: Residential Low Density Requested Land Use Designation: Residential Low Density Existing Use of Property: 1 Single Family Residence w/ Accessory Structures ❑D Check box is separate narrative is attached. SCANNED I Section 3: Property Owner and Applicant Information APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application or during the appeal period. If this application has not been signed by the property owner, I have attached separate documentation of full legal capacity to file the application. This application should be processed in my name and 1 am the party whom the City should contact regarding any matter pertaining to this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Estate Development Corporation Contact: Tom Gonyea Address: 15250 Wayzata Boulevard, Suite 101 Phone: (612) 990-0666 City/State/Zip: Wayzata, MN. 55391 Cell: Email: to landmn.com Fax: Signature: Date: 6/1/15 PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct. Name: Michael W & Leah R Glaccum Contact: Address: 6003 Coffer Woods Ct. Phone: City/State/Zip: Burke, VA. 22015 Cell: ! Z • 2-,A2 -7777 Email: G 7- (R C ob a,, --V-- ` t o Fax: 9S'z _ y 7 t( Signature:�� u7FTav e' &/4,2rZf dwV. Date: This application must be completed in full and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist and confer with the Planning Department to determine the specific ordinance and applicable procedural requirements and fees. 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. PROJECT ENGINEER (if applicable) Name: Alliant Engineering, Inc. Contact: Mark Rausch Address: 233 Park Ave. So. Suite 300 Phone: (612) 767-9339 City/State/Zip: Minneapolis, MN. 55415 Cell: Email: mrausch@alliant-inc.com Fax: (612) 758-3099 Section 4: Notification Information Who should receive copies of staff reports? 'Other Contact Information: ❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name: ❑v Applicant Via ❑ Email r Mailed Paper Copy Address: ❑� Engineer Via: ❑✓ Email ❑ Mailed Paper Copy City/State/Zip: ❑ Other' Via: 0 Email ❑ Mailed Paper Copy Email: PRELIMINARY SUBDIVISION AND REZONING SUBMITTAL NARRATIVE GLACCUM PROPERTY CHANHASSEN, MINNESOTA Amended June 16, 2015 SITE INFORMATION Legal Description: That part of the Southwest Quarter of the Northwest Quarter of Section 2, Township 116 North, Range 23 West, Carver County, Minnesota, described as follows: Commencing at the southwest corner of said Southwest Quarter of the Northwest Quarter; thence on an assumed bearing of South 88 degrees 03 minutes 48 seconds East along the south line of said Southwest Quarter of the Northwest Quarter a distance of 330.10 feet to the point of beginning; thence North 01 degrees 50 minutes 12 seconds East 331.80 feet to the intersection of the westerly extension of the south line of SHADOW RIDGE; thence South 88 degrees 03 minutes 48 seconds East 408.80 feet along the southerly line of SHADOW RIDGE Yd ADDITION and SHADOW RIDGE; thence South 01 degrees 21 minutes 04 seconds West 331.81 feet along SHADOW RIDGE and SHADOW RIDGE 2nd ADDITION to the South line of the Southwest Quarter of the Northwest Quarter; thence North 88 degrees 03 minutes 48 seconds West 411.61 to the point of beginning. Address: 1510 Lake Lucy Road, Chanhassen, MN PID: 250022900 PRELIMINARY SUBDIVISION AND REZONING REQUEST The proposed plan consists of a low density single family residential development with 4 single family homes lots. The proposed development will require rezoning the property from RR — Rural Residential District to RSF — Single Family Residential District. The proposed rezoning of the property from RR to RSF would provide a per acre unit density consistent with the City's Comprehensive Plan land use plan. EXISTING SITE DESCRIPTION The development site is 3.125 acres and is bound by Lake Lucy Road to the south, Yosemite Ave., to the west, Shadow Ridge 2nd Addition to the east and north. The property is currently used for Preliminary Subdivision and Rezoning Submittal June 16, 2015 Glaccum Property — Chanhassen, MN Page 1 of 6 one single family home with two accessory garage buildings. The existing residence driveway connects directly to Lake Lucy Road. The property has significant topography with a slope cutting from west to east through the property. The southern portion of the site is above the slope and the north half is on the low side. The higher elevation areas of the site primarily drain northerly over the existing slope to the lower half of the property. The lower north half of the property contains a wetland that is a portion of a larger wetland that extends northerly offsite. The lower area of the site and wetland is in landlocked drainage condition with the nearest overflow elevation roughly 13 feet above the wetland delineation elevation. The existing slope through the site is currently not very stable with several existing trees having fallen and uprooted. Approximately 78% of the useable site area is covered with tree canopy. The dominant tree species on the site is Box Elder with some Ash and Basswood, there are only a small amount of Oak, Elm or Maple. COMPREHENSIVE PLAN DESIGNATION The application area has a current and future Comprehensive Plan Land Use designation of Residential Low Density. The surrounding land use is also mostly Residential Low Density. The land directly north of the property has a land use of Parks Open Space and there is a portion of land south and west of the property that is Residential Large Lot. The Residential Low Density land use guides for single family housing density of 1.2 — 4.0 units per acre. The City has used an average of 2 units per acres for projection of land demand. The proposed development plan has a density of 2.16 units per net acre and so is consistent with the current and future Comprehensive Guide Plan land use for the property. ZONING CLASSIFICATION The property has a current zoning classification of RR — Rural Residential District. The properties to the north, south, and east of the development site are also zoned RSF — Single Family Residential District. The properties west of Yosemite Ave and southwest of the project site are zoned RR. The proposed development plan will require rezoning from RR to RSF — Single Family Residential District, which is consistent with adjacent developments and consistent with the current land use plan for the property. Preliminary Subdivision and Rezoning Submittal June 16, 2015 Glaccum Property — Chanhassen, MN Page 2 of 6 PROPOSED RESIDENTIAL PRELMINARY SUBDIVISION PLAN The applicant's intent is to create a 4 lot single family residential development that is enhanced by the proximity to the open space and wetland onsite and offsite to the north. The development plan is consistent with the existing developments directly to the east and south of the property and is considerate of market demands. The project also is consistent with the density requirements of the City's current and proposed land use plan. The homebuilder for the lots will be David Weekley Homes. David Weekley Homes is a privately owned homebuilder who has recently entered the Twin Cities market. This development would be there first project in the area. The following is a brief summary of primary project elements currently proposed: Primary Site Features • 4 Single family homes • Preservation of onsite wetland and wooded wetland buffer. • Outlot over the existing wetland that will be provided to the City after platting. • Wetland buffer creation in accordance with City requirements and establishment of a conservation easement beyond the City required wetland buffer. • Extension of public sanitary sewer to the west property boundary. • Granting additional Lake Lucy Road right of way and permanent dedication of Yosemite Ave and Lake Lucy Road right of way. • Creation of a safe 4 -legged intersection Lake Lucy Road and Lakeway Drive. • Removal of the existing deteriorating retaining wall adjacent to Lake Lucy Road. • Removal of an existing septic and drainfield improving water quality in the onsite wetland. • Installation of stormwater management facilities to provide volume control, water quality and rate control for runoff from the new roadway prior to discharging to the onsite wetland. • Enhanced development landscaping including tree planting along Lake Lucy Road and the east property line and within conservation area. Concept Plan Areas Gross Acreage 3.125 acres Wetland Area 0.444 acres (Exc. 0.006 ac within Yosemite Ave R/W) Conservation Easement 0.467 acres (Inc. 0.137 ac wetland buffer) Yosemite Ave and Lake Lucy Road R/W Dedication 0.599 acres Net Buildable Acreage Net Density 1.615 acres 2.48 units per acre Lot Dimensions Required Provided Width along R/W Standard Lot 90'(minimum) 90' Width at Front Setback Cul -De -Sac Lot 90'(minimum) 90' Comer Lot Width 90'(minimum) 100' Lot Depth 125'(minimum) 148' Lot Size Minimum 15,000 sf 16,068 sf Lot Area Average 19,889 sf (0.46 acres) Preliminary Subdivision and Rezoning Submittal June 16, 2015 Glaccum Property — Chanhassen, MN Page 3 of 6 Setbacks Side Setbacks 10' 10' Setback to Public Right of Way 30' 30' Front Setback 30' 30' Rear Setback 30' 30' Site Access and Pedestrian Circulation The proposed development will be create a new cul-de-sac connection to Lake Lucy Road in alignment with the existing Lakeway Drive to the south creating a 4 -legged intersection. Three of the proposed homes will be connected to the new cul-de-sac and the remaining home will have a driveway connection to Yosemite Avenue. The project is not proposing any new sidewalk internal to the project. The existing trail along Lake Lucy road will be removed and reconstructed within the project limits. Currently, the trail is located right on the back of the Lake Lucy Road curb but the proposed plan will shift it 2' back from the curb to be similar to the existing trail section to the east of the site. Gradine The site and slope will be regraded to develop the 4 home pad sites and cul-de-sac roadway. Per City requirement all proposed graded slopes will not exceed 3 horizontal to 1 vertical. Sanitary Sewer and Watermain The project will connect to public sanitary sewer in Lakeway Drive. The trunk sewer will be extended to the north to the new cul-de-sac via directional drilling to avoid disturbance to Lakeway Drive and Lake Lucy Road. The trunk sewer will also be extended to the west property limit along the north side of Lake Lucy Road right of way to service the proposed westerly lot and for future development west of the site. The site will connect to public watermain in the Lake Lucy Road. A trunk watermain will be extended northerly into the new cul-de-sac to provide service to three lots. The fourth lot will require an individual service connection to the trunk watermain in Lake Lucy Road. Stormwater Management The development is located within the Minnehaha Creek Watershed District, however, the City of Chanhassen and the City's Surface Water Management Plan provides governmental jurisdiction. The proposed development's stormwater management plan does provide the required volume control, water quality, and peak rate control. The development will provide stormwater management via an underground infiltration storage pipe and conservation of pervious area. Preliminary Subdivision and Rezoning Submittal June 16, 2015 Glaccum Properly — Chanhassen, MN Page 4 of 6 Runoff from the new cul-de-sac will be captured and pretreated in a sump manhole prior to discharging into a perforated infiltration pipe. The underground storage pipe and conserved pervious area will provide volume control equivalent to 1" of runoff over the proposed additional impervious surface. In larger events the pipe will discharge to the wetland onsite. The onsite wetland has been delineated by Kjolhaug Environmental Services Company. The wetland is classified by the City as a Manage 2, requiring a 20' wide buffer and a 30' building setback to the buffer. The wetland is part of a regional landlocked low area so a back to back 100 year flood analysis was completed to verify there are no flooding concerns. The natural overflow to the wetland is towards the SW and is roughly 13' above the wetland delineation at an elevation of 1012.5, however, the back to back 100 year flood level is only around 1003. The lowest floor proposed on the project is 1013 or 6" above the natural overflow so there is no flooding concern for the proposed homes. Tree Preservation The estimated baseline tree canopy coverage for the existing site is 78% of the net area (excluding perimeter right of way dedication and wetland areas). Per the City code, low density residential is then allowed to remove to a limit of 46% tree canopy prior to requirement of mitigation. The development plan proposes to maintain tree canopy coverage of 20% and thus tree replacement of 26 trees is required. A total of 27 trees are proposed to be replanted per City regulations. A conservation easement of 0.467 acres in size is proposed immediately adjacent to the wetland and along the north plat boundary line. The conservation easement will cover the area of wetland buffer and additional area upland of the required wetland buffer. The conservation area will remain primarily undisturbed with a small impacts needed to install a storm sewer outlet and blend proposed and existing grades. Disturbed areas will be restored and replanted with native tree species. Landscanin¢ The landscape plan for the project will include boulevard trees within the 4 new lots. The required mitigation trees have been proposed along Lake Lucy Road, along the project's east boundary adjacent to existing homes and in the conservation easement area. The proposed trees are a mix of deciduous, coniferous, and ornamental. Since Lake Lucy is defined as a collector road, the development is required to create buffering landscape along that frontage. Enhanced buffer landscaping including shrub and ornamental tree plantings have been proposed along Lake Lucy Road. The proposed single family yards will be vegetated with typical residential turf grass and the wetland buffer area will be vegetated with wetland buffer seed mix. Disturbed areas will be restored with native vegetation. I II T i1►Cei/ 916-7.1tafil Preliminary Subdivision and Rezoning Submittal June 16, 2015 Glaccum Property — Chanhassen, MN Page 5 of 6 If the City approves the preliminary subdivision and rezoning request, it is the Applicant's desire to proceed immediately with application for final review in hopes for possible construction in Fall 2015. CONCLUSION The applicant respectfully concludes that the request for a rezoning and preliminary subdivision approval will allow for a development consistent with City Goals and Objectives for this area. A rezoning to a RSF will allow for a single family subdivision consistent with the adjacent land uses surrounding the property and provides for density goals of the area. Preliminary Subdivision and Rezoning Submittal June 16, 2015 Glaccum Property — Chanhassen, MN Page 6 of 6 VARIANCE REQUEST SUBMITTAL NARRATIVE GLACCUM PROPERTY CHANHASSEN, MINNESOTA Amended June 16, 2015 SITE INFORMATION Legal Description: Beginning at a point in the center of the Public Road 331 feet East of the Quarter Section corner between Sections 2 and 3, Township 116 North, Range 23 West of the 5th Principal Meridian; thence North along a North and South road 331.8 feet; thence East 402 feet to Gust Johnson's land; thence South 2 degrees 20 minutes West 332.2 feet to an East and West road; thence West along said road 385.5 feet to place of beginning, situated in the Southwest Quarter of the Northwest Quarter of Section 2, Township 116 North, Range 23 West, Carver County, Minnesota. Address: 1510 Lake Lucy Road, Chanhassen, MN PID: 250022900 VARIANCE REQUEST The proposed request for variance from City Code is for permission to regrade an existing sloped area that currently meets criteria of a bluff per City Ordinance. The Ordinance states that to be classified as bluff it must have three characteristics, see the following City Code definitions. Bluff means a natural topographic feature such as a hill, cliff or embankment having the following characteristics: 1. The slope rises at least 25 feet above the toe of the bluff; and 2. The grade of the slope from the toe of the bluff to a point 25 feet or more above the toe of the bluff averages 30 percent or greater; and 3. An area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff. (20) Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff. (20) Bluff, side ofineans a point at which both conditions for a "bluff' no longer exist. The side of the bluff is delineated by a line connecting the top and toe of a bluff at a location in which the slope of the bluff is less than 30 percent or the change in elevation becomes smaller than 25 feet. (20) Variance Request June 16, 2015 Glaccum Property — Chanhassen, MN Page 1 of 5 Bluff, toe ofineans the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from flatter to steeper slope above. If no break in the slope is apparent, the toe of the bluff shall be determined to be the lower end of a 50 -foot segment, measured on the ground, with an average slope exceeding 18 percent. (20) Bluff, top ofineans the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above. If no break in the slope is apparent, the top of the bluff shall be determined to be the upper end of a 50 -foot segment, measured on the ground, with an average slope exceeding 18 percent. (20) Exhibit 1 shows the existing conditions of the property and highlights the portion of slope that meets all three of the characteristics necessary to be qualified as bluff. The variance if granted would allow for a regrade of the area above the bluff reducing the overall height of the slope to less than 25' and eliminating it from bluff classification. Removal of the bluff classification would allow for a site that could be fully graded and developed. VARIANCE BENEFITS Granting the requested variance to City Code would provide several public community and City of Chanhassen benefits. Benefits to Existing Conditions 1. Removal of the existing limestone retaining wall located along the north side of Lake Lucy Road, (see Exhibit 2). • The existing elevation difference and need for the retaining wall between the subject property and roadway was due to the previous construction of Lake Lucy Road. • The wall reaches a maximum height of 8' is only 10' back from the edge of roadway. The wall is old and been inplace for a significant length of time. The wall will have to be replaced by the City at some time in the future if the road is widened or if the wall conditions deteriorate further. 2. Regrading to lower the existing grades and removing the wall along the north side of the Lake Lucy Road's boulevard will improve the sightline distance to the east for the intersection at Lake Lucy Road and Yosemite Ave. • The existing elevations are much higher along the north side of Lake Lucy Road (reason for the existing retaining wall) and that differential creates a sightline obstruction to the east for drivers at Yosemite Ave. • The existing area above the retaining wall is also covered with heavy vegetation adding additional sightline obstruction. • The existing sightline obstruction is especially dangerous in this location because Lake Lucy Road is climbing in significant elevation to the east (14' vertical feet higher only 300' east at Lakeway Drive). The significance of the existing crest curve adds importance to providing adequate sight distance to drivers at Yosemite Ave. Variance Request June 16, 2015 Glaccum Property — Chanhassen, MN Page 2 of 5 3. Removal of the existing residence's septic tank, outlet drainpipe and drainfield will provide water quality benefit to the existing wetland. The septic system removal will require disturbance of the slope currently classified as bluff. • The existing drainfield is located close to the existing wetland at approximately 60 feet and thus its removal will add water quality benefit to the wetland. • The septic tank is located on the north side of the existing home within area that is in bluff impact zone. Removal of the tank would require grading in the bluff impact zone and into the top of the slope. • The drainpipe from the septic tank to the drainfield is routed down the slope north to the drainfield at the base of the slope. Removal of the outlet pipe would require grading in the bluff slope. • It would be difficult to restore the existing bluff to a stable condition after disturbing it to remove the septic outlet pipe. An additional non -benefit note; the removal of the existing home (built in 1910) will require disturbance of the bluff impact zone and likely into the top of the slope currently classified as bluff. The home was built only 8' from the top of the slope in the bluff area. Benefits of the Proposed Plan 1. The proposed plan would create a 0.444 acre outlot over the existing wetland and provide that outlot to the City after final platting, (see Exhibit 3). • Transferring the outlot ownership to the City would put the wetland into the City's full control in a more defined manner than a conservation easement. • The property directly to the north of the proposed outlot is covered by wetland and is currently in an Outlot owned by the City. • The new outlot would put the entire landlocked wetland complex on the east side of Yosemite Ave in outlots owned by the City. 2. The proposed plan would dedicate conservation easement over a 0.467 acre area that would cover the proposed 20' wide wetland buffer, area upland of the buffer and area along the north plat boundary. • The proposed wetland buffer is 0.137 acres of the conservation easement resulting in 0.33 acres of natural buffer area provided in excess of City requirements. • The 0.33 acres represents 10.6% of the gross plat area or 17.0% of the net buildable area (prior to the conservation area deduction). • The conservation easement would include a 30' wide strip of land along the north plat boundary providing buffering to the property to the north. 3. Extension of public sanitary sewer to the development's west property boundary benefiting the City and the property owners to the west of the proposed development. • The sewer would be extended north from an existing manhole in Lakeway Drive and then west along the north right of way line of Lake Lucy to the western limits of the property. Variance Request June 16, 2015 Glaccum Property — Chanhassen, MN Page 3 of 5 The sewer alignment would require significant excavation depths of close to 20' in the north boulevard of Lake Lucy Road and above the bluff area. The sewer would be extended north from Lakeway Drive via directional drilling to avoid disturbance to Lakeway Drive and the intersection at Lake Lucy Road. 4. Safety of a cul-de-sac connection to Lake Lucy Road aligning with Lakeway Drive to the South. • The street connection to Lake Lucy Drive will align with Lakeway Drive to south to create a 4 -legged intersection. • The cul-de-sac option is designed to City standards with street lighting to provide a safe vehicle connection to Lake Lucy Road and good vehicular access. • The cul-de-sac intersection will be located at the crest of Lake Lucy Road resulting in improved sight distance. 5. The cul-de-sac design provides the flexibility for a future driveway connection to the existing property located east of the development along Lake Lucy Drive. • The existing property east of the development site has a horseshoe style driveway that currently has two accesses to Lake Lucy Drive. 6. The removal of the existing septic system drainfield will provide water quality benefit to the wetland. • The drainfield is located in the lower portion of the site at the base of the slope and within 70' to the existing wetland. 7. The proposed plan would dedicate 7' of additional public right of way for the north half of Lake Lucy Road. • The north half of Lake Lucy Road currently falls within a 33' wide roadway easement within the property. • The proposed project would increase the public right of way width to 40'. 8. The proposed plan would result in permanent platting of public right of way for Yosemite Ave and Lake Lucy Road. • The current property boundary goes to the centerline of each roadway with both roads currently confined within roadway easements. • The project if approved would provide dedication and platting of 33' of right of way for the east half of Yosemite Ave and 40' of right of way for the north half of Lake Lucy Road. 9. Development and regrading of the slope will result in a stable and vegetated slope that will provide additional wetland protection. • The existing slope is not stable in its current state. • There is evidence of soil erosion and there are multiple trees that have fallen and uprooted. Variance Request June 16, 2015 Glaccum Property — Chanhassen, MN Page 4 of 5 It is evident that in its current state trees are not allowed to grow long before uprooting causing long term slope stability issues. 10. The trees on the existing slope consist of primarily of box elder with several ash trees. It has been beneficial in some communities to remove ash trees to slow propagation of the Emerald Ash Borer. CONCLUSION The applicant respectfully concludes that the requested variance to grade and remove a bluff classification will provide substantial benefit to the public community and the City of Chanhassen beyond what maintaining the existing slope would provide. Variance Request June 16, 2015 Glaccum Property — Chanhassen, MN Page 5 of 5 1008 08 / BK J033 24 100988g� K X102i01'I' / IDIP P4�' TPS Ilf / 63,62 1036.62 PS 6K 35 4 ,TPS / 1014 75 6 TOP OF SLOPE Be102047 TPS I � / s9a.3Io TOE OF SLOPE aK,�1036,69 P6 16 Tos ��TOS P 'y100 23\ .'M.' , 91%6'7 ITP5 50 K _ .X101778 1037.81 LOPE MEETING CITY ; Ps 0444 XTos CODE BLUFF CRITERIA 2z o 567 'TP G p1, 019-20 T°Ia SL EIS OT XTos" 035.55 ATPS 25' N, F(E HT " 111�`..' 101 3�C414,t(�?0.A3 P ER TOE OP 5 0I2i7�01s53 _ 1037 03. B 9 28 o -X1017 07 Xi.0I7_ 4s X1018.64 i'tu2o 59 rPs G�1'. to n3 -841`201` / , F 1025 09 - I _ 9 I (02920XTP W X01 1� 1036. 39" 4 w 10.03 B TPS �sroar" W B TPS a^g (>a woao 1 I _ l i 3s — V BLUFF 14AgT ZONE LUFF ST�ZtI TIJRIE SETBACK- - � � I –�-- - – g' LAKE LUCY ROAD v. < — w w N / I / / 0 30 60 120 SCALE IN FEET m Op dey: 21600dU Mm EXHIBIT 1 Alllant Engineering, Inc. VARIANCE REQUEST 233 Park Ave S. Ste 300 o+sn a.e Cleclmdbp Mmneapoos, MN 55415 Mm LOCATION MAP 612.7583080 MAN are. Dwam 9y: a 612.7583099 FA% 6110115 Fu CHANHASSEN, MINNESOTA �.a111ant-Inc.com j REMOVE -0" r r l _ EXISTING 9J3-AINFIELD / AND PIPE JO BE EXISTING RETAINING WALL TO BE REMOVED INTERSECTION SIGHTLINE IMPROVEMENT TO EAST (POST REGRADE AND RETAINING WALL REMOVAL) 7ELi--l0,32_ • �® LLAKE LUCY ROAD CREST 0 30 60 120 SCALE IN FEET M�piSC0.!D V�tl vMpa EXHIBIT 2 Alliant Engineering, Inc VARIANCE BENEFITS aN 233PaAve S5te 300 wpOMN..t�ecxedey. Minneapp olis, MN 55415 °°"6^"da" MPOEXISTING CONDITIONS 612.758.3080 MAIN pme. �By,_ 612.758.3099 FAX 61+6/+5 cu. CHANHASSEN, MINNESOTA www.ailiant-inc.co. REMOVE -0" , w f 1 a t rsr O FRM ' ,LAKE ;' LUCY ROAD El\- 101 `o ,o "o EXISTING RETAINING WALL TO BE REMOVED INTERSECTION SIGHTLINE IMPROVEMENT TO EAST (POST REGRADE AND RETAINING WALL REMOVAL) 7ELi--l0,32_ • �® LLAKE LUCY ROAD CREST 0 30 60 120 SCALE IN FEET M�piSC0.!D V�tl vMpa EXHIBIT 2 Alliant Engineering, Inc VARIANCE BENEFITS aN 233PaAve S5te 300 wpOMN..t�ecxedey. Minneapp olis, MN 55415 °°"6^"da" MPOEXISTING CONDITIONS 612.758.3080 MAIN pme. �By,_ 612.758.3099 FAX 61+6/+5 cu. CHANHASSEN, MINNESOTA www.ailiant-inc.co. WETLAND OUTLOT CONSERVATION EASEMENT (TO GO TO CITY) r , (0.467 AC) (0.444 AC) I � 1 O T O "I 3w Ji \ wp > �' > F— 01 ' p w 1 0 -i U �I �` I m z N 00 _ v)Z 33' ► _� ----toe 0 � AKE LUCY ROAD i37 - PROPOSED SANITARY ��W SEWER EXTENSION y R/W DEDICATION 33' & 40' PLATTED R/W I (0.599 AC) II 0 30 60 120 SCALE IN FEET De Fla Damp Rw 215-mx, M%1 EXHIBIT 3 Alllant Engineering, Inc I` 233 Park S. Ste 300 D„;nme. crania»- VARIANCE BENEFITS 233PMinneark AveAvlis, S. to 30 15 "°"°"° wts"°8 WR PROPOSED CONDITIONS 612.758.3080 MAIN Dmat a . 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Engelhardt, being first duly sworn, on oath deposes that she is and was on June 25, 2015, 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 Glaccum Property — Planning Case 2015-18 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 thi ay of Z r. e . 2015. Notary Pu K n J. Eng h dt, Depu Clerk IM T. 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