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PC Staff Report 6-21-22Planning Commission Item June 21, 2022 Item 915 Pleasant View Road Replat File No.Planning Case No. 2022-08 Item No: B.2 Agenda Section PUBLIC HEARINGS Prepared By Bob Generous, Senior Planner Applicant John Goodman 915 Pleasant View Road Chanhassen, MN 55317 Present Zoning Single Family Residential District (RSF) Land Use Residential Low Density Acerage 1.38 Density 0.725 units per net acre Applicable Regulations Chapter 18, Subdivisions Chapter 20, Article XII, “RSF” Single-Family Residential District SUGGESTED ACTION "The Chanhassen Planning Commission recommends that City Council approve the replat for Goodman Homestead, subject to the conditions of approval, and adopts the Findings of Fact and Recommendation." SUMMARY The applicant is replatting the property to create one building site including the existing lot and the adjacent outlot for Goodman Homestead. BACKGROUND 11 Edwards Vogel Addition was approved on March 9, 1992 and Vinewood Addition was approved on June 14, 1993. DISCUSSION Normally, lot consolidations would be handled administratively b ut to eliminate the outlot, the property must be replatted to create one lot. No additional residential building sites are being proposed as part of the development. RECOMMENDATION Staff recommends that the Planning Commission approve the replat of Lot 1, Block 1, Edwards Vogel Addition and Outlot A, Vinewood Addition subject to the conditions of the staff report, and adopt the Findings of Fact and Recommendation. ATTACHMENTS Staff Report Findings of Fact and Recommendation Development Review Application Plat Map Existing Conditions Survey Affidavit of Mailing 12 CITY OF CHANHASSEN PC DATE: June 21, 2021 CC DATE: July 11, 2021 REVIEW DEADLINE: July 19, 2022 CASE #: 2022-08 BY: RG, EH, ET SUMMARY OF REQUEST Consider a request to replat property to expand building site. Additionally, the applicant is requesting the vacation of the drainage and utility easement along the eastern property line of Lot 1. LOCATION: 915 Pleasant View Road Lot 1, Block 1, Edwards Vogel Addition and Outlot A, Vinewood Addition APPLICANT: John Goodman 915 Pleasant View Road Chanhassen, MN 55317 PRESENT ZONING: Single-Family Residential District (RSF) 2020 LAND USE PLAN: Residential Low Density ACREAGE: 1.38 acres DENSITY: 0.725 units per acre LEVEL OF CITY DISCRETION IN DECISION-MAKING: PROPOSED MOTION: “The Chanhassen Planning Commission recommends approval of the replat for Goodman Homestead, subject to the conditions of approval, and adopts the Findings of Fact and Recommendation.” 13 915 Pleasant View Road Replat June 21, 2022 Page 2 The City’s discretion in approving or denying a Preliminary Plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAL/SUMMARY The applicant is replatting the property to create one building site including the existing lot and the adjacent outlot for Goodman Homestead. Building permits may not be issued over outlots. No new building lots are being created with the plat. APPLICABLE REGULATIONS Chapter 18, Subdivisions Chapter 20, Article XII, “RSF” Single-Family Residential District BACKGROUND Edwards Vogel Addition was approved on March 9, 1992 (Subdivision #92-2) Vinewood Addition was approved on June 14, 1993 (Subdivision #92-13) EXISTING CONDITIONS The site contains an existing single-family home and a pool. The applicant would like to construct an accessory building within 10 feet of the eastern lot line of the current Outlot, which is 16 feet wide. SITE CONSTRAINTS Bluff Creek Corridor This property is not located within the Bluff Creek Overlay District. Wetland Protection There are no wetlands located on the site. Bluff Protection There are no bluffs on the property. Shoreland Management 14 915 Pleasant View Road Replat June 21, 2022 Page 3 The property is located within a shoreland protection district of Christmas Lake. Floodplain Overlay This property is not within a federally designated floodplain. DISCUSSION Normally, lot consolidations would be handled administratively. However, Sec 20-970 Outlots of the Chanhassen City Code states: Outlots are intended to be preserved either as open space, used for a designated use, or reserved for future development through replatting. To this end, no building permit, zoning permit, or sign permit maybe issued to allow the construction of a structure on an outlot. SUBDIVISION REVIEW The applicant is requesting subdivision approval to create one lot. DRAINAGE AND UTILITY EASEMENTS The applicant is proposing the combination of Outlot A of the Vinewood Addition plat with Lot 1, Block 1, of the Edwards Vogel Addition plat. As such, the existing 6-foot public drainage and utility easement (DUE) located on the eastern property line of Lot 1, Block 1 will be vacated and a 6-foot DUE will be required to be platted on the newly established eastern property line, as depicted on the proposed Goodman Homestead final plat. All other DUEs depicted on the proposed Goodman Homestead plat illustrate typical public DUEs for the surrounding area and are acceptable. STREETS The proposed subdivision abuts Pleasant View Road to the north. No changes to the existing access are being proposed. The proposed final plat illustrates proper right-of-way widths associated with Pleasant View Road and no additional right-of-way will be required. SANITARY SEWER AND WATER MAIN 15 915 Pleasant View Road Replat June 21, 2022 Page 4 The proposed subdivision is currently serviced by public sanitary sewer and water facilities within Pleasant View Road right-of-way. No changes to the existing municipal services are being proposed. STORMWATER UTILITY CONNECTION CHARGES City Ordinance sets out the fees associated with surface water management. A water quality and water quantity fee are collected with a subdivision for all developable areas. 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. Neither Lot 1, Block 1 of the Edwards Vogel Addition (or its predecessors) or Outlot A of the Vinewood Addition paid surface water management fees. At the time of these subdivisions, the City had not yet adopted fees associated with water quality and quantity. As such, the proposed subdivision would be assessed at the rate in effect at that time; the 2022 rate for low-density residential is $8,830.00 per acre of developable land. With the additional acreage from Outlot A combined with Lot 1, Block 1, the total developable acreage for the proposed Goodman Homestead plat would be 1.38 acres, which is a calculated fee of $12,185.40. However, as the proposed Goodman Homestead subdivision is not creating additional lots, nor substantially intensifying hard cover or impervious area, staff finds it reasonable and prudent to defer development fees associated with surface water management until the Goodman Homestead plat further subdivides (i.e. more lots are created intensifying surface water degradation). Fees would be required to be paid at the time of future subdivision at the rate in effect at that time. Fees Based on the proposal, the following fees would be collected with the Development Contract: a) Surface Water Management fee @ $8,830.00/acre of developable land: Deferred until further subdivision of the Goodman Homestead plat at the rate in effect at that time. b) GIS fees @ $100 for the plat plus $30 per parcel: $130.00 COMPLIANCE TABLE Area (sq. ft.) Width (ft.) Depth (ft.) Hard Cover % / sq. ft. Notes Code 15,000 90 125 25 / 3,750 Lot 1 60,113 185 327 25 / 16,528 Total 60,113 1.38 acres Setbacks and Hardcover: 30-foot front and rear, 10-foot sides, 25 percent hardcover RECOMMENDATION 16 915 Pleasant View Road Replat June 21, 2022 Page 5 Staff recommends that the Planning Commission approve the replat of Lot 1, Block 1, Edwards Vogel Addition and Outlot A, Vinewood Addition subject to the following conditions, and adopt the Findings of Fact and Recommendation: Building 1. If any construction is to occur on site, a building permit must be obtained prior to construction. Engineering 1. The eastern 6-foot drainage and utility easement of Lot 1, Block 1, Edward Vogel Addition, shall be vacated and recorded concurrently with the recording of the final plat. 2. The applicant shall pay all applicable fees prior to recording of the final plat. 3. Upon further subdivision of the Goodman Homestead plat, all applicable Surface Water Management development fees shall be paid at the rate in effect at the time. ATTACHMENTS 1. Findings of Fact and Recommendation 2. Development Review Application 3. Goodman Homestead Plat 4. Edwards Vogel and Vinewood Plats 5. Public Hearing Notice and Mailing List g:\plan\2022 planning cases\22-08 915 pleasant view rd\staff report goodman homestead.docx 17 1 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION IN RE: Application of John Goodman for Subdivision approval to one lot from a lot and outlot. On June 21, 2022, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of John Goodman for subdivision approval to one lot. The Planning Commission conducted a public hearing on the proposed subdivision 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: Lot 1, Block 1, Edwards Vogel Addition and Outlot A, Vinewood Addition 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: a. The proposed subdivision is consistent with the zoning ordinance including the Single- Family Residential district regulations; b. The proposed subdivision is consistent with all applicable City, County and regional plans including but not limited to the City's Comprehensive Plan and implements the following policies and goals: is consistent with the land use goal for low density development, preserves site features, provides adequate infrastructure for the development; 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 the subdivision ordinance, Chapter 18, and Water, Sewers and Sewage Disposal, Chapter 19; e. The proposed subdivision will not cause environmental damage and reduces the potential amount of surface water runoff by reducing excess paving; 18 2 f. The proposed subdivision will not conflict with easements of record but will provide all required and necessary easements; and 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.The planning report #2022-08 dated June 21, 2022, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Preliminary Plat subject to the conditions of the staff report. ADOPTED by the Chanhassen Planning Commission this 21st day of June, 2022. CHANHASSEN PLANNING COMMISSION BY: Mark von Oven, Chairman 19 pc l-z>s;-o? CITY OT CIIAI{IIASSII'I 6GDay aevewoae:?ltql:-a.-' APPLICATION FOR DEVELOPMENT REVIEW I Subrnittal ;]()PC )l Oa"' ?u Section 1: Application Type (check all that apply) (Refv to the apptuliate Apdication Checldid tor rcquiod subriftal inlomaliol that mul acnmpany tlis apf,ication) ! Comprehensive Plan Amendment.... $600 E subdivision (SUB) E Minor MUSA line for tuiling on-site sewers.....$100 E Create 3lots or less ........-..$300 f] Conditional Use Permit (CUP) E Single-Family Residence ..............n Al otrers........ E Residential Disticts............................. Plus $5 per dwelling unit ( units) .........$600 + $'15 per lot lots) .$300 n Lot Line Adjustment...........................$1s0 ........$700E Final Plat.. (lncludes $450 escrow for attorney cosb)' 'Addfional escrcw may be required fur other applilations throwh the devebFnert contrad. n Vacation of Easements/Right-of-way (VAC)........ $300 (Additional recording fees may apply) n Variance (VAR)........... $200 n Wedand Alteration Permit (WAP) E Single-Family Residence..$150 $275E rut omers............ n Zoning fupeal $100 I Zoning Ordinance Amendmenl (ZOA).......... $s00 NqIE: Urhen multiple applications are process€d coocurrenty, the appmp.iale ,ee shall be chargcd for each appficatioo. $200 . $3 per address L_ addresses) ...........$50 per document E Create over 3 |ots............. ( E Metes & Bounds (2 lots)... E Consolidate Lob............... .................. $325 .................. $42s .............. $425 $'r 50 ......... $s00 ............'.....'............$1 s0 E lnterim Use Permit (lUP) E ln conjunction with Single-Family Residence..$325n Al otrers........ fl Rezoning (REZ) E Ptanneo Unit Development (PUD) . E Minor Amendment to existing PUD $750 $100 $500E atl otners. E Sign Plan Review.............................. E Site Plan Review (SPR) E Administative $100 $s00n Commercial/lndusfial DisficE* Plus $10 per 1 ,000 square feet of building area: thousand square feet) 'lndude number of gli!!49 employees:*lndude number ofAgE employees: E Notification Sign (city to irEtall and remove) I Property Owners' List within 500' (city to generate afrer pre-application meeting) ........ n Escrow for Recording Documents (check all that apply)-........... ! Conditional Use Permit n lnterim Use Permit E Vacation E Variance E Metes & Bounds Subdivision (3 docs.) fl Easements l- easements) n Site Plan Agreement U Wetland Alteration Permitfl Deedsi6ral reer $1,200.00 Section 2: Required lnformation Property Address or Location:915 Pleasant View Road, Chanhassen, MN 55317 p"r""1 g. 25280fi)10 and 258730030 Legal Description . Lot 1, Block t, Edwards Vogel Addition, and Outlot A, Vinewood Add Total Acreage: Present Zoning 1 .38 Wetands Present?E Yes Zruo . Single-Family Residential Dishict (RSF)Requested Zoning Single-Family Residential District (RSF) Present Land Use Designation Residential Low Density Requested Land Use Design aton. Residential Low Density Eristing Use of Property Single family home COMIUUNITY DEVELOPMENT DEPARTIU ENT Planning Division - 7700 Market Boulevard Mailing Address - P.O. Box 147, Chanhassen, MN 55317 Phone: (9521227-1 '100 / Fax: (952) 227-1110 Description of Proposal: Replatting Property ECheck box if separate narralive is attacted. 20 Section 3: Property Owner and Applicant lnformation APPLICANT OTHER THAN PROPERTY OU,NER: ln signing lhis application, l, as applicant, represent to have obtained authorizalion tom 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. lf 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. lwill keep myself informed of the deadlines for submission of material andthe 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 tue and corect. Name Address Contact Phone: Cell: Fax: Cell Fax Cell: Fax: PROPERW OylrNER: ln signing this application, I, as property owner, have full legal capacity to, and hereby do, authorize the filing of this applicalion. I understand tiat condilions 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 m),self 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 exhlbits submitted are true and conect. Name John Goodman Contact: Phone:Address:9'15 Pleasant View Road City/S1ate/Zip: Email: Chanhassen/MN/55317 man99@gmail.com Signature PROJECT ENGINEER (if applicable) Name:Gontact: Phone: 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 Checldist and confer with lhe Planning Department to determine the specifc ordinance and applicable procedural requirements and fees. A determination of completeness of lhe application shall be made within 15 business days of application submital. A written notice of application defciencies shall be mailed to lhe applicant within 15 business days of application. This application lAllto should r€ceive copies of staff reports? @ Property Owner Via: E Email 'Other Contact lnformation: Namefl npptcant trtr Ma: Va: trtr Email Email I Mailed Paper copy ! Mailed Paper Copy ! Mailed Paper Copy E Mailed Paper Copy Engineer Other'Ma: ! Email INSTRUCTIONS TO APPLICANT: Complete all necessary form felds, then select SAVE FORM to save a copy to your device. PRINT FORM and deliver to city along with required doclrmenb and payment. SUBMIT FoRlll to send a digital copy to the city for processing. SAVE FORII PRINT FORfl SUB['IT FORTI City/Slate/Zip: Email: Signature: Address: City/Statezip: Email: Date: Date: 5120122 Section 4: Notification lnformation Ad&ess: _ City/Statezip: _ Email: 21 The property owners list of 31 names was paid for with the associated Vacation of Easement Application. Attachment to Subdivision Application 22 23 Pleasant View Road#LICENSE NO.DATES1NOVEMBER 16, 2021Minnetonka, Minnesota 55345Phone (952) 474-796417917 Highway 7Web: www.advsur.comAdvanceSurveying & Engineering, Co.CLIENT NAME / JOB ADDRESSSHEET TITLEEXISTING CONDITIONSSURVEYSHEET NO.SHEET 1 OF 1DRAWING ORIENTATION & SCALE40200212259 TBREV 5 - 18 - 22DRAWING NUMBERDATE DRAFTED:DATE SURVEYED:NOVEMBER 15, 2021NOVEMBER 16, 2021# 42379Thomas M. BloomSHEET SIZE22 X 34SCALE - 1" = 20'LEGENDLEGAL DESCRIPTION:Lot 1, Block 1, EDWARDS VOGEL ADDITION, Carver County, Minnesota,ANDOutlot A, VINEWOOD ADDITION, Carver County, Minnesota.SCOPE OF WORK & LIMITATIONS:1.Showing the length and direction of boundary lines of the legal description listed above. The scope of ourservices does not include determining what you own, which is a legal matter. Please check the legaldescription with your records or consult with competent legal counsel, if necessary, to make sure that it iscorrect and that any matters of record, such as easements, that you wish to be included on the survey have beenshown.2.Showing the location of observed existing improvements we deem necessary for the survey.3.Setting survey markers or verifying existing survey markers to establish the corners of the property.4.This survey has been completed without the benefit of a current title commitment. There may be existingeasements or other encumbrances that would be revealed by a current title commitment. Therefore, this surveydoes not purport to show any easements or encumbrances other than the ones shown hereon.5.Note that all building dimensions and building tie dimensions to the property lines, are taken from the sidingand or stucco of the building.6.Showing and tabulating impervious surface coverage of the lot for your review and for the review of suchgovernmental agencies that may have jurisdiction over these requirements to verify they are correctly shownbefore proceeding with construction.7.Showing elevations on the site at selected locations to give some indication of the topography of the site. Wehave also provided a benchmark for your use in determining elevations for construction on this site. Theelevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at leastone other feature shown on the survey when determining other elevations for use on this site or beforebeginning construction.8.All landscaping on site appeared to have mesh underlayment.9.The zoning designation for the site is RSF District and the building setback lines are shown, per city direction.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.M. A. PETERSON DESIGNBUILD915 PLEASANT VIEW ROADCHANHASSEN, MNEXISTING HARDCOVERHouse 4,450 Sq. Ft.Conc. Drive 4,978 Sq. Ft.Conc. Pool Deck 2,561 Sq. Ft.Pavers 356 Sq. Ft.Stone Areas 263 Sq. Ft.Wall 33 Sq. Ft.Concrete 21 Sq. Ft.TOTAL EXISTING HARDCOVER 12,662 Sq. Ft.AREA OF LOT 60,272 Sq. Ft.PERCENTAGE OF HARDCOVER TO LOT 21.0%LEGAL DESCRIPTION OF EASEMENT TO BE VACATED:The East 6.00 feet of Lot 1, Block 1, EDWARDS VOGEL ADDITION, Carver County, Minnesota,PER OUR CLIENT, THE RETAINING WALLS ARE NOTTO BE COUNTED IN HARDCOVER CALCULATIONS.Ret. Walls 238 Sq. Ft.24 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 Jtn,e 9,2022, the duly qualified and acting City Clerk ofthe City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice ofConsider a request to replat property located at 915 Pleasant View Road, Planning Case No.2022-08. Zoned Singte-Famity Residential (RSF). Property Owner: John Goodman 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. Kim T Ciry C JEAII M SIECKLIN G NoE Y nnl.c.fffrt€GotB L, O..rlct Bdta lt J, A' Subscribe thist6 dands m to before me day of 2022. -.'4 Notary 25 Subject Parcel Obclaimer This map is neither a legally recorded map nor a survey and is not intended to be used asone. mis map is a compilation of recods, Inlormation and dala located in various city, county, state and federalom@s and other sour@s regarding the area shown, and is to be used tor reference puQoses only. The Cily does not $arant that the Geographic lnformation System (GlS) Data used to prepare this map are e.ror free, and the City do€s not epresent that the GIS Data can be used for navigational, tracking or any other purpose requidng exacting measuremeni of distance or direction or preclsion in the depaction of geographic featu@s. The preceding disdaimer is p.ovided pursuant to Minnesota Statutes 5466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims and agrees to defend, indemnify, and hold hamless the City from any and elldaims brought by User, its employees or agents, or third partjes which arise out of the use/s acaess or use of data provided. ITAX_NAMET <TAX_ADD_LIr <TAX ADD L2r (Next RecordxTAX_NAME)t (TAX_ADD_L1E (TAX_ADO_L2D Oisclaimer This map is neither a legally recorded map nor e survey and is not intended to be used as one, This map is a compilatlon ot recofds, infomation and data localed in various city, county, state and federal offices and other sources regarding the area shown, and is to be used ior reference puryoses only The City does nol wanant thal the Geographic lnformation System (GlS) Data used to preparc this map are enor free, and the City does not represenl that the GIS Data can be used for navigatlonal, tracking or any othe. purpose requidng exacting measurement of distance or diaection or precision in the depiction of geographic features. The preceding disdaimer is provaded pursuant to Minnesota Statutes Si466.03, Subd. 2'l (2000), and the user of this map acknowedges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemniry, and hold hamless the City ftom any and all claims brought by user, its employees or agents, or third parties which arise out of the use/s a@ess or us€ of data Provided. 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