PC Staff Report - updatedCITY OF CHANHASSEN
PC DATE: July 19, 2016
CC DATE: July 25, 2016
REVIEW DEADLINE: August 16, 2016
CASE #: 2016-19
BY: RG, TJ, ML, JM, JS, SS
SUMMARY OF REQUEST: Subdivision of the propert y back in to three lots.
LOCATION: 6681 Amberwood Lane (Lots 14, 15 & 16 Block 1, Pinehurst 2nd Addition)
APPLICANT: Kroiss Development, Inc. OWNER: Mike & Deb Anderson
2145 Wynsong Lane 5105 Weeks Road
Chanhassen, MN 55317 Excelsior, MN 55331
(612) 590-8099
todd.simning@kroissdevelopment.com
PRESENT ZONING: Single-Family Residential, RSF
2020 LAND USE PLAN: Residential Low Density (1.2 – 4.0 units per net acre)
ACREAGE: 2.15 acres DENSITY: 1.4 units per net acre
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city’s discretion in approving or
denying a Preliminary Plat is limited to
whether or not the proposed plat meets the
standards outlined in the Subdivision
Regulations and Zoning Ordinance. If it
meets these standards, the city must
approve the preliminary plat. This is a
quasi-judicial decision.
Notice of this public hearing has been
mailed to all property owners within 500
feet.
PROPOSAL/SUMMARY
The applicant is requesting the replatting of
the property into three lots. These lots are accessed via a private street approved with the
previous subdivision.
PROPOSED MOTION:
“The Chanhassen Planning Commission recommends that City Council approve the preliminary
plat for Pinehurst 2nd Addition subject to the conditions of approval and adopts the Findings of
Fact and Recommendation.”
Planning Commission
Pinehurst 2nd Addition, Subdivision – Planning Case 2016-19
July 19, 2016
Page 2 of 6
APPLICABLE REGULATIONS
Chapter 18, Subdivisions
Chapter 20, Article XII, “RSF” Single-Family Residential District
Section 20-903, Zoning Lots
(a) The designation of a zoning lot shall be approved by the city planner if it complies
with the lot requirements of the district in which it is located and has a single tax
identification number.
(b) Interior lot lines within a zoning lot shall be disregarded in applying setbacks and
other zoning ordinance standards.
(c) After designation of a zoning lot the lot may not be subdivided without complying
with the city's subdivision regulations.
BACKGROUND
The easterly 13.5 acres of the property was subdivided into two lots as part of the Old Slocum
Tree Farm Addition on April 6, 1987, with lot areas of 4 and 9.5 acres. The rear 14.12 acres
were required to be attached to Lot 2, Block 1, Old Slocum Tree Farm as a condition of the plat
approval. At that time, the property was zoned R1a, Agricultural residence.
On January 10, 2005, the Chanhassen City Council approved the following:
Rezoning of the 27.62 acres located within the Pinehurst subdivision from Rural
Residential (RR) to Single-Family Residential (RSF);
And
Preliminary plat for Pinehurst Addition with a variance for the use of private streets.
On March 14, 2005, the Chanhassen City Council approved the Final Plat for Pinehurst Addition
creating 43 lots, 2 outlots and associated right-of-way for public streets.
On February 27, 2006, the Chanhassen City Council approved the preliminary plat and final plat
creating 41 lots and one outlot with variances for the use of two private streets, for Pinehurst 2nd
Addition, which replatted all of Pinehurst Addition.
On September 5, 2008, Lots 14, 15 and 16, Block 1, Pinehurst 2nd Addition were designated as a
zoning lot.
In June 2016, staff inspected the site and observed that the pool had been removed and the site
revegetated.
Planning Commission
Pinehurst 2nd Addition, Subdivision – Planning Case 2016-19
July 19, 2016
Page 3 of 6
SUBDIVISION REVIEW
Due to the designation of the three lots as a zoning lot, the property owners must proceed
through the subdivision process to recreate the three lots. The applicant is proposing replatting
the property in the same configuration as before. No zoning ordinance changes have been made
that would impact the lot configuration.
An approved landscape plan for the Pinehurst development identifies trees to be planted on Lots
15 and 16. Staff recommends that the landscape plan specifications be met for each lot included
in the proposal as well as Lot 17.
EASEMENTS
Perimeter drainage and utility easements were granted around Lots 14-16, Block 1 with the original
plat and these are still in place. Additional drainage and utility easements were granted over the
Emergency Overflow (EOF) on Lot 15 and the natural gas line on Lot 16, as well as the back of
Lots 15 and 16. All existing easements shall remain in place.
GRADING AND DRAINAGE
Lot 14 is expected to keep the existing grading and drainage configuration. Lots 15 and 16 will be
regraded and homes built upon the lots. The majority of those lots drain to the southwest toward the
retaining wall that was constructed with the Pinehurst improvements. The area north of the
landscaping feature along Amberwood Lane drains to the street and into the existing catch basins.
Lots 15 and 16 shall follow the approved grading plan for Pinehurst 2nd Addition.
An existing storm sewer lies on the west side of proposed Lot 15. This storm sewer provides no
public benefit, so shall owned and maintained by the property owner of Lot 15, Block 1.
ACCESS
The landscaping along Amberwood Lane must be partially removed to facilitate driveway access to
Lots 15 and 16, Block 1. Landscaping must also be moved or removed to prevent landscaping
features from crossing lot lines.
RETAINING WALLS
The Building Permit Surveys received from the applicant show the intent to remove the landscape
retaining walls less than 4 feet tall on Lots 15 and 16. The building permit surveys also show the
intent to a 9-foot tall retaining wall on Lot 15 to facilitate the construction of a pool and a three-foot
tall retaining wall on Lot 16. The applicant must be aware that any retaining wall over four feet in
height must be designed by a registered professional engineer. The applicant is required to obtain
Planning Commission
Pinehurst 2nd Addition, Subdivision – Planning Case 2016-19
July 19, 2016
Page 4 of 6
all necessary permits for construction of walls and will be required to submit to the standard review
process and fees in place at the time of permit.
Per the HOA Covenant for Pinehurst, retaining walls are the maintenance obligation of the
homeowner; however, the HOA has a right to maintain all retaining walls within the Pinehurst
development. Maintenance of the retaining walls that cross the property lines shall be handled
between the property owners and the HOA. The city does not have the responsibility to maintain
these retaining walls on private property.
SANITARY SEWER AND WATERMAIN
Sanitary sewer and water main were constructed under Amberwood Lane as part of the original
Pinehurst development. Partial hook-up fees were not collected at the time of the original plat;
therefore, partial hook-up fees are due with the recording of the final plat at the rate in effect at that
time. The remaining water and sanitary hook-up fees will be due with the building permits for Lots
15 and 16, Block 1. The fees will be assessed at the rate in effect at that time.
COMPLIANCE TABLE
Area (sq. ft.) Width (ft.) Depth (ft.) Notes
Code 15,000 100@ 125
Lot 14 30,168 (net) 217 208 3,834 sq. ft. of
lot excluded in
private street.
Lot 15 29,826 (net) 138 189 3,864 sq. ft. of
lot excluded in
private street.
Lot 16 23,943 (net) 100 216 2,087 sq. ft. of
lot excluded in
private street.
Total 83,939 (1.93 ac.) 93,724 sq. ft.
(2.15 ac.) gross
@ Lots served via a private street must have a minimum of 100-foot lot width.
Setbacks: Minimum 20-foot setback from the edge of the private street. Side – 10 ft., Rear –
30 ft., Wetland – 40 ft. from wetland buffer (16.5 – 20 ft.).
RECOMMENDATION
Staff recommends that the Planning Commission approve the three-lot subdivision replatting
Pinehurst 2nd Addition subject to the following conditions:
1. Provide a 1:200 “clean” plat drawing.
Planning Commission
Pinehurst 2nd Addition, Subdivision – Planning Case 2016-19
July 19, 2016
Page 5 of 6
2. Demolition permits are required for the removal of any existing structures.
3. Buildings may be required to be designed by an architect and/or engineer as determined by
the Building Official.
4. A final grading plan and soils report must be submitted to the Inspections Division before
building permits can be issued. Foundation soils will be evaluated at tine of excavation.
Professional investigation and correction may be required.
5. Retaining walls over four feet high require a permit and must be designed by a professional
engineer.
6. Each lot must be provided with separate sewer and water services.
7. The applicant and or their agent shall meet with the Inspections Division as early as possible
to discuss plan review and permit procedures.
8. Lot 15 shall be required to have three trees planted in the front yard.
9. Lot 16 shall be required to have two trees planted in the front yard.
10. All existing easements shall remain in place.
11. Construction on Lots 15 and 16 shall follow the approved grading plan for Pinehurst 2nd
when applying for building permits.
12. Existing storm sewer on the west side of proposed Lot 15, Block 1 shall be owned and
maintained by the property owner.
13. The landscaping along Amberwood Lane must be partially removed to facilitate driveway
access to Lots 15 and 16, Block 1 prior to issuing a building permit.
14. Landscaping must be moved or removed to prevent landscaping features from crossing lot
lines prior to recording the final plat.
15. The applicant is required to obtain all necessary permits for construction of retaining walls,
and will be required to submit to the standard review process and fees in place at the time of
permit.
16. The City does not have the responsibility to maintain retaining walls on private property.
17. Partial hook-up fees are due with the recording final plat at the rate in effect at that time.
18. The remaining water and sanitary hook-up fees will be due with the building permit. The
fees will be assessed at the rate in effect at that time.
Planning Commission
Pinehurst 2nd Addition, Subdivision – Planning Case 2016-19
July 19, 2016
Page 6 of 6
ATTACHMENTS
1. Findings of Fact and Recommendation
2. Development Review Application
3. Subdivision Plan of Lots 14, 15, and 16, Block 1, Pinehurst 2nd Addition
4. Building Permit Survey Lot 15
5. Building Permit Survey Lot 16
6. Public Hearing Notice and Mailing List