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CC Staff Report 11-9-20CITY COUNCIL STAFF REPORT Monday,November 9,2020 Subject Approve Preliminary and Final Plat,Development Contract,and Construction Plans and Specifications for a Subdivision Creating Three Lots Berrospid Addition)with a Variance for the Use of a Private Street on Property Located at 7406 Frontier Trail Section NEW BUSINESS Item No:H.2. Prepared By Bob Generous,Senior Planner File No: PROPOSED MOTION Chanhassen City Council approves: 1.The preliminary and final plat for a three-lot subdivision with a variance for the use of a flag lot and private street subject to the conditions of the staff report 2.Development Contract for Berrospid Addition and 3.The construction plans for the development, and Adopts the Planning Commission's Findings of Fact. Approval requires a Simple Majority Vote of members present. SUMMARY The applicant is requesting subdivision approval with a variance for the use of a flag lot and private street for a three- lot,single-family residential development. BACKGROUND Auditors Subdivision No.2 was platted on August 24,1939.In 1968,a portion of the parcel was separated from the original lot Subdivision 68-1).The house on the lot was built in 1969. DISCUSSION The proposed subdivision complies with all requirements of City Code. The Planning Commission held a public hearing on October 20,2020 to review the proposed development.The Commission voted 6-1 to approve a motion recommending approval of the proposed subdivision subject to the conditions of the staff report.The Planning Commission minutes for October 20,2020 are included in the November 9,2020,City Council consent agenda. CITY COUNCIL STAFFREPORTMonday,November 9,2020SubjectApprovePreliminary and Final Plat,Development Contract,and Construction PlansandSpecificationsforaSubdivisionCreatingThreeLotsBerrospidAddition)with a Variance fortheUseofaPrivateStreetonPropertyLocatedat7406FrontierTrailSectionNEWBUSINESSItemNo:H.2.Prepared By Bob Generous,Senior Planner File No:PROPOSEDMOTIONChanhassenCityCouncil approves:1.The preliminary and final plat for a three-lot subdivision with a variance for the use of a flag lot andprivatestreetsubjecttotheconditionsofthestaffreport2.Development Contract for BerrospidAdditionand3.The construction plans for thedevelopment,and Adopts the Planning Commission's Findings ofFact.Approval requires a Simple Majority Vote of memberspresent.SUMMARYThe applicant is requesting subdivision approval with a variance for the use of a flag lot and private street for athree-lot,single-family residentialdevelopment.BACKGROUNDAuditors Subdivision No.2 was platted on August 24,1939.In 1968,a portion of the parcel was separatedfromtheoriginallotSubdivision68-1).The house on the lot was built in1969.DISCUSSIONThe proposed subdivision complies with all requirements of CityCode.The Planning Commission held a public hearing on October 20,2020 to review the proposeddevelopment.TheCommission voted 6-1 to approve a motion recommending approval of the proposed subdivision subject to the conditions of the staff report.The Planning Commission minutes for October 20,2020 are included in the November 9,2020,City Council consent agenda.The one vote against the motion was due to a concern for the tree removal on the property.A Commissioner asked whether the most westerly lot could be further subdivided.While it may be technically feasible from a zoning standpoint,it would be problematic to create a driveway from the east and meet the 10 percent maximum slope requirements,and it would require a variance to extend the private street.A lot that accessed via Del Rio Drive would make a better subdivision and create a walkout home lot,but would require the neighbor to sell part of their lot to allow access to the street.Additionally,any subdivision would need to accommodate the water runoff that crosses through the center of the westerly portion of the property.Finally,stormwater runoff would need to be treated as part of the development.Staff did receive a few comments from the neighbors.Those comments and the staff's response can be found in the attached Phone and Email Log. RECOMMENDATION Staff recommends that City Council approve the subdivision with a variance for the use of a flag lot and private street subject to the conditions in the staff report,and adopts the Findings of Fact. ATTACHMENTS:Staff Report Findings of Fact and Recommendation Development Review Application Preliminary Plat Site Development Plans Revised Sheet 9 Affidavit of Mailing Phone and Email Log Planning Commission Verbatim Minutes dated October 20, CITY OF CHANHASSEN PC DATE: October 20, 2020 CC DATE: November 9, 2020 REVIEW DEADLINE: October 15, 2019 CASE #: 2019-13 BY: RG, EH, TH, DN, JS SUMMARY OF REQUEST: The applicant is requesting subdivision approval with a variance for the use of a flag lot and private street for a three-lot single-family residential development. LOCATION: 7406 Frontier Trail Lot 19, Auditor’s Subdivision No. 2 APPLICANT: Luis Berrospid 7406 Frontier Trail Chanhassen, MN 55317 PRESENT ZONING: Single-Family Residential District, RSF 2020 LAND USE PLAN: Residential Low Density (net density 1.2 – 4 units per acre) ACREAGE: 2.02 acres DENSITY: 1.53 units per 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. The city’s discretion in approving or denying a variance in conjunction with a subdivision is limited to whether or not the proposed project meets the standards in the Subdivision Ordinance for a variance. The city has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is requesting subdivision approval to create a three-lot plat with a variance for the use of a flag lot and private street. PROPOSED MOTION: The Chanhassen Planning Commission recommends that City Council approve a three-lot subdivision with a variance for the use of a flag lot and private street subject to the conditions of the staff report and adopts the Findings of Fact and Recommendation.” 7406 Frontier Trail October 20, 2020 Page 2 SITE CONSTRAINTS Wetland Protection There is no wetland located on the property. Bluff Protection There are no bluffs on the property. Shoreland Management The property is located within a shoreland overlay district for Lotus Lake. Floodplain Overlay This property is not within a federally designated floodplain APPLICABLE REGULATIONS Chapter 18, Subdivisions Chapter 20, Article XII, “RSF” Single-Family Residential District 7406 Frontier Trail October 20, 2020 Page 3 BACKGROUND Auditors Subdivision No. 2 was platted on August 24, 1939. In 1968, a portion of the parcel was separated from the original lot (Subdivision 68-1). The house on the lot was built in 1969. STREETS Access to the property will be via private street which connects to Frontier Trail, a local public street. The property being proposed to be subdivided (7406 Frontier Trail) is currently served by a private driveway that encroaches onto the northern-abutting property (7404 Frontier Trail). The applicant is proposing to remove the driveway and its current encumbrance onto the property to the north, and construct a private street to serve all three lots. Staff finds that the use of a private street is in accordance with city’s Code of Ordinances (Ordinances), Sec. 18-57. The developer will be required to adhere to all private street standards and regulations as addressed in the Ordinances, the city’s Standard Specifications and Details, and install all traffic control that is consistent with the current version of the Minnesota Manual on Uniform Traffic Control Devices. As the proposed development will have common sections of the private street that will serve two units or more with a density of less than four units per acre, the private street shall be built to a seven-ton design, paved to be a width of 20 feet, utilize a maximum grade of ten percent, and provide a turnaround area acceptable to the fire marshal based upon guidelines provided by applicable fire codes and Ordinances. While the applicant has provided private street details and cross-sections, calculations based on in-situ soil types or the designated approved subgrade shall be supplied by a registered engineer supporting the 7-ton street design. It is recommended that a Homeowners Association be formed and the declarations address the maintenance responsibilities and associated costs of repairs for the private street. As the private street is not within an Outlot, private access agreements will need to be recorded to grant Lots 1 and 2 the right for ingress/egress. Lastly, review of the required dead-end fire apparatus road turnaround found that the modified hammerhead approach would not allow for a proper turning movement of the Fire Department’s design vehicle (Engine #1). The applicant shall update the turnaround design to allow for proper turning movements, and provide the city updated plans for review and approval. All other Fire Department comments and conditions associated with the private street shall be adhered to. Private streets serving up to four lots may be permitted in residential developments with a density of less than four units per acre if the criteria in variance Section 18-22 are met and upon consideration of the following: 1) The prevailing development pattern makes it unfeasible or inappropriate to constrict a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. 7406 Frontier Trail October 20, 2020 Page 4 2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the Comprehensive Plan. 3) The use of a private street will permit enhanced protection of the city's natural resources including wetlands and forested areas. The use of the private street meets the criteria specified in City Code since it is not necessary to provide access to adjacent properties, would create an excessive amount of hardcover with minimal public benefit and would require even more environmental impacts. EASEMENTS AND RIGHT-OF-WAY The applicant is proposing mostly typical public drainage and utility easements (D&U) along the proposed subdivision’s lot lines. However, due to existing and proposed public utilities, the applicant has provided additional D&U on Lot 3 of the proposed subdivision. A 10’ D&U on the west lot line of Lot 3 was added to accommodate the proper maintenance and repair of an existing 6” cast iron water main, along with a 15’ wide D&U over the proposed 21” reinforced concrete stormwater conveyance system near the northeast corner of Lot 1. Furthermore, additional D&U is being proposed over the private street to accommodate the newly proposed public sanitary sewer main, and public water main. Encroachment agreements for any private infrastructure or improvements within public D&Us will be required prior to recording of final plat. The subdivision abuts Frontier Trail, a residential public street just west of Lotus Lake. As currently platted, the property’s northeast corner extends over Frontier Trail. In order for proper maintenance and access to the public street and utilities, dedication of additional right-of-way over Frontier Trail is required. The preliminary and final plat submitted by the applicant illustrates dedicating this additional right-of-way and was reviewed by staff to be adequate; at its maximum width the applicant has proposed the dedication of an additional 30’ of right-of-way, see Figure 1 below. 7406 Frontier Trail October 20, 2020 Page 5 EXISTING CONDITIONS SURVEY The applicant had provided with the original Development Review Application, submitted August 16, 2019, an existing conditions survey that generally met the requirements of Sec. 18-40. The only required information that was not provided were the locations of all existing utilities such as sanitary sewer mains and laterals, and water mains and laterals (Sec. 18-40 (2)i). The applicant shall submit an updated survey upon submittal of final construction plans illustrating all existing utilities within and surrounding the property. The existing conditions survey and civil plan sheets show an existing retaining wall that appears to be built to benefit the property to the south (7460 Frontier Trail) encroaching into the southeast corner of the proposed subdivision. Additionally, a hard surface improvement (a driveway) is also encroaching from the property to the south into the proposed subdivision in the same location. As these encroachments will be within the newly platted public drainage and utility easement for Lot 1, the applicant shall file for an encroachment agreement concurrently with the recording of final plat. Any and all conditions required by the County Surveyor for recording of the final plat must be met prior to recording. 7406 Frontier Trail October 20, 2020 Page 6 GRADING AND DRAINAGE The site slopes generally from west to east, with the west side of the site having an elevation of approximately 972 feet and the east side having an elevation of 922 feet. Due to this approximate 50 foot change in elevation, the private street grade has been designed to maintain a maximum 10% grade for approximately 100 feet, then gradually transitions over another 50 feet to achieve a 2% grade, before teeing into Frontier Trail. The proposed grading plan maintains the overall drainage pattern from the existing conditions. The existing house on Lot 3 is located on the western portion of the site, and the newly proposed Lots 1 and 2 are on the eastern portion. As the newly created Lots are down gradient of the site’s drainage, it is imperative that they are graded as to steer stormwater runoff from the proposed houses. Updated grading plans from the applicant shall illustrate the drainage arrows around the homes on Lot 1 and 2 to ensure it is graded to drain stormwater away from the building’s location. Lastly, the geotechnical report by Paul Gionfriddo, P.E. (Lic #23093) with Haugo GeoTechnical Services indicates that the in-situ soils are not suitable for foundation, driveway (private street) or utility support and will need to be removed and replaced with suitable compacted fill. All recommendations from the geotechnical report shall be adhered to, and a geotechnical engineering firm shall be on-site during grading operations as required to ensure the city’s Standard Specifications and Detail Plates are adhered to along with any Minnesota Building Code requirements. Although groundwater was not encountered on the initial boring, a double ring infiltration test was attempted and the test pit began to fill with water from the saturated soils in the vicinity. If groundwater is encountered during grading, the grades shall be adjusted to maintain a 3-foot separation from the bottom floor elevation and adhering to the recommendations of the soil engineer on site. Changes to grades shall be submitted to the city for review and approval. 7406 Frontier Trail October 20, 2020 Page 7 RETAINING WALLS The applicant is proposing three retaining walls within the subdivision due to the grade changes discussed above in “Grading and Drainage”. The height of any retaining wall is measured from the top of the wall to the bottom of the footing (not to the top of grade). Two of the three retaining walls will have a height greater than four (4) feet. These walls shall be constructed in accordance with plans prepared by a registered engineer and shall be constructed of a durable material (smooth face concrete, masonry/mortared, railroad ties and timber are prohibited). No such plans or details were submitted with the construction plans, and must be provided prior to issuance of grading permits. Lastly, the retaining wall supporting the required fire apparatus access road turnaround, located on Lot 3, will be required to account for the surcharge of the Fire Department’s design vehicle (Engine 1). The required analysis and plans shall be provided to the city fo r review and approval. EROSION PREVENTION AND SEDIMENT CONTROL The proposed development will not exceed one (1) acre of disturbance and will, therefore, not 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). However, an Erosion and Sediment Control Plan (ESCP) in accordance with Ordinances shall be submitted for the grading operations of the subdivision as more than 5,000 square feet of land is being disturbed. The applicant has provided an ESCP, and while overall the plan appears feasible, it is deficient as it does not include all the requirements listed under Sec. 19- 145.(a)(2) such as the requirement that drainage boundaries and direction of drainage pre- and post- development be indicated. As such, the applicant shall update the ESCP and resubmitted for review and approval prior to grading operations. Additional comments regarding the ESCP can be found under the Recommendations for “Construction Plans”. SANITARY SEWER AND WATER MAIN The proposed subdivision has access to public sanitary sewer and water that is located within abutting right-of-way and/or public drainage and utility easements. Access to an 8” vitrified clay sanitary sewer main can be had from within a public drainage and utility easement abutting the property to the north (7404 Frontier Trail). Access to a 6” cast iron water main can be had from within the right-of-way of Frontier Trail, abutting the property to the east. The applicant is proposing to extend both of these public utilities into the subdivision. The plans shall be updated to abandon the existing services up to the mains and install all new services to the each lot within the subdivision. These new services will be had from the newly extended utilities. Water and sanitary sewer hook-up charges will only be required for Lots 1 and 2, and not for Lot 3 where the existing home is located. The applicant’s contractor shall coordinate with the Public Works department 48- hours prior to connecting to any public mains. The extension of the public mains throughout the development shall be owned and maintained by the city after acceptance of the public improvements by the City Council. As the sanitary sewer main is located within a 25’ wide public D&U to the north, access to the main will be available. Nonetheless, continued coordination with the property owner of 7404 Frontier 7406 Frontier Trail October 20, 2020 Page 8 Trail shall be conducted by the applicant and their contractor(s). Construction plans shall be updated to show that utility work in the D&U will not encroach onto private property (e.g. temporary perimeter fencing to delineate construction limits) unless temporary construction easements are provided, and a note prescribing that restoration of all disturbed areas will be performed to match or improve the existing site conditions. Prior to commencement of any utility work, a copy of all required permits from the appropriate regulatory agencies shall be provided to the city which shall include but is not limited to the Minnesota Department of Health, Metropolitan Council Environmental Services, and the Minnesota Pollution Control Agency. STORMWATER MANAGEMENT Article VII, Chapter 19 of City Code describes the required stormwater 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.” These standards include abstraction of 1.0 inch of runoff from the new impervious surfaces created by the project and water quality treatment resulting in the removal of 90% total suspended solids (TSS) and 60% total phosphorous (TP). The applicant has worked with the Riley Purgatory Bluff Creek Watershed District (RPBCWD) and the city and has generally met all the requirements. The applicant submitted a preliminary Drainage Narrative (DR) produced by Eric Fagerberg, P.E. Lic. #53772) with James R. Hill, Inc. The applicant proposes volume control, rate control and water quality treatment of stormwater runoff with the use of an underground infiltration chamber located on the east side of the development (east side yard of Lot 1). Based on the information and analysis provided in the DR regarding treatment of stormwater for TS and TPP, the underground infiltration method proposed is sufficient to meet the requirements of the city and rate controls have been shown to reduce post-construction flows from pre-existing flows. One point of clarification is whether the ditch checks on the plans are for construction stormwater practices or permanent stormwater treatment; if they are temporary BMPs during construction, they should not be included in the P8 modeling. Furthermore, volume control (abstraction) was met as the soil borings and analysis identifying “Type D” soils (slow draining, “tight” soils with an infiltration rate of 0.06 in./hr.), which qualified the project site to be restricted through RPBCWD rules. The classification of a restricted site lowers the required abstraction to 0.55 inches, in which the applicant has shown to provide abstraction to the maximum extent practicable with 0.27 inches of abstraction (approved by RPBCWD engineer), which is acceptable to staff. Ordinances require buildings to maintain at least three feet of freeboard adjacent ponding areas and floodplains. Per the submitted HydroCAD model by the applicant, the underground infiltration system has a 100-year HWL of 925.00 feet, and the adjacent home on Lot 1 has a low floor elevation of 927.00 feet (two feet of freeboard). As such, the applicant shall modify the low floor elevation of the building on Lot 1 to allow for three feet of freeboard. Plans, and if necessary models, shall be resubmitted for review and approval. Along with the updated plans, the applicant shall submit 7406 Frontier Trail October 20, 2020 Page 9 rational-method calculations to confirm that the storm sewer is adequately sized for a 10-year rainfall event. Lastly, the applicant shall provide an operation and maintenance plan (O&M) for the private stormwater BMPs. The O&M of private stormwater BMPs is required in perpetuity and must be approved by the Water Resources Coordinator, or their designee, to be recorded against the benefiting properties. It is recommended that a Homeowners Association be formed and the declarations address the maintenance responsibilities and associated costs of repairs and maintenance of the private stormwater facilities. All conditions, comments, and applicable permits required by Riley Purgatory Bluff Creek Watershed District shall be adhered to. WETLANDS AND BUFFERS A portion of the eastern part of the parcel has the potential to be considered a wetland. The area is a low depression in the landscape. Additionally, an initial review of soil data in the area shows this area to be classified as Hamel loam, 0 to 2 percent slopes, which is considered a hydric soil. As such, it is possible that a wetland exists in this area. A wetland delineation should be submitted to verify the presence of wetlands on the property. In addition, submitted plans show areas of cut and fill in this potential wetland area. If this is a wetland and it will be impacted, an approved wetland replacement plan must be submitted and approved through the Wetland Conservation Act approval process before any wetlands can be impacted. If a wetland exists on the property, a wetland buffer and setback will need to be maintained. To determine the required wetland buffer width, a Minnesota Routine Assessment Method (MnRAM) survey will need to be completed and approved (likely in conjunction with the wetland delineation) to determine the wetland classification. STORMWATER 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 lots of record being created. It is calculated as shown in the table below: SURFACE WATER DEVELOPMENT FEE AREA PER ACRE FEE ACRES FEE GROSS AREA $8,320 0.7690 $6,398.08 Right-of-Way $8,320 -0.0600 $(499.20) NET AREA 0.3503 $5,898.88 7406 Frontier Trail October 20, 2020 Page 10 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; 2020 rates for partial hookup fees are $691.00 per unit for sanitary sewer and $2,392.00 per unit for water. The remaining partial hookups fees are due with the building permit. Fees Based on the proposal, the following fees would be collected with the development contract: a) Administration Fee: If the improvement costs are between $500,000 and $1,000,000, 2% of the improvement costs. If the improvement costs exceed $1,000,000, 2.5% of the first 1,000,000 plus 1.5% of the remainder. b) Surface Water Management Fee: $5,898.88 c) A portion of the water hookup charge: $2,392.00/unit d) A portion of the sanitary sewer hookup charge: $691.00/unit e) Park Dedication Fee: $11,600.00 f) GIS Fees: $25 for the plat plus $10 per parcel LANDSCAPING AND TREE PRESERVATION The applicant for the Berrospid Addition property development has submitted tree canopy coverage and preservation calculations. They are as follows: Total upland area (excluding ROW) 1.9 ac. or 85,277 SF Baseline canopy coverage 96% or 82,517 SF Minimum canopy coverage required 55% or 46,902 SF Proposed tree preservation 55% or 47,277 SF The developer appears to meet minimum canopy coverage for the site, but will need to verify calculations before final approval. The tree preservation plan does not match the disturbed area shown in the plan set. The applicant will be required to plant replacement trees if tree removal for the subdivision falls below the minimum allowable area of preservation. Disturbance is shown on the neighboring property to the north. Tree removal must be kept to a minimum and preserved trees must be fenced for protection. A minimum of one tree is required to be planted in the front yard of each new home as required by ordinance. No buffer yards are required as all neighboring properties have the same land use. PARKS & RECREATION The quality and number of recreational facilities in a community directly contributes to its quality of life. For this reason, the City of Chanhassen places a strong emphasis on parks and open space. 7406 Frontier Trail October 20, 2020 Page 11 Parks The goal of neighborhood parks is to provide informal recreational opportunities close to where people live. Chanhassen operates under the standard that all residents should be within walking distance, or a half mile, of a neighborhood park. The proposed subdivision is located within ½ mile of South Lotus Lake Park, Kerber Pond Park and City Center Park. Trails The city’s goal is to maintain a comprehensive and easily navigable trail and sidewalk system that connects neighborhoods to park and recreation facilities, schools, community destinations and other communities. No additional trails are required 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 Berrospid Addition 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 2020 single-family park fee of $5,800 per unit, the total park fees for Berrospid Addition would be $11,600. MISCELLANEOUS The private road will follow City of Chanhassen Code for Private Roads – including a turnaround for emergency vehicles. The road is over 150 feet in length. Building plans must provide sufficient information to verify that the proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. A building permit must be obtained before beginning any construction. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. If any soil corrections are done on the property, a final grading plan and soil report must be submitted to the Inspections Division before permits will be issued. COMPLIANCE TABLE Area (sq. ft.) Width (ft.) Depth (ft.) Hard Cover sq. ft. Notes Code 15,000 100 # 125 25 / 3,750 #Lots served via private street must have 100 ft. of width at building setback Lot 1 18,289 106 154 25/ 4,572 North property line is designated front lot line. This is a corner lot for setback purposes. 7406 Frontier Trail October 20, 2020 Page 12 Lot 2 15,208 100 152 25 / 3,802 North property line is designated front lot line. Lot 3 44,520* 193 316 25 /11,130 *7,260 sq. ft. of the neck lot area excluded from total lot area of 51,780 sq. ft.; east lot line is front property line ROW 2,614 0.06 ac. Total 87,891 2.02 acres Setbacks: 30 Feet Front and Rear; 10 Feet Side Sec. 20- 922. - Designation of alternate front lot lines for single-family dwellings For single-family dwellings, the front yard shall be the line nearest the public right-of-way that provides access to the parcel unless: 1) The City Council designates an alternate front lot line as part of the subdivision. In this instance, the front lot lines for Lots 1 and 2 shall be the northerly lot line adjacent to the private street. RECOMMENDATION Staff recommends that the Planning Commission approve the subdivision with a variance for the use of a flag lot and private street subject to the following conditions and adopts the Findings of Fact and Recommendation: Building 1. Building plans must provide sufficient information to verify that proposed building meets all requirements of the Minnesota State Building Code, additional comments or requirements may be required after plan review. 2. A building permit must be obtained before beginning any construction. 3. Retaining walls more than four feet high must be designed by a professional engineer and a building permit must be obtained prior to construction. 4. If any soil corrections are done on the property, a final grading plan and soil report must be submitted to the Inspections Division before permits will be issued. Engineering 1. All driveways shall have direct access only to the proposed private street. 7406 Frontier Trail October 20, 2020 Page 13 2. Construction plans shall be updated to show the 25’ D&U located on 7404 Frontier Trail, the means of how utility work in the D&U will not encroach onto private property, and a note prescribing restoration methods of the disturbed areas within the D&U. 3. All applicable permits required by the Riley Purgatory Bluff Creek Watershed District shall be obtained and adhered to. 4. Calculations supporting the 7-ton private street design shall be submitted by a professional engineer for review and approval prior to grading operations. 5. The private street shall be owned and maintained by the benefiting properties. 6. The applicant shall update the fire apparatus access turnaround design to allow for proper turning movements of the Fire Department design vehicle (Engine #1), and provide the city with updated plans for review and approval. 7. Encroachment agreements for any proposed private infrastructure or improvements shall be provided prior to recording of the final plat. 8. An updated existing conditions survey shall be submitted prior to grading operations that includes all existing utilities within and surrounding the property. 9. An encroachment agreement for all existing structures within public drainage and utility easements, regardless of ownership, shall be filed concurrently with the recording of the final plat. 10. Updated grading plans shall be submitted that illustrate drainage arrows and adequate grading to drain stormwater away from structures, specifically the proposed homes on Lots 1 and 2, prior to grading operations. 11. Recommendations from Haugo GeoTechnical Services shall be adhered to. 12. A geotechnical engineering firm shall be on-site during grading operations as required to ensure conformance to City Standards and Specifications and all Minnesota Building Codes. 13. Grades shall be adjusted to maintain a three (3) foot separation from the bottom floor elevation if groundwater is encountered; any changes to grades shall be submitted to the city for review and approval. 14. The retaining wall supporting the required fire apparatus access road turnaround shall account for the surcharge of the Fire Department’s design vehicle (Engine #1). The required analysis and plans shall be provided to the city for review and approval. 7406 Frontier Trail October 20, 2020 Page 14 15. An erosion and sediment control plan in accordance with Sec. 19-145 of City Ordinances shall be included with updated plan submittals prior to grading operations. 16. Existing water and sewer service laterals shall be abandoned at the main. All services shall be had from the newly extended water main and sanitary sewer main. 17. All newly installed sanitary sewer and water mains and appurtenances shall be publicly owned and maintained by the city after acceptance of the public improvements by the City Council. 18. Prior to commencement of any utility work, a copy of all required permits from the appropriate regulatory agencies shall be provided to the city which shall include but is not limited to the Minnesota Department of Health, Metropolitan Council Environmental Services, and the Minnesota Pollution Control Agency. 19. The newly installed stormwater facilities and appurtenances shall be owned and maintained by the benefiting properties. 20. Lot 1’s low floor elevation shall be adjusted to allow for three feet of freeboard from the 100-year HWL of the underground infiltration system. 21. The applicant shall submit rational-method calculations to confirm that the storm sewer is adequately sized for a 10-year rainfall event. 22. All applicable permits required by the Riley Purgatory Bluff Creek Watershed District shall be obtained and adhered to. 23. The applicant shall enter into a Development Contract with the city and pay all the applicable fees and securities prior to recording of final plat. 24. A wetland delineation and MnRAM should be submitted and approved to determine if wetlands are present on the property. 25. If wetlands exist on the property and impacts to the wetland (cut or fill) are proposed, a wetland replacement plan must be submitted and approved before any wetland impacts can occur. Construction Plans 1. On sheet 1.0, Title Sheet: update contact information for City Engineer to “Charles Howley, P.E., LEED AP”. 2. On sheet 2.0, Grading Plan: as no site plan was provided call-out dimensions of turnaround and the radii for the private street; add call-out to relocate utility pole and light near the top and within the private street; clearly label or depict that no encroachment into the property to 7406 Frontier Trail October 20, 2020 Page 15 the north is proposed as it appears the radius of private street that connects to Frontier Trail extends into property to the north; add detail #5202A to detail sheets as it is being called out on this plan sheet; add to legend D&U line; show EOF(s) on plan sheet. 3. On sheet 2.1, Erosion & Sediment Control Plan: update hatching for “stabilized construction entrance” to be consistent with the legend for construction entrance; construction entrance must meet the dimensions of the standard detail plate (50’ long and 20’ wide minimum), update plans accordingly; add disturbance limits to the area impacted by the water tie-in near hydrant; add dewatering notes; add note that final stabilization of areas outside subdivision/property (i.e. disturbance near water main tie-in and sanitary sewer tie-in) need to be restored to existing or better condition; add to legend check dams, indicate whether temporary or permanent. 4. On sheet 3.0, Utility Plan: consider use of HDPE rings on sanitary manhole in street to allow for slope, call-out if they are to be used; the curb stop location for Lot 3 shall be at the D&U line, ensure call-out for cover aligns with detail #5208; trees are located over the newly proposed sanitary sewer which has been assumed to be open trench, however, the trees are indicated to be saved, clarify and update plans accordingly; existing services shall be abandoned at the main and all service laterals will be had from the extension of new utilities, update plans accordingly; all public sanitary sewer mains and water mains require profile views, update accordingly; a wet-tap will not be approved and a tee with sleeves shall be installed, coordination with the Public Works department 48-hours prior to the connection must be had as valves will have to be shut, notes must be added to this effect; On sheet 4.0, Construction Details; update all detail plates to the most recent versions, an update occurred during 2020 and not all detail plates. Environmental Resources 1. The applicant shall verify tree removal and disturbed area calculations to determine actual tree preservation before final approval. 2. Tree preservation fencing must be installed at the edge of grading limits prior to any grading activities. Fire 1. The private road will need to follow City of Chanhassen Code for Private Roads – including a turnaround for emergency vehicles. Parks 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected at the rate in force upon final plat submission and approval for the two new lots. 7406 Frontier Trail October 20, 2020 Page 16 Planning 1. The front lot line for Lots 1 and 2 shall be the northerly property line. 2. An access and maintenance agreement for the private street shall be recorded with the plat. ATTACHMENTS Findings of Fact and Recommendation Development Review Application Preliminary Plat Site Development Plans Revised Sheet 9 Public Hearing Notice and Mailing List g:\plan\2019 planning cases\19-13 7406 frontier trail sub and var\_resubmittal 9-18-20\staff report berrospid addition 2020.docx 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of Luis Berrospid – Planning Case No. 2019-13, Berrospid Addition. Request for Subdivision Approval creating three lots and right-of-way fo r public streets with a Variance for the use of a flag lot and private street located at 7406 Frontier Trail. On October 20, 2020, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Luis Berrospid for a single-family residential development. The Planning Commission conducted a public hearing on the proposed development preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single-Family Residential District, RSF. 2. The property is guided in the Land Use Plan for Residential – Low Density uses. 3. The legal description of the property is shown on the attached Exhibit A. 4. SUBDIVISION FINDINGS a. The proposed subdivision is consistent with the zoning ordinance and meets all of the requirements of the “RSF” Single-Family Residential District; 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 stormwater drainage are suitable for the proposed development; d. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; e. The proposed subdivision will not cause significant environmental damage subject to compliance with conditions of approval; f. The proposed subdivision will not conflict with easements of record, but rather will expand and provide all necessary easements; 2 g. The proposed subdivision is not premature. A subdivision is premature if any of the following exists: 1) Lack of adequate stormwater drainage. 2) Lack of adequate roads. 3) Lack of adequate sanitary sewer systems. 4) Lack of adequate off-site public improvements or support systems. 5. VARIANCE FINDINGS WITH A SUBDIVISION a. The hardship is not a mere inconvenience by providing reasonable access to three properties while reducing potential impacts to the natural features on the site; b. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land including trees; a public street is not necessary to provide access to adjacent properties; c. The condition or conditions upon which the request is based are unique and not generally applicable to other property because of the previously stated conditions of the property; d. The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of subdivision regulations, the zoning ordinance and Comprehensive Plan since it will reduce potentially significant impacts on the site. 6. The planning report #2019-13 dated October 20, 2020, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the proposed Preliminary Plat approval for two lots and public right-of-way with a Variance for the use of a flag lot and private street for a single-family detached subdivision. ADOPTED by the Chanhassen Planning Commission this 20th day of October, 2020. CHANHASSEN PLANNING COMMISSION BY: Steven Weick, Chairman 3 Exhibit A Lot 19, Auditor’s Subdivision No. 2, Carver County, Minnesota, except that part described as follows: Commencing at the most Southerly corner of said Lot 19, thence North along the West line of said lot 340 feet, thence Easterly deflecting at an angle of 90°10’ to the right from said last described course, a distance of 272.8 feet; thence Northeasterly deflecting to the left at an angle of 27°44’ from said last described course, a distance of 309.6 feet to a point in the Northeasterly line of said Lot 19; thence Southeasterly along the Northeasterly line of said Lot 19 a distance of 162.21 feet more or less, to the Southeasterly or most Easterly corner of said lot, thence Westerly and Southwesterly along the Southerly line of Lot 19 to the point of beginning. g:\plan\2019 planning cases\19-13 7406 frontier trail sub and var\_resubmittal 9-18-20\findings of fact recommendation.docx a c., 1 1 3 lR,&- COMMUNITY DEVELOPMENT DEPARTMENT Planning Division —7700 Market Boulevard CITY OFCIIANIIASSNMailingAddress—P.O. Box 147, Chanhassen, MN 55317 Phone: (952) 227-1300/Fax: (952)227-1110 APPLICATION FOR DEVELOPMENT REVIEW Submittal Date // qIIC." / / Y PC Date i 1 /-7 / 19 CC Date: /O/f Ll /19 60-Day Review Date: IC) f ( S I/ q( 1 Section 1: Application Type(check all that apply) Refer to the appropriate Application Checklist for required submittal information that must accompany this application) Comprehensive Plan Amendment 600 El Subdivision (SUB) Minor MUSA line for failing on-site sewers $100 Z Create 3 lots or less .. 300 Create over 3 lots 600 + $15 per lot Conditional Use Permit(CUP) lots) Single-Family Residence 325 Metes & Bounds (2 lots) 300 All Others 425 Consolidate Lots 150 Interim Use Permit(IUP) Lot Line Adjustment 150 In conjunction with Single-Family Residence..$325 Final Plat 700 Includes $450 escrow for attorney costs)* 425AllOthers Additional escrow may be required for other applications through the development contract. Rezoning (REZ) Planned Unit Development(PUD) 750 Vacation of Easements/Right-of-way(VAC) $300 Minor Amendment to existing PUD 100 Additional recording fees may apply) All Others 500 tel Variance (VAR)200 Sign Plan Review 150 Wetland Alteration Permit(WAP) Site Plan Review (SPR) Single-Family Residence 150 Administrative 100 All Others 275 Commercial/Industrial Districts* 500 Plus $10 per 1,000 square feet of building area: El Zoning Appeal 100 thousand square feet) Include number of existing employees: Zoning Ordinance Amendment (ZOA) 500 Include number of new employees: Residential Districts 500 NOTE: When multiple applications are processed concurrently, the appropriate fee shall be charged for each application. Plus $5 per dwelling unit (units) Notification Sign (City to install and remove) 200 I Property Owners' List within 500' (City to generate after pre-application meeting) 3 per address ln addresses) 17-07 Escrow for Recording Documents (check all that apply) 50 per document Conditional Use Permit Interim Use Permit Site Plan Agreement Vacation Variance Wetland Alteration Permit Metes & Bounds Subdivision (3 docs.)Easements ( easements) Deeds)tJ s= TOTAL FEE: )69S7. i7 Section 2: Required Information Description of Proposal: Preliminary and Final Plat of one parcel into two lots. Property Address or Location: 7406 Frontier Trail, Chanhassen, MN Parcel #: 250800300 Legal Description: attached Total Acreage: 2.02 Wetlands Present? Yes 10 No Present Zoning: Single-Family Residential District(REE Requested Zoning: Single-Family Residential District(RSFf Present Land Use Designation: Residential Low Dens Requested Land Use Designation: Residential Low Density Existing Use of Property: residential home site CITY OF CHANHASSEN Check box if separate narrative is attached. RECEIVED AUG 16 2019 CHANHASSEN PLANNING DEPT 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 I 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: Luis Berrospid Contact: Luis Berrospid Address: 7406 Frontier Trail Phone: City/State/Zip: Chanhassen, MN 55317 Cell: 763)280-0528 Email: errospidC•; .1 .c•Fax: Signature: troifiA.„4— Date: G Mi PROPERTY OWNE . In igning 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: same Contact: Address: Phone: City/State/Zip: Cell: Email: Fax: Signature: 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: James R. Hill, Inc. Contact: Rick L. Osberg, PE Address: 2500 County Rd. 42 West, Ste 120 Phone: 952) 890-6044 City/State/Zip: Burnsville, MN 55337 Cell: 612)437-7690 Email: rosberg@jrhinc.com Fax: Section 4: Notification Information Who should receive copies of staff reports? Other Contact Information: O Property Owner Via: 0 Email Mailed Paper Copy Name: Applicant Via: [' Email Mailed Paper Copy Address: 0 Engineer Via: 0 Email Mailed Paper Copy City/State/Zip: Other* Via: Email Mailed Paper Copy Email: INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital copy to the city for processing. SAVE FORM PRINT FORM SUBMIT FORM BEARINGS ARE BASED ON THE NORTHEASTERLY LINE OF LOT 19, AUDITOR'S SUBDIVISION NO. 2 WHICH IS ASSUMED TO HAVE A BEARING OF S 31°07'13" E. VICINITY MAP DENOTES FOUND 1/2 INCH IRON MONUMENT DENOTES SET 1/2 INCH BY 14 INCH IRON MONUMENT WITH CAP MARKED R.L.S. NO. 47481 DRAINAGE AND UTILITY EASEMENTS BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING LOT LINES, AND BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, ADJOINING RIGHT OF WAY LINES, AS SHOWN ON THE PLAT. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: DRAWN BY DATE REVISIONS PL0 1 1 CAD FILE SS.GZJ PROJECT NO. SHEET 1 OF 1 PROPER BERROSPID ADDITIONST. 0ICHAEL 0INNESOTAPRELIMINARY PLATFORLUIS BERROSPID FRONTIER TRAIL CHANHASSEN 0INNESOTA WEST C.R. S8ITE 1 B8RNSVILLE 0N PHONE PKDPSWRQ#MUKLQF.FRPPLANNERS EN*INEERS S8RVEYORSZZZ.MUKLQF.FRPJames R. Hill, Inc.Lot 19, Auditor's Subdivision No. 2, Carver County, Minnesota, except that part described as follows: Commencing at the most Southerly corner of said Lot 19; thence North along the West line of said lot 340 feet, thence Easterly deflecting at an angle of 90°10' to the right from said last described course, a distance of 272.8 feet; thence Northeasterly deflecting to the left at an angle of 27°44' from said last described course, a distance of 309.6 feet to a point in the Northeasterly line of said Lot 19; thence Southeasterly along the Northeasterly line of said Lot 19 distance of 162.21 feet DRI-1 SB-1 DRI-1 SB-1 DRI-1 SB-1 DRI-1 SB-1 G TREE REMOVALS REF. #SIZE & TYPE 107 6" MAPLE 108 19" ELM 109 10" ASH 110 11" ELM 111 20" ASH 112 6" MAPLE 113 8" BOX ELDER 114 9" BOX ELDER 115 8" BOX ELDER 116 7" BOX ELDER 117 8" BOX ELDER 124 21" BOX ELDER 125 8" BOX ELDER 126 15" BOX ELDER 127 8" BOX ELDER 128 6" MAPLE 129 16" BOX ELDER 130 14" ASH 131 8" MAPLE 132 9" MAPLE 133 7" MAPLE 134 7" MAPLE 135 8" MAPLE 136 21" BOX ELDER 137 7" BOX ELDER 138 9" BOX ELDER 139 17" BOX ELDER 140 17" BOX ELDER 141 10" BOX ELDER 142 6" MAPLE 143 9" BOX ELDER 144 6" MAPLE 145 13" BOX ELDER 146 15" BOX ELDER 149 6" MAPLE 150 12" BOX ELDER 153 14/13/10" MAPLE 154 10" ELM 155 14/13" ASH 156 9" MAPLE 157 7" MAPLE 158 12" MAPLE 159 12" MAPLE 160 8" MAPLE 161 9" MAPLE 162 7" MAPLE 163 11" MAPLE 164 12" MAPLE 165 7" MAPLE 166 8" MAPLE 167 7" MAPLE 168 7" MAPLE 169 22" ELM 170 10" MAPLE 171 9" MAPLE 172 11" MAPLE 173 12" MAPLE 174 6" MAPLE 175 12" HACKBERRY 176 13" MAPLE 177 15" ASH 178 8" MAPLE 179 16" MAPLE 180 15" ELM 181 11" MAPLE TREE REMOVALS REF. #SIZE & TYPE SAVE/REMOVE 100 19" BOX ELDER SAVE 101 8" MAPLE SAVE 102 10" BOX ELDER SAVE 103 14" BOX ELDER SAVE 104 13" BOX ELDER SAVE 105 12" BOX ELDER REMOVE 106 30" MAPLE SAVE 107 6" MAPLE REMOVE 108 19" ELM REMOVE 109 10" ASH REMOVE 110 11" ELM REMOVE 111 20" ASH REMOVE 112 6" MAPLE REMOVE 113 8" BOX ELDER REMOVE 114 9" BOX ELDER REMOVE 115 8" BOX ELDER REMOVE 116 7" BOX ELDER REMOVE 117 8" BOX ELDER REMOVE 118 7" BOX ELDER SAVE 119 8" MAPLE SAVE 120 9" BOX ELDER SAVE 121 10" ASH SAVE 122 8" ELM SAVE 123 9" BOX ELDER SAVE 124 21" BOX ELDER REMOVE 125 8" BOX ELDER REMOVE 126 15" BOX ELDER REMOVE 127 8" BOX ELDER REMOVE 128 6" MAPLE REMOVE 129 16" BOX ELDER REMOVE 130 14" ASH REMOVE 131 8" MAPLE REMOVE 132 9" MAPLE REMOVE 133 7" MAPLE REMOVE 134 7" MAPLE REMOVE 135 8" MAPLE REMOVE 136 21" BOX ELDER REMOVE 137 7" BOX ELDER REMOVE 138 9" BOX ELDER REMOVE 139 17" BOX ELDER REMOVE 140 17" BOX ELDER REMOVE 141 10" BOX ELDER REMOVE 142 6" MAPLE REMOVE 143 9" BOX ELDER REMOVE 144 6" MAPLE REMOVE 145 13" BOX ELDER REMOVE 146 15" BOX ELDER REMOVE 149 6" MAPLE REMOVE 150 12" BOX ELDER REMOVE 153 14/13/10" MAPLE REMOVE 154 10" ELM REMOVE 155 14/13" ASH REMOVE 156 9" MAPLE REMOVE 157 7" MAPLE REMOVE 158 12" MAPLE REMOVE 159 12" MAPLE REMOVE 160 8" MAPLE REMOVE 161 9" MAPLE REMOVE 162 7" MAPLE REMOVE 163 11" MAPLE REMOVE 164 12" MAPLE REMOVE 165 7" MAPLE REMOVE 166 8" MAPLE REMOVE 167 7" MAPLE REMOVE 168 7" MAPLE REMOVE 169 22" ELM REMOVE 170 10" MAPLE REMOVE 171 9" MAPLE REMOVE 172 11" MAPLE REMOVE 173 12" MAPLE REMOVE 174 6" MAPLE REMOVE 175 12" HACKBERRY REMOVE 176 13" MAPLE REMOVE 177 15" ASH REMOVE 178 8" MAPLE REMOVE 179 16" MAPLE REMOVE 180 15" ELM REMOVE 181 11" MAPLE REMOVE 195 10" MAPLE SAVE 196 7" BASSWOOD SAVE 201 9" MAPLE SAVE 203 7" ELM REMOVE 209 14" MAPLE SAVE 210 10" MAPLE SAVE 213 30" BASSWOOD SAVE 214 6" MAPLE SAVE 215 7" MAPLE SAVE 216 18" MAPLE SAVE 217 10" MAPLE SAVE 218 19" MAPLE REMOVE 219 26" MAPLE REMOVE 220 12" IRONWOOD SAVE 221 23" PINE SAVE 222 8" IRONWOOD SAVE 223 16/11" BASSWOOD REMOVE 224 7" IRONWOOD REMOVE 225 13" BOX ELDER REMOVE 226 14" MAPLE REMOVE 227 27" MAPLE REMOVE 228 22" MAPLE REMOVE 229 29" MAPLE REMOVE 230 6" ELM REMOVE 231 26" MAPLE SAVE CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ss. COUNTYOFCARVER ) I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on October 8,2020, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy ofthe attached notice ofa Public Hearing to consider a request for subdivision approval to create three lots (Berrospid Addition) with a variance for the use of a private street. Zoned Single-Family Residential RSF), Planning Case No.20l9-13 (Resubmittal 9-f8-20) to the persons named on attached Exhibit "A", by enclosing a copy ofsaid 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 ofsuch owners were those appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by other appropriate records. Ki T. Meuwissen,lerk Subscribed and this!L day o swom to before me 4..r fQl_kjcr-..C_,2020. Notarv Public Seal) t M Elt . &n 31,2(p. oBclllmcr This map is neither a legally recorded map nor a survey afld is not intended to be used as one. This map is a compilatron of records, infomalion and data located in various cjty. county. state and federal offices and other sources regarding the aaea shown. and is to be used for reference purposes only. The City does not wenant that the Geographic lnformation System (GlS) Data used to prepare this map are eror free. and lhe City does nol represent that the GIS Data can be used for navigalional, tracting or any other pueose requiing exactjng measurement of distance or directon or preclsion in the depi:tjon of geographic featu.es. The preceding disclaimer ls provaded pu6uant to Minnesota Stah,lqs 5466.03, Subd 21 (2000), and the user of this map acknowledges that $e Cdy shall not be liable for any damages, and expressly waives all claims. and agrees to clefend, indemniry, and hold hamless the City from any and all claims brought by User, its employees or agents, or third partjes which adse o{rt ot lhe use/s access or use oI data provrded Oa!c|!inBr mis map is neither a legally recoft|€d map nor a survey and is nol intended to be llsed as one This map is a compalatjon of recods, information and data located in various ctty, cDunty, state and federal ofices and otfter sources regarding the area shown. and is to be ured for reference purposes only. The City does not warant that the Geographic lnfomalion System (GlS) Data used to prepare this map are error free. and the City does not reFesent that the GIS Dala can be used for navilational. ttaclang or any other purpose requinng exacling measurement of distance or directon or precrsion in the depiclion of gEographic eatures. The preceding disdaimer is provijed puGuant to Minnesotia Statutes $4ti6.03. Subd. 21 (2000), and the user of this map acknovdedges that the Crty shall nol be liable for any damages. and expressly waives all daims, and agrees lo deieM, andemn y. and hold harml€ss the city from any and all claims bought by User. rts employees or agents, or third partes which aise out ol lhe useis access or use of data provided. 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Additionally, she was concerned that the construction traffic on Frontier Trail would deteriorate the road. Staff explained that the property owner was complying with the zoning ordinance in the proposed subdivision and that the number of units was below what could be developed. Frontier Trail is a public road and provides access to all properties along its length. The engineering department will monitor road conditions. A resident called regarding storm water. He stated that the run-off from the yards in the Del Rio Drive area properties drains across this parcel. Staff advised the resident that drainage issues would be reviewed as part of the development review and that the engineering department would be told of the concern. Emails A. 1. How far from the street would the new sewer line tie into the current sewer line that runs along 7404 frontier trail. Is there then another manhole and cover at this tie in?? 2. Has the water creek that happens almost every rain between 7406 and 7404 been addressed to avoid any further damage and perhaps make it go away completely. Response: 1) 75’ from the existing downstream manhole which is on the east side of Frontier Trail in front of the two mailboxes. 2) No. There are natural drainage patterns coming from on top of the hill (backyards between Cimarron Cir and Del Rio Dr) that shed water on to 7406 Frontier. The grading around the existing residence on the west end of 7406 Frontier will remain unchanged. As the water comes down the slope to the area where the new private street ends it will be channeled to the curb on the south side of the private street if it drains on to the street. If it drains within the drainage and utility easement it will remain unchanged because no new grading is proposed on 7404 Frontier Trail as part of the project. We attached the respective plan sheets that help show the responses. B. 2 Staff: I have tried to answer your questions below. The staff report will be available next week for your review. If you have additional questions or need more information, please contact me. Resident: I received a notification of a hearing for a proposed variance to divide a lot at 7406 Frontier Trail. I was reviewing the plans as well as city code and have some questions and concerns. I’ll admit I may not understand everything given in the written proposal. According to the city code, a variance requires 4 things including a “hardship” to exist. I’m failing to understand what is the hardship that is occurring in this case? Is it simply that the lot cannot be divided into 3 without the private drive? Response: The lot could be divided into three lots with a public street, but a public street would create even more site grading and hard cover than the use of a private street. The variance is to permit the private street, not for three lots. Private streets serving up to four lots may be permitted in residential developments with a density of less than four units per acre if the criteria in variance section 18-22 are met and upon consideration of the following: 1) The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. 2) After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. 3) The use of a private street will permit enhanced protection of the city's natural resources, including wetlands and protected areas. The subdivision variance findings are: The city council may grant a variance from the regulations contained in this chapter as part of the plat approval process following a finding that all of the following conditions exist: 1) The hardship is not a mere inconvenience; 2) The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land; 3) The condition or conditions upon which the request is based are unique and not generally applicable to other property; 4) The granting of a variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of this chapter, the zoning ordinance and comprehensive plan. We believe that the development meets these standards. According to the final plat information, this proposal is going to result in cutting down at least 70 mature trees on the current property. Is that correct? There has been a fair amount of subdivision in this area recently and clear cutting of these particular woods for home sites. City code mentions that the city will protect these areas in good faith but this proposal seems to lack any protections. There is an abundance of 60s-70s era homes in Chanhassen ready for updates that don’t include losing wooded areas. 3 Response: I counted 65 trees in their list. Our city forester is reviewing tree removal for the staff report. City code encourages tree preservation, but recognizes that development inherently requires the removal of trees and provides target preservation percentages of existing trees. If these targets are not maintained, then the developer will need to replace the trees as specified by city code. Almost a half of the site is being graded to accommodate the private street, house sites and storm water improvements being required by the Riley Purgatory Bluff Creek Watershed District (RPBCWD). There are a number of drainage concerns with the proposal that appear to have been met to the cities minimum requirements. Is that correct? I am somewhat taken aback by the amount of non- permeable surfaces being allowed in this proposal. I would think at the very least a semi- permeable driveway and private street should be required. Response: The developer is being required to provide a storm water conveyance and treatment system on site as required by RPBCWD. We have tried to minimize the hard cover through the use of a private street. Individual lots will be limited to 25 percent coverage. Additionally, I have requested that our water resources staff evaluate the off-site storm water which is directed across this property. The lack of turn around space for fire trucks does not appear to meet the current minimum requirements according to city code which requires a culdesac or Y based turn around. Is that correct? Response: A hammer head turn-around is acceptable to the fire marshal. This plan is also going to severely limit the current wildlife corridor in place from my neighborhood on Del Rio Dr and Lotus Lake. We currently enjoy many wildlife passing through our woods which is connected by way of the other properties to these woods. White tail deer in particular frequently travel through this land and have been reproducing successfully within these woods. Response: Chanhassen is an emerging suburban community. The city has attempted to provide extensive environmental areas throughout the city. However, property owners have the right to use their property as provided by the zoning ordinance. Traffic and construction crews on Frontier Trail have been a major safety concern for walkers and bikers with vehicles frequently blocking more than 50% of the roadway for days at a time. This road lacks sidewalks or trails forcing citizens to share the road. This plan would add to the congestion. Response: Frontier Trail is a public street that provides access to all properties that abut it. The development contract will limit the hours of operation for the construction companies. 4 I understand this proposal was withdrawn before, is the reason for the withdrawal public record? Response: The project was withdrawn before because RPBCWD was requiring storm water improvements for a two lot subdivision, which were not financially feasible for only one new lot. C. It was my understanding I would have been emailed about the report when it was released, per our previous conversation. I’m not sure I have enough time to review it and formulate an adequate response at this point. I skimmed it quick, is it likely this would pass at this hearing, or are there too many additional changes needed to vote at this point? Response: I don't believe that there are changes to the subdivision, per se. Generally, the engineering department redlines construction plans prior to construction commencing to make sure they comply with all city requirements. Additionally, many of the items will not be known until construction activity is about to commence, e.g., "A geotechnical engineering firm shall be on- site during grading operations as required to ensure conformance to City Standard and Specification and all Minnesota Building Codes". CHANHASSEN PLANNING COMMISSION REGULAR MEETING OCTOBER 20, 2020 Chairman Weick called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Steven Weick, Mark Randall, Michael McGonagill, Doug Reeder, Laura Skistad, Eric Noyes, and Mark Von Oven STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; George Bender, Assistant City Engineer; and Matt Unmacht, Water Resources Coordinator Weick: Just quickly reviewing the guidelines for this evening’s meeting. It is a Zoom meeting. I would ask that commission members not hold chats, text messages or discussions on the side. Everything needs to be vocalized and on the record for the public. There is one hearing this evening on tonight’s agenda. Staff will begin by presenting the item. When staff is finished commission members may ask questions. Get clarification on the item. The applicant will then be asked if they would like to make any additional comments or presentations and also would be open to questions at the conclusion of their presentation. After that we would open the public hearing. We will summarize all emails for the record. Anyone here in chambers in person will be welcome to come forward and speak their opinion on tonight’s matter and we will also offer a telephone number for anyone listening that would like to call in and have their opinion added to the record. When everyone has had a chance to be heard we will close the public hearing. One more chance for commissioners to discuss the item and then we will consider a motion and a vote as appropriate. Tonight’s item is item number, Case number 2019-13. PUBLIC HEARING: CONSIDER A REQUEST FOR SUBDIVISION APPROVAL TO CREATE THREE LOTS (BERROSPID ADDITION) WITH A VARIANCE FOR THE USE OF A PRIVATE STREET ON PROPERTY LOCATED AT 7406 FRONT TRAIL. Generous: Thank you Chairman, commissioners. As you stated this is a public hearing to review a subdivision request to create 3 lots with a variance for a flag lot and private street. The property is located at 7406 Frontier Trail. It’s zoned single family residential which means a minimum lot size of 15,000 square feet with property served via private streets have to have 100 feet of lot width at the building setback line. These lots all comply with that and they need a minimum of 125 feet of depth and they all comply with that. The smallest lot is just over 15,000 square feet. The middle lot is about 18,000 square feet and the rear lot is 56,000 square feet. The site has about a 50 foot elevation drop from the west end of the property to the east end of the property. It’s currently 96 percent with canopy coverage on the property. Slide please. Again it’s a 3 lot subdivision. They’re dedicating right-of-way for Frontier Trail, the existing roadway encroaches onto this property and this puts it within, creates the public right-of-way so Chanhassen Planning Commission – October 20, 2020 2 that would be continued and memorialized. Access is via a private street. In conjunction with private streets and subdivisions they will have to record access and maintenance agreements with the subdivision documents. As part of the project they are extending public sewer and water lines into the development and they’re providing a stormwater treatment system for the site hard cover that’s going into the development. With that Steve will discuss the public improvements. Or George, I’m sorry. Bender: As Bob noted the site slopes from the western side to the eastern side towards Frontier Trail and there’s approximately about 50 feet of grade change across the site. You know due to the grade changes there was a need to design several retaining walls. They all are on individual lots so they can be private walls that are owned by the lots. And subsequently maintained by them. The private street itself is going to have the maximum allowed grade for about 100 feet of it which is 10 percent by code and then it will generally transition down to about a 2 percent grade as it accesses down to Frontier Trail. There will be some cut and fill within the 100 year floodplain. This was reviewed and approved by the watershed district. This is noted in the pink and the green on the slide that’s up currently. The retaining walls are in red. Matt Unmacht, our Water Resources Coordinator is going to discuss the wetland impacts. Unmacht: Good evening. Can everybody hear me? Aanenson: Yeah. Unmacht: So this property does have the potential to contain or to have wetlands, specifically on the south, or excuse me the east side of the property. Bob had mentioned it. It slopes west to east. A soils, a review of the wet soils survey shows, you can see in the orange area that’s considered a hydric soil and City staff including myself did stop out at the site this week and we did see some vegetation that is commonly found in wetlands in kind of a low depression right at the eastern portion of the parcel. So since staff believes that a delineation should be done at least to confirm or deny, or confirm whether or not there is a wetland present. It is marginal. It’s not most obvious site that I’ve seen but I think it warrants a delineation and then getting a delineation and then a MNRAM done would determine any, if a wetland exists on the property and if there’s any required buffers or setbacks. Bender: As far as stormwater goes, the applicant has done any design to establish volume, rate control and water quality treatment. They’ve provided for this through an underground system. There is an inlet control manhole that has a sump structure that will grab the initial heavier sediments and allow for fairly easy cleaning and then it will go into an underground infiltration chamber to allow the increased, the water from the increased hard cover to infiltrate as much as possible. The applicant has worked with the watershed district to the maximum extent possible to abstract or meet their abstraction requirements. In this case they were able through their geotechnical report to prove Type D soils exist which from the watershed district’s perspective reduce the abstraction by half from 1.1 inches to .55 and then through their rules they have a very strict and prescribed proof to reduce abstraction below that restricted amount and in this case the Chanhassen Planning Commission – October 20, 2020 3 applicant went through that with the watershed district and was able to get a restricted abstraction amount of .27 inches and you know that, per the watershed district that’s the deemed amount for the maximum extent practical. So this has been provided. This system will need to be maintained by the applicant. It will require an operation and maintenance plan be worked out with the City. And then the benefitting properties it will need to be, that plan will need to be recorded against. The City recommends that a homeowners association be created by the applicant so that the maintenance cost for the system can be split across the properties and be the responsibility of all the properties. This will require Lot 1’s low floor elevation as submitted to be adjusted to achieve an extra foot of free board from the high water level in the underground system. Regarding the public utilities, the blue line is the watermain extension from the right-of- way for Frontier Trail and the green line is where the applicant is proposing to connect to the sanit ary, public sanitary sewer system which comes up the easement along 7404 Frontier Trail’s property. The City will be requiring all services to, the services for sewer and water to all 3 lots to come off of the new extensions. There are existing services that cut across the lot where Lots 2, Lot 3 where Lots 1 and 2 are and the City is going to require that these be abandoned and then reserved off of the sewer lines that are being extended. There will be coordination required with the property owner to the north at 7404 Frontier Trail where the sanitary sewer and main extension will extend to meet the existing sanitary sewer main that’s within the easement. The area will need to be restored to either match or improve the existing condition as part of this and if any temporary construction easements are needed they will need to coordinate that with the 7404 Frontier Trail to be able to do the installation so that they remain within the easement. They will need to survey that easement so that it is known in the field when that work is being done. And with that I will turn it back over to Bob. Generous: Part of our subdivision review we review the amount of tree removal on the site. They have provided us with preliminary numbers for tree removal. As I stated originally there’s 96 percent canopy coverage on this property. The proposed plan estimates that they will have 55 percent canopy coverage after the development is done. City code uses that as a target amount of preservation so they do meet city code requirements. However we are requiring that they verify these numbers for us before it goes to final approval and do all the calculations so that we can determine whether any replacement plantings would be required. Right now the only condition is that they provide one tree for every front lot in the development. And then that they provide tree protection fencing prior to any on site construction activity. With that staff is recommending. Oh, we’ve got multiple. One call regarding, concerning this development, they wanted, well actually there were two. They are concerned about the construction traffic on Frontier Trail and that any construction would degrade the right-of-way. And the other thing, they were just concerned that there’s enough housing on Frontier Trail. They don’t need any more so. And then the second call was regarding the stormwater that’s generated on top of the hill off of Del Rio Drive and it comes, crosses this property and if you look at the topo’s you can see there’s like a swale system that comes down the hill and that’s one of the things that George had addressed. We had a second, an email tonight regarding the location of the manhole connection for the sanitary sewer on 7404 Frontier Trail. We did respond to it that it’s approximately 75 feet downstream from the existing manhole. And then also he had questions Chanhassen Planning Commission – October 20, 2020 4 about the natural drainage pattern which comes from the top of the hill down this property. Our response was that they are not creating any of that stormwater and they’re directing some of it onto their street system but it will follow the natural course that it has currently and so. Bender: You want me to expand on that? Generous: Yes if you could. Bender: So you’re in the mouse here on the slide. There’s a development to the west here that’s between Del Rio Drive and Cimarron Circle and the back yards from those properties have natural drainage that heads to the east and crossed the subject property and generally the water is following this topography. Ther e’s a small culvert here and then hitting the northeasterly property line. This is showing the grading that’s being done within the property’s limits. It is directing it onto the road and then it will, the road is actually sloped as shown here from north to south. And then the water will eventually cross the road, hit this curb line that’s right here and then be collected down in the stormwater collection basin. So this should improve it. Any water that gets off of the property as it’s coming down here, you know the applicant is not proposing and not really authorized to regrade the neighboring property to do this. If they wanted to work together you know they certainly could have discussions about that but as shown in these plans there is no regrading on the neighbor’s property. If there was some we would flagged that you know as part of this for remaining on the subject property unless there’s an agreement in place. So that’s about it. Generous: And then one other email, there was a gentleman quest ioning whether they met the variance requirements and I had to explain to him that the variance is for the use of a private street, not to have a 3 lot subdivision. We did look at this development originally providing a public street. It can be done. Ho wever it adds a significant amount of additional hard surface to this area and there’s no resulting benefit so we directed him to go through the variance process for that. He also requested information about the tree removal on the site. He says it looks like they’re taking out 70 trees. I estimated, I counted 65. Again the subdivision ordinance encourages the preservation of trees but it doesn’t prohibit it. Based on his, the calculations that were provided he is meeting city code requirements so. This person also expressed concerns about the drainage issues from the property to the west draining across this site. As George pointed out he is making some improvements but he can’t develop off site and so he can’t make any improvements to that and also t hat is beyond the purview of his requirements under our subdivision ordinance. He needs to treat and direct all the stormwater within his property that is generated by the development. And also he was concerned that with the removal of trees the City was allowing the elimination of a wildlife corridor that uses the existing lot. However that, we’re a merging community. He’s following the zoning ordinance requirements so we believe that he’s within his rights to propose it and again he’s meeting the City target for tree preservation and this person also had concern about construction traffic on Frontier Trail. Again that’s something that we try to minimize and require that we have weight limits and everything like that but it is a public road and it’s designed to carry traffic so. That’s it. And then I guess Chanhassen Planning Commission – October 20, 2020 5 the last thing is our, we’re recommending approval of the subdivision subject to the conditions in the staff report and adoption of the Findings of Fact and Recommendation. With that I’d be happy to answer any questions. Weick: Thank you Bob and George for your presentation. I will give commission members a chance to collect their thoughts and perhaps ask a couple of questions that came up. Not only during your presentation but also as I was reading the report. One being the, did the existing drawings show an approved turn around for the fire truck? Bender: They do show one. There are requirements that it needs to be adjusted to meet Engine Number 1. That will need to be coordinated with the Fire Marshal when the final construction plans are done so it is a condition. Weick: Okay. But that could potentially make that area, that could add lot coverage to that area. Bender: It could make some minor adjustments, that is correct and it might adjust like their retaining wall and there’s another requirement that that area that’s supported by that retaining wall has to use the surcharge from the fire vehicle to make sure that when it’s designed that you know it can support it. Weick: Okay. The other question kind of also related to the road is the road included in the lot coverage calculation? Generous: The private street or the front? Weick: Private street. Generous: It’s not. The common portion is not included in the lot area calculation. But we don’t include the hard cover nor the area in that lot. The flag lot so. Weick: So it wouldn’t benefit or be a detraction from the lot coverage? Generous: No. Weick: It’s an area that’s just not included. Generous: Right it’s covered under the stormwater improvements that they’re providing but it’s not, we may come in if they wanted to expand the house it would not be added to. Weick: Okay. Generous: The fire truck turn around would but the rest of the private street would not. Chanhassen Planning Commission – October 20, 2020 6 Weick: Okay. And then there was mention on, bear with me. Page 6. No, further. It was about the soil and I can just say it from memory because I can’t find it right now but there was a report that the soil wasn’t sufficient to support road foundation and other things and it would need to be replaced. I’m just not familiar with building. Is that like a normal thing or is that a difficult thing to do? Bender: Basically they’re going to have to meet the supportive requirements of burying for not only the road but the foundations associated with the residences so it’s not like they have to take out all of the soil or anything. They have to put back, they’re going to have to take out some soil that doesn’t have the right bearing capacity and replace it with probably what we call select granular material and compact that in place to increase the support of capacity of those areas. Weick: Okay. I think for right now that was all the questions I had for staff. I would open it up also for the commission members if you’ve had a chance to collect your thoughts. Any questions? Reeder: Mr. Chairman one question on the road. Do we require an agreement between the 3 property owners to maintain that road, A. And B, the actual construction of that road do we have some standard for that? Bender: Yes we do. Yes is the answer to both questions. Basically we are recommending a homeowners association be created by the developer in order to provide for the maintenance of that private street and equally share the costs associated with it’s maintenance. Ultimately that is up to the developer to determine whether an HOA is going to be created but at the same time they will have to have some sort of agreement in place in order to make sure that the road can be maintained and it just doesn’t fall upon the Lot 3 where it is because the private street is not shown on the preliminary plat in an outlot. There will also have to be access agreements provided for Lots 1 and 2 so that are essentially relative to ingress and egress along the private street. So and yes there are design standards. You know this has to be a 20 foot minimum wide road which the applicant has provided. It has to have a maximum of 10 percent grade which the applicant meets. It will also need to meet a 7 ton design which the, there is a condition that the applicant’s engineer will need to submit those calculations for our review. Weick: Thanks Commissioner Reeder. Other questions for staff at this time? McGonagill: Mr. Chairman this is Commissioner McGonagill. Weick: Hello, good evening. McGonagill: George I’ve got a couple questions for you. If I look on page 6 and I’m just really looking at the grading and drainage plan on the plot. I think I know the answer to this but I just want to be sure. On Lot 1, can Lot 1 down the road be subdivided again? Chanhassen Planning Commission – October 20, 2020 7 Generous: No it’s at the minimum requirement in the RSF district. McGonagill: Okay so there’s no potential that they could come into that… Generous: The one on top Lot 3 potentially if they could get the property over to the west, or to the south of them to grab the property there’s a potential. They could meet the minimum 15,000 and have 90 feet of. McGonagill: On Lot 3. Generous: Yeah the one on the top of the hill. McGonagill: Okay I call that Lot 1. I’m confused. So it’s the one to the west they could subdivide that one? Generous: If they got the property from the property to the south to have access onto Del Rio. McGonagill: Yeah that was really the question I was coming from. You know does that potential then does exist to do that if they could get access to Del Rio right? Generous: Yes. If that property owner would sell them enough land to do that. McGonagill: Okay and that’s why I assume that issue the property owner to the west is why the road, I think there’s two reasons that road doesn’t come in from Del Rio. One is you just answered is access. The other is there’s quite a bit of an elevation grade to come down into that house which I call house on Lot 3, is that correct? Bender: I’d add to that, that it’s an existing house that was constructed in 1969 and you know it’s currently served off of Frontier Trail so you know it’s kind of designed from a garage perspective and to face that way so to change it and have it come from the other way would have quite a few impacts. McGonagill: Yeah I understand. But I just think about the potential down the road. So if Lot, I guess you call it Lot 1. If Lot 1 gets subdivided then access, would the access have to come off of Del Rio or could it actually come off the private drive? What I’m hearing you say it cannot come off the private drive because when they extended the private drive into that new subdivided lot they would not meet lot cover minimums, is that correct? Generous: No. When you said Lot 1 I was thinking you meant the most easterly property which is only a little over 15,000 square feet. At the top of the hill. Aanenson: Can you put a map up so everybody can see? Chanhassen Planning Commission – October 20, 2020 8 McGonagill: Yeah and I’m sorry. I’m sorry. You know I had my numbers wrong. That’s my error. Weick: Commissioner McGonagill while we’re pulling that up can you just restate your question again? McGonagill: Okay it really is fairly simple. I’m trying to look at the next step of the larger lot. The lot to the west, can it be subdivided again and what that would require if that were to occur because then you’ve got plan, in my mind I’m planning for the next step that logically could come. Generous: Well the first part of it he could conceivably extend the private street up to service the most westerly part of the parcel. McGonagill: Okay. Generous: It would need to go through a public hearing process again and they’d have to revise the variance again to use a private street. However if you could get the right-of-way or the property to connect to Del Rio there then they could access that lot from the south and come in and have a lot there. It’s contingent on the property owner selling him the land. McGonagill: Correct. But if the property owner didn’t he still could let’s say when it’s, the gentleman that’s living to the west in the large parcel decides to leave he could subdivide this again and just extend the private drive and it would just be another variance. Aanenson: Wouldn’t it be over the 10 percent grade? Bender: Kate just mentioned that it would be over the, it may be over the 10 percent grade so for that to be extended yo u know it would still have to meet the code requirements of the maximum of 10 percent and the grade lines do tighten up as it goes up the hill so that would more than likely require regrading in order to extend the drive far enough to accommodate another lot. McGonagill: That’s a technically challenging issue when you get into that…is what you’re saying. Bender: Yeah. I mean if the property could be you know generated to access Del Rio Drive it’s likely that one driveway would come off of it for a house that would be placed further to the west and the house that’s currently located on Lot 3 or if it was a tear down and rebuild would access the private drive. McGonagill: Okay. And I realize that’s not what we’re talking about here tonight and it doesn’t really enter in. I’m just trying to think about what the next step would look like. That’s where I’m trying to come from. George next question I have is on the stormwater system. Could you Chanhassen Planning Commission – October 20, 2020 9 cover that drawing that had the underwater containment stuff that you showed? Please sir. It had the catch basin and then what I call the silos in your presentation. That one. Question I had, this water containment system, when it leaves the system, you know if it doesn’t go to infill, does it go into some sort of stormwater system into Lotus Lake? Bender: Well it would enter our stormwater system that’s out in Frontier Trail so there’s an overflow pipe shown in the control structure so that would essentially connect into our stormwater system in Frontier Trail and then if I can here, you know it would more than likely make it’s way right down to these ponds that are here. McGonagill: Okay. So and then ultimately that with the way the flow is going through ground filtration or whatever if it overflows it does end up in Lotus Lake, does it? Bender: Ultimately. McGonagill: Maybe not. Maybe that’s a question for Matt. Bender: Yeah Matt are you still here? Unmacht: Yeah I’m still here. I got the datalink pulled up here at home and best I can tell, I believe it ultimately does. Bender: I think it’s going to make it’s way through those ponds Matt and then this drainage channel. Unmacht: Yep, that red triangle that you’re, that right there. That’s outfall into that drainage channel into Lotus Lake is what I believe. McGonagill: Okay. So that’s if we stay right there, you said it would go through several systems like a pond which are containment basins. Settlement basins, etcetera before it gets into another outfall that would end up in Lotus Lake because I’m worried about Lotus Lake quality obviously. That’s a recreation lake. Is that right Matt? Unmacht: Yes that’s correct. It would go through at least those two basins along with the infiltration, or excuse me the underground stormwater treatment system that’s already proposed on the project. McGonagill: George on those underground infiltration systems you said there has to be a maintenance plan for them and you can just stay on this picture which would be fine. In that agreement is there any requirement for those systems to be annually inspected to be sure they’re not full of debris and that report provided to Matt or can we put that in there because again I want to be sure that those systems are working on an annual basis. You know you get a hard rain Chanhassen Planning Commission – October 20, 2020 10 or hard year those things can fill up full of junk and suddenly you don’t have anything that’s working anymore, you follow me? Unmacht: Yep. So yeah we are definitely going to have required inspections and maintenance done on a system like this so we’ll work with the applicant as to what the inspection and reporting details will be but they absolutely will have at the very least annual reporting and the most likely after a specific rainfall amount events. McGonagill: That’s perfect. Yeah that way you know if it’s still working properly and if you had that working and you’ve got the rest containment basin you’ve done just about everything you can. Unmacht: Correct, yep. McGonagill: Okay that’s quite helpful. Mr. Chairman that’s my questions. Bender: I’d add one part to that please if you don’t mind. Get it back to the right slide here. So as part of this structure that they’re putting in, in the control structure there is a 4 foot sump in it to collect the heavier solids before it ever gets to the infiltration chamber. In addition it’s kind of hard to see but they also have an energy dissipater that they’re putting in non the inlet pipe and then a skimmer on the outlet pipe to the infiltration chamber to keep as many solids as possible in the control structure so that’s as easy to maintain as possible. So over time they’ll learn you know how many solids they’re collecting and kind of at what type of timeframe that fills up that sump. Whether it ends up needing to be annually cleaned or maybe it could be you know every 2 years. That will be kind of a to be determined aspect associated with it but you know the easier that they can make the maintenance, you know the more often it will happen and be better for the overall Lotus Lake water quality. McGonagill: Well George that’s very helpful. I think the thing that’s going to be real important and I have to guess Matt this will be in your purview with inspectors is to insure they’ve got really good erosion control on there so you don’t load that whole structure up during construction because that could happen. It’s an underground. You’ve got an underground system. You really…load it up bad and you just wreck the thing and it never works, you follow me? Unmacht: Yep absolutely. They’ll be required to get an approved erosion and sediment control plan that needs to be approved by city staff before any grading can happen. We’ll make sure that they’re doing their due diligence when it comes to keeping erosion on site, especially around that inlet structure. McGonagill: Yeah, then you follow my point. Thank you very much. Chanhassen Planning Commission – October 20, 2020 11 Bender: There’s inspection points associated with this underground system that allow our inspectors to you know insure that there is no sediment in the chamber system when it’s activated and the site work has been kind of completed. McGonagill: Yeah I’m just not too familiar with these and so I’m sorry for the rudimentary questions. I’m just not too, I haven’t seen too much how they work and so this is helping me so I appreciate it. Mr. Chairman I think that takes care of me. Weick: Thank you Commissioner McGonagill. Other commissioners with questions for staff? Von Oven: Yeah Mr. Chairman this is Commissioner Von Oven. Weick: Good evening. Von Oven: During the presentation I heard mention and I didn’t quite understand it. I heard mention of the potential of striking a deal on something with the neighbor to the north. 7404 with respect to was it grading? Bender: I’ll take it first. The neighbor to the north was one of the comments that we received. We received it you know just within an hour, hour and a half before the meeting and responded to it but essentially the concern was related to a stream of water that comes down you know especially in larger rainfall events between the two properties and he’s wondering whether that would be addressed to avoid any further damage in this area or potentially make it go away completely. And the response to that was, you know the water pattern as it crosses 7406, you know and this is water that’s essentially just crossing the property also drains in part onto the bordering area of 7404. And if this resident wants you know this problem to go away completely it may require regrading to help with t hat and at that point you know the two properties would have to have some sort of agreement if they’re trying to, you know as part of this development improve something that’s not on the property. Does that answer your question? Von Oven: Yes and so it actually leads to my second question which is, you’ve got an existing stream of water. It’s kind of directing itself near or at that property line and now there’s going to be a hard surface put in a private road. Based on all of these finds is there any chance that this situation is going to get worst for 7404 in terms of the amount of water floating onto his property? And if so is there any recourse for that resident? Bender: I don’t believe so because there’s no grading going on essentially on that drainage pathway across Lot 1 which is the western most lot. And then as the water hits where the private street is going to be constructed on the western end some of that water is going to find it’s way onto the street and then be collected, you know directed to the south curb line and then be collected in the stormwater basin so there will be less water but you know how that water actually directs itself at the point of where that water path hits the border between the two properties. You know there can be some on each side of that and you know because that’s pretty Chanhassen Planning Commission – October 20, 2020 12 much what the comment says is where it’s headed and that’s what the grade lines show that it is. So some of that water is going to kind of go a little more to the south via the private street. Does that answer your question? Von Oven: It does thank you. No further questions from me. Weick: Thanks Commissioner Von Oven. Other questions? Hearing none at this time from the commissioners. Hearing no other comments from the commissioners I would invite the applicant to either come forward and make their presentation thank you, and welcome this evening. Luis Berrospid: Hi. Thank you everybody. I don’t…I want to thank Bob and George for the great presentation. I’ve been on the property for over 2 years and I have….and I moved to Chanhassen back in January, 2018 and I’ve been working with Bob for probably over a year and a half on this project. My family and me we do love the community here and the Chanhassen area and I’m hoping that we can you know approve this project and move forward with it. Like I said I think you guys did a good presentation on it and I’m here to answer any questions that you guys might have on any additional questions so. Weick: Thank you and thank you for coming this evening. Stay up there just in case there’s, yeah. I will open it up for commissioners. If there are any questions of the applicant at this time. Give everybody a second. Are there any conditions? Generous: Your neighbor to the north? Luis Berrospid: My neighbor to the north? Generous: Yes. Luis Berrospid: I did talk to the neighbor to the north. Basically him yesterday and I, maybe that’s where the question arise but I went to his home and we talked about the center manhole that I’m going to be putting into his property. He did ask me about you know pretty much the grading that is coming down, sometimes erosion control it’s not running off right now from the property. The problem is that the existing road that is right now the driveway, somewhat like George was saying some of it comes into my property and some already goes into the line but today everything goes into what I call the kind of like a, whether it’s an RC pipe that goes across the road but I think he has been having issues with that erosion control problem and he was asking if maybe we can fix it and that’s something that I would probably like to fix too with him. Something that if I end up developing the project on my own I would probably end up working with him on how to get that problem solved for him and myself too. So that’s one thing. And then I did mention that I will encroach into the property into the easement so I can hook up to a sanitary line. It seems to me that he was fine and he said yep go ahead but I will definitely work with him during construction if I end up developing the project. You know to work with him on Chanhassen Planning Commission – October 20, 2020 13 coordination and things like that. I will definitely try to minimize, I don’t think I will open cut that. I would probably have a trench box to minimize the tree removal in that area because there is small trees in that area but hey I would probably do it with a trench box. That’s probably one of the contingencies with the not es that they ask me on how I’m going to connect to it. But I think it’s just minimizing you know with a 6 to 8 foot trench box to get into a connection for the sanitary line that we have. Weick: Okay thank you. One more opportunity for commissioners to ask any questions of our applicant this evening. And hearing none thank you very much for coming forward and thank you for the project. Luis Berrospid: Yeah. Weick: With that I will open up the public hearing portion of tonight’s item. If you are watching the number 952-227-1100 is on your screen. You may call that number and enter your opinion for the record. Anyone here this evening who would like to come forward and speak their opinion on this item may do so at this time. And we also did receive and will add to the record any and all calls or emails, and/or emails that came in this afternoon and thank you Bob and George for summarizing those for us. Appreciate it. Seeing nobody come forward this evening and seeing no phone calls I will close the public hearing portion of tonight’s item and move to commissioner discussion. Any thoughts? Skistad: This is Commissioner Skistad and I would just say that it looks like a great project and I think that mitigation with the drainage, I mean it seems like maybe with what’s being suggested it might actually help Lotus Lake with the drainage anyway so I don’t really have any questions but I expect to approve this. Weick: Thank you Commissioner Skistad. Appreciate your input. I can offer a few comme nts. I read this one several times actually and really tried to collect my thoughts on it. You know it’s two parts as you’re aware. There’s the plat and there’s the variance and the variance is for the road that has to be put on the property. The thing s that concern me about this project are the soil replacement was, I think that was answered pretty well. It sounds like something that isn’t you know any kind of deal breaker for the applicant. The idea of the wetland conservation sort of raises, it raises concern for me and it all relates back to what I would classify as poor, a poorly treated preservation plan and those that know me know that I often comment on this kind of thing but it’s disappointing to me to see all of the trees taken out on the front side of the property. It’s just an uneven solution to the problem and the trees that are taken out, it was taken down all the way down to the minimum coverage or canopy coverage which doesn’t give us a whole lot of leeway if there’s changes that need to be made either to the road or to the turn around or if something comes up over the wetland itself and so you know those, it’s just there’s a feeling to me that this is, this is a case where sometimes I call it, it just doesn’t feel like a great property to develop. I’m not sure that there’s enough, it meets all the regulations as far as I can see so it’s difficult for me to say that I couldn’t vote for this but it is, it just doesn’t feel right to me and it Chanhassen Planning Commission – October 20, 2020 14 doesn’t, it really comes down to kind of that wetland question. The soil question and the fact that so many of those trees have to be taken out on the front half of that property. Those are just my thoughts on that. I’d certainly welcome feedback from commissioners or you know helping me manage through those thoughts. Or a motion. It’s quiet. It is a quiet group tonight and that is rare. Randall: I’ll make a motion. Weick: Commissioner Randall, please go ahead. Randall: The motion is for the Chan Planning Commission, I was reading it off the screen here. Recommends the City Council approve a 3 lot subdivision with a variance for the use of a flag lot and private street subject to the conditions of the staff report and adopts the Findings of Fact and Recommendation. Weick: I’m sorry, caught me daydreaming there for a second. We have a valid motion from Commissioner Randall. Do we have a second? McGonagill: I’ll second it Mr. Chair. Weick: I’ll give that second to Commissioner McGonagill. Any comment prior to a vote? Reeder: Mr. Chairman? Weick: Yeah. Reeder: I agree with your concern about the trees in this particular case but I think because the proposal meets most of our requirements. Weick: Understood. Reeder: That we need to move forward with it. That’s unfortunate. Weick: Yeah I, and I think the only thing I would say is there’s something to me about the private road and if that were a driveway it would be included in your lot coverage and it’s certainly bigger than a driveway and has more impact on the area than a driveway so you know that was kind of my concern. But thank you for your comments and with that I will take a roll call vote. Randall moved, McGonagill seconded that the Chanhassen Planning Commission recommends that City Council approve a three-lot subdivision with a variance for the use of a flag lot and private street subject to the following conditions and adopts the Findings of Fact and Recommendation: Chanhassen Planning Commission – October 20, 2020 15 Building 1. A building permit must be obtain prior to beginning work at the property. Engineering 1. All driveways shall have direct access only to the proposed private street. 2. Calculations supporting the 7-ton private street design shall be submitted by a professional engineer for review and approval prior to grading operations. 3. The applicant shall submit updated designs for the private street utilizing either a crowned street or a uniform and continuous cross-sloped street to adequately direct stormwater to the proposed stormwater conveyance system prior to grading operations. 4. The final plat shall be updated prior to recording to include public drainage and utility easements as follows: a 10’ wide D&U on the west property line of Lot 2 and 10’ wide D&Us centered over all newly proposed public utilities including stormwater, sanitary sewer, and water mains. 5. An updated existing condition survey shall be submitted prior to grading operations that includes all existing utilities within and surrounding the property. 6. An encroachment agreement for all existing structures within public drainage and ut ility easements shall be filed concurrently with the recording of the final plat. 7. Updated grading plans shall be submitted that illustrate drainage arrows and adequate grading to drain stormwater away from structures, specifically the proposed home on Lot 1, prior to grading operations. 8. Updated utility plans shall be submitted illustrating draintile locations for Lot 1. 9. Updated grading plans shall illustrate the location, width, and grades of the driveway to Lot 1. 10. The applicant shall conduct a soil boring near the proposed structure on Lot 1 to ensure groundwater elevations are a minimum of 3 feet below the lowest floor elevation. 11. An erosion and sediment control plan, a stand-alone document (separate sheet), in accordance with CCO Sec. 19-145 shall be included with updated plan submittals prior to grading operations. 12. All newly installed sanitary sewer, water, and stormwater mains and appurtenances shall be publicly owned and maintained by the city after acceptance of the public improvements by the City Council. 13. Construction plans shall be updated to show the 25’ D&U located on 7404 Frontier Trail, the means of how utility work in the D&U will not encroach onto private property, and a note prescribing restoration methods of the disturbed areas within the D&U. 14. All applicable permits required by Riley Purgatory Bluff Creek Watershed District shall be obtained and adhered to. CONSTRUCTION PLANS 1. On sheet 1.0, Title Sheet: show hydrant symbol at end of leader for benchmark call-outs; update contact information for City Engineer to “Jason Wedel”. Chanhassen Planning Commission – October 20, 2020 16 2. On sheet 2.0, Grading Plan: all references to “shared driveway” or “driveway”, as it pertains to the private street, shall be updated to read “private street”; show tree protection methodology on plans; show stockpile locations, including required topsoil; reference detail plate #5202A for street patching where Frontier Trail and private street meet; update the symbol for “proposed silt fence” as it closely resembles “existing retaining wall”, for clarity; on the private street profile section call-out 10% grade as maximum”. 3. On sheet 3.0, Utility Plan: provide profile views for all public utilities; call-out detail plate #2204 for insulated pipe section; relocate sanitary MH-2 within the private drive hard surface area; relocate curb box for Lot 2 to be and within the drainage and utility easement over the water main; update material type for public water main to be C900; call-out for “ex. curb stop damaged” shall add note to remove and abandon service and lateral; call-out for FES-1 should note that no guard shall be installed; all sanitary service sewer laterals shall be updated to be 6”; extents of removal of existing services shall be illustrated to go from where the new sanitary service and water service are being co nnected to Lot 2 down to the curb stop for Lot 1’s water service and the property line for Lot 1’s sewer service; use a darkened line type for proposed storm sewer within the Legend”; add a note regarding coordination with Public Works 48-hours prior to any work on public utilities; add a note that the governing specifications for utility work shall be the City Standard Specifications and Detail Plates. 4. On sheet 4.1, Construction Details; remove detail plate #3101 and replace with detail plate #3102; add a note to detail plate #3108 that no trash guard shall be installed on FES-1 (outlet). 5. On sheet 4.2, Construction Details; Add detail for tree protection, street patching detail plate #5202A, and pipe crossing insulation detail plate #2204. Fire 1. Private road will need to follow City of Chanhassen Code for Private Roads – including a turnaround for emergency vehicles. Parks 1. Full park fees in lieu of additional parkland dedication and/or trail construction shall be collected at the rate in force upon final plat submission and approval. Planning 1. The front lot line for Lot 1 shall be the northerly property line. 2. The front setback for Lot 1 shall be from the point at which the lot measures 100 feet. 3. An access and maintenance agreement for the private street shall be recorded with the plat. All voted in favor except for Chairman Weick who opposed. The motion carried with a vote of 6 to 1. Chanhassen Planning Commission – October 20, 2020 17 Weick: With that the item passes 6 approval, one opposed. The item will be moved forward. Generous: It’s going to City Council on November 9th. Weick: Thank you to the applicant for coming this evening. All of the public input as well as the staff report. Very thorough and very good as always. APPROVAL OF MINUTES: Commissioner Noyes noted the verbatim and summary Minutes of the Planning Commission meeting dated October 6, 2020. ADMINISTRATIVE PRESENTATIONS. Weick: And I will turn it back over for city presentation. I think we do have a couple presentations this evening. Aanenson: First I’m going to give you an update and then we’ll go into adjournment. McGonagill: Can’t hear. Aanenson: First we’re going to do the City Council update and also then just some Planning Commission business. So at the City Council update, there was a discussion for TIF for the last building at the Powers Ridge Apartment buildings because in order to get the density bonus they needed to do some affordable so there was tacit approval on that so that project will go back. They need to do a PUD amendment because. McGonagill: Kate can you speak into the microphone. Aanenson: Yes I apologize. McGonagill: There you go, thank you. Aanenson: So they need to do a PUD amendment and a site plan approval so we’ll be seeing that project probably after the first of the year. Secondly the council did approve the two code amendments. One is for the, excuse me for one and that was for the certain constructions in outlots. As you recall we did do a variance for somebody that wanted to do a shed. That’s typically associated with a beachlot but this was concerned an outlot. They did have a lot of discussion on this, the zoning permits. I think that was a split vote and so they wanted to remand that back to the Planning Commission but we’re going to do a little bit more work on that before you see that again. And then finally they approved the development contract for the, the development contract was approved for the Bluffs at Lake Lucy. It was being held up at the County for recording. They were backlogged and so they wanted to proceed with the grading to keep things moving so they went forward and broke off the grading development contract from the rest of the development contract. So that grading contract was approved except on the north Chanhassen Planning Commission – October 20, 2020 18 end where the hours were limited to no Saturdays. The developer’s probably coming back to the next City Council meeting to talk about that. Meanwhile we also just, we did receive the 3rd Addition for Lennar so that will just be going to City Council. So anyway that project’s underway. That projects been…The Bluffs, the northern part, The Bluffs at Lake Lucy which is Gonyea Homes so they are grading right now so they do have permission for that. As it turns out they’ll probably get the entire development contract maybe in, to get recorded yet this week so they’re trying to as they say make hay when the sun shines so we’ll see how the weather cooperates there. So I also just wanted to remind the rest of the Planning Commission that we do not have a meeting in 2 weeks because that is election day so hopefully everybody’s voting but we do have a meeting on the 17th of November and we do have a subdivision. As it turns out it’s Deerwood so that’s actually Mr. Ashfeld who spoke, the other project that he spoke on coming off Yosemite. I think I talked about this before and Mr. Randall may recuse himself but it’s up in that area off Yosemite coming in off of a private drive so you’ll see another example of a private drive in the application of that so I just wanted to let you know kind of our schedule. We do have a couple things that are floating out there. We were expecting an amendment to the PUD down at 101 and Lyman. That building. Sharmeen did a very good job on the architecture on that and I think they want to kind of go back, we had some suggestions on that and I think they want to rethink it before you see that so we have a couple things that are floating out there. I’m not sure they’ll all land before, we just have one meeting in December so after this there’s just a couple more meetings and then we’re into the new year. So with that Chairman you could adjourn. McGonagill: Mr. Chair just for Kate your information. I will be out of town on the 17th. November 17th. Aanenson: Okay thank you. So just an FYI everybody else then if Commissioner Randall chooses to then we’re down to 5 so if somebody can’t make it they’d give us a heads up on that, that would be great. So with that Chairman you can adjourn the meeting and then we’ll just go into open discussion which we won’t be broadcast live. It’s just kind of really for education for the Planning Commission. Weick: Okay, I would entertain a motion to adjourn. Von Oven moved to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Planning Commission meeting was adjourned at 8:10 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim