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1j. Amend LUP Plan Case 04-17CITYOF CHANHASSE 7700 Markd Boulevard PO Box 147 Chanhassen MN 55317 Administration Phone: 952.2271100 Fax: 952 2271110 Phone: 9522271180 Fax: 9522271190 Engineering Pr, one: 9522271160 Fax: 952 227.1170 Finance PV~ne: 9522271140 Fax 9522271110 Park & Recrealion Phone: 9522271120 Fax 9522271110 Recreation Center 2310 Coulter Boulevard Phone: 9522271400 Fax: 952.2271404 Planning & Natural Resources Phone: 952227.1130 Fax: 952227 1110 Public Works 1591 Park Road Phone 952 2271300 Fax: 952 2271310 Senior Center Phone: 952 2271125 Fax 9522271110 Web Sile www ci chanhasser~ mn us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Sharmeen Al-Jaff, Senior Planner DATE: SUB J: May 24, 2004 b~~' Land Use Plan Amendment to re-guide property from Public/Semi- Public and Residential-Medium Density (Net Density Range 4-8 units/acre) to Residential-Low Density (Net Density Range 1.2-4 units/acre) located south of Minnewashta Regional Park between Highway 41 and Lake Minnewashta (Ches Mar Area) Planning Case No. 04-17 EXECUTIVE SUMMARY This proposed land use plan amendment resolves an inconsistency between the potential future use of the property and the existing guide plan. ACTION REQUIRED City Council approval requires a simple majority of City Council present. PLANNING COMMISSION SUMMARY The Planning Commission held a public hearing on May 4, 2004, to review the proposed amendment. The Planning Commission voted 4 to 0 to approve the proposed amendment. The summary and verbatim minutes are item la in this packet. RECOMMENDATION Staff and the Planning Commission recommend adoption of the motion reguiding property shown in the attached Exhibit A fi'om Residential Medium Density and Public/Semi Public to Residential -Low Density (Net Density 1.2-4 units per acre) as specified in the staff report dated May 6, 2004. ATTACHMENTS Planning Commission Staff Report Dated May 6, 2004. g:\plan\2004 planning cascs\04-17 -ches mar land use plan amendment\executive summary.doc The City of Chanhassen "A growing community wilh clean lakes qua!try %hu,,, char~ri~ g 'iaw¢:),,: ~, i,, ,-, b[sir ~' x,: :,~r~ :, CITYOF CHANHASSEN 7700 Market Boulevard PO Box 147 Chaehassen MN 55317 Administration Phone 952 227 1100 Fax 9522271110 Building Inspections Phone 952 227 1180 Cax: 9522271190 Engineering Phone: 952 227 1160 Fax: 952 2271170 Finance Phone: 952 2271140 Fax: 9522271110 Park & Recreation Phone: 9522271120 Fax: 952 2271110 Rscreation Center 23!0 Coulter Boulevard ?hone: 9522271400 Fax: 952 2271404 Planning a Natural Resources Phone 952.2271130 F~,x 9,~ 2~7 1110 Public Works 1591 Park Road Phone 9522271300 Fax: 952227 1310 Senior Center Phone 952227 1125 Fax 9522271110 Web Site www ci shar~hassen mn us MEMORANDUM TO: Planning Commission FROM: Sharmeen A1-Jaff, Senior Planner DATE: May 4, 2004 SUB J: Land Use Plan Amendment to re-guide property from Public/Semi- Public and Residential-Medium Density (Net Density Range 4-8 units/acre) to Residential-Low Density (Net Density Range 1.2-4 units/acre) located south of Minnewashta Regional Park between Highway 41 and Lake Minnewashta (Ches Mar Area) Planning Case No. 04-17 Staff discovered inconsistencies between the "City of Chanhassen 2020 Land Use Plan" and the existing and potential uses on the subject property. Staff is proposing to process a land use plan amendment to re-guide the property from Public/Semi-Public and Residential-Medium Density (Net Density Range 4-8 units/acre) to Residential-Low Density (Net Density Range 1.2-4 units/acre). This land use plan amendment will make the existing and/or potential uses consistent with the land use plan. BACKGROUND On July 8, 1991, the City Council approved Comprehensive Plan Amendment #91-1 changing the Land Use Designation of the property shown in vertical lines from Residential Medium Density to Residential Low Density (see page 2 of attached letter dated August 19, 1991). The land is occupied by single-family homes. The site density is 0.9 units per acre. Staff is unsure why this change was never reflected on any land use map. The second area, guided Public/Semi Public, is actually private property occupied by a single-family home. Staff suspects that when Camp Tanadoona was guided Public/Semi Public, the land use designation was inadvertently extended to the east to include the private property occupied by the single-family home. The City ol Chanhassen · A growing community with clean lakes quality schools a charr'm~q ,',i',)',,,'~'r~',o','~,' ~ th~k, in(l bkJsi, eSS~iS w'i~din8, ail and bea ]tdul pan ,~ ,~ qreat place t,c) liv~ work ar (~ p ay' Planning Commission May 4, 2004 Page 2 RECOMMENDATION Staff is recommending the Planning Commission adopt the following motion: "The Planning Commission recommends approval of reguiding all the highlighted property shown in the attached Exhibit A from Residential Medium Density and Public/Semi Public to Residential -Low Density (Net Density 1.2-4 units per acre)." ATTACHMENTS 1. Exhibit A. 2. Letter from Jo Ann Olsen to Craig Swaggert dated August 19, 1991. 3. Letter to affected property owners dated April 15, 2004 4. Public Hearing Notice and Affidavit of Mailing. g:\plan\2004 planning cases\04-17 - ches mar land use plan amendment~report.doc EXHIBIT A Lake Minnewashte l SUBJECT PROPERTY August 19, 1991 CITY OF 690 COULTER DRIVE · P.O. BOX 147 · CHANHASSEN, MINNESOTA 55317 (612) 937-1900 · FAX (612) 937-5739 Craig Swaggert 2800 Stone Arch Road Wayzata, MN 55391 Dear Mr. Swaggert: This letter is to confirm that on July 8, 1991, the City Council approved the following: PUD Amendment #gl-1 shown on plans dated May 28, 1991, with a variance to the lot width requirement for Lot 1, Block 1 and the following conditions: The PUD agreement will be drafted and recorded against the property. The PUD agreement will contain all conditions of approval for the PUD. A revised preliminary plat must be submitted redesignating Lot 2, Block 1 as Outlot B. The residence on Lot 4, Block 1, shall either be a duplex or single family unit. The 6 apartment units must be vacated prior to final plat approval. The applicant shall receive an access permit from MnDOT for the proposed acCess serVicing Lots 1 and 3, Block 1 and Outlot A and B. A driveway easement shall be provided across Lot:'~'(Outlot B), Lot 1 and Outlot A and recorded'againstsuch properties. The driveway must be constrUcted so as to ~accommodate emergency vehicles and must be maintained in good passable condition. e The applicant shall be re¢ to install a culvert sized by a professional engineer, and approved by City Engineers prior to construction, to accommodate anticipated flows through the existing ditch on Lot 1, Block 1. PRINTED ON RECYCLED PAPER Mr. Craig Swaggert August 19, 1991 Page 2 No more than 4 dwelling units will be permitted as part of the PUD; one on Lot 1, one on Lot 3 and one on Lot 4 unless the existing building is converted to a duplex. Demolition permits are required for all demolition; demolition of all the buildings to be razed shall be completed within 6 months of final plat approval. 10. A revised preliminary plat shall be submitted showing all existing and proposed on-site sewage treatment sites and proposed house pads and elevations. If a new residence is constructed on Lot 4, Block 1, it must meet all required setbacks. All other existing buildings on Lot 4 must be razed. 11. The applicant shall meet any and all conditions of Conditional Use Permit #91-4 and Wetland Alteration Permit #91-1. 12. A tree preservation plan shall be submitted by the applicant for city approval for Lot 1, Block 1. 13. A revised preliminary plat shall be submitted by the applicant and shall reflect revised southerly lot line of Lot 3, the trail easement across Lot 1, Block 1, in accordance with Park and Recreation COmmission recommendations, and elimination of the driveway onto Outlot A. A barrier shall be erected over the driveway at the lot line between Lot 1 and Outlot A to keep vehicles from driving or parking on Outlot A. c°mprehensiv~'-'~I~ .... ~ndment #91-1 changing the Land Use Designation from Residential Medium DenSity to Residential LoW ~ Density subject to the conditions of PUD Amendment, Conditional Use Permit and Wetland Alteration Permit. ~~ ......... Conditional Use Permit #91-4 for a recreational beachlot on Outlot A as shown on plans dated May 28, 1991, with the following conditions: The recreational beachlot will be permitted only one dock with overnight storage of up to 3 watercraft. 2. Launching of boats from the recreational beachlot is prohibited. The conditional use permit for ~he recreational beachlot is only for the proposed dock improvements. Any additional improvements to the recreational beachlot shall require another conditional use permit and wetland alteration permit. Mr. Craig Swaggert August 19, 1991 Page 3 The applicant shall meet any and all conditions of the PUD amendment #91-1 and Wetland Alteration Permit #91-1. Wetland Alteration Permit #91-1 for construction of a permanent boardwalk through a Class A wetland as shown on plans dated May 28, 1991, with the following conditions: There shall be no filling or dredging/grading permitted with in the wetlands. The applicant shall receive a permit from the Department of Natural Resources for the permanent boardwalk. The proposed trail shall be constructed at least 10 feet away from the wetland located in the southwest corner on Outlot A. The wetland shall be permitted to return to its natural state after installation of the boardwalk. No other alteration to the wetlands are permitted without receiving another wetland alteration permit. Further, all approved alterations shall be undertaken at a time and in a manner so as to minimize disruption to the wetland. The applicant shall meet any and all conditions of the PUD Amendment #91-1 and Conditional Use Permit #91-4. Ten copies of the final plat may now be submitted to our office for approval by the City Council. Should you have any questions, please feel free to contact me. Sincerely, Jo Ann Olsen Senior Planner JO:v CITYOF CHANHASSEN 7700 Marke~ Bouic, var,d PO Box 14i' O~ani~asser, I,~IN 55317 Administration Phone: 9522271100 Fax: 952 227 1110 Building Inspections Phone: 952 2271180 Fax: 952227 1190 Engineering Phone: 952 2271160 Fax 952'227 1170 Finance Phc lc: 952 227! 140 Fax: 952 2271110 Park & Recreation ?'one: 9522271120 Fax: 9522271110 Recreation CerXer 23!0 Coulter Boulevard Pl~ooe 9522271400 Fax 952 227 1404 Planning & Natural Resources Phone: 952227 1130 Fax: 952227 1110 Public Works 1591 Park Boad Phone: 9522271300 Fax: 952 227 1310 Senior Center R;or e: 952227 1125 Fax: 952 2271110 Web Site 'vW,,"~ C, 3i/an~lasse n rrx ApfillS, 2004 <<NAME>> <<NAME1 >> <<ADD 1 >> <<ADD2>> <<CITY_I >>, <<STATE_I >> <<ZIP_ 1 >>- <<ZIP4 >> Re: Land Use Plan Amendment 2004-01 Dear <<NAME>> <<NAME This letter is to notify you that the City has discovered inconsistencies between the "City of Chanhassen 2020 Land Use Plan" and the existing and potential uses on your property. The City intends to process a land use plan amendment to re- guide the property from Public/Semi-Public and Residential-Medium Density (Net Density Range 4-8 units/acre) to Residential-Low Density (Net Density Range 1.2-4 units/acre). This land use plan amendment will be taken through the public hearing process to make the existing uses consistent with the land use plan. A public hearing will be held on May 4, 2004 at 7:00 p.m. before the Planning Commission to review this item. If you have any questions, please feel free to contact me at 952-227-1134 or email me at saljaff@ci.chanhassen.mn.us. Sincerely, Sharmeen A1-Jaff Senior Planner g:\plan\land use plan amendments\ches mar area\letter to affected property owners.doc The City of Chanhassen · A growing community ,~dh clean Jakes, qL~ali¥ sclx)ois a chanT~inq do,,6, nLovxk :I~rivirg businesses wiqcmlg [raiis and bea~]ti~ui !}arks /~ ',jr,~}al ;::,iase to i,~'e ~grk and play MICHAEL DEAN ANDERSON 7140 HAZELTINE BLVD EXCELSIOR MN 55331-8056 GERALDINE EIKAAS 2763 CHES MAR FARM RD EXCELSIOR MN 55331-8041 BARRY G & JENNIFER J FRIENDS 2735 CHES MAR FARM RD EXCELSIOR MN 55331-8041 LEONARD V & MARY ELLEN KUHI 2703 CHES MAR FARM RD EXCELSIOR MN 55331-8041 GREGORY L & NANCY L SCHMIDT 2700 CHES MAR FARM RD EXCELSIOR MN 55331-8041 JAMES G WAYNE JR 7200 HAZELTINE BLVD EXCELSIOR MN 55331-8035 WALTER A & MELBA D WHITEHILL 7250 HAZELTINE BLVD EXCELSIOR MN 55331-8035 NOTICE OF PUBLIC HEARING LAND USE PLAN AMENDMENT CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, May 4, 2004, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a land use plan amendment to re-guide property from Public/Semi-Public and Residential-Medium Density (Net Density Range 4-8 units/acre) to Residential-Low Density (Net Density Range 1.2-4 units/acre) located south of Minnewashta Regional Park between Highway 41 and Lake Minnewashta. A plan showing the location of the proposal is available for public review at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Sharmeen A1-Jaff, Senior Planner Email: saljaff@ci.chanhassen.mn.us Phone: 952-227-1134 (Publish in the Chanhassen Villager on April 22, 2004) CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) SS. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on April 22, 2004, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Land Use Plan Amendment (Ches Mar Area) - Planning File No. 04-01 LUPA to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Kal:e/n J. Eng~/~l~'dt, D~. l~uty Clerk Subscribed and sworn to before me this ~,,idayof [.'\\), i ,2004. g:\plan\land use plan amendments\ches mar area\affidavit.doc o~ 8 SUBJECT PR(; Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other soumes regarding the ama, shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, 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 harmless the City from any and all claims brought by User, its employees or agents, or third parties which adse out of the user's access or use of data provided. Disclaimer This map is neither a fegatly recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in vadous city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liabte for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided Public Hearing Notification Area (500 feet) Area South of Minnewashta Regional Park Between Highway 41 and Lake Minnewashta (Ches Mar Area) City of Chanhassen Planning File 04-01 LUPA LAKE MINNEWASHTA SUBJECT PROPERTY~ MICHAEL DEAN ANDERSON 7140 HAZELTINE BLVD EXCELSIOR MN 55331-8056 CARVER COUNTY CARVER COUNTY GOVT CTR-ADMIN 600 4TH ST E CHASKA MN 55318-2102 ERIC K & KELLY J DETTMER 7275 HILLSDALE CT CHANHASSEN MN 55317-7548 THOMAS J DOLL & MARY C DODDS PO BOX 148 EXCELSIOR MN 55331-0148 GERALDINE EIKAAS 2763 CHES MAR FARM RD EXCELSIOR MN 55331-8041 BARRY G & JENNIFER J FRIENDS 2735 CHES MAR FARM RD EXCELSIOR MN 55331-8041 MICHAEL W & SUSAN L GILBERT 7100 CHES MAR DR EXCELSIOR MN 55331-8833 DAVID G & STACEY R HURRELL 7460 BENT BOW TRL CHANHASSEN MN 55317-6400 WILLIAM D & BARBARA L JOHNSON 7060 CHES MAR DR EXCELSIOR MN 55331-8833 LEONARD V & MARY ELLEN KUHI 2703 CHES MAR FARM RD EXCELSIOR MN 55331-8041 SANG CAM & NHI T KY 6729 BRENDEN CT CHANHASSEN MN 55317-7570 MARK W & JOAN R LARSON 7298 HILLSDALE CT CHANHASSEN MN 55317-7548 LONGACRES HOMEOWNERS ASSN INC C/O LUNDGREN BROS CONST INC 935 WAYZATA BLVD E WAYZATA MN 55391-1899 MICHAEL W & AMY L MORGAN 7265 HILLSDALE CT CHANHASSEN MN 55317-7548 MPLS COUNCIL OF CAMPFIRE GIRLS 640 GRANT ST E MINNEAPOLIS MN 55404-1431 MPLS COUNCIL OF CAMPFIRE GIRLS 2610 UNIVERSITY AVE W MINNEAPOLIS MN 55114-2007 BRIAN K & THERESA A NORTHROP 2721 LONGACRES DR CHANHASSEN MN 55317-7557 YO YEOL PARK 2715 LONGACRES DR CHANHASSEN MN 55317-7557 GREGORY L & NANCY L SCHMIDT 2700 CHES MAR FARM RD EXCELSIOR MN 55331-8041 DAVID J & STEPHANIE L SEWARD 7205 HAZELTINE BLVD EXCELSIOR MN 55331-8036 DEAN A & JACQUELINE P SIMPSON 7185 HAZELTINE BLVD EXCELSIOR MN 55331-8057 DAN S & WENDY L SPILLUM 7270 HILLSDALE CT CHANHASSEN MN 55317-7548 NICHOLAS H STILLINGS & DENISE C STILLINGS 2670 LONGACRES DR CHANHASSEN MN 55317-7556 BRIAN P & MELISSA R THOMPSON 7260 HILLSDALE CT CHANHASSEN MN 55317-7548 JAMES G WAYNE JR 7200 HAZELTINE BLVD EXCELSIOR MN 55331-8035 DAVID R WEATHERS & KAREN EDELMANN 7235 HAZELTINE BLVD EXCELSIOR MN 55331-8036 WALTER A & MELBA D WHITEHILL 7250 HAZELTINE BLVD EXCELSIOR MN 55331-8035 JEFFREY C & BRENDA L WILLIAMS 2710 LONGACRES DR CHANHASSEN MN 55317-7557 PAUL R & ROXANNE J YOUNGQUIST 7105 HAZELTINE BLVD EXCELSIOR MN 55331-8057 MICHAEL P & LORI B ZUMWINKLE 7250 HILLSDALE CT CHANHASSEN MN 55317-7548 DANIEL P ENBLOM & PAMELA GRIFFITH-ENBLOM 7010 CHES MAR DRIVE EXCELSIOR MN 55331-8833 RICH SLAGLE 7411 FAWN HILL ROAD CHANHASSEN MN 55317 G:\PLAN\Land Use Plan Amendments\Ches Mar Area\04-01 LUPA 500 feet labels for PH notice.doc